HomeMy Public PortalAbout2003.166 (09-02-03)RESOLUTION NO. 2003.166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ , LYNWOOD HEREBY APPROVING THE SALE OF CITY
~ OWNED PROPERTY KNOWN AS ]OHN D. HAM PARK TO
THE LYNWOOD UNIFIED SCHOOL' DISTRICT. HAM
PARK~ TOTAl.S APPROXIMATELY 10.6 ACRES IN AREA
AND IS LOCATED AT 11555 WRIGHT ROAD, ASSESSOR
PARCEL NUMBER 6189-032-900, SOUTH OF MARTIN
LUTHER KING ~ 7R. BOULEVARD, WEST OF WRIGHT
ROAD, EAST OF DUNCAN AVENUE AND NORTH OF
CORTLAND AVENUE IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Lynwood City Council and Lynwood Unified School District Board
of Education desire to provide educational and recreational facilities for all residents of
Lynwood; arid "
WHEREAS, the Lynwood Unified School District has identified Ham Park and
adjacent residential properties as the potential site for a proposed new high school; and
WHEREAS, the County of Los Angeles has a deed restriction recorded on or
, about May 7, 1953; Book 41904, page 104 of the records of the Los Angeles County
- Recorder, that Ham Park forever remain open space and utilized for park purposes; and
WHEREAS, the Lynwood City Council conducted a public hearing pursuant to law
on September 2, 2003 to consider the sale of Ham Park; and
WHEREAS, the City of Lynwood advertised the ~public hearing forty-five (45) days
prior to the public hearing in compliance with Public Resources Code Section 5406; and
WHEREAS, The Lynwo,od City Council considered all oral and written testimony
ofFered at the public hearing; and
WHEREAS, the Lynwood City Council, Lynwood Unified School District Board of
Education and County of Los Angeles would enter, into a three-party escrow agreement
upon approval of the Sale of Ham Park; and
WHEREAS, the Lynwood' City Council and Lynwood Unified School District Board
of Education entered into a Memorandum of Understanding on August 6, 2003
regarding park replacement compensation; and
~ WHERAS, the Lynwood City Council and Lynwood Unified School District Board of
._ Education intend to enter into a Joint Use Agreement where each party shares their
facilities and where City of Lynwood recreation opportunities currently under way at
Ham Park can be accommodated until such time a replacement park is complete; and
WHEREAS, the Joint Use Agreement shall be approved on or before September
2, 2003 and the Joint Use Agreement shall become effective upon close of escrow; and
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WHEREAS, the City of Lynwood agrees to sell Ham Park upon approval by the
Office of Public School Construction and the State Allocation Board of funds to
reimburse the Lynwood Unified School District one-hundred percent (100%) of the cost
to develop a replacement park pursuant to Public Resources Code 5401; and
WHEREAS; prior to the City of Lynwood transferring title of Ham Park to the _
Lynwood Unified School District, the Escrow Holder shall deposit all funds into the
escrow account as specified; and
WHEREAS, the City of Lynwood may remove all personal property that does not
effect the appraisal figure one (1) day prior to the closing of escrow. City property not
removed prior to escrow closing shall be deemed transferred; and
WHEREAS, pursuant to the ~California Environmental Quality Act (CEQA)
Guidelines, Title 14, Chapter 3, Section 15096(h) of the California Code of Regulations,
the City of Lynwood as a responsible agency finds and determines that the sale of Ham
Park is categorically exempt from CEQA pursuant to Section 15308, Action by
Regulatory Agencies for Protection of the Environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. On the basis of the evidence submitted at the September 2, 2003
hearing, the City Council hereby finds that there is a lack of need for the park in its
present location and that there are compelling reasons for acquiring a substitute park in
other general locations in the City. The compelling reasons include the need for
expanded and modernized park and recreation facilities in the City and the need For a
new high school in the City.
Section 2. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, Title 14, Chapter 3, Section 15096(h), of the California Code of Regulations,
the City of Lynwood as a responsible agency finds and determines that the sale of Ham
Park is categorically exempt from CEQA pursuant to Section 15308, Action by Agencies
for Protection of the Environment.
Section 3. The City Council of the City of Lynwood hereby approves the sale
of Ham Park to the Lynwood Unified School District subject to the following conditions:
1) Sale of Ham Park is subject to provisions set forth in the Memorandum of
Understanding between the City of Lynwood and Lynwood Unifed School
District; and
2) Sale of Ham Park is subject to provisions set forth in the three-party escrow
agreement between the City of Lynwood, Lynwood Unified School District, and
County of Los Angeles with joint escrow instructions; and
3) Sale of Ham Park is subject to approval of a Joint Use agreement between the
City of Lynwood and Lynwood Unified School District to share all their facilities
for the benefit of the community and to ensure that all recreational opportunities
available at Ham Park are accommodated at Lynwood Unified School District
facilities until such time as a replacement park is completed. '
Section 4. The Mayor of the City of Lynwood is hereby authorized to execute
the escrow agreement with the Lynwood School District and County of Los Angeles.
Section 5. The Mayor of the City of Lynwood is hereby authorized to execute
the Joint Use Agreement with the Lynwood Unified School District.
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~ PASSED, APPROVED AND ADDOPTED this 2nd dajr of September ~ 2003.
ATTEST: ~ ~?~~
'~ERNANDO PEDROZA, M~or
City of Lynwood
~~~ ~~ ~ ,~ ~~
ANDREA L. HOOPER, City Clerk LO HEM , City Manager
City of Lynwood City of Lynwood
APPROVED AS TO F RM:
~~ a
y~' ~'~~~~
J ~S M. CASSO, City Attorney
~,_
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STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a. regular meeting held on the ~ day of Sg$temb~r , 2003.
AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA
~
e ' " `
NOES: NONE '
ABSENT: NONE
ABSTAIN: NONE
,
STATE OF CALIFORNIA )
)SS
COUNIY OF LOS ANGELES )
, ~~~ , ~~~ ~..._..~
City Clerk, City of Lynwood
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. 2003.166 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 Septer~ber
2003.
, ~
~~~~~ ~j %~
City Clerk, City of Lynwood
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