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Minutes 90-09-10 ~i MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 10, 1990 A Regular Meeting of the Cypress City Council was called to order at 4:40 p.m., Monday, September 10, 1990, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia Age presiding. PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex and City Attorney Jerry Patterson. RECESS: Mayor Age immediately recessed the meeting to allow the Councilmembers to convene in the Administrative Conference Room, Cypress City Hall, 5275 Orange Avenue where they conducted oral interviews of the five candidates applying for the two vacancies on the Cultural Arts Commission. WORKSHOP SESSION: Review Preliminary Schematic Plans and Elevation of the Proposed Cypress Senior Citizens Center. Recreation & Park Director Marvin DeCarlo introduced the participants in the workshop session: Elizabeth Ladowitz, Warnecke Associates; Frank Sata, Frank Sata Associates; Pam Eicholtz, GRC Redevelopment Consultants; Mary Dobrick, Chairman of the Senior Citizens Commission; and Recreation & Park Staff members Ruth Raheb and Ron Thomas. Mary Dobrick described the Senior Commission"s role in coordinating ideas and the open meeting held for public testimony on the proposed Senior Center last Thursday. She reported that the Senior Citizens Commission is very happy with the plans for the proposed Senior Center. Mr. Sata shared with the Council the procedure that is followed in the development process. The final plan specifications wilt be identified to reflect the costing and the philosophy of the city and the kinds of materials used in the construction of the Center. Mr. Sata briefly reviewed the process and presented conceptual designs and a mockup of the proposed center. Councilmember Bowman asked about the easement for the Fire Department, a determination if there is sufficient room for a Fire Department turn around, and if it will definitely impact the Senior Center site plan. Pam Eicholtz will check and determine who has the easement title. Mr. DeCarlo asked for more direction from the Council on the quality of construction. Mr. Sata stated that the finishes on the building need to be discussed and would be part of the costs. Mayor Age asked if different types of building treatments could be shown to the Council. Mr. Sata stated that in the Design Development Phase, a breakdown of costs of all the materials proposed would be given to Council. After some discussion on building materials, finishes and costs, the consultants will report to the Council at the October 8 meeting with alternative costs on different kinds of building materials and structures, with a final report presented on October 29. During the second phase of the Workshop Session, staff member, Ms. Jamie Herbon, presented a program on Solid Waste Management Program and the City's recycling efforts. The state has issued mandates and, in conjunction with the County of Orange, the City is making an effort to meet those mandates and generate programs which will deal with the ongoing problem of solid and Hazardous waste materials disposal. Following the Solid Waste presentation, Police Chief Wicker showed a video presentation dealing with gangs and gang activity. Mayor Age reconvened the meeting in the Council Chamber at 7:40 p.m, with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members DeCarlo, Hamlin, Hill, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold. 1 f: City Council Minutes September 10, 1990 PRESENTATIONS: Mayor Age presented a proclamation to Ms. Laura Smilkstein of Copley/Colony Cablevision of Cypress honoring "Local Cable Programming Week," September 9 through 15, 1990. Ms. Smilkstein thanked the Council and apprised them of the special programs that would be telecast during that week. Mayor Age presented the Great Neighbors Award to Richard and Sharon Wilber, along with a letter commending them for their hard work during "Neighborhood Improvement Month" in June of this year. This was the first presentation of iµ~ the perpetual plaque signifying recipients of the Great Neighbors Award. Ms. Joyce Finck, Cypress Grad Night Chairman, shared the most recent Grad Night scrapbook with the Councilmembers and thanked them for their support. She also presented each Councilmember with a Grade Night T-shirt and tote bag. Pictures of Grad Night decorations were sent to a national competition and the decorations received a 4th place prize. Ms. Joyce Nicholson, President of the Buena Park/Cypress/La Palma Board of Realtors, and Pat Ochoa, a Director of the Board of Realtors and their D.A.R.E. Representative, presented Police Chief Daryl Wicker with a 1525.00 check for the D.A.R.E. Program. Chief Wicker expressed his thanks for their support. Chief Wicker also acknowledged a donation of 5200.00 made to the D.A.R.E. Program on Saturday by Region 154 of the Cypress AYSO. Councilmember Bowman suggested that the D.A.R.E. video tapes that are made at each of the elementary schools be shown during Council meeting recesses. Mayor Age requested that Chief Wicker review the new program involving drug enforcement and education and gangs. Chief Wicker described the efforts that will be turned toward gangs and gang activity. The department is working with the school district to develop a curriculum of gang education from the second through the sixth grades. Mayor Age announced that the 5:30 portion of the Agenda will be held after the completion of the 7:30 Agenda. The City Manager reviewed the interviews conducted and discussions held during the 4:30 Workshop Sessions and the 5:30 portion of the Agenda will be discussed at the end of the meeting, along with a request for a closed session for the purpose of personnel and litigation matters. ORAL COMMUNICATIONS: For Matters Not on the 7:30 Agenda. Mr. Joe Hardcastle, 4588 Blanca Orive, Cypress, asked that the 72 hour parking ordinance be reconsidered as two of his cars were noticed that they might be in violation of this ordinance. The Police Department informed him that they notice a vehicle when a complaint is received. He believed the ordinance to be ridiculous, serving no useful purpose and should be changed to two weeks. After further discussion, Mayor Age asked the Police Chief to prepare a report on this issue for Council review at the next meeting. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO DEVELOPMENT AGREEMENT N0. 90-1 FOR THE CYPRESS BUSINESS AND PROFESSIONAL CENTER: Mayor Age opened the public hearing. The staff report dated September 5, 1990 indicated that staff requested a continuance of this item. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the meeting of September 24, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - UZUSHIO RESTAURANT 10545 VALLEY_VIEW STREET, CYPRESS: The hearing was opened by Mayor Age. The City Manager presented the staff report dated r City Council Minutes September 10, 1990 September 5, 1990, which indicated that an application had been received for a Live Entertainment Permit to allow a sing-along with audience participation (Karaoke), Monday through Saturday, from 9:30 p.m. to 2:00 a.m. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices on this matter are on file in the Office of the City Clerk. Mr. Masataka Tachikawa, owner of Uzushio Restaurant, 10545 Valley View Street, Cypress, explained the Karaoke, which is a sing-along with video tape, to be conducted from 9:30 p.m. to 1:30 a.m. Responding to Councilmember Kerry, Mr. Tachikawa replied that the restaurant will be closed at 10:00 p.m., then the Karaoke will start and remain open until 1:30 a.m. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to unconditionally approve the Live Entertainment permit. Council reserves the right to reconsider the granting of the entertainment permit in the event that noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILM~MBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-6. OFF-SITE SALE OF BEER AND WINE, SAVE A MILE CONVENIENCE MARKET 4021 ORANGE AVENUE: Mayor Age declared the public hearing open. The Interim Planning Director summarized the staff report dated August 20, 1990, which represented a request for the offsite sale of beer and wine within a previously approved convenience market at 4021 Orange Avenue. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. On April 9, 1990, the request for a conditional use permit was approved only for the establishment of the convenience market and the applicant is now returning with a second request for the inclusion of the offsite sale of beer and wine. The applicant has stated that the denial of this request will create a financial hardship resulting in the closure of his business. Responding to Councilmember Arnold, the City Attorney answered that if the record indicated that the applicant had withdrawn his request for the sale of beer and wine, then he is entitled to bring the request back at this time. Mr. Ayoub S. Obeidi, 3501 East Katella, #102, Los Alamitos, stated he was granted a permit to open the convenience market, did his best to succeed without beer and wine but needs those sales to stay in business. He requested those customers asking to buy beer and wine to sign a petition. He mentioned the clean up and the improvements he has made to the site. Mayor Age asked if anyone wished to speak in support of the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he does not support the sale of beer, wine, tobacco and other drugs but the granting of this request is an opportunity to bring tax money back into the City. The Mayor asked if anyone wished to speak in opposition to the application. Mr. Jerry McKenzie, 4050 Orange Avenue, Cypress, stated that he was here a few months ago dealing with this issue and he was under the impression that a convenience market would be allowed but the offsite sale of beer and wine would not. He reiterated the arguments that he had previously provided which were: litter problem, consumption of beer and wine near the market and the traffic problem. These problems are already occurring because of the existing convenience market selling beer and wine at the opposite corner and with a second such business, it"s bound to increase. As far as an improvement to the center, aesthetically he considers the appearance of grand opening signs and window signs a deterioration. Councilmember Kanel stated that it is difficult to deny the permit under the free enterprise system because of some litter. It appears that the applicant 3 ! D ~ ~4 City Council Minutes September 10, 1990 has attempted to improve the site and Councilmember Kanel didn"t believe the site had deteriorated. Mr. Obeidi stated that he closed his store no later than 8:00 p.m. He also stated that his neighbors across the street bring their trash and put it in his parking lot which he, in turn, places in his trash bin. Mayor Age asked again if anyone in the audience wished to speak in support of the application. Mr. Mike Richin, 11619 Malden Street, Cypress, commented that the applicant has a good deal of time and money invested in the store and there probably isn"t a convenience market in the area that didn"t sell wine and beer that survived. Mayor Age asked if anyone wished to speak against the application. Mr. McKenzie clarified that he is not against the individual requesting the offsite sale of beer and wine, he is against the noise generated from additional street traffic, the litter and trash. He is concerned that with the granting of the beer and wine license, the hours would be extended beyond 8:00 p.m. Mr. Obeidi stated that his maximum evening hour will be 8:00 p.m. Councilmember Kerry had asked what percentage of the store windows could be covered by signage and the Interim Planning Director responded that according to the Sign Ordinance, any signs that are painted on or attached to the inside of the window shall not exceed lOx of the window area. Responding to Councilmember Kerry, the applicant stated that his hours of operation are 7:00 a.m. to 8:00 p.m. and he will remove the signs from his window. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to close the public hearing and deny the amendment to Conditional Use Permit No. 90-6. Councilmember Arnold stated that the issue is whether or not the Council would change their previous opinion on the offsite sale of beer and wine at this site and whether it is appropriate for this business at this time. She didn"t believe it was a safe area, it is a very small shopping center and it would be a disservice to the citizens of Cypress by adding beer and wine. Councilmember Kanel commented that the same argument has been used previously as an example and he believed it was a bogus argument. Councilmember Bowman stated this is a unique site on a CN zone and he doesn't believe that this would be an appropriate use for the site. There appeared to be some confusion on the vote and the City Attorney clarified that an "aye" vote would be a vote to deny the amendment. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Arnold and Bowman NOES: 3 COUNCILMEMBERS: Kanel, Kerry and Age ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Kanel to close the public hearing, certify the Negative Declaration for Amendment to Conditional Use Permit No. 90-6 in accordance with the California Environmental Quality Act and approve the Amendment to Conditional Use Permit No. 90-6 complying with the approved conditions of the original CUP No. 90-6 and with the added condition that the hours of operation will be between 7:00 a.m. and 8:00 p.m., seven days a week and a condition on signage stating that once the sign ordinance becomes effective in the City of Cypress, the applicant would be required to comply immediately without a waiver period. Mayor Age will support the motion because the applicant has made every effort to clean the site. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Kanel, Kerry and Age NOES: 2 COUNCILMEMBERS: Arnold and Bowman ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 9:24 p.m. and reconvened at 9:33 with all Councilmembers present. 4 City Council Minutes September 10, 1990 CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-24. 5322 AND 5332 BISHOP STREET. ELEVATION CHANGE TO THE APPROVED 12 UNIT APARTMENT PROJECT: Mayor Age declared the public hearing open. -The City Manager called upon the Interim Planning Director to present the staff report dated August 29, 1990, which is a request for a change to the elevation of an approved twelve unit apartment complex located at 5322 and 5332 Bishop Street. When the CUP was originally approved, one of the conditions required of the applicant was the installation of a gravity flow storm drain system designed - to the satisfaction of the City Engineer. During the design process, it was discovered that it would not be feasible to install this system and the only alternative was to adjust the subterranean parking from the approved four feet below the natural grade level to two feet below. Mr. Tim Racisz, 3480 Torrance Blvd., Suite 300, Torrance, explained that they had designed a gravity flow drainage system but in order to do that, the finished grade of the building had to be raised two feet but with architectural treatment, the overall appearance was lower and wider than the original design. Mayor Age asked if anyone wished to speak in favor of the project. Mr. Michael Wilson, pastor of the First Baptist Church, 9131 Watson Street, Cypress, expressed his favor of the project as it improved the desirability of the surrounding area and will eliminate the trash collecting on the property. He suggested a 4-way stop be installed on the corner of Watson and Bishop. No one wished to speak in opposition to the project. Councilmember Kerry expressed her concern and did not want to set a precedent for three story structures. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality act and approve amendment to Conditional Use Permit No. 90-6. In response to Councilmember Kerry, the architect on the project clarified that the building was classified by the City as a two story building with the additional information being provided on the grading plan. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel, and Age NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-14 AIR CONDITIONER IN SIDE YARD. 5042 CITATION AVENUE: Mayor Age opened the public hearing. The Interim Planning Director reviewed the staff report dated August 31, 1990, which represented a request for a variance from the City of Cypress Zoning Ordinance to allow an existing air conditioning condenser in a side yard. In accordance with the California Environmental Quality Act, a Categorical Exemption Class 3 will be filed for the proposed project. Notices of this public hearing have been posted, published and mailed to all property owners within a 300-foot radius. The applicant, Robert Wade, 5042 Citation Avenue, Cypress, volunteered to answer any questions from Council. Mayor Age asked if anyone wished to speak in support of or in opposition to the application. No one wished to speak. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to close the public hearing and approve Variance No. 90-14 subject to two conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 90-15 46x LOT COVERAGE 10654 MAPLE STREET: Mayor Age opened the hearing. The Interim Planning 5 f ~ ~ ' ~ V City Council Minutes September 10, 1990 Director presented the staff report dated August 31, 1990, which represented a request for a variance from the City of Cypress Zoning Ordinance to allow 46x lot coverage resulting from a proposed building addition to the front of an existing single-family home. In accordance with the California Environmental Quality Act, a Categorical Exemption Class 1(e) will be filed for the proposed project. Notices of this public hearing have been posted, published and mailed to all property owners within a 300 foot radius. She reported that a letter had been received from Mr. and Mrs. John Zuccaro, 10664 Maple Street, Cypress, who indicated they are concerned that the proposed addition will block their view and limit the open space. Mr. Harry Darter, the contractor for the applicant, 8372 Kilarney Road, Garden Grove, stated that several of the houses up and down the street have been remodeled in the same manner as this proposed addition. Mayor Age asked if anyone wished to speak in favor of the application. Mr. James Holland, 10361 Lorraine Lane, Cypress, commented that the applicant is in trouble only because his lot is smaller otherwise the addition would have been built in the back. The neighbor"s picture window is of no consequence here. No one wished to speak in opposition to the application. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to close the public hearing and approve Variance No. 90-15 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-21, U-HAUL RENTAL SERVICE. 4912 BISHOP STREET: The public hearing was declared open by . Mayor Age. The Interim Planning Director reviewed the staff report dated August 30, 1990, which represents a request to operate a U-Haul Truck Rental Service at 4912 Bishop Street. A Negative Declaration will be filed in accordance with the requirements of the California Environmental Quality Act. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. Mr. and Mrs. Frank Correa, 4906 Bishop Street, Cypress, did meet with staff and voiced their suggestions. A call was also received from Mrs. Therese McCormack, 9130 Esther Street, Cypress, who did not indicate any specific concerns but stated opposition to any commercial development of the site. Mr. Nasr Semaan, 9051 Moody Street, Cypress, stated he now has a U-Haul Rental on the corner of Moody and Bishop and he wishes to relocate his business in case he looses his lease at the present location. If he receives approval he may start construction by the end of this year. Councilmember Kerry expressed concern about the trucks parked next to the east wall of the site. Mayor Age asked if anyone wished to speak in support of the project. No one did so. She asked if anyone wished to speak against the project. Frank and Janet Correa, 4906 Bishop Street, Cypress, expressed their concern about the excess number of trucks and parking them on the street. They live next door to the proposed site, they were concerned about the additional traffic and presented pictures of the U-Haul trucks parked in the street. Mr. Correa expressed concern about the gasoline tanks on the trucks and the possible fire/explosion danger to the neighborhood. Councilmember Kanel suggested that the Fire Department be contacted and they might require a certain amount of spacing between the parked trucks. He also suggested the possibility of continuing this matter to the meeting of September 24, 1990 and possibly a video taken of the site. Mr. Semaan promised that he would not park any truck on the street and he would tell all his customers not to park on the street. He stated he currently has only nine local trucks and that number would not exceed 16 trucks. 