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: