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HomeMy WebLinkAboutS24 - Spheres Issues AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S24 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Manager Homer L.. Bludau, City Manager 949- 644 - 3000,. hbluda.0 @city.newport- beach.ca.us SUBJECT: CITY COUNCIL RECONSIDERATION OF PREVIOUSLY APPROVED SPHERES AGREEMENT NOW REVISED DEALING WITH JWA AND UPPER AND LOWER BAY ISSUES AND DELETING A SANTA ANA HEIGHTS PARK PROJECT AND HORSE TRAIL PROVISIONS ISSUE: Does the City Council want to rescind its previous October 10th action approving the Spheres Agreement, and .approve the revised agreement going before the County Board of Supervisors on October 24th? RECOMMENDATION: Approve the revised agreement. DISCUSSION: At its October 10th regular meeting, the City Council approved by a 7 -0 vote the Spheres Agreement provided by staff. The agreement had the following provisions: 1) a JWA component whereby prior to the County acquiring additional property to be used for a second commercial runway, the runway plans would be provided to the Newport Beach City Council, who would vote to either support or not support the plans, with the County respecting our City Council's decision; 2) the County would provide Newport Beach .up to $500,000 to develop as a passive park the Mesa/Birch county owned vacant site.with Newport Beach 'providing project oversight and park maintenance after the park was developed; also, that agreement contained a provision that the Newport Beach City Council had the County's permission to decide the Mesa Drive horse trail in terms of retaining or deleting it from the SA Heights Specific Plan; 3) a comprehensive management plan for the Upper Newport Bay would be jointly paid for, with the County retaining its ownership of Upper Bay property and management authority; and 4) a jointly funded service study that would identify services provided in the Lower Bay, who Spheres issues Cooperative Agreement October 24, 2006 Page 2 provides, those services, the actual cost of those services and identifying alternatives for providing those services at reduced costs and to the benefits of the service users. After further discussions with County elected officials and their staff, the agreement has been revised to delete the provisions dealing with the Santa Ana Heights Redevelopment area - the Mesa Birch park site development and the horse trail issue. The other issue provisions contained in the original agreement approved by the City Council remain as previously described. Since the City Council took the first action on this agreement and since the agreement has had material changes made to it, the City Manager feels the revised agreement should come back for Council approval. The cornerstone of this proposed agreement has always been the County's sharing of decision making with the Newport Beach City Council for a second commercial runway, if ever contemplated for JWA. That provision remains in tact. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Prepared by: s.r�. Homer Bludau, Manager Attachments' Cooperative Agreement 2 Oct 20 20p6 10:SORM HP LRSERJET FAX COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT ( "AGREEMENT") by and between the County of Orange (County), and the City of Newport Beach ("City") is dated the tat day of November, 2006 ( "Effective Date ") and is made with reference to the following: RECITALS p.4 A. The City .and County, share the goals of (i) fostering local government cooperation as a way to enhance service to the public without increasing costs; and (ii) ensuring that plans and. studies provide public officials with the information necessary to . make informed decisions on the nature and extent of municipal services to be provided as. well as the most cost effective way to provide those services. B:, The Parties, through this Agreement,. commit to work in good faith to ensure that their cooperation will: (i) ensure the public continues to recelve-high quality and cost effective services; (ii) maintain or enhance their constituents quality of life; (iii) preserve and enhance the' wildlife habitat, educational and recreational value 'of natural resources; and (iv) provide a means for continued cooperation to benefit the public and the taxpayer. 1 Oct 20 2006 10:50AM HP LRSERJET FAX NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: P.5 1. GOALS AND OBJECTIVES A. Airport Area Compatibility. The City and County intend, through this Agreement and any subsidiary agreement that the Parties determine is necessary or appropriate to implement this Agreement, to expand their longstanding efforts to promote compatibility between operations at John Wayne Airport.