TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Mark Witsoe, Airport Manager
SUBJECT: Approval of Airport Non-Commercial Land Lease Agreement No. 240056B with Jessica Sanders
RECOMMENDATION
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Director of Public Works requests approval of and authorization for the Chair to execute a non-commercial land Lease Agreement No. 240056B with Jessica Sanders for available land owned by Napa County Airport for the purpose of grazing cattle for the term of July 1, 2023 through June 30, 2028 for $5,564 per year (4/5 vote required).
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EXECUTIVE SUMMARY
Approval of this Lease Agreement No. 240056B will provide available land at the Napa County Airport for the grazing of cattle. The available Airport land along Green Island Rd has been used by the Sanderses for cattle grazing since 2001, through sub-lease with Napa Sanitation District, and directly with Napa County since 2012 with previously executed Land Lease No. 7822.
Jessica Sanders, daughter of now deceased, former lessee Shari Sanders, requests a new land lease with similar terms for the sole purpose of grazing cattle on 120.02 acres of Airport available land. The five (5) year term of the lease will commence on July 1, 2023 through June 30, 2028 for the amount of $5,564, increasing annually based on Consumer Price Index (CPI), and paid annually to the Napa County Airport.
This lease of airport property is authorized by Government Code section 25536, subdivision (a), and requires a four-fifths (4/5) vote.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Airport Enterprise Fund Revenues (Fund 5010; Org 5010000) |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
This lease will provide a continued revenue source for the Napa County Airport and allow the tenant to utilize the acreage for the grazing of cattle. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Revenues will continue to be budgeted for the term of the lease agreement. |
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Consequences if not approved: |
The Airport Enterprise Fund would not be able to take advantage of increased revenues and continue to maintain the land, resulting in increased maintenance costs to the Operations budget. |
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County Strategic Plan pillar addressed: |
Collaborative and Engaged Community |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
The Napa Sanitation District was a tenant of the Napa County Airport from January 1991 to April 2012 through County Agreement 2995 for the Agricultural use of vacant Airport land.
Shari Sanders was a sub-tenant of the Napa Sanitation District from April 2001 through April 2012 for the sole purpose of grazing cattle on land leased from the Airport. In 2012, Napa Sanitation District chose to discontinue their lease with the Airport. Since the land was still available, Shari Sanders entered into Land Lease Agreement No. 7822 with the Napa County Airport for cattle grazing and has continued tenancy with Amendment No.1 in 2015, and Amendment No. 2 in 2016, which provided for automatic annual renewals.
After Shari Sanders passed away, her daughter, Jessica Sanders, requested a new Land Lease Agreement No. 240056B with similar terms for continued cattle grazing. The total available acreage remains 120.02 Acres of undeveloped Airport property to the south along Green Island Rd.
Approval of the lease will provide revenue to the Airport Budget of $5,564 annually based on forty-six dollars and thirty-six cents ($46.36) per acre per year. The lessee will be permitted only to graze cattle and may be restricted where inconsistent with Federal Aviation Administration (FAA) regulations. Fencing will be the responsibility of the lessee and only healthy cattle will be brought to the grazing area. The Airport benefits from reduced maintenance costs by no longer being responsible for mowing the affected area, which would otherwise be required for fire protection. The term of the lease is July 1, 2023 through June 30, 2028 for a total of five (5) years. An annual Consumer Price Index (CPI) increase in the rental rate may be made each year following the first year.
The Board of Supervisors is authorized to lease property devoted to or held for ultimate use for airport purposes without further compliance with the otherwise applicable statutes related to the lease of real property found in the Government Code; to do so, the Board must authorize this lease by a four-fifths (4/5) vote. (Gov. Code sec. 25536, subd. (a).)