CRA 2011-03-08MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS REDEVELOPMENT AGENCY
HELD
March 8, 2011
The adjourned regular meeting of the Cypress City Council was called to order at 12:01 p.m.
by Mayor Mills in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor /Agency Chair Leroy Mills
Mayor Pro Tem /Agency Vice Chair Todd Seymore
Council /Agency Board Member Doug Bailey
Council /Agency Board Member Prakash Narain
Members absent:
Council /Agency Board Member Phil Luebben
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Agency Counsel Dan Slater
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Public Works Director Doug Dancs
Redevelopment Project Manager Steve Clarke
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS (1 -5):
Item No. 1: CONSIDERATION OF A RESOLUTION OF THE CYPRESS
REDEVELOPMENT AGENCY APPROVING A FUNDING AGREEMENT BY AND
BETWEEN THE AGENCY AND THE CITY OF CYPRESS, AND MAKING THE FINDINGS
REQUIRED BY HEALTH SAFETY CODE SECTION 33445, FOR AGENCY FUNDING OF
THE LINCOLN AVENUE SEWER PROJECT.
Agency Member Bailey asked if the effective date of the bill would be July 1, 2011, or
immediately.
Agency Counsel replied that if the bill is adopted by a two thirds vote, it would be effective
immediately upon the Governor's signature. He indicated that there are provisions in the bill
that would not be in effect until July 1, 2011, including deeming redevelopment agencies
eliminated. He stated that if the bill is adopted by a majority vote then it would either be
effective on the 91 day after the adjournment of the special session or January 1, 2012.
It was moved by Agency Vice Chair Seymore and seconded by Agency Member Narain, that
the Cypress Redevelopment Agency adopt the Resolution by title only, approving a funding
agreement by and between the Agency and the City of Cypress, and making the findings
required by Health Safety Code Section 33445, for Agency funding of the Lincoln Avenue
Sewer Project.
The motion was carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Luebben
CITY COUNCIL MINUTES MARCH 8, 2011
RESOLUTION NO. CRA -136
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY,
APPROVING A FUNDING AGREEMENT BY AND BETWEEN THE
AGENCY AND THE CITY OF CYPRESS, AND MAKING THE
FINDINGS REQUIRED BY HEALTH SAFETY CODE SECTION
33445, FOR AGENCY FUNDING OF THE LINCOLN AVENUE
SEWER PROJECT.
Item No. 2: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS APPROVING A FUNDING AGREEMENT BY AND BETWEEN THE
CITY AND THE CYPRESS REDEVELOPMENT AGENCY, AND MAKING THE FINDINGS
REQUIRED BY HEALTH SAFETY CODE SECTION 33445, FOR AGENCY FUNDING OF
THE LINCOLN AVENUE SEWER PROJECT.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, that the
City Council adopt the Resolution by title only, approving a funding agreement by and between
the City and the Cypress Redevelopment Agency, and making the findings required by Health
Safety Code Section 33445, for Agency funding of the Lincoln Avenue Sewer Project.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
RESOLUTION NO. 6238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A FUNDING AGREEMENT BY AND BETWEEN THE
CITY AND THE CYPRESS REDEVELOPMENT AGENCY, AND MAKING
THE FINDINGS REQUIRED BY HEALTH SAFETY CODE SECTION
33445, FOR AGENCY FUNDING OF THE LINCOLN AVENUE
SEWER PROJECT.
Item No. 3: MAKE A DETERMINATION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, SITTING AS THE PLANNING AGENCY OF THE CITY OF CYPRESS,
PURSUANT TO GOVERNMENT CODE SECTION 65402, THAT THE PROPOSED
ACQUISITION BY THE CITY OF CYPRESS OF 13.329 ACRES AT THE NW CORNER OF
WINNERS CIRCLE AND KATELLA AVENUE IN THE CITY OF CYPRESS, IS CONSISTENT
WITH THE CITY'S GENERAL PLAN, IN THAT NO CHANGE OF GENERAL PLAN
DESIGNATION SHALL OCCUR WITH THE CONVEYANCE OF THE PROPERTY.
It was moved by Mayor Pro Tem Seymore and seconded by Mayor Mills, that the City
Council, sitting as the Planning Agency of the City of Cypress, make a determination, pursuant
to Government Code Section 65402, that the proposed acquisition by the City of Cypress of
13.329 acres at the NW corner of Winners Circle and Katella Avenue in the City of Cypress, is
consistent with the City's General Plan, in that no change of General Plan designation shall
occur with the conveyance of the property.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Item No. 4: APPROVAL BY THE CYPRESS REDEVELOPMENT AGENCY OF A
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS FOR THE CONVEYANCE BY
THE AGENCY TO THE CITY OF THE 13.329 ACRE PARCEL AT THE NW CORNER OF
WINNERS CIRCLE AND KATELLA AVENUE, AND AUTHORIZATION TO THE EXECUTIVE
DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT THE
CONVEYANCE BY THE AGENCY.
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CITY COUNCIL MINUTES MARCH 8, 2011
Agency Member Narain asked about the price for property.
Agency Counsel stated that the property price is $11.9 million for the 13 acre parcel subject
to a future evaluation.
Agency Member Bailey asked if this action would reduce the Agency's note to the City.
Agency Counsel responded in the affirmative.
The Assistant City Manager /Director of Finance and Administrative Services stated that the
note allows for a reduction in principal if the land is sold.
Agency Member Narain asked if the Redevelopment Agency would still owe the City money.
The Assistant City Manager /Director of Finance and Administrative Services replied that the
Redevelopment Agency would owe the City $30 million, however, the note is not tied directly
to the land. He informed that the Redevelopment Agency would use the money received
from the sale of the land to pay off the note.
It was moved by Agency Member Narain and seconded by Agency Vice Chair Seymore, that
the Cypress Redevelopment Agency approve a Purchase and Sale Agreement by and
between the Cypress Redevelopment Agency and the City of Cypress for the conveyance by
the Agency to the City of the 13.329 acre parcel at the NW corner of Winners Circle and
Katella Avenue, and authorization to the Executive Director to execute all documents
necessary to effect the conveyance by the Agency.
The motion was carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Luebben
Item No. 5: APPROVAL BY THE CITY COUNCIL OF THE CITY OF CYPRESS OF A
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS FOR THE CONVEYANCE BY
THE AGENCY TO THE CITY OF THE 13.329 ACRE PARCEL AT THE NW CORNER OF
WINNERS CIRCLE AND KATELLA AVENUE, AND AUTHORIZATION TO THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT THE
CONVEYANCE TO THE CITY.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey, that the
City Council approve a Purchase and Sale Agreement by and between the Cypress
Redevelopment Agency and the City of Cypress for the conveyance by the Agency to the
City of the 13.329 acre parcel at the NW corner of Winners Circle and Katella Avenue, and
authorization to the City Manager to execute all documents necessary to effect the
conveyance to the City.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Council Member Narain asked about the timeline for the City to receive the $30 million from
the Redevelopment Agency.
The Assistant City Manager /Director of Finance and Administrative Services stated that
according to the debt schedule the monies would be due June 30, 2012.
Agency Counsel suggested that when the debt schedule date approaches that the City
submit a demand to the County Auditor Controller for a $30 million check and if it is not
received, appropriate action be taken.
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CITY COUNCIL MINUTES MARCH 8, 2011
Agency Counsel stated that the oversight board that is created would approve the list of
debts.
Council Member Narain asked who originally purchased the 13 acre property.
The Director of Community Development responded that the Redevelopment Agency
purchased the property with money from a note from the City.
ADJOURNMENT: Mayor Mills adjourned the meeting at 12:35 p.m., to Monday, March 14,
2011, beginning at 5:30 p.m. in the Executive Board o 5275 0 nge Avenue, Cypress,
California.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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MA F THE CITY OF CYPRESS