approved a plan to install trailblazing signs to identify locations of electric vehicle charging stations. As of 2022, there is no evidence of progress on that plan.
Finding 5: AB 1236 and AB 970 require all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations. Not all jurisdictions in Solano County have complied.
The City Engineer has prepared a response to the Report on behalf of the City of Vallejo for the City Council's approval. (See Exhibit B hereto.) If approved, the City Clerk will forward the response to the Presiding Judge of the Solano County Superior Court and an electronic copy to the Foreperson of the Grand Jury, as required by law.
FISCAL IMPACT
There is no fiscal impact resulting from or related to this action.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5) because it is an organizational and administrative activity that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS
1. RESOLUTION 2021-2022 Response to Grand Jury Report Electric Vehicle Infrastructure_CAO Stamp
2. Exhibit A_Grand Jury Report Entitled Electric Vehicle Infrastructure in Solano County
3. Exhibit B_Grand Jury Response 2021-2021 EVC Infrastructure in Solano County
CONTACT
Melissa Tigbao, Public Works Director (707) 648-4315
[email protected]
RESOLUTION NO. 22-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AND AUTHORIZING RESPONSE TO THE 2021-2022 GRAND JURY REPORT ENTITLED ELECTRIC
VEHICLE INFRASTRUCTURE IN SOLANO COUNTY
WHEREAS, pursuant to Penal Code section 933, a public agency that receives a Grand Jury Report addressing aspects of the public agency’s operations must comment on the report’s findings and recommendations contained in the report in writing within 90 days to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and WHEREAS, the City Council of the City of Vallejo has received and reviewed the 2021-2022 Solano County Civil Grand Jury Report released on June 3, 2022, entitled “Electric Vehicle Infrastructure in Solano County,” and prepared a response to the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Vallejo approves and authorizes the response to the 2021-2022 Solano County Grand Jury Report entitled “Electric Vehicle Infrastructure in Solano County,” a copy of which is attached hereto as Exhibit A and incorporated herein.
Section 2. The City Council of the City of Vallejo directs the City Clerk to forward the City Council’s Grand Jury Report response to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano County Grand Jury.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on July 26, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
2021-2022
ELECTRIC VEHICLE INFRASTRUCTURE IN
SOLANO COUNTY
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Electric Vehicle Infrastructure in Solano County
Solano County Civil Grand Jury 2021-2022
I. S
UMMARY
Emissions from vehicles powered by fossil fuels contribute to global warming. There are federal and state programs that require the adoption of zero-emission vehicles to address this issue.
Accordingly, the use of electric vehicles is increasing rapidly in Solano County. Sufficient infrastructure, primarily charging stations, will be needed to support this growth. The current number of public and shared private charging stations in Solano County is not sufficient to meet projected requirements. The Solano County Civil Grand Jury found that local jurisdictions need to act to provide infrastructure to support and streamline a transition to electric vehicles.
II. I
NTRODUCTION
The 2021-22 Solano County Civil Grand Jury investigated the availability of public and shared private charging stations in Solano County to determine if all measures are being taken to ensure that electric vehicle (EV) infrastructure will be available to support the growing number of plug- in electric vehicles in the County.
Greenhouse gases (GHG), mainly carbon dioxide, methane, and oxides of nitrogen, trap heat in the atmosphere and contribute to global warming. The transportation sector is one of the largest contributors to GHG and, in 2019, accounted for the largest portion of total GHG emissions in the United States. Within that sector passenger cars and light-duty trucks were the largest category.
One method to reduce GHG emissions is the use of zero-emission vehicles (ZEVs) instead of those using fossil fuels. ZEVs include battery electric vehicles, plug-in hybrid electric vehicles, and hydrogen fuel-cell vehicles. More than 98 percent of ZEVs are either battery electric vehicles or plug-in hybrid vehicles (EVs).
Most auto manufacturers offer some form of ZEVs in their product line-ups which are shown in Appendix A. The electric vehicle market share in California has increased over time and is currently greater than 12 percent of all new light-duty vehicle sales (Appendix B). With consumer acceptance growing, access to convenient charging infrastructure is becoming more of a concern to the public. When consumers look to buy a new or used car, they need confirmation that it will be able to take them where they want to go. In fact, one of the biggest barriers to EV adoption is the lack of confidence in America’s charging network.
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III. METHODOLOGY
Interviewed:
• Solano Transportation Authority personnel
• Vacaville City Officials
• PG&E personnel
• Electric Vehicles Charging Solutions staff
Reviewed Responses to Requests for Information from:
• Solano County
• Cities of Benicia, Vallejo, Fairfield, Vacaville, Suisun City, Rio Vista and Dixon. • Solano Transportation Authority
Reviewed:
• Federal Executive Order 14037;
Strengthening American Leadership in Clean Cars and
Trucks; August 5, 2021.
• Federal Infrastructure and Jobs Act, Subtitle D – Climate Change; November 15, 2021. • Bloomberg New Energy Finance; Electric Vehicle Outlook 2020; Colin McKerracher, Ali Izadi-Najafabadi, Aleksandra O’Donovan, Nick Albanese, Dr. Nikolas Soulopolous, David Doherty, Milo Boers, et al.
• California Executive Order B-16-2012; March 13, 2012. • California Executive Order B-62-18; January 4, 2019.
• California Executive Order N-79-20; September 23, 2020. • California Air Resources Board (CARB); Governor Newsom’s Zero-Emission by 2035 Executive Order (N-79-20); January 19, 2021.
• CARB; Revised Draft 2020 Mobile Source Strategy; 2021. • California Assembly Bill (AB) 2127 – Electric Vehicle Charging Infrastructure:
Assessment; September 13, 2018.
• California AB 1236 – Local Ordinances: Electric Vehicle Charging Stations; October 8, 2015.
• California AB 970 – Planning and Zoning: Electric Vehicle Charging Stations: Permit Application: Approval, October 8, 2021.
• Governor’s Office of Business and Economic Development (GO-Biz); Plug-in Electric Vehicle Charging Station Readiness.
• GO-Biz; ZEV Permitting Olympics..
• GO-Biz; Electric Vehicle Charging Station Permit Streamlining Fact Sheet • Veloz; Clearing the Path to Permitting (video); November 30, 2020. • Canary Media; EV Charger Installations in California are Bogged Down by Local Permitting; May 24, 2021.
• California Public Utilities Commission (PUC) Infrastructure. • CARB; California Greenhouse Gas Emissions for 2000 to 2019; July 28, 2021. • CPUC; Transportation Electrification.
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• National Renewable Energy Laboratory (NREL); Electric Vehicle Charging Infrastructure Trends from the Alternative Fueling Station Locator: First Quarter 2021; Brown, Abby, Alexis Schayowitz and Emily Klotz; September 2021. • U.S. Department of Energy; Alternative Fuels Data Center-California Laws and Incentives.
• U.S. Department of Energy; Alternative Fuels Data Center – Maps and Data. • U.S. Department of Energy; Alternative Fuels Data Center - Developing Infrastructure to Charge Plug-In Vehicles.
• U.S. Department of Energy; Alternative Fuels Data Center – All Laws and Incentives Sorted by Type.
• CEC; Electric Vehicle Charging Infrastructure Assessment. • CEC; Assembly Bill 2127; Electric Vehicle Charging Infrastructure Assessment; Analyzing Charging Needs to Support Zero-Emission Vehicles in 2030;Alexander, Matt, Noel Crisostomo, Wendell Krell, Jeffrey Lu, and Raja Ramesh; July 14, 2021. • CEC; Quantifying the Tangible Value of Public Electric Vehicle Charging Infrastructure; Greene, David L., Matteo Muratori, Eleftheria Kontou, Brennan Borlaug, Marc Melaina, and Aaron Brooker (National Renewable Energy Laboratory), 2020;Publication Number:
CEC-600-2020-004.
• Governor’s Office of Planning and Research; Zero-Emission Vehicles in California:
Community Readiness Guidebook; Toward 1.5 Million ZEVs on California Roadways by 2025; Fall 2013.
• International Council on Clean Transportation; Gordon Bauer, Chih-Wei Hsu, Mike Nicjolas and Nic Lutsey; Charging up America: Assessing the Growing Need for U.S.
Charging Infrastructure through 2030; July 2021.
• Solano Transportation Authority (STA); Solano Transportation Authority 2021 Legislative Platform..
• STA; Solano Electric Vehicle Transition Program; April, 2018. • STA; Solano Electric Vehicle Resources.
• Veloz; EV Market Report.
• Consumer Reports; Automakers are Adding EVs to their Lineups; March 7, 2022. • Electrek; Electric Vehicle (EV) Charging Standards and How They Differ; Scooter Doll October 22, 2021.
• CALeVIP; Electric Vehicle Charging 101.
• CALeVIP; Inland Counties Incentive Project; Solano County. • West Coast Green Highway; West Coast Electric Highway; November 16, 2021. • CEC; Report Shows California Needs 1.2 Million Electric Vehicle Chargers by 2030 ; June 9, 2021..
• CALeVIP; MCE Letter of Intent; February 12, 2020.
• California Department of Housing and Community Development; California Green Building Standards Code-CALGreen; January 1, 2020.
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IV. STATEMENT OF FACTS
At both federal and state levels, executive orders and legislation exist that require the use of zero emission vehicles (ZEVs):
- President Biden issued an Executive Order on August 5, 2021, setting a goal that 50 percent of all new passenger cars and light trucks sold in 2030 be ZEVs.
- The Infrastructure Investment and Jobs Act was signed into law on November 15, 2021 which includes $7.5 billion to build out a national network of EV chargers in the United States.
- California Governor Edmund G. Brown Jr. issued Executive Order B-48-18 in 2018 directing California to install 250,000 electric vehicle chargers, including 10,000 direct current (DC) fast chargers, to support 1.5 million ZEVs statewide by 2025.
- Governor Gavin Newsom issued Executive Order N-79-20 on January 19, 2021, which calls for:
All in-state sales of new passenger cars and trucks to be zero-emission by 2035. All drayage trucks (tractor-trailers and short beds) operating in the state to be zero-emission by 2035.
All medium- and heavy-duty vehicles operating in the state to be zero-emission by 2045, where feasible.
All off-road vehicles and equipment to be zero-emission by 2035, where feasible.
In 2018 Governor Brown also established a target of 5 million ZEVs statewide by 2030 to meet a statewide goal of reducing greenhouse gas emissions to 40% below the 1990 level by 2030.
Assembly Bill (AB) 2127 codified the 2030 ZEV target and tasked the California Energy Commission (CEC) with preparing biennial assessments of the charging infrastructure needed to meet these goals. Current analysis from the California Air Resources Board (CARB) estimates that 8 million light-duty ZEVs will be needed in 2030 to meet the new goal.
The first biennial Assembly Bill 2127 Electric Vehicle Charging Infrastructure Assessment (Assessment Report) was released in July 2021. The Assessment Report is focused exclusively on plug-in electric vehicles which include battery-electric vehicles and plug-in hybrid electric vehicles. The report identified the number of chargers currently installed and the number planned through state grants, approved utility investments, and settlement agreements. (Figure 1). To meet the 2025 goal of 250,000 public and shared chargers, the state will need about 57,000 more than are already installed or planned. To meet the 2030 goal of 1.2 million public and shared chargers, about 972,000 additional chargers will be required (Figure 1). Note that future biennial AB 2127 Assessment Reports will reassess charging infrastructure needs through 2035 and potentially project longer-term needs through 2045 as envisioned by Executive Order N-79-20.
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Figure 1: Installed and Projected Charger Counts Compared With Charger Needs for 1.5 Million Light-Duty ZEVs in 2025 and 8 Million Light-Duty ZEVs in 2030 * Based on allocated funding through 2025 as of February 2021 Source: CEC and National Renewable Energy Laboratory
Figure 2 illustrates the projected breakdown of charger type required and their respective counts.
Green bars indicate the charger need for 5 million ZEVs as called for in AB 2127, blue bars represent the additional charger need for 8 million ZEVs, and text labels at the rightmost end of each bar indicate the total charger need for 8 million ZEVs. These numbers do not include chargers located at single-family homes.
Figure 2: Projected 2030 Charger Counts to Support 5 Million and 8 Million Light- Duty Zero-Emission Vehicles
Source: CEC and National Renewable Energy Laboratory
A. Charger Types and Definitions
Chargers are manufactured appliances that safely deliver electricity to charge an EV. As summarized in Table 1, three categories are used to describe light-duty EV chargers: Level 1, Level 2, and DC fast charging. Level 1 and Level 2 chargers deliver alternating current (AC) electricity to the vehicle and use the Society of Automotive Engineering (SAE) J1772 standard connector. While all EVs can use the SAE J1772 connector, not all have a separate charging port
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compatible with DC fast charging. Three types of connectors are used for DC fast charging in the North American market: CHAdeMO, Combined Charging System (CCS), and Tesla. The charging inlet of an EV determines the type of DC fast charging connector the vehicle can use.
Table 1. Types of Chargers
Parameter Level 1 Level 2 DC Fast Charger
Voltage 120 Volts AC 208-240 Volts AC 200 – 1000 Volts DC Maximum power
output in kilowatts
(kW)
1.9 kW 19.2 kW 450 kW
Typical added range
per hour of charging
*
~4 miles at 1.44 kW ~23 miles at 7.2 kW ~90 miles in 30 minutes at 55 kW
~204 miles in 30
minutes at 150 kW
Range estimates based on a 110 MPG-equivalent vehicle
Charger connectors, which determine whether a vehicle can charge when it arrives at a charging station, remain fragmented across all EV sectors. Level 3, or DC fast charging connectors for passenger cars are split among the examples shown above, and lack of connector standardization is even more prevalent among medium- and heavy-duty vehicles. Encouraging greater standardization of charging connectors promotes greater driver convenience, helps alleviate range anxiety, and ensures that chargers installed today are not obsolete in the future.
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The following table presents definitions of terminology used in discussing EV charging equipment:
Table 2. Common Charging Terms Definitions
Charger A manufactured appliance that delivers electricity to charge a EV.
Connector A physical socket with a specified pin configuration. A charger may have one or multiple connectors.
Charging Station
A charging station is a physical address where one or more chargers are available for use. This is the same usage as for “gas station.” A charging station can be public, shared private, or private.
Public
A public charging station has parking space(s) designated by a property owner or lessee to be available to and accessible by the public for any period.
Shared Private
A shared private charging station has parking space(s) designated by a property owner or residents. Parking spaces are not dedicated to individual drivers or vehicles.
Private
A private charging station has parking space(s) that are privately owned and operated, often dedicated for a specific driver or vehicle (for example, a charger installed in the garage of a single-family home.
Source: California Energy Commission
B. California Status
Data compiled by the CEC show the number of EVs and the number of public and shared private chargers in California in the last two years:
- At the end of 2020 California had 628,473 battery or plug-in hybrid vehicles on the road. - In 2021, 247,074 battery or plug-in hybrid vehicles were sold in California. - In 2021, 79,023 public and shared private chargers were available to service these vehicles.
As noted previously, the modeling performed as part of the Assessment Report revealed a shortfall of 972,000 chargers that will be required to support the anticipated growth in electric vehicles in use by 2030, representing a 24 percent shortfall of Level 2 chargers and a 4 percent shortfall of DC fast chargers. Charging infrastructure deployment is lagging vehicle sales, and this gap may stymie progress toward 5 million and 8 million ZEVs by 2030.
The Assessment Report also noted that while most EV drivers today charge at single-family homes, shared and public charging infrastructure will be increasingly critical as EV adoption spreads beyond early adopters. Even with declining vehicle sticker prices, several recent reports emphasize that continued growth in the EV market will depend on driver confidence in charging infrastructure. Drivers who lack reliable charging at home or work will rely on public charging for their mobility needs. Shared and public charging can allow all Californians to enjoy the
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benefits of EVs. A 2020 National Renewable Energy Laboratory study found that public charging provided several thousand dollars’ worth of tangible value to EV-driving households.
The study found that public charging:
- Enables greater inter-regional battery EV travel with public DC fast chargers. - Provides fuel cost savings to plug-in EV hybrids by enabling drivers to substitute electric miles for what otherwise would have been gasoline miles. - Substantially decreases the perceived risk of limited range and long recharging time, thereby increasing the likelihood of purchase of a battery EV. - Increases the public visibility of electric vehicles and creates confidence in their viability and permanence.
As the state continues building infrastructure to support its growing EV population, policy makers and electric vehicle stakeholders must recognize that meeting the diverse electric mobility needs of Californians cannot be achieved through one-size-fits-all solutions.
Thoughtful charger deployment is a significant undertaking that demands careful attention to driver behavior, the local built environment, equity, resilience, grid capacity, technical standards, and scalability for an assortment of charging solutions.
Because of the state’s ambitious ZEV adoption, climate, and air quality goals, modeling results presented in the Assessment Report focus on the California Air Resources Board (CARB)’s Draft 2020 Mobile Source Strategy planning scenario as the priority for the state. CARB’s Draft 2020 Mobile Source Strategy illustrates the trajectory needed to achieve the Executive Order N- 79-20 target of 100 percent light-duty ZEV sales by 2035, as well as other key climate and air quality goals.
C. Solano County
The CEC data show that at the end of 2020, Solano County had 5,139 light duty ZEVs on the road, 99.8% of which were EVs. In 2021, the number of EVs increased by 2,074 to a total of 7,213 EVs. The total number of shared public and private chargers in Solano County at the end of 2020 was 471.
The Assessment Report modeling process resulted in projections of infrastructure needed to support nearly 8 million ZEVs by 2030, and is the trajectory needed to achieve the Executive Order N-79-20 target of 100 percent light-duty ZEV sales by 2035. The graph below shows, by year, the projected needs for chargers in Solano County for the years 2020 through 2035. As noted above, the number of public and shared private chargers in Solano County at the end of 2020 was 471. This is significantly fewer than the projected need of 1,648.
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Source: CEC and National Renewable Energy Laboratory
1. Solano Transportation Authority
The Solano Transportation Authority’s Board of Directors includes one county supervisor and the mayors of all seven cities in the county. In 2015, the Solano Transportation Authority (STA) received a grant from the California Energy Commission to prepare the Solano Electric Vehicle
(EV) Transition Program. The goal of the program was to identify and overcome barriers to the deployment of electric vehicles in Solano County. STA contracted with consulting firms, ICF in Sacramento and Fehr & Peers in Walnut Creek, to prepare the report which recommended several solutions to overcome barriers to the adoption and use of EVs. These included:
- public outreach and education,
- establishment of common “trailblazing” signage to point drivers to existing charging stations.
- a streamlined permit process for installing charging stations, 1648 2062 2559
3266
3949
5020
6250
7493
9094
10876
12612
14778
16760
18820
20738
22535
0 5000
10000
15000
20000
25000
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Number of Chargers
Year
Solano County Chargers Needed by Year
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The report also included analysis of potential future charging station locations throughout the county based on predicted vehicle numbers and on the existing charging station network at that time. It was designed to create guidance for the transition to EV usage tailored to Solano County, based on regional conditions. Many maps and charts of charging station locations (as of 2017) and recommended future locations were included as well as clarifications of a variety of steps that could be taken to improve the county’s EV readiness. On April 11, 2018, the STA Board adopted the Solano EV Program Final Report.
The 2018 Report is still available on the STA website (STA.ca.gov ), and although the link on the
STA website is titled “Solano EV Program Final Report” the report itself is labeled as Draft.
Interviews with STA staff conducted by the Civil Grand Jury confirmed that it is final. When viewed online, the reader can connect to information via web links to building codes and permitting departments. Some of the links in the Report are no longer valid.
a. Public Outreach and Education Activity
One stated goal of the STA EV Transition Program is to make it easier for those who want to own an electric vehicle to find resources and places to charge. The SolanoEV.org website was created as part of the EV Transition Program with the intention of being a primary resource related to electric vehicles for local governments, installers, site owners, and drivers.
This website was created in 2018, but is no longer accessible. STA does not have direct authority to enforce measures in the EV Transition Plrogram. The Civil Grand Jury found that not all cities are using this plan for its intended purpose.
b. Trailblazer Signage Activity
Another goal of the Report was to site potential locations for trailblazer signs. As part of their contract for the report, Fehr & Peers identified 76 potential locations in which to deploy trailblazer signs directing drivers to charging stations in each of Solano County’s seven cities.
They also provided to STA a document that detailed all sign and mounting specifications required for installation. The plan was to have some trailblazing signs installed before the end of May 2018. As of 2022, there is no evidence of progress on that goal.
c. Streamlining Permit Activity
Recognizing the important role of the permitting and inspection process in the expansion of charging infrastructure in the state, California legislators passed a law in 2015 requiring local governments to streamline the permitting process. AB 1236 required communities with populations greater than 200,000 to adopt ordinances that expedite the permitting process for EV charging stations by September 30, 2016. As the only jurisdiction in Solano County meeting this population minimum, the Solano County Board of Supervisors adopted an ordinance on September 13, 2016, adding section 26 to Chapter 6.3 - Building Standards and Codes of the Solano County Code to provide an expedited permitting process for electric vehicle charging stations. All other jurisdictions were required to adopt an ordinance by September 30, 2017. AB
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970 was adopted in 2021 and added specific binding timelines to review periods defined in AB 1236.
The required ordinance must include specific streamlining elements. Local governments must provide a permitting checklist; installation projects that meet all requirements on the checklist must be eligible for expedited review. In addition to developing streamlined procedures, permitting offices must provide the permitting materials on the government’s website and must allow for electronic submittal of the application materials online. There are a number of templates for the required ordinance and permitting checklist available online.
Not all Solano County jurisdictions have complied with AB 1236 requirements. A review of The Permitting Olympics webpage sponsored by the Governor’s Office of Business and Economic Development shows that only Solano County is completely streamlined. Although not listed on the webpage, Benicia is also fully streamlined. The City of Fairfield has adopted the required ordinance, and has indicated it is in the process of completing a checklist with publication anticipated by the end of May 2022. No other cities have met the requirements of AB 1236.
2. Grant Writing
STA has developed a partnership with a vendor, Electric Vehicle Charging Solutions, Inc. to provide turnkey installation of charging stations in the county. One area of expertise mentioned in the Civil Grand Jury’s interview with STA personnel which made this company appealing is its grant writing ability. There are a number of grant opportunities and incentives available from utility companies, Air Quality Management Districts, and other agencies. Successful grant writing can be time consuming, and city staff members do not always have sufficient time to undertake this facet of EV charger installations.
V. F
INDINGS AND RECOMMENDATIONS
F
INDING 1 – There will not be enough electric vehicle charging stations in Solano County to support the State’s goals for electric vehicles identified in Executive Order N-79-20.
R
ECOMMENDATION 1 – Solano Transportation Authority (STA) Board members commit to programs to increase the number of electric vehicle charging stations in their jurisdictions at a rate sufficient to meet Executive Order N-79-20.
F
INDING 2 – In 2018, the STA adopted an Electric Vehicle Transition Program (EVTP) and the website (solanoev.org) for Solano County The website is no longer working which is of no value; the EVTP is no longer current, minimizing its value and applicability.
R
ECOMMENDATION 2 – STA update the EVTP and its website (solanoev.org) to provide accurate and current information for Solano County residents.
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FINDING 3 – In the 2018 EVTP, the STA Board approved a plan to install trailblazing signs to identify locations of electric vehicle charging stations. As of 2022, there is no evidence of progress on that plan.
R
ECOMMENDATION 3 – STA Board work with jurisdictions and agencies to install signage denoting the location of existing charging stations and to include appropriate signage as a component of future installations.
F
INDING 4 – The 2018 STA EVTP was intended to serve as regional guidance for the transition to electric vehicles, but this guidance has not been effectively communicated.
R
ECOMMENDATION 4A – STA increase staff time available for implementation and oversight of the Electric Vehicle Transition Plan.
R
ECOMMENDATION 4B – STA add dedicated grant writing staff to bring this function in-house rather than relying on third-party vendors.
F
INDING 5 – AB 1236 and AB 970 require all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations. Not all jurisdictions in Solano County have complied.
R
ECOMMENDATION 5 – All Solano County jurisdictions comply with streamlined permitting requirements, including adoption of an ordinance and checklist as required by AB 1236 and AB 970.
R
EQUIRED RESPONSES
Solano County Board of Supervisors (Findings 1 and 3)
Cities (Findings 1,3, and 5):
Vacaville
Vallejo
Suisun City
Rio Vista
Dixon
Fairfield
Solano Transportation Authority Board (All Findings)
C
OURTESY COPIES
Pacific Gas & Electric Company
Electric Vehicle Charging Solutions, Inc.
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APPENDIX A
Automaker Electric Vehicle Plans
Automaker Current Models Planned Models Sales Goals
American Honda Civic, CRZ, Insight,
Accord, CR-V, Clarity
Prologue in early 2024 All sales to be zero-emissions EVs by 2040; 40% of sales by 2030.
BMW North
America, includes
Mini and Rolls
Royce
i4, iX, Vision, Mini
Cooper
EV in 5 Series / 7
Series, X1 SUV.
Rolls-Royce EV
rumors
Plans for about a dozen new EV to market by
2025
Ford Mustang Mach-E,
Escape, e-Transit,
Maverick, EcoSport
EV F-150 Lightning
pickup truck
Automaker has split operations between a
Model- e division and the internal
combustion division. They project that EVs
will be half of global sales volume by 2030.
Plans to electrify entire portfolio by 2030.
General Motors,
includes Buick,
Cadillac, Chevrolet,
and GMC
EV1, Chevy Volt,
Bolt, Bolt EUV,
GMC Hummer EV,
Cadillac Lyriq SUV,
Celestiq, Chevy Blazer
EV, Equinox EV,
Silverado EV, GMC
Sierra EV
Goal is 20 EV models available in the US by
2025 and an all-electric model lineup by
2035.
Hyundai, includes
Genesis
Kona, Ioniq, Ioniq
SUV, Genesis GV60
Plans to introduce 17
new models by 2030 -
11 for Hyundai and 6
for Genesis
Committed to be being carbon-neutral by
2045 including a hydrogen electrification
strategy.
Jaguar and Land
Rover
I-Pace Land Rover will have
first EV by 2024. 6
new EV Land Rovers
in 5 years and all -
electric Jaguar lineup
by 2025.
All models will have electric versions by
2030.
Kia Niro, Kia EV6, 14 electric models by
2027.
Mazda MX-30 SUV, CX-5
Mercedes-Benz SmartForTwo city car,
EQS 450+, EQS 580.
Plans 10 new EV
models in 2022.
All new vehicle platforms will have EV-only
starting in 2025: 3 platforms identified for
2025: MB.EAm, AMG-EA, and VAN.EA
Mitsubishi i-MiEV, Outlander Plans to expand electric lineup to make up 50% of global sales by 2030.
Nissan North
America, includes
Infiniti
Leaf EV Ariya SUV, Infiniti Plans to launch 23 electrified models by 2030; forecasts 40% of US Sales will be EVs
by then. Goal is to be carbon neutral by 2050.
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Stellantis, includes
Alfa Romeo,
Chrysler, Dodge,
Fiat, Jeep, Maserati
and RAM trucks
Jeep 4xe, Fiat 500e,
Peugeot e-2008
All brands committed
to offering fully
electrified models.
Ram plans for a full-
size EV truck by 2024.
Aims for all-electric lineup by 2028.
Subaru of America Crosstrek Solterra SUV Will have some form of electrification on all models by 2025.
Tesla Roadster, Model S,
Model X SUV, Model
3, Model Y
Tesla Cybertruck, a
Semi Tractor-trailer
truck, new generation
Roadster
Working on long-range (500+ miles) and tow
capacity in new models.
Toyota, includes
Lexus
Prius, Mirai, Tundra i-
Force, Venza, RAV4,
Highlander, Corolla,
Camry, Avalon,
Sienna,
Toyota bZ4X SUV (bZ
is a new brand name
"beyond zero") with 6
more bZ models
planned by 2025.
Plans to build 3.5 million battery-only EVs
per year by 2030. Plans for Lexus to be
100% electric by 2030. Toyota will continue
to develop battery-only hybrids as well as
electric hybrids.
Volkswagon,
includes Audi,
Bentley, Bugatti,
Lamborghini, and
Porsche
VW ID.4, ID.BUZZ
van, Aufi E-Tron, E-
Tron GT, Porsche
Taycan EV.
All Bentleys will be
plug-ins by 2026.
Will launch 70 pure electric vehicles and 60
hybrids by 2030.
Volvo X40 Recharge, C40
Recharge
Polestar Plans to build only pure electric vehicles by
2030.
Source: Consumerreports.org, March 7, 2022
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APPENDIX B
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BIBLIOGRAPHY
• Green Car Reports; Infrastructure Bill: $7.5 billion Toward Nationwide Network of 500,000 EV Chargers; Bengt Halvorson; November 7, 2021
• CNBC; Biden Pushes for Electric Vehicles to Make up Half of U. S. Auto Sales by 2030; Michael Wayland; August 5, 2021
• NBC News; Biden Plan Seeks to Jump Start Rollout of Electric Vehicle Charging Stations; Josh Lederman and Sally Bronson; December 13, 2021 • Wired; Biden Wants More EVs on the Road: What About Charging Stations?; Aarian Marshall; August 10, 2021
• Reuters; Biden Infrastructure Plan Takes on EV Charging’s Inequality Problem; September 1, 2021
• Utility Dive; Kavya Balaraman; California Approves Expedited Pathway for Near-Term Utility EV Investments; July 16, 2021
• US News and World Report; Ten Questions to Ask Before You Buy an Electric Car; Steve Loveday; September 5, 2020
• Autotrader; Buying an Electric Vehicle: 7 Tips for First-Time Buyers, March 11, 2021 • The Wall Street Journal; How Much Do Electric Vehicles Cost to ‘Fill Up’ Compared With Buying Gasoline?; Jennifer Hiller and Andrew Mollica; November 11, 2021 • CNBC; CNBC Road Test: The U.S. EV Charging Network Isn’t Ready For Your Family Road Trip, Let Alone the Expected Wave of New Cars; Brian Sullivan and Harriet Taylor; August 24, 2021
• New York Times; Biden’s Electric Car Plans Hing on Having Enough Chargers; Niraj Chokshi, Matthew Goldstein and Erin Woo; September 7, 2021 • Slate; Where the Heck Are We Going to Charge all of the Electric Cars?; Henry Grabar; October 28, 2021
• The New York Times; America Isn’t Ready for the Electric Vehicle Revolution; November 10, 2021
• Fast Company; This Map of Electric Vehicle Chargers Shows How Climate Change is an Infrastructure Problem; Paul N. Edwards; August 23, 2021 • E&E News; Major U.S. Utilities Plan Coast-to-Coast EV Charging Network; Peter Behr; December 7, 2021
• ABC News; More EVs are Coming. Where’s the Infrastructure to Support Them?; Morgan Korn; December 5, 2021
• Evadoption; Charging Stations by State; September 31, 2021 • GO-Biz; Permitting Electric Vehicle Charging Stations Scorecard • GO-Biz; GO-Biz Permitting Workshop Presentation; August 30, 2019 • California Governor’s Office of Business and Economic Development; Electric Vehicle Charging Station Permitting Guidebook; July 2019
• Office of Governor Gavin Newsom; Governor Newsom Announces California Will Phase Out Gasoline-Powered Cars & Drastically Reduce Demand for Fossil Fuel in California’s Fight Against Climate Change; September 23, 2020 • CARB; California Clean Fuel Reward
- 18 -
• Journal of Science Policy & Governance, Vol. 18, Issue 1, March 2021; Christopher T.
