2023-065 - Declaring Various Properties as Surplus Land and Exempt Surplus Land

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H. A portion of the Properties are "exempt" under the SLA, as further identified in Exhibit A. Exempt Properties may be declared "exempt surplus land" and must be supported by written findings before a local agency may take any action to dispose of the Properties consistent with statutory requirements, SLA guidelines, and/or a local agency's policies or procedures. The exempt Properties, as identified in Exhibit A, qualify under Government Code section 54221(f)(1)(B). Specifically, the exempt Properties are less than 5,000 square feet and are not contiguous to land owned by a state or local agency that is being used for open -space or low -and moderate -income housing purposes. J. The exempt Properties shall be sold to a contiguous land owner of each of the respective Properties, otherwise the Property shall not be considered "exempt" and it will be subject to all requirements under the SLA. K. The City is determining that those Properties identified in Exhibit A as "Exempt Surplus Land" are, in fact, exempt under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land. Section 2. The City Council hereby finds and declares that the Properties are no longer necessary for the City's use and are therefore surplus land and/or exempt surplus land, as the terms are defined in California Government Code section 54221, et seq., as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to send written notices of availability of the Properties as described in California Government Code section 54222, to negotiate the terms of any proposed sale of the Properties with an interested public entity or, if none, another interested party, and to otherwise follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended, with respect to the disposition of the Properties. Section 4. Any proposed agreements for the sale of the Properties shall be subject to the approval of the City Council. Section 5. Sales of the Properties as surplus are exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Properties by a subsequent buyer, then that development would be reviewed under CEQA. Resolution No. 2023-065 Page 2 of 4