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Minutes 2002-04-08MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 8, 2002 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council Members Keenan, McGill, Piercy, Mayor Sondhi Mayor Pro Tem McCoy STAFF PRESENT: City Manager, City Attorney, Agency Counsel, Director of Finance and Administrative Services, Community Development Director, Public Works Director, Chief of Police, Recreation and Community Services Director, Assistant to the City Manager, Assistant Community Development Director, Housing Coordinator, and City Clerk. The Community Development Director stated staff has examined the feasibility of implementing a neighborhood clean up program in response to a request from the City Council. The Housing Coordinator stated the City assessed the need for a program and funding sources available. In conjunction with Code Enforcement, neighborhood surveys were done which showed there were areas that could benefit from a program. Specifically, the Cypress Acres area and areas north of Lincoln Avenue were identified. The Housing Coordinator presented photographs of potential clean up areas in the City. He stated, that in surveying other cities, most cities target specific areas rather than city-wide projects and focused on residential properties. He stated there are several funding sources available including the use of CDBG funds, State funds, and Redevelopment Agency or City General Funds. Previous attempts for CDBG funds have been unsuccessful due to the limited amount of Public Services funds available. Staff is not optimistic on State funding due to current budget concerns. Redevelopment Set-Aside funds can be used if there is a finding that targeted properties are income-qualified and the program will help alleviate health and safety concerns. The Housing Coordinator stated the program structure could include a cleanup day with the City providing trash bins. The program could be used as a marketing tool for the HELP II Program. The anticipated yearly budget for the program would be between $15,000 and $25,000. The Community Development Director stated the community or specific areas could be surveyed to determine interest in participating in a program. Council Member Piercy stated that the City could use current resources including the twice a year large item pickup through Briggeman Disposal or coordinating a day directly with Briggeman Disposal for a specific area. Mayor Sondhi stated the City should seek participation by the business community to assist with the funding of a program. The Community Development Director stated staff would like to provide the County with a tour of some of the neighborhoods in the City to assist with CDBG funding. At 6:02 p.m., the Mayor recessed the meeting. CiTY COUNCtL MINUTES APRIL 8, 2002 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by Mayor Sondhi. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Sondhi ABSENT: Mayor Pro Tem McCoy STAFF PRESENT: City Manager, City Attorney, Agency Counsel, 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, Assistant Community Development Director, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member MoGilI. INVOCATION: The invocation was given by City Attorney Wynder. 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 conceptual neighborhood cleanup program was presented to the City Council. Staff was provided direction by the Council and a full program will be brought back to Council at a subsequent date. 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 Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Quitmeyer v. City of Cypress, et. al., Case Number 00CC15234, Orange County Superior Court. The City Attorney briefed the Council on the results of a recent Motion for Summary Judgment where the trial court granted summary adjudication in favor of the City on many of the causes of action, which greatly narrows the issues of dispute between the parties. The City Attorney reported that the Council met regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Rasmussen v. City of Cypress, et. al., Case Number 99WL07887, Orange County Superior Court. The City Attorney stated the City received a ruling granting Summary Judgment on the entirety of the case in favor of the City of Cypress. The City Attorney reported that the City Council and Redevelopment Agency met in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress, Case Number SA02-60, United States District Court - Central District of California, Case Number 02CC01575, Orange County Superior Court - Central Justice Center; Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch, LLC v. Cypress Redevelopment Agency and City of Cypress, Case Number 02CC00006, Orange County Superior Coud - Civil Division; Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch, LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project, and Does 1-25, Case Number 02CC00031, Orange County Superior Court - Civil Division. The City Council was briefed on the scheduling order entered by the judge and informed the case, which is listed as an Orange County CiTY COUNCIL MINUTES APRIL 8, 2002 Superior Court case which has been removed to the Federal District Court, will be dismissed. The City Attorney reported that the Cypress Redevelopment Agency met in Closed Session, pursuant to Government Code Section 54956.8, Property: Approximately 75 Acres at Northwest Corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under Negotiation: Price and Terms of Payment. The Deputy Executive Director provided a report on the ongoing negotiations between the Redevelopment Agency and Cottonwood Christian Center, provided a status report and advised the Agency as to the next step staff would be taking. Mayor/Chairperson Sondhi did not participate in the Closed Session matters involving the Los Alamitos Race Track and Golf Course Redevelopment Project due to her ownership of property in the project area. 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. Mike Teate, Tetra Tech, Inc., San Diego, spoke regarding Agenda Item No. 11. Rick Williamson, Lake Forest, spoke regarding Agenda Item No. 11. The following spoke regarding Agenda Item No. 18: Andy Guilford, Costa Mesa Bayless Conley, Los Alamitos Lucinda Wong, Cypress Michael Alford, Huntington Beach Brenton Hall, Cypress Lamonte Mock, Cypress Sam Raymundo, Cypress Kevin Salaiz, Long Beach Jan Lombardi, Cypress Doug Gentry, Garden Grove 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. 2002-061 AND VARIANCE NO. 2002-01, A REQUEST TO OPERATE AN ADULT DAY CARE FACILITY WITHIN THE EXISTING COMMERCIAL BUILDING LOCATED AT 5175 BALL ROAD IN THE OP OFFICE PROFESSIONAL ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Mallory Vega, Executive Director, Acacia Adult Day Care Services, ~tated they are excited about bringing adult day care and adult day health care to the Cypress community, as well as the cities of La Palina and Los Alamitos. 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. CITY COUNCIL MINUTES APRIL 8, 2002 The public hearing was closed. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Resolution approving Conditional Use Permit No. 2002-06 - with conditions, and the Resolution granting a Variance from the Terms of the Zoning Ordinance of the City of Cypress, Section 11.5, Table 11.5.5 to Allow a Reduced Side Yard Building Setback, and Section 11.9 for a Reduced Wall Height Adjacent to Residential for the Proposed Acacia Adult Day Care Building Located at 5175 Ball Road. The motion was carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCIL MEMBERS: Keenan, Piercy, and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy COUNCIL MEMBERS: McGill Council Member McGill did not padicipate on this item due to a potential conflict of interest. RESOLUTION NO. 5538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-06 - WITH CONDITIONS. RESOLUTION NO. 5539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 11.5, TABLE 11.5.5 TO ALLOW A REDUCED SIDE YARD BUILDING SETBACK, AND SECTION 11.9 FOR A REDUCED WALL HEIGHT ADJACENT TO RESIDENTIAL FOR THE PROPOSED ACACIA ADULT DAY CARE BUILDING LOCATED AT 5175 BALL ROAD. Item No. 2: PUBLIC HEARING REGARDING THE 2002-2009 CAPITAL IMPROVEMENT PROGRAM. The Public Works Director provided background information on this item. Mayor Sondhi thanked staff for the effort put forth in preparation of this program. 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 Council Member Piercy, to receive and file the 2002-2009 Capital Improvement Program. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McGilI, Piercy, and ~;ondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy 4 CITY COUNCIL MINUTES APRIL 8, 2002 Item No. 3: PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2002-03, A CITY INITIATED AMENDMENT TO SECTION 41.5, "B" DEFINITIONS, ADDING A DEFINITION FOR "BEDROOM." The Assistant Community Development Director provided background information on this item. 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. David Wisnieski, Cypress, spoke in opposition of the amendment. The public hearing was closed. Council Member McGill asked if properly defining a bedroom was for the issue of parking rather than marketing of the property. The Assistant Community Development Director stated the City does not get involved in marketing issues of property, and the motivation is to provide a definition stating what a bedroom is and what it is not. He stated that parking provisions, under the current Code, is driven by the number of bedrooms. It was moved by Council Member Keenan and seconded by Council Member Piercy, to introduce for first reading an Ordinance amending the Cypress City Code, Appendix I - Zoning, Section 41.5, "B" Definitions, Adding a Definition of Bedroom. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Keenan, McGill, Piercy, and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS CITY CODE, APPENDIX I - ZONING, SECTION 41.5, "B" DEFINITIONS, ADDING A DEFINITION OF BEDROOM. CONSENT CALENDAR: All 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. Council Member Piercy requested Item No. 11 be pulled from the Consent Calendar. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 4 through 10 and No. 12 through 13. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McCoy 5 CITY COUNCIL MINUTES APRIL 8, 2002 Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 25, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of March 25, 2002, as submitted. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-01, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR ONE (1) OFFICE BUILDING LOCATED AT 5660 KATELLA AVENUE IN THE PC-4 PLANNED BUSINESS COMMUNITY PARK ZONE, WARLAND CYPRESS BUSINESS CENTER SPECIFIC PLAN AREA. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2002-01 - with conditions. RESOLUTION NO. 5540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2002-01 - WITH CONDITIONS. Item No. 7: PROCLAIMING THE MONTH OF APRIL, 2002, AS "FAIR HOUSING MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April, 2002, as "Fair Housing Month" in the City of Cypress. Item No. 8: PROCLAIMING APRIL 20, 2002, AS "ARBOR DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 20, 2002, as "Arbor Day" in the City of Cypress. Item No. 9: ADOPTION OF RESOLUTION OPPOSING SB 1664, AMENDING THE MEMBERSHIP OF THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY. Recommendation: That the City Council adopt the Resolution by title only, opposing SB 1664, amending the membership of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. RESOLUTION NO. 5541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN OPPOSITION TO SB 1664, AMENDING THE MEMBERSHIP OF THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY. Item No. 10: APPROVAL OF INDEMNITY AGREEMENT AND ADOPTION OF RESOLUTION FOR THE CITY OF CYPRESS TO BE NAMED AS A PLAINTIFF, ALONG WITH THE AIRPORT WORKING GROUP OF ORANGE COUNTY, INC., ORANGE COUNTY REGIONAL AIRPORT AUTHORITY, AND OTHER PLAINTIFFS, IN THE CIVIL ACTION CHALLENGING THE LEGALITY OF MEASURE W. Recommendation: That the City Council approve the Indemnity Agreement between the City of Cypress and the Airport Working Group of Orange County, Inc., and adopt the Resolution by title only, naming the City of Cypress as a plaintiff, along with the 6 CITY COUNCIL MINUTES APRIL 8, 2002 Airport Working Group of Orange County, Inc., Orange County Regional Airport Authority, and other plaintiffs, in the civil action challenging the legality of Measure W. RESOLUTION NO. 5542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, NAMING THE CITY OF CYPRESS AS A PLAINTIFF, ALONG WITH THE AIRPORT WORKING GROUP OF ORANGE COUNTY, INC., ORANGE COUNTY REGIONAL AIRPORT AUTHORITY, AND OTHER PLAINTIFFS, IN THE CIVIL ACTION CHALLENGING THE LEGALITY OF MEASURE W. Item No. 12: AWARD OF CONTRACT FOR MAINTENANCE DIVISION OPERATION EVALUATION. Recommendation: That the City Council award a contract for a Maintenance Division Operation Evaluation to LA Consulting, 840 Apollo Street, Suite 324, El Segundo, California 90245, in the amount of $34,754. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53153 THROUGH 53367. Recommendation: Approve the attached warrant register. Regarding Item No. 11: REJECTION OF BIDS AND APPROVAL OF REVISED PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR RE-BID FOR CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC WORKS PROJECT NO. 2001-05, Council Member Piercy asked if there was a way to work with the third bidder, who did not have calculation errors, to save time on the project. The Chief of Police stated that the third bidder did not include the additional four items that were desired for the project. The City Manager stated a multiple level of bids were received with two of the bidders being below the anticipated budget proposal that staff presented to the City Council. Unfortunately, prior to awarding the contract, those bidders decided to withdraw their bids because they did not include certain items in their bids. His concern is that none of the other bidders in the remaining group have the same ability to have that item before them, therefore, he feels the process would be unfair. It was moved by Council Member Piercy and seconded by Council Member Keenan, to: 1) Reject the bids received on March 12, 2002, for Construction of Police Department Shooting Range and Training Facility, Public Works Project No. 2001-05; and 2) Approve the revised plans and specifications for Construction of Police Department Shooting Range and Training Facility, Public Works Project No. 2001-05; and 3) Authorize staff to advertise the project for re-bid. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, McGill, Piemy, and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McCoy Council Member Keenan stated that an Arbor Day celebration was being held at Eucalyptus Park on Saturday, April 20, 2002 at 10:00 a.m. END OF CONSENT CALENDAR 7 CITY COUNCIL MINUTES APRIL 8, 2002 ORDINANCES: (SECOND READING) Item No. 14: SECOND READING OF ORDINANCE REPEALING CHAPTER 2, ARTICLE I, SECTION 2-2.22, CHAPTER 2, ARTICLES IV, V, VI, VII AND IX, AND CHAPTER 16, ARTICLE II SECTIONS 16-8 THROUGH 16-10.1 OF THE CODE OF THE CITY OF CYPRESS AND ADOPTING A NEW CHAPTER 2, ARTICLE IV TO BE ENTITLED "BOARDS, COMMISSIONS AND COMMITTEES." It was moved by Council Member Piercy and seconded by Council Member McGill, to adopt the Ordinance by title only, repealing Chapter 2, Article I, Section 2-2.22, Chapter 2, Articles IV, V, VI, VII and IX, and Chapter 16, Article II, Sections 16-8 through 16- 10.1 of the Code of the City of Cypress and adopting a new Chapter 2, Article IV, to be entitled "Boards, Commissions and Committees." The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING CHAPTER 2, ARTICLE I, SECTION 2-2.22, CHAPTER 2, ARTICLES IV, V, VI, VII AND IX, AND CHAPTER 16, ARTICLE II, SECTIONS 16-8 THROUGH 16-10.1 OF THE CODE OF THE CITY OF CYPRESS AND ADOPTING A NEW CHAPTER 2, ARTICLE IV, TO BE ENTITLED "BOARDS, COMMISSIONS AND COMMITTEES." UNFINISHED BUSINESS Item No. 15.' CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 AND VARIANCE NO. 2001-06, A REQUEST TO CONSTRUCT A 1,004 SQUARE FOOT FREESTANDING MULTI-PURPOSE ROOM AT AN EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. A VARIANCE IS ALSO REQUESTED TO ALLOW A REAR BUILDING SETBACK OF SIX FEET (6'). Following public testimony and closure of the Public Hearing at the February 11, 2002 City Council meeting, the City Council continued a decision on this item to the February 25, 2002 City Council meeting. At the February 25, 2002 City Council meeting, the applicant requested an additional one-month continuance of this item. The City Council continued a decision on this item to the March 25, 2002 City Council meeting. At the March 25, 2002 City Council meeting, the applicant requested a continuance of this item. The City Council continued a decision on this item to the April 8, 2002 City Council meeting. The Assistant Community Development Director stated a letter accepting the revised conditions of approval has been received from the applicant. It was moved by Council Member McGill and seconded by Council Member Keenan, to adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 78-27 - with conditions, and the Resolution granting a Variance from the Terms of the Adopted Lincoln Avenue Specific Plan (Ordinance No. 983), Section 4.5, Table 2, to Allow a Six-Foot (6') Rear Setback for a Proposed Freestanding Multi-Purpose Room at an Existing Church and Private School Facility Located at 5202 Lincoln Avenue. 8 CITY COUNCIL MINUTES APRIL 8, 2002 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy RESOLUTION NO, 5543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 - WITH CONDITIONS. RESOLUTION NO. 5544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ADOPTED LINCOLN AVENUE SPECIFIC PLAN (ORDINANCE NO. 983), SECTION 4.5, TABLE 2, TO ALLOW A SIX-FOOT (6') REAR SETBACK FOR A PROPOSED FREESTANDING MULTI-PURPOSE ROOM AT AN EXISTING CHURCH AND PRIVATE SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. NEW BUSINESS Item No. 16: ADOPTION OF RESOLUTION OF INTENTION AND APPROVAL OF THE FIRST READING OF THE ORDINANCE TO AMEND THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THE PROVISION,C; OF "3% @ 50" FORMULA AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS. The Director of Finance and Administrative Services provided background information on this item. It was moved by Council Member Keenan and seconded by Council Member McGill, to adopt the Resolution by title only, Establishing Notice of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City of Cypress, and introduce for first reading the Ordinance Authorizing an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy RESOLUTION NO. 5545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS. 9 CITY COUNCIL MINUTES APRIL 8, 2002 RECREATION & PARK DISTRICT MATTERS: the Ex Officio Governing Board of Directors. No items. The City