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HomeMy WebLinkAbout2019-12 - Creating a City Council Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation CommitteeRESOLUTION 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. Resolution No. 2019-12 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. Resolution No. 2019-12 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. 1 ht Diane B. Dixon Mayor ATTEST: ( r Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4 C. Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-12 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12'h day of February, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: None ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of February, 2019. �j4mr Leilani I. Brown City Clerk Newport Beach, California