Time to Act on Burbank Airport Issue

More than 250 people crowded into the Autry Museum of Western Heritage auditorium recently to hear the representatives of the cities of Burbank, Glendale, Pasadena and Los Angeles, and the Airport Authority, plainly state their vision for the new airport terminal and to publicly comment.

State Sen. Betty Karnette (D-Long Beach), chair of the Senate Transportation Committee, and Assemblyman Tom Torlakson (D-Antioch), chair of the Assembly Transportation Committee, joined me on the panel to add their expertise and to become better informed on the significance of a growing statewide problem.

It may have been the first time all of these agencies sent representatives to speak directly on the issue; it was certainly one of the more clear discussions of the competing points of view.

Although the debate was sometimes contentious and neither side seemed eager to give any ground, there was--interwoven between competing versions of the history of the airport, litigation and negotiations--the outline of what I believe could be resolution of this protracted and expensive fight.

From the discussion at the airport summit, it was clear that much of the current impasse stems from differing views of whether a mandatory curfew can be obtained. Burbank officials represented that what they wanted was an agreement to vigorously pursue a mandatory curfew with the FAA, although they stopped short of saying they would support a settlement should one not be possible to obtain. The Airport Authority, for its part, said it would “not oppose” a mandatory curfew, but stopped short of saying it would agree to a mandatory curfew even if one were directly offered to them by the FAA.

Last year, Reps. Howard Berman (D-Mission Hills) and Brad Sherman (D-Sherman Oaks), concerned about airport noise over the Los Angeles communities they represent, invited FAA Chief Jane Garvey to Burbank to discuss a mandatory curfew, among other issues. Since that time, Rep. Berman has worked diligently behind the scenes to resolve the curfew issue, bringing to Garvey’s attention a little-known grandfather clause in the governing airport law that might allow the city of Burbank to impose a curfew without going through the normally time-consuming and oft-unsuccessful FAA process for a curfew.

Garvey is naturally reluctant to impose a top-down solution on this difficult local issue, although she has expressed a willingness to evaluate the matter. She must also be concerned of the precedential value that granting a curfew to Burbank would have when the same request is made to her from airport communities around the nation--as undoubtedly it will be if she grants one here.

This is where the beauty of the grandfather clause comes in: Under this clause, Garvey can find that Burbank, by virtue of its unique history, has the power to impose a curfew, while setting no precedent for other airports around the country.

If we are to get Garvey’s assistance, I believe we must do two things: First, we must stop castigating her for a natural reluctance to resolve what is essentially a local issue. Accusing her of having a lack of sensitivity to local concerns, or of doing an “about-face” is not the way to encourage anyone to assist in resolving the issue. And second, we must demonstrate that should we obtain a curfew under the grandfather clause, we can do the rest ourselves.

In light of the positions expressed at the summit, I believe we have a narrow window of opportunity to resolve the airport issue. It would require the parties to reach agreement on the size of the new terminal, the number of gates, noise budget and mitigation measures--under the assumption that Garvey would be willing to allow us to avail ourselves of the grandfather clause and obtain a mandatory curfew.

There are no guarantees, and I would not presume to speak for Garvey. But if local officials and the Airport Authority can agree on what a new terminal with a mandatory curfew should look like, and join me, Reps. Sherman, Berman and James Rogan (R-Glendale), and Assemblymen Scott Wildman (D-Los Angeles) and Jack Scott (D-Altadena), in a united front before the FAA--with the airport issue resolved and wanting only the granting of a mandatory curfew to cement the deal--the long nightmare might come to an end.

We would have a new and safer terminal, local residents could be assured of real limits on noise and traffic, and an issue that has poisoned the relationship between four cities and cost millions of dollars in legal fees would be resolved.

But the time to act is now--before Garvey makes a final determination of whether the grandfather clause applies to Burbank. She may grant it anyway, or she might deny it despite our best efforts. But one thing is clear: If we can present a united front--local, state and federal--we take control of our own destiny on the vexing airport issue and dramatically improve our chances of success.