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LEGISLATIVE SUBCOMMITTEE
Staff Report
Nov. 14,2023
Legislative Subcommit tee
Jason Haber, Intergovernme ntal Affairs Director
Jason Haber, Intergovernmental Affairs Director
[email protected], 442-339-2958
Palomar Airport Advisory Committee Nomination Procedure All
Recommended Action
Receive an update regarding the San Diego County Board of Supervisors' Nov. 7, 2023, decision to establish new nomination procedures for the Palomar Airport Advisory Committee (PAAC) due to redistricting and provide feedback.
Discussion
On Nov. 7, 2023, the San Diego County Board of Supervisors 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 (Exhibit 1). This action directed 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 propos ed 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 Administrativ e Code establishing a new PAA C 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.
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.
Nov. 14,2023 4. Seat 8 is an "at large" member. Item #5 Page 1 of 8 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 9111seat 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 City of Carlsbad seats. 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 the County regarding these matters.
The Legislative Subcommittee may provide feedback to staff, and/or a recommendation to the City Council - to be presented when this matter, or a future PAAC nomination(s) is brought forward for City Council consideration.
Next Steps
Staff wil l continue to engage with County staff and will maintain awareness of County Board agendas to identify future items related to this matter. Once the County adopts and implements its new PAAC nomination procedures, an item wil l 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).
Exhibit
1. Nov. 7, 2023, San Diego County Board of Supervisors Agenda Item 15 Board Letter Nov. 14,2023 Item #5 Page 2 of 8
Exhibit 1
JIM DESMOND
SUPERVISOR, FIFTH DISTR ICT
SA DIEGO COUNTY BOARD OF SUPERVISORS
AGENDA ITEM
DATE: November 7, 2023 15
TO: Board of Supervisors
SUBJECT
ESTABLISH NEW NOMINATION PROCEDURES FOR THE PALO MAR AIRPORT ADVISORY COMMITTEE (P AAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5)
OVERVIEW
McClellan-Pa lomar Airport (Pa lomar 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 Pub lic Work s (DPW). Palomar Airport was constructed on County-owned property, and whe n it opened in 1959, the s urrounding area consisted mainly of agricu ltural uses and a closed landfill. Today, the airport serves the region as a vita l air transportation hub, an emergency services faci lity, and an economic engin e that supports 2,590 local jobs and generates $72 million in tax revenue s and $46 1 million in econom ic act ivity annually.
On January 5, 1988 (43), the County Board of Supervi sors (Board) added Article XL, Section 730 et seq. to the San Diego County Code of Adm inistrative Ordinan ces (Admini strative Code) to formali ze the dutie s, respon sibilitie s, members hip, and selection of the Palomar Airport Advisory Committee (PAAC). The PAAC was originally established to develop a noise control plan for the airport; howeve r, its dutie s have expanded to advising the Board and the Chief Admi nistrative Officer on airport land use, deve lopment, master planning , and operationa l issues. The P AAC has also grown to provide a forum for neighboring communities to spea k on matters involvin g the airport.
The criter ia for PAAC member ship, including the nomination and appointment proce ss, are defined in Article XL of the Administrative Code. The PAAC is current ly comprised of nine member s who have a genera l interest in aviation, aviation leasing o r business and understand ing of the surroundin g communitie s. Durin g the format ion of the P AAC in 1988, Palomar Airport was within the footprint of the Third Supervi sorial District and was borderin g the Fifth Supe rvisoria l District. At that time, PAAC member ship stood at eleven memb ers nominat ed by both districts, with four from the Third Supervisoria l District and five from the Fifth Supervisoria l District .
Following a subsequent supervi sorial boundary redistrictin g approved by the Board on July 3 1, 200 I (18), Palomar Airport was located entire ly w ithin the boundarie s of the Fifth Supervi sorial Legistar vl.O 1
Nov. 14, 2023 Item #5 Page 3 of 8
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 member s. During the 20 l O redistricting of supervisorial boundaries , the Board approved the continuation of the Fifth Supervisorial District nominating all nine member s.
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 Sett lement 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 reco mmend PAAC sea ts to the Board for consideration thorough the Fifth Supervisorial District.
The remaining five at-large seats are also currently nominated by the Fifth Supervisorial Distr ict.
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 Supervisoria l District and aircraft operat ions impact surrounding communities in both the Third and Fifth Supervisorial Districts. To better align PAAC membership with recent redistricting, it is proposed that staff be directed to return to the Board with amendments to Article XL of the Administrat ive Code. The recommended changes are to: I) renumber and redesignate nomination process for all nine P AAC seats; 2) amend District 3 and 5 nominations for each seat; 3) change nomination proce ss for the PAAC ' s 9th seat to be nominated by the Chief Administrative Officer (CAO) and create new qualification criteria for the 9th PAA C seat. Furthermore, in the spirit of regional cooperation and beca use the airport itself is located in Carlsbad, a reasonable approach to restructuring the PAAC appointment proc ess 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 expert ise and experience at Palomar Airpo1t in aviation and/or aeronautical airport business opera tion s within field s s uch 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 intere st in the economic viability of the airport. Each of the nine members would continue to serve term s that run concurrent with the appointing supervi sor, with the CAO appoi ntment 's term runnin g concurrent with the District 3 Supervisor.
Today's action provides direction regarding the structure of the PAAC fol lowing redistricting and directs staff to return to the Board within 90 days with propo sed amendments to the San Diego Cou nty Administrative Code establishing a new PAAC appointment procedure.
RECOMMENDATION(S)
SUPERVISOR JIM DESMOND
I. Find that the proposed action is exe mpt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(6)(3) of the State CEQA Guidelines.
Legistar vl.O 2
Nov. 14,2023 Item #5 Page 4 of 8
SUBJECT : ESTABLISH NEW NO MINATIO N P ROCEDURES FOR THE PALO MAR
AIRPORT ADVIS ORY COMMITTEE (PAAC) DUE TO REDISTRICTING (DISTRICTS: 3 AND 5)
2. Direct the C hief Admini strative Officer (CAO) to return to the Board within 90 days with p roposed amendments to the San Diego County Admini strative Code establishing a new PAAC appointment procedure, as follows:
a. Renumber all nine seats for sake o f clarity, ensuring four seats each are nominat ed by both District 3 and 5, and one seat is nominated by the CAO:
1. District 5
I. Seat 1 is for a C ity of Ocea nside member.
2. Seat 2 is for a C ity of San Marcos member.
3. Seat 3 is for a C ity of Vista member.
4. Seat 4 is an "at large" member.
11. District 3
1. Seat 5 is for a C ity of Carlsbad first member.
2. Seat 6 is for a City of Carls bad second member.
3. Seat 7 is an "at large" member.
4. Seat 8 is an "at large" member.
Ill. CAO
I. Seat 9 i s des ignated as an " industry" memb er as defined m subsection 'e.'
b. T he PAAC shall consist of these nine members.
c. Two members must reside in the city o f Carlsbad and one each must res ide in the cities of Ocea nside, San Marcos and Vista. Each city may identify a resident(s) residing in their respective jurisdi ction a s a cand idate to be considered for nomination to the designated District Supervisor for the P AAC seat. If any city fails to ident ify 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. T hree members s hall be from the g eneral publi c ( "at large") - two residing within District 3 and one residing within District 5.
e. The PAAC's 9th seat shall be recommended b y the CAO as an " industry" member. The " industry" member must have expertise and experience at Palomar A irport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane o wner, airport property business owner who is a lessee or sub-lessee or other related fields a nd have a demonstrated interest in the eco nomic viability of the a irport.
Legist ar vl.O 3
Nov. 14, 2023 It em #5 Page 5 of 8
SUBJECT: ESTABLISH NEW NOMfNATION PROCEDURES FOR THE PALOMAR
AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING
(DISTRICTS: 3 AND 5)
EQUITY IMP ACT STATEMENT
The Palomar Airport Advisory Committee (PAAC) gathe rs input from the public, reviews issues and makes recommendation s to the Board of Supervi sors on a range of airport matter s. Therefore, it's important for PAAC membership to represent tho se who are most affected by Palomar Airport operations. Distributing members evenly among the affected supervisor ial district s (Districts 3 and 5) ensures those most affected by airport operat ions are given equal representation on the PAAC and opportunity to provide input.
SUSTAIN ABILITY IMP ACT STATEMENT
Establishing new PAAC appointment procedures will ensure the PAAC continues to serve the public on makin g recommendations on a range of matter s, 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 assoc iated with future related recommendations for which staff would return to the Board for considerat ion and approval. At this time, there will be no change in net Genera l Fund cost and no additiona l staff yea rs.
BUSINESS IMP ACT 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 airports owned by the Cou nty of San Diego (County) and operated by the County Department of Pub lic Works (DPW). Palomar Airport was constructed on County-owned property , and when it opened in 1959, the surroundin g area consisted mainly of agricultural uses and a c losed landfill. Today , the airport serves the region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,59 0 local jobs and generates $72 million in tax revenue s and $46 1 million in economic activity annua lly.
On January 5, 1988 (43), the County Board of Supervisors (Board) added Atiicle XL to the San Diego County Code of Administrative Ordinances (Administrative Code) to formalize the duties, responsibi lities, member ship, and selection of the Palomar Airport Advisory Committee (PAAC).
The PAAC was origina lly established to deve lop 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 PAAC has also grow n to provide a forum for neighboring communities to speak on matters involving the airport .
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Nov. 14,2023 Item #5 Page 6 of 8
SUBJECT: ESTAB LISH NEW NOM IN ATION PROCEDURES FOR THE PALOMAR
AIRPORT ADVISORY COMMITTEE (PAAC) DUE TO REDISTRICTING
(DISTRICTS: 3 AND 5)
The criteria for PAAC membership, including the nom ination and appointment process , are defined in Article XL of the Administrative Code. The PAAC is c urrentl y comp rised of nine members who have a general interest in aviation, aviation leasing or business and understanding of the surroundin g communiti es. During the formation of the PAAC in 1988, Palomar Airport was wit hin the footpri nt of the T hird Supervisoria l District and was bordering the Fifth Supervisorial District. At that time, PAAC membership stood at eleven members nominated by both districts, with four from the T hird Supervisorial District and five from the Fifth Supervisor ial District.
Follow ing a s ubsequent superv isorial boundary redistricting approved by the Board on July 3 1, 200 l (18), Palomar Airport was located entirel y within the boundaries of the Fifth Supervisorial District. As a result, the Board amended Artic le XL of the Administrative Code to reduce the membership to nine and to have the Fifth Supervisorial District nominate all nine members. During the 20 10 redistricting of superv isorial boundar ies, the Board approved the continuation of the Fift h Superv isorial Distr ict nominating all nine members.
Discussions with Carlsbad, prompted by the developme nt of the Palomar Airport Master Plan during 2018, eventuall y led to the March 28, 20 19 Mutua l Cooperatio n and Settlement Agreement between Carlsbad and the County. As part of those discussions Article XL was amended on Janua ry 9, 2019 (04) to enable the cities of Carlsbad, Vista, San Marcos, and Oceanside to recommend PAAC seats to the Board for consideration thorough the Fifth Supervisorial District.
The remaining five at-large seats are also curre ntly nom inated by the Fifth Supervisorial District.
On January 15, 2022, the County of San Diego Indep ende nt Redistricting Com mission completed redistricting of the supervisor ial districts. As a result of redistricting , the footp rint of Palomar Airpo tt now resides entirely within the Th ird Supervisorial District and aircraft opera tions impact surrou nding communities in both the Third and Fifth Supervisorial Districts. To better align PAAC membership with recent redistr icting, it is proposed that staff be directed to return to the Board with amendm ents to Article XL. The recommended changes a re to: 1) renum ber and redesignate nomination process for all nine PAAC seats , 2) amend District 3 and 5 nominatio ns for eac h seat, 3) change nomination process for the PAAC ' s 9 th seat to be nominated by the Chief Admi nistrative Officer (CAO) and create new qualification criteria for the 9th PAAC seat.
Furthermo re, in the spirit of regional coopera tion and because the airport itself is located in Carlsbad, a reasonable approac h to restruct uring the P AAC appointment process would also include dividing t he eight of the nine seats evenly a mong District 3 a nd District 5, with fou r nominations assigned t o each respect ive district. The remaining seat would be nominated by the Chief Admini strative Officer (CAO) as an "industry" member. The " industry" member must have expertise and experience at Palomar Airport in aviation and/or aero nautical airport business opera tions within fields such as, but not limited to a pilot, mechanic, airplane owner, a irport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the econo mic viability of the a irport. Each of the nine members would cont inue to serve terms t hat run concu rrent with the appointin g s uperv isor, w ith the CAO appo intment's term running concurrent with the District 3 Supervisor.
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Nov. 14,2023 Item #5 Page 7 of 8
SUBJECT: ESTA BLISH NEW NOMINATIO N PROCEDURES FOR THE PALOMAR
AIRPORT ADVISORY COMMITT EE (PAAC) DUE TO RED ISTRI CTING (DISTRI CTS: 3 AND 5)
Today's action provides direction regardi ng the structure of the PAAC following redistricting and directs staff to return to the Board within 90 days with prop osed ame ndments to the San Diego County Administrative Code establishing a new PAAC appointm ent procedure.
ENVIRONMENTAL STATEMENT
Today' s actions are exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA). These actio ns do not adopt, approve , or fund any project that may have an impact on the environment. The action implem ents a dmini strative changes to the structure of an advisory board; and, as such, it can be seen with certa inty 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 2023-2 028 Strategic Plan.
Respectfully submitted ,
JIM DESMOND
Supe rvisor, District 5
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