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Minutes 90-09-24 rl / f a~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 24, 1990 A Regular Meeting of the Cypress City Council was called to order at 5:39 p.m., Monday, September 24, 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 Acting City Manager Robert Beardsley, City Attorney Jerry Patterson and staff members DeCarlo, Hamlin, Hill, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. 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. Councilmember Kanel requested that Item No. 11, Consideration of On-Street Parking - 72 Nour Statute, be deferred to the 7:30 session to be heard during Oral Communications. Councilmember Kerry asked that Item No. 10, Consideration of Monthly Investment Program for the Month of August 1990, be removed from the Consent Calendar for discussion. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the Consent Calendar Items No. 1 through 15 with the exception of Items No. 10 and 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 Item No. 1: Consideration of Approval of City Council Minutes of September 10, 1990. Recommendation: That the City Council approve the Minutes of September 10, 1990, as submitted. Item No. 2: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 3: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Tiburcio L. Mendoza, D.B.A. Rancho Mendoza, 6197 Ball Road, Cypress. Recommendation: Receive and file. Item No. 4: Consideration of Proclaiming October 7-13, 1990, as "Fire Prevention Week". Recommendation: That the Mayor and City Council officially proclaim October 7-13, 1990, as "Fire Prevention Day" in the City of Cypress. Item No. 5: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Frank Sahagun, D.B.A. Mr. Mug, 5892 Lincoln Avenue, NA, Cypress. Recommendation: Receive and file. Item No. 6: Consideration of Departmental Designation for the Preparation of the Source Reduction and Recycling Element. 1 City Council Minutes September 24, 1990 Recommendation: That the City Council designate the Administration Department as the department responsible for preparing the Source Reduction and Recycling Element and to direct staff to notify the California Integrated Waste Management Board of said designation. Item No. 7: Consideration of Acceptance of Final Parcel Map No. 88-267 (Southwest corner of Katella and Valley View). Recommendation: That the City Council approve Final Parcel Map No. 88-267 and accept the bond for public improvements, in the amount of !1,900,000, which is not less than 50x nor more than 100x of the total improvements and authorize the City Clerk to sign the Record Map. Item No. 8: Consideration of Design Review Committee's Approval of DRC #90- 27. Recommendation: Receive and file. Item No. 9: Conside~~ation of Appropriation of 1989-90 Encumbrances - City. Recommendation: That the City Council: 1) Authorize appropriations per the worksheet (Exhibit A) totaling 52,522,145 to the funds listed below: General Fund 11 51,803,041 2106 Gas Tax Fund 22 438,850 Central Services Fund 90 114,332 Sanitary Sewer Fund 41 40,000 Community Redevelopment Fund 35 73,571 Street Lighting Fund 25 2,250 Drainage Fund 26 50,101 and 2) Authorize estimated revenues for Capital Projects per the worksheet (Exhibit B) totaling 1222,000 to the funds listed below: General Fund 11 S 76,000 2106 Gas Tax Fund 22 146,000 Item No. 12: Consideration of Claim Filed by CNA Insurance Companies for Their Insured, Roxie Hengstenberg. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren b Co., for appropriate disposition.' Item No. 13: Consideration of Adoption of a Resolution Setting the Time and Place for a Public Hearing Regarding a Proposed Parcel Merger Ordinance. Recommendation: That the City Council adopt the Resolution by title only, title as follows, calling for a Public Hearing on November 13, 1990, regarding a proposed Ordinance which would allow the merger of contiguous parcels. RESOLUTION N0. 3830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO OBTAIN TESTIMONY FROM ALL INTERESTED PERSONS REGARDING A PROPOSED ORDINANCE WHICH WOULD ALLOW THE MERGER OF CONTIGUOUS PARCELS. Recreation & Park District Matters: Item No. 14: Consideration of Claim Filed by Robert K. Weinberg, Attorney at Law, On Behalf of Linda M. Sergio for Paul Eugene Sergio, a Minor. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, officially reject the subject claim and refer it to the City/District's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 15: Consideration of Appropriation of 1989-90 Encumbrances - Recreation and Park District. 2 % <f City Council Minutes September 24, 1990 ~ 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 worksheet for encumbrances and capital projects totaling 5650,023 to the General Fund and t17,Ol1 to the Central Services Fund, and authorize estimated revenues in the amount of 5547,263 to the General Fund. END OF CONSENT CALENDAR Regarding Consideration of Monthly Investment Program for the Month of August 1990, Councilmember Kerry suggested that an alternative be considered for the Mercury Savings account that is coming due this month. The Finance Director advised that 5401,000 had already been received from Mercury Savings and the remaining 599,000 is insured. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to receive and file. 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 ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving amendment to CUP 90-6. RESOLUTION N0. 3831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-6 - WITH CONDITIONS (OFF SITE SALE OF BEER AND WINE - CONVENIENCE MARKET, 4021 ORANGE AVENUE). 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 It was moved by Councilmember Bowman and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 89-24. RESOLUTION N0. 3832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-24 (REVISE ELEVATION OF APPROVED 12-UNIT APARTMENT COMPLEX, 5322 AND 5332 BISHOP STREET). 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 It was moved by Councilmember Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, to grant Variance No. 90-14. RESOLUTION N0. 3833 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 AN AIR-CONDITIONING UNIT IN THE SIDE YARD OF A SINGLE-FAMILY RESIDENCE - VARIANCE N0. 90-14 (5042 CITATION AVE.). 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 3 . ~t ~r.~ ~ ~ City Council Minutes September 24, 1990 ~ It was moved by Councilmember Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance No. 90-15. RESOLUTION N0. 3834 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 46x LOT COVERAGE - VARIANCE N0. 90-15 (10654 MAPLE STREET). 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 Arnold to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance authorising the level of a special tax. ORDINANCE N0. 855 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 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 Age abstained due to a conflict of interest. Councilmember Bowman referred to a letter received from Gray Davis which addressed the allocation of the gas tax. He asked if these were the matching funds referred to in Measure M. In response to Councilmember Bowman's question on Prop 111, the Finance Director answered that the requirement is that the same amount of money be spent as in the past. The Acting City Manager suggested that staff review what funding the counties and cities have to maintain in order to qualify to receive monies from Prop 111. Councilmember Bowman acknowledged that the new budget booklet had been received and he had some questions on redevelopment money, which were answered by the Finance Director. CLOSED SESSION: Mayor Age recessed the meeting at 5:51 p.m. to enable the Council to enter Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:38 p.m. with all Councilmembers present and staff members DeCarlo, Hamlin, Hill, Storey and Wicker also present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kanel. PRESENTATIONS: Mayor Age presented Certificates of Appointment to newly- appointed Youth Commissioners Millie Nguyen, Kristen Olsen, Amy Vaughn and Daniel and Joseph Hahn. Certificates of Appointment were presented to the two new Cultural Arts ~-..,4 Commissioners D. Brian Mann and Penny Miner by Mayor Age. The Acting City Manager surrrnarized the actions taken by the Council during the 5:30 portion of the meeting. The City Attorney reported that the Council considered three matters in closed session: a personnel matter, property disposition in a redevelopment matter involving low-moderate income senior housing and a litigation matter. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. No one wished to speak. 4 ~ ~ l-1 ..r J_ P City Council Minutes September 24, 1990 Regarding Consideration of On-Street Parking - 72 Hour Statute, Councilmember Kanel stated he had received a call from Mr. Hardcastle who had brought this matter to the Council's attention at a previous meeting. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the 72 hour parking limit is aimed at recreational vehicles and asked that it be changed to one week to coincide with street sweeping. The Police Chief advised that his report addressed the concerns expressed by Mr. Hardcastle; namely, that the 72 hour parking statute was inappropriate in terms of the number of hours an individual would be allowed to park consecutively on any public City street. The Chief explained that the statute is intended to address matters of abandoned vehicles or parking for excessive periods of time on the street. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to receive and file the report. 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 Clarification of Matters on the 7:30 P.M. Agenda. None were presented. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO 90-17 GASOLINE STATION, CAR WASH, AND MINI-MARKET, WITH OFF-SITE__SALE OF BEER AND WINE. 6000 CERRITOS AVENUE: Mayor Age opened the public hearing. The Interim Planning Director reviewed the staff report dated September 14, 1990 which represented a request to demolish an existing automobile service station and construct a new gasoline station with a mini-market and an automatic car wash. The proposed project also included the sale of offsite beer and wine and 24-hour truck deliveries. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the public hearing were sent to property owners within a 300-foot radius. The Acting City Manager noted that the Cypress Chamber of Commerce had submitted a letter in support of the project. Mr. Steven Solomon, attorney for Texaco, introduced Jim Alley, Real Estate Representative for Texaco and Patrick Fiedler, engineer for the project. Mr. Solomon advised that they have reviewed the conditions suggested by staff and have no objection to replacing the pole sign with a monument sign at the corner and agreed to work with staff to increase the size of the three parking spaces. He explained the Texaco training program and the operation of the stores. He presented a packet to the Council and provided them with a petition that was circulated at the Texaco station. In response to questions regarding the proposed location of the car wash on the site, Mr. Patrick Fiedler, 2322 W. Third Street, Los Angeles, stated that Texaco has elected to build a completely masonry building for the car wash because of the ability of the structure to dampen noise; therefore, the location of the building is not as critical. Mayor Age asked if anyone wished to speak in favor of the application. Mr. Leo Baroldi, 233 Repasado, La Habra Heights, owner of the property and the adjacent auto center, stated that the new structure would certainly beautify the neighborhood and would be a clean, "state-of-the-art" station. Mayor Age asked if anyone wished to speak against the application. Mr. Nasr Semaan, stated that he lives across the street from the Texaco station and was the previous dealer at that station. He also stated that the landowner and Texaco Oil Company put him out of business and he is against the sale of beer and wine at this location. Mr. Grummossian, 4504 Middlebury Circle, Cypress, stated he has no direct interest in Papa Joe"s (an adjacent business) but his wife manages the business. If Texaco is allowed to sell beer and wine, there will be three businesses at that corner selling beer and wine and he asked the Council to consider that fact. 5 -,a~ c~ 4 City Council Minutes September 24, 1990 No one else wished to speak in support of or opposition to the application. Councilmember Kanel stated that there are some competing petitions, he needed some time to digest this and suggested a continuation of the item. Councilmember Kerry voiced her concern about the beer and wine sales and would be in favor of continuing the matter. Councilmember Arnold stated she would support a continuance. , It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue this item to October 29, 1990. The applicant had no objection to the continuance. Mayor Arnold stated that when she casts her ballot, it will be based on the merits of the project and if the application is denied on the basis of beer and wine, it will be because the citizens of the community don't want it not because it hampers the sales of another store. 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 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE TRACT MAP N0. 14365 12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION 8212 GAY STREET and CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP N0. 90-263, DIVIDE ONE (1) PARCEL INTO FOUR (4) TO CONSTRUCT FOUR (4) SINGLE FAMILY HOMES, 8232 GAY STREET; Mayor Age opened the public hearings. The Interim Planning Director presented the staff reports dated September 14, 1990, which represented requests to divide three parcels into 12 parcels including two cul-de-sac streets at 8212 Gay Street for the future development of 12 single-family homes; and to divide one parcel into four parcels for the purpose of constructing four single-family homes at 8232 Gay Street. In accordance with the requirements of the California Environmental Quality Act a Negative Declaration will be filed for Tentative Tract Map No. 14365. Notices of the public hearing have been posted, published and mailed to all property owners within a 300-foot radius of the subject parcels. Responding to questions, the City Attorney, clarified that the Farm Overlay Zone provides regulations for the keeping of farm animals that presently exist in residential areas. Councilmember Kerry suggested that there be Town Hall meetings with the owners of those properties to ask them what they want to see within that area before subdivision is started. Councilmember Arnold stated that it was clearly stated to the property owners during the period of annexation as to what could happen to that property. The overlays were put in for their protection; however, it did not eliminate the possibility of those who wished to develop from developing it. She didn't understand the concern unless it was to stop and replan that whole area before it is developed. After some discussion, Councilmember Arnold stated that she was in favor of making a determination on each proposal as it comes before Council. Councilmember Bowman asked what the Council's limitations were when an applicant has a site plan that meets all the code requirements. The City Attorney responded that in order to stop the development at this point,- ~.z. Council would have to declare some urgency and establish a moratorium on a zoning-wide basis. Mr. Larry Johnson, one of the owners of Tentative Tract No. 14365, explained that when purchasing the property, the land was vacant. They have agreed to meet every requirement the City had imposed and to delay this for a year would create a definite financial hardship. Mr. Chuck Hobbs, owner of Parcel 90-263, 23545 Crenshaw Blvd., #202A, Torrance, acquired his property concurrently with Mr. Johnson and they are asking for their two properties to be developed. He believed that this development would enhance the area. 6 City Council Minutes September 24, 1990 ,.t Mayor Age asked if anyone wished to speak in favor of the project. Ms. Gail Simonz, 8162 Gay Street, Cypress, the closest resident affected by the proposed development stated she was not opposed to the development, but she is affected by the Farm Animal Overlay zoning since she has three horses on her property. She expressed concern about the closeness of the proposed homes, their height and the possible extension and height of the wall required along her property line. Responding to questions from the Council, the City Attorney clarified that the 50 feet separation required by the Farm Animal Overlay would be from the new dwellings to where the animals were kept and the requirement applies to the keeper of the animal. Councilmember Kerry remarked that it seemed inappropriate to allow a new subdivision which is going to require an existing owner move what they already have. It should be the other way around. The City Attorney read the code and concluded that if it is legally permissible for an adjacent property owner to build a structure within 30 feet of the property, the next 20 feet has to come off the animal owner's property to allow the 50 feet to conform to code. Ms. Simonz asked if she would be incorporated into the development of the road with curbs and gutters. The Acting City Manager revealed that the normal procedure is that if improvements can be constructed within an unimproved area they will be. If not, they will be bonded for and built when the remainder of the street is fully developed. The developer is required to develop only in front of his own property. After further discussion, Councilmember Kanel commented that when this was discussed a few years ago, the impression was left that the situation was to benefit the people with the animals. He wondered if the language was written incorrectly. He suggested continuing this item for some additional input from the City Attorney's office. The City Attorney stated that the Farm Animal Overlay was an attempt to bring an area of the county into the City and leave it as a conforming use so that anything that was existing could remain, but not necessarily to promote that use. No one else wished to speak in support of or in opposition to the applications. Mayor Age asked both applicants if they would agree to continue their items and Mr. Johnson and Mr. Hobbs concurred. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue these items to the Council meeting of October 29, 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 RECESS: Mayor Age recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:43 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 90-21, U-HAUL RENTAL SERVICE. 4912 BISHOP STREET: Mayor Age declared the public hearing open. The Interim Planning Director summarized the staff report dated September 14, 1990, which revealed that this item was continued from the September 10, 1990 meeting in order to allow the applicant and staff to address issues that were a result of the public hearing and Council discussion. Specifically, the three areas discussed were: 1) property line and dedication; 2) setback of office building and 3) the storage of hazardous materials. Responding to Councilmember Arnold, the City Attorney answered that the street could be posted prohibiting overnight parking of commercial vehicles and U- Haul vehicles specifically could be prohibited. 7 r. 4~~ ~;<r~ ~ s City Council Minutes September 24, 1990 ~ Mr. Nasr Semaan, 9051 Moody Street, Cypress, stated he is willing to do whatever the City wishes him to do. In answer to Councilmember Kanel, the applicant stated that he will buy the subject property if he obtains a conditional use permit. Mayor Age asked if anyone wished to speak in support or in opposition to the application. Frank and Janet Correa, 4906 Bishop Street, Cypress, expressed their concern .~R a out the turnaround for 15 or 16 trucks and they were still concerned about the hazard of fire from the trucks' gasoline tanks. He is not in favor of the application because it is impractical for the area and the lack of space. No one else wished to speak in support of or opposition to the project. After additional discussion, it was moved by Councilmember Kanel and seconded by Councilmember Kerry to close the public hearing; eliminate the allowance of three vehicles on the site such that no rental vehicles would be parked beyond the front setback; provide a landscape planter that is a minimum of two feet high, constructed of stucco or brick; and prohibit on street .parking. Mr. Semaan requested that the allowance be made for a maximum square footage rather than a set number of trucks that would be allowed on the lot. Councilmembers Kerry and Bowman commented that if the applicant's argument was valid, it was a change in the rules and suggested that this item be continued so the proper calculations could be made. Councilmember Kanel wished to withdraw his motion and Councilmember Kerry withdrew her second to continue this item to October 8, 1990 for the calculation of the maximum square footage. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue the public hearing to the meeting of October 8, 1990 and have the Planning Department return, addressing the various points discussed. The Acting City Manager clarified that if Council does not want any kind of repair on the property, Condition No. 46 should be reworded and he asked for direction. It was Council's consensus to discuss this further and decide it at the next meeting. The motion unanimously carried by the following roll tail vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 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 and referred to the staff report dated September 18, 1990, which requested a continuance. It was moved by Councilmember Kanel and seconded by Councilmember Bowman to continue this item to October 8, 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: AMENDMENT N0. 2 TO CONDITIONAL USE PERMIT N0. 87-35. EXPANDED HOURS OF OPERATION AT THE AUTOBAHN CENTER 5051 EAST LINCOLN AVENUE: Mayor Age opened the public hearing. The Interim Planning Director referred to the staff report dated September 14, 1990, which represented a request to expand the permitted hours of operation at an existing automotive service center at 5051 Lincoln Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project amendment. Copies of the public hearing notice were posted, published and mailed to all property owners within a 300-foot radius. Mr. Dwayne Van Handle, 9654 Carnation Avenue, Fountain Valley, representing Mr. Sadler, stated Winston Tire does open at 7:30 on Saturday morning and they are open until 5:00 p.m. 8 ~d;~ City Council Minutes September 24, 1990 J It was moved by Councilmember Kanel and seconded by Councilmember Bowman to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Amendment No. 2 to Conditional Use Permit No. 87-35, subJeet to the Conditions of Approval. 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 Items No. 34, 31 and 28 will be moved forward at this time. She will be turning the meeting over to Mayor Pro Tem Kanel for Item No. 34 because it presents a conflict of interest for her since she is employed by Security Pacific Bank, who has provided financing to Sorrento Homes on the subject pro3ect. ' CONSIDERATION OF THE AUTHORIZATION OF THE ISSUANCE AND SALE OF THE "COMMUNITY FACILITIES DISTRICT NO 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, 1990 SPECIAL TAX BONDS" AND CERTAIN RELATED ACTIONS: Mayor Pro Tem Kanel declared the public hearing open. The City Attorney referred to the staff report of September 17, 1990 which reviewed the process of forming a community facilities district for the Sorrento residential project to finance certain public improvements. An election was held, the propositions were unanimously approved and there was a first reading of the Ordinance. The City Council is requested to consider the Resolution authorizing the issuance and sale of bonds and approve the form and the execution and delivery of: the Indenture of Trust, the Bond Purchase Agreement and the Preliminary Official Statement and Final Official Statement. Councilmember Bowman questioned the due date of the bonds as being September 10, 2016, which would indicate 26 years rather than 25 years as authorized by Council. Mr. John White of Seidler-Fitzgerald Public Finance, stated that the 25 years refers to the years of amortization, the principal starts being paid in 1992 and that is how the 25 years were arrived at. He would consider it a 25 year bond because there are 25 years of amortization. Ms. Maryann Goodkind, Burke, Williams, Sorensen & Gaar, bond counsel on this project, explained that they had looked at the amount of years homeowners would be repaying this debt. She requested direction on whether or not the dates cause confusion. After further explanation, Mr. Bill Wren, representing Cypress Homes, stated that the home prices being quoted are "best guess" estimates, considering the market conditions. They don"t want buyers to rely on any specific price because the buyers may make financial commitments on what they think they can buy and there are some legal implications to the builder if he has quoted prices. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, authorizing the issuance of its 1990 special tax bonds. RESOLUTION N0. 3835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS AUTHORIZING THE ISSUANCE OF ITS 1990 SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS (115,500,000), AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. The motion carried by the following roll call vote r AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age 9 ;y c.l~/ f~, ~ ~Jc~ Cit Council Minutes y September 24, 1990 Mayor Pro Tem Kanel then turned the meeting over to. Mayor Age. CONSIDERATION OF DISCUSSION REGARDING ORANGE COUNTY NEWS (OCNI CABLE SERVICE: Mayor Age called upon Councilmember Kanel to introduce the discussion on the Orange County News Cable Service, which is a new 24 hour news service being carried by approximately one-half of the cable services in Orange County, A representative from Copley/Colony Cablevision of Cypress had been invited to attend the meeting to discuss the possible inclusion of OCN Cable service to Cypress" cable system. Mr. Larry Carragher, new General Manager of Copley/Colony Cypress, and Jim N Petrow, Regional Manager for Copley/Colony, informed the Council of the status of OCN on Copley/Colony in Cypress. OCN is 24 hour news servicing Orange County which aired last Monday. It is one of a number of services being considered and Copley/Colony is monitoring subscribers who are asking for it. Councilmember Kanel stated that this news program would be something that the citizens of Orange County would like to see. He understood that some of the cable companies in Orange County are carrying OCN and Copley/Colony does not. He has had several people ask him about this news program. Mr. Petrow remarked that OCN is a channel they are seriously considering adding to their programming. They have met with them and are also meeting with other people concerning other options. Mr. Ken Tivin, Vice President and General Manager of the Orange County News Channel, advised that they began broadcasting a week ago. He explained the operation and the organization of the new channel. They have been in negotiations with all of the cable companies in Orange County because they need cable to deliver the service. Responding to Councilmember Kanel's question on a timetable for the airing of OCN at Copley/Colony, Mr. Petrow answered from the time that terms have been agreed to, that probably 30 to 60 days would be reasonable. CONTINUATION OF CONSIDERATION OF REQUEST FOR ADDITIONAL FUNDING FROM JOHN E. HALL III, MUSIC DIRECTOR/CONDUCTOR OF THE CYPRESS POPS ORCHESTRA: Mayor Age called upon Mr. Hall to present his report. Mr. John Hall, 5662 Cynthia Lane, Cypress, Music Director and founder of the Cypress POPS Orchestra, stated that three concerts had originally been scheduled for the remainder of the year. In the meantime, one of those concerts has been eliminated because of lack of funding for that program. He had presented to the Council a certified audit of 1989 expenditures for Council's review and added a written record of the funding over and above grants or City donations. He advised that the Cypress POPS Orchestra will need approximately 56,000 to complete the concert season. Councilmember Kanel requested that Council consider a 53,000 donation or loan and have it matched by some of the business organizations in the community in order to finish out the two major concerts. He would talk to some of the people in the community to determine if they would consider contributing to the match. Councilmember Kerry stated she thought it important to realize that the POPS has done everything they could to raise money. One of their biggest planned fund raisers was a concert at the race track in conjunction with a raffle for a car donated by the race track but the Council voted to eliminate concerts at the track. There are a lot of people that enjoy the POPS Orchestra, it is something we should be very proud of and she definitely supported the matching ,..-.,fl funds concept. Ms. Marie Hall, 5662 Cynthia Lane, Cypress, responding to Councilmember Bowman, stated that they did not bring the list of expenses with them but she provided approximate numbers and relayed some of their cost-cutting efforts. Councilmember Arnold stated her opposition to offering a matching fund system from the City and was very concerned about future support. Every time there has been a proposal, the POPS has never really indicated what will happen the next year and has no plan for raising funds to sustain themselves. 10 r; ~9 City Council Minutes September 24, 1990 Mr. Johnnie Perkins, 9219 Esther Street, Cypress, expressed his concern about the cost of donations by the City. He stated his support of what Mr. Hall does, but was concerned about .the lack of answers to questions about the budget. He also asked what Mr. Hall could do so he doesn't need additional funds from Council. He had no objection to matching funds. People are constantly asking for money, Council needs to be more aware of where the money is going, what the value is and is the City getting the best value for its money. After some discussion, it was moved by Councilmember Kanel and seconded by ` Councilmember Kerry to authorize a 13,000 donation to the Cypress POPS Orchestra on a matching fund basis, with an additional 53,000 matched by private donors in a period of approximately three weeks. This offer is open so that if the Orchestra has the pledges of those funds, the !3,000 would be released to the Cypress POPS Orchestra. Councilmember Bowman stated he would be voting against the motion. He believed if there is only money for four concerts, then they should put on four concerts. He stated that he did support the Orchestra but felt they should revise their schedule. Mayor Age indicated she will not support the motion. She stated she has been very consistent in her voting, not only for this item, but for other funding requests that have not been on the budget and has consistently denied those requests asking them to apply during the budget process. Councilmember Kanel remarked that there is a great amount of reserve monies that can be made available. This organization has brought such ,joy to people and there was a cancellation of a concert which did not allow the POPS to achieve their goal. Councilmember Arnold reemphasized that it was important for the Cypress POPS Orchestra, if they want money from this City, to develop a plan of how they will raise funds. She stated that she has talked with this group about strategies for fund raising with the major corporations, given them names, addresses and telephone numbers of people to contact and opened doors before they got there. Councilmember Kerry commented that the Halls are extremely dedicated to the Cypress POPS and to putting on the performances if at all possible. They have cut their costs to a bare minimum. There are many expenditures that occur that are not in the budget but the City does have a reserve. She would be extremely disappointed if the vote fails. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Kane! and Kerry NOES: 3 COUNCILMEMBERS: Arnold, Bowman and Age ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue the meeting past the hour of 11:30 p.m. 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 CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING LEAF BLOWERS: The City Attorney advised that the City Council had reviewed this item and had directed staff to prepare an ordinance for consideration which was continued from the last meeting. The City Attorney enumerated the items on which Council wished to place restrictions. Councilmember Kerry stated that there are some issues that haven"t been addressed and suggested continuing the item so staff can review. She mentioned the lack of penalty if the code is violated and the requirement that gardeners obtain a City business license. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue this item to October 8, 1990. The motion unanimously carried by the following roll call vote: 11 s vity Council Minutes September 24, 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: Mayor Age referred to the staff report dated September 18, 1990 which requested a continuance. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to continue this item to the meeting of October 8, 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 CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE GENERAL PLAN UPDATE - CITIZEN ADVISORY COMMITTEE: The Interim Planning Director summarized the staff report dated August 30, 1990, which indicated that the purpose of the Citizens Advisory Committee would be to advise the Council on six special study areas within the City. Based on a review of interests and background, individuals were assigned to one of the six special study areas. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to approve the entire list of appointments and hold an orientation meeting on October 4, 1990. Councilmember Kanel commented that there is a candidate for Council on the Committee and that person might utilize this fact in political advertisements. If he is not a successful candidate in the November election, he can then be on the committee. Councilmember Arnold concurred and stated that she will amend her motion removing the candidate's name from the list of appointments. Councilmember Bowman also concurred. 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 FINAL RECOMMENDATIONS FROM THE CYPRESS TRANSPORTATION ADVISORY COMMITTEE (C.T.A.C.1: Due to the lateness of the hour, Councilmember Kerry suggested that this item be continued because there are many points that need to be discussed. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the meeting of October 8, 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 SCHEDULING AN INTERVIEW SESSION WITH APPLICANTS FOR THE ALTERNATE TO THE SENIOR CITIZENS COMMISSION AND THE RECREATION AND COMMUNITY SERVICES COMMISSION: The staff report dated September 18, 1990 represented a request to schedule a day and time to conduct interviews for the vacancies on the Senior Citizens and Recreation and Community Services Commission. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to schedule interviews for October 8, 1990 commencing at 4:00 p.m. 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 A RESOLUTION AMENDING RESOLUTION N0. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES: The Acting City Manager referred to the staff report of September 18, 1990, which represented a request to move the position of Police Records Supervisor 12 ~ ~1:, . City Council Minutes September 24, 1990 from the Cypress Employees' Association to the Cypress Public Safety Employees' Association. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, amending Resolution 970. RESOLUTION N0. 3836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION N0. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN ' THE CITY OF CYPRESS AND ITS EMPLOYEES. 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. 41263 - 41382: It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the Warrant List for Warrants No. 41263 through 41382 in the amount of 5465,828.38. 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 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT AGREEMENT WITH THE COUNTY OF ORANGE, BEGINNING JULY 1, 1991 AND ENDING JUNE 30, 1993: The Interim Planning Director referred to the staff report dated September 21, 1990, which indicated that the United States Department of Housing and Urban Development (HCD) has requested that two classes be added to the standard Urban Community Development Block Grant Cooperation Agreement. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving an amendment to the City of Cypress' participation in the Housing and Community Development Block Grant Program. RESOLUTION N0. 3837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT AGREEMENT WITH THE COUNTY OF ORANGE, BEGINNING JULY 1, 1991 AND ENDING JUNE 30, 1993. 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. Mayor Age requested a suggestion on the date for the ground breaking ceremony at the Veterans Park. It was suggested that this item be placed on the October 8, 1990 agenda. The Acting City Manager informed the Council that a pest known as the Eucalyptus Longhorn Borer has been found in a eucalyptus tree in the Nature Park and it is a very contagious disease. The only treatment is to insure that all eucalyptus trees are well watered and fertilized, which the City maintenance crews are doing. 13 ~ 6 ~ity Council Minutes September 24. 1990 WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age ad3ourned the meeting at 12:30 a.m. to 4:00 p.m., October 8, 1990 in the Administrative Conference Room, City Hall, West Wing. 5275 Orange Avenue. YO OF THE CITY OF'CYPR ATTEST: CITY CLERK THE C OF CYPRESS 14