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
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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.
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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
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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
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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
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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)
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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,
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