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Home My Public Portal AboutCC Resolution No. 2020-042RESOLUTION NO. 2020-42 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 LOCATED AT 150 E. RAMSEY STREET IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE, 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 located at 150 E. Ramsey Street and 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"), 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. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under 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, the Property is approximately 5.5 acres in size, is currently vacant and is located on the south side of Ramsey Street across the street from City Hall and the Police Department and is not currently being used by the City; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, including municipal buildings and as a park; and WHEREAS, City staff has determined that the Property is not suitable for the City's use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City's use; and WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. 1 Resolution 2020-42 SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use. The basis for this declaration is that the property is of a relatively large size and no planned city facility or building that the City can financially afford is feasible for the site. SECTION 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit "B" and made a part of hereof, to the entities designated in Government Code Section 54222 ("Designated Entities") by electronic mail or by certified mail. 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 14th day of April, 2020. ,4„,b04 Daniela Andrade, Mayor City of Banning ATTEST: Sonja De L City of Banning nte, Deputy City Clerk -2- Resolution 2020-4211303-0055\2406096v2.doc APPROVED AS TO FORM AND LEGAL CONTENT: Kevin G. Ennis, City Attorney Richards, Watson & Gershon CERTIFICATION: I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020-42, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of April 2020, by the following vote, to wit: AYES: Councilmembers Pingree, Wallace, Welch & Mayor Andrade NOES: None ABSTAIN: None ABSENT: Councilmember Happe Sonja De ba-Puente, Deputy City Clerk City of Banning, California -3- Resolution 2020-4211303-0055\2406096v2.doc EXHIBIT "A" DESCRIPTION OF PROPERTY The land in the City of Banning, County of Riverside, State of California, and is described as follows: 150 E. Ramsey Street (Ramsey and Livingston); APNs: 541-181-002, 005; 021, 023; and 032-035. 4 Resolution 2020-42 EXHIBIT "B" NOTICE OF AVAILABILITY NOTICE OF AVAILABILITY OF SURPLUS LAND TO: Whom It May Concern (Via Electronic Mail [and/or] Certified Mail) 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 hereby notifies interested parties of the availability for lease or purchase of the following surplus City -owned land: Property Address: 150 E. Ramsey Street, Banning CA 92220 Assessor Parcel Nos.: 541-181-002, 005: 021, 023; and 032-035 Zoning: General Plan Designation: Current Use: [INSERT OR ATTACH AERIAL IMAGE AND/OR ASSESSOR MAP] [INSERT OPTIONAL ADDITIONAL INFORMATION] An entity or association desiring to purchase or lease the above -described surplus land for any of the purposes authorized by Government Code Section 54222, must notify the City in writing of its interest in purchasing or leasing the land 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 City Clerk Sonja De La Fuente Deputy City Clerk 99 E. Ramsey Street Banning, California 92220 For further information, please send e-mail inquiries to: , at ; or call , at By Date 5 Resolution 2020-42 RESOLUTION 2020-43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AGREEMENT WITH PYRO SPECTACULARS, INC., FOR PRODUCTION OF THE FOURTH OF JULY AERIAL FIREWORKS DISPLAY DID NOT PASS 1 Resolution 2020-43