ADMINISTRATIVE STAFF REPORT 8.6
TO: Mayor and Town Council August 11, 2026
SUBJECT: Resolution No. 71-2026, finding and declaring that certain real property owned by the Town of Danville identified as APN 218-090-032 is exempt surplus land under the Surplus Lands Act
BACKGROUND
At the Town Council’ s study session of September 9, 2025, Town staff presented information regarding potential uses of a one-acre parcel of land owned by the Town off of Fostoria Way see map included as Attachment 2). As a refresher, the Town acquired the parcel in 1993 as part of a litigation settlement that also involved the Contra Costa Transportation Authority (CCTA) and the City of San Ramon, with the assumption that the adjoining Borel property would develop as a commercial site, with this parcel to be included. The parcel is landlocked and has a 20’ wide drainage easement running down the middle of the site on a north to south direction.
At the conclusion of the study session, the Town Council provided direction to staff to work with the East Bay Regional Park District and all other necessary entities to ultimately convey the parcel to the Park District for inclusion in the Borel Agricultural Park being developed by the District. Staff has worked with the District, the Museum of the San Ramon Valley, CCTA and the City of San Ramon on the necessary steps to prepare for the transfer of title.
DISCUSSION
Before any of these other issues can be resolved, the Town needs to address disposition of the property under the Surplus Lands Act (Government Code Section 54220- 54234). The law requires the Council to declare a property as surplus and then follow one of two paths.
Typically, a surplus property must be posted with HCD and offered to potential housing developers. However, the Act also provides a number of categories of properties which can be declared as exempt surplus, meaning they do not need to go through the process otherwise required by law.
The attached resolution identifies the exemption found in Government Code Section 54221( f)(1)(D) (transfer for use as a park or recreation site) as applicable. As required by the Act, the Town submitted the draft resolution to HCD for their review in June. HCD staff reviewed and suggested only a few minor edits. Once approved by the Town Council, the resolution will be submitted to HCD for formal review.
Exempt Surplus Land Finding 2 August 11, 2026
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution No. 71-2026, finding and declaring that certain real property owned by the Town of Danville identified as APN 218-090-032 is exempt surplus land under the Surplus Lands Act.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A- Resolution No. 71-2026
B- Vicinity Map
RESOLUTION NO. 71-2026
FINDING AND DECLARING THAT CERTAIN REAL PROPERTY OWNED BY THE TOWN OF DANVILLE IDENTIFIED AS APN 218-090-032 IS EXEMPT
SURPLUS LAND UNDER THE SURPLUS LANDS ACT
WHEREAS, the Town of Danville owns a parcel of land near the intersection of Fostoria Way and Interstate I-680, identified as APN 218-090-032 (the “ Fostoria Property”); and WHEREAS, the Town acquired the Fostoria Property in 1990 as part of the settlement of a lawsuit, with the property intended for consolidation with surrounding parcels; and WHEREAS, the Fostoria Property is approximately 1.109 acres in size and is surrounded by the following properties/ uses: Interstate I 680 to the west, Contra Costa County Flood Control to the north, East Bay Regional Park District property to the east and Fostoria Way, owned by the City of San Ramon to the south ( see Exhibit 1, attached and incorporated herein); and
WHEREAS, development or use of the Fostoria property is severely constrained by the following factors:
The property is landlocked. The only existing access to the site is from a dirt path off of Fostoria Way. That path is on property owned by the City of San Ramon and access is only granted by a revocable license from the City which by its own terms terminates upon transfer of the Fostoria Property by the Town to any other owner ( see Exhibit 2, paragraphs 5 and 6, an excerpt from a 1993 agreement granting the license, attached and incorporated herein); The property is bisected by a 20’ wide drainage easement running south to north granted to the Contra Costa County Flood Control district in 1980 and connecting to their drainage facility to the north of the Fostoria Parcel ( see Exhibits 3 and 4, illustrating the location of the Flood Control Easement); and WHEREAS, after reviewing the constraints on use of the property and development of surrounding parcels, the Town has determined that the Fostoria Property is surplus and not necessary for any Town use; and
WHEREAS, the East Bay Regional Park District ( the “ Park District”), a regional park district and local agency, is finalizing plans to develop the Borel Agricultural Park on their property bordering the eastern boundary of the Fostoria Property ( see https:// borelagpark. org/ for information regarding development of the park); and Docusign Envelope ID: F4F155A8- C717-8ACC- 8135-9052E0067E2C
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 71-2026
WHEREAS, the Town and the Park District have mutually agreed that it would be desirable to have the Town transfer title of the Fostoria Property to the Park District for inclusion in the Borel Agricultural Park, which represents an important open space and recreational opportunity for both the Town and the Park District; and WHEREAS, the Surplus Land Act (Government Code Section 54220- 54234), establishes mandatory procedures for local agencies such as the Town to dispose of land that is surplus or no longer needed by the local agency; and
WHEREAS, Government Code Section 54220( b) states that the State Legislature believes that “ there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land,…should be made available for park and recreation purposes or for open-space purposes; and
WHEREAS, Government Code Section 54221( f)(1)(D) defines “ surplus land that a local agency is transferring to another local…agency,… for future dedication for the receiving agency’ s use…” to be exempt surplus land; and
WHEREAS, consistent with the Updated Surplus Land Act Guidelines adopted by the California Department of Housing and Community Development (“ HCD”) in August 2024, the Town has submitted a draft of this resolution to HCD through the Surplus Lands Portal for review and comment by HCD before bringing the resolution to the Town Council for action; now therefore, be it
RESOLVED, that the Danville Town Council finds that the Town owned parcel identified as APN 218-090-032 meets the definition of exempt surplus land as provided in Government Code Section 54221(f)(1)(D) based on the following findings and authorizes Town staff to submit this resolution to HCD for approval:
1. The factual findings included in the recitals of this resolution are all true and accurate statements.
2. The Town intends to dispose of the property to the East Bay Regional Park District, which is a a local agency as defined in Government Code Section 54221( a)(1).
3. The transfer to the Park District will be dedicated for the Park District’ s use as the owner of parks, recreation and open spaces. Specifically, the property will be incorporated into the Borel Agricultural Park currently being developed by the Park District to preserve and highlight the former agricultural uses of the property within the San Ramon Valley.
Docusign Envelope ID: F4F155A8- C717-8ACC- 8135-9052E0067E2C PAGE 3 OF RESOLUTION NO. 71-2026
4. The property does not meet any of the criteria of Government Code Section 54221( f)(2), specifically it is not:
a. Within a coastal zone
b. Adjacent to a historical unit of the State Parks System c. Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. d. Within the Lake Tahoe region as defined in Government Code Section 66905.5.
APPROVED by the Danville Town Council at a regular meeting on August 11, 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: F4F155A8- C717-8ACC- 8135-9052E0067E2C Camino Ramon
HWY 680
Fosto
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Trumark Development EBRPD
DanvilleContra Costa Flood Control Town of
North
ATTACHMENT B