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HomeMy WebLinkAboutReso 12-22 SLA reg 714 Embarcadero & 781 MarketRESOLUTION NO. 12-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY OF MORRO BAY, LOCATED AT 714 EMBARCADERO AND 781 MARKET STREET (APN: 066-321-025, 026, 027, 028 & APN: 066-112-007, APN 066-321-008) IS NON-EXEMPT SURPLUS LAND WHICH IS NOT NECESSARY FOR THE CITY'S USE; TAKING RELATED ACTIONS; AND AUTHORIZING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay ("City") is the owner in fee simple of that certain real property located at 714 Embarcadero and 781 Market Street (APN: 066-321-025, 026, 027, 028 & APN: 066-112-007, APN: 066-321-008) and as further identified on the Site Location Map in Exhibit A, attached hereto, and made a part of hereof (collectively "Property"); and WHEREAS, the Surplus Lands Act ("SLA") requires that before a local agency takes any action to sell or lease its surplus property, it must declare the property to be 'surplus land " and WHEREAS, "surplus land" means 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 such land is surplus and is not necessary for the agency's use; and WHEREAS, under the SLA land is necessary for the City's use if the land is being used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, and City staff has determined that the Property is not suitable for the City's use and WHEREAS, the Property does not qualify as exempt under the specific exemptions in the SLA, and the Property is, therefore, non-exempt under the SLA; and WHEREAS, in accordance with the SLA, the City must, among other requirements, give written notice of its availability to certain local agencies and housing sponsors that PAGE 1 OF 3 have notified the State Department of Housing and Community Development (HCD) of their interest in surplus property which list is on the HCD website; and WHEREAS, the City Council finds that the Property is surplus non-exempt land which is not necessary for the City's use as described in Government Code Section 54221(c)(1); and WHEREAS, the City intends to proceed to dispose of the Property in compliance with the SLA and directs the Staff to proceed accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: S ECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference. S ECTION 2. As the Property is zoned for Visitor Serving Commercial use, contains existing structures, has topographical constraints to development, City staff has evaluated the Property for its potential to be used for City work or operations and has determined that the Property is not suitable for the City's use, and the Property is not suitable for development or use of the City, the City Council hereby declares that the Property is not necessary for the City's use and is, therefore, surplus land; S ECTION 3. As the Property does not qualify under any of the exemptions set forth in the SLA, the City Council declares that the Property is non-exempt. S ECTION 4. The City Manager, officers and staff of the City are hereby authorized jointly and severally, to take all actions which the City Manager may deem necessary or proper to effectuate the purposes of this Resolution and to proceed with the disposition of the Property in compliance with the SLA subject to the City Council's approval of any sale agreement. S ECTION 5. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of February 2022 by the following vote: AYES' Headding, Addis, Barton, Heller NOES None ABSENT: None ABSTAIN: Ford DANA SWANSON, City Clerk JOHN EADDING;Mayor PAGE 2 OF 3 Exhibit A. Site Location Map for 714 Embarcadero Rd/781 Market St LEGEND Exhibit Parcels FH City Parcels Street Centerlines • Epp d Feet PAGE 3 OF 3