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HomeMy WebLinkAbout(2015, 05/12) - A-17 - AmendedA-17 NEWPORT BEACH CITY COUNCIL AIRPORT POLICY A. EXECUTIVE SUMMARY The City Council's primary objective is to protect Newport Beach residents from the impacts of commercial aircraft operations at and from John Wayne Airport (JWA). The City Council believes that the impacts related to JWA are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. For the last 30 years, the City, and community groups concerned about adverse airport impacts, have developed and implemented strategies to control those impacts and these efforts, which have been supported by the County for the last 30 years, have made JWA one of the most "community friendly' airports in the nation. The City and community groups have achieved some success in controlling airport impacts by understanding, and working within, the complex legal, economic and political factors that are relevant to adverse airport impacts such as the type and level of aircraft operations. The purpose of this Policy, which is admittedly long and somewhat complex, is to provide elected and appointed officials with information and guidelines that will help ensure that decisions related to JWA serve the best interests of Newport Beach residents and enable residents to better understand and provide input regarding those decisions. Recognizing that the City has no legal ability to directly regulate JWA operations, the City Council and community groups approved (in 1985), aggressively protected (in 1990), and then extended (in 2002 and 2014) the term of the JWA Settlement Agreement. The JWA Settlement Agreement is the single most important vehicle for controlling adverse airport impacts. The City Council should pursue future Settlement Agreement amendments but only if the terms and conditions of the amendments dont facilitate any physical expansion of the airport, don't modify the curfew, don't adversely impact our resident's quality of life and are in the best long-term interests of Newport Beach residents most adversely impacted by airport operations. The City will continue to aggressively oppose any proposal or plan that could lead to development of a second air carrier runway or runway extension and any plan or proposal that could lead to any modification of the existing noise -based curfew. The City will continue to work with, and support the efforts of, community groups and other cities impacted by JWA when those efforts are consistent or compatible with the airport strategies approved by the City Council. The City will also actively support any program or proposal that would help serve Orange County's air transportation demand at facilities other than JWA. 1 A-17 This Policy has been developed with input from the Aviation Committee that was established by the City Council in 1979. Aviation Committee members have volunteered thousands of hours in developing and implementing City airport policies and strategies. The Aviation Committee is comprised of residents of each Council District, many of whom are pilots or otherwise knowledgeable about airport or aviation issues, and the diversity of membership ensures relevant input from all geographic segments of the City. The City Council appreciates the good work of the Aviation Committee and will continue to rely on the Aviation Committee in developing and implementing airport policy. B. HISTORY Many residential communities in Newport Beach are located under or near the departure pattern of commercial, and some general aviation, aircraft operating out of JWA. The City has, since the mid -1970's, developed and implemented strategies designed to minimize the adverse impacts - such as noise and traffic - of JWA on its residents and their quality of life. The City's initial efforts focused on involvement in "route authority" proceedings conducted by the Civil Aviation Board and litigation challenging County decisions that could increase the level or frequency of aircraft noise events. However, the City and community groups concerned about JWA such as the Airport Working Group (AWG) and Stop Polluting Our Newport (SPON) re-evaluated the litigation strategy after the Board of Supervisors (Board) approved the 1985 JWA Master Plan (Master Plan) because of changes in State and Federal law as well as the factors that impact air transportation demand in Orange County and the region. In 1985, the City, County, SPON and AWG entered into a stipulation and agreement (1985 Settlement Agreement) to resolve Federal Court litigation initiated by the County seeking judicial approval of the Master Plan. The 1985 Settlement Agreement required the Board to modify resolutions approving the Master Plan to reduce the size of the terminal and limit the number of parking spaces. The 1985 Settlement Agreement also: (a) established three "classes" of commercial aircraft (Class A, AA, and E) based on the noise generated by the aircraft (operating with known gross takeoff weights) at the departure noise monitoring stations; (b) limited the number of "average daily departures" (ADD) of Class A and AA departures before and after construction of a new terminal to 73 ADD; (c) limited the number of passengers served each year at JWA (expressed in terms of "million annual passengers" or "MAP") to 8.4 MAP after construction of the new terminal; and (d) required the County to maintain the curfew then effect at JWA and enforce the General Aviation Noise Ordinance. 0J A-17 Between 1985 and 2002, the County, City, SPON and AWG each collectively agreed, on seven separate occasions, to amend the 1985 Settlement Agreement. These amendments responded, among other things, to: (a) a new FAA Advisory Circular (AC 91-53A) that established specific criteria for close -in and distant noise abatement departure procedures; (b) changes in the location and/or type of equipment used to monitor commercial air carrier noise levels on departure; (c) air cargo carrier requests for access; and (d) changes in passenger, facility and baggage security requirements brought about by the events of September 11, 2001. 1n 1990, Congress adopted the Airport Noise and Capacity Act (ANCA) which, in relevant part, requires FAA "review and approval of proposed noise or access restrictions" on Stage 3 aircraft. The City and County successfully lobbied Congress to "grandfather" (exempt from the FAA "review and approval" requirements of ANCA): (a) the 1985 Settlement Agreement; (b) amendments to the 1985 Settlement Agreement that do not adversely impact airport capacity or airport safety; and (c) the then current County noise "curfew" ordinance In December of 2002, the City, County, SPON and AWG approved amendments to the 1985 Settlement Agreement (2002 Amendments) that: (a) eliminated the "AA" class of aircraft; (b) increased the maximum number of noise regulated air carrier ADD from 73 to 85; (c) increased the maximum number of air cargo ADD from 2 to 4 (the County is authorized to allocate two air cargo ADD to air carriers pending requests for use of those ADD by air cargo carriers); (d) increased the service level limit from 8.4 to 10.3 MAP until January 1, 2011 and to 10.8 MAP on and after January 1, 2011 (with 500,000 seats allocated to regional jets); and (e) increased the maximum number of passenger loading bridges from 14 to 20. The 2002 Amendments also eliminated the floor area restrictions on the size of the terminal and the "cap" on public parking spaces. In January 2003, the Honorable Terry Hatter (the Federal District Court Judge who entered the stipulated judgment implementing the 1985 Settlement Agreement stipulation) also approved the stipulation of the parties implementing the 2002 Amendments. The 2002 Amendments allowed the County to offer additional air transportation service without any significant increase in noise impacts on Newport Beach residents. The flight and service level restrictions under the 2002 Amendments were effective until January 1, 2016 and provisions related to the curfew remain in effect until at least January 1, 2021. The FAA confirmed the validity of the 2002 Amendments, thus establishing a precedent for future amendments that do not adversely impact airport capacity or airport safety. Q A-17 In 2012, recognizing that the 1985 Settlement Agreement (as amended) would expire in 2015, the City Council asked the County to consider a further extension of the 1985 Settlement Agreement. In April 2013, the County, City, AWG, and SPON entered into a Memorandum of Understanding (2013 MOU) outlining the terms for the extension of the 1985 Settlement Agreement and to define their respective roles and responsibilities in the preparation of an environmental impact report (EIR) for the extension of the 1985 Settlement Agreement. In September and October of 2014, the City, County, SPON, and AWG approved amendments to the 1985 Settlement Agreement (2014 Amendments - Exhibit A) that: (a) extended the term of the 1985 Settlement Agreement until at least December 31, 2030; (b) requires that there be no change to the curfew until at least December 31, 2035; (c) maintains the 10.8 MAP limit through December 31, 2020 and increases the MAP level for departing and arriving passengers at JWA to 11.8 MAP, beginning on January 1, 2021, through December 31, 2025, and increasing the MAP level from 11.8 MAP to 12.2 or 12.5 MAP , beginning on January 1, 2026, through December 31, 2030; (d) maintains the 85 Class A ADD limit through December 31, 2020 and increases the limits on said flights from January 1, 2021, through December 31, 2030 to 95 ADDS; (e) maintains the number of ADDS allocated to air cargo service at four ADDs, two of which can be used for commercial air passenger flights, through December 31, 2030; and (f) prohibits additional passenger loading bridges through December 31, 2020, at which time the restriction on the number of passenger loading bridges would be lifted. In September of 2014, the FAA made a favorable determination that the 2014 Amendments do not have an adverse impact on airport capacity or airport safety and that the 2014 Amendments comply with other relevant federal laws and regulation (Exhibit B). In October of 2014, the Honorable Terry J. Hatter, Jr. (the Federal District Court Judge who entered the stipulated judgment implementing the 1985 Settlement Agreement stipulation) also approved the stipulation of the parties implementing the 2014 Amendments. 4 A-17 C. LEGAL FRAMEWORK The strategies, actions and decisions of the City Council and community groups concerned about airport impacts must consider and respect the complex statutory and decisional law related to aircraft operations and airport regulations. The failure of the City Council or community groups to accurately inform Newport Beach residents about the legal framework could lead to unreasonable expectations and ill-advised decisions and/or strategies. The following is a brief summary of some of the more important laws applicable to the control of aircraft operations and airports. 1. Noise Control. The U.S. Supreme Court has decided that the owner of an airport - the proprietor - is the only non-federal entity that can adopt regulations restricting the amount of noise that is generated by aircraft operations. A non -proprietor such as the City of Newport Beach has no authority to adopt ordinances or resolutions that regulate airport noise. In fact, ANCA severely constrains the right of the proprietor to regulate Stage 3 aircraft operations. ANCA states that any "noise or access" restriction on commercial aircraft operating today must be "reviewed and approved" by the FAA. The FAA review is based on an extensive proprietor funded study of the impacts of the proposed restriction. As of this date, the FAA has not approved any proposed Stage 3 aircraft noise or access restriction and the consensus of aviation attorneys is that the FAA would be hostile to any such a restriction. The 1985 Settlement Agreement predated ANCA and was "grandfathered" from its provisions. The 2002 and 2014 Amendments were not subject to FAA review and approval, as confirmed by the FAA letter, because they did not adversely impact airport capacity or airport safety. 2. Aircraft Operations & Airport Facilities. The FAA has exclusive jurisdiction over aircraft after takeoff and extensive authority over airport facilities. The FAA approves standard instrument and noise abatement departure procedures and has done so with respect to aircraft operations at JWA. The FAA also approves "airport layout plans" for each airport and has the authority to enforce regulations that promote and/or pertain to airfield and airport safety. While the proprietor retains the authority to decide the number and nature of certain facilities such as passenger loading bridges and aircraft tie -downs, the FAA has adopted, and has the discretion to enforce, 61 A-17 numerous regulations governing airport facilities. Federal law preempts any local law purporting to regulate aircraft operations or airfield safety. 3. Interstate Commerce Clause. Commercial air carrier operations are considered interstate commerce and the Interstate Commerce Clause can be invoked to invalidate local laws or regulations that purport to control certain aspects of those operations. The courts will invalidate laws or agreements that are found to be "unreasonable restraints" on Interstate Commerce. D. POLICY - SUMMARY The following components comprise the City's airport policy: 1. Primary Objective 2. Considerations 3. JWA Settlement Agreement 4. JWA Facilities & Operations 5. Alternative Transportation Service 6. Public Agency Support and Participation 7. Community Involvement 8. Monitoring/ Recommendations E. POLICY 1. Primary Objective The City Council's primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from JWA. The City Council believes that airport impacts are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. Accordingly, the City should develop, modify as necessary and aggressively implement strategies and action plans that are designed to achieve the primary objective. The strategies and plans must consider and respect the complex legal, political and economic factors relevant to airport operations and impacts. 31 A-17 2. Considerations The City's airport policy has, historically, been based on a thorough understanding and consideration of a wide range of factors that are relevant to airport operations and impacts. Factors relevant to airport operations and impacts include: a. State and Federal law; b. The attitudes, philosophy and regulations of the FAA; C. The state of the economy - national and regional; d. The economic condition of the air carrier industry; e. The regional demand for air transportation; f. Regional and sub -regional planning and transportation programs and policies; g. The decisions, philosophy and opinions of the Board of Supervisors and, to a lesser extent, other local, State and Federal representatives and officials; and h. The opinions and concerns of Orange County residents and business owners. The 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 City's primary objective. The City will be able to achieve its primary objective only if its strategies and action plans reflect a thorough understanding and consideration of these factors - especially the legal framework applicable to airport and aircraft operations - and if its residents understand the inherent limitations on the City's legal authority to regulate aircraft operations or airport service levels. 3. JWA Settlement Agreement The JWA Settlement Agreement is the primary vehicle by which the City exercises control over airport impacts. The operational and service level restrictions in the JWA Settlement Agreement remain in effect at least until January 1, 2031 and provisions related to the curfew remain in effect until at least January 1, 2036. FAA letters confirming the validity of the 2002 and 2014 Amendments is a precedent for future amendments that, like the 2002 and 2014 Amendments, increase air transportation service without impacting airport capacity, airport safety or the quality of life of Newport Beach residents. The City Council shall pursue further amendments to adhere to the following fundamental principles with rA A-17 respect to the JWA Settlement Agreement and any modification or amendment under consideration: a. The City Council shall not consider or approve any agreement (including any amendment of the 2002 and 2014 Amendments) that would or could result in any modification to the County's airport curfew ordinances. b. The City Council shall not consider or approve any agreement (including any amendment of the 2002 and 2014 Amendments) that would or could lead to the construction of a second air carrier runway. C. The City Council should consider modifications to the Settlement Agreement only upon a determination, based on appropriate environmental documentation, that the modifications will not materially alter the quality of life, and are in the best long term interests, of Newport Beach residents most impacted by JWA. d. As a condition to any amendment of the 2002 and 2014 Amendments or successor agreements, the City Council should obtain a favorable FAA determination that the proposed amendment or agreement is exempt from FAA review and approval on the basis that there is no adverse impact on airport capacity or airport safety and complies with other relevant federal laws and regulations. 4. JWA Facilities & Operations JWA has a single air carrier runway with air carrier, air cargo and general aviation facilities sharing approximately 500 acres. The City Council shall take any action necessary to ensure that no additional air carrier runway is constructed. The City Council shall also take any action necessary to prevent any modification of the existing noise curfew that, generally speaking, prohibits certain departures from 10:00 p.m. to 7:00 a.m. (8:00 a.m. Sunday morning). The City should also support any plan or proposal that maintains, and oppose any plan or project that proposes any significant change to, the existing level of general aviation operations, the current level of general aviation support facilities or the General Aviation Noise Ordinance. Finally, the City shall take all steps necessary to preserve or enhance the existing remote monitoring system (RMS) and public disclosure of RMS readings and information. E:3 A-17 The City, through the Aviation Committee, will also continuously evaluate means and methods by which JWA impacts can be minimized including the analysis of changes in airport procedures and aviation related technological advancements to determine if feasible alternatives exist. In the event the City identifies feasible alternatives that could reduce adverse airport impacts the City shall take all reasonable actions necessary to implement the alternative(s). 5. Alternative Transportation Service The City Council recognizes that there is presently no feasible site for a second air carrier airport in Orange County and that residential and commercial development is likely to result in increased air transportation demand over time. Accordingly, the City Council should support opportunities to serve some Orange County air transportation demand at airports other than JWA including: a. Promoting circulation and transportation improvements from Orange County residential and business communities to outlying airports with capacity in excess of current operations levels such as Ontario Airport and San Bernardino International Airport. b. Supporting development of new or expanded air carrier facilities in locations that are, or could be with appropriate transportation links, convenient to Orange County residents. C. Supporting the development of new or expanded air cargo service and facilities that could increase the airfield or airspace capacity of existing passenger serving airports. d. Supporting regional and sub -regional plans and programs that are consistent with then current JWA operational and passenger service levels and provide potentially feasible means or mechanisms to serve some Orange County air transportation demand at facilities other than JWA. 6. Public Agency Support and Participation The City Council should continuously pursue support for each component of this Policy from other public agencies, especially those concerned about JWA impacts. A key component of any such initiative is the Corridor City coalition. The Corridor City coalition was a major force in Board approval of the 2002 and 2014 Amendments. The Corridor City coalition was built on a foundation of mutual interest in JWA operations and regular meetings between members of the respective City Councils supported by interaction between city managers and/or city attorneys. The City should X A-17 continue to arrange regular meetings of the Corridor City coalition to update members on any activity that could be relevant to Orange County air transportation or JWA operations. The City will participate, to the maximum extent possible, in local and regional planning processes that have a bearing on decisions regarding airport capacity, airport service and other relevant issues. Of particular importance is participation in the Southern California Association of Governments' (SCAG) development of the Regional Transportation Plan. The City Council and staff will also regularly meet and communicate with County, State and Federal elected or appointed officials regarding the actions that the officials can take (or oppose) that will help the City achieve its primary objective. 7. Community Involvement The City Council recognizes that any plan or strategy to control JWA impacts requires support and assistance from community-based groups concerned about airport impacts. These groups, such as the AWG, have volunteered thousands of hours pursuing strategies and plans designed to minimize airport impacts and were instrumental in past successes. The City Council welcomes, and will support, the efforts of any group or individual that is striving to achieve the City's primary objective, understands the legal, political and economic factors that are relevant to the control of airport impacts and seeks to achieve the City's primary objective in a manner that reflects full consideration and understanding of those factors. The City will communicate regularly with its residents relative to the key provisions of this Policy as well as local and regional activities that are relevant to this Policy. As part of this communication, Council members and staff will regularly meet with the leaders and/or members of citizen - based organizations concerned about airport impacts. 8. Monitoring/ Recommendations The City Council is ultimately responsible to achieve the primary objective of this policy - to minimize the impact of JWA operations on the quality of life of Newport Beach residents. The City Council shall designate the City Manager as the employee primarily responsible for coordinating the implementation of this Policy. The City Manager, personally or through one or more designees, shall implement this Policy including regular communications with residents, the leaders of community organizations 10 A-17 and the Corridor Cities. The City Manager shall periodically report the status of implementation to the City Council and shall perform the following: a. Monitoring Settlement Agreement Compliance. The City Manager shall carefully and thoroughly monitor those aspects of airport operation relevant to the Settlement Agreement, including County enforcement of the General Aviation Noise Ordinance and provide the Aviation Committee and the City Council with periodic reports. b. Monitoring Regional Airport Plans/Programs. The City Manager should continuously monitor efforts or plans by any agency or entity to develop new airports, expand existing facilities or otherwise provide additional air or ground transportation service that could serve Orange County air transportation demand. C. Monitoring Regional Planning Agencies. Agencies such as SCAG have the authority to, and do, adopt plans and programs that materially impact airport planning, airport usage, airport development and access to airports. The City Manager should ensure that a City representative routinely attends all SCAG meetings that pertain to aviation and report all relevant activities to the City Council and the Aviation Committee. d. Monitoring State & Federal Legislative Sessions. State and Federal legislation - such as ANCA - have the potential to impact JWA and Orange County air transportation issues in a variety of ways. The City Manager should routinely monitor all proposed State legislation and, to the extent feasible, potentially relevant Federal legislation and notify the City Council and the Aviation Committee of any legislation that is relevant to the City's ability to protect its residents from impacts related to JWA operations. e. Recommendations. The City Manager should continuously advise the City Council on actions that should be taken to implement this Policy in a manner consistent with the Fundamental Principles. The City Manager shall prepare and submit to the City Council for consideration at a noticed public meeting reports that explain the rationale for any recommendation. 11 History A-17 Adopted B-1 - 2-14-1972 ("Airport Land Use Commission') Reaffirmed B-1 -12-10-1973 Reaffirmed B-1 -11-11-1974 Amended B-1 -10-14-1975 (renaming "Orange County Airport Policy") Amended B-1 -11-27-1978 Created B-2 -11-27-1978 (returned to "Airport Land Use Commission') Amended B-1 -10-14-1980 Amended B-1 - 7-27-1981 Amended B-1 - 9-27-1982 Created B-2 - 09-27-1982 (renaming to "Limitations of John Wayne Airport") Amended B-1 -3-14-1983 Amended B-1 - 5-23-1983 Amended B-1 & B-2 -12-9-1985 Amended B-1 & B-2 -10-22-1990 Amended B-2 - 7-13-1992 Amended B-1 -12-13-1993 (incorporating B-2) Amended B-1 - 2-27-1995 Amended B-1 - 3-22-1999 (changed to A-17) Amended A-17 - 7-25-2006 Amended A-17 - 5-12-2015 IM Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit B Exhibit B Exhibit B Exhibit B