Minutes 90-08-06 4 8'7
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 6, 1990
An Adjourned Regular Meeting of the Cypress City Council was called to order
at 5:07 p.m., Monday, August 6, 1990, in the Administrative Conference Room,
Cypress City Hall, 5275 Orange Avenue, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: None
Also present were Acting City Manager Robert F. Beardsley, City Attorney Jerry
Patterson and Finance Director Richard Storey.
ORAL COMMUNICATIONS: For Matters on the Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR A TRAFFIC STUDY OF A PROPOSED CHURCH
FACILITY DEVELOPMENT ON CERRITOS AVENUE, WEST OF_WALKER STREET, WITHIN
PLANNING AREA 8 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER: Acting City
Manager Beardsley presented the staff report dated July 27, 1990, which
indicated that a letter from Robert Kingsbury, Executive Pastor of Grace
Church had authorized staff to retain a traffic engineer to conduct a site
analysis. Mr. Kingsbury requested that the City initiate the traffic study as
soon as possible and he has agreed to reimburse the City for the full
expenditure of 54,400.00 prior to the start of the study.
Responding to Councilmember Kanel, the Acting City Manager replied that there
is a Specific Plan on the site, but they are requesting an alteration and the
City needs to make a determination of what the environmental impacts are.
Councilmember Kerry asked about the parking and Mr. Beardsley responded that
they are anticipating a shared parking arrangement with Los Alamitos Race
Course. There will be an access from Walker Street, but the main access to
the project will be across from Longden Street.
After some discussion, Mr. Beardsley explained that the consultant follows
criteria provided to him by staff so the traffic engineer can make an
assessment.
It was moved by Councilmember Arnold, seconded by Councilmember Bowman and
unanimously carried to approve the issuance of a purchase order to Basmaciyan-
Darnell, Inc., 17701 Mitchell North, Suite 101, Irvine, CA 92714 in the amount
of 54,400.00 to perform the services outlined in the attached scope of work,
subject to the receipt of the full amount from Grace Church for said work,
prior to authorization to proceed.
CONSIDERATION OF PROPOSED FORMATION OF A COMMUNITY FACILITIES DISTRICT ON THE
CYPRESS FIOMES SORRENTO PROJECT AREA AS AUTHORIZED BY THE MELLO-RODS COMMUNITY
FACILITIES DISTRICT ACT OF 1982: The Acting City Manager summarized the staff
report dated August 1, 1990 which described the process of creating a
Community Facilities District under the Mello-Roos Act. The process requires
a series of actions by the City Council: receive the petition filed by
Cypress Homes, prepare it for a public hearing, issue the bonds and form the
district.
Mayor Age announced that she would turn the meeting over to Mayor Pro Tem John
Kanel due to a business conflict in which her employer is involved in the
financing of this project. Councilmember Bowman stated that he had signed a
lease on a property outside the project area but within 300 feet and asked the
City Attorney if there would be a conflict. The City Attorney responded in
the negative. The following consultants were also present at the meeting:
John Forman, Molly Wittenberg, Bill Wren, John Yeager all representing Cypress
Homes; Maryann Goodkind and Norman Gaar of Burke, Williams, Sorensen and Gaar;
Rob Brown, Willdan Associates; John Fitzgerald and Joe Muller of Seidler-
Fitzgerald.
Maryann Goodkind, responding to Councilmember Bowman, stated that the bonds
will be secured solely by the special taxes and if there is a default on the
special taxes, the City's recourse is to foreclose against the property itself
within a certain number of days. The developer is liable for the special tax
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on the undeveloped, unsold property. There is no liability on the part of the
City, the security for the financing is the land.
After additional discussion, Ms. Goodkind explained that, after the public
hearing, the Council will be asked to authorize the issuance of the bonds in
more detail. Nhen the financing is actually done, the Council will be
approving the specific terms of the issue.
The City Attorney requested that each resolution~be taken separately because
there are minor changes in two of those resolutions.
It was moved by Councilmember Kerry and seconded by Councilmember Arnold to
adopt the resolution by title only, title as follows, receiving the petition
for initiation of proceedings for a community .facilities district.
Councilmember Bowman asked that if, after the public hearing, something occurs
through the public hearing, can the Council change anything at all it approves
this evening. Ms. Goodkind advised that the Council will be approving its
intention regarding the description of the facility, the cost estimates and
the special tax formula. She further advised that Council could subtract from
the bonded facilities, or lower the special tax, but it cannot increase the
maximum tax, the bond issue or the facilities without starting the process
over.
RESOLUTION N0. 3799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECEIVING
PETITION FOR INITIATION OF PROCEEDINGS FOR A COMMUNITY FACILITIES
DISTRICT (SORRENTO HOMES).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
Mayor Pro Tem Kanel stated that Mayor Age abstained from voting on this
resolution and will be abstaining from the vote on the following resolutions
associated with this issue.
The City Attorney stated that there were some changes in the Resolution
declaring intention to establish a facilities district and levy a special tax.
On page 2, section 5, 5th line, after the words "sewer facilities" and before
the words "parkway landscaping, the words "traffic and safety lighting
facilities" should be inserted. On page 3, Section 5, nine lines up from the
bottom, "...funding, financing, construction installation," after the word
"installation," add the word "rehabilitation." On page 4, Section 7, the
italicized numbers/words have been added: "It is the intention of the City
Council pursuant to Code Section 53340 of the Act to levy the proposed special
tax on the property that is not otherwise exempt from the proposed special tax
and that is not acquired by public entity through a negotiated transaction by
any gift or devise." On page 5, top of the page, third line, add
"rehabilitation" after "construction, installation." Acting City Manager
Beardsley requested permission to make minor correction on the boundary map in
Exhibit "A."
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, declaring its intention
to establish a community facilities district and to levy a special tax.
s....
RESOLUTION N0. 3800
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO tSTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A
SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES IN AND FOR PROPOSED
COMMUNITY FACILITIES DISTRICT N0. I (SORRENTO HOMES).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: I COUNCILMEMBERS: Age
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The City Attorney introduced the next Resolution which declared its intention
to issue bonds secured by a special tax. The City Attorney called attention
to the text of the Resolution and changed the following: Page 2, Section 3,
4th line after "sewer facilities," insert the words, "traffic and safety
lighting facilities." Page 2, Sections 4 and 5, that "the amount shall not
exceed (15,000,000" be changed to "the amount shall not exceed 115,500,000..."
These same changes also need to be made in Exhibit "A" attached to said
Resolution.
It was moved by Councilmember Bowman and seconded by Councilmember Arnold to
adopt the Resolution by title only, title as follows, declaring its intention
to issue bonds secured by a special tax.
RESOLUTION N0. 3801
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS
INTENTION TO ISSUE BONDS SECURED BY A SPECIAL TAX TO FINANCE CERTAIN
FACILITIES Iii A~~D FOR PROPOSED COMMUNITY FACILITIES DISTRICT N0. 2
(SORRENTO HOMES).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only title as follows, appointing certain
consultants for the proposed Community Facilities District No 1. Responding
to a request, the City Attorney named the consultants: the law firm of Burke,
Williams, Sorensen, Gaar; Willdan Associates, special tax engineer; Seidler-
Fitzgerald Public Finance, underwriter.
RESOLUTION N0. 3802
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING
CERTAIN CONSULTANTS FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT N0. 1
(SORRENTO HOMES).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Age
RECESS: Mayor Pro Tem Kanel called a recess at 6:05 p.m. and Mayor Age
reconvened the meeting at 6:16 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF CONTRACT CHANGE ORDERS FOR SOIL REMEDIATION
AND FUEL FACILITY RECONSTRUCTION AT THE CITY MAINTENANCE, PUBLIC WORKS PROJECT
NOS. 8876 AND 8968: Mayor Age referred to the staff report dated July 26,
1990 which requested continuation of this item.
It was moved by Councilmember Bowman, seconded by Councilmember Kerry and
unanimously carried to continue this item to the meeting of August 13, 1990.
Study Sessions:
SORRENTO DEVELOPMENT PARKWAY LANDSCAPE PLANS AND PARKWAY TREE POLICIES: The
Acting City Manager introduced the study session to discuss the proposed
perimeter landscaping for the Sorrento Development. Frank Radmacher of Frank
Radmacher & Associates was present with the landscaping plans, which staff has
reviewed for consistency with the Specific Plan. Topics discussed during the
session included the types of trees and plant materials, the meandering
sidewalk, the perimeter wall and its treatments and the individual residential
lot trees. Mr. Radmacher explained the strip maps which depicted the types of
trees, shrubs and ground cover comprising the perimeter landscaping of the
development and responded to questions from Council.
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Mr. Radmacher described the trees and groundcover planned for the median and
streets intersecting the project.
The Acting City Manager suggested that the Council might want to discuss the
issue of street trees in front of each home including a recommendation from
Councilmember Kerry in an attempt to avoid the types of problems that have
occurred in previous tracts without parkways where city trees have been
removed. Councilmember Kerry suggested that the homeowner be given the
opportunity to chose the type of tree. There followed discussion about trees
being planted in the easement and the consensus of the Council was to have the
developer plant the residential lot trees using types consistent with the
current City practice.
SENIOR HOUSING DEVELOPMENT PROJECTS: Ms. Pam Eicholtz of GRC Redevelopment
Consultants, Inc, requested that the Council review the Request for
Qualifications and provide GRC with feedback on the parameters that were to be
included in the request.
The Acting City Manager recommended that this item be continued to September
10, 1990 in order to coincide with the joint meeting of the Cypress Elementary
District Board and requested Council input on the property issues.
Councilmembers Kerry and Bowman reported on their meeting with the Cypress
Elementary School District.
Ms. Eicholtz advised that, under state law, density bonuses have to be
provided for the project and outlined those requirements. After further
discussion, the Council deferred discussion of this item to a date uncertain.
CLOSED SESSION: Mayor Age called a recess to enable the Council to enter
closed session to discuss matters of litigation. The meeting reconvened at
9:06 p.m, with all Councilmembers present.
ADJOURNMENT: Mayor Age adjourned the meeting at 9:07 p.m. to Wednesday,
August 8, 1990 at 11:30 a.m., City Council Chamber, 5275 Orange Avenue.
OR F THE CITY 0 CYPRES
ATTEST:
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CITY RK OF HE CITY CYPRESS
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