Class "B" Intervenor's Pre-Hearing Conference Statement 3/3/99
Class "B" Intervenors
GERALD A. SILVER, Class Representative
HOMEOWNERS
OF ENCINO
(dba Stop the Noise!)
P. O. BOX 260205
ENCINO, CA
91426-0205
In Pro Per for Intervenors
BEFORE THE DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA
In the Matter of the Application of:
CITY OF LOS ANGELES, DEPARTMENT
OF AIRPORTS (VAN NUYS) Respondent.
) Case No. OAH No. L-1998040119
CLASS "B" INTERVENORS PREHEARING
CONFERENCE STATEMENT
Date: March 15, 1999 )
Time: 10:00 a.m.
Place: Airtel Plaza Hotel
Discovery
Cutoff: 3/1/99
Trial Date: Unknown
The information provided in this Pre-Hearing Conference Statement is based only upon information and documents that were available to and specifically known to the Class "B" Intervenors. It is respectfully requested that the information provided herein be received without prejudice to Class "B" Intervenor's right to produce evidence of any subsequently discovered fact or facts that Intervenor may later recall or discover.
The Class "B" Intervenors wish to reserve their right to change any and all witnesses identified herein who may testify at trial, any and all exhibits listed to be presented at trial and any legal issues discussed which may affect the presentation of evidence or disposition of the case until all investigation is conducted, additional facts are ascertained, analyses are made, legal research is concluded and contentions are made. With this understanding in mind, the Class "B" Intervenors submit the following Prehearing Conference Statement:
STATEMENT
1. OPERATIVE PLEADINGS
The City's Application for a Variance
Air Group's Request to Intervene
The City's Motion to Limit Proceeding
Air Group's Opposition to Motion to Limit Proceeding
Air Group's Prehearing Conference Statement.
Lake Balboa Neighborhood Association's Opposition to Respondent's Motion to Limit Parties (August 20, 1998)
Homeowners of Encino, Senator Tom Hayden, Encino Property Owners Assn., Sherman Oaks Homeowners Assn., and Sierra Club Angeles Chapter Motion for Joint Intervenor Status (August 21, 1998)
John C. Crawford and Bridget v. Wolfe Letter to Judge Rovner (August 21, 1998).
Prehearing Conference Order (September 8, 1998)
City's Prehearing Conference Statement (October 19,1998).
Air Group's Second Prehearing Conference Statement (October 19, 1998).
Notice of Ex Parte Communication and Order (October 14, 1998).
Notice of Election of Class "A" Intervenor Representative (October 26, 1998).
Notice of Election of Class "B" Intervenor Representative (October 26, 1998)
Class "B" Intervenors Response to Ex Parte Communication of Jon Rodgers (October 26, 1998).
Second Prehearing Conference Order (October 26, 1998)
2. ESTIMATE OF TIME FOR TRIAL
Class "B" Intervenors estimate three weeks for trial
3. WITNESSES TESTIFYING AT TRIAL
Class "B" Intervenors may designate one or more of the following witnesses to testify, if needed, depending on the scope and extent of the hearing:
1. Robert Beard, Airport Environmental Manager Noise Management Bureau, LAWA (310)646-9410. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints
2. Mark S. Adams, Noise Management Bureau, Environmental Supervisor, LAWA (310)646-9410. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints
3. Ronald Kochevar, Airport Manager, Van Nuys Airport, (818)785-8838 Subject matter: Noise logs, enforcement of night curfew, Fly Friendly violators, public relations efforts, airport rules, noise complaints
4. Stacy T. Geere, Principal Public Relations Representative Van Nuys Airport. Subject matter: Noise logs, enforcement of night curfew, Fly Friendly violators, public relations efforts, airport rules, noise complaints
5. James Marchese, Noise Management Bureau Environmental Associate. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints, Fly Friendly violators
6. Maurice Z. Laham, Airport Environmental Manager, Environmental Management Bureau, LAWA, Environ. Mgmt., (310)646-7614. Subject matter: Master Plan, Part 150 Steering Committee, Fly Friendly citations, curfew violations, environmental matters.
7. Philip Depoian, Deputy Executive Director, LAWA, (310)646-8158. Subject matter: Master Plan, Part 150 Steering Committee, VNY airport policy, curfew violations, expansion issues, economic issues
8. Craig Luna, Van Nuys Airport Property Real Estate Officer. Subject matter: airport lease conditions
9. John Driscoll, LAWA Executive Dir., LAWA (310)646-6250. Subject matter: Master Plan, Part 150 Steering Committee, VNY airport policy, curfew violations, expansion issues, economic issues, noise complaints
10. VNY Noise Officer (name presently unknown), (818)786-8838. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints
11. Steve Crowther, LAWA, Environ. Mgmt., (310)646-7614. Subject matter: Noise contours, flight strip data, INM runs and printouts
12. Scott Patro, VNY Noise Mgmt., (818)909-3571. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints
13. Lydia Kennard, Asst. Dir, LAWA (310)646-7393. Subject matter: Master Plan, Part 150 Steering Committee, expansion, VNY operations.
14. Lynn Wang, Noise Mgmt. Bureau, LAWA, (310)646-9410. Subject matter: Noise contours, flight strip data, INM runs and printouts, noise complaints
15. Charles Chamberlain, VNY - FAA Tower Chief (818)904-6166. Subject matter: Helicopter routes, aircraft routes, helicopter letters of agreement
16. Patricia Schnegg, BOAC (310)646-6250. Subject matter: Part 150 Steering Committee, BOAC policy, Master Plan
4. WITNESSES TESTIFYING BY AFFIDAVIT
Class "B" Intervenors may present one or more witnesses by affidavit, if needed, depending upon the scope and extent of the hearing.
1. Robert Beard, Airport Environmental Manager Noise Management Bureau, LAWA (310)646-9410
2. Mark S. Adams, Noise Management Bureau, Environmental Supervisor, LAWA (310)646-9410
3. Ronald Kochevar, Airport Manager, Van Nuys Airport, (818)785-8838
4. Stacy T. Geere, Principal Public Relations Representative Van Nuys Airport
5. James Marchese, Noise Management Bureau Environmental Associate
6. Maurice Z. Laham, Airport Environmental Manager, Environmental Management Bureau, LAWA, Environ. Mgmt., (310)646-7614
7. Philip Depoian, Deputy Executive Director, LAWA, (310)646-8158
8. Craig Luna, Van Nuys Airport Property Real Estate Officer
9. John Driscoll, LAWA Executive Dir., LAWA (310)646-6250
10. VNY Noise Officer (name presently unknown) (818)786-8838
11. Steve Crowther, LAWA, Environ. Mgmt., (310)646-7614
12. Scott Patro, VNY Noise Mgmt., (818)909-3571
13. Lydia Kennard, Asst. Dir, LAWA (310)646-739
14. Lynn Wang, Noise Mgmt. Bureau, LAWA, (310)646-9410
15. Charles Chamberlain, VNY - FAA Tower Chief (818)904-6166
16. Patricia Schnegg, BOAC (310)646-6250
5.EXPERT WITNESSES
Class "B" Intervenors may present one or more expert witnesses, if needed, depending upon the scope and extent of the hearing.
1. Dr. W. C. Meecham, (Resume - Exhibit 3) Professor UCLA, Mechanical and Aerospace Engineering Dept. 48-121 Engineering IV, 420 Westwood Plaza, Box 951597 Los Angeles, CA 90095-1597 Subject matter: This witness will testify on the impact of noise on the population living within the 65 CNEL contour. He will describe research activity related to acoustics, propagation of sound, and community noise measurement problems. His testimony will cover hazardous jet noise radiation, and the effects of jet noise on mortality rates.
2. Gary L. Blankenship, (Resume - Exhibit 4) Acoustic Engineer, Aviation Acoustics, Inc. 25881 Evergreen Rd. Laguna Hills, CA 92653 Subject matter: This witness will testify regarding the acoustics of jet engine noise, acoustic design and airport/community noise analysis, hush kit design, availability, cost and effectiveness, aircraft noise prediction, research and development programs related to hush kits. These issues bear directly on the population living with the 65 CNEL.
Class "B" Intervenors reserve the right to present rebuttal expert witnesses, if needed, to the other parties' expert witnesses.
6. SPECIAL ACCOMMODATIONS
Class "B" Intervenors anticipate that an overhead transparency projector will be needed at the hearing. Several display easels will also be needed.
7. DOCUMENTARY TRIAL EXHIBITS
Class "B" Intervenors may present some or all of the exhibits listed in Exhibit 2 (attached), depending upon the scope and extent of the hearing. Class "B" Intervenors reserve the right to offer rebuttal exhibits, if needed, to the other parties' exhibits. Class "B" Intervenors reserve the right to introduce additional documents, records of files when they are provided to us by LAWA, as a result of our discovery request.
8.STATEMENT OF LEGAL ISSUES
Pursuant to Title 21, California Code of Regulations, Section 5053, Class "B" Intervenors believe that the following legal issues are to be resolved at trial:
1. The economic and technological feasibility of complying with the noise standards. LAWA cannot disregard the noise standards set by the noise regulations and fail to minimize the 65 CNEL contour even though it is economically and technologically feasible to adhere to them. LAWA did not take aggressive efforts to see that hush kits were required on all jets operating out of VNY. Noise based landing fees were not put in place at VNY to encourage bringing the 65 CNEL into conformance with noise regulations. The economic reports on VNY did not include an analysis of the reduction in property values of residential land surrounding the airport.
2. The noise impact should the variance be granted. LAWA can not ignore noise impacts should the variance be granted in violation of noise regulations. The granting of a variance with conditions will have a significant impact on reducing noise within the 665 CNEL contour.
3. The value to the public of the services for which the variance is sought. LAWA should not be able to overlook the value to the public for which the variance is sought. Health benefits, quality of life issues, property values and other noise related considerations on residents should not be ignored by LAWA.
4. Whether the airport proprietor is taking good faith measures to the best of its ability to achieve the airport noise standards. LAWA should not be permitted to ignore the good faith requirement to implement noise reduction measures to minimize the 65 CNEL contour and achieve the airport noise standards. LAWA did not fully use any and all good faith measures at its disposal to minimize the 65 CNEL impact:
LAWA failed to complete the Master Plan and to address the reduction of the 65 CNEL contour. LAWA failed to complete and implement the Part 150 Study. LAWA failed to enforce the 12,500 lb. weight limit Resolution on air taxis and charters. LAWA failed to adequately report noise complaints, include them in logs, reports, and to fully follow them up with communications to Fixed Based Operators (FBO's), pilots and others in control of aircraft.
LAWA began a practice of logging only one complaint per telephone call, or fax received, regardless of the number of events the complainant wished to report. This deceptive practice was designed to minimize noise issues and defuse the growing scope of the noise problem. LAWA failed to phase out Stage 2 jets, thereby contributing to an increase in the 65 CNEL contour. LAWA failed to limit helicopters by lease provisions, there by increasing the 65 CNEL contour. LAWA failed to implement a Stage 2 non-addition rule, thus allowing more Stage 2 aircraft to enter the fleet and expand the 65 CNEL contour.
9.GENERAL CONDITIONS REGARDING GRANTING VARIANCE
The Class "B" Intervenors ask that a variance for Van Nuys Airport only be granted, with reasonable conditions ordered to achieve the purposes of Title 21, Article 5, Section 5054, and PUC, Sections 21669-21669.4.
Class "B" Intervenors request the imposition of the completion of a Noise Impact Area Reduction Plan (NAIRP) within twelve(12) months of the effective date of the variance. The NAIRP should include measures to reduce incompatible land use within the 65 CNEL area to zero during the life of the variance. (See Exhibit 1)
Class "B" Intervenors ask that all feasible noise abatement measures be placed in effect before implementing any noise mitigation measures. The converting of incompatible land use to compatible land use by sound proofing of homes should be the last resort implemented, after noise abatement measures such as curfews, phasing out of Stage 2 jets, re-routing of helicopters by voluntary agreement, etc. have been put in place. It is the contention of the Class "B" Intervenors that rezoning of residential land shall not be a mechanism to reduce the 65 CNEL contour. Rezoning should not be included in the terms and provisions of the variance.
The Class "B" Intervenors also request that all reasonable evidence and testimony be considered that reduces the 65 CNEL to zero, or minimizes its impact on residents. Evidence should not be limited only to those specific, measurable or physical sources that achieve an arbitrary numeric impact reduction. This fact is particularly important when evaluating the noise impact of helicopters. This class of aircraft causes a significant amount of disturbance, but does not contribute as heavily to the 65 CNEL at jet aircraft.
10.SPECIFIC CONDITIONS REQUESTED AS PART OF GRANTING VARIANCE
It is the Class "B" Intervenors' contention that the specific noise control measures discussed below are implementable under the airport proprietor's legal rights, granted by Congress as a means of controlling noise.
LAWA should not be able to avoid reducing the 65 CNEL to zero by claiming that such authority rests exclusively with the FAA. LAWA can legally implementing curfews, lease restrictions, the phasing out of Stage 2 aircraft, non-addition rules, and grand fathered rules, such as the 12,500 lb. limitation on air taxis and charters.
The State noise law (Title 21, Article 3, Section 5037) specifically outlines suggested methodologies for controlling and reducing noise problems: 5037. Suggested Methodology for Controlling and Reducing Noise Problems. The methods whereby the impact of airport noise may be controlled and reduced include, but are not limited to, the following:
(a) Encouraging use of the airport by aircraft classes with lower noise level characteristics and discouraging use by higher noise level aircraft classes;
(b) Encouraging approach and departure flight paths and procedures to minimize the noise in residential areas;
(c) Planning runway utilization schedules to take into account adjacent residential areas, noise characteristics of aircraft and noise sensitive time periods;
(d) Reduction of the flight frequency, particularly in the most noise sensitive time periods and by the noisier aircraft;
(e) Employing shielding for advantage, using natural terrain, buildings, and other obstructions to noise; and
(f) Development of compatible land uses within the noise impact boundary through rezoning, acquisition of aviation easements for noise (voluntarily in exchange for acoustical insulation, an agreed fee, or by eminent domain), application of acoustical insulation, or acquisition of property as examples.
Preference shall be given to actions which reduce the impact of airport noise on existing communities. Land use conversion involving existing residential communities shall normally be considered the least desirable action for achieving compliance with these regulations.
Class "B" Intervenors assert that the airport proprietor is not simply limited to these "suggested" measures, but in fact can and should implement additional measures under the proprietor's rights that go beyond those described in Section 5037.
As specific conditions to granting the variance, Class "B" Intervenors request the following be ordered:
1. Preparation of a Noise Impact Area Reduction Plan (NIARP) to minimize the 65 CNEL impact area, including milestones and a work plan with a timetable to achieve goals. (See Exhibit 1)
2. Preparation of an analysis of current and projected Stage 2 jets and Stage 3 jets operating from VNY, together with dates of acquisition.
3. Preparation of an analysis of current and projected helicopters operating from VNY, together with dates of acquisition.
4. Assessment and analysis of all noise abatement measures with reasons why measures cannot be adopted.
5. Agree to completion of the Part 150 Study with emphasis upon abatement not mitigation. Reliance upon soundproofing should be a last resort measure.
6. Agree to no increase in operations until a complete Master Plan with milestones to reduce 65 CNEL to zero is approved and in place.
7. LAWA shall begin a Part 161 Study to place a 10 PM to 7 AM curfew on helicopters, except for emergencies.
8. Establish a cap on helicopter operations until the 65 CNEL is reduced to zero.
9. Eliminate the Basin south helicopter route, except for emergencies, with helicopters routed over industrial land using the Stagg Street route.
10. Enforcement of the 12,500 lb. weight limit on air taxis and charters.
11. Phase out Stage 2 jets to reduce 65 CNEL contour to zero.
12. Implement a Stage 2 non-addition rule to reduce 65 CNEL contour to zero.
13. Add financial penalties to Fly Friendly violators.
14. Revise noise complaint reporting system - increase accuracy and completeness of report and follow up complaints both by phone, mail or fax. Report to pilots, operators and the local community the number and type of complaints filed by residents.
DATED: March 3, 1999.
Class "B" Intervenors
Gerald A. Silver, President, Homeowners of Encino dba "Stop the Noise!"
EXHIBIT 1 CLASS "B" INTERVENORS PROPOSED VARIANCE CONDITIONS
I. Completion Of A Plan To Reduce The Size Of The Noise Impact Area
A. The LA Dept. of Airports shall prepare a plan to reduce the size of the noise impact area pursuant to California Code of Regulations title 21, Sec. 5050 (the "Noise Impact Area Reduction Plan").
B. The LA Dept. of Airports shall complete its Noise Impact Area Reduction Plan within twelve (12) months after the effective date of this variance.
C. The LA Dept. of Airport's Noise Impact Area Reduction Plan may form a part of, and be prepared together with, the LA Dept. of Airport's Part 150 Study and/or the noise compatibility program, subject to the time limit set forth in condition B above.
D. The LA Dept. of Airport's Noise Impact Area Reduction Plan shall include the following items:
1. A detailed analysis of the current and projected sources of aircraft noise at the Airport, including:
a. The types of aircraft operating at the Airport;
b. The time of day of operations by each aircraft type; and
c. Whether the aircraft are Stage 2 or Stage 3.
2. Consideration of all possible noise abatement measures;
3. A cost-benefit analysis of all noise abatement measures considered;
4. A statement as to how much reduction in the size of the noise impact area could be expected from each noise abatement measure;
5. A statement as to why each noise abatement measure considered is or is not recommended for inclusion in the Noise Impact Area Reduction Plan;
6. Consideration of all possible noise mitigation measures;
7. A cost-benefit analysis of all noise mitigation measures considered;
8. A statement as to how much reduction in the size of the noise impact area could be expected from each noise mitigation measure;
9. A statement as to why each noise mitigation measure considered is or is not recommended for inclusion in the Noise Impact Area Reduction Plan; and
10. A detailed statement explaining how the LA Dept. of Airports intends to implement the Noise Impact Area Reduction Plan, including:
a. A timetable for the implementation each noise abatement measure;
b. A timetable for the implementation each noise mitigation measure;
c. A timetable for seeking any necessary FAA approvals.
E. It would be in the best interests of the LA Dept. of Airports, the residents of Los Angeles and those persons who work in the noise impact area for the LA Dept. of Airports to include the approved Noise Impact Area Reduction Plan in its Part 150 Study and/or noise compatibility program. Accordingly, we urge the LA Dept. of Airports:
1. Not to submit its Part 150 Study and/or noise compatibility program to the FAA until CalTrans has approved the LA Dept. of Airport's Noise Impact Area Reduction Plan; and
2. To include the approved Noise Impact Area Reduction Plan in the Part 150 Study and/or noise compatibility program it submits to the FAA.
F. The variance shall expire on the sooner of:
1. Thirteen months from the effective date of this variance, or
2. Thirty days after the date on which the LA Dept. of Airports files an application for a new variance as provided in Condition H below.
G. The LA Dept. of Airports may request a reasonable extension of the variance upon a showing that it is not possible for the LA Dept. of Airports to complete the Noise Impact Area Reduction Plan within the original term of the variance. Any such request for an extension must include the following information:
1. A time certain by which the LA Dept. of Airports will complete its Noise Impact Area Reduction Plan; and
2. A representation as to whether the Class "B" Intervenors support or oppose the extension.
H. As part of its application for a new noise variance, the LA Dept. of Airports shall submit the following material:
1. A copy of the Noise Impact Area Reduction Plan;
2. A copy of the noise compatibility program;
3. A copy of Part 150 Study;
4. Copies of all studies, reports and other material upon which the LA Dept. of Airports or its consultant relied in preparing, reviewing and/or approving the Noise Impact Area Reduction Plan, the Part 150 Study or the noise compatibility program.
I. CalTrans shall make reasonable provision for an accelerated hearing schedule on the LA Dept. of Airport's application for a variance, giving due regard to the interests of potential interveners and the need of all parties for discovery.
II. Enforcement Of Noise Rules
A. The LA Dept. of Airports shall develop and implement a plan to require anyone operating aircraft at the Airport to provide the LA Dept. of Airports a log of operations setting forth aircraft type, time of operation, gross takeoff weight and any other information required to allow the LA Dept. of Airports to determine whether each operation complied with the LA Dept. of Airport's noise rules.
B. The LA Dept. of Airports shall develop and implement a plan to enforce its noise rules. The plan shall include, but not necessarily be limited to:
1. Procedures to review on a daily basis operation logs to ensure that each operation complied with the LA Dept. of Airport's noise rules;
2. Procedures for investigating possible noise rule violations, including record keeping for tracking the investigation;
3. Standards for determining when a potential violation should be referred to the LA City Attorney for resolution or when a potential violation can be resolved by staff;
4. A requirement that all records and other material obtained or generated by the LA Dept. of Airports during an investigation of a potential violation be retained for at least 60 months after the investigation is closed.
C. The LA Dept. of Airports shall make the operation logs and other materials relating to the investigation and enforcement of its noise rules available upon request to the California Department of Transportation and to the Class "B" Intervenors.
III. Accurate Determination Of The Noise Impact Area
A. The LA Dept. of Airports shall include in its quarterly noise reports sufficient information to allow Los Angeles County and Cal- Trans to determine whether the report, including the calculation of the size of the noise impact area, complies with the California Airport Noise Regulations. This disclosure should include:
1. A complete and accurate statement of how the LA Department of Airports determined the location of the noise impact boundary, including a description of all data used in that process;
2. If the LA Dept. of Airports uses computer generated contours to assist in locating the noise impact boundary, the LA Dept. of Airports must disclose:
a. What computer program was used;
b. The input data that the LA Dept. of Airports or its consultants entered into the computer program to enable it to generate the contour; and
c. Why the LA Dept. of Airports or its consultants selected that particular data set.
B. The LA Dept. of Airports transmit the Quarterly Noise Reports to Class "B" Intervenors at the same time the reports are sent to CalTrans.
C. As part of its Quarterly Noise Reports, the LA Dept. of Airports must indicate what it has done in the previous quarter in each of the following areas:
1. Enforcement of the LA Dept. of Airport's noise rules;
2. School and residential acoustic insulation;
3. Responses to complaints regarding noise;
4. Attending meetings, conferences or seminars regarding noise abatement measures;
5. Attending meetings, conferences or seminars regarding noise mitigation measures;
6. Study of new noise abatement measures;
7. Study of new noise mitigation measures;
8. Implementation of new noise abatement measures;
9. Implementation of new noise mitigation measures;
10. Applications or requests for federal funding or approval of new noise abatement measures;
11. Applications or requests for federal funding or approval of new noise mitigation measures.
IV. Additional Requirements
A. The LA Dept. of Airports complete a Part 150 Study, acceptable to the FAA within the life of this variance.
B. The LA Dept. of Airports complete a Master Plan, acceptable to the community within the life of this variance.
C. The LA Dept. of Airports undertake a Part 161 Study to implement a 10 PM to 7:00 AM curfew on helicopter operations.
D. The LA Dept. of Airports begin rigorous enforcement of its 12,500 lb. weight limit on air taxis and charters.
E. The LA Dept. of Airports develop an effective telephone/fax noise complaint reporting system that includes follow up to both residents and the aircraft operators.
F. The LA Dept. of Airports begin a program to phase out Stage 2 jets from the airport within a five year period.
G. The LA Dept. of Airports place in effect a non-addition rule to preclude additional Stage 2 aircraft from joining the fleet.
H. The LA Dept. of Airports develop a plan to review all leases that come up for renewal to include a provision that excludes additional Stage 2 jets and helicopters from joining the fleet.
I. The LA Dept. of Airports begin a program to implement hush kit installation on all aircraft operating at VNY.
J. The LA Dept. of Airports enter into agreements with the FAA tower and helicopter operators to preclude the use of the Basin arrival and departure routes and to implement greater use of the Stagg St. route for helicopters.
EXHIBIT 2
LIST OF EXHIBITS
1. Noisy Airports: The Sound and the Fury, Los Angeles Lawyer, Oct. 1984
2. Noise Pollution: Irritant or Hazard?, Harvard Medical School Health Newsletter, June 1986
3. Noise is more than just a pain in the ear..., The Council on the Environment of New York City
4. The Effect of a Noise Abatement Program on Reading Ability, Journal of Environmental Psychology, 1981 1,215-222
5. Noise Control and Abatement, Airport System Development, August, 1984.
6. Sound Effects on Behavior, Psychology Today, Oct. 1981
7. Noise Hurts!, National Assoc. of Neighborhoods, May 1980
8. Aircraft Noise Interferes with Daily Activities, Sleep and Health, Lehman College-University of New York, May 19, 1997
9. Study: Chronic Noise Damages Children's Health, This Week in Germany, May 5, 1996
10. Kids near airports don't read as well because they tune out speech, Cornell study finds, Cornell University, April 24, 1997
11. Beware: Noise is Hazardous to Our Children's Development, Hearing Rehabilitation Quarterly, Vol. 22, Number 1
12. Human Response to Environmental Noise, American Psychologist, Feb. 1996
13. Hazardous Jet Noise Radiation at Schools Near Los Angeles International Airport, UCLA, 1972 [Lane and Meecham]
14. Effects of Jet Noise on Mortality Rates, UCLA [Meecham and Shaw]
15. Aircraft Noise Fact Sheet for Noise Awareness Day, League for the Hard of Hearing, 1996
16. Noise - More Than a Threat to Our Ears, League for the Hard of Hearing, 1996
17. Incentive to Encourage the Use of Quiet Aircraft Technology, Mc Donnell Douglas Helicopter Systems, August 1994
18. Noise & Health, The New York Academy of Medicine, 1991
19. Resolution NO. 13369, Board File No. 2013.1, Oct. 27, 1982
20. Letter to Gerald A. Silver, Pres. Homeowners of Encino, from Mayor Tom Bradley, June 25, 1984
21. Van Nuys Airport: Expansion? Pro... Clifton Moore, Valley Gazette, 8/17/84
22. Letter to LAWA, Board President, from Gerald A. Silver, Pres. Homeowners of Encino, April 23, 1984
23. Letter to LAWA, Mr. Cochran, from Gerald A. Silver, Pres. Homeowners of Encino, Dec. 17, 1984
24. Letter to Clifton Moore, LAWA from Councilman John Ferraro, August 10, 1984
25. Letter to Elizabeth K. Armstrong, BOAC from Councilman Marvin Braude, April 24, 1984
26. Resolution No. 12271, Board File No. 2013.1, Oct. 8, 1980
27. Letter to Councilman Ernani Bernardi from Clifton A. Moore, LAWA, Aug. 3, 1984
28. Letter to Councilman Ernani Bernardi from Otis W. Dunham, Jr., LAWA, June 22, 1984
29. Statement to Board of Airport Commissioners from Councilwoman Joy Picus, April 25, 1984
30. VNA Lease between LAWA and Clay Lacy Aviation, Inc. approved Aug. 2, 1980
31. Letter to Councilman John Ferarro from Gerald A. Silver, Pres. Homeowners of Encino, May 5, 1984
32. Letter to LAWA, Mary Lou Crockett from Gerald A. Silver, Pres. of Encino, May 5, 1984
33. Letter to Councilwoman Joan Milke Flores from Councilman John Ferarro, Feb. 26, 1985
34. Letter to Gerald A. Silver, Pres. Homeowners of Encino, from Charles D. Zeman, Jr., Airport Manager, July 3, 1985
35. BOAC Minutes, June 26, 1985
36. BOAC Minutes, Oct. 27, 1982, with draft Resolution 12/27/82
37. BOAC Agenda, June 16, 1982
38. Homeowner groups protest airport traffic, Daily News Oct. 1984
39. Panel Seeks to Cool Noise Fight at Van Nuys Airport, LA Times 12/23/84
40. Letter to Councilman John Ferarro from Gerald A. Silver, Pres. Homeowners of Encino, Jan. 15, 1985
41. Letter to Congressman Howard Berman from BAN, Don Schultz, Mar. 11, 1985
42. Letter to BAN, Don Schultz from Johnnie L. Cochran, Jr. BOAC Mar. 14, 1985
43. Van Nuys Airport community liaison hired, Daily News, 12/24/85
44. Unscheduled Air Taxi Rules Run Into Unscheduled Commission Ire, LA Times, 4/29/84
45. Airport ordinance comes out of blue, Daily News Jan. 28, 1997
46. Letter to Clifton Moore, LAWA from Councilman Marvin Braude, Dec. 21, 1984
47. Letter to Richard Riordan, Jim Hahn, Dan Garcia, Jack Driscoll, et al, from Gerald A. Silver, Pres. Homeowners of Encino, Jan. 27, 1997
48. Attorney weighs in with opinion, Daily News, May 7, 1997
49. Letter to Senator Tom Hayden (with report: Aircraft Operations and Regional Air Quality Impacts) from Robert Price, Senior Project Manager, CH2MHill, July 16, 1998
50. Memorandum [with attachments] to Ronald J. Kochevar from Harry D. Woody, VNY Operations, Jan. 26, 1998
51. Memorandum [with attachments] to Ronald J. Kochevar from Harry D. Woody, VNY Operations, Mar 19, 1998
52. Commercial Jet Noise Footprint Comparison (Exhibit 3C), Coffman and Assoc., 1995
53. Business Jet Noise Footprint Comparison (Exhibit 3D), Coffman and Assoc.,1995
54. Aircraft Noise Complaint Form (Revised 8-95), LAWA
55. Airport Noise Complaint Response Office, Noise Complaint Form, LAWA
56. Letter to Van Nuys Citizens Advisory Council from Breton K. Lobner, June 9, 1998
57. Web Page printout: http://www.ifravionics.com, Jan. 13, 1997
58. Web Page printout: http://www.claylacy.com/charter.htm, Mar. 1, 1997
59. Web Page printout: http://www.claylacy.com/ramp.html, Mar. 1, 1997
60. Web Page printout: http://www.group3aviation.com, Mar. 1, 1997
61. Web Page printout: Heli USA Sightseeing, June 25, 1998
62. National Helicopter Corp. of America v The City of New York, et. al Docket Nos. 97-7142, Feb. 17, 1998
63. History of noise reduction efforts at VNY by the Los Angeles Department of Airports
64. Van Nuys Airport Helicopter Operations, 11 pm to 7 am, Jan. 1, 1997 to July 31, 1997
65. Van Nuys Airport Flight Strip Data Arrivals/Departures, June 21, 1995 to March 31, 1997
66. Business & Commercial Aviation, May 1998, page 28
67. City Council motion, adopted June 11, 1996 re: Helicopters
68. Wach News and City Council motion, Sept. 9, 1997
69. VNY Quarterly Noise Monitoring Report, LAWA, 12/17/97
70. Noise Impact History at VNY, Noise Management Bureau, 11/21/97
71. VNY Helicopter Routes (2 sides)
72. Attachment B, Aircraft Noise Violations, Santa Monica Air port, Feb. 1998
73. 1997 Annual Report, page 3, Santa Monica Airport, Aircraft Noise Violation Fines & Bans
74. Los Angeles World Airports, LAFCO Overview, p. 26, 27
75. Van Nuys Airport, Fly Neighborly Violators, Supplementary Report, April 15, 1996 to August 26, 1996
76. Van Nuys Airport, Fly Neighborly Violators, Supplementary Report, August 27, 1996 to March 31, 1997
77. Letter to Jack Driscoll, LAWA from Gerald A. Silver, Homeowners of Encino, Dec. 30, 1994
78. City Urges New Plan to Collect Aircraft Fines, L.A. Times 4/17/96
79. Los Angeles City Council Motion, April 9, 1996, Feuer, Chick
80. Plan could speed collection of airport fines, Daily News 4/10/96
81. Fines Bog Down in Violations of Curfew at Van Nuys Airport, L.A. Times, 4/3/996
82. Most Van Nuys Airport curfew fines go unpaid, Daily News, April 1, 1996
83. News from Los Angeles City Attorney Jim Hahn, 6/20/96
84. Van Nuys Airport Violations Draw Record Penalty, L.A. Times, 6/21/96
85. Riordan sells stake in Lear jet, Daily News, 2/2/96
86. Not the people's lawyers, Daily News 5/8/97
87. Editorial on City Attorney's Office rebutted, Daily News, 5/15/97
88. BOAC Agenda, 7/14/88 with helicopter Resolution 13942, 10/5/83
89. Councilman Joel Wachs News, 9/9/97, with Motion and L.A. Times, 9/10/97 article
90. Van Nuys firm aims to land 737 work, Daily News, 6/20/97 (2 sides)
91. Community Involvement Policy Statement, David Hinson Administrator, April 17, 1995
92. Letter to Ron Kochivar, Manager, VNY from Gerald A. Silver, Pres. Homeowners of Encino, Mar. 27, 1998
93. Letter to Gerald A. Silver, Pres. Homeowners of Encino from Ronald J. Kochevar, VNY Airport Manager, 4/20/98
94. Impact of Noise on People, U.S. Dept. of Trans., May 1977
95. Helicopter Noise in Rural Communities: Assessment of Existing Knowledge, P. D. Prevedouros, Phd, June 1, 1993
96. Airport Noise Control Strategies, FAA, May 1986
97. The Effect of Airport Noise on Housing Values: A Summary Report, Booz-Allen & Hamilton Inc., Sept. 15, 1994
98. VNY Helicopter Operations Study, LAWA, November, 1991
99. Survey of Helicopter Activity at VNY, LAWA, 1995 [Communi Quest]
100. Analysis of Helicopter Activity in Sherman Oaks Area, LAWA, 1993 [CommuniQuest]
101. Background letter regarding Dr. W. C. Meecham
102. Personal Experience Summary, Gary L. Blankenship
103. Assessment of Community Noise, Noise Control Engineering, Sept.-Oct. 1974
104. Generalized Planned LAND USE, City of Los Angeles, prepared by the Department of Planning, August 1990
105. FAR Part 150 Airport Noise Compatibility Planning, Revised Oct. 25, 1989
106. FAA AC 150/5020-1 Noise Control and Compatibility Planning for Airports, 8/5/83
107. Letter to Congressman Howard Berman from Gerald A. Silver, Pres. Homeowners of Encino, Aug. 29, 1991
108. Letter to Maurice Z. Laham (LAWA) from FAA, Howard S. Yoshioka, 10/5/93
109. Letter to Maurice Z. Laham (LAWA) from Senator Tom Hayden, June 3, 1996
110. Letter to Maurice Z. Laham (LAWA) from Gerald A. Silver, Stop the Noise!, Oct. 17, 1996
111. Van Nuys Airport, Daily News, 10/27/96
112. Letter to Van Nuys Part 150 Steering Committee from Breton K. Lobner, Nov. 18, 1996
113. Letter to Ms. Patricia Schnegg/Maurice Laham from Gerald A. Silver, Pres. Homeowners of Encino, 1/31/97
114. Letter to VNY Part 150 Steering Committee from Patricia Schnegg, 2/4/97
115. Letter to Jack Driscoll (LAWA) from Councilmember Laura Chick,4/24/97
116. Letter to Richard Riordan, Mayor, et all, from Gerald A. Silver, Pres. Homeowners of Encino, 6/12/97
117. Letter to David Kessler, FAA from Gerald A. Silver, Pres. Homeowners of Encino, 7/1/97
118. Letter to John J. Driscoll from Congressman Brad Sherman, 1/28/98
119. "What Residents Expect form the Van Nuys Airport Master Plan!", Stop the Noise!
120. Letter to Robert A. Chick (BOAC) from Councilman Joel Wachs, 3/24/92, together with News Release, 4/1/92 and Motion 4/1/92
121. "Sparks expected to fly over airport plan", Daily News 4/17/95
122. Public Comment - Master Plan Advisory Committee, Stop the Noise!, Aug. 23, 1995
123. Letter to Councilman Hal Bernson from Gerald A. Silver, Pres. Stop the Noise!, 11/27/95
124. Letter to John Driscoll (LAWA) from Councilman Joel Wachs, 12/5/95
125. Letter to John Driscoll (LAWA) from Gerald A. Silver, Stop the Noise!, 12/13/95
126. Letter to Lydia Kennard (LAWA) from Gerald A. Silver, Stop the Noise!, 2/15/96
127. Letter to Gerald A. Silver from Lydia H. Kennard, (LAWA), 3/5/96
128. Letter to Lydia Kennard (LAWA) from Gerald A. Silver, Stop the Noise!, 3/25/96 with 11 attached letters from local elected officials
129. Letter to Jack Driscoll (LAWA) from Councilmember Laura Chick, 4/18/96
130. Letter to Gerald A. Silver from John J. Driscoll, 5/1/96
131. Letter to Jack Driscoll (LAWA) from Gerald A. Silver, Pres. Homeowners of Encino, 5/14/96
132. Letter to Jack Driscoll (LAWA) from Senator Tom Hayden, 12/3/96
133. Letter to Daniel Garcia, Pres. BOAC from Councilman Joel Wachs, 4/9/97
134. Van Nuys Airport Expansion Plan, 8/6/74, with fold out map
EXHIBIT LIST - DOCUMENTS MADE AVAILABLE BY LAWA:
201. Memoranda from Harry D. Woody, VNY Operations, dated: ___________ Stage 2 and Stage 3 aircraft inventory at VNY
202. Operations and maintenance records and data logs of noise monitoring equipment from sites surrounding Van Nuys Airport
203. Noise contour maps drawn from 1989 to the present. California State Airport Noise Standards Quarterly Report: Van Nuys every 4Q since last variance, and all quarters for past year.
204. Van Nuys Airport Noise Abatement/Curfew Regulation (Ordnance 155,727, 8/31/81) as amended in Ordinance 171889.
205. Economic impact report Wilbur Smith Associates (1992)
206. Economic impact report of the Noise Control Regulation for Van Nuys Airport, Jan. 19, 1995 Aviation Corp. of America
207. Economic impact report of the proposed State II non-addition Rule and its Operating Limitations on VNY, Aviation Corp. of America (Kennedy)
208. Database, listing and report of flight strip data of Stage 2 and Stage 3 transient jets landing/departing at Van Nuys Airport between 1997 and the present
209. Van Nuys Airport Tenant directory
210. Correspondence and other writings directed to Van Nuys Airport management regarding noise abatement measures taken
211. Writings/documents regarding enforcement of noise violations, including, fines, operating status penalties, and referrals to the City Attorney's office for prosecution.
212. List of curfew/noise violations levied on aircraft operators at Van Nuys Airport between the years 1997 to the present.
213. Log of "Fly Friendly" citation letters issued between 1997 and present, with sample letters.
214. Documentation of pilot noise reduction education/in-service training programs in existence between the years 1989 to the present. Handouts, pamphlets and instructional materials issue for the purpose of educating aircraft operators in noise reduction matters.
215. Written policies and statements in effect between the years 1989 to the present regarding arrival and departure routes for helicopters (both fixed based and transient).
216. Noise complaint logs for all complaints registered against helicopter operators/jets/piston flights out of Van Nuys Airport for the years 1989 to the present. Log contains listing of com plaints, summary tallys and follow up actions.
217. Van Nuys Airport User Guide (April 1987)
218. Documentation of definable/measurable noise reduction achieved by Van Nuys Airport in response to the "Fly Friendly Program" instituted.
219. Documentation of definable/measurable noise reduction achieved by Van Nuys Airport in response to the imposed curfew.
220. Documentation of aircraft operators participating in the "Fly Friendly Program" since its inception, includes dates opera tors received information/instruction in said program, agreement to comply documents executed, dates citations issued as a result of violations, and communicated recommendations to the City Attorney prosecution for violations.
221. Set of writings and reports regarding the VNY Part 150 Study and non-completion of the Part 150 Study
222. Graphic depiction of helicopter routes in existence between the years 1989 and the present, also described as "helicopter route chart."
223. VFR Terminal Area Chart, 37th edition, dated July 16, 1998
224. Aerial View of Van Nuys [wall mounted].
225. Van Nuys Airport Layout.
226. Van Nuys Operations Summary.
227. Chronology of Van Nuys Noise Mitigation and Monitoring Actions
228. Van Nuys Pilot Information Booklet.
229. Fly Friendly at Van Nuys Airport
230. Van Nuys Airport No Early Turn Program
231. Van Nuys Airport Users Guide (April 1987)
232. Pilot information Booklet
233. Important Pilot Information New Van Nuys Airport Noise Restriction
234. Understanding the City of Los Angeles Ordinance No. 155727 Van Nuys Airport Noise Abatement and Curfew Regulation
235. BOAC Resolution 19247
236. Van Nuys Airport 1994 Noise Exposure Contour Evaluation, 1995, prepared by Landrum & Brown, Inc., March 1995, including two summary sheets regarding the "Fly Friendly Program".
237. Integrated Noise Model (INM) input run stream data for 1997 noise contours [floppy disk]
238. Set of reports prepared by LAWA regarding the VNY Master Plan, including related records addressing the series of meeting
related to developing the plan.
239. VNY helicopter operation logs from 8/1/97 to present
240. VNY flight strip date from 4/1/97 to present
241. Copies of Letters of Agreement between helicopter operators, FAA tower and LAWA.
242. Wyle Research, Aircraft Noise Monitoring System Evaluation and Enhancement Study, Feb. 1986
243. Van Nuys Airport No Early Turn Program
244. Van Nuys Airport Quiet Flight Procedure Jet Aircraft
245. BOAC Reso. 12271 (10/8/80) - Van Nuys Policy: Prohibition on scheduled air carrier operations reaffirmed.
246. BOAC minutes for meetings of: May 10, 1989, Sept. 27, 1989, April 18, 1990, June 13, 1990, March 20, 1991, July 17, 1991, Feb. 18, 1992, Oct. 5, 1992, Nov. 9, 1993, July 25, 1995, including relevant staff reports
247. Proposed non-Addition Rule of Stage II Aircraft
248. U.S. Terminal Procedures - Southwest (SW).
EXHIBIT 3 CURRENT RESUME - DR. WILLIAM MEECHAM
EXHIBIT 4 CURRENT RESUME - GARY L. BLANKENSHIP
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