HomeMy WebLinkAboutC-2743 - Monorail at John Wayne AirportAY OF NEWPORT BACH
C f'
Ayes
Noes I x l g Ix I x I x I x
Motion
All Ayes
x
MINUTES
March 13, 1989
lease, and to determine if the City can
help the Club to achieve a new 50 -year
lease on the remainder of the property
proposed for redevelopment.
Council Member Sansone moved an
amendment to the above motion, directing
staff to obtain an "independent" legal
opinion as to whether the City Council
has the authority to approve a 50 -year
lease on the subject property.
x I The amendment was in agreement with
Council Member Hart, and the motion, as
revised, was voted on and carried.
4. Oral Report and recommendations
concernipg MONORAIL AT JOHN WAYNE
AIRPORT:
The City Manager stated that the Council
has recieved a revised MOU dated
March 13, 1989, which stipulates there
will be no terminal -like functions
performed by the proposed John Wayne
Airport monorail, and is to be executed
by the Cities of Irvine, and Newport
Beach and the County of Orange. If the
MOU is approved by Irvine and the
County, then the City can remove their
protest of the Negative Declaration
prepared for the project by the County
and the project can proceed.
In view of the foregoing, Mayor Strauss
moved the following motion:
"To authorize the Mayor and City
Clerk to execute a Memorandum of
Understanding with the County of
Orange and City of Irvine regarding
the proposed John Wayne Airport
Monorail, subject to the following:
(1) The MOU shall be the same as
the document submitted to the
City Council this afternoon
with the City Attorney
authorized to make minor .
non - substantive changes; and
(2) The MOU will not be executed
until a Joint Policy
Memorandum, similar to the
document submitted to the City
Council this afternoon has
been approved by the City of
Irvine; and
Volume 43 - Page 102
John Wayne -
O/C Arprt
C- 2 7413
N
OY OF NEWPORT BOACH
March 13, 1989
(3) The City Council Ad Hoc
Airport Committee is
authorized to approve changes
to the MOU, or Joint Policy
Memorandum, as it deems
appropriate.
Meeting adjourned at 10:30 p.m.
The agenda for this meeting Was
posted on March 9, 1989, at 8:45
a.m., on the City Hall Bulletin
Board located outside of the City
of Newport Beach Administration
Building.
Volume 43 - Page 103
MINUTES
Monorail/
John Wayne -
O/C Arprt
JOHN WAYNE AIRPORT MONORAIL
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into
this �.a1 day of 1989, by and between the COUNTY OF
ORANGE ( "County "), the CITY OF NEWPORT BEACH ( "Newport "), and the
CITY OF IRVINE ( "Irvine ") is based upon the following:
A. McDonnell Douglas Realty Corporation ( "MDR ") has
proposed construction of a 2,400 foot monorail system ("JWA
Monorail ") that would run between the passenger terminal at John
Wayne Airport ("JWA") and twin office towers which MDR proposes to
construct as a part of the Douglas Plaza Project at MacArthur
Boulevard and Douglas Street in the Irvine Business Complex
( "IBC").
B. MDR's consultant has evaluated the potential
environmental effects of the proposed JWA Monorail project and
concluded it will have no significant adverse impact on the
environment. County staff has adopted this environmental analysis
and approved a Negative Declaration for the JWA Monorail Project.
1
C. Newport and Airport Working Group ("AWG") have filed
written appeals of County staff's decision to issue a Negative
Declaration for the JWA Monorail. These appeals contend, among
other things, that the JWA Monorail is the first link in a much
larger system which could increase the passenger serving capacity
of JWA, and that the County should have evaluated the impacts of
an extended or expanded monorail system.
D. The JWA Monorail cannot be built, at least, as
currently proposed, unless footings for the system are poured in
conjunction with the construction of the southeast parking
structure at JWA, and County does not intend to award a parking
structure contract that includes JWA Monorail footings unless City
and AWG appeals are withdrawn.
E. Newport agrees to withdraw their appeal of, and file
no lawsuit challenging, the Negative Declaration for the proposed
JWA Monorail, based upon provisions of this MOU that ensure the
JWA Monorail will not, now or in the future, perform "terminal -
like functions" that would increase the passenger serving capacity
of JWA, and the commitments to prepare a full environmental impact
report ( "EIR") for any subsequent expansion or extension of the
JWA Monorail.
F. This agreement is intended to bind the parties
irrespective of changes in. the composition or membership of the
E
respective legislative bodies as provided in Section 6500 et sea.
of the Government Code.
NOW, THEREFORE, the Parties agree as follows:
1.0 Withdrawal of Anneals of Negative Declaration.
In consideration of the representations and commitments
of County and Irvine as specified in this MOU; Newport withdraws
its appeal, and agrees to file no lawsuit challenging the
adequacy, of the Negative Declaration, effective as of the date
this MOU is signed by all parties.
2.0 Prohibition of Terminal -Like Functions.
A.
The County and /or
Irvine shall impose
the following
conditions
in approving the
JWA Monorail, any
extension or
expansion of the JWA Monorail, or any connection (by physical
linkage or service agreement) to another monorail system or mass
transit facility:
1. The JWA Monorail, any extension or expansion of
the JWA Monorail, or any connection of the JWA Monorail to another
monorail system or mass transit facility, shall not serve any
person, proprietorship, partnership, firm, corporation, or other
business or governmental entity, which performs "airport terminal
3
functions." The term "airport terminal functions" shall mean
performance of the following services in conjunction with JWA, or
in a manner that increases the capacity of the JWA terminal,
parking structure, or related facilities: (1) airport baggage
checking or handling; (2) waiting rooms for airport passengers;
(3) parking facilities regularly used by airport patrons who have
no business to transact at any building off of JWA property; (4)
areas designated or regularly used for air passenger drop off or
pick up, (5) areas served by direct communication links with.JWA
loading gates, (6) airline ticketing /seat assignment /check -in
services; and (7) rental car operations primarily intended to
serve airport patrons. The parties do not intend to prevent the
connection of the JWA Monorail to any business or building which
performs the services listed above if the extent of the services,
or the manner in which they are performed, does not increase the
passenger serving capacity of the JWA terminal, parking
structures, or related airport facilities.
2. The JWA Monorail system shall not be located on,
or connect to, any property, building, or structure off JWA
property from which any airport terminal functions for JWA are
performed;
3. Except as otherwise provided in this subsection,
the JWA Monorail system shall not be located on, linked to, or
operated in connection with any real properties, monorail
fl
. - • . 9
systems, or other forms of mass transit unless and until each
owner, lessee, and operator of such other properties or transit
systems enters into an enforceable agreement consenting to comply
with the conditions in subparagraphs 1 -3.
B. The conditions specified in subparagraphs 1 -3 shall
also be designated as mitigation measures adopted in conjunction
with the approval or certification of an environmental' document
prepared for any project described in this section.
C. The County, in its capacity as proprietor of JWA,
shall insure that the conditions specified in this section are
incorporated into any operating agreement, permit, lease or
franchise granted by County to MDR, or its successor, authorizing
operation of the JWA Monorail on Airport property.
D. This section shall not prevent the connection of the
JWA Monorail to the Multi -Modal Transportation Center, proposed by
the City of Irvine to be constructed adjacent to the Amtrak right -
of -way in the Irvine Spectrum.
3.0 Third Party Beneficiary.
AWG is a third party beneficiary of this agreement
provided AWG withdraws its appeal of the JWA Monorail negative
declaration as of the date this agreement is signed by all
parties.
5
4.0 Future Environmental Do umentation.
County, Irvine and /or Newport shall prepare an EIR for any
expansion or extension of the JWA Monorail, or any connection of
the JWA Monorail to another monorail or mass transit facility,
and the EIR shall, at that time, evaluate all of the potential
significant adverse environmental impacts caused by' the JWA
Monorail, including the first link, the proposed
extension /expansion, and any reasonably foreseeable future
expansion /extension or connection with another mass transit
facility.
5.0 Enforceability.
This agreement shall be binding on each of the parties
notwithstanding any change in the composition, structure or
membership of the legislative body of any party as provided in
Section 6500 et sec. of the Government Code.
IN WITNESS WHEREOF, the Parties have caused this agreement
to be executed and attested by their duly executed officers, and
to have their official seals affixed hereto, as of the date first
stated above.
11
0
DATED: MAY 21 , 1989 COUNTY OF ORANGE
SIGNED AND CERTIFIED THAT A COPY 0
OF THIS DOCUMENT HAS BEEN DELIVERED
Vy�j2)
TO THE CHAIRMAN OF THE BOARD Chairman of the Board
of Supervisors
LINDA D. RUTH
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
ADRIAN KUYPER
Count ounsel
B T
ttor eyi ter,
County of Orang
DATED: MlA0 ) �% , 1989 CITY OF NEWPORT BEACH
By: A
Mayor
ATTEST:
By: �/% `r G�
4AZ0,-.e'. City Clerk
APPROVED AS TO FORM:
1 %) Ink
By
obert H. Burnham
City Attorney
10
DATED: / / a&tJv U., , 1989 CITY OF IRVINE
ATTEST:
By: Ys J� J
City Clerk
APP
By:
THE FOREGOING IMSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
ON FILE IN THIS OFFICE, q
ATTEST: _ ' ;)- .19
LIKIDA D. RUT Clerk aYthe Board
Of Supenis rs, CvL1 j i Orange
BY. EPUTY
Writer's Direct Dial Number
7141
A- 557(g)
OFFICES OF
THE COUNTY COUNSEL
COUNTY OF ORANGE
10 CIVIC CENTER PLAZA
MAILING ADDRESS: P.O. BOX 1379
SANTA ANA, CALIFORNIA 927021379
711431,300
Fu 71"34 -2359
July 24, 1989
Robert H. Burnham, City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Roger Grable, City Attorney
City of Irvine
Rutan & Tucker
P. O. Box 1950
Costa Mesa, California 92626
Re: McDonnell Douglas /Airport Monorail
Project; Memorandum of Understanding
Gentlemen:
ADRIAN KUYPER
COUNTY COUNSEL
WILLIAM J. MCCOURT
CHIEF ASSISTANT
ARTHUR C. WAHLSTEDT, JR.
LAURENCE M. WATSON
ASSISTANTS
VICTOR T SELLERUE TERRY C. ANDRUS
JOHN R. GRISET
EDWARD N. DURAN
IRYNE C. BLACK
RICHARD D. OVIEDO
BENJAMIN P. DE MAYO
HOWARD SERBIN
DANIEL J. DIDIER
GENE AXELROD
ROBERT L. AUSTIN
DONALD H. ROBIN
DAVID R. CHAFFEE
CAROL D. BROWN
BARBARA L. STOCKER
JAMES F MEADE
STIFFEN H. WEISS
SUSAN STROM
DAVID BEALES
JAMES L. TURNER
PETER L. COHON
NICHOLAS S. CHRISOS
THOMAS F. MORSE
WANDA S. FLORENCE
HOPE E. SNYDER
THOMAS C. AGIN
SHERIE A. CHRISTENSEN
SUSAN M. NILSEN
SARA L. PARKER
ADRIENNE K. SAURO
KARYN J. DRIESSEN
KATHY PAUL
KAREN R. PRATHER
F. LATIMER GOULD
ROBIN FLORY
'� "ECEIVEp
CITY TTORNEy
JUL 271989 6, OF
NEWPORT BEACF/
C11L .c4
Attached, for your files, are copies of the Board of Super-
visors Minute Order of May 23, 1989, regarding approval, among
others, of the County /Newport Beach /Irvine Memorandum of Under-
standing for the Monorail Project. Certified copies of the
Agreement are also attached.
Very truly yours,
ADRIAN KUYPER, COUNTY COUNSEL
B
Danie J ier, Deputy
DJD:ep
Attachments
cc: Dennis D. O'Neil, Esq. (w /encl.)
E. Clement Shute Jr., Esq. (W /encl.)
E111/28
' BOARD OF SUPERVIS•
ORANGE COUNTY, CALIFORNIA MINUTES May 23, 1989
UNDERSTANDING -- CITIES OF NEWPORT BEACH AND IRVINE --
DATTnN Nn_ iP -nOn -- MnNn Ail IFArF DFDA TNG .DFFI
Airport, Airport Manager, requests approval o t e Monorail Project,
including approval of the Memorandum of Understanding with the Cities of
Newport Beach and Irvine concerning environmental issues; approval of
the change order for monorail foundations; acceptance of funds to offset
costs of monorail foundations; and approval of monorail lease /operating
agreement.
Chairman Riley stated he concurred with recommendations contained in the
May 22, 189 memorandum from Airport Manager George Rebella. He pointed
out that McDonnell Douglas has worked hard but they would like more time
to work on the engineering details that will be the basis of their
financial commitment to the County for construction of the monorail
foundations. Chairman Riley noted that Mr. Rebella had emphasized that
the East Parking Structure - -the project where McDonnell Douglas has
planned to connect to the terminal - -is proceeding as if no monorail is
planned. In other words, construction of the structure was going ahead
on schedule. Chairman Riley stated he supported the project from the
beginning and would continue to do so, since it was important to Orange
County residents. Chairman Riley,.thereupon, offered the following
motion, in accordance with the Airport Manager's recommendations.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Stanton,
tFe -Board moved to approve Negative Declaration No. IP 88 -090 and
certify the document as adequate and complete under the California
Environmental Quality Act, as mitigated by the terms of the Memorandum
of Understanding between the County and the Cities of Newport Beach and
Irvine and the Airport Working Group, and authorize execution of said
document. The remaining Recommended Actions were continued to June 6,
1989. MOTION UNANIMOUSLY CARRIED.
APPLICA110b -- JIATE OF CALIFURNIA: Environmental Management Agency
requests authorization to i e app ications for Senate Bill 821 grant
funding for the Aliso Creek Trail within Aliso /Wood Canyons Regional
Park, the Santa Ana River Trail Bicycle Bridge south of Adams Avenue,
and the Coyote Creek Bicycle Trail between Crescent Avenue and Walker
Street.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Wieder,
tie-Board adopted Resolution No. 89 -769 to: 1. Authorize filing of
applications. 2. Authorize Director of Transportation, Environmental
Management Agency, to execute grant documents. MOTION UNANIMOUSLY
CARRIED.
-12-
0 0
JOINT POLICY MEMORANDUM
The Orange County cities listed below agree, in principle, to the
following:
1. Increasing demand for air transportation in Orange
County requires the reasonably prompt selection
and development of a second commercial airport
situated such that it is convenient to Orange
County residents.
2. The Airport Site Coalition is conducting a study
of alternative sites that may be suitable for the
development of a second commercial airport. We
pledge to support ASC efforts to reach a consensus
as to the most feasible site for a second
airport.
3. The Airport Site Coalition, which represents a
broad cross - section of County residents and
businesses, was designated by the Orange County
Board of Supervisors to conduct a site selection
study and the Board should vigorously support or
sponsor development of a second commercial
airport.
DATED: �QOA4_ ' 14 , 1989
DATED: l lRk'<h %7 / 1989
CITY OF IRVINE
�• ��
CITY OF NEWPORT BEACH
�f
By:. �� 4 f.� ,, •
Donald Strauss, Mayor
0 0
/0�6 �� �, CITY OF NEWPORT BEACH
C �P
<I Fp µN
Mayor
Donald A. Strauss
Mayor Pro Tem
Ruthelyn Plummer
Council Members
John C. Cox, Jr.
Evelyn R. Hart
Phil Sansone
Clarence J. Turner
Jean H. Watt
The Honorable Thomas Riley
5th District Supervisor
County of Orange
10 Civic Center Plaza
Santa Ana, CA 92701
Re: Memorandum of Understanding for Proposed
John Wayne Airport Monorail
Dear Tom:
We have enclosed a copy of a Memorandum of Understanding regarding
the proposed John Wayne Airport Monorail. This MOU has been
approved by our respective counsels and has been reviewed by
Deputy County Counsel Dan Didier.
The key provisions of the MOU can be summarized as follows:
1. Newport agrees to withdraw its appeal of the
Negative Declaration and file no lawsuit
challenging the adequacy of the Negative
Declaration;
2. The Monorail will not perform "terminal- like"
functions; and
3. A full EIR will be prepared if and when there is a
proposal to extend or expand the Monorail.
City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658 -8915
(714)644 -3004
We believe the MOU is cons' Gent with your response to Newport's
first proposal. Airport Wo ng Group representatives have been
advised of the contents of tte MOU and we have every reason to
believe that they will withdraw their appeal of the Negative
Declaration once the MOU is signed by all parties.
Sincerely,�/}��
Sincerely,
Donald Strauss
Mayor
City of Newport Beach
Lazr�gr
May
City of Irvine