RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO AFFIRMING COMPLIANCE WITH THE STATE SURPLUS LAND ACT RELATED TO THE DEVELOPMENT OF A NEW POLICE STATION UTILIZING THE PUBLIC-PRIVATE PARTERNSHIP MECHAMISM SET FORTH IN GOVERNMENT CODE SECTION 5496 WHEREAS, the City of Rialto is a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Rialto as a general law city complies with the general laws of the State of California, including the Surplus Property Land Act; and WHEREAS, the City is the owner in fee simple of that certain real property located at 128 N. Willow Avenue, which is presently utilized as an 18,000 square foot single-story concrete block structure police station with a basement that includes a firing range and includes several modular trailers for additional office space on a 3.73 acre parcel identified by Assessor’s Parcel Number 0130-191-11 (the “Property”); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the Property is currently being used by the City as its Police Station; and WHEREAS, the City intends to continue to use the Property by developing a new and larger Police Station on the Property; and WHEREAS, the City Council desires to utilize the public-private partnership procurement approach set forth in Government Code Section 5496 to design, build, finance, operate and maintain the development of a new Police Station on the Property; and WHEREAS, the City intends to release a Request for Proposals (the “RFP”) in 2022 seeking a developer to finance the development of a new Police Station on the Property utilizing the public-private partnership mechanism set forth in Government Code Section 5496; and WHEREAS, as part of the public-private partnership mechanism, it is necessary for the City to enter into a coterminous long-term ground lease and long-term facility lease of the Property with the selected developer that will enable the developer to obtain financing for the design, construction, operation and maintenance of the facility and to recover from the City the developer’s costs to complete the project in addition to negotiated overhead and profit margins; and WHEREAS, the prospective coterminous long-term ground lease and long-term facility lease of the Property contemplated by the RFP are merely financing mechanisms that facilitate the development and continued use of the Property by the City as its Police Station; and WHEREAS, by adopting this Resolution and authorizing issuance of the RFP, the City is adopting a written plan for the ongoing use of the Property as its Police Station as required to demonstrate existing and planned “use” of the Property under the Act; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIALTO, 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 the Property is not surplus land for the purposes of the California Surplus Land Act (Government Code Section 54220 et seq.) because it is presently and continues to be necessary for the City’s use as its Police Station. The basis for this declaration is that the City intends to continue to use the Property to develop a new Police Station.
Section 3. The City Council hereby declares that the prospective coterminous Ground Lease and Facilities Lease contemplated by the RFP are merely financing mechanisms that facilitate the development and continued use of the Property as a new Police Station for the City’s use.
Section 4. The City hereby adopts the written plan described in this Resolution and in the accompanying staff report for the ongoing use of the Property as required to demonstrate existing and planned “use” of the Property under the Act.
Section 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the proposed actions do not constitute a “project” as defined by the CEQA. 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. Prior to commencing construction of the new Police Station, the City will complete all necessary reviews in accordance with CEQA.
Section 6. The City Clerk is directed to provide a copy of this Resolution to the California Department of Housing and Community Development for its review.
Section 7. The officers and staff of the City 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.
PASSED, APPROVED AND ADOPTED this 26th day of April, 2022. _____________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
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 Council Member ____________, seconded by Council Member ____________, 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 MCGEE, CITY CLERK
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