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HomeMy WebLinkAbout84-10 - John Wayne AirportRESOLUTION NO. 84 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING, SUBJECT TO THE RECEIPT OF CERTAIN ASSURANCES FROM THE FAA, A JOINT POWERS AGREEMENT WITH THE COUNTY OF ORANGE PROMOTING IMPROVEMENTS TO AIR TRANSPOR- TATION AND LIMITING THE EXPANSION OF JOHN WAYNE AIRPORT WHEREAS, the City Council of the City of Newport Beach is desirous of improving the quantity and quality of air transportation services available to its residents; and WHEREAS, John Wayne Airport is the only commercial airport facility within the County of Orange and is incapable of satisfying the demands of Orange County residents; and WHEREAS, the selection and development of a new commer- cial airport is the only means by which the air travel demands of the residents of Orange County can be satisfied; and WHEREAS, the aircraft operations at John Wayne Airport create serious environmental impacts on the residents of the citizens of the City of Newport Beach; and WHEREAS, the City Council is desirous of limiting such impacts upon its residents; and WHEREAS, the FAA of the United States Department of Transportation exercises certain constitutionally sanctioned preemptory powers over the operation of airports and aircraft; and WHEREAS, the County of Orange, as owner and operator of John Wayne Airport and prospective owner of any new airport, has given certain assurances to the FAA as a condition of the accept- ance of grants of funds by the FAA; and WHEREAS, the cooperation and assistance of the FAA in the initiation and administration of the Joint Powers Agreement can affect the maintenance and enforceability of the Joint Powers Agreement; and WHEREAS, the City Council has received, and made amendments to, a draft Joint Powers ,Agreement between the City • and the County of Orange regarding improvement to air transportation services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby approves the amended Joint Powers Agreement between the City of Newport Beach and the County of Orange regarding improvements to air transportation services attached hereto as Exhibit "A ", BE IT FURTHER RESOLVED that the City Council authorizes the Mayor and City Clerk to execute said Agreement only after the City Council approves a statement to be received from the FAA indicating that the Joint Powers Agreement is consistent with Federal law, with the policies of the FAA, and with the assurances previously made by the County of Orange as a condition of any grant of funds for airport improvements. ADOPTED this 23rd day of January , 1984. ATTEST: f1so�� City Clerk RSP /Airport • U 1 2 3 4 5 6 7 8 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH THIS AGREEMENT, entered into this day of , 198_, by and between the COUNTY OF ORANGE, a political subdivis- ion of the State of California and the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation (hereinafter sometimes jointly referred to as "the Parties "), is made with reference to the following facts: WHEREAS, existing airport facilities within the County of Orange are incapable of satisfying demand; and WHEREAS, notwithstanding any potential improvements that may be made, John Wayne Airport is now incapable and always will be incapable of satisfying the air travel demands of Orange' County; and WHEREAS, the Parties '.'are desirous of pursuing activities which would improve the quality and quantity of air transportation service, such as promoting the use and development of existing airport facilities and locating and developing new airport facilities; and WHEREAS, the City and County recognize that development of airport facilities requires strict attention to environmental impacts such as noise and overflights on neighboring communities; and r I 1 WHEREAS, the parties desire to study, and seek Federal 2 approval to implement, procedures designed to increase the safety 3 of John Wayne Airport; and 4 WHEREAS, the City of Newport Beach is desirous of 5 obtaining, from the County of Orange, a long -term and binding 6 commitment that the number of "Average Daily Departures" (ADDs4 7 as defined in Exhibit "A," will be limited to 55 at John Wayne 8 Airport (JWA) until such time as technological advancements, as 9 provided in this Agreement, allow the introduction of quieter 10 commercial aircraft; and 11 WHEREAS, the noise resulting from aircraft operations 12 at John Wayne Airport is almost exclusively generated by commer- 13 cial aircraft; and 14 WHEREAS, the noise generated by General Aviation air - 15 craft arriving at and departing from John Wayne Airport is less 16 than One Percent (1 %) of the noise generated by commercial air- 17 craft; and 18 WHEREAS, the limit on commercial aircraft operations as 19 defined in Exhibit "A" at JWA is necessary to restrict the amount 20 of noise resulting from overflights to that considered acceptable 21 by the City and County; and 22 WHEREAS, the County of Orange is desirous of increasing 23 the number of ADDS at JWA in conjunction with the preparation, 24 adoption and implementation of a Master Plan for Airport Develop - 25 ment ( "Master Plan "), a Land Use Compatibility Plan ( "LUCP "), as 26 well as all appropriate environmental documentation, and to do so 27 with the concurrence and support of the City of Newport Beach; 28 and 2 0 0 u 1 2 3 4 5 6 7 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 28 WHEREAS, both the County of Orange and the City of Newport Beach believe that a long -term and binding limitation of commercial ADDs from JWA is desirable; and WHEREAS, both the City and County, in order to ensure that the commitments of each are binding upon future Boads and Councils, desire to embody the commitments of the respective public entities in this Joint Exercise of Powers Agreement, with the understanding that both entities have the powers, the exercise of which are contemplated by this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions stated below, the respective Parties agree as follows: Section 1. Purpose_ This Agreement hereinafter referred to as "Agreement" is made under the provisions of Article 11 Chapter 5, Division 7, Title 1 (commencing with Section 6500 of the Govenment Code of the State of California and is made for the express purpose of: (a) Enabling the City:' and County to engage in activities that would result in the improvement of air passenger service provided for residents of Orange County such as the deve- lopment of new sites for air transportation facilities, and the promotion of commercial air passenger facilities; and (b) Implementing, maintaining and administering, a Noise Control Plan with the terms and conditions specified in Exhibit "A," to protect the health, safety and welfare of persons living in and around John Wayne! Airport; 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Developing implementing and administering a Master Plan for the development and improvement of air transportation facilities and services at John Wayne Airport; (d) Providing for the collective support of an increase, and a limit on the number of ADDS at John Wayne Airport in order to minimize the risk of any possible liability of eith City or County for damages caused by noise caused by aircra overflights. The purposes of this Agreement shall be accomplished, and the powers shall be exercised in the manner set forth below. Section 2. Term The term of this Agreement shall commence upon approval and execution of this document by each of the Parties and shall continue for a period of thirty (30) years or until terminated or amended as provided herein. Section 3. Undertaking of the Parties (a) The County shall take action, to satisfy the demand for air travel in Orange County. Such actions shall include, but not necessarily be limited to, the following: (i) Encourage the residents of Orange County to use existing commercial air facilities, such as Ontario International Airport, by making informa- tion regarding these facilities available to resi- dents of Orange County and by studying and develop- ing means by which travel to those airports could be facilitated. (ii) Conduct site selection studies for commercial 2 • is 1 2 3 4 5 6 7 8 9 111 13 14 15 16 17 18 19 20 21 26 27 28 airport facilities. and select a site for a new air carrier airport convenient to the residents of Orange County, within three (3) years from the effective date of this Agreement. (iii) Actively pursue development of a new air carrier airport to serve a major portion of the County's air travel demand, at the selected site by conducting airport: master plan studies, by conduct- ing economic feasibility studies, by arranging) suitable financing, by forming appropriate institu- tional bodies, by obtaining the requisite permits,) and by attempting to gain the approval of affected jurisdictions by limiting the growth of the new facility through the use of agreements such as this Joint Powers Agreement. The Parties shall complete the necessary steps and begin construction of a new air carrier facility within ten (10) years of the effective date of this Agreement and complete such