-1-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 RESOLUTION NO. 2024-R____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER
CITY DECLARING CERTAIN PROPERTY AT 10858 CULVER
BOULEVARD, CULVER CITY, CALIFORNIA (LOTS 9 AND 10 OF
TRACT NO. 9974 ) (APN 4210 -021-900) AS EXEMPT SURPLUS
LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54221(f)(1)(A)
WHEREAS, the City of Culver City ( “City”) and Wende Museum of the Cold War, Inc., a California nonprofit corporation (“Wende”) entered into that certain Memorandum of Understanding and Lease Agreement, dated December 3, 2012 (the “Original Lease ”), whereby Wende leased from City the “Subject Property” comprised of the land located on Lots 14 through 30, in Tract No. 9974, as recorded in Book 139, pages 1 and 2 of Maps, in the Office of the County Recorder of Los Angeles, State of California and all improvements and buildings situated thereon; and
WHEREAS, City and W ende amended the O riginal Lease by entering into that certain First Amendment to Memorandum of Understanding and Lease Agreement, dated December 18, 2020 (the “First Amendment ”), whereby W ende leased from C ity the “Additional Lots ” comprised of the land located on Lots 11 through 13 of such Tract No. 9974, which are adjacent to the Subject Property; and
WHEREAS, the O riginal Lease , as amended by the F irst Amendment , shall be referred to herein as the “Lease”; and
WHEREAS, any capitalized term not defined herein shall have the meaning set forth therefor in the Lease; and
WHEREAS, in addition to the S ubject Property and the A dditional Lots , W ende desires to lease from C ity Lots 9 and 10 of such Tract No. 9974 (hereinafter, the “Affordable Housing Lots”), which are adjacent to the Additional Lots; and
-2-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 WHEREAS, Artistic Freedom Initiative, Inc., a New York nonprofit corporation (“AFI”), was created by a family of Indian -American civil rights attorneys, led by Dinesh Khosla and the Human Dignity Foundation, to provide legal advocacy, housing support, and transition and resettlement assistance to refugee artists; and WHEREAS, W ende intends to work with AFI or a similar organization with a like mission (AFI, or its successor(s), shall be referred to herein as the “Then -Current Artist Organization”) in order to work with City to utilize the A ffordable Housing Lots to develop a multi-organizational affordable housing residency program for low -income political asylum - seeking and refugee artists as well as low -income local artists, musicians, filmmakers, and other creatives, strengthening the City’s cultural resources and providing a benefit to the community through collaborative programming in conjunction with the forthcoming Creative Community Center that will be located directly next door on the Additional Lots; and WHEREAS, the proposed housing on the A ffordable Housing Lots shall be referred to herein as the “Affordable Housing Units”; and
WHEREAS, City and Wende desire to enter into a Second Amendment to Memorandum of Understanding and Lease Agreement (the “Second Amendment”) in order to set forth the terms and conditions of City’s lease of the A ffordable Housing Lots to Wende, for the construction of the A ffordable Housing Units on the A ffordable Housing Lots, and the occupancy and operation of the Affordable Housing Units; and WHEREAS, the proposed Second Amendment provides inter alia that (i) Wende shall construct four Affordable Housing Units , as defined herein ; (ii) a full -time program coordinator shall occupy one of the A ffordable Housing Units to provide onsite management (the “Manager’s Unit”) ; (iii) at least one-half of the A ffordable Housing Units (not including the Manager’s Unit) shall be occupied by low -income asylum seeking-artists
-3-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 and refugees identified by the Then-Current Artist Organization (such units shall be referred to herein as the “International Units”) ; (iv) the remainder of the A ffordable Housing Units (not including the Manager’s Unit) shall be occupied by low -income local, Southern California-based artists who are qualified for affordable housing based on California Department of Housing and Community Development (“HCD”) standards; and (v) no rent shall be charged for occupancy of any of the International Units (collectively, the “Selected Second Amendment Requirements”); and
WHEREAS, the proposed Second Amendment requires that prior to the occupancy of any of the Affordable Housing Units, written restrictions specifying the maximum incomes of the residents of the Affordable Housing Units (not including the Manager’s Unit), and the maximum rents that may be charged (not including the Manager’s Unit) , in a form mutually acceptable to City and Wende , shall be recorded against title to all of the Affordable Housing Lots (the “Affordable Housing Covenants”); and
WHEREAS, the Affordable Housing Covenants shall (i) include the Selected Second Amendment Requirements; (ii) require the development of the entirety of the Affordable Housing Lots for housing (either improved with a housing structure or serving as common open space for the residential development) ; (iii) provide that each of the Affordable Housing Unit s (not including the Manager’s Unit) shall be affordable to very low income households, lower income households , or persons and families of moderate income (including the requirement that n ot less than 40 percent of the Affordable Housing Units , not including the Manager’s Unit, shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households ); (iv) provide that the Manager’s Unit shall not be income - or rent - restricted; and (v ) provide that such
-4-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 Affordable Housing Units (not including the Manager’s Unit) shall remain continually affordable to those persons and families for not less than 55 years; and WHEREAS, pursuant to California Government Code Section 54220 et seq . (the “Surplus Land Act ”), the City Council must declare the Affordable Housing Lots to be “Surplus Land ” or “Exempt Surplus Land ” before the City Council may take action to dispose of the Affordable Housing Lots; and
WHEREAS, California Government Code Section 54221(f)(1)(A) defines “Exempt Surplus Land” to include surplus land that is transferred pursuant to California Government Code Section 37364; and
WHEREAS, California Government Code Section 37364 authorizes a city to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide affordable housing to persons and families of low or moderate income provided the following conditions are met:
a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and
b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and c) Dwelling units produced for persons or families of low and moderate income under California Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the office of the county recorder in which the housing development is located; and
-5-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 WHEREAS, in view of the provisions of the proposed Second Amendment and the Affordable Housing Covenants , the requirements of California Government Code Section 37364 will be met; and
WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Affordable Housing Lots are exempt surplus land, as supported by written findings; and
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by HCD, any determination by a local agency that its surplus lands are exempt from the Surplus Land Act must be provided to HCD for its review at least 30 days prior to disposition; and WHEREAS, construction of the Affordable Housing Units is contemplated by Comprehensive Plan Amendment P2021-0174-CPA (the “Project”); and WHEREAS, t he Affordable Housing Lots are not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in California Government Section 66905.5; and
WHEREAS, the City Council previously adopted a Class 32 Categorical Exemption, in accordance with the California Environmental Quality Act (“CEQA”), finding that the Project will not result in significant adverse environmental impacts; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Culver City , DOES HEREBY RESOLVE as follows:
-6-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares, pursuant to California Government Code Sections 54221(b) and 54221(f)(1)(A), that the Affordable Housing Lots are exempt surplus land because City intends to lease the Affordable Housing Lots pursuant to the Second Amendment that, via Affordable Housing Covenants , inter alia , (i) requires the development of the entirety of the Affordable Housing Lots for housing (either improved with a housing structure or serving as common open space for the residential development); (ii) requires that n ot less than 40 percent of the Affordable Housing Units (not including the Manager’s Unit) shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households ; and (iii) provides that the Affordable Housing Units (not including the Manager’s Unit) shall remain continually affordable to those persons and families for not less than 55 years, which restrictions shall be recorded in the official records of Los Angeles County.
SECTION 3. The City Council hereby authorizes the City Manager , or designee, to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
SECTION 4. The Affordable Housing Lots are not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in California Government Section 66905.5, and therefore the City is not required to issue a Notice of Availability of the
-7-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 Affordable Housing Lots for open space purposes pursuant to California Government Code section 54221(f)(2).
SECTION 5. The City Council hereby affirms that pursuant to CEQA Section 15332, Class 32 – In-Fill Development, these actions are Categorically Exempt. Staff is directed to take any and all necessary actions in order to effectuate the purpose of this Resolution.
SECTION 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. This Resolution shall take effect upon the date of its adoption.
APPROVED AND ADOPTED, this ___ day of______________, 2024.
YASMINE-IMANI MCMORRIN, Mayor
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney