Homeowners of Encino/Stop the Noise Coalition!
May 1998 Community Update
by Gerald A. Silver President PO Box 260205, Encino, CA 91426
This month, we continue to address Van Nuys Airport (VNY) noise is sues. As most canyon and hillside residents know, there has been a great increase in jet and helicopter traffic over these areas. A large portion originates from the Van Nuys Airport (VNY). Noise complaint number: 800-560-0010.
Van Nuys Airport Faces Trial
As a result of growing noise problems and the continued existence of incompatible land use, the Van Nuys Airport (VNY) must now undergo a noise variance hearing. VNY has been the target of numerous noise complaints. VNY continues to add noisy Stage 2 jets and media helicopters with little regard for neighborhoods. Between 1992 and 1997, VNY added almost 50% more noisy Stage 2 aircraft to its fleet.
The request for the Caltrans variance hearing was made by Senators Tom Hayden and Herschel Rosenthal. Several groups, including Homeowners of Encino, Encino Property Owners Assn., Sherman Oaks Homeowners Assn., Lake Balboa Homeowners Assn., and others, have asked to become intervenors in the hearings. These groups will call and cross-examine witnesses and present testimony.
VNY is the respondent in the action and must prove to an administrative law judge that "good faith" measures to minimize noise around the airport have been taken. In order to receive a variance to continue to operate, VNY must prove they have taken all economically and technologically feasible measures to comply with the state noise law. VNY's poor record shows that the airport has failed to use good faith in minimizing noise. Considering their long history of inaction, bad faith, broken promises, failure to complete the Part 150 Study and a Master Plan, VNY faces the possibility of major restrictions on its operations.
VNY Tenants, BOAC Stalls Stage 2 Ban
As most residents know, there has been a great increase in noisy Stage 2 aircraft operating out of Van Nuys Airport (VNY). VNY is now the dumping ground for this type of aircraft, which are banned from other airfields in the region. The Mayor's "pro-business" agenda, coupled with an anti-resident airport commission (BOAC) is an environmental disaster for residents. Homeowners of Encino has repeatedly asked to meet with Mayor Riordan to insist on the phase out of noisy Stage 2 jets, as well as a non-addition rule which would keep more outrageously noisy jets from coming into VNY. Our requests have fallen on deaf ears. The Mayor refuses to meet and discuss the VNY issue. In an act of bad faith, the BOAC promised a hearing on this matter in February of this year, but has yet to act. If you want to register your dissatisfaction, you may reach the Mayor's office at (818)756 8505.
Valley business associations are seeking to trample the rights of residents by calling for VNY expansion. The VNY Airport Tenants Assn., Valley Industry and Commerce Assn. (VICA), and the Mid Valley Chamber of Commerce are lobbying against a phase out of noisy Stage 2 aircraft. They oppose efforts to block expansion of VNY. Some residents are asking for a list of anti-resident businesses and are considering boycotting businesses that promote VNY expansion.
Part 150, Master Plan Stalled Again
Do you realize that over $300,000 has been spend on the Part 150 noise study for Van Nuys Airport (VNY), with no results. It is even more disgraceful that over $850,000 has been spent by the Dept. of Airports on a Master Plan that has never been completed. These projects have been in the works for over 10 years, and they have produced virtually no results. The Part 150 Study was sup posed to reduce noise from VNY by implementing mitigation measures at VNY. The Master Plan was supposed to control expansion and make the airport compatible with its neighbors. Both have failed.
Many residents are wondering whether these projects were under taken as window dressing to make the airport look as if they were trying to solve the noise problem.
The BOAC abruptly terminated the Part 150 process over a year ago. They are delaying the preparation of the VNY Master Plan. Both of these efforts would have provided controls over VNY airport noise. If you believe that public funds are being wasted, contact the FAA, Jane Garvey, Administrator, 800 Independence Ave., S.W., Washington, DC 20591 and demand the Dept. of Airports complete the Part 150 Study.
Helicopters: it isn't over yet!
Residents across the country were dismayed to learn that the FAA ruled against Homeowners of Encino's request to establish a 1000' minimum altitude above ground for helicopters. Residents were even more disappointed when HOME's appeal to President Bill Clinton was turned down. But the battle to control noisy, low flying helicopters is far from over.
The FAA recently declared that all helicopters are considered Stage 2 aircraft. Many people feel that helicopters should come under the curfew regulations just as are noisy Stage 2 jets at VNY. Most egregious are low flying media helicopters that leave VNY as early as 5:20 a.m., each weekday.
The ability of VNY to control early morning helicopter flights is clearly within the Dept. of Airport's domain. However, there is no political will to deal with the helicopter noise problem. An important appellate decision of the United States Court of Appeals, Second Circuit (New York) court, provides a persuasive authority that has major bearing on LA City Council's motion to begin a Part 161 Study on helicopter curfews. The Second Circuit federal appellate court allowed New York City to reduce helicopter operations by 47 percent, phase out weekend flights and place weekday and weekend curfews on operations at its 34th St. heliport. Such restrictions were found to be reasonable and non-arbitrary, a fair exercise of NY city's proprietor rights, and do not violate the commerce clause. The Dept. of Airports and the City Council need to use this case to implement a similar helicopter ban at VNY.