R11129 1
City Council Meeting: July 24, 2018 Santa Monica, California
RESOLUTION NUMBER 11129 (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
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 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 for
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: Mayor Ted Winterer .
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 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 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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Adopted and approved this 24th day of July, 2018.
__________________________
Ted Winterer, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11129 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 24th day of July, 2018, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O’Connor, Vazquez
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Day
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
Ted Winterer (Jul 26, 2018)
Ted Winterer
Denise Anderson-Warren (Jul 26, 2018)
Denise Anderson-Warren
02_Resolution - Ballot Measure
- Boards and Commissions
- Eligibility Requirements -
07242018 - FINAL
Adobe Sign Document History 07/26/2018
Created:07/26/2018
By:Esterlina Lugo (esterlina.lugo@smgov.net)
Status:Signed
Transaction ID:CBJCHBCAABAAFxXP0tEJsfuNezZt-EU9WoiMcqjh_1pf
"02_Resolution - Ballot Measure - Boards and Commissions - Eli
gibility Requirements - 07242018 - FINAL" History
Document created by Esterlina Lugo (esterlina.lugo@smgov.net)
07/26/2018 - 4:00:10 PM PDT- IP address: 38.95.224.253
Document emailed to Lane Dilg (lane.dilg@smgov.net) for signature
07/26/2018 - 4:01:08 PM PDT
Document viewed by Lane Dilg (lane.dilg@smgov.net)
07/26/2018 - 4:01:36 PM PDT- IP address: 38.95.224.253
Document e-signed by Lane Dilg (lane.dilg@smgov.net)
Signature Date: 07/26/2018 - 4:01:53 PM PDT - Time Source: server- IP address: 38.95.224.253
Document emailed to Ted Winterer (ted.winterer@smgov.net) for signature
07/26/2018 - 4:01:54 PM PDT
Document viewed by Ted Winterer (ted.winterer@smgov.net)
07/26/2018 - 5:11:56 PM PDT- IP address: 174.211.16.99
Document e-signed by Ted Winterer (ted.winterer@smgov.net)
Signature Date: 07/26/2018 - 5:59:08 PM PDT - Time Source: server- IP address: 47.151.150.241
Document emailed to Denise Anderson-Warren (denise.anderson-warren@smgov.net) for signature
07/26/2018 - 5:59:08 PM PDT
Document viewed by Denise Anderson-Warren (denise.anderson-warren@smgov.net)
07/26/2018 - 6:27:54 PM PDT- IP address: 38.95.224.146
Document e-signed by Denise Anderson-Warren (denise.anderson-warren@smgov.net)
Signature Date: 07/26/2018 - 6:29:02 PM PDT - Time Source: server- IP address: 38.95.224.146
Signed document emailed to Lane Dilg (lane.dilg@smgov.net), Denise Anderson-Warren (denise.anderson-
warren@smgov.net), Ted Winterer (ted.winterer@smgov.net), and Esterlina Lugo (esterlina.lugo@smgov.net)
07/26/2018 - 6:29:02 PM PDT