HomeMy WebLinkAboutCC RES 21-73 DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
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
Resolution 21-73
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DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
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 ofAPN 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 .
DocuSigned by:
// :
AU MTVMBARD,
Mayor Pro Tem
ATTEST:
DocuSigned by:
`LV'iCa (�aStti�,a
ER ° 04YAISU DA,
City Clerk
Resolution 21-73
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DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
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:
COUNCILMEMBER AYES: Lumbard, Cooper, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Clark (1)
DocuSigned by:
_ `LV' Ya'w'
ER --9tT`YA'9 1DA,
City Clerk
Resolution 21-73
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