Minutes 72-12-04MINUTES OF AN ADJOURNED REGULAR MEETING
OF TEE CYPRESS CITY COUNCIL
HELD
December 4, 1972
The adjourned regular meeting of the Cypress City Council was called to order
at 7:45 p.m., on Monday, December 4, 1972, in the City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Councilmen Frankiewich, Harvey, Roberrs and Lacayo
ABSENT: Councilman Kanel
Also present were CityManager/City Clerk Dartell Essex, City Attorney James E.
Erickson, emt the following members of the City Staff: Dunlap, Hawley and
Schatzeder.
PLEDGE OF ALLEGIANCE:
Councilwoman Frankiewich led the City Council and audience in the Pledge of
Allegiance.
It was moved by Councilman Harvey, seconded by Mayor Lacayo and unanimously
carried to hear Item 4, Continuation of Consideration of Report on Drainage
Problems at the John C. Leal Dairy, at this time.
Mrl Jim Bardssty, 5853 Holmby Court, Cypress, addressed the City Council on
the matter.
EXECUTIVE SESSION:
Au the request of the City Manager, it was moved by Councilman Harvey, seconded
by Councilman Robarts and unanimously carried to meet in Executive Session at
7:48 p.m. with the City Attorney, to discuss matters of litigation.
COUNCILMAN KANEL ARRIVED AT 7:48 P.M.
The meeting was called back to order at 8:04 p.m. with all Councilmen present.
CONTINUATION OF PUBLIC HEARING TOCONSIDER TEE NEW PROPOSED ZONING ORDINANCE:
The Mayor announced this was the time and place for the Public Hearing to
consider the new Proposed Zoning Ordinance. It was moved by Councilwoman
Frankiewich, seconded by Councilman Roberrs and unanimously carried to continue
the Public Hearing on the new proposed Zoning Ordinance until after Item 4 has
been heard.
CONTINUATION OF PUBLIC HEARING TO CONSIDER A NEW ORDINANCE REGULATING TEE
CONSTRUCTIO~A~D MAINTENANCE OF SIGNS WITHIN THE CITY OF CYPRESS: The Mayor
announced this was the time and place for the Pubiic Hearing to consider a
new Ordinance regulating the Construction and Maintenance of Signs within the
City of Cypress. It was moved by Councilman Roberrs, seconded by Councilwoman
Frankiewich and unanimously carried to continue this Public Hearing until
a£ter Item 1 has been heard.
CONTINUATION OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED ZONING MAP AND LAND
USE ELEMENTS OF TEE GENERAL PLAN: The Mayor announced this was the time and
place for the Public Nearing to consider a new Ordinance regulating the Con-
struction and Maintenance of Signs within the City of Cypress~ It was moved
by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously
carries to continue this Public Hearing until after Item 2 has been heard.
C~ty Council Minutes
December 4, 1972
175
lhe motion carried with the following roll call vote:
AYES: 4 COUNCILMEN:
NOES; 1 COUNCILMAN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Kanel~ Roberrs and Lacayo
Harvey
None
Counci~raan Harvey stated for the record that he would like to indicate his
reasons for voting no on adoption of the new Zoning Ordinance~ He said he
thinks the new Zoning Ordinance has many fine features end was long in
coming. Generally speaking~ it iea vast improvement over what we had in
existence previously~ He is in opposition t~ the new ordinance on those
p~ints which he discussed previously, most specifically, concerning the pro-
perty rights of the individualo He feels the manner in ~nich this ordinance
was adopted was a violation of property rights of individuals whose properties
were re-zoned without the opportunity for those individuals to discuss their
opinions° The second ~!eason ~elates tc the matter of appeal which has been
discussed many times in the past° Other than those two reasons~ he thinks the
~rdinance is an improvement over whet we hays howe
CONrtNUAIION OF PUBLIC HEARING TO CONSIDER A NEW ORDINANCE REGULATING THE
CONSIRUC~ION AND MAINTENANCE O~SIGNS WITHIN THE CITY OFCYPRESS (Cent'd):
rhs Mayor declared the Public Hearing open°
City Manager reviewed $ Staff repor~ dated November 29, 1972, stating
affidavit of posting of the continuation cf Public Hearing notice is on
ri~e in the office of the City Clerk and that nci further communications have
Ose~ ~eceived regarding tn~s matter~
In~ ~ctlowing people addressed the City Council cn the proposed Ordinance
regulating ~igns;
AI Hya=t, Cypress Chamber .of Commerce (Business:
James Arnerich, F~res= Lawn Col~ C~ress
Lsu Cyprien, ~acific Outdoor AdverZising Col!
4656 Lincoln Ave°)
rne City Council requested ~c either amend ~r in some wa~ modify the existing
~=~inance with a new ordinance ~ha'~ wlll take evezy zone in ~he old ordinance
sad correspond i~ to !~he zones in the new ordinance to be adop~ed~
Beze~se discussion on the ~repcsed sign 3rdinance was expected to be lengthy,
was the general consensus of the City Council to continue the Public Hearing
ihhis matterl
i~ ~es ~c~sd by Councilman Harvey~ seconded by Ma~sr Lacay9 and unanimously
~arrled to continue this Public Hearing ~o the adjourned regular meeting of
Decambe~ 18, 1972o
CO~rXNUATION OF PUBLIC HEARINGS TO CONSIDER ~HE PROPOSED ZONING MAP AND LAND
USE EL~ENTS OF THE GENERAL PLAN ~O~t~a'); The Mayor declared the Public
Hea~ings open=
I'ne City Manager reviewed a report dated November 29, 1972~ stating the
a]ifida~its ei posting of the notices of cen~cinuation ~f the Public Hearings
~<'6 on iile in the office of the City Clerk~ end no .communications have been
~ecsived relative to ~his metter~
Ins Planning Director reviewed a report dated December 1, 1972~ stating that
the Planning Commission had reviewed and approved changes to !no proposed
Zoning Map and Land Use Element of the General Plan as recommended by the
Cl~y Council/
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City Council Minutes
December 4, 1972
Hearing no further testimony, the Mayor ordered the Public Hearing closed.
It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and
ananimously carried to read the title of the proposed ordinance. The City
Manager read the title.
h was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
approve the ordinance on first reading by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING A NEW OFFICIAL ZONING MAP ESTABLISHING HEW
ZONE CLASSIFICATIONS FOR THE CITY OF CYPRESS~
The mouion carried with the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMAN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Kanel, Roberrs and Lacayo
Harvey
None
Councilman Harvey stated for the record that his reasons for opposing the
pre~ious motion were as follows: he feels the manner in which this ordinance
was adopted wee a violation of property rights of individuals whose properties
were re-zoned without the opportunity for those individuals to discuss their
opinions; and, secondly, the matter of appeal which has been discussed many
times in the past.
Councilman Roberrs stated for the record that the reason he has been in support
ef ~his activity by the City Staff and by the City Council and Planning Commission,
and all the extra meetings each of these groups has artended, is the fact that
~ne City Council was advised by the City Attorney that it was the prudent and
correct thing to do to adopt these ordinances and maps, for the position of the
City° Furthermore, that the map that we Just adopted is in all those instances
the most nearly corresponding zone to the one that existed prior to the adoption
o~ ~his map. The exceptions are minor and were done in concert with the area
involvedo I do not feel now, nor have I felt all along, that this was an oppor-
tunity for anyone to get a zoning change. This map does not change anyone's zoning.
it makes the zones match the new Zoning Ordinance.
was moved by Councilmen Roberrs and seconded by Councilwoman Frankiewich
adopt a resolution by title only, title as follows:
RESOLUTION NO. 1308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ADOPTING AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN FOR THE CITY OF CYPRESS°
The motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
1 COUNCILMAN:
0 COUNCILMEN:
Frankiewich, Kanel, Roberrs and Lacayo
Harvey
None
Councilman Harvey stated for the record that he is in favor of the changes.
The only thing he actually opposes is the manner in which this was adopted.
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City Council Minutes
December 4, 1972
CONTINUATION OF CONSIDERATIONOF TRAFFIC STUDY. EEPORT - LOSALAMITOS RACE COURSE:
The City Manager stated the Staff would like further time to study the report
before coming up with ideas and suggestions on the recommendations made in the
report. It was the general consensus of the City Council to submit questions
on the report to the Staff who will report back, possibly at a work session
with the City Council.
It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously
carried to table this item.
At the request of the City Manager, it was moved by Councilman Harvey, seconded
by Councilman Roberrs and unanimously carried to add the following four items
to the agenda for consideration at this time:
1o Consideration of Cooperative Orange County Revenue Sharing Plan.
Consideration of the adoption of the Memorandum of Understanding
between the City of Cypress end the Cypress Employees Association.
3. Consideration of the Memorandum of Understanding between the City
of Cypress and the Cypress Police Association.
4o Consideration of the Memorandum of Understanding between the City
of Cypress and the Cypress Recreation and Park District employees.
CONSIDERATION OF COOPERATIVE ORANGE COUNTY REVENUE SHARING PLAN: The City
Manager reviewed a Staff report dated December 1, 1972, outlining a formula
for distribution of the County's share of the federal revenue sharing funds
as agreed upon by the Orange County City Manager's Association~
Following discussion, it was moved by Councilman Harvey, seconded by Councilman
Roberrs and unanimously carried to approve the formula as outlined in the Staff
report for the distribution of the Orange County federal revenue sharing funds,
and authorize the City Manager to notify the Orange County League of Cities of
this position in order that it be included in the presentation before the Orange
County Board of Supervisors.
CONSIDERATION OF THE ADOPTION OF THE M~MORANDUM OF UNDERSTANDING BETWEEN T}tE
CITY OF CYPRESS AND THE CYPRESS BMPLOYEES ASSOCIATION: The City Manager
z'eviewed a Staff report dated December 1, 1972, stating that the Meet and Confer
process between the City Manager's office and representatives of the Cypress
Employees Association has been completed. Submitted with the report was a copy
of the Memorandum of Understanding between the City of Cypress and the Cypress
Employees Association documenting the agreements reached in the negotiation
session.
It was moved by Councilman Harvey, seconded by Councilman Fanel and unanimously
carried to approve the Memorandum of Understanding between the City of Cypress
and the Cypress Employees Association.
EXECUTIVE SESSION:
At the request of the City Manager, the Mayor declared an Executive Session at
9:42 pomo, with the City Attorney, to discuss matters of personnel. The meeting
was called back to order at 10:39 p.m. with all Councilmen present°
CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS
AND THE CYPRESS POLICE ASSOCIATION: The City Manager recommended that Item 3
and Item 4, Consideration of the Memorandum of Understanding between the City
of Cypress and the Cypress Recreation and Park District Employees, be continued
to the City Council meeting of December 11, 1972.
It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously
carried to continue Items 3 and 4 to the City Council meeting of December 11, 1972.
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City Council Minutes
December 4, 1972
It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously
carried to place on the ageride an item dealing with accessibility to public
buildings by the handicapped.
Councilwoman Frankiewich reviewed a letter she had received from Mr o William Jayrio
requesting the City to rectify the inequities in architectural barriers ~Ahich
make public buildings inaccessible to the physically handicapped. Councilwoman
Frankiewich requested a study on this subject be conducted by the Planning
Director, Public Works Director and the City Manager, with the possible inclusion
in the City Codes of provisions for the handicapped.
ADJOUR~ENT:
was moved by Councilman Eanel, seconded by Councilman Harvey and unanimously
car~iea to adjourn the meeting at 10:43 p.m.
ATTEST:
MaYOR~'TN'~I~TY G~' CYPRESS
cmn C oF CYPKZSS
EEE
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