RECOMMENDATION
Adoption of a
resolution extending the moratorium on authorizations granted under Article
X(B)(2) of the Airport Noise Control Program (Resolution No. 57211) to operate
during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Norman Y. Mineta San
Jose International Airport, for an additional period of three (3) days from
October 18, 2003 through October 21, 2003, pending consideration by the City
Council of an ordinance to amend and restate the curfew hours and
aircraft restrictions provisions of the City Of San Jose Airport Noise Control Program.
BACKGROUND
On April 23, 2002, Council adopted Resolution No. 70936, declaring an immediately effective moratorium on authorizations granted under Article X(B)(2) of the Airport Noise Control Program (NCP) to operate during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Airport. Council approved the 180-day moratorium in response to a request from Horta LLC to operate a re-engined Boeing 727‑200 during the curfew hours. The purpose of the moratorium was to allow City staff sufficient time to investigate and study Horta’s request and the potential effects of this and other anticipated requests on the NCP. The moratorium was also intended to provide staff and this Office with an opportunity to explore the possibility of restructuring the NCP.
On October 22, 2002, and January 21, 2003, Council adopted Resolutions No. 71274 and 71394, extending the moratorium an additional ninety (90) days and one-hundred eighty (180) days, respectively, to allow for further investigation and a study of alternatives for restructuring the NCP. On June 24, 2003, Council adopted Resolution No. 71693, extending the moratorium an additional ninety (90) days from July 20, 2003, to allow for further investigation and a study of alternatives for restructuring the NCP. The moratorium is currently set to expire on October 18, 2003.
ANALYSIS
The Federal Aviation Administration has approved the City’s proposal to restructure the curfew hours and aircraft restrictions provisions of the NCP, and a proposed ordinance to amend and restate the curfew hours and aircraft restrictions provisions of the NCP is agendized for the October 21, 2003 Council meeting. Because the purpose of the moratorium is to allow for Council consideration of the proposed restructuring of the NCP, this Office recommends that the moratorium be extended to expire on October 21, 2003.
PUBLIC
OUTREACH
Not applicable.
RICHARD DOYLE
City Attorney
By
KEVIN FISHER
Sr. Deputy City Attorney
cc: Del Borgsdorf
Ralph Tonseth