Minutes 2001-12-10096
MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
December 10, 2001
A regular meeting of the Cypress City Council was called to order at 5:38 p.m. by Mayor
McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council Members Keenan, McCoy, Piercy, Mayor Pro Tern Sondhi,
Mayor McGill
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Recreation and Community Services Director, Assistant to the City
Manager, Engineering Associate, Police Captain, Police Lieutenant, City Clerk, Deputy
City Clerk, and Management Assistant.
The Public Works Director stated that there have been some traffic issues on Orange
Avenue primarily at Lexington Junior High School and between Valley View and
Walker.
The Engineering Associate stated that over the last several years, staff has received
comments from the public regarding traffic concerns on Orange Avenue. The first area
of concern is between Walker and Valley View Street. The residents are concerned that
speeds have increased recently and that there is an increase in traffic accidents. The
second area is at Lexington Junior High School, primarily during the morning drop off
and afternoon pick up.
The Engineering Associate stated Orange Avenue is classified as a secondary arterial
highway per the County's Master Plan. The width of the street is 64 feet curb to curb,
which accommodates four through lanes that are undivided without a median. The
acceptable capacity level is 22,500 vehicles per day.
The Engineering Associate reviewed the data provided to the Council on speed surveys
and traffic volumes on Orange Avenue. He stated eight different traffic studies have
been done on Orange between Walker and Valley View over the past 25 years,
including sight distance and traffic signal warrant studies. Accident studies have shown
a pattern of two types of accidents in the area: parked vehicles being hit and rear end
accidents of vehicles waiting to make a left turn.
The Engineering Associate provided staff recommendations for reducing the number of
accidents in the area and the costs to implement them. He stated a neighborhood
meeting was held at the Community Center to discuss the various options. The
residents were supportive of the recommendations with the exception of the elimination
of on-street parking.
He stated that over the years complaints have been received for the area near
Lexington Junior High School. The congestion during drop off and pick up times is due
to the onsite area being only 150 feet long. Parents will double park on the street and
then make U-turns at the intersection of Orange and Via Entrada. There is also a
problem area from the school driveway to the intersection of Denni, where pedestrians
and bicycles must use the same area of sidewalk to try to get to the intersection.
The Engineering Associate stated the Traffic Commission has reviewed the issue
several times and made several recommendations. Education programs through the
school and Police Department have also been done. He stated that several years ago
CITY COUNCIL MINUTES
097
DECEMBER 10, 2001
staff, in working with the school district, proposed some onsite and right-of-way
improvements, with the primary being taking the existing 150 foot area and removing
parking along the north side of the parking lot, and extending the drop off area to 600
feet. A traffic signal with pedestrian crossing is also recommended and removing the
existing marked uncontrolled crossing at Orange and Somerset/Via Entrada. Staff has
learned that a recent grant request to fund the project has been turned down. However,
the City's portion of the project is included in the 2002-2003 CIP budget.
Mayor Pro Tern Sondhi asked if the City has enough funding in the current budget to
begin the project sooner.
The Public Works Director stated the project could be moved forward somewhat with
construction possibly during the summer. There are some limitations in terms of the
time required for design, ordering of materials, and other traffic signal issues.
It was the consensus of the Council to approve staff's recommendations for the area
near Lexington Junior High School and between Walker and Valley View Street.
Mayor Pro Tem Sondhi stated her concerns about the speed of travel on Orange
Avenue.
The Engineering Associate stated a speed survey is done to determine the speed of
traffic on the street. This is done during off-peak hours when the speeds tend to be
higher. The 85th percentile is the speed that the courts feel is a reasonable speed; 85%
of the traffic is going at or below that speed. Speed limits are to be determined within
five miles an hour of that 85th percentile.
The Chief of Police stated citation enforcement is done for speeds at least seven to ten
miles over the posted speed limit. Vehicles driving over the limit are being stopped and
advised to slow down.
Council Member Piercy asked about posting "Right Turn Only" signs on Orange
between Walker and Valley View during peak traffic hours.
At 6:31 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:07 p.m. by
Mayor McGill.
PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tem Sondhi, Mayor
McGill
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Recreation and Community Services Director, Assistant to the City
Manager, Police Captains, Planning Manager, City Clerk, Deputy City Clerk, and
Management Assistant.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Piercy.
INVOCATION: The invocation was given by Father Simon Kim, St. Irenaeus Catholic
Church.
CITY COUNCIL REORGANIZATION:
Mayor McGill introduced the City department heads and highlighted the
accomplishments made by each department over the last year. He also thanked the
CITY COUNCIL MINUTES
DECEMBER 10, 2001
098
City Council for their involvement with the many organizations and boards they
participate on and their involvement in the community. The Mayor thanked his wife and
family for their support over the last year,
The City Clerk opened the nominations for Mayor.
Mayor McGill nominated Mayor Pro Tem Sondhi for the office of Mayor. It was moved
by Council Member Keenan and seconded by Council Member McCoy, to close the
nominations.
Mayor Pro Tem Sondhi was unanimously elected Mayor by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Mayor Sondhi then asked for nominations for the office of Mayor Pro Tem.
Council Member Piercy nominated Council Member McCoy for the office of Mayor Pro
Tern. It was moved by Council Member Keenan and seconded by Council Member
McGill, to close the nominations.
Council Member McCoy was unanimously elected Mayor Pro Tem by the following roll
call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Mayor Sondhi thanked the City Council for electing her Mayor. She stated she will
continue to foster the team work and harmony the Council has exhibited for the last
three years, and will continue to provide strong leadership. She welcomed the public to
come to Council meetings and participate in the issues before the City Council.
Mayor Pro Tem McCoy thanked the City Council for electing him as Mayor Pro Tem
and for their support. He stated that each Council Member comes from a different
professional background that provides different viewpoints on issues and helps the
Council to work as a team. He thanked the City staff for their hard work.
Mayor Sondhi presented outgoing Mayor Mike McGill with a plaque and thanked him for
his service and leadership as Mayor.
The City Council meeting was recessed at 7:33 p.m.
The City Council meeting was reconvened at 7:53 p.m.
PRESENTATIONS:
Chief Hensley introduced new Cypress Police Department Captain Rick Hicks.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that a workshop was held to discuss traffic issues on
Orange Avenue, particularly the areas near Lexington Junior High School and between
Walker and Valley View Street near the Community Center. Staff provided a
presentation to the Council on traffic data such as speeds, width of street, types of
street, and some of the problems being faced in these two areas. The Council gave
direction to staff to make some modifications to the streets and to install some traffic
devices at a later date.
CITY COUNCIL MINUTES DECEMBER 10, 2001
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the Council met regarding Liability Claims, pursuant to
Government Code Section 54956.95, Claimant: Michael Moull, Agency Claimed
Against: City of Cypress. The City Council unanimously directed staff to reject the claim.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Sondhi asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Jay Sondhi, Cypress, provided a personal tribute to Mayor Sondhi.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2001-19, GENERAL PLAN AMENDMENT NO. 2001-01, ZONE CHANGE NO. 2001-01,
AND TENTATIVE TRACT MAP NO. 16293, A REQUEST TO CONSTRUCT 19
CONDOMINIUM UNITS LOCATED AT THE SOUTHWEST CORNER OF MOODY
STREET AND BISHOP STREET WITHIN THE CH COMMERCIAL HEAVY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem McCoy asked where the trash containers would be located.
The Associate Planner stated the trash containers would be stored in the garages.
Mayor Sondhi stated the condition requiring one vehicle to be parked in the garage at
all times implies that one car will be stored and does not believe that is the intent of the
language.
The Planning Manager stated the condition could be changed to read that one vehicle
can be parked in the required garage space on a regular basis.
The applicant, Ed Bonanni, Bonanni Properties, stated staff has been very cooperative
in reaching the site plan that is being presented to the City Council, and he looks
forward to building his sixth project in Cypress.
Council Member McGill asked the price range of the homes.
Mr. Bonanni stated the smaller units will be approximately $200,000 and the larger units
will be approximately $230,000.
The public hearing was opened.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
D.K. Patel, Norwalk, spoke in support of the project.
Frank and Janet Correia, Cypress, spoke in support of the project.
Mayor S0ndhi asked if there was anyone who wished to speak against the item.
The public hearing was closed.
Mayor Pro Tem McCoy asked if there was any condition regarding trashcans being
visible.
4
CITY COUNCIL MINUTES
DECEMBER 10, 2001
.00
The Associate Planner stated a condition could be added to address this issue.
It was moved by Council Member Keenan and seconded by Council Member Pieroy, to
adopt the Resolution approving General Plan Amendment No. 2001-01 and approve for
first reading the Ordinance approving Zone Change No. 2001-01.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5510
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING GENERAL PLAN AMENDMENT NO. 2001-01, CHANGING
THE GENERAL PLAN CLASSIFICATION OF THE PROPERTIES
LOCATED AT 9061 MOODY STREET AND 4912-4952 BISHOP STREET
FROM GENERAL NEIGHBORHOOD COMMERCIAL TO HIGH
DENSITY RESIDENTIAL.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING ZONE CHANGE NO. 2001-01, CHANGING THE ZONING
CLASSIFICATION OF THE FOUR PROPERTIES LOCATED AT
9061 MOODY STREET AND 4912-4952 BISHOP STREET FROM
CH HEAVY COMMERCIAL TO RM-20 RESIDENTIAL
MULTIPLE-FAMILY.
It was moved by Council Member Keenan and seconded by Council Member Piercy, to
adopt the Mitigated Negative Declaration, De Minimus Findings, and Mitigation
Monitoring Program for the proposed project in accordance with the requirements of the
California Environmental Quality Act (CEQA) and adopt the Resolution approving
Conditional Use Permit No. 2001-19, and Tentative Tract Map No. 16293, subject to the
conditions of approval, as amended.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2001-19 -WITH CONDITIONS.
RESOLUTION NO. 5512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 16293 - WITH CONDITIONS.
Item No. 2:. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2001-21, A REQUEST TO UPGRADE THE EXISTING OFFSALE BEER AND WlNF
LICENSE TO AN OFFSALE GENERAL ALCOHOL LICENSE FOR THE MS MARKET
LOCATED AT 4461 CERRITOS AVENUE IN THE CN COMMERCIAl
NEIGHBORHOOD ZONE.
The Associate Planner provided background information on this item.
CITY COUNCIL MINUTES
101
DECEMBER 10, 2001
The applicant, Mizanur Rahman, Cypress, stated he has another business in Buena
Park and feels the sale of alcohol at this location will help increase his overall sales
figures.
The public hearing was opened.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
Mayor Sondhi asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Council Member McGill and seconded by Mayor Pro Tern McCoy, to
adopt the Resolution approving Conditional Use Permit No. 2001-21 - with conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Keenan, McGill, Piercy, McCoy and Sondhi
None
None
RESOLUTION NO. 5513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2001-21 -
WITH CONDITIONS.
CONSENT CALENDAR:
Afl matters listed on the Agenda under "Consent CalendaF' 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.
It was moved by Council Member McGill and seconded by Council Member Piercy, to
approve Consent Calendar Items No. 3 through 5.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 26, 2001.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 26, 2001, as submitted.
Item No. 4.~ MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 5: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
51323 THROUGH 51766.
Recommendation: Approve the attached warrant register,
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES
DECEMBER 10, 2001
ORDINANCES: (SECOND READING)
Item No. 6: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2001-
06, A CITY INITIATED TEXT AMENDMENT TO THE CYPRESS ZONING
ORDINANCE, AMENDING SECTION 29, APPENDIX "A" OF THE CYPRESS ZONING
ORDINANCE (SIGNS), AMENDING SECTION 29.17.D (SPECIAL PURPOSE ZONES).
It was moved by Council Member Piercy and seconded by Council Member McGill, to
adopt the Ordinance Amending Section 29, Appendix "A" of the Cypress Zoning
Ordinance (Signs), Amending Section 29.17.D Regarding Signs in Special Purpose
Zones.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNClLMEMBERS:
Keenan, McGill, Piercy, McCoy and Sondhi
None
None
ORDINANCE NO. 1019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 29, APPENDIX "A" OF THE CYPRESS
ZONING ORDINANCE (SIGNS), AMENDING SECTION 29.1 ?.D REGARDING
SIGNS IN SPECIAL PURPOSE ZONES.
UNFINISHED BUSINESS
No items.
NEW BUSINESS
Item No. 7: APPOINTMENTS OF CITY COUNCIL MEMBER TO VARIOUS
ORGANIZATIONS AND COMMITTEES.
The following appointments were discussed by the City Council:
Orange County Sanitation District
Anna Piemy- Representative
Tim Keenan - Alternate
League of California Cities
Orange County Division
Lydia Sondhi - Representative
Frank McCoy - Alternate
Santa Aha River Flood
Protection Agency
Mike McGill- Representative
Frank McCoy - Alternate
Southern California
Association of Governments
Tim Keenan - Representative
Lydia Sondhi - Alternate
City/Cypress School District
Joint Steering Committee
Anna Piercy
Mike McGill
Growth Management Area No. 2
(Measure M)
Anna Piercy- Representative
Mike McGill - Alternate
Orange County Fire Authority
Frank McCoy- Representative
Mike McGill - Alternate
League of California Cities
Legislative Delegate Program
Lydia Sondhi - Representative
Frank McCoy - Alternate
Orange County Library Advisory Board
Anna Piercy- Representative
Frank McCoy - Alternate
CITY COUNCIL MINUTES
DECEMBER 10, 2001
103
Joint Communications Center
Executive Board
Tim Keenan - Representative
Frank McCoy - Alternate
Orange County Council of
Governments
Tim Keenan - Representative
Lydia Sondhi - Alternate
Tim Keenan - Elected at large
representative to the OCCOG
Board
SCAG Transportation/Communications
Committee
Tim Keenan
(appointed by OCCOG Board)
Orange County Regional Airport
Authority
Lydia Sondhi - Representative
Mike McGill - Alternate
West Orange County Cities Association
Lydia Sondhi- Representative
Tim Keenan - Alternate
OCTA West Cities Rail Study Policy
Committee
Mike McGill- Representative
Tim Keenan - Alternate
Orange County Housing & Community
Development Committee
Lydia Sondhi
Orange County Transportation Authority
Tim Keenan - Director
(term expires 1/03)
State League Housing Community &
Economic Development Policy Committee
Lydia Sondhi
(appointed by League)
It was moved by Council Member McGill and seconded by Mayor Pro Tem McCoy, that
the City Council confirm the Mayor's appointments to the various organizations and
committees.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Goveming Board of Directors.
Noitems.
The City Council meeting was recessed at 9:03 p.m.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
The Redevelopment Agency was called to order at 9:03 p.m.
PRESENT:
Agency Board Members Keenan, McCoy, Piercy, Agency Vice
Chairperson Sondhi, Chairperson McGill
ABSENT: None
CITY COUNCIL MtNUTES
DECEMBER 10, 2001
104
New Business:
Item No. 8: ELECTION OF AGENCY CHAIR AND VICE CHAIR.
Agency Board Member McGill nominated the Mayor and Mayor Pro Tem to serve as
Agency Chair and Vice Chair. It was moved by Agency Board Member McGill and
seconded by Agency Board Member Keenan, to close the nominations.
Agency Vice Chair Sondhi and Agency Board Member McCoy were unanimously
elected Agency Chair and Agency Vice Chair, respectively, by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: Keenan, McGill, Piercy, McCoy, and Sondhi
0 AGENCY MEMBERS: None
0 AGENCY MEMBERS: None
The Redevelopment Agency meeting was adjourned at 9:05 p.m.
The City Council meeting reconvened at 9:05 p.m.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to attend the
Holiday Collage Concert with the Cypress Pops Orchestra at Grace Church on
December 15, 2001, at 8:00 p.m. and December 16, 2001, at 3:00 p.m.
Ana Maria Munoz, Cypress, spoke regarding Agenda Item No. 1 and concerns about
parking.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Sondhi requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Attended the swearing in ceremony for Captain Hicks. Attended the Chamber of
Commerce Extravaganza. Attended a meeting with Supervisor Jim Silva to discuss El
Toro, John Wayne Airport, urban runoff, an update on the 22 Freeway, and the state
budget. Attended the open house for the new Warland development. Attended a Home
for the Holidays event for Acacia Adult Day Care at the Nixon Library.
Council Member Piercy:
Attended an Orange County Sanitation District meeting. Attended the National League
of Cities conference in Atlanta, Georgia.
Mayor Pro Tem McCoy:
Has received an update regarding the Orange County Professional Firefighters
Association lawsuits pending against the Orange County Fire Authority; one case,
regarding volunteer firefighters, has been ruled in favor of the OCFA. The other case
pending deals with the working conditions and the utilization of volunteer firefighters,
Council Member Keenan:
Attended an Orange County Transportation Authority committee meeting where it was
voted to accelerate the final year of a contract for an outside consultant on a public
outreach campaign to improve awareness of the bus system in Orange County.
Attended a legislative breakfast for the Manufactured Housing Education Trust where
he won the top prize of $750.00. The money will be donated to the CCSCC ($500.00)
for their child advocacy program and the Women's Club of Cypress ($250.00) for their
9
105
CiTY COUNCIL MINUTES DECEMBER 10, 2001
veterans program. Attended the open house for the Warland development. Attended an
Orange County Transportation Authority board meeting where it was voted to begin
negotiations to purchase the 91 Toll Road or buy out the non-compete clause and a
Public Member, Alternate was selected.
Mayor Sondhi:
Stated "A Christmas Carol" is currently being performed at the Cypress Community
Theater. Attended the swearing in for Captain Hicks. Attended the Manufactured
Housing Education Trust breakfast. She stated the Holiday Sing will be held on
December 13, 2001, at 6:00 p.m. Stated the Police Department is willing to do vacation
house checks during the holiday season
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:32 p.m. to Monday,
December 17, 2001, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR ~,._~TH E CITY OF CYPRESS
ATTEST:
~ry CLERK OF TR~3iTY OI~YPRESS
10