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    News / Perspective

    Councilman Carroll Agendizes Two Airport Related Items:

  • Non-Binding Resolution Opposing Airport Expansion
  • Binding Charter Amendment Requiring Voter Approval To Modify LB Airport Noise Ordinance


    (November 28, 2003) -- 4th district Councilman Dennis Carroll has placed two Airport-related items on the December 2 City Council agenda...but the items indicate that "At the request of the Mayor, and due to the length of the agenda" both items will be continued to the next regular meeting of the City Council on December 16, 2003.

    • (1) A resolution expressing a city policy of "No Airport Expansion" beyond that provided for by the City's current Airport Noise Compatibility Ordinance" (text included).

      [Our view: This item would not legally bind current or future City Councils if a Council majority sought to neutralize it. Among other things, a majority of current or future Councilmembers could vote to change it or rescind it at a subsequent agendized Council meeting.

      Although the resolution doesn't provide legal guarantees, it may create a paradoxical political outcome for opponents of permanent Airport terminal facilities expansion. City Attorney Shannon has extemporaneously opined (during a City Hall produced talk show hosted by Councilman Carroll, separately reported by LBReport.com) that unless LB Airport's terminal is built out "to the extent that we accommodate the people that are authorized to come through our airport...the FAA is going to reexamine [LB's Airport Noise Compatibility Ordinance] and we're running the very severe risk, very significant risk, that either by way of litigation or by way of all of the enforcement activities that the FAA can take, we're going to lose this extremely important asset."

      Paragraph two of Councilman Carroll's proposed resolution recites, "That it shall be the policy of the City to at all times endeavor to maintain the City’s exempt status from the provisions of "ANCA," which continued exemption will permit local control of the Airport and will allow the City to continue to balance the interests of the neighborhoods impacted by Airport operations with the economic benefits created by the Airport and the convenience provided to the air traveling publics a potential issue with some of its language."

      We believe that from a political standpoint, supporters of permanent Airport terminal expansion could argue that paragraph two of the resolution, coupled with Mr. Shannon's view, means permanent Airport terminal expansion is consistent with -- and arguably compelled by -- a "no airport expansion" position.

      Yes, Councilmembers could make the same substantive argument without the resolution so the political scenario above is basically our speculation.

      And yes, paragraph two's verbiage is arguably protective of the Airport Noise Compatibility Ordinance within the context of the resolution by underscoring the city's fidelity to ANCA.]

    • (2) A proposed Charter Amendment (no text agendized by the Councilman) to require a vote of the people prior to any amendment to the city's Airport Noise Compatibility Ordinance

      [Our view: A City Charter amendment would, if placed on the ballot and approved by a majority of voters citywide, bind current and future City Councils. Councilman Carroll did not agendize text for his proposed Charter Amendment.

      Proposed Charter Amendments must first be heard by the Charter Amendment Committee...comprised of all members of the City Council. To be placed on an April 2004 city election ballot (in which voters in districts 2, 4, 6 and 8 will decide whether to reelect their incumbent Councilmembers), we estimate the Council would have to approve final Charter Amendment verbiage and put the item on the ballot no later than (rough estimate) sometime in January...subject to another limitation: we don't know if sufficient statutory time remains in which the City Clerk could call a special citywide election for April 2004. After mid-April 2004, Councilman Carroll will (if no 4th district runoff occurs) either be safely reelected or a lame duck.

    We post Councilman Carroll's agendizing memoranda in full below.


    AGENDA ITEM: Resolution Expressing a City Policy of "No Airport Expansion" Beyond That Provided for by the City’s Current Airport Noise Compatibility Ordinance

    BACKGROUND

    Controversy related to aircraft noise at the Airport has existed for more than 20 years. The City has consistently attempted to strike a balance between the concern for the quality of life in our neighborhoods with the recognition that the Airport is a significant economic asset of the City. The City has exercised its propriety powers to control aircraft noise by imposing some of the strictest flight and curfew limitations of any airport in the country. These restrictions are embodied in Chapter 16.43 of the Municipal Code, which contains the City’s "Airport Noise Compatibility" ordinance which was adopted after many years of contentious and divisive litigation. Recently, the FAA has acknowledged that the City is exempt from the provisions of the Airport Noise and Capacity Act of 1990 ("ANCA"), which provides further assurance that the City will be able to maintain local control over the workings of the Airport.

    The City’s adopted "Strategic Plan" recognizes the need to expand Airport business opportunities, but only within the context and limitations of the Airport Noise Compatibility ordinance. The Airport, which exists within a fully built out urban environment already bears a disproportionate share of the region’s air traffic. In order to maintain the quality of life that exists in our neighborhoods it is imperative that the City adopt a policy of "No Airport Expansion" beyond that provided for in the current "Noise Compatibility" ordinance. Such policy will help to protect and maintain local control of the Airport into the foreseeable future.

    ACTION REQUESTED

    Adopt a resolution establishing a policy of "No Airport Expansion" beyond that Provided for by the City's current Noise Compatibility Ordinance.

    [text]

    RESOLUTION NO. C-

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH SETTING FORTH AND ADOPTING A POLICY OF "NO AIRPORT EXPANSION" BEYOND THAT PROVIDED FOR BY THE PROVISIONS OF THE CITY’S CURRENT NOISE COMPATIBILITY ORDINANCE REGULATING AIR CARRIER TRAFFIC AT THE LONG BEACH MUNICIPAL AIRPORT

    The City Council of the City of Long Beach, California, does hereby resolve as follows:

    WHEREAS, the City is the owner, operator, and "proprietor" of the Long Beach Municipal Airport ("the Airport" or "LGB") which is located within the boundaries of the City and which is a public use neighborhood airport serving scheduled commercial users, general aviation users, the traveling public, manufacturers and other aviation uses; and

    WHEREAS, the Airport is located in proximity to residential neighborhoods of the City which are impacted by aircraft noise generated by aircraft operations at LGB; and

    WHEREAS, the City has over many years attempted to strike a balance between the concern for the quality of life in its neighborhoods and the recognition that the Airport is a significant asset to the economic base of the City; and

    WHEREAS, the City has exercised its propriety powers to control aircraft noise by imposing various aircraft operating restrictions on persons and entities using LGB for aircraft operations, which controls are currently implemented through the provisions of Chapter 16.43 of the Long Beach Municipal Code, which Chapter was enacted by the City in 1995 after many years of contentious and divisive litigation; and

    WHEREAS, the City is exempt from the provisions of the federal Airport Noise and Capacity Act of 1990 ("ANCA"), which exemption places the City amongst a very few other municipalities in the country which are able to exercise local control over aircraft curfews and the number of flights arriving or departing from the Airport; and

    WHEREAS, the "Strategic Plan" of the City of Long Beach recognizes the need to expand Airport business opportunities, but only within the context of the City’s current Airport Noise Compatibility Ordinance, and also whereas the Southern California Association of Governments ("SCAG") draft 2004 "Regional Transportation Plan" is calling for and projecting that in the year 2030 the City’s share of commercial passenger service not exceed 3.8 million annual passengers, which projection is in keeping with the restrictions imposed by the City’s current Noise Compatibility Ordinance; and

    WHEREAS, highly urbanized areas of the region such as the City of Long Beach, that operate in built out environments that are approaching or have already exceeded the capacity of their airport facilities currently bear a disproportionate share of the region’s air traffic which has, and continues to result in, adverse environmental and social impacts;

    NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:

    Section 1. That it shall be the policy of the City not to undertake any activity which will in any manner promote the expansion of the Long Beach Municipal Airport beyond the provisions of the City’s current Airport Noise Compatibility Ordinance which regulates air carrier traffic at the Long Beach Municipal Airport.

    Sec. 2. That it shall be the policy of the City to at all times endeavor to maintain the City’s exempt status from the provisions of “ANCA, which continued exemption will permit local control of the Airport and will allow the City to continue to balance the interests of the neighborhoods impacted by Airport operations with the economic benefits created by the Airport and the convenience provided to the air traveling public.

    Sec. 3. This resolution shall take effect immediately upon its adoption by the 3ty Council, and the City Clerk shall certify to the vote adopting this resolution. I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of ____________ 2003 by the following vote:

    Ayes:
    Noes:
    Absent:


    AGENDA ITEM: Proposed Charter Amendment to Require a Vote of the People Prior to Any Amendment to the City’s Airport Noise Compatibility Ordinance

    BACKGROUND

    Long Beach Airport is a neighborhood airport. The Long Beach City Council adopted the current "noise compatibility" ordinance in 1995. The provisions of this Ordinance are embodied in Chapter 16.43 of the Municipal Code. The ordinance attempts to balance the interests of the neighborhoods impacted by Airport operations with the economic benefits created by the Airport and the convenience provided to the air traveling public.

    The balance was struck through limiting the number of commercial air carrier operations permitted under the ordinance and establishing curfew hours for nighttime operations. These flight limitations and curfew hours are among the most restrictive of any airports in the U.S. The City recently secured acknowledgment from the Federal Aviation Administration ("FAA") that the City’s current ordinance enjoys a "grandfathered" exemption status under the 1990 Federal Air and Noise Capacity Act ("ANCA"). This could provide additional insurance that the City’s current ordinance will withstand possible future challenge by the airlines and the courts.

    As the number of flight operations approach their limits and considerations are being made for accommodations of maximum projected passengers, the City Council should reaffirm its commitment to the preservation and maintenance of our neighborhood airport. This should include amending the City Charter to require a vote of the people before permitting any change in the noise compatibility ordinance.

    ACTION REQUESTED

    Refer to charter amendment committee for consideration of proposed charter amendment.


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