HomeMy WebLinkAbout41- Planning & Building Services CITY OF SAN BERh&4RDINO - REQUEST I`JR COUNCIL ACTION
From: Al Boughey, Director Subject: Withdrawl from San Bernardino County
Airport Land Use Commission
Dept: Planning & Building Services Mayor and Common Council Meeting
Date:
October 28, 1993 November 15, 1993
Synopsis of Previous Council action:
December 17, 1969, the City became a member of the East Valley Planning
Agency - Airport Land Use Commission through a Joint Powers Authority
agreement.
Recommended motion:
Adopt Resolution .
"Owe
Sig ature
Al Boughe
Al Boughey 384-5357
Contact person: Phone:
Supporting data attached: Staff Report, Resolution Ward: 1 and 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Withdrawl from San Bernardino County Airport Land Use
Commission
Mayor and Common Council Meeting of November 15, 1993
BACKGROUND
On December 17, 1969. The City became a member of the East Valley
Planning Agency - Airport Land Use Commission (ALUC) through a
Joint Powers Authority agreement. The City has, since adoption of
the agreement, served on the ALUC.
June 30, 1993 . Senate Bill 443 was approved. The Government Code
was revised to substitute the word "may" for "shall" pertaining to
the requirement for countys to establish Airport Land Use
Commissions.
October 4 , 1993 . Jon Mikels, Chairman of the County Board of
Supervisors, sent a letter to all affected jurisdictions requesting
consideration of withdrawl from the applicable ALUC (copy
attached) .
October 18, 1993 . The County Board of Supervisors adopted a
resolution of intent to withdraw, and withdrawl from, the Airport
Land Use Commissions Joint Powers Authority agreements. Their
withdrawl is effective on or about November 18, 1993 .
ANALYSIS
As noted in the letter from Supervisor Mikels, the County does not
have the resources to continue staffing the ALUCs. ALUC review is
costly to the applicant, time consuming and redundant. The City's
General Plan and Development Code recognize airport safety issues
and staff reviews these issues on a project-by-project basis
through the City's environmental review process. Withdrawing from
the ALUC would not affect this review process. In addition, future
development at Norton will benefit from the facilitated review
process.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
resolution which declares the intent to withdraw from the East
Valley Airport Land Use Commission.
Attachments: 1 Letter from Jon D. Mikels
2 Resolution
ottr� of *uperuisL�s JON D. MIKELS
Chairman
(�ountg of #an Nernarbino Supervisor, Second District
Ali
October 4, 1993
Honorable City Council
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
REF: Senate Bill 443, amending PUC Section 21670 pertaining to ALUCs
As you may have heard by now, Senate Bill 443 was approved by the Governor on June 30,
1993. The act amends various sections of the Government Code, one of which is Section
21670 of the Public Utilities Code (ALUC). The word "may" has been substituted for the
word "shall" relative to a county's mandate to establish Airport Land Use Commissions.
This change to the statute, accomplished as part of the state budget bill, relieves the state
of reimbursement to counties for administration of the ALUC programs. Your city became
a member of the East Valley Planning Agency - Airport Land Use Commission (ALUC)
through a Joint Powers Authority (JPA) agreement on December 17, 1969.
Consistent with the current effort to reduce fees, eliminate_redundant reviews, streamline
processes, and improve the economic climate statewide, this County has been examining
programs for efficient operating alternatives and where necessary, implementing those
alternatives. After much evaluation, administration of the ALUC program appears to be
a time consuming and expensive process, making it a prime candidate for elimination.
The ALUC program is costly to the applicant, the applicable jurisdiction, and the County.
Assembling a quorum for hearings has frequently been impossible. County ALUC
administrative staff spend much time coordinating hearings,distributing information,fielding
questions, etc., which was previously billed to the state, who reimbursed the General Fund.
This function is performed by the County Planning Department, exclusively. Likewise,
Planning has borne the program costs exclusively. From now on however, not even the
County General Fund benefits since the State had discontinued reimbursement of this
"optional' mandate.
The program is also redundant in that review of potential airport hazard impacts is
required by the California Environmental Quality Act (CEQA). The airport safety review
portion of the CEQA initial study could easily replace the separate ALUC review. The
powers of the ALUC are limited to that of an advisory agency to the local jurisdiction,
which ultimately has the ability to override ALUC recommendations. Airport safety issues
San Bernardino County Government Center • 385 :North Arrowhead Avenue, Fifth Floor • San Bernardino, CA 92415-0110 • (909)3874833
Rancho Cucamonga District Office Foothill Communities Law and Justice Center • 8303 Haven Avenue • Rancho Cucamonga,CA 91730 • (909)9454297
Wrightwood District Office • 6025 Park Drive(Street Address) • P.O. Box 1954(Mailing Address) • Wrightwood,CA 92397 • (619)249-5232
O
ALUC letter, City of San Bernardino
October 4, 1993
Page 2 of 2
could be considered at the same reviewing authority levels established by each loc al
governing body, thereby streamlining the overall project review process. No recom-
mendations by an outside party, or overrides by the local jurisdiction would be necess ary
before a project determination could be made, providing local governments a more efficient
land use application review process.
County staff has spent much time researching potential ramifications of dissolving the
ALUCs. Staff has informally discussed the issue with representatives of the Division of
Aeronautics, as well as with several San Bernardino County cities' planning staffs. County
Counsel has also reviewed this issue and has advised that the standard terms of the JPAs
require withdrawal of more than 50% of each commission's membership in order to dissolve
each regional ALUC. Procedures for withdrawal are established in the JPAs. County
Counsel also advises that without a simple majority of the membership withdrawal from
each commission, the ALUC program would remain in effect, subject to the unchanged
requirements of the statute, and the responsibility of the remaining membership.
I am sure you will agree that continued, unreimbursed County administration of the ALUC
program would be cost prohibitive. Therefore, based on both budgetary and efficiency;
concerns, the San Bernardino County Board of Supervisors wilt, on October 19, 1993,,
consider passage of a resolution to declare an intent to withdraw from the Joint Powers-
Authority(JPA)agreements which established the Regional P q
Use Commissions. A copy of the County's resolution willlo area d oAtheoALUC
secretary and will become effective thirty days after adoption. T� Rmd-to
encourages your city to expeditiously adopt a resolution of intent to withdraw from the East
Valley JPA as well.
Should you wish to discuss this issue further, please
staff at your convenience. ALUC staff are Julie He phill and tAlyson Stafford. B y of my
be reached at (909) 387-4099. oth may
Sincerely,
p�ryr11NG pEPART�M
N D. MIKELS
Chairman
ALYSON AFFORD
JDM:aes PlarAw
pnwd'n ReCy" pJDe'
cc: East Valley Airport Land Use Commission WKA"_-adAva.Yso W
Valery Pilmer t9081387� San OWMd11 ,CAS
F�x190913873229
Julie Hemphill
I"
4 1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DECLARING THE CITY'S INTENT TO WITHDRAW
3 FROM THE EAST VALLEY AIRPORT LAND USE COMMISSION.
4 WHEREAS, Public Utilities Code Section 21670 et seq. provides
5 for the establishment of an airport land use commission in every
6 county in which there is located an airport which is served by a
7 scheduled airline; and
8 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 such circumstances; and
12 WHEREAS, the City became a member of the East Valley Airport
13 Land Use Commission, (ALUC) , pursuant to a joint powers agreement
14 on December 17, 1969; and
15 WHEREAS, Senate Bill 443 amended Section 21670 (b) to change
16 the term "shall" to "may" in order to relieve local entities such
17 as the County of the duty to incur unnecessary expenses in certain
18 aspects of airport land use; and
19 WHEREAS, the State of California will no longer reimburse San
20 Bernardino County for administration of the Airport Land Use
21 Commission program should it be continued; and
22 WHEREAS, airport safety reviews are performed and will
23 continue to be performed for all affected development proposals
24 within the City of San Bernardino in accordance with the adopted
25 General Plan policies and Development Code standards in order to
26 protect public health and safety; and
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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 WHEREAS, the County Board of Supervisors adopted a resolution
9 (Reso. 93-295) on October 19, 1993 declaring their intent to
10 withdraw, and their withdrawl from, the East, West and
11 Mountain/Desert 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
15 ORDER THEIR intent to withdraw and hereby withdraws from the Joint
16 Powers Agreement which established the City as a member of the East
17 Valley Planning Agency - Airport Land Use Commission.
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TM_gu
JEW-
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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 the Mayor and Common Council of the City of San
4 Bernardino at a meeting thereof, held on the
5
day of 1993, by the
6 following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
15
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17
18 City Clerk
19 The foregoing resolution is hereby approved this day
of IF 1993 .
20
21 Tom Minor, Mayor
City of San Bernardino
22
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN,
City Attorney
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27 By
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