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Minutes 94-02-28 -:, I MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 28, 1994 The Regular Meeting of the cypress City Council was called to order on Monday, February 28,1994 at 4:35 p.m., In the Administrative Conference Room, West wing, City Hall, 5275 orange Avenue, cypress, Mayor pro Tem Joyce Nicholson presiding. PRESENT: ABSENT: Council members Age, Bowman and Nicholson Mayor partin and Council member Kerry --- Also present were City Manager/City Clerk Darrell Essex, Recreation & park Director Marvin Decarlo, Patricia Bailey, Recreation Services Manager and sheryl GOnzales, project Manager. COUNCILMEMBER KERRY ARRIVED AT 4:40 P.M. Dr. Larry Bramble, Co-chair of the Cultural Arts steering Committee made several introductory remarks and mentioned the central part of the plan, which was cypress Cultural Gardens. The funding of the Cultural Gardens would come primarily from private funds and the Committee needed the Council's permission to pursue those funding sources. The committee was present to ask the Council for money to conduct a feasIDllfty study for fund raising and a feasibility stUdY on the property Itself. Members of the Committee who were present provided their input on Arts In Education, Funding Development, Marketing and programming. Mrs. Linda Sunley stated that cypress Cultural Gardens be self-supporting, she suggested restructuring FOCCA and asked that the Council validate the plan. Ms. Frann Shermet reported that the two most visible arts groups in the community are the CYpress POPs Orchestra and the cypress Civic Theater Guild. She stated that the subject of Visual Arts needed to be addressed. There was some discussion about the Cultural Arts Commission being absorbed by FOCCA. There was also discussion on the amount of staff time that has been used to guide Commissions/Committees and assurances were given that, in the future, the amount of staff time would be greatlY reduced. Dr. Bramble commented that approximately a year would be needed for the feasibility stUdY to be conducted for $25,000 to $30,000 with the money already budgeted. He asked for Council approval that would allow them to proceed. RECESS: Mayor pro Tem Nicholson recessed the meeting at 5:25 p.m. to enable the Council to proceed to the Council Chamber. The meeting reconvened at 5:36 p.m. with all Councllmembers present except Mayor Partin. Also present were City Manager/City Clerk Darrell Essex and staff members Bacock, Decarlo, EynOn, Munoz and Wicker. MAYOR PARTIN ARRIVED AT 5:37 P.M. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF ADDENDUM TO CONSULTANT AGREEMENT FOR THE STUDY. PREPARATION AND PROCESS OF APPROPRIATE TRAFFIClTRANSPORTATION STUDIES AND DOCUMENTATION FOR SPECIFIC PLAN/GENERAL PLAN CONSISTENCY AND COMPLIANCE WITH MEASURE M TASKS: The Planning Director presented the staff report dated February 22,1994, which Indicated that the Item was previously before the Council In a workshop session on October 12, 1993. Following staff's workshop presentation, Council approved the consultants amendment to their scope of work and authorized them to proceed with the tasks outlined in the staff report. At this time, staff is continuing to move forward with the work and is requesting formal approval from the City Council authorizing the award of contract for amended scope of consultant services with WPA Traffic Engineers Inc., in the amount of $21,500. The City Manager added that the Traffic consultant, Mr. Steve sasaki did appear at the City Manager's meeting to explain the regional impact of compliance with Measure M tasks. The Planning Director advised that OCTA has also requested the Traffic Consultant report because they are considering a regional approach in setting fees. It was moved by Council member Age and seconded by Council member Nicholson to: d - .Ji'/ ~ 57 CITY COUNCIL MINUTES February 28,1994 1. Authorize the City Manager/Executive Director to enter into a contract for consultant services with WPA Traffic Engineers Inc., for the scope of work in Attachment "A"; and 2. APpropriate $21,500.00 from the fund balance of the Business Park Traffic Mitigation Fee Fund, Account No. 4189-24-273-07. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o 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. The City Manager acknowledged that the Council had not received the Minutes of the Minutes of February 5, 7 and 14, 1994 and asked that this item be continued. Council had received the minutes of January 31, 1994 this evening and approval of those minutes could also be continued. Mayor Partin suggested that the entire item be continued to March 14,1994 and, hearing no objection, he so ordered. Councilmember Nicholson requested that Items NO.5 and 10, Consideration of Claim Filed by Michael A. Lotta, ESQ., On Behalf of Alan Ploshchansky, a Minor, and Yevgeny Ploshchansky and Consideration of Amendment No.3 to Consultant Agreement for professional Services with Norris-Repke, Inc., Tree Removal and Concrete Repair, Public Works project NOS. 9260/9212, respectively, be pulled from the Consent calendar. Council member Kerry asked that Items No. 11 and 12, Consideration of Construction Contract change Orders for Project Nos. 8742, 8743, 9141, 9260 and 9212 and Consideration of Modification to Conditional Use Permit No. 85-9, John's Restaurant, Alteration of Facade, 4499 Cerritos Avenue, respectively, be removed. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve the Consent Calendar Items No.2 through 14, with the exception of Items NO.5, 10, 11 and 12. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item No.2: Motion to APprove City Council Minutes of the Adjourned Regular Meeting of January 31, 1994, February5, 1994, February 7,1994 and the Regular Meeting of February 14,1994. Recommendation: That the City Council Continue the Approval of the Minutes of January 31, 1994, February 5,1994, February 7,1994 and the Regular Meeting of February 14,1994 be continued to March 14, 1994. Item No.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading. Item No.4; Consideration of an Application for Alcoholic Beverage License Filed by orasak Milintavat and orasa SUdhlsa-Ard, D.B.A. Jim's liquor Mart, 4991 orange Avenue, cypress. Recommendation: Receive and file. Item No.6: Consideration of Monthly Investment Program for the Month of January 1994. Recommendation: Receive and file. Item No.7: Consideration of Audit Report of the City of Cypress' Appropriation limit for the Year Ended June 30, 1993. 2 ,- - .?'- ( 58 CITY COUNCIL MINUTES February 28, 1994 Recommendation: Receive and file. Item NO.8: Consideration of the single Audit Report for the Fiscal Year Ended June 30, 1993. Recommendation: Receive and file. Item No.9: Consideration of the City of Cypress Investment policy. Recommendation: Receive and file. Item NO. 13: Consideration of Application for Alcoholic Beverage License Filed by Julie C. & Robert G. Bautista, D.B.A. Darlo's Pizza and Brew, 9921 Walker Street, Cypress. Recommendation: Receive and file. Recreation & park District Matters: Item No. 14: Consideration of Audit Report of the Cypress Recreation and park District's Appropriation Limit for the Year Ended June 30, 1993. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, receive and file said report. END OF CONSENT CALENDAR In regard to Item NO.5, Council member Nicholson asked that this Item be discussed in Closed session. Regarding Item NO. 10, Consideration of Amendment NO.3 to Consultant Agreement for Professional Services with Norris-Repke, Inc., Tree Removal and Concrete Repair, Public Works project NOS. 9260/9212, Councilmember Nicholson asked If the additional work had to be done because the construction company hired wasn't doing a good job. The Acting City Engineer advised that this was a time only Change order issued to the consultant. The problem was the diameter of the trees were larger than stated In the scope of work, It took more time to remove and root prune the trees and included additional field support services of the design engineer, additional inspection due to the complexities and difficulties of the project, and resetting two existing survey monuments. Council member Bowman said It appeared that the reason they needed more money on the consulting contract was because the primary contractor wasn't performing according to standards and they should be liable for the extra money due the consultant. He suggested that the City Attorney write a letter to the contractor in an attempt to recoup the money from the primary contractor. It was moved by council member Bowman and seconded by Council member Age to approve Amendment No.3 to Consultant Agreement for Professional Services for public Works project NoS. 9260/9212 with Norris-Repke, Inc., 18231 Irvine Blvd., Suite 204, Tustin, CA 92680, for a contract amount not to exceed $4,272.00. Also, the Council directed the City Attorney to write a letter to the primary contractor who created the situation to reimburse the City for the $4,272. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item No. 11, Consideration of Construction contract Change Orders for Projects No. 8742, 8743, 9141, 9260 and 9212, Councilmember Kerry asked about the "unforeseen private 10 Inch sewer line within MoodY Creek Channel" and asked if this line were legal. The Acting City Engineer stated that the proper agencies have been notified that this private line had been discovered. It was moved by Councilmember Kerry and seconded by council member Nicholson to receive and file the report. The motion unanimously carried by the following roll call vote: 3 '59 CITY COUNCIL MINUTES February 28, 1994 AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Regarding Item NO. 12, Consideration of Modification to Conditional use Permit No. 85-9, John's Restaurant, Alteration of Facade, 4499 Cerritos Avenue, Councilmember Kerry asked why this item, from 1985, was on the agenda. The Planning Director explained that staff just became aware of an out-of-compliance situation, which couldn't be Ignored and was corrected through Design Review. It was moved by Council member Kerry and seconded by Councilmember Nicholson to concur with the Planning Director's approval of the facade alteration to John's Restaurant on the basis that the facade alteration did not affect the findings made in the granting of conditional use permit No. 85-9. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Council member Nicholson requested that the City of Lake Forest Resolution asking for support of AB 17 on newsstand material be placed on the March 14 Agenda. THE CITY ATTORNEY ARRIVED AT 6:00 P.M. CLOSED SESSION: Mayor partin recessed the meeting at 6:00 p.m. to allow the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:35 p.m., with all Council members present Also present were the City Manager/City Clerk, City Attorney and staff members Bacock, DeCarlo, Eynon, Munoz and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by council member Age. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. John Merzweiler, P.O. Box 3511, Huntington Beach, CA 92605 spoke about campaign contributions to two candidates from Huntington Beach that were running for the county supervisor'S seat to be vacated by Supervisor Harriett Weider. Mr. Michael calvert, representing the Board of Directors of Hotline of Southern california, spoke on the recent fundraiser and thanked the participants publicly for their overwhelming response for a successful event ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. The City Manager reported on the workshop session held at 4:30 p.m. with the Cypress Cultural Arts Plan Committee. He then summarized the actions taken by the City council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed discussions held during Closed Session on three Items: the Ploshchansky claim, labor negotiations and a termination. Regarding Consideration of Claim Filed by Michael A. Lotta, Esq., On Behalf of Alan Ploshchansky, a Minor, and Yevgeny Ploshchansky, it was moved by Councilmember Nicholson and seconded by Council member Age that the City council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and park District, officially reject the subject claim and refer it to the City/District's Claims Administrator, Carl Warren & co., for appropriate disposition. The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 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 4 c.~ 60 CITY COUNCIL MINUTES February 28, 1994 UNIT: Mayor Partin opened the public hearing and referred to the staff report dated February 22,1994, which requested a continuance of this item. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to continue this item to the March 14, 1994 City Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: MODIFICATION TO DEVELOPMENT AGREEMENT NO. 90-1. FIVE (5) YEAR EXTENSION OF HOTEL REQUIREMENT. NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET. ADJACENT TO THE LOS ALAMITOS RACE COURSE: The public hearing was opened by Mayor Partin. The Planning Director summarized the staff report dated February 24,1994, which advised that the applicant had presented his proposal at the Council meeting of February 14, 1994 and it was recommended by the City Attorney that this matter be continued to the meeting of February 28,1994, to allow for the preparation of an Ordinance permitting the proposed modification to the Development Agreement. No one wished to speak in support of or in opposition to the proposed amendment. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing; approve the first reading of the Ordinance by title only, title as follows, approving Amendment No.2 to Development Agreement No. 90-1 between the City of Cypress and Cypress Development partnership, LoS Alamitos Racecourse and FJC U.S.A. ("Developer"); and approve Amendment to Development Agreement No. 90-1 extending the requirement for a hotel to be open and operating on Planning Area 6 until May 24, 2000. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO.2 TO DEVELOPMENT AGREEMENT NO. 90-1 BETWEEN THE CITY OF CYPRESS AND CYPRESS DEVELOPMENT PARTNERSHIP; LOS ALAMITOS RACE COURSE, AND FJC U.S.A. ("DEVELOPER"). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93- 12. OUTDOOR SWAP MEET (MARKEn. 5303 KATELLA AVENUE: Mayor Partin opened the pUblic hearing. The City Manager asked the Planning Director to present the staff report and he stated that staff would recommend continuation of this item. The Planning Director, at this time, presented an additional modification to the request and she then summarized the staff report dated February 17 and 22, 1994, which described an application from Mr. Lloyd Arnold for an interim outdoor swap meet use to be operated on the property located at the northwest corner of Katella Avenue and Walker Street, adjacent to the Los Alamitos Race Course. The applicant is proposing the swap meet operation in the interim due to the uncertainty of the use and to retain the option of selling the property to a business park use developer in the future. Mr. Arnold informed staff that although he was seeking approval for the swap meet as an interim use, he would need a minimum five year commitment from the City in order to obtain the necessary financing for the start-up costs Of the swap meet operation. Staff's main area of concern was the fact that interim uses were not addressed within the Specific Plan. The temporary uses listed in the Specific Plan do not include swap meet use. Staff is requesting that Council open the pUblic hearing for Conditional Use Permit No. 93-12 and receive the issues/status report prepared by staff. In addition, staff is requesting that this item be continued to the meeting of March 14, 1994 to allow time for the completion of the environmental conformity analysis between the Cypress 5 d~t/p / b ' CITY COUNCIL MINUTES February 28, 1994 General Plan and the Cypress Business and Professional Center Specific Plan, which is required to be completed prior to any action taken on this item. The Planning Director reported that, on February 2S, revised plans were received that changed the parking and number of parking stalls. DUring discussion about the temporary and permanent use issues of the project, the City Manager cautioned that the information was for Council review and not for action or discussion as part of the hearing process because this item is scheduled for a public hearing with all parties present. The Planning Director advised that staff has thoroUghly reviewed the goals and policies, mitigation measures and development standards. staff will return to Council with an analysis of the Specific Plan amendment and, based on response from the Council at that time, appropriate changes will be made. The City Attorney suggested that the Council delay discussion on the information before them until the applicant has ali the information and continue the item. Responding to Council member Kerry, the City Attorney clarified that the granting of the conditional use permit is contingent upon the specific Plan amendment and there are no time constraints. The City Manager, in response to Council member NichOlson, advised that the City will make every attempt to obtain the sales tax revenue, if possible. It was moved by Councilmember Age and seconded by Council member NichOlson to continue this item to the City Council meeting of March 14, 1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, NichOlson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF INTERIM URGENCY ORDINANCE ESTABLISHING A TRAFFIC IMPROVEMENT FEE ADOPTED JANUARY 31.1994. AND INTRODUCTION OF PERMANENT ORDINANCE ESTABLISHING A DEVELOPMENT IMPACT FEE: Mayor partin opened the public hearing. The City Manager asked the Planning Director to present the staff report dated February 16,1994, describing the process required to maintain the City-wide traffic fee structure in response to Measure M requirements while the permanent ordinance proceeds through the reqUired first and second readings and the necessity to extend the Urgency Ordinance through May 1, 1994. Adoption of the permanent ordinance will authorize the City to impose development impact fees by resolution. Council member Bowman mentioned that a lot of time was spent talking about traffic mitigation fees but he didn't recall spending any time talking about developer impact fees and there is an entire section addressing traffic mitigation and development impact fees. The City Attorney Clarified that the term, "development impact fee," is a fee for traffic improvement only and it does not apply to any other improvements other than traffic improvements. Council member Bowman referred to page 4, section C, "impact fees also may Include a proportionate assessment for the cost of existing capital improvements serving new developmenL" and the entire section does not relate to traffic. He stated that he would not vote approval with that section In the Ordinance. The City Attorney referred to page 3, Section D, which prOVided the definition of capital improvements. Councilmember Bowman also referred to the staff report dated February 16, 1994, first page, last paragraph, which read, "Adoption of the permanent ordinance will authorize the City to impose development impact fees by resolution, with the Traffic Impact Fee being one such type of resolution:' He stated that the ordinance was not clear and there was an opportunity for the City to set out development impact fees when the intent was just traffic mitigation fees. 6 62 CITY COUNCIL MINUTES February 28, 1994 The City Attorney explained that the intent of this ordinance was to address only traffic improvements and, if desired, the definition of capital improvements can be changed to mean only circulation or traffic improvements. He stated he would change any wording in the ordinance that could create confusion by inferring impacts other than traffic impacts. Council member Bowman suggested that the staff report should also be changed to indicate that the adoption of the ordinance only has to do with the traffic improvement fees. - The City Attorney would have the changes made for the second reading of the ordinance. Mayor partin asked if anyone wished to speak in support of or in opposition to the Ordinance on traffic mitigation fees. No one spoke. It was moved by Council member Bowman and seconded by Council member Nicholson to: 1) close the public hearing; 2) extend Ordinance No. 907 by urgency for 30 days as allowed by Government Code Section 66017(b) to be effective through April 1, 1994; ORDINANCE NO. 909 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING A TRAFFIC IMPROVEMENT FEE FOR NEW DEVELOPMENT/REDEVELOPMENT WITHIN THE CITY OF CYPRESS AND DECLARING THE URGENCY THEREOF. 3) certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act; and 4) approve the first reading of the Ordinance by title only, title as fOllOWS, establishing a City-wide development impact fee, as amended. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING DEVELOPMENT IMPACT FEE REQUIREMENTS FOR TRAFFIC IMPROVEMENT PROJECTS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-1. AUTO REPAIR BUSINESS. 5501 BALL ROAD: The pUblic hearing was opened by Mayor Partin. The Planning Director reviewed the staff report dated February 17,1994, which represented a request to reuse an existing structure for an auto repair business at 5501 Ball Road. She noted that a communication had been received dated February 28, 1994 regarding a concern of on-site storage of inoperative vehicles from Mr. Phil Walsh, who owns the Emblem Commercial Center to the north. Staff indicated to him that there was a condition of approval specifically requiring that there be no outside storage of vehicles. According to the requirements of the California Environmental Quality Act, a Negative Declaration will be flied for this project. Aesthetic improvements to the structure have been made, including the cleanup of debris and painting of the structure. Other proposed improvements include restriping the asphalt area to provide the required parking spaces and the installation of landscaping in the existing planters. The applicant is also requesting approval of a new business identification sign. The proposed sign face is five feet high by seven feet wide. The body of the proposed sign stands on a two foot high base for a total of seven feet high. Staff recommended that prior to issuance of a sign permit, the final sign plan be revised and approved by the Design Review Committee. Mr. Mahamed Feleh, 5412 Wilton street, Long Beach, the applicant, stated he will fix the asphalt and asked the Council to approve his application. Responding to Councilmember Bowman's question on the color of the sign, Mr. Feleh would change the color to comply with the City's requests. Mr. Ghlsan Haddad, the contractor, stated they will present new plans for the signage in accordance with City requirements. 7 ":")2./g'" - . , ~ CITY COUNCIL MINUTES February 28, 1994 Mr. Ronald Zile, 10311 Julie Beth Street, Cypress, advised that he had done some work for Mr. Feleh, was refused payment and he has filed a mechanic's lien against the property. No one else wished to speak in support of or in opposition to the project. It was moved by Council member Bowman and seconded by Councilmember Nicholson 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. 94-1, subject to conditions. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-2. M&M INTERNATIONAL MARKET. 5591 BALL ROAD: Mayor Partin opened the hearing. The Planning Director summarized the staff report dated February 17, 1994, which represented a request to reuse an existing structure as a grocery store at 5591 Ball Road. This application does not provide for the onsite sale of alcoholic beverages. According to the requirements of the California Environmental Quality Act, this project is considered to be Exempt, Class 1. The applicant is propOSing minor tenant improvements which would allow reuse of the existing buildings. As proposed, the signage meets minimum Code requirements. Staff recommended that prior to the issuance of building permits, the final sign plan be approved by the Design Review Committee. Notices of the pUblic hearing were published, posted and mailed to all property owners within a 300 foot radius. Staff has received no comments on this matter. Council requested that the question of the signage be brought back after Design Review with a human scale added. The applicant, Mr. Feleh, was the same property owner as for the previous conditional use permit, which Is next door to this property. Mayor Partin asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing and approve Conditional Use Permit No. 94-2, subject to conditions with the free standing sign to come back before the Council for final approval. The motion unanimously carried by the following roli call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Councilmember Nicholson asked that the portion of the sign ordinance dealing with window slgnage be brought before the Council at the next meeting. She would request an opinion from the Police Chief at that time because the issue does involve safety. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 94-1. AMENDING SECTION 18.3 OF THE CYPRESS ZONING CODE. EXTENDING THE TWENTY (20) DAY. DESIGN REVIEW APPROVAL REQUIREMENT TO FORTY-FIVE (45) DAYS: The Mayor opened the pUblic hearing. The staff report dated February 15, 1994 was presented by the Planning Director. Staff is proposing a modification to Section 18.3. of the Cypress zoning Code to extend the requirement for Design Review Committee approval from 20 to 45 days because of a discrepancy between the City Code and the provisions of CEQA. The ordinance amendment will not alter the intent of the existing ordinance and is being proposed in order to bring the City's Zoning Code Into conformity with the requirements of the California Environmental Quality Act In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the pUblic hearing were posted and published and, to date, staff has not received any comments on this matter. Council member Bowman commented that those applications that do not require negative declarations could be continued under the present ordinance and asked if the ordinance could be changed to reflect that The City Attorney recommended that the item be continued for 30 days. 8 d" -' // ~f 64 CITY COUNCIL MINUTES February 28,1994 It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the Council meeting of March 28, 1994 to allow the City Attorney to modify the proposed amendment as discussed. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF ALLOWING CITY STAFF TO EXPLORE THE USE OF TAX AND REVENUE ANTICIPATION NOTES FOR SHORT TERM CASH FINANCING: The City Manager reviewed the staff report dated February 22,1994, which described Tax and Revenue Anticipation Note <TRANs). For FY 1993-94, the City entered the California State Association of Counties Pooled TRAN program and issued S2.75 million at 3.25% interest. City staff feels that it would be in the City's best interest to again explore the issuance of a TRAN and to contract with a financial advisor to maximize the best rate and amount of issue. Council member Kerry asked that the formal proposal be brought back to the Council prior to employing the financial advisor. It was moved by Councilmember Kerry and seconded by Councilmember Age to: 1) authorize City staff to explore the use of Tax and Revenue Anticipation Notes for short-term cash financing; 2) authorize City staff to hire a financial advisor and bond counsel on a contingent basis; and 3) authorize the following list of officials to sign documents in connection with the TRAN issue: Richard partin, Mayor Joyce Nicholson, Mayor pro-Tem Darrell Essex, City Manager Richard Storey, Finance Director The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 8666 - 8891: It was moved by Councilmember Age and seconded by Councilmember Nicholson to approve the Warrant list for Warrants No. 8666 through 8891 in the amount of $1,174,088.38. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Recreation and Park District Matters: CONSIDERATION OF CULTURAL ARTS PLAN REPORT: The Recreation & park District Director summarized the staff report dated February 17,1994, which indicated that the Cultural Arts plan represented two years of effort by the community volunteers and staff to initiate a master plan for delivering the arts to the community. The Cultural Arts Plan Committee had strived to present an unbiased report that would provide direction for developing new arts programs, arts education and marketing strategies as well as the future development of a multi-use cultural arts facility. The committee had recommended that a facility feasibility studY be completed and funded by monies in the amount of $30,000 from Open Space Funds. The studY would include a market analysis, visitor potential, space programming, site selection, management planning, operating forecasts, capital cost estimates and funding strategies. Council member Bowman advised that the Council had met with members of the Cultural Arts Plan Committee in an hour workshop session earlier in the day. 9 ~(. ~ 65 CITY COUNCIL MINUTES February 28, 1994 Councilmember Nicholson emphasized that the funds requested are from the Open Space Funds and not the General Fund. Mr. Chuck Hicks, 5232 Myra Avenue, Cypress, urged the Council to support the Committee's recommendations and findings. Three benefits realized would be the assurance of quality and quantity of cultural arts programs in the City, increase in the amount of citizen participation in the cultural arts and a cultural arts center supported through private donations and grants. Ms. Frann Shermet, 9525 NOrmandy way, Cypress, urged the Council's support to go forward with the Plan so there will be a cultural arts facility in the future to enhance the cultural life of Cypress. The Director of Recreation & Parks clarified that the funds set aside are developer funds given to the City and restricted to park development or the purchase of park property. It was moved by Councilmember Bowman and seconded by Councilmember Kerry that the City council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the Cultural Arts Plan as recommended by the Cultural Arts Plan Committee and direct staff to go forward with a feasibility study for a possible cultural arts facility as recommended in the Cypress CUltural Arts Plan. Council thanked the committee and staff for the fine job. Council member Nicholson asked that a copy of the Plan be given to the library. Councilmember Age asked that the rendering of the cypress Gardens facility be displayed in the Community Center. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 9:00 p.m. to allow the Council to enter into Closed Session. The meeting reconvened at 9:15 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Partin adjourned the meeting at 9:15 p.m. to 5:00 p.m., MOnday, March 14, 1994 in the Administrative Conference Room. fi;1~P~ MAYOR OF THE CITY OF CYPRESS ATTEST: W 'j . ~ crr, . L 0 I~F CYPRESS 10