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CITY COUNCIL AGENDA REPORT
City of Anaheim
ECONOMIC DEVELOPMENT DEPARTMENT
DATE: MAY 21, 2024
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: DECLARING A CERTAIN PROPERTY LOCATED AT LINCOLN
AVENUE AND MANCHESTER AVENUE AS EXEMPT SURPLUS
LAND IN ACCORDANCE WITH THE SURPLUS LAND ACT AS
AMENDED
ATTACHMENTS (Y/N): YES ITEM # 25
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, By Resolution, declare a real property remnant parcel located at the southwest corner of Lincoln Avenue at Manchester Avenue to be “exempt surplus” 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.
Effective January 1, 2020, Assembly Bill (AB) 1486 amended the State Surplus Land Act (“SLA”) to require local agencies to formally declare publicly owned property no longer used for the agency’s expressed purpose as “surplus land” or “exempt surplus land” before beginning the disposition process.
Land that is considered “exempt surplus” fall under 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;
Declaring a Certain Property located at Lincoln Avenue and Manchester Avenue as Exempt Surplus Land in Accordance with the Surplus Land Act as Amended
May 21, 2024
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 property 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.
The parcel on the southwest corner of Lincoln Ave. and Manchester is a remnant parcel from the I-5 freeway widening project within District 3 and per the requirements of the SLA will be offered for purchase to the adjacent property owner. The parcel was originally retained for Government Use. However, Public Works has confirmed that the parcel is not needed for its use and the adjacent property owner has expressed a desire to purchase the parcel. Please see Attachment 2 for detailed parcel information and parcel map location.
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.
ENVIRONMENTAL DETERMINATION:
The City Council finds and determines that this action results in no binding commitment by the City to authorize or advance the disposition of any of the Surplus Properties or 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.
Respectfully Submitted,
Sergio M. Ramirez
Director of Economic Development
Declaring a Certain Property located at Lincoln Avenue and Manchester Avenue as Exempt Surplus Land in Accordance with the Surplus Land Act as Amended
May 21, 2024
Attachments:
1. Resolution
2. Location Map