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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk,
Subject: Resolution Approving a
Memorandum of Un den tanding
Between the City and the San
Bernardino International
Airport Authority Relating to
Capital Improvement Projects
Within the Airport Operating
Area.
MCC Date: June 21, 2004
Dept Development Services
Date: May 20, 2004
ORlGlNAL
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt Resolution.
James Funk
Contact person: Joseph Lease
Phone: 384-5171
Supporting data attached:
Staff ReDort
Ward:
First
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
~ ~ '2Ct:A-1 S ')
Agenda Item No. / s;-
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CITY OF SAN BERNARDINO - _QUesT FOR COUNCIL ACTION
St8ff Report
Subiect:
Resolution approving a Memorandum of Understanding between the City of San Bernardino
and the San Bernardino International Airport Authority relating to capital improvement projects
within the Airport Operating Area.
Bal'k.......und:
On January 14, 1998, the San Bernardino International Airport Commission and the City of San
Bernardino approved a Memorandum of Understanding (MOD), which expired on December 31,
2002. In summary, the MOU was an agreement between the SBlAA and the City of San
Bernardino to provide an exemption from normal municipal plan check and permit fees for
certain aeronautical capital improvement projects that are inherently airport functions. This
includes all Federal Aviation Administration (FAA) funded projects. These improvements are
subject to FAA regulations and oversight and municipal regulation would be redundant and may
result in conflicting requirements.
The MOU was developed for the purpose of assisting with public works projects on this
publicly-owned airport. It only covers non-building improvements within the airport operations
area as delineated on the Airport Layout Plan attached to the resolution and would not apply to
construction projects such as those proposed by Hillwood. It was approved for five (5) years,
and SBlAA has asked that it be extended for five more years as it is anticipated that grant
funding for FAA and U.S. Department of Trade and Commerce Economic Development Agency
projects will continue for at least the next five years. Improvements to the airport are necessary
to make it a viable operation which will ultimately have a positive impact on the local economy.
As a result of several meetings between City staff, SBlAA staff and legal counsel the 1998 MOU
has been revised and updated in order to clarify the extent of the exemptions. The SBlAA
Commission approved the MOU on May 12, 2004.
FiDaDci.1 ImDact:
A reduction of revenue from the waiver of plan check and permit fees that would otherwise be
paid will result. The amount of reduction is undetermined at this time and is dependent on grant
funding, but is expected to be minor.
ReeommencJl!t!on:
Adopt resolution.
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2
~~~Y
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO
4 INTERNATIONAL AIRPORT AUTHORITY RELATING TO CAPITAL
IMPROVEMENT PROJECTS WITHIN THE AIRPORT OPERATING AREA.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. THE SAN BERNARDINO INTERNATIONAL AIRPORT AUIHORITY
9 (SBIAA) is the governmental agency having authority and responsibility for the operations,
10
11
maintenance and improvement of the San Bernardino International Airport. The SBIAA is
contemplating various capital improvement projects to improve the non-building airport
12
infrastructure which would potentially be funded by grants from the FAA and the U.S.
13
14
15
16
17
Department of Trade and Commerce EDA and subject to FAA regulations. City regulation of
such improvement projects would be duplicative and inefficient. Further it is in the City's best
interest to promote the improvement of the airport facilities.
SECTION 2. The Mayor is hereby authorized to execute said Memorandum of
18 Understanding on behalf of the City; a copy of the MOU is attached hereto (Exhibits A).
19
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22 II
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24
III
II
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L(l O. /0
(P/ZI /O~
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1 RESOLUTION... APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
2 RELATING TO CAPITAL IMPROVEMENT PROJECTS WITHIN THE AIRPORT
3 OPERATING AREA.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
meeting thereof, held
7 on the
day of
, 2004, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 ESTRADA
10 LONGVILLE
11 MC GINNIS
12
13
DERRY
KELLY
14
15 JOHNSON
16 MC CAMMACK
17
18
19
City Clerk
day of
,2004.
The foregoing resolution is hereby approved this
20
21
22
23 Approved as to
orm and legal content:
Judith Valles, Mayor
City of San Bernardino
24
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26
27
28
AMES F. PENMAN,
ity ttorney
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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 I,
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 --
I. 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 corrununications facilities, navigational aids, aviation traffic
control facilities, storm water 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 I,
1998, (the "1998 MOU") pursuant to which the City granted to the SBIAA an exemption
from the payment by the SBlAA to the City of any City regulatory fees, or building
permit inspection fee associated with certain Airport Improvement Projects.
5. The City and the SBlAA 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'sbiaaloperationslconstruction project/City MOU-5-7-04.doc 1
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NOW, THEREFORE, THE CITY AND THE SBIAA MUTUALLY AGREE AS FOLLOWS:
Section I. 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 areil 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 SBlAA 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
storm water 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 bithe 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.
J:datalsbiaaJopc:rations!construction project/City MOU-5-7-04.doc 2
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Section 6. This 2003 MOD shall be deemed to be in effect as of January I, 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 MOD shall be automatically renewed for five (5)
successive one (1) year periods commencing with the first renewal on January I, 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
MOD. 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 MOD may be executed in counterparts by authorized officers of the City and
the SBIAA.
CITY
City of San Bernardino
SBIAA
San Bernardino International
Airport Authority
By:
.--c= ~
~
.. Vice- President, Robert Christman
~
Mayor
By:
By:
I'L~,_JQ.~
Secretary
City Clerk
Date:
Date: May 12, 2004
J:datalsbiaaloperations/construction project/City MOU-S-7-04,doc 3
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'~I SCot' AlIIIIIJiT1U.TION
AIRPORT LAYOUT PLAN (ALP)
San Bernardino International .'tirport
SA,."ol BERNARDISO, C.-\LlFeR!'a..
~1~f'!lRT
~p~ 'ilIA
SAN BERNARDINO INTERNATIONAL
AIRPORT Atn'HORITV
.SIInGi.'llS
PREPARED rn,
~'\uoaared' EnPn"I'$, Inc_
31'1 UST SME~'T.YUtU[
OIlTaA'O, CA\.IFOIIIII."n..
l'Il. 'tOil tlo-.'n
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, CM.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
June 24, 2004
Eric Ray
San Bernardino International Airport Authority
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408
Dear Mr. Ray,
Enclosed, please find two fully executed Memorandum of Understanding between the City of
San Bernardino and the San Bernardino International Airport Authority relating to capital
improvement projects within the Airport operating area.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
</!l,dd{., Jy-~
Michelle Taylor '
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty