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Minutes 78-06-29MINUTES OF AN ADJOURNED REGULAR MEETING OF TttE CYPRESS CITY COUNCIL HELD June 29, 1978 47 The adjourned regular meeting of the Cypress City Council was called to order at 6:20 p.m. on Thursday, dune 29, 1978 in the Administrative Conference Room of the Cypress City Iia11, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Councilmembers Evans Lacayo, Rowan and Iludson Councilwoman Macl,ain Also present were Darrell Essex, City Manager/City Clerk, Art Schatzeder, Public Works Director, and Lee Powell, Finance Officer. CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF FINAl, PARCEl, MAP PM 78-1, CITY PROJECT NO. 7850-10 (NORTItEAST CORNER, VALIAEY V[EK/ KA'I'EI. LA): This matter was continued from the June 26 Council meeting. The Public Works Director reported that he contacted the developer/property owner pursuant to the Council's direction and the developer indicated that since he had been out of the developing business for some time it was easier for him to submit tbe letter oE credit than to post the bonds to guarantee construction of the public improvements. He reported the City Attorney had no ohjec lions to accepting the letter of credit instead of the bonds and the City Attorney would prepare the necessary Code cbange to acceptance of letters of credit in lieu of the t-'aithfu[ Performance and I,abor and Materials bonds normally required. Mr. '~cbatzeder reported that the $625,000 that would be established by the letter of credit is a cash deposit that would be awiilable to the City if there is any default in the performance of work. The is the estimated cost of the off-site improvements on Katel la Avenue and Valley View as well as the on-site improvements such as storm drains, sewers and street work on-site. The City Attorney rectum mended that, in addition to approving the final parcel map, the Council should forma]ly accept the letter of credit amountiag t~ ~,~625,000 in lieu of the Faithful Performance and L:~bor and Hatcp~,~l~ Bonds to guarantee construction of the required improvements, Thc City Manager stated that the $625,000 covers 100!',, of the esl'i mated cost of improvements and the City would have the full cash avaiIable at ail times and that staff was satisfied with the lotto, of credit guarantee. Tho Public l~/orks Director stated a letter of credit to guarantee public improvements is allowable for condi- tional use permits and variances and would not constitnte a special privi lego for this particular developer. (?O/INCII,WOMAN MACLAIN ARRIVED AT 6:25 P.M. It was moved by Councilman Rowan, seconded by Councilwoman Macl,ain and unanimously carried to accept Final Parcel Map PM-78-1 , City Project #7850-10, accept the letter of credit in the amount of $625,q00 subject to modification of the City Code to formalize the procedure, and authorize the City Clerk to sign the record map. CONSIDERATION OF SECOND READING OF ORDINANCE REI,ATING TO ADMISSION 'FAXES: It was moved by Councilwoman MacLain, seconded hy Council- man Rowan and unanimously carried to order the following Ordinance read by t~tle only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COtJNCIL OF THE CITY OF CYPRESS AMENDING SECTION 26-11 OF THE CODE OF SAID CITY RELATING TO ADMISSION TAXES. City Council Minntes Jone 29, 1978 48 CONSIDERATION OE SECOND READING OF ORDINANCE RE: ESTABLISItMENT OF AN ELECTRICAL ENERGY USERS TAX: Councilman Lacayo reported he received several inquiries about the proposed ordinance, lie re- quested that staff send out a press release describing the ord- inance and indicating that it is proposed to go into effect on November l, 1978 and that the Counci 1 plans to review the ordin~nce at their First meeting of October before its implementatiou. stated the same applies to the business license tax ordinance which the Council proposes to implement on July l, 1979 subject to Council review at their June, 1979 meeting, tte stated the ordinances were adopted prior to July 1, 1978 because of the Proposition I3 deadline. Councilman Lacayo recommended that the Council hold a public hearing to consider both ordinances prior to their implementation. It wa~ moved by Councilman Rowan, seconded by Councilwoman Hacl.ain and uaanimously carried to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 627 AN ORDINANCE OF TIlE CITY COUNCIL OP THE CITY OF CYPRESS ADDING ARTICLE VI TO CtlAPTER 26 OF TIlE CODE OF SAID CITY ESTABhISHING AN ELECTRICAL ENERGY lJSERS TAX. CONSII)ERATION OF SECOND READING OF ORDINANCE REI,ATING TO B[ISINESS !,]CENSE TAX: [t was moved by Councilman Rowan, seconded hy Council- woman Macl,ain and unanimously carried to order the following Ord- inance read by title only, title as follows, and to adopt tine Ordinance: ORDINANCE NO. 628 AN ORDINANCE OF THE CITY COUNCIL OF TltE CITY OF CYPRESS AMENDING ARTICLE I, CIIAPTER 15 OF 'PILE CYPRESS CITY CODE PERTAINING TO TAXING 'File TRANSACTION AND CARRYING ON OF BDSINESSES, PRADES, PROFESSIONS, CALLINGS AND OCCDPATIONS IN Tit)! CITY OF CYPRESS FOR TIlE PURPOSE OF RAISING MUNICIPAL REVENUE. Mr. Jim Maylor, president of the Cypress Chamber of Commerce, aske,I that the Chamber be given an opportunity to meet with the City Council prier to implementing the business license tax nrdinal/ce. 'Ihe Council indicated that this was their intent. Councilman Lacayo stated he supported adoption of the ordinance hased on the fact that the Council would review it with the Chamber before it is implemented. Ite stated the Council has the option of revising or repealing the ordinance, and the taxing amounts cnn he decreased but cannot be increased. Mr. Robert Simmons, 9882 Newport Way, Cypress, felt the (7ounci! and Chamber previously had agreed to review the ordinance before it was adopted. Mayor Itudson pointed out that the ordinance will go into effect a year from now and there will be time for review in the interim. MAYOR HIJDSON LEFT TIlE MEETING AT 6:50 P.M. ADJOIJRNMENT: Mayor to Wednesday, July Cypress City ttaI1. ATTEST: Pro Tem Rowan adjourned the meeting at 6:51 5 at 7:00 p.m in the Employees' I.ounge of the F THE/CITY OF CYPRES~ / CITY CLERK OF TIlE L>~TY OF CYPRESS-