Agenda Item No: K.1
AGENDA REPORT
DATE: September 2, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-173 CD Exempt Surplus Land Cherry Hills Court
Declaring Certain Real Property Owned by the City of Fairfield Exempt Surplus Land
Funding Source: N/A
Contact: David Zellers, (707) 428-7436
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
Adoption of a Resolution declaring that certain real properties owned by the City of Fairfield (City) as exempt surplus land, as applicable, is required pursuant to Government Code Section 54221 before the City may take action to dispose of the properties consistent with the City’s policies or procedures.
DISCUSSION
The City is the owner in fee simple of certain real property (the “Property”) identified and described in Attachment 3 (Exempt Surplus Land List) and Attachment 4 (Exempt Surplus Real Property Aerial Map and Property Profile). Under the Surplus Land Act, Government Code Section 54220 et seq. (the “Act”), land that is not necessary for the City’s use shall be declared either surplus land or exempt surplus land. The disposition of surplus land an d exempt surplus land is governed by the Act.
The Property identified in Attachments 3 and 4 are not currently being used by the City and City staff has evaluated the Property for its potential to be used for City work or operations, including City facilities. Staff have determined that the Property described in Attachment s 3 and 4 is not necessary for the City’s use. The Act provides that land not necessary for the City’s use shall be declared either surplus land or exempt surplus land. Sections 54221( f)(1) of the Act defines exempt surplus land as land that meets one of the conditions described in such section.
Staff recommend that the City Council declare that the Property identified in Attachments 3 and 4 are exempt surplus land and not necessary for the City’s use. The basis for this recommendation is as follows:
Under Government code sections 54221(b), Surplus Land is that which is owned in fee simple by any local agency for which the local agency’s gover ning body takes formal action in a regular public meeting to declare the land is surplus and not necessary for the government’s use. Staff has evaluated the Property and determined that it is not necessary for City work or operations, including City facili ties. The location of the Property and the surrounding wetlands limit its expansion possibilities.
The City desires to sell the Property to the Solano County Special Education Local Plan Area (“Solano County SELPA”), a local government agency, for Solano County SELPA’s use. Under Government Code section 54221(f)(1)(D) surplus land that is transferred to another local, state or federal agency for the receiving agency’s use is exempt surplus land.
If the council declares the Property exempt surplus land, the determination must be provided to the California Department of Housing and Community Development for its review at least 30 days prior to disposition.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, approval can be postponed until the questions are addressed.
The council may also decide not to approve the declaration of exempt surplus land.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Jennifer Rice, Economic Development Specialist
(707) 428-7727
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Real Property Exempt Surplus Land List
Attachment 4: Property Profile