BURBANK CITY PLANNER CHALLENGES OPINION.

Byline: Lee Condon Staff Writer

Burbank Planning Board member Carolyn Berlin said Tuesday that she will seek a second opinion about whether she should resign from the panel because of a potential conflict of interest over Burbank Airport expansion.

Berlin said she has hired a law firm to study two recent opinions written by Burbank City Attorney Dennis Barlow, who said Berlin should quit or be removed from the Burbank Planning Board because she is married to a member of the airport governing board.

Berlin's husband, Philip, serves on the Burbank-Glendale-Pasadena Airport Authority, which has asked the Burbank Planning Board and the City Council to approve its expansion plans. Both Carolyn and Philip Berlin were appointed to serve in their respective positions by the Burbank City Council.

Barlow said in his opinion that the whole development agreement between the city and the airport could be invalidated if it is challenged because Carolyn Berlin is married to an airport commissioner.

``This issue has become larger than just Philip and I, but also impacts other married couples who choose to participate in government,'' Carolyn Berlin said in a statement explaining why she is challenging Barlow's opinion.

According to Barlow, the potential conflict arises because Carolyn Berlin is entitled to half the compensation her husband receives as an airport commissioner.

To solve that issue, Philip Berlin has directed the airport to stop paying him $200 a meeting and his $75 car allowance. However, Barlow subsequently released an opinion that it didn't matter, because Philip Berlin is still entitled to the money.

``Even with Philip no longer receiving compensation from the airport, the City Attorney maintains that Philip could start receiving compensation again so that changes nothing,'' Carolyn Berlin's statement says. ``Perhaps if we were considering a divorce, the fact that we could remarry wouldn't make a difference either.''

Set to celebrate their 21st anniversary next month, Carolyn Berlin said her marriage is better than ever and splitting up is not an option to save her Planning Board appointment.

Barlow said he is sorry that the Berlins are not satisfied with his opinion.

``I feel bad that someone in a volunteer position feels they have to spend money for a legal opinion,'' Barlow said.

Barlow said he is not certain there is a conflict for Carolyn Berlin, but the statute is so vague on the issue that he does not want the city to risk the validity of the airport development agreement, which is expected to be considered by the council in April 2000.

``In the statute, there is nothing directly on point that will give us an answer about whether there is a conflict,'' Barlow said. ``We're saying there is a risk and why should we take the risk.''