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HomeMy WebLinkAbout13 - 2001 Legislative Platform AmendmentITEM 13 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Deputy City Manager SUBJECT: Amendment to City's 2001 Legislative Platform RECOMMENDED Amend the City's Legislative Platform for 2001 reflecting a change to Section Five ACTION: relating to Aviation. SUMMARY: When the City Council approved the City's 2001 Legislative Platform on January 9, 2001, the Council asked that the section on Aviation be refined to more precisely reflect the City's overall aviation goals. These goals are described in detail within Council Policy A -17 (see Attachment B). This Agenda Item amends the 2001 Legislative Platform to refer directly to Council Policy A -17 so that the Legislative Platform always complies with A -17. BACKGROUND: Please refer to the Staff Report from January 9, 2001 for information about the Council's adoption of the 2001 Legislative Platform. This Agenda Item proposes an amendment to Section 5 of the Platform ( "Aviation' -- see Attachment A) by succinctly referring directly to Council Policy A -17 (Newport Beach Aviation Policy). Additions to the Platform text suggested by this Agenda I tem are underlined, while deletions are stmek out. ATTACHMENTS: Attachment A - 2001 Legislative Platform Attachment B - Council Policy A -17 (Newport Beach Aviation Policy) Newport Beach City Council Page 2 Attachment A City of Newport Beach 2001 Legislative Platform (as adopted January 9, 2001) I — FISCAL STABILITY. The City's objective is to protect existing revenue levels and to limit the cost of government upon the taxpayers of Newport Beach. The City also seeks to protect Newport Beach residents and businesses from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life. Therefore, the City shall: (a) Advocate for a stable, safe, and economical supply of electricity and natural gas provided by either investor -owned utilities or public- sector providers. (b) Support legislation leading to greater financial independence from State government and which would result in greater predictability in local government budgeting. (c) Oppose legislation that would impose state and federal mandated costs for which there is no local reimbursement or offsetting benefits. (d) In the absence of statewide fiscal reform, the City shall oppose legislation that reduces or eliminates existing local revenue sources, including the city share of property tax, sales and use tax, local governments' share of vehicle license fees, transient occupancy taxes, business license taxes, and State subventions to local governments. (e) As a part of a comprehensive reform package, the City will support changes in the State -Local fiscal relationship if the changes maintain or improve revenues to local governments, promote local discretion on land use decisions, and result in the long -term stability of local government revenue sources. (f) Support legislation that reforms California's tort system to curtail unreasonable liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (g) Oppose any changes in State law that would limit the ability of charter cities to preserve the local revenue base. II — REGIONAL COORDINATION. The City supports regional cooperation that does not infringe on local areas of authority without offsetting financial benefit. Therefore, the City shall: (a) Support reform of existing state, regional, and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. (b) Oppose legislation that creates or grants powers to sub - regional or regional bodies that would infringe on local concerns. III - LABOR RELATIONS. The City respects the working conditions, benefits, and rights of Newport Beach employees and the conservative fiscal management principles of the community. Therefore, the City shall: (a) Oppose legislation that would impose compulsory and binding arbitration with respect to public employees; with the States passage of binding arbitration for fire and police wages, the City shall advocate for full reimbursement from the State Mandates Claims Fund for any arbitration awards resulting from SB 402 (Burton, 2000). Page 3 (b) Oppose legislation that imposes mandated employee benefits that are more properly decided at the local bargaining table. (c) Oppose efforts that reduce local control over public employee disputes. (d) Oppose legislation that would grant public employees the right to strike. (e) Support legislation to reform worker's compensation formulas to rely on higher thresholds for compensability or a proportionate exposure formula. (f) Support workers compensation reform which curtails stress claims by stipulating that benefits can only be paid when it can be shown that a sudden and extraordinary job event was the predominant cause of the stress injury and would repeal the minimum rate law. (g) Oppose workers compensation reform that would exclude police officers, firefighters, and others with life- threatening jobs from the increased proof stress threshold. IV - SURFACE TRANSPORTATION. The City supports expanded transportation systems, programs and services. Therefore, the City shall: (a) Support legislation that helps local agencies finance local transportation facilities. (b) Oppose legislation that requires additional State and Federal review of projects that are predominantly of regional or local significance. (c) Support legislation that gives local agencies greater discretion over transportation funds. V - PLANNING, ZONING, and LAFCO LAW. The City seeks to protect and strengthen the City's land use authority, including zoning, incorporation, annexation, and community development. Therefore, the City shall: (a) Support efforts to strengthen the legal and fiscal capability of the City to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas, including but not limited to, regulatory authority over zoning, subdivisions, and annexations. (b) Support efforts which expedite cities' annexation of territory within existing Local Coastal Programs such as the Newport Coast. (c) Support efforts that are consistent with the doctrine of "home rule" and the local exercise of police powers over local land use, including expanding cities' ability to regulate the placement of neighborhood -based residential treatment centers and group homes. (d) Oppose development agreements in cities' spheres of influence in undeveloped areas that do not conform to city standards. (e) Support the existing right of the City of Newport Beach to annex areas within its Sphere of Influence. (f) Oppose efforts to change the Cortese -Knox Act ( LAFCO Law) in any manner that would adversely impact the ability of recognized regional entities to plan for regional facilities, including aviation facilities. VI - BAY PROTECTION AND ENVIRONMENTAL QUALITY. The City supports effective measures to improve the environment, including water quality, solid waste, hazardous materials clean-up, and ocean, beaches and bay protection. (a) Support legislation and funding measures that would increase water supply and improve water quality in this region. (b) Support measures that permit the sale, lease, exchange or transfer of surplus water within the State. Page 4 (c) Support measures that maintain and enhance local authority and flexibility to regulate solid waste and recyclable materials. (d) Support legislation that limits local government liability as a third party in Superfund cleanup litigation. (e) Support measures providing funds or other capabilities to maintain and protect the ocean, beaches, harbor and bay. (f) Pursue legislative and executive action that provides long -term sources of funds and /or services to enhance and protect Newport Bay. (g) Pursue legislative and executive action to continue the annual Outer Continental Shelf (OCS) offshore petroleum drilling moratorium and pursue the establishment of a permanent wildlife preserve off the Orange County Coast. (h) Support measures that improve the science associated with water quality testing and beach closure standards. (i) Advocate for Regional Board control over fines and fees collected from water quality violations so that such fines and fees remain in the region to be used directly for water quality improvements. VII - AVIATION. Asa neighbor to John Wayne Airport, the City is an active participant in the local and regional planning and operation of commercial airports in Orange County. The City shall advocate for legislative and executive actions that are consistent with the City Council's Polic)� A-17 (Newport Beach Aviation Policy), including: (a) Promotine the ability of local airport operators to impose aircraft noise controls. (b) Support legislative anti exeFimiwp getionsActions that preserve, extend, or recreate the John Wayne Airport (JWA) 1985 Settlement Agreement. (c) Support legislative and expc , ive ae tion-s that .femo•ePromotine the use of Marine Corps Air Station (MCAS) El Tom as Orange County's second commercial airport. Attachment B Council Policy A -17 Page 5 NEWPORT BEACH AVIATION POLICY POLICY The City's aviation policy consists of three components: A. The preservation of the John Wayne Airport Settlement Agreement, B. The possible modification of the Settlement Agreement under terms acceptable to the City and County; and C. The development of an additional commercial airport to complement service provided at JWA. The measures to implement this policy are discussed in POLICY IMPLEMENTATION and implementation of all components of this policy are necessary to preserve the quality of life for Newport Beach residents. PURPOSE The purpose of this policy is to establish a comprehensive program to minimize the impact of John Wayne Airport (JWA) on the quality of life for Newport Beach residents by preserving the current operational restrictions at JWA, investigating ways to extend and /or strengthen those restrictions, and encouraging objective evaluation of the potential for converting El Toro MCAS to a commercial airport that would complement air transportation service provided at JWA. INTRODUCTION The Southern California Association of Governments (SCAG) has predicted that the demand for air transportation in Orange County will exceed 16 million annual passengers (MAP) in the year 2000 and 23 MAP in 2010. JWA is the only commercial airport in Orange County and commercial aircraft departing JWA generate noise that affects more than 40,000 Newport Beach residents. However, inadequate land area and other constraints currently prevent JWA from serving more than 50% of the existing demand, and less than half of the anticipated demand, for air transportation in Orange County. Nonetheless, in the absence of an additional and complementary commercial airport convenient to Orange County residents, there will be constant and continued pressure to increase the number of commercial jet departures at JWA and any resulting increase in noise could further degrade the quality of life for our residents. Newport Beach accepts the fact that, in all probability, JWA will remain a commercial airport for the foreseeable future and plays an important role in Orange County's economic structure. However, Newport Beach will not accept any substantial increase in commercial jet aircraft noise and will oppose any physical improvement at JWA that could cause that to occur. A major source of future additional air transportation demand is the urbanization of Southern Orange County. The Board of Supervisors and the cities in Southern Orange County must be willing to accept the responsibility to provide for some of the air transportation demand generated by those businesses and residents. There is evidence to suggest that El Toro Marine Page 6 Corps Air Station (El Toro MCAS) can, when closed, be converted to a commercial aviation facility: A. With substantially less noise than generated by current military operations; B. Without significantly affecting the quality of life for South County residents; C. And provide a stimulus to the Orange County economy. Newport Beach residents have experienced the same fears and concerns now expressed by South County residents, but operational restrictions imposed on JWA by the Settlement Agreement with Orange County have reduced the impacts on our residents while serving the needs of all of Orange County. POLICY IMPLEMENTATION A. Preservation of the TWA Settlement Agreement. The City Council and staff shall take all steps necessary to protect the validity of the JWA Settlement Agreement. These steps include, without limitation, the following: 1. The City shall oppose, or seek protection from, any Federal legislative or regulatory action that would or could affect or impair the County's ability to operate JWA consistent with the provisions of the JWA Settlement Agreement or the City's ability to enforce the Settlement Agreement. City staff shall continue to monitor possible amendments to the Airport Noise and Capacity Act of 1990 as well as various FAA Regulations and Advisory Circulars that relate to aircraft departure procedures. 2. The City shall maintain membership in NOISE and /or other groups whose primary purpose is to preserve the right of airport proprietors or noise impacted residents to establish or enforce reasonable restrictions to reduce the noise impact of commercial aircraft operations. 3. The City shall request, and assist the County in implementing, improvements to the comprehensive noise control program at JWA, which are consistent with the terms and provisions of the Settlement Agreement, and do not adversely impact airport capacity or safety. Such improvements could include, without limitation, the following: a. Implementation of aircraft flight or departure procedures, which assure the community of the best feasible, noise abatement; b. The preservation of the existing permanent remote monitoring stations and the upgrade of the current noise monitoring system whenever feasible; c. Continued enforcement of the General Aviation Noise Ordinance. B. Possible Extension of the Settlement Agreement. City Staff is directed to continue to discuss and, subject to City Council approval, negotiate amendments to the JWA Settlement Agreement. The City Council will not approve any amendments to the Settlement Agreement absent FAA approval, preservation of the curfew, and a permanent reduction in the number of permitted departures by the noisiest commercial aircraft currently using the airport. These are Page 7 the minimum criteria that must be satisfied before the Council will even consider any limited increase in the number of permitted commercial jet departures or passenger service levels. C. Additional Commercial Airport. The City of Newport Beach has long advocated the development of an additional commercial airport to complement service at JWA. While the only mandatory criteria for the additional airport is that it be located convenient to Orange County residents, the City of Newport Beach, SCAG, the Southern California Regional Airport Authority, the FAA and the Orange County Cities Airport Authority have all recognized the potential of El Toro MCAS to accommodate commercial aviation without adversely affecting the quality of life of South Orange County residents. The second airport site studies conducted to date have not identified a feasible location for an additional airport other than El Toro MCAS. El Toro MCAS consists of 4700 acres of land and the base is surrounded by more than 16,000 acres of land that is vacant or devoted to uses which are compatible with the extremely noisy military jets that now comprise the majority of El Toro MCAS operations. El Toro has two 10,000 -foot runways and two (2) 8,000 -foot runways. Ground access to the base is provided by five existing or planned freeways, tollways, or transportation corridors as well as the nearby Amtrak railroad line. Technical studies have confirmed that commercial departures can be accommodated by the existing runways such that residents are exposed to substantially less noise than generated by existing military operations. These factors, combined with the decision of the Department of Defense to close El Toro MCAS in 1999, require a thorough and objective evaluation of the commercial aviation potential of El Toro during any reuse planning process. While a final position on commercial aviation at El Toro MCAS should not be taken by any public or private entity until completion of a thorough and objective study, the following statements can be made with certainty: 1. El Toro MCAS is a County -wide resource which, if properly redeveloped, could generate substantial direct revenue through commercial aircraft operations and other on -site development as well as stimulate Orange County's economy and dramatically increase private and public sector revenue; 2. Evaluation of commercial aviation at El Toro should assume the continued existence of JWA while recognizing the limited size and physical capacity of that facility; 3. El Toro MCAS could be converted to a commercial airport without any South County resident experiencing noise as great as that generated by current military operations and much less noise than is currently experienced by any Newport Beach resident, 4. Public entities and residents likely to be impacted by airport noise or airport operations must receive written and binding assurances that any operational control or restriction necessary to minimize the adverse impact on quality of life will remain in effect in perpetuity. Last Amended on March 22,1999 Formerly B -1