Specifically, the amendment includes the following key terms:
Term of Lease: October 1, 2024, through September 30, 2025 Rent: The annual rent shall be Six Hundred Thousand Dollars ($600,000). Lease payments shall be paid on a monthly basis, divided equally over the twelve (12 months).
Seventy-Five Thousand Dollars ($75,000) of the annual rent will be held by the Tenant and used for capital improvements. Following the end of the year, the Tenant shall submit an accounting to the City showing the use of the Seventy-Five Thousand Dollars ($75,000) withheld by the Tenant. Any amount not used capital improvements shall be paid to the City.
Maintenance and Capital Improvements: Tenant shall be solely responsible for all ongoing repairs and maintenance expenses.
Mandated Capital Improvements: The Tenant agrees to fund all Improvements to the Property which are required by Major League Baseball (“MLB”), Minor League Baseball (“MiLB”), Major League Baseball Players Association (“MLBPA”), Minor League Baseball Players Association (“MiLBPA”), or any other entity with authority or control over the condition and specifications of stadiums used for minor league baseball. Proximity Clause: The Tenant agrees that they, their Parent Organization, or any other affiliates associated with the Tenant will not engage any other city or entity within Stanislaus County to negotiate the development or redevelopment of a baseball or multipurpose sports facility during the term of the Lease and through December 2026.
The Tenant agrees to and acknowledges that a breach of this provision will result in a penalty of fifty percent (50%) of the base rent equal to Three Hundred Thousand Dollars ($300,000).
Long Term Lease Negotiations: The Parties agree that if a new long-term lease agreement for the Property is not finalized by April 1, 2025, unless otherwise agreed in writing, negotiations will end, and the Tenant shall vacate the Property by October 1, 2025.
The Parties are still finalizing all the details of the amendment. The proposed resolution, if adopted, will authorize the City Manager to finalize the lease amendment, subject to the negotiated terms identified above.
FISCAL IMPACT:
If approved, the annual rent shall be Six Hundred Thousand Dollars ($600,000). Seventy-Five Thousand Dollars ($75,000) of the annual rent will be held by the Tenant and used for capital improvements. Following the end of the year, the Tenant shall submit an accounting to the City showing the use of the Seventy-Five Thousand Dollars ($75,000) withheld by the Tenant. Any amount not used capital improvements shall be paid to the City.
The revenue received from the tenant fully covers the City’s General Fund cost associated with operating the stadium.
COMMITTEE RECOMMENDATION:
Due to the urgent nature of the action needed this item was taken directly to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025, and #17..
- 851 -
City Council, August 27, 2024
First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC for John Thurman Field
authorizing the City Manager, or his designee, to finalize the language of the amendment pursuant to the negotiated terms and execute the Agreement.
Approved by:
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
#17..
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02/27/2024/CED/SRando/Item 5 1 2024-052
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A FIRST AMENDMENT TO THE LEASE
AGREEMENT WITH THE BASEBALL CLUB OF MODESTO, LLC TO LEASE THE JOHN THURMAN FIELD FACILITY THROUGH SEPTEMBER 30, 2025,
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
FINALIZE THE LANGUAGE OF THE AMENDMENT PURSUANT TO THE
NEGOTIATED TERMS AND EXECUTE THE AGREEMENT
WHEREAS, the City is the owner of the property, stadium, and parking facilities that comprise John Thurman Field; and
WHEREAS, on February 27, 2024, by Resolution No. 2024-052, the Council approved an agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field Facility through September 30, 2024. This Agreement gave the Parties additional time to enter negotiations for a long-term lease; and WHEREAS, during this period, the Parties were unable to reach agreement on a long-term lease; and
WHEREAS, on July 10, 2024, the Parties announced publicly that a mutual agreement on a long-term lease extension could not be reached; and WHEREAS, since then, there have been additional conversations and the City and The Baseball Club of Modesto, LLC have reached a tentative draft lease amendment for a one-year term extension; and
WHEREAS, this Amendment will allow the Parties to continue negotiations for a long-term lease; and
WHEREAS, the Amendment includes the following key terms:
Term: October 1, 2024, through September 30, 2025.
Rent: The annual rent shall be Six Hundred Thousand Dollars ($600,000). Lease payments shall be paid on a monthly basis, divided equally over the twelve (12 months). Seventy-Five Thousand Dollars ($75,000) of the annual rent will be #17..
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02/27/2024/CED/SRando/Item 5 2 2024-052
held by the Tenant and used for capital improvements. Following the end of the year, the Tenant shall submit an accounting to the City showing the use of the Seventy-Five Thousand Dollars ($75,000) withheld by the Tenant. Any amount not used for capital improvements shall be paid to the City. Maintenance and Capital Improvements: The Tenant shall be solely responsible for all ongoing repairs and maintenance expenses.
Mandated Capital Improvements: The Tenant agrees to fund all Improvements to the property which are required by Major League Baseball (“MLB”), Minor League Baseball (“MiLB”), Major League Baseball Players Association (“MLBPA”), Minor League Baseball Players Association (“MiLBPA”), or any other entity with authority or control over the condition and specifications of stadiums used for minor league baseball.
Proximity Clause: The Tenant agrees that they, their Parent Organization, or any other affiliates associated with the Tenant will not engage any other city or entity within Stanislaus County to negotiate the development or redevelopment of a baseball or multipurpose sports facility during the term of the Lease and through December 2026. The Tenant agrees to and acknowledges that a breach of this provision will result in a penalty of fifty percent (50%) of the base rent equal to Three Hundred Thousand Dollars ($300,000).
Long-Term Lease Negotiations: The Parties agree that if a new long-term lease agreement for the property is not finalized by April 1, 2025, unless otherwise agreed in writing, negotiations will end, and the Tenant shall vacate the Property by October 1, 2025.
WHEREAS, the City and The Baseball Club of Modesto, LLC are still finalizing all of the details of the Lease Amendment, and the City Council desires to authorize the City Manager to finalize those details, subject to the negotiated terms described above.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to finalize the language of the First Amendment to the Lease Agreement #17..
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02/27/2024/CED/SRando/Item 5 3 2024-052
pursuant to the negotiated terms and execute the Agreement, in a form approved by the City Attorney, subject to the terms contained in this Resolution.
The foregoing Resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember _________________, was upon roll call carried and the Resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#17..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
August 27, 2024
Date: August 16, 2024
TO: Mayor and City Council
City of Modesto Redevelopment Successor Agency Board
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Declaration of Land Owned by City and Successor Agency as Surplus Property CONTACT: Scotty Douglass, Deputy City Manager,
[email protected], 209-577-9149
DESCRIPTION:
Consider declaring certain properties owned by the City and Successor Agency as “surplus land” and authorizing the City Manager and the Executive Director of the Successor Agency to take all actions required to facilitate the sale or lease of such properties through the Surplus Land Act process. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Invest in Beautification Efforts by increasing pride in Modesto’s diverse neighborhoods and business districts and investing in community assets and amenities.
BACKGROUND:
The City of Modesto has inventoried the real property assets owned by the City and the City of Modesto Redevelopment Successor Agency (“Successor Agency”). To further this effort, the City wishes to declare certain properties as “surplus land,” to continue the process of evaluating surplus and/or underutilized properties in its portfolio, and to commence the process for the conveyance of those properties.
DISCUSSION:
The Surplus Land Act (Government Code sections 54220-54234; “SLA”) requires local agencies that wish to sell or lease land that is not necessary for the agency’s use (“surplus land”) to first offer the surplus land for sale or lease to affordable housing developers and certain other entities through a process described therein before selling or leasing the land or engaging in negotiations to dispose of the land. The process provides for a period for interested parties to submit proposals for acquisition of the surplus land, and a subsequent period for negotiation of a conveyance agreement for the surplus land.
#18..
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City Council, August 27, 2024
Declaration of Land Owned by City and Successor Agency as Surplus Property
However, the standard process of the SLA is not required for the sale or lease of land if the properties are “exempt surplus land” as defined in Government Code section 54221, provided the local agency declares the properties exempt surplus land and the local agency provides notice to the California Department of Housing and Community Development (“HCD”). The definition of “exempt surplus land” includes properties that are less than one-half acre in area,1 land that a local agency exchanges for another property necessary for the agency’s use,2 land transferred to another local, state, or federal agency (for that agency’s use),3 land that is subject to recorded covenants (not imposed by the agency) that would make housing a prohibited use,4 land that will be developed for affordable housing,5 or land that will be developed with mixed uses, including affordable housing, after a competitive selection process,6 as well as other exemptions specified in the SLA. If the land has been declared as exempt surplus, the agency need not comply with the following procedural requirements; however, the agency must notify and send documentation supporting the exempt surplus property declaration to HCD prior to disposition.
Prior to selling or leasing any surplus land or even entering into negotiations for the sale/lease of surplus land with a prospective transferee, a local agency must first offer the property for sale or lease to a long list of “housing sponsors” for affordable housing development by issuing a notice of availability (NOA). The term “housing sponsor” generally means an affordable or market rate housing developer who has registered with HCD. In addition to sending a NOA to housing sponsors for surplus land, a local agency must also send a NOA to the county, local housing authorities and other local public agencies for housing development, to any park or recreation department or regional park authority with jurisdiction over the area, to school districts (if the land is suitable for school facilities), and to the State Resources Agency (SRA), for purposes of park, recreation, or school facility development. 1 “Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes” is exempt per Government Code Section 54221(f)(1)(B).
2 Government Code Section 54221(f)(1)(C).
3 Government Code Section 54221(f)(1)(D).
4 “Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site” is exempt per Government Code Section 54221(f)(1)(J).
5 Government Code Section 54221(f)(1)(A) exempts land conveyed by a city or county for development of housing with at least 40% of the housing units affordable to very low and lower income households earning up to 50% and 60% of area median income. Also, Government Code Section 54221(f)(1)(F) exempts land conveyed for housing projects that restrict 100% of the residential units to persons and families of low or moderate income, with at least 75% of the residential units restricted at affordable rents or affordable housing costs to lower income households, and the maximum affordable sales price or rent level is at least 20% below the median market rents or sales prices for the neighborhood in which the site is located.
6 Government Code Section 54221(f)(1)(G), (H) and (I) exempt surplus land that is subject to a local agency’s open, competitive solicitation or that is put to open, competitive bid by a local agency. Section 54221(f)(1)(G) applies to mixed use developments between 1 – 10 acres, and requires the construction of at least 300 housing units, with at least 25% affordable to lower income households. Section 54221(f)(1)(H) applies to mixed use developments of 10 or more acres, and requires the construction of at least 10 housing units per acre (not less than 300 housing units), with at least 25% affordable to lower income households. Section 54221(f)(1)(I) applies to mixed use developments in non-urbanized areas, and requires at least half of the square footage of development on the site to be housing, with at least 25% affordable to lower income households. #18..
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City Council, August 27, 2024
Declaration of Land Owned by City and Successor Agency as Surplus Property
Any entity responding to the NOA (i.e., a housing sponsor, local public entity, park or recreational department, school district or SRA; a “Responding Entity”) must notify the local agency of its interest in purchasing or leasing the land within 60 days following receipt of the NOA. The local agency must engage in good faith negotiations with one or more Responding Entities for at least 90 days, and if the price and terms cannot be agreed upon between the local agency and a Responding Entity within the 90-day negotiating period, the agency may then go forward to sell or lease the surplus land to a third party. However, the local agency will still have to provide HCD a description of the NOA sent and negotiations conducted with any Responding Entity.
In negotiations with any housing sponsor or other Responding Entity, the local agency must negotiate in good faith and cannot include deal terms that would reduce or disallow residential use of the site, even if it is not zoned for residential use (i.e., the housing sponsor or other Responding Entity must be able to pursue entitlements of the site for residential use). However, the SLA does not subvert a local agency’s land use discretionary authority; ultimately, the local agency may deny a zone change or entitlement request in its discretion in accordance with applicable law. In addition, the local agency is not required to sell or lease the land for less than its fair market value.
The housing sponsor or other Responding Entity need not propose a development of the surplus land for 100% affordable units; the SLA requires that, at a minimum, they simply will agree to make available at least 25% of the total number of units developed on the property at an affordable housing cost or affordable rent. If no housing sponsors respond to the NOA or if negotiations terminate and the land is later sold or leased to a market rate developer who builds more than 10 residential units, the SLA requires that 15% of the housing units must be sold or rented at an affordable cost or affordable rent to lower income individuals.
The first step in the conveyance of these properties would be the declaration of the properties as surplus land by the City Council or Successor Agency Board, as applicable. The next step would be the determination of which of the properties would need to go through the standard NOA process of the SLA, and which may be eligible for exemptions from the SLA. Staff has inventoried all real property currently owned by the City and Successor Agency and has identified properties which potentially could be declared surplus, as shown in the table below.
Some of these properties may be eligible to be declared exempt surplus land, and others would not be eligible for exemptions. Non-exempt surplus land would need to go through the NOA process prior to conveyance of that land. Many of these properties are small parcels that could qualify for the SLA exemption for properties smaller than one-half acre. Some of the properties are larger and may qualify for other SLA exemptions, such as the exemption for land that will be developed with mixed uses (including affordable housing) after a competitive selection or bidding process, or the exemption for conveyance to another local public agency, as those exemptions are described above. Exempt surplus land could be conveyed through different processes as specified or permitted by the SLA. Staff will need to evaluate each surplus property individually to determine eligibility for an exemption and to determine the appropriate process under the SLA for identifying a buyer or lessee and negotiating and entering into a conveyance agreement.
If the parties successfully negotiate the terms of a potential transaction through this process, the parties would then prepare and negotiate a contract for conveyance of the property. Upon successful negotiation of a draft contract for the conveyance of a surplus property, the contract #18..
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City Council, August 27, 2024
Declaration of Land Owned by City and Successor Agency as Surplus Property
would need to be submitted to the City Council or Successor Agency Board for consideration and approval. However, if no potential purchaser or lessee is identified through this process, or if a potential purchaser or lessee is identified but the parties are not successful in negotiating a transaction, the City or Successor Agency would either retain title to the surplus property and end its efforts to convey the property or continue efforts to convey the property outside of the SLA process. It is not likely that all the properties designated as surplus land would be successfully conveyed through this process.
The following is the list of properties currently owned by the City and Successor Agency which staff has determined may be declared as surplus land.
City of Modesto: List of Surplus Properties
Location Assessor
Parcel #
Current
Zoning
Approximate Size
1753 MORGAN RD* 086-014-010 M-2 27,773 sq. ft./ 0.64 acre ENCINA AVE** 033-036-001 R-1 14,620 sq. ft./ 0.34 acre
COLFAX & GLENDALE AVES** 033-033-046 R-1 13,060 sq. ft./ 0.30 acre MC GERRY ST** 065-012-047 R-1 10,932 sq. ft./ 0.25 acre WHITMORE AVE*** 086-014-007 M-2 10,021 sq. ft./ 0.23 acre 705 E WHITMORE AVE** 086-014-012 M-2 3,998 sq. ft./ 0.09 acre WHITMORE AVE** 086-014-006 M-2 10,000 sq. ft./ 0.23 acre FRAZINE RD** 133-001-026 C-3 10,000 sq. ft./ 0.23 acre
924 VIRGINIA AVE** 113-008-005 R-1 9,444 sq. ft./ 0.22 acre 132 OLIVERO RD** 086-010-033 NONE 9,310 sq. ft./ 0.21 acre 110 POPLAR AVE** 110-009-036 R-1 7,000 sq. ft./ 0.16 acre 1700 MC HENRY AVE** 120-033-002 MU-P 4,316 sq. ft./ 0.10 acre 1000 COFFEE RD** 032-011-002 R-1 3,007 sq. ft./ 0.07 acre TULLY RD** 059-001-006 R-1 2,998 sq. ft./ 0.07 acre
CARPENTER RD** 029-012-050 M-1 2,474 sq. ft./ 0.06 acre 435 COLLEGE AVE** 109-002-001 R-2 2,225 sq. ft./ 0.05 acre GRIMES AVE** 017-012-012 SP 1,875 sq. ft./ 0.04 acre
917 CAROLYN DR** 072-040-001 NONE 880 sq. ft./ 0.02 acre
GOLF COURSE PARKING LOT
321 NEECE DR
102-013-001 R-1 9,045 sq. ft./ 0.21 acre
GOLF COURSE PARKING LOT
NEECE DR
102-013-002 R-1 7,540 sq. ft./ 0.17 acre
GOLF COURSE PARKING LOT
NEECE DR
102-013-003 R-1 7,201 sq. ft./ 0.17 acre
MUNI/ JOHN THURMAN FIELD
601 NEECE DR
102-012-001 R-1 2,961,436 sq. ft./ 67.99
acre
JOHN THURMAN FIELD PARKING
511 S SUNSET BLVD
102-012-004 R-1 343,895 sq. ft./7.89 acre
HINTZE AVE**** 112-006-007 R-1 7,493 sq. ft./ 0.17 acre LA LOMA AVE**** 108-014-001 R-1 5,401 sq. ft./0.12 acre SCENIC DR**** 111-010-001 C-1 1,307 sq. ft./ 0.03 acre
308 LOCUST ST 101-004-049 R-1 6,981 sq. ft./ 0.16 acre
1701 CONNIE WAY 035-050-022 R-2 6,240 sq. ft./ 0.14 acre * Pump Station
#18..
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City Council, August 27, 2024
Declaration of Land Owned by City and Successor Agency as Surplus Property
** Well Site
*** Tank Site
**** Island Park
Redevelopment Successor Agency: List of Surplus Properties Location Assessor Parcel # Current Zoning Approximate Size
MODESTO CENTER
PLAZA 1125 11TH ST
105-048-011 CD 181,604 sq. ft./ 4.17
acre
FISCAL IMPACT:
There is no fiscal impact in adopting this Resolution. Any future conveyance or sale of a property would come back to the City Council or Successor Agency Board for approval at a later date.
COMMITTEE RECOMMENDATION:
This item was not presented to a committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution declaring specified City owned properties as surplus land, authorizing the City Manager to determine which properties may be declared exempt surplus land, and authorizing the City Manager to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.
RECOMMENDED SUCCESSOR AGENCY ACTION:
Staff Recommendations:
Resolution declaring specified Successor Agency owned properties as surplus land, authorizing the Executive Director of the Successor Agency to determine which properties may be declared exempt surplus land, and authorizing the Executive Director of the Successor Agency to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.
Approved by:
Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:
1. City Council Resolution
2. Successor Agency Resolution
#18..
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1 Meeting Date/Dept/Contact/Item # 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION DECLARING SPECIFIED CITY OWNED PROPERTIES AS
SURPLUS LAND, AUTHORIZING THE CITY MANAGER TO DETERMINE
WHICH PROPERTIES MAY BE DECLARED EXEMPT SURPLUS LAND, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE
CONVERYANCE OF SUCH PROPERTIES IN ACCORDANCE WITH THE
SURPLUS LAND ACT
WHEREAS, the Surplus Land Act (Government Code sections 54220-54234; “SLA”) requires local agencies that wish to sell or lease land that is not necessary for the agency’s use (“surplus land”) to first offer the surplus land for sale or lease through the issuance of a notice of availability to affordable housing developers and certain other entities, and then to engage in good faith negotiations with responding parties for a specified time, before selling or leasing the land or engaging in negotiations to dispose of the land; and
WHEREAS, there are specified exemptions under the SLA for the sale or lease of land which is designated “exempt surplus land” under the SLA, provided the local agency declares the properties exempt surplus land and the local agency provides notice to the California Department of Housing and Community Development (“HCD”); and WHEREAS, staff of the City of Modesto has inventoried the real property assets owned by the City and has compiled a list of such properties which are not necessary for the use of the City and may be declared surplus land, as set forth in Exhibit “A” attached to this Resolution; and
WHEREAS, the City Council desires to declare such properties as surplus land, and to authorize and direct the City Manager and his designees to take all actions #18..
