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HomeMy WebLinkAboutAgenda Report - April 19, 2017 C-20 PHTM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM '' 2 c AGENDA TITLE: Adopt Resolution Finding the Public Interest and Convenience Require the Sale of City -Owned Real Property Located at 705 East Lodi Avenue (Former Fire Station 2; APN 043-230-1 06) and the City's Intention to Sell the Property; and Set Public Hearing for May 17, 2017 to Receive Protests MEETING DATE: April 19, 2017 PREPARED BY: Business Development Manager RECOMMENDED ACTION: Adopt resolution finding the public interest and convenience require the sale of city -owned real property located at 705 East Lodi Avenue (former Fire Station 2; APN 043-230- 06) and the City's intention to sell the property; and set public hearing for May 17, 2017 to receive protests. BACKGROUND INFORMATION: At the January 31, 2017 Shirtsleeve meeting staff reviewed several underutilized City -owned properties with the Council in an effort to identify assets that may be candidates for disposition. Staff was directed to return to a regular meeting with a recommendation to sell the property located at 705 East Lodi Avenue (former Fire Station 2, hereinafter the "Property"). Since the December 2015 opening of the new Fire Station 2 facility located on Cherokee Lane, the Property has been primarily used for storage and is significantly underutilized. City does not foresee a public use or need for the Property in the near future. The Property consists of land approximately one acre in size and an approximately 6,000 square -foot building. Staff has been approached by several parties interested in purchasing the Property, most often citing the building and its location as the primary attractors. In order to ensure appropriate pricing and to determine the sale of City property does not constitute a gift of public funds, staff had the Property appraised by W.F. Bambas Appraisal Company. Information regarding the appraisal value will be provided to the Council in closed session at its May 17, 2017 meeting, and the Council shall determine if it will publicly disclose the value prior to proceeding with the competitive bid process. Following the May 17, 2017 public hearing to receive protests, and an affirmative four-fifths vote of the Council, staff will proceed to offer the Property for sale through an open competitive bid process. The Council may ultimately reject any or all bids, or accept that bid, which will, in its opinion, best serve the public interest. Staff recommends Council adopt a Resolution of its finding of public interest and convenience and intention to sell the Property, and to set May 17, 2017 as the date to receive protests to the proposed sale. In accordance with state law, if no protests are received, or if the Council overrules any protests by a four-fifths vote, efforts to offer the Property for sale can proceed on a four-fifths affirmative vote of its members (Government Code Section 37420-37430). FISCAL IMPACT: Sale of the subject property would generate new one-time revenue that could be used to augment existing revenue sources. The opportunity cost is APPROVED: `M�i�i1)� ilk_ ephen S` n: •suer, ity Manager unknown and is largely dependent upon the City's need for similar property in the future. FUNDING AVAILABLE: Not applicable. r Ada{ Bruc er Business Development Manager RESOLUTION NO. 2017-74 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS FINDINGS OF PUBLIC INTEREST AND CONVENIENCE AND INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING TO RECEIVE PROTESTS AND GIVING NOTICE THEREOF WHEREAS, Government Code § 37420 et seq., authorizes the City to dispose of City -owned property when it finds the public interest and convenience require the sale of any public building and site dedicated to a public use; and WHEREAS, in an effort to identify City -owned real property assets that may be candidates for disposition, at the January 31, 2017 City Council Shirtsleeve meeting staff reviewed several underutilized City -owned properties with the City Council; and WHEREAS, staff was directed by City Council to return to a regular meeting with a recommendation to sell the approximately one -acre property and its improvements located at 705 East Lodi Avenue (former Fire Station No. 2), which has been underutilized since the opening of the new Fire Station No. 2 facility on Cherokee Lane in December 2015; and WHEREAS, the City Council finds that the property located at 705 East Lodi Avenue has been primarily used for storage since December 2015, and such use is not necessary for City operations, does not fully utilize the property, and City does not foresee a public use or need for the property in the near future; and WHEREAS, the City Council finds public interest and convenience require the sale of the property located at 705 East Lodi Avenue; and WHEREAS, in order to ensure appropriate pricing and to determine the sale of City property does not constitute a gift of public funds, staff had the subject property appraised by W.F. Bambas Appraisal Company; and WHEREAS, sale of the subject property would generate new one-time revenue that could be used to augment existing revenue sources; and WHEREAS, if Council on four-fifths affirmative vote at the May 17, 2017 public hearing authorizes the sale of the subject property, staff will proceed with offering the subject property for sale through an open competitive bid process; and WHEREAS, following the bid process the Council may reject any or all bids, or accept that bid, which will, in its opinion, best serves the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth hereinabove are true and correct. 2. The City Council finds that the public interest and convenience require the sale of the approximately one -acre City -owned property located at 705 East Lodi Avenue (former Fire Station No. 2; Assessor's Parcel Number 043-230-06; the "Property"). 3. The City Council adopts this resolution of findings and intention to sell the Property in accordance with Government Code § 37420 et seq. 4. The time and place for the public hearing to receive written or oral protests to the intention to sell the Property, if any, are set for May 17, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. If no protests are received or the City Council overrules the protests by a four-fifths vote, it may take final action on a four-fifths affirmative vote of its members to proceed with the sale of the Property (Gov. Code §§37425 and 37426). 5. At any time prior to final action by the City Council authorizing the sale of the Property, any person interested may protest the proposed sale. The protest may be written and delivered to the City Clerk on or before the May 17, 2017 public hearing or made orally at the May 17, 2017 public hearing. The Council shall hear and pass upon any protest (Gov. Code §37424). 6. If adopted, this resolution shall be published by the City Clerk for circulation in the Lodi News Sentinel. This resolution shall also be posted for not less than ten (10) days in at least three (3) conspicuous places upon the Property (Gov. Code §37423). 7. This resolution shall take effect immediately upon its adoption by the City Council. Dated: April 19, 2017 I hereby certify that Resolution No. 2017-74 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 19, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JI NNIFER FERRAIOLO City Clerk 2017-74 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING - INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) PUBLISH DATE: SATURDAY, APRIL 22, 2017 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, APRIL 20, 2017 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK rn. PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at tp' time) on 4/410426) (pages) LNS Phoned to confirm receipt of all pages at (time) .EB PMF (initials) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City - owned real property located at 705 East Lodi Avenue (formerly Fire Station No. 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on April 20, 2017, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City - owned real property located at 705 East Lodi Avenue (formerly Fire Station No. 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at three locations on the property at 705 East Lodi Avenue. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 20, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ADAM B EI BUSINESS DEVELOPMENT MANAGER N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTat property.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2017-74 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS FINDINGS OF PUBLIC INTEREST AND CONVENIENCE AND INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING TO RECEIVE PROTESTS AND GIVING NOTICE THEREOF iw. n I T WHEREAS, Government Code § 37420 et seq., authorizes the City to dispose of City -owned property when it finds the public interest and convenience require the sale of any public building and site dedicated to a public use; and WHEREAS, in an effort to identify City -owned real property assets that may be candidates for disposition, at the January 31, 2017 City Council Shirtsleeve meeting staff reviewed several underutilized City -owned properties with the City Council; and WHEREAS, staff was directed by City Council to return to a regular meeting with a recommendation to sell the approximately one -acre property and its improvements located at 705 East Lodi Avenue (former Fire Station No. 2), which has been underutilized since the opening of the new Fire Station No. 2 facility on Cherokee Lane in December 2015; and WHEREAS, the City Council finds that the property located at 705 East Lodi Avenue has been primarily used for storage since December 2015, and such use is not necessary for City operations, does not fully utilize the property, and City does not foresee a public use or need for the property in the near future; and WHEREAS, the City Council finds public interest and convenience require the sale of the property located at 705 East Lodi Avenue; and WHEREAS, in order to ensure appropriate pricing and to determine the sale of City property does not constitute a gift of public funds, staff had the subject property appraised by W.F. Bambas Appraisal Company; and WHEREAS, sale of the subject property would generate new one-time revenue that could be used to augment existing revenue sources; and WHEREAS, if Council on four-fifths affirmative vote at the May 17, 2017 public hearing authorizes the sale of the subject property, staff will proceed with offering the subject property for sale through an open competitive bid process; and WHEREAS, following the bid process the Council may reject any or all bids, or accept that bid, which will, in its opinion, best serves the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth hereinabove are true and correct. 2. The City Council finds that the public interest and convenience require the sale of the approximately one -acre City -owned property located at 705 East Lodi Avenue (former Fire Station No. 2; Assessor's Parcel Number 043-230-06; the "Property"). 3. The City Council adopts this resolution of findings and intention to sell the Property in accordance with Government Code § 37420 et seq. 4. The time and place for the public hearing to receive written or oral protests to the intention to sell the Property, if any, are set for May 17, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. If no protests are received or the City Council overrules the protests by a four-fifths vote, it may take final action on a four-fifths affirmative vote of its members to proceed with the sale of the Property (Gov. Code §§37425 and 37426). 5. At any time prior to final action by the City Council authorizing the sale of the Property, any person interested may protest the proposed sale. The protest may be written and delivered to the City Clerk on or before the May 17, 2017 public hearing or made orally at the May 17, 2017 public hearing. The Council shall hear and pass upon any protest (Gov. Code §37424). 6. If adopted, this resolution shall be published by the City Clerk for circulation in the Lodi News Sentinel. This resolution shall also be posted for not Tess than ten (10) days in at least three (3) conspicuous places upon the Property (Gov. Code §37423). 7. This resolution shall take effect immediately upon its adoption by the City Council. Dated: April 19, 2017 I hereby certify that Resolution No. 2017-74 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 19, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None J NIFER M bbity Clerk 2017-74 ERRAIOLO