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Minutes 88-09-12 ------_..- , 318 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 12, 1988 The regular meeting of the Cypress City Council was called to order at 5:35 p.m. on Monday, September 12, 1988, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding. PRESENT: Councilmembers Davis, Kanel, Mullen and Arnold ABSENT: Councilmembers Coronado Also present were City ManagerlCity Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, Hurst, Leonard and Lowenberg. ORAL COMMUNICATIONS: For matters on the 5:30 P.M. Agenda. Mr. Eugene Zechmeister, 9452 Alderbury, Cypress, requested that Item #14 of the Consent Calendar, regarding the placement of "Speed Bumps" on certain City Streets be removed for discussion. The Mayor suggested that any additional items also be removed from the Consent Calendar and discussed along with this matter. [ONSENT 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 Councilman Mullen and Seconded by Councilman Kanel to approve the Consent Calendar Items #3 through #20, with the exception of Items #8 and #14. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Item #3: Motion to Approve City Council Minutes of the Regular Meeting of August 22, 1988. Recommendation: That the City Council approve the Minutes of August 22, 1988 as submitted, with Mayor Pro Tem Davis abstaining due to his absence at the meeting. Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #5: Consideration of Adoption of Resolution Commending Eagle Scout Billy D. Cox. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout Billy D. Cox on achieving the rank of Eagle Scout. RESOLUTION NO. 3439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT BILLY D. COX ON ATTAINING THE RANK OF EAGLE SCOUT. Item #6: Consideration of Proclaiming September 24, 1988, as "Integrity Day" in the City of Cypress. Recommendation: That .the Mayor and City Council officially proclaim September 24, 1988, as "Integrity Day" in the City of Cypress as requested. Item #7: Consideration of Claim Filed by Barry Fischer, Attorney, On Behalf of Karen Lee Scheer. Recommendation: That the City Council officially reject the subject claim and refer it to tne City's Claims Administrator, Carl Warren & Co., for appropriate disposition. 1 City Council Minutes September 12, 1988 319 Item N9: Consideration of Claim Filed by Richard F.G. Thomas, Attorney, On Behalf of Lisa Brown. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item NI0: Consideration of Contract Change Order Policy Review. Recommendation: It is recommended that the Contract Change Order Policy be continued without modification until September 11, 1989, at which time a report will be given to the City Council requesting consideration of any necessary modifications. Item N 11 : Consideration of Employment Lists for the Positions of Community Service Officer, Clerk Typist and Police Officer - Lateral Entry. Recommendation: That the City Council certify the Employment Lists for the positions of Community Service Officer, Clerk Typist and Police Officer - Lateral Entry, as submitted. Item N12: Consideration of Appropriation of 1987-88 Encumbrances - City. Recommendation: That the City Council authorize appropriations per the attached worksheet totaling $1,088,069 to the funds listed below. General Fund 11 $409,330 2106 Gas Tax Fund 22 474,601 Central Service Fund 90 48,286 Sanitary Sewer Fund 41 149,999 Community Redevelopment Fund 35 5,853 Item N13: Consideration of a Resolution Determining that Park and Recreation Fees May Be Used as Appropriated in the 1987-88 Budget. Recommendation: That the City Council adopt the Resolution by title only, title as follows, determining that the Park and Recreation fees may be used as appropriated in the 1987-88 Budget. RESOLUTION NO. 3440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING THAT PARK AND RECREATION FEES MAY BE USED AS APPROPRIATED IN THE 1987-88 BUDGET. It em N 15 : Consideration of Claim Filed by Brian Peteriet. Recommendation: Receive and file. Item N16: Consideration of Flying the POW Flag During the Month of September 1988. Recommendation: That the City Council authorize the City Manager to fly the POW flag donated by the Charles F. Knauss Memorial Veterans of Foreign Wars #9847, during the month of September, on an appropriate City flag pole standard. Item N17: Consideration of a Resolution Opposing the Consideration of the Armed Forces Reserve Center at Los Alamitos as a Commercial Airport in the Airport Site Consensus Program for Orange County. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and request the Mayor to transmit copies to the Orange County Airport Site Consensus Coalition and to adjacent cities. 2 320 City Council Minutes September 12, 1988 RESOLUTION NO. 3441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING THE CONSIDERATION OF THE ARMED FORCES RESERVE CENTER AT LOS ALAMITOS AS A COMMERCIAL AIRPORT IN THE AIRPORT SITE CONSENSUS PROGRAM FOR ORANGE COUNTY. Item #18: Consideration of Employment List - Police Officer (Academy Trained). Recommendation: That the City Council certify the Employment List for the position of Police Officer (Academy Trained) as submitted. Item #19: Consideration of Acceptance of Final Parcel Map No. 88-170 (Northeast Corner of Katella and Walker). Recreation & Park District Matters: Item #20: Consideration of Appropriation of 1987-88 Encumbrances - Park District. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, authorize appropriations per the attached worksheet for encumbrances and capital projects totaling $483,932 to the General Fund and $4,646 to the Central Services Fund. Regarding Item #8, Consideration of Resolution Supporting the Drug Abuse Resistance Education (D.A.R.E.) Program and Proclaiming September 15, 1988, as "D.A.R.E. Day," Councilman Kanel expressed concern with the wording of the third paragraph of the Resolution. Councilman Mullen suggested changing the word, "sophisticated" to "knowledgeable." After some discussion, the City Manager suggested the deletion of the paragraph. It was moved by Councilman Kanel and seconded by Councilman Mullen to delete the third paragraph of the Resolution and adopt the Resolution by title only, ~ title as follows: RESOLUTION NO. 3442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXPRESSING ITS CONCERN OF DRUG ABUSE AND INDICATING ITS SUPPORT BY PROCLAIMING SEPTEMBER 15, 1988, AS "D.A.R.E. DAY." The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Regarding Consideration of Communication About the Placement of "Speed Bumps" on Certain City Streets, Mr. Zechmeister spoke on the possibility of placing speed bumps on some of the major thoroughfares in Cypress. He stated that speeders must be slowed and there should be a way of putting in the speed bumps without incurring liability. The Police Chief responded that it would be appropriate that this matter be referred to the Traffic Commission for their input and he will supply Mr. Zechmeister with the most recent report. I The Public Works Director advised that this matter is scheduled to be brought i before the Traffic Commission at their September 20 meeting. I Councilman Davis remarked that speed bumps might be more dangerous than the few speeders, but we do need some resolution to the speeding problem. It was moved by Councilman Mullen and seconded by Councilman Davis to refer Mr. Zechmeister's communication to the Traffic Commission for review and recommendation. The motion unanimously carried by the following roll call vote: 3 ,-/,:,'--/ City Council Minutes September 12, 1988321 AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Regarding the City Council Minutes of the Regular Meeting of August 22, 1988, Councilman Mullen asked that this Consent Calendar item be reconsidered. He moved that on page, fifth paragraph, the word "directed" be changed to "requested" so the sentence reads, "Councilman Mullen requested staff.... II and, on page 10, the fifth paragraph, the word "unanimously" should be removed as there was a "no" vote cast by Mayor Arnold. The motion was seconded by Councilman Kanel and unanimously carried by the following roll call vote to approve the minutes as corrected: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado STUDY SESSION: CONSIDERATION OF CITY OF CYPRESS' CLASSIFICATION PLAN: CONCEPTUAL FRAMEWORK: The Assistant to the City Manager summarized the staff report dated September 6, 1988, which indicated the City Council had authorized a City-wide classification study of all non-management employees. Two of the concepts of particular note are the flexible staffing and career ladder. In addition to the classification plan, the study did recommend three significant organizational changes: two impacting Public Works, Landscaping and Building Maintenance sections; and one in the Police Department, RecordslCommunications Supervisor. Councilman Davis remarked that it appears that two people are being added and asked about the workload of the Records Supervisor. The Police Chief stated that it is a working supervisor's position and there is a need to further expand in the records area with the increased demands for service. Mr. John Shannon, Shannon Associates, commented on the organizational changes recommended in the report for the Police Department. Responding to Councilman Kanel, the Police Chief commented that calls for service demands have increased 50% and the legislature continues to change the law on reporting procedures. The City Manager stated that by approving the recommendation in concept, the Council is indicating they are receptive to the organizational adjustments. Mr. Shannon further commented that they will finish drafting the job descriptions, look at the internal salary structure and will return to Council with a final report. It was moved by Councilman Mullen and seconded by Councilman Kanel that the City Council and acting as ex officio Board of Directors of the Cypress Recreation and Park District: 1) approve, in concept, the Classification Plan: Conceptual Framework; 2) approve, in concept, the organizational changes set forth in this report; and 3) receive and file the classification Plan: Conceptual Framework. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnoid NOES: 0 COUNCILMEMBERS: NonE' ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF RETENTION OF CONTRACT SERVICES FOR LANDSCAPE MAINTENANCE: The staff report dated August 23, 1988 indicated that the current center landscape contract with Western Landscape Management expired August 31, 1988. It was moved by Councilman Mullen and seconded by Councilman Kanel that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, renew the contract of Western Landscape Management, 1556 Sequoia Avenue, Placentia, California 92670 for weekly landscape maintenance of the Cypress Community Center from Augu~t 31, 1988, to February 28, 1989, at the present cost of $800 monthly. The motion unanimoualy carried by the following roll call vote: 4 / / ,-, .. City Council Minutes September 12, 1988 322 AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen & Arnold NOES: 0 COUNCIlMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows, approving C.U.P. #88-14 with conditions. RESOLUTION NO. 3443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-14 - WITH CONDITIONS The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis Councilman Davis abstained from voting on the Resolutions and Ordinances due to his absence at the August 22, 1988 meeting. It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolution by title only, title as follows, approving C.U.P. #88-16 with conditions. RESOLUTION NO. 3444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-16 - WITH CONDITIONS, The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows, approving C.U.P. #88-17. RESOLUTION NO. 3445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-17. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCIl.MEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolution by title only, title as follows, approving Specific Plan No. 88-3, Sorrento Residential Planned Community Specific Plan. RESOLUTION NO. 3446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SPECIFIC PLAN NO. 88-3, SORRENTO RESIDENTIAL PLANNED COMMUNITY SPECIFIC PLAN. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis 5 City Council Minutes September 12, 1988 323 It was moved by Councilman Kanel and seconded by Councilman Mullen to order the foll~wlng Ordinance read by title only, title as follows and to adopt the Ordinance changing the zoning classification of certain property. ORDINANCE NO. 805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM RS-6000 TO PC-25A, PLANNED COMMUNITY NO. 7 (ZONE CHANGE NO. 88-6) AND ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTY. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis It was moved by Councilman Mullen and seconded by Councilman Kanel to order the following Ordinance read by title only, title as follows and to adopt the Ordinance providing for the filing of vesting tentative maps. ORDINANCE NO. 806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE IX "VESTING TENTATIVE MAP" OF THE CODE OF THE CITY OF CYPRESS BY PROVIDING FOR THE FILING OF VESTING TENTATIVE MAP FOR COHMERCIAL AND INDUSTRIAL SUBDIVISIONS AS REQUIRED BY GOVERNMENT CODE SECTION 66498.7. The motion carried by the following roll call vote: AYES: 3 COUNCILHEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCILMEMBERS: Davis The Public Works Director introduced the new Assistant City Engineer, Jim Hill, who will be starting with the City September 19. EXECUTIVE SESSION: Mayor Arnold called an Executive Session at 6:24 p.m. for matters of personnel and litigation. COUNCILMAN CORONADO ARRIVED AT 7:11 P.M. The meeting reconvened at 7:35 p.m. with all Councilmembers present and staff members present were Beardsley, DeCarlo, Hurst, Leonard, Lowenberg and Zimmerman. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Davis. CONSIDERATION OF PRESENTATION ON THE AIRPORT SITE CONSENSUS PROGRAM FOR ORANGE COUNTY BY REPRESENTATIVES OF THE ARMED FORCES RESERVE CENTER. LOS ALAMITOS: Colonel Robert Brandt provided an official statement, which is on file in the City Clerk's office, as to the Army's policy on joint use of the Los Alamitos Army Airfield and then briefed the Council as to the site selection and answered questions. He further stated that the Armed Forces Reserve Center had no intention of allowing joint use whether it be private, civil or commercial aviation. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda Hs. Cecilia Age, 9565 Normandy Way, Cypress, also representing Security Pacific National Bank Real Estate Business, located at 10600 Valley View, Cypress, reminded everyone that the AQMD has passed Regulation 15 which requires businesses with 500 or more employees to submit a program. She requested that one of the City's transportation committees become involved and interact with the business community. The Public Works Director assured Ms. Age that the City would definitely address those needs. 6 ,""--"' - 1-, 3~4ty Council Minutes September 12, 1988 Ms. Christine Swain. 5362 Crescent Street, Cypress, challenged a statement made last meeting regarding her position on the Chamber of CORRTIerce Board of Directors. She stated the Chamber has a set rule on attendance and she had missed three meetings and was subsequently unable to continue on that Board. Mr. Chuck Hicks, 10669 Charles Circle, Cypress, expressed his concern about the lack of professionalism demonstrated during Council meetings. Mr. Edward Southfield, 8743 Watson, Cypress, concurred with Mr, Hicks' observations and stated he was embarrassed at the last meeting and is waiting for an apology but this is not a reflection on the entire Councilor the City. Mayor Arnold said that this portion of the meeting is for citizens to comment on items that are not on the Agenda and it is not a debating session. Ms. Susan Ver Steeg, 5352 DeLong, Cypress, asked how Council meetings could be made more orderly. Mayor Arnold explained that all members of the City Council attempt to work within guidelines and follow the Agenda and on occasion enthusiasm takes over. Councilman Davis commented that the City Council and the School Board have had a very good relationship, there are some issues coming up that involve a lot of money and he has not observed a lack of professionalism on either Board or Council. Councilman Coronado asked that the problem confronting the property owner on Grindlay that backs onto the City's Maintenance Yard be placed on the next Agenda. He would like the matter studied and what can be done to mitigate the problem with an initial report presented at the next Council meeting. The Public Works Director asked that this matter be put on the October 10 Agenda and Councilman Coronado concurred. Ms. Judy Gilbert, 5791 Roxbury Court, Cypress, asked the City Council to review and clarify the recent decision on bus benches. Mayor Arnold asked any questions on this matter be held because it is on the Agenda this evening. Councilman Kanel commented that he had been a Councilman for many years and finds himself in a quandary over the past few months because he has had exchanges with several people. He wondered if it was the way things were moving and happening in the City and he wished to apologize to Messrs. Hicks and Southfield and to Ms. Swain for comments he might have made and shouldn't have. Councilman Coronado asked if the City obtained agreement from Alpha Beta to limit their truck traffic to certain hours of the day. The City Manager responded that the entire Center was asked to cooperate. Councilman Coronado asked staff to research complaints regarding 4:30 a.m. truck traffic to Alpha Beta market. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. None were presented. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-13 AND PARCEL MAP NO. 88-273. 42-UNIT APARTMENT COMPLEX. INCLUDING 8- UNIT DENSITY BONUS AND COMBINING TWO PARCELS. 8781 WALKER STREET AND 8774 WATSON STREET: Mayor Arnold declared the public hearing open. The staff report dated September 7, 1988 indicated the applicant has requested a continuance. Mayor Arnold asked if anyone wished to testify in support of or opposition to the application who would be unable to attend the next meeting. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Kanel to continue the hearing to the meeting of September 26, 1988. Councilman Coronado stated that he had visited the subject area. talked with the neighbors and urged the other members of the Council to inspect the area 7 /1 City Council Minutes September 12, 1988325 and observe the traffic on Watson Avenue. He further advised if he is unable to attend the September 26 meeting, he will attempt to provide a written report. The City Attorney cautioned that meeting with people in the area during the public hearing creates problem because there is a gathering of evidence outside the hearing. Councilman Davis requested staff to monitor the issue because it appeared the applicant was taking steps that the Planning Department would normally take and wanted to be sure he was not usurping the department's responsibilities. Mr. Edward Southfield, 8743 Watson Street, Cypress, advised that the citizens in the area would welcome the entire Council to observe the traffic conditions. Ms. Susan Ver Steeg, 5352 DeLong Street, Cypress, stated she has received many comments from the neighbors and Mr. Chang's representative has also made a great effort in showing a genuine concern. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-18. WORD OF LIFE FELLOWSHIP CHURCH. 4021 ORANGE AVENUE: Mayor Arnold opened the public hearing. The City Manager advised that a letter was received from Mr. Jack Freeman stating he was against the approval of the conditional use permit for a church. The Interim Planning Director recapped the staff report dated September 7, 1988, which represented a request for the Word of Life Fellowship Church to occupy an existing commercial unit at 4021 Orange Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration of Environmental Impact will be filed for this project. Notices of the public hearing were published, posted, and mailed to all property owners within a 300 foot radius of the subject property. Councilman Davis asked if there would be sufficient parking available. The City Attorney announced that he has been informed that the same site has sought a business license with the City for a palm reading establishment. After some discussion, the City Attorney advised Mayor Arnold that there would appear not to be conflict should the application be approved. Reverend Jerry Holman, 12569 East 215th street, Lakewood, advised that his church had served Hawaiian Gardens for 40 years and because of redevelopment, have been forced to relocate. He does not foresee any problems or conflicts with parking because the church will conduct services at different hours than the businesses in the center and they are conditioned on a one year trial basis. He informed the Council that there will be Sunday evening services from 7:00 p.m. to 9:00 p.m., which were not mentioned in the staff report. Councilman Coronado indicated that the City of Cypress does have a serious parking problem, it could conceivably be a problem in this center, but he is supportive of the application. Responding to a query from Councilman Kanel, the applicant answered that the City of Hawaiian Gardens had attempted to assist them in relocating but nothing was found. Responding to questions from Mayor Arnold, Reverend Holman answered that he had lost parishioners as a result of the relocation efforts and would encourage new members. After further discussion, Mayor Arnold asked if anyone else wished to speak on behalf of the church. No one did so. Mayor Arnold asked if anyone desired to speak in opposition to the application. Mr. Arnold Lowenberg, 4028 Cheshire Drive, Cypress, informed the Council of some concerns expressed by the homeowners at their meeting, some of which were a conflict in operating hours with their pool and park, maximum capacity of building, parking problems, noise and signing. No one else wished to speak in opposition to the application. 8 G ! . .~ :J~~Y Council Minutes September 12, 1988 Responding to Councilman Coronado, the Interim Planning Director answered that some of the concerns would be addressed with conditions of approval, others investigated and suggested that the matter be continued for approximately one month. Mayor Arnold commented that she has many questions for which answers have not been provided that would influence her judgment on this matter. She indicated that she would like to see answers to the questions posed by Mr. Lowenberg. After some discussion, Councilman Kanel stated that this is a small church, they have agreed to a condition from staff to limit members to 20 and he didn't understand why the church would be interested in this location. It was moved by Councilman Mullen and seconded by Councilman Coronado to continue this matter to October 10, request staff to respond to those issues raised and return with their evaluation and a revised set of conditions. The motion unanimously carried by the following roll call vote: AYES: .5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilman Davis suggested that the applicant, Mr. Lowenberg and the Interim Planning Director arrange to meet and attempt to resolve the concerns. COUNCILMAN MULLEN LEFT THE MEETING AT 9:08 P.M. RECESS: Mayor Arnold recessed the meeting at 9:09 p.m. The meeting reconvened at 9:25 p.m. with all Councilmembers present except Councilman Mullen. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-19. MOBILE RECYCLING COLLECTION FACILITY. ALPHA BETA SUPERMARKET. 4033 BALL ROAD: Mayor Arnold opened the public hearing. The City Manager summarized the staff report dated September 6, 1988, which indicated that the applicant has withdrawn, removed the recycling facility and, because of the many hours staff has spent regarding the illegal operation of the facility, that the application fee not be refunded and the report be received and filed. It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing, receive and file the applicant's letter and not refund the application fee. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-20. EDUCATIONAL INSTITUTION. 5303-5305 LINCOLN AVENUE: Mayor Arnold declared the hearing open. The Interim Planning Director presented the staff report dated September 6, 1988, which represented a request to operate an Educational Institution which offers martial arts and business classes at 5303-5305 Lincoln Avenue. In accordance with the California Environmental Quality Act, a Notice of Negative Declaration will be filed for this project. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius of the subject property. Councilman Coronado asked about the parking accommodations for instructors and were they taken into consideration in the analysis. He further stated that the parking is a concern, it should be studied and suggested a continuance. The City Manager advised that the City has other schools of this nature and would present a report on their parking situation. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Coronado and seconded by Councilman Kanel to continue this request to the meeting of October 10. 9 c::; - / j j City Council Minutes Septe~ber 12, 1988~ 27 Councilman Kanel clarified that the one area of concern was the parking s ituat ion. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMOERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kanel CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAB FRANCHISE - AMERICAN TRANSPORTATION ENTERPRISES. INC. (AMT~S): The public hearing was opened by Mayor Arnold. The staff report dated-September 7, 1988 indicated that an application for a non-exclusive Taxicab Franchise has been received from American Transportation Enterprises, Inc., 15121 S. Figueroa Street, Gardena. It was moved by Councilman Kanel and seconded by Councilman:Davis to continue consideration of this matter to the meeting of September 26~ Mayor Arnold asked if 'anyone wished to speak on behalf of or against the application. No one did so. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION & COMMUNITY SERVICES COMMISSION, CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CULTURAL ARTS COMMISSION, CONTINUATION OF CONSIDERATION OF APPOINTMENT TO THE CYPRESS CABLE TELEVISION COMMISSION and CONSIDERATION OF METHOD OF FILLING VACANCIES ON CITY COMMISSIONS: Councilman Kanel suggested the possibility of delaying any action on these matters until after the November election unless the Council is prepared to act on those names before them. Mayor Arnold advised that the Council is to determine which process to follow that is acceptable under the Brown Act to make these appointments and there are five options to discuss. Councilman Kanel pointed out that under the Charter and City Ordinances, the Mayor shall appoint with the majority approval of the Council. Mayor Arnold stated the old system seemed quite fair; however, it was not appropriate under the Brown Act and everything the City Council does regarding commissions and boards should be public. The City Attorney explained that all appointments to boards and commissions must be made through a public process and described the five options available by which to make these appointments. Councilman Coronado expressed his desire to have each Councilmember appoint a person of his choosing and if there are more than five to be chosen, a drawing could be held. He stated that his second choice would be a lottery. The City Attorney reminded the Council that whatever procedure is chosen, the charter provision would require three affirmative votes to actually make an appointment. Councilman Kanel explained that he was ready to vote two people this evening for the Recreation and Community Service Commission. Councilman Davis advised that one of the options is full disclosure using the existing system. He agreed with Councilman Coronado's first choice of selection except that if seven people are to be chosen, the Mayor and Mayor Pro Tem would selpct two people and then selection would revert to the Counc i lmembers. He would support either of these methods of selection. Councilman Kanel remarked that the lottery would be the simplest and fastest. Mayor Arnold voiced her preference for the disclosure option of selection, each Councilmember ranking those individuals and the results made public, which she believed was the fairest. 10 ~-- ? / / ~ Council Minutes September 12, 1988 It was moved by Councilman Coronado and seconded by Councilman Davis to continue this matter to the meeting of October 10 for a full Council. The motion uhanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONTINUATION OF CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR APPOINTMENT TO THE CYPRESS TRAFFIC COMMISSION: Councilman Davis suggested continuing this item to October 10 after the process of appointment is made because depending on the selection, interviews may not be necessary. It was moved by Councilman Davis and seconded by Councilman Coronado to ~ontinue this matter to the meeting of October 10. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONTINUATION OF CONSIDERATION OF CABLE TELEVISION COMMISSION RECOMMENDATIONS FOR GRANT FUNDING: The staff reports dated August 16 and September 2, 1988, indicate that the CATV Commission has reviewed and recommended approval of two grant requests from the League of Women Voters of Central Orange County. ~ It was moved by Councilman Davis and seconded by Councilman Kanel to approve both Public Access Grant applications, in the amounts of $300.00 and $500.00, as recommended by the Cable Television Commission. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONTINUATION OF CONSIDERATION OF REQUEST FOR JOINT MEETING OF THE CITY COUNCIL AND CYPRESS CABLE TELEVISION COMMISSION: The staff reported dated September 2, 1988 indicated this request was continued from the July 25, 1988 City Council meeting. It was moved by Councilman Davis and seconded by Councilman Kanel to conduct a joint meeting with the Cable Television Commission at the September 26, 1988 City Council meeting. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold NOES: 0 COUNClLMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen ABSTAINED: 1 COUNCILMEMBERS: Coronado CONTINUATION'DF CONSIDERATION OF RENEWAL OF A REPAYMENT AGREEMENT BETWEEN THE CITY AND THE CYPRESS REDEVELOPMENT AGENCY: The City Manager summarized the staff reports dated August 15, and September 6, 1988, which represented a request to authorize the repayment agreement from the Redevelopment Agency in the amount of $1,237,662 owed to the City. Councilman Davis stated that values are increasing. tax increments will start and it is a sound move to advance and approve the expenditure. It was moved by Councilman Davis and seconded by Councilman Kanel to authorize the City Manager to execute the attached Repayment Agreement with the Cypress Redevelopment Agency in the amount of $1,237,662 with repayment by the Agency to be made from future tax increments andlor other available resources from the Civic Center Project Area. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSEN1: 1 COUNCILMEMBERS: Mullen 11 C 1'1 / - cf.. I ~ 1'-: City Council Minutes September 12, 198a329 CONSIDERATION OF DISCUSSION REGARDING THE CONDITIONAL USE PERMIT ISSUED TO PROMISES FOR THE RESTAURANT AND NIGHTCLUB USE AT BALL ROAD AND JUANITA STREET: Mayor Arnold had this item placed on the Agenda based on information provided by the Cypress Police Department in response to issues raised by a citizen at the City Council meeting of August 22, 1988. Mayor Arnold expressed her concern that the conditional use permit granted Promises was for a restaurant use and she asked Councilmembers to review this permit. Councilman Coronado stated the establishment has had several owners in the past, parking is limited and not compatible with the volume required for a profitable enterprise. The City Manager reported that the City noticed Promises that the issue was on the Agenda, received a call from the applicant, who indicated he has a problem with the operation as it exists and he was closing the nightclub within the next two weeks and desired to reopen as a cafe/restaurant. He clarified that the City had granted a live entertainment permit rather than a conditional use permit, which would have to be reconsidered and a provision of the permit was that a restaurant was to be operated in conjunction with the entertainment use. The City Manager suggested continuing this matter and then schedule a public hearing, if necessary. Mayor Arnold expressed the opinion that there was enough concern to warrant this item being placed on the next Agenda and opened for discussion. Councilman Davis suggested that staff return with a report with the status and discussion would not be required unless there is still a problem. It was moved by Councilman Davis and seconded by Councilman Coronado to continue this item to the October 10, 1988 meeting for further report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mull en CONSIDERATION OF COMMUNICATIONS FROM THE CYPRESS SCHOOL DISTRICT BOARD OF TRUSTEES REGARDING THE CYPRESS SCHOOL PROPERTY AND THE SCHOOL: The City Manager presented the staff report dated September 7, 1988, which indicated communications had been received from the Cypress School District Board of Trustees offering a long-term lease of the Cypress School property for senior citizen use and another communication requesting a clarification of the redevelopment funding, which might be available from the tank farm development. The City Manager suggested that both matters be taken under advisement and he will be reporting to the Council at the October 10 meeting. It was moved by Councilman Coronado and seconded by Councilman Kanel to continue this item to the meeting of October 10. Responding to an inquiry from Councilman Kanel, the Superintendent of Schools answl~red that the school board is in favor of leasing their property rather than selling and it would be in the District's best interest to retain title to property. Councilman Davis stated that it is probably economically infeasible for the senior housing and he has some real concerns. Councilman Kanel asked the Superintendent of Schools if the current senior citizen center was to be part of this proposed leasing agreement. Mr. Ca lton repl ied in the affirmative. The motion unanimously carried by the following roll call vote: AYES: 4 COlJNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mull en CONSIDERATION OF REPORT ON CITY COUNCIL CANDIDATE STATEMENT CHARGES: Mayor Arnold asked the City Attorney to report on the payment of City Council candidate statement charges. lhe City Attorney reported that State law provisions provide three ways a candidate may make payments. He further advised that the policy had be~n set for this election that candidates pay for their statements in advance ba~ed upon an estimated fee. In the 1986 election, candidates were billed after the election and Councilman Kanel made two payments one in February and one in July. 12 33 cf i ty Counc i 1 Mi nutes September 12, 1988 After further questions, the City Attorney reiterated the policy that candidates pay for their statements in advance of the election and if the Council wanted to change this policy, they would have to do it in advance of the election so that everyone knows the rules. Mayor Arnold stated that any change from the present procedure would be duly noticed and acted upon by the City Council. She then opened the meeting to comments from the audience. Ms. Christine Swain stated she had no problem with the 1988 election payment procedures, it was the 1986 election and she still has a problem. She questioned why none of the other people running were told that they did not have to pay, have a loan of $661.44 and have as much time as necessary to pay it. Councilman Kanel explained he had paid his bill for candidate statement charges, it was paid a year late and money was not obtained from the City. The City Attorney commented that the State law allows the Counc 11 to make the determination to pay the charges for anyone that runs if they so choose; the State law also allows the Council to charge if they wish. He further commented that Councilman Kanel paid about a year and some months later and nobody gave him the authority to pay late, he just paid late which he has