City Council Resolution No. ____-2024 1
RESOLUTION NO. ____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA, DECLARING THE
PROPERTIES LOCATED AT 0181-011-17-0000, 0181-011-
18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-
12-0000, 0182-011-14-0000, 0182-011-15-0000, 0182-011-
16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-
19-0000, 0182-011-21-0000, 0182-011-22-0000, 0182-011-
23-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-011-
26-0000, 0182-011-27-0000, 0182-012-01-0000, 0182-012-
02-0000, 0182-012-08-0000, 0182-012-09-0000, 0182-012-
10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-
39-0000, 0182-012-43-0000, 0182-012-44-0000, 0182-012-
52-0000 TO BE SURPLUS LAND
WHEREAS, the City owns certain properties located at 0181-011-17-0000, 0181- 011-18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-12-0000, 0182-011-14- 0000, 0182-011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-19-0000, 0182-011-21-0000, 0182-011-22-0000, 0182-011-23-0000, 0182- 011-24-0000, 0182-011-25-0000, 0182-011-26-0000, 0182-011-27-0000, 0182-012-01- 0000, 0182-012-02-0000, 0182-012-08-0000, 0182-012-09-0000, 0182-012-10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-39-0000, 0182-012-43-0000, 0182- 012-44-0000, 0182-012-52-0000 (“Properties”); and
WHEREAS, the City would like to sell the Properties, which consist of twenty nine (29) parcel currently zoned Industrial, totaling approximately 6.18 acres; and WHEREAS, before the City can sell the Properties, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, under Government Code section 54221, subdivision (b)(1), “Surplus land” is defined as “land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.”
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.
City Council Resolution No. ____-2024 2
SECTION 2. Surplus Land. The Properties are hereby declared “surplus land” under Government Code section 54221, subdivision (b)(1), in that they are land owned in fee simple by the City and are not necessary for the City’s use. City Staff is directed to send a written notice of the City’s declaration and finding to the California Department of Housing and Community Development.
SECTION 3. Notice of Availability. City staff is hereby directed and authorized to send a written notice of availability of the Properties to all of the entities listed in Government Code section 54222.
SECTION 4. CEQA. The City Council finds this surplus land designation will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), Public Resources Code section 21000, et seq., and is exempt from CEQA review. The designation of these properties as surplus by itself does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA per CEQA Guidelines, California Code of Regulations, Title 14, Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.
Any potential future development of one or more parcels will be evaluated at that time for potential environmental impacts as part of that future development approval process.
Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of July, 2024.
__________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Attorney
City Council Resolution No. ____-2024 3
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 15th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk