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Minutes 98-09-14CITY COUNCIL MINUTES CITY OF CYPRESS September 14, 1998 ARNOLD/CYPRESS PARK-ACCEPT PARKING LOT IMPROVEMENTS, PW Proj 9804 BODY PIERCING-Use not allowed within CN zone COMMENDATION-Adopt Reso commending Cypress Federal Little League All Stars Team CUP NO. 98-15-Cont P/H to 9~28 on vehicle storage yard, 4902 Lincoln CULTURAL ARTS COMMISSION -Curtis Bloch newly appointed commissioner CYPRESS HIGH SCHOOL -Certs of Sp Recognition given to Speech & Debate Team FINANCE DEPT., COMM WARRANT LIST-Apprv. Warrant List for Warrants 33435-33932 FINANCE DEPT.-Apprv. Additional appropriations for FY 1997-98 JOB SPECS-Adopt job specs for certain positions and Reso amending Classification Plan LEGISLATION-Adopt Reso. opposing Prop 5, Tribal Government Gaming NORTH-END RESIDENTIAL STUDY-Direction given to staff on workplan items ORAL COMMUNICATIONS-Citizens spoke on skateparks, Cypress Theater, railroad track repair, Prop 8, barking dogs and diesel fuel Page 6 10 5 7, 8, 9 10 2 10 6 5 9, 10 1,2 3,11 POLICE DEPT.-Award of contract for carpeting, PW Proj. 9823 3 PRESENTATIONS-Speeches made by opposing sides to Prop 5 2 PROCLAMATION-Proclaim Sept. 21-25, 1998 as "Lawsuit Abuse Awareness Week" 4 PROCLAMATION-Proclaim Sept. 21-27, 1998 as "Pollution Prevention Week" 4 PROCLAMATION-Proclaim Sept. 27, 1998 as "Race for the Cure" and Oct., 1998 as Breast Cancer Awareness Month" 4 PROCLAMATION-Proclaim Oct. 4-t0, 1998 as "Fire Prevention Week" 4 PROCLAMATION-Proclaim Oct., 1998 as "Independent Living Month" 5 PROCLAMATION-Proclaim Oct., 1998 as "Escrow Month" 5 STRATEGIC PLANNING-Workshop session on mission, vision statements, goals objectives 1 ZONING MATTERS-adopt Reso. apprv. DRC 98-30, 5530 Lincoln ZONING MATTERS-adopt Reso. apprv. DRC 98-33, Yamaha Motor Corp. 5 5 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 14, 1998 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, September 14, 1998, in the Board Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Pro Tern Keenan presiding. PRESENT: ABSENT: Councilmembers Bowman, Carroll, Keenan and Piercv Mayor Jones INTERVIEW SESSION: Cultural Arts Commission Applicants. The City Council conducted an oral interview with one applicant for the single vacancy on the Cultural Arts Commission. Another applicant for the vacancy had been interviewed on July 13 and will also be considered for the vacancy. STRATEGIC PLANNING: Present for this item were the City Manager, City Attorney, and staff members Angus, Christoffels, DeCarlo, Hensley, Kelly, Storey and Wylie. Assistant to the City Manager Karen Wylie presented the staff report which provided an opportunity for the Council to review the Mission Statement, Vision Statement and five, three year Goals, which were developed by the City Council and staff as a result of the Strategic Planning Workshop/Retreat held September 9. The workshop continued on September 10 with only staff members in attendance; at which time a sixth goal was added: "Enhance youth, senior, family and community programs and recreational facilities." Twenty-seven Strategic Objectives were developed as well as a follow-up process to monitor the progress. The Strategic Plan will be placed on the September 28 Agenda for adoption by the City Council. Staff members Christoffels, DeCarlo and Hensley left the meeting. NORTH-END RESIDENTIAL STUDY: he Community Development Director introduced the City Planner and Karen Warner from the consulting firm of Cotton Beland Associates, Inc. The City Planner provided a brief history of the process relating to the North-end Residential Study, which had been presented at a number of City Council workshops. The last workshop focused on the comparative economic impacts and redevelopment potential of retaining the existing RM-20 zoning versus an alternative lower density and the economic impacts of the proposed additional RM-20 development and design standards. The City Council directed staff to provide additional information on the feasibility of the proposed development and design standards and on the concept of a small lot single family zone based on smaller lots than those permitted in the RS-5,000 zone. It was moved by Councilmember Carroll and seconded by Councilmember Piercy to receive and file the report and directed staff to provide a workplan for the following items: 1. Proceed with the necessary General Plan and Zoning Code amendment to allow small- lot single family development within the High Density Residential land use category and to create an RS-4,000 zone. 2. Proceed with a Zoning Code amendment to add additional development standards and design guidelines into the RM-20 zone. survey the Oay/Denni Area regarding interest in rural development standards and neighborhOOd improvement program involvement. 4. Hold a meeting with the Density Incentive Area owners to gain input on whether or not they prefer to retain the existing incentive zoning. CITY COUNCIL MINUTES September 14, 1998 5. Perform a current market survey on the viability of RM-4,000 zoning. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Carroll, Keenan and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones ABSTAINED: I COUNCILMEMBERS: Bowman RECESS: Mayor Pro Tern Keenan recessed the meeting at 6:13 p.m. to enable the Council to move to the Council Chamber to continue the meeting. MAYOR JONES ARRIVED AT 6:22 P.M. CLOSED SESSION: The Council entered into Closed Session at 6:25 p.m. to discuss the agendized item of the Conference with Legal Counsel, Existing Litigation (Government Code Section 54956.9(a), Case No. OCSC 77 11 71, Valerio v. City of Cypress, et al. The meeting was called to order at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Hensley, Kelly, Storey and Wylie. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Piercy. INVOCATION: Father Huy Pham of St. Irenaeus Church gave the invocation. PRESENTATIONS: Mayor Jones read the names of the Cypress High School's Speech and Debate Team and presented Certificates of Special Recognition to them on winning awards in different categories in the 1998 National Forensic League of Champions event. The City Clerk administered the Loyalty Oath and the Mayor presented the Certificate of Appointment to Newly-Appointed Traffic Commissioner Crystal Killian. Mr. Anthony Miranda of the Pechanga Band of Mission Indians, located adjacent to the City of Temecula in Riverside County, spoke in favor of Proposition 5 which would allow the continuation of the current status of tribal gaming in California. He explained the various categories of gaming and the difference in those categories from State-to-State. The proposition does not allow the expansion of the scope of games or gaming in California and it does not address the taxation issue. Tribes do not pay federal or corporate taxes but are not exempt from other forms of taxes and are not unregulated. He mentioned the number of people employed directly and indirectly and the subsequent reduction in unemployment on reservations. Ms. Brenda Deeley of the Coalition Against Unregulated Gaming spoke in opposition to Proposition 5. She felt that no other measure would have greater or more far-reaching impact on local governments, businesses, communities and individual Californians. It could effectively turn California into a wide-open gambling state with no regulation and no revenues to offset increased cost to local government for public safety and infrastructure needs. The Coalition supports regulated, legal gambling as prescribed by Federal law and conducted under a compact. They do oppose unlimited, untaxed and unregulated casino gambling in California. She urged the City of Cypress to join the Coalition Against Unregulated Gambling and defeat Proposition 5 in November. The two representatives then answered questions from the Council. REPORT Of CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized the discussions held during the Workshop Session on strategic Planning and the North End Residential Study. The City Attorney reviewed discussions held during Closed Session on Valerio v. City of Cypress, et al, with terms of the structured settlement proposed and accepted in concept by the plaintiff. The terms and conditions set by the Council are not final and will not be publicly announced until they are final. CITY COUNCIL MINUTES September 14, 1998 ORAL COMMUNICATIONS: Limited to One-Half Hour. Ms. Paula English, Cultural Arts Commission, 5975 Suva Street, Cypress, said that she has spent much time and effort in an attempt to obtain estimates for air conditioning in the Cypress theater. However, the project that has been turned into City staff after having been voted on by several Commissions was not the same project. It will air condition only one room and the whole idea was to expand the use of the building to all five rooms. She said she was extremely uncomfortable with the manner in which this project was handled. At the request of the City Manager, the Recreation and Park Director explained that there is a design being considered, the unit installed will be what is affordable and it hasn't been decided where the air conditioner will be placed. A preliminary report has not been received on the study being done. The Public Works Director explained that once the project was approved in the Capital Improvement Plan, staff contacted the School District regarding the installation of air conditioning. Staff was informed that the District does not fall under the jurisdiction of the City. Anything done on School District property is done through Sacramento. A licensed mechanical and electrical engineer is in the process of providing design work. The construction would have to be competitively bid, contract awarded and inspectors from the School District would inspect the project. Councilmember Carroll asked for a Workshop on this air conditioning project. The City Manager advised that he will respond to the City Council providing the requested information and he will ask staff to report back to the Commissions before the actual project goes out to bid. Mr. Louie Giampapa, 4921 Marion Avenue, Cypress, referred to Proposition 8, which reduced class size from K tO third grade and created a fund for those reduced class sizes. He referred to the survey in the Register in which 56% of the people polled favored the measure. He felt that an hour was spent on Indian gaming, an issue that doesn't affect anyone from Cypress. He didn't believe the Council should be passing Resolutions for or against any of the ballot measures. Ms. JOyce Baker, 5975 Rexford Avenue, Cypress, reported on her problem with barking dogs for four months. She didn't understand why the City couldn't do something about it. The City Manager advised that staff will follow-up on this matter. Councilmember Carroll said he would favor some sort of Ordinance that would provide recourse for people bothered by barking dogs. Ms. Linda warrick, Cypress resident, asked why the Council, in deference to the residents of Sorrento Homes, decided not to locate the skatepark in veterans Park. The Council is now trying to put in her backyard and she doesn't want it. It's not just the noise, there are other considerations. Mr. Richard Barofski, Cypress resident, brought up the issue of the railroad tracks on Valley view Street near Cypress College and he was very upset with the City Engineer's office. The Public Works Director reported that the street repair has been scheduled to be done by the railroad company. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, said she has also called the railroad company on pavement repair around railroad tracks and was informed that it is the City's responsibility. Somebody needs to step in before someone is killed. The City Manager said that it was his understanding that the tracks were scheduled for repair. AWARD OF CONTRACTS: AWARD OF CONTRACT FOR CARPETING THE CYPRESS POLICE DEPARTMENT, PUBLIC WORK.C; PROJECT NO. 9823: The City Manager asked the Public Works Director to present the staff report which indicated that two bids were received for the installation of new carpeting in the Police Department. Staff separated the bids into two alternatives, thereby allowing competing carpet brands to have an opportunity to bid. CITY COUNCIL MINUTES September 14, 1998 It was moved by Councilmember Carroll and seconded by Councilmember Piercy to: Award a contract for the installation of new carpeting in the Police Department to Shaw Contract Flooring, 132 E. Dyer Road, Santa Ana, California 92707, for their Alternative "A" bid in the award amount of $34,939.00; and 2. Transfer $4,040.00 from the unreserved balance of the Capital Improvement Projects Fund to Account No. 4186-15-816-24 for the subject project. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None 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. Councilmember Carroll asked that Item NO. 14, Approval of Additional Appropriations for Fiscal Year 1997-98, be pulled. Councilmember Bowman Stated that he would be abstaining on Item No. 11, Approval of Design Review Committee NO. 98-30. It was moved by Councilmember Carroll and seconded by Councilmember Keenan to approve the Consent Calendar Items No. 2 through 15, with the exception of Item No. 14. The motion unanimously carried by the following roll call vote, with Councilmember Bowman abstaining on Item No. 11: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None Item No. 2: Motion to Approve City Council Minutes of August 24, 1998. Recommendation: That the City Council approve the Minutes of the Regular Meeting of August 24, 1998, as submitted, with Mayor Jones abstaining due to her absence at the meeting. 