REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution to Comply with the Surplus Land Act for Purposes for Participation in the One Bay Area Grant Program
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Metropolitan Transportation Commission (MTC), the metropolitan planning organization for the nine-county San Francisco Bay Area (which includes Santa Clara County), administers regional transportation grant funding opportunities such as, the regional One Bay Area Grant (OBAG) Program. To receive OBAG funding, the MTC requires agencies adopt a resolution (Attachment 1) related to compliance with the Act. The next cycle of OBAG funding is projected to announce a call for projects in 2022.
The Surplus Land Act (Act) was enacted in 1968 and contains procedures for disposition by sale or lease of surplus properties by local agencies. Surplus land is land owned by a local agency that is determined to be no longer necessary for the agency's use, except land being held by the agency for the purpose of exchange or which is exempt under the Act, such as land less than 5,000 square feet in area, less than the minimum legal residential lot size, or land that has no recorded access and is less than 10,000 square feet in area. As a Charter City, the City of Santa Clara has previously been exempted from the Act.
California Assembly Bill (AB) 2135, amended the Surplus Land Act to prioritize affordable housing development on surplus lands, including the following: it extended the good faith negotiation period to 90 days; where a housing project is developed on the site, required at least 25 percent of the development to be income restricted for lower income households, earning 80% or less of Area Median Income (AMI); and added a requirement that if negotiations with one of the specified entities are unsuccessful, then any residential development on the surplus land over 10 units must make at least 15 percent of the ...
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