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Home My Public Portal AboutA1986-10-07 LRA0 0 A6ENBA LYNWOOD REDEVELOPMENT AGNECY OCTOBER 71 1986 REGULAR MEETING 7:30 P,M LYNWOOD CITY•'HALL, M30 BULLIS ROAD JOHN D. BYORK MEMBER EVELYN M. WELLS MEMBER EXECUTIVE DIRECTOR CHARLES G. COMEZ OPENING CEREMONIES A. Call Meeting to Order. B. Roll Call. ( BYORK MORRIS- WELLS- HENNING) ITEMS FOR CONSIDERATION: 1. MINUTES OF PREVIOUS MEETING. E. L. MORRIS MEMBER AGENCY COUNSEL KURT YEAGER MARK J. HUEBSCH Joint /Special City Council /LRA Meeting of August 29, 1986 Regular Meeting of September 2, 1986 Regular Meeting of September 16, 1986 2. A RESOLUTION OF THE REDEVaopp NT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA ALLOWING AND APPROVI14G TFiE DENMDS AND ORDERING WARRANTS ThEREFOR. 3. PUBLIC HEARING: ADOPTION OF A RESOLUTION OF NECESSITY TO INITIATE ENLLNENT DOMAIN PROCEEDINGS AGAINST CERTAIN PROPERTY IN THE REDEVELOPMENT PFOJE(T AREA "A". Comments: The implementation of certain Disposition and Development Agreement by and between the Agency and Lynwood Associates (Hopkins) requires the acquisition of the property known as Lot B and Lot 414 of Tract 2551, Lynwood, owned by the Southern Pacific Railroad Company. The Agency has tendered an offer of fair market value to the owner. 0 LYNWOOD REDEVELOPMENT AGENCY 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213( 603.0220 -1- • 0 Reconarendation That the Agency open public hearing, accept testimony, review the facts and adopt the attached Resolution of Necessity. 4. PROPERTY ACQUISITION IN THE OCNPERCIAL CENTER SITE - CALTRANS Comrents : As directed by the Agency staff has negotiated with CALTRANS the a of surplus property located at the northwest corner of Apricot Street and Fernwood Avenue. CALTRANS has established the fair market value of the property is $42,000 and has submitted a Purchase Sale Agreement to the Agency for approval. Recomuendation That after consideration the Agency adopt the attached Resolution approving the Agreement and authorizing the Chairman to execute all required documents. S. BUDGET AMENDMENTS TO REFLECT THE 1986 TAX ALLOCATION BOND ISSUE. Oomrents In the process of issuing the Bands the Agency had to secure consulting services on financial matters, bond counsel and bond insurance. However, the costs associated with these services were not budgeted for; therefore budget amendments are required to cover these costs. RecomTendation That the Agency adopt the attached Resolution authorizing budget amendments and additional appropriations for mhe additional costs. Notion to adjourn to a Regular Meeting of the Lynwood Redevelopment Agency, to be held on October 21, 1986, in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California. -2- L l U v 6 • JOINT SPECIAL MEETING AUGUST 29, 1986 The City Council of the City of Lynwood met in a joint session with the Lynwood Redevelopment Agency in the City Hall, 11330 Bullis Road, on the above date at 5:00 p.m. Mayor Pro Tem Wells in the chair. Chairman Pro Tem Wells in the chair. Councilpersons Byork, Morris, Wells, answered the roll call. Members Byork, Morris, Wells answered the roll call. Mayor /Chairman Henning was absent. Also present were City Manager /Executive Director Gomez, City Attorney /General Counsel Yeager and City Clerk /Secretary Hooper. Mayor Pro Tem /Chairman Wells announced the time had arrived to conduct a public hearing on the Tax Increment set aside for housing. The Mayor Pro Tem /Chairman inquired if anyone present wished to speak in favor of or in opposition to the resolution. City Attorney /General Counsel Yeager requested that the staff report of Statement of Existing Obligations and Existing Projects Programs and Activities be made part of the hearing. Mayor /Chairman Henning arrived at 5:10 p.m. There was no response and the public hearing was closed. After the Agency /Council discussion, LRA RESOLUTION NO. 86 -30 entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.2." was presented. It was moved by Chairman Henning, seconded by Mr. Byork, that the resolution be adopted. ROLL CALL AS THE AGENCY: ES: MEMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE LRA RESOLUTION NO. 86 -31 entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING AND ADOPTING STATEMENTS OF EXISTING OBLIGATIONS, PROJECTS, PROGRAMS, AND ACTIVITIES OF THE PROJECT AREA "A" AS AMENDED." was presented. It was moved by Mrs. Wells, seconded by Chairman Henning, that the resolution be adopted. ROLL CALL AS THE' AGENCY AYES: MEMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE After further Council discussion, It was moved by Mayor Henning, seconded by Councilperson Morris and carried, to receive and file the Statement of Existing Obligations, and Existing Projects Programs and Activities. There was no further business and it was moved by Mr. Morris, seconded by Chairman Henning and carried, to adjourn to September 2, 1986. It was moved by Councilperson Morris, seconded by Mayor Henning and carried to adjourn to September 2, 1986. ayor C airman APPROVED OCTOBER 7, 1986 J �1 City Clerk/Secretary I" REGULAR MEETING SEPTEMBER 2 ,986 The Lynwood Redevelopment Agency met in a regular session in the City Hall, 11330 Bullis Road, on the above date at 7:51 p.m. Chairman Henning in the chair. Members Byork, Morris, Wells, Henning answered the roll call. Also present were Executive Director Gomez, General Counsel Yeager, Secretary Hooper and Treasurer Wright. The Chairman announced the time had arrived to conduct a public hearing on the approval of an Amended and Restated Disposition and Development Agreement for Imperial Highway and Long Beach Associates. The Chairman opened the public hearing and inquired if anyone present wished to speak in favor of or in opposition to the agreement. Hearing none, the public hearing was closed. Mrs. Wells stated there is to be a 7 -11 store and questioned if it will be too close to the development. Chairman Henning questioned whether the two houses located near the development should be considered and this item be taken off the agenda until something was decided. Community Development Director Mas stated the owner of the property is not interested in selling the property at this time. The proper- ty is outside the boundries. Executive Director Gomez stated any- thing considered residential is excluded from the project area. After further discussion, LRA RESOLUTION NO. 86 -32 entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE SALE OF REAL - PROPERTY IN THE REDEVELOPMENT PROJECT AREA "A" TO IMPERIAL HIGHWAY AND LONG BEACH ASSOCIATES, APPROVING PRELIMINARY ASSESSMENT OF ENVIRONMENTAL IM- PACT AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT." was presented. It was moved by Mr. Byork, seconded by Mrs. Wells, that the resolu- tion be adopted, approve the agreement and certifying the notice of environmental determination. ROLL CALL: AYE�EMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE After the Agency disucssion, staff was instructed to continue negotiations with Mr. Kelley. Chairman Henning announced the time had arrived to conduct a public hearing on the adoption of a resolution of necessity to initiate eminent domain proceedings against certain property in the redevelop- ment project area "A ". The Chairman inquired if anyone present wished to speak in favor of or in opposition to the resolution. General Counsel Yeager stated a letter had been received from the attorney representing the client requesting to speak to this item. Steven Cuevas, Santa Ana, California, Attorney for Mr. Floyd Head, stated there have been two offers made and his client does not understand which offer is valid. General Counsel Yeager stated the offers include all of the elements on the property. Stated staff is sure an agreement cannot be reached. Staff will continue to negotiate in an effort to reach an agreement. Hearing no further response, the public hearing was closed. Mr. Byork questioned whether or not the two attorneys could get together and reach some sort of agreement. Would like to see Mr. Head remain in the city. - v~ Mrs. Wells state 5he was in agreement witi p Mr. Byork and wants to see the development go forward. Mr. Morris stated the two attorneys should be able to reach some sort of agreement and if not, then there will be no other alterna- tive but to start eminent domain proceedings. After further agency discussion, LRA RESOLUTION NO. 86 -33 entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY DIRECTING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF LYNWOOD, CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (HEAD)." was presented It was moved by Chairman Henning, seconded by Mrs. Wells, that the resolution be adopted. ROLL CALL: A7 BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE It was moved by Mr. Morris, seconded by Mr. Byork and carried, that the minutes of the following meetings be approved as written: Adjourned /Regular Meeting - July 21, 1986 Special Meeting - July 30, 1986 Regular Meeting - August 5, 1986 Special Meeting - August 12, 1986 Regular Meeting - August 19, 1986 Joint /Special Meeting - August 19, 1986 LRA RESOLUTION NO. 86 -35 entitled: "A RESOLUTION OF THE REDEVELOP- MENT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA ALLOWING AND APPROV- ING THE DEMANDS AND ORDERING WARRANTS THEREFOR." It was moved by Mrs. Wells, seconded by Mr. Morris, that the resolution be adopted. ROLL CALL AYES: MEMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE LRA RESOLUTION NO. 86 -35 entitled: "A RESOLUTION OF THE LYNPlOOD REDEVELOPMENT AGENCY TO ENTER INTO AN AGREEMENT WITH KATZ, HOLLIS, COREN AND ASSOCIATES, INC." was presented. It was moved by Mr. Bvork, seconded by Mr. Morris that the resolu- tion be adopted and the agreement approved. ROLL CALL: =7 BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE LRA RESOLUTION NO. 86 -36 entitled: "A RESOLUTION OF THE REDEVELOP- MENT AGENCY OF THE CITY OF LYNWOOD AUTHORIZING THE SOLICITATION OF INFORMAL BIDS FOR DIFFERENT PORTIONS OF THE WATER MAINTENANCE YARD RELOCATION PROJECT." was presented. It was moved by Mrs. Wells seconded by Mr. Byork, that the resolution be adopted. ROLL CALL: AYES MEMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE Executive Director Gomez stated word had been received from Hopkins Development asking for a thirty (30) day extension on his agreement. After the Agency discussion, It was moved by Chairman Henning, seconded by Mrs. Wells to approve the thirty (30) day extension. Ll Ur -), • • ROLL CALL: AYES: MEMBERS BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE There was no further business and it was moved by Mrs. Wells, seconded by Mr. Byork and carried, to adjourn to September 16, 1986. . Chairman APPROVED OCTOBER 7, 1986 Secretary v 1. • 0 REGULAR MEETING SEPTEMBER 16, 1986 The Lynwood Redevelopment Agency met in a regular session in the City Hall, 11330 Bullis Road, on the above date at 7:3S p.m. Chairman Henning in the chair. Members Byork, Morris, Wells, Henning answered the roll call. Also present were Executive Director Gomez, General Counsel Yeager, Secretary Hooper and Treasurer Wright. LRA RESOLUTION NO. 86 -37 entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND ORDERING WARRANTS THEREFOR." was presented. It was moved by Mr. Byork, seconded by Mr. M Tris, that the resolution be adopted. ROLL CALL: AIES BYORK, MORRIS, WELLS, HENNING NOES: NONE ABSENT: NONE There was no further business and it was moved by Mrs. Wells, seconded by Mr. Morris and carried, to adjourn to October 7, 1986. Ch airman APPROVED OCTOBER 7, 1986 cretary J - ? I �I RESOLUTION NO. LRA A RESOLUTION OF THE REDEVELOPMENT, AGENCY OF THE CITY OF LYNWOOD, LYNWOOD CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND ORDERING WARRANTS THEREFOR The Redevelopment Agency of the City of Lynwood does hereby resolve as follows: Section 1. That the demands presented, having been regularly audited, are hereby allowed and approved, and that warrants or ere yawn therefor by the Agency Treasurer to the payee and in the amounts indicated. CHECK NO. • Bank of America 1564 1565 1566 1567 1568 1569 1570 1571 1572 First State Bank PAYEE DESCRIPTION AMOUNT AREA A ALAMEDA At -Lyn Office Supply Office supplies $ 57.11 $ 28.56 $ 28.55 California Journal Subscription renewal 24.95 12.48 12.47 Century Demolition Co. Building demolition - Fernwood 3,100.00 3,100.00 -0- Compton Blueprint& Supply Redevelopment maps 94.32 47.16 47.16 Harbinger Services Urban planning assistance 135.00 67.50 67.50 Katz Hollis Coren & Assoc. Redevelopment conference 190.00 95.00 95.00 Los Angeles Times Notice of public hearing 565.02 565.02 -0- Quik Courier Service Courier service 26.40 26.40 -0- Willdan Associates Professional svc.- 6/30- 7/11/86 951.82 951.82 -0- 212 lone Ball Final payment on Ball Property 101,803.14 101,803.14 -0- 213 lone & Harry Ball Final payment on Ball Property 32,148.36 32,148.36 -0- TOTAL 250.6 Section 2. That the Agency Secretary-shall certify to the adoption of this resolution and shall deliver a certified copy to the Agency Treasurer and shall retain a copy thereof for his record. PASSED, APPROVED AND ADOPTED THIS DAY OF , 1986. CHAIRMAN, Lynwood Redevelopment Agency ATTEST: AGENDA ITEM SECRETARY • • DATE: October 7, 1986 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY / FROM: Vicente L. Mas, Director, Community Development (�/l SUBJECT: ADOPTICN OF A RESOLUTION OF NECESSITY OF CERTAIN REAL PROPERTY KNOW AS LOT B AND LOT 414 OF TRACT 2551 (SOUTHERN PACIFIC RAILROAD PROPERTY) IN THE REDEVELOPMENT PROJECT AREA "A" IN THE CITY OF LYNMOD To request that the Agency adopt the attached Resolution of Necessity for the condemnation and acquisition by Eminent Domain of the property known as Lot B and Lot 414 of Tract 2551, Lynwood. FACTS: 1. It is the goal of the Agency to acquire the referenced property for redevelopment purposes. 2. Acquisition of the property is specifically necessary to imple- ment certain Disposition and Development Agreement (DDA) by and between the Lynwood Redevelopment Agency and Lynwood Associates. 3. The subject property is caned by the Santa Fe Pacifica Realty Corporation (Southern Pacific Railroad) and particularly described in Exhibit A and B to the attached Resolution. The subject property is vacant. 4. A real estate appraisal update dated March, 7, 1986 prepared by the Donahue & Company Inc. established a fair market value (FMV) of $106,400. This value covers land only. 5. The question of value is not being determined at this time. The value of the property will be determined in the Superior Court of Los Angeles County if no negotiated settlement is reached between the Owner and the Agency. 6. On August 28, 1986 the Agency's Counsel, submitted the required statutory offer for purchase of the property at the appraised Fair Market Value. This offer was in the amount of $106,400. No response has been received as of this date. 7. On September 16, 1986 the Agency's Counsel as per Agency direc- tives notified the Santa Fe Pacifica Realty Corporation of the Agency's intention to adopt a Resolution of Necessity to condemn the property (Notice of Intention). 8. Pursuant to Code of Civil Procedure Section 1240,030 (Notice of Intent) the affected property owner(s) has 15 days from the mailing of the Notice of Intention to file a written request to appear and be heard by the Agency at the Public Hearing. Failure to file the written request as indicated results by law in a waiver of the owner's right to appear and be heard. As of the time of preparation of staff report no written request has been filed with the Department. ANALYSIS & CONCLUSION The property under consideration Lot B and Lot 414 of Tract 2551 is a portion of Lynwood Redevelopment Project Area "A ". The property is additionally a portion of the "Site" as identified in certain Disposition and Development Agreement (DDA) entered into by and between the Agency and Lynwood Associates (Hopkins) and dated February 25, 1986. Santa Fe Pacifica Realty Corporation, the owner of the subject property, was sent a notice of publi hearing at which the DDA was approved (2/20/86). AGE:NDL IlEt +i -1- I — The Site is part of a redevelopment project that has been found to be a blighted area. Project Area "A" suffers from chronic lack of investment, particularly commercial investment. The activities to be undertaken pursuant to the DDA will upgrade the Site, the Project Area, promote the economic development and community enhancement goals of the Redevelopment Plan and further the general health, safety and welfare. The assemblage of the Site is necessary to create an econcmically viable development unit; the Agency has previously made a finding to that effect as evidenced in Section 2 of the LRA Resolution 86 -6 approving the sale of real property to Lynwood Associates and authorizing the execution of the DDA. The Agency and the property owner, Santa Fe Pacifica Realty Corporation, have not reached an agreement to the acquisition by the Agency of the subject property. In order to further the assemblage of a site for development pursuant to the above referenced DDA, the REsolution of Necessity for condemnation should be adopted at this time. Upon approval of the Resolution of Necessity, the Agency's Counsel would immediately initiate Eminent Domain proceedings. The value of the property will ultimately be determined by the Court in these proceedings. Staff respectfully requests that the Agency open the Public Hearing, accept testimony, review the facts and adopt the attached Resolution of Necessity. ATI'ACHM=S : 1) Letter from Counsel of August 28, 1986 2) Notice of Intention 3) Resolution of Necessity FRITE R. STRADLING NICK E. YMCA C. CRAIG CARLSON WILLIAM R. RAUTN 111 K. C. SCMAAF RICHARD C. GOODMAN JOHN A MURPHY THOMAS R CLARK, JR. BEN A. FRTDMAN OAVID R. MCCWEN PAUL U GALE RUDOLPH C. SHEPARD ROBERT J. KANE M. 0. TALBOT BRUCE C. STUART DOUGLAS F. MIGHAM C. KURT YEAGER ROBERT J. WHALEN ROBERT E. RICH PETER J. TENNYSON THOMAS A. PISTONE SCOTT [ MCCONNELL OF DIETwIOT OF Cauxn. BAR PNLv JTBADLING, YOCCA, CARLSON & R UT$ A PROFESSIONAL CORPORATION RANDALLJ. SHERMAN ATTORNEYS AT LAW BRUCE W. FEUCHTER MARK J. HUEBSCH 660 NEWPORT CENTER DRIVE, SUITE 1600 KIRK F. MA LOONADO KAREN A. ELLIS. POST OFFICE BOX 7660 ELIZABETH C. GREEN ERNEST C. BROWN NEWPORT 6EACH, CALIFORNIA 82660.6441 BRUCE D. MAY PEGI A. GROUNDWATER TELEPHONE (714) 640-7035 DONALD J. HANNAN JOHN J. SWIGART, JR. NEILA R. BERNSTEIN PAUL A. SCHMIDHAUSER CHRISTOPHER J. KILPATRICK NANCY RADER WHITEHEAD MARK W. OUVOISIN V. ALAN BERG FELD JOEL N. RUTH LAWRENCE B. COHN ANN O. CATRON 'LAWRENCE W. HORWITZ HARRIS L COHEN August 28, 1986 Jim LeMont Santa Fe Pacifica Realty 3230 East Imperial Highway Suite 100 Brea, CA 92621 Re: Lynwood Property Dear Mr. LeMont: JOHN E. BRECKENRIDGE PENA C. STONE O[ COV x6[L TELECOPIER (714) 840.7002 FEDERAL EXPRESS ZAPNET (714) 0.. -7077 Enclosed is a draft agreement relative to the sale of certain property within the City of Lynwood by Santa Fe Pacifica Realty to the Lynwood Redevelopment Agency. It is my understanding that Stephen Hopkins of Hopkins Development has spoken to you concerning the subject property. A legal description and map of the subject property will be forwarded shortly. We would appreciate your immediate repsonse. Please contact the undersigned or E. Kurt Yeager, City Attorney, at the phone number shown above. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Mark J. Huebsch, Esq. i MJH : pmm Enclosure CC: Vicente Mas • • STRADLING, YOCCA, CARLSON & RAUTH A PROFESSIONAL CORPORATION FRITZ R. STRADLING NICK E. YOCCA C. CRAIG CARLSON WILLIAM R. RAUTH III K. 3 C. CHAAF RICHARD C. GOODMAN JOHN J. MURPHY THOMAS P. CLARK, JR. BEN A. FRYDMAN DAVID R. MCEWEN PAUL L. GALE RUDOLPH C. SHEPARD ROBERT J. KANE M. D. TALBOT BRUCE C. STUART DOUGLAS F. HIGHAM E. KURT YEAGER ROBERT J. WHALEN ROBERT E. RICH PETER J. TENNYSON THOMAS A. PISTONE SCOTT E. MCCONNELL ♦ MEMIEK OF DISTRICT OF cow.P1. un oNLr RANDALL J. SHERMAN ATTORNEYS AT LAW BRUCE W. FEUCHTER MARK J. HUEBSCH 660 NEWPORT CENTER DRIVE, SUITE 1600 KIRK F MALDONADO KAREN A. ELLS* POST OFFICE BOX 7660 ELIZABETH C. GREEN ERNEST C. BROWN NEWPORT BEACH, CALIFORNIA 92660 BRUCE O. MAY TELEPHONE (714) 640 RED$ A. GROUND ER DONALD J. HAMMAN JOHN J. SWIGART. JR. NEIL^ R. BERNSTEIN PAUL A. SCHMIDHAUSER CHRISTOPHER J. KILPATRICK NANCY RADER WHITEHEAD MARK W. DUVOISIN V. ALAN SERGFELO JOEL H. GUTK LAWRENCE B. COHN ANN D. CATRON LAWRENCE W. HORWITZ FREDERICK A. BRYSON HARRIS L.COHEN r) ,- VIA FEDERAL EXPRESS September 16, 1986 Mr. Kenneth R. Mullens Senior Planner /Redevelopment Lynwood Redevelopment Agency 11330 Bullis Road Lynwood, CA 90262 Re: Southern Pacific Railway Acquisition Dear Ken: JOHN E. BRECKENRIDGE RENA C. STONE TELECOPIER 7141 640.9332 FEDERAL EMPRESS ZAPNET (714) 544 -7079 As we discussed today, enclosed is the Government Code offer in the above - entitled matter which should be mailed as soon possible. Also enclosed is a draft of the redevelopment resolution of necessity which we had previously prepared in connection with our meeting last week. Finally, also enclosed is a copy of the notice of the hearing of October 7 for the adoption of the resolution of necessity. It was mailed to Southern Pacific Transportation Co. c/o Santa Fe Pacifica Realty. If you have any questions or would like to discuss this, please call me. Very truly yours, STRADLING, YOCCA, Donald J. Hamman CARLSON & RAUTH DJH:d Enclosures 1 ® • NOTICE OF INTENTION OF THE LYNWOOD REDEVELOPMENT AGENCY TO ADOPT A RESOLUTION OF NECESSITY TO CONDEMN PROPERTY FOR THE IMPLEMENTATION OF THE LYNWOOD TOWNE CENTER DEVELOPMENT PROJECT YOU ARE HEREBY NOTIFIED pursuant to Code of Civil Procedure Section 1245.235, that the Lynwood Redevelopment Agency ( "Agency ") intends to consider for adoption and to adopt a resolution to condemn property for the Lynwood Towne Center Development Project, which property is shown on the attached map as Exhibit "A" and described in Exhibit "B. ". Acquisition of the property is specifically necessary to complete the Lynwood Towne Center Development Project. The hearing by the Lynwood Redevelopment Agency on the resolution is set for 7:30 p.m. on October 7, 1986, (or as soon thereafter as the Lynwood Redevelopment Agency can hear the matter) in the City Council Chambers, City Hall, 11330 Bullis Road, Lynwood, California. YOU ARE FURTHER NOTIFIED, pursuant to Code of Civil Procedure Section 1240.030, that the issues to be considered at the hearing include: (1) whether the public interest and necessity require the project; (2) whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) 8 • whether the property sought to be acquired is necessary for the project; and (4) whether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. You have a right to appear and be heard on these matters, but if you desire to do so you must file a written request to appear and be heard within 15 days of the mailing of this Notice by filing and delivering a written request to: Vicente Mas Community Development Director Lynwood Redevelopment Agency 11330 Bullis Road Lynwood, California 90262 Your failure to file a written request to appear and be heard within 15 days after this notice was mailed will result by law in a waiver of your right to appear and be heard. For further information, contact: Donald J. Hamman, Esq. Stradling, Yocca, Carlson & Rauth 660 Newport Center Drive, Ste. 1600 Newport Beach, California 92660 (714) 640 -7035 Dated: September (C,, 1986 STRADLING, YOCCA, CARLSON & RAUTH By: Donald J. Ma an Special C set 54321/2019/28 -2- SANUORN Ave 1, TRACT NO 2551 v M. 0. 24 -70 -O0 _ — '447 449 440 — — — "'— — — 440 "• 445, 444 42 ,a 1 /y 'o , 4 .70 J 44 O /0 r ; •�. , 1 1 l' l lid /I x o ' a 4�0 W 4S� 1 4 r y e 4 ` ) S h _ ' .1 4 ?3 4 /Vlr 453 43 Q 11'1 • t • / !c, 4 �4 , V('� f j0 •' s '� 434 1 l ' ' tL d \J 4 J 1 a J N �c,A T toot (4109 606.. ' 4� a .. ..... \ • . ' " 61, M J t o . �� ` - Got., 6 069 i1 �� b 0 f ♦a 101 111V .114'1 111 455-4 fIY: Ir 01 101 LEGAL DESCRIPTION Lot 414 and Lot B of Tract Nurber 2551 in the Citl of Lynw:,od, County of Los Angeles, State of California, as per maps recorded in Book 24, Pages 78 -80 of Maps in the office of the County Recorder of Los AngeleF County. J EXHIBIT B 09MINVIIII 10 0 A RESOLJTICN OF THE LYNWOOD REDEVELOPKNT AGENCY, DIRECTING AND AUTHORIZING THE CaM MNATION OF CERTAIN REAL PROPERTY IN THE CITY OF LYN[+IOOD, CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEFEFOR. (SOUTHERN PACIFIC RAILROAD) N EREAS, the Lynwood Redevelopment Agency ( "Agency ") is a redevelopment agency duly formed, organized and existing pursuant to and under the provisions of the State Cc"munity Redevelopment law (the "Law ") (codified at California Health and Safety Code Sections 33000 et seq.); and M EREAS, Section 33391 of the Law authorizes the Agency to acquire real property be exercising the power of eminent domain; and M EREAS, pursuant to Section 1245.235 of the Code of Civil Procedure of the State of California, notice was duly given to and /or waived in writing by the owners) of the property proposed to be taken by eminent domain and a hearing on the public interest and necessity of the taking was held by the Menbers of the Agency on October 7, 1986. •f 'i is i + i ` ••• • M• :i' • FA M •• •a: Section 1 . The Agency hereby finds and determines that the public interest and necessity require for use the acquisition of real property, as more particularly described in Section 2 hereof, for the purpose of redevelopment. Section 2 . The real property, the acquisition of which is required by the public interest and necessity for the use and purposes set forth in Section 1, is situated in the City of Lynwood, County of Los Angeles, State of California, as outlined on the map attached hereto as Exhibit "A" and incorporated herein by reference and as more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. Section 3 . The Agency hereby finds and determines that the redevelopment of said real property is planned and located in a manner which will be most conipatible with the greatest public good and the least private injury. Section 4 . The Agency hereby finds and determines that an offer of fair market value has been made to the owner(s) of said real property pursuant to Section 7267.2 of the Government Code of the State of California. Section 5 . The Agency hereby declares its intention to acquire the property described in Section 2 hereof by proceedings in eminent domain. The law firm of Stradling, Yocca, Carlson & Rauth, a professional corperation, is ordered and directed to bring an action in the Superior Court of the State of California in and for the County of Los Angeles, in the nacre of the Agency, against all owners and claimants of the property described herein for the purpose of eondeming and acquiring said property for the public use of said Agency, for the purpose of redevelognent, and to do all things necessary to prosecute said action to its final determination in accordance with the pro- visions of law applicable thereto. Said attorneys are authorized and instructed to make such money deposits as may be necessary or appropriate or as said Court may direct and to seek an Order permitting the Agency to take possession and use of said real property for the use and purposes herein described as soon as possible. • 0 Section 6 . 'The Agency hereby adopts this Resolution and directs and authorizes the Chairman and Secretary of the Agency to sign and verify any and all omplaints, or other instruments necessary to maintain said action in ci)ndemnaticn. PASSED, APPROVED and ADOPTED by the Lynwood Redevelopment Agency at a regular meeting duly on the of , 1986. ROSERS HENNING, Chairman Lynwood Redevelogrent Agency ••• gym• • •' • ANDREA L. HOOPER, Secretary Lynwood Redevelopment Agency APPROVED AS TO FORA: VICE[TiE L. MAS, Director Community Develogrent Department General Counsel Amounting Manager STATE OF CALIFORNIA ) ss. COUNTY OF IDS ANGELES ) 0 I, the undersigned, Secretary of the Lynwood Redevelopmnt Agency, do hereby certify that the above and foregoing resolution was duly adopted by the said Agency at a regular meeting thereof held in the City Hall of the City of Lynwood on the day of , 19 , and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) Secretary Lynwood Redevelopmnt Agency I, the undersigned, Secretary of the Lynwood Redevelognent Agency, do hereby cerfity that the above and foregoing is a full, true and correct copy of Resolution No. LRA on file in my office and that said resolution was adopted on the date and by the vote therein stated. DATED this day of , 1986. Secretary Lynwood Redevelopmnt Agency E PARCEL 1: E Lot B and Lot 414 of Tract 2551, in the City of Lynwood, as per map recorded in Book 24, Pages 78 to 80 of Maps in the office of the County Reoorder of said County. I' • '.Mq Those portions of Chester Street, 50 feet wide; Sanborn Avenue, 40 feet wide; Plaza Street, 40 feet wide; and Court Street, which adjoin said Parcel 1 on the Northwest, North, West and Southwest respectively which would pass by a legal conveyance of said Parcel EXHIBIT B DATE: October 7, 1986 TO: HONORABLE CHAIRMAN AND ME�MRS OF THE AGENCY FROM: Vicente L. Mas, Director, Community Develogrent P�TWN • M 15 r ' 8109ye r m r m �• �• Se PURPOSE To request that the Agency adopt the attached Resolution approving the acquisition of Caltrarr. surplus property and execute the Purchase Sale Agreement. FACTS 1. The subject property is located in Project Area "A" adjacent to the Lynwood Towne Center boundary in the area more commonly refered to as the Commercial Center Site. 2. The Agency has received and previously approved the Department of Transportation's offer to sell excess property in the Commercial Center Site. 3. The Agency is required to submit a check in the amount of $4,200.00 as a deposit with this Purchase Sale Agreenent. The balance of the purchase price $37,800.00 shall be paid within 30 days from the date of the demand from the seller. 4. All sales are made subject to the approval of the California Transportation Commission. ANALYSIS: The acquisition of the subject property represents only one step towards the successful develogrent of the entire Commercial Center Site. Since the subject property is vacant, there will be no exposure by the Agency to relocation costs or any other unforeseen liabilities. Staff respectfully requests that the Agency adopt the attached Resolution approving the attached Agreemrent and authorizing the Chairman to execute all required documents. 1. Resolution 2. Agreement LRA RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDFVELDPMENT AGENCY APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THn DEPAFM4ENT OF TRANSPORTATION OF THE SPATE OF CALIFORNIA AND AUTHORIZING EXECUTION OF AN AGREEMENT TP WHEREAS, the Lynwood Redevelopment Agency (The "Agency ") wishes to acquire certain real property from the Department of Transportation of the State of California (The "CALTRANS Property ") for the purpose of implementing the provisions of the Redevelopment Plan for the Redevelopment Project Area "A "; and MEREAS, the acquisition by the Agency of the CALTRANS Property as described in the form attached hereto as Exhibit A is necessary for the assembly of a developable site in the Commercial Center Site in the Redevelop - ment Project Area "A "; and vzmFFAS, on May 20, 1986, the Agency approved the acquisition of the CALTRANS Property by minute order; and ME;REAS, the Department of Transportation of the State of California requires that the Agency approve the acquisition by resolution. NOW, THEREFORE, the Lynwood Redevelopment Agency does resolve as follows: Section 1 . The Lynwood Redevelopment Agency approves the acquisition of the CALTRANS Property as described in the form attached hereto as Exhibit A. Section 2 . The Lynwood Redevelopment Agency directs and authorizes staff to take all appropriate action to effectuate the a and authorizes the Chairman to execute all required acquisition documents. PASSED, APPROVED AND ADOPTED this ATTEST: ANDREA L. HOOPER, Secretary Lynwood Redeve opment Agency ••.• • • General Counsel day of ROBERT HENNING, Chairman Lynwood Redevelopment Agency VI L. MAS, Director Community Development DeparbTent Accounting Manager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) 0 I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above and foregoing resolution was duly adopted by the said Agency at a regular meeting thereof held in the City Hall of the City of Lynwood on the day of 1986, and passed by the following vote: AYES: NOES: STA'G'E OF CALIFORNIA ) COUNTY OF IDS ANGELES ) Secretary Lynwood Redevelopment Agency I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. LRA on file in my office and that said resolution was adopted on the date and by the vote therein stated. DATED this day of , 19 Secretary Lynwood Redevelopment Agency i J t Um a ; LL 0 7 ' 1 0 O 1 f�4 4� 4 4> ..... ........ . :. , .: . . . ...::.:.. :.... •.:.• .:.::.....:....... .. .... .. .:•. .. ... . ...... .. .. .:.... . . ....;,:•.: i� .:... .'�1:•::::::..::. .., .. ..,... .:....,; .... ' ......... ...... ..... ::.:: : :: .............� ...... .. .............. .... `` . . ..... ..................... . ......... .....5..I......�lA .. .... ....,� .... .:.. ... �. P'�I. b ti �b �4 tv 1 n � �yN f Q r� 4 r a r� 14, L9 MM� �W W 07 -LA- 105 -11.2 P U R C H A S E S A L E A G R E E M E N T FULL PAYMENT In this agreement dated by and between hereinafter know as BUYER and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as SELLER, the parties agree as follows: For the sum of FORTY -TWO THOUSAND dollars ($ 42,000.00 ), Buyer h Seller hereby agrees to sell the real reby agrees to purchase an property commonly known as LOTS 17, 18 AND BLOCK 16 OF MODJESKA PARK TRACT and legally described on Director's Deed No. DD 062083 -01 101 a copy of which is attached hereto. Subject to the following conditions: I All sales are made subject to the approval of the California Transpor- tation Commission. lei Tendered with this agreement is a check in the amount of $ 4,200.00 as a deposit on said property. The remainder of the purchase price in the amount of $ 37,800.00 shall be paid within 30 days from the date of the from the Seller. Said demand shall be made, in writing, following approval of the sale by the California Transportation Commission, at the time the fully executed Director's Deed is available for delivery and recordation. In the event the Buyer fails to pay the balance owing on demand, it is agreed that the sale may be cancelled by written notice and that the Seller may retain the deposit as an offset against its actual damages and expenses in processing this transaction. III The buyer agrees to pay any and all recording fens, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees be forwarded. IV In the event the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest thereon. - 1 - Ex /L 2/82 V It is expressly understood by the Buyer that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the Seller. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. The property is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. AM The Seller is willing to process this sale at no charge to the Buyer, except as set forth in paragraph III above, or the Buyer, at his option may open an escrow at his own expense. No escrow fees will be paid by the Seller. VII The Buyer agrees that title to the property being conveyed shall not pass until the purchase price has been paid in full and that Buyer shall have no use of the property until the Director's Deed has been recorded. The Buyer hereby agrees to the above terms and conditions of sale. Please indicate exactly how title is to be vested date The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. PHILL P N B ��Y Department of Transportation Right of Way Agent Excess land Sales Phone (213)620 -3757 PNB:ivs 07 -LA- 105 -11.2 P U R C H A S E S A L E A G R E E M E N T FULL PAYMENT In this agreement dated by and between hereinafter know as BUYER and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as SELLER, the parties agree as follows: For the sum of dollars ($ 42,0 Seller herebv DRTY -TWO TH 00.00 ), Buyer hereby agrees to purchase an agrees to sell the real property commonly known as LOTS 17, 18 AND 19 in BLOCK 16 OF MODJESKA PARK TRACT and legally described on Director's Deed No. a copy of which is attached hereto. Subject to the following conditions: I All sales are made subject to the approval of the California Transpor- tation Commission. II Tendered with this agreement is a check in the amount of $ 4,200.00 as a deposit on said property. The remainder of the purchase price in the amount of $ 37,800.00 shall be paid within 30 days from the date of the demand from the Seller. Said demand shall be made, in writing, following approval of the sale by the California Transportation Commission, at the time the fully executed Director's Deed is available for delivery and recordation. In the event the Buyer fails to pay the balance owing on demand, it is agreed that the sale may be cancelled by written notice and that the Seller may retain the deposit as an offset against its actual damages and expenses in processing this transaction. III The buyer agrees to pay any and all recordin3 fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees be forwarded. IV In the event the California Transportation COmrr.ission fails to approve this sale, all mon._es heretofore paid by she Buyer will be refunded without interest thereon. - 1 - Ex /L 2/82 ►IVA It is expressly understood by the Buyer that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the Seller. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. The property is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. VI The Seller is willing to process this sale at no charge to the Buyer, except as set forth in paragraph III above, or the Buyer, at his option may open an escrow at his own expense. No escrow fees will be paid by the Seller. VII The Buyer agrees that title to the property being conveyed shall not pass until the purchase price has been paid in full and that Buyer shall have no use of the property until the Director's Deed has been recorded. The Buyer hereby agrees to the above terms and conditions of sale. date Please indicate exactly how title is to be vested The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. O,Uy�� PHILL P N. BRIE Y Department of Transportation Right of Pray Agent. Excess land Sales Phone (213) 620 -3757 PNB:ivs 0 0 DATE: October 7, 1986 TO: HONORABLE CHAIRMAN AND MD�MERS OF THE AGENCY FROM: Donald J. Fraser, Acting Assistant City Manager SUBJECT: BUDGET AMENDMENTS TO REFLECT THE 1986 TAX ALLOCATION BOND ISSUE PURPOSE To have the Agency adopt a resolution amending the Fiscal Year 1986 -87 budget to reflect the 1986 Tax Allocation Bond Issue. ISTAW&V 1. On August 19, 1986, the Agency sold $3,750,000 in Series 1986 Tax Allocation Bonds. 2. The bonds were sold on a competitive bid basis. The low bid was submitted by Smith Barney Harris Upham & Co., Inc. at an interest rate of 6.93 %. 3. The bond issue was formally closed on August 28, 1986, and the Agency has received the bond funds. 4. Certain services were performed for the Agency in the course of the bond issue which were not budgeted for. Budget amenarents are needed to cover these items. ANALYSIS An additional appropriation of funds is needed for the following services: 1. Financial Consultant Miller- Schroeder Municipals, Inc., was the financial consultant for the issue. Their fee was $20,000. 2. Bond Counsel The firm of Stradling, Yocca, Carlson & Rsuth were the Bond Counsel for the issue at a fee of $18,373 3. Bond Insurance AMBAC Indemnity provided bond insurance for the issue at a cost of $64,776.93. RECONTMATION It is recamiended that the Agency adopt the attached resolution authorizing budget amendments and additional appropriations for services performed. AGENDA ITEM 5 RESOLUTION NO. 0 A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO MAIE THE FOLLOWING ADDITIONAL APPROPRIATIONS AND BUDGET AMENDMENTS TO COVER THE COST OF ISSUANCE OF THE SERIES 1986 TAX'ALLOCATION BOND ISSUE WHEREAS, the Agency issued $3,750,000 in Series 1986 Tax Allocation Bonds; and WHEREAS, the fiscal year 1986 -87 budget does not reflect the sale of these bonds; and WHEREAS, an additional appropriation is needed to cover the services of Bond Counsel, Financial Consultant and for the purchase of bond insurance. NOW, THEREFORE, the Lynwood Redevelopment Agency does hereby find, determine, order and resolve as follows: Section 1 . The Executive Director and or his designee is authorized to make the following budget amendments and additional appropriations: Area A Redevelopment Fund Revenue: Fran To 12 -4020 Bond Proceeds $2,000,000 $3,750,000 Expenditures From $103,152 12 -5019 Insurance $ 64,777 Area A Redevelopment Fund Unappropriated 12 -5020 Legal Services 18,375 Fund Balance 12 -5031 Financial Serv. 20,000 $103,152 adoption. Y Section 2 . This resolution shall take effect immediately upon its day , 1986. ANDREA L. HOOPER, Secretary Lynwood Redevelopment Agency ••0 • • •• ROBERT HENNING, Chairman Lynwood Redevelopment Agency DONALD J. FRASER, Acting Assistant City Manager City Attorney Accounting Manager