CA Review __AF___
Meeting Date: Feb. 13, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Haber, Intergovernmental Affairs Director [email protected], 442-339-2958
Subject: Membership and Selection of the San Diego County Palomar Airport Advisory Committee
Districts: All
Recommended Action
Authorize the City Manager or designee to prepare a letter for the Mayor’s signature to the San Diego County Board of Supervisors regarding a county ordinance to amend the San Diego County Administrative Code regarding membership and selection of the San Diego County Palomar Airport Advisory Committee.
Executive Summary
The San Diego County Palomar Airport Advisory Committee is comprised of nine members who are nominated by the supervisor from the Fifth Supervisorial District and appointed by the county Board of Supervisors. Members serve terms that run concurrently with the term of the supervisor who nominated them to the committee. These volunteers advise the County Board of Supervisors and Chief Administrative Officer on matters related to McClellan-Palomar Airport.
The Board of Supervisors is in the process of approving amendments to the San Diego County Administrative Code regarding the membership of this committee and how it is selected.
Staff informed the Carlsbad City Council’s Legislative Subcommittee of the Board of Supervisors’ decision to make these amendments on Nov. 14, 2023. The subcommittee requested that the recommendations outlined below be presented for the full City Council to consider in providing direction to the City Manager.
Explanation & Analysis
Background
Under the committee’s existing membership and selection framework, the City of Carlsbad may identify one Carlsbad resident to be considered for the supervisors to nominate and appoint to serve on the committee.
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The Carlsbad City Council adopted Resolution No. 2023-194 on July 11, 2023, identifying Carlsbad resident Shirley Anderson as the city's primary candidate and Carlsbad resident Gary Greening as an alternate candidate for nomination and appointment to the committee. Ms.
Anderson was then nominated by Fifth District Supervisor Jim Desmond and appointed by the Board of Supervisors on Sept. 26, 2023.
Then, on Nov. 7, 2023, the Board of Supervisors approved a resolution directing county staff to return to the board within 90 days with specified amendments to the county code governing appointments to the committee. The City Council’s Legislative Subcommittee was informed of this decision a week later, on Nov. 14, and made its recommendation to staff to return with this item.
County’s changes to ordinance
The Board of Supervisors approved the introduction of the ordinance, An Ordinance Amending Sections 731 and 732, Article XL, of the Administrative Code Regarding Membership and Selection of the San Diego County Palomar Airport Advisory Committee (Exhibits 1 and 2) on Feb. 7, 2024. The board is scheduled to adopt the ordinance on Feb. 28, 2024.
As county staff summarized for the Board of Supervisors (Exhibit 3), the recommended changes to the Palomar Airport Advisory Committee ordinance will:
1) Divide eight of the nine PAAC seats evenly among District 3 and District 5, with four nominations assigned to each respective district
2) Require that of the four Third District nominations, two be for persons residing in the City of Carlsbad and two for persons residing within the Third District 3) Require that of the four Fifth District nominations, three be for a person residing in one of each of the three cities of Oceanside, San Marcos, and Vista and one for a person residing in the Fifth District
4) Require the ninth member of the PAAC be nominated by the County’s Chief Administrative Officer, and be an industry representative with 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 eight members nominated by a Supervisor 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.
Legislative Subcommittee’s recommendation
The Carlsbad City Council Legislative Subcommittee recommended that the City Council authorize staff to prepare a letter for the Mayor’s signature requesting that the County Board of Supervisors consider the following requests regarding the ordinance and the new selection process it establishes:
1. That the Board of Supervisors clarify which seats the current PAAC members, including Carlsbad resident Shirley Anderson, will occupy, including the remaining terms those members will serve upon adoption of the new ordinance.
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2. That both the primary candidate (Shirley Anderson) and the alternate candidate (Gary Greening) identified in Carlsbad City Council Resolution No. 2023-194 (Exhibit 4) be considered for nomination to the Palomar Airport Advisory Committee seats reserved for Carlsbad residents.
