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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