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SR-410-015 (2) . L//o-o/s-- . H-F CA:RMM:rmd1010/hpca city council Meeting 12-12-89 9CG 1 2 1383 Santa Monica, California II..... ~ STAFF REPORT .MU S lJ30 JAN ~ 3 1990 . t . .."1 _ r~ f /' ::.. r',,/ --,,? TO: Mayor and City council FROM: City Attorney SUBJECT: city Council options and Resolutions Relating to the Referendum Petition Against Resolution Number 7917 (CCS) This Staff Report transmits to the City Council four resolutions for its consideration in connection wlth 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. lIon 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 1, 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 requislte number - 1 - of registered .Jt--f /1-" .......I...Au n ......uT "'V'I.' V I f:;fD.f'l . ~u ~~:. ...,...v ..~.. 1. ~JAN , J i99u . . 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 ent~rely 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 "special" or "regular" election mattered less than that it be held between 88 and 103 days after it is ordered. - 2 - . . Effective January I, 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 I, 1990, if the Clty 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 - 3 - . . 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 certifled and comes before the City Council. liThe courts of California have repeatedly held that where no time I1mit is specified for the doing of an act, it may be done within - 4 - . . 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 wlthin "reasonable timen) . 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. Since, 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 I, 1990, the City Council calls for an election, then - 5 - . . the election must be scheduled between 88 and 103 days after the city Council's order. SUMMARY OF RESOLUTIONS 1. Resolution Repealing Resolution Number 7917 (CCS). This Resolutlon 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 Calling and Giving Notice of the Special Municipal Election Submitting 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. - 6 - . . 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 Councilmembers to File Written Arquments Reqardinq the Referendum. The purpose of this Resolution is to give members of the ci ty Council an opportunity to submit arguments in favor of or against the Referendum against Resolution Number 7917 (CCS). 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." Thus, unless the City Council repeals Resolution Number 6180 (CCS) , the authors of the argument - 7 - . . 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 - 8 - . . CA:RMM:rmd1011jhpca 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 Monica; 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: - 1 - . . REFERENDUM " " Shall Resolution . Number 7917 (CCS), which amends the General Plan to establish an YES Airport Commercial District to permit specified commercial development on the Santa Monica Municipal Airport residual land parcel, be approved? NO 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 - 2 - . . 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 t1me 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. - 3 - . . 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 - 4 - ~";,"~-::'"'"-~. .j,....~~-~..:...:...... ,- _"" _ _~_dO.-L~"~Jo."_ ~ .~_~:~~X~-0:Jt.=... }' . . ; 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: l. All references to an Airport specific plan and all policles related thereto in the Land Use and circulation Elements are deleted. 2. The following are added to the Land Use Classlficatlo~s subsectlon i~ the Land Use Element Sectlon of the Land Gse and Clrculaticn Elements: Airport Commerclal District - Speclal purpose dlstrlc~ for development of a well-landscaped, campus-like environment to lncluc.e such uses as general offices, support commerclal servlces, support retall services, restaurant, studlO and support facllltles, child care facilities, research and development offices, laboratories, light manufacturing facilities, parking, and other uses compatible with these uses and with the Santa Monica Airport and surrounding residentlal neighborhoods. 3. section 1.12.5 of the Land Use Element Objectives and policies Section of the Land Use and Circulation Elements is amenced to read as follows: - 3 - ~~~~~~:-:.~:~ ~ ~*" ~":" .:;::;........'V"""'..- ~ __ __ ____ ~_L...J:.:::::::..~. . . ., l.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 1S added to the Land Use Element ObJe~tives ar.d ?olicl€s section of the Land Use a~d C1rculatlon Elements: AIRPORT COMMERCIAL DISTRICT L 14 OBJECTIVE: FaC111tate transformation of a city-held land asset into an innovative, aesthetlcally superior, high quality offlce 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 surrounding residential neighborhoods. All development shall comply with the Airport Master Agreement executed by the Ci ty and the Federal Av-iation Administration (FAA) and approved by Resolution No. 6814 (CCS) adopted January 24, 1984. All - 4 - : ~~~4'~~$;_~~~;~~ __ 'I POLICIES 1. 14. 1 1.14.2 1.14.3 50 ;.-:.:.oo.:--~~~o-:";' . . 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 exclus10ns above such limits consistent with any cornprehens1ve development agreement with the City approved pursuant to Santa Monica Municipal Code Section 9300 et seq. for the District. In all circumstances I maximum heights must 10 buildlng established be accordance with FAA rules and as set forth in the Alrport Master Agreement. Establish allowable intenslty of 0.85 FAR; provided, however, that wlth a Clty approved comprehenslve Development Agreement for the Dlstrict approved pursuant to Santa Monica Municlpal Code Section 9300 et seq., F&~ may be increased by 0.9B only 1f such additional square footage is devoted exclusively at-grade above-grade parking to and structures and uses required to operate and maintain such parking structures. Require uses to be lfAirport compatiblell 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. - 5 - _~~.c~~"....~~.- ~:.:."":: -_ :~ ~~ ~ . . . -=---~:...~ _~~~;;:1:~~i~ , , ... "' 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 busl.nesses in a well- landscaped, campus-like environment which will be compatl.ble wi th neighboring resl.dential areas. POLICIES 3.6.1 Development should include buildings that are archl. tecturally superl.or l.n design and detailJ.ng, are sensitive to the scale and character of the area and the city, are aesthetically harmonious, and provide a campus-like setting Wl.th publl.c 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 - 6 - .........::-~.~ ~ -.. ~~ .....~----- -~ ~.-.: l '\ 3.6.4 3.6.5 KW: cg hp/Reso 11/22/88 ",. , - ~ -"'~ '.J-3:;...~.ts"~::::'*_~~~~~~-,,--=-:" . . 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. - 7 - ~ ~~~~"'~"~ --.~~-; ~.-~~f '" ~_ _ ~t~ ~ -~ '-..,. - .. "-- ~ - j '. ~ dl , 'i~~l ~ ~:- ,~ ... -~.... . --. I ; I I , . . LL . - en I- .. 0 0 It CJ .. W t C ~ ,: ~. c 0 .. M " CO .. ~ I -- I ~. .. I ~ . & ~ .. L__ I f . I . I I, . - .~, , - --' .... ! ~ I . .. . "'" . .. ,..... " .. . -