Attachment No. 1
RESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, (I) DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY, COMMONLY KNOWN AS THE DOWNTOWN DEVELOPMENT OPPORTUNITY SITE, IS EXEMPT SURPLUS LAND, (II) APPROVING THE FORM OF REQUEST FOR QUALIFICATIONS/PROPOSALS AND PROCESS GENERALLY; (III) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO MARKET THE SUBJECT SITE; AND (IV) FINDING THAT THE FOREGOING ACTIONS ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Pomona (“City”) is the owner in fee simple of the following parcels of real property, commonly known as the “Downtown Development Opportunity Site” and herein collectively referred to as the “Development Site”:
Site Address
APN
Site Name
Zoning
Square Feet
400 W. 2nd St
8341-003-902
“Gist” Building
Specific Plan
4,471
8341-003-903
Vacant land
Specific Plan
2,957
8341-003-904
Vacant Land
Specific Plan
2,515
8341-003-905
Vacant Land
Specific Plan
5,367
8341-003-906
Vacant Land
Specific Plan
2,657
8341-003-907
Vacant Land
Specific Plan
5,261
8341-003-908
Vacant Land
Specific Plan
2,300
8341-003-909
Vacant Land
Specific Plan
5,246
8341-003-901
Public Parking Lot # 6
Specific Plan
30,855
8341-004-902
Public Parking Lot # 7
Specific Plan
31,324
WHEREAS, the Development Site is approximately 2.5 acres in area and generally bounded by 2nd Street, Park Avenue, 3rd Street and Main Street; and WHEREAS, the Development Site is comprised of existing City-owned public parking lots, vacant land and one three-level (including basement) historical commercial structure with a footprint of 4,471 square feet; and WHEREAS, the Development Site is no longer necessary for the City’s use, and the City desires to dispose of it for the development of a horizontally and vertically mixed-use project that is compatible with the goals and objectives of the City’s General Plan, the Downtown Pomona Specific Plan, and the City’s Active Transportation Plan; 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 Development Site is “surplus land” under the Act, because it is land owned in fee simple by the City 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 City’s use; and WHEREAS, the Act exempts certain surplus land from its requirements, including “[s]urplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for … [a] mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing” (Government Code section 54221(f)(1)(F)(ii)) (the “SLA Exemption”); and WHEREAS, the City intends to implement a phased Request for Qualifications (“RFQ”) /Request for Proposals (“RFP”) open and competitive process and require, at a minimum, that any developer comply with the conditions set forth in the SLA Exemption above when proposing a mixed-use project on the Development Site; and NOW THEREFORE, the City Council of the City of Pomona does hereby resolve, find, determine, and order as follows:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.
SECTION 2. EXEMPT SURPLUS LAND. The City Council hereby declares that (i) the Development Site is surplus land and not necessary for the City’s use, and (ii) the Development Site is exempt from the Act pursuant to SLA Exemption. The basis for this declaration is the finding that the City will (a) employ an open RFQ/RFP competitive selection process and provide notice in compliance with section 54221(f)(1)(F) of the Act; and (b) require that any agreement reached with any developer shall comply, at a minimum, with the development conditions set forth in the SLA Exemption.
SECTION 3. APPROVAL OF RFQ AND PROCESS GENERALLY. The City Council hereby approves the form of RFQ (and notice thereof) substantially identical to the form attached hereto as Exhibit A and approves the phased RFQ/RFP process generally to be employed by City staff.
SECTION 4. CITY MANAGER AUTHORIZATION. The City Council further authorizes the City Manager or his designee to carry out such actions as are necessary or appropriate to market the Development Site and, with appropriate direction from City Council, reach an agreement in principle on disposition and/or development of the Development Site.
SECTION 5. CEQA. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Designation of the Development Site 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 Guidelines, 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 Development Site is sold to a purchaser, 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.
SECTION 6. 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 7. This Resolution shall become effective immediately upon its adoption.
SECTION 8. The City Clerk shall certify adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of March, 2022.
ATTEST: CITY OF POMONA:
__________________________ _____________________________ ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk 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 21, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Rosalia A. Butler, MMC
City Clerk
Exhibit A – Notice of Availability
65318.50901\34894941.1
65318.50901\34894941.1
65318.50901\34894941.1
65318.50901\34894941.1