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Minutes 2008-10-27 214 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 27, 2008 A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Seymore in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Phil Luebben Council/Agency Board Member Prakash Narain Members absent: Mayor Pro Tem/Agency Vice Chair Leroy Mills Staff present: City Manager John Bahorski City Attorney William Wynder Director of Community Development Ted Commerdinger Chief of Police Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director June Liu Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse Water Quality Manager Gonzo Vazquez City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that Golden State Water Company had an opportunity in advance to respond to the City's concerns regarding the rate case application. He stated that the City Council presentation will include a presentation by Golden State Water along with a presentation by the Public Works Director. Frank Heldman, Golden State Water Company, introduced John Dewey and Art Gomez. Mr. Heldman provided City Council with an overview of the Golden State Water Company's general rate increase, informing that they have been servicing the City of Cypress for approximately 80 years. The general rate increase is an 18 month process to include a review and comment period, solicitation of comments from community members and community leaders, along with evidentiary hearings before an Administrative Law Judge. The California Public Utilities Commission would then render a decision. Mr. Heldman stated that the proposed monthly increases for an average customer who currently pays $47.87 for 1,700 cubic feet of water (12,716 gallons) would be: $1.63 for 2009; $13.86 for 2010; $1.07 for 2011; and $2.06 for 2012. Council Member Bailey asked if the per acre cost includes the cost for moving the water to Cypress. Mr. Heldman responded that the per acre cost does not include the cost for moving the water. The water for the City of Cypress comes from Orange County. 21~ CITY COUNCIL MINUTES OCTOBER 27, 2008 The Public Works Director stated that Orange County has 75% ground water and 25% imported from the Metropolitan Water District. The more imported water that is in the system, the higher the cost. Council Member Narain asked for clarification on the replacement costs. Mr. Heldman commented that the water supply costs per acre foot include a recharge assessment. Mr. Heldman stated that tiered water rates would allow more customer control and lower residential customer monthly services charges. He stated that there will be community outreach consisting of an open house, news releases, a customer friendly website, public hearings, and individual mailers to customers. The Public Works Director stated that the City of Cypress is located in Golden State Water Company's Region III service area, in the Los Alamitos Service Area sub-region. He informed that pumped ground water comes from the Orange County Water District, and imported water comes from the Metropolitan Water District. The Public Works Director stated that the City of Cypress is the largest water user in the City. Currently, $376,258 is budgeted for water in Fiscal Year 2008-2009. Council Member Luebben asked about the water rates rising by 38 percent over a four year period, and the reason for the majority of the increase occurring in 2010. Mr. Heldman responded that that would make the Golden State Water Company whole as quickly as possible. The Public Works Director commented that staff proposes the formation of an ad-hoc working group with other local cities within Region III to discuss future rate adjustments, service problems, water conservation, recycled water, grant programs, and emergency response. This ad-hoc committee would include the Cities of Cypress, Stanton, Los Alamitos and soon to be the Rossmoor Community Services District. It was the consensus of the City Council to: 1) Direct staff to send a letter on behalf of the City Council to the California Public Utilities Commission (CPUC) opposing the potential rate increase proposed by the Golden State Water Company; 2) Direct staff to coordinate the formation of an ad-hoc working group for future water concerns of those cities served within the Los Alamitos sub-region; and 3) Authorize the City's participation as an intervener. 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(a). Number of cases: one. 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), Blythe v. North Orange County Community College District, et al. Case Number 00103466, Orange County Superior Court. 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 7:00 p.m. by Mayor Seymore. Members present: Mayor/Agency Chair Todd. Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Phil Luebben Council/Agency Board Member Prakash Narain Members absent: Mayor Pro Tem/Agency Vice Chair Leroy Mills 2 216 CITY COUNCIL MINUTES OCTOBER 27, 2008 Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Chief of Police Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director June Liu Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse Recreation Superintendent Dena Diggins Associate Planner Kori Nevarez Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Narain. 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 items discussed earlier in the evening. The City Manager reported that the City Council held a workshop to discuss a proposed rate increase by the Golden State Water Company. They have applied to the Public Utilities Commission fora 38 percent increase. The City Council directed staff to form an ad hoc committee with the cities of Stanton and Los Alamitos to explore the possibility of becoming an intervener in the case and, at a minimum, send a letter of protest regarding the rates to the Public Utilities Commission. Staff will have all copies of the reports and letters available to the public and is also working with other cities in sharing the information. 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 met in Closed Session regarding Conference with Legal Counsel -Anticipated Litigation pursuant to Government Code Section 54956.9(a). Number of cases: one. The City Attorney stated that after a briefing and discussion of the options available to the Agency, the Agency unanimously directed its legal counsel to participate as an amicus in an action that we anticipate will be filed by the California Redevelopment Agency challenging the recent action of the legislature to take money from redevelopment agencies to balance the State budget. 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), Blythe v. North Orange County Community College District, et al. Case Number 00103466, Orange County Superior Court. The City Attorney stated that the City Council was presented with a draft item of correspondence to be sent to the North Orange County Community College District. The City Council unanimously authorized the sending of such a letter depending upon an anticipated response to be received from the North Orange County Community College District regarding prior correspondence and proposals made by the City. 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 Seymore asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. 3 217 CITY COUNCIL MINUTES OCTOBER 27, 2008 Scott Smith, AmeriCare Ambulance Service, spoke regarding the Request for Proposals process for ambulance service currently being conducted by the O.C. Fire Authority. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONSIDERATION OF THE 2008 UPDATE OF THE HOUSING ELEMENT OF THE CYPRESS GENERAL PLAN. The Director of Community Development stated that under California Law, cities review their Housing Elements from time to time and it is time to update the element that was first adopted by the City Council in 2001 as part of the overall General Plan. He stated that of special significance to Cypress, is the fact that much of the housing stock is at or above the 30 year mark in terms of age. The draft has already been certified as being compliant with State law by the Housing and Community Development Department and the City of Cypress is one of the first in the county to get that attainment. The Associate Planner provided background information on this item. Council Member Bailey asked staff to explain the Regional Housing Needs Allocation of 451 new residential units for the 2008-2014 planning period. The Associate Planner stated that the Regional Housing Needs Allocation number is passed down from the Southern California Association of Governments to the City as the fair share of the regions housing need which was passed down by the State. Council Member Luebben asked how the lower income units are determined. Karen Warner, the City's housing consultant, stated that determination for the lower income units is made by the City's need to provide the zoning and sites to accommodate the amount of growth. Council Member Luebben inquired about how the regionalization affects the income. Ms. Warner stated that the Regional Housing Needs Allocation number is divided into four income categories. The percentages in each of those categories are the same across the county. Mayor Seymore asked what would happen if the City was unable to fulfill the required numbers. Ms. Warner stated that the City is committing to the zoning, not that the units will be built. The Director of Community Development stated that addressing the Regional Housing Needs Allocation number is about making the accommodation to allow it. The State recognizes that the City does not own it or dictate the market. However, the City must show positive action that the needs of the State law were accommodated. The public hearing was opened. Mayor Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Bailey and seconded by Mayor Seymore, that the City Council adopt the Resolution by title only, adopting the 2008 Update of the Housing Element of the Cypress General Plan and adopt the associated Negative Declaration in accordance with the requirements of the California Environmental Quality Act. 4 218 CITY COUNCIL MINUTES OCTOBER 27, 2008 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills RESOLUTION NO. 6117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE 2008 UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF CYPRESS AND ADOPTING THE ASSOCIATED NEGATIVE DECLARATION FOR THE SAME 2008 UPDATE OF THE HOUSING ELEMENT. Item No. 2: PUBLIC HEARING REGARDING THE ESTABLISHMENT OF A MASTER FEE SCHEDULE RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND CYPRESS RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES. AND AMENDMENT OF A CYPRESS POLICE DEPARTMENT PENALTY SCHEDULE RELATED TO CERTAIN FINES FOR PARKING VIOLATIONS. The Director of Recreation and Community Services provided background information on the master fee schedule. The Management Analyst provided background information on the penalty schedule for the Cypress Police Department. Council Member Narain asked about discounts provided to Cypress residents. The Director of Recreation and Community Services stated that it is being proposed that Cypress residents receive a $2 discount on recreational classes and activities that are $10 or more. Cypress residents will also be offered advanced class registration and facility rental opportunities. Resident and resident/non-profit groups also receive a discounted rate on facility rentals. Council Member Luebben asked how it was determined what is included in the police fees versus the master fee schedule. The Chief of Police stated that many of the fines are based on violations that are seen often. There is also an area on the citation form for other violations to be written. The City Manager stated that there are other charges such as processing fees or fees if it goes through the court system. Council Member Bailey asked if any violations are handled directly by the City without going through the West Court system. The Chief of Police replied that the City has an agreement with the court system, whereas, some fees may be waived by attending a court assigned class. However, the majority of violations are managed through West Court. The public hearing was opened. Mayor Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Council Member Luebben and seconded by Mayor Seymore, that the City Council, and acting at the ex-officio governing Board of Directors of the Cypress Recreation and Park District, conduct a Public Hearing concerning the establishment of a Master Fee Schedule and the Cypress Police Department Penalty Schedule, and adopt the Resolutions by title only, establishing a master schedule of fees and charges for certain City and Recreation and Park District services and 5 219 CITY COUNCIL MINUTES OCTOBER 27, 2008 activities, and amending certain fines for parking violations within the Cypress Police Department Penalty Schedule. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills RESOLUTION NO. 6118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A MASTER SCHEDULE OF FEES RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES. RESOLUTION NO. 6119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CERTAIN FINES FOR PARKING VIOLATIONS WITHIN THE CYPRESS POLICE DEPARTMENT PENALTY SCHEDULE. 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 Luebben requested Agenda Item No. 9 be pulled from the Consent Calendar. Council Member Narain requested Agenda Item No. 13 be pulled from the Consent Calendar. It was moved by Council Member Luebben and seconded by Council Member Narain, to approve Consent Calendar Items No. 3 through 8 and 10 through 12. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills 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 AN ORDINANCE AMENDING SECTION 21A-19 OF THE CYPRESS MUNICIPAL CODE REVISING THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS. Recommendation: That the City Council adopt the Ordinance by title only, amending Section 21 A-19 of the Cypress Municipal Code revising the formal bid limit for public works projects. ORDINANCE NO. 1102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 21A-19 OF THE CYPRESS MUNICIPAL CODE REVISING THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS. s ~~0 CITY COUNCIL MINUTES OCTOBER 27, 2008 Item No. 5: SECOND READING OF AN ORDINANCE TO EXPAND CHAPTER 2 OF THE CITY CODE BY ADDING ARTICLE XI TITLED "ESTABLISHMENT OF A MASTER FEE SCHEDULE" TO INCLUDE SECTIONS 2-135 THROUGH 2-137 WHICH ALSO AMENDS PORTIONS OF CHAPTERS 4. 5, 13, 15, 16, 20 AND 21 PERTAINING TO FEES FOR SERVICES. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Ordinance by title only, expanding Chapter 2 of the Code of the City of Cypress by adding Article XI titled "Establishment of a Master Fee Schedule" to include Sections 2-135 through 2-137 which also amends portions of Chapters 4, 5, 13, 15, 16, 20 and 21. ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, EXPANDING CHAPTER 2 OF THE CODE OF THE CITY OF CYPRESS BY ADDING ARTICLE XI "ESTABLISHING A MASTER SCHEDULE OF FEES" TO INCLUDE SECTIONS 2-135 AND 2-137 RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES ACTIVITIES, AND TO AMEND PORTIONS OF CHAPTERS 4, 5, 13, 15, 16, 20 AND 21 OF THE CYPRESS MUNICIPAL CODE PERTAINING TO FEES FOR SERVICES. Item No. 6: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 13. 2008. Recommendation: That the City Council approve the Minutes of the Meeting of October 13, 2008, as submitted. Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2008/09 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2008-17. Recommendation: That the City Council approve the plans and specifications for the 2008/09 Overlay Project, Public Works Project No. 2008-17. Item No. 8: APPROVAL OF TASK ORDER NO. 1 WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT CERRITOS AVENUE AND ORANGE AVENUE. Recommendation: That the City Council: 1) Approve Task Order No. 1 in the amount of $136,125 for design services for sewer rehabilitation of Cerritos Avenue (Project No. 2008-24) and Orange Avenue (Project No. 2008-32) to Lee & Ro, Inc.; 2) Authorize $20,400 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer. Item No. 10: ADOPTION OF A RESOLUTION AUTHORIZING AN EXTENSION OF THE TIME PERIOD TO PURSUE DEVELOPMENT OF THE AGENCY OWNED PROPERTIES LOCATED AT 5732 AND 6122 LINCOLN AVENUE. Recommendation: That the City Council adopt the Resolution by title only, authorizing the extension of the time period to pursue development of the Cypress Redevelopment Agency owned properties located at 5732 Lincoln Avenue and 6122 Lincoln Avenue. I RESOLUTION NO. 6122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AFFIRMING THE INTENTION OF THE CITY COUNCIL THAT CERTAIN PROPERTIES ACQUIRED BY THE CYPRESS REDEVELOPMENT AGENCY WITH LOW AND MODERATE INCOME HOUSING FUNDS BE USED FOR THE DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING. ~ II ~i 221 CITY COUNCIL MINUTES OCTOBER 27, 2008 Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2008. Recommendation: That the City Council receive and file the Investment Report for the month of September, 2008. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85495 THROUGH 85497 AND 88332 THROUGH 88551. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. Re act rding Item No. 9: EXTENSION OF CONDITIONAL USE PERMIT NO. 2007- 11 AND VARIANCE NO. 2007-07 A REQUEST FOR A ONE YEAR EXTENSION OF THE PREVIOUS APPROVAL TO CONSTRUCT THREE CONDOMINIUM UNITS LOCATED AT 8705 LA SALLE STREET IN THE RM-20 RESIDENTIAL-MULTIPLE FAMILY ZONE, Council Member Luebben asked for information on this item. The Director of Community Development stated that this is a request for aone-year time extension on approvals for residential development of three condominium units. He stated that in markets where sales are slow, developers are very reluctant to start construction projects because they do not know if they can sell the product once it finally comes out of the ground. Also, they do not want to be making monthly payments on construction loans at rates which are not advantageous so they will typically ask for extensions such as this, provided the State Legislator does not do it for them. Council Member Luebben stated that he feels that the City Council should approve this item but asked what would happen if City Council did not pass the request. The Director of Community Development stated should the City Council deny the extension request, it would cost the City a lot more time and effort. Council Member Bailey asked if the entitlements transfer with the property should the developer sell it. The Director of Community Development stated that the entitlements would transfer with the property. It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City Council adopt the Resolutions by title only, approving the extension of Conditional Use Permit No. 2007-11 and Variance No. 2007-07 (until August 27, 2009), subject to the original 68 conditions attached in Exhibit "A" of the Resolutions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills RESOLUTION NO. 6120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO.2007-11 -WITH CONDITIONS. RESOLUTION NO. 6121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF VARIANCE NO.2007-07 -WITH CONDITIONS. 8 ~2z CITY COUNCIL MINUTES OCTOBER 27, 2008 Recreation and Park District Matters: Regarding Item No. 13: AWARD OF A PROFESSIONAL CONSULTING SERVICES AGREEMENT FOR A RECREATION INFRASTRUCTURE STUDY, Council Member Narain asked what the consulting services would be providing in relation to evaluation of 16 City parks and why City employees are not able to conduct the park evaluations. The Director of Recreation and Community Services responded that the consulting services include the evaluation of 16 City parks along with the Civic Center Green and seven restroom buildings. The average evaluation per structure is approximately $3,500. Staff feels that the consulting services would provide amulti-disciplinary approach to evaluating the City's amenities. She informed of the seven major areas to inventory for potential future capital projects and capital improvements. Jim Pickel, Principal of MIG Inc., stated that the infrastructure studies for the City act as a road map by which the City Council and governing body consider the replacement of park amenities within the next 10 year period. Council Member Narain asked how staff has evaluated park amenities in the past. The Director of Recreation and Community Services stated that this will allow staff to proceed in a proactive basis, with a minimum 10 year period. Council Member Bailey commented that the City Council has discussed park issues and their usage and asked to what extent the consulting services will provide answers as to the future need for community parks. Mr. Pickel responded that a Park Master Plan would provide a road map for future park needs. Council Member Bailey asked if the City has looked into conducting a comprehensive plan and how future needs should be considered. The Director of Recreation and Community Services stated that as part of the City's General Plan a component of the recreation park system is included. At this time, the existing park amenities will be evaluated, without a design change, but could be considered in the future. Council Member Bailey asked if the item should be continued in order to include a comprehensive plan. The Director of Recreation and Community Services suggested