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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