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Minutes 91-01-28 f 1 ~ O MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 28, 1991 A Regular Meeting of the Cypress City Council was called to order at 4:20 p.m., Monday, January 28, 1991, in the Administrative Conference Room, Cypress City Hall (West Wing), 5275 Orange Avenue, Cypress, Mayor Walter Bowman presiding. PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman ABSENT: None Also present were City Manager/City Clerk Darrell Essex and staff members Hill and Vazquez. WORKSHOP SESSION: Supervisor Harriett Wieder stated that the purpose of the meeting was to impart information on issues that are of direct impact on the cities. Representatives from the Air Quality Management District (AQMD) provided a brief overview of Reg. XV and AB 2877 and the implications on the City and staff. Mr. Stan Oftelie, Executive Director of the Orange County Transportation Commission explained the ramifications of Measure M on the City of Cypress. It appears monies will be made available to the City and they are proceeding to implement the programs. Mr. Ron Rubino of the County Administrative Office explained the County budget and its impact on the City of Cypress. He reviewed the status of the jail booking fees and increased charges for property tax collection. RECESS: Mayor Bowman recessed the meeting at 5:45 p.m. to allow the Council to reconvene in the Council Chamber. The meeting was called to order at 5:56 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, Hill, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The City Manager presented the staff report dated January 16, 1991, which indicated that the current contract with Cypress Car Wash expires on January 31, 1991 and they have offered to renew this contract for a one year period with no increase in price. It was moved by Councilmember Partin and seconded by Councilmember Age to authorize the renewal of the car wash service contract with Cypress Car Wash, 9971 Valley View Street, Cypress, CA 90630 for the period of February 1, 1991 through January 31, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR MATERIALS TESTING AND INSPECTION FOR THE REHABILITATION AND RESURFACING OF VARIOUS STREETS, PUBLIC WORKS PROJECT NO. 8947: The Acting Public Works Director summarized the staff report dated January 16, 1991, which indicated that three proposals were received for professional materials testing and inspection for the rehabilitation and resurfacing of various streets in the City. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to authorize retention of Smith-Emery Company, 5427 E. La Palma Avenue, Anaheim, CA 92807 to perform the professional materials testing and inspection services on a time and materials basis not to exceed $18,465.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE REHABILITATION AND RESURFACING OF VARIOUS STREETS, PUBLIC WORKS PROJECT NO. 8947: The Acting Public Works Director reviewed the staff report dated January 18, 1991 which indicated eight bids had been received for the rehabilitation and resurfacing of various streets in the City. The price of this construction includes the construction of a driveway and concrete slab for 9096 Walker Street to compensate for the elimination of parking for this residence. Also, this project does include the traversable island on Walker between Lincoln Avenue and Orange Avenue. _ CITY COUNCIL MINUTES January 28, 1991 151 It was moved by Councilmember Age and seconded by Councilmember Partin to award the contract for Public Works Project No. 8947 to R. J. Noble Company, the lowest responsible bidder, 15505 E. Lincoln Avenue, Orange, CA 92666 in the amount of $489,136.46. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RETENTION OF PROFESSIONAL SERVICES FOR UPDATING THE CITY'S PAVEMENT MANAGEMENT SYSTEM, PUBLIC WORKS PROJECT NO. 9037: The Acting Public Works Director presented the staff report dated January 18, 1991, which indicated that the Pavement Management System is a computerized inventory of all public streets and alleys. This System was implemented in September 1986, has provided the required information for over four years and now needs updating. Both companies interviewed suggested several options and staff chose the upgrade of the software plus an inventory of the City's streets and alleys. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to retain the professional services of Harris & Associates, 4281 Katella Avenue, Suite 100, Los Alamitos, CA 90720 for upgrading the City's Pavement Management System software, field inventory and training City staff in operating the upgraded Pavement Management System in the amount of $25,000.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Mayor Bowman asked that Item No. 21, Consideration of Auditor's Management Letter and Item No. 24, Consideration of the Audit Report of the Cypress Recreation and Park District for the Period Ended June 30, 1990 be removed for further discussion. He also noted that Item No. 22, in the first paragraph of both Resolutions, the word "much" should be "must." It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Consent Calendar Items No. 5 through 24 with the exception of Items No. 21 and 24. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 5: Consideration of Approval of City Council Minutes of January 11, 1991 and January 14, 1991. Recommendation: That the City Council approve the Minutes of January 11, 1991 and January 14, 1991, as submitted. Item No. 6: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 7: Consideration of an Application for an Original Alcoholic Beverage License Filed by Robert Joseph Massey, Jr. and Susan Frances Massey, D.B.A. Prime Time Pizza, 6189-6195 Ball Road, Cypress. Recommendation: Receive and file. Item No. 8: Consideration of Proclaiming April 23, 1991, as "Youth Service Day". Recommendation: That the Mayor and City Council officially proclaim April 23, 1991, as "Youth Service Day" in the City of Cypress and refer the communication from the Jefferson Awards to the Cypress Youth Commission for possible participation. Item No. 9: Consideration of an Application for an Original Alcoholic Beverage License Filed by Hariprased I. & Sarla H. Patel, D.B.A. H.Y. Liquor, 4502 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file this application contingent upon the approval/disapproval of the Amendment to Conditional Use Permit No. 81-12 which will be scheduled for a Public Hearing at a future Council meeting. 2 / - ? CITY COUNCIL MINUTES January 28, 1991 Item No. 10: Consideration of Claim Filed by Carl A. McMahan, Attorney-at-Law, On Behalf of the Heirs of Tommy De La Rosa. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 11: Consideration of an Application for an Original Alcoholic Beverage License Filed by Joseph & Gina Ling, D.B.A. China Palms Chinese Restaurant, 10205 Valley View Street, Cypress. Recommendation: Receive and file. Item No. 12: Consideration Monthly Investment Program for the Month of December 1990. Recommendation: Receive and file. Item No. 13: Consideration of Claim Filed by Kent F. Tibbitts, Attorney, On Behalf of Jean & Robert Dixson. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 14: Consideration of Employment Lists -Code Enforcement Officer and Recreation Coordinator-Program Promotions. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, certify the Employment Lists for the positions of Code Enforcement Officer and Recreation Coordinator-Program Promotions as submitted. Item No. 15: Consideration of Authorization for the Finance Director to Attend the 31st Annual Conference of the California Society of Municipal Finance Officers (CSMFO). Recommendation: That the City Council authorize the attendance of Richard Storey, Finance Director, to the 31st Annual Conference of the CSMFO, to be held on February 20-22, 1991, in Millbrae, CA, and be reimbursed for all actual and necessary expenses incurred. Item No. 16: Consideration of Acceptance of Contract for Pavement Rehabilitation on Lincoln Avenue, Between Moody Street and Watson Street, Public Works Project No. 8859, AHFP No. 1263. Recommendation: That the City Council: 1) Accept the Pavement Rehabilitation on Lincoln Avenue from Moody Street to Watson Street Contract, Public Works Project No. 8859, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Approve payment to Silvia Construction, Inc., 750 N. Mountain Avenue, Suite C, Upland, CA 91786, of the contract price of $70,973.16; and 3) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in workmanship become evident. Item No. 17: Consideration of Acceptance of Contract for Moody Street Reconstruction from Lincoln Avenue to Southern Pacific Railroad, Public Works Project No. 8922, AHFP No. 1266. Recommendation: That the City Council: 1) Accept the Moody Street Reconstruction from Lincoln Avenue to Southern Pacific Railroad Contract, Public Works Project No. 8922, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Authorize the appropriation of $106,000.00 from the Gas Tax Fund into Account No. 4186-22-405-21; 3) Approve payment to Silvia Construction, Inc., 750 N. Mountain Avenue, Suite C, Upland, CA 91786, of the contract price of $232,323.97; and 4) Authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in workmanship become evident. Item No. 18: Consideration of Acceptance of Final Tract Map No. 14404 (9562 Walker Street). Recommendation: That the City Council approve Final Tract Map No. 14404 and accept the bond for public improvements in the amount of $1,325.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the Record Map. 3 .f CITY COUNCIL MINUTES January 28, 1991 ~ 5 3 Item No. 19: Consideration of Confirming the Appointment of Penelope Brown to the Cypress Cultural Arts Commission. Recommendation: That the City Council confirm the appointment of Mrs. Penelope Brown to the Cypress Cultural Arts Commission to fill the vacancy created by the resignation of Commissioner Susan Marx. Item No. 20: Consideration of Adoption of a Resolution of Support for President Bush and Members of the Armed Forces Involved in the Persian Gulf War. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and transmit the same to President Bush. RESOLUTION NO. 3879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, EXPRESSING STRONG SUPPORT TO PRESIDENT BUSH AND TO MEMBERS OF THE ARMED FORCES INVOLVED IN THE PERSIAN GULF WAR. Item No. 22: Consideration of Approval Process for Siting Certain Types of Solid Waste Facilities. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, specifying the process for approving and siting solid waste facilities in Orange County that reuse or recycle less than 1596 of material received, serving either one jurisdiction and more than one jurisdiction. RESOLUTION NO. 3880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SPECIFYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 1596 OF MATERIAL RECEIVED AND SERVING ONLY ONE JURISDICTION. RESOLUTION NO. 3881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SPECIFYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 1596 OF MATERIAL RECEIVED AND SERVING MORE THAN ONE JURISDICTION. Item No. 23: Consideration of Local Brown Act Ordinance. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, adding and amending certain Sections of the City Code relating to open meeting requirements. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING AND AMENDING SECTIONS 2-2.0, 2-2.1, 2-2.4(B), 2- 2.4.1, AND 2-2.12 AND ESTABLISHING PROCEDURES FOR COMPLIANCE WITH OPEN MEETING REQUIREMENTS AND ADDING SUBSECTIONS (C) AND (D) TO SECTION 2-2.10 PERTAINING TO MINUTES OF BOARD AND COMMISSION PROCEEDINGS, TO THE CODE OF THE CITY OF CYPRESS. END OF CONSENT CALENDAR Regarding Item No. 21, Auditor's Management Letter, Mayor Bowman asked if the Finance Director has always been involved in making investments. The Finance Director stated that he does review the investments and then signs off on the investment report, which represents approval. The Auditors had suggested that the Finance Director approve the investment made by the Treasurer at the time it is made so he is aware of that investment immediately. In regard to Item No. 24, Audit Report of the Cypress Recreation and Park District for the Period Ended June 30, 1990, Mayor Bowman questioned the unfunded pension liability. The Finance Director clarified that the employees of the Parks District are members of the Orange County Employees Pension Fund. The arbitrary amount maintained is the City's prorata share. It was moved by Councilmember Age and seconded by Councilmember Kerry to receive and file the reports. The motion unanimously carried by the following roll call vote: 4 /-Z C j~,° f' ITY COUNCIL MINUTES January 28, 1991 AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving CUP No. 90-31. RESOLUTION NO. 3882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90-31 -WITH CONDITIONS (COMMERCIAL CENTER, 12 CONDOMINIUMS AND CONVERSION OF 30 APARTMENTS INTO CONDOMINIUMS, 6292-6302 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: S COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving Tentative Tract Map No. 14445. RESOLUTION NO. 3883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 14445 -WITH CONDITIONS (DIVISION OF THREE PARCELS INTO TWO PARCELS FOR SEPARATE COMMERCIAL AND CONDOMINIUM USES, 6292-6302 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 90-23. RESOLUTION NO. 3884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 90-23 -WITH CONDITIONS (CYPRESS GOLF CLUB FACILITY AND RELATED STRUCTURES, INCLUDING ONSITE SALE OF GENERAL ALCOHOL, KATELLA AVENUE, WEST OF SIBONEY). The motion carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, granting Variance No. 90-21. RESOLUTION NO. 3885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE INSTALLATION OF A SPA FILTER AND HEATER IN THE SIDE YARD AREA OF ASINGLE-FAMILY HOME -VARIANCE NO. 90-21 (10502 CHESTNUT STREET). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt a Resolution by title only, title as follows, granting Variance No. 90-22. 5 j e i.:. 1. l5~ CITY COUNCIL MINUTES January 28, 1991 RESOLUTION NO. 3886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A GARAGE ADDITION TO ENCROACH FIVE FEET INTO THE SIDE YARD SETBACK -VARIANCE NO. 90-22 (5111 MARION AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve the first reading of the Ordinance by title only, title as follows, approving Amendment No. 1 to Development Agreement No. 90-1. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 90-1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS DEVELOPMENT PARTNERSHIP. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Bowman recessed the meeting at 6:15 p.m. to enable the Council to enter Closed Session to discuss personnel and litigation matters. The meeting reconvened at 7:37 p.m. with all Councilmembers present and staff members Bacock, Eynon, Hill, Storey, Thomas and Wicker also present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATIONS: On behalf of the Cypress Rotary Club, Pastor Dale Johnson presented Chief Wicker with a $500.00 donation for the D.A.R.E. Program. Chief Wicker thanked the Rotary Club and he also acknowledged a donation of $200.00 for D.A.R.E. received from Mr. Carl Wray on behalf of the Knights of Columbus. Mr. Pat Guthrie, Assistant Manager of the Los Cerritos District Office, Automobile Club of Southern California presented the 1989 Pedestrian Safety Citation for the City of Cypress and congratulated them on their outstanding public service efforts. Mayor Bowman presented a Resolution of Commendation to former Councilmember John Kanel in recognition of his 20 years of service to the City of Cypress. Mr. John Kanel, representing Senator Cecil Green, presented a Resolution of Commendation to Councilmember Cecilia L. Age in recognition of her tenure as Mayor during 1990. Mr. Joe Sheets, representing the Cypress Veterans of Foreign Wars, presented certificates and plaques to various Councilmembers and City staff expressing gratitude for their contribution to the Loyalty Day observance. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Councilmember Age thanked the Soroptimist Club for furnishing the yellow ribbons displayed on the main thoroughfares throughout the City in honor or the men and women serving in the Persian Gulf. Mayor Bowman announced that a Resolution was adopted during the 5:30 p.m. portion of the meeting supporting the Armed Forces and the President in these actions in the Middle East. Mayor Bowman thanked the staff for the work they did on researching information on the newly annexed area. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. The City Manager reviewed the actions taken by the City Council during the 5:30 portion of the meeting. 6 1•- ' 1.JCUTY COUNCIL MINUTES January 28, 1991 The City Attorney summarized discussions held during Closed Session on Lara/Torres vs. Cypress Redevelopment Agency, the hearing procedure on public nuisances and personnel matters. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF APPENDIX I "ZONING" OF THE CODE OF THE CITY OF CYPRESS: Mayor Bowman opened the public hearing, referring to the staff report dated January 21, 1991, which requested this item be continued. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to February 11, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-17 (GASOLINE STATION, CAR WASH AND MINI-MARKET, WITH THE SALE OF OFFSITE BEER AND WINE, 6000 CERRITOS AVENUE): The public hearing was opened by Mayor Bowman who referred to the staff report dated January 18, 1991 which requested a continuation of this item. It was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the meeting of February 25, 1991. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11 (USE OF EIGHT PARKING SPACES FOR RECREATIONAL ACTIVITIES AT GRACE COMMUNITY CHURCH OF CYPRESS, 4421 CERRITOS AVENUE): Mayor Bowman opened the public hearing. The City Manager asked the Planning Director to present the staff report dated January 18, 1991, which represented a request to allow the use of eight designated parking spaces of an existing church parking lot at 4421 Cerritos Avenue for occasional youth recreation activities. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed for this project. Notices of this public hearing were posted, published and mailed to the property owners within a 300 foot radius of the subject property. To date, staff has not received additional comments regarding this matter since the notices were distributed. The previous complainants indicated they will present their comments to the City Council during the public hearing. She stated that the Planning Department has received complaints off and on about the noise emanating from the games that are played outside and this was taken into consideration when a recommendation was made on the application. Mr. Gordon French, President of the Board of Grace Community Church, 3466 Val Verde Avenue, Long Beach, stated he represented the church and they are making application for the occasional use of a portion of the existing parking lot for outside youth activities. He stated that they feel the program benefits the community, apologized for any inconvenience it may have caused the neighbors and they will continue to attempt to resolve the issue with the neighbors should the Council approve the application. Responding to Councilmember Age's question about meeting with the neighbors, Mr. French answered that the Pastor had met with the neighbors directly and then the elders wrote a letter to three of the neighbors inviting them to a meeting to discuss the situation. Mayor Bowman asked if anyone wished to speak in favor of the application. Mr. Ed Crossett, Director of Christian Education, 5677 Nelson Street, Cypress, stated that he is responsible for the programming and implementation of the AWANA activities. He described the types and the importance of the progrars and the importance of those programs to the community. He provided some photos of the AWANA activities for the Council to view. Pastor Jack Ostermann, 4465 Hazelnut Avenue, Seal Beach, expressed his regrets that the neighbors have been inconvenienced and offended by the noise from the outdoor activities. He felt that the church could have made a better effort in the past few years to work with the neighbors. He stated that he did make an effort to meet with them to discuss the program and to attempt to work out a mutually agreeable arrangement but the offer was declined. He expressed confidence that the Council would vote affirmatively for the amendment but the amendment is going to restrict them. From his perspective, 7 r~~ CITY COUNCIL MINUTES January 28, 1991 1 they are looking at the few versus the many and his feeling is that the many should dictate the ultimate decision of the Council. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, spoke on behalf of the church and the outdoor recreational activities. Reverend Gene Gertsen, AWANA Missionary for Southern California, stated that he worked with over SO churches in Orange County and the same amount in San Diego and Riverside as well. He provided additional statistics and information on the AWANA programs in the Southern California area. He stated that this was the first time a concern of this nature has arisen. Mr. Mark Wakefield, 4861 Lincoln Avenue, Cypress, spoke as a representative of his friends from Grace Community Church and in support of the AWANA program. Councilmember Age clarified that they are not disputing the program, there is a problem with neighbors and noise and it needs to be resolved. Mr. Bob Coblitz, 6249 Granada Avenue, Cypress, stated that the games are very important to the AWANA program and suggested that perhaps the games be conducted first to alleviate some of the noise problem. Ms. Charlotte Sutherland, 8231 Summerdale Lane, La Palma, stated that her children attend the AWANA program and spoke of the importance of the outdoor activity to her children. Mayor Bowman asked if anyone wished to speak in opposition to the application. Ms. Barbara Howell, 4452 Patricia Drive, Cypress, stated that the neighbors started complaining officially in 1990 because she didn't know she had the right to complain. She mentioned the peculiar sound effects of that cul-de-sac and how the noise reverberates off the buildings. She stated she was not against religion, she was against religious activities in an outdoor parking lot belonging to a church. Ms. Jan Callaway, 4422 Patricia Drive, Cypress, stated she lives directly behind the church and the reason they hadn't complained before is because they didn't realize they had a right to complain. She had contacted the church and the pastor and youth director came over and she had asked them to keep the noise down and they haven't. It is a matter of noise and the activities are located in an inappropriate place. Mr. Sam Snyder, 4442 Patricia Drive, Cypress, commented that he concurred with the statements made previously by his neighbors. This situation has been going on for some time and so far the church hasn't done what they said they were going to do. Ms. Cindy Warren, 10413 Cary Circle, Cypress, stated that she lives down the street and she cares about her neighbors. She is the first one to say let the kids play, a little noise isn't going to hurt anybody but when it goes on continually and neighbors try to work with the church and the church ignores their concerns, then it needs to be brought before the City Council. She believed a time constraint should be placed on the outdoor activity. No one else wished to speak in support of or in opposition to the applications. Mr. French remarked that he found it difficult to accept the fact that the church has not attempted to cooperate, he does take exception to that and he has not been contacted by any of the neighbors. They stand ready to meet with the neighbors in an attempt to resolve the problems. He suggested that a sound level study be made to indicate whether they are exceeding the noise level. Responding to Councilmember Partin, the City Attorney answered that the City's Noise Ordinance is designed for an ongoing operational or industrial noise situation rather than playground activity. Councilmember Kerry commented that the AWANA program is wonderful but how does the program continue without bothering the neighbors. She suggested that the church might use the parking area in the Business Park across the street for their outdoor activities. Mr. French responded that that is a consideration and a possibility they have not explored. Councilmember Age restated that no one is questioning the church or its teachings. The hours that the activities are held are not conducive to the neighborhood and the one thing a church should do is teach respect and love for neighbors. She suggested that the permit be denied without prejudice, which means the applicant can return to Council when a satisfactory solution is reached with the neighbors. 8 ~ r CITY COUNCIL MINUTES January 28, 1991 Councilmember Nicholson stated that this is a situation that shouldn't have come before Council. Of two neighbors, one became a bad neighbor and unfortunately that was the church and a lot of that responsibility lies on the pastor's shoulders. She asked that the church meet with the neighbors and resolve the problem. Councilmember Kerry remarked that she believed the church was aware of a need to amend their permit. What is needed is to meet with the neighbors, resolve this problem satisfactorily and there is no choice but to stop the activity in the parking lot at this time. Councilmember Partin commented that this activity is not working within the neighborhood; therefore, until something can be done to change it, the neighbors wishes must be respected and the church must make some additional effort to keep this program going. Mayor Bowman stated that previous comments from the other Councilmembers summarized his feelings. It was moved by Councilmember Age and seconded by Councilmember Nicholson to close the public hearing and deny, without prejudice, the amendment to Conditional Use Permit No. 76-11. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:42 p.m. and reconvened at 9:55 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 90-400 DIVIDE ONE PARCEL INTO TWO PARCELS, NORTHWEST CORNER OF DOUGLAS DRIVE AND PLAZA DRIVE: Mayor Bowman opened the public hearing. The Planning Director presented the staff report dated January 20, 1991, which represented a request to subdivide one parcel into two for business park development located at the northwest corner of Douglas Drive and Plaza Drive. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. To date, staff has not received any communication regarding this matter. Ms. Anna Beale, 2832 Walnut Avenue, Tustin, representing the engineering firm of K. W. Lawler & Associates, stated she has reviewed the conditions, is in concurrence and volunteered to answer any questions from the Council. Mayor Bowman asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilmember Partin and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve tentative Parcel Map No. 90-400 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPEAL OF PUBLIC NUISANCE ABATEMENT -KIPPERDALE KENNELS, 8321 AND 8331 DENNI STREET and CONSIDERATION OF PUBLIC HEARING RE: RECONSIDERATION OF USE PERMIT CERTIFICATE NO. 3373 AND USE PERMIT CERTIFICATE NO. 3048 -KIPPERDALE KENNELS, 8321 AND 8331 DENNI STREET: Mayor Bowman declared the public hearing open. The City Manager swore in all those persons who would be testifying in this matter and certified that the witnesses had been swore. The Planning Director presented the staff report dated January 22, 1991, which indicated that the Planning Director had authorized the posting of a Notice to Abate a nuisance condition existing at the Kipperdale Kennels located at 8321 and 8331 Denni Street on December 4, 1990. - Conditions constituting a public nuisance included conditional use permit, licensing, noise and health code violations. On December 18, 1990, the property owner appealed the Notice to Abate and this public hearing is being held to consider her appeal. According to the requirements of the California Environmental Quality Act, this public nuisance abatement is not considered a project. The City is acting as the coordinating agency and representatives of several different City and County agencies that have assisted are included as part of this public nuisance depending on the area of expertise. Notices of this public nuisance hearing were published, posted and mailed to all property owners within a 300 foot radius. As of the date of this report, staff has received no communications on the matter. She briefly summarized the Notice to Abate Nuisance that listed the violations. 9 ~ 'j r 159 CITY COUNCIL MINUTES January 28, 1991 Ms. Lois Bobak, Assistant City Attorney, advised that a number of representatives from the City and respective County agencies are present to testify and she introduced those representatives. Ms. Katherine Twork, former contract Code Enforcement Officer for the City of Cypress, stated that she conducted several investigations and inspections on the property on various dates and found flies, smell of urine, fecal matter, observed numerous code violations, kennel runs thrown together, stagnant water and backed up sewer systems. She presented several photos of the premises for Council review. Lt. Michelle Farrace, Orange County Animal Control, reported that the owner had been issued 11 citations for unlawful exotic animals, operating a kennel without a license and dog vaccinations required. Three notices to comply to take animals to a veterinarian for various aliments; five follow-up inspections to comply for fly and sewage problems until her license was denied. Kipperdale was denied a license on February 1, 1990 and after that date, citations were issued on subsequent visits. Lt. Farrace listed her observations of the condition of the kennels and the property on her visits. Sgt. Sandy Stanton, Cypress Police Department, explained her contact with the kennels and her visits there were. to keep the peace while the other agencies inspected the premises. She stated that she concurred with the conditions as stated by the previous testimony, the smell was overwhelming and her uniform was inundated with fleas and odors. Mr. Tom Ahrens, Supervising Environmental Health Specialist with Orange County, spoke of his visits in October and November 1990 to Kipperdale Kennel and reported on his findings. He observed pooled human waste on the ground behind the property, numerous piles of animal feces, pooled urine in and around the kennels, a bootlegged sewage conveyance system around the kennels into a collection sump. There would be areas of the apparent drying of liquid waste, troughs full of pooled urine and fecal material. The deck on which the kennels were located had a series of deck drains inside of which fecal material was floating on stagnant water. The stench was incredible and he observed flies throughout the facility, rodent activity, maggots under trash bags and trash bags of fecal material. Ms. Susan Knight, Environmental Health Specialist for the County of Orange and the Deputy Health Officer for the City of Cypress, advised that her inspections coincided with those of Mr. Ahrens. On October 11, she concurred with what Mr. Ahrens had observed and added that she observed numerous items in the front yard of 8321 Denni Street such as mattresses, weight lifting set, strollers and between the houses was discarded lumber, wooden boxes. In the front yard on both dates, she observed full trash cans and told of the stench and flies emanating from the property. Mr. Ellwyn Brickson, Orange County Noise Control Specialist, under contract to the City of Cypress for noise control, provided some background information on the kennels from 1983. Noise measurements were made and citations were issued. There were six noise violations prior to the construction of the wall and three afterwards in areas not protected by the wall. He stated that he has handled various kennels throughout the County and this is the first time he has experienced this lack of cooperation with the consistent noise violations. Ms. Holly Hamlin, Associate Planner for the City of Cypress, explained what the actual zoning and conditional use permit allowed on the property and the zoning permit grandfathered in from the County is not in complete compliance with the original use permit. Ms. Bobak noted that Ms. Hamlin did mention what was permitted on the site under the original use permit, which is the subject of the next public hearing but relevant to this one inasmuch as a violation of the use permit in and of itself constitutes a public nuisance. Det. Solorza, City of Cypress Police Department, mentioned that there is an ongoing investigation of the kennel but the District Attorney does not want details of the case revealed. They are investigating the death of a pet of one of the customers, death of one of Mrs. Nielsen's animals and alleged cruelty/neglect to several other animals. Mayor Bowman asked the applicant to step forward. Mrs. Norma Nielson, owner of Kipperdale Kennels, 8331 Denni Street, Cypress, commented on the importance of retaining Kipperdale as a functioning business in the community. She stated that many famous animal organizations have used her kennel over the years to bring abandoned animals. She told about the harassment and false accusations she has endured. She stated that all sewage problems on her property have been caused by the City's failure to maintain their lines and she has receipts and cancelled checks showing what she has spent on plumbing repairs. 10 , CITY COUNCIL MINUTES January 28, 1991 After some discussion, the Planning Director clarified that the conditional use permit for a commercial kennel is for show dogs only and the non-commercial kennel is for the care of the owner's show dogs. Ms. Maggie Daglas, 5728 Pine Court, Cypress, real estate agent for the property, stated that they have asked the Planning Department how to advertise the property and she has referred real estate calls to the City to .determine how many dogs are allowed on the property. Mrs. Nielsen responded to questions from Councilmembers and Councilmember Kerry asked her if she had the plumbing cleared and she responded in the affirmative. The Acting Public Works Director explained that a four inch line would be adequate for most commercial uses; however, for a kennel a four inch line would only be adequate if there were auxiliary pumping systems working in conjunction with the line. In all cases sewer lines from businesses or residences leading into the street is the responsibility of the property owner. The applicant was given an opportunity to view the pictures of the property so she could answer additional questions from Council. The City Attorney advised, for the record, that the public hearing has been open since staff testified, and is now open for others who wish to testify. Mayor Bowman asked if anyone wished to speak in support of the appeal. Mr. Angelo Daglas, 5728 Pine Court, Cypress, expressed his concern with the way everyone is attacking Kipperdale Kennels. Ms. Nielson has done everything she can to take care of the problems and she is now in the process of selling her property. Ms. Eileen Gilbert, 2992 Silverwood Drive, Rossmoor, stated that she has known Ms. Nielson for quite a while as she does animal rescue. Ms. Nielson never turns down an animal for boarding and the animals are very well fed. Responding to questions from Council, Ms. Gilbert clarified that she rescues animals but is not with any organized rescue group. Ms. Carol Haas, 7315 Rood Street, Paramount, stated that she also rescues animals but she is not with any organized rescue group and she helps Ms. Nielsen with the rescue dogs. The Mayor asked if anyone wished to speak in opposition to the appeal. Mr. Ben Walters, 4451 Crescent Avenue, Cypress, commented that there probably has been adequate testimony as to the kennel nuisance. He suggested that the number of dogs kept in that confined area consists animal cruelty and Kipperdale is an animal concentration camp. As an animal lover, he urged the Council to close t}ie kennel. Mr. Floyd Osborne, 8472 Denni Street, Cypress, stated he agreed with all of Mr. Walters' comments. Kipperdale Kennels is a blight in the area. The establishment has been cleaned up somewhat in the last few months, but the stench, noise and blight are still there. Ms. Joyce Mullen, 8341 Denni Street, Cypress, stated she lives next door to the kennel and sees no reason for Kipperdale Kennels to remain in business. The stench is unbearable, there are many personal problems in the home, police officers around all the time and she wants something done about it because it is not a healthy situation. Ms. Michelle Thomas, 8242 Fontainbleau Way, Cypress, advised that she is six houses north of the kennels. It is a disgusting place, trashy and drags the whole neighborhood down. Ms. Sherylyn Huerta, 4671 Dana Drive, La Palma, reported that she took her dog to Kipperdale Kennels to be groomed, when she picked her up she was limping very badly. Ms. Huerta took the dog to the veterinarian, who performed surgery on her back and after two surgeries, she died. Ms. Janie West, 8142 Fontainbleau Way, Cypress, advised that the neighborhood was very unhappy when kennels were allowed without consulting the present residents. The kennels are a nuisance, noisy, malodorous and cluttered. No one else wished to speak in support or in opposition to the appeal. The Assistant City Attorney asked if the applicant desired to provide rebuttal to the testimony. I1 6 CITY COUNCIL MINUTES January 28, 1991 Ms. Nielson addressed the pictures and noted that those pictures were taken before the sewage problem was rectified and responded to questions from Councilmembers. After some discussion, the City Attorney advised that even though this is a joint meeting, Council is dealing with the public nuisance now. There is no license involved because they have not been renewed. The use permit is still in existence but up for reconsideration tonight. Ms. Daglas stated that she didn't understand what had not been rectified on the property and almost all of the items listed in the public nuisance notice had been abated. The City Attorney commented that anything that has been cleaned up since the last visit would be in compliance but any items not taken care of would have to be addressed within the 14 day period. The Assistant City Attorney, Lois Bobak, and representatives from the various agencies responded to specific questions and comments that had been raised by the applicant. Councilmember Nicholson stated that she drove by the property and saw overwhelming evidence that these conditions have existed for some time. The testimony is irrefutable that it is a problem and has been a problem over many years. Councilmember Age stated that pictures speak a thousand words and there has been abuse on that property for some time. She concurred that the property is a public nuisance, the trash, the lack of storage, the fecal material, the lack of landscaping, inadequate and unsanitary sewage conditions, stagnant water, the debris and junk in the yard and the inoperable motor home. She questioned the lack of care to animals, no valid license or permit to run the kennel, the fleas, flies, rodents and the illegal animals that have been found there three times. Something is owed to the neighbors and she doesn't know how they've put up with it this long. She stated she would vote to deny the appeal. Councilmember Kerry added to Councilmember Age's statement and mentioned that Mrs. Nielson was fully aware there was a problem on her property when an inventory of animals revealed 92 dogs, 14 cats, 5 rabbis, 7 guinea pigs, 20 birds, 3 ferrets and 3 tortoises. Having ferrets confiscated three times is an example of someone not paying attention to the laws. She stated that she has no choice at this time but to deny the appeal. Councilmember Partin remarked that he believed the lady has a good heart, the dogs have been rescued, but this operation has existed in the City long enough and the nuisance needs to be abated. He stated he would vote to deny the appeal. Mayor Bowman stated everyone has heard the testimony and it appeared that everyone has drawn the same conclusion. It was moved by Councilmember Kerry and seconded by Councilmember Age to close the public hearing, deny the appeal and authorize the City Attorney to seek a court order directing the property owner, Mrs. Nielson to immediately abate the nuisance within the time limits allowed. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Reconsideration of Use Permit Certificate No. 3373 and Use Permit Certificate No. 3048 - Kipperdale Kennels, the Planning Director advised that the staff report dated January 21, 1991 was introduced into the record at the public nuisance hearing and she recommended that the City Council revoke the use permit certificate No. 3373 and use permit certificate No. 3048. The Mayor stated this is a public hearing and he reminded everyone that they are still under oath. In response to Mrs. Nielson's question, the City Attorney answered that she had 14 days under the ordinance to remove the excess animals from the property and an extension of time may be granted. 12 ~~z CITY COUNCIL MINUTES January 28, 1991 The Planning Director recommended that the item be broken into two areas: the public nuisance which would require 25 dogs per property within the 14 days and then the Council determine when the remaining dogs have to be removed depending on whether the use permits are revoked. Mayor Bowman asked if anyone wished to speak in support of or in opposition to reconsideration of the certificates. Mr. Ben Walters pointed out that the applicant already has shown that she doesn't care what the Council does; if Council doesn't take measures to close the kennels, the nuisance will still be there. w Mrs. Nielson stated that she is basically asking for time to move the dogs and felt she needed 90 days. No one else wished to speak in support of or opposition to the use permits. After some discussion on conditional use permits, Councilmember Kerry stated that she didn't have a problem with allowing a period of time for Mrs. Nielson to remove the animals and suggested 60 days in addition to the 14 abatement days and the conditional use permits to be revoked without prejudice to allow someone else to come in. It was moved by Councilmember Partin and seconded by Councilmember Age to close the public hearing, revoke Use Permit Certificate No. 3373 and Use Permit No. 3048 with the condition at the end of the 14 day nuisance abatement period an additional 60 days will be allowed to comply with the household pet code of the City of Cypress. The City Attorney clarified that the motion revoked the conditional use permits, a 14 day period to be in compliance to 50 dogs under the public nuisance and then an additional 60 days to remove the remainder of the animals. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 12:55 a.m. and reconvened at 1:03 a.m. with all Councilmembers present. _ w_ CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90-6 (AMENDING SECTION 9.3-A, PERFORMANCE STANDARDS: RESIDENTIAL ZONES, PERMITTING AIR-CONDITIONING UNITS AND MECHANICAL EQUIPMENT IN SIDE YARD SETBACKS: Mayor Bowman opened the public hearing. Due to the lateness of the hour, Councilmember Kerry requested this item be continued. It was moved by Councilmember Kerry and seconded by Councilmember Age to continue this item to the meeting of February 11, 1991. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Bowman NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DRUG FREE ZONES: Police Chief Wicker reviewed the staff report dated January 16, 1991, which described "Drug Free Zones" as statute-defined geographical areas around schools, parks and youth centers wherein those convicted of selling and/or distributing narcotics receive penalty enhancements upon conviction. It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the resolution by title only, title as follows, establishing "Drug Free Zones." RESOLUTION NO. 3887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ' ESTABLISHING DRUG FREE ZONES AND EXPRESSING ITS PARTICIPATION IN THE WAR AGAINST DRUGS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AMENDMENT TO THE POSITION CLASSIFICATION PLAN FOR THE CLASSIFICATION OF PURCHASING OFFICER: The Personnel Director presented the staff report dated January 18, 1991, which represented a request for an 13 . ~ CITY COUNCIL MINUTES January 28, 1991 upgrade to an existing vacant position of Purchasing Officer from anon-management position to a management position, with an accompanying increase in salary. It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt. the resolutions by titles only, titles as follow, amending the position classification plan. RESOLUTION NO. 3888 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. 3574 BY AMENDING CERTAIN CLASS SPECIFICATION TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. RESOLUTION NO. 3889 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, ESTABLISHING SALARIES FOR CERTAIN EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. RESOLUTION NO. 3890 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. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 43066 - 43295: It was moved by Councilmember Age and seconded by Councilmember Partin to approve the Warrants No. 43066 through 43295 in the amount of $587,443.07. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Partin asked why the sidewalk was ripped out on the southeast corner of Katella Avenue and Valley View Street and the City Manager responded that information would be provided. Councilmember Partin commented that one of his neighbors asked about the weeds on the parkways and sidewalks . The Acting Public Works Director responded that herbicide is being used to spray the weeds. WRITTEN COMMUNICATIONS: CLOSED SESSION: Mayor Bowman called a recess at 1:11 a.m. to enable the Council to enter Closed Session and reconvened the meeting at 1:30 a.m. with all Councilmembers present. ADJOURNMENT: Mayor Bowman adjourned the meeting at 1:30 to 4:30 February 11, 1991 in the Administrative Conference Room. ATTEST: 14