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SR-12A ~ 12A CA:f:\atty\muni\strpts\mox\elect2 city Council Meeting 8-9-94 Santa Moni~4G~~i~nia TO: Mayor and city Council FROM: city Attorney SUBJECT: Resolutions for Regular Municipal Election to be Held on November 8, 1994 This staff Report transmits to the city council five resolutions for adoption in connection with the General Municipal Election to be held on November 8, 1994. 1. Resolution sUbmittinq to the voters one ballot measure. The Resolut1.on submits to the voters the fOllowing ballot measure: a. Proposal to submit to the voters a ballot measure to amend the city charter to permit publication of a summary of an ordinance after adoption. This ballot measure proposes the amendment of Section 617 of the City Charter which relates to the requirement that each ordinance adopted by the City Council shall be published at least once in the offic1.al newspaper within fifteen days of its adoption. The proposal would permit the city Clerk to pUblish a summary of an ordinance instead of publishing the entire ordinance as currently required. 1 AUG 0 9 199't 12A -- ~~... - ~-"",-~- 2. Resolution authorizlng members of the City Council to submit arquments concerninq various propositions. The purpose of this Resolution is to give members of the City council an opportunity to submit arguments in favor of or against the two propositions to be submitted to the voters. By virtue of Elections Code section 5016, the City Councilor its members authorized by the City council have priority in submitting arguments in favor of or against a ballot measure. If the City Council desires to permlt 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 5014.5 authorizes the submittal of rebuttal arguments if the legislat1ve body, not later than the day on which it calls an election, adopts the provisions of Elections Code Section 5014.5. In connection with the 1981 General Municipal Election, the City council adopted Resolution Number 6180 (CCS) adopting the provisions of Elections Code Section 5014.5. 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of Section 1 shall apply at the next ensuing municipal election and at each municipal election thereafter, unless repealed by the legislative body. " Thus, unless the City Council repeals Resolution Number 6180 (CCS), the authors of the argument in favor of any proposition will be permitted to prepare a rebuttal to the argument against such proposition and the authors of the argument against any proposition will be permitted to prepare a rebuttal to the argument in favor of such proposition. 2 3. Resolution requestinq consolidation of election. This Resolution requests the Board of Supervisors to consolidate the Regular General Municipal Election with the statewide general election. 4. Resolution requestinq County to render specified services. This resolution requests the Board of Supervisors to render specified services to the C1ty relating to the conduct of the City's Regular General Municipal Election. 5. Resolution authoriz1nq election serV1ces. This Resolution authorizes the City Clerk to retain the services of Martin & ChapMan Co. to provide various election services. For example, certain candidate election forms and material must be purchased and the County may 1nform the City Clerk that the city will be required to prepare and distribute a separate voter pamphlet. RECOMMENDATION It is respectfully recommended that the City Council take the following actions: l. That the city Counc11 adopt the Resolution submitting to the voters var10US ballot measures. 2. That the city Counc1l adopt the Resolution authorizing members of the city Council to submit arguments 3 concerning the various propositions. 3. That the city Council adopt the Resolution requesting consolidation of the election. 4. That the City council adopt the Resolution requesting the County to render specified services. 5. That the city Council adopt the Resolution authorizing election services by Martin & Chapman Co. Prepared by: Marsha Jones Moutrie, city Attorney Llnda A. Moxon, Deputy city Attorney 4 -' "f ~ CA:f:atty\muni\laws\jl\ballot2.res city council Meeting 8-9-94 Santa Monica, California RESOLUTION NUMBER 8808 (city council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS ONE BALLOT MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994 WHEREAS, on June 28, 1994, the city Council adopted Resolution Number 8778 (CCS) calling for and giving notice of a Regular Municipal Election on November 8, 1994; and WHEREAS, the City Council desires to submit to the voters, pursuant to Government Code Section 34459, a ballot measure pertaining to a proposed amendment to the city Charter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. At the General Municipal Election called for November 8, 1994, the following proposition shall be submitted to the qualified electors of the city of Santa Monica: - 1 - ,~ \ ,. PROPOSITION II II Shall city Yes Charter Section 617 be amended to permit the City Clerk to publish a summary of an ordinance after it is adopted by the City Council instead No of the entire ordinance, as the city Charter currently requires? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 1 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. The City Clerk shall cause the text of the proposition to be published in the official newspaper and in each edition thereof during the day of publication in the manner required by law. SECTION 2. Pursuant to Elections Code Section 5011, the city Clerk is directed to transmit a copy of each measure to be submitted to the voters to the city Attorney and the City Attorney is directed to prepare an impartial analysis of each measure showing the effect of the measure on the existing law and the operation of the measure in accordance with the provisions of Elections Code section 5011. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. The provisions of Resolution Number 8778 (CCS) are referred to for more particulars concerning the Regular Municipal Election to be held on November 8, 1994. - 2 - 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: MARSHA JONES MOUTRIE City Attorney BY:~ T ToJJ MARTIN T. TACHIKI Chief Deputy City Attorney - 3 - Exhibit 1 PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO SUBMIT TO THE VOTERS AN AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA 1. Section 617 of the santa Monica City Charter shall be amended to read as follows: 617. Ordinances. Publication. The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption. The city Clerk may satisfy the requirement to publish each ordinance by causing a fair and impartial summary of the ordinance to be published within fifteen days after the ordinance's adoption and by posting a copy of the full ordinance in the office of the City Clerk. The city Attorney shall prepare the fair and impartial summary of each ordinance which is to be published by summary. ~ Adopted and approved thIS 9th of August, 1994 ,1:: I hereby certify that the foregomg Resolution 8808 (CCS) was duly adopted at a meetmg of the CIty Council held on the 9th of August, 1994 by the followmg vote: Ayes Council members Abdo, Genser, Olsen, Rosenstem, Vazquez Noes. Councilmembers. Holbrook Abstam: Councllmembers: None Absent: CouncIlmembers Greenberg ATTEST: ~/ap#-- City Clerk / ' ) . CA:f:atty\munl\laws\jl\quake.res city council Meeting 8-9-94 Santa Monica, California .: RESOLUTION NUMBER 8793 (CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage wlthin the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City's Director of Emergency Services issued a declaration of local emergencYi and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to eXlst within the city of Santa Monica, NOW, THEREFORE, the Clty council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The city Council declares that a state of local emergency continues to exist within the City of Santa Monica. SECTION 2. The Clty council directs the Director of Emergency Services or his or her designee to take such actions as are . ( appropriate to the fullest extent provided by federal, state and local law, to protect the public health, welfare, safety and property of the residents of the City of Santa Monica. SECTION 3. The city Council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the city of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for public works and other City projects. SECTION 4. A copy of this Resolution shall be forwarded to the state Director of the Office of Emergency Services with a request that he or she find it acceptable. SECTION 5. 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: MARSHA JONES MOUTRIE City Attorney BY:~ TWL- MARTIN T. TACHIKI Chief Deputy City Attorney ). Adopted and approved tlus 9th of August, 1994 ! ~ ,g~ Mayor I hereby certIfy that the foregoing ResolutlOn 8793 (CCS) was duly adopted at a meeting of the Clty Councd held on the 9th of August, 1994 by the followmg vote Ayes Councilmembers' Noes Councilmembers. Abstain: Councllmembers' Absent. Councilmembers, Abdo, Genser, Holbrook, Olsen, Rosenstein,Vazquez None None Greenberg A TrEST' AA'//M~ ~ - City Clerk ~ CA:f:atty\muni\laws\mox\elect5b City Council Meeting 8-9-94 Santa Monica, California RESOLUTION NUMBER 8809 (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 GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 1994 WHEREAS, a General Municipal Election is to be held in the City of Santa Monica on Tuesday, November 8, 1994j and WHEREAS, Elections Code Sect10n 5010 et seq. provides for procedures for arguments concerning city measureSj and WHEREAS, Elections Code Sections 5013 and 5014.5 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 in favor of 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: - 1 - \ ARGUMENT IN FAVOR OF AMENDMENT TO CITY CHARTER SECTION 617: Counc~lmernbers: Abdo, Genser, Rosenstein ARGUMENTS AGAINST: Councilmember: Holbrook SECTION 2. Written arguments, not to exceed 300 words in length, are to be filed with the city Clerk no later than August 16, 1994. 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 5014.5. 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: MARSHA JONES MOUTRIE city Attorney By: ~T?:JL' MARTIN T. TACHIKI Chief Deputy City Attorney - 2 - Adopted and approved thIS 9th of August, 1994 (] Ij vd /v Mayor I hereby certify that the foregomg Resolution 8809(CCS) was duly adopted at a meetmg of the City Council held on the 9th of August, 1994 by the following vote Ayes Councilmembers' Abdo, Genser, Olsen, Rosenstem, Vazquez Noes. Councilmembers' Holbrook Abstain' Councdmembers None Absent: Councilmembers Greenberg A TIEST. ~/~~ <,...r City Cler'k .' {, CA:f:atty\muni\laws\mox\elect3b city Council Meeting 8-9-94 Santa Monica, California RESOLUTION NUMBER 8810 (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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 8, 1994, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 23302 WHEREAS, the City Council of the City of Santa Monica has called a General Municipal Election in the city of Santa Monica to be held on November 8, 1994, for the purpose of submitting a proposition to the voters of the city of Santa Monica relating to a proposed amendment of Sectlon 617 of the City Charter; WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date; that within the City of Santa Monica the precincts, polling places and election officers of the two elections be the same; that the Registrar of Voters canvass the returns of the General Municipal Election; and that the statewide General Election and General Municipal Election be held in all respects as if there were only one election. 1 '. \ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Elections Code section 23302, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide General Election on Tuesday, November 8, 1994, for the purpose of submittlng measures to the voters. SECTION 2. The followlng measure shall appear on the ballot and be submitted to the voters of the City: PROPOSITION" " Shall City Charter Yes section 617 be amended to permit the city Clerk to publish a summary of an ordinance after it is adopted by the City council instead of the entire ordinance, as the Clty Charter currently requires? No SECTION 3. The Registrar of Voters is hereby authorized to canvass the returns of the General Municipal Election which it is hereby requested to consolidate with the statewide General Election and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. The Board of Supervisors of the County of Los 2 _/ I Angeles is hereby requested to 1ssue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 5. The city of Santa Monica recognizes that additional costs shall be incurred by the County of Los Angeles by reason of this consolidation and agrees to reimburse the County of Los Angeles for any such costs. SECTION 6. The city Clerk 1S directed to transmit and file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and with the Registrar of Voters. SECTION 7. 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: MARSHA JONES MOUTRIE city Attorney By:~Tk:JJ MARTIN T. TACHIKI Chief Deputy City Attorney 3 '\ Adopted and approved thIS 9th of August, 1994. tj 4A Mayor I hereby certify that the foregomg Resolution 8810 (CCS) was duly adopted at a meetmg of the City Council held on the 9th of August, 1994 by the following vote" Ayes. Councilmembers Abdo, Genser, Olsen, Rosenstein, Vazquez Noes Councilmembers None Abstam Councllmembers None Absent. Councilmembers Greenberg, Holbrook, Rosenstein ATTEST ~~/ 4~~ ~ City Clerk CA:f:atty\muni\laws\mox\elect4 City Council Meeting 8-9-94 Santa Monica, California RESOLUTION NUMBER 8811 (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 GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994 WHEREAS, a General Municipal Election is to be held in the city of Santa Monica on Tuesday, November 8, 1994; and WHEREAS, in the course of conduct of the General 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 made 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, - 1 - 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: (l) prepare and furnish to the city of Santa Monica for use in conducting its General 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. - 2 - 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: MARSHA JONES MOUTRIE City Attorney By: ~[;lJ, MARTIN T. TACHIKI Chief Deputy city Attorney - 3 - Adopted and approved tius 9th of August, 1994 Q dR/ // . Mayor I hereby cerufy that the foregomg Resolution 8811 (CCS) was duly adopted at a meeting of the City CouncIl held on the 9th of August, 1994 by the following vote: Ayes: Councllmembers: Abdo, Genser, Olsen, Rosenstein, Vazquez Noes: Councdmembers. None Abstam Councilmembers None Absent: Councllmembers: Greenberg, Holbrook, Rosenstein ATTEST. ~A/ff]~ ~ City Clerlt CA:f:atty\muni\laws\mox\elect6 City Council Meeting 8-2-94 Santa Monica, California RESOLUTION NUMBER 8812 (city council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1994 WHEREAS, a General Municlpal Election is to be held in the City of Santa Monica on November 8, 1994. WHEREAS, in the course of conduct of the election it is necessary for the City Clerk to obtain the services of a professional election supplier; and 9 WHEREAS, all necessary expenses in performing these services shall be paid by the City of Santa Monica, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. That the firm of Martin & Chapman Co., being a sole source in the local area, is approved to furnish to the City all necessary services and supplies authorized by the City Clerk to conduct either a concurrent or consolidated election, consisting of the following services: - 1 - , 1. Provide a Calendar of Election Events setting out dates and requirements of the Election Code. 2. Provide suggested forms of resolutions and notices required for the election. 3. Provide necessary ballotsl supplies and instructions for voting in the precinct and for absentee voting. 4. Provide Self-Mailer sample Ballot & Voters Pamphlet with candidates statements I measures and absent voter application. S. Prepare and attach special labels to Self-Mailer pamphlet and arrange for delivery to the post office. 6. Have a qualified person available by telephone or in person at all times to assist the city Clerk should problems arise at any time during the election process. 7. Furnish general guidance throughout the election. SECTION 2. That the City shall pay Martin & Chapman Co. for all election supplies and services rendered. In the event any election supplies requested by the city and furnished by Martin & Chapman Co. are not correct, or contain errors so that the same are not acceptable to or usable by the City, there shall be no charge therefor made upon the city. SECTION 3. That Martin & Chapman Co. shall submit an itemized invoice to the city detailing the supplies furnished. The City shall pay all sums due and owing within 15 days of the receipt of the statement. - 2 - SECTION 4. That the total amount of these services shall not exceed $l26,OOO.OO. SECTION 5. That 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 MARSHA JONES MOUTRIE city Attorney By: ~~- r !~_ MARTIN T. TACHIKI Chief Deputy City Attorney - 3 - Adopted and approved this 9th of August, 1994 /' a ~fJ~ )If Mayor I hereby certIfy that the foregoing ResolutIOn 8812 (CCS) was duly adopted at a meetmg of the CIty Council held on the 9th of August, 1994 by the following vote Ayes Councllmembers Abdo, Genser, Olsen, RosensteIn, Vazquez Noes CouncIlmembers' None Abstain' Councilmembers None Absent CounciImembers: Greenberg, Holbrook, Rosenstem ATTEST Ae//f1~ ~ City'CleIikt