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Minutes 93-11-08 A MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 8, 1993 The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m. on Monday, November 8, 1993, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Eynon, Munoz, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: The City Manager asked the Finance Director to review the staff report dated November 1, 1993, which indicated that four bids were received for the publication of legal advertising. Samples of the City's legal advertisements were sent along with the request for bids. The low bid was received from North County News. A letter was received from the News-Enterprise revealing some concerns about the different column sizes. Some of the concerns expressed were the North County News is an insert in the Orange County Register and the legal advertisements were only adjudicated in the Buena Park edition. However, the Finance Director reported they will run copies in the Cypress News and the La Palma News. Staff recommended that City Council accept the bid received from the North County News. Mrs. Gerry Erskine, News-Enterprise, explained the requirements for a legal advertisement and the difference between the ads run in the News-Enterprise and North County News. After some discussion, Councilmember Bowman suggested that there be some further review of the two newspapers. Mr. Rick Beatty, publisher of the North County News, commented that the problems in the past with the Buena Park News was with previous owners. The paper is delivered with the Orange County Register, which would explain the number of paid subscribers. They have contracts with the cities of Anaheim and Orange and print nearly all the legals for the North County cities except for Buena Park and La Palma. Councilmember Age stated she was ready to vote on this item. The News- Enterprise has been around a long time and everyone is familiar with it. It was moved by Councilmember Age and seconded by Councilmember Partin to accept the bid received from the News-Enterprise, 3622 Florita Street, Los Alamitos, CA 90620 and award the contract for publication of legal advertisements to this company for the period November 10, 1993 through November 10, 1996. Councilmember Partin remarked that he subscribed to the News-Enterprise and 1 t'~, CITY COUNCIL MINUTES November 8, 1993 local interest is what makes readership which is why the local citizens take a paper. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The City Attorney stated that the contract with the News-Enterprise expired on November 10 and an extension is needed. With respect to the bidding itself, it is imperative to note that this is a service contract, not a public works contract. Although the language in the staff report states, "lowest responsible bidder," it is legal terminology that applies only to public work contracts and, as such, the Council can award a service contract to the bidder it deems the most responsible. The Council has made determinations that the News-Enterprise is reputable and responsible. CONSIDERATION OF AWARD OF CONTRACT FOR LEASE/PURCHASE OF THE CYPRESS RECREATION AND PARK DISTRICT PHONE INFORMATION/VOICE MAIL SYSTEM: The Recreation and Park Director presented the staff report dated November 1, 1993, which described the four bids received for the Cypress Recreation and Park District telephone and voice mail system. The bids were evaluated with a weighted value factor on both technical merit and equipment/installation cost. After some discussion, the Recreation and Park Director explained that the callers would always get an operator first and then be directed by that operator to the proper person. It was moved by Councilmember Nicholson 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. Approve the transfer of $9,620.00 from the General Fund Account 4187-12- 301.10 to Central Services Fund Account 4526-83-650.35. 2. Award contract to Business Telecommunications Systems, Inc., Corona, California, 91719, in the amount of 59,620.00 from the Central Services Fund Account 4526-83-650.35 for the equipment and installation of the Cypress Recreation and Park District Telephone Information and Voice Mail System. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the Consent Calendar Items No. 3 through 14. The motion unanimously carried by the following roll call vote: 2 ~ CITY COUNCIL MINUTES November 8, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 3: Motion to Approve City Council Minutes of the Regular Meeting of October 25, 1993. Recommendation: That the City Council approve the Minutes of October 25, 1993, as submitted, with Mayor Pro Tem Age abstaining due to her absence at the meeting. Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Proclaiming November 21 - 27, 1993, as "Family Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim November 21 - 27, 1993, as "Family Week" in the City of Cypress. Item No. 6: Consideration of Proclaiming December 1, 1993, as "World AIDS ay. Recommendation: That the Mayor and City Council officially proclaim December 1, 1993, as "World AIDS Day" in the City of Cypress. Item No. 7: Consideration of Monthly Investment Program for the Month of September 1993. Recommendation: Receive and file. Item No. 8: Consideration of Proclaiming December 1993, as "Drunk and Drugged Driving Prevention Month." Recommendation: That the City Council officially proclaim December 1993, as "Drunk and Drugged Driving Prevention Month" in the City of Cypress. Item No. 9: Consideration of Adoption of Resolution Commending Eagle Scout Robert Douglass Fowler. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Robert Douglass Fowler. RESOLUTION NO. 4254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT ROBERT DOUGLASS FOWLER ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 10: Consideration of City of Cypress Lighting District No. 2 - 1994. Recommendation: That the City Council adopt the Resolution by title only, title as follows, ordering the City Engineer to prepare a Preliminary Report for Cypress Lighting District No. 2, to be presented at the November 22, 1993 City Council meeting. 3 . _..v CITY COUNCIL MINUTES November 8, 1993 RESOLUTION NO. 4255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919," FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY, FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 1, 1994, AND ENDING JANUARY 1, 1995. Item No. 1 1: Consideration of CATV Commission's Recommendation to Co- sponsor an Ascertainment Study. Recommendation: That the City Council authorize the CATV Commission to co- sponsor with Copley/Colony Cablevision of Cypress the cable programming ascertainment study focus group meetings as outlined in the report. Item No. 12: Consideration of Resolution confirming the City's Use of FCC Procedural Rules Applicable to Cable Rate Regulation Proceedings. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 4256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TO AUTHORIZE CITY REGULATION OF THE RATES CHARGED FOR THE BASIC TIER OF CABLE TELEVISION SERVICE. Item No. 13: Consideration of Adoption of Resolution Establishing Salary Ranges for the City Manager as Provided for in His Contract. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 4257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4253, ESTABLISHING SALARY RANGES AND OTHER BENEFIT CHANGES FOR THE TOP MANAGEMENT POSITIONS. Recreation & Park District Matters: Item No. 14: Consideration of the 1993 Cypress Community Festival Evaluation. Recommendation: That the City Council, acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District, receive and file this report. END OF CONSENT CALENDAR 4 +J CITY COUNCIL MINUTES November 8, 1993 ORDINANCES (Second Reading) & RESOLUTIONS: Councilmember Age advised that she would abstain from voting on the following Ordinances & Resolutions due to her absence at the October 25, 1993 meeting. ~w.z- It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving CUP No. 93-9. RESOLUTION N0. 4258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93-9 -WITH CONDITIONS (DOMINICO DELI, 6273 BALL ROAD, CYPRESS) The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 76-1 1. RESOLUTION NO. 4259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-1 1 - WITH CONDITIONS (ADD KITCHEN AND BATHROOMS TO EXISTING CHURCH, 4421 CERRITOS AVENUE, CYPRESS.) The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving CUP No. 93-13. RESOLUTION NO. 4260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93-13 -WITH CONDITIONS (OFF-SITE SCHOOL GYMNASIUM, 6125 CHIP AVENUE, CYPRESS.) The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None 5 .t~~ CITY COUNCIL MINUTES November 8, 1993 ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Zoning Code Section 6. ORDINANCE NO. 904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING ZONING CODE SECTION 6 TO EXEMPT THE CITY OF CYPRESS FROM THE REQUIREMENTS OF ZONING. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS:Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age The Planning Director introduced the Traffic Consultant, Steve Sasaki, who made a presentation on the transportation issues and mitigation fees. A handout was provided to the Council with an overview of the fees and some decision points that will need policy input. Mr. Sasaki briefly highlighted the important points in the handout. The City Manager stated that there will be a workshop session on this issue on November 15, 1993. CLOSED SESSION: Mayor Kerry recessed the meeting at 6:20 p.m. to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers present. Also present were staff members Bacock, Barrett, DeCarlo, Eynon, Munoz, Storey and Wicker. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Partin. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Patrick Nghalty, 5051 Canterbury Drive, Cypress, reported an incident that occurred on Halloween evening on Canterbury Drive with a police vehicle in high speed pursuit with the many children out for Halloween. He didn't understand the policy of pursuit with speeds of 60 to 70 mph and expressed concern about this issue. The Police Chief stated that he would be preparing a detailed report for the Council on this incident and would share the report with the residents on Canterbury Drive. Mr. Nghalty requested to see a copy of the present policy and any revised policy that may be written. Ms. Susan Mercier, 5131 Canterbury Drive, Cypress, stated that her concerns echoed those of Mr. Nghalty. In addition, she remarked that the car rammed into the house at the end of the street and asked the City's policy regarding the substantial damage that was incurred by the homeowner. The City Manager summarized the items and actions taken by the Council on the 5:30 p.m. Agenda. 6 o t ° D CITY COUNCIL MINUTES November 8, 1993 The City Attorney reviewed the discussions held by Council during Closed Session on two matters: pending litigation matter of Sgt. Stanton vs. City of Cypress and personnel matters on employee negotiations. Mayor Kerry mentioned the fire storms and advised that several organizations in Cypress are collecting donations for the victims. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. Mayor Kerry announced that she had received a request from the Council to move Item No. 23, CONSIDERATION OF COMMUNICATION RECEIVED FROM MR. LEE BUZZARD REPRESENTING THE CYPRESS PUBLIC SAFETY EMPLOYEES ASSOCIATION, forward. It was moved by Councilmember Bowman and seconded by Councilmember Age to move Item No. 23 forward. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mr. Lee Buzzard, Chief Negotiator for the CPSEA, stated that the Association had directed him to address two areas of concern, i.e., increasingly poor communication from the top management of the City as directed toward the Association in Labor Relations matters and the apparent action of the City Council in recently providing a raise to the City Manager. He called Council's attention to a letter written by the Personnel Director. The Association asked Council to direct the City Manager to respond properly to their complaints, grievances and requests for information. He mentioned the salary increase given to the City Manager. Negotiations resume between the City and the CPSEA on November 23 and the bottom line message he has been instructed to deliver to Council is that they require Council to direct the negotiators to come forward with proposals that show appreciable improvement in the City's position. Mayor Kerry remarked that she appreciated the professional behavior exhibited and the Council is very supportive of the Police Department. Several issues have been raised regarding communications and a meeting with the City Manager will be held on Wednesday and she hoped that some things can be resolved. At the Mayor's request, the City Attorney explained the reasons for the Council's action in providing the present contract and the resulting salary increase to the City Manager. Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, commented that the police officers need more money and the City needs more police officers. She did not see any reason for the City Manager to receive a 15% raise when the City needed more police officers. Responding to Councilmember Bowman, the Police Chief would have the information on the number of unsworn officers in 1976 and 1993 and the Finance Director responded to the question on funding for the refurnishing k. of a office at City Hall. Councilmember Bowman asked what the average compensation was for a police officer in the City of Cypress. Councilmember Age asked for the salary of police agent and police sergeant. The Finance Director reported that for Calendar Year 1992, the W-2 information on the average police sergeant's salary was 575,000; police agent was 564,400 and average police officers salary was 559,900. He then ranked the wages of the Cypress Police in the County with salary and benefits. 7 /i-~'/~q f y t: CITY COUNCIL MINUTES November 8, 1993 David Birozy, 5275 Orange Avenue, Cypress, stated that if the City Council hadn't neglected the Police Department for the last several years, the overtime wouldn't be out of control. The reports from the auditing firm that the police association has retained will be brought to the attention of the Council. Ms. Terrye Barile, 9594 Peartree Lane, Cypress, commented that the City needs more police and if she can afford to pay 52.50 per month more for street sweeping then ask her to pay more for police and she will. Councilmember Age encouraged the citizens to call City Hall and voice their opinion. RECESS: Mayor Kerry recessed the meeting at 8:45 p.m. and reconvened at 8:55 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT 93-5, SECTION 9.8-3, SECOND UNIT ORDINANCE, SECTION 8, DEFINITIONS, ADDITION OF SECOND UNIT: The public hearing was opened by Mayor Kerry. The staff report dated November 1, 1993, requested that consideration of the adoption of a Second Unit Ordinance be continued. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the Council meeting of December 13, 1993. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93- 14, BILLIARD PARLOR WITH ON SITE BEER AND WINE, 91 1 1 VALLEY VIEW STREET, SUITES 107 AND 108: Mayor Kerry opened the public hearing. The Planning Director reviewed the staff report dated October 28, 1993, which represented a request to operate a billiard parlor with the service of onsite beer and wine and snacks in the Campus View Center at 91 1 1 Valley View Street. According to the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. The proposed facility will have 20 full-sized billiard tables that are computer timed, with a remote radio control of the table light fixtures. Staff recommended that the proposed billiard parlor be conditioned to require that a security guard be on the premises on Fridays and Saturdays from 6 p.m. to closing. Staff felt that the proposed billiard parlor will be appropriate for that location and will be compatible with surrounding uses, subject to the conditions of approval. Also, the applicants have successfully operated the adjacent video arcade in harmony with surrounding uses. Notices of the public hearing have been published, posted and mailed to all property owners within a 300 foot radius. At the time of publication of this report, staff had received no public comment. Mr. Herb Andrews, 139 Starcrest, Irvine, volunteered to answer any questions from Council and stated he would like to specifically address the issue of hours of operation. He advised Council that the neighbors had received copies of the same documents submitted to the City. The neighbors expressed concern about the south door not being a point of access for patrons. This access will only be used as an emergency exit. He also advised that his tenant would like a 1:00 a.m. closing time from Sunday through Thursday and a 2:00 a.m. closing time on Fridays and Saturdays and on certain holidays. 