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Minutes 79-10-22lllNUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 22, 1979 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, October 22, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Howard Rowan presiding. PRESENT: ABSENT: Councilmembers Evans, Lacayo and Rowan Councilmembers Hudson and MacLain Also present were Dennis Davenport, Acting City Manager, John Murphy, City Attorney, and the following City staff members: DeCarlo, Duke, Lamm, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Davenport led the pledge of allegiance. ORAL CO~IUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. PRESENTATION: Mr. A1 Witt of the Automobile Club of Southern California presented Mayor Rowan with a plaque commending the City of Cypress for its record of no traffic fatalities in 1978. Mr. Witt stated this is the second time in the past six years that Cypress has won the award~ STAFF REPORTS & DISCUSSION: Mr. Davenport requested an Executive Session to disc~ss matters of litigation. At his request, Mayor Rowan added Item 18a to the Consent Calendar regarding a resolution of commendation for Eagle Scout Robert Louis Wise. COUNCILWOMAN MACLAIN ARRIVED AT 6:37 P.M. Hearing no objections, Mayor Rowan also added Item #27 to the agenda regarding a proposed addition to the Orange County League By Laws, and Item #28 regarding vehicle storage on single-family lots. EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 6:39 p.m. for matters of litigation. The meeting was called back to order at 7:07 p.m. with Councilman Hudson absent. PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - CYPRESS INN~ 5731 LINCOLN AVENUE~ CYPRESS: Mr. Davenport presented a report dated October 18 describing the application to allow a two or three piece band to entertain on the premises and to allow dancing by the patrons during the hours of 8:00 p.m. and 1:00 a.m. at the Cypress Inn. The Police Department investigation found no basis to deny granting of the permit.. Mayor Rowan opened the hearing and asked if the applicant wished to speak. Mr. Jay Hoerer, owner of Cypress Inn, reported no dancing is proposed or allowed on the premises. He reported the band would perform evenings only and perhaps on Sunday only during the day, from approximately 1:00 to 6:00 p.m. He reported no amplification system would be used for the music, and he felt the music would be quieter than the present juke box. Mr. Hoerer reported there is sufficient parking and lighting of the parking area in front of the building. He reported at the rear of the building there are 20 parking spaces and an 80 foot wide paved and grass area with a wall separating the apartments to the north. He reported there is a front and rear entrance to his business. Mayor Rowan asked if anyone wished to speak in favor of the application. No one wished to speak in support. He asked if anyone wished to speak in opposition. Mr. Taylor, 5712 Danny, Cypress, stated he lives to the rear of Cypress Inn and there is a lot of noise in the area. He reported the apartments create a lot of noise and he has heard the juke box on occasions. He stated a restriction against amplified music would be acceptable. City Council Minutes October 22, 1979 Mayor Rowan stated for the record that he received a communication from Mr. Ray Noch who was unable to be present and who objected to the application for a live entertainment permit. Mr. Hoerer stated his business is small and amplified equipment would be imprac- tical. He agreed to a stipulation that there would be no amplifying equipment. He reported a noise problem has existed in the area for the past month and he did not feel the noise was generated from the bar patrons or from the parking lot. Mr. Hoerer reported the rear door allows access for patrons and it may be open at times for ventilation or exiting. Councilwoman Evans felt the open door may create a noise problem and she suggested including a condition that the rear door remain closed but accessible to patrons. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to close the public hearing and approve the live entertainment permit for the Cypress Inn to allow entertainment during hours of 8:00 p.m. to 1:00 a.m. and on Sunday from 1:00 to 6:00 p.m., subject to the conditions that there be no electrical amplification system for the music and that the rear door remain closed but accessible during the time of the entertainment. The motion unanimously carried bV the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-12, REQUESTED BY 32ND DISTRICT AGRIC~,TURAL ASSOCIATION FOR THE ORANGE COUNTY FAIR AT THE LOS ALAMITOS RACE 389 CpURSE: The Planning Director presented a report dated October 22 describing the application to conduct the 1979 Fall Fair at the Los Alamitos Race Course from November 7 through 22. Mr. Lamm reported that the original plot plan sub- mitted by the applicant was inadequate and they submitted a more descriptive plot plan today. He indicated that the applicant will be required to submit additional information prior to the fair's opening which addresses the problems ~m~ ~'oncerns which were evident with last year's fair. Staff recommended approval of the use permit for 1979 only, subject to 12 conditions. Mayor Rowan opened the public hearing and asked if the applicant wished to speak. Mr. Ken Fulk, secretary-treasurer for the 32nd District Agricultural Association, stated they are a state agency with responsibility for conducting the Orange County Fair at Costa Mesa and the Fall Fair in Los Alamitos. He thanked the Council for their assistance in gaining the 14 days of thoroughbred racing this year. He reported the Association would be paying the City thirty-five cents per paid admission to the races as a service fee since they cannot collect taxes for the City. Mr. Fulk stated he read the staff report and the applicant will try to meet all conditions to the best of their ability. With regard to the prohibition against persons staying overnight on the premises, Mr. Fulk reported it is cus- tomary for the carnival owner/manager to remain on the property at night for control purposes. He indicated that a specific area could be designated for his trailer, perhaps on the north end of the parking lot where there is a water line and sewer outlets. The Planning Director reported that Condition #5 pro- hibiting persons from occupying the premises overnight was a recommendation of the County Health Department due to the inadequate disposal of waste materials frem campers and recreational vehicles that occurred at last year's fair. Chief Duke indicated he had no objection to the manager remaining overnight in an adequately equipped motor home, but he recommended that other employees not be allowed to set up housekeeping on the grounds since this adds to the policing problem. The Chief specifically objected to persons sleeping in cars, tents, roll-away beds and sleeping bags and to the lack of sewage disposal facilities. Councilman Lacayo asked that staff suggest a condition which would allow the overnight occupation of the premises by the carnival manager only in a specific area. The City Attorney suggested a modification to Condition #5 to state: "Fair and carnival vendors, exhibitors and employees of the carnival are pro- hibited from occupying the premises overnight except in areas specifically designated for overnight occupancy by the Chief of Police and Planning Director and, even within those designated areas, they are prohibited from occupying the premises overnight except in recreational vehicles which meet Health Department standards for waste disposal." The City Attorney reported that representatives -2- · ~C~ty~cil~ Minutes October 22, 1979 of the Fair Board executive committee had expressed a desire for the provision of overnight accommodation of individuals as long as health considerations could be addressed. Mr. Fulk expressed concurrence with the modification to Condition #5. He indicated they proposed to provide camping facilities at the Costa Mesa site for carnival employees. Mr. Fulk asked to be notified by the City of any violations which occur with respect to the conduct of the fair. Councilwoman Evans inquired about Item A in the staff report regarding the inadequate disposal of wastewater from food vendors and on-site recreational vehicles in the parking area which occurred last year and the recommendation of the Health Department to install permanent water and sewage disposal facili- ties. Mr. Fulk stated such facilities were installed but no permanent facilities are available to food vendors since the applicant has not determined a layout for the fair on a permanent basis for future years. He reported that pumping trucks will be operating on a regular basis, twice daily. The Planning Director stated there were no permanent facilities for the food vendors and therefore compliance with Condition #7 will be necessary to satisfy Health Department concerns. Mr. Fulk stated the applicant will attempt to comply with staff's requests with regard to next year's fair, such as filing the use permit applica- tion and accurate plot plan in a timely manner. Mayor Rowan asked if anyone wished to speak in support of the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated Cypress has many recrea- tional vehicles and they are becoming more popular and there is no public dumping station for them in the area. He suggested that one be placed at the fair site since a dumping site will be needed for the fair year after year. Mayor Rowan asked if anyone wished to speak in opposition to the application. Mr. Jim Young, 5120 Laurel, Cypress, stated he objected to the carnival because of the amount of noise generated at night and on weekends which appears to come from the parking lot and carnival. He stated his home backs up to the race track and last year he and several neighbors complained to the Police Department the noise. He asked that the applicant and Police Department find ways to con- trol the noise. Mr. Fulk stated that they received no complaints about noise last year. Ne reported that entertainment tbis year will be in large tents which should help minimize noise. He requested that persons report the noise when it occurs which would help to identify the noise sources and he provided their phone number at the race track: 995-1234. Councilwoman MacLain suggested that the entertainment be ]aid out so that sound ±s directed away from residences. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #79-12 subject to the conditions recom- mended by staff including the modification to Condition #5 as recommended by the City Attorney: RESOLUTION NO. 2142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-12 - WITH C()NDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-13, CHINESE MANDARIN RESTAURANT, 9927 WALKER STREET: Mr. Davenport presented a report from the Planning Director dated October 15 describing the application to allow the on-site sale of alcoholic beverages (beer and wine only) at the Chinese Mandarin Restaurant, located in the CG-10,000 Commercial General Zone, at the northwest corner of Ball Road and Walker Street. Staff recommended approval of the use permit subject to two conditions. Mayor Rowan opened the hearing and asked if the applicant wished to speak. -3- City Council Minutes October 22, 1979 391 Mr. Robert Fan, the applicant, reported the restaurant is open from 11:00 a.m. to ]1:00 p.m. and they wish to sell alcohol to improve their service. He reported there will be no entertainment. Mayor Rowan asked if anyone wished to speak in support or in opposition to the application. No one wisbed to speak in favor or in opposition. It was moved by Councilman Lacayo and seconded by Councilwoman MacLatn to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-13 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-14, CONTRACTOR'S EQUIPMENT YARD~ 5312 CYPRESS STREET: The Planning Director presented a report dated October 18 describing the application to establish a Paving Contractor's equipment storage yard in the CH-lO,000 Commercial Heavy/Lincoln Avenue Combining Zone. Staff t-ecommended approval of the application subject to 17 conditions. Mayor Rowan opened the public hearing and asked if the applicant wished to speak. Mr. Don Creg, Pavement Coatings Company, 10431 Beach, Stanton, California, reported that the flour milling business presently operating on the property will he removed. He reported that the company's conditional use permit in the City of Stanton was not renewed, and the only objection to their business was from a beauty shop located next door. Mayor Rowan asked if anyone wished to speak Jn support or in opposition to the application. There was no one who wished to speak in favor or in opposition. Mr. Creg stated the applicant read the staff report and agreed witb all conditions. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and adopt the following Resolution by t~tle only, title as follows, approving Conditional Use Permit #79-14 subject to the conditions recommended by the staff: RESOLUTION NO. 2144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-14 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson RECESS: Mayor Rowan called a recess at 8:25 p.m. The meeting was called back to order at 8:30 p.m. with Councilman Hudson absent. CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENTS OF HOLDER STREET AT S.P.R.R. CROSSING BETWEEN CERRITOS AVENUE AND KATELLA AVENUE, CITY OF CYPRESS PROJECT NO. 7844-90-0993: Mr. Davenport presented a report from the Public Works Director dated October 17 which outlined three bids received for the project. The construction cost of the project will be 50% funded by the City of Cypress (2]06 funds) and 50% funded with Orange County (AHFP) funds. -4- City Council Minutes October 22, 1979 I~ w~s moved by Councilman Lacayo and seconded by Councilwoman MacLain to determine that the lowest responsible bidder for Project #7844-90-0993 is Sully- Miller Contracting Company, P.O. Box 432, Orange, California, and award them the contract for the Holder Street S.P.R.R. Crossing in the amount of $28,615.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson CONSENT CALENDAR: Mayor Rowan announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendations regarding each item. Hearing no objections, Mayor Rowan added Item #18b to the Consent Calendar concerning an agreement between the City and 32nd District Agricultural Association for the Fall Fair; and Item #18c regarding Resolutions of Commendation for Eagle Scouts Greg and Paul Prevost. Mayor Rowan requested the removal of Item #i5 from the Consent Calendar. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, requested the removal of Item #4 from the Consent Calendar for separate discussion. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve Items #3 through #18c on the Consent Calendar with the exception of Items #4 and #15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson Item #3: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title Only, and to Waive Further Reading. Item #5: Consideration of Adopting Rules and Regulations for Ambulance Equip- ment, Vehicles, Personnel and Standards of Dispatch. Recommendation: That the City Council adopt the proposed Orange County Health Officer's Rules and Regulations for Ambulance equipment, vehicles, personnel and standards of dispatch. Item #6: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring Weeds and Assessment for Weed and Rubbish Abatement for Phase I for the 1979-80 Program. Recommendation: That the City Council: (1) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; and (2) adopt the following Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels shown on Exhibit "A": RESOLUTION NO. 2145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item #7: Consideration of a Claim Filed by Mr. Gary Helseth On Behalf Of Mr. Allen Helseth. Recommendation: That the City Council officially deny the subject claim and refer it to the City's claim adjuster, Carl Warren & Company, for appropriate disposition. Item #8: Consideration of Application for Transfer of Type "42" On Sale Beer and Wine Alcoholic Beverage License Filed by Mr. Paul Edward McNamara and Mrs. Sharon Lee McNamara, DBA Foxy Filly, 10461 Denni Street, Cypress. Recommendation: Receive and file. -5- C~tv Council Minutes October 22, 1979 Item #9: ConMderation of Establishment of "No Parking" Area on lincoln Avenue, South Side, West of Moody Street. Recommendation: That the C~ty Council adopt the following Resolution by title only, title as follows, establishing the "No Parking" area as described in the staff report: RESOLUTION NO. 2146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS. Item #10: Consideration of City Council Newsletter for the Winter 1979 Recrea- tion and Park District Activities Brochure. Recommendation: That the City Council accept the newsletter article as submitted~ Item #11: Consideration of a Request from the Camp Fire Girls of Orange County to Conduct a Fund Raising Drive in the City of Cypress. ~ecommendation: That the City Council grant the request of the Orange County Council of Camp Fire Girls to conduct a candy sale in t~e City of Cypress fr~m January 23, 1980 through February 20, 1980, and that they be granted an exemption from a Special Permit pursuant to Section 15-57 A(1)(b) of the City Code. Item #12: Consideration of a Request from Cypress Boy Scout Troop #670 to Utilize the Cypress City Council Chambers on December 8, 1979 at 3:00 p.m. for an Eagle Scout Court of Honor. Recommendation: That tbe Mayor and City Council approve the request of Cypress Boy Scout Troop #670 for the use of the Council Chambers on December 8, 1979 between the hours of 3:00 p.m. and 5:00 p.m., subject to the condition that the organization be required to pay for any additional cost incurred to provide maintenance and utility services. ~em~i_~_: Consideration of Federal Housing and Community Development Block Grant F~nds (HCD) - Public Improvements and Housing Rehabilitation. Recommendation: That the City Council: (1) sdopt the following Resolution by title only, title as follows; and (2) authorize the Mayor to sign the necessary agreements between the City of Cypress and the County of Orange regarding the ~bove programs: RESOLUTION NO. 2147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION WITH THE COUNTY OF ORANGE IN THE SUPPLEMENTAL HOUSING AND COMM]JNITY DEVELOPMENT BLOCK GRANT FUNDING AND IN THE COUNTY ADMINISTERED HOUSING REHABILITATION PROGRAM. ltem #14: Consideration of New 1980 Winter Programs. Recommendation: That the City Council, acting as the ex off~cio Board of Direc- tors of the Cypress Recreation & Park District, approve the new 1980 winter program classes and revisions at the recommended fees as outlined in the staff report. Item #16: Consideration of Authorization to Employ a Recreation Specialist II. Recommendation: That the City Council, acting as the ex officio Board of Direc- tors of the Cypress Recreation & Park District, authorize the City Manager to employ a Recreation Specialist II at salary range 18 ($982-1196) in the Cypress Recreation & Park District. Item #17: Consideration of a Resolution Requesting the California Horse Racing Board to Approve tha Fonrteen Authorized Thoroughbred Racing Days for the Orange County Fair at the Los Alamitos R~ce Course in 1980. -6- City Co~'~ Minutes October 22, 1979 Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE CALIFORNIA HORSE RACING BOARD TO APPROVE ~{E FOURTEEN AUTHORIZED THOROUGHBRED RACING DAYS FOR THE ORANGE COUNTY FAIR AT THE LOS ALAMITOS RACE COURSE IN 1980. Item #18: Consideration of Resolution of Commendation Honoring Mr. A. H. "Bill" Gallardo. Recommendation: That the City Council adopt the fol]owing Resolution by title only, title as follows, honoring Mr. A. H. "B~ll" Ga]lardo for his service and efforts in Orange County: RESOLUTION NO. 2149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS HONORING MR. A. H. "BILL" GALLARDO. Item #18a: Consideration of Resolution Commending Boy Scout Robert Louis Wise on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2]50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COM}~ENDING BOY SCOUT ROBERT LOUIS WISE ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #18b: Consideration of Agreement Between the City of Cypress and 32nd District Agricultural Association for the Orange County Fall Fair and Waiving Admission Taxes. Recommendation: That the City Council adopt the fo]lowing Resolution by title on]y, title as follows, and authorize the Mayor to execute the subject Agreement: RESOLUTION NO. 2151 A ~ESOLUTION OF THE cITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AGREEMENT WITH THE 32ND DISTRICT AGRICULTURAL ASSOCIATION AND WAIVING ADMISSION TAXES. Item ~18c: Consideration of Resolutions Commending Boy Scouts Paul and Greg Prevost on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolutions by title on]y, titles as follows: RESOLUTION NO. 2152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT PAUL PREVOST ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYFRESS CO. ENDING BOY SCOUT GREG PREVOST ON ACHIEVING THE RANK OF EAGLE SCOUT. In regard to Item #15, Consideration of a Resolution Urging a County-Wide Restriction on the Sale of Fireworks, Mayor Rowan reported that the City's proposed resolution urging the restriction of the sale of fireworks to a 24-hour -7- City Council Minutes October 22, 1979 395 period was presented at the last Mayors' meeting where it received unanimous non support. Councilman Lacayo recommended that the Resolution be transmitted to all groups which were issued fireworks permits seeking their input on the proposed restriction. Councilwoman Evans felt the response from such groups would be non-objective since fireworks stands are revenue raisers and she recom- mended that the City's resolution be considered by the Orange County League to seek support from other cities and create pressure County-wide. She also suggested that the organizations issued fireworks permits should consider alternatives such as selling tickets to one fireworks display. Councilwoman MacLsin agreed with transmitting the resolution through the League but felt the time period on the sales restriction could be subject to change. it was moved by Councilwoman Evans and seconded by Councilwoman MacLain to continue this matter to the next meeting and to transmit the proposed Resolution to all organizations which were granted fireworks permits during the last year seeking their input on the resolution. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson In regard to Item #4, Consideration of a Request to Proclaim October 24, 1979 as United Nations Day, Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he objected to the proposed proclamation based on the destructive actions of several foreign governments who are members of the United Nations. He felt the aims of several of these members include the destruction of government and he felt the United States should withdraw from the organization. Fo]lowing discussion, it was moved by Councilwoman MscLain and seconded by Coun- cilman Lacayo to receive and file the matter and that the Council's action be transmitted to the local congressmen expressing the Council's dissatisfaction with United Nation's actions which have been biased against the United States. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson CONSIDERATION OF AN ORDINANCE PROVIDING FOR AN AFFORDABLE HOMEOWNERSHIP AND RE}~BILITATION PROGRAM AND FOR THE ISSUANCE OF RESIDENTIAL MORTGAGE REVENUE BONDS IN CONNECTION WITH THE SAID PROGRAM~ AND SELECTION OF BOND UNDERWRITERS: Mr. Navenport presented a report dated October 18 regarding this matter. The staff introduced Mr. Herman Zelas of the firm of Stone and Youngberg who were employed as consultants for the City's mortgage revenue bond program. Councilman Lacayo inquired about the cost of the independent feasibility study of the Cypress housing market which was recommended by staff. Mr. Zelas reported the study would not exceed $15,000 and it would be completed in thirty days. He stated the purpose is a market absorbtion rate study on a regional basis which is necessary to assure rating agencies and potential bond purchasers that the dollar amount of the program is sufficient and to further give assurances to the underwriters that all bond proceeds will be utilized. Staff indicated that the cost of the study would be paid with bond proceeds. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to: (1) select the firm of Loeb Rhoades, Hornblower & Company as underwriter for the Cypress Affordable Homeownership and Rehabilitation Program; (2) order the fol- lowing Ordinance read by title only, title as follows, and approve the first reading; and (3) authorize the City staff, City Attorney, Stone and Youngberg and the underwriter to employ an independent research firm to conduct a market feasibility study of the Cypress housing market whose costs are to be paid with bond proceeds: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR AN AFFORDABLE HOMEOWNERSHIP AND REHABILITATION PROGRAM AND FOR THE ISSUANCE OF RESIDENTIAL MORTGAGE REVENUE BONDS IN CONNECTION WITH THE SAID PROGRAM. -8- C~ty Uouncll Ml~utes gdtoBer zz, The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: None Hudson The City Attorney reported that A.B. 1355 as finally amended would have pre- cluded Cypress' participation in the mortgage revenue bond program and that Betsy Strauss was instrumental in gaining provisions to the bill which would allow a special exemption for charter cities. It was moved by Councilman Lscayo and seconded by Councilwoman Evans to adopt the following resolution of thanks to Betsy Strauss, by title only, title as follows: RESOLUTION NO. 2154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ELIZABETH A. STRAUSS FOR HER OUTSTANDING CONTINUED SERVICE TO THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson CONSIDERATION OF ~E_~UEST TO OBTAIN APPRAISALS AND INITIATE AN AMENDMENT TO THE GENERAL PLAN FOR PROPERTY ADJACENT TO THE CIVIC CENTER: Mr. Davenport presented a report from the Administrative Coordinating Team dated October 18 which recom- mended that appraisals be made of the properties easterly of the Civic Center not owned by the