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SR-11-A (44) -- . /()'1-0b'l /111 DATE; November 20, 1978 NDV 2 8 1978 TO: Mayor and City Council FROM. Ci ty Clerk SUBJECT: A recommendation for placement on the ballot for the MunIcIpal Election to be held April 10, 1979 the questIon of whether a new and separate CommunIty College District GovernIng Board shall be established Introduction At a joint meetIng of the Santa MonIca UnIfied School District and Santa Monica Community College District on Monday, October 23, 1978 it was unanimously agreed by adoptIon of a resolution to place on the ballot the question of whether a new and separate Community College District GovernIng Board shall be established as prOVIded In Senate Bill 2100, Chapter 334, Statutes of 19i8. Background- The members of the Santa Monica UnifIed School DIstrict Board of EducatIon presently also sit as the members of the GovernIng Board of the Santa Monica CommunIty College DIstrIct. Over a perIod of tIme the duties and responslbllitles of the two Boards have become increasingly complex and tIMe consuming. The Board members therefore desire to provide for separate personnel to sit on the two Boards. The procedure as set out In Senate BIll 2100, Chapter 334, In the opInion of the City Attorney, elImInates any hItherto eXIsting legal barriers to the placement of such a question on the ballot in April of 1979. The usual statutory prOVISIons with respect to electIons are applIcable. In view of the foregoing facts, the only procedure avaIlable to Implement the request of the Board of Education IS the placement of a ballot measure on the ballot of the Munlcipal ElectIon to be held in Santa Monica on Aprll 10, 1978. //4 NOV 2 8 197e~ -- . RecommendatIon It is recommended that the CIty Attorney be dIrected to formulate the wording for a ballot measure and prepare the necessary analysis for a resolutIon to be submItted to the City Council at its regular meeting to be held on January 9, 1979 in order that the reSIdents of Santa Monica may vote on the measure on APTIl 10, 1979. An opInIon has been requested of the CIty Attorney as to whether thIS measure WIll be a charter amendment or an ordinance. SInce ArtIcle IX, SectIon 900 et seq of the Santa MonIca MunICIpal Charter governs the election of the Board of EducatIon, It seems lIkely that thIS measure WIll take the form of a charter amendment. Prepared by: Joyce Snider E~C City Atty's Opinion 11/3/78 SB#2l00, Ch 334 ltr - 8M Unified School District 10/30/78 reso - SM UnIfied School DIstrict 10/23/78 -- -- SANTA MONICA UllifiEd school district 1723 Fourth Street. Santa Monica. California 90401 . (213) 393-2785 " October 30; 1978 en :z:. <:) )lP ~ ....,.." z -\ ':.-,.,:;0 )> -i-fT1 X -< ("") (-} 0 ... .--;'"1 .~t~ ::z; - r -, ....:: C') C- :P- L .- . r'"~ Ms. Joyce Snyder r .. ...j,} -ij ~-: n Santa Monica City Clerk ~ ::l:. -;c( !: 1685 Main Street !:: --' i .. I .,., c::c Santa Mon i ca , CA 90401 Dear Ms. Snyder: We are writing to notify you that at a joint meeting of the Santa Monica Unified School District and Santa Monica Community College District on Monday, October 23, 1978 it was unanimously agreed to place on the ballot the question of whether a new separate Community C011ege District Governing Board shall be established as provided in Senate Bill 2100, Chapter 334, Statutes of 1978. Pursuant to this decision the attached resolution was signed by the members of the Board present. GLC/pm :z:~y~ GEORGE L. CALDWELL Secretary, Board of Education Att. cc: Dr. Richard L. Moore Dr. Richard F. Wales Los Angeles County Supt1s. Office BOARD 0" EDUCATION Fred l Beteta presldenr Dr le<J Brelman, Vice president SchIller A. Colberg David E Houtz Ilona Jo Katz John T Noonan Cairn C Petrie Dr George L Caldwell supeTlentendent .- -- -- RESOLUTION WHEREAS, Senate Bill 210~. Chapter 334, Statutes of 1978, approved and filed July 4, 1978, empowers the Governing Board of the San~a Monica Unified School District to have placed on the ballot the q~estion of whether a new separate Community College District Governing Board shall he established, IT IS HEREBY RESOLVED BY THE GOVERNING BOARD of the SANTA MONICA UN!FIED SCHOOL DISTRICT that: 1. The City of Santa Monica call and conduct an election in the territory of the Santa Monica Unified School and Community College Districts in connection with the regular election of Apri I 10, 1979, for the purpose of al towing the voters to decide whether or not to estab- lish a new separate Governing Board for the Santa Monica ommunity College District. 2. Should the voters approve the ballot measure, ~ach m~mber of the Governing Board of the Santa Monica Unified School District shall choose ir- revocably on or before December 31, 1980, at a public meeting of the Board, upon which Board of the two Boards the member shall serve as required by Senate Bill 2100. 