HomeMy WebLinkAboutItem No. 13 - Declare Certain SA Owned Land Surplus Sumner/Ellis Minthorn Site City of Lake Elsinore 130 South Main Street
Lake Elsinore,CA 92530
CITY OF OF www.lake-elsinore.org
LAKE LSINOR-E
DREAM
City Council Agenda Report
File Number: ID# 22-084
Agenda Date: 2/22/2022 Version: 1 Status:Approval Final
In Control: City Council/Successor Agency File Type: Successor Consent
Calendar
Agenda Number: 13)
Declare Certain Successor Agency-Owned Land Surplus (Sumner/Ellis Minthorn Site, APN
377-292-017) and Authorize the Executive Director to Send A Notice of Availability as to the
Surplus Land
Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING CERTAIN SUCCESSOR-AGENCY
OWNED REAL PROPERTY TO BE SURPLUS PURSUANT TO THE SURPLUS LAND ACT (GOV
CODE § 54220 ET SEQ.).
City of Lake Elsinore Page 1 Printed on 211712022
CITY OF
LADE L� LSINOP E
DREAM EXTREME-
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To: Honorable Chair
and Members Of The Successor Agency
From: Jason Simpson, Executive Director
Date: February 22, 2022
Subject: Declare Certain Successor Agency-Owned Land Surplus (284 Ellis Street,
APN 377-292-017) and Authorize the Executive Director to Send Notices of
Availability as to the Surplus Lands
Recommendation
Adopt a Resolution of the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore Declaring that Certain Successor Agency-Owned Real Property to be Surplus Pursuant
to the Surplus Land Act (Gov. Code § 54220 et seq.)
Background
1. Ellis Site:
In 1994, the former Redevelopment Agency of the City of Lake Elsinore acquired a 0.21 acre
parcel with a common address of 284 Ellis Street and otherwise identified as APN 377-292-017
(the "Ellis Site").
In 2011, the California Legislature enacted Assembly Bill 1x26 to eliminate redevelopment
agencies. In January 2012, the City of Lake Elsinore elected to serve as the Successor Agency
to the former Redevelopment Agency. As part of that dissolution process, the Successor
Agency became successor in interest to certain properties formerly owned by the
Redevelopment Agency, including the Ellis Site.
2. Surplus Land Act:
The Ellis Site is the last remaining property owned by the Successor Agency that will be offered
for sale and the Successor Agency is ready to engage in discussions regarding proposed uses
and disposition. However, for those discussions to progress, the Successor Agency must also
satisfy additional State law requirements. Beginning in January 2021, properties like the Ellis
Site became subject to the California Surplus Land Act. The Surplus Land Act defines surplus
land broadly as "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 not necessary for the agency's use." (Gov. Code § 54221(b)(1).)
In addition to requiring a formal declaration of surplus for nearly any disposition of a local
agency's land, Assembly Bill 1486 made various amendments to the Surplus Land Act
concerning the process for disposition of surplus land by cities and other local agencies.
These new laws became effective January 1, 2020 with a primary intent to prioritize and
facilitate development of affordable housing around the State. The California Department of
Declaration of Surplus Property
February 22, 2022
Page 2
Housing and Community Development (HCD) Is charged with the oversight and enforcement
of the surplus property inventory and notification process.
The new law requires that any land "not necessary for the agency's use" be declared surplus
prior to disposition of the land. Any land that is declared as surplus must be noticed to other
public agencies and prospective affordable housing developers that have registered with HCD
prior to any solicitation or negotiation with other developers or interested parties.
Noticed agencies and registered housing developers have 60 days from the date of notice to
express interest in the property and 90 days to complete good-faith negotiations. If terms are
not agreed upon between the interested party and the Successor Agency within this 90-day
period of good faith negotiations, the Successor Agency may negotiate with any other
developers or interested parties for the disposition of the surplus land.
Discussion
This section further describes the property the Successor Agency owns that staff recommends
be designated as surplus land. The property is listed in Table 1, illustrated in Figure 1, and are
discussed in more detail below.
Table 1: Potential Surplus Land
Site Name Assessor Parcel Address/Location
Number(s) •
Ellis Site 377-292-017 284 Ellis Street 0.21 Declare Surplus
Figure 1: Proposed Surplus Land
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Declaration of Surplus Property
February 22, 2022
Page 3
• Ellis Site — This site was originally acquired by the former Redevelopment Agency as
part of a structure abatement proceeding for eliminating blight in the redevelopment
project area. The current zoning designation is for high density residential. Staff
recommends declaring this site surplus.
As part of the proposed action, staff also seeks authorization for the Executive Director to send
out written notices of availability to appropriate public agencies and prospective affordable
housing developers, as designated by the new law. As noted above, recipients of the notice
would then have 60 days to indicate their interest in the purchase of the surplus land. If a
recipient timely express interest in the purchase, the Successor Agency must enter into good
faith negotiations for a period of not less than 90 days.
The Successor Agency would not be required to convey the land to the interested party. If terms
of sale are not agreed upon following the good faith negotiation, the land may be otherwise
disposed of or sold by the Successor Agency.
In addition, prior to any conveyance of the Ellis Site, the Successor Agency will seek approval
from the Oversight Board and California Department of Finance.
California Environmental Quality Act (CEQA)
The Successor Agency declaration that a parcel is surplus property is in compliance with a
statutory requirement and is not part of a project that has been identified, designed or funded.
No physical change in the environment would occur. The action is an administrative action that
would not result in direct or indirect physical changes in the environment and is not a project as
defined in CEQA. (CEQA Guidelines § 15378(b)(4); 15060(c)(3)).
Fiscal Impact
Proceeds from the sale of the Ellis Site may be used to meet the Successor Agency enforceable
obligations as "Other Revenues" through the ROPS process or may be allocated to the taxing
entities as determined by the County Auditor-Controller pursuant to Health and Safety Code
Section 34188.
Attachments
A— Resolution
RESOLUTION NO. SA-2022-
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE DECLARING CERTAIN
SUCCESSOR AGENCY-OWNED REAL PROPERTY TO BE SURPLUS PURSUANT
TO THE SURPLUS LAND ACT (GOV. CODE § 54220 ET SEQ.)
Whereas, the Surplus Land Act, Government Code Section 54220, et seq., defines
surplus property as land owned by any local agency that is not necessary for the agency's use;
and,
Whereas, staff has identified a certain site that may not be necessary for the Successor
Agency's use as defined in State law.
NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The certain Successor Agency-owned property, and any rights, title, and
interest therein, listed in the table below is declared surplus pursuant to Government Code
Section 54220 et seq.:
Address/LocationSite Name Assessor Parcel • •-
Number(s)
Ellis Site 377-292-017 284 Ellis Street 0.21 Surplus
Section 3: The aforementioned land is not necessary for the Successor Agency's use.
Section 4: The Executive Director or authorized designee is authorized to prepare and
send all notices required by State law related to the declaration of the above-identified surplus
property including, without limitation, notices of availability of the surplus property as provided for
by State law.
Section 5: The Successor Agency declaration that the aforementioned property is surplus
property is in compliance with a statutory requirement and is not part of a project that has been
identified, designed or funded. No physical change in the environment would occur. Accordingly,
the action herein is an administrative action that will not result in direct or indirect physical changes
in the environment and is not a project as defined in CEQA. (CEQA Guidelines § 15378(b)(4);
15060(c)(3)).
Section 6: This Resolution shall take effect immediately upon its adoption.
Reso. No. SA-2022-
Page 2 of 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency of
the Redevelopment Agency of the City of Lake Elsinore, held this 22nd day of February, 2022.
Timothy J. Sheridan, Chair
Successor Agency of the Redevelopment Agency
of the City of Lake Elsinore
Attest:
Candice Alvarez, MMC
Agency Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, Agency Secretary of the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore, do hereby certify that Resolution No. SA-2022- was
adopted by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, at
the regular meeting of February 22, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
Agency Secretary