HomeMy Public PortalAbout2021.062 - (06-15-21) RESOLUTION NO. 2021.062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA MAKING
FINDINGS AND DECLARING CITY OWNED REAL PROPERTY
COMMONLY KNOWN AS THE AGNES/ATLANTIC PROPERTY (APN#S
6186-001-900 THROUGH 6186-001-9009) EXEMPT SURPLUS LAND
PURSUANT TO GOVERNMENT CODE SECTION 54234(A)(1)
WHEREAS, the City of Lynwood (the "City") is the fee owner of that certain
property located on the westerly side of Atlantic Avenue between Agnes Avenue and
Lavinia Avenue which consists of ten (10) parcels measuring approximately 38,350
square feet and identified as 6186-001-900, 6186-001-9056186-001-901, 6186-001-906,
6186-001-902, 6186-001-907, 6186-001-903, 6186-001-908, 6186-001-904, and 6186-
001-909 as shown in Exhibit "A" (the "Property")to this resolution; and
WHEREAS, on September 5, 2017, the City entered into an Amended and Restate
Disposition and Development Agreement by and between the City of Lynwood, the
Lynwood Housing Authority, and Pacific Development Consultants, Inc. (the "Developer")
(the "Amended and Restated DDA") amending and replacing a prior 2015 Disposition and
Development Agreement as part of a comprehensive legal settlement to satisfy the 2015
judgment of the court cases of Rogel et al. v. Redevelopment Agency of the City of
Lynwood et al., Los Angeles County Superior Court Case No. BS106592 ("Rogel I
Judgment") and the 2017 settlement agreement in the case Rogel et al. v. State of
California Department of Finance, et al., Sacramento County Superior Court Case No.
34-2014-80001977 ("Rogel II Settlement Agreement"); and
WHEREAS, under Amended and Restated DDA, the City agreed to sell the
Property to the Developer for the development of sixty-six (66) non-aged restricted low-
moderate housing units; and
WHEREAS, effective January 1, 2020, the Surplus Land Act("SLA")was amended
by Assembly Bill 1486 which, among other requirements, changed the long-standing
definition of"surplus land," requiring that real property owned by a local agency must first
be declared "surplus land" or "exempt surplus land" before it may sold, leased, or
otherwise disposed; and
WHEREAS, pursuant to Government Code Section 54234(a)(1), real property is
exempt from the SLA if a local agency, as of September 30, 2019, has entered into an
exclusive negotiating agreement or legally binding agreement to dispose of property
provided the disposition is completed not later than December 31, 2022; and
WHEREAS, the City desires to declare the Property excess surplus land pursuant
to Government Code Section 54234(a)(1) and convey the Property in accordance with
the terms and conditions of the Amended and Restated DDA.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that the above recitals are true and correct
and are a substantive part of this Resolution and incorporates them as part of the findings.
Section 2. Based on the above recitals, the staff report accompanying this
Resolution, the City Council hereby declare the Property exempt surplus land pursuant
to Government Code Section 54234(a)(1) based on the following findings: the dispositon
of the Property is provided under the terms and conditions of the Amended and Restate
DDA, which was approved by the City Council on September 5, 2017; the Amended and
Restated DDA constitutes a legally binding agreement entered into by the City to satisfy
the Rogel 1 Judgement and Rogel II Settlement Agreement terms; the Amended and
Restated DDA was in existence and in effect as of September 30, 2019; and the
declaration of exempt surplus land is consistent with the City's General Plan Housing
Element goals and policies assisting the creation of needed affordable housing consistent
with regional and state housing needs.
Section 3. The City Council hereby finds this Resolution declaring the Property
exempt surplus land is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code or Regulations
because it can be seen with certainty that there is nopossibility that this Resolution may
have a significant effect on the environment.
Section 4. If any section, subsection, clause or phrase of this Resolution is for any
reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the
validity of the remaining sections of this Resolution.
Section 5. The City Clerk shall attest and certify to the passage and adoption of this
Resolution and it shall become effective immediately upon its approval.
(Signatures on Next Page)
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PASSED, APPROVED and ADOPTED this 15th day of June 2021.
" Ii •` ant. a, .'ayor
`
ATTEST:
4 A.....?I- / _ fir& -di JI` '
Maria Quinonez,
dir
City Clerk
APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, Ernie Herr. -z,
City Attorney City Ma J-•-
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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 15th day of June, 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
AtrJ,
Maria Quinonez,
City Clerk4111
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. 2021.062 on file in my office and that said resolution
was adopted on the date and by the vote therein stated. Dated this 15th day of June,
2021.
_ 441 A . tr. _
aria Quinonez,
City Clerk
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