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Los Angeles County, CA November 4, 2014 Election
Measure D
Airport Operations
City of Santa Monica

Charter Amendment - Majority Approval Required

Fail: 10,288 / 41.19% Yes votes ...... 14,688 / 58.81% No votes

See Also: Index of all Measures

Results as of Nov 25 1:07pm, 100% of Precincts Reporting (55/55)
Information shown below: Impartial Analysis |

Shall the Santa Monica City Charter be amended to require the City to continue to operate the Santa Monica Airport in 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 support services to tenants and airport users that inhibit fuel sales or the full use of aviation facilities?

Impartial Analysis from City Attorney
BALLOT MEASURE AMENDING THE CITY CHARTER TO REQUIRE VOTER APPROVAL IN ORDER TO CLOSE ALL OR PART OF THE SANTA MONICA AIRPORT, CHANGE USE OF THE AIRPORT LAND, OR IMPOSE NEW RESTRICTIONS ON AVIATION SERVICES AT THE AIRPORT

This measure, placed on the ballot by a petition signed by the requisite number of voters, would add to the City Charter a requirement that voters approve certain potential City actions relating to the Santa Monica Airport. Voter approval would be required before a decision to close or partially close the Airport could become effective and before changing the use of the Airport land to non-aviation uses.

Also, unless the voters approved Airport closure, the City would be required to operate the Airport "in a manner that supported aviation purposes" and would be prohibited from imposing new restrictions on aviation services that would inhibit either the sale of aircraft fuel or the "full use" of aviation facilities.

The overall effect of this measure would be to reduce the City Council's authority over use of the Airport and of the Airport land that is now used for aviation purposes. The measure would take away from the City Council any ability to close or partially close the Airport or to change Airport land uses. Thus, the measure would insulate the Airport against closure or change by imposing a new requirement of voter approval, and it would protect aviation-related use of the Airport land until that requirement was fulfilled. Likewise, aviation services currently provided by private businesses at the Airport would be protected until after a vote to close the Airport.

The measure could limit the City Council's ability to address environmental concerns and adverse impacts of Airport operations for however long the Airport remains open. For example, the measure could preclude potential City efforts to reduce air pollution and related health concerns through new limitations upon the sale of aircraft fuel.

It is unclear whether the measure would interfere with the City's day to day Airport administration, including administration of Airport leases. If it limits City administration of the Airport, the measure could be legally invalid under the California Constitution, which prohibits initiatives on administrative matters. The voter-approval requirement of the measure may also be somewhat unclear; however, the term "voter approval" should be interpreted to mean approval by a simple majority of those actually voting. This interpretation appears in the City Attorney's impartial summary of the measure, which was not challenged; and the proponents have agreed in writing that they intend only to require a majority of those voting, rather than a majority of all registered voters.

The measure includes a retroactivity provision. It purports to make the measure's requirements of voter approval retroactive to March 27, 2014, when the proponents filed notice of their measure's circulation. This provision could nullify City Council decisions about the Airport made between the March filing and the general election in November. The measure also includes provisions on remedies, severance and competing measures and on the same ballot.

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