HomeMy WebLinkAbout2020-130 - ResolutionRESOLUTION NO. 2020-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, RANCHO CUCAMONGA, CALIFORNIA, DECLARING
PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL
PROPERTY LOCATED AT 7089 ETIWANDA AVENUE IS SURPLUS
LAND AND NOT NECESSARY FOR THE CITY'S USE, FINDING THAT
SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
TAKING RELATED ACTIONS
WHEREAS, the City of Rancho Cucamonga ("City") is the owner in fee simple of
that certain real property described in Exhibit "A," attached hereto and made a part of
hereof ("Property"); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections
54220-54233 ("Act"), 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. 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 Council, for
City work or operations; and
WHEREAS, the Property consists of the Etiwanda Depot and surrounding property
located at 7089 Etiwanda Avenue, which the City is no longer expected to use or need
as of January 1, 2021; and
WHEREAS, City staff has evaluated the Property for its potential to be used for
City work or operations after the City discontinues use of the Property; and
WHEREAS, City staff has determined that the Property is not suitable for the City's
use after the City discontinues use of the Property; and
WHEREAS, the City Council desires to declare that the Property is surplus land
and not necessary for the City's use; and
WHEREAS, the Act requires that before the City Council disposes of the Property
or engages in negotiations to dispose of the Property, the City shall send a written notice
of availability of the Property to certain designated entities; and
WHEREAS, the accompanying staff report provides supporting information upon
which the declaration and findings set forth in this Resolution are based;
Resolution No. 2020-130 — Page 1 of 5
NOW, THEREFORE, THE CITY BOARD HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The City Council hereby declares that the Property is surplus land
and not necessary for the City's use as of January 1, 2021. The basis for this declaration
is that the City has no further use for this property. No City plan identifies the Property
for public safety or other purposes.
Section 3. The City Clerk is hereby directed to send a notice of availability,
substantially in the form attached hereto as Exhibit "B" and made a part of hereof, to the
entities designated in Government Code Section 54222 ("Designated Entities") by
electronic mail or by certified mail.
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"). The Board of Directors hereby finds that it can be seen with certainty that
the declaration of surplus land has no likelihood of causing a significant negative effect
on the environment. This finding is premised on the fact that no project or physical
changes are proposed for the Property and this declaration is merely an administrative
procedure before the City may dispose of the property. Based upon these findings, the
City Council determines that this Resolution is exempt from the application of the
California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines.
Section 5. The City Clerk 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.
Section 7. The City Clerk. shall certify to the adoption of this Resolution
Resolution No. 2020-130 — Page 2 of 5
PASSED, APPROVED, and ADOPTED this 1611 day of December 2020.
ATTEST:
r°4wah—
J#ice -Q"t�'k C. Reynolds, City C erk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 16th day of
December 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 17th day of December, 2020, at Rancho Cucamonga, California.
�e e
46
ice C. Reynolds, City Clerk
Resolution No. 2020-130 — Page 3 of 5
Exhibit A
Legal Description
Parcel 1 of Parcel Map No19247, in the City of Rancho Cucamonga, County of San
Bernardino, State of California, as per map filed in Book 238 of Parcel Maps, Pages 76
through 79, inclusive, in the office of the county recorder of said county.
Except all minerals and mineral rights, interests and royalties, including without
limitation, all oil, gas and other hydrocarbon substances, as well as metallic or other
solid minerals of whatever kind or character, whether now known or hereafter
discovered, in and under the land below a depth of 500 feet under the surface without
regard to the manner in which the same may be produced or extracted from the land,
but without any right to enter upon or through the surface down to 500 feet below the
surface to extract, drill, explore or otherwise exploit such minerals or mineral rights and
without any right to remove or impair lateral or subjacent support, as reserved in deed
recorded April 19, 1991 as instrument No. 91-130996, Official Records.
Resolution No. 2020-130 — Page 4 of 5
Exhibit B
Notice of Availability
NOTICE OF AVAILABILITY OF
SURPLUS LAND
TO: Whom It May Concern
(Via Electronic Mail [and/or] Certified Mail)
RE: Notice of Availability of Surplus Land in the City of Rancho
Cucamonga Pursuant to California Government Code Section
54220, et seq.
Pursuant to the provisions of California Government Code Section 54220, et seq., the C ity of
Rancho Cucamonga hereby notifies interested parties of the availability for lease or purchase of
the following surplus City -owned land:
[INSERT OR ATTACH AERIAL IMAGE AND/OR
ASSESSOR MAP]
Property Address:
Assessor Parcel No
Lot Size:
LotWidth:
Lot Depth:
Zoning:
PlanDesignation:
Current Use:
[INSERT OPTIONAL ADDITIONAL
INFORMATION]
An entity or association desiring to purchase or lease the above -described surplus land
for any of the purposes authorized by Government Code Section 54222, must notify the
City in writing of its interest in purchasing or leasing the land within 60 days of the date
of this Notice of Availability as indicated by the date set forth below.
Please send written notices of interest to:
City of Rancho Cucamonga City Clerk
10500 Civic Center Drive, Rancho Cucamonga, CA 91730
For further information, please send e-mail inquiries to:
at
By
; or call , at
Date
Resolution No. 2020-130 — Page 5 of 5