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Minutes 90-10-15 ;G MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 15, 1990 An Adjourned Regular Meeting of the Cypress City Council was called to order at 6:03 p.m. Monday, October 15, 1990, in the Civic Center Parking Lot, 5275 Orange Avenue, Cypress, with all Councilmembers present, for the purpose of conducting a field trip to the Lincoln/Moody Apartments, 9090 Moody Street, Cypress. Also present were City Manager/City Clerk Darrell Essex and Public Works Director Robert Beardsley. The meeting reconvened at 7:12 p.m. in the City Council Chamber, 5275 Orange Avenue, Cypress. CLOSED SESSION: Mayor Age immediately called a recess to allow the Council to enter into a closed session. At 7:40 p.m., the meeting reconvened with Mayor Age presiding. PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Attorney Jerry Patterson, Public Works Director Robert Beardsley, Interim Planning Director Holly Hamlin and Finance Director Richard Storey. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold. FIELD TRIP: The City Manager stated that the Council met with representatives of the Tenants Association and the owners of the apartment complex. They toured various exterior and interior units at the complex and heard commentary from all parties regarding the upkeep on the complex. The City Attorney reported that discussions were held during closed session on a matter of pending litigation and briefed the Council on the status of that matter. PRESENTATION: Mayor Age presented a proclamation recognizing "Dental Hygiene Week" to Elena Gimbel who accepted the award on behalf of the Dental Hygienists organization. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. Mayor Age commented that there are nine public hearings set for the October 29, 1990 Council meeting and asked for input from Councilmembers on meeting dates and times. After discussion, it was determined that the regular meeting be held on Monday, October 29, 1990 and then adjourned to Tuesday, October 30 at 5:00 p.m. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR THE TEMPORARY PROFESSIONAL SERVICES OF A CODE ENFORCEMENT OFFICER: The City Manager presented the staff report dated October 9, 1990, which indicated that with the resignation of the Code Enforcement Officer, the Planning Department has retained the contract services of a temporary contract employee to provide an on-going code enforcement service, which is anticipated will be required for approximately 90 days while the format recruitment process is being conducted. It was moved by Councilmember Arnold and seconded by Councilmember Bowman to authorize the award of contract to Katherine Twork in an amount not to exceed 18,500.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanet, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 ~.r City Council Minutes October 15, 1990 CONSIDERATION OF AWARD OF CONTRACT(S) FOR VIDEO EQUIPMENT: The City Manager presented the staff report dated October 10, 1990, which indicated that eight bid packages were received and as noted in the bid specifications, the City has the option to accept the lowest responsible bid on each item separately. He further stated that several of the low-bid equipment did not meet the minimum specifications; therefore, it is staff"s recommendation to award the contract to four separate vendors. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to determine that the following bidders to be the lowest responsible bidder for each of the following items and award contracts to same in the amounts indicated: 1) one portable video cassette recorder (Sony VO-8800 VCR) in the amount of 52,975, Walt Davis Enterprises, 17905 Sky Park Circle, #D, Irvine, CA.; 2) one 3 Chip CCD color video camera (Sony DXCM7 Video Camera) in the amount of 510,662.19, Avidd Electronics Co., 3920 Gilman St., Long Beach, CA; 3) one fluid pan and tilt head with tripod (Vinton VIN 1000 Fluid Head with Tripod) in the amount of 53,271.44, Midwest Communications Group, 741 E. Ball Road, #100, Anaheim, CA; and 4) one wireless microphone system (Sony ECM55 microphone, Samson MR1 receiver and TX3 transmitter) in the amount of 3583.31, Video Tape Products, Inc., 10635 Van Owen St., Burbank, CA. 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 CONSIDERATION OF APPOINTMENT OF JESSE I. BLACK TO THE GENERAL PLAN AMENDMENT- UPDATE CITIZENS ADVISORY COMMITTEE: City Manager Essex referred to the staff report dated October 9, 1990, which indicated that longtime resident Mr. Jesse I. Black had expressed an interest in serving on the Citizens Advisory Committee early in the recruitment period. Unfortunately, during the recruitment process, Mr. Black"s application was inadvertently misplaced. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to appoint Mr. Jesse I. Black to the General Plan Update-Citizens Advisory Committee, DeLong Street Subcommittee. 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 COIJNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 90-23 AND AMENDMENT TO SPECIFIC PLAN N0. 89-1, CYPRESS GOLF CLUB - GOLF COURSE AND INTERIM CLUB HOUSE, KATELLA AVENUE, WEST OF WALKER STREET: Mayor Age declared the public hearing open. The City Manager requested the Interim Planning Director to present the staff report dated October 3, 1990, which represented a request to renovate a former golf course and construct an interim club house facility adjacent to the Los Alamitos Race Track. The application also included a request for a minor amendment to the Cypress Business and Professional Center Specific Plan No. 89-1 to allow Public/Semi-Public uses on Planning Area 6. Since the proposed project was adequately addressed in the Final Subsequent EIR, it has been determined that a Negative Declaration will be filed for this project and no further environmental documentation will be required. The applicant, Dye Equity, Inc., proposed to fully restore the former golf course known as the Los Alamitos Country Club Golf Course. She stated that all of the public notification has been completed. Notices were posted, published and mailed to all property owners within 300 feet of the subject parcel. To date, there have been several general interest inquiries by phone without any specific statements or comments for the record. The Public Works Director addressed the conditions by referencing amended Exhibit "A," Alternative 1, highlighting the following amendments: Condition 1, delete the third and the last sentence in the first paragraph. Add the following sentence at the end of the paragraph, "The applicant shall use his reasonable, good faith efforts to ~htain the remaining signatures on the map and to cause the map to be recorded." He stated the City can only require that the applicant sign for himself and not others. Delete paragraph 3. Condition No. 2, delete the last sentence. Condition No. 3, delete the first sentence, which addressed the legal access to Lexington Street. Condition 4, delete (c); add sentence to (g) as follows, "As an incentive for the applicant to relocate landmark trees an the site, instead of replacing them, those 2 (V City Council Minutes October 1~, 1990 landmark trees that do not survive transplanting will be replaced by trees with minimum box sizes of twenty-four inches (24")."; delete the words "...and on the east side of Lexington Drive, from Cerritos Avenue to Katella Avenue...." in 4(i). Condition 7, delete the last sentence. Condition 11, page 5, third paragraph, add to the end of the first sentence, "....(which definition includes hotel, golf course and club house sites and/or facilities)". Condition No. 12 clarified to read as follows, italicized words denoting changes, "The sewer plan for any necessary golf course structures shall be submitted for approval by the City Engineer, prior to the issuance of the final grading permit for the golf course. The sewer plan for the club house shall be submitted for approval by the City Engineer, prior to the issuance of the final grading permit for the club house site...." Condition 14, page 6, delete the paragraph regarding the Drainage Fee because this fee requirement does not apply to the five acres on the golf course. The applicant, Charlie Tourtellotte, President of Dye Equity, Inc., stated he had brought members of his staff to answer any questions on the proposed golf course and he then introduced Darrell Wilson, an engineer with Dye Designs, Inc. Mr. Tourtellotte provided the Council with some background information on his company which is designing, constructing and developing first-class golf courses around the world. He explained the plans for the proposed Golf Club and the primary focus will be on the hotel and the golf course. Responding to questions from Council, Mr. Wilson stated that they have expanded the total surface area of lakes on the proposed golf course. Water features are fairly common on Dye golf courses. Mr. Tourtellotte did not anticipate having a membership club and could not predict the cost of green fees. Mr. Wilson reported that the Grace Church group has requested to relocate the Vessels home to a site they will be acquiring on the property. Responding to Councilmember Kerry"s question about reduced green fees for Cypress residents, Mr. Tourtellotte answered he does not have that answer as they are studying the rate structure for the golf course. If it is feasible, they would like to do it and want to encourage local people to play the course. The City Attorney referenced Condition No. 23 and the issue that"s been raised is this is a temporary construction and; therefore, a traffic mitigation contribution fee might not be required. Since the fee would be paid for the permanent structure, it may be best that the condition be in place as previously drafted with a credit to be given for any replacement of temporary structure with a permanent structure. There should not be a fee collected twice for the same square footage. He read the part of Condition No. 23 that had been deleted and recommended that the following sentence be added, "This amount shall be credited to the applicant when fees are calculated far the permanent clubhouse." Councilmember Bowman suggested that a recess be called so the agreements can be compared. RECESS: Mayor Age called a recess at 8:40 p.m. and reconvened the meeting at 9:00 p.m. with all Councilmembers present. The City Attorney reported that the language in Condition No. 23 has been changed and the applicant has agreed to the following: "The applicant/developer shall pay to the City of Los Alamitos a Traffic Mitigation Contribution fee of one (1) dollar for each square foot of new building construction in accordance with paragraphs 7.b and 7.b(4) of the Cypress Business and Professional Center Traffic Mitigation Agreement." In the next paragraph, delete "Note" and the rest of the language remains as follows: "The mitigation fee payable to the City of Los Alamitos does not apply to new buildings on planning areas 1 and 7 of the golf course except if the first hotel for the specific Plan property is huilt there. In that event, the fee shall apply to it pursuant to paragraph 7.b(4J of the Cypress Business and Professional Center Traffic Mitigation Agreement. An offset or credit shall be given far every square foot of temporary new construction, which is subsequently replaced by permanent huilding construction." 3 /o _ ~ ~~r~~.J City Council Minutes October 15, 1990 t 7 He also read a change to Condition No. 1 as follows: "The developer shall conform to all applicable provisions of the City code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. Approval of Conditional Use Permit No. 90-23 shall be contingent on receipt by the City Engineer of properly prepared and executed Parcel Map No. 90-241." He stated that he has the Mitigation Monitoring Agreement which has been fully executed by all the parties. Mayor Age asked if anyone wished to speak in support of the project. Mr. Jack Swank, 9849 Via Sonoma, Cypress, stated that the existing driving range, clubhouse area and parking lot will become part of the existing golf course. He believed the Dye Company will be developing an outstanding course. The following persons also spoke in favor of the project: Ms. Joyce Nicholson, President of the Concerned Citizens, Cypress, Ms. Christine Swain, 5362 Crescent Avenue, Cypress, Mr. Tom McNamara, 5150 Laurel Avenue, Cypress and Mr. Jim Young, 5120 Laurel Avenue, Cypress. Mr. Lloyd Arnold, Los Alamitos Race Course, stated that the project before the Council tonight is one of the biggest projects the City has ever had in front of them. He felt honored that the Dye people picked Cypress to build the golf course and urged the Council to approve the conditional use permit. No one else wished to speak in support or in opposition to the application. The City Attorney advised that in the Resolution which will be before Council at the next meeting will indicate that any breach or any default of the agreement by one party to it does not constitute a breach by another party. The applicant, Mr. Tourtellotte, mentioned that the existing driving range will be incorporated into the new golf course and the golf course length will be about 6,850 yards long. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration according to the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 90-23 and Amendment to Specific Plan no. 89-1 subject to the conditions, as amended, included in Exhibit "A". Councilmember Kerry stated that she was very pleased with the outcome of this development and attributed the success of the race track to the present owners. Councilmember Kanel stated that it brings to a close the problem of open space that has affected many of the citizens of the community and that the tremendous renovation of the race track and the golf course will be an asset to the City of Cypress. Councilmember Arnold commented that it was very satisfying to see the way that Cypress has evolved into a complete, well-organized and well-planned city over the past 30 years. She congratulated all parties for their efforts. Councilmember Bowman stated that the entire community can be happy that people worked hard together to get everything worked out and believed the race course and golf club will be of great benefit to not only Cypress but the entire Orange County area. Mayor Age expressed her support of the project which is something that everyone can be very proud of and she looks forward to working with Dye and Mr. Arnold. 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 4 6 City Council Minutes October 15, 1990 ORAL COMMUNICATIONS: For Matters Not on the Agenda. .The City Manager advised that there is a conflict with a previously approved use of the Council Chamber and the adjourned Council meeting of Tuesday, October 30, 1990. He suggested the Council might want to recess to Wednesday night rather than the Tuesday night. After some discussion, it was suggested that the Council meeting begin at 3:00 p.m, on Monday, October 29, 1990 with public hearings to be heard at 7:30 p.m. The City Attorney noted that the 3:00 p.m. Agenda will include all items except the public hearings. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 9:26 p.m. 0 OF THE CITY OF •CYPRE ATTEST: , > ; CIT CLERK OF THE ITY OF CYPRESS „...~b 5