RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF FONTANA, CALIFORNIA, TO CONVEY THAT CERTAIN REAL PROPERTY LOCATED SOUTH OF FOOTHILL BOULEVARD AND WEST OF TOKAY AVENUE IN FONTANA, CALIFORNIA (ASSESSOR PARCEL NUMBERS 0232-091-18 AND 0232-091-19) TO SONORA TIRES ROUTE 66, INC, PURSUANT TO GOVERNMENT CODE SECTION 37350, ET SEQ.
WHEREAS, the City of Fontana, a municipal corporation ("City"), is the owner of certain 5,900 square-foot and 9,600 square foot parcels of real property generally located south of Foothill Boulevard and west of Tokay Avenue in the City of Fontana, California (APNs 0232-091-18 and 0232-091-19, respectively), and consisting of uneconomic remnant parcels acquired for Foothill Boulevard and Tokay Avenue, and more specifically described in Exhibit “A” attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 and expands the Surplus Land Act (“Act”) requirements for local agencies to incentivize development of more affordable housing on surplus properties; and WHEREAS, Pursuant to the provision of the Act, City staff has determined that the sale of the Property constitutes "exempt surplus land" under Government Code Section 54221(f)(1)(E), as “surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property;” and WHEREAS, City staff has determined Government Code Section 54221(f)(1)(E) is applicable since the Property was acquired for right of way purposes described herein, and that the proposed sale of Property consists of uneconomic remnants resulting from that right of way, that are to be sold to Sonora Tires Route 66, Inc. (“Developer”), who owns property adjacent to the Property; and WHEREAS, Government Code Section 54222.3 states that the Act does not apply to the disposal of exempt surplus land; and WHEREAS, Government Code Section 37420 through 37430 authorizes the City to dispose of public property; and WHEREAS, California Government Code Section 37351 provides that the legislative body of a city may “may control, dispose of, and convey … [real] property for the benefit of the city”; and WHEREAS, the City desires to take final action regarding the conveyance of the Property; and WHEREAS, Under the California Environmental Quality Act (Pub. Resources Code, §§21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs. tit.14, §§15000 et seq.) City Staff have determined based on its independent review the sale of this Property is exempt from CEQA, because this surplus government property is not located in an area of statewide, regional, or areawide concern identified in CEQA Guidelines Section 15206(b)(4).
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Surplus Land Act Declaration and Findings. The City Council declares, based on the Recitals and all other information and testimony provided, that the Property is “exempt surplus land” under the Surplus Land Act pursuant to Government Code Section 54221(f)(1)(E), because the Property was originally acquired for right of way purposes and now consists of uneconomic remnants resulting from that right of way and will be sold to Developer, who owns property adjacent to the Property.
Section 3. Common Benefit Findings. The City Council finds that, based on the Recitals and all other information and testimony provided, sale of the Property to Developer (owner of the adjacent business enterprise) at fair market value will result in a common benefit to the City, its residents, and visitors, in the form of relief of the currently over-crowded parking conditions in existence at this location and particularly for Developer’s business. Additional parking should also contribute to an increase in general business activity and economic growth to everyone’s mutual benefit.
Section 4. Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure regarding notice and hearing.
Section 5. CEQA. The proposed sale of the property is exempt from environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 §§ 15000 et seq.). Specifically, City Staff have determined based on its independent review the sale of this Property is exempt from CEQA under the Class 12, Categorical Exemption for the sale of surplus government property (State CEQA Guidelines § 15312), because this surplus government property is not located in an area of statewide, regional, or areawide concern identified in CEQA Guidelines Section 15206(b)(4). The City Clerk is authorized and directed to file a Notice of Exemption with the appropriate official of the County of San Bernardino, California within (5) days following the date of the adoption of this Resolution.
Section 6. Description of the Property. The Property is generally located south of Foothill Boulevard and west of Tokay Avenue in the City of Fontana, California (APNs: 0232-091-18 and 0232-091-19) and is further depicted in Exhibit “A" attached to this Resolution.
Section 7. Approval of Purchase and Sale Agreement. The Purchase and Sale Agreement for the conveyance of the Property to Developer, is hereby approved by the City Council in substantially the same form as hereto attached as Exhibit “B”, together with any such changes as hereafter approved by the City Manager and the City Attorney deemed to be within the City’s best interest.
Section 8. Implementation. The City Manager or designee is authorized to sign and enter into the Purchase and Sale Agreement on behalf of the City and to take any other actions reasonably necessary to implement its terms.
Section 9. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting this resolution.
APPROVED AND ADOPTED this __ day of August, 2022.
____________________________________
City Attorney
I, Ashton Arocho, Deputy City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the ___ day of August, 2022, by the following to-wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
See comment in staff report
Is eminent domain an issue here?
16498.00100\40402300.3
16498.00100\40402300.3