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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. 1 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) 2 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-•- 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 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 4