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Los Angeles World Airport (LAWA) - Letter Agreement (Residential Sound Insulation) Agr 3588Agreement No. 3588 City of Los Angeles Executive Director Los Angeles World Airports One World Way Los Angeles, CA 90045 Attn: Soundproofing Program LETTER AGREEMENT RESIDENTIAL SOUND INSULATION (RSI) CITY OF EL SEGUNDO On -29 , 2006 by Resolution No. or� o? / 417, applicable provisions of Resolution No. 22867 and pursuant to Resolution No. 21481, the Board of Airport Commissioners (BOAC) authorized the City of Los Angeles, Department of Airports (LAWA), to provide funds, in the total sum of $7,450,000 (hereinafter referred to as LAWA grant amount or funds), to the City of EI Segundo for implementation of the FAA -approved LAX Part 150 residential sound insulation project. LAWA's grant amount is to partially match Federal Aviation Administration (FAA) Grant Agreement Nos. AIP 3-06-0139-20, AIP 3-06-0139-25, AIP 3-06-0139-26 and AIP 3- 06-0139-32, in the total sum of $6,300,000 (hereinafter referred to as the FAA grant or funds). The provisions of this Letter Agreement shall apply to all LAWA funds and all FAA grant funds matched by LAWA funds. All parcels proposed for mitigation pursuant to this Grant Implementation Plan (GIP 1) and Letter Agreement (Agreement) shall meet all LAWA eligibility requirements set forth in this Letter Agreement. This Letter Agreement does not in any way modify the Stipulated Settlement Agreement adopted by the BOAC as set forth in Resolution No. 22867. City of EI Segundo will comply with, or ensure compliance with all of the terms and conditions in this Letter Agreement upon the transfer to City of EI Segundo of the LAWA grant amount. LAWA has stipulated that such grant amount shall be transferred upon the City of EI Segundo's submittal of five (5) fully executed copies of this Letter Agreement and enactment and certification of the ordinance as set forth in Section 15 below. 1. City of EI Segundo will comply with BOAC Resolution No. applicable provisions of Resolution No. 22867 and Resolution No. 21481, as modified by Resolution 22867, and all FAA Grant or other requirements and guidelines pertaining to this project. City of EI Segundo will further comply with any relevant and more restrictive land use mitigation program or sound insulation requirements or guidelines established by the State of California pursuant to the Noise Standards found in Title 21, Subchapter 6 of the California Administrative Code (California Airport Noise Standards) or in the California Noise Insulation Standards found in Title 24, Chapter 12, Section 1208A of the State Building Code, or as otherwise set forth herein. Whenever there is a conflict, LAWA will determine, in consultation with City of EI Segundo 232268 v.4 Agreement No. 3588 and all concerned parties, which requirements or guidelines pertain to the project. 2. City of EI Segundo has submitted to LAWA signed copies of the FAA Grant Agreement(s) and copies of the FAA Grant Application(s) supporting the FAA grant(s), which are attached hereto and incorporated herein. 3. In undertaking sound insulation projects, City of EI Segundo acknowledges LAWA's technical and oversight responsibilities under the California Airport Noise Standards and its auditing responsibilities as a grant issuing agency. City of EI Segundo will work cooperatively and in good faith with LAWA in performing and documenting its work in furtherance of this Agreement and in support of LAWA's responsibilities. If City of EI Segundo has not met the conditions and requirements established herein, LAWA may take any of the following actions: (1) upon due notice, City of EI Segundo will refund to LAWA the funds that City of EI Segundo has already received under this Letter Agreement, (2) LAWA will withhold additional funds under the grant, and/or (3) City of EI Segundo will become ineligible for future funds. 4. City of EI Segundo will ensure the timely preparation and submittal of all documents required by LAWA. Where documents required by this Agreement are prepared for and submitted for LAWA's approval after execution of this Agreement, or required to be periodically updated, resubmitted and approved by LAWA after execution of this Agreement, but such documents are not submitted by the required dates and have become past due, City of EI Segundo agrees to suspend expenditure of all moneys transferred by this Agreement until all such past due documents are submitted to and approved by LAWA, excepting only expenditures necessary to prepare or update the past due documents. 5, Pursuant to the February 16, 2006 Stipulated Settlement Agreement, except as provided below, LAWA shall not require the dedication of avigation easements, noise easements, easements of right-of-way, or any other easements (collectively "easements") in return for funding of, or participation in, the residential acoustical treatment portion of LAWA's Airport Noise Mitigation Program. Where applicable sections of the California Airport Noise Standards (Cal. Code Regs. tit. 21, section 5000 et seq.) deem acoustical treatments alone insufficient to convert residential land uses to compatibility with airport operations, the following conditions apply: (1) In the case of residences constructed on or after January 1, 1989, LAWA may require the dedication of an easement in return for acoustical treatment funding from LAWA; (2) In the case of residences constructed before January 1, 1989 exposed to a noise level of 75 dB CNEL or above, and having an exterior normally cognizable private habitable area such as a backyard, patio or balcony, LAWA may condition the provision of acoustical treatment funding from LAWA on the property owner's agreement to LAWA's acquisition of an easement for Fair Market Value. If the owner of property falling in one of the two above -listed categories applies to the City of EI Segundo for residential sound insulation, the City of EI Segundo shall use LAWA grant funds for such insulation only if LAWA and/or the property owner presents to the City of EI Segundo documentary evidence that the property owner has committed to dedicate a noise easement to LAWA prior to 232268 v.4 2 Agreement No. 3588 commencing construction of the sound insulation. The noise easement to be dedicated will be in substantially the form of Sample Noise Easement attached to the Stipulated Settlement approved by BOAC Resolution No. 22867, or another form of easement mutually agreed to by LAWA and the property owner. 6. City of EI Segundo will submit a Title 21 Compliance Certificate for each eligible incompatible property that it sound insulates with LAWA and/or FAA funds. City of EI Segundo will ensure that Title 21 Compliance Certificates provided for herein are prepared in alorm as required by LAWA. 7. Any funds, and interest thereon, remaining from LAWA grant amount after completion of the incompatible sound insulation project will be refunded to LAWA or will be reinvested in a subsequent approved Part 150 incompatible sound insulation project pursuant to such instructions as LAWA may issue. 8. City of EI Segundo will provide LAWA with all pertinent information to prepare and maintain an airport incompatible land use program plan (hereinafter referred to as the Aircraft Noise Mitigation Plan or the ANMP) in compliance with guidelines developed and maintained by LAWA. The ANMP will set forth in narrative and graphic form LAWA's objectives, priorities, and program requirements, and City of EI Segundo's mitigation actions, and time schedule to bring all eligible incompatible land use within its jurisdiction into compliance with the California Airport Noise Standards. The ANMP will be comprehensive in that it will include all proposed mitigation strategies including both sound insulation and acquisition/recycle programs. City of EI Segundo will update the ANMP information at least annually no later than March 1 each year, with the next update due to LAWA March 1, 2007. The ANMP information will include City of El Segundo's progress in terms of number of dwelling units sound insulated, cost estimates and other program elements that are pertinent to achieving total compliance with the Airport Noise Standards. The ANMP information will describe the number of Noise Easements (and other Easements mutually agreed to by LAWA and the property owner, if any) that obtained for properties that require an easement to be sound insulated, and the process for issuing a Title 21 Compliance Certificate for all properties to be sound insulated. Such data will cover the impact area within LAWA's Fourth Quarter 1992 annual 65 dB Community Noise Equivalent Level (CNEL) noise contour and the FAA -approved Part 150 65 dB CNEL noise contour. 9. City of EI Segundo has prepared the required project implementation plan (hereinafter referred to as the Grant Implementation Plan or GIP 1) for properties to be sound insulated with the combined FAA and LAWA funds covered by this Agreement. The GIP 1 was prepared in compliance with guidelines developed and maintained by LAWA, is in narrative and graphic form and specifies priorities, and describes how they were set, mitigation measures to be taken, time schedules, estimated costs (including an estimated total cost breakdown for each dwelling unit), and other pertinent project elements. The GIP 1 sets forth a prioritized schedule to be followed that ensures that incompatible sound insulation will be systematically offered to the owner(s) of 232268 v.4 3 Agreement No. 3588 each eligible property in accordance with the program and project priorities set forth under Section 10, below. 10. City of EI Segundo recognizes that it is LAWA's intent to achieve compliance with the California Airport Noise Standards as quickly, efficiently and cost effectively as possible. In pursuing this objective, it is LAWA's intent that land use mitigation programs be prioritized so that incompatible properties that will continue to remain in the Airport noise impact area the longest, that are within the highest noise zones, and that are not projected for early conversion or redevelopment through normal market forces, should receive the highest priority for LAWA funds. 11. City of EI Segundo recognizes that it is LAWA's objective to establish a systematic and, to the extent possible, uniform computerized record keeping system for all projects funded or partially funded by LAWA. City of EI Segundo will work cooperatively with and assist LAWA in establishing and maintaining such a system. 12. City of EI Segundo will provide LAWA with up-to-date land use information for the areas described in the Aircraft Noise Mitigation Plan; this update of land use information documenting the progress of the mitigation program will be provided in a format as specified by LAWA. 13. In further cooperating with maintenance of a unified system of records, City of EI Segundo will prepare any and all maps included in any document required or submitted pursuant to this Agreement so as to conform to LAWA specified format. 14. In the event the required documents are not submitted to LAWA as provided by this Agreement, City of EI Segundo will limit, until such documents are submitted and approved by LAWA, the expenditure of LAWA funds to the preparation of said documents and to project preparatory work that is exclusive of actual construction costs described in Section 16, below. 15. BOAC Resolution No. 21481 provides at paragraph 8 that "Funding under this policy will be conditional on the sponsoring local jurisdiction having adopted local building code regulations and a specific plan and/or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms with any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB." LAWA shall release the grant funding described in this Agreement when City of EI Segundo has adopted an ordinance satisfying this requirement, and as otherwise provided in this Agreement. 16. In undertaking and documenting incompatible Residential Sound Insulation (RSI) projects, City of EI Segundo will ensure and will document that approximately 80% of LAWA grant funds are allocated to actual construction costs, including all required building permits. City of EI Segundo will ensure that non -construction planning, engineering, design, noise measurement and administrative overhead costs (undertaken by either or both City of EI Segundo's staff or consultants) will be approximately 20% of total project cost. 232268 v.4 4 Agreement No. 3588 LAWA grant funds may be used only for materials and activities that are also eligible for purchase with FAA grant funds and are subject to the same limitations imposed on the use of the FAA grant funds. City of EI Segundo will obtain specific written authorization from LAWA before deviating from any of these funding criteria. All such actual costs, calculations, and deviations, if any, shall be documented in the final Grant Report for the Project. 17. To the maximum extent possible, City of EI Segundo will, in conducting RSI projects, conform to the'recommendations set forth in LAWA's Design Guide for Residential Sound Insulation projects in the vicinity of LAWA airports as such document may be updated from time to time. City of EI Segundo will obtain written approval from LAWA before approving any changes or deviations from such Design Guide recommendations. All such deviations will be documented in the Final Grant Report for the project. 18. In undertaking RSI projects, City of EI Segundo will normally utilize the Fourth Quarter 1992 65 dB CNEL noise contour map (criterion noise contour map) for the Airport, prepared by LAWA pursuant to the California Airport Noise Standards, and the FAA -approved Part 150 65 dB noise contour to determine the required interior noise level criterion and to select the necessary type of sound insulation materials and installation measures and requirements specified in LAWA's design guide to achieve the interior noise level criterion for each building to be sound insulated; unless, however, the predicted future CNEL (zone) level for the property exceeds the criterion contour map level in which case the future level should be used in the design of the sound insulation measures. City of EI Segundo will obtain written approval from LAWA prior to any deviation from the use of this criterion CNEL noise contour map, and the FAA -approved Part 150 65 dB noise contour map, normally as part of Aircraft Noise Mitigation Plan approval. 19. In undertaking RSI projects, City of EI Segundo will not use and will not authorize the use of LAWA funds to remedy building or safety code violations, to bring the property into compliance with current building or safety codes, to repair seismic or other pre-existing damage, or to change the general size, layout or aesthetic properties of the building other than those changes directly incidental to the installation of the sound insulation materials. 20. In undertaking RSI projects, City of EI Segundo will provide for a random sample of pre- and post -construction noise testing for a not -to -exceed 10% of the total number of affected units, except that City of EI Segundo contracts existing on the date this Letter ,Agreement is approved by the BOAC may provide for a random sample of pre- and post -construction noise testing for a not -to -exceed 20%,, of the total number of affected units. A post -construction noise audit, when conducted, will document the results of the project and whether or not the California Airport Noise Standards objective of 45 dB interior CNEL is achieved in each habitable room. Such tests and audit will be documented in the Grant Report for each project. 21. In undertaking RSI projects, City of EI Segundo will utilize the following definition when determining the eligibility of habitable rooms and spaces within an eligible building., Habitable space (room) is ,space in a residence for living, sleeping, 232268 v.4 5 Agreement No. 3588 eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, garages and similar areas are not considered habitable space. All habitable rooms within a building are to be sound insulated. Elements of sound insulation, such as replacement windows or exterior doors, may be considered for application to non -habitable space if their omission would be detrimental to meeting sound insulation objectives in adjacent habitable spaces. This will normally be limited to entrance hallways, bathrooms, and to interior doors connecting the main residence with garage spaces. Garage and utility room exterior doors and windows are not eligible for treatment. City of EI Segundo will submit any application of sound insulation elements to non -habitable space to LAWA for approval prior to FAA review and approval of the plans and specifications for sound insulating buildings within the project. 22. At the time of initial enrollment of each building owner (the Owner) in an RSI project, and prior to conducting noise testing or the preparation of sound insulation plans for the building(s), City of EI Segundo wall require the Owner to sign an agreement authorizing the installation of soured insulation and any FAA prescribed agreements, that may exist, to maintain the sound insulation remedies (e.g., windows, doors, ventilation, attic insulation, etc.) in a state of repair consistent with their use for sound insulation. 23. At the time of final enrollment of the Owner in an RSI project, and prior to ordering the sound insulation materials for the property, City of EI Segundo will afford the Owner an opportunity to review the sound insulation plans for the building(s) and will require the Owner to sign LAWA approved Authorization to Proceed. City of EI Segundo will issue Title 21 Compliance Certificates for incompatible properties that are to be sound insulated. Such Title 21 Compliance Certificates will be signed by an authorized representative of City of EI Segundo and submitted to LAWA. 24. In undertaking LAWA funded projects, City. of El Segundo will conduct progress meetings with LAWA staff, and will provide progress reports on an as needed basis setting forth information required by LAWA in a format established by LAWA. 25. Within 60 days of completion of the project(s) funded under this Letter Agreement, and in accordance with guidelines developed and maintained by LAWA, City of EI Segundo will prepare and submit two (2) copies of a final Grant Report for the project to LAWA showing the results of the project, the allocation of actual sound insulation (construction/non-construction) expenditures (both LAWA and FAA) among the individual project properties, a listing of all Title 21 Compliance Certificates issued, and the total allocation, in detail satisfactory to LAWA, of actual expenses (both LAWA ,and FAA) by project category and sub -category: e.g., for project planning, project evaluation and design, project construction, and project administration. All general administrative overhead expenses will be detailed separately from construction - related administrative expenses. The Grant Report will contain an explicit comparison between the estimated total cost breakdown that was submitted in the project GIP 1 and the actual total cost for construction for each dwelling unit. 232268 v.4 6 Agreement No. 3588 26. City of EI Segundo shall also complete an annual accounting report and audit prepared by a Certified Public Accounting (CPA) firm for the project. 27. In implementing this sound insulation program City of EI Segundo will utilize an accounting system that will comply with generally accepted government auditing standards (GAGAS), as fully described in the United States Government, General Accounting Office publication yellow book standards. This standard includes, but is not limited to, the following accounting system, audit, and record keeping requirements: A. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, the amount and disposition of any interest earned on LAWA funds, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with all State and Federal laws, regulations, and requirements. B. It shall make available to the Controller of the City of Los Angeles and the Executive Director of LAWA, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the City of EI Segundo that are pertinent to the grant. The Controller of the City of Los Angeles or the Executive Director of LAWA may require that an appropriate audit be conducted by the City of EI Segundo. In any case in which an independent audit is made of the accounts of the City of El Segundo relating to the disposition of the proceeds of this grant, or relating to the project with which the grant was given or used, it shall file a certified copy of such audit with the Controller of the City of Los Angeles and the Executive Director of LAWA not later than 6 months following the close of the fiscal year for which the audit was made. 232268 v.4 7 Dated: APPROVED AS TO FORM y of El S Iwo a pr (Printed Name) Deputy City Clerk (Title) Rockard J. Delgadillo, City Attorney City of Los Angeles 22 AssisDeputy City Cityloos Angeles Date: � — C) 232268 v.4 8 Agreement No. 3588 CITY OF EL SEGUNDO LIM Kelly McDowell (Printed Name) Mayor (Title) CITY OF LOS ANGELES Y b -.. Executive Director Los Angeles World Airports (Printed Name) WHEREAS; elements of this amended LAWA Airport Noise Land Use Mitigation Supplemental Funding Policy (SFP) are as follows: 1, Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year as a contribution to supplement any FAA approved grant received by the parties to the LAX Part 150 NCP to achieve land use compatibility as set forth in the California Airport Noise Standards. 2. Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year as a contribution to supplement any FAA approved grant received by the City of Ontario under the ONT Part 150 NCP to achieve land use compatibility as set forth in the California Airport Noise Standards. 3. Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year to sponsor sound insulation projects at Van Nuys Airport (VNY) to achieve land use compatibility as set forth in the California Airport Noise Standards. 1 World Way P.D. Box 92216 Los Angeles California ,;,;,;09-2216 telephone 310 646 5252 Facsimile 310 646 0523 Internet Agreement No. 3588 Board Los Angeles World Airports" RESOLUTION NO. 21481 WHEREAS, on recommendation of Management, there was presented for approval, the Land Use Mitigation Program (LUMP) supplemental funding policy; and WHEREAS, the State of California has adopted the California Airport Noise Standards under Title 21, Subchapter 6 of the California Code of Regulations (CCR's) that established a regulatory framework within which airports can work to reduce, prevent and eliminate incompatible land_uses (defined by the .State under Title 21, Subchapter 6, Article 1, Section 5014 of the CCR) within their off -airport noise impact boundaries; and WHEREAS, the Federal Aviation Administration (FAA) has also established, under Federal Aviation Regulations (FAR) Part 150, an airport noise compatibility and funding program .(NCP) which enables local jurisdictions having 'incompatible land use within an airport .noise impact LAX area to apply for FAA grants to implement approved noise mitigation programs aimed at Ontario converting incompatible land use to compatible land use within the noise impact area, and Van Nuys further, the FAA has enabled LAWA to charge airlines a "passenger facility charge" (PFC) that may be used to fund airport noise mitigation; and Palmdale City of Los Angeles WHEREAS, the Board and the FAA have approved Part 150 NCP's at LAX and ONT, which include, and make eligible for FAA funding, land use mitigation projects including State- and Mayor rd J. Riordan,, Mayo FAA -defined incompatible land uses within the Cities of Los Angeles, Inglewood, EI Segundo and Ontario, and unincorporated Los Angeles; and Board of Airport Commissioners John J. Agoglia WHEREAS, the Board, as a result of these State and Federal requirements and programs, and President in order to comply with the California Airport Noise Standards requirements..through adoption of Mark E- Schaffer a comprehensive airport land use mitigation funding policy, adopted Resolution No. 15844, on Vice President May 20, 1987, and the following amendments to the program: Resolution No. 17656 on June Lee Kanon Alpert 26, 1991, Resolution No. 18062 on May 27, 1992, Resolution No. 19357 on November 21, Miguel Contreras Christopher C. Pak 1995,, and Resolution No. 20007 on October 21, 1997; and Cheryl K. Petersen Warren W. Valdry WHEREAS, this amended Supplemental Funding Policy allows greater flexibility in prioritizing Lydia HKennard Executive Director geographically distinct sound insulation project areas; removes budgetary constraints where possible, changes specific submittal timeframes for reporting requirements to provide Los Angeles World Airports (LAWA) greater flexibility in monitoring the use of the grant funds, and provides for revocation and return of funds in the event that the jurisdiction fails to adhere to conditions as required by LAWA; and WHEREAS; elements of this amended LAWA Airport Noise Land Use Mitigation Supplemental Funding Policy (SFP) are as follows: 1, Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year as a contribution to supplement any FAA approved grant received by the parties to the LAX Part 150 NCP to achieve land use compatibility as set forth in the California Airport Noise Standards. 2. Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year as a contribution to supplement any FAA approved grant received by the City of Ontario under the ONT Part 150 NCP to achieve land use compatibility as set forth in the California Airport Noise Standards. 3. Subject to funding availability and LAWA's budgetary process, needed funds will be made available each year to sponsor sound insulation projects at Van Nuys Airport (VNY) to achieve land use compatibility as set forth in the California Airport Noise Standards. 1 World Way P.D. Box 92216 Los Angeles California ,;,;,;09-2216 telephone 310 646 5252 Facsimile 310 646 0523 Internet Agreement No. 3588 Resolution No. 21481 -2- 4. LAWA funds provided under this Resolution may be used by the local jurisdiction as its local share contribution to an FAA approved grant. 5. Unremitted Airport Revenue funds remaining at the end of a year will not be available the following year. 6. Notwithsf-a_nding items 1 through .5 above, additional LAWA funds may be made available during any year to eligible local jurisdictions in amounts that exceed the specified ahnuaal LAWA allocations and/or exceed FAA grant monies received by the local jurisdictions. Such additional funds may be used for .eligible sound insulation or property acquisition projects. 7. No LAWA funds will be made available under this Resolution unless LAWA receives an avigation easement over properties acquired, redeveloped or sound insulated with LAWA funds and FAA grant funds. The easements shall be filed and/or recorded and processed in a manner and be in a form acceptable to ..the City Attorney of Los Angeles. If the City .of Los Angeles has obtained an avigation easement over any residential property that has not been sound insulated to achieve or attempt to achieve an interior CNEL of at least 45 dB in all habitable rooms within the structure, LAWA may allow the expenditure of public funds to achieve or attempt to achieve the 45 dB standard in any habitable room within the structure, provided that any existing avigation easement is replaced and, in the case where a homeowner who received the funds is still the legal owner of the property, settlement funds are contributed towards the overall cost of soundproofing. 8. Funding under this policy will be conditional on the sponsoring local jurisdiction having adopted local building code regulations and a specific plan and/or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms with any modified or reconstructed residential structure achieve an interior CN EL of at -least 45 dB. In the event LAWA does not provide a grant to a jurisdiction for any particular Fiscal Year, LAWA will provide funds to the jurisdiction in an amount not to exceed 5% of the last annual average grant amount the jurisdiction has previously received, to cover the administrative program expenses of the jurisdiction. Implementation of this section is subject to performance criteria to be established by LAWA. 10. In providing LAWA funds to local jurisdictions, it is the intent of this Resolution to achieve systematic compliance with the California Airport Noise Standards as quickly, efficiently and cost effectively as possible. In order to accommodate the impacted jurisdictions' expressed desire for flexibility in prioritizing sound insulation project areas, and at their request, LAWA approves the following deviation. A jurisdiction with multiple distinct impacted areas may, at its own discretion, use the funds to sound insulate eligible properties in distinct geographical areas that are not the areas most impacted by noise and are not the highest prioritized areas using the default prioritization methodologies established below. Such distinct impacted areas, if any, must be clearly defined in the jurisdiction's approved Aircraft Noise Mitigation Program and identified in the project's implementation plan. Properties will be selected, prioritized and determined to be land use compatible according to the following criteria and procedures: Agreement No. 3588 Resolution No. 21481 -3- A. For properties to be sound insulated: 1. The property is within 65 dB CNEL noise contour designated by LAWA, or within the FAA approved Part 150, 65 dB contour for the Airport; 2. All incompatible properties within the noise contour that have been mitigated must be deemed to be land use compatible through the issuance by the sponsoring local jurisdiction of a written statement, in a form approved by LAWA and the Division of Aeronautics of the State Department of Transportation, certifying that the property is land use compatible under the California Airport Noise Standards and identifying the reason therefor; 3. Properties whose owners had previously declined .to participate but have since reconsidered, and new owners who wish to participate but the previous owner declined to participate, will remain .eligible until this Noise Compatibility Program has been completed; B. For properties to be acquired: 1. The property is within 65 dB .CNEL noise contour designated by LAWA, or within the FAA approved Part 150, 65 dB contour for the Airport; 2. The property's selection for acquisition is consistent with the priority established in the sponsoring local jurisdiction's adopted residential acquisition/recycling program; 3. The sponsoring local jurisdiction shall issue a written statement, in a form approved by LAWA and the division of Aeronautics of -the State Department of Transportation, certifying that the property the sponsor acquired is land use compatible under the California Airport Noise Standards and identifying the reason therefor. 11. LAWA may, in implementing this Resolution and related State and Federal requirements, establish reasonable priorities, conditions, procedures, reporting and compliance documentation, and data automation requirements. As part of these conditions, the jurisdiction may be required to submit annual program planning documents, progress reports, and expenditure plans and reports for each grant. These documents will be prepared in accordance with guidelines established by LAWA, and will be subject to LAWA approval. In addition, prior to receipt or expenditure of any funds granted to the jurisdiction under this Resolution, the jurisdiction must execute a Letter Agreement prepared by LAWA. A separate Letter Agreement will be prepared for each grant. The Letter Agreement will establish the jurisdiction's commitment to conduct its program in accordance with approved implementation plan, and it will contain any additional terms and conditions for a specific grant. The jurisdiction will be required to follow the prescribed procedures and requirements as stated in the Letter Agreement. Description of these specific requirements in no way limits LAWA's authority to establish additional reasonable requirements as described in the above paragraph. If this Resolution and its resultant requirements are not complied with, then LAWA may determine that any or all of the following will apply: (1) the funds previously forwarded to the local jurisdiction will be refunded to LAWA upon due notice; (2) the local jurisdiction will not receive any more funds under the approved grant, and/or, (3) the local jurisdiction will become ineligible for future LAWA grants; and Agreement No. 3588 Resolution No. 21481 -4- WHEREAS, it is not the intention of this Resolution to necessarily limit expenditures of funds for LAWA sponsored residential sound insulation or property acquisition projects. With regard to the location of any structures to be sound insulated or acquired by separate funds provided by LAWA, referenced location will be determined after consultation with local jurisdictions; and WHEREAS, this action, as a continuing administrative activity, is exempt from the requirements of the California Environmental Quality Act as provided by Article III, Section 2.f..of the Los Angeles City CEQA Guidelines; and WHEREAS, actions taken on this item by the Board of Airport Commissioners will become .final pursuant to the provisions of Los Angeles, City Charter Section 245; NOW, THEREFORE, BE IT RESOLVED, :that the Board of Airport Commissioners determined that this action is exempt from the California Environmental Quality Act requirements, adopted the Staff Report, approved a new policy to define and fund a program to achieve land use compatibility at LAWA Airports in accordance with State, Federal, and City requirements, and rescission of Resolution No. 20007. I hereby certify that the foregoing is a true and correct copy of Resolution No. 21481 adopted by the Board of Airport Commissioners at a special meeting held Thursday, July 19, 2001. Sandra J. Miller - Secretary BOARD OF AIRPORT COMMISSIONERS Agreement No. 3588 City of EI Segundo Grant Implementation Plan (GIP 1) The City of EI Segundo has prepared this Grant Implementation Plan (GIP 1) for funding from Los Angeles World Airports (LAWA) in furtherance of terms of the stipulated settlement between the parties, which is dated February 16, 2006. The City of EI Segundo will use GIP 1 grant funds received from LAWA to continue, expand and accelerate its existing Residential Sound Insulation Program, which is an FAA -approved program based upon the Part 150 for LAX. In the past, the City of EI Segundo's Residential Sound Insulation Program has been successful and has met with FAA approval. To date, the RSI Program has completed construction on four (4) groups of homes totaling 251 residences within the City's jurisdiction and the approved 65 dB Part 150 contour. In recent year, the City was able to accelerate its program to a pace of 100 homes per year, based solely on FAA grant money and matching payments from property owners. Therefore, it is anticipated that the residential sound insulation funding provided for in the stipulated settlement will eventually enable the City's program to further accelerate and successfully treat approximately 300 properties annually. In addition to GIP 1 funds, EI Segundo has obtained Federal Aviation Administration (FAA) Grant Agreement Nos. AIP 3-06-0139-20, AIP 3-06-0139-25, AIP 3-06-0139-26 and AIP 3-06-0139-32, in the total sum of $6,300,000. The $7,450,000 in GIP 1 funds will be used in part to match those FAA funds. Only after available FAA funds are exhausted does the City anticipate using LAWA funds to cover 100% of the cost of treating residences. Based on past program experience and current projections, the City of EI Segundo anticipates an average of cost of $41,500 per dwelling unit treated under GIP 1. With help from the GIP 1 funding, the City of EI Segundo anticipates that it will be able to treat 300 homes. Agreement No. 3588 Residential Sound Insulation Program 101 Program Budget for 2006 REVENUES LAWAfunding ........ ......... __ ..... ..,.......... ................ _ .............. ...........,...........$7,450,000 AIP grant funding (FAA) ............. .......................... ......... ........ ......................$6,300,000 AIP 3-06-0139-20 ............. ........ ..................................$1,300,000 AIP 3-06-0139-25 ................ ....,,................$1,000,000 AIP 3-06-0139-26 ............ — ....................................,.....,....$2,000,000 AIP 3-06-0139-32 ............. ..........,.,,.................,,.,......,...$2,000,000 Proposed total revenues.......................................................................................$13,750,000 EXPENDITURES Administrative Expense .......................................... ......, ..............,....,....,..........$450,000 Architectural / Engineering.....................................................................................$1,600,000 Project inspection fees (Construction Monitoring for grant compliance) ...: ..............$200,000 Construction and ro`ect im movement costs. ....$10,200,000 Proposedtotal expenditures......... ........ ......... ............,... ..,.............. „,,,,,.,....$12,450,000 Estimated cost per Single Family Dwelling. . � . . ... ..................... ................. ........$45,067 Administrative.............................................................$1,500 Architectural / Engineering.........................................$5,900 Project Inspection ................... _.......... .,............... .......... $667 Construction..............................................................$37,000 Estimated cost per Multi -Family Dwelling.—, , " -. .... __ ............................,.,.,...,..,,.......$28,367 Administrative.............................................................$1,500 Architectural / Engineering....,,.,...,...„........................$5,200 Project Inspection ..........................................................$667 Construction..............................................................$21,000 At an estimated average of $41,500 per dwelling, it is anticipated that approximately 300 dwellings can be treated in the first 12 months of the revised RSI Program. 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Project Address 548 West Imperial Avenue APN # Property Owner(s) 4132-001-034 Carl E, Wagoner 2 950 Virginia Street 4132-017-052 'Robert C. Vorwith 3 732 West Imperial Avenue 4131-022-007 'Vearl Sneed Family Properties 4 5 647 West Acacia Avenue 637 West Acacia Avenue 4131-001-027 Arturo Rodriguez & Alma Santos Christopher M. Christopher & Erin A. Rivera 6 931 Hillcrest Street John J. & Louise R.. Giovannoni 7 8 940 Loma Vista Street 1953 Cedar Street Ralph L, Quinones 4132-017-002 Mark Kinni 9 220 West Sycamore Avenue jCharles Wesle 10 j1002 East Acacia Avenue Ann S. Dallas i I i iooj vvesi ivia ie Avenue 4132-UU4-Ubt I tsnana wood ear 12 216 East Imperial Avenue Monte Un 13 513 West Maple Avenue Michael E. & Margie A. Randall �Terrin 14 658 & 660 West Walnut Avenue Adair 15 837 Virginia Street Steve Romero 16 222 West Walnut Avenue Gordon G. & Kimberl S. Vasquez 17 729 West Oak Avenue Mason D. & Julie Williams 18 328 East Walnut Avenue Keith E. & Margie J. Lynch 19 945 Pepper Street #312 Jose & Melissa J. Martinez 20 521 East Walnut Avenue wwWW Gladvs M, DeWolf 21 945 Pepper Street #112 Gladys M. DeWolf 22 201 West S camore Avenue Brian C, Powell & Cynthia A, Heisler 23 539 East Walnut Avenue #B Melanie E. Peterson 24 508 West Acacia Avenue James W. & Norma O. Jamieson 25 409 West Acacia Avenue Raheela S. Mahmood 26 210 West Sycamore Avenue Kristina A. Faulk 27 702 Redwood Avenue Brad & Celeste Puskas 28 933 Sheldon Street Sabosky, Matthew R. & Christopher M 29 539 West Maple Avenue Moran, Timothy J. & Christine E. 30 814 Virginia Street Fletcher, Scott P, & Ma L. 31 856 Virgin iaStreet Bennett, Raymond G 32 654 West Sycamore Avenue Steven W. & Laurie A. Hingle 33 920 Eucalyptus Drive Robert V. & Victoria A. Elia 34 835 Eucalyptus Drive Michael T & Sarah B„ Combs 35 738 Redwood Avenue Donna J & Douglas S. Tucker 36 1646 ...... ....... 37 935 Cypress StreetGa ._._._._ K. Buzzarte 38 _ ....... 324 East Acacia Aue ven _.._......WWWW .�........�...._... Brian D. & Linda Sievers 39 217 East Sycamore Avenue Michael Michael B. & Sand M. Robbins 40 WWW. 210 East Walnut Avenue _....: .......... Bari Vaughn & Christopher A. Vallas 41 1018 East Imperial Avenue �........�...... ..._._._.......... Harold & ShirleyCozen 42 307 East Walnut Avenue Alan J. Leach & Michele T. Toti 43 ..............� 905 Dune Street Lewis Famil Trust 44 �.... 608 & 610 West Maple Avenue .... ..._._._. John H. Noel & Cynthia M. Marin 45 313 East Walnut Avenue Susanna M. McVey & Kathleen L. Birmingham 46 925 Eucal ptus Drive Debra A. Hartwi &Karen A. Cagle 47 836 Pe22er Street IThomas R. & Tracy S. Granoff 48 —4§7-764 913 Sheldon Street I Eric C. Bimber Bungalow Drive 413-302-6024 Keith A. & Kathleen A. Covin ton 50 544 Virginia Street 413-600-8001 Keith A.& Kathleen A. Covington Page 1 of 5 2/10/2006 Agreement No. 3588 City of EI Segundo Residential Sound Insulation Program "The Waiting List" (Applications prior to December 1, 2005) 51 525 Hillcrest Street 413-101-5008 NEW OWNER 52 909 East Walnut Avenue 413-303-0003 Jack B. & M un -Ja Ashworth 53 831 Bungalow Drive 413-302-8011 James D. M'orell 54 303 West Maple Avenue 413-201-2016 Javad Falati 55 1210 East Acacia Avenue 413-901-0006 Andrew B, & Connie Steinberg 56 1617 Loma Vista Street 413-100-7029 NEW OWNER 57 1415 West Palm Avenue 413-200-7010 Christy J. Anderson 58 617 Whiting Street 413-600-1017 Leroy E & Donna L. Hooper 59 824 Maryland Street 413-302-8020 John M. & Caroline M. Strachan 60 537 East Maple Avenue 413-301-1018 Dennis & Pamela Du 61 747 Maryland Street 413-302-4004 James P. & Ella S. Walsh 62 205 East Maple Avenue 413-202-4005 Paula A. Rasmussen 63 750 Loma Vista Street 413-200-5016 Steve K. Mossman 64 1201 East Maple Avenue 413-901-3045 IRobert A. & Takako S. Joice 65 747 Virginia Street 413-200-6004 'Douglas R. Frankenber er& Annika E. Nord 66 725 West Pine Avenue 413-101-5036 Michael R. & Joan C. Chandler 67 748 Center Street William D. & Jean R. Bue 68 224 West Maple Avenue 413-201-0001 www Darvin L. & Susan W. Weston 69 201 West Maple Avenue 413-201-3016 Irene McLean Turner 70 724 Hillcrest Street 71 413-100-6001 Pauline F. Emi h 71 417 West Palm Avenue 413-200-7011 iLewis D. & Kefle A. Hill 72 1009 East Walnut Avenue Richard W. &Dolores L. Peterson 73 1213 East Walnut Avenue Richard W. & Dolores L. Peterson 74 1418 East Walnut Avenue Alexander O Maclntosh 75 808 McCarthy Court Christine D. Cummings 76 804 McCarthy Court Caroline P. Bruner 77 1123 East Acacia Avenue 413-901-1007 WWW .._.. Sarah A. Strohbusch 78 747 Sheldon Street Patrick & Debra Taylor 79 .612 West Oak Avenue Gregory A. Bernard 80 821 Lomita Street Geor e H. & Betty L. Drozd 81 533 East Maple Avenue Terry Sue Aikens 82 1721 West Pine Avenue Debbie L. Anderson 83 719 Hillcrest Street Daniel J. & Sonia L. Prines 84 1217 East S camore Avenue Eric S. & Nesto B. S nadinos 85 658 West Mariposa Avenue Donald G. & Sandra L. Peck 86 .. 122 East Maple Avenue ..WWW Roxanne A. Petersen 87 1434 East Walnut Avenue _...._ Ma J. Helve & Phyllis L. Langdon 88 317 & 319 East Oak Avenue _ ..WWW Norman A. & Marian D. Goy ette 89 729 West Pine Avenue Matthew J. & Sonya J. Hart 90 625 Hillcrest Street Troy V. Atkeson 91 .728 West Pine Avenue ....... Duncan A. & Angela B. Elliot 92 753 Virginia Street Joseph Lui & Naomi Sukimoto-Lui 93 735 Bugalow Drive Nancy Jean Oddo 94 716 West Oak Avenue_. Rexford E. &Kathleen A. Umbenhaur 95 704 West Oak Avenue Phi'll D. & Stacie M. O'Connor 96 315 East Maple Avenue Richard M. & Wynnette Searle 97 711 Sierra Street Kim D. & Stacey J, Port 98 613 Vir inia Street ......... Michael G. Williams & Seran C. Yemma 99 304 West Oak Avenue Raymond C. & Nancy Lee Nurminen 100 1121 East Acacia Avenue Michael H. & Judy D. Batton Page 2 of 5 2/10/2006 Agreement No. 3588 City of EI Segundo Residential Sound Insulation Program "The Waiting List" (Applications prior to December 1, 2005) 101 422 East Maple Avenue Bo Falck 102 718 Virginia Street Dennis J, Strauss 103 825 Sheldon Street Roger H. & Karen E. Gant 104 849 & 853 Penn Street Linda L. Quane 105 526 East Maple Avenue George Lochinski 106 308 East Maple Avenue WWW Jaime Warin 107 '817 Lomita Street Margaret Johnson Trust 108 411 East Sycamore Avenue Allen C. & Michelle M. Berryman 109 625 West Mariposa Avenue Paul D. Gane 110 647 West Palm Avenue Kevin & Ma Huben 111 421 West Oak Avenue Kevin & Mary Huben 112 808 Eucalyptus Drive James R..Jameson & Sharon J. TrEalleyval 113 128 West Maple Avenue Dennis R. & Kathleen M. Carr 114 400 East Sycamore Avenue Hillegonda Bergsma & Marjannero Oakley 115 1511 & 1513 East Sycamore Avenue Sania Ibrahim 116 1515 & 1519 East Sycamore Avenue Frederick M. & Tomoko Gherardi 117 635 Loma Vista Street Ma Jane Pola 118 712 Penn Street John C. & Patricia L. Eaton 119 628 West Oak Avenue Milton A. & Arlene E. Martinez 120 1430 East Walnut Avenue Ronald M. Selter 121 1221 East Acacia Avenue Talk P. & Rosita C. Sit 122 1819 Bungalow Drive Marr J. & Kimberly D. Lormans 123 1200 East Maple Avenue James T. & Stephanie P. Eis 124 1622 Eucalyptus Drive Greer & Deborah Wasson 125 312 East Sycamore Avenue Jeffrey A. Sugar 126 621 Eucalyptus Drive Francis J. Lamana 127 202 West Maple Avenue Thomas C. Tralon o 128 507 Loma Vista Street Viorel P. & Vioara Jakob 129 1204 East Ma le Avenue Grant A. Krista J. Carlson 130 _ ................_.n 528 Loma Vista Street ..... Paula E. & Darlene T. Morrison 131 809 Lomita Street Bradley W. & Michelle M. Schrupp 132 714 West Mariposa Avenue John L, & Tracy L, Giovannoni 133 209 East Maple Avenue Rosemarie & Richard E. Kistler 134 523 Whitin Street Gale M. & Doroth L., Stein 135 750 Bayonne Street Linda L. Lidster 136 124 West Oak Avenue Joe G. Vittori 137 124 West Maple Avenue_ James W. Savela 138 320 East Sycamore Avenue James L, & Maria B„ Budke 139 532 Virginia Street Robert J. Guilford & Michele E. III en 140 754 Loma Vista Street Paul M, & Jennifer Kakuske 141 1201 East Sycamore Avenue AnthonyF. & NangC. Affinito 142 710 West Palm Avenue Mrs. & Mrs. Lesser & Mr, & Mrs. Dale 143 514 East Maple Avenue Lorna D. Ennis Livin Trust 144 ......_._.._.... 900 McCarthyCourt William M. L. & Nicholas M. Campbell 145 723 Loma Vista Street Peter G. & Jodi M. Distad 146 1840 Penn StreetDavid J. Downs 147 227 West Maple Avenue __............. ... ......... James E. & Janice G. Marva 148 1116 East Acacia Avenue W John W. & Kristin A. Walz 149 Palm Avenue Tim M. Jack &Brad A. Jack L3O9West Pepper Street Joseph M. & Gwendolyn F. Lipsey Page 3 of 5 2/10/2006 Agreement No. 3588 City of EI Segundo Residential Sound Insulation Program "The Waiting List" (Applications prior to December 1, 2005) 151 742 Loma Vista Street Marie C. & Justin U. Fellhauer 152 913 Center Street Stephen R., Catherine, & Suanna May & Joanne Meisenbach 153 1219 East Acacia Avenue William R. & Lisa L. Bread 154 737 West Mariposa Avenue 155 744 Sheldon Street 156 703 Vir inia Street 157 409 West Palm Avenue 158 510 West Palm Avenue 159 817 Pepper Street - 160 542 Richmond Street Ratcliff, Mia P., & John W. 161 1112 East Acacia Avenue McCann, Michael C. & Ingrid L. 162 859 Penn Street Cross, John S, 163 760 Virginia Street Sve car, Joanne 164 1426 East Walnut Avenue Marquez, Javier & Martha 165 619 West Oak Avenue Lubba, Christo her 166 694 West Palm Avenue Neal J. & Laura J. Boushell 167 757 Sierra Street 168 629 - 627 Eucalyptus Drive 169 901 Center Street 170 i 635 Whiting Street 171 645 Hillcrest Street 172 537 Whiting Street 173 725 West Oak Street 174 ... 627 West Oak Street 175 717 East Pine Avenue Stanley T. Nomura & Jin -Hee Jung -Nomura 176 423 Loma Vista Street Richard K. Van Vranken 177 1448 East Maple Avenue Robert Geru ht 178 346 Valley Street Janice A. Peebles 179 —186-7736 640 Bungalow Drive Maurice C Coi ar California Street John D. & Jody L. Hensley 181 512 Lomita Street Bron C. & Henrietta M. MacDowell 182 1500 East Ma leve Anue Francis M. & Lillian V. Mote 183 _.._W 508 Richmond Street Jose Contreras 184 1432 East Maple Avenue Paula A. Rasmussen & Ted Y. Toki 185 609 Penn Street Tanya & Jim Latta 186 443 Loma Vista Street ._...WWW ........ David L. Bohline 187 536 Richmond Street Paul & Anna M. Schwarz 188 1428 East Maple Avenue Steven A. & Kristen E. Stuureon 189 415 Standard Street Barbara J. Culbertson 190 710 East Pine Avenue Leonard & Bernadette L. Solis 191 639 Sierra StreetJames _ A.,& Rahaele F, Machado 1 92 1221 East Oak Avenue Charles R. Johnson 193 1431 East Elm Avenue Edward A. & Patricia A. Moore 194 1440 East Palm Avenue Gordon T. & Diane M. Hollick 195 720 Lomita Street Richard J. Saldin 196 638 West Pine Avenue c aret Sullivan m damn 197 1740 East Sycamore Avenue Glida Rowlands 198 1601 . .................. Lomita Street Alfred J. & Maria S. Rossmeissl 9 714 Bun aloes Drive GIen W, & Barbara L. Knight E0 426 Valley Street Frederick M, & Tomoko Gherardi Page 4 of 5 2/10/2006 Agreement No. 3588 City of EI Segundo Residential Sound Insulation Program "The Waiting List" (Applications prior to December 1, 2005) 201 415 Concord Street James G. Schmunk & Mona L. Eisman 202 731 Center Street James & Tran N. Edwards 203 346 Virginia Street Richard M. & Ruth A. Baughman 204 1449 East Palm Avenue Jing Mei Song & Yi Yuan Chen 205 1630 East Palm Avenue #6 Carl L. & Lorraine A. Leon 206 708 Bungalow Drive Carl & Nancy Jacobson 207 416 1/2 Richmond Street JeffreyL. Jamison 208 647 Bungalow Drive Sam W. Holcomb & Eileen J. Bell 209 .619 Maryland Street Joseph S. & Barbara A. Tiedemann 210 617 Arena Street Doris J. Wester 211 635 Center Street Aaron M. Frank & Jennifer A. Jacobson 212 721 East Pine Avenue Lucille A. & Robert G. DeRinq 213 1217 - 1229 East Mariposa Avenue Linda L. Lidster 214 511 Concord Street Patrick Harper 215 337 Valle Street Mahesh P. & Susmita Pujari 216 421 Valley Street Alfred, Silvia, & May Schafrik 217 218 735 Center Street 407 Hillcrest Street Marc. J. & Teresa Shapiro David H. Albinus 219 424 Hillcrest Street Floyd Jr. & Helen V. Carr 220 1356 Vir inia Street, Unit #203 Linda C. Domann 221 Concord Street 222 EE1408 2 Concord Street 223 224 1006 East Mariposa Avenue 771 California Street .._.......................... _..... Zeller, Daniel J. & Cindy G. 225 226 227 1236 East Mariposa Avenue 707 Ma land Street 501 Richmond Street Siu Kwan & Elsie K. Li 228 229 230 633 Penn Street 1633 - 1637 East Maple Avenue 535 Bungalow Drive 231 232 345 Loma Vista Street 1414 East Oak Avenue Page 5 of 5 2/10/2006 Agreement No. 3588 ORDINANCE NO. 1393 AN ORDINANCE ADDING § 13-1-4 TO THE EL SEGUNDO MUNICIPAL CODE AND AMENDING THE 2001 CALIFORNIA BUILDING CODE ("CBC") BASED UPON LOCAL CLIMATIC, TOPOGRAPHIC, AND GEOGRAPHICAL CONDITIONS, The council of the city of El Segundo does ordain as follows SECTION 1 FINDINGS The City Council finds and declares as follows A In accordance with Health and Safety Code § 17958 7, the City Council incorporated the 2001 Edition of the California Building Code ("CBC"), along with certain amendments, into the Lt Segundo Municipal Code (`SSMC") by Ordinance No 1349, adopted October 15, 2002 B Pursuant to the requirements of Health and Safety Code § 17958 7, the City Council finds that there are local geographical conditions justifying the CBC amendments set forth below Specifically, the City abuts the Los Angeles International Airport ("LAX"), one of the largest international airports in the world Consequently, the City and its citizens are profoundly affected by noise generated from air traffic using LAX Amending the ESMC and CBC through the additions in this Ordinance will help reduce the noise impact from air traffic and help improve public health, safety, and welfare including, without limitation, quality of life and property value C Based upon the foregoing findings, the changes made to the CBC by this Ordinance are reasonably necessary to provide sufficient and effective protection of life, health and property SECTION 2 A new section 13-1-4 is added to the El Segundo Municipal Code (`SSMC') to read as follows "13-1-4 Residential Noise Insulation Standards; Further Amendments to the Code CBC Appendix § 1208A 8 3 is added to read as follows Airport Noise Sources 1208A 8 3 01 Noise Insulation Requirements for New Construction 1208A 8 3 02 Purpose and Scope The purpose of this section is to establish minimum noise insulation performance standards for new residential dwelling units and additions of habitable rooms to Page 1 of 9 Agreement No. 3588 existing residential dwelling units to protect public health, safety, and welfare from the effects of excessive noise, including without limitation, indoor quality of life, speech interference, and sleep disruption 1208A 8 3 03 Applicability This section applies to all newly constructed residences and habitable room additions to existing residences 1208A 8 3 04 Definitions For purposes of this section, the following words must have the following meaning "Community Noise Equivalent Level (CNEL)" means the noise measure defined in 21 Code of California Regulations § 5001(d), and any successor regulation or amendment "Habitable Room" means a room that is a space in a structure for living, sleeping, eating, or cooking Bathrooms, toilet compartments, closets, halls, storage or utility space, garages, and similar areas are not considered habitable space "LAX" means Los Angeles International Airport "Noise Impact Boundary for LAX' means the area around LAX as defined in 21 California Code of Regulations § 5001(1), and any successor regulation or amendment The City's Building Safety Department must at all times maintain a current map of the Noise Impact Boundary "Residence" means any Occupancy Group R building as used in El Segundo Title 15 of the El Segundo Municipal Code 1208A 8 3 05 Standards: Any new Residence or addition of one or more habitable rooms to an existing Residence that is within the Noise Impact Boundary for LAX must be designed to ensure that internal noise levels due to LAX do not exceed of 45 dB CNEL This standard may be satisfied in two ways (1) by performing the acoustical analysis described in section E, below, or (2) by employing the prescribed construction methods described in section F, below 1208A 8 3 06 Acoustical Analysis A building permit application for a new Residence or addition of one or more habitable rooms to an existing Residence must comply with the minimum noise insulation performance standards established in this section if it includes an acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to LAX aircraft noise will not exceed 45 dB CNEL The acoustical analysis is subject to verification by the Building Official, who has the discretion to require post-construction/pre- occupancy acoustic measurement to verify compliance with the 45 dB CNEL standard A The acoustical analysis must be prepared by or under the supervision of a person experienced in the field of acoustical engineering The analysis must consider and include the topographical relationship between LAX aircraft noise sources and the Page 2 of 9 Agreement No. 3588 dwelling site, the characteristics of those noise sources, predicted noise spectra and levels at the exterior of the dwelling site, the basis for this prediction (measured or obtained from published data), the noise insulation measures to be employed, and the effectiveness of the proposed noise insulation measures B If the interior allowable noise levels are to be met by requiring that windows be unopenable or closed, the design for the structure must also specify a ventilation or air-conditioning system to provide a habitable interior environment The ventilation system must not compromise the interior room noise reduction 1208A 8 3 07 Prescribed Construction Methods A building permit application for a new Residence or addition of one or more habitable rooms to an existing Residence must comply with the mimmum noise insulation performance standards establish in this section if the design incorporates the following construction methods CONSTRUCTION METHODS IN THE 70 DB CNEL AND GREATER NOISE ZONE 1208A 8 3 08 Exterior Walls New walls that form the exterior portion of habitable rooms must be constructed as follows A Studs must be at least 4 inches in nominal depth B Exterior finish must be stucco, minimum 7/8 -inch thickness, back veneer, masonry, or any siding material allowed by this code Wood or metal siding must be installed over %Z -inch minimum solid sheathing C Masonry walls with a surface weight of less than 40 pounds per square foot must require an interior supporting studwall that is finished with at least 5/8 -inch thick gypsum wall board or plaster D Wall insulation must be at least R-11 glass fiber or mineral wool and must be installed continuously throughout the stud space E Exterior solid sheathing must be covered with overlapping asphalt felt F Interior wall finish must be at least 5/8 -inch thick gypsum wall board or plaster 1208A 8 3 09 Exterior Windows A Openable Windows All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 40 dB and must have an air infiltration rate of no more than 0 5 cubic feet per minute when tested according to ASTM E-283 Page 3 of 9 habitable rooms must Agreement No. 3588 B Fixed Windows All fixed windows in the exterior walls of Have a sound transmission class rating of at least STC 40 dB, or 2 Must be 5/8 inch laminated glass with STC rating of 40 dB and must be set in non -hardening glazing materials, or Must be glass block at least 3-1/2 inches thick C The total areas of glazing in rooms used for sleeping must not exceed 20% of the wall area 1208A.8.3.10 Exterior Doors A Exterior hinged doors to habitable rooms that are directly exposed to aircraft noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 40 dB B Exterior hinged doors to habitable rooms that are not directly exposed to aircraft noise and do not face the source of the noise must have a minimum STC rating of 35 dB C Sliding glass doors in habitable rooms must not be allowed in walls that are directly exposed to aircraft noise Sliding glass doors in walls that are not directly exposed must have an STC rating of at least 40 dB D Access doors from attached garage to the interior of a residence must have an STC rating of at least 30 dB 1208A 8 3 11 Roof/Ceiling Construction A Roof rafters must have a minimum slope of 4.12 and must be covered on their top surface with minimum 1/2 -inch solid sheathing and any roof covering allowed by this code B Attic insulation must be batt or blow-in glass fiber or mineral wool with a minimum R-30 rating applied between the ceiling joists C. Attic ventilation must be 1 Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal Page 4 of 9 Agreement No. 3588 ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner Each duct must have a lined 90 -degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic, or Noise control louver vents, or Eave vents that are located under the eave overhang 4 Ceilings must be finished with gypsum board or plaster that is at least 5/8 -inch thick Ceiling materials must be mounted on resilient channels 5 Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening. A secondary openable glazing panel must be mounted at the ceiling line or at any point that provides at least a 4 -inch space between the skylight glazing and the secondary glazing and must be glazed with at least 3/16 -inch plastic or laminated glass The weather -side skylight must be any type that is permitted by the Building Code The size of skylights must be no more than 20 percent of the roof area of the room 1208A 8 3 12 Ventilation A A ventilation system must be provided that will provide at least the minimum air circulation and fresh air supply requirements of this code in each habitable room without opening any window, door or other opening to the exterior All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection B Kitchen cooktop vent hoods must be the non -ducted recirculating type with no ducted connection to the exterior 1208A 8 3.13 Fireplaces Each fireplace must be fitted with a damper at the top of the clumney that is operated from the firebox and must have glass doors across the front of the firebox 1208A 8 3 14 Wall and Ceiling Openings Openings in the shell of the Residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited unless access panels, pet doors, mail delivery drops, air-conditioning, or other openings are designed to maintain the 45 dB CNEL (or less) standard in the room to which they provide access CONSTRUCTION METHODS IN THE 65 DB CNEL TO 70 DB CNEL NOISE ZONE 1208A 8 3 15 Exterior Walls- New walls that form the exterior portion of habitable rooms must be constructed as follows A Studs must be at least 4 inches in nominal depth Page 5 of 9 Agreement No. 3588 B Exterior finish must be stucco, minimum 7/8 -inch thickness, brick veneer, masonry, or any siding material allowed by this code Wood or metal siding must be installed over %z -inch solid sheathing C Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior studwall that is finished with at least 5/8 -inch thick gypsum wallboard or plaster D Wall insulation must be at least R-11 glass fiber or mineral wool and must be installed continuously throughout the stud space E Exterior solid sheathing must be covered with overlapping asphalt felt F Interior wall finish must be at least 5/8 -inch thick gypsum wallboard or plaster 1208A 8 3 16 Exterior Windows A Openable Windows All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 35 dB and must have an air infiltration rate of no more than 0 5 cubic feet per minute when tested according to ASTM E-283 B Fixed Windows All fixed windows in the exterior walls of habitable rooms must be at least 1/4 -inch thick and must be set in non -hardening glazing materials C The total area of glazing in rooms used for sleeping must not exceed 20% of the floor area 1208A 8 3 17 Exterior Doors A Exterior hinged doors to habitable rooms that are directly exposed to aircraft noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 35 dB B Exterior hinged doors to habitable rooms that are not directly exposed to aircraft noise and do not face the source of the noise must have a minimum STC rating of 30 dB C Sliding glass doors in habitable rooms must have glass that is 1/4 - inch thick Page 6 of 9 Agreement No. 3588 D Access doors from a garage to a habitable room must have an STC rating of at least 30 dB 1208A 8 3 18 Roof/Ceiling Construction A Roof rafters must have a minimum slope of 4 12 and must be covered on their top surface with minimum %z -inch solid sheathing and any roof covering allowed by this code B Attic insulation must be batt or blow-in glass fiber or mineral wool with a minimum R-30 rating applied between the ceiling foists C Attic ventilation must be 1 Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner Each duct must have a lined 90 -degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic, or 2 Noise control louver vents, or Eave vents that are located under the eave overhang D Ceilings must be finished with gypsum board or plaster that is at least 5/8 -inch thick E Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening A secondary openable glazing panel must be mounted at the ceiling line and must be glazed with at least 3/16 - inch plastic, tempered or laminated glass The weather -side skylight must be any type that is permitted by the Building Code 1208A 8 3 19 Floors The floor of the lowest habitable rooms must be concrete slab on grade or wood framed floors 1208A 8 3 20 Ventilation A A ventilation system must be provided that will provide at least the minimum air circulation and fresh air supply requirements of this code in each habitable room without opening any window, door or other opening to the exterior All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection Page 7 of 9 Agreement No. 3588 B Kitchen cooktop vent hoods must be the non -ducted recirculating type with no ducted connection to the exterior 1208A 8 3 21 Fireplaces Each fireplace must be fitted with a damper at the top of the chimney that is operated from the firebox and must have glass doors across the front of the firebox 1208A 8 3.22 Wall and Ceiling Openings Openings in the shell of the Residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited Any access panels, pet doors, marl delivery drops, air-conditioning, or other openings must be designed to maintain the 45 dB CNEL or less standard in the room to which they provide access " SECTION 3 97ALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQXand the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the "State CEQA Guidelines") because it consists only of minor revisions and clarifications to an existing code of construction -related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor This ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment SEC"T"ION 4 SAVINGS CLAUS p Repeal of any provision of the ESMC or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 5 SEVERABILITY If any part of this Ordinance or its application is deemed invalid by a court of competent Jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 6 VALIDITY OF PREVIOUS CODE SE "TIONS If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other the city ordinance by flus Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 7 EFFECTIVE DATE, This Ordinance will take effect on the 313' day following its final passage and adoption Page 8 of 9 PASSED AND ADOPTED this 6th day of ATTEST Agreement No. 3588 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1393 was duly introduced by said City Council at a regular meeting held on the 21st day of March 0 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 6th day of April , 2006, and the same was so passed and adopted by the followuig vote AYES McDowell, Boulgarides, Busch, Jacobson NOES None ABSENT Gaines ABSTAIN None Cindy Mo esen, City Clerk Page 9 of 9 Agreement No. 3588 -18- ITEM 17. RESOLUTION NO. — Authorization to Release Funds: To the CITY OF EL SEGUNDO for the implementation of an eligible NOISE MITIGATION project, RSI I, pursuant to noise compatibility and Land Use Mitigation Programs, and LLOCATION OF FUNDS EXECUTIVE SUMMARY; The Board of Airport Commissioners (Board) and Federal Aviation Administration (FAA) have an approved Part 150 Noise Compatibility Program (NCP) at LAX. This NCP makes land use mitigation projects within the cities of Los Angeles, EI Segundo, Inglewood, and the unincorporated areas of Los Angeles County eligible for FAA and airport funding. As provided by Los Angeles World Airports' (LAWA) Federal Aviation Regulations (FAR) Part 150 NCP and the Land Use Mitigation Funding Program (LUMP) set forth in Board Resolution No. 21481, the City of EI Segundo is requesting LAWA funds for a noise mitigation project within the 1992 Noise Contour. This Board action will provide the City of EI Segundo with a $7,450,000 grant to soundproof 300 noise impacted dwelling units. This grant is in accordance with the mitigation measures funding criteria set forth in the LAX Master Plan Stipulated Settlement. RECOMMENDATION: Adoption of the Report requesting that the Board of Airport Commissioners authorize the Executive Director to execute the Letter Agreement upon its execution by the City of EI Segundo and approval as to ibrm by the City Attorney, and to release $7,450,000 to the City of El Segundo pursuant to the terms and conditions contained within the Letter of Agreement and the Stipulated Settlement Agreement and contingent on the City of EI Segundo adopting a local building code regulation and a specific plan or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms within any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB (Patricia Tubert, 310-646-7142) Moved by: Seconded by: Ayes: Nays: Discussion: MARCH 20, 2006 t a a r 8 sir AQ AL APPROVED BY: divlsfc Head REVIEWED BY: D putt' xecutiv Oireotor REVIEWED BY: CITY ATTORNEY: EXECUTIVE DIRE SUBJECT. Authorization to Release Funds: Agreement No. 3588 Meeting Date: March 20 2006 CAO Report ❑ Completed ❑ Pending ® N/A Reviewed by: Budget 2/15/06 CEQA 2/15106 Procurement 3/7/06 To CITY OF EL SEGUNDO for the implementation of an eligible NOISE MITIGATION project, RSI I, pursuant to noise compatibility and Land Use Mitigation programs, and ALLOCATION OF FUNDS. RECOMMENDATION.- Management EC011/IMENDATION. Management RECOMMENDS that the Board of Airport Commissioners: 1. ADOPT the staff report. 2. DETERMINE that this action is exempt from the California Environmental Quality Act pursuant to Article II, Section 2 (f) of the Los Angeles City CEQA Guidelines. 3. AUTHORIZE the Executive Director to execute the Letter Agreement upon its execution by the City of EI Segundo and approval as to form by the City Attorney, and to release $7,450,000 to the City of EI Segundo pursuant to the terms and conditions contained within the Letter of Agreement a nd t he S tipulated S ettlement A greement and contingent on the City of EI Segundo adopting a local building code regulation and a specific plan or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms within any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB. - 1 - P. Agreement No. 3588 DISCUSSION: 1, Executive Summary The Board of Airport Commissioners (Board) and Federal Aviation Administration (FAA) have an approved Part 150 Noise Compatibility Program (NCP) at LAX. This NCP makes land use mitigation projects within the cities of Los Angeles, EI Segundo, Inglewood, and the unincorporated areas of Los Angeles County eligible for FAA and airport funding. As provided by Los Angeles World Airports' (LAWA) Federal Aviation Regulations (FAR) Part 150 NCP and the Land Use Mitigation Funding Program (LUMP) set forth in Board Resolution No. 21481, the City of EI Segundo is requesting LAWA funds for a noise mitigation project within the 1992 Noise Contour. This Board action will provide the City of El Segundo with a $7,450,000 grant to soundproof 300 noise impacted dwelling units. This grant is in accordance with the mitigation measures funding criteria set forth in the LAX Master Plan Stipulated Settlement. 2. Prior Related Actions On January 18, 2006, the City of Los Angeles, through Los Angeles World Airports, entered into a Stipulated Settlement (Settlement) of the LAX Master Plan lawsuits with the Board, County of Los Angeles, City of EI Segundo, Culver City, LAWA, and the City of Inglewood. Pursuant to that Settlement, the City has agreed to forgo the requirement for avigation easements in exchange for soundproofing funds and to require noise easements under very limited circumstances only. Also, the Settlement provides set amounts of Aircraft Noise Mitigation Program (ANMP) grants to the County of Los Angeles, and the Cities of Inglewood and EI Segundo. The City of EI Segundo has received Airport Improvement Project (AIP) grants from FAA totaling $6.3 million for noise mitigation. Prior to the Settlement Agreement of the LAX Master Plan Lawsuits, the City of EI Segundo had not participated in LAWA's Land Use Mitigation Program. 3. Current Actions To implement the soundproofing project detailed in Grant Implementation Plan I (GIP 1), the City of EI Segundo is requesting from LAWA a grant in the amount of $7,450,000. This grant covers all acoustical, architectural, engineering administration and construction costs. GIP I, which has been reviewed and approved by LAWA, details noise mitigation measures consisting of sound insulating 300 dwelling units covering 100 single-family residences and 200 multi -family units. The estimated project duration is twelve months. The area targeted in this project is located in the highest noise impacted areas of the City of EI Segundo. Owners of these properties have signed installation agreements and have committed to participate in the program. The estimated total cost for this project is $13,750,000 ($7,450,000 LAWA funds and $6,300,000 FAA funds). LAWA payment of these funds is contingent on the City of EI Segundo adopting a local building code regulation/ordinance, as approved by LAWA, and a specific plan or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms in a residential structure achieve an interior CNEL of at least 45 dB. Furthermore, payment of these funds is contingent on the City of EI Segundo complying with LAWA's Land Use mitigation policy and others as set forth by Board Resolution Nos. 21481 and complying with the LAX Master Plan Stipulated Settlement Agreement, and requirements established thereunder. Also, prior to receiving any funds, EI Segundo will provide LAWA with executed copies of the -2- Agreement No. 3588 Letter Agreement and other required documents and follow the prescribed procedures and requirements as stated in said GIP and Letter Agreement. A Final Grant Report is required by this Letter Agreement to be submitted by EI Segundo upon completion of the funded LAWA project(s). The City of EI Segundo has received approximately $10 million in FAA grants. These funds have been used by the City of EI Segundo to complete soundproofing on 251 eligible dwelling units. There are approximately 300 units in various stages of design, bid, or construction. Authorization is requested at this time for the Executive Director to execute the Letter Agreement upon its execution by the City of EI Segundo and to approve the release of $7,450,000 to the City of EI Segundo, contingent on the City of EI Segundo adopting a local building code regulation and a specific plan/or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms within any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB. 4. Alternatives Considered California Code of Regulations under Title 21, Subchapter 6 (California Airport Noise Standards) provides the regulatory framework within which airports must work to reduce, prevent and eliminate incompatible land uses in adjacent off -airport noise impacted boundaries. All residential properties as well as schools, hospitals, convalescent homes, and churches that are subjected to an exterior Community Noise Level (CNEL) of 65 dB or more'are considered to be incompatible land uses. In order to bring these incompatible land uses into compliance, the airport may soundproof or acquire the affected properties. Until these land uses are brought into compliance, LAX operates under a variance from the Noise Regulations for California Airports. LAWA's Land Use Mitigation Funding Program sets forth the policy to bring LAX into compliance. Using the. 4h quarter 1992 CNEL contour map, there are over 22,000 Incompatible residential units around LAX. Of these, approximately 4,000 units are in the City of EI Segundo. The City of EI Segundo is the jurisdiction adjacent to LAX International Airport with an established program to provide noise mitigation measures to residential areas that are within LAWA's and FAA's noise contours. 5. Economics and Cost Implications The Settlement Agreement requires that LAWA provide $14.9 million, covering calendar years 2006 and 2007, in noise mitigation funding to the City of EI Segundo. Providing the City of EI Segundo with this requested $7,450,000 grant will leave $7,450,000 available to the City of EI Segundo through 2007. Funds for this grant are available in the LAX Passenger Facility Charges (PFC) account. The use of this LAWA grant is subject to regular audits at the discretion of LAWA. FISCAL IMPACT STATEMENT: This is an approved PFC project and will be funded from PFC funds. It is requested that funds for this project in the amount of $7,450,000 be allocated from the unallocated balance of the LAX Passenger Facility Charge fund to WBS Element 1.01.00020D-71 R. -3- Agreement No. 3588 STANDARD PROVISIONS: 1. This action, as a continuing administrative activity, is exempt from the requirements of the California Environmental Quality Act as provided by Article II, Section 2(f) of the Los Angeles City CEQA Guidelines. 2. This action is not subject to the provisions of the Service Contract Worker Retention and Living Wage Ordinances. 3. This action is not subject to the provisions of the MBE/WBE/OBE/DBE program. 4. This action is not subject to the provisions of the Affirmative Action Program. 5. This action does not require a Business Tax Registration Certificate. 6. This action is not subject to the provisions of the Child Support Program. 7. This action is not subject to the Insurance requirements of the City of Los Angeles. 8. This action is not subject to Charter Section 1022 regarding the use of independent contractors. 9. The City Attorney has approved the Agreement as to form. 10. Actions taken on this item by the Board of Airport Commissioners will become final pursuant to the provisions of Los Angeles City Charter Section 245. 11. This action is not subject to the provisions of the Contractor Responsibility Program. 12. This action is not subject to the provisions of the Equal Benefits Ordinance. 13. This action will not require the City of EI Segundo to comply with the provision of the First Source Hiring program. -4- Agreement No. 3588 , WHEREAS, on recommendation of Management, there was presented for approval, authorization to release funds to the City of EI Segundo for the implementation of an eligible noise mitigation project, RSI I, pursuant to noise compatibility and land use mitigation programs. This is an approved Passenger Facility Charge (PFC) project and will be funded from PFC funds; and WHEREAS, the Board of Airport Commissioners ("Board") and Federal Aviation Administration "x (FAA) have approved Part 150 Noise Compatibility Program (NCP) at Los Angeles International ntado Airport (LAX). This NCP makes land use mitigation projects within the cities of Los Angeles, El van ftys Segundo, Inglewood, and the unincorporated areas of Los Angeles County eligible for FAA and airport funding. As provided by Los Angeles World Airports' (LAWA) Federal Aviation 'PahndMe Regulations Part 150 NCP and the Land Use Mitigation Program set forth in Board Resolution u of ILos Aingelles No. 21481, the City of EI Segundo is requesting LAWA funds'. for a noise mitigation project within Antonio R. Vdiaraigosa the 1992 Noise Contour. This Board action will provide the City of EI Segundo with a $7,450,000 Mayor grant to soundproof 300 noise -impacted dwelling units. This grant is in accordance with the mitigation measures funding criteria set forth in the LAX Master Plan Stipulated Settlement; and Commiissibineirs Alan h Idral:.hc,uibr,irC° WHEREAS, to implement the soundproofing project detailed in Grant Implementation Plan I (GIP Preslden�,1), the City of EI Segundo is requesting from LAWA a grant in the amount of $7,450,000. This valea e,, laird e,r, grant covers all acoustical, architectural, engineering administration and construction costs. GIP I, which has been reviewed and approved b LAWA, details noise mitigation measures consisting vera a ��.��It�r,r�l PP Y 9 9 Nsopof sound insulating 300 dwelling units covering 100 single-family residences and 200 multi -family ha ;. I awsod@~ units. The estimated project duration is twelve months. The area targeted in this project is IViirlirra:l gra. I ram"!,emu S)dVO 'a1SXUrW located in the highest noise -impacted areas of the City of EI Segundo. Owners of these `° """""/ m "°"'"' i° properties have signed installation agreements and have committed to participate in the program. yMav�"`ulr. a�uKl The estimated total cost for this project is $13,750,000 ($7,450,000 LAWA funds and $6,300,000 L Xec Hv Idr�:em`iearrd FAA funds); and WHEREAS, LAWA payment of these funds is contingent on the City of EI Segundo adopting a local building code regulation/ordinance, as approved by LAWA, and a specific plan or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms in a residential structure achieve an interior Community Noise Equivalent Level (CNEL) of at least 45 decibels (dB). Furthermore, payment of these funds is contingent on the City of EI Segundo complying with LAWA's land use mitigation policy and others as set forth by Board Resolution No. 21481 and complying with the LAX Master Plan Stipulated Settlement Agreement, and requirements established thereunder; and WHEREAS, also, prior to receiving any funds, EI Segundo will provide LAWA with executed copies of the Letter Agreement and other required documents and follow the prescribed procedures and requirements as stated in said GIP I and Letter Agreement. A Final Grant Report is required by this Letter Agreement to be submitted by the City of EI Segundo upon completion of the funded LAWA project(s); and WHEREAS, the City of EI Segundo has received approximately $10 million in FAA grants. These funds have been used by the City of EI Segundo to complete soundproofing on 251 eligible dwelling units. There are approximately 300 units in various stages of design, bid, or construction; and WHEREAS, this action, as a continuing administrative activity, is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II Section 2 (f) of the Los Angeles City CEQA Guidelines, as amended by the City Council on July 31, 2002; and :�. Wrarlrfl Fr"tlay I' fJ. l!3cax 9291,6 lo'. thn{r,t:^Irw„ C.;r+ll6rru`rire 900 I(Jr,l7lrrir'ir, i1�1 (j4(,}a;r ,) Ir'Cr>r„C w!nrw.lrJwrra rriC; Agreement No. 3588 Resolution No. 22947 -2- WHEREAS, actions taken on this item by the Board of Airport Commissioners will become final pursuant to the provisions of the Los Angeles City Charter Section 245; NOW, THEREFORE, BE IT RESOLVED that the Board of Airport Commissioners determined that this action is exempt from CEQA requirements, adopted the Staff Report, authorized the Executive Director to execute the Letter Agreement with the City of EI Segundo upon its execution by the City of EI Segundo and upon approval as to form by the City Attorney, and to release $7,450,000 to the City of EI Segundo pursuant to the terms and conditions contained within the Letter Agreement and Stipulated Settlement Agreement with the City of El Segundo and contingent on the City of EI Segundo adopting a local building code regulation and a specific plan or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms within any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB, and approved allocation of $7,450,000 from the unallocated balance of the LAX PFC fund to WBS Element 1.01.00020D-71 R. M I hereby certify that the foregoing is a true and correct copy of Resolution No. 22947 adopted by the Board of Airport Commissioners at a Special Meeting held Monday, March 20, 2006. Sandra J. Miller — Secretary BOARD OF AIRPORT COMMISSIONERS