6 F, ~ L 4,a City Council Minutes September 10, 1990 Councilmember Arnold expressed concern about the number of trucks and the gasoline and would support Councilmember Kanel's suggestion to continue the item and review with additional pictures or an onsite inspection. Mr. Harry McPheeters, an employee of the U-Haul Corporation, stated that the nine trucks are assigned to Mr. Semaan's location on a permanent basis and anything over that would be a one-way truck that would be coming or going within 24 hours. Responding to Councilmember Bowman, the City Attorney advised that if the applicant is not in compliance with existing code, it can be enforced but the City cannot add any new conditions at this time. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to continue this item to the September 24, 1990 meeting. He also requested staff provide a more detailed report plus a video of the site. Responding to Councilmember Kanel, the City Attorney advised that if the Councilmembers wish to visit the site, they should so indicate their visit and what they saw. He also advised that the hearing remain open; that there not be any conversation or testimony with anyone. Councilmember Kerry asked that any confusion as to the property line be resolved, if sidewalks are to be included and how far the building is set back from the sidewalk and a 20 foot setback would seem most appropriate. Councilmember Arnold asked if a sign could be placed on the street prohibiting the overnight parking of U-Haul trucks and Mayor Age asked that staff review the hazardous material aspect of the flammables on project. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Age announced that she would like to pull some items forward and take all the Cypress Homes public hearings at one time because she will be absenting herself from the meeting because Cypress Homes has taken a loan from Security Pacific Bank, she is an employee of that bank; therefore, it is a conflict of interest for her to vote on those items. Mayor Age moved Items No. 28 and 29 forward. CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP N0. 14365 12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION 8212 GAY STREET: Mayor Age declared the public hearing open and indicated that the staff report dated September 4, 1990 requested this item be continued. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to continue this item to September 24, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP N0. 90-2b3 DIVIDE ONE PARCEL INTO FOUR TO CONSTRUCT FOUR SINGLE-FAMILY HOMES 8232 GAY STREET: Mayor Age opened the public hearing and referred to the staff report dated September 4, 1990, which requested that this item be continued. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the meeting of September 24, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None At 10:35 p.m., Mayor Age left the meeting and Mayor Pro Tem Kanel chaired the meeting. CONSIDERATION OF PUBLIC HEARING RE: FORMATION OF COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS LEVY OF SPECIAL TAX ISSUANCE OF BONDS AND CERTAIN RELATED ACTIONS: Mayor Pro Tem Kanel called upon the City Manager who announced that the notices of public hearings have 7 City Council Minutes September 10, 1990 been given and those Affidavits of Publication and publication of both the formation of the district and authorization of the Special Tax and the notice to incur bonded indebtedness are on file. The City Attorney reviewed the staff report dated September 4, 1990 which indicated the City Council agreed to examine a public-private financing method for the construction of certain public improvements that would be needed in the Sorrento residential project. The consultants to the project recommended the creation of a Community Facilities District, declared the City's intent to form a Community Facilities District and issue bonds to be secured by a special tax which would finance certain improvements within the Community Facilities District. He provided a brief overview of the order of procedure for the conduct of the public hearings and the election in connection with the Community Facilities District. He then introduced Maryann Goodkind, Burke, Williams, Sorensen and Gaar, Bond Counsel, and stated that there was a representative present from each of the consulting firms. Ms. Goodkind explained that the first Resolution would amend the funding and acquisition agreement that came before the City Council in February 1990, amending Exhibit "D", which would include the grading of certain public streets as an eligible improvement to be funded by the Community Facilities District. At the conclusion of the public hearing, four Resolutions will be presented to Council. The first of these Resolutions determines if there were any protests from qualified electors during the public hearing and approves the Community Facilities Report as submitted or as modified. The second Resolution formally establishes the Community Facilities District, approving the rate and method of the special tax for the district, establishes the appropriations limit for the district and calls for an election which will be held on the same evening, September 10. She briefly described the three Exhibits to this Resolution. The third Resolution sets out the necessity to issue bonds to be secured by the special tax for the purpose of financing the public improvements and calls an election on the issuance of such bonds by the qualified electors within the district. The fourth Resolution approves a form of a Joint Community Facilities Agreement with the Anaheim Union High School District, which provides that the Community Facilities District will include Cypress Homes' c school fee obligation to Anaheim Union High School District in the financing. The second Resolution, which establishes the Community Facilities District also directs the City to file a notice of determination and approve a Negative Declaration on the project of forming the District. After the public hearing and, if the Council so chooses, the election will take place and the City Council is requested to take action on two more actions. The first is a Resolution declaring the results of the election. It also authorizes staff and consultants to file a validation action for the formation of the District and the levy of the speciai tax. In addition, this Resolution includes the certificate of the election official and the statement of all the votes that were cast. The last action is the first reading of an Ordinance which would authorize the levy of the special tax in the form and at the rate and method previously approved by the Council. Ms. Goodkind volunteered to answer any questions. Councilmember Kerry asked why there was an amendment being made to include the onsite streets and Ms. Goodkind responded that the agreement was to construct S10 million worth of improvements and in order to arrive at the t10 million, the improvements that were bypassed initially were considered and it was felt that the grading would be appropriate to add. Ms. Angel Lucero, representing Willdan Associates, special tax consultants who prepared the community facilities district report, stated there is a description of the list of facilities and included is parkway landscaping. The cost estimate is $14,840,542.00 and the maximum special tax rates for the two classifications of lots are $2,151 for the smaller and 32,581 for the larger. Responding to Councilmember Bowman, Ms. Goodkind stated that the Resolution addressing the necessity to incur bond indebtedness can be amended from 40 years to not to exceed 25 years. There was further discussion and explanation on the bond indebtedness, the amount of interest and the number of years, who is liable or responsible on the bonds if the special taxes are delinquent and the assessed value of the property. 8 S,~ City Council Minutes September 10, 1990 Councilmember Bowman asked who guaranteed the loan and Ms. Goodkind replied that there are no guarantees and the underlying value of the land is the basis of the security for the loan. Mr. John White, Seidler Fitzgerald Public Finance, stated that the majority of Mello-Roos bonds are nonrated so they do have an insurance policy or carry a letter of credit and this is the type of structure proposed by the consultant for this issue. The security would be the special tax and the land value which is valued over three times the amount of bonds issued. It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, amending the funding and construction agreement with Cypress Homes. RESOLUTION N0. 3818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE FUNDING AND CONSTRUCTION AGREEMENT WITH CYPRESS HOMES, INC. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age The City Attorney advised that now was the time for the public hearing to be opened and to hear the protest side. Mayor Pro Tem Kanel opened the public hearing relating to the formation of the Community Facilities District, the authorization to levy a special tax, establishment of an appropriation limit of 515,500,000 and the authorization to incur a bonded indebtedness. These hearings will be consolidated and heard at once; however, individual actions will be taken as appropriate. The City Manager announced that the notice of public hearings and Affidavit of Publication of these notices are on file and no written protests have been received. Mayor Pro Tem Kanel asked if anyone wished to speak in opposition to the request. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that no one lives in the area, there"s going to be an election and only one person is going to vote. He spoke for the 3,000 people that will be living there. It is adding approximately 5100,000 to the price of each house in taxes plus interest. He asked where does the redevelopment agency come into this as he didn"t realize that the City would be going into redevelopment to build this project. After some discussion, the City Manager explained that the Mello-Roos is a method of financing various improvements in cooperation with the developer by selling bonds on the open market at a better rate than what the developer could have obtained had they developed without the District. No one else wished to speak against the request. Mayor Pro Tem Kanel asked for a motion to close the public hearing. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Arnold and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, making preliminary findings. RESOLUTION N0. 3819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING A FINAL REPORT. The motion unanimously carried by the following roll call vote: 9 4 0 City Council Minutes September 10, 1990 AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Bowman and seconded Arnold to adopt the Resolution by title only, title as follows, declaring and establishing Community Facilities District No. 1. RESOLUTION N0. 3820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES), PROVIDING FOR THE LEVY OF A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING FOR A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age Mayor Pro Tem Kanel read the title of the following Resolution and Councilmember Bowman requested some changes, i.e., Section 5, "40 years" to be changed to "25 years" and Section 6, change "...12x per annum or the maximum interest rate permitted by law...," eliminate "the maximum interest rate permitted by law" and change the "12x" to "9x." Ms. Goodkind advised the Council that the changes would have been before the Council in two weeks. The City Attorney suggested that the Council adopt the widest parameter and the consultants would bring back in two weeks what the Council is now requesting. ' Ms. Goodkind advised that in some instances the election takes place six months after the hearing so in those cases the Council would want to give themselves wide parameters. Because of the short time period and the fact that this will be considered in two weeks with the figures, she didn't believe that the risk of those numbers being unacceptable is that great at this time. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to adopt the Resolution, by title only, title as follows, determining the necessity to incur bonded indebtedness including the changes so indicated. Councilmember Bowman asked if the bonds sold at 9x and the market was 9.25x. Mr. John White responded that the bonds would have to be sold at a discount. He then outlined the various constraints. Two weeks from now, they were going to come to Council with the Resolutions approving the form of a purchase agreement and it will be executed subject to certain "not to exceed" parameters, which would be 9x and 25 years. It was never the intention to issue the bonds for 40 years or take the 12x, which is just a legal cap. After further discussion, Mayor Pro Tem Kanel stated that he believed that it should not be closed off and the figures should remain at 40 years and 12x, take the advice of the professionals and he intends to vote "no." RESOLUTION N0. 3821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED E15,500,000 WITHIN THE COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Arnold, Bowman and Kerry NOES: 1 COUNCILMEMBERS: Kanel ABSENT: 1 COUNCILMEMBERS: Age 10 City Council Minutes September 10, 1990 It was moved by Councilmember Arnold and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving a joint community facilities agreement with the Anaheim Union School District. RESOLUTION N0. 3822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE ANAHEIM UNION SCHOOL DISTRICT IN CONNECTION WITH THE COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age The City Clerk stated that he has received the Waiver of Election Procedures from the property owner which states that they are the property owners and they"ve cast their ballot. He then opened the ballot and announced that Propositions A and B each received one "yes" vote. He declared that the qualified electors have voted and the election is closed. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, declaring the results of a special bond and special tax election. RESOLUTION N0. 3823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS DECLARING THE RESULTS OF A SPECIAL BOND AND SPECIAL TAX ELECTION AND APPROVING CERTAIN RELATED ACTIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age The City Attorney introduced the last action of the City Council on this item. After some discussion, it was moved the Councilmember Bowman and seconded by Councilmember Arnold to approve the first reading of the Ordinance by title only, title as follows, authorizing the levy of a special tax. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue the City Council meeting past the hours of 11:30 p.m. and hearing no objection, Mayor Pro Tem Kanel so ordered. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE OWNER PARTICIPATION AGREEMENT WITH CY_P_RESS HOMES, INC The City Manager reviewed the staff report dated August 31, 1990, which indicated an agreement had been reached between the City, the Cypress Redevelopment Agency and Cypress Homes, Inc, to finance certain improvements on the Sorrento Homes development project. Ms. Goodkind, Burke, Williams, Sorensen & Gaar, called the Council"s attention to the Owner Participation Agreement, page 13, Section 2. Interest, the first line should be amended to read, "The note shall bear interest at the rate of 8X per annum compounded annually." The second change is on page 14, Section ll e' ~ ~ r' ~ City Council Minutes September 10, 1990 E. Note Principle Reduction, 7th line down, change both references to "March 1, 1997" to "March 1, 1998." After some discussion, the City Manager asked the developer to clarify that the Agreement referred to the site specific in terms of repayment. Ms. Molly Wittenberg, Cypress Homes, Inc., introduced John Yaeger, counsel for Cypress Homes, Inc. Ms. Wittenberg clarified that on page 11, under Item 9, that the tax revenues are only for the site specific and not for the general project area. Mr. Yaeger stated that it is very clear from the agreement that the tax revenues are only coming from the site. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving an owner participation agreement with Cypress Homes, Inc. RESOLUTION N0. 3824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN OWNER PARTICIPATION AGREEMENT WITH CYPRESS HOMES, INC., AND THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS (CIVIC CENTER REDEVELOPMENT PROJECT AREA). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCII.MEMBERS: Age At 12:08 p.m., the City Council, acting as the Cypress Redevelopment Agency, took action on CONTINUATION OF CONSIDERATION OF AN AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND CYPRESS HOMES, INC., PROVIDING FOR FINANCING OF CERTAIN IMPROVEMENTS REQUIRED BY THE SORRENTO HOMES DEVELOPMENT ON THE TEXACO TANK FARM. ' RECESS: Mayor Pro Tem Kanel called a recess at 12:11 a.m. The meeting reconvened at 12:16 a.m. with all Councilmembers present and Mayor Age presiding. CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF FINAL PARCEL MAP NO. 90-24.1 AREA BOUNDED BY CERRITOS AVENUE WALKER STREET, KATELLA AVENUE AND_DENNI STREET - CYPRESS DEVELOPMENT 4961 KATELLA AVENUE: The City Manager called upon the Assistant City Engineer to present the staff report dated August 29, 1990, which indicated the item was continued from August 27 to allow the applicant additional time to meet the conditions required. County approval had not been received at the writing of the report; however, subsequent surveyor"s approval has been received. City staff feels that the map cannot be finally approved until after the recordation of a lot line adjustment; however the applicant requested approval of the subject map tonight. The City Attorney commented that escrow closes Tuesday and there will be new owners and buyers regarding the golf course. He had no objection to Council's approval if it is subject to the City Engineer"s receipt of the information which is basically a new sheet showing who the new owners will be and a new title report showing any new encumbrances in parcel and lot lines. Mr. Tom Wood, 650 Town Center Drive, Suite 1110, Costa Mesa, representing Cypress Development, stated he has read the memo from the City Engineer and he accepted the conditions stated therein. He asked that the map be approved this evening subject to those conditions. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve Parcel Map No. 90-241 subject to conditions that must be met prior to the approval of the City Engineer and City Clerk. The motion unanimously , carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR ADDITIONAL FUNDING FROM JOHN E. HALL III, MUSIC DIRECTOR/CONDUCTOR OF THE CYPRESS POPS ORCHESTRA: The City Manager presented 12 / / City Council Minutes { September 10, 1990 the staff report dated September 5, 1990 which indicated that an additional funding of 56,500 would be needed to cover the costs of the two remaining concerts of the Cypress POPS Orchestra for this year. Also, a request from Mrs. Marie Hall was made asking the Council to consider purchasing tickets for the Councilmembers and Recreation and Park District management personnel for the Musical Soiree to be held on Sunday, September 23, 1990 at the Ramada Inn. Mr. John Hall, 5662 Cynthia Lane, Cypress, Music Director/Founder of the Cypress POPS Orchestra, requested additional funding from Council for the ' remaining two concerts of the Fall season. He expressed his appreciation for the consistent help received from the City Council, the City Manager's office and the Recreation and Park District. Mr. Carl Eriksen, Member of the Cypress POPS Orchestra Board of Directors, 5832 Crestview Cr., La Palma, mentioned that there was a cancellation of the proposed Los Alamitos Race Track Concert and the owners of the track had donated a car which would be the source of the fund raising. He mentioned the Musical Soiree, a fund raising event, that would be held at the Ramada Inn on September 23, 1990. Councilmember Bowman had asked how much money was received in donations by the Cypress POPS and Mr. Eriksen responded that approximately 527,000 has been raised. Mrs. Marie Hall stated that the accountant is Chuck Fedak and explained the donation of an 311,000 piece of equipment from Panasonic. Mr. John Hall stated, even with funding from the City, they will probably be cancelling both Fall concerts and only hold the December 9, 1990 event. However, if additional funds cannot be raised from the City or through the business community the December 9, concert will be in jeopardy. The Musical Soiree will hopefully bring in 34000 to 35000 profit which will help cover the children"s concert. After some discussion, Councilmember Kanel suggested that this matter might be continued to determine if some corporate funding might be acquired by the Cypress POPS in the meantime. He also wondered if the City would consider matching funds for the Holiday concert. Councilmember Bowman asked the Halls to provide their full financial statement, which would clarify the amount of cash on hand. After further discussion, Mayor Age stated that the City is over budget for donations and if the Cypress POPS is to be continued, she will vote to continue the Cypress Little League because these would be non-budgeted funds. She wanted the Halls to understand her position that she has stayed close to the budget and believed in being consistent. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to continue this item to the September 24, 1990 meeting and, in the meantime, determine what transpires in terms of fund raising in the next two weeks. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None On the second part of the request, it was moved by Councilmember Kanel and seconded by Councilmember Kerry to purchase tickets to the Musical Soiree for those Councilmembers and Recreation and Park District Management staff that wished to attend the event. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Kanel and Kerry NOES: 3 COUNCILMEMBERS: Arnold, Bowman and Age ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING LEAF BLOWERS: It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue this item to the September 24, 1990 Council meeting. The motion unanimously carried by the following roll call vote: 13 /o /i ~ ~ ~ : 4 4 City Council Minutes September 10, 1990 AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF THE CYPRESS ZONING ORDINANCE: It was moved by Councilmember Bowman and seconded by Councilmember Kanel to continue this item to the Council meeting of September 24, 1990. The motion unanimously carried by the following roll call vote: ~ µ AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROPRIATION OF FUNDS TO REIMBURSE CYPRESS LITTLE LEAGUE WOR~.D SERIES EXPENSES: Mayor Age referred to the staff report dated August 29, 1990, which indicated that the City Council had expressed its desire to contribute to help defray the costs of sending the team to Pennsylvania for the Little League World Series. Councilmember Kanel mentioned that he had send 51,500 of his money to the Little League as an emergency fund. Councilmember Arnold stated that she supported what Councilmember Kanel had said about the Little League and asked what the requested amount of money was to be. Councilmember Kanel stated 56,500 was the amount requested and would like the 55,000 split into 52,500 for the Federal Little League All Stars and 52,500 to the "All Stars Parent Fund." It was moved by Councilmember Arnold and seconded by Councilmember Kerry to appropriate funds from the balance of the General fund to the Community Promotion Program Fund, Account No. 4163-11-117-02 in the amount of 56,500 to be allocated as follows: 52,500 to the Cypress Federal Little League All Stars, 52,500 to the "All Stars Parent Fund" and 51,500 to Councilmember Kanel. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPOINTMENTS TO THE GENERAL PLAN UPDATE - CITIZENS ADVISORY COMMITTEE: It was moved by Councilmember Arnold and seconded by Councilmember Bowman to continue this item to the meeting of September 24, 1990. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 40919 - 41186: It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the Warrant List for Warrants No. 40919 through 41186 in the amount of 5828,132.11. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Recreation and Park District Matters: CONSIDERATION OF PROGRAM FEE INCREASES AND NEW PROGRAM CLASSES/FEES: The staff report dated August 29, 1990 recommended that the program fee increases and new program classes/fees be implemented for "Extended Day Care Program," "Theatre Workshop for Children," "Youth Basketball" and several new classes for the Winter 1991 session. It was moved by Councilmember Kerry and seconded by Councilmember Bowman that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the fee increases and new classes as recommended by the Cypress Recreation and Community Services Commission. The motion unanimously carried by the following roll call vote: 14 City Council Minutes September 10, 1990 AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 1:12 a.m. to enable the Council to act as the Redevelopment Agency. The meeting reconvened at 1:12 a.m. with all Councilmembers present. Mayor Age asked if the Council wished to consider the applicants for the Cypress Cultural Arts Commission at this time. Councilmember Kanel moved the nomination of Penny Miner and Brian Mann. The nomination was seconded by Councilmember Arnold. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS; None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Bowman and seconded by Councilmember Kerry to appoint Penny Brown as an alternate to the Cypress Cultural Arts Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RENEWAL OF CONTRACT WITH SIGNAL MAINTENANCE INC. FOR TRAFFIC SIGNAL MAINTENANCE SERVICES CITY OF CYPRESS PROJECT N0. 8534: The City Manager referred to the staff report dated August 29, 1990, which indicated that Signal Maintenance, Inc. is willing to extend the length of the contract for an additional three-year period per the current agreement for traffic signal maintenance. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to approve the renewal of the traffic signal maintenance contract with Signal Maintenance, Inc., 2720 East Regal Park Drive, Anaheim, CA 982806, for a three-year period ending September 10, 1993, under the current terms. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR AN EXPANDED TRAFFIC STUDY FOR TWO PROPOSED CHURCH PROJECTS ON ADJOINING PROPERTIES AT THE SOUTHWEST CORNER OF CERRITOS AVENUE AND WALKER STREET: The City Manager referenced the staff report dated August 31, 1990, which indicated that an expanded traffic study is requested in order to facilitate a more accurate analysis of the cumulative impacts of the two church uses proposed on properties immediately adjacent to each other. Basmaciyan-Darnell, Inc, proposes to perform the services for a fee not to exceed $7,700.00. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the revision of Purchase Order No. 30403 to Basmaciyan-Darnell, Inc., 17701 Mitchell North, Ste. 101, Irvine, CA 92714 adding 53,300.00 to perform the additional services outlined in the scope of work. The revision of the purchase order shall be subject to the receipt of the full amount from Grace Church and First Church of the Nazarene for said work prior to authorization to proceed. The total revised amount of Purchase Order No. 30403 will be 57,700.00. The motion unanimously carried by the following roll call vote; AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Councilmember Arnold and Councilmember Kerry to approve the Consent Calendar Items No. 3 through 15. The motion unanimously carried by the following roll call vote: 15 ~ '46 September 10, 1990 City Council Minutes AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 3: Consideration of Approval of City Council Minutes of August 27, 1990. Recommendation: That the City Council approve the Minutes of August 27, 1990, as submitted. r Item No. 4: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Design Review Committee's Approval of DRC 1190-6 (Phase 2). Recommendation: Receive and file. Item No. 6: Consideration of Proclaiming September 13, 1990, as "D.A.R.E." Day • . . Recommendation: That the Mayor and City Council officially proclaim September 13, 1990, as "D.A.R.E." Day in the City of Cypress. Item No. 7: Consideration of Claim Filed by Russell Blakeman. 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 No. 8: Consideration of Proclaiming October 1990, as "Escrow Month". Recommendation: That the Mayor and City Council officially proclaim the month of October 1990, as "Escrow Month" in the City of Cypress as requested. Item No. 9: Consideration of Proclaiming October 1 - 5, 1990, as "California Rideshare Week" and October 3, 1990, as "Keep California Moving Day". Recommendation: That the Mayor and City Council officially proclaim October 1 - 5, 1990, as California Rideshare Week" and October 3, 1990, as "Keep California Moving Day" in the City of Cypress. Item No. 10: Consideration of Proclaiming October 14 - 20, 1990, as "Ending Hunger Week" and October 16, 1990, as "World Food Day". Recommendation: That the Mayor and City Council officially proclaim October 14 - 20, 1990, as "Ending Hunger Week" and October 16, 1990, as "World Food Day" in the City of Cypress. Item No. 11: Consideration of Recommendations of the Traffic Commission Meeting of August 21, 1990. Recommendation: That the City Council approve the recommendations of the Traffic Commission and adopt the Resolution by title only, title as follows, providing "No Parking Anytime" areas at the following locations: 1) The north side of Orange Avenue, 30" east of the driveway at 6101-6133 Orange Avenue; and 2) The west side of Bloomfield Street, 40" south and 80" north of the existing bus stop at 9119 Bloomfield Street. RESOLUTION N0. 3825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING ANYTIME" AREAS ON PORTIONS OF ORANGE AVENUE AND BLOOMFIELD STREET. Item No. 12: Consideration of Proclaiming September 9 - 15, 1990, as "Local Cable Programming Week". Recommendation: That the Mayor and City Council officially proclaim September 9 - 15, 1990, as "Local Cable Programming Week" in the City of Cypress. Item No. 13: Continuation of Consideration of Claim Filed by Sheri Ann Moss. 16 .'a City Council Minutes September 10, 1990 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. Recreation & Park District Matters: Item No. 14: Consideration of Appointments to the 1990-91 Youth Commission. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, ratify staff's recommendations for the 1990-91 Youth Commission and Task Force as outlined in the report. Item No. 15: Consideration of Donation of Funds Received From Paramount Iceland, Inc. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, formally accept the donation in the amount of 5500.00 from Pacific Iceland, Inc., and appropriate 3500.00 from the Cypress Recreation and Park District General Fund Balance to Account 4104-12-324-10 for the use in the Extended Day Care Program. END OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kanel and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, denying CUP No. 90-8. RESOLUTION N0. 3826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT N0. 90-8 (ELEVEN UNIT MOTEL, 5271 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, denying amendment to CUP No. 78-18. RESOLUTION N0. 3827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AMENDMENT TO CONDITIONAL USE PERMIT N0. 78-18 (EXPAND SALE OF BEER AND WINE TO INCLUDE OFF-SITE SALE OF GENERAL ALCOHOL AT J&B FOOD MART, 4490 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Arnold and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 90-19. RESOLUTION N0. 3828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 90-19 - WITH CONDITIONS (FORMER SCOTTY'S MARKET AND CONSTRUCTION OF THREE COMMERCIAL STRUCTURES, 6401-25 BALL ROAD). The motion unanimously carried by the following roll call vote: 17 4~ City Council Minutes September 10, 1990 AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Arnold to adopt the Resolution by title only, title as follows, granting Variance No. 90-13. RESOLUTION N0. 3829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A TEN FOOT (10") REAR SETBACK - VARIANCE N0. 90-13 (6401-25 BALL ROAD). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. James Holland, 10361 Lorraine Lane, Cypress, mentioned that the money donated to the Cypress Little League was a tremendous boost for the City of Cypress. This was the first City Council meeting he has attended and will not be the last. He commented about the dirt and debris on the Council steps and suggested that Maintenance clean thosQ steps before the Council meetings. The City Manager stated that the steps would be cleaned. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Age recessed the meeting at 1:20 a.m. to allow the Council to enter into a Closed Session for purposes of personnel and litigation. The meeting reconvened at 1:35 a.m. ADJOURNMENT: Mayor Age adjourned the meeting at 1:35 a.m. M~ 0 OF THE CITY OF CYPR ATTEST: < _ CITY LERK F THE C Y OF CYPRESS 18