1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA , DECLARING CERTAIN PROPERTY AS “EXEMPT SURPLUS LAND”
WHEREAS, the City of Menifee (“City”) is a California municipal corporation located in the City of Menifee, County of Riverside, State of California; and
WHEREAS, the Eastern Municipal Water District (“District”) is a public agency organized and existing under the Municipal Water District Law of 1911 (Wat. Code, §٥71000 et seq.); and
WHEREAS, City is the owner of that certain real property depicted on Exhibit A attached hereto and incorporated herein by this reference (the “City Parcel”); and
WHEREAS, District is the owner of that certain real property depicted on Exhibit B attached hereto and incorporated herein by this reference (the “District Parcel”) ; and
WHEREAS, District planned to construct its Matthews and Romoland Booster Facility (“Matthews and Romoland Project”) upon the District Parcel and other property in the City; and
WHEREAS, Ethanac Road, which fronts the Matthews and Romoland Project, will be widened and a new Highway 74/Ethanac transition will be constructed in the future (the “Future Circulation Project”) consistent with City’s General Plan; and
WHEREAS, the Future Circulation Project and Matthews and Romoland Project are incompatible, and would severely impact one another to the degree that it is not feasible for both projects to occur on the District Parcel; and
WHEREAS, the foregoing incompatibility between the Future Circulation Project and Matthews and Romoland Project can be resolved by relocating the planned Matthews and Romoland Project to the City Parcel; and
WHEREAS, City requires use of the District Parcel for the Future Circulation Project; and
WHEREAS, District requires use of the City Parcel for the Matthews and Romoland Project; and
WHEREAS, City and District desire to enter into a property exchange agreement (“Agreement”) to exchange the City Parcel for the District Parcel, each for the recipient’s respective agency’s use; and
WHEREAS, the Surplus Land Act (Gov. Code §§ 54220 et seq., the "Act") requires that before a local agency takes final action to “dispose of” land, which includes a sale, exchange, or other permanent conveyance, the local agency must declare the property to be eithe r “surplus land” or “exempt surplus land”; and
WHEREAS, subparagraph (C) of paragraph (1) of subsection (f) of Government Code section 54221 includes as “exempt surplus land” property that a local agency is exchanging for another property necessary for the agency’s use; and
Surplus Land Act – APN No. 329-050-049
2 WHEREAS subparagraph (D) of paragraph (1) of subsection (f) of Government Code section 54221 further includes as “exempt surplus land” property that a local agency is transferring to another agency for the receiving agency’s use; and
WHEREAS, the City Parcel is not (A) within a coastal zone; (B) adjacent to a historical unit of the State Parks System; (C) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or (D) wi thin the Lake Tahoe region as defined in section 66905.5 of the Act, and therefore the City is not required to send a written notice of availability for open- space purposes as required in paragraph (2) of subsection (f) of section 54221 of the Act .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, does find, determine and declare:
Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Parcel is “exempt surplus land” because City is exchanging it for the District Parcel, which is necessary for City’s use.
Section 3. The City Parcel is further “exempt surplus land” because City is transferring it to District for District’s use.
Section 4. The City Manager or Designee is hereby authorized to send a notice of exemption determination to the California Department of Housing and Community Development (“HCD”) pursuant to subsection (e) of section 400 of the Surplus Land Act Guidelines (“Guidelines”), and to communicate with HCD regarding City’s declaration that the City Parcel is “exempt surplus land.”
Section 5. The City Council hereby finds that it can be seen with certainty that there is no possibility that the declaration made hereunder may have a significant effect on the environment. The declaration made hereunder will not result in any development on either the City Parcel or District Parcel. The Agreement is subject to independent California Environmental Quality Act (CEQA) review which will be completed prior to disposition of the City Parcel. Accordingly, the exempt surplus declaration hereunder is exempt from the environmental review requirements of CEQA pursuant to CEQA Guidelines section 15061(b)(3).
Section 6. The City Clerk shall certify to the adoption of this Resolution.
Section 7. This Resolution shall take effect upon the date of its passage and adoption.
Surplus Land Act – APN No. 329-050-049
3 PASSED, APPROVED AND ADOPTED this 18th day of March, 2026. ___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Surplus Land Act – APN No. 329-050-049
4 EXHIBIT A
CITY PARCEL
Surplus Land Act – APN No. 329-050-049
5 EXHIBIT B
EMWD PARCEL