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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Date: July 21,2003
ORiGiNAL
File:
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Subject: Resolution authorizing the Mayor
to execute a 2003 Memorandum of
Understanding (MOU) extending the term
and effect of a 1998 Memorandum of
Understanding with SBIAA for waiver of
City Building Division Fees for certain
Airport Improvement Projects.
~~ t'I
1-~
V James Funk
MCC Date: 08-04-03
Contact person: Michael Grubbs Actil\g City Engineer
Phone:
Supporting data attached: Staff R<:port. Resolution & MOU Ward:
FUNDING REQUIREMENTS: Amount: NI A
Source: (Acet. No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item
5179
if 2,P
8/1 r 103
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the Mayor to execute a 2003 Memorandum of Understanding (MOU)
extending the term and effect of a 1998 Memorandum of Understanding with SBIAA for
waiver of City Building Division fees for certain Airport Improvement Projects.
Background:
The San Bernardino International Airport Authority (SBIAA) owns and operates a public
airport situated on a portion of the former Norton Air Force Base which is located entirely
within the municipal boundaries of the City of San Bernardino. The operation of the Airport by
the SBIAA is subject to the terms and conditions of a public airport operator's permit issued to
the SBIAA by the Federal Aviation Administration (FAA).
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 airplane runways, taxiways, airport passenger and cargo
loading and unloading ramps, and other airplane ground movement and taxiway improvements,
airport aviation lighting, airport radio communication facilities, navigational aids, aviation
traffic control facilities, stormwater drainage facilities, airport access roads, public mass
transportation parking facilities for airport users, airport security fencing, airport clear-zone
projects and habitat maintenance activities (collective referred to as ~ Airport Improvement
Projects").
The City of San Bernardino and SBIAA had previously entered into a Memorandum of
Understanding for a 5-year period which began on January 1, 1998 and ended on December
31,2002 (the ~1998 MOU") in 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. 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 the attached 2003 MOU. A copy of the 1998 MOU is attached hereto for
reference as Exhibit ~B".
Construction of any new airplane hangar, the construction of any additional interior floor area
of any existing airplane hangar or the re-occupancy or change in use or occupancy of any
existing hangar situated within the Airport Operations Area (AOA) will not be exempt from the
payment to the City of any development project or building permit or inspection fee under the
attached 2003 MOU.
The SBIAA is also requesting that the City authorize SBIAA to serve as ~lead agency", as this
term is dermed in the Public Resources Code Section 21067, for the purposes of satisfying the
requirements of the California Enviroumental Quality Act (CEQA) and the National
Enviroumental Policy Act (NEPA) with respect to any Airport Improvement Project
undertaken by the SBIAA in the Airport Operations Area during the term of the 2003 MOU.
Staff feels that the SBIAA is qualified and capable of performing the role of ~lead agency" for
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Cont'd)
CEQA and NEPA with respect to Airport Improvement Projects as described in the 2003
MOD.
The 2003 MOD shall be deemed to be in effect upon execution by the City and the SBIAA,
and shall remain in effect until December 1, 2006. The 2003 MOD shall automatically renew
for five successor one-year periods commencing with the first such renewal on January 1,
2007, unless written notice is given by either party at least ninety days prior to such automatic
renewal date of the 2003 MOD. A copy of the 2003 MOD is attached hereto as Exhibit" A".
Financial Impact:
The financial impact of unrealized revenue from City regulatory fees and/or building permit
inspection fees is unknown at this time. However, there is a partial offset in the unexpended
staff time costs of providing those services to the SBIAA.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING EXTENDING THE TERM AND EFFECT
OF A 1998 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY (SBIAA) FOR CERTAIN AIRPORT IMPROVEMENT PROJECTS.
WHEREAS, The SBlAA is a joint powers authority established under the laws of the
State of California; and
WHEREAS, 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, entirely within the municipal boundaries of the City of San
Bernardino; and
WHEREAS, The operation of the Airport by the SBIAA is subject to the terms and
conditions of a public airport operator's permit issued to the SBIAA by the Federal Aviation
Administration (the "FAA"); and
WHEREAS, 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 airplane runways, taxiways, airport
passenger and cargo loading and unloading ramps, and other airplane ground movement and
taxiway improvements, airport aviation lighting, airport radio communication facilities,
navigational aids, aviation traffic control facilities, stormwater drainage facilities, airport
access roads, public mass transportation parking facilities for airport users, airport security
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fencing, airport clear-zone projects and habitat maintenance activities (collective referred to
as "Airport Improvement Projects"; and
WHEREAS, Title 15 "Building and Construction" of the Municipal Code requires
plan approval and permits for new construction, additions and modifications to structures and
on-site improvements; and
WHEREAS, Title 15 "Building and Construction" of the Municipal Code requires
collection of fees for plan approval and fees for a permit for new construction, additions and
modifications to structures and on-site improvements; and
WHEREAS, the City of San Bernardino and the San Bernardino International Airport
Authority (SBlAA) have previously entered into an agreement, dated as of January 1, 1998
(the "1998 MOU") in which the City granted to the SBlAA 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; and
WHEREAS, construction of any new airplane hangar, the construction of any
additional interior floor area of any existing airplane hangar or the re-occupancy or change in
use or occupancy of any existing hangar situated within the Airport Operations Area (AOA)
shall not be exempt from the payment to the City of any development project or building
permit or inspection fee under the attached MOU; and
WHEREAS, The SBlAA has requested that the City authorize SBlAA to serve as
"lead agency" as this term is defmed in the Public Resources Code Section 21067, for the
purposes of satisfying the requirements of the California Environmental Quality Act (CEQA)
and the National Environmental Policy Act (NEPA) with respect to any Airport Improvement
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Improvement Project (AlP) undertaken by the SBIAA in the Airport Operations Area during
the term of this MOU; and
WHEREAS, The City fmds that the SBIAA is qualified and capable of performing
the role of "lead agency" as defined at Public Resources Code Section 21067, for the purpose
of satisfying the requirements of CEQA and NEPA with respect to AlP undertaken by the
SBIAA in the Airport Operations Area during the term of this 2003 MOU; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino
hereby authorize the Mayor to execute the attached document entitled "2003 Memorandum of
Understanding for waivers of City of San Bernardino Development Services Department fees
for certain Airport Improvement Projects", attached hereto as Exhibit" A", and made a part
hereof as if stated in full herein.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING EXTENDING THE TERM AND EFFECT
OF A 1998 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY (SBIAA) FOR CERTAIN AIRPORT IMPROVEMENT PROJECTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2003, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Council Members:
10 ESTRADA
11 LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
Tbe foregoing Resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
EXHIBIT "A"
2003
MEMORANDUM OF UNDERSTANDING
FOR WAIVERS OF CITY OF SAN BERNARDINO
BUILDING DEPARTMENT FEE 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 --
1. 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 San Bernardino, California. The operation of the Airport by the SBlAA is subject
to the terms and conditions of a public airport operator's permit issued to the SBIAA by the
Federal Aviation Administration (the "FAA"); and
2. The Airport is situated within the territorial municipal boundaries of the City;
3. The SBIM 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 airplane runways, taxiways, airport passenger and cargo I
loading and unloading ramps, and other airplane ground movement and taxiway improvements,
airport aviation lighting, airport radio communication facilities, navigational aids, aviation traffic
control facilities, stormwater drainage facilities, airport access roads, public mass transportation
parking facilities for airport users, airport security fencing, airport clear-zone projects and habitat
maintenance activities (collectively herein "Airport Improvement Projects").
4. The City and the SBIM have previously entered into an agreement, dated as of
January I, 1998 (the "1998 MOlf') pursuant to which the City granted to the SBIM 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 S81AA 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.
NOW THEREFORE IT IS MUTUALLY AGREED BY THE CITY AND THE SBIM
AS FOLLOWS:
Section I. The City hereby declares that any Airport Improvement Project
undertaken in the Airport Operations Area by the SBIM during the term of this 2003 MOU, by
either SBIM labor force account employees or under a SBIM public works contract, as this
41101033:30 jmm
582003:5811.1
I
-,
EXHIBIT "A"
term is defined in Public Contract Code Section 110 I, shall be exempt from the payment to the
City of any development project regulatory fee or building permit or inspection fee charged or
assessed by the City and shall be exempt from the permit process.
Section 2. For the purposes of the fee and permit process exemption granted by the
City to the SBIAA in Section I, the City hereby agrees that airplane hangar roof repair and
maintenance work and airplane hangar door replacement, repair and maintenance work, when
performed on any existing airplane hangar situated in the Airport Operations Area of the Airport
by either SBIAA labor force account employees or under a SBlAA public works contract, shall
also be exempt from the payment to the City of any building permit or inspection fee charged or
assessed by the City. Notwithstanding any other provision of Section I or Section 2 of this 2003
MOO to the contrary, the construction of any new airplane hangar, the construction of any
additional interior floor area of any existing airplane hangar or the reoccupancy or change in use
or occupancy of any existing hangar situated within the Airport Operations Area shall not be
exempt from the payment to the City of any development project or building permit or inspection
fee under this 2003 MOO.
Section 3. All other development projects and all other capital improvement projects,
whether undertaken by the SBIAA or by third parties, which are not described in Section I or
Section 2 of this 2003 MOO, shall remain subject to the development project review authority
and the building permit review authority of the City and no waiver or exemption of any
development fee or building permit and plan checking fee by the City shall be applicable to such
development project or capital improvement project under the terms of this 2003 MOU.
Section 4. The SBIAA may request that the City provide development project and/or"
Airport Improvement Project construction design, oversight, management and/or inspection
services to the SBlAA in connection with any Airport Improvement Project which is otherwise
exempt under this 2003 MOO from the payment of fees or charges to the City, and the City
hereby agrees to provide such design, oversight, management and/or inspection services to the
SBlAA upon execution of an appropriate written purchase order and payment by the SBIAA of
the actual costs incurred by the City in providing such services to the SBlAA. The authorization
of the City to provide any such service to the SBIAA shall be evidenced by a purchase order
which describes the services to be performed by the City, and shall be executed on behalf of the
City and the SBIAA by the authorized officer~ of each of them.
Section 5. The City hereby authorizes the SBlAA to serve as the "Iead agency" as
this terms is defined at Public Resources Code Section 21067, for the purpose of satisfying the
requirements of the California Environmental Quality Act with respect to any Airport
Improvement Project undertaken by the SBIAA in the Airport Operations Area during the term
of this 2003 MOO. The City further acknowledges and agrees that the SBIA<\. shall assume full
responsibility to the FAA to comply with applicable provisions of the National Environmental
Protection Act as it relates to any Airport Improvement Project undertaken in the Airport
Operations Area during the term of this 2003 MOO.
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 until
4/101033:30jmm
SB2003:;811.1
2
EXHIBIT "A"
December 31, 2006. This 2003 MOV shall automatically renew itselffor five (5) successor one
(I) year periods commencing with the first such renewal on January 1, 2007, unless at teast
ninety (90) days prior to such automatic renewal date, a party gives written notice to the other of
the non-renewal of the 2003 MOV.
This 2003 MOV may be executed in counterparts by the authorized officers of the City
and the SBIAA.
CITY
City of San Bernardino
Date:
By:
Mayor
By:
City Clerk
Approved As To Form:
City Attorney
SBlAA
San Bernardino International Airport
Authority
Date:
By;
President
By:
Secretary
Approved As To Form:
General Counsel
4110/033:30jmm
S82003:5811.1
3
M~~C~~~DUM OF UNDERS~_~~ING
EXHIBIT "B"
C.;'P!T?!. IM?ROVU'1ENT PROJEC'!S
This Memora~cum 0: Unders~a~cing is entered
the San Bernardino I:1~e=:la tional Ai.r::Jort Act~v=i t~: ,
. .
refe:red to as "S3!~/" and t~e City of San
hereina:ter re:erred to as .C!T!.. -
in~o between
hereina=~er
Bernardino,
WITNESSETS:
w"F.ER!AS, SBrAA has leased a oortion of the fOr::ler tlor~on
A.:,.B., generally inclucing the ai:-port opera~ion facilities,
hereina:ter re:errec to as Ai=?ort Operating Area (AOA); and
w"F.EREAS. SBIAA will on occasion soonsl'lr caoital
inprovenent ~rojects for enhanced r\i.=port operat-ion facilities,
such. ~s ~~;r:.t.I~Ys I ~~nway lic;ht~n~, !,.:iYJ'~c~nt c~~s~~c~ior. a.nd
~e"a''''' ",-Iv-g.....,...r. a"cs g,-c. anc. ""0- a.......l..~~v _.C'11....,~S such
-:t __I ".w. _ c:.1.._'iJ. - 1-"" -, .. ..... U.^....~-4' ..d. ---:..--,
as ai=,?o:t ta::1'linal, s~=vice bus ine:s se3, c?nd la-:-:.d cev~lopme:lts;
a:1c.
W'dEREAS, a. i==,c:t opera ~:.on
cor.struct.ed in accorc.ance with
established by the Eec2=al Attiatio~.
facilities are cesignec anc
sta::.c.a=cs a:1c regula:.ions
A~~i~~st=atio~ (FA.~)i a~d
WEERZAS, the :oriller Norton A.F.B. is e~tirely within the
City limits 0: CIT!; a~c.
I~E~~, SB:A-~ anc CITY co nutually desire to provice for
an exemption. from normal muni~i?al plan ch7ck ~nc.p~~it process
~or ca"'.a' '--~ove-Q~~- &0- a'--o~~ O-D-~~.O~ ~~C,l,~'=s
_ _ :-.1.. _ _.,':'_ a......a~_~ _ _ __:I ___ ::'___....;. I.. ..~ ----..- .
NOW, '!!:E;tEFORZ, IT IS Mt'Tt:;GLY AG;tEE!l AS FOLLOWS:
1-
facilities,
checking and
Capital Improvements
within t~e ?OA, shall be
permit processes.
for airport operation
exempt froD ncr::1.al City plan
2. S3!AA shall aSSUI:le
environl'!lental review ar:d sp.curing
appropriate governmental agencies.
full
approvals
resoonsibilitv for
iron FAA and other
3. All other capital i~prove!:lents a:'lc la:'ld develocoent
projects shall be subject to CI'!Y's Mrl'lal phn check and permit
process. ~
4. S3!AA hco.s the right to rec;uest assista:tce
De:Ja=t.":1.er.t 0: ?ub!.ic Works in 'the cesicn, ins:>ection
a~=:U~ist=ation for a~v ca'Oi~al i!'!'\crov~ne!:t p"roj ect,
rei~~u=se~e~t of ac~~al costs inc~=~~e.
from CI'!Y' s
0:: con t:act
su:,iect to
.,. ..
MEMORk'lDOM OF UNDE?.5TA."iDWG - CAP!TAL IMPROvr:.'lENT PROJ"ECTS:
EXHIBIT "B"
5. This Memorandum of Unde:standinc; will be
for a oeriod of (5) years, cO!:lmencing ~-~... I
l~, and e!lding .~IJI'_-<~;'" "::?/ bi, .:-;-~-<-
i!1 effect
,
SAN BERNAlU)IlIO INTERNA'l'IOtlAL
AIRPORT AtmiORITY
C!TY or SAtl BERUA.":U)INO
By ~1 )A.ltlJ1'\
J -ToI:! .Mi:1or~ ~1ayor
~
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