Alex Vargas, Mayor
Angie Reyes English, Mayor Pro Tem
Katrina Manning, Councilmember
Alex Monteiro, Councilmember
L. David Patterson, Councilmember
Dayna S. Williams-Hunter,
City Clerk
Marie Poindexter-Hornback,
City Treasurer
CITY OF HAWTHORNE
CITY COUNCIL SPECIAL MEETING
AGENDA FOR JULY 31, 2023 6:30 PM
COUNCIL CHAMBER AT CITY HALL
4455 W. 126th STREET, HAWTHORNE, CALIFORNIA
MEETING INFORMATION
IF YOU ARE AN INDIVIDUAL WITH A DISABILITY AND NEED REASONABLE
ACCOMMODATION OR MODIFICATION PURSUANT TO THE AMERICANS WITH
DISABILITIES ACT (ADA) PLEASE CONTACT THE CITY CLERK DEPARTMENT AT [email protected] OR CALL (310) 349-2915 PRIOR TO THE MEETING FOR ASSISTANCE.
THE MEETING IS SHOWN LIVE ON CABLE CHANNEL 22, AND WILL BE REBROADCAST
AS PART OF THE REGULAR CITY COUNCIL, SUCCESSOR AGENCY, AND RELATED MEETINGS ACCORDING TO THE PUBLISHED CABLE SCHEDULE OF PROGRAMS. IT SHALL
ALSO BE BROADCAST LIVE AND BE MADE AVAILABLE THEREAFTER ON THE CITY OF HAWTHORNE'S WEBSITE:
https://www.cityofhawthorne.org/departments/community-services/hawthornecommunity-television/meeting-videos Or online on YouTube by searching for Hawthorne Community Television ______________________
THE AGENDA, STAFF REPORTS AND ATTACHMENTS ARE AVAILABLE ONLINE AT https://www.cityofhawthorne.org/departments/community-services/hawthornecommunity-television/meeting-videos AND THEN SELECTING THE DESIRED MEETING. MEMBERS OF THE PUBLIC MAY INSPECT (AT NO COST) AND/OR OBTAIN COPIES (UPON PAYMENT OF THE CITY’S
CURRENT COPYING FEE) OF ANY REGULAR SESSION ITEM BY CONTACTING THE CITY CLERK DEPARTMENT AT CITY HALL VIA TELEPHONE (310) 349-2915 OR EMAIL [email protected].
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS
ORAL COMMUNICATION INSTRUCTIONS
PURSUANT TO GOVERNMENT CODE SECTION 54954.3 THE PUBLIC SHOULD DIRECTLY ADDRESS THE LEGISLATIVE
BODY CONCERNING ITEMS THAT HAVE BEEN DESCRIBED IN THE NOTICE OF SPECIAL MEETING
RESOLUTIONS
1. Approval of waiver of full readings of resolutions on Monday, July 31, 2023's agenda. Motion to waive full readings.
2. Resolution No. 8424, A Resolution of the City Council of the City of Hawthorne, California, Approving a Purchase and Sale Agreement with Wu Gaw Tzu and Su Min TRS; Wu Family Trust as Sellers for the Real Properties at 11605 Hawthorne Boulevard & 4416 West 116th Street and Making a Finding of Exemption in Compliance with CEQA in Connection Therewith. Motion to adopt.
CLOSED SESSION
3. Closed Session: Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8, 54954.5(b): Properties:
• Approximately .91 acres of land with 2,046 square feet building(s) located at 13007 Yukon Ave., APN 4050-014-002
• Approximately 2.16 acres of land located at 12500 Eucalyptus Ave., APN 4041-009-900
Agency Negotiator: Vontray Norris, City Manager. Other Party: 13007 Yukon Avenue Hawthorne, LLC. Under Negotiation: Price and Terms of Payment
ADJOURNMENT
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF HAWTHORNE )
I, DIANA CUCALON, Deputy City Clerk for the City of Hawthorne, certify that a true and correct copy of the foregoing City Council Meeting Agenda was posted not less than 24 hours before the City Council Meeting to be held on Monday, July 31, 2023 . __________________________________
DIANA CUCALON, HAWTHORNE DEPUTY CITY CLERK
AGENDA ITEM NO. 2
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the special meeting of July 31, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert M. Kim
SUBJECT:
Resolution No. 8424, A Resolution of the City Council of the City of Hawthorne, California, Approving a Purchase and Sale Agreement with Wu Gaw Tzu and Su Min TRS; Wu Family Trust as Sellers for the Real Properties at 11605 Hawthorne Boulevard & 4416 West 116th Street and Making a Finding of Exemption in Compliance with CEQA in Connection Therewith.
RECOMMENDED MOTION:
Staff recommends that the City Council approve Resolution No. 8424 and the attached Purchase and Sale Agreement.
DISCUSSION:
The properties at 11605 Hawthorne Boulevard & 4416 West 116th Street (APN: 4044-015-025 & 4044-015-006) (”Property”), which is located west of the intersection of Hawthorne Boulevard and West 116th Street became available for purchase.
The City does not have a specific plan for use of the Property but contemplates its future use for public purpose when such need arises. The Property is a lot with a built structure or building.
Staff believes, and recommends that the City Council find that acquisition of the Property is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the acquisition of the Property, with no immediate change in use contemplated, may have a significant effect on the environment. Further, because there is no specific development or redevelopment plans at this time, any CEQA review would require undue speculation and be of no value. In addition, prior to any decisions regarding future use and/or redevelopment of the site, the City will undertake the appropriate environmental reviews as required by CEQA.
The purchase and sale agreement provides that the closing is conditioned upon, among other things, the Planning Commission’s determination under Government Code 65402 that the acquisition is consistent with the General Plan. It is the staff’s understanding that the acquisition is indeed consistent with the Downtown Specific Plan.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
Provides options for future use for public purpose, including, but not limited to, parking, green space, housing.
FISCAL IMPACT:
The purchase price is $3,750,000, approximately the current fair market value per Thomas C.
Anderson Real Estate Appraiser and Consultant, and will be paid from the City’s General Fund.
The City as the buyer would also need to pay costs of due diligence inspections/reports including a Phase I environmental report, 50% of the escrow fees, and the costs of any survey and extended coverage title insurance that might be advisable (such determination to be made by staff and City Attorney based on the review of the initial title report).
In the event that issues related to site conditions or title, the City would have the option to terminate the agreement, with the return of its cash deposit.
NOTICING PROCEDURES:
24 hours posted notice for Special Meeting pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. Resolution No. 8424
2. Exhibit A - Purchase and Sale Agreement
10325-0001\2670964v2.doc - 1 -
RESOLUTION NO. 8424
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWTHORNE, CALIFORNIA, APPROVING A PURCHASE AND
SALE AGREEMENT WITH WU GAW TZU AND SU MIN TRS;
WU FAMILY TRUST AS SELLERS FOR THE REAL
PROPERTIES AT 11605 HAWTHORNE BOULEVARD & 4416
WEST 116TH STREET AND MAKING A FINDING OF
EXEMPTION IN COMPLIANCE WITH CEQA IN CONNECTION
THEREWITH
WHEREAS, the properties at 11605 Hawthorne Boulevard & 4416 West 116th Street (APN:
4044-015-025 & 4044-015-006; hereinafter, the “Property”), which is located west of the intersection of Hawthorne Boulevard and 116th Street has become available for purchase; WHEREAS, the Property is a lot, consisting of land and a small building; WHEREAS, acquisition of the Property is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the acquisition of the Property, with no immediate change in use contemplated, may have a significant effect on the environment. Further, because there are no specific development or redevelopment plans at this time, any CEQA review would require undue speculation and be of no value. In addition, prior to any decisions regarding future use and/or redevelopment of the site, the City will undertake the appropriate environmental reviews as required by CEQA.
WHEREAS, choosing the precise time for CEQA compliance involves the balancing of competing factors. EIRs, negative declarations, or other documents authorized by CEQA should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design, and yet late enough to provide meaningful information for environmental assessment. However, pursuant to State CEQA Guidelines Section 15004(b)(2)(A), a public agency may enter into land acquisition agreements when the agency’s future use of the site is conditioned on CEQA compliance.
WHEREAS, the purchase and sale agreement provides that the closing is conditioned upon, among other things, the Planning Commission’s determination under and as required by Government Code 65402 that the acquisition is consistent with the City’s General Plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Hawthorne does hereby resolve as follows:
1. That the Purchase and Sale Agreement in the form attached hereto as Exhibit “A” (“PSA”) is approved;
10325-0001\2670964v2.doc - 2 -
2. That the City’s acquisition of the Property described in the PSA is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the acquisition of the Property, with no immediate change in use contemplated, may have a significant effect on the environment. Further, the City’s acquisition of the Property is conditioned upon the City undertaking appropriate environmental review as may be required by CEQA prior to any future City use, development, or redevelopment of the Property that would constitute a “Project” pursuant to California Public Resources Code Section 21065.
3. That the City Manager is authorized to execute the PSA and documents required of City by the PSA, and take any and all other actions necessary to comply with the PSA, including execution of a Certificate of Acceptance of the Property for recordation.
PASSED, APPROVED, and ADOPTED this 31st day of July, 2023. ______________________________
ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:
______________________________
DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California
APPROVED AS TO FORM:
___________________________________
ROBERT M. KIM, City Attorney
City of Hawthorne, California
EXHIBIT “A”
PURCHASE AND SALE AGREEMENT
(Attached.)