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Minutes 96-07-08 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 8, 1996 The Regular Meeting of the Cypress City Council was called to order at 4:45 p.m. on Monday, July 8,1996 in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT:Councilmembers Age, Carroll, Jones, Kerry and Bowman ABSENT: None ORAL INTERVIEWS: The Council conducted interviews with the three applicants for the single vacancy on the CATV Commission. WORKSHOP SESSION: Study Regarding North End Residential Parcels. A presentation was made by members of the Community Development staff relating to five potential study areas on the north end residential parcels. information was sought from the City Council relating to the nature and type of use for each of the areas. At the Council's direction, land use studies, along with code enforcement, will be conducted in some of five designated areas. Also present for the Workshop Session were City Manager Mark Ochenduszko, Acting City Attorney Lois Jeffrey and staff members Kelly and Angus. RECESS: Mayor Bowman recessed the meeting at 5:45 p.m. to enable the Council to reconvene at 5:50 P.M. in the Council Chamber with all Councilmembers present. CLOSED SESSION: The Mayor immediately recessed the meeting to allow the Council to enter into Closed Session to discuss those agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6) Police Management and Public works Maintenance Supervisors' Associations; Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) Nicholas C. Tucker and Shari Morinishi and Glenn Morinishi, orange County Superior Court Cases No. 75-37-83 and 75-42-61, respectively, and Liability Claim of Jose de Jesus Nieto (Government Code Section 54956.95). The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, the Acting City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age. Mayor Bowman introduced mark J. ochenduszko, the new City Manager of the City of Cypress. PRESENTATIONS: Mary McIver, Alternate to the Senior Citizens Commission, was not in attendance to receive the Loyalty Oath and Certificate of Appointment. Mayor Bowman made the presentation of a Community Service Plaque to the former City Manager Darrell Essex. Mr. Essex thanked everyone and expressed his appreciation for the many accolades given him as he retired from public service. Bishop Steve St. Clair accepted the MaVor's Proclamation for the Cypress Stake of the Church of Jesus Christ Of Latter-DaV saints upon their 20th Anniversary in the City of Cypress. He presented each of the Councilmembers with a commemorative copy of the Sesquicentennial edition of the Book of Mormon. Nick EighmV, representing the Cypress High School Athletic Booster Club, introduced Muff Felstrand from the Speech and Language Development Center, who, on behalf of the Cypress High School Athletic Boosters and Band Boosters, the LOS Alamitos High School Band Boosters and Speech and Language Development Center presented $923.00 to Chief Wicker for the Cypress Police Department's D.A.R.E. Program. Presentations of memorabilia in conjunction with the 1996 Cypress Community Festival were made by Johnnie Perkins, Chairman; events being held during festival week were outlined by Karl Dash and Jewell Tolkin slooke about all the activities taking place on July 27, the day of the festival. CITY COUNCIL MINUTES July 8, 1996 ORAL COMMUNICATIONS: For Clarification of matters on the 7:00 p.m. Agenda. No one wished to speak. The City Manager reviewed discussions held during the workshop session on north end residential parcels. He also reviewed discussions held during Closed Session on: Conference with Labor Negotiator and Conference with legal counsel on two existing litigation cases. The Acting City Attorney reported that the City Council rejected the claim of Jose de Jesus Nieto by a 5-0 vote. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR CROSSING GUARD SERVICES: The City Manager asked the Police Chief to present the staff report dated June 19, 1996, which requested approval to award a contract to All City Management to assume the entire crossing guard function for the City of Cypress. Under the terms of the contract, All City would assume responsibility for the recruiting, hiring, supervising, managing, timekeeping and payroll of all the crossing guards and they will employ all current crossing guards who meet minimum qualification standards, continuing at the same rate of pay. Councilmember Carroll said that there are two primary reasons for subcontracting and neither of those reasons have been satisfied. He would prefer crossing guards remain a City function and moved under the direction of another department. He would vote against contracting out. Responding to Mayor Bowman request, the Police Chief noted that several of the costs associated with the administration of the crossing guard program were not mentioned as part of the budget. Councilmember Age asked the Chief why the School District would not assume the crossing guard program. The Police Chief explained that they do not want to assume the responsibility and risk of administration and they do not have the expertise or the staff time. It was moved by Councilmember Age and seconded by Mayor Bowman to: 1.Authorize the Police Department to contract the entire crossing guard function to a private contractor; 2.Approve the transfer of all monies in program 176 to Account 4187-11-176-05; and 3.Award the contract for crossing guard services to All City Management Services, Inc., 1749 South La Clenega Blvd., Los Angeles, California 90035, at a rate of $9.97 an hour, not to exceed $125,913.00 in fiscal year 1996-97. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Jones, Kerry and Bowman NOES:I COUNCILMEMBERS: Carroll 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. Counclimember Carroll asked for clarification of the date in Item No. 9 and it was verifiecl that "1999" was correct. it was moved by Councilmember Age and seconded by Councilmember Carroll to approve the Consent Calendar Items No. 2 through 9. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None 2 CITY COUNCIL MINUTES July 8, 1996 Item No. 2: Motion to Approve City Council minutes of June 24, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of June 24,1996, as submitted. Item No. 3: Motion to introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of Claim Filed by Kevin Fana. Recommendation: Receive and file. Item No. 5: Consideration of Approval of the Attendance of Cypress Police Department D.A.R.E. personnel at the National D.A.R.E. Officers' Training Conference, August 7-10, 1996, St. Louis, Missouri. Recommendation: That the City Council approve the attendance of the Cypress Police Department D.A.R.E. personnel to the Ninth Annual National D.A.R.E. Officers' Training Conf erence. Item No. 6: Consideration of Employee Memorandum of Understanding and Authorizing Resolution. Recommendation: That the City Council move to adopt the Resolution by title only, title as follows, ratifying the Memorandum of Understanding between the City and the Cypress Police Management Association (PMA). RESOLUTION NO. 4662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No. 7: Consideration of Appropriation of Funds for "Athlete Of Distinction" Awards Dinner. Recommendation: That the City Council appropriate $750 from the fund balance of the Unreserved General Fund of the City of Cypress to Account No. 4206-11-117-02 for payment of a table for 12 at the California State Games "Athlete of Distinction" Awards Dinner to be held on Saturday, August 10, 1996, at the Irvine Marriott. Item No. 8: Consideration of Addendum #1 to Public Works Maintenance Supervisors' Association Memorandum of Understanding and Authorizing Resolutions Regarding Alcohol and Controlled Substance Policy & Testing Program for Commercial Motor Vehicle Drivers Relating to Regulations issued by the Federal Highway Administration of the Department of Transportation. Recommendation: That the City Council move to adopt the Resolutions by titles only, titles as follow, ratifying Addendum #1 to the Memorandum of Understanding between the City and the Cypress Public works Maintenance Supervisors' Association, and to modify the job description of Public Works Maintenance Supervisors. RESOLUTION NO. 4663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY REVISING THE JOB SPECIFICATION FOR PUBLIC WORKS MAINTENANCE SUPERVISOR IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. RESOLUTION NO. 4664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN ADDENDUM #1 TO THE CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC WORKS MAINTENANCE SUPERVISORS' ASSOCIATION BY ADDING AN ALCOHOL AND CONTROLLED SUBSTANCE PREVENTION POLICY AND TESTING PROGRAM FOR COMMERCIAL MOTOR VEHICLE DRIVERS RELATING 3 CITY COUNCIL MINUTES July 8,1996 TO REGULATIONS ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION. Recreation & Park District Matters: Item No. 9: Consideration of Request From Cypress "POPS" orchestra for Use of the Senior Citizens Center on December 21, 1999. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the Cypress "POPS" Orchestra's request for use of the Senior Citizens Center on December 31, 1999, at the fee rate that is effective December 31, 1998. END OF CONSENT CALENDAR PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 96-5, REDUCTION IN REQUIRED REAR YARD OPEN AREA, 9809 SPRUCE COURT, CYPRESS: Mayor Bowman opened the public hearing. The Community Development Director summarized the staff report dated June 27, 1996, which represented a request to vary from the Cypress Zoning ordinance (Section 9.2.8.8.), to allow a proposed room addition to reduce the minimum 1,100 square foot rear yard open area to 750 square feet. The subject proposal also included the concurrent processing of an administrative adjustment to allow a one-foot encroachment into the minimum ten-foot rear building setback. According to the California Environmental Quality Act (CEQA) Guidelines, the proposed project is considered exempt from the provisions of CEQA under Categorical Exemption, Class 5(a). Notices of this public hearing were posted, published and mailed to all owners of properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The applicant, Dale Meyers, was not in the audience. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Carroll and seconded by Councilmember Jones to close the public hearing and adopt the Resolution by title only, title as follows, approving variance No. 96-5, subject to conditions of approval contained in Exhibit "A." RESOLUTION NO. 4665 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, SECTION 9.2.B.8., TO ALLOW THE REDUCTION OF A REAR YARD OPEN AREA - VARIANCE NO. 96-5. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 1996-97, CITY OF CYPRESS PROJECT NO. 8615-90: The public hearing was declared open by Mayor Bowman. The City Manager asked the Public Works Director to present the staff report dated June 27, 1996, which advised that the Cypress Corporate Center Landscaping Maintenance District No. 1 was established to provide for ongoing maintenance of the Stanton Channel landscape berm. This berm acts as a buffer between the businesses and residences to the south. The proposed assessments on the Cypress Business Park properties will provide for the maintenance of the berm during fiscal year 1996-97. Affidavits of posting and publication of the public hearing notices are on file in the office of the City Clerk. Mayor Bowman asked if anyone wished to speak in favor of or in opposition to the renewal. NO one did so. it was moved by Councilmember Age and seconded by Councilmember Carroll to close the public hearing and adopt the Resolution by title only, title as follows, ordering the 4 CITY COUNCIL MINUTES July 8,1996 renewal of Cypress Corporate Center Landscape Maintenance District NO. 1 for Fiscal Year 1996-97, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 4666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1996-97, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDING SECTION 13.1.C OF THE CYPRESS ZONING CODE DELETING FIREWORK STANDS FROM THE LIST OF TEMPORARY USES AND ADDING VEHICLE SALES: After Mayor Bowman opened the public hearing, the City Manager called upon the Community Development Director to present the staff report dated June 25, 1996. At the May 13, 1996 meeting, the City Council determined vehicle sales to be similar to the uses listed in Section 13.1, "Temporary Uses" of the Cypress Zoning Code. As part of this determination, Council directed staff to prepare a Zoning Code amendment removing firework stands from the list of Temporary Uses and adding vehicle sales up to five (5) days per event, once each quarter, with additional time subject to City Council approval. in accordance with the requirements of the California Environmental Quality Act, an Initial Study and Negative Declaration have been prepared for this Ordinance amendment. Notice of the public hearing was published and posted in accordance with Section 65090 of the California Government Code. No communication regarding this matter has been received as of the date of the report. NO one wished to speak in support of or in opposition to the Ordinance amendment. It was moved by Councilmember Jones and seconded by Councilmember Carroll to close the public hearing, approve the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve the first reading of the Ordinance by title only, title as follows, amending Section 13.1 Of Appendix 1, Zoning of the Cypress Zoning Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 13.1.C OF APPENDIX 1, ZONING, OF THE CODE OF THE CITY OF CYPRESS REMOVING FIREWORK STANDS FROM THE LIST OF TEMPORARY USES AND ADDING VEHICLE SALES. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REVIEW OF A LIVE ENTERTAINMENT PERMIT - VIA MARIA, 9969 WALKER STREET, CYPRESS: The city manager presented the staff report dated July 2, 1996, which indicated that the City Council, at its June 13, 1995 meeting, approved a Live Entertainment Permit for the Via Maria Restaurant. The permit was granted for a one- year period only in order to monitor any complaints received from the adjacent neighborhood and Council directed staff to report back after the conclusion of one year regarding Public safety issues. The purpose is to review the history of the permit over the last year and, secondarily, to determine if the City should schedule a public hearing to determine whether additional conditions should be placed on the Live Entertainment permit or the live entertainment permit should be revoked. He then read from Section 9.8 and 9.9 of the Cypress Code. The consideration is to review the permit over the last year and to determine whether or not the City should schedule a public hearing to impose additional conditions. 5 CITY COUNCIL MINUTES July 8, 1996 In the past three months, the restaurant has employed on-site security during periods of live entertainment, escorting patrons to their automobiles and supervising the parking lot. Counclimember Carroll asked if the existing Live Entertainment permit could be retained and a public hearing scheduled. The Acting City Attorney replied in the affirmative. The Police Chief provided additional information on the law enforcement issues. Councilmember Jones commented on the seriousness of the crimes for which arrests have been made during the last year. Councilmember Age asked if the permit could be conditioned to be brought back in one year after the public hearing and the City Attorney replied in the affirmative. Counclimember Jones concluded that this operation has been of concern to the residents, many complaints have been received and they have been serious enough to schedule a public hearing. it was moved by Councilmember Carroll and seconded by Councilmember Jones to allow Via Maria to retain their existing Live Entertainment Permit and to schedule a public hearing. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Bowman noted that the applicants were in the audience and he advised that a public hearing would be scheduled. Responding to Mayor Bowman, the City Manager stated that the City will go through the notice process and schedule the public hearing at the earliest possible date that the notice requirements allow. The Mayor advised that at the public hearing the applicant and the audience would be able to provide public comment. CONSIDERATION OF REQUEST FOR CITY COUNCIL DIRECTION REGARDING AN AMENDMENT TO THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN RELATED TO THE PROPOSED BRETHREN CHRISTIAN SCHOOL PROJECT: The City Manager asked the Community Development Director to review the staff report dated June 26, 1996, which asked to receive Council direction on the future land use assumptions for Planning Area 2, provided an update on the status of the application for a church school use requiring an amendment to the Cypress Business & Professional Center Specific Plan and discussed the environmental and economic considerations involved. Currently the City has an application for the Brethren Christian School Conditional Use Permit and Specific Plan Amendment. eased on Brethren's application, a Specific Plan Amendment and related Supplemental Environmental Impact Report (EIR) are necessary. An issue that arises involves the viability and continued desirability of Planning Area 2 (Nazarene corner site) for business park use, although the site is being marketed by the landowner for either church or business park use. Based on the goals and policies of the Specific Plan, this area should be promoted for business park use. However, given the Grace Church and School development to the west and the proposed Brethren Church School use to the south, the future business park potential of the corner site may be impacted. After a question and answer period between Council and staff, the Community Development Director said that they wanted to bring this situation to Council's attention and it was important that Brethren be made aware because when sensitive land uses receptors are mixed in a business park area, sometimes they don't match perfectly. Staff wanted to inform the Council that there are potential conflicts. Mayor Bowman felt it was important to obtain a listing of sensitive uses published by SCAOMD to be used in the analysis. He believed that the analysis could be done for either a school or a business park. Councilmember Carroll asked to be advised on what could occur on adjacent parcels. Councilmember Jones concurred that the transfer of land use from one planning area to another not apply to church or school uses was a good recommendation. Responding to Councilmember Carroll's inquiry, the Community Development Director replied that staff strongly supported their recommendation to proceed with the land 6 CITY COUNCIL MINUTES July 8,1996 use assumption of business park for the corner site (Nazarene property), while considering a possible church or school use for the corner site as part of the cumulative analysis. CONSIDERATION OF REQUEST TO DETERMINE WHETHER A TEMPORARY OVERFLOW PARKING LOT IS A SIMILAR USE TO TEMPORARY USES LISTED IN SECTION 13.1 OF THE ZONING CODE: The City manager requested the Community Development Director to present the staff report dated June 25, 1996, which attempted to address the parking concerns related to the "Concerts on the Green." To alleviate the need for people to cross orange Avenue or Walker Street, staff is interested in placing a temporary Parking lot on the vacant Orange Avenue frontage of the Wicker Drive property. The Public Works Department has the equipment and material to construct a temporary lot. The Zoning Code does not list a temporary parking lot among the list of uses in Section 13.1 which can be approved as a temporary use. The Zoning Code does allow for consideration of other similar uses, as determined by the planning agency. In response to a question from Councilmember Kerry, the Community Development Director advised that the temporary parking lot would have to be returned to its original state after the temporary use is no longer required. After some discussion, Mayor Bowman stated that the Council should determine if the temporary Parking lot would be an appropriate use. The City Manager said the Council could approve the interpretation that the temporary parking lot is an allowed temporary use consistent with those temporary uses in the Zoning Code and then direct staff to return for Council consideration of a conditional use permit for the site for a more extended period of time. Councilmember Jones suggested allowing the temporary use of a temporary parking and then staff pursue a conditional use permit for the site. It was moved by Councilmember Carroll to f incl that the proposed temporary overflow parking lot is similar to the listed permitted uses under Section 13.1 Temporary Uses, and to direct staff to bring back consideration of a conditional use permit. The motion was seconded by mayor Bowman and unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF SPECIAL TAX LEVY FOR THE 1996-97 FISCAL YEAR WITHIN COMMUNITY FACILITIES DISTRICT NO. I (SORRENTO HOMES) OF THE CITY OF CYPRESS: The City Manager called upon the Finance Director to summarize the staff report dated June 26, 1996, which advised that the Government Code required that the City annually pass a Resolution for the levy of the special tax for each year such tax is levied. The Resolution currently before the Council authorized the special tax levy within CFD No. 1 (Sorrento Homes) for fiscal year 1996-97. In addition, the City Clerk is also required to file with the County Auditor a certified list of parcels subject to the special tax and the amount of such special tax on each parcel for the subject year before August 10 of that tax year. it was moved by Councilmember Jones and seconded by Councilmember Age that the City Council, acting as the legislative body of CFD No. 1 (Sorrento Homes) adopt the Resolution by title only, title as follows, authorizing the levy of a special tax for fiscal year 1996-97 with the District. RESOLUTION NO. 4667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 1996-97 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None 7 CITY COUNCIL MINUTES CONSIDERATION OF REVIEW OF ARTICLES FOR JULY/AUGUST/SEPTEMBER EDITION OF THE CYPRESS CITY NEWSLETTER: At the request of the City Manager, the Administrative Services Director presented the staff report dated July 3, 1996. At its June 10, 1996 meeting, Council awarded the contract for the design and printing of the Cypress City Newsletter. The articles for the quarterly edition were attached for the Council's review. in the first edition, there will be eight feature articles and regular items such as Commission and organization meeting schedules, City Cable Channel 52 programming schedules and City phone numbers. Councilmember Jones said she thought there would be announcements of upcoming events, such as, commission openings, public workshops and Cable TV programming schedules for the PEG channels. Councilmember Kerry commented that the Community Festival article appeared too short and needed some of the history of Cypress. Councilmember Age suggested eliminating the July 4th article since it is passed and incorporating the oil recycling article with the Community Festival piece. Counclimember Jones asked that the dummy draft be faxed to her and Counclimember Kerry would like the back-to-back draft faxed to her. CONSIDERATION OF DISCUSSION FOR THE PLACEMENT OF A PLAQUE HONORING FORMER CITY MANAGER DARRELL ESSEX: Mayor Bowman stated that Darrell Essex was City Manager for 34 years and helped mold the City into what it is today. The Council thought it might be appropriate to have a bronze plaque hung in City Hall, with a bas relief likeness of the former City Manager on the plaque with his name and years of service. Councilmember Age opted to place the plaque on the outside of the building. Councilmember Jones believed it would be more appropriate to hang the plaque inside City Hall. Mayor Bowman said his Intention was to have a commemorative plaque and not to name a building for the former City Manager. Councilmember Age remarked that it should be Mr. Essex' choice whether it is inside or outside of the City Hall. Councilmember Carroll said he would support a plaque being hung inside the City Hall and Councilmember Jones concurred. It was moved by Councilmember Carroll to approve a bronze plaque 12" X 24" to be hung inside City Hall. Councilmember Age suggested that both sizes, 12" X 24" and 24" X 36" be considered and she would like to see a layout of both. After a short discussion, the City Manager advised that the prices quoted were to provide the Council with a sense of perspective and Councilmember Carroll amended his motion to approve the concept that a plaque be presented, seconded by Councilmember Kerry. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21555 - 21750: it was moved by Councilmember Age and seconded by Counclimember Carroll to approve the Commercial Warrant List for warrants No. 21555 through 21750 in the amount of $926,060.07. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Bowman announced that Mary Dobrick, a former Senior Citizens Commissioner, was unable to attend a Council meeting to receive her Community Service plaque due to illness. The plaque was delivered to her home. 8 July 8,1996 CITY COUNCIL MINUTES July 8, 1996 Mrs. Therese McCormack, 9130 Esther Street, Cypress, stated she had come before the Council two weeks ago and wished to continue her discussion on Cypress Auto Parts. She had received a letter from the City regarding Cypress Auto Parts and she asked if this business was licensed to paint cars. She said that the County did not send the neighbors notification, the impropriety should be corrected, the City did not support the neighbors and should look into the civil aspects. She presented a petition, for the record, to the Council requesting something be done about the business. Mayor Bowman responded that staff is still researching the situation, he read portions of the letter and said that some questions remain unanswered, i.e., paint booth and storage. Ms. McCormack said her complaint was that they had no voice in allowing the body shop, it is a civil matter and it is an inequitable situation. The City Attorney advised that the City is looking into the issues that have been raised and if they are operating in a manner that is creating a public nuisance, the City can take some action. Mr. Frank McCoy, 4496 Tuscani Drive, Cypress, asked if there were any public hearings on the special tax levy for the Community Facilities District No. 1 (Sorrento Homes). The Finance Director said when the homes were bought, a special tax rate was obtained with a maximum tax that could be assessed annually. if the maximum tax rate ever changed, there would be a public hearing. The District can assess a tax within that maximum tax rate based on actual costs. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Mayor Bowman asked the Recreation and Parks Director to comment on the pool situation at Cypress High School. The Director reported that the District has an Aquatics program and last Wednesday the pool filter pump broke down. They have found another location to continue the program temporarily until it is possible to return to the Cypress High School pool. The program is currently being held at Magnolia High School. ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:00 p.m. to 4:30 p.m., Monday, July 22,1996 in the Administrative Conference Room. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9