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Home My WebLink About05 - Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation CommitteeQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report February 25, 2025 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, Assistant City Manager - 949-644-3035, tinnigan@newportbeachca.gov TITLE: Resolution No. 2025-10: Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee ABSTRACT: If adopted, Resolution No, 2025-10, would establish the Aviation Ad Hoc Committee, comprised of three City Council members, to review and make recommendations regarding the structure, membership, roles and responsibilities of the Aviation Committee. RECOMMENDATIONS: 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; and b) Adopt Resolution No. 2025-10, A Resolution of the City Council of the City of Newport Beach, California, Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee; and c) Appoint Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto and Councilmember Noah Blom to serve on the Aviation Ad Hoc Committee. DISCUSSION: At the request of Councilmember Noah Blom pursuant to City Council Policy A-1, at its February 11, 2025 meeting, the City Council considered forming an ad hoc committee to review and make recommendations regarding the structure, membership, roles and responsibilities of the Aviation Committee. The Council voted unanimously 7-0, via a straw poll, in favor of staff returning with an item. If adopted, Resolution No. 2025-10 would create the Aviation Ad Hoc Committee consisting of three Councilmembers appointed by Mayor Joe Stapleton and confirmed by the entire City Council. The ad hoc committee would be responsible for reviewing and making recommendations to the City Council regarding possible changes to the current structure, membership, roles and responsibilities of the Aviation Committee. 5-1 Resolution No. 2025-10: Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee February 25, 2025 Page 2 The Aviation Ad Hoc Committee would expire upon making its recommendations to the City Council or December 31, 2025, whichever occurs first. Additionally, for the Council's consideration, are the appointments of Mayor Pro Tern Lauren Kleiman and Councilmembers Michelle Barto and Noah Blom to serve on the ad hoc committee. FISCAL IMPACT: There is no fiscal impact related to the adoption of Resolution No. 2025-10. 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. 2025-10 5-2 ATTACHMENT A RESOLUTION NO.2026-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING THE AVIATION AD HOC COMMITTEE TO REVIEW THE STRUCTURE, MEMBERSHIP, ROLES AND RESPONSIBILITIES OF THE AVIATION COMMITTEE WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; 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, 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; WHEREAS, on April 12,_ 2011, the City Council adopted Resolution 2011-31, which amended the membership and responsibilities of the Aviation Committee to better align the Aviation Committee structure and membership with the City Council's goals; WHEREAS, on March 26, 2019, the City Council adopted Resolution 2019-26, which amended the structure, membership, roles and responsibilities of the Aviation Committee to better align the Aviation Committee structure and membership with the City Council's goals; and WHEREAS, the City Council desires to create an Aviation Ad Hoc Committee for the purpose of reviewing 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. 5-3 Resolution No. 2025- 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 the Aviation Ad Hoc Committee ("Committee"), which shall be comprised of three Council Members appointed by the Mayor and confirmed by the City Council. The term of the appointed members of the Committee shall be indefinite pending City Council action or termination of the Committee as set forth in this resolution. Section 2: The sole purpose and responsibility of the Committee shall be to make recommendations to the City Council regarding possible changes to the structure, membership, roles and responsibilities of the Aviation Committee. Section 3: The Committee shall function as an ad hoc committee and shall not be subject to the Ralph M. Brown Act codified in California Section 54950 of seq. Section 4: The Committee shall expire upon making its recommendations to the entire City Council at a noticed public meeting of the City Council or December 31, 2025, whichever occurs first. Section 5: 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 6: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 7: 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5-4 Resolution No. 2025- Page 3 of 3 Section 8: 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 25th day of February. 2025. Joe Stapleton Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TORNEY'S OFFICE Aaron C. Harp City Attorney 5-5