R11128City Council Meeting: July 24, 2018 Santa Monica,
California
RESOLUTION NUMBER 11128 (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: Mayor Pro Tempore Gleam Davis .
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, de al 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, printed 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 referred to as the "Term Limits for City
Councilmembers" Ballot Measure.
Section II: FINDINGS AND PURPOSE
The People of the City of Santa Monica find as follows:
The City of Santa Monica currently 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 necessary to restore free, fair, and
competitive elections; to encourage qualified candidates to seek public office; a nd to eliminate
perpetual and unfair incumbent advantages.
The term limits set forth 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 manner that applies the
term 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. Number, and-term, and term limits
The City Council shall consist of seven members elected from the City at large, at the
times and in the manner in this Charter 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
and each member shall serve until the member's successor is elected and qualified. Any ties in
voting shall be settled by the casting of lots.
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 term of more than two years shall count
as one term.
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These term limits shall apply to appointed term s 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 Char ter 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 pro position with the highest affirm ative vote shall prevail,
and the proposition with the lowest affir mative 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 othe rwise invalid by a court of competent
jurisdiction, that invalidity shall not affect the remaining provisions of this measure or the
application of those provisions to other persons, property or circumst ances, which can be
implemented without the invalid provisions and to this end, the provisions of this measure are
declared to be severable.
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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. 11128 (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)
01_Resolution - Initiative
Measure - Term Limits -
07242018 - FINAL
Adobe Sign Document History 07/26/2018
Created:07/26/2018
By:Esterlina Lugo (esterlina.lugo@smgov.net)
Status:Signed
Transaction ID:CBJCHBCAABAAla_VltDmlg7LHFw_hNx6oyBk2pwfq8PK
"01_Resolution - Initiative Measure - Term Limits - 07242018 - FI
NAL" History
Document created by Esterlina Lugo (esterlina.lugo@smgov.net)
07/26/2018 - 3:54:23 PM PDT- IP address: 38.95.224.253
Document emailed to Lane Dilg (lane.dilg@smgov.net) for signature
07/26/2018 - 3:55:21 PM PDT
Document viewed by Lane Dilg (lane.dilg@smgov.net)
07/26/2018 - 3:57:47 PM PDT- IP address: 38.95.224.253
Document e-signed by Lane Dilg (lane.dilg@smgov.net)
Signature Date: 07/26/2018 - 3:58:11 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 - 3:58:11 PM PDT
Document viewed by Ted Winterer (ted.winterer@smgov.net)
07/26/2018 - 5:57:45 PM PDT- IP address: 47.151.150.241
Document e-signed by Ted Winterer (ted.winterer@smgov.net)
Signature Date: 07/26/2018 - 5:58:28 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 - 5:58:30 PM PDT
Document viewed by Denise Anderson-Warren (denise.anderson-warren@smgov.net)
07/26/2018 - 6:06:39 PM PDT- IP address: 38.95.224.253
Document e-signed by Denise Anderson-Warren (denise.anderson-warren@smgov.net)
Signature Date: 07/26/2018 - 6:27:00 PM PDT - Time Source: server- IP address: 38.95.224.146
Signed document emailed to Lane Dilg (lane.dilg@smgov.net), Esterlina Lugo (esterlina.lugo@smgov.net), Ted
Winterer (ted.winterer@smgov.net), and Denise Anderson-Warren (denise.anderson-warren@smgov.net)
07/26/2018 - 6:27:00 PM PDT