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HomeMy WebLinkAboutItem 15 - Resolution Declaring City-Owned Properties Exempt Surplus Land Community Development Agency santa-ana.org/cd Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 2, 2022 TOPIC: Resolution Declaring City-Owned Properties Exempt Surplus Land AGENDA TITLE: Adopt a Resolution Declaring City-Owned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California RECOMMENDED ACTION Adopt a resolution declaring City-owned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange. DISCUSSION The City is the owner of five real property assets (“City Properties”) that are vacant remnant parcels of land that were acquired for roadway improvements on North Grand Avenue. The improvements are now complete and the remnant parcels are no longer needed for City use. These properties include: Assessor’s Parcel No. (APN)Address 398-385-03 1222 E 4th St., Santa Ana CA 92701 398-385-04 1225 E 4th St., Santa Ana CA 92701 398-385-05 1221 3rd St., Santa Ana CA 92701 398-453-05 1214 E 3rd St., Santa Ana CA 92701 398-453-06 202 N Grand Ave., Santa Ana CA 92701 On April 21, 2020, the City Council adopted a resolution declaring the City Properties as surplus and the City commenced with the disposition process pursuant to California Government Code section 54221, as they were no longer needed for City purposes. The disposition process was halted, as it was determined that the City Properties were better suited for an exchange of real property with State of California. The State owns an office building located in the Santa Ana Civic Center at 28 Civic Center Plaza, Santa Ana, CA 92701, APN 008-067-36 ("State Property"). The State Property is enclosed by City-owned property on all four sides, and an exchange of the State Property would be necessary for the City’s potential future redevelopment of City Hall and the Civic Center. Resolution Declaring City-owned Properties Exempt Surplus Land August 2, 2022 Page 2 2 8 5 8 Additionally, the State’s Housing and Community Development Agency (HCD) would be able to use the exchanged City Properties for affordable housing purposes. HCD has requested that the City Properties be assembled into a single parcel. To aggregate these parcels across 3rd Street, a cul-de-sac is required. The City will complete consolidation of the City Properties into a single parcel prior to conveyance to the State. An exchange of the City Properties for the State Property is mutually beneficial to both agencies. Adopting this resolution declaring the Properties exempt surplus under California Government Code section 54221 (f)(1)(C) and (D), allows the City to further negotiate with the State for the real property exchange. CEQA The exchange of the City Properties 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 were proposed on the City Properties and State Property, then that development would be reviewed under CEQA. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Resolution 2. Location Map Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager Resolution No. 2022-XXX Page 1 of 5 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS CITY-OWNED PROPERTIES AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., TO EXCHANGE FOR STATE OF CALIFORNIA 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.The City of Santa Ana (the “City”) is the owner of five real property assets as described in Exhibit A attached herewith and incorporated herein by reference (collectively, the "City Properties"), that were acquired for roadway improvements on North Grand Avenue, which are now complete. B.The City Properties are vacant remnant 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 City Properties consist of: 1222 E. 4th St., Santa Ana, CA 92701 (APN 398-385-03); 1225 E. 4th St., Santa Ana, CA 92701 (APN 398- 385-04); 1221 E. 3rd St., Santa Ana, CA 92701 (APN 398-385-05); 1214 E. 3rd St., Santa Ana, CA 92701 (APN 398-453-05); and, 202 N. Grand Ave., Santa Ana, CA 92701 (APN 398-453-06). D.On April 21, 2020, the City adopted a resolution designating the City Properties, along with other properties, as surplus land pursuant to California Government Code section 54221 as they were no longer needed for City purposes. E.The disposition process was halted for the City Properties as the City determined that the City Properties were suited for an exchange of real property with the State of California (the “State”). EXHIBIT 1 Resolution No. 2022-XXX Page 2 of 5 F. 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. G. The State is the owner of an office building that the State claims as surplus real property, located in the Santa Ana Civic Center at 28 Civic Center Plaza, Santa Ana, CA 92701 (APN 008-067-36) ("State Property") H. The State Property is enclosed by City owned property on all four sides, and an exchange of the State Property is ideal and necessary for the City’s redevelopment of City Hall. I. The State Housing and Community Development Agency (“HCD”) is a public agency responsible for promoting safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians, inclusive of increasing the supply of affordable places to live. J. HCD would be able to use the exchanged City Properties for affordable housing. K. HCD has requested that the City Properties be assembled into a single parcel. To connect these parcels across 3 rd Street, a cul-de-sac is required. The City will complete consolidation of the City Properties into a single parcel prior to conveyance to the State. L. An exchange of the City Properties from the City to the State for the State Property is mutually beneficial to both agencies. M. The City intends to exchange the City Properties for the State Property for the City’s use. N. The City now desires to declare the City Properties as exempt surplus land and authorize the exchange of the City Properties for the State Property. Section 2. The City Council hereby finds and declares the City Properties exempt surplus land pursuant to California Government Code section 54221(f)(1)(C), 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 Properties for the State Property. EXHIBIT 1 Resolution No. 2022-XXX Page 3 of 5 Section 4. The exchange of the City Properties 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 Properties 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. ADOPTED this ______ day of ______________, 2022. _______________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ EXHIBIT 1 Resolution No. 2022-XXX Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana EXHIBIT 1 Resolution No. 2022-XXX Page 5 of 5 EXHIBIT A City of Santa Ana Exempt Surplus Properties For Exchange with State of California APN Address Parcel/ Size 398-385-03 1222 E. 4th St. C7 12,734 SF 398-385-04 1225 E. 4thSt. 398-385-05 1221 E. 3rd.St. 398-453-05 1214 E. 3rd St. C9 25,139 SF 398-453-06 202 N. Grand Ave. EXHIBIT 1 0227 25 21 17 15 11 31 07 IAssesso r’s Parcel No . (APN)Address398-385-03 1222 E 4th St., Santa Ana CA 92701398-385-04 1225 E 4th St., Santa Ana CA 92701398-385-05 1221 3rd St., Santa Ana CA 92701398-453-05 1214 E 3rd St., Santa Ana CA 92701398-453-06 206 N Grand Ave., Santa Ana CA 92701 Location Map EXHIBIT 2