"LAX directors' plan to begin makeover is challenged"

Friday, March 18, 2005

LAX directors' plan to begin makeover is challenged 
Vote set for Monday on starting work on a runway before getting federal
clearances draws concern from city of El Segundo.
By Ian Gregor 
The Torrance (CA) Daily Breeze


LAX directors are preparing to move forward next week with the first part of
the airport's $11 billion-plus modernization before obtaining federal
approval for the plan and before completing an environmental review of the
initial project.

An attorney representing the neighboring city of El Segundo says she
believes the move violates California environmental law. 
 
"It's highly unusual and suspect," said Christy Taylor, a partner in the San
Francisco-based law firm of Shute, Mihaly & Weinberger.

The Board of Airport Commissioners is scheduled to vote Monday on whether to
begin looking for companies to tackle the first LAX modernization project --
a $255 million renovation of the southern runway complex, which will include
shifting the southernmost runway 55 feet closer to the city of El Segundo.

LAX officials say it's important to move quickly on the project to cut the
chances of an airfield collision. No construction will begin until the
Federal Aviation Administration signs off on the LAX Master Plan and until
the airport completes the runway project's environmental review, according
to a report.

The FAA is scheduled to issue its decision on the LAX modernization by the
end of this month. The environmental review of the plan should be published
this spring, said Paul Haney, the airport department's deputy executive
director of communications. 

"The staff is seeking (airport commission) authorization to advertise for
bids because of the long lead time required for awarding construction
contracts and our desire to complete this critical safety project at the
earliest possible date," Haney said.

El Segundo Mayor Kelly McDowell said he is "extremely disappointed" with the
airport agency's move, which comes as representatives from his city are
negotiating with the city of Los Angeles over studying alternatives to the
runway shift.

"I guess this is L.A.'s way of telling us our talks are over," McDowell
said, adding that he plans to bring up the issue in a meeting this afternoon
with Los Angeles Mayor James Hahn.

Taylor said she's never seen an agency move forward with a public works
project before its environmental impact report is publicly circulated. The
report must analyze alternatives to a project and give people a certain
amount of time to comment on the various proposals.

"I think it's not what an agency's supposed to do" under the California
Environmental Quality Act, Taylor said. "It looks like they're trying to get
a jump on the project before they've done an EIR and that's what CEQA says
you can't do."

Haney said the proposal before the Board of Airport Commissioners does not
signal an end to negotiations with El Segundo.

"We remain open to talks resuming," Haney said.

Airport attorneys do not believe the agency is running afoul of CEQA because
no work will be done until the airport fulfills all legal requirements, he
said. Changes in the scope of the project resulting from the environmental
review can be addressed in change orders to the contract with the company
that's chosen to do the work, according to an airport department report.

"(We) simply ... wish to begin the time-consuming process of getting a
contractor on board to start the project as soon as practical," Haney said.

The runway is being moved south so that a centerline taxiway can be built
between the two parallel runways. This will eliminate the need for arriving
aircraft to cross the inner runway near the busy terminal area, where many
departing planes are in the middle of their takeoff rolls.

LAX led the nation in potentially deadly events known as runway incursions
in the late 1990s and posted high numbers in recent years as well.

The Los Angeles City Council approved a version of Hahn's LAX plan in
December that calls for about $3 billion in popular projects, including the
runway work, to be built relatively quickly. More controversial projects,
including the new airport entrance in the Manchester Square neighborhood,
would have to undergo additional studies before they could be built.

Several lawsuits have been filed against the LAX Master Plan, mostly
challenging its environmental review. The lawsuits ask that the airport be
barred from starting any modernization projects until the claims are
litigated.


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