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: Proclaiming September 21-25, 1998, as "Lawsuit Abuse Awareness Week." Recommendation: That the Mayor and City Council officially proclaim September 21-25, 1998, as "Lawsuit AbUse Awareness Week" in the City of Cypress.. Item No. 5: Proclaiming September 21-27, 1998, as "Pollution Prevention Week." Recommendation: That the Mayor and City Council officially proclaim September 21-27, 1998, as "Pollution Prevention Week" in the City of Cypress. Item No. 6: Supporting The Susan G. Komen Breast Cancer Foundation of Orange County's "Race for the Cure" on September 27, 1998, and Proclaiming October 1998, as "Breast Cancer Awareness Month." Recommendation: That the Mayor and City Council officially proclaim September 27, 1998, as the "Race for the Cure" sponsored by The Susan G. Komen Breast Cancer Foundation, and proclaim October 1998, as "Breast Cancer Awareness Month" in the City of Cypress. Item No. 7: Proclaiming October 4-10, 1998, as "Fire Prevention Week." Recommendation: That the Mayor and City Council officially proclaim October 4-10, 1998, as "Fire Prevention Week" in the City of Cypress. 4 CITY COUNCIL MINUTES September 14, 1998 Item NO. 8: Proclaiming October 1998, as "Independent Living Month" in the City of Cypress. Recommendation: That the City Council officially proclaim October 1998, as "Independent Living MOnth" in the City of Cypress. Item No. g: Proclaiming October 1998, as "Escrow Month" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim October 1998, as "Escrow Month" in the City of Cypress. Item No. 10: AdOption of Resolution Commending the Cypress Federal Little League All Stars Team. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending the Cypress Federal Little League All Stars Team. RESOLUTION NO. 5006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING THE CYPRESS FEDERAL LITTLE LEAGUE ALL STARS TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE WESTERN UNITED STATES REGIONAL CHAMPION SHIP. Item No. 11: Approval of Design Review Committee No. 98-30, Request to Replace the Panel Faces on Existing Freestanding Sign for Bike Land, 5530 Lincoln Avenue. Recommendation: That the City Council adopt the attached Resolution by title only, title as follows, approving Design Review Committee No. 98-30 - with conditions. RESOLUTION NO. 5007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 98-30 - WITH CONDITIONS. Item No. 12: Approval Of Design Review Committee No. 98-33, Request by the Yamaha MOtOr Corporation to Convert Approximately 1,880 Square Feet of R & D Area into Office Area and Add 8,900 Square Feet 'of Parking LOt Area. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee NO. 98-33, subject to the conditions of approval attached as Exhibit "A." RESOLUTION NO. 5008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 98-33 - WITH CONDITIONS. Item No. 13: Approval of Amendment to the City's Position Classification Plan, Adding and Revising Additional Job Specifications and Establishing Compensation for Positions as Adopted in the FY 98-99 City Budget. Recommendation: That the City Council adopt 1) the job specifications for the regular full-time positions of Information Systems Manager, Administrative Services Technician I, Administrative Services Technician II, Graphic Artist, Finance Manager, contract/Environmental Affairs Manager, Police Corporal, and Code Enforcement Officer 1/11; and 2) the Resolution by title only, title as follows, amending the City's Classification Plan and establishing compensation for certain positions in the FY 98-99 City Budget. RESOLUTION NO. 5009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY ADDING AND REVISING ADDITIONAL JOB SPECIFICATIONS AND ESTABLISHING COMPENSATION FOR THE POSITIONS OF INFORMATION SYSTEMS MANAGER, ADMINISTRATIVE SERVICES TECHNICIAN I, ADMINISTRATIVE SERVICES TECHNICIAN ii, GRAPHIC ARTIST, FINANCE MANAGER, CONTRACT/ENVIRONMENTAL AFFAIRS MANAGER, POLICE CORPORAL, AND CODE ENFORCEMENT OFFICER 1/11 IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. 5 CITY COUNCIL MINUTES September 14, 1998 Recreation & Park District Matters: Item NO. 15: Acceptance of Parking Lot Improvements at Arnold/Cypress Park, Public Works Project No. 9804. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) ACCept the Parking Lot Improvements at Arnold/Cypress Park, Public Works Project No. 9804, as being satisfactorily completed in substantial conformance with the project specifications; 2) Approve the final retention payment of $6,072.27 to Topline Construction, Inc., 9272 Russell Street, La Habra, CA 90631, 35 days after the Notice of Completion is filed if no claims or objections have been filed, upon the Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon the concurrence of the Director of Public Works. Regarding Item NO. 14, Approval of Additional Appropriations for Fiscal Year 1997-98, Councilmember Carroll asked for clarification on Bond proceeds of $2,160,000 and what it meant to Cypress taxpayers. The Finance Director explained that the tax-exempt bonds were issued through the City to the Cypress Business and Professional Service Assessment District established at the Los Alamitos Race Track property and will be paid through assessments to the property owners of the race track. The appropriations show the proceeds to pay for the capital improvements and the City will continue to budget for the bond payments as they are paid. Councilmember Keenan received an explanation about costs for Litigation and Overtime on Gang Suppression. It was moved by Councilmember Carroll and seconded by Councilmember Piercy that 1) The Cypress City Council approve the additional appropriations for fiscal year 1997-98 from the General Fund Unreserved fund balance to the following accounts: 4211-11-105-01 (Litigation Costs-City Attorney Services) $136,500 4150-11-112-04 (Advertising-Personnel) 2,200 4175-11-112-04 (Medical Exams-Personnel) 3,200 4179-I 1-112-04 (Legal Services-Personnel) 13,100 4211-11-112-04 (Litigation Costs-Personnel) 13,300 4222-11-112.04 (Personnel Testing-Personnel) 2,500 4003-11-175-05 (Overtime-Gang Suppression) 32,300 2) The Cypress City Council approve the recognition of Bond proceeds and the appropriation for the fiscal year 1997-98 to/from the Cypress Business and Professional Center Assessment District unreserved fund balance to the following account: 1271-31-999-99 4168-31-237-08 (Budgeted Bond Proceeds) (Construct-Contract) $2,160,000 2,160,000 3) The Cypress City Council, acting as the Cypress Redevelopment Agency Board, approve the additional appropriation from the Civic Center Debt Service unreserved fund balance to the following account: 4275-52-363-15 (Interest-Civic Center Project Area) $ 96,000 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF PUBLIC HEARING RE: PROPOSED REVISIONS TO CYPRESS LIVF ENTERTAINMENT ORDINANCE: The City Manager referred to the staff report which requested that this item be continued to the next meeting. 6 CITY COUNCIL MINUTES September 14, 1998 It was moved by Councilmember Bowman and seconded by Councilmember Keenan to continue this matter to the meeting of September 28, 1998. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-15, REQUEST TO ESTABLISH A USED AUTO SALES AND RECREATIONAL VEHICLE STORAGE YARD, LOCATED AT 4902 LINCOLN AVENUE, CYPRESS: Mayor Jones opened the public hearing. The City Manager asked the Community Development Director to summarize the staff report, which represented a request by Mr. Ben Terry to operate a used auto sales and recreational vehicle storage lot on a portion of the property located at 4902 Lincoln Avenue. The proposal consisted of a used auto sales lot on the front portion of the site and recreational vehicle storage at the rear portion of the site. The applicant is currently located at 5081 Lincoln Avenue and is relocating to this site due to the recent sale of that property. Included as part of this application is a request to waive the drainage fee and the offsite improvements along Bishop Street that are required for this project. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be Categorically Exempt, Class 1. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any responses regarding this matter. Councilmember Bowman stated that he will be abstaining from the vote on this item and left the dais. The City Attorney said that his office recommended to the requirement that the entire site be paved and an appropriate nexus to require, consistent with the plans for Lincoln Avenue, offsite improvements to Bishop Street. Mayor Jones said she had spoken with the applicant, Ben Terry. The applicants, Chad Ware and Ben Terry, said the property at their current location has sold and they are looking for a nearby location. Mr. Ware said that the costs of securing and paving the property are substantial. He clarified that the hours of operation will be from 8 a.m. to 6 p.m. and was included as a condition of approval. Mr. Terry referred to their proposal for the Dealership/Recreational Vehicle Parking. Councilmember Keenan stated, for the record, that yes, he did speak to Mr. Terry. Mr. Ware asked if the paving of the property and the Bishop Street improvements could be delayed. The Public Works Director responded that curb and gutter improvements are standard conditions when a property is being developed. Messrs. Terry and Ward asked that they be relieved from the requirements of a grading plan, the six foot block wall and the curb and gutter improvements on Bishop because of their tight timeframe. Responding to Councilmember Keenan, the Public Works Director replied that grading plans are Building Code requirements and are there to protect the subsequent property owners. After further discussion, the City Attorney commented that the asphalt contractors guarantee to the tenant is not enforceable by the City. The request for variance is almost entirely based on financial hardship and that is not considered a unique circumstance. The question is: is there anything unique about the property or the use of the property that would warrant a variation from the standard development/redevelopment requirements. Mr. Terrv said it was not only the cost, it was the timing. They only have two weeks in which to move. No one wished to speak in opposition to the proposed project. Mayor Jones asked if anyone wished to speak in support of the project. Mr. Frank Correia, 4906 Bishop Street, Cypress, said he did want the lot paved and there is a drainage problem on Bishop Street. He didn't care about the block wall and the curbs and gutters on Bishop Street. CITY COUNCIL MINUTES September I~1, 19(38 The Community Development Director would recommend that there be a condition prohibiting access to the property from Bishop Street. Responding to Mayor Jones, the Community Development Director read into the record a condition on hours of access. "The hours of access and operation for all uses on the entire site which include the recreational vehicle storage use, shall be limited to 8 a.m. to 6 p.m." To further address the Mayor's concern, the Community Development Director added another condition, "No repairs on vehicles will be allowed at this location." Mr. John McCarger, Cypress, said it was very difficult to find storage for his boat as the facilities around the City have been disappearing and he hoped they stayed. MS. Penny Parker, resident of Cypress and RV owner, stated that it was difficult to find storage for their RV. Councilmember Carroll asked what recourse the City had if the applicant did not make the improvements as required by the conditional use permit. The Community Development Director said that the City could bond for it and the permit would be subject to revocation. Councilmember Piercy felt that the entire lot needed to be paved first and perhaps additional time allowed for the building of the block wall and Bishop Street improvements as long as the applicants are willing to make all the improvements. Mayor Jones said she understood that the operation would be solely sales and RV storage and she asked if the service was a new development. The Community Development Director responded that it was a new development as far as staff was concerned. The public hearing was not noticed for service and the conditional use permit was not analyzed assuming any service. Staff would add a condition prohibiting any servicing of vehicles. There being no further comment, Mayor Jones closed the public hearing. She agreed that the property must be paved first and there needs to be discussion about the timing for the completion of the other improvements. Councilmember Piercy suggested that the landscaping, the block wall and curbs and gutters be completed within a two year timeframe and bonded. The grading and paving done immediately. Councilmember Carroll commented that the grading and paving must be done immediately. He could approve the project but only on the condition that it be bonded. The City Attorney if the Council agreed that the grading and paving are conditions of move-in and the other improvements are to be completed within two years, the item needs to be continued so an appropriate Resolution can be brought back incorporating the requirements. FOr the record, Councilmember Keenan indicated he was in agreed with his fellow Councilmembers. So that there is some sort of assurance that the site be fully improved, we can defer the other improvements with some sort of a bond, that would be fine. The City Attorney advised that if the modified conditions can be clearly cited, Council can proceed to grant the permit. The formal document might have to be brought back for ratification. After further discussion on bonding, timing of improvements and conditions of approval, Councilmember Piercv clarified that the Council wanted grading and paving completed. If the Council gave the applicants time to complete the other improvements, with a bond, would the applicants be agreeable. Messrs. Ward and Terry responded in the affirmative. The City Attorney expressed the concern that there are a number of major conditions that need to be rewritten. 8 CITY COUNCIL MINUTES September 14, Ig98 It was moved bv Councilmember Carroll and seconded bv Mayor Jones to continue this item to the meeting of September 28, 1998. The motion unanimously carried bv the following roll call vote: AYES: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Bowman RECESS: Mayor Jones recessed the meeting at 9:37 p.m. and reconvened at 9:47 p.m. with all Councilmembers present. DEFERRED BUSINESS: CONTINUATION OF DISCUSSION ON PROPOSITION 5, RELATING TO TRIBAL-STATE GAMIN(] COMPACTS AND TRIBAL CASINOS: The Cit~/Manager referred to the staff report. He advised that staff reviewed the item at the last meeting and representatives pro and con have made their presentations. Mayor Jones stated that it was important to address this issue openly to determine if it is something that the Council should support or oppose. Some of these issues are very important to the citizens and it is the duty of the Council to voice an opinion. Councilmember Keenan said he had asked that the presentations be made because the citizens should be educated on Proposition 5, the Indian Gaming measure that will be on the ballot in November. He had fought against a proposed card club at the LOS Alamitos Race Course and he did not feel that Cypress should have a casino. He has spoken against the Indian Gaming proposition publicly on his own time, at his own expense and will continue to do so. He referred to a letter received from the Pacific Quarterhorse Association asking the Council to take a stand on this issue and they will be joining other elected officials and organizations in voicing their opinion. Councilmember Piercy said she did appreciate the presentations made by the opposing sides on Prop 5, but she felt the community was not unanimous in their feelings on this proposition. She felt that the Council was not unanimous and there is not a unanimous feeling in the community and the Council should not take a stand one way or the other on the issue. Councilmember Piercv moved that the Council remain neutral on Proposition 5 and Councilmember Bowman seconded the motion. Councilmember Bowman said he was opposed to the measure, but he didn't believe that the Council had taken a position such as this on an initiative in the past and it is not a good precedent to set. Councilmember Carroll remarked that this is a Cypress issue. Gambling is one of the biggest industries in the City of Cypress. It is possible that the passage of this initiative would result in competition with the existing business. Proposition 5 doesn't prevent the tribes from obtaining property outside the reservation and starting casinos without local control. Fie believed the measure was bad for Cypress. Responding to Councilmember Keenan, the Assistant to the City Manager replied that, on occasion, Cypress City Councils have taken a position on ballot measures, such as, private engineering construction and the Department of Transportation. Councilmember Bowman clarified that position was taken through the League of Cities. Mayor Jones stated that she was opposed to Proposition 5, concurred with Councilmembers Carroll and Keenan and voiced her concern about any type of gaming operation within the Cid. The motion that the City Council remain neutral failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: NOES: 3 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman and Piercy Carroll, Keenan and Jones None 9 CITY COUNCIL MINUTES September 14, 1998 It was moved by Councilmember Keenan and seconded by Mayor Jones to adopt the ResOlution by title only, title as follows, opposing Proposition 5. RESOLUTION NO. 5010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING PROPOSITION 5 OF THE TRIBAL GOVERNMENT GAMING AND ECONOMIC SELF-SUFFICIENCY ACT OF 1998. The motion carried with the following roll call vote: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Carroll, Keenan and Jones Bowman and Piercy None NEW BUSINESS: REQUEST TO DETERMINE WHETHER A BODY PIERCING USE IS A PERMITTED OR CONDITIONAL ACCESSORY USE WITHIN THE CITY'S COMMERCIAL ZONES: The City Manager asked the Community Development Director to summarize the staff report, which represented an issue brought to the City Council on behalf of a request by Ms. Betty Wilson of Chemical Melon Body Piercing. Ms. Wilson wished to locate her business within an existing beauty salon at 11741 #F Valley View. The Cypress Zoning Code does not include body piercing on its list of permitted, conditionally permitted or prohibited uses for the City's Commercial zones. The Zoning Code does not allow for accessory uses. The applicant is asking for a determination that the proposed body piercing use is an accessory use to the beauty salon and staff is looking for direction. Mayor Jones commented that this use should require a conditional use permit. Responding to Councilmember Bowman's question about tattooing as an accessory use, the City Planner replied that a tattoo parlor would require a conditional use permit whether it was an accessory or full use within heavy commercial zones and is not permitted in the CN zones. Councilmember Bowman said he felt body piercing was closely related to tattooing and should require a conditional use permit at any time, not just as an accessory use. Mayor Jones and Councilmember Piercy concurred. Councilmember Keenan felt that standards should be set by the City as far as operator training, sanitary conditions and insurance. Councilmember Carroll asked if there were restrictions on having ears pierced and asked the City Attorney to comment on body piercing. The City Attorney referred to the Piercee's Bill of Rights and there is a recognition of the tools used for ear piercing may not be appropriate for other kinds of body piercing. After additional discussion, it was moved by Councilmember Bowman and seconded bV Councilmember Piercy to determine that the use is most similar to a tattoo use and not allow the use within the Commercial Neighborhood (CN) Zone as either an accessory or main use. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None APPOINTMENT TO THE CULTURAL ARTS COMMISSION: Mayor Jones announced that the new Cultural Arts Commissioner was Curtis Bloch. APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 33435- 33932: It was moved by Councilmember Keenan and seconded bv Councilmember Bowman to approve the Commercial Warrants List for Warrants NO. 33435 through 33932 in the amount of $3,124,320.81. The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None 10 CITY COUNCIL MINUTES September 14, 1998 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. None were presented. CYPRESS REDEVELOPMENT AGENCY MA~-rERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. None were presented. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Ms. Paula English, Cultural Arts Commissioner, 5975 Suva Street, Cypress, advised that she was very familiar with the Ci~/'s bidding system and aware that the air conditioning project for the Cypress Theater would have to go out to bid. However, the bid was from a large company that was independently recommended by three of the other bidders and recommended by the Anaheim Union High School District. They were attempting to establish a fair monetary figure so they could start working on the capital project. The air conditioning units being considered by the CiW are not the units that were voted on by the two Commissions. Mr. DOn Wesling, 11431 Anegada Street, Cypress, referred to an article in the L. A. Times on August 28, 1998 where the Air Resources Board declared soot a carcinogen. He spoke about the effects of diesel fuel coming from the trucks from the carpet warehouse. The only reason they lost the litigation was because they didn't challenge the EIR. Councilmember Keenan recommended that the Recreation and Community Service Commission place the "Adopt a Park" program on a future agenda for consideration. He also asked them to consider advertising on the inside of the rink to help offset expenses. He announced that the Board of the Cypress Pops Orchestra is holding a fundraiser on the Queen Mary during the month of September and he suggested that a member of the City Council attend. Councilmember Piercy requested the Traffic Commission revisit the traffic situation that occurs during the morning drop off and afternoon pick ups at Lexington Junior High School. Mayor Jones reported that she did conduct a Mayor's Outreach Program at Home Depot which was very successful. Mayor Pro Tern Keenan and Councilmember Carroll were also in attendance. ADJOURNMENT: Mayor Jones adjourned the meeting at 10:30 p.m. ATTEST: MAYOR OF THE CI~ OF: CYPRESS CITY CLERK OF THE CITY OF CYPRESS 11