HomeMy WebLinkAboutCC RESO 2023-148 Sale of Real Property 720 West 23rd StreetRESOLUTION NO. 2023 -148
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORI ING
THE SALE OF REAL PROPERTY KNOWN AS API:-118-0 AND DECLARING THE
PROPERTY IS NO LONGER NEEDED FOR CITY PURPOSES AND THAT SUCH
PROPERTY IS NON-EXEMPT UNDER THE SURPLUS LAND ACT.
WHEREAS, S, the City owns certain real property assets located at 720 West 23rd Street,
with Interstate 5 to the east of the site and Cleveland Avenue to its south known as APN: -
11 - 2 which is comprised of 1.27 acres; and
WHEREAS, EAS, the subject property is no longer needed for City purposes and can better
serve the City's redevelopment efforts along the San Diego Bay; and
WHEREAS, S, prior to the disposition of this property the Surplus Lands Act requires that
the property first be offered to affordable home developers or housing agencies, unless
otherwise exempt; and
WHEREAS, S, this property was formerly used in the early 1 0 's as a municipal and
industrial waste disposal site commonly known then as "Burn Dumps"; and
WHEREAS, S, in December 2000 the County Department of Environmental Health
("DEH')was appointed by the State of California to be the administering agency to mitigate
the adverse environmental conditions found on the subject property; and
WHEREAS, as part of the mitigation process DEH imposed a deed restriction that
runs with the land and binds all future land owners to the conditions of the deed restriction;
and
WHEREAS, section 4.01 (a) of the deed restriction strictly prohibits residential uses
on the subject property; and
WHEREAS, the Surplus Lands Act and its corresponding Guidelines exempts certain
properties where a validly imposed restriction is placed on the property that prohibits
residential development and where such restrictions are imposed by another agency having
authority of such matters; and
WHEREAS, S, the State's Housing and Community Development Department originally
agreed that the property was to be restricted, however, recently they determined that because
the property is located within the Coastal Zone, it does not qualify as exempt surplus land;
and
WHEREAS, the City must now send a Notice of Availability for open space purposes
to certain entities in compliance with Government Code Section 5 2 1 f 2 under the
Surplus Lands Act.
DOES
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA,
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Findings of Fact are as follows:
1. The subject property was used extensively for municipal and industrial waste disposal
throughout the early 1900's where waste was burned and then buried.
2. This waste is largely still buried onsite at shallow depths and would present a danger
to the health and safety of long-term residents if residential housing was allowed to
occur on the subject property.
3. By deed restriction, Document No. 2009-0261358 the DEH under Section 4.01 (a)
prohibits residential uses on the subject property.
4. The County of San Diego DEH is not an agency of the City of National City.
5. The Surplus Lands Act and its Guidelines normally exempts these properties under
Surplus Lands Act Guidelines Section 10 (b)(3)( .
6. The subject property is located in the Coastal Zone and does not qualify as exempt
surplus land and the City must send a Notice of Availability for open space purposes
to certain entities in compliance with Government Code Section 54 1(f)(2)(A).
7. The subject property is no longer needed or useful for City purposes,
8. Disposing of the subject property will aid in the City's efforts to enhance its bayfront
planning and economic goals.
Section 2: Based on the Findings of Fact set forth above, the City Council hereby
declares that the property is no longer needed for City uses and that the property is non-
exempt under the Surplus Lands Act.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 17th day of7Oet ber,
M•. ris
ATTEST:
SkeIle MMC, CityClerk
y pel,
APPROVED AS TO FORM:
Barry J. Sc ult City Attorney
2023
Passed and adopted by the City Council of the City of National City, California, on
October 17, 2023 by the following vote, to -wit:
Ayes: Bush, Rodriguez, Yamane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None,
AUTHENTICATED BY: RON MORRIS N
BY:
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the City of National City, California
MMC, City Clerk