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SR-8-A (156) - /0'-1-013 e-A fEB 23 1986 CA:RMM:rmd646/hpca City council Meeting 2-23-88 Santa Monica, California STAFF REPORT TO: Mayor and city Council City Attorney FROM: 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 16, 198B, 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. - 1 - 'fB-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. Although 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 - 2 - CA:RMM:rmd647/hpca City Council Meeting 6-23-88 Santa Monica, California RESOLUTION NUMBER (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, 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 - 1 - 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. - 2 - 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. - 3 - SECTION 12. 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. HYERS 0 City Attorney - 4 - CA:RMM:rmd650/hpca City Council Meeting 2-23-88 Santa Monica, California ORDINANCE NUMBER (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. Notwithstanding 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: DO p.m. on March II, 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 II, 1988. - 1 - w 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 619(a) in that it relates to an election. APPROVED AS TO FORM: r'~~ )...-. :::0--- ROBERT M. MYERS City Attorney - 2 -