Chapter 3Powers and Duties
Section § 170030
This law section states that the authority can continue indefinitely and has the freedom to create and change its own official seal whenever it wants.
Section § 170032
This law section states that the authority can participate in legal actions, meaning they can both file lawsuits and be sued in any court that has the right to hear the case. If someone wants to claim money or damages from the authority, the process is regulated by specific parts of the Government Code.
Section § 170034
This law essentially says that the authority can apply and enforce everything stated in Section 120242 within its own region.
Section § 170035
This section states that the authority is recognized as a local agency under the California Disaster Assistance Act. This means it can participate in disaster assistance programs and receive related aid.
Section § 170036
This law states that the authority can operate in the same way as a city police department, city, local government, or public agency for specific legal purposes related to the Civil Code.
Section § 170038
This law allows an authority to acquire, manage, and dispose of property either inside or outside its jurisdiction to achieve its goals. They can do this through various means, including buying, leasing, or receiving property as a gift.
Section § 170040
This law allows the authority to make contracts with federal, state, or local government agencies, or even with private individuals or entities. The terms and conditions of these contracts are up to the authority as long as it believes the deal serves its best interests.
Section § 170044
In this section, it's stated that usually decisions made by the board of directors need a majority vote from all the members, unless there's a specific rule in the chapter that says otherwise.
Section § 170048
This law gives the authority in charge of San Diego International Airport the exclusive right to study, plan, and implement airport improvements or expansions. It can carry out studies to help make decisions about future airport projects.
The San Diego Association of Governments must work with this authority to include airport plans in the regional transportation plan as per state and federal laws. Additionally, there's a collaborative effort required among the authority, local agencies, and the Department of Transportation to ensure effective access to airports. The authority also has the power to draft a comprehensive plan for the future development of the airport.
Section § 170050
This law specifies that in San Diego County, only one particular agency has the right to take over airports that the U.S. government no longer needs and makes available for state or local use.
Section § 170052
This law requires the authority in charge of airport facilities to manage all aspects of the airport's development and operations. This includes deciding on the locations of terminals, hangars, and other necessary facilities, as well as ensuring efficient street and highway access to minimize traffic congestion near the airport.
The authority must also provide mass transportation access in collaboration with the relevant public transportation agency. Additionally, they should explore intercity bus and rail services to terminals if proven feasible and cost-effective, aiming to make traveling more convenient for passengers.
Section § 170054
This law requires the formation of an advisory committee in San Diego to help with the planning and development of airport facilities, including those related to the Department of Defense. The committee should include experts in different areas such as airport management, air transportation, and regional economic development. Representatives from local governments, universities, and the Department of Defense should also be included if possible. The aim is to have a diverse group of people that represent the entire county.
Section § 170056
This law section details the transfer of ownership and control of the San Diego International Airport from the port to a new authority. It specifies that all airport-related properties, contracts, financial obligations, and personal property will be transferred, except for certain properties that will remain with the port. These exceptions include properties leased to specific companies like General Dynamics, Solar Turbines, and various rental car companies.
Additionally, the port will retain certain non-airport properties providing related services, like parking lots and rental car facilities. Financial obligations tied to airport operations will also transfer, but properties under grandfathered leases will not. The law describes a long-term lease agreement for these properties, including terms for rent payments and valuation adjustments based on fair market value. If operations end, properties revert to port control.
Section § 170058
This law states that the property next to the San Diego International Airport, known as the 'General Dynamics Property', will remain under the operation of the port authority that currently owns it.
Section § 170060
This law section is about the management and leasing of airport land where the port retains ownership but leases out control of the airport property to an authority for 66 years at a low annual cost of one dollar. If the authority stops airport operations, control goes back to the port. The port can deal with contracts for the land and must handle documents related to the California Environmental Quality Act jointly with the authority until the airport is officially transferred. Once transferred, the authority takes over. If the port acquires more land necessary for the airport, it will be included in the lease. The authority is responsible for applying for any improvement permissions needed from the California Coastal Commission and other agencies, and the port should help with these applications.
Section § 170062
This section explains the relationship between the San Diego International Airport authority and the San Diego Unified Port District. The airport authority can choose to enter agreements with the port for various services, like maintenance or operations. However, they're not required to buy or use these services and can seek other providers if they prefer.
The port must follow the airport authority's directions and meet certain performance standards that ensure high-quality, reliable airport operations. The port has to offer services, including those by the Harbor Police, that meet or exceed the quality standards set by the largest airports in California. The costs for services provided by the port will be reimbursed by the airport authority, as long as detailed invoices are submitted monthly.
Importantly, the San Diego Harbor Police stay under the control of the San Diego Unified Port District, with no loss of jobs or benefits for its employees, and they exclusively handle law enforcement at the airport. This setup remains while the airport is at Lindbergh Field.
Section § 170064
This law outlines how the authority overseeing the San Diego International Airport is funded. Initially, the port must provide at least $1 million annually from airport-related revenues to the authority until the airport and its revenue streams fully transfer to the authority. The authority can request a larger budget if needed, which the port must approve without changes. Once the transfer is complete, the authority will fund itself through revenue streams such as fees and rents. The authority should try to maximize its income from businesses on airport property and can also receive state and federal grants for airport operations and development.
Section § 170066
This law section specifies that no other agency in San Diego County can apply for grants to significantly expand air capacity without approval from the regional air transportation authority to ensure alignment with their plan. Additionally, unless specified otherwise, publicly owned airports in San Diego County, except for the San Diego International Airport, are not under the authority's control when applying for or receiving grants for regular maintenance and upgrades.
Section § 170068
This law outlines that an authority in San Diego County can only take over other publicly owned airports if the current operator starts the transfer process. This ensures that assets and responsibilities move smoothly with a transition plan. The authority won't take on any financial obligations except those related to running the airport being transferred.
Section § 170070
This law allows a specific authority to issue bonds for funding airport facilities and projects. These bonds are backed by revenue from the facilities and aren't subject to certain legal limitations. The authority's board must approve the bond issuance by a majority vote, detailing the purpose, amount, term, interest rate, and sale conditions. The law allows for flexibility in bond management, including issuing new bonds to replace old ones, known as refunding bonds. It also permits entering into agreements to ensure the bonds' liquidity. The statute provides an alternative process that doesn't require adherence to other bond-related laws unless a conflict arises.
Section § 170072
This law states that certain authorities in California can impose special benefit assessments, which are essentially additional charges on properties that benefit from specific local improvements. These charges are used to fund capital projects like infrastructure or enhancements. Examples of such assessments include those guided by established acts such as the Improvement Acts of 1911, 1915, 1913, and the Landscaping and Lighting Act of 1972.
Section § 170074
This law allows the authority to borrow money by following specific guidelines laid out in certain sections of the Government Code. Essentially, it provides reference to how and under what conditions the authority can obtain funds through borrowing.
Section § 170076
This section allows an authority to borrow money before selling bonds, through something called bond anticipation notes. These notes can't last more than five years and should be paid off once the actual bonds are sold. The notes can't exceed the total bond amount approved and must be issued like regular bonds.
Additionally, the authority can secure financing by dealing with a joint powers authority, which might involve buying, selling, or leasing property. This can be done under specific terms like interest rates and payment schedules, and doesn’t have to follow other laws except the ones in this section.
Section § 170078
This law allows a governing body to initiate legal proceedings to confirm the legality of its financial instruments like bonds or notes. It ensures that their revenue collection methods and charges are lawful.
Section § 170082
This law section discusses the obligations associated with issuing bonds and similar financial instruments by an authority. It clearly states that any agreements made during the issuance of these financial products form a binding contract between the authority and the bondholders. These agreements can be enforced legally in court. Even if the authority is dissolved or a territory withdraws, they are still responsible for outstanding debts as if the authority hadn't dissolved or changed. Furthermore, any revenues from properties or improvements tied to the bonds must continue to be used for bond payments, no matter who owns or controls these assets in the future.
Section § 170084
This law states that when an authority is created, it must honor all existing employment agreements and contracts that the port had with its labor organizations or employees. Employees from the port's aviation division will become employees of the new authority, experiencing no job loss or reduction in wages, benefits, or other employment terms due to the changes introduced by this law. Essentially, employees should not face negative impacts on their employment status because of the authority's establishment.