Attachment No. 1
RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
ACCEPTING TITLE TO THE TRANSFER OF REAL PROPERTY
LOCATED AT 12710 NORWALK BOULEVARD FROM THE SUCCESSOR
AGENCY TO THE NORWALK REDEVELOPMENT AGENCY FOR
GOVERNMENTAL PURPOSES
WHEREAS, the former Norwalk Redevelopment Agency (“NRDA”) was dissolved in accordance with California State Assembly Bill AB 1x26, as amended by Assembly Bill 1484 (“Dissolution Act”), and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. 53 Cal.4th 231 (2011); and WHEREAS, the Dissolution Act also required the designation of a successor agency to wind down the affairs of former redevelopment agencies and the appointment of an oversight board of the successor agency to oversee, review and approve certain actions of the successor agency in accordance with the requirements of the Dissolution Act; and
WHEREAS, upon dissolution of the NRDA, the real property assets and real property interests of the NRDA were transferred to the Successor Agency to the Norwalk Redevelopment Agency (“Successor Agency”); and
WHEREAS, in 2013, the Successor Agency developed a Long-Range Property Management Plan (“LRPMP”) governing the disposition and use of the former real property interests and assets of the NRDA, and the LRPMP was approved by the prior oversight board of the Successor Agency and submitted to the California Department of Finance (“DOF”) for approval; and
WHEREAS, the LRPMP included a designation for (“Parcel 8a”) located at 12710 Norwalk Boulevard (APN: 8047-006-922) for governmental purpose to be used as a future parking lot for judges from the adjacent Superior Court building; and WHEREAS, in accordance with an (“Option Agreement”) referenced in the LRPMP, the NRDA constructed a 25 space enclosed parking on Parcel 8a, with the intention of exchanging the parcel for a nearby parking lot owned by the County of Los Angeles (“County”), referred to as (“Parcel 8b”) upon completion; and WHEREAS, in 2014, the DOF mandated specific revisions to the LRPMP including the deletion of the Parcel No. 8b from the LRPMP as this parcel had not yet been separated from the larger parcel owned by the County; and WHEREAS, pursuant to California Health and Safety code Section 34179(q), in 2018, the oversight boards for successor agencies to former redevelopment agencies were consolidated into five oversight board under the jurisdiction of Los Angeles County, Resolution No. 24-42 Page 2 of 4
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and jurisdiction for the Successor Agency falls under the Los Angeles County Fourth Supervisorial District Consolidated Oversight Board (“Oversight Board”); and WHEREAS, the Dissolution Act, per Health and Safety Code §34181(a), allows the Oversight Board to direct the Successor Agency to transfer ownership of assets that were constructed and used for a governmental purpose to the appropriate public jurisdiction pursuant to existing agreements relating to the construction and use of the asset; and
WHEREAS, the “governmental purpose” examples listed in Health and Safety Code §34181(a) include parking facilities and lots dedicated solely to public parking that do not generate revenues in excess of reasonable maintenance costs of the properties; and
WHEREAS, Parcel 8a and the parking structure located thereupon, fall within the parameters of a “governmental purpose” per Health and Safety Code §34181(a) and the Oversight Board may direct the Successor Agency to transfer Parcel 8a to the appropriate public jurisdiction; and
WHEREAS, per Health and Safety Code §34181(f) the transfer of Parcel 8a shall be approved by a resolution of the Oversight Board approving and/or directing the transfer at a public meeting held with ten (10) days advanced notice to the public, and subject to approval by the DOF; and:
WHEREAS, the transfer of Parcel 8a is exempt from AB 1486 (“Surplus Land Act”) under California Government Code §54221(f)(1)(C) and §54221(f)(1)(D) in that Parcel 8a is being transferred to another local agency’s use for the purpose of eventually exchanging the parcel for another property necessary for the agency’s use; and WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines §15378(b)(5), in that the transfer of Parcel 8a does not meet CEQA’s definition of a “project”, the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. The proposed action is also exempt under §15312 for Surplus Government Property Sales as the property has no significant value for wildlife habitat or other environmental purpose and the use of the parcel and adjacent property has not changed; and
WHEREAS, in order to effectuate the transfer contemplated in the Option Agreement, the City Council of the City of Norwalk (“City Council”) must accept the transfer of Parcel 8a from the Successor Agency; and
WHEREAS, City Council has considered all information related to this matter, as presented at the public meetings of City Council identified herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
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Section 1.The facts set forth in the Recitals, above, are true and correct and incorporated herein as part of the findings of this resolution.
Section 2.Based upon staff presentations, reports, discussions, public comments, and other evidence presented, and subject to Oversight Board authorization and DOF appeal period, the City Council hereby finds and declares that Parcel 8a, as further described in Exhibit A attached to this resolution, located at 12710 Norwalk Boulevard was constructed an used for a governmental purpose as defined by Health & Safety Code § 34181, and the Successor Agency may transfer Parcel 8a to the City of Norwalk (“City”).
Section 3.The City Council hereby authorizes and directs the City Manager or their designee to execute the Certificate of Acceptance in substantially similar form attached to the Staff Report accompanying this Resolution and to execute all documents reasonably necessary to accept title the Properties by the City and take any other action and execute ancillary documents reasonably necessary to implement the intent of this Resolution.
Section 6. 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, 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 7. This Resolution shall become effective immediately upon adoption by the City Council.
Section 8.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 6th day of August 2024.
____________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
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_______________________________
THERESA DEVOY, CMC
CITY CLERK