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HomeMy WebLinkAbout55D - RESO FOR CITY OWNED PROPERTIES AS SURPLUSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2020 TITLE: ADOPT A RESOLUTION DECLARING CITY - OWNED PROPERTIES ACQUIRED FOR VARIOUS ROADWAY IMPROVEMENT PROJECTS AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO COMPLY WITH THE REQUIREMENTS OF GOVERNMENT CODE §54220 FOR THE SALE OF SURPLUS LAND /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2" ° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ rK•�►nutn�.ic. FILE NUMBER RECOMMENDED ACTION Adopt a resolution declaring City -owned property as surplus land and direct the City Manager to comply with the requirements of Government Code §54220 et seq. for the sale of surplus land. DISCUSSION The City is the owner of substantial real property assets that have been acquired for various roadway improvement projects including the Bristol Street Widening Project. These parcels are the remaining unsold properties from the 2019 Request for Proposals (RFP) 19-026 Sale of City Owned Vacant Properties. A complete list of these parcels is available in Exhibit 1. Staff recommends that these remnant parcels be disposed of and developed to generate new property taxes to fund City services. Additionally, the activation of these vacant lots will eliminate blight and promote neighborhood improvements and sustainability, while reducing City liability and the expense of maintaining these lots on a monthly basis. The Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. New legislation which took effect on January 1, 2020 requires that before a local agency take any action to dispose of land, the land must be declared either "surplus land" or "exempt surplus land," as supported by written findings. Furthermore, although the City has its own Disposition Policy, section 54220 — 54232 of Article 8 of the California Government Code, requires that the land be declared "surplus land" or "exempt surplus land", before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. Adoption of the resolution (Exhibit 1) would declare the City -owned vacant properties remaining from RFP 19-026 as surplus land. 55D-1 Resolution Declaring Various Properties Surplus Land April 21, 2020 Page 2 Upon the City's determination that the aforementioned properties are surplus land, the procedures set forth in California Government Code Section 54220 etseq. must be followed. Those procedures require the City to offer the sale or lease of surplus land to certain public entities for a period of 60 days, as follows: 1. For the purpose of developing low- and moderate -income housing, a written notice of availability of the surplus land shall be sent to any "local public entity" as defined in Health and Safety Code Section 50079 within whose jurisdiction the surplus land is located and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. Local public entities to be notified include the City of Santa Ana Housing Authority. 2. For open -space purposes, a written notice of availability of the surplus land shall be sent to the City of Santa Ana Parks and Recreation Agency, the County of Orange OC Parks, the State Resources Agency or any agency that may succeed to its powers. 3. For the purpose of use by a school district for school facilities construction or open -space purposes, a written notice of availability of the surplus land shall be sent to the Santa Ana Unified School District. If the City receives a letter of interest from any of the above entities, then the City would enter into good faith negotiations concerning the price and terms of the sale with that entity for a period of 90 days. If the price or terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the City may sell the surplus land without further regard to the surplus land procedures, except that any residential development on the surplus land that contains 10 or more units must restrict 15% of the units for affordable housing. Nothing in the surplus land procedures requires the City to sell the surplus land at less than fair market value. If the end of the 90-day negotiation period does not result in successful negotiations, the Public Works Agency will proceed with disposition via Request for Proposals (RFP), consistent with previous methodology approved and utilized for disposition of properties with restricted sale of proceeds. Purchase and Sale Agreements (PSA's) for the sale of referenced properties would be brought to the City Council for consideration at a future date, following all evaluation periods. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City 55D-2 Resolution Declaring Various Properties Surplus Land April 21, 2020 Page 3 assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). FISCAL IMPACT There is no fiscal impact associated with this action. NS/WEG/JG/HG Exhibit: 1. Resolution 55D-3 EXHIBIT 1 jmf 4-1-20 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THEIR DISPOSITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City of Santa Ana (the "City") is the owner of substantial real property assets that have been acquired for various roadway improvement projects now completed, as described on Exhibit A (collectively, the "Properties"). B. The Properties are leftover parcels from full parcel acquisitions that were made following the City's environmental analysis that the project impacts could not be adequately mitigated if only partial acquisitions were made. C. The Properties remain vacant. D. The City's Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Properties. E. There are frequent calls from the public inquiring about site maintenance, clean-up, vacant status, and/or expressing support for development of the Properties. F. Proceeds from the sale of the Properties will benefit the Bristol Corridor, and the property tax generated may provide funding to enhance City services, and the future development of the Properties would eliminate blight and promote neighborhood liability and sustainability. Resolution No. 2020-XXX Page 1 of 3 EXHIBIT 1 55D-4 G. The Properties have become surplus within the meaning of the California Surplus Land Act, Government Code section 54220 et seq., as amended on January 1, 2020, and are not necessary for the City's use. 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 as that term is defined in California Government Code section 54221, 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 on January 1, 2020, 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. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: lam, JdAn Funk Assistant City Attorney Resolution No. 2020-XXX Page 2 of 3 Miguel A. Pulido Mayor 55D-5 jmf 4-1-20 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council Resolution No. 2020-XXX Page 3 of 3 55D-6 Property List EXHIBIT A APN Address RFP Parcel ID 405-252-22 1607 N. Bristol St Cl 405-252-21 1601 N. Bristol St 405-272-21 N/A C:2 405-272-18 1411 N. Bristol St 405-272-17 1405 N. Bristol St 405-272r16 1401 N. Bristol St 405-272-15 1321 N. Bristol St 405-272-14 1319 N_ Bristol St 405-272-13 1315 N. Bristol St 405-272-12 1311 N. Bristol St 402-272-11 1303 N. Bristol St 004-123-48 828 N. Bristol St C3 004-123-52 N/A 010-295-23 430 S. Bristol St. C4 010-295-22 434 S. Bristol St. 010-295-21 438 S. Bristol St. 010-295-20 442 S. Bristol St. 010-295-19 446 S. Bristol St. 010-295-18 502 S. Bristol St. 010-295-17 1506 S. Bristol St. 010-295-16 510 S. Bristol St. 010-295-15 514 S. Bristol St. 010-295-14 518 S. Bristol St. 010-295-13 522 S. Bristol St. APN Address RFPParcel ID 109-345-20 712S. Bristol St. C5 109-345-19 716 S. Bristol St. 109-345-18 720S. Bristol St. 109-345-17 802S. Bristol St. 109-345-16 806S. Bristol St. 109-345-15 810S. Bristol St. 109-345-14 814S. Bristol St. 109-345-13 818S. Bristol St. 109-345-12 822 S. Bristol St. 109-345-11 902S. Bristol St. 015-194-40 2235 S. Bristol St C6 015-194-37 1211 W. Wa rAve. 398-385-03 1222 E. 4th St. C7 398-385-04 1225 E 4th St. 398-385-05 1221 E.3rd.St. 008-091-01 315 N. Bristol St. C8 008-091-13 303 N. Bristol St. 008-091-14 1247 W. 3rd St. 008-091-02 1244 W. Santa Ana B 398-453-05 1214 E. 3rd St. C9 398-453-06 202 N. Grand Ave. 008-081-28 517 N. Bristol St. C10 008-081-26 515 N. Bristol St. 008-082-29 1247 W. Santa Ana B Cil APN Address RFP Parcel ID 398-492-14 823 E.1st St. C12 007-203-24 1503W.1st St. C13 405-074-16 724 N. Bristol St. Pi 405-074-17 716 N. Bristol St. 405-074-18 712 N. Bristol St. 405-074-19 704 N. Bristol St. 007-302-21 302 S. Bristol St. P2 007-302-20 306 S. Bristol St. 007-302-19 310 S. Bristol St. 007-302-18 314 S. Bristol St. 007-302-17 318 S. Bristol St. 007-302-16 402 S. Bristol St. 007-302-15 406 S. Bristol St. 005-142-35 921 N. Flower St P3 005-142-58 915 N. Flower St 005-142-47 842 N. Ga nsey St 55D-7