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Minutes 91-06-24 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 24, 1991 The Regular Meeting of the Cypress City Council was called to order at 4:36 p.m., Monday, June 24, 1991, in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, by Mayor Walter Bowman. PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff member David Barrett. WORKSHOP SESSION: Joint Meeting with the CATV Commission. The City Manager introduced the first item on the joint agenda, which was to change the charge of the CATV Commission to allow that body to encompass all matters dealing with the franchise service provided to the public. The proposed ordinance will be placed on the July 8, 1991 City Council Agenda for their action. The second item was a video presentation of the Community College Instructional Network (CCIN), which showed the offering of college telecourses available. Permission has been granted by Cypress College to allow the City to cablecast the 24 hour telecourses and the Cable Commission requested Council approval to place this item on the July 8, 1991 agenda for Council action authorizing expenditure of the necessary funds. Information was presented about the new, smaller satellite dishes that will be available soon and the Commission wished to prevent any conflict with the Satellite Dish Ordinance that the City currently has in place. A recommendation will be provided on the revision of the existing ordinance. A video contest was proposed for the various Cypress elementary schools with each commissioner guiding three elementary schools to encourage each class to produce a video project. The Commissioners requested the Council's permission to approach the Cypress Elementary School District Board to contact the elementary schools. Chairman Glass desired to provide the Council with additional input, recommendations and a report on the second amendment to the Franchise Agreement .and the Memorandum of Understanding regarding the seven additional channels requested by Copley/Colony. Mr. Lloyd Hexem, 6171 Barbados Avenue, Cypress, brought up a problem with Copley/Colony's equipment, the inability to record programs and the added problem of the Fuji building that renders his antenna useless. He also provided a history of rate increases from Copley/Colony. RECESS: Mayor Bowman recessed the meeting at 5:30 p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:40 p.m. with all Councilmembers present. Also present were staff members Bacock, Barrett, DeCarlo, Hill, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. The City Manager stated that there are unresolved budget items regarding donations to various non-profit organizations. After discussion on each item, the following allotments were made: The Boys & Girls Club was granted $12,000 designated for the Latch Key Program and these monies would not be released until a full audit was received. The Straight Talk Clinic was granted a donation of $18,000; Chamber of Commerce, $5,000; Cypress Pops $5,000 on a pro-rata share per concert other than the children's concerts; Hotline of Southern California $4,000; Casa Youth Shelter, $3,500; Cypress High School Grad Night $2,000; Cypress College Basketball Banner $100; Academic Boosters $1,450; Yearbook Ad $100; Loyalty Day $750; Cypress Pins and/or T-shirts $1,000; for a total of $52,900 with the remainder of the $63,000 in the contingency fund. It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt the 1991-92 budget for the non-profit organizations. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None f ~ j CITY COUNCIL MINUTES June 24, 1991 CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING TEN (10) PARK BENCHES FOR THE CIVIC CENTER AND CITY PARKS, REQUEST FOR QUOTATION NO. 9091-25: The City Manager presented the staff reported dated June 12, 1991 which indicated that two bids were received for ten park benches for the Civic Center and City Parks. It was moved by Councilmember Partin and seconded by Mayor Bowman to authorize the Purchasing Officer to order ten park benches from R. G. Detmers & Assoc., Inc., 3104 E. Garvey Avenue, West Covina, CA 91792 for the purchase price of $3,347.89 delivered. Councilmember Nicholson voiced her objection to placing the benches in the Civic Center area which will interfere with Cypress Pops and the Cultural Arts Commission events. Councilmember Kerry suggested that the placement of the benches be referred to the Cultural Arts Commission. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Partin and Bowman NOES: 1 COUNCILMEMBERS: Nicholson ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL OF STREET TREES ON VARIOUS STREETS IN THE CITY OF CYPRESS. PUBLIC WORKS PROJECT NO. 9018: The Acting Public Works Director summarized the staff report dated June 17, 1991, which stated that five bids had been received for the removal of street trees on various streets in the City. The City received an additional request to remove ten trees and it was determined that a change order would allow the contractor to remove those additional trees. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to: 1) determine the lowest responsible bidder for Public Works Project No. 9018 to be West Coast Arborists, Inc; 2) approve Contract Change Order No. 1 to Project No. 9018 in the amount of $1,090.00 and authorize the Mayor to execute the change order on behalf of the City Council; and 3) award a contract for the removal of street trees on various streets in the City of Cypress to West Coast Arborists, Inc., 7072 Thomas St., Buena Park, CA 90621 in the amount of $9,701.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF OFFSET PRESS MAINTENANCE CONTRACT: The Finance Director presented the staff report dated June 18, 1991, which indicated that the use of "Factory Trained Service Representatives" for the AM Multigraphics Offset Press has reduced the downtime for parts and service. For the past six months alt maintenance and service was performed under factory warranty; however, the City is now responsible for resuming payment for these services with an annual contract. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to determine it would be in the best interest of the City to dispense with the formal bidding procedure and approve the subject Agreement with AM Multigraphics for a period of one year in an amount not to exceed $3,003.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CONTRACT WITH PACIFIC BELL FOR CENTREX SERVICES: The Assistant City Manager presented the staff report dated June 18, 1991, which indicated that a recent Public Utilities Commission ruling allowed governmental agencies to negotiate a contract for the provision of Centrex service at rates more reflective of Pacific Bell's actual costs rather than the current Centrex tariff rates and charges. Staff recommended the contract with the upfront payment of $89,275.00 for a five year period from the Central Services Fund which will be repaid by annual phone charges in the program budget. Mayor Bowman stated that his figures indicated that it would be more economical to make monthly payments of $2,038.00 and allow the remainder to collect interest. The City Manager suggested that this item be continued. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to the Council meeting of July 8, 1991. The motion unanimously carried by the following roll call vote: 2 L~ - Z , . ~ ~ CITY COUNCIL MINUTES June 24, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR STREET NAME SIGNS REQUEST FOR QUOTATION NO. 9091-28: The Finance Director summarized the staff report dated June 24, 1991 which indicated that five bids were received for a total of 153 street name signs and the required mounting hardware. It was moved by Councilmember Age and seconded by Councilmember Partin to accept the bid received from Safeway Sign Company, 1314 134th St., Gardena, CA 90247 as the lowest responsible bidder and award a contract for the purchase of street name signs to this company in the amount of $4,802.35. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE SUPPLY AND INSTALLATION OF PLAY EQUIPMENT IN VARIOUS PARKS, PUBLIC WORKS PROJECT NO. 9114: The Acting Public Works Director summarized the staff report dated June 14, 1991, which stated that only one bid was received to supply and install play equipment in various parks. Discussions with other potential bidders revealed that manufacturers will not bid on playground equipment which is to be attached to existing equipment provided by a different manufacturer for product liability reasons. Because the City received only one bid and it was more than the budgeted amount, it is recommended that the contract be awarded to Landscape Structures/Hanson Associates for the add-on work only and the remaining work will be rebid. It was moved by Councilmember Kerry and seconded by Councilmember Age that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) determine the lowest responsible bidder for Public Works Project No. 9114 to be Landscape Structures Inc./Hanson Associates; and 2) award a contract to supply and install play equipment in Manzanita Park, Willow Park and Maple Grove South Park to Landscape Structures Inc./Hanson Associates, 601 7th Street South, Delano, New Mexico 55328 in the amount of $35,112.78. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman 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. Mayor Bowman stated that Item No. 12, Consideration of Extension of Time for Design Review Committee No. 90-23 be removed from the Consent Calendar. It was moved by Councilmember Kerry and seconded by Councilmember Age to approve the Consent Calendar Items No. 7 through 21 with the exception of Item No. 12. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 7: Consideration of Approval of City Council Minutes of June 10, 1991. Recommendation: That the City Council approve the Minutes of June 10, 1991, as submitted. Item No. 8: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 9: Consideration of Renewal of Fire Protection Services Agreement. Recommendation: That the City Council approve the Amendment to the Agreement between the City and Orange County for fire protection services for aone-year period, commencing July 1, 1991, and authorize the Mayor to sign and the City Clerk to attest the subject agreement, subject to the approval as to form by the City Attorney. 3 ~~J CITY COUNCIL MINUTES June 24, 1991 Item No. 10: Consideration of Proclaiming July 1991, as "Cypress Community Festival Month". Recommendation: That the Mayor and City Council officially proclaim July 1991, as "Cypress Community Festival Month" in the City of Cypress. Item No. 11: Consideration of Monthly Investment Program for the Month of April 1991. Recommendation: Receive and file. Item No. 13: Consideration of Additional Appropriation for City Programs - FY 1990-91. Recommendation: That the City Council authorize an appropriation from the unreserved fund balance of the following funds, in the amounts shown, to the following Accounts: General Fund - $85,520 to 4187-11-156-04 $ 2,420 4226-11-156-04 33,100 4186-I1-446-24 50,000 Street Lighting Fund - $15,200 to 4226-25-223-07 $15,200 Mello Roos Fund - $57,955 to 4150-34-159-04 $ 1,857 4189-34- 159-04 56,098 Item No. 14: Consideration of Annual Requalification of Participating Cities in the County of Orange Arterial Highway Financing Program (AHFP) and Endorsement of Eligibility Criteria for Orange County Measure M Funding. Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as follows, informing the AHFP Advisory Committee that the Circulation Element of the Cypress General Plan conforms to the County MPAH; and 2) Adopt the Resolution by title only, title as follows, endorsing the criteria for determining the City's eligibility for Orange County Measure M funding. RESOLUTION NO. 3948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. RESOLUTION NO. 3949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING THE ELIGIBILITY CRITERIA FOR ORANGE COUNTY MEASURE M FUNDING. Item No. 15: Consideration of Acceptance of Final Tract Map No. 14346, 8681 and 8691 Moody Street (Condominiums). Recommendation: That the City Council approve Final Tract Map No. 14346 and accept the Bond for public improvements, in the amount of $12,000.00, which is not less than 50% nor more than 100% of the total improvements and authorize the City Clerk to sign the Record Map. Item No. 16: Consideration of Resolution Commending the Armed Forces Reserve Center, Los Alamitos. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending the Armed Forces Reserve Center for its involvement and participation in the annual multi-agency July 4th Fireworks Celebration. RESOLUTION NO. 3950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE ARMED FORCES RESERVE CENTER (AFRC), LOS ALAMITOS, AND SALUTING THE MILITARY FOR INVOLVEMENT THROUGH PARTICIPATION IN THE ANNUAL MULTI-AGENCY JULY 4TH FIREWORKS CELEBRATION. Item No. 17: Consideration of Resolution Prohibiting Athletic Activities in the Area Beneath the City council Chamber. 4 w: ~~0 CITY COUNCIL MINUTES June 24, 1991 Recommendation: That the City Council adopt the Resolution by title only, title as follows, prohibiting athletic activities in the area beneath the City Council Chamber. RESOLUTION NO. 3951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROHIBITING ATHLETIC ACTIVITIES IN THE AREA BENEATH THE CITY COUNCIL CHAMBERS. Item No. 18: Consideration of Amendment to Classification Title for Media Services ~ Technician. Recommendation: That the City Council adopt the Resolution by title only, title as follows, amending Resolution No. 3574 to change the classification title of General Services Technician to Media Services Technician and maintaining the same assigned salary range effective July 1, 1991. RESOLUTION NO. 3952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 3574 BY AMENDING A CLASSIFICATION TITLE IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Recreation & Park District Matters: Item No. 19: Consideration of Senior Citizens Nutrition Transportation Contract. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the transportation contract with the Orange County Consolidated Transportation Service Agency for the Fiscal Year 1991-92, at a cost of $6,357.00, payable to OCCTSA for the performance of the contract. Item No. 20: Consideration of Additional Appropriation for Recreation and Park District City Programs - FY 1990-91. Recommendation: That the City Council, acting as the ex officio Board of Directors for the Cypress Recreation and Park District, authorize the appropriation from the unreserved fund balance of the following funds, in the amounts shown, to the following Accounts: District's General Fund - $20,000 to 4226-12-301-10 $20,000 District's Debt Service Fund - $625 to 4226-81-371-10 $625 Item No. 21: Consideration of Landell School Lease Agreement. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the terms of the agreement as presented, and authorize the staff to enter into a lease agreement for Landell School, effective July 1, 1991. END OF CONSENT CALENDAR Regarding Consideration of Extension of Time for Design Review Committee No. 90-23, Shopping Center Remodel, 5004-5028 Ball Road, Mayor Bowman stated he would abstain on this item because his office is located in that complex. It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the extension of Design Review Committee No. 90-23 for a period of 90 days, effective July 23, 1991. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED:1 COUNCILMEMBERS: Bowman ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Age and seconded by Councilmember Nicholson to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance establishing a mobile source air pollution reduction program. 5 / ~ V CITY COUNCIL MINUTES June 24, 1991 ORDINANCE NO. 866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM BY ADDING SECTIONS 16-110 TO 16-114 TO THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Partin to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance amending Section 9.3.A. of the Zoning Code. ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9.3.A. "PERFORMANCE STANDARDS: RESIDENTIAL ZONES" OF THE ZONING CODE OF THE CITY OF CYPRESS, RELATIVE TO RESIDENTIAL ZONES AND THE PLACEMENT OF AIR CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN THE SIDE YARD SETBACKS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Partin and seconded by Councilmember Nicholson to order the following Ordinance ready by title only, title as follows and to adopt the Ordinance amending Section 12-24 of the City Code. ORDINANCE NO. 868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 12-24 OF THE CODE OF THE CITY OF CYPRESS AND ADDING ARTICLE IV, "UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS," TO CHAPTER 12 OF THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Partin and seconded by Councilmember Nicholson to order the following Ordinance read by title only, title as follows and to adopt the Ordinance adding Section 17-70 to the City Code. ORDINANCE NO. 869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 17-70, "REGULATION OF ATHLETIC ACTIVITIES ON CITY OWNED PROPERTY," TO THE CODE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Bowman recessed the meeting at 6:35 p.m. to enable the Council to enter into Closed Session for matters of personnel and/or litigation. The Council reconvened at 7:30 p.m. with all Councilmembers present and staff members Bacock, Barrett, DeCarlo, Eynon, Hill, Storey and Wicker also present. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Partin. PRESENTATIONS: The City Manager provided a summary of the status of the Senior Citizens Housing. There have been regular meetings for the past several months with the Superintendent and a consultant for the Cypress Elementary School District to discuss the possibility of trading a portion of the Wicker Avenue property for the property north of 6 e? ~I, CITY COUNCIL MINUTES June 24, 1991 the current senior housing project. A request for proposal will be presented to Council within the next few weeks and then be mailed to qualified developers to determine whether the new senior housing project is an economically feasible project. The City Manager then reported on the joint meeting between the City Council and the CATV Commission and summarized the actions taken by the City Council during the 5:30 p.m. portion of the Agenda. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, complained about the helicopter that landed in the Sorrento Homes development last week and stated there was no reason for it to land there. The City Manager stated that the City will contact Fieldstone. Mayor Bowman announced that as of July 3, 1991, Councilmember Age will be appointed to the Orange County Airport Commission. Police Chief Wicker thanked the Buena Park, Cypress, La Palma Board of Realtors for the $1,750.00 check the City received to support the D.A.R.E. program. 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 THE RESIDENTIAL DENSITY BONUS POLICY: Mayor Bowman opened the public hearing and the City Manager advised that the issue had been divided into two segments, purchase and rental agreements. Mayor Bowman suggested that the item addressing Purchase Projects be continued and the Rental Projects item be discussed now. It was moved by Councilmember Partin and seconded by Councilmember Age to continue the Purchase Projects item to the meeting of July 22, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman ' NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The Planning Director presented the staff report dated June 11, 1991 on the amendment to the residential density bonus policy addressing rental projects. The change was made pursuant to a revision in State law effective January 1, 1991. The City Attorney's office is proposing that the Rental Agreement and the Purchase Agreement be considered and adopted as separate ordinances. No one wished to speak in support of or in opposition to the proposed ordinance. It was moved by Councilmember Nicholson and seconded by Councilmember Age to approve the first reading of the Ordinance by title only, title as follows, adding Section 9.8 for Rental Projects to the City Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF SECTION 9.8, "RESIDENTIAL DENSITY BONUS STANDARDS AND REGULATIONS," FOR RENTAL PROJECTS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 91-8, CONVENIENCE MARKET WITH OFFSITE SALE OF BEER AND WINE, 5591 BALL ROAD: Mayor Bowman declared the public hearing open. The City Manager called upon the Planning Director to present the staff report dated June 17, 1991. The Planning Director advised that a call had been received from the applicant requesting a continuance of this item to July 8. It was moved by Councilmember Partin and seconded by Councilmember Age to continue this item to the City Council meeting of July 8, 1991. The motion unanimously carried by the following roll call vote: 7 CITY COUNCIL MINUTES June 24, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: DISCUSSION OF TRAFFIC AND PARKING CONCERNS IN THE ANNEXATION AREA NORTH OF LINCOLN AVENUE AND WEST OF MOODY STREET (CYPRESS ACRES): Mayor Bowman opened the public hearing. The Acting Director of Public Works summarized the staff report dated June 13, 1991, which indicated that in an effort to address concerns raised by Councilmember and Cypress residents, the Traffic Commission directed staff to conduct an opinion survey of the Cypress Acres area. The results of the survey did show a preference toward elimination of parking on one side of the street and it was felt that this temporary measure would greatly alleviate the existing traffic congestion in the area. Re-establishing parking on both sides of the street would be considered following the completion of the proposed street widenings. A communication was received from Mr. and Mrs. Zack, owners of a day care center on the corner of Grace and LaSalle Streets, who felt the elimination of parking as proposed would present a hardship. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius of the Cypress Acres area. Staff recommended the elimination of on street parking in the following areas: (1) LaSalle Street, east side, from its southern end to approximately 200' north of Grace Avenue, (2) Belmont Street, east side, from Merten Avenue to Grace Avenue, and (3) Grace Avenue, south side, from Belmont Street to Moody Street. Mayor Bowman asked if anyone wanted to speak in support of or in opposition to the proposed Resolution. The following residents spoke in opposition to the proposed elimination of on-street parking in those designated areas. Ms. Carolyn Wess, 4884 Grace Avenue, Cypress, stated there was already a parking problem for the residents on Grace Avenue and asked where the residents were going to park in the event of the elimination of on-street parking on one side of the street. Mr. Richard Moreno, 4851 Grace Avenue, Cypress, stated that this proposed elimination of parking presented a serious problem and hardship for the residents because, currently, there is no on-street parking available. He found that narrow streets with no sidewalks are an advantage because they slow traffic and asked the Council give this recommendation serious consideration. Ms. Ellen Robinson, 4881 Grace Avenue, Cypress, stated that there is no place to park on Grace Avenue now. Mr. Mahel Palyage, 8621 Grace Avenue, Cypress, stated he lives on the corner of LaSalle and Grace, has three cars and would have no place to park with the elimination of the on-street parking. Mr. Carl Croteau, 4891 Grace Avenue, Cypress, stated there was not enough parking space now and the City cannot afford to eliminate parking. No one else wished to speak. Councilmember Partin stated that one of the reasons for the proposed resolution was to address a solution for the traffic congestion at the Merten/Moody intersection and the proposed solution would not do that. Councilmember Age expressed concern with the lack of street lighting and would not support the Resolution. Councilmember Kerry concurred with Councilmember Partin and she stated that she would leave the parking status quo unless there was a solution for the Merten/Moody intersection. Councilmember Partin stated that the Council considered "no parking" for this area because of the bottlenecks caused by the narrow streets and the difficulty of passage for fire and public safety vehicles. Councilmember Nicholson stated that there were complaints, there is a problem, so staff was requested to provide a recommendation. The residents are not in favor of the recommended elimination of on-street parking on one side of the street and she would not support the recommendation. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and receive and file the report. Councilmember Kerry mentioned State grants for sidewalks as part of the "safe route to school" are something that should be considered. The motion unanimously carried by the following roll call vote: 8 r 2~ CITY COUNCIL MINUTES June 24, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 91-3 REDUCTION OF SIDE YARD SETBACK, 4301 MARION AVENUE: The Mayor declared the public hearing open. The Planning Director presented the staff report dated June 12, 1991, which represented a request to allow a second floor addition to encroach into the required side yard setback at 4301 Marion Avenue. In accordance with the California _ Environmental Quality Act, the proposed project has been determined to be categorically " exempt, Class 3. A review of the plans for the proposed addition determined that the addition would represent an improvement of the property beyond the original structure. Notices of public hearing have been posted, published and mailed to all property owners within a 300-foot radius. To date, staff has not received any communication regarding this matter. Mr. Edward Barton, 4301 Marion Avenue, Cypress, owner of the property, stated he has a four bedroom home and is proposing to add two bathrooms. Responding to Councilmember Partin, Mr. Barton replied that he has spoken with all his close neighbors and they have no objection to the proposed addition. No one wished to speak in opposition to the project. Mayor Bowman asked if anyone wished to speak in support of the project. Mr. Dave Nixon, designer of the addition, presented the Council with some photos of the project and volunteered to answer questions. No one else wished to speak in support of the application. It was moved by Councilmember Nicholson and seconded by Councilmember Age to close the public hearing and approve Variance No. 91-3 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 91-5. DESIGN REVIEW COMMITTEE NO. 91-11, SECOND STORY ROOM ADDITION WITH A REDUCED SIDE YARD SETBACK, 5133 SEQUOIA AVENUE: Mayor Bowman opened the public hearing. The City Manager asked the Planning Director to present the staff ,report dated June 17, 1991, which represented a request to build a second story room addition onto an existing single-family home. It also includes a request for a variance from the Zoning Ordinance to allow a six foot sideyard setback instead of the minimum required ten foot setback. According to the requirements of the California Environmental Quality Act, this project is considered to be Exempt, Class 5. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. To date, staff has not received any communication regarding this matter. The applicant, Daniel J. O'Connell, 5133 Sequoia Avenue, Cypress, stated that he needed more room as his children grew older. In response to Councilmember Partin, Mr. O'Connell stated that he discussed the proposed addition with his neighbors and there was no complaint. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to close the public hearing, approve Variance No. 91-5 and receive and file Design Review Committee No. 91-11, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1991-92 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT: Mayor Bowman declared the hearing open. The City Manager presented the 1991-92 budget for the Cypress Recreation and Park District, which has been reviewed by staff and Commissions and discussed by the Council at budget workshops. This budget is separate from the City of Cypress budget, is funded from different revenue sources and is a special district with a separate public hearing from the City budget. The budget is in balance, the expenditures total $3,927,354, which is an increase of $720,000 over last year's budget. The major increase is represented by the Capital Project amount of $760,000 which is the support from the District for the Senior Citizens Center. 9 6-~~~.o 2~ CITY COUNCIL MINUTES June 24, 1991 Mayor Bowman asked if anyone wished to speak in support of or in opposition to the proposed Cypress Recreation and Park District 1991-92 Budget. No one wished to speak. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and that the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the 1991-92 District Budget as proposed. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF CITY COUNCIL INTERPRETATION OF FENCE MATERIAL REQUIREMENT ALONG CERRITOS AVENUE AS SPECIFIED IN THE CYPRESS BUSINESS & PROFESSIONAL SPECIFIC PLAN: Mayor Bowman stated that the staff report dated June 13, 1991 requested a continuance to the July 8 Council meeting. Councilmember Age asked why this item was always continued. The Planning Director responded that staff had a meeting with the applicant and requested them to submit all of their proposed changes that would be included with the fence material request. Councilmember Kerry suggested this item be tabled until the applicant's requests are complete and ready to submit. It was moved by Councilmember Partin and seconded by Councilmember Kerry to table this item. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF COSTS FOR MAINTAINING THE RABBITS AT THE CYPRESS NATURE PARK: The Acting Public Works Director summarized the staff report dated June 14, 1991, which provided an update of the costs incurred as a result of caring for the rabbits in the Cypress Nature Park. As of June 1, 1991, a total of $14,331.38 has been spent. The data makes it apparent that the costs required for maintaining the rabbits is dropping; however, it will cost a minimum of $705.00 per month to care for the rabbits and actual veterinarian services, when needed, will be added to this amount. Responding to Councilmember Age, the Acting Public Works Director replied that about six rabbits have been adopted out during the past month. Councilmember Kerry asked if a program would be instituted to charge for group tours of the Nature Park knowing it will be used for rabbit care. The Director of Recreation and Parks answered that they have about three tours a week and will be instituting a fee for those tours as soon as possible. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to receive and file the report. Councilmember Partin commented that it was inhuman to take domesticated rabbits, pen them up so they cannot escape to be slaughtered by a feral cat or a fox. He stated that he will go along with receiving and filing the report this time but he honestly feels we are being cruel to those animals. Councilmember Nicholson remarked that until the citizens tell Council they want the rabbits disposed of, she will continue to support the rabbits staying in the Nature Park. Mayor Bowman reiterated his belief that the Nature Park was not the proper place for rabbits. Councilmember Kerry stated that the cost has decreased dramatically, believed the cost caused most of the concern and she would have a difficult time justifying changing the present situation. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF DISCUSSION OF RIDESHARING LEAVE INCENTIVE: The City Manager reported that this item was referred back to the TEAM for additional information and discussion. The Personnel Director summarized the staff report dated June 17, 1991, which provided the additional information requested by the Council. Staff reported that private sector basic philosophy is to provide cash incentives rather than paid leave for ridesharing incentives. The current participation for ridesharing is currently very low and the proposal will give carpoolers a certain number of hours per month as an incentive to rideshare. The Air Quality Management District (AQMD) has required various cities to include items like this in their trip reduction plans and a leave incentive will be a positive note for the AQMD in their review of the. City's plan. 10 - ~ ~ st CITY COUNCIL MINUTES June 24, 1991 Mayor Bowman stated that a number of plans submitted to the AQMD were not approved and the reason appeared that the AQMD would prefer that employers offered cash incentives. The Acting Public Works Director stated that the AQMD is not placing the same requirements on cities as on private industry at this time. During the month of August, the City's second plan will be submitted and the AQMD is expecting that the City will have a plan in place that provides some form of leave incentive. The City Manager stated that the City thought the AQMD would be receptive to a leave incentive and there is no problem in proposing a cash incentive then await AQMD's response to that type of incentive. Councilmember Age suggested that the leave incentive hours be decreased from 12 and 24 to 8 and 16 hours per year. After some discussion, Mayor Bowman believed this proposal to be premature. He suggested that staff find out from the AQMD if the initiation of the 9/80 program would suffice. In addition, if any further research is performed, the Mayor advised he would like to see incentives provided on a monetary rather than a leave basis. It was moved by Mayor Bowman and seconded by Councilmember Kerry to submit the program the City has in effect to the AQMD to determine if the current plan would fulfill the City's trip reduction requirement. Councilmember Kerry commented that she felt the issue was that if proper transportation and forms of rapid transit were available for people, they would use it and alternative forms of transportation should be provided. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Bowman announced that there will be a dedication ceremony at Cypress College on Wednesday June 26, 1991 at 10:30 a.m. because the Orange County Transportation District has purchased the Pacific Electric railroad right-of-way. CONSIDERATION OF THE ADOPTION OF THE 1991-92 BUDGET FOR THE CITY OF CYPRESS: The City Manager summarized the staff report dated June 17, 1991 advising that staff has been working on the budget since January. Each departmental budget has been reviewed in detail and the Council has also reviewed the budget in detail. The budget is projected to be $17,090,013 or 4.6% higher than the 1990-91 adopted budget. There is a problem with the balancing of the budget because the State is now charging the City for services that were previously received as part of the County tax program. In order to balance the budget, one-time revenues are being used and the City will be coming back to Council with ordinances on proposed fee increases based on the MSI cost study and a proposed increase in the Transient Occupancy Tax rate. In an effort to cut costs, the City will be maintaining a hiring freeze approved by the Council and considering other cost saving methods to help offset the onetime revenue sources. A 20 minute video was shown that provided a brief overview of the budget. Mayor Bowman stated that the Council will be making a concerted effort in the next few months to attract a major retailer to the City. Councilmember Kerry mentioned that property taxes from the Sorrento Homes development will not be realized during this fiscal year. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt a Resolution by title only, title as follows, approving the annual budget for the fiscal year commencing July 1, 1991 and fixing the limitations of expenditures for the several funds and the functions, departments and activities carried on under such funds. Councilmember Partin commented that he would approve the budget but voiced his displeasure of with the inclusion of approximately $10,000 for the continued care of the rabbits in the Nature Park. RESOLUTION NO. 3953 A RESOLUTION OF THE CITY COUNCIL OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1991, AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11 6_ZJ/?Z CITY COUNCIL MINUTES June 24, 1991 CONSIDERATION OF CREDIT TOWARD PARK AND RECREATION FEE, TENTATIVE TRACT MAP NO. 14445, 6292-6302 LINCOLN AVENUE: The City Manager asked the Planning Director to summarize the staff report dated June 13, 1991, which represented a request for credit toward the required Park and Recreation Fee under the provisions of Article VI of the Cypress Subdivision Ordinance. The credit is required for private open space provided in Tentative Tract Map No. 14445. The subject credit toward Park and Recreation Fees is not considered a "project" as defined in the guidelines of the California Environmental Quality Act. Therefore, no environmental determination is required for the proposed action. Where private open space for park and recreational purposes is provided in a subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, the Subdivision Ordinance allows such areas to be credited against a required fee or dedication. The maximum credit toward a required fee or dedication is 50%, provided the City Council finds it in the public interest to do so and the standards set forth in the Subdivision Ordinance are met. It was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the $71,351.28 credit toward the Park and Recreation fee for Tentative Tract No. 14445, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MAP NO. 14445, 6292 LINCOLN AVENUE: The staff report dated June 13, 1991 indicated that the final map agrees substantially with the Tentative Map which was approved by the Cypress City Council on January 28, 1991. Bonds have been posted and fees have been paid. The developer has paid the Park and Recreation fee minus a 50% reduction, contingent on City Council approval. It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1) approve the 50% reduction in the developer's payment of the Park and Recreation fee and accept the bond for public improvements in the amount of $8,100.00, which is not less than 50% nor more than 100% of the total improvements and 2) authorize the City Clerk to sign the record map. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE NO. 91-12: The City Manager presented the staff report dated June 19, 1991, which indicated that, on June 10, 1991, the Design Review Committee denied a request to install a free standing sign for the Cypress Court commercial center, located at 5961 Ball Road, as requested by Mr. Carl E. Swain. Mr. Swain has submitted a formal written appeal of the Design Review Committee's decision. The Planning Director commented that when the center was initially approved, the consideration was for a monument sign. The applicant has taken the dimensions of a pole sign and tied it into a monument type design that is quite large. Councilmember Age stated she would vote to deny the appeal because the proposed sign is just too large. Councilmember Partin asked if the applicant would have two separate monument signs versus one large monument sign. Councilmember Kerry agreed with Councilmember Age and she remarked that since they have moved the buildings closer to the street for greater visibility, this large sign is unnecessary for this location. Councilmember Nicholson expressed her concern about the massiveness of the sign for the space. Mr. Carl Swain, P.O. BOX 3701, Long Beach, provided the Council with some perspective on the sign. He stated it was not easy to design a sign for a center that sits back and is not on a corner. He needs a sign that can be seen from the intersection of Valley View Street and Ball Road. Mr. Paul DeRobio, 556 South Rose Street, Anaheim, designer of the signage, described the proposed sign and presented plans of the center. He stated that signage was of the utmost importance in leasing spaces in the center and he volunteered to answer questions from the Council. 12 -~~`r~y CITY COUNCIL MINUTES June 24, 1991 Councilmember Kerry asked why the address of the commercial center couldn't be placed on the sign. Mr. DeRobio stated he would add the address to the sign. Pastor Dale Johnson, Mt. Calvary Lutheran Church, 5895 Ball Road, Cypress, advised they are neighbors of the commercial center and have worked very closely with the developer. The church has approved the signage as presented by the developer and felt it was reasonable for the site. Mayor Bowman remarked that he believed the City would be better off with a larger sign than empty stores and providing all the panels were the same size reducing the height to 13 feet, he doesn't have a problem with the sign. It was moved by Councilmember Age and seconded by Councilmember Kerry to deny the appeal to install a freestanding sign for the Cypress Court commercial center, DRC No. 91-12. Councilmember Partin asked staff to consider two smaller monument signs because the signage needs to be resolved. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ACCEPTABLE PARKWAY TREES ORDINANCE: The Acting Public Works Director reviewed the staff report dated June 11, 1991 indicating that staff had prepared an ordinance establishing an official list of ten tree species suitable for planting in City parkways and specifying where they should be planted. In addition, five other tree species have been designed as conditionally approved tree species for planting in City parkways where special circumstances warrant their use. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve the first reading of the Ordinance by title only, title as follows, establishing acceptable parkway trees in the City of Cypress. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING ACCEPTABLE CITY PARKWAY TREES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF INCREASE IN THE RESIDENTIAL REFUSE DISPOSAL RATE: The City Manager summarized the staff report dated June 14, 1991, which outlined the events that have taken place in order to meet the state mandated direction of implementing an overall waste management program. The three components involved in order to implement the residential refuse rate increase are: implementation of recycling program, landfill gate fee increases and AB 939 plan and program reimbursement. The monthly refuse rate would increase from $10.45 to $11.87 per household. In addition to the residential refuse rate change, the residential recycling program requires establishing a rental rate for additional trash container. Staff recommended setting the fee at $5.00 per month for a minimum of six months and require a $10.00 delivery charge. After further discussion, it was moved by Councilmember Partin and seconded by Councilmember Kerry to approve the $1.42 per month increase in the residential refuse disposal rates and establish the additional trash container rate, as outlined in the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson,. Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF POSITION RECLASSIFICATION/BUDGET CLARIFICATION FOR ADMINISTRATIVE INTERN: The City Manager presented the staff report dated June 17, 1991 which indicated that a review of the Administrative Intern position revealed that the City's practice had incorrectly classified the position as an independent contractor and is not in compliance with State and Federal mandates. To avoid State and Federal penalties, the position has been amended to correctly reflect atemporary/part- time classification. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson that the City Council and acting as ex officio Board of Directors of the Cypress Recreation and Park District, a subsidiary District of the City of Cypress, ratify the following action taken for compliance with State and Federal laws: 1) reclassification of the 13 CITY COUNCIL MINUTES June 24, 1991 Administrative Intern position from independent contractor to temporary/part-time for the City of Cypress and the Cypress Recreation and Park District and 2) transfer of current year and fiscal year 1991-92 budgeted funds for the Administrative Intern position from the contract labor account to the part-time salaries account for the Planning Department and the Recreation and Park District. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF MANDATORY RETIREMENT PLAN FOR PART-TIME EMPLOYEES: The City Manager asked the Personnel Director to present the staff report dated June 17, 1991, which addressed the requirement that all state and local government employees shall be covered by a "qualified" retirement system. For the City and the Recreation and Park District, this law will affect all of the temporary part-time and seasonal employees not currently covered by the Public Employees Retirement System and Orange County Employees Retirement System. There are several different options being considered based on the individual needs of each City. It was moved by Councilmember Partin and seconded by Councilmember Kerry to authorize and direct staff to: 1) Research and study the alternatives available relating to the implementation of "OBRA 1990," and recommend to the City Council the best alternative for the City to be adopted prior to December 31, 1991; and 2) Effective July 5, 1991, deduct 7.5% of the qualified wages of City employees not covered by a retirement system and place this money in a special fund to be used to pay the retirement cost, as established in the future retirement plan; and any adjustments of the amount deducted shall be reconciled after the retirement plan is adopted. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CITY COUNCIL APPOINTMENT TO THE TRAFFIC COMMISSION: Mayor Bowman stated that the Council interviewed three applicants for the single vacancy on the Traffic Commission on June 10, 1991. It was moved by Councilmember Age and seconded by Councilmember Nicholson to nominate Carl David Re for the position. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DETERMINATION OF BENEFIT TO THE CIVIC CENTER REDEVELOPMENT PROJECT AREA OF ACTIONS UNDER AN OWNER PARTICIPATION AGREEMENT WITH CYPRESS HOMES, INC.: The City Manager requested that Ms. Maryanne Goodkind of the City Attorney's office, Burke, Williams and Sorenson review their report dated June 18, 1991 which indicated that the initial phase of public improvements by Cypress Homes, Inc. is completed and it is now appropriate for the City and the Agency each to adopt a Resolution concerning the execution and delivery of the Note and the benefit of the improvements to the Project Area. Councilmember Age stated that Security Pacific Bank, her employer, was involved in this project and she has abstained on this issue in the past and will again abstain from voting. The City Attorney stated that Councilmember Age has consulted him and he has advised her that she should abstain from voting on Items 44, 45, 46, 49 and 50. It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, determining benefit to the Redevelopment Agency of the City of Cypress Civic Center Redevelopment Project Area. RESOLUTION NO. 3954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING BENEFIT TO THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS CIVIC CENTER REDEVELOPMENT PROJECT AREA. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED:1 COUNCILMEMBERS: Age 14 ~ S'r CITY COUNCIL MINUTES June 24, 1991 CONSIDERATION OF ANNUAL LEVY BY COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS FOR THE FISCAL YEAR 1991-92: Ms. Goodkind summarized the report dated June 18, 1991 indicating that the City Council acting as the legislative body of the Community Facilities District No. 1 (Sorrento Homes) of the City of Cypress adopted an ordinance which levied a special tax pursuant to the Mello-Roos Act and it is now appropriate to levy the first special tax for the Fiscal Year 1991-92. The fact there is six months capitalized interest, the levies on the two different types of homes are considerably lower that the maximum tax that is authorized pursuant to that Ordinance. Responding to questions from Council, Ms. Goodkind replied that there is the overall debt service to consider, the initial administrative fee and then there is an annual administrative fee for each Fiscal Year. The City Manager explained that the City does not know the exact administrative cost that will be incurred, so in the initial issuance there are reserve funds for this purpose. Responding to Mayor Bowman, the Finance Director answered that the reason 113 lots will not be assessed is because they have not been completed yet; therefore, they are not on the tax rolls as separate units for the current year, but will in the following year. Mayor Bowman stated that those units are all part of the Mello-Roos district and those 113 sites are not contributing to the tax. He also stated that he was not aware that 113 lots were not going to be taxed and excluded from the assessment. After further discussion, Mayor Bowman suggested that this item be continued to the meeting of July 8 and directed the City Attorney's office to bring the agreement to indicate where it says these 113 sites wouldn't be included in the assessment. He would not vote for this tonight. The Finance Director commented that he believed that, as of the date of this document, no homeowner was liable. They haven't moved in or accepted any of the property; therefore, the developer will pay the full tax. It was moved by Mayor Bowman and seconded by Councilmember Partin to continue this item to the meeting of July 8, 1991 for further clarification. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED:1 COUNCILMEMBERS: Age CONSIDERATION OF APPROVAL OF THE DEFEASANCE OF THE 1966 CYPRESS CIVIC CENTER CORPORATION LEASEHOLD REVENUE BONDS AND APPROVAL AND AUTHORIZATION OF THE EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION (CIVIC CENTER REFINANCING AND IMPROVEMENT PROJECTS) EVIDENCING INTERESTS IN LEASE PAYMENTS TO BE MADE BY THE CITY TO THE REDEVELOPMENT AGENCY: The City Attorney's office presented the staff report dated June 18, 1991, which indicated this relates to the refinancing of the Civic Center Facility for the primary purpose of financing the acquisition and construction of a new Senior Citizens Center. In order to fund this, staff is proposing to: 1) defease the 1966 leasehold revenue bonds, which would release the Civic Center form the lien created under those bonds; and 2) execute and deliver Certificates of Participation (COP) in an amount not to exceed $6,000,000. The COP transaction would be secured by a new lien on the Civic Center site and facilities. It is proposed that the Certificates be sold at a public sale. The City has retained the services of Seidler- Fitzgerald as financial advisor and Burke, Williams, Sorensen & Gaar as Special Counsel. The suggested Resolution approved the defeasance of the 1966 bonds, the issuance of the COP and the projects to be financed by COP and approved the execution of the following documents: Escrow Deposit Agreement, Base Lease, Lease Agreement, Memorandum of Lease Agreement, Reimbursement Agreement and Preliminary Official Statement. Responding to Councilmember Kerry, Ms. Goodkind advised that the minimum price for the bonds would be minimum $5,000 and when a sale date was known, notices would be sent to the citizens to apprise them of the sale date and a phone number they could place orders. Mr. John White, Seidler-Fitzgerald, provided additional explanation and he reported that the interest rate, conservatively, would be about 7.5% in today's market. It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving defeasance of certain bonds and approval and authorization of the execution and delivery of certificates of participation evidencing interests in lease payments to be made by the City to the Redevelopment Agency. 15 CITY COUNCIL MINUTES June 24, 1991 RESOLUTION NO. 3955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE DEFEASANCE OF CERTAIN BONDS, DETERMINING THAT CERTAIN PROJECTS ARE OF BENEFIT TO THE CIVIC CENTER REDEVELOPMENT AREA AS AMENDED; APPROVING CERTAIN PUBLIC PROJECTS; APPROVING THE SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION (CIVIC CENTER REFINANCING AND IMPROVEMENT PROJECTS), IN THE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000 IN ORDER TO PROVIDE FUNDS TO PAY THE COSTS OF SUCH PROJECTS; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE SALE AND DELIVERY OF SAID CERTIFICATES OF PARTICIPATION; APPROVING AND AUTHORIZING REIMBURSEMENT CONTRACT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE SALE AND DELIVERY OF SAID CERTIFICATES OF PARTICIPATION. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT 0 COUNCILMEMBERS: None ABSTAINED:I COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 45555 - 45817: It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Warrants No. 45555 through 45817 in the amount of $670,295.29. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 11:12 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:16 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:19 p.m. to 5:00 p.m. on July 8, 1991 in the Administrative Conference Room. ATTEST: I ~ .j, i 16