SUMMARY MINUTES ALAMEDA COUNTY AIRPORT LAND USE COMMISSION Wednesday, July 17, 2013 Approved as submitted September 18, 2013

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1 SUMMARY MINUTES ALAMEDA COUNTY AIRPORT LAND USE COMMISSION Wednesday, July 17, 2013 Approved as submitted September 18, 2013 The meeting was called to order by Commissioner Hauri at 2:07 p.m. 1. ROLL CALL Commissioners Present: Commissioners Excused: Commissioner Not Excused: Leander Hauri John Marchand Barbara Bolton Max Morris Deborah Ale Flint Olden Henson Jewell Spalding Anne Henny for Deborah Ale Flint Staff Present: Cindy Horvath Maria Elena Marquez Guests: Ben Murray, City of Livermore Steve Riley, City of Livermore 2. APPROVAL OF MINUTES OF JANUARY 16, 2013 AND FEBRUARY 20, 2013 ALUC MEETINGS The minutes of January 16, 2013 were approved as submitted. Motion made by Commissioner and seconded by Commissioner Spalding. Motion carried unanimously. Henson The minutes of February 20, 2013 were approved as submitted. Motion made by Commissioner Henson and seconded by Commissioner Hauri. Motion carried unanimously with Commissioner Spalding abstaining. 3. OPEN FORUM - Open forum is provided for any member of the public wishing to speak on any item not listed on the agenda. Each speaker is limited to three minutes. No public comment. 4. CITY OF LIVERMORE APPLICATION FOR GENERAL PLAN AMENDMENTS RELATED TO THE ALAMEDA COUNTY S UPDATED LIVERMORE AIRPORT LAND USE COMPATIBILITY PLAN Pursuant to Government Code Section (b)-(c), the City of Livermore has submitted proposed General Plan amendments for an ALUC Consistency Determination. Action Item. (Attachments) Staff summarized the staff report, noting that the City completed a very well structured consistency review. It satisfied the requirements that the State Aeronautics law for determining consistency between the LVK ALUCP and the city s general plan. The resolution was further revised after additional consultation with city staff on dates and correct reference numbers. The action will be to approve or accept the report of the general plan amendment.

2 Page 2 Commissioner Hauri said that the Livermore Airport Land Use Commission did approve general plan amendment and made a recommendation that they approve or find the general plan amendment consistent with the ALUCP for Livermore. Commissioner Henson referred to the staff report the last paragraph of page 1 and asked if city staff present could address the issue of the APA amendment proposal. Ben Murray, City of Livermore Senior Planner, said that they had two concurrent general plan amendments one big a proposal to modify the northeast quadrant of the airport protection area to allow residential use and the airport committee did not support. Commissioner Henson said that that would provide more intense residential development. Mr. Murray said that currently there is no residential development allowed within the APA. Staff asked Mr. Murray if the airport committee gave direction on how they want to proceed and if there has been any discussion about moving forward pursuing an APA change. Mr. Murray said that the station area planning for the potential of Isabel BART station will start sometime this fall and there will be several different project alternatives that will be studied for potential for housing within that area. The APA area will be analyzed during that time. Commissioner Hauri asked for a motion to approve the general plan amendments. Commissioner Henny made a motion to adopt Resolution , seconded by Commissioner Spalding. Motion carried. 5. CITY OF HAYWARD OVERRULE OF SECTION OF THE HAYWARD AIRPORT LAND USE COMPATIBILITY PLAN Pursuant to Government Code Section (b) City of Hayward has submitted a letter and Council Resolution regarding intent to overrule this portion of the HWD ALUCP. Information Item. (Attachments.) Commissioner Hauri referred to the letter sent by the City of Hayward regarding the overrule decision and findings regarding Section of the Hayward Airport Land Use Compatibility Plan, he said that the Commission found that justification to override per state law rather wait or not present. He was surprised to see the response from the Division of Aeronautics which was forceful, pinpointing certain items were in violation of the Aeronautics Act. Staff said that we have done our due diligence and so has the State regarding responding to the overrule with response letters within the mandated 30 days. Both letters will be included as part of the permanent record of the city s overrule. The city has indicated intention to respond to the State s letter. Commissioner Henson said Commissioner Hauri is right about the Department of Transportation forcefulness, however he doesn t know which other options are available to the Commission or the city. Staff responded that the law is very vague about this part of the process; it doesn t specify anything beyond what the City or Caltrans Division of Aeronautics has done. City staff said they are preparing

3 Page 3 some sort of a response. At this point there is nothing else for us to do. If they write us a letter in response then she will bring it to Commission. Commissioner Henson said that there are really significant safety issues in that letter and they have to be addressed. Staff said that her understanding is that if they approved the overrule last night they are not required to do anything further, however they may respond to the Caltrans Division of Aeronautics letter which was very strongly written and made excellent points and it was from the State Division of Aeronautics as opposed to the ALUC. Commissioner Henson said that the action taken last night was to override. Commissioner Spalding said that they didn t make specific findings they need to make and that is a material point. Staff concurred point was stated repeatedly in a number of areas - that they didn t make adequate findings to overrule. Commissioner Spalding said that this plan had been proposed in 2002 and has been pending. What obligation does the Commission have to revisit this? Are there any overriding factors that need to be adopted in view of the fact that the plan was pending for 10 years and jurisdictions within the sphere of influence should have been in force should have been unnoticed of this plan? She suggested the Commission draft a letter for the Attorney General to request the issues raised in the state s letter be addressed. Staff stated that until the plan is adopted any changes can be made to the plan and is not legally binding until officially adopted. Although the policies were discussed with Hayward over the last number of years they were under no obligation to adhere to those draft policies. J.V. McCarthy, Castro Valley resident, spoke about concerns with the FAA regarding the development of safety zones and standards. 6. ALUC COMMISSIONER AND STAFF FORUM Opportunity for members of the Commission and staff to share information or items of interest to the Commission and the Public. Commissioner Spalding referred to page 5 of the Division of Aeronautics letter, # 2, and said that she is familiar with the City s Safety Finding, and said that it is not consistent with reality. She asked if the Commission has any discretion on when a City does make proposed overriding findings as to whether or not they are based in any reality or if the Commission has the obligation to accept them. Commissioners Morris and Hauri said no, they are overriding the Commission position and the Commission doesn t have to investigate their facts whether it is legitimate or not.

4 Page 4 Staff said that her understanding is that they had their second hearing last night. They gave the required 45 days notice, and adhered to the law regarding the ALUC and Caltrans an opportunity to comment but as she said earlier the law is vague on what s next. Commissioner Morris said his position is that the Commission shouldn t go back and review their override. The Commission clearly stated its position and Caltrans supported it. Staff reiterated that the City is engaged in their general plan update process and that they intend to continue the consistency review determination, making their general plan consistent with ALUCP policies. They have to bring that back to us. During the general plan process, the city is not relieved of the obligation to come back to us with the rest of the determination, but from now on throughout the entire AIA does not apply. She asked the Commission wants her to write a letter to Caltrans to reinforce what has been said. Commissioners said yes. She asked the Commission if it would be appropriate for the ALUC to submit a letter to Caltrans as well as the AG office. Commissioner Morris said that the Commission needs to allow the State to handle it and the Commission has to stay out of it. Commissioner Spalding made a motion that staff draft a letter on behalf of the Commission outlining the issues which have been subject to our discussions. Commissioner Hauri seconded. Motion carried unanimously. Staff reported on the county s efforts to complete general and specific plan consistency determinations with all three ALUCPs. Staff spoke with city staff in Dublin and they are in the middle of their process; it is quite labor intensive to really do a good job and no one has done this before. We are all collaborating in this effort. Commissioner Hauri asked how many overrules Caltrans has responded to. Staff said that she had a conference call with County Counsel and Caltrans staff about what the city s findings were and Caltrans sent her three examples of other overrules not necessarily the same issues as Hayward s findings. They stated they do this fairly frequently. Commissioner Henson asked Ms. Horvath about Oakland s 180-day consistency review. She said that she talked to her supervisor about how to approach Alameda, Oakland, San Leandro about the 2010 Oakland plan. At the time, letters and s were sent, calls were made and there has been no response whatsoever from those jurisdictions. She will send a reminder letter and then turn over to County Counsel. 7. ADJOURNMENT Next scheduled ALUC Meeting: September 18, Commissioner Hauri made a motion to adjourn at 2:58 p.m.

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