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ORANGE COUNTY REGIONAL
AIRPORT AUTHORITY
DATE: November 10, 1999
TO: OCRAA Boardmembers
FROM: Peggy Ducey, Executive Director
SUBJECT: RETROCESSON OF LEGISLATIVE JURISDICTION
BACKGROUND
When the Navy acquired El Toro MCAS in 1943, the State of California granted partial
legislative jurisdiction of the base to the federal government. Partial legislative
jurisdiction authorized the federal government to exercise judicial powers, including law
enforcement and prosecution for crimes committed on the base. Judicial powers
automatically return to the State when the land is transferred to the County. Through
the retrocession process, the State Lands Commission can approve returning judicial
powers to the State before land transfer is actually completed. In 1998, the Navy
requested that their authority for partial legislative jurisdiction be changed to Proprietary
Interest. With Proprietorial Interest, the federal government has the same rights as any
private landowner. This means that the Orange County Sheriff will enforce all laws on
the base and crimes will be prosecuted in the State court system.
ETRPA, the City of Irvine, and TRP objected to the Navy's request for retrocession,
arguing the Commission's actions require compliance with CEQA. The County has
argued that approval of retrocession will not cause a physical change in the
environment, either directly or indirectly, but is a neutral process that does not
predetermine future uses of the base.
Since July, the Navy leased the County various on-base facilities to provide services to
the general public, including the golf course, child development center, and the stables.
Since the primary base services are now civilian and the federal staffing is reduced to a
minimum, it is appropriate that the County assume responsibility for law enforcement at
the base. This can only happen upon approval of the California State Lands
Commission. The Navy's application has been held up for almost a year, but the State
Lands Commission has scheduled a hearing for December 3`d in Ventura. It is important
that the State Lands Commission know the existing support in the County on this issue.
It is recommended that OCRAA, as well as each individual city member, to send a letter
of support to the three Commissioners urging a quick and positive approval for
retrocession on December 3`d
RECOMMEDATION
Authorize the Chairman to sign a letter of support to the State Lands Commission urging
approval of retrocession on December 3rd
Agenda Item B
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CITY HALL • 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 907406379
•
(562) 431-2527
November 22, 1999
The Honorable Cruz M. Bustamante
Chair, State Lands Commission
100 Howe Avenue
Sacramento, California 95825-8282
Dear Chairman Bustamante:
On behalf of the City of Seal Beach, I urge you to approve the application by
the Department of Navy for retrocession for the El Toro Marine Corp Air
Station. The State Lands Commission is scheduled to hear the Navy's request
on December 3rd in Ventura. Seal Beach supports the El Toro reuse planning
process and the desire of the County of Orange and Department of Navy to
beneficially use the property pending completion of the planning process.
Your approval of the Navy's request for retrocession is a key factor in the
CoInty's ongoing efforts to generate revenue from existing base assets to
defray the considerable cost of maintaining the property and preserving
public uses. Currently, the Navy and the County cannot fully utilize the
base resources for civilian use due to the concern about enforcement
authority. Once the State Lands Commission approves the Navy's request. the
base's full potential to service the civilian community can be realized.
I urge you to approve the Navy's request at your December 3rd hearing, and
facilitate a smooth transition of this property from a military facility to
an economic resource for all of Orange County.
Sincerely,
Paul Yost
Mayor