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RESOLUTION NO. 2017-63 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, RELATING TO <br />THE FEDERAL AVIATION ADMINISTRATION'S <br />IMPLEMENTATION OF THE SOUTHERN CALIFORNIA <br />METROPLEX PROJECT AT JOHN WAYNE AIRPORT <br />WHEREAS, the City of Newport Beach ("City") and the Newport Beach City <br />Council ("City Council") have maintained as a primary objective the goal of protecting <br />community residents from the impacts of commercial operations at John Wayne Airport <br />("JWA" or the "Airport"); <br />WHEREAS, to address the concerns of its residents regarding the Airport, the City <br />Council first convened the Aviation Committee ("Committee") in 1979, and, since then, it <br />has met continuously to, among other things, monitor the impacts of JWA on the City and <br />residential quality of life as well as to oversee the implementation of Council Policy A-17 <br />("Airport Policy"); <br />WHEREAS, the Airport is owned and operated by the County of Orange (County), <br />and the Federal Aviation Administration (FAA) controls aircraft flight paths and altitudes. <br />While the City has no legal authority to directly regulate operations at the Airport, in 1985 <br />the City, after litigation with the County and joined by citizen partners within the Airport <br />Working Group (AWG) and Stop Polluting Our Newport (SPON) entered into and helped <br />create the landmark JWA Settlement Agreement (Agreement); <br />WHEREAS, this Agreement is the only airport operating agreement like it in the <br />United States intended to align the Airport with neighborhood quality of life concerns, <br />including passenger caps per year, limits on the amount of the loudest flights, the <br />placement and continuance of a curfew, and more; <br />WHEREAS, when the Federal Government in 1990 took actions against the <br />Agreement, the City through aggressive lobbying efforts and with extensive community <br />support (including from AWG and SPON) successfully obtained a grandfathering <br />provision in the 1990 Airport Noise and Capacity Act (ANCA) which recognized the <br />Agreement and protected the existing limitations on access and noise set forth in the <br />Agreement; <br />WHEREAS, the Federal Government acting through the FAA sought in or about <br />1990 to modify noise abatement departure procedures at JWA, the City, with the <br />cooperation of the County, aggressively and actively participated in and assisted in the <br />testing of departure procedures conducted at JWA which resulted in the development of <br />FAA Advisory Circular 91-53A, Noise Abatement Departure Profiles (NADP); <br />WHEREAS, the Agreement was extended and amended over time (in both 2002 <br />and 2014), generally to continue the curfew hours and to allow modest changes in the <br />passenger cap and to the amount of "Class A" Average Daily Departures (ADDS), all in <br />compliance with the requirements of ANCA; <br />