REPORT TO THE CITY COUNCIL
February 13, 2020
FROM: WILMA QUAN, City Manager
Office of Mayor and City Manager’s Office
ALDI DODDS, Deputy City Manager
Office of Mayor and City Manager’s Office
SUBJECT
Title
RESOLUTION - Declaring Pride Park (APN 467-29-205T), Belmont/Dewitt (APN 456-030-34T) and 735 H Street (APN 467-040-23ST) to be surplus and directing staff to comply with the Surplus Land Act
Body
RECOMMENDATION
Staff recommends that the City Council approve the attached Resolution declaring Pride Park (APN 467-29-205T), Belmont/Dewitt (APN 456-030-34T) and 735 H Street (APN 467-040-23ST) as potential surplus real property.
EXECUTIVE SUMMARY
On January 1, 2020, the Surplus Land Act was amended to include additional requirements Cities must follow when disposing of surplus property. One of the new requirements states that a local agency’s governing body must take formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. The attached resolution brings forward three properties, Pride Park (APN 467-29-205T), Belmont/Dewitt (APN 456-030-34T) and 735 H Street (APN 467-040-23ST), for Council’s consideration. The three properties are not necessary for the City of Fresno’s (City) use and must be declared surplus property in order to proceed with the additional Surplus Land Act requirements and disposition of the properties.
BACKGROUND
Modification of the Surplus Land Act went into effect January 1, 2020. The definition of local agency was revised to include “every city” and as such it applies to charter cities. The modifications are summarized below:
• Requires legislative bodies to take formal action in a regular public meeting to declare land surplus;
• 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. HCD is required to implement these provisions beginning January 1, 2021;
• Requires disposing agency to develop a list of specified sites owned by the city that have been sold, leased or otherwise disposed of in the prior year. The list must include the entity to whom each site was transferred and the intended use for the site.
Declaring the properties surplus will allow the City to fulfill the additional requirements of the Surplus Land Act and move forward with disposition.
ENVIRONMENTAL FINDINGS
This is not a project for the purposes of CEQA.
LOCAL PREFERNCE
Approval of this resolution is not subject to local preference.
FISCAL IMPACT
There is no fiscal impact to the City.
Attachment:
Resolution