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SUCCESSOR AGENCY AGENDA REPORT
City of Anaheim
ECONOMIC DEVELOPMENT DEPARTMENT
DATE: MAY 21, 2024
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: DECLARING CERTAIN PROPERTIES LOCATED AT VARIOUS
LOCATIONS AS EXEMPT SURPLUS LAND IN ACCORDANCE
WITH THE SURPLUS LAND ACT AS AMENDED
ATTACHMENT (Y/N): YES ITEM # 03
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council as the Successor Agency to the Anaheim Redevelopment Agency, by Resolution, declare certain real properties to be “exempt surplus” properties pursuant to Surplus Land Act, California Government Code Section 54221(b)(1)2 and determine the action will not result in a direct or indirect physical change in the environment and does not constitute an “approval” of a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15004 and 15352.
DISCUSSION:
The Redevelopment Agency was dissolved pursuant to ABX1 26 (“Dissolution Act”), as upheld and modified by the Supreme Court in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Cal.4th 231(2011)). As part of the dissolution process, the City of Anaheim elected to become the Successor Agency to the Redevelopment Agency (“Successor Agency”) to oversee and administer the wind down activities of the former Redevelopment Agency including the disposition and sale of real property.
On January 1, 2020, Assembly Bill (AB) 1486 amended the State Surplus Land Act (“SLA”) requiring local agencies to formally declare publicly owned property no longer used for the agency’s expressed purpose as “surplus land” or “exempt surplus land” as part of the property disposition process. AB 1486 applies to both City owned property and Successor Agency owned property.
Attachment 2 identifies 63 properties compiled into 16 sites. Of the 16 sites, 15 are active public right-or-way and will be transferred with the existing maintenance responsibilities of the HOAs remain in effect per CC&Rs and DDAs. For the remaining site, site number 53 located to the west of the intersection of Holly Street and Catalpa Avenue, the adjacent property owner has expressed interest in purchasing the remnant parcel. Staff will work with the adjacent property owner to negotiate a purchase and sale agreement for fee title to the property and bring the purchase and sale agreement back to the City Council for consideration.
Declaring Certain Properties Located at Various Locations as Exempt Surplus Land in Accordance with the Surplus Land Act as Amended
May 21, 2024
The attached list of properties are “exempt” from the SLA process and fall under one of the following exempt categories:
a. Land that 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;
b. Land that a local agency is exchanging for another property, or easements, necessary for the agency’s use;
c. Land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use; or
d. Land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
As to the properties declared “exempt surplus,” as identified on Attachment 2, pursuant to Government Code section 54221, subdivision (b)(1), a local agency that determines that a property is exempt from the standard SLA process shall support such a determination with written findings, and pursuant to section 400(e) of the SLA Guidelines, the local agency shall provide a copy of the written determination to HCD at least 30 days prior to disposition.
Following the City Council’s declaration of the subject property as “exempt surplus,” City staff will work with the adjacent property owner to negotiate a purchase and sale agreement for fee title to the property, bring the purchase and sale agreement back to the City Council for consideration, and provide a copy of the written determination to HCD in accordance with the SLA. For the right-of-way streets and properties, City staff will work to transfer the title to the Public Works Department.
ENVIRONMENTAL DETERMINATION:
The Successor to the Anaheim Redevelopment Agency finds and determines that this action results in no binding commitment by the Successor to the Anaheim Redevelopment Agency to authorize or advance the disposition of any of the Exempt Surplus Properties; will not result in a direct or indirect physical change in the environment; and does not constitute an “approval” of a “project” pursuant to CEQA Guidelines Sections 15004 and 15352.
IMPACT ON BUDGET:
Sufficient funds for compliance with the Surplus Land Act are available in the Economic Development Department’s FY 2023/24 Long Range Property Management Plan budget.
Declaring Certain Properties Located at Various Locations as Exempt Surplus Land in Accordance with the Surplus Land Act as Amended
May 21, 2024
Respectfully Submitted,
Sergio M. Ramirez
Executive Director of the Successor Agency to the Anaheim Redevelopment Agency Attachments:
1. Resolution Declaring Exempt Surplus for Successor Agency-owned Properties
2. List of Exempt Surplus for Successor Agency-owned Properties