HomeMy WebLinkAbout05 RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 104-611-33 AS SURPLUS LAND DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913
Agenda Item 5
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Reviewed: ��
1W AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 21 , 2021
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ECONOMIC DEVELOPMENT DEPARTMENT/PUBLIC WORKS
DEPARTMENT
SUBJECT: RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER
104-611-33 AS SURPLUS LAND
SUMMARY
Resolution 21-73 will declare APN 104-611-33 as surplus land pursuant to California
Government Code Section 54221 .
RECOMMENDATION
It is recommended that the City Council take the following actions:
1 . Adopt Resolution 21-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSOR'S PARCEL NUMBER 104-611-33 AS SURPLUS
LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 .
2. Direct staff to submit the appropriate documentation to the California Department
of Housing and Community Development.
FISCAL IMPACT
Not applicable
BACKGROUND
The Surplus Land Act (SLA) defines the process for local agencies to follow when
disposing of surplus parcels of land owned in fee that are no longer needed for a
government use. The SLA set general timelines for posting notification of an available
surplus property, defined the process for negotiating with an affordable housing developer
in the that one (or more) expressed interest, and the process of disposition absent any
notification of interest or in the event negotiations do not result in a sale or lease to a
qualifying affordable housing developer.
DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913
Agenda Report—Surplus Land Declaration
September 21, 2021
Page 2
Assembly Bill 1486 (Ting, 2019) amended the SLA and significantly changed the terms
of the SLA, as well as added substantial penalties for noncompliance. The Final Housing
and Community Development Department (HCD) Guidelines (Final HCD Guidelines) for
compliance with the SLA were published in April 2021 .
The SLA and Final HCD Guidelines grant certain exemptions for various types of
property, and for property subject to agreements entered into prior to September 30,
2019.
The City Council authorized the purchase of Assessor's Parcel Number (APN) 104-611-
33 on October 2, 2018 to facilitate construction of the Simon Ranch Reservoir, Booster
Pump Station and Pipeline Replacement Project (CIP 60114) with funds from the 2013
Water Bonds Fund (Fund 306). The property will soon be ready to be disposed of
pursuant to the Surplus Land Act and Final Surplus Land Act Guidelines.
DISCUSSION
Resolution 21-73 states the findings and declares APN 104-611-33 as surplus land. Staff
will prepare and submit the required Notice of Availability (NOA) to the entities prescribed
by the SLA and Final HCD Surplus Land Act Guidelines.
DocuSigned by: DocuSigned by:
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Douglas S. Stack, P.E. Christopher Koster
Director of Public Works/City Engineer Director of Economic Development
Docu Signed by:
Ken eTh7iguee
Senior Management Analyst
ATTACHMENTS
- Resolution 21-73
DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913
RESOLUTION NO. 21-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSORS PARCEL
NUMBER 104-611-33 AS SURPLUS LAND PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54221 .
WHEREAS, the City of Tustin owns certain real property consisting of
approximately 0.57 acres (Site) located on Assessors Parcel Number 104-611-33; and
WHEREAS, the Site was acquired with Water Bond funds (Fund 306) to facilitate
construction of the Simon Ranch Reservoir, Booster Pump Station and Pipeline
Replacement Project (CIP 60114); and
WHEREAS, existing law established the Surplus Land Act (SLA)for local agencies
to follow when disposing of surplus properties no longer needed for government use or
for revenue generation; and
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed
Assembly Bill 1486 (Ting) into law, making substantive amendments to the SLA effective
January 1 , 2020; and
WHEREAS, the amended SLA requires local agencies to declare land as "surplus
land" or "exempt surplus land" prior to disposing of property owned by the local agency;
and
WHEREAS, the final Surplus Land Act Guidelines were published by the California
Housing and Community Development Department in April 2021 with additional guidance;
and
WHEREAS, construction of CIP 60114 is nearing completion; and
WHEREAS, the City Council desires to initiate a disposition process for the Site;
and
WHEREAS, the City will send a written notice of availability for the Site by
electronic mail to all of the entities identified in Government Code section 54222; and
WHEREAS, as contemplated by Government Code section 54222 and 54227, if
one of the entities/agencies desires to purchase or lease the Site after having received
the notice of availability, it must indicate its interest to do so in writing within 60 days of
receiving the City's notice, and the City and the entity/agency so responding to the notice
will negotiate in good faith to determine whether price and terms for the disposition of the
Site can be agreed upon; and
DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913
WHEREAS, as contemplated by Government Code 54223 and 54227, in the event
no agreement is reached between the City and any interested entity/agency after a good
faith negotiation period of 90 days, the Site may be disposed of without further regard to
the SLA, except that if the City then enters into an agreement with any entity which results
in the construction of ten or more residential units, the new entity shall provide at least 15
percent of the total number of units as affordable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN, THAT:
1 . The foregoing recitals are hereby incorporated and adopted as the findings of
the City Council; and
2. This action results in no binding commitment by the City to authorize or
advance the disposition of the Site, will not result in a direct or indirect physical
change in the environment, and does not constitute an "approval' of a "project"
pursuant to CEQA Guidelines Sections 15004 and 15352; and
3. Subject to the findings above, the Site comprised of APN 104-611-33 is hereby
declared "surplus land".
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 21St day of September, 2021.
LETITIA CLARK,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No 21-73 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21St day
of September, 2021 by the following vote:
DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA,
City Clerk