Title
Facilities, a division of the Chief Administrative Office, recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 132-2025 authorizing the County to declare that the Placerville properties located at 6940 Perks Court (APN 327-130-18-100), 6910 Perks Court (APN 327-130-19-100), 6880 Perks Court (APN 327-130-20-100), and APN 327-130-79-100 (no address), which is directly in front of 6854 Perks Court, are all exempt surplus land per Government Code 54221(f)(1)(D); and
2) Authorize and appoint the Chief Administrative Officer or Assistant Chief Administrative Officer as the real estate negotiator on behalf of the County to enter into negotiations with the State of California or their designated representative for said properties.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The County purchased the four parcels between 2005 and 2007 to provide land for the Missouri Flat Interchange improvements which expanded the footprint of the original interchange. Three of the parcels were also used during the construction phase for staging equipment and modular office trailers that were used by the interchange construction management firm. With the construction phase long completed, the remaining portions of the four parcels have no further use. In addition, the 6940 Perks Court parcel still has buildings which are vacant and require frequent County maintenance.
The Surplus Land Act requires that before a local agency takes any action to dispose of property, the local agency must take formal action at a regular public meeting declaring that the land is surplus and not necessary for the agency’s use. Property shall be declared either “surplus land” or “exempt surplus land” as supported by written findings.
Property that qualifies as “exempt surplus land” is not subject to the Surplus Land Act disposition procedures. Per California Department of Housing and Community Development (HCD) Guidelines, a local agency that determines that property is exempt surplus land is required to provide a copy of the written determination to HCD at least 30 days prior to the disposition.
Property that is transferred to another local, State, or Federal agency for that agency’s use qualifies as “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(D). The potential transfer of these properties to the State of California for development as part of Executive Order N-06-19 Affordable Housing Development qualifies as “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(D).
A Resolution must be adopted by the Board and provided to the California Department of Housing and Community Development (HCD) for their concurrence. HCD will have 30 days to review the Resolution prior to the County’s relinquishment of the property to the State.
Sales of government surplus property is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15312.
ALTERNATIVES
The Board could choose not to adopt this Resolution; however, the County will be unable to transfer the land to the State.
PRIOR BOARD ACTION
Legistar file 19-0376 - April 2, 2019 - The Board found that the properties are not required for public use and declared the properties as surplus, directing direct staff to begin the process of sale or disposition of the properties.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no fiscal impact with declaring this property exempt surplus. Once the land is declared exempt surplus, staff will enter into negotiations with the State and return to the Board with a draft agreement for the transfer of the property. Any potential financial impact resulting in the agreement will be identified in that future staff report.
CLERK OF THE BOARD FOLLOW UP ACTIONS
The Clerk of the Board will obtain the Chair’s signature on the original Resolution.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Laura Schwartz, Assistant Chief Administrative Officer