Minutes 2012-09-24422
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.
CITY COUNCIL MINUTES SEPTEMBER 24, 2012
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.
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CITY COUNCIL MINUTES SEPTEMBER 24, 2012
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
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CITY COUNCIL MINUTES SEPTEMBER 24, 2012 425
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.
PER SPEAKER, SPEAKING ONCE.)
Mayor Bailey asked anyone who wished to speak on any topic
meeting Agenda to come forward.
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(THREE MINUTES
not included on the
CITY COUNCIL MINUTES SEPTEMBER 24, 2012 426
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
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CITY COUNCIL MINUTES SEPTEMBER 24, 2012
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 MATTERS:
The 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.
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CITY COUNCIL MINUTES
Council Member Mills:
SEPTEMBER 24, 2012 428
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.
Manor 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.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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