Attachment No. 2
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 el 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.
Resolution No. 2022-28
March 7, 2022
• 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 7 day of March, 2022.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sora R. Carvalho
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
Resolution No. 2022-28
March 7, 2022
1, 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: Nolte, Preciado, Garcia, Ontiveros-Cole, Lustro, Torres, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2022-28
March 7, 2022
Exhibit A - Notice of Availability
Resolution No. 2022-28
March 7, 2022
EXHIBIT A
DATE
To All Interested Parties:
RE: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the CITY OF POMONA (City) is providing notification that the City intends to sell the surplus property listed in the accompanying table.
GENERAL PLAN CURRENT CURRENT
APN ADDRESS SIZE ZONING DESIGNATION USE OWNER
(AC)
8336- Vacant 0.38 Corridors Transit Oriented Parking Lot City 021-901 parking lot Specific Plan District: Core
TRANSECT ZONE: T6-B
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.
In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Kirk Pelser, Deputy City Manager, at 505 S. Garey Ave. Box 660 Pomona CA 91769. You may also direct your questions to [email protected] or by calling 909) 620-2363.
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). 65318 50901134789314.1
Attachment No. 3
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453 • CALIFORNIA
www.hcd.ca.gov
July 8, 2022
James Makshanoff, City Manager
505 South Garey Avenue
Box 660
Pomona CA 91769
Dear James Makshanoff:
RE: Written Comments Regarding the City of Pomona's Surplus Land Disposition Documentation for the Property at APN 8336-021-901.
Thank you for submitting your surplus land documentation, on behalf of the City of Pamona (City), for review by the Department of Housing and Community Development (HCD). We received your complete documentation on June 22, 2022. This letter constitutes CD's initial written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APN 8336-021-901, including provisional permission to proceed with the sale or lease.
According to your letter and included documents, a Resolution declaring the property to be surplus was issued on March 7, 2022, and Notices of Availability (NOA) were sent to all the required entities on Marchi 16, 2022. During the required 60-day period, no affordable housing entity expressed interest in the property. The City has also enclosed a draft affordability covenant to be recorded against the property.
If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APN 8336-021-901. The City is permitted to proceed with the sale or lease of the property.
The City or its representatives may send any questions to [email protected].
Sincerely,
Sell-loge
Jillian Burgos
Public Lands Manager
Housing Policy Development
ATTACHMENT 4
VPD Lot 2
159
201
2/22/2022, 12:37:15 PM 1:1,128
Project Status 0.0125 0.025 0.05 mi
Entitlement Review 0.02 0.04 0.08 km
Recently Entitled
Under Construction
Recently Opened
City Boundary
Adjacent Cities
PARCELS FULLROLL
Kai Voeks
Information Technology GIS Office
City of Pomona