📋
Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Score: -2
(1/2/3)
Yolo County Grand Jury
• 2023-2024
Leverages Real Estate Assets Photo courtesy of juror Yolo County Civil Grand Jury West Sacramento Port Commission
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 3 findings
F1
The West Sacramento Port Commission reported the Exclusive Negotiating Agreement (ENA) with Fulcrum-Bluerise was entered and recorded at their closed Board meeting in March 2022, but no record was found in the March 2022 minutes. The public was unaware that an ENA was being considered for this property and created a perception the Port Commission was not being transparent in their plans.
F2
In order for the West Sacramento Port Commission to proceed with the Purchase and Sale Agreement of the Seaway property as described in Resolution No. P22-4 of the Port Commission, adopted on October 5, 2022, the California Department of Housing and Community Development (HCD) must deem the property Exempt Surplus Property from the Surplus Land Act (SLA). The process described by law for the property to be exempt requires the Port Commission to apply to the HCD for approval and exemption. The Port Commission did not apply to HCD for the exemption, but simply declared in its Resolution that the property was exempt. Self-certification of exempt status is not sufficient as stated in the SLA. In the final stages of preparing this report, the Grand Jury learned that the Port Commission applied for an SLA exemption which was granted on March 27, 2024 [4].
F3
The Sacramento-Yolo Port Policies Manual of 1997 is out-of-date, does not include guidance on the sale of surplus land, and does not address strategies and policies for the sale and use of real estate properties. RECOMMENDATIONS The Grand Jury makes the following recommendations:
Recommendations 3
-
R1The West Sacramento Port Commission should ensure future land negotiations are transparently reported and post the amended minutes of the March 2022 meeting to report the Exclusive Negotiating Agreement (ENA) with Fulcrum-Bluerise. This should be completed
-
R2The West Sacramento Port Commission should post the SLA exemption from HCD, dated March 27, 2024, to a public site and linked to Resolution No. P22-4. This should be completed
-
R3The West Sacramento Port Commission should develop a new and updated Port Policies Manual to reflect actual Port practices and strategies envisioned in the 2013 Business Plan, specifically addressing strategies and policies for the sale and use of its real estate properties. This should be completed by January 1, 2025. COMMENDATION The Grand Jury appreciates the California Department of Housing and Community Development (HCD) for explaining the Statewide Housing Plan and their role in holding jurisdictions accountable for meeting housing commitments and complying with State housing laws, including the Surplus Land Act (SLA). REQUIRED RESPONSES Pursuant to Penal Code Sections 933 and 933.05, the Grand Jury requests responses to its Finding and Recommendations as follows: ▪ West Sacramento Port Commission F-1, F-2, and F-3; and R-1, R-2, R-3 INVITED RESPONSES The Grand Jury also invites responses from the following individuals : ▪ West Sacramento City Manager/Port CEO F-1, F-2, and F-3; and R-1, R-2, R-3 ▪ Port General Manager F-1, F-2, and F-3; and R-1, R-2, R-3 ACRONYMS and
Commendations 1
-
CM1The Grand Jury appreciates the California Department of Housing and Community Development (HCD) for explaining the Statewide Housing Plan and their role in holding jurisdictions accountable for meeting housing commitments and complying with State housing laws, including the Surplus Land Act (SLA).
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.