HomeMy WebLinkAboutAgenda Packet 2001/09/07
Notice is hereby given that the Deputy Mayor of the City of Chula Vista has called and will convene a special
meeting of the City Council on Friday, September 7, 2002, at 4:00 p.m. to consider, deliberate and act upon
the following:
()~c;)~
Patty Davis, De'Jty Mayor
SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
AGENDA
Council Conference Room
Administration Building
276 Fourth Avenue
September 7, 2001 4:00P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Rindone, Padilla, Salas, and Mayor Horton
1. Discussion of Assembly Bill 93 (Wayne) -- Airports: San Diego County Regional
Airport Authority.
ADJOURNMENT
...- .. ._'00._.._.-. -----. .
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 9/7/01
ITEM TITLE: Review and Discussion of AB 93 (Wayne) Creating San Diego
County Regional Airport Authority
SUBMITTED BY: Intergovernmental Affairs Coordinator 4/5 Vote: Yes - No,X
Colleen M. Kelly ~
REVIEWED BY: City Manager David D. Rowlands, Jr.
The City of Chula Vista, as one of five port cities in this region, has a strong interest in
protecting one of its greatest assets, the San Diego Bay. This has been a primary
function of the San Diego Unified Port District. As part of the larger San Diego County
, community, Chula Vista is concerned with the over-all economic health of the region,
and the benefits of an effective and efficient regional airport system. Since it's
inception, the Port has also been the administrator and operator of the San Diego
International Airport at Lindbergh Field.
For these reasons, the recent introduction of AB 93 (Wayne) to create a regional
airport authority and to place the operation and administration of San Diego
International Airport at Lindbergh Field under the auspices of that new authority, is of
substantial interest to this Council. Because AB 93 falls outside the parameters of the
City's adopted Legislative Program, Council action is required for the City to take a
position on the proposal.
RECOMMENDATION: That the Chula Vista City Council support, in principle, the
formation of a regional airport authority, with the understanding that amendments to
the existing proposal may be required upon more extensive analysis of the fiscal
impacts of that proposal.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backqround
As noted in the information item provided to the City Council on September 6,2001, a
bill (AB 93) has been introduced to create a San Diego regional airport authority. This
authority would operate the existing airport at Lindbergh Field, as well as continue the
work begun by the Joint Airport Advisory Committee (JAAC) to ascertain sites for a
new or supplemental airport to serve the region's needs.
page 2, Item No.L
Meeting Date: 917/01
Creation of a regional airport authority was one of the recommendations of the
Regional Governance Efficiency Commission, which met and reviewed regional
governance needs during the first six months of 2001 and submitted its
recommendations to the Legislature earlier this summer.
Additional amendments to AB 93 were taken in the Senate Appropriations Committee
during the afternoon of September 6, 2001. These amendments were faxed to the
City of Chula Vista during the morning of September 7, 2001. City staff has inserted,
manually, this revised language into the August 29, 2001 version of the bill. Copies of
the bill, reflecting the September 6 amendments, are attached to this report. It should
be noted that co-authors of this legislation now include Assemblymembers Kehoe and
Vargas, as well as Senators Peace and Alpert.
,
During the city staff review of the September 6 amendments, it was noted that the
City of Oceanside and the City of Chula Vista were stricken from the definitions of
cities that fell within the northern and southern areas of the county, respectively. A
conversation with Senator Peace's staff in Sacramento indicates that the intent of the
language was to clarify that Oceanside and Chula Vista, as the most populous cities in
their respective segments of this region, are guaranteed seats on the new airport
authority, but that these two cities would not have a vote in the selection of the
remaining north and south area cities' representatives to the authority.
At the time of this conversation, Senator Peace's staff had already noted the error in
the latest language, and had already instructed the State's Legislative Counsel to
correct the language. The revised language will be sent to the City as soon as it is in
print.
FISCAL IMPACT:
It does not appear, at this time, that AB 93 presents any negative fiscal impacts to the
City of Chula Vista. In addition, concerns about a negative impact to the Port have
been reduced as a result of the September 6 amendments to the bill. Among those
amendments are:
. Elimination of the requirement for the Port to retain responsibility for the clean
up and remediation of all toxic materials on or under the surface of San Diego
International Airport;
. Stipulation that the property adjacent to the airport and that is owned by the
Port (commonly referred to as the "General Dynamics Property") shall continue
to be operated by the port as a parking facility;
. If the new Airport Auth9rity is required to acquire this property as part of an
adopted airport expansion plan, the value of the property for purposes of that
acquisition shall be set at the fair market value that the property holds on June
30, 2001, plus an adjustment for inflation.
page 3, Item No.L
Meeting Date: 917/01
City staff is aware, however, that very little time has elapsed since the introduction of
this proposal, and that a thorough analysis of the fiscal and operational affects of this
proposal has not taken place. For that reason, the staff recommendation is to support
the proposal in principle, but to request that the author agree to carry corrective
legislation on behalf of the City of Chula Vista at the start of the 2002 legislative
session should this be necessary to protect the interests of the community.
Attachments:
. AB 93 text (with amendments of September 6. 2001 added manually)
. Amendments to AB 93 as presented by the Legislative Counsel
. September 6. 2001 Information Memorandum to the City Council on AB 93
-
CI...2oo1Iagenda statementslabg3
t:h.¡.G. ~ ~f....r I
AMENDED IN SENATE AUGUST 29,2001
AMENDED IN SENATE JUNE 27, 2001
AMENDED IN ASSEMBLY MAY 7, 2001
AMENDED IN ASSEMBLY APRIL 16,2001
AMENDED IN ASSEMBLY APRIL 3, 2001
CALIFORNIA LEGISLATIJRE-2001-O2 REGULAR SESSION
ASSEMBLY BILL No. 93
Introduced by Assembly Member Peseelli Wayne {;
.~uJ (q)u~ ;.Ie fu'-<- ... V'L \ r<J / Ac<Ct; t//'-"-'rf-
January 11,2001
:\H aet te aàà CHapter 6 (eoffiffieHciHg .. ita Seetion 75180) te Part ). ( <:. .., Z¡~ 1C ~
8 of Di'lisioH 21 oftlie ',Vater Code, relaEiHg to "ater.,{,tlictloa,llwd ¡¡.,., ¿cd j CL'- -'<?c'h<'" ,
Sf#:tien 53C11)() ,,1 II," Cv ,CI/lI1WRt Code, Ie lidd-Sectilm-'2.Jf/lO-..J-to,-and- t-9 0-,..
to add Division 17 (commencing with Section 170000) 10, Ihe Public
Utilities Code, and to amend Sections 4 and 5 of the San Diego Unified
Port District Act (Chapter 67 of the Statutes of 1962, First
Extraordinary Session), relating to airports.
LEGISLÞITIVE COUNSEI:S OlGEST
AB 93, as amended, ~ Wayne. NertH San Joaq\:IiR '-Vater ~
CORser. atieH Distriet: charge Airports: San Diego County Regional
Airport Authority.
(1) Existing law establishes the San Diego Regional Government
Efficiency Commission and requires the commission to submit to the
Legislature a plan and draft legislationfor the consolidation of regional
agencies within the San Diego region.
94
I
AB 93 --2-
This bill would establish the San Diego County Regional Airport
Authority, as a local entity of regional government, with jurisdiction
throughout the County of San Diego, and would require the authority
to adopt the comprehensive airport land use plan for that county and
coordinate the airport planning of public agencies. The bill would
establish the governing body and structure of the authority, require the
San Diego Unified Port District to transfer the San Diego International
Airport to the authority, and assign various powers and duties to the
authority regarding the establishment and operation of airports within
the county.
To the extent that these provisions would impose additional duties
upon the port district and other entities of local government, the bill
would create a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims
Fund to pay the costs of mandates that do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission 011 State Mandates
detennil1es that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
prOV1SlOI1S.
(I) ExistiHg la.. speeif-ies the po.. er3 aHd p1:l!'fgeses ef .. ater
COHser. atieH àistFiets.
This l3ill .. e1:llà a1:lå3eFÏze the NeFtft SaH JeflE 1:IiH 'Nater CORser, atieH
Di5tflet, eeHsisteHt '1, ita the PrepesitioH 218 Offtflib1:is IH<plemeHtatioH
Aet, 13) resel1:itieH, te levy a speeifieà per aere assessmeHt, flet te exeeed
$5 per aere er ¡¡ertieH ef aH aere, eH I!lHà en .. fiiefi smfaee .. ater ef
gro1:lHd,', ater is a¡¡plied, te ¡¡a) f-ef the eRpeH5es of the àistriet reiatiHg
to the delivery of s1:lrf-aee .. £Iter. The bill .. e1:llà atltherize tfie be!lfà ef
the àistriet te ¡¡re ,iàe a proeeàtlfe fer the eollectioH of the aS5eSSftleHts
by ','/ay of the COliHt) taR bills, Ihereby impesing a state æaHàateà leeal ~
progr!lffi. by impesiHg aààitieH!lI d1:lties eH å3e affeeteà eO1:lHt) .. ita
feoflfà te the eelleetioH of tfiese assessæeHts.
(2) The Califumia CeRstiætieH reElliires Ihe state te reiæbtlrse leeal
ageHeies aflà school districts f-er eertaiH eosts æanàateà b) the state.
Stat1:lter) ¡¡rovisioHS establish ¡¡feeed1:lfeS fer ft1alciHg that
reimbtirseHieHt, ifiellidiHg the ereatiOH of a State M!!Hàates Clai!fl5 l~lHd
94
I
-3- AB 93
te ¡JaY tae eosts ef ffiallciates !fiat cie Het e,leeeci $1,000,000 state.. ¡cie
aHà ether ¡Jreeeàtlres fer daiffi3 "liege slale"iàe eests e,lceed
$1,000,000.
This 'Bill .. etild pro, ide that, if tfie CeffiffiÌssioH OH State MElHàates
deleffiliftes IDat the 'Bill eeHtaiHs COSt3 ffialldated by the slale,
reiæ6t1fseæeHt fer IDe"e ee5t5 saaH Be ffiaàlò ¡Jtlrstlallt te IDese stamtet)
prs',IsleHs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The peaple .of the State .of Califarnia da enact as fallaws:
I SECTION 1. Cfiapter 6 (esffiffiel'leiH" "itfi See!ÏeH 75180) is
2 .$ECTJ()N J. Sèuiu" ~3090 g/ tIle Cð"".,l,hc"¡ Cuu'è- ù-
3~
4 53098. A.! tl58à in lais artiek.
5 (a) "Leeal agenc) " mpon< on :.Ig@nc)' oí'-tÌle-stal<:-foF4be-1ucal-
6 -pt:"fv"!ll>:hC~ t)f 1St). ~InmeHtal or fJreprietary fuftctioo-witbffi-
7 limited bollHàaries. "LoGal-ag¡¡ncy" òoe&-nøl-inçJ.uàe~tate;--:r
8 -city, a eõtlnt), a rapià a-aasit gi~tn('t "'ÌlQ.e boarrl of rlirpC'-tQ.r;s...Í!;-
9 "Pl'uimed by public buJi<oo vr officers er @I@cted from @1@GtiG!I,
10 -4istricts '.vithin the !!fca co~!fie-district;"-cm-ai"'pvrr-
II aufhorily eswbli,/1cri untieF-lJivisien--J-7-(Go-mmencing_-with-
12 S ee/iorr-l7f}()f)&-;-r7f-fhe----Jl.uh.l ie-fJ+i-fitie s-Gode;-Ð F-a-Gistri G t-
13 o~ursuallL tv Part 3 (ecHhul<o""iu15 wj~h-Sectiorr2'fflOOruf
14 Di-vi&illu 16 uf (he 3u<ods allà Highways Code.
15 (b) "Buildill15 vidiHanees'-'-me~Ct:' u[ <1 wullty-or-
16 cÏJ:¥.--:l:eglllating building__and-CGl1Struction-and-removal-ef ---
17 buildings, incillding erdinanees œlating-tø4he-matterõSerimth-in-
18 Section 38660 <111d SimIlar lllatt<o'~, and inc!tldihl; o,dinahces-
19 rdatiHg tg þnilrli"g permits and building impeetion
20 SEe.~. Sectian 21670.3 is added ta the Public Utilities Cade,
21 ta read:
22 21670.3. (a) Sectians 21670 and 21670.1 da n.ot apply to the ~
23 Caunty .of San Diega. In that caunty, the San Diega Caunty
24 Regianal Airpart Autharity, as established pursuant ta Sectian
25 170002, is responsible far coardinating the airpart planning .of
26 public agencies within the caunty and shall, an or befare June 30,
27 2005, after reviewing the existing camprehensive land use plan
94
I
AB 93 -4-
I adopted pursuant to Section 21675, adopt a'comprehensive land
2 use plan.
3 (b) Any comprehensive land use plan developed pursuant to
4 Section 21675 and adopted pursuant to Section 21675.1 by the San
5 Diego Association of Governments shall remain in effect until June
6 30, 2005, unless the San Diego County Regional Airport Authority
7 adopts atlan prior to that date pursuant to subdivision (a).
8 SEe.. Division 17 (commencing with Section 170000) is
9 added to the Public Utilities Code, to read:
10
11 DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT
12 AUTHORiTY
13
14 CHAPTER 1. GENERAL PROVISIONS
15
16 170000. This division shall be known and may be cited as the
17 San Diego County Regional Airport Authority Act.
18 170002. There is hereby established the San Diego County
19 Regional Airport Authority, as a local governmental entity of
20 regional government, with jurisdiction extending throughout the
21 County of San Diego.
22 170004. The Legislature hereby finds and declares all of the
23 following:
24 (a) The population in San Diego County isforecasted to grow
25 to 4.1 million persons by 2030, a 45 percent increase over its
26 population in 2000. In light of this growth, it is incumbent upon the
27 region to take actions to provide for an economy that will create
28 sufficient opportunity and wealth to ensure a high quality of life for
29 all its residents.
30 (b) The globally competitive, export-oriented electronics,
31 communications, and biotechnology industries of San Diego
32 County already employ over 300,000 persons, nearly a third of the
33 local labor force, and will continue to drive the region s economy
34 as it competes in the expanding national and international ~
35 markets.
36 Ic) Air transportation will be an Ùnportantfactor in fostering
37 continued economic growth in San Diego County, as technology
38 workers travel by air 40 percent more frequently than workers in
39 other sectors of the economy.
94
I
-.5- AB 93
I (d) According to the Joint Aviation Advisory Committee
2 established by the San Diego Association of Governments and the
3 San Diego Unified Port District, San Diego International Airport
4 today contributes about $4.3 billion to the San Diego regional
5 economy, which is about 4 percent of the total output of the region's
6 economy. With the demand for air travel expected to more than
7 double to 35 million passengers in 2030, an airport capable of
8 supporting that demand would contribute up to $8 billion to the
9 regional economy. Failure to increase San Diego's regional
10 airport capacity would result in 56,000 fewer jobs and up to $2.5
11 billion less in personal income by 2030. More than 50 percent of
12 the reduction in jobs would occur in the industries related to air
13 exports, including the high-technology industries that
14 manufacture machinery, electronic equipment, and instruments.
15 The balance of the impact would be in the visitor-related
16 industries.
17 (e) The San Diego Regional Government Efficiency
18 Commission was established under Chapter 764 of the Statutes of
19 2000 to evaluate regional governance in San Diego County and to
20 submit a report to the Legislature for improving regional
21 governance. To facilitate its purpose, that commission formed a
22 Port Working Group, a Governance Working Group, a
23 Transportation Working Group, and an Environmental and Land
24 Use Working Group to examine regional governance in the region
25 and to propose options for its improvement. The Port Working
26 Group studied the role and function of the San Diego Unified Port
27 District and in collaboration with the Transportation Working
28 Group created a special joint committee to examine airport
29 development issues in the region. After reviewing the options
30 developed by the joint committee, the commission has
31 recommended to the Legislature, by resolution adopted on July 6,
32 2001, that a new airport authority be created by statute in San
33 Diego County.
34 (f) Because of the significant regional consequences of airport ~
35 development and operations, it is important that the future
36 development of major airport facilities in San Diego County be
37 addressed in the context of a regional decisionmaking process that
38 has regional representation.
rg' 'C::,C"'- c'-~e",L"\t,d- S-
~ ;
94
I
AB 93 -6-
I 170006. For the purposes of this division, the following terms
2 have the following meanings, unless the context requires
3 otherwise.
4 (a) The "authority" means the San Diego County Regional
5 Airport Authority established under this division.
6 (b) The "board" means the governing board of the authority
7 established as specified in Section 170016.
8 (c) The "interim board" means the limited term board
9 established as specified in Section 170012.
10 (d) The "port" means the San Diego Unified Port District
11 established under the San Diego Unified Port District Act
12 (Chapter 67 of the Statutes of 1962, First Extraordinary Session).
13 (e) The "San Diego International Airport" means the airport
14 located at Lindbergh Field in the County of San Diego.
15 (f) (1) The "north area cities" mean the cities of Carls bad, Del
16 Ma~ Encinitas, Escondida, Ocea:1sm, San Marcos, Solana
17 Beach, and Vista.
18 (2) The "south area cities" mean the cities of Coronado,
19 Imperial Beach, .(;hula Vi'strz, National City, Lemon Grove, El
20 Cajon, La Mesa, Santee, and Poway.
21
22 CHAPTER 2. GOVERNING BODY
~ I
24 170010. The interim executive director of the authority shall ~-+l"" 'f-~-~q L~,L~~ : s -t-'~~--
25 .,@(; the DiN.'€tsr 8f MrpoT¡-ep~e-p~nle-Rin---' "S e " ...: ,~-b ' r ?ck"'- ¿ {. ~
26 executive director shall undertake all regular and necessary !~: (~~'-----. ,,-f h tee+- c,'"
27 measures and decIsIOns for the efficIent operatIOn of the authority ¡ V. . iI-
28 untilJanuary6,2003. ~"f'I; 2CO(. I /"-'. "d"'.~.
29 /70012. (a) There shall be an interim board of the authority
30 to advise the interim executive directo~ to prepare and adopt the
31 transition plan required under Section 170062, and to oversee the
32 activities required pursuant to subdivisions (c), (cl). (e), and Ij) lH'iól¡,.ç::
33 Section 170048.
34 (b) The interim board shall be chaired by the interim executive ~
35 directo~
36 (c) The interim executive director shall appoint five members
37 to the interim board. The members shall be geographically
38 representative of San Diego County and shall be serving as elected
39 officials of, appointees to, or representatives of local, state, or
94
I
-7- AB 93
I federal governmental agencies or bodies, at the time of
2 appointment.
3 (d) Thefirst meeting of the interim board shall be on January
4 7, 2002, at a time and location to be determined by the chair.
5 Thereafter, the chair shall hold monthly public meetings of the
6 interim board.
7 (e) The interim board shall be dissolved on December 2, 2002.
8 170014. To assist the interim board and the interim executive
9 director on all matters related to the transition of San Diego
10 International Airport to the authority, a management advisory
II committee shall be appointed, with membership as follows:
12 (a) The general manager of the San Diego Metropolitan
13 Transit Development Board.
14 (b) The executive director of the San Diego Association of
15 Governments, a joint exercise of powers agency. .
16 (c) A representative of the port, appointed by the boardof (fe-!- -e""'c~,;-,""- c:1:r£c1t,-
17 dIrectors of the port. --- - -- ----- ------------ ---- C" I ' ~ ,--
18 170016. (a) The permanent board shall be established ~¡: + .j.l-x ,\è' -j-{, C' L 'i-,,¡~
19 pursuant to this section. The board shall consist of nine members, \ :-C-è r ì:c.:<:.,; ,c1-
20 with three members serving in an executive committee.
21 (b) The following three members shall comprise the executive
22 committee.
23 ( 1) A member of the public who shall be appointed by the Board
24 of Supervisors of the County of San Diego and shall be a resident
25 of an unincOlporated area of the county. The initial termfor this
26 member shall be two years. --
27 (2) A n;ember of the public who shall b~appointed by' the "~( (C~ ~ .- ",-.ùQ L '-
28 Governor, shall resIde 111 the County of San Diego. but not wlthm c, j
29 ~~~~ity of San Diego. The initial temzfor this mel1lbeJ~___... vV\ (C~¿::_::'D-' c [
30
31 -I -
(3) A member the public who shall be appointed by the Mayor +k ~.J......
32 of the City of San Diego and shall be confirmed by a majority vote I
33 of the San Diego City Council. The initial term for this member
34 shall be four years. ~
35 (c) The remaining six members of the board shall be asfollows: " \ J ' M \:, ~
36 (1) The Mayor of the City of San Diego, ora member of the c:iV CS-'-<-o.. e.>'~,~'--. L-,.JÌ'
37 public appnintf'n by-mc mayo~ The-inilial-iem¡fM-¡Jlis-=ber.. rYìa.tf"~ '1'0 be.. hò - <--'c- ¡¿-
38 ~ c..f..k ,,<-K .
39 (2) A member the public appointed by the Mayor of the City of
40 San Diego. The initial term for this member shall be two years.
94
I
AB 93 -8-
I (3) The mayor of the most populous city among the north area
2 cities. If that mayor declines to serve, he or she shall appoint a
3 member of the public who is a resident of one of north area cities.
4 The initial term for this member shall be two years.
5 (4) (A) If the member serving under paragraph (3) is a mayor,
6 then a member of the public selected by the mayors of the north
7 area cities from one of those cities.
8 (B) If the person serving under paragraph (3) is not a mayor,
9 then the mayors of the north area cities shall select a mayor or
10 council member of a north area city to serve as the memba
11 (C) The initial term for this member shall be four years.
12 (5) The mayor of the most populous city among the south area
13 cities. If that mayor declines to serve, he or she shall appoint a
14 member of the public who is a resident of one of south area cities.
15 The initial term for this member shall be six years.
16 (6) (A) If the member serving under paragraph (5) is a mayor,
17 then a member of the public selected by the mayors of the south
18 area cities from one of those cities.
19 (B) If the person serving under paragraph (5) is not a mayor,
20 then the mayors of the south area cities shall select a mayor or
21 council member of a south area city to serve as the memba
22 (C) The initial tennfor this member shall be four years.
23 (d) The initial chair shall be the person appointed to the board
24 pursuant to paragraph (2) of subdivision (b). Thereafter, the ::xX,-\; "-.-. ,-+ l..:.:, "
25 executive committee shall appoint the chair, who shall serve for tb:t= c~ ¿., Lt.", ì' ~ ~(v..)
26 --Bxt£'.l f)f Qis f)" lleT 1C!'m;-ttpe~m,!-pf.the-:lttIHJoardc ¿ ,- ~- -\-Q.~.'Ý' C,SO (L.(, .
27 (e) (1) Members appointed to the first board shall be r~\:;;.-' ,""{J"") ('cC1 ,~,ro' (..:f--;;"
28 appointed on or before October 3 /, 2002, and shall be seated as ¿ '. -+ff' .:Ç~LC. ~T<:"cJ.!t '!
29 the board on December 2, 2002. d--c Î )->'\(1 \:k Ci.. ~" ,-- f;c
30 (2) Any appointment not filled by the respective appointing -,' "cc,,'e --f\..'~ "",'~
31 authority on or before December /,.2002. shall be filled by JC-. ", - - Cc,' .Ç,,-vY" ,(,ccJ
32 appo.zntment by the G~vernor, consIstent with the. elzglbllzty "::c.Jj ~ T (ii:, ,-i
33 reqUlrementsoftlussectlonforthatmemberslupposltlon. ;:;1 +t"J.i u-.k.X ~CL. .
34 (f) (/) After the initial term, all terms shall be 4 years, except ~
35 as othelwise required under Subdivision (b) of Section /700/8.
36 (2) The expiration date of the term of office shall be the first
37 Monday in December in the year in which the term is to expire.
38 /700/8. (a) The appointing authority for a member whose
39 term has expired shall appoint that members successor for a full
40 term offour years.
94
I
-9- AB 93
I (b) The membership of any member serving on the board as a
2 result of holding another public office shall terminate when the
3 member ceases holding the other public office.
4 (c) Any vacancy in the membership of the board shall be filled
5 for the expired tenn by a person selected by appointing authority
6 for that position.
7 170020. A member may be removed only for cause and only
8 by his or her appointing authority.
9 170022. Any member may be reappointed to additional tenns.
10 170024. (a) Except for the members of the executive
11 committee, members shall be paid one hundred dollars ($100) per
12 regula~ special, or committee meetings, for not more than four
13 meetings per month.
14 (b) Members of the executive committee shall receive a salary
15 equal to the salary of superior court judge in the County of San
16 Diego.
17 (c) Members may be paidfor direct out-of-pocket expenses.
18 (d) The board shall adopt a compensation and reimbursement
19 policy within three months of being constituted.
20 170026. (a) The executive committee shall appoint the -,;.,.",,_-l
21 followingofficersoftheauthority~~,"òcl;",.... "ji. L
22 (1) Executive Directo~ -"
23 (2) General Counsel.
24 (3) Audito~
25 (b) The executive director shall appoint all other officers and
26 employees.
27
28 CHAPTER 3. POWERS AND DUTIES
29
30 170030. The authority has pe/petual succession and may
31 adopt a seal and alter it at its pleasure.
32 170032. The authority may sue and be sued in all actions and
33 proceedings, in all courts and tribunals of competent jurisdiction.
34 170034. All the provisions of Section 120242 are applicable ~
35 to the authority, and the authority may exercise those provisions
36 within its area of jurisdiction.
37 170038. The authority may take by grant, purchase, devise. or
38 lease or otherwise acquire and hold, real and personal property
39 outside its area of jurisdiction in order to further its purposes.
94
I
AB 93 -10-
I 170040. The authority may contract with any department or
2 agency of the United States, with any state or local governmental
3 agency, or with any person upon those terms and conditions that
4 the authority finds are in its best interests.
5 170042. The board may act only by ordinance or resolution.
6 A majority of the membership of the board shall constitute a
7 quorum for the transaction of business.
8 170044. Except as otherwise specifically provided to the
9 contrary in this chapte~ a recorded majority vote of the total
10 membership of the board of directors is required on each action.
11 170046. The authority shall maintain accounting records and
12 shall report accounting transactions in accordance with generally
13 accepted accounting principles as adopted by the Government
14 Accou/'!ting Standards Board (GASB) of the Financial Accounting
15 Foundation for both public reporting purposes andfor reporting
16 of activities to the Controlla
17 170048. (a) The authority shall have the exclusive
18 responsibility within its area of its jurisdiction to study, ~,and f \o..VI
19 ~ any improvements, expansion, C3, 'st. uetisl'!, or \L.""", ,,--ç.Ç>.+
20 enhancements ~heregionãrãžrpiTft sySteiiiof Sarïbiego County.
21 (b) The authority may commission planning, engineering,
22 economic, and other studies to provide infornzation to the boardfor
23 making decisions aboUt the location, design. management, and
24 other features of a future airport.
25 (c) The San Diego Association of Governments, or its
26 successor, shall include all airport system plans and facilities
27 selected by the authority in the regional transportation plan.
28 (d) (]) Not later than 60 days after the effective date of this
29 chapter, the San Diego Association of Governments and the port
30 shall transfer and assign to the authority all contracts in force for
31 studying possible sites for an airport, the economic viability and
32 impact of an airport, the environmental consequences of an
33 airport, public opinion or attitudes regarding an airport's
34 location, and any other contracts related to the location and ~
35 development of an airport in the County of San Diego.
36 (2) The contracts described in paragraph (]) shall include, but
37 need not be limited to, the contracts associated with the Joint
38 Aviation Advisory Committee.
39 (3) The transfer of contracts required under this subdivision
40 shall include the revenUe from state or federal grants, local funds,
94
I
-11- AB 93
I and other sources of revenue committed to funding the contracts
2 until their completion.
3 (e) The policy direction for the study described in subdivision
4 (d) shall become the responsibility of the authority. The authority
5 shall consider the concepts and ideas of the San Diego Association
6 of Governments, the port, and other entities, both public and
7 private.
8 (f) The authority may continue the Joint Aviation Advisory
9 Committee to assist in conducting the analyses for determining a
10 site for a new airport. " C.,. ;:c~~Iè.,"~
11 ,rg) Ðna, bifül~}ÙHdÐ,2æ3,¡f¡g(J thnrit;l,hnllrompl.e!eJhfL ~ ~-'j', +-",,-:..t- "1.,)
12 az/'P'" t site seled,uH ,ludy'b-egwrbythrlrnnt-A¡;WIUHI.Adllzsot:y- A~~c<, ,-","", ,r ~ ~." ~/ ,J< - '" <
13 ~tee. Clt~C'<'::' ... -rf.. '1",;. <, },:""'~p.
14, 170050. The authority shall be the only agency, public or S <L( c..eofl':-r-cJ.¡" -r-c-" ¿[",,-,'lL?
15 private, in the County of San Diego that is eligible to take.,.{ .çec.~ ~ :,.; ~ t-ièLY<f'
16 ownership of airports owned by the United States government and é; [œ.:::::. '- --Ð Vì€LJ (l.~
17 are declared surplus or are otherwise made available to state or -£)L;'~ -,-.."n CL"- f,>ï~ .
18 local governmental agencies. ' I
19 170052. The authority shall b,e responsible for developing all -'
20 aspects of airport facilities Uf:if#;.iil--j6i!ß"dté~ including, but
21 not limited to, all of the following:
22 (a) The location of terminals, hangers, aids to air navigation,
23 parking lots and structures, and all other facilities and services
24 necessary to serve passengers and other customers of the airport.
25 (b) Street and highway access and egress with the objective of
26 minimizing, to the extent practicable, traffic congestion on access
27 route~in theiiiciniD; of the airport.
28 (c) ffc~'eTðþtJ.r'ÎJUblic mass transportation access in
29 cooperation and coordination with the responsible public
30 transportation agency in whose jurisdiction the airport is located. - - J
31 (d) Analyzing and developingrpéísšenger rail accešš'Jn...,- ,:,t<~Ld-'l b"o;. ,"-y,
32 cooperatIOn wah an establzshed agency or organIzatIon -t~ -¡--¡O;-vv'", d ò,
33 experienced in r'Õperating that servIce, if the service-orthii -, "1'0"'0./.',, C ñC.."I
34 technology proposed for implementation is demonstrated to be in .. '- \,.., ;¡"" ~
35 regula~ scheduled revenue service and is demonstrated to be a
36 cost-effective investment when considering both direct and
37 indirect benefits. If that service is proven feasible, the authority
38 shall endeavor to maximize the convenience of its patrons by
39 incorporating the service into the design of its terminals.
94
I
AB 93 -12-
I 170054. (a) The authority shallform an advisory committee
2 to assist it in peljorm}!;g its responsibilities related to.tlll!.l!l..a'!!1~ng cJC ( ,
3 and development oj-aIrport facIlItIes for the County of San Dlego,,---- - '" cí,^L"' 1 -tl",,- c,-~..- ...':+-
4 In selecting members for the committee, the aulhority shall include '" C ~.::sc \" - '~,c
5 persons knowledgeable about airport management, passenger C,c:\--o c" 1< ':--"'. ~-~,- c- J c~ ~
6 andfreight air transportation operations and economics, general c+ ~ l.- ." ¡.,.J1 <5.t-<c~c t.,,~¡.
7 aviation, the natural environment, regional economic è-Ç Ù", ~
8 development, business, including the technology sector of Ihe
9 economy.
10 (b) To the extent feasible, the advisory committee shall include
11 representatives from the Department of Transportation, local
12 public transit authorities. local governments, the campuses of the
13 University of California and the California Sta~ University in the
14 region, the United States Department of JìR¡ .~ and other
15 groups and residents of San Diego County.
16 (c) When forming the advisory committee, the authority shall
17 make its selections for membership from individuals representing
18 all elements of the County of San Diego.
19 170056. The port shall transfer the title and ownership of the
20 San Diego International Airport to the authority. The transfer
21 shall be consistent with the transition plan required under Section
22 170062 and shall include, but need not be limited to, all of the
23 following:
24 (a) All real and personal property, including, but not limited to,
25 all terminals, runways, taxiways, aprons, hangers. aids to air
26 navigation, emergency vehicles or facilities. parking facilities for
27 passengers and employees, and buildings and facilities used to
28 operate, maintain, and manage the airport.
29 (b) All contracts with airport tenants. concessionaires,
30 leaseholders, and others.
31 -k:) ,',IZ fucililiesfor purposes of providin,g r<mtal-<;a~-services to
32 the - p a!t s eng~t hfratrprJ rt ,~i nG Iud ing-;-/Jttt--n:(jf-limite d-lo.-J;Ll.I.
33 offtite st~Fa8R J4;¡ciFtip, ;¡nd oJhør f.adli'iel' pr_ided-by-+he--port
34 t~pu, I lid: ,eNtal of automobiles.. ~
35 CJ,tf) All financial obligations secured by revenues and fees
36 generated from the operations of the airport, including, but not
37 limited to, bonded indebtedness associated with the airport.
38 J (.éj Allfinancial reserves, including, but not limited to, sinking
39 funds and other credits.
94
I
- 13- AB 93
I GJfT All office equipment, including, but not limited to,
2 computers, records and files, software required for financial
3 management, personnel management, and accounting and
4 inventory systems.
5 170058. The Fflrt r~a/llu .E;cfJÐNcible :-8. li,e dell/'! up aNd
6 r~1'I- Qf all tœâc malcrialJ ð/I or tmdCl the Stl~ ~ f,
7 lJiegQ Int8rnati(Jf'l{l1 ,1irport.. S ~ «... 1Ä\'Y1(' ",d Wtt'V\7- 31
8 170060. The authority shall be the trustee of the tidelands on
9 which San Diego 1nternational Airport is located.
10 170062. (a) Under the leadership of the interim board, a
11 transition plan shall be developed to facilitate the transfer of the
12 San Diego 1nternational Airport to the authority. To facilitate the
13 preparation of a transition plan, the authority and the port may
14 jointly commission a certified audit to determine the financial
15 condition of the San Diego International Airport, including, but
16 not limited to, the obligations of the airport and the reasonableness
17 of the overhead charges being paid by the airport to the port.
18 (b) The port shall cooperate in every way to facilitate the
19 transfer of the San Diego International Airport to the authority.
20 (c) In the preparation of the transition plan, priority shall be
21 given to ensuring continuity in the programs. services, and
22 activities of the San Diego International Airport.
23 (d) The transfer of the San Diego International AÌiport to the -- D ¿i<'.~l.;-
24 authority shall be completed on or before .Qdv~o, J:, ¿UUL. z.. ,
25 (e) The transfer may not in any way impair any contracts with
26 vendors, tenants, employees, or other parties..___-
27 170064. (a) The port shall loan the ãiiiFl¡;;:¡ty the sum of one -- h,,-""" .-€ lIe.""t...s ...,
28 million dollars ($1,000,000) for the fIrst year of' operation of the f~¿:..e;-V€ c,-¿'-è~~té, G7¡-"~--'?<bl<
29 authority. The authority shall repay this loan with interest on or ¡-.,., CL.- f>'ç~ ¿ r,<-¡-' "c,Sj r1-u...
30 before January I, 2008. The interest rate on the loan may be no
31 greater than the discount rate established by the United States
32 Federal Reserve Bank as of December 31, 2001.
33 (b) The authority may raise revenues to jimd all of its activities,
34 operations, and investments consistent with its purposes. The ~
35 sources of revenue available to the authority may include, but are
36 not limited to, imposing fees, rents, or other chargesfor facilities,
37 services, the repayment of bonded indebtedness, and other
38 expenditures consistent with the purposes of the authority.
94
I
AB 93 -14-
I (c) To the extent practicable, the authority shall endeavor to
2 maximize the revenues generatedfrom enterprises located on the
3 property of the authority.
4 (d) The authority may receive state and federal grants for
5 purposes of planning, constructing, and operating an airport and
6 for providing ground access to the airport.
7 170066. (a) The authority is the onlv af!enry in thp rnunty.IJL..." - f""'d"J;;. ~
8 San Diego authorized to receive-sfãte grants for the purposes of ----
9 planning, constructing, or making other improvements to a
10 civilian airport.
11 (b) The authority is the only agency authorized in the County
12 of San Diego to receive grants from the federal government,
13 including, but not limited to, the Federal Aviation Administration,
14 for purposes of planning, constructing, or making other
15 improvements to a civilian airport.
16 (c) The authority shall cooperate with all other airports in the
17 county to further the development of a countywide aviation system.
18 To this end. the authority shall faciliraieJ.he_pas~througb.2Lstate -- ~C: '+-\ACC-"'- ckAL.Jh Lv1
19 and federal grantsio local airport operators. if those grants are £:
20 for purposes that are consistent with the aviation element of the ,~'.' c_-,'1 (f'-T
21 regional transportation plan or with an adopted program of c:' <cc,-c.~d ~c.-r-~
22 projects. ~...;;{ -"" ,(. 'tl\c.)-
23 170068. The authority mayacceptthe transfer of ownership ¡-'. e --'I' \,
24 ~ofotherpubliclyownedairportsintheCountyofSanDiego.Any.jcc':;' t-"'i"ðLC Ci L--
25 transfer shall include the preparation of a transition plan to ensure \ \
26 the orderly transfer of assets and obligations. In accepting a
27 transfer, the authority may assume no financial obligations other
28 than those associated with the operation of rhe airport being
29 transferred.
30 170070. (a) The authority may issue bonds, payable from
31 revenue of any facility or enterprise operated. acquired, or
32 constructed by rhe authority, in rhe I1wnner provided by the
33 Revenue Bond Law of 1941 (Chapter 6 (commencing wirh Section
34 54300) of Part 1 of Division 2 ofTztle 5 of the Governmenr Code). ~
3S (b) The authority is a local agency wirhin the meaning of rhe
36 Revenue Bond Law of 1941. For all the purposes of this article, the
37 rerm "enterprise," as used in the Revenue Bond Law of 1941,
38 includes the airport system or any or all facilities and all additions
39 and improvements that the authority s governing board authorizes
40 to be acquired or constructed.
94
I
'-~_--~__L-=
-15- AB 93
I (c) Nothing in this section prohibits the authority from availing
2 itself of any procedure provided in this chapter for the issuance of
3 bonds of any type or character for any of the authorized airport
4 facilities. All bond proceedings may be carried on simultaneously
5 or, in the alternative, as the authority may determine.
6 170072. The authority may levy special benefit assessments
7 consistent with the requirements of Article XIII D of the California
8 Constitution to finance capital improvements, including, but not
9 limited to, special benefit assessments levied pursuant to any of the
10 following:
11 (a) The Improvement Act of I9II (Division 7 (commencing
12 with Section 5000) of the Streets and Highways Code).
13 (b) The Improvement Bond Act of 1915 (Division 15
14 (commencing with Section 8500) of the Streets and Highways
15 Code).
16 (c) The Municipal Improvement Act of 1913 (Division 12
17 (commencing with Section /0000) of the Streets and Highways
18 Code).
19 (d) The Landscaping and Lighting Act of 1972 (Part 2
20 (commencing with Section 22500) of Division 15 of the Streets and
21 Highways Code).
22 (e) Chapter I (commencing with Section 99000) of Part II of
23 Division /0 of the Public Utilities Code, if the authority
24 participates in the development of rail access to an airport.
25 170074. The authority may borrow money in accordance with
26 Article 7 (commencing with Section 53820) of, Article 7.6
27 (commencing with Section 53850) of, or Article 7.7 (commencing
28 with Section 53859) of, Chapter 4 of Part I of Division 2 of Title
29 5 of the Government Code.
30 170076. (a) The authority may borrow money in anticipation
31 of the sale of any bonds that have been authorized to be issued, but
32 have not been sold and delivered, and may issue negotiable bond
33 anticipation notes therefor, and may renew the bond anticipation
34 notes from time to time, but the maximum maturity of any bond ~
35 anticipation notes, including the renewals thereof, may not exceed
36 five years from the date of delivery of the original bond
37 anticipation notes. The bond anticipation notes may be paidfrom
38 any money of the authority available therefor and not otherwise
39 pledged.
94
I
AB 93 - i6-
I (b) If not previously otherwise paid, the bond anticipation
2 notes shall be paidfrom the proceeds of the next sale of the bonds
3 of the authority in anticipation of which they were issued. The bond
4 anticipation notes I11flY not be issued in any amount in excess of the
5 aggregate amount of bonds that the authority has been authorized
6 to issue, less the amount of any bonds of the authorized issue
7 previously sold, and also less the amount of other bond
8 anticipation notes therefore issued and then outstanding. The bond
9 anticipation notes shall be issued and sold in the same manner as
10 the bonds. The bond anticipation notes and the resolution or
11 resolutions authorizing them may contain any provisions,
12 conditions, or limitations that a resolution of the authority
13 authorizing the issuance of bonds may contain.
14 170078. The authority may bring an action to determine the
15 validity of any of its bonds, equipment trust certificates, warrants,
16 notes, or other evidences of indebtedness pursuant to Chapter 9
17 (commencing with Section 860) of Title 10 of Part 2 of the Code
18 of Civil Procedure.
19 170080. All bonds or other evidences of indebtedness issued
20 by the authority under this chapte~ and the interest thereon, are
21 free and exempt from all taxation within the srate. except for
22 transfe~ franchise, inheritance, and estate taxes.
23 170082. (a) Notwithstanding any other provisions of this
24 division or any other law, the provisions of all ordinances,
25 resolutions, and other proceedings in the issuance by the authority
26 of any bonds, bonds with a pledge of revenues, bonds for
27 improvement districts, revenue bonds, equipment trust certificates,
28 notes, or any and all evidences of indebtedness or liability
29 constitute a contract between the authority and the holders of the
30 bonds, equipment trust certificates, notes, or evidences of
31 indebtedness or liability, and the provisions thereof are
32 enforceable against the authority or any or all of its successors or
33 assigns, by mandamus or any other appropriate suit, action, or
34 proceeding in law or in equity in any court of competent ~
35 jurisdiction.
36 (b) Nothing in this division or in any other law shall be held to
37 relieve the authority or the territory included within it from any
38 bonded or other debt or liability contracted by the authority.
39 (c) Upon dissolution of the authority or upon withdrawal of
40 territory therefrom, that territory formerly included within the
94
I
-J.7- AB 93
I authority, or withdrawn therefrom, shall continue to be liable for
2 the payment of all bonded and other indebtedness or liabilities
3 outstanding at the time of the dissolution or withdrawal as if the
4 authority had not been so dissolved or the territory withdrawn
5 therefrom, and it shall be the duty of the successors or assigns to
6 provide for the payment of the bonded and other indebtedness and
7 liabilities.
8 (d) Except as may be otherwise provided in the proceedings for
9 the authorization, issuance, and sale of any revenue bonds, bonds
10 secured by a pledge of revenues, or bonds for improvement districts
11 secured by a pledge of revenues, revenues of any kind or nature
12 derived from any revenue-producing improvements, works,
13 facilities, or property owned, operated, or controlled by the
14 authority shall be pledged, charged. assigned. and have a lien
15 thereon for the payment of the bonds as long as they are
16 outstanding, regardless of any change in ownership, operation, or
17 control of the revenue-producing improvements, works, facilities,
18 or property and it shall, in any later event or events. be the duty of
19 the successors or assigns to continue to maintain and operate the
20 revenue-producing improvements, works, facilities. or property as
21 long as bonds are outstanding.
22
23 C fI1\-f'ff-H-4--R:~ ¡> E1tf;-1rN1T &~N----
24 (61)-Fhis div;o;un may b~ '~j/eal-ed-tfflti-~h~ 0 ,....-
-:::0"""
25 /7nmn Cc '^^ e, '\.{L¡"""ð 37-
26 "1>')' he dissulv~d pu, ouuw lu u o'ULul~ that CFeatBs a regional
2:¡ agcfl"y cu"ouiiu'ullng some or all oj lÌL~ ,egianel p'gQni"lg n"r/
2-8- "'gnrpovtgrioQj¡lRaie,IJ uflucul ul5~"cico, ;"dtLJilLl; LÌì~fu"ctions
29 of tt,~. éíuthurity.
30 (h I Tho gutrurity shall be disstJl ,cd 811 ¡he Clwrt"wnt dntP nf-a..
11---&tlttde u'eou ;b~J in otLbdivl:SlOn (d), awl ull-of-¡he-fwrctiorrs-,
32 liabilities, IcspoflJibi-h¡ie;f;-dutiBs o"r/ pnwer5-o¡:-th~
3~c t, aHsfo Ie';' LV ¡}l~ newly created regwflal agency u" that
~ ~
35 SEe. 4. Section 4 of the San Diego Unified Port District Act
36 (Chapter 67 of the Statutes of 1962. First Extraordinary Session),
37 as amended by Section 1 of Chapter 399 of the Statutes of 1996,
38 is amended to read:
39 Sec. 4. (a) A port district for the acquisition, construction,
40 maintenance, operation, development and regulation of harbor
94
I
",-
-"~----
AB 93 - ~8-
I works and improvements, including rail; and water, aflt! air
2 teflniHal faeilities, for the development, operation, maintenance,
3 control, regulation, and management of the harbor of San Diego
4 upon the tidelands and lands lying under the inland navigable
5 waters of San Diego Bay, and for the promotion of commerce,
6 navigation, fisheries, and recreation thereon, may be established
7 or organized and governed as provided in this act and it may
8 exercise the powers expressly granted herein.
9 (b) Subject to Section 87 and any other provision of applicable
10 law, the district may use the powers and authority granted pursuant
11 to this section to protect, preserve, and enhance all of the
12 following:
13 (I) The physical access to the bay.
14 (2) The natural resources of the bay, including plant and animal
15 life.
16 (3) The quality of water in the bay.
17 (c) Notwithstanding any other provision oflaw, the powers and
18 authority specified in this section are to be used only as necessary
19 or incident to the development and operation of a port and shall not
20 apply to public utilities operated under the jurisdiCtiO~~ . -
21 Public Utilities Comtnission of the State of California. e}' 11",,", SCe f-o '- v, :;;.
22 SEc..ff.Lf Section5"ofthe San Diego Unified Port DisÌrictAct ~L~""- c:' -"-1:- ",'L
23 (Chapter 67 of the Statutes of 1962, First Extraordinary Session), - - -- -Lj 0113 ~~.~, - ¿
24 as amended by SectIOn 1.5 of Chapter 399 of the Statutes of 1996, L " J
25 is amended to read: Z- t'..-~u è
26 Sec. 5. (a) The area within the district shall include all of the
27 corporate area of each of the cities of San Diego, Chula Vista,
28 Coronado, National City, and Imperial Beach which establish the
29 district as provided in this act, and any unincorporated territory in
30 the County of San Diego contiguous thereto, which is
31 economically linked to the development and operation of San
32 Diego Bay, included in the district by the board of supervisors of
33 the county as provided in this act. The regulatory, taxing, and
34 police power jurisdiction of the district, as otherwise provided for ~
35 in this act, shall apply to the above-described area.
36 (b) In addition to the powers and authority described in
37 subdivision (a), the district shall exercise its land management
38 authority and powers over the following areas:
39 (I) The tidelands and submerged lands granted to the district
40 pursuant to this act or any other act of the Legislature.
94
I
- ~9- AB 93
I (2) ¡"HY airpsrt. ef airpert.s He-... Sf fiereafter e Nile!'! aHá
2 operffi:ecl B} allY ef the aes Ie Ham.ecl eities that establish tHe
3 distriet, er SaH Die"e CeHflt), aHá tftffi: ..ere eoH,eyed te the
4 distriet B} SHea a eit} er eities er SaH Diego COHHty.
5 f3t-Any other lands conveyed to the district by any city or the
6 County of San Diego-.
7 (1) l.H} ether lallàs er iHterest iH laflds or acquired by the
8 district in furtherance of the district's powers and purposes as
9 provided in Section 87. ( - '
10 &He (j ^'~t1"it¡ .S:tauding Section-Rfrtfh¡f-th~mment-- ,C) I~; s S <?c 'he""
Il-Gede.i.f-+he--Gernmi5-5~e-.Manda~~ k l' r... " 'y
12 act rnJ'/tniJ'/5-~t..;e, "BimOO/Je1lltmt tv lueul ~ c. cJe"-<..-v,",-
13 tifíJBudBS am] $chtJðl diJtriers fm t:,uo~ WH, ,hall be made- 0 Oerc-=h ~ c"'"
14 mJrwnnttePart7(c()/1IIIlellcing ..ith-5eetiu,,]7500)ufDi,iJion " ~
1~~of1fte-Gøttt:ffL1fL~fLt CuJé. If the o,w~wi<k euol ().f#Je Wece"", r Z) Zr.."[) 2..
16 ¡:]¡;¡iw for reir"l/mrSBment flees II,,! CXCC{]d---ø+~
\..1 ('I> I nnn nno), l'Cimbur scmcnt $hall be ",tldc f1rJ'lI the Slate
13--MantittH!8_Clnimr P,m-d. ' ~
19 addedwPart.8ofDi,isieH2Ioftlie\YaterCede,toreaà: No .-e..,,^'-,'-':~~cv\.o1é'-d-
20 ,'~ y-¿C;L"v'<'C\ 1:;-,/
21 ClI.IPTCR 6. ~¡ORTlI Sa;; Jo:.QU ¡; 'V,ITeR CO:;SCR';,;TlO¡; r I
22 ~ i- ~'ì\'S ú'é.¡- \f¡~'-"'~'C'~ i-
n r
24 75180. (a) The ;-'¡er-th San Joaql:lÜ¡ Water CeHseBatioH t-o <;ec.~c'v\ (:, ¿,\-
25 District, ia additieH te its ether pe" erg, liB) le..y l.:;sessmeHts as A ~ ç:
26 fJrovlàeà1!ltfilsehafJter. í.,..,',--l.... XIII Iv ¡o.
27 (B) "Distr-iet," fer the 9Hl'f!ese3 oftfiis ekli]3ter is the Þ¡ef'tli SaH . I C [ r.
28 Joaf HiH 'Vater CongeI' atien District. T"^ e.. <- , ~,- /1, c-.....
29 75180.5. (a) OHerBeFeFetl1e30thdayofJl:llìesfeaeh)ear, Î. ,..
30 alìà eeHsisteat .. ita J\.-tiele 1.6 (coffiffieHeilì" "itfi Sætiea 53750) L Dv', "ò., 1'> tLc t;¡ c ý\ 1.oê.L4-U é.",
31 ofCfiapter.1ofPaFtlefDi,isioH2efTitle50ftheCe,efHffielìt CL \CLC~\ ecq,¿J.-o,(L.[
32 Ceàe, the dls£nct me), 191 resehmen ef!he Beard, Ie..) fl3sessmen!5 I,j \ ' If'
33 sllffieieat te meet aHd pal tI1e estimated eJl gellses illld oBligatÎeHs, 0 ;-- '::oL \,'ù iJ I c: I ":. t í \ C. t-
34 iHell:làiH;; a reasoHable resene f{)r eentiH"eaeies, fer áelivef) ef I lr' ~
35 sl:lrfaee" ater bl the dis!riet. No assessmeat shall be impeseE! OH hú. S -t IAL CLL--T- ../..);, ~ tD
36 allY pareelthat eJleeeàs the reaseHaBle eost ef tke preper-tieHal I <-<è.~\/ 'cr¿ cho-rGJç..'o,
37 speeial BeHefit eeHrerreà eH that paree!. III lie e, ent sfiall the e. V y "". I I I
38 assessm.el1t eJleeed fne àellars ($5) per acre, or pernen of!l!l aere, eee-::, Dr- c,,-'.ê.'.ê. ,,-5.-:' VY'Evo.Ý;.
39 ell" fiicfi sl:lrfaee water er grollHà.. ater is apfJlied. 1-- , ~,
~L" .ç~c, f'v' I- +c e eLV!
cß. +~ (') f'ò Cf ,- Ct V¥\ (j ,-
94 f- \
\e...Ve..\ Di- $~e,-LJ.'cx....
I
'/Y\Lh,Jc~cŸ \.:;j -¡-\-".:, oÐ-J
l~',+\"/, -t\",-- yY\LG\.v",,_,,'] <.¡
~, .- 1'1<:":;(, ¿,~ - +L\~
'"~ "- c 'i . eY,
e::::... L V <è.... fV' e f\ \- é L' J f¿
AB 93 -_0-
I (b) Tile aSSeSSffi:eRts àeseribeà iH 3ara¡;faph (a) shan Rot be
2 iffifJosed OH Eli) pasære laHà er ether laRd OH v.hieh Heither
3 gre1iRà " ater Her s1ifface :. ater is fl 3plieEl.
4 75181. (a) The distriet æa), B) fCsohltioH of the BearE!.
5 prQ', iàe a preeeàere fer flHd eelleet the assessæeHts B) .. a) ef the
6 taX bills Bf tho eBI:IRty iH \. fliell 1:IIe àistriet is leeateà. The
7 assessæeHts sha:!! appear as a separate iteæ OH tfie ta¡¡ bill, sflaH be
8 eolleeteE! at the same liæe aH" iH the same ffi"""er as COtlRt) ad
9 . a:!eroæ pre port) ta¡¡es are eelleeteà, flHà sflall be stlbjeet te tlie
10 Sflffie peflallies flHà the sflffie proeedtlfe aREI sale iH ease ef
II àeliRt 1ieHe) as pre, iàeà fer these taJtes.
12 (B) The district SflaH, eH er befere .^.tIotist lef eacfl ) ear, eer!ify
13 te the eetlHt) al:làiter the assessæeHts te Be eollceteà. Tfle eetlHt)
14 æa) àeàtlct froæ the re, eRtie so eelleeteà f-or the àistriet aH
15 apprepriate flffietlHt fer the bi:HiH;; aHd eolleeti6f1 ser. ices pre, iàeE!
16 te the àistriet.
17 75181.5. .^.RY asseS5æeHts effeHeetlsl) ffi"de b) reaseH Bf
18 iBad. erteflce ef elerieal ffiÏs!ftlœ æa) be refuflàeà ¡,¡pon order ef the
19 boarà at aR) limc after pa) meHt thefeef.
20 SEe. 2. J'Jet..ithstaBdiHg SeetieH 17610 of tlie Ce.emmeHt
21 Code, if tfle CemfHissioH en State MaHdates d¿:termi"es tflat tflis
22 aet eefltaiHs costs maHàateEi b) the state, reifl1Èmrsemefit t6 leeal
23 agefleies aFlà sehool distrieffi fer those easts sRali ÞG made ptlf3t1fiftt
24 to Part 7 (ee/lliReReiflg with Seetiefl 17500) of Di, isiefl 1 of TItle
25 :2 ef the Ce . emment Celie. If the state\.. iàe 6est of the elailH fer
26 reifHBtlrsefHeflt dees Het eKeeed ORe milliefi àollars ($1,000,000),
27 reiæbtlr3effieHt shall be ffiaàe from the State Mafldates ClaifHs
28 FttOO-.
~
0
94
I
,09/07/01 ,ll:J1 'ð"916 447 3447 d
uoru.'U" ""'U" r.U 010 "10 nTð Assën5t~a~ð~'Ãíu/'{¡~i'1'lE 'fijOOZ/OO9
-------- ------ 141001
A-t\c..c..\......e....+- 2-
09/06/01 6:49 PK
22516 RN0121902 ~AGE 1
substantive
AMENDMENTS TO ASSEMBLY BILL NO. 93
AS AMENDED IN SENATE AUGUST 29,2001
Amendment 1
Below line 1 of the heading insert:
(coauthors: Assembly Members Kehoe and Vargas)
(Principal coauthor: Senator Peace)
(Coauthor: Senator Alpert)
Amendment 2
strike out lines 2 and 3 of the title and insert:
An act to add Section 21670.3 to, and
Amendment 3
On page 3, strike out lines 2 to 19, inclusive, in line
20, strike out "SEC. 2." and insert:
SECTION 1.
Amendment 4
On page 4, line 8, strike out "SEC. 3." and insert:
SEC. 2.
Amendment 5
On page 5, below line 38, insert:
(g) 11'1 an effort to assure the continued military
readiness of the United States Department of Defense (DOD), ~
comprehensive airport planning must consider and protect military
airspace needs in the San Diego region. The activities of the DOD
in the San Diego region require mission-essential air space for
training and operations. 11'1 addition, the DOD has direct economic
expenditures in San Diego county of nearly $10 billion annually, and
represents over 376,000 residents of the region. For these reasons, N
the DOD is a major stakeholder in the region's comprehensive plans ~
for a viable airport solution.
Amendment 6 --
On page 6, line 16, strike out "oceanside," ~
=
::=i
~
,;;;
"""
~
æ;;;§
~
09,Oi¡01 11:31 'U9i6 44i J44i Advoeat:ion Ine
09/06/01 ZJ: OJ F.\X 916 319 niB ASSEMBLYMAN HOII'AF.D WAYNE lf1I 00"' 00"
- -- -,--' - .-- --' --- -- rg¡ 00 2
09/06/01 6:49 PM
22816 RN0121902 PAGE 2
Substantive
Amenè.Inen t 7
On page 6, line 19, strike out "chula Vista,"
JUnenè.Inent 8
On page 6, strike out line 25 anà insert:
be the person who is the Senior Director of Aviation of the port on
September 1, 2001. The interim
JUnendment 9
On page 6, line 32, strike out "and" and insert:
of
Amendment 1 a
On page 7, line 16, after "(c)" insert:
The executive director of the North San Diego County Transit
Distr ict.
(d)
Amendment 11
On page 7, line 28, after "Governor" insert:
and confirmed by the Senate
JUnendment 12 ~
On page 7, line 29, after "member" insert:
, upon confirmation of the Senate,
AInendl\lent 13
On page 7, strike out lines 37 and 38 anà insert:
city council àesignated by the Mayor to be his or her alternate.
Amendment 14
On page 8, line 25, strike out the second "the" strike
out line 26 and insert:
a two-year portion of his or her term as a board member, upon
U", QUO" HeU" "'""0"" U..., A.UV ~
09/06/01 23: 04 FAX 916 319 2178 ASSEMBL~"Hð~:.:.Rr, ";~YNE ","00",00.
---------- --- - ~OOJ
09/06/01 6:49 PM
22816 RNO121902 PAGE 3
substantive
confirmation of the full board. A chair may be appointed to
consecutive terms, subject to confirmation of the full board.
Amendment 15
On page 9, line 21, after "authority" insert:
subject to confirmation of the poard
Amendment 16
On page 10, lines 18 and 19, strike out ", plan, and
execute" and insert:
and plan
Amendment 17
On page 10, line 19, strike out "construction,"
Amendment 18
On page 10, line 20, strike out "to" and insert;
that affect
Amendment 19
On page 11, strike out lines 11 to 13, inclusive, and
insert:
(g) The authority, the San Diego Association of ~
Governments, local agencies, and the Department of Transportation
shall cooperate to develop effective surface transportation access
to new and existing airports.
Amendment 20
On page 11, line 20, strike out "under its jurisdiction"
and insert:
that it operates
Amendment 21
On page 11, line 28, strike out "Developing" and insert:
Providing for
Amendment 22
u,~~~n~Ol"J,~*;;t, ,~';"~i~ l.i~.J'" , "U>UL~C.UU. .UL.
~I!L""'~~A~ iÍi\oo:î UU"
---.--------
OS/06/01 6:49 PM.
22816 RN0121S02 PAGE 4
Sub:;;tantive
On page 11, line 31, after "developing" insert:
intercity bus and
Amendment 23
On page 11, line 31, after "access" insert:
to terminals
Amendment 24
On page 1', line 33, after "in" insert:
de'leloping and
AInendment 25
On page 12, line 3, after the first "of" insert:
all
Amendment 26
On page , 2, line 3, after "Diego" insert:
, inclUding the airport aeti9ities and operations of the united
States Department of Defense
Amendment 27
On page 12, line , 4, strike out "the Navy" and insert: ~
Defen:se
Amendment 28
On page 12, strike out lines 31 to 34, inelusige, in line
35, strike out "(d)" and insert:
(e)
Amendment 29
on page , 2, line 38, strike out "(e)" and insert:
(d)
Amendment 30
09.'OTIOl 11:"" '0'910"
03106/01 ZJ:04 F_-\.X 916 J19 Zi~5J'" SS AùvoeaUOll. !fie. L¡1jOOO.OO9
---- -- ~~~..M-YNE \¡¡J 005
09/06/01 6:49 PM
22816 RN0121902 PAGE 5
substantive
On page 13, line 1, strike out "(f)" and insert:
(e)
Amendment 31
On page 13, strike out lines 5 to 9, inclusive, and
insert:
170058. property that is adjacent to the San Diego
International Airport, is o~ned by the por~, and is commonly
referred to as the "General Dynamics property" shall continue ~o be
operated by the port as a parking facility.
170058.5. If the authority is required to acquire the
"General Dynamics Property" described in Section 170058 as part of
an adopted airport expansion plan, the value of the property for
purposes of that acquisition shall be set at the fair market value
that the property holds on June 30,2001, plus an adjustment for
inflation.
170059. The port, in consultation with the authority,
may relocate parking facilities. However, the port may not take any
action to diminish the amount of parking available at the San Diego
International Airport without the concurrence of the authority.
170060. The authority shall be the trustee of any public
lands and other assets transferred from the port to the authority.
The authority shall hold and administer those lands and assets
pursuant to the terms and conditions set forth in the San Diego Port
District Act for the purposes of operating airport facilities. The
trusteeship of those lands and assets shall revert to the port on
the date that airport operations cease on those lands.
~
Amendment 32
On page 13, line 24, strike out "or before October 31"
and insert:
December 2
Amendment 33
On page 13, line 27, strike out "The" and insert:
From revenueS in reserve accounts attributable to airport
operations, the
Amendment 34
On page 14, line S, after "receive" insert:
U"~~~~~~Ul"J:~~;~;;'.I. H-~-~i~ 11',.""'" ...~'U~dUUU. w~.
- --- - - - _~"""'" "U~IUW ~AI"" i1i:i ~~;, Uv J
09/06/01 6:49 PM
228.16 RNO121902 PAGE 6
substanti"e
proceeds from
Amendment 35
On page 1 4, line 12, after "receive" insert:
proceeds from
AInendment 36
On page 14, line 19, after the first "grants" insert:
, without deduction for any cost associated with processing that
pass-through,
AInendment 37
On page 17, strike out lines 23 to 34, inclusive, in line
35, strike out "SEC. 4." and insert:.
170084. The authority shall assume and be bound by the
terms and conditions of employment set forth in any collective
bargaining agreement between the port and any labor organization
affected by the creation of the authority, as well as the duties,
obligations, and liabilities arising from, or relating to, labor
obligations imposed by state or federal law upon the port. The
employees of the port affected by this division shall become
employees of the authority and shall suffer no loss of employment or
reduction in wages, health and welfare benefits, seniority,
retirement benefits or contributions made to retirement plans, or
any other term of condition of employment as a result of the
enactment of this division.
SEC. 3. ...
Amendment 38
On page 1 S, between lines 21 and 22 insert:
(d) This section shall become operative on December 2,
2002.
Amendment 39
On page 18, line 22, strike out "SEC. 5." and insert:
SEC. 4.
Amenèment 40
On page 19, strike out lines 10 to 18, inclusive, and
insert:
(C) This section shall become operative on December 2,
- _u,:~o:~~~", ~~'~:..u~~~~ ~1:o"':'- ~o~~;;'~"~~:;:ù,c .¿;~~: OoJ
09/06/01 6:49 FM
228.16 RNO121902 PAGE 7
Substantio¡¡e
2002.
SEC. S. NO reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient
to pay for the prosram or leo¡¡el of service mandated by this act,
within the meanins of Section 17556 of the Government Code.
- 0 -
~
--.-- .. --..~~~~_C~..
09/05/0~ 4UM. J!l1Llll.. 2178 ASSIDIBLYJIAN HOWARD WAYNE IiII 002/002
. .
Amendmenbl to AS 93
The following amendments wi! be offtlred In the Senate Appropriation, Commlttlle:
1. The participation of the Department of Defens. In the activities of the Authority Is
assured.
2. Clarification of the tit!. of the Director of Aviation for Undbergh Reid.
3. The Mayor of San Diego may appoint a council member IUI an altemate.
'~" ~Peclfl8S that the initial chair of the Authorfly BhaD be.the govemo'~. .PPol~te~.
5. The8\ l'8ement between the Port and the City of San Diego on the UN of rental
car I1iIYIItIUe8 for the convention center wnl not be ohanged.
6. The cle8n-up of toxla¡ at Lindbergh FIeld will be the responsibility of the
Authority.
7. Property transferred to the Authority Is Nmtted to Lindbergh Reid end doe. not
include property used for hotels or for p8r1óng rental cars.
8- PropertY adjacent to lindbergh field referred to 88 the Geñenll Dynamic property
will continue to be owned by !he Port and U$ed for Parking.
9. The Al.Ithorily becomes trustee of tidelands on which Lindbergh Field Is located.
(language pr¡ovlded by !he Slate Lands Commission,
10. Adds the exeçUt ye director of North County transit District to the mlilnagement
advisory com{"lttee.
11. Requires that tne Authoñty. SANDAG. local agencIes and Celtrans cooperate an
transportation planning. espeClaUy as related to .Irport BOO8$S.
12. Removes a !Sue date for the regional airport syttem plan compleQol1 and allows
\he Authority'e governing board to set thlil dats.
13. CJatlfles transit access language. (Request by the San Diego Metropolitan
Transit Development Board)
14. Adds olarlflcatlon language VÌli-A-v1& betwøen the Authority and general al/kltlon
airports operated by local gowmlTltlnts In the county.
'5. Rom- dissolution language from the bRl.
16. Removes Sedion 1 of the bin pertaining to the definition of s local agency.
17. SeGUcJnS 21681.6 and 216e1.6 C!f.the Aeronautlca Aatwtll DSII be amended Into
the bBl.
.. ',','-,'.'
. "'.
.; -;""" .:" ,. .: ,. .-:< . ".., " . '.
___n~~~~~- ~ -------~-----------
INFORMA TION MEMORANDUM
September 6. 200 I
TO: The Honorable Mayor and City Council
VIA: David D. Rowlan1fd. Jr., City Manager
FROM: Colleen M. Kelly. Intergovernmental Affairs coordinator~
SUBJECT: AB 93 (Wayne) San Diego County Regional Airport Authority
The purpose of this memo is to provide the Mayor and City Council with a brief summary of the
proposal to create a regional airport authority for San Diego County. This proposal was unveiled
August 29 as AB 93 (Wayne). If signed into law it will separate the administration and operation
of Lindbergh Field from the San Diego Unified Port District and transfer it to a new authority.
This new authority will also be given the responsibility to plan, site, own and operate a new
regional airport. Currently, these latter duties are shared by the San Diego Association of
Goverrunents (SANDAG) and the Port District.
Background
AB 93 was introduced by Assemblymember Anthony Pescetti on January II, 200 I. At that time,
and through four subsequent sets of amendments, AB 93 pertained to the North San Joaquin
Water Conservation District. In that form, the bill had passed through its house of origin and
was awaiting review by the Senate Local Government Committee. On August 29,2001. the bill
was presented. with amendments. as a proposal by Assemblyman Howard Wayne to create a San
Diego County Regional Airport Authority. In that form, the bill was heard in the Senate Local
Goverrunent Committee September 4, 2001. and passed on a vote of 4-1.
The bill was then referred to the Senate Appropriations Committee. Although not published in
the daily file for consideration by Senate Appropriations at the start ofthis morning's
proceedings, it was taken up by the committee during the afternoon of September 6. AB 93
passed out of committee on a unanimous vote and will next be heard on the Senate Floor. Unless
a rule waiver is granted, the bill should have three days reading before being taken up by the
Senate on the floor. Assuming the bill receives Senate approval, it will be sent to the Assembly
for concurrence in the recent amendments. Should the bill receive that concurrence, it will
proceed to the Governor's desk. All of this must be accomplished prior to the Legislature's
scheduled adjournment for the year on September 14.2001.
Airport Authority Powers
This new Authority will have the exclusive responsibility for studying, planning and executing
improvements to the regional airport system. This includes studying the location of a future
airport. developing airport facilities, and coordinating with public mass transportation and
.---------------- ----_.--- . ---------,
AB 93 (Wayne) Airports: San Diego County Regional Airr 1 Authorit)
September 6, 2001 'age 2 of3
passenger rail access. The Authority will be designated as the Airport Land Use Comn sion for
San Diego County-
The Port District will be required to transfer the San Diego International Airport at Lindbergh
Field to the Airport Authority, including all personnel, real property, contracts, facilities,
financial obligations and reserves, and office equipment. The Port District, however, will retain
responsibility for the clean up and remediation of toxic materials at the International Airport. An
amendment taken in committee today specifies that the property adjacent to Lindbergh Field,
referred to as the General Dynamics property. will continue to be owned by the Port and used for
parking.
The Airport Authority will have the same eminent domain authority as is now exercised by the
Metropolitan Transit Development Board. The Airport Authority will be exempt from the
zoning and building codes of cities and counties. The Airport Authority will be the only agency
eligible to receive surplus federal airports, and "may accept" the ownership of other public
airports in the region. It is not yet known what impacts this may have on Brown Field,
Montgomery Field, Gillespie Field, Palomar Airport or other public airports in the region. The
Authority will also be the only agency authorized to receive state and federal airport
improvement grants, though it must cooperate with other airports by facilitating the pass-through
of these grant funds.
The Airport Authority will have the ability to issue revenue bonds, levy benefit assessments, and
raise revenue by charging fees and rents.
If the Legislature creates a regional planning and transportation agency, that requires a
countywide election, the Airport Authority will be transferred to that new agency.
Fiscal Impacts
The fiscal impact of this action on the Port District is still under review by Port staff. Although
airport revenues must, by law. remain with the airport, there are administrative overhead costs of
the agency that have been paid, legally, out of airport revenues. Early estimates of these costs
are between $14 million and $15 million per year. It is not yet known whether the new airport
authority would have the ability to contract with the Port District for the services involved (i.e.
using Harbor Police for airport security, using Port District staff to provide legal counsel to the
airport authority, etc.).
No fiscal impacts from this proposal on the City of Chula Vista have been identified as of this
w"flt1ng.
Organization
The proposed Airport Authority will be comprised of nine appointees:
1) A public member who is a resident of the unincorporated area, appointed by the San
Diego County Board of Supervisors (initial two-year term)
2) A public member, not a resi-dent of the City of San Diego, appointed by the Governor
(initial six-year term)
3) A public member appointed by the Mayor of the City of San Diego and confirmed by the
San Diego City Council (initial four-year term)
----_on .
AB 93 (W"ync, Airports, San Diego County Regional Airport Authority
September 6. 200 I Page 3 of 3
4) The Mayor of the City of San Diego or a member of the public as the Mayor's designee
(initial six-year term)
5) A public member appointed by the Mayor of the City of San Diego who does not need to
be confirmed by the San Diego City Council (initial two-year term)
6) The Mayor (or a member of the public designated by the Mayor) of the most populous of
the "north area cities" (Carlsbad, Del Mar, Encinitas. Escondida, Oceanside, San Marcos,
Solana Beach, Vista) (initial two-year term)
7) A public member who is a resident of a north area city, selected by those cities' Mayors
(initial four-year term)
8) The Mayor (or a member of the public designated by the Mayor) of the most populous of
the "south area cities" (Chula Vista. Coronado. EI Cajon, Imperial Beach, La Mesa,
Lemon Grove, National City. Poway. Santee) (initial six-year term)
9) A public member who is a resident of a south area city. selected by those cities' Mayors
(initial four-year term)
In the case of the public members from the north and south area cities, if the Mayor of the most
populous cities in those two areas does not serve. the public members must be a mayor or
councilmember serving in the two respective areas. and will be selected by those Mayors.
Following the expiration ofthese initial terms. all members will serve four-year terms. Each
appointing authority has the ability to remove its appointee for cause and may appoint a
successor to fill the remainder of the term. There are no term limits associated with these
appointments.
Within the nine member board, there will be an executive committee made up of the: public
member appointed by the Board of Supervisors. public member appointed by the Governor, and
public member appointed by the Mayor of San Diego and confirmed by the San Diego City
Council.
This executive committee, in turn, will appoint the: executive director, general counsel and
auditor of the new airport authority. The executive director will appoint all other airport
authority staff. The executive committee members will be salaried, the balance ofthe board will
be paid a stipend of $1 00 per meeting for as many as four meetings per month, plus direct
expenses.
It is apparent that the true power of the Authority will rest with the executive committee. These
three individuals will serve full-time and will provide day-to-day direction to the executive staff.
The remaining six board members will serve. essentially. as volunteers.
The text of AB 93 as it was released on August 29. 2001 is attached, as are the amendments that
were accepted by the author during the Senate Appropriations Committee hearing this afternoon.
A third attachment is a letter of opposition to AB 93 from the City of Carls bad. As of this
writing, the City of Carlsbad was the only agency known to have taken a formal position on the
proposal.
Attachments:
. Text of AB 93 as amended 8/29/01
. Amendments accepted during Senate Appropriations Hearing 916101
. Letter of Opposition to AB 93 from City of Carls bad
------------------- . ---
AMENDED IN SE1'\ATE AUGCST 29. 200]
AMENDED IN SENATE JUNE 27. 200]
AMENDED IN ASSEMBLY MAY 7. 2001
AMENDED IN ASSEMBLY APRIL 16.200]
AMENDED IN ASSEMBLY APRIL 3,2001
CALIFORNIA LEGISLATIJRE--2001--02 REGULAR SESSION
ASSEMBLY BILL No. 93
Introduced by Assembly Member Peseelli Wayne
~ January 11,2001
:\H Bet to add Cka]3ter 6 (eeffiffieHeil¡g ..ith Seetion 75180) te PMt
8 of Di ,¡SiOH 21 of the ,-Vllter Ceèe, reiatiHg to v, liter. An act to amend
Section 53090 of the Government Code, to add Section 21670.3 to, and
to add Division 17 (commencing with Section 170000) to, the Public
Utilities Code, and to amend Sections 4 and 5 of the San Diego Unified
Port District Act (Chapter 67 of the Statutes (}f 1962. First
Extraordinary Session), relating to airports.
LEGISLATIVE COUNSEL'S DIGEST
AB 93. as amended, Pe5€ettt Wayne. ¡':orth SaH Jeaqa¡H 'Hater
CoRser, atioH Distfiet: eharge Airports: San Diego County Regional
Airport Authority.
( 1) Existing law establishes the San Diego Regional Government
Efficiency Commission and requires the commission to submit to the
Legislature a plan and draft legislation for the consolidation (}fregional
agencies within the San Diego region.
94
I
AB 93 -2-
This hill would eswhlish the San Diego County Regional Airport
Authority, as a local entil} ()f regional government. with jurisdiction
throughout the County (if San Diego, and would require the authority
/0 adopt the comprehensive airport land use plun.l(¡r rhat county and
coordinate the airport planning (if public agencies. The bill would
establish the governing body and structure of the authority, require the
San Diego Unified Port District to tran'fer the San Diego International
Airport to the authoril), and assign various powers and duties to the
autlwriry regarding the establishment and operation olairports within
the eounty-
To the extent that these provisions would impose additional duties
upon the pOri district and other entities (!f local gO1'emment, the bill
would create a state-mandated local program.
(2) 771C California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
StatU/ory provisions establish procedures fÓr making that
reimbursement. including the creation ()l a State Mandates Claims
Fund to pay the costs of mandates that do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs exceed
$1,000.000.
This bill would provide that, if the Commission on State Mandates
detenllines that the bill contains costs mandated by the state,
reimhursementfor those costs shall be made pursuant to these statutory
provlS/ons.
(1) E)[istiH~ la., speeifies the po.. ers !!Rà I'tlfpOSeS of .. flier
COHser. atiOH distriet5.
This biB.. Btllà !!tltflBftLe the NoRh SaH Joaqtlil1 \V!!ter CoHser, atioR
Distriet. eeF1SisteHt .\ it-b the PropesitieH 218 OmRiÈ\I:l" Imp!emefttatioR
Act, by re"eltltieH, to ]e:j !! speeifieà per !!ere asse.;sH'1eHt, not to eJleeed
S5 per acre or pertioH of an aere. eH laHà OR ., hieh stlrfaee \. ater er
grotlHà.. ater is apfJlieà, tB pal f-er the eJlpeHSeS of the distriet relatiHg
10 the deli. el) of stlrtaee '.\ ater. The biB.. etllà atlthorize the boflf'à ef
the àistriet to pro'. ide a precedtlre fer the eolleeti eH of the a35e35meHts
b) .. aj of the eetlH~ taJl Bills, thereB} iffifJesing a ,;tate mandateà leeal
program B) iffifJesiHg 8.ààitieHal àtlties eH tfle 8.ffceted eetlHt) .. itli
regani to the eolleetieH of these asseS3meHts.
(2) The CaliferHi8. Cefl3tittltieH reql:lifes the state to reimlmrse leea!
8.~eHÐies aRà schee] àistriet3 f-er eeItrnH eBsts mElHdateà B) the StatC.
Staunory pro ,isieHS estaBlish proeeàmcs f-or makiHg that
reimlmrsemeHt, ifieltlàiH~ the ereatioH ef 8. State Mandates C]f!im5 PlHlà
94
r-
oo---. - --~--------
-3- AB 93
to pa) tAe eo:;t:; ef maRàates that so Rot e)(eeed S: 1.000.000 .itllte.. ide
aReI ether ¡¡roeeàtlre3 f{3r e]aims '"hoJe .¡¡ate.. ide eeJU e)leeeà
5;] ,OOg,OOO.
Thi3 bin.. otllà f'ro, ide that, if ,he Cemmi,,-,ion OR State MaRàate~'
detefffiiHes that the bin eeHtaiRS eosts ffiaRdateà 19) the state,
reiæl3tlrsemeHt f-er these eests shaH be æade f'tlf3tl!tRt to these s,atMto!)'
f'ro\ ISleRS.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people (){the State o.lCalifornia do enact as follows:
I SECTION]. Cflaf'ter 6 (eeffifllelJeif\g ..ith SeetiolJ 75180) is
2 SECTION I. Section 53090 o.{ the Gm'emment Code is
3 amended 10 read:
4 53090. As used in this article:
5 (a) "Local agency" means an agency of the state for the local
6 performance of governmental or proprietary function within
7 limited boundaries. "Loca] agency" does not include the state, a
g city, a county, a rapid transit district whose board of directors is
9 appointed by public bodies or officers or elected from election
]0 districts within the area comprising the district, an airport
11 authority established under Division 17 (commencing with
]2 Section 170000) of the Public Utilities Code, or a district
13 organized pursuant to Part 3 (commencing with Section 27000) of
]4 Division 16 of the Streets and Highways Code.
15 (b) "Building ordinances" means ordinances of a county or
16 city regulating building and construction and removal of
J7 buildings, including ordinances relating to the matters set forth in
18 Section 38660 and similar matters, and including ordinances
19 relating to building permits and building inspection.
20 SEe. 2. Section 21670.3 is added to the Public Utilities Code,
21 to read:
22 21670.3. (a) Sections 21670 and 21670.1 do npt apply 10 the
23 County o.{ San Diego. In that county, the San Diego County
24 Regional Airport Authority. as established pursuant to Section
25 170002, is responsible for coordinating the airport planning of
26 public agencies within the county and shall. on or b~lore June 30.
27 2005. after reviewing the existing comprehensive land use plan
94
r-
oo--------- ------_.....,---------
AB 93 -4-
I adopted pursuant to Section 21675. adopt a comprehensive land
2 use plan.
3 (b) Any comprehensive land use plan dC\'eloped pursuant to
4 Section 21675 and adopted pursuant to Section 21675.1 by the San
5 Diego A.rsociation of Governments shall remain in ~ffect until June
6 30. 2005, unless the San Diego County Regional Airport Authority
7 adopts a plan prior to that date pursuant to subdivision (a).
8 SEe. 3. Division 17 (commencing with Section 170000) is
9 added to the Public Utilities Code, to read:
10
]1 D1ViS10N 17. SAN DiEGO COUNTY REGJONAL A1RPORT
J2 A UTHOR1TY
13
]4 CHAPTER 1. GENERAL PROFISIONS
]5
]6 170000. This division shall be known and may be cited as the
17 San Diego County Regional Airport Authority Act.
J 8 170002. There is hereby established the San Diego County
, J9 Regional Airport Authority, as a local governmental entity of
20 regional government, with jurisdiction extending throughout the
21 County of San Diego.
22 170004. The Legislature hereby finds and declares all (if the
23 following:
24 (a) The population in San Diego County isforecasted to grow
25 to 4.1 million persons by 2030, a 45 percent increase over its
26 population in 2000. 1n light (if this growth, it is incumbent upon the
27 region to take actions to provide for an economy that will create
28 sufficient opportunity and wealth to ensure a high quality of life for
29 all its residents.
30 (b) The globally competitive, export-orien/ed elec/ronics,
31 communications. and biotechnology indusTries of San Diego
32 County already employ over 300,000 persons. nearly a third of the
33 local labor force, and will continue to drive rhe region '.I' economy
34 as it competes in the expanding national and international
35 markets.
36 (c) Air transportation will be an important factor in fostering
37 continued economic growth in San Diego County, as technology
38 workers travel by air 40 percent more frequently than workers in
39 other sectors of the economy.
94
r-
oo--...-- ---- - -------- -----
-5- AB 93
I Id¡ According to the Joint Aviation A(II'isorv Committee
2 established by the San Diego Association of Govemments and the
3 San Diego Unified Port District, San Diego Intemational Airport
4 today contributes about $4.3 billion to the San Diego regional
5 economy, which is about 4 percent of the total output "Fthe region's
6 e(,(J/Jomy. With the demandfor air travel expected to more than
7 double to 35 million passengers in 2030, W1 airport capable of
8 supporting that demand would contribute up to $8 billion to the
9 regional economy. Failure to increase San Diego's regional
10 airport capacity would result in 56,000 fewerjobs and up to $2.5
11 billion less in personal income by 2030. More than 50 percent "I'
]2 the reduction in jobs would occur in the industries related to air
13 exports, including the high-technology industries that
14 manuFacture machinery, electronic equipmel1t. and instruments.
15 The balance of the impact would be in the visitor-related
16 industries.
17 Ie) The San Diego Regional Government Efficiency
] 8 Commission was established under Chapter ï64 (¡(the Statutes of
~ 19 2000 to evaluate regional govemance in San Diego County and to
20 submit a report to the Legislature for improving regional
21 govemance. To facilitate its purpose, that commission formed a
22 Port Working Group, a Govemanee Working Group, a
23 Transportation Working Group, and an Environmental and Land
24 Use Working Group to examine regional governance in the region
25 and to propose options for its improvement. The Port Working
26 Group studied the role andfunction of the San Diego Unified Port
27 District and in collaboration with the Tra17.lportation Working
28 Group created a special joint committee to examine airport
29 development issues in the region. After reviewing the options
30 developed by the joint committee, the commission has
31 recommended to the Legislature, by resolution adopted on July 6,
32 2001, that a new ai/port authority be created by statute in San
33 Diego County.
34 (fJ Because "f the significant regional consequences of airport
35 development and operations, it is important that the future
36 development of major airport facilities in San Diego County be
37 addressed in the context of a regional decisionmaking process that
38 has regional representation.
94
I
---- ,-.--------,.-----
An 93 -6-
I 170006. For the purposes o.fthis divisioll, the following terms
2 have the following meanings, unless the colltext requires
3 otherwise.
4 10) The "authority" means the San Diego County Regional
5 Airport Authority established under this division.
6 Ib) The "board" means the governing board of the authority
7 established as specified in Section 170016.
8 Ic) The "interim board" means the limited term board
9 established as spec!fied in Section 170012.
10 (d) The "port" means the San Diego Unified Port District
11 established under the San Diego Unified Port District Act
]2 (Chapter 67 of the Statutes of 1962, First Extraordinary Session).
13 (e) The "San Diego International Airport" means the airport
14 located at Lindbergh Field in the County (Jf San Diego.
]5 (f) (1) The "north area cities" mean the cities of Carlsbad, Del
]6 Ma~ Encinitas, Escondido, Oceanside, San Marcos, Solana
17 Beach, and Vista.
18 12) The "south area cities" mean the cities of Coronado,
.. 19 Imperial Beach, Chula Vista, National City, Lemon Grove, EI
20 Cajon, La Mesa, Santee, and Poway.
21
22 CHAPTER 2. GOVERNING Boor
~,
~-'
24 170010. The interim executive direclor of the authority shall
25 be Ihe Director o.f Airport Operations of the port. The interim
26 executive director shall undertake all regular and necessary
27 measures and decisionsfor the efficient operatioll of the authority
28 ulltil January 6, 2003.
29 170012. (a) There shall be an interim board o.fthe authority
30 10 advise the interim executive directo~ to prepare and adopt the
31 transition plan required under Section 170062, alld to oversee the
32 activities required pursuant to subdivisions (c), (d), (e), and (f) and
33 Section 170048.
34 (b) The interim board shall be chaired by the interim executive
35 director
36 (c) The interim executive director shall appointfive members
37 to the interim board. The members shall be geographically
38 representative of San Diego County and shall be serving as elected
39 officials of, appointees to, or representatives o.f local, state, or
94
I
. ----------
-7- AB 93
I federal governmental agencies or hodies. lit the tllne of
2 appointment.
3 (d) Thefirst meeting of the interim hoard shall he on January
4 7, 2002, at a time and location to be determined by the chai~
5 Thereafter. the chair shall hold monthly puhlic meetings of the
6 interim board.
7 (e) The interim board shall be dissolved {)II December 2, 2002.
8 170014. To assist the interim board and the interim executive
9 director on all matters related to the transition (!f San Diego
]0 International Airport to the authority, a management advisory
11 committee shall be appointed, with membership as follows:
12 (a) The general manager of the San Diego Metropolitan
13 Transit Development Board.
14 (b) The executive director of the San Diego Association of
15 Governments, a joint exercise of powers agency.
16 (c) A representative of the port, appointed bv the board of
17 directors (}f the port.
18 170016. (a) The permanent board shall he established
, 19 pursuant to this section. The board shall com-is[ of nine members,
20 with three members serving in an executive committee.
21 (b) The following three members shall comprise the executive
22 committee.
23 (I) A memher of the public who shall be appointed by the Board
24 (}f Supervisors of the County (}f San Diego and shall be a resident
25 (}f an unincorporated area of the county. The initial term for this
26 member shall be two years.
27 (2) A member of the public who shall be appointed by the
28 Governor. shall reside in the County of San Diego, but not within
29 the City (}f San Diego. The initial term for [his member shall be six
30 years.
31 (3) A member the public who shall be appointed by [he Mayor
32 of the City of San Diego and shall be confinned by a majority vote
33 (}f [he San Diego City Council. The initial term for this member
34 shall be four years.
35 (c) The remaining six members (}f the board shall be asfollows:
36 (1) The Mayor of the City (}f San Diego, or a member of the
37 public appointed by the mayo~ The initial term for this member
38 shall be six years.
39 (2) A member the public appointed by the Mayor of the City of
40 San Diego- The inilial termior this member shall be Iwo years.
94
I
...._-----, ----. ------
AB 93 -8-
I (3) The mayor (){Ihe mosl populous cÌ/1' among Ihe nor/h area
2 cities. I{ thai mayor declines 10 serve, he or she shall appoinl a
3 member (){the public who is a residenl (){olle o{norlh area cities.
4 The inilia/term for Ihis member shall be two veal's.
5 (4) (A) I{the member serving under paragraph (3) is a mayo~
6 then a member (){ the public selected by Ihe mayors ()f the norlh
7 area ci/iesfrom one ()f Ihose cilies.
8 (B) Iflhe person senJing under paragraph (3) is nOi a mayo~
9 Ihen Ihe mayors (){ Ihe norlh area cìlies shall selecl a mayor or
10 council member of a norlh area city to sen'c as the memba
I] (C) The initia/lermfor this member shall befoul' years.
]2 (5) Thc mayor o{lhe mosl populous city among Ihc soulh arca
]3 citics. r{ Ihal mayor declines 10 scnJc, he or she shall appoinl a
]4 member (){ Ihe public who is a residenl (!{ (me o{soulh area cìlies.
]5 The initia/lermfor this member shall be six veal's.
16 (6) (A) r{lhcmembersenJingunderparagraph(5)isamayo~
17 Ihen a member (){ Ihe public select cd by Ihe mavors o{ Ihe soulh
18 area cìliesfrmn one (){ those cÌlies-
~ 19 (B) Iflhe person sen'ing under paragraph (5) is nor a mayo~
20 Ihen Ihe mayors (){ Ihe soulh area cilies shall seleci a mayor or
21 council member ()f a soulh area city 10 sen'e as the memba
22 (C) The iniliallermfor Ihis member shall befoul' years.
23 (d) The initial chair shall be Ihe person appoinled 10 Ihe board
24 pursuanl 10 paragraph (2) ()f subdivision (b). Thereaf1e~ Ihe
25 execulÌve commiltee shall appoinl the chai~ ",'ho shall serve for Ihe
26 extent of his or her lerm, upon con/irmalÌon o{ Ihe full board.
27 (e) (I) Members appoinled 10 the .firsl board shall be
28 appoinled on or before October 31, 2002, and shall be sealed as
29 the board on December 2, 2002.
30 (2) Any appoinlmenl nol.filled by Ihe respeclive appoinlÌng
31 authority on or before December I, 2002, shall be filled by
32 appoinlmenl by Ihe Governo~ consislenl wilh the eligibility
33 requiremenls oflhis seclionfor Ihalmembership posi/ion.
34 (f) (I) Afier Ihe initiallerm, allierms shall be 4 years, except
35 as OIherwise required under Subdivision (b) of Seclion 170018.
36 (2) The expiralion date oflhe term (){()ffice shall be the.firsl
37 Monday in December in the year in which the lerm is 10 expire.
38 /70018. (a) The appoinling authority for a member whose
39 term has expired shall appoinllhat member:, successorfor a full
40 lerm o{ four years.
94
I
--0------__--------
-9- AB 93
1 ¡h; The memhership (Irany memher serving (lnlhe hoard as a
2 result ()I' holding another puhlic (!fjice shalilerminale when the
3 member ceases holding the other puhlic office.
4 (C) Any vacancy in the membership (dlhe hoard shall hefilled
5 for the expired term hy a person selected hy appointing authority
6 for Ihat position.
7 170020. A member may be removed only for cause and only
8 by his or her appointing authority.
9 170022. Any member mny be reappoinled 10 addilional terms.
10 170024. (a) Except for the members or the executive
11 committee, members shall be paid one hundred dollars ($100) per
12 regula~ special, or committee meetings. fár noT more than four
13 meeTings per month.
14 (h) Members of the executive committee shall receive a salary
15 equal to the salary ()I' superior court judge in the County ()I' San
16 Diego.
17 (c) Members may be paidfor direct out-()fpocket expenses.
18 (d) The board shall adopt a compensalion and reimbursement
~ 19 policy within three months of being constituted.
20 170026. (a) The executive committee shall appoinT the
21 following ()fficers (ll' the authority:
" ( 1) Executive Director
23 12) General Counsel.
24 13) Auditor
25 (h; The executive director shall appoint all oTher officers and
26 employees.
27
28 CHAPTER 3. POWERS AND DUTIES
29
30 170030. The authority has perpeTUal succession and may
31 adopt a seal and alter it at its pleasure.
32 170032. The authority may sue and be sued in all actions and
33 proceedings, in all courts and tribunals of competent jurisdiction.
34 170034. All the provisions of Section 120242 are applicable
35 to the authority, and the authority may exercise those provisions
36 within its area ()f'.iurisdiction.
37 170038. The authority mny take by grant, purchase, devise, or
38 lease or otherwise acquire and hold, real and personal property
39 outside its area ()f'.iurisdiction in order 10 further its purposes.
94
I
--------------.. --------------------- ------
AB 93 -10-
I 170040. The authority may colltract with {my department or
2 aRency of the United States, with any state or local governmental
3 agency, or with any person upon those terms and conditions that
4 the authority finds are in its best interests.
5 170042. The board may act only by ordinance or resolution.
6 A majority {)f the membership {)f the board shall constitUte a
7 quorum for the transaction of business.
8 170044. Except as otherwise specifically provided to the
9 contrary in this chapter. a recorded majority vote of the total
10 membership of the hoard {)f directors is required on each action.
II 170046. The authority shall maintain accounting records and
12 shall report accounting transactions in accordance with generally
13 accepted accounting principles as adopted by the Government
14 Accounting Standards Board (GASB) {)fthe Financial Accounting
15 Foundationfor hath public reporting purposes andfor reporting
16 of activities to the Controller
17 170048. (a) The authority shall have the exclusive
18 responsibility within its area {)f its jurisdiction to study, plan, and
, 19 execute any improvements, expansion, construction, or
20 enhancements to the regional airport system of San Diego County.
21 (b) The authority may commission planning, engineering,
22 economic, and other studies to provide infonnation to the boardfor
23 making decisions about the location, design. management, and
24 other features {)f a future airport.
25 (c) The San Diego Association of Governments, or its
26 successor, shall include all airport system plans and facilities
27 selected by the authority in the regional transportation plan.
28 (d) (1) Not later than 60 days after the effective date of this
29 chapter. the San Diego Association {If Governments and the port
30 shall transfer and assign to the authority all colltracts in force for
31 studying possible sites for an airport, the economic viability and
32 impact of an airport, the environmental consequences of an
33 airport, public opinion or attitudes regarding an airport's
34 location, and any other contracts related to the location and
35 development of an airport in the County of San Diego.
36 (2) The contracts described in paragraph (J) shall include, but
37 need not be limited to, the contracts associated with the Joint
38 Aviation Advisory Committee.
39 (3) The transfer of contracts required under this subdivision
40 shall include the revenue from state orfederal grants, local funds,
94
I
.----- -- --------
-11- AB 93
I and olher sources ()f revenue commilled to/ill/dillg Ihe contracts
2 umiltheir completion.
3 (e) The policy direction for lhe study described in subdivision
4 (d) shall become the responsibility of the authority. The authority
5 shall consider the concepts and ideas of the San Diego Association
6 ()f Governments, the port, and other entities, both public and
7 private.
8 Cf! The authority may continue the .Ioill! Aviation Advisory
9 Commillee to assist in conducting the analyses for determining a
10 Sill' for a new airport.
]1 (Ii) On or before June 30, 2003, the authority shall complete the
]2 airport Sill' selection study begun by the .Ioim Aviation Advisory
]3 Commillee.
]4 170050. The authority shall be the only agency, public or
15 private, in the County of San Diego that is eligible 10 take
16 ownership of airports owned by the United States government and
17 are declared surplus or are otherwise made available to state or
] 8 local governmemal agencies.
~ ]9 170052. The authority shall be responsible for developing all
20 a.'pects (Jf airport facilities under its jurisdiction, including, but
21 nmlimiled 10, all of the following:
22 (a) The location of terminals, hangers, aids!o air navigation,
23 parking lots and structures, and all other facilities and sen/ices
24 necessary 10 sen'e passengers and other customers (Jfthe airport.
25 (b) Street and highway access and egress with the objective (Jf
26 minimizing, to the extent practicable, traffic congestion on access
27 routes in the vicinity of the airport.
28 (c) Developing public maSS transportation access in
29 cooperation and coordination with the re.lponsible public
30 transportation agency in whose jurisdiction the airport is located.
31 (d) Analyzing and developing passenger rail access in
32 cooperation with an established agenC\' or organization
33 experienced in operating that service, if the service or the
34 technology proposed for implementation is demonstrated to be in
35 regular, scheduled revenue service and is demonstrated to be a
36 cost-effective investment when considering both direct and
37 indirect benefIts. If that service is proven feasible, the authority
38 shall endeavor 10 maximize the convenience (Jf its patrons by
39 incorporating the service into the design (Jfits terminals.
94
I
AB 93 -]2-
J ¡ 70054. (a) The authority shallfÓrm WI advisory committee
2 to assist it in perfonning its responsibilities related /0 the planning
:I and development of airport facilities for the County (Jf San Diego.
4 In selecting members for the committee, the authority shall include
5 persons knowledgeable about airport management, passenger
6 andfreight air transportation operations and economics, general
7 aviation, the natural environment, regional economic
8 development, business, including the technology sector of the
9 economy.
JO (b) To the extentfeasible, the advisory committee shall include
]1 representatives from the Department of Transportation, local
12 public transit authorities, local governments. the campuses of the
13 University of California and the California State University in the
14 region, the United States Department of the Navy, and other
15 groups and residents of San Diego County.
J6 (c) When forming the advisory commi/lee. the authority shall
J7 make its selections for membership from individuals representing
J8 all elements of the County of San Diego.
~ J9 170056. The port shall transfer the title and ownership of the
20 San Diego International Airport to the authority. The tran~fer
21 shall be consistent with the transition plan required under Section
22 170062 and shall include, but need not be limited to, all of the
23 following:
24 (a) All real and personal property, including, but not limited to,
25 all terminals, runways, taxiways, aprons, hangers, aids to air
26 navigation, emergency vehicles or facilities, parking facilities for
27 passengers and employees, and buildings and facilities used to
28 operate, maintain, and manage the airport.
29 (b) All contracts with airport tenants. concessionaires,
30 leaseholders, and others.
31 (c) Allfacilities for purposes of providing rental car services to
32 the passengers of the airport, including, but not limited to, all
33 offsite storage facilities and other facilities provided by the port
34 that support the rental of automobiles.
35 (d) All financial obligations secured by revenues and fees
36 generated from the operations of the airport, including, but not
37 limited to, bonded indebtedness associated with the airport.
38 (e) Allfinancial reserves, including, but not limited to, sinking
39 funds and other credits.
94
I
'----_..,----------_.._----,'.. .
-13- AB 93
I ({) All (J{jïce equipment, including. hilt not limited to.
2 computers. records and files, software required for financial
3 management, personnel management, and accounting and
4 inventory systems.
5 170058. The port shall be responsible fill' the clean up and
6 remediation of all toxic materials on or under the suiface of San
7 Diego International Airport.
8 170060. The authority shall be the trustee of the tidelands on
9 which San Diego International Airport is located.
10 170062. (a) Under the leadership of the interim board. a
II transition plan shall be developed to facilitate the transfer of the
12 San Diego International Airport to the authority. To facilitate the
13 preparation of a transition plan, the authority and the port may
]4 jointly commission a certified audit to determine the .financial
15 condition of the San Diego International Airport, including, but
]6 /JOt limited to, the obligations of the airpon and the reasonableness
17 of the overhead charges being paid by the airport to the port.
18 (b) The port shall cooperate in every way to facilitate the
]9 tramier (!fthe San Diego International Airport to the authority.
20 (c) In the preparation of the transition plan, priority shall be
21 given to ensuring continuity in the programs, services, and
22 activities of the San Diego International Airport.
23 (d) The transfer of the San Diego International Airport to the
24 authority shall be completed on or before October 31, 2002.
25 (e) The transfer may not in any way impair any contracts with
26 vendors, tenants, employees, or other parties.
27 170064. (a) The port shall loan the authority the sum of one
28 million dollars ($1, 000, 000) for the first year ()f operation of the
29 authority. The authority shall repay this loan with interest on or
30 before January I, 2008. The interest rate on ¡he loan may be no
31 greater than the discount rate established hv the United States
32 Federal Reserve Bank as of December 31,2001.
33 (b) The authority may raise revenues tofund all ()fits activities,
34 operations, and investmel1lS consistent with its purposes. The
35 sources of revenue available to the authority may include, but are
36 not limited to, imposing fees, rents, or other charges for facilities,
37 services, the repayment of bonded indebtedness, and other
38 expenditures consistent with the purposes of the authority.
94
I
- ----..------ --------- .
AB 93 -14-
I (C) To the extent practicable, the authoriTy shall endeavor to
2 maximize the revcnues generatedfrom el7lcrprisesloeated 011 the
3 property (J{ the authority.
4 (d) The authority may receive state and federal grants for
5 purposes of planning, constructing, and operating an airport and
6 for providing ground access to the airport.
7 ] 70066. (a) The authority is the only agency in the County of
8 San Diego authorized to receive state grants for the purposes of
9 planning, constructing, or making other improvements to a
10 civilian airport.
II (b) The authority is the only agency authorized in the County
12 (d' San Diego to receive grants from the federal government,
13 including, but not limited to, the Federal Aviation Administration,
14 fÓr purposes (}{ planning, constructing. or making other
15 improvements to a civilian airport.
16 (c) The authority shall cooperate with all other airports in the
17 county tofurther the development of a countywide aviation ,rystem.
18 To this end, the authority shall facilitate the pass-through of state
~ 19 andfederal grants to local airport operators, if those grants are
20 for purposes that are consistent with the aviation element of the
21 regional transportation plan or with an adopted program of
22 proia.ts.
23 ]70068. The authority may accept the tran,~{cr (}f ownership
24 of other publicly owned airports in the County (}{ San Diego. Any
25 transfer shall include the preparation of a transition plan to ensure
26 the orderly transfer of assets and obligations. ]n accepting a
27 transfe~ the authority may assume no financial obligations other
28 than those associated with the operation of the airport being
29 transferred.
30 ]70070. (a) The authority may issue bonds, payable from
31 revenue of any facility or enterprise operated. acquired, or
32 constructed by the authority, in the manner provided by the
33 Revenue Bond Law of ]94] (Chapter 6 (commencing with Section
34 54300) of Part] of Division 2 o.f Title 5 o.f the Government Code).
35 (b) The authority is a local agency within the meaning of the
36 Revenue Bond Law of ]94]. For all the purposes of this article, the
37 term "enterprise," as used in the Revenue Bond Law of ]94],
38 includes the airport system or any or all facilities and all additions
39 and improvements that the authority's governing board authorizes
40 to be acquired or constructed.
94
I
-----~------- ,
-15- AB 93
I (c) Nothing in this section prohibits the autlwrityfi'()m availing
2 itself of any procedure provided in this chapterfor the issuance of
3 bonds of any type or character for any of the authorized airport
4 facilities. All bond proceedings may be carricd on simultaneously
5 or, in the alternative, as the authority may determine.
6 170072. The authority may levy special bcnefit assessments
7 consistent with the requirements (If Article XlII D of the California
8 Constitution tofmance capital improvements. including, but not
9 limited to, ,Ipecial benefit assessments levied pursuant to any (If the
10 following:
II (a) The Improvement Act (If I9II (Division 7 (commencing
12 with Section 5000) (If the Streets and Highwcn's Code).
13 (h) The Improvement Bond Act of 1915 (Division IS
14 (commencing with Section 8500) of the Streets and Highways
15 Code).
16 (c) The Municipal Improvement Act of 1913 (Division 12
17 (commencing with Section 10000) (If the Streets and Highways
18 Code).
, ]9 (d) The Landscaping and Lighting Act of 1972 (Part 2
20 (commencing with Section 22500) of Division 15 ofthe Streets and
21 Highways Code).
22 (e) Chapter 1 (commencing with Section 99000) of Part II (If
23 Division 10 (If the Puhlic Utilities Code. if the authority
24 participates in the development of rail access to an airport.
25 170074. The authority may horrow money in accordance with
26 Article 7 (commencing with Section 53820) of, Article 7.6
27 (commencing with Section 53850) (If, or Article 7.7 (commencing
28 with Section 53859) (If, Chapter 4 (If Part 1 of Division 2 of Title
29 5 of the Government Code.
30 170076. (a) The authority may horro>t' money in anticipation
31 of the sale of al1Y honds that have been authorized to be issued, but
32 have not been sold and delivered, and may issue negotiable hond
33 anticipation notes therefor, and may renew the bond anticipation
34 notes from time to time, but the maximum maturity of any bond
35 anticipation notes, including the renewals there(lf, may not exceed
36 five years from the date of delivery (If the original bond
37 anticipatiol1l1otes. The bond anticipation notes may be paidfrom
38 any money of the authority available therefor and not otherwise
39 pledged.
94
I
AB 93 -]6-
I (hi {f not previously otherwise paid, lhe /wnd al1licipation
2 notes shall be paidfrom the proceeds oflhe next sale of the hands
3 of the authority in anticipation of which they were issued. 77Je bond
4 anticipation notes may not he issued in any amount in excess of the
5 aggregate amount o.f bonds that the authority has been authorized
6 to issue, less the amoul1l of any bonds ()f the authorized issue
7 previously sold, and also less the amount o.f other bond
8 anticipation notes therefore issued and then ouwanding. The bond
9 anticipation notes shall be issued and sold in the same manner as
]0 the honds. The bond anticipation notes and the resolution or
]) resolutions authorizing them may contain any provisions,
12 conditions. or limitations that a resolution of the authority
13 authorizing the issuance o.f hands may conlail1.
14 170078. The authority may hring an action to delermine the
]5 validity o.f any of its bonds, equipment trusl ce rti{icotes, warral1lS,
J6 notes, or other evidences of indebtedness pursuant 10 Chapter 9
17 (commencing with Section 860) o.f Title 10 of Part 2 o.f the Code
] 8 o.f Civil Procedure.
, ]9 170080. All bonds or other evidences (!f indebtedness issued
20 by the authority under this chapte~ and the interest thereon, are
2] free and exempt from all taxation within the state, except for
22 transfe~ franchise, inheritance, and estate laxcs.
23 170082. (0) Notwithstanding any other provisions o.f this
24 division or any other law, the provisions o.f all ordinances,
25 resolutions, and other proceedings in the issuance hy the authority
26 of any bonds, bonds with a pledge of revenues, bonds for
27 improvement districts, revenue bonds, equipment trust certificates,
28 notes, or any and all evidences o.f indebtedness or liability
29 constitute a contract between the authority and the holders of the
30 bonds, equipment trust certificates, nOles. or evidences of
31 indebtedness or liability, and the provisions thereof are
32 el,forceable against the authority or any or all of its successors or
33 assigns, by mandamus or any other appropriate suil, action, or
34 proceeding in law or in equity in any court of competent
35 jurisdiction.
36 (b) Nothing in this division or in any other law sholl be held to
37 relieve the authority or the territory included within it from any
38 bonded or other debt or liability contracted by the authority.
39 (c) Upon dissolution of the authority or upon withdrawal of
40 terrilOry therefrom, that territory formerly included within the
94
I
--------..- - ,..,-_.... -- I --
-17- AB 93
] aU/hority. or \1'ithdrawn therefrom. shall continue to be liablefor
2 the payment of all bonded and other indebtedness or liabilities
3 outstanding at the time of the dissolution or withdrawal as if the
4 authority had not been so dissolved or the territory withdrawn
5 therefrom. and it shall be the duty of the successors or assigns to
6 providefor the payment of the bonded and other indebtedness and
7 liabilities.
8 (d) Except as may be otherwise provided ;nthe proceedings for
9 the authorization. issuance. and sale (4 any revenue bonds. bonds
10 secured by a pledge {)f revenues. or bondsfor improvement districts
]1 secured by a pledge {)f revenues, revenues (~f any kind or nature
12 derived from any revenue-producing improvements. works,
]3 facilities, or property owned. opera/ed. or controlled by the
]4 authority shall be pledged. charged, assigned. and have a lien
15 thereon for the payment {)f the bonds as long as they are
]6 outstanding. regardless of any change in ownership. operation, or
17 col1lrol of the revenue-producing improvements. works. facilities.
]8 or property and it shall. in any later evel1l or events. be the duty {)f
, 19 the succc,isors or assigns to continue to mail1lain and operate the
20 revenue-producing improvements, works. facilities. or property as
21 long as bonds are outstanding.
22
23 CHAPTER 4. REPEAL AND DISSOLUTION
24
25 170090. (a) This division may be repealed and the authority
26 may be dissolved pursuant to a statute that creates a regional
27 agency consolidating some or all of the regional planning and
28 transportation functions of local agencies. including the functions
29 (If the authority.
30 (b) The authority shall be dissolved on the enactment date of a
31 statute described in subdivision (a), and all {)f the functions,
32 liabilities, responsibilities. duties, and powers of the authority
33 shall be transferred to the newly created regional agency on that
34 date.
35 SEe. 4. Section 4 of the San Diego Unified Port District Act
36 (Chapter 67 of the Statutes of 1962, First Extraordinary Session).
37 as amended by Section 1 of Chapter 399 of the Statutes {)f 1996,
38 is amended to read:
39 Sec. 4. (a) A port district for the acquisition, construction,
40 maintenance, operation, development and regulation of harbor
94
I
-- ----,......_-------------
AB 93 -]8-
I works and improvements, including rail, ond water~
2 termiftfll faeilitieJ, for the development, operation, maintenance,
3 control, regulation, and management of the harbor of San Diego
4 upon the tidelands and lands lying under the inland navigable
5 waters of San Diego Bay, and for the promotion of commerce,
6 navigation, fisheries, and recreation thereon, may be established
7 or organized and governed as provided in this act and it may
8 exercise the powers expressly granted herein.
9 (b) Subject to Section 87 and any other provision of applicable
10 law, the district may use the powers and authority granted pursuant
II to this section to protect, preserve, and enhance all of the
12 following:
13 (J) The physical access to the bay.
14 (2) The natural resources of the bay, including plant and animal
]5 Jife.
]6 (3) The quality of water in the bay.
17 (C) Notwithstanding any other provision of law. the powers and
]8 authority specified in this section are to be used only as necessary
, 19 or incident to the development and operation of a port and shall not
20 apply to public utilities operated under the jurisdiction of the
21 Public Utilities Commission of the State of California.
" SEe. 5. Section 5 of the San Diego Unified Port District Act
23 (Chapter 67 ()fthe Statutes of ]962, First Extraordinary Session),
24 os amended by Section ].5 o,fChapter 399 of the Statutes o,f ]996,
25 is amended to read:
26 Sec. 5. (a) The area within the district shall include all of the
27 corporate area of each of the cities of San Diego, Chula Vista,
28 Coronado, National City, and Imperial Beach which establish the
29 district as provided in this act, and any unincorporated territory in
30 the County of San Diego contiguous thereto, which is
31 economically linked to the development and operation of San
") Diego Bay, included in the district by the board of supervisors of
,,-
33 the county as provided in this act. The regulatory, taxing, and
34 police power jurisdiction of the district, as otherwise provided for
35 in this act, shall apply to the above-described area.
36 (b) In addition to the powers and authority described in
37 subdivision (a), the district shall exercise its Jand management
38 authority and powers over the following areas:
39 (1) The tidelands and submerged lands granted to the district
40 pursuant to this act or any other act of the Legislature.
94
I
------------~------ . -~------
-19- AB 93
I (2) ,\A) uirport er aiFf'eFL; AOY, er hereufler 0 l, AeE! aAcl
2 O 3eratecl È'!) aft) of the abe, e HameE! eitieJ that e.;tablish the
3 di.¡lriet, or SaH Diege CeHAt), aAd that.. ere eon. e) ecl te the
4 di:nriet b) ~Heh a eit) or eities or SaH Die¡,o COllAty.
5 ß-ì-Any other lands conveyed to the district by any city or the
6 County of San Diego-.
7 (4) .\H)' other ]aAElS er iAterest iA laAà,; or acquired by the
8 district in furtherance of the district's powers and purposes as
9 provided in Section 87.
10 SEe. 6. Notwithstanding Section 17610 of the Government
11 Code, if the Commission on State Mandates deTermines that this
12 acT contains costs mandated by the state, reimbursement to local
]3 agencies and school districts for those cosTs shall be made
]4 pursuant to Part 7 (commencing with Section 17500) (!f Division
15 4 of Title 2 (Jf the Government Code. ff the slaTewide cost (Jf the
16 claim for reimbursemenT does noT exceed one million dollars
J7 ($1.000,000). reimbursement shall be made from the StaTe
18 Mandates Claims Fund.
. 19 adcleà te Part 8 of Di, isioB 21 ef the ',Vflter Coàe, t6 reacl:
20
21 01 ,fHR 6. NORTII S ',11 JO¡,QI:JIII '.\\"HR COI:SCR';:,TION
22 ~
23
24 75480. (a) The North Safl JoagHiR \\luter CoH~er,ati6B
25 Distriet, iH aclclitisH to its ether pe.. er3, mIl) 1e,) !!3SeSSffieHt3 as
26 f're.iàeà iH this eha 31er.
27 (b) "Distriet," f-Ðr t:l!e f'HFf'oses ef this eh!! 3ter is the ]'Iorth Saf!
28 JoaqHiH '.'later CeRser. alief! Disa-iet.
29 75480.5- (a) OH or bef-ÐFe the 30tfl clay of JHHe of eaeh yelH',
30 aHd cofisisteHt ..ith Article 1.6 (eeH1ffieHeiRg ..ith SeetieH 53750)
31 of Chapter 4 ef Part I sf Di. isieH 2 of Title 5 ef the Ce. effiffieHt
32 CeE!e, the distflet ffia), b) J'eselHtieH ef the BofIJà, Ie;) flSseSSffieRls
33 sHffieieHt to ffieet afld pal tfie estiffiatecl eKl'el13eS aAcl ebligfHieRs,
34 iRelHàiHg a rcaseHable reser, e f-ør eefltiHgeAcies, fer àeli. el) of
35 smllee.. ateI' b J the E!istriet. No asseSSffieRt sflall be iffi geseEl OH
36 aft) I'!!feel that e)(eeeEls the rcasoHaele eost ef the prs gertioHal
37 sf'eeial BcHefit eeRÍ-erreà eH that I'!!feel. 11'1 AO e, eRt shall the
38 a55e3SffieRt exeeeà fi, e àell!!fs ($5) f'er aere, or l'ertioR ef an aere,
39 OH ..hieh sHrfaee .. flter er greHHà.. ater is a 'J 9lied.
94
I
---
-----
AB 93 -20-
I (b) The aJ.JÐ:mfleHt3 àeseribed il1 pafHgrHph (a) .;hall Hot be
2 ill'\pe.ied OH dry pasUJre JaHà or other lal1d 011 "hieh l1either
3 grÐ1:Il1d.. ater I1Ðr slirreee .. ater is applieà.
4 75181. (a) The àistriet ffla), b) resoltltiol1 of the boflfd,
5 previàe a preeed1:l1'e f.er flHà eelleet the asse:ISfflel1t3 b) wa) ef åte
6 taX bills of the ee1:lHty iH .. Hieh the distriet is leeated. The
7 a:;seSSffieHt3 sHall fllJl"ear 113 II septlfllte itelfl 611 the HlJl bill, shill! be
8 colJeeteà lit the Saffle tiffle aHd iH the salfle IfllIl1Her as e61:1Hty ad
9 . aJereæ prepeR) laJleS fife eelleeteà, !lfId shall be stlbject te the
10 salfle l"eHalties aHd the Sfllfle preeeà1:lre Hl1d Jale iH ease ef
II deliHE 1:IeHe) as pre, iàed f-er these taJ{(~s.
12 (6) The ài3Hiet shall, OH er befeFe :\tlgli3t J of eaeh ) eflf, eeflif)
13 t6 the ee1:lHt) a1:lditor åte 113se3SlfleHt3 to 6e eelleeted. The eelil11)'
14 ffla) àedHct freffl the re, eH1:Ie so eelleetee f'Or the àistrict 1111
15 fllJprepriate tH'fl6HHt fer the 6iHiHg I!Hd eelleetiol1 .;ef\ iee:¡ pro <'icled
16 to the district.
17 7548] .5. .'.1'1) a3sessæeH13 effeHee1:lsl) made 6) rell3eH ef
18 iHacivertel1ee of elerieaJ IfIfsæke æa) be refHl1àcd I:ljJ6H erder of the
, 19 Boflfcl at fiHY tiæe after jJa) æeHt tflereef.
20 SEe. 2. Not"" it-flslaflàiHg Seetiel1 17610 of the Co. emæeHt
21 Code, if the CeH1ftÜ3si6H eH State Mal1clates àetenflil1es thllt this
22 aet eeatail'l3 eests fflafldatee 6) the state, reÏfn61:1rSeæeat te leeal
~' agelwies aHà 3eheel àistriets fer tIIese costs shall 6e H,ade pHfSlitifit
~-'
24 to Pm 7 (c6ftlff1eaeiHg .. ita SeetieH 17500) of Di ,isieH 1 of Title
25 2 of tile CO\ effiffleHt Code. If the state" ide east of the elaiæ f-er
26 reiftl61:1rseffleHt does Het exeeee ORe æi1lioH eel1f1fs ($1,000,000),
27 reiæbHfseffieat shall 6e fflaàe freæ the State Mal1dates Claiffls
28 ~
0
94
I
-- --------------- !
09.'05..01 13: 33 'ð"916 447 3447 Advocst: ion. Inc, Ii1J 002/002
_~"-:,lI' u~ fÜ gIG J19 ZI78 ASSEb!BL1111AN HOWAI<D IBYNL '!c PU" 'n'"
Amondmants to AB 93
The following amendments will be offe~d in the Senate Appropriation" Committe",:
1. The partiCipation of the Department of Defense in the acti\litie$ of the Authority is
assured.
2, Clarific:.ation of the title of the Director of Aviation for Lindbergh Field.
3, The Mayor of S3n Diego may appoint a council member as an altema1e-
4. Specifies that the initial chair of the Authority shall be the gollemor's appointee-
5, The agreement between the Port and the City of S3n Diego on the use of rental
carrevenues forthe convention centerwil1 not be changed.
6. The clean-up of toxies at Lindbergh Field wili be the responsibility of the
Authority -
-
7. Properly transferred to the Authority is limited to Lindbergh Field and does not
include property used for hotels or for parking rental cars.
8. Property adjacent to Lindbergh field referred to as the General Dynamic property
will continue to be owned by the Port and used for Parking.
9. The Authority becomes trustee of tidelands on which Lir'\dbergh Field is located.
(Language ¡¡~o"ìded by the State Lands Commission)
1 0, Adds the executi"e director of North County transit District to the management
advisory com{"ittee-
, 1- Requires that the Authority. SANDAG. local agencies and Caltrans cooperate on
transportation planning, especially as related to airport access.
1 Z. Remo'oles a due date for the regional airport system plan completfon and alloWS
the Authority's governing board to set the date.
13. Clarifies transit access language. (Request by the San Diego Metropolitan
Transit Development Board)
14. Adds clarification language vis-à-'oIis between the Authority and general aviation
airports opemted by local gO\lemmen~ in the county.
15. Remo","" dissolution language from the bHl.
18- Removes Section 1 of the bin pertaining to the definition of a local agency.
17 Sectlcms 2166'.5 and 21661.6 of- the Aeronautics Ac:t will J1Q! be amended into
the bill.
...
SEP-05-2001 15:33 CITY OF CRRLSBRD 750 720 9451 P.01/02
-8 City of Carlsbad
[.]jí.II"':'-.]I~
September 6, 2001
Assembly Member Howard Wayne
State Capitol, #2170
Sacfamento, CA 95814
Dear Assembly Member Wayne:
On behalf of the City Council of the City of Carlsbad, I would like to thank you for efforts and
energy towards finding a regional airport solution for the County of San Diego. AB 93 is a good
beginning in the effort to find a permanent airport solution for the people of San Diego. I would
~ also like to personally express my gratitude to your office as well as Senator Steve Peace's for
the time and attention you have given to our requests on this matter.
However, due to numerous concems that the Carlsbad City Council continues to have with AS
93, we would like to voice our OPPOSE position on this issue.
While this bill has been amended numerous times, we believe that there are still fundamental
flaws within the legislation. They are as follows:
1. Based upon testimony given at the Senate Local Government Committee hearing on
September 3, 2001, the Airport was referred to as a business venture. We agree.
However, we believe that before any transfer takes place or a new agency is created, an
independent audit and cost/benefit analysis needs to be conducted so that both the
merits and financial impacts can be properly evaluated. This is paramount in allowing
for an informed decision to be made on this matter-
2. The airport issue is one that will have substantial impacts on the residents of San Diego,
and we believe that they should have the opportunity to voice either their support or
opposition to the creation of any authority. even if it is only considered to be an advisory
vote. By going to a vote of the people, any authority created would have a heightened
air of legitimacy.
3. The governance body of any airport authority should be accountable to the voters of San
Diego. We strongly support that if and when a regional airport authority is created, it is
done so with directly elected officials at the helm and not appointed ones.
4. The proposal contained within AB 93 is a good beginning, however it represents an
airport authority with only 1 airport under its control. If an authority is going to be
successful, it should encompass the whole of the aviation system in San Diego,
notwithstanding the military- The concept behind regional government is to try and put
the various governmental pieces together so that a more streamlined process emerges,
not carve out and create mini-fiefdoms, which we believe will be the case if the airport
authority is created under the proposed language.
1200 Carlsbad Village Drive. Carlsbad, CA 92008-1989. (760) 434-2830. FAX (760) 720-9461 (j
--------
SEP-0€,-2001 15: 33 CITY OF CRRLSBAD 750 720 9451 P. 02/02
Assembly Member Wayne
September 6. 2001
Page 2
5. Other agencies that are stakeholders in this issue, such as the Federal Aviation
Authority, need to be brought into the discussion. Their expertise on aviation
matters, as well as their regulatory approval, will be critical to the success of any airport
solution in the county.
6. Along with the expertise of the FAA, there needs to be a technical evaluation of the
available airspace In the region, so that when a new authority does consider possible
airport solutions, both regional and interjegional. it does so in an informed and educated
manner.
The City Council of the City of Carlsbad believes that this discussion is headed in the right
direction, but we would urge your office to consider delaying any final action so that time is
allowed for the communities of San Diego to resolve their differences on a matter which is sure
to have one of the greatest impacts on the regions quality of life in the foreseeable future.
We look forward to working on this matter co tively and constructively for the bettennent of
the citizens of San Diego together,
CLAUDE A. "BUD" LEWIS
Mayor
mhs'
c: Carlsbad City Council
Senator Steve Peace
Senator Bill Morrow
Assembly Member Patricia Bates
Assembly Member Mark Wyland
TOTAL P. 02