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SR-121002-8AW~ DEC 1 0 2002 RMD:AIR:F:\RESOURCE\SHARE\STAFFREPORTS\12-10-02 ACP RevRpt V.doc Council Meeting: December 10, 2002 SantaMonica,CA To: City Council From: City Staff Subject: Request that City Council Approve in Concept a Proposed Aircraft Conformance Program and Designation of Runway Safety Areas at Santa Monica Airport and Direct Staff to Evaluate the Implications of Implementation Introduction This report recommends that the City Council discuss and approve in concept a proposed Aircraft Conformance Program (ACP) and the designation of appropriate runway safety areas to ensure continued safe, compatible Airport operations. If approved in concept, the City Council should direct staff to thoroughly explore the implications of proceeding to implementation. Background Santa Monica Airport is designed and is currently rated to handle aircraft with approach speeds of less than 121 knots and wingspans of less than 79 feet. However, the number of faster turbine aircraft using the Airport has increased rapidly in recent years and now exceeds 6,000 takeoffs or landings annually. In response to this changing reality, staff initiated a review of the facility's operational design to determine its compatibility with the emerging aircraft fleet mix. The Santa Monica Airport Design Standards Analysis was conducted by Airport staff and the aviation planning firm Coffman Associates. The design standards analysis reviewed: DEC 1 0 ~nn7 1 • the shift in the aircraft fleet mix using the Airport toward larger and faster aircraft • the relationship between the performance criteria of these larger, faster aircraft and the design/operational limitations of the Airport's physical plant. • past and current Federal Aviation Administration (FAA) Airport Design Standards • overall aircraft operations to ensure the Airport's compatibility with the emerging mix of aircraft using the facility. The analysis of the operational data collected confirmed that there are increasingly larger and/or faster aircraft operating at the Airport. These aircraft are not compatible with the Airport's designated FAA design standards airport reference code. The Airport's FAA reference code is B-II (two) and is based upon the critical design aircraft identified in 1984. Airport facilities were designed and constructed to accommodate B-II compatible aircraft. That designated category of aircraft had approach speeds of less than 121 knots and wingspans of less than 79 feet. The analysis concluded that; 1) there has been a significant trend in recent years towards greater numbers of faster/larger/heavier aircraft that are incompatible with the Airport's FAA reference code of B-II, and 2) the Airport lacks sufficient runway safety areas per current FAA design guidelines. Runway safety areas are clear areas at runway ends which provide a margin of safety in the event of an emergency. 2 Discussion The Santa Monica Airport Design Standards Analysis resulted in a recommendation to implement a specific program to accommodate only those aircraft that are compatible with the airport reference code of B-II as identified in the 1984 Agreement and defined by the current FAA Airport Design Standards (hereinafter referred to as the "Aircraft Conformance Program" or "ACP"). Additionally, the analysis recommended the designation of runway safety areas by displacing the landing thresholds 300' at either end of the runway consistent with the Airport's reference code of B-II. This change would create runway safety areas at both ends of the existing runway without shortening the runway itself. Airport Commission Review and Recommendation At its meeting on May 20, 2002 the Airport Commission considered the information and analysis contained in the Design Standards Analysis and unanimously voted to forward a recommendation to the City Council supporting the establishment of a program that would preclude incompatible aircraft from using the Airport and requested that staff conduct an engineering review and analysis leading to the designation of appropriate runway safety areas. Additionally, the Commission recommended that staff return at a subsequent meeting to discuss potential ACP enforcement scenarios. During its July 22, 2002 meeting, the Airport Commission supported the implementation of a proposed Aircraft Conformance Program and also discussed potential enforcement procedures. The Commission requested that staff forward the recommendation to City Council for adoption. 3 FAA Notice of Investigation On October 8, 2002 the FAA served the City a 14 page Notice of Investigation (NOI) regarding "the legality of the Santa Monica Airport Commission's apparent decision to recommend that the Santa Monica City Council adopt and implement the Airport Conformance Program". The NOI further advised that the FAA may issue a determination, among other things, that the City is: 1) not in compliance with1984 Agreement 2) not in compliance with certain FAA Grant Assurances 3) not in compliance with Federal Law Additionally, the NOI invites the City to participate in good faith efforts to informally resolve the matter. City staff was surprised by the notice because, prior to its issuance, discussions with the FAA regarding the conformance program had been on-going; and the FAA gave no indication of any plan to initiate formal proceedings. Once the proceedings were initiated, the City Attorney and City staff prepared a written response to the NOI rejecting the assertions made by the FAA regarding the ACP and inviting the FAA to continue to discuss the matter. That response was filed on November 7, 2002 Budget/Financial Impact There are no budget or financial impacts of approving in concept and directing staff to return with evaluation of implications of implementation at this time. 4 Recommendations Staff recommends thatthe City Council considerthe information and analysis contained in the design standards analysis presentation, approve the Aircraft Conformance Program and runway safety area designation in concept and instruct the City Manager and the City Attorney to: 1) continue to meet with the FAA in an effort to resolve the matter 2) conduct an in-depth review of the legal, environmental and operational consequences related to the implementation of the Airport Commission's recommended Aircraft Conformance Program 3) conduct an engineering review and analysis leading to the implementation of appropriate runway safety areas within the current Airport boundaries at an estimated cost of $25,000. Prepared by: Jeff Mathieu, Director of Resource Management/Airport Manager Robert Trimborn, Airport Director 5 Dac-10-02 02:43pm Fram- JOHN D. CAHILL JOHN O. PETTKER WILLIAM R. CHRISTIAN HENRY P. PRAMOV, Jq. ALLAN E. CERAN C. STEPHEN DAMS CRIS K O'NSALL THOMAS CURTISS, JR. ELI7~16ETH 8. ELAKELY ROEERT C. NORTON TIMOTHY G. CEPERLEY ALFRED KLEIN ROBERT q, YAHIRO KENNETH A. FRANKLIN WAGE B. NORWOOO PRIV4 G. fiHATT ANDREW W. SODEAU JEAN M. BEA3LEY a4a SOUTH FLOWER 9TREET SUITE 7700 LO64NGELE6, CALIFORNIA BG071.280t TEL (213) 689-afl00 - 81 P.02/04 F-188 KARL B. RDDI (7909-79821 DAN16L C. BONG (1842-1877) PAVL E. SCHWAS (7896-79791 g~ OF COUN6EL ~~g` ~ @Y ~~ JAMES M. 6AL9LLFA1'(H 40 DAVID KW. CHANG TELECOPIERS (219) 886-482'1 (273) 686•a922 (213) 999-4]3D OUR FILE NUM6EA 0266]-10006 December 10, 2002 BY MESSENGER TO ALL ADDRESSEES Michael Feinstein Richazd Bloom Mayor Council Member City of Santa Monica Ciry of Santa Monica City Council Office #200 City Council Office #200 P.O. Box Office 2200 P.O. Box Office 2200 Santa Monica, California 90407-2200 Santa Monica, California 90407-2200 Ken Gesner Council Member City of Santa Monica City Council Office #200 P.O, Box Office 2200 Santa Monica, California 90407-2200 13erb Katz Council Member Ciry of Santa Monica Ciry Council Office #200 P.O. Box Office 2200 Santa Monica, California 90407-2200 Kevin McKeown Mayor Pro Tempore City of Santa Monica City Council Office #Z00 P.O. Box Office 2200 Santa Monica, California 90407-2200 Re: Gunnell Prooerries Dear Gentlemen: Robert Holbrook Council Member City of Santa Monica City Council Office #200 P.O. Box Office 220D Santa Monica, California 90407-2200 Pamela O'Connor Council Member City of Santa Monica Ciry Council Office #200 P.O. Box Office 2200 Santa Monica, California 90407-2200 Otu office represents Gunnell Properties, a California limited partnership ("Gututell"). As you are aware, Gunnell was enticed by the City to enter into a Master Lease and to invest a ROOI, POLLOCK, PETTKER, GALBRAITH & CAHILL 252784_t.doc Dec-10-02 02:44pm From- T-591 P.03/04 F-189 Santa Monica City Council December 10, 2002 Page 2 tremendous amount into capital improvements under the structure of documents which were designed to assure that an appropriate profit return would be available to them. See generally the terms of the Master Lease and the 1984 Settlement Agreement which obligates the City to take reasonable actions to allow my client to "amortize...costs and have the opportunity to make a profit". Section 14 of the 1984 Agreement. We have now been advised of a proposal by the Ciry of Santa Monica which would result in restricting access to the airport prohibiting precisely the type of aircraft that my clients joint efforts with the Ciry were designed to attract and accommodate. Proceeding on this basis would be a direct violation of the obligations of the City of Santa Monica under the terms of the 1984 Agreement and the Master Lease with Grinnell. We are also advised that the FAA has indicated these actions are inappropriate, and has issued a Notice of Investigation with respect to the proposed actions. The proposed actions will have tremendous negative impact. While not an exhaustive list, the following aze anticipated results: 1. Elimination of the ability to accommodate and serve aircraft of the type for which the Grinnell facility was specifically designed, which design was approved by the City. This will drastically reduce or eliminate the ability to conduct profitable operations in violation of the Master Lease and the 1984 Agreement. 2. Many other service enrities and facilities established to accommodate such aircraft with the knowledge and support of the City would be placed in tremendous financial difficulty. 3. The City would be violating its obligations to the FAA and the public as set forth under the 1984 Agreement which require continued effective operation of the airport. 4. Certain of the individual guarantors of The loan on the improvements made pursuant to the Gunnell Master Lease (which loan matures in the next 18 months) aze presently involved in the development of another major airport. The negative impacts of the City's present course of action would affect not only Gunnell and said individual guarantors, but their ability to proceed with a development contemplated to involve in excess of $150,000,000, resulting in damage and potential loss in excess of $50,000,000. This letter is formal notice of this potential loss. 5. Shortening runways is likely to result in as increase of risk rather than a reduction of risk. It is difficult for me to understand why, in view of these and other circumstances, and the FAA's specific indication to the Ciry that the proposal is unacceptable, the City desires to continue to try to limit use of the airport. There is a significant history of attempts by the City to shorten the runway for noise and other purposes, which date back years before the 1984 zsnsa r.ao~ Dac-10-02 D2:44pm From- T-591 P.04/04 F-189 Santa Monica City Council becember 10, 2002 Page 3 Agreement. In each instance the City has been advised that these actions are not appropriate. This is a further attempt, by attempting to seize upon rather obscure guidelines {that the FAA has indicated are not being properly applied) to attempt to limit use of the airport in au unreasonable manner in violation of the 1984 Agreement. As noted, these also constitute direct contractual violations of the City's obligations under the Master Lease with Gutmell, Before the City Council proceeds on this basis, I believe it imperative that they understand the significant risks that are created by the proposed action. Proceeding at this time is not only in violation of the contractual obligations of the City, but is a needless and inappropriate expenditure of taxpayers money to pursue a course of action that has already been indicated by the relevant parties to be unacceptable. It is our strongest desire to continue a positive relationship with the City of Santa Monica and not to be forced to have these matters addressed through legal recourse. We believe that aA of these factors should be carefully considered by the Council members before making a decision to authorize the requested course of action. Thank you for your considerarion of these issues, 'Very truly yours, w~ Wil ' hristian ` W12C:pma cc: Mr. Jeffrey P. Mathieu Mr. Robert Trimbom Mr. Terence E. Wallas Mr. C. Ray Johnson Mr. Jay R. Becker zsa~sa_i.a« Page 1 of 1 Sandra Garcia -Santa Monica Council Meeting on 12-10-02: Agenda Item 8-A Prom: "Alex Utas" <AlexUtas@attbi.com> To: <susan~mccarthy@santa-monica.org> Date: 12/10/2002 1:39 PM Subject: Santa Monica Council Meeting on 1210-02: Agenda Item 8 A To the Honorable Susan McCarthy, City Councilor, City of Santa Monica The Airport Committee of the Ven-Mar Neighborhood Association (which serves Los Angeles residents to the south and west of the SM Airport) unreservedly supports the recommendations of Airport Staff for establishing Safety Areas at runway ends and implementing the BII Aircraft Conformance Standard. Signed on 12/09/2002 by the members of the Airport Committee of the Ven-Mar Neighborhood Association on behalf of the Association, SEC Y 0 2002 (signed) Alex Utas, 310-401-1101, alexutas@attbi.com David Fogg, ca ndygramformongo@attbi.com Dean Pace, 310-399-6613 From: Bridget Stermer ~•~ To: City Council 2001 Date: 12/9/02 3:20PM Subject: Airport Conformance Standard Lewin Wertheimer 310-392-4252 Councilmembers, Mr. Werthheimer asks you please support the proposed Airport Conformance Standard and Runway Safety Area. From: Bridget Stermer To: counci12003 Date: 12/10/02 1:55PM Subject: 12/10/02 Council Meeting Lisa Leeman 119 W avecrest Avenue Venice, CA 90291 310-399-2505 SEC ~ a X002 Please support the proposed limits on the Airport Operation. From: <PRaid@aol.com> To: <council@santa-monica.org> Date: Tue, Dec 10, 2002 7:14 AM Subject: Airport Safety Dear Council Members.. I urge you to support staffs' recommendations concerning airport safety. It is just as much your responsibility to ensure air traffic safety as it is automobile traffic safety. How about a little air traffic calming at the airport... Thnak you, Phil Raider praid@aol.com From: "Jeffrey Markman" <cnjmarkman@earthlink.net> To: <council@santa-monica.org> Date: Tue, Dec 10, 2002 8:41 AM Subject: Proposed Amendment for the Airport Dear Council Members I'm writing to urge you to vote yes on the proposed Airport Amendment. As a resident of North Venice I have numerous concerns about jet traffic in and out of the Airport, it's just a matter of time before there is a major jet disaster. If this proposal reduces these chances by fifty percent it is worth a yes vote. Please consider the safety and quality of life of the residents whose Jive's are impacted by the Airport. Sincerely, Clea Markman 125 Breeze Ave Venice, CA 90291 ---Jeffrey Markman --- cnjmarkman@earthlink.net --- EarthLink: It's your Internet. From: Susan Rees-Puett <srees@nomadedit.com> To: <council@santa-monica.org> Date: Tue, Dec 10, 2002 11:14 AM Subject: Santa Monica Airport This e-mail is to let you know that we are strongly in favor of the safety enhancements currently being proposed to the city council. My husband and I live right under the flight path, and our quality of life is greatly affected by the noise and pollution caused by the increasing jet traffic. Many times we have literally cowered in our homes because of the low flight and huge noise generated by these planes. At times it is impossible to have a telephone conversation, or even sleep in on a Saturday morning. Please help us<We feel that the desires of a few very wealthy people are ruining our right to the peaceful enjoyment of our home. The current proposal goes a long way to helping us right the current wrongs of our situation. Thank you, Susan Rees-Puett and Nicolas Philippon From: dw <soundfurnace@earthlink.net> To: <council@santa-monica.org> Date: Tue, Dec 10, 2002 11:56 AM Subject: Please stop the noise over our beautiful community. Council, I am a live /work person in Santa MonicaNenice & because of the noise generated by the jets from SMA my wife & I are discussing ways to move. In this uncertain economic time the thought of moving is just to overwhelming besides the fact that I love living here. So please help increase the quality of your lives & my family and vote to STOP the JETS from flying from SMA. Thank you so much Damian Greene 12/10/02 13:15 FA% 3103961599 LAI2SOh w* ALLEiV ~lui • FRIENDS OF SUNSET PARS ~ ®2002 ro ^#.s G~x,,>.: .::;.~,,.~.,sn ..+x_.~;:s ., _, .<.:_ ,.,... .r~~-;. ,.. >.'a.,:<ea:~x~"1 "~. '.c!;$~^x s.>:~.°.~e.~..~"na^3Ya~', L. _ -. y.,, ~ ,. A California non profit rnrporation of Sunset Park residents 1122 Oak Street, Santa Monica, California 90405 • (310) 358-7117 Dec. 9, 2002 Santa Monica City Council 1685 Main St. Santa Monica, CA 90401 Honorable City Councilmembers, Friends of Sunset Park supports Airport Staffs recommended Airport Safety Enhancements of Runway Safety Areas and Aircraft Conformance to B-II Standard. The Safety of the Communfies surrounding the Santa Monica Airport has been threatened by the drastic increase of Aircraft not compatible with the Airport design and operational limitations. We urge the Council to direct City Attorney and Staff to create a City Ordinance to implement these proposals. Sincerely, Y/~ line Den er Kathy Knight Cathy Larson Caro y President Co-Chair Co-Chair Friends of Sunset Park Friends of Sunset Park Airport Committee 12/10/02 13:15 FAX 3103961599 FRIENDS CARSON ~s ALLEN /~k~9G OEC ~ ii 2002 OF SUNSET PARK :''~s^ ~i5 p~~`.^°.'n`O~""~"".-.»:~.: aY:i'ee:e:ak'a"W'„ e »z __-~ a,~n.:: '~' __ a:,...~ ~.. p. ..?_,..-.:a5.. :... .:;..F,....-'~kststl:.9iw'.N~" ~ ...:. , v':~H'..s1c}oie ~^..~.___ .. ..~uF3 e:.zasce rA ,.. .:.`.: Dec. 9, 2002 Santa Monica Ciiy Council 1685 Main St. Santa Monica, CA 90401 Honorable City Councilmembers, A California non profit corporation of Sunset Park residents II22 Oak Street, Santa Monica, California 90405 ®(310) 358-7117 Friends of Sunset Park supports Airport Staffs recommended Airport Safety Enhancements of Runway Safety Areas and Aircraft Conformance to 8-11 Standard. The Safety of the Communfies surrounding the Santa Monica Airport has been threatened by the drastic increase of Aircraft not compatible with the Airport design and operational limitations. We urge the Council to direct City Attorney and Staff to create a City Ordinance to implement these proposals. Sincerely, ~~ r~~~ r Kathy Knight Cathy Larson CaroUne Denye President Co-Chair Co-Chair Friends of Sunset Park Friends of Sunset Park Airport Committee 12i09i2002 22:17 RRND ~ 3104581621 N0. 170 D01 To: 1~rom: Re: City Council Members Eileen Miech December 10 Meeting Please support the Aircraft Conformance Standard (Class B-II) and Runway Safety Areas when this proposal comes before the Council at the meeting tonight. This is a matter both of health and safety, as the munber of jets using Santa Monica Airport is ever inereasin.g. "Thank you. From: "Alex Utas" <AlexUtas@attbi.com> To: <Susan-mccarthy@santa-monica.org> Date: 12/10/02 1:39PM Subject: Santa Monica Council Meeting on 12-10-02: Agenda Item 8-A To the Honorable Susan McCarthy, City Councilor, City of Santa Monica The Airport Committee of the Ven-Mar Neighborhood Association (which serves Los Angeles residents to the south and west of the SM Airport) unreservedly supports the recommendations of Airport Staff for establishing Safety Areas at runway ends and implementing the BII Aircraft Conformance Standard. Signed on 12/09/2002 by the members of the Airport Committee of the Ven-Mar Neighborhood Association on behalf of the Association, (signed) Alex Utas, 310-401-1101, alexutas@attbi.com David Fogg, candygramformongo@attbi.com Dean Pace, 310-399-6613 '~ j ~~