HomeMy WebLinkAboutMINUTES - 11031992 - 2.3 2. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 3 , 1992 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Restriction of Helicopter Training at Buchanan
Field Airport
IT IS BY THE BOARD ORDERED that the November 2, 1992 , report
from County Counsel regarding the restriction of helicopter training
at Buchanan Field Airport (copy attached) is hereby ACCEPTED.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the data shown. G
ATTESTED: � �z—ItW ✓, /�! ,
CC: Public Works Director PHIL BATCHELOR,Clerk of the Board
Airport Manager of Supervisors and County Administrator
County Counsel �f
By5�-- _..,�� 0�1'� ,Deputy
a. 3
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: November 2, 1992
To: Board of Supervisors
From: Victor J. Westman, County Coun
By: Sharon L. Anderson, Deputy County Counsel
Re: RESTRICTION OF HELICOPTER TRAINING AT BUCHANAN FIELD
SUMMARY
On October 6, 1992, the Board asked County Counsel to provide
a report at the November 3, 1992 meeting concerning the proposal to
impose a moratorium on helicopter flight training operations at
Buchanan Field Airport and the possible legal impacts such action
might have on the lease agreements at the airport.
A moratorium on helicopter flight training operations would
appear to constitute a breach of the Fixed Base Operator (FBO) lease
agreements at the airport and could subject the County to monetary
damages . In addition, such action may be in violation of federal
(FAA) law and regulations . We understand that the Airport Manager
has asked for a report from the Tower Chief at Buchanan Field on
various issues of potential concern to the Federal Aviation
Administration, but has not yet received a response.
DISCUSSION
The Airport Manager's Office indicates that the County, as
airport proprietor, has entered into leases with three Fixed Base
Operators who operate at four different lease sites at Buchanan Field
Airport. ' The leases are thirty to fifty years in duration, with the
last to expire in the year 2032 . All four leases contain a use
clause which permits flight training and schooling.
A County-imposed moratorium on any kind of flight training at
Buchanan Field Airport, including helicopter training operations ,
'Helicopter Adventures Inc . is not an airport FBO. It
operates pursuant to a license agreement with the County.
However, we have been advised that, prior to entering into this
agreement, Helicopter Adventures was a subtenant of one of the
airport FBOs .
Board of Supervisors 2 November 2, 1992
would appear to violate the FBO lease agreements . In response to
such a violation, the FBOs could sue and probably recover monetary
damages from the County for the County' s breach of their lease
agreements .
A moratorium on helicopter training flights would probably
also violate of federal laws and regulations . The federal government
has preempted the field of "airspace management. " City of Burbank v.
Lockheed Air Terminal Inc. ( 1973) 411 U.S. 624, 627, 93 S.Ct. 1854,
36 L.Ed. 2d 547 . The responsibility and liability for telling pilots
how to fly their aircraft rests with the FAA. Airport proprietors
and local public entities are prohibited from regulating aircraft in
flight. Greater Winchester Homeowners Assn. v. City of Los Angeles
( 1979 ) 26 Cal . 3d 86 , 94 . An attempt by the County to ban flight
training operations (i.e. , to regulate how or why pilots may fly
their aircraft) would appear to violate the federal preemption of
this area.
Airport proprietors retain responsibility for the proper
construction, operation and maintenance of ground facilities . See
Griggs v. Allegheny County ( 1962) 369 U.S. 84; Baker v. Burbank-
Glendale-Pasadena Airport Authority ( 1985) 39 Cal . 3d 862, 876;
Government Code section 50474 ( f ) . As such, they do have some ability
to impose airport use restrictions, but only to the extent that they
are reasonable, nondiscriminatory and do not interfere with
interstate commerce. Andrews v. County of Orange ( 1982) 130
Cal .App. 3d 944 , 963 . As the Aviation Advisory Committee (AAC)
report of October 22, 1992 indicates, a moratorium on helicopters or
helicopter training activities would almost certainly be deemed
discriminatory by the FAA.2
As the AAC also notes, any action of the County found by the
FAA to be discriminatory would violate the County' s grant agreements
with the FAA. Such a violation could result in the termination
and/or rescission of federal aid at both the Buchanan Field and Byron
airports . We are advised that airport projects, including the
development of the Byron airport, are funded primarily with FAA
monies .
As we indicated above, the Airport Manager is awaiting a
response from the FAA on a number of the issues presented by the
2The AAC attached to its report correspondence indicating
that, effective September 2, 1992, the Nut Tree Airport imposed a
policy prohibiting helicopter touch-and-go operations . The
policy was immediately withdrawn, on October 8,' 1992 , after the
airport was informed by the FAA that the policy was not
permitted, presumably because it constituted unjust
discrimination.
Board of Supervisors 3 November 2, 1992
proposed moratorium on helicopter training activities at Buchanan
Field. We intend to review the FAA's report and will be' available to
provide the Board with whatever further evaluation or clarification
of these issues you require.
SLA:la
CC. J. Michael Walford, Public Works Director
Attn: Harold E. Wight, Manager of Airports
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650.02