Court says San Jose curfew discriminates against GA
AOPA's contention that the nighttime curfew at San Jose International Airport discriminates against general aviation operations has been validated by a federal district court.
The court ruled in June that the curfew was unjustly discriminatory to GA aircraft. The ruling came in a lawsuit filed against the city by Larry Ellison, chief executive of Oracle. The curfew prevented Ellison from flying in his Gulfstream V jet at night because it weighed too much, even though it is quieter than many smaller, lighter jets.
But while the court said that the curfew was likely inconsistent with federal law, it declined to overturn the ordinance. The lawsuit didn't specifically ask for the ordinance to be overturned.
The court said that Ellison could be granted a waiver from the curfew and that San Jose had "abused its discretion" in denying a waiver in the past.
While AOPA was pleased with the ruling, the association would like to see the curfew overturned. An informal complaint filed with the FAA more than 12 months ago challenging the curfew has not yet been resolved by the agency.
"The curfew is still discriminatory," said Bill Dunn, AOPA vice president of regional affairs. "If the San Jose ordinance is allowed to stand, it opens the door for banning other classes of aircraft like Beech Bonanzas and Cessna 210s. Noise ordinances must be targeted at specific noise levels, not arbitrary categories of aircraft." San Jose continues to ignore federal guidelines relating to airport access restrictions.
Supervisors override ALUC findings at Chico
Despite the efforts of AOPA, Airport Support Network volunteer Brian Baldridge, and Caltrans Aeronautics, plans are moving forward for a residential development inside the traffic pattern at Chico Municipal Airport.
At a recent meeting, the Butte County Board of Supervisors voted four to one to overrule an Airport Land Use Commission (ALUC) finding that the proposed housing development is incompatible with airport operations. The decision clears the way for developers to build 20 large homes about one-third of a mile from the end of Runway 13R. AOPA has consistently opposed the development and expressed its support for the ALUC.
The board of supervisors originally voted in March to override the 1999 land use plan, but that vote could not be finalized until information used to justify the decision was examined more closely. In late May, the supervisors decided that the justification for their earlier decision, which was provided by attorneys for the developer, was sufficient to override the ALUC.
Ruling on trees expected at Dunsmuir
If the latest court date sticks, pilots who use Dunsmuir Municipal-Mott Airport will soon know whether trees that pose a hazard to airplanes will be removed.
With the help of AOPA and AOPA Airport Support Network volunteer Ken Pool, airport users have spent three years battling to keep the field open. The airport was briefly closed to all operations after the owners of adjacent property refused to allow trees on their land to be cut to clear safe approaches to the airport. Dunsmuir was reopened to daytime operations in late 1999 after some of the offending trees were cut. But the airport remains closed to night operations. In all, about 40 acres of trees must be cut to make the approaches safe.
The City of Dunsmuir filed a lawsuit against those who have opposed the tree removal. That 1999 suit named property owners and the U.S. Forest Service as defendants. A hearing on the lawsuit was held on June 18, and a decision is expected by mid-September. Pilots hope that, once the lawsuit has been resolved, they will be able to focus their energy on educating the Dunsmuir City Council about the value of the airport to the community.
Palo Alto to get new VOR/DME approach; seeks changes to runway length
Pilots at Palo Alto Airport hope to soon have another instrument approach to the field. The FAA is in the process of designing a new VOR/DME approach to Runway 31. Although initial plans for the approach indicate that it will have higher minimums than the existing VOR approach, officials have assured concerned pilots that the new approach is not meant to replace the existing approach.
Meanwhile, with the guidance of Airport Support Network volunteer Robert Lenox, pilots at Palo Alto are considering initiating an unusual process to have the official runway length changed. The airport recently added an additional 155 feet of asphalt to its runway. At the same time, the runway threshold for Runway 31 was displaced by 60 feet. But when the changes were completed, instead of having a 2,658-foot runway, the airport was left with an official runway length of 2,443 feet — 57 feet shorter than before the runway was lengthened.
