Minutes 90-10-15
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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
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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
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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."
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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
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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
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