SR-800-001 (2)
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CA 77-1G2RLK: ]ak
Councll Mtg: lQ~77
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_OCT ~ 0 ,~u.
Santa Non~ca, Callfornia
October 13, 1977
TO: Mayor and Clty Cauncll
FROM: City Attorney
SUBJECT: Attached Ordlnance of the Clty Cauncll of the
Clty of Santa Monlca Amendlng Artlcle X of
Chapter 1 of the Santa Monica Munlclpal Code
Introductlon
ThlS report transmlts the attached ordinance WhlCh
amends Article X of Chapter 1 of the Santa Monlca Municipal
Code, repeals Section 10100, adopts a new Section 10100, and
amends Sectlon 10134 in order to set forth the purposes
of sald artlcle to 11mlt the discretlon of the Airport Manager
for second readlng and adoptlon.
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Background
On October 11, 1977, the attached ordlnance with an
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emergency provlsion was glven a public hearlng and adopted.
A copy of the prevlous staff report 1S attached
for lnformation purposes.
Alternative Solutlons
Not applJ.cable.
Recommendat1on
It is respectfully recon~ended that the Clty Councll
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_OCT 2 5 1971
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introduce the ordlnance for second readlng and adopt the
same.
Prepared by:
Rlchard L. Knlckerbocker. Clty Attorney
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For Counc~l Mtg~O-ll-77
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Santa Monica, Cal1fornla
October 4, 1977
TO: Mayor and Clty Counc~l
FROM: C~ty Attorney
SUBJECT: Attached Ord~nance of the City Councll of the
City of Santa ~fonlca Amendlng Art1cle X of
Chapter 1 of the Santa Monlca Munlclpa1 Code
Introduct1on
The C~ty of Santa Monlca ~s currently ~nvolved 1n
l~tlgation wlth the Santa Monlca Airport Assoc1at1on w1th
regard to the valid1ty of varlOUS portlons of the Santa
Monica Alrport Ordlnance. Prevlously Sectlon 10134 of that
ordinance was declared lnvalld for provid~ng excesslvely
broad powers 1n the Alrport Manager. To moot the lssue
In the current l~tigatlon without changlng the substance
or the intent of the C1ty Councll the attached emergency
ordlnance and regular ord1nance are submltted to your
honorable body for approval.
Background
The a1rport ord~nance, In large part, was adopted
many, many years ago and contalned many unnecessarlly broad
prOV1S1ons. As a result, that ordinance lS unnecessar1ly
subJect to attack. The Santa Monlca A~rport Assoc~atlon has
taken advantage of some of the broader provls~ons and lS
ut1l1z1ng them In a Notlce of Motlon and Motlon for Partlal
Summary Judgment. It lS my oplnion that the posltlon of
the Clty can be conslderably butressed by the adoptlon of
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the attached amendments to the ordlnance.
The amendments do nothing more then set forth
the fact that the City of Santa Mon1ca 15 operatlng as a
proprletor of the alrport, is not operatlng and does not
lntend to operate ln any area pre-empted by federal or state
law, and 11ffilts the dlscretlon of the alrport manager In
denying the use of the airport to those sltuatlons where
dlscretion 15 necessary for the protectlon of publ1C health,
safety or welfare, where proprletary rlghts of the Clty are
vlolated or a vlolatlon is lmmlnent, and 11mlts the authorlty
of the Alrport Dlrector to deny access to employees of the
federal government to persons in the case of an emergency or
to users who are authorized by some superlor law.
Recommendatlon
It 1S the recommendat1on of the Clty Attorney that
the emergency ordlnance be adopted and that the accompanYlng
regular ordlnance be 1ntroduced for first reading.
Prepared by:
Richard L. Knickerbocker, Clty Attorney
Samuel I. Strelchman, Asslstant City Attorney
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ORDINANCE NO. _1070(CCS)
(Clty Council Series)
AN ORDINANCE OF THE CITY COm~CIL
OF THE CITY OF SANTA f.10N ICA AHENDING
ARTICLE X OF CHAPTER 1 OF THE SANTA
HONICA MUnICIPAL CODE, REPEALING
SECTION 10100, ADOPTING A NEW SECTION
10100, AND A~rnNDING SECTION 10134 IN
ORDER TO SET FORTH THE PURPOSES OF
SAID ARTICLE TO LIMIT THE DISCRETION
OF THE AIRPORT 11ANAGER.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS PULLm\TS:
SECTION 1.
Section 10100 of Chapter 1, Article
X, of the Santa 1'.Ionlca Munlclpal Code is hereby repealed In
its entirety.
SECTION 2.
A new Section 10100 lS hereby added
to read as follows:
Sectlon 10100. PURPOSES OF THIS ARTICLE.
This Article establlshes rules and regulatlons
governlng the use and operation of the Santa
Monica Munlclpal Airport to the full limit
of the authorlty WhlCh the Clty of Santa
Monlca possesses as the owner, operator, and
proprletor of sald alrport and as a charter
Clty operatlng under the Constitution of the
State of Californla and also to the full
extent otherwlse provided by law subJect to
the following standards:
A. The Santa Monica Municlpal Airport
shall be conducted as a publlC alrport facility
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subject to such lawful and valid limitations
as the Clty Council may impose by law. No
provlsion of this Artlcle shall encroach,
invade or inLerfere with any field within
the excluslve control of the Federal Government
or to the State of California. To this end,
any provislon WhlCh conflicts or is pre-empted
by any superior governmental enactment is
exempt from any of the provislons of this
Article_
B. Any provlslon set forth in this
Article is adopted freely and voluntarily
by the Clty of Santa Moncia without any
coercion, force, restrictlon, or restraint
by any governmental agency, enactment, or
otherwise. Use restrictions imposed herein
are imposed solely on the basis of the
proprletary power of the Clty of Santa Monica
and are not deemed an exerClse of the pollee
power, except when such restrictlons cannot
be validly exerclsed under the City's
proprietary power but could be exercised by
vlrtue of the police power or any other power
conferred upon a munlclpality. In which case,
such powers are exercised to the full extent
permltted by law.
c. There is no intent to Ilmit in any
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manner the powers of the City of Santa
Monica either as proprietor or as a governmental
agency w1th regard to the enforcement of any
provlsion of th1S law, or to create any rights
in any party other than the Clty or Santa
Monica. The provisions hereof are adopted
to prov1de for a util1zatlon of the airport
facility which 13 compatible with adjacent
residential, industrial, and commercial uses,
to provide a minimum of lnterference with
the peace and enJoyment of the citizens
surroundlng the airport, a minimum of
envlronmental damage, and a mlnim~m of noise
and air pollutlon commensurate with compatible
airport use. In interpretlng any of the
provisions hereof, the Airport Dlrector and
other employees of the City shall operate
reasonably and 1n conformity with the purposes
hereinabove set forth.
SECTION 3.
Sectlon 10134 of the Santa Monica
Municlpal Code is aMended to read as follows:
Section 10134. DISCRETION OF THE
AIRPORT DIRECTOR. The Airport Dlrector may
delay or restrict any flight or other operations
at the a1rport and may refuse take-off clearance
to any aircraft subJect to any limitations
provided by law and in accordance with the
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follow1ng standards:
1. D1scretion shall not be exercised
in any manner Wh1Ch conflicts \";1 th state or
federal law.
2. Discretion may only be exercised
where:
a) There 1S reason to bel1eve
that its exerC1se 15 necessary for. the
protectlon of public health, safety, or
welfare, or
b) There 1S reason to bel~eve
that an alrcraft v10lates in some manner
the proprietary rights of the City of Santa
Mon1ca as the ownerjproprletor of the Santa
Monica Municlpal Alrport, or
c) Where there is reason to believe
that a vlolatlon of any of the provisions of
this Article 1S imminent.
3. Noth1ng ln thlS section shall authorize
the A1rport Dlrector or any of his officers,
agents or employees to deny access to the
Santa Honica Nunic1pal Airport to employees
of the federal government, or to other persons
In the case of an emergency, or to those users
of the alrport who are authorlzed to use it
by law on any basls where pre-empt1ve rights
val1dly exist.
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SECTION 4.
Any provlsions of the Santa Monlca
MuniClpal Code, or appendlces thereto inconsistent herewith
to the extent of such inconsistencles and no further, are
hereby repealed or modlfled to that extent necessary to effect
the provis~ons of th~s ord1nance.
SECTION S.
If any sectlon, subsection, sentence,
clause, word, or phrase of th1s ord1nance 1S for any reason
held to be invalld, or unconstitutLonal by a declsion of any
court of competent jurlsdiction, such decision shall not
affect the validity of the remaining portions of the ordinance.
The C1ty Council hereby declares that it would have passed
thlS ordinance and each and every section, subsection,
sentence, clause, word, or phrase not declared invalid or
unconstitutional w1thout regard to whether any portion of
the ordlnance would be subsequently declared invalid or
unconstltutional.
SECTION 6.
The Mayor shall Slgn and the City
Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the 5an~ to be published once in
the official newspaper wlthln flfteen (IS) days after its
adopt~on. ThlS ordinance shall become effective lmmediately
upon its adoption, pursuant to Section 619 of the C~ty
Charter of the C~ty of Santa Monica.
ADOPTED this 25th
day of Octo~er '." 191Vl.
;, t~7'A'J/lfiu,~ g1,f7J/I~
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ATTEST:
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CITY ,Ct':ERK
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'STATL OF CALIFORNIA )
COUNTY OF LOS ANGELES) 55.
CITY OF SANTA MONICA )
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I do hereby certify that the foregoing ordinance
Counell on the ] 1 th day of
was duly and regularly lntroduced at a meeting of the City
, 1977; that
October
thereafter the sald ordlnauce was duly adopted at a meeting
October
, 1977,
of the City Council on the 25th day of
by the following vote of the CauDcll:
COUNCIL!>1E1-lBER: Bambrick, Cohen, Reed, Scott,
Trives, van den Steenhovcn,
Mayor Swink
AYES:
NOES:
COUNCILMEMBER: None
ABSENT:
COUNCIU1EHBER: None
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~PPR~YED AS ~p ~PfN:/
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_ CITY ATTORNEY'
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'! .cITY CLERK
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