HomeMy WebLinkAboutRES NO 192-2022RESOLUTION NO. 1 9 2— 2 02 2
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DECLARING THE CITY -OWNED PROPERTY
KNOWN AS THE BAKERSFIELD MUNICIPAL AIRPORT AS
EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND
ACT.
WHEREAS, the City of Bakersfield is the owner of that real property located
at 2000 S. Union Avenue, Bakersfield, CA 93307 (Kern County Assessor's Parcel
Numbers (APN) APN170-010-42, APN 170-010-39, APN 170-010-40, APN 170-320-04,
APN 170-320-01 and APN 172-070-30) and otherwise known as the Bakersfield
Municipal Airport, hereafter referred to as the "Airport" and more fully described
in Exhibit "A attached hereto and incorporated by reference herein; and
WHEREAS, the Airport is a Federally Obligated Airport used by the public
and is subject to oversight by the Federal Aviation Administration ("FAA"); and
WHEREAS, Chapter 20 of FAA Order 5190.6B ("FAA Order") provides
direction to Federally Obligated Airports regarding land use; and
WHEREAS, due to noise and safety concerns, the FAA Order indicates that
residential development is incompatible with airport operations (Section 20.3(a)),
incompatible with public use airports (Section 20.3(b)), conflictswith federal grant
assurance and surplus property requirements (Section 20.4(b)), and that the FAA
will not release an airport from its federal obligations and allow residential
development (Section 20.4(d)); and
WHEREAS, the City has and desires to lease various buildings and sites
located on the Airport for uses such as hangars, warehousing, parking, and other
uses deemed to be compatible uses by the FAA; and
WHEREAS, pursuant to California Government Code Section 54221(b)(1),
the City must declare the Property to be Surplus Land or Exempt Surplus Land prior
to any disposal of the Property; and
WHEREAS, Government Code Section 54221(f)(1)(G) indicates that land
which is subject to valid legal restrictions prohibiting the development of housing
(unless there is a feasible method to satisfactorily mitigate or avoid the prohibition)
may be declared as Exempt Surplus Land; and
WHEREAS, the Airport is not located within a coastal zone, is not adjacent
Resolution Declaring Bakersfield Municipal Airport as Exempt Surplus Land �f
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to an historical unit of the State Parks System, is not listed or eligible for the National
Register of Historic Places and is not located within the Lake Tahoe region.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. The above recitals are true and correct and incorporated by
reference herein.
2. The Bakersfield City Council finds and declares the Airport to
be Exempt Surplus Land pursuant to Government Code Section
54221(f)(1)(G), as the FAA has placed a valid legal restriction prohibiting
housing at the Airport and there is no feasible method to satisfactorily
mitigate or avoid this prohibition.
Resolution Declaring Bakersfield Municipal Airport as Exempt Surplus Land
Page 2
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
rlFC 1 1, 7077 , by the following vote:
✓ ✓ ✓ V v
COUNCILMEMBER ARIAS, GONZALES,'NEIR, SMITH, FREEMAN. GRAY, WAR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
COUNCILMEMBER 4Q VAe ,
YIA,l.1. ii/1
LIE DRIMAKIS, MMC
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: �i DEC 14 2922
By G LPGa
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY A ORNEY
BY i�
SHUA H. RUDNICK
Deputy City Attorney
JHR/vlg
Attachment - Exhibit A
S:\COUNCIL\Resos\22-23\MunicpalAirpo"ExemptSurplustand Reso docx
Resolution Declaring Bakersfield Municipal Airport as Exempt Surplus Land
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