HomeMy WebLinkAboutRES 2022-101RESOLUTION NO. 2022-101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221
THAT CERTAIN REAL PROPERTIES OWNED BY THE CITY LOCATED
AT ALESSANDRO ALLEY (APN 627-071-065), 44845 SAN CLEMENTE
CIRCLE (APN 627-071-070), AND 44889 SAN CLEMENTE CIRCLE (APN
627-071-071) ARE SURPLUS LAND AND NOT NECESSARY FOR THE
CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of those
certain real properties located at Alessandro Drive, 44845 San Clemente Circle, and
44889 San Clemente Circle in the City of Palm Desert (“Properties”); and
WHEREAS, under 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 land
and not necessary for the City’s use. The land must be declared either surplus or exempt
surplus land; and
WHEREAS, under the Act, land is necessary for the City’s use if the land is being
used, or is planned to be used pursuant to a written plan adopted by the C ity Council for
City work or operations; and
WHEREAS, the Properties, two of which are undeveloped and one of which
contains a vacant structure, are not being used for City work or operations and City staff
has evaluated the Properties for its potential to be used for City work or operations; and
WHEREAS, City staff has determined that the Properties are not suitable for the
City’s use; and
WHEREAS, the City Council desires to declare that the Properties are surplus land
and not necessary for the City’s use;
WHEREAS, the Act requires that before the City Council disposes of the Properties
or engages in negotiations to dispose of the Properties, the City shall send a written notice
of availability of the Properties to certain designated entities in accordance with the Act;
and
NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Resolution No. 2022-101 Page 2
SECTION 2. The City Council hereby declares that the Properties is surplus land
and not necessary for the City’s use within the meaning of the Act. The basis for this
declaration is that due to the size, location, and development on the Propert ies, the site
is not feasible for the City’s use.
SECTION 3. The City Clerk is hereby directed to send a notice of availability of the
Properties for sale, 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”). City staff has determined that the designation of the Propert ies as
surplus land does not have the potential for creating a significant effect on the
environment and is therefore exempt from further review under CEQA pursuant to State
CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA
Guidelines Section 15378. 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 the Propert ies are sold to a
purchaser and that purchaser proposes a use for the se Properties that requires a
discretionary permit and CEQA review, that future use and project will be analyzed at the
appropriate time in accordance with CEQA.
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 City are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of the 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 the Properties in compliance with the Act.
ADOPTED ON DECEMBER 15, 2022.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Kathleen Kelly (Dec 21, 2022 15:51 PST)
Kathleen Kelly
Anthony Mejia (Dec 21, 2022 15:52 PST)
Resolution No. 2022-101 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2022-101 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 December 15, 2022, by
the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
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 _____________________.
ANTHONY J. MEJIA
CITY CLERK
Anthony Mejia (Dec 21, 2022 15:52 PST)
Dec 21, 2022