HomeMy Public PortalAbout97-114 (08-02-97)CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 97-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD DECLARING CERTAZN REAL PROPERTY
NECESSARY FOR THE LONG BEACH BOULEVARD STREET
WIDENING PROJECT (PHASE II C), MAKING CERTAIN
' FINDINGS, AND AUTHORIZING THE ACQUISITION
THEREOF BY EMINENT DOMAIN PROCEEDINGS
(MELGAR/DIAZ/VASQUEZ/AREVALO, APN 6176-014-015)
THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDS, ORDERS,
AND RESOLVES AS FOLLOWS:
Section 1. The City of Lynwood is a municipal
corporation in the County of Los Angeles, State of California.
Section 2. The property interest hereinafter described
is to be taken for a public use, namely for the purpose of the
Long Beach Boulevard Street Widening Project (Phase II C) and
construction and all purposes necessary or convenient thereto,
pursuant to the authority conferred upon the City of Lynwood to
acquire property by eminent domain by California Constitution
Article I Section 19, and California Government Code
Sections 37350, 37350.5, 40401 and 40404 and California Code of
Civil Procedure Sections 1240.010 through 1240.050; and 1240.110,
1240.120, 1240.150, 1240.160 and other provisions of law.
Section 3. The property interest sought to be taken is
located in the City of Lynwood, County of Los Angeles, State of
California and consists of the property interests of a portion of
the lot identified by the APN noted at the title to this
' resolution. The parts to be taken are more particularly
described in Exhibit 1, attached hereto and incorporated herein
by this reference.
Section 4. The City Council of the City of Lynwood
finds and determines, that:
A. The acquisition of the above-described property
interest is required for the Long Beach Boulevard Widening
Project Phase II C("the Project"). A general description of the
Project is contained in the Staff Report dated July 29, 1997 and
prior reports prepared in connection with the application of
Federal Funding and design reports to the City Council, all of
which are incorporated by reference.
B. The environmental impacts of the proposed
acquisition and improvements were considered as part of the
approval of the entire Long Beach Boulevard Street Widening
Project, including Phase II C. An Environmental Impact Report
("EIR") was prepared, reviewed and certified to comply with the
California Environmental Quality Act ("CEQA") and the National
Environmental Policy Act ("NEPA"). The City Council of the City
of Lynwood approved a resolution approving the EIR for the
~ Project, a copy of which is attached as Exhibit 2 and
incorporated by this reference. Based on the evidence presented
to the City Council, no substantial changes have occurred to the
Project, or with respect to the circumstances under which the
Project is undertaken, that would require major revisions to the
EIR for the Project. Furthermore, there is no new information
that was not available at the time of adoption of the EIR that
would require major revisions to the EIR due to the
identification of new significant environmental impacts or due to
the identification of a substantial increase in the severity of
previously identified significant effects. Nor is there any new
information which shows that new or previously infeasible
mitigation measures could now feasibly reduce environmental
s~anz ios~z-oooav ,.. s6aasao cm
impacts of the Project. Therefore, no further environmental
review is required.
Section 5. The City Council of the City of Lynwood has
found and determined, and hereby finds and determines, that:
A. The public interest and necessity require the
proposed project;
B. The proposed project is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury;
C. The property interest herein above described is
necessary for the proposed project; and
D. The offer required by Section 7267.2 of the
Government Code has been made to the owners of the record.
Section 6. The findings and declarations contained in
this resolution are based upon the record before the City Council
on July 29, 1997, when it adopted this Resolution, and includes
the Staff Report dated May 29, 1997, the testimony, records and
documents produced at the hearing, the testimony, records and
documents which were generated in connection with the planning
and administration of the Project over the last 3 years, and the
files, minutes and documents of the city, all of which are
incorporated by this reference.
Section 7. The City of Lynwood hereby authorizes and
directs the law firm of Richards, Watson & Gershon, as City
Attorney, to take all steps necessary to commence legal
proceedings, in a court of competent jurisdiction to acquire the
property interest herein above described by eminent domain.
PASSED, APPROVED and ADOPTED this yNp day of
AUGUST
ATTEST:
1997.
PAUL H. RICHARDS~ II~ MAYOR
City of Lynwood
~ ~
ANDREA L. HOOPER, CIT CLERK
APPROVED AS TO FORM:
1A~4.~». 3_ 12..d~cc
CITY ATTORNEY
City of Lynwood
Faust n G nz
Cit Manager
,[:lLnl~-~2r.~X/L~~'/2ti. ~
Emilio M. Nriirga (
Assistant City Manager
Environmental Services~
Director of Public Works
- 2 -
970722 10512-00049 sas 5G44511 (0 )
STATE OF CALIFORNIA )
) ss.
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 a regular meeting
thAUGUSTeId in the City Hall of said City on the 2RD day of
, 1997, and passed by the following vote:
AYES: COUNCILMEMBER BYRD, HENNING, RICHARDS, REA
NOES: NONE
ABSENT: NONE
~~-~-- 05, ~~
City Clerk, City of Lynwood
~
STATE OF CALIFORNIA )
) ss.
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. o~_iia on file in my office and that said
resolution was adopted on the date and by the vote therein
stated.
, Dated this 2ND day of AUGUST , 1997.
Cx~~..~.~-Q- ~~~
City Clerk, City of Lynwood