City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 5.E
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:
1. Adopt a Resolution declaring the seven City-owned parcels at Assessor Parcel Numbers (APNs) 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290- 011-909 (“Expo Lot”) as surplus lands to comply with the Surplus Land Act.
2. Adopt a finding of categorical exemption pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Summary
The California Surplus Land Act (Government Code 54220 et seq.) (the “SLA”) governs the disposition of local agency-owned properties. Under the SLA, local agency-owned properties must be declared “surplus” or “exempt surplus” by the legislative body of the local agency and supported by written findings. To ensure compliance with the SLA, Council is requested to adopt the attached resolution (Attachment C) declaring the seven City-owned parcels referenced below as surplus land:
• 4290-011-906 (Apple Building)
• 4290-011-903, 4290-011-904, 4290-011-905 (Parking Lot 29) • 4290-011-901, 4290-011-902, 4290-011-909 (Expo Lot)
Discussion
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Council authorized the designation of APN 4290-011-906 (Apple Building) as surplus land with the adoption of Resolution 11327 (Attachment A) at its meeting on March 23, 2021. Parcels 4290-011-903, 4290-011-904, 4290-011-905 (Parking Lot 29) and 4290- 011-901, 4290-011-909 (Expo Lot) were declared surplus with the adoption of Resolution 11470 (Attachment B) on October 11, 2022. Parcel 4290-011-902 was inadvertently omitted in Resolution 11470. The attached resolution corrects the omission of 4290-011-902 and consolidates the surplus declaration of all seven parcels in one resolution (Attachment C).
Environmental Review
The designation of this property as surplus land is categorically exempt from environmental review pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines as the action involves the first step in the sale of surplus government property that is not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4) of the State CEQA Guidelines.
Furthermore, the adoption of the resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No development is being authorized at this time. Adoption of the resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, as no development is authorized by this resolution and any future disposition will require separate environmental analysis if, and, when, the details of such disposition are known.
Past Council Actions
Meeting Date Description
3/23/2021
(Attachment A)
Adoption of Resolution 11327 for City-Owned Properties
Subject to the Surplus Lands Act (Apple Building)
10/11/2022
(Attachment B)
Adoption of Resolution 11470 for City-Owned Properties
Subject to the Surplus Lands Act (Parking Lot 29 and Expo Lot)
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Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary resulting from the recommended actions. An analysis of the specific financial impacts for each property will be presented when staff returns with interim or long-term disposition proposals for Council consideration.
Prepared By: Nia Tang, Senior Development Analyst
Approved Forwarded to Council
Attachments:
A. Attachment A - Resolution No. 11327 (CCS)
B. Attachment B - Resolution No. 11470 (CCS)
C. Attachment C - 2024.10.8 SLA Resolution
D. Adoption of Resolution Declaring Surplus Properties 3.23.2021 Staff Report E. Adoption of Resolution Declaring Surplus Properties 10.11. 2022 Staff Report