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Resolution No. 2011-013RESOLUTION NO. 2011-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON MAKING CERTAIN FINDINGS RELATING TO THE PROPERTY LOCATED AT 4850-5050 PACIFIC BOULEVARD PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AUTHORIZING THE FILING OF A NOTICE OF EXEMPTION FOR SAID PROPERTY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on August 18, 2010, the City entered into an agreement for a grant of option with Pacific XC, L.P. to acquire property located at 4850-5050 Pacific Boulevard in the City of Vernon, Assessor's Parcel Numbers,.6308-003-019, 6308-003-021, 6308-003-022 and 6308-003-023, (the "Property"); and WHEREAS, in accordance with Title 14 California Code of Regulations Section 15061(b)(3), the Property is covered by the general rule that the California Environmental Quality Act ("CEQA") applies only to governmental actions which have the potential for causing a potential effect on the environment; and WHEREAS, it can be seen with certainty that there is no possibility that the Property may have a significant effect on the environment so that the Property is not subject to CEQA; and WHEREAS, in accordance with Section 15062 of the State CEQA Guidelines, a Notice of _Exemption shall be filed with the County Clerk after the City Council decides that the Property is exempt from CEQA pursuant to Title 14 California Code of Regulations Section 15061. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds after review and consideration that there is no substantial evidence that the acquisition of the Property will have a significant effect on the environment and on the basis of said.finding the City Council hereby determines that the Property is exempt from CEQA in accordance with Title 14 California Code of Regulations Section 15061. SECTION 3: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to file a Notice of Exemption in regard to the environmental impact of said Property with the County Clerk of the County of Los Angeles. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute any and all documents necessary to implement and carry out the purpose of this Resolution. 2 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerks certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1st day of February, 2011. ATT T Willard, G. a chi City Clerk Name: Hilario Gonzales Title: Mayor /,,M_ y�or=o- _3- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-13, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 1, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City bf Vernon. Executed this day of February, 2011, at Vernon, California, (SEAL) 4 RECEIVED I-N 2 5 CITY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT V-6 DATE: January 24, 2011 TO: Honorable Mayor and ,City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Acquisition of 4850-5050 PACIFIC BOULEVARD The City of Vernon has exercised an option to purchase the property located at 4850-5050 Pacific Boulevard in the City of Vernon (aka Assessor's Parcel Numbers 6308-003-019, 6308-003-021, 6308-003-022 and 6308-003-023) from Pacific XC, L.P. This property is currently in escrow. At the public meeting scheduled for February 1, the City Council will consider whether to grant the Mayor the authority to close escrow on this property. City Staff has determined that, should the City Council grant the Mayor the authority to close escrow, the City of Vernon's purchase of this property would have no significant effect on the environment. This acquisition does not propose any change of use of the property, or any development or demolition of any building on the site. As part of this purchase, the City would accept assignment of an existing lease on the premises, therefore the current lessee's existing use of the property would continue until expiration or termination of the lease. City Staff has determined that the acquisition of the subject property does not meet the definition of "project" under the California Environmental Quality Act ("CEQA"), and therefore is not subject to environmental review under CEQA. The purchase of this property alone, without any proposed change to the use of the property, does not meet CEQA's definition of "project" as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (Public Resources Code Section 21065). Since the purchase of this land does not meet the definition of "project", this purchase is not subject to environmental review under CEQA. However, even if the purchase is considered a project, this project would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the acquisition of the subject property may have a significant effect on the environment, thus City Staff has determined that even if this purchase of land is considered a "project", it would be exempt from CEQA. This Staff Report therefore recommends that the City Council find that the acquisition of the property located at 4850-5050 Pacific Boulevard in the City of Vernon is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SKW/ca Enclosure GSVfLY IHOV - - COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM V-6 TO: Mark C. Whitworth, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: January 24, 2011 SUBJECT: Acquisition of 4850-5050 PACIFIC BOULEVARD The City of Vernon has exercised an option and entered escrow to acquire the property located at 4850- 5050 Pacific Boulevard in the City of Vernon (aka Assessor's Parcel Numbers 6308-003-019, 6308-003-021, 6308-003-022 and 6308-003-023). City staff has determined that it can be seen with certainty that there is no possibility that the acquisition of the subject property may have a significant effect on the environment. This acquisition does not propose any development or demolition of any building on the site. Enclosed herewith is a Staff Report recommending that the City Council find that the acquisition of the property located at 4850-5050 Pacific Boulevard in the City of Vernon is exempt from environmental review under CEQA pursuant to Section 1506l(b)(3) of Title 14 of the California Code of Regulations. SKW/ca Enclosures NOTICE OF EXEMPTION TO:— Office of Planning and Research FROM: City of Vernon PO Box 3044 4305 Santa Fe Avenue Sacramento, CA 95812 Vernon, CA 90058 X County Clerk, County of Los Angeles Environmental Filings 12400 E. Imperial Hwy., Room 1101 Norwalk, CA 90650 Project Title Acquisition of 4850-5050 Pacific Boulevard by the City of Vernon Project Location - Specific 4850, 4900, 5000, and 5050 Pacific Boulevard, Vernon, CA 90058 Project Location — City Project Location - County Vernon Los Angeles Description of Nature, Purpose and Beneficiaries of Project The Vernon City Council has authorized the purchase of property located at 4850-5050 Pacific Boulevard. The proposed project area is zoned I -Zone, Industrial. No change of use is proposed in connection with the acquisition of this property, and the City of Vernon will take assignment of an existing lease on the property as part of this acquisition. Name of Public Agency approving project City of Vernon Name of Person or Agency carrying out project City of Vernon Exempt Status: (check one) Ministerial (Sec. 21080 (b) (1); 15268 Declared Emergency (Sec. 21080 (b) (3); 15269(a)); Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)). XX Review for Exemption - Sec. 15061(b)(3) Statutory Exemptions Reasons why project is exempt: The acquisition of the subject property does not meet the definition of "project" under the California Environmental Quality Act ("CEQA"), and therefore is not subject to environmental review under CEQA. The purchase of this property alone, without any proposed change to the use of the property, does not meet the definition of "project" as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (Public Resources Code Section 21065). However, even if the acquisition of the subject property is considered a project, it would be exempt under CEQA Guidelines Section 15061(b)(3). The purchase of the subject property does not include a proposal to change the use of the property, or construct or demolish any building on the site. Since it can be seen with certainty that there is no possibility that the acquisition of the subject property may have a significant effect on the environment, even if this purchase of land is considered a project, this project would be exempt from CEQA. Date: Contact Person Area Code/Telephone/Extension Samuel Kevin Wilson 323/583-8811/245 Date received for filing: Page 1 of 1 Juarez, Debbie From: Arellano, Claudia Sent: Thursday, February 03, 2011 9:37 AM To: Juarez, Debbie Subject: RE: Resolution No. 2011-13 - Notice of Exemption Filing with the County Clerk for Property Located at 4850 - 5050 Pacific Blvd. Pacific XC Hi Deb, We will handle and provide you with a copy. Thank you Claudia From: Juarez, Debbie , Sent: Wednesday, February 02, 2011 1:38 PM To: Arellano, Claudia Subject: Resolution No. 2011-13 - Notice of Exemption Filing with the County Clerk for Property Located at 4850 - 5050 Pacific Blvd. Pacific XC Hi Claudia. Please let me know if your department plans to file this, with the County. If you do, then please see that I get a copy for the file. Thank you. Deborah Juarez Records 914anagementAssistant City of Vernon - City Cferk's Office 4305 Santa Te Avenue Vernon, CA 90058 (323) 583-8811 2/ 10/2011 Page 1 of 1 Juarez, Debbie From: Arellano, Claudia Sent: Tuesday, February 15, 2011 7:07 AM To: Juarez, Debbie Subject: FW: RESOLUTION NO. 2011-13 AUTHORIZING THE FILING OF A NOTICE OF EXEMPTION FOR PROPERTY LOCATED AT 4850 - 5050 PACIFIC BOULEVARD Attachments: Notice of Exemption.pdf Good morning Deb, Attached is a copy of the NOE that was sent to the County. We will submit the recorded original to you upon our receipt from the County. Thank you. Claudia From: Juarez, Debbie Sent: Thursday, February 10, 2011 4:24 PM To: Wilson, Kevin; Arellano, Claudia Cc: Yamaguchi, Willard Subject: RESOLUTION NO. 2011-13 AUTHORIZING THE FILING OF A NOTICE OF EXEMPTION FOR PROPERTY LOCATED AT 4850 - 5050 PACIFIC BOULEVARD 2/15/2011 proposed hang to the aseorthe property, doe's not meet tine definiti n of `°profit ef' as are �.� all NOTICE OF EXEMPTION Mir°da ��1 Office of Planning and Research FROM: City of Vernon PO Box 3044 4305 Santa Fe Avenue Sacramento, CA 95812 Vernon, CA 90 X Count Clerk Count of Los AngelesFILILd-LAV Y Y g Environmental Filings 2011 12400 E. Imperial Hwy., Room 1101 FEB 14 - Norwalk, CA 90650 N . LO AD REGIS E C-01J ' CLERK �? L. �1€ MRSERRI( �` DE tJ� 1' Project Title Acquisition of 4850-5050 Pacific Boulevard by the City of Vernon Project Location - Specific 4850, 4900, 5000, and'5050 Pacific Boulevard, Vernon, CA 90058 Project Location - City Project Location - County Vernon Los Angeles Description of Nature, Purpose and Beneficiaries of Project The Vernon City Council has authorized the purchase of property located at 4850-5050 Pacific Boulevard. The proposed project area is zoned I -Zone, Industrial. No change of use is proposed in connection with the acquisition of this property, and the City of - Vernon will take assignment of an existing lease on the property as part of this acquisition. - Name of Public Agency approving project Cityof Vernon Name of Person or Agency carrying: out project . City of Vernon Exempt Status: (check one) Ministerial (Sec. 21080 (b) (1);15268 Declared Emergency (Sec. 21080 (b) (3); 15269(a)); INS No= WAS POSM Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)). VE 2011 XX Review for Exemption`- Sec. 15061(b)(3) '— Statutory Exemptions (3NTJL MAR X 7 Ma �1� R�"CrC1.R mr+numy CtM Reasons why project is exempt: The acquisition of the subject property does not meet the definition of "project" under the California Environmental Quality Act ("CEQA" ), and therefore is not subject to environmental review under CEQA. The purchase of this property alone, without any 11. 004091.E proposed change to the use of the property, does not meet the definition of "project". as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (Public Resources Code Section 21065). However, even if the acquisition of the subject property is considered a project, it would be exempt under CEQA Guidelines Section 15061(b)(3). The purchase of the subject property does not include a proposal to change the use of the property, or construct or demolish any building on the site. Since it can be seen with certainty that there is no possibility that the acquisition of the subject property may have a significant effectors the environment, even if this purchase of land is considered a project, this project would be exempt from CEQA. Date: Contact^ erson Area Code/Telephone/Extension Samuel Kevin Wilson 323/583-8811/245 Date received for filing: