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sr-041376-10a p~ at:.= ~}- c7l~ ~ Santa Monica, California, March 11, 1976 v ~,~~ T0: Mayor and City Council ~ ~~ r FROM: City Staff ,;•,~ ~q '`F-. ~ ~ IN U SUEJECT: Proposed shortening of Airport Runway and deletion of th@"~3~ ~~~G.'s ~=~ North Taxiway area. (A proposal of the Recreation and k§~.-ra 7E3 ~e:t Commission, dated January 14, 1976). G3°~ ea.~~xs c2€r' ~cz ~:~x~*a; Introduction 1. The City Council on January 27, 1976, referred back to the Airport Commission - the Recreation and Parks Commission 'Runway Shortening' proposal, dated January 14, 1976, for said Airport Commission's con- aideration and report back to City Council within 4 months, 2. The Airport Commission, has held three meetings, wherein it reviewed; a. A presentation by Recreation and parka Commissioner Gary Schwedea, Re: Runway shortening. b. F.A.A.'e opinion (Copy attached) c. City Attorney's opinion (Copy attached) d. Publics' commentary e. Staff Report by Airport Director, C. V. Fitzgerald (Copy Attached) Recommendation The Airport Commission at its regular meeting on March 10, 1976 voted to report to Council that; due to the safety, noise, envfromnental, leasehold, F.A.A. - Tenant - residential litigation potentials; it is; 1. Unalterably opposed to any shortening of the Airport Runway; and - 2. It is opposed to any deletion of the North Taxiway area pending the firming up of development plans for. the McDonnell-Douglas-airport areas on .the North side. T0: Mayor and Council Recommendation - Continued -2- March ll, .1976 Commissioner Lincoln Vaughn moved, seconded by Commissioner Roney and passed with Coam~iasioner James Hoyt voting "No". Prepared by; C. V. Fitzgerald CVF;rh attachmeata . ~.,, '~~ . ~;nL FSJa TION ADMINISTRATIO N WESTERN ftEG10N ' • P. 0.00% 9P001, WORIOWAY POSTAL CENTER LOS ANGELES, CALIFORNIA 90009' ~aP% ~~4~ ` ' z ~* ~_ , FEB 27 1976 ~'1~ .: * ~ X r Mr. Richard L. Knickerbocker °y, ~~_' AP A' ~ /St City Attorney ~ , City of Santa Monica ' 1685 Main Street Santa Monica, California 90401 : ~~ ~- Re: Proposal to Shorten Runway at the. ~.. `.~~~, ~ . .-: Santa Monica Municipal Airgort ::;; ••;. ,. ~ ~:.:~ • • :~;: R' ~ Dear Mr. Knickerbocker: ~; `~ ~= ''~` .w... :~ This is in response to your request for the Federal Aviat;,io~!'~ Administration's views regarding the proposal submitted~~ the Recreation and Parks Commission of the City of Santa Monica to shorten the runway at Santa Monica Municipal Air- port from approximately 5000 feet to 4000 feet, We note F--~ that the Airport has only one runway. (3/21). and that the proposed shortening would be applied to the southwest end ' r of the runway and its parallel taxiway. ~ " '~~w k'e strongly oppose. such a modification of the runway at Santa Monica Airport for several reasons which include safety, environmental and Federal funding considerations. Santa Monica•Municipal Airport is identified in the National ,,. ;r ~:.:' ,:, , Airport System Plan (NASP) as a Basic Transport Category Airport. The minimum runway length required for airports in this category is 4900 feet.- The Federal government's invest- 1,+- ment over the years to equip Santa Monica Municipal Airport to safely accommodate all users suited to its NASP class ifi- -. cation and physical layout has been substantial. Airport development projects under the Federal Aid to Airports program (FAAP) and .the installation of air traffic control Facilities and landing aids combine for a total Federal a:<penditure of approximately $946,000. In our judgment, ' sortening the runway would deny some users access to the ' a~.rport and thereby deprive them of the benefits intended by this Federal investment. This result would be clearly in- consistent with assurances given by the City of Santa Monica :.~ in airport development grant agreements to operate the airport ~~,;• ; for the use and benefit of the public.. ~~'' ra~ ~2 . The majority of aircraft. operating throughout the United ~--- States can land and takeoff at airports suitable for their '=~`- operational requirements without using all of the runway ;!`.~-! length available. This means that an important safety margin is provided by the unused portion of the runway in the event of aborted takeoffs and potential overruns during landings. Thus, the proposal to shorten the runway at i Santa Monica Airport by 1000 feet would adversely affect ,~ safety and should not be implemented, A further area of concern is the environmental impact of ,''~P~ shortening the runway. It appears to us that reducing the °~•~°~' ~ "'~- southwest end of the runway by 1000 feet will cause aircraft taking off towards the northeast to fly over residences and other structures at lower altitudes. This would obviously result in a greater noise impact to those residences and structures,. Therefore, we doubt whether a decision to ;__ shorten the runway as proposed could meet with approval under ~°r' State and Federal environmental standards. x~~~,:` m,: .,, Please do not hesitate. to contact me should .you desire to discuss this matter further. Sincerely, r , D'e`tdITTE T,, CdSON, JR, Acting Regional Counsel. 5 i F~.°. ~t ,, ,.n, ~.. . ~~- •. i __ .,, . ~, --,., I ~" ! \ ,`_ .~_ ~, ,~:~,- CA`LIhOT~NIA or-r[cr or rn[t.crrY nrro~~l:Y ' l"Il'Y HALL CXLrook 3.9975 December 16, T97S hlr. lle~Pitte Lawson Regional Counsel federal Aviation Administration western Region P. O. I3o:~ 92007 '~9orld way Postal Canter Los Angeles, California 90009 Rec Proposal to Shorten Runway At The Santa Monica Municipal Air ort Dear Mr. Lawson: Pursuant to your telephone conversation with this office on llecember 15, 1975, this correspondence is being sent to you in order to request a formal written response from the Federal Aviation Agency in regard to the above referenced matter. Ths proposal S.n question i.nvol.ves a plan suY~mittn_d by the Recreation and Parks Commission of the City of Santa Monica which would ca 11 for, inter ali-a, the shorr_ening oL- the runway at the Sani:a N,olu.ca Municipal Airport from a length of 5,000 feet to 4,000 feet. Tn regard to such a proposed plan, ib would be appreciated .if your office could state the position of the federal Government in writing, with any supportive data and infor-oration and then transmit the•sarne to this office at the earliest opportunity. The plan is only at the proposal stage and hays rot been approved by the City,Cow~cil of Sani:a Monica. Your opinion as to this matter is being requested while the plan is still at an informal phase. P1r. DetVitCe Lawson - llecember lug-1975 Page Two Thank you in advance for your courtesy and cooL,ec- ation in regard to this matter. Please do not hesitate to contact file undcrsin>;~1 for any further. information or assistance. Very truly yours, RICHARD "L. YNTCKPsR`OCi~i'it Ctiy Attorney ~••'~ t i ~; ,, , ~. v.~i ~J DLDINIS.T OMOTO DepuL-y City Attorney DTO:cam , r~ i , i ,. • ,~ CA 12T,i{:J'1L:~Y 1/L:/i6 • ~ i , F ~ , I,:t '':. 'Opinion CA76~1~ I ~ ~, ,, ~ The opinion a^efe~r~:l ,',R ,i ,. ;,,~,~ to in, this 1/_/L,/7' J •. n r - ~ Metter has not bee~~ issued i;o date. , ,; Periodic inquir:~.es r ti•~i:r •.,~; '',as to when the opinicr, will Ybe•forthcoming ` I have• been made ar.c: •r,~• i ,, ~ ~ have been in,.o ,ed ~ .:. ,, :. .., , ,;+ `~ ' to date that r.'r;~ ' ~,.. Y' opinion orou,_~ L _ ' ~ ,' forthcoming .. _,. , 3_ CITY ATTORtdEY OPINTOPd Opinion No. 76-16 March 12, 1976 SUBJECT: Legal Ramifications of Certain Airport Modifications Including Substituted Use For Approximately Fifteen Hundred Feet of the Westerly Portion of the Present Runway. REQUESTED BY: James L. Williams, City Manager OPINION BY: Richard L. Knickerbocker, City Attorney Samuel I..Streichman, Assistant City~Attorney Shirley L. Kirby, Deputy City Attorney QUESTION PRESENTED .Are there any legal impediments to the implementation of such a plan in view of Attorney General Opinion No. CV74/317 and applicable law? CONCLUSION ,. The proposed shortening of the airport runway poses a threat of a multiplicity of lawsuits against the City. The most serious of these would be an action by the Federal Govern- ment, based upon the various land use agreements. Other potential lawsuits include suits by homeowners northeast of the airport and suits by the lessees of Parcels 1, lA, 1B, 1C, 16A, 16B, and 2. ANALYSIS As discussed in Opinion 75-63, the airport has become subject to federal grant agreements, federal lease -l- agreements, and federal transfer agreements. These agreements may impose an obligation to maintain the ai-rport in a manner suitable for all types, kinds, and classes of airplanes. The recent opinion from the Acting Regional Council of the Federal Aviation Agency indicates that the FAA feels the proposed shortening of the runway would deny some users access to the airport and would jeopardize the safety margin at the airport. In light of that opinion, it is apparent that if the City proceeds with the proposed runway shortening, we will become involved in litigation with the Federal Government. Existing leases with lessees of Parcels 1, lA, 1B, 1C, 16A, 16B, and 2 at the airport will not expire until 1996 (l, lA, 1B, 1C, 16A, 16B), and 1981 (2), respectively. Because the proposed runway shortening might jeopardize access to the runway for those lessees, the lessees of the two parcels might sue for a breach of the lease agreement. If a shorter runway resulted in aircraft flying lower over homes on the northeast side of the runway, then lawsuits could be anticipated from those homeowners, similar to the recent case of Nestle v. Santa Dlonica. Respectfully submitted, SHIRLEY L. KIRBY~ J Deputy~City Attorney / / APPR9VED BY • • ~ ////J (/ ~~~~ RICHARD L,%K I'CKER OCKER, ~ City Attorney By: SAMUEL I. STREICHMAN, Assistant City Attorney -2- CITY ATTORNEY OPINION Opinion No. 75-63 - August 25, 1975 SUBJECT: Legal Ramifications of Certain Airport Modifications Including Substituted Use ' For Approximately Fifteen ~Iundrep Feet of the Westerly Portion of the Present Runway. REQUESTED BY: James D. Williams, City Manager OPINION BY: Richard L. Knickerbocker, City Attorney Samuel I. Streichman, Assistant. City Attorney QUESTION PRESENTED Are there any legal impediments to the implementation of such a plan in view of Attorney General Opinion No. CV74/317 and applicable law? CONCLUSION There are possible legal obstacles to such a proposed use involving the diminution of the runway facility arising from the rights o£ current lease holders, the fixation of land use through dedication, and the rights of the federal government arising by virtue of various land use agreements. Of these, the latter is probably the major potential. obstacle to such a development. ANALYSIS As indicated by the Office of the Attorney General, any alteration of the use as presently existing at Santa Monica Airport would have to be compatible with the various agreements -1- and use restrictions existing on the airport. .There are five general categories `of agreements to which the airport use has become subject: federal grant agreements., federal lease agreements, federal transfer agreements, state grant agreements,.and private lease agreements. Most important among these to the particular question in hand are the federal grant agreements, which are subject to a sponsor's agreement incorporated in them which provides, among other things, as follows: "The sponsor (City of Santa Monica) :will operate and maintain in a safe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the airport... and will not permit any activity thereon which would interfere with its use for airport purposes." (Emphasis supplied). Additionally, the same sponsors agreement provides: "The sponsor will operate the airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the sponsor specifically agrees that it will keep the airport open to all types, kinds, -2- ~ ~ and classes of aeronautical uses...." The purpose of these grant agreements was to provide federal funding for various improvements made over the years at the airport, including construction of roads, fences, installation of lights, construction of various improvements to the runway, including storm drains and the construction of a new control tooter. ..Since the City has made the representations contained in the sponsor's. agreements to the federal government, and since the federal. government has expended monies subsequent to these agreements, it would appear that any proposed modification of the airport property which would include a golf course and a diminution of the runway by virtue of a removal of approximately one thousand five hundred (1,500)' square feet from the west end, would necessitate at least an attempt to extract the concurrence of the federal government. Therefore, in order to fully assess the competing legal rights involved, ,the federal-government should be included in the initial planning of such a project. This procedure would serve to test the. reaction of the federal government to such a plan and reduce the potential of federal-city litigation over it. Based upon previous contacts with the federal government and upon the opinion of the Strate Attorney `General, the probability of litigation arising from unilateral action of the City in the direction of such a modification of the airport facility is almost absolute. In addition to considerations relative to the federal -3- government,'-other,-perhaps more minor considerations exist. .These include relocation of leasehold operators as they may exist in the area which would become subject to modification and the question of aircraft safety (which may be closely related to federal cooperation), potential liability from possible designs or a final design for the golf course vis-a-vis the airport and the reaction of the residential property owners at the east end of the airport runway. Each of these above considerations must await analysis of a specific configuration for the proposed modification and need not completely be considered prior to some involvement of the federal government with regard to its position. Respe tfully submitted, i ~ C UEL I. ICHMAN Assistant City Attorney City Attorney Santa Monica, California,. February 11, 1976 T0: Airport Commission FROM: C. V. Fitzgerald, Airport Director SUBJECT: Proposed shortening of Airport Runway and deletion of North Taxiway area. Introduction This is pursuant to the Recreation and parks Commission proposal, dated November 20, 1975, relative to: 1. Shortening Airport Runway to provide an adequate 'noise buffer zone and recreational development.' 2. Deletion of North taxiway area of 200 feet x 4000 feet, to provide for an additional 20 scree of 'useable land' to the city. And pursuant to the Airport Commission's position and recommendation relative to development of Airport and adjacent properties. Background Santa N,onica Airport historically has been - and is today - a very important link in the National Transportation System, and ranks high among the busiest General Aviation airports in the world. Over the years the airfield has been home base for one of aviation's great industrial giants, Douglas Aircraft Company; which contributed most aignifically to the economic development and health of the community. Known as the cradle of aviation; many 'firsts' in the history of aviation originated right here at Clover Field, such as the first 'round the world flight' and first airline transport - the DC-3. To aay nothing of the tremendous national defense production of Bombers during the war time years all which provided thousands of jobs, millions of payroll To; Airport Commission -2- gebruary 11, 1976 dollars, and millions in taxes.. And none of this would have been possible or generated without the existence of the airport as we know it today: Aside from 'operating in the black° the past 18 years - the Airport has consis- tently contributed substantially to the City's General Fund - thereby helping to maintain one of the lowest tax rates in the county. In addition to the healthy ecconomic contributions the airport provides many valuable services to the community as per the following; - AYR TRANSPORTATYON - 1. Aerial gateway to Santa Monica's great tourist industry, and buainesa centers. 2. Base for many corporate buainesa enterprises. 3. Aero-Education - graduating hundreds of professional pilots each year, 4. Aero-Recreation -for those who love to fly -same as those who golf, swim, or play tennis. 5. Attraction of industry with its much-needed fobs, payrolls and taxes. 6. .Crisis, disasters - a much-needed facility in time of peril and defense. 7. hand Bank -for future generations. 8. Open space -several hundred scree of it - an environmentally sound investment. With the phasing out of the McDonnell-Douglas Company - and the approaching expiration of certain airport land leases, the Airport Commission, recognized that the Airport, today, stands at the threshold of a great development To; Airport Commission -3- February 11, 197u potential - one that could well fill or surpass, the economic vacuum - the community stands to suffer with the lose of Douglas. In view of-this the airport commission, in 1973, recommended to City Council an exciting bold proposal which incorporated airport and Douglas lands into an environmentally aesthetically acceptable Corporate/Industrial park - all integrated wil-hin the airport complex. It was felt by the majority of Airport Commission members that such a development would moat definitely, be to the beet intareets of the community as a whole. Since the airport commission's 1973 recommendation to City Council, the concept of integrating an executive-type golf course within the Corporate/Industrial Park complex-has evolved with soma vary interesting possibilities. The November 20, 1975 recommendation of the .Recreation and Parks Commission to slash 1000 feet off the airport runway and delete 200 feet X 4000 feet off the North aide of the airport operations area, (taxiway and tiedown areaaj; would undoubtedly create. more problems than it would solve. First and foremost is the safety