HomeMy WebLinkAboutR-11471 declaring certain real property as Exempt Surplus Land per Gov. Code Section 54221(b) (610 and 614 Monterey St, 972 Nipomo St, Parking Lot 14)R 11471
RESOLUTION NO. 11471 (2024 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 PURSUANT TO GOVERNMENT CODE
SECTION 54234
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 for which a local agency has entered into
an Exclusive Negotiating Agreement prior to September 30, 2019 and is disposed of prior
to December 31, 2027 (pursuant to recently enacted AB 480) is “exempt surplus” land
(Government Code Section 54234) (the “Grandfathering Exemption”); and
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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
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 as
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, the Grandfathering Exemption, codified in Section 54234 of the Act,
provides that if a local agency entered into an Exclusive Negotiating Agreement to
dispose of property before September 30, 2019, and the disposition is completed by
December 31, 2027, such property is “exempt surplus” and the provisions of the Act as it
existed on December 31, 2019, shall apply to the disposition of the property; and
WHEREAS, the City and SLO REP have been working diligently to identify deal
points for SLO REP’s lease of the Monterey Site, and it is reasonable to anticipate that
the City and SLO REP will be able to execute a lease by December 31, 2027, subject to
further Council consideration and action, in satisfaction of Section 54234.
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
54234, the City Council hereby declares that the Monterey Site is not necessary for the
City’s use and is “exempt surplus land” pursuant to the Grandfathering Exemption.
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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).)
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 Shoresman, seconded by Vice Mayor Pease, and
on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 23rd day of January 2024.
___________________________
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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1/24/2024 | 10:11 AM PST