Minutes 2003-02-24(1:00 p.m.)
MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 24, 2003
The adjourned special meeting of the Cypress City Council/Redevelopment Agency
was called to order at 1:03 p.m. by Mayor/Agency Chair McCoy in the Council
Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT: Council Members/Agency Board Members McGill, Piercy, Mayor Pro
Tem/Agency Vice Chair Keenan, Mayor/Agency Chair McCoy
ABSENT: Council Member/Agency Board Member Sondhi
Also present were 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, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro
Tem/Agency Chair Keenan.
INVOCATION: The invocation was given by City Attorney Wynder.
JOINT SPECIAL MEETING WITH THE CYPRESS REDEVELOPMENT AGENCY
The City Attorney reported that the City Council would be meeting in a Joint Closed
Session with the Redevelopment Agency 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 (Removed to Federal Court), Case
Number SA02-149, United States District Court – Central District of California.
The City Attorney reported that the Redevelopment Agency would be meeting in Closed
Session regarding Conference with Real Property Negotiators, pursuant to Government
Code Section 54956.8, Real Property Identified by APN Numbers 241-091-19, 241-
091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26,
241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-
36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of 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 meeting was recessed at 1:07 p.m. to Closed Session.
The meeting was reconvened at 1:26 p.m.
The City Attorney reported that the Council met in a Joint Closed Session with the
Redevelopment Agency 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 (Removed to Federal Court), Case Number SA02-
149, United States District Court – Central District of California. The City Attorney stated
legal counsel briefly reviewed with the Council/Agency the operative terms and conditions
CITY COUNCIL MINUTES FEBRUARY 24, 2003
and the legal affect of that certain Settlement and Mutual Release Agreement, which will be
considered and potentially acted upon by the Council and Agency in public session.
The City Attorney reported that the Redevelopment Agency met regarding Conference
with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real
Property Identified by APN Numbers 241-091-19, 241-091-20, 241-091-21, 241-091-
22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-
091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-36, 241-231-24, 241-231-25,
241-231-26, and 241-231-28; Consisting of 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 City Attorney stated staff and legal counsel reviewed and summarized,
and provided a status report on the legal affect and implications of that certain
Agreement for Purchase and Sale of Real Property by and between the Agency and
Cottonwood Christian Center.
No action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Pete Kinnahan, Cypress Residents for Planned Community Development, thanked the
City Council, City staff, citizens, and Cottonwood Christian Center leadership for their
diligent efforts in securing a mutually acceptable agreement between the City,
Redevelopment Agency, and Cottonwood Christian Center.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
New Business:
Item No. 1: APPROVAL OF AGREEMENT FOR THE PURCHASE OF REAL
PROPERTY BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
COTTONWOOD CHRISTIAN CENTER.
The City Manager stated that a joint presentation would be made for Item No. 1 and No.
2.
The Community Development Director provided background information on Item No. 1
and No. 2.
The City Attorney summarized the Settlement Agreement and Mutual Release between
the City, Agency, and Cottonwood Christian Center.
The City Attorney stated the three lawsuits are, in essence, put on hold subject to the
closing of escrows and the obtaining of entitlements by Cottonwood Christian Center to
develop the new site and following the expiration of any period to challenge those new
developments. Following the completion of those events, the lawsuits that are identified
in the Settlement Agreement will be dismissed with prejudice with both parties bearing
their own costs and attorneys fees and mutual and general releases. The lawsuits will
not be finally dismissed until all of the conditions of the Purchase and Sale Agreement
are satisfied.
Agency Vice Chair Keenan thanked Cottonwood Christian Center and City staff for all
of their hard work during this process.
Agency Board Member McGill also thanked City staff, Cottonwood Christian Center,
and members of the community.
It was moved by Agency Vice Chair Keenan and seconded by Agency Board Member
Piercy, to review the Agreement for the Purchase of Real Property for the Agency’s
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
acquisition of the approximately 18-acre site owned by Cottonwood Christian Center at
the northwest corner of Walker Street and Katella Avenue, and adopt the Resolution by
title only, approving the Agreement for the Purchase of Real Property between the
Agency and Cottonwood Christian Center.
The motion was unanimously carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: McGill, Piercy, Keenan and McCoy
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Sondhi
Agency Board Member Sondhi did not participate in the discussion, nor was she
present in the Council Chambers due to her ownership of property in the project area,
as per Government Code Section 87105.
RESOLUTION NO. CRA-108
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY,
APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF
REAL PROPERTY BY AND BETWEEN THE AGENCY, AS BUYER,
AND COTTONWOOD CHRISTIAN CENTER, INC., AS SELLER, OF
AN APPROXIMATELY 18-ACRE PARCEL LOCATED IN THE CITY OF
CYPRESS AT THE NORTHWEST CORNER OF WALKER STREET AND
KATELLA AVENUE WITHIN THE LOS ALAMITOS RACE TRACK
AND GOLF COURSE REDEVELOPMENT PROJECT AREA.
CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS:
New Business:
Item No. 2: APPROVAL OF THE SETTLEMENT AGREEMENT AND MUTUAL
RELEASE AGREEMENT WITH COTTONWOOD CHRISTIAN CENTER.
It was moved by Mayor Pro Tem/Agency Vice Chair Keenan and seconded by Council
Member/Agency Board Member McGill, to approve the Settlement and Mutual Release
Agreement (the “Agreement”) by and between Cottonwood Christian Center, a non-
profit religious corporation, the City of Cypress, a charter city and municipal corporation
(the “City”), and the Cypress Redevelopment Agency, a public body, corporate and
politic, and political subdivision of the State of California (the “Agency”), and authorize
the Mayor and the Agency Chair to execute the same on behalf of the City and the
Agency.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL/AGENCY MEMBERS: McGill, Piercy, Keenan and McCoy
NOES: 0 COUNCIL/AGENCY MEMBERS: None
ABSENT: 1 COUNCIL/AGENCY MEMBERS: Sondhi
Council Member/Agency Board Member Sondhi did not participate in the discussion,
nor was she present in the Council Chambers due to her ownership of property in the
project area, as per Government Code Section 87105.
Mayor/Agency Chair McCoy stated that this was a long process with both sides taking
on some posturing, but he always felt both sides wanted a win-win solution, which is
what today’s action provides. He stated that as Council Members, it is their
responsibility to look out for all of Cypress, and the Council, through their actions, did
that. Cottonwood needs a church to fulfill their requirements with a facility big enough
for their entire congregation to meet. He stated that the Council views Cottonwood as
partners in the community and welcomed them to Cypress.
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
None.
The meeting was recessed at 1:50 p.m. to the Media Briefing at the 18-acre site located
at the Northwest corner of Walker Street/Katella Avenue.
The meeting was reconvened at the Media Briefing at 2:30 p.m.
ADJOURNMENT: Mayor/Agency Chair McCoy adjourned the meeting at 2:45 p.m., to
Monday, February 24, 2003, beginning at 5:00 p.m. in the Executive Board Room, 5275
Orange Avenue, Cypress, California.
____________________________________
MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF CYPRESS
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