HomeMy WebLinkAboutCC RES 22-04 DocuSign Envelope ID: DD820812-3A93-430E-9460-550DC06B45B5
RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF
ASSESSORS PARCEL NUMBER 500-071-12 EXEMPT FROM THE REVISED
SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 54221(f)(1)(A) AND 54234 AND THE FINAL SURPLUS LAND ACT
GUIDELINES SECTIONS 103(b)(1)(A) and 103(b)(3)(A).
WHEREAS, the City of Tustin (City) owns certain real property comprised of
Assessors Parcel Number 500-071-12 (the "Property"); and
WHEREAS, the City is transferring the Property for the development of housing
affordable as described in Government Code Section 37364; and
WHEREAS, the Legislature reaffirmed in Government Code Section 37364 that
real property of cities can be utilized, in accordance with a city's best interests, to provide
housing affordable to persons and families of low or moderate income; and
WHEREAS, the City has determined that is in the City's best interests to provide
housing affordable to persons and families of low or moderate income by conveying the
Property for the development of transitional housing for homeless families who are
extremely low to low income; and
WHEREAS, the Legislature reaffirmed in Government Code Section 37364 that
real property of cities can be conveyed to provide housing affordable under whatever
terms and conditions the city deems best suited to the provision of such housing; and
WHEREAS, the City has determined to convey the Property for housing affordable
under the terms and conditions the City deems best suited to the provision of such
housing and those terms and conditions serve the need for transitional housing for low
income families; and
WHEREAS, the City Council finds that one hundred percent of the Property will be
developed for housing affordable to families of low or moderate income in accordance
with Government Code Section 37364(b); and
WHEREAS, the City Council finds that the Property will be developed in order for
one hundred percent of the units shall be affordable to households who incomes are equal
to, or less than, seventy-five percent of the maximum income of lower income households
and at least half of which shall be affordable to very low income households in accordance
with Government Code Section 37364(c); and
Resolution 22-04
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DocuSign Envelope ID: DD820812-3A93-430E-9460-550DC06B45B5
WHEREAS, the Property will be conveyed to Family Promise to develop the
seven-unit House of Ruth project for families of low income and the Property shall be
restricted by a Declaration of Covenants and Restrictions (Regulatory Agreement) to
remain continually affordable to those persons and families for at least 55 years, in
accordance with Government Code Section 37364(d); and
WHEREAS, the Regulatory Agreement defines low income households in
accordance with Sections 50079 and 50093 of the Health and Safety Code; and
WHEREAS, the Property is being conveyed pursuant to an Exclusive Negotiating
Agreement with Family Promise (ENA) that was executed in November 2018 and a
Disposition and Development Agreement with Family Promise (DDA) that was executed
in February 2020, and the City plans to dispose of the Site pursuant to the requirements
of the ENA and DDA; and
WHEREAS, existing law established the Surplus Land Act (SLA)for local agencies
to follow when disposing of surplus properties no longer needed for the City's use; 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, since the ENA applicable to the Property was approved and executed
prior to September 30, 2019, the Property falls within the parameters of Government
Code 54234 and the Final Surplus Land Act Guidelines Section 103(b)(1)(A); and
WHEREAS, since the disposition of the Property falls within the parameters of
Government Code 54221(f)(1)(A), Government Code Section 37364, and the Final
Surplus Land Act Guidelines Section 103(b)(3)(A), the Property is exempt surplus
property for purposes of the Surplus Land Act and the Surplus Land Act Guidelines.
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
Resolution 22-04
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DocuSign Envelope ID: DD820812-3A93-430E-9460-550DC06B45B5
2. The Property comprised of APN 500-071-12 is hereby declared "exempt
surplus land" as defined in Government Code Section 54221 and, pursuant to
Government Code Section 54222.3, the Surplus Land Act shall not apply to the
disposal of the Property.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 1 st day of February, 2022.
DocuSigned by:
AUS WLIJI MBAIRD,
Mayor
ATTEST:
DocuSigned by:
`�V'iCa aStti�,a
ERI bAW76YWStjDA,
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 22-04 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day
of February, 2022 by the following vote:
COUNCILMEMBER AYES: Lumbard, Cooper, Clark Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
DocuSigned by:
`LV'iCa (�aStti�,a
ERI " WYA'SUDA,
City Clerk
Resolution 22-04
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