Loading...
HomeMy WebLinkAbout2004-1571 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 2004 -15 7 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATING TO CAPITAL IMPROVEMENT PROJECTS WITHIN THE AIRPORT OPERATING AREA. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (SBIAA) is the governmental agency having authority and responsibility for the operations, and improvement of the San Bernardino International Airport. The SBIAA is various capital improvement projects to improve the non -building airport which would potentially be funded by grants from the FAA and the U.S. of Trade and Commerce EDA and subject to FAA regulations. City regulation of improvement projects would be duplicative and inefficient. Further it is in the City's best to promote the improvement of the airport facilities. 1711 SECTION 2. The Mayor is hereby authorized to execute said Memorandum of on behalf of the City; a copy of the MOU is attached hereto (Exhibits A). 19 20 21 22 23 2004-157 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 211 23 24 25 26 27 28 RESOLUTION... APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATING TO CAPITAL IMPROVEMENT PROJECTS WITHIN THE AIRPORT OPERATING AREA. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 21 s t day of ,Tune 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS DERRY KELLY JOHNSON MC CAMMACK 9 �'a"' P'Lz, 1 City Clerk The foregoing resolution is hereby approved this Z3r`� 44y Of ,Tune 2004. oved as to and legal content: �MES F. PENMAN, h V alles, Mayor of San Bernardino -2- 2004-157 ATTACHMENT A 2003 MEMORANDUM OF UNDERSTANDING FOR WAIVERS OF CITY OF SAN BERNARDINO BUILDING DEPARTMENT FEES FOR CERTAIN AIRPORT IMPROVEMENT PROJECTS This 2003 Memorandum of Understanding (the "2003 MOU") is dated as of January 1, 2003, by and between the City of San Bernardino (the "City") and the San Bernardino International Airport Authority, a joint powers authority established under the laws of the State of California (the "SBIAA") and is entered in light of the following facts: -- RECITALS -- The SBIAA owns and operates a public airport known as the "San Bernardino International Airport" (the "Airport") which is situated on a portion of the former Norton Air Force Base in the City of San Bernardino, California. The operation of the Airport by the SBIAA is subject to the terms and conditions of an Airport Operating Certificate issued to the SBIAA by the Federal Aviation Administration (the "FAA"). 2. The Airport is situated within the territorial municipal boundaries of the City. 3. The SBIAA is responsible for undertaking, from time to time, certain public works contracts for the improvement and maintenance of aeronautical infrastructure and public airport capital facilities at the Airport, including airport public works improvement projects for the construction and improvement of aircraft runways, taxiways, airport passenger and cargo loading ramps, aircraft ground movement and taxilane improvements, airport runway and taxiway lighting, lighting for aircraft ground movement, airport radio communications facilities, navigational aids, aviation traffic control facilities, stormwater drainage facilities on the Airport Operations Area, airport access roads within the Airport Operations Area exclusive of any fire/life safety systems and structures, airport security fencing, airport clear -zone and safety -area projects, and habitat improvement projects within the Airport Operations Area (collectively herein "Airport Improvement Projects"). 4. The City and the SBIAA have previously entered into an agreement, dated January 1, 1998, (the "1998 MOU") pursuant to which the City granted to the SBIAA an exemption from the payment by the SBIAA to the City of any City regulatory fees, or building permit inspection fee associated with certain Airport Improvement Projects. 5. The City and the SBIAA have each determined that it is appropriate to extend the term and effect of the 1998 MOU in accordance with the provisions of this 2003 MOU and to make certain clarifications and modifications to the 1998 MOU as contained in this 2003 MOU. J:data/sbiaa/operations/construction project/City MOU-5-7-04.doc 2004-157 NOW, THEREFORE, THE CITY AND THE SBIAA MUTUALLY AGREE AS FOLLOWS: Section 1. The City hereby agrees that any Airport Improvement Project undertaken in the Airport Operations Area (as used herein the term "Airport Operations Area" shall be the area as depicted on the attached Airport Layout Plan ("ALP") as the area where the SBIAA has provided security fencing to provide a secure aviation area as required by the FAA to maintain all current certificates for the Airport including the above referenced Airport Operating Certificate, and