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HomeMy WebLinkAbout85-67 - Termination of John Wayne Airport Litigationi RESOLUTION NO. 85 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF THE STIPULATIONS FOR TERMINATION OF THE LITIGATION RELATED TO JOHN WAYNE AIRPORT WHEREAS, the City of Newport Beach ( "City ") and the County of Orange ( "County ") have been engaged in a long- standing dispute concerning the County's operation and proposed expansion of John Wayne Airport ( "JWA"); and WHEREAS, since at least 1981, that dispute has resulted in protracted, costly state and federal court litigation between the City and the County; and WHEREAS, Stop Polluting Our Newport ("SPON") and Airport Working Group of Orange County, Inc. ( "AWG") have also been parties to litigation concerning the expansion of JWA; and WHEREAS, persons impacted by operations at JWA have been particularly concerned about the potential for unbridled expansion of the airport; and WHEREAS, the City, SPON, and AWG wish to facilitate the development of an additional airport to serve Orange County; and WHEREAS, prior efforts to develop an additional airport have been hampered by the official policy of the Orange County Board of Supervisors opposing the construction of an additional ability and motivation of the County to develop an additional airport; and i -1- airport in Orange County and the proposed construction of costly physical improvements to JWA that could impair the financial ability and motivation of the County to develop an additional airport; and i -1- 11 • WHEREAS, Public Resources Code Section 21167.8 contemplates and encourages settlement negotiations in lawsuits, such as those between the City, the County, SPON, and AWG, involving issues arising under the California Environmental Quality Act ( "CEQA "); and WHEREAS, settlement discussions have recently occurred between the City, the County, SPON, and AWG; and WHEREAS, those negotiations have produced a proposed agreement which would result in it Stipulated Judgment in the pending federal court litigation that limits, for a 20 -year period, the number of the noisiest commercial flights, the total number of passengers served by commercial and commuter air carriers, and the maximum size of certain facilities improvements at JWA; WHEREAS, the County will incur significant expenses to maintain noise monitoring equipment needed to enforce the Agreement; WHEREAS, as part of the proposed settlement, the County would agree to rescind its resolutions opposing the study or development of potential alternate airport sites in Orange County; and WHEREAS, in certifying EIR 508 /EIS as legally adequate and complete, the Board of Supervisors expressed a desire to study the possibility of identifying an additional commercial airport site to supplement the EIR 508 /EIS Project service level; and WHEREAS, the proposed settlement would also result in a complete termination of all litigation between the City, SPON, AWG, the County, and the United States of America regarding JWA -2- (City of Newport Beach v. County of Orange, O.C.S.C. No. 35 -31 -01 and 4th Dist. No. G000160; County of Orange v. Superior Court, 4th Dist. No. G002880; City of Newport Beach v. County of Orange, O.C.S.C. No. 42 -53 -94 and 4th Dist. No. G002228; Pacific Southwest Airlines v. County of Orange, C,.D. Cal. No. CV 81 -3248 is TJH[Gxl; County of Orange v. Air California, C.D. Cal. No. CV 85- 1542 TJH [Mexl; and WHEREAS, the County has insisted, as part of the proposed settlement, that the City agree not to interfere with the funding, implementation, or operation of the EIR 508 /EIS Project, and that the City join the County in actively defending the EIR 508 /EIS Project in any litigation; and WHEREAS, the additional mitigation of the JWA airport project contained in the proposed settlement would provide a substantial benefit to persons impacted by operations at JWA by reducing the project's adverse environmental impacts and eliminating the threat of unbridled expansion of JWA during the 20 -year term of the agreement; and WHEREAS, the City's agreement to join the County in actively defending the EIR 508 /EIS Project will help protect the long -term enforceability and inviolability of the limits contained in the Stipulated Judgment concerning regulated ADDS, Class A ADDS, MAP levels, facilities improvements, curfew provisions, and regulation of general aviation aircraft noise; and WHEREAS, the proposed settlement would create a favorable environment for the study and development of an • additional airport by terminating the JWA litigation, rescinding the County resolutions opposing the study or development of potential alternate sites, and ensuring that the expansion of JWA -3- • • will not impair the County's financial ability to develop an additional site; and WHEREAS, continued litigation regarding JWA would hamper efforts to develop an additional airport; and WHEREAS, without a settlement, the City's long -tern. ability to limit the level of operations or size of the facilities at JWA to the levels imposed by the proposed agreement is problematical. NOW, THEREFORE, BE IT RESOLVED: 1. During the Project Period, the City agrees not to challenge, impede, or contest, by or in connection with litigation, or any adjudicatory administrative proceedings, or other action, the funding, implementation, or operation of the EIR 508 /EIS Project by the County and the United States; nor will it urge other persons to do so, or cooperate in any such efforts by other parties except as may be expressly required by law. Nothing in this Resolution prohibits the City from submitting comments or presenting testimony upon any future environmental documentation which may be prepared by the County, or from challenging any project which is not part of the EIR 508 /EIS Project. 2. During the Project Period, the City agrees that it will, at its own expense, actively ;join the County in defending, in any pending or future litigation,the EIR 508 /EIS Project, or the County's regulations or actions enforcing limitations upon or implementing the project. -4- 3. The City shall, as part of the Agreement, contribute $35,000.00 to the Airport Enterprise Fund to defray the cost of the noise monitoring equipment. 4. The City Attorney and Special Airport Counsel are • authorized to execute the Stipulations for termination of the litigation related to JWA, copies of which are attached hereto as Exhibits "A" - "E," inclusive. 5. This Resolution will not be effective without (a) execution of the Stipulated Judgment in the pending federal court litigation, and the stipulations in the other pending actions, by the County, SPON, AWG, and the United States of America, (b) the County's passage of resolutions concerning additional mitigation of the JWA airport project, modification of its findings regarding certification of EIR 508, and rescission of its resolutions opposing the study or development of potential additional airport sites in Orange County (copies of which are attached to Exhibit "A" hereto), and (c) entry of the Stipulated Judgment in County of Orange v. Air California,. C.D. Cal. No. CV 85 -1542 TJH [Mex]. ADOPTED this 26th day of gu , 1985. Oh AIA Mayor ATTEST: C'it.y Clerk i . Note: See contract file number 2535 -5-