R-10160
f:\atty\m uni\laws\mjm\marijuanaballotmeasure.d oc
City Council Meeting 8-8-06
Santa Monica, California
RESOLUTION NUMBER 10160(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
A MEASURE AMENDING THE MUNICIPAL CODE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006,
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, on June 13,2006, the City Council adopted a Resolution calling for and
giving notice of a General Municipal Election on November 7,2006; and
WHEREAS, California Elections Code Section 9215 authorizes the governing body
of a city to place proposed municipal code arnendments on the ballot;
WHEREAS, the City Council of the City of Santa Monica wishes to place the
following proposition on the ballot at the General Municipal Election to be held on
November 7, 2006,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
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SECTION 1. A General Municipal Election has been called for or November 7,
2006, for the purpose, among other things, of submitting a Charter amendment proposition
to the voters.
SECTION 2. At the General Municipal Election called for November 7,2006, the
following proposition shall be submitted to the qualified electors of the City of Santa
Monica:
PROPOSITION" ": Shall the Municipal Code be amended
to: state that City police shall make law enforcement related Yes
to adult, personal use of marijuana the lowest enforcement
priority, unless the use occurs on public property or in
conjunction with driving under the influence; require the City
Council to effectuate the priority through reporting, grievance
and oversight procedures; and require the City Clerk to send No
annual notice of the priority to federal and state
representatives?
SECTION 3. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code Section 9280, a copy of the foregoing measure. The City Attorney shall
prepare an impartial analysis of it, which analysis shall not exceed 500 words in length
each. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments. In accordance with Municipal Code Section 11.04.190, the City Clerk
shall make a copy of all official elections materials available for public examination in the
City Clerk's office for ten days immediately following the filing deadline for such rnaterials.
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SECTION 4. The City Council authorizes its mernbers, as follows, to file written
arguments for or against the measure described above and which is contained in Exhibit 1
to this Resolution, which Exhibit is incorporated by reference herein:
FOR:
Pw
Councilmembers Genser. Katz. Bloom. Mayor ~ Tem Shriver
AGAINST:
All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accornpanied by the names and signatures of
the persons submitting the argument as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk, after
which no change rnay be submitted to the City Clerk unless permitted by law.
SECTION 5. The City Clerk shall cause the text of the measure, which is contained
in Exhibit 1, together with the City Attorney impartial analysis, and any argurnents 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 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 properly the election.
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SECTION 6. The provisions of Resolution Number 10134 (CCS) are referred to for
more particulars concerning the General Municipal Election to be held on November 7,
2006 and in all respects the election shall be held and conducted as provided for by
applicable law. 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 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:
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Adopted and approved this 8th day of August, 2006.
~/': /k~
Robert T. Holbrook, Mayor -
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10160 (CCS) was duly adopted at a rneeting of the Santa
Monica City Council held on the 8th day of August 2006, by the following vote:
Ayes:
Council rnembers:
Bloom, Katz, McKeown, OrConnor,
Mayor Holbrook.
Noes:
Council rnernbers:
None
Abstain:
Council mernbers:
None
Absent:
Council rnembers:
Genser, Mayor Pro Tem Shriver
ATTEST:
Maria M. Stewart, City Clerk
EXHIBIT
ARTICLE XXII - GOOD GOVERNMENT ACT OF 2006
2200. Title.
This Article shall be known as the Good Government Act of 2006.
2201. Findings and Purposes.
Santa Monica is committed to the principles of democracy, including the
preservation of full, inclusive and open public process. These commitments
protect the right of all cornrnunity members to participate equally in their local
government.
The purposes of the provisions of this Article are to assure ethical conduct
by the elected and appointed officials of the City of Santa Monica, to promote
fairness and equal treatment for all persons by the City, regardless of wealth or
economic status, and to prevent actual and apparent corruption of the
governmental process of the City through the influence of gifts, payments and
employment opportunities. The intent of this Article is to establish minimurn
standards and requirements for ethical cond uct by the City's elected and
appointed officials, and to provide a means for the City to enforce such standards
and requirements.
2202. Definitions.
"Consumer Price Index" - Means the index for All Urban Consumers for
the Los Angeles, Long Beach, Anaheirn Metropolitan Area (all items) provided by
the United States Bureau of Labor Statistics or other comparable index
developed to replace it.
"Person" - Means any natural person, corporation, trust, partnership or
association.
"Public Official" - Means any member of the Santa Monica City Council
and any City official appointed by the City Council.
"Thing of Value" - Means any gift, payrnent, compensation, employment,
property or thing with a fair value of Ten Dollars ($10) or more but not including
campaign contributions which are subject to separate laws and regulations.
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2203. Prohibition Against Remuneration for Casting Official Votes.
A. It is prohibited and unlawful for a Public Official to receive, directly or
indirectly, any Thing of Value from a person in return for having cast a vote
benefiting that person's economic interests.
B. It is prohibited and unlawful for a person to directly or indirectly provide
any Thing of Value to a Public Official in retu rn for the Public Official having cast
a vote benefiting that person's economic interests.
2204. Prohibition Against Remuneration for Exercise of Official Discretion.
A. It is prohibited and unlawful for a City employee to receive, directly or
indirectly, any Thing of Value from a person in return for exercising his or her
official discretion in a manner benefiting that person's econornic interests.
B. It is prohibited and unlawful for a person to directly or indirectly provide
any Thing of Value to a City employee in return for the employee's having
exercised his or her official discretion in a manner benefiting that person's
economic interests.
2205. Prohibition on Use of Office to Gain Employment Opportunities.
No Public Official shall make, participate in making, or use his or her
official position to influence any governmental decision directly relating to any
person with whom he or she is negotiating, or has any arrangement concerning a
current, future, or prospective employrnent.
2206. Restrictions on Presenting or Receiving Gifts from Parties Having a
Current Interest in Decisions or Actions of City.
A. It is prohibited and unlawful for any person to present to any Public
Official, and it is also prohibited and unlawfu I for any Public Official to receive
from any such person, any gift of any kind having a value of rnore than Fifty
Dollars ($50), if the donor or presenter of the gift has a rnaterial econornic or
financial interest in any of the following:
(1) A contract or agreernent, including any purchase order,
franchise, or license, to provide goods, rnaterials, equipment, or services to or for
the City, or affecting any property of the City, while the offer of such contract or
agreement is pending before the City, or while such contract or agreement
remains in effect;
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(2) Any real property, including improvements, that is the subject of
an application for any land use approval, including any zoning change, use
permit, variance, or other entitlement, after such application has been submitted
and while such application remains pending before the City;
(3) Any lease, purchase or sa Ie agreement affecting real property,
to or from the City, that has been presented to the City, or which is pending, or
which rernains in effect; or
(4) Any request or appeal to reduce any tax, assessment, charge,
or fee made to the City, while such request or appeal is pending.
B. If a Public Official receives a gift without knowing that the gift was
presented in violation of subdivision A of this Section, the Public Official shall not
be in violation of subdivision A of this Section if, within five (5) days of having
discovered that the gift was received in violation of this Section, the Public
Official: (1) files a written report with the City Clerk that such gift was received,
and (2) relinquishes such gift or, if the gift is no longer in existence, pays the
equivalent fair value to the City for appropriate disposition or deposit to the City's
General Fund. The report filed with the City Clerk shall identify the name and
address of each person presenting the gift, the circumstances in which the gift
was presented, a full description of the gift, and its actual or estimated fair value,
including copies of any available evidence of such value.
C. A Public Official shall disclose in writing to the City Clerk, on a form
substantially the same as that required for filing disclosures of economic interests
with the state, any gift or gifts received from any person described in subdivision
A above, if the fair value of the gift is Twenty-Five Dollars ($25) or more. Such
disclosure shall be filed no later than the seventh day of the month following the
calendar month in which the gift was received.
D. The Council may adopt an ordinance establishing standards for
determining when an interest is material; if no such ordinance is adopted, state
standards defining materiality for purposes of prohibiting conflicts of interest shall
apply.
2207. Restrictions on Public Officials Accepting Gifts.
A. It is prohibited and unlawful for any Public Official to accept gifts of any
kind from any single source or person within any calendar year with a total
aggregate value of more than Two Hundred Fifty Hundred Dollars ($250), or any
individual gift with a total value of more than One Hundred Dollars ($100).
B. The City Council may adopt an ordinance exempting gifts which are
unlikely to corrupt the governmental process; if no such ordinance is adopted, the
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prohibition contained in this Section shall not apply to gifts which are exempt
from disclosure under state law regulating conflicts of interest.
2208. Notification of Prohibitions and Restrictions.
The City shall provide copies of this law to all Public Officials. Additionally,
the City shall provide any person, corporation, firrn, partnership, association, or
other person or entity applying or competing to obtain from the City' any of the
interests specified in Section 2206 with written notice of the provisions of this
Article. Said notice shall be incorporated into requests for proposals, bid
invitations, or other existing informational disclosure documents to persons
engaged in prospective business with, from, or through the City.
2209. Implementing Ordinances.
In addition to the specific authority conferred by this Article, the City
Council may adopt any ordinances necessary to implernent this Article and
effectuate its purposes.
2210. Adjustment of Monetary Limits.
The monetary limits established by this Article shall be adjusted
periodically, and at least every five years, to reflect changes in the Consumer
Price Index. Such adjustments shall be rounded to the nearest five dollars
($5.00).
2211. Penalties and Enforcement.
A. In addition to all other penalties which might apply, any knowing and
willful violation of this Article by a Public Official constitutes a criminal
misdemeanor offense.
B. A civil action may be brought under this Article against a Public Official
who receives a gift or Thing of Value in violation of this Article. A finding of
liability shall subject the Public Official to the following civil remedies:
(1) restitution of the personal or campaign advantage received I
which shall accrue to the general fund of the City;
(2) injunctive relief necessary to prevent present and future
violations of this Article; and
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(3) disqualification frorn future public office or position within the
jurisdiction, if violations are willful, egregious, or repeated.
C. A civil action under subdivision B of this Section may be brought by
any resident of the City. In the event that such an action is brought by a resident
of the City and the petitioner prevails, the respondent Public Official shall pay
reasonable attorney's fees and costs to the prevailing petitioner.
2212. Severability.
If any section, subsection, sentence, clause, or phrase of this Article is for
any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Article.
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