Council meeting was recessed at 8:40 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 8:40 p.m. The Cypress City Council, Acting as The Cypress City Council, PRESENT: Agency Board Members Keenan, McGill, Piercy, Chairperson Sondhi ABSENT: Agency Vice Chairperson McCoy It was moved by Agency Board Member Keenan and seconded by Agency Board Member McGill, to approve Consent Calendar Item No. 17. The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Keenan, McGill, Piercy, and Sondhi NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: McCoy Consent Calendar: Item No. 17: ADOPTION OF RESOLUTION AUTHORIZING THE ACCEPTANCE OF DEEDS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 27281. Recommendation: That the Cypress Redevelopment Agency Board adopt the Resolution by title only, authorizing the acceptance of deeds in accordance with Government Code Section 27281. RESOLUTION NO. CRA-102 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, AUTHORIZING THE ACCEPTANCE OF DEEDS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 27281. END OF CONSENT CALENDAR New Business: Item No. 18: CONSIDERATION OF AN OWNER PARTICIPATION PROPOSAL AND A THIRD PARTY PROPOSAL SUBMITTED FOR THE DEVELOPMENT OF THE APPROXIMATELY 18-ACRE POTENTIAL REDEVELOPMENT SITE LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND KATELLA AVENUE WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. Agency Chair Sondhi stated that due to a conflict of interest she would step down from the dais and abstain from voting. City code requires the election of a temporary Chair due to the absence of the Agency Vice Chair. Agency Board Member Piercy nominated Agency Board Member Keenan to serve as temporary Chair and moved to close nominations. 10 CiTY COUNCIL MINUTES APRIL 8, 2002 The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 3 AGENCY MEMBERS: Keenan, McGill and Piercy 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: McCoy 1 AGENCY MEMBERS: Sondhi The Deputy Executive Director provided background information on this item. Jonathan Curtis, Sheppard, Mullin, Richter and Hampton, LLP, stated they were not informed until five minutes prior to the start of the meeting that a presentation would be allowed by Cottonwood. He asked for clarification on the Walker/Katella Project and the origins of the project. Bayless Conley, Pastor, Cottonwood Christian Center, stated he feels Cottonwood is being treated unfairly, has never been given due process, and that the City is being dishonest. He feels the City is pushing Cottonwood off of their property in order to negotiate with Costco. Todd Bartock, Development Manager, Costco, stated he was present to answer any questions the City Council may have. The City Attorney stated that, for the record, the City had received just prior to the City Council meeting, a letter from legal counsel for Cottonwood Christian Center that raises no other legal issues other than those already raised. In the letter from legal counsel for Cottonwood, there continues to be a deliberate, intentional, and selective breach of the privileged and confidential nature of the ongoing settlement negotiations where Cottonwood discloses one-sided versions of one topic of many topics that are included in the settlement negotiations. He stated that all prior responses from the Agency to Cottonwood shall also be included as part of the record. Agency Board Member Keenan asked about the timing of this particular procedure. The City Attorney stated that everything happening at this meeting is being compelled because Cottonwood Christian Center chose to assert that the City does not have the right to engage in a standard, routine practice which has occurred in all three of its project areas. Periodically, project area plans have to be reviewed, updated, and the life of the eminent domain authority of the Agency renewed. Cottonwood has filed a lawsuit challenging the right of the Agency to reauthorize its eminent domain authority for an additional 12 years. As a consequence of asserting that right, the Agency must undertake its redevelopment powers and complete its redevelopment process during the current life of its redevelopment authority. The Agency must pursue and perfect its rights, if at all, before June 2002 when those powers become disputed by virtue of the pending claim raised by Cottonwood Christian Center as to the right of the City to engage in a routine amendment to its redevelopment plan. One of the steps of the process is to complete the Owner Participation process. Agency Board Member McGill asked if the retail concept for the area is allowable into the Specific and General Plan. The City Attorney stated the City and Agency have specifically articulated its authority for this project in the answer filed to the Cottonwood Federal District Court complaint. The Deputy Executive Director stated there is a section of the General Plan entitled "Land Use" which identifies the land use goals and objectives in the City's General Plan. He read verbatim the section regarding "Maintaining Business Park Competitiveness." The Assistant Deputy Executive Director stated that in September 2001, the City adopted a General Plan update. He then read verbatim from the Cypress Business and Professional Center Specific Plan, which has been in place since 1990, the subsection entitled "Professional Office." 11 CITY COUNCIL MINUTES APRIL 8, 2002 The City Attorney stated it is staff's opinion, supported by Agency counsel and the City Attorney, that the authority to develop a retail project within this project area is permitted by the General Plan, by the Specific Plan, and by specific authorization within the General Plan that allows the transfer of land uses within the Specific Plan area such that it could permit the development of a retail complex being proposed. Agency Board Member Piercy stated the issue under consideration is an Owner Participation proposal and decisions made by the City are for the benefit of all Cypress citizens. Agency Board Member McGill stated the Council and staff want to continue to develop negotiations with Cottonwood. Agency Board Member Keenan stated he is disappointed that negotiations and dialogue have been colored by this proposal, and the City is procedurally bound to follow a certain process. It was moved by Agency Board Member Piercy and seconded by Agency Board Member McGill, to: 1) Find and determine that the development proposal submitted by Cottonwood Christian Center, Inc. ("Cottonwood") in response to the Agency's invitation to express interest in participating in the proposed Walker/Katella Retail Project is non- responsive; and 2) Find and determine that, even if the Cottonwood proposal were deemed responsive, the development proposal submitted by Costco Wholesale Corporation ("Costco") is (a) responsive to the Agency's proposed Walker/Katella Retail Project, and (b) is more consistent with the goals and objectives of the Los Alamitos Race Track and Golf Course ("LART") Redevelopment Project Area, the City's General Plan, Strategic Plan, and the Cypress Business & Professional Center Specific Plan; and 3) On the basis of numbers 1 and 2 above, select the Costco development proposal for further consideration; and 4) Find and determine that, pursuant to the Agency's Rules and Governing Participation and Preferences for the LART Project Area, and the provisions of California Community Redevelopment Law ("CRL"), the owner participation process for the WalkedKatella Retail Project has been completed, and that the Agency no longer has obligations to extend the owner participation process or consider proposals from owner participants for the Walker/Katella Retail Project. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 3 AGENCY MEMBERS: Keenan, McGill and Piercy 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: McCoy 1 AGENCY MEMBERS: Sondhi The Redevelopment Agency was adjourned at 9:42 p.m. The City Council meeting was recessed at 9:42 p.m. The City Council meeting reconvened at 9:55 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The following spoke regarding Agenda Item No. 18: Robert Irish, Huntington Beach Hilda Duncan, Cypress Elizabeth Takahashi, Cypress Steven Corum, Cypress Rhonda Cleland, Cypress Tim Cleland, Cypress Berin Gilfillan, Cypress Jim Ward, Cypress Kristin Garland, Cypress 12 CITY COUNCIL MINUTES APRIL 8, 2002 Matthew Allison, Anaheim Tammy Kronz, Cypress Hope Martin, Cypress Brandon Jensen, Cypress Vincent Wickander, Cypress Bill Sinko, Cypress Scott Aamonson, Cypress Bonnie Shown, Cypress Carla Hagenbach, Cypress Doug Jutras, Cypress Carol Manker, Cypress Darrin Godin, Los Alamitos Ned Bluett, Stanton Cody Mock, Cypress Johnny Madrigal, Santa Ana Anthony Valli, Huntington Beach Gloria Sutton, Hawaiian Gardens Alicia Megofna, Cypress Jeff & Melissa Johnston, Anaheim Hills Steve Burington, Irvine Jerry Pratt, Long Beach Craig Fry, Cerritos Teresa Tomoline, Cypress Council Member Keenan stated the City Code has a prescribed end time for Council meetings of 11:30 p.m. and that the public can continue to communicate to the City Council by letter or through email. Kevin & Stephanie Talley, Garden Grove Douglas Pyle, Cypress ITEMS FROM CITY COUNCIL MEMBERS: No items were presented. ITEMS FROM CITY MANAGER: No items were presented. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 11:37 p.m. to Monday, April 22, 2002, beginning at 5:30 p.m. in the Executive Board Room.  TY OF CYPRESS ATTEST: C,I'T/k( CL~-Rk o'F T~ CITY OF CYPRESS 13