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FAA Hits SMO Evictions



 
 
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Old October 3rd 16, 01:50 PM posted to rec.aviation.piloting
Larry Dighera
external usenet poster
 
Posts: 3,751
Default FAA Hits SMO Evictions

FAA Hits SMO Evictions

By Russ Niles

The FAA is demanding proof from the city of Santa Monica that it will be able
to legally and safely provide aviation services at Santa Monica Airport now
that it has evicted the FBO and flight school on the field. The agency has
subpoenaed the city to provide all the relevant documentation (certificates,
ratings and endorsements) of all the city employees who will allegedly be
filling in for the dozens of employees at Atlantic Aviation and American
Flyers, who were told on Sept. 15 they are no longer welcome there. The FAA
maintains the city has to keep the airport functional until at least 2023 when
obligations relating to federal funding of airport projects run out and that
means fixing airplanes, selling fuel and teaching people to fly.

The agency issued a laundry list of requirements in the subpoena, demanding
that the credentials of “each and every” city employee keeping those services
viable be provided to the agency. The city says the FAA action is an
“overreach” and the will of the people will be served. “Our priority is putting
the community first and exercising our rights as owner and operator of the
airport,” Santa Monica Mayor Tony Vazquez told the Los Angeles Times. “Now the
FAA is clearly on a fishing expedition to protect Washington special interests
who fear losing corporate profits.”
------------------------------------------------------------------------------

https://www.nbaa.org/ops/airports/sm...NTA-MONICA.pdf

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

SUBPOENA TO PRODUCE DOCUMENTS OR INFORMATION

TO: Mr. Rick Cole City Manager
City of Santa Monica
1685 Main Street, Room 209
Santa Monica, CA 90401

At the instance of the Federal Aviation Administration and pursuant to
14 C.P.R.§ 16.29, you are hereby required to produce at the Office of
Airports, 800 Independence Ave., SW, Room 600, Washington, DC 20591
on the 3rd day of October, 2016 at 9:00a.m. the documents or electronically
stored information, and to permit inspection and copying of ...
---------------------------------------------------------------------------

http://www.latimes.com/local/lanow/l...nap-story.html

FAA will investigate Santa Monica's 'starvation strategy' to shut down its
municipal airport
)
Dan Weikel

The Federal Aviation Administration announced Tuesday that it would investigate
Santa Monica’s so-called starvation strategy that could close the city’s
embattled airport within two years.

It also issued a sharply worded warning for the city to put the brakes on the
pending eviction of two airport businesses, a move some see as the first steps
in Santa Monica’s plan.

Santa Monica officials have told Atlantic Aviation and American Flyers, two
major tenants that provide a variety of aircraft services, to leave by Oct. 15.

“The FAA strongly recommends that the city withdraw the notices to vacate until
such a time as this matter can be resolved,” the agency said.

FAA officials said they also plan to scrutinize the city’s airport leasing
policy, a proposal to limit fuel sales and efforts to reduce jet operations
until federal courts rule on whether the airport can be shut down, .

“These actions may be causing, and appear intended to cause, impairment of the
airport, including, but not limited to, a ‘de facto’ closure of the airport in
violation of applicable law,” the agency said in a notification to the city.

The FAA has given the city 10 days to respond to a federal subpoena for
documents and information related to its airport policies.

“This is an overreach by the FAA,” Santa Monica Mayor Tony Vazquez said. “Our
priority is putting the community first and exercising our rights as owner and
operator of the airport. Now the FAA is clearly on a fishing expedition to
protect Washington special interests who fear losing corporate profits.”

Once used by Douglas Aircraft Co., the 227-acre airport is now home to about
270 aircraft, from small Cessna propeller planes to large Gulfstream business
jets. The facility serves as a reliever airport for Los Angeles International
Airport and handles an average of 452 takeoffs and landings daily.
The FAA is clearly on a fishing expedition to protect Washington special
interests who fear losing corporate profits. — Tony Vazquez, Santa Monica Mayor

City officials and anti-airport activists say they want to close the facility
because of noise, potentially harmful air pollution and the risk that an
aircraft, particularly a large corporate jet, could crash into nearby
neighborhoods.

Airport supporters assert that the facility is an important transportation
asset and provides an estimated 1,500 jobs as well as $247 million in economic
benefits to the community. Based on accident rates, they say, the airport is
safer than other comparable airports in Southern California.

The FAA said it would look into the airport’s leasing policy that has resulted
in the city entering leases with non-aeronautical activities while denying them
to aviation uses.

Another target is a recent City Council decision to shut down the airport no
later than July 1, 2018, if legally permitted. The city has sued in federal
court in an attempt to overturn FAA requirements to keep the facility open.
We welcome the FAA’s investigation of the city’s management of the airport. —
Dave Hopkins, vice president of the Santa Monica Airport Assn.,

Atlantic Aviation and American Flyers, which were refused new leases, provide a
range of aviation services, including aircraft storage, flight training,
maintenance, facilities for charter flights and the sale of conventional fuels
for jets and propeller planes.

The city wants to replace them with an exclusive city-run operation that would
sell unleaded aviation gas and biofuel instead of standard jet fuel and leaded
gas.

The FAA contends that the city’s actions might violate various federal
agreements that require the airport to remain open and made available to the
public “on reasonable terms” and “without unjust discrimination” to all types
of aircraft and aeronautical activities.

Rules related to the acceptance of federal airport improvement grants require
the airport to remain in operation at least until 2023.

When the airport was transferred back to Santa Monica in 1948 after its use by
the U.S. military during World War II, the city agreed to keep it open in
perpetuity or its operation could revert back to the federal government.

Santa Monica officials say that as the airport’s proprietor and operator, the
city has a legal right to protect the health, safety and welfare of the
environment and local residents. Any contractual agreements with the federal
government, the city contends, do not nullify that right.

City officials also contend that FAA regulations give the them the power to
create exclusive city-run aviation businesses and to evict tenants.

FAA officials declined to comment on the investigation or their options if
violations are found.

In an earlier warning letter, a top ranking agency official told the city that
“the FAA is prepared to pursue all legal remedies at its disposal if the City
Council takes concrete actions to restrict leases or operations without
complying with applicable federal law."

Aviation attorneys said the FAA could issue an agency order stopping the
evictions and prohibiting the city from implementing its closure policies. Such
an order could be enforced in federal court, they said.

“We welcome the FAA’s investigation of the city’s management of the airport,”
said Dave Hopkins, vice president of the Santa Monica Airport Assn., which is
fighting to keep the airport open. He noted that there have been four federal
complaints against the city “alleging a common theme of mismanagement and the
misappropriation of airport funds.”

Three of the complaints, brought by airport tenants and national aviation
organizations, are pending before the FAA. In the fourth, the FAA ruled that
the airport must remain open at least until 2023. The city has appealed the
ruling in federal court.
-----------------------------------------------------------------------------------

http://www.smobserved.com/story/2016...?ICID=ref_fark

FAA Launches Investigation of Santa Monica's Treatment of Cloverfield Airport

City's refusal to renew leases has thrown Down the Gauntlet. Can a City Decide
to Close its Airport?

October 2, 2016

The FAA has given the city 10 days to respond to a federal subpoena for
documents and information related to its airport policies.

The Federal Aviation Administration has announced that it is investigating the
City of Santa Monica's policy intended to "starve" the airport into leaving. It
has asked the City to withdraw its 30 day Notices to Vacate.

The stakes here are very high. Can a city close a Municipal Airport by starving
it of services? Pilots, the FAA and towns all across America are watching.

"The FAA strongly recommends that the city withdraw the notices to vacate until
such a time as this matter can be resolved," the agency said, adding their
intention to scrutinize the City's airport leasing policy, a proposal to limit
fuel sales and efforts to reduce jet operations. Federal courts need to rule
first on whether Santa Monica can close it's airport, says the FAA. But "these
actions may be causing, and appear intended to cause, impairment of the
airport, including, but not limited to, a 'de facto' closure of the airport in
violation of applicable law," the agency said in a notification to the city.

The FAA has given the City 10 days to respond to a federal subpoena for
documents and information related to its airport policies. Undoubtedly, the
FAA, and also other cities across America with municipal airports, are watching
to see if affluent Santa Monica can use 30 day notices to evict an airport.
Much more is at stake than just Cloverfield.

"This is an overreach by the FAA," Santa Monica Mayor Tony Vazquez said. "Our
priority is putting the community first and exercising our rights as owner and
operator of the airport. Now the FAA is clearly on a fishing expedition to
protect Washington special interests who fear losing corporate profits."

Because of Federal Pre-emption, what the Federal Government ultimately decides
to do with SMO is controlling, legal experts say.

Separately, the Los Angeles Times has published an editorial, supporting the
Airport and saying it should be preserved. The Editorial Board says there are
many "compelling reasons" to keep the airport open. They say that SMO is a
"crucial air-transportation artery" in southern California, and that closing
KSMO would push business jet traffic to an already-congested Los Angeles
International airport (KLAX), where it would compete with commercial traffic.

They also note that the airport supports more than just recreational pilots.
Business travelers, organ transplant transportation flights, animal rescue,
Angel Flight West, and many others regularly use the Santa Monica airport, says
the Times.

The Times says that SMO is not a "frivolous playground for the '1 percenters'"
as it is often portrayed by its opponents. Rather, "it is a vital hub in an
already crowded air transportation system."

They point out that SMO has never had a fatal accident at the airport itself or
in Santa Monica, either to people in aircraft or on the ground, in the past
three decades. And, they say that the changing fuel would solve environmental
concerns expressed by residents.

Santa Monica has served thirty day notices to vacate, on two companies that
service most day-to-day operations at the Santa Monica municipal airport.
Atlantic Aviation and American Flyers are the airport's fixed base operators
(FBOs in pilot parlance).

They had master leases to operate airplane hangars, sell jet fuel and rent
space to flight schools and offices on airport land. Without them, it is no
exaggeration to say that SMO operations would cease. Which of course, is the
City's endgame.

The 30-day notices to vacate airport premises were served Thursday

The city has refused to renew leases with the FBOs since the middle of last
year, so they were operating under short term holdover agreements; i.e. they
were month to month tenants. Those agreements were terminated legally speaking,
with Thursday's order to vacate the airport within 30 days.

Nelson Hernandez is the City Manager's senior advisor on airport issues. He
said federal law lets it replace the private companies with its own city-run
operation.

FAA officials intend to scrutinize the City's policies intended to close the
airport.

It seems that the City is rushing inevitably toward a showdown with Federal
Marshall's on the tarmac. Personally, I'd bet on the Marshalls in a showdown
with the City Manager. They're better armed.

Atlantic Aviation, which owns the sole full-service FBO at southern
California's Santa Monica Airport (SMO), has filed a Part 16 complaint with the
FAA in response to a resolution by the Santa Monica city council calling for
the city to take over the airport's two FBOs, which also include avgas provider
American Flyers. In the complaint, Atlantic Aviation asked for expedited
handling "given the nature of the violations herein alleged and the urgency
with which corrective action is needed..."
-------------------------------------------------------------------------------


https://www.ainonline.com/aviation-n...y-santa-monica

Atlantic Aviation Files Part 16 Complaint Against City of Santa Monica
by Matt Thurber
- September 14, 2016, 11:26 AM
Atlantic Aviation
Atlantic Aviation at Santa Monica Airport has filed a Part 16 complaint with
the FAA over the city's anti-airport actions. (Photo: Matt Thurber/AIN)

Atlantic Aviation, which owns the sole full-service FBO at southern
California’s Santa Monica Airport (SMO), has filed a Part 16 complaint with the
FAA in response to a resolution by the Santa Monica city council calling for
the city to take over the airport’s two FBOs, which also include avgas provider
American Flyers. In the complaint, Atlantic Aviation asked for expedited
handling “given the nature of the violations herein alleged and the urgency
with which corrective action is needed…”

At a city council meeting on August 23, members voted unanimously on a
resolution calling for closing the airport by July 1, 2018, replacing the
airport’s two FBOs—Atlantic Aviation and American Flyers—with city-run services
and other moves that appear to be designed to discourage pilots from operating
at SMO. These include applying to the FAA to remove 2,000 feet from the
existing 4,973-foot runway, rigorously enforcing the noise ordinance, changing
hangar leases to permits, eliminating leaded fuel sales and enhancing airport
security.

Like that of almost every other aviation tenant at SMO, Atlantic’s lease
expired on July 1, 2015. Since then, tenants have been operating without
leases. According to the complaint, Atlantic had been negotiating a three-year
lease with the city council, through June 30, 2018, and it was near approval
when the city insisted that Atlantic sell only an unleaded alternative to 100LL
avgas and biofuel for jets, “even though complainant had advised the city that
such fuels were not yet commercially feasible.”

As the July 1, 2015 deadline approached, Atlantic agreed to sign a holdover
agreement, believing that the city would continue negotiating the three-year
term and so it could keep operating the FBO. The holdover agreement called for
raising Atlantic’s monthly rent by 32.1 percent, to $22,226 from $16,833 and
assigning title to the city to subleases for two non-aviation tenants in
Atlantic office space. According to the complaint, “in reality the City had
decided not to enter a lease renewal with Complainant on any terms.”

In February and March this year, Atlantic held “pre-Part 16 ‘meet and confer’
discussions, where the two parties discussed terms of a holdover agreement for
the Atlantic facilities. The city again increased Atlantic’s rent, this time by
80 percent to $40,000 per month, yet the city also refused to sign a new
holdover agreement, so Atlantic is still operating without any written
agreement.”

For Atlantic Aviation, not operating under a written lease or holdover
agreement “presents serious difficulties for complainant’s complex,
sophisticated business at SMO.” Atlantic is unable to plan future investments
or safety enhancements, and its 30 employees are suffering because they can’t
be sure of continued employment or whether they need to look for new jobs.

At the city council meeting on August 23, the city outlined its new FBO policy,
which “directed the city manager to serve complainant with a ‘notice to vacate’
by September 15, 2016, and directed the city manager to ‘take whatever steps he
deems appropriate for the city to offer some or all of the same aeronautical
services as were offered by complainant.'”

The complaint is asking the FAA to force the city of Santa Monica to fulfill
its obligations as owner of the airport, which under a recent FAA director’s
decision
https://www.ainonline.com/aviation-n...p-airport-open
the city must keep open until at least 2023. Another trial is expected next
year to address the issue of whether the city is obligated to keep the airport
open “in perpetuity,” as agreed to in a 1948 instrument of transfer agreement
with the federal government.

Meanwhile, Atlantic Aviation wants the the FAA to issue an order to re-enter
the holdover agreement with Atlantic; negotiate a longer-term lease of at least
three years at competitive market rates and without unfeasible fuel-type
restrictions; and maintain full FBO services at SMO without trying to limit
services to discourage pilots from using the airport.
---------------------------------------------------------------------------------

https://www.ainonline.com/aviation-n...p-airport-open

FAA Rules that Santa Monica Must Keep Airport Open
by Matt Thurber
- August 16, 2016, 10:16 AM
SMO
Santa Monica Airport gained a reprieve and must stay open until at least Aug.
27, 2023. (Photo: Matt Thurber/AIN)

The FAA associate administrator for airports yesterday affirmed an earlier
director’s determination that requires the city of Santa Monica, Calif., to
keep its airport (SMO) open until 2023. In a final decision and order, the
associate administrator responded to the city’s appeal of the Dec. 4, 2015
director’s determination, which found that the city was obligated by receipt of
grant funds to keep the Santa Monica Airport open at least until Aug. 27, 2023.
The city appealed that determination, and the FAA re-examined the record.
“Based on this re-examination,” the final decision and order noted, “the FAA
concludes that the director’s determination is supported by a preponderance of
reliable, probative and substantial evidence, and is consistent with applicable
law, precedent and FAA policy.”

This latest legal dispute centered on Airport Improvement Program (AIP) grant
funding that the city accepted on Aug. 27, 2003. This particular grant was an
amendment of an earlier grant first issued in 1994. AIPobligations generally
require maintaining the airport’s status quo for 20 years after receipt of
funds. The city’s leaders, who have unequivocally stated that they intend to
close SMO, hoped to shutter the airport last year because under an agreement
reached in 1984, the city had agreed to “operate and maintain SMO without
derogation of its use as a reliever airport until July 1, 2015.”

The legal move that led to the director’s determination, the appeal and
yesterday’s affirmation started with a Part 16 complaint filed by NBAA and
airport users such as actor and pilot Harrison Ford, Krueger Aviation, flight
school Justice Aviation (which has since closed under a settlement agreement
with the city), maintenance shop Kim Davidson Aviation, Aero Film, Wonderful
Citrus, which operates business aircraft into SMO, and local aircraft owners.

While the city of Santa Monica has kept its end of the agreement to continue
operating the airport, it has begun chipping away at some property, recently
removing 12 acres of ramp area, which it is converting into additional park
space. There are currently 312 aircraft based at SMO, including 16 jets, 13
turboprops, 11 helicopters and 272 piston airplanes.

In 2013, the city raised landing fees and also imposed them on based tenants.
The result has been a drop in piston airplane traffic, but jet traffic since
then has climbed. Looking at June 2013 and June 2016 numbers, piston operations
are down by about one-third, while jet operations climbed to 46 per day from
34. Overall operations are down, however, to 211 in June from 271 in June 2013.
------------------------------------------------------------------------------------

http://smdp.com/faa-opens-new-invest...rations/157735

FAA opens new investigation into Santa Monica Airport operations

By Matthew Hall on September 27, 2016 in Airport

The Federal Aviation Administration is investigating the City of Santa Monica
for actions the FAA believes might violate the law that requires City Hall to
keep the airport open.

The FAA sent a Notice of Investigation to Santa Monica on Sept. 26 with
accompanying subpoenas for city officials to provide testimony at the FAA’s
regional office on Oct. 12. The documents state the new investigation has been
expedited based on recent actions taken by City Council.

According to the documents, the FAA has initiated a new case (known as a Part
16 hearing) based on actions including the recent council resolution declaring
the city’s intent to close the airport on or before July 1, 2018, the adoption
of new leasing guidelines that have denied long-term leases to aviation tenants
and the city’s stated goal of phasing out leaded fuel sales as part of a
takeover of aviation services.

Santa Monica recently required two airport based companies (referred to as
Fixed Base Operations or FBOs) to vacate the airport to make way for new
city-operated services. The companies currently provide services such as fuel
sales and flight lessons. The FAA previously sent a letter to the City warning
of possible legal action based on the City’s stated intent to close the airport
and in the new filing, the FAA said it is expediting the new investigation as a
result of the ticking clock.

“Because the City’s Notices to Vacate require the two private FBOs to vacate
SMO within 30 days, or no later than Oct. 15, 2016, the Agency finds that
expedited handling of this matter is required. Accordingly, FAA has shortened
the response period and the City has ten days from the date of service of the
NOI to respond,” said the Notice of Investigation.

The usual response window is 30 days.

“As part of this investigation and under separate cover, FAA is issuing
subpoenas that require the City to provide detailed information, plans, and
assurances with respect to a number of issues, including but not limited to,
the City’s plan to replace the functions provided by the two private FBOs and
the City’s plans to provide fuel that can be used by all aircraft. No
extensions of time will be granted unless the City withdraws its Notices to
Vacate,” said the FAA letter.

The investigation will focus on the city’s obligations to the federal
government related to the acceptance of grant money.

Santa Monica has accepted money over the years for improvements at the airport.
Acceptance of grant money comes with a list of obligations and in a recent
ruling, the FAA said City Hall is required to operate the airport under those
assurances until 2023.

The grant assurances require the airport must be made available for public use
on reasonable terms and without discrimination. The FAA said that assurance
requires leases be offered for aeronautical activity. A municipality is allowed
to takeover airport services but the city-provided services must not
discriminate in a way that violates Grant Assurance and the FAA will examine if
any of the city’s proposals amount to discriminatory practices as many planes
still require leaded fuel.

In addition to requiring in person testimony, the FAA is also requiring
documentation related to 26 specific issues including plans to take over fuel
sales, information about flight instruction, documentation of maintenance and
safety protocols and proof of contracts to provide fuel sales.

Those documents are due to the FAA by Oct. 3.

In a written statement, Mayor Tony Vazquez said the new investigation will not
deter the city from moving forward with plans to close the airport.

“This is an overreach by the FAA,” he said. “Our priority is putting the
community first and exercising our rights as owner and operator of the airport.
Now the FAA is clearly on a fishing expedition to protect Washington special
interests who fear losing corporate profits. Despite the FAA’s efforts, we will
not falter on our commitment to safeguard our community from the negative
impacts of the airport until the courts make a final determination.”
------------------------------------------------------------------------------------

http://www.aero-news.net/index.cfm?d...b-95b1e0b33ad2

Thu, Sep 29, 2016
Santa Monica 'Starvation Strategy' To Get FAA Scrutiny
Also Warns Against Evicting Two FBOs On The Airport

The FAA will be taking a very close look at what is described as a "starvation
strategy" on the part of the City of Santa Monica as the city works to close
KSMO in two years.

FAA officials said in a letter to the city that they would be scrutinizing the
city's leasing policy at the airport that would sharply curtail jet fuel sales
at KSMO while a petition to close the airport proceeds through federal courts,
according to a report appearing in the Los Angeles Times. "These actions may be
causing, and appear intended to cause, impairment of the airport, including,
but not limited to, a ‘de facto’ closure of the airport in violation of
applicable law,” the agency said in its notification to the city, which has 10
days to respond to a federal subpoena for information and documents related to
the matter.

The agency also said that the city should stop eviction proceedings against
Atlantic Aviation and American Flyers, two FBOs on the airport, saying “The FAA
strongly recommends that the city withdraw the notices to vacate until such a
time as this matter can be resolved.”

Santa Monica Mayor Tony Vazquez called the FAA's actions an "overreach." He
said the FAA is "clearly on a fishing expedition to protect Washington special
interests who fear losing corporate profits.”

Dan Hopkins, vice president of the Santa Monica Airport Association, told the
paper that his group welcomes the FAA's probe into the city's management of the
airport.

The city wants to replace the fuel concession with a city-run operation that
would carry only unleaded aviation gas and biofuel rather than 100LL and
standard jet fuel. The FAA holds that such actions could possibly violate
multiple federal agreements that state the airport must remain open and
available to the public "on reasonable terms" without "unjust discrimination"
to all aircraft types and legitimate aeronautical
-----------------------------------------------------------------------------

http://www.latimes.com/local/califor...205-story.html

FAA says Santa Monica Airport must stay open until 2023

Santa Monica Airport

Dan WeikelDan Weikel

The Federal Aviation Administration ruled Friday that Santa Monica Airport must
stay open at least until 2023 — a decision that could frustrate the city's
efforts to reduce flight operations and then shut down the historic facility in
the near future.

Santa Monica elected officials and anti-airport activists insist that the
airport can be closed well before 2023 because, they say, all obligations to
the federal government already have expired. Some have even claimed it could
have been shuttered earlier this year, ending what they contend are the
airport's noise, pollution and safety hazards.
Santa Monica City Council revises lease terms for airport tenants
Santa Monica City Council revises lease terms for airport tenants

But the FAA's decision says that provisions of a $240,600 federal improvement
grant received by the city in 2003 require that the general aviation hub remain
open 20 years after accepting the money.

The ruling could set the stage for several rounds of appeals to the FAA as well
as federal lawsuits that could determine the fate of the airport, which was
once home to Douglas Aircraft Co. and used by the U.S. government during World
War II. Today, almost 270 civilian aircraft are based there, including those of
actors Harrison Ford and Tom Cruise. More than 300 takeoffs and landings take
place daily.

"I am gratified to hear the news. They ruled as I expected," said John Jerabek,
a board member of the Santa Monica Airport Assn., a group of pilots, airport
tenants and plane owners who want to keep the facility open. "It just shows
that the city has to keep the promises it has made to the nation after World
War II."

The decision stems from a complaint filed with the FAA in July 2014 by Ford,
other airport tenants and national aviation groups that want to keep the
airport open, such as the Aircraft Owners and Pilots Assn. and the National
Business Aviation Assn.

The group argued that the August 2003 grant extended the expiration date of a
previous grant from June 2014 to August 2023. Grant terms usually expire after
20 years.
See the most-read stories this hour

Their complaint set in motion an administrative process in which both sides
presented evidence to Byron K. Huffman, acting director of the FAA's Office of
Airport Compliance. The city now has 30 days to appeal Huffman's decision
within the FAA. Any final ruling by the agency can be appealed in federal
court.

The city contended that the grant requirements expired on June 29, 2014, 20
years after the original $1.6-million grant was received. In effect, the
additional $240,600 was simply an amendment to the original grant and did
impose any new terms, the city said.

Santa Monica Deputy City Atty. Ivan Campbell, who handles airport matters,
declined to comment on the decision, saying he has not yet met with city
officials to discuss the ruling or whether to appeal the decision.

Mayor Kevin McKeown said, however, that the ruling means the city must appeal
to the agency for additional hearings and endure more delays before "we can get
the matter fairly adjudicated outside of the FAA's own tightly controlled
administrative processes."

"Unending bureaucratic review is no answer to Santa Monica's immediate safety
and pollution concerns regarding the airport and the land we own," McKeown
added.

Attorney Richard Simon, who represents the airport tenants and national groups,
said the ruling could slow the city's so-called starvation strategy for the
airport that includes proposals to reduce the size of the runway, scale back
flight operations, limit fuel sales, eliminate flight schools and regulate
exhaust emissions from aircraft.

Proposed ballot measure to protect Santa Monica Airport challenged
http://www.latimes.com/local/lanow/l...509-story.html

"We will keep our eyes on this matter very, very closely," Simon said.

Frank Gruber, an anti-airport activist and advocate of turning the airport into
a park, said the ruling is not a setback for the effort to close the airport
but an important step to get the matter into federal court, where the dispute
can finally be resolved.

Huffman's decision also is a rejection of the positions of Reps. Ted Lieu
(D-Torrance) and Karen Bass (D-Los Angeles), who have been urging the FAA to
allow the city to shut down the airport.

"I am extremely disappointed the FAA decided to rule against the city of Santa
Monica," Lieu said. The grant "clearly stated that the city's obligations ended
20 years after the grant's enactment in 1994, meaning it should have expired in
2014. The FAA has overreached in forcing its will onto the city of Santa
Monica, and my constituents deserve better."
================================================== =================================
Ads
  #2  
Old October 8th 16, 08:38 PM posted to rec.aviation.piloting
external usenet poster
 
Posts: 162
Default FAA Hits SMO Evictions

On Monday, October 3, 2016 at 7:50:02 AM UTC-5, Larry Dighera wrote:
FAA Hits SMO Evictions

By Russ Niles

The FAA is demanding proof from the city of Santa Monica that it will be able
to legally and safely provide aviation services at Santa Monica Airport now
that it has evicted the FBO and flight school on the field. The agency has
subpoenaed the city to provide all the relevant documentation (certificates,
ratings and endorsements) of all the city employees who will allegedly be


Its cheaper for SM to pay back the chump change $250K FAA grant.
 




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