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HomeMy WebLinkAboutMINUTES - 07211987 - IO.3 TO: BOARD OF SUPERVISORS FROM; C=lra INTERNAL OPERATIONS COMMITTEE Costa DATE; July 13, 1987 SUBJECT; Appointment to the Airport Land Use Commission SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Reappoint to the Airport Land Use Commission for a four-year term expiring the first Monday in May, 1991, Grace Ellis of Concord. 2 . Request the Aviation Advisory Committee and. Airport Land Use . Commission to review SB 633 and AB 1398 and provide their comments to the Board of Supervisors. 3 . - Remove this item as a referral to our Committee. BACKGROUND: On May 12, 1987, the Board of Supervisors referred back to our Committee a report proposing to reappoint a member of the Airport Land Use Commission. The Board asked that our Committee consider this issue in the light of two pieces of legislation which are pending in Sacramento: AB 1398 (flute) and SB 633 (Rogers) . County Counsel was also asked to comment on whether members of the Board of Supervisors .could be appointed to the Airport Land Use Commission and whether the Board could appoint alternates to the members of the Commission to serve in the member' s absence. County Counsel has advised . our Committee that the Board of Supervisors can appoint one or two of its members to the Airport Land Use Commission. The memo also notes, however, that the Board of Supervisors cannot appoint alternates to the members of the Commission. Each member of the Commission is authorized to appoint his or her own alternate or "proxy" . State law requires that "every county in which there is located an airport which is served by a scheduled airline shall establish an airport land use commission" . In counties which have an airport which is not served by a scheduled airline, but is operated for the benefit of the general public, there must also be an airport land use commission unless the Board of Supervisors, after a public hearing, adopts a resolution finding CONTINUED ON ATTACHMENT: YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE X APPR.E- OTHER /7 SIGNATURErS►: Nancy Fah�d�en p Tom Torlakson Ju ACTION OF BOARD ON Jul,y 21 , 1987 A?-PROVED AS RECCw 7ACNDED OTHER X CONTINUED to August 18, 1987; and REQUESTED Internal Operations Committee to determine whether a Board member should serve on the Airport Land .Use Commission. VOTE OF SUPERVISORS I HEREB`t CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ? AND CORRECT COPY OF AN ACTION TAKEN AYES: .I. TTI, V,' TV NOES: II AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. I CC: County Administrator ATTESTED Community Development Director Public Works Director PHIL BATCH LOR, CLERK OF THE BOARD OF Airport ^tanager SUPERVISORS AND COUNTY ADMINISTRATOR County Auditor-Controller Grace Ellis DY M382/7-83 Internal Operations Cte _,DEPUTY Page 2 that there are no noise, public safety, or land use issues affecting any airport in the county which require the creation of a commission. Each Airport Land Use Commission must consist of seven members. Two members of the Commission must be representatives of the cities, selected by the City Selection Committee (Mayors ' Conference) . In Contra Costa County, since the cities of Concord and Pleasant Hill are "contiguous or adjacent" to the airport, one of the city representatives must be from these cities. Two members of the Commission are appointed by the Board of Supervisors to represent the County. Two members of the Commission must represent the airports in the county. These members must be selected by a committee comprised of the managers of all the public airports in the county. One of these members must be a representative appointed from an airport operated for the benefit of the general public. The seventh member must be a representative of the general public and is appointed by the other six members of the Commission. A body other than an airport land use commission can be delegated the responsibility of the Airport Land Use Commission if the Board of Supervisors and Mayors' Conference both determine that proper land use planning can be accomplished by an appropriately designated body. Members of the Airport Land Use Commission serve terms of four years ending the first Monday in May. Airport Land Use Commissions have the following powers and duties under current law: 1. To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of such airports is not already devoted to incompatible uses. 2. To coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation while at the same time protecting the public health, safety, and welfare. 3 . To prepare and adopt an airport land use plan containing elements specified in State law. 4. To review the plans, regulations and other actions of local agencies and airport operators as specified in State law. State law also requires that any amendment to a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the Commission' s planning area must be submitted to the Commission by the local agency which is proposing the change. If the Commission determines within 60 days from the date of referral that the proposed action is inconsistent with the Commission' s plan, the Commission must notify the referring agency of that fact. The local agency may overrule the Commission if it holds a public hearing, makes a specific finding that the proposed action is consistent with the purposes of the law governing airport land use, and if the local agency adopts the findings by a 2/3 vote. The Commission is required to adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases. Page 3 AB 1398 (flute) makes the following changes to existing law: 1. Where a body other than an airport land use commission is designated to carry out the duties of an airport land use commission its membership must be augmented by two members representing airports within the county when the body acts in the capacity of an airport land use commission. 2. Each airport land use commission would be required to update its comprehensive land use plan at least once every five years. 3 . A member of a commission would require to be disqualified from participating in the review of any proposed action, regulation, or permit submitted to the Commission for approval by the local agency represented by the member. SB 633 (Rogers) makes the following changes to existing law: 1. Requires that the two members appointed by the managers of the airports in the county be experts in aviation rather than being persons representing airports within the county. 2 . Requires that if a body other than an airport land use commission is designated to perform the functions of the commission, it must, when acting as the airport land use commission, be augmented by two members having an expertise in aviation if it does not have such expertise within its membership. 3 . Repeals various provisions which sunset portions of existing law on January 1, 1989 and replaces them with other. provisions, meaning that existing law is left in place indefinitely. 4 . Requires that the comprehensive land use plan be reviewed as often as necessary in order to accomplish its purpose. An existing provision of law prohibiting amendment to the plan more than once in any calendar year is maintained. 5 . Allows the airport land use commission to submit to the Board of Supervisors a budget request specifying the amount requested, the purpose of the request and justification for the expenditure whenever the commission determine that there is an unmet financial need. The Board of Supervisors is not required to take any action with regard to the request. 6. Makes other changes not applicable in Contra Costa County. SB 633 has passed the Senate and is scheduled to be heard in the Assembly Local Government Committee on July 15, 1987. In summary, if both AB 1398, as introduced, and SB 633, as amended May 28, are enacted in their present form, and if Contra Costa County continues to have its separate Airport Land use Commission, the only significant changes would be the following: 1 . The members representing airports might have to be replaced with persons having expertise in aviation if the current members do not have that expertise. 2 . The Commission would be required to update their comprehensive land use plan every 5 years. 3 . The Commission would be required to review their comprehensive land use plan as often as necessary to further the legislative purpose of the Commission. Page 4 4 . A member of the Commission would be disqualified from reviewing any proposal submitted by the local agency that member represents. 5 . The Commission would be allowed to present a budget request to the Board of Supervisors. Our Committee met with County Counsel and Barry Basse, Chairman of the Aviation Advisory Committee, on July 13 . It is our conclusion that the issue of whether a member of the Board of Supervisors should serve on the Airport Land use Commission does not rest on whether SB 633 or AB 1398 passes the Legislature. We believe Ms. Ellis has provided valuable service to the Airport Land Use Commission and the Aviation Advisory Committee and should be reappointed. We know of no member of the Board who is interested in serving on the Airport Land Use Commission and, therefore, recommend that Grace Ellis be reappointed.