HomeMy WebLinkAbout2014-06-23 Ordinance 5260Ordinance No. 5260
Ordinance of the Council of the City of Palo Alto
Authorizing the Operation, Management and Control of the Palo Alto Airport
By the City of Palo Alto and Amending Section 2.08.190 of Chapter 2.08 of
Title 2 of the Palo Alto Municipal Code to Add the Palo Alto Airport to the
· Duties of the Director of Public Works
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings.
(A) The Palo Alto Historical Society reports in PALO ALTO A Centennial History
(1993), at 161-163, that a municipal airport has existed in Palo Alto since the early 1930s. Its
operation as a municipal airport was suspended during World War II. A part of the airport then
was located in San Mateo County. In 1946, the airport opened with two runways, but, by the
early 1950s, one of two runways was relocated to make room for the Palo Alto Municipal Golf
Course. Since 1963, the airport has operated wholly within Santa Clara County. Since 1967,
federal air controllers have operated at the airport.
(B) Palo Alto Airport ("PAO") is located at 1925 Embarcadero Road, Palo Alto,
County of Santa Clara, State of California; it has a bearing of Latitude: 3r 271 40" N and
Longitude: 122° 061 54" W. PAO is approved for day and night use. Runway 13/31 is 2,443 feet
in length; left traffic is assigned to Runway 13 and right traffic is assigned to Runway 31.
(C) Pursuant to California Public Utilities Code Section 21662, the State of California,
Department of Transportation, Division of Aeronautics, has issued an Airport Permit for a
Public-Use Airport for PAO (the "Permit"). The Permit identifies the City of Palo Alto (the
"City") as the owner of PAO and the County of Santa Clara (the "County") as the operator of
PAO. PAO is maintained in accordance with Title 21, Sections 3525 through 3560 of the
California Code of Regulations.
(D) Pursuant to California Constitution Article 11, Sections 5, 7 and 9, and California
Government Code Sections 50001 and 50470 through 50485.14, the City, as a chartered city
and a local agency, is empowered to use land that it owns as a site for an airport. That includes,
without limitation, the power and right to construct improvements, incur and issue debt, levy
taxes, permit rental car agencies and aircraft maintenance on-site, grant leases and licenses to
the State of California and the United States of America, and in the interest of the public health,
safety and welfare, regulate airport hazards and adopt airport zoning regulations, in the
ownership, operation, management and control of an airport.
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(E) Pursuant to Article II of the Charter of the City of Palo Alto, the government of
the City of Palo Alto has and may exercise all powers necessary and appropriate to a municipal
corporation which are not prohibited by the California Constitution. This power includes the
power and right to operate a municipal airport.
(F) Pursuant to Palo Alto Municipal Code ("PAMC") Section 2.08.050(a), the City
Manager is authorized to adopt rules and regulations regarding the public's use of any city-
owned real property, building; structure or facility. Pursuant to PAMC Section 2.08.190(a)(1)
the director of public works-city engineer is responsible for the construction, maintenance and
repair, and improvement of all city facilities and property owned or operated by the City.
Under both of these PAMC provisions, the City is authorized to own, operate, manage and
control a municipal airport.
(G) In 1967, the City, as landlord, and the County, as tenant, entered into a ground
lease of PAO (the "Lease"). The City and the County (the "Parties") intend to early terminate
the Lease in order that the City may assume sole operation, management and control of PAO.
To effectuate that purpose, the Parties will enter into a Termination, Assignment and
Assumption Agreement and several other contracts that will effectively transfer the operation,
management and control of PAO from the County to the City between August 2014 and
December 2014 (the "Effective Transfer Date").
(H) The operation of PAO as a public airport requires co~pliance with federal, state,
and local laws, rules, regulations, policies, assurances, terms and conditions. The City
recognizes that its ability to regulate operations at PAO is significantly limited by federal law,
including, without limitation, by the provisions of 49 U.S.C. sections 40101 through 46507, 14
C.F.R. part 16 et seq. and the orders of the Federal Aviation Administration ("FAA").
(I) In assuming operation, management and control of PAO, the City is required to
comply with all applicable federal, state and local laws, rules, regulations, policies, assurances,
terms and conditions in exercising the operation and management of PAO, including, without
limitation, awarding contracts, leases and licenses and issuing permits on a nondiscriminatory
basis.
