Resolution No. 6386192
RESOLUTION NO. 6386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE EXECUTION AND RECORDATION OF A GRANT DEED TO
TRANSFER LEGAL TITLE OF 5732 LINCOLN AVENUE, RESERVED FOR
AFFORDABLE HOUSING PURPOSES, TO THE CITY OF CYPRESS AS HOUSING
SUCCESSOR TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY, AND
FINDING THE TRANSFER TO BE EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Cypress is a municipal corporation and charter city
organized and existing under the Constitution of the State of California ( "City "); and
WHEREAS, the Cypress Redevelopment Agency ( "Agency ") was a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.); and
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 ( "Dissolution Legislation "); and
WHEREAS, the City, pursuant to the terms of the Dissolution Legislation, became
the successor agency to the dissolved Agency ( "Successor Agency ") with the responsibility
to wind up the affairs of the dissolved Agency; and
WHEREAS, the dissolved Agency, in accordance with California law, previously
acquired certain real property located at 5732 Lincoln Avenue using Low and Moderate
Income Housing Funds, which require that the property be reserved for affordable housing
purposes (hereinafter, the "Property "); and
WHEREAS, pursuant to the allowance of the Dissolution Legislation, the City
elected to retain the housing assets and functions of the dissolved Agency, including the
Property, and thus become the "housing successor" to the dissolved Agency; and
WHEREAS, the transfer of the former Agency's housing assets to the City as the
housing successor occurred by operation of law pursuant to Health and Safety Code
Section 34176 and was confirmed by approval by the California Department of Finance of
the City's Housing Asset Transfer Form submitted to the Department of Finance pursuant
to Health and Safety Code Section 34176(a)(2) and approved by the Department of
Finance by letter dated February 15, 2013; and
WHEREAS, although transfer of the Property to the City occurred by operation of
law, legal title remains vested in the name of the dissolved Agency; and
WHEREAS, applicable law authorizes the Successor Agency to transfer legal title of
the Property to the City; and
WHEREAS, on October 14, 2013, a joint public hearing of the Successor Agency
and City with respect to the conveyance, duly and properly noticed in accordance with
applicable law, was held on the matter of the proposed transfer of legal title; and
WHEREAS, all actions required to be taken by the Successor Agency and City
precedent to the adoption of this Resolution were duly and regularly taken in accordance
with applicable law.
NOW, THEREFORE, the City Council of the City of Cypress resolves as follows:
Section 1. The foregoing Recitals are true and correct and incorporated herein.
Section 2. The City finds and determines as follows:
A. The conveyance of the Property to the City effectuates the purposes
of the City's affordable housing strategy in that it provides a housing asset to the City
reserved for affordable housing purposes, and the foregoing is adequate consideration for
the conveyance by the Successor Agency and, therefore, no monetary consideration is
required.
B. The transfer of legal title of the Property to the City is in accordance
with the Dissolution Legislation as the property was transferred to the City in its capacity as
housing successor pursuant to Health and Safety Code Section 34176 as confirmed by the
February 15, 2013 approval by the California Department of Finance of the City's Housing
Asset Transfer Form submitted to the Department of Finance pursuant to Health and
Safety Code Section 34176(a)(2), and the transfer pursuant to this Resolution is for the
purpose of transferring legal title to the Property from the former Agency to the City.
C. The Successor Agency's conveyance of the Property to the City is, in
the City Council's independent judgment, exempt from the California Environmental
Quality Act pursuant to Title 14 C.C.R. § 15060(c)(2) and additionally, and independently,
§15061(b)(3), in that (a) the transfer is administrative in nature and will not result in a direct
or reasonably foreseeable indirect physical change in the environment; (b) the transfer is
not subject to CEQA because as an administrative action the transfer will not result in a
significant effect on the environment
Section 3. The City approves the transfer of legal title of the Property to the City
and approves the form of Grant Deed therefor presented to the City Council by City staff
concurrent with consideration of this Resolution. The Mayor is authorized and directed to
sign the Grant Deed on behalf of the City and the City Manager is authorized and directed
to take such further actions, including but not limited to recordation of the Grant Deed, and
sign such other and further documents to effectuate the purposes of this Resolution and of
the Grant Deed. The City Manager is further authorized and directed to sign the Certificate
of Acceptance to effect recordation of the Grant Deed as required by Government Code
Section 27281.
PASSED AND ADOPTED by the City Council of thdZ'1t of Cypress at a regular
meeting held on the 14th day of October, 2013.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
u .
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 14th day of October, 2013, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
193