ATTACHMENT NO. I
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DECLARING THAT THE CITY OWNED PARCEL KNOWN AS 8443 NUEVO AVENUE (ASSESSOR’S PARCEL NUMBER 0191-163-27-0000) AS “SURPLUS 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 a parcel of land (Assessor’s Parcel Number 0191-163-27-0000) (“Parcel”) that is no longer necessary 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 require 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 Parcel is 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 Parcels 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 Parcels 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:
Resolution No. 2023-___
March 28, 2023
SECTION 1. The City Council finds and declares that the City-owned Parcel (Assessor’s Parcel Number 0191-163-27-0000) is surplus and no longer necessary for the City’s use, in accordance with the California Surplus Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:
The City currently owns the property at the southeast corner of Spring Street and Nuevo Avenue The property includes a multi-tenant building of approximately 7,800 square feet and is currently occupied by various tenants, each occupying their respective space via a month-by-month lease with the city.
The Parcel is located in an area of focus for the city’s revitalization efforts of downtown Fontana.
Land uses in the area surrounding the Parcel will continue to shift in support of the overall economic revitalization plan.
Under-utilization, maintenance and operational cost as well as other liability issues makes it cost prohibitive to retain ownership of the Parcel as the property is currently developed.
City ownership, management, and maintenance of the Parcel will prevent it from being developed into its 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 Parcel; 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 attached 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 Parcel to all entities statutorily entitled to receive such notice.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 28th day of March 2023.
CITY OF FONTANA:
______________________________
Acquanetta Warren
Mayor
Resolution No. 2023-___
March 28, 2023
APPROVED AS TO FORM:
________________________________
Ruben Duran
City Attorney
ATTEST:
______________________________
Germaine Key
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 March 28, 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk
Resolution No. 2023-___
March 28, 2023