SR 07-26-2016 7B
Ci ty Counci l
Report
City Council Meeting : July 26, 2016
Agenda Item: 7.B
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To: Mayor and City Council
From: Marsha Moutrie, City Attorney , City Attorney's Office
Subject: Proposed City Council Sponsored Measure to Amend Article XXII of the City
Charter (the Oaks Initiative)
Recommended Action
Staff recommends that the City app rove the attached Resolution and its Exhibit 1 that
would place on the November 2016 General Election ballot a City Council sponsored
initiative measure amending City Charter Article XXII, known popularly as the Oaks
Initiative.
Executive Summary
At i ts meetings of June 28, 2016 and Ju ly 12, 2016 , the City Council considered
proposed language for amendments to the Oaks Initiative to be presented to the voters
at the November 2016 general election. After hearing from the public and deliberating
at some length, on July 12 th , the Council reviewed and directed the preparation of final
changes of the proposed measure. Exhibit 1 to the attached Resolution contains all
changes requested by Council. A Resolution placing the proposed Charter amendment
on the ballot is presented for final Council approval.
Background
As noted in prior staff reports, for several months efforts have been under way to
address the limitations currently in Article XXII so as to strengthen and to better
effectuate the purpose of the Oaks Initiative in Santa Monica. During this period,
various suggested amendments have been discussed and considered. The law firm of
Hueston Hennigan, the City Council, the City Attorney’s Office and members of the
public have all made suggestions. Council has considered the matter on four previous
occasions. Council gave final direction and approval of proposed amendment language
at its July 12th meeting.
Discussion
All proposed amendments, whether requested and approved at the July 12 th Counci l
meeting or at earlier meetings, appear in Exhibit 1 to the attached Resolution. The
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language changes discussed and made at the July 12 th meeting appear in section
2206(a) and 2206(b).
If adopted by the voters, the proposed measure would: expand the Oaks Initiative to
make its prohibition applicable to both public officials and recipients of public benefits
who confer personal or campaign advantages on public officials; facilitate enforcement
by eliminating current ambiguity in the term “public offici al”; delineate enforcement
responsibilities and procedures; specify that the Oaks prohibitions are intended to apply
outside of the City; make express that remedies are cumulative; extend civil remedies to
any violator; and exempt from the reach of the Oa ks Initiative uncompensated
volunteers serving local nonprofits that receive City grants.
Staff recommends that Council adopt the attached Resolution placing the proposed
measure, which would amend City Charter Article XXII, on the November 2016 ballot.
Financial Impacts and Budget Actions
There are no financial impacts and no budget actions associated with the approval of
this language. If the voters adopt the proposed amendments, there might be increased
administrative costs associated with implement ation. At this time, those costs are
unknown but staff anticipates that they will not be substantial, particularly relative to the
importance of the measure.
Prepared By: Joseph Lawrence, Assistant City Attorney
Approved
Forwarded to Council
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A ttachments:
A. Oaks Initiative Resolution
B. Staff Report June 28, 2016 #2013 (Web link)
C. Staff Report July 12, 2016 #2026 (Web link)
Reference:
Resolution No. 10978
(CCS)