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CA:RMM:r.md646/hpca
City council Meeting 2-23-88
Santa Monica, California
.
STAFF REPORT
TO:
Mayor and city council
FROM:
City Attorney
SUBJECT:
Resolution and Ordinance Relating to Special
Municipal Election to be Held on June 7, 1988
This Staff Report transmits to the City Council one
resolution and one ordinance for approval in connection with the
1988 Special Municipal Election. The purpose of each resolution
and ordinance is discussed below.
1. Resolution Calling and Giving Notice of the special
Municipal Election.
This resolution provides that the Special Municipal
Election shall be called for and held on June 7, 1988, and takes
various actions to facilitate the election.
2. Ordinance Establishing Special Procedures for the
Nomination of Candidates.
If the Special Municipal Election is consolidated with the
statewide direct primary election, nomination papers for the Rent
Control Board must be filed by March 11, 1988, and by March 161
1988, if an appointed incumbent fails to file. Accordingly, the
accompanying ordinance provides a special time period for filing
nomination papers for the Special Municipal Election.
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€-A
FEe 2 3 1988
Because of the short time period to circulate nomination
papers, the ordinance requires twenty (20) registered voters on
the nomination papers. Al though Municipal Code Section 11000
requires the signatures of 100 registered voters, it is
recommended that only twenty (20) signatures be required. This
is the number of signatures required by the Elections Code for
municipal elections in the absence of special charter or
ordinance provisions of a charter city. (Elections Code Section
22836. )
Other resolutions relating to the election will be
presented to the City Council at its meeting on March 8, 1988.
These resolutions will include a resolution containing the text
of the six ballot measures that the City Attorney has been
requested to draft and a resolution requesting consolidation of
the Special Municipal Election with the statewide direct primary
election.
RECOMMENDATION
It is respectfully recommended that:
1. The city Council adopt the accompanying resolution
calling for and giving notice of the Special Municipal Election.
2. The City Council adopt the accompanying ordinance
establishing special procedures for the nomination of candidates.
PREPARED BY: Robert M. Myers, City Attorney
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,
CA:RMM:rmd647/hpca
City Council Meeting 6-23-88
Santa Monica, California
RESOLUTION NUMBER 7571 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, JUNE 7, 1988
WHEREAS, the city council desires to submit to the voters,
pursuant to Government Code section 34459, one or more proposed
amendments to the City Charter: and
WHEREAS, under the provisions of the City Charter I two
members of the Rent Control Board shall be elected to serve
unexpired terms ending on the first Tuesday following the next
general municipal election: and
WHEREAS, Elections Code section 17050 authorizes the City
council to provide that all ballots cast at the Special Municipal
Election be counted at a central counting place: and
WHEREAS, Elections Code section 5011 authorizes the City
Council to direct the City Clerk to transmit a measure appearing
on the ballot to the City Attorney to prepare an impartial
analysis,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. A Special Municipal Election shall be held in
the City of Santa Monica on June 7, 1988, which is the election
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ordered in accordance with Government Code Section 34459 for the
purpose of submitting one or more proposed amendments to the city
Charter and required for the purposes of filling vacancies filled
by appointment on the Rent Control Board.
SECTION 2. The text of one or more proposed amendments
shall be approved by resolution of the city Council.
SECTION 3. The ballots to be used at the Special Municipal
Election shall be both as to form and matter contained therein
such as may be required by law.
SECTION 4. The city Clerk is authorized, instructed, and
directed to procure and furnish any and all official ballots,
notices, printed matter, and all supplies, equipment, and
paraphernalia that may be necessary in order to properly and
lawfully conduct the Special Municipal Election.
SECTION 5. The polls for the Special Municipal Election
shall be open at 7:00 a.m. of the day of the election and shall
remain open continuously until 8:00 p.m. of the same day when the
polls shall be closed, except as provided in Elections Code
Section 14301.
SECTION 6. The notice of the time and place of holding of
the special Municipal Election is hereby given and the City Clerk
is authorized, instructed, and directed to give such further or
additional notice of the election in the time, form, and manner
required by law.
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SECTION 7. Pursuant to Elections Code section 17050, the
city Clerk is authorized, instructed, and directed to give such
notice of the central counting place in the time, form, and
manner required by law.
SECTION 8. Pursuant to Elections Code section 5011, the
City Clerk is directed to transmit a copy of each measure to be
submitted to the voters to the City Attorney and the city
Attorney is directed to prepare an impartial analysis of each
measure in accordance with the provisions of Elections Code
Section 5011.
SECTION 9. In all particulars not recited in this
Resolution, the Special Municipal Election shall be held and
conducted as provided by law for holding municipal elections in
the city of Santa Monica.
SECTION 10. The City Clerk is directed to send a copy of
this Resolution to the Board of Supervisors of the County of Los
Angeles and to the Registrar of Voters.
SECTION 11. In the event the Special Municipal Election is
consolidated with the statewide General Election on the same
date, the provisions of this Resolution applicable only in the
event the election is conducted by the City shall be of no force
or effect.
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SECTION 12. The City Clerk shall certify to the adoption
of this Resolutionl and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~ \..v-.". \
ROBERT M. MYER~
City Attorney
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Adopted and
ebruary, 1988.
Mayor
-----
I hereby certify that the foregoing Resolution No. 7571(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on February 23, 1988 by the following
Council vote:
Ayes: Councilmembers: Jennings, A. Ka t z , H. Katz, Reed,
Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: Finkel
Absent: Councilmembers: None
ATTEST:
~. (L(!1totLVr
A~rlg~ Clerk
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VOTE' Affirmat~ve:
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Absent.
PROOF VOTE~ WITH ANOTHER'PER~DN BEFORE A~~THING
DIS-rRlnu"TION: uKIGINAi. "[.(f.be signed; sealed aud
,- ....
BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION #
Agenda Item #
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Councll Meetlng Date
Was it amended?
FOR CITY C~ERK1S ACTION
ORDINANCE It /ys> s-
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Adopted: % .s / J>;? _
AIJ-iAYS PUBLISH AOOPT1:JJ ORDINANCES*
*Cross out Attorney' s approval
Introduced:
(certlfled?)
SubJect file (agenda packet) 1
~gency ment~oned in document or staff report
"filed In Vault
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Counter file I
Others: (Review for depad..iia:mts who need. to Jcnc:M).
Alrport
Parking Auth.
NEWSPAPER PUBLICATION (Date: kd~-.S?~-/ 7" t'tI' )
Department oTlginating staff report ( * )
*City Attorney does not want copies of his ordinances or resolutionS.
Management Ser~~~e~ Lynne Ba~rette 0rdinances only
Auditorum
Personnel
BuildIng Dept.
Planning
Police (en-
forcement?)
Cu.llLll.1!ll ty and Econc:nuc Dev.
FInance
Purchasing
Fire
Recr/parks
General Servo
Transportatlon
LIbrary
Treasurer
t-1anager
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SEND FOUP. COP IES OF ALL ORDINANCES TO:
CODED SYSTEMS, At~n Peter Maciearie
.\.:)O'''1p.ln-.!'''tT~et ~
A'oJ r; . I \T ~ w J e r s e y _ 0 7. 7 1 7 ." ,
SEND FOUR COPIES OF Al~. ORDTNANrFS ~O:
D~~~ ~yr~ck .
~A~rA MONICA MUNICfPAL COURT
;725 MAIN STREE~ Room 118
SMJTA I-.fONICA, CA 90401
.
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*Check COde Sect~ons J::::.efor~ ser,.
TOTAL COPIES
/5-
CA:RMM:rmd650/hpca
City council Meeting 2-23-88
Santa Monica, California
ORDINANCE NUMBER 1435(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING NOMINATION AND
ELECTION PROCEDURES FOR THE ELECTION OF MEMBERS OF
THE RENT CONTROL BOARD AT THE JUNE 7, 1988 SPECIAL
MUNICIPAL ELECTION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Notwi thstanding the provisions of Municipal
Code section 11000 or any other provision of law, the following
procedures shall govern the election of members to the Rent
Control Board at the June 7, 1988, Special Municipal Election.
(a) Not earlier than February 24, 1988, nor later than
5:00 p.m. on March 11, 1988, voters may nominate candidates for
election by signing a nomination paper.
(b) Each candidate shall be proposed by not less than
twenty (20) registered voters, but only one candidate may be
named in anyone nomination petition.
(c) If nomination papers for any appointed incumbent of
the Rent Control Board are not filed by 5: 00 p. m. on March 11,
1988, the voters shall have until 5:00 p.m. on March 16, 1988, to
nominate candidates other than a person who was an appointed
incumbent on March 11, 1988.
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SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective on the date of its adoption in accordance with City
Charter Section 6l9(a) in that it relates to an election.
APPROVED AS TO FORM:
~~~
ROBERT M. MYERS
city Attorney
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I hereby certify that th
Adopted and approved
-----
Mayor
Ordinance No. 1435(CCS)
was duly and regularly introduced at a meeting of the City
council on the 23rd day of February 1988: that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 23rd day of February 1988 by the following Council vote:
Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed,
Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: Finkel
Absent: Councilmembers: None
ATTEST:
~~~~~r
~til/1~5ty Clerk