SR-11-F (5)
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DEe 12 1989
Santa Monica, California
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CA:RMM:rmdlOl0jhpca
Clty Council Meeting 12-12-89
/O'l-tf)CJCJ-05-
STAFF REPORT
SUBJECT:
Mayor and City Council
City Attorney
City Council Options and Resolutions Relating to
the Referendum Petition Against Resolution Number
7917 (CCS)
TO:
FROM:
This Staff Report transmits to the City council four
resolutions for its consideration in connection with the
Referendum Petition filed against Resolution Number 7917 (CCS),
which adopted General Plan Amendment Number 11 ("GPA No. 1111)
relating to the Santa Monica Municipal Airport Residual Land
Project.
Following the City Council's approval of GPA No. 11 on
October 10, 1989, a Referendum Petition was circulated against
the city Council's action.
This Referendum has now been
certified as having the requisite number of valid signatures.
CITY COUNCIL OPTIONS REGARDING THE REFERENDUM
Ordinarily, the rules governing city council consideration
of a Referendum Petition are limited. However, recent changes in
the state elections law, which are not effective until January I,
1990, add an element of uncertainty to our legal analysis.
Under present law, once the city clerk has determined that
a Referendum Petition contains the requisite number of registered
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voters' signatures, the Clerk must certify the results to the
city Council at its next regular meeting. California Elections
Code Section 3708. Under present law, when the City Council acts
on the Referendum, the City Council has but two choices. It can
entirely repeal the legislation that is subject to the Referendum
or it can order a Referendum election. California Elections Code
section 4055. If an election is called, under the current
version of Section 4055, it shall be held:
either at a regular municipal election
occurring not less than 88 days nor more
than 103 days after the order of the
legislative body or at a special election
called for the purpose not less than 88
days after the order of the legislative
body. To avoid holding more than one
special election within any six months,
the date for holding the special election
may be fixed later than 103 days, but at
as early a date as practicable after the
expiration of the six months from the
last special election.
Through the current version of Section 4055, the
Legislature apparently intended to have Referendum elections held
relatively promptly after the petitions are certified. Whether
the election would be labeled a flspecial" or "regular" election
mattered less than that it be held between 88 and 103 days after
it is ordered.
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Effective January 1, 1990, Section 4055 changes. Under the
new version of the law, the City Council still has but two
choices: either to repeal Resolution Number 7917 (CCS) or set it
before the voters. However, the options of when an election can
be scheduled have been broadened. Under new Section 4055, the
City Council shall submit the matter to the voters:
either at the next regular municipal
election occurring not less than 88 days
after the order of the legislative body
or at a special election called for the
purpose not less than 88 days after the
order of the legislative body. Chapter
983, section 8, statutes of 1989.
Eliminated under the new version of the section is the
requirement that the election be held not later than 103 days
after it is ordered. As is obvious, this modification opens up
many more dates for when an election can occur and makes it much
more possible to have Referendum elections coincide with
"regular" municipal or otherwise occurring state or county
elections.
Despite these changes to the law, the new version of
section 4055 may be of somewhat academic interest. If the City
Council acts and orders an election on the Referendum before
January 1, 1990, it will necessarily do so under the present law
and its limits. Consequently, prior to January 1, 1990, if the
City Council orders a Referendum election, the city Council will
need to schedule a special election to be held between 88 and 103
days later. The next regular municipal election will not occur
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until November 6, 1990, well beyond the 103 day limit established
by the current version of section 4055.
Certain legal principles circumscribe the options that the
City Council possess with respect to these two versions of
Section 4055. Principal among these is the well-established rule
that a legislature can only exercise the power it possesses. In
other words, the city council cannot act under the authority of
the new version of Section 4055 before that authority matures on
January 1, 1990.
The other limitation on the City Council is found
implicitly in the Elections Code. Although it has never been an
issue previously, this office interprets Elections Code Sections
3708 and 4055 as requiring the City Council to act on a
Referendum Petition reasonably promptly after the City Clerk
certifies that it contains the proper number of signatures.
Unlike an initiative, which must be considered by the City
Council at the meeting it is first presented by the city Clerk, a
Referendum is not so expressly constrained. Elections Code
Sections 3709 and 4055. However, while the Elections Code
contains no explicit direction with regard to when a Referendum
Petition must be considered, this does not mean that the city
Council can forever ignore a certified Referendum. Rather,
following time-honored rules of statutory construction, we
believe that the absence of a time specific direction means that
the city council must act reasonably promptly on the Referendum
Petition after it is certified and comes before the city Council.
liThe courts of California have repeatedly held that where no time
limit is specified for the doing of an act, it may be done within
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a reasonable time . What is reasonable time is dependent
upon the surrounding circumstances." Beck v. Piatt, 24 Cal. App.
3d 613, 101 Cal. Rptr. 236, 240 (1972) (citations omitted) (City
Clerk must return defective Referendum Petition to its proponents
within 1Ireasonable time").
Where the dividing line exists between reasonable
promptness and an unreasonable delay is difficult to determine.
However, what is clear is that the city Council need not
necessarily act on the matter when the Referendum Petition
first is presented to the City Council by the city Clerk. So
long as the matter is considered without unreasonable delay, the
purposes of the law will have been achieved.
Whether the City Council repeals Resolution Number 7917
(CCS) or places the Referendum before the voters has other
consequences as well. Slnce, pursuant to Elections Code Section
4051, the mere filing of a Referendum suspends the effective date
of the Resolution, the longer the period before repeal or voter
approval of the Resolution, the longer the underlying project is
delayed. Similarly, if the City Council repeals the Resolution
or if at an election it fails to obtain a majority of support,
then pursuant to Elections Code Section 4055, the City Council
cannot again enact the Resolution, or a substantially similar
resolution, for a period of one year from the date of repeal or
voter disapproval.
In conclusion, the City Council can repeal completely
Resolution Number 7919 (CCS) or call for an election. If, prior
to January 1, 1990, the City Council calls for an election, then
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the election must be scheduled between 88 and 103 days after the
City council's order.
SUMMARY OF RESOLUTIONS
1. Resolution Repealinq Resolution Number 7917 (CCS).
This Resolution repeals entirely Resolution Number 7917
(CCS) , which is one of the options that the City Council can take
in response to the Referendum Petition against Resolution Number
7917 (CCS). If the city council passes this Resolution, no other
Resolution need be adopted with respect to this matter. No
election will be held.
2. Resolution Callinq and Givinq Notice of the Special
Municipal Election Submittinq to the Voters a Referendum Directed
Aqainst Resolution Number 7917 (CCS).
This Resolution provides that the Special Municipal
Election shall be called for and takes various actions to
facilitate the election. The City Council must pass this
Resolution if it wishes to place the Referendum regarding
Resolution Number 7917 (CCS) before the voters at an election
other than the next regular municipal election. In passing this
Resolution, the City Council must also select an election date.
This Resolution also submits to the voters the Referendum
against Resolution Number 7917 (CCS) passed by the City Council
of Santa Monica.
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3. Resolution Requestinq Election Services from the
county.
This Resolution authorizes the City Clerk to request
various election services from the County to assist in such tasks
as distributing sample ballots.
4. Resolution Authority City eouncilmembers to File
written Arquments Reqardinq the Referendum.
The purpose of this Resolution is to give members of the
city Council an opportunity to submit arguments in favor of or
against the Referendum against Resolution Number 7917 (ces). By
virtue of Elections Code Sections 4015 and 4057, the City council
or its members authorized by the City council can submit
arguments in favor of or against a ballot measure. If the City
Council desires to permit its members to submit arguments in
favor of or against any proposition, the members so authorized
should be inserted in section 1.
Elections Code Section 4015.5 authorizes the submittal of
rebuttal arguments if the legislative body, not later than the
day on which it calls an election, adopts the provisions of
Elections Code section 4015.5. In connection with the 1981
General Municipal Election, the City council adopted Resolution
Number 6180 (CCS) adopting the provisions of Elections Code
section 4015.5. The resolution provided in Section 2: "That the
provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election thereafter, unless
repealed by the legislative body.1I Thus, unless the city council
repeals Resolution Number 6180 (ceS), the authors of the argument
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in favor of or against the Referendum will be permitted to
prepare a rebuttal to any argument against their position.
RECOMMENDATION
It is respectfully recommended that the City Council either
repeal Resolution Number 7917 (CCS) or call an election in the
manner required by law.
PREPARED BY: Robert M. Myers, city Attorney
Joseph Lawrence, Assistant City Attorney
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CA:RMM:rmdl015/hpca
City Council Meeting 12-12-89
Santa Monica, California
RESOLUTION NUMBER
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING IN ITS ENTIRETY
RESOLUTION NUMBER 7917 (CCS), WHICH ADOPTED
GENERAL PLAN AMENDMENT NUMBER 11 TO THE LAND USE
ELEMENT OF THE CITY OF SANTA MONICA
WHEREAS, on October 10, 1989, the City Council of the City
of Santa Monica adopted Resolution Number 7917 (CCS), which
approved General Plan Amendment Number 11 (ItGPA No. 111t) to the
Land Use element of the City of Santa Monica: and
WHEREAS, following adoption of Resolution Number 7917
(CCS), a valid Referendum Petltlon directed against Resolution
Number 7917 (CCS) was circulated; and
WHEREAS, the Referendum Petition has been certified by the
City of Santa Monica City Clerk as being signed by at least 10%
of the qualified voters of the City of Santa Monica; and
WHEREAS, pursuant to california Elections Code Section 4055
the City Council must either repeal Resolution Number 7917 (CCS)
in its entirety or place the Referendum before the voters of the
City of Santa Monica: and
WHEREAS, the Ci ty council of the ci ty of Santa Monica
desires to repeal in its entirety Resolution Number 7917 (CCS),
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
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SECTION 1. The City Council of the City of Santa Monica
hereby repeals in its entirety Resolution Number 7917 (CCS) ,
which approved General Plan Amendment Number 11 to the Land Use
Element of the city of Santa Monica.
SECTION 2. Resolution Number 7917 (CCS) shall be of no
further force or effect.
SECTION 3. 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. MYERS
City Attorney
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CA:RMM:rmd1011/hpca
City Council Meeting 12-12-89
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, , 1990
WHEREAS, the city Council desires to submit to the voters,
pursuant to Government Code Section 4055, a Referendum directed
against Resolution NUmber 7917 (CCS), which adopted General Plan
Amendment Number 11 to the Land Use Element of the city of Santa
Monicai 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,
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
1990, which is the
election ordered in accordance with Government Code Section 4055
for the purpose of placing a Referendum before the voters of the
city.
SECTION 2. At the Election, the following Referendum shall
be submitted to the qualified electors of the city of Santa
Monica:
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REFERENDUM n n Shall Resolution
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Number 7917 (CCS), which amends YES
the General Plan to establish an
Airport Commercial District to
permit specified commercial
development on the Santa Monica
Municipal Airport residual land NO
parcel, be approved?
The City Clerk shall cause the text of Resolution Number 7917
(CCS), which is contained in Exhibit 1 attached hereto and
incorporated by reference, to be mailed to all qualified voters
with the sample ballot.
In addition to other notices and
publications required by law, the city Clerk, not less than 40
days and not more than 60 days before the Election, shall cause
the text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
pUblication.
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
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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.
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. 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 9. 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 10. 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.
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SECTION 11. 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. MYERS
City Attorney
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A T T A C H MEN T M
CjED:EDD:PC:JPM:CSR:
Council Meeting: October 3, 1989 Santa Monica, California
RESOLUTION NUMBER 79l7{CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING GENERAL PLAN AMENDMENT NUMBER 11 (GPA 11)
TO THE LAND USE ELEMENT OF THE GENERAL PLAN
WHEREAS, California Government Code Section 65300 et sec;:.
requires each city to adopt a comprehensive, long-term. general
plan for the physical development 0: the city that docu~ents the
city's decisions concerning the future of the community and
requires inclusion of a Lar.d Use Element; and
wnER2AS, the City of Santa Menica adcpted its existing Land
Use Element on October 23, 1984; and
WHEREAS, on March 3D, 1988, Reliance Development Group, Inc.
submitted an application for a General Plan Amendment requesting
the establishment of goals, objectives, policies, and development
standards for an "Airport Commercial District" to govern
development on the Airport Residual Land Parcel;
WHEREAS, on Septembe~ 13, 1989, the Planning Commission
conducted a properly noticed public hearing and adopted
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resolution recommending approval of the requested Amendments to
the Land Use Element of the General Plan~
WHEREAS, on October 3, 1989, the city Council conducted a
properly noticed public hearing on General Plan Amendment Number
11; and
WHEREAS, on October 10, 1989, the City Council certified the
Final Environmental Impact Report on the project proposed to be
developed on the Airport Residual Land Parcel for which General
Plan Amendment Number 11 is written and in which is included a
discussion of the impacts of General Plan Amendment Number 11 ~
and
vniEREAS, General Plan k1'lendment Number 11 to the Land Use
Element of the Ge~eral Plan is consistent in principal with the
goals, object~ves, policies, land uses, and pre grams specified in
the Land Use Element and in other Elements of the City'S General
Plan; and
w~EREAS, the public health, safety, and general welfare
requ~re the approval of General Plan Amendment Number 11;
NOW, THEREFORE, THE CITY COGNCIL OF THE CITY OF S&~TA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. General Plan Amendment Number 11 of the Land Use
Element of the General Plan, attached hereto as Exhibit "A-It and
incorporated herein by this reference, is hereby approved and
adopted.
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SECTION 2. The city Clerk shall certify to the adoption of
and effect.
this Resolution, and from then on the same shall be in full force
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this lOth day of October, 1989.
Do. I~
I hereby certify that the foregoing Resolution No. 7917(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on October 10, 1989 by the following
council vote:
Ayes: Councilmembers:
Abdo, Jennings, Reed, Mayor Zane
Noes: Councilmembers:
Genser, Katz
Abstain: Councilmembers:
Finkel
Absent: Councilmembers:
None
ATTEST:
~1H~
A5.'IT ctt-y Clerk
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Exhibit A
PROPOSED AMENDMENTS TO THE LAND USE
AND CIRCULATION ELEMENTS OF THE
GENERAL PLAN GOVERNING DEVELOPMENT
OF THE AIRPORT RESIDUAL LAND
The Land Use and circulation Elements of the General
Plan of the City of Santa Monica are amended as follows:
1. All references to an Airport specific plan and all
~olic~es related thereto in the Land Use and Circulation Elements
ar-e deleted.
2. The following are added to the Land Use Classificat~ons
subsect~on in the Land Use Element Section of the Land Use and
Circ~lation Elements:
Air-port Commercial D~strict - Spec~al purpose d~str1.ct
for development of a well-landscaped, campus-like environment to
~nclude such uses as general off~ces,
support comrnerc1.al
serv1.ces, support reta~l services, restaurant, stud~o and support
facilities, child care facilities, research and development
offlces, laboratories, light manufacturing facil~ties, parking}
and other uses compatible with these uses and with the Santa
Monica Airport and surrounding residential neighborhoods.
3. Section ~.1.2. 5 of the Land Use Element Objectives and
Policies Section of the Land Use and Circulation Elements is
amended to read as follows:
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1.12.5 Except for the area designated as
the Airport commercial District, retain
the
airport
lands
as
airport,
airport-related, and other uses that
would be appropriate in the area in
accordance with the contract between the
city
and
the
Federal
Aviation
Administration approved by Resolution
Number 6814 (CCS) adopted on January 24,
1984.
4. The following language is added to the Land Use Element
ObJect~ves ar.d Policies section of the Land Use and circulat~on
Elements:
AIRPORT COMMERCIAL DISTRICT
1.14 OBJECTIVE:
Facilitate transformation of a c1ty-held land asset 1nto
an 1nnovative, aesthet~cally superior, h1gh qua11ty
office and working environment that produces employment,
business opportunities and related benefits for the
City.
The Airport Commercial District is intended to
accommodate businesses compatible with airport use in a
well-landscaped, campus-like environment which will also
be
compatible
with
surroundinq
residential
neighborhoods.
All development shall comply with the
Airport Master Agreement executed by the city and the
Federal Aviation Administration (FAA) and approved by
Resolution No. 6814 (CCS) adopted January 24, 1984. All
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POLICIES
1. 14 . 1
1.14.2
1. 14 _ 3
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development shall be consistent with any comrehensive
development agreement with the City approved pursuant to
Santa Monica Municipal Code Section 9300 et seq. which
is coincident with the boundaries of the Airport
Commercial District.
Allow a maximum building height of six stories and 84
feet with exclusions above such limits consistent with
any comprehensive development agreement with the City
approved pursuant to Santa Monica Municipal Code Section
9300 et seq. for the District.
In all circumstances,
maximu:n building heights must
established
~n
be
accordance with FAA rules and as set forth in the
Airport Master Agree:nent. Establish allowable 1ntens~ty
of 0.85
FAR; provided, however, that with a C~ty
approved comprehensive Development Agreement for the
D~st:.r1ct approved pursuant to Santa Monica Municlpal
Code Section 9300 et seq., FAR may be increased by 0.98
only if such additional square footage is devoted
exclusively
parking
at-grade
and
above-grade
to
structures and uses required to operate and maintain
such parking structures.
Require uses to be "Airport compatible" in accordance
with the Airport Master Agreement.
Require a child day care center facility unless L~e city
determines that such a facility is not practicable.
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5.
The following language is added to the Urban Design
Objectives and Policies Section of the Land Use and circulation
Elements:
AIRPORT COMMERCIAL DISTRICT
3.6 OBJECTIVE:
The
Airport
Commercial
District
is
intended
to
accommodate
airport-
compatible
businesses
in
a
well-
landscaped, campus-like environment which
will be compatible wi th neighboring
res1dentia1 areas.