( °JWA° — See Exhibit A) and land uses within and in proximity to the City. The. Parties intend to promote compatibility by, among other things, committing to preserve certain longstanding land use plans, such as the Santa Ana Heights Specific Area Plan ( "SAHSAP "), that were designed to harmonize land uses. in Santa Ana. Heights with air carrier operations at JWA. The Parties also intend this Agreement to prohibit City annexation of. JWA and other JWA -owned or County-owned property without County approval. The Parties also intend, through this Agreement and any subsidiary agreement that the Parties determine is necessary or appropriate. to implement this Agreement, to require County'compliance with a process that includes City consideration and approval prior to County acquiring property for the purpose of extending the existing air carrier runway to the .south or constructing a second air carrier runway, and to require the City.to become a consistent agency with respect to land uses and related planning in the airport area as specified in the Airport Environmental Land Use Plan ( °AELUP "). II. AIRPORT AREA COMPATIBILITY A. Summary. The Parties commit, though this Agreement, and any subsidiary agreement that the Parties determine is necessary or Oct 20 2006 10:50AM HP LRSERJET FAX P•6 _ appropriate to. implement this Agreement, to take actions with respect to existing plans and policies that promote compatibility between SAH land uses and JWA. air carrier operations. This Agreement also confirms exclusive County jurisdiction over, and precludes City annexations of, JWA and/or areas essential to aircraft operations while requiring City consent to. certain acquisitions of property. This Agreement also enables, but. does not require in any way, the City, and County to jointly plan, design, fund and/or construct public improvements. B. Implementation. The Parties will, for the term of this Agreement, act in a manner consistent with the following: (1) The City will not to initiate proceedings to ann&, JWA or any portions of JWA or other County -owned land without the written consent of the County. . (2) Prior to any County (or successor agency) acquisition of land or. any interest therein, Including tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, for the purpose of constructing a second air carrier runway at John Wayne Airport or extending the existing air carrier runway to the south, the County will submit a plan for. the construction of the facility to the City Council of the City of Newport Beach as if Public Utilities Code section .21661.6 were applicable. The plan.shall show in detail any proposed new /extended runway uses proposed for the property to be acquired. The Newport Beach City Council shall conduct 'a noticed public hearing on the plan, and shall thereafter approve or disapprove the plan as if Public Utilities Code section 31661.6 were applicable. The County may, subject to compliance 3 Oct 20 2006 10:51AM HP LASERJET FAX p.7 with other legal requirements, proceed with the proposed acquisition only in the event of City Council approval. (3) The City will become a "consistent agency" for purposes of the AELUP and the City shall take the actions necessary to become a consistent agency within 12 months after the Effective Date. The City will - retain this consistent agency status through the term of this Agreement provided that the AELUP 65 CNEL contour is not the expanded in comparison to that which is in .the AELUP as of the Effective Date. (4) The City will not repeal /modify the SAHSAP without County consent. (5) City consent is not a precondition to County action necessary to comply with State and Federal laws. .(6) Both Parties agree that this Agreement has no impact on the JWA Settlement Agreement or the dutiestrights.of a party to that JWA Settlement Agreement. (7) The Parties agree that, where appropriate, they may, but are not obligated to, cooperate in the planning, design, funding and construction of circulation or other improvements in or immediately adjacent to the City that are intended to mitigate traffic impacts or promote compatibility between JWA and land uses in the vicinity of JWA. IV. TWO NEWPORT BAY STUDIES. A. Summary. The Parties agree to cooperatively develop. a Comprehensive Resource Management Plan ( "CRMP") for the educational, public access, and habitat of the Upper Newport Bay, including the Upper 4 Oct 20 2006 10:518M HP LRSERJET FRX Newport Bay Preserve ("Nature Preserve') and adjacent properties, including the Upper Newport Bay Ecological Reserve and City -owned properties adjacent to the Bay. The Parties also agree to conduct a study of Lower Newport Bay services .("Lower Bay Services Study "). B.. Funding. Funding for the two studies will come from the County and the City in direct proportion to the amount of land (including tidelands) that each entity administers. For example, the County owns approximately twenty percent (20 %) of the CRMP study area. Therefore, the County agrees to fund twenty percent (20%) of the CRMP, with the City or other partners funding the remaining-eighty percent (80 %) C. implementation of the Studies. The CRMP and Lower Bay Services Study would begin after the time that the County Executive Officer notifies the City that a current Strategic Plan for Harbors, Beaches, and . Parks countywide is complete. D. implementation of the Studies Recommendations. The Parties agree ,that, subsequent to completion of each study, they will engage in good faith discussions relative to implementing any study recommendations but final implementation shall be upon. the mutual consent of both parties. Adopted this day of 2006; by and between the County of Orange, the Orange County Development Agency, and the City of Newport Beach. Supervisor Bill .Campbell, Chairman 'Orange County Board of Supervisors Date 5 .6 Oct 20 2406 10:51AH HP LASERJET FAX Don Webb, Mayor Cfty of Newport. Beach Date Darlene J. Bloom Date Clerk of the Board LaVonne M. Harkless, City Clerk Date Ctty of Newport.Beach �• rr• P.9 41. w Exhibi JWA & Environs NO 8 ZmArm accurs_: IC a,q� 0 AVA Limit: 6as:ry� ,',' NA(Runv.ay'rotecbm:me) /`,' :rty 3oundary FROM : PHONE NO. : 775 749 5732 Oct. 24 2006 10:08RM P2 Council Members Newport Beach City Councii Newport Beach, CA Dear Council. Members: RECEIVED M OCT 2u Prt-56 C RCE OF T ;E CI- Y CLERK CITY CF ICE,? P0QT E`r' N Last Tuesday (October 17.20M ! afterded the Boatd meeting with the Irgent of making a BWMWM ex1311essing pilot concerns regarding the $afety of the existing 37170 foot runway at the John Wayne AlMort. llnfortun&Wy I cannot attend able Tuesday meeft (October 24� 2S7 I at which time the County -City of Wvpoft Beach Agrserwnt regarding the future of operations at JWA will be finalized, ThOrefore, I "MpecdW, request that my ShMM int be read Into the e rd louring public comments, To be& with: my name Is hill Brown, I am a resident of Newport Beach, and I am a retired Annwican Ah lkWa Captain. I began my airline career In 4984 flying Boeing nrs out of the Grange County Airport 1 am writing this for the berie t of the pilots and !hair passengers who use this airport, and the ressiderim who Iwo in the vl¢txu'ty of the ~ operraWn. noMMSM s; freeway. This eg.snslori would seme two purpose& Number one is the added safety the axtra length number two is #* beroW of a redwood nolse factimW for the communides south Zf ffm airport Thre ottrar day I was speaking to Captain Tom McBroft% a former Chief PIlnt and Director of flight Operations for AirCai, and Own Managing Director of TWAWACal Operations for American Airlines. Also, he was one of the des of the cwvwd motes abatement procedure in use today at the John Wayne Airport He staged that even dwugh the short 5700 foot ruanway at MA Is safe and meets the FAA approved performance criteria for tales -off and landings, it has a consideralft less margin of safety than that of an extended ninway. He mentioned that an extension of the 1911 runway would be a w ks- osier» a txratimr for pRots and the traveling public by providing bleat extra margin of saW the ruing of the rUnmy would oliar, and also for the airport nelphbors Is a foam of r*W from the present polo& lever that departing airplanes creme at this time by allowing the gihwait to Woff farther to #0 north tiers ley the aweralt would be higher over the area south of the airport and higher esters to gtiefer. u� f- z t20 FROM PHONE NO. : 775 749 5732 Oct. 24-2006 10:09RM P3 Of course there is a concern that a longer runway worms bring larger airplanes to the Orange County Airport. ie 787's. But by using a displaced landing threshold at the approach end of runway 19R and kxmmsft the landing distance by only a few hundred feet would riot increase the potential for live airlines to bring in larger airplanes to the airport. Also the larger wingspan of jet`s say the Boeing 787 - 20012GOER (ER standing for derided Ranger which is over 32 feet longer than the Boeing 757's which are prey the largest passenger airplane using the JWA terminal -would not be compatible with the existing terminal. Also, there arse the monitors that would continue to entom woke compliance of the aircraft departing the airport. There is one ether safety feature that should be considered before 1 close, and that would be the use of soft concrete at the departure (solttrean) end of runway 19R, and utilizing the southern portion of the safety area of that runway. Soft mate is a product that slowly collapses as the weight: of an airplane rolls over it, and enhances an aircraft's deceleration. Just a week or so ago a corporate Jet was spared severe damage when soft concrete slopped it as it was abort to overrun the end of a runway at the Burbank Airport. So in concussion, g passenger safely, and a better noke environment for the neighbors around the airport Is a goal of this commission then hopefully, you will take the tine to consider these items. Also V you have any questions please feel free to contact me at my e-mail address below. {Sincerely, Bill Brown Aircaslesol.corn ca Members, Orange County board of Supervisors Members, Newport Beach City Council FROM : PHONE NO. : 775 749 5732 Oct. 24 2006 10:08RM P1 RECEIVED 2@6 OCT 24 PH rt- GF R�c OF FACSIMILE TRANSMITTAL SHEET RAECRCLERK Tv n- r`�FVn,t -eA U.�Vii TO: FROM: + �►'+`� �-yC,trJet+r t'1a�m3f�5 'E3tt~�.3�a�.,+1 COMPANY: DATE: FAX NUMBER: TOTAL # OF PAGES: "1 `+4)j - �-N tf - �02 c7 PHONE NUMBER: RE: ❑ URGENT © FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: This mrassge is intended only fix the tese of the individual in rntity to which it is addressed and inlay contain infomsfifi n that is pwileged, axdxkntW and o pt finen disclosure under aMlimble law. If the rmacr is not the intmiled tvaipicat, do not dissemitmte, distabuw or copy tbis communication. 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