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Minutes 89-12-21 ~,~i 2~5 r MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 21, 1989 An adjourned regular meeting of the Cypress City Council was called to order at 2:20 p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress by Mayor Cecilia Age. PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, and Eynon. The Mayor asked the City Attorney to present his comments concerning the status of any agreements or discussion between himself and the attorney and/or owners of the Los Alamitos Race Track. Councilmember Kanel remarked, prior to the City Attorney"s comments, that the workshop being conducted today was for the purpose of clarifying various elements concerning the golf course and race track property to prevent any confusion in the processing of the final plans. He continued that he realizes the owners are anxious to go ahead with the project and have requested a fast-tracking procedure. Mayor Age commented that another reason is to stress how important it is that the owners work closely and cooperatively with City staff, as well as with both side"s attorneys to insure that the end result will be one that will be satisfactory to all parties; and through the City Manager, council be kept advised as to its status. No further comments being offered at this time, the Mayor again asked for the City Attorney's comments. Jerry Patterson proceeded to go over the request of the property owners to expedite the timelines for approval of the specific plan by council on March 26, 1990; then calling for an election for the general plan amendment and zone change, in accordance with the legal requirements of 88 days beyond that on June 26, 1990. He continued by saying this was the information previously given to the council and Mr. Bardis and Mr. Arnold; however, there may be a possibility of expediting the procedure even faster as follows: (1) Council r,ould call the election during the preparation period and save sixty to ninety days; however, several risks may exist in using a fast track procedure, and the City needs to be protected with an indemnification agreement of some type. Options are: (1) The election calling for a vote on the general plan amendment and zone change, but not on the specific plan. Council would continue to look at the specific plan while calling for an election at its meeting of January 8, 1990 for sometime in April, if the owners would indemnify the City against problems which may occur. The election could be scheduled between April 15 - 17, 1990. Measure D requires a vote of the people and council supports this measure, which requires a vote on the general plan amendment and zone changes; however, council can review and approve the specific plan in late March. One is contingent upon the other far completion. If the election disapproved the general plan amendment and zone change, the project would be disapproved. Councilmember Kanel asked far clarification on the project"s status if the election is not passed as to whether the project could still move forward. Mr. Patterson responded that it would be decided by the court. There would be thirty days after certification in which a lawsuit could be brought, and the court would have forty-five days to set a hearing. Because of the dual tracking, the property owner should be asked to indemnify the City in case one action disallows the other. The Mayor stated she felt the specific timeline could be worked out with Mr. Wood and questioned whether the calling of the election could be delayed until the second meeting in January to provide council additional time for review. She also asked if there could be a provision legally placed in the agreement to allow council the capability to stop the election? The City Attorney suggested that council could approve a zone change or include within a zone change two actions (a) zone the golf course property as a zone specifically planned to be a golf course; and (b) have a second zone change to place a planned business park use requiring a specific plan approved by council. 1. 2~6 City Council Minutes December 21, 1989 Councilmember Kerry asked why both the general plan and zone change could not be done at the same time and that a specific plan be required to be approved by the City Council? The City Attorney responded that this was one option. Question was asked by Councilmember Kerry concerning whether the EIR is not resolved before the election and the people approve the general plan and zone change, if council would still have the ability to resolve the problems on the portion of land that is rezoned? The Planning Director answered that depending on the zoning of the 75 acres designated, there will be some entitlements. The developers would have the ability to go ahead with development for certain uses. Jerry Patterson commented that a basic zone provides for some basic use or public service kinds of uses, and that a specific plan for greater development would still require council approval with zoning restrictions. The Planning Director further stated that some development might be able to occur if general plan amendment and zone change is approved without a specific plan. Mayor Age then requested the City Manager to comment on the discussion. Mr. Essex stated he felt the specific plan should be available prior to the election so the voters are aware of what is being approved. Councilmember Bowman questioned whether there is a legal way to tie in the timetable on the golf course development also cancellation of the lawsuit. Mayor Age asked for discussion of what can be done to refurbish the golf course at this time. The City Attorney answered that he had not pursued this matter, but in response to Councilmember Bowman's question, he stated if the applicant is agreeable, they would be contractually bound and the specific plan could be placed on the ballot along with a timeframe for development of the golf course. Councilmember Kerry asked what could occur if fast tracking is done could there be a mini-development agreement prepared to coincide with the golf course development? Mr. Patterson advised this would be dependent on what goes into the development agreement. Mayor Age asked for comments from the developers. Mr. Wood of McCutchen, Doyle, Brown and Enersen, thanked the council for scheduling this workshop and assured that the intent of the buyers is to move along and that they are aware of the risk that may occur if full information is not provided. They are requesting the two-track process so that the specific plan process can begin, and that the public could be informed through the public hearing process. He stated he felt the ballot should be kept as simple as possible with council retaining control of the actual publication. The ballot measure should contain the general plan amendment and zone change matter, with the actual reassignment of the zoning for the golf course and race track to be a PE zone, and the remainder of the property a business park zone with a specific plan process required. The actual work on the race track and golf course could be handled through a development agreement which might also address winding up the litigation problem. He continued that they welcome the ability to meet so that solutions to all problems can be dealt with and request that council set an election date as quickly as possible. He asked that a sample resolution be considered at the council meeting of January 8, 1990 to reassign a PE zone to the yolf course and race track area and to establish a business park land use for the remainder of the property. He understood, from the timeline mentioned by the City Attorney, that a decision on the specific plan would be made in late March providing a three- week period prior to the election to ensure that. information is ready for the voters, and that the developers would be responsible in getting the information to the voters. A question was posed by Councilmember Kanel to Mr. Wood whether the lawsuit was transferred over to the new owners? Mr. Wood asked Mr. Sardis to respond to this questian. Mr. Sardis advised that they entered into an agreement with Hollywood Park and as such feel they have the ability to control the litigation. He added that if council is prepared to set the election date, he would request that oral arguments be delayed. He stated they wouldn"t have bought the land if it were zoned for public services only; and if the voters reject the plan, they would have nothing if the litigation was gone so they cannot guarantee that it would be stopped if the election is lost. He also mentioned that they would like to see it go away through the normal process, and see the property rezoned and put on the ballot as soon as possible; and, if the election is scheduled, they would be prepared to delay arguments. 2 l 26'7 City Council Minutes December 21, 1989 The Mayor inquired what the benefit would be in delaying the appeal? The City Attorney knew of none. Mr. Bardis indicated if the appeal was lost, the zone would remain as it was a few years ago, and by allowing the matter to be presented to the voters to approve the general plan amendment with the council approving the specific plan, the purpose of Measure D is allowed. Councilmember Kerry commented that if an agreement could be worked out prior to the election, she would be more than willing to set the date with the . actual public hearing set after the election, and this should be inserted in the agreement. Mr. Bardis indicated his agreement with this concept. To a question from Councilmember Kerry as to whether the appeal could be delayed, the City Attorney answered the court has discretion to decide this and if all parties are in agreement to allow the people to vote prior to the hearing, it would probably be approved. Councilmember Kanel questioned whether Hollywood Park would reserve the right to receive the difference between the selling price and amount filed in court for damages? Mr. Bardis responded to the best of his knowledge he did not think so. Jerry Patterson offered the suggestion that the City may want to have Hollywood Park a party of the agreement concerning termination of the litigation. Further discussion regarding the lawsuit and Hollywood Park"s role in it was held, after which agreement indicated by Mr. Sardis that the property owners are willing to represent the City"s rights in this regard, and use the agreement for the benefit of both the City and themselves. To an inquiry from Councilmember Arnold, Mr. Bardis responded that, assuming his partners have no objection, he felt they would be willing to drop the lawsuit prior to the specific plan being approved, if the general plan amendment and zone change are approved by the voters. The City Manager agreed that this is reasonable because there are entitlements in the zone change allowing uses with no action required of the council. Chris Eynon commented that the original plan discussed was for a community zone which is like an empty zone; and, because of this, the other zone would be a planned business part zone which has entitlements permitting a use approved by the voters. She added that if the timeline works, council could approve the specific plan prior to the election. Some discussion ensued concerning protection of the City with the City Attorney mentioning-two items: (1) A PC25A (empty) zone with no development rights could be established; and, (2) a planned business park zone could be established giving some development rights for public services such as churches, schools, public utilities, etc.; and any other use approved by council under a specific plan. He suggested that if a golf course is desired, this be zoned PC25A. The 75 acres could be either PC25A or PBP to allow uses for public services or uses approved under a specific plan. The developers will need to ask for zoning under a specific plan request to the council prior to the election. Brief discussion was held concerning the time to be saved, delays to be encountered, procedures needed to go ahead, and possible risks. Mr. Sardis advised they are interested in going to the voters feeling the voters will be willing to accept the plan as presented, and that the PC25 empty zone is not acceptable. Mr. Wood indicated the only zoning considered was PC25A and that the other plan was not discussed. Other items brought up were the time needed for council to review the agreement such as detail on maximum size of buildings, density, setbacks, timeline on golf course development. Mr. Wood inquired as to how much time council would need before setting the election, whether it could be set in January and then cancelled if an agreement is not completed within a certain period of time. Councilmember Kanel stated he agreed with the possibility of setting the election date for purposes of accelerating the project. The City Attorney suggested placing information on the ballot so that nothing is missed, and this is one reason for separating the issues. He again mentioned an indemnification clause dealing with a timeline for the golf course development and disposal of the litigation. He added that the general plan amendment and zone change would be placed on the ballot and the CEQA matters submitted to council for consideration and approval. 3 ty Council Minutes December 21, 1989 Councilmember Arnold felt only one more month would be needed to get all matters agreed upon prior to the election. Councilmember Kerry argued it would be more like two to two and one-half months difference. The City Manager suggested having the agreement ready for the second meeting in January and setting the election for approximately May 15, 1990, as council may need time to review it prior to making a decision, and have the public hearing for the specific plan and EIR review on March 26, 1990. After further discussion, the City Attorney explained that the state-wide election set for June 4th has certain advantages and disadvantages. It would be less costly to the City to have it included with the state-wide election; however, the City would lose a certain amount of control once the matter is turned over to the county. Comments were made concerning a special election versus inclusion with the primary election. Questions were posed regarding site plan development and in response to a question as to what a "specific plan" is, the Planning Director advised it a plan which would include information regarding density, uses, circulation system, plans for sewers, electrical, landscaping, etc., plus exhibits including site plans with property designated as professional office in one area or business park in another area. It needs development plans, land use plans, approval of building development plans, size of buildings, number of parking spaces, etc. As a part of the specific plan, the land use would have to be adopted. Mr. Bardis advised that consultants were used to develop the specific plan which takes approximately two weeks for the EIR. The Planning Directar also advised that the specific plan is being reviewed with changes to be made so the City controls this, and the draft EIR should be available around February 12, 1990. Mayor Age mentioned that this project has gathered much interest and both the property owners and the citizenry are extremely happy to be getting the golf course back again. She continued that different plans have been submitted and the council wants to expedite development, but also want to make sure the City is protected so that everyone can be happy. She added she feels the people are looking forward to have the development begun. Mr. Jack Swank addressed the council advising that he is aware the devetapers have spent a lot of money already and have proposed to construct a very good sprinkler system and clubhouse. He also stated he favors an election date set as the owners are willing to gamt~le and spend money contingent upon the matter being placed on the ballot. He added he felt the developer is doing a good job and that the issue should be expedited. Councilmember Bowman welcomed Mr. Swank"s concern; however, council wants to make sure that if something is approved, it will work out. Mr. Swank mentioned he felt that an agreement should be able to be worked nut between the attorneys. Councilmember Kanel asked if the Council votes to set an election date, will Mr. Bardis be letting contracts to begin the work? Mr. Bardis responded that they do want to move ahead and are prepared to abtain an architect, move the existing club house and begin construction of the driving range immediately. Mayor Age asked Mr. Bardis whether the developer would pay the difference between the cost of a special election and adding it to the primary election? Mr. Bardis responded affirmatively to this question. Councilmember Arnold stated that the City"s intent is to listen to all persans, other residents and take into consideration the entire piece of property. Councilmember Kanei asked Mr. Essex what could logically be done through the Planning Department, City Attorney and City Manager"s office in expediting this issue by thirty days? The City Manager responded that (1) he did not feel the specific plan approval could be expedited for public hearing prior to March 26th; and, (2) a minimum of 88 days and not more than 120 days are needed to set a date for an election. 4 269 City Council Minutes December 21,1989 The City Attorney reviewed the procedure as follows: certify the EIR, approve the general plan amendment and zone change for the ballot, approve the specific plan and development agreement. Discussion was held concerning information to be placed on the ballot for the official clerk"s ballot measure The Mayor explained she would be interested in assisting the developers, but want to also avoid doing anything to upset the citizenry. Mr. Bardis asserted he was willing to request council to set the election date with the attorneys going ahead with an agreement, and promises to work closely with the staff and developers. He stated he was confident the council would do whatever was necessary to the extent the law allows to set an early election date. The City Attorney commented that the developers have the authority to build up to a height of 35 feet with setbacks of 25 feet allowing for open space requirements on the Planned Business Park zone, and that the other zone to be placed on the ballot will need to be submitted to council for approval. In response to the Mayor"s solicitation for any further comments, Mr. Lloyd Arnold spoke. He stated the owners wanted to put the item of Hollywood Park behind them and go ahead building the golf course and club house in a first class manner, and rebuild the turf club and race track. He reaffirmed the owners" desires to get started working 24 hours a day to get it done. He felt the election date should be set even if there would be a chance it would have to be cancelled. He continued the owners fEel they have acted in good faith, and it is felt public opinion seems to be fc}r the project to be completed and they would like to have something set, some sort of a deadline so that work can begin. Councilmember Kanel mentioned he felt a June election would provide a better turnout of the voters, but he would have no objection approving an April election; however, would want the agreement drawn up at a January meeting in case challenges were made regarding the early election. He continued he would want all of these concerns placed in the agreement. Mr. Bardis indicated willingness to pay the extra cost for cancelling an election if that were required. Councilmember Kerry brought up a problem which may arise if the election were set near the Easter holiday and a large part of the citizenry may be away. After brief review of the Easter holiday date, it was determined that Tuesday, April 24, 1990 would be an acceptable date. She continued that council could approve the agreement at its January 22nd meeting which would allow enough time to schedule the election on the 24th of April, and also allow additional time for the City Attorney to work up the agreement. Mayor Age commented she wanted it known she would not hesitate to vote to stop the election if it is apparent that items are not being presented to council in a timely fashion. Councilmember Arnold asked for clarification concerning the developer"s statement about paying for the costs of cancelling an election if that came about. The City Attorney again mentioned an indemnification agreement in this event and if litigation is brought as a result of expediting the process. Both Mr. Bardis and Mr. Arnold indicated agreement to this being done. Mr. Patterson advised that the developers have indicated they would use their best efforts to drop the litigation with prejudice assuming council sets the election date. Mayor Age requested that a vote be taken and instructions provided to have an agreement put together. She also asked that Mr. Greenberg work with the City Attorney, from a legal standpoint, on the lawsuit. She added council should have this agreement at tl~e first meeting in January so that changes and/or additions can be ready far the second meeting in January, and possible setting of the election date on April 24, 1990. The Mayor asked for comments concerning her statements. Bob Beardsley mentioned a grading plan is required and a grading architect to go through a plan check for drainage problems, etc., and the draft study is anticipated to be done on January 8, 1990; but an additional week would be needed for review. 5 M r OCity Council Minutes December 21 1989 Councilmember Bowman asked whether a conditional use permit could be applied for at this time. Planning Director Eynon advised that additional discussions need to be held to work out the dedication on Denni Street, drainage items, and that there are many things that can be done on the golf course now such as trimming of trees, repair of sprinklers, beginning plans for landscaping; but the CUP process may not be able to be started yet. The City Attorney felt that a CUP may not be necessary if there is a specific plan. The Mayor requested that the City Attorney work with the Planning . Director on the requirements concerning a CUP. It was moved by Councilmember Kanel and seconded by Councilmember Kerry that staff be instructed to coordinate discussions with the developers and owners of the property relative to items reviewed at this meeting to form an agreement to be submitted to council at its meeting of January 8, 1990 for review and for possible setting of an election date in April, 1990, with the addition of all necessary items in the agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 Councilmembers: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 Councilmembers: None ABSENT: 0 Councilmembers: None RECESS: Mayor Age called for a recess at 4:40 p.m. and