Resolution No. 6123 316
RESOLUTION NO. 6123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO THE PAYMENT BY THE CYPRESS REDEVELOPMENT AGENCY
OF THE ACQUISITION COSTS FOR AND APPROVING A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY AND JOSE M. AND LUCY ROSALES
FOR THE CITY'S ACQUISITION OF CERTAIN REAL PROPERTY
FOR THE WALKER STREET RIGHT-OF-WAY.
WHEREAS, the City of Cypress ("City") is a municipal corporation duly formed
and organized under the laws of the State of California; and
WHEREAS, the Cypress Redevelopment Agency ("Agency") is a public body,
corporate and politic, duly organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.); and
WHEREAS, the City is proposing to acquire that certain parcel of real property
consisting of a 1,200 square foot portion of the street frontage for the property located at
8941-8951 Walker Street and identified as Assessor Parcel No. 262-423-03 (the
"Property") from Jose M. and Lucy Rosales (collectively, "Seller"); and
WHEREAS, the City and Seller propose to enter into that certain Purchase and
Sale Agreement and Joint Escrow Instructions ("Agreement") for City's acquisition of the
Property for a purchase price of Three Hundred Fifty-Seven Thousand Six Hundred
Ninety-Five Dollars ($357,695), plus escrow and other closing costs (collectively, the
"Acquisition Costs") ; and
WHEREAS, the Property is located in the Cypress Merged and Amended
Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Agency and the City Council of the City of Cypress ("City" or
"City Council," as appropriate), in accordance with all applicable law, previously adopted
the Redevelopment Plan for the Project Area; and
WHEREAS, the California Community Redevelopment Law, at Health and Safety
Code Section 33445 authorizes the Agency to pay for all or part of the value of the land
for and the cost of the installation and construction of any building, facility, structure, or
other publicly owned improvements, provided the Agency and the City Council each
adopt a resolution making certain findings; and
WHEREAS, on October 27, 2008, the Agency and City Council held a duly
noticed joint public meeting on the matter of the Agency's payment for the acquisition
costs of the real property for the Walker Street public right-of-way improvements ("Joint
Public Meeting"); and
WHEREAS, at the Joint Public Meeting the Agency and City Council received
and considered the staff report and such other information, testimony, and evidence as
presented.
NOW, THEREFORE, be it resolved by the City Council of the City of Cypress as
follows:
Section 1. The foregoing Recitals are true and correct and incorporated
herein.
Section 2. The City Council finds and determines that the City's acquisition of
the Property is, in the City's independent judgment, categorically exempt from the
California Environmental Quality Act ("CEQA") pursuant to 14 C.C.R. § 15301, in that
the "project" for purposes of CEQA is the acquisition of the Property, the demolition of
certain improvements on the Property, and the widening and realignment of the public
right-of-way for Walker Street. The property in question is fully developed and the
demolition of certain improvements and the physical changes necessary to widen and
realign the public right-of-way will not result in any significant adverse impact to the
environment and, in fact, will improve traffic conditions at the site and in the vicinity.
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Section 3. The City Council further finds and determines as follows:
A. That the Agency funding, in an amount up to Three Hundred Fifty-Seven
Thousand Six Hundred Ninety-Five Dollars ($357,695) plus standard escrow fees and
costs, for the cost of acquiring the real property to widen and realign the Walker Street
right-of-way is of benefit to the Project Area, in that the acquisition of the right-of-way
and the subsequent installation and construction of the right-of-way improvements will
serve residents in the Project Area by widening and straightening Walker Street to
provide improved traffic flow and enhanced public safety.
B. That no other reasonable means of financing the portion of the Walker
Street right-of-way acquisition to be funded by the Agency are available to the
community other than Agency funding, in that (i) City general funds are already
committed to expenditures for necessary police, fire, and other public safety purposes,
recreational purposes, administrative and operations and maintenance purposes, and
other previously identified capital improvements; and (ii) City funds are unavailable due
to prior and current State financing needs which have reduced available City revenues.
C. That the Agency's funding identified herein will assist in eliminating one or
more blighting conditions inside the Project Area, in that the Project Area suffers from a
lack of public facilities to meet the needs of residents. At the time the Project Area was
created, it was determined to be a blighted area for physical and economic reasons
including inadequate public right-of-way improvements. The Agency funding to address
the need for the improvements to the public owned right-of-way facilities to meet current
demands thus addresses a blight condition inside the Project Area. Thus the proposed
acquisition of land necessary to construct improvements to Walker Street will alleviate
the blighting influence of inadequate public right-of-way facilities inside the Project Area
by providing for the realignment of Walker Street to serve the Project Area.
D. That the Agency's funding identified herein is consistent with the Agency's
adopted Implementation Plan 2005-2009, in that (i) the improvements to Walker Street
are specifically referred to in the Implementation Plan (Ch. IV § 2.C), (ii) the
improvement of public infrastructure in and serving the Project Area is a specific goal
and objective of the Implementation Plan (Ch. IV, §§ 2.A, 2.B, and 2.C), and (iii)
development of infrastructure, including major street reconstruction and widening, is a
program specifically proposed in the Implementation Plan to eliminate blighting
conditions (Ch. 4, § 4.A).
Section 4. The City Council hereby consents to the Agency's payment of up to
Three Hundred Fifty-Seven Thousand Six Hundred Ninety-Five Dollars ($357,695) plus
standard escrow fees and costs toward the cost of acquiring the Property for the
installation and construction of the Walker Street right-of-way realignment and related
improvements.
Section 5. The City hereby:
(i) approves the Agreement for City's acquisition of the Property, dated on or
about October 27, 2008, in the form presented to the City concurrent with this
Resolution, and authorizes the Mayor and the City Manager, each as the sole required
signatory on behalf of the City, to execute the Agreement on behalf of the City; and
(ii) authorizes the Mayor and the City Manager, each as the sole required
signatory on behalf of the City, to each take such further actions and to sign such further
documents as may be required to consummate the acquisition of the Property, including
executing a Certificate of Acceptance for the Grant Deed so that the Grant Deed may
be recorded in the official records of Orange County; and
(iii) authorizes and directs the City Manager and authorized designees to take
such other and further actions, and sign such other and further documents, as is
necessary and proper to implement this Resolution on behalf of the City; and
(iv) consents to the Agency's authority and direction given to its Executive
Director and authorized designees to take such other and further actions, and sign such
other and further documents, as is necessary and proper in order to implement the
Agency's payment.
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Section 6. All actions required by applicable law to be taken by the City
Council precedent to the adoption of this Resolution have been taken in accordance
with applicable law.
PASSED AND ADOPTED by the City Council of the City of Cy.ress at a regular
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meeting held on the 27th day of October, 2008.
hJ / /
MAYOR OF THE CIT osF CYPRESS
ATTEST:
L
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 27th day of October, 2008, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
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CITY CLERK OF THE CITY OF CYPRESS