SR-9-A (67)
e
"()'1-- tp69
q-A
FEa 2 8 198~
CA:RMM:rmelect3
Clty Council Meeting 2-28-84
Santa Monica, California
STAFF FEPORT
TO:
Mayor and Clty Council
FROM:
Clty Attorney
SUBJECT:
Resolutions and Ordinances Relat1ng to Special
Munlc1pal Election to be Held on June 5, 1984
Th1S staff report transmits to the C1ty Councll four
resolut1ons and two ordinances for approval 1n connectlon with
the 1984 Special Munlcipal Election.
The purpose of each
resolution and ordinance is discussed below.
1. Resolutlon Calling and Glving ~otice of the Speclal
MunlClpal Electlon.
This
resolution
nrovldes that the Spec1al Mun1cipal
Electlon shall be called for and held on June 5, 1984 and takes
var10us actions to facllitate the election.
The followlna
prinClpal features should be noted:
a. The proDosal to a~end Sectlon 1400 of the Clty
Charter submltted by petltlon 1S placed before the voters
pursuant to Government Code Sectlon 34461.
b. Under Art1cle IX, Sectlon 16 of the Callfornia
Constltution,
all voters of the Santa Monlca-Mal1bu Unlfled
School Dlstrict are entitled to vote on a proposed charter
amendment that w1ll change the date at which they vote for
members of the Board of Educat1on.
T~e seetlon provldes:
I
9-A
FEB 2 8 1984
e
e
(a)
It shall be competent,
J.n all
charters framed under the authorJ.ty gJ.ven by
Bectlon 5 of Article XI, to provide, in
addJ.tJ.on to those provisions allowable by
thls Constitution, and by the laws of the
state for the manner in which, the times at
wh~ch, and the terms for which the members of
boards of education shall be elected or
appointed, for their quallfications,
compensation and re~oval, and for the number
which
boards.
(b) Notwithstanding Section 3 of
Artlcle XI, when the boundarJ.es of a school
shall constJ.tute anyone of such
dJ.strJ.ct or community college distrlct extend
beyond the I J.ffiJ. ts of a cJ.ty whose charter
provides for any or all of the foregoing WJ.th
respect to the members of J.ts board of
educa tJ.on,
no charter amendment effectJ.ng a
change in the ~anner in which, the times at
which, or the terms for WhlCh the members of
the board of educatJ.on shall be elected or
appoJ.nted,
corrpensa tion,
for theJ.r
qualificatJ.ons,
or removal, or
for the number
which shall constitute such board, shall be
adopted
approved
unless 1. t
J.5
sub~itted to and
by a ma]Orlty
of all the qualified
2
e
e
electors of the school district or community
college dlstrlct votlng on the question. Any
such amendment 1 and any portion of a proposed
charter or a revised charter which wouIn
establish or change any of the foregolng
provlsions respectlng a board of educationl
shall be submitted to the electors of the
school district or COMmUnlty college district
as one or more separate auestions. ~he
fallure of any such separate question to be
approved shall have the result of continuing
ln effect the applicable existing law wlth
respect to that board of education.
As thlS indicates, the constitutional provislon provldes
that the questlon shall be separately put before such voters.
Accordlngly, the Clty Attorney recommends that a separate
questlon be placed before the voters of the Santa Monica-Malibu
Unlfled School Distrlct. The proposed measure would nrovlde
that the election for nembers of the Hoard of Education would be
changed in the same manner as nrovlded In Section 1400 lf Section
1400 is amended. If a separate question lS not placed before the
Santa Monlca-Mallbu Unifled School District, the petltion to
change Seetlon 1400 Must be put before them. ThlS could result
ln interestlng problems (e.g'l the amendment passes in the Clty
but falls In the Dlstrict; the anendment fails in the Clty but
passes in the Distrlct).
3
e
e
Charter
voters.
as
anproved
proposal to a~end Section 602 of the City
by the Clty Councll is placed before the
c. The
d. The proposal to add Artlcle XX to the City
Charter relatlng to Tenant Ownershlp Rlqhts ~s placed before the
voters.
e. The two posltlons on the Rent Control Board, one
explring 1n 1985 and one expiring in 1987, are to be elected.
2. Resolutlon Authorizing ~embers of the City Councll to
Subrlt ArguNents Concerning Various Propositlons.
Clty
The purpose of thlS resolution is
CounCll an opportunity to sub~it
to give members of the
arguments in favor of or
against the four propositions to be submitted to the voters. Bv
virtue of Electlons Code Section 5016, the Clty Councilor its
members authorlzed by the Clty Council have priority ln
submitt1ng arguments 1n favor of or against a ballot measure.
If the City Councll deSlres to permlt its members to submlt
arguments 1n favor of or against any proposlt1on, the members so
author1zed should be inserted 1n Sectlon 1.
Elections Code Section 5014.5 authorlzes the submlttal of
rebuttal arguments lf the leglslat1ve body, not later than the
day on WhlCh lt calls an election, adopts the provlsions of
Electlons Code Section 5014.5.
NUMber
6180
(ccs)
adopting the
In connectlon wlth the Ig81
Clty council adopted Resolution
provisions of Elections Code
General
MunlClpal Electlon, the
Bectlon 5014.5.
The resolutlon nrovlded in Section 2:
"That the
proviSlons of Sectlon 1 shall apply at the next ensuing municlpal
4
e
e
election and at each municipal electlon thereafter,
unless
repealed by the leglslative body." Thus, unless the City Council
repeals Resolution NUMber 6180 (CCS), the authors of the arguMent
in favor of any nroposltion wlll be permltted to prepare a
rebuttal to the argument against such proposltlon and the authors
of the argument against any proposltion will be permitted to
prepare a rebuttal to the argument In favor of such proposition.
3.
Resolution
Requestlng
Election Services froM the
Reglstrar of Voters.
ThlS resolution requests that the Registrar of Voters
provlde specifled election serVlces to the Clty Clerk. The Clty
of Santa Monlca will be requlred to relmburse the County of Los
Angeles for the costs of the serVlces rendered.
4. Resolutlon Requestlns Consolldatlon of Electlon.
ThlS resolutlon requests the Board of Supervlsors to
consolidate the Special ~1unlclpal Election Wl th the statewide
primary election.
5. Ordlnance Estab1ishlng Special Procedures for the
Nomination of Candidates.
If
statev'1lde
Control
1984, lf
the SpeClal Municlpal Electlon 15 consolldated with the
prlmary e1ectlon, nomlnation papers for the Rent
Board must be flIed by March 9, 1984, and by March 14,
an lncumbent falls to flle. Accordlngly, one of the
accompanYlng ordlnances provldes a special tiMe perlod for flllng
nomlnatlon papers for the Speclal Munlcipa1 Electlon.
5
e
e
Because
of the short time
period to circulate nomination
20 registeren voters on the
papers, the
ordinance requires
nominatlon
papers.
Although Munlcipal Code Section 11000
requires the slgnatures of 100 reg1stered voters, it is
recommended that only 20 slgnatures be required. Th1S 1S the
number of signatures requ1red by the Elect10ns Code for wunic1pal
elect10ns 1n the absence of special charter or ord1nance
provis1ons of a charter city. (Elections Code Section 22836.)
In add1tlon, the ordinance provides alternative language
for the City Council to select concerning the election of persons
to the Rent Control Board. Because the two seats on the ~ent
Control Board expire at d1fferent t1mes, the Elections Code
provides that the nO~lnee shall indicate Wh1Ch of the two offices
15 be1Dg sought. In effect, there are seoarate contests for each
seat, and it 1S poss1ble that the person rece1v1ng the second
highest number of votes for one seat might obta1n more votes than
the person receiving the h1ghest votes for the second seat.
Accordingly, the City Council nay determ1ne that rather than
having two separate contests, a slngle contest shall be held with
the person receiving the hlghest number of votes being elected to
the longer term and the person receivlng the second h1ghest
nUMber of votes belng elected to the shorter term.
It should be noted that Elections Code Section 23302.5
provides:
Notw1thstanding
ilie
law,
whenever
any other prOV1Slon of
other elections are
consol1dated
with
the statewide general
6
e
e
election, the per~od for the fillng of
nom1nat10n dOcUMents by candidates in
elect~ons
consolidated
wlth the general
election shall
comnence on the 113th day
prior
to
the electlon.
The nOMlnatlon
documents shall be filed not later than 5:00
p.m. on the 88th day prlor to the aeneral
election 1n the offlce of the approprlate
off1cer dur~ng regular off1ce hours.
Because the City's Special Munlcipal Election was not
called at such a tlme to meet the requ1rements of thlS section,
lt 1S not belleved that lt wlll preclude either the consolidation
of the electlon for members of the Rent Control Board or the
speclal nomination procedures provlded by the accompanying
ordinance. The County's interests have been satlsf1ed by having
the filing date correspond to the date set forth in Elections
Code Section 23302.5.
6. Ordlnance Amending Municinal Code Section 11000 to
Conform to E1ectlons Code and Suprewe Court Decision in Snell v.
Jelly.
One of the accompanying ordinances amends Munlclpa1 Code
Section 11000 to change the tiMe for filing nomination papers
fro~ 12:00 p.m. to 5:00 p.m.
7
e
e
RECOMMENDATION
It lS respectfully recommended
1. That the Clty COUDCll adopt the resolutlon call1ng and
glvlng notlce of the Speclal Munlcipal Electlon.
2. That the Clty Cauncll adopt the resolution authorlzing
members of the City Councll to submit arguments concernlng the
VarlOUS proposltioDS.
3. That the Clty Councll adopt the resolutlon requestlng
electlon services from the Reglstrar of Voters.
4. That the Clty Council adopt the resolutlon requestlng
consolldatlon of election.
5. That the Clty COUDCll adopt the ordlnance establlshlng
speclal procedures for the nomlnation of candidates after
selectlng the approprlate alternatlve for subdlvlsion (c).
6. That the Clty Councll adopt the ordlnance amendlng
Munlcipal Code Sectlon 11000.
7. That the City Councll appropriate $95,000 from the
General Fund Reserves to the City Clerk's Electlon Account Number
01-100-212-000-000.
PREPARED BY:
Robert M. Myers, Clty Attorney
8