SR 07-24-2018 8A
City Council
Report
City Council Meeting: July 24, 2018
Agenda Item: 8.A
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To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records and Election Services
Department
Lane Dilg, City Attorney, City Attorney's Office
Subject: Qualified Initiative Petition amending the City Charter to establish term limits
for members of the City Council
Recommended Action
Staff recommends that the City Council:
1. Receive and file the attached Certification of Qualification regarding an initiative
measure that proposes an amendment to the City Charter that would limit the time a
person may serve on the City Council to three terms;
2. Adopt the attached resolution requesting and directing the actions necessary to
place the measure on the November 6, 2018 General Municipal ballot.
Executive Summary
On May 21, 2018, an initiative petition proposing a City Charter amendment that would
establish term limits for members of the City Council was submitted to the Office of the
City Clerk and forwarded to the County Registrar-Recorder (“the County) for signature
verification. On July 3, 2018, the County notified the City Clerk’s Office that it had
certified the measure as containing the required number of signatures for placement on
the ballot. Accordingly, staff recommends that Council receive and file the certification
and adopt the attached resolution, which requests and directs the actions necessary to
place the initiative on the November 2018 ballot.
Background
On January 29, 2018, proponents of the measure notified the City Clerk’s Office of their
intent to circulate an initiative petition. On February 9, 2018, the City Attorney prepared
a ballot title and summary, as required by law, which describes the measure as
“amending the City Charter to limit the time a person may serve on the City Council to
three terms.” Thereafter, the proponents gathered signatures, and filed their signed
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petition with the City Clerk’s Office on May 21, 2018. On July 3, 2018, the County
notified the City Clerk that the measure had received the required number of signatures,
which is 15% of the voters or 10,424. The County found that 19,166 signatures were
filed; 18,943 signatures were verified; 10,620 were found sufficient; 8,323 were not
found sufficient; and 797 signatures were found not sufficient because the signatures
were duplicates. (See Attachment C).
Discussion
California Elections Code Section 9255 provides that if an initiative petition to amend a
city charter is signed by no less than 15 percent of the registered voters in the city, it
“shall be submitted to the voters at an established statewide general, statewide primary,
or regularly scheduled municipal election . . . occurring not less than 88 days after the
date of the order of election.” Elections Code section 1415 further confirms that a
qualified initiative measure “shall be submitted to the voters at the next regularly
scheduled general municipal election . . . or at any established statewide general or
statewide primary election . . . occurring not less than 88 days after the date of the order
of election.” Pursuant to these provisions, the action of placing the certified petition on
the ballot is ministerial, not discretionary. Thus, if the County certifies the petition, then
the law requires the Council to send the measure to the voters.
As discussed in a 2014 staff report related to a prior initiative measure, Elections Code
Section 9255 specifies that a qualified initiative measure must go to the voters , but it
does not specify that the measure must be placed on the next election ballot. See
Jeffrey v. Superior Court, 125 Cal.Rptr.2d 175 (2002) (upholding the decision of the
Huntington Beach city council to place an initiative measure creating council districts
and imposing term limits on the March 2004 ballot rather than the November 2002
ballot, where the measure provided by its own terms that it would become effective in
November of 2004).
Staff recommends against delaying placement of the present initiative measure on the
ballot based on Jeffrey for several reasons. Jeffrey appears to be the only California
case directly on point, and, while it also addressed an initiative measure related to term
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limits, its facts are different because the present measure has no specified effective
date. Thus, unlike the fact situation in Jeffrey, proponents could argue that a delay by
the City raises the specter of a legislative body using infinite delay to thwart the initiative
power. Also, in general, California law staunchly protects the initiative power, and
courts are highly critical of any apparent attempt to thwart that power. See De Vita v.
County of Napa, 9 Cal.4th 763,776 (1995). Finally, declining to place the measure on
the November ballot would be inconsistent with the City's past practice and could be
perceived as contrary to its commitment to participatory democracy.
