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HomeMy WebLinkAboutMINUTES - 09131988 - T.2 i T. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 13 , 1988 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Hearing on Proposed Buchanan Field Airport Noise Ordinance This time was previously scheduled for hearing on the proposed Buchanan Field Airport Noise Ordinance. The Chair declared the hearing opened. Virginia Schaefer, Chair of the Aviation Advisory Committee, appeared and reviewed the .draft ordinance. She advised that this was part of the extensive noise management program for the Airport.. She described the work of the Task Force in preparing to bring the ordinance to this Board. Supervisor McPeak expressed -the Board' s gratitude to the Aviation Advisory Committee and the Task Force for their diligent work in reviewing the draft ordinance. Ron Sorenson, 1124 Jamie Drive, Concord 94518, appeared and agreed with the remarks of Virginia Schaefer. .. Anthony Tiritilli, representing the Contra Costa Airport Association, urged the Board to structure the ordinance correctly so as to stand the test of time and not be viewed as restrictive. He expressed . concern over including lists of prohibited aircraft and the fact that it does not include rotorcraft. He suggested that the draft be changed to simply establish the weighted levels and provide that Federal Aviation Advisory Circular AC 36-3D be used as advisory. Paul Schabracq, representing the City of Pleasant Hill, expressed concern with respect to exception of night-time operation of commuter aircraft. He also expressed concern with the enforcement provisions of the draft. Andrea Wise, City of Pleasant Hill representative to the Aviation Advisory Committee, expressed concern that the ordinance may be challenged in court, stating she would rather see no ordinance than one that would cost the County money in the courts. She expressed concern with the lack of ability to enforce the ordinance and the fact that helicopters are not covered. She suggested a special committee to discuss helicopters and tilt-rotor .aircraft and other suggestions given today. Joyce Church, 2120 Morello Avenue, Pleasant Hill, advised that she was a member of the Task Force. She stated that when she inquired about the scheduled aircraft, she was told it was covered in the lease and she had not yet been able to get a copy of the latest draft of the lease agreement referred to in the ordinance. She advised that she shared the concerns of Mrs. Wise with rlespect ' to sideline noise. She stated that she had not been able to get copies of side noise regulations. She urged the Board not to adopt the ordinance at this time, but to give more time .for additional study. Supervisor McPeak commented that ' the Board did take formal action a few months ago to communicate with the City of Pleasant Hill and with U S Air making it very clear 'that the policy of the Board of Supervisors is that U S Air will operate only the BAE aircraft. Mike McClintock, Consultant for the Airport, responded to sideline noise concerns, and. to Mrs. Church' s concern with carrier operation outside the hours specified in the leases. No one else having desired to speak, the hearing was closed. Supervisor McPeak announced that she had drafted the following as a guide to language to be inserted in Section F of the ordinance that will accommodate the concerns discussed today: "Scheduled air carriers or scheduled commuter airline aircraft shall operate only that equipment approved by the Board of Supervisors and in no case may intentionally and regularly operate equipment that does not meet the noise standards established for Buchanan Field. "Further, Aircraft which are prohibited by ordinance need a process to demonstrate compliance. . . " . . .an appeal process from the decision of the Airports Manager. . . . Supervisor McPeak commented that this ordinance would provide for necessary noise control until equipment is obtained to insure every operation is going to meet the noise standard of Buchanan Field. The Board further discussed the matter. IT IS BY THE BOARD ORDERED that the proposed ordinance is introduced, reading waived; the Board declares its intent to adopt same, - staff is directed to prepare the final language incorporating Supervisor McPeak' s recommended modifications, and September 27, 1988 is fixed for adoption. Supervisor McPeak requested the Public Works Director to provide her with a copy of the U S Air Lease. 1a� F'.hq 'sur rye`Supe+rVIZZs�i!". cn the dzte io"e in, 1 A ZSTE :PHIL SAA, cc: Public Works Gy ___ ------ County Administrator County Counsel TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR _ DATE:. SEPTEMBER 13, 1988 SUBJECT: PUBLIC HEARING ON BUCHANAN FIELD AIRPORT NOISE ORDINANCE Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDED ACTION: HOLD public hearing on Buchanan Field Airport Noise Ordinance; and APPROVE Noise Ordinance to become effective January 1, 1989 . FINANCIAL IMPACT: There will be a nominal loss of revenue to the Airport due to lost fuel sales . This is estimated to be less than $1, 000 per year. REASONS FOR RECOMMENDATIONJBACKGROUND: The Airport Noise Ordinance was developed as a part of the Noise Study conducted under a Federal Grant. It was found during the Noise Study that certain noisy, corporate jets created a high, single event level noise impact on the surrounding communities . These older, noisier jets generate numerous complaints whenever they are operated to or from Buchanan Field Airport. It is the recommendation of the Noise Study consultant, the Public Works Department staff, the Aviation Advisory Committee, and the Noise Task Force (established by the AAC) to develop a method to prohibit the older, noisier jets from operating out of Buchanan Field Airport. (reasons continued on page 2) Cont'd on attachment: X yes Signatu Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature(s) : Action of Board on: Approved as Recommended Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN Unanimous (Absent ) ACTION TAKEN AND ENTERED ON THE Ayes: Noes: MINUTES OF THE BOARD OF Absent: Abstain: SUPERVISORS ON DATE SHOWN. Orig. Div. Public Works - AP Attested cc: County Administrator Phil i Batchelor, Clerk of the County Counsel Board of Supervisors FAA (via BFA) and County Administrator By Deputy Clerk HEW:dg noise.bo The AAC held 18 meetings since January 20, 1987 where the Noise Study and Ordinance were discussed. At each of these meetings , the AAC . provided substantial time for public discussion. The Noise Task Force (consisting of elected or appointed officials from Concord and Pleasant Hill, a citizen member from Concord and Pleasant Hill, a pilot member, and two members of the AAC) met ten times to discuss noise issues including the Noise Ordinance. All recommendations by the Noise Task Force were brought to the AAC for full discussion. Beginning in April 1986, the AAC and the Noise Task Force concentrated exclusively on the Noise Ordinance. On April 26 , the AAC held a meeting with the Noise Ordinance as the primary topic of discussion. At that time, the Ordinance was presented as a "Permitted List" . There was considerable objection to this by the pilots, groups and to a lesser degree by citizen groups . The AAC referred this back to the Noise Task Force for further study. On May 10, the AAC considered a draft of the Noise Ordinance which prohibits aircraft as opposed to permitting aircraft to operate from the Airport. This draft was circulated for public comment. At the June 21 AAC meeting, additional input was received from the pilots on the proposed Ordinance. The Ordinance was then referred back to the Noise Task Force for further consideration of the pilots' comments . On July 19, the AAC received the recommendations of the Noise Task Force regarding the Ordinance. The AAC voted to recommend the Ordinance to the Board of Supervisors with six members voting for the Ordinance, four members voting against, and one member being absent. The AAC further recommends that funding be pursued for a monitoring system as expeditiously as possible. The Airport staff advises that all efforts will be made to develop funding for a noise monitoring program. Funding for noise monitoring, however, will not be considered by the Federal Aviation Administration until the Noise Compatibility Study has been approved by the FAA. The FAA should approve this study by July 1989 . We will attempt to obtain funding for noise monitoring in the 1989-90 Federal Fiscal Year. : T. 2. Ordinance No. 88- Amendments to Airport Ordinance 87-8 Section 1. SUMMARY. This Ordinance adds various provisions to uncodified County Ordinance 87-8 ("the Airport Regulations") , amends and renumbers various provisions of the Airport Regulations, and adds a new Section 27 to the Airport Regulations. Section 2. DEFINITIONS. Section 3 of the Airport Regulations is amended to add the following provisions: For the purpose of this Ordinance, unless context requires otherwise, the words and phrases used herein shall have the meaning set out in this Section. Federal Aviation Administration definitions shall apply to technical words and phrases if not included herein. Chapter heads and Section heads or titles do .not constitute a part of this Ordinance but are for information purposes only. A. A-Weighted Sound Level The sound pressure level , expressed in decibels, that has been filtered, or weighted, to reduce the influence of extremely high or low frequencies to more adequately respond to the human perception of sound. B. Air Operations Area The portions of the Airport provided and made available for aircraft and related operations, and shall include aircraft runways, taxiways, ramps, aprons, parking spaces and areas directly associated therewith. C. Aircraft Any apparatus now known or hereafter designed, invented or used for navigation or flight in the air, except a parachute or apparatus used primarily as safety equipment. D. Aircraft Operator Any person or entity who owns, leases, rents, controls, manages or operates an aircraft. E. Airport Any and all airports under the ownership and control of Contra Costa County and including all property and improvements within the boundary lines of said airports. F. Airport Management The Manager of Airports and his duly authorized representatives are%, collectively referred to as Airport Management. 