To: Sonoma County Board of Supervisors
Department or Agency Name(s): General Services
Staff Name and Phone Number: Johannes J. Hoevertsz, General Services: 707-565-2550
Vote Requirement: Majority
Supervisorial District(s): Fifth
Title:
Title
Resolution Declaring Certain County Owned Parcels in Forestville as Surplus Land and Intent to Sell
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Recommended Action:
Recommended action
A) Notice of Intent to Adopt a Resolution to declare certain real property located at Terrace Drive, Forestville, Sonoma County, California (APN: 081-150-049, 081-150-052, and 081-150-088) as surplus land pursuant to Gov’t Code Section 54220 et seq. (“Surplus Land Act”) and provide for Terms and Conditions under which the sale shall be conducted.
B) Authorize the Director of General Services to provide notification that the County intends to sell the surplus property as required by the Government Code Section 54220 of the State of California, and to negotiate and execute a real property purchase agreement and complete other steps or documents reasonably required to effect said sale, subject to final approval of the Board of Supervisors.
(Fifth District)
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Executive Summary:
Purpose. The General Services Department requests that certain County-owned real property located on Terrace Drive, Forestville, Sonoma County, California (APN: 081-150-049,
081-150-052, and 081-150-088) be declared as exempt surplus land and, further, that the intention to sell such property be declared. Disposing of the property will enable the County to generate revenue both from the sale of surplus land and from future property tax proceeds, and eliminate liability as to the property and recurring vegetation management responsibility and costs.
Discussion:
The General Services Department seeks to surplus certain real property located on Terrace Drive, Forestville, Sonoma County, California (APN: 081-150-049, 081-150-052, and 081-150-088). The property is not currently used nor do any plans exist to use the parcels for governmental or other public purposes. Under Government Code Section 54220 et seq. (“Surplus Land Act”), the County must consider sale of parcels for which there is no governmental or other public use. The County is required to annually review the property portfolio and identify properties that could be sold if there is no identified governmental use. The properties in Forestville were identified through the annual review process in 2018, but competing work in the General Services Real Estate division did not allow sufficient resources to progress the surplus process.
An adjacent property owner has expressed interest in acquiring the subject properties from the County.
In December 2020, the General Services Department hired the appraisal firm Ward Levy to conduct a formal appraisal of five parcels on Terrace Drive in Forestville, of which the three subject parcels were included. The appraisal described each parcel as being of limited value due to, among other factors, moderate to steep sloping topography. Given these slopes, the small individual lot sizes, and the need to develop on-site septic systems that would require cost-intensive engineering, the appraisal report concluded that “in all likelihood the lots would not be developable individually, with the highest and best use of each of the individual subject parcels as vacant land to augment the privacy and lot size of an adjacent owner's property.”
On October 8, 2021, the General Services Department, with Board approval received on September 28, sold two of the five appraised parcels that qualified as “exempt surplus land” under the Surplus Land Act because they were each under 5,000 square feet and were sold to a contiguous landowner. The three remaining subject parcels were retained by the County as they were determined not to qualify as “exempt surplus land,” meaning they are each either over 5,000 square feet or not contiguous to the purchaser’s property.
The General Services Department requests that the remaining three appraised parcels, (APN: 081-150-049, 081-150-052, and 081-150-088) be declared as surplus land and further declare the intention to sell such property. The Department further seeks authorization for the Director of General Services to provide notification the County intends to sell the surplus property as required by the Surplus Lands Act (Government Code Section 54220 et seq.) and negotiate with any entities that express an interest in acquiring the property. If those negotiations do not produce a purchase or disposition agreement, such as a lease, then the Director would proceed to complete other steps or documents reasonably required to effect said sale, including the negotiation and execution of a purchase agreement with a third party, subject to final approval of the Board of Supervisors.
Resolution. The proposed Resolution Declaring Certain County Owned Parcels in Forestville as Surplus Property and Intent to Sell contains the following:
1. Declaration of Surplus Property. The Properties are declared to be “surplus land pursuant to Gov’t Code Section 54220 et seq. (“Surplus Land Act”).
2. Authorization to Conduct a Surplus Sale of the Property, Subject to Final Board Approval. Pursuant to California Government Code Section 54220, the Board of Supervisors authorizes the Director of the General Services (the “Director”) to provide a notice of availability as required by the Government Code Section 54220 of the State of California, and to negotiate and execute a real property purchase or disposition agreement, such as a lease, and complete other steps or documents reasonably required to effect said sale, subject to final approval of the Board of Supervisors.
3. Authorization to Execute Purchase Agreement. The Director is hereby authorized to negotiate and execute a real property purchase or disposition agreement, such as a lease, in accordance with the Surplus Lands Act or, if the Property does not sale according to the process of the Surplus Lands Act, conduct a sale under Government Code Section 25526.5, in form approved by County Counsel. Any such agreement shall contain a contingency for final approval of the Board of Supervisors as required by Government Code Section 54220 and County Code 2-153.
4. Authorization to Execute Other Documents and Complete Other Steps Reasonably Required to Dispose of the Properties. The Director is hereby authorized to prepare escrow instructions, execute other documents, and take other steps reasonably required to effect said sale, subject to approval in form by County Counsel, and contingent upon final approval by the Board of Supervisors.
5. Directions to Post Notice. The Director is directed to send via certified mail a Notice of Availability and follow the negotiation process in accordance with Government Code Section 54220 et seq., and provide any other notices required by law.
6. California Environmental Quality Act (“CEQA”). The sale of property pursuant to the surplus procedures set forth in Government Code section 54220 et al. is categorically exempt from CEQA unless the property proposed for sale is located in an “area of statewide, regional, or area wide concern” identified in CEQA Guidelines section 15206(b)(4) or other exception applies. The subject properties are not located in any of the listed critical environmentally sensitive area of statewide, regional, or area wide concern. Further, the proposed surplus sale does not commit the County to a particular course of action regarding the development of the properties. Thus, the disposal of the properties is exempt under CEQA, including under CEQA Guidelines sections 15061(b)(3) and 15352. The Board hereby directs staff to post a notice of exemption.
Project Costs and Construction Schedule. None. County intends to sell the subject properties “as is”.
Procedural Authority.
Government Code Section 25526.5, Government Code Section 54220 et seq., and County Code 2-150 et seq.
Strategic Plan:
N/A
Prior Board Actions:
None
Fiscal Summary
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Expenditures |
FY 21-22 Adopted |
FY22-23 Projected |
FY 23-24 Projected |
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Budgeted Expenses |
$10,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$10,000 |
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Funding Sources |
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General Fund/WA GF |
$10,000 |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$10,000 |
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Narrative Explanation of Fiscal Impacts:
It is anticipated that any County costs such as escrow fees incurred in sale of the parcels will be covered by sale proceeds. There are sufficient appropriations in the General Services budget to cover costs, and no budgetary adjustments are being requested at this time.
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Staffing Impacts: None |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
1 - Resolution
2 - Subject Property Photographs
3 - Subject Property Location Maps
Related Items “On File” with the Clerk of the Board:
None