Resolution No. 6939 424
RESOLUTION NO. 6939
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS DECLARING 5732 LINCOLN AVENUE IN THE CITY OF
CYPRESS TO BE SURPLUS AND AUTHORIZING OFFERS OF SAID
PROPERTY FOR PURCHASE AND FINDING OF EXEMPTION FROM CEQA
WHEREAS, in 2003, the former Cypress Redevelopment Agency ("Agency"), in
accordance with California law, acquired the property located at 5732 Lincoln Avenue
("Property") for affordable housing purposes using Low and Moderate Income Housing
Funds ("Housing Funds");
WHEREAS, in 2011 , the California Legislature enacted, and the California
Supreme Court, upheld legislation requiring that all redevelopment agencies in the State
of California be dissolved as of February 1, 2012, after which the City elected to serve
as the housing successor to the dissolved Agency and, on October 14, 2013, the City
Council approved the transfer of title to the Property from the Agency to the City;
WHEREAS, pursuant to SB 341 adopted in 2013, the City was required to
develop the Property for affordable housing purposes within five years from acquiring it
from the Agency, or by October 14, 2018, which timeline, in accordance with SB 341,
and Health & Safety Code section 33334.16, was extended by the City Council for
another five years to October 14, 2023;
WHEREAS, pursuant to SB 341, should physical development of the Property
not begin by the end of the extended period, the Property must be sold and the moneys
from the sale, less reimbursement to the City for the cost of the sale, must be deposited
in the City's Housing Fund;
WHEREAS, there is no present or contemplated use of the Property that would
preclude the City from declaring the Property as surplus to the needs of the City and
offering the Property for sale to any public agency or entity described under
Government Code section 54222 et seq.; and
WHEREAS, under the Surplus Land Act, surplus real property is defined as "land
owned in fee simple by any local agency for which the local agency's governing body
takes formal action in a regular public meeting declaring that the land is surplus and is
not necessary for the agency's use"; and
WHEREAS, if one of the public agencies or housing sponsors desires to
purchase the property after having received notice, it must indicate its intent to do so in
writing within 60 days of receiving the notice, the City and the other local agency or
housing sponsor must enter into "good faith negotiations" with the interested public
agency or housing sponsor for a period of 90 days; and
WHEREAS, the disposal of the Property as surplus property is exempt from the
California Environmental Quality Act pursuant to California Code of Regulation, Title 14,
section 15312.
NOW, THEREFORE, the City Council of the City of Cypress, California, resolves,
determines and orders as follows:
Section 1. The recitals above are true and correct.
Section 2. Based on the above recitals, the City Council finds and declares the Property to
be surplus, and declares its intention to offer the Property for sale in accordance with
Government Code section 54220, et seq.
Section 3. The City Council hereby authorizes and directs the City Manager to offer the
Property for sale to each of the public agencies or entities listed in Government Code
section 54222 in compliance with the Surplus Land Act.
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Section 4. The disposal of the Property is found to be exempt from the California
Environmental Quality Act pursuant to California Code of Regulation, Title 14, section
15312.
Section 5. This Resolution shall be effective on upon its adoption. The City Clerk shall
certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 12th day of June, 2023.
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MAYOR OF TH€/CITY OF CYPRESS
ATTEST:
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CIT LERK OF T E CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, Alisha Farnell, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 12th day of June, 2023; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
CITY CLERK OF THE CITY OF CYPRESS
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