7/26/88 1 G. Based Aircraft Aircraft (1) which are tied down or hangared at the Airport at a monthly or longer charge; or (2) owned, leased or used by an aircraft operator who maintains a fixed place of business on the Airport; or (3) owned, leased or used by an aircraft operator who uses the Airport for the principal , or a substantial , portion of his or its activity. More than eight (8) landings in any thirty (30) day period shall be deemed a substantial use, unless otherwise determined by the Manager of Airports. H. Based Commercial Aircraft Operator A commercial aircraft operator who operates at the Airport pursuant to a lease with, or license from, Contra Costa County. I. Business or Commercial Activity Business or commercial activity is defined to include the use of the Airport for one or more ,of the following purposes: Carrying passengers, freight, express or mail for hire;. instructing in aviation or in any aviation related field for compensation; selling fuels, aviation supplies or materials; renting, selling, maintaining or servicing aircraft; or conducting any other aviation or non-aviation commercial or business activity including the sale of refreshments or any commodity of service; and the offering or soliciting of any act in this Section. J. Crash-Fire-Rescue (CFR) or Aircraft Rescue and Fire Fighting (ARFF) The Crash-Fire-Rescue (CFR) units at the Airport and-equipment owned or operated for the purpose of conducting Crash-Fire-Rescue operations. K. Commercial Aviation Operator Any person or entity who owns, controls, operates, manages, or leases any aircraft for any one or more of the following purposes: (1) the transportation by aircraft of persons or property for hire, 'including, but not limited to, common and contract carriers; (2) the operator of an aircraft utilized for student training to obtain compensation; (3) the operator of an aircraft leased for profit; (4) any person engaged in the business of selling aircraft parts or aircraft accessories; (5) the holder of a certificate for commercial aircraft operation under, Federal Aviation Regulations (FAR's) ; or (6) the operator of any aircraft determined by the Manager of Airports not to be a flying club aircraft, private aircraft, government, or public aircraft as defined in these regulations. An aircraft operator not otherwise a commercial aircraft operator shall not become one solely as a result of the leasing of his aircraft to a based aircraft operator who operates under a lease with or license from Contra Costa County. L. Decibel The unit for expressing the relative intensity of sounds. M. Fire District A County fire protection district in which the Airport is located. 7/26/88 2 N. Fixed Base Operator (FBO) Any person or entity who on or at the Airport engages for hire in the selling, storage, repair, servicing, renting, operating or fueling of aircraft, and who has a real property lease with Contra Costa County. 0. Flying Club A non-profit .association, partnership or corporation of five or more members owning or leasing aircraft based at the Airport, in which organization each club member is a bona fide part-owner of the aircraft (in case of owned aircraft) , or the holder of a share, but not more than one share, in the organization. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operation, maintenance and replacement of such aircraft. P. General Aviation All other aircraft operated at Buchanan Field Airport other than Scheduled Commercial Airlines, Military Operations, and Public or Government aircraft. Q. Manager of Airports That person designated by the Public Works Director of Contra Costa County as the day-to-day executive officer for the operation of the Airport. R. Owner The registered owner of an aircraft, the person in possession of an aircraft, including, .but not limited to, licensees, lessees and other such persons, and any fixed base operator (FBO) , flying club or other organization which allows a third party to use an aircraft under an agreement with the registered owner of the aircraft. S. Government Aircraft and Public Aircraft Aircraft owned or operated by federal , state or municipal government, or agencies thereof. T. Maximum Landing Weight The certified maximum gross landing weight for aircraft as prescribed by the Federal Aviation Administration (FAA). U. Person/Entity Any individual , partnership, corporation, association, joint venture, organization, group or duly authorized representative thereof. 7/26/88 3 V. Private Aircraft Aircraft used solely for the transportation of the owner; the owner' s employees, guests, or property; not operated for profit and not otherwise coming within any other definition set forth in these regulations. Such aircraft may be operated by other than the owner without losing its classification as private provided that such use by others does not include commercial operations. W. Private Aviation The operation and use of private aircraft. X. Scheduled Commercial Airline Any air carrier or commuter airline authorized by federal , state and local law and regulations to operate regularly scheduled commercial air service into and out of Buchanan Field Airport for the purpose of carry-',ng passengers, freight, or for any other commercial purpose. Y. Tenant Any person or employee of any person having a lease, permit, or agreement with Contra Costa County, or any person who is a sublessee of a lessee and is based at the Airport. Z. Transient Aircraft Aircraft that are not based aircraft as defined under Paragraph G. of this Section. AA. Transient Aircraft Parking Area Areas on the Airport which the Manager of Airports may, from time to time, designate for. parking of. transient aircraft. The FBO lessees may also have transient areas of their leased premises. AB. Uniform Fire Code The latest version of the Uniform Fire Code adopted by the County Fire Protection District in which the Airport is located. Section 3. Section 18.0.10 is hereby revised as follows: Practice landings and takeoffs, training and/or proficiency operations, including but not limited to touch-and-go operations, shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. local time. This time shall be 10:00 p.m. to 8:00 a.m. on weekends and all holidays observed by Contra Costa County. 7/26/88 4 ti Section 4. Section 27 is added to the Airport Regulations, to read as follows: Section 27. Airport NOISE RESTRICTIONS A. Maximum Permitted Noise Level Unless expressly exempted under Subsection E. of this Section, no person shall pilot, operate, or permit to be operated, any aircraft at Buchanan Field Airport which exceeds a sound level of 78.0 decibels on the A-weighted scale (dBA) on takeoff, under measuring procedures referenced, and . at noise levels set forth in U.S. Department of Transportation, Federa-1Aviation Administration ("FAA") Advisory Circular 36-3 ("AC 36-3") , as amended (March 27, 1986 - -or, if later amended, the most recent amendment of AC 36-3), entitled "Est'imated Airplane Noise Levels in A-weighted Decibels. " B. Maximum Permitted Nighttime Takeoff Noise Levels Un Tess expressly exempted under Subsections E.. or F. of this Section, no person shall pilot or operate any aircraft at Buchanan Field Airport which exceeds a sound level, of 75.0 decibels on the A- weighted scale (dBA) on takeoff, under measuring procedures referenced, and at noise levels set forth in FAA AC 36-3, as amended, durin the hours of 10:00 p.m. to 7:00 a.m. (2200 hours to 0,700 hoursj , local time. C. Determination of Compliance. Compliance with Subsections A. and B. of this Section shall be determined solely by reference to FAA ;AC 36-3, including Appendix 1, "Estimated Maximum A=weighted .Sound Levels for Airplanes at FAR Part 36 Appendix C Locations (Takeoff) for all aircraft listed in AC 36-3. An aircraft type and model. not . listed in FAA AC 36-3 as amended may operate at Buchanan Field Airport if 'it is in all other ways in compliance with the Airport Regulations as amended. D. Prohibited Aircraft List The Manager of Airports shall maintain, -and provide to all Airport tenants and any other person upon request., a list of aircraft types prohibited to use Buchanan Field Airport incompliance with the noise standards set forth in Subsection A. and Subsection B. of this Section; as determined by the procedures specified in Subsections A. , B. -or C. of .this Section ("Prohib'ited Aircraft List"). Unless exempt from the provisions of Subsection A. of ; this Section, 'no aircraft may tie-down, be based at, or otherwise use the landing, takeoff;` or other facilities of Buchanan Field Airport if that aircraft is listed. in the Prohibited' Aircraft List. 7/26/88 5' - -_ rt _ Y vim,-;nr - G �• The following categories of aircraft'� shal I be exempt from the provisions of Subsect-ion A. of this .Section: 1. Aircraft operated by the United States of America or the State of California; 2. Law enforcement, emergency, fire, or search and rescue aircraft oper"ated by any county or city of. the State of California; 3. Aircraft used in support of emergency or 'emergency . relief purposes. I.n the event of aircraft operations conducted pursuant to this exemption, then, within ten (10) days after conclusion of the emergency, the Manager of Airports shall submit to the Public Works Director a detailed written report regarding the nature -and duration of the emergency, and a description of the operations conducted pursuant to this exemption during ' the emergency period; 4. Aircraft having to use the Airport- in 'a , bona fide - emergency for the preservation of life .or property; 5. Civil Air Patrol aircraft when .engaged in actual search and rescue missions; 6. Aircraft engaged in landing(s) or takeoff(s) while conducting tests required by the Manager of Airports or other competent authority pursuant to the development of'-revised''noise standards, and noise or monitoring or management systems; 7. Itinerant .`'aircraft engaged in emergency " medical evacuation or transport, or engaged in transportation reasonably related to a medical emergency; 8. Aircraft, engaged by or with the consent of the Count Board of Supervisors for aerial exhibition (air show or static. d:isplay purposes at the Airport. F. 'Exemptions from Subsection B. Scheduled air carrier or` scheduled commuter airline aircraft shal l be governed by their lease agreements and the current Airport Access Plan in .lieu of- Subsection B. of 'this Ordinance as it relates to aircraft operations that have been delayed' in their "scheduled arrival or departure time as a result of equipment failure, bad weather, air traffic "control delays, or other similar circumstances beyond the control, of the operator, provided that preferential noise, abatement arrival Runway 19R or preferential departure Runway 32R can, .in the sole judgement of the pilot-in-command, be safely used by the aircraft for its delayed operation. Any person operating any aircraft pursuant to the exemption authorized by this Subsection shall submit a written report to the Manager of Airports within ten (10) days after the operation setting forth in .. detail the circumstances justifying the application of this exemption for any such operation. 7/26/88 6 r G. Notification The Manager of Airports requests publication of a Notice to Airmen (NOTAM) setting forth the restrictions of Subsections A. and B. of this Section. The Manager of Airports may also take other steps to provide information to aviation users of the nature and existence of these restrictions. Nothing in this Section shall provide or constitute a defense to any charge for violation of Subsections A. or B. of this Section. Section 5. Section 6.D.4. is added to the Airport Regulations to read: 4. Responsibility for Compliance It shall be the responsibility of all Airport users including, but not limited to, pilots and the owners of aircraft, to comply with Section 27. of this Ordinance. Action enforcing Section 27. of this Ordinance may be taken against either the pilot or owner of any aircraft violating Section 27. , as circumstances may require, and in accordance with the following provisions: (a) If -an aircraft is operated in violation of this Ordinance by a person other than the owner of the aircraft, the pilot, and not the owner, shall be subject to the penalties prescribed by this Ordinance, except: (b) If the pilot of an aircraft cannot be identified, the owner shall be presumed to have been the pilot of the aircraft with authority to control the aircraft's operation, or presumed to have authorized or assisted in the aircraft's operation. Such presumption may be rebutted by identification of the person, if any, who was in fact the pilot at the time of the alleged violation. (c) In the case of any . training flight, including, but not limited to touch-and-go operations, stop-and-go operations, and low or missed approaches, in which both an instructor pilot and a student pilot are in the aircraft which is alleged to have been operated in violation of Section 27. of this Ordinance, the instructor pilot shall be presumed to have caused such violation. Section 6. Section 6.F. is added to the Airport Regulations to read: F. Enforcement Officials and Employees In addition to all other persons authorized by law to enforce the Ordinances of the County of Contra Costa, and pursuant to the provisions of Section 836.5 of the California Penal Code and Contra Costa County Ordinance Code Section 14-8.000, those provisions of this Ordinance which are punishable as infractions may also be enforced by the Public Works Director. 7/26/88 7 1)eC 1011 %. trrtuliyc UHIL y - r This Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in Contra Costa County, promptly after passage by the Board of Supervisors. This Ordinance. shall be effective on January 1, 1989 or thirty (30) days after its publication, whichever date is later. PASSED ON 1988` BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Clerk . Board Chair ((seal.)) HEW:dg NoiseOrd.amn 7/26/88 8