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Home My WebLink About2018-04-10; City Council; ; McClellan-Palomar Airport Discussion~ CITY COUNCIL ~ Staff Report Meeting Date To: From: Staff Contact: Subject April 10, 2018 Mayor and City Council Kevin Crawford, City Manager Jason Haber, Assistant to the City Manager Jason.Haber@carlsbadca.gov McClellan-Palomar Airport Discussion Recommended Action CA Review c:l3 Discuss City Council goals and objectives concerning McClellan-Palomar Airport and the County of San Diego's Airport Master Plan Update, and direct staff on implementation of next steps. Executive Summary This item frames a discussion for the City Council to identify its short-term and long-term goals and objectives concerning the city's relationship to McClellan-Palomar Airport and the County of San Diego's proposed Airport Master Plan Update, and presents a range of potential strategies for the city to pursue to identify and address community concerns about airport operations and facilities. Discussion Background McClellan-Palomar Airport is owned and operated by the County of San Diego and located within the municipal boundaries ofthe City of Carlsbad. On January 18, 2018, the county released its proposed McClellan-Palomar Airport Master Plan Update and Draft Program Environmental Impact Report {DEIR). On February 20, 2018, the City Council received a presentation from staff and the law firm of Kaplan Kirsch Rockwell (KKR) regarding the City of Carlsbad's land use and regulatory authority related to the Master Plan Update. At that time, Council requested that staff obtain cost and scheduling information regarding a potential city ballot measure, and prepare a discussion of other available strategies to address community concerns. A draft comment letter on the Airport Master Plan and DEIR was presented for Council discussion and approval on March 13, 2018, and the city's comments were submitted to the county on Friday, March 16, 2018, in advance of the county's March 19, 2018, deadline. City Goals and Objectives Staff is recommending that Council discuss and identify its short-term and long-term goals and objectives concerning the city's relationship to the airport. In the short-term, for example, the city might wish to take a position to support, oppose, or monitor progress on the county's proposed Master Plan Update. Another potential short-term ·' April 10, 2018 Item #5 Page 1 of 2 objective might be to initiate a stakeholder dialogue to identify and understand community concerns and priorities about airport operations and facilities. Potential long-term goals might include, for example, seeking a change in the city-county- community dynamic concerning airport decision making or taking more aggressive steps to assert city authority to the extent permitted by law. City Strategies Staff and outside counsel from KKR will discuss with Council a range of possible strategies and tactics to achieve the goals and objectives that are identified by Council. One potential strategy that the City Council has discussed is a city ballot measure. As proposed, the county's Airport Master Plan Update and DEIR do not trigger the need for a vote pursuant to Carlsbad Municipal Code Section 21.53.015. However, California Elections Code Section 9603 allows an advisory election to be held on any date that the jurisdiction is permitted to hold a regular or special election. Although the county's next established election date is June 4, 2018, the deadline for adding a measure to that ballot has passed. As such, the San Diego County Registrar of Voters has provided an estimate of $10,000 -$35,000 for an advisory election to be placed on the November 2018 ballot. Fiscal Analysis No city funding is being requested at this time. Next Steps Upon Council direction, staff will develop and implement a short-term action plan, and will return to Council for further discussion of long-term strategies and tactics if the Council adopts long-term goals and objectives. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action of discussing goals and objectives concerning the city's relationship to the airport 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 None. 2 April 10, 2018 Item #5 Page 2 of 2 April 10, 2018 Mayor Matt Hall City of Carlsbad ~ CARLSBAD CHAMBER OF COMMERCE 5934 Priestly Drive, Carlsbad, CA 92008 760-931-8400 1200 Carlsbad Village Dr, Carlsbad, CA 92008 All Receive -Agenda Item # 5" For the Information of th;- CITY COUNCIL ACM ./ CA ,/ CC v' Date~(cM 7 coo/ Re: City' Goals and Objectives Concerning McClellan-Palomar Airport and County of San Diego Airport Master Plan Update Mayor Hall and Councilmembers, On behalf of the Carlsbad Chamber of Commerce I respectfully urge you to consider the important role the McClellan-Palomar Airport serves in our community and the potential benefits offered by the Master Plan Update. The Chamber and its members stand ready to assist the City as it crafts both near- term and long-term goals with respect to its relationship with the Airport. We are also committed to working with the County and City to help grow commercial air service to Carlsbad. For over 95 years the Carlsbad Chamber of Commerce has worked to promote a favorable business climate for the 1,600 businesses and more than 75,000 employees in and around the City of Carlsbad. This is why we pay close attention to issues in Carlsbad that could impact not only the ability of local businesses to thrive, but also matters that could impact the quality of life in our community. The Carlsbad Chamber is the second largest chamber in San Diego County and among the top ten in the State. Today Palomar Airport is among the largest employers in Carlsbad with over 400 individuals working at on-airport businesses. When accounting for the economic impact of these businesses, their employees, and the impact of visitors traveling through the airport, the airport generates over 2,500 jobs, $92M in personal income, $345M in business revenue and $20M in State and local taxes each year. In order to remain economically viable, the airport must adapt to aviation trends that favor more efficient aircraft with longer wingspans. Whereas in the past smaller airports including Palomar were served by turboprop equipment, today they are served by regional jets. Safety technology such as EMAS devices can now prevent aircraft from overrunning runways and they are being installed at airports large and small across the country. Any potential project can have drawbacks. We examined the Master Plan Draft EIR and while it concluded that significant impacts can be mitigated, we seek many of the same clarifications sought by the City and residents. The City's comment letter was a model of cooperation between the Council, Staff, and concerned residents and we are grateful for the efforts of all involved. We are hopeful that the County of San Diego will adequately address the City's comments on the Draft EIR. We have spent considerable time studying this issue, speaking with industry experts, and listening to our members. As we have previously communicated, our members are most excited about the prospect of commercial air service from multiple carriers and service to multiple destinations. Such air service will allow our members to reduce their total travel times, allow our businesses to compete globally as travel to and from these businesses is enhanced, encourage a number of greater leisure travelers and meeting attendees, and provide all residents with superior options as compared to long drives to and long lines at the San Diego or Orange County airports. The Master Plan improvements have the potential to multiply the current economic impact of the airport. While the increased activity results in increased tax revenue and City funding, protection of our quality of life is important not only to residents but also to businesses operating within the vicinity of the airport. We are only at the beginning of a process. We look forward to being a part of the ongoing effort, focusing on the best outcome for future of the Carlsbad community and our airport Sincerely, Ted Owen President & CEO CC: County of San Diego Faviola Medina From: Sent: To: Subject: FYI Thank you, Tammy"' City Clerk Tuesday, April 10, 2018 5:13 PM Jason Haber; Faviola Medina FW: Comments on the McClellan-Palomar Airport Master Plan Update and Draft Program Environmental Impact Report From: Jan Bandich Sent: Tuesday, April 10, 2018 4:58 PM To: Council Internet Email <CityCouncil@carlsbadca.gov>; Manager Internet Email <Manager@CarlsbadCA.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov>; City Clerk <Clerk@carlsbadca.gov> Subject: Comments on the McClellan-Palomar Airport Master Plan Update and Draft Program Environmental Impact Report I support the comments and concerns submitted by the City of Carlsbad in regard to the McClellan- Palomar Airport Master Plan Update and Draft Program Environmental Impact Report (DEIR) which was prepared in response to the Master Plan Update. There are many issues to be resolved and clarified and transparency is of the utmost importance for the Citizens of Carlsbad. One that I have heard mentioned is that there are many who want a non-stop flight direct to China -why is it that multitudes of people of Chinese descent coming into Carlsbad prefer a small airport without the degree of formal Customs and Passport examination, which they would experience at a major airport? Surely, it is not the few moments it would take to fly to the San Diego Airport, where their VISAS and PASSPORTS would be examined. I support the concerns of citizens, which they have clearly stated in writing and public speaking at Council Meetings and other venues, regarding the many impacts that changing the status of the airport include. Like all US airports, it is under the control of the FAA, but Carlsbad is unique in that the Citizens of Carlsbad have authority by way of a vote on whether or not the airport can expand and agree that this decision should be made by the voters in Carlsbad. Jan Bandich Carlsbad Resident May you always have: Love to share, Friends who care, and Health to spare. 1 Faviola Medina From: Sent: To: Subject: FYI Thank you, Tammy"' From: Council Internet Email City Clerk Tuesday, April 10, 2018 2:16 PM Faviola Medina; Sheila Cobian FW: Tonight's meeting Sent: Tuesday, April 10, 2018 2:11 PM To: City Clerk <Clerk@carlsbadca.gov> Subject: FW: Tonight's meeting - FYI - I forwarded this to council, but since it is not regarding an agenda item, I didn't send it to Morgen to distribute. From: On Behalf Of Cindi Clemons Sent: Tuesday, April 10, 2018 2:07 PM To: Council Internet Email <CityCouncil@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Matthew Ha II < Matt.Ha ll@carlsbadca.gov>; michael.schu macher@ca rlsbad .gov; mark. pack a rd@ca rlsbad .gov; cori.schumacher@caarlsbad.gov Subject: Tonight's meeting Dear Mayor and Council Members Because of the recent mass murder of students in Parkland Florida, a number of members and friends of the grassroots organization, neveragain CA, intend to make statements tonight during Public Comments asking you to consider joining Del Mar, Encinitas, and Solana Beach in opposing the 4 yearly Gun Shows at the Del Mar Fair Grounds. Our speakers are very passionate teenagers and other people with first hand experience to the school shooting at Kelly School in your City 7 years ago, We understand that your agenda is very full with important topics tonight and that you will not comment on our topic tonight. However, we would greatly appreciate it if you would allow our young people to all speak in the early Public Comments period so that they can say their pieces and go home early enough to study and get to bed for school tomorrow. Thank you sincerely Cindi Clemons 1 Tammy McMinn From: Sent: To: Cc: Subject: City Council Members, Council Internet Email Wednesday, April 11, 2018 8:01 AM City Clerk Jason Haber FW: Palomar Airport This email came in late yesterday afternoon. Andi From: Dee Forsberg, Global Hire Sent: Tuesday, April 10, 2018 4:07 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Palomar Airport Hello, My name is Dee Forsberg and I am writing you regarding the expansion of the Palomar Airport. Unfortunately, I am not able to make it to this evening's meeting, but I wanted to make sure my voice is being heard. I strongly oppose any expansion of the Palomar Airport. It will have a severe negative impact on our community with increased noise and air pollution. I have lived in the area for several years and the amount of indoor air pollution has increased significantly and additional aircraft flying in/out of Palomar is only going to make it worse. Not to mention the noise level, which is vastly greater even when there were more planes flying in/out. I love aviation, but this isn't the right place to have large planes fly in/out of. We should not walk away and allow San Diego County dictate to us what our quality and standards of life should be. Thank you for your service. A full-cycle executive search firm focusing on recruiting mid-level to executive management professionals Dee@GlobalHire.org - Licensed and Insured Carlsbad City Council Members, Assistant City Manager, and City Attorney Ray & Ellen Bender [2018 Apr Carlsbad city council pmp and peir strategies] April 10, 2018 Carlsbad City Council Meeting Agenda Item 5, McClellan-Palomar Tuesday, April 10, 2018 Executive Summary A. Carlsbad Goals & Objectives 1. Retain Palomar as a B-11 Airport. Y Fid_ll_c;_lflnQbligatiQfl __ q_ncl__I'ersonal Honor ofCJJ_ll_rtS,'il Members Y Existin:,{ Palomar Excess Capacity 2. Oppose a Runway Extension Placing a Runway Safety Area in the Palomar Landfill. Y Safety: the Runway East End Landfill. Y Safety: Increased Odds of Interfering with El Camino Real Traffic. ', Safety: Substantial Increased Risk of an Extended Runway Landfill Crash. Y Environmental: 'r Breach of' FAA Grant Assurances 3. Assure County Permanently and Properly Landscapes the Palomar Perimeters 4. Immediately Update the Carlsbad 2015 General Plan 5. Assure the SDRAA ALUC Reviews the 2010-2038 County PMP and/or Airport Layout Plan in 2018 to Update the McClellan-Palomar LUCP 6. Regain the Trust of Carlsbad Residents by Holding Workshops to Inform Carlsbad Residents of the True Risks of Converting Palomar to a C or D Airport. B. Strategies I. Ask the FAA to Review County Violation of FAA Grant Assurances Before Considering Further Grants to the County for Airport Improvements. >-County-Carlsbad Cooperation. >-FAA Grant Assurance Violations. 2. Schedule a Workshop with Planning Staff Available to Answer Questions About How county's 2018 -2038 PMP Affects the 2015 Carlsbad General Plan and its Policies. 3. Request the SDRAA ALUC to (i) Immediately Determine the Sufficiency of the Palomar LUCP Safety and Noise Zones and (ii) Consistency of the PMP with the Carlsbad GP. 4. Request the Cal Trans State Aeronautics Division to hold a public hearing before granting county a new or updated Palomar Operating certificate. 5. If the County Fails to Cooperate with Carlsbad in Good Faith on County's PMP and PEIR, Explore Returning the Airport Property to an Unincorporated Area of the County and Ceasing to Provide Carlsbad Services to the Airport. The Carlsbad staff letter to the council states the purpose of the April 10, 20 l 8 Council Meeting discussing Agenda Item 5 is to set: goals and objectives concerning McClellan-Palomar Airport and the County of San Diego's Airport Master Plan Update, and direct staff on implementation of next steps. We offer the following suggestions: A. Carlsbad Goals & Objectives 1. Retain Palomar as a B-11 Airport. Reasons supporting this goal include: Y Fi<jyciary Obligation and Personal Honor ojCouncil Members. By granting CUP 172, condition 11, to county to operate Palomar the Carlsbad City Council represented that Palomar would continue to be a "Keneral aviation basic tramport airport." The City Council has never voted to change this obligation. 1 As we have previously noted, the FAA 2017-2021 National Plan of Integrated Airport Systems, Schedule, expressly retains the categories of general aviation and basic airport systems. The question is simple: The question is not: Will county ignore Carlsbad? The question is: Will the council live up to what it promised its residents and object to county converting Palomar to an FAA-rated C or D airport? Y Excess Capacity. County's own 2018 -2038 PMP figures show that Palomar will handle 30% fewer operations than Palomar handled twenty years ago. If there is a public demand for commuter passenger service at Palomar, Palomar can handle it without any runway extension. 2. Oppose a Runway Extension Placing a Runway Safety Area (RSA) in the Palomar Landfill. Reasons supporting this goal include: Y Safety: the Runway East End Land/ill. Carlsbad's Year 2000 McClellan-Palomar 41-page staff report recognized that the 19 acre Unit 3 methane-emitting closed landfill sits a few hundred feet east of the runway end. County's 2013 internal but never released to the public report entitled "Evaluation of Possible Environmental Impacts of a potential Aircraft Crash into the Landfill Cover at Palomar Airport Landfill, Carlsbad, California" details the significant safety and environmental risks of a large, fuel-laden aircraft, crashing into the landfill. After Carlsbad's 2000 report, the Unit 3 runway had a six-month underground landfill fire and periodically reports methane gas emissions exceeding regulatory explosive limits. The last know exceedance was in January 2018. 1 We are aware that some Carlsbad staff at one time suggested the FAA had abandoned the concept of general aviation basic transport airports. Since we have demonstrated that the FAA retains this airport category, it is time for the council to address the issue directly rather than trying to repeatedly ignore it. Ignoring the issue simply shows council member bias. 2 - # .... ,. 1 2 3 4 ", Safety: Increased Odds of Interfering with El Camino Real Traffic. Today an aircraft landing short of the Palomar east runway end has about a 1200-foot extra margin of safety. If the runway is extended 800-feet, the margin decreases to about 400-feet. As a result, an extended runway will bring aircraft in lower and faster over hundreds of ECR vehicles and provide a greatly reduced safety margin. ';, Safety: Substantial Increased Risk ofan Extended Runway Landfill Crash. Table Showing Increased Palomar Risks for Large Aircraft Crashing into Palomar Runway East End Unit 3 Landfill with 19 Acres of Subsurface Plastic Methane Gas !Collection Piping ..... ....... Plane Max ! Max People Max Crash Risks: Fire , Size Weight I Approach At Risk Fuel Crater Explosion, Methane (Lbs.) Speed (In lbs.) Depth Gas Release (knots) A · 2,750 lbs 91 2 432 Low (72 gal) : Minimal B 30,000 121 12 ? '? C 60,000 141 30 ? ? D 91,000 lbs 166 50 41,300 High I (6,883 Large I gal) : As the above table shows, C and D aircraft weigh significantly more than A and B aircraft, carry much more fuel, and crash at much higher speeds. Combined, these factors elevate the safety and environmental risks of a crash into the Palomar east end methane- emitting landfill. Both the county and Carlsbad have an obligation to notify the passengers on C and D aircraft using Palomar of this elevated risk. ,.. Environmental: Among the issues the 2000 Carlsbad staff report raised were: How will 1.1 million cubic yards of deteriorating landfill trash in about 30 acres affect ground waters and will the ·'garbage juice'' migrate off the Palomar site. 2 Neither Carlsbad nor county has ever answered these questions. The Regional Water Quality Control Board did note in 2016 and 201 7 letters to the county that the county had repeatedly failed to meet the R WQCB Order 96-13 water quality objectives for multiple landfill contaminants. ", Breach of FAA Grant Assurances. Since it opened, county has accepted more than $30 million in FAA grants. One of the standard FAA Grant Assurances 2 We base the I. I mi Ilion cubic yard reference on Regional Water Quality Control Board Order 96-13 entitled "Waste Discharge Requirements.for Post-Closure Maintenance.fort County ofSan Diego Palomar Airport Sanitary Landfill." See the§ 3 tahle. 4 notes. The majority of the wastes accepted at the Palomar Airport Sanitary Landfill consisted of residential waste. The amount of municipal solid waste accepted at the landfill rangedfrom 30 to 50 tons per day up to a maximum o/200 tons per day. The landfill also accepted commercial, industrial, agricultural ancl pathological wastes as well as treated sewage sludge. " One or more of the Unit I, 2, and 3 Palomar landfills operated over a 14-year period. 3 provides that grant recipients shall not use airport property for non-airport purposes without the written consent of the Secretary of Transportation. 3. Assure County Permanently and Properly Landscapes the Palomar Perimeters 4. Update the Carlsbad 2015 General Plan to: ~ Determine whether any General Plan Policies apply to McClellan-Palomar Airport county infrastructure; ~ Determine how Carlsbad may conclude that its 2015 General Plan is "Self- Mitigating" if the county refuses to apply GP Policies to runway extensions and relocations and to converting Palomar to serve increasingly larger aircraft; ~ Determine how the Carlsbad General Plan greenhouse gas provisions must be adjusted to remain viable if county has no intent to comply with them at Palomar . 3 airport; ~ Determine how county's projected service ofup to 1,000,000 annual passengers by 2038 will affect air pollution, noise, and traffic in Carlsbad by 2038.4 5. Assure the SDRAA ALUC Reviews the 2010-2038 County PMP and/or Airport Layout Plan Immediately to Update the McClellan-Palomar Land Use Compatibility Plan 6. Regain the Trust of Carlsbad Residents by Holding Workshops to Inform Carlsbad Residents of the True Risks of Converting Palomar to a C or D Airport. B. Strategies 1. Ask the FAA to Review County Violation of FAA Grant Assurances Before Considering Further Grants to the County for Airport Improvements. ~ County-Carlsbad Cooperation. Explain how county has failed to satisfy the FAA Airport Improvement Program (AIP) Handbook Grant Intergovernmental Cooperation Requirements. ~ FAA Grant Assurance Violations. Ask the FAA to investigate whether county violated the FAA Grant Assurances by using airport property for non-airport 1 Presumably, if county fails to meet greenhouse gas mitigation policies for Palomar activities, Carlsbad will have to increase the strictness of the greenhouse policies otherwise applicable in Carlsbad to offset the greenhouse gases that county fails to offset. 4 County's PMP refers to an increase of about 500,000 "enplaned passengers." In the aviation industry, the term enplaned typically refers to passengers boarding an aircraft -as opposed to both embarking and disembarking. We understand the county has told members of the community that "500,000 enplaned" passengers means I million passengers using Palomar. For this reason, our PMP and PEIR comments to county requested county to clarify its meaning. 4 - , .. uses for 14 years by creating 30 acres of landfills on Palomar Airport without first receiving written permission from the Secretary of Transportation. 2. Schedule a Community Workshop with Planning Staff Available to Answer Questions About How the county's 2018 -2038 Palomar Master Plan Affects the 2015 Carlsbad General Plan and its Policies. 3. Request the SDRAA ALUC to (i) Immediately Determine the Sufficiency of the McClellan-Airport Land Use Compatibility Plan Safety and Noise Zones and (ii) Consistency of the 2018 -2038 PMP with the Carlsbad 2015 General Plan. ';., As the Carlsbad council is aware from recent Carlsbad residents appearing before the council, such residents say they were not timely informed of ALUC LUCP adoption and Carlsbad restrictions on their property near Palomar Airport. Accordingly, the council needs to implement a speedier and more transparent process in combination with the ALUC. ,.. It is not clear whether the ALUC based its current safety and noise zones on FAA-rated B aircraft or C and D aircraft. Although the C and D aircraft have been the actual FAA "critical design aircraft" for Palomar for more than a decade, the Palomar Airport Layout Plan lists the critical design aircraft as an FAA-rated B aircraft. If the ALUC used B-rated aircraft to determine the LUCP noise and safety zones, the zones could be inaccurate. ';., Converting Palomar to a D-III airport and/or extending/relocating the Palomar runway 800-feet to the east and 129 feet to the north will likely shift the current LUCP safety and noise zones somewhat. To minimize disruption to persons owning property near Palomar, the Carlsbad council should immediately request the ALUC to update the current McClellan-Palomar LUCP. When updating the LUCP, the ALUC must follow the State Aeronautics Division Airport Land Use Planning Handbook, which states: "Airport Master Plans -PUC 5i'ection 21676 (c) mandates that 'each public agency owning any airport within the boundaries ofan airport land use commission plan shall, prior to modification of the airport master plan, refer such proposed changes to the airport land use commission. ' The commission must then determine whether the proposed AMP is consistent or inconsistent with the adopted ALUCP fiJr that airport." (Page 6-3). We understand the county has not yet requested the ALUC to update the Palomar ALUCP even though the county has pursued its PMP projects (runway extension and relocation). We also understand that a letter from Carlsbad to the ALUC noting that (i) Palomar lies entirely within the city of Carlsbad, (ii) Carlsbad residents have been adversely affected by past delayed and non-transparent ALUC LUCP updates, and (iii) the ALUC should immediately began studying an update to the Palomar ALUCP since county has now circulated its PMP and PEIR for comment. 5 4. Request the Cal Trans State Aeronautics Division to hold a public hearing before granting county a new or updated Palomar Operating certificate. >" The State Aeronautics Code expressly provides in California Public Utilities Code § 21664.5 that an airport operator must obtain an amended airport- operating permit when a runway is extended. >" Carlsbad residents should have the right to provide the Aeronautics Division its opinions of the safety and environmental impacts of extending the McClellan-Palomar runway. >" A letter from the Carlsbad City Council to the State Aeronautics chief would assist Carlsbad residents in making their views known to the Aeronautics Division. 5. If the County Fails to Cooperate with Carlsbad in Good Faith on County's PMP and PEIR, Explore Returning the Airport Property to an Unincorporated Area of the County and Ceasing to Provide Carlsbad Services to the Airport. 6 .... 2 Minute McClellan-Palomar Airport Speech to City Council -April 10, 2018 2-,,._ 'c:,rn, tt"~ bd S'f°"-C-~L:, 0 I'd like to take this opportunity to clarify that citizen advocates are on the same side as the small private pilots and the commercial carriers who currently use, or want to use, the airport. None of us advocating want to close the airport or reduce its size. Rather, our desire is to preserve and maintain the FAA Design Class B-11 certified airport instead of a much larger Class D-111 (with Gulfstream 650 private passenger planes that can fly 8,000 miles .. .for reference, it's approximately 6,500 miles to Eastern Europe, Tokyo or Beijing from San Diego). I think it's important to note that as the airport currently stands, and with the runway the exact length as it is now, small private airplanes, flight schools and small commercial operations can serve our residents and local businesses. We can support commercial operations to short and midrange destinations as is evidenced by our recent non-stop service offered by Cal Jet to Las Vegas, or previously by SkyWest. As for each specific airline, it is obviously the company's decision about how best to remain a viable commercial operation in any market. I've toured the airport and the terminal. It's beautiful. I used the airport when an airline flew to Phoenix. The proximity of the airport is certainly a key feature for North County residents and businesses. In fact, North County is fortunate to have this airport. The current recreational pilots seem to be the responsible ones who follow the voluntary quiet hours and adhere to the minimum safe altitudes of 800 to 1000 ft from the existing terrain after takeoff. However, when I listen to the experience of other citizens, it seems that the corporate jets, who take advantage of the voluntary quiet hours, are the major concern and appear to be the ones not following a good neighbor policy. As I look at the plan and listen to the politicians, the goal is to increase the number of corporate jets via a larger runway. What is most worrisome are statements made by San Diego County Supervisor, Bill Horn on Dec 16, 2015 when he spoke on the agenda item, "Options for A New Master Plan for McClellan-Palomar Airport". He said, and I quote, " ... I think the folks that are tied down on the north side of the runway need to move to Fall brook or someplace else. You have a huge commercial operations going here with a lot of corporate jets coming in and out of there. This is the driver, this is the impetus for us lengthening the runway and doing all these safety issues there. It's no longer a little small airport that you can fly in and out of with your Cessna 210, so I think that those folks need to be put on notice that they're going to have to move 'cause you're going to have to have that space, and you're not going to be able to move them to the fixed space operator space. (unquote)" Supervisor Horn also mentions during this speech that the small plane pilots may want to move to either Fallbrook, Borrego or French Valley in Riverside. He concludes his speech with, "(quote) ... I think we have a great option here and I think we ought to use it." Supervisor Horn's primary concern is for the corporate jets that do require the changes, at taxpayer expense via the FAA, for a longer runway for takeoff to Asia and that DO require more space between the taxiway and runway, as well as more fuel during takeoff to fly to the faraway destinations. I would like to express my personal desire for the City of Carlsbad to advocate on behalf of its citizens to clarify to the County what's in the best interest of its existing residents, small private pilots, the existing businesses at the airport and the local North County businesses. Thank you for the time. Morgen Fry From: Sent: To: Cc: Subject: Please distribute. From: dave ohlson Council Internet Email Tuesday, April 10, 2018 7:56 AM Morgen Fry Jason Haber FW: McClellan-Palomar Airport Sent: Tuesday, April 10, 2018 7:34 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: McClellan-Palomar Airport Carlsbad City Council: All Receive -Agenda Item # ~ For the Information ofthe: CITY COUNCIL ACM./ CA ./cc .;- Date4/20/1i' CM i/ COO ./ A core aspect of the airport is that the City Council and the Airport operator has no control over the operation or aircraft. That is the function of other government. That is why the in and out flight paths recommended by the airport in order to control noise over surrounding residences cannot be enforced. The airport does outreach to users of the airport and indicated that it encourages voluntary compliance. There is and cannot be enforcement of the restriction. This is very apparent as flights over Bressi Ranch, from flight training and hiliocopters, regul~rly fly over the development and sometimes too low by regulation, instead of staying to the South and North as recommended. This situation becomes worse over the weekends. You will hear from private aircraft owners that they see absolute need for the airport. However, it quickly becomes clear the reason is simply for convenience and easy access to their hobby. The argument for expansion goes as follows. Pilots perceive some element of risk as they maneuver larger and larger aircraft at the airport. The proposed expansion supposedly takes that element of risk out of the pilots final determination of whether using the airport is too risky. Pilots flying larger aircraft will not use the airport when it becomes too risky to do so. That is the single most significant factor restricting the number of and size of aircraft using the airport. Expansion invites more and larger aircraft. What this does to the surrounding residential community is increase airport noise and air pollution from the airport operation. These two factors alone degrade the quality of life for people living near and down wind from the airport. On several occasions, driving close to the air port I have smelled the toxic fumes from uncombusted kerosine. I assume this has occurred through an error in fueling or the like. Be that as it may, the airport is a dirty operation. While there is some tax revenue to the city, I believe it to be small based on comments at informational meetings. So, while the planning committee, which now favors commercial interests over public, it would be disengenuous to use tax revenue as a motivator for approval. Carlsbad tries to present itself as environmentally aware but too many decisions reveal lack of follow through. In the end, quality of life and the desirability of Carlsbad so carefully planned several decades ago is for naught . . Do not support expansion of the the airport. 1 Morgen Fry From: Council Internet Email Sent: To: Monday, April 09, 2018 8:13 AM Morgen Fry Cc: Jason Haber Subject: FW: Airport Please distribute. -----Original Message----- From: Janis Murphy Sent: Sunday, April 08, 2018 9:10 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Airport We are in support of the Palomar Airport runway extension. Thank you! Janis and Chris Murphy 92008 Sent from my iPhone Janis 1 . All Receive -Agenda Item # _2 For the Information of the: CITY COUNCIL ACM ./CA ·./ .cc / DateL}/g/1~ CM 11/ COO /' AMENDED IN ASSEMBLY MARCH 22, 2018 California Legislature-2017-18 Regular Session ASSEMBLY BILL No. 3119 Introduced by Assembly Member Gonzalez Fletcher February 16, 2018 An act to amend Section 451 of Sections 170000, 170002, 170006, 170052, and 170056 of to amend the heading of Division 17 (commencing with Section 170000) of to add Sections 170085 and 170086 to, to repeal Sections 170032, 170044, 170058, 170062, and 170084 of to repeal Chapter 2 (commencing with Section 17001 OJ of Division 17 of and to repeal and add Section 170004 of the Public Utilities Code, relating to public utilities. the San Diego Unified Port District consolidation. legislative counsel's digest AB 3119, as amended, Gonzalez Fletcher. Public utilities: rates. San Diego Unified Port District consolidation. (I) Existing law establishes the San Diego Unified Port District and prescribes the functions, duties, and powers of the port district with regard to the acquisition, construction, maintenance, development, and regulation of the Port of San Diego, other tidelands and submerged lands, and navigable water surrounding the port within the port district's jurisdiction, as specified. Existing law establishes the · San Diego County Regional Airport Authority, as a local government entity of regional government, with specified jurisdiction extending throughout the County of San Diego, and prescribes the functions, duties, and powers of the authority relating to the operation, management, and development of the San Diego International Airport and airport facilities. -2-AB3119 This bill would enact the San Diego Unified Port Consolidation Act to consolidate the San Diego County Regional Airport Authority into the San Diego Unified Port District, and would specify that the port district is the successor to, and is vested with the powers, functions, and jurisdiction of the authority. The bill would provide that all title, 1 ownership, and interests of the authority, including, but not limited to, the San Diego International Airport and its supporting facilities owned and held by the authority is vested in the port district. The bill would require the port district to appoint an audit committee, comprising specified members, to meet at least 4 times per year and carry out duties relating to the conduct of the port district's accounting, audit, and performance monitoring processes, as described. The bill would repeal, amend, and add various provisions to effectuate the consolidation and would make related changes. By imposing new duties on a local government entity with regard to the consolidation of the authority and operation and management of the San Diego International Airport, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing lav,r authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges bejust and reasonable. E}dsting lmvrequires a public utility to furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and conveniep.ce of its patrons, employees, and the public. This bill v,rould make nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no-yes. State-mandated local program: no-yes. The people of the State of California do enact as follows: 1 SECTION 1. The heading of Division 17 (commencing with 2 Section 170000) of the Public Utilities Code is amended to read: ( 1 2 3 -3-AB3119 DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT l .. UTHORJTY UNIFIED PORT CONSOLIDATION ACT 4 SEC 2. Section 170000 of the Public Utilities Code is amended 5 to read: 6 170000. This division shall be known and may be cited as the 7 San Diego County Regional li.irport l...uthority Unified Port 8 Consolidation Act. 9 SEC 3. Section 170002 of the Public Utilities Code is amended 10 to read: 11 170002. There is hereby established the San Diego County 12 Regional Airport (a) The San Diego County Regional Airport 13 Authority, as-a local governmental entity of regional government, 14 w#lr-established by Section 170002, as it read on December 31, 15 2018, is hereby consolidated into the San Diego Unified Port 16 District. In addition of the port district's jurisdictional authority 17 before January 1, 2019, the port district shall have jurisdiction 18 extending throughout the County of San Diego. Diego, as specified 19 in this division. 20 (b) The San Diego Unified Port District is the successor to, and 21 is vested with, the powers, functions, and jurisdiction of the former 22 San Diego County Regional Airport Authority. Unless the context 23 requires otherwise, whenever the term "San Diego County 24 Regional Airport Authority" appears within any statute, it shall 25 be deemed a reference to the San Diego Unified PortDistrict. 26 SEC 4. Section 170004 of the Public Utilities Code is repealed Tl 170004. The Legislature finds and declares all ofthe follov,,.;.ng: 28 (a) Airports help to link local, regional, statewide, national, and 29 global economic activities. Airports are also essential features of comprehensive transportation systems, that include streets and higmvays, rail transit, transit over v,rater, and mass transit. 30 31 32 33 34 35 36 37 38 39 40 (b) It is essential to the public health, safety, and ,.velfare that airports be developed and operated in the San Diego County region so that those airports promote economic development, protect environmental quality, and enhance social equity. (c) The significant regional consequences of airport planning, development, and operations require the creation of a regional airport authority. SEC 5. Section 170004 is added to the Public Utilities Code, to read: -4-AB 3119 1 170004. (a) The Legislature finds and declares the following: 2 (1) The consolidation of the former San Diego County Regional 3 Airport Authority into the San Diego Unified Port District will 4 facilitate the planning necessary to properly mitigate traffic, 5 flooding, and other potential risks and impacts, and will prevent 6 interagency disputes that arise because of traffic, flooding, and 7 other potential environmental risks and impacts. 8 (2) The San Diego Unified Port District owns and is the trustee 9 of the lands underlying the San Diego International Airport, the 10 tidelands adjacent to the San Diego International Airport, and 11 large segments of the primary roadways that provide access to the 12 San Diego International Airport. 13 (3) The establishment of the San Diego Unified Port District 14 was affirmed by the voters of the port district's five member cities, 15 which include San Diego, Chula Vista, Coronado, National City, 16 and Imperial Beach, and the port district owned and operated the 17 San Diego International Airport until the Legislature, without 18 voter approval, created the San Diego County Regional Airport 19 Authority and transferred the ownership and operation of the San 20 Diego International Airport to the San Diego County Regional 21 AirportAuthority. 22 (4) A primary purpose of creating the San Diego County 23 Regional Airport Authority was to find an alternate site location 24 for the San Diego International Airport, and to place a measure 25 on the ballot to seek voter approval for such an alternate site. 26 However, in 2006, the voters of the County of San Diego rejected 27 the San Diego County Regional Airport Authority's ballot proposal. 28 (5) Returning management and control of the San Diego 29 International Airport to the San Diego Unified Port District would 30 effectuate the intent of the residents of the County of San Diego to 31 vest the authority to operate the airport with the port district. 32 (b) It is the intent of the Legislature to consolidate the San Diego 33 County Regional Airport Authority into the San Diego Unified 34 Port District, and to empower the port district with the powers 35 and authority of the San Diego County Regional Airport Authority 36 in addition to the powers and authority held by the port district 37 before January 1, 2019. 38 SEC 6. Section 170006 of the Public Utilities Code is amended 39 to read: -5-AB 3119 1 170006. For the purposes oftbis 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 · RegionalA.irportAuthority 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 of the authority established as specified in Chapter 10 2 (commencing 1,,vith 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 1\ssociation of 14 Governments and the transit boards pursuant to Chapter 3 15 (commencing \vith 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 "north county inland cities" means the Cities of 21 Escondido, Pov.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 th) 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 vlith Section 900) and Part 4 -6-AB 3119 1 (commencing v,rith Section 940) of Division 3.6 of Title 1 of the 2 Government Code. 3 SEC 9. Section 170044 of the Public Utilities Code is repealed. 4 17004 4. Except as othenvise specifically provided to the 5 contrary in this chapter, a recorded majority vote of the total 6 membership of the board of directors is required on each action. 7 SEC 10. Section 170052 of the Public Utilities Code is 8 amended to read: 9 170052. The authority shall be responsible for developing all 10 aspects of airport facilities that it operates, including, but not 11 limited to, all of the following: 12 (a) The location of terminals, hangars, aids to air navigation, 13 Runway Protection Zones (RPZ), Airport Influence Areas (AIA), 14 parking lots and structures, intermodal connections on airport 15 property, and all other facilities and services necessary to senre 16 passengers and other customers of the airport. directly and 17 substantially related to the air transportation of passengers or 18 property. 19 (b) Street and highway access improvements serving the airport 20 facility, and access, ingress, and egress with the objective of 21 minimizing, to the extent practicable, traffic congestion on access 22 routes or vehicle miles traveled in the vicinity of the airport. 23 ( c) Providing for public mass transportation access in 24 cooperation and coordination with the responsible public 25 transportation agency in whose jurisdiction the airport is located. 26 ( d) Analyzing and developing intercity bus and passenger rail 27 access to terminals in cooperation with an established agency or 28 organization experienced in developing and operating that service, 29 if the service or the technology proposed for implementation is 30 demonstrated to be in regular, scheduled revenue service and is 31 demonstrated to be a cost-effective investment when considering 32 both direct and indirect benefits. If that service is proven feasible, 33 the authority shall endeavor to maximize the convenience of its 34 patrons by incorporating the service into the design ofits terminals. 35 (e) Improvements, including, but not limited to, airport facility 36 projects, to protect the San Diego International Airport.from 37 potential environmental risks and impacts. 38 SEC 11. Section 170056 of the Public Utilities Code is 39 amended to read: -7-AB3119 1 170056. The port shall transfer all title and ovmership of the 2 San Diego International l.crrport to the authority consistent ,.vifu 3 the terms of the transfer under Section 170060 and shall include, 4 but need not be limited to, all of the follw.ving: All of the title, 5 ownership, and interests of the former San Diego County Regional 6 Airport Authority, including, but not limited to, those of the San 7 Diego International Airport and its supportingfacilities owned or 8 held by the former San Diego County Regional Airport Authority, 9 shall vest in the port district, which may record an instrument to 10 accurately reflect the title and ownership interest in any facilities 11 of the airport in the records of the San Diego County Recorder's 12 Office, including, but not limited to, the following: 13 (a) All interest in real property and improvements, including, 14 but not limited to, all terminals, runways, taxiways, aprons, 15 hangars,RunwayProtectionZones(RPZ),AirportlnfluenceAreas 16 (AIA), emergency vehicles or facilities, parking facilities for 17 passengers and employees, facilities, above and below ground 18 utility lines and connections, easements, rights-of-way, other rights 19 for the use of property necessary or convenient to the use of airport 20 properties, and buildings and facilities used to operate, maintain, 21 and manage the airport which is consistent with the Airport Layout 22 Plan (ALP) dated September 13, 2000, and identified as Drawing 23 No. 724 on file with the clerk of the port, subject to paragraphs 24 (1), (2), and (3).port. 25 (1) The follovling real properties shall not be transferred and 26 shall remain under the ovmership and control of the port: 27 (l\) All property originally leased to General Dynamics 28 Corporation and identified in Document No. 12301 on file ,.vith 29 the clerk of the port. 30 (B) Property subleased by the port from TDY Industries, Inc., 31 c/o Allegheny Teledyne (formerly Teledyne Ryan Aeronautical) 32 and identified as Document No. 17600 on file vt'ith the clerk of 33 the port. 34 (C) Property leased to Solar Turbines, Incorporated forparking 35 along Pacific Highv,ra;y and identified as Document No. 39904 on 36 file ,sith the clerk of the port (Parcel No. 016 026). 37 (D) Property leased to Solar Turbines, Incorporated, for parking 38 along Laurel Street and identified as Document No. 29239 on file 39 with the clerk of the port (Parcel No. 016 016 Parcel 2). -8-AB3119 1 (E) Property leased to Sky Chefs, Incorporated, located at 24 50 2 V/inship Lane and identified as Document No. 37740 on file •.vith 3 the clerk of the port (Parcel No. 012 025). · · 4 (F) (i) Propeiiy located at Parcel No. 034 002 and identified 5 as Pond 20. The port shall retain ovmership 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 following 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 following additional real properties shall be transferred 16 from the port to the authority: 17 (i\) 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 (}.) Anport 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) Airport taxi and shuttle overflow lot located at the southeast 32 comer of North Harbor Drive and Harbor Island Drive identified 33 as District Parcel No. 007 025. 34 (C) Property leased to National Car Rffl.tal System, Incorporated, 35 located east of the southeast comer of North Harbor Drive and 36 Harbor Island Drive identified as District Parcel No. 007 03 4. 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. -9-AB3119 1 (E) Property leased to Avis R~nt A Car Corporation located at 2 the southv,rest comer of North Harbor Drive and Rental Car 3 R-0achvay identified as District Parcel No. 007 036. 4 (F) Property leased to National Car Rental System, Incorporated, 5 located at the southeast comer of North Harbor Drive and Rental 6 Car Roachvay identified as District Parcel No. 007 038. 7 (G) Property leased in common to National Car R~ntal System, 8 Incorporated; The Hertz Corporation; and Avis Rent /' .. Car 9 Corporation known as Joint Use Roachvay identified as District 10 Parcel No. 007 037. 11 (H) Property leased to Jimsair, Incorporated, located on the 12 property previously k:novm as the General Dynamics Parcel, south 13 of Sassafras Street and 'Nest of Pacific Highv,ray adjacent to the 14 f .. irport OperationA.rea identified as District Parcel No. 016 042. 15 (I) Property leased to Budget Rent f .. Car of San Diego located 16 at both the northeast and southv,rest comers of Palm Street and 17 Pacific Higmvay identified as District Parcel No. 016 001 (Parcel 18 1 and 2). 19 (J) Property leased to Budget R~nt f~ Car of San Diego located 20 east of the northeast comer of Palm Street and Pacific Highway 21 identified as District Parcel No. 016 001 (Parcel 3). 22 (K) Property leased to Lichtenberger Equipment, Incorporated, 23 located north of the northeast comer of Palm Street and Pacific 24 Higw.vay identified as District Parcel No. 016 034. 25 (L) Property leased to Park and Ride, Incorporated, located at 26 the northeast comer of Sassafras and Pacific Higw.vay identified 27 as District Parcel No. 016 038. 28 (1,4) Property leased to Ace Parking Management, Incorporated, 29 located north of the intersection of Sassafras Street and Pacific 30 Highvmy identified as District Parcel No. 016 040. 31 (N) Property leased to Federal Express Corporation located at 32 the west end of the extension of \Vashington Street identified as 33 District Parcel No. 015 008. 34 ~ 3 5 ( d) All contracts with airport tenants, concessionaires, 36 leaseholders, and others, including, but not limited to, fees from 3 7 vehicle rental companies. companies, and collective bargaining 38 agreements with labor organizations and employment contracts. 39 fcj -10-AB3119 1 (e) All airport-related financial obligations secured by revenues 2 and fees generated from the operations of the airport, including, 3 but not limited to, bonded indebtedness associated with the airport. 4 The authority shall assume obligations issued or incurred by the 5 port for San Diego International Airport, including, but not limited 6 to, any long term debt, grants, and grant assurances. 7 8 (f) All airport-related financial reserves, inGluding, but not 9 limited to, sinking funds and other credits. 10 fej 11 (g) All personal property, including, but not limited to, 12 emergency vehicles, office equipment, computers, records and 13 files, software required . for financial management, personnel 14 management, and accounting and inventory systems, and any other 15 personal property owned by the pert-authority used to operate or 16 maintain the airport. 17 (f) Not\vithstanding any provision of this section, the port shall 18 agree to lease for a period of 66 years, commencing on January 1, 19 2003, to the authority parcels 1, 2, and 3 of the property originally 20 leased to General Dynamics (identified in Document No. 12301 21 on file :r,,vith the clerk of the port) consisting of approximately 89. 75 22 acres 1.vest of the Pacific Highv,ray and including property leased 23 to JimsAir (identified as Parcel #016 042), property leased to 24 Federal Express Corporation (identified as Parcel #015 008) and 25 the Park, Shuttle and Fly lot operated by Five Star Parking under 26 a management agreement vefith the port (identified as Clerk 27 Document No. 38334, dated March 29, 1999), subject to the 28 folloviing terms: 29 · (1) The rent shall be paid monthly in arrears and the annual rent 30 shall be level based on the fair market value of the property as of 31 January 1, 2006, and a market rate ofreturn on that date. 32 (2) The authority shall lease to the port at the same fairmarket 33 value per square foot a total of not to exceed 250 parking spaces 34 in reasonable proximity to the port's administrative building located 35 at 3165 Pacific Highv,'ily viith the authority having a right to 36 relocate or substitute substantially equivalent or better parking 37 from time to time. The parties shall first meet and confer to 38 determine by appraisal and negotiation the fair market value rent. 39 If the authority and port do not reach agreement 1.vithin 60 days 40 after commencement of meetings for that purpose, either party ( -11-AB 3119 1 may submit the matter to binding arbitration in San Diego in 2 accordance with the Commercial Arbitration Rules of the American 3 Arbitration li.ssociation. In the event airport operations cease to 4 exist on the property leased to the authority pursuant to this section, 5 control of the property 1.vill rer.rert to the port as provided in Section 6 · 170060. 7 (3) All other terms of the ground lease shall be in accordance 8 \Vith 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, ovmed by the port, and commonly referred to as the 14 "General Dynamics Property" shall continue to be operated by the 15 ~ 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 1.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 /jrport. 23 (b) The authority shall have no obligation to purchase or procure 24 any services, facilities, or equipment from or through the port. li.t 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. Hov,7€ver, the authority may 28 elect to obtain these services and support in agreement vlith the 29 ~ 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 vlith specifications, policies, and procedures as 33 communicated by the authority to the port from time to time. In 34 all cases, the port shall proyide services of sufficient quality, 35 quantity, reliability, and timeliness to ensure that the authority can 36 continue the operation, maintenance, planning and improvement 3 7 of and for San Diego International Airport consistent vlith the 3 8 standards and practices under 1.vhich the airport is operated on the 39 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 -12-AB3119 1 authority's judgment to meet the requirements of federal or state 2 lav,r, or the needs of the users of the airport for the safe, secure, 3 and efficient operation of the airport. The authority also, from time 4 to time, may establish performance standards for and may conduct 5 financial or performance audits, or both, of all services provided 6 by the port and all charges or claims for payment for the services 7 provided. 8 (d) Services provided by the Harbor Police shall in no event be 9 of less quality than the standard established for airport police 10 services by the three other largest airports, based on annual 11 passengers, in this state. The port shall cooperate fully, at its ovm 12 cost, in any financial or performance audit, or both, conducted by, 13 or on behalf of, the authority or by any government agency having 14 jurisdiction. 15 (e) The authority shall reimburse the port for the actual and 16 reasonable direct costs, including, but not limited to, an appropriate 17 allocation of general and administrative expenses associated vlith 18 the provision of that service, incUHed by the port to dew;er services 19 actually provided to the authority in accordance ·.vith the standards 20 and requirements described in this section. The port shall request 21 payment for services on a monthly basis. Those requests shall 22 provide details regarding each service or element thereof for \Vhich 23 payment is requested as the authority reasonably may request. The 24 authority shall have the right to re;;iev,r and approve any request 25 for payment for those services. Payment shall be due and payable 26 3 0 days after the request provided all necessary supporting 27 documentation is received by the authority. 28 (f) The San Diego Harbor Police Department shall remain under 29 the jurisdiction of the San Diego Unified Port District; and 30 employees shall incur no loss of employment or reduction in '.\rages, 31 health and v,r.elfare benefits, seniority, retirement benefits or 32 contributions made to retirement plans, or other terms and 33 conditions of employment as a result of enactment ofthis division. 34 The San Diego Harbor Police Depar.ment shall have the exclusive 35 contract for lav,r enforcement services at San Diego International 36 Airport during that time as the airport continues to operate at 37 Lin-dbergh Field, and peace officers of the Harbor Police shall 38 remain employees of the port. 39 SEC 14. Section 170084 of the Public Utilities Code is 40 repealed -13-AB 3119 1 170084. The authority shall assume and be bound by the terms 2 and conditions ofemployment set forth in any collective bargaining 3 agreement or employment contract bet\veen the port and any labor 4 organization or employee affected by the creation of the authority, 5 as v,rell as the duties, obligations, and liabilities arising from, or 6 relating to, labor obligations imposed by state or federal lmv upon 7 the port. 1\viation division employees of the port affected by this 8 division shall become employees of the authority and shall suffer 9 no loss of employment or reduction in v,rages, health and ·.velfare 10 benefits, seniority, retirement benefits or contributions made to 11 retirement plans, or any other term or condition of employment as 12 a result of the enactment of this division. No employee of the port 13 shall suffer loss of employment or reduction in 'Nages or benefits 14 as a result of the enactment of this division. 15 SEC. 15. Section 170085 is added to the Public Utilities Code, 16 to read: 17 170085. (a) Every employee of the former San Diego County 18 Regional Airport Authority shall become an employee of the port 19 district. 20 (b) In addition to any existing power granted in Section 23 of 21 the San Diego Unified Port District Act (Chapter 67 of the First 22 Extraordinary Session of the Statutes of 1962), the port district 23 may also bring an action in all courts and tribunals of competent 24 jurisdiction to determine the validity of any of its equipment trust 25 certificates or other evidence of indebtedness pursuant to Chapter 26 9 (commencing with Section 860) of Title 10 of Part 2 of the Code 27 of Civil Procedure. 28 (c) In addition to any existing power granted in Section 61 of 29 the San Diego Unified Port District Act (Chapter 67 of the First 30 Extraordinary Session of the Statutes of 1962), the port district 31 may also do all of the following: 32 (1) Levy assessments, reassessments, or special taxes, and issue 33 bonds related to (A) airport facilities projects and related 34 operations and mainten9nce; and (B) other projects, including, 35 but not limited to, operations and maintenance projects 36 independent of construction projects that are necessary to carry 37 out its duties and responsibilities pursuant to this act or the San 38 Diego Unified Port District Act (Chapter 67 of the First 39 Extraordinary Session of the Statutes of 1962). -14-AB3119 1 (2) Levy assessments, reassessments, or special taxes, and issue 2 bonds in accordance with the requirements of the Landscaping 3 and Lighting Act of 1972 (Part 2 (commencing with Section 22500) 4 of Division 15 of the Streets and Highways Code). 5 (3) Apportion any special benefit assessment levied by the port 6 district on any basis in accordance with Section 61 of the San 7 Diego Unified Port District Act (Chapter 67 of the First 8 Extraordinary Session of the Statutes of 1962), and any county in 9 which the port district is located may collect, at the request of the 10 port district, all special benefit assessments levied by the port 11 district, and cause those revenues to be deposited into the county 12 treasury to the credit of the port district, as set forth in that section. 13 SEC 16. Section 170086 is added to the Public Utilities Code, 14 to read: 15 170086. (a) The board shall appoint members to an audit 16 committee to serve as a standing committee for the port district. 17 Each member of the committee shall be a voting member. The 18 public members shall be appointed by the board for staggered 19 three-year terms. 20 (b) The board shall select the three public members from among 21 the following categories of persons, with no more than one 22 appointee from each category at any one time: 23 (1) A professional with experience in the field of public finance 24 and budgeting. 25 (2) An architect or civil engineer licensed to l:?ractice in this 26 state. 27 (3) A professional with experience in the field of real estate or 28 land economics. 29 (4) A person with experience in managing construction of 30 large-scale public works projects. 31 (5) A person with public or private sector executive level 32 decisionmaking experience. 33 (6) A person who resides within the airport influence area of 34 the San Diego International Airport (LindberghField). 35 (7) A person with experience in environmental justice as it 36 pertains to land use. 37 (c) The board may appoint other persons to serve as nonvoting, 38 noncompensated, ex officio members on the audit committee. 39 (d) In appointing the public members of the audit committee, 40 the board shall provide for selection policies, appointment -15-AB3119 1 procedures, conflict-of-interest policies, length-of-term policies, 2 and policies for providing compensation, if any. 3 (e) The audit committee shall serve as a guardian of the public 4 trust, acting independently and charged with oversight 5 responsibilities for reviewing the authority's internal controls, 6 financial reporting obligations, operating efficiencies, ethical 7 behavior, and regular attention to cashjlows, capital expenditures, 8 regulatory compliance, and operations. 9 (I) The audit committee shall meet a minimum of four times per 10 year and shall, at a minimum, do all the following: 11 (1) Regularly review the port district's accounting, audit, and 12 performance monitoring processes. 13 (2) At the time of contract renewal, recommend to the 14 appropriate committee and the board its nomination for an external 15 auditor and the compensation of that auditor, and consider at least 16 every three years whether there should be a rotation of the audit 17 firm or the lead audit partner to ensure continuing auditor 18 independence. 19 (3) Advise the appropriate committee and the board regarding 20 the selection of the auditor. 21 (4) Be responsible for oversight and monitoring of internal and 22 external audit functions, and monitoring performance of, and 23 internal compliance with, the port district policies and procedures. 24 (5) Be responsible for overseeing the annual audit by the 25 external auditors and any internal audits. 26 (6) Make recommendations to the port district regarding 27 paragraphs (1) to (5), inclusive. 28 (g) An affirmative vote by at least five members of the audit 29 committee shall be required for approval of the annual internal 30 and external audits, including performance monitoring, the 31 auditor's annual audit plan for each fiscal year submitted to the 32 board for approval, and actions recommending or approving debt 33 financing for the port district. 34 (Amended by Stats. 2013, Ch. 83, Sec. 8. (AB 1058) Effective 35 January 1, 2014.) 36 SEC 17. The provisions of this act are severable. lf any 37 provision of this act or its application is held invalid, that invalidity 38 shall not affect other provisions or applications that can be given 39 effect without the invalid provision or application. -16-AB3119 1 SEC 18. If the Commission on State Mandates determines that 2 this act contains costs mandated by the state, reimbursement to 3 local agencies and school districts for those costs shall be made 4 pursuant to Part 7 (commencing with Section 17500) of Division 5 4 of Title 2 of the Government Code. 6 SECTION 1. Section 4 51 of the Public Utilities Code is 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 amended to read: 4 51. (a) ,A_._ll charges demanded or received by any public utility, or by any two or more public utilities, fur any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such a product or commodity or service is unlavrful. (b) Every public utility shali furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities, as defined in Section 54.1 of the Civil Code, as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public. (c) ,A_._11 rules made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable. 0 Carlsbad City Council April 10, 2018 Tonight’s agenda •Set policy objectives on airport issues •Direct staff to conduct outreach to stakeholders •Implementation plan Submit comments on EIR Seek to close the Airport Setting the policy objective for Palomar Airport-- How aggressive does the Council want to be? Aggressiveness