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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 3, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Adopt Resolution Declaring 21 City-owned Properties as Exempt Surplus Land (Wards 1, Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-362:
1. Declaring 21 City-owned properties, identified by the following Assessor Parcel Numbers: 0140-134-06, 0140-222-02, 0134-131-36, 0134-131-37, 0134-131-28, 0145-242-32, 0145-242-33, 0146-193-17, 0273-171-01, 0146-053-27, 1191-031- 29, 1191-031-27, 1191-031-18, 1191-031-19, 1191-051-38, 1191-051-42, 1191- 051-44, 1191-051-45, 1191-051-48, 1191-051-66, 1191-051-24 as exempt surplus land pursuant to Government Code Section 54221(f)(1); confirming that the properties are not subject to the notice of availability or negotiation requirements under the Surplus Land Act; and
2. Authorizing the City Manager to proceed with the disposition process in accordance with applicable law; and finding the action exempt from CEQA for the disposition of City-owned properties.
Executive Summary
The City of San Bernardino is considering a Resolution to declare twenty-one City-owned vacant properties, totaling approximately 4.24 acres, as "exempt surplus land" under the Surplus Land Act (Government Code Section 54221 et seq.). Adopting the resolution will declare the 21 properties as exempt surplus land under the Surplus Land Act, allowing the City to move forwards with disposing of the properties without going through the Notice of Availability and negotiation requirements under the Surplus Land Act. The City has evaluated the 21 properties and has determined that they are not necessary for the City’s use; as a result, the City intends to move forwards with disposing of the properties as 2 8
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exempt surplus land. These properties qualify for exemption because each property is under 0.5 acres and does not meet the requirements for housing development. Any future agreements for the sale or lease of these Properties will be brought to the Mayor and City Council for consideration at a later date. The declaration of exempt surplus land and the accompanying Resolution is statutorily required to comply with the Surplus Land Act.
Background
The Surplus Land Act (Government Code Section 54221 et seq.) requires local agencies to take formal action before disposing of publicly owned land that is no longer necessary for the agency’s use. Under the Act, such land must be classified as either “surplus land” or “exempt surplus land”, with written findings supporting the designation.
New legislation (AB 1486, effective January 1, 2020) strengthened these requirements, prioritizing the availability of surplus land for affordable housing development and other public uses. However, certain categories of land qualify as exempt surplus land, meaning they are not subject to the Act’s notice and negotiation requirements.
In this case, the City owns twenty-one vacant properties totaling approximately 4.24 acres. Following an internal evaluation, City staff have determined that the Properties are not necessary for the City’s use and qualify as exempt surplus land under Government Code Section 54221(f)(1) because:
1. The Properties are smaller than 0.5 acres in total size; and
2. They do not meet the requirements for housing development as specified under the Act.
Because the Properties qualify as exempt surplus land, the City is not required to issue Notices of Availability to affordable housing sponsors or public entities, nor is it required to engage in the Act’s 90-day negotiation process. Instead, the City may proceed with the disposal of the Properties in accordance with applicable local procedures without further obligations under the Surplus Land Act.
Adoption of the attached Resolution will formally declare the Properties as exempt surplus land, allowing the City to move forward with disposition without being subject to the Surplus Land Act’s notice and negotiation requirements.
Discussion
The City owns twenty-one vacant properties, totaling approximately 4.24 acres, located within the City boundaries, as described and depicted in Exhibits “A” and “B” (the “Properties”). City staff have evaluated the Properties for potential use in City work or operations and has determined that they are not necessary for the City’s use.
Furthermore, the Properties qualify as exempt surplus land under Government Code Section 54221(f)(1) because they are smaller than 0.5 acres and do not meet the requirements for housing development. As exempt surplus land, the Properties are not subject to the Notice of Availability and negotiation requirements under the Surplus Land 2 8
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Act (Government Code Section 54221 et seq.).
Staff recommends that these Properties be declared “exempt surplus land” under the Surplus Land Act so that they may eventually be disposed of, as they are no longer needed for City purposes, and would best serve the City and community if they were developed. Additionally, any sale proceeds may provide additional funding to enhance City services. Future developments would also eliminate blight in the respective areas and would further support economic growth and the expansion of development in the areas surrounding each of the Properties.
2021-2025 Strategic Targets and Goals
Declaration of the Properties as surplus land aligns with Key Target 4: Economic Growth and Development. Supporting the possible sale and reuse of land for future developments may result in additional revenue sources for the City and provide services or amenities to support the growing community.
Fiscal Impact
There is no fiscal impact associated with this action other than staff time, however, should the city dispose of the properties the city could receive revenue from the disposition.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-362:
1. Declaring 21 City-owned properties, identified by the following Assessor Parcel Numbers: 0140-134-06, 0140-222-02, 0134-131-36, 0134-131-37, 0134-131-28, 0145-242-32, 0145-242-33, 0146-193-17, 0273-171-01, 0146-053-27, 1191-031- 29, 1191-031-27, 1191-031-18, 1191-031-19, 1191-051-38, 1191-051-42, 1191- 051-44, 1191-051-45, 1191-051-48, 1191-051-66, 1191-051-24 as exempt surplus land pursuant to Government Code Section 54221(f)(1); confirming that the properties are not subject to the notice of availability or negotiation requirements under the Surplus Land Act; and
2. Authorizing the City Manager to proceed with the disposition process in accordance with applicable law; and finding the action exempt from CEQA for the disposition of City-owned properties.
Attachments
Attachment 1 Resolution No. 2025- 362 Resolution Declaring Exempt Surplus Land
Attachment 2 Exhibit A – Legal Descriptions of Properties Attachment 3 Exhibit B – Vicinity Maps and Zoning Descriptions Attachment 4 PowerPoint Presentation
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Ward:
First Ward; Second Ward
Synopsis of Previous Council Actions:
None.