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HomeMy Public PortalAboutCC Resolution No. 2021-041RESOLUTION NO. 2021-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY, COMMONLY KNOWN AS THE BANNING MUNICIPAL AIRPORT, LOCATED AT 200 SOUTH HATHAWAY STREET, BANNING CALIFORNIA (CONSISTING OF APNs 532-130-011, 012 & 018, APNs 532-150-002 & 003, APN 541-240-009, APN 541-250-009 and APN 532-180-034) IS DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE AT THIS TIME, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the City of Banning ("City") is the owner in fee simple of that certain real property commonly known as the Banning Municipal Airport, located at 200 South Hathaway Street, Banning California (consisting of APNs 532-130-011, 012 & 018, APNs 532-150-002 & 003, APN 541-240-009, APN 541-250-009 and APN 532-180-034) described in Exhibit "A," attached hereto and made a part of hereof ("Property"); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 ("Act") as recently amended by AB 1486, 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; and WHEREAS, the Act provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures; and WHEREAS, pursuant to 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 City Council, for City work or operations; and WHEREAS, Government Code Section 54222, requires the City, if it declares land it owns to be surplus and not necessary for the City's use, to provide written notice thereof to certain local agencies and housing sponsors ("Designated Entities"), the form of such notification is included as Exhibit "B" to this Resolution ("Notification Process"); and WHEREAS, the Notification Process provides Designated Entities a 60 -day opportunity to request to negotiate for the lease or sale of the Property consistent with parameters for such negotiations provided by the Act; and WHEREAS, the Property consists of the following three (3) use categories: i) APNs 532-130-012 & 018, APNs 532-150-002 & 003 have been improved for active general aviation purposes; ii) APN 541-240-009, and APN 541-250-009 are vacant and provide a runway safety area for the airport; and iii) APN 532-130-011 and APN 532-180-034 are undeveloped, and are not otherwise being used by the City; and Resolution 2021-37 Page 1 of 7 WHEREAS, based on the real estate principle of "Highest and Best Use", the City Council is considering the feasibility of leasing or selling all or a portion of the Property for private development purposes to increase employment opportunities and increase local tax-ratables; and WHEREAS, the sale or lease of APN 532-130-011 and APN 532-180-034 are subject to certain required disposition procedures, as more particularly described within the Banning Successor Agency's Long -Range Property Management Plan (collectively, "LRPMP Parcels"); and WHEREAS, except for the LRPMP Parcels, any reuse and/or sale of the balance of the Property is subject to review and approval by the U.S. Department of Transportation, Federal Aviation Administration ("FAA Affected Parcels"), whether or not general aviation operations continue at the Property; and WHEREAS, in addition to the required disposition procedures related to the LRPMP Parcels and the FAA Affected Parcels, the California Department of Housing and Community Development has oversight authority over negotiations with Designated Entities for the purpose of confirming that such negotiations, if any, were conducted within the parameters described in the Act; and WHEREAS, because the required disposition procedures related to the LRPMP Parcels and the FAA Affected Parcels are complicated and are subject to being protracted, City staff recommends that the City Council declare the Property to be surplus and not necessary for the City's use and authorize the initiation of the Notification Process, thus enabling the completion a procedural step affecting the Property; and WHEREAS, City staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the Property is not needed for such City uses at this time; and WHEREAS, approval of this Resolution will confirm the City Council's declaration that the Property is surplus and not necessary for the City's use at this time and authorize the initiation of the Notification Process; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; and WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the "CEQA") Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a "Project", as defined within § 15378 of the CEQA Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. Resolution 2021-41 Page 2 of 7 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Banning, as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use at this time. This declaration is based on the real estate principle of "Highest and Best Use", wherein the City Council is considering the feasibility of leasing or selling all or a portion of the Property for private development purposes to increase employment opportunities and increase local tax-ratables. SECTION 3. Consistent with the requirements of Government Code Section 54222, the City Clerk is hereby directed to initiate the Notification Process by providing written notice of the City Council's declaration to the Designated Entities, the form of such notification is included as Exhibit "B" to this Resolution. 