5. Has the City complied with the Brown Act as it relates to a decision to sell or lease the property to the developer?
The City Council will make its determination as to the appropriate mechanism for property transfer when it votes to approve such mechanism, which will likely be via either a sale in the form of a Disposition and Development Agreement (“DDA”) or a long -term Ground Lease. The City has not made the final determination at this time, although the City Attorney recommends that the Council approve the transfer of the property via sale pursuant to a negotiated DDA that includes an option to repurchase in certain circumstances under a pre -negotiated formula for determining the repurchase price, as opposed to a long-term ground lease.
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