RESOLUTION NO. _______
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMERCE COMMUNITY DEVELOPMENT COMMISSION DECLARING REAL PROPERTY LOCATED ON WASHINGTON BOULEVARD IN THE CITY OF COMMERCE, SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT WHEREAS, the Successor Agency to the Commerce Community Development Commission (“Successor Agency”) owns certain real property located at 4560 Washington Boulevard in the City of Commerce, California having Assessor’s Parcel Number (“APN”) 5243-026-025; WHEREAS, the Successor Agency holds legal title to the real property at 4560 Washington Boulevard (APN: 5243-026-025) (“Property”); WHEREAS, the Property is being leased to Bakura, Inc. a truck fueling station and zoned C/M1 (Commercial 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 Successor Agency did not consider the Property to be “surplus land” as then defined in the SLA, in part, because it considered the reuse and redevelopment of the Property to be a continuing Successor Agency 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 Washington Boulevard Property constitutes “surplus land” as defined under Government Code Section 54221; WHEREAS, pursuant to the amended SLA, the Successor Agency 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 in doing so in writing to the Successor Agency within 60 days of receiving the Successor Agency notice and the Successor Agency 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 Successor Agency 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 SUCCESSOR AGENCY DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1: The Successor Agency 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 Property is hereby declared surplus land as defined under the SLA. The Executive Director, 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 by the Successor Agency to the Commerce Community Development Commission this 14th day of November 2023. ________________________
Hugo Argumedo, Chairman
ATTEST:
_______________________
Lena Shumway, City Clerk