Resolution 2023-### Page 1
RESOLUTION 2023-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO DECLARING CITY-OWNED PROPERTY LOCATED ON VALE ROAD WITH APN 417 -190-023-8 TO BE EXEMPT SURPLUS PROPERTY UNDER THE CALIFORNIA SURPLUS LAND ACT;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE
AGREEMENT TO SELL THE PROPERTY TO THE LYTTON RANCHERIA OF CALIFORNIA FOR THE APPRAISED VALUE OF $3,050,000.
WHEREAS, the City of San Pablo (City) owns a 2.5-acre property with APN 417- 190-023-8 (Property);
WHEREAS, the Property is located in the middle of the parking lot of the Lytton Rancheria of California’s Casino (Lytton Casino) and is accessed through two access easements from Vale Road;
WHEREAS, the Property is zoned Commercial Mixed Use and allows for a variety of different uses;
WHEREAS, a portion of the Property is subject to a recorded 20 -year Parking Easement (Parking Easement) granted to Lytton Rancheria in 2014 and is currently being used by the Lytton Rancheria as parking and storage for the Lytton Casino;
WHEREAS, on September 25, 2023, the City received a Letter of Intent dated September 21, 2023 stating the Lytton Rancheria’s desire and intent to purchase the Property at the $3,050,000 appraised value set forth in a City-initiated MAI Appraisal dated August 9, 2023;
WHEREAS, with certain exceptions the Surplus Land Act (SLA), originally enacted in 1968 and modified in 2020 (AB1486), requires public agencies that want to sell or lease a property go through a structured sale disposition process that first requires exposing the property to a state published list of affordable housing developers and other interested parties with certain exceptions;
WHEREAS, under Government Code Section 54221(f)(1)(D) “[s]urplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use, or to a federally recognized California Indian tribe” Is exempt from the structured sale disposition process set forth in the SLA;
WHEREAS, the Lytton Rancheria is a federally recognized California Indian Tribe which makes the sale of the Property to the Lytton Rancheria exempt from the requirements under the SLA;
WHEREAS, due to its location, poor access and the existing Parking Easement, the Property has no viable use for the City and staf f is recommending the sale of the Property to Lytton Rancheria;
Resolution 2023-### Page 2
WHEREAS, the sale of the Property is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines; however, if development was proposed on the Property by the Lytton Rancheria, then that development would be reviewed under CEQA;
WHEREAS, prior to the disposition of the Property, the City of San Pablo Planning Commission must determine that the transfer is consistent with the City’s General Plan.
NOW, THEREFORE, the City Council of the City of San Pablo does hereby resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein.
Section 2. Declaration of Exempt Surplus Land. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is exempt surplus land as defined under Government Code Section 54221(f)(1)(D).
Section 3. Creation and Execution of Purchase and Sale Agreement. Subject to a final determination that sale of the property is consistent with the City’s General Plan, the City Council hereby authorizes the City Manager to execute a Purchase and Sale Agreement, in a form to be approved by the City Attorney, for the purchase of City-owned property with APN 417-190-023-8 by Lytton Rancheria of California for $3,050,000. * * * * *
ADOPTED this 2nd day of October, 2023, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST: APPROVED:
_______________________________ _________________________________ Dorothy Gantt, City Clerk Abel Pineda, Mayor