8 y~ ' Cf p i ~ CITY COUNCIL MINUTES November 8, 1993 Councilmember Age asked the applicant, Eli Deukmajian, if he would consider hiring a security guard from 9 p.m. to 1 a.m. on Sunday through Thursday and he replied in the negative. After a discussion of hours of operation and security coverage, Mayor Kerry asked if the hours of operation during the week could be limited to 12 midnight with a year's trial. Mr. Andrews explained that this facility will be remodeled at a cost of 5200,000 and will be a very special billiards parlor. Councilmember Bowman remarked that he did not have a problem with the parlor remaining open until 1 a.m. during the week. Councilmembers Nicholson and Partin concurred. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to close the public hearing, certify the negative declaration according to the requirements of the California Environmental Quality Act; and approve Conditional Use Permit No. 93-14, subject to conditions, with the hours of operation to be 10 a.m. to 1 a.m. Sunday through Thursday and 10 a.m. to 2 a.m. on Friday, Saturday and holidays. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: TRIP REDUCTION ORDINANCE IN R COMPLIANCE WITH THE AIR QUALITY MANAGEMENT PLAN FOR THE SOUTH COAST AIR BASIN: The public hearing was declared open by Mayor Kerry. It was moved by Councilmember Age and seconded by Councilmember Partin to take this item off calendar for further research. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUED CONSIDERATION OF ZONING ORDINANCE NO. 92-4. AMENDMENT TO SECTION 15 -SIGNS OF THE ZONING CODE: The staff report dated October 26, 1993 advised that, to date, a workshop had not been scheduled and staff requested Council direction on how to proceed with the Sign Ordinance Update. Councilmember Nicholson stated that something needed to be done about implementing the sign ordinance. Mayor Kerry commented that there is a sign ordinance in place and suggested enforcing the existing code. Councilmember Bowman stated that the present ordinance does have the enforceability to address signs on flat bed trucks and signs on City property and he requested the Code Enforcement Officer be advised. Ms. Sheila Elkin, Executive Director of the Cypress Chamber of Commerce, reported that they have one to two calls a week from businesses asking to place banners promoting their business to help them in these uncertain economic times. The City Manager cautioned that sign ordinance enforcement has to be strictly enforced and it cannot be done selectively. 9 ~,i~ G - ~ , CITY COUNCIL MINUTES November 8, 1993 Mayor Kerry suggested that a workshop be scheduled for the first part of the year. She asked the City Attorney if she would be allowed to speak on this issue because she does have a sign business. The City Attorney will investigate and report back to Council. After further discussion on when to conduct the workshop, it was moved by Councilmember Age and seconded by Councilmember Partin to table this item until February 1994 and then set a date in March. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION RECEIVED FROM MR. JOHN E. HALL. III, OF THE CYPRESS "POPS" ORCHESTRA: The staff report dated November 3, 1993, indicated that a communication had been received from the Cypress "Pops" Orchestra requesting the City Council to consider matching funds for the Holiday Concert to be held on December 1 1, 1993. However, the City Manager advised the Council that he had received a telephone call from Mr. Hall withdrawing the request at this time. It was moved by Councilmember Partin and seconded by Councilmember Age to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION OF APPLICANTS FOR THE CYPRESS RELOCATION APPEALS BOARD: The City Manager presented the staff report dated November 2, 1993, which indicated that the Cypress Relocation Appeals Board had been established by Council action at the meeting of September 13, 1993. Seven applications have been received and staff requested that the City Council determine a time and date to conduct the interview session. The Planning Director advised that the Wicker Drive properties had been noticed. After additional discussion, the Council agreed to interview the applicants for the Cypress Relocation Appeals Board at 4:30 p.m. on November 22, 1993. Mayor Kerry suggested that the cutoff date for applications be November 18, 1993 so the applications can be provided to the Council prior to the meeting. CONSIDERATION OF COMPLIANCE WITH CONDITIONS OF APPROVAL FOR DRC 92-27 -PERIMETER BLOCK WALL. 8075-8125 ACACIA CIRCLE: The City Manager asked the Planning Director to summarize the staff report dated November 2, 1993, which addressed the resolution of an issue related to the construction of the required perimeter block wall for the tract. The six new homes are being built adjacent to an existing single-family home tract to the west and south. In this case, the proposed change to comply with a required condition indicated the need for a policy interpretation from the City Council. In response to Condition of Approval No. 3, the developer had notified City staff he had been unable to obtain written permission from adjacent property owners to take down their existing walls and fences. Since he cannot proceed with his development until a retaining wall is in place, he had asked permission to place the new wall on his side of the property line. Without approval of adjacent property owners; however, the only practical io Cs CITY COUNCIL MINUTES November 8, 1993 alternative is to develop anew-wall next to existing walls and fences. Staff requested City Council to direct them as to whether the construction of the perimeter wall adjacent to existing walls adequately satisfied Condition No. 3 and to address the more recent request to change the block wall to a wooden fence. Mr. Sam Anvary, Pacific Land Development, 9849 Flower St., Suite D, Bellflower, advised that the existing wall cannot be added to and some of the neighbors did not want the existing block wall to be removed. The application is proposing a retaining wall to compensate for the differential in the pad elevation and for a wooden fence. Responding to Councilmember Partin, the Planning Director expressed a concern about using existing walls that might be of different construction, age and material. Staff could look at the walls to determine if there would be a safety factor and return to Council at the next meeting. Councilmember Nicholson voiced the opinion that she is not opposed to the second wall as long as safety was not a concern but wanted a block wall. The Acting City Engineer advised that the walls can be built next to one another so there is no gap even if there is a grade differential. It was moved by Councilmember Nicholson and seconded by Councilmember Age to approve the building of the secondary block wall. Councilmember Bowman abstained because of a possible financial interest in the property. The motion carried by the following roll call vote: AYES: 4 C'OUNCILMEMBERS: Age, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Bowman CONSIDERATION OF CITY COUNCIL'S POSITION REGARDING THE REUSE PROCESS FOR THE EL TORO MARINE CORPS AIR STATION: Mayor Kerry and the Council had requested this issue be placed on the agenda to determine the position of the City of Cypress on the reuse process for the EI Toro Marine Corps Air Station. The City Manager stated that this issue has been discussed at recent City Managers' meetings and the Planning Director also had attended meetings on the reuse issue. The latest communication received was from the City of Garden Grove, which transmitted their resolution approving an 1 1 member committee. Councilmember Age asked the City Attorney if she would be required to abstain from voting on this issue because of her position on the Orange County Airport Commission; however, she has no financial interest in the issue. The City Attorney replied that if there is no foreseeable financial interest Councilmember Age could vote. Councilmember Bowman remarked that this Council should get involved and of all the proposals, he believed this was the most realistic one. It was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the appointment of one member representing each supervisorial district, the Board of Supervisors and the City of Irvine. The motion unanimously carried by the following roll call vote: 11 r CITY COUNCIL MINUTES November 8, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Kerry reported that additional cities now have signed in support of the reuse process and the City of Cypress should add its name to the list and send it on to the Board of Supervisors and all of the other cities letting them know that the City of Cypress supports this plan. CONSIDERATION OF ALLOWING CITY STAFF TO EXPLORE REFINANCING OF THE CITY OF CYPRESS COMMUNITY FACILITIES DISTRICT N0. 1 (SORRENTO HOMES) 1990 SPECIAL TAX BONDS AND EMPLOY CONSULTANTS ON A CONTINGENCY BASIS: The City Manager requested the Finance Director review the staff report dated November 1, 1993, which represented consideration be given to refinancing the 1990 Special Tax Bonds for the Mello Roos project area. Interest rates have come down considerably in the last couple of years. Initial analysis of the current market indicated that the existing bonds, with interest rates ranging from 7.10% to 8.80% could be refunded with bonds having interest rates ranging from 4.00% to 6.75%. All costs associated with the refinancing would be reimbursed by the refunding bond proceeds. Councilmember Age would abstain from voting on this item because her employer, Bank of America, is involved in the refinancing of the project. The City Manager suggested that the homeowners could be noticed and they could contact the financial consultant in order to pursue the financing alternatives. It as moved by Councilmember Partin and seconded by Councilmember Bowman to authorize City staff to negotiate with and hire a finance team consisting of a Financial Consultant, underwriter and bond counsel for the refunding of the City of Cypress Community Facilities District No. 1 (Sorrento Homes) 1990 Special Tax Bonds at no direct cost to the City. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 7176 - 7395: It was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the Commercial Warrant List for Warrants No. 7176 through 7395 in the amount of 5970,086.17. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 12 . . CITY COUNCIL MINUTES November 8, 1993 CLOSED SESSION: Mayor Kerry recessed the meeting at 10:15 to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 10:45 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:45 p.m. to Monday, November 15, 1993 at 5:30 p.m. in the Administrative Conference Room. ~a MAYOR OF THE C YPRESS ATTEST: CITY CLERK OF TH CITY OF CYPRESS 13