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HomeMy WebLinkAboutResolution No. 21-8016 - Declaration of City-Owned Land as Surplus Land & Implmt Procedures -State Surplus Land ActA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT ASSESSOR PARCEL NUMBER 6265-002-900 IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE PROCEDURES UNDER THE SURPLUS LAND ACT, AND FINDING THAT SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the "Act"), applies when a local agency disposes of "surplus landas that term is :tefined in Government Code section 54221; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill ("AB") 1486. AB 1486 significantly amended the Act effective January 1, 2020. These amendments included, among others, changing the previous, long-standing definitions of "surplus land" and "exempt surplus land"; providing that property shall be declared either "surplus land" or "exempt surplus land" before a. local agency may take any action to dispose of it; and adding a new limitation providing that an "agency's use" "shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development" or "property disposed of for the sole purpose of investment or generation or revenue"; and WHEREAS, the Property would fall within the definition of "surplus land" pursuant ti Government Code section 54221, as amended by AB 1486; and WHEREAS, in order to pursue new uses for the Property, including the possible disposition through a sale or preferably a lease of the Property, the City must now comply with the Act; and WHEREAS, under the Act, , surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, pursuant to the Act, City staff will send a written notice of availability of the Property by electronic mail or by certified mail to all of the entities identified in Government Code section 54222, in the form attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the property after having received notice, it must indicate its interest to do so in writing within 60 days of receiving the City s notice, and the City must negotiate in good faith with the entity/agency so responding to the notice for a period of 90 days; and A-ZU•11BYUJIYUM111110MIM PAGE 2 WHEREAS, pursuant to Government Code 54223, in the event no agreement is reached �cetwccillll�y-&--4 ant&&-l! faftf-TTi&g,#&d&in Aei�#4, the Property may be disposed of without further regard to the Act. 11111 Al MWINSPYMAN 0i 0TJ 4MU1.1 MRSIR I "Offi�m'so � I 2MML 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby declares that the Property is non-exempt surplus land and not necessary for the City's use. The basis for this declaration is that the Property is of a relatively small size and is used by the adjacent retail uses as parking for their patrons. SECTION 3. The City Council hereby authorizes the City Manager or his designee to comply with the procedures of the Act with respect to the Property, including but not limited to issuance of a Notice of Availability to all parties entitled to notice under the Act and negotiation with parties who submit a Notice of Interest in the Property. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). City staff has determined that the designation of this property as surplus is an administrative activity that does not have the potential for creating a direct physical change in environment, ot reasonable foreseeable indirect physical change in the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. If and when the property is sold to a purchaser, and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. APPROVED AND ADOPTED this 27 th day of April, 2021. _7___ 1 W�6D_IAMAFROI[A&A, Mbyor WIE,.,, "Er - 1=111 0 0 W-1yeiM I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 27 th day of April, 2021 by the following vote to wit: AYES: Council Members: Alvarez, Ashton, Pacheco, Mayor Fromet NOES: Council Member: None. ABSENT: Council Member: • ABSTAIN: Council Member: Trujillo 3a:A April 27,2021 To All Interested Parties: As required by Government Code Section 54220 of the State of California, City of Downey is providing notification that the City of Downey intends to sell/lease the surplus property listed in the accompanying table. In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of Downey of your interest in acquiring the property. However, this offer shall not obligate the City of Downey to sell the property to you. Instead, the City of Downey would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City of Downey may market the property to the general public. As required by Government Code Section 54227, if the City of Downey receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. In the event your agency or company is interested in purchasing the property, you must notify the City of Downey in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Aldo E. Schindler, Director of Community Development, at 11111 Brookshire Avenue Downey, CA 90241. You may also direct your questions to aschindler.downs yca,org or by calling 562-904-7151. Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).