Joint Special Council/BFPD
11/7/22 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 5169
COUNCIL AGENDA ITEM
AGENDA MATTER:
CONSIDERATION OF RESOLUTION DECLARING REAL PROPERTY LOCATED AT 1701 E. MAIN
STREET EXEMPT SURPLUS LAND
EXECUTIVE SUMMARY:
The City received an offer from the Marsella family to purchase a vacant City-owned parcel located at 1701 E. Main Street.
The City Manager placed this item on the agenda for Council consideration. Staff asks the Council to receive and consider public comment and adopt the attached resolution declaring the parcel at 1701 E.
Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act.
DISCUSSION:
The City owns vacant land at 1701 E. Main Street (APN: 0181-452-58). The parcel is approximately 4,410 square feet and zoned GC (General Commercial).
The Marsella family approached the City about purchasing the property. The Marsella family owns property adjacent to the City-owned parcel (APN: 0181-452-75). The Marsella family intends to develop the City-owned vacant parcel by lot split or by merging the parcel with the parcel where the restaurant is located to create a new commercial development.
The Marsella family has offered $5,000 for the purchase of the City-owned parcel. The property was not appraised, but the Marsella family did submit information to staff regarding comparable land sales in San Bernardino County.
The Surplus Land Act regulates the sale and transfer of publicly owned property. Under the Surplus Land Act, City-owned land must first be designated “surplus land” or “exempt surplus land” before it can be sold or exchanged. “Surplus land” is defined as land owned by a local agency unnecessary for the agency’s use and declared surplus by the agency’s governing body through a formal action in a regular public meeting. The surplus declaration must occur in open session.
There are numerous exceptions which qualify property for sale to instead be listed as “exempt surplus land” and not subject to the Surplus Land Act. These exceptions include:
Land that is not contiguous to land owned by a state or local agency used for open-space or lowand moderate-income housing purposes, and meets one of these standards:
o Less than 5,000 square feet;
o Less than the minimum legal residential building lot size for the jurisdiction, or 5,000 square feet, whichever is less; or
o Has no record access and is less than 10,000 square feet.
The proposed land sale of 1701 E. Main Street qualifies for this exemption as it less than 5,000 square feet.
Joint Special Council/BFPD
11/7/22 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 5169
COUNCIL AGENDA ITEM
If the City Council adopts a resolution declaring the land at 1701 E. Main Street exempt surplus land, then it must submit the resolution to the Department of Housing and Community Development. If the City receives no comment from the Department of Housing and Community Development within 30 days, it may sell the property to the Marsella family.
FISCAL IMPACT:
The City is expected to receive $5,000 from the sale of the property located at 1701 E. Main Street. The Marsella family will also pay all closing costs.
RECOMMENDED ACTION:
The City Council adopt Resolution No. ____-2022 declaring the parcel at 1701 E. Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act.
Exhibit A - Resolution No. ____-2022
Exhibit B - Quit Claim Deed
Exhibit C - Renderings Submitted by the Marsella Family Exhibit D - Site Photos
Exhibit E - Transfer Agreement for 1701 E. Main St.