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.
These term limits shall apply to appointed terms 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 Charter
amendment is adopted.
Note: Res. 6872CCS, adopted 6/26/84, amends Charter Section
1400 regarding election dates.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS; amended at General Municipal Election, November 6, 2018, certified by Res. No. 11154CCS)
No person shall be eligible to hold office as a member of the
City Council unless he or she is a registered voter and otherwise
qualified to vote for the office at the time that nomination papers
are issued to him or her or at the time of his or her appointment
to the office.
Note: Residency requirement is 30 days based on Johnson vs.
Hamilton, California Supreme Court, October 27, 1975.
(Amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
The members of the City Council shall receive no compensation
for their services, except as provided for below:
(a) The
members of the City Council shall receive compensation in the amount
of $750.00 each month. The Mayor shall receive compensation in the
amount of $900.00 per month;
(b) Notwithstanding
the amount provided for in paragraph (a) of this section, the compensation
received by the members of the City Council and Mayor shall be automatically
increased effective July 1 of each year, in an amount equal to the
increase in the Consumer Price Index (CPI) for the twelve month period
immediately preceding July 1. As used in this section, the CPI shall
be the index 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 as may be developed
to take its place;
(c) The
members of the City Council and Mayor shall receive medical, dental,
health, and other benefits of employment paid for by the City, provided
these benefits are routinely and customarily available and paid for
by the City to City miscellaneous employees. The members of the City
Council and Mayor shall receive reimbursement and allowance for travel
and for other expenses related to their fulfilling their official
duties and the holding of public office upon the same terms and conditions
applicable to City departmental directors. The sums received pursuant
to this paragraph shall not be included for purposes of determining
monthly compensation under paragraph (a) of this section.
(Amended by Res. No. 1354CCS, adopted 12/14/54; amended at General Municipal
Election, November 3, 1998)
A vacancy in the City Council from whatever cause arising, shall
be filled by appointment by the City Council, such appointee to hold
office until the first Tuesday following the next general municipal
election and until the appointee’s successor is elected and
qualified. At the next general municipal election following any vacancy,
a Councilmember shall be elected to serve for the remainder of any
unexpired term.
If a member of the City Council is absent from all regular meetings
of the City Council for a period of sixty days consecutively from
and after the last regular City Council meeting attending by such
member, unless by permission of the City Council expressed in its
official minutes, or is convicted of a crime involving moral turpitude,
or ceases to be an elector of the City, the City Councilmember’s
office shall become vacant and shall be so declared by the City Council.
In the event the City Council shall fail to fill a vacancy by
appointment within thirty days after such office shall have been declared
vacant, it shall forthwith cause an election to be held to fill such
vacancy.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
(a) On
the first Tuesday following any general or special municipal election
at which City Councilmembers are elected, the City Council shall meet
and shall elect one of its members as its presiding officer, who shall
have the title of Mayor. The Mayor shall have a voice and vote in
all its proceedings. The Mayor shall be the official head of the City
for all ceremonial purposes. The Mayor shall perform such other duties
as may be prescribed by this Charter or as may be imposed by the City
Council consistent with the Mayor’s office. The Mayor shall
serve in such capacity at the pleasure of The City Council.
(b) Mayor
Pro Tempore. The City Council shall also designate one of its members
as Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties
of the Mayor during the Mayor’s absence or disability.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
All powers of the City shall be vested in the City Council,
subject to the provisions of this Charter and to the Constitution
of the State of California.
Exclusive of special levies permitted by this Charter, the City
Council shall not levy a property tax in excess of One ($1.00) Dollar
on each One Hundred ($100.00) Dollars of the assessed value of taxable
property in the City for municipal purposes, unless authorized by
the affirmative votes of two-thirds of the electors voting on the
proposition at any election at which the question of such additional
levy for municipal purposes is submitted to the electors.
There shall be levied and collected at the time and in the same
manner as other property taxes for municipal purposes are levied and
collected, as additional taxes, if no other provision for payment
thereof is made:
(a) A
tax sufficient to meet all liabilities of the City for principal and
interest of all bonds or judgments due and unpaid, or to become due
during the ensuing fiscal year; and
(b) A
tax sufficient to meet all obligations of the City to the State Employes
Retirement System, or other system for the retirement of City employes,
due and unpaid or to become due during the ensuing fiscal year.
Special levies, in addition to the above, may be made annually,
based on approved budget requirements, for the following specific
purposes: parks, recreation and music, City planning, libraries, schools,
advertising, and emergency care and relief of needy persons. The proceeds
of any such special levy shall be used for no other purpose than that
specified.
|
The bonded indebtedness of the City may not exceed the sum of
ten (10%) percent of the total assessed valuation of property within
the City, exclusive of any indebtedness that has been or may hereafter
be incurred for the purpose of acquiring or establishing a system
of waterworks for the supplying of water, or for the purpose of constructing
sewers or drains in the City, for which purposes a further indebtedness
may be incurred by the issuance of bonds, subject only to the provisions
of the State Constitution and of this Charter.
