HomeMy WebLinkAbout2022 066 RESO RESOLUTION NO. 2022-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING AN INVENTORY REPORT OF THE CITY'S SURPLUS AND
EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230
WHEREAS, the City of Baldwin Park ("City") is a municipal corporation and
is a "local agency"within the meaning of the Surplus Land Act, Government Code
sections 54220 of seq. (as amended, the "Act"); and
WHEREAS, Government Code section 54230 requires that on or before
December 31 of each year, each local agency make an inventory of all surplus and
excess lands held, owned, or controlled by it or by any of its departments, agencies
or authorities (the "Inventory List"), and that such Inventory List be made a matter
of public record and be made available to any citizen, limited dividend corporation,
housing corporation, or nonprofit corporation at no charge; and
WHEREAS, "surplus land" is defined in the Act as "land owned in fee simple
by any local agency for which the local agency's governing body takes formal
action in a regular public meeting declaring that the land is surplus and is not
necessary for the agency's use"; and
WHEREAS, "excess land" is defined in the Act as land that "is in excess of
its foreseeable needs"; and
WHEREAS, Government Code section 54230 specifies that the following
information must be provided for each property included in the Inventory List: (1)
the street address or similar location information; (2)the assessor's parcel number;
(3) the existing use; (4) whether the site is surplus land or exempt surplus land;
and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code
section 54230, is attached hereto as Exhibit A and incorporated herein by this
reference.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
BALDWIN PARK AS FOLLOWS:
SECTION 1, The above recitals are true and correct and are a substantive
part of this Resolution.
SECTION 2. Each of the three (3) parcels on the Inventory List (the
"Surplus Properties") are not necessary for the City's use, and there is no planned
use by the City of these surplus or excess properties.
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SECTION 3. Three (3) of the properties are excess lands, as defined in
Government Code section 50569, and three (3) of the properties are non-exempt
surplus land, as defined in Government Code section 54221(b).
SECTION 4. Based on the true and correct written findings in this
Resolution and incorporated herein by reference, the City Council hereby
authorizes the listing of the surplus and excess properties on the Inventory List
created by City staff pursuant to and in compliance with Government Code section
54230.
SECTION 5. The listing of the surplus and excess properties on the
Inventory List are actions that are exempt from environmental review under the
California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines §
15378, because they have no potential for resulting in physical change in the
environment, directly or indirectly. If and when one of the properties is sold to a
purchaser, and that purchaser proposes a use for the property that requires CEQA
review, that future use and project will be analyzed at the appropriate time in
accordance with CEQA. Alternatively, even if the above-described actions are a
"project" within the meaning of CEQA Guidelines section 15378, such actions
would be exempt from CEQA review under the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. (State CEQA Guidelines, Section 15061(b)(3)).
SECTION 5. If any section, subsection, paragraph, sentence, clause, or
phrase of this Resolution is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining portions of this Resolution.
SECTION 6. This Resolution shall take effect immediately upon its adoption
by the City Council.
PASSED AND APPROVED this 21stday of December, 2022.
EMMANUEL J. ESTRADA, MAYOR
BALDWIN PARK CITY COUNCIL
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Christopher Saenz, City Clerk of the Baldwin Park City Council, do hereby
certify that the foregoing Resolution No, 2022-066 was duly and regularly approved
and adopted by the City Council at a regular meeting thereof, held on the 21st day
of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS: Avila,Ayala,Damian,Estrada, Garcia
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHR .S- OPHER SAENZ
BALDWIN PARK CITY CLERK
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