DATE:
October 18, 2022
TO:
Mayor and Council Members
Chair and Commissioners, Community Development Commission FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Victor Knight, Economic Development Manager
SUBJECT:
Adopt Resolution Declaring Property Owned by the Hesperia Community Development Commission as “Exempt Surplus Land”
RECOMMENDED ACTION
It is recommended that the City Council and Hesperia Community Development Commission adopt Resolution No. CDC 2022-02, declaring APN 0405-373-03 owned by the Hesperia Community Development Commission “Exempt Surplus Land” pursuant to government code 54221. This action is being performed in preparation for sale to the Hesperia Recreation and Park District at a later date.
BACKGROUND
Assembly Bill (AB) 1486 was approved by the legislature and signed by the Governor in 2019. AB 1486 made various amendments to Government Code Sections 54220 et seq., concerning the process for disposition of surplus land by cities and other local agencies. These laws went into effect on January 1, 2020.
The new law requires the City to annually report on surplus lands held by the City to facilitate development of affordable housing around the State. AB 1486 states land “not necessary for the agency’s use” be declared “surplus” or “exempt surplus” as supported by written findings before a local agency can take any action to dispose of it consistent with an agency’s policies or procedures.
Agency’s use is defined as land being used or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, including, but not limited to: utility sites, watershed property, conservation purposes, exhibition, or buffer sites. Agency’s use shall not include commercial or industrial uses or activities, including non-governmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.
Any land that is declared “surplus” must be noticed for sixty days to other public agencies and prospective affordable housing developers that have registered with the state before the local agency may take any action to dispose of said property. Any eligible entities have 60 days to notify the City in writing of its intent to purchase or lease the land, after the 60-day terms both parties have an additional 90 days to complete good faith negotiations. If terms are not agreed upon within this 90-day period, the property may be disposed of without further regard to the Surplus Lands Act.
Exemptions or reasons for declaring land “exempt surplus” include but are not limited to the following:
Local Agency to Agency Surplus Land Transfer. Local agency surplus land is transferred to another local, state, or federal agency for the transferee agency’s use.
ISSUES/ANALYSIS
In compliance with state law, staff recommends that the City Council declare the following Hesperia Community Development Commission parcel as Exempt Surplus Land:
APN
Street name
Acres
Zoning
Property use
SLA Exemption
0405-373-03
Maple Avenue
39.69 P-Park/Rec
Public Park
Local agency Transfer
FISCAL IMPACT
There is no fiscal impact related to the declaration of the property as exempt surplus. If the City disposes of land in violation of the Surplus Land Act (SLA) after receiving a Notice of Violation (NOV) and fails to correct the violation within 60 days, an administrative penalty of 30% of the final sale price of the land sold in violation of the SLA, or 50% for each subsequent violation shall be invoiced by the Housing and Community Development to the City.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
Resolution No. CDC 2022-02
Exhibit A – Exempt Surplus property detail Attachment 1 City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the City Council and Hesperia Community Development Commission Adopt Resolution Declaring Property Owned by the Hesperia Community Development Commission as “Exempt Surplus” October 18, 2022