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SR-9-A (77) . ~ . /olj....OhLl . REV I SED Santa MonIca, CalIfornIa, December 8, 1978 qA DEe 1 2 '978 TO Mayor and CIty Council FROM CIty Clerk and City Attorney SUBJECT' CallIng of ElectIon and Placement of Charter Amendment on Ballot for ElectIon of AprIl la, 1979 IntroductIon ThIS report transmIts a recommendation for adoptIon of a resolutIon callIng a General MunIcipal Election on AprIl 10, 1979. Background SectIon 1400 of the Santa MonIca Charter reqUIres that a General MunIcipal Election be held on AprIl 10, 1979. In additIon, the CIty CounCIl has approved the placement of two charter amendments on the ballot of that electIon as fol1o~s' 1. CreatIon of a separate CommunIty College GovernIng Board. 2. Amendments to Section 1110 of the Charter regardIng personnel regulatIons. RecommendatIon The elements necessary to call the electIon and place the aforementIoned charter amendments on the ballot are Included In the attached resolutIon It IS recommended that the resolu- tlon be adopted and the Mayor appolnt Councllmcmhers, staff or ~14 DfC 1 2 1978 e e Mayor and CIty CouncIl -2- December 8, 1978 others to WYlte the argument in favor of the proposed charter amendments. The deadline for submIttal of arguments IS December 26, 1978. Prepared by: Joyce SnIder Stephen Stark e e Santa MonIca, CalifornIa, December 11, 1978 TO Mayor and CIty Council FROM City Clerk SUBJECT: Regulations for ~funIcIpal Election of AprIl 10, 1979 Payment for PrIntIng of CandIdate's Statement SectIon 10012 of the ElectIons Code states that the CouncIl shall determIne whether a charge shall be leVIed agaInst candidates for prInting of their CandIdate's Statement. Such a charge would Include the cost of printIng and Spanish translatIon of a 200 word statement and would be approxImately $175. Pursuant to thlS Code provisIon, the CouncIl should approve a motion that WIll reflect theIr wishes. e ~: ~('OfIVIATION ONLY Santa MonIca, CalifornIa, December 8, 1978 TO Mayor and City CouncIl FROM City Clerk SUBJECT: Option available to the C1ty Council In regard to certaIn electIon provisions Pursuant to SectIon 5014 5 of the State ElectIon Code, the CIty CouncIl voted to prOVIde for submittal of rebuttals to arguments. This was done when the resolu- tIon was adopted callIng a SpecIal ElectIon for June 6, 1978. That provIsion ~lll obtaln unless repealed by the CouncIl on December 12, 1978. .-C' "'JTI' ~C'C' -)' Y _ , .!:'C.LJ':::' ~ ~ : ., c ... . Councl1 Htg. 12-1.8 sane t10nlcal Callfornla RESOLU'I'ION UO. SlSS(CCS) (Clty Counc11 Ser1es) A RESOLUTIOlJ or ':'HE CITY COU~CIL OF THE CITY OF SANTA MONICA SETTING A GElmRi\L r1u~nCIPAJ--, ELEcr.~ION Df\.TE FOR THE 10TH DAY OF APIUL1 1979 i'lHD PROPOSING THAT PROPOSI'I'IO:"~ nAil f Ai; AI1ENDfm:iT 70 SECTIO:';- 1110 OF THE CHARTER OF ':'HE CITY OF SAXTA HONICA AllD THAT PROPOS ITIO?J n Ell f CONCEHNING ':L'H:C CREA':L'IQN OF A CO;;'ll'1U~HTY COLLEGE GOVBRNII~G BOA?D, BE SU3tlITTED TO TrIE QUALIFIED ELEC'i'ORS A.T THAT ELECTION. mrcm:::AS, by Sectlon 1400 of the Santa i1on1ca C1 ty Charter, qeneral 8un1c1pal electlOr.s for the flll1ng of elec- t1ve offlces s~all be held on the second Tuesday 1n Aprll 1n eacn odd nUIlbered year; and r'".'HERl~AS, three Councll seats are to be fllled; and hTHE:s.EAS I the Personnel Board has recoPL'1ended partl- cular :r1od.1flcat1ons 1n personnel and enploynent pract1ces, ell~lnatlng or clarlfYlng references to gender, 1~ak1ng certa1n \Vordlng changes and correct1ng TInnor graITUTlatical errors, all herelhafter re::erred to as Propos1t1on "A"; and t..iHERElI.S, the sugge sted amendments to Sectlon 1110 of the San~a lbn1ca ~unlclpal Charter, known as Proposltlon n,\n 1. must be sub~~tted to the quallflcd electors of the C1ty of Santa :'lor:1ca; and 'I"m:2R2AS, unaer eXlstlng la,or, the Santa l<IoDlca School CA RLX:SSS:df COUn.C 11 l"ltg. 12-1.8 Santa M~lca, Cal1fornla Dlstrlct and the Communlty College Dlstrlct are governed by the saille governlng board; and WHEREAS, Cal1fornla Senate Bll1 ~o. 2100, Chapter 334, Statutes of 1978, ellffilnates any heretofore eXlstlng legal barrlers to the establlshment of a se?arate governlng board for the Co~munlty College Dlstrlct; and WHEREAS, the dutles and responslbllltles of the Governlng Board of the Santa Monlca School Dlstrlct and the Comnunlty College Dlstrlct have beco~e lncreaslngly complex and tlme consumlngj and WHEREAS, Callfornla Senate E1II No. 2100 authorlzes tr-!e Cl ty Councll of the C 1 ty of Santa Honlca to place by res- olutlon on the ballot, hereln referred to as Proposlt1on "B", ~he questlon of whether the Clty Charter, Artlcle IX, Sectlon 900 et. seq., should be amended to allow the formatlon of a separate governlng board for the Communlty College Dlstrlct. NOW, THEREFORE, the Clty Councll of the Clty of Santa MO~lca does hereby resolve as follows: SECTION 1. A general munlclpal electlon shall be held In the Clty of Santa r10nlca on the 10th day of Aprll, 1979. SECTION 2. Pursuant to Callfornla Electlons Code Sectlons 22830 and 22835, the Clty Clerk, not earl1er than the 89th nor later than the 75th day before the electlon shall publlSh a notlce of the electlon pursuant to Callfornla Gover~ent -2- C;.... RLi-':: SSS: nc Councll r~tg. 12-12. san.f10nlca, Callfornla Code SeetloD 6061. The notlce shall be publlshed lD The Evenlng OutlooK, the offlclal newspaper of the Clty of Santa ~lonlca. It shall be headed. "Notlce of Electlon", and shall contaln d state8ent of: (a) TIle tlI"Je af t~le electlon; (b) The afflcss to be fllled, speclfYlng full tern or short tern, as the case may be; A synops13 of ballot Feasures hereln called Proposltlons "A" and "B" shall be pu:i:Jllshecl pursuant to Government Code Seetlon 34458. SLCTIO~\ 3. The polls for sald electlon shall be oper.. at 7: 00 A.I!. on tJle da~{ or sald electlon and shall remaln open contlTIuously fror sald tlDe untll 8:00 P.ll. on the same day~when sald polls shall be closed, except as provlded ln SeetloD 5734 of the Electlons Code of the State of Callfornla. S:CC'.L'IO~\ 4. The follmnng neasures are to be sub:[1ll tted to the quallfled electors of the Clty of Santa Nonlca. a. ProposltlOD "Air relatlve to the amendment of SeetloD 1110 of the C~arter of the Clty of Santa l~nlca to read as follov.;s: sr:; C'.l'ION 1110. SUSPr::~.JSIO~J, DEnOTIO~I A:.m DISHISSAL. 7he Clty CouDell and all offlcers havlng appolntlve authoTlty are vested ~lth the rlaht to exerClse the dlsclpllnary and re~oval powers herelnafter provlded. An employee servlng a probatlonary perlod In an offlce, pOSl tlOn. or ePlploynent, shall be sU~J ect to removal therefro:-'l -3- c~;:\ R~_{: S3S P=1C COG.i1Cl1 :1-c\. 12-12-7 II /' ( SantttMOnlca, Cal _ornla rlght of appeal. ( An e~ployee, other than one servlng a probatlonary perlod, holdlr.g a posltlon In the Classlrled Servlce shall be subJect to 1) suspenSlon wlthout pay for a perlod of not exceedlng thlrty (3D) days In anyone (1) calendar year; 2} to demotlon, or re~ovaI froIT- hls/her posltlon for mlsconduct, lncompetency, inefflclency or for fallure to observe the rules or regulatlons of the department, office or agency, or to co-operate reasonably wlth hls/her superlor or fello\v enployees bu~ subJect to the rlght of the employee to appeal to the Personnel Board In the nanner set forth hereln. Such employee shall be entltled to recelve upon request, at t~e offlce of the board or offlcer taklng such actlon, not later than the tenth calendar day thereafter, a wr1tten state~ent In whlcn ( shall be stated separately each of the charges agalTIst the e!lployee upon WhlC~ suspenslon, demotlon or reno\Tal lS based, a copy of WhlCh statenent snaIl be furnlshed by the Secretary of the Personnel Board. ; ~he e~ployee shall have ten (10) calendar days after the recelpt of such staterent of charges to flle an answer to such charges should he or she deSlre to do so. The answer shall be flIed in the office of the Clty Clerk and "nth the Secretary of the Personnel Board. In the answer, such e~ployee may request a hearlng by the Personnel Board to reVlew such sUspenslo~ dGrotlon or removal WhlCh shall be called and held as provlded for lD the rules and regulat10ns. Hearlngs nay be conducted lnformally and t~e rules '-- -4- CA RL:C : S:F : mc Cou~cll H\:::. 12-12-_ sant1lJonlca, call( rnla of eVldence need not apply. The Personnel Board shall make wrltten flndlngs, concluslons ane reco~~endatlons which shall state for each charge whether or not such charqe lS sustalned and whether Just cause eXlsts for dlsclpllne. If, wlth respect to a derr.otlon, such Personnel Board shall conclude that such demotion or removal was wlthout just cause, a recOIT~endatlon by It of relnstatement wlthout loss of pay shall be blndlng upon the appo1ntlng power who forthwlth shall order such relnstatement and ln such event the concluslons and recommendatlon of the Personnel Board shall be f1nal and no appeal may be taken therefrom.. If the Personnel Board concludes that such denot1on or remo~al was wlth Just cause, any recoIT~endatlon by It shall be advlsory only and shall not be blnding on the appointlng power and ln such 1nstance and 1n the 1nstance of a suspcnslon the dec1s1on of the appol~t1ng p01"rer shall be flnal and no appeal may be taken therefrom. Vacancles created under thlS sectlon may be filled by the appoint1ng author1ty by te~porary appolnt~ent pendlug the completlon of any proceed1ngs taken hereunder. A reductlon in pay shall be a demot1on, under thlS sectlon, unless It 1S a part of a plan to reduce salarles and wages lD connec- tlon w1th a general economy or curta1lment prograD. A fallure to grant an lncrease to an lnclvldual at a t1me when increases are granted generally as a part of a plan to 1ncrease salarles and wages throughout the Clty serVlce shall llkew1se be a de~otlon. -5- c::.::. 2.~~:-:: s s:; : fL1 C Cour:cll ~ItS. 12-1_8 Santa ~ilJlca, Callfornla b. Proposltlon"Brr relatlve to the est.abllshment of a separate Board of Trustees for the Santa Monlca COMQUnlty College Dlstrlct as reco~~ended for placement on the ballot at the Santa I:Ionlca Clty CauDcl.l Ileetlng on !\ovember 28, 1978, Item 11A. S8CTIOY~. Upon the ballots to be used at such regular nunlClpal electlon, and In addltlon to the other matters requlred by law, there should be prlnted substantlally the folloWl:lq: -6- e -- . PROPOSITION "A". PERSONNEL CHARTER AHE:'m~1ENTS. .Shall certaln anendments, as proposed, to .Seetlon 1110 of the Charter of the Clty of .Santa Monlca provldlng for partlcular modl- .catlons and personnel a~d enployment practlces, .ell~lnatl~g or clarlrYlng references to gender, .maklng certaln wordlng changes, and correctlng .ffilnor gra~~atlcal errors, be adopted? . PROPOSITION liB". ESTABLISH~1ENT OF SEPARATE .BOARD FOR SANTA MONICA CO~~UNITY DIS?RICT. .Shall the Charter of the Clty of Santa MODlca .be amended to provlde for a new, separate .governlng board for the Co~munlty College .Dlstrlct lnstead of havlng the saITle goverrang .board for both the Santa ~onlca Scnool Dlstrlct .and the CONnUnlty College Dlstrlct? -7- YES :.JO YES NO CA'- a~ :~~ : S S S : r~lC ,- Counell I1tg. 1.-78 santa4IJnlca, Call=ornla SEC'I'ION 6. 'I'11~ t1ayor lS hereby authorlzed and dlreeted to appolnt eo~nlttees of three wenbers of the Clty COUliCll to prepare a ballot arguITlent on behalf of those f"er'1bers of the Cltu COUDC1I supportlng the forma- tlon of a new goverrnng board for the COfilr.:lUDl ty College and ::or those merners of the Clty Councll supportlDg PrO;?OSl tlon "A II . SI::CTIO:-.; 7. The Cl~Y Attorney lS dlrectec to pre?are an lInpartlal analysls of Proposl tlons "A" and "B" herelnbefore outllned pursuant to BeetloD 5010.5 of the Governnent Code of The State of Callfornla. SECTIO~.J 8. The Clty Clerk shall eertlfy to the ac.ortlon of tins resol UtlOD ana. thenceforth and t:1erea:!:ter, the sane shall be lD full force and effect. li.PPRO\lED AS TO rOPl~~ 01;~ SkM€ S~d< A~~ CITY A'I'TOK~I~Y - ..- r. e e ADOPTED AND APPROVED THIS 12th DAY OF December ~ 1978. ./ /'" /b~H ,~,~4~ L-L~__ --- r"l~Ycfu PRO TEMPORE I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION~ No. 5158 ~ WAS DULY ADOPTED BY THE CITY COUNCIL OF THE (ITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON De~ember 12 1 1978 BY THE FOLLOWING COUNCIL VOTE~ AYES: COUNCILMEMBERS: Baflbrick, Cohen, Reed, Scott, Trlves, van den Steenhoven, SWInk NOES: COUNCILMEMBERS: Kane I~BSEtn : (OUNCILMEMBERS: ~one ABSTAIN: (OUNCILMEMBERS: None ATTEST: /) ; :<!1~/-CL CI/T~' ({ERK ./" ~::::-:" ~~ , , '-- --:;x:<--<~