SR-9-A (77)
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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
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Mayor and CIty CouncIl
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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
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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.
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~: ~('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.
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... . 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
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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
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c~;:\ R~_{: S3S P=1C
COG.i1Cl1 :1-c\.
12-12-7 II
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SantttMOnlca, Cal _ornla
rlght of appeal.
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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
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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.
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~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
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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.
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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:
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. 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?
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YES
:.JO
YES
NO
CA'- a~ :~~ : S S S : r~lC
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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 -
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ADOPTED AND APPROVED THIS
12th
DAY
OF
December
~ 1978.
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/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:
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:<!1~/-CL
CI/T~' ({ERK
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