that the City Council move forward with this scope of services. The City Manager stated that this study will complete the recreational aspect of the analysis of the City's master plan process. Council Member Luebben stated these are two different issues and there is a limit as to what can be done with the numerous neighborhood parks in the City. Council Member Luebben asked about the cost for a comprehensive plan. Mr. Pickel stated that the comprehensive plan would cost approximately $150,000 to $250,000. Council Member Luebben asked how the consulting firm was chosen for this study. The Public Works Director stated that the consulting firm was selected by advertising in a consultant selection newsletter with a quality based selection process. The Director of Recreation and Community Services stated that there is a prior working relationship with Mr. Pickel and his firm in that they assisted with the design of the Arnold/Cypress Park roller hockey rink. s 223 CITY COUNCIL MINUTES OCTOBER 27, 2008 Council Member Narain stated that he agrees with Council Member Bailey in that at some point consideration should be given for a comprehensive plan for the City parks. It was moved by Council Member Narain and seconded by Mayor Seymore, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Award a professional consulting services contract for preparation of a Recreation Infrastructure Study to MIG, in the amount of $86,100; and 2) Appropriate $86,100 from the unrestricted fund balance of the Recreation and Park District Unreserved General Fund to Account No. 4189-12-301-10. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS: No items. 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 Chair Seymore and seconded by Agency Member Luebben, that the Redevelopment Agency approve Consent Calendar Item No. 14. The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Bailey, Luebben, Narain, and Seymore NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Mills Item No. 14: JOINT ITEM TO CONSIDER APPROVAL OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE 12 FOOT DEEP STRIP OF STREET FRONTAGE ON THE PROPERTY LOCATED AT 8941-8951 WALKER STREET. Recommendation: That the Cypress City Council and Redevelopment Agency Board: 1) Adopt the Cypress Redevelopment Agency Resolution by title only, approving the Agency's payment of the acquisition costs for the City of Cypress' acquisition of certain real property for the Walker Street right-of-way; and 2) Adopt the Cypress City Council Resolution by title only, consenting to the payment by the Cypress Redevelopment Agency of the acquisition costs for and approving a purchase and sale agreement between the City and Jose M. and Lucy Rosales for the City's acquisition of certain real property for the Walker Street right-of-way; and 3) Approve an appropriation from the unreserved fund balance of the Special Gas Tax 2106 Fund in the amount of $400,000 to account number 4176-22-493-21 (Land Acquisition); and 4) Approve the transfer of $400,000 from the Lincoln Avenue Redevelopment Fund (2200-37) to the Special Gas Tax 2106 Fund (1200-22). 10 224 CITY COUNCIL MINUTES OCTOBER 27, 2008 RESOLUTION NO. CRA - 132 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING THE AGENCY'S PAYMENT OF THE ACQUISITION COSTS FOR THE CITY OF CYPRESS' ACQUISITION OF CERTAIN REAL PROPERTY FOR THE WALKER STREET RIGHT-OF-WAY. RESOLUTION NO. 6123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO THE PAYMENT BY THE CYPRESS REDEVELOPMENT AGENCY OF THE ACQUISITION COSTS FOR AND APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND JOSE M. AND LUCY ROSALES FOR THE CITY'S ACQUISITION OF CERTAIN REAL PROPERTY FOR THE WALKER STREET RIGHT-OF-WAY. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Council Member Narain: Attended a Cypress Chamber of Commerce breakfast meeting. Attended a workshop at the O.C. Sanitation District. Attended an O.C. League of California Cities breakfast. Attended a job fair event in Garden Grove organized by Senator Lou Correa. Attended the Red Ribbon Week kick-off breakfast. Council Member Bailey: Attended a community meeting hosted by Assemblyman Jim Silva. Attended the Halloween Haunt at the Los Alamitos Race Track. Announced the upcoming Boys & Girls Club of Cypress' Stand Up for Kids fundraiser stating that the City of Cypress will be recognized with a "Service to the Youth Award." Council Member Luebben: Attended an O.C. Sanitation District Strategic Planning meeting. Attended the Friday Night Lights flag football in Los Alamitos. Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting. Attended an inspection trip at the State Water District. Attended the Red Ribbon Week kick-off breakfast. Discussed a newspaper article regarding the AT&T U-Verse. Mavor Sevmore: Attended a community meeting hosted by Assemblyman Jim Silva. Attended a Cypress Chamber of Commerce mixer at Alandale Insurance. Attended an O.C. Fire Authority Board meeting. Attended the Wings, Wheels and Rotors event at the Joint Forces Training Base. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY MANAGER: No itemso 11 - 1 225 CITY COUNCIL MINUTES OCTOBER 27, 2008 ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:33 p.m. to Monday, November 10, 2008, beginning at 5:30 p.m. in the Executive Bo d Room. ~ / MAYOR OF THE CITY O CYPRESS ATTEST: I CITY CLERK OF THE CITY OF CYPRESS 12