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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? 2 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: lim AGAINST: 3 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 0 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: 5 7f.. rmyw 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: i Sarah P. Gorman, City Clerk