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HomeMy WebLinkAboutS22 - El Toro Reuse Planning Process - Airport Master Plan EIRCouncil Meeting: 09 -28 -98 Agenda Item: s22 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY September 25, 1998 TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: El Toro Reuse Planning Process Airport Master Plan EIR As you know, the Orange County Board of Supervisors is currently planning for the reuse of El Toro MCAS. The Board has directed staff to prepare an Airport Master Plan, and related Environment Impact Report (Master Plan EIR). The Board has also selected a preferred project (Alternative C) and has been presented with a list of project alternatives that would be analyzed in the Master Plan EIR. Two of these Alternatives involve significant expansion of John Wayne Airport (Alternatives F and G). Supervisor Wilson, who is opposed to a commercial airport at El Toro, has said he will ask the Board to delete Alternatives F and G. While it may seem that elimination of these Alternatives would benefit the City, special airport counsel and I believe Supervisor Wilson's action could hurt the City by creating a potential flaw in the reuse planning process. The City Council has consistently supported the conversion of El Toro to a commercial airport as a component to a two airport system. The preparation of a legally adequate EIR is essential to a successful conversion of El Toro. The California Environmental Quality Act (CEQA) requires the County to evaluate, in the Master Plan EIR, a reasonable range of alternatives to the project. CEQA also requires the County to evaluate a "no project" alternative which in this case means studying the impact of no civilian reuse of El Toro. Opponents of a commercial airport at El Toro filed a lawsuit challenging the first El Toro EIR and special airport counsel and I believe the deletion of these alternative would be a major argument in their next lawsuit. The inclusion of these Alternatives in the Master Plan EIR does not present a threat to Newport Beach or other cities impacted by JWA. These Alternatives, which assume no commercial aviation reuse of El Toro, are "secondary alternatives" which will not be studied to a project level of detail and could not be implemented without preparation of a Memorandum Mayor and Members of City Council RE: El Toro Reuse Planning Process /Airport Master Plan EIR September 22, 1998 page 2 master plan and another EIR. Further, these alternatives can not be selected under Measure A unless there is a fatal flaw in the airport master plan. Accordingly, I have prepared a letter expressing the Council's opposition to deletion of these Alternatives and the Council's concerns about the position Supervisor Wilson has taken on El Toro. I recommend the Council authorize the Mayor to sign and send the letter. H.BURNHAM RHB:krs Enclosure F: \users\ cat \s ha red\ccme mo \C C De leteAlte rn F &G. doc September 28 "', 1998 The Honorable Tom Wilson Fifth District Supervisor Orange County Board of Supervisors Hall of Administration 10 Civic Center Plaza Santa Ana, CA 92701 Re: El Toro Reuse Planning Process Airport Master Plan EIR Proposed Deletion of Alternatives F and G Dear Supervisor Wilson: The Newport Beach City Council has been advised that you intend to propose deletion of Alternative F and Alternative G from the Draft Environmental Impact Report (DEIR) being prepared in conjunction with the El Toro Airport Master Plan. These two alternatives describe what could happen at JWA if the LRA does not approve an El Toro Airport Master Plan. We want you to know that we oppose deletion of these alternatives or any other action on your part that could affect the legality of the environmental or planning process. We are opposed to any deletion of these Alternatives because they are important to a legally adequate EIR that, in turn, is essential to approval and implementation of the Airport Master Plan. CEQA requires the Master Plan EIR to evaluate "alternatives to the project or its location" as well as evaluate the impacts of "what could reasonably be expected to occur in the foreseeable future if the project were not approved ". The City Council believes the expansion of JWA is almost inevitable if El Toro is not converted to a commercial airport. Accordingly, the Master Plan EIR must evaluate JWA expansion scenarios and the impacts associated with a reasonably foreseeable increase in operations at JWA. In our opinion, the deletion of Alternatives F and G will not decrease the potential for expansion of JWA. The Alternatives are not going to be studied to a "project level" of detail and could not be implemented without preparation of an airport master plan and another environmental impact report. More importantly, these Alternatives are premised on a non - aviation use of El Toro, which assumes a non - existent "fatal flaw' in the airport plan. Deletion of these Alternatives from the Master Plan EIR does not protect us from proposals to expand JWA. That protection comes only from approval and implementation of a commercial aviation reuse of El Toro — a result that requires a legally adequate Master Plan EIR. As you know, the City Council is on record in support of the preferred project (Alternative C) which calls for a two- airport system with JWA serving 9.5 MAP. We are willing to accept the additional impacts of a limited increase in service level at JWA even though our residents do not have the advantage of an 18,000 acre "no home zone" as protection from noise impacts. The County, as the proprietor of JWA has done an outstanding job in making that airport community friendly and we appreciate your commitment to work with us to ensure a continuation of noise restrictions after expiration of the JWA Settlement Agreement. While the City Council believes your desire to protect us from expansion of JWA is sincere, any such commitment is meaningless in the absence of a commercial airport at El Toro or an alternative site. In the past twenty years, two comprehensive airport site studies (by the Blue Ribbon Committee and the Airport Site Coalition) have failed to identify any feasible alternative to a commercial reuse of El Toro. Airport opponents have made numerous suggestions and have paid a consultant to evaluate "six existing" airports (including JWA) and "nine existing or recently closed military airports" (including Los Alamitos) to determine if they are viable alternatives to El Toro. We have not seen the results of this analysis Orange County but recent suggestions strongly suggest the consultant failed to find a feasible alternative. For example, airport opponents are now touting March AFB as the site to serve Orange County air cargo demand but ignore the distance from cargo customers and the expense of constructing necessary infrastructure. Camp Pendleton is frequently mentioned by airport opponents as an alternative site but there are no plans to close that facility and the cost of constructing a new airport would far exceed the costs of converting El Toro. In the absence of a feasible alternative, your active opposition to a commercial aviation reuse of El Toro is the main threat to Newport Beach residents — not Alternatives F and G. In conclusion, we ask that you not propose the deletion of Alternatives F and G and that you acknowledge the threat to Newport Beach posed by your efforts to oppose conversion of El Toro to a commercial airport. Thomas Cole Edwards Mayor, Newport Beach