3. Should the voters approve the ballot measure. the new separate Community College Governing Board shall be established, effective April 14, 1981, as set fo~th in Senate Bill 2100. {continued} ,... -- . RESOLUTION Page #2 IT IS SO ORDERED. IN WITNESS of the adoption of the foregoing Resolution, we, the Members of the Governing Board of the Santa Monica Unified School District present and voting in favor thereof. have here- unto set our hands this 23rd day of October. 1978, at Santa Monica, Ca I i forn i a. .~f1(;r~ ~;;Z ~.~ . VA~ ~ -,.," -, - "- , -----.; ~1/M4_~ " . Members of the Governing Board J J CA RLK: GY: lcY"r- CITY ATTORNEY OPINION Op~nlon No. 78-181, November 3, 1978 SUBJECT: Board of Educatlon Issue - Placement on Aprll 1979 Ballot REQUESTED BY: Joyce Snlder, Clty Clerk OPINION BY: Gary K. Yano, Deputy Clty Attorney QUESTION PRESENTED What 15 the procedure to be followed In placlng on the Aprll, 1979 ballot the questlon of whether a new separate Board of Trustees of the Santa Monlca Communlty College Dlstrlct shall be establlshed? More spec1flcally, are there any legal barr1ers to the placement of such a questlon on the Apr~l, 1979 ballot? CONCLUSION The procedure to be followed fOr placement of the questlon of whether a new separate governlng board for the COmMUTIlty College Dlstrlct shall be establlshed lS set out In Senate Blll Number 2100, Chapter 334, a copy of Whlch 15 attached hereto as Exhlblt "An. ThlS Senate Blll ellm~nates any hltherto eXl$tlng legal barr~ers to the placement of such a questlon on the ballot In Aprll, 1979. ANALYSIS The recently enacted Senate E1Il 2100, 1977-78 -- - Ch.333 STATUTES OF 1978 (e) Sueb local agency or entIty sball bave the power to acquire, construct. main tain, and operate works. fat'ilities. improyement~ and property neeessary forth;. provision, generation. and deIlvery of bydroelectric power pursuant to SUbdlflSIm;; (c) and (d) ot thl8 !leCtion. SEe 2 (Urgency statute) A.pproved and tiled July 4, 1918 SCHOOLS AND SCHOOL DISTRICTS-SANTA MONICA- GOVERNING BOARD CHAPTER 334 SENA.TE BILL:SO 2100 An act relatln, to achool dl.trlct ,overnlll' board.. LEGISLATIVE COrXSEL'S DIGEST Lnder existing law tbe Santa Monica Bchool district and com- mumty college district are governed by the same governing board This bUl would autborly.e the go\"erlltng board of the Sa.nta :Monica Unified School District to bne placed on the ballot at the April uno regular electIOn the question of whether a new separate eommuntty college district governing board shall be established, 8ubJect to detailed provisIons govemlDg the establishment and e.J.eetloD of tbe DeW board . The people of the State of CaZitQr7liIJ tlO enact GI foZknc,; SECTION 1 (al The governing board of the Santa Monica Unified School Dis- trict may (1) By resoiution, have placed on the ballot ot tbe A.pnl lOr 1979, regular elec- tlon, the question of whether a new separate governing board tor the commuDlty college district shall be established. effective April 14. 1981, In the manner pro- vided for by subdivision (b) of this section, whIch sball be an integral part of the ballot melL!lure It a majorIty ot all VOtell CaBt are CBSt in favor of the question, the question carries, and the provisiol1l! of subdinsfon {b} of this section shall apply (b) Except Ill! otherwise provided in tbis act. tbe pew community college district governing board shall be elected. organized. tuld otherwise governed in accord- ance with tbe statutory law The governing board of the unified school district shall oonUnue in enatenee and be llubject to the provlsloUll of the city cbarter pertaJn!ng to itB organir.ation alJd CODlpollitiou Il8 heretofore provided. Each mem- ber of the governing board of the uullied sebooJ district shall choose irrevocably. on or before I>eeember 31. 1980. at a public meeting of the board, upon whicb of the two boards the member 8ball Berve The community college district: gov- erning board BO created llhAll be compoeed at the same number of mem.berg lIB the govern1llg board ot the olfied BChool district SEe 2. (a) U an individual l!I@~ on the governfDg board of IJneb unlfied eebooi district cbOOlle8 to !ene OD tbe new commUDlty college district goverDlng board. such cboiee shall be deemed to have ~reated a vacanq 1D sueIl 1Dd1vidual's membership on the IOvernlDg board of the 'miffed scllool district. effective on the second Tue8da:y in April, 1981, except in lUll Instance where ~ term. would other- 874 CIl..... or ",Iltl,.. I, text are iadlcl.tetI It)' ..kllnt EXHIBIT ! wise e:!l:pne by tbe city or In part \'01 If an tflct '\("ho.;e college dlSI bOllrd shill an indlvid' lerll1 expir trlct gover brdeemed leI It IU trIct