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HomeMy WebLinkAbout1993-429 1 RESOLUTION NO. 93-429 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO, CALIFORNIA, DECLARING THE CITY'S INTENT TO WITHDRAW FROM THE EAST VALLEY AIRPORT LAND USE COMMISSION. 3 4 WHEREAS, Public utilities Code section 21670 et seq. provides for the establishment of an airport land use commission in every 5 6 county in which there is located an airport which is served by a 7 8 scheduled airline; and WHEREAS, prior to passage of Senate Bill 443 ( enacted and 9 effective June 30, 1993), section 21670(b) of the Public utilities 10 Code provided that each county "shall" establish a commission in 11 12 13 14 15 16 17 18 19 20 21 22 23 such circumstances; and WHEREAS, the City became a member of the East Valley Airport Land Use Commission, (ALUC), pursuant to a joint powers agreement on December 17, 1969; and WHEREAS, Senate Bill 443 amended Section 21670 (b) to change the term "shall" to "may" in order to relieve local entities such as the County of the duty to incur unnecessary expenses in certain aspects of airport land use; and WHEREAS, the State of California will no longer reimburse San Bernardino county for administration of the Airport Land Use commission program should it be continued; and WHEREAS, airport safety reviews are performed and will continue to be performed for all affected development proposals within the city of San Bernardino in accordance with the adopted 24 General Plan policies and Development Code standards in order to 25 protect public health and safety; and 26 27 IIII 28 IIII 1 93-429 1 WHEREAS, elimination of the ALUC program will reduce fees, 2 eliminate redundant reviews, and streamline processes; and 3 WHEREAS, section 7 of the Joint Powers Agreement for each ALUC 4 permits the County to withdraw from the ALUC's 30 days after 5 providing to the secretary of each ALUC and the other members a 6 resolution of the Board of Supervisors indicating an intention to 7 withdraw from the ALUC; and 8 9 WHEREAS, the County Board of Supervisors adopted a resolution (Reso. 93-295) on October 19, 1993 declaring their intent to 10 withdraw, and their withdrawl from, the East, West and 11 MountainlDesert Planning Agencies - Airport Land Use Commissions 12 with such withdrawl effective 30 days from adoption; and 13 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 14 SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER THEIR intent to withdraw and hereby withdraws from the Joint 15 Powers Agreement which established the city as a member of the East 16 17 Valley 18 II/I 19 IIII 20 IIII 21 IIII 22 23 24 25 26 27 28 Planning Agency - Airport Land Use Commission. 2 93-429 1 A RESOLUTION... DECLARING THE CITY'S INTENT TO WITHDRAW FROM THE EAST VALLEY AIRPORT LAND USE COMMISSION. 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by and Council of the City of the Mayor Common San 4 Bernardino at meeting thereof, held the a reqular on 5 day of by the 15th November 1993, 6 following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE ----1L 9 CURLIN ----X...- 10 HERNANDEZ ----X...- 11 OBERHELMAN ----X...- 12 DEVLIN ----X...- 13 POPE-LUDLAM ----X...- 14 MILLER ----X...- 15 16 17 18 19 of 20 21 22 07 ~~ C!L-~-/-4- '-- City Clerk The foregoing resolution is hereby approved this \'6 \\-. November , 1993. , -, \ /~7?tc j/ Cci.~,-- Tom Minor, Mayor City of San Bernardino day 23 Approved as to form 24 and legal content: JAMES F. PENMAN, 25 city Attorney ~~~ 28 L 3