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 this property as 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 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 property is sold to a purchaser and that purchaser proposes a use for the property 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 this 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 or lease the Property in compliance with the Act. PASSED, APPROVED AND ADOPTED this 25th day of May 2021. olleen Wallace, Mayor City of Banning Resolution 2021-41 Page 3of7 ATTEST: Vo A' A. Caroline Patton, Dep y City Clerk City of Banning APPROVED AS TO FORM AND LEGAL CONTENT: Kevin G. Ennis, City Attorney Richards, Watson & Gershon Resolution 2021-41 Page 4 of 7 CERTIFICATION: I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-41, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of May 2021 by the following vote, to wit: AYES: Council Members Happe, Hamlin, Pingree, Sanchez, and Mayor Wallace. NOES: ABSENT: ABSTAIN: aroline Patton, Duty City Clerk City of Banning, California Resolution 2021-41 Page 5of7 EXHIBIT "A" DESCRIPTION OF PROPERTY The land in the City of Banning, County of Riverside, State of California, and is described as follows: The land owned by the City located at 200 South Hathaway Street, Banning, CA (APNs: 532-130-011, 012 & 018, APNs 532-150-002 & 003, APN 541-240-009, APN 541-250-009 and APN 532-180-034) Resolution 2021-37 Page 6 of 7 EXHIBIT "B" NOTICE OF AVAILABILITY OF SURPLUS LAND (Via Certified Mail) Date: June 1, 2021 TO: Designated Local Agencies and Housing Sponsors RE: Notice of Availability of Surplus Land in the City of Banning Pursuant to California Government Code Section 54220, et seq. Pursuant to the provisions of California Government Code Section 54220, et seq., the City of Banning (the "City") hereby notifies the Designated local agencies and housing sponsors (the "Designated Parties") of the availability for lease or purchase of the following surplus City -owned land (the "Property"): Property Address: Assessor Parcel Nos.: Zoning: General Plan Designation: Current Use: 200 S. Hathaway Street, Banning, CA APNs: 532-130-011, 012 & 018, APNs 532-150-002 & 003, APN 541-240-009, APN 541-250-009 and APN 532-180-034 Industrial, Airport Industrial & Public Facilities Airport Industrial, Airport Industrial & Public Facilities Airport The Property consists of the following three (3) use categories: i) APNs 532-130-012 & 018, APNs 532-150-002 & 003 have been improved for active general aviation purposes; ii) APN 541-240-009, and APN 541-250-009 are vacant and provide a runway safety area for the airport; and iii) APN 532- 130-011 and APN 532-180-034 are undeveloped, and are not otherwise being used by the City. Copies of an aerial image and assessor map are attached. In addition, the Designated Parties are also notified that APN 532-130-011 and APN 532-180-034 are subject to certain required disposition procedures, as more particularly described within the Banning Successor Agency's Long -Range Property Management Plan ("LRPMP"). See site No. 4 on pages 16 to 20 of the LRPMP at this link: https://www.ci.banning.ca.us/DocumentCenter/View/4783/Banning_LRPMP?bidld= Further, except for the LRPMP Parcels, any reuse and/or sale of the balance of the Property is subject to review and approval by the U.S. Department of Transportation, Federal Aviation Administration, whether or not general aviation operations continue at the Property. A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code Section 54222, must file a written notification of interest with the City within 60 days of the date of this Notice of Availability, as indicated by the date set forth below. Please send written notices of interest to: City of Banning Office of the City Clerk Attn: Caroline Patton, Deputy City Clerk 99 East Ramsey Street Banning, California 92220 For further information, please contact Mr. (951) 922-3181 or Jwurtz@banningca.gov. The final day to submit a written statement August 2, 2021 by 5:00 PM. Attachments FORM OF NOTICE OF AVAILABILITY James Wurtz, the City's Economic Development Manager, at of interest to either lease or purchase the Property is Monday, Resolution 2021-37 Page 7 of 7