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HomeMy WebLinkAbout05 - Amending the Structure, Membership, Roles and Responsibilities of the Aviation CommitteePORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN March 26, 2019 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Deputy City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee ABSTRACT: The Council Aviation Ad Hoc Committee was formed to review the structure, membership, roles and responsibilities of the Aviation Committee. The committee has completed its review and developed a list of proposed changes for the City Council's consideration. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2019-26, A Resolution of the City Council of the City of Newport Beach, California, Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At its February 12, 2019 meeting, the Newport Beach City Council approved Resolution 2019-12, forming a Council Aviation Ad Hoc Committee (Ad Hoc Committee) comprised of Mayor Diane Dixon, Council Member Jeff Herdman and Council Member Kevin Muldoon to review the structure, membership, roles and responsibilities of the Aviation Committee (Committee). The Aviation Ad Hoc Committee met on February 26 and developed a list of proposed changes related to the Committee's composition, member terms, roles and responsibilities that would better align the Committee's structure with that of other City Boards, Committees and Commissions (BCGs). 5-1 Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee March 26, 2019 Page 2 The changes, if approved, would enable the Committee to efficiently advise the City on its ongoing initiative to protect the quality of life in the Newport Beach community from further adverse impacts related to John Wayne Airport's operations. Membership With 17 committee member seats and seven alternates, totaling 24 members, the Aviation Committee is currently the largest of the City's BCCs. It is also the only City committee with alternates and it is the only one that includes staff members as voting members. The Ad Hoc Committee discussed the anomalies between this and other City committees and the challenges associated with having a committee of this size such as assembling members for a meeting and confirming a quorum. The Aviation Committee is currently structured to include the following members: • Three (3) City Council members; • Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council; • Seven (7) alternates, one from each City Council district, nominated by the District Council Member and confirmed by the City Council; • One (1) resident of the Newport Coast, if the District #7 or District #6 committee member is not a resident of the Newport Coast (including Newport Ridge and Crystal Cove) nominated by the Mayor and confirmed by the Council; • One (1) member of the general aviation community, nominated by the Mayor and confirmed by the Council; • President of the Airport Working Group (AWG) or his/her designee; • President of Air Fair or his/her designee; • President of Stop Polluting Our Newport (SPON) or his/her designee; • City Manager or his/her designee; • City Attorney or his/her designee. The Ad Hoc Committee is proposing changes to the Committee membership that would reduce its overall size, but still allow for representation from each Council District, organized community-based aviation groups, and other community and aviation -focused individuals. The proposed changes to the Committee's membership include eliminating the District alternate positions, eliminating one City Council member seat, changing the City Manager's and City Attorney's roles from voting members to providing Committee support, and adding a representative -at -large. The Ad Hoc Committee also proposed adding a seat for any new, legally formed, citizen group that has an aviation focus. Specifically, the Ad Hoc Committee desires to have a Citizens Against Airport Noise and Pollution (CAANP) representative on the committee, pending the group's organization as a legal entity. After the Ad Hoc Committee met, Air Fair announced it would no longer be a standalone organization and it would fold back into SPON. Thus, the proposed membership eliminates the Air Fair representative position. 5-2 Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee March 26, 2019 Page 3 As proposed, the Aviation Committee would include 15 members: • Two (2) City Council members; • Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council; • One (1) at -large member, nominated by the Mayor and confirmed by the City Council; • One (1) member of the general aviation community, nominated by the Mayor and confirmed by the Council. • One (1) resident of the Newport Coast, if the District #7 or District #6 Committee member is not a resident of the Newport Coast (including Newport Ridge and Crystal Cove), nominated by the Mayor and confirmed by the Council; • President of the Airport Working Group (AWG) or his/her designee; • President of the Stop Polluting Our Newport (SPON) or his/her designee; • President of Citizens Against Airport Noise and Pollution (CAANP) or his/her designee. The City Manager, City Attorney, and other staff as needed will support the Committee. Member Terms While most City BCC's have member terms of four years, there is no set term for Aviation Committee members. While this has been helpful in retaining experienced members, it does not allow many opportunities for other community members to serve on the Committee. The Ad Hoc Committee is recommending Committee members serve a six- year term with eligibility to serve one additional six-year term, for a total of 12 years. Frequency of Meetings In recent years, the Aviation Committee has met on an as -needed basis. The Ad Hoc Committee proposes changing the meeting schedule to quarterly, at a minimum. This would provide for some consistency in scheduling for Committee members and the public, but also gives the Committee the flexibility to meet more often, when the need arises. Responsibilities The Aviation Committee's responsibilities were last modified by Resolution 2011-31. The recommended changes are intended to further clarify the Committee advises the Council on commercial and general activities and that it provides advise on aviation matters as requested by the Council. If approved, under Purpose and Responsibilities, the first item (A) would read, "Monitoring development, operations, and other commercial and general aviation activities at John Wayne Airport, including but not limited to the JWA Settlement Agreement and reporting to the City Council." 5-3 Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee March 26, 2019 Page 4 The second recommendation is to add a sixth item to the list of responsibilities that would read, "Provide advice on aviation matters as requested by the City Council." Reforming the Committee If the Council is in agreement and accepts the proposed changes, the reduced committee membership size will necessitate embarking on a process to give existing and potential members the opportunity to apply to serve on the restructured Committee. All current Committee members, with the exception of the City Council members and the community group representatives, will continue to serve until June 30, 2019. As of June 30, the term of all current members will end and the terms of the newly appointed citizen members will begin effective July 1, 2019. The new term limits would also require some member terms to be staggered to provide continuity when terms expire. In order to do so in an equitable manner, staff is recommending the following: • New members appointed to represent Council Districts Nos. 2, 4, and 6, the Newport Coast representative, and the at -large representative will have initial terms of three years each and will each be eligible to be reappointed for two, additional six-year terms. • New members appointed to represent Council Districts Nos. 1, 3, 5 and 7, and the general aviation representative will have initial terms of six years each and will each be eligible to be reappointed for one, additional six-year term. The terms for the City Council members and the community groups (the presidents of AWG, SPON and CAANP) will be indefinite. Aviation Committee Discussion Staff presented the Ad Hoc Committee's proposed changes at the Aviation Committee's March 4 meeting. No objections were raised. Next Steps Should the Council adopt Resolution 2019-26, the City Clerk will advertise the Notice of Vacancies on March 30 and applications will be due no later than 12 p.m. on Wednesday, May 8. It is anticipated that the appointments would be made on or before June 25. This timeline aligns the Aviation Committee appointments with the annual appointments to City Boards and Commissions. 5-4 Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee March 26, 2019 Page 5 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2019-26 5-5 ATTACHMENT A RESOLUTION NO. 2019- 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE STRUCTURE, MEMBERSHIP, ROLES AND RESPONSIBILITIES OF THE AVIATION COMMITTEE WHEREAS, on July 10, 1979, the City Council adopted Resolution 9597 establishing the Orange County Airport Aviation Committee ("Aviation Committee") because the City Council was concerned about the welfare of the community and the potential expansion of John Wayne Airport ("JWA"); WHEREAS, as set forth in Council Policy A-17, one of the primary objectives of the City Council is to protect the residents of the City of Newport Beach ("City") from the impacts of aircraft operations at and from JWA; WHEREAS, the impacts related to JWA are now, and will continue to be, a significant threat to the quality of life of City residents; WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 2019-12, forming an Aviation Ad Hoc Committee, comprised of the Mayor and two Council Members, to review the structure, membership, roles and responsibilities of the Aviation Committee and return to the full City Council with a recommendation related to possible changes thereto; WHEREAS, on March 26, 2019, the Aviation Ad Hoc Committee recommended to the City Council that the structure, membership, roles and responsibilities of the Aviation Committee be amended as set forth in Attachment A; and WHEREAS, the City desires to amend the structure, membership, roles and responsibilities of the Aviation Committee to ensure the City is taking all steps necessary to protect the citizens of the City from aircraft operations at JWA. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends the Aviation Committee as described in Attachment A, which is attached hereto and incorporated herein by this reference. Section 2: The City Council hereby repeals all prior resolutions, or parts thereof, related to the Aviation Committee that are in conflict with this resolution. 5-5 Resolution 2019 - Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 26th day of March, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment A: Aviation Committee 5-6 ATTACHMENT A AVIATION COMMITTEE AUTHORIZATION: Established by Resolution No. 9597, adopted on July 10, 1979. Renamed by Resolution No. 82-133, adopted on September 27, 1997. Term extended by Resolution No. 88- 106, adopted on October 24, 1988. Membership expansion by Resolution No. 94- 67, adopted on July 25, 1994. Membership composition and duties changed by Resolution No. 98-15, adopted on February 9, 1998. Appointment of officers added by Resolution No. 2000-8, adopted on January 25, 2000. Membership composition changed by Resolution No. 2002-7, adopted on January 8, 2002. Membership composition changed by Resolution No. 2003-11, adopted on February 11, 2003. Membership and responsibilities changed by Resolution No. 2011-31, adopted on April 12, 2011. Structure membership, roles and responsibilities changed by Resolution No. 2019-_, adopted on March 26, 2019. TYPE: This Committee is a Council/Citizens Committee and a standing committee subject to the Ralph M. Brown Act. MEMBERSHIP: Fifteen (15) total comprised of the following: A. Two (2) members of the Newport Beach City Council appointed by the Mayor. B. Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council. C. One (1) at -large member nominated by the Mayor and confirmed by the City Council. D. One (1) member of the general aviation community nominated by the Mayor and confirmed by the City Council. E. One (1) resident of Newport Coast, if the District #7 or District #6 Committee member is not a resident of Newport Coast (including Newport Ridge and Crystal Cove), nominated by the Mayor and confirmed by the Council. 5-7 F. The President of the Airport Working Group ("AWG") or his/her designee. G. The President of Stop Polluting Our Newport ("SPON") or his/her designee. H. The President of Citizens Against Airport Noise and Pollution ("CAANP") or her/his designee. The committee shall have a Chairperson and a Vice Chairperson appointed by the Mayor. The Mayor has the discretion to appoint either a Council Member or a citizen to either of these two positions. Staff support shall be provided primarily by the City Manager, City Attorney and other staff as necessary. Meetings shall be held quarterly, on a calendar year basis, or as required by the business needs of the Aviation Committee. AWG, SPON and CAANP shall have a continuing duty to inform the Chairperson of the Aviation Committee, in writing, of the name of the President of their respective organizations and the name of any authorized designee. The City of Newport Beach ("City") shall invite a representative of John Wayne Airport ("JWK) and a representative of the City of Costa Mesa to participate in the Committee meetings. MEMBER TERM: The term of members shall be as follows: A. Council Members: Council Members currently appointed to the Committee shall continue to serve, pending City Council action. Council Members terms shall comply with Council Policy A-2. B. Citizen Appointees: (1) Current Members: All previously appointed citizen members of the Committee for Council Districts Nos. 1-7, the Newport Coast representative, the at -large representative, and the general aviation representative, shall continue to serve until June 30, 2019. QUALIFICATION OF CITIZEN MEMBERS: (2) Effective June 30, 2019, the term of all current citizen appointed members of the Committee shall end and new citizen appointed members shall be selected to begin their term effective July 1, 2019, in accordance with Council Policy A-2, except as modified herein. (3) For new citizen appointed members who are nominated and confirmed by the City Council including the district representatives from Council Districts Nos. 2, 4, and 6, the Newport Coast representative, and the at -large representative, shall have an initial term of three (3) years and shall be eligible for reappointment for two (2) additional six (6) year terms. The citizen appointee members who are nominated and confirmed by the City Council including the district representatives from Council Districts Nos. 1, 3, 5, and 7, and the representative of the general aviation community shall have an initial term of six (6) years and shall be eligible for appointment to one additional six (6) year term. Any vacancies shall be filled in accordance with this policy and the person shall serve the balance of the unexpired term for the person they are replacing plus no more than two additional six (6) year terms. C. Community Group Members: The term for the Presidents of qualified community group members (see below for criteria), or their designees, shall be indefinite, pending action by the qualified community group member(s). Citizen appointee members who confirmed by the City Council representatives, at -large member, general aviation community, and representative, shall be: A. A resident of the City; and are nominated and including the district representative of the the Newport Coast 5-9 B. A registered voter in the City; or C. Bring specific expertise to the Committee that may be unavailable within the City (such as general aviation expertise). QUALIFICATION OF COMMUNITY GROUP MEMBERS: A. Current Group Members: The President of AWG and SPON, or their designees, shall continue to serve until June 30, 2019. B. New Group Members: As of July 1, 2019, prior to the President of AWG, SPON or CAANP, or their designees, serving on the Committee, the organization shall: (1) Provide proof to the Chairperson that they are a legally organized entity; and (2) The name of the President of their organization and the name of any authorized designee. PURPOSE AND RESPONSIBILITIES: Advise the City Council on the implementation of the City Council's Airport Policy (Council Policy A-17), including, but not limited, to: A. Monitoring development, operations, and other commercial and general aviation activities at John Wayne Airport, including but not limited to, the JWA Settlement Agreement and reporting to the City Council. B. Monitor current and future policies regarding regional air carrier service and alternative transportation service. C. Monitor State and Federal Legislation as it affects JWA. D. Report on other entities' support of the City's JWA strategy, including corridor cities. 5-10 E. Assist in the dissemination of information to City residents regarding the future status of JWA and the Settlement Agreement. F. Provide advice on aviation matters as requested by the City Council. TERMINATION: The Aviation Committee shall continue until sunsetted by the City Council. 5-11