HomeMy WebLinkAboutC-3364 - Project Manager for Amendment to the John Wayne Airport (JWA) Settlement Agreement (C-2535)_ C38 / 5L
Agenda Item No. 0
....CITY 0_r` 'CH�
CITY OF NEWPORT BEACH AUG 8
OFFICE OF THE CITY ATTORNEY nv�"c a In �tiJ
August 8, 2000 (1 -- 3 3 (,o`"+
TO: Mayor & Members of the City Council
FROM: City Manager and City Attorney
RE: John Wayne Airport Settlement Agreement
Proposed Amendment to Extend the Term
In 1985, the City of Newport Beach, County of Orange, SPON and AWG entered
into the John Wayne Airport Settlement Agreement (Agreement). The Agreement
authorized the construction of a new terminal and jetways, parking facilities and other
improvements at John Wayne Airport (JWA). The Agreement, which expires December
31, 2005, establishes three "noise based" classes of commercial aircraft departures
(Class "A ", "AA ", and "E ") and limited the number of the two "noisiest" categories (Class
"A" and "AA "). The limits on Class "A" and "AA" departures, which are expressed in
terms of average daily departures or "ADD ", are 39 ADD and 34 ADD respectively.
The permitted noise levels for Class "A" and "AA" departures have been modified
on two occasions — the first in response to an amendment to FAA Advisory circular 91-
53A that required modifications to noise abatement departure procedures and the
second in response to the installation of new noise monitors. The Parties to the
Agreement have also entered into a series of stipulations that authorize two additional
Class "A" departures for FedEx and UPS. The two cargo departures are permitted five
(5) days a week and only within certain timeframes.
DISCUSSION
The City Council has a formal aviation policy (A -17 — copy attached as Exhibit A)
that establishes certain goals and objectives. One of the primary goals is an
amendment of the Agreement to extend the term beyond 2005. City Council approval
of an amendment to the Agreement is a "project" pursuant to CEQA and requires
adequate environmental documentation. Staff has prepared a draft "project description"
that would be the basis for conducting an Initial Study and making the initial
determinations required by CEQA.
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The draft project description (copy attached as Exhibit B) is generally consistent with
Council Policy A -17 and some of the key features of the proposed project can be
summarized as follows:
1. The expiration date of the Agreement would be extended from December
31, 2005 to December 31, 2025.
2. The two "all cargo" operations that have been authorized by stipulation
would be incorporated into the Agreement.
3. The modifications to noise thresholds resulting from the remote monitoring
station changeover and AC 91 -53A would be incorporated into the
Agreement.
4. The modifications to amount of terminal area that can be leased for
commercial purposes that were approved by the City Council would be
incorporated into the Agreement.
RECOMMENDATIONS
Staff recommends that the City Council take the following action:
1 . Approve, in concept, the draft project description (Exhibit B).
2. Authorize staff and special counsel to finalize the project
description after consultation with appropriate County staff and
other interested parties. Staff and special counsel are authorized
to make minor changes to the project description and or project
objectives as necessary to comply with CEQA or to ensure
consistency with Council Policy A -17.
3. Authorize staff and special counsel to conduct an Initial Study of
the project, determine the environmental document required by
CEQA, issue appropriate notices and prepare the document.
4. Direct staff to prepare an agreement with Shute Mihaly and
Weinberger to act as project manager and authorize the City
Manager to execute the agreement.
5. Adopt a resolution (copy attached as Exhibit C) that requests
Supervisor Wilson and the Board of Supervisors to cooperate with
City in the preparation of the environmental document and approval
of an agreement authorizing the City to function as lead agency.
Staff and special counsel will be available at the meeting to
provide additional information.
Homer Blu au
City Manager
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to questions and
Robert Burnham
City Attorney
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A -17
NEWPORT BEACH AVIATION POLICY
POLICY
The City's aviation policy consists of three components:
A. The preservation of the John Wayne Airport Settlement Agreement;
B. The possible modification of the Settlement Agreement under terms acceptable
to the City and County; and
C. The development of an additional commercial airport to complement service
provided at JWA.
The measures to implement this policy are discussed in POLICY IMPLEMENTATION
and implementation of all components of this policy are necessary to preserve the
quality of life for Newport Beach residents.
PURPOSE
The purpose of this policy is to establish a comprehensive program to minimize the
impact of John Wayne Airport (JWA) on the quality of life for Newport Beach residents
by preserving the current operational restrictions at JWA, investigating ways to extend
and /or strengthen those restrictions, and encouraging objective evaluation of the
potential for converting El Toro MCAS to a commercial airport that would complement
air transportation service provided at JWA.
INTRODUCTION
The Southern California Association of Governments (SCAG) has predicted that the
demand for air transportation in Orange County will exceed 16 million annual
passengers (MAP) in the year 2000 and 23 MAP in 2010. JWA is the only commercial
airport in Orange County and commercial aircraft departing JWA generate noise that
affects more than 40,000 Newport Beach residents. However, inadequate land area and
other constraints currently prevent JWA from serving more than 50% of the existing
demand, and less than half of the anticipated demand, for air transportation in Orange
County.
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EXHIBIT A
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A -17 I
Nonetheless, in the absence of an additional and complementary commercial airport
convenient to Orange County residents, there will be constant and continued pressure
to increase the number of commercial jet departures at JWA and any resulting increase
in noise could further degrade the quality of life for our residents. Newport Beach
accepts the fact that, in all probability, JWA will remain a commercial airport for the
foreseeable future and plays an important role in Orange County's economic structure.
However, Newport Beach will not accept any substantial increase in commercial jet
aircraft noise and will oppose any physical improvement at JWA that could cause that
to occur.
A major source of future additional air transportation demand is the urbanization of
Southern Orange County. The Board of Supervisors and the cities in Southern Orange
County must be willing to accept the responsibility to provide for some of the air
transportation demand generated by those businesses and residents. There is evidence
to suggest that El Toro Marine Corps Air Station (El Toro MCAS) can, when closed, be
converted to a commercial aviation facility:
A. With substantially less noise than generated by current military operations;
B. Without significantly affecting the quality of life for South County residents;
C. And provide a stimulus to the Orange County economy.
Newport Beach residents have experienced the same fears and concerns now expressed
by South County residents, but operational restrictions imposed on JWA by the
Settlement Agreement with Orange County have reduced the impacts on our residents
while serving the needs of all of Orange County.
POLICY IMPLEMENTATION
A. Preservation of the TWA Settlement Agreement. The City Council and staff shall
take all steps necessary to protect the validity of the JWA Settlement Agreement.
These steps include, without limitation, the following:
The City shall oppose, or seek protection from, any Federal legislative or
regulatory action that would or could affect or impair the County's ability
to operate JWA consistent with the provisions of the JWA Settlement
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A -17
Agreement or the City's ability to enforce the Settlement Agreement. City
staff shall continue to monitor possible amendments to the Airport Noise
and Capacity Act of 1990 as well as various FAA Regulations and
Advisory Circulars that relate to aircraft departure procedures.
2. The City shall maintain membership in NOISE and /or other groups
whose primary purpose is to preserve the right of airport proprietors or
noise impacted residents to establish or enforce reasonable restrictions to
reduce the noise impact of commercial aircraft operations.
3. The City shall request, and assist the County in implementing,
improvements to the comprehensive noise control program at JWA, which
are consistent with the terms and provisions of the Settlement Agreement,
and do not adversely impact airport capacity or safety. Such
improvements could include, without limitation, the following:
a. Implementation of aircraft flight or departure procedures, which
assure the community of the best feasible, noise abatement;
b. The preservation of the existing permanent remote monitoring
stations and the upgrade of the current noise monitoring system
whenever feasible;
C. Continued enforcement of the General Aviation Noise Ordinance.
B. Possible Extension of the Settlement Agreement. City Staff is directed to
continue to discuss and, subject to City Council approval, negotiate amendments
to the JWA Settlement Agreement. The City Council will not approve any
amendments to the Settlement Agreement absent FAA approval, preservation of
the curfew, and a permanent reduction in the number of permitted departures by
the noisiest commercial aircraft currently using the airport. These are the
minimum criteria that must be satisfied before the Council will even consider
any limited increase in the number of permitted commercial jet departures or
passenger service levels.
C. Additional Commercial Airport. The City of Newport Beach has long advocated
the development of an additional commercial airport to complement service at
JWA. While the only mandatory criteria for the additional airport is that it be
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A -17
located convenient to Orange County residents, the City of Newport Beach,
SCAG, the Southern California Regional Airport Authority, the FAA and the
Orange County Cities Airport Authority have all recognized the potential of El
Toro MCAS to accommodate commercial aviation without adversely affecting
the quality of life of South Orange County residents. The second airport site
studies conducted to date have not identified a feasible location for an additional
airport other than El Toro MCAS. El Toro MCAS consists of 4700 acres of land
and the base is surrounded by more than 16,000 acres of land that is vacant or
devoted to uses which are compatible with the extremely noisy military jets that
now comprise the majority of El Toro MCAS operations. El Toro has two 10,000 -
foot runways and two (2) 8,000 -foot runways. Ground access to the base is
provided by five existing or planned freeways, tollways, or transportation
corridors as well as the nearby Amtrak railroad line. Technical studies have
confirmed that commercial departures can be accommodated by the existing
runways such that residents are exposed to substantially less noise than
generated by existing military operations. These factors, combined with the
decision of the Department of Defense to close El Toro MCAS in 1999, require a
thorough and objective evaluation of the commercial aviation potential of El
Toro during any reuse planning process.
While a final position on commercial aviation -at El Toro MCAS should not be
taken by any public or private entity until completion of a thorough and
objective study, the following statements can be made with certainty:
1. El Toro MCAS is a County-wide resource which, if properly redeveloped,
could generate substantial direct revenue through commercial aircraft
operations and other on -site development as well as stimulate Orange
County's economy and dramatically increase private and public sector
revenue;
2. Evaluation of commercial aviation at El Toro should assume the continued
existence of JWA while recognizing the limited size and physical capacity
of that facility;
3. El Toro MCAS could be converted to a commercial airport without any
South County resident experiencing noise as great as that generated by
current military operations and much less noise than is currently
experienced by any Newport Beach resident;
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A -17
4. Public entities and residents likely to be impacted by airport noise or
airport operations must receive written and binding assurances that any
operational control or restriction necessary to minimize the adverse
impact on quality of life will remain in effect in perpetuity.
Adopted - February 14,1972
Amended - October 14,1975
Amended - November 27,1978
Amended - October 14,1980
Amended - July 27,1981
Amended - September 27,1982
Amended - March 14,1983
Amended - May 23,1985
Amended - December 9,1985
Amended - October 22,1990
Formerly B -1 and B -2
Adopted - December 13,1993
Amended - February 27,1995
Amended — March 22,1999
Formerly B -1
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Draft Project Description for Proposed Amendment of the
JWA Settlement Agreement
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.
EXHIBIT_ B
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. Scoping/Early 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.
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A RESOLUTION OF THE NEWPORT BEACH CITY COUNCIL ASKING THE ORANGE
COUNTY BOARD OF SUPERVISORS TO SUPPORT, IN CONCEPT, THE DESIGNATION OF
THE CITY OF NEWPORT BEACH AS THE LEAD AGENCY IN PREPARING AN
ENVIRONMENTAL DOCUMENT TO EVALUATE THE IMPACTS OF 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, City Council approval of an amendment to the Agreement 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 each must
approve an amendment to the Agreement.
WHEREAS, the City of Newport Beach is willing to prepare the environmental
document for the project and perform the other functions required of a lead agency by
CEQA.
WHEREAS, CEQA allows two public agencies to enter into an agreement one of
the entities as the Lead Agency and to cooperate in the preparation of the
environmental document as well as jointly perform 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 Agreement and the approval of a
"lead agency agreement" 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:
TO SUPPORT THE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT (ED) BY THE CITY OF NEWPORT BEACH 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);
EXHIBIT C
2. TO APPROVE, IN CONCEPT, THE PROJECT DESCRIPTION (EXHIBIT
A) FOR PURPOSES OF CONDUCTING THE INITIAL STUDY AND
PREPARING THE ED; 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 ED FOR THE PROJECT;
B. TO PRESENT TO THE BOARD OF SUPERVISORS FOR
APPROVAL AN AGREEMENT WITH THE CITY OF NEWPORT
BEACH WITH THE FOLLOWING COMPONENTS:
(1) NEWPORT BEACH WILL BE THE LEAD AGENCY FOR
THE PROJECT AND WILL DESIGNATE A PRIMARY
CONTACT PERSON;
(II) THE COUNTY WILL BE A RESPONSIBLE AGENCY AND
WILL DESIGNATE A PRIMARY CONTACT PERSON;
(III) COUNTY WILL PROVIDE NEWPORT BEACH WITH ALL
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 (STUDIES AND REPORTS
SHALL BE PROVIDED IN THE MOST CONVENIENT
FORM FOR USE (COMPUTER DISK OR E- MAIL);
(IV) AN EQUITABLE SHARING OF COSTS RELATIVE TO THE
PREPARATION OF THE ED 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;
(V) COUNTY WILL HAVE FULL ACCESS TO ALL STUDIES,
REPORTS AND DRAFT ENVIRONMENTAL DOCUMENTS;
(VI) NEWPORT BEACH WILL CONSIDER, IN GOOD FAITH,
COUNTY COMMENTS ON THE ADEQUACY OF ANY
DRAFT ED AND THE ACCURACY /ADEQUACY OF
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STUDIES, REPORTS AND DOCUMENTS RELATED TO
THE PROJECT AND THE ED;
(VII) NEWPORT BEACH AND COUNTY TO MEET BI- WEEKLY
TO REVIEW PROGRESS OF THE ED, THE STATUS OF
STUDIES AND REPORTS, AND TO DISCUSS RELEVANT
ISSUES;
ADOPTED this 8th day of August, 2000.
Dated:
ATTEST
LaVonne Harkless, City Clerk
A
CITY OF NEWPORT BEACH,
John Noyes
Mayor
• 01
PLEASE DELIVER. THIS FAX
"RECEIVED AFTER AGENDA
PRINTED:" X20 S- -Oa
TO: NEWPORT BEACH CITY COUNCIL
OF
DATE: August 9, 2000
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NUMBER OF PAGES FOLLOWING:
Message:
Attached is a recent KNX editorial that may be of interest to you.
If you would like to give a different perspective, we extend the offer of an on -air rebuttal.
Rebuttals must be no longer than 90 seconds and relate to the issue discussed in the
editorial.
Please call me at 323 460 -3338 if you are interested in a response.
Dottie Sharkey
from
MONICA McGAP VA 32346 620 D(7I ITE SHARKEX 323460 -3338 DAVID AIS 323.460 -3339
i
I= MNSm
6121 Sunset BL • Los Angeles CA 80028
EDITORIAL
KNX Newsradio • 6121 Sunset Boulevard, Los Angeles, Cali}omia 80028 • (213) 460-3338/ CBS Owned
El Toro Airport
August 7, 2000
00 -158
Last week the KNX editorial board received an education on the proposed commercial
airport at the closed EI Toro Marine Base. We had a detailed discussion of the feasibility
of the project and how it would effect Orange County.
KNX has come up with several conclusions. While we still believe a commercial airport
would increase jobs and decrease the burden on other regional airports, it appears noise
and safety restrictions with the El Toro property will be difficult to overcome.
The alternative answer though appears simple. Currently John Wayne Airport has the
ability to carry more passengers. But Orange County officials need to lift the restrictions
so planes can fly full. This will give Orange County air travelers more options and will
likely keep them flying out of John Wayne.
If John Wayne increases its passenger load, then the development of El Toro as a
commercial airport seems unnecessary. Residents and officials could go back to the
drawing board and come up with a new plan for El Toro.
KNX sees this as the prudent course of action. Noise and safety issues just won't allow
the current airport plan to fly.
KNX Radio welcomes editorial replies by qualified persons to maintain fairness and balance in me presentation or public issues.
George Nicholaw, Vice President, CBS Radio Division, and General Manager. KNX Radio
NEWSRABie
Russell Niewiarowski
20102 Kline Drive
Santa Ana Heights, CA 92707
Home: (714) 754 -1527
Work: (714) 557 -0771 ext. 259
E -mail: miewiarowski @firstteam.com
August S, 2000
City of Newport Beach
RE: Request for support
Dear Mayor and Council Members,
I stand with you in recognizing the benefits of supporting a modern, safe and
efficient commercial airport at the former MCAS El Toro facility that will be both a great
economic benefit and asset to Orange County's long term future. I encourage you to keep
up the fight in standing in support of El Toro and strongly encourage you to reject any
and all so- called "olive branches" from ETRPA.
ETRPA and their spokesperson Meg Waters, refers to your continued support of
El Toro in light of working to extend the JWA Settlement Agreement as "the height of
hypocrisy ". My friends, the pinnacle of hypocrisy is found in ETRPA. It is your
responsibility to both actively support the extension of the JWA Settlement Agreement
and continue to share the burden of securing facilities which can accommodate operations
beyond that which can be safely and fairly served from JWA.
El Toro continues to be a strong and viable site for a new commercial airport
facility, and the county, in light of completing their EIR 573, is reevaluating alternative
airport plans.
The New El Toro Vision, based on the V -Plan, continues to gain support, as it
becomes more evident that this proposed alternative is compliant with the air space and
proves to be safer, quieter, and more efficient. Once again, I ask for your support in the
endeavors founded nearly two years ago by The New Millennium Group in bringing the
vision of a safe, quiet and efficient airport to reality.
As OCRA looks toward new leadership and direction, I have submitted my
request to lead this vision through the positions of Executive Director and Marketing
Director, and ask that consider supporting my passion and interest in this most formidable
task.
Sincerely,
Russell Niewiarowski
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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
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:
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;
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(V) 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.
Dated: ccl �� 91% By:
ATTEST
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH,
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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)
City Clerk
Newport Beach, California