The alternative is litigation. The Council could decline to place the measure on the
November 2018 ballot, publicly state its intent to place the measure on the ballot at a
future election, and defend the lawsuit that would likely be filed by the proponent s. A
court would then have to determine whether the precedent set by Jeffrey applies where,
as here, an initiative measure has no effective date.
If the Council adopts the attached resolution, the City Attorney will prepare an impartial
analysis and the timeline for submission of arguments and rebuttals for and against the
measure will begin. Additionally, the City Clerk will transmit the materials to the County
for preparation of the ballot as required by law. The City will prepare and distribute the
Voter Information Pamphlet.
Financial Impacts and Budget Actions
The cost of adding the measure to the November 6, 2018 ballot is included in the
FY 2018-19 Adopted Budget in the Records & Election Services (City Clerk)
Department.
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Prepared By: Denise Anderson-Warren, City Clerk
Approved
Forwarded to Council
Attachments:
A. Notice of Intent to Circulate
B. City Attorney Ballot Title & Summary
C. Proposed Resolution
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Denise Anderson-Warren
City Clerk, City of Santa Monica
1685 Main Street, Room 102
Santa Monica, California 90401
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SANr A MONtc A
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January 29, 2018
Re: Proposed "Term Limits for City Councihnembers" Charter Amendment
Dear Ms. Anderson-Warren:
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ANDIIEA SHERID,IN 0RDIN
SENIOR COUNSfcl.
Enclosed with this letter are the text of a proposed charter amendment measure, titled "Tenn
Limits for City Councilmembers," and the notice of intent to circulate petition. Please transmit
the proposed measure to the City Attorney for a title and summary pursuant to California
Elections Code section 9203. Please call or email me when the title and summary is available.
As required by section 9203, the proponents of this measure are Ms. Mary Marlow, a registered
voter in Santa Monica, residing at 155 Ocean Park Blvd., Santa Monica, California, 90405, and
Ms. Sue Himmelrich, a registered voter in Santa Monica, residing at 337 14th Street, Santa
Monica, California, 90402.
The affidavits required by Elections Code section 9608 are signed by Ms. Marlow and Ms.
Himmelrich and attached to this letter.
If you have any questions or require additional information, please contact me at
(310) 576-1233 or bgee@strumwooch.com. Thank you.
Enclosures
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NOTICE OF INTENT TO CIRCULATE PETITION
2n \8 JAN 2 9 M1 11 i Li J
Notice is hereby given by the pe1~ons whose nan1es dlfffi?elow of their intention to circulate
the petition within the City of SmiN 'fvi'eJilQ ¥JPt1ae purpose of amending the City Charter to
establish term limits for members of the City Council. A statement of the reasons for the
proposed action as contemplat~~dir].thecp.etition is as follo,vs:
Incumbent legislators seldom lose. In the most recent 2016 municipal election, 100% of the
incumbents for Santa Monica City Council were reelected. And over the past 25 years, City
Council incumbents in Santa Monica have been reelected again and again at an overwhelming
rate. That is because, unlike many other jurisdictions in California, our City imposes no
limits whatsoever on how many terms Councilmembers can serve.
For example, California has established term limits for its statewide elected officers (Governor,
Lieutenant Governor, Treasurer, Attorney General, Controller, Secretary of State, Insurance
Commissioner, and Supe1intendent of Public Institution) and its Senate and Assembly
legislators. Cities across the state and throughout Los Angeles County have also imposed tem1
limits on their elected officials.
Term limits give voters a real chance for change and bring in fresh perspectives and ideas. Term
limits encourage potential candidates to run and foster healthy competition. That is why they are
so popular in the county and the state.
Our Founding Fathers envisioned a rotation in office with citizen legislators serving their
country. Yet, the reality is that incumbents are elected over and over again because of name
recognition and the power of the incumbency. The term limits proposed in this measure-
which would impose a lifetime Jimit of three terms for a tota] oil:" no more than 12 years of
service-are necessary to break this cycle.
It's time for Santa Monica to join the good governance movement. Let's adopt reasonable term
limits for City Councilmembers in order to restore open access to the political process and to
encourage qualified candidates to seek public office.
e Himmelrich, Santa Monica City Councilmember
1
The proposed charter amendment reads as follows:
Section I: TITLE
This measure may be known and refened to as the "Term Limits for City
Councilmembers" Ballot Measure ..
Section II: FINDINGS AND PURPOSE
TI1e People of the City of Santa Monica find as follows:
The City of Santa Monica ctmently imposes no limits on the number of terms an
individual may serve on the City Council, which allows incumbents to remain on the City
Council for decades.
Such entrenched incumbency has made our electoral system less free, less competitive,
and less representative.
Term limits for City Councilmembers are therefore necessmy to restore free, fair, and
competitive elections; to encourage qualified candidates to seek public office; a11d to eliminate
perpetual and unfair incun1bent adva11tages.
The term limits set f01th in this charter amendment will make the electoral process in
Santa Monica more open, free, and democratic.
To achieve these purposes, this measure shall be interpreted in a ma11ner that applies the
tem1 limits broadly, not restrictively.
Section III: AMENDMENT OF CITY CHARTER, ARTICLE VI, SECTION 600
Section 600, of Article VI, of the City Charter, is amended to read (new text is shown by
underlining and deleted text is shown by strikeout):
600. Numbe1:, flfte-term. and term limits
The City Council shall consist of seven members elected from the City at large, at the
times a11d in the manner in this Chmter provided, and who shall serve for a term of four years.
The term of all members shall commence on the first Tuesday following such election
a11d each member shall serve until the member's successor is elected and qualified. Any ties in
voting shall be settled by the casting oflots.
No person shall serve more than three terms as a member of the City Council whether
consecutive or not. For purposes of this section, a partial te1m of more tha11 two years shall count
as onetem1.
2
These term limits shall apply to appointed tenns as well as elected terms.
These term limits shall apply prospectively only to those terms of office that begin on or
after the election at which this Cha1ter amendment is adopted.
Section IV: CONFLICTING PROPOSITIONS
If any other proposition, appearing on the same ballot as this proposition, addresses the
subject matter in a way that conflicts with the treatment of the subject matter in this proposition,
and if each proposition is approved by a majority vote of those voting on each proposition, then
as to the conflicting subject matter the proposition with the highest affim1ative vote shall prevail,
and the proposition with the lowest affomative vote shall be deemed disapproved as to the
conflicting subject matter.
Section V: SEVERABILITY
If any provision of this measure or its application to any person, property, or
circumstances is found to be unconstitutional or otheiwise invalid by a court of competent
jmisdiction, that invalidity shall not affect the remaining provisions of this measure or the
application of those provisions to other persons, property or circumstances, which can be
implemented without the invalid provisions and to this end, the provisions of this measure are
declared to be severable.
3
BALLOT TITLE AND SUMMARY
PREPARED BY THE CITY ATTORNEY
AN INITIATIVE MEASURE AMENDING THE CITY CHARTER TO LIMIT THE TIME A
PERSON MAY SERVE ON THE CITY COUNCIL TO THREE TERMS
Pursuant to the City Charter, the Santa Monica City Council consists of seven members, each
elected by the voters to serve for a four-year term. Currently, the City Charter does not limit the
number of terms that a person may serve on the City Council.
The proposed measure would prohibit a person from serving on the City Council for more than
three terms. The prohibition would apply over a person’s lifetime – whether the three terms are
served consecutively or not. At times, a City Councilmember is elected or appointed to serve a
partial term in order to fill a vacancy. The proposed measure would define a term to include any
partial term of more than two years. The proposed measure would apply only prospectively, to
terms that begin on or after November 6, 2018.
City Council Meeting: July 24, 2018 Santa Monica, California
RESOLUTION NUMBER _______________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS AN INITIATIVE MEASURE TO AMEND THE CITY
CHARTER TO LIMIT THE TIME A PERSON MAY SERVE ON THE CITY COUNCIL TO
THREE TERMS
WHEREAS, on May 21, 2018, the City of Santa Monica (“City”) received a petition
to submit to the voters an initiative measure amending the City Charter to limit the time a
person may serve on the City Council of the City of Santa Monica to three terms; and
WHEREAS, California Elections Code Section 9255 requires that a proposal to
amend a city charter, proposed by petition of the voters, be submitted to the voters at an
established statewide general election pursuant to California Elections Code section
1200, provided there are at least 88 days before the election ; and
WHEREAS, on May 22, 2018, the City transmitted the petition to the Los Angeles
County Registrar-Recorder for signature verification; and
WHEREAS, on June 12, 2018, the City Council adopted a Resolution calling for
and giving notice of a General Municipal Election on November 6, 2018; and
WHEREAS, pursuant to California Elections Code Section 10403, on June 12,
2018, the City Council adopted a Resolution requesting that the County of Los Angeles
consent and agree to the consolidation of all aspects of a General Municipal Election with
the Statewide General Election to be held on Tuesday, November 6, 2018, for the purpose
of electing members of the Santa Monica City Council, the Santa Monica Rent Control
Board, the Santa Monica-Malibu Unified School District Board of Education, and the
Santa Monica College Community College District Board of Trustees.
WHEREAS, on July 3, 2018, the Los Angeles County Registrar -Recorder
completed the signature verification process; and
WHEREAS, the City Council of the City of Santa Monica wishes to place the
following initiative measure on the ballot at the General Municipal Election to be held on
November 6, 2018.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. A General Municipal Election has been called for on November 6,
2018 for the purpose of, among other things, electing City Council members and
submitting ballot measures to the voters.
SECTION 2. At the General Municipal Election called for November 6, 2018, the
following measure to amend the City Charter shall be placed on the ballot and submitted
to the qualified electors of the City of Santa Monica:
MEASURE “__“:
Shall the Santa Monica City Charter be
amended to prohibit any person from serving as
a member of the City Council for more than
three terms, whether consecutive or not, where
a term includes any full term of four years as
well as any partial term of more than two
years?
Yes
_________
No
SECTION 3. The City of Santa Monica recognizes that additional costs may be
incurred by the County by reason of the addition of this measure to the ballot and agrees
to reimburse the County for any additional costs performed upon presentation of a bill
pursuant to Elections Code Section 10002.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code Section 9280, a copy of this initiative measure. The City Attorney shall
prepare an Impartial Analysis of the initiative measure, which analysis shall not exceed
500 words in length. The Impartial Analysis shall be filed by the date set by the City Clerk
for the filing of primary arguments. In accordance with Santa Monica Municipal Code
section 11.04.190 and California Elections Code Section 9295, not less than 10 calendar
days before the City Clerk submits the official election materials for printing, the City Clerk
shall make a copy of all applicable election materials available for public examination in
the City Clerk’s Office.
SECTION 5. The City Council authorizes its members, as follows, to file written
Arguments for and against the ballot measure:
FOR: ______________________________________
AGAINST: ______________________________________
All written arguments filed by any person in favor of or against any measure, including
any rebuttal arguments, shall be accompanied by the names and signatures of the
persons submitting the arguments as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City Clerk
unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the Initiative Measure, which is
contained in Exhibit 1, which is incorporated herein, together with the City Attorney’s
Impartial Analysis, and any arguments for or against the measure, as well as any rebuttal,
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 forty (40) days and not more
than sixty (60) days before the General Municipal Election, shall cause the Text of the
Initiative Measure to be published once in the official newspaper and in each edition
thereof during the day of publication. The City Clerk is authorized to give such notices
and to fix such times and dates as are required by law or which are appropriate to conduct
the election properly.
SECTION 7. The provisions of Resolution 11118 (CCS) and 11119 (CCS) are
referred to and incorporated into this Resolution. Those Resolutions provide necessary
particulars concerning the General Municipal Election to be held on November 6, 2018,
and among other things, deal with the placing on the ballot of this and other measures as
well as the conduct, consolidation and coordination of the General Municipal Election with
the General Statewide Election, which will also be conducted on November 6, 2018. In
all respects, the election shall be held and conducted as provided for by applicable law,
including but not limited to the above referenced Resolutions. The City Clerk is authorized
and directed to procure and furnish any official ballots, notices, printe d materials and all
supplies or equipment that may be necessary in order to properly and lawfully conduct
the election.
SECTION 8. 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:
______________________
LANE DILG
City Attorney
EXHIBIT 1
TEXT OF INITIATIVE MEASURE
The proposed charter amendment reads as follows:
Section I: TITLE
This measure may be known and refened to as the "Term Limits for City
Councilmembers" Ballot Measure ..
Section II: FINDINGS AND PURPOSE
TI1e People of the City of Santa Monica find as follows:
The City of Santa Monica ctmently imposes no limits on the number of terms an
individual may serve on the City Council, which allows incumbents to remain on the City
Council for decades.
Such entrenched incumbency has made our electoral system less free, less competitive,
and less representative.
Term limits for City Councilmembers are therefore necessmy to restore free, fair, and
competitive elections; to encourage qualified candidates to seek public office; a11d to eliminate
perpetual and unfair incun1bent adva11tages.
The term limits set f01th in this charter amendment will make the electoral process in
Santa Monica more open, free, and democratic.
To achieve these purposes, this measure shall be interpreted in a ma11ner that applies the
tem1 limits broadly, not restrictively.
Section III: AMENDMENT OF CITY CHARTER, ARTICLE VI, SECTION 600
Section 600, of Article VI, of the City Charter, is amended to read (new text is shown by
underlining and deleted text is shown by strikeout):
600. Numbe1:, flfte-term. and term limits
The City Council shall consist of seven members elected from the City at large, at the
times a11d in the manner in this Chmter provided, and who shall serve for a term of four years.
The term of all members shall commence on the first Tuesday following such election
a11d each member shall serve until the member's successor is elected and qualified. Any ties in
voting shall be settled by the casting oflots.
No person shall serve more than three terms as a member of the City Council whether
consecutive or not. For purposes of this section, a partial te1m of more tha11 two years shall count
as onetem1.
2
These term limits shall apply to appointed tenns as well as elected terms.
These term limits shall apply prospectively only to those terms of office that begin on or
after the election at which this Cha1ter amendment is adopted.
Section IV: CONFLICTING PROPOSITIONS
If any other proposition, appearing on the same ballot as this proposition, addresses the
subject matter in a way that conflicts with the treatment of the subject matter in this proposition,
and if each proposition is approved by a majority vote of those voting on each proposition, then
as to the conflicting subject matter the proposition with the highest affim1ative vote shall prevail,
and the proposition with the lowest affomative vote shall be deemed disapproved as to the
conflicting subject matter.
Section V: SEVERABILITY
If any provision of this measure or its application to any person, property, or
circumstances is found to be unconstitutional or otheiwise invalid by a court of competent
jmisdiction, that invalidity shall not affect the remaining provisions of this measure or the
application of those provisions to other persons, property or circumstances, which can be
implemented without the invalid provisions and to this end, the provisions of this measure are
declared to be severable.
3
EXHIBIT 2
LETTER OF FINDINGS
DEAN C. LOGAN
Registrar-Recorder/County Clerk
July 3, 2018
Ms. Esterlina Lugo, CMC
City of Santa Monica
1685 Main Street, Room 102
Santa Monica, California 90407-2200
Dear Ms. Lugo:
We have completed the signature verification submitted on May 22, 2018 for AN INITIATIVE
MEASURE AMENDING THE CITY CHARTER TO LIMIT THE TIME A PERSON MAY SERVE
ON THE CITY COUNCIL TO THREE TERMS .
The results of the signature verification are as follows :
Number of signatures filed
Number of signatures verified
Number of signatures found sufficient
Number of signatures found not sufficient
Not sufficient because duplicate
19,166
18,943
10,620
8,323
797
Please call Tiffany Olsen, Head, Data Entry and Signature Verification at (562) 462-2376 if
you have any questions regarding the signature verification of this petition .
Sincerely,
~c~ DEAN C. LOG
Registrar-Recor County Clerk
lAvote.net 12400 Imperial Highway, Norwalk, California 90650
REFERENCE:
Resolution No. 11128
(CCS)