MOORLACH UPDATE — 2014 Bucket List — October 3, 2014

The Newport Beach Independent provides its perspective on the approval of the JWA settlement agreement extension in the first piece below (see MOORLACH UPDATE — JWA Settlement Agreement — October 1, 2014). It is followed by a guest editorial on the subject in the Daily Pilot as the second piece below.

I established 21 goals to accomplish during the final year of my term. Here they are, with status updates.

  1. Extend the John Wayne Airport Settlement Agreement – Completed, pending U.S. District Court approval
  2. Adopt and implement Laura’s Law – Completed (see MOORLACH UPDATE — Laura’s Law Journey — August 11, 2014)
  3. Obtain an I.R.S. waiver to Rev. Rul. 2006-43 – Met with U.S. House Ways and Means Committee Chair Dave Camp last December; still no movement in U.S. House of Representatives or in the Treasury Department (Internal Revenue Service) (see MOORLACH UPDATE — The Wall Street Journal — December 7, 2013)
  4. Enjoy the OC’s Quasquicentennial — See below

5. Establish a Year-Round Homeless Shelter somewhere in the OC – Location in Santa Ana is under consideration (see MOORLACH UPDATE — Happy to Discuss — September 22, 2014)

  1. Complete OC’s portion of the California Coastal Trail Association – In process
  2. Complete the Edinger Storm Channel Improvement Project – In process
  3. Annex Colleen Island into Costa Mesa – Approved by Board of Supervisors (see
  4. Conclude the Sunset Beach utility undergrounding – Complete, except for a small number of cable TV access points that are awaiting a ruling by State regulatory agencies
  5. Annex Bolsa Chica and Harriett Wieder Regional Park into Huntington Beach – Under consideration by Huntington Beach City Council
  6. Create a Cell Phone Lot for JWA – In design phase
  7. Pave the Bristol Street slope at JWA – In process
  8. Annex Talbert Regional Park and Nature Reserve into Costa Mesa – On hold
  9. Build a staircase at the Santa Ana River Bridge adjacent to Fairview Park – Met with OC Public Works’ and OC Parks’ Directors this morning at the site for an update meeting
  10. Open up Victoria Lake to public – Under consideration
  11. Update bargaining policies – Civic Openness in Negotiations (COIN) – Completed (see MOORLACH UPDATE — COIN Modifications — July 18, 2014)
  12. Pursue legislation permitting an alternate OCERS board member for appointed members – Awaiting support from OCERS
  13. Begin process of building a golf course on the Coyote Canyon Landfill – Reviewing draft lease with city of Newport Beach
  14. Address the ownership of the Banning Strip with the Army Corps of Engineers – Discussed with OC Public Works’ and OC Parks’ Directors this morning
  15. Observe the 20th anniversary of the filing for Chapter 9 Bankruptcy – December 6th
  16. Establish a Charter Commission – Requested last month (see MOORLACH UPDATE — Ethics Take Two — Septembr 17, 2014)

BONUS: On the Quasquicentennial front, I’ve been including the modified County logo at the bottom of each UPDATE. Tomorrow, at the Irvine Regional Park, the Orange County Historical Societies will be hosting a 125th Anniversary celebration. I will be providing an Orange County State Historical Landmarks presentation at 10:30 a.m., with a little history on how Orange County became the second 53rd county in California (see If you are able to enjoy a warm morning at one of the crown jewels of the OC Parks system, then please join us at 10 a.m. to 2 p.m. for this amazing opportunity.

OC Supervisors Approve Airport Agreement Amendment

A plane takes off from John Wayne Airport, flying over Newport Beach homes and the Upper Newport Bay.
— NB Indy File Photo by Lawrence Sherwin ©

Orange County Board of Supervisors voted unanimously Tuesday to approve the John Wayne Airport settlement agreement amendment.

The process was deliberative and collaborative, said Supervisor John Moorlach, whose district includes JWA and Newport Beach.

The goal was to strike a proper balance between the impacted residents around the airport and the air carriers that are using the airport that would be acceptable to the FAA,” Moorlach said.

He is pleased with the outcome, he noted.

The approved amendment will prohibit commercial planes from departing or arriving before 7 a.m. Monday through Saturday and 8 a.m. on Sunday. They are prohibited from departing after 10 p.m. or arriving after 11 p.m. all week.

The curfew will be extended through 2035, which is “critical,” Moorlach said.

The cap on annual passengers will stay at 10.8 million through 2020. That number will increase to 11.8 million in 2021 and then again in 2026 to either 12.2 or 12.5, depending on the actual number of passengers. These limits are good through 2030.

The number of daily passenger flights would also increase from 85 to 95, starting in 2021.

The vote extends and amends the current 1985 agreement, which was amended in 2003. It would have expired next year.

There were also a handful of public speakers, including Newport Beach Mayor Rush Hill and City Councilman Keith Curry.

Hill thanked everyone involved, including Airport Working Group and Stop Polluting Our Newport.

He also pointed out several others in the audience who were there to support the agreement.

This was an important and far-reaching decision, Curry noted. There are many cities in the corridor that are affected, he added.

City watchdog Jim Mosher voiced some opposition to the amendment. He compared the expansion to Los Angeles and LAX.

“I don’t think we want that in Orange County,” he said,

This amendment makes some substantial increases over current operational levels, Mosher said.

Expansion of the airport is in no way beneficial for the residents who live under the flight path, he noted.

He suggested approving only a portion of the agreement.

Mosher also questioned the “secrecy” surrounding the process.

“This is litigation,” Moorlach responded, “so therefore it had to be done in confidentiality.”

The vote “was arguably the most important step in the process for the extension and amendment,” the city states in a community message sent out on Tuesday.

City Council will vote to finalize the agreement on Oct. 14, the city noted in the message. It will then head to U.S. District Court.

Commentary: Renewed airport pact is part of historic effort

By Leslie Daigle

An historic day to ensure that John Wayne Airport remains the most noise-restricted airport in the nation passed this week.

On Tuesday, the Board of Supervisors approved the draft environmental impact report, selected the proposed project and authorized the signing of documents. Three parties — the county, Airport Working Group and Stop Polluting Our Newport (SPON) — will sign stipulations.

I highlight for you that the noise curfew will remain in effect. John Wayne Airport will remain the most noise-restricted airport in the nation.

The city’s preferred project consists of the following:

• The FAA found the Amended Agreement consistent with the Airport Noise and Capacity Act (ANCA).

• Protection and extension of the noise-based curfew through 2035 — no commercial departures before 7 a.m. Monday through Saturday or before 8 a.m. Sundays, and no arrivals on any day after 11 p.m.

• Maintenance of the million annual passenger cap (the so-called MAP CAP) of 10.8 MAP through 2020, with an additional 1.0 MAP allowed in 2021-25. During 2026-30, an additional 0.7 MAP may be allowed if JWA’s use shows at least 11.21 MAP in any calendar year during 2021-2025. If the 11.21 MAP trigger is not reached, then only an additional 0.4 MAP would be authorized between 2026 and 2030.

• Maintenance of the cap on average daily departures of the Class A (loudest) commercial air carriers of 85 passenger flights, plus four cargo flights per day through 2020, with an additional 10 Class A passenger average daily departures allowed per year (for a total of 95 annually) starting in 2021.

Newport Beach is of the belief that this alternative best protects the city’s residents, recognizes the policy decisions that the Board of Supervisors must make, as it balances the competing interests of the residents who surround the airport and the airline industry, and takes into account the requirements of the federal Airport and Noise Capacity Act, as well as the operational restrictions at JWA.

Newport City Attorney Aaron Harp did an exceptional job managing the legal issues connected to the Amendment of the Settlement Agreement. City Manager Dave Kiff skillfully developed consensus among multiple parties and kept the multiyear process on track.

The commitment of the Airport Working Group and SPON on the airport issues cannot be overestimated or understated. Thank you, community members. Council members actively involved in the process were Mayor Rush Hill, Councilman Keith Curry and myself.

It was a lengthy negotiation process and the city appreciates the leadership of Supervisor John Moorlach and airport management to consider and integrate the concerns of multiple parties.

At the City Council meeting of Oct. 14, the City Council will consider the approval of the Stipulation Agreement.

It is hope that the final steps of this long journey to continue to protect our quality of life will end with certainty about our future.

LESLIE DAIGLE is a member of the Newport Beach City Council.

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