Jackson;
Expanding Access to Electric Vehicles in California’s Low-Income Communities
• CPUC; Transportation Electrification Framework; February 3, 2020 • California Energy Commission (CEC); California Announces $17.5 Million for Public Electric Vehicle Charging in 13 Rural Counties; May 17, 2021 • PG&E Currents; Installing Nearly 5,000 Electric Vehicle Charging Ports, PG&E Drives More Clean Transportation Access Across Northern and Central California; October 13, 2021
• PG&E Currents; Accelerating Toward a Clean Transportation Future; October 28, 2021 • Pacific Gas & Electric Company (PG&E); Clean Transportation; • PG&E; Electric Vehicles
• PG&E; Take Charge - A Guidebook to Fleet Electrification and Infrastructure • The Detroit Bureau; Sales of Electric Vehicles Gain Market Share in California; August 9, 2021
• GreenMatters; These Car Companies are Going All Electric; March 31, 2021 • GetGreenNow; Do All Electric Cars Use the Same ‘Universal’ Plugs and Chargers?, December 30, 2019
• Forbes Wheels; What are the Different Levels of Electric Vehicle Charging?; Tom Moloughney; October 4, 2021
August 1, 2022
Honorable Judge Wendy Getty
Presiding Judge of the Superior Court
Solano County Superior Court
600 Union Avenue
Fairfield, CA 94533
Sent Via Email: [email protected]
RE: 2021-2022 Grand Jury Report Entitled: Electric Vehicle Infrastructure in Solano County
Dear Judge Getty:
This letter contains the City of Vallejo’s response to the Solano County Grand Jury Report of June 3, 2022, regarding Vallejo’s electric vehicle infrastructure.
Finding 1: There will not be enough electric vehicle charging stations in Solano County to support the State’s goals for electric vehicle charging stations in their jurisdictions at a rate sufficient to meet Executive Order N-79-20.
Response: Agree. Continued efforts will be needed both publicly and privately to expand electric vehicle charging infrastructure at a rate sufficient to meet the Governor’s executive order. The City of Vallejo currently requires at least three percent of parking facilities containing twenty or more spaces serving new multi- unit residential, mixed-use, commercial, and hotels and motels, to be electric vehicle charging stations. The City is further in the process of finalizing agreements with Electric Vehicle Charging Solutions, Inc. and Pacific Gas & Electric Company to install electric vehicle charging stations in public parking lots and other public areas across the City.
Recommendation 1: Solano Transportation Authority (STA) Board members commit to programs to increase the number of electric vehicle charging stations in their jurisdictions at a rate sufficient to meet Executive Order N-79-20.
Response: Agree. The City of Vallejo encourages any opportunities for developing additional public charging on publicly accessible private properties (i.e., large retailers, grocery stores, pharmacies, restaurants, etc.) and is committed to programs to increase the number of electric vehicle charging stations with the City.
Finding 3: In the 2018 EVTP, the STA Board approved a plan to install trailblazing signs to identify locations of electric vehicle charging stations. As of 2022, there is no evidence of progress on that plan.
Response: Agree.
Recommendation 3: STA Board work with jurisdictions and agencies to install signage denoting the location of existing charging stations and to include appropriate signage as a component of future installations.
Response: The City of Vallejo is committed to working with STA on a signage program and participating in the placement of such signs at future installations.
Generally, all publicly available charging stations are indicated on a website or application where smart phone users can search for nearby locations. Recent model electric vehicles already have this capability built into their systems. Vallejo has experienced those grants associated with installing electric vehicle charging stations require the grantee to register the new charging stations onto these websites.
Finding 5: AB 1236 and AB 970 require all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations.
Not all jurisdictions have complied.
Response: Agree.
Recommendation 5: All Solano County jurisdictions comply with streamlined permitting requirements, including adoption of an ordinance and checklist as required by AB 1236 and AB 970.
Response: The City of Vallejo is in the process of developing an ordinance for compliance with AB 1236 and AB 970. The document is in draft form, and staff anticipates Council adoption in the Fall or early winter of 2022. After adoption, staff will create the necessary checklist. Presently there is no discretionary process for EV Charging Stations and their applications are processed as a request for a building permit, which is very streamlined.
Please let us know if you have any questions or require further information.
Sincerely,
Robert H. McConnell
Mayor
ACTION ITEM 9.A.
DATE: July 26, 2022
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE ARCHITECTURAL
HERITAGE & LANDMARKS COMMISSION, CODE ENFORCEMENT APPEALS BOARD,
ECONOMIC VITALITY COMMISSION, PARTICIPATORY BUDGETING STEERING
COMMITTEE (PBSC) AND THE SISTER CITY COMMISSION
RECOMMENDATION
Adopt a resolution making the following appointments:
1. An appointment to the Architectural Heritage & Landmarks Commission - 1 vacancy
2. An appointment to the Code Enforcement Appeals Board - 1 vacancy
3. Appointments to the Economic Vitality Commission - 4 vacancies
4. Appointments to the PBSC - 5 member and 3 alternate vacancies
5. Appointments to the Sister City Commission - 3 vacancies
REASONS FOR RECOMMENDATION
A number of vacancies and term expirations on City Commissions exist. Interviews were conducted at Special City Council meetings held June 23 and July 7, 2022. All applicants attended and participated in the interviews. According to the City Council's procedure for selecting commissioners, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which was July 12 .
Appointments were delayed to the July 27 regular Council meeting given the number of items that were before the City Council at its July 12 meeting.
BACKGROUND AND DISCUSSION
On May 13, 2022, a press release was issued to advise the public concerning a number of vacancies on City boards and commissions and for seats held by members whose terms expired on June 30, 2022. The notice was posted on the City's various social media platforms. The application filing period closed on June 3 and while the City Clerk's Office was successful in receiving applications for some of the vacancies for City Commissions, a number will remain vacant. Staff has reopened the application filing period for 5 City Commissions, the Solano County Library Advisory Council and the SolTrans Public Advisory Committee until a sufficient number have been received.
Applicant interviews were conducted by the Council on June 23 and July 7, 2022. All applicants attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Applicants who participated in the interviews are presented to the City Council for consideration.
Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.
Date: July 26, 2022
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE ARCHITECTURAL
HERITAGE & LANDMARKS COMMISSION, CODE ENFORCEMENT APPEALS
BOARD, ECONOMIC VITALITY COMMISSION, PARTICIPATORY BUDGETING
STEERING COMMITTEE (PBSC) AND THE SISTER CITY COMMISSION
Architectural Heritage & Landmarks Commission
Chapter 2.48 of the Vallejo Municipal Code provides for an AHLC to consist of seven members who shall be residents of the City. To be eligible for appointment to the commission, an individual must have a demonstrated talent or interest in aesthetics, architectural design, and cultural heritage, either through background, experience, training, education, or occupation.
Presently there is one vacancy with a term expiring on December 31, 2025. Two applications were received and both applicants attended and participated in the interviews with the City Council either on June 23 or July
7. Both applicants are presented to the City Council for its consideration. If the City Council chooses to appoint an applicant to fill the vacancy, it is recommended that the term commence from the date of appointment and expire on December 31, 2025.
Code Enforcement Appeals Board
Chapter 2.49 of the Vallejo Municipal Code provides for a CEAB to consist of seven members who shall be residents of the City.
Presently there is one vacancy with a term expiring on December 31, 2025. One application was received and the applicant attended and participated in the interviews with the City Council on July 7. The applicant is presented to the City Council for its consideration. If the City Council chooses to appoint the applicant to fill the vacancy, it is recommended that the term commence from the date of appointment and expire on December 31, 2025.
Economic Vitality Commission
Chapter 2.36 of the Vallejo Municipal Code currently provides for an EVC to consist of seven members who shall be either residents of the City or an employee or owner of a business with a Vallejo business license.
Presently there are four vacancies, with a term expiring on June 30, 2023 and three terms expiring on June 30, 2026. Three applications were received. All three applicants attended and participated in the interviews with the City Council either on June 23 or July 7. The three applicants are presented to the City Council for its consideration. If the City Council chooses to appoint the applicants to fill the vacancies, one appointment shall be made for a term to commence from date of appointment and expire on June 30, 2023 and three appointments shall be made for a term to commence from date of appointment and expire on June 30, 2026.
Sister City Commission
Chapter 2.38 of the Vallejo Municipal Code currently provides for a Sister City Commission to consist of seven members who shall be residents of the City.
Presently there are three vacancies. Five applications were received for Council consideration and four applicants attended and participated in the interviews with the City Council on July 7. Four applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, three appointments shall be made for terms to commence from date of appointment and expire on June 30, 2026.
Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two, 12-month cycles of Vallejo's PB process.
Date: July 26, 2022
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE ARCHITECTURAL
HERITAGE & LANDMARKS COMMISSION, CODE ENFORCEMENT APPEALS
BOARD, ECONOMIC VITALITY COMMISSION, PARTICIPATORY BUDGETING
STEERING COMMITTEE (PBSC) AND THE SISTER CITY COMMISSION
Presently there are 5 member and 3 alternate vacancies. Two applications were received for Council consideration and both applicants attended and participated in the interviews with the City Council on July 7.
Both applicants are at-large applicants. The two applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, Council will need to decide if the appointments are to fill the member or alternate vacancies. Terms shall be made to commence from date of appointment and expire on June 30, 2024.
Staff will continue its efforts to solicit interested applicants for the remaining vacancies to the Beautification Commission, Design Review Board, Human Relations Commission, Participatory Budgeting Steering Committee, Housing Authority Board of Commissioners - tenant commissioner, the SolTrans Public Advisory Committee, and the Solano County Library Advisory Council - Vallejo representative.
Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted at the special meeting on June 23 and July 7. Appointments to these advisory bodies are before the City Council this evening for consideration.
FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Resolution Making Appointments to Various Commissions_072622
2. List of Applicants for Appointment_072622
CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 22- N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING
APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The following person is appointed to the Architectural Heritage & Landmarks Commission – 1 vacancy (term to expire 12/31/25):
1. _________________ – term to expire 12/31/25
The following person is appointed to the Code Enforcement Appeals Board – 1 vacancy (term to expire 12/31/25):
1. ____________________ – term to expire 12/31/25
The following persons are appointed to the Economic Vitality Commission – 4 vacancies (1 term to expire 6/30/23 and 3 terms to expire 6/30/26):
1. __________________________ - term to expire 6/30/23
2. __________________________ - term to expire 6/30/26
3. __________________________ - term to expire 6/30/26
4. __________________________ - term to expire 6/30/26
The following persons are appointed to the Sister City Commission – 3 vacancies (terms to expire 6/30/26):
1. __________________________ – term to expire 6/30/26
2. __________________________ - term to expire 6/30/26
3. __________________________ - term to expire 6/30/26
The following persons are appointed to the Participatory Budgeting Steering Committee – 5 member and 3 alternate vacancies (all terms to expire 6/30/24)
1. 2.
Adopted by the City Council of the City of Vallejo at a regular meeting held on July 26, 2022 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Eligible Applicants for Appointment
July 26, 2022
Architectural Heritage & Landmarks Commission – 1 vacancy (term to expire 12/31/25) Ann Adams
Christopher Naughton
Code Enforcement Appeals Board – 1 vacancy (term to expire 12/31/25) Kevin Tennyson
Economic Vitality Commission – 1 vacancy (term to expire 6/30/23) and 3 vacancies (terms to expire 6/30/26)
Dwight Monroe
*Thomas Barbeiro
*Alex Matias
Sister City Commission – 3 vacancies
David Muchnikoff
*Pelton Stewart
*Paul Lamb
*Elissa Shanks Stewart
PBSC (5 member and 2 alternate vacancies
*Ruscal Cayangyang
Ann Adams
ACTION ITEM 9.B.
DATE: July 26, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION DECLARING AS SURPLUS THREE CITY-OWNED PROPERTIES COMPRISED OF: (1) A PORTION OF APN 0182-020-130; (2) APNS 0056- 062-200 AND-210, CONSISTING OF A FORMER PARKING LOT LOCATED ON BROADWAY NEAR TENNESSEE; AND (3) 485 SANTA CLARA STREET (APN 0055-170- 380) PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1) AND MAKING
FINDINGS RELATED THERETO
RECOMMENDATION
Adopt a resolution to:
1. Finding determination that three properties as identified are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378; and
2. Declaring City-owned property located at: (1) a portion of APN 0182-020-130 consisting of 4.2 acres contiguous with APN 0182-020-020 to the south; (2) a former parking lot located on Broadway near Tennessee (APNs 0056-062-200, -210), and (3) 485 Santa Clara Street (APN 0055-170-380), as "Surplus Land" pursuant to Government Code Section 54221(b)(1).
REASONS FOR RECOMMENDATION
The City of Vallejo owns three sites that are no longer necessary for the City’s use and therefore eligible for development (see Exhibit A to Resolution ). The three properties comprise sites that are either not in active use or are significantly underutilized and are therefore no longer necessary for the City’s use. Staff recommends declaring these properties surplus to initiate the process of disposition.
BACKGROUND AND DISCUSSION
The State Surplus Land Act (SLA) applies to a public agency determination to sell or transfer land owned by the public agency in fee. The SLA also applied to certain leases of public lands. In general, the SLA requires a local agency to formally declare publicly owned property no longer used for the agency’s expressed purpose as surplus land before it may begin the disposition process. "Surplus Land means land owned in fee, by any local agency, for which the governing body takes formal action at a regular meeting declaring that the land is surplus and is not necessary for the agency's use. Land shall be declared either "Surplus Land" or "Exempt Surplus Land" as supported by written findings before a local agency may take any action to dispose of it, consistent with the agency's policies or procedures. Disposition of non-exempt surplus land requires the City to notify certain entities designated in the SLA, including eligible housing sponsors and the California Department of Housing and Community Development (HCD). See Attachment 2, Surplus Lands Legislative Information.
The City of Vallejo owns three properties that are no longer necessary for the City’s use and therefore may be considered eligible for declaring surplus (see Attachment 1 for a list of the
Date: July 26, 2022
Subject: ADOPT A RESOLUTION DECLARING AS SURPLUS THREE CITY-OWNED PROPERTIES COMPRISED OF: (1) A PORTION OF APN 0182-020-130; (2) APNS 0056- 062-200 AND-210, CONSISTING OF A FORMER PARKING LOT LOCATED ON BROADWAY NEAR TENNESSEE; AND (3) 485 SANTA CLARA STREET (APN 0055- 170-380) PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1) AND MAKING
FINDINGS RELATED THERETO
subject properties). The three properties are sites that are either not in active use or are significantly underutilized and no longer necessary for the City’s use. Therefore, staff recommends the properties be declared surplus. Based on said surplus designation, staff may initiate the process of disposition of the sites.
These City-owned properties are further described in the Background and Discussion section of this report and are attached to the proposed resolution as Attachment 1 and Exhibit A. Aerial photos of the properties are included as Attachment 4 - Reference Maps.
BACKGROUND AND DISCUSSION
The Surplus Lands Act (SLA) and the Surplus Land Declaration
Originally enacted in 1968, the State of California Government Code, Title 5, Division 2, Part 1, Chapter 5, Article 8. Surplus Land, "The Surplus Land Act (SLA)” (Attachment 2), includes recent amendments such as 2019’s Assembly Bill (AB) No.1486 and 2021’s AB No.1180 that require prioritization of affordable housing when selling or leasing public lands no longer necessary for agency use. The amended SLA requires a local agency to declare City-owned property no longer used formally and publicly for the agency’s expressed purpose, as surplus land before beginning the disposition process (sale or lease). Unless the land is exempt from the SLA, the declaration must be made by the legislative body of the local agency and must be supported by written findings. Surplus land must follow a statutory noticing and negotiation period with certain designated entities, including eligible housing sponsors defined by the California Department of Housing and Community Development (HCD). Alternately, if the City-owned properties meet State Code provisions for exemption, the local agency may declare the property exempt surplus with adoption of findings, which are subject to review by HCD.
The full text of the State of California Government Code related to Surplus Lands, the most recent State Guidelines on the SLA, and an update adopted last year are attached as Attachment 2 - Surplus Lands Legislative Information. The following provides an overview to the changes associated with recent amendments to the SLA and explains the general process required to ensure compliance. Effective January 1, 2020, Assembly Bill (AB) No.1486 amended the SLA by prohibiting local agencies from commencing negotiations over the sale or lease of surplus property prior to sending notices about available, surplus local public land to designated entities (Eligible Entities), including:
California Department of Housing and Community Development (HCD) Any local public entity within the jurisdiction where the surplus local land is located Developers who have notified HCD of their interest in developing affordable housing on surplus local land.
Coordination.
Economic Development staff has coordinated with the office of the City Attorney to understand the Date: July 26, 2022
Subject: ADOPT A RESOLUTION DECLARING AS SURPLUS THREE CITY-OWNED PROPERTIES COMPRISED OF: (1) A PORTION OF APN 0182-020-130; (2) APNS 0056- 062-200 AND-210, CONSISTING OF A FORMER PARKING LOT LOCATED ON BROADWAY NEAR TENNESSEE; AND (3) 485 SANTA CLARA STREET (APN 0055- 170-380) PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1) AND MAKING
FINDINGS RELATED THERETO
new legal requirements of the SLA. Staff have also coordinated with the Department of Housing and Community Development (HCD) to review exemptions, affordable housing selection criteria and available sites, and to align site batching and timing with staff resources and affordable housing funding availability. The three properties do not qualify for any exemption and must comply with the SLA process described above.
Benefit to the Local Community.
Staff recommends that City Council declare the three sites (consisting of multiple parcels) as “surplus land,” which will allow staff to begin the process for disposition and development of these properties in several phases, prioritizing the development of affordable housing in compliance with the SLA and City Council direction.
Surplus Lands List Processing Requirements.
Maps identifying the subject properties are included in Attachment 4. In compliance with the amended state law, properties declared surplus follow the process as outlined below:
Notices of Availability.
Per the SLA, after City Council issues the Surplus declaration, staff is to issue NOAs for Round 1 Surplus Lands properties to eligible entities as set forth by the HCD. This begins a minimum 60- day noticing period. Staff will release NOAs for the properties starting in late summer/fall 2022, as indicated in Attachment 1, Exhibit A based on staffing availability. Other properties may be brought forward in additional rounds in the future for City Council consideration.
During the 60-day noticing period, the SLA restricts City discretion in negotiating with potential buyers, prioritizing NOA responses, and limiting project design features. For example, the State law requires the City to first respond exclusively to Eligible Entities and to give priority to proposals that provide at least 25 percent of a project’s housing units affordable to lower-income households (at or below 80 percent of area median income). If multiple proposals provide at least 25% affordable units, State law requires prioritizing the project with the greater number of affordable units. If multiple proposals contain the same number of affordable units, staff are required to prioritize projects that provide the deepest average level of affordability for its affordable units. The City is also prevented from negotiating terms that would prevent residential use (even if not permitted by the existing zoning), reduce density below what is allowed by zoning, or impose design requirements that would have a substantial adverse effect on the viability of affordable housing. If no proposals are received with an affordability component, and the City has provided information to HCD about its compliance with the SLA procedures, then HCD is able to determine compliance and the City may move on to accepting alternate proposals.
Timing of Notice Issuance.
In April of this year, City staff reached out to HCD to confirm how quickly a local agency must issue Date: July 26, 2022
Subject: ADOPT A RESOLUTION DECLARING AS SURPLUS THREE CITY-OWNED PROPERTIES COMPRISED OF: (1) A PORTION OF APN 0182-020-130; (2) APNS 0056- 062-200 AND-210, CONSISTING OF A FORMER PARKING LOT LOCATED ON BROADWAY NEAR TENNESSEE; AND (3) 485 SANTA CLARA STREET (APN 0055- 170-380) PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1) AND MAKING
FINDINGS RELATED THERETO
NOAs following adoption of a Surplus Lands list. According to a confirmation communique received from HCD staff, “(t)here are no requirement(s) under the Surplus Land Act that the local agency issues the Notice of Availability of surplus land by a certain timeframe after the agency has adopted a resolution declaring land ‘surplus land.’” However, it is incumbent on the local agency to adopt Surplus Lands List as part of the first step in compliance to ensure that City owned property no longer needed for the public use, goes through the applicable process prior to disposition of said land.
Community Outreach.
Concurrent with the release of the NOA, Staff is committed to gather input from impacted members of Vallejo’s communities most likely to be affected by the state housing crisis-those of reduced societal and/or economic status throughout the SLA NOA process. As part of any SLA negotiation process and subsequent potential development agreement process, staff will invite residents near project sites and appropriate local community organizations and stakeholders to give their input to inform negotiation and project outcomes.
90-Day Negotiation with Eligible Entities.
If staff receives a notice of interest from one or more eligible entities, staff will begin negotiations for a period of no less than 90 days. These negotiations will be informed by community input mentioned above, as well as the prioritization required by the SLA and the requirements of the LRPMP. Either determination is then forwarded to HCD for evaluation as to SLA compliance.
Project Selection and Return to Council.
If negotiations lead to development of a potential project, staff will return to City Council to present the recommended project proposal for public comment and Council authorization for an Exclusive Negotiation Agreement (ENA). If no notices of interest are received or if negotiations conclude with no recommended project proposals, staff will return to City Council to seek further direction on the disposition of the site, which could include proceeding with disposition in accordance with the Vallejo Municipal Code.
Prior Surplus Land Designated Disposition.
Since the (SLA) was first adopted in 1968, the City of Vallejo has worked consistently to comply with this regulation. For example, the City has generated surplus lists in the past (In 2006 and 2008 several properties identified in previous lists have resulted in disposition (sales) responsive to the SLA requirements in place at the time of the sales.
Additional information regarding the proposed Surplus Land properties is provided in Exhibit A to the Resolution. It is recommended that prior Surplus Lists be replaced by this recommended list to include these properties, which are still or newly available. See Attachment 4-Previously Adopted Surplus Lists.
Date: July 26, 2022
Subject: ADOPT A RESOLUTION DECLARING AS SURPLUS THREE CITY-OWNED PROPERTIES COMPRISED OF: (1) A PORTION OF APN 0182-020-130; (2) APNS 0056- 062-200 AND-210, CONSISTING OF A FORMER PARKING LOT LOCATED ON BROADWAY NEAR TENNESSEE; AND (3) 485 SANTA CLARA STREET (APN 0055- 170-380) PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1) AND MAKING
FINDINGS RELATED THERETO
FISCAL IMPACT
At this time, no fiscal impact is anticipated. As property disposition proposals are brought forward for Council consideration, related financial impacts would be discussed with the City Council prior to any action being taken. Adoption of the Surplus Land List helps avoid fiscal penalties associated with the SLA upon failure to comply with State law.
ENVIRONMENTAL REVIEW
The action of declaring these three City-owned properties as “surplus land” does not constitute an approval of the disposition of the City’s interest in these properties, but merely initiates the process. Any future disposition of one or more of these properties will require further discretionary actions of the City Council, and the City retains full discretion, following conclusion of the response and negotiation periods set forth in the Notice of Availability and the SLA to proceed with disposition of its interest in the Property in compliance with CEQA. As such, this action will not result in a direct or indirect physical change in the environment and does not in-and- of-itself constitute a “project” pursuant to CEQA Guidelines Section 15378.
ATTACHMENTS
1. Attachment 1-Resolution_Surplus Land_CAO Stamp__
2. Revised Exhibit A to Reso
3. APN 0182-020-130 aerial photo, survey, and legal description
4. Attachment 2_Legislative Information
5. Attachment 3 - Previous Surplus Lands List
6. Attachment 4 - Reference Maps
CONTACT
Emi Thériault, Economic Development Program Manager (707) 649-5454 [email protected]
Ivette Iraheta, Economic Development Program Manager (707) 645-2622 [email protected]
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO FINDING
DETERMINATION THAT THREE PROPERTIES AS IDENTIFIED ARE EXEMPT FROM
THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378; AND DECLARING CITY-OWNED PROPERTY LOCATED AT: (1) A PORTION OF APN 0182-020-130 CONSISTING OF 4.2 ACRES CONTIGUOUS WITH APN 0182-020-020 TO THE SOUTH; (2) A FORMER PARKING LOT LOCATED AT BROADWAY NEAR TENNESSEE (APNS 0056-062-200 & - 210), AND (3) 485 SANTA CLARA STREET (APN 0055-170-380), AS “SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221(b)(1)
WHEREAS, the City of Vallejo (City) is the fee owner of the real property identified in the table shown in Exhibit A, attached hereto and incorporated herein by reference, being a portion of APN 0182-020-130, APNs 0056-062-200, 0056-062- 210, and 0055-170-380 (Properties); and
WHEREAS, the Properties were reviewed by the relevant City departments and none of these City departments requested retention of the Properties for a City municipal use; and
WHEREAS, the Surplus Land Act (California Government Code Sections 54220-54234, inclusive) governs the disposition of surplus land by local agencies, such as the City; and WHEREAS, Government Code Section 54221(b)(1) requires the City Council to take formal action declaring the Properties as surplus and not necessary for the City’s use, as supported by written findings, in a regular public meeting before the City may take any action to dispose of them; and
WHEREAS, at a regular public meeting held on July 26, 2022, the City Council considered the staff report and recommendations of the Economic Development Manager on the Properties to be disposed of in compliance with the Surplus Land Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by this reference as if set forth in full.
2. The City Council determines that the designation of the Properties as surplus lands is exempt from the requirements of the California Environmental Quality Act (Public Resources Act Section 21000 et seq.) (“CEQA”) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.) Section 15378 because no direct physical change to the Properties results from such designation.
3. The City Council hereby finds and declares that the Properties identified in Exhibit A are no longer necessary for the City’s use and are therefore surplus land as defined in Government Code Section 54221(b)(1).
Adopted by the City Council of the City of Vallejo at a regular meeting held on July 26, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
SITE
NUMBER
PARCEL
NUMBER
SITE
DESCRIPTION*
LOT
SIZE
FINDINGS AND
NOTES
1 0182-020-130
No street address per Assessor
record. A portion of APN 0182-020-
130, consisting of 4.2 acres
contiguous with APN 0182-020-020
to the south as identified in the aerial
photo, survey, and legal description
attached hereto.
4.2 Acres
Non-Exempt per State of California
Government Code Section 54220(B)(1).
Site is a portion of a larger parcel that
has limited development potential
given the site's topography.
2 0056-062-200
No site address in Assessor record.
Located on Broadway Street near
Tennessee Street.
14,300 sq ft (0.33
acres)
Non-Exempt per State of California
Government Code Section 54220(B)(1).
Originally included on the 2015 Surplus
Lands List. This site is currently
developed as a parking lot.
3 0055-170-380
485 Santa Clara Street.
Located adjacent to existing parking
garage structure, immediately east of
the Vallejo Ferry Terminal.
86,684 sq ft (2.0 acres)
Non-Exempt per State of California
Government Code Section 54220(B)(1).
Site is currently developed with surface
parking.
80 Bo
rg
es
Ln
Gate way D r
Cot t a Way
Carou sel Dr
HavitureW
ay
Cim arron Dr
Ad
ele Dr
33B
Rindler C reek
80 80
GriffinDr
Aut o Mall Pkw y
33A
Auto Mall Pkwy
NA
scot
Pk
w
y
Solano
Community
College Vallejo
Ce
Rind
ler Cree
k
St Jo
hns
M
ine
Rd
Rindler Creek
Rindle r C reek
St J
ohns M
ine
Rd
St Joh
ns Mine
Rd
StJohns
Mi
ne
Rd
0182020130
0182020020
¯
0 0.05 0.10.03 Miles
Site 1
Surplus Land 2022
Date: 4/19/2022
Legend
Vallejo City Limit
Adjoining Properties
Surveyed Sub Area
1 Graphic Scale (in feet)
0 1 inch = 200 ft.
200
VALLEJO C ALIFORNIASOLANO
PLAT TO ACCOMPANY LEGAL
DEDICATION TO THE CITY
EXHIBIT 'B'
Rev. - D ate: 05/12/22
Job No. 1930029.52 Scale: 1" = 200'
P
:\Shared\Projects\Legacy\Novato\Projects\1930029.52 ALTA City of Vallejo Solano Ranch 244 Acre Parcel\DWG\Legal and Plat\EXH B - CITY DEDICATION.dwg 05/12/2022 - 12:46 P Site 1
.
Date: 05/12/22
File: 1930029.52
EXHIBIT ‘A’
LEGAL DESCRIPTION
CITY OF VALLEJO SURPLUS LANDS
APN 0182-020-130
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF VALLEJO, COUNTY OF SOLANO, STATE OF CALIFORNIA, OVER A PORTION OF THE LANDS OF THE CITY OF VALLEJO AS DESCRIBED IN DOCUMENT NUMBER 2002-00061090 AND AS SHOWN ON THAT CERTAIN RECORD OF SURVEY ENTITLED “LUNDERBERG MARYLAND SEAMANSHIP SCHOOL, INC PROPERTY” RECORDED IN BOOK 15 OF RECORD MAPS, AT PAGE 18, SOLANO COUNTY RECORDS, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND T-BAR AND TAG R.C.E 6250 LOCATED AT A SOUTHEASTERLY CORNER OF SAID LANDS, NORTH 81°42’56” WEST, A DISTANCE OF 232.71 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY PROPERTY LINE OF SAID LANDS, NORTH 81°42’56” WEST, A DISTANCE OF 688.44 FEET;
THENCE LEAVING SAID PROPERTY LINE, NORTH 32°31’12” EAST, A DISTANCE OF 150.87 FEET;
THENCE NORTH 08°17’57” EAST, A DISTANCE OF 147.59 FEET;
THENCE SOUTH 81°42’03” EAST, A DISTANCE OF 626.54 FEET;
THENCE SOUTH 08°17’57” WEST, A DISTANCE OF 285.00 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINING 182,871 SQUARE FEET (4.20 ACRES) MORE OR LESS.
SEE EXHIBIT ‘B’ ATTACHED AND MADE A PART HEREOF
BASIS OF BEARING IS SOUTH 81°42’05” EAST BETWEEN FOUND STREET MONUMENTS IN COLUMBIUS PARKWAY
PREPARED BY:
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
JOSH WOELBING. PLS 9387
Surplus Land Act Guidelines
FINAL
Gavin Newsom, Governor
S
tate of California
L
ourdes M. Castro Ramír ez, S ec retary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
C
alifornia Department of Housing and Community Development 202
0 West El Camino Avenue, Suite 500
Sacramento, CA 95833
916-263-7400
April 2021
2 2
Contents
ARTICLE I. PROGRAM OVERVIEW .............................................................................. 4 Sect
ion 101. Guidelines ................................................................................................... 4 S
ection 102. Definitions… ............................................................................................... 5 S
ection 103. Exemptions ............................................................................................... 10 ARTI
CLE II. SURPLUS LAND ....................................................................................... 13 Sect
ion 200. Surplus Land Determination Process ....................................................... 13 Sect
ion 201. Notice of Availability ................................................................................. 13 Sect
ion 202. Disposal of Surplus Land for Affordable Housing ..................................... 14 Sect
ion 203. Bidding Requirements for Exempt Surplus Land for Affordable Housing. 21 A
RTI
CLE III. REQUIREMENTS TO BE PLACED ON SURPLUS LAND FOR
AFFORDABLE HOUSING ............................................................................................ 21
Section 300. Requirements When an Entity Proposes to use the Surplus Land for Developing Affordable Housing ..................................................................................... 21
ARTICLE IV. REPORTING REQUIREMENTS .............................................................. 22 S
ection 400. Local Agency Reporting Requirements .................................................... 22 A
RTICLE V. PERFORMANCE MONITORING AND PENALTIES ................................. 24 Section 500. HCD Monitoring, Recording, and Reporting .............................................. 24 S
ection 501. Penalties ................................................................................................ ... 25 Section 502. Private Enforcement ................................................................................. 27 3 3
OVERVIEW
Article I summarizes the purpose and scope of the Surplus Land Act (SLA) by identifying the objectives of the Guidelines and defining key terms within the law. This section also defines lands exempt from the provisions of the SLA.
Article II describes the mechanisms for identifying and disposing of surplus lands. This Article also describes requirements for developments built upon disposed surplus land, surplus land in which no sale took place under the auspices of the SLA, and requirements for affordable housing on surplus land that is developed at a later date.
Article III identifies the affordable housing requirements for developments built upon disposed surplus land.
Article IV summarizes the notification, recording, and reporting requirements to the California Department of Housing and Community Development (HCD) under the SLA.
Article V explains HCD’s obligations to monitor local agency compliance with the SLA and identifies the escalating penalties associated with noncompliance. 4 4
ARTICLE I. PROGRAM OVERVIEW
Assembly Bill (AB) 1486 (Statutes of 2019, Chapter 664) and AB 1255 (Statutes of 2019, Chapter 661) made changes to the SLA found in Government Code, Title 5, Division 2, Part 1, Chapter 5, Article 8. Surplus Land. Generally, the purpose of the amendments is to promote affordable housing development on unused or underutilized public land throughout the state to respond to the existing affordable housing crisis. The amendments to the SLA adopted with AB 1486 and AB 1255 clarify and strengthen reporting and enforcement provisions of the SLA to promote increased compliance with the SLA.
AB 1486
took effect January 1, 2020.
As of that date, HCD began reviewing notices that local agencies are required to send by email or certified mail pursuant to Government Code Section 54222(a)(1) and examining complaints and other information received or requested to confirm compliance with the SLA pursuant to Government Code Section 65585.1. As of that date, HCD also began collecting (in Table G of the Housing Element Annual Progress Report (APR)) information on jurisdiction- owned sites identified in the housing element sites inventory, and subsequently disposed of by the jurisdiction.
As of
January 1, 2021, HCD was required to begin implementing Government Code Section 54230.5, including, but not limited to, adopting these Guidelines; reviewing each local agency’s description of the notices of availability sent, negotiations conducted with any responding entities, and copies of any restrictions to be recorded against the property pursuant to Government Code Sections 54233 or 54233.5; submitting written findings to local agencies; and, if necessary, assessing penalties, in conjunction with the Attorney General, to local agencies that dispose of surplus property in violation of the SLA.
Note
: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54222, Section 54230, Section 54230.5(b)(2)(A), Section 54233, Section 54233, Section 54233.5, Section 65585.1.
Secti
on 101. Guidelines
(a) These SLA Guidelines (hereinafter “Guidelines”) implement, interpret, and make specific the text of the SLA. The forms linked in the Appendices of these Guidelines may be updated from time to time upon approval by the Director of HCD or the Director’s designee.
(b) These Guidelines establish and revise terms, conditions, forms, and procedures for the proper identification and disposition of various types of surplus land, as well as provide detail on expectations and sanctions related to SLA compliance. Major actors and their responsibilities include:
(1) Local agencies:
A) Prov
ide notices of availability of surplus land for lease or purchase to local public entities and housing sponsors as required by Government Code Section 54222 on the form provided in Appendix A;
5 5
B) Where applicable, receive notices of interest from entities desiring to purchase or lease surplus land and negotiate with entities in good faith;
C) Pr
ovide HCD with descriptions of the notices of availability sent, and negotiations conducted with any responding entities, regarding the disposal of the parcel of surplus land on the form provided in Appendix B;
D) For
ward to HCD a copy of any restrictions to be recorded against the surplus land pursuant to Government Code Section 54233 or 54233.5, whichever is applicable, in the form prescribed by HCD in Appendix B; and
E) If
the local agency is a city or county, beginning April 1, 2021, the local agency must report annually information about all locally owned surplus land sites pursuant to Government Code Section 54230. Reporting shall be in table H of the APR in accordance with APR instructions.
(2) Housing sponsors, as defined by Section 50074 of the Health and Safety Code, may notify HCD of their interest in surplus land pursuant to Government Code Section 54222(a)(1) using the survey in Appendix D.
(3) HCD will maintain updates of interested housing sponsors and inventories of publicly owned surplus land and a list of notices of availability.
Not
e: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54221, Section 54222, Section 54230, Section 54230.5, subdivision (b)(2)(A), Section 54230.5, subdivision (b)(2)(D), Section 54233, Section 54233.5; Health and Safety Code Section 50074.
Sect
ion 102. Definitions
Al
l terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms provided in the SLA and Article 10.6 of Government Code Sections 65580 – 65589.11 (housing elements).
(a) “
Affordable housing” means housing available at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower-income households, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower- income households as defined in Section 50079.5 of the Health and Safety Code.
(b) “
Affordable housing cost” means that for owner-occupied housing, the sales price at which the monthly ownership cost including principal, interest, taxes, insurance, and utilities equals:
(1) For extremely low-income households the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit.
(2) F
or very low-income households the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.
6 6
(3) For lower-income households whose gross incomes exceed the maximum income for very low-income households and does not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent times 70 percent of the area median income adjusted for family size appropriate for the unit. In addition, for any lower-income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household.
(4
) For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.
(c
) “ Affordable rent” means that, including a reasonable utility allowance, rent shall not exceed:
(1
) For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit.
(2) For very low-income households, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.
(3) For lower income households whose gross incomes exceed the maximum income for very low-income households, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those lower-income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of the gross income of the household. (4) For moderate income households, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of the gross income of the household.
(d
) “Agency’s use”. Except as provided below, “agency’s use” shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants as described in Government Code Section 54221(c)(1).
7 7
(1
) Agency’s use shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.
(2
) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development, or be for the sole purpose of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following:
(A
) Directly further the express purpose of agency work or operations.
(B
) Be expressly authorized by a statute governing the local agency, provided the district complies with Government Code Section 54233.5 where applicable.
(e
) “APR” means the Annual Progress Report from each city or county detailing the agency’s implementation of the housing element of its general plan submitted to and using forms and definitions adopted by HCD.
(f
) “Assisted unit” means a unit that is subject to rent and/or occupancy restrictions, as a result of financial assistance, as specified in a regulatory agreement.
(g
) “CalHFA” means the California Housing Finance Agency.
(h) “ Disposition of surplus land” means the sale or lease of local agency-owned land formally declared surplus.
(1
) For purposes of this subsection, “lease” shall not include a lease of land on which no development or demolition will occur or which has a term that is less than five (5) years (including any extensions, amendments or options).
However, an enforceable option to lease, as defined by these Guidelines, will qualify as a lease for purposes of these Guidelines. (2) If a local agency is unsure whether a transaction involving local agency owned land meets this definition, they are encouraged to email [email protected]
for additional guidance from HCD.
(i
) “District” includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of the state that is a district.
(j
) “Exclusive Negotiating Agreement (ENA)” means a legally binding agreement that binds a prospective buyer and seller under which the seller cannot make any similar deals with other potential buyers for a specified period. 8 8
(k
) “Expression-of-interest list” means the list maintained by HCD on its website of developers that have notified HCD of their interest in purchasing or leasing surplus property.
(l
) “Fair market value” is the price a particular parcel would sell for on the open market when certain conditions are met. Those conditions are: (1) the parties involved are aware of all the facts, (2) are acting in their own interest, (3) are free of any pressure to buy or sell, and (4) have ample time to make the decision. In cases where fair market value has not been established, the parties may seek a broker’s opinion of value or an appraisal may be conducted. If, following a single appraisal, consensus on fair market value remains absent, a second appraisal is frequently obtained. If consensus on fair market value is not reached after the second appraisal, the parties may average the results of the two appraisals, or a third appraisal may be obtained. Nothing in these Guidelines prevents a local agency from selling or leasing surplus land for fair market value or fair market rent or less than fair market value or fair market rent.
(m
) “Good faith negotiation” means to deal honestly and fairly with the other party throughout the negotiation process whether or not the negotiation results in a contract.
(n
) “HCD” means the California Department of Housing and Community Development.
(o
) “Housing sponsor” means any individual, joint venture, partnership, limited partnership, trust, corporation, limited equity housing cooperative, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity, or other legal entity, or any combination thereof, certified by CalHFA pursuant to rules and regulations of CalHFA as qualified to either own, construct, acquire, or rehabilitate a housing development, whether for profit, nonprofit, or organized for limited profit, and subject to the regulatory powers of CalHFA pursuant to rules and regulations of CalHFA and other specified terms and conditions. “Housing sponsor” includes persons and families of low or moderate income who are approved by CalHFA as eligible to own and occupy a housing development and individuals and legal entities receiving property improvement loans through CalHFA.
(p
) “ Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.
(q
) “Lower-income households” means persons and families whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Lower- income households includes very low-income households, as defined in Health and Safety Code Section 50105, and extremely low-income households, as defined in Health and Safety Code Section 50106.
(r)
“Open-space purposes” means the use of land for public recreation, enjoyment of 9 9
scenic beauty, or conservation or use of natural resources.
(s) “
Option to lease” means a contract by which a local agency enters an agreement with another entity to allow the latter to lease surplus land at a specified rate for a specified term, or within a reasonable time in the future, but without imposing an obligation to lease upon the option holder.
(t) “Option to purchase” means a contract by which a local agency enters an agreement with another entity to allow the latter to purchase surplus land at a specified price, or within a reasonable time in the future, but without imposing an obligation to purchase upon the option holder.
(u) “
Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of area median income adjusted for family size by HCD in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.
(v)
“Planning period” means the time period between the due date for an agency’s preparation or update of its housing element and the due date for the next housing element according to the applicable schedule described in paragraphs (2) and (3) of subdivision (e) of Government Code Section 65588. Generally, the “Planning period" is eight years.
(w)
“RHNA” means the Regional Housing Needs Allocation to be developed by HCD in consultation with each council of governments, where appropriate, which shall determine the existing and projected need for housing for each region.
(x) “
Surplus land” means land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use. Land must be declared either “surplus” or “exempt surplus” as supported by written findings before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus” or “exempt surplus.”
(y) "
Transitional housing" means a rental housing development operating under programmatic constraints that requires the termination of assistance after a specified time or event, in no case less than six months after initial occupancy, and the re-renting of the assisted unit to another eligible participant.
(z) “U
nit” means a residential unit that is used as a primary residence by its occupants, consistent with the definition of a unit as utilized by the US Census Bureau and the California Department of Finance, including efficiency units, residential hotel units, and units used as transitional housing.
Not
e: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54221, Section 54222, Section 54222.5, Section 54223, Section 54226, Section 54230, Section 54230.5, Section 54233, Section 54233.5, Section 54234, Section 65400, Sections 65580 – 65589.11; Health and Safety Code Section 50052.5, Section 50053, Section 50074, Section 50079.5, 50093; 10 10
Public Resources Code, Division 13 (Section 21000 et seq.).
Sec
tion 103. Exemptions
(a) Thes
e Guidelines apply to the disposal of all surplus lands.
(b) Sur
plus land that meets one or more of the following conditions is exempt from Articles II and III of these Guidelines:
(1) An E
NA or legally binding agreement to dispose of property that meets the requirements of Government Code Section 54234 is not subject to the requirements of AB 1486 and must comply with the SLA as it existed on December 31, 2019.
(A) Sur
plus land subject to an ENA or legally binding agreement to dispose of property is not subject to Articles II and III of these Guidelines so long as the local agency entered into the ENA or legally binding agreement on or before September 30, 2019, and the disposition of the property is completed by December 31, 2022.
(B) The di
sposal of any surplus land pursuant to a qualifying ENA or legally binding agreement to dispose of property must still comply with the SLA as it existed on December 31, 2019.
(C) T
he deadline for disposal of property set out in Paragraph (A) above shall be extended if the disposition of property, the local agency’s right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise, to the date that is six months following the final conclusion of such litigation.
(D) I
f a legally binding agreement to dispose of property is either an enforceable option to lease or option to purchase and the option is exercised or expires after December 31, 2022, the local agency must notify HCD, in writing, within 30 days of the option’s execution or the option’s expiration.
(2) Land hel
d in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan is not subject to the requirements of these Guidelines if both of the following apply:
(A) An E
NA or legally binding agreement for disposition of the property is entered into not later than December 31, 2020.
(B) The di
sposition is completed by December 31, 2022.
(C)
The deadline for disposal of the property set out in Paragraph (B) above shall be extended if the land subject to the Community Redevelopment 11 11
Property Trust Fund or the long-range property management plan is the subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, the date specified in Paragraph (B) shall be extended to the date that is six months following the final conclusion of such litigation. (3) L and declared to be exempt by the local agency. Other land may be exempt from these Guidelines provided that the governing board of a local agency declares the property to be “exempt surplus land” at a regular public meeting and the declaration is supported by written findings demonstrating that the land is of one or more of the following types:
(A) County or City Surplus Land Transferred for the Development of Affordable Housing with restrictions as described in Government Code Section 25539.4 or 37364.
(B
) Small Surplus Land Parcels sold to an owner of contiguous land that is:
(i
) less than 5,000 square feet in area;
(
ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less; or
(
iii) has no record access, is less than 10,000 square feet 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 ncome
housing purposes.
(C
) Exchange of Surplus Land. Surplus land that a local agency is exchanging for another property necessary for the local agency’s use.
(D
) Local Agency to Agency Surplus Land Transfer. Local agency surplus land is transferred to another local, state, or federal agency for the transferee agency’s use.
(E
) Surplus Street Land. Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
(F
) Exempt Surplus Land for Affordable Housing. Land declared “exempt surplus land” that is advertised to all entities identified in subdivision (a) of Section 54222 of the Government Code and who are then invited to participate in the competitive bid process for either of the purposes identified below:
(i
) A housing development (including mixed-use developments with ancillary commercial ground floor uses) that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to 12 12
lower-income households as affordable housing pursuant to Section 102(a) of these Guidelines. In no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
(
ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower-income households, as defined in Health and Safety Code Section 50079.5 as affordable housing pursuant to Section 102(a) of these Guidelines.
(
iii) If used for one of the purposes described in Section 103(a)(3)(F)(i) and (ii) of these Guidelines, the local agency must put the land out for open, competitive bid. All entities identified in Section 202 must be invited to participate in the competitive bid process. If entities were invited to participate in the competitive bid process prior to the existence of HCD’s expression-of-interest list, then noticing will be considered sufficient if reasonable efforts were made to include known interested parties.
(G
) Validly Restricted Surplus Land. Surplus land that is subject to valid legal restrictions not imposed by the local agency such as covenants, or other restrictions that are and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation is not per se a legal restriction that would make housing prohibited.
(H
) Surplus Trust Lands. Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.
(I
) School District Surplus Land. Land that is subject to Education Code Sections 17388, 17515, 17536, 81192, 81397, 81399, 81420, and 81422 and Part 14 of Division 31 of the Health and Safety Code commencing with Health and Safety Code Section 53570, unless compliance with the SLA is expressly required.
(J
) Real property that is used by a district for agency’s use expressly authorized in Government Code Section 54221(c).
(K
) Transfers of Surplus Parking Lot Land. Surplus parking lot land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Streets and Highways Code Section 32667 and has a minimum planned residential density of at least 100 dwelling units per acre and includes 100 or more residential units that are restricted to persons and families of low or moderate income pursuant to Government Code Section 54221(f)(1)(K).
13 13
(c) N
o Exemption Determination: Any determination by a local agency that its surplus lands are exempt from the SLA must be supported by written findings and shall be provided to HCD pursuant to Section 400(e) of these Guidelines.
Not
e: Authority cited: Government Code Section 54230, subdivision (c)(2), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54221, Section 54222, Section 54222.3, Section 54223, Section 54226, Section 54227, Section 54230, Section 54230.5, Section 54233, Section 54234, subdivisions (a)(2), (b)(1), (b)(2), Section 25539, Section 25539.4, Section 37364; Education Code Section 17388, Section 17515, Section 17536, Section 81192, Section 81397, Section 81399, Section 81420, and Section 81422; Health and Safety Code Sections 53570 et seq.; Streets and Highways Code Section 32667.
14 14
ARTICLE II. SURPLUS LAND
Sec
tion 200. Surplus Land Determination Process
(a) Land
must be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. (b) Surplus land shall have the definition set forth in Section 102(w) of these Guidelines and exempt surplus land shall have the definition and meet the requirements set forth in Section 103(b)(3) of these Guidelines. (c) Begi
nning April 1, 2021, “a central inventory of all surplus land” shall be reported to HCD no later than April 1 of each year on Table H of the city or county’s APR submitted pursuant to Government Code 65400(a)(2).
Note
: Authority cited: Government Code Section 54230, subdivision (c)(2), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54230, Section 65400.
Secti
on 201. Notice of Availability
Any l
ocal agency disposing of surplus land, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, shall send a written notice of availability (NOA) to certain parties designated in the SLA. The notice shall be in a form prescribed by HCD in Appendix A of these Guidelines and shall comply with the following. (a) Low- an
d Moderate-Income Housing Availability Notice.
(1) A w
ritten notice of the availability of surplus land provided on the form contained in Appendix A of these Guidelines for the purpose of developing low- and moderate-income housing shall be sent to the following:
(A) HCD and any local public entity as defined in Health and Safety Code Section 50079 within whose jurisdiction the surplus land is located. HCD will maintain on its website an up-to-date listing of all notices of availability throughout the state.
(B) Hous
ing sponsors that have notified HCD of their interest in surplus land that is in the county in which the surplus land is located or in all California counties. Housing sponsors must notify HCD of their interest in surplus land by completing a survey provided by HCD. Those interested in receiving notices from local agencies based on HCD’s expressions-of- interest list are responsible for keeping their addresses and contacts current.
(2) An e
ntity not on HCD’s list may also respond to an NOA.
(3) A
ll responses shall be date and time stamped by the local agency as they are received.
15 15
(4) All NOAs shall be sent by certified mail or email and shall include the location and a description of the surplus land.
(5) A
NOA cannot be sent before the governing body for the local agency has declared the land for which the notice is being issued to be “surplus land”, and any such notice sent prematurely will not be deemed valid. (b) Park, Recreation and Open Space availability notices shall comply with the conditions and follow the requirements as described in Government Code Sections 54221(f)(2), 54222, and 54227(b).
(c) School facilities surplus land availability notices shall comply with the conditions and follow the requirements as described in Government Code Section 54222(c). (d) Infill Opportunity Zone or Transit Village Plan surplus land availability notic es shall comply with the conditions and follow the requirements as described in Government Code Section 54222(d).
Not
e: Authority cited: Government Code Section 54230, subdivision (c)(2), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54221(f)(2), Section 54222, and Section 54227(b); Health and Safety Code Section 50079.
Se
ction 202. Disposal of Surplus Land for Affordable Housing After the governing board of a local agency has held the required public meeting to declare property as surplus land, as described in Section 102(w) of these Guidelines, a Low- and Moderate-Income Housing Availability Notice described in Section 201(a) must be sent to interested housing sponsors identified by the expressions-of-interest list maintained by HCD and local public entities within whose jurisdiction the surplus land is located and invite those interested to respond to the local agency with a notice of interest. (a) Negotiating Disposition of Surplus Land for Affordable Housing (1) R
esponse to a NOA of surplus land for the development of affordable housing (A) 60
Days to Respond.
An e
ntity or association interested in developing surplus land for affordable housing must notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s notice of availability of the land is sent via certified mail or provided via electronic mail.
(i) A
local agency may not issue a request for proposals on surplus land less than 60 days from the date that the local agency issues the NOA of surplus land.
(ii) I
f a notice of interest is received in response to an NOA, a request for proposals may not be issued until after the conclusion of the 90- day negotiation period.
16 16
(B) Upon Receipt of Notice of Interest.
If a local agency disposing of surplus land receives a timely notice of interest from a proper entity, then a 90-day good faith negotiation period begins on the first day after the end of the 60-day period in Government Code Section 54222(e). If the price or terms cannot be agreed upon after the full 90-day good faith negotiation period, then the local agenc y may dispose of the surplus land without further regard to the SLA but must still comply with Government Code Section 54233 or 54233.5, as applicable. (C) 90-Day, Good Faith Negotiation Period.
For purposes of the 90-day good faith negotiation period, residential use of the surplus land by the prospective transferee shall be deemed an acceptable use. Terms agreed to as part of the 90-day good faith negotiation period must comply with the following:
(i) A local agency cannot prohibit residential use of the surplus land as a condition of a sale or lease.
(ii) A local agency cannot reduce the authorized number of residential units or the maximum lot coverage of the surplus land below what is allowed by zoning or general plan requirements.
(iii) A local agency may not require, as a condition of sale or l ease, any design standards or architectural requirements that would have a substantial negative effect on the viability or affordability of a housing development for very low-, low- or moderate-income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria.
(D) For the purposes of complying with the SLA’s requirements regarding NOAs, “participating in negotiations” does not include the commissioning of appraisals, due diligence prior to the sale or lease of the surplus land, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of the surplus land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials. (Gov. Code Section 54222(f)) (E) If an entity believes a local agency has not negotiated with it in good faith pursuant to this section, the entity may notify HCD by emailing [email protected].
(F) Sample negotiation process timeline. The following represents a sample timeline for a good faith negotiation per the definition in Section 102(m) of these Guidelines. Minor departures from this sample do not constitute per se bad faith, and differences in the timeline may be justified with prior 17 17
notice to HCD.
• M
arch 1, 2021 – disposing agency sends a NOA of surplus land as described in Section 201;
• March 10, 2021 – first entity desiring to purchase or lease the surplus land sends notice of interest to disposing agency; • March 12, 2021 – disposing agency receives notice of interest from first entity desiring to purchase or lease the surplus land; • March 20, 2021 – second entity desiring to purchase
or lease the surplus land sends notice of interest to
disposing agency;
• March 22, 2021 – disposing agency receives notice of interest from second entity desiring to purchase or lease the surplus land; • A pril 30, 202 1 – last day for an entity desiring to purchase or lease the surplus land to respond to the NOA;
• May 1, 2021 – 90-day, good faith negotiation period commences, as described in Section 202(a)(1)(C)
• July 30, 2021 – last day of 90-day, good faith negotiation period; • July 31, 2021 – first day that disposing agency may dispose of the surplus land without regard to the amendments to the SLA, except that the disposing agency must still follow Government Code 54233 or 54233.5.
(2) T
erms
(A) A
s part of the 90-day good faith negotiation period, a local agency and a prospective transferee may agree to limitations on residential use or density if, without such limitations, the residential use or density would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the local agency’s operation or facilities, and there is no feasible method to satisfactorily mitigate the impact. (B) For low and moderate-income housing purposes, a local agency may agree to a payment period of up to 20 years for a sale of surplus land in any contract of sale or sale by trust deed for the land. Such payment period may exceed 20 years but shall not exceed the term that the surplus land is required to be used for low- or moderate-income housing. (C)
A local agency may sell or lease surplus land at fair market value or fair market rent or less than fair market value or fair market rent. (D) A
greement between the local agency and buyer.
(i) F
ailure to agree on sale/purchase price of land: If “fair market value” was determined by a single appraisal, a second appraisal value commissioned from a mutually acceptable firm may be averaged with the initial value to determine a sales price.
(ii) P
artial lease/acquisition: A local agency may agree to a lease or 18 18
sale of part of the surplus land provided that the remaining parcel or parcels are disposed of as surplus land or exempt surplus land.
A written justification for accepting a lease or sale of part of surplus land must accompany the Appendix B report to HCD.
(iii) A
gency change of mind: A local agency may withdraw its NOA provided that no notices of interest have been received and a written “notice of withdrawal” is sent to all housing sponsors, local public entities, HCD, and any other developers to which the notice of availability was sent.
(iv
) Conditions and restrictions required by the local agency as seller: A local agency may provide entities with reasonable conditions or restrictions for the surplus land in question, which must be included in the NOA, and reviewed by HCD pursuant to Section 400. The parties are required by the SLA to then negotiate in good faith. If it appears that the parties cannot resolve issues that would preclude a disposition within the 90-day negotiation period, the parties may discuss the issue(s) with HCD.
(b) P
ayment Period for Surplus Land Disposed of in Contract of Sale or Sale by Trust Deed (1) I
f surplus land is disposed of for housing for persons and families of low and moderate income, the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. (2) I
f surplus land is disposed of for park or recreation purposes, for open-space purposes, or for school purposes, the local agency may provide for a payment period of up to 20 years.
(3) M
ultiple Notices of Interest
(A) A
local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets the requirements of Government Code Section 54222.5. (B) I
n the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which a NOA was given, the local agency shall give first priority to the entity or entities that agree to use the site for affordable housing that meets the requirements of Government Code Section 54222.5, described as follows:
(i) N
ot less than 25 percent of the total number of units developed (which number includes density bonus units) shall be affordable housing as defined by Section 102(a) of these Guidelines. (ii) I
f more than one entity proposes the same number of units that meet the requirements of Government Code Section 54222.5, priority 19 19
shall be given to the entity that proposes the deepest average level of affordability for the affordable units.
(C) I
f the local agency receives notices of interest from more than one entity that agrees to meet the requirements of Government Code Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Government Code Section 54222.5.
(4) G
rounds for local agency to reject offer:
(A) A
local agency may reject an offer when the local agency and buyer/lessee cannot agree on sales price or lease terms.
(B) A
local agency may reject an offer when priority is given to a competing offer that includes a greater number of affordable units or, in case of a tie in the number of units, the lowest average level of affordability consistent with Government Code Section 54222.5.
(C) A
local agency may reject an offer when the interested entity is not responsive to a local agency’s reasonable conditions or restrictions as described in the NOA, where consistent with these Guidelines and the SLA, and such conditions or restrictions are reviewed by HCD. (c) R
equirements If Negotiations End with No Sale or Lease of Surplus Land (1) Local Agencies That Are Not Districts.
(A) If th
e local agency does not agree to price and terms with any entity to which NOA of land was given pursuant to these Guidelines, or if no entity to which a NOA was given pursuant to these Guidelines responds to that notice, then the land in question may be disposed of outside of the SLA, except that Section 202(c)(1) and (2) shall apply.
In s
uch a case, if 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented as affordable housing as defined by Section 102(a) of these Guidelines.
(B) T
he purchasing entity shall agree to the following additional requirements:
(i) R
ental units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 55 years. Ownership units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 45 years. The initial occupants of all ownership units on the surplus land shall be lower-income households and the unit shall be subject to an equity sharing agreement consistent with Health and Safety Code Section 65915(c)(2). Any subsequent occupants shall also be lower-income households, if necessary, for the unit to remain 20 20
occupied by lower-income households, for at least 45 years or 55 years, respectively.
(
ii) The requirements set out in subdivision (a) above shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which by its express terms shall run with the land and shall be enforceable by any of the following parties, against any owner who violates the covenant or restriction and each successor in interest who continues the violation:
I.
The local agency that disposed of the property.
I.
Any resident of an affordable ownership or rental unit
described in subdivision (a).
II. A
resident’s association with members who reside in units described in subdivision (a).
III. A
former resident of a unit described in subdivision (a) who last resided in that unit.
IV
. An applicant seeking to enforce the covenants or restrictions for a particular unit, ownership or rental, as described in subdivision (a), if the applicant conforms to all of the following:
a. Is
of low or moderate income, as defined in Section
50093 of the Health and Safety Code;
b. I
s able and willing to occupy that particular unit; and
c. W
as denied occupancy of that particular unit due
to an alleged breach of a covenant or restriction
implementing Government Code Section
54222.5.
V. A
person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this provision of the Guidelines.
(C
) A local agency shall provide a copy of any restrictions recorded against the surplus land to HCD as an attachment to the form prescribed by HCD in Appendix B.
(2
) Districts.
(A
) If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more 21 21
residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented as affordable housing as defined by Section 102(a) of these Guidelines, and the additional requirements contained in Section 202(c)(1)(B)(i-ii) of these Guidelines shall apply.
(B
) A local agency that is a district shall provide a copy of any restrictions recorded against the surplus land to HCD on the form prescribed by HCD in Appendix B of these Guidelines.
(C
) This subsection shall not apply to projects as defined in Health and Safety Code Section 32121(j).
N
ote: Authority cited: Government Code Section 54230, subdivision (c)(2), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54221, Section 54222, Section 54222.5, Section 54223, Section 54225, Section 54226, Section 54227, Section 54233; Health and Safety Code Section 32121
22 22
ARTICLE III. REQUIREMENTS TO BE PLACED ON SURPLUS LAND FOR AFFORDABLE
HOUSING
Se
ction 300. Requirements When an Entity Proposes to Use the Surplus Land for Developing Affordable Housing
(a) A
n entity proposing to use the surplus land for affordable housing shall agree to make no less than 25 percent of the total number of units developed on the parcels as affordable housing pursuant to Section 102(a) of these Guidelines. The entity shall agree to the following additional requirements:
(1
) Rental units shall remain at an affordable housing cost to, and occupied by, lower- income households for a period of at least 55 years.
(2
) Ownership units shall remain at an affordable housing cost to, and occupied by, lower-income households for a period of at least 45 years. The initial occupants of all ownership units on the property shall be lower-income households and the unit shall be subject to an equity sharing agreement consistent with Health and Safety Code Section 65915(c)(2). Any subsequent occupants shall also be lower-income households, if necessary, for the unit to remain occupied by lower-income households, for at least 45 years.
(b
) The requirements set out in subdivision (a) above shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which by its express terms shall run with the land and shall be enforceable by any of the following parties, against any owner who violates the covenant or restriction and each successor in interest who continues the violation:
(1
) The local agency that disposed of the property.
(2
) Any resident of an affordable ownership or rental unit described in subdivision (a).
(3
) A resident’s association with members who reside in units described in subdivision (a).
(4
) A former resident of a unit described in subdivision (a) who last resided in that unit.
(5
) An applicant seeking to enforce the covenants or restrictions for a particular unit, ownership or rental as described in subdivision (a), if the applicant conforms to all of the following:
(A
) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code;
(B
) Is able and willing to occupy that particular unit; and
(C
) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing Government Code Section 54222.5. 23 23
(6) A
person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this provision of the Guidelines.
(c
) A local agency shall provide a copy of any restrictions recorded against the surplus land to HCD as an attachment to the form prescribed by HCD in Appendix B.
N
ote: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54222.5, Section 54233; Health and Safety Code Section 50093, Section 65915.
24 24
ARTICLE IV. REPORTING REQUIREMENTS
S
ection 400. Local Agency Reporting Requirements
(a
) Pre-Negotiation and Disposal Notice. A local agency must submit a NOA to HCD, any other local public entities within whose jurisdiction surplus land is located, and all interested housing sponsors that have provided notice to HCD. (1) Prior to disposing of surplus land or participating in negotiations to dispose of surplus land with a prospective transferee, a written NOA shall be sent to HCD on the form in Appendix A pursuant to Section 201 of these Guidelines. If the NOA includes any local agency conditions or restrictions regarding development, such conditions or restrictions must be reviewed by HCD prior to the initiation of negotiations with any interested and qualified developer.
(b
) Post- Negotiation Notice and Proposed Disposition Summary: A proposed disposition summary must be sent to HCD on Appendix B at the conclusion of negotiations for the disposition of surplus land.
(1
) Prior to finalizing any agreements or disposing of any surplus land, the local agency shall provide to HCD a description of the NOAs sent, a description of the negotiations conducted with any responding entities, including any non-solicited expressions of interest in regard to the disposal of the surplus land, and a copy of any restrictions to be recorded against the property pursuant to Government Code Sections 54233 or 54233.5, whichever is applicable, in a form prescribed by HCD in Appendix B. A sample covenant/restriction is provided in Appendix C.
(2
) A local agency may submit this information to HCD after it has sent NOAs required by Government Code Section 54222 and concluded negotiations with any responding entities. Article V of these Guidelines provides details on HCD’s required review of this information.
(3
) If a local agency proposes to dispose of surplus land to an entity that does not have first priority and/or priority pursuant to Government Code Section 54227, the local agency is required to provide HCD an adequate written explanation.
(c
) A local agency shall provide HCD a copy of any restrictions to be recorded against the property pursuant to sections 202(d)(1)(B) and 300(b) of these Guidelines as an attachment to Appendix B.
(d
) A local agency that is a city, county, or city and county shall submit an APR pursuant to Government Code 65400 including the following information:
(1
) A central inventory of all surplus land and all lands as of December 31 in excess of the local agency’s foreseeable needs, if any, identified pursuant to Government Code Section 50569. Beginning in 2021, this inventory is to be submitted to HCD by April 1 of each year. This inventory will become part of the APR as Table H.
Please reference Section 601 for web links which detail APR and Housing Element requirements.
25 25
(2) Jurisdiction-owned sites identified in the housing element sites inventory subsequently disposed of by the jurisdiction in Table G of the Housing Element APR.
(e
) Notice of Exemption Determination: A local agency that determines that property is exempt from the SLA shall support such a determination with written findings and shall provide a copy of the written determination to HCD at least 30 days prior to disposition.
(1) A copy of the resolution declaring the property exempt surplus land that includes written findings supporting such a declaration will generally be considered sufficient documentation to meet this requirement. (2) Local agencies are encouraged to notify HCD at [email protected] prior
to having the resolution approved in order to clarify whether land should be declared “surplus land” or “exempt surplus land”.”
N
ote: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 50569, Section 54221, Section 54222, Section 54230.5, Section 54233, Section 54233.5, Section 65400.
26 26
ARTICLE V. PERFORMANCE MONITORING AND PENALTIES
S
ection 500. HCD Monitoring, Recording, and Reporting
(a) Initiation of Monitoring. Beginning on January 1, 2021, HCD shall initiate monitoring of local agency compliance with certain requirements imposed by the SLA.
(b) Educational Materials and Technical Assistance. To assist agencies with SLA compliance, HCD will from time to time make available educational resources and materials regarding the SLA and these Guidelines to local agencies and the public.
(c) HCD Findings:
(1) Review: HCD shall review the information submitted by a local agency pursuant to Section 400 of these Guidelines.
(2) Notice of Violation (NOV): HCD shall consider and make findings on whether the local agency’s proposed sale or lease of the surplus land will violate the SLA and these Guidelines. If HCD determines that the proposed sale or lease will violate the SLA, HCD shall make written findings and provide them to the local agency within 30 days of receipt of the local agency’s submittal of all of the following: (i) a description of the notices of availability sent; (ii) a description of the negotiations conducted with any responding entities in regard to the disposal of the surplus land; and (iii) a copy of any restrictions to be recorded against the surplus land pursuant to Health and Safety Code Section 54233 or 54233.5, whichever is applicable, in a form prescribed by HCD (collectively “Complete Submittal”) HCD’s 30-day response period will not begin to run until HCD receives the Complete Submittal. HCD shall provide the local agency at least 60 days from the date that HCD sends the NOV to respond to the NOV before taking any other action.
(d) The local agency shall consider HCD’s written findings made pursuant to Section 500(c) and shall do one of the following:
(1) Correct any issues identified by HCD.
(2) Provide written responses to HCD prior to disposition of the surplus land explaining how its process for disposing of surplus land complies with the SLA and addressing each of HCD’s written findings.
(e) HCD shall evaluate any written responses provided by the local agency pursuant to Section 500(d) to determine whether the local agency’s findings are deficient in addressing the issues identified by HCD.
N
ote: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 54230.5
S
ection 501. Penalties
(a) Local agency’s failure to adequately respond to HCD. 27 27
(1) If the local agency does not correct all the issues identified by HCD’s written findings or does not provide written findings explaining the reason its process for selling or leasing surplus land complies with the SLA, HCD shall notify the local agency and may notify the Attorney General that the local agency is in violation of the SLA. HCD may seek to enforce the SLA and pursue remedies, including, but not limited to, injunctive or declarative relief.
(2) If the local agency provides written findings explaining the reason its process for selling or leasing surplus land complies with the SLA, but HCD determines that the findings are deficient pursuant to Section 500(e), HCD shall notify the local agency and may notify the Attorney General that the local agency is in violation of the SLA. HCD may seek to enforce the SLA and pursue remedies, including, but not limited to, injunctive or declarative relief.
(b) Local agency’s violation of surplus land disposition requirements; administrative penalties.
(1) A local agency that disposes of land in violation of the SLA after receiving a NOV from HCD is in violation of the SLA pursuant to HCD’s review as described in Section 500(c).
(2) A local agency shall have 60 days from the date of the NOV to cure or correct an alleged violation before an action may be brought to enforce Government Code Section 54230.5, including penalties pursuant to Section 501(b)(3) of these Guidelines, unless the local agency disposes of the land before curing or correcting the alleged violation.
(3) If the local agency fails to correct the violation within 60 days from the date of the NOV, an administrative penalty of 30 percent of the final sale price of the land sold in violation of the SLA, or 50 percent for each subsequent violation, shall be invoiced by HCD to the local agency.
(4) Upon receipt of HCD’s invoice, the local agency may appeal the penalty assessment to HCD’s Director by submitting to the Director a written appeal. The written appeal shall be limited to a statement of relevant facts, arguments, and evidence demonstrating the error of law, procedure, or fact upon which the appeal is based. Pursuant to statute, penalties are mandatory in the absence of such error and cannot be waived or modified for grounds not stated in Government Code Title 5, Division 2, Part 1, Chapter 5, Article 8.
(5) Once the written appeal is submitted to the Director, HCD may request but is not required to accept additional information or materials for consideration. Appeals are to be submitted to the Director at the following address:
C
alifornia Department of Housing and Community Development Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, California 95833
28 28
(6) The Director will accept appeals delivered through a carrier service such as the U.S. Postal Service, UPS, FedEx, or other carrier services that provide date stamp verification of delivery. Deliveries must be received during HCD’s weekday (non-state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time.
(7) Appeals must be received by the Director no later than thirty (30) business days from the date of HCD’s invoice of the assessed administrative penalty.
(8) The Director shall render the decision in writing within forty-five (45) business days after notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(9) The Director’s decision shall be HCD’s final decision.
N
ote: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Code Section 6250 et seq., Section 54222, Section 54230.5, Section 65589.5.
S
ection 502. Private Enforcement
(a) An entity identified in Government Code Section 54222, or a person who would have been eligible to apply for residency in any affordable housing developed, or a housing organization as defined in Government Code Section 65589.5, or any beneficially interested person or entity, may bring an action to enforce Government Code Section 54230.5.
(b) At least 30 days prior to bringing an action pursuant to subdivision (a) above, a notice of intent to enforce the SLA shall be provided to the local agency and to HCD, identifying the alleged violations of these Guidelines and/or the SLA.
(c) If HCD has not issued a NOV, HCD shall review the notice of intent to enforce the SLA and within 30 days notify the local agency if it must cure or correct the alleged violation in subdivision (b). The local agency shall have 60 days from receiving this notification from HCD to cure or correct the alleged violation before an action may be brought, unless the local agency disposes of the land before curing or correcting the alleged violation, or HCD deems the alleged violation not to be a violation in less than 30 days.
N
ote: Authority cited: Government Code Section 54230, subdivision (c), Section 54230.5, subdivision (b)(2)(D). Reference cited: Government Section 54222, Section 54230.5, Section 65589.5.
29 29
Appendix A – Notice of Availability Form
https://www.hcd.ca.gov/community-development/disaster-recovery- programs/docs/1.20.21.LS.SLA_TA_NoticeAvailability_CoverLetter.docx
https://www.hcd.ca.gov/community-development/disaster-recovery- programs/docs/SLA_TA_NoticeAvailability_PropertyDescription.xlsx
30 30
Appendix B – Description of Disposition Form
https://www.hcd.ca.gov/community-development/disaster-recovery- programs/docs/SLA_TA_DispositionDescriptionTemplate2.xlsx
31 31
Appendix C – Sample Covenant/Restriction
https://www.hcd.ca.gov/community-
development/docs/1.20.LS.SLA_TA_SampleCovenantRestriction.docx
32 32
Appendix D – HCD Survey to Indicate Interest in Surplus Land
H
ousing sponsors, as defined by Section 50074 of the Health and Safety Code, may notify HCD of their interest in surplus land pursuant to Section Government Code 54222(a)(1) using the survey at the link below:
h
ttps://www.surveymonkey.com/r/ZRCC3FL
Additional Update post 2021 Guidelines:
Assembly Bill No. 1180
CHAPTER 62
An act to amend Section 54221 of the Government Code, relating to local government.
[ Approved by Governor July 09, 2021. Filed with Secretary of State July 09, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1180, Mathis. Local governments: surplus land: tribes.
Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined.
Existing law defines “exempt surplus land” for which a local agency is not required to follow the requirements for disposal of surplus land, except as provided. Existing law categorizes as “exempt surplus land,” surplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use.
This bill would add to the definition of “exempt surplus land,” land transferred by a local agency to a federally recognized California Indian tribe.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
Section 54221 of the Government Code is amended to read:
54221.
As used in this article, the following definitions shall apply:
(a) (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.
(2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utilit y, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law. (b) (1) “Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.” (2) “Surplus land” includes land held in the Community Redevelopment Property Tru st Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. (3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226.
(c) (1) Except as provided in paragraph (2), “agency’s use” shall include, but not be limited to, land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or is disposed to support pursuant to subparagraph (B) of paragraph (2) agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants.
(2) (A) “Agency’s use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.
(B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpo se of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following:
(i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 where applicable.
(d) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.
(e) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code.
(f) (1) Except as provided in paragraph (2), “exempt surplus land” means any of the following:
(A) Surplus land that is transferred pursuant to Section 25539.4 or 37364. (B) Surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet 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. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. (C) Surplus land that a local agency is exchanging for another property necessary for the agency’s use.
(D) Surplus 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. (E) Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
(F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes:
(i) A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
(ii) A mixed-use developme nt that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordabl e sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. (G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation on the surplus land is not a lega l restriction that would make housing prohibited for purposes of this subparagraph.
Nothing in this article limits a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute. (I) Land that is subject to Sections 17388, 17515, 17536, 81192, 81397, 81399, 81420, and 81422 of the Education Code and Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code, unless compliance with this article is expressly required. (J) Real property that is used by a district for agency’s use expressly authorized in subdivision (c). (K) Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Hi ghways Code and has a minimum planned residential density of at least one hundred dwelling units per acre, and includes 100 or more residential units that are restricted to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. For purposes of this para graph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to persons and families of lower income as defined in Section 50079.5 of the Health and Safety Code.
(2) Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 prior to disposing of the surplus land, provided the land does not m eet the criteria in subparagraph (H) of paragraph (1), if the land is any of the following:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System. (C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
(D) Within the Lake Tahoe region as defined in Section 66905.5.
SURPLUS LANDS ACT
FULL TEXT AS CODIFIED BY STATE OF CALIFORNIA
Last Update: Effective September 23, 2021
Source: leginfo.legislature.ca.gov
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7]
( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 5. Property [54000 - 54262]
( Chapter 5 added by Stats. 1949, Ch. 81. )
ARTICLE 8. Surplus Land [54220 - 54234]
( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )
54220.
(a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose. (b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open- space purposes. This article shall not apply to surplus residential property as defined in Section 54236.
(c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere, and that lower income households are more likely to use transit when living near a major transit station than higher income households.
The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher density, mixed-use, and affordable development near major transit stations.
(Amended by Stats. 2019, Ch. 664, Sec. 1. (AB 1486) Effective January 1, 2020.) 54221.
As used in this article, the following definitions shall apply:
(a) (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.
(2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law.
(b) (1) “Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
(2) “Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. (3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226. (c) (1) Except as provided in paragraph (2), “agency’s use” shall include, but not be limited to, land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or is disposed to support pursuant to subparagraph (B) of paragraph (2) agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants. (2) (A) “Agency’s use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.
(B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following:
(i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 where applicable. (d) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. (e) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code. (f) (1) Except as provided in paragraph (2), “exempt surplus land” means any of the following:
(A) Surplus land that is transferred pursuant to Section 25539.4 or 37364. (B) Surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet 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. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. (C) Surplus land that a local agency is exchanging for another property necessary for the agency’s use.
(D) Surplus 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.
(E) Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
(F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes:
(i) A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
(ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. (G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.
(I) Land that is subject to Sections 17388, 17515, 17536, 81192, 81397, 81399, 81420, and 81422 of the Education Code and Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code, unless compliance with this article is expressly required.
(J) Real property that is used by a district for agency’s use expressly authorized in subdivision (c).
(K) Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least one hundred dwelling units per acre, and includes 100 or more residential units that are restricted to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. For purposes of this paragraph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to persons and families of lower income as defined in Section 50079.5 of the Health and Safety Code.
(2) Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 prior to disposing of the surplus land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land is any of the following:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System. (C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. (D) Within the Lake Tahoe region as defined in Section 66905.5. (Amended by Stats. 2021, Ch. 62, Sec. 1. (AB 1180) Effective January 1, 2022.) 54222.
Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land shall send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to all of the following:
(a) (1) A written notice of availability for the purpose of developing low- and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability of surplus land for the purpose of developing low- and moderate-income housing. All notices shall be sent by electronic mail, or by certified mail, and shall include the location and a description of the property.
(2) The Department of Housing and Community Development shall maintain on its internet website an up-to-date listing of all notices of availability throughout the state.
(b) A written notice of availability for open-space purposes shall be sent:
(1) To any park or recreation department of any city within which the land may be situated.
(2) To any park or recreation department of the county within which the land is situated.
(3) To any regional park authority having jurisdiction within the area in which the land is situated.
(4) To the State Resources Agency or any agency that may succeed to its powers. (c) A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district in whose jurisdiction the land is located.
(d) A written notice of availability for the purpose of developing property located within an infill opportunity zone designated pursuant to Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located. (e) The entity or association desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s notice of availability of the land is sent via certified mail or provided via electronic mail.
(f) For the purposes of this section, “participating in negotiations” does not include the commissioning of appraisals, due diligence prior to disposition, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials.
(Amended by Stats. 2019, Ch. 664, Sec. 3. (AB 1486) Effective January 1, 2020.)
54222.3.
This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency. (Amended by Stats. 2019, Ch. 664, Sec. 4. (AB 1486) Effective January 1, 2020.) 54222.5.
An entity proposing to use the surplus land for developing low- and moderate- income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:
(a) The local agency that disposed of the property.
(b) A resident of a unit subject to this section.
(c) A residents association with members who reside in units subject to this section. (d) A former resident of a unit subject to this section who last resided in that unit. (e) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following:
(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2) Is able and willing to occupy that particular unit. (3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.
(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
(Added by Stats. 2014, Ch. 677, Sec. 2. (AB 2135) Effective January 1, 2015.) 54223.
(a) After the disposing agency has received a notice of interest from the entity desiring to purchase or lease the land on terms that comply with this article, the disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales price and terms or lease terms. If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the land may be disposed of without further regard to this article, except that Section 54233 shall apply.
(b) Residential use shall be deemed an acceptable use for the surplus land for the purposes of good faith negotiations with a local agency conducted pursuant to this article. Nothing in this subdivision shall restrict a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. Except as provided in subdivision (c), terms agreed to pursuant to the negotiations shall not do any of the following:
(1) Disallow residential use of the site as a condition of the disposal. (2) Reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or general plan requirements. (3) Require as a condition of disposal, any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria.
(c) Terms agreed to pursuant to the negotiations required by subdivision (a) may include limitations on residential use or density if, without the limitations, the residential use or density would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the operation or facilities of a local agency, and there is no feasible method to satisfactorily mitigate the impact.
(Amended by Stats. 2019, Ch. 664, Sec. 5. (AB 1486) Effective January 1, 2020.) 54224.
Nothing in this article shall preclude a local agency, housing authority, or redevelopment agency which purchases land from a disposing agency pursuant to this article from reconveying the land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law.
(Repealed and added by Stats. 1982, Ch. 1442, Sec. 6.)
54225.
Any public agency disposing of surplus land to an entity described in Section 54222 that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The payment period for surplus land disposed of for housing for persons and families of low and moderate income may exceed 20 years, but the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing.
(Amended by Stats. 2019, Ch. 664, Sec. 6. (AB 1486) Effective January 1, 2020.)
54226.
This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose. No provision of this article shall be applied when it conflicts with any other provision of statutory law. (Amended by Stats. 2019, Ch. 664, Sec. 7. (AB 1486) Effective January 1, 2020.) 54227.
(a) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which notice of available surplus land was given pursuant to this article, the local agency shall give first priority to the entity or entities that agree to use the site for housing that meets the requirements of Section 54222.5. If the local agency receives offers from more than one entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5. In the event that more than one entity proposes the same number of units that meet the requirements of Section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units. A local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets the requirements of Section 54222.5.
(b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose.
(Amended by Stats. 2019, Ch. 664, Sec. 8. (AB 1486) Effective January 1, 2020.) 54230.
(a) (1) On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.
(2) (A) Subject to subparagraph (C), each county and each city shall make a description of each parcel described in paragraph (1) and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
(B) The information reported pursuant to this paragraph shall include, but not be limited to, the following information with respect to each site:
(i) Street address, or similar location information.
(ii) Assessor’s parcel number.
(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.
(C) The Department of Housing and Community Development may, in its discretion, delay implementation of this paragraph until April 1, 2022. (3) Each county and each city, upon request, shall provide a list of its surplus land and excess land to an individual, limited dividend corporation, housing corporation, or nonprofit corporation without charge.
(b) The Department of Housing and Community Development shall provide the information reported to it by a city or county pursuant to paragraph (2) of subdivision (a) to the Department of General Services for inclusion in a digitized inventory of all state-owned parcels that are in excess of state needs. (c) The Department of Housing and Community Development may review, adopt, amend, and repeal standards, forms, and definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this subdivision are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
(Amended by Stats. 2020, Ch. 165, Sec. 2. (SB 1030) Effective September 25, 2020.) 54230.5.
(a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days.
(2) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
(3) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
(b) (1) Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be liable for the penalty imposed by subdivision (a) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description. (2) The Department of Housing and Community Development shall do all of the following:
(A) Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions.
(B) Review information submitted pursuant to paragraph (1). (C) Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article.
(D) Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(E) Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section. (3) (A) The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:
(i) Correct any issues identified by the Department of Housing and Community Development.
(ii) Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings.
(B) If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings, or if the Department of Housing and Community Development finds that the local agency’s findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article. (c) The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021.
(d) Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1.
(Amended by Stats. 2020, Ch. 370, Sec. 159. (SB 1371) Effective January 1, 2021. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
54230.5.
(a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days.
(2) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
(3) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
(b) (1) Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be liable for the penalty imposed by subdivision (a) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description. (2) The Department of Housing and Community Development shall do all of the following:
(A) Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions.
(B) Review information submitted pursuant to paragraph (1). (C) Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article.
(D) Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(E) Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section. (3) (A) The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:
(i) Correct any issues identified by the Department of Housing and Community Development.
(ii) Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings.
(B) If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings, or if the Department of Housing and Community Development finds that the local agency’s findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article. (c) The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021.
(d) Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Division 10 (commencing with Section 7920.000) of Title
1. (Amended by Stats. 2021, Ch. 615, Sec. 203. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
54230.6.
The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 2019, Ch. 664, Sec. 10. (AB 1486) Effective January 1, 2020.) 54231.
Land acquired by a local agency for highway purposes through the expenditure of funds allocated pursuant to Chapter 3 (commencing with Section 2100) of Division 3 of the Streets and Highways Code may be retained by the local agency, or transferred to another local agency, for public park and recreational purposes if the land is no longer necessary for highway purposes, and if the local agency having jurisdiction over such land determines that the use of such land for public park and recreational purposes is the highest and best use of the land. (Added by Stats. 1975, Ch. 852.)
54232.
Land retained or transferred for public park and recreational purposes pursuant to Section 54231 shall be developed within 10 years, and shall be used for at least 25 years, following such retention or transfer for such purposes in accordance with the general plan for the city or county in which the land is located. Otherwise, the land shall be sold by the local agency, and the funds received from the sale shall be used for highway purposes. If the land originally had been transferred for such purposes, it shall revert to the original acquiring local agency for such sale. (Added by Stats. 1975, Ch. 852.)
54233.
If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article, or if no entity to which a notice of availability was given pursuant to this article responds to that notice, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development on a form prescribed by the department.
(Amended by Stats. 2019, Ch. 664, Sec. 11. (AB 1486) Effective January 1, 2020.) 54233.5.
If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. This section shall not apply to projects as defined in subdivision (j) of Section 32121 of the Health and Safety Code. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development in a form prescribed by the department.
(Added by Stats. 2019, Ch. 664, Sec. 12. (AB 1486) Effective January 1, 2020.) 54234.
(a) (1) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2022. (2) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property related to the Metro North Hollywood Joint Development Project, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2024. (3) If a local agency, as of September 30, 2019, has issued a competitive request for proposals for the development of property that includes at least 100 residential units and at least 25 percent of the total residential units are restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that participated in the competitive request for proposals process, or the party’s successors or assigns, provided a disposition and development agreement for the property is entered into not later than December 31, 2024. A joint development involving multiple parcels shall meet the requirements of this paragraph so long as there was a single competitive request for proposals process and the joint development otherwise meets all the requirements listed in this paragraph. A “disposition and development agreement” means an agreement between the developer and the local agency that binds the developer to construct a specific development and the local agency to dispose of the property if permits and other entitlements for the project are obtained. This paragraph shall not apply to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long- range property management plan pursuant to Section 34191.5 of the Health and Safety Code. If the property is not disposed of pursuant to a qualifying disposition and development agreement before March 31, 2026, or if no disposition and development agreement is entered into before December 31, 2024, then future negotiations for and disposition of the property shall be subject to the provisions of this article.
(4) The dates specified in paragraphs (1) to (3), inclusive, by which the disposition of property must be completed shall be extended if the disposition of property, the local agency’s right or ability to dispose of the property, or a development project for which the property is proposed to be transferred, is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise, to the date that is six months following the final conclusion of such litigation.
(b) (1) With respect to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code, either for sale or retained for future development, this article as it existed on December 31, 2019, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, which take effect on January 1, 2020, shall apply to the disposition of that property if both of the following apply:
(A) An exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31, 2020.
(B) The disposition is completed not later than December 31, 2022. (2) If land described in paragraph (1) is the subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, the dates specified in paragraph (1) shall be extended to the date that is six months following the final conclusion of such litigation. (c) Nothing in this section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision (a) or (b). (Amended by Stats. 2021, Ch. 255, Sec. 4. (AB 175) Effective September 23, 2021.)
April 1, 2013 (Last Up-date following adoption of lists in 2006 and 2008)
PREVIOUS SURPLUS PROPERTY LIST
THE FOLLOWING PROPERTIES WERE PREVIOUSLY DECLARED SUPLUS BY THE CITY OF VALLEJO AND WERE POSTED ON THE CITY’S WEBASITE AS AVAILABLE
FOR SALE PURSUANT TO PRIOR SURPLUS LANDS ACT REQUIREMENTS IN PLACE IN 2013.
Address Description Area Status
1. Tennessee & Broadway Paved Parking Lot 26,211 Sq.
Ft. Available
2. 3rd & Lemon Street Vacant Unimproved Lot 20,881 Sq.
Ft. Available
3. 400 Contra Costa Improved Property 3,000 Sq.
Ft. SOLD
4. 415-419 Farragut Ave Vacant Unimproved Lot
(west parcel)
19,763 Sq.
Ft. Available
6 Fairgrounds Drive Vacant Unimproved Lot 18,706 Sq.
Ft. SOLD
7 Alden Street Vacant Unimproved Lot 5,000 Sq.
Ft. SOLD
8 Pueblo & Palou Street Vacant Unimproved Lot
(assemblage opportunity
1.52 Acres
(66,211
Sq.ft.)
Available
9 1456 Amador Street Improved Property
700 Sq, Ft.
Studio/5,000
Sq. Ft.Lot
SOLD
Interested parties were also invited to check with the City of Vallejo Planning Department located at 555 Santa Clara Street, Vallejo, CA 94590 (707-648-4326) and Building Division 707- 648-4315 ( www.ci.vallejo.ca.us ) regarding zoning, building restrictions, ultimate development process and current development activity in the area of the subject properties. A Purchase and Sales Agreement template was also provided for those interested in making an offer on one of these City properties.
ALL CITY OWNED PROPERTIES
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General locations for all
2022 Surplus Land
Date: 6/21/2022
3 1
2 --->
Fern
Pl
Fern
Pl
Tennesse e St
Fer
n P
l
Eldo
ra
do
St
Eldo
rado
St
Te nnes see St
Minuteman
Press
Byron St
Broadway St
Re o Aly
Alamed
a St
Ten ne ssee St
Broa
dw
ay St
China House
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Site 2
Surplus Land 2022
Date: 6/21/2022
2 Wat
erfront
Ave
6th St
Mare Island
Ferry Terminal
Ferry St
Nimi
tzAve
7th S
t
Railroa
d A
ve
Lo zi er Aly
Bu
tte St
Fl ori da St
Capitol S t
Caro lina St
Georgia St
Mar
e Island Way
Vallejo Ferry
Terminal
Mare I
sla
nd
W
ay
Lo zier Aly
Flor ida St
Cap ito l St
Virginia St
Indian Aly
Sacr
amen t
o
St
Ma
rin S
t
Hudson Al y
Car olin a St
Ki ssel A ly
York St
Jeffrey Aly
Georgia St
Cty of Vallejo's
Baylink Ferry
Vall
Main e St
M
ar
in
St
Mare Isla
nd Wa
y
Capitol S t
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Site 3
Surplus Land 2022
Date: 4/19/2022
Legend
Surplus Land
Vallejo City Limit
3 ACTION ITEM 9.C.
DATE: July 26, 2022
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE BUSINESS PORTION
OF THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
RECOMMENDATION
Designate a City of Vallejo voting delegate and voting alternate for the business portion of the Annual League of California Cities Conference.
REASONS FOR RECOMMENDATION
The League of California Cities' Annual Conference is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for noon on Friday, September 9 at the Long Beach Convention Center.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.
BACKGROUND AND DISCUSSION
The League of California Cities' 2021 Annual Conference is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting scheduled for Friday, September 9 at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. The voting policy for the League of California Cities states that each member city has a right to cast one vote on matters pertaining to League policy. Each city must designate a voting delegate and up to two alternates to cast votes during the League meeting. This action must be taken by the City Council, and the voting delegate form returned to the League's office by August 31, 2022.
FISCAL IMPACT
There is no fiscal impact associated with the designation. Voting delegates are expected to travel to the city of Long Beach to participate in the conference. Pursuant to the City Council's Travel and Expense Policy (2008), actual and necessary travel expenses, estimated at approximately $1,000 to $1,500 per person, are reimbursable if submitted in accordance with the policy.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. 2022 Voting Delegate Packet
Date: July 26, 2022
Subject: DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE BUSINESS PORTION
OF THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
T
O: City Managers and City Clerks
RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal
Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
I
n order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
P
lease complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • C
onference Registration Required. The voting delegate and alternates must be r
egistered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities
website. In order to cast a vote, at least one voter
must be present at the Business Meeting and in possession of the voting delegate c
ard. Voting delegates and alternates need to pick up their conference b
adges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name b
adges that will admit them into the voting area during the Business Meeting.
Council Action Advised by August 31, 2022
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
CITY ATTORNEY’S REPORT
July 26, 2022 – City Council Agenda
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb / VN
SUBJECT: Quarterly Report for FY 2021/2022, Fourth Quarter (April – June 2022)
The following list of projects, work , and statistics represents an overview of the work performed at the City Attorney’s Office during the fourth quarter of Fiscal Year 2021/2022. Some projects and items have been omitted due to their sensitive nature. If Counci lmembers or officials have any questions, please feel free to contact the City Attorney privately, as many of the below items are attorney-client privileged and, therefore, not appropriate for public discussion.
I. Litigation:
a. Number of Pitchess Motions served on the City this FY Quarter: 10 b. Number of Pitchess Motions served on the City this FY: 24 c. Summons & Complaints (New cases this FY Quarter): 3 (see below)
File Name Case # Served Date
City’s Counsel
Landcare USA, LLC v. City of Vallejo, et al. FCS058078 05/11/2022
Farrah Hussein, ACA
Root, Robert v. City of Vallejo, et al. FCS057746 06/13/2022
Farrah Hussein, ACA
Vallejo Sun, et al. v., City of Vallejo, et al. None/Rejected 06/21/2022
Katelyn Knight, ACA
d. Case Resolutions this FY Quarter: 3 (see below)
File Name Case # Resolved
City’s Counsel
DeRosa, Jack v. City of Vallejo FCS054570 04/01/2022
Kristoffer Jacob, DCA
Hussein, Emad v. City of Vallejo, et al. FCS055938 04/05/2022
Farrah Hussein, ACA
Lopez, Rodolfo v. City of Vallejo, et al. 2:20-cv-02432-TLN-AC 04/05/2022
Farrah Hussein, ACA
Mayor and Members of the City Council
Re: City Attorney’s Fourth Quarterly Report for FY 2021/2022 July 26, 2022 - City Council Agenda
e.
Summons & Complaints (New) Q4 – FY 21-22:
3 Summons & Complaints FY 21-22 to date 10
f. Total Active Litigation Cases: 63 (Lit – 43 and
NLP – 20)
II. Funds Recovered from Third Parties Q4 – FY 21-22: $96,341.43 (see details below)
Funds Recovered from Third Parties FY 21-22
to date:
$119,121.31