HomeMy WebLinkAboutE-9 Staff Report - Declaration of Surplus Land APN 8684013909 and 923CONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: SEPTEMBER 20, 2020
SUBJECT: DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – APN: 8684-
013-909, IN THE CITY OF AZUSA, CALIFORNIA, COUNTY OF LOS ANGELES;
AND DECLARING THAT THE PROPERTY IDENTIFIED AS ASSESSOR’S PARCEL
NUMBER 8684-013-923 IN THE CITY OF AZUSA, CALIFORNIA, COUNTY OF LOS
ANGELES IS NOT SURPLUS LAND
BACKGROUND & ANALYSIS:
The Property
The City of Azusa (“City”) owns and controls real property located in the northerly portion of the City,
north of Mountain View Circle and West Sierra Madre Avenue (the “Property”). It is identified as
Assessor’s Parcel Numbers (APNs) 8684-013-909 and 8684-013-923 which consist of 3.59 acres and 9.43
acres of land. The zoning designation for the subject property is Recreation, its General Plan Land Use
Designation is also Recreation, and it is shown on the following map:
APPROVED
CITY COUNCIL
9/20/2021
Declaration of Surplus Property – APN: 8684-013-909
September 20, 2021
Page 2 of 4
AB 1486 / Surplus Land Act
The California Surplus Land Act (Government Code § 54220 et seq.) (the “Surplus Land Act”) requires
all local agencies to prioritize affordable housing, as well as parks and open space when disposing of
surplus land. The Property is in an area of the City not characterized by housing development.
Nevertheless, in order to proceed to an eventual lease of the propert y, it is necessary to comply with the
Surplus Land Act.
New legislation (AB 1486) which took effect on January 1, 2020 significantly amended the Surplus Land
Act to require that before a local agency takes any action to dispose of land, the land must be declared
either “surplus land” or “exempt surplus land,” as supported by written findings. “Surplus land” means
the land owned by a 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. The
City must take formal action declaring the subject City-owned property is surplus property. Adoption of
the attached Resolution would declare the subject propert y as surplus land.
New legislation (AB 1486) which took effect on January 1, 2020 significantly amended the Surplus Land
Act to require that before a local agency takes any action to dispose of land, the land must be declared
either “surplus land” or “exempt surplus land,” as supported by written findings. “Surplus land” means
Declaration of Surplus Property – APN: 8684-013-909
September 20, 2021
Page 3 of 4
the land owned by a 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.
The 8684-013-909 parcel meets the definition of surplus land and is no longer necessary for the City’s
use. The City must take formal action declaring the subject City-owned property is surplus property.
Adoption of the attached Resolution would declare the subject property as surplus land. Alternatively, the
8684-013-923 parcel is not surplus land, because it continues to be necessary for the City’s use, namely
as a site for various pieces of water infrastructure. The attached resolution, if adopted, would also declare
the 923 parcel as not being surplus.
Upon the City’s determination that the 8684-013-909 property is surplus land, the procedures set forth in
Government Code Section 54220 et seq. must be followed. Those procedures require the City to offer the
surplus land to certain public entities for a period of 60 days by transmitting a written notice of availability
to those entities, including:
1. For the purpose of developing low and moderate income housing, a written notice of
availability of the surplus land shall be sent to any “local public entity” as defined in Health
and Safety Code 50079 within whose jurisdiction the surplus land is located and to “Housing
Sponsors” that have notified the California Department of Housing and Community
Development (HCD) of their interest in surplus land.
2. For open space purposes, a written notice of availability of the surplus land shall be sent to
local park districts.
3. For the purpose of use by a school district for school facilities construction or open space
purposes, a written notice of availability of surplus land shall be sent to the Azusa Unified
School District.
4. To any other public entities with jurisdiction over the parcels of surplus land a written notice
of availability.