POLICIES
3.6.1
Development
should
include
build1ngs
that
are
architecturally super l.or 1n design and detailing, are
sensit~ve to the scale and character of the area and the
C1ty, are aesthetically harmonious, and prov1de a
campus-like setting with pub11c open spaces.
3.6.2
Encourage
the
design
of
building
elements
and
articulation which produce visual interest, especially
at the pedestrian level.
3.6.3
Development shall comply with the Airport Master
Agreement executed by the City and the Federal Aviation
Administration and approved by Resolution No. 6814 (CCS)
adopted January 24, 1984. site design must conform with
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3.6.4
3.6.5
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Federal Aviation Regulation Parts 107 (security) and 139
(Safety) .
PUblic art shall be incorporated within the District.
Develop a comprehensive landscaping program which will
create park-like open space areas available to all
building employees, visitors and the general public,
consistent with security considerations.
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CA:RMM:rmdl012/hpca
city Council Meeting 12-12-89
Santa Monica, California
RESOLUTION NUMBER
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, , 1990
WHEREAS, a Special Municipal Election is to be held in the
city of Santa Monica on Tuesday,
, 1990; and
WHEREAS, in the course of conduct of the Special Municipal
Election and in relation thereto, it will be necessary to mail
sample ballots and polling place information to the registered
voters of the City of Santa Monica; and
WHEREAS, it will facilitate the mailing of sample ballots
if the Registrar of Voters of the County of Los Angeles will make
available to the city of Santa Monica the computer record of the
names and addresses of all eligible registered voters in order
that labels may be printed for attaching to self-mailer sample
ballot pamphlets; and
WHEREAS, the city of Santa Monica desires the Registrar of
Voters to furnish such other election assistance as may be
authorized by state law; and
WHEREAS, all necessary expense in performing these services
shall be paid by the City of Santa Monica,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Section 22003, the
City Council requests that the Board of Supervisors of the county
of Los Angeles permit the Registrar of Voters to provide the
following services to the City to the extent determined necessary
by the city Clerk: (1) prepare and furnish to the City of Santa
Monica for use in conducting its Special Municipal Election the
computer record of the names and addresses of eligible registered
voters in the City of Santa Monica in order that the city of
Santa Monica may print labels to be attached to self-mailer
sample ballot pamphlets; (2) furnish to the City of Santa Monica
printed indices of the voters to be used by the precinct board at
the polling place; (3) make available to the City of Santa Monica
additional election equipment and assistance according to state
law; and (4) such other services as may be provided and deemed
necessary to reduce the expense and administrative burden of the
election.
SECTION 2. The City of Santa Monica shall reimburse the
County of Los Angeles for services performed when the work is
completed and upon presentation to the City of Santa Monica of a
properly approved bill.
SECTION 3. The City Clerk is directed to forward without
delay to the Board of Supervisors of the County of Los Angeles
and to the Registrar of Voters a certified copy of this
Resolution.
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SECTION 4. 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. MYERS
city Attorney
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CA:RMM:rmdl013/hpca
City Council Meeting 12-12-89
Santa Monica, California
RESOLUTION NUMBER
(city Council series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES
TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL
ELECTION ON TUESDAY, , 1990
WHEREAS, a Special Municipal Election is to be held in the
city of Santa Monica on Tuesday,
, 1990; and
WHEREAS, at the Special Municipal Election there will be
submitted to the qualified electors of the City of Santa Monica a
Referendum directed against Resolution Number 7917 (CCS); and
WHEREAS, Elections Code section 4015 et seq. provides for
procedures for arguments concerning city measures; and
WHEREAS, Elections Code sections 4015 and 4015.5 authorize
the city Council, or any member or members of the city Council
authorized by the City council, to file written arguments,
including rebuttal arguments, against any City measure,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Council authorizes the following
Councilmembers to file written arguments as follows:
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ARGUMENT IN FAVOR OF REFERENDUM:
ARGUMENT AGAINST REFERENDUM:
SECTION 2. written arguments, not to exceed 300 words in
length, are to be filed with the City Clerk by 5: 00 p.m. on
, 1990. Arguments so submitted may be changed or
withdrawn by the authors until and including the date fixed by
the City Clerk after which no arguments for or against the
measure may be submitted to the City Clerk. Rebuttal arguments
not exceeding 250 words may be submitted by persons for or
against the Referendum in accordance with Elections Code section
4015.5.
SECTION 3. 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. MYERS
City Attorney
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