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RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT REAL PROPERTY OWNED BY THE
AGENCY LOCATED AS SHOWN ON THE ATTACHED LEGAL
DESCRIPTION, LOCATED ON OLEANDER AVENUE, IS EXEMPT
SURPLUS LAND FOR PURPOSES STATED HEREIN , AND
FINDING THAT SUCH DECLARATION AND AUTHORIZATION IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Fontana (the “Agency” or the “City”) is the owner in fee simple of that certain real property described in Exhibit “A”, attached and incorporated herein, which property is approximately 3065 square feet in size and is located on Oleander Avenue in the City of Fontana (“Property”); and WHEREAS, the Property is less than one half -acre in area and is not contiguous to land owned by the City that is used for open -space or low - and moderate-income housing purposes; and
WHEREAS, the Property, at the time of the conveyance, will be a former street, right-of-way, or easement, and is to be conveyed to the owner of adjacent land provided that the City vacates that portion of Oleander Avenue prior to the conveyance; and
WHEREAS, the City no longer has any use for the Property and it is not part of the City’s General Plan Community Mobility and Circulation Element; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the Agency for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency’s use; and WHEREAS, the Act exempts certain surplus land from its requirements, including land that is (i) “less than one-half acre in area and is not contiguous to land owned by the state or local agency that is used for open -space or low- and moderate-income housing purposes.” (Government Code section 54221(f)(1)(B)), and “land that is a former street, right -of-way, or easement, and is conveyed to an owner of an adjacent property .” (Government Code section 54221(f)(1)(E)); and
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WHEREAS, Government Code sectio n 54221(f)(1)(B) currently applies to the Property, and Government Code section 54221(f)(1)(E) will apply to the Property at the time of sale contingent on the occurrence of vacation of that portion of Oleander Avenue; and
WHEREAS, none of the characteristics listed in Government Code section 54221(f)(2) apply to the property; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o f Fontana, California, as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares that (i) the Property is surplus land and not necessary for the Agency’s use, and (ii) the Property is exempt from the Act pursuant to section 54221(f)(1)( B) of the Act , and (iii) the Property will be exempt from the Act pursuant to section 54221(f)(1)(E) for purpose of sale to the adjacent property owner . The bas es for this declaration are the findings that:
A. The Property is approximately 3065 square feet in area, B. The Property is not contiguous to land owned by the local agency that is used for open-space or low- and moderate-income housing purposes, and
C. The City will conduct a vacation of the portion of Oleander Avenue between Highland Avenue and South Highland Avenue prior to the proposed sale. The Property will be included in the area of the proposed vacation.
Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. ) (“CEQA”). Agency staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidel ines, Section 15378. 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. If and when the Property is sold to a p urchaser, and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
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Section 4. If any section, subsection, paragra ph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED the 23rd day of January, 2024.
READ AND APPROVED AS TO LEGAL FORM:
_______________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and E x-Officio Clerk of the City Council, do her eby certify that the foregoing resolution is th e actual resolution duly and regularly adopted by the City Counc il at a regular meeting on the 23rd day of January, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
City Clerk of the City of Fontana
_______________________________
Mayor of the City of Fontana
ATTEST:
_______________________________
City Clerk
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Exhibit A
Legal Description
THAT PORTION OF LOT 10 OF TRACT 1909, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ACCORDING TO MAP FILED IN BOOK 27, PAGE 70 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 10, SAID CORNER BEING THE POINT OF INTERSECTION OF THE WESTERLY LINE OF OLEANDER AVENUE (60.00 FEET WIDE) WITH THE SOUTHERLY LINE OF HIGHLAND AVENUE (60.00 FEET WIDE) AS SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY LINE OF SAID OLEANDER AVENUE, SOUTH 00° 15' 56" EAST, 21.296 METERS; THENCE SOUTH 89° 44' 04" WEST, 1.524 METERS TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11.131 METERS, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89° 44' 04" EAST; THENCE NORTHWESTERLY, ALONG SAID CURVE, AN ARC LENGTH OF 5.425 METERS THROUGH A CENTRAL ANGLE OF 27° 55' 24" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 24.445 METERS, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 61° 48' 40" WEST; THENCE NORTHERLY, ALONG SAID CURVE, AN ARC LENGTH OF 16.573 METERS THROUGH A CENTRAL ANGLE OF 38° 50' 38" TO A POINT ON THE NORTHERLY LINE OF SAID LOT 10, SAID NORTHERLY LINE BEING THE SOUTHERLY LINE OF SAID HIGHLAND AVENUE; THENCE ALONG SAID NORTHERLY LINE, NORTH 89° 40' 42" EAST, 5.223 METERS TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE WEST HALF OF OLEANDER AVENUE ADJACENT THERETO,
BOUNDED NORTHERLY BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LAND
DESCRIBED ABOVE AND BO UNDED SOUTHERLY BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID LAND DESCRIBED ABOVE, WHICH UPON VACATION WOULD REVERT TO THE FEE OWNER OF SAID LAND BY OPERATION OF LAW.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON TH E CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00009175 TO OBTAIN GROUND LEVEL DISTANCES.
APN: ADJACENT TO 0240-011-53-0-000
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For visual reference only, the land exempt from the Surplus Land Act is depicted below as Parcel 3: