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R-10161 City Council Meeting 8-8-06 Santa Monica, California RESOLUTION NUMBER10161 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE AMENDING THE CITY CHARTER 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 AND SUPERSEDING RESOLUTION 10158 (CCS) . WHEREAS, on July 25,2006 the City Council adopted Resolution 10158 (CCS) concerning submittal to the voters of a proposed measure arnending the City Charter; Whereas the proposed ballot statement contained in Resolution 10158 (CCS) must be amended because the ballot statement rnust be no more than 75 words; Whereas in all other respects Resolution 10158 (CCS) is unchanged from what the City Council adopted on July 25, 2006; 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 9255 authorizes the governing body of a charter city to place proposed Charter amendments on the ballot; 1 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: SECTION 1. A General Municipal Election shall be called for November 7,2006, for the purpose, among other things, of submitting a Charter amendrnent proposition to the voters. SECTION 2. At the General Municipal Election called for Novernber 7,2006, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION" ": Shall the City Charter be amended to make it current with best governmental management Yes practices by removing City departmental directors from civil service, changing the advisory roles of some City boards and commissions that deal with hiring of departmental directors, making other related changes concerning promotions and hiring, amending certain provisions concerning the office of No City Clerk and by amending some other Charter provisions to remove terms that are no longer legally valid? 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 2 prepare an impartial analysis of it, which analysis shalf 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 rnaterials available for public examination in the City Clerk's office for ten days immediately following the filing deadline for such materials. SECTION 4. The City Council authorizes its members, Richard Bloom, Ken Genser, Herb Katz and Bobby Shriver, 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. 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 argument as requ ired 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 may 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 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 measure to be published once in the official 3 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. SECTION 6. The provisions of Resolution Number 10134 (CCS) are referred to for more particulars concerning the General Municipal Election to be held on Novernber 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 rnaterials and all supplies or equipment that rnay be necessary in order to properly and lawfully conduct the election. SECTION 7. Resolution 10158 (CCS) is repealed and superseded by this Resolution. 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: 4 Adopted and approved this 8th day of August, 2006. ~/:~- " Robert T. Holbrook, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 101b1 (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 mernbers: Bloom, Katz, McKeown, O'Connor Mayor Holbrook Noes: Council rnembers: None Abstain: Council mernbers: None Absent: Council rnernbers: Genser, Mayor Pro Tern Shriver ATTEST: Maria M. Stewart, City Clerk Adopted and approved this 8th day of August, 2006. ~/:~- " Robert T. Holbrook, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 101b1 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 8th day of August 2006, by the following vote: Ayes: Council rnembers: Bloom, Katz, McKeown, O'Connor Mayor Holbrook Noes: Council rnembers: None Abstain: Council members: None Absent: Council rnembers: Genser, Mayor Pro Tem Shriver ATTEST: EXHIBIT 1 EXHIBIT 1 601 Eligibility. No person shall be eligible to hold office as a member of the City Council unless he or she is a reQistered voter and otherwise Qualified to vote for the office shJII bo a qUJlifiod elector at the time that of his nomination papers are issued to him or her or at the time, ::md shJII have been a resident of tho City for Jt least two years procoding the €late-of his or her olection or appointment to the office. 700 Officers to be appointed by the City Council. The City Council shall appoint the City Manager and the City Attorney, which positions shall not be in the Classified Service and who may be rernoved by rnotion of the City Council adopted by at least five affirmative votes. It shall also appoint the City Clerk, which position shall be in the Classified Service. The City Council in its discretion shall establish by resolution the salary and such other terrns of employment of the City ManaQer, City Attorney and City Clerk as the City Council determines to be appropriate. 701 Officers to be appointed by the City Manager. The City Manager shall appoint, and may remove, all directors of City departrnents under the City ManaQer's control, includinQ the Chief of Police and the Chief of the Fire Department, which position2 shall not be in the classified service or considered to have civil service status. The City Manager shall consult with boards and commissions as appropriate concerninQ the appointment of a department director. also shall appoint tho City Controller, Porsonnol Director, City Treasurer, City Engineer, Street Superintendent, Building Officer, Chiof of the Fire Department, Director of Cultural and Recreation Servicos, Librarian, and the heads of all other departmonts of the City, which positions shall be in tho classified servico. l\ppointments to the position of Personnel Director, Director of Cultural and Recro3tion Sorvices, and Librarian sh3JJ bo su bject to the approval of their respective boards or commissions. 702 Other appointive officers. The City Council may provide by ordinance for the creation, continuation~ reorQanization or abolishment of any other City departments under the control of the City ManaQer, reQardless of whether the department is referred to in the City Charter, upon recommendation of the City Manager. Each departrnent so created, reorqanized or continued shall be headed by an officer, as department directorRea4, who shall be appointed by the City Manager. The positions of such department directorsheads shall not be included in the Classified Service. 1 707 City Clerk. Powers and duties. The City Clerk shall have power and be required to: (a) Attend all rneetings of the City Council and record and rnaintain a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes. Such books shall have a general index sufficiently comprehensive to enable a person readily to ascertain rnatters contained therein; (b) Maintain ordinance and resolutio n books into which shall be recorded all City ordinances and resolutions with the certificate of the Clerk annexed to each thereof stating the sarne to be a correct copy, giving the number of said ordinance or resolution and, as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Be the custodian of the seal of the City; aRG (d) Adrninister oaths or affirrnations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of its official records7~ (e) Appoint and remove all assistants and other persons as are authorized to be employed in the office by the City Council. with the position of the Assistant City Clerk not beinQ in the Classified Service of the City, unless the City Council by resolution determines otherwise. All other positions in the City Clerk's office shall not be in the Classified Service of the City unless the City Council by resolution determines otherwise; and (f) Perform such other tasks as the City Council shall direct by ordinance or resolution. 719. Position Status - Designation bv City Manager. No person holdinq the position of City Controller, City Treasurer, City EnQineer, Street Superintendent, BuildinQ Officer or Airport Director shall be considered a departrnental director unless the City ManaQer desiqnates the position in this rnanner and the position is so described in the City's orQanizational structure as approved by the City Council from time to time. In the discretion of the City ManaQer any person may simultaneouslv hold rnore than one position within City qovernment. 1010 Library Board. Powers and duties. The Library Board shall have charge of the administration of the Santa Monica Public Library, and shall have power and be required to: (a) Make and enforce such by-laws, rules and regulations as may be necessary for the adrninistration, government and protection of the City Library; and (b) Approve or disapprove the appointmont of a Librarian; and (Qs) Accept money, personal property or real estate donated to the Library Board of the Santa Monica Public Library or its predecessor. 1012 Personnel Board. Powers and duties. The Personnel Board shall have power and be required to: (a) /\pprove or disapprove the appointment by the City Manager of a Personnel Director. If tho Board takes no action on such an appointment within 30 days 2 of receiving 'Nritten notice from the City Managor of intention to make an appointment, the appointment stands as approvod; (29) After a public hearing thereon, recommend to the City Council the adoption, arnendment or repeal of Civil Service rules and regulations; (he) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal se rvice and report its findings to the City Council, City Manager, and the Personnel Director; (~G) Hear appeals of any officer or employee in the classified service who is suspended, demoted or removed, and report in writing to the appointing authority, City Manager, and City Council, its findings, conclusions, and recornmendations; and (ge) Act in an advisory capacity to the City Council and the Personnel Director on personnel administration. 1013 Recreation and Parks Commission. There shall be a Recreation and Parks Comrnission which shall be appointed by the City Council, and composed of seven rnembers chosen frorn the residents of the City, none of whom shall hold any paid office or employment in the City Government, and not more than four of whom shall bo of the samo sex. 1014 Recreation and Parks Commission. Powers and duties. The Recreation and Parks Corn mission shall have power and be required to: (a) Act in an advisory capacity to the City Council and Director of Cultural and Recreation Comrnunitv and Cultural Services in all matters pertaining to public recreation, including playgrounds, rnusic and entertainment; (b) I\pprovo or disapprove tho appointment of the Director of Cultural and Recreation Sorvicos by the City Manager; (he) Consider the annual budget of the Comrnunitv Cultural and Cultural Recreation Services Department during its preparation and rnake recomrnendations with respect thereto to the City Manager and the City Council; and (~G) Assist in the planning of a recreation program for the inhabitants of the City, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. 1016 Airport Commission. Powers and duties. The Airport Comrnission shall have power and be required to: (a) Act in an advisory capacity to the City Council in all matters pertaining to the Municipal Airport and to aviation matters generally to the extent that they affect the City; (b) Approve or disapprovo the appointment of a Municipal Airport Director by tho City Manager, as and when the City Council provides for the filling of such position; and (he) Consider and recornmend City Council rules and regulations for the management and operation of the Municipal Airport. 3 1102 Classified Service. The Civil Service of the City shall be divided into the Unclassified and the Classified Service. (a) The Unclassified Service shall comprise the following officers and positions: 1. Members of the City Council; 2. City Manager and the entire staff of the irnrnediate office; 3. City Attorney and the entire staff; 4. Except for City Clerk, directors of all City departments, includinq the Chief of Police and the Chief of the Fire Departrnent; 5. All rnernbers of Boards and Comrnissions; and 6. Persons employed to render professional, scientific, technical or expert service or temporary and unskilled labor of an occasional and exceptional character, or during times of emergency involving the public safety and so declared by the City Council, a person ernployed as a civil defense coordinator, or other coordinator appointed by reason of such emergency. 7. The position of Assistant City Clerk and all other positions within the department other than the position of City Clerk. unless the City Council by resolution deterrnines otherwise. (b) The Classified Service shall comprise all permanent positions not specifically included by this section in the Unclassified Service. 1103 Appointments from the Classified to the Unclassified Service. In the event an officer or employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should subsequently be removed therefrom, the officer or ernployee shall revert to his or her former position in the Classified Service without loss of any rights or privileges and upon the same terms and conditions as if the officer or ernployee had rernained in said position continuously. Should such person be eligible for retirernent under the retirernent system at the time of such subsequent removal, upon recommendation of the City Manager the officer or employee shall be retired in lieu of being restored to his or her former position. This section shall not apply to any person who is appointed to a position of departmental director. 1107 Performance evaluations. A system of compulsory, periodic, at least annually, efficiency ratings shall be established by the Personnel Director for all employees in the Classified Service, subject to the approval of the Personnel Board. Special rating forms shall be designed for such classification as require them in order that the quality of performance, by each person rated, of the required functions of the positions may be accurately reflected through their use. , The City Manager or his or her desiqnee shall be required to evaluate fate-all departmental directors hoads and subordinate officers. The departmental directors heads shall evaluate fate-all officers and ernployees in their respective departments. Promotions shall be on the basis of ascertained merit, credit and seniority in service and examination. Vacancies shall be filled by promotion upon competitive examinations 4 unless the appointing authority in particular instances believes it impractical or not in the best interest of the public service, and the reasons therefor are submitted to and approved by the Personnel Board. 1108 Appointments. Upon the receipt of notice of a vacancy in the Classified Service, the Personnel Director shall certify to the appointing authority the names of the three highest candidates on the prornotional eligible list or the names of the candidates in the top three bands on an open (non-promotional) eliqible list for such position. If less than three names are on the prornotional eligible list or if less than three bands are on an open (non-prornotional) eliqible list, the appointing authority may request the establishment of a new eligible list. No candidate rnay be certified more than three times for anyone Classified position. When no eligible lists are available, the Personnel Board, under such rules and regulations as it shall prescribe, may authorize the appointing authority to rnake temporary appointments in the Classified Service which shall remain in force until regular appointments can be made, but in no case to exceed one-hundred-eiqhtv ninety (18000) days in order to prevent the stoppage of public business and in order to rneet extraordinary conditions. 5