The last three blogs have shown that Carlsbad is making major Palomar Airport expansion policy decisions without public input. Without seemingly complying with the its City Charter, municipal code, planning laws, or the Brown Act.
How should Carlsbad have proceeded after it properly raised concerns about Palomar Airport expansion by its August 2012 comments on the FAA NEPA assessment related to larger planes carrying more Palomar passengers?
Define the Carlsbad City Council Palomar Airport Goal
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Carlsbad wants to grow. Build business. Help hotels. Fill its golf course. Tout tourism. The recurring question: How much growth is too much?
Perhaps the Carlsbad 1970s voter mandate to limit Palomar physical and passenger expansion should be defunct. Business will benefit though homeowners will suffer. As they have in Burbank, Long Beach, and Westchester [near LAX] and many smaller communities swallowed by airport expansion.
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But let the Carlsbad citizens decide. Hold workshops. Describe Palomar expansion plans. Make disclosures and be transparent. How will noise, traffic, air quality, and the community be impacted? Do business benefits outweigh community burdens?
Face the Tough Issues
The Carlsbad City Council has three dilemmas. First, City management is pro-business; limiting Palomar Airport growth conflicts with that stance and possibly voter wishes. Second, Carlsbad Muni Code §21.53.015 and Conditional Use Permit [CUP] 172 arguably constrain Palomar growth – and hence the Council pro-growth stance. Third, the County may be legally correct that – whatever the Carlsbad voters and city council want – a city can’t limit the growth of a regional Palomar Airport.
What should Carlsbad do and why?
The Action Plan
Once the Carlsbad council honors its fiduciary duty to enforce its municipal code, planning laws, the CUP and its Charter Section 300 mandate to involve Carlsbad citizens in the Palomar Airport decision, Carlsbad’s action plan is simple.
First, hold the above noted workshops and a council meeting devoted solely to the Palomar Airport expansion issue. Hold the meeting at a time convenient to interested Carsbad citizens. Send an informal ballot to Carlsbad residents soliciting their input. Determine what most Carlsbad residents want.
Second, file a declaratory relief court action to determine the extent to which the Carlsbad charter, municipal code, planning laws, and CUP 172 restrict Palomar expansion including restricting a runway extension beyond 4900 feet. What is a declaratory action?
Courts recognize that laws may require interpretation. Courts resolve the uncertainty by interpreting the uncertain provision. Carlsbad files a suit naming the County as the defendant. Carlsbad and the County each argue what the relevant Carlsbad provisions mean. The court declares the law’s meaning.
To expedite the process, Carlsbad and the County could hire three retired judges of the California courts of appeal. This practice is well recognized and referred to as “private judging.” Carlsbad and the County could agree the decision is final and binding. A decision could be in hand within 6 months and hence in time to be considered when the County decides whether to extend the Palomar Airport runway.
Why Should Carlsbad File the Declaratory Relief Action and Why Should the County Support It?
As will become clear in next week’s blog, the course that Carlsbad and the County have followed when Palomar expansion issues have arisen over the past 15 years has exposed Carlsbad and the County to substantial liability. A court’s declaratory action judgment will provide each guidance on how to proceed with Palomar expansion.
Why Could 2013/2014 Be Carlsbad’s Last Chance to Limit Palomar Airport Growth?
As discussed in Blog 20 on March 4, 2013, arguably the dangers presented by large planes operating near the Palomar landfills allows Carlsbad to legally object to such larger planes using Palomar – at least until the landfill problems are remediated, an expensive proposition. Once Palomar expands its runway from 4900 feet to 6000 feet or allows 1 million passengers per year rather than the current 100,000 per year, Carlsbad will simply become another serf community serving a regional airport’s demands.
