HomeMy WebLinkAboutA3592 - ROARE RESIDENTS OPPOSING AIRPORT REZONING & EXPANSIONI Residents Opposing Airport
Rezoning & Expansion (ROARE)
MOu
AGREEMENT #3592
Auth in Closed Sessn, 10-5-95
MEMORANDUM OF UNDERSTANDINu - -
This Memorandum of Understanding ( "MOU" ) dated this 6th day
of October , 1995, is entered into by and between THE CITY OF
PALM SPRINGS, a municipal corporation (the "City") , and RESIDENTS
OPPOSING AIRPORT REZONING AND EXPANSION ( "ROARE" ) .
R E C I T A L S :
A. On June 19, 1995 , ROARE filed an action with the
Riverside County Superior Court challenging the City' s adoption of
Resolution No . 18604 certifying the Environmental Impact Report
prepared and approved in conjunction with an update to the Airport
Master Plan ( "Master Plan" ) and the preparation of the Federal
Aviation Regulation 14 C. F.R Part 150 Noise Compatibility Study
( "Part 150 Study" ; collectively, the "Airport Improvement
Project" ) . The Airport Improvement Project was originally approved
by the Palm Springs Regional Airport Commission ("Airport
Commission") , and by the City Council on May 17, 1995 .
B . The Airport Improvement Project includes several
modifications to the Palm Springs Regional Airport Facility
( "Airport" ) including but not limited to extension of the primary
runway; taxiway modifications ; expansion of the existing terminal
building; expansion of the aircraft parking apron; construction of
a new airport access road; and construction of a noise berm and
noise wall .
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C. After ROARE filed its lawsuit challenging Resolution
No. 18604, Measure "M" was placed on the November 1995 ballot due
to a certified referendum petition. In November 1995, voters will
decide whether to approve the Airport Improvement Project .
D . After Measure "M" was placed on the ballot the City made
a motion to dismiss ROARE' s lawsuit on the ground that since the
Airport Improvement Project was now subject to approval by the
electorate, an EIR was no longer required under Lee v. City of
Lompoc, (1993) 14 Cal .App.4th 1515 . After examining the City' s
motion to dismiss, ROARE filed a request for dismissal without
prejudice of its lawsuit with Riverside Superior Court on
September 6, 1995 .
E . Notwithstanding dismissal of the action, it is the City' s
desire to mitigate, to the extent reasonable, noise impacts on
neighborhoods surrounding the Airport and to resolve issues raised
by ROARE.
F. Accordingly, the parties hereto desire to enter into this
MOU as a representation of their good faith commitment to resolve
community concerns with the Airport Improvement Project .
NOW, THEREFORE, the parties hereto agree that if Measure "M"
passes the City will undertake the following, except as to
modification of the Airport Commission which shall occur
irrespective of passage of Measure M:
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1 . Airport Commission Standing Noise Subcommittee .
The Palm Springs City Council ( "City Council") on or before
November 1, 1995, will adopt a modification to the Airport
Commission Ordinance (Chapter 2 . 16 of the City' s Municipal Code) ,
which would establish a standing noise subcommittee (the
"Subcommittee" ) made up of five (5) members . The five (5) members
shall consist of three (3) existing commissioners of which two (2)
shall be from the City of Palm Springs and one (1) shall be from
Cathedral City. The remaining two (2) members shall be Palm
Springs residents ( "Residents" ) that live in the 1999 60 db or
higher Community Noise Equivalent Level contour ( "Annual Season" ) .
The City (Mayor with approval of City Council) shall appoint the
two existing Palm Springs Commissioners as well as the Residents .
One (1) of the Resident Members shall be a ROARE representative .
ROARE by its Board, or its successor, shall nominate three (3) to
five (5) individuals to serve as its representatives on the
Subcommittee . The City Council shall choose one Resident Member
from the list of ROARE nominees . The Subcommittee shall meet at
least quarterly to discuss and consider Airport noise issues .
2 . Military Cooperation.
The City Council shall adopt a Resolution committing the City
to use reasonable efforts to reduce or restrict nighttime military
operation at the Airport . In this regard, the City shall request
the appropriate military liaison at the highest possible levels to
make all reasonable attempts to schedule military aircraft arrivals
and departures within the current curfew parameters established by
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the City. The City agrees that "reasonable efforts" pursuant to
this paragraph 2 shall include a trip by the necessary City
officials to Washington, D . C. to lobby and meet with military
personnel regarding military flight operations at the Airport .
3 . Non-Suit Covenant/Aviation Easement .
The City Council shall adopt a Resolution and take other
measures necessary to establish the following policy:
"Existing property owners (as of October 1,
1995) that occupy a residence in the Noise
Combining Zone (as defined in the City' s
Zoning Ordinance) who wish to sell or improve
their single-family residential property will
not be required to execute a Non-suit
Covenant/Avigation Easement as currently
required by the Airport Specific Plan. Any
existing or future owner choosing to
participate in the Noise Insulation Program
(as defined the Approved Palm Springs Region
Airport in 14 C. F.R. Part 150 Program) will be
required to execute a Non-suit Covenant/
Avigation Easement . This Agreement does not
rescind any existing covenants or easements . "
For new subdivisions, the City shall include in all covenants,
conditions or restrictions, a disclosure statement concerning the
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existence of a Non-Suit Covenant/Aviation Easement in a form
approved by the City Attorney and the California Department of Real
Estate,
4 . Curfew Enforceability.
The City and Airport shall undertake for a one hundred eighty
(180) day period a diligent effort to garner unanimous support from
the Airport' s current commercial aircraft operators using Stage III
aircraft, to agree to enter into a written noise restriction
agreement pursuant to 14 C. F.R. Part 161, Subpart B, which would
permanently establish the Airport' s current curfew which prohibits
scheduling arrival or departure of jet aircraft after 10 : 00 p.m. or
prior to 7 : 00 a.m. , for Stage III aircraft . If, at the conclusion
of the one hundred eight (180) day negotiating period, unanimous
aircraft operator support for a noise restriction agreement exists,
the Airport and the City will pursue the necessary procedures set
forth in 14 C.F.R. , Part 161, Subpart B to officially establish a
legally enforceable curfew for Stage III aircraft . Irrespective of
whether a subpart B agreement is adopted, the City' s current
program of voluntary compliance shall continue for State II
aircraft .
5 . Noise Monitoring System.
The City Council shall amend the current Coffman Associates
contract authorizing Coffman Associates to revise the currently
approved Federal Aviation Administration ( "FAA" ) Part 150 Study so
that the City and Airport may qualify for a 14 C.F.R. Part 150
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Grant ( "Grant" ) or other federal noise mitigation funds which shall
including a noise monitoring system. The amendment shall be
submitted to the ROARE Board for input at least fifteen (15) days
prior to consideration by the City Council .
If the inclusion of a noise monitoring system is approved by
the FAA, the Airport Commission will include the noise monitoring
equipment in its noise funding request to the FAA. The City agrees
to use Grant funds for Airport noise reduction, however, ROARE
acknowledges that the Airport' s priority for funding from the Grant
shall be as follows :
(a) Noise Insulation Program and Property
Acquisition Program
(b) Noise Wall/Berm
(c) Noise Monitoring System ( "System" )
The Airport Commission will develop guidelines for the
expenditure of funds in accordance with the foregoing priorities .
The guidelines will be reviewed by the Subcommittee . Funds not
necessary for a higher priority shall be spent for a lower
priority. Grant funds which are obtained subject to use
restrictions, such as for noise monitoring, shall be spent subject
to such restrictions, even if unmet needs exist for higher priority
projects .
The Director shall seek input from the Subcommittee concerning
the hiring of consultants and contractors for the design and
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installation of the System and monitoring construction of the
System. At least fifteen (15) days before the contract for such
consultants is considered by the City Council, it shall be
submitted to the ROARE Board for the Board' s input .
Once the System is installed, it will be monitored for two (2)
years . Noise data will be collected and quarterly reports will be
provided to the Subcommittee for review and the Subcommittee shall
report to the Airport Commission. At the end of the initial two
(2) year monitoring period, the Subcommittee shall meet with
members of ROARE to discuss what measures should be taken in
response to the data collection, including noise mitigation
measures under federal law. The Subcommittee or Commission shall
hold a public hearing and use the noise data collection to decide
what noise mitigation measures it will recommend to the City
Council . Using Subcommittee input, and the testimony from the
public hearing, the Airport Commission shall present a summary
report on the recommended noise mitigation measures to the City
Council, which summary report shall include the recommendations of
the Subcommittee. The City Council shall have full discretion as
to the alternatives to be taken. The City Council shall hold a
public hearing to receive public input on the summary report . The
time period from the date that the Noise Data collection is
complete to the time that the Airport Commission submits its
recommendations to the City Council shall not exceed one hundred
eighty (180) days .
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6 . Press Release .
Within five (5) days of the execution of this MOU, the members
of the Executive Board of ROARE shall issue a joint press release
with the City.
7 . Legal Expenses .,
Each party shall bear their own legal expenses .
8 . No Additional Action.
The Subcommittee, City and Airport Commission make no
commitment to take any additional action with regard to noise
mitigation measures other than as set forth in this MOU.
9 . Automatic Termination.
If Measure "M" does not pass, this MOU shall automatically
terminate and become null and void, except for the provisions of
Section 1 concerning modification of the Airport Commission
Ordinance, and neither party shall have any obligation hereunder.
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IN WITNESS WHEREOF, the parties have executed this MOU on the
date above specified.
"CITY"
THE CITY OF PALM SPRINGS,
a municipal corporation
By:
Mayor
Attest : (Authorized in Closed Session, reported by
City Attorney, 10-5-95, A3592)
5;tfy Clerk
APPROVED AS TO FORM:
11
City Att ey
"ROARE"
RESIDENTS OPPOSING AIRPORT
REZONING AND EXPANSIO/N
Name
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[END OF SIGNATURES]
P82\487\014084-0014\2162608.3 m10/03/95 -9-
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ROARE AND CITY REACH ACCORD
PRESS RELEASE
A member of the City Council, members of the Airport
Commission, and other City officials have continued meeting with
members of ROARS to address ROARE's concerns with the Airport
expansion and how to reduce :noise levels. The parties have entered
into a written Memorandum of Understanding ("MOU") showing their
good faith commitment to resolve the issues raised by the
expansion. The MOU was approved by City Council on October 4, 1995
and was approved by a vote of IL) �. yes 17 no at a
meeting of ROARE on October 5, 1995.
ROARS itself, as a nonprofit organization, cannot directly
take a position on the referendum. However, the persons listed
below now support Measure M due to the successful negotiation of
the MOU. We understand the value of the Airport to our community
and the need for its continued expansion and growth. We further
appreciate that the Council has continued to meet with us to
resolve these important community impacts. Our attorneys have told
us that in their experience the City's responsiveness has been
extraordinary. We believe that together we have now accomplished
an important agreement which goes as far as is possible at this
time to create a process for mitigating the noise impacts which may
occur from Airport expansion.
Accordingly, we now support Measure M and urge its passage to
all citizens of Palm Springs. Without its passage, our agreement
with the City cannot proceed, the Airport Master Plan will be
rescinded, and the City will have to undertake a costly, divisive,
and unnecessary process to adopt another Master Plan. Our
community does not need this. We urge your support of Measure M
an our agreement wi h the City.
I
Frank Coffey Jo �4hlendorf
y
Leslie Dunn Kathy Ward
Linda Hiser