The council split 2-2 at the March 21 meeting with Mayor Stacey Murphy
and Councilman Bob Kramer -- the only council member to sign the
initiative petition -- supporting the move. Councilmen Dave Golonski and
David Laurell opposed putting the initiative to voters.
Both sides acknowledged that Wiggins, who couldn't be reached for
comment, would decide whether residents get a chance to vote on the
measure.
"I'm disappointed the votes weren't here tonight," Kramer said this
past Tuesday. "But maybe Mr. Wiggins will come through for us next week."
The initiative, authored by members of Restore Our Airport Rights,
would impose tough restrictions on any new terminal at Burbank Airport. A
terminal could not be built unless the airport secures a mandatory curfew
on flights at night.
Other provisions include tough fines for airlines that violate the
curfew, airport payments to Burbank and a cap on flights.
Some city officials have denounced the initiative as unrealistic and
sloppy, but an unofficial count shows that 7,400 registered voters have
signed their names to the proposal.
Kramer suggested the council consider acting on the ROAR petition
after City Clerk Judie Sarquiz rejected the signatures March 15 because
the petition didn't adequately state the names of its supporters.
Sarquiz, acting on advice from City Attorney Dennis Barlow, said the
petition didn't conform to the state election code.
ROAR co-founder and former City Councilman Ted McConkey has criticized
the city for turning his petition away. On Thursday, McConkey said Barlow
has been playing politics by labeling the measure unconstitutional
without pointing to specific provisions.
"Mr. Barlow is an attorney, not a judge," McConkey said. "What he is
doing is trying to influence the voters."
Golonski and Laurell said they oppose placing the measure on a ballot
because it is legally flawed and could open the door to lawsuits against
Burbank.
"There are items in the initiative that I am greatly concerned about,"
Laurell said.
Golonski, who negotiated the city's tentative terminal deal with
Murphy, proposed an alternative solution to the ROAR deadlock. Golonski
suggested the city craft a measure that would require public approval of
any new airline terminal.
It would resemble Measure F, recently passed in Orange County. That
initiative dealt a blow to plans for a regional airport at the former El
Toro Marine Base by requiring a two-thirds vote of the public on any
plan.
Golonski also responded to activists who say the city council has been
pushing its Aug. 4 Framework for Settlement on an unsympathetic public.
"That takes away the concern that the city council will try to ram
this down people's throats," Golonski said. "It would be a simple one to
support."
ROAR members acknowledged they were at the mercy of Wiggins, a
seasoned councilman elected in 1993.
"Sure, I have concerns," McConkey said. "But we don't have any control
over that."
Also on Tuesday, council members voted to ask State Attorney General
Bill Lockyer for a legal opinion on Sarquiz' decision and indicated they
want Barlow to begin a thorough analysis of the initiative.