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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 27 28 1 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. 18 19 20 21 22 23 24 25 26 27 28 2 TM_gu JEW- 0 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 16 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 26 27 By 28 3