The City Council shall, by ordinance, adopt procedures and requirements
for the purchase of supplies and equipment; for the provision of personal
services, including without limitation, professional consultant agreements
in excess of $50,000; and for the award of bids for public works projects.
Such an ordinance should preserve public confidence in the integrity
and openness of the City contracting process, protect public funds,
and insure that the City obtains materials or service of appropriate
quality. To the extent permitted by law, the City Council shall adopt
procedures which encourage the award of City contracts to disadvantaged
or minority persons.
Pursuant to an ordinance duly adopted by the City Council, the
personal services agreements subject to the dollar requirements of
this Section may be adjusted by an amount no greater than the cumulative
percentage increase in the Consumer Price Index as measured from the
operative date of the last such adjustment, provided that such adjustments
shall occur only once in any five year period. 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.
(Amended by Res. No. 1354CCS, adopted 12/14/54; General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
In the event that there is more than one newspaper of general
circulation published in the City, the City Council annually, prior
to the beginning of each fiscal year, shall publish a notice inviting
bids and contract for the publication of all legal notices or other
matter required to be published, in a newspaper of general circulation
published and circulated in said City, during the ensuing fiscal year.
In the event there is only one newspaper of general circulation published
in the City, then the City Council shall have the power to contract
with such newspaper for the printing and publishing of such legal
notices without being required to advertise for bids therefor. The
newspaper with which any such contract is made shall be designated
the official newspaper for the publication of such notices or other
matter for the period of such contract.
In no case shall the contract prices for such publication exceed
the customary rates charged by such newspaper for the publication
of legal notices of a private character.
In the event there is no official newspaper designated by the
City Council, then all legal notices or other matter may be published
by posting copies thereof in at least three public places in the City.
No defect or irregularity in proceedings taken under this section,
or failure to designate an official newspaper, shall invalidate any
publication where the same is otherwise in conformity with this Charter
or law or ordinance.
Neither the City Council nor any of its members shall order
or request directly or indirectly the appointment of any person to
an office or employment or the removal of any person therefrom, by
the City Manager, or by any of the department heads in the administrative
service of the City. Except for the purpose of inquiry, the City Council
and its members shall deal with the administrative service under the
City Manager solely through the City Manager and neither the City
Council nor any member shall give orders to any subordinates of the
City Manager, either publicly or privately.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Council shall hold regular meetings at least twice
each month, at such times as it shall fix by ordinance or resolution
and may adjourn or readjourn any regular meeting to a date certain,
which shall be specified in the order of adjournment and when so adjourned,
each adjourned meeting shall be a regular meeting for all purposes.
The City Council may call special or emergency meetings at locations,
upon notice, and in accordance with procedures as permitted by law.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
Unless otherwise permitted by federal or state law, City Council
meetings shall be open and accessible to all members of the public.
The City Council may hold its meetings in the City Council Chambers
of the City Hall or at such other locations as the City Council may
by ordinance or resolution designate.
The City Council shall by ordinance establish procedures for
informing the public of its meetings. The ordinance shall ensure that,
to the maximum extent feasible, the public is provided with timely
and adequate notice of City Council agenda and that the public is
provided with the opportunity to comment on proposed City Council
actions.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
Four members of the City Council shall constitute a quorum to
do business, but a less number may adjourn from time to time. The
City Council shall judge the qualifications of its members as set
forth by the Charter and shall judge all election returns. Each member
of the City Council shall have the power to administer oaths and affirmations
in any investigation or proceeding pending before the City Council.
The City Council may establish rules for the conduct of its
proceedings and punish any member or other person for disorderly conduct
at any meetings. It shall have the power and authority to compel the
attendance of witnesses, to examine them under oath, and to compel
the production of evidence before it. Subpoenas may be issued in the
name of the City and be attested by the City Clerk. Disobedience of
such subpoenas, or the refusal to testify (upon other than constitutional
grounds), shall constitute a misdemeanor.
The City Council shall cause the City Clerk to keep a correct
record of all its proceedings, and at the demand of any member or
upon the adoption of any ordinance, resolution, or order for the payment
of money, the City Clerk shall call the roll and shall cause the ayes
and noes taken on any question, to be entered in the minutes of the
meeting.
With the sole exception of ordinances which take effect upon
adoption, hereinafter referred to, no ordinance shall be adopted by
the City Council on the day of its introduction, nor within five days
thereafter, nor at any time other than at a regular or adjourned regular
meeting. At the time of adoption of an ordinance or resolution it
shall be read in full, unless, after the reading of the title thereof,
the further reading thereof is waived by unanimous consent of the
City Councilmembers present. In the event that any ordinance is altered
after its introduction, the same shall not be finally adopted except
at a regular or adjourned regular meeting, held not less than five
days after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not constitute
the making of an alteration within the meaning of the foregoing sentence.
No order for the payment of money shall be adopted or made at
any other than a regular or adjourned regular meeting.
The affirmative votes of at least four members of the City Council
shall be required for the enactment of any ordinance or resolution,
or for the making or approving of any order for the payment of money.
The affirmative votes of at least five members of the City Council shall be required for the adoption of an amendment to (a) the Land Use and Circulation Element (LUCE) or (b) the Downtown Community Plan (DCP), where that amendment would increase the maximum height limit or floor area ratio specified in any land use designation in the LUCE or the DCP, except that this requirement shall not apply to 100% Affordable Housing Projects as defined in Section
9.52.020 of the Zoning Ordinance and development projects on property owned by the Santa Monica-Malibu Unified School District or successor school district in the City of Santa Monica. A vote on an amendment covered by this provision may only be taken when all members of the City Council eligible to vote are present. This requirement shall terminate on November 6, 2028.
Emergency Ordinances. Any ordinance declared by the City Council
to be necessary as an emergency measure for preserving the public
peace, health or safety and containing a statement of the reasons
for its urgency, may be introduced and adopted at one and the same
meeting if passed by at least five affirmative votes.
(Amended at General Municipal Election, November 6, 2018, certified by Res. No. 11154CCS; amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
In addition to such acts of the City Council as are required
by statute or by this Charter to be by ordinance, every act of the
City Council establishing a fine or other penalty or granting a franchise
shall be by ordinance.
The enacting clause of all ordinances shall be substantially
as follows: “The City Council of the City of Santa Monica does
ordain as follows:”
The City Clerk shall cause each ordinance to be published at
least once in the official newspaper within fifteen days after its
adoption. The City Clerk may satisfy the requirement to publish each
ordinance by causing a fair and impartial summary of the ordinance
to be published within fifteen days after the ordinance’s adoption
by posting a copy of the full ordinance in the office of the City
Clerk. The City Attorney shall prepare the fair and impartial summary
of each ordinance which is to be published by summary.
(Adopted at Municipal Election, 11/8/94)
Any and all ordinances of the City which have been enacted and
published in the manner required at the time of their adoption, and
which have not been repealed, may be compiled, consolidated, revised,
indexed, and arranged as a comprehensive ordinance code, and such
code may be adopted by reference by the passage of an ordinance for
such purpose. Such code need not be published in the manner required
for other ordinances, but not less than three copies thereof shall
be filed, for use and examination by the public, in the office of
the City Clerk, prior to the adoption thereof. Subsequent amendments
to sections of the code shall be enacted in the same manner as herein
required for the amendment of ordinances generally.
Detailed regulations pertaining to any subject, such as the
construction of buildings, plumbing, wiring or other subjects which
require extensive regulations, after having been arranged as a comprehensive
code, may likewise be adopted by reference in the manner hereinabove
provided.
No ordinance shall become effective until thirty days from and
after the date of its adoption, except the following, which shall
take effect upon adoption:
(a) An
ordinance calling or otherwise relating to an election;
(b) An
improvement proceeding ordinance adopted under some law, or procedural
ordinance;
(c) An
ordinance declaring the amount of money necessary to be raised by
taxation, or fixing the rate of taxation; or
(d) An
emergency ordinance adopted in the manner herein provided.
A violation of any ordinance of the City shall constitute a
misdemeanor and may be prosecuted in the name of the people of the
State of California or may be redressed by civil action. The maximum
fine or penalty for any violation of a City ordinance shall be the
sum of Five Hundred ($500.00) Dollars, or a term of imprisonment for
a period not exceeding six months, or both such fine and imprisonment.
The City Council may provide by ordinance that persons imprisoned
in the City Jail for violation of law or ordinance may be compelled
to labor on public works. This Section does not limit the City’s
power to establish civil penalties or fines by ordinance.
(Adopted at General Municipal Election, 11/7/00, Measure MM)
The amendment of any section, or sections of an ordinance may
be accomplished solely by the re-enactment of such section or sections
at length as amended.
The City Council by ordinance shall at all times require that
not less than thirty percent (30%) of all multifamily-residential
housing newly constructed in the City on an annual basis is permanently
affordable to and occupied by low and moderate income households.
For purposes of this Section, “low income household” means
a household with an income not exceeding sixty percent (60%) of the
Los Angeles County median income, adjusted by family size, as published
from time to time by the United States Department of Housing and Urban
Development, and “moderate income household” means a household
with an income not exceeding one hundred percent (100%) of the Los
Angeles County median income, adjusted by family size, as published
from time to time by the United States Department of Housing and Urban
Development. At least fifty percent (50%) of the newly constructed
units required to be permanently affordable by this Section shall
be affordable to and occupied by low income households.
(Adopted at Municipal Election, 11/6/90, certified by Res. No. 8121CCS)
Subject only to limitations imposed by law, the City Council
shall have full authority, without voter approval, to regulate use
of the Santa Monica Airport, manage Airport leaseholds, condition
leases, and permanently close all or part of the Airport to aviation
use.
If all or part of the Airport land is permanently closed to
aviation use, no new development of that land shall be allowed until
the voters have approved limits on the uses and development that may
occur on the land. However, this section shall not prohibit the City
Council from approving the following on Airport land that has been
permanently closed to aviation use: the development of parks, public
open spaces, and public recreational facilities; and the maintenance
and replacement of existing cultural, arts and education uses.
(Adopted at Municipal Election 11/4/14, certified by Res. No. 10850CCS)