HomeMy Public PortalAboutCC Resolution No. 2022-102RESOLUTION 2022-102
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, FORMERLY KNOWN AS THE BANNING
ELECTRIC UTILITY AIRPORT SUBSTATION, LOCATED AT 1973 EAST WESTWARD
AVENUE IN BANNING, CALIFORNIA (CONSISTING OF APN 532-130-013) 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 formerly known as the Banning Electric Utility Airport Substation, located at
1973 East Westward, Banning California (consisting of APN 532-130-013) 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 APN 532-130-013 was improved for retail electric
distribution and power transformation step-down facilities and has since been retired and
removed from service by the City; and
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
Resolution 2022-102
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WHEREAS, the sale or lease of APN 532-130-013 is 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, in addition to the required disposition procedures related to the
LRPMP 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 is complicated and is 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.
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.
Resolution 2022-102
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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 23rd day of August 2022 .
ATTEST:
Caroline Patton, De uty City Clerk
City of Banning
Resolut ion 2022-102
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~Tern
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT :
Serita Young , Assistant City Attorney
Richards , Watson & Gershon
Resolution 2022-102
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CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby
certify that the foregoing Resolution 2022-102, was duly adopted by the City Council
of the City of Banning, California, at a regular meeting thereof held on the 23rd day of
August 2022 by the following vote, to wit:
AYES: Hamlin, Sanchez, and Wallace.
NOES:
ABSENT: Happe and Pingree.
ABSTAIN:
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Caroline Patton, Deputy City Clerk
City of Banning, California
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 1973 East Westward Avenue, Banning, CA
(APN 532-130-013)
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EXHIBIT "B"
NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Certified Mail)
Date: August 23, 2022
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 prov isions 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:
1973 East Westward Avenue, Banning, CA
APN 532-130-013
Industrial, Airport Industrial & Public Facilities Airport
Industrial, Airport Industrial & Public Facilities Airport
The Property APN 532-130-013 was improved for retail
electric distribution and power transformation step-down
facilities and has since been retired and removed from
service.
Copies of an aerial image and assessor map are attached . In addition , the Designated Parties are also
notified that APN 532-130-013 is subject to certain required disposition procedures , as more particularly
described within the Banning Successor Agency's Long-Range Property Management Plan ("L RPMP ").
See site No. 4 on pages 16 to 20 of the LRPMP at this link:
https ://www .ci.banning.ca.us/DocumentCenterNiew/4783/Banning _LRPMP?b idld=
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 indi cated 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. James Wurtz, the City 's Economic Deve lopm ent Manager, at
(9 51 ) 922-3181 or mlopez@banningca.gov.
The final day to submit a written statement of interest to either lease or purchase the Property is ________ by 5:00 PM .
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