the Runway Protection Zone property west of Palm Meadows Golf Course and east of Tippecanoe Avenue. The ALP and Airport Operations Area may be changed or modified by the official actions of the SBIAA governing board from time -to -time and upon submittal of such revised ALP and/or map of the Airport Operations Area, as applicable, to the Development Services Department and the Fire Department) by the SBIAA during the term of this 2003 MOU, shall be exempt from the payment to the City of any development project regulatory fee or building permit or inspection fee that otherwise would have been charged or assessed by the City. Such Airport Improvement Projects shall also be exempt from any and all City regulatory oversight and review. Section 2. The City hereby agrees that any non-structural roof repairs and aircraft hangar door replacement projects that do not adversely impact any structural improvement related to such non-structural roof repairs and aircraft hangar door replacements undertaken in the Airport Operations Area by the SBIAA during the term of this 2003 MOU, shall be exempt from the payment to the City of any development project regulatory fee or building permit or inspection fee that otherwise would have been charged or assessed by the City. Such non- structural roof repairs and aircraft hangar door replacements shall also be exempt from any and all City regulatory oversight and review. Section 3. The SBIAA hereby agrees that any Airport Improvement Project undertaken in the Airport Operations Area by the SBIAA during the term of this 2003 MOU that results in increased flows of stormwater or other changes to the direction, intensity or volume of stormwater flows into the drainage facilities owned by the City or the County of San Bernardino Flood Control District or which adversely affects stormwater flow outside the Airport Operations Area onto properties not owned or controlled by the SBIAA or the Inland Valley Development Agency ("IVDA") shall receive prior written approval from the City Engineer or the Director of the County Flood Control District, as applicable. Section 4. The SBIAA may request that the City provide design, inspection or contract administration services to the SBIAA in connection with any Airport Improvement Project, which is otherwise exempt under this 2003 MOU from the payment of fees or charges to the City. The City hereby agrees to provide said design, inspection and contract administration services to the SBIAA subject to payment or reimbursement by the SBIAA to the City for the actual costs incurred and paid by the City with respect thereto. Section 5. The SBIAA hereby agrees that it will ensure that all contractors performing Airport Improvement Projects in the Airport Operations Area for the SBIAA during the term of this 2003 MOU are in possession of a valid City Business License. l:data/sbiaa/operations/constmction project/City MOU-5-7-04.doc 2 2004-157 Section 6. This 2003 MOU shall be deemed to be in effect as of January 1, 2003, upon its execution by the City and the SBIAA, and thereafter it shall remain in effect through and including December 31, 2006. This 2003 MOU shall be automatically renewed for five (5) successive one (1) year periods commencing with the first renewal on January 1, 2007, unless written notice of non -renewal is provided by either party at least ninety (90) calendar days prior to each such automatic renewal date. Section 7. The SBIAA agrees to defend, indemnify and hold harmless the City and any and all departments, agencies, divisions, boards or commissions of the City in addition to predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding, including injuries or property damage, against any of the foregoing persons or entities caused by the activities undertaken by the SBIAA hereunder which otherwise would have been subject to the regulatory review, inspection and oversight of the City but for the execution and approval of this 2003 MOU. The SBIAA further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such actions as are authorized to be undertaken by the SBIAA hereunder. The costs, salaries and expenses of the Office of the City Attorney and employees of such Office shall be considered as "attorneys' fees" for the purpose of this provision. This 2003 MOU may be executed in counterparts by authorized officers of the City and the SBIAA. CITY City of San Bernardino an Date: J�nt 2�200r- 2�20Cfi SBIAA San Bernardino International Airport Authority Vice- President obert Christman I By: AA.14.7i2rrcee/ Secretary Date: May 12, 200412, 2004 J:data/sbiaa/operations/construction project/City MOO-5-7-04.doc 3 Z Q P 6 � E BB 9 q ¢ C _ ,+ a 4 j6y S �q "e \_ r e r + I � L kg- r.