REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF tHE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
April 23, 2024
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Acquisition of Vacant Land in Yucca Valley
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Adopt a Resolution finding that the acquisition of certain vacant land, consisting of approximately 0.83 acres located on Joshua Lane in the Town of Yucca Valley (Assessor’s Parcel Number 0595-171-04), is not a project under the California Environmental Quality Act Guidelines, or, alternatively, that the acquisition is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15004, subdivision (b)(2)(A) of Title 14 of the California Code of Regulations, and conditioning all future uses and development of the vacant land contingent upon compliance with the California Environmental Quality Act.
2. Authorize the acquisition of certain vacant land, consisting of approximately 0.83 acres located on Joshua Lane in the Town of Yucca Valley (Assessor’s Parcel Number 0595-171-04), from Planet Properties LLC, a California Limited Liability Company, for the purchase price of $199,800 plus an independent consideration payment, escrow expenses, title fees, and due diligence costs estimated to be $53,100, for a total estimated cost of $252,900, for the San Bernardino County Fire Protection District, in accordance with Health and Safety Code section 13861(b) and Government Code section 25350.
3. Approve the Purchase and Sale Agreement and Joint Escrow with Planet Properties LLC, a California Limited Liability Company, to acquire the property referenced in Recommendation No. 2, subject to the conditions identified in the Purchase and Sale Agreement.
4. Authorize the Director of the Real Estate Services Department to execute an acceptance certificate to affix to the Grant Deed to accept the property referenced in Recommendation No. 2, escrow instructions, and any other documents necessary to complete this transaction, subject to County Counsel review.
5. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health, and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The cost to acquire the approximately 0.83 acres of vacant land located on Joshua Lane in the Town of Yucca Valley [Assessor’s Parcel Number (APN) 0595-171-04] (New Property), in fee, is $199,800 plus an independent consideration payment, escrow expenses, title fees, and due diligence costs estimated to be $53,100, for a total estimated cost of $252,900. The independent consideration payment itself is $100 and it is for San Bernardino County Fire Protection District’s (SBCFPD) right to terminate the Purchase and Sale Agreement and Joint Escrow Instructions (PSA) on or prior to the expiration of the due diligence period. Sufficient appropriation is available in both the 2023-24 Capital Improvement Program (CIP) (WBSE 10.10.1268) and the SBCFPD South Desert Regional Service Zone budgets for the acquisition of the New Property. SBCFPD will not be using any State funding for the acquisition of the New Property due to the New Property only being a preferred site at the present time. However, SBCFPD intends to use State grant funding for the construction of any future replacement of Fire Station 41.
BACKGROUND INFORMATION
SBCFPD provides fire, emergency medical response, and rescue services for the Town of Yucca Valley (Town) and neighboring communities. The current Yucca Valley Fire Station, also known as Fire Station 41, was built in 1959 as a volunteer station. Due to a substantial increase in population and tourism experienced in the Yucca Valley area, call volume and staffing at the current fire station has outgrown its capacity. In 2015, an internal assessment was conducted and SBCFPD determined that replacement of the Yucca Valley Fire Station was a high priority.
On December 7, 2021 (Item No. 65), the SBCFPD Board of Directors (Board) approved County Contract No. 21-980 (Grant Subaward) with the California Governor’s Office of Emergency Services in the amount of $12,000,000 for the construction of a replacement station for the Yucca Valley Fire Station.
On September 12, 2023 (Item No. 73), the Board approved the acquisition of approximately 3.16 acres located on the southwest corner of Twentynine Palms Highway and Trojan Lane in the Town of Yucca Valley (APN 0587-361-10) (Original Property) for the purchase price of $550,000 plus an independent consideration payment, escrow expenses, title fees, and due diligence costs for a total estimated cost of $575,100.
On October 11, 2023, the Real Estate Services Department (RESD), Project and Facilities Management Department, and the County Administrative Office met with the Town leadership, at which time the Town Manager explained that the proposed replacement Fire Station site plan would require a raised center median along Twentynine Palms Highway to comply with projected traffic circulation demands in the Town. However, this would restrict a left turn out from the Original Property and suppress SBCFPD response times. The parties explored multiple options to accommodate the Town’s circulation needs, as well as SBCFPD’s site functionality, but the Original Property was ultimately deemed infeasible as the preferred site for the replacement fire station.
On January 9, 2024 (Item No. 56), the Board approved the termination of the PSA for the Original Property. Thereafter, RESD continued to search for potential properties that could serve as a preferred site for the replacement Yucca Valley Fire Station and found the New Property, which is located to the south of existing Fire Station 41, listed for sale for the purchase price of $258,900. RESD then contacted the broker and negotiated the reduced price of $199,800, which RESD determined to be within market range. The Town owns vacant land adjacent and to the east of the New Property, which the Town may consider transferring to SBCFPD to form a larger lot for the replacement Yucca Valley Fire Station. RESD will return to the Board at a later date if an agreement with the Town is reached for such a transfer.
SBCFPD staff has identified the New Property as a preferred site for the replacement Yucca Valley Fire Station. However, the acquisition of the New Property shall not constitute a commitment to the Yucca Valley Fire Station replacement project or other public project as a whole or to any particular features. The recommended Resolution conditions all future uses and/or development of the New Property upon compliance with the California Environmental Quality Act (CEQA), which will be conducted for the development of the New Property at such time as there is a development proposal for the New Property. As a result, the acquisition of the New Property is not a project as defined by CEQA because there are no specific development plans in existence for the future use and development of a fire station or other public project at the New Property that would allow environmental review to be meaningful at this time, or alternatively, the acquisition of the New Property is exempt from CEQA pursuant to Section 15004, subdivision (b)(2)(A) of the CEQA Guidelines (Title 14 of the California Code of Regulations), because the acquisition is for the New Property to be a preferred site for consideration for a potential future use and development, if any, of a fire station, subject to CEQA compliance.
Approval of this item will also authorize the Director of RESD to execute an acceptance certificate, escrow documents, such as amended escrow instructions, property disclosures, notices (such as an election to proceed), contingency waivers, and settlement statements subject to County Counsel review. The Director of RESD will not be authorized to execute any documents that would bind SBCFPD to any actions beyond acquisition of the New Property.
PROCUREMENT
SBCFPD can enter into this PSA pursuant to the rights and powers enumerated in Health and Safety Code section 13861(b) and Government Code section 25350. SBCFPD has complied with the publication requirements of Government Code section 6063 for the acquisition of the New Property.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, and Scott Runyan, Principal Assistant County Counsel, 387-5455) on March 27, 2024; San Bernardino County Fire Protection District (Dan Munsey, Fire Chief/Fire Warden, 387-5952) on March 14, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 14, 2024; Finance (Ivan Ramirez, Administrative Analyst, 387-4020, and Yael Verduzco, 387-5285, Principal Administrative Analyst) on April 5, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on April 5, 2024.
(TJS: 893-0340)