Mark R. Madler
A new avenue to get a public vote on a proposed development agreement
on the Bob Hope Airport was cut off this week when a county judge
called the effort "premature."
Resident Howard Rothenbach, a critic of airport expansion, filed a
petition in Los Angeles County Superior Court to get a legal opinion
on whether Measure B would apply to the development agreement being
worked on by city staff.
Judge Dzintra Janavs said Tuesday that she needed to have an
approved agreement in front of her before she could make a decision
on whether Measure B applied, said Michael Bergfeld, the attorney for
Rothenbach.
What the airport wants to do with the purchase of an adjacent
parking lot is an expansion and does fall under Measure B, Rothenbach
explained.
"They ignore our request so we had to go with an authority they
respect," Rothenbach said.
Measure B is a law governing airport expansion approved by voters
in 2000 that would force any agreement between the city and airport
to go to a public vote.
Mayor Marsha Ramos said she didn't know how it would be possible
for the council to not have a discussion on Measure B.
In the meantime, however, it was still early to take that matter
on since the city hadn't even approved an agreement yet, she added.
"Until I know we are moving ahead with a development agreement, I
haven't entered the conversation on whether Measure B applies," Ramos
said.
Bergfeld also represents resident Mike Nolan in a lawsuit
challenging the city's hiring of Peter Kirsch, an out-of-state
attorney, to represent it in airport matters.
Whether a return to court is necessary lays in the city's court,
as it is up to the council to decide if any agreement goes to a vote.
The Burbank-Glendale- Pasadena Airport Authority approved Oct. 27
an agreement laying out cooperation between the city and airport on
noise mitigation; no new or expanded terminal for 10 years; no
expansion of the general aviation land-use area; allowing the airport
to purchase an adjacent parking lot; placing on hold the sale of the
B-6 trust property; and construction of a taxiway.
The agreement, however, also includes language for termina- ting
all or part of its provisions.
The council is not expected to vote on the agreement until
January. There are some provisions of the agreement council members
want to address and perhaps change.
