CONTRACT 3562 Settlement Agreement356'. ,
STIPULATED SETTLEMENT
This Stipulated Settlement (this "Settlement ") is made and entered into as of this ��day of
Z 2e65; by and among Petitioners City of El Segundo ( "El Segundo "), City of
Inglewoo ( "Inglewood "), City of Culver City ( "Culver City "), County of Los Angeles (the
"County "), and Alliance for a Regional Solution to Airport Congestion ( "ARSAC ") and
Respondents Los Angeles World Airports ( "LAWA "), City of Los Angeles, Los Angeles City
Council, Mayor of the City of Los Angeles, and the Los Angeles Board of Airport Commissioners
( "BOAC "). This Settlement is entered into by the Parties for the purpose of resolving the litigation
filed by Petitioners challenging Respondents' approval of the LAX Master Plan Program. This
Settlement is intended to serve in lieu of any determination by the Court as to the merits of
Petitioners' allegations, and, upon execution of this Settlement by all Parties, the Parties shall
request, pursuant to Code of Civil Procedure section 664.6, that the Court (a) dismiss all causes of
action brought by Petitioners challenging the LAX Master Plan Program and (b) retain jurisdiction
over this case solely for the purpose of enforcing the mutual obligations incurred by the Parties as
specified by the enforcement provisions in this Settlement.
RECITALS
A. Los Angeles International Airport ( "LAX ") is the primary commercial air transportation hub of
the Los Angeles region. LAX is owned and operated by the City of Los Angeles, whose BOAC
oversees the policy, management, operation and regulation of LAX. The Executive Director and
the staff of LAWA administer the day -to -day operations of LAX under the direction of BOAC.
B. LAWA has sought for a number of years to improve and modemize LAX. Commencing in
1994, LAWA undertook the drafting of a new LAX Master Plan to serve as a conceptual framework
for future improvements at LAX. In 1997, LAWA and the FAA initiated the preparation of an
Environmental Impact Statement/Environmental Impact Report ( "EIS/EIR ") to evaluate the
potential environmental effects of each alternative being considered for the LAX Master Plan.
C. Petitioners have long been concerned about the ongoing and projected impacts of LAX
operations on traffic, noise, air quality, human health risks and the quality of life in communities
surrounding LAX. During the public review period for the EIS /EIR, Petitioners submitted
extensive comments on issues including mitigation measures to offset the potentially significant
environmental effects of the LAX Master Plan. Petitioners' comments also addressed the need to
limit future growth of activity at LAX in conjunction with a broad regional effort to satisfy growing
air transportation demand at other airports in the Southern California region.
D. LAWA has indicated that in response to public comments and in light of the greatly elevated
issue of airport security following the events of September 11, 2001, LAWA formulated an LAX
Master Plan alternative, Alternative D, to be considered within the range of options for the LAX
Master Plan. LAWA has indicated that Alternative D was designed to accommodate passengers
and cargo activity levels at LAX comparable to activity levels that would likely result without any
LAX Master Plan improvements, thereby encouraging other airports in the region to absorb a
greater share of the regional demand. LAWA has indicated that Alternative D was also designed
with an emphasis on airport safety and security.
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E. On or about December 7, 2004, the Los Angeles City Council approved the LAX Master Plan
(Alternative D), the LAX Plan, the LAX Specific Plan, and related entitlements. The LAX Plan is
the Los Angeles' general plan for the airport, setting out goals, policies, objectives and programs for
the long -term development and use of the airport. The LAX Specific Plan provides a procedural
mechanism by which the broad goals and objectives of the LAX Plan will be achieved.
F. In January of 2005, Petitioners filed lawsuits challenging the approval of the LAX Master Plan
Program and the Final EIR under CEQA in State Court against, among others, the City of Los
Angeles, the Los Angeles City Council, the Mayor of the City of Los Angeles, LAWA and BOAC.
In July of 2005, El Segundo, Inglewood, Culver City and the County filed lawsuits challenging the
ROD under NEPA and the Clean Air Act in the Ninth Circuit Court of Appeals.
DEFINITIONS
As used in this Settlement, the following capitalized terms will have the following meanings. All
definitions include both the singular and plural form.
"Aircraft Noise Mitigation Program" or "ANMP" means the noise mitigation program operated
by LAWA in accordance with the Land Use Mitigation Program as adopted by Board Resolution
No. 21481.
"Airport Layout Plan" means the narrative description and graphic depiction of existing and
proposed airport layouts for runways, roadways, parking, and other airport facilities at LAX, as
approved by the FAA's Record of Decision.
"Alternative D" means the LAX Master Plan Alternative D as described and evaluated in the LAX
Master Plan EIR.
"ALUC" means Los Angeles County Airport Land Use Commission.
" Avigation Easement" means an easement that conveys the right to subject a property to noise,
vibrations, fumes, smoke, fumes and soot, and other effects which are inherent in the operation of
aircraft.
"Board of Airport Commissioners" or "BOAC" means the head of the Los Angeles Department
of Airports created under Charter Section 600 et seq.
"CEQA" means the California Environmental Quality Act.
"FAA" means the Federal Aviation Administration.
"General Fund" means the City of Los Angeles fund for deposit of general receipts which are not
restricted, such as property, sales and business taxes and various fees; also functions as a set of
subfunds (primarily by departments) to track appropriations and expenditures.
"LAX Master Plan" means the document approved by the Los Angeles City Council on or about
December 7, 2004 as a conceptual strategic framework for future improvements at LAX through
2015.
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"LAX Master Plan EIR" means the Final Environmental Impact Report (State Clearinghouse No.
1997061047) for the LAX Master Plan Program, dated April 2004, as supplemented by four
Environmental Impact Report Addenda prior to certification of the Environmental Impact Report by
the Los Angeles City Council on December 7, 2004.
"LAX Master Plan EIS" means the Final Environmental Impact Statement approved by the FAA
in connection with its approval of the Airport Layout Plan in May of 2005.
"LAX Master Plan EIS/EIR" means the LAX Master Plan EIS and the LAX Master Plan EIR.
"LAX Master Plan Program" means the entire program that comprises the approval by both the
Los Angeles City Council and the FAA in its ROD, and subsequent implementation of Alternative
D, including the initial approval of all entitlements and other actions in conjunction with the Los
Angeles City Council's approval of the LAX Master Plan, including, but not limited to, the
following:
• LAX Master Plan;
• LAX Plan;
• LAX Specific Plan;
• Other associated general plan amendments;
• LAX Zone and zone changes;
• Tentative Tract Map Nos. 54407, 54408 and 54409;
• LAX Master Plan EIS /EIR;
• Mitigation Monitoring and Reporting Program for the LAX Master Plan;
• CEQA Findings;
• Statement of Overriding Considerations;
• Land Use Findings;
• Conceptual Approval of the Draft Relocation Plan;
• Airport Layout Plan;
• ROD for the Airport Layout Plan;
• ALUC Override Findings;
• ALUC inconsistency determination override approvals; and
• ALUC "impasse" appeal process and determination.
The LAX Master Plan Program includes subsequent LAWA, BOAC, and/or Los Angeles City
Council approvals of all entitlements and other actions for any of the specific project components
and activities that implement Alternative D.
"LAX Plan" means the City of Los Angeles' general plan component for LAX, setting out goals,
policies, objectives and programs for the long -term development and use of the airport consistent
with the vision established by the LAX Master Plan Program.
"LAX Specific Plan" means Ordinance No. 176345, adopted by the Los Angeles City Council on
December 14, 2004, which establishes zoning and land use regulations and procedures for the
processing of future specific projects and activities that are anticipated under the LAX Master Plan
Program.
"Los Angeles World Airports" or "LAWA" means the Los Angeles Department of Airports
created under Charter Section 600 et seq..
"NEPA" means the National Environmental Policy Act.
"Petitioners" means El Segundo, Inglewood, Culver City, the County, and ARSAC.
"Party " means any Petitioner or any Respondent.
"Record of Decision" or "ROD" means the FAA's record of decision for the proposed LAX
Master Plan, dated May 20, 2005, as well as all documents supporting or relied on for the FAA's
record of decision approving the Airport Layout Plan, including, but not limited to, the agency
actions constituting the basis for the Clean Air Act general conformity determination, the
Endangered Species Act biological opinion of no jeopardy, and the Coastal Zone Management Act
consistency determination and consistency certification.
"Released Claims" mean any and all state and/or federal law based suits, petitions, claims or
causes of action challenging the sufficiency or legal validity of the LAX Master Plan Program, the
Tom Bradley International Terminal Improvement Project, the In -Line Baggage Screening
Implementation Project, and/or the associated environmental documents for those projects.
Notwithstanding the foregoing, the Released Claims shall not include any state law based suits,
petitions, claims or causes of action challenging the sufficiency or legal validity of the Yellow Light
Projects. For purposes of clarification, the Released Claims include, but are not limited to, any and
all claims challenging the South Airfield Improvement Project and the West Satellite Concourse.
"Respondents" mean the City of Los Angeles, the Los Angeles City Council, the Mayor of the
City of Los Angeles, LAWA and BOAC.
"Yellow Light Projects" for the purposes of this Settlement mean:
(a) Development of the Ground Transportation Center ( "GTC "), including the baggage
tunnel, associated structures and equipment;
(b) Construction of the Automated People Mover ( "APM ") from the GTC to the Central
Terminal Area ( "CTA "), including its stations and related facilities and equipment;
(c) Demolition of CTA Terminals 1, 2 and 3;
(e) Reconfiguration of the north airfield as contemplated in the LAX Master Plan,
including center taxiways; and
(f) Improvements to on -site roadways associated with (a) and (b) above.
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STIPULATED SETTLEMENT PROVISIONS
NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings
set forth in this Settlement and other consideration, the receipt and adequacy of which the Parties
acknowledge, the Parties stipulate and agree as follows:
SECTION I. SETTLEMENT OVERVIEW
A. No Admission of Liability. This Settlement is entered into by the Parties without any
admission of liability by any Party.
B. Recitals True and Correct. The above recitals are true and correct and are incorporated as a
part of this Settlement.
C. Mutual Consideration. The commitment by each of Petitioners to abide by the terms of this
Settlement is consideration for LAWA's commitment to abide by the terms of this Settlement.
LAWA's commitment to abide by the terms of this Settlement is consideration for the commitment
by each of Petitioners to abide by the terms of this Settlement.
D. Term of Settlement. This Settlement shall be operative from the date of its approval by the
Parties through December 31, 2015, except that this Settlement's passenger gate provisions set forth
in Section IV shall be operative through December 31, 2020.
E. No City Expenditure Required. Under no circumstances may any of LAWA's obligations
under this Settlement require any expenditure from the City's General Fund or any other City -
controlled source of funds, except LAWA funds.
F. Regulation of LAX. The Parties acknowledge that the operation of LAX is regulated by state
and federal legislation. The intention of the Parties is that this Settlement complies with all
applicable state and federal legal requirements, including requirements imposed by the FAA and
other regulatory authorities. The Parties, recognizing the significance of the FAA's involvement in
this process, pledge their full support and cooperation to endorse and implement the terms of this
Settlement subject to FAA approval.
G. FAA and Other Regulatory Determinations. Notwithstanding any provision of this
Settlement, LAWA shall not be required to take any actions or to expend any funds (i) that are
prohibited or disapproved by an FAA determination or any other regulatory agency or (ii) for which
the FAA or any other federal agency makes a determination that the actions or fund expenditures
will result in withholding or demand for remittance of federal funds. When such a determination is
made, LAWA shall fulfill requirements of this Settlement consistent with the FAA determination
and the determination of any other regulatory agency. Prior to execution of this Settlement, the
Parties, cooperating and working together, sought and obtained the FAA's review and written
statement regarding the effect of the passenger gate provisions set forth in Section IV on FAA's
environmental obligations and matters under FAA's statutory authority ( "Statement "). Based on
such review, the FAA did not object to the passenger gate provisions set forth in Section IV.
H. Rescission of Impasse Appeal Proceeding. The City of El Segundo and the County of Los
Angeles shall request that the Los Angeles County Airport Land Use Commission rescind its April
20, 2005 decision upholding the "impasse" administrative appeals regarding the LAX Master Plan
Program. All of LAWA's obligations to perform under this Settlement are conditioned on the Los
Angeles County Airport Land Use Commission's prior rescission of its April 20, 2005 decision.
Petitioners shall promptly notify LAWA of such rescission.
SECTION II. DISMISSAL OF PENDING ACTIONS AND RELEASE OF CLAIMS
A. Dismissal of Pending Actions. Upon execution of this Settlement by all Parties, Petitioners
shall thereupon dismiss with prejudice any pending judicial and/or administrative proceedings
including (i) the consolidated litigation challenging the LAX Master Plan Program in Riverside
County Superior Court (Case No. RIC 426822), (ii) the federal litigation in the Ninth Circuit Court
of Appeals (Case Nos. 05 -74051 and 05- 74272), and (iii) any action that may have been initiated
challenging the South Airfield Improvement Project. Upon execution of this Settlement by all
Parties, the Parties shall request that the Riverside County Superior Court (a) dismiss all causes of
action brought by Petitioners challenging the LAX Master Plan Program and (b) retain jurisdiction
over this case solely for the purpose of enforcing the mutual obligations incurred by the Parties as
specified by the enforcement provisions in this Settlement set forth in Section XIII. For all such
further purposes, the Parties shall request that the individual cases filed by the various Petitioners
shall be consolidated.
B. Release of Claims. Upon execution of this Settlement by all Parties, Petitioners shall thereupon
waive, release, and forever discharge Respondents and the FAA from all Released Claims in full
and final settlement of the Released Claims. The Parties intend and agree that this Settlement shall
be effective as a full and final accord and satisfaction and general release of and from all Released
Claims. In furtherance thereof, each Party acknowledges that it is familiar with Section 1542 of the
Civil Code of the State of California, which provides as follows:
"A general release does not extend to claims which the creditor did not know or
suspect to exist in his favor at the time of executing the release, which if known by
him, must have materially affected his settlement with the debtor."
Except as otherwise specifically set forth in this Settlement, Petitioners waive any and all rights
they have or may have under California Civil Code Section 1542 and /or any successor section to it
with respect to the Released Claims. In connection with this waiver, Petitioners acknowledge that
they are aware that they may hereafter discover claims presently unknown or unsuspected or facts in
addition to or different from those that they now know or believe to be true with respect to the
subject matter of this Settlement. Nevertheless, Petitioners intend by this Settlement, and with and
upon the advice of their own independently selected counsel, to release fully, finally and forever all
Released Claims. In furtherance of such intention, the releases set forth in this Settlement shall be
and shall remain in effect as full and complete releases notwithstanding the discovery or existence
of any such additional or different claims or facts relevant hereto.
C. Covenant Not to Bring Any Released Claims. Petitioners will not directly or indirectly file,
prosecute, bring, encourage, participate in, facilitate or advance any suit, claim or legal action of
any kind against Respondents or the FAA based upon any Released Claims. Petitioners covenant
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against filing any administrative proceedings and to dismiss or cause to be dismissed any
administrative proceedings and /or appeals already brought as of the date of this Settlement.
D. Defense Against Released Claims. This Settlement may be pleaded as a defense to, and may
be used as the basis for an order of specific performance ordering the dismissal by Petitioners of any
Released Claims in any judicial or administrative proceeding against Respondents or the FAA.
SECTION III. FAA DETERMINATION REGARDING LAWA EXPENDITURES
In order to secure an FAA approval or FAA determination regarding LAWA's funding of the
provisions and /or mitigation measures set forth in this Settlement:
A. Prior to any LAWA expenditure under this Settlement, LAWA may prepare and present a letter
to the FAA requesting an advisory opinion on whether the proposed expenditure is an acceptable
use of airport revenues under federal statutes, regulations and FAA policy guidance. The letter may
request an expedited decision by the FAA and that, if the FAA determines that the use of airport
revenue for a specific program or programs is not acceptable, the FAA include in its written
advisory opinion the grounds upon which the Agency has made this determination.
B. If the FAA's advisory opinion indicates that use of airport revenues for any particular LAWA
program or action would constitute revenue diversion or other impropriety, then LAWA, with
Petitioners' consent, shall in good faith revise the language of this Settlement in order to meet the
FAA criteria. LAWA is not obligated to obtain the consent of any Petitioner that would not be
materially benefited by the provisions and/or mitigation measures subject to revision. If the
proposed expenditure cannot be made consistent with FAA criteria, LAWA will have no further
obligation to make such expenditure.
SECTION IV. PASSENGER GATE PROVISION
A. LAX currently has 163 total passenger aircraft gates available for loading and unloading of
passengers during scheduled aircraft operations. Gates are defined as specific locations where
passengers are enplaned and deplaned. Except as provided in Subsection B.1 below, LAWA will
operate no more than 163 passenger gates at LAX throughout the term of this Settlement. As noted
in the FAA's Record of Decision for the Proposed LAX Master Plan Improvements ( "ROD ") (May
20, 2005) on page 17, one objective of the LAX Master Plan is to improve the efficiency of
passenger operations while also, "encouraging, but not requiring, other airports in the Los Angeles
Basin to increase capacity." According to the ROD "[t]his is accomplished by restricting the
overall availability of gates where passengers will board and exit an aircraft." The FAA's ROD
identifies a number of projects that comprise the LAX Master Plan and notes that these
improvements will be implemented in phases. Appendix C of the ROD lists the proposed project
phasing and notes that, "[t]he listing of these projects is not necessarily the order in which these
projects may be implemented." The following minimum criteria will be used by LAWA to
implement the proposed LAX improvements in a timely manner in order to achieve the local and
regional benefits described in the LAX Master Plan and in the ROD while also maintaining LAX's
operational efficiency.
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B. With respect to passenger gates at LAX, LAWA will accomplish the following:
1. Having received the FAA's Statement regarding the effect of this provision on FAA's
environmental obligations and matters under FAA's statutory authority, and consistent
therewith, commencing in 2010, LAWA will discontinue passenger operations at two
narrow body equivalent gates ( "NBEG ") per year at LAX until LAWA has discontinued
passenger operations by a total of 10 NBEG. By December 31, 2015, the total number of
passenger gates (including remote gates) shall be reduced to no more than 153 passenger
gates. These reductions will be achieved through the build out of improved contact
passenger gate facilities and the elimination of remote gate facilities as approved in FAA's
ROD. Implementation of this Settlement will not restrict access at LAX to levels below
those disclosed in FAA's Final EIS and ROD for the No Action and the approved project
scenario in 2015.
2. If LAWA discontinues passenger operations at any gate during the period of time before
2010, LAWA shall receive an NBEG credit which may be used to offset any obligations to
reduce NBEG at any time during this Settlement, and LAWA shall also receive an NBEG
credit for any annual NBEG reduction after 2009 in excess of two NBEG, such that LAWA
will not be required to reduce the existing number of NBEG by more than a total of 10
NBEG.
C. Subsection B.1 above shall not apply if either (1) total passenger operations at LAX are below
75 million annual passengers or (2) the LAX Master Plan Program is substantially revised pursuant
to the LAX Specific Plan Amendment Process such that the total number of gates is reduced to 153
or less.
D. Subsection B.1 above shall not apply either (1) during cases of emergency as declared by
LAWA's Executive Director or a duly authorized law enforcement official or (2) during peak
periods of passenger activity when LAWA needs operational flexibility to use additional gates, but
under no circumstances shall LAWA exceed the NBEG requirement of Subsection B on more than
30 calendar days per year for such peak periods.
E. Subsection B.1 above shall not apply to general aviation flights, charter flights, presidential
flights, cargo flights, military flights or any other unscheduled passenger activity at LAX.
F. LAWA shall determine which combination of gates is to be operated at any given time, and
shall, upon determining to change which gates are to be non - operational, notify Petitioners of such
changes. No more than four times per year total, Petitioners shall have the right to conduct physical
inspections at LAX to verify LAWA compliance with this Section IV. Petitioners shall provide
LAWA with reasonable written notice of their intent to inspect, no less than 24 hours prior to the
proposed inspection, to the office of the Deputy Executive Director of the Office of Quality and
Compliance. LAWA shall provide Petitioners' representative with the appropriate security
clearance and on- airport transportation to conduct such physical inspections.
G. The Parties agree that the West Satellite Concourse and associated Automated People Mover
segments shall no longer be subject to the "yellow light" provisions of the LAX Specific Plan. To
effectuate this change, the City of Los Angeles may amend the LAX Specific Plan to delete subpart
(d) of Section TH.1. If requested, Petitioners will support this amendment to the LAX Specific
Plan.
SECTION V. LAX SPECIFIC PLAN AMENDMENT STUDY PROCESS
A. Within 60 days of the date of this Settlement, LAWA will commence the LAX Specific Plan
Amendment Study Process as identified in Section 7.H of the LAX Specific Plan approved by the
Los Angeles City Council on December 14, 2004. In approving the LAX Specific Plan, the Los
Angeles City Council required a Specific Plan Amendment Study be undertaken at certain decision
points in the LAX Master Plan implementation process (see Section TH.1, 7.11.2, and 7.11.3 of the
LAX Specific Plan). However, the City Council did not provide detailed requirements for the
conduct of the Specific Plan Amendment Study. The intent of this section of the Settlement is to
provide a clear definition of the nature, scope, timing and procedural elements of the LAX Specific
Plan Amendment Study that will be performed in fulfillment of Section 7.H of the LAX Specific
Plan.
B. During an initial phase, LAWA will undertake such tasks as selecting a contractor and preparing
a budget and scope of work for an LAX Specific Plan Amendment Study. LAWA will make a good
faith effort to complete the initial phase within six months of the commencement date.
C. Upon the completion of the initial phase, LAWA will prepare a proposed LAX Specific Plan
Amendment Study and prepare all necessary environmental documents. LAWA will make a good
faith effort to complete the LAX Specific Plan Amendment Study Process within 24 months of the
commencement date of this second phase. The LAX Specific Plan Amendment Study will,
consistent with previous local and federal approvals, identify Specific Plan amendments that plan
for the modernization and improvement of LAX in a manner that is designed for a practical capacity
of 78.9 million annual passengers while enhancing safety and security, minimizing environmental
impacts on the surrounding communities, and creating conditions that encourage airlines to go to
other airports in the region, particularly those owned and operated by LAWA.
D. To fulfill the intent of Section TH of the LAX Specific Plan, LAWA will focus the LAX
Specific Plan Amendment Study on the following:
1. Potential alternative designs, technologies, and configurations for the LAX Master Plan
Program that would provide solutions to the problems that the Yellow Light Projects were
designed to address consistent with a practical capacity of LAX at 78.9 million annual
passengers (the "Alternative Projects "). The West Satellite Concourse and associated
Automated People Mover segments shall not be considered Yellow Light Projects for the
purposes of this Settlement.
2. Security, traffic and aviation activity of such alternative designs, technologies, and
configurations for the Alternative Projects.
3. Potential environmental impacts that could result from replacement of the Yellow Light
projects with the Alternative Projects, and potential mitigation measures that could provide a
comparable level of mitigation to that described for the Yellow Light Projects in the LAX
Master Plan Program EIR.
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E. The Parties agree that LAWA shall have discretion to determine an appropriate methodology to
conduct the LAX Specific Plan Amendment Study. The LAX Specific Plan Amendment Study will
be prepared pursuant to CEQA and may, in consultation with FAA, also be prepared to comply with
applicable federal environmental laws.
F. While the LAX Specific Plan Amendment Study is being processed, LAWA may continue to
process and develop projects that are not Yellow Light Projects, consistent with the LAX Specific
Plan Compliance Review procedures.
G. The environmental review of potential traffic impacts for the Alternative Projects will be
conducted in consultation with all affected local jurisdictions and the Los Angeles Department of
Transportation ( "LADOT "). After LAWA has determined the appropriate scope of the traffic study
in consultation with all affected local jurisdictions and LADOT, LAWA will provide Petitioners
with a list of the intersections /roadways that LAWA plans to analyze for the LAX Specific Plan
Amendment Study. The Parties agree that Petitioners may elect to add a maximum of 15
intersections to the traffic study. For any new significant traffic impact that is identified as a result
of the traffic study, LAWA will propose feasible mitigation measures, if any, to mitigate the
potentially significant impact. If, as the result of the LAX Specific Plan Amendment Study, an
LAX Specific Plan Amendment is approved by the Los Angeles City Council, LAWA shall fund or
diligently seek funding for the applicable mitigation measures and will implement them as quickly
as feasible pursuant to a phasing plan. Where LAWA is not the implementing agency, LAWA will
contribute its fair share for each mitigation measure to the implementing agency.
H. Should the Los Angeles City Council approve at a future time an LAX Specific Plan
Amendment, LAWA will be required to seek FAA review and approval of, at a minimum, changes
to the LAX Airport Layout Plan. LAWA will seek such review and approval from FAA. FAA has
made clear in its Record of Decision for the LAX Master Plan Program that any such future
decision by the Los Angeles City Council to amend any aspect of the project approved in FAA's
Record of Decision will require further review by FAA of the proposed changes and compliance
with all applicable federal laws, including NEPA and the conformity requirements under the Clean
Air Act.
I. The evaluation of security for the Alternative Projects will be conducted in consultation with
security experts. LAWA will select appropriate security experts in consultation with Petitioners.
J. An LAX Specific Plan Amendment Process Advisory Committee shall be created consisting of
representatives of the City of Los Angeles, County of Los Angeles, El Segundo, Inglewood, Culver
City, and ARSAC. LAWA shall consult with the Committee during each significant step of the
LAX Specific Plan Amendment Process.
SECTION VI. FUNDING OF ADDITIONAL MITIGATION MEASURES
LAWA will fund the cost of implementing the measures set forth in Exhibit A to mitigate the
impacts of LAX and its operations, so long as the FAA approves the use of airport revenue funds
for this purpose pursuant to Section III.
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SECTION VII. REGIONAL AIRPORT WORKING GROUP
LAWA shall invite the FAA, the Southern California Association of Governments ( "SCAG "), the
Counties of Los Angeles, Orange, Ventura, Riverside, and San Bernardino, and airport operators in
the Los Angeles Region to participate in a regional airport working group to discuss and make
recommendations regarding current and future plans to achieve a regional distribution of air traffic
demand. The regional working group will consider a common framework for coordinating all
airport master planning and facility construction consistent with the adopted SCAG Regional
Aviation Plan. For the purposes of encouraging, coordinating and effectuating a regional approach
to Southern California's air transportation needs, the regional working group shall consider: (1)
coordinating with the Southern California Regional Airport Authority, or its successor; (2) the
feasibility of entering into a joint powers agreement to create a regional airport authority; and/or (3)
supporting legislative efforts to create such an authority. Notwithstanding the formation of the
regional working group, the potential formation of a joint powers authority or any other aviation
authority, LAWA and the City of Los Angeles will maintain financial and operational control of
LAX, Ontario International Airport, Palmdale Regional Airport, and Van Nuys Airport.
SECTION VIII. REGIONAL STRATEGIC PLANNING
LAWA shall develop a regional strategic planning initiative to encourage the growth of passenger
and cargo aviation activity at underutilized LAWA -owned commercial airports in the region
(currently Ontario International Airport and Palmdale Regional Airport). The regional strategic
planning initiative will be prepared annually and will describe potential marketing strategies,
potential opportunities for increased utilization of under - utilized facilities, and other techniques by
which LAWA can coordinate and support regional strategic planning for LAWA -owned
commercial airports within the region. The first regional strategic planning initiative will be
prepared by December 31, 2006.
SECTION IX. OUTREACH TO AIRPORT NEIGHBORS
LAWA shall join a Working Group with ARSAC and Council District 11, seeking input from other
Petitioners, airport neighbors, and interested parties, to make recommendations to BOAC on how
LAWA can improve and better coordinate efforts to hear from and address the concerns of airport
neighbors.
The objectives of the Working Group shall be to make recommendations that facilitate:
Obtaining information from LAWA and LAX projects and programs, and
communicating them to the communities surrounding LAX in an effective and
understandable form, including through the use of articles. in local newspapers,
information on a website, and the use of leaflets;
Identifying concerns of the surrounding communities about LAX operations and
communicating them effectively to LAWA;
Coordinating with various LAWA staff with responsibilities for responding to
community complaints, such as noise, and assuring that the community concerns are
addressed; and
II
Working with the surrounding communities, LAWA, and locally elected officials in
attempting to resolve LAX - related problems experienced by the communities.
The Working Group shall review the position of stakeholder liaison as well as other LAWA
community outreach functions, and make structural recommendations, including proposed LAX
Specific Plan amendments, to BOAC and the Los Angeles City Council, as appropriate.
SECTION X. AVIGATION EASEMENTS
A. Except as provided in Subsection B below, LAWA shall not require the dedication of avigation
easements, noise easements, easements of right -of -way, or any other easements (collectively
"easements ") in return for funding of, or participation in, the residential acoustical treatment portion
of LAWA's Airport Noise Mitigation Program.
B. Where applicable sections of the California Airport Noise Standards (Cal. Code Regs. tit. 21,
section 5000 et seq.) deem acoustical treatments alone insufficient to convert residential land uses to
compatibility with airport operations, the following conditions apply:
1. In the case of residences constructed on or after January 1, 1989, LAWA may require the
dedication of an easement in return for acoustical treatment funding from LAWA.
2. In the case of residences constructed before January 1, 1989 exposed to a noise level of
75 dB CNEL or above, and having an exterior normally cognizable private habitable area
such as a backyard, patio or balcony, LAWA may condition the provision of acoustical
treatment funding from LAWA on the property owner's agreement to LAWA's acquisition
of an easement for Fair Market Value. LAWA's Fair Market Value valuation and good faith
negotiations with eligible property owners will be in compliance with the provisions of the
federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR
.Part 24). In the event that the parties cannot agree on the value of the easement through
these negotiations, LAWA may require the dedication of an easement in return for
acoustical treatment.
3. Under those circumstances in which LAWA requires the dedication of an easement in
return for acoustical treatment pursuant to Subsections B.1 and B.2 above, LAWA shall
require the dedication of a noise easement in substantially the form attached as Exhibit B, to
the extent that the California Department of Transportation accepts the use of such noise
easement in lieu of an avigation easement to render incompatible land uses to compatible
land uses under the California Airport Noise Standards. If the California Department of
Transportation determines that a noise easement is insufficient for the purpose described
above, LAWA may require an avigation easement or any other easement. Under those
circumstances in which LAWA acquires an easement through good faith negotiations as
provided in Subsection B.2 above, LAWA may acquire any type of easement from the
property owner.
C. All homeowners receiving LAWA provided or funded acoustic insulation will be required to
provide to the local jurisdiction, among other things, authorization to proceed with the installation, a
written acknowledgement that the homeowner is aware of the proposed level of noise reduction, and
12
3562 . .
after installation, acknowledgement that the improvements have been installed and meet an interior
CNEL due to aircraft noise of 45 dB or less in all habitable rooms per California Airport Noise
Standards.
D. This Settlement shall neither enlarge nor diminish any rights of the Parties existing prior to the
effective date of this Settlement, and LAWA expressly reserves and the Parties agree that LAWA
may continue to rely upon, any and all prescriptive rights, avigation easements and other
entitlements for the operation of LAX.
E. If the County of Los Angeles, Inglewood, El Segundo, or Culver City approve any zoning or
other land use amendment that has the effect of converting a property that was compatible under the
California Airport Noise Standards at the time of this Settlement into an incompatible property,
such jurisdictions shall condition that approval on the property owner granting LAWA an avigation
easement satisfying compatibility requirements under California Airport Noise Standards.
SECTION XI. FURTHER STUDY REGARDING WEST EMPLOYEE PARKING
STRUCTURE
Before the Executive Director of LAWA recommends approval of the West Employee Parking
Structure pursuant to the LAX Specific Plan Compliance Review procedures, LAWA will prepare a
project - specific EIR that includes consideration of (a) alternative locations for the West Employee
Parking Structure, and (b) the appropriate size of the structure needed to serve only the employees
working in the western areas of LAX and associated visitors for official business.
SECTION XII. STUDY OF LAX CONNECTION TO GREEN LINE
LAWA will study feasible methods to connect LAX to the Green Line in ways that will maximize
the use of public transit to LAX. Within one year from the date of this Settlement, LAWA will
compile the results of this study into a report and provide such report to the Petitioners.
SECTION XIII. ENFORCEMENT OF THIS SETTLEMENT
A. Mutual Desire to Avoid Further Litigation and Jurisdiction to Enforce Settlement.
1. The Parties have entered this Settlement for the purpose of avoiding litigation.
Enforcement of this Settlement is to be brought solely through the procedures set forth in
this section, which are designed to avoid resorting to court enforcement in the first instance,
and, if resort to court is necessary, to provide simple, straightforward and predictable relief.
2. The Parties shall request that the Riverside County Superior Court retain jurisdiction of
this case solely for the limited purpose of enforcing the mutual promises of this Settlement
pursuant to the procedure set forth in this section.
B. Preliminary Enforcement Procedures.
1. Right to Cure. If any Party believes that another Party's performance is in default of
that Party's obligations under this Settlement, the Party shall provide written notice to the
other Party of the alleged default; offer to meet and confer in a good faith effort to resolve
13
3562 j
the issue; and provide the other Party 60 days to cure the alleged default commencing at the
time of receipt of the notice of a properly detailed written default notice. Any notice given
pursuant to this provision will specify in reasonable detail the nature of the alleged default
and, where appropriate, the manner in which the alleged default satisfactorily may be cured.
If the FAA or any other regulatory authority determines that LAWA's performance under
this Settlement is prohibited or would result in the withholding or demand for remittance of
federal funds, LAWA's failure to perform shall not constitute a default under this
Settlement.
2. Mediation. If an alleged default in performance has not been cured during the 60 -day
period provided in Section XIII.B.I above, either Party may request that the dispute first be
submitted to mediation prior to judicial enforcement. The Party requesting mediation will
pay for the services of the mediator. If mediation is requested by any Party, all Parties shall
make a good faith effort to first resolve through mediation any dispute about another Party's
alleged default in performance. If the Parties cannot agree on the identity of the mediator,
the judicial officer shall designate the mediator. The Parties will commence mediation
within 15 days after notice of the mediation and designation of the mediator and shall
conclude mediation within 45 days after commencement. Each Party shall bear its own fees
and costs relating to the mediation.
C. Judicial Enforcement of This Settlement.
1. In order to provide a simple, straightforward and predictable method of enforcement of
this Settlement, within 60 days of the execution of this Settlement, the Parties will select a
judicial officer provided by the JAMS service or a comparable service. If they cannot agree
on the identity of a mutually agreeable judicial officer, they will use the applicable JAMS
selection procedure to identify and select such a person. LAWA shall pay any fees
associated with the initial selection of a judicial officer. Said judicial officer shall be
appointed by the Riverside County Superior Court to be the sole judicial officer who
entertains any and all enforcement proceedings brought pursuant to this Settlement,
provided that a non - prevailing Party may appeal a final enforcement ruling to the Court of
Appeals in Riverside and, under the appellate rules, to the Supreme Court. The judicial
officer so appointed shall remain as the judicial officer until such time as he or she shall
resign or shall become unable to serve. If so, the Parties shall select a new judicial officer
pursuant to the above procedure.
2. The Parties agree that, unless modified by the mutual agreement of the Parties, the
judicial officer presiding in the enforcement action shall follow the rules of procedure and
evidence that would otherwise be applicable in the Riverside County Superior Court, and
such discovery procedures as the Parties may agree or that may be permitted by the judicial
officer.
3. The sole procedural relief that a Party may request from the judicial officer to enforce
this Settlement shall be an affirmative order enforcing the obligation of another Party. The
judicial officer will have the power to order affirmative equitable and/or affirmative
injunctive relief, temporary or permanent, requiring the other Party to comply with this
Settlement. The judicial officer will normally issue a final enforcement ruling that (1)
clarifies the Parties' respective obligations under this Settlement, (2) if a Party is determined
14
352
to have breached an obligation under this Settlement, orders affirmative performance of the
obligation, and (3) determines and allocates the costs of the judicial officer's fees and costs
incurred. No Party may seek judicial relief ordering, and the judicial officer will not have
the power to order, LAWA to cease, suspend or modify operation at LAX, implementation
of the LAX Master Plan Program or any other LAWA program or activity. The judicial
officer shall have authority, if necessary, to order LAWA to comply with its obligation
under section IV above to operate LAX with specified numbers of gates. No order relating
-to specified numbers of gates may direct LAWA to operate any particular configuration of
gates at any time or contrary to any FAA directive. No Party may seek judicial relief
ordering, and the judicial officer will not have power to direct, any Party to undertake any
action except for those actions provided for by this Settlement. No Party may seek judicial
relief ordering, and the judicial officer will not have power to award, any money damages.
Each Party will bear its own fees and costs of such court enforcement. The Party seeking an
enforcement ruling shall initially post and pay for any required fees and costs payable for the
judicial officer's services. The judicial officer will have the authority to order that his or her
fees and expenses incurred as the judicial officer shall be paid by the non - prevailing Party.
The standard for imposition of such costs on the non - prevailing Party shall not be whether
the non - prevailing Party's enforcement action was frivolous, but whether the judicial officer
determines it to be appropriate in his or her discretion.
SECTION XIV. EXTRAORDINARY FINANCIAL SITUATIONS.
A. LAWA's financial obligations under this Settlement shall be suspended in any of the following
circumstances:
1. An extraordinary financial situation exists that was caused by circumstances outside of
LAWA's normal budgetary control (a) such that LAX - derived airport revenues in excess of
LAX's basic operating budget and any debt service and other financial obligations do not
exist in an amount sufficient to fund the obligations set forth in this Settlement; and (b) that
the situation may likely result in a decline in annual LAX - derived operating revenue in
excess of five percent of the then current fiscal year's operating budget, or $50 million,
whichever is less;
2. An extraordinary financial situation exists such that performing its obligations under this
Settlement would necessarily result in a violation of the financial covenants LAX has made
to its creditors and lienholders in return for the extension of credit in the form of bonds,
loans, letters of credit and other forms of financing necessary to maintain LAWA's overall
financial stability; or
3. An extraordinary financial situation exists such that LAWA is financially unable to enter
into any construction contract for a New LAX Master Plan Project while also concurrently
performing its obligations under this Settlement. For the purposes of this section, a "New
LAX Master Plan Project" means any substantial component of the LAX Master Plan
Program that has not yet been approved pursuant to the LAX Specific Plan, but does not
include completion of previously approved projects that have commenced construction.
LAWA agrees that financial obligations under this Settlement are an integral component of
the LAX Master Plan Program and that these obligations will have the same budgetary
15
- 5 „ _ -7
''
. r
priority as LAX Master Plan Program project costs, such that New LAX Master Plan
Projects shall not go forward while financial obligations of this Settlement are suspended.
B. LAWA shall consult with Petitioners about the necessity for the suspension of its obligations
and the estimated time period of the suspension. During the suspension period, LAWA shall
consult with Petitioners each quarter regarding the status of its efforts to resolve pertinent financial
problems and to develop outside sources of revenue to fund LAWA's financial obligations
including grants from federal, state or regional agencies or from foundations or other third parties.
C. "Extraordinary financial situation" as used in this Section means circumstances that include, but
are not limited to, the type of financial circumstances that LAWA experienced following the events
of September 11, 2001; a natural disaster such as an earthquake; or extended increased security
deployments in response to external threats.
D. Upon the conclusion of these extraordinary circumstances, LAWA will promptly resume
performance of its financial obligations under this Settlement.
E. Following the conclusion of any period during which LAWA's financial obligations under this
Settlement were suspended due to an extraordinary financial situation ( "Suspension Period "),
LAWA shall return to compliance with its financial obligations. In addition, the term of this
Settlement shall be extended by an amount of time equal to the Suspension Period with respect only
to avigation easements set forth in Section X and aircraft noise mitigation set forth in Exhibit A,
Section A. The term of this Settlement shall not be extended with respect to any other obligation
under this Settlement.
SECTION XV. MISCELLANEOUS
A. Notices. All notices and other communications required or permitted under this Settlement will
be in writing and will be deemed to have been duly given on the date of delivery when delivered
personally or when transmitted by telefacsimile or email to the Parties as specified below, or three
days following the date of deposit in the United States mail. In the case of a notice or
communication by telefacsimile or email, the notice or communication will be sent to the number or
email address listed below, and a written copy will be mailed or personally delivered to the address
below within three days of the transmittal of the telefacsimile or email. All notices or
communications sent by United States mail will be sent postage prepaid by certified first class mail,
return receipt requested to the address specified below.
If to LAWA:
Lydia Kennard
Executive Director
I World Way
P.O. Box 92216
Los Angeles, CA 90009 -2216
Fax: (310) 646 -0523
lkennard @lawa.org
With a copy to:
16
35.62 -..;'
Raymond S. Ilgunas
Assistant City Attorney, Airport Division
1 World Way
P.O. Box 92216
Los Angeles, CA 90009 -2216
Fax: (310) 646 -9617
rilgunas @lawa.org
If to City of El Segundo:
Jeff Stewart
City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
Phone: (310) 524 -2334
Fax: (310) 322 -7137 ,
jstewart@elsegundo.org
With a copy to:
E. Clement Shute, Jr.
Osa L. Wolff
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
Phone: (415) 552 -7272
Fax: (415) 552 -5816
wolff @smwlaw.com
shute @smwlaw.com
If to City of Inglewood:
Barbara E. Lichman, Ph.D.
Berne C. Hart
Ricia R. Hager
Chevalier, Allen & Lichman, LLP
695 Town Center Drive, Suite 700
Costa Mesa, CA 92626
Phone: (714) 384 -6520
Fax: (714) 384-6521
cal @calairlaw.com
With a copy to:
Anita Willis, City Attorney
City of Inglewood
17
3562 -..4.
1 Manchester Blvd., Suite 860
City of Inglewood, CA 90301
Phone: (310) 412 -5372
Fax: (310) 412 -8865
awillis @cityofinglewood.org
If to Culver City:
Barbara E. Lichman, Ph.D.
Berne C. Hart
Ricia R. Hager
Chevalier, Allen & Lichman, LLP
695 Town Center Drive, Suite 700
Costa Mesa, CA 92626
Phone: (714) 384 -6520
Fax: (714) 384-6521
cal @calairlaw.com
With a copy to:
Carol Schwab, City Attorney
City of Culver City - City Hall
9770 Culver Boulevard
Culver City, CA 90232
Phone: (310) 253 -5660
Fax: (310) 253-5664
carol.schwab@culvercity.org
If to County of Los Angeles:
Barbara E. Lichman, Ph.D.
Berne C. Hart
Ricia R. Hager
Chevalier, Allen & Lichman, LLP
695 Town Center Drive, Suite 700
Costa Mesa, CA 92626
Phone: (714) 384 -6520
Fax: (714) 384-6521
cal @calairlaw.com
With a copy to:
Raymond G. Fortner, Jr., County Counsel
Richard D. Weiss, Assistant County Counsel
Thomas J. Faughnan, Principal Deputy County Counsel
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012 -2713
18
-7
Phone: (213) 974 -1810
Fax: (213) 617 -7182
tfaughnan@counsel.co.la.ca.us
If to Alliance for a Regional Solution to Airport Congestion:
Jennifer Dakoske Koslu
224 Redlands Street
Plaza Del Rey, CA 90293
Phone: (310) 306 -4651
Fax: (310) 306 -4651
dakoske @aol.com
With a copy to:
Jan Chatten -Brown
Chatten -Brown & Carstens
3250 Ocean Park Boulevard, Suite 300
Santa Monica, CA 90405
Phone: (310) 314 -8040
Fax: (310) 314 -8050
jcb @cbcearthlaw.com
Any Party may designate different notice information by providing written notice to the other
Parties as provided in this section. The change of contact information will not be considered an
amendment to this Settlement.
B. Severance. If any part of this Settlement is invalidated, set aside, modified or disapproved as a
result of a judicial or administrative ruling or determination, the remainder of the Settlement shall
remain in full force and effect, and the Parties shall fulfill their obligations under this Settlement
consistent with the remainder of this Settlement.
C. Relationship to Other Obligations. LAWA's performance of its obligations under this
Settlement may constitute satisfaction of other LAWA obligations outside of this Settlement.
Notwithstanding any such other obligations outside of this Settlement, subject to the provisions of
Section XIV above, LAWA shall perform its obligations in this Settlement.
D. Litigation Legal Fees. Upon the dismissal of pending actions and release of claims as set forth
in Section II, LAWA will pay Petitioners' reasonable attorneys' fees and costs related to the
consolidated litigation challenging the LAX Master Plan Program in Riverside County Superior
Court (Case No. RIC 426822) of $1.5 million. LAWA will pay such attorneys' fees and costs
within 45 days of Petitioners' reporting to LAWA of their attorneys' fees and costs in reasonable
detail including the basis of their lodestar amount being in excess of $1.5 million, but in no event
shall LAWA be required to pay such attorneys' fees until 45 days after execution of this Settlement.
E. Legal Fees and Costs for Preparation and Enforcement of this Settlement. Subject to
Section XV.D above, each Party will bear its own legal fees and costs resulting from the
preparation, negotiation, execution and enforcement of this Settlement.
19
F. Waiver. The waiver by any Party of any breach or violation of any provision of this Settlement
will not be deemed to be a waiver of any breach or violation of any other provision or of any
subsequent breach or violation of the same or other provisions.
G. Successors. This Settlement will be binding on any successors of the Parties.
H. No Third -Party Beneficiaries. This Settlement has no third party beneficiaries and no one
other than the Parties will have any rights to enforce any of the obligations created in this
Settlement.
I. Amendments to Settlement. The Parties may change, modify or amend this Settlement only by
a written amendment that is executed by all Parties. In the event one Party desires to amend the
Settlement, it will notify the other Parties as specified in Section XV.A and designate the issues it
wants an amendment to address. The Parties will meet and confer in good faith concerning
proposed amendments.
J. Representations of Counsel. Each of the Parties has been represented by counsel in the
negotiation and drafting of this Settlement. Accordingly, this Settlement will not be strictly
construed against any Party, and the rule of construction that any ambiguities be resolved against
the drafting Party will not apply to this Settlement.
K. California Law. This Settlement will be construed in accordance with the laws of the State of
California.
L. Interpretation. Specific provisions of this Settlement will take precedence over conflicting
general provisions.
M. Headings Not Limiting. Section and subsection headings contained in this Settlement are
included for convenience only and will not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any section or subsection in this Settlement.
N. Entire Settlement. This Settlement represents the entire agreement of the Parties with respect
to the subject matter of the Settlement. No prior written or oral statements, proposals or agreements
will alter any term or provision of this Settlement.
O. Authority of Signatories. Each Party represents and warrants that it has taken all legally
required actions to authorize its representative to execute this Settlement and that the individual
executing this Settlement on that Party's behalf has the authority to sign on behalf of said Party.
20
3562
IN WITNESS WHEREOF, the Parties here cause this Settlement to be duly executed by their
respective signatures. ^
Dated: 16-f z000 CIT OF SA
By: Ablftlo R, yilfa✓a,to's
Title: Ma t�y, (,
P
APPROVED AS TO FORM:
Rockard J. Delgadillo, City Attorney
Date: 02. 1
By:
Assistant Aty Attorney
lu
21
Dated: LOS ANGELES WORLD AIRPORTS
By:
Title:
APPROVED AS TO FORM:
Rocked J. Delgadillo, City Attorney
Date.
By:
)6sistimniSity Attomey
22
35 5 2 . '77
ALLIANCE FOR A REGIONAL SOLUTION
Dated: �' ' �'_' TO AIRPORT CONGESTION
Title:
23
Dated: ..2,006
By:
Title: Pae��ti CdvM�'1_� TG
3552
24
Dated: 30 January 2006 CITY OF EL SE O
By: Kelly McDowell
Title: Mayor
ATTEST: dW1N��
Deputy ty Clerk
25
3562.
Dated: January , 2006 CITY OF INGLEWOOD
ROOSEVELT DORN, Mayor
AS TO FORM:
A�ITA C. WILLIS, City Attorney
26
Dated: February 15 2006
By: vat,
Title: Mayor Albert Vera
CITY OF CULVER CITY
Albert Vera
Approved As To
elg City Attorney
27
3562
EXHIBIT A
ADDITIONAL MITIGATION MEASURES
A. Aircraft Noise Mitigation.
1. 2006 -2007 Funding for ANMP. Upon Petitioners' dismissal of pending actions and
release of claims, as provided for in Section II of this Settlement, LAWA shall provide
Aircraft Noise Mitigation Program ( "ANMP ") funding to the County of Los Angeles and
Cities of El Segundo and Inglewood in the following amounts covering calendar years 2006
and 2007 in two annual installments.
County of Los Angeles:
$20.6 million
City of El Segundo:
$14.9 million
City of Inglewood:
$24.5 million
The first installment will be made within 60 days of the execution of this Settlement and the
remainder of each jurisdiction's allocation will be provided one year after the first
installment. The first installment will be made for one half of the total listed above for each
jurisdiction, except in the case of the County of Los Angeles, which shall receive $15
million of its total allocation in the first year. LAWA's expenditure of funds under this
Section A.1 is contingent on the County of Los Angeles and Cities of El Segundo and
Inglewood complying with all requirements established in BOAC Resolution No. 21481
except to the extent that such requirements are superceded by the terms of this Settlement,
and with FAA regulations.
2. Unused Funds. It is up to each jurisdiction to make good use of the funds provided, and
with respect to Airport Improvement Program or Passenger Facility Charge ( "PFC ") funds,
use of those funds as approved by the FAA. A status report from each jurisdiction to
LAWA is required on January 15, 2007 as to the number of units made compatible under
this section and the number of homes with an executed sound insulation contract in place for
construction. This report will aid LAWA's effort to apply to the FAA for additional PFC
authority for future funding. This report will also be used by LAWA to determine any
adjustments to the second installment under Section A.1 above. LAWA will make such
determination and make any appropriate allocation of funds within 60 days of the report
being provided to LAWA, but in no event will such allocation of funds be required prior to
March 1, 2007. If a jurisdiction has used all of its 2006 allocation as evidenced by its status
report, that jurisdiction will receive its 2007 funding allocation. If a jurisdiction has not
used all of its 2006 allocation, an amount equal to the unused portion will be deducted from
their 2007 allocation and that deducted portion will be reallocated to the remaining
jurisdiction(s) that used all of their 2006 allocation. If no jurisdiction has used all of their
2006 allocation then the deducted amounts from each jurisdictions 2007 allocation will be
allocated by LAWA for use in 2008. The same reallocation procedure described above for
unused Section A.1 funds shall apply for the 2009 allocation. This annual funding rollover
and reallocation process is applicable to funds provided in Section A.1 and will only extend
through calendar year 2009. Any remaining unused funds under Section A.1 after 2009 will
revert back to LAWA's ANMP program, with a priority for Petitioners' use in sound
insulation projects.
28
3. Future Funding. The purpose of the ANMP is to achieve compatibility. LAWA has
limited funds to apply to this goal. Future funding under this section for the County of Los
Angeles and the Cities of El Segundo and Inglewood is capped at $22.5 million per year for
calendar year 2008 through calendar year 2015 for a maximum total of $180 million. This
funding cap under this Settlement will not affect the ability of each jurisdiction to
demonstrate its ability to effectively use additional ANMP funding. LAWA will consider
each of these requests on a case -by -case basis through the existing ANMP process. Similar
to Section A.2 above, an annual status report from each jurisdiction to LAWA will be
required on or before the 15th day of January of each year through 2015. The annual
proportion of funds allocated to the County of Los Angeles and the Cities of El Segundo and
Inglewood under this section will be determined by the number of units made compatible
under this section and the number of homes with an executed sound insulation contract in
place for construction. The maximum annual proportion allocated to any one jurisdiction
under this section will not exceed 41 percent of the calendar year total. If any jurisdiction is
unable to use its annual allocation of funds, the unused funds shall be allocated to the other
jurisdictions to the extent that (a) the jurisdictions have used all of their allocation for the
year, and (b) the jurisdictions have established that they are capable of using such funds for
sound insulation, as-determined by the number of homes made compatible under this section
and the number of homes with an executed sound insulation contract in place for
construction. Any unused funds at the conclusion of each year under this section will be
allocated by LAWA for use in the ANMP, with a priority for use by the County of Los
Angeles and the Cities of El Segundo and Inglewood in sound insulation projects.
4. Sound Insulation for Traditional Places of Worship. Inglewood has identified 15
traditional places of worship that will require sound attenuation for a total of approximately
$2.5 million. Inglewood will be seeking money from the FAA as well as permission to use
its portion of the money identified in Sections A.1 through A.3 for this purpose. LAWA
agrees to support Inglewood's request to the FAA. LAWA will also support any similar
request to the FAA by El Segundo and/or County of Los Angeles. In the event the FAA
denies such requests, LAWA will submit an application to the FAA to amend the PFC to
allow for the sound attenuation of traditional places of worship at the conclusion of the
residential soundproofing component of the ANMP.
5. Land Recycling. Inglewood represents that it will be seeking FAA approval for its use
of FAA discretionary funds for Darby Dixon and open space projects. LAWA agrees to
support Inglewood's request to the FAA for this purpose.
6. Noise Mitigation in Lennox. The County of Los Angeles has identified 215 units
outside of the 1992 4th quarter ANMP contour, in an area located just south of the contour
and north of the 105 freeway in Lennox, that the County would like to provide noise
mitigation. LAWA agrees to support the County's request to the FAA for permission to use
its portion of money identified in Sections A.1 through A.3 for this purpose.
7. Code Violations. Inglewood, El Segundo, and the County of Los Angeles may request
that FAA allow them to use their portion of money identified in Sections A.1 through A.3
for incidental rehabilitation or corrections necessary to proceed with sound insulation. For
example, the County of Los Angeles has represented that it needs no more than $1000 per
unit to fix code violations for certain properties in order to proceed with sound insulation
29
3552.
' • i
under its ANMP program. LAWA agrees to support these requests to the FAA for
permission to use its portion of money identified in Sections A.I through A.3 for incidental
rehabilitation or corrections necessary to proceed with sound insulation.
8. Pilot Program for Noise Insulation of Certain Inglewood Residences. On a pilot
project basis, LAWA and Inglewood will study certain areas where residences do not
otherwise qualify for sound insulation. For mutually agreed -upon special circumstances and
unique reasons that apply to specific residential areas, LAWA and Inglewood may agree that
it is necessary and appropriate to provide noise insulation benefits in order to reduce interior
noise levels to certain mutually agreed -upon levels. LAWA and Inglewood will cooperate
in seeking to obtain, where necessary, federal approval for the expenditure of airport- related
funds in connection with such noise mitigation measures. Subject to this approval, LAWA
will make available up to $10 million during the term of this Settlement to fund this pilot
program. LAWA and Inglewood will prepare a schedule and work program by which this
pilot program will be implemented.
9. End -of -Block Soundproofing. El Segundo, Inglewood, and the County of Los Angeles
may seek FAA approval to commence an end -of -block soundproofing program, under
which, if any residence on a particular block falls within the applicable noise contour for
that block, then each residence on that block will be eligible for soundproofing. LAWA
agrees to support the jurisdictions' request(s) to the FAA for permission to use their portion
of money identified in Sections A.1 through A.3 for this purpose.
10. Part 161 Noise Study. LAWA has initiated a Part 161 study to the feasibility of
implementing restrictions on departures between the hours of midnight and 6:30 a.m. over
the communities to the east of LAX. Upon completion of the study, LAWA will seek FAA
approval of various penalties that can be imposed on airlines whose flights violate night-
time over -ocean policies and procedures. LAWA will expedite processing of this study.
B. Construction Noise Mitigation for the SHIP.
1. Noise Control Plan. LAWA shall implement a mandatory Construction Noise Control
Plan that includes sufficient feasible measures to mitigate South Airfield Improvement
Project ( "SAIP ") significant construction noise impacts on El Segundo to below the
applicable level of significance. LAWA shall consult with El Segundo regarding potentially
feasible measures to mitigate significant construction noise impacts. Measures to be
considered for inclusion in the plan shall include, without limitation, temporary sound
barriers and enclosures, equipment mufflers, and work curfews.
2. Noise Monitoring and Hotline. LAWA shall implement a noise monitoring and hotline
program during SAIP construction, not to exceed $20,000 per month for staffing and hotline
expenses, consisting of the following components:
a. LAWA shall prepare monthly construction noise monitoring reports and shall
provide these reports to Petitioners and interested members of the public.
b. LAWA shall establish a construction noise hotline and shall staff the hotline
during all work hours, investigate complaints within 60 minutes of receipt, and
30
communicate the results of investigations to complainants as soon as such results are
obtained.
C. Air Quality Mitigation.
1. FlyAway Service. LAWA shall develop at least eight FlyAway sites with service similar
to the service provided by the Van Nuys FlyAway currently operated by LAWA. The intent
of these FlyAway sites will be to reduce the number of vehicles going to and from LAX by
providing regional locations where LAX employees and passengers can pick up an LAX -
dedicated, clean - fueled bus that will transport them from a FlyAway closer to their home or
office into LAX and back. Final selection of the FlyAway sites must be completed on a
schedule that allows for property acquisition or leasing, terminal design, construction, and
implementation of all sites by 2015. LAWA shall also implement a public outreach program
to inform potential users of the terminals about their existence and their locations.
2. Conversion of Ground Support Equipment. LAWA shall develop and implement a
phased program to convert ground support equipment ( "GSE ") at LAX to extremely low
emission technology (such as electric power, fuel cells, or other future technological
developments). The phased program will apply to all GSE in use at LAX, including both
LAWA -owned equipment and tenant -owned equipment. The goal of the phased program
shall be to complete the conversion of GSE to extremely low emission technology by 2015.
3. Electrification of Passenger Gates. LAWA shall ensure that all LAX passenger gates,
defined for this section as structures used to transfer passengers from a terminal area to an
aircraft, are equipped and able to provide electricity sufficient for aircraft needs under the
following schedule:
a. All passenger gates for which new construction (excluding maintenance) is
completed after the execution of this Settlement shall be equipped and able to
provide electricity to parked aircraft from the date of initial operation and at all times
thereafter.
b. Three years from the execution of this Settlement, and at all times thereafter, at
least fifty percent of passenger gates at LAX shall be equipped and able to provide
electricity to parked aircraft.
c. Five years from the execution of this Settlement, and at all times thereafter, one
hundred percent of the passenger gates at LAX shall be equipped and able to provide
electricity to parked aircraft.
D. Construction Air Quality Mitigation for the SAIP.
1. Best Available Emission Control Devices Required. LAWA shall require all
construction equipment for the SAIP to be equipped with best available emission control
devices verified or certified by the California Air Resources Board ( "CARS "). The focus of
emission control shall be PMio, PM2.5, and nitrogen oxides. Devices certified or verified for
mobile engines may be effective for stationary engines and that technology from CARB on-
31
road verification lists.may be used in the off -road context. LAWA shall not be required to
used best available emission control devices under either of the following circumstances:
a. The construction equipment operator provides a written finding, based upon
appropriate market research and approved by LAWA, that best available emission
control devices for reducing emissions of pollutants are unavailable for the
construction- related equipment, and the construction equipment operator uses
appropriate technology, if any, to reduce the emission of pollutants from the
construction- related equipment.
b. The construction- related equipment is used for fewer than 20 calendar days per
calendar year.
Any and all exemptions under this Section D.1 approved by LAWA shall be reported in
writing to Petitioners prior to use of the equipment in question.
2. Ultra -Low Sulfur Diesel Fuel. All construction equipment used for construction of the
SAIP shall use only Ultra -Low Sulfur Diesel fuel (15 ppm or lower), so long as there are
adequate supplies of ULSD in the Southern California area. Prior to September 1, 2006, if
ULSD is unavailable, then all construction equipment may utilize emission control devices
that do not require ULSD for only the same period of time that ULSD is unavailable. On or
after September 1, 2006, if adequate supplies of ULSD are not available in the Southern
California area, then other fuels maybe used, provided that the other fuels do not result in a
greater emissions of PM1o, PM2.5 or nitrogen oxides than that which would be produced by
use of ULSD at 15 ppm or lower. Any and all exemptions under this Section D.2 shall be
reported in writing to Petitioners prior to use of the equipment.in question.
E. Air Source Apportionment Study.
1. LAWA shall fund a study by an independent expert of toxic air contaminants and criteria
air pollutant emissions from jet engine exhaust and other airport- related emission sources
( "Source Apportionment Study "). The study shall identify the concentration of toxic air
pollutants from airport- related sources based on updated draft protocols developed for the
"Air Quality and Source Apportionment Study" described in LAWA, Air Quality and
Source Apportionment Study of the Area Surrounding Los Angeles International Airport,
Technical Workplan, November 17, 2000, and all associated documents, as listed in part in
Exhibit C. The protocols used will be those specified by EPA following LAWA's
consultation with EPA regarding any needed updating or revision to the November 17, 2000
draft protocol.
2. LAWA shall require the selected contractor to provide written annual progress reports to
LAWA. LAWA shall promptly forward these reports to the Petitioners. Within 15 days of
completion of the Source Apportionment Study, LAWA will provide the Source
Apportionment Study to Petitioners, and shall make it available to the public.
3. LAWA shall make a good faith effort to initiate the Source Apportionment Study by
December 31, 2006. LAWA will consult with Petitioners regarding the duration of the
Source Apportionment Study, and will inform Petitioners of the likely date for completion
following the EPA's identification of the updated protocols to be used in the Source
32
Apportionment Study. LAWA will meet and confer with Petitioners' representatives
regarding the study's results and regarding such further studies and steps to be taken with
respect to toxic air pollutants as the Parties may mutually agree.
F. Traffic Mitigation.
1. Roadway Improvements. Upon Petitioners' dismissal of pending actions and release of
claims, as provided for in Section II of this Settlement, El Segundo will provide appropriate
justification for roadway improvements set forth below. Upon FAA approval pursuant to
Section III, LAWA shall provide traffic mitigation funding to El Segundo in the following
amounts for improvements to the following roadways:
Douglas Street:
$750,000
Nash Street:
$675,000
Imperial Highway:
$1 million
Sepulveda Boulevard:
$910,000
2. Extension of Century Boulevard Traffic Corridor. LAWA and Inglewood will
cooperate to study a potential extension of the Century Boulevard traffic corridor into
Inglewood from La Cienega Boulevard to Crenshaw Boulevard. LAWA and Inglewood will
cooperate in seeking to obtain on an expedited basis any necessary federal approvals for
LAWA's funding participation in this extension project. Subject to this approval, LAWA
will make available up to $10 million during the term of this Settlement in order to fund
such improvements. LAWA and Inglewood will prepare a schedule and work program by
which the extension project will be implemented. Upon completion of the traffic study set
forth in Section VT of this Settlement, LAWA will support Inglewood's application to the
FAA for discretionary funds for an additional $23 million to fund traffic improvements for
designated segments of Century Boulevard. LAWA will also support Inglewood's
application to the FAA for discretionary funds for traffic improvements to designated
segments of La Cienega Boulevard and of Imperial Highway.
G. Aesthetic Mitigation.
1. Landscaping in the Dunes. In the northern portion of the Los Angeles /El Segundo
Dunes, LAWA shall, in consultation with Petitioners, implement a plan for a project that
does not exceed $3 million to: (l) remove as much existing pavement as possible from
abandoned streets and sidewalks, and (2) plant appropriate native vegetation in that area.
All work associated with this plan shall be accomplished under the supervision of a
registered biologist to ensure minimal disruption to the existing habitat areas. This plan
shall only extend to areas outside of the El Segundo Blue Butterfly Preserve. LAWA will
consult with the California Coastal Commission, the U.S. Fish and Wildlife Service, the
California Department of Fish and Game, and any other applicable agencies as appropriate.
LAWA will coordinate with the FAA to ensure that the plan is consistent with aviation
safety requirements and site requirements for navigational aids located in the subject area.
2. Street Lighting. LAWA shall establish a fund of $1 million from which LAWA will
participate in street lighting projects affecting residential neighborhoods immediately
adjacent to the northern boundary of LAX property. LAWA shall consult with
33
representatives of Council District 11 regarding proposed street lighting projects. Any
participation by LAWA in the funding of street lighting projects shall be subject to FAA
approval and shall be based on establishment of a clear nexus between the property and
airport impacts.
H. Job Training.
1. Funding for Job Training. Beginning in fiscal year 2006 -2007, LAWA shall provide
$500,000 per year for five years to fund a job training program at the South Bay Workforce
Investment Board in Inglewood to fund job training for airport jobs at LAX, aviation - related
jobs related to LAX, and for pre- apprenticeship programs. Any funds unspent in a particular
year shall be rolled over to the subsequent year. At the conclusion of the five -year period,
any unused funds shall revert to LAWA.
2. Job Training Programs. Jobs operating Transportation Charter Party limousines, non-
tenant shuttles, or taxis shall not be considered airport jobs. Pre - apprenticeship programs
are defined as job readiness and job training programs designed to prepare individuals to
enter apprenticeships in the construction and building trades for LAX Master Plan Program
related construction.
3. LAX Gateway Program. LAWA shall undertake outreach efforts to ensure the
inclusion of Inglewood high school and college students in the existing LAX Gateway
Program.
I. SAIP Hydrology Mitigation. In order to address drainage concerns raised by the County of Los
Angeles with respect to the SAIP, LAWA shall: (1) prepare a study to determine peak flows and
Hydraulic Grade Line ( "HGL ") related to the South Airfield according to the County's new
hydrology methodology; (2) consult and coordinate the results of the study with the County's
Department of Public Works; and (3) incorporate reasonable modifications required to mitigate
increased flows into the Dominguez Channel, if necessary. LAWA agrees to provide information
on existing hydrologic conditions and the proposed design of the SAIP to the County before
commencing the above study. The County of Los Angeles shall review and comment on the results
of the above study within 30 days of receipt. The Parties agree that under no circumstances shall
LAWA's obligations under this provision delay construction and /or completion of the SAIP.
34
35F2 . .1
EXHIBIT B
NOISE EASEMENT
GRANT OF EASEMENT
(Civil Code Section 1468; Public Utilities Code Section 21652)
This NOISE EASEMENT (Easement) is executed and delivered as of this day
of , 2004_, by Property Owner(s)] (Grantor) and the LOS
ANGELES WORLD AIRPORTS (Grantee);
WHEREAS, Grantors are the owners in fee simple of certain real property located at [address] and
more' particularly described in attached Exhibit "A," incorporated by this reference (Grantors'
Property);
WHEREAS, Grantors have been offered the opportunity to participate in a publicly funded program
(Noise Insulation Program), which will cause changes to be made to Grantors' Property that may
result in the reduction of aircraft noise currently being imposed on the interior of the structure or
structures located on Grantors' Property;
WHEREAS, the funding source for this Noise Insulation Program will include funding from the
Grantee, in its capacity as the owner and operator of the Los Angeles International Airport (LAX),
and may include funding from the United States Government pursuant to the Aviation Safety and
Noise Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101);
WHEREAS, Grantee requires as a condition precedent to its participation in the Noise Insulation
Program that Grantors provide Grantee with an easement upon Grantors' Property to permit noise,
vibration, discomfort, inconvenience, interference with use and enjoyment, and any consequent
reduction in market value, on the Grantor's Property all due to the operation of aircraft to and from
WHEREAS, Section 21652 of the Public Utilities Code of the State of California authorizes
Grantee to obtain this Easement,
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES TO THIS AGREEMENT
THAT:
1. Grantors do hereby, grant, convey and assign to Grantee, and its successors and assigns, a
permanent and perpetual easement for the purpose of permitting the imposition of noise, vibration,
discomfort, inconvenience, interference with use and enjoyment, and any consequent reduction in
market value, all due to noise caused by the operation of aircraft to and from LAX upon Grantors'
Property.
