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ATTACHMENT NO. I
Resolution No. 2022-___
April 12, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, DECLARING THAT TWO CITY OWNED VACANT LOTS
KNOWN AS ETIWANDA VINEYARDS TRACTS E AND W (ASSESSOR’S PARCEL NUMBER S 0232-201-12-0000 AND 0232 -201-13-0000) AS “SURPLU S LAND” PURSUANT TO THE SURPLUS LAND ACT, GOVERNMENT CODE SECTION 54220 ET SEQ. ; APPROVING FORM OF NOTICE OF
AVAILABILITY; AND AUTHORIZING THE CITY MANAGER AND HIS
DESIGNEE(S) TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH
THE SURPLUS LAND ACT
WHEREAS, The City of Fontana owns two vacant lots (Assessor’s Parcel Numbers 0232-201- 12-0000 and 0232 -201-13-0000) (“Vacant Lots”) that are no longer ne cessary for the City’s use and should be declared as surplus property suitable for disposition; and
WHEREAS, under the California Surplus Land Act (“SLA”), Government Code Section 54220-54233, surplus property is defined as land owned by any local agency that is no longer necessary for the agency’s use; and
WHEREAS, effective January 1, 2020, the SLA was amended to re quire all local agencies to formally declare agency -owned properties as “surplus land” prior to taking action to dispose of such properties and to issue a “Notice of Availability” (NOA) to certain entities statutorily entitled to notice; and
WHEREAS, the declaration of surplus land must be made by the local agency’s legislative body at a regular open meeting supported by written findings; and
WHEREAS, the City Council has made findings that the Vacant Lots are no longer necessary for the City’s use; and
WHEREAS, the City intends to follow the provisions of the SLA in the disposition of the Vacant Lots and prioritize affordable housing in the disposition of such land to the extent required by law; and
WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the Vacant Lots and is not an action that results in a binding commitment by the City to move forward with the disposition of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:
16498.00100\34899203.2
Resolution No. 2022-XX
April 12, 2022
SECTION 1. The City Council finds and declares that the City-owned Vacant Lots (Assessor’s Parcel Number s 0232-201-12-0000 and 0232 -201-13-0000) are surplus and no longer necessary for the City’s use, in accordance with the California Surpl us Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:
• The City currently owns two adjacent lots located along the south of Arrow Boulevard between Tokay Avenue and Citrus Avenue
• The lots were historically used for agricultural purposes, but have been underutilized and often left vacant by their previous owners for the past several decades. The lots are currently vacant. • Since cessation of agricultural activity on the lots , the character, la nd uses, boundaries and businesses in the area have changed and/or evolved.
• Land uses in the area surrounding the lots have shifted to residential, commercial, and other non-agricultural uses, and the lots have been rezoned for commercial use. • Under-utilization, maintenance and operational cost as well as other liability issues makes it cost prohibitive to retain ownership of the lots as vacant land. • Retaining ownership of the lots also prevents them from being developed into their highest and best use.
SECTION 2. The City Council finds and determines, after independent review and consideration, that the action of declaration of surplus land does not result in a binding commitment by the City to authorize or advance the disposition of the Vacant Lots; will not result in a direct or indirect physical change in the environment; and does not constitute an approval of a project pursuant to CEQA Guidelines Sections 15004 and 15352.
SECTION 3. The City Council approves the form of Notice of Availability atta ched hereto as Exhibit A and authorizes the City Manager or his designee(s) to take all actions necessary to comply with the SLA, including but not limited to issuing the Notice of Availability for the Vacant Lots to all entities statutorily entitled to receive such notice.
SECTION 4. The City Clerk shall attest and certify to th e passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 12th day of April, 2022.
CITY OF FONTANA:
______________________________
Acquanetta Warren
Mayor
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Resolution No. 2022-XX
April 12, 2022
APPROVED AS TO FORM:
________________________________
Ruben Duran
City Attorney
ATTEST:
______________________________
City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Fontana at a regular meeting thereof held on April 12, 2022’ by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk