HomeMy Public PortalAboutA 2015-12-01 OB_LSAThis Agenda contains a brief general description of each item to be considered. Copies of the
Staff reports or other written documentation relating to each item of business referred to on the
Agenda are on file in the Office of the City Clerk and are available for public inspection. Any
person who has a question concerning any of the agenda items may call the City Manager at
(310) 603 -0220, ext. 200.
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
TO THE DISSOLVED LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
DECEMBER 1, 2015
3:00 P.M.
COUNCIL CHAMBERS
LYNWOOD CITY HALL
NOV 1 9 2015
CITY OF LYNWOOD
CITY Ca ERRKS OFFICE
11330 BULLIS ROAD, LYNWOOD, CA 90262
LUIS VALENZUELA
CHAIR
DR. KEITH CURRY
VICE CHAIR
MICHELLE BANKS- ORDONE
BOARD MEMBER
BRUNO NAULLS
BOARD MEMBER
OPENING CEREMONIES
CALL TO ORDER
J. ARNOLDO BELTRiAN
BOARD MEMBER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF BOARD MEMBERS
Michelle Banks - Ordone
J. Arnoldo Beltran
Malcolm Bennett
Bruno Naulls
Dr. Keith Curry
Luis Valenzuela
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
MALCOM BENNETT
BOARD MEMBER
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NON - AGENDA PUBLIC ORAL COMMUNICATIONS
THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO
ADDRESS THE OVERSIGHT BOARD ON ITEMS WITHIN THE JURISDICTION
OF THE OVERSIGHT BOARD AND NOT LISTED ON THE AGENDA. IF AN
ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE BOARD, BUT THE BOARD MAY REFER
THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION
FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code
Section 54954.2 (a) (fourteen)
NEW BUSINESS
6. MINUTES OF PREVIOUS MEETINGS:
Special Meeting of September 22, 2015
7. APPROVAL FOR THE DISPOSITION AND TRANSFER OF THE YOUTH CENTER
LOCATED AT 11409 BIRCH STREET
Comments:
On June 30, 2015, pursuant to Health & Safety Code section 34167.5, the California State
Controller ordered, among other things, the return of the Youth Center Parcel to the
Successor Agency. This order was in a report by the State Controller's Office auditing the
former Lynwood Redevelopment Agency (SCO Report) following the Statewide audits the
State Controller's Office conducted of all former redevelopment agencies under ABx1 26,
as amended. In conformance with the SCO Report, the City authorized the return of the
Youth Center Parcel. Prior to finalization of the City's authorized documentation and long -
range property management plan submittal, Successor Agency staff has reached out the
State Department of Finance (DOF), a separate government body from the State
Controller's Office, and requested guidance to return the Youth Center Parcel to the City
as it qualifies as a government use under Health & Safety Code section 34181(a).
Recommendation:
Staff recommends that the Oversight Board to the Lynwood Redevelopment Agency adopt
the attached resolution entitled: "A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY APPROVING THE DISPOSITION OF THE YOUTH CENTER
PARCEL GRANT DEED UNDER HEALTH & SAFETY CODE SECTION 34181(a),
DIRECTING THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO
TRANSFER THE YOUTH CENTER PARCEL AS A GOVERNMENT PURPOSE UNDER
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HEALTH & SAFETY CODE SECTION 34181(a), AND AUTHORIZING THE
CHAIRPERSON OF THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR
AGENCY TO SIGN THE YOUTH CENTER PARCEL GRANT DEED ON BEHALF OF THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY AS GRANTOR AND
MAYOR OF THE CITY OF LYNWOOD TO ACCEPT THE YOUTH CENTER PARCEL
GRANT DEED ON BEHALF OF THE CITY OF LYNWOOD AS GRANTEE."
8. REQUEST FOR THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY TO APPROVE A RESOLUTION APPROVING THE
SUBMITTAL OF THE LONG -RANGE PROPERTY MANAGEMENT PLAN OF THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO THE
CALIFORNIA DEPARTMENT OF FINANCE AND AUTHORIZE THE EXECUTIVE
DIRECTOR OF THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY,
OR HIS DESIGNEE, TO FINALIZE, EXECUTE, AND TRANSMIT SAID PLAN AT LEAST
FIVE BUSINESS DAYS BEFORE DECEMBER 31, 2015.
Comments:
Under the redevelopment dissolution statute AB X1 26, as amended, and specifically
pursuant to Health & Safety Code Section 34191.5, the Successor Agency is required to
submit a long -range property management plan at least five business days before
December 31, 2015. Staff has been investigating and negotiating with the California
Department of Finance. However, with the passage of SB 107 on September 22, 2015,
the Successor Agency accelerated its investigation and negotiation and proposed to
provide an attached long -range property management plan under Health & Safety Code
section 34191.5 (the "LRPMP "). Concurrently with the submittal of the LRPMP, the
Successor Agency proposes the submittal of an installment plan ( "Installment Plan ") and
request for finding of completion ( "FOC Request ") as a separate item. These three items,
the Installment Plan, FOC Request, and LRPMP will also be proposed to the Oversight
Board to the Successor Agency with a separate request to return of the Youth Center to
the City of Lynwood as a government use under Health & Safety Code Section 34181(a).
Recommendation:
Staff recommends that the Members of the Board of Directors of the Oversight Board to
the Lynwood Redevelopment Agency Successor Agency (Oversight Board) approve a
resolution approving the submittal of the long -range property management plan of the
Lynwood Redevelopment Agency Successor Agency to the California Department of
Finance and authorize the Executive Director of the Lynwood Redevelopment Agency
Successor Agency, or his designee, to finalize, execute, and transmit said plan at least
five business days before December 31, 2015.
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9. REQUEST FOR THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY TO APPROVE A RESOLUTION TO PROVIDE AN
INSTALLMENT PAYMENT PLAN FOR THE PAYMENT OF OBLIGATIONS UNDER AB
X1 26, AS AMENDED, AND REQUEST A FINDING OF COMPLETION FROM THE
CALIFORNIA DEPARTMENT OF FINANCE AND AUTHORIZE THE EXECUTIVE
DIRECTOR OF THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY,
OR HIS DESIGNEE, TO FINALIZE, EXECUTE, AND TRANSMIT THE INSTALLMENT
PAYMENT PLAN AND REQUEST FOR FINDING OF COMPLETION UNDER HEALTH &
SAFETY CODE SECTONS 34179.6(h)(3) AND 34191.1 AT LEAST FIVE BUSINESS
DAYS BEFORE DECEMBER 31, 2015
Comments:
Under the redevelopment dissolution statute AB X1 26, as amended, and specifically
pursuant to Health & Safety Code section 34191.5, 34179.6, and 34179.7, the California
State Controller and California Department of Finance ordered, imposed, and demanded
certain actions and payments from the Successor Agency. Staff has been investigating
and negotiating with the California State Controller and California Department of Finance.
However, with the passage of SB 107 on September 22, 2015, the Successor Agency
accelerated its investigation and negotiation and proposed to provide an installment
payment plan under Health & Safety Code section 34179.6(h)(3) (the "Installment Plan ")
and request a finding of completion under Health & Safety Code section 34191.1 and the
postcompliance provisions of Chapter 9 of Part 1.85 of Division 24 of the Health & Safety
Code ( "FOC Request "). Concurrently with the submittal of the Installment Plan and FOC
Request, the Successor Agency proposes a submittal of a long -range property
management plan ( "LRPMP ") which is a separate item. These three items, the Installment
Plan, FOC Request, and LRPMP will also be proposed to the Oversight Board to the
Successor Agency with a separate request to return of the Youth Center to the City of
Lynwood as a government use under Health & Safety Code section 34181(a).
Recommendation:
Staff recommends that the Members of the Board of Directors of the Oversight Board to
the Lynwood Redevelopment Agency Successor Agency (Oversight Board) approve a
resolution to provide an installment payment plan.for the payment of obligations under AB
X1 26, as amended, and request a finding of completion from the California Department of
Finance and authorize the Executive Director of the Lynwood Redevelopment Agency
(Successor Agency), or his designee, to finalize, execute, and transmit the installment
payment plan and request for finding of completion under Health & Safety Code section
34179.6(h)(3) and 34191.5 at least five business days before December 31, 2015.
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OVERSIGHT BOARD ITEMS
NONE
ADJOURNMENT
THE NEXT REGULAR OVERSIGHT BOARD MEETING WILL BE POSTED AS NEEDED. THE
NEXT MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF CITY HALL, 11330
BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA
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OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
TO THE DISSOLVED LYNWOOD REDEVELOPMENT AGENCY
MINUTES
SPECIAL MEETING
TUESDAY, SEPTEMBER 22, 2015
3:00 P.M.
COUNCIL CHAMBERS
LYNWOOD CITY HALL
11330 BULLIS ROAD, LYNWOOD, CA 90262
1. CALL TO ORDER
Chair Valenzuela called the meeting to order at 3:05 p.m.
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
Estevan Padilla, Oversight Board staff, confirmed that the Agenda was posted
correctly.
3. ROLL CALL OF BOARD MEMBERS
Board Members Present
Chair Luis C. Valenzuela
Vice Chair Dr. Keith Curry
Board Member J. Arnoldo Beltran
Board Member Michelle Banks - Ordone (arrived at 3:10 p.m.)
Board Member Malcolm Bennett
Board Member Bruno Naulls
Board Members Absent
Board Member Peter Wong
4. PLEDGE OF ALLEGIANCE
Chair Valenzuela led the Pledge of Allegiance.
5. PRESENTATIONS
There were none.
PUBLIC ORAL COMMUNICATIONS
Gustavo Lamana, Special Counsel to the Successor Agency, addressed the Oversight
Board pertaining to the transfer of property by the Successor Agency to the City of
Lynwood, and explained that the property better known as the Youth Center located, on
Birch Avenue has been deemed as a "government use' property by definition. Mr.
Lamana informed the Oversight Board that based on Health and Safety Code 34181;
the Oversight Board can approve the transfer of property from the Successor Agency to
the City of Lynwood. Mr. Lamana requested to Agendize the transfer of property for
consideration at the next Oversight Board meeting. Chair Valenzuela directed
Successor Agency staff to Agendize the issue for the next Lynwood Oversight Board
meeting.
NEW BUSINESS
6. MINUTES OF PREVIOUS MEETINGS:
Special Meeting — February 24, 2015
On motion of Board Member Arnoldo Beltran, seconded by Board Member
Banks - Ordone, duly carried by the following vote, the Oversight Board
approved the February 24, 2015 Special Meeting Minutes:
Ayes: Board Members Arnoldo Beltran, Banks - Ordone, Naulls, and
Chair Valenzuela
Noes: None
Absent: Board Member Wong
Abstained: Board Member Bennett and Vice Chair Curry
7. ADOPTION OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD OF JANUARY 1, 2016 to JUNE 30, 2016 (ROPS 15 -16B)
AND ADOPTION OF THE ADMINISTRATIVE BUDGET
Lorry Hempe, Budget Manager, provided an overview of the Recognized
Obligation Payment Schedule (ROPS) 15 -16B, and the adoption of the
Administrative Budget. Ms. Hempe informed the Board Members that the
Successor Agency approved and adopted the ROPS and Administrative Budget
on September 20, 2015. Ms. Hempe explained that there were minor
modifications made to the ROPS based on the recommendations by the City
Attorney's legal team, and noted that the modifications address the following:
20 [Notice of Entry of Judgment — Rogel v. LRA (Case No. BS 106592)]
21 [Notice of Entry of Judgment — Rogel v. LRA (Case No. BS106592)]
22 [Order Awarding Plaintiffs Attorneys' Fees and Costs (Case No. BS106592)]
23 [Notice of Entry of Judgment — Rogel v. LRA (Case No. BS106592)] and
24 [Notice of Entry of Judgment — Rogel v. LRA (Case No. BS106592)]
Ms. Hempe further added that Line Item 60 — Administrative Cost Allowance, was
amended to reflect the actual amount spent of $195,958 and not $196,190 as
listed in the ROPS report. Board Members Naulls and Arnoldo Beltran abstained
from taking action on any line items that are associated with the allocation of
funding or salary distributions to staff for specific projects.
On motion of Vice Chair Curry, seconded by Board Member Bennett, duly
carried by the following vote, the Board adopted Resolution No.2015.002, a
Resolution of the Oversight Board for the Lynwood Redevelopment Agency
approving the Recognized Obligation Payment Schedule covering the
period of January 1, 2016 to June 30, 2016 (ROPS 15 -16B) and adopting the
Administrative Budget as amended:
Ayes: Board Members Arnoldo Beltran, Banks - Ordone, Bennett
Naulls, Vice Chair Curry and Chair Valenzuela
Noes: None
Absent: Board Member Wong
Abstained: None
OVERSIGHT BOARD ITEMS
There were none.
ADJOURNMENT
The meeting adjourned at 3:18 p.m.
AGENDA STAFF REPORT
DATE: December 1, 2015
TO: Honorable Chair and Members of the Oversight Board
APPROVED BY: J. Arnoldo Beltran, City Manager
PREPARED BY: Lorry Hempe, Public Works Special Projects Manager
Gustavo Lamanna, Special Counsel
SUBJECT: Approval for the Disposition and Transfer of the Youth Center
Located at 11409 Birch Street
Recommendation:
Staff recommends that the Oversight Board to the Lynwood Redevelopment Agency adopt
the attached resolution entitled: "A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY APPROVING THE DISPOSITION OF THE YOUTH CENTER
PARCEL GRANT DEED UNDER HEALTH & SAFETY CODE SECTION 34181(a),
DIRECTING THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
TO TRANSFER THE YOUTH CENTER PARCEL AS A GOVERNMENT PURPOSE
UNDER HEALTH & SAFETY CODE SECTION 34181(a), AND AUTHORIZING THE
CHAIRPERSON OF THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR
AGENCY TO SIGN THE YOUTH CENTER PARCEL GRANT DEED ON BEHALF OF
THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY AS
GRANTOR AND MAYOR OF THE CITY OF LYNWOOD TO ACCEPT THE YOUTH
CENTER PARCEL GRANT DEED ON BEHALF OF THE CITY OF LYNWOOD AS
GRANTEE."
Background:
On June 30, 2015, pursuant to Health & Safety Code section 34167.5, the California
State Controller ordered, among other things, the return of the Youth Center Parcel to
the Successor Agency. This order was in a report by the State Controller's Office
auditing the former Lynwood Redevelopment Agency (SCO Report) following the
Statewide audits the State Controller's Office conducted of all former redevelopmI ii NDA
agencies under ABx1 26, as amended. In conformance with the SCO Report, the ;'ty ITEM ITEM
authorized the return of the Youth Center Parcel. Prior to finalization of the City's
authorized documentation and long -range property management plan submittal,
Successor Agency staff has reached out the State Department of Finance (DOF) a
separate government body from the State Controller's Office, and requested guidance
to return the Youth Center Parcel to the City as it qualifies as a government use under
Health & Safety Code section 34181(a).
Discussion & Analysis:
Youth Center Parcel
According to the SCO Report, the Youth Center Parcel was transferred by the former
Lynwood Redevelopment Agency on March 10, 2011 to the City; this was done at a
time when all redevelopment agencies were negotiating transfer and cooperation
agreements before the passage of AB X1 26 and AB X1 27.
The SCO Report orders the City to transfer the Youth Center Parcel to the Successor
Agency. The City authorized the transfer of the Youth Center Parcel to the Successor
Agency following the SCO Report.
Upon satisfactory compliance with AB X1 26, as amended, the Youth Center Parcel
may be returned to the City for a governmental use as part of the long -range property
management plan under Health & Safety Code section 34191.5(c)(2). However,
following the City- authorization in conformance with the SCO Report, Successor
Agency staff reached out to Finance to inquire if the Youth Center Parcel may be
conveyed as a government use now under Health & Safety Code section 34181(a)
before the submittal of the long -range property management plan. Positive feedback
was received. Therefore, the Successor Agency is requesting the Oversight Board,
pursuant to subdivisions (a) and (f) of Health & Safety Code section 34181, to dispose
of the Youth Center Parcel as a government use and direct the Successor Agency to
transfer ownership of the Youth Center Parcel as it was constructed and is used by as a
government use Youth Center. This action is subject to a 10 -day notice and formal
approval by the DOF under Health & Safety Code section 34181(f).
Fiscal Impact:
The transfer of the Youth Center to the City of Lynwood will ensure continuous use of
the Youth Center as a governmental use.
Coordinated With:
City Attorney
Gustavo Lamanna, Special Counsel
Community Development
Finance Department
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Attachment:
Exhibit A — Youth Center Grant Deed
Exhibit B — 10 -day Notice under Health & Safety Code section 34181(f)
Exhibit C — Related Resolutions
OFFICIAL BUSINESS
Document entitled to free
recording per Government Code
Sections 6103 and 27383
Recording Requested by and
When Recorded, Mail To:
CITY OF LYNWOOD
Office of the City Manager
11330 Bullis Road
Lynwood, CA 90262
Los Angeles County Assessor
Parcel Number: 6173 - 007 -900
SPACE ABOVE THIS LINE FOR RECORDING USE
EXEMPT FROM DOCUMENTARY TRANSFER TAX
PER GOVERNMENT CODE SECTIONS 6103 .AND 27383
YOUTH CENTER GRANT DEED
(Youth Center Parcel —11409 Birch Street)
[Transfer made in response to Health & Safety Code section 34181(a) and subject to covenants
for government use under Health & Safety Code section 34181(a)]
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, the LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a
public body, corporate and politic, duly formed pursuant to Health & Safety Code section 34173,
herein called "Grantor," acting to carry out the redevelopment project plans under Ordinance
No. 945 adopted July 1 -0, 1973 for Redevelopment Project Area A and Ordinance No. 993
adopted November 3, 1975 for the Alameda Redevelopment Project Area (hereinafter
collectively referred to herein as simply the "Redevelopment Plan") pursuant to the Community
Redevelopment Law of the State of California, hereby grants to the CITY OF LYNWOOD, a
municipal corporation of the State of California, validly existing and in good standing under the
laws of the State of California, herein called "Grantee," the real property located at 11409 Birch
Street in the City of Lynwood, County of Los Angeles, and State of California hereinafter
referred to as the "Youth Center Parcel," legally described as:
THE EASTERLY 80 FEET OF LOT 1201 AND THE EASTERLY 80 FEET OF THE
NORTHEAST 40 FEET OF LOT 1202 TRACT N: O. 3335, AS PER MAP RECORDED IN
BOOK 36, PAGE 42, OF MAPS IN THE RECORDS OF LOS ANGELES COUNTY.
APN: 6173 - 007 -901, -902 (the property was previously identified as 6173 - 007 -900)
(1) The Youth Center Parcel is hereby conveyed in accordance with and subject to government
use under Health & Safety Code sections 34181(a) and/or the Redevelopment Plan, which results
in the allocation of taxes from Redevelopment Project Area A and the Alameda Redevelopment
Project Area, pursuant to the above - referenced ordinances, for purposes of redevelopment and
the corresponding statutory five -year implementation plan for said corresponding project areas,
as amended from time -to -time with established goals to support affordable housing, economic
development, community revitalization, commercial revitalization, and institutional
revitalization.
(2) Grantee hereby covenants and agrees for itself, its successors, its assigns, and every
successor -in- interest to the Youth Center Parcel that Grantee, such successors and assigns, shall
develop, maintain, and use the Youth Center Parcel for any municipal purpose, including, but not
limited to the elimination of blighting influences within the Redevelopment Project Area A, the
Alameda Redevelopment Project Area, affordable housing and public improvements, in
conformance with the Redevelopment Plan. This covenant includes the requirement that the
Youth Center Parcel be dedicated for government use under Health & Safety Code section
34181(a), and if necessary and appropriate, facilitate and subsequently include the Youth Center
Parcel in the long -range property management plan for government use disposition under Health
& Safety Code section 34191.5(c)(2).
(3) Grantee covenants and agrees for itself, its successors, its assigns, and all persons claiming
under or through them that there shall be no discrimination against or segregation of any person
or group of persons on account of sex, sexual orientation, marital status, race, color, creed,
religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of the Youth Center Parcel, nor shall Grantee itself or any person claiming under or
through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the Youth Center Parcel. The foregoing covenants shall
run with the land.
(4) All deeds, leases or contracts made relative to the Youth Center Parcel, improvements
thereon, or any part thereof, shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons
claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of
any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,
and Section 12955.2 of the Government Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming under or through
him or her, establish or permit any practice or practices of discrimination
or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
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premises herein conveyed. The foregoing covenants shall run with the
land."
Notwithstanding the paragraph, with respect to familial status, paragraph
(a) shall not be construed to apply to housing for older persons, as defined
in Section 12955.9 of the Government Code. With respect to familial
status, nothing in paragraph (a) shall be construed to affect Sections 51.2,
51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall also apply to the above paragraph.
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease is made and accepted
upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person
or group of persons, on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the Government Code, in the
leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall the lessee himself or herself, or any
person claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein leased."
Notwithstanding the above paragraph, with respect to familial status,
paragraph (b) shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the Government Code. With respect to
familial status, nothing in paragraph (1) shall be construed to affect
Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of the Government Code shall apply to the above
paragraph.
(c) In contracts entered into by the Grantee relating to the sale, transfer, or
leasing of land or any interest therein acquired by the Grantee within any
survey area of redevelopment project the foregoing provisions in
substantially the forms set forth shall be included and the contracts shall
further provide that the foregoing provisions shall be binding upon and
shall obligate the contracting party or parties and any subcontracting party
or parties, or other transferees under the instrument.
(5) All conditions, covenants and restrictions contained in this Grant Deed shall be covenants
running with the land, and shall, in any event, and without regard to technical classification or
designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for
the benefit and in favor of, and enforceable by Grantor, its successors and assigns, against
Grantee, its successors and assigns, to or of the Youth Center Parcel conveyed herein or any
portion thereof or any interest therein, and any party in possession or occupancy of said Youth
Center Parcel or portion thereof.
(6) The conditions contained in paragraphs (4) and (5) of this Grant Deed shall remain in
perpetuity, except as otherwise expressly provided by law.
(7) In amplification and not in restriction of the provisions set forth hereinabove, it is intended
and agreed that Grantor shall be deemed a beneficiary of the agreements and covenants provided
hereinabove both for and in its own right and also for the purposes of protecting the interests of
the community. All covenants without regard to technical classification or designation shall be
binding for the benefit of Grantor, and such covenants shall run in favor of Grantor for the entire
period during which such covenants shall be in force and effect, without regard to whether
Grantor is or remains an owner of any land or interest therein to which such covenants relate.
Grantor shall have the right, in the event of any breach of any such agreement or covenant, to
exercise all the rights and remedies, and to maintain any actions at law or suit in equity or other
proper proceedings to enforce the curing of such breach of agreement or covenant.
(8) No violation or breach of the covenants, conditions, restrictions, provisions or limitations
contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or
charge of any mortgage or deed of trust or security interest; provided, however, that any
subsequent owner of the Youth Center Parcel shall be bound by such remaining covenants,
conditions, restrictions, limitations, and provisions, whether such owner's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
(9) None of the terms, covenants, agreements or conditions heretofore agreed upon in writing in
other instruments between the parties to this Grant Deed with respect to obligations to be
performed, kept or observed by Grantee or Grantor in respect to said Youth Center Parcel or any
part thereof after this conveyance of said Youth Center Parcel shall be deemed to be merged with
this Grant Deed.
(10) The covenants contained in this Grant Deed shall be construed as covenants running with
the land and not as conditions which might result in forfeiture of title.
[Remainder of this page is intentionally left blank; signatures on following page]
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I
it
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized this day of
, 2015.
Dated:
ATTEST:
By:
Maria Quinones
City Clerk
Date:
ATTEST:
S
Maria Quinones
Secretary
GRANTEE
CITY OF LYNWOOD, a municipal
corporation
Jose Luis Solache
Mayor
GRANTOR
LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY, a public body, corporate
and politic, designated under Health & Safety
Code section 34173
By: City of Lynwood, a municipal corporation
and pursuant to that designation under
Health & Safety Code section 34173(g)
W
By:
Jose Luis Solache
Chairperson
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant Deed dated
from the LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY, a public body, corporate and politic, designated under Health &
Safety Code section 34173, as Grantor, to the CITY OF LYNWOOD, a municipal corporation,
as Grantee is hereby accepted and the CITY OF LYNWOOD consents to recordation thereof by
its duly authorized officer as accepted by Resolution No. by Grantee which was passed,
approved and adopted
Dated:
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Jose Luis Solache
Mayor
This Grant Deed requires notarization before a Notary Public.
The Notary Public must use the current approved form of acknowledgment for the State of California.
A PDF is available at:
http://notary.edn.sos.ca.gov/forms/notary-ack.pdf
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of Los Angeles )
On , 2015 before me, (insert name of the
officer), Notary Public, personally appeared Jose Luis Solache, who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
C E
� .
NOTICE OF OVERSIGHT BOARD PUBLIC MEETING CL,,PL1_-
[Health & Safety Code section 34181(f)] CITY OF pat tq 1,fV0 0 P^^
?TY 0,
PLEASE TAKE NOTICE, that on December 1, 2015 at 3:00 p.m., the Oversigh r Board 'ta
the Successor Agency of the former Lynwood Redevelopment Agency will consider adoption of
a resolution to: (a) dispose of the property located at 11409 Birch Street, Lynwood, California,
the Youth Center Parcel of the former Lynwood Redevelopment Agency to the City of Lynwood
under Health & Safety Code section 34181(a); and (b) direct the Successor Agency of the
former Lynwood Redevelopment Agency to transfer to the City of Lynwood the 11409 Birch
Street, Lynwood, California dedicated to government use under Health & Safety Code section
34181(a).
This Notice of Oversight Board Public Meeting is provided pursuant to subdivisions (a)
and (f) of Health & Safety Code section 34181. Subdivision (f) of Health & Safety Code section
34181 reads, in relevant part: All actions taken pursuant to subdivisions (a) ... shall be
approved. by resolution of the oversight board at a public meeting after at least 10 days' notice
to the public of the specific proposed actions. The actions shall be subject to review by the
department pursuant to Health & Safety Code section 34179 except that the department may
extend its review period by up to 60 days. If the department does not object to an action subject
to this section, and if no action challenging an action is commenced within 60 days of the
approval of the action by the oversight board, the action of the oversight board shall be
considered final and can be relied upon as conclusive by any person. If an action is brought to
challenge an action involving title to or an interest in real property, a notice of pendency of
action shall be recorded by the claimant as provided in Title 4.5 (commencing with Section 405)
of Part 2 of the Code of Civil Procedure within a 60 -day period.
This Notice of Oversight Board Public Meeting has been posted in Lynwood City Hall
and transmitted by electronic means to the California Department of Finance, Los Angeles
County Auditor - Controller, Los Angeles County Chief Administrative Officer, and members of
the Oversight Board.
This Notice of Oversight Board Public Meeting is limited to providing the notice required
under subdivision (f) of Health & Safety Code section 34181 and does not replace any other
notices or agenda requirements required by law.
Date: Tuesday, December 1, 2015
Time: 3:00 p.m.
Place: Lynwood City Hall
Council Chambers
11330 Bullis Road
Lynwood, CA 90262
Successor Agency of the former Lynwood
Redevelopment Agency, a public body, corporate
and politic, designated under Health & Safety
Code section 34173(a)
OVERSIGHT BOARD RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OVERSIGHT BOARD
TO THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
APPROVING THE DISPOSITION OF THE YOUTH CENTER PARCEL GRANT DEED
UNDER HEALTH & SAFETY CODE SECTION 34181(a), DIRECTING THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO TRANSFER
THE YOUTH CENTER PARCEL AS A GOVERNMENT PURPOSE UNDER HEALTH
& SAFETY CODE SECTION 34181(a), AND AUTHORIZING THE CHAIRPERSON OF
THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO SIGN
THE YOUTH CENTER PARCEL GRANT DEED ON BEHALF OF THE LYNWOOD
REDEVELOPMENT AGENCY SUCCESSOR AGENCY AS GRANTOR AND MAYOR
OF THE CITY OF LYNWOOD TO ACCEPT THE YOUTH CENTER PARCEL GRANT
DEED ON BEHALF OF THE CITY OF LYNWOOD AS GRANTEE
WHEREAS, pursuant to Section 34167.5 of the Health and Safety Code, the
California State Controller's Office issued an order on June 30, 2015 for the return of
fee title to the Youth Center Property located at 11409 Birch Street in the City of
Lynwood (Youth Center Parcel), to the Lynwood Redevelopment Agency Successor
Agency (Successor Agency); and
WHEREAS, in conformance with order of the California State Controller's Office
under Section 34167.5 of the Health and Safety Code, the City of Lynwood (City)
authorized the return of fee title to the Youth Center Parcel to the Successor Agency;
and
WHEREAS, Section 34191.5 (c)(2) of the Health and Safety Code, the long -
range property management plan procedure under AB X1 26, as amended, provides a
procedure where, upon satisfactory compliance with AB X1 26, as amended, the
Successor Agency may seek the return of the Youth Center Parcel to the City of
Lynwood as a government use; and
WHEREAS, in response to the order from the California State Controller's Office
and authorization by the City to return the Youth Center Parcel to the Successor
Agency, Successor Agency staff sought guidance from the California Department of
Finance (Finance) under Section 34181(a) of the Health & Safety Code to confirm and
construe the Youth Center Parcel as eligible for return to the City as a .government use
prior to the submittal of the long -range property management plan; and
WHEREAS, in conformance with the guidance of Finance, the Oversight Board
considered the return of the Youth Center Parcel to the City under subdivisions (a) and
(f) of Section 34181 of the Health & Safety Code as a government use property along
with the grant deed prepared for the transfer of the Youth Center Parcel by the
Successor Agency to the City.
4
NOW, THEREFORE, THE OVERSIGHT BOARD DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval, Disposition, Direction to Transfer, and Authorization
to Execute Youth Center Parcel Grant Deed. The Oversight Board approves the
Youth Center Parcel Grant Deed in substantially the form attached hereto as Exhibit A
and the disposition of the Youth Center Parcel under Section 34181(a) of the Health &
Safety Code; the Oversight Board further directs the Successor Agency to transfer
ownership of the Youth Center Parcel to the City as a government use under Section
34181(a); and finally, the Oversight Board authorizes the Chairperson of the Successor
Agency, or the Chairperson's designee, to execute the Youth Center Parcel Grant
Deed, and that the Mayor of the City, or the Mayor's designee, to accept the Youth
Center Parcel as contemplated by the Youth Center Parcel Grant Deed.
Section 3. Authorization to Make Changes . The Oversight Board authorizes
the Executive Director of the Successor Agency or the Executive Director's designee to
make non - substantive changes as necessary to the Youth Center Parcel Grant Deed, if
required and appropriate, before it is acknowledged by the Successor Agency and City
signatories before a notary public and recorded with the Office of the Los Angeles
County Recorder; the Executive Director of the Successor Agency or the Executive
Director's designee is also authorized to make any other non - substantive changes and
take any actions in furtherance of this resolution thereafter as necessary.
Section 4. That the Secretary of the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, certify the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 1St day of December 2015.
Luis Valenzuela
Chair
ATTEST:
Estevan Padilla, Deputy Clerk
Los Angeles County Board of Supervisors
Acting as Secretary to the Lynwood Oversight Board
APPROVED AS TO FORM:
David A. Garcia
General Counsel
Successor Agency
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, the undersigned, as Secretary to the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, do hereby certify that the above and
foregoing Resolution was duly adopted by the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency at a meeting held in the City Hall of said
City on the 1St day of December 2015, and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Secretary
7
AGENDA STAFF REPORT
DATE: December 1, 2015
TO: Honorable Members of the Board of Directors of the Oversight Board to
the Lynwood Redevelopment Agency Successor Agency
PREPARED BY: Amanda Hall, Finance Director for the City of Lynwood h acting as the
Lynwood Redevelopment Agency Successor Agency (J;
Gustavo Lamanna, Special Counsel
SUBJECT: Request for the Oversight Board to the Lynwood Redevelopment Agency
Successor Agency to approve a resolution approving the submittal of the
long -range property management plan of the Lynwood Redevelopment
Agency Successor Agency to the California Department of Finance and
authorize the Executive Director of the Lynwood Redevelopment Agency
Successor Agency, or his designee, to finalize, execute, and transmit said
plan at least five business days before December 31, 2015.
Recommendation:
Staff recommends the Board of Directors of the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency adopt: "A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY APPROVING THE LONG -RANGE PROPERTY
MANAGEMENT PAYMENT PLAN UNDER HEALTH & SAFETY CODE SECTION
34191.5 AND AUTHORIZING THE LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY EXECUTIVE DIRECTOR, OR HIS DESIGNEE, TO
CONTINUE TO NEGOTIATE, FINALIZE, EXECUTE, AND TIMELY TRANSMIT THE
LONG -RANGE PROPERTY MANAGEMENT PLAN."
Introduction
Staff recommends that the Members of the Board of Directors of the Oversight Board to the
Lynwood Redevelopment Agency Successor Agency (Oversight Board) approve a resolution
approving the submittal of the long -range property management plan of the Lynwood
Redevelopment Agency Successor Agency to the California Department of Finance and
authorize the Executive Director of the Lynwood Redevelopment Agency Successor Agency, or
his designee, to finalize, execute, and transmit said plan at least five business days before
December 31, 2015.
Background:
Under the redevelopment dissolution statute AB X1 26, as amended, and specifically pursuant AG_ _ND A
to Health & Safety Code section 34191.5, the Successor Agency is required to submit a long -
range property management plan at least five business days before December 31, 2015. Staff IT
has been investigating and negotiating with the California Department of Finance. However,
with the passage of SB 107 on September 22, 2015, the Successor Agency accelerated its
investigation and negotiation and proposed to provide an attached long -range property
management plant under Health & Safety Code section 34191.5 (the "LRPMP "). Concurrently
with the submittal of the LRPMP, the Successor Agency proposes the submittal of an
installment payment plan ( "Installment Plan ") and request for finding of completion ( "FOC
Request') as a separate item. These three items, the Installment Plan, FOC Request, and
LRPMP will also be proposed to the Oversight Board to the Successor Agency with a separate
request to return of the Youth Center to the City of Lynwood as a government use under Health
& Safety Code section 34181(a).
Discussion & Analysis:
LRPMP
As noted in the attached form of LRPMP, the Successor Agency proposes to dispose of the
properties in its inventory according to AB X1 26, as amended. Specifically, Health & Safety
Code section 34191.5(c)(2) provides the Successor Agency various options for disposition of
property as noted therein. After some negotiation with the California Department of Finance
( "Finance "), staff determined there is merit to dispose of the Successor Agency properties under
the proposed LRPMP and submit said plan at least five business days prior to
December 31, 2015 or December 17, 2015 at the latest to allow for Finance to respond
accordingly and move forward with implementing AB X1 26, as amended. As part of this
resolution, staff is suggesting the Executive Director, or his designee, be given discretion to
continue to negotiate the documents to assure all the interests of the Successor Agency are
preserved and protected.
Conclusion
Staff recommends the Oversight Board approve the attached
and authorize the Successor Agency Executive Director or
negotiate, finalize, and timely transmit the LRPMP accordingly.
Coordinated With:
City Attorney
Community Development
Finance Department
Attachments:
Exhibit A — LRPMP
Exhibit B — Related Resolution
resolution, finalize the LRPMP,
his designee to continue to
2
OVERSIGHT BOARD RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OVERSIGHT BOARD
TO THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
APPROVING THE LONG -RANGE PROPERTY MANAGEMENT PAYMENT PLAN
UNDER HEALTH & SAFETY CODE SECTION 34191.5 AND AUTHORIZING THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY EXECUTIVE
DIRECTOR, OR HIS DESIGNEE, TO CONTINUE TO NEGOTIATE, FINALIZE,
EXECUTE, AND TIMELY TRANSMIT THE LONG -RANGE PROPERTY
MANAGEMENT PLAN
WHEREAS, pursuant to Section 34191.5 of the Health and Safety Code, the
Lynwood Redevelopment Agency Successor Agency ( "Successor Agency ") is required
to obtain approval of a long -range property management plan ( "LRPMP ") before
December 31, 2015; and
WHEREAS, in conformance with Section 34191.5 of the Health and Safety
Code, the Successor Agency transmitted and negotiated a draft LRPMP in compliance
with AB X1 26, as amended, and particularly Section 34191.5(c)(2) of the Health and
Safety Code; and
WHEREAS, the Oversight Board to the Successor Agency ( "Oversight Board ")
finds the LRPMP in the best interest of the affected taxing entities of the Successor
Agency, the Successor Agency, the City of Lynwood, and community, and authorizes
the Successor Agency Executive Director, or his designee, to continue to negotiate the
LRPMP and submit the LRPMP in sufficient time to receive approval before
December 31, 2015.
NOW, THEREFORE, THE OVERSIGHT BOARD DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval of the LRPMP. The Oversight Board approves the
LRPMP in substantially the form attached hereto as Exhibit A; the Oversight Board
further directs the Successor Agency to continue to negotiate, execute, and transmit the
LRPMP; and finally, the Oversight Board authorizes the Executive Director of the
Successor Agency, or the Executive Director's designee, to execute and transmit the
LRPMP in such forms negotiated to the satisfaction of the Successor Agency Executive
Director or his designee.
Section 3. Authorization to Make Changes . The Oversight Board authorizes
the Executive Director of the Successor Agency or the Executive Director's designee to
make substantive changes as necessary to the LRPMP, if required and appropriate,
before the LRPMP is submitted in compliance with AB X1 26, as amended, and take
any actions in furtherance of this resolution thereafter as necessary.
Section 4. That the Secretary of the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, certify the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this day of
Chairperson
ATTEST:
Secretary
APPROVED AS TO FORM:
David A. Garcia
General Counsel
Successor Agency
2015.
M
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, the undersigned, as Secretary to the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, do hereby certify that the above and
foregoing Resolution was duly adopted by the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency at a meeting held in the City Hall of said
City on the day of 2015, and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Secretary
5
Successor to the
Lynwood Redevelopment Agency
Long Range
Property Management Plan
2015
Agency Owned Properties
Provided by the Successor to the
Lynwood Redevelopment Agency
Table of Contents
PART PROPERTY INVENTORY
1)
Cover
2)
Table of Contents
3)
LRA Project Area Map
pg 3
4)
11230 Long Beach Blvd.
1)
Description
pg 4
2)
Property info
pg 5
3)
Map & picture
pg 6
5)
3320 Sanborn Avenue 3320
1)
Description
pg 7
2)
Property info
pg 8
3)
Map & picture
pg 9
6)
Vacant Land — Imperial & Atlantic
1)
Description
pg 10
2)
Property info
pg 11
3)
Map & picture
pg 12
7)
Vacant Land —Atlantic & Josephine
1)
Description
pg 13
2)
Property info
pg 14
3)
Map & picture
pg 15
8)
Vacant Land - Fernwood (Caltrans)
1)
Description
pg 16
2)
Property info
pg 17
3)
Map & picture
pg 18
9)
Youth Center -11409 Birch Street
1)
Description
pg 19
2)
Property info
pg 20
3)
Map & picture
pg 21
10)
10925 Atlantic Avenue
1)
Description
pg 22
2)
Property info
pg 23
3)
Map & picture
pg 24
PART II
PROPERTY DISPOSITION AND USE
1)
SUMMARY OF PLANNED USE / DISPOSITION OF EACH PROPERTY
pg 25
ATTACHMENTS
A
LYNWOOD REDEVELOPMENT PLAN (8T" AMENDMENT)
pg 29
B
5YR IMPLEMENTATION PLAN (2009 -2014)
pg 131
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City of
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11230 Long Beach Blvd
APN# 6173- 002 -906
• Parking Lot
o City owned land located on the
Northeast corner of Long Beach
Blvd. and Sanborn Ave.
0 3,822 sq. ft.
o Acquired August 8, 1991
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
11230 Long Beach Boulevard
Lynwood, California 90262
Acquisition Information
The parcel was acquired August 8, 1991 at a cost of $50,000.
Purpose Acquired
The parcel was acquired for the government use of public parking.
Parcel Data
APN 6173- 002 -906
0.0877 acres (approximately 3,822 square feet)
Light Commercial [zoned LYC2]
A proposed Transit Oriented Development Strategic Plan coordinated with Caltrans and the Los Angeles County
METRO identifies this parcel as a site for public parking.
Current Value
The parcel has no value as it is burdened by about 25 years of government use as a free surface public parking lot
and has not generated revenue. This government use as free surface public parking, authorized under Streets &
Highways Code section 32501, represents its highest and best use. Termination of this government use as free
surface public parking is also unlikely under Streets & Highways Code section 31851.5 due to the lack of public
parking in the area. Furthermore, the parcel is within the Long Beach Boulevard Specific Plan and addressed as
continued public parking in the Transit Oriented Development Strategic Plan coordinated with Caltrans and the Los
Angeles County METRO. As a result, the parcel is valued at zero and dedicated for the government use, which
includes the current use as a free surface public parking lot.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel has been used for free surface public parking for about 25 years. A Phase 1 report has not been prepared
nor approved. There is no known history of any prior use that would require further environmental investigation.
Potential for Transit Oriented Development
The parcel is located two blocks from a transit center. This specific parcel and its environs are conducive to transit
oriented development. The nearest potential transit station site is less than a quarter -mile away and there are current
strategic plans for transit area village under cooperation Caltrans and the Los Angeles County METRO.
Previous Development Proposals — Existing Leases
eases
As noted above, the parcel has been used for free surface public parking for about 25 years and identified for
continued use as public parking under the Transit Oriented Development Strategic Plan in coordination with
Caltrans and the Los Angeles County METRO. This parcel, along with the parcel across the street at 3320 Sanborn
Avenue, are included as part of a dormant commercial development proposal which may include its continued use
as free surface public parking as part of a transit oriented village in furtherance of the proposed Transit Oriented
Development Strategic Plan.
Proposed Disposition of Property
This parcel is proposed to be used to fulfill and enforceable obligation. In the alternative, should the enforceable
obligation not move forward, the parcel shall be retained for government use as a free surface public parking lot
and eventually as public parking under the proposed Transit Oriented Development Strategic Plan in coordination
with Caltrans and the Los Angeles County METRO to be adopted in June 2016.
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3320 Sanborn Avenue
APN# 6173 - 003 -901
• Parking lot
o City owned land currently used
as a parking lot
16,057 sq. ft
Acquired January 29, 1990
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
3320 Sanborn Avenue
Lynwood, California 90262
Acquisition Information
Parcel was acquired January 29, 1990 at a cost of $180,000
Purroose Acquired
Parcel was acquired for the government use of public parking.
Parcel Data
APN 6173- 003 -901
0.3686 acres (approximately 16,057 square feet);
Parking [zoned LYP 1 ]
A proposed Transit Oriented Development Strategic Plan coordinated with Caltrans and the Los Angeles County
METRO identifies this parcel as a site for public parking.
Current Value
The parcel has no value as it is burdened by over 25 years of government use as a free surface public parking lot
and has not generated revenue. This government use as free surface public parking, authorized under Streets &
Highways Code section 32501, represents its highest and best use. Termination of this government use as free
surface public parking is also unlikely under Streets & Highways Code section 31851.5 due to the lack of public
parking in the area. Furthermore, the parcel is within the Long Beach Boulevard Specific Plan and addressed as
continued public parking in the Transit Oriented Development Strategic Plan coordinated with Caltrans and the Los
Angeles County METRO. As a result, the parcel is valued at zero and dedicated for the government use, which
includes the current use as a free surface public parking lot.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel has been used for free surface public parking for over 25 years. A Phase 1 report has not been prepared
nor approved. There is no known history of any prior use that would require further environmental investigation.
Potential for Transit Oriented Development
The parcel is located two blocks from a transit center. This specific parcel and its environs are conducive to transit
oriented development. The nearest potential transit station site is less than a quarter -mile away and there are current
strategic plans for transit area village under cooperation Caltrans and the Los Angeles County METRO.
Previous Development Proposals — Existing Leases
eases
As noted above, the parcel has been used for free surface public parking for about 25 years and identified for
continued use as public parking under the Transit Oriented Development Strategic Plan in coordination with
Caltrans and the Los Angeles County METRO. This parcel, along with the parcel across the street at 11230 Long
Beach Boulevard, are included as part of a dormant commercial development proposal which may include its
continued use as free surface public parking as part of a transit oriented village in furtherance of the proposed
Transit Oriented Development Strategic Plan.
Proposed Disposition of Property
This parcel is proposed to be used to fulfill and enforceable obligation. In the alternative, should the enforceable
obligation not move forward, the parcel shall be retained for government use as a free surface public parking lot
and eventually as public parking under the proposed Transit Oriented Development Strategic Plan in coordination
with Caltrans and the Los Angeles County METRO to be adopted in June 2016.
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Imperial &Atlantic
APN# 6193- 003 -902, 903, 904, 905
• Vacant Land
Land - locked city owned property
located immediately West of the
Atlantic Crossing Shopping
Center
C) 19,922 sgft
Acquired August 16, 2004
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
Vacant Landlocked Land adjacent to shopping center in the vicinity of Imperial Highway and
Atlantic Boulevard
Lynwood, California 90262
More specifically described as four parcels totaling
approximately 19,922 square feet abutting the shopping center parking lot and a portion of Lot 14 of Tract 51
bearing APNs 6193 - 003 -902, -903, -904, & -905
Acquisition Information
Books and records reflect parcels were donated August 16, 2004 to be dedicated for the government use of
either public parking, affordable senior housing, or a senior center with services for the aged and infirm, or a
combination of all three government uses.
Purnose Acquired
The four parcels that make up this site were a portion of a site acquired for a shopping
center and then donated back to be dedicated for the government uses of public parking,
affordable senior housing, or a senior center with services for the aged and infirm, or a
combination of all three government uses.
Parcel Data
APN 6193 - 003 -902, -903, -904, and -905
0.4573 acres (approximately 19,922 square feet)
Commercial Parking; zoned LYP1
Current Value
The parcels are landlocked and vacant and given the donation to the public entity it is rendered without value.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcels have been vacant and landlocked for about 11 years. A Phase 1 report has not been prepared nor
approved. There is no known history of any prior use that would require further environmental investigation.
Potential for Transit Oriented Development
The parcels have little present potential for transit oriented development.
Previous Development Proposals — Existing Leases
eases
The parcels were previously part of the shopping center development but donated to the former Lynwood
Redevelopment Agency for dedication as the government use of public parking, affordable senior housing, or
a senior center with services for the aged and infirm, or a combination of all uses. There are no other
development proposals or leases.
Proposed Disposition of Property
This parcel is proposed to be used to fulfill the donative intent for government use as a public parking,
affordable senior house, or a senior center with services for the aged and infirm, a combination of all three
uses. This donation may be viewed as an enforceable obligation. In the alternative, should the enforceable
obligation not be so construed, the parcel shall be retained for government use as public parking, affordable
senior housing, and a senior center with services for the aged and infirm, or a combination of all three uses.
66 193 3
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Atlantic &Josephine
APN# 6189 - 013 -900
• Vacant Land
City owned property located on
the northwest corner of Atlantic
& Josephine
G 10,363 sq. ft.
Acquired April 16, 1990
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
Vacant Land on the northwest corner of Atlantic Avenue and Josephine Street
Lynwood, California 90262
Acquisition Information
Parcel was acquired April 16, 1990 at a cost of $196,500 with other parcels
Purpose Acquired
Parcel was acquired as a remnant parcel from Caltrans.
Parcel Data
APN 6189 - 013 -900
0.2379 acres (approximately 10,363 square feet);
Zoned Residential.
Current Value
This parcel does not generate revenue. It has been vacant and fenced for about 25 years. The parcel abuts the
105 freeway and there are limited comparable sales. The parcel is currently valued at zero because of the
continued government use as a city yard for mulch.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel has been vacant with a deteriorated fence for over 25 years. A Phase 1 report has not been prepared
nor approved. There is no known history of any prior use that would require further environmental
investigation.
Potential for Transit Oriented Development
While the parcel abuts the 105 freeway there is little potential for transit oriented development.
Previous Development Proposals — Existing Leases
The property has previously been used as a staging area but there are no concrete development proposals or
leases. The government use for the parcel as a mulch area for government purposes has not attracted
development proposals.
Proposed Disposition of Property
This parcel is proposed to be sold to satisfy obligations of the successor agency under Health & Safety Code
section 34179.6. In the alternative, should the sale of the property be unworkable following an 18 -month
listing agreement after requests for proposals from reputable real estate brokers, this parcel is to be retained for
future development.
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APN# 6169 - 002 -908
• Vacant Land
Located on the South side of
Fernwood Ave between State St.
and Beechwood Ave.
33,147 sgft.
o Acquired September 2008
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
Vacant Land on Fernwood Avenue between State Street and Beechwood Avenue
Lynwood, California 90262
Acquisition Information
Parcel was acquired October 8, 2008 at a cost of $209,000
Purpose Acquired
Parcel was acquired as a remnant parcel from Caltrans for the government use of public
parking around the parcel.
Parcel Data
APN 6169 - 002 -908
0.7610 acres (approximately 33,147 square feet);
Not Currently Zoned as it abuts the 105 Freeway
This parcel is within a proposed Transit Oriented Development Strategic Plan coordinated with Caltrans and the
Los Angeles County METRO.
Current Value
The parcel has no value as it is burdened by the adjacent 105 freeway and over 25 years as vacant land with the
health and safety hazards of being adjacent and abutting the 105 freeway. This parcel does not generate
revenue. The parcel is within the Long Beach Boulevard Specific Plan and the proposed Transit Oriented
Development Strategic Plan coordinated with Caltrans and the Los Angeles County METRO. As a result, the
parcel is valued at zero and proposed to be dedicated for the government use as public parking.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel has been vacant with a deteriorated fence for over 25 years. A Phase 1 report has not been prepared
nor approved. There is no known history of any prior use that would require further environmental
investigation.
Potential for Transit Oriented Development
The parcel is located within a half mile of a transit center. This specific parcel and its environs are conducive to
transit oriented development. The nearest potential transit station site is about a half -mile away and there are
current strategic plans for transit area village under cooperation Caltrans and the Los Angeles County METRO.
Previous Development Proposals — Existing Leases
eases
As the parcel is not zoned and to be included in a Transit Oriented Development Strategic Plan in coordination
with Caltrans and the Los Angeles County METRO, there are no concrete development proposals or leases.
Neighboring property owners have asked for temporary use of the parcel but due to health and safety hazards, it
would only be prudent to entertain proposals where the parcel may be paved and abated of the heal and safety
hazards before entertaining any use by neighboring property owners or any third party.
Proposed Disposition of Property
This parcel is proposed to be retained for government use as public parking and eventually as continued public
parking under the proposed Transit Oriented Development Strategic Plan in coordination with Caltrans and the
Los Angeles County METRO to be adopted in June 2016.
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11409 Birch Street
APN# 6173-007-9011902
• Youth Center
City owned property that is used for
youth center
19,440 sq ft combined
901 acquired 3/16/2011
o 902 acquired 4/22/1943
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
11409 Birch Street
Lynwood, California 90262
Acquisition Information
Parcel was acquired at a cost of $
Purpose Acquired
Parcel was acquired as
Parcel Data
APN 6173- 007 -901, -902
0.4463 acres (approximately 19,440 square feet);
Zoned Government Use.
Current Value
This parcel does not generate revenue. It is a Youth Center run by the City of Lynwood. The parcel is currently
valued at zero because of the continued government use as a City operated Youth Center.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel has no known prior environmental conditions. A Phase 1 report has not been prepared nor approved.
There is no known history of any prior use that would require further environmental investigation.
Potential for Transit Oriented Development
There is little potential for transit oriented development.
Previous Development Proposals — Existing Leases
The property has no prior development proposals as it has been used as a Youth Center.
Proposed Disposition of Property
This parcel is proposed to be transferred and dedicated for continued government use as a Youth Center and
conveyed to the City of Lynwood.
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Parking Lot in Shopping Center
10925 Atlantic Avenue
6193- 003 -900
Parking Lot
Acquired: October 31, 1995 for
parking at proposed shopping center
development.
o Parcel Size: 0.3154 acres
(approximately 13,739 square feet)
o Situated in parking lot of Atlantic
Crossings Shopping center Located
approximately at the Northwest corner
of Atlantic Avenue and Imperial
Highway, in Lynwood ,CA
PROPERTY INFORMATION
LONG -RANGE PROPERTY MANAGEMENT PLAN
Property Address
10925 Atlantic Avenue
Lynwood, California 90262
Acquisition Information
This parcel was acquired October 31, 1995 for a cost of $225,000 in connection with a proposed shopping
center development.
Purpose Acquired
The parcel was acquired for free inclusion into a shopping center to be developed around the
parcel.
Parcel Data
APN 6193- 003 -900
0.3154 acres (approximately 13,739 square feet)
Commercial; zoned LYC3
Current Value
The parcel is incorporated as a portion of a parking lot in a shopping center development and encumbered by
an enforceable obligation for use and maintenance of a parking lot by the shopping center owner. As a result
of this encumbrance, the parcel is of no value and subject to the terms of an enforceable obligation.
Lease /rental Income and Contractual Requirements
The parcel generates no revenue. There are no contractual revenue - generating requirements.
Environmental Contamination
The parcel was paved for incorporation into a shopping center and subject to an enforceable obligation for use
and maintenance of the parking lot for about 20 years. A Phase 1 report has not been prepared nor approved.
There is no known history of any prior use that would require further environmental investigation.
Potential for Transit Oriented Development
The parcel has little present potential for transit oriented development.
Previous Development Proposals — Existing e eases
The parcel is part of a shopping center development and subject to an enforceable obligation for the use and
operation of the parcel as parking. There are no other development proposals or leases.
Proposed Disposition of Property
This parcel is proposed to be used to fulfill an enforceable obligation. In the alternative, the parcel shall be
retained for government use as public parking.
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H v v ► a ALL 900 SERIES PARCELS ON THIS PAGE ARE ASSES
TO THE LYNWOOD REDEVELOPMENT AGENCY, UNLE:
OTHERWISE NOTED.
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PART II: PROPERTY DISPOSITION & USE
The second part of the LRPMP provides the planned use or disposition of each of the properties
in the manner described in Health & Safety Code Section 34191.5(c)(2). The following
summarizes the four types of permitted disposition /use:
Plan Category
Use /Disposition Purpose of Property
Property Transferee
Enforceable
Use Consistent with Enforceable Obligation
Designated Enforceable
Obligation
Terms
Obligation Recipient
Governmental
Governmental Use in Accordance with
Appropriate Public
Section 34181(a)
Jurisdiction
Approved
Transfer to City for use in a project
City
Redevelopment
identified in the Approved Redevelopment
Plan Project
Plan. Disposition proceeds to be
distributed among Taxing Entities in
accordance with a Compensation
Agreement
Other Liquidation
Sale by Successor Agency to private buyer
Approved Buyer
with proceeds distributed to Taxing Entities
Summary of Plan Category Decision
The relevant "approved redevelopment plan" that identifies the projects for which the properties
will be disposed and used consists of:
❖ [STAFF TO INSERT AND PROVIDE PROJECT AREA, REDEVELOPMENT PLAN, AND
CORRESPONDING DATE(S), NAME(S) —IF DIFFERENT PLANS OR MERGED —AND
ORDINANCE(S)]; and
❖ The accompanying [STAFF TO INSERT AND PROVIDE IMPLEMENTATION PLAN
FOR THE ABOVE] in accordance with the requirements of Health & Safety Code
Section 33490.
Long -Term Planned Use / Disposition of Each Property
As required by Health & Safety Code Section 34191.5(c)(2), the LRPMP identifies that:
❖ parcels are needed to be retained for purposes of fulfilling an enforceable
obligation;
❖ parcels are dedicated for governmental use purposes;
❖ parcels are to be retained for future development under the redevelopment
plan;
❖ parcels are to be sold; however, should the sale of the property not be
feasible or otherwise achievable, then the property is to be retained for future
development as permissible under Health & Safety Code section 34191.5(c)(2).
Implementation Steps
The following summarizes the steps to transfer the properties as government use, or for future
development.
Government Use
The Successor Agency, upon approval of this LRPMP, promptly will affect the transfer of the
government use properties to the applicable public entity by grant deed or quitclaim deed.
For Sale or if not feasible or otherwise unsuccessful, to be Retained for Future
Development under Health & Safety Code section 34191.5(c)(2)
The other parcels listed in this category will be further analyzed for proper disposition
for third party sales to maximize values. Given the unique nature of the development
opportunities and parties approaching the City, the City is likely to negotiate development
agreements and the sales of the Successor Agency properties will likely be to third parties with
some form of a purchase and sale agreement or similar non - statutory development agreement
generated to maximize value for the taxing entities —the City is among the taxing entities.
However, if the sales and /or negotiations are not feasible or otherwise unsuccessful, those
properties will be retained for future development.
Properties to be Retained for Development – Guidelines for Future Development
Upon transfer pursuant to this LRPMP, as noted above, the City will cause the properties to be
developed in accordance with the following principals and guidelines:
1. Qualified Real Estate Developer. Each property will be disposed of to a qualified real
estate developer (Developer) with the experience and financial capability to timely
acquire and develop the property in accordance with an approved Disposition and
Development Agreement (DDA) or other type of agreement. The Developer will be
selected through an appropriate selection process involving solicitation of interested
prospective developers through a request for qualifications (RFQ), Request for
Proposals (RFP), qualified bid or similar selection process.
2. DDA or Other Type of Agreement. Each property will be disposed of and developed
pursuant to an approved DDA. The purchase price or lease payments to be paid by the
Developer of each property under the DDA will equal not less than either the fair market
value of the property or the fair reuse value of the property at the use and with
covenants and conditions and the development costs authorized pursuant to the DDA,
as determined by formal action of the Successor Agency. Among other provisions, each
DDA will require the Developer to:
a. Meet specified pre- disposition conditions demonstrating its readiness and ability
to commence construction;
b. Develop the property in accordance with the General Plan and the specific land
use entitlements granted by the City; and
C. Commence and complete construction of the approved development within
specified deadlines.
3. Legislative Body Approval. The Developer, the DDA and any substantial amendment to
the DDA for each property will be subject to approval by the City Council at a public
meeting duly noticed in accordance with the notices and procedures described in Health
and Safety Code Section 33433(a).
While the timing of disposition and development of each property will depend on market
conditions and interest of the private real estate development and financing community, it is
currently anticipated that such disposition and development may occur generally in accordance
with the following process:
Once the properties are transferred to the 3rd party, the land sale proceeds will be distributed
amongst the Taxing Entities.
Y
A
AGENDA STAFF REPORT
DATE: December 1, 2015
TO: Honorable Members of the Board of Directors of the Oversight Board to
the Lynwood Redevelopment Agency Successor Agency
PREPARED BY: Amanda Hall, Finance Director for the City of Lynwood, ac ling as the
Lynwood Redevelopment Agency Successor Agency
Gustavo Lamanna, Special Counsel
SUBJECT: Request for the Oversight Board to the Lynwood Redevelopment Agency
Successor Agency to approve a resolution to provide an installment
payment plan for the payment of obligations under AB X1 26, as
amended, and request a finding of completion from the California
Department of Finance and authorize the Executive Director of the
Lynwood Redevelopment Agency Successor Agency, or his designee, to
finalize, execute, and transmit the installment payment plan and request
for finding of completion under Health & Safety Code sections
34179.6(h)(3) and 34191.1 at least five business days before
December 31, 2015.
Recommendation:
Staff recommends the Board of Directors of the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency adopt: A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE OVERSIGHT BOARD TO THE LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY APPROVING THE INSTALLMENT PAYMENT
PLAN UNDER HEALTH & SAFETY CODE SECTION 34179.6(H)(3) AND REQUEST
FOR FINDING OF COMPLETION UNDER HEALTH & SAFTEY CODE SECTION
34191.1 WITHIN THE TIME DEADLINES OF AB X1 26, AS AMENDED, AND
SPECIFICALLY SB 107, AND AUTHORIZING THE LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY EXECUTIVE DIRECTOR, OR HIS DESIGNEE, TO
CONTINUE TO NEGOTIATE, FINALIZE, EXECUTE, AND TIMELY TRANSMIT THE
INSTALLMENT PLAN AND FINDING OF COMPLETION REQUEST
Introduction
Staff recommends that the Members of the Board of Directors of the Oversight Board to the
Lynwood Redevelopment Agency Successor Agency (Oversight Board) approve a resolution to
provide an installment payment plan for the payment of obligations under AB X1 26, as
amended, and request a finding of completion from the California Department of Finance and
authorize the Executive Director of the Lynwood Redevelopment Agency Successor Agency
(Successor Agency), or his designee, to finalize, execute, and transmit the installment payment
plan and request for finding of completion under Health & Safety Code sections 34179.6(h)(3)
and 34191.5 at least five business days before December 31, 2015.
AGENDA
ITEM
Background:
Under the redevelopment dissolution statute AB X1 26, as amended, and specifically pursuant
to Health & Safety Code sections 34167.5, 34179.6, and 34179.7, the California State Controller
and California Department of Finance ordered, imposed, and demanded certain actions and
payments from the Successor Agency. Staff has been investigating and negotiating with the
California State Controller and California Department of Finance. However, with the passage of
SB 107 on September 22, 2015, the Successor Agency accelerated its investigation and
negotiation and proposed to provide an installment payment plan under Health & Safety Code
section 34179.6(h)(3) (the "Installment Plan ") and request a finding of completion under Health
& Safety Code section 34191.1 and the postcompliance provisions of Chapter 9 of Part 1.85 of
Division 24 of the Health & Safety Code ( "FOC Request "). Concurrently with the submittal of
the Installment Plan and FOC Request, the Successor Agency proposes a submittal of a long -
range property management plan ( "LRPMP ") which is a separate item. These three items, the
Installment Plan, FOC Request, and LRPMP will also be proposed to the Oversight Board to the
Successor Agency with a separate request to return of the Youth Center to the City of Lynwood
as a government use under Health & Safety Code section 34181(a).
Discussion & Analysis:
Installment Plan
As noted in the attached form of Installment Plan, approximately $2,552,857 is reported as due
and owing from the Successor Agency under AB X1 26, as amended. Health & Safety Code
section 34179.6(h)(3) enables the Successor Agency to enter into an installment payment plan.
After some negotiation with the California Department of Finance ( "Finance "), staff determined
there is merit to continue some negotiation and submit the Installment Plan at least five
business days before December 31, 2015 or December 17, 2015 at the latest to allow for
Finance to respond accordingly and move forward with implementing AB X1 26, as amended.
As part of this resolution, staff is suggesting the Executive Director, or his designee, be given
discretion to continue to negotiate the amounts claimed and documents to assure all the
interests of the Successor Agency are preserved and protected.
Finding of Completion
Upon satisfactory compliance with AB X1 26, as amended, the Successor Agency may submit a
FOC Request. Health & Safety Code section 34191.1, and Chapter 9 of Part 1.85 of Division 24
of the Health & Safety Code, provide significant benefits to the Successor Agency following the
issuance of FOC. A successor agency may not request a FOC unless and until it has paid all
obligations and request for a finding of completion. The Installment Plan enables the Successor
Agency to submit a FOC Request and consider the $2,552,857 as paid through a statutory
installment plan provision under Health & Safety Code section 34179.6(h)(3).
Conclusion
Staff recommends the Oversight Board approve the attached resolution, finalize the Installment
Plan and FOC Request, and authorize the Successor Agency Executive Director or his
designee to continue to negotiate, finalize, and transmit the Installment Plan and FOC Request
accordingly.
Coordinated With: City Attorney, Community Development, Finance Department
Attachments: Exhibit A- Installment Plan, Exhibit B –FOC Request, Exhibit C— Resolution
OA
OVERSIGHT BOARD RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OVERSIGHT BOARD
TO THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
APPROVING THE INSTALLMENT PAYMENT PLAN UNDER HEALTH & SAFETY
CODE SECTION 34179.6(H)(3) AND REQUEST FOR FINDING OF COMPLETION
UNDER HEALTH & SAFTEY CODE SECTION 34191.1 WITHIN THE TIME
DEADLINES OF AB X1 26, AS AMENDED, AND SPECIFICALLY SB 107, AND
AUTHORIZING THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR
AGENCY EXECUTIVE DIRECTOR, OR HIS DESIGNEE, TO CONTINUE TO
NEGOTIATE, FINALIZE, EXECUTE, AND TIMELY TRANSMIT THE INSTALLMENT
PLAN AND FINDING OF COMPLETION REQUEST
WHEREAS, pursuant to Sections 34167.5, 34179.6, and 34179.7 of the Health
and Safety Code, the California State Controller's Office and California Department of
Finance issued orders, imposed obligations, and demanded payment under the
redevelopment dissolution law AB X1 26, as amended, to the Lynwood Redevelopment
Agency Successor Agency ( "Successor Agency "); and
WHEREAS, in conformance with these orders, obligations, and payment
demands, under Section 34179.6(h)(3) of the Health and Safety Code, the Successor
Agency transmitted and negotiated an installment payment plan ( "Installment Plan ");
and
WHEREAS, Section 34191.1 of the Health and Safety Code and Chapter 9 of
Part 1.85 of Division 24 of the Health & Safety Code, set out the postcompliance
provisions of AB X1 26, as amended; to reach these postcompliance provisions, the
Successor Agency must enter into the Installment Plan and submit a request for a
finding of completion ( "FOC Request "); and
WHEREAS, the Oversight Board to the Successor Agency ( "Oversight Board ")
finds the Installment Plan and FOC Request in the best interest of the affected taxing
entities of the Successor Agency, the Successor Agency, the City of Lynwood, and
community, and authorizes the Successor Agency Executive Director, or his designee,
to continue to negotiate the Installment Plan and submit the FOC Request in sufficient
time to receive the FOC before December 31, 2015.
NOW, THEREFORE, THE OVERSIGHT BOARD DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval of Installment Plan and FOC Request. The Oversight
Board approves the Installment Plan in substantially the form attached hereto as Exhibit
A and the FOC Request in substantially the form attached hereto as Exhibit B; the
Oversight Board further directs the Successor Agency to continue to negotiate, execute,
and transmit the Installment Plan and FOC Request; and finally, the Oversight Board
authorizes the Executive Director of the Successor Agency, or the Executive Director's
designee, to execute and transmit the Installment Plan and FOC Request in such forms
negotiated to the satisfaction of the Successor Agency Executive Director or his
designee.
Section 3. Authorization to Make Changes . The Oversight Board authorizes
the Executive Director of the Successor Agency or the Executive Director's designee to
make substantive changes as necessary to the Installment Plan and the FOC Request,
if required and appropriate, before they are executed and submitted in compliance with
AB X1 26, as amended, and take any actions in furtherance of this resolution thereafter
as necessary.
Section 4. That the Secretary of the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, certify the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this day of
Chairperson
ATTEST:
Secretary
APPROVED AS TO FORM:
David A. Garcia
General Counsel
Successor Agency
2015.
2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, the undersigned, as Secretary to the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency, do hereby certify that the above and
foregoing Resolution was duly adopted by the Oversight Board to the Lynwood
Redevelopment Agency Successor Agency at a meeting held in the City Hall of said
City on the day of 2015, and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Secretary
5
INSTALLMENT PAYMENT PLAN
FROM THE LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
TO THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FINANCE
[Health & Safety Code section 34179.6(h)(3)]
THIS INSTALLMENT PAYMENT PLAN (the "Installment Plan ") is submitted by the
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a public body,
corporate and politic, established pursuant to Health & Safety Code section 34173 ( "Successor
Agency ") to MICHAEL COHEN, in his capacity as the Director of the Department of Finance,
an executive branch of the State of California ( "Finance Director ") in conformance with Health
& Safety Code section 34179.6(h)(3). This Installment Plan is effective and dated as of
November 18, 2015 (the "Effective Date ").
RECITALS
A. Pursuant to Health & Safety Code section 34183.5(b), the Successor Agency
received a demand from the Los Angeles County Auditor - Controller to pay Three Hundred
Eighty Two Thousand One Hundred Twelve and 46/100 Dollars ($382,112.46) on July 12, 2012
(the "True -Up Demand "). As of the Effective Date, the True -Up Demand is due and payable.
B. Pursuant to Health & Safety Code sections 34179.5 and 34179.6, on or about
October 1, 2012, the Successor Agency submitted a due diligence report for its low- and
moderate - income housing fund ( "LMIHF DDR "). As of the Effective Date, the amount owing
on the LMIHF DDR is Eighty Seven Thousand Eight Hundred Ninety Eight Dollars ($87,898)
(the "LMIHF DDR Obligation ").
C. Pursuant to Health & Safety Code sections 34179.5 and 34179.6, on or about
December 13, 2012, the Successor Agency submitted a due diligence report for its other funds
and accounts fund ( "OFA DDR "). As of the Effective Date, the amount owing on the OFA DDR
is Two Million Eighty Two Thousand Eight Hundred Forty Five Dollars ($2,082,845) (the "OFA
DDR Obligation ").
D. The OFA DDR Obligation is further divided into a One Million Nine Hundred
Eighty Two Thousand Seven Hundred Forty Five Dollar ($1,982,745) water loan prepayment
and One Hundred Thousand One Hundred Dollars ($100,100) United States Department of
Housing and Urban Development section 108 loan repayment.
E. As of the Effective Date, the Successor Agency represents it is not currently
feasible to pay the True -Up Demand, LMIHF DDR Obligation, and OFA DDR Obligation and
that payment thereof would jeopardize the ability of the Successor Agency to pay enforceable
obligations in a timely manner.
F. The Successor Agency submits this Installment Plan to Finance Director in
accordance with Health & Safety Code section 34179.6(h)(3) and makes the payments herein
conditioned upon two events: first, that the Finance Director authorize the issuance of a finding
Installment Payment Plan
Page 1 of 4
of completion under Health & Safety Code section 34179.7 five (5) business days from the
approval of the Installment Plan and request for finding of completion which, in any event, shall
be prior to December 31, 2015; and second, that the Finance Director approve the long -range
property management plan of the Successor Agency ( "LRPMP ") before December 31, 2015.
G. The Installment Plan is contingent upon continued receipt of certain former tax
increment remitted by the County of Los Angeles to the City of Lynwood, as an affected taxing
entity ( "City ATE "). As of January 23, 2015, the Finance Director reports the City ATE
received $525,482 according to cell D137 in the Excel spreadsheet posted on the Finance
Director's website (hLp: / /www.dof.ca.gov /redevelopment /property tax residual distribution/).
This reported amount suggests $175,000 may be available to the City ATE ( "Apparent
Residual "). The availability of the Apparent Residual is contingent on the implementation of AB
X1 26, as amended, and particularly the enforceable obligations posted on the recognized
obligation payment schedules of the Successor Agency and potential economic events, including,
but not limited to, reversal of Finance Director denied enforceable obligations and other
economic events which may impact the City of Lynwood and otherwise require the redirection of
available residuals to the City ATE ( "Economic Events ").
H. On the date the Finance Director approves this Installment Plan (the "Approval
Date "), the Successor Agency proposes to make an initial payment towards the obligations
hereinabove recited and implement the Installment Plan according to the terms and conditions
offered by the Successor Agency and accepted by the Finance Director for the issuance of the
finding of completion ( "FOC ") and approval of the Successor Agency LRPMP.
NOW THEREFORE, the Successor Agency proposes the Installment Plan as follows:
SECTION I. PURPOSE OF THE INSTALLMENT PAYMENT PLAN
Purpose: The purpose of this Installment Plan is to confirm the amounts of the True -Up
Demand, LMIHF DDR Obligation, and OFA DDR Obligation are due and owing as of the
Effective Date and set out an installment payment plan for payment thereof with the
understanding and commitment the Finance Director would (1) authorize the issuance of a FOC
under Health & Safety Code section 34179.7 within five (5) business days of acceptance of this
Installment Plan by Finance Director and submittal of a request for finding of completion by the
Successor Agency; and (2) approve the LRPMP.
SECTION II. THE INSTALLMENT PLAN PAYMENTS AND DATES
Installment Plan: The Successor Agency promises to pay the True -Up Demand, OFA
DDR, and LMIHF DDR in a minimum amount of the Apparent Residuals, so long as there are
no Economic Events, according to the installments described in the following chart:
[The remainder of this page is blank]
Installment Payment Plan
Page 2 of 4
Installment Payment Plan Chart
Obligation
Amount
Date
OFA DDR Obligation - Water Loan
$1,982,745
Eleven (11) annual
Prepayment
payments in the amount of
the Apparent Residual on
the first business day of
July of every year after the
Approval Date commencing
on July 1, 2016 and a final
annual payment of $56,000
or such remaining balance
then due on the first
business day of July
following the twelfth
anniversary of the
Approval Date.
OFA DDR Obligation - Section 108 Loan
$100,100
Pay in Full 5 business days
after the Approval Date
LMIHF DDR Obligation
$87,898
Pay in Full 5 business days
after the Approval Date
True -Up Demand
$382,114
Pay in Full 5 business days
after the Approval Date
Total
$2,552,857
$2,552,857
SECTION III. MISCELLANEOUS
1. Further Cooperation. The Successor Agency agrees to execute such other instruments,
agreements and amendments to documents as may be necessary or appropriate to effectuate the
Installment Plan.
2. Waivers; Amendments. All waivers of the provisions of this Installment Plan and all
amendments hereto must be in writing and signed by the appropriate authorities of the Parties.
3. Time of the Essence. Time is of the essence with respect to this Installment Plan.
4. Authority to Execute. Successor Agency hereby represents that the persons executing
this Installment Plan have full authority to do so and to bind the Successor Agency to perform
pursuant to the terms and conditions of this Installment Plan.
Installment Payment Plan
Page 3 of 4
IN WITNESS WHEREOF, the Successor Agency submits this Installment Plan to the
Finance Director and requests approval. This Installment Plan is dated as of the Effective Date
notwithstanding the date besides the Successor Agency, which is the date the Installment Plan
was signed.
Dated:
ATTEST
Secretary
Maria Quinonez
LYNWOOD REDEVELOPMENT
AGENCY SUCCESSOR AGENCY
Lo
APPROVED AS TO FORM AND LEGALITY
General Counsel
David Garcia
Special Counsel
Dated:
Gustavo Lamanna
"Approval Date"
APPROVED:
MICHAEL COHEN, in his capacity as the
Director of the California Department of
Finance
Name /Title
Installment Payment Plan
Page 4 of 4
r
7F 7 1 Aft
FINDING OF COMPLETION VERIFICATION REQUEST FORM
Instructions: Please fill out this form in its entirety to request the Department of Finance (Finance) to provide a
finding of completion determination. Upon completion, email a PDF version of this document (including any
attachments) to:
Redevelopment _Administration @dof.ca.gov
The subject line should state "[Agency Name] Finding of Completion Determination Request ". Finance will
contact the requesting agency upon receipt for any additional information that may be necessary. Questions
related to the finding of completion determination process should be directed to (916) 445 -1546 or by email to
Redevelopment Administration@dof.ca.gov.
Pursuant to Health and Safety Code (HSC) Section 34179.7, Finance will issue a finding of completion to the
successor agency, within five business days, once the following conditions have been met and verified:
• The successor agency has paid the full amount as determined during the July True -Up process or has
paid the full amount upon a final judicial determination of the amounts due and confirmation that those
amounts have been paid to the county auditor - controller.
• The successor agency has paid the full amount as determined during the due diligence reviews or has
paid a final judicial determination and the county auditor - controller has reported those payments to Finance.
Per HSC 34179.6 (g), the county auditor - controller only provides Finance a report specifying the amount
submitted by each successor agency on or around December 1, 2012 and April 20, 2013. Therefore, if an entity
wishes to obtain a finding of completion prior to these dates, the successor agency should provide Finance the
necessary supporting documentation to substantiate the amounts paid. Without this documentation, Finance
has no ability to determine that the successor agency has paid the full amount previously described prior to the
county auditor - controller report, and will thus be incapable of issuing a finding of completion prior to the receipt
of those reports.
If the payments described previously were submitted subsequent to April 20, 2013, then the successor agency
should provide Finance the necessary supporting documentation to substantiate the amounts paid. Without this
documentation, Finance has no ability to determine that the successor has paid the full amounts due, and will
thus be incapable of issuing a finding of completion.
Documentation may include copies of checks or warrants, evidence of wire transfers, bank statements, written
confirmation of payment from the county auditor - controller, and /or a final judicial determination order. If the
successor agency is unable to provide sufficient evidence to demonstrate payment, Finance reserves the right
to waive review of this request until receipt of the report from the county auditor - controller in April 2013.
GENERAL INFORMATION:
Successor Agency Name: LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY
Date of Request: DECEMBER , 2015
Page 1 of 2
DETAIL OF REQUEST
July True -Up Process or Final Judicial Determination
Amount Due: $382,112.46
Amount Paid: $382,112.46
Payment Date: December , 2015
Low and Moderate Income Housing Funds Due Diligence Review or Final Judicial
Determination
Finance Determination Letter or Final Judicial Determination Date: March 12, 2013
Amount Due: $733,536
Amount Paid: $733,536
Payment Date: Various, most recent December 2015
"Other Funds" Due Diligence Review or Final Judicial Determination
Finance Determination Letter or Final Judicial Determination Date: May 8, 2013
Amount Due: $2,082,845
Amount Paid: $2,082,845
Payment Date: Various, most recent Dec_, 2015 and Installment Payment Plan per HSC 34179.6(h)(3)
Agency Contact Information
Name:
Amanda Hall
Name: Gustavo Lamanna
Title:
Finance Director
Title: Special Counsel
Phone:
310 - 603 -0220 x281
Phone: 310 - 497 -6558
Email:
ahall @lynwood.ca.us
Email: glamanna @usa.net
Date:
Dec , 2015
Date: Dec , 2015
Department of Finance Local Government Unit Use Only
DETERMINATION OF FINIDING OF COMPLETION STATUS: ❑ APPROVED ❑ DENIED
APPROVED /DENIED BY:
DATE:
APROVAL OR DENIAL LETTER PROVIDED: ❑ YES DATE AGENCY NOTIFIED:
Form DF -FC (01/07/13)
Page 2 of 2