• •
<br /> 6. The terms of subparagraph 4.4(h)of the Phase 1 Agreement shall inure to the benefit of City, to
<br /> wit, Port shall,from the date of execution of this Addendum, until Port discontinues providing monthly reports to
<br /> KJOB, provide City,with a monthly report that, for each nightly period in the month between the hours of 10 p.m. and
<br /> 7 a.m.,depicts the flight tracts of each departure to the north from the Airport and arrival from the north to the Airport,
<br /> and identifies the air carrier and flight number, if any, associated with each such arrival and departure. If Port
<br /> discontinues providing monthly reports to KJOB, then the reporting requirement in this paragraph 6 will be provided
<br /> on a quarterly, rather than a monthly, basis until that requirement terminates pursuant to the terms of subparagraph
<br /> 4.4(o)of the Phase 1 Agreement.
<br /> 7. Port shall immediately provide City with a copy of the noise study prepared by Vincent Mestre, P.E.
<br /> under the terms of subparagraph 4.4(j)of the Phase 1 Agreement.
<br /> 8. The terms of subparagraph 4.4(1)of the Phase 1 Agreement shall inure to the benefit of City,to wit,
<br /> Port, in accordance with the provisions of Section"11"of the Settlement Agreement, shall work with the City
<br /> Committee, an advisory body consisting of three(3) members of City's City Council, plus one alternate. The City
<br /> Committee shall be supported by Port staff as determined by Port's Executive Director. The City Committee shall
<br /> receive: (i)at least ten(10)days prior to the meeting, via e-mail at addresses supplied by the City, the agenda,
<br /> including brief descriptions of closed session items as required by the Brown Act, for all regular meetings of the
<br /> Board of Port Commissioners and its Aviation Committee. Meeting agendas will be mailed to City Committee
<br /> representatives who do not have e-mail addresses. Copies of all public staff reports shall be e-mailed to the City
<br /> Committee at least five(5)days prior to each regular meeting of the Board of Port Commissioners and its Aviation
<br /> Committee. Copies of public staff reports shall be mailed to City Committee representatives who do not have e-mail
<br /> addresses; (ii)at least the minimum amount of notice required by the Brown Act delivered personally by telephone or
<br /> via e-mail, for special and emergency meetings of the Board of Port Commissioners and its Aviation Committee; and
<br /> (iii) at least ten (10)days written notice before Port implements any airport projects, except emergency projects or
<br /> projects for which the need to take action arose after posting of the agenda. The City Committee shall have work
<br /> session meetings with the Aviation Committee of the Board of Port Commissioners three(3)times per year to
<br /> discuss issues and concerns regarding pending or proposed airport projects and the City Committee may schedule
<br /> additional internal City Committee work session meetings before the Port takes action on major airport projects or
<br /> plans, such as approval of the Master Plan described in subparagraph 4.4(k), above. The City Committee and Port
<br /> may each provide items to be placed on the agenda for such work session meetings as long as such requests are
<br /> made in writing and submitted to the other party at least fifteen(15)days prior to the meeting. A scheduled meeting
<br /> shall not be postponed or canceled by the City Committee or Port without reasonable cause and reasonable advance
<br /> notice and discussion. Port shall be responsible for ensuring that the Aviation Committee and Board of Port
<br /> Commissioners meetings comply with any applicable requirements of the Brown Act and Port or City of Oakland
<br /> regulations. City shall be responsible for ensuring that attendance of and participation by City representatives at the
<br /> Aviation Committee and Board of Port Commissioners meetings comply with any applicable requirements of the
<br /> Brown Act and City regulations. A status report item from the City Committee and the Aviation Committee shall be
<br /> placed on the Board of Port Commissioners' agenda at least once annually. The goal of the City Committee, the
<br /> Aviation Committee, and the Board of Port Commissioners shall be to enhance communication between the parties
<br /> regarding pending or proposed airport projects, and to establish a relationship of trust and cooperation.
<br /> 9. The consideration agreed to in Sections"3", "4","5", "6", "7"and"8"of this Addendum shall be
<br /> considered additional benefits(hereafter"Additional Benefits").
<br /> 10. In furtherance of its Settlement Agreement obligations, and as consideration for the Additional
<br /> Benefits and Early Payment, City agrees(i) not to object, challenge, or take any action that hinders approval,
<br /> construction, operation, maintenance, or financing of any components of the ADP as defined in the Phase 2
<br /> Agreement, (ii)City will not encourage or assist any other entity or individual in objecting to, challenging,or taking
<br /> any action that hinders approval,construction, operation, maintenance or financing of any ADP facilities, (iii) City will
<br /> 43080 3
<br /> Addendum to Settlement Agreement
<br /> July 25,2003
<br />
|