RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO DECLARING THAT CERTAIN 3,000 SQUARE FEET COMMERCIAL PARCEL LOCATED AT 136 S. RIVERSIDE AVE. IDENTIFIED BY ASSESSOR’S PARCEL NUMBER 0130-241-30 AS EXEMPT SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE; AND DIRECTING THE CITY MANAGER TO PLACE THE PROPERTY FOR AUCTION TO THE HIGHEST BIDDER; AND FINDING THAT THE ACTIONS ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in 1999 the Redevelopment Agency of the City of Rialto, (the “RDA”), purchased the 2,400 square feet commercial building on a 3,000 square feet parcel located at 136 S. Riverside Avenue, identified by Assessor Parcel Number 0130-241-30, (the “Property”), for the purpose of utilizing the Property as part of a contemplated City Hall expansion project and Metrolink pedestrian access; and WHEREAS, pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Rialto (“City”) adopted Resolution No. 6057 on September 27, 2011, electing to serve as Successor Agency to the RDA (hereafter the “Successor Agency”); and WHEREAS, pursuant to the Dissolution Act, the Successor Agency prepared a Long-Range Property Management Plan (the “LRPMP”) to identify all the assets held by the Successor Agency and their disposition in accordance with the Dissolution Act; and WHEREAS, the Property was identified as “Project #2 – 136 S. Riverside Avenue” in the LRPMP and was designated as a property to be retained by the City for a governmental purpose pursuant to Section 34191.5(c)(2)(A) of the California Health and Safety Code; and WHEREAS, on March 10, 2015, the California Department of Finance approved the Successor Agency’s LRPMP; and WHEREAS, on August 13, 2015, the Successor Agency transferred the Property to the City of Rialto for governmental use pursuant to the LRPMP promulgated pursuant to Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code (the “Dissolution Act”) in accordance with the LRPMP; and WHEREAS, the City has determined that the Property is no longer necessary for the City’s use; and WHEREAS, pursuant to the LRPMP, the Oversight Board established pursuant to the Dissolution Act and the State Department of Finance shall have no further authority over the use or disposition of Governmental Use Properties following the transfer of these properties to the City; and WHEREAS, under the Surplus Land Act, Government Code Section 54220 et seq. (“Act”), surplus land is land owned in fee simple by the City for which the City’s governing body takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; 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’s governing board, for City work or operations; and WHEREAS, the City desires to declare that the Property is exempt surplus land and not necessary for the City’s use; and WHEREAS, the staff report presented to the City Council, 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, HEREBY FINDS, DETERMINES AND 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 City’s use 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 exempt surplus land pursuant to Government Code Section 54221(f)(1)(B) because it is less than 5,000 square feet in area.
Section 4: 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”). City 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 5: 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 6: General Authorization. The City Manager is hereby authorized to place the Property for sale at auction to the highest bidder for not less than the fair market value as determined by a Broker’s Opinion of Value or an appraisal.
Section 7: Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 8: 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. \\\\\
PASSED APPROVED AND ADOPTED this ______ day of ______, 2021. ______________________________
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 ______________, 2021.
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 _________________, 2021. ____________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT A
Legal Description and Map of “Property”
136 S. Riverside Avenue
Lot 13 of Block 11 of Town of Rialto, in the County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, at Page 10 of Maps, in the Office of the County Recorder of San Bernardino County.
APN 0130-241-30
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