After some research, Lenox determined that the issue was the creation of a 240-foot safety zone at the end of the runway to guard against overshoot and overrun accidents. However, pilots believe there is no safety reason not to use the entire length of paved runway for takeoffs to the northeast.
The FAA's airport district office has told the pilots that there is a procedure for changing the "declared distance" of available takeoff surface without physically changing the length of the runway. That procedure is complex, however, and is generally used only at commercial airports. Lenox has said that changing the runway's declared distance is likely to require considerable lobbying efforts on the part of airport users. If successful, however, the change could help pilots be higher and quieter by the time they overfly residential areas, increase payload for heavier aircraft at the field, and increase the distance available to stop in the event of an aborted takeoff.
Kangaroo rat holds up development plan at Redlands
Plans to build a $ports park adjacent to Redlands Municipal Airport have been put on hold because of concerns about the effects on an .ndangered species.
The state Department of Fish and Game is concerned that the park would encroach on the habitat of the endangered kangaroo rat. Officials with the department say the airport and the surrounding lands are a kangaroo rat habitat. That declaration has stopped the development plans and put a hold on federal grants for the airport until a resolution can be reached.
In the meantime, city officials are expected to undertake a feasibility study for the sports park. That study will take one to two months to complete, but a decision on the proposed park could take a year or more. Airport Support Network volunteer Robert Pearce believes that the delay will give airport supporters more time to gather evidence opposing the development.
Merced reviews minimum standards for airport.businesses
The airport authority for Merced Municipal Airport is reviewing minimum standards and regulations for airport tenants.
The review began after an airport tenant raised concerns that "unregulated" maintenance might be taking place on the field. When members of the airport authority looked into the issue, they discovered that many airport tenants had never received a copy of the rules and regulations — a document that should have been provided at the time they signed the lease for hangar or tiedown space.
While leaseholders have since been given copies of those rules, the airport authority also discovered that the regulations have not been reviewed by the city since 1985. Plans have been put in place to have the city revisit the regulations, but that has raised concerns on the part of some tenants that the goal of the review is actually to prevent anyone except mechanics employed by the local FBO from performing maintenance on the field.
Airport Support Network volunteer Thomas Ward, a member of the airport authority and chairman of the subcommittee that will review the regulations, is working to allay those fears. He is encouraging pilots and other airport tenants to select a few individuals from their ranks to serve on the subcommittee. In addition, the panel will invite all tenants to give their input on changes to the rules.
Any changes that are proposed would have to be reviewed by the city attorney and approved by the city council before being enacted.
Second fuel provider expected at Metro Oakland
At a recent public hearing, the Port of Oakland Commissioners voted unanimously to allow a second business to .ell avgas to the general public at Metro Oak-land International Airport. Airport Support Network volunteer William Kane spoke in favor of the decision at the meeting.
Sierra Academy of Aeronautics is expected to win the right to sell avgas over the opposition of Kaiser Air, which has been the sole avgas provider on the field for 21 years. Kaiser has threatened to file an injunction to stop Sierra from selling fuel, claiming that allowing a second fuel provider would violate the firm's agreement with the Port. Although the Port has not yet awarded the contract to Sierra, it is expected to do so.
Contract proposed for Santa Clara master plan
Santa Clara County was expected to award a contract for the creation of a new master plan for the county's three airports. Harris, Miller, Miller, and Hanson was expected to be awarded the contract, which has been under discussion for more than 18 months.
When the master plan contract was first proposed, the project was estimated to cost approximately $650,000, but that cost has now risen to $807,500. In addition, the firm wants a 15-percent contingency fund in place to cover cost overruns. Although the FAA awarded the county a $650,000 grant to create the master plan and Caltrans Aeronautics agreed to pay an additional $32,500, the cost increase leaves the airport's enterprise fund with a bill of at least $125,000 and as much as nearly $250,000. The fund has a total annual budget of less than $2 million.