admitted. Responding further to Ms. Swain's queries, the City Manager explained the procedures and time lines followed for billing during the 1986 election campaign. Mayor Arnold addressed some of the questions posed by Ms. Swain earlier and the prescribed process of paying bills through the Accounting Department once the bill is due and payable. Ms. Swain commented she was grateful the bill was paid and believes interest should be paid on the balance. Councilman Kanel, on point of personal privilege, stated Mrs. Swain implied that the bill would not have been paid if she hadn't brought it to the attention of the Council; however, he paid $300 last February and the balance in July. He further advised that in 1986, when papers were taken out, no one had to pay for a campaign statement and the cost was not determined until months later. He informed the Council that several candidates had called him when they received the bill and had asked him if the amount could be reduced . but the City Attorney informed them that it could not. He paid the remainder of the bill in July. Councilman Coronado said that he didn't condone the action, he had no knowledge of it until Ms. Swain brought it up and he would ask Councilman Kanel to pay interest on the money. Councilman Kanel stated that he made a voluntary contribution of $47.50 at 7.2% interest rate to the City Clerk's office for the period of time in question. Mayor Arnold advised that since this matter has been brought to the Council's attention, a method to prevent this occurring in the future should be considered because a bill should not be totally ignored when it involves another Councilmember. Mr. Roger Geyer, 4433 Via Majorca, Cypress, remarked that this issue has turned into insanity and the important thing is that it was determined the bill hadn't been paid and Councilman Kanel then paid it. He further stated that this has taken 45 minutes and suggested the Council go onto the next item. It was moved by Councilman Davis and seconded by Councilman Coronado to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen 13 0 -/ City Council Minutes September 12, 1988331 CONSIDERATION OF COUNCIL COMPENSATION: The City Attorney advised that two items were involved, one action would adjust the Council salaries for the past three years at the rate of five percent per year, $400.00 to $463.00 per month and the other action would set a cost of living adjustment for the past three years. He further advised that because of a State Law change, the City Council should have been receiving $400.00 per month from 1985 to date and salaries have been instituted at $400.00 per month on an automatic basis effective September 1, 1988. Councilman Coronado questioned the City Attorney's determination, the money is a minuscule amount and he is not going to claim it. He also stated that the granting of retroactive pay was inappropriate, he suggested the new Council should decide what they want to do and he will not support the item. Councilman Kanel replied that the Council approved the inflation factor in 1985. He further advised that he was going to suggest the adjustment be made effective after the election and the 51 is the inflation factor that would take effect after the new Council takes office. Councilman Davis stated he would support the increase to $400.00 but definitely would not support retroactive increases. The City Attorney stated the ordinance represented cost of living adjustments for the future, not the past. Councilman Davis explained that $400.00, with a 51 increase, would be $20.00, but he would not retroactively increase the salary $60.00 and the Council would be better advised to wait for the new Council to make a decision; however, there is a legal issue, which involves those that have five years or more with the City. After further discussion, the City Attorney revised the wording of the Ordinance, Section I(a), amending Section 2-3.3 of the Code of the City of Cypress as follows: "(a) Each member of the Council of the City shall receive as salary the sum of Four Hundred Dollars ($400.00) per month, which amount is based upon the compensation set forth in Section 36516 of the Government Code for cities over 35,000 up to and including 50,000 in population; and such sum is hereby adjusted to provide for the 5% statutory increase for the year 1988. City Council salaries shall therefore be Four Hundred Twenty Dollars (1420.00) per month commencing upon the first day of the month following the reorganization of the City Council after the November 8, 1988 election. Such salaries shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the City." It was moved by Councilman Davis and seconded by Councilman Kanel to order the following Ordinance read by title only, title as follows and to adopt the Ordinance approving the 51 bringing it to $420.00, effective commencing upon the first day of the month following the reorganization of the City Council after the November 8, 1988 election. ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-3.3 OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION AS AUTHORIZED BY STATE LAW The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 1 COUNCILMEMBERS: Mullen CONSIDERATION OF AN AMENDMENT TO THE CITY OF CYPRESS' ZONING ORDINANCE RELATIVE TO BUS SHELTER AGREEMENTS: The City Attorney explained that this proposed ordinance suggests changing the type of relationship between the City an the supplier from a franchise relationship to a contractual relationship based upon a written agreement. Ms. Judy Gilbert, 5791 Roxbury Court, Cypress, felt that the people of Cypress who advertise on bus benches were not considered when this decision was made. She informed Council that there are bus bench companies in Cypress that do 14 c ') / -- - 3 :i2ty Counc 11 Mi nutes September 12, 1988 have City licenses but no written agreements and the bus shelter company seemed not to know they would be installing bus benches, She has also paid $800 to ~dvertise on a bus bench for the coming year. The City Attorney commented that the intent of the contract was to produce only one bus bench/shelter company and the process was to bring some control of this equipment to the City and they will be in a better position to enforce public safety and health and welfare. Ms. Gilbert asked the Council to reconsider the portions of the policy that benefit outside business and not local business. Councilman Kanel informed Ms. Gilbert that Council brought the matter up and the company was to provide 50 clean benches and rest of the bus bench companies would go. He voted in favor the bus shelters for the protection of the elderly from the weather. He also was unaware of advertisers who would be eliminated because they were unable to afford advertising on bus shelters. Responding to an inquiry by Councilman Coronado, the City Manager answered that the purchase of a business license is strictly revenue-producing, it doesn't necessarily mean they have the right to do business. He also stated that the City has the obligation to notify the bench companies that, once the contract is signed, the bench business will be phased out. Councilman Davis mentioned the taking of business license money for bus benches and then not allowing them to do business and this has to be mitigated. The City Attorney advised that the bus benches will be phased out and won't run the bench business out of the City until the expiration of the business licensing. After some discussion, Councilman Davis suggested allowing the bus benches that now exist to be phased out over some reasonable period of time, with the concurrence of the supplier, without infringing on each other's advertising. It was moved by Councilman Davis and seconded by Councilman Coronado to approve the first reading of the Ordinance by title only, title as follows, amending Section 15.3(F)(6) of Appendix I, "Zoning" of the Cypress City Code relative to Bus Shelter Agreements and phase the new contract in over a period of one year, allowing the present benches to remain in place for that year. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 15.3(F)(6) OF APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS RELATIVE TO BUS SHELTER AGREEMENTS. Mayor Arnold expressed her disapproval of bus shelters and is voting for this item because it is a housekeeping measure. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold NOES: 0 COUNCI LMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONSIDERATION OF ADDITION TO THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT RULES AND REGULATIONS. CHAPTER 13. HARASSMENT IN EMPLOYMENT POLICY: The City Manager presented the staff report dated September 7, 1988 whic~is being recommended for adoption to comply with policies mandated by various court decisions. It was moved by Councilman Davis and seconded by Councilman Coronado that the City Council, and acting as ex officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, adding Chapter 13, Harassment in Employment Policy, to the City/District's Personnel Rules and Regulations. RESOLUTION NO. 3447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION & PARK DISTRICT, A 15 ~1,- / ---\ "'. City Council Minutes September 12, 198933 SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, ADDING A NEW CHAPTER 13 AND RENUMBERING THE CURRENT CHAPTERS 13 THROUGH CHAPTER 18, FOR THE EMPLOYEES OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONSIDERATION OF DENSITY BONUS MAKING PROVISIONS FOR AFFORDABLE HOUSING AS ALLOWED BY CITY OF CYPRESS' ZONING ORDINANCE SECTION 9.2 AND STATE OF CALIFORNIA REQUIREMENTS: The staff report dated September 7, 1988 indicated that staff is evaluating and studying the issues raised by the City Council. The study has not been completed in the detail Council has requested; therefore, a continuance is requested. It was moved by Councilman Coronado and seconded by Councilman Davis to continue this item to the City Council Meeting of October 10, 1988, The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 28218 - 28508: It was moved by Councilman Kanel and seconded by Councilman Davis to approve the Warrant List for Warrant Nos. 28218 through 28508 in the amount of $667,275.16. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen RECESS: Mayor Arnold recessed the meeting at 12:03 a.m. in order for the Council to convene as the Cypress Redevelopment Agency. The meeting was called back to order at 12:05 a.m. with all Councilmembers present except Councilman Mullen. ORAL COMMUNICATIONS: For Matters Not on the Agenda Councilman Kanel asked that the communication regarding the problems experienced at the mobile home park be placed on the September 26, 1988 Agenda, have a representative from the park at the meeting, along with a report from the Police Department. Councilman Kanel also commented that the Holder Street problem has again risen regarding the excessive automobile speeds. The Police Chief explained that reducing the speed limit would be difficult because under law, it is based on survey information and 80% of the cars traveling down the street dictate the speed li mit. Councilman Coronado requested this item be placed on the October 10, 1988 Agenda for discussion. Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, addressed the matter Cypress Homes and the Cypress School District and it was agreed at the last Council meeting that Cypress Homes would pay up front money that was needed by the school district to commence. She further advised that a recent letter from Cypress Homes to the School Board stated they will pay this money according to what is provided by state law and if that law changes the school district will lose $1.3 million. The City Manager stated that the developer had agreed to pay the fees required by state law and the problem could be the way the letter is worded, which will be reviewed. Councilman Kanel advised that the City holds the key to the issuance of permits and can exercise some control over the developer. 16 ! - J) / 1 :J:J~itY Council Minutes September 12, 1988 WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Arnold adjourned the meeting at 12:15 a.m. ~~~F~ ATTEST: ~~A0 i :1 . CIT ... ER 0 .H C~OF CYPRESS 17