HomeMy WebLinkAbout21 EXT J.W. AIRPORT AG 02-05-01 NO. 21
, AGENDA RF ORT ....
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MEETING DATE:' FEBRUARY 5, 2001
TO'
FROM'
SUBJECT:
WILLIAM HUSTON, CiTY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
EXTENSION OF THE JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT
II III I I II II II I I I
SUMMARY: The current Settlement Agreement between the City of Newport Beach and
the Orange County Board of Supervisors which outlines flight operation capacity and
curfew for flights before 7:00 a.m. and after 10:00 p.m. is set to expire on December 31,
2005. The City of Newport Beach wishes to extend the Settlement Agreement for an
additional twenty (20) years. If the City of Tustin wishes to support the efforts by the City
of Newport Beach and the Orange County Board of Supervisors to evaluate a possible
extension of the current Settlement Agreement, adoption of a resolution would be
appropriate.
RECOMMENDATION
That the City Council adopt Resolution No. 01-08 supporting the City of Newport Beach's
efforts with the County of Orange to extend the John Wayne Airport Settlement Agreement
for a period of twenty (20) years and to duly consider impacts of the extension on
communities within the John Wayne Airport corridor; or, take other action as deemed
appropriate.
FISCAL IMPACT
Them are no direct fiscal impacts resulting from the adoption of a resolution to support
efforts to extend the existing Settlement Agreement.
DISCUSSION
In 1985 the City of Newport Beach and the Orange County Board of Supervisors entered
into a Settlement Agreement regarding John Wayne Airport limitation on flights, operation
capacity, and noise curfew. The Settlement Agreement was valid for twenty (20) years
and'will expire on December 31, 2005. The City of Newport Beach is negotiating with the
Orange County Board of Supervisors to extend the Settlement Agreement for another
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twenty (20) years.
The extension would include the following proposed amendments:
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Extend the term for a period of twenty years with December 31, 2025 designated as
the new expiration date.
City Council Report
JWA Curfew Extension
February 5, 2001
Page 2
2. Authorize UPS and FedEx to each operate one Class "A" aircraft two hundred seventy-
five (275) times per year subject to the same provisions found in the current interim
stipulations signed by Settling parties.
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Modify the noise thresholds for various classes of aircraft to reflect the limits approved
pursuant to the stipulations signed previously by the settling parties.
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Modify certain provision related to the amount of space that is subject to commercial
leases or license consistent with action of the City of Newport Beach, Stop Polluting
Our Newport (SPON) and Airport Working GroUp of Orange County (AWG).
5. Modify certain provisions of the Agreement to reflect actions that have been fully or
partially implemented such as construction of terminal.
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The City of Newpor[ Beach has indicated that cities within the JWA corridor would be
invited to participate in the discussion on the proposed extension and will be informed with
issues that may impact cities located within the corridor.
The City of Newport Beach has indicated that the City of Costa Mesa and the City of Santa
Ana have submitted their supports for the proposed extension. The City of Newport Beach
wishes to obtain supports from other cities that may be impacted by the John Wayne
Airport operation.
Although the noise generated from John Wayne airport is generally below the accepted
Community Noise Equivalent Level (CNEL), the noise produced does impact Tustin
residents due to repetitive occurrence. The proposed extension provides minor changes
to the current Agreement and still maintains the level of curfew before 7:00 a.m. and after
10:00 p.m. As such, consistent with policy nos. 1.3 and 1.4 of the Noise Element of the
General Plan (See Attachment 3), staff recommends t'hat the City Council support the
efforts of the City of Newport Beach to extend of the Settlement Agreement.
Jus~na Wiilkom
Associate Planner
Community Development Director
Attachment:
1. Resolution No. 01-08.
2. Settlement Agreement dated November 18, 1985.
3. Noise Element Goals and Policies.
4. City of Newport Beach Resolution No. 2000-76. ·
S:\CDD\CCREPOR'RJWA curfew extension.doc
Attachment
Resolution No. 01-08
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RESOLUTION NO. 01-08
A RESOLUTION .OF THE CITY COUNCIL OF THE
CITY OF TUSTIN EXPRESSING THE CITY'S
CONCERNS REGARDING AIRPLANE NOISE AT
JOHN WAYNE AIRPORT AND SUPPORTING THE
EFFORTS OF THE ORANGE COUNTY BOARD OF
SUPERVISORS AND THE CITY OF NEWPORT
BEACH TO EVALUATE A POSSIBLE EXTENSION
OF THE CURRENT JOHN WAYNE AIRPORT
SETTLEMENT AGREEMENT.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the City of Tustin is committed to ensuring the quality of life of
its residents and providing for the safety of its community; and,
and,
WHEREAS, noise pollution is a safety concern to the residents of Tustin;
WHEREAS, noise from jet airplanes departing and landing at John Wayne
Airport may impact residents within the airport flying path; and,
WHEREAS, the noise impacts have been abated through the existing
John Wayne Airport Settlement Agreement by restricting departure and arrival
flight times; and,
WHEREAS, the existing John Wayne Settlement Agreement is set to
expire on December 31,2005; and,
WHEREAS, the City of Newport Beach, as a signatory to the existing John
Wayne Airport Settlement Agreement, has formally taken action to request the
County of Orange support a process to evaluate the impacts of an extension of
the John Wayne Airport Settlement Agreement for a period of 20 years.
NOW, THERFORE, BE IT RESOLVED, that the City Council of the City of
Tustin supports the effort by the City of Newport Beach and the County of
Orange to evaluate an extension of the John Wayne Airport Settlement
Agreement for a period of 20 years and to duly consider impacts of the extension
on communities within the John Wayne Airport corridor.
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Resolution No. 01-~
Page 2 of 2
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 5th day of February, 2001.
Tracy Wills Worley
Mayor
Pamela Stoker
City Clerk
Attachment 2
Settlement Agreement dated November 18,1985
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LJ i !"','" H i ~ Or.:t-.l~- S OFF I CE
ONITED STATES DISTRICT COORT
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CENTRAL DISTRICT OP CALIPORMiA
Plaintiff,
14 AIR CALIFORNIA, et al.,
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Count e£c1 aim&n~,
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20 COUNTY OF O.RANG~:' OKA~G£ COUNTY
BOARD OF SUP£RVI~ORS; and DOES 1
21 through 1,000, Inclusive,
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AND RELATED ACTIONS )
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STIPULATION FOR ENTRY O~' FI£{AL JUDGMENT
B~ CERTAII4 SETTUlNG PARTIES
JAN-23-~001 14'40
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CITY ATTORNEY' S oFF'IC~''
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1- The County of Orange ("County") , ~he C~ty of
Nmwpo~ Beach ("citY"), Stop Polluting our Newport ("SPON") , and
t-he Airport Working Group of Ormnge County, Inc. ("AWG") (herein-
after collective referr=d :o as "the settling par~.ies,,), by ~heir
respective counsel of record, enter into ~his stipules, ion to
implement t_he met=lemen~ of the longstanding dispute be=?~een t~he
me==ling parties ¢oncer~ing ~he development and operation of John
Wayne Airport ("tWA"). The Judgment to be entered pursuant to
~him m~iDulation would (1) adjudicate tha'~ EIR 508/EIS im legally
adequate for the "EIR 508/EI$ Project"' (as that term is hereaf%ar
defined) under t~e California Environmental Quality A:~, the
Na:ionai Environme'n~al Policy Act, and all r'elevan~ sta~a and
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federal implementing regulations; and (2) provide for enforcement
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~£ certain specific as~ect~ of 'the se:'.leman~ agreement of the
par~ies in respect of, or related to the controversies among r~hem
regarding the deve'loDment and operation of JWA (and agreed upon
limitations regarding such development and operation) through
year 2005.
2. The comDromi~e se=tlen~en= reached by the
parties raflect~, under all of the ¢ircum-~ances, t~e individual
Judgments of the settling par=les r~garding an appropriate or
accmDtable balance between d~man~ for air travel ~ervices in
Ormnge County and any adverse environmental effect$ associated
with the operation of ~rWA. Recognizing that CrWA is incapable of
satisfying the demand for air ~ravel in Orange County, this
settlement i~ also ~esigned to permi~ ~tudie~ regarding t_he
949 6J4 3159 P. C~4.."24
possible ~re development of an,, ~itional airpor~ to serve
Orange county. The settling par~ie$ ac'R~now!edge t~.ha~, without
thim se~:lement and Judgment, protracted litigation would
continue and create a continuin~ risk bo~h of impeding or
· preventin~ T/lc Co%lnty'~ development of JWA, and its ability to
create additional acce~ opportunities for c~mmercial oper~tor~
desiring to use JWA.
9 3. O~ha= provisions of ~he settling panics' agree-
10 merit will not ~e embodied in the Judgment. Those provisions
11 ihclude ~ho ac=ions undertaken by =he. Coun=y in connection
1~ the adoption o~ Re~olu~ion Nos. 85-1231, 85-1232 and 85-1233
15 concerning cer-~ifiCation of ~IR. $05, adoption of additional
14 mitigation measures, and additional airDor~ si~a studies in
lfi Orange County, and the par%ies'"dismissal of or~her litigation
1~ concerning JWA. These provi$ion~ al~o include a re~olu~ion of
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17 =he City of Newport Beach (Resolution 85-67). The par=ia~ .
18 acknowledge that each of ~he unde=~akings in the referenced
19 re~olu~ions represent a material part of the considera:ion
~0 per=a//~ing t~ this settlement.
se~,_ing = ....
4. In reaching t~i~ settlement, the '~" - -~-' ~ es
have considered operational and other factors applicable =o John
Wayne A£r~or= which may not be applicable to any other airport.
This stipulation is site specific to JWA, premised upon its
unique history, operational characteristics and limitations, and
shall no= be deemed applicable ~o any other airport.
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No% al! 'o:~ :Ac part"~=m to this litigation have
a~reed to =he te.-uum of %/%im settlement. Pur~ua~~. to Rule 54(b)
of ~he Federal Rules of Civil Procedure, the judgment to be
entered pursuant ~o this $~ipulation is a final judgment only as
to =he claims between the settling .parties.
6. This s~ipula:ion and judgment is not intended to,
and shall not, create any rights in favor of any persons o~her
=han'~he settling parries.
Ii. D~FT,,NIT~OWS
For purposes of this Stipulation and Judgment, the terms
below are defined as follows'
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7. "ADD" means "ave-rage daily deparUure," Wkich is
computed on an annual basis, from April 1 o~ eec.% year to March
31 of the followin~ year ("the P~an Year"). one ADD 'is equal to
365 departures by Claes A or class AA aircraf= during each
Plan Year (or 36~ ~partures in any "leap year"), subject to any
adjustments which may result from ~he implementation or enforce-
merit of any County regulation for JWA or this Judqment (except
that ~o ADD shall consist of more departures in a Plan Year
there are days in ~hat year). "ADD" includes all C~ass A or
Cla~s AA ~epar~ur~, except emergency or mercy fligk~s, depar-
=utes resulting from mechanical failures, emergency or '~e.ather
~iversion~ ~o ~WA necessary to repetition an aircraft in*.o i~
normal scheduling ro~ation, the repositioning of aircraft
another airport in connect.ion with a published change in the
previous .... ~:edule of opera~ions of _~e airline, ~es~ or demon-
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s=ra=ion flights authorized in advance by the airport manager, ur
char~er flights by persons not engaged in regularly scheduled
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commercial service at JWA.
"Class A ~ ~ ·
· A..craf~,'' means aircraft which
(a) are used in regularly scheduled commercial
service at JWA: and
(b) generate actual energy average SENEL levels,
averaged during each Noise Compliance Period, a~ measured at r. he
Cfi=etlon Monitoring S=a=ions, which are nu~ greater =hah the
following values-
MI: 98.5 dB SENKL
M6: 100.0 dB SENEL
~7: 100.0 dB SEFEL
In de=e=mining whether, an aircraft is a Class A
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aircraft, its noise performance a= the Criterion Noise Monitoring
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Sta=ions shall be ~=mrmined a= each individual ~ta=ion. An
aircraft must mee= each of the m~ni=oring station cri=eria,
"in order ~o qualify a~ a Class A
wi~hou= ',trade-offs,
The existing Depa~urm Noise Monitoring. Stations w~ll b~ kept in
opera=ion and in good repair during the Project Period, and
tes~ ~rocedures for determination of Class A, Class AA, and
Exempt Air=raft shall be no le~ s~ringen~ than =.~.ose provided
for in =he ¢oun=y's commercial airline access plan in effect
on Augus~ 1, 1985. During the' Proje¢: Period, quarterly noise
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reDor~z an. ='!1 te-~t data concerni'n~ "aircraft claasification
q~&lificm:imn ~.as:s a'~ JWA shall b~ pr--pared and maintained as
9. "CI&m~ AA Aircraft" means aircraft, other .~an
~xemp= Air=rtl=, which:
.(a) are used in regularly scheduled commercial
service a= JWA; and
(b) generate actual energy averaged SENEL levels,
averaged during eac~ Noise Compliance Period, which are nc=
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q=ea=ar ~an 89.5 ~B $£NEL at a_nx Departure Noise MoniUoring
Station.
In determining whether an aircraft is a Class AA
its noise performance at the Departure ~oise Moni
Stations shall be determined at each individual station. An
aircraft must meet each of t. he Departure Noise Monitoring Station
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criteria without "~made-offs,
aircraft.
10. "Commercial 'Air Carrier" means any person which
operate~ reqularly scheduled commercial ~ervice into an~ ou= of
~WA for the purpose of carrying passengers or freight, or ~or any
other re~u!arly scheduled commercial purpose.
11. ,Commuter Air daffier" means any person which
regularly scheduled commercial service in~o and ou~ of
JWA for the purpose of carrying passengers or freight, or for any.
'o~he= =.egularly scheduled ~ommer=ial purpose, wi~h aircr~f~
C ! TY ATTORNEY: S OFF I CE 949 6.44 313'-'9 P..Fd8..."24
which, u~nd, .~he definitions and lim~ ..... ion~ of this stipulation
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and Judgment, d~ not require an allocation of ADD~ for ~heir
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operation at J'~A (~i. ~., "Exempt Air=faf%").
12. "Criterion Noise Monitoring Stations" means
noize moni=oring sis=ions of *,he JWA noise monitoring
~he location of monitoring stations M6, M? and M1 as of August 1,
1985.
13. "Departure Lounge Holding Area" means interior
square foe=age adjacent Co an air carrier or commuter gata within
a "secure holding area" that is designed to be used aa a seating
lounge or wai=ing area in connection with arriving and deparUing
flights. "Departure Lounge Holding Area" does not mean, for
purposes of this stipulation and Judgment, any common passage
areas in a secure holding area intended to allow the public
achieve access to ~ Departure Lounge Holding Area, or any other
public sDace in a secure holding area which is devotad =o public
than a seating lounge or waiting area.
14. "Departure Noise Monitoring Stations" means those
noise monitoring stations of the JWA noise monitoring system at
~_he 10ca=ion of JWA monitoring ~ation~ M6, MT, M1, M2, H3 and M8
as of Auq~s= 1, 1985.
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· . 15. "EIR 508/EIS Project" means that cer--ain "p. roj e¢~"
including ~ela~ed plans for developmen:, a¢~ivi~ie~ and o~her
rela~ed elemen~ and app=oval~ which are collectively defined and
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949 644 ~139 P.E~9 ..... 24
County EIR 508, Board ~f Supe.--visorm' Resolutions
85-255 :brough 85-258 and the related resolutions @5-259 and
85.-2 60, all adop=ed on Yeb,~/&ry 26, 1985, Board of SuDe.--vi~or$'
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Reso!u=ion 85-357 (Har¢~ 20, 1985), and Board of Supe~visors'
Resolutions 85-1231 through 85-1233. I~ also inc!ude~ all
processing and aDDrovals, and contemplated activitie~ considered
by the Federal Aviation Administration in its consideration and
approval of the' ~IR 508 documents=ion as an Environmental
$.=atemen= predated, circulated, considered and approved under the
National Envirunmen=al Policy Act. The =ers also includes the
tm.-ms of this stipule=ion and the Stipulated Judqmant..
16. "Exempt Aircraft" means any .aircraft used i-
regularly scheduled, commercial se=vice a= jWA which, when
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measured by actual energy averaged SENEL level~ during any
Noise comDliance Period, does no~ ~xceed 86.0 dB SENEL on
depazH:ure at any of: the Depa~ure Monitoring Statio'n-~.
17. "HAP" means million a~ual passengers, cons is%lng
of =he sLu: of actual deplaning and enplaning passengers served by
all commercial an~ Commuter Air Carriers a~ JWA during each Plan
1S. "Noise Compliance Period" means each calendar
quarter during =he Project Period.
I9. "Phase I" means the period from February 26, 1985,
to the date on w~ich Phase II 'begins.
JAN-23-2001 i~' 43
CITY ATTORNEY'S OFFICE 949 644 E1~9 P.10/24
........ "Phase II" means tl~e ~ _iod ~ha~ begins on April
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1, 1990, or =he ~ate on which. ~he County records a 'notice of
comple~ion on :bm new =ommercial passenger tarminal, whichever is
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la, er, an~ ends ~n December 31, 2.005.
~1. "Plan Year" means eac~ period during the Project'
Period, from AD=il 1 of one year to March 31 of =he folio~ing
22. "Proje¢= Period" means the ~erio~ from February
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2~, 19a5 t.o December 31, 2005. ~
23 "Regulated ADDs" means average da'ily de --
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during a Plan Year by Class A and Class AA aircraft opera=ed by
Commercial Aim Carriers.
III. STIP~I0~
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In r~cogniti~n and con~idera~ion cf ~e foregoing recitals
and 'def~t=ions, ~e set~inq pa~ies stipulate to the
Jud~en~ ~a~ contains ~e te~~ ~:ata~ below.
A. Ade~c¥ ._ of .EIR_
24. Judgmen~ may be entered' by the court on the
County'~ Fi=s~ Amended Com~lai~ for Declaratory and Injunctive
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Relief, and ~he Counterclaims of the City, SPON, and AWG,
adjudicating ~ha: EIR 508/EI$ is legaliy adeq~/ate and completa
under the California Environmental Qualiuy Act ("CEQA") (Cal. i-
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C I TY ATTORNEY: S OFF I CE
fornia Public Resources Code Section 21000 et ~e_9~.), the State
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C~_QA Guidelines (~4 C&l.Admin. Code Section 15000
National Environmental Policy Ac= ("NEPA") (42 U.$.C. Section
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432~ e_~ ~__9.~-) and all relev~n~ ~eder~l im~lemen:ing regula~i0ns
wi~h respect to the EIR 508/EIS Project, including0 bu~ not
limi.=ed to, implementation of the physical facilities improve-
merits, airport, layout plan, land use plans, and aircraft operat-
ions and MAP levels permit=ed bY the project. To %he extent that
the County's First Amended. Complain=, o= ~he counterclaims in
.this action by the City, SPON and the AWG, raise any con=rove:-
sies. other ~han the adequacy of £IR 508/EI$ under tl%e provision=
of CEQA, NEPA and all relevant implementing regulations, such
cla~$ and controversies shall be dismissed withou= prejudice.
25. Each settling party shall bear its own costs and
a~%orneys' fees in connection with ~his litigation.
. B. Fli~ht__andJSAP Limits.
26. During Phase I, there shall be a maximum of 55
ADDs by Class A and Class AA aircraft (regardless of whether or
no~ ~he county has specifically allocated any such ADDs to any
Co=inertial Air Carrier). No aircraft generating noise levels
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grea~er t~han %ha~ permitted ~or Class A aircraft shall be permit-
ted to engage in regularly scheduled commercial service at JWA.
Of the 55 ADD~ permitted du~ing-Pha~e I, no more than 39 ADDs may
be by Clams A aircraft.
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JAN-2J-2001 1-~'-~J CIT"/ ATTORNEY:S OFFICE g'~ 6.~-~ 515~ e' i"' .... ,.4
1 27.. During Phase I, 07~A -~ha~ ~erve no more than 4.75
~ MAP ~uring any Plan Year.
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4 28. During Phase ~I, t_~ere ~hall be a maximu/: of 73
§ ADDs by Class A and cla~ AA aircraft (r~gardless .of whether or
6 no= ~he County ha~ specifically allocated .any ~uch ADDs to any.
? Commercial Air Carrier). No aircraft generating'noise levels
~ greater than the= permitted f~= Class A aircraft shall be Permi',-
9 =ed ~o engage in reqularly scheduled commercial service a= JWA.
10 O~ =he 73 ADDs perm£~ed ~uring Phase II, n~ m~re than ~9 ADDs
11 may be by Class A aircraft.
1~ ' 29' During Phase II, JWA shall serve no more than S. 4
14 HAP during any P1 an Year.
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1~ C. Fac_ilitie=
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18 30. Paragraphs 31 t~-ough 35, below, contain agree-
19 ments of the County on the maximnm permissible' size of certain
~0 facilitie~ improvements related ~o the proposed commercial
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passenger terminal to be developed as par= of the EIR ~OS/EI$
Project (and reducing =he capacity of cer=ain
facilities) the= can be made a= JWA through =he end of Pha~e
II.
31. During =he Proje¢= Period, John Wayne Airport
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shall h~ve a ~omme~¢ial ~assenge= terminal with a maximum
interior floor space consis~ing ~f areas which are lea~eabla to
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jw~4-_~'j-P3du1 1'4"44 CITY ATTORNEY'~S OFFICE 9-49 64~ 3139 P 1
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no~ more ~han 271,000 square feet. This in~erior floor space
5 re.s~riction does not include, and does no% aPP!y to space
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4 utilized for airpo.--= administration areas, "mechanical~electrical
" "structural areas, or terminal curb areas." The total
5 areas, ,, -
6 terminal size, including ~he "mechanical/elec=rical areas" and
? "structural areas" bo= excluding any "terminal cur~ area," may
not exceed 337,900 square feet.
10 32. During Phase II, no building at u~A, other t~kan
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11 the c~mmercial Dassenger terminal, or ~uildings leased to Fixed
1~ Based Operators with limited com~uter opera=ion=, ~hal!-be used
15 by Commercial or Commuter Air Carrier~ for pas=enger or cargo
14 handling ac=ivi=ie~.
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16 33'. Any Departure Lounge Holding Area designed
17 serve a loading ~ridge in th.e terminal shall, be designed for
18 use' in conne¢=ion with only one loading bridge. Each such
19 Departure Lounge Holding Area shall have a physical separation
~0 from any other such Depa~ure Lounge Holding Area with a perman-
~1 ent fix%ute barrier not less than ~6 inches high. The commercial
~ passenger =erminal shall contain a max~m~um of 37,000 interior
~5 square fee= for all Departure 'Lounge Holding Area~.
34. There may be a maximum of fourteen (14) loading
bridges, of which no more than. nine (9) may be sized for aircraft
as large ag the Boeing-767. The remaining five (5) loading
~ridqes ~hall be designed fo~ aircraf~ no larger ~han the Boeing
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c i T'-,' ATTORNE',": S OFF I CE
949 644 3139 P. 14.724
?BT =i=¢=~._~." ~ach loading bridge m~ ~erve no morro than one
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time.
35. T~ere may be a maximum of 8,400 parking spaces,
no= including spaces contained in the existing Nor~h Clear Zone
Parking Facility. The terminal parking structure may have no
more =~an four l evel~. Sp~ce devoted =o parking may no= be
conve~ed '~o o~2~er terminal uses.
D. o=her__S~._iDu!a~ed _P_~pvision~_
36. honsistent with its existing or =o be assumed
obliga=ion~ under contractual agreements with the Uni'=ed
o~ America under provisions of the Airport and Airway Develop-
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men~' A¢~ of 1970 (as amended) (former 49 U.S.C. Section 1701
~ea.) or the AirDor= and Airway Improvement Act of 1982 (49
U.S.C. Section 220'1 .e...t se=.), =he County shall establish and
maintain a rate and fee structure which will ensure that the
operation o.f JWA will be self-supporting during the Project
Period. EXcept for short-term borrowing in order to alleviate
temporary cash flow problems, .or other emergency needs, the
Coun=y will not use its general funds to subsidize directly t~he
construe=ion or routine operation of JWA. (This limitation
recognizes ~hat in %he ordinary cour-~e of the County's business,
c~r~ain County s=aff and per=onnel engage in activities suppor-~ad
by general funds which may ind£rec=ly relate to the operation of
JWA.' I= is no= the purpose-or effect of =his stipulation to
preclude =he County from continuing such general fund suppor-.ed
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JAN-2j-2001 14'44 bITY ATTORNEY'S OFFICE 949 64~ 31~q P 14
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1 activities which ara incidental to ~he routine operation cf 'abe
2 airport.) Nothing in this paragraph, or ~his stipulation,
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3 in:ended ~o, nor shall it be construed as, making the se~'~!ing
4 par~ies ('~ther than the County) , or any other pe~$on, par-~'.' es
~ :~, or ~hird party beneficiaries of, ~ny c~nt~c'~ual a~reement$
6 ~etween ~he County, as airport proprietor of JWA, and the United
7 $~a*,e~ o~ A~erica (or any of its agencieg) .
9 37. 'The exis=ing curfew regula=ions and hours for
.
10 ¢on:ained in County 0rdinance 3505, and ~he provisions of
8~.0 db .$F~NE~, shal~ remain in eff~c~ ~uring ~e ?r~jec-~ Period;
exce_u: ~ha~ the County' shall retain i~s ~ull discretion to ext=-~
16 prevent~ the JWA Airpor: Manager, his designated, representative,
·
o~ ~me o%h'er person designa~e~ by ~e B~ard of Supervisors
lS exer=i~ing reasonable discre:ion in authorizing a regularly
19 ~c~e~u~e~ commercial departure ~r ~an~£n~ ~urin~ ~he curfew h~ur~
~0 ~here: (1) such arrival or departure was ~cheduled to occur
~1 outside of the curfew hours; and (2) the arriv~i or departure ha~
g~ been delayed because of mechanical 9roblems, weather or air
~ ~ra~fi= control delays, or 0t~,er reasons beyond the control of
24 ~he commercial operator. In addition, this 'paragraph does
~S prohi~i~ authorization of ~ _f~de emergency or mercy fligh'~s
~6 durinq the curfew hour~ by aircraf~ which would o~h~r~i~e De
27 regula=ed by the curfew provision_~ and limita=ions.
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C I T'," ATTORI-.,IE",": S OFF I CE
9~9 6~ ~i39 P. 16.--"24
38. In mitigation o-f the -~iR 508/E!S Project, and for
other reasons, the County has adopted a "General Aviation Noise
ordinance" ("GANO") (County Ordinance 3505). The principal
policy obje¢:ive .of the GANO is to exclude from operations a~
general aviation aircraft which gener==e noise levels greater
than the noise-levels permitted for aircraft used by Commercial
Air Carriers. During the Projec~ Period, the County shall
maintain in effe¢: 'an ordinance whic,h mee~s this basic pc!icy
·
·
objec-,ive. Nothin~ in this stipulation pre¢lude~ ~he County from
amending ~e GANO to enhance or facil£~ate it~ reasonable
achievement of its principal purpose, or ~e effective enforce-
men~ of i:s ~rovi~ions.
39. During the Project Period, the City, SPON, AWG,
their agen~, a~orney$, officers, elected officials and employ-
ee$ agree ~2~a= they will not challenge, impede or contas=, by or
.
in c~nne¢~ion with litigation, or any adjudicatory administrative
proceedingm, or other .action, =he funding, implementation or
~pera:ion ~f ~e EIR 505/EI$ P~ojec~ by t. he County and t_he United
States; nor will they urge other persons to do so, or cocuer.~te
--
in any su¢~ efforts 'by other par~ies except as may ~e expressly
required by law. No~hing in this paragraph prohibits the
se=~ling parties from submitting com~en~s or presenting testimony
upon any fu:urm environmental documentation which may be prepared
by the coun=y; or from challenging any project which is no= Dart
of the EIR $08/EIS Project.
14
..TRI'-4-2~-261611 14' 45
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,31T",'" ATTORI'.,IE","' S OFF I CE
949 644 313q P 1'"" '~
40. The Soard of SuPervisors shall not arbitrar'ly
withhold approval, endorgement ~r support of any application by a
qualified en~i~y or consortium of entities submi~-.ad 9ursuan~ to
Board of Supervisor'z Resolution 85-1231 which seeks a reasonable
level of ~=ate or federal f~/~ding for a study or studies concern-
-ing a site for an addi=ional airport to supplement /WA.
41 During =he Pro~ec~ Period the City agrees
will, at its expense, actively join the County in defending, in
any pending or future litigation, the EIR 508/EIS
C0un~y's =egulaeions or actions in imp!e~en~a~ion of, or ~nforc-
Lng limitations upon, the project.
·
42. It is specifically .acknowledged by the pa.~ies
tha~ the County haz rmceived a request by PSA to ~pera~ exemp~
aircraft in r~qularly scheduled service at JWA, and may receive
other ~uch 'r~_qu~ts in the future. The County in~en~-~ in ~he
near futur~ to ~evel~p amendments to its existing acce~-~ plan or
other airport regulations ~o provide for a mean~
·
·
exempt aircraft operating opportunities wi=bin =he ~1~ l~vel
agree~ to in this stipula.~ion. The developmen~ an~ implemen:a-
~ion of such regula:ory mec~anism~ is expr'e~ly ac~owledged to
be an element of %h~ implementation of the EIR 508/EIS Project,
. .
and no additional or fu~er environmental documentation under
CEQA or NEPA shall be necessary to allow the County to develop
and p=oce~ such regulations and applications.
·
· · ·
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C ] T"," ATTORI'~E"," S OFF I CE
949 64-4 .?,i~9 P. 18..-"24
43. Any no~ices given under ~his s~ipulation shall be
&ddremmed ~co %he par~ies as follows'
. FOR_ T~.~ covNT_Y'
Adrian Kuyper, County Counsel
Office of the Coun=y Counsel
10 Civic Center Plaza
P.O. ~ox 1379
Sarma Aha, California 92702
.copy =~:
Michael S¢~== .Ga=zke
Ga=zke, Lodge & Mispagel
2890 Plo Plco
P.O. Box 153~
Carl~bad, California, 92008
FOR TKE_ .CITY:
City Manager
city of Newport Beach
3300 Newpoz~a Beach Blvd.
P.O. Box 1768
Ne~p. or~ Beach, California 9D658-8915
wi~h a cody to-
Pierce o 'Donnei1
O'Durunell & Gor~on
619 South olive, Ste. 300
· Los Angeles, California 90014
FOR. S PON .AND ....AwG:
E. Clement Shute, Jr.
· Sbu=e, Mihaly & Weinberger
396 Hayes Street
San Francisco, California 94102
At any time, any party may change the per=on designated to
receive no=ices under t. his z=ipula:ion by giving writ=eh no=ice
of ~uch change to the other par~ies.
16
C I T';" ATTORNEY: S OFF I CE
.
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949 6-44 313q P. 19<'.=.4
44. The stipulations in =he o~her pending sta~e and
federal litigation mat=era pendinq among the set=ling p=~
.
shall not be filed un=il =he entry of. the Stipule=ed Judgment
authorized by ~hiz
45. If a diapute arises concerning interpretation
of, :r & ~e:-,lin~ ~arty's compliance wi~n, ~is Judgment, and if
no exigen~ circumm:ance$ require ~ediate court proceedings, any
settling party raising such issue of interpretation or compliance
~kall provide written notice of suc~ di~uta ~o ~he other
settlin~ par=les., within t~enty-one (21) dayg :f :he sendin~ of
suc~ notice, *,he partie~ shall see: in Person (or by t'neir
aur-horize~ rep:e~en:atives) and a~empt in ~ood faith to resolve
' the d£spu~e. ..
46. If any such dispute has no= been resolved within
thirty-five ($5) ~ay~ of the sendin~ of W~itten notice, or
if exigen: ¢ircums:ances :equirs immedia~e court proceedings, any
..
.. ....
- . ,.
action. A se=fling party seeking to. compel another settling
party t~ o~$¥ *~he Judq~ent mu~t file a Mo~ion ~o Enforce Judg-
ment. The se~l£n~ Dar~ie$ a~ree not to r~sort ~o, request, or
initiate proceedings involving the contemp: powers of the, Cou~
in connection wit21 a Motion to Enforce Judgment..
4?. If the Court determines tha~ a party is
c~mplyin~ with the Judgment, t~e Court s~all issue an order, in
.
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C I T"~" ATTORNEY' S OFF I CE
94c~ E,.~4 ,.%1,.%_q P ~0.-'~4
nature of specific performance of =he Stipulated Ju.dgmen=,
requiring the defaulting party to comply with t~e Judgment
wi=bin a reasonable period of time. If ~he defauI~ing p.ar=~¥
thereaf~e.- fa£1~ to comply with such an orde=, ~he ~ther set~!ing
par~ies may =hen ~eek enforcement under any authorized processes
of the Court.
V. TERM OF AGREEMENT
45. T~is stipule=ion is contingent upon ~he Cou~'~
entry of r, he Judgmen= pursuant ~-o t2%is stipulation ("the S~ipul-
atari Judgment"). If the Stipulated Judgment is' not entered, this
s=ipula=ion shall be null and void, and shall no= be adm. issible
for any purpose. Unless terminated at an earlier date .in
manner described in paragraphs 4.9-51 below, this stipulauion and
Stipulated Judgmen: shall be e~ective for ~he Projec~ Period.
49. The City, SPON or the AWG may file a Motion to
,
Vacate Judgement if, in any action which ~hey have not initiated'
.
.
(a) Any trial court enters a final judgment ~'hich
determines ~hat the limits on ~he number of Requla=ed
ADDm, Class A ADD~, ~he distinction bet-;een Class A and
Class AA aircraft, MAP levels o= facilitie~ improvem-
ents contained in -t, his mnipula=ion, the curfew p=ovi-
~ions of paragraph 37 Of ~iS $~i~ula~ion, or the
provi~ion~ o'f paragraph 38 of this stipulation ara
unenfo=ceablo for any reason, and the any of ~hese
, · lS
JAN-25-2001 1~' 4?
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C I TY. ATTORNEY' S OFF I CE
,.,..-..- .....
949 64'4 ,5139 P. 21.,."2z~
..... ipulatad limitations are -'~Xcmeded;
Any trial cou~ issues a prelimina.~y injunc-
the effect of precluding i~p!ementation
~r enS~rcement of ~he limits on =he number of Regu!a~ed
ADDs, Class A ADDs, t, he distinction between Class A and
class AA aircraft, MAP levels or facilities improve-
~en:$ con=aimed in this stipule=ion, the curfew
provisions of Paragraph 37 of this m~i~ulation or ~.e
provSaion~ of paragraph 3S of ~hi$ stipulation, based
u.~on a ~indlng of a probability o~ making at trial any i
of ~he ~m~r=ina~ion$ described in subp~=agraph
above, and ~uch preliminary injunction remains in .'
e~fec= fo= a period of one (1) year or more, and. any of
%hese sti~ulated limitations are exceeded; or
Any appellate cour= issues a decision or
which makes any of t. he deCarminaUions described
in sub.~aragr~phs (a) or (b) a]:Ove, or affi~--ms a trial
cour~ ruling based upon such a deternina:ion,
of %hese stipulated limitations are exceeded.
50. The County may file a Mo=ion uo Vaca=m Judgment if
the City fails to comply with the provisions of paragraph 41 of
this stipulation, or either the City,. SPON or the AWG file or
participate in a lawsuit or adjudicatory adminisurative prccaed-
in~, or as~is~ ano~/~er person in any Such lawsuit or proceeding,
for the purpose, or ~o t. he effect of impeding implementation of
19
JC~N-23-20611 14'47 CITY ATTORNE',"'S OFFICE 949 644 3139 P.22..-'"24
the EIR 508/_~S Project o~ otherwise ~'.~e action in violation of
..
para~rap~ 39 of =~£~ stipule=ion. This provision snell no~ apply
tO activities expressly Dermitted by paragraph 29 of this
stipul arian.
6
? Civil Procedure, ~,he Cou=~ s~all, after .cons4 deration o ¢
- ~ a ~o~ion
8 to vacate j~dgmen=, enter an order vacating the $~ipulated
9 Judgmen= if i: ~e=armines ~ha= any of the conditions described in
10 paragraphs 49 or 50 ~ave occurred. Once vacated, :he Judgment
11 and this ~=-ipula=ion shall be null and void, unenforceable and
12 inadmissible, f~ any purpose, and =he pazd:ies will be deemed =o
13 be in the same position =hat =hey occupied before ~hs $~ipulated
14 Judgment and stiDulation was executed and entered in respect of
15 this li:igat£on, and =hey ~h&ll have the full ~cope of =heir
l~ legi~la=ive and ad~i.nis~ative prerogatives.
17
,
18 52. The limitation~ on Requla=ed ADD~, Cla~ A ADDs,
19 the distinction ~tween Clas~ A and Cla-=s AA aircraft, HAP l~vels
~0 and commercial passenger retinal facilities provided for in t-his
~1 ~tipulation, the provisions of paragraphs 37 and 38 of this
22 stipulation, and ~he agreemen=s of the City, SPON and AWG not to
25 ~onte~= or impede implementation of the EIR 508/EIS Pro~ect
24 (paragraph 39 of T. his s=ipulation), are fundamental and essential
~ aspects of thi~ ~e:=lemen~, and were agreed uDon wi~h full
~6 recognition of t~e p~ssibility that economic, ~emograDhic,
27 =echnological, ope=a=ional or legal changes nco currently
~8 ¢on=empla=ed could occur ~uring the Proje~ Period. It was in
51. ~ursuan: :o Rule 60(b)' of the Federal Rules of
2o
JAI.-.~-2S-2001 1 -~' .47
C I TY ATTORNEY: S OFF ! CE .......... '~ 949 644 ~139 P. 23..-"24
,
,.
recogni~io,, of Che~e e$~'ential ~spects af the ~e~lemenc, and the
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inability to predi¢~ wl~h certainty certain future conditions
that t. he se:~ling parties have a~reed to the ~pe-.ific and express
p~vi~ion~ of paragraph 4~ ~ ~his ~tipula~ien. Th~
parUie~ further acknowledge t.%at t, his sattlemen~ provides .for
se=tl£ng Ra~ies to per'.ore under'~akings at different times, and
,
that :~e performance o~ certain of the under~-akinqs, once
accomplished, could no= be undone. Accordingly, excepu as
provided he=ein, the set=ling parties exp=e~ly waive any
potential rigA= '~o seek '~'o modify or vacate =he
the Stipule=ed Judgment, excep= by mutual agree-
MARK J. DILI~N
Gatzke, ~odge. & Mi~pagel
Attorneys fo~ Plaintiff and Counterdefend-
an=~, =he County of 0rang. e and the
.
Orange C~un~ Board o~ Supervi~or~
PIERCE O ' DONNELL*
STEVEN F. PFLAUM
JOSEPHINE E. POWE
O'Donnell & Gor~on
*A Professional Corporation
Attorneys for Defendant, Counterclaimant and
Cro~sdefendant, the City of Newpor-~
,.qt.~ven F. ~flat~ - ' ...... '
JAN-23-2001
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:4 48
C I T';' ATTORNE';''~ S OFF' I CE
[ STI~UI-kTI 0~..
·
o
iGNATI/R~
PAGE · CONTI.N-J~D ]
~. C~NT SALUTE, JR.
Shu=e, Hi/%&ly & W=in/~erger
A:=orneys for Def=ndants,
and Cr~ssde~endants,
Our Newp~r~ and the
G=uup of Orange County,
949 644 3139 p.n..-~
:4.-'.-4
C o un ~ercl a iman=s
stop Pollu=ing
AirpurU Working
Inc.
TOTtZlL P. 24 '
Attachment 3
Noise Element Goals and Policies
NOISE ELEMENT GOALS AND POLICIES
A substantial portion of the City is affected by various sources of noise. The
following goals and policies are intended to address identified noise issues in
the community.
TRANSPORTATION NOISE CONTROL
Transportation-related activities are primary sources of noise
affecting the quality of life in Tustin. Effective reduction of
noise associated with transportation is necessary to ensure
protection from the detrimental effects of excessive noise.
GOAL 1: .Use noise control measures to reduce the impact from
transportation noise sources.
Policy 1.1: Pursue construction of new barriers, or the augmen-
tation of existing barriers, to reduce noise impacts along the
Route 5 and Route 55 freeways along segments directly next to
residential areas.
Policy 1.2: Participate in the planning and environmental review
process for the proposed Eastern Transportation Corridor to
ensure that appropriate noise mitigation measures are included
in the design of the project.
Policy 1.3: Encourage John Wayne Airport to set up noise
control procedures and to consider methods to reduce and
minimize noise exposure due to aircraft flyovers within the
Tustin Planning Area.
Policy 1.4:' Continue to monitor all John Wayne Airport activi-
ties to minimize noise impacts within the Tustin Planning Area
resulting from airport operations, and oppose legislation
promulgated by the FAA that could eliminate local flight
restrictions.
Policy 1.5: Work to reduce risks and noise impacts resulting
from aircraft operations by (a) opposing permanent future reuse
of MCAS,. Tustin for Commercial or general aviation air
operations; (b) participate in and monitor the planning processes
for John Wayne Airport and reuse on MCAS, E1 Toro; (c)
continue to discourage commercial or general aviation activities
which increase noise exposure.
NOISE ELEMENT
8 FEBRUARY 1994
...
Policy 1.6: Encourage Tustin citizen participation and City
involvement on committees that would influence future aircraft
operations in Orange County.
Policy 1.7: Encourage construction of noise barriers by the
Public Utilities Commission, Southern California Regional Rail
Authority, Amtrak, and Orange County Transportation Authority
along the Atchison, Topeka and Santa Fe rail line where
residences exist next to the track.
Policy 1.8: .Encourage the Public Utilities Commission, Southern
California Regional Rail Authority, Amtrak, .and the Orange
County Transportation Authority to minimize the level of noise
produced by train movements and whistle noise within the
Planning Area by reducing speeds, improving vehicle system
technology and developing improved procedures for train
engineer whistle blowing.
·
Policy 1.9: Encourage, where feasible, noise mitigation mea-
sures, such as noise barriers and realignments, in the design and
construction of new roadway projects in the Tustin Planning
Area.
Policy 1.10: Enforce the State's Vehicle Code noise standards
within the City.
Policy 1.11: Consider noise impacts to residential neighborhoods
when designating truck routes and major circulation corridors.
Policy 1.12: Work with the Orange County Transportation
Agency to establish bus routes that meet public transportation
needs and minimize noise impacts in residential areas.
NOISE AND LAND USE PLANNING INTEGRATION
Consideration of the effects of noise early in the land use
planning process can minimize or avoid detrimental impacts.
GOAL 2: InCorporate noise considerations into land use
planning decisions.
Policy 2.1: Adopt planning guidelines that establish acceptable
noise standards for various land uses throughout the Tustin
Planning Area.
NOISE ELEMENT
9 FEBRUARY 1994
Attachment 4
City of Newport Beach Resolution No. 2000-76
JAH-50-2001 10'59 CITY ATTORNEY:S OFFICE 949 64-4 3139 P.02 ..... 05
..A. R~$OLUTION OF THE N~ORT BF-A. CH CITY CO.U. NCIL ASKING THE
ORANGE coUN'FY__B_O~RD OF_$~PER¥1S~ORS...TO SUPPOI~,_T A COOPERATIVE
A,GRi;_F_M _ENT VVlTH THE CITY OF NEWPORT BEACH TO PRE.pARE AN ENVIRONMENTAL
DOC_UM.ENT TO.EVALUATE ANY IMP, ACT_S_RELA_'r, ED TO AN EXTENSIONOF
JOHN WAYNE AIRPORT Se_~j_'LEM.ENT AGREEMENT
WHEREAS, the City Council has a formal aviation policy (A-17) that establishes
certain goals and objec'fives 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 ~pro~e~' pumuant 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 conducing 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:
1. 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);
JRN-~O-2001
C I T"," ATTORNEY' S OFF I CE
949 6.44 3,1..39
P. 03.-"05
TO APPROVE, IN CONCEPT, THE PROJECT DESCRIPTION (EXHIBIT
A) FOR PURPOSES OF CONDUCTING THE INITIAL STUDY AND
PREPARING THE ENVIRONMENTAL DOCUMENT; AND
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 PREPA~TION OF THE ENVIRONMENTAL DOCUMENT
FOR THE PROJECT AND THE PERFORMANCE OF OTHER
FUNCTIONS REQUIRED BY CEQA;
TO PRESENT TO THE BOARD OF SUPERVISORS FOR
APPROVAL AN AGREEMENT WITH THE CITY OF NEWPORT
BEACH WITH AT LEAST THE FOLLOWING COMPONENTS:
(I)
THE COUNTY AND THE CITY OF NEWPORT BEACH
WILL COOPERATE IN THE PREPARATION OF THE
ENVIRONMENTAL DOCUMENT
(11)
THE CITY OF NEWPORT BEACH AND THE COUNTY
WILL EACH DESIGNATE A PRIMARY CONTACT
PERSON;
THE CITY OF NEWPORT BEACH WILL PREPARE ALL
APPROPRIATE NOTICES, AND SCREENCHECK OR
DRA~ ENVIRONMENTAL DOCUMENTS IN
COOPERATION AND CONSULTATION WITH THE
COUNTY.
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 FOP~ FOR USE (COMPUTER
DISK OR E-MAIL) BY THE CITY OF NEWPORT BEACH
AND ITS CONSULTANTS;
JAN-30-2001 11'00 CITY ATTORNEY'S OFFICE 9-49 6-44 3139 P.04.,."05
..
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;
CITY AND COUNTY WILL SHARE FULLY INFORMATION
RELEVANT TO THE PROJECT, INCLUDING ALL
STUDIES, REPORTS AND DRA~ 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:
By:
ATTEST
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH,
J~N-30-2001 11' O1
,.,
C I TY ATTORNEY: S OFF I CE
P. 05.?05
STATE OF C.~IFORN'IA
COUNr~' OF Oi:L&NGE
CI'I~' OF NEWPORT BEACH
I, L&VONNE M. HARKLESS, City Clerk of the City of ~wport Beach, Calfforma, do
hereby cert/f'y that the whole number of members of the City Council/s s~ven; that the fare~om~
resolution, being Resolution N'o. 2000-76 was duly and regularly introduced before aud adopted by
the City. Council of ~aid City at z regular meeting of said Council, duly ancl regularly held on the 8th
day of August, 2000, and that the same was so passed and adopted by the following vote, tn wit:
Ayes: Glover, R/d~eway, 0'Neil, Mayor Noyes
Noes: None
Absent: Thomson, Adams, Debsy
.&bstah~ None
IN WITNESS WHEKEOF, I have hereunto subscribed my name and affmed ~e
official seal of said City tkis 9th d~y of August, 2000.
(Seal)
', '.."' 'u' :, ,~. ,",."r'~. -
_
City Clerk
Newport Beach, Califorma
TOTAL P. 05