RESOLUTION NO. 2022-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DECLARING THAT A CITY OWNED PUBLIC PARKING LOT KNOWN AS VEHICLE PARKING DISTRICT LOT 2 (ASSESOR’S PARCEL NUMBER 8336-021-901) 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 Pomona owns a Vehicle Parking District (VPD) parking lot, VPD Lot 2 (Assessor’s Parcel Number 8336-021-901) (“VPD Lot 2”) that is no longer necessary for the City’s/VPD’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.
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.
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.
WHEREAS, The City Council has made findings that VPD Lot 2 is no longer necessary for the City’s/VPD’s use.
WHEREAS, the City intends to follow the provisions of the SLA in the disposition of VPD Lot 2 and prioritize affordable housing in the disposition of such land to the extent required by law.
WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of VPD Lot 2 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 Pomona as follows:
SECTION 1. The City Council finds and declares that the City-owned Vehicle Parking District Lot 2 (Assessor’s Parcel Number 8336-021-901) 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 and operates 25 Vehicle Parking District parking lots throughout the Downtown.
The District was created between 1951 and 1958, as separate districts and later amended and combined.
The District was created to provide equitable and adequate parking to all Downtown businesses, property owners and stakeholders.
Since its inception, the character, land uses, boundaries and businesses in the area have changed and/or evolved.
Businesses and land uses in certain areas of the Downtown that once required public parking no longer exist, uses have changed, or businesses provide their own private parking.
VPD Lot 2 located on Center Street just east of Garey Avenue is one such lot. It has been underutilized and often vacant for several years.
Under-utilization, maintenance and operational cost as well as other liability issues makes it cost prohibitive to retain ownership of VPD Lot 2 for public parking.
Retaining ownership of Lot 2 also prevents 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 results in no binding commitment by the City to authorize or advance the disposition of VPD Lot 2; 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 VPD Lot 2 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 7th day of March, 2022.
ATTEST: CITY OF POMONA:
_________________________ _______________________________ ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk, MMC Mayor
APPROVED AS TO FORM:
______________________________
Sonia Carvalho
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF POMONA )
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on March 7, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Rosalia A. Butler, MMC
City Clerk
Exhibit A – Notice of Availability
Resolution No. 2022-28
March 7, 2022
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Resolution No. 2022-28
March 7, 2022
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