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HomeMy WebLinkAboutFD 2020-025 - ResolutionRESOLUTION NO. FD2020-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY LOCATED AT 9547 SAN BERNARDINO ROAD IS SURPLUS LAND AND NOT NECESSARY FOR THE DISTRICT'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the Rancho Cucamonga Fire Protection District ("District") 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 District for which the District Board of Directors takes formal action in a regular public meeting declaring the land is surplus and not necessary for the District's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the District'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 District work or operations; and WHEREAS, the Property is the Fire Station property at 9547 San Bernardino Road, which the District is no longer expected to use or need January 1, 2021; and WHEREAS, District staff has evaluated the Property for its potential to be used for District work or operations after the District discontinues use of the Property; and WHEREAS, District staff has determined that the Property is not suitable for the District's use after the District discontinues use of the Property; and WHEREAS, the Board of Directors desires to declare that the Property is surplus land and not necessary for the District's use; and WHEREAS, the Act requires that before the Board of Directors disposes of the Property or engages in negotiations to dispose of the Property, the District 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; NOW, THEREFORE, THE DISTRICT BOARD HEREBY RESOLVES AS FOLLOWS: 11231-0001 \2481928v l .doc Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Board of Directors hereby declares that the Property is surplus land and not necessary for the District's use as of January 1, 2021. The basis for this declaration is that the District has no further use for this property. No District 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 District may dispose of the property. Based upon these findings, the Board of Directors 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 District 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 Board Secretary shall certify to the adoption of this Resolution Resolution No. FD2020-025 - Page 2 of 5 PASSED, APPROVED AND ADOPTED this 16' day of December, 2020. . Dennis Michael, President ATTEST: J ice C. Reynolds, Clerk I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board 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. J ice C. Reynolds, CIA Resolution No. FD2020-025 - Page 3 of 5 Exhibit A Legal Description THAT PORTION OF THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, ACCORDING TO GOVERNMENT SURVEY, AS THE LINES OF SAID GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE CUCAMONGA RANCHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 3, 990 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION, SAID POINT BEING THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO HENRY G. KLUSMAN BY DEED RECORDED JUNE 25, 1930, IN BOOK 635, PAGE(S) 117, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE NORTH 322 FEET, MORE OR LESS, ALONG THE EAST LINE OF THE PROPERTY CONVEYED TO POINT THEREON THAT IS SOUTH 324 FEET 4 INCHES FROM THE NORTHEAST CORNER THEREOF, FOR THE TRUE POINT OF BEGINNING. THENCE 11EST 110.64 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF PROPERTY SO CONVEYED TO KLUSMAN THAT IS SOUTH THEREON 328 FEET,5 INCHES FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 328 FEET 5 INCHES ALONG SAID WEST LINE TO SAID NORTHWEST CORNER BEING A POINT ON THE SOUTH LINE OF SAN BERNARDINO ROAD; THENCE EAST 110 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID SAN BERNARDINO ROAD, BEING THE NORTH LINE OF PROPERTY SO CONVEYED TO KLUSMAN,THE NORTHEAST CORNER THEREOF; THENCE SOUTH 324 FEET 4 INCHES ALONG THE EAST LINE OF SAID PROPERTY TO THE TRUE POINT OF BEGINNING. Resolution No. FD2020-025 - Page 4 of 5 Exhibit B 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 Rancho Cucamonga Fire Protection District hereby notifies interested parties of the availability for lease or purchase of the following surplus District -owned land: [INSERT OR ATTACH AERIAL IMAGE AND/OR ASSESSOR MAP] Property Address: Assessor Parcel No Lot Size: Lot Width: Lot Depth: Zoning: Plan Designation: 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 or call at By Date Resolution No. FD2020-025 - Page 5 of 5