3. That the District 3 supervisor and Board of Supervisors advance the nomination and approve the appointment of the Carlsbad residents identified by the city.
4. That the county retain the existing County Administrative Code provision limiting the number of committee members with a financial interest in the airport and prohibiting a majority of the committee members from having a financial or professional interest in the airport.
5. That the county ensure a seamless transition from the current Committee membership to avoid any gaps in service when appointing members pursuant to the new ordinance.
The City Council may provide direction consistent with the recommendations of the Legislative Subcommittee or may provide any other direction on the matter, or take no further action.
Fiscal Analysis
There is no fiscal impact associated with this item.
Next Steps
In accordance with the City Council’s direction, city staff will either prepare a letter to the San Diego County Board of Supervisors or take no further action.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. Current County of San Diego ordinance on Palomar Airport Advisory Committee
2. Proposed revisions to ordinance
3. Feb. 7, 2024 - County of San Diego Land Use Agenda Board Letter for Item No. 3
4. Carlsbad City Council Resolution No. 2023-194
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ATTACHMENT A (CLEAN COPY)
ORDINANCE NO. ______________(New Series)
AN ORDINANCE TO AMEND SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE
CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR
AIRPORT ADVISORY COMMITTEE
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1. The Board of Supervisors finds and determines that it is in the public interest to amend Sections 731 and 732 of the Administrative Code regarding membership and selection of the San Diego County Palomar Airport Advisory Committee. The amendment made by this Ordinance reflects the Supervisorial redistricting around Palomar Airport and allocates four membership nominations to the Third Supervisorial District and four to the Fifth Supervisorial District in accordance with their proximity to Palomar Airport and the area around it where the majority of aircraft operations take place. The remaining member shall be an industry representative nominated by the Chief Administrative Officer.
Section 2. Amen d Section 731 of the San Diego County Administrative Code to read as follows:
The Committee shall consist of nine members. Four of the members shall be nominated by the Supervisor from the Third Supervisorial District, an additional four shall be nominated by the Supervisor from the Fifth Supervisorial District, and the remaining member shall be nominated by the County Chief Administrative Officer. Appointments of nominated candidates shall be m ade by the Board of Supervisors. Of the four Third District nominations , two must reside in the cit y of Carlsbad and two must reside in the Third District. For the Fifth District, each of three nominees must reside in the cities of Oceanside, San Marcos and Vista respectively and the remaining nominee must reside in the Fifth District. The nominee made by the Chief Administrative Officer shall be an industry representative with 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 ai rport. For nominees residing in a city, the cities may identify one resident candidate each for the applicable Supervisorial District to consider for nomination to the Board of Supervisors. If any city fails to identify a qualified candidate, the nominating Supervisorial District may nominate a member of its own choice from the city. No member shall be nominated or appointed who is a member of the governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Oceanside, City of San Marcos, or City of Vista. If a member of the Committee becomes a member of such governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Oceanside, City of San Marcos, or City of Vista during his/her term of office, he/she shall be removed from the Committee and his/her position shall be declared vacant.
Section 3. Amend Section 732 of the Administrative Code to read as follows:
Each member of the Committee nominated by a Supervisorial District shall serve a term which shall run concurrently with the term of the Supervisor who nominated them to the committee. The member nominated by the Chief Administrative Officer shall be treated as a Third District nominee for purposes of determining term. The term shall expire on the date of expiration of the term of the nominating Supervisor, or at such time as the nominating Supervisor ceases to hold office, whichever first occurs. The reelection of the nominating Supervisor for a succeeding term shall not automatically extend the term of any Committee member.
Exhibit 1
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Item #9 Page 4 of 15
ATTACHMENT A (CLEAN COPY)
Section 4. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, a summary shall be published once with the names of the members voting for and against it in the Daily Transcript, a newspaper of general circulation published in the County of San Diego.
APPROVED AS TO FORM AND LEGALITY
CLAUDIA G. SILVA, County Counsel
By: Thomas L. Bosworth, Senior Deputy County Counsel
Feb. 13, 2024
Item #9 Page 5 of 15
ATTACHMENT A (STRIKE THROUGH AND UNDERLINE COPY)
ORDINANCE NO. 10589 (New Series)
AN ORDINANCE TO AMEND SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE
CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR
AIRPORT ADVISORY COMMITTEE
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1. The Board of Supervisors finds and determines that it is in the public interest to amend Sections 731 and 732 of the Administrative Code regarding membership and selection of the San Diego County Palomar Airport Advisory Committee . The amendment made by this Ordinance reflects the Supervisorial redistricting around Palomar Airport and allocates four membership nominations to the Third Supervisorial District and four to the Fifth Supervisorial District in accordance with their proximity to Palomar Airport and the area around it where the majority of aircraft operations take place. The remaining member shall be an industry representative nominated by the Chief Administrative Officer.
Section 2. Amend Section 731 of the San Diego County Administrative Code to read as follows:
The Committee shall consist of nine members. The nine members shall be nominated by the Supervisor from the Fifth Supervisorial District and appointed by the Board of Supervisors. Four of the members shall be nominated by the Supervisor from the Third Supervisorial District, an additional four shall be nominated by the Supervisor from the Fifth Supervisorial District, and the remaining member shall be nominated by the County Chief Administrative Officer. Of these nine members, one each must reside in the cities of Carlsbad, Vista, San Marcos and Oceanside and these cities may each identify one resident from their city as a candidate for the Fifth Supervisorial District to consider for nomina tion to the Board of Supervisors. Appointments of nominated candidates shall be made by the Board of Supervisors. Of the four Third District nominations, two must reside in the city of Carlsbad and two must reside in the Third District. For the Fifth District, each of three nominees must reside in the cities of Oceanside, San Marcos, and Vista respectively and the remaining nominee must reside in the Fifth District. If any city fails to identify a resident as a candidate for consideration or the candidate is determined by the Fifth Supervisorial District to be unacceptable, the Fifth Supervisorial District may nominate a member of its own choice from the city. Five me mbers shall be from the general public who reside within the Fifth Supervisorial District. No member shall be nominated or appointed who is a member of the governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Vista, City of San Marcos, or City of Oceanside. The nominee made by the Chief Administrative Officer shall be an industry representative with expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations wi thin 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 . For nominees residing in a city, the cities may identify one resident candidate each for the applicable Supervisorial District to consider for nomination to the Board of Supervisors. If a member of the Palomar Airport Advisory Committee becomes a member of the governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Vista, City of San Marcos, or City of Oceanside during their term of office, they shall be removed from the Committee and their position shall be declared vacant. If any city fails to identify a qualified candidate, the nominating Supervisorial District may nominate a member of its own choice from the city. No more than three members of the committee shall be financially interested in any business having a leasehold interest in Palomar Exhibit 2
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ATTACHMENT A (STRIKE THROUGH AND UNDERLINE COPY)
Airport. No member shall be nominated or appointed who is a member of the governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Oceanside, City of San Marcos, or City of Vista. If a member of the Committee becomes a member of such governing body or planning commission or an employee of the County of San Diego, City of Carlsbad, City of Oceanside, City of San Marcos, or City of Vista during his/her term of office, he/she shall be removed from the Committee and his/her position shall be declared vacant.
Section 3. Amend Section 732 of the Administrative Code to read as follows:
Each member of the Committee nominated by a Supervisorial District shall serve a term which shall run concurrently with the term of the Supervisor who nominated them to the committee. The member nominated by the Chief Administrative Officer shall be treated as a Third District nominee for purposes of determining term. The term shall expire on the date of expiration of the term of the nominating Supervisor, or at such time as he or she the nominating Supervisor ceases to hold office, whichever first occurs. The reelection of the nominating Supervisor for a succeeding term shall not automatically extend the term of any Committee member.
Section 4. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, a summary shall be published once with the names of the members voting for and against it in the Daily Transcript, a newspaper of general circulation published in the County of San Diego.
APPROVED AS TO FORM AND LEGALITY
CLAUDIA G. SILVA, County Counsel
By: Thomas L. Bosworth, Senior Deputy County Counsel
Feb. 13, 2024
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COUNTY OF SAN DIEGO
LAND USE AGENDA ITEM
BOARD OF SUPERVISORS
NORA VARGAS
First District
JOEL ANDERSON
Second District
TERRA LAWSON-REMER
Third District
MONICA MONTGOMERY STEPPE
Fourth District
JIM DESMOND
Fifth District
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DATE: February 7, 2024, and February 28, 2024 03
TO: Board of Supervisors
SUBJECT
..Title
PALOMAR AIRPORT ADVISORY COMMITTEE : AN ORDINANCE AMENDING SECTIONS 731 AND 732 , ARTICLE XL, OF THE ADMINISTRATIVE CODE
REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY
PALOMAR AIRPORT ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5) ..Body
OVERVIEW
McClellan-Palomar Airport is located in the City of Carlsbad and is one of eight airports owned by the County of San Diego (County) and operated by the 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 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 . Additionally, it generates $72 million in tax revenues and $461 million in economic activity annually.
On January 5, 1988 (43), the 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 PAAC 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 PAAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport.
The criteria for PAAC 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 boundaries of the Third Supervisorial District and was bordering the Fifth Supervisorial District. At that time, PAAC membership stoo d at eleven members nominated by both districts, with four from the Third Supervisorial District and seven 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 Exhibit 3
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SUBJECT: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTION S 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND
SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT
ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5)
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membership to nine and to have the Fifth Supervisorial District nominate all nine m embers.
Discussions with Carlsbad, prompted by the development of the Palomar Airport Master Plan during 2018, eventually led to the amendment of Article XL on January 9, 2019 (04) to enable the cities of Carlsbad, Vista, San Marcos, and Oceanside to recommend PAAC seats to the Board for consideration through the Fifth Supervisorial District. The remaining five seats are also currently nominated by the Fifth Supervisorial District.
On January 15, 2022, the County Independent Redistricting Commission compl eted 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.
On November 7, 2023 (15) to better align PAAC membership with recent redistricting, the Board approved a resolution to direct an amendment of Section 731 - Membership and Selection of Administrative Code Article XL. The Board directed staff to return with an amendment to Article XL to formalize PAAC membership and nomination changes as described below.
The recommended changes to the PAAC Ordinance are to:
1) Divide eight of the nine PAAC seats evenly among District 3 and District 5, with four nominations assigned to each respective district;
2) Require that of the four Third District nominations, two be for persons residing in the City of Carlsbad and two for persons residing within the Third District; 3) Require that of the four Fifth District nominations, three be for a person residing in one of each of the three cities of Oceanside, San Marcos, and Vista and one for a person residing in the Fifth District;
4) Require the ninth member of the PAAC be nominated by the County’s Chief Administrative Officer, and be an industry representative with 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 eight members nominated by a Supervisor 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 would amend the Administrative Code to more closely align PAAC membership and selection with the new supervisorial districts and to allow the committee to continue to provide its expertise and guidance. The ordinance will be introduced on Feb 7, 2024. If approved, it will be scheduled for adoption on Feb 28, 2024.
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Item #9 Page 9 of 15
SUBJECT: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTION S 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND
SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT
ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5)
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RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
On Feb 7, 2024, take the following actions:
1. Find that the proposed project is not subject to the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3) because the selection and membership of the Palomar Airport Advisory Committee is not a project as defined by Section 15378 of the state CEQA Guidelines.
2. Approve the introduction of the Ordinance entitled: AN ORDINANCE AMENDING SECTIONS 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND SELECTION
OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY
COMMITTEE.
If on Feb 7, 2024, the Board takes the actions recommended in Items 1-2, then, On Feb 28, 2024:
1. Adopt the Ordinance entitled : AN ORDINANCE AMENDING SECTION S 731 AND 732 , ARTICLE XL, OF THE ADMINISTRATIVE CODE REGARDING
MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE.
EQUITY IMPACT STATEMENT
San Diego County’s eight airports provide vital air transportation hubs, emergency response facilities, and economic engines. In alignment with County policy and with federal obligations, County Airports pursues delivery of these services in a fair and equitable manner and actively works to remove barriers, encourage participation, and provide competitive opportunities for Disadvantaged Business Enterprises. As part of the National Plan of Integrated Airport Systems, County Airports connect rural, suburban, and urban communities, business, and people by facilitating over 518,000 commercial, corporate, government, and private aircraft operations annually. As bases for CalFire, US Forest Service, Sheriff ASTREA (Aerial Support to Regional Enforcement Agencies), and Mercy Air, County Airports ensure the readiness and rapid response of emergency services for residents throughout the county, including underserved communities. If the Board approves today’s resolutions, it will allow the PAAC to continue to provide its expertise and guidance to County Airports in regard to Palomar Airport, while also enabling the County to continue to ensure its membership reflects the communities around the airport.
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SUBJECT: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTION S 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND
SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT
ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5)
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SUSTAINABILITY IMPACT STATEMENT
The PAAC plays an important role in community access and engagement in the operation and development of Palomar Airport and today’s action is consistent with the County’s sustainability goal of providing just and equitable access to County services and resources in support of sustainable communities. County Airports is currently underway with the creation of a Sustainability Management Plan (SMP) which will guide Palomar Airport, as well as all County Airports, to the path of environmentally sustainable projects and initiatives. The PAAC will be a stakeholder in the creation of the SMP.
FISCAL IMPACT
There is no fiscal impact associated with today’s recommendations. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
Maintaining the resiliency of existing airport facilities is one of the most important components of County Airports and ensures the safe and efficient movement of people and goods and supports sustainability in the local economy.
ADVISORY BOARD STATEMENT
On March 16, 2023, the Palomar Airport Advisory Committee voted to recommend approval of amending Article XL, of the Administrative Code, by a vote of 4 Ayes, 0 Noes, and 1 Abstention, with 2 absent and 2 vacant seats.
BACKGROUND
McClellan-Palomar Airport (Palomar) 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 Department of Public Works (DPW). The County’s airport system is operated, maintained, and improved using lease revenues and federal and State grant funding. Palomar was constructed on County -owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses and a landfill. Over the last 60 years, light industrial, commercial, and recreational uses have developed around the airport. In 1978, Carlsbad annexed the land which included the airport, citing economic benefits, including significant tax revenues for Carlsbad and increased services for the region. Today, the airport serves the community and region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,590 local job s. It also generates $72 million in tax revenues and $461 million in economic activity, annually. Palomar is also the County’s only commercial service airport, offering air line service in the past, and efforts are being made to bring airline service back the community.
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SUBJECT: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTION S 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND
SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT
ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5)
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On January 5, 1988 (43), the 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 PAAC 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 PAAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport.
The PAAC has nine members, one of each resid es in the cities of Carlsbad, Vista, San Marcos, and Oceanside. Five of the nine seats are for members of the general public who reside within the Fifth Supervisorial District. PAAC meetings are held every other month f the year and on the 3 rd Thursday of that month. Since the formalization of the PAAC, Article XL of the Administrative Code has been amended five times . The last amendment add ed the provision that the cities of Carlsbad, Oceanside, San Marcos, and Vista could identify one candidate each for the County to consider for appointment, this amendment was effective February 8, 2019.
On January 15, 2022, the Count y 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.
On November 7, 2023 (15) to better align PAAC membership with recent redistricting, the Board approved a resolution to direct an amendment of Administrative Code Article XL. The Board of Supervisors directed staff to return to formalize PAAC membership and nomination changes.
The recommended changes are to 1) designate a nomination process for all nine PAAC seats, 2) amend District 3 and 5 nominations to provide four nominations for each District, 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 PAAC seat.
Specifically, the restructuring of the PAAC appointment process would divid e eight of the nine seats evenly among Third and Fifth Districts, with four nominations assigned to each district.
Although after redistricting the airport lies completely within the Third district, the Fifth district is still environmentally impacted by airport operations. The locational-specific seats in both districts were selected because of their proximity to the airport and community impact, such as flight patterns. This includes one seat in District 5 for a person residing in each of the three cities of Oceanside, San Marcos, and Vista. The proposal includes adding a second seat for a person residing in the city of Carlsbad so that two of the four seats nominated by the Third District would be for persons residing in the City of Carlsbad. The remaining Fifth District seat and two remaining Third District seats would be for people residing in the respective districts. The remaining 9 th PAAC 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 Feb. 13, 2024
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SUBJECT: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTION S 731 AND 732, ARTICLE XL, OF THE
ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND
SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT
ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 – FIRST READING; 2/28/2024 – SECOND READING (DISTRICTS: 3 AND 5)
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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 and with the CAO appointment’s term running concurrent with the District 3 Supervisor.
Today’s action would amend the current ordinance which will more closely align PAAC membership selection with the new supervisorial districts and allow for the committee to continue to provide its expertise and guidance. The ordinance will be introduced on February 7, 2024, and if approved, it will be scheduled for adoption on February 28, 2024. .
ENVIRONMENTAL STATEMENT
Section 15060(c)(3) of the CEQA Guidelines provides that an activity is not subject to CEQA if it is not a project as defined in Section 15378. The selection and membership of the Palomar Airport Advisory Committee is not a project as defined by Section 15378 (b)(5) of the state CEQA Guidelines because it is an administrative activity of governments that will not result in direct or indirect physical changes in the environment and is therefore exempt from CEQA review. ..Details
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the Sustainability and Community Initiatives in the County of San Diego’s 2024-2029 Strategic Plan. Palomar Airport provides infrastructure and facilities that serve the aviation community and the general public and plays an important role in the local economy. Approval of the Ordinance Amendment would enhance the County’s ongoing effo rts to effectively conduct community engagement and to plan future operations and development at the airport.
Respectfully submitted,
BRIAN ALBRIGHT
Interim Deputy Chief Administrative Officer
ATTACHMENT(S)
A. Proposed Ordinance Clean
A. Proposed Ordinance (Strike-out)
Feb. 13, 2024
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RESOLUTION NO. 2023-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IDENTIFYING ONE CARLSBAD RESIDENT AS THE CITY'S
PRIMARY CANDIDATE AND ONE RESIDENT AS AN ALTERNATE CANDIDATE
FOR NOMINATION AND APPOINTMENT TO THE SAN DIEGO COUNTY
PALOMAR AIRPORT ADVISORY COMMITTEE
WHEREAS, the City Council of the City of Carlsbad, California has determined that one resident shall be identified as the city's primary candidate and one resident as an alternate candidate for the Supervisor from the Fifth Supervisoria l District to consider for nomination to serve on the San Diego County Palomar Airport Advisory Committee; and
WHEREAS, appointment of the city's primary or alternate candidate will require the approva l of the San Diego County Board of Supervisors; and
WHEREAS, each member of the committee shall serve a term which shall run concurrently with the term of the Supervisor who nominated them to the committee. The term shall expire on the date of expiration of the term of the nominating Supervisor, or at such time as the nominating Supervisor ceases to hold office, whichever first occurs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the following Carlsbad residents are identified as the city's primary and alterna t e candidates for the Supervisor from the Fifth Supervi sorial District to consider for nomination to serve on the Palomar Airport Advisory Committee, subject to approval of the San Diego County Board of Supervisors, for a term coinciding with the term of the San Diego County Supervisor who nominated them:
___ __:S::..;ch..:..:.i:....:.rl-=-eyL...:..,;A"-'n=d-=-e=-=rs=o.:....;n ____ ( Primary Candid ate) ____ G=-a=re.Ly.....:G=r--=e=e.:....;n.:..:.in=g.__ ____ (Alternate Candidate) Exhibit 4
Feb. 13, 2024
Item #9 Page 14 of 15
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of !!!,!y, 2023 , by the following vote , to wit :
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat -Patel, Acosta , Burkholder, Luna.
None.
None .
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 13, 2024
Item #9 Page 15 of 15
San Diego County Palomar
Airport Advisory Committee
Jason Haber, Intergovernmental Affairs Director
City Manager’s Office
Feb. 13, 2024
PROPOSED ACTION
Authorize the City Manager to prepare a letter
for the Mayor’s signature to the San Diego
County Board of Supervisors regarding
proposed amendments to the San Diego
County Administrative Code concerning
membership and selection of the San Diego
County Palomar Airport Advisory Committee.
ITEM 9: PAAC MEMBERSHIP
PAAC BACKGROUND
• Nine-member volunteer committee
• Advise County on matters related to McClellan-
Palomar Airport
• Currently nominated by 5th District Supervisor
• Appointed by SD County Board of Supervisors
• City of Carlsbad may identify one resident for
nomination
ITEM 9: PAAC MEMBERSHIP
COUNTY CODE AMENDMENT TIMELINE
Date
Nov. 7, 2023
County Board of
Supervisors Resolution
Nov. 14, 2023
City Legislative
Subcommittee Review
Feb. 7, 2024
County Ordinance
Introduction
Feb. 28, 2024
County Ordinance
Adoption
ITEM 9: PAAC MEMBERSHIP
PROPOSED COUNTY CODE
AMENDMENTS
• Four seats nominated by District 3 Supervisor
(2 - Carlsbad residents; 2 - D3 At-large)
• Four seats nominated by District 5 Supervisor
(1 each: Vista, San Marcos, Oceanside residents; 1 - D5 At-large) • One seat nominated by County Chief Administrative Officer (Industry representative with expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations)
ITEM 9: PAAC MEMBERSHIP
PROPOSED COUNTY CODE
AMENDMENTS
CAO Nominee:
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 Proposes to delete existing provision:
No more than three members of the committee shall be financially interested in any business having a leasehold interest in Palomar Airport
ITEM 9: PAAC MEMBERSHIP
PROPOSED COUNTY CODE
AMENDMENTS
PAAC Member Terms:
- Members nominated by a Supervisor would serve terms that run concurrent with the appointing Supervisor,
- CAO appointment’s term would run concurrent with the District 3 Supervisor.
ITEM 9: PAAC MEMBERSHIP
LEGISLATIVE SUBCOMMITTEE
RECOMMENDATION
• Authorize staff to prepare a letter for the Mayor’s
signature requesting that the County Board of
Supervisors consider the following regarding the
ordinance and selection process:
• Clarify seats to be occupied by current PAAC
members
• Clarify terms to be served by current members
• Advance nomination and appointment of
Primary and Alternate candidates identified in
City Council Resolution 2023-194
ITEM 9:PAAC MEMBERSHIP
LEGISLATIVE SUBCOMMITTEE
RECOMMENDATION
• That D3 Supervisor and Board of Supervisors
nominate and appoint residents identified by
the city
• Retain limits on the number of committee
members with a financial interest in the airport
and prohibit a majority of committee members
from having a financial or professional interest
in the airport
• Ensure a seamless transition
to avoid any gaps in service
ITEM 9:PAAC MEMBERSHIP
CITY COUNCIL OPTIONS
Direct staff to prepare a letter
consistent with Legislative
Subcommittee recommendation
Provide alternate direction to staff
Take no further action
ITEM 9: PAAC MEMBERSHIP
PROPOSED ACTION
Authorize the City Manager to prepare a letter
for the Mayor’s signature to the San Diego
County Board of Supervisors regarding
proposed amendments to the San Diego
County Administrative Code concerning
membership and selection of the San Diego
County Palomar Airport Advisory Committee.
ITEM 9: PAAC MEMBERSHIP