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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO,
CALIFORNIA, DECLARING CITY OWNED PROPERTY TO BE EXEMPT
SURPLUS UNDER THE SURPLUS LAND ACT
WHEREAS, the City owns that certain property as described and depicted in Exhibit A with Assessor’s Parcel No. 131-041-032 (Portion) that is 0.533 acres in size (“Property”); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by a public agency for which the public agency’s governing board takes formal action in a regular public meeting declaring the land is surplus and not necessary for the agency’s use (i.e., the City’s use); and WHEREAS, under the Act, “agency’s use” includes, but is not limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency's governing board, for agency work or operations, including, but not limited to, utility sites, property owned by a port that is used to support logistics uses, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, sites for broadband equipment or wireless facilities, and buffer sites near sensitive governmental uses, including, but not limited to, waste disposal sites, and wastewater treatment plants; and WHEREAS, under the Act, land is exempt surplus property if it is surplus land that is to be transferred pursuant to Government Code Section 54221(f)(1)(A), Government Code Section 37364, and Section 103(c)(2) of the California Department of Housing and Community Development’s Updated Surplus Land Act Guidelines (“SLA Guidelines”); and
WHEREAS, the City desires to dispose of the Property for the development of affordable housing pursuant to Government Code Section 54221(f)(1)(A), Government Code Section 37364, and Section 103(c)(2) of the SLA Guidelines; and
WHEREAS, in declaring the Property as exempt surplus land as described above, the City Council considered all oral and written testimony presented at the February 10, 2026, City Council meeting, including, but not limited to, oral and written staff reports and oral and written testimony from members of the public.
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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 and are incorporated herein by this reference.
Section 2. The City Council makes the following findings:
(A) None of the characteristics listed under Government Code Section 54221(f)(2), apply to the Property. The Property is not:
i. Within a coastal zone.
ii. Adjacent to a historical unit of the State Parks System. iii. Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
iv. Within the Lake Tahoe region as defined in Government Code Section 66905.5.
(B) The Property is no longer necessary for the City’s use within the meaning of the term “agency’s use” as defined by the Act.
Section 3. Based upon the forgoing, t he City Council hereby declares that the Property is exempt surplus land for the purposes of the Act, because the City desires to dispose of the Property for the development of affordable housing pursuant to and in compliance with Government Code Section 54221(f)(1)(A), Government Code Section 37364, and Section 103(c)(2) of SLA Guidelines.
Section 3. The City Manager, or his or her designees, is hereby authorized to carry out all acts necessary and appropriate to carry out the purposes of this Resolutions.
Section 4. This declaration that the Property is exempt surplus land for the purposes of the Act is excluded from the definition of a project by Public Resources Code Section 21065 and CEQA Guideline 15378(b). This action declares the Property exempt surplus land. This is an administrative activity which will not result in direct or indirect physical changes to the environment. Further, the transfer/sale of surplus government property is exempt from review under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) pursuant to CEQA Guideline 15312 (Surplus Government Property Sales). The Property not in an area of statewide, regional, or
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areawide concern identified in CEQA Guideline 15206(b)(4) and therefore the exception to this exemption does not apply to this exchange of surplus property.
Section 5. This resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED this 10th day of February, 2026.
_______________________________
JOE BACA, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
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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 _________, 2026.
Upon motion of _______________, seconded by __________________, 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 January, 2026.
___________________________________
BARBARA A. McGEE, City Clerk
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Exhibit A
Property Description and Depiction
[ATTACHED AFTER THIS PAGE]