HomeMy Public PortalAbout2021.078 - (07-06-21) RESOLUTION NO. 2021.078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING
ALL NET PROCEEDS FROM THE SALE OF ELEVEN (11) PROPERTIES
LOCATED IN THE SOUTHEAST QUADRANT OF LONG BEACH
BOULEVARD AND THE 1-105 FREEWAY, AND HELD IN
RECEIVERSHIP ON BEHALF OF THE CITY BE ALLOCATED TO THE
CONTINUED ONSITE AND OFFSITE ENVIRONMENTAL CLEANUP OF
11600 LONG BEACH BOULEVARD AND SURROUNDING PROPERTIES
WHEREAS, the City of Lynwood (City) has been spearheading the
redevelopment of the area known as the "Garfield Express" project area (the "Site")
since the mid-2000s; and
WHEREAS, the Site is located in southeast quadrant of Long Beach Boulevard
and the 1-105 Freeway in the area of 11600 Long Beach Boulevard, Lynwood; and
WHEREAS, the redevelopment of the Site has been stalled due to the
overwhelming environmental issues; and
WHEREAS, due to the City's involvement in the project, a variety of funding
sources have been procured and administered by the City to advance the environmental
cleanup of the Site; and
WHEREAS, in 2014, the City reached a settlement with responsible parties and
the property owner of 11600 Long Beach Boulevard for purposes of addressing the
contamination, which resulted in a final settlement of approximately$755,000 and eleven
(11) properties that were put in a Receivership for the beneficial use of the City towards
the redevelopment of the Site; and
WHEREAS, all acquired funds from said settlement have been allocated towards
assisting in the undertaking of the costs needed for remediation of the Site; and
WHEREAS, in 2020, the Regional Water Quality Control Board (RWQCB) issued
a Cleanup and Abatement Order (CAO) against those same parties that already
participated in the litigation brought by the City with one additional party being added,
which is the Receiver of the properties held for the benefit of the City; and
WHEREAS, the RWQCB has also participated in proceedings in the United States
District Court, the State Probate Court, and most recently the State Attorney General's
Office. All of these proceedings were done by RWQCB to have additional enforcement
options, including the ability to impose fines and penalties; and
WHEREAS, with the exception of the Receivership, the remaining parties named
in the CAO lack the financial wherewithal to comply with the CAO; and
1
WHEREAS, the City has been inZolved with Northgate Gonzalez Markets
(Northgate) over the past 10 years to build a new fresh-format supermarket in this food-
desert area of Lynwood; and
WHEREAS, the City, the Receiver, and Northgate have all been coordinating their
efforts in trying to work with the RWQCB to cease its costly enforcement activities and
focus on productive means to facilitate the cleanup and redevelopment of the property in
way that is beneficial to the community and the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood finds the recitals set forth above are
true and correct and incorporated herein as if set forth in full.
Section 2. The City Council of the City of Lynwood hereby shows their continued
support for the cleanup of the Site and authorizes the appropriation of all net proceeds
from the sale of the eleven (11) properties held in a Receivership, on behalf of the City,
to the ongoing onsite and offsite environmental cleanup of the Site (see Exhibit A to this
resolution for full list of properties).
Section 3. The City Council of the City of Lynwood directs the City Manager, or his
designee, to send a certified copy of this resolution to the RWQCB, the State Water
Regional Control Board's (SWRCB's), and State Attorney General's Office.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution
and shall enter it into the book of original resolutions.
(Signatures on the Next Page)
•
2
PASSED, APPROVED and ADOPTED this 6t" day of July 2021.
M.-,.ise : S May•r
ATTEST:
aria Quinonez,
City Clerk
APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, Ernie Hem. d. ,
City Attorney City Mana•
3
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was duly adopted by the City Council of said City at its
special meeting thereof held in the City Hall of the City on the 6th day of July, 2021 and
passed by the following vote:
AYES: COUNCIL MEMBERS FLORES, SOLACHE, SOTO, MAYOR PRO TEM
CASANOVA AND MAYOR SANTANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
/1i(A.14J
Maria Qumonez, /�
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Resolution No. 2021.078 on file in my office and that said resolution
was adopted on the date and by the vote therein stated. Dated this 6th day of July,
2021.
Maria Quinonez,
City Clerk
4