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Home My WebLink About07 -Formation of a City Council Aviation Ad Hoc Committee to Review the Roles & Responsibilities of the Aviation CommitteeTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report February 12, 2019 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 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. 2019-12: Formation of a City Council Aviation Ad Hoc Committee to Review the Roles & Responsibilities of the Aviation Committee ABSTRACT: The Aviation Committee's membership and responsibilities were last reviewed and updated in 2011. Given the City's ongoing, multifaceted approach to protecting the quality of life in the community from further impacts related to John Wayne Airport's operations, a review of the committee's structure and duties could help to identify changes to further enhance the City's efforts and ensure the community's input is effectively received. 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. 2019-12, A Resolution of the City Council of the City of Newport Beach, California, Creating a City Council Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee; and c) Confirm the appointment of Mayor Diane Dixon, Council Member Jeff Herdman and Council Member Kevin Muldoon to the Aviation Ad Hoc Committee. FUNDING REQUIREMENTS: There is no fiscal impact related to this item other than the staff time allocated to provide administrative support to the Ad Hoc Committee as requested. 7-1 Resolution No. 2019-12: Formation of a City Council Aviation Ad Hoc Committee to Review the Roles & Responsibilities of the Aviation Committee February 12, 2019 Page 2 DISCUSSION: The primary responsibility of the Aviation Committee (committee) is to advise the City Council on the implementation of its Airport Policy, Council Policy A-17, including monitoring John Wayne Airport operations and activities, monitoring legislation and policies, and assisting in the dissemination of airport -related information to Newport Beach residents. The committee was established in 1979 and its structure, duties, membership and term have been periodically reviewed and updated. The last comprehensive review of and changes to the committee's membership and responsibilities occurred in April 2011. Since that time, the John Wayne Airport Settlement Agreement was successfully amended, the Federal Aviation Administration has implemented its Southern California Metroplex project, and most recently, the County of Orange has circulated a draft environmental impact report for a General Aviation Improvement Project. These and other airport -related issues led the City to augmenting its team of aviation consultants, working even more closely with the community's citizen advocacy groups, and developing a multifaceted approach to protecting the quality of life in the community from further impacts related to John Wayne Airport's operations. A current review of the committee's structure, membership, roles and responsibilities could potentially identify changes that further the City's efforts. 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. 2019-12 7-2 ATTACHMENT A RESOLUTION NO. 2019- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING A CITY COUNCIL AVIATION AD HOC COMMITTEE TO REVIEW 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 5, 2011, the City Council met to discuss the goals it intended to address in 2011, and, made it a goal for the year to ensure the City continued to protect the citizens of the City by extending the protections contained in the JWA settlement agreement and related County of Orange ("County") ordinances; WHEREAS, on April 12, 2011, the City Council adopted Resolution 2011-31, which adjusted the membership and responsibilities of the Aviation Committee to better align the Aviation Committee structure and membership with the City Council's goals; WHEREAS, since the last comprehensive update to the Aviation Committee's structure and membership, the Federal Aviation Administration has implemented the Southern California Metroplex Project and the County is considering moving forward with a General Aviation Improvement Program; WHEREAS, periodic review of the structure, membership, roles, and responsibilities of the Aviation Committee is necessary to ensure the City is taking all of the steps necessary to protect the citizens of the City from aircraft operations at JWA; and WHEREAS, the City Council desires to form 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, if any. 7-3 Resolution No. 2019 - Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Aviation Ad Hoc Committee, which shall be comprised of the Mayor and two Council Members appointed by the Mayor and confirmed by the entire City Council. The sole purpose and responsibility of the Aviation Ad Hoc Committee shall be 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, if any. Section 2: The Aviation Ad Hoc Committee shall be an advisory committee and shall expire upon making a recommendation to the entire City Council regarding any modifications to the structure, membership, roles and responsibilities of the Aviation Committee or December 31, 2019, whichever occurs first. Section 3: The Aviation Ad Hoc Committee shall not be subject to the Brown Act; however, the recommendation of the Aviation Ad Hoc Committee regarding any possible modifications to the structure, membership, roles and responsibilities of the Aviation Committee shall be considered at a noticed and public hearing by the entire City Council. Section 4: 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 5: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 6: 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. 7-4 Resolution No. 2019 - Page 3 of 3 Section 7: 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 12th day of February, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S OFFICE Aaron C. Harp City Attorney 7-5