HomeMy WebLinkAboutCC RES 24-48Docusign Envelope ID: 15FD048C-1C42-4AF7-876E-FB6696819B13
RESOLUTION NO. 24-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S
PARCEL NUMBERS 430-251-23 AND 430-251-37 AS SURPLUS LAND PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 54221
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately eleven (11) acres (Site) comprised of Assessor's Parcel Numbers (APNs)
430-251-23 and 430-251-37; and
WHEREAS, the Site is located within the Pacific Center East Specific Plan
boundary; and
WHEREAS, the City entered into a Cooperative Agreement with Cal Trans and
Cal Trans conveyed former Cal Trans property to the City on December 23, 2010, that
Cal Trans has determined was excess right-of-way; and
WHEREAS, the Site is located within Planning Area 10 of the Pacific Center East
Specific Plan. Planning Area 10 does not currently allow for residential uses and
allowed uses are generally categorized as "Office Center". It is contemplated that a
Specific Plan amendment would be a necessary prerequisite for residential development
of the parcel, along with any other applicable required entitlements and infrastructure
improvements; 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; 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 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, as contemplated by Government Code Sections 54222 and 54227, if
one of the entities/agencies desires to purchase or lease the Site after having received
the Notice of Availability (NOA), it must indicate its interest to do so in writing within sixty
(60) days of receiving the City's NOA, and the City and the entities/agencies 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
WHEREAS, notwithstanding and subject to the foregoing, the City Council is
hereby declaring the Site to be "surplus land" for purposes of California Government Code
Resolution 24-48
Page 1 of 3
Docusign Envelope ID: 15FD048C-1C42-4AF7-876E-FB6696819B13
section 54221(b)(1) and will participate in good faith in the process required by the
Surplus Land Act, including but not limited to issuing a written NOA in accordance with
Government Code Section 54222; and
WHEREAS, as contemplated by Government Code Sections 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 ninety (90) days, the Site may be disposed of
without further regard to the SLA, except that the City will record a covenant in accordance
with the Final Updated Surplus Land Act Guidelines Section 202(b)(1).
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 430-251-23 and 430-
251-37 is hereby declared "surplus land;" and
4. The City Manager or designee is authorized and directed to circulate an NOA
and submit any required documentation to HCD in connection with this
Resolution, and to take such other actions as are required or appropriate to
implement such direction.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 20th day of August, 2024.
ATTEST:
DS
�Signed by: _
f�4 (& axst a
E Rfe
JADN6oAAASUDA,
City Clerk
Signed by:
AU T' I'PIL3 ARD,
Mayor
Resolution 24-48
Page 2 of 3
Docusign Envelope ID: 15FD048C-1C42-4AF7-876E-FB6696819B13
APPROVED AS TO FORM:
Signed by:
DA DIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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.
24-48 was duly passed and adopted at a regular meeting of the Tustin City Council,
held on the 20th day of August, 2024 by the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Clark, Gomez, Schnell (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: (0)
Signed by:
DS
fVi
(a AsyJA
E R ,WYM*J DA,
City Clerk
Resolution 24-48
Page 3 of 3