City and that an amendment to the General Plan Land Use Elememt be initiated for the subject area. Staff felt the appraisals were necessary to develop an acquisition plan for the property and they indicated that suffit:ient funds were budgeted for tbe appraisals. Councilman Lacayo stated he objected to appraising the properties which the City does not have funds to purchase. He felt appraisals done now may not be valid when the City is ready to purchase properties. He indicated the Council approved an appraisal of the Raub property and did not purchase it and he stated he was unwilling to spend more money unless it is shown that the City has the funds to purchase land. The staff reported that after an appraisal was made of the Raub parcel it was acquired by another party and is now in escrow. Staff indicated that they have spoken to local realtors in the past to determine the value of the land but that individual appraisals were preferable because of the different characteristics of the irregularly shaped parcels. The staff indicated that reappraisals of properties would be easier to obtain and would be less costly than the original appraisal. The staff reported that they have been contacting property owners in the area to determine the availability of property and tbere has been some interest to sell. The staff further reported that the City has funds for the purchase of land derived from open space fees collected from devel- opers and accumulated Revenue Sharing funds. Mayor Rowan stated the staff's recommendation was in accordance with the Council's previous direction and that he was ready to proceed or continue the matter until the full Council is present. Councilwoman MacLain felt appraisals should be made of those properties which the City has the chance of acquiring. The staff recom- mended that appraisals be made of all properties in the area except those located on Orange Avenue frontage. Mayor Rowan moved to continue the matter until the entire Council is present. The motion was not seconded. ~ounczlwoman Evans stated that appraisals of the parcels would be necessary in the event the Council is considering redevelopment for the area. It was moved by Councilwoman Evans and seconded by Mayor Rowan to instruct staff to obtain appraisals for the property located easterly of the Civic Center which are not presently owned by the City, with the exception of the Raub property. -9- <,~ny coun~Ii Minutes October 22,' 1979 Councilman Lacayo stated he did not support the motion in view of the financial difficulties which the City will be facing in the future and he did not feel the City was in a position to invest in property purchases. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Evans, MacLain & Rowan NOES: 1 COUNCILMEMBERS: Lacayo ABSENT: 1 COUNCILMEMBERS: Hudson The Council agreed to defer action with regard to initiating an amendment to the General Plan for the subject property, CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council- man Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants #53284 through #53405 in the total amount of $377,203.35. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILM~MBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and Park District, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the District Warrant List for Warrants #9772 through #9807 in the total amount of $28,413.59. The motion unanimously carried by the following roll call AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson In regard to Item #27 regarding an amendment to the By-Laws of the Orange County Division of the League of California Cities, Councilwoman MacLain recommended that the Council support the By-Laws amendment. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo that the Council go on record in support of the Orange County League By-Laws amendment. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Lacayo, MacLain & Rowan None Hudson In regard to Item #28, Councilwoman Evans reported that the problem of recrea- tional vehicles parking in the front yard setback or on the property line was brought to her attention by a resident. She requested that staff prepare a report analyzing the regulations of other cities with regard to storage of recreational vehicles (trailers, boats, motor homes) on single family residential lots, and suggest reasonable standards for Cypress. The Council agreed to direct staff to prepare the report and staff indicated the report could be prepared for the second November meeting. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated a report of this type will raise a controversial issue. He indicated there is no access to his rear yard and that if his recreational vehicle is stored at an RV storage lot it cannot be used. ORAL COMMUNICATIONS: There were no oral communications presented at this time. EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 9:40 p.m. to discuss matters of litigation. The meeting was called back to order at 10:05 p.m. with Councilman Hudson absent. -10- October 22, 1979 ADJOURNMENT: Mayor Rowan adjourned the meeting at 10:05 p.m. to Monday, October 29 at 7:30 p.m. at the Plankhouse Restaurant, 10011 Valley View, Cypress, for a meeting with Senator Carpenter. ATTEST: CITY CLERK OF THE Ct/~Y OF CYPRESS -11-