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SR-8-A (5) tf~/)/tP09-cr3 g-f} OCT 2 7 1981 . CA:RMM:SSS:se CouncIl MeetIng 10-27-81 Santa MonIca, CalIfornia STAFF REPORT TO: Mayor and City CouncIl FROM: City Attorney SUBJECT: Ordinance Establishing InterIm Airport NOIse Limit of 100 SENEL and Extending the Departure Curfew INTRODUCTION At its meeting on July 14, 1981, the CIty Council dIrected the CIty Attorney to prepare an ordinance establishing an interim noise lImIt of 100 SENEL for aIrcraft departIng from or landing at the Santa Monica Airport and to extend the existing curfew on departures for one hour every morning. In response to this dIrectIon, the accompanYIng ordinance has been prepared. BACKGROUND AND ANALYSIS 1. The 100 SENEL LImIt. On February 27, 1971, the CIty Council adopted Ordinance Number 909 (CC5), whIch established a "Single Event Noise Exposure Level" limit of 100 decibels for noise produced by aIrcraft taking off from or landIng at the Santa MonIca Airport. The ordinance was codIfIed as MunIcipal Code Section 10105B, and was known as the "100 SENEL" limIt. On August 24, 1979, ChIef Judge IrvIng Hill of the united States District Court for the Central DistrIct of CalifornIa upheld the 100 SENEL limit. The deCISIon, Santa Monica Airport Association v. CIty of Santa Monica ("Airport I"), also upheld 1 .. ~ f- fJ ~~ ~ ~ OCT 2 '7 1931 the City's ordinances establishing a night departure curfew, prohIbiting helicopter training, and prohibIting pattern flying on weekends. However, the Court declared invalId the C1ty'S total ban on jet a1rcraft and enjo1ned 1ts enforcement. On October 23, 1979, the C1ty Council adopted OrdInance Number 1137 (CCS) which amended Section 10105B, to provIde for an 85 SENEL limit and to prohibIt aIrcraft estimated to be unable to meet that limit from uS1ng the AIrport. The 100 SENEL 11m1t was effectively repealed. On November 20, 1979, Judge Hill 1ssued a pre11mlnary inJunction agaInst the enforcement of SectIon 101058 pending trIal of Its legality. National Business Aircraft AssociatIon v. City of Santa Monica ("Airport II"). This trial has been stayed pending decis10n of the united States Court of Appeals in A1rport I. On Apr1l 23, 1981, the Court of Appeals affirmed Judge HIllis decis10n 1n Airport I. On September 23, 1981, the Court of Appeals den1ed rehear1ng of the case, and issued a new, amended opinion specifically upholdIng the 100 SENEL ordinance. The Court held that the City had the r1ght to enact reasonable regulations to protect 1tS environment and prevent liab11Ity from airport noise and that the 100 SENEL ordinance was a valid means of achieving these object1ve. The proposed ordinance would re-establIsh the 100 SENEL lImit pending the development of the permanent noise ordinance. The 100 SENEL 1S intended as an InterIm measure only: it w1l1 2 expire SlX months from its adoption or when superseded by a permanent noise ordlnance, whlchever is first. The proposed ordlnance would amend Section 10105B to be vlrtua11y identical to the 100 SENEL limit which was previously in effect. Some technlcal modificatlons have been made in accordance with the recommendatlons proposed ordinance also contalns a Alrport Director to exclude repeat Airport for up to 180 days. of our consultant. The provision permlttlng the violators from using the B. The Departure Curfew Extens1on. On December 13, 1977, the Clty Council adopted Ordinance Number 1075 (CCS), amending Municipal Code Section 10101, to impose a curfew on take-offs or englne start-ups between the hours of 11:00 p.m. and 6:00 a.m. on weekdays and 11:00 p.m. and 7:00 a.m. on weekends. The nlght curfew was upheld in A1rport I. The staff report supportlng Ordinance 1075, testimony at trial, and a 1979 Technical Study all stress the importance of minimizing alrcraft nOlse durlng hours when people tend to be asleep. Indeed, the State and the FAA consider night nOlse to be ten times more annoying that daytime noise and weigh their 24-hour cumulative Community NOlse Exposure Level measurements accordingly. Our consultant has recommended an extenslon of the departure curfew on weekends as one of the most slgnificant measures the City could take to reduce the level of communlty annoyance from aircraft nOlse. The proposed ordinance would amend Section 10101 to extend the departure curfew one hour each mornlng -- until 7:00 a.m. on 3 weekdays and 8:00 a.m. on weekends. It is not believed to be legally dIstinguIshable from the eXIstIng departure curfew~ any effects It may have on commerce are indIrect and InsubstantIal. ALTERNATIVES 1. Introduce the ordInance for first readIng as drafted or as amended In the Council's dIscretion. 2. DeclIne to take any action. RECOMMENDATION It IS respectfully recommended that the ordinance be Introduced for fIrst reading. The ordinance has been reviewed by the Airport CommIssIon which likewIse recommends adoption of the ordinance. Prepared by: Robert M. Myers, CIty Attorney Stephen S. Stark, AssIstant City Attorney 4 CA:RMM:SSS City Council MeetIng 10-27-81 Santa Monica, California ORDINANCE No. {CIty Council Series} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH AN INTERIM AIRPORT NOISE LIMIT OF 100 SENEL AND TO EXTEND THE DEPARTURE CURFEW WHEREAS, it is the POlICY of the City of Santa Monica to abate nOIse by aircraft using the Santa Monica AIrport and to prohlblt use of the Airport by particularly noisy types of alrcraft: and WHEREAS, the City's r Igh t to enforce a SIngle Event Noise Exposure Level (SENEL) lImit of lOa dB was upheld In Santa Monica Airport ASSOCIation v. City of Santa Monica~ and WHEREAS, the Clty is preliminarily enJoined from enforcing its SENEL lImit of 85 dB pendlng trlal in NatIonal Business AIrcraft AssociatIon v. CIty of Santa MonIca; and WHEREAS, the CIty 1S undertakIng a comprehensive review of airport noise and land use compatlbillty; and WHEREAS, the publIC health, safety, and welfare require that there be an enforceable airport noise limit; and WHEREAS, the City Council of the CIty of Santa MonIca desires to repeal the SENEL limit of 85 dB and establish an interim SENEL limit of 100 dB pendIng further study of appropriate long-term noise abatement measures; and 1 WHEREAS, extension of the departure curfew by one hour each morning would, in the opinion of experts and resIdents, significantly reduce disturbance and annoyance caused by aircraft nOIse, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10101 of the Santa Monica MuniCIpal Code is hereby amended to read as follows: Section 10101. Hours. The airport shall be open for public use at all reasonable hours of the day and night, subJect to such restrictIons as are provided hereIn or are due to inclement weather, the conditions of the landIng area, the presentation of specIal events, and like causes as may be determIned by the AIrport Director. Night landings will be permItted, but nIght take-offs or engIne start-ups are prohibIted between the hours of 11:00 p.m. and 7:00 a.m. on Monday through Friday and 11:00 p.m. through 8:00 a.m. on Saturday and Sunday. The AIrport DIrector or in his absence the Watch Commander of the Santa Monica Police Department may approve take-off or landing during said hours, provided It appears that an emergency InvolVIng lIfe or death exists, and approval is obtaIned before take-off. 2 SECTION 2. Section 101058 of the Santa Monica Municipal Code IS hereby amended to read as follows: SectIon 101058. RestrictIons for the Aircraft Noise Santa Monica MunicIpal AIrport. (a) ProhibItIon And Remedy for Repeated Violation. An aircraft takIng off from or landIng at the Airport shall not be operated in VIolation of this section. A person who VIolates this sectIon more than once may, at the dIscretion of the Airport DIrector and after being given notice and an opportunIty to be heard, be prohibited from using the AIrport for a period not to exceed 180 days, except upon such condItions as the Airport Director may prescribe. The remedy provided in thIS subsectIon shall be supplemental to any other remedy provided by law. Each violation subsequent to the fIrst VIolation shall be specifically remediable. (b) DefInItions. Each of the terms as used In this section shall be defined as follows: (1) Sound pressure level (SPL): The sound pressure level, In decibels (dB), of a sound is twenty times the logarithm to the base 10 of the ratio of the pressure of this 3 sound to the reference sound pressure. The reference pressure shall be 20 micropascals (20 micronewtons per square meter, or 0.0002 microbar) . (2) Noise level (NL): The noise level, In deCIbels, is an A-weighted sound pressure level as measured using the slow dynamic characterIstics for sound level meters specified In the American National Stanndard SpeCIfIcatIon for Sound Level Meters, ANSI Sl.4-l97l (or latest reVIsion thereof.). The A-weightIng characterIstics modIfIes the frequency response of the measurIng instrument to account approximately for the frequency characteristIcs of the human ear. The reference pressure is 20 micropascals. (3) NOIse Level Maximum (NLM): The maximum NL reached during an aircraft noise occurrence. ThIS is synonymous with the unIt "dBAM" as found in FAR-36, Part 36, Appendix F. (4) NOIse exposure level (NEL): The nOIse exposure level in decibels IS the nOIse accumulated durIng a given event. More speCIfically, the noise exposure level is the level of the tIme-Integrated A-weighted sound pressure for a stated tIme Interval or event, 4 based on ffiIcropascals second. a reference pressure of 20 and a reference duration of one (5) (SENEL) : SIngle event noise exposure level The single event nOIse exposure level, In decibels, is the nOIse exposure level of a sIngle event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise levels of a single event exceeds the threshold noise level. For implementatIon of thIS Section, the threshold noise level shall be 65 NL. (6) CalIfornIa AIrport NOIse Standards: The CalIfornIa AIrport NOIse Standards are defIned In the CalIfornIa Department of AeronautICS "Noise Standards", CalIfornIa AdminIstratIve Code, Subchapter 6, Title 4 (Register 70, No. 48, November 28, 1970), or latest revisions thereof. (7) Aircraft Operator: AIrcraft operator means the legal or beneficial owner of the aircraft with authority to control the aircraft utIlization; except where the aIrcraft is leased, the lessee IS the operator. Aircraft operator also means the pilot of an aircraft. 5 (S) City: City means the City of Santa Monlca. (9) Alrport: Airport means the Santa Monica MunlcIpal AIrport. (10) Aircraft Model: Aircraft Model means a version of an aIrcraft that requires or if now manufactured would require nOlse certlfication under FAA rules. (c) Methodology. The noise levels generated by aircraft takeoffs or aircraft landings at the Airport are to be measured at one or more positions In the VICInity of the Airport. The measurements shall be in terms of the SENEL. The measured SENEL values are to be compared with nOIse level limlts established by this Section. An aircraft operator whose aircraft produces noise levels WhICh exceed the SENEL limits shall be deemed to be in violation of thIS Section. (d) Measurement LocatIons. Measurements shall be made at ground positlons on or near the center line of nomlnal takeoff and landlng flight tracks for aircraft operating from the Alrport. The nom:nal flIght track IS a line projected on the ground under the nominal flight path of the aircraft. Measurement positIons shall be 6 established feet from west end measurement needed to Section. (e) Frequency of Measurement. At each establIshed microphone locatIon, slngle event nOIse exposure level measurements shall be made on a schedule to be establIshed by the by the City at a position 1500 the east and 1500 feet from the of the runway. Additional positions may be establIshed as carry out the purpose of this CIty. (f) NOlse MonItoring System Specifications. The noise monioring system shall measure the single event noise exposure level of nOlse events exceeding the noise threshold establIshed at each measurement positIon and shall log the time of occurrence of each event. The performance of the noise monItoring system shall meet the requIrements established in Noise Standards, as amended. In general the overall accuracy of the noise measurement system shall be +1.5 dBAs determined in accordance with the procedures specified in Section 5080.3 of the CalIfornia Airport Noise Standards, as amended. (g) FIeld Measurement Precautions. SpecIfic locations of the monitoring systems 7 shall be chosen, whenever possible, such that the nOIse levels contrlbuted from sources other than aircraft shall be equal to or less than 60dB. The measurement microphone shall be placed 20 feet above the ground level or at least 10 feet from the nelghboring rooftops, whlchever is hlgher. To the extent practIcal, the following precautions should be followed: (1) Each monltoring location shall be in an open area surrounded by relatlvely flat terraln having no excesive sound absorption characteristlcs such as may be caused by thIck tall grass, shrubbery or wooded areas. (2) No obstructions WhICh would signlficantly influence the sound fleld from the aircraft shall exist wlthin the conlcal space above the measurement posltion, the cone being defined by an aXlS along the line of slght normal to the aIrcraft and by a half angle of 75 degrees from thlS aX1S. (3) When the foregoing precautIons are not practical, the microphone shall be placed at least 10 feet above neighborIng buildIngs In a posItIon which has a clear llne-of-sight view to the path of the aircraft In flight. 8 (h) MaXImum Allowable Single Event Noise Level (SENEL). The CIty shall set noise level lImits for each of the establIshed measurement posItions. For the noise monItor statIons specified in subsectIon (d) above, the maXImum permIssible SENEL shall be 100 Decibels. SECTION 3. Section lOl05B of the Santa Monica MuniCIpal Code, as amended by SectIon 2 of this Ordinance, IS repealed and shall be of no effect on the l8lst day fOllowIng its effectIve date. It IS the intent of the City Council to adopt appropriate noise abatement measures upon completIon of an AIrcraft Noise and Land Use CompatIbility Study. SECTION 4. Any provision of the Santa Monica Municipal Code or appendIces thereto Inconsistent with the proviSIons of this ordInance, to the extent of such InconSIstenCIes and no further, are hereby repealed or modifIed to that extent necessary to affect the proviSIons of thIS ordInance. SECTION 5. If any section, subsectIon, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstItutional by a deciSIon of any court of any competent JuriSdiction, such decision shall not affect the valIdity of the remaInIng portions of the ordinance. The CIty Council hereby declares that it would have passed this ordinance and each and every sectIon, subsectIon, sentence, clause or phrase not declared invalId or unconstitutIonal without regard to whether 9 any portlon of the ordlnance would be subsequently declared Invalid or unconstltutlonal. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordInance. This City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. The ordinance shall become effective after thIrty (30) days from Its adoption. APPROVED AS TO FORM: ~~~~ , Robert M. MyerS'" - - City Attorney 10 .' LAWYE~S ?-/~ /tJ-:l.7--tf/ ;fe~ .~~.-' v--~7 ~~ RICHARD L KNICKERBOCKER, INC 320Q AIRPORT AV~""'......S SANTA MONICA CALIFOq""A 984-05 i213~ 39;:)-9561 24-HCUR ~EL:E-:::]""O"""'E i2i3J 451-8' 9 October 27, 1981 Members of the C~ty Counc~l C1ty of Santa Mon~ca 1685 Main Street Santa Mon1ca, Callforn~a 90401 Reference: Proposed Curfew Change, Santa Monica Airport Dear Members of the C~ty Councll: Th15 letter lS sent on behalf of the Santa Mon~ca A1rport Assoc~at1on and the operators located at the Santa Monica A1rport. It 15 a formal Ob]ect1on to the Clty.S proposed modlflcat~on of the ex~stlng curfew at the Clty.S a1rport. It is our legal p051t~on that no mater~al change in curfew tlmes can be made without the preparatlon, reVlew and adoptlon of an environmental 1mpact report. It is clear that the adopt1on of th1S change curfew times w~ll cause a mater1al environment and on the environment communlt1es. proposed ord1nance to effect on our C1ty.S of our ne1ghbor~ng You should also note that there ~s currently litigation pendlng aga1nst the C~ty challeng1ng the adoption of var10US City regulat10ns based on the grounds that they have a substant1al adverse effect on the enVlronment of ne1ghbor1ng communtles adjoin1ng the City of Santa Monlca. There 1S no legal support for the C1ty' S pos1t~on that an env1ronmental ~mpact report 1S not requlred for a curfew change. Indeed, the 1n1 t~ation of such a study would be a benef1 t not only to the persons who ut~l~ze the a1rport, and the ad]O~nlng communities, but also to the C1ty of Santa Mon~ca as well. The ASSoclat1on and the C~ty are presently engaged 1n productive settlement negotlat1ons w~th regard to the future of the alrport. A precipitious act~on by the Councll at thlS time would place the Cl ty in an adversary rather than cooperat1ve posture. It lS to everyone.s benef~t 1f th1S could be avo~ded. :' C1ty of Santa Mon1ca October 27, 1981 page two It should also be ment10ned at this time that the Associat10n 1S prepar1ng an applicat10n for cons1deration by the F.A.A. to request 1t to exam1ne the issue of whether the Clty is 1n default of ltS grant agreements, sponsor assurances, and various covenants and conditions of the federal government agreements. The primary baS1S tor the Associatlon's request is the fa1lure of the Clty to enter lnto long-term leases, even with the F.A.A.i the failure of the Clty to adopt adequate safety measures, such a mlcrowave landing systems ~ the fallure of the City to permlt the lnstallation of safer runway llghts~ and the failure of the Clty to adopt the usual and beneficlal n01.5e lmprovements customarily used by other alrports of comparable size and usage. We further obJect to the adoptlon of the curfew on the basls that lt wl11 create a substantlal burden on lnterstate commerce and vlo1ates agreements wlth the federal government. In concluslon, on behalf of the ASSoclatlon, we respectfully request that the pending ordlnance not be consldered wlthout an accompanying envlronmental report. Yours very truly, KNICKERBOCKER & PERRY } .' j / 7; . J' ~ t 1'\ I!., i / . ; /1 . l {I i: By :;/)..j{';;YI.A..'>---'; ~. i-- _______ !~lchard L~ Knickerbocker RLK: J k cc: Santa Monlca Airport Assoclatlon