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Home My WebLink About2023-11-09; Palomar Airport Advisory Committee Nomination Procedure (Districts - All); Haber, JasonTo the members of the: CITY COUNCIL Date lll'\\2~cA ✓ cc ✓ CM ~ ✓ocM (3) / November 9, 2023 Council Memorandum To : From: Honorable Mayor Blackburn and Members of the City Council Jason Haber, lntergovernment~airs Director Scott Chadwick, City Manager ~ Via: {city of Carlsbad Memo ID# 2023117 Re: Pa lomar Airport Advisory Committee Nomination Procedure (Districts -All) This memorandum provides an update on the San Diego County Board of Supervisors' recent decision to establish new nomination procedures for the Palomar Airport Advisory Committee (PAAC) due to redist ricting. Background On November 7, 2023, the San Diego County Board of Supervisors (Board) approved Agenda Item 15 on the Board's Consent Calendar to establish new nomination procedures for the Palomar Airport Advisory Committee (PAAC) due to redistricting (Attachment A). This action directed San Diego County staff to return to the· Board within 90 days with proposed amendments to the San Diego County Administrative Code establishing a new PAAC appointment procedure. On the recommendation of District 5 Supervisor Jim Desmond, the Board approved the following action: 1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061{b}{3} of the State CEQA Guidelines. 2. Direct the Chief Administrative Officer {CAO} to return to the Board within 90 days with proposed amendments to the San Diego County Administrative Code establishing a new PAAC appointment procedure, as follows: a. Renumber all nine seats for sake of clarity, ensuring four seats each are nominated by both District 3 and 5, and one seat is nominated by the CAO: i. District 5 1. Seat 1 is for a City of Oceanside member. 2. Seat 2 is for a City of San Marcos member. 3. Seat 3 is for a City of Vista member. 4. Seat 4 is an "at large" member. City Manager's Office Intergovernmental Affairs 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t Council Memo -Palomar Airport Advisory Committee Nomination Procedure (Districts -All) November 9, 2023 Page 2 ii. District 3 1. Seat 5 is for a City of Carlsbad first member. 2. Seat 6 is for a City of Carlsbad second member. 3. Seat 7 is an "at large" member. 4. Seat 8 is an "at large" member. iii. CAO 1. Seat 9 is designated as an "industry" member as defined in subsection 'e.' b. The PAAC shall consist of these nine members. c. Two members must reside in the city of Carlsbad and one each must reside in the cities of Oceanside, San Marcos and Vista. Each city may identify a resident(s) residing in their respective jurisdiction as a candidate to be considered for nomination to the designated District Supervisor for the PAAC seat. If any city fails to identify a resident as a candidate for consideration or the candidate is determined by their respective Supervisor as unacceptable, each Supervisor may nominate a member of its own choice from that city. d. Three members shall be from the general public ("at large") -two residing within District 3 and one residing within District 5. e. The PAAC's 9th seat shall be recommended by the CAO as an "industry" member. The "industry" member must have expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the economic viability of the airport." City staff have contacted District 3 Supervisor Terra Lawson-Remer's office to inquire about when the new procedures are expected to be presented for the Supervisors' consideration, when they would take effect, and whether they have a clear process for the city to follow in recommending appointees to fill the vacant City of Carlsbad seat(s). Furthermore, it is unclear which seat the City of Carlsbad's recently appointed PAAC nominee Shirley Anderson would occupy under the newly proposed framework, and city staff have requested clarification on that point, as well. Staff are currently awaiting clarification from San Diego County regarding these matters. As an intergovernmental matter affecting the city, the City Council Legislative Subcommittee will receive an update regarding this matter at its November 14 meeting, and may provide feedback to staff, and/or develop a recommendation to the City Council -to be presented when Council Memo -Palomar Airport Advisory Committee Nomination Procedure (Districts -All) November 9, 2023 Page 3 this matter, or a future PAAC nomination(s) is brought forward for City Council consideration. Next Steps Staff will continue to engage with San Diego County and will maintain awareness of San Diego County Board agendas to identify future items related to this matter. Once San Diego County adopts and implements its new PAAC nomination procedures, an item will be brought forward for the City Council to discuss next steps in identifying a Carlsbad resident(s) as a candidate(s) to fill the City of Carlsbad seat(s). Attachment: A. November 7, 2023, San Diego Board of Supervisors Agenda Item 15 Board Letter cc: Geoff Patnoe, Assistant City Manager Cindie McMahon, City Attorney Allegra Frost, Assistant City Attorney Attachment A JIM DESMOND SUPERVISOR, FIFTH DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS AGENDA ITEM DATE: November 7, 2023 15 TO: Board of Supervisors SUBJECT ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALOMAR AIRPORT ADVISORY COMMITTEE (P AAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) OVERVIEW McClellan-Palomar Airport (Palomar Airport) is located in the City of Carlsbad (Carlsbad) and is one of eight airports owned by the County of San Diego (County) and operated by the County Department of Public Works (DPW). Palomar Airport was constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses and a closed landfill. Today, the airport serves the region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,590 local jobs and generates $72 million in tax revenues and $461 million in economic activity annually. On January 5, 1988 (43), the County Board of Supervisors (Board) added Article XL, Section 730 et seq. to the San Diego County Code of Administrative Ordinances (Administrative Code) to formalize the duties, responsibilities, membership, and selection of the Palomar Airport Advisory Committee (P AAC). The P AAC was originally established to develop a noise control plan for the airport; however, its duties have expanded to advising the Board and the Chief Administrative Officer on airport land use, development, master planning, and operational issues. The P AAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport. The criteria for P AAC membership, including the nomination and appointment process, are defined in Article XL of the Administrative Code. The P AAC is currently comprised of nine members who have a general interest in aviation, aviation leasing or business and understanding of the surrounding communities. During the formation of the P AAC in 1988, Palomar Airport was within the footprint of the Third Supervisorial District and was bordering the Fifth Supervisorial District. At that time, P AAC membership stood at eleven members nominated by both districts, with four from the Third Supervisorial District and five from the Fifth Supervisorial District. Following a subsequent supervisorial boundary redistricting approved by the Board on July 31 , 2001(18), Palomar Airpo1i was located entirely within the boundaries of the Fifth Supervisorial Legistar vl.O 1 SUBJECT: ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALOMAR AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) District. As a result, the Board amended Article XL of the Administrative Code to reduce the membership to nine and to have the Fifth Supervisorial District nominate all nine members. During the 2010 redistricting of supervisorial boundaries, the Board approved the continuation of the Fifth Supervisorial District nominating all nine members. Discussions with Carlsbad, prompted by the development of the Palomar Airport Master Plan during 2018, eventually led to the March 28, 2019 Mutual Cooperation and Settlement Agreement between Carlsbad and the County. As part of those discussions Article XL was amended on January 9, 2019 (04) to enable the cities of Carlsbad, Vista, San Marcos, and Oceanside to recommend P AAC seats to the Board for consideration thorough the Fifth Supervisorial District. The remaining five at-large seats are also currently nominated by the Fifth Supervisorial District. On January 15, 2022, the County of San Diego Independent Redistricting Commission completed redistricting of the supervisorial districts. As a result of redistricting, the footprint of Palomar Airport now resides entirely within the Third Supervisorial District and aircraft operations impact surrounding communities in both the Third and Fifth Supervisorial Districts. To better align P AAC membership with recent redistricting, it is proposed that staff be directed to return to the Board with amendments to Article XL of the Administrative Code. The recommended changes are to: 1) renumber and redesignate nomination process for all nine P AAC seats; 2) amend District 3 and 5 nominations for each seat; 3) change nomination process for the PAAC's 9th seat to be nominated by the Chief Administrative Officer (CAO) and create new qualification criteria for the 9th P AAC seat. Furthermore, in the spirit of regional cooperation and because the airport itself is located in Carlsbad, a reasonable approach to restructuring the P AAC appointment process would also include dividing the eight of the nine seats evenly among District 3 and District 5, with four nominations assigned to each respective district. The remaining seat would be nominated by the Chief Administrative Officer (CAO) as an "industry" member. The "industry" member must have expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as , but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the economic viability of the airport. Each of the nine members would continue to serve terms that run concurrent with the appointing supervisor, with the CAO appointment's term running concurrent with the District 3 Supervisor. Today's action provides direction regarding the structure of the P AAC following redistricting and directs staff to return to the Board within 90 days with proposed amendments to the San Diego County Administrative Code establishing a new P AAC appointment procedure. RECOMMENDATION(S) SUPERVISOR JIM DESMOND 1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Legistar vl.O 2 SUBJECT: ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALOMAR AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) 2. Direct the Chief Administrative Officer (CAO) to return to the Board within 90 days with proposed amendments to the San Diego County Administrative Code establishing a new PAAC appointment procedure, as follows: a. Renumber all nine seats for sake of clarity, ensuring four seats each are nominated by both District 3 and 5, and one seat is nominated by the CAO: 1. District 5 1. Seat 1 is for a City of Oceanside member. 2. Seat 2 is for a City of San Marcos member. 3. Seat 3 is for a City of Vista member. 4. Seat 4 is an "at large" member. 11. District 3 1. Seat 5 is for a City of Carlsbad first member. 2. Seat 6 is for a City of Carlsbad second member. 3. Seat 7 is an "at large" member. 4. Seat 8 is an "at large" member. iii. CAO 1. Seat 9 is designated as an "industry" member as defined m subsection 'e.' b. The PAAC shall consist of these nine members. c. Two members must reside in the city of Carlsbad and one each must reside in the cities of Oceanside, San Marcos and Vista. Each city may identify a resident(s) residing in their respective jurisdiction as a candidate to be considered for nomination to the designated District Supervisor for the P AAC seat. If any city fails to identify a resident as a candidate for consideration or the candidate is determined by their respective Supervisor as unacceptable, each Supervisor may nominate a member of its own choice from that city. d. Three members shall be from the general public ("at large") -two residing within District 3 and one residing within District 5. e. The PAAC 's 9th seat shall be recommended by the CAO as an "industry" member. The "industry" member must have expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the economic viability of the airport. Legistar vl.O 3 SUBJECT: ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALOMAR AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) EQUITY IMPACT STATEMENT The Palomar Airport Advisory Committee (P AAC) gathers input from the public, reviews issues and makes recommendations to the Board of Supervisors on a range of airport matters. Therefore, it's important for P AAC membership to represent those who are most affected by Palomar Airport operations. Distributing members evenly among the affected supervisorial districts (Districts 3 and 5) ensures those most affected by airport operations are given equal representation on the PAAC and opportunity to provide input. SUSTAINABILITY IMPACT STATEMENT Establishing new P AAC appointment procedures will ensure the PAAC continues to serve the public on making recommendations on a range of matters, including those that impact the fiscal and environmental sustainability of airport operations. FISCAL IMPACT There is no fiscal impact associated with today's recommendations. There may be fiscal impacts associated with future related recommendations for which staff would return to the Board for consideration and approval. At this time, there will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT NIA ADVISORY BOARD STATEMENT NIA BACKGROUND McClellan-Palomar Airport (Palomar Airport) is located in the City of Carlsbad (Carlsbad) and is one of eight airpmis owned by the County of San Diego (County) and operated by the County Department of Public Works (DPW). Palomar Airpo11 was constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses and a closed landfill. Today, the airport serves the region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,590 local jobs and generates $72 million in tax revenues and $461 million in economic activity annually. On January 5, 1988 ( 43), the County Board of Supervisors (Board) added Article XL to the San Diego County Code of Administrative Ordinances (Administrative Code) to formalize the duties, responsibilities, membership, and selection of the Palomar Airport Advisory Committee (PAAC). The P AAC was originally established to develop a noise control plan for the airport; however, its duties have expanded to advising the Board and the Chief Administrative Officer on airport land use, development, master planning, and operational issues. The P AAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport. Legistar vl.O 4 SUBJECT: ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALOMAR AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) The criteria for P AAC membership, including the nomination and appointment process, are defined 'in Article XL of the Administrative Code. The PAAC is currently comprised of nine members who have a general interest in aviation, aviation leasing or business and understanding of the surrounding communities. During the formation of the PAAC in 1988, Palomar Airport was within the footprint of the Third Supervisorial District and was bordering the Fifth Supervisorial District. At that time, P AAC membership stood at eleven members nominated by both districts, with four from the Third Supervisorial District and five from the Fifth Supervisorial District. Following a subsequent supervisorial boundary redistricting approved by the Board on July 31 , 2001 (18), Palomar Airport was located entirely within the boundaries of the Fifth Supervisorial District. As a result, the Board amended Article XL of the Administrative Code to reduce the membership to nine and to have the Fifth Supervisorial District nominate all nine members. During the 2010 redistricting of supervisorial boundaries, the Board approved the continuation of the Fifth Supervisorial District nominating all nine members. Discussions with Carlsbad, prompted by the development of the Palomar Airport Master Plan during 2018, eventually led to the March 28 , 2019 Mutual Cooperation and Settlement Agreement between Carlsbad and the County. As part of those discussions Article XL was amended on January 9, 2019 (04) to enable the cities of Carlsbad, Vista, San Marcos, and Oceanside to recommend P AAC seats to the Board for consideration thorough the Fifth Supervisorial District. The remaining five at-large seats are also currently nominated by the Fifth Supervisorial District. On January 15, 2022, the County of San Diego Independent Redistricting Commission completed redistricting of the supervisorial districts. As a result of redistricting, the footprint of Palomar Airport now resides entirely within the Third Supervisorial District and aircraft operations impact surrounding communities in both the Third and Fifth Supervisorial Districts. To better align P AAC membership with recent redistricting, it is proposed that staff be directed to return to the Board with amendments to Article XL. The recommended changes are to: 1) renumber and redesignate nomination process for all nine PAAC seats, 2) amend District 3 and 5 nominations for each seat, 3) change nomination process for the PAAC's 9th seat to be nominated by the Chief Administrative Officer (CAO) and create new qualification criteria for the 9th P AAC seat. Furthermore, in the spirit of regional cooperation and because the airport itself is located in Carlsbad, a reasonable approach to restructuring the P AAC appointment process would also include dividing the eight of the nine seats evenly among District 3 and District 5, with four nominations assigned to each respective district. The remaining seat would be nominated by the Chief Administrative Officer (CAO) as an "industry" member. The "industry" member must have expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the economic viability of the airport. Each of the nine members would continue to serve terms that run concurrent with the appointing supervisor, with the CAO appointment's term running concurrent with the District 3 Supervisor. Legistar vl.O 5 SUBJECT: ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALO MAR AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5) Today's action provides direction regarding the structure of the P AAC following redistricting and directs staff to return to the Board within 90 days with proposed amendments to the San Diego County Administrative Code establishing a new P AAC appointment procedure. ENVIRONMENTAL STATEMENT Today's actions are exempt under Section 15061(6)(3) of the California Environmental Quality Act (CEQA). These actions do not adopt, approve, or fund any project that may have an impact on the environment. The action implements administrative changes to the structure of an advisory board; and, as such, it can be seen with certainty that there is no possibility the action may have a significant effect on the environment. As a result, today's action is exempt from CEQA review. LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN Today's proposed action supports the Community: Engagement and Partnership Strategic Initiatives in the County of San Diego's 2023-2028 Strategic Plan. Respectfully submitted, JIM DESMOND Supervisor, District 5 Legistar vl.O 6