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Reso 1669 04/2024RESOLUTION NO. 1669 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY LOCATED NEAR THE DISTRICT HEADQUARTERS (A PORTION OF APN 220-220-06) IS NON-EXEMPT SURPLUS LAND, APPROVING THE NOTICE OF AVAILABILITY THEREFOR, AUTHORIZING THE GENERAL MANAGER TO COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 15060(C) AND 15312 OF THE CEQA GUIDELINES WHEREAS, the Vallecitos Water District (the "District") is the owner in fee simple of that certain real property identified as a portion of Assessor Parcel Number 220-220- 06, which is approximately 32.7 acres in size and is located near the District's headquarters near Mission Road and Knoll Road in San Marcos, California, as identified and depicted in "Exhibit A" attached hereto and incorporated herein by reference (the "Property"). WHEREAS, the District no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the "Act"), applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221; and WHEREAS, the Property is "surplus land" under the Act, because it is land owned in fee simple by the District for which the Board of Directors will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the District's use; and WHEREAS, the Act requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must issue a Notice of Availability to, among others, affordable housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities; and WHEREAS, the Property is not exempt from the Act; and WHEREAS, a form of Notice of Availability is attached hereto as "Exhibit B." Resolution No. 1669 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District as follows: SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the Board of Directors. SECTION 2: The Board of Directors hereby finds and declares that the Property is "surplus land" as used in the Act, because the Property is owned in fee simple by the District, and the Property is surplus and not necessary for the District's use. SECTION 3: The Board of Directors hereby approves the form of Notice of Availability substantially in the form attached hereto as "Exhibit B." SECTION 4: The Board of Directors hereby authorizes the General Manager or designee to take all necessary actions to fully comply with the Act without further need to obtain further Board approval. SECTION 5: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). District staff has determined that the designation of the Property as non- exempt surplus, approval of the form of Notice of Availability, and authorization for the General Manager to comply with the Act do not have the potential for creating a significant effect on the environment and are therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because such actions do not constitute a "project" as defined by the CEQA Guidelines, Section 15378. In the alternative, even if the actions contemplated here constituted a "project" under CEQA, they involve the sale of surplus government property, which is exempt from environmental review under CEQA pursuant to a Class 12 categorical exemption. Specifically, the government Property is not located in an area of statewide, regional or areawide concern as defined in CEQA Guidelines section 15206(b)(4). The Property is not located in any of the following : the Lake Tahoe Basin, the Santa Monica Mountains Zone, the California Coastal Zone, an area within % mile of a wild and scenic river, the Sacramento -San Joaquin Delta, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and Development Commission. Therefore, the Board of Directors' adoption of this Resolution is exempt from CEQA review. Finally, adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when any of the Property is sold to a purchaser, and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. This Resolution does not constitute a binding commitment to any particular use of the Property. SECTION 6: 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. Resolution No. 1669 Page 3 SECTION 7: The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on the 17th day of April, 2024, by the following roll call vote: AYES: BOYD-HODGSON, ELITHARP, GROSET, HERNANDEZ, PENNOCK NOES: ABSTAIN: / ABSENT: (� 1'd -Hodgson, President B"rdirectors Vallecitos Water District ATTEST: '4� - a s Gumpel, Secretary Board of Directors Vallecitos Water District Resolution No. 1669 Page 4 EXHIBIT A PROPERTY DESCRIPTION The Property consists of the approximately 32.7 acre portion of APN 220-220-06 shaded in blue below: - �`" -- __ SITE, (APINI 220.220.06 ( 1 s -- -- _ MISSION SPORTS PARK------- -- APN 220-220-07 14 AC. T -' 15.4 AC. OPERATJONS13 f\- VWD ADMIN. ;AREA' EQ ( e BUILDING _ `l)7 `,,•` APN 220-220-06 — jl HILLSIDE%AREA `32:7!Ac—res+1_' r _ a - Resolution No. 1669 EXHIBIT B FORM OF NOTICE OF AVAILABILITY (to be filled in prior to issuance) [DATE] To All Interested Parties: RE: Notice of Availability/Offer to Lease or Sell Surplus Property Paae 5 As required by Government Code Section 54220 of the State of California, the Vallecitos Water District is providing notification that the District intends to lease or sell the surplus property listed in the accompanying table. In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the District of your interest in acquiring the property. However, this offer shall not obligate the District to lease or sell the property to you. Instead, the District would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on price and terms, the District may market the property to the general public. As required by Government Code Section 54227, if the District receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. In the event your agency or company is interested in leasing or buying the property, you must notify the District in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to: [INSERT STAFF CONTACT AND TITLE] Vallecitos Water District [INSERT MAILING ADDRESS] You may also direct your questions to [INSERT EMAIL] or by calling [INSERT PHONE NUMBER]. Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). Attachment: Property Description Form Resolution No. 1669 Page 6 Notice of Availability Property Description PROPERTY DESCRIPTION FORM (Attachment to NOA Cover Letter) Parcel 1 Parcel 2 Parcel 3 Parcel 4 Combined Parcels Property Address I Intersection n.f@ n=a n a nfa City ZIP Code County Assessor Parcel Parcel Size Zoning Designation General Plan Designation Existing Use Minimum and Maximum Density Allowed (units!acre) Min. Sales Price (if an Last Appraised Value Last Appraised Date Site Constraints: Additional Information: