Of Matters To Come Before The Board Of Airport Commissioners Of The City Of Los Angeles Convened In Regular Session In The Concorde Room Of The Artel Plaza Hotel, 7277 Valjean Avenue Van Nuys, California 91406, On Wednesday, July 28, 1999 At 7:00 P.M.
ROLL CALL: Mr. Contreras, Ms. Schnegg, Mr. Valdry, Mr. Wong, and President Agoglia
7:00 P.M. Discussion And Consideration Of The Formal Agenda
LEGISLATIVE ADVOCATE REGISTRATION
The city’s municipal lobbying ordinance (Los Angeles municipal code section 48. 01 et seq.' as amended) states "every lobbyist and lobbying firm shall register with the city ethics commission within 10 days after qualifying... City law defines a "lobbyist" as " any person who receives or becomes entitled to receive $4,000 or more in compensation during any calendar quarter to communicate directly for the purpose of influencing municipal legislation on behalf of any other person.'
To ensure that all parties who may be subject to the law have the information they need to comply with its provisions/ the secretary to the board will forward copies of all speaker cards to the city ethics commission. For more information about the city's lobbying law and how it may apply to you' contact the ethics commission at (213) 237-0310, or at 201 n. Los Angeles Street, LA. Mall, suite 2, Los Angeles, Ca 90012.
Los Angeles City Charter Section No. 32.3. Commission and Board Actions - City Council Review.
Notwithstanding any other provisions of this Charter, actions of commissions and boards shall become final at the expiration of the next five (5) meeting days of the City Council during which the Council has convened in regular session, unless City Council acts within that time by a two-thirds vote to bring such commission or board action before it for consideration and for whatever action, if any, it deems appropriate. If the Council asserts such jurisdiction, said commission or board will immediately transmit such action to the City Clerk for review by the Council and the particular action of the board or commission shall not be deemed final or approved. The City Clerk, upon receipt of such action, shall place the action on the next available Council agenda in accordance with applicable State law and Council Rules. If the Council asserts such jurisdiction over the action, it shall have the same authority to act on the matter as that originally held by the board or commission, but it must then act and make a final decision on the matter before the expiration of the next twenty-one (2}) calendar days from voting to bring the matter before it, or the action of the commission or board shall become final.
This Section "shall not apply to actions by any commission or board required to be referred for approval to or appealable to, the Council pursuant to other provisions of this Charter, or any ordinance or statute, in effect prior to February 13, 1991.
Sign language interpreters, assistive listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability, you are advised to make your request at least 72-hours prior to the meeting you wish to attend. For additional information, please contact: The Secretary of the Board at (310) 646-6263.
The proposed amendment restricts the addition of any new Stage 2 aircraft (with noise levels exceeding 77 dBA) from being permanently based at VNY. No such aircraft may remain at the airport longer than 30-days in any calendar year. Freezing the number of Stage 2 aircraft with 77 dBA or above noise levels at the present number while prohibiting other similar aircraft from permanently moving to VNY as based aircraft, will reduce the proliferation of older and louder Stage 2 aircraft operating at VNY. The proposed measure does not reduce the number of existing Stage 2 aircraft based at VNY. The existing fleet of Stage 2 based aircraft will be allowed to continue to operate at VNY. For the six years after adoption of the new regulation (or until December 31, 2005) based aircraft permanently being removed from VNY can be replaced with replacement aircraft that do not exceed 85 dBA [stage 2] on takeoff. After 2005 only Stage 3 or Stage 2 aircraft with 77 dBA or lower on departure will be allowed as replacement aircraft.
The proposed amendment has an exemption for aircraft repair and maintenance. A Stage 2 aircraft may be parked, tied down or hangared at Airport in excess of the 30-day limit for major repairs or refurbishment subject to several conditions. Prior to the day of arrival of the aircraft for maintenance, the Airport Manager must receive a written "work notice" with the anticipated date of arrival, the name of the aircraft type and owner and registration "N" number, the name of the company to perform the work, and an estimate of the stay. The aircraft owner must obtain a written permit form the Airport Manager authorizing an exemption prior to or within 24 hours of arrival of the aircraft; and also the aircraft owner operator must provide written notice of departure to the Airport Manager within 24 hours of departure from the Airport.
It is anticipated that over time the number of louder based Stage 2 aircraft will diminish as older based aircraft are replaced by quieter and newer aircraft. Importantly, tenants and FBOs at VNY will be allowed to continue sublease and tie down arrangements with those current Stage 2 aircraft grandfathered under the provisions of this proposed amendment thereby avoiding adverse economic consequences. The non-addition amendment will not prohibit the temporary use of VNY by itinerant Stage 2 aircraft (less than 30 days per year).
Recommendation: Adoption of the Report requesting that the Board of Airport Commissioners approve amending the existing Van Nuys Airport Noise Control Ordinance 155,727, request the City Council to amend the Van Nuys Noise Control Ordinance 155,727 by adding the following sections:
Section 5.1 Non-addition
No person or tenant may tie down, park, or hangar any aircraft at Van Nuys Airport, whose Advisory Circular 36-G takeoff noise level equals or exceeds 77 dBA, for more than thirty (30) days in any calendar year, unless said aircraft is exempt based aircraft.
Exemption A - Stage 3: The provisions of this section shall not be applicable to any aircraft certificated at Stage 3 pursuant to 14 Code of Federal Regulation Part 36.
Exemption B - Repair And Maintenance: Notwithstanding the restrictions of Section 5.1, a Stage 2 aircraft with a takeoff noise level in excess of 77 dBA may be parked, tied down or hangared at Airport in excess of the 30 day limit [and such additional time as is necessary] to perform major repairs or refurbishment, required maintenance inspections or systems installations and warranty work (hereinafter "work") provided all of the following conditions are fully satisfied:
(a) Prior to the day of arrival of the aircraft at Airport, the Airport Manager receives a written "work notice" containing the Anticipated date of arrival, the name of the aircraft owner and operator, the aircraft type and registration "N" number, the name of the company or entity contracted to perform the work, a description of the work to be performed, and the estimate of the duration of the stay; and
(b) The aircraft is not being charged a tie-down fee or other use fee by an Airport tenant; and
(c) The aircraft owner or operator obtains a written permit from the Airport Manager authorizing an exemption under this subsection prior to or within 24 hours of arrival of the aircraft at Airport; and
(d) The aircraft owner or operator fully complies with all conditions and terms stated in the written permit granted by the Airport Manager, including but not limited to mandating daytime hours for flight arrivals and departures; and
(e) The aircraft owner or operator provides written notice of departure to the Airport Manager within 24 hours of departure from the Airport.
Exemption C - Replacement: Until December 31, 2005, notwithstanding the provisions of Section 5.1, an exempt based Stage 2 aircraft, as defined in Section 1, subsection (gg), may be replaced with another Stage 2 aircraft exceeding 77 dBA ("replacement Stage 2 aircraft"), provided all of the following apply:
The Stage 2 aircraft being replaced will no longer be based at Airport; and Calculated on the date of replacement, the replacement Stage 2 aircraft has an Advisory Circular 36-3G takeoff noise level not exceeding 85 dBA; and
The replacement Stage 2 aircraft, after January 1, 2011, shall not be tied down, parked or hangared at Van Nuys Airport for more than thirty (30) days in any calendar year.
A replacement Stage 2 aircraft exceeding 77 dBA shall not be considered an "exempt based aircraft", nor shall its continued presence at Van Nuys Airport under Exemption C ever entitle it to "exempt based aircraft" status.
(Add) Subsection (gg) to Section 1
(gg) Exempt Based Aircraft - All aircraft which were parked, tied down or hangared at Airport for ninety (90) days or more during the twelve (12) months immediately preceding December 31, 1999.
Discussion of attendance at aviation related events and discussion of, and possible action re future Board Meeting Dates. (Next Meeting dates: Board of Airport Commissioners' Meeting, 9:30 a.m. Tuesday, August 3 and 17, 1999 at Los Angeles International Airport).
Commission requests for calendaring of future agenda items
Comments from the public