JOINT RESOLUTION NO. 2023-06
RESOLUTION NO. CDC 2023-01
RESOLUTION NO. HHA 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, THE COMMISSIONERS OF THE COMMUNITY DEVELOPMENT COMMISSION, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, DECLARING THREE PROPERTIES AS “SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTIONS 54220 ET SEQ.
WHEREAS, the Surplus Lands Act (“SLA”), effective January 1, 2020, requires that before a local agency takes any action to sell or lease its property, it must declare the property to be either “surplus land” or “exempt surplus land”; and WHEREAS, under the SLA, Government Code Sections 54220 et seq., surplus property is defined as land owned by any local agency no longer necessary for the agency's use; and WHEREAS, unless the land is exempt, the agency must give written notice of its availability to any local public entity, including schools and park districts, within whose jurisdiction the property is located, as well as housing sponsors that have notified the State Department of Housing and Community Development (HCD) of their interest in surplus property; and WHEREAS, the Community Development Commission (CDC) owns the following two (2) properties APNs: 0407-261-03 and 0407-261-04 located on the corner of 9th Avenue and Juniper Street; and WHEREAS, the Hesperia Housing Authority (HHA) owns the following property APN: 0407-261-20 located at 9776 9th Avenue; and WHEREAS, the City intends to follow the provisions of the SLA in the disposition of public lands; and WHEREAS, the process described in the SLA should take place prior to taking any further actions regarding the disposition of the surplus land; and WHEREAS, the declaration of surplus land does not obligate the City to dispose of the land and, depending on the response to the notices and other factors, the City could still decide not to move forward with disposition of specific properties.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA, COMMISSIONERS OF THE COMMUNITY DEVELOPMENT COMMISSION, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, AS FOLLOWS:
Section 1. That all of the facts set forth in this resolution are true and correct and are incorporated herein by reference.
Section 2. For purpose of compliance with the amended Surplus Land Act, the three (3) properties are hereby declared “surplus land” pursuant to Government Code Sections 54220 et seq. The City Manager and/or his designee, is directed to proceed with the notification and negotiation requirements of the amended Surplus Land Act to facilitate the possible disposition of the aforementioned property.
Section 3. The City Council/Commission/Board has independently reviewed the findings for the surplus properties owned by the Development Commission and Hesperia Housing Authority and hereby formally declares the three (3) properties as “surplus” pursuant to Government Code Sections 54220 et seq.
Section 4. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 7th day of February 2023.
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Brigit Bennington, Mayor/Chair
ATTEST:
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Melinda Sayre, City Clerk
Joint Resolution No. 2023-06, CDC No. 2023-01, and HHA No. 2023-01 Surplus Land February 7, 2023