SR-11-A (44)
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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~
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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
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SANTA MONICA UllifiEd school district
1723 Fourth Street. Santa Monica. California 90401 . (213) 393-2785
"
October 30; 1978
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Ms. Joyce Snyder r .. ...j,} -ij ~-:
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Santa Monica City Clerk ~ ::l:. -;c( !:
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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
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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}
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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.
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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
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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-
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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
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