SUBJECT: APPROVAL OF ACM AVIATION LLC GROUND LEASE
COUNCIL DISTRICT: City-Wide
On March 27, 2003 the Director of Aviation deferred this item on the City Council Agenda due to three recent curfew intrusions by an ACM Aviation, LLC (ACM) managed aircraft. This addendum is submitted to explain the events and the subsequent actions by ACM and the Airport Department.
ACM and Mineta San Jose International Airport have been in negotiations for the past two years for the construction and operation of a new Fixed Based Operation on the southwest side of Mineta San Jose International Airport. The last nine months of the negotiations concentrated on the Airport Noise Control Program compliance language. On March 17, 2003 and twice on March 19, 2003, a Global Express Aircraft, N616DC managed by ACM flew during the Time of Day Restricted Hours (Curfew). The Airport Noise Monitoring Center identified the operations and initiated the curfew process as required by the Curfew Monitoring Program. Since lease negotiations were ongoing, and the lease approval request was already scheduled on the City Council Agenda, the curfew action was reported to the Airport Properties Section to notify ACM of the action underway. Upon notification of the action, ACM immediately faxed a Supplemental Type Certificate (STC) showing a modification to the aircraft that allowed it to operate under the 75,000 lbs Maximum Gross Takeoff Weight (MTOW). The presentation of this document and the suggestion by ACM staff that their aircraft was operating in compliance with the Airport Noise Control Program (ANCP) prompted an immediate meeting. Upon notification, the Director of Aviation pulled the item from the City Council agenda pending an investigation. Additionally, the Deputy City Attorney was informed of the subsequent actions.
On March 28, 2003 a meeting was held in the Airport Offices with the CEO and President of ACM Aviation, LLC, Jack Browning, the Manager of Line Operations, Tim Murray and ACM’s Chief Pilot, Gary Tongate. Airport Staff consisted of Ms. Jane Swift, Supervising Property Manager, Jaime M. Locquiao, Airport Noise Abatement Manager and Ken Betts, Curfew Monitoring Program Manager.
In the discussion, ACM’s representatives explained their understanding of the Airport Noise Control Program and their reason for operating during the curfew. Their main argument indicated that since they possessed the STC for that aircraft to operate under the 75,000 lbs MTOW, they were in-compliance with the ANCP. Airport Staff explained the Airport Noise Control Program parameters advising ACM that the STC they presented was not accepted under the ANCP and only the original manufactured MTOW is acceptable for the program. Airport Staff explained the gravity of the situation and how this action could jeopardize the approval of their new southwest side lease. A first strike letter was presented during the meeting and they were notified that a second strike letter was being issued. Airport staff also informed ACM of the Directors’ action.
Upon notification that the ACM aircraft was not in compliance with the ANCP, ACM representatives suggested actions they would take to comply with the ANCP:
ACM staff emphatically stated they have been supporters of the ANCP and continue to be “good neighbors” in the community as well as “good tenants” of the airport. Previous records indicate ACM has operate only once during the curfew since the implementation of the current program.
RALPH G. TONSETH
Director of Aviation
Airport Department