HomeMy WebLinkAbout11 - Letter to Costa Mesa Regarding Proposed Helistopl� •
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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
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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