SR-800-002-01 (6)
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AP:HED:mh Santa Monica. Callfornla
CLLY CouncIl MeeLlng 2/11/86
TO:
Mavor and CIty CounCIl
FROM:
AIrport CommIssIon
SUBJECT:
Recommendation of Airport CommlSSlon requestIng
CounCIl support of AB1801 (RobInson) Propo~al to LImit
AIrport CIVIl Llablllty and AB2419 (Eaves) Proposal to
Increase Jet Fuel Taxps
INTRODUCTION
ThIs report transmits the unanImous request of the AIrport
Comm] SSIon that the CIty CounCIl take a posIt1on In support of
two
bIlls
In
AB
1801
pendIng
the
State
legislature.
(Roblnson)Au'port CIVll LiabilIty and AB 241<:1 (Eaves) Jet Fuel
Taxes.
BACKGROUND
The legIslature is now enterIng the second year of Its two year
seSSIon.
There arp two aVIatIon rela~ed bIlls WhICh could
substant i a 11 Y Impact the CI ty and the Al rport. A summary and
analY~l~ of each follow:
o AB1801 IRobinson)-Clvll Llabilltv for AIroorts
ThIS bIll
would do the follow1ng thIngs'
(1) StIpulate that once CIVIl action determInes that
the operatIons of aIrcraft at a publIC alrport are
to-A
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a nuisance. then the nUIsance shall be deemed a
permanent nUIsance and not a contlnulng nUlsance.
(2) State that a new. separate, and dIstInct cause of
actIon shall eXlst for any substantIal Increase In
the nOlse enVIronment. In other words. If it gets
nOlSler around an alrport an aggrIeved CItIzen may
<:iue for damages.
( 3) ProvIde that any 1 nJured person may recover the
incremental change caused by any increase occurrIng
wlthln the applIcable period.
(4) State that no clalm for damages would have to be
flIed before the commencement of actIons against a
publIC alrport relatIng to nOIse or other adverse
envIronmental effects.
The bIll. by deemIng that noise is a permanent nUIsance
would reverse the Supreme Court rulIng In the recent Bak~r
v.
Burbank
case.
WhICh
found
that
aIrports
were
acontlnulng nUIsance
repeatedly regardless
nOIse. The Baker v.
and cou ld be sued con t 1 nua 11 y and
of the aIrport's attempts to abate
Burbank
rulIng Imposes an enormous
potentlal lIabIlIty for all CItIes W1th aIrports. Already
one $8 3 mIllion damage claIm has been flIed agaInst the
City of Santa MonIca for nUlsance. The AIrport CommIssIon
recommends that the CIty CounCIl formally support AB1801
and lnstruct staff to ask our Sacramento representatIve to
aSSIst WIth passage of th1s legIslatIon.
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o AB2419 (Eaves) Jet Fuel Taxes
ThlS bIll would increase the state tax on Jet fuel from .02
per gallon to .09 per gallon and would at the same tIme
repeal the sales tax on Jet fuel. The net result would be an
Increase In statewlde aIrport grant fundIng of over $2
mIlllon statewIde.
Santa MonIca AIrport has applIed for
fundIng for Its nOIse monitor from thIs program and can apply
for
fundIng
for
addItIonal
nOIse
program actlvtles or
proJect...
The AIrport CommissIon recommends that the Clty CounCIl
support AB241Q,
BUDGETARY/FISCAL IMPACT
There IS no budgetary/fIscal Impact from thIS actIon.
RECOMMENDATION
The AIrport CommIssIon recommends that the CIty CounCIl:
1) State Its formal support of ABIBOl and AB2419; and
Zl DIrect staff to request our Sacramento representatIve to
aSSIst WIth passage of thIS legIslatIon.
Prepared by: Hank DIttmar. CommIssIon Secretary
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