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Minutes 2006-11-13 215 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 13, 2006 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Mike McGill Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Danes Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Recreation Superintendent Dena Diggins Interim City Clerk Denise Basham ORAL COMMUNICATIONS: Dave Ayres, Cypress, spoke regarding park development fees. WORKSHOP SESSION: The Acting Community Development Director stated that a number of items were requested by the City Council at the last workshop held on park development fees. He reviewed the requested information which included: park acreage goal/provisions/deficit, comparable park fees in Orange County, hypothetical park development cost, residential construction costs in Orange County cities, additional per unit residential fees not charged in Cypress, transportation fees, sports field usage/scheduling of open space and athletic fields, recently constructed park example and costs, and the OCBIA survey. Council Member McCoy asked about field usage and participation by outside groups. The Recreation and Community Services Director stated that Cypress may have children from Garden Grove playing in Cypress leagues just as there may be Cypress children playing in other cities leagues because of boundaries set by these leagues. She stated that the residency requirement of 50% is being met. Mayor Pro Tem Luebben and Council Member McCoy thanked staff for preparing the information that was provided. Council Member Seymore asked for clarification on how the fee was established and the various zones. Mayor Sondhi asked if the Quimby Act was a guideline or a mandate. 276 CITY COUNCIL MINUTES NOVEMBER 13, 2006 The Acting Community Development Director stated that if fees for park land are received, then the Quimby Act is a requirement. Mayor Sondhi asked if existing facilities have been looked at for the possibility to increase existing sports fields and has park usage, other than sports usage, been reviewed to see who is using City facilities. The Recreation and Community Services Director stated that staff is not monitoring overall usage, and that moon bounce and pavilion permits are only issued to Cypress residents. She stated that increasing existing sports fields would be difficult and would impact the community surrounding the parks. There are two community parks in the City with the remaining parks being neighborhood parks that are designed for passive use and do not have parking or bathrooms. Mayor Pro Tem Luebben asked for clarification on what park development fees can be used for. The Acting City Manager stated that the funds can be used for acquisition of land or improvement of facilities. The time frame to use these funds is five years. Council Member Seymore asked if the fees make up for a past deficit and about the possibility of phasing in increases. The Acting Community Development Director stated that this fee does not make up for lost revenue but brings the City up to a standard permitted by state law on what the City can collect. Council Member McCoy stated that there is a need to increase park development fees and asked for clarification on who is subject to the fees. The Acting Community Development Director stated that only new residential units are subject to the fees. Mayor Pro Tem Luebben stated that he does not feel the park development fees are unreasonable. Mayor Sondhi stated that she would like to see a three or four step increase possibly over a five year period for the fees with a possible exemption for those wanting to build an additional unit like a "granny" unit. Council Member Seymore stated that he would prefer a three year phase-in period. The City Attorney stated that from a legal perspective, the Council should be careful in setting policy based upon a single hardship. Council Member McCoy stated that he would agree with a three year phase-in without any special exemptions. It was the consensus of the City Council that the park development fee increase be phased in over a three year period without any exemptions at 50%-75%-100% phase-in increments. 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, Lease Negotiations for City-Owned Parcels Identified by APN Numbers 242-062-26 and 242-142-50, Negotiating Party: Acting Community Development Director; Under Negotiation: Terms and Conditions. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. 2 277 CITY COUNCIL MINUTES NOVEMBER 13. 2006 The City Attorney reported that the Redevelopment Agency 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 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment. At 6:20 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 7:05 p.m. by ;' Mayor Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy Council/Agency Board Member Mike McGill (arrived at 7:56 p.m.) Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Danes Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Associate Planner Doug Hawkins Interim City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Boy Scout Eric Ord. INVOCATION: The invocation was given by City Attorney Wynder. PRESENT A TIONS: The City Council presented a Resolution recognizing the Sylwanowicz Family as the 2006 Family of the Year. The City Council also recognized former Family of the Year recipients in attendance: the Benson family, Cabrera family, Kobel family, and Wynder family. The meeting was recessed at 7:17 p.m. for the 2006 Family of the Year Reception. The meeting was reconvened at 7:34 p.m. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The Acting City Manager reported that a workshop was held on the continuation of park development fees that were approved earlier in the year. Staff was given direction to phase in the fees over a three year period and this item will be brought back to Council at the first meeting in December. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. 3 278 CITY COUNCIL MINUTES NOVEMBER 13, 2006 The City Attorney reported that the City Council met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8: Lease Negotiations for City-Owned Parcels Identified by APN Numbers 242- 062-26 and 242-142-50, Negotiating Party: Acting Community Development Director; Under Negotiation: Terms and Conditions. The City Attorney stated that a discussion was held on the upcoming expiration of the leases. A negotiating strategy for addressing this was discussed and authorized unanimously by the City Council. The City Attorney reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney stated that discussion on this item was not held. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment. The City Attorney stated that a status report was provided but no reportable action was taken. 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 Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Brian Black, Cypress Cable Television Commission, spoke regarding Agenda Item No. 11. Mayor Sondhi stated that the public hearing for Agenda Item No. 1 was closed at a previous meeting and any comments would need to be made under Oral Communications. Joseph McGill, Fullerton, spoke regarding Agenda Item NO.1. Ben Chai, spoke regarding Agenda Item NO.1. Sengly Tun, Cypress, spoke regarding Agenda Item NO.1. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item NO.1: CONTINUATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-08 AND SPECIFIC PLAN AMENDMENT NO. 2006-01. A REQUEST TO CONSTRUCT A WALGREENS DRUG STORE WITH A DRIVE-THRU PHARMACY AT THE SOUTHEAST CORNER OF LINCOLN AVENUE AND VALLEY VIEW STREET (6006 LINCOLN AVENUE) IN THE PC PLANNED COMMUNITY ZONE. AND ELIMINATE THE MAXIMUM FRONT YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. The Associate Planner provided background information on this item. Mayor Sondhi stated that she does not disagree with the pharmacy being a permitted use, but disagrees with some of the considerations that have not taken place as a part of the planning for this particular project. Mayor Sondhi discussed areas of the Specific Plan relevant to this project area and the process and development of the Specific Plan. She also discussed the Campus Village District and what was intended for the area when it was created. 4 279 CITY COUNCIL MINUTES NOVEMBER 13, 2006 Mayor Pro Tem Luebben stated that he has changed his mind on the entire application and supports keeping the smaller businesses in Cypress a little bit longer. Council Member McGill stated that he is looking at the best deal that can be arranged for all. He feels that the property owner has made a good faith gesture to the tenants and that the applicant meets the requirements of the application. Council Member McCoy stated that it is important to understand that the businesses there lease the property and the property owner is looking to upgrade the site. He stated that one of the goals of beautifying Lincoln Avenue was to bring in new businesses and high density residential to bring more people to Lincoln Avenue. Council Member Seymore stated that he does not oppose the project but he does oppose business owners being pushed out, which was why he wanted the property owner to assist in finding other locations for the businesses. He suggested that the conditions be amended to make the block wall with a wrought iron top along the east wall, to not allow the clear Lexan material on top of the block wall, no wrought iron on the south side fence, and a walkway on the southeast side. Council Member McGill asked about design objectives regarding pedestrian access and the inclusion of architectural features along Lincoln Avenue. It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving Conditional Use Permit No. 2006-08, subject to the conditions in Exhibit "A", as amended; and 3) Introduce for first reading the Ordinance by title only, amending Section 4.5.1 of the Lincoln Avenue Specific Plan to eliminate the maximum front yard setback requirement within the Campus Village District of the Lincoln Avenue Specific Plan. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: McCoy, McGill and Seymore NOES: 2 COUNCIL MEMBERS: Luebben and Sondhi ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-08 - WITH CONDITIONS. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 4.5.1, DEVELOPMENT STANDARDS MATRIX, TABLE 2, OF THE LINCOLN AVENUE SPECIFIC PLAN FOR THE PURPOSE OF ELIMINATING THE MAXIMUM FRONT YARD SETBACK REQUIREMENT FOR THE CV CAMPUS VILLAGE DISTRICT OF THE SPECIFIC PLAN. 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. Council Member Seymore requested Agenda Item No.9 be pulled from the Consent Calendar. 5 280 CITY COUNCIL MINUTES NOVEMBER 13, 2006 It was moved by Council Member Seymore and seconded by Council Member McCoy, to approve Consent Calendar Items NO.2 through 8. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 23. 2006. Recommended Action: That the City Council approve the Minutes of the Meeting of October 23, 2006, as submitted. Item NO.3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.4: ADOPTION OF RESOLUTION RECOGNIZING THE SYLWANOWICZ FAMILY AS THE 2006 CYPRESS FAMILY OF THE YEAR. Recommended Action: That the City Council adopt the Resolution by title only, recognizing the Sylwanowicz family as the 2006 Cypress Family of the Year. RESOLUTION NO. 5991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE SYLWANOWICZ FAMILY AS THE 2006 CYPRESS FAMILY OF THE YEAR. Item No.5: ACCEPTANCE OF REPLACEMENT OF ASPHALT CONCRETE PAVEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2004-24. Recommended Action: That the City Council: 1) Accept Replacement of Asphalt Concrete Pavement at Maintenance Yard, Public Works Project No. 2004-24, as being satisfactorily completed in conformance with the project specifications, in the final amount of $347,910.23; and 2) Approve the final retention payment of $34,791.02 to Tyner Paving, 2005 San Fernando Road, Los Angeles, California 90065, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item NO.6: RECEIVE PETITIONS FOR RESIDENTIAL PARKING PERMIT DISTRICTS AND SET A PUBLIC HEARING DATE. Recommended Action: That the City Council: 1) Receive the following petitions for the establishment of a Residential Parking Permit District for the following areas: . On Lee Street (from 9761 through 9792 Lee Street) and Lee Drive (from 6001 through 6182 Lee Drive) between the hours of 10 a.m. and 1 p.m. - school days only. . On Oxford Drive (from 5243 through 5294 Oxford Drive) between the hours of 10 a.m. and 1 p.m. - school days only. . On the west side of Knott Street (from 10541 through 10711 Knott Street) and Jonathan Avenue (from 6942 through 6992 Jonathan Avenue) 24 hours a day, seven days a week; and 2) Set a public hearing date for each of these areas for the City Council Meeting of January 22, 2007, to discuss the establishment of Residential Parking Permit Districts for the three areas that have submitted certified petitions. 6 281 CITY COUNCIL MINUTES NOVEMBER 13, 2006 Item NO.7: EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit B) in the amount of $20,000,000 with the Cypress Redevelopment Agency for the purchase of land, with the repayment by the Agency being made from the proceeds resulting from reselling the land for development. Item NO.8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78004 THROUGH 78223. Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation and Park District Matters: Reqardinq Item No.9: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO RESCIND TWO AWARDED BIDS WITH T-CONSTRUCTION AND ENTER INTO CONTRACT WITH THE NEXT LOWEST RESPONSIBLE BIDDERS FOR THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION - PROJECT NO. 2005-35. Council Member Seymore expressed his concern over T- Construction withdrawing its bid and the cost increase of $46,500 for the next responsible bidder. The Recreation and Community Services Director stated that the City is still within budget. It was determined, after T-Construction met with Swinerton, that they would not be able to perform the work to the standard expected and that in the essence of time versus continuing negotiations with the company, it was decided to move on so the project could stay on schedule. Mayor Pro Tem Luebben asked for clarification on the contractor's legal obligation to perform if specific performance was demanded. The City Attorney stated that the contracts are very unusual in the sense that the City has essentially contracted with a vendor to deliver a product for a guaranteed maximum price, but since the work involves a scope of public work, the City cannot contract away the police power obligation to award contracts pursuant to the public contract scope. If there had been an impact to the guaranteed maximum price the City would pay, then it would be in the City's interest to hold the contractor responsible. Because this will not impact the bottom line price paid, the City Attorney and staff felt comfortable because any risk of absorbing increased cost on the project would be born by the vendor and not the City. Council Member McGill asked about a performance bond on the contract. The City Attorney stated that this is not a typical contract and that technically, the City's contract is with Griffin Structures. Mayor Pro Tem Luebben stated that the City has lost opportunity because the City would benefit from any under-run below the price negotiated with Griffin Structures. The City Attorney stated that there is the potential for a reduction in savings assuming no other changes in the project will be required and, if these contracts had been honored, that would have come back to the City. However, it is too early to tell if there will be funds at the end of the project. Mayor Sondhi stated that Griffin Structures has provided their maximum dollar figure, which is all based on the fact that construction is fluid. 7 282 CITY COUNCIL MINUTES NOVEMBER 13, 2006 Council Member Seymore discussed follow up and keeping track of contract changes for the project. Council Member McCoy stated that if the City is interested in recouping any funds at the end, this item should not be approved. The Recreation and Community Services Director stated that staff is asking the Council to approve the second lowest bidder. She stated that there is not a bid bond associated with T-Construction so only Griffin Structures can be held accountable in the end giving the City the guaranteed maximum price. Mayor Pro Tem Luebben stated that it is troubling that T-Construction is not being held accountable. Gary Chubb, Griffin Structures, clarified that although T-Construction was awarded the bid, when Swinerton went to enter into the agreement, they requested a payment performance bond from the contractor who refused to provide the bond. It was deemed that they were refusing to enter into the agreement and was the driving force of suggesting the replacement to the second lowest bidder. He stated that he understood the City Council concerns and felt it was Griffin Structures due diligence to not delay the project by re-bidding the demolition. Council Member Seymore stated the he felt that T-Construction should be responsible for the balance of the contract cost and expressed his concerns over responsibility of the contractor and project manager. The City Attorney stated that the contract needs to be reviewed and discussed the process for determining the lowest responsible bidder. Council Member McGill commented on the principles of the work-build contract and requested the City Attorney review the contract with Griffin Structures. It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, continue this item to a future City Council meeting. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, McGill, Seymore and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item NO.1 0: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2006- 06, A PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX I - ZONING, SECTION 3.14.050.C.7, RELATING TO DRIVEWAY LANDSCAPE BUFFER REQUIREMENTS. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2006-06. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 8 283 CITY COUNCIL MINUTES NOVEMBER 13, 2006 ORDINANCE NO.1 084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 3.14.050.C.7 OF THE CYPRESS ZONING ORDINANCE RELATING TO DRIVEWAY LANDSCAPE BUFFERS. NEW BUSINESS: Item No. 11: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV. SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS, COMMISSIONS AND COMMITTEES" AND THE CABLE TELEVISION COMMISSION. The Administrative Services Manager provided background information on this item. Mayor Sondhi thanked the Cable Television Commissioners for their service to the City. Mayor Sondhi asked if the staggered terms of the commissions had been affected and if that section of the ordinance needed to be amended to address ongoing issues with the staggering of terms. The Administrative Services Manager stated that the staggering has not been affected and that all of the commissioners have been made aware of their terms. At this point, everything is on schedule and the changes will not impact any rotation. Mayor Sondhi suggested that the commission term not end until June, 2007 in order to conduct the video contest. Mayor Pro Tem Luebben indicated that he would like the periodic joint meetings with the commissions and City Council to be held again. It was moved by Mayor Sondhi and seconded by Council Member McGill, that the City Council introduce for first reading the Ordinance by title only, Amending Chapter 2, Article IV, Sections 2-40 through 2-120 Related to "Boards, Commissions and Committees" and the Cable Television Commission, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS, COMMISSIONS AND COMMITTEES" AND THE CABLE TELEVISION COMMISSION. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. It was moved by Agency Board Member Seymore and seconded by Agency Vice Chair Luebben, to approve Consent Calendar Items No. 12 and 13. 9 284 CITY COUNCIL MINUTES NOVEMBER 13, 2006 The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Consent Calendar Item No. 12: PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINNERS CIRCLE AND KATELLA AVENUE. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Approve the Purchase and Sale Agreement and the Resolution with Los Alamitos Race Track and Rolling A Ranch, LLC for the Agency's acquisition of the approximately 13.329 acre area located at the northwest corner of Winners Circle and Katella Avenue; and 2) Approve an appropriation from the General Fund (pursuant to the accompanying staff report from the Finance Manager) in the amount of $19,993,500 to the following asset account number: 1431-38 (Land Held for Resale - LART). RESOLUTION NO. CRA - 127 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN THE AGENCY, AS BUYER, AND LOS ALAMITOS RACE COURSE AND ROLLING A RANCH, LLC, AS SELLER, OF AN APPROXIMA TEL Y 13.329 ACRE PARCEL LOCATED IN THE CITY OF CYPRESS AT THE NORTHWEST CORNER OF WINNERS CIRCLE AND KATELLA A VENUE WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. Item No. 13: EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommended Action: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit B) in the amount of $20,000,000 with the City of Cypress for the purchase of land, with the repayment to the City being made from the proceeds resulting from reselling the land for development. END OF CONSENT CALENDAR ORAL COMMUNICATIONS: For Matters Not on the Agenda. Brian Black, Cypress Cable Television Commission, thanked the City Council for extending the Commission term to June. Young Chai, Cypress Chamber of Commerce, provided an update on Chamber activities and events. Nicholas Naper, Los Alamitos High School, introduced himself for his government class. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Mavor Pro Tem Luebben: Attended an O.C. Sanitation District Board meeting. Attended an O.C. Sanitation District Finance Committee meeting. Attended an O.C. Sanitation District Human 10 285 CITY COUNCIL MINUTES NOVEMBER 13, 2006 Resources Finance Committee meeting. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Council Member McGill: Attended a League of California Cities meeting. Council Member Seymore: Attended the Cypress Halloween Carnival at the Cypress Senior Center. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mavor Sondhi: Attended the dedication of the butterfly sculpture at the Cypress Senior Center. Mayor Sondhi reported on her attendance and involvement at various community events and activities. ITEMS FROM CITY MANAGER: The Acting City Manager asked the Chief of Police to provide an update on an upcoming event. The Chief of Police provided information on a memorial service honoring Officer Sowma, who was killed in 1976, on Sunday, November 19, 2006 at the Cypress Police Department. Brigitte Wolf sang "The Star Spangled Banner" to end the City Council meeting. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:55 p.m. to Monday, November 27,2006, beginning at 5:30 p.m. in the Executive Board Room. I ~~, MAYOR OF: ATTEST: ~iof2L txwJ'\tUV1 CITY CLERK OF THE CITY OF CYPRESS 11