City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01403 11/14/2023 Consent Item 7.
Declaration of Exempt Surplus Land - Various Locations
File ID: 2023-01403
Location: Adjacent to 1633 Garden Highway, 2201 Natomas Park Drive, and northeast corner of Garden Highway at Natomas Park Drive (no address), District 3, Represented by Councilmember Talamantes; Adjacent to 1425 Stoddard Street, District 5, Represented by Councilmember Maple.
Recommendation: Adopt a Resolution declaring the City-owned properties located adjacent to 1633 Garden Highway; 2201 Natomas Park Drive; northeast corner of Garden Highway at Natomas Park Drive (no address); and adjacent to 1425 Stoddard Street to be “exempt surplus land” not necessary for the City’s use, in accordance with the California Surplus Land Act.
Contact: Richard Sanders, Facilities & Real Property Superintendent, (916) 808-7034, [email protected]; James Christensen, Facilities Manager, (916) 808-5863 [email protected], Department of Public Works Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: Pursuant to the California Surplus Land Act (California Government Code § 54220 et seq.), the City Council must declare property as either “surplus land” or “exempt surplus land” before the City can dispose of it. “Exempt surplus land” is real property owned in fee simple that is not necessary for the City’s use and that falls within one of the exemptions specified in the Surplus Land Act. If the City Council declares property as “exempt surplus land” the City may sell the property without conducting the Notice of Availability process.
One of the exemptions specified in Government Code section 54221(f)(1)(B) of the Surplus Land Act is for property that is not suitable for housing. City staff has identified a City parcel that is not necessary for the City’s use and falls within this exemption because it is less than 5,000 square feet in area and has no access to a public road. City staff is proposing to offer this parcel for sale to the
File ID: 2023-01403 11/14/2023 Consent Item 7.
owner of contiguous land. The identified parcel is the following:
1. APN 035-0064-011 - adjacent to 1425 Stoddard Street
Another exemption specified in Government Code section 54221(f)(1)(D) of the Surplus Land Act is for property that is to be transferred to another government agency for that agency’s use. The Sacramento Area Flood Control Agency (SAFCA) contacted the City to acquire two small City owned properties for the Sacramento East Levee project. Reclamation District 1000 (RD1000) contacted the City to acquire a parcel which they currently operate as North Natomas Plant 1B Pumping Facility. City staff is proposing to sell these parcels to SAFCA and RD1000. The identified parcels are the following:
1. APN 274-0042-006 and APN 274-0060-015 - 2201 Natomas Park Drive and northeast corner of Garden Highway at Natomas Park Drive; sell to SAFCA for the Sacramento East Levee project.
2. APN 274-0680-014 - adjacent to 1633 Garden Highway; sell to RD1000 for the North Natomas Plant 1B Pumping Facility.
Each of the above-mentioned properties are not suitable for independent development, including housing, because of the small size of the properties or presence of flood control facilities.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the Surplus Land Act.
Economic Impacts: Not applicable.
Environmental Considerations: California Environmental Quality Act (CEQA): The City Council declaration that a parcel is exempt surplus land is in compliance with a statutory requirement and is not part of a project that has been identified, designed or funded. No physical change in the environment would occur. The action is an administrative action that would not result in direct or indirect physical changes in the environment and is not a project as defined in CEQA. (CEQA Guidelines sections 15378(b)(4), 15060(c)(3)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The Surplus Land Act requires the City Council to declare property which meets certain requirements as “exempt surplus land” supported by written findings before the City can dispose of the property. Adoption of the Resolution by the City Council will allow for possible sale of the subject properties to owners of contiguous property in accordance with the requirements of the Surplus Land Act.
File ID: 2023-01403 11/14/2023 Consent Item 7.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council on November ___, 2023
Declaring that City-owned Property is Exempt Surplus Land
BACKGROUND
A. The City of Sacramento owns the following real property: (1) the real property adjacent to 1425 Stoddard Street in Sacramento, California, which is more specifically identified by Assessor’s Parcel Number (“APN”): 035-0064-011; (2) 2201 Natomas Park Drive and the northeast corner of Garden Highway at Natomas Park Drive in Sacramento, California, which are more specifically identified by APN: 274- 0042-006 and 274-0060-015, respectively; and (3) the real property adjacent to 1633 Garden Highway in Sacramento, California, which is more specifically identified by APN: 274-0680-014 (collectively “Properties)”.
B. The Surplus Land Act (California Government Code sections 54220 through 54234) is generally intended to make a local agency’s surplus land (i.e., land not needed for the local agency’s use) available for potential acquisition by affordable housing sponsors or other local public entities.
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C. Government Code section 54221(b)(1) requires the City Council to take formal action at a regular public meeting to declare the Properties surplus land or exempt surplus land, as supported by written findings, before the City may take any action to dispose of the Properties. The written findings supporting an exempt surplus land declaration must be provided to the California Department of Housing and Community Development (HCD) for review at least 30 days before the City’s disposition of the land pursuant to Section 400(e) of the HCD's Surplus Land Act Guidelines.
D. Government Code section 54221(f)(1)(B) provides an exemption for property that is not suitable for housing. City staff has identified the real property adjacent to 1425 Stoddard Street in Sacramento, California (APN 035-0064-011) as not necessary for the City’s use. This property falls within this exemption because it is less than 5,000 square feet in area and does not have access to a public road.
E. Government Code section 54221(f)(1)(D) provides an exemption for property that is to be transferred to another government agency for that agency’s use. The Sacramento Area Flood Control Agency (“SAFCA”) and Reclamation District 1000 (“RD1000”) are such agencies, as defined in California Government Code section 54221(a)(l).
F. Pursuant to Government Code section 54221(b)(1) of the Surplus Land Act, the City Council must take formal action in a regular public meeting declaring that the Properties are “exempt surplus land” and not necessary for the City’s use prior to sale of the land. If for any reason the City does not convey the Properties as resolved, the City Council does not intend this declaration to have any force or effect.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares that the following City-owned property is not necessary for the City’s use and is “exempt surplus land” in accordance with Government Code section 54221(f)(1)(B) because the property is less than 5,000 square feet in area, does not have access to a public road, and the City intends to offer the property for sale to the owner of contiguous land:
Property adjacent to 1425 Stoddard Street in Sacramento California which is more specifically identified by Assessor’s Parcel Number: 035-0064- 011.
Section 2. The City Council hereby declares that the following City-owned properties are not necessary for the City’s use and are “exempt surplus land” in accordance with Government Code section 54221(f)(1)(D) because the properties will be acquired by SAFCA for the Sacramento East Levee project:
1. 2201 Natomas Park Drive in Sacramento California which is more specifically identified by Assessor’s Parcel Number: 274-0042-006.
2. The northeast corner of Garden Highway at Natomas Park Drive Street in Sacramento California which is more specifically identified by Assessor’s Parcel Number: 274-0060-015
Section 3. The City Council hereby declares that the following City-owned properties are not necessary for the City’s use and are “exempt surplus land” in accordance with Government Code section 54221(f)(1)(D) of the California Surplus Land Act because the properties will be acquired by RD1000 for the North Natomas Plant 1B Pumping Facility:
The property adjacent to 1633 Garden Highway in Sacramento, California, which is more specifically identified by Assessor’s Parcel Number: 274-0680-014.
Section 4. The City Council authorizes the City Manager, or the City Manager’s designee, to complete the necessary steps and accompanying documents to transfer the Properties as hereby declared.
Section 5. Transfer of the Properties is in the best interest of the City under City Code section 3.88.090(A)(2).