Resolution No. 6081 152
RESOLUTION NO. 6081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
HOPKINS REAL ESTATE GROUP
WHEREAS, the Cypress Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code §33000 et seq.) ("CRL"); and
WHEREAS, by previous action duly and regularly taken, the City of Cypress
("City") and the Agency adopted the Redevelopment Plan for the Cypress Merged and
Amended Project Area as amended from time to time ("Redevelopment Plan"), which
Redevelopment Plan delineates the Cypress Merged and Amended Project Area
("Project Area"); and
WHEREAS, the Agency staff has negotiated a Disposition and Development
Agreement ("DDA") by and between the Agency and Hopkins Real Estate Group, a
California corporation ("Developer"), relating to that certain real property owned by
Agency comprised of approximately 13.3 acres of land area located at the northwest
corner of Katella Avenue and Winners Circle within the Project Area ("Site"); and
WHEREAS, the DDA provides for Agency to convey the Site to Developer for the
sum of $20,410,750 ("Purchase Price") and for Developer to develop a commercial
project on the Site ("Project"), which Project is consistent with the Redevelopment Plan
for the Project Area; and
WHEREAS, Health and Safety Code Section 33433 requires that the Agency
prepare a Summary Report prior to disposing of property located in a redevelopment
project area and that the Agency Board and City Council conduct a noticed joint public
hearing with respect to the DDA, and that the approval of the DDA be accompanied by
certain findings and determinations as set forth herein; and
WHEREAS, a Summary Report for the DDA has been prepared and, on the 28th
day of April, 2008, the Agency Board and the City Council held a joint public hearing on
the proposed DDA at which time the Agency Board and the City Council reviewed and
evaluated all of the information, testimony and evidence presented during the public
hearing; and
WHEREAS, an Initial Study/Environmental Checklist and Mitigated Negative
Declaration have been prepared for the proposed Project in accordance with the
provisions of the California Environmental Quality Act and the State CEQA Guidelines;
and
WHEREAS, the Initial Study/Environmental Checklist for the proposed Project
has determined that although the proposed Project could have a significant adverse
impact on the environment, there would not be a significant effect in this case because
appropriate mitigation measures were made a part of the Mitigated Negative
Declaration; and
WHEREAS, the City circulated the Initial Study/Environmental Checklist and
Mitigated Negative Declaration for the proposed Project for review in compliance with
the California Environmental Quality Act and the State CEQA Guidelines.
NOW THEREFORE, the City Council of the City of Cypress hereby resolves as
follows:
1. The above Recitals are true and correct and incorporated herein and
made a part hereof.
2. That the City does hereby find and determine as follows:
a. The DDA effectuates the purposes of the CRL and the
Redevelopment Plan, is in the best interests and welfare of the City of Cypress, and is
of benefit to the Project Area and the City of Cypress.
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b. The Agency's conveyance of the Site to Developer and the
development of a commercial project on the Site will assist in the elimination of blighting
conditions in the Project Area in that the Site is underutilized in its location in a high
visibility and commercially desirable area in the City of Cypress.
c. The Agency's conveyance of the Site is consistent with the
Agency's adopted 2005-2009 Implementation Plan, in that the Implementation Plan
identifies in Chapter IV Section 2.B the Agency's Goal of stimulating new commercial
expansion, employment and economic growth in the Project Area.
d. The consideration for the Agency's disposition of the Site to
Developer is not less than the fair market value of the Site at its highest and best use in
accordance with the Redevelopment Plan.
3. That the DDA by and between Agency and Developer, a copy of which is
on file with the City Clerk, is hereby approved.
4. That the City Council consents to the authorization and direction given by
the Agency to the Agency Chairperson to sign the DDA on behalf of the Agency, and
the authorization and direction given by the Agency to its Executive Director to take
such other and further actions as may be necessary and proper to carry out the terms of
the DDA and the purpose of this Resolution, including but not limited to signing such
other and further documents, including the documents attached as exhibits to the DDA.
5. That the City Council, in the exercise of its independent judgment, has
considered the Mitigated Negative Declaration and Mitigation Monitoring Program
prepared for the Project and finds that they reflect the independent judgment and
analysis of the City Council and that they were prepared in accordance with the
requirement of the California Environmental Quality Act, including but not limited to
adherence to all required noticing and review periods. Based on that independent
review and analysis, the City Council hereby approves the Mitigated Negative
Declaration and Mitigation Monitoring Program prepared for the Project. The City
Council authorizes and directs staff to promptly file a Notice of Determination with the
County Clerk.
PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular
meeting held on the 28th day of April, 2008.
MAYOR OF THE CI r OF CYPRESS
ATTEST:
C TY 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 28th day of April, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Mills, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4,04vaxy,
CITY CLERK OF THE CITY OF CYPRESS
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