construction in a timely and expeditious manner. (iv) The County shall budget sufficient funds, or otherwise obtain grants of funds, sufficient to carry out the purposes of Section 3 (a); the City wshall contribute funds to assist County in this effort in accordance with Section 3 (e) (vi). (b) County shall adopt, concurrently with this Agree- ment, a resolution amending the proposed John Wayne Airport "pro- ject" that is to be the subject of the Master Plan, LUCP and the 5 r ;6 t�, t� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 171 18 20 21 22 23 24 25 26 27 28 associated Environmental Impact Report (EIR) such that the project is defined in terms of an increase of, and a limit on, the number of ADDS as outlined in Exhibit "A "; and in terms of an air passenger terminal no larger than 100,000 square feet; and contemplates the selection and development of a new airport site as described in Section 3 (a) of this Agreement. (c) County shall adopt, concurrently with this Agre ment, the Noise Control Plan for John Wayne Airport as set forth on Exhibit "A" to this Agreement and shall maintain and enforce such plan for the term of this Agreement. (d) The County shall conduct the defense of any litiga- tion which challenges the adoption, by the County, of any Master Plan, LUCP or related environmental documentation, prepared by the County with respect to the provisions of this Agreement which call for an increase from 41 ADDS to 55 ADDS at John Wayne Airport. City may assist County, with the prior written consent of County, in the defense of any legal challenge to the adoption of the Master Plan or the EIR. (e) The City shall, for the term of this Agreement: (i) Take no act or action, legal or otherwise, including the expenditure, grant or use of City funds, staff, property or resources, either direct- ly or indirectly, that could or would impair the ability of the County to adopt and /or implement its Airport Master Plan, LUCP Plan, or Environmental or other related documents for John Wayne Airport. (ii) Defend at its sole expense, any litigation 11 • 1 which challenges the validity of this Agreement. 2 The County is permitted, but not obligated, to join 3 with the City in the defense of any challenge to 4 the validity of this Agreement. If County is named 5 as a party or involuntarily joined in any such 6 action, City will reimburse County for all reason- 7 able legal expenses and costs incurred by County in 8 such litigation. City and County shall be jointly 9 and severally liable, with the right of contribu- 10 tion, for any judgment, award, costs or attorney's 11 fees that result from any litigation, commenced by 12 a third party, which challenges the validity of 13 some or all of this Agreement. In the event that 14 any Court orders the County to return, refund or 15 reimburse any money previously granted the County 16 by the United States of America for airport 17 development or improvement, City shall indemnify 18 the County for one =half of the amount. In no 19 event, however, shall City's liability exceed 20 $25,000 per year for the life of this Agreement. 21 (iii) Upon written request of the County, in all 22 actions and requests before local, regional, State 23 or Federal regulatory agencies, to support COUNTY'S 24 adoption and implementation of its Airport Master 25 Plan, LUCP Plan and EIR described above, and to 26 support any request by the County for any permit, 27 variance or other authorization necessary to oper- 28 7 r� r fy 6 �i I ate JWA in a manner that is consistent with this 2 Agreement. The obligation of City to affirmatively 3 support the Airport Master Plan, LUCP Plan, and 4 EIR, does not extend to any provision in the LUCP 5 or EIR that recommends that any action be taken 6 that would facilitate or encourage changes or c 7 versions in the use of land located within t 8 City's adopted sphere of influence existing as of 9 the effective date of this Agreement. The obliga- 10 tion of City to affirmatively support the Airport 11 Master Plan, LUCP Plan, and EIR shall not commence 12 until such time as the undertakings outlined in 13 Section 3(a) (ii) shall have been completed. 14 (iv) City shall obtain, within 60 days from the 15 date of this Agreement, a dismissal of the lawsuit 16 entitled City of Newport Beach v. County of Orange fl7 (O.C.S.C. Case No. 35 31 01). 18 (v) City shall financially participate with the 19 County in the maintenance and operation of the 20 noise monitoring equipment; the City's financial 21 participation will be $10,000.00 per year, payable 22 within 90 days of the effective date of this Agree - 23 ment and each year thereafter. 24 (vi) City shall support, participate in, and assist 25 in funding, the actions of County in selecting new 26 airport site, as required by 3 (a) (ii). However, 27 the financial commitment of City in this regard 28 8 • • • 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be limited to $100,000. With respect to the development of the new airport site as required in Section 3 (a) (iii), the City shall support and partcipate, but is not obligated to budget or otherwise commit funds for such development. (f) The Parties shall study, and recommend to the FAA, changes in flight procedures at John Wayne Airport designed to improve safety of aircraft operations and ensure compliance with designated takeoff patterns. (g) Neither party shall sponsor, propose, or support any legislation or' litigation that is intended to result in a declaration that some or all of this Agreement is invalid. Section 4. Disapproval Rights of the Parties - Notices (a) Except as provided in Section 5 (c) neither Party shall take any action, or forebear from taking any action, con- cerning or affecting this Agreement or the Noise Control Plan for John Wayne Airport, Orange County, without immediately giving written notice of the intended action or inaction to the other Party, and in no event less than thirty (30) days prior to the date on which the action is to be taken. (b) Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the following addresses or to such other address as may be designated for formal notice: City of Newport Beach c/o City Manager P.O. Box 1768 Newport Beach, CA. 92663 -3884 0 r 'i 1C 1] 1� 14 14 1r 1( 1i 1F 1( 2( 2] 2. 2: 24 2° 2( 2, 2£ Orange County Board of Supervisors c/o Clerk of Board of Supervisors Hall of Administration Building P.O. Box 867 Santa Ana, CA 92702 -0687 (c) Within thirty (30) days of written notice of an intended action or forbearance pursuant to subsection (a) or at any time if notice has not been given, a Party may serve, on t. other Party, a written notice of disapproval of the intended action or forbearance. Upon receipt of the notice of disapproval, the Party whose action or forbearance is being dis- approved must immediately abandon the challenged action or in- action if it modifies, is inconsistent with or is prohibited by this Agreement. (d) A notice of disapproval shall not constitute, in and of itself, a cause of action or independent right of action against either party. Section 5. Remedies for Breach of Agreement /Rights of Terminati (a) Except as otherwise provided in this section, this Agreement may be terminated or amended only upon the mutual written consent of the parties. (b) The parties agree that, while some duties and obligation created by this Agreement are to be jointly exercised by the parties, certain provisions of this Joint Powers Agreement anticipate primary performance by one of the parties with the role of the other party limited to support and assistance of the other. This Agreement also provides that the undertakings of the Parties are to be performed at different times, and that the M • r� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 performance of certain of the undertakings, once accomplished, could not be undone. The Parties also understand and agree that this Agreement contemplates the performance of may duties which are special, unique, and that the value of performance cannot be assessed in terms of money or monetary damages. In light of the foregoing, the Parties agree that, in addition to the rights of termination provided City and County, as set forth in subsection (c) and the rights of County as set forth in subsection (d), injunctive relief is the only appropriate and adequate remedy in the event of a material breach as defined in subsection (c) of this paragraph. The parties consent to the jurisdiction of the Orange County Superior Court for any action brought to enforce or interpret -the terms of this Agreement. (c) In the event of a material breach of this Agreement by either party, the other party may, in addition to the remedies provided in subsection (b)„ unilaterally terminate this Agreement. For the purposes of this Agreement, a material breach shall be considered to exist only 'if one of the following events have occurred: (i) The City of Newport Beach has filed any law- suit or pleading challenging either the validity of this Agreement or the right of the County to imple- ment any Master Plan improvement or recommendation that is consistent with this Agreement; (ii) The City