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HomeMy Public PortalAbout2022.002 (01-04-22) RESOLUTION NO. 2022.002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DECLARING CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE (APN NOs. 6169-001-905 and 6169-001-900), ALSO KNOWN AS THE LYNWOOD TRIANGLE, SURPLUS LAND PURSUANT TO THE SUPRLUS LAND ACT WHEREAS, the City of Lynwood ("City") owns that certain real located at the northwest corner of Imperial Highway and Fernwood Avenue, Lynwood, California having Assessor's Parcel Numbers ("APN") 6169-001-905 and 6169-001-900; WHEREAS, the Lynwood Redevelopment Agency acquired the Lynwood Triangle on November 29, 1990 and the Agency then transferred it to the City, as Successor Agency, on March 16, 2011, which is currently vacant, unimproved land and zoned Manufacturing; WHEREAS, the Surplus Land Act ("SLA") codified under Government Code Sections 54220 et seq. applies when a local agency disposes of "surplus land," as that term is defined in Government Code Section 54221; WHEREAS, prior to January 1, 2020, the City did not consider Lynwood Triangle to be "surplus land" as then defined in the SLA, in part, because it considered the reuse and redevelopment of the Lynwood Triangle property to be a continuing City use for investment, redevelopment, and revenue generation purposes; WHEREAS, on October 9, 2019, Assembly Bill ("AB") 1486 was signed into law, which significantly amended the SLA effective January 1, 2020. These amendments included, among other things, changing the long-standing definitions of"surplus land" and "exempt surplus land," providing that property shall be declared either surplus or exempt surplus land before a local agency may take any action to dispose of the property, and adding new limitations providing that an "agency's use" shall not include commercial or industrial uses or activities and other non-governmental retail, entertainment, or office development, or use of the property for investment or revenue generation; WHEREAS, based on the recently amended SLA by way of AB 1486, the Lynwood Triangle property constitutes "surplus land" as defined under Government Code Section 54221; WHEREAS, pursuant to the amended SLA, the City shall send a written notice of availability of the above referenced properties to all of the entities identified in Government Code Section 54222 by electronic mail or by certified mail; WHEREAS, pursuant to Government Code Section 54227, if one of the entities/agencies desires to purchase or lease the properties after having received notice, it must indicate its interest to do so in writing to the City within 60 days of receiving the 1 City's notice and the City and the entity/agency responding may negotiate price and terms for disposition of the property; and WHEREAS, in the event that no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the properties may be disposed of without further regard to the SLA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as its findings. SECTION 2. For the purposes of compliance with the amended SLA, the Lynwood Triangle property is hereby declared surplus land as defined under the SLA. The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements set forth under the SLA to facilitate the possible disposition of the properties. SECTION 3. The adoption of this Resolution is exempt from the California Environmental Quality Act ("CEQA") on the basis that the declaration of surplus land contained herein does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by CEQA Guidelines Section 15378. SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution shall be effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 4th day of January 2022. c , Jorge ., .yor ATTEST: 400 (6.4, Maria Quinonez, City Clerk 2 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, Ernie Heez, City Attorney City Manager 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 regular meeting thereof held in the City Hall of the City on the 4th day of January, 2022 and passed by the following vote: AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSTAIN: NONE ABSENT: NONE r � � aria Quinonez, 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. 2022.002 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 4th day of January, 2022. Maria Quinonez, City Clerk 4