reconvened the meeting at 4:50 p.m., with all councilmembers present. Mayor Age clarified the last item on the agenda as one of new business and not a public hearing; and, further, that the public hearing on the item would be field on January 8, 1990. The City Manager requested that the City Attorney explain the issue dealing with three (3) urgency ordinances involving various building codes and certain amendments. Mr. Patterson explained that roughly every three (3) years, industry and building officials adopt uniform building, housing, mechanical, plumbing and fire code standards. He continued that these standards are circulated among cities who have the option of changing or modifying the provisions of the State law concerning these uniform code standards prior to January 1, 1990; but cannot make any further changes and/or modifications until the next periodic review. He added that these ordinances were presented to council at its first meeting in December and based on their first reading, set -for public hearing on January 8, 1990. The City Attorney recommended that council adopt these three (3) ordinances by urgency, plus four (4) resolutions by title only to go into effect January 1, 1990. He added this would provide council the option of making changes and/or modifications other than what the State law provides. Councilmember Arnold inquired whether any current permit application would be negatively affected by this action? The Public Works Director and Ci+.y Manager both responded that current applications would fall under the code in effect when submitted. Councilmember Kanel asked when the 1988 editions were adopted by the industry. In response, Tony Elmo, Building Official, stated that the State gives local jurisdictions six months, roughly until June, 1989, to receive input and hold discussion with Orange County Fire department personnel to propose changes and/or• modifications. He added that the City Attorney then received the information for his review completed by the middle of November. Mr. Essex advised that these changes are now subject to the public hearing on January 8, • 1990 for possible additional changes. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to order the following ordinances, read by titles only, titles as follows and to adapt the urgency ordinances of various building codes and certain amendments thereto: 6 /.,.a f . 2'71 City Council Minutes December 21, 1989 ORDINANCE NO. 834 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM BUILDING CODE, THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1988 EDITION OF THE UNIFORM HOUSING CODE, THE 1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1988 EDITION OF THE ADMINISTRATIVE CODE ANDr`~~' 1988 EDITION OF THE UNIFORM BUILDING CODE STANDARDS AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. 835 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF THE UNIFORM SWIMMING POOL CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS AND DECLARING THE URGENCY THEREOF. ORDINANCE N0. 836 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 5-3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1988 EDITION OF THE UNIFORM FIRE CODE AND THE 1988 EDITION OF THE UNIFORM FIRE CODE STANDARDS AND DECLARING THE URGENCY THEREOF. The motion unanimously carried by the following roll call vote: AYES: 5 Councilmembers: Arnold, Bowman, Kanel, Kerry and Age. NOES: 0 Councilmembers: None ABSENT: 0 Councilmembers: None The City Attorney advised that a motiion was necessary to read the four (4) resolutions by title only setting forth local conditions upon which determinations have been made that modifications to certain codes are reasonable required and setting forth certain fees. It was moved by Councilmember Arnold and seconded by Councilrnember Kanel, to read the four (4) resalutions as outlined above by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 Councilmembers: Arnold, Bowman, Kanel, Kerry and Age. NOES: 0 Councilmembers: None ABSENT: 0 Councilmembers: None The Public Works Director read the four (4) resolutions by title only, after which it was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the following resolutions b,y title only, titles as follows: RESOLUTION N0. 3660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING RESOLUTION N0. 2903 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE Blf THE CITY COUNCIL THAT MODIFICATIONS TO CERTAIN OF THE FOLLOWING COOE'S ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1988 EDITION OF THE UNIFORM BUILDING CODE AND THE 1988 Ef1ITI0N OF THE UNIFORM MECHANICAL CODE. RESOLUTION NO. 3661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPERSEDING RESOLUTION N0. 2904 AND SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CERTAIN OF THE FOLLOWING CODcS ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF CYPRESS: THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, THE 1.988 EfJITION OF THE UNIFORM SWIMMING POOL CODE AND THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AN!D INSTALLATION STANDARDS. 7 F 2'~ da ~ity Council Minutes December 21, 1989 RESOLUTION N0. 3662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS f~ELATING TO THE ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITIONS OF THE UNIFORM BUILDING CODE .NATIONAL ELECTRICAL CODE ANG UNIFORM PLUMBING CODE. RESOLUTION N0. 3663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A FEE SCHEDULE FOR SIGN PERMITS. THE MOTION WAS UNANIMOUSLY CARRIED BY THE FOLLOWING ROLL CALL VOTE; AYES: 5 Councilmembers: Arnold, Bowman, Kanel, Kerry and Age. NOES: 0 Councilmembers: None ABSENT: 0 Councilmembers: None ADJOURNMENT: Mayor Age adjourned the meeting at 5:10 p.m. MAY 0 THE CITY OF CYP ESS ATTEST: CITY CLERK 0 TH C TY OF CYPRESS 8