HomeMy WebLinkAboutResolution No. 24-8230 - Apprv Purchase & Acq of a Partial Fee and Temp Construction Easement for 8010 Imperial HwyRESOLUTION NO. 24-8230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE PURCHASE AND ACQUISITION OF A PARTIAL FEE AND
TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT
8010 IMPERIAL HIGHWAY PURSUANT TO THE ADOPTED MITIGATED
NEGATIVE DECLARATION FOR THE "PARAMOUNT BOULEVARD AT
IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT"
WHEREAS, the City of Downey ("City") has negotiated a purchase agreement with Best
California Gas, Ltd., a California limited partnership ("Seller") and Tesoro Refining & Marketing
Company LLC, a Delaware limited liability company ("Lessee"), pursuant to which the City would
acquire a partial fee and temporary construction easement located at 8010 Imperial Highway,
Downey, CA for a purchase and acquisition price of Two Hundred One Thousand One Hundred
Eighty -Two Dollars ($201,182.00) ("Agreement"); and
WHEREAS, on June 23, 2020, the City Council, pursuant to the California Environmental
Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA), and the State CEQA Guidelines (14 Cal.
Code Regs. §§ 15000 et seq.) determined that a Mitigated Negative Declaration (MND) be
prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of
the Paramount Boulevard at Imperial Highway Intersection Improvement project ("Project'); and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in
furtherance of a project for which an Environmental Impact Report (EIR) has been certified, the
lead agency is required to review any changed circumstances to determine whether any of the
circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section
15162 require additional environmental review; and
WHEREAS, the purchase and acquisition of the partial fee and temporary construction
easement has been evaluated in light of the standards for subsequent environmental review
outlined in Public Resources Code section 21166, and State CEQA Guidelines section 15162;
and
WHEREAS, based on that evaluation, the MND fully analyzed and mitigated all potentially
significant environmental impacts, if any, that would result from the purchase and acquisition of
the partial fee and temporary construction easement, and therefore, no subsequent EIR or
mitigated negative declaration is required; and
WHEREAS, the City Council has determined that approval of the Agreement and the sale
transaction contemplated thereby, are in the best interest of the City and the public health, safety
and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Having considered the administrative record, the MND and all written and
oral evidence presented to the City Council, the Council finds that all environmental impacts of
the purchase and acquisition of the partial fee and temporary construction easement have been
addressed within the MND. The City Council finds that no new or additional mitigation measures
are required. The Council further finds that there is no substantial evidence in the administrative
record supporting a fair argument that the purchase and acquisition of the partial fee and
temporary construction easement may result in any significant environmental impacts beyond
those analyzed in the MND.
RESOLUTION NO. 24-8230
PAGE 2
SECTION 2. The City Council of the City of Downey hereby (i) approves the Agreement,
a copy of which attached hereto as Exhibit "A", and is on file with the City Clerk, (ii) if required,
authorizes and directs the City Manager to make final changes to the Agreement consistent with
the City Council's direction, and (iii) further authorizes the City Manager to execute the final
Agreement and any other documents and agreements necessary to complete the sale transaction
contemplated by the Agreement.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 1311 day of February, 2024.
MARIO TRUJILLO, May
ATTEST:
L4�-
I -
MARIAALICIA DLAR TE, CMC
City Clerk
APPROVED AS TO FORM:
An
A, -f..,k
FUNK
City Attorney
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Regular meeting held on the 13th day of February, 2024, by the following vote,
to wit:
AYES:
Coundi Members:
Frometa, Ortiz, Pemberton, Sosa, Trujillo
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAIN:
Council Members-
None.
MARIA ALICIA DUARTE, CMC
City Clerk