MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD SEPTEMBER 24, 2012

A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Bailey in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director/Acting Community Development Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant Public Works Director Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Redevelopment Project Manager Steve Clarke
Planning Manager Doug Hawkins
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

None.

WORKSHOP SESSION:

The City Manager indicated that the project applicants would have an opportunity to speak regarding their new initiative, the Planning Manager would then give a brief presentation and the City Council would have a question and answer period. 

Frank Sherrin, Los Alamitos Race Track, distributed copies of the Concept Plan and stated that the new initiative reflects an area that is 4.2 acres in order to meet what the City envisioned and that it does not include the 14 foot setback. 

Council Member Seymore asked about the actual acreage amount of the commercial site. 

Mr. Sherrin replied that the acreage is just less than 5 acres and that the future Moody Street extension is not included in the acreage. 

Mayor Bailey asked if a shopping center such as Ralphs could be developed on the commercial site and if there are setbacks within that area. 

The Planning Manager stated that a shopping center similar in size to the current Ralphs would not fit on the commercial site depicted and that the setbacks are not included within the 5.3 acre project. 

Mayor Bailey spoke in support of a development like the Ralphs shopping center.

Council Member Luebben asked if the community could support another grocery store and commented on grocery stores that have not sustained. 

Council Member Mills clarified that the issue is to change the land zoning and the footprint of the project, and that development is a future City Council action. 

Mr. Chang stated that a prior study indicated that there is still a demand for retail development except for large department stores. 

Council Member Seymore stressed the importance of keeping the future Moody Street extension available for a future street push through. 

Council Member Mills stated that he is disappointed with the commercial site being flipped from where it was before and that his preference is for the commercial site to be at the northwest corner in order to maximize the number of houses in Cypress and minimize the Cypress School District split impact. 

Mayor Pro Tem Narain asked why the commercial site location was switched. 

Mr. Sherrin replied that the commercial site location was switched in order to allow for the opportunity for future commercial expansion. 

Jack Rubens, Los Alamitos Race Track counsel, stated that the eastside land use would be next to non-residential uses and the westside land use would be residential. 

The Public Works Director/Acting Community Development Director stated that at some point a north/south arterial to connect Katella Avenue is needed.

Mayor Pro Tem Narain asked about open space. 

Mr. Sherrin responded in the affirmative and stated that there are provisions for a park.

Mayor Pro Tem Narain clarified that the current question is if there is enough commercial land designation. 

Council Member Seymore suggested that the usable commercial land designation needs to be 5 acres.

Mr. Sherrin asked for clarification on the desire for the commercial site to be 5 acres instead of 4.2 acres. 

Mayor Bailey stated that he would like the plan to include a grocery store and he briefly reviewed the key findings of the Fiscal & Economic Impact Study.  

Mr. Rubens spoke of increasing the footprint of the plan by .1 acre to match the size of the Stater Bros. development site and reminded that it is intended as neighborhood commercial zoning. 

Council Member Luebben stated that the plan would have to get voter approval and that 5 acres at a minimum could be negotiated in the future, if necessary. 

The City Attorney responded that if the language included the development of up to 5 acres with a Conditional Use Permit then rezoning would not be necessary to develop less than 5 acres. 

Mr. Rubens stated that rezoning would be necessary due to adding the uses that are permitted and changing the zoning designation. 

The City Attorney inquired as to if that verbiage could be added to the initiative. 

Mr. Rubens responded that the development could be any size and that the zoning has to be specific. 

Council Member Mills asked about the process of changing the school district boundaries.

Mr. Chang reviewed the Fiscal & Economic Impact Study and indicated that the police workload would be the most impacted of the expenditure categories. 

The City Manager stated that the residential streets within the development would be private and that there would be a homeowners association. 

Council Member Luebben asked about the estimated sales tax revenues to the City.

Mr. Chang stated that the Nielson research data showed that the supply in the Cypress area is much lower than the demand. 

Council Member Seymore asked about the economic impact between the 4.2 acres site and the 5 acre site.

Mr. Chang stated that the estimated economic impact would be approximately $20,000-$25,000. 

It was the consensus of the City Council that the commercial site development be 5 acres. 

Council Member Mills stated that he is in support of the 5 acre site development but that he does not want the commercial area where it has been moved to due to the split of school district boundaries. 

Mayor Bailey reminded of the increased revenue benefits to the City including the Vehicle License Fee (VLF), property tax, and business license. 

Mr. Rubens stated that the goal is to initiate the process after the November 6, 2012, elections.  He indicated that that the actual election would most likely be in March 2013.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works/Acting Community Development Director, Under Negotiation: Price and Terms of Payment. 

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Cypress School District v. City of Cypress, Case Number 30-2011-00522871, Orange County Superior Court. 

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(c), Number of Cases: One. 

At 6:26 p.m., the Mayor recessed the meeting.

7:00 P.M. SESSION:

The 7:00 p.m. session of the City Council meeting was called to order at 7:16 p.m. by Mayor Bailey.

Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Successor Agency Counsel Dan Slater
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director/Acting Community Development Director Doug Dancs
Recreation and Community Services Director June Liu
Public Works Superintendent Bobby Blackburn
Planning Manager Doug Hawkins
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Luebben.

INVOCATION:  The invocation was given by City Attorney Wynder.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The Mayor asked for the report of the Workshop Agenda item discussed earlier in the evening. 

The City Manager reported that the City Council met regarding an initiative on the Los Alamitos Race Track property and that discussion included focused locations of land uses, a fiscal report, and the sales tax and property tax revenues generated from the project. 

The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening.

The City Attorney reported that the City Council did not meet in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works/Acting Community Development Director, Under Negotiation: Price and Terms of Payment. 

The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Cypress School District v. City of Cypress, Case Number 30-2011-00522871, Orange County Superior Court.  He stated that the Mayor received a potential proposal to resolve the pending litigation from the Cypress School District Acting Board President and that the Mayor conveyed that offer to the City Council.  He indicated that there was discussion of the terms and conditions under which the City in principle would respond to the offer and that the City Council unanimously directed the City Attorney and Mayor to communicate the City’s response to the proposal subject to the Cypress School District’s acceptance of the proposal. 

The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(c), Number of Cases: One.  He stated that a litigation avoidance strategy was authorized and that this item will likely be on a future City Council/Successor Agency agenda.

No other action was taken in Closed Session, nor was any solicited.

ORAL COMMUNICATIONS:   LIMITED TO ONE-HALF HOUR.  (THREE MINUTES PER SPEAKER, SPEAKING ONCE.)

Mayor Bailey asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.

Shelley Henderson, O.C. Breeze, stated that the fifth edition of the newspaper will be delivered this week.

Mariellen Yarc, spoke regarding the upcoming Woman’s Club of Cypress inspirational breakfast and upcoming Cypress Chamber of Commerce activities and events.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

No items.

CONSENT CALENDAR:

All matters listed on the Agenda under “Consent Calendar” are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda.

It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 1 through 7.

The motion was unanimously carried by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:   Luebben, Mills, Seymore, Narain and Bailey
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

Item No. 1:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 10, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of September 10, 2012, as submitted.

Item No. 2:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 3:   CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY AND LEWIS LAND DEVELOPERS, LLC.

Recommendation:   That the City Council approve the Exclusive Negotiation Agreement (ENA) between the City and Lewis Land Developers, LLC (Lewis) for the 13.329 acre parcel located at the northwest corner of Katella Avenue and Winners Circle, and authorize the Mayor to execute the agreement.

Item No. 4:   AWARD OF CONTRACT FOR REPLACEMENT OF FIVE POLICE VEHICLES.

Recommendation:   That the City Council find that the Los Angeles County Purchase Order No. DPO-SH-11323318-1 satisfies the City’s bid process per City Code Section 21A-10(e), and award a contract to purchase five 2011 Ford Crown Victoria Police Interceptor Patrol vehicles from Wondries Fleet Group, Alhambra, California, in the amount of $122,825.

Item No. 5:   APPROPRIATION OF GRANT FUNDS FOR URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAMS.

Recommendation:   That the City Council:

1. Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the General Fund Grants Fund for Fiscal Year 2011-2012 in the amount of $39,504; and

2. Approve the following appropriations in the General Fund Grants Fund for Fiscal Year 2011-2012 as follows:

114-50183.4003_021 (Overtime)                 $38,355
114-50183.4206 (Travel and Meeting)             1,149

3. Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the General Fund Grants Fund for Fiscal Year 2012-2013 in the amount of $12,000; and

4. Approve the following appropriations in the General Fund Grants Fund for Fiscal Year 2012-2012 as follows:

114-50183.4003_014 (Overtime)                 $12,000

Item No. 6:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2012.

Recommendation:   That the City Council receive and file the Investment Report for the month of August, 2012.

Item No. 7:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 23384 THROUGH 23530.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2012-13.

END OF CONSENT CALENDAR

NEW BUSINESS:

No items.

RECREATION & PARK DISTRICT MATTERS:  The Cypress City Council, Acting as the Ex Officio Governing Board of Directors.

No items.

SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERSThe Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency.

No items.

ORAL COMMUNICATIONS:  For Matters Not on the Agenda.

None.

ITEMS FROM CITY COUNCIL MEMBERS:

Mayor Bailey requested reports from the Council Members on their respective committee assignments.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Administrative Committee meeting.  Attended the Warland Tenant Appreciation mixer.

Council Member Seymore:

Attended the September 11th Remembrance Ceremony at Fire Station 17.  Participated in the beach cleanup at Sunset Beach.  Attended the Chase Bank grand opening. Attended the Warland Tenant Appreciation mixer.

Council Member Mills:

Attended the September 11th Remembrance Ceremony at Fire Station 17.  Attended the Golden State Water Company Clair Well #5 completion ceremony in Stanton.  Attended the ACC-OC Legislative Committee meeting.  Attended the Change of Command ceremonies at the Joint Forces Training Base.  Attended the Chase Bank grand opening.  Attended the Warland Tenant Appreciation mixer.  Attended the ACC-OC Golden Hub innovation awards.

Mayor Bailey:

Attended the Chase Bank grand opening.  Attended the Warland Tenant Appreciation mixer.  Attended an O.C. Vector Control meeting.  Attended the National Plug-In event at Mitsubishi Motors.

ITEMS FROM CITY MANAGER: 

The City Manager stated that the City will be holding its 3rd Annual Cypress Job Fair on October 11, 2012.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:36 p.m. to Monday, October 8, 2012, beginning at 5:30 p.m. in the Executive Board Room.

_______________________________
MAYOR OF THE CITY OF CYPRESS

ATTEST:

___________________________________
CITY CLERK OF THE CITY OF CYPRESS

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780