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HomeMy WebLinkAbout11 - Letter to Costa Mesa Regarding Proposed Helistopl� • ANr Y Agenda Item No. 11 August 9, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: A TITLE: Letter to Costa Mesa expressing concerns regarding proposed helistop — 3132 Airway Avenue, Costa Mesa ABSTRACT: This item provides the City Council with an opportunity to review and comment on a draft letter to the City of Costa Mesa regarding a proposed " helistop" near John Wayne Airport (JWA) at 3132 Airway Avenue. RECOMMENDATION: Receive and File. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City of Newport Beach remains strongly concerned about any action around John Wayne Airport that might jeopardize the community - friendly protections that exist at JWA. As such, the City has led the effort to create the "Corridor Cities" (and the cities' seven principles) as well as entering into a Memorandum of Understanding (MOU) in October of 2008 with the City of Costa Mesa to maintain and improve our good relationships involving JWA. Costa Mesa is a member in good standing of the Corridor Cities and regularly works with Newport Beach on JWA issues. A recent proposal for a " helistop" before the Orange County Airport Land Use Commission (ALUC) raised concern with some in our community. ALUC Members and Newport Beach City Council representative Leslie Daigle voted against the helistop Letter to Costa Mesa expressing concerns regarding proposed helistop 3132 Airway Ave., Costa Mesa August 09, 2011 Page 2 project at ALUC, citing noise and other issues. More information about the helistop project is in Attachment C. Given Ms. Daigle's concerns, staff felt it appropriate to suggest that Mayor Henn write a letter to Costa Mesa officials in time for an August 10, 2011 Planning Commission meeting stressing similar concerns and restating the City's interest in continuing to work in a coordinated way on JWA issues. That letter is attached. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the sending of an opinion letter like this one 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). Submitted by: a� Dave Kiff, City Manager Attachments: A. Proposed letter B. Oct'08 MOU Between Newport Beach and Costa Mesa C. Abstract from OC ALUC Staff Report 1) d CITY OF NEWPORT BEACH August 9, 2011 The Honorable Gary Monahan Mr. Colin McCarthy Mayor, City of Costa Mesa Chairman of the Planning Commission 77 Fair Drive 77 Fair Drive Costa Mesa, California 92626 Costa Mesa, California 92626 RE: Proposed "Leading Edge Aviation Services" Heliport at 3132 Airway Avenue Dear Mayor Monahan and Chairman McCarthy: Our City has long appreciated the City of Costa Mesa's cooperative work as a member of the "Corridor Cities" to keep John Wayne Airport (JWA) a "neighborhood- friendly" airport. Additionally, our two cities adopted a Memorandum of Understanding (MOU) in October 2008 (attached) which underscored our collective commitment to protect our citizens from adverse impacts of operations at JWA. Together we have partnered to attempt to limit the expansion of JWA and to block any negative change in JWA's operational characteristics, including operational hours, the passenger caps, and the limits on average daily departures of the loudest commercial planes. It is in the spirit of our mutual commitment that we offer these comments. At the core of the October 2008 MOU is the philosophy that: "the Cities believe it is in their respective best interests to foster a closer working relationship between the Cities and to keep each other informed of issues that relate to JWA; to look for opportunities to assist one another, to work together to implement strategies and action plans that are designed to achieve the primary objective of protecting their residents and that the strategies and plans must consider and respect the complex legal, political and economic factors relevant to airport operations and impacts; ..." Goals within the MOU include: A. Ensuring that no actions are taken at JWA which would negatively alter the quality of life, and that any such actions are otherwise in the best long term interests, of the residents of Newport Beach and Costa Mesa; B. Ensuring communication by the Cities of Newport Beach and Costa Mesa and their residents and community groups concerned about the impacts of JWA; C. Oppose any expansion of JWA beyond its current (2008) boundary footprint; and D. Ensure that regional plans are consistent with the legal and practical constraints on air carrier service at JWA; J Letter to Mayor Monahan and Mr. McCarthy August 9, 1011 Page 2 The Corridor Cities' adopted principles include: o To oppose any expansion of JWA beyond its current (2007) footprint. It is JWA's geographic constraints that give both of our communities the added assurance that JWA will remain neighborhood - friendly. In evaluating the "Legacy Air" project in March 2010, your community cited the Corridor Cities' Principles to limit the potential expansion of the airport footprint. We greatly appreciated Costa Mesa's response to the Legacy Air project. Its 2.7 -acre expansion of the security and airport zone, which some might have seen as minor, was seen by both of our communities as a breach in the containment wall along the westside of JWA and a violation of the principles set forth above.. It is with a similar view that our community has looked at the proposed Leading Edge Aviation Services private -use helistop at 3132 Airway Avenue in Costa Mesa. As you may be aware, Council Member Leslie Daigle, who serves on the Airport Land Use Commission, could not find that the Leading Edge project was consistent with the JWA Airport Land Use Plan. She did so in part because of questions she raised which were not answered satisfactorily — including the lack of a noise study, an inability of any municipality to control flights or limit hours of operation, and questions about the specific number of takeoffs and landings permitted (four versus six). Our City, of course, is interested in our region's economic development, and we do not wish to attempt to intervene in your economic interests. However, we did want to express our respectful concern about the Leading Edge project as viewed through the lens of the Corridor Cities' principles. We have no doubt that your respective decision- making bodies will thoughtfully and carefully examine whether Leading Edge should be approved in light of Costa Mesa's strong commitment to the Corridor Cities' principles. We look forward to working with you on this and other issues of mutual interest, including any discussions you might wish to have on airport and boundary issues. We value your continued cooperation and partnership in municipal governance and protecting the quality of life that our two cities' residents expect. If you have any questions about this letter, please do not hesitate to contact us. Sincerely, MIKE HENN Mayor of Newport Beach Attachment: October 2008 MOU between Newport Beach and Costa Mesa cc: Members of the'Newport Beach City Council Allan Murphy, John Wayne Airport 91 GRANGE COUNTY July 21, 2011 TO: FROM; SUBJECT: Background AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.5170 fax: 949.252.6012 AGENDA ITEIM[ I Commissioners /Alternates Kari Rigoni, Executive Officer Request for Consideration of Leading Edge Aviation Services Helistop Leading Edge Aviation Services has submitted for ALUC consistency review a proposal to establish a private -use helistop on an existing building at 3132 Airway Avenue in Costa Mesa.. Leading Edge intends to use the helistop for its corporate travel needs between its various facilities (See Attachment 1 to view the project location map). There are no plans to perform maintenance or refueling activities, the helistop will serve as a landing place to pick up and drop off passengers only. Leading Edge is also building a second floor addition office on top of the existing building. The office will be one room at 950 square feet. The helistop will be located outside of the second floor office (See Attachment 2 to view the roof plan for 3132 Airway Avenue). The project still requires approval of a conditional use permit by the City of Costa Mesa to allow a helistop on the project site. Leading Edge anticipates that the proposed helistop will be reviewed by the City Costa Mesa Planning Commission at its August 10, 2011 meeting. The project is located in an area zoned Multi Purpose (MP) Industrial Park and is surrounded by John Wayne Airport to the north and east, light industrial/office/resewch uses to the south, and light industrial /office /research uses and.Mariners Christian School to the west. Mariners Christian School is about 900 feet west of the project site but not beneath proposed flight paths. Leading Edge is proposing 3 takeoffs and landings per week. The hours of operation for the Helistop will be Monday through Sunday 7 a.m.'Yo 7 p.m. (See Attachment 3 to view the Helistop Site Layout and Helistop Detail). Public Utilities Code Section 21661.5 requires ALUC review and action on each heliport/ helistop proposal within Orange County prior to issuance of an operating permit to the sponsor by Caltrans /Aeronautics Program. AELUP Issues Staff has identified noise impact and airspace safety as potential AELUP issues. Regarding the Noise Issue: This site and the adjoining properties are zoned for industrial uses. The impacts from noise generation will be negligible as a result of the location, surrounding uses, limited number of operations, and the approach/departure paths used for the facility. 