REPORT TO THE CITY COUNCIL
FROM: HENRY THOMPSON, Director of Aviation
Airports Department
SUBJECT
Title
***RESOLUTION - Declaring a portion of the Fresno Yosemite International Airport (FAT) and a portion of the Fresno Chandler Executive Airport (FCH) (APNs 464-220-43T and 464-020-28T) to be exempt Surplus Land for leasing purposes only as it pertains to the City’s use pursuant to the Surplus Land Act (SLA). (Districts 3 and 4) (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends that the City Council adopt Resolutions declaring that certain portions of real property located at Fresno Yosemite International Airport (FAT), and Fresno Chandler Executive Airport (FCH) are exempt surplus land for leasing purposes only that is not necessary for the City’s use pursuant to the Surplus Land Act (SLA) as shown in Exhibit A of each Resolution for FAT and FCH.
EXECUTIVE SUMMARY
The purpose of Government Code section 54221(f)(1) is to provide certain limited exemptions to public entities disposing of public property from the affordable housing notices required by SLA, as amended by AB 1486 and AB 1255. One such exemption is Government Code section 54221(f)(1)(G), “Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land.”
The Airports Department has been working with the California Department of Housing and Community Development (HCD) with regards to exempting properties owned by the Department as exempt from the SLA requirements as they are subject to the Federal Aviation Administrations (FAA) Grant Assurances, in which the Department is required to follow because federal funding has been provided to both airports for improvements to the locations. If the Department fails to follow the Grant Assurances, the City would be required to pay back all federal funding received at both airports, which would equal hundreds of millions of dollars. Additionally, the parcels subject to these Resolutions fall within the perimeter fence and impact airfield operations at both FAT and FCH. HCD agrees with the Airports Department (Department) that in this case, the parcel numbers listed in Exhibit A of each Resolution for FAT and FCH qualify as exempt disposition subject to the approval by the City of the attached Resolutions declaring the Public Property as exempt for leasing purposes only, in accordance with Government Code section 54231(f)(1)(G).
BACKGROUND
The SLA governs the disposition of surplus lands and requires local agencies, in California, to follow certain disposition procedures to provide opportunities for certain uses, including affordable housing development, on any land a local agency may sell or lease. Effective January 1, 2020, Assembly Bill (AB) Nos. 1486 and 1255 amended the SLA to require a local agency to declare land as either “surplus” or “exempt surplus” by an action of its legislative body, supported by written findings, before it may take any action to dispose of the property. (Gov't. Code §54221(b)(1).)
The parcels listed in the Resolutions either fall within the perimeter fence line of both FAT and FCH; or just outside the perimeter fence, which are dedicated for the sole purpose of safe operations by aircraft and airport operating space. These resolutions allow the parcel numbers listed in Exhibit A of each Resolution for FAT and FCH to be considered exempt for leasing purposes only from SLA requirements and do not require the City to go back to HCD for approval for the purpose of leasing these properties.
ENVIRONMENTAL FINDINGS
This is not a "project" for the purpose of CEQA pursuant to CEQA Guidelines Section 15378.
FISCAL IMPACT
There is no impact to the General Fund or to the ratepayers of the City of Fresno from this action.
Attachments:
- Resolution FAT Airport Leases - Exempt Surplus Land
- Resolution FCH Airport Leases - Exempt Surplus Land