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HomeMy WebLinkAbout2020-131 - ResolutionRESOLUTION NO. 2020-131 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 THE NORTHWEST CORNER OF HAVEN AVENUE AND CIVIC CENTER DRIVE 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 two vacant parcels at the northwest corner of Haven Avenue and Civic Center drive, 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. 2020-131 — Page 1 of 6 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. 2020-131 — Page 2 of 6 PASSED, APPROVED, and ADOPTED this 16th day of December 2020. y L. a nis Michael, Mayor ATTEST: J ice C. Reynolds, City derk 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. Ox)qtc*'/— r- 49., 11 �—j J ce C. Reynolds, City Clerk Resolution No. 2020-131 — Page 3 of 6 Exhibit A Legal Description For APN/Parcel I D(s): 0208-331-40-0-000 and 0208-331-47-0-000 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 2 OF TRACT NO. 16179, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 301, PAGES 34 TO 39 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOTS 3 AND 4 OF TRACT MAP NO. 16179, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNADINO, STATE OF CALIFORNIA, PER SUBDIVISION MAP RECORDED IN BOOK 301, PAGES 34 TO 39, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE NORTHEASTERLY -MOST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF HAVEN AVENUE, HAVING A HALF -WIDTH OF 67 FEET, SOUTH 000 27' 54" EAST A DISTANCE OF 209.72 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY OF SAID HAVEN AVENUE, SOUTH 900 00' 00" WEST A DISTANCE OF 129.41 FEET TO A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 378.50 FEET, A RADIAL TO SAID POINT BEARS SOUTH 69° 23' 02" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 170 58' 07"A DISTANCE OF 118.70 FEET TO A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.50 FEET, A RADIAL TO SAID POINT BEARS SOUTH 870 21' 09" EAST; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 490 21' 01" A DISTANCE OF 43.50 FEET TO A REVERSING CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 430 17' 50" EAST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 880 33' 19" A DISTANCE OF 1.55 FEET; THENCE NORTH 410 51' 09" EAST A DISTANCE OF 16.71 FEET; THENCE NORTH 000 00' 00" EAST A DISTANCE OF 40.99 FEET TO THE NORTHERLY BOUNDARY Resolution No. 2020-131 — Page 4 of 6 Legal Description — Page 2 OF SAID LOT 4; THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID LOT 4 NORTH 900 00' 00" EAST A DISTANCE OF 108.59 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AND DESCRIBED AS PARCEL "B" IN THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 599 OF THE CITY OF RANCHO CUCAMONGA, RECORDED DECEMBER 8, 2006, AS INSTRUMENT NO. 2006- 0848028, OFFICIAL RECORDS. Resolution No. 2020-131 — Page 5 of 6 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 i ty 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: Lot Width: Lot Depth: Zoning: P1anDesignation: 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. 2020-131 — Page 6 of 6