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HomeMy WebLinkAboutResolution No. 3765/±S RESOLUTION NO. 3765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THAT THE ORANGE COUNTY AIRPORT LAND USE COMMISSION NOT INCORPORATE THE AICUZ STUDY FOR AFRC LOS ALAMITOS INTO THE ORANGE COUNTY AIRPORT ENVIRONS LAND USE PLAN AND TO WITHHOLD CONSIDERATION OF THE SAME PENDING DEPARTMENT OF DEFENSE REVIEW WHEREAS, the Airport Land Use Commission is required by Public Utilities Code § 21670 et. seq. to adopt an Airport Land Use Plan for property impacted by public airports; and, WHEREAS, the Armed Forces Reserve Center, Los Alamitos is a public airport within the meaning of Public Utilities Code § 21675; and, WHEREAS, the Department of Defense pursuant to 32 CFR 256.1 et.seq. established the Air Installation Compatible Use Zone ( "AICUZ ") Study Process as the appropriate vehicle to determine the impacts on land uses surrounding DOD facilities; and, WHEREAS, the AICUZ process identifies both "Clear Zones" where no or extremely limited development should occur, and "Accident Potential Zones" where limited development should occur; and, WHEREAS, the criteria for developing the AICUZ study specifically provides that considerations of actual runway use, accident history, and wind conditions are to be included in the determination of Clear Zones and Accident Potential Zones, 32 CFR 256.3(c)(2)(iv); and, WHEREAS, the "Final Report, Air Installation Compatible Use Zone (AICUZ) Study, Armed Forces Reserve Center, Los Alamitos Army Airfield, Los Alamitos, Orange County, California" dated December 1989 and prepared for the U.S. Army Corps of Engineers by the Chambers Group, Inc. purports to set forth new proposed Clear Zones and Accidental Potential Zones for AFRC, Los Alamitos; and, WHEREAS, the Chambers AICUZ study failed to analyze those factors set forth in 32 CFR 256.3(c)(2)(iv) as well as other considerations; and, WHEREAS, there appear to be numerous technical errors which should be addressed or corrected prior to further considerations of the Chambers AICUZ Study; and, WHEREAS, the Chambers AICUZ Study was based on direction to study AFRC, Los Alamitos as a Class B airport which is not reflective of the vast majority, (some 98 %) of use of the facility as a helicopter facility; and, WHEREAS, the Chambers AICUZ Study, including the Clear Zones and Accident Potential Zones, are not to be considered permanent, binding, or effective unless and until approved by the Secretary of Defense or the appropriate designated Assistant Secretary; and, -1- WHEREAS, the City of Cypress has requested the Department of Defense to review the Chambers AICUZ Study, including the Clear Zones and Accident Potential Zones, in light of actual use of AFRC, Los Alamitos prior to DOD approval of the same; and, WHEREAS, the proposed Clear and Accident Potential Zones in the Chambers AICUZ Study will significantly impact seven (7) Orange County cities; and, WHEREAS, the proposed Clear and Accident Potential Zones in the Chambers AICUZ Study will detrimentally impact those property rights of the property owners by reducing the value of their property based of the reduced uses permitted in the Clear and Accident Potential Zone; and, WHEREAS, Federal Regulations, 32 CFR 256.5, specifies that private property in the Clear Zone should be acquired by the Federal Government and implies similar considerations apply to private property in the Accident Potential Zones; and, WHEREAS, such an outcome would further burden and already deficit ridden federal budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. That the City Council requests that the Orange County Airport Land Use Commission not incorporate the Clear Zones and Accident Potential Zones for AFRC, Los Alamitos from the Chambers AICUZ Study into the Orange County Airport Environs Land Use Plan. SECTION 2. That the City Council requests that the Orange County Airport Land Use Commission withhold any further consideration of the Chambers AICUZ Study for AFRC, Los Alamitos at least until the AICUZ study is approved by the Secretary of Defense or the appropriate Assistant Secretary. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 29th day of May , 1990. MAYO OF THE CI Y OF C PRESS ATTEST: CITY CLERK OF T CIF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, DARRELL ESSEX, City Clerk of the City of Cypress, California DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 29th day of May , 1990, by the following roll call vote: -2- AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Kanel CIT CLERK F HE rITY OF CYPRESS