If the City receives a correspondence expressing interest from any of the above entities after transmitting
a written notice of availability, the City is required to enter into good faith negotiations concerning the
price and terms of disposition with that entity for a period of 90 days. If the price and terms cannot be
agreed upon after 90 days (or if no entity gives notice of interest), the City may dispose of the surplus land
without further regard to the surplus land procedures, subject to provisions in the Surplus Land Act
requiring the recording on title of an affordability covenant in the event more than ten (10) units of
residential housing are ever developed on the subject property.
RECOMMENDATION:
Find that the declaration of surplus property is exempt from environmental review pursuant to the
California Environmental Quality Act; and adopt a Resolution No. 2021-C43 declaring that the property
identified as APN: 8684-013-909 is surplus land and is no longer necessary for the City’s use, that the
property identified as APN: 8684-013-923 is not surplus land, approving the form of Notice of Availability
attached to the resolution, and directing the City Manager to follow the procedures set forth in the Surplus
Land
Declaration of Surplus Property – APN: 8684-013-909
September 20, 2021
Page 4 of 4
Act, California Government Code Section 54220, et seq., as amended by AB 1486, for the lease of surplus
land.
ENVIRONMENTAL ANALYSIS
The action is exempt from environmental review pursuant to the California Environmental Quality Act
(Pub. Resources Code, § 2100 et seq.) and State CEQA Guidelines (Cal. Code Regs. Tit. 14, §15312)
which applies to the declaration and sale of surplus government property.
FISCAL IMPACT
There would be no fiscal impact related to this item.
Prepared by: Reviewed by:
Matt Marquez Marco Martinez
Economic and Community Development Director City Attorney
Fiscal Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager Attachments: 1) Resolution No. 2021-C43 2) Draft Notice of Availability
RESOLUTION NO. 2021-C43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DECLARING THAT THE PROPERTY IDENTIFIED AS ASSESSOR’S PARCEL
NUMBER 8684-013-909 IS SURPLUS LAND AND IS NO LONGER NECESSARY
FOR THE CITY’S USE; DECLARING THAT THE PROPERTY IDENTIFIED
AS ASSESSOR’S PARCEL NUMBER 8684-013-923 IS NOT SURPLUS LAND;
APPROVING THE FORM OF NOTICE OF AVAILABILITY; AND DIRECTING
THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN
THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION
54220, ET SEQ., AS AMENDED BY AB 1486, FOR THE SALE OR LEASE OF
SURPLUS LAND
WHEREAS, the City of Azusa (“City”) hereby finds, determines and declares as follows:
WHEREAS, the City owns and controls property located in the northerly portion of the City,
northeast of Mountain View Circle and West Sierra Madre Avenue, and adjacent to the City’s water
spreading grounds. The area is identified as APNs: 8684-013-909 and 8684-013-923 which consist of
approximately 3.59 acres and 9.43 acres of land, respectively (the “909 Parcel” and the “923 Parcel”
and together, the “Property”);
WHEREAS, the 909 Parcel is currently undeveloped, but the 923 Parcel has on it, one (1) large
water tank, wells, and other water infrastructure necessary for the City’s use;
WHEREAS, the Property’s zoning designation is Recreation and its General Plan Land Use
Designation is Recreation;
WHEREAS, the City intends to lease, and not sell, the 909 Parcel and a portion of the 923
Parcel;
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 (“AB 1486”), and
expanded the Surplus Land Act (Government Code section 54220 et seq.) (the “Surplus Land Act”)
requirements for local agencies prior to the disposition and disposal of any “surplus land”; and
WHEREAS, the 909 Parcel meets the definition of “surplus land,” is no longer necessary for
the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as
amended by AB 1486; and
WHEREAS, the 923 Parcel is not surplus land, because it continues to be necessary for the
City’s use – namely, as a site for various pieces of water infrastructure; and
WHEREAS, City staff will establish its fair market rent; and
WHEREAS, the lease proceeds and property tax generated may provide funding to enhance
City services.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF AZUSA, AS FOLLOWS:
Attachment 1
SECTION 1. The recitals set forth above are true and correct and are incorporated into this
Resolution by reference.
SECTION 2. The City Council hereby finds and declares that the 909 Parcel is no longer
necessary for the City’s use and is surplus land, as defined in section 54221 of the Surplus Land Act,
based on the true and correct written findings found in this Resolution and incorporated herein by
reference.
SECTION 3. The City Council hereby approves the form of Notice of Availability attached
hereto and authorizes the City Manager or designee to send such Notice of Availability of the 909
Parcel for lease, to negotiate the terms of a proposed lease of the 909 Parcel, to any beneficially
interested person or entity and to otherwise follow the procedures of the Surplus Land Act, as applicable
to a proposed lease of the 909 Parcel.
SECTION 4. The City Council hereby finds and declares that the 923 Parcel is not “surplus
land” as defined in the Surplus Land Act, because that land is necessary for the City’s use – namely, as a
site for various pieces of water infrastructure.
SECTION 5. Any proposed agreement for the lease of the Property shall be subject to the
approval of the City Council.
SECTION 6. The declaration of the 909 Parcel as surplus is exempt from environmental
review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines
section 15312 (Surplus Government Property Sales). However, if development was proposed on the
Property by a subsequent buyer or lessee, then that development would be reviewed under CEQA.
SECTION 7. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the City shall attest to and certify the vote adopting this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of September, 2021.
____________________________________
Robert Gonzales
Mayor
ATTEST:
____________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2021-C43 was duly adopted by the
City Council, at a regular meeting of said Agency held on the 20th day of September 2021, by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Marco Martinez
City Attorney
CITY OF AZUSA | ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT | (626) 812-5200
www.azusaca.gov
September 20, 2021
To All Interested Parties:
RE: Notice of Availability/Offer to Lease Surplus Property – APN: 8684-013-909
As required by Government Code Section 54220 of the State of California, the City of Azusa is
providing notification that the City intends to lease (and not sell) the surplus property listed in the
accompanying table.
In accordance with Government Code Section 54222, you have sixty (60) days from the date this
offer was sent via certified mail or electronic mail to notify the City of your interest in leasing the
property. However, this offer shall not obligate the City to lease the property to you. Instead, the
City would enter into at least ninety (90) days of negotiations with you pursuant to Government
Code Section 54223. If no agreement is reached on lease terms, the City may market the property
to the general public.
As required by Government Code Section 54227, if the City receives more than one letter of
interest during this 60-day period, it will give first priority to entities proposing to develop housing
where at least 25 percent of the units will be affordable to lower income households. If more than
one such proposal is received, priority will be given to the proposal with the greatest number of
affordable units. If more than one proposal specifies the same number of affordable units, priority
will be given to the proposal that has the lowest average affordability level.
In the event your agency or company is interested in leasing the property, you must notify the City
in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.
Notice of your interest in leasing the property shall be delivered to Matt Marquez, Director of
Economic & Community Development at 213 East Foothill Boulevard, Azusa CA, 91702. You may
also send your notice or questions to matt.marquez@azusaca.gov or by calling (626) 812-5236.
Entities proposing to submit a letter of interest are advised to review the requirements set forth
in the Surplus Land Act (Government Code Section 54220-54234).
Attachments (1):
1.Property Description Table
CITY OF AZUSA
ECONOMIC & COMMUNITY DEVELOPMENT
Attachment 2
2
CATEGORY RESPONSE
Jurisdiction Name Azusa
Jurisdiction Type City
Site Address/Intersection
No Address - Northeast of Mt. View Circle & W.
Sierra Madre Ave. & adjacent to City’s water
spreading grounds
City Azusa
5 Digit Zip Code 91702
County Los Angeles
APN 8684-013-909
Consolidated Sites N/A
General Plan Designation Recreation
Zoning Designation Recreation
Minimum Density Allowed
(units/acre) 0
Maximum Density Allowed
(units/acre) 0
Parcel Size (Gross Acres) 3.59
Existing Use/Vacancy Vacant
Minimum Rent Market Rent
Last Appraised Value No recent appraisal
Last Appraised Date No recent appraisal
Optional Information None