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Attachment No. 1 - Resolution No. 24-61

Norwalk City Council
December 3, 2024

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Attachment No. 1 - Resolution No. 24-61
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December 3, 2024
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Norwalk City Council
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Attachment No. 1
RESOLUTION NO. 24–61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

APPROVING A PURCHASE AND SALE AGREEMENT BY AND

BETWEEN THE STATE OF CALIFORNIA AND CITY OF NORWALK FOR REAL PROPERTY LOCATED AT 13200 BLOOMFIELD AVENUE
WHEREAS, State of California, acting by and through its Department of General Services, (“State”) is the owner of the former Southern Youth Correctional Reception Center and Clinic which is comprised of certain property consisting of approximately ±32 acres including, without limitation, approximately 35-40 structures and ancillary improvements, located at 13200 Bloomfield Avenue in the City of Norwalk, Los Angeles County, State of California, Assessor’s Parcel No. 8045-008-902 (the “Property”), and is legally described in Exhibit A of the agreement.

WHEREAS, Assembly Bill (AB) 518 enacted in 2020 and codified in California Government Code Section Government Code Section 11011.28 (“AB 518”) authorizes the State to sell the Property to the City of Norwalk; and WHEREAS, the City and State have diligently negotiated the purchase and sale of the Property pursuant to the Purchase and Sale Agreement (“PSA”) in which the Parties agree that the sales price of $23,300,000 is fair market price for the Property; and WHEREAS, the City desires to purchase the Property from State and State desires to sell the Property to City upon the terms, conditions and provisions set forth in PSA; and WHEREAS, pursuant to the terms of the PSA, the City is required to develop or cause to be developed with a project that complies with Government Code Section 37364, which requires not less than 80 percent of the area of the Property be used for development of housing and not less than 40 percent of the total number of those housing units developed on the Property 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 WHEREAS, Government Code Section Government Code Section 11011.28(e) exempts the sale of the Property to the City from the California Environmental Quality Act (CEQA); and
WHEREAS, on November 25, 2024, the City of Norwalk Planning Commission made findings that the acquisition of the Property by the City is consistent with the City’s General Plan pursuant to Government Code 65402.

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.

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Section 2.CEQA. The City Council hereby finds that the adoption of this Resolution approving the PSA by and between the State and City is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), which states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. The adoption of this Resolution is limited to the approval of the PSA and associated findings and will not result in a physical change in the environment and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Moreover, Government Code Section 11011.28(e) exempts the sale of the Property from the State to the City from CEQA. Lastly, the adoption of this Resolution is consistent with those actions taken by the City Council on November 19, 2024 during which the City Council certified the Final Environmental Impact Report (Final EIR) and approved a Mitigation and Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations in connection with the Norwalk Transit Specific Plan through City Council Resolution No. 24-58. The acquisition of the Property by the City was evaluated and contemplated by the Final EIR and is in compliance with the requirements of CEQA.

Section 3. Findings. Pursuant to the information included in the above recitals and the associated Agenda Report, the City Council finds that:

A. The City’s acquisition of the Property from DGS is in conformity with the City’s adopted General Plan. Specifically, the acquisition of the Property is in conformance with the Housing Element because the Property will be used to for the development of housing which further progress toward the City’s Regional Housing Needs Assessment (“RHNA”) obligations and the 2021-2029 Housing Element identifies the Subject Site and as proposed and contributing to the City’s required 5,034 RHNA obligation. The Norwalk Transit Village Specific Plan allows up to 770 housing units.

The State has required that development of the Property comply with Government Code Section 37364, which requires that a minimum of 40 percent of the units built on the Property to be designated as affordable. As such, acquisition of the Property by the City would further goals and policies of the City’s Housing Element by increasing affordable housing opportunities, increase homeownership, create safe and integrated neighborhoods, encourage and facilitate a range of housing to encourage a variety of housing types to meet the existing and future needs of City residents, and assist in the development of adequate housing and provide resources to meet the needs of low-and moderate income households.

Moreover, the development of up to 770 new residential housing units would assist the City in meeting its RHNA obligation and eliminate blight and enhance public safety.

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B. The acquisition of the Property is in conformance with the Land Use Element Objectives and policies in that the acquisition would provide for a larger comprehensive development along the City’s major arterials which will enhance the overall character of the streetscape and will include adequate parking, buffering, and landscaping consistent with Objectives and Policy 4a.

Section 4. The City Council hereby approves the PSA by and between the State and the City of Norwalk in connection with the purchase of the real property located at 13200 Bloomfield Avenue, in the City of Norwalk, California (Accessor’s Parcel Number:
8045-008-902) in substantially the same form as attached to the staff report accompanying this Resolution. The City Council further authorizes the City Manager to the execute the PSA and any ancillary documents, including but not limited to, escrow instructions, deeds, covenants, seller affidavits, and such other customary documents consistent with and reasonably necessary to effectuate the intent of this Resolution and record or cause to be recorded such documentation, as approved by the City Attorney.

Section 5. 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 6.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.

Section 7. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED AND ADOPTED on this 3rd day of December 2024.

____________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
_______________________________

THERESA DEVOY, CMC

CITY CLERK

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