HomeMy WebLinkAbout2018-04-17; City Council; ; AB 3119 - the San Diego Unified Port Consolidation ActEnvironmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (CEQA) in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act (California Government Code
Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. Letter in opposition to AB 3119 -the San Diego Unified Port District Consolidation Act
2. AB 3119 -San Diego Unified Port Consolidation Act
April 17, 2018 Item #3 Page 2 of 19
April 17, 2018
The Honorable Cecilia M. Aguiar-Curry
Chair
Assembly Local Government Committee
P.O. Box 942849
Sacramento, CA 94249-0004
EXHIBIT 1
{city of
Carlsbad
The Honorable Marie Waldron
Vice Chair
Assembly Local Government Committee
P.O. Box 942849
Sacramento, CA 94249-0075
Dear Assemblymembers Aguiar-Curry and Waldron,
The City of Carlsbad opposes AB 3119, the San Diego Unified Port District Consolidation Act
(Gonzalez Fletcher). This bill would eliminate the San Diego County Regional Airport Authority
and give control of San Diego International Airport (SDIA) to the San Diego Unified Port District.
In 2000, the State Legislature established a singularly focused Airport Authority to represent
the entire San Diego region, bringing significant improvements to the air transportation system
in San Diego County. Several major Airport Authority projects, including the $850 million
Terminal 2 expansion, have been completed on time and on budget. Approximately $415
million in Terminal 2 contracts were awarded to local businesses, with $118 million of that
going to small businesses. Small and local businesses have benefitted from many other Airport
Authority projects, including the $316 million Rental Car Center, the $128 million Parking Plaza,
and the $229 million Federal Inspection Station. The Airport Authority also changed the airport
concessions program from an operation run by a single master concessionaire to one that
provides numerous opportunities for local restaurants and retail businesses to operate at SDIA.
The Airport Authority's current governance structure ensures that the City of Carlsbad, and
every other city and unincorporated area in San Diego County, has a voice in the governance of
SDIA and in the land use decisions affecting lands surrounding the 16 airports throughout San
Diego County, including McClellan-Palomar Airport in Carlsbad. As AB 3119 proposes to
eliminate our representation on the Airport Authority board, it is simply unacceptable that local
land use decisions and those concerning a regional asset as important as SDIA would be made
solely by the five Port District cities. Approximately half of the County's three million residents
and their elected representatives would be disenfranchised if AB 3119 is enacted into law.
For these reasons, the City of Carlsbad opposes AB 3119, and I urge you to vote against this
legislation when it is considered by your committee.
Sincerely,
Matt Hall
Mayor
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Ca rlsbad, CA 92008 I 760-434-2820 t
April 17, 2018 Item #3 Page 3 of 19
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1 170006. For the purposes of this division, the following terms
2 have the following meanings, unless the context requires otherwise.
3 ( a) The "authority" "Authority" means the San Diego County
4 R~gionalAirportAuth-ority established under this division. Unified
5 Port District established under the San Diego Unified Port District
6 Act (Chapter 67 of the First Extraordinary Session of the Statutes
7 of 1962).
8 (b) The "board" "Board" and "board of directors" means the
9 governing board ofthe auth-ority established as specified in Chapter
10 2 (commeooing with Section 170010). Board of Commissioners
11 · of the San Diego Unified Port District.
12 (c) The "consolidated agency" means the authority resulting
13 from the consolidation of the San Diego } .. ssociation of
14 Governments and the transit boards pursuant to Chapter 3
15 (commencing with Section 132350) of Division 12.7.
16 (d) The "east county cities" means the Cities of El Cajon, La
17 Mesa, Lemon Grove, and Santee.
18 (e) The "north county coastal cities" means the Cities of
19 Carlsbad, Del :Mar, Encinitas, Oceanside, and Solana Beach.
20 (f) The "nor1=..h county inland cities" means the Cities of
21 Escondido, Pew.ray, San Marcos, and Vista
22 (g) The "port"
23 (c) "Port," ''port district," or "district" means the San Diego
24 Unified Port District established under the San Diego Unified Port
25 DistrictAct (Chapter 67 of the Statutes of 1962, First Extraordinary
26 Session). Session of the Statutes of 1962).
27 00
28 ( d) +he-"San Diego International Airport" means the airport
, 29 located at Lindbergh Field in the County of San Diego.
30 (i) The "south county cities" means the Cities of Chula Vista,
31 Coronado, Imperial Beach, and National City. ·
32 SEC. 7. Chapter 2 (commencing with Section 170010) of
33 Division 17 of the Public Utilities Code is repealed.
34 SEC. 8. Section 170032 of the Public Utilities Code is repealed.
35 170032. (a) The authority may sue and be sued in all actions
36 and proceedings, in all courts and tribunals of competent
37 jurisdiction.
38 (b) All claims for money or damages against the authority are
39 governed by Part 3 (commencing ¥.rith Section 900) and Part 4
April 17, 2018 Item #3 Page 8 of 19
-8-AB 3119
1 (E) Property leased to Sky Chefs, Incorporated, located at 24 50
2 Winship Lane and identified as Document No. 37740 on file vlith
3 the clerk of the port (Parcel No. 012 025). · ·
4 (F) (i) Property located at Parcel No. 034 002 and identified
5 as Pond 20. The port shall retain ovmersbip of Pond 20 and shall
6 reimburse the airport fund for the fair market value of that property.
7 The fair market value shall be determined by appraisal and
8 negotiation. If there is no agreement follov,1ing that negotiation,
9 then the amount of payment shall be determined by arbitration.
10 (ii) On January 1, 2003, the port shall commence repayment to
11 the airport of the negotiated or arbitrated fair market value for the
12 property. The repayment schedule shall be a 10 year amortized
13 payment plan vii.th interest based upon the rate of 1 percent above
14 the prevailing prime rate.
15 (2) The follov,ring additional real properties shall be transferred
16 from the port to the authority:
17 (.,.A..) Property
18 (b) All interest in the real property and improvements adjacent
19 to Pond 20 located at Parcel Nos. 042-002 and 042-003 (this parcel
20 encompasses approximately two or three acres).
21 (B) Property
22 (c) All interest in the real property and improvements acquired
23 as Parcel No. 034-001 from Western Salt Processing Plant and
24 identified as Document No. 39222 from GGTW, LLC.
25 (3) The follmving nonairport, real properties that presently
26 provide airport related services shall also be excluded from any
27 land transfer to the authority:
28 (f ... ) 1Aillport employee parking lot located at Harbor Island Drive
29 , and Harbor Island Drive East identified as District Parcel No. 30 007 020.
31 1 (B) A.iiporttaxi and shuttle overflowlotlocatedatthe southeast
32 corner of North Harbor Drive and Harbor Island Drive identified
33 as District Parcel No. 007 025.
34 (C) Property leased to National Car Rental System, Incorporated,
35 located east of the southeast corner of North Harbor Drive and
36 Harbor Island Drive identified as District Paxcel No. 007 034.
37 (D) Property leased to The Hertz Corporation located east of
38 the southeast comer of North Harbor Drive and Harbor Island
39 Drive identified as District Parcel No. 007 035.
April 17, 2018 Item #3 Page 11 of 19
-11-AB3119
1 may submit the matter to binding arbitration in San Diego in
2 accordance with the Commercial Arbitration Rules of the A.merican
3 Arbitration li.ssociation. In the event airport operations cease to
4 exist on the property leased to the authority prasuant to tbis section,
5 controlofthepropertyv;illreverttotheportasprovidedinSection 6 · 170060.
7 (3) All other terms of the ground lease shall be in accordance
8 1Nith reasonable commercial practice in the San Diego area for
9 long term real property ground leases.
10 SEC 12. Section 170058 of the Public Utilities Code is
11 repealed
12 170058. Property adjacent to the San Diego International
13 Airport, o\vned by the port, and commonly referred to as the
14 "General Dynamics Property" shall continue to be operated by the
15 poff:
16 SEC 13. Section 170062 of the Public Utilities Code is
17 repealed.
18 170062. (a) The authority may, in its sole discretion, from
19 time to time, enter into agreements ·.vith the port for services
20 including, but not limited to, operations, maintenance, and
21 purchasing, as the authority may find necessary or beneficial to
22 facilitate the operation of San Diego International Airport.
23 (b) The authority shall have no obligation to purchase orprooure
24 any services, facilities, or equipment from or through the port.At
25 no time shall the authority be obligated to purchase auditing, public
26 affairs, and governmental relations, strategic planning, legal, or
27 board support services from the port. Ho..,,ve:ver, the authority may
28 elect to obtain these services and support in agreement v,nh the
29 poff:
30 (c) Performance of all these services shall be subject to the
31 direction and control of the authority, and shall be provided in
32 accordance v;ith specifications, policies, and procedures as
. 33 communicated by the authority to the port from time to time. In
34 all cases, the port shall provide services of sufficient quality,
3 5 quantity, reliability, and timeliness to ensure that the authority can
36 continue the operation, maintenance, planning and improvement
37 of and for San Diego International ,.\iiport consistent ·.vith the
3 8 standards and practices under which the airport is operated on the
3 9 effective date of the act that added this subparagraph or higher
40 standards as the authority may adopt, or as may be required in the
April 17, 2018 Item #3 Page 14 of 19