SECTION 2. The Council of the City of Palo Alto hereby declares that the City of Palo
Alto, California has the legal authority under California law, the Charter of the City of Palo Alto,
and the Palo Alto Municipal Code to own, operate, manage, control, plan, design, construct,
maintain, repair and improve a municipal airport, including the Palo Alto airport. The Council
hereby authorizes the City Manager and his designee, the Director of Public Works or his
designee, the Airport Division manager, to assume and undertake the full and complete
operation, management and control of PAO promptly upon the Effective Transfer Date in
accordance with applicable federal, state and local laws, rules, regulations, policies, assurances,
terms and conditions.
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SECTION 3. Section 2.08.190 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code is
amended to read, as follows:
2.08.190 Department of Public Works.
(a) The department of public works shall be under the direction of the director of
public works-city engineer, who shall be accountable to the city manager. The duties of the
director of public works shall be as follows:
{1) To be responsible for the planning, design, construction, maintenance,
repair and improvement of all city facilities and property owned or operated by the city, except
as otherwise provided in this code;
{2) To assist with the preparation of the capital improvement program and
assist the city manager, as directed, in reviewjng capital project budget requests;
{3) To provide engineering services as required including development and
implementation of capital improvement program projects;
(4) To provide permitting and inspection services relating to private
construction of public facilities and private construction affecting city property;
(5) To inspect all construction work done by or for the city and require
compliance with all contracts made in connection therewith;
{6) To prepare or cause to be prepared all official maps of the city and to
keep and maintain such records as are necessary for the fulfillment of the department's
function;
(7) To operate the physical plant regarding the assignment of space, the
maintenance of the buildings, and the recommendation of such rules and regulations as are
proper for the efficient use of the facilities;
(8) To maintain all public structures owned or operated by the city, and to
establish a maintenance program including janitorial services, security and safety, for the
upkeep of all public structures owned or operated by the city, and to report the condition of
such structures;
{9) To schedule repairs and preventative maintenance to ensure that the
streets and sidewalks are maintained in a safe, and structurally sound, and sanitary manner,
and to maintain all markings for traffic control painted or placed upon the streets or curbs;
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(10) To maintain trees, parking lots, paved bicycle paths, and underpasses in a
safe and aesthetic manner; and to maintain trees adjacent to electric power lines in order to
minimize electrical outages caused by tree limbs;
(11) To coordinate the needs of the city departments in their requirements for
motorized equipment, to operate the city garage, actively supervise a preventative
maintenance program, keep the operating records of all motorized equipment used or
operated by the city, monitor the use of pool cars, and maintain fuel sites at city facilities;
(12) To be responsible for the management, regulation, operation, system
rehabilitation, and capital improvements of the storm and surface water management
enterprise, and to coordinate related activities with interested municipalities or special
districts;
(13) To be responsible for refuse collection, source reduction, recycling,
landfill operations, street sweeping, and long term resource recovery and disposal activities of
the refuse enterprise;
(14) To be responsible for the operation of the regional water quality control
plant, on behalf of the city and its partner agencies within the regional service area; the
permitting and enforcement of regulations with respect to industrial discharges into the sewer
system; and the development of programs and treatment methods to ensure the maximum
feasible compliance with regulations protecting the San Francisco Bay and environment;
(15) To perform or cause to be performed all duties required by this code or
other law of the city engineer, superintendent of public works, the superintendent or manager
of the water quality control plant, and the street superintendent;
(16) To be responsible for the general aviation operation and management of
the Palo Alto municipal airport, the adoption and enforcement of general aviation rules and
regulations applicable to invitees and third parties doing general aviation-related business at
the airport, and the management and control of all general aviation-and non-general aviation-
related leases, licenses, permits, easements and other contracts and authorizations issued to or
in connection with invitees and third parties doing business at the airport.
(17) To perform such other duties as may be required.
(b) For organizational purposes, the department of public works shall consist of the
following divisions: engineering services; public services; environmental services; and airport.
SECTION 4. The Council finds that the amendment to Section 2.08.190 of Chapter
2.08 of Title 2 of the Palo Alto Municipal Code does not meet the definition of a project under
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the California Environmental Quality Act pursuant to California Public Resources Code Section
21065 and, therefore, no environmental impact assessment is necessary.
SECTION 5. This ordinance shall become effective upon the expiration of thirty {30)
days from its passage.
INTRODUCED: June 9, 2014
PASSED: June 23, 2014
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
PAw~· !J;k_~· ""
City Clerk 9 I
APPROVED AS TO FORM:
(~ v Senior Assistant City Attorney
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