REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
PHILIP SKEI, Assistant Director
Planning and Development Department
BY: KRISTINE LONGORIA, Project Manager
Planning and Development
SUBJECT
Title
***RESOLUTION - Declaring the southwest 4.86-acre portion of Assessor’s Parcel Number (APN) 506-010-14T to be surplus land and directing staff to comply with the Surplus Land Act (located at W. Herndon Ave., N. Hayes Ave., and N. Veterans Blvd.) (Council District 2) (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution declaring property located at the intersection of North Hayes Ave and North Veterans Blvd, Fresno Ca 93722, known as the southwest 4.86 acre portion of APN 506-010-14T to be surplus real property. Declaring the above-mentioned property surplus will allow the City to fulfill requirements of the Surplus Land Act, in order to move forward with future disposition of the land.
EXECUTIVE SUMMARY
On January 1, 2020 the Surplus Land Act (SLA) was amended to include additional requirements that local agencies must follow when disposing of property. Before a local agency may take any action to negotiate the sale of or sell property, the local agency’s governing body must take formal action in a regular public meeting declaring the property is surplus and is not necessary for the agency’s use.
In accordance with the SLA, staff has determined the property is surplus based on the fact the property is vacant and is not necessary for the agency’s use. As such the property must be declared surplus in order to proceed with the additional SLA requirements and potential disposition. The SLA requires a 60 day Notice of Availability (NOA) be sent to certain public entities and housing sponsors identified by the Housing and Community Development Department (HCD)
The attached resolution declares the aforementioned property surplus and will allow the agency to fulfill the requirements of the SLA and move forward with disposition.
BACKGROUND
The City acquired Assessor’s Parcel Number (APN) 506-010-14T as part of a larger property acquisition, which included the former APNs 504-090-55 and 506-010-10, to support the construction of a landscape maintenance yard. On May 19, 2000, the City was awarded possession of APNs 504-090-55 and 506-010-10 through an eminent domain action for this purpose. Following completion of the maintenance yard design, the Department of Public Utilities determined that the southwestern 4.86-acre portion of APN 506-010-14T (the Property) is no longer needed for City use.
Surplus Land Act Amendment Highlights
Effective January 1, 2020, the Surplus Land Act (SLA) was amended to include additional requirements that must be followed when disposing of surplus property. The SLA requires that land shall be declared either “surplus land” or “exempt surplus land” supported by written findings before a local agency may take any action to sell or lease land. The primary modifications are summarized below:
• Prohibits negotiating disposition of property prior to compliance with the procedural requirements of SLA;
• Requires legislative bodies to take formal action in a regular public meeting to declare land surplus or exempt;
• Prohibits the negotiations between a disposing agency and interested entities from including deal terms that would reduce or disallow residential use of the site;
• Requires disposing agency to send a notice of availability to specified agencies and housing sponsors that have notified the Department of Housing and Community Development of their interest. Agencies have 60 days to respond;
• Requires disposing agency, prior to agreeing to the terms for the disposition of surplus land, to provide specified information about its disposition process to the Department of Housing and Community Development (HCD). HCD then has 30 days to review the information and submit written findings to the disposing agency if HCD determines the proposed land disposal will violate requirements of this new law. Violations would be subject to monetary penalties or enforcement action.
Notice of Availability/Offer to Sell Surplus Property
Pursuant to SLA Section 54222 a Low- and Moderate-Income Housing Availability Notice (NOA)/Offer to Sell Surplus Property will be sent to certain public entities and housing sponsors that have notified HCD of their interest. Local agency conditions or restrictions must be reviewed by HCD; however, an agency may seek the appraised value.
An interested entity must notify the Agency in writing within 60 days after the Agency’s notice. If a timely notice of interest is received from a proper entity a negotiation period of no less than 90 days may begin at the end of the 60-day notice period. The negotiation process is under the purview of HCD. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units to lower income households with applicable covenants. Any proposed disposition and terms would be presented to the Council for consideration and approval.
If the Agency does not agree to price or terms with an entity to which a NOA was given or if no entity responds after the 60-day NOA period, the Agency may proceed with an RFP under the SLA provision that not less than 15 percent of the total number of residential units shall be sold or rented to lower income households with applicable 45 or 55 year covenants.
ENVIRONMENTAL FINDINGS
This is not a project for the purposes of CEQA.
LOCAL PREFERENCE
Adoption of this Resolution to declare real property surplus is not subject to local preference.
FISCAL IMPACT
There is no fiscal impact to the City at this time.
Attachments:
Resolution Surplus Herndon-Veterans