RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THAT THE CITY-OWNED REAL
PROPERTY LOCATED AT THE CORNER OF BEYER WAY
AND MAIN STREET IN CHULA VISTA , CALIFORNIA,
CONSISTING OF A 0.26 ACRE PORTION OF ASSESSOR’S
PARCEL NUMBER 629-060-55, AS EXEMPT SURPLUS LAND.
WHEREAS, the City of Chula V ista (City) owns the real property located at the corner of Beyer Way and Main Street in Chula Vista, California, consisting of a 0.26 acre portion of Assessor's Parcel Number 629-060-55, and which is more specifically identified in the staff report and the agenda materials accompanying this Resolution (Property); and
WHEREAS, the Property was reviewed by the City and no City departments require retention of the Property for a City municipal use; and
WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54234) is generally intended to make a local agency's surplus land available for potential acquisition by affordable housing sponsors or other local public entities; and
WHEREAS, Government Code section 54221(b)(1) requires the Council to take formal action at a regular public meeting to declare the Property surplus land or exempt surplus land, as supported by written findings, before the City may take any action to dispose of the Property; and
WHEREAS, the written findings supporting an exempt surplus land declaration must be provided to the California Department of Housing and Community Development (HCD) for review at least thirty days before the City's disposition of the land pursuant to Section 400(e) of the HCD's Surplus Land Act Guidelines (SLA Guidelines); and
WHEREAS, the City seeks to exhange the Property for certain property of equivalent size and value, currently owned by the adjecent property owner a t 3151 Main Street, Chula Vista, California, to facilitate the expansion of the Animal Services Department, allowing for enhanced animal care and boarding, additional kennels, improved public access fo r adoptions and interactions, and facilitating community programs aimed at promoting responsible pet ownership; and
WHEREAS, if the City exchanges the Property with the a djacent property owner , the Property will be exempt surplus land pursuant to California Govenunent Code section 54221(f)(l)(B) because the Property 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; and
Resolution No. ________
WHEREAS, declaring the Property exempt surplus land, contingent upon the City's exchange of the Property, does not require that the City exchange the Property, nor does it require that such a Real Property Exchange Agreement contain any specific term or condition; and
WHEREAS, a declaration that the Property is exempt surplus land is contingent upon the City's exchange of the Property with the adjacent proprety owner pursuant to the Real Propert y Exchange Agreement, and if for any reason the City does not exchange the Property, the Council does not intend for this declaration to have any force or effect; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, that the Property is exempt surplus land pursuant to California Government Code section 54221(f)( 1)(B), based on the facts and fin dings set forth in this Resolution and contingent upon the Council's future discretion ary approval of a Real Property Exchange Agreement and the consummation of that exchange.
Presented by Approved as to Form by
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney