Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  14-001377

 

MEETING DATE:

09/30/14

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2

SUBMITTING Agency/Department:

John Wayne Airport   (Pending)

Department contact person(s):

Alan L. Murphy (949) 252-5183 

 

 

Lawrence G. Serafini (949) 252-5270

 

 

Subject:  JWA Settlement Agreement Amendment and EIR 617

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: No

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 4/16/2013 #23; 9/10/2013 #33; 7/22/2014 #27

 

RECOMMENDED ACTION(S):

 

 

1.

Adopt proposed CEQA Resolution certifying EIR 617, including related CEQA Findings of Fact, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations.

 

2.

Adopt proposed Project Approval Resolution, which approves the Proposed Project, authorizing an increase in permitted operational capacity at JWA; approves amendments to the 1985 Settlement Agreement; and authorizes execution of the Ninth Supplemental Stipulation, subject to certain specified conditions.

 

 

 

 

 

SUMMARY:

 

JWA recommends that the Board of Supervisors adopt: 1) the proposed Certification Resolution for Final Environmental Impact Report (EIR) 617, which includes related California Environmental Quality Act (CEQA) Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Plan (“MMRP”) (collectively, “CEQA Findings”); and 2) the proposed Project Approval Resolution.

 

The CEQA Certification Resolution certifies that Final EIR 617 is complete and adequate in that it addresses all environmental effects of the Project and fully complies with the requirements of CEQA, the State CEQA Guidelines and the County’s Local CEQA Procedures Manual.  The Project Approval Resolution approves and adopts for implementation the Proposed Project, and authorizes execution of the Ninth Supplemental Stipulation, subject to specified conditions and subject to conditions, mitigation measures and other matters expressly contained in the Certification Resolution and CEQA Findings.

 

 

 

BACKGROUND INFORMATION:

 

History of JWA Settlement Agreement

 

In April 1985, the County, acting as the proprietor and operator of John Wayne Airport (JWA), adopted a Master Plan (known as the 1985 Master Plan) for further development of facilities at the Airport as well as an increase in previously imposed limits on certain aircraft operations. The 1985 Master Plan allowed for the construction of new terminal facilities (specifically, the Thomas F. Riley Terminal which opened in 1990).

 

Following adoption of the 1985 Master Plan and certification of its accompanying EIR 508, litigation related to the Master Plan and EIR 508 was initiated by the County in the United States District Court for the Central District of California, and by the City of Newport Beach and two citizens groups (Stop Polluting Our Newport [SPON] and the Airport Working Group [AWG]) in Orange County Superior Court. In addition, in April 1985, there was then pending in the California Court of Appeals for the Fourth District, an appeal by the County from an earlier trial court ruling made under CEQA in respect to an earlier Master Plan for JWA adopted by the County in 1981, and its related EIR (EIR 232). In the summer of 1985, the County of Orange, the City of Newport Beach, SPON, and AWG (collectively, the signatories) reached a comprehensive agreement settling all pending actions and claims related to the 1985 Master Plan and EIR 508, as well as the pending appeal on the 1981 Master Plan/EIR 232 litigation. The agreement is commonly referred to as the “1985 Settlement Agreement.” The principal stipulation memorializing the substantive terms of the parties’ settlement agreement was filed in the federal court action initiated by the County for the 1985 Master Plan and EIR 508. The stipulation was accepted and confirmed by an order of the District Court after a hearing in December 1985. The original term of the settlement stipulation required that it remain in effect through December 31, 2005.

 

Subsequent to approval of the 1985 Settlement Agreement, the U.S. Congress enacted the Airport Noise and Capacity Act of 1990 (ANCA), which limits an airport operator’s right to impose new restrictions on aircraft operations without obtaining federal approval. Generally, ANCA precludes the local imposition of noise and access restrictions that are not otherwise in accordance with the national noise policy. However, a limited set of exemptions to the requirements of ANCA were provided upon ANCA’s enactment. Specifically, ANCA’s limitations do not apply to JWA’s average daily departures (ADD) and million annual passengers (MAP) limitations, because the 1985 Settlement Agreement is an "intergovernmental agreement" including an airport noise or access restriction that was in effect prior to the enactment of ANCA.  ANCA also provides that a “subsequent amendment” to the 1985 Settlement Agreement is not subject to ANCA, provided that the amendment does not reduce or limit aircraft operations or affect aircraft safety. 

 

In 2003, prior to the 2005 expiration of the 1985 Settlement Agreement, the signatories approved a series of amendments to the Settlement Agreement that allowed for additional facilities and operational capacity at JWA, while continuing to provide environmental protections for the local community.  The 2003 Amendment extended the Settlement Agreement for an additional 10 years, through December 31, 2015.

 

In April 2013, in recognition that the 1985 Settlement Agreement (as amended in 2003) would expire in 2015, the County, the City of Newport Beach, AWG and SPON agreed to consider pursuing a second extension of the 1985 Settlement Agreement's term and, to that end, entered into a Memorandum of Understanding (MOU).

 

In accordance with the MOU, Draft EIR 617 was prepared to analyze the impacts of amending the Settlement Agreement to increase operational capacity (ADD and MAP) at JWA through the year 2030.  The EIR analyzed the Proposed Project, as well as three project alternatives (Alternatives A, B and C) and the No Project Alternative, at a comparable level of detail and consistent with the MOU's delineation of the operational capacity parameters for each scenario.   A summary of the Proposed Project and alternatives is provided below under “Project Description.”  Additionally, Attachment A (Principal Terms of the Proposed Project and Alternatives Evaluated in the Environmental Impact Report) summarizes the specific operational components of the Proposed Project, Alternatives A, B and C, and the No Project Alternative.

 

CEQA COMPLIANCE:

 

As the proprietor of JWA, the County is the “lead agency” and the City of Newport Beach is a “responsible agency” as defined by the California Environmental Quality Act (CEQA), for preparation of Environmental Impact Report (EIR) 617.  The Board’s first recommended action is to adopt the proposed CEQA Certification Resolution (Attachment B), including related CEQA Findings.  An overview of EIR 617 and the CEQA process follows:

 

Environmental Impact Report 617

 

Public Review Process

 

The County issued a Notice of Preparation (“NOP”) for Draft EIR 617 on October 1, 2013, requesting responsible agencies, other interested public agencies, and members of the general public to provide input on the scope and content of Draft EIR 617.  Additionally, the County held a public scoping meeting on October 17, 2013 to receive input on the NOP.  The County received comments in response to the NOP for a period of 30 days, through October 31, 2013.  JWA staff and its environmental consultants reviewed and considered all the comments received on the NOP as part of the preparation of the Draft EIR and accompanying technical studies.

 

The County circulated Draft EIR 617 for public review and comment to all state, federal and local agencies, including responsible and trustee agencies that are responsible for discretionary actions related to the Project, as well as affected cities in the vicinity of JWA.  The public comment period on Draft EIR 617 began on May 22, 2014 and extended through July 8, 2014.  A Public Notice of Availability of DEIR 617 was published in the Orange County Register, a newspaper of general circulation; mailed to all organizations and individuals previously requesting notice; and was posted on the JWA and OC Public Works’ websites.  Additionally, the County provided copies of the Draft EIR 617 with appendices, to public libraries in the vicinity of JWA and to the State Clearinghouse which, in turn, distributed Draft EIR 617 to all interested state agencies for review and comment.

 

During the public review period, there were two public meetings held.  The first meeting was held on May 28, 2014 at Hewes Middle School in the unincorporated area of North Tustin and the second on May 29, 2014 at the JWA Administrative Offices in the City of Costa Mesa.  Both of these meetings provided the public an opportunity to provide input on the EIR and to ask questions about the Project.

 

Responses have been prepared addressing all written and oral comments received within the Draft EIR 617 comment period and are included in the Draft EIR 617 Responses to Comments report (Attachment C).

 

Project Description

 

The Proposed Project and three different alternatives (known as Alternatives A, B, and C), as well as the No Project Alternative, were analyzed in Draft EIR 617 at a comparable level of detail consistent with the parameters of the MOU.  Neither the Proposed Project nor the alternatives propose physical improvements to the JWA facilities. A summary of the principal differences between the MOU-identified Proposed Project and alternatives is shown in Attachment A.

 

Proposed Project

 

The Proposed Project would extend the term of the 1985 Settlement Agreement through December 31, 2030, and would require that there be no change to the curfew until December 31, 2035. The curfew prohibits regularly scheduled commercial operations from taking off between 10:00 PM and 7:00 AM (8:00 AM on Sundays) and landing between 11:00 PM and 7:00 AM (8:00 AM on Sundays).

 

The Proposed Project would gradually increase the number of regulated Class A commercial passenger flights and the number of passengers departing and arriving annually. The 1985 Settlement Agreement (as amended in 2003) allows for 85 Class A ADDs and 10.8 MAP. The Proposed Project assumes the flight and passenger levels allowed would remain unchanged until January 1, 2021, at which point levels would be allowed to increase to 95 Class A ADDs and 11.8 MAP.

 

On January 1, 2026, the number passengers using the Airport, though not the number of Class A ADDs, would again be able to increase. The amount of the increase would depend upon the actual service levels in the preceding five years. If the number of passengers served in any one calendar year, between January 1, 2021 through December 31, 2025, is within 5 percent of 11.8 MAP (i.e., 11.21 MAP), then the annual passenger level will be permitted to increase to 12.5 MAP through December 31, 2030. If passenger levels do not reach 11.21 MAP in any one calendar year between January 1, 2021 and December 31, 2025, passenger levels will only be able to increase to 12.2 MAP through December 31, 2030. The analysis in the EIR assumes the 12.5 MAP and 95 Class A ADDs in the 2026 through 2030 timeframe because this represents the maximum environmental impact.

 

JWA currently has 20 passenger loading bridges that allow passengers to enplane and deplane directly from the terminal building.  With the Proposed Project, no additional passenger loading bridges would be allowed through December 31, 2020, at which time the restriction on the number of passenger loading bridges would be lifted. However, the Project is not proposing the construction of any additional gates, loading bridges, or other new facilities. Should additional gates or modifications to any Airport facilities be proposed at a subsequent time, separate environmental documentation pursuant to CEQA would be required, and Federal Aviation Administration (“FAA”) and National Environmental Policy Act (“NEPA”) approval would also be required.

 

The Proposed Project would not modify the number of ADDs allocated to air cargo service, which would remain at four ADDs through year 2030.

 

 

 

 

Alternative A

 

Alternative A was developed based on information contained in the FAA’s Terminal Area Forecast Detail Report dated January 2013. Alternative A is the same as the Proposed Project with regard to expiration of the term of the 1985 Settlement Agreement (December 31, 2030) and restrictions on modifications to the curfew (December 31, 2035). This Alternative would also maintain the restriction on the number of passenger loading bridges until December 31, 2020, at which point the limitation would be removed. Alternative A would not modify the number of Class A ADDs allocated to air cargo operations.

 

Alternative A is different than the Proposed Project in terms of the number of regulated Class A passenger service ADDs and MAP served at the Airport. Alternative A would maintain the 10.8 MAP through December 31, 2020. However, effective January 1, 2016, the number of regulated Class A passenger service ADDs would be allowed to increase to 107 ADD. 

 

Subsequently, on January 1, 2021, the number of regulated ADDs and MAP would be allowed to increase to 120 regulated Class A passenger service ADDs and the permitted MAP level would be allowed to increase to 11.4 MAP.

 

A final increase in MAP and regulated Class A passenger service ADDs would be permitted to occur after January 1, 2026. Through the end of the term (December 31, 2030), a total of 135 regulated Class A passenger service ADDs would be permitted and a total of 12.8 MAP would be allowed.

 

Alternative B

 

Alternative B was developed based on input from JWA’s commercial air service providers. As with Alternative A and the Proposed Project, Alternative B proposes to extend the term of the 1985 Settlement Agreement until December 31, 2030, and restrictions on modifications to the curfew would apply until December 31, 2035. This Alternative would also maintain the restriction on the number of passenger loading bridges until December 31, 2020, at which point the limitation would be removed. Alternative B would also not modify the number of Class A ADDs allocated to air cargo operations.

 

Alternative B would maintain the 10.8 MAP through December 31, 2020. However, effective January 1, 2016, the number of regulated Class A passenger service ADDs would be allowed to increase to 100 ADD. The number of regulated ADDs and MAP would then be allowed to increase on January 1, 2021, to 110 regulated Class A passenger service ADDs and permitted MAP levels would be allowed to increase to 13.0 MAP. A final increase in MAP and regulated Class A passenger service ADDs would be permitted to occur after January 1, 2026. Through the end of the term (December 31, 2030), a total of 115 regulated Class A passenger service ADDs would be permitted and a total of 15.0 MAP would be allowed.

 

Alternative C

 

Alternative C reflects operational levels which maximize the physical capacity of the JWA airfield. Alternative C would not carry forward the restrictions on the number of regulated Class A passenger service ADDs and MAP served at the Airport. Rather, the passenger and flight levels would be dictated by airfield capacity. Under this alternative, as of January 1, 2016, there also would be no restrictions on the number of passenger loading bridges.

 

With Alternative C, the increase in flights and passenger levels would be permitted starting on January 1, 2016, and would remain the same throughout the entire study period (through 2030). Based on the current airfield capacity, this alternative would allow 228 regulated Class A passenger service ADDs.  It is expected that this flight level would serve approximately 16.9 MAP.

 

Alternative C does propose to maintain the current curfew until December 31, 2020.  After that date, the County would have the discretion to modify the curfew.  Alternative C does not propose the modification of the curfew at this time; however, to ensure that the full impacts associated with Alternative C are addressed in this EIR, assumptions have been made on flight activity with a modification of the curfew. Based on other airports that operate without a curfew and have similar operations and geographic conditions as JWA (i.e., a regional airport near a large hub airport and without major cargo operations), assumptions were made on the flight distributions. It was determined that without the curfew, a reasonable assumption would be 75 percent day operations (7:00 AM to 7:00 PM), 14 percent evening operations (7:00 PM to 10:00 PM), and 11 percent night operations (10:00 PM to 7:00 AM). The bulk of the night operations would be between the hours of 6:00 AM and 7:00 AM due to the congestion during the 7:00 AM peak hour. There would be some operations after 10:00 PM as well, but most likely concentrated between 10:00 PM and 11:00 PM. Should the County desire to modify the curfew after December 31, 2020, it would be considered a project pursuant to CEQA, and separate environmental documentation would be required to address the potential impacts associated with that action.

 

No Project Alternative

 

As defined by CEQA, when the project is the revision of an existing regulatory plan, policy or ongoing operation, the No Project Alternative will be the continuation of the existing plan, policy or operation into the future.

 

Therefore, EIR 617 assumes that no action would be taken by the County under the No Project Alternative, and the 1985 Settlement Agreement would be allowed to expire on December 31, 2015. The No Project Alternative also assumes the continuation of the provisions in the 1985 Settlement Agreement, as most recently amended in 2003. Specifically, this Alternative assumes there would be 85 regulated Class A passenger service ADDs and 10.8 MAP throughout the study period (i.e., beginning on January 1, 2016 and extending through December 31, 2030). With the No Project Alternative, there would be no change to the curfew, the number of ADD provided for air cargo operations, or the number of passenger loading bridges at the terminal.

 

Under the No Project Alternative, although the assumption is made that operations at JWA would remain unchanged, upon expiration of the Settlement Agreement on December 31, 2015, the normal legislative discretion of the Board, as the owner and operator of JWA, to consider possible expansion of facilities or operations at JWA would be unconstrained by any judicial order.  Therefore, the Board would be able to consider increasing the permitted levels of commercial operations. The Board would also be able to consider elimination of other restrictions on JWA operations including, but not limited to, the preexisting nighttime flight restrictions (curfew) independent of the City of Newport Beach, SPON, and AWG. However, none of those actions would happen automatically without further express action of the Board and those actions would be “projects” within the meaning of CEQA and would require CEQA (and perhaps National Environmental Policy Act [NEPA]) compliance before they could be approved and implemented.

 

With expiration of the 1985 Settlement Agreement in 2015, the County potentially will lose its ability to retain the current restrictions on operations at JWA, as grandfathered under ANCA.  Specifically, other interested entities – including, but not limited to, the FAA and commercial air carriers – could initiate legal action challenging the continuation of any noise and access restriction at JWA on the basis that such restrictions violate ANCA.

 

2025 Horizon Year Alternative

 

In addition to the Proposed Project and alternatives described above, EIR 617 discusses an alternative with a 2025 horizon year, which identifies a lesser number of ADDs and MAP.  The 2025 Horizon Year Alternative was formulated in furtherance of the County’s obligation to describe a range of reasonable alternatives in the EIR in accordance with CEQA.

 

The 2025 Horizon Year Alternative proposes the same ADDs and MAP levels ultimately provided by Phase 2 of the Proposed Project, and would only extend the Settlement Agreement through December 31, 2025. This alternative would allow the continuation of the Settlement Agreement, but would not commit to the higher flight and passenger levels provided in Phase 3 of the Proposed Project. There would be no change in the permitted number of ADDs and passengers in the first phase (2016 through 2020). Rather, Phase 1 would permit a maximum of 85 Class A commercial passenger ADDs and a 10.8 MAP cap consistent with the parameters of the 1985 Settlement Agreement (as amended in 2003). On January 1, 2021, the MAP level would be permitted to increase to 11.8 and the number of Class A commercial passenger ADDs would increase to 95.  This level of operation would continue through December 31, 2025, at which time the Settlement Agreement would expire.   

 

As with the Proposed Project, under the 2025 Horizon Year Alternative, no physical improvements are proposed and the number of permitted air cargo operations would not change. The passenger loading bridges would be limited to the 20 existing bridges through December 31, 2020, and ground loading and unloading of passengers would be permitted. Similar to the Proposed Project, it is assumed that the 2025 Horizon Year Alternative would be “grandfathered” under the terms of the ANCA; however, this would be subject to change after 2025 unless another Settlement Agreement Amendment were to be processed.

 

Environmental Impact Analysis

 

The scope of the EIR is based on the findings of the Initial Study and input received from the federal, state and local agencies, and the public, as part of the scoping process. The EIR addresses all potential significant effects of the following topical areas:

 

• Air Quality

• Biological Resources

• Greenhouse Gas Emissions

• Hazards and Hazardous Materials

• Land Use and Planning

• Noise

• Public Services

• Transportation/Traffic

• Utilities

• Water Quality

 

Cumulative Impacts, Long-Term Implications of the Project (which includes growth inducing impacts) and Alternatives are also addressed in EIR 617.  

 

Implementation of the Proposed Project would result in potentially significant impacts for the following topical issues: air quality, greenhouse gas (“GHG”) emissions, land use and planning, noise, and transportation/traffic.  A summary of all potential impacts, mitigation measures and the level of significance after mitigation can be found in Attachment C (and as Table 1-3 of DEIR 617).  (The entirety of EIR 617 is included as Attachment D.)

 

As stated in Recommended Action Number 1, it is recommended that the Board of Supervisors adopt the proposed Certification Resolution (Attachment B) certifying the adequacy and completeness of EIR 617 for purposes of CEQA, including related CEQA Findings, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program.  

 

RECOMMENDATION TO ADOPT THE PROPOSED PROJECT

 

Based upon the EIR 617 analysis, and subsequent to action on the Certification Resolution, JWA recommends that the Board of Supervisors adopt the Proposed Project.

 

The Proposed Project most fully achieves  the Project Objectives, as identified in the MOU approved by the County, City of Newport Beach, AWG and SPON.  The Project Objectives are as follows:

 

Project Objectives

 

1.  To modify some existing restrictions on aircraft operations at JWA that would provide increased air transportation opportunities to the air traveling public using that airport without adversely affecting aircraft safety.

 

2.  To reasonably protect the environmental interests and concerns of persons residing in the vicinity of JWA, including their concerns regarding “quality of life” issues related to the operation of JWA.

 

3.  To preserve and continue to implement important restrictions on the use of JWA, “grandfathered” under the Airport Noise and Capacity Act of 1990, which reflect and accommodate historical policy decisions of the Board regarding the appropriate point of balance between the competing interests of the air transportation and aviation community and local residents living in the vicinity of the airport.  These include the existing nighttime operations restrictions and maximum permitted single-event noise levels.

 

4.  To provide a reasonable level of certainty to the local community, airport users (particularly scheduled commercial users) and the air traveling public regarding the level of permitted aviation activity at JWA for a defined future period of time.

 

5.  To consider revisions to the regulatory operational restrictions at JWA in light of the current aviation environment; the current needs of the affected communities; and the industry interests represented at JWA.

 

These objectives are consistent with a long-standing and adopted policy of the County to operate JWA in a manner that provides the maximum air transportation opportunities at JWA while ensuring that airport operations do not unreasonably result in adverse environmental effects on surrounding communities.  Attachment E (Compatibility Comparison of Alternatives with Project Objectives) provides a comparison of the Proposed Project and alternatives with the Project Objectives.  The Proposed Project fully implements all of the Project Objectives; Alternative A, Alternative B and the 2025 Horizon Year Alternative partially implement the Project Objectives; the No Project Alternative implements only one Project Objective; and Alternative C implements none of the Project Objectives.

 

CEQA does not require that a public agency achieve every objective with the adoption of a selected project; however, the Board is to consider each of the project objectives for the Proposed Project prior to reaching a final decision.

 

The Project Approval Resolution is included as Attachment F and would authorize an increase in permitted operational capacity at JWA, approval of amendments to the 1985 Settlement Agreement, and execution of the Ninth Supplemental Stipulation.  The County’s approval of the Proposed Project would be contingent upon the City Council of Newport Beach and the governing boards of SPON and AWG approving and executing the agreed upon amendment to the 1985 Settlement Agreement. The City of Newport Beach is a responsible agency and the Newport Beach City Council proposes to use the Final EIR as the CEQA compliance document for its decision on the amendment of the Settlement Agreement.

 

In addition, although the FAA approval of the 1985 Settlement Agreement or its amendments is not required, the County has discussed the Proposed Project’s standing under ANCA, as well as the Airport’s grant assurances and other federal laws with the FAA.  JWA requested a written opinion from FAA Chief Counsel concurring that implementation of the settlement amendment by the County would be consistent with the County’s “sponsor assurances” and any other obligations under the federal Airport Improvement Program grants which have been made to the County, and that implementation of the amendments would not be inconsistent with any provision of the Airport Noise and Capacity Act of 1990 and would not be inconsistent with or violate any other provision of existing federal law for which FAA has statutory or delegated enforcement or implementation responsibilities. 

 

NINTH SUPPLEMENTAL STIPULATION

 

JWA, the City of Newport Beach, SPON and AWG, the signatories to the 1985 Settlement Agreement, have worked cooperatively to develop the MOU which defined the Proposed Project and alternatives. JWA and the other signatories are recommending that the Board approve the Proposed Project, and authorize the execution of the Ninth Supplemental Stipulation as provided in the Proposed Project Approval Resolution (Attachment F).  Assuming all of the signatories approve the Proposed Project and execute the amendment to the 1985 Settlement Agreement, the Ninth Supplemental Stipulation would then be submitted to the U.S. District Court, Central District of California, for approval.

 

ACTIONS OF THE ORANGE COUNTY PLANNING COMMISSION AND THE AIRPORT COMMISSION

 

The Orange County Planning Commission met on September 10, 2014 to consider the adequacy of EIR 617, prepared for Settlement Agreement Amendment, and determined that the EIR is adequate, complete and appropriate environmental documentation for the Project consistent with CEQA, the State CEQA Guidelines, and the County’s Local CEQA Procedures Manual.  The Commission recommended on a 4 to 0 vote, that the Board of Supervisors certify Final EIR 617 and adopt the findings, facts in support of findings, statement of overriding considerations and mitigation monitoring and reporting plan for the Project.

 

At the September 17, 2014 meeting of the Orange County Airport Commission, the Commission evaluated and considered the Settlement Agreement Amendment Proposed Project and Alternatives.  On a vote of 3 to 0, the Commission recommended that the Board of Supervisors approve the Proposed Project.

 

 

 

 

CONCLUSION

 

JWA requests that the Board of Supervisors, 1) adopt the proposed Certification Resolution certifying EIR 617 as adequate and complete for purposes of CEQA, including the related CEQA Findings, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and 2) adopt the proposed Project Approval Resolution, which approves the Proposed Project, authorizing an increase in permitted operational capacity at JWA; approves amendments to the 1985 Settlement Agreement; and authorizes execution of the Ninth Supplemental Stipulation, subject to certain specified conditions, including approval and execution of the Stipulation by the City of Newport Beach, SPON and AWG.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

A - Principal Terms of the Proposed Project and Alternatives
B - CEQA Certification Resolution (Exhibits: CEQA Findings and MMRP)
C - DEIR 617 Responses to Comments Report
D - Final EIR 617 (which, by definition, includes DEIR 617)
E - Compatibility Comparison of Alternatives with Project Objectives
F - Proposed Project Approval Resolution (Exhibit: Ninth Supplemental Stipulation)
G - Planning Commission Resolution

A copy of Attachment C - DEIR 617 Responses to Comments Report and Attachment D - Final EIR 617 (which, by definition, includes DEIR 617) are available for review in the office of the Clerk of the Board.