HomeMy WebLinkAboutR-11445 declaring City-Owned Real Property Exempt Surplus Land per Government Code Section 54221(b) (APN 002-412-011, 002-412-012, 002-412-002 (portion) and 002-412-004 (portion))R 11445
RESOLUTION NO. 11445 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT
CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY
THE CITY LOCATED AT 610 AND 614 MONTEREY STREET, A
PORTION OF 972 NIPOMO STREET, AND A PORTION OF CITY
PARKING LOT NO. 14 IS NOT NECESSARY FOR THE CITY’S USE AND
IS EXEMPT SURPLUS LAND
WHEREAS, the City of San Luis Obispo is the owner in fee simple of that certain
real property located at 610 and 614 Monterey Street, a portion of 972 Nipomo Street,
and a portion of City Parking Lot No. 14 identified as Assessor’s Parcel Nos. 002-412-
011, 002-412-012, 002-412-002 (portion) and 002-412-004 (portion) (the “Monterey
Site”); and
WHEREAS, the City of San Luis Obispo is the owner in fee simple of that certain
real property located at 888 Morro Street and identified as Assessor’s Parcel No. 002-
321-003 (“Morro Site”); and
WHEREAS, pursuant to Section 54221(b) of the Surplus Land Act, Government
Code Sections 54220-54234 (the “Act”), agency-owned land must be declared either
“surplus land” or “exempt surplus land” prior to disposition of the land consistent with an
agency’s policies or procedures, including lease of the land; and
WHEREAS, “surplus land” is land owned in fee simple by the City for which the
City Council takes formal action in a regular public meeting declaring the land is surplus
and is not necessary for “agency use”; and
WHEREAS, the Act provides that “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, provided that “agency’s
use” shall not include commercial or industrial uses or activities, including
nongovernmental retail, entertainment, or office development; and
WHEREAS, under the Act, surplus land that a local agency is exchanging for
another property necessary for the agency’s use is “exempt surplus” land; and
WHEREAS, the Act provides that the City may dispose of property declared
“exempt surplus” land without further regard to the requirements of the Act; and
WHEREAS, from November 1992 through the present, the San Luis Obispo
Repertory Theatre (“SLO REP”), a long-standing community partner, has held a lease of
the City-owned facilities located at the Morro Site for use as an interim theater location
pending identification of a permanent location and adequate funding for construction of
new theater facilities; and
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WHEREAS, the Morro Site has long been identified as a location necessary to
accommodate the City’s expanding workforce and operations and the City’s planned use
of the Morro Site is documented in the City Council adopted Facilities Master Plan (2018),
which identifies the Morro Site as a future expansion/annex to City Hall for ongoing public,
municipal uses; and
WHEREAS, the Monterey Site is not needed for “agency use” by the City a s
defined by the Act; and
WHEREAS, at its December 4, 2018, meeting, pursuant to Section 475 of the
City’s Financial Management Manual, the City Council authorized staff to enter into an
exclusive negotiating agreement with SLO REP dated May 22, 2019, for the purpose of
negotiating the terms and conditions of an agreement for a ground lease of the Monterey
Site for SLO REP as a permanent site to construct and operate a new theater building, in
turn making the Morro Site available for the City’s re-use; and
WHEREAS, Section 54234 of the Act provides that if a local agency, as of
September 30, 2019, has entered into an exclusive negotiating agreement to dispose of
property, the provisions of the Act as it existed on December 31, 2019, shall apply to the
disposition of the property provided the disposition is completed no later than December
31, 2022; and
WHEREAS, the City and SLO REP have been working diligently to identify deal
points for SLO REP’s lease of the Monterey Site, but due to the prolonged duration of the
COVID-19 pandemic and pertinent City staff’s attention to responsibilities required by the
City’s emergency response, the parties were unable to execute a lease by December 31,
2022 in satisfaction of Section 54234; and
WHEREAS, the Monterey Site is nonetheless “exempt surplus” as defined by the
Act because it is being exchanged for the Morro Site, which is necessary for the City’s
use.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
SECTION 2. Findings. Pursuant to Government Code Sections 54221(b) and
54221(f)(1)(C), the City Council hereby declares that the Monterey Site is not necessary
for the City’s use and is “exempt surplus” land because the City’s use of the Monterey
Site is being exchanged for its re-use of the Morro Site to accommodate ongoing and
expanded municipal operations.
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SECTION 3. Environmental Review. The passage of this resolution will not
cause a direct physical change in the environment, nor a reasonably foreseeable indirect
physical change in the environment, and therefore, this action does not constitute a
“project” under the California Environmental Quality Act (“CEQA”). (CEQA Guidelines §
15378(a).) The Final Environmental Impact Report (FEIR) for the Palm Nipomo Parking
Structure Project (now called the Cultural Arts District Parking Structure) was certified by
City Council in July 2018 (SCH # 2017051011) and subsequently amended in July 2019.
SECTION 4. City staff are hereby authorized and directed to provide a copy of this
Resolution to the California Department of Housing and Community Development
(“HCD”) in the form and manner required by HCD at least 30 days prior to the disposition
of the Monterey Site.
Upon motion of Council Member Francis, seconded by Vice Mayor Marx, and on
the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of September 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington, City Clerk
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9/7/2023 | 7:59 AM PDT