SR 07-24-2018 8B
City Council
Report
City Council Meeting: July 24, 2018
Agenda Item: 8.B
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To: Mayor and City Council
From: Patty Wong, Director of Library Services, Library Services Department
Subject: Proposed Ballot Measure Amending the City Charter to Amend Boards and
Commissions Eligibility Requirement
Recommended Action
Staff recommends that the City Council:
1) Adopt the attached resolution (Attachment A) submitting to the voters a measure
amending City Charter Sections 1009, 1011, and 1015 to change the eligibility
requirement for the Library Board, Personnel Board, and Airport Commission
from qualified elector of the City of Santa Monica to resident of the City of Santa
Monica and amending City Charter Section 1005 to ensure compliance with
applicable laws.
2) Introduce for first reading the attached ordinance (Attachment B) amending
Santa Monica Municipal Code Section 2.48.010 to change the eligibility
requirement for serving on the Commission for the Senior Community from
elector of the City to resident of the City and amending Section 2.32.270 to
ensure compliance with applicable laws.
Executive Summary
In a recent comprehensive review of the City’s Boards and Commissions eligibility
requirements for service, staff identified the Library Board, Personnel Board, Airport
Commission, and Commission for the Senior Community as requiring a person be a
qualified elector of the City. The qualified elector eligibility predates and differs from
most other City boards and commissions whose members only need be Santa Monica
residents. In support of the City’s efforts to expand civic engagement and inclusive
access to all residents, including those who are not citizens, staff recommends that
Council adopt a resolution placing a measure on the November 6, 2018 ballot to amend
the City Charter to change the Library Board, Personnel Board, and Airport Commission
eligibility requirements and to ensure that any compensation or reimbursement provided
to any member of a Board or Commission is consistent with applicable federal laws
(Attachment A). Staff also recommends that Council introduce for first reading an
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ordinance amending Santa Monica Municipal Code Section 2.48.010 to change the
eligibility requirement for service on the Commission for the Senior Community from
elector to resident and ensuring that any compensation or reimbursement provided to
any member of a Board or Commission is consistent with applicable federal laws
(Attachment B).
Background
On June 26, 2018, staff presented an Information Item to Council regarding the City’s
eligibility requirements for serving on Boards and Commissions. Members of the Library
Board had recently raised the issue of inconsistent eligibility requirements amongst the
City’s Boards and Commissions, prompting staff to undertake a comprehensive review.
The assessment revealed that the Library Board, Personnel Board, A irport Commission
and Commission for the Senior Community have eligibility requirements that effectively
require members to be United States citizens (with the Library Board, Personnel Board,
and Airport Commission all having language in the City Charter requiring members be
“qualified electors,” of the City, and the Commission for the Senior Community
containing language in the Municipal Code requiring its members be “electors ” of the
City.) By contrast, members of other City boards and commissions generally need only
be Santa Monica residents.
Discussion
Current Policies
Staff examined the eligibility service requirements of all City Council-appointed boards
and commissions. Of the boards and commissions examined, only four were found to
have eligibility requirements more stringent than residency within the City. A full list of
boards and commissions (along with defunct boards and commissions) is provided as
Attachment C. Most City boards and commissions have a Santa Monica residency
requirement. Others require that a member work or do business in the City. The Library
Board, Personnel Board, Airport Commission, and Commission for the Senior
Community were identified as requiring members to be qualified electors for the City.
Charter of the City of Santa Monica: Article X
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Section 1009. Library Board.
There shall be a Library Board consisting of five members to be appointed by
the City Council from the qualified electors of the City and no member of said
Board shall hold any paid office or employment in the City government.
Section 1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed
by the City Council from the qualified electors of the City. To be eligible for
appointment, each appointee shall neither hold public office or employment
nor be a candidate for any other public office or position and shall not be an
officer of any local, state or national partisan political club or organization.
The member of the Personnel Board shall serve for a term of five years and
until their respective successors are appointed and qualified. The terms of
such members shall be staggered so that the term of one thereof shall expire
on each succeeding July 1st. Any vacancy on the Board shall be filled by the
City Council for the unexpired term.
Section 1015. Airport Commission.
There shall be an Airport Commission consisting of five members, which
shall be appointed by the City Council. They shall be qualified electors of the
City, none of whom shall hold any paid office or employment in the City
government.
Santa Monica Municipal Code: Article 2 – Administration
Chapter 2.48.010 Commission for the Senior Community.
Pursuant to the provisions of Section 1000 of the Santa Monica Municipal
Charter, the City Council does hereby create a Commission for the Senior
Community. The membership of said Commission shall be appointed by the
City Council and shall consist of nine members to be electors of the City.
None of the members shall hold any paid office or employment in City
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Government. At least five of the Commissioners shall be over sixty years of
age.
Next Steps
The California Elections Code requires that a proposal to amend a city charter,
proposed by the governing body of a city on its own motion, be submitted to the voters
at an established statewide general election, provided there are at least 88 days before
the election. Accordingly, to change the eligibility requirements for the Library Board,
Personnel Board, and Airport Commission, a measure must be placed on the ballot.
The eligibility requirements for the Commission for the Senior Community may be
changed through an amendment to the Santa Monica Municipal Code.
Summary
The City has taken several steps to support civic engagement, connected communities,
and inclusive access to resources among its non-citizen residents. Amendments to the
City Charter and Santa Monica Municipal Code to change eligibility requirements from
qualified electors to residents would foster a welcoming atmosphere in the City’s
governance and encourage civic involvement by all residents. Moreover, making this
change is consistent with the City’s objective of creating a sustainable city of wellbeing
that works for everyone. Technical changes are also recommended to ensure that any
compensation or reimbursement provided to any member of a board or commission is
consistent with applicable federal and state laws.
Financial Impacts and Budget Actions
The cost of adding the measure to the November 6, 2018 ballot is included in the FY
2018-19 budget in the Records & Election Services (City Clerk) Department.
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Prepared By: Rachel Foyt, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Resolution - Ballot Measure - Boards and Commissions - Eligibility Requirements
- 07242018
B. Ordinance - Commission for the Senior Community - Eligibility - 07242018
C. Info. Item Boards_and_Commissions_Eligibility_Requirements (Web Link)
D. Powerpoint Presentation
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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 A
MEASURE AMENDING THE CITY CHARTER TO CHANGE THE
ELIGIBIITY REQUIREMENT FOR THE LIBRARY BOARD, PERSONNEL
BOARD, AND AIRPORT COMMISSION FROM QUALIFIED ELECTOR
OF THE CITY OF SANTA MONICA TO RESIDENT OF THE CITY OF
SANTA MONICA AND TO ENSURE COMPLIANCE WITH APPLICABLE
LAWS RELATED TO COMPENSATION AND REIMBURSEMENT
WHEREAS, at a regular meeting of the City Council of the City of Santa Monica
(“City”) on July 24, 2018, the City Council recommended that Sections 1009, 1011, and
1015 of the City Charter be amended to change the eligibility requirements for service on
the Library Board, Personnel Board, and Airport Commission from “qualified elector” of
the City to “resident” of the City and would amend City Charter Section 1005 to ensure
compliance with applicable laws related to reimbursement and compensation ; and
WHEREAS, California Elections Code Section 9255(b) requires that a proposal to
amend a city charter, proposed by the governing body of a city on its own motion, 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 June 12, 2018, the City Council adopted a Resolution calling f or
and giving notice of a General Municipal Election on Tuesday, November 6, 2018; and
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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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOW S:
SECTION 1. A General Municipal Election has been called for November 6, 2018,
for the purpose of, among other things, electing members of the City Council and
submitting measures and ballot propositions 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:
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MEASURE “_”:
Shall the City Charter be amended to change the eligibility
requirement for service on the City’s Library Board,
Personnel Board, and Airport Commission from that of
“qualified elector” of the City to “resident” of the City and to
ensure compliance with applicable laws related to
compensation and reimbursement?
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 ballot measure. The City Attorney shall
prepare an impartial analysis of the ballot measure, which 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 or against the ballot measure:
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FOR:
AGAINST:
All written arguments filed by any person in favor of or against the ballot 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 unt il 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 ballot 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 statewide general election, shall cause the text of the
ballot 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 properly
the election.
SECTION 7. The provisions of Resolutions 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
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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, printed
materials and all supplies or equipment that may be necessary in order to conduct the
election properly and lawfully.
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
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Exhibit 1
CITY COUNCIL PROPOSED MEASURE TO AMEND THE CITY
CHARTER TO CHANGE THE ELIGIBIITY REQUIREMENT FOR THE
LIBRARY BOARD, PERSONNEL BOARD, AND AIRPORT
COMMISSION FROM QUALIFIED ELECTOR OF THE CITY OF SANTA
MONICA TO RESIDENT OF THE CITY OF SANTA MONICA AND TO
ENSURE COMPLIANCE WITH APPLICABLE LAWS RELATED TO
COMPENSATION AND REIMBURSEMENT
WHEREAS, the Charter of the City of Santa Monica (“City”) currently requires that
a person be a “qualified elector” of the City in order to be eligible for appointment to the
City Library Board, Personnel Board or Airport Commission; and
WHEREAS, the City Charter requires that a person be a “resident” of the City in
order to be eligible for appointment to serve on the City Planning Commission or
Recreation and Parks Commission; and
WHEREAS, the City seeks to foster a connected and engaged community, to
expand civic engagement, inclusive of non-citizen residents, and to promote a sustainable
city of wellbeing for all; and
WHEREAS, the City Council wishes to place before the voters a measure that
would amend City Charter Sections 1009, 1011, and 1015 to change the eligibility
requirement for the Library Board, Personnel Board, and Airport Commission from
“qualified elector” of the City to “resident” of the City and would amend City Charter
Section 1005 to ensure compliance with applicable laws related to reimbursement and
compensation;
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NOW, THEREFORE,
SECTION 1. Section 1005 of the City Charter is amended as follows:
1005. Compensation.
The members of all boards and commissions, except the Planning Commission,
shall serve without compensation for their services as such, but shall receive
reimbursement for necessary traveling and other expenses when on official duty out of
the City on order of the City Council.
Members of the Planning Commission shall receive reimbursement for necessary
traveling and other expenses when on official duty out of the City on order of the City
Council. In addition, pursuant to an ordinance duly adopted by the City Council, members
of the Planning Commission may be compensated $25.00 per meeting up to a maximum
of $100.00 per month. Such compensation shall be deemed reimbursement for out -of-
pocket expenditures and costs imposed upon members in serving on the Planning
Commission. Pursuant to an ordinance duly adopted by the City Council, the amount of
compensation for Planning Commissioners may be increased by an amount equal to the
increase in the Consumer Price Index for each calendar year from the operative date of
the last adjustment of the compensation in effect when the ordinance is adopted. The
Consumer Price Index (CPI) shall be the CPI for all Urban Consumers for the Los
Angeles, Long Beach, Anaheim Metropolitan Area (All Items), provided by the United
States Bureau of Labor Statistics or other comparable index determined to be appropriate
by the City Council.
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A member of a board or commission shall receive compensation or reimbursement
pursuant to this section only if in accordance with otherwise applicable federal, state, and
local laws.
SECTION 2. Section 1009 of the City Charter is amended as follows:
1009. Library Board.
There shall be a Library Board consisting of five members to be appointed by the
City Council from the qualified electors residents of the City and no member of said Board
shall hold any paid office or employment in the City government.
SECTION 3. Section 1011 of the City Charter is amended as follows:
1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed by
the City Council from the qualified electors residents of the City. To be eligible for
appointment, each appointee shall neither hold public office or employment nor be a
candidate for any other public office or position and shall not be an officer of any local,
state, or national partisan political club or organization.
The members of the Personnel Board shall serve for a term of five years and until
their respective successors are appointed and qualified. The terms of such members
shall be staggered so that the term of one thereof shall expire on each succeeding July
1st. Any vacancy on the Board shall be filled by the City Council for the unexpired term.
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SECTION 4. Section 1015 of the City Charter is amended as follows:
1015. Airport Commission.
There shall be an Airport Commission consisting of five members, which shall be
appointed by the City Council. They shall be qualified electors residents of the City, none
of whom shall hold any paid office or employment in the City government.
SECTION 5. If any section, subsection, sentence, clause or phrase of this
measure is for any reason held to be unconstitutional or otherwise legally invalid by a
decision of any court of competent jurisdiction, such decision shall not affect the validity
and force of the remaining portions of this measure. The City Council hereby declares
that it would have placed this City Charter amendment before the voters, and the voters
declare that they would have adopted this Charter Amendment and each portion thereof
regardless of the fact that any portion may be subsequently declared invalid.
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City Council Meeting: July 24, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.48.010
TO CHANGE THE ELIGIBILTY REQUIREMENT FOR SERVING ON THE
COMMISSION FOR THE SENIOR COMMUNITY FROM ELECTORS OF THE CITY TO
RESIDENTS OF THE CITY AND SECTION 2.32.270 TO CLARIFY COMPENSATION
FOR PLANNING COMMISSIONERS
WHEREAS, the Santa Monica Municipal Code currently requires that a person be
an “elector” of the City of Santa Monica (“City”) in order to be eligible for appointment to
the City’s Commission for the Senior Community; and
WHEREAS, the City Charter and the Santa Monica Municipal Code currently
contain inconsistent eligibility requirements and, for many other City boards and
commissions, require that a person be a “resident” of the City; and
WHEREAS, the City seeks to foster a connected and engaged community, to
expand civic engagement, inclusive of non-citizen residents, and to promote a sustainable
city of wellbeing for all.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. Santa Monica Municipal Code Section 2.32.270 is hereby amended to
read as follows:
2.32.270 Compensation for Planning Commissioners.
(a) Members of the Planning Commission will be compensated in the amount of
Twenty-Five Dollars ($25.00) per meeting attended, to a maximum of One Hundred
Dollars ($100.00) per month. Such compensation shall be deemed reimbursement for
out-of-pocket expenditures and costs imposed upon members in serving on the Planning
Commission.
(b) Beginning twelve (12) months after the first date of the adoption of this
Section, and once yearly thereafter, the amount of compensation for Planning
Commissioners shall be increased by an amount equal to the increase in the Consumer
Price Index for the prior twelve (12) month period. As used in th is Section, the Consumer
Price Index (“CPI”) shall be the CPI for All Urban Consumers for the Los Angeles, Long
Beach, Anaheim Metropolitan Area provided by the United States Bureau of Labor
Statistics, unless another comparable index is determined to be a ppropriate by resolution
of the City Council.
(c) Planning Commissioners shall receive compensation or reimbursement
pursuant to this section only if in accordance with otherwise applicable federal, state, and
local laws.
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Section 2. Santa Monica Municipal Code Section 2.48.010 is hereby amended to
read as follows:
2.48.010 Commission for the Senior Community.
Pursuant to the provisions of Section 1000 of the Santa Monica Municipal Charter,
the City Council does hereby create a Commission for the Senior Comm unity. The
membership of said Commission shall be appointed by the City Council and shall consist
of nine members to be electors chosen from the residents of the City. None of the
members shall hold any paid office or employment in City Government. At least five of
the Commissioners shall be over sixty years of age.
Section 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, claus e, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Proposed Ballot Measure
Amending the City Charter to Amend
Boards and Commissions Eligibility
Requirement
July 24, 2018
Erica Cuyugan –Library Department
Background:
Inconsistent Eligibility Requirements for Boards/Commissions
•Library Board (Charter)
•Personnel Board (Charter)
•Airport Commission (Charter)
•Commission for the Senior Community (Municipal Code)
Eligibility Requirements Language: “Qualified Electors” or “Electors”
Update “Qualified Electors” to “Residents”
Staff Recommendations
1 –Adopt Resolution for Ballot Measure to Amend
City Charter
2 –First Reading of Ordinance Amending Santa
Monica Municipal Code Section 2.48.010
Ballot Measure
MEASURE “_”:
Shall the City Charter be amended to change the eligibility requirement for
service on the City’s Library Board, Personnel Board, and Airport Commission
from that of “qualified elector” of the City to “resident” of the City and to
ensure compliance with applicable laws related to compensation and
reimbursement?
YES
_________
NO
Important Dates:
·August 7 –Deadline for Arguments in Favor/Against
·August 17 –Deadline for Rebuttal Arguments (if needed)
·November 6 –Election Day
Ordinance Language
2.48.010 Commission for the Senior Community.
Pursuant to the provisions of Section 1000 of the Santa Monica Municipal
Charter, the City Council does hereby create a Commission for the Senior
Community. The membership of said Commission shall be appointed by the
City Council and shall consist of nine members to be electors chosen from the
residents of the City.
Commitment to Equity, Inclusion, and Civic Engagement
Updating this language will further promote and align with the City’s
commitment to equity and inclusion, as well as efforts to support full
community engagement at all levels, regardless of citizenship status.
Thank you for your consideration.
REFERENCE:
Resolution No. 11129
(CCS)