CC RESOLUTION 4411RESOLUTION NO.4411
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL DECLARING ITS
INTENT TO FILE AN APPEAL OF THE APPROVAL OF THE LAX MASTER
PLAN TO THE LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION
The City Council of the City of El Segundo does hereby resolve as follows:
Section 1: The City Council finds and declares as follows:
A. On December 7, 2004, the Los Angeles City Council approved the Los Angeles
International Airport ( "LAX ") Master Plan, the LAX Plan, the Airport Layout Plan,
and Draft Relocation Plan, as well as associated General Plan Amendments,
Code Amendments, Zone Changes, and Tentative Tract Maps (collectively, "the
Project'), and certified the environmental impact report ( "EIR ") for the Project;
B. The Project calls for construction of massive new development at LAX, resulting
in substantial new airport facilities, runway improvements, transportation projects,
and related infrastructure improvements, with an estimated ultimate cost
exceeding $11 billion;
C. The City of Los Angeles has stated that the Master Plan will not serve more than
78.9 million annual passengers (MAP), which Los Angeles asserts is both the
existing capacity of LAX and the capacity of the airport after the completion of the
improvements called for in the Master Plan as adopted December 7, 2004;
D. During the nearly ten -year process of developing the Project, the City of El
Segundo has actively and continually participated in the airport planning process
and has expressed its concerns regarding the Master Plan process to both the
Los Angeles Board of Airport Commissioners and the Los Angeles City Council,
through formal comment letters, public testimony, and other communications. El
Segundo has, specifically, expressed its strong and ongoing concern that the
Project will result in an airport capacity far exceeding 78.9 MAP;
E. El Segundo has retained technical experts to assist in the analysis of airport
capacity and airport planning, and has made ongoing efforts to assist Los
Angeles to develop enforceable means of assuring that the capacity of LAX will
not exceed 78.9 MAP under the new LAX Master Plan;
F. Maintaining the capacity of LAX at 78.9 MAP is essential to encouraging and
fostering a coordinated regional planning approach for the future development of
the airports in the greater Los Angeles area;
G. During the ongoing planning effort that has resulted in the adoption of the LAX
Master Plan, the City of El Segundo has expressed concern, in comment letters,
public testimony, and other forms, that the EIR does not adequately disclose the
Project's environmental impacts or ensure their mitigation;
H. The City of Los Angeles has failed to respond to these environmental concerns in
a manner satisfactory to the City of El Segundo;
The City of Los Angeles' approval of the LAX Master Plan without adequate
assurance that it will not cause the airport's capacity to significantly exceed 78.9
MAP, and its failure to address substantial environmental issues, are significant
unresolved issues regarding airport planning between it and the City of El
Segundo and, therefore, represent an impasse under the Review Procedures of
the Los Angeles County Airport Land Use Commission ( "ALUC ");
J. Based on this impasse between the City of El Segundo and the City of Los
Angeles, the City of El Segundo has available to it a remedy under the
procedures of the Los Angeles County Airport Land Use Commission, to appeal
to the ALUC, for a determination of whether the Project is consistent with the
purposes of Article 3.5 of Chapter 4 of the State Aeronautics Act, as set forth in
Sections 21670, et seq. of the Public Utilities Code ( "the Aeronautics Act "). The
purposes of the Aeronautics Act include the orderly development of airports and
the protection of communities around airports from excessive noise and safety;
K. On August 26, 2004, the ALUC unanimously resolved that the Project is
inconsistent with the County Airport Land Use Plan due to the Project's creation
of additional noise and safety hazards;
L. Because the Master Plan as adopted fails to provide adequate assurances that
the airport's capacity will not exceed 78.9 MAP, fails to facilitate a regional airport
planning approach, and increases noise and safety hazards in communities
around the airport, including El Segundo, El Segundo has concluded that the
LAX Master Plan is inconsistent with the purposes of the Aeronautics Act, and
that an appeal to the ALUC is therefore appropriate.
Section 2: The City Council of the City of El Segundo hereby declares its intention to
appeal the approval by Los Angeles of the LAX Master Plan to the ALUC,
and accordingly authorizes its outside legal counsel to prepare such
appeal for submittal to the ALUC within 30 days of the December 7, 2004
action of the Los Angeles City Council.
Section 3: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of the City; and will
make a record of proceedings of the City Council in the Minutes of the
Meeting at which same is passed and adopted.
Section 4: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 21st day of December 2004.
Kelly Nk owLell,, Mayor
ATTEST:
�iM A40 61
Cindy rtesen, City Clerk