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24-19 - Exempt surplus land for SRPD parks land

Norwalk City Council
April 16, 2024

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24-19 - Exempt surplus land for SRPD parks land
Meeting
April 16, 2024
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Norwalk City Council
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RESOLUTION NO. 24-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

MAKING FINDINGS UNDER THE SURPLUS LAND ACT AND

APPROVING THE TRANSFER OF PARK LANDS FROM THE CITY OF

NORWALK AS SUCCESSOR-IN-INTEREST TO THE SOUTHEAST

RECREATION AND PARK DISTRICT TO THE CITY OF NORWALK
WHEREAS, prior to 1980, the Southeast Recreation and Park District (“SRPD”) held title to the parks located within the boundaries of the City of Norwalk (“City”) and listed in Attachment 1 (“Park Lands”); and
WHEREAS, the County of Los Angeles (“County”) dissolved the SRPD, resulting in the annexation of the Park Lands by the City of Norwalk as of July 1, 1980; and

WHEREAS, pursuant to an agreement between the County and the City dated July 1, 1980, a portion of tax revenues were transferred to the City from the County; and

WHEREAS, title to the Park Lands continues to show the SRPD as the owner and the City desires to formalize the transfer of the Park Lands in order to properly conduct transactions related to the Park Lands; and

WHEREAS, the City desires to formalize the transfer of Park Lands by recording quit claim deeds transferring the Park Lands from the City, as successor-in-interest to SRPD (“Transferring Agency”), to the City in its regular capacity (“Receiving Agency”); and
WHEREAS, pursuant to Government Code Section 54221(f)(1)(D) of the Surplus Land Act, “exempt surplus land” means “[s]urplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use”; and
WHEREAS, Transferring Agency desires to declare the Park Lands as “exempt surplus land” pursuant to the agency-to-agency transfer exemption under Government Code Section 54221(f)(1)(D) of the Surplus Land Act; and WHEREAS, Transferring Agency desires to transfer the Park Lands as exempt surplus land to the Receiving Agency; and
WHEREAS, Receiving Agency desires to accept the transfer of the Park Lands as exempt surplus land;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1.The facts set forth in the Recitals, above, are true and correct and incorporated into the findings below.

Section 2. Findings. Pursuant to the information included in the above recitals, the associated Agenda Report, and Surplus Land Act, the City Council finds that the Park Lands are “exempt surplus land” pursuant to the agency-to-agency transfer exemption under Government Code Section 54221(f)(1)(D) of the Surplus Land Act in that: 1) the City is a local agency as defined under Government Code Section 54221(a)(1) in both its capacity as the Transferring Agency and Receiving Agency; and 2) that the Park Lands are being transferred for the Receiving Agency’s use.

Section 3. The City Council, in its capacity as Transferring Agency, hereby declares the Parks Lands as “exempt surplus lands” pursuant to Government Code Sections 54221(b) and 54221(f)(1)(D) of the Surplus Land Act.

Section 4. The City Council in its capacity as Transferring Agency hereby approves the transfer of the Parks Lands and described in Exhibit 1 to the City in its capacity as Receiving Agency.

Section 5. The City Council in its capacity as Receiving Agency hereby accepts the transfer of the Parks Lands from Transferring Agency.

Section 6. The City Council hereby authorizes the City Manager, or his or her designee, to execute any agreements or ancillary documents reasonably necessary to effectuate the intent of this Resolution in a form approved by the City Attorney.

Section 7. The actions taken by the City Council under this Resolution are exempt from the requirements of the California Environmental Quality Act (“CEQA”) under a Class 12 categorical exemption under Section 15312 of the CEQA Guidelines for Surplus Government Property Sales. The Property is not located within an area of statewide, regional, or areawide concern; and even if it were, it does not have any significant value for wildlife habitat or other environmental purpose and the use has not changed since the time of acquisition by the City. The actions taken are also exempt under CEQA Guidelines §15378(b)(5), in that it constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and therefore not a “project”.

Section 8.If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, Resolution No. 24-19 Page 3 of 4
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subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Resolution are declared to be severable.

Section 9. This Resolution shall become effective immediately upon its adoption.

Section 10.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.

APPROVED AND ADOPTED on this 16th day of April 2024.

____________________________
MARGARTIA L. RIOS
MAYOR
ATTEST:
_______________________________

THERESA DEVOY, CMC

CITY CLERK
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Exhibit 1
Gerdes Park/El Encanto Park; 14700 Gridley Road; APN #: 8074-027-903 Holifield Park; 12500 Excelsior Drive; APN #: 8082-013-909 & 906 Westside Park and Shohoenean Campsite; 12120 Hoxie Avenue; APN #: 8021-029-902 Glazier Park; 10810 Excelsior Drive; APN#: 8078-001-900 Hermosillo Park; 11959 162nd Street; APN #: 7009-017-902 Vista Verde Park; 11459 E. Ratliffe Street; APN #: 8049-011-900 Norwalk Golf Course; 13717 Shoemaker Avenue; APN #: 8046-001-902

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