BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt a Resolution Declaring Real Property along Golf Creek, San Jose, California Identified as Assessor Parcel Numbers 581-13-014 and 581-13-015 Are No Longer Required for District Purposes and Declaring that the Parcels are Exempt Surplus Land under California Government Code Section 54221(f)(1)(E); and Authorize the Interim Chief Executive Officer to Execute a Quitclaim Deed (Real Estate File 3013-2.1) to Almaden Valley Golf and Country Club (San Jose, District 4)
End
RECOMMENDATION: Recommendation
A. Adopt the Resolution DECLARING REAL PROPERTY ALONG GOLF CREEK, SAN JOSE, CALIFORNIA IDENTIFIED AS ASSESSOR PARCEL NUMBERS 581-13-014 AND 581-13-015 ARE NO LONGER REQUIRED FOR DISTRICT PURPOSES AND DECLARING THAT THE PARCELS ARE EXEMPT SURPLUS LAND UNDER CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(E); and
B. Authorize the Interim Chief Executive Officer to execute a quitclaim deed (Real Estate File 3013-2.1) to Almaden Valley Golf and Country Club
Body
SUMMARY:
The real property identified as Assessor Parcel numbers 581-13-014 and 581-13-015 (“Property”; Attachment 1) was dedicated to Valley Water’s predecessor agency in 1966 in connection with housing and golf course development that included the realignment and improvement of Golf Creek. At that time, fee-simple interests of the Property were conveyed to Valley Water for flood control and/or stormwater drainage purposes, while use of a portion of the Property was reserved for recreational purposes. The Property, which consists of a constructed drainage channel now known as Golf Creek, was conveyed to Valley Water without monetary consideration.
Valley Water has not used the Property for its operations since the dedication. In 1974, Valley Water entered into an agreement with the Almaden Valley Golf and Country Club (the “Club”), as successor in interest to the original developers. The 1974 agreement superseded Valley Water’s 1966 agreement with the original developers, provided for joint use of the Property by Valley Water and the Club, and assigned to the Club permanent responsibility for maintaining it, at the Club’s sole cost. This use and maintenance arrangement has continued for more than 50 years. The Property has no current or anticipated operational use and is not necessary for Valley Water operations.
Section 31(c) of the Santa Clara Valley Water District Act provides that the Board may reconvey real property to the former owner or the owner's successor in interest for less than fair market value if the district finds that a public purpose exists justifying that reconveyance for less than fair market value. The Club is the owner’s successor in interest of the Property.
To align ownership with the Club’s longstanding use and continued maintenance of the properties, reduce Valley Water maintenance costs, eliminate any potential liability inherent in ownership of the Property, as well as to resolve several neighbor encroachment concerns, staff recommends that fee title for the Property be reconveyed to the Club as the former owner’s successor in interest. The Property is of nominal value due to its irregular shape and topography and is unsuitable for any purpose other than its current use as drainage channel. Therefore, staff recommends that this conveyance be made without monetary compensation.
Surplus Lands Act
California Government Code Section 54221(f)(1)(E) defines “exempt surplus land” to include surplus land that is a former street, right of way, or easement and is conveyed to an owner of adjacent property. The California Department of Housing and Community Development (HCD) has reviewed and preliminarily identified the Property as exempt surplus land under Section 54221(f)(1)(E) based on the following facts:
1. Historical Right-of-Way Character: The subject Property forms a narrow, linear corridor that has historically been identified and administered by Valley Water and the Club as the Golf Creek right-of-way.
2. Original Dedication: The Property was originally dedicated to Valley Water’s predecessor agency without monetary consideration for flood control and/or stormwater drainage purposes associated with Golf Creek.
3. No Continuing Agency Use: Golf Creek is not an active Valley Water facility, and Valley Water has no current or anticipated operational or other agency use for the Property. The Property is not necessary for Valley Water’s use.
4. Adjacent Ownership: The Club owns and operates the real property immediately adjacent and surrounding the Golf Creek Property.
5. Succession and Longstanding Maintenance: The Club is the successor in interest to the original development entities associated with the surrounding golf course and has used and maintained the Property pursuant to a longstanding agreement with Valley Water at its own cost and without cost to Valley Water.
The recommended Board actions formally declares the Property exempt surplus land as required by the Surplus Land Act (Attachment 2) and delegates authority to the Interim Chief Executive Officer to execute the quitclaim deed (Attachment 3).
ENVIRONMENTAL JUSTICE IMPACT:
These actions are not subject to environmental justice analysis because they are unlikely to result in human health or environmental effects. Additionally, the current use is likely to remain unchanged, thereby making this action primarily administrative.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The proposed declaration and conveyance of the Property are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15312 (Class 12, Surplus Government Property Sales). The Property consists of narrow, linear parcels along Golf Creek that, due to their size, shape, topography, and location within an existing golf course, are unsuitable for independent development or use, consistent with Section 15312(b)(1). The Property does not contain significant wildlife habitat or other environmental values, consistent with Section 15312(a). The proposed conveyance would not alter existing land uses, site conditions, or maintenance practices, and would not authorize any physical changes to the environment. Staff has determined that none of the exceptions to categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply.
ATTACHMENTS:
Attachment A: Gov. Code Section 84308
Attachment 1: Map
Attachment 2: Resolution
Attachment 3: Quitclaim Deed
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618