CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Adopt Amended Resolution No. 2026-008 Declaring 21 City-Owned Properties as Exempt Surplus Land to
Incorporate HCD-Requested Language (Wards 1 and 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt an Amended Resolution No. 2026-008, which supersedes the previously adopted Resolution No. 2025-362, to incorporate additional clarifying language requested by the California Department of Housing and Community Development (HCD):
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,and1191-051- 24, as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); confirming, as clarified per HCD guidance, that the properties are not subject to the notice of availability or negotiation requirements of the Surplus Land Act; and
2. Authorizing the City Manager to proceed with the disposition process in accordance with applicable law; and reaffirming that the action is exempt from CEQA for the disposition of City-owned properties.
City Manager Comments:
The City Manager recommends approval.
Executive Summary
On September 3, 2025, the Mayor and City Council of the City of San Bernardino reviewed and approved Resolution No. 2025-362, declaring twenty-one (21) City- owned vacant properties, totaling approximately 4.24 acres, as exempt surplus land pursuant to the Surplus Land Act (Government Code Section 54221 et seq.).
Following Council approval, City staff submitted the adopted resolution to the California Department of Housing and Community Development (HCD) for review and confirmation of eligibility for the Small Site Exemption under Government Code Section 54221(f)(1). During its review, HCD requested the City include additional clarifying language specifying that the properties also qualify for exemption under Section 54221(f)(1)(B), which requires a finding that the properties, because they are smaller than one-half acre, “are not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes.” In response to HCD’s request, and in consultation with the City Attorney’s Office, staff has prepared an Amended Resolution that incorporates the requested statutory language. The amended resolution does not change the original findings or intent of the previously adopted resolution, but provides clarification to ensure full compliance with HCD guidance and 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.
Recent legislative changes, including AB 1486 (effective January 1, 2020), strengthened the Act by prioritizing surplus land for affordable housing and other public purposes. However, the Act provides specific exemptions for certain categories of land, including small sites, which are not subject to the Act’s notice and negotiation requirements.
The City owns twenty-one (21) vacant properties totaling approximately 4.24 acres.
Following an internal evaluation, City staff 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. Each property is smaller than one-half acre;
2. The properties do not meet the requirements for housing development under the Act.
Discussion
On September 3, 2025, the Mayor and City Council adopted Resolution No. 2025-362, declaring the 21 vacant properties as exempt surplus land pursuant to the Surplus Land Act. Following Council approval, staff submitted the resolution to the California Department of Housing and Community Development (HCD) for review of the Small Site Exemption under Government Code Section 54221(f)(1). HCD requested additional clarifying language under Section 54221(f)(1)(B) confirming that, because the Properties are smaller than one-half acre, they are not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes.
In response staff has prepared an amended resolution incorporating the requested clarification. As clarified in the amended resolution, the properties are not contiguous to land owned by a state or local agency used for open-space or low- and moderate- income housing purposes, consistent with Section 54221(f)(1)(B). Adoption of the amended resolution reaffirms the exempt surplus land designation, does not change the original findings or intent, and allows the City to proceed with the future disposition of the properties without being subject to the Surplus Land Act’s notice and negotiation requirements.
Approval of the amended resolution will allow the City to proceed with the disposition of the properties as exempt surplus land without triggering the Notice of Availability or negotiation requirements of the Surplus Land Act. Any future agreements for the sale or lease of the properties will be presented to the Mayor and City Council for consideration at a later date.
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. 2026-008:
1. Declaring twenty-one (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, and 1191-051-24, as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); 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 reaffirming that the action is exempt from CEQA for the disposition of City-owned properties.
Attachments
Attachment 1 Resolution No. 2026-008
Attachment 2 Resolution No. 2026-008; Exhibit A – Legal Descriptions of Properties
Attachment 3 Exhibit B – Vicinity Maps and Zoning Descriptions Attachment 4 Resolution No. 2025-362 (Previously Adopted) Attachment 5 PowerPoint Presentation
Ward:
First Ward; Second Ward
Synopsis of Previous Council Actions:
On September 3, 2025, the Mayor and City Council of the City of San Bernardino reviewed and approved Resolution No. 2025-362, declaring twenty-one (21) City- owned vacant properties, totaling approximately 4.24 acres, as exempt surplus land pursuant to the Surplus Land Act (Government Code Section 54221 et seq.).
CC: Eric Levitt, City Manager