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SR 07-24-2018 8B City Council Report City Council Meeting: July 24, 2018 Agenda Item: 8.B 1 of 5 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 2 of 5 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 3 of 5 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 4 of 5 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. 5 of 5 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 1 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 2 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: 3 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: 4 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 5 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 1 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; 2 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. 3 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. 4 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. 1 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: 2 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. 3 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 4 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)