RESOLUTION NO. 21-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE,
CALIFORNIA RECLASSIFYING CITY OWNED REAL PROPERTY AS
SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT
WHEREAS, the Surplus Land Act (“SLA”) codified under 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;
WHEREAS, on October 9, 2019, Assembly Bill (“AB”) 1486 was signed into law, which significantly amended the SLA effective January 1, 2020. These amendments included, among other things, changing the long-standing definitions of “surplus land” and “exempt surplus land,” providing that property shall be declared either surplus or exempt surplus land before a local agency may take any action to dispose of the property, and adding new limitations providing that an “agency’s use” shall not include commercial or industrial uses or activities and other non-governmental retail, entertainment, or office development, or use of the property for investment or revenue generation;
WHEREAS, between 2016 and 2019 the City of Commerce acquired property along Washington Boulevard, Eastern Avenue, Sheila Street and Jillson Street. The properties consist of:
• 5733 Sheila Street (APN 6334-006-039, and 5736 E. Washington Boulevard (APN 6334- 006-038). The Land is currently zoned for commercial use; and • 5476 and 5530 Jillson Street, consists of a generally rectangular-shaped, alley-served, corner site totaling approximately 34,225 SF located on the southwest corner of Jillson Street and Eastern Avenue. This property is currently improved as a parking lot with asphalt paving and fencing.
• 2500 S. Eastern Avenue and 5571 E. Washington Boulevard, consists of two generally rectangular-shaped corner sites bisected by an alley totaling roughly 76,469 SF. The northern portion of property is a corner-to-corner site located along Jillson Street, where it intersects with Daniel Avenue and Eastern Avenue. The southern portion of the site is a corner parcel situated at the northwest corner of Washington Boulevard and Daniel Avenue. This property is currently utilized as a parking lot with asphalt paving and fencing.
• 5600 Jillson Street, consists of a rectangular-shaped, alley-served, corner site totaling roughly 31,827 SF located on the southeast corner of Jillson Street and Daniel Avenue.
This property is currently as a parking lot with asphalt paving and fencing. • 5611 E. Washington Boulevard, consists of an average-quality, construction Class “C” industrial building totaling approximately 18,000 SF, including 6,420 SF (36%) of office area. This building was constructed in 1966, which also features a ±8,335 SF basement.
The building is located on a 25,452 SF rectangular-shaped, alley-served corner site; and WHEREAS, on June 2, 2020, City Council adopted a resolution declaring the abovementioned properties as Exempt Surplus Land. However, based on a review of the circumstances and the recent amendments to the California Surplus Lands Act (SLA), it is City Council Mtg: July 20, 2021
Reso #21-61
determined that the properties do not meet the requirements for “exempt” surplus land therefore should be reclassified as “surplus land” as defined under Government Code Section 54221; WHEREAS, pursuant to the amended SLA, the City shall send a written notice of availability of the above referenced properties to all of the entities identified in Government Code Section 54222 by electronic mail or by certified mail; WHEREAS, pursuant to Government Code Section 54227, if one of the entities/agencies desires to purchase or lease the properties after having received notice, it must indicate its interest to do so in writing to the City within 60 days of receiving the City’s notice and the City and the entity/agency responding may negotiate price and terms for disposition of the property; and
WHEREAS, in the event that no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the properties may be disposed of without further regard to the SLA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1: The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as its findings.
SECTION 2 For the purposes of compliance with the amended SLA, the above referenced properties are hereby declared surplus land as defined under the SLA. The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements set forth under the SLA to facilitate the possible disposition of the properties.
SECTION 3. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) on the basis that the declaration of surplus land contained herein does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by CEQA Guidelines Section 15378.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution shall be effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 20th day of July 2021. ________________________
Leonard Mendoza, Mayor
ATTEST:
_______________________
Lena Shumway, City Clerk