RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED BY THE CITY LOCATED AT: N PALM AVENUE/ 1ST STREET (0130-142-08); 103 N PALM AVENUE (0130-231-12); 105 S PALM AVENUE (0130-231-11); 109 S PALM AVENUE (0130-231-10); 115 S PALM AVENUE 0130-231-09; S PALM AVENUE/1ST STREET (0130-231-26); 123 S PALM AVENUE (0130-231-25); 127 S PALM AVENUE (0130-231-06); 131 S PALM AVENUE (0130-231-27); 137 S PALM AVENUE (0130-231-03); 141 S PALM AVENUE (0130-231-02); 201 S PALM AVENUE (0130-271-14); 209 S PALM AVENUE (0130-271-13); 241 S PALM AVENUE (0130-271-04); S PALM AVENUE/RIALTO AVENUE (0130-271-03); S PALM AVENUE/RIALTO AVENUE (0130-271-02); S PALM AVENUE/RIALTO AVENUE (0130-271-01); 140 S ORANGE AVENUE (0130-231-22); S ORANGE AVENUE/RIALTO AVENUE (0130-271-25); S ORANGE AVENUE/RIALTO AVENUE (0130-271-26); S ORANGE AVENUE/RIALTO AVENUE (0130-271-27); 239 S ORANGE AVENUE (0130-281-35); 249 S ORANGE AVENUE (0130-281-36); 136 S RIVERSIDE AVENUE (0130-241-30); S OLIVE AVENUE/RIALTO AVENUE (0130-251-29); N OLIVE AVENUE/1ST STREET (0130-171-07), RIALTO, CALIFORNIA ARE DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE AT THIS TIME, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS.
WHEREAS, the City of Rialto (“City”) is the owner in fee simple of that certain real property located at N PALM AVENUE/ 1ST STREET (0130-142-08); 103 N PALM AVENUE (0130-231-12); 105 S PALM AVENUE (0130-231-11); 109 S PALM AVENUE (0130-231-10); 115 S PALM AVENUE (0130-231-09); S PALM AVENUE/1ST STREET (0130-231-26); 123 S PALM AVENUE (0130-231-25); 127 S PALM AVENUE (0130-231-06); 131 S PALM AVENUE (0130-231-27); 137 S PALM AVENUE (0130-231-03); 141 S PALM AVENUE (0130-231-02); 201 S PALM AVENUE (0130-271-14); 209 S PALM AVENUE (0130-271-13); 241 S PALM AVENUE (0130-271-04); S PALM AVENUE/RIALTO AVENUE (0130-271-03); S PALM AVENUE/RIALTO AVENUE (0130-271-02); S PALM AVENUE/RIALTO AVENUE (0130-271-01); 140 S ORANGE AVENUE (0130-231-22); S ORANGE AVENUE/RIALTO AVENUE (0130-271-25); S ORANGE AVENUE/RIALTO AVENUE (0130-271-26); S ORANGE AVENUE/RIALTO AVENUE (0130-271-27); 239 S ORANGE AVENUE (0130-281-35); 249 S ORANGE AVENUE (0130-281-36); 136 S RIVERSIDE AVENUE (0130-241-30); S OLIVE AVENUE/RIALTO AVENUE (0130-251-29); N OLIVE AVENUE/1ST STREET (0130-171-07), Rialto California described in Exhibit “A,” attached hereto and made a part of hereof (collectively referred to as the “Property”); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”) as recently amended by AB 1486, 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, the Act provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City’s policies or procedures; and WHEREAS, pursuant to 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, Government Code Section 54222, requires the City, if it declares land it owns to be surplus and not necessary for the City’s use, to provide written notice thereof to certain local agencies and housing sponsors (“Designated Entities”), through a “Notice of Availability” in order to begin the process (“Notification Process”); and WHEREAS, the Notification Process provides Designated Entities a 60-day opportunity to request to negotiate for the lease or sale of the Property consistent with parameters for such negotiations provided by the Act; and WHEREAS, a general description of the nature of each Property is as follows: N PALM AVENUE/ 1ST STREET (0130-142-08) vacant lot; 103 N PALM AVENUE (0130-231-12) parking lot; 105 S PALM AVENUE (0130-231-11) parking lot; 109 S PALM AVENUE (0130-231-10) parking lot; 115 S PALM AVENUE (0130-231-09) parking lot; S PALM AVENUE/1ST STREET (0130-231-26) parking lot; 123 S PALM AVENUE (0130-231-25) parking lot; 127 S PALM AVENUE (0130-231-06) parking lot; 131 S PALM AVENUE (0130-231-27) single family structure; 137 S PALM AVENUE (0130-231-03) garden; 141 S PALM AVENUE (0130-231-02) garden; 201 S PALM AVENUE (0130-271-14) vacant lot; 209 S PALM AVENUE (0130-271-13) vacant lot; 241 S PALM AVENUE (0130-271-04) vacant lot; S PALM AVENUE/RIALTO AVENUE (0130-271-03) vacant lot; S PALM AVENUE/RIALTO AVENUE (0130-271-02) vacant lot; S PALM AVENUE/RIALTO AVENUE (0130-271-01) vacant lot; 140 S ORANGE AVENUE (0130-231-22) vacant lot; S ORANGE AVENUE/RIALTO AVENUE (0130-271-25) vacant lot; S ORANGE AVENUE/RIALTO AVENUE (0130-271-26) vacant lot; S ORANGE AVENUE/RIALTO AVENUE (0130-271-27) vacant lot; 239 S ORANGE AVENUE (0130-281-35) vacant lot; 249 S ORANGE AVENUE (0130-281-36) vacant lot; 136 S RIVERSIDE AVENUE (0130-241-30) commercial building - vacant; S OLIVE AVENUE/RIALTO AVENUE (0130-251-29) vacant lot; N OLIVE AVENUE/1ST STREET (0130-171-07) vacant lot; and WHEREAS, City staff has evaluated the Property for its potential to be used for alternate City work or operations (i.e., for the City’s “agency use” as defined by Section 104 of HCD’s Updated Surplus Land Act Guidelines) and has determined that the Property is not needed for such City uses at this time; and WHEREAS, approval of this Resolution will confirm the City Council’s declaration that the Property is surplus and not necessary for the City’s use and authorize the initiation of the Notification Process; and WHEREAS, the accompanying staff report, as presented to the City Council at its public meeting on _______, 2025, which is incorporated herein by this reference, provides further supporting information upon which the declaration and findings set forth in this Resolution are based; and WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rialto, as follows:
SECTION 1. The above recitals are true and correct, are incorporated herein by this reference, and are a substantive part of this Resolution.
SECTION 2. Based upon the forgoing, the City Council finds that the Property is not necessary for the City’s use and, therefore, the City Council hereby declares that the Property is surplus land as defined by Government Code Section 54221.
SECTION 3. Consistent with the requirements of Government Code Section 54222, the City Clerk, or his or her designee, is hereby directed to initiate the Notification Process by providing written notice of the City Council’s declaration to the Designated Entities in the form and content required by law.
SECTION 4. 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 designation of this 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 or a reasonably foreseeable indirect physical change in the environment. If and when the property 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 5. The City Clerk, or his or her designee, is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 6. 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. 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 or lease the Property in compliance with the Act.
PASSED, APPROVED, AND ADOPTED this day of , 20 .
_______________________________
JOE BACA, Mayor
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. 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 , 20 .
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, 20 .
BARBARA A. MCGEE, City Clerk
EXHIBIT “A”
DESCRIPTION OF PROPERTY
The lands referred to herein below are situated in the City of Rialto, County of San Bernardino, State of California, and are described as follows:
Lot 20, Block 5, Town of Rialto, in the City of Rialto, as per Plat recorded in Book 4, Page 10, of Maps, records of said County (APN 0130-142-08).
Lot 25 and 26, Block 12, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, Pages 10, in the Office of the County Recorder of San Bernardino County (APN 0130-231-12).
Lot 27 and 28, Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, Pages 10, in the Office of the County Recorder of San Bernardino County (APN 0130-231-11).
Lot 29 and 30, Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4, Page 10 of Maps, in the Office of the County Recorder of said County (APN 0130-231-10).
Lots 31 and 32, Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, Pages 10, records of San Bernardino County, State of California (APN 0130-231-09).
Lot 33 and 34, and North 1/2 Lot 35, Block 12, according to Map of Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Plat recorded in Book 4, Page 10 of Maps, in the Office of the County Recorder of said County (APN 0130-231-26).
South 1/2 of Lot 35 and Lots 36 and 37 in Block 12, according to Map of the Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4, Pages 10 of Maps, in the Office of the Recorder of said County (APN 0130-231-25).
Lots 38, 39, and 40 inclusive, in Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, filed in Book 4, Pages 10, of Maps, in the Office of the County Recorder of said County (APN 0130-231-06).
Lots 41 and 42 in Block 12 of Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Plat recorded in Book 4, Page 10, of Maps, records of said County (APN 0130-231-27).
Lots 43 and 44, Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Plat recorded in Book 4 of maps, Page 10, records of said County (APN 0130-231-03).
Lots 45 and 46, in Block 12, of the Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, Page 10, in the Office of the County Recorder of said County (APN 0130-231-02).
Lots 23, 24, and 25 of inclusive, in Block 13, of Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4, Page 10, of Maps, in the Office of the County Recorder of said County (APN 0130-271-14).
Lots 26, 27, and 28, Block 13, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Plat recorded in Book 4 of Maps, Page 10, records of said County (APN 0130-271-13).
Lot 41, Block 13, Town of Rialto, as per Plat recorded in Book 4, Page 10 of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-271-04).
Lot 42, Block 13, Town of Rialto, as per Plat recorded in Book 4 of Maps, as per Plat recorded in Book 4, Page 10, of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-271-03).
Lot 43, Block 13, Town of Rialto, as per Plat Recorded in Book 4, Page 10 of Maps, in the City of Rialto, County San Bernardino, State of California (APN 0130-271-02).
Lot 44, Block 13, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Plat recorded in Book 4, Page 10 of Maps, in the Office of the County Recorder of said County (APN 0130-271-01).
Lots 19 and 20, Block 12, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, filed in Book 4, Page 10 of Maps, in the Office of the County Recorder of said County (APN 0130-231-22).
Lot 20, Block 13, Towns of Rialto, as per Plat recorded in Book 4, Page 10, of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-271-25).
Lot 21, Block 13, Towns of Rialto, as per Plat recorded in Book 4, Page 10, of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-271-26).
Lot 22, Block 13, Towns of Rialto, as per Plat recorded in Book 4, Page 10 of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-271-27).
Lot 39, 40, 41 and North 15 feet of Lot 42, Block 14, Town of Rialto, as per Plat recorded in Book 4, Page 10 of Maps, in the City of Rialto, County of San Bernardino, State of California (APN 0130-281-35).
The South 10 feet of Lot 42 and all of Lots 43 and 44, Block 14, Town of Rialto, as per Plat on file in Book 4, Page 10 of Maps, official records of San Bernardino County, California (APN 0130-281-36).
Lot 13 of Block 11 of Town of Rialto, City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4 of Maps, Page 10 of Maps, in the Office of the County Recorder of said County (APN 0130-241-30).
Lots 15 and 16 of Block 10, Town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per Map recorded in Book 4, Pages 10, of Maps, in the Office of the County Recorder of said County. Excepting and reserving all uranium, thorium, and other fissionable materials, all oil, gas, petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinabove described land, together with the right to use that portion only of said land which underlies a plane parallel to and 500 feet below the present surface of said land, for the purpose of prospecting for, developing and/or extracting said uranium, thorium, and other fissionable materials, oil, gas, petroleum, asphaltum, and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern California Edison Company, its successors and assigns, shall have not right to enter upon the surface of said land, or to use said land or any portion thereof to said depth of 500 feet, for any purpose whatsoever, by deed recorded August 13, 1979 in Book 9748, Page 251, of official records (APN 0130-251-29).
Lot 18 in block 8 of town of Rialto, in the City of Rialto, County of San Bernardino, State of California, as per plat recorded in book 4 of maps, Page 10, records of said County, assessor parcel number (APN 0130-171-07). -4-
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