R10828City Council Meeting: July 22, 2014 Santa Monica, California
RESOLUTION NUMBER 10828 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS AN INITIATIVE MEASURE TO AMEND THE CITY
CHARTER TO REQUIRE VOTER APPPROVAL IN ORDER TO CLOSE ALL OR PART
OF THE SANTA MONICA AIRPORT, TO CHANGE USE OF THE AIRPORT LAND, OR
TO IMPOSE NEW RESTRICTIONS ON AVIATION FUEL SALES OR ON THE USE OF
AVIATION FACILITIES
WHEREAS, an initiative measure concerning Santa Monica Airport has been
circulated among the registered voters of the City of Santa Monica; and
WHEREAS, the initiative measure would amend the City Charter by adding a new
Section 640 to the City Charter; and
WHEREAS, the initiative measure would, among other things, require voter
approval to close all or part of the Santa Monica Airport, to change use of the Airport
land, or to impose new restrictions on aircraft fuel sales or the use of aviation facilities;
and
WHEREAS, the initiative measure has been certified as being signed by a
sufficient number of registered voters so that the initiative measure qualifies to be
placed on the ballot at the General Municipal Election to be held on November 4, 2014,
in accordance with Elections Code section 9255(c)(1).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. A General Municipal Election has been called for on November 4,
2014 for the purpose, among other things, of electing City Council members and
submitting measures and ballot propositions to the voters.
SECTION 2. At the General Municipal Election called for November 4, 2014, the
following initiative measure to amend the City of Santa Monica City Charter shall be
submitted to the qualified electors of the City of Santa Monica:
City Charter be amended to require the City to
continue to operate the Santa Monica Airport in Yes
a manner that supports its aviation uses unless
the voters approve the Airport's closure or
change in use, and until that voter approval
occurs, the City shall be prohibited from
imposing additional restrictions on aviation No
support services to tenants and airport users
that inhibit fuel sales or the full use of aviation
facilities?
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SECTION 3. That the City of Santa Monica recognizes that additional costs may
be incurred by the County by reason of the addition of this measure to the ballot and
agrees to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance
with Elections Code Section 9280, a copy of this initiative measure. The City Attorney
shall prepare an impartial analysis of the initiative measure, which analysis shall not
exceed 500 words in length. The impartial analysis shall be filed by the date set by the
City Clerk for the filing of primary arguments. In accordance with Santa Monica
Municipal Code section 11.04.190 and California Elections Code Section 9295, not less
than 10 calendar days before the City Clerk submits the official election materials for
printing, the City Clerk shall make a copy of all applicable elections' materials available
for public examination in the City Clerk's Office.
SECTION 5. The City Council authorizes its members, as follows, to file written
arguments for and against the measures:
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AGAINST:
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All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the arguments as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City
Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the initiative measure,
together with the City Attorney's impartial analysis, and any arguments for or against the
measure, as well as any rebuttal, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required by law, the City Clerk, not
less than forty (40) days and not more than sixty (60) days before the General Municipal
Election, shall cause the text of the initiative measure to be published once in the official
newspaper and in each edition thereof during the day of publication. The City Clerk is
authorized to give such notices and to fix such times and dates as are required by law
or which are appropriate to conduct the election properly.
SECTION 7. The provisions of Resolution Numbers 10810 (CCS), 10811 (CCS),
10812 (CCS), and 10813 (CCS) are referred to and incorporated into this Resolution.
Those Resolutions provide necessary particulars concerning the General Municipal
Election to be held on November 4, 2014 and among other things, deal with the placing
on the ballot of this and other measures as well as the conduct, consolidation and
coordination of the General Municipal Election with the General Statewide Election,
which will also be conducted on November 4, 2014. In all respects, the election shall be
held and conducted as provided for by applicable law, including but not limited to the
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above referenced Resolutions. The City Clerk is authorized and directed to procure and
furnish any official ballots, notices, printed materials and all supplies or equipment that
may be necessary in order to properly and lawfully conduct the election.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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VOTER APPROVAL REQUIRED BEFORE CITY CAN REDEVELOP AIRPORT LAND
Section 1. Preamble
WHEREAS, Santa Monica Airport land is a low - density land use that benefits the entire City
of Santa Monica; and
WHEREAS, the City of Santa Monica has engaged in costly and unsuccessful litigation and
has sought to close the airport to redevelop the land for other purposes; and
WHEREAS, City staff reports indicate that redevelopment of the airport land will likely result
in high- density development causing increased traffic congestion, noise and pollution; and
WHEREAS, recent approval by the City of large, high- density developments has shown a
disregard for the concerns expressed by nearby residents and ignored the will of the people of
Santa Monica to prevent excessive development; and
WHEREAS, the City has made threats to close local businesses based at the airport and nearby
business park that provide jobs for people, facilities for local businesses and tax revenue for the
community; and
WHEREAS, the City has taken actions to harm local aviation related businesses as part of an
effort to destabilize the airport; and
WHEREAS, the City has taken actions to reduce the services and facilities available to the
airport and its users in an apparent attempt to achieve closure or partial closure of the airport;
and
WHEREAS, the City of Santa Monica has exposed taxpayers to costly litigation with the
federal government and to potential payment of legal damages to airport businesses harmed by
their actions; and
WHEREAS, the Santa Monica Airport has already instituted rules that restrict noise, operating
hours and type of aircraft using the airport in order to be a better neighbor; and
WHEREAS, the City has failed to consider the wishes of the entire community by
collaborating with a small group of special interests who seek airport closure;
NOW THEREFORE, the voters of the City of Santa Monica shall have a right to express their
views before the City of Santa Monica takes any action to redevelop Airport land.
Section 2. The following shall be added to Article VI of the Santa Monica City Charter:
640. People's Right to Vote.
(a) Voter approval shall be required before any City decision becomes effective that
changes the use of land currently used for the Santa Monica Municipal Airport and
related aviation services to non - aviation purposes, or that closes or partially closes
Santa Monica Municipal Airport. The term "voter approval" means a majority of the
voters of the City voting "yes" on a ballot measure approving such a change at a
general municipal election.
(b) Unless the voters have approved the closure of the airport pursuant to paragraph (a)
of this section, and such decision has become effective, the City shall continue to
operate the Santa Monica Municipal Airport in a manner that supports its aviation
purposes, and shall not impose additional restrictions on providers of aviation support
services to tenants and airport users that inhibit the sale of fuel or the full use of
aviation facilities.
Section 3. Any City decision that would require voter approval under this Charter Amendment
and that is made on or after the date of the filing with the City Clerk of the Notice of Intent to
Circulate this Charter Amendment shall have no effect until such decision receives voter
approval pursuant to Section 2 of this Charter Amendment.
Section 4. Any person with a beneficial interest in the operation of Santa Monica Municipal
Airport shall have standing to enforce any provision of this Charter Amendment in a court of
competent jurisdiction. In addition to any other persons, the proponents of this Charter
Amendment shall have standing in California and Federal Courts, to defend this measure from
all challenges to its validity or enforceability.
Section 5. If any portion of this Charter Amendment is declared invalid by a court of law or
other legal body with applicable authority, the invalidity shall not affect or prohibit the force
and effect of any other provision or application of the Charter Amendment that is not deemed
invalid. The voters of the City hereby declare that they would have circulated for qualification
and/or adopted this Charter Amendment and each portion thereof regardless of the fact that any
portion of the Charter Amendment may be subsequently deemed invalid.
Section 6. If another Charter Amendment is placed on the same ballot. as this Charter
Amendment and is related to the same subject matter, and if both Charter Amendments pass,
the voters intend that both Charter Amendments shall be put into effect, except to the extent
that specific provisions of the Charter Amendments are in conflict, In the event of a conflict,
the Charter Amendment which obtained more votes will control as to the conflicting provisions
only. The voters expressly declare this to be their intent, regardless of any contrary language in
any other Charter Amendment.
Adopted and approved this 22nd day of July, 2014.
am O'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10828 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 22nd day of July, 2014, by the following vote:
AYES: Councilmembers: Davis, McKeown, Vazquez, Holbrook
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: Councilmember: None
ABSENT: Councilmember: Winterer
ATTEST:
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Sarah P. Gorman, City Clerk