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HomeMy WebLinkAbout2000-76 - Extension of JWA Settlement Agreement• RESOLUTION NO. 2000-76 A RESOLUTION OF THE NEWPORT BEACH CITY COUNCIL ASKING THE ORANGE COUNTY BOARD OF SUPERVISORS TO SUPPORT A COOPERATIVE AGREEMENT WITH THE CITY OF NEWPORT BEACH TO PREPARE AN ENVIRONMENTAL DOCUMENT TO EVALUATE ANY IMPACTS RELATED TO AN EXTENSION OF THE JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT WHEREAS, the City Council has a formal aviation policy (A -17) that establishes certain goals and objectives including the amendment of the John Wayne Airport Settlement Agreement (Agreement) to extend the term beyond 2005. WHEREAS, an amendment to the Agreement by the City of Newport Beach and the County of Orange is a "project' pursuant to the California Environmental Quality Act (CEQA) and requires the preparation of adequate environmental documentation. WHEREAS, the City Council has approved a draft "project description" (Exhibit A) for purposes of conducting an Initial Study and making the initial determinations required by CEQA. WHEREAS, the City of Newport Beach and the County of Orange have the • authority to approve an amendment to the Agreement, and both must do so in order for the amendment to take effect. WHEREAS, the City of Newport Beach is willing to assume the primary responsibility for preparing the environmental document for the project and performing certain functions required by CEQA. WHEREAS, CEQA allows two public agencies to enter into an agreement pursuant to which two public entities involved in a project cooperate in the preparation of the environmental document and designate the responsibility for performing the other functions required by CEQA. WHEREAS, the City of Newport Beach and the County of Orange have a lengthy history of cooperation in matters pertaining to the impact of aircraft operations at JWA and the approval of a cooperative agreement to perform the functions required by CEQA is in the best interests of both parties to the Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY REQUESTS SUPERVISOR TOM WILSON AND THE ORANGE COUNTY BOARD OF SUPERVISORS: 1. TO SUPPORT THE PREPARATION OF AN ENVIRONMENTAL • DOCUMENT THAT EVALUATES THE IMPACTS OF AN AMENDMENT OF THE JWA SETTLEMENT AGREEMENT TO EXTEND THE TERM • WITH NO CHANGE TO THE CURRENT LEGALLY PERMISSIBLE AND AUTHORIZED LEVEL OF OPERATIONS (PROJECT); 2. TO APPROVE, IN CONCEPT, THE PROJECT DESCRIPTION (EXHIBIT A) FOR PURPOSES OF CONDUCTING THE INITIAL STUDY AND PREPARING THE ENVIRONMENTAL DOCUMENT; AND 3. TO DIRECT THE INTERIM CEO TO: A. REQUEST COUNTY STAFF TO FULLY COOPERATE WITH THE CITY OF NEWPORT BEACH IN ALL MATTERS PERTAINING TO THE PREPARATION OF THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT AND THE PERFORMANCE OF OTHER FUNCTIONS REQUIRED BY CEQA; B. TO PRESENT TO THE BOARD OF SUPERVISORS FOR APPROVAL AN AGREEMENT WITH THE CITY OF NEWPORT BEACH WITH AT LEAST THE FOLLOWING COMPONENTS: (1) THE COUNTY AND THE CITY OF NEWPORT BEACH WILL COOPERATE IN THE PREPARATION OF THE ENVIRONMENTAL DOCUMENT • (II) THE CITY OF NEWPORT BEACH AND THE COUNTY WILL EACH DESIGNATE A PRIMARY CONTACT PERSON; (III) THE CITY OF NEWPORT BEACH WILL PREPARE ALL APPROPRIATE NOTICES, AND SCREENCHECK OR DRAFT ENVIRONMENTAL DOCUMENTS IN COOPERATION AND CONSULTATION WITH THE COUNTY. (IV) THE COUNTY WILL PROVIDE THE CITY OF NEWPORT BEACH WITH ALL COUNTY STUDIES AND REPORTS, INCLUDING THOSE PREPARED IN CONJUNCTION WITH THE JWA MASTER PLAN AND THE EL TORO REUSE PLANNING PROCESS, THAT PERTAIN TO THE ENVIRONMENTAL ISSUES IDENTIFIED IN THE INITIAL STUDY AND RELATED ANALYSIS OF THE PROJECT. THE STUDIES AND REPORTS SHALL BE PROVIDED IN THE MOST CONVENIENT FORM FOR USE (COMPUTER DISK OR E -MAIL) BY THE CITY OF NEWPORT BEACH • AND ITS CONSULTANTS; • M AN EQUITABLE SHARING OF COSTS RELATIVE TO THE PREPARATION OF THE ENVIRONMENTAL DOCUMENT SUCH AS PROJECT MANAGEMENT AND ANY ADDITIONAL STUDIES AND REPORTS (OR AUGMENTATION OF EXISTING STUDIES AND REPORTS) NECESSARY TO FULL DISCLOSURE OF POTENTIAL IMPACTS AND APPROPRIATE MITIGATION; (VI) CITY AND COUNTY WILL SHARE FULLY INFORMATION RELEVANT TO THE PROJECT, INCLUDING ALL STUDIES, REPORTS AND DRAFT ENVIRONMENTAL DOCUMENTS; (VII) REPRESENTATIVES OF THE CITY OF NEWPORT BEACH AND THE COUNTY SHALL MEET BI- WEEKLY OR AS OFTEN AS APPROPRIATE TO FULLY REVIEW AND DISCUSS THE STATUS OF THE ENVIRONMENTAL DOCUMENT, THE STATUS OF STUDIES AND REPORTS BEING PREPARED AND OTHER RELEVANT ISSUES; • ADOPTED this 8th day of August, 2000. • CITY OF NEWPORT BEACH, Dated: By: Jo s s Ma r ATTEST LaVonne Harkless, City Clerk EXHIBIT A Draft Proiect Description for Proposed Amendment of the 11J1.1i•t �. �— �.I The following is a description of a project that involves proposed amendments to the John Wayne Airport Settlement Agreement (Agreement). In addition to the information required by Section 15124 of the CEQA Guidelines, the project description summarizes the key provisions of the Agreement and the modifications to the Agreement (Amendments) that are to be evaluated pursuant to the CEQA (project). 1. Project Location John Wayne Airport (JWA) is located on approximately 470 acres of land bounded generally by the 405 Freeway (North), MacArthur Blvd. and Campus Drive (East), Bristol Ave. (South) and Airway Drive (West). A map showing the precise location of JWA is attached as Exhibit A. 2. Project Objectives The Project objectives are: (a) To maintain the quality of life of the residents affected by aircraft operations at JWA; (b) To preserve the value of the residential property and commercial property impacted by aircraft operations at JWA; (c) To serve a portion of Orange County's air transportation demand consistent with the protection of the quality of life and property values of residents and property owners in the JWA arrival and departure corridor; (d) To ensure that the traffic related to JWA is consistent with the circulation system in the vicinity of the airport. (e) To preserve the current legally permissible and authorized level of operations at JWA. (f) To protect the biological resources in the Upper Newport Bay Ecological Preserve that is immediately south of the airport and directly under the standard instrument departure procedure utilized by large commercial aircraft 3. Project Components The Agreement currently expires on December 31, 2005. The Project involves Amendments to the Agreement that would maintain the legally permissible and authorized level of operations that exist as JWA as of the date of the Initial Study. The Amendments would also reflect approvals modifying the Agreement that have been given by the Parties but not implemented as of the date of the Initial Study. The Project consists of Amendments to the Agreement that would: (a) Extend the term for a period of twenty years with December 31, 2025 designated as the new expiration date. (b) Authorize UPS and FedEx to each operate one Class "A" aircraft two hundred and seventy -five (275) times per year. These "all cargo„ operations would be subject to the same provisions found in the current interim stipulations between the "settling parties." (c) Modify the "noise thresholds" for the various classes of aircraft to reflect the limits approved pursuant to the stipulations signed previously signed by the settling parties. (d) Modify certain provisions of the Agreement relative to the amount of space that is subject to commercial leases or licenses consistent with action of the City of Newport Beach, SPON and AWG. (e) Modify certain provisions of the Agreement to reflect actions that have been fully or partially implemented such as construction of the terminal. The Project does not contemplate or assume any physical change to the airfield, terminal or other improvements at JWA or in the vicinity of the airport. The Project also does not contemplate or assume any change in the number of general aviation aircraft currently housed at JWA or the number of general aviation operations. 4. ScopinglEarly Public Consultation The City of Newport Beach shall, prior to conducting the Initial Study and making a determination on the nature and extent of possible impacts, meet with the County of Orange to discuss modifications to the Project that are appropriate to further define and ultimately achieve Project objectives. The City of Newport Beach may also discuss the proposed Project description with public agencies, organizations and persons that would be concerned with the possible effects of the Project. • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARI {LESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2000 -76 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of August, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Ridgeway, O'Neil, Mayor Noyes Noes: None Absent: Thomson, Adams, Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 9th day of August, 2000. (Seal) 40 � City Clerk Newport Beach, California