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
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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
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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
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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;
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(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
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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
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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
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which challenges the validity of this Agreement.
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The County is permitted, but not obligated, to join
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with the City in the defense of any challenge to
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the validity of this Agreement. If County is named
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as a party or involuntarily joined in any such
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action, City will reimburse County for all reason-
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able legal expenses and costs incurred by County in
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such litigation. City and County shall be jointly
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and severally liable, with the right of contribu-
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tion, for any judgment, award, costs or attorney's
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fees that result from any litigation, commenced by
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a third party, which challenges the validity of
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some or all of this Agreement. In the event that
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any Court orders the County to return, refund or
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reimburse any money previously granted the County
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by the United States of America for airport
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development or improvement, City shall indemnify
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the County for one =half of the amount. In no
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event, however, shall City's liability exceed
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$25,000 per year for the life of this Agreement.
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(iii) Upon written request of the County, in all
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actions and requests before local, regional, State
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or Federal regulatory agencies, to support COUNTY'S
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adoption and implementation of its Airport Master
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Plan, LUCP Plan and EIR described above, and to
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support any request by the County for any permit,
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variance or other authorization necessary to oper-
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ate JWA in a manner that is consistent with this
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Agreement. The obligation of City to affirmatively
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support the Airport Master Plan, LUCP Plan, and
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EIR, does not extend to any provision in the LUCP
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or EIR that recommends that any action be taken
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that would facilitate or encourage changes or c
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versions in the use of land located within t
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City's adopted sphere of influence existing as of
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the effective date of this Agreement. The obliga-
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tion of City to affirmatively support the Airport
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Master Plan, LUCP Plan, and EIR shall not commence
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until such time as the undertakings outlined in
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Section 3(a) (ii) shall have been completed.
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(iv) City shall obtain, within 60 days from the
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date of this Agreement, a dismissal of the lawsuit
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entitled City of Newport Beach v. County of Orange
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(O.C.S.C. Case No. 35 31 01).
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(v) City shall financially participate with the
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County in the maintenance and operation of the
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noise monitoring equipment; the City's financial
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participation will be $10,000.00 per year, payable
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within 90 days of the effective date of this Agree -
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ment and each year thereafter.
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(vi) City shall support, participate in, and assist
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in funding, the actions of County in selecting new
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airport site, as required by 3 (a) (ii). However,
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the financial commitment of City in this regard
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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
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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
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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
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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
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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-
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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.
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(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-
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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
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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
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1984
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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:
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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
•