RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ACTING AS THE GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RIALTO, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN SUCCESSOR AGENCY OWNED REAL PROPERTY LOCATED ON THE WEST SIDE OF AYALA DRIVE, NORTH OF BASELINE ROAD IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, IS SURPLUS LAND AND NOT NECESSARY FOR THE SUCCESSOR AGENCY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Rialto (“Agency”) is the owner in fee simple of that certain real property located on the west side of Ayala Drive, north of Baseline Road, and east of Linden Avenue, in the City of Rialto, San Bernardino County, State of California and commonly referenced by Assessor’s Parcel Numbers 0264-212-12, -17, -30, -44, -45, -46, and -54 and described with greater particularity in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, under the Surplus Land Act, Government Code Section 54220 et seq. (“Act”), surplus land is land owned in fee simple by the Agency for which the Agency’s governing body takes formal action in a regular public meeting declaring the land is surplus and not necessary for the Agency’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the Agency’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the Agency’s governing board, for Agency work or operations; and WHEREAS, pursuant to Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code (the “Dissolution Act”) and the Agency’s Long Range Property Management Plan (“LRPMP”) promulgated pursuant to the Dissolution Act, the Agency’s function is, among other activities, to administer the disposition of real property owned by the former Redevelopment Agency of the City of Rialto; and WHEREAS, the Property is designated in the LRPMP to be sold by the Agency for the purpose of maximizing the sales proceeds for the benefit of the taxing entities entitled to a portion thereof; and WHEREAS, the Property consists of seven (7) parcels with an aggregate area of approximately 818,114 square feet or 18.77 acres of vacant, unimproved land; and WHEREAS, the Agency desires to declare that the Property is surplus land and not necessary for the Agency’s use; and WHEREAS, the Act requires that before the Agency disposes of the Property or engages in negotiations to dispose of the Property, the Agency shall send a written notice of availability (“Notice of Availability”) of the Property to certain entities designated as recipients of the Notice of Availability (“Designated Entities”); and WHEREAS, the staff report presented to the City Council, acting in its capacity as the governing body of the Agency, together with this Resolution contains the factual background and supporting information upon which the declaration and findings set forth herein are based; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO, ACTING AS THE GOVERNING BODY OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF RIALTO HEREBY RESOLVES AS FOLLOWS:
Section 1: Recitals Correct. The foregoing recitals are true and correct and incorporated herein by this reference.
Section 2: Use Finding. The City Council finds that the Property is not necessary for the Agency’s use based on the Agency’s obligations under the Dissolution Act and the LRPMP, as described in the preceding recitals and the staff report accompanying this Resolution.
Section 3: Surplus Declaration. The City Council hereby declares that the Property is surplus land pursuant to Government Code Section 54221(b)(1), and will be disposed of with the primary purpose of maximizing sales proceeds for the benefit of the taxing entities that are entitled to a portion thereof pursuant to the Dissolution Act. It is the intent of the City Council that the Property will not be sold for less than fair market value.
Section 4: Notice of Availability. The City Council directs the City Manager/Executive Director of the Agency, or his designee, to issue a Notice of Availability to the Designated Entities in accordance with the Act.
Section 5: CEQA Determination. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Agency staff have determined that the designation of the Property as 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 of a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and the purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will analyzed at the appropriate time in accordance with CEQA.
Section 6: Notice of Exemption. The City Clerk of the City of Rialto is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 7: General Authorization. The officers and staff of the Agency are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act.
Section 8: Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 9: Certification. The City Clerk of the City of Rialto shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Rialto shall cause this Resolution and the City Clerk’s certification to be entered in the File of Resolutions of the City of Rialto City Council, acting in its capacity as the governing board of the Successor Agency to the Redevelopment Agency of the City of Rialto.
PASSED, APPROVED AND ADOPTED this ____ day of ______, 2022. ____________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
____________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the _____ day of _______, 2022.
Upon motion of Councilmember ____________, seconded by Councilmember _______________, the foregoing Resolution No. _______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ______________________________________
BARBARA A. McGEE, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
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