ITEM 12-B
City Council Meeting 8-4-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Resolutions for Regular Municipal Election to
be Held on November 3, 1992
This Staff Report transmits to the City Council three
resolutions for adoption in connection with the Regular Municipal
Election to be held on November 3, 1992.
At its meeting on July 7, 1992, the City Council directed the
City Attorney to prepare two ballot measures amending the City
Charter. This Staff Report transmits the various resolutions to
effectuate the City Council's direction.
1. Resolution Submitting to the Voters Two Ballot Measures.
This Resolution submits to the voters the following ballot
measures:
a. Proposal to Amend City Charter to Provide City
Council Compensation and to Limit the Term of Office.
This proposal amends Sections 601 and 602 of the City Charter.
Section 601, which relates to the eligibility for City
Council, has been revised to limit a person from holding more than
three consecutive terms on the City Council. In addition, this
Section has been revised to make it gender neutral. In addition,
a portion of this Section requiring a two year residency
requirement for candidates for City Council has been deleted. This
residency requirement violates both the United States and
California Constitutions. (See Johnson v. Hamilton, 15 Cal. 3d
461, 541 P.2d 881, 125 Cal. Rptr. 129 (1975); Thompson v. Mellon,
9 Cal. 3d 96, 507 P.2d 628, 107 Cal. Rptr. 20 (1973); Daniels v.
Tergeson, 211 Cal. App. 3d 1204, 259 Cal. Rptr. 879 (1989). As
revised, City residency is required at the time nomination papers
are filed.
Section 602, which relates to compensation, has been revised
to authorize City Council compensation and medical and dental
benefits. (The current cost to the City for health insurance
benefits is $376 per month per employee.) The City Council needs
to specify the dollar amount of the compensation.
b. Proposal to Amend City Charter to Implement the
Recommendations of the Charter Review Commission.
This proposal makes numerous changes to the City Charter to
implement the recommendations of the Charter Review Commission.
Section 608. This Section was revised to implement the
recommendation concerning procedures for contracting.
Section 612. This Section was revised to implement the
recommendation concerning special and emergency meetings.
Section 613. This Section was revised to implement the
recommendation concerning open meetings.
Section 700. This Section was revised to implement the
recommendation concerning the elimination of the position of Health
Officer.
Section 701. This Section was revised to change the title of
the Director of Recreation to the Director of Cultural and
Recreation Services.
Section 717. This Section was deleted to implement the
recommendation to eliminate the position of Health Officer.
Section 718. This Section was revised to change the title of
the Director of Recreation to the Director of Cultural and
Recreation Services and to change the title of the Recreation
Commission to the Recreation and Parks Commission.
Section 1007. This Section was revised to implement the
recommendation concerning Planning Commission composition.
Section 1013. This Section was revised to change the title of
the Recreation Commission to the Recreation and Parks Commission.
In addition, this Section was revised to make the same changes that
were made to the composition of the Planning Commission. The
change eliminates the provision that a member of the City Council
be a member of the Commission and changes eligibility from electors
to residents of the City.
Section 1014. This Section was revised to change the title of
the Recreation Commission to the Recreation and Parks Commission.
Section 1300. This Section was revised to implement the
recommendation concerning official bonds.
Section 1509. This Section was revised to implement the
recommendation concerning cash liquidity reserve provisions.
Section 1511. This Section was revised to implement the
recommendation concerning capital expenditure fund provisions.
Section 1513. This Section was revised to implement the
recommendation to delete the provisions considering presentation of
demands.
Section 1515. This Section was revised to implement the
recommendation concerning actions against the City.
Section 1803. Subdivision (m) of this Section was revised to
provide that vacancies in the Rent Control Board shall be filled at
the next general municipal election.
One of the general recommendations of the Charter Review
Commission was to ensure gender neutral language. In revising
Sections to accomplish this objective, we identified some
additional changes that were legally required. The following is a
list of the Sections which have been revised to provide gender
neutral language along with information on any additional changes
that were made:
Section 600. This Section was revised to make it gender
neutral. In addition, language describing the manner of the first
City Council under the City Charter has been deleted.
Section 603. This Section was revised to make it gender
neutral.
Section 604. This Section was revised to make it gender
neutral.
Section 610. This Section was revised to make it gender
neutral.
Section 615. This Section was revised to make it gender
neutral.
Section 703. This Section was revised to make it gender
neutral.
Section 704. This Section was revised to make it gender
neutral.
Section 706. This Section was revised to make it gender
neutral.
Section 708. This Section was revised to make it gender
neutral.
Section 709. This Section was revised to make it gender
neutral.
Section 712. This Section was revised to make it gender
neutral.
Section 715. This Section was revised to make it gender
neutral.
Section 900. This Section was revised to make it gender
neutral. In addition, language describing the manner of the first
Board of Education under the City Charter has been deleted.
Section 901. This Section was revised to make it gender
neutral. In addition, a portion of this Section requiring a two
year residency requirement for candidates for City Council has been
deleted. This residency requirement violates both the United
States and California Constitutions.
Section 903. This Section was revised to make it gender
neutral.
Section 1004. This Section was revised to make it gender
neutral. In addition, language concerning closed sessions was
deleted because this issue is covered by the Brown Act.
Section 1103. This Section was revised to make it gender
neutral.
Section 1104. This Section was revised to make it gender
neutral.
Section 1112. This Section was revised to make it gender
neutral.
Section 1301. This Section was revised to make it gender
neutral.
Section 1302. This Section was revised to make it gender
neutral.
Section 1304. This Section was revised to make it gender
neutral.
Section 1305. This Section was revised to make it gender
neutral.
Section 1502. This Section was revised to make it gender
neutral.
Section 1503. This Section was revised to make it gender
neutral.
Section 1514. This Section was revised to make it gender
neutral.
The City Council also requested that the City Attorney review
the recommendations of the Charter Review Commission to establish
an Environmental Commission and to provide for periodic review of
the City Charter. In our opinion, both of these issues are best
addressed by ordinance rather than by adding provisions to the City
Charter.
2. Resolution Authorizing Members of the City Council to
Submit Arguments Concerning Various Propositions.
The purpose of this Resolution is to give members of the City
Council an opportunity to submit arguments in favor of or against
the two propositions to be submitted to the voters. By virtue of
Elections Code Section 5016, the City Council or its members
authorized by the City Council have priority in submitting
arguments in favor of or against a ballot measure. If the City
Council desires to permit its members to submit arguments in favor
of or against any proposition, the members so authorized should be
inserted in Section 1.
Elections Code Section 5014.5 authorizes the submittal of
rebuttal arguments if the legislative body, not later than the day
on which it calls an election, adopts the provisions of Elections
Code Section 5014.5. In connection with the 1981 General Municipal
Election, the City Council adopted Resolution Number 6180 (CCS)
adopting the provisions of Elections Code Section 5014.5. The
resolution provided in Section 2: "That the provisions of Section
1 shall apply at the next ensuing municipal election and at each
municipal election thereafter, unless repealed by the legislative
body." Thus, unless the City Council repeals Resolution Number
6180 (CCS), the authors of the argument in favor of any proposition
will be permitted to prepare a rebuttal to the argument against
such proposition and the authors of the argument against any
proposition will be permitted to prepare a rebuttal to the argument
in favor of such proposition.
3. Resolution Requesting Consolidation of Election.
This Resolution requests the Board of Supervisors to
consolidate the Regular Municipal Election with the statewide
general election.
4. Resolution Authorizing Election Services.
This Resolution authorizes the City Clerk to retain the
services of Martin & Chapman Co. to provide various election
services. For example, the County has informed the City Clerk that
the City will be required to prepare and distribute the ballot
pamphlet.
RECOMMENDATION
It is respectfully recommended that the City Council take the
following actions:
1. That the City Council adopt the Resolution submitting to
the voters various ballot measures.
2. That the City Council adopt the Resolution authorizing
members of the City Council to submit arguments concerning the
various propositions.
3. That the City Council adopt the Resolution requesting
consolidation of the election.
4. That the City Council adopt the Resolution authorizing
election services.
PREPARED BY: Robert M. Myers, City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
TWO BALLOT MEASURES AT THE REGULAR MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992
WHEREAS, on June 30, 1992, the City Council adopted
Resolution Number 8428 (CCS) calling for and giving notice of a
Regular Municipal Election on November 3, 1992; and
WHEREAS, the City Council desires to submit to the voters,
pursuant to Government Code Section 34459, two proposed
amendments to the City Charter,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. At the Regular Municipal Election called for
November 3, 1992, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
________________________________________________________________
PROPOSITION " ." Shall City
Charter Sections 601 and 602 be
amended to increase City Council
compensation to $_______ per month
for the Mayor and $______ per
month for Councilmembers, to
provide medical and dental
benefits for Councilmembers, and
to establish term limits for
Councilmembers?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 1 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. The City Clerk shall cause the text of the proposition
to be published in the official newspaper and in each edition
thereof during the day of publication in the manner required by
law.
SECTION 2. At the Regular Municipal Election called for
November 3, 1992, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to implement
the recommendations of the Charter
Review Commission relating to
provisions such as procedures for
contracting, City Council
meetings, Health Officer, title
and composition of various boards,
official bonds, cash liquidity
reserves, capital expenditure
funds, presentation of demands and
actions against the City,
elections to fill vacancies on the
Rent Control Board, and adding
gender neutral language?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 2 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. The City Clerk shall cause the text of the proposition
to be published in the official newspaper and in each edition
thereof during the day of publication in the manner required by
law.
SECTION 3. The provisions of Resolution Number 8428 (CCS)
are referred to for more particulars concerning the Regular
Municipal Election to be held on November 3, 1992.
SECTION 4. 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:
__________________________________
ROBERT M. MYERS
City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES
TO BE PLACED ON THE BALLOT AT THE GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 3, 1992
WHEREAS, a General Municipal Election is to be held in the
City of Santa Monica on Tuesday, November 3, 1992; and
WHEREAS, at the General Municipal Election there will be
submitted to the qualified electors of the City of Santa Monica
City measures; and
WHEREAS, Elections Code Section 5010 et seq. provides for
procedures for arguments concerning city measures; and
WHEREAS, Elections Code Section 5013 authorizes the City
Council, or any member or members of the City Council authorized
by the City Council to file a written argument for or against any
City measure,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council authorizes the following
Councilmembers to file written arguments as follows:
Term Limits and Compensation
ARGUMENT IN FAVOR OF: _____________________________.
ARGUMENT AGAINST: _________________________________.
Charter Review Commission Recommendations
ARGUMENT IN FAVOR OF: _____________________________.
ARGUMENT AGAINST: _________________________________.
SECTION 2. Written arguments, not to exceed 300 words in
length, are to be filed with the City Clerk by 5:00 p.m. on
August 11, 1992. Arguments so submitted may be changed or
withdrawn by the authors until and including the date fixed by
the City Clerk after which no arguments for or against the
measure may be submitted to the City Clerk.
SECTION 3. 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:
__________________________________
ROBERT M. MYERS
City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A
REGULAR MUNICIPAL ELECTION OF THE CITY OF SANTA
MONICA TO BE HELD ON NOVEMBER 3, 1992, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON SAID DATE
PURSUANT TO ELECTIONS CODE SECTION 23302
WHEREAS, the City Council of the City of Santa Monica has
called a Regular Municipal Election in the City of Santa Monica,
in the Santa Monica-Malibu Unified School District, and in the
Santa Monica Community College District to be held on November 3,
1992, for the purpose of electing four members of the City
Council, two members of the Rent Control Board, three members of
the Board of Education of the Santa Monica-Malibu Unified School
District, and three members of the Board of Trustees of the Santa
Monica Community College District, and for the purpose of
submitting certain propositions and Charter amendments to the
voters of the City of Santa Monica; and
WHEREAS, it is desirable that the Regular Municipal
Election be consolidated with the Statewide General Election to
be held on the same date; that within the City of Santa Monica,
the Santa Monica-Malibu Unified School District, and the Santa
Monica Community College District, the precincts, polling places,
and election officers of the three elections be the same; that
the Registrar of Voters canvass the returns of the Regular
Municipal Election; and that the Statewide General Election and
Regular Municipal Election be held in all respects as if there
were only one election,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Section 23300, the
Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a Regular
Municipal Election with the Statewide General Election on
Tuesday, November 3, 1992, for the purposes of the election of
four members of the City Council for terms ending in November,
1996, two members of the Rent Control Board for terms ending
November, 1996, three members of the Board of Education of the
Santa Monica-Malibu Unified School District for terms ending
November, 1996, and three members of the Board of Trustees of the
Santa Monica Community College District for terms ending
November, 1996.
SECTION 2. The following measures shall appear on the
ballot and be submitted to the voters of the City of Santa
Monica:
_________________________________________________________________
PROPOSITION " ." Shall City
Charter Sections 601 and 602 be
amended to increase City Council
compensation to $_______ per month
for the Mayor and $______ per
month for Councilmembers, to
provide medical and dental
benefits for Councilmembers, and
to establish term limits for
Councilmembers?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to implement
the recommendations of the Charter
Review Commission relating to
provisions such as procedures for
contracting, City Council
meetings, Health Officer, title
and composition of various boards,
official bonds, cash liquidity
reserves, capital expenditure
funds, presentation of demands and
actions against the City,
elections to fill vacancies on the
Rent Control Board, and adding
gender neutral language?
_________________________________________________________________
SECTION 3. The Registrar of Voters is hereby authorized to
canvass the returns of the Regular Municipal Election which it is
hereby requested to consolidate with the Statewide General
Election and said election shall be held in all respects as if
there were only one election, and only one form of ballot shall
be used.
SECTION 4. The Board of Supervisors of the County of Los
Angeles is hereby requested to issue instructions to the
Registrar of Voters to take any and all steps necessary for the
holding of the consolidated election.
SECTION 5. The City of Santa Monica recognizes that
additional costs shall be incurred by the County of Los Angeles
by reason of this consolidation and agrees to reimburse the
County of Los Angeles for any such costs.
SECTION 6. The City Clerk is directed to transmit and file
a certified copy of this Resolution with the Board of Supervisors
of the County of Los Angeles and to the Registrar of Voters.
SECTION 7. 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:
__________________________________
ROBERT M. MYERS
City Attorney