5 Agenda Item I - Helistop at 3132 Airway 7/212011 Page 2 The proposed departure and arrival paths will correspond to existing helicopter paths designated by the Air Traffic Control Tower at JWA and will be in compliance with FAA Regulations (See Attachment 4 to view the proposed helistop within the 65 CNEL noise contour for JWA). Regarding (Building height Issues: The proposed second floor office addition, the helistop platform and lighted windcone do not penetrate the 7:1 transitional surface for JWA. The transitional surface would be penetrated at 133' Above Mean Sea Level (AMSL). The office is proposed at 89' AMSL, the platform at 7TAMSL and the lighted windcone at 94' AMSL. The highest portions of the proposed project are below the 7:1 transitional surface for JWA (See Attachment 5 to view the proposed project within the FAR Part 77 Obstruction Imaginary Surfaces for JWA). Regarding the Airspace Safety Issue: Following the submittal of FAA Form 7480 -1 "Notice of Landing Area Proposal" by the project sponsor, the FAA Western Pacific Regional Office completed an Airspace Analysis and determined that the proposal is acceptable but is subject to the following conditional provisions specified below prior to being issued an operational permit. These conditional provisions will ensure that there will not be any adverse effects to the safe and efficient use of airspace by aircraft from an airspace utilization standpoint. The FAA response includes comments from the Air Traffic Control Tower (ATCT) at John Wayne Airport (JWA) that are based solely on Air Traffic Control operational perspective. The following must be in effect prior to being operational (See Attachment 6 to view the FAA Airspace Study): a. Specific arrival and departure procedures/routes for use during Rwy 19 and Rwy 01 operations are mandated within a "Letter of Agreement" (LOA) between Leading Edge and the Air Traffic Control Tower (ATC). ` b. Final procedures are dependent upon completion of a local "Safety Risk Management/Safety Management System (SRM/SMS) review process and made with Mr. Doug Blau[, Acting Air Traffic Manager, at 714- 668 -0141 x114. Contact should be made with the California Depar¢ment of Transportation, Aeronautics Division (Caltrans) in order for their office to make an evaluation and determination in regards to obtaining a state heliport permit once the SRM/SMS review process has been completed. Point of contact is Mr. Jeff Brown, Chief, Office of Airports. As part of the submittal package to ALUC, the project sponsor has also included the Concept Plans for the helistop. The Caltrans Division of Aeronautics has reviewed these plans and conditionally approved them as of March 15, 2011. Caltrans approval is conditional subject to California Environmental Quality Act (CEQA) compliance, local approval and other permit requirements through the City of Costa Mesa. These conceptual plans are included as exhibits within the submittal package to the ALUC (See Attachment 7). Conclusion Subject to compliance with the conditions required by the FAA, as well as adherence to the operational parameters relating to flight frequency stated by the project sponsor, the project will be a compatible land use at the planned location and would be Consistent with the pertinent guidelines of the AELUP for JWA and the AELUP for Heliports. Agenda Item I- Helistop at 3132 Airway 7/21/2011 Page 3 Recommendation That the Commission find the Leading Edge Aviation Services Helistop located at 3132 Airway Avenue to be Consistent with the AELUP for JWA and the AELUP for Heliports, providing that the owner /operator complies fully with the conditions required by the FAA, Caltrans Aeronautics and with the operational parameters submitted to the ALUC and to the City of Costa Mesa. Respectfully submitted, Kari A. Rigoni Executive Officer Attachments: 1. Project Location Map 2. Roof Plan 3. Helistop Site Layout and Detail 4. JWA CNEL Noise Contour Exhibit 5. JWA Obstruction Imaginary Surfaces Exhibit 6. FAA Airspace Study (Airspace Case No. 2007 -AWP- 166 -NRA) 7. Sponsor Submittal Package to ALUC �f Pfyi l� -' � v.IC t '��N ,/ •fir., t /- (/r r r r P� 4r L i n,yi•nc - >'s wl . / / / ^ r / ai ' fit):. di �'. .% ! `_ �' 4 \ \ \4 / T• r w Yr i i f/, P �/i{:` �. 6 i Y �a Y�'J.dffi +'�`6n n,• ♦ - ...:.' \� \ �\ r � 7 � � . )�. ;zz �� j C ' , fir' �•a ♦i r CCt ZIA, 3.dU��f..yyL• \L � � � 1♦ dtd hP�. l,l.�/ , � )e, r _ 1 r `�p� / /�J 1 Ary(t!y'� ;Ry T': Vii° � 141 '4 - flis V ' r. % ✓�. ��! _u Uclo LE �a �ilPl� =� E- C�;� =;� ��,VI�� I f��;�J �,E�`✓�r_ E� }iE -� I�,T,�,F, Purpose: A private rooftop helistop to accommodate a helicopter used for business transportation purposes. Site Location; 3132 Airway Avenue Costa Mesa, CA 92626 Zone:. Multi Purpose: MP Applicant: Kevin A. Coleman/Leading Edge Aviation Services 3130 Airway Avenue Costa Mesa, CA 92626 Land Owner: Kevin A. Coleman FIelistop Flame: Leading Edge Aviation Services Helistop Hours of Operation: Monday through Sunday 7AM to 7PM Operating Conditions: Visual Flight Rules (VFR) only Plumber of Landings: An average number of 2 landings per day 7 days per week 14 landings per week Type of Helicopter: Representative helicopter models: weight up to 12,000 Ibs EC 146 Attachment 7 I 0 # MEMORANDUM OF UNDERSTANDING ON JOHN WAYNE AIRPORT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH, CALIFORNIA THIS MEMORANDUM OF UNDERSTANDING AGREEMENT is entered into by and between the CITY OF NEWPORT BEACH, CALIFORNIA ( "Newport") and the CITY OF COSTA MESA, CALIFORNIA ( "Costa Mesa "), hereinafter sometimes referred to collectively as the "Cities ", this LW'L day of De019P '2008. WHEREAS, Newport and Costa Mesa are committed to protecting their respective residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport (JWA); and WHEREAS, the Cities believe that airport impacts are now, and will continue to be a significant threat to the quality of life of their respective residents; and WHEREAS, the Cities believe it is in their respective best interests to foster a closer working relationship between the Cities and to keep each other informed of issues that relate to JWA; to look for opportunities to assist one another, to work together to implement strategies and action plans that are designed to achieve the primary objective of protecting their residents and that the strategies and plans must consider and respect the complex legal, political and economic factors relevant to airport operations and impacts; and WHEREAS, the Cities recognize that a thorough understanding of airport operations and impacts is necessary in dealing with JWA and the factors include but are not limited to: State and Federal law; the attitudes, philosophy and regulations of the FAA; the regional demand for air transportation; regional and sub - regional planning and transportation programs and policies; the decisions, philosophy and opinions of the Orange County Board of Supervisors and other local, State and Federal representatives and officials; and the opinions and concerns of Orange County residents and business owners; and WHEREAS, a number of relevant factors and the complexity of the issues related to adverse airport impacts mean that no single approach or simple strategy will be successful in achieving the Cities' primary objectives and that the Cities will be able to achieve their primary objectives only if their strategies and action plans reflect a thorough understanding and consideration of these factors and that if the two (2) Cities work together to achieve their respective goals the likelihood of success increases. NOW, THEREFORE, the Cities of Newport Beach and Costa Mesa desire to work together to achieve the following objectives and take the following action and agree as follows: OBJECTIVES 1. Establish a working relationship between Newport Beach and Costa Mesa and provide support to one another regarding JWA. This objective can be achieved by encouraging joint meetings between the elected officials of the two (2) Cities; joint meetings between staff of the respective Cities, including but not limited to having a designated representative of the City of Costa Mesa attend the monthly Aviation Committee meeting of the City of Newport Beach with full membership on the Committee. 2. Establish a dialogue and forum between the Cities to discuss ways in which the two Cities can protect their residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport. These objectives can be achieved by the exchange of information, including but not limited to technical information as it relates to the JWA, by and among, elected officials and the staff of the two (2) Cities; the involvement of community groups within the Cities. Encourage a joint public forum of the elected officials, with the participation of technical experts, consultants and resident groups at least once a year. Meanwhile each City will identify a principal contact for the purposes of exchanging information and meeting with a representative of the other City on a continuing basis regarding JWA. The Cities expect that the joint forum will develop a plan of action; review and assess cooperative activities between the Cities; recommend ways to improve cooperation and undertake such activities as the Cities deem necessary. 3. Establish a working relationship by and between staff on an as needed basis, with exchange of information as it relates to airport operations and impacts. The foregoing exchange of information should include but not be limited to: State and Federal law; Environmental impacts, noise, air quality, water quality, the attitudes, philosophy and regulations of the FAA; Regional and sub - regional planning and transportation programs and policies; the decisions, philosophy and opinions of the Orange County Board of Supervisors and other local, State and Federal representatives and officials; and the opinions and concerns of Orange County residents. The meeting of staff should occur no less than once (1) a month. 4. Use the established relationship of the Cities to work with other cities in Orange County California, including but not limited to the "Corridor Cities" of Santa Ana, Orange, Anaheim, Tustin and Irvine, all of whom are adversely impacted by commercial aircraft operations at JWA and explore mechanisms for formalizing the relationship of the Corridor Cities. 5. Establish a working relationship with the County of Orange and continually exchange information as it relates to airport operations and impacts. II 6. Establish a mechanism for the joint financing by the Cities of the foregoing stated objectives and the attainment of the goals as hereinafter set forth. GOALS 7. The objectives as outlined above would be adopted with the goals of: A. Ensuring that no actions are taken at JWA which would negatively alter the quality of life, and that any such actions are otherwise in the best long term interests, of the residents of Newport Beach and Costa Mesa; B. Ensuring that there be no modification to the County's airport noise curfew including but not limited to opposing any change to air carrier or general aviation noise ordinances; C. Ensuring that no actions would be taken that could lead to the construction of a second air carrier runway at JWA or extension of the existing runway(s); D. Ensuring that any and/or all steps necessary be taken to protect and preserve the validity of the John Wayne Airport Settlement Agreement, including but not limited to any amendments thereto; E. Ensuring communication by the Cities of Newport Beach and Costa Mesa and their residents and community groups concerned about the impacts of JWA; F. Oppose any expansion of JWA beyond its current (2008) boundary footprint; G. Oppose any significant reduction in general aviation operations /facilities; H. Ensure that regional plans are consistent with the legal and practical constraints on air carrier service at JWA; Oppose any attempt by out -of county entities to assume any ownership of, or operational control over, JWA; In cooperation with the Orange County Board of Supervisors and other public agencies, actively support development and implementation of proposals that enable Orange County residents and businesses to conveniently access underused out -of- county airports using roadway improvements and air passenger rail links. 3 MISCELLANEOUS 8. Termination. This Memorandum of Understanding ( "MOU ") shall take effect as of the date first set forth hereinabove and shall remain effective until terminated by the Cities hereto. Either party to this MOU may terminate this MOU without cause at anytime by giving a thirty (30) day written notice to the other party. Any notice provided hereunder shall be deemed given when personally delivered to the other party or three (3) days after the date the notice is deposited in the United States mail, first -class postage paid, and addressed to the appropriate representative as specified in this MOU. 9. Modifications. Modifications within the scope of this MOU shall be made by mutual consent of the Parties, by the issuance of an executed written modification, signed and dated by all Parties. 10. Voluntary. This MOU reflects an entirely voluntary commitment between the Parties. This MOU in no way obligates or restricts the activity of any party nor shall it in any way interfere with the governance by the Cities of their respective Cities. No Party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other Party or Parties. 11, Indemnify, The City of Newport Beach agrees to defend, indemnify and hold the City of Costa Mesa, its elected and appointed officials, officers, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, arising out of or in any way connected with the City of Newport Beach's negligent performance of this MOU. Newport Beach assumes worker's compensation liability for injury or death of its officers, agents, employees and volunteers, and assumes no worker's compensation responsibility for the elected and appointed officials, officers, and employees of Costa Mesa. The City of Costa Mesa agrees to defend, indemnify and hold the City of Newport Beach, its elected and appointed officials, officers, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, arising out of or in any way connected with Costa Mesa's negligent performance of this MOU. Costa Mesa assumes worker's compensation liability for injury or death of its elected and appointed officials, officers, and employees, and assumes no worker's compensation responsibility for the officers, agents, employees and volunteers of Newport Beach. 12. No Assignment. This MOU may not be assigned or transferred by either Party without the express written consent of the other Party. "I 13. Notice. The Cities have designated the following representatives to receive notices and act on their City's behalf in the administration of this MOU: City of Newport Beach Homer L. Biudau, City Manager 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 City of Costa Mesa Allan Roeder, City Manager 77 Fair Drive Costa Mesa, CA 92626 14. Additional Documents. The Cities agree promptly to execute or cause to be executed any and all documents now or hereafter necessary to effectuate the purpose of this MOU. 15. pleadings. The headings used in this MOU appear strictly for the Cities' convenience in identifying the provisions of this MOU and shall not affect the construction or interpretation of the provisions of this MOU. 16. No Third Party Beneficiary. No third party is an intended or implied beneficiary of this MOU. !� IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS MEMORANDUM OF UNDERSTANDING TO BE EXECUTED THE DATE FIRST ABOVE WRITTEN. ATTEST: OL-&,, In .4,h, City Clerk for the City of Newport Beach CITY OF, NEWPORT BEACH, Mayor for the City of Newport Beach