VAN NUYS AIRPORT CITIZENS ADVISORY COUNCIL Tuesday, September 4, 2012 MINUTES

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1 VAN NUYS AIRPORT CITIZENS ADVISORY COUNCIL Tuesday, September 4, 2012 MINUTES A meeting of the Van Nuys Airport Citizens Advisory Council (CAC) was called to order at 7:05 p.m. by Ken Miller. Members present: Ken Miller, Cindy Goodfellow, Elliot Sanders, Don Schultz, Harold Sullivan, Ron Merkin, Roger Oeland, Wendy Saunders, David Rankell, Harold Lee, Wayne Williams, Gerald Silver, David Bernardoni, Faisal Gill, Roger Ortiz Members Absent: Laurence Rabe, Rick Flam, Bob Frazier All Council vacancies as of September 4, 2012 are filled. The minutes from the August 7, 2012 meeting were unanimously approved. 1.) STAFF REPORTS Mr. Romo distributed the VNY Year in Preview to the CAC members. (Attached) He stated the beautification projects are still ongoing. He stated the clean-up and maintenance of the Sherman Way tunnel falls under LA City Street Services jurisdiction. He stated LAWA has cameras that are deployed to help with graffiti abatement and that Airport Police coordinate with LAPD to stay ahead of that. LAWA staff also works closely with Lynda Levitan of Councilman Cardenas Office to help facilitate graffiti abatement. He stated the center island on Sherman Way is also in need of clean-up or replacement but LAWA cannot fund the clean-up because it is off Airport property. LAWA is trying to keep this area in mind but there are no funds in the LA City budget at this time to address the issue. A. Runway 16R updated rehab project presentation Discussion/Action Mr. Romo stated the bid period for the 16R rehab project closed on August 23 or 24 and four bids were received by LAWA and were posted on LABAVN. There is a review process and the bid is anticipated to be awarded at the October 15, 2012 BOAC Meeting, which will be held in Van Nuys. He handed out the list of the bidders and stated the bidders are as follows: Griffith Company $16,317,370 Excel Paving $14,682,365 Sully Miller $14,247,211 Security Paving $14,125,175 The actual award of the Grant for this project from the Federal Government will be awarded at the end of the month for up to $20 million and will be based on the lowest, responsible bidder. Ms. Margheritis made a Powerpoint presentation discussing the updated Runway 16R Rehabilitation project. (Attached) Mr. Silver asked what the driving force for the dates of this project was. Ms. Margheritis stated there were a lot of factors and weather was at the top of the list. Mr. Silver asked if load or demand were factors. 1

2 Ms. Margheritis stated in looking at peak traffic level there was no one month that stood out as being the busiest month but they did have information on what the busiest days of the week are LAWA and the consultants determined that July is the most appropriate month for this project. Mr. Miller asked on the days the runway is shortened what percentage of the aircraft will not be able to use the runway. Ms. Margheritis stated 95% of the jets will be able to use the shortened runway, however, there will be weight restrictions for larger aircraft such as BBJs. Mr. Romo stated it is never a good time to do a project like this but it had to be done and LAWA is working to get the word out to the public. Ms. Margheritis stated runway 16L could accommodate 40% of jet traffic. Mr. Romo stated he will be attending the NBAA Annual Conference at the end of October to share information regarding the 16R project. Mr. Merkin asked when a transient user files a flight plan, how do they find out about the closure. Mr. Miller stated a flight plan is not required and that it is the pilot s responsibility to find out about closures through NOTAMS before he/she flies to any airport. Mr. Romo stated NOTAMS are currently being issued for the night time closures. Mr. Williams asked what is in this bid as far as the depth and what is expected to be done. Mr. Romo stated the center portion of the project that will require the 10-day closure is a mill and overlay. In terms of the length, the vast majority will be heavy duty resurfacing. Certain areas at the north and south end are a combination of overlay and reconstruction since that is where most of the deterioration has occurred. 2.) REPORT FROM CHAIR Mr. Miller thanked everyone for the opportunity to serve as the CAC Chair. He apologized for not being as focused as he should have at the end of his tenure. He stated he was out of town when he received a call from Mr. Larry Feurhelm regarding an issue that was on the CAC agenda and he made some calls and people took action and was pleased to see the process does have some capabilities. He looks forward to the future of the CAC and VNY. 3.) BOAC AGENDA ITEMS CONCERNING VNY Mr. Romo went over the BOAC items pertaining to VNY from the August 20, 2012 Board Meeting. All the items are listed below: August 20, 2012 BOAC items: ITEM 4 - Join Los Angeles City Contract No with Southern Counties Oil Co., a California Limited Partnership, dba SC Fuels: For term of three (3) years, for purchase of unleaded fuel for Los Angeles World Airports, for total cost not to exceed $4,734,000 2

3 ITEM 5 - One (1)-year Lease from Mobile Relay Associates: Covering Mount Lukens and Sierra Peak radio repeater sites, including purchase and installation of equipment, to protect Los Angeles World Airports radio system frequencies, for cost not to exceed $55,660 ITEM 10 -Airport Facilities Use Terms and Conditions: For certain facility users at Van Nuys Airport ITEM 11 - Nantworks, LLC as a Reputable Lender: For the purpose of refinancing the existing first lien deed of trust loan for Aerolease Associates, LLC under Van Nuys Airport Lease No. VNA-8369 ITEM 12 - Second Amendment to Lease No. VNA-8535 with Syncro Aircraft Interiors, Inc. and Rental Rate: For land located at 7701 Wood ley Avenue at Van Nuys Airport with expected revenue of approximately $301,118 over the entire term ITEM 14 - Grant Application with the California Department of Transportation: And acceptance and execution of a Grant Agreement with said department, for an Airport Improvement Program Matching Grant for the Runway 16R134L Pavement Rehabilitation Project at Van Nuys Airport ITEM 16 - First Amendment to Contract No. DA-4380 with Enterprise Rent-A-Car Company of Los Angeles dba Enterprise Rideshare: To extend the term for twenty (20) months and additional amount not to exceed $1,275,000 funding for vanpool leasing and services for Los Angeles World Airports ITEM 17 - Join Los Angeles City Agreement No. C with Voyager Fleet Systems, Inc.: For three (3) years, for issuance of fleet fuel purchasing cards for Los Angeles World Airports, for cost not to exceed $2,300,000 Items 4, 5, 11, 12, 14, and 16 were approved. Items 10 and 17 were deferred. Mr. Romo stated the October 15, 2012 BOAC Meeting will be held in Van Nuys at the Van Nuys Civic Center. Mr. Romo also stated Ms. Debbie Bowers, Deputy Executive Director of LAWA Commercial Development will attend the October 2, 2012 CAC Meeting to brief the CAC on the UTC item number 10. Mr. Romo also stated in addition to the 90% Grant from the Federal Government for the 16R rehab project, they will also get a 5% Grant contribution from CalTrans. He stated 95% of the project will be funded by the Federal or State Government. Mr. Schultz thanked Mr. Romo for getting involved and speaking to LAWA staff about deferring the UTC item so the CAC could have time to discuss the item. Mr. Sanders asked if the remaining 5% of the 16R rehab project will get paid by LAWA tenants. Mr. Romo stated that is to be determined and he guessed it will be covered by LAX. Mr. Sanders asked when that decision will be made. Mr. Romo stated he will inquire and report back to the CAC. 3

4 4.) PUBLIC COMMENT NON-AGENDA ITEMS - Discussion Mr. Larry Feurhelm, Vice President of Air Center Aviation, thanked Mr. Miller, Mr. Sanders, and Mr. Romo in assisting to have the UTC item deferred on the BOAC Agenda. Mr. Feurhelm handed out a document regarding the UTC item to discuss with the CAC. (Attached) He asked the CAC to read the 33 page UTC document and that it only serves LAWA Management. Mr. Silver stated since the item is on the current CAC agenda, the CAC could discuss and make a decision on it. Mr. Miller stated at this stage we should just ask Mr. Feurhelm any questions we may have. Mr. Williams asked Mr. Feurhelm why he thinks this is happening. Mr. Feurhelm stated LAWA negotiated in good faith in 2002 to 2007 and LAWA presented them with a lease. He stated with the new Executive Director, everything changed. He stated he does not know why they don t want to give him a lease. He stated the property is right across the taxiway from the Jet Center that has been vacant for eight years and LAWA wants to attach his property to the Jet Center to give it to somebody as part of their strategic plan. Mr. Miller stated you had been presented a 30-year lease and it was not approved and at that time others were given long-term leases. Mr. Williams stated so to Mr. Feurhelm that he was discriminated against and it could be a legal matter with LAWA and the City of Los Angeles. Mr. Miller stated they should not be playing lawyer. Mr. Feurhelm stated absolutely to Mr. Williams and that they are being forced into legal matters. Mr. Feurhelm also stated they are on a month to month lease at this time because they are in a holdover. However, they have protection under California law and if LAWA wanted to get rid of them they would have to give them a 30-day notice. He stated they also have the ability to be heard by the courts since that is what a holdover lease gives them and the UTC takes this away from the tenant. Ms. Goodfellow asked Mr. Feurhelm if he could continue to operate on a month-to-month basis. Mr. Feurhelm stated yes they can but it is hard to keep the sub-tenants when they are on a month-tomonth lease. Mr. Robert Rodine, member of the public, referred to the August 2012 CAC minutes when Mr. Williams stated that helicopters are Stage 2 aircraft, and that is correct, but Mr. Williams also stated Stage 2 aircraft are being phased out but helicopters are not being phased out. Mr. Rodine stated the current phaseout ordinance that is in place is not exclusively directed at Stage 2 aircraft, it is sequential. It deals with aircraft that are three decibel increments over a period that ends Helicopters are not included in that because the phaseout is addressed to decibel levels and not stage classing. There is a common belief that Stage 2 aircraft are noisier aircraft. That is memorialized in some of the documentation that was used in the consultant study for the Stage 2 aircraft ban that was just enacted. There are Stage 3 aircraft that are far noisier than Stage 2 aircraft. A 747 goes out at 108 decibels and the Stage 2 class level goes up to 108 decibels. The reality is 4

5 stage classing is a function of not just the noise level of the aircraft but is also a function of the weight of the aircraft. This was done very deliberately by Congress when the Airport Noise and Capacity Act was enacted. Congress wanted to eliminate as much noise in communities as they possibly could without damaging the national airway system. The focus was to establish stage classing so heavier aircraft that carry more commerce could be noisier and thus be exempted from the restrictions. 93 decibels is the starting point for Stage 2 aircraft and 89 decibels is the upper end of Stage 3 aircraft. For example, a Cessna 500 Citation weighs 9900 lbs. and is a Stage 3 aircraft. Mr. Rodine did not have the decibel level but it is quite quiet. A Eurocopter Lakota UH72A with a military configuration is a helicopter designed not to be necessarily sensitive to noise because on the battlefield that issue is moot. It weighs 7903 lbs. and is clearly a Stage 2 aircraft. And not because of the decibel level exclusively but because of the weight. It s generating noise but weighs far less than one might expect and therefore is treated as being a noisier aircraft because it delivers payload per decibel. The same is true for a six passenger Eurocopter AS350B3, it weighs 5225 lbs. and is classified as a Stage 3 aircraft. At the noise level it goes out if it weighed more it would be a Stage 3 aircraft. If you look at helicopters in general as a family of aircraft, they weigh very little relative to what fixed wing aircraft weigh and that is the reason so many of them, actually all of them according to FAA Circular 36-3T. It says helicopters are Stage 2 aircraft but they are unique because they weigh very little and they make a moderate amount of noise but not nearly the sort of noise that a turbine aircraft might make at the same weight. This business of helicopters isn t just the slapping of the blades or the airframe going through the air or the noise of the engine. You can stand next to a lot of helicopters and not be in awe of the noise as you would be when standing next to a fixed wing aircraft. 5.) NEW BUSINESS A. AeroVironment Presentation Discussion/Action Mr. Miller stated there has been no response from AeroVironment and therefore this item will remain on the Agenda. B. Election of Officers Discussion/Action Mr. Miller asked for nominations for the Chair of the CAC. Mr. Rankell nominated Mr. Sanders and his nomination was seconded by Mr. Williams. Mr. Miller asked if there were any further nominations. There were no other nominations so the CAC voted. Fifteen CAC members were in favor of Mr. Sanders as the new Chair of the CAC. No members were opposed. Mr. Miller asked for nominations for the Co-Chair of the CAC. Mr. Rankell nominated Mr. Schultz and his nomination was seconded by Mr. Williams. Mr. Miller asked if there were any further nominations. There were no other nominations so the CAC voted. Fifteen CAC members were in favor of Mr. Schulz as the new Co-Chair of the CAC. No members were opposed. 6.) OLD BUSINESS A. Committee Reports Discussion/Action Mr. Sanders stated the CAC is still in full capacity and also that the Outreach Committee will be meeting soon. 5

6 1. Status of Prop Park Development Discussion/Action Mr. Steve Argubright of the Van Nuys Prop Park Project was present at the meeting to update the CAC on the status of the Prop Park. He stated they are currently working through the building department with a few struggles. He stated he hopes to start paving in October He stated they have identified all of their tenants and the next move is to find someone to move the hangars. Mr. Williams asked Mr. Argubright if they are still on the goal for three years from start to finish. Mr. Argubright stated yes they are. 2. Van Nuys Airport Facilities Use Terms and Conditions Discussion/Action Mr. Miller stated this item was deferred to the October 2012 BOAC Agenda and Ms. Debbie Bowers will present the item to the CAC at the October 2, 2012 Meeting. 7.) EMERGENCY ITEMS SINCE POSTING OF AGENDA Discussion/Action No items were discussed. 8.) ADVISORY COUNCIL MEMBERS COMMENTS NON-AGENDA ITEMS Mr. Oeland asked Mr. Miller if he will remain on the CAC. Mr. Miller stated he still intends to participate but as things come up he should be able to make a decision soon. Ms. Saunders thanked Mr. Miller for his service and congratulated Mr. Sanders and Mr. Schultz. Mr. Sanders thanked Mr. Miller for his service. Mr. Schultz thanked Mr. Miller for his service. Mr. Merkin thanked Mr. Miller for his service. He also added that at the FAA Helicopter Noise Hearing that was held last month the FAA was going to meet with the aviation community and Mr. Merkin stated they should find out what happened in this meeting. Ms. Goodfellow thanked Mr. Miller for his service and congratulated Mr. Sanders and Mr. Schultz. She also stated she wants to know more about the Brown Act and how CAC meetings are run. Mr. Silver stated they should take the time during a CAC meeting with a light agenda to discuss the Brown Act because this group falls under it. He stated the CAC has committees that are Ad-Hoc and agenda items. He stated they can t just bring up a subject and discuss and vote on it. Ms. Goodfellow stated she thought they were going to discuss the UTC item at this meeting. Mr. Miller stated the UTC item was deferred because they did not hear Ms. Bowers discussion on the item. He stated they are trying to be transparent to the public to give people the opportunity to join them. Mr. Silver stated there are both Civil and Criminal penalties for violating the Brown Act. Mr. Lee thanked Mr. Miller for his service. 6

7 Mr. Bernardoni thanked Mr. Miller for his service. Mr. Rankell thanked Mr. Miller for his service. Mr. Sullivan thanked Mr. Miller for his service. 9) ADJOURNMENT: 8:13 p.m. 7

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