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2 Meeting Date/Dept/Contact/Item # 2024-xxx
required to facilitate the sale or lease of such properties through the Surplus Land Act process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby declares all of the properties set forth on Exhibit “A” attached to this Resolution to be surplus land in accordance with the SLA.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to determine which of the surplus land properties may be declared exempt surplus land, and to make such properties available for sale or lease through such procedures as are required or permitted pursuant to the SLA.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to negotiate proposed agreements for sale or lease of such properties with selected persons and entities in accordance with the SLA, and to submit draft agreements for conveyance of such properties to the City Council for its approval.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 27th day of August 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
#18..
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3 Meeting Date/Dept/Contact/Item # 2024-xxx
APPROVED AS TO FORM:
BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#18..
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4 Meeting Date/Dept/Contact/Item # 2024-xxx
EXHIBIT “A”
LIST OF SURPLUS LAND
City of Modesto: List of Surplus Properties
Location Assessor
Parcel #
Current
Zoning
Approximate Size
1753 MORGAN RD* 086-014-010 M-2 27,773 sq. ft./ 0.64 acre ENCINA AVE** 033-036-001 R-1 14,620 sq. ft./ 0.34 acre
COLFAX & GLENDALE AVES** 033-033-046 R-1 13,060 sq. ft./ 0.30 acre MC GERRY ST** 065-012-047 R-1 10,932 sq. ft./ 0.25 acre WHITMORE AVE*** 086-014-007 M-2 10,021 sq. ft./ 0.23 acre 705 E WHITMORE AVE** 086-014-012 M-2 3,998 sq. ft./ 0.09 acre WHITMORE AVE** 086-014-006 M-2 10,000 sq. ft./ 0.23 acre FRAZINE RD** 133-001-026 C-3 10,000 sq. ft./ 0.23 acre
924 VIRGINIA AVE** 113-008-005 R-1 9,444 sq. ft./ 0.22 acre 132 OLIVERO RD** 086-010-033 NONE 9,310 sq. ft./ 0.21 acre 110 POPLAR AVE** 110-009-036 R-1 7,000 sq. ft./ 0.16 acre 1700 MC HENRY AVE** 120-033-002 MU-P 4,316 sq. ft./ 0.10 acre 1000 COFFEE RD** 032-011-002 R-1 3,007 sq. ft./ 0.07 acre TULLY RD** 059-001-006 R-1 2,998 sq. ft./ 0.07 acre
CARPENTER RD** 029-012-050 M-1 2,474 sq. ft./ 0.06 acre 435 COLLEGE AVE** 109-002-001 R-2 2,225 sq. ft./ 0.05 acre GRIMES AVE** 017-012-012 SP 1,875 sq. ft./ 0.04 acre
917 CAROLYN DR** 072-040-001 NONE 880 sq. ft./ 0.02 acre
GOLF COURSE PARKING LOT
321 NEECE DR
102-013-001 R-1 9,045 sq. ft./ 0.21 acre
GOLF COURSE PARKING LOT
NEECE DR
102-013-002 R-1 7,540 sq. ft./ 0.17 acre
GOLF COURSE PARKING LOT
NEECE DR
102-013-003 R-1 7,201 sq. ft./ 0.17 acre
MUNI/ JOHN THURMAN FIELD
601 NEECE DR
102-012-001 R-1 2,961,436 sq. ft./ 67.99
acre
JOHN THURMAN FIELD
PARKING 511 S SUNSET BLVD
102-012-004 R-1 343,895 sq. ft./7.89
acre
HINTZE AVE**** 112-006-007 R-1 7,493 sq. ft./ 0.17 acre LA LOMA AVE**** 108-014-001 R-1 5,401 sq. ft./0.12 acre SCENIC DR**** 111-010-001 C-1 1,307 sq. ft./ 0.03 acre
308 LOCUST ST 101-004-049 R-1 6,981 sq. ft./ 0.16 acre
1701 CONNIE WAY 035-050-022 R-2 6,240 sq. ft./ 0.14 acre * Pump Station
** Well Site
*** Tank Site
**** Island Park
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1 Meeting Date/Dept/Contact/Item # 2024-xxx
CITY OF MODESTO REDEVELOPMENT SUCCESSOR AGENCY
RESOLUTION NO. 001-2024
RESOLUTION DECLARING SPECIFIED SUCCESSORY AGENCY OWNED
PROPERTIES AS SURPLUS LAND, AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE SUCCESSOR AGENCY TO DETERMINE WHICH
PROPERTIES MAY BE DECLARED EXEMPT SURPLUS LAND, AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SUCCESSORY
AGENCY TO NEGOTIATE FOR THE CONVERYANCE OF SUCH
PROPERTIES IN ACCORDANCE WITH THE SURPLUS LAND ACT
WHEREAS, the Surplus Land Act (Government Code sections 54220-54234; “SLA”) requires local agencies that wish to sell or lease land that is not necessary for the agency’s use (“surplus land”) to first offer the surplus land for sale or lease through the issuance of a notice of availability to affordable housing developers and certain other entities, and then to engage in good faith negotiations with responding parties for a specified time, before selling or leasing the land or engaging in negotiations to dispose of the land; and
WHEREAS, there are specified exemptions under the SLA for the sale or lease of land which is designated “exempt surplus land” under the SLA, provided the local agency declares the properties exempt surplus land and the local agency provides notice to the California Department of Housing and Community Development (“HCD”); and WHEREAS, staff of the City of Modesto Redevelopment Successor Agency (“Successor Agency”) has inventoried the real property assets owned by the Successor Agency and has compiled a list of such properties which are not necessary for the use of the Successor Agency and may be declared surplus land, as set forth in Exhibit “A” attached to this Resolution; and
WHEREAS, the Successor Agency desires to declare such properties as surplus land, and to authorize and direct the Executive Director of the Successor Agency and his #18..
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2 Meeting Date/Dept/Contact/Item # 2024-xxx
designees to take all actions required to facilitate the sale or lease of such properties through the Surplus Land Act process.
NOW, THEREFORE, BE IT RESOLVED by the City of Modesto
Redevelopment Successor Agency that it hereby declares all of the properties set forth on Exhibit “A” attached to this Resolution to be surplus land in accordance with the SLA.
BE IT FURTHER RESOLVED, that the Executive Director of the Successor Agency or his designee is hereby authorized to determine which of the surplus land properties may be declared exempt surplus land and to make such properties available for sale or lease through such procedures as are required or permitted pursuant to the SLA.
BE IT FURTHER RESOLVED, that the Executive Director of the Successor Agency or his designee is hereby authorized to negotiate for the conveyance of such properties in accordance with the SLA, to negotiate proposed agreements for sale or lease of such properties with selected persons and entities in accordance with the SLA, and to submit draft agreements for conveyance of such properties to the Successor Agency for its approval.
The foregoing resolution was introduced in a regular meeting of the Board of Directors of the City of Modesto Redevelopment Successor Agency held on the 27th day of August 2024, by Board Member ________, who moved its adoption, which motion being duly seconded by Board Member ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Board Members:
NOES: Board Members:
ABSENT: Board Members:
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ATTEST: _____________________________
DIANE NAYARES-PEREZ,
Successor Agency Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________________
JOSE M. SANCHEZ,
Successor Agency Legal Counsel
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EXHIBIT “A”
LIST OF SURPLUS LAND
Redevelopment Successor Agency: List of Surplus Properties Location Assessor Parcel # Current Zoning Approximate Size
MODESTO CENTER
PLAZA 1125 11TH ST
105-048-011 CD 181,604 sq. ft./
4.17 acre
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4/23/2024 5:00:00 PM
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, AUGUST 27, 2024 AT 4:15 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Marvin Cain v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ17374007 & ADJ17548128
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Five Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
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Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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