of Newport Beach has filed any docu- mentation challenging or opposing the right of the County to implement the Master Plan, or any 11 � 6 1 2 3 4' 5', 6 7 8, 91' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 911 improvement or recommendation thereof with any regulatory or administrative agency which has either the right of review or approval of any im- provement or activity authorized or recommended by the Master Plan or related documents; (iii) Except as otherwise provided in Section (e) (iii) the City of Newport Beach willfully an persistently refuses to either appear before regulatory or administrative bodies after written request to do so by the County, or persistently and willfully fails to suppport, before regulatory and administrative agencies, improvements or activities' recommended by the Master Plan and /or related docu- ment; (iv) The City of Newport Beach willfully, and subsequent to notice of disapproval, fails to comp- ly with its duties and obligations set forth in Section 6, or subparagraph (e) of Section 3 of this Agreement. (v) The County of Oranage rescinds or willfully violates the Noise Control Plan. Violation of the Noise Control Resolution shall mean an increase in the number of ADDS beyond that specified in Exhibit "A," the failure to maintain the curfew, the failure to maintain a Noise Monitoring System as described in Exhibit "A," or the willful failure to employ reasonable efforts to promote aircraft noise 12 0 r 1 U L� 1 2 3 4 5 6 7 8 10 11 12 13 14 15 171 211 271 abatement operations. In the event that any of the duties described are limited, enjoined orli invalidated by any court order, the County, so long as it is in compliance with that order, shall not be considered in breach of this Agreement. (d) In addition to the rights of termination provided in subsection (c), County may, within 20 days from the occurrence of any of the events described below, by giving written notice, unilaterally withdraw from this Agreement if: (i) As a result of a Court action challenging the adoption of the Master Plan, or EIR, any Court Order is entered which enjoins implementation of the Master Plan or any recommendation contained therein and remains in effect for a period of 60 days or more. (ii) City fails to obtain a dismissal, as provided in Section 3 (e)(iv). Section 6. Legal Liability. The Parties expressly acknowledge and agree that they shall be jointly and severally liable for any liability that may arise from entering into this Agreement and one party shall. have the right of contribution against the other. Specifically, the Parties shall be jointly and severally liable for damages resulting from the noise associated with the operation of the Airport. The County of Orange agrees to allow contribution by City of its share of any such liability limited to the rate of no more that $25,000 per year without interest, until City's share is paid in full. Ex- 13 F I�, 4 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 cept as otherwise provided in this Agreement, the Parties agree that the City of Newport Beach shall be indemnified and held' harmless by the County of Orange from any other alleged liability that may arise from the operation of John Wayne Airport. Section 7. Access to Records. City and County, or their authorized representatives, shall, consistent with t� provisions of the Government Public Records Act (Govt. Code Se 6250 et seq.) have access, during normal business hours, to all books, records, contracts and documents, possessed or maintained by the other party, and which may have a bearing on the perfor- mance of either party pursuant to this Agreement or the failure of either party to perform pursuant to this Agreement. Section 8. Notification of Litigation. Each party shall immediately notify the other of any litigation or claim challenging the validity, legality or enforceability of any provision of this Agreement, or the Noise Control Plan (Exhibit "A "). Section 9. Attorney's Fees. If any legal action is brought to enforce the terms of this Agreement, by the parties hereto, the prevailing Party shall be entitled to reasonable attorney's fees in addition to any other relief to which the Party may be entitled. Section 10. Miscellaneous. (a) Section Headings. The section headings herein are for the convenience of the Parties only and shall not be deemed to govern, limit, modify or in any manner affect the scope, mean- ing or intent of the provisions or language of this Agreement. 14 • • 1 2 3 4 5 7 8 9 10 11 12 13 14 15 17 18 20 21 22 23 24 25 26 27 28 (b) Laws of California. This Agreement is made in the State of Claifornia, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State, provided, however, this Agreement shall be, and remain, subject to existing airport grant and transfer agree- ments between the County and the! United States of America as well as assurances heretofore given, by County, to the FAA relating to airport grants. (c) Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision valid, then the provision shall have the meaning which renders it valid. (d) Cooperation. The Parties recognize the necessity, and hereby agree, to cooperate with each other in carrying out the purposes and objectives of this Agreement. (e) Binding and Enforceable. This Agreement shall be binding and enforceable upon and shall inure to the benefit of the successors of the Parties hereto. The enforceability and binding effect of this Agreement shall not be affected by any changes in the membership of the respective governing bodies of the Parties. (f) Integrated Agreement. This Agreement represents the entire understanding of the Parties and supersedes any and all prior or contemporaneous oral or written agreements. Section 11. Retained Rights. Except as limited by this Agreement, this Agreement is not designed, nor shall it be con- 15 r tl� �� 1 2 3 4 5 6 7 8 10111 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 strued or interpreted, to affect the proprietary rights of any Party to this Agreement. Except as limited by this Agreement, the County of Orange shall continue to soley own and operate John Wayne Airport and have the power to develop new airports unaffected by this Agreement. Furthermore, this Agreement shall not be construed to prohibit any Party from applying from accepting any grants, funds or monies for any purpose when the obligations thereunder become the sole obligation of said party. Section 12. Non - Assignability of Participating Interets. The participating rights, titles and interest of any Party to this Agreement shall not be assignable or transferable unless such assignment or transfer is required by law and is not within the control of the Party subject to the assignment or transfer, or is consented to in writing by all Parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, their official seals to be hereto affixed, as of the date first hereinabove written. te: City Clerk M. CITY OF NEWPORT BEACH By: Mayor • 0 • 1 2 3 4 5 7 8 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 27 28 APPROVED AS TO FORM this day of , 1984 ROBERT H. BURNHAM, City Attorney Date: COUNTY OF ORANGE By.: Chairman of the Board ATTEST: By: Clerk of Said Board APPROVED AS TO FORM this day of ADRIAN KUYPER, COUNTY COUNSEL 110 17 1984 f` 4 1 2 3 4 5 6 7 8 9 11 12 13, 14 15 16 17 18 19 211 23 24 25 27 2s EXHIBIT "A" NOISE CONTROL PLAN FOR JOHN WAYNE AIRPORT 1. (a) A limitation on the number of commercial airli flights in terms "Average Daily Departures ", as defined in sub- paragraph (b), and in accordance with the schedule described in subparagraph (c). (b) "Average Daily Departures" (ADDS) are defined as the daily average of the number of takeoff operations occurring during any calendar year by any commercial, air cargo, air taxi, or commuter aircraft. which are operated by any air carrier re- quiring certification by FAR, Part 121, or Part 135 as constitut- ed on the effective date of this Agreement. A departure shall include regularly scheduled, extra section, position, reularly scheduled maintenance, and charter flights, but shall not include pre- authorized mercy and test flights or ferry flights which result from unscheduled mainten- ance, emergency diversion, or formal schedule change. Average Daily Departures" are sub - defined as Class "A," "AA," or "AAA" in relation to mean energy levels measured in accordance with the test procedures outlined in subparagraph (d) below and expressed in terms of Single Event Noise Exposure Levels (SENEL) and A- weighted decibels (db(A)) as defined by Chapter 25 of Title 21, California Administrative Code as follows: M-1 n U • • 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) "Class A." Those commercial aircraft qualify- ing at SENEL levels above 89.5 dB(A) as measured on departure. (ii) "Class AA." Those commercial aircraft qua- lifying at SENEL levels of 89.5 dB(A) or less, but more than 87.0 dB(A) as measured on depar- ture. (iii) "Class AAA." Those comercial aircraft qualifying at SENEL levels of 87.0 dB(A) or less during both departure and landing. (c) The schedule of :Limitations on the number of ADDS is as follows: (i) For the "period commencing on the effective date of this Agreement and continuing for ten (10) years, the total number of ADDS by both Class A and Class AA aircraft shall not exceed fifty -five (55). ADDS by Class AAA aircraft during this first ten -year period shall" not be limited by this Agree- ment. (ii) For the period commencing ten (10) years after the effective date of this Agreement and continuing until twenty (20) years after the effective date of this Agreement, the total number of ADDs by both Class A and Class AA aircraft may increase to not exceed seventy -three (73) as the number of ADDS by Class A aircraft is reduced to forty -one (41) according to the following Schedule: dG] r: j: 1 2' 31 4 5 6 31 1111 13 14 15 16' 17 18 19, 20 21 22 23 24 25 26 27 28 AVERAGE DAILY DEPARTURES Class A Class AA Total 55 0 55 54 2 56 53 4 57 52 7 59 51 9 60 50 11 61 49 13 62 is 16 64 47 18 65 46 20 66 45 22 67 44 25 69 43 27 70 42 29 71 41 32 73 ADDs by Class AAA aircraft during this second ten - year period shall not be limited by this Agreement. (iii) For the period commencing twenty (20) years after the effective date of this Agreement and con- tinuing until thirty (30) years after the effective date of this Agreement, the total number of ADDs by both Class A and Class AA aircraft may exceed seven- ty -three (73) only if the number of ADDs by Class A aircraft is 41 or less. If the number of ADDs by Class A aircraft is more than 41, then the schedule contained in subparagraph (ii) above shall be followed. If the number of ADDs by Class A aircraft is 41 or less, then the number of ADDs by Class AA aircraft shall not be limited by this Agreement. The number of Class AAA aircraft during this third ten -year period shall not be limited by this Agree- ment. 20 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 20 21 22 23 24 25 27 23 (d) Aircraft models shall be classified as Class A, Class AA, or Class AAA in accordance with the following testy procedures: (i) Noise levels shall be measured at each of the monitoring station's (shown on Exhibit 11111) regularly maintained by the County of Orange on the effective date of this Agreement. (ii) Aircraft models to be classified as either "A" or "AA" need only be tested during departure Air- craft models to be! classified as "AAA" must also be tested during arrival. (iii) A demonstration series of at least five (5) flights shall be conducted under the administration' of the Airport Manager, with the flights to be con- ducted under the following conditions: (aa) Aircraft shall depart (or arrive to be classified as Class AAA) at standard operating gross weight:; and (bb) Aircraft shall utilize takeoff (or land- ing to be classified as Class AAA) procedures to be used in normal operations (using Runway 19 Right); and (cc) Flight crew action shall be monitored by flight deck observer on each flight. (iv) An aircraft model shall be classified as eith- er "A," "AA," or "AAA" in accordance with the stan- dards set forth in subparagraph (b) above, as follows: 21 I, I1 � I � I' 1 2 3 4 5 61 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) At each monitoring station the mean energy level (expressed in dB(a) SENEL) of the five test flights, shall be calcu- lated; b) The classification of the aircraft shall be based upon the highest mean energy level registered at any i4i station; (v) Once classified, an aircraft model will retain) that classification only if, based upon quarterly noise reports, the mean energy level of all fligths at each monitoring station, satisfies the criteria for that classification. 2. The curfew in effect at the airport on the date of this Agreement shall be maintained. This curfew prohibits air- craft departures between 10:00 P.M. and 7:00 A.M. (8:00 A.M. on Sundays) and prohibits aircraft arrivals between 11:00 P.M. and 7:00 A.M. This curfew shall apply only to those types of air- craft which exceed at any existing monitoring station a mean) energy noise level of 89.5 dB(A) SENEL. 3. Noise Monitoring Equipment equal to the standards contained in Title 21, Chapter 25 of the California Administra- tive Code, as they exist as of the effective date of this Agree- ment, with remote monitoring stations and a central computer tabulating system, shall be maintained. All reasonable efforts shall be employed by County to promote the use of the most effi- cient noise abatement aircraft operational procedures and to promote use of the airport by only those aircraft which do not exceed, at any existing monitoring station, a mean energy noise level of 100.0 dB(A) SENEL 22 •