REPORT TO THE CITY COUNCIL OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION
FROM: MARLENE MURPHEY, Executive Director
SUBJECT
Title
Actions pertaining to the disposition of surplus lands:
1. ***RESOLUTION - Declaring APNs 468-192-13T and 468-192-14T to be exempt surplus land (Subject to Mayor’s Veto);
2. ***RESOLUTION - Declaring APN 468-222-12T to be exempt surplus land (Subject to Mayor’s Veto);
3. ****RESOLUTION - Declaring APNs 468-223-01T, 468-223-02T and 468-223-19T to be exempt surplus land (Subject to Mayor’s Veto);
4. ***RESOLUTION - Declaring a portion of APN 468-195-34T to be exempt surplus land (Subject to Mayor’s Veto);
5. ****RESOLUTION - Declaring APNs 468-222-15T, 468-222-16T and 468-195-34T (portion) to be surplus land and directing staff to comply with the Surplus Land Act (Subject to Mayor’s Veto); and
6. ****RESOLUTION - Finding good cause and clear and convincing benefit to the public pursuant to Fresno Municipal Code Section 4-204 relating to the disposition of real surplus property (Requires Five Affirmative Votes) (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends that the City Council approve the attached Resolutions pertaining to the disposition of properties generally located between M and P Streets and FWY 41 and Ventura Avenue, as follows:
• Declare as surplus exempt APNs 468-192-13T, 468-192-14T, 468-222-12T, 468-223-01T, 468-223-02T, and 468-223-19T exempt surplus land pursuant to Government Code Section 54221 subd. (f)(1)(B) and,
• Declare as surplus exempt a portion of APN 468-195-34T GCS 54221 subd. (f)(1)(D)
• Declare as surplus APNs 468-222-15T, 468-222-16T and 468-195-34T (portion) to be surplus real property.
• Find good cause and clear and convincing benefit to the public pursuant to Fresno Municipal Code Section 4-204 relating to the disposition of real surplus property (Subject to Mayor’s Veto).
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 that the property is surplus land or exempt surplus land and is not necessary or needed for the agency’s use. The attached resolutions declaring the above-mentioned property surplus and exempt surplus will allow the Successor to the Redevelopment Agency of the City of Fresno to fulfill the additional requirements of the Surplus Land Act in order to move forward with potential disposition.
In accordance with the SLA, staff has determined that parcels 468-222-15T, 468-222-16T and 468-195-34T (portion) are non-exempt surplus land and as such, the properties must be declared surplus in order to proceed with the additional SLA requirements and potential disposition.
In accordance with GCS 54221 subd. (f)(1)(B) staff has determined that parcels 468-192-13T, 468-192-14T, 468-222-12T, 468-223-01T, 468-223-02T and 468-223-19T are exempt surplus land as each parcel is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.
In accordance with GCS 54221 subd. (f)(1)(D) a portion of parcel APN 468-195-34T is declared exempt surplus land and will transferred to the State of California Fifth District Court of Appeal.
The Court is requesting transfer of the property at no cost. The most recent appraised value is three hundred ninety-five thousand dollars. In accordance with the provisions of FMC Section 4-204 relating to the disposition of real property, the attached Resolution finds good cause and clear and convincing benefit to the public to dispose of real property that serves as the public’s point of access to the 5th District Court of Appeal for less than fair market value. The property identified for transfer was planned and constructed as the entry way and public point of access to the 5th DCA Court of appeal in 2007 and has continuously been maintained by the Court to serve its intended purpose. Neither Agency nor City funds were used in its construction. The 5th DCA’s jurisdiction encompasses nine counties within central California, and its physical presence makes a significant contribution to Fresno’s downtown. The area identified for transfer is critical to the Court’s continuous accessibility to the public.
BACKGROUND
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.
ENVIRONMENTAL FINDINGS
This is not a project for the purposes of CEQA.
LOCAL PREFERENCE
Approval of this resolution is not subject to local preference.
FISCAL IMPACT
There is no fiscal impact.
Attachment:
1. Resolution - Declare Exempt Surplus 468-192-13T -14T
2. Resolution - Declare Exempt Surplus 468-222-12T
3. Resolution - Declare Exempt Surplus 468-223-01T -02T -19T
4. Resolution - Declare Exempt Surplus 468-195-34T (portion)
5. Resolution - Nonexempt Surplus 468-195-34T 468-222-15T -16T
6. Resolution - FMC Section 4-204 468-195-34T