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HomeMy WebLinkAbout12 - John Wayne Airport EffortsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item 12 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 9491644 -3000 or hbludau @city.newport - beach.ca.us SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA AGREEING TO A FORMAL PARTNERSHIP REGARDING JOHN WAYNE AIRPORT EFFORTS ISSUE: Does the City Council want to ratify its previous action of approving the MOU with Costa Mesa? Approve the MOU. DISCUSSION: On September 30'0, the Newport Beach City Council met jointly with the Costa Mesa City Council in Costa Mesa for a special meeting. The meeting's purpose was two fold: 1) to listen to a presentation of the "Go Local" funded study results, and 2) to enter into an MOU regarding cooperative efforts to minimize current and future impacts of John Wayne Airport on our two communities. The MOU was unanimously approved by separate action of both City Councils; however, according to City Attorney Clauson there could be a legal issue as to whether our Council's vote was valid since it took place outside of the City's jurisdiction. In order to ensure this potential question is mute, the City Manager is bringing the same MOU with the same staff report and placing it on the Consent Calendar so the MOU can be adopted by our City Council in its jurisdiction. Aside from the minor wording changes made at the meeting, there are no changes in this MOU. 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). Approval of a Memorandum of Understanding (MOU) Between the City of Newport Beach and the City of Costa Mesa Agreeing to a Formal Partnership Regarding John Wayne Airport Efforts October 14, 2008 Page 2 Submitted by: oiw � Homer Bludau City Manager Attachments: MOU on John Wayne Airport between the City of Costa Mesa and the City of Newport Beach Special Joint City Council Meeting September 30, 2008 Staff Report 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: 3 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 E 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; 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 a 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. 2 I 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 ail 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 NEWP07T BEACH, Edward D. Selich, Mayor for the City of Newport Beach ATTEST: City Clerk for the City of Newport Beach CITY OF COSTA MESA, Eric R. Bever Mayor for the City of Costa Mesa ATTEST: Ci erk for the City of Costa Mesa 0 SPEC /AL JO /NT C/TY COUNCIL MEET ING AGENDA REPORT MEETING DATE: SEPTEMBER 30, 2008 SUBJECT: CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA AGREEING TO A FORMAL PARTNERSHIP REGARDING JOHN WAYNE AIRPORT EFFORTS DATE: SEPTEMBER 30, 2008 PRESENTATION BY: Newport Beach City Manager Homer Bludau Costa Mesa City Manager Allan L. Roeder RECOMMENDATION: Approve the MOU entering into the partnership BACKGROUND: The Orange County Airport, now John Wayne Airport, has a long history within the region. What started out as an airport serving rudimentary aircraft in the infancy of the air transportation industry has become the second largest airport in the Los Angeles region and currently serves approximately 10 million passengers annually. The transformation from what was chiefly an airport serving private aircraft to an airport which accommodates large and noisy commercial aircraft was highly traumatic for the residents of both Costa Mesa and Newport Beach. In many respects, the airport remains a major source of complaints regarding quality of life in our two communities. The City of Newport Beach, along with the Airport Working Group (AWG) and Stop Polluting our Newport (SPON), were parties to an agreement with Orange County in 1985 that settled a legal battle centered around Environmental Impact Statement (EIR) issues raised by the transition from private aircraft to commercial aircraft. That settlement agreement was historic in nature, as it placed limitations on the number of air passengers, the number of large and noisy commercial aircraft that can use the airport and the size of the passenger serving terminal. It further established strict noise limitations for all aircraft using the southerly take -off pattern over our two cities. The 20- year agreement was renegotiated in 2003 by the parties to the original agreement with modest increases in both passengers and large, noisy aircraft being authorized. The County's curfew for commercial operations, which limits times for take -offs and landings has been another crucial piece to keeping the airport respectful and compatible with our two communities. The Federal Airport Noise and Capacity Act (ANCA) prohibited such limitations from being placed on airports served by commercial jet aircraft as a matter of interstate commerce. Since the 1985 Settlement Agreement predated ANCA, the 2003 I Settlement Agreement was approved by the Federal Aviation Administration (FAA), due to the fact the agreement did not freeze airport capacity, but in fact, increased it. Discussion John Wayne Airport is a major US airport and along with the benefits it provides in terms of convenience, it also generates daily noise, traffic congestion and pollution that have significant impacts on our two communities. The impacts — both great and small — affect just about every aspect of our local environment in some fashion. John Wayne Airport needs to be placed in the context of Orange County being the fifth most populated county in the nation, with continued growth expected to place pressures on the airport to expand in size, operations and negative impacts. As aircraft technology advances, as pollution test equipment becomes more sophisticated, as the FAA attempts to restructure air routes on a nationwide basis and as our residents demand communities that are respected by John Wayne Airport operational decisions, airport and aviation issues will always be with us. Our communities need to be consistent and vigilant in addressing those impacts that could be detrimental to our respective communities, for we have everything in common in that regard. While not everyone will agree, we believe that the County of Orange has gone to great lengths to operate an airport that works to minimize airport impacts, and as a consequence should be seen as a partner for future work in that regard. Costa Mesa and Newport Beach have had many and varied cooperative efforts in regards to the airport over many years. Both cities are part of what is called "the Corridor Cities', composed of Newport Beach, Costa Mesa, Anaheim, Orange, Santa Ana and Tustin. These six cities are under the air corridor that arriving and out -bound flights utilize, and have much in common in terms of noise and pollution issues. All six City Councils in 2006 adopted "position statements' of guiding principles regarding our common goal of limiting JWA in size and scope. It clearly is in the best interest of the residents of these communities and others in Orange County to collaborate in this effort. In the present day setting of increased regionalization, individual jurisdictions will find it increasingly difficult to address such issues alone. The Go Local grant application that our two cities partnered in was the result of common interests regarding JWA. The study reflected JWA passenger profiles, likes and dislikes regarding air travel and in reaching trip origin sites. It provides a good picture of what issues are important to local air travelers in finding other airports that passengers can eventually be diverted to in order to ensure JWA does not expand in size and operations. This study partnership provides the ideal basis to take our two cities' cooperative efforts to the next level. The level being proposed is to enter into an MOU and establish mechanisms to ensure good communication and mutual cooperation in dealing with, and responding to, JWA issues that could impact our two communities. ANALYSIS: As noted in the preceding, the cities of Costa Mesa and Newport Beach have cooperated on aviation issues on an ad hoc basis for sometime. What is proposed for consideration is the formalization of this relationship by way of a Memorandum of Understanding (MOU). The MOU provides a framework upon which the two cities can 7 \b ko t build in terms of information sharing; establishing and maintaining regular dialogue between the two communities on aviation matters; sharing of costs and responsibilities for needed studies, consulting services and other expenses as well as outreach to the Corridor Cities and other aviation impacted communities in Orange County. As an MOU, what this represents is a "statement of good faith and cooperation" as opposed to an agreement that spells out in great detail the legally binding obligations of both parties. The MOU is attached hereto as Exhibit A. The following is a brief summary of the key elements of the MOU: • Sets forth the common interests of both communities in limiting the current and future impacts of John Wayne Airport (JWA) • Formalizes the working relationship on aviation issues • Provides a seat for Costa Mesa at Newport Beach's monthly Citizens Aviation Committee meetings • Encourages a joint meeting of both City Councils, residents, technical staff and consultants at least annually to assess progress and identify strategies to be undertaken in the future • Expands on the existing, informal working relationship between respective staff as it pertains to information sharing, coordination of responses to regional, State and Federal regulatory actions, working with the management of JWA and related actions by meeting at least monthly. • Supports formalization of the Corridor Cities relationship by extending the terms & provisions of this MOU to those cities • Calls for the establishment of a mechanism for joint financing of cooperative efforts between the two cities • Consolidates all of the goals for limiting the impact of JWA operations in one document • Provides for termination of the MOU by either party without cause with 30 day written notice In sum, the MOU is a statement of a voluntary commitment to work together on the aviation issues so vital to both communities. The value of the MOU is not in it's wording but in the strength of the commitment behind it. CONCLUSION: The subject of a proposed MOU or similar agreement has been discussed informally between and among elected and appointed officials for sometime. The basis for the MOU before you was prepared by Tom Edwards, Esq., who was involved in negotiating the 1985 Settlement Agreement and is currently a consultant to Newport Beach on JWA issues. It has been reviewed and concurred on by the City Managers and City Attorneys for both Newport Beach and Costa Mesa. Exhibit A: MOU Between Newport Beach & Costa Mesa - John Wayne Airport 3 tl d Exhibit A 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 day of 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, to a lesser extent, 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: la 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, to a lesser extent, other local, State and Federal representatives and officials; and the opinions and concems 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 13 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. e A 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. m ks 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. is L Exhibit A IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS MEMORANDUM OF UNDERSTANDING TO BE EXECUTED THE DATE FIRST ABOVE WRITTEN. CITY OF NEWPORT BEACH, Edward D. Selich, Mayor for the City of Newport Beach ATTEST: City Clerk for the City of Newport Beach CITY OF COSTA MESA, Eric R. Bever Mayor for the City of Costa Mesa ATTEST: City Clerk for the City of Costa Mesa 1-1 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 day of 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: \S 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. 19 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; 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 (WOU ") 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. a-1 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. a� IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS MEMORANDUM OF UNDERSTANDING TO BE EXECUTED THE DATE FIRST ABOVE WRITTEN. CITY OF NEWPORT BEACH, Edward D. Selich, Mayor for the City of Newport Beach ATTEST: City Clerk for the City of Newport Beach �3