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Home My WebLink AboutRES 2022-076RESOLUTION NO. 2022-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221(f)(1)(C) THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 73420 DINAH SHORE DRIVE IN THE CITY IS NOT NECESSARY FOR THE CITY’S USE AND IS EXEMPT SURPLUS LAND; AND TAKING RELATED ACTIONS WHEREAS, the City of Palm Desert is the owner in fee simple of that certain real property located in the City at 73420 Dinah Shore Drive and identified as Assessor’s Parcel No. 694-060-010 (“City Parcel”); and WHEREAS, pursuant to Section 54221(b) of the Surplus Land Act, Government Code Sections 54220-54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, Government Code Section 54221(c)(1) provides that “agency’s use” shall include, but not be limited to, land that is being used or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, provided that “agency’s use” shall not include commercial or industrial uses or activities, and land disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use; and WHEREAS, the City Parcel, which is approximately .67 acres in size and vacant, is not currently being used by the City. City staff has evaluated the City Parcel for its potential to be used for City work or operations and has determined that the City Parcel is not suitable for “agency’s use”; and WHEREAS, Monterey 2.0, LLC owns a fee simple interest in property located in the City at 72920 Dinah Shore Drive and identified as Assessor’s Parcel No. 685-020- 034 (“Monterey Parcel”). The Monterey Parcel is approximately .28 acres in size and vacant; and WHEREAS, City staff have evaluated the Monterey Parcel for its potential to be used as City public open space and the City Council desires to exchange the City Parcel for the Monterey Parcel (with a payment by Monterey 2.0, LLC to the City in an amount equal to the difference in the fair market value of the parcels), with the Monterey Parcel to be used as City public open space; and WHEREAS, under the Act, surplus land that a local agency is exchanging for another property necessary for the agency’s use is exempt surplus land; and WHEREAS, the City Council desires to declare that the City Parcel is not necessary for the City’s use and is exempt surplus land; and Resolution No. 2022-76 Page 2 -2- P6401-0001\2685690v1.doc WHEREAS, the Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the Act; and WHEREAS, at its July 14, 2022, meeting, the City Council approved the City entering into an exclusive negotiating agreement with Monterey 2.0, LLC for the purpose of negotiating on an exclusive basis the terms and conditions of an agreement for the exchange of the City Parcel for the Monterey Parcel; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. Pursuant to Government Code Sections 54221(b) and 54221(f)(1)(C), the City Council hereby declares that the City Parcel is not necessary for the City’s use and is exempt surplus land because the City intends to exchange the City Parcel for the Monterey Parcel, with the Monterey Parcel to be used as City public open space. This resolution constitutes a written plan for the exchange of the City Parcel for the Monterey Parcel for “agency’s use”. SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Staff has determined that the designation of this property as “Exempt Surplus” does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. SECTION 4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 5. Staff of the City are hereby authorized and directed to provide a copy of this Resolution to the California Department of Housing and Community Development (“HCD”) in the form and manner required by HCD at least 30 days prior to the disposition of the City Parcel. SECTION 6. The officers and staff of the City 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. Resolution No. 2022-76 Page 3 -3- P6401-0001\2685690v1.doc ADOPTED ON AUGUST 25, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-76 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on August 25, 2022, by the following vote: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, AND HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on September 2, 2022. ANTHONY J. MEJIA CITY CLERK Anthony Mejia (Sep 2, 2022 13:07 CDT) Anthony Mejia (Sep 2, 2022 13:07 CDT) MIRIAM WAYSHOPPER S LN MONTEREY AVED I N A H S HO R E D R CARVERS PLZ MONTEREY AVECARVERS PLZMIRIAM WAYDINAH SHORE DR DINAH SHORE DRSHOPPERS LNDINAH SHORE DR CARVERS PLZALLEYSHOPPERS LNGATEWAY DRTONI WYDate: 2022 I VICINITY MAP Legend City of Palm Desert Monterey Crossing Palm Desert City Boundary Resolution No. 2022-76 Exhibit "A"