RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE SALE OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST SANTA FE AVENUE AND SOUTH POMONA AVENUE, IDENTIFIED AS APN 033-030-18 AND COMMONLY KNOWN AS 212 EAST SANTA FE AVENUE AND DECLARING ITS INTENT TO SELL SUCH PROPERTY, DECLARING THE PROPERTY EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54234(a) WHEREAS, the City of Fullerton (“City”) currently owns in fee that certain real property owned by the City located at southwest corner of East Santa Fe Avenue and South Pomona Ave, identified as APN 033-030-18, commonly known as 212 East Santa Fe Avenue, Fullerton and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”).
WHEREAS, the City and Westpark LLC entered into an Exclusive Negotiation Agreement (“ENA”) related to the Property on December 4, 2018 and that ENA is still in effect.
WHEREAS, Assembly Bill 1486 (“AB 1486”) amended California Government Code Section 54220 et seq. (the “Surplus Land Act”) in 2019 and requires, among other things, that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to affordable housing developers, among others, and thereafter negotiate in good faith for ninety days with any parties who submit a notice of interest.
WHEREAS, the Surplus Land Act, as amended by AB 1486, does not apply to this Property because pursuant to section 54234(a)(1) of the Surplus Land Act, the Property was subject to a legally binding agreement between the parties, effective as prior to September 30, 2019, provided the transaction closes by December 31, 2022.
WHEREAS, The pre-amended Surplus Land Act does not consider the Property “surplus” because the City uses it for development of affordable housing and economic development, which falls under the category of “agency use” in the Surplus Land Act.
WHEREAS, the City proposes to sell the Property to Westpark Investments, LLC and TA Partners, LLC for the development.
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property.
WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites dedicated to public use, it may adopt a resolution of its finding and intention to sell such property.
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance and contain an accurate description of the property to convey.
WHEREAS, the City wishes to declare its intent to dispose of and convey the Property pursuant to the terms of the Disposition and Development Agreement (“DDA”), fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing and fix the time for final action on the disposition of the Property and the DDA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA RESOLVES AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein and made an operative part of this Resolution.
2. Surplus Land Act Determination. City Council hereby finds and determines that, consistent with Government Code Section 54234(a)(1), the Property has been the subject of a legally binding ENA since December 4, 2018 and therefore, the City is not required to comply with the provisions of the Surplus Land Act as amended by AB 1486.
3. Findings. City Council hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited, to the following: implementation of this Agreement will further the goals and objectives of the City’s general plan by: (i) strengthening the City’s land use and social structure and (ii) alleviating economic and physical blight on the Property and in the surrounding community.
4. Declaration of Intent to Sell; Fixing of Hearing. City Council hereby declares its intent to sell the Property pursuant to the DDA and fixes December 6, 2022, at 5:30 p.m. in the Fullerton City Council Chamber, 303 West Commonwealth Avenue, Fullerton, CA as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the DDA and as the final action date.
5. Publication and Posting. In compliance with California Government Code Section 37423, City Council hereby directs City staff to publish this resolution at least once in a daily newspaper prior to December 6, 2022, and to post this Resolution for not less than ten days in at least three conspicuous places upon the Property prior to December 6, 2022.
6. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity and the provisions of this Resolution are severable.
7. Effective Date. This Resolution shall become effective immediately upon adoption.
ADOPTED BY THE FULLERTON CITY COUNCIL ON NOVEMBER 15, 2022.
Fred Jung,
Mayor
ATTEST:
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Lucinda Williams, MMC
City Clerk
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Date