Loading...
2022-47 RESOLUTION NU. 2022-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE FINDING THAT THE SALE OF REAL PROPERTY LOCATED AT 22582 CITY CENTER COURT, GRAND TERRACE, CA TO THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND THE APPROVAL OF THE RELATED PURCHASE AND SALE AGREEMENT IS NOT SUBJECT TO CEQA; AND APPROVING THE CITY'S SALE THEREOF AND THE RELATED PURCHASE AND SALE AGREEMENT, CONTINGENT UPON A GENERAL PLAN CONFORMANCE FINDING PURSUANT 'TO GOVERNMENT CODE SECTION 65402 AND AN EXEMPT SURPLUS DETERMINATION PURSUANT TO THE SURPLUS LAND ACT WHEREAS, the City of Grand Terrace ("City") owns the real property located at 22582 City Center Court in the City of Grand Terrace ("Property"); and WHEREAS, the San Bernardino County Fire; Protection District, a public entity, ("District") provides fire protection services to the City and, in connection with the forgoing, leases the Property for use as fire station providing fire protection services to the'City; and WHEREAS, the City desires to sell the Property,to the District, and the District desires to buy the Property from the City, so that the District may continue to utilize the Property as a fire station as provided above; and WHEREAS, pursuant to an appraisal by Integra Realty Resources, the Property is currently valued $1,300,000 as of April 2022; and WHEREAS, therefore, the City and District desire to enter into that certain Agreement For Purchase and Sale of Real Property .and Joint Escrow Instructions, which is attached hereto as Exhibit A ("Agreement") such that City will sell the property to the District pursuant to the terms contained in the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. CEQA. The Property is being sold to the District for the continued and existing use as a fire station. Therefore, there is no significant impact upon thei environment as the use is not changing. Additionally, a mere transfer of title from one property owner to another property owner is not a project under CEQA pursuant to CEQA Regulation 15378 as a mere change in property ownership does not affect the environment. In the[alternative, this action is covered by the common sense exception pursuant to CEQA Regulation 15601(b)(3) stating that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. As stated before, the use of the Property will not change with this sale and, therefore, this mere change in ownership will not have a potential for causing a CC Reso No. 2022-47 Page 1 of 2 August 23, 2022 i I significant effect on the environment. Based upon the forgoing, the City Council'finds that the City's sale of the Property to the District and approval of the Agreement is not subject to and is exempt from CEQA. Section 3. Agreement. The City Council hereby approves the sale of the Property to the District and, further, approves the Agreement in substantially the form a's ;provided in Exhibit 'A," incorporated herein by this reference, ' provided that these approvals are contingent upon the following: A. The City's Planning Commission's/Site & Architectural Review Board's finds that the sale of the Property, as provided in this Resolution, is consistent with the City's General Plan pursuant to Government Code Section 65402 and, B. The Department of Housing and Community Development ("HCD") determines that the sale thereof is exempt from the requirements of the Surplus Land Act (commencing at Government Code Section 54220 et seq.) as applicable. Section 4. Authority. The Mayor is authorized to execute the Agreement subject to the City Attorney's approval as to form and subject to the General Plan Conformance finding and Surplus Land Act exemption determination,as stated in Section 3. Section 5. Effective Date. This Resolution shall immediately Itak6 effect upon passage. PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 23rd day of August, 2022. 1 D rcy cN Ma ATTEST: e ra homas City Clerk APPROVED AS TO F Adrian R. Guerra City Attorney I CC Reso No. 2022-47 Page 2 of 2 lugust 23, 2022 I , I Exhibit A Form of Agreement for Purchase and Sale of Real Property and l oint Escrow Instructions { i i j i � i i CC Reso No. 2022-47 Page 1 of 1 August 23, 2022 i ' STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I i I ' I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-47 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said ;City Council held on the 231d day of August 2022, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Wilson; Mayor Pro Tern Hussey; Mayor McNaboe NOES: None. 1 ABSENT: Council Member Robles ABSTAIN: None. Executed this 24th day of August 2022, at Grand Terrace, California. keb)ra L. Thomas ­ " City Clerk I