CCMIN 08172021 - Laserfiche WebLink

Mr. Johnson advised in 2018 Congress put forward a five-year reauthorization bill to fund the FAA through fiscal year 2023. The legislation contains noise-related information and studies relative to resetting the level of annoyance used to measure the level of significance for noise around airports. He explained this has been a major discussion point for many years for communities like Pleasanton who live in the approach and departure path of airports. The study will continue going forward and should help to potentially readjust the level of significance for noise associated with aircraft operations. In response to Councilmember Testa's inquiries, Mr. Dolan clarified the City of Livermore accepted grant funds that require them to be a public use airport and is the normal operating procedure. Mr. Johnson advised it is highly unlikely that stopping federal funding to a public use airport can be the path to effectively closing an airport or changing its operation. He cited federal law is strongly in favor of continuing operation and the reason for federal funding and grant assurances is to ensure the airport is safe and well-maintained for public use and public benefit the airport provides to the local community. Councilmember Testa hoped it would be an avenue for more quality of life and good neighbor policies. She advised the issue is the night flying is waking residents at 2:00 a.m. and having more control to enforce those good neighbor policies would be helpful. Councilmember Arkin also requested more information on the grant funds and if there is a possibility that returning those funds would lead to having more control to enforce certain rules would be helpful. In response to Councilmember Arkin's inquiries, Mr. Dolan advised he can obtain the single noise event data based on the noise measurements but correlating it to a specific flight might be more difficult. In response to Councilmember Balch, Mr. Johnson confirmed the 1990 Airport Noise Capacity Expansion Act (ANCA) provides a path for putting in place noise restrictions with standards. There is a broader set of provisions in the ANCA that allows the City to pursue avenues for limitations on various types of aircraft and operations. He reiterated it is very difficult to meet that bar and noted no airport has although several have tried. Mr. Dolan added he does not know if the Livermore Planning Commission or City Council will have the ability to add conditions of approval such as complying with a voluntary noise ordinance on KaiserAir. He reported the noise study measured noise levels over two weeks and would be repeated over the same period in another month. In response to Mayor Brown, Mr. Johnson advised aircraft pay to buy fuel at the airport and some of the fuel cost is a fee to help defray the cost of operation of the airport. Fuel and all equipment and materials used to operate an airplane have taxes and fees that go into a federal trust fund to help pay for airport improvement program grants that the airport receives over time. It is highly unlikely that Livermore would limit fueling of airplanes during a certain period to discourage flying at late hours and he noted it goes back to the grant obligations as a public-use airport and providing fueling services for the flying public. In response to Mayor Brown, Assistant City Manager Dolan advised he cannot provide an exponential difference between 55 decibels versus 65 decibels but will report back to the City Council. Mr. Johnson advised the discernible level is typically three decibels of change and five decibels are usually considered significant in a change. He confirmed aircraft owners can opt out of the tracking system for personal or professional security purposes. In response to Mayor Brown, Mr. Johnson confirmed small piston-powered aircraft use leaded 100 octane aviation fuel and noted the FAA and the Environmental Protection Agency (EPA) have been working in earnest over the last 10 plus years to phase out that fuel and come up with an unleaded replacement fuel. The industry has established a replacement unleaded fuel that meets all of the EPA's standards and the engine manufacturer standards to be able to operate on that fuel. He noted leaded City Council Minutes Page 6 of 12 August 17. 2021