Palomar Airport: The County Dictionary?, Blog 82

Where do you go to know what a word means?  A dictionary seems a good choice.   

But when McClellan-Palomar (Palomar) Airport development is involved, Carlsbad and county (CC) make up their own definitions.  Three examples: “possession,” ”expansion,” and “general aviation basic transport?”

County Public Records Production:  Redefining “Possession”

I asked the county for the Kimley-Horn Records that support the Kimley 2013 Palomar runway extension study.  Dictionaries define the term ”Possession” as “owning or controlling something.”  The county–Kimley contract says that ”County may publish, disclose, distribute, and otherwise use, in whole or in part, any records, data, or any other materials prepared by consultant under this contract.”

How did the county reply?  County said it did not have Kimley working files to produce because Kimley, not the county, possessed the files.   Three months after the request, the county tried to rewrite the county–Kimley contract “possession” language and still refuses to produce the requested records despite the language quoted above.

Carlsbad Conditional Use Permit 172 Condition 8 and Carlsbad February 2014 General plan Update: Redefining “Expansion”

Carlsbad Conditional Use Permit (CUP) 172 regulates Palomar operations.  CUP 172, Condition 8, says the county must obtain a CUP amendment if it expands Palomar.

CC do not want to hold a public hearing on the proposed Palomar airport runway extension. They are concerned that an extension requires a CUP 172 amendment which could trigger a vote of the people under Carlsbad  municipal code section 21.53.015.

Accordingly, Carlsbad’s updated General Plan now circulating proposes to adopt a policy that Palomar projects are of concern only if there is a “geographic expansion” of the airport.  (See February 2014 Carlsbad general plan policy 2-P.37 at page 3.13.34 at page blank.)  Carlsbad is telling us that it does not consider a 900-footrunway extension an “expansion.

Of course, dictionaries define the term ”expansion” as including a change in the capacity of a facility. As the 2013 runway study trumpets, the whole purpose of the extension is to increase Palomar’s capacity to handle aircraft carrying 90% loads, not just 60% loads.   Similarly, Carlsbad ignores Public Utilities Code § 21664.5 in the state Aeronautics Act.  It expressly defines airport “expansions” as including runway extensions.

General Aviation Basic Transport

But the grandaddy dictionary redefinition occurred in April 2013.  The then Carlsbad city manager (CM) withdrew certain Carlsbad staff comments from the FAA related to the proposed operation of California Pacific Airlines at Palomar involving handling large commercial flight at a general aviation airport.  The CM said:  “The CUP terminology is now defunct.”

I didn’t know that low level politicians could not only throw away the dictionary but also an entire city ordinance.  

Expansion

Possession

Proper drafting: special terms.  Why dictionary definitions are important – 1979/1980 = 2nd runway and cnyong blocking and initiative