MANAGER'S AIRPORT UPDATE
Manager Propst discussed the Airport Master Plan, stating that it was reviewed and approved by the City Council on May 20, 2003, "primarily for budgetary purposes and conception." He said that copies were sent to the Federal Aviation Administration (FAA) and to the Airport Land Use Commission (ALUC).
Manager Propst explained that the California Environmental Quality Act (CEQA) clearances are being pursued; the consulting firm of P & D Aviation was hired to prepare a draft document that will be formalized and promulgated according to the CEQA requirements; during the process there would be a "comment period for interested parties." Manager Propst explained that the City Council would review the document; he stated that hoped the issue would be put on the City Council agenda as soon as possible; and the new hangar project cannot move forward until the CEQA requirements are met.
Manager Propst reported that the City Council approved the two-year budget on June 17, 2003, which included the airport budget of $1,015,510; concurrent with the CEQA documentation a Request For Proposal (RFP) for hangar construction will be made, but will not be submitted until CEQA requirements have been met.
Member Blumer/Manager Propst/Chair Polley discussed the CEQA requirement; that it was passed by the state legislature, but Manager Propst stated that he did not know when it was passed; it will cost the airport four times what it cost do the Master Plan: The Master Plan cost $168,000, the airport's cost was about $9,000; it will cost between $25-$40 to go through the CEQA process; no federal funding is available because it is a state not a federal requirement; it will be on the City Council agenda as soon as possible. Manager Propst said progress on this project has moved quickly; P & D Aviation provided a draft document to the Development Services Department to review; a bid process will be conducted; he was surprised by how immense the task of meeting the CEQA requirement is; and predicted that the City of Buena Park would object to some land use aspects of the Master Plan.
Manager Propst discussed the third track Burlington Northern Santa Fe Rail that will be built; this will increase train traffic exponentially; the obstruction lights next to the railway will be displaced, and the five old telegraph communication poles that the trains used one-hundred years ago will be used to power to them; except for engineering costs, Burlington would pay to put up new obstruction lights on the north side of the track a little farther to the west.
Chair Polley/Manager Propst discussed how the current obstruction lights on the south side of the tracks do not clear some of the trains; stationary trains obscure the obstruction lights; and by putting new lights on the north side of the track obstructions/lights should be visible.
Manager Propst reported that the northwest ramp project was in the contracting phase for the design engineer; that week a resolution was found for a disparity between the contract engineering firm and the independent estimate; Propst explained why and what occurred to produce the disparity; design work for the asphalt for the northwest corner had begun; and the mayor accepted a FAA grant for $680,000 for construction.
Manager Propst reported on recent airport operations: summer operations were low; May operations were 7,922; operations for a 12-month totaled about 99,000; June operations were 6,888 with a 12-month total of just over 96,000; July were 7,758 and the 12-month total was about 94,000; the high this year was 102, 681 operations at the end of February; and overall operations were down nearly 8,000 operations for the past six or seven months.
Member Lake asked about the cause of the decrease. Manager Propst answered that the weather in June 2003 was bad; reported that airport businesses have complained about slow business; that operations for this year appeared worse than past years'; transient traffic and flight school activity was low; and the over all economy was bad in June, with the bond market booming and the stock market down. Propst suggested that the decrease was primarily due to the lagging economy and poor weather.
AIRPORT SECURITY
Manager Propst reported that the airport is using a new DSL provider; that the new IP address has been changed to 68.122.250.52, which is shown on downloading instructions on the airport's web-site; and that the software for displaying the camera images works well.
Manager Propst pointed out that Secretary Rossetti provided members with calendars showing meeting dates. Manager Propst proposed that the committee should begin meeting quarterly, based on the charter; explained that the initial charter commissioned the committee to meet monthly, but in 1985 it was changed to meet a minimum of twice a year: one meeting would be at budget time and another some time during the year; he suggested that quarterly meetings begin in November 2003 and subsequent meetings would be May and August 2004; explained that the change would minimize the committee's time at meetings and the staff time required to prepare minutes and agendas; and pointed out that minutes were not prepared for a couple of meetings because of constraints on airport staff's time.
Member Lake stated that he noticed there have been, occasionally, people made available from other departments to assist with transcribing minutes, and asked if there are others within the City of Fullerton that can transcribe minutes. Manager Propst explained that while there are other City employees who can transcribe minutes, by resolution the committee is staffed by the airport; minutes, agendas, and all meeting documents are prepared by the administrative secretary for the airport; reduced City staff precludes him from asking another City department to provide clerical support to the airport; Propst explained that when the previous secretary retired he was able to find clerical help to transcribe minutes, but that person had taken a full-time position in the City Clerk's office. Manager Propst reiterated that meeting quarterly would be more efficient; and that the committee's chairperson could contact him to request an interim meeting if there was an important issue to discuss before the regular quarterly meeting; and if there was an issue Manager Propst needed advisement from the committee about, he would schedule an interim meeting.
Member Lake inquired about the Disneyland Temporary Flight Restriction (TFR). Manager Propst expressed his personal opinion, stated that Disneyland is a very powerful organization; that he did not know why there were not TFRs over other amusement parks in the country. Lake/Propst discussed how the TFR was established, the possibility of contacting Congressman Ed Royce about the TFR; Propst explained that it would be the Fullerton City Council's responsibility and not his to contact Congressman Royce if the committee was concerned about the TFR. Propst explained that he had not received complaints about the TFR; that pilots may get a Class "C" departure or an Instrument Flight Rules (IFR) departure through the TFR, or if flying Visual Flight Rules (VFR), pilots may make a right downwind departure or a right base leg departure.
Manager Propst mentioned a situation on August 21, 2003 when a small plane flew into restricted airspace and was confronted by an F-16 aircraft during President George Bush's visit to San Diego. Propst stated that pilot had probably not read the TFR and was seriously at risk.
Member Lake suggested that the TFR might be impacting airport operations. Member Blumer stated that the right downwind departure to the Santa Ana Canyon is a safety issue for the Fullerton Airport, and ought to be brought up as a concern (to the City Council). Manager Propst offered to discuss this issue with the city manager to determine if the City Council should be informed; however, he explained that his opinion was to take more serious matters to the City Council, such as the Enhanced Class "B" airspace restriction, if it were to go back into effect, particularly because it would have a more adverse effect on the airport than the TFR.
Chair Polley mentioned that there had been a previous discussion about taking the issue of the airport's Class "D" airspace going outside the Class "B" airspace to Congressman Royce, to which Manager Propst responded that, at the time a meeting was going to be arranged, but the restriction was rescinded first. Propst emphasized that he would have done everything possible, he even would have taken the issue to Senators Feinstein and Boxer, to get relief if the airport had continued to be impacted by the restriction. Polley suggested that the issue of the Enhanced Class "B" restriction be addressed before it became a serious problem, to which Propst said he would be willing to agendize the topic for discussion at the next committee meeting.
Member Woosley asked if there was a movement afoot to re-impose the Enhanced Class "B" restriction, to which Manager Propst responded that there was not; but that he mentioned it to make a point that if an issue was to be brought to the City Council to recommend discussion with Congressman Royce, it should be a serious issue, such as the Enhanced Class "B" restriction. Propst stated that the Disneyland TFR is more of a nuisance for aviators. Member Lake disagreed with Propst saying both were issues that should be addressed. Discussion continued.
It was moved by Member Lake, seconded by Member Blumer, and unanimously approved to have a meeting of the Airport Advisory Committee on September 25, 2003, and that the Disneyland TFR and the Enhanced Class "B" airspace restriction be agendized for that meeting.
Manager Propst explained that when meetings are held more often than quarterly, preparation of the minutes would probably be delayed. Members expressed no opposition.
Member Blumer stated that he thought the appropriate way to treat the Disneyland TFR was to send a letter to the City Council and they could forward it to Congressman Royce. Manager Propst agreed to agendize the topic for the next meeting and said he would make sure the City Council was made aware of the committee's recommendations.
SUBCOMMITTEE STATUS REPORT
Member Lake, chair for the subcommittee, distributed a document to the committee, and Manager Propst requested a copy for the airport file. Member Lake gave an oral presentation; first reviewing discussion during the previous Airport Advisory Committee meeting about the committee's charter (Resolution). He expressed his opinion that the committee should report directly to the City Council as a citizen's oversight committee rather than "just at the pleasure of the airport management." In his presentation he expressed that the committee has not been effective as it is currently chartered; having bi-annual or quarterly meetings is not sufficient, and having meetings monthly is important. Lake stated there are serious problems with the airport, which was evidenced by the 15 percent hangar fee increase that should have been increased yearly. He also stated that City Council has been lead to believe that the airport has been operating at a surplus, when in fact, it operates at a deficit; that surplus money should have been used to repair infrastructure, which is now collapsing; and it is unsatisfactory to wait until the buildings are in such disrepair that they have to be destroyed and rebuilt. Lake suggested that by increasing rents regularly, money could have been used to repair the hangars as they were breaking down, which would have allowed for a longer life for the current hangars and "a lot less grumbling amongst the people who are renting them." He ended by stating that he believes that "the airport needs some direct oversight on the part of the citizenry reporting directly to the City Council."
Member Rennie asked if there were other City of Fullerton committees that report directly to the City Council. Member Lake answered that the Planning Commission does. Lake explained that he attended a meeting last month for all City of Fullerton committees and commissioners where he learned that most committees report directly to the City Council and not to the division managers. Rennie asked Lake how the committees function and what powers they have. Lake explained that the committees advise the City Council; suggested that if all committee members oppose what the management believes, that "the City Council's going to take a very close look to see why everyone's in opposition." Lake asserted, the Airport Advisory Committee's views had not been expressed to the City Council, especially on the Master Plan, and that Director of Development Services Paul Dudley believed the committee was unanimously in favor of the Master Plan update. Manager Propst interjected saying Mr. Dudley was not present in the meeting to comment. Member Lake then addressed Member Blumer asking if he (Blumer) thought he (Lake) might have misunderstood Mr. Dudley; Member Blumer replied that he "did not think so." Manager Propst restated that Mr. Dudley was not at the meeting to comment and that he (Propst) was not at the meeting for the boards, committees, and committees, so he could not verify the information. Member Lake said he was not the only one who heard Mr. Dudley.
Member Lake proposed that the committee ask the City Council to agendize the issue of the committee's charter for the September 2, 2003 Council meeting, to which Chair Polley expressed that he did not think this would occur. Lake then suggested agendizing it for the next scheduled Council meeting.
Manager Propst reiterated that the committee's function is to make recommendations to him first; they, therefore, need to make a recommendation regarding their subcommittee status report to him. He reported that the September 2, 2003 City Council meeting was cancelled.
It was motioned by Member Lake, seconded by Member Blumer, and approved unanimously that at the first available City Council meeting the Airport Advisory Committee would present their recommendation to use the Airport Advisory Committee as a citizen's advisory committee that reports directly to the City Council.
The committee proceeded to discuss the motion: Member Rennie inquired as to what the committee was going to ask of the City Council, to which Lake responded, they would ask the Council to charter them; rather than "operating at the airport manager's behest;" and they would report directly to the City Council. Rennie acknowledged that he understood that aspect of the motion, but he was confused about how the committee would interact specifically with the Council--the mechanics of the process, to which Lake explained that agendas and minutes would be provided to the City Council. Manager Propst interjected, saying that the City Council already receives the committee's agendas and minutes. Rennie restated his question saying that he wondered how the functions of the committee would change, and what it would mean to report directly to the City Council. Lake explained that they would be free to state their objections, not "filtered" (by Manager Propst) in the form of a report that would be given directly to the Council. Rennie asked Lake if he had looked into how the other committees were actually chartered and what their charters said, to which Lake said he looked forward to the City Council giving the committee the benefit of using other City charters. Rennie asked Lake if he wanted the committee to request the City Council to charter them similarly to other City committees, to which Member Lake answered affirmatively.
Member Woosley asked if Member Lake had seen other City charters, to which Member Lake said that permission had not been granted by the City Council to do so. Manager Propst explained, anyone including non-citizens of Fullerton could obtain copies of committee or commission charters (City Resolutions); they are public record, but that the City charges a fee for making the copies.
Member Rennie stated that he wanted to learn how other committees were set up so the committee could make an informed decision about how to proceed and what to expect. He asked Lake if he wanted the committee to ask the City Council to re-charter the committee, to which Lake answered affirmatively. Rennie/Lake continued discussing this issue in response to Rennie's request for detailed information about what would occur and what to expect before he agreed to ask the Council to make changes to the committee's charter.
Member Woosley expressed concern about the future stability of the committee: If the City Council decided to change the charter to make the Airport Advisory Committee a citizen's oversight committee, there might be no assurance that the Airport Advisory Committee would automatically transition, and they could become "completely superfluous" or changed into another committee.
Member Lake agreed, but expressed that he did not think the committee was of value, neither did it serve any purpose. He pointed out that Sid Gillman retired from the committee; reported that he heard Mr. Gillman express anger about the superfluous nature of the committee, and that Mr. Gillman almost did not show up for the last meeting because of this.
Manager Propst explained how the committee was formed; it grew out of the 1981 Master Plan; there may have been an airport commission prior that he was not aware of; the committee was originally chartered as the Airport User's Task Force; the charter is very specific about the committee's purpose, which is to provide a forum for users to communicate with the airport manager on very specific issues, those that do not include business transactions, primarily leasing and financial business agreements; it included a charter that says they will participate in potential improvements to the airport for the benefit of the flying public and the general public; that the Airport User's Task Force would provide help on Airport Day and assist with educational activities; was a group that allowed the airport users to offer input to the airport manager; that Mr. Woosley's comments were germane (that the committee might change into another type of committee if it was re-chartered by the City Council); and the charter is clear that the committee is for users of the airport to communication with the airport manager.
Member Rennie asked for clarification about how of other committees/commissions, for example the Planning Commission, interacts with building department staff. He expressed that ultimately division managers have a final say in all matters because they are directly involved in the function of the department; that it might be better to approach Manager Propst directly with disagreements. Member Lake agreed, but stated that he understood Manager Propst to mean he is not willing to "discuss anything of a financial nature with the Airport Advisory Committee." Rennie asked if the Planning Commission discussed financial information.
Manager Propst explained that of all City committees, commissions, and authorities, the Library Trustee Board is the only one with some financial control of the library, and that it is by California law; the Community Services Commission has input to capital improvement projects for the benefit of Fullerton's community services; the Planning Commission, by ordinance of the City Council, has functions which may be appealed to the City Council; the board of directors of the Arboretum Joint Powers has direct financial control of the arboretum because it is involved with its operations, including financing, hiring, and firing; and there are few committees, boards, or commissions that have any financial jurisdiction over City divisions or departments.
Member Rennie inquired as to what exactly the Airport Advisory Committee wants to control and about what they should have jurisdiction or power over; that he does not "want to get into Rod's day-to-day business on what he should buy or what he shouldn't buy." Rennie expressed that he wanted more say in airport matters and that the committee's functions could be revised, but that he was not clear about how other committees and commissions interacted with the division managers.
Member Lake suggested that the City Council might allow the Airport Advisory Committee to meet with other City committees to learn from them. He commented that because the airport has a large budget, it is not like other City enterprises with much smaller budgets.
Member Rennie/Member Lake discussed how the committee would function in relation to overseeing the airport budget, with Lake suggesting that the committee would have the power to point out deficiencies and express when they think money is not properly spent, as with the hangar rent situation. Lake clarified his vision for the committee: The committee would report directly to the City Council, after discussion with Manager Propst, but that they could express disagreement with Propst directly to the Council, and that Propst could not tell them that he is not willing to discuss financial matters with the committee.
Manager Propst interjected, reiterating that their charter says that the airport manager will meet with the committee at least twice a year: once at budget time to discuss the annual budget and the capital improvement program. He stated that has done that.
Member Lake objected, stating that Manager Propst said he does not discuss things of a financial nature with the committee, to which Manager Propst restated what he actually said; he will never, as long as they are chartered the way they are, bring them any kind of business agreements; however, if the Council told him to discuss every lease agreement with the Airport Advisory Committee, only then would he. Propst stated that he believes the committee's meetings are not the proper forum for discussing with airport users airport business agreements, especially because each member has a vested interest in the airport.
Member Rennie agreed with Manager Propst, and explained that he understood what Propst meant; that Propst does discuss the airport budget with them, for their review and comments. Rennie stated that negotiating lease agreements with airport businesses should not be within the committee's realm of responsibility.
Member Lake agreed with Member Rennie, stating that it would be a conflict of interest; but if a member had a business at the airport, that member would not vote on his own lease issues. Rennie said he would not want his competitors to have decision-making power over his business functions, to which Member Blumer pointed out that Rennie's business is not a public enterprise. Rennie/Lake continued discussion on this issue; Manager Propst added, as the airport manager he makes recommendations to the City Council about the airport budget, and about preparing the budget, based on a set of guidelines promulgated by the city manager; leases are negotiated in private with potential lessees; Propst offers his recommendations to the City Council, which are based on existing conditions; then, once the City Council takes action on a lease it becomes public record. Rennie/Lake continued discussion. Propst clarified that what he meant was, he was not excluding the airport budget from discussion, in fact, he had already presented the budget to the committee, in accordance with their charter.
Member Lake expressed that he thought the discussion was diverging from the actual issue, to which Manager Propst responded, asking Lake if he wanted the recording secretary to read the motion to get the committee back on track.
Member Rennie then asked Member Lake which financial issues he was concerned about, to which Lake responded by giving the example of the hangar rent increase. Rennie agreed, saying "every pilot that rents a space or hangar should have a say in it." Rennie disagreed with Lake on the issue of bringing lease agreements for airport businesses to the committee. Lake explained that he had not suggested that the committee discuss contract negotiations, to which Rennie responded that he was still unclear about exactly what financial issues Lake wanted the committee to address. Rennie asked for clarification about what Lake wanted the committee to ask of the City Council; Lake explained that he wanted the City Council to assist the committee with re-chartering them as others within the community are chartered; not that the committee create their our own charter, but the City Council would re-charter the Airport Advisory Committee as a citizen's advisory group. Rennie pointed out that each committee's or commission's charters vary for different reasons; therefore, the Airport Advisory Committee should explain to the City Council exactly what ought to be changed in the charter and what power the committee should have. Rennie predicted that the Council might want that information before approving the committee's requests.
Chair Polley suggested that the committee review other City charters, to help determine what they wanted to ask the City Council to do. Member Rennie added that (the subcommittee) could define what they thought was important and what the committee should be; Member Woosley suggested that this issue could be added to the committee's agenda for the next meeting. Discussion continued.
Manager Propst reiterated that the committee's current charter requires the committee to make recommendations directly to him; suggested that they make a motion to agendize the issue under discussion, and to ask him for a staff report citing the powers both codified and by resolution of other citizen advisory groups; stated that he would prepare a staff report that explains the functions and powers of other City of Fullerton committees and commissions; that they can discuss this issue and take action at the next meeting. He added, at that meeting they could decide to re-charter the committee and consult with the Council about doing so; but that their request would have to be reported to the City Council by him; they have a right to meet with members of the City Council individually, as some already have; and Propst offered to provide them with copies of charters (Resolutions) of other City committees and commissions.
Member Lake asked when Manager Propst would provide them with the staff report, to which he replied that he would put aside other projects to prepare the staff report, and he would make copies of the other charters (Resolutions) before their next meeting in September 2003.
Member Woosley affirmed the proposed actions, stating that the committee needed to define what it intends to propose. Woosley expressed that Member Lake's suggestion about the committee discussing financial issues was misinterpreted-"kind of blown out of proportion;" and said no one on the committee "ever thought that we want to see individual lease transactions." Lake affirmed; Woosley summarized that he thought Lake was primarily asking that the committee report directly to the City Council. Lake added that the committee should also discuss airport policies, and said how "appalled" he was at the condition of the hangars (wooden T); that they were in disrepair as a function of hangar rents not being increased annually to provide funding for hangar improvements.
Manager Propst responded, "Mr. Lake, I'm going to make sure Jackie (airport administrative secretary) puts that in as your opinion," to which Member Lake responded, "That's my opinion." Propst added, "that is clearly not the management's opinion of the state of the hangar repair." Lake/ Propst discussed the condition of the hangars, both reporting that they have seen the hangars, some of which are supported with cable; Propst pointed out that the wooden T hangars are 65 years old; and that a significant amount of money is spent on hangar repairs.
Member Lake/Manager Propst discussed why the committee had not confronted the issue of the condition of the wooden T hangars previously; Lake saying that the committee was not made aware of the situation; and Propst expressing surprise that a committee made up of airport users was not "apprised of the hangar conditions."
It was motioned by Member Lake, seconded by Member Rennie, and approved unanimously that Manager Propst prepare a comprehensive staff report about the functions of other City committees, particularly those with similar budgets, to be discussed by the committee at their September 25, 2003 meeting.
(Secretary's Note: It follows logically that this motion nullifies the previous motion to present the committee's recommendation to "use the Airport Advisory Committee as a citizen's advisory committee that reports directly to the City Council at the first available City Council meeting," since the next City Council meeting is before the next Airport Advisory Committee meeting. It may have been said by Member Lake that he rescinded his previous motion, but the committee did not vote on that matter. Therefore, this office assumes the abovementioned motion supersedes the aforementioned motion.)
Chair Polley asked how soon the committee should expect to receive the staff report, to which Manager Propst replied that his goal was to have it ready at least a week before their meeting, by about September 13, 2003; that if they did not received it by then members could contact Secretary Rossetti.
Manager Propst added that if anyone on the committee was not receiving agenda packets to please verify that the airport administrative office have their correct mailing address; to which Member Rennie replied that he received them by email and that was sufficient; Member Lake asked Secretary Rossetti to change his mailing address and gave her his business card.
