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HomeMy WebLinkAbout2022-076 - City-Owned Property as Exempt Surplus Land PursuantRESOLUTION NO.2022-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING CITY -OWNED PROPERTY AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., TO EXCHANGE FOR COUNTY OF ORANGE REAL PROPERTY FOR THE CITY'S USE 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. On March 31, 2022, the Orange County Chief Real Estate Officer and City of Santa Ana City Manager entered into a non -binding Letter of Intent with the express interest of exchanging a County -owned 2.2-acre parcel in the Civic Center ("Parcel A" or "County Property"), for a City -owned 0.7-acre parcel encompassing a portion of the Civic Center Library Parking Structure ("Parcel B" or "City Property"), as detailed in Exhibit A attached herewith and incorporated herein by reference B. The City Property includes portions of APN 008-036-35. C. The County Property includes portions of APN's 008-067-46 and 008-036-39. D. Within Parcel B is a portion of the Library parking structure. The County administers the parking within the Civic Center and, under the various agreements with the City for the operation of the Civic Center, collects the revenues for the upkeep of the Civic Center area. Parcel B is not needed for City purposes. E. Within Parcel A is the Plaza of the Flags and parking structure area below, as well as the Japanese Garden and a portion of the Ross Annex Parking Structure. County staff have indicated that Parcel A is not needed for County purposes. It is also located directly adjacent to Santa Ana City Hall. The Plaza is generally used by the City for activities throughout the year for special events for which approval must be requested from the County of Orange. The City's ownership of the property will allow the City to utilize the Plaza without going through a County permitting process. F. Upon the exchange of the City Property and County Property, the property ownership boundaries which currently run through the Civic Center Library Resolution No, 2022-076 Page 1 of 4 Parking Structure and the Ross Annex parking structure will be adjusted so that the structures are wholly contained within one ownership. G. In order to consolidate ownership of the Civic Center Library Parking Structure and assist the City in the activation of the Plaza of the Flags area, the County and the City share a mutual interest in the exchange of parcels. H. Based on the analysis of City staff, valuation of the parcels subject to the exchange is equivalent. California Government Code section 54221(f)(1)(C) defines exempt surplus land to include surplus land that a local agency is exchanging for another property necessary for the agency's use. J. California Government Code section 54221(f)(1)(D) defines exempt surplus land to also include surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use. K. An exchange of the City Property from the City to the County for the County Property is mutually beneficial to both agencies. The City intends to exchange the City Property for the County Property for the City's use. M. The City now desires to declare the City Property as exempt surplus land and authorize the exchange of the City Property for the County Property. Section 2. The City Council hereby finds and declares the City Property exempt surplus land pursuant to California Government Code sections 54221(f)(1)(C) and (D), 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 execute any and all documents necessary to complete the exchange of the City Property for the County Property. Section 4. The exchange of the City Property is 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 City Property by a subsequent owner, then that development would be reviewed under CEQA. Section 5. 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. Resolution No. 2022-076 Page 2 of 4 ADOPTED this 41h day of October, 2022. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: %, Ry 0. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 076 to be the original resolution adopted by the City Council of the City of Santa Ana on October 4, 2022. Date: 1011012oz2 ,&- -A. - FvClerk of the CouncIV City of Santa Ana Resolution No. 2022-076 Page 3 of 4 EXHIBIT A Resolution No. 2022-076 Page 4 of 4 I