choO' fled sch(lO college dl' college bo tnct gO",,",l On the college dl' to flU thi CIty chari members. pire in A members ~acllncles (d1 If jng boar' the term fice on t time T at the A (el If board of termS of In tbe c and tbl;' fled sch member' Tuesday board, e of such (f1 It of the eltplran If any neW co the ~n four-ye Tbe co' ments , (gl F college mUDIty the elE be\d p CbaptE APP del,tlc , -- -- , 1977-1978 REGULAR SESSION Ch. 334 wise expire on that date Such l/lCaney shall be filled in the manner prescribed by the city cbarter of the city in which the unifk!d district l8 located, in woole or In part (b) If an mdlvidual serving on the governing board of the unU'iE'd IlChool dis- trIct whose term e:tpires In April of ]981 chooses to serve on tbe new rommunitJ' college distMct governing board, tben the term of office on the community college board shall be deemed to commence on the serond Tuesday in April 1981, aDd if an indiHdual serving on the governing board ot tbe unitJed school district whose term expires in April of 1983 chooses to serve on tlIe new community conege dill- triet governmg board, then the term of office on tbe community college board sllall be deemed to expIre on the second Tuesday in April, ]983, (cl If an mdl\ldu81 8enmg on the governing board of the unifIed IlChool dis- trIct chooSE'S to continue to serve as a member or the governing board of tbe uni- fied school distrIct, tbe member shalJ ne\ertheless sen'e also on tbe community college district governwg board but only until the member'!l SUceesBOr on such college board IS elected at the election fot members of the community college dis- trict governing board provided for herem and bas ll8Sumed oUice On the second Tuesday in Aprll 198], an election shall be held In the community coll~ge dlstrlet to elect members to tbe community college distriet governing board to fill the positlOn!- of the go\-erning board members wboBe terms pursuant to the cIty charter are scheduled to expire in AprIl of 1{181, and other governing board members, If any, whose terms pursuant to tbe city cbarter are scheduled to ex- illre III April of 1983, and who bave chosen, pursuant to tbls section to BerTe as members of the governing board of the unified school dIstrict only, thus leaving lacanCles in commumty college go\-erning board positIOns (d'l It the term ot office of an individual who chooses to serve on tbe govern. ing board of the uUlfn~d scbool 41strlet expires in April 1981, in accordance with the terms of the city charter mentioned In subdinston (ai, then the term. of of- fice on the rommumty collegE' distrIct board shall be deemed to commence at that time The member';: successor on the commumty coIlege dlstrkt board, eled:ed at the Apnl 1981 election, shall be elected to serve for a term of four yeat'll (el If the term of Of!Ie<f' of an mdividual choosing to serve on the governing board of the Unified school distnct expiret: In April 1983, In accordance with the terms ot the efty charter mentioned in subdivision (a), tben tbe terms of office in tbe community college di!ltrlct board shall be deemed to expire at tlJat time, and the member's chOice to contlOue to Ilene on the governing board of the uni- fied school district shall be deemed to ha\'e created a vacancy 10 the member"s membership on the communIty college distrIct board commencing on the second Tuesday in AptIl, 1~1 The member"s successor to the community college district board, elected at the Aptll 1981 election as prOvided be rem, shaU serve the remainder ot such unexpired terID ending on the second Tuesday in April, 1983 (fl It is the Intent ot the Legislature that the terms of office of tbe members of the nell' COIDmuDlty college distrJct governing board be staggered a8 regards expirations so that some t~reo! shaH expire In April of eacb odd-numbered year It any question should arise in April ]981 concerning whether a member ot the new community college governing board 15 to serve for a tour-year term or for the renJalllmg two yeats of a term, the matter shall be reso)Yed by assigning tbe four-year terms to the four members recewing the greatest numbers of votes The county supermtendent at schools shall make any determinations and JlB8lgn- meat!: neceSSary for these purposes (g) FolJowmg the tltst election of members to the newly created community college distr1ct board, all 5u~uent reguiar elections for members ot tbe com- munity college disttJct go\'ernini board may be held on tbe same date upon which the eJectIOn for members of the governing hoard ot the untfied school district Is bf!ld pursuant to cUy charter and Article 3 (commencing with Section 5340) of Chapter 3 of Part 4 of the Edueation C~ Approvw and filed July 4, ]978 ..aellons by Isterlaks .. .. .. 875 o . i [] .