RESOLUTION NO. XXXX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA, DECLARING THE PROPERTY
LOCATED AT 1701 E. MAIN STREET, BARSTOW, CA 92311
TO BE EXEMPT SURPLUS LAND
WHEREAS, the City owns certain property located at 1701 E. Main Street, Barstow, CA 92311 (APN 181-452-58) (“Property”); and
WHEREAS, the City would like to sell the Property, which consist of one (1) parcel currently zoned GC (General Commercial) totaling approximately 4,410 square feet; and WHEREAS, before the City can sell the Property, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, the City has reached a tentative agreement with the Marsella Family Trust to sell the property; and
WHEREAS, the Property is not currently being used by the City and the City desires to declare that the Property is exempt surplus land not necessary for the City’s use; and
WHEREAS, under Government Code section 54221, subdivision (f)(1)(B), “exempt surplus land” is defined as “surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.
SECTION 2. Exemption. The City hereby declares the Property “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(B), in that it is land owned in fee simple by the City and is not necessary for the City’s use and less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.
SECTION 3. Notice of Availability. City staff is hereby directed and authorized to send a written notice of this resolution to the Property to the Department of Housing and Community Development.
SECTION 4. Direction to City Manager. The City Manager is hereby directed to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
Such actions include negotiating in good faith in accordance with the requirements of the Surplus Land Act.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of November, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. XXXX-2022 of said City which was adopted at a regular meeting of said Council held on the 7TH day of November, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk