RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, APPROVING A SALES AND DISPOSITION
AGREEMENT BETWEEN THE CITY OF SANTA MARIA AND BERT E.
FUGATE, TRUSTEE OF THE BURT E. FUGATE TRUST U/D/T
04/30/1998, LLC FOR SURPLUS LAND LOCATED ON THE
NORTHEAST CORNER OF
EAST COOK STREET AND SOUTH MCCLELLAND STREET
WHEREAS, the City of Santa Maria (property owner) and Bert E. Fugate, Trustee of the Burt E. Fugate Trust U/D/T 04/30/1998, wish to enter into a Sales and Disposition Agreement (SDA) pertaining to City-owned surplus land, associated with a 6-story mixed- use apartment development, consisting of 104 housing units and including approximately 2,100 square feet of ground-floor commercial floor area, to be located on approximately
0.44 acre of land at the northeast corner of East Cook Street and South McClelland Street (APNs: 125-320-018 and 019); and
WHEREAS, the City has adopted plans to establish a vision and develop regulations and guidelines to facilitate the redevelopment of the Downtown area (Downtown), including an update to the Downtown Specific Plan in 2015 and the adoption of the Downtown Streetscape Plan in 2019; and
WHEREAS, on October 18, 2022, through adoption of Resolution 2022-116, the City Council designated approximately 11,000 square feet of the City-owned parcel (APN 125-320-009) as surplus land, and subsequently completed Surplus Land Act requirements (Government Code Section 54221) , including statutory notifications and good-faith negotiations with interested parties; and
WHEREAS, City staff worked with Fugate on project and design expectations to meet the Downtown Specific Plan ’s vision of a pedestrian -oriented city center , and principles of enhancing downtown identity and economic viability; and WHEREAS, a duly noticed meeting was held on the SDA by the Santa Maria City Council on January 16, 2024; and
WHEREAS, the City Council heard and considered all evidence, including evidence presented in the staff report and all written and oral comments, and considered all written and oral comments; and
WHEREAS, the City Council finds the following:
The SDA is consistent with the goals, objectives, policies, general land uses , and programs specified in the City’s General Plan.
The SDA is compatible with the uses authorized in and the regulations prescribed in the 2015 Downtown Specific Plan.
The SDA is in conformity with public convenience, general welfare , and good land use practice.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That the City Council hereby approves the Sales and Disposition Agreement, substantially in the form incorporated herein by reference and attached as Attachment B to the January 16, 2024 Council Agenda Report, subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof.
2. That the City Manager and/or his designee is hereby authorized and directed to perform all acts required by the City in the administration of the Sales and Disposition Agreement pursuant to the terms of the Sales and Disposition Agreement. The City Manager, or designee, is further authorized and directed to perform all other acts, enter into all other agreements and execute all other documents necessary or convenient to carry out the purposes of this Resolution and the Sales and Disposition Agreement.
3. The Chief D eputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
CONTENTS:
BY:
DEPARTMENT DIRECTOR
BY:
CITY MANAGER