The Airport Terminal’s PR page is now up on the City of Burbank site. Here’s Question No. 1 from its FAQ:
Here’s what the law actually says:
2-3-112: AIRPORT AGREEMENTS:
No approval by the City of Burbank of any agreement between the City and the Burbank-Glendale-Pasadena Airport Authority for a relocated or expanded airport terminal project, or any other discretionary act by the City relating to the approval of a relocated or expanded airport terminal project shall be valid and effective unless previously approved by the voters voting at a City election. [Added by Ord. No. 3541 (Measure B approved by the voters on 11/7/00), eff. 5/24/00.]
As you can see, Measure B is not restricted to “City Council” approvals. In fact, its says nothing at all about the council’s role.
Instead, it specifically says “by the City.” The difference — and what’s being left out of this FAQ by design — is that BMC 2-3-112 also prevents staff members (or anyone else) from agreeing to anything on their own regarding the airport terminal project. In private negotiations, planning meetings, or whatnot.
Whether this makes any real difference or not, who knows? Why does the FAQ misstate what it does?
Albano has already magnified the council’s role under Measure B to allow them to engage in prior voting approval of the deal before it goes on the ballot. We saw that in November, and even Golonski said back then that the council members have no stated right to “approve” a terminal deal ahead of the voters. Just look at the last line in 2-3-112.
Everything has to be “previously approved” by the voters. That new FAQ though falsely memorializes this heightened, jump-the-gun role for them — which of course has no basis in Measure B.
Now if the city council does approve the deal before the voters do, and those same voters subsequently turn it down, how will the council’s official action be reversed? Measure B does not provide any mechanism to reverse a previous council decision. It’s not designed to serve as a public referendum on a previous council vote.
We’ve brought this up before. The council has no right to vote to approve the deal before the voters do. The voters don’t ratify or not ratify the council’s earlier decision about the terminal. That’s not Measure B.
Yet, this whole process is being framed exactly that way.