Part 7 — ACOUSTICAL TREATMENT PROGRAM

The "acoustical treatment program" or "ACT" is the program for the structural acoustical treatment of eligible residences, schools, or other structures from specified levels of aircraft noise within specified areas surrounding the airport in accordance with the 1997 Airport Master Plan EIR.

(Ord. 25528.)

A.

The acoustical treatment program for homes within the noise impact area defined by the 65 dB CNEL contour projected for the year 2010 in the 1997 Airport Master Plan shall be completed before the city awards a construction contract or enters into a lease agreement providing for the construction or development of a new terminal building, west side cargo facility, or public parking garage at the airport.

B.

The director shall expedite the acoustical treatment of residences in the acoustical treatment program areas within the 65 dB CNEL contour as of 1994, in an effort to complete the noise attenuation of such program residences in the year 2000.

C.

By no later than the year 2005, the director shall measure aircraft noise levels within residential structures located in areas within the 60 to 65 dB CNEL contours which were determined to have significant noise impacts in the 1997 Airport Master Plan environmental impact report, to determine if interior noise levels exceed 45 dB CNEL due to aircraft noise, and insulate any eligible structures, in accordance with applicable federal and state laws and regulations.

(Ord. 25528.)

A.

The supplemental noise attenuation program is the airport's program for conducting interior noise level measurements of residential structures and schools to determine eligibility for noise attenuation. The program is to be conducted in those areas surrounding the airport which are within the projected 60 dB CNEL contour for the year 2010 identified in the 1997 Airport Master Plan EIR, but which are not specifically determined by its impact analysis to be significantly impacted by aircraft noise.

B.

The supplemental noise attenuation program shall be conducted on a homeowner request basis, and shall be based on interior noise measurements of the residences.

C.

Eligibility for possible residential noise attenuation soundproofing in the supplemental noise attenuation program shall be determined in accordance with the established criteria of the ACT program. If, due to

unanticipated unique or exceptional circumstances, the requested noise measurement of a residence determines that the structure has an aircraft-related interior CNEL noise level of 45 dB or greater, the noise attenuation soundproofing measures in the ACT program shall be made available for such residence.

D.

The objective shall be to conduct any such requested measurements and to complete the sound attenuation of any residences determined to be eligible by the year 2005. The supplemental noise attenuation program, however, shall remain available through the year 2010.

(Ord. 25528.)

A.

The director shall, as a component of the supplemental noise attenuation program, undertake, upon request, interior noise measurements of public and private schools for which no airport sound attenuation has been provided or avigation easements obtained, and which are within the projected 60 dB CNEL contours for the year 2010.

B.

If due to unanticipated unique or exceptional circumstances, any schools which have not previously been acoustically treated for aircraft noise exposure or otherwise granted noise easements to the city, and which are located within the 60 dB CNEL contours projected for the year 2010, are determined to experience an aircraft-related Leq of 45 or greater during peak aircraft activities occurring during the normal school day, the schools are eligible for the noise attenuation soundproofing measures in the ACT program.

(Ord. 25528.)

In implementing the ACT program and the supplemental noise attenuation program, the director shall continuously monitor and review noise levels for the 65 and 60 dB CNEL contours and shall compare contours actually measured each year beginning in the year 2000 with the projected 2010 contours contained in the 1997 Airport Master Plan EIR, so as to implement the programs for all residences within the larger of the projected 2010 contour or the measured contour.

(Ord. 25528.)

In the event federal funding is made available to city, the city attorney shall present, for council consideration, an amendment to this chapter to expand the ACT program in accordance with the intention as set forth in the implementing resolution adopted pursuant to Section 25.04.1200.

(Ord. 25528.)

A.

The director may enter into such design, architectural, or construction contracts or other agreements which are necessary for the installation of residential noise insulation and acoustical treatment in single and multifamily residences, subject to such conditions and limitations as are set forth in this chapter or as may from time to time be imposed by resolution or other action of council.

Where the consideration to be paid by the city under any single contract or agreement does not exceed one hundred thousand dollars; and

For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract or agreement; and

Where the office of the city attorney has approved the contract or agreement as to form.

B.

For purposes of this section, the term "consideration" means money to be paid by the city as compensation for services or other obligations to be performed by the other party to the contract or agreement. The term "consideration" does not include any materials, supplies or equipment which the city may furnish for such work, nor administrative, engineering, inspection, or related services to be provided by the city for such work.

(Ords. 25528, 26386.)

The director may issue a change order in work being performed pursuant to the installation of residential noise insulation and acoustical treatment in single and multifamily residences. The amount of such change order shall not exceed the following:

A.

Not more than ten thousand dollars for any single change order; and

B.

The aggregate of all such change orders for a single contract shall not exceed ten thousand dollars.

(Ord. 25528.)

A.

The director may execute a certificate of acceptance or such other documents as may be necessary for the conveyance, recording and acceptance of avigation easements granted to the city, where such conveyance is granted in connection with:

A parcel map or tentative subdivision map approved pursuant to Title 19; or

A development permit approved pursuant to Title 20; or

A condition of development imposed by the county airport land use commission in accordance with state law; or

Acoustical treatment of a building or structure by the city in order to mitigate noise from aircraft using the airport.

B.

The director may execute amendments or modifications to any avigation easement, if the director finds that the easement maintains or improves the compatibility of the parcel subject to the easement with the safe operation of the airport, consistent with applicable federal, state, and local laws pertaining to aircraft noise and land use compatibility.

C.

Avigation easements or amendment or modifications to such easements shall be approved as to form by the city attorney.

(Ord. 25528.)