HomeMy WebLinkAboutC-4119 - MOU on John Wayne Airport (JWA)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 /4i+) day of Dcto, r , 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.
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;
I. Oppose any attempt by out -of county entities to assume any ownership of,
or operational control over, JWA;
J. 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.
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.
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. Bludau, 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. Headings. 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.
CITY OF, NEWPORT BEACH,
Mayor
for the City of Newport Beach
ATTEST:
2r,J, 47) )614,
City Clerk
for the City of Newport Beach
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 30th day of September , 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.
2
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;
I Oppose any attempt by out -of county entities to assume any
ownership of, or operational control over, JWA;
J. 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.
4
12. No Assignment. This MOU may not be assigned or transferred by either
Party without the express written consent of the other Party.
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. Bludau, 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. Headings. 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.
5
IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS MEMORANDUM
OF UNDERSTANDING TO BE EXECUTED THE DATE FIRST ABOVE WRITTEN.
CITY QF NEWPO T BEACH, CITY OF COSTA MESA,
it,
Edward D. Selich,
Mayor
for the City of Newport Beach
ATTEST:
City Clerk
for the City of Newport Beach for the City of Costa Mesa
Eric R. Bever
Mayor
for the City of Costa Mesa
ATTEST: