HomeMy WebLinkAbout01 - JWA Settlement AgreementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 1
August 30, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robert Burnham, Contract Attorney
644 -3131, rburnham(cDcity.newport- beach.ca.us
SUBJECT: 2003 JWA Settlement Agreement Amendments
Airport Director's Implementation Recommendations
ISSUE:
How is the County of Orange proposing to implement the 2002 amendments to the JWA
Settlement Agreement and are recently announced improvements — including the
proposed increase in the size of the terminal — consistent with the amendments?
RECOMMENDATION:
Receive and file report, direct staff to continue to monitor implementation plans and ask
the Airport Director to make a presentation on September 27, 2005.
DISCUSSION:
In 1985, the City and County approved the John Wayne Airport Settlement Agreement
(1985 Agreement) and in doing so settled a Federal Court lawsuit related to the
County's approval of the John Wayne Airport Master Plan. The 1985 Agreement
authorized the County to: (a) construct a new 337,000 square foot terminal with 14
loading bridges; (b) increase average daily departures (ADD) of noise regulated aircraft
from 41 ADD to 55 ADD and then 73 ADD upon completion of the new terminal; and (c)
serve up to 8.4 million annual passengers (MAP) after terminal completion.
On December 10, 2002, the City Council approved amendments to the 1985 Agreement
(Amendments) to extend the term from December 31, 2005 to December 31, 2015
(December 31, 2020 for the curfew). In consideration of this extension, the
Amendments allowed the County to increase ADD from 73 to 85, increase daily cargo
operations from 2 to 4, increase the maximum number of loading bridges from 14 to 20
and increase passenger service levels from 8.4 MAP to 10.3 MAP until December 31,
2010 and 10.8 MAP thereafter. The Amendments also removed the 1985 Agreement
restrictions on the size of the terminal and the number of permitted parking spaces. I
have attached a chart that summarizes the key provisions of the Amendments in
relation to the 1985 Agreement.
City Council approval of the Amendments was conditioned on receipt of a letter from the
FAA confirming that the Amendments were consistent with applicable law, regulations
and grant assurances. The FAA provided the letter and the Honorable Terry Hatter
approved the Amendments in January 2003 (the Amendments are the operative
provisions of Federal Court stipulated judgment).
The County is now in the process of implementing the improvements contemplated by
the Amendments. The improvements are still in the conceptual stage and City staff has
been monitoring the progress of the implementation plans to ensure they are consistent
with the Amendments.
In summary, the County is proposing to add: (a) the six additional loading bridges
authorized by the Amendments; (b) approximately 300,000 square feet of terminal area;
and (c) approximately 2400 additional parking spaces. In terms of percentages, the
terminal area increase is disproportionate to (higher than) the permitted increases in
passenger service levels. This is attributable to a number of factors including: (a) the
1985 Agreement mandated the construction of an undersized terminal; (b) much of the
additional terminal area is devoted to providing ticketing and office space for the carriers
that are currently undersized; (c) some of the new terminal area is necessary to address
new passenger and baggage screening requirements; and (d) the substantial increase
in concession space represents a desire to provide amenities that are now common in
terminals. The City Council had already authorized a 100,000 sq. ft. increase in the
terminal so the County could meet new passenger /baggage screening requirements,
The increase in parking spaces is roughly proportional to the increase in passenger
service levels. The new terminal will be constructed on the site of the existing
southwest parking structure and that facility will be replaced by a multi -level parking
structure located directly to the south of the new terminal with direct connections to two
levels of the new terminal. The expansion will also eliminate the existing valet parking
operation so additional on -site spaces are necessary to accommodate that demand.
While the terminal area and parking space increases are significant, they do not
represent improvements that will have any significant adverse impact on Newport
Beach residents and they are consistent with the project evaluated in EIR 582. The
construction of the new terminal and additional loading bridges will maintain the number
of aircraft that can "remain overnight' (RON) and the number of RON aircraft is a key
factor in the number of early morning departures. The improvements proposed by the
County will accommodate the additional passenger authorized by the Amendments but
the number of air carrier departures determines the amount of noise generated by
operation and that number is controlled by the Amendments and EIR 582
We are confident that the improvements recommended by the Airport Director are
consistent with the Amendments. We believe a presentation by the Airport Director and
his staff on September 27, 2005 would be helpful to a clear understanding of his
recommendations and will provide the City Council and the public the opportunity to
ensure that the recommendations are consistent with the Amendments.
ENVIRONMENTAL:
No erydironmental document is required.
Burnham, Contract Attorney
EXHIBIT A
TERMS 1985 Agreement 2003 Agreement
PASSENGER FLIGHTS 73 85
(NOISE REGULATED)
CARGO FLIGHTS 2 4*
ANNUAL PASSENGERS 8.4 10.3 (1/l/03)
10.8 (1 /l /11)
LOADING BRIDGES 14 20
TERM /ADD & MAP 12/31/05 12/31/15
TERM /CURFEW 12/31/05 12/31/20
FAA VALIDATION NO YES
* Two cargo flights can be allocated to passenger carriers on an interim basis until request for
operations submitted by cargo carrier
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