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1) 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K. None of the characteristics listed under Government Code section 54221(f)(2) apply to the Property. NOW, THEREFORE, BE IT 'RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. The City Council hereby finds that (i) the Property is no longer necessary for the City's use, (ii) the Property is smaller than one-half acre in area because it is approximately 15,200 square feet in area, and (iii) the Property is not contiguous to land owned by a state or local agency that is used for open -space or low- and moderate -income housing purposes. Furthermore, the City Council hereby finds that (i) the .Property is former right-of-way and that (ii) City desires to transfer the Property to an owner of adjacent property. Finally, none of the characteristics listed under Government Code section 54221(f)(2) apply to the Property. SECTION 3. The City Council therefore declares that the Property is "exempt surplus land" pursuant to section 54221(f)(1)(13) of the Act and pursuant to section 54221(f)(1)(E) of the Act. SECTION 4. Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"), the City Council finds that the mere designation of the Property as "exempt surplus land" and authorization for the City Manager to comply with the Surplus Land Act do not qualify as a "project" as defined in State CEQA Guidelines section 15378. First, Section 15378 defines a project as an activity that "has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (State CEQA Guidelines, § 15378(a).) Here, the action is to declare the Property as "exempt surplus land", which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Accordingly, the action is not a"project" subject to CEQA, (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of "project" the following: "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." (State CEQA Guidelines, § 15378(b)(5).) The action to designate the Property as "exempt surplus land" constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. Further, the Resolution does not constitute a binding commitment to develop any particular project or any particular use of the Property. SECTION 5. The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the Act's Guidelines. SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. -2 -