RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING APPROXIMATELY 7,200
SQUARE FEET OF UNDEVELOPED, VACANT PROPERTY AT
THE NORTHERN EDGE OF THE CITY -OWNED WEST
LANDFILL SITE AS VACANT LAND UNDER THE SURPLUS
LAND ACT (GOVERNMENT CODE 54220 ET. SEQ.)
WHEREAS, the City of Chula Vista owns a 54-acre site north of Maxwell Road and South of Olympic Parkway; and
WHEREAS, directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision; and
WHEREAS, to devel op the subdivision, Lennar Corporation desires to acquire an approximately 7,200 square foot piece of this property consisting of a 15-foot-wide strip measuring 480 feet in length at the northern edge of the 54-acre west landfill site; and
WHEREAS, Lennar Corporation has indicated a desire to potentially purchase, construct, and maintain a buttress on this property that would support the adjacent slope upon which the residential slope will be located; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq., applies when a local agency disposes of “surplus land,” as that term is defined in Government Code Section 54221; and
WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486, which significantly amended the Surplus Land Act effective January 1, 2020, which among other things: included changing the previous long -standing definitions of “surplus land” and “ exempt surplus land”; providing that property shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action dispose of it”; and
WHEREAS, the subject property would fall within the definition of “surplus land” pursuant to Government Code section 54221, as amended by AB 1486; and
WHEREAS, in order to pursue new potential uses for the subject property, including the disposition of the subject property through the sale or lease of the site; the City of Chula Vista must now comply with the Surplus Land Act, as amended by AB 1486; and
WHEREAS, pursuant to the amende d Surplus Land Act, City staff will send a written notice of availability of the subject site by electronic mail or by certified mail to all the entities identified in Government Code section 54222; and
WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the property after having received notice , it must indicate its interest to do so within 60 days of receiving the City’s notice; and the City and the entity/agency so responding to the notice may negotiate price and terms for the disposition of the property; and
WHEREAS, pursuant to Government Code section 54223, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the property may be disposed of without further regard to the Surplus Land Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that, for the purposes of compliance with the Surplus Land Act, the property consisting of approximately 7,200 square feet at the northern edge of the City -owned 54-acre west landfill site more particularly identified by the legal description provided as Exhibit A and plat provided as Exhibit B, which are attached hereto and incorporated herein, is declared surplus land.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it directs the City Manager or designee to facilitate the disposition of said property in accordance with the Surplus Land Act.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney