RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA AUTHORIZING A REAL ESTATE PURCHASE AGREEMENT BETWEEN DYER 18, LLC AND THE CITY OF FULLERTON FOR PURCHASE OF REAL PROPERTY LOCATED AT 3535 COMMONWEALTH AVENUE FOR THE PURCHASE PRICE OF NINE MILLION FIVE HUNDRED AND EIGHTY THOUSAND DOLLARS WHEREAS, the City of Fullerton (“City”) desires to purchase real property located at 3535 Commonwealth Avenue along with all buildings, improvements, rights-of-way, appurtenances, easements, sidewalks, alleys, gores, strips of land, streets, roads and avenues adjoining, adjacent, subservient to or used in connection (the “Property”).
WHEREAS, the Property currently operates as a Navigation Center, which includes Recuperative Care and wrap-around services and the City does not intend to change the use.
WHEREAS, the State of California has granted the City sufficient funds specifically allocated for acquisition of the Property and to ensure the City maintains a minimum number of beds at the Property for a period of no less than ten years.
WHEREAS, the Property has been appraised at a value of Nine Million Five Hundred Thousand Dollars ($9,580,000.00).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY FULLERTON RESOLVES AS FOLLOWS:
SECTION 1. City Council declares the above recitals true and correct and a substantive part of this Resolution.
SECTION 2. City Council approves the Purchase and Sale Agreement for the purchase of commercial property located at 3535 West Commonwealth Avenue attached as Exhibit A and made a part of this Resolution, subject to the appropriate findings by the Planning Commission.
SECTION 3. The City has reviewed this Resolution and purchase with respect to applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) and seen with certainty that the purchase of the Property does not have the potential and no possibility 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 and because the acquisition will not lead to a change in the existing use of the Property. Adoption of the Resolution and purchase of the property 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 City sells the Properties to a purchaser and that purchaser proposes a use for the Properties that requires a discretionary permit and CEQA review, the City will analyze that future use and project at the appropriate time in accordance with CEQA.
SECTION 4. City Council authorizes the officers and staff of the City, jointly and severally, to do all things which they deem necessary or proper to effectuate the purposes of this Resolution and ratifies and confirms any such actions previously taken. 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 Properties in compliance with the Act.
ADOPED BY THE FULLERTON CITY COUNCIL ON JUNE 20, 2023.
Fred Jung,
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Attachments:
Attachment 1 – Purchase and Sale Agreement