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Minutes 90-04-17 ~I- 373 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 17, 1990 An Adjourned Regular Meeting of the Cypress City Council was called to order at 5:06 p.m., Tuesday, April 17, 1990, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia Age presiding. 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. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kanel. ORAL COMMUNICATIONS: No one wished to speak CONTINUATION OF CONSIDERATION OF CERTIFICATION OF CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN - FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT: The City Manager stated that the public hearing and the comments on the EIR have been held and the Council has had the opportunity to question whatever environmental issues they feel remain. The Environmental Impact Report approval is the final step taken before the Specific Plan and Development Agreement are considered; however; the project itself is not approved by the Council decision on the EIR. Mayor Age asked the Planning Director to present the staff report dated April 4, 1990, which indicated that the final subsequent environmental impact report has been prepared for the Cypress Business and Professional Center and all comments received during the public review period have been reviewed by the City and responses have been prepared. Additionally, a public hearing was held on the EIR and if the EIR is certified, staff will return within 60 days to Council for a mitigation monitoring agreement, which has also been entered into with the project applicant. Responding to Councilmember Kerry on the opening of Denni Street, the City Manager explained that the overriding considerations will be the Specific Plan and Development Agreement in terms of the actual opening of Denni Street. Mr. Joe Monaca, Robert Bein William Frost & Associates, 14725 Alton Parkway, Irvine, volunteered to answer any questions from Councilmembers. Responding to Councilmember Kanel, Mr. Monaca replied that the comments submitted by the City of Los Alamitos were adequately addressed by RBF and he referred to portions of the EIR where the information is contained. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, certifying the Cypress Business and Professional Center Final Subsequent Environmental Impact Report, Exhibit 6, including Conditions of Approval as set forth in Exhibit A, and including the mitigation measures, except as modified by items 33 to 41 requested by the Developer in Exhibit E; adopt the Statement of Facts and Findings, and the Statement of Overriding Considerations, subject to the Conditions of Approval in Exhibit A. RESOLUTION N0. 3730 A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE CYPRESS BUSINESS AND PROFESSIONAL CENTER AND MAKING CERTAIN FINDINGS. 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 1 X74 . City Council Minutes April 17, 1990 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN N0. 89-1 AND DEVELOPMENT AGREEMENT N0. 90-1 FOR PROPERTY SURROUNDING THE LOS ALAMITOS RACE TRACK: Mayor Age opened the public hearing. The City Manager requested the Planning Director to present the staff report dated April 3, 1990, which represented a request for approval of the Cypress Business and Professional Center Development Agreement No. 90-1 located on a 298.2 acre site surrounding the Los Alamitos Race Track. She described the various planning areas and the proposed zoning of the property. Mayor Age clarified that the issue on April 24 will be the rezoning of the 75 acres of the Business Park and not on the Specific Plan, which is at the Council's discretion. The Public Works Director reported that Denni Street is provided for in the Specific Plan but is deferred as long as there is a golf course usage on the site and as indicated, the Development Agreement, if approved, would strengthen the condition further. Provisions were also made in the Specific Plan for a conceptual alignment of Moody Street should the race track no longer exist and the storm drain system has been modified in the Specific Plan and the EIR. The City Attorney advised that a Development Agreement was not required, it is usually requested by the developer in order to provide them with certain vested rights when they are planning a long-range project He then explained the process and outlined the changes made to the document presented on April 16 and after the pertinent points were covered, the agreement was subject to a public hearing. Councilmember Kerry expressed concern about the staff report which addressed Denni Street and she felt that alternatives had not been considered. She stated that the report implied that if Denni Street were not developed, that the City would lose revenue. Councilmember Bowman stated that there are mitigating circumstances available and one is the net environmental benefit deficiency plan. Public Works Director Beardsley stated that, in his professional opinion, the connection is needed on Denni Street; however, the Council has elected to defer the connection of Denni Street to Katella Avenue, which does not affect the arterial highway financing program. Mayor Age asked if anyone wished to speak in opposition to the project and no one did so. Mayor Age asked if anyone wished to speak in support of the project. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated she was not speaking against the project, but had some questions that she wished clarified as to the opening of Denni Street, who would determine if the golf course is economically feasible and when will the golf course be ready. The City Attorney stated that the economic feasibility of the golf course would be determined by the developer and/or the owner. Mr. Steve Jacobs, 9455 Fernbury, Cypress, asked if the vote fails, would the golf course be opened. Mr. Lloyd Arnold, Los Alamitos Race Course, responded to concerns expressed by some of the citizens and suggested that the Development Agreement be changed to reflect a 10 year guarantee that the golf course remain open. Mr. Arnold stated that they have no intention of closing the golf course. Councilmember Arnold asked if the issue did not pass, would Mr. Arnold still develop the golf course and then provide Plan B and Mr. Arnold replied in the affirmative. Mr. Arnold stated that within 90 days the engineering will be completed on the golf course clubhouse and as soon as that is done, building will start and probably completed in less than a year. Councilmember Kerry asked if Mr. Arnold would agree to placing a time frame in the Development Agreement to have the clubhouse completed within two years. Mr. Arnold agreed that that was a reasonable period of time. Responding to Councilmember Arnold, Mr. Arnold stated that the S2 million would be used to build a new paddock and refurbish the starting line building. In the future, they will either remodel the existing facility or tear it down and rebuild. 2 L1' City Council Minutes April 17, 1990 Councilmember Kanel mentioned that the present developer of the property started spending money immediately in order to upgrade and improve the race course. He also mentioned that he sees no problem in the Development Agreement which reflects that several millions of dollars would be spent to upgrade the race course. Councilmember Kerry advised that the present developers have taken it upon themselves to improve the race course, which is what is necessary, and they have demonstrated good faith. Mayor Age stated that the litigation will be dropped if the issue passes and that is very important. Responding to Councilmember Arnold, Mr. Arnold advised that they have been approached by three major hotel franchisees and two of those stated they would have a bid in as soon as election results are known. Mr. Arnold agreed to sign the Development Agreement with those modifications suggested by the Council this evening. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to close the pubic hearing and adopt the Resolution by title only, title as follows, approving the Cypress Business and Professional Center Specific Plan No. 89-1, Exhibit D; including the Conditions of Approval in Exhibit C, except as modified by the Developer in Exhibit E and subject to voter approval of General Plan Amendment No. 89-2 and Zone Change No. 89-7, at a Special Municipal Election on April 24, 1990. RESOLUTION N0. 3731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SPECIFIC PLAN N0. 89-1 - CYPRESS BUSINESS AND PROFESSIONAL CENTER. 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 asked if the Developer would be amenable to executing the Development Agreement, as modified this evening, or to state if they need time to review it as the Agreement does require the approval of both the Council and the developer. Mr. Arnold stated that he would sign the Agreement with the modifications made today. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to approve the first reading of the Ordinance, by title only, title as follows, adopting Development Agreement No. 90-1, as amended, including Conditions of Approval as stated in Exhibit C. Councilmember Bowman stated that the Council, staff members and property owners all worked diligently to tie the loose ends and he believed this was an issue the voters could feel comfortable with and knew exactly what they were voting on. Councilmember Kanel congratulated the City staff, property owners, attorneys and everyone that had input. In the many years that he has served the citizens of Cypress, he has never seen anything so contentious that has affected the community as this issue. What is presented on the ballot is a workable solution, in the best interests of the community and he was pleased that we have arrived at this conclusion and he will support this item. Councilmember Arnold expressed her delight that the project is coming to fruition; there has been excellent cooperation from the present owners and the final result will be very good for Cypress. Councilmember Kerry stated she was pleased that the issue was resolved and, as it stands today with the golf course, Denni Street is not going to open and the Council has done whatever possible to insure that. The other big issue, 3 h ~ ~ ~j r ~y Council Minutes April 17, 1990 costing the City tremendous amounts of money, is the litigation and to resolve that suit, this is the best that could be asked. She thanked the staff and everybody for all of the work that they have put into this and it is a tribute to the community that such quality owners have been attracted to this property. Mayor Age remarked that the effort put into this project by everyone involved has been tremendous, the final product and the agreement arrived at is excellent, everyone should feel proud and should be commended. ORDINANCE N0. „ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DEVELOPMENT AGREEMENT N0. 90-1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS DEVELOPMENT PARTNERSHIP. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Age recessed the meeting at 6:55 p.m. to enable the Council to enter into closed Session for matters of Personnel and litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Age adjourned the meeting at 7:30 p.m. MAY R OF THE CITY OF CYP SS ATTEST: CI~ L RK F HE C Y OF CYPRESS 4