2. This Easement shall become effective upon the execution of this document by Grantors and
Grantee and payment to Grantors, or on their behalf, by Grantee, of the sum agreed upon as the cost
of the Noise Insulation Program with respect to Grantors' Property.
3. The Community Noise Equivalent Level (CNEL) map and boundaries produced by flight
operations to and from LAX for the quarter -year ending December 31, 1992 (Fourth Quarter 1992
CNEL Map) filed with the State of California, Department of Transportation, Division of
Aeronautics, in accordance with Section 5025 of Title 21 of the California Code of Regulations,
shall be the basis for determining the baseline noise level for the Grantors' Property.
35
4. Pursuant to this Easement, Grantee may impose upon Grantors' Property noise levels up to
and including 3 dB CNEL above the CNEL noise level shown for Grantors' Property on the Fourth
Quarter 1992 CNEL Map.
5. Grantee will not be deemed to have exceeded the allowable level of imposition of noise,
applicable to Grantors' Property, identified in Paragraph 4, unless that level is shown to have been
exceeded in three of the four most recent quarterly CNEL maps for LAX filed with the State of
California, Department of Transportation, Division of Aeronautics, in accordance with Section 5025
of Title 21 of the California Code of Regulations.
6. Grantee may further impose upon Grantees' Property any other adverse impacts arising from
the allowable level of imposition of noise, applicable to Grantors' Property, identified in Paragraph
4, including, but not limited to, any resulting vibration, discomfort, inconvenience, interference with
use and enjoyment, and any consequent reduction in market value.
7. Any change in the noise level reported on a quarterly CNEL map for LAX filed with the
State of California, Department of Transportation, Division of Aeronautics, in accordance with
Section 5025 of Title 21 of the California Code of Regulations, which results from the temporary
increased use of certain runways, due to construction or repair of other runways, or due to any other
cause beyond the control of Grantee (e.g., weather or wind conditions, but not flight pattern shifts
authorized by the Federal Aviation Administration) shall not be used to compute the noise level
imposed on Grantors' Property for purposes of Paragraph 4.
8. This Easement shall neither enlarge nor diminish any rights of either party existing prior to
the effective date of this Easement, and Grantee expressly reserves and may continue to rely upon,
any and all prescriptive rights, avigation easements and other entitlements for the operation of LAX.
9. Grantors covenant that Grantors are the owners in fee simple of the Grantors' Property, and
that at the time of executing this Grant of Easement, Grantors have full ownership rights and powers
to convey this Grant of Easement free and clear from all other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature.
10. All easements, promises, covenants, conditions and reservations contained in this Grant of
Easement are made and entered into for the benefit of the LAWA lands described in attached
Exhibit `B" and for the Grantee and its successors and assigns to the maximum extent now or
hereafter permitted by statute or case law, and are intended by the parties to comply with California
Civil Code Section 1468. Grantors for himself/herself /themselves and his/her /their successors and
assigns waive all rights under Civil Code section 1542. "Successors and assigns" as used here
includes without limitation: invitees, licensees, permittees, tenants, lessees, and others who may use
the Easement rights reserved in this Easement or use or be upon Grantors' Property or the lands
described in Exhibit "B," as the case may be, and/or their respective officers, agents and employees.
11. Grantors release Grantee from any present and future liability and promises not to sue
Grantee for damages or any other relief directly or indirectly based on noise vibration, discomfort,
inconvenience, interference with use and enjoyment, and any consequent reduction in market value
upon Grantors' Property, occurring as a result of lawful aviation or airport or airport- related
operations, if any, at or otherwise associated with LAX. The release and covenant includes, but is
not limited to claims (known or unknown) for damages for physical or emotional injuries,
discomfort, inconvenience, property damage, death, interference with the use and enjoyment of
property, nuisance, or inverse condemnation, or for injunctive or other extraordinary or equitable
relief. Grantor agrees that Grantee shall not have any duty to avoid or mitigate the damages.
36
Grantor further agrees to defend at his/her /their own cost, hold harmless and indemnify Grantee
from any claims, demands or liability for or based upon the exercise of the Easement rights granted
in this Easement.
12. No violation or breach of any provision of this Grant of Easement may be waived unless in
writing. Waiver of any one breach of any provision of this Grant of Easement shall not be deemed
to be a waiver of any other breach of any provision of this Grant of Easement.
13. In the event that one or more covenant, condition, right or other provision contained in this
Grant of Easement is held to be invalid, void or illegal by any court of competent jurisdiction, that
covenant, condition, right or other provision shall be deemed severable from the remainder of this
Grant of Easement and shall in no way affect, impair or invalidate any other covenant, condition,
right or other provision of this Grant of Easement.
14. This Grant of Easement has been negotiated and entered into in the State of California, and
shall be governed by, construed and enforced in accordance with the statutory, administrative and
judicial laws of the State of California.
15. Grantee shall cause this conditional Grant of Easement to be recorded in the office of the
Recorder of the County of Los Angeles within 30 days of the date of its acceptance by Grantee.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed this day of
200_.
GRANTORS
[Owner 1 ]
[Owner 2]
[Owner 3]
GRANTEE
Los Angeles World Airports
By:
[ADD NOTARY PUBLIC BLOCK]
Exhibit "A ": Legal Description of Grantors' Property
Exhibit `B ": Legal Description of Lands Within the jurisdiction of LAWA
37
EXHIBIT C
Documents Related to:
Air Quality & Source Apportionment Study of the Area Surrounding
Los Angeles International Airport
— Technical Workplan, November 17, 2000
-- Pilot Study Monitoring Plan, February 5, 2001
-- Preliminary Draft Emission Inventory Protocol, April 20, 2001
-- Pilot Study Quality Assurance Project Plan, September 4, 2001
— Draft Quality Assurance Project Plan
Appendix - Standard Operating Procedures, July 6, 2001:
— Standard Operating_ Procedures Provided by Tracer Environmental:
TECO Model 42C Oxides of Nitrogen Analyzer
API 400 Ozone Analyzer
TECO Model 48C CO Analyzer
TECO Model 43C S02 Analyzer
Calibration Procedure for TECO 146 Calibrator
ESC 8816 Data Acquisition System
Met One 010C Wind Direction Sensor
Met One 020C Wind Direction Sensor
-- Standard Operating Procedures Provided by Desert Research Institute (DRI)
1- 207.10- Sequel Filter Sampler: Operation, Maintenance, and
Field Calibration
1 -209.3 - Portable PM 10 Survey Sampler Field Operations
1 -210.1 - Portable PM 10 or PM2.5 Survey Sampler Field Operations
1 -701.4 - Canister Cleaning and Certification
1- 702b.3 - Operation of DRI 3- Canister Sampler
1- 702c.3 - Operation of DRI 6- Canister Sampler
1 -710.3 - DRI Carbonyl Sampler
1 -720.2 - Procedure for Collecting Tenax Samples
1 -720.3 - Procedure for Collecting Tenax Samples
1 -750.4 - 4 Channel Sequential FP /SVOC Sampler
2 -102.3 - Gravimetric Analysis
Page 1 of 2
Standard Operating_ Procedures Provided by DRI (continued)
2 -106.3 - Pre - firing of Quartz -Fiber Filters for Carbonaceous Material
Sampling
2 -108.3 - Sectioning of Teflon and Quartz Filter Samples
2 -109.4 - Extraction of Ionic Species from Filter Samples
2 -110.4 - Filter Pack Assembly, Disassembly, and Cleaning
2 -111.4 - Sample Shipping, Receiving, and Chain -of- Custody
2 -203.4 - Anion Analysis of Filter Extracts and Precipitation Samples
by Ion Chromatography
2 -204.6 - Thermal /Optical Reflectance Carbon Analysis of Aerosol Filter Samples
2 =206.3 - Analysis of Filter Extracts and Precipitation Samples by Atomic Absorption
Spectroscopy
2 -207.5 - Analysis of Filter Extracts and Precipitation Samples for
Ammonium by Automated Colorimetric Analysis
2 -703.4 - Analysis of VOC in Ambient Air by Gas Chromatography with Cryogenic
Concentration
2 -704.1 - Analysis of VOC in Ambient Air by Gas Chromatography and Mass
Spectrometry
2 -710.1 - Analysis of Carbonyl Compounds by High Performance Liquid
Chromatography
2 -720.4 - Analysis of VOC in C8 - C20 Range Collected on Tenax
by GC with FID or MSD /FTIR Detection
2 -750.4 - Analysis of Semi - Volatile Organic Compound by GUMS
X -Ray Fluorescence (XRF) Analysis of Aerosol Filter Samples
Page 2 of 2
3 5 U
Stewart, Jeffrey
From: Osa Wolff [wolff @smwlaw.com]
Sent: Friday, January 20, 2006 10:23 AM
To: jstewart @elsegundo.org
Cc: Kelly McDowell
Subject: Agreement Signature Page
Jeff,
The time has come to actually execute the LAX settlement agreement. Could you work on
getting the City's signature page ready (p. 25 of the
agreement) -- including any "attest" you may need from your city clerk and
Once you have that ready, please send an
original signature page to me. I will return a fully executed version of the agreement to
you for the City's records (with all the parties' signatures) as soon as I have one.
Best,
Osa
Osa L. Wolff
Shute, Mihaly & Weinberger LLP
396 Hayes St.
San Francisco, CA 94102
415.552.7272 (phone)
415.552.5816 (fax)
wolff @smwlaw.com
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