element. To reduce the runway length and convert the deleted runway area to recreational uses would be an irrespons- able compromise with safety, Though, it might ba true that some 80 or 907. of the general aviation fleet can operate out of a 3500 or 4000 foot landing strip with a reasonable margin of safety; that safety margin is greatly magni- fied in an :emergency situation with the additional 1000 ft. of runway. To place recreational facilities at the end of a 4000 ft. runway would be an intolerable invite to disaster. The potential risks do .not warrant the claimed advantages. To; Airport Commission -4- February 11, 1976 To shorten the runway to create a noise buffer zone is also an exercise in futility - as it would have the opposite effect of 'increasing aircraft noise'. An aircraft taking off 1000'ft. farther down the runway would be canxnensurately 'lower' over the homes - and the aircraft noise level would be commensurately 'higher'. The litigation potential by the. affected residential areas would be greatly magnified. Tha-City just recently resolved an expensive major noise lawsuit - why create a whole hew ball-game and invite another lawsuit? Againy it would seem that the potential litigation risks (Residents - Airport Lessees, F.A.A.) do not warrant the "claimed' advantages - if any. The other Recreation and parks Commission recommendation; "That the 200 feet X 4000 feet airport area North of the runway i. e. (North taxiway and aircraft tiedown area), be deleted from the airport and converted to other us ea by the City" is another example of limited knowledge of airport matters and operations. First off; the Federal Aviation Administration regulations provides for a 7 to 1 transitional slope ratio for runway side slopes. A 250 ft. clear zone is required. i. e. Starting with Ehe centerline of the runway - 250 Et. of clear zone on either side of the runway centerline is mandatory. Beginning 250. feet right angle from the runway centerline the 7 to 1 criteria becomes effective. Yn-other words; For every 7 feet beyond the 250 ft. boundary one epuld theoretically go up 1 foot with a structure. The assertion, that the area is vary little used = and a waste of .land, is not quite correct. The north taxiway is frequently used and during peak times 3s of tremendous value in safe distribution of taxiing`aircraft - and maintenance To: Airport Commission -5- February 11, 1976 of safe acceptance rate of landing aircraft with its high speed turn-off capability. The City has developed approximately 100 aircraft tie-down stalls to accommodate overflow aircraft tenants, and in many times past most of the stalls were filled, Yf the City were to develop major portions of the south airport area into corporate/industrial park facilities - the north tie-down area would be in great need for re-distribution of aircraft. Zt must be emphasized that Santa Monica Airport is a most important - strong, viable, transportation canter - serving all the community's general aviation needs; industrial, tourist, business, educational and including recreational. Alternate Solutions a. Eetablieh 750 ft. displaced thresholds for landing only at both ends of the runway; this would have the effect of approaching aircraft coming in higher over residential areas with cammensur- ately less noise - and with still the built-in safety factor of having a 5000 foot runway in the event of an emergency; and departing aircraft, by starting at the end of a 5000 foot runway, will be at a commensurately higher altitude with commensurately less noise than an aircraft departing 1000 ft. farther down the runway. Plus the safety advantage of 1000 more ft, of runway in the event of an emergency or take-of€. Recommendation a. Strongly oppose the Recreation and Park's Commission recommend- To; Airport Commiaaio~x »6r February 11, 197G Recommendation - Cont. a. anon rs; Ths shortening of the runway and deletion of 200 Foot. ;C .4000 foot area north of the airport runway, fiats; City Ffanagsr concurs with staff reooermratdation. b. 12e-assert the Airport Commission's 1973 recommsndatian to City Couneil relative to dsvelogment of the airport and adjacent properties to its highest. and beat use as an Airport/Corporate/ znduatrial Fark complex with serious consideration toward irate- gration of a $olf course within the complex. It would seem that a concept of this type would be in the best interests, economic- ally and environmentally to the coaanunity as a whole. Prepared by; ' C. Y. Fitzgerald C4.P:rh attachments v