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SR-5A (2)Ord ~~(°I~J~ ~ ~ ~ ~ ~ ~~ ~ DEC ~ 5 ~8 CC flctyclerklelec#Eanslstaffrpt supp two City Council Meetmg December 15, 1998 TQ Mayor and City Council FROM C~ty Staff SUBJECT Intraduc#ion a~d F~rst Readmg of ~rd~nar~ce ReEattng to the Sett~ng of Special Elections to F~II an Unscheduled Vacancy on the City Council Intr~ductian At ~ts meetmg af December 8. ~ 998, the C~ty Cauncil directed staff to place on the December 15. 1998, Counc~l meeting agenda an ordmance far first readmg pro~iding for Counc+l to set the date for a speciai elect~an by resolution A sp~aal election ~s needed to fill an unscheduled vacarrcy on #he City Counal resulting from #~rmer Couneilmember Greenberg's resignatian Council has cans~dered set#mg the dates of Apr~l 24-25, 1999, as the dates #o hoid a special election. Election Procedures Staff recommends Councrk ~n#raduce and hald first readmg of the vrdinance, and meet at the regular meeting of Tuesday, December 22, 1998, to hold secand reading and advpt the ordinance and the accompanytng resolutions necessary ta call the election. Staff recommends t~at Counc~l select one of the three opt~ons present~d on December 8, 1998, for t~e safekeepmg o# ~o#ed baf~ots at the en~ of the first election day The opt~ons were (i} Lea~e ballots at polling site w~#h a pal~ce officer or~ guard, (E~} ha~e precmct officers del~~er ~ated ballats to the Elect~ons Officer after the polls close on Saturday and election staff to return ballo# to prec~nct o#f~cers the followmg morn~ng prior to the open~ng of the polling s~tes, {~-i) have precmct offfcers dei~v~r voted ballots 1 ~ ~ DEC f 5 i~9B to the Electivr~ Officer after the polls ciose on 5aturday, and direct the Electivn Officer to maintain custody of ~oted ballots and issue a second ballot bax ta the precmct off~cer tv ~e used far bal~ots ~oted or~ the fallowing day Staff recommends that Counc~l del~berate and take action on the hours the poll~ng s~tes will be apen on Saturday and Sunday Sta~f also recommends that CauncGl d~rect staff to prepare an ordinance settmg forth the procedures to be fol[awed on the two elect~an days, 5aturday, ApriE 24, 1999, and Sunday, April 25. 1999, and return to Council as saon as poss~ble far first and secand reading afi sa~d ordinance In an effvrt to assure tha# precinct officers will be present at their polling sites on both days, staff is recommend~ng a stipend of $50 for the #irst day and $7~ for the second day for precinct afficers and $40 for the f~rst day and $60 for the second day for precinct clerks The procedure for guarding the ~o#ed ba4lats, the f~ours the pallmg sites wGll be open. and the stipend to be paid to precinet workers wilf be incorporated mta the resoEution callmg the spec~al election (see sample attached) Th~s resolut~on, alang w~th the other threa resolut~or~s r~q~estrr~g services from the County Clerk, ~eqc+est+ng cvnsr~lting ser~~ces and supplies from election consultant, and direct~ng the C~ty Clerk ta can~ass the results of the election w~ll ~e brought to Counc~l at the next meetmg #or adopt~on Budqet/Financ~al Impact There are no appro~ed funds in the City Clerk's Off~ce elections budg~t for F~scal Year 1998-1999 Staff is requesting funds for services and supplies from Martin & Chapman in the amQUnt of $60,004, including approximately $4,763 for cantangencies Staff is also reques#in~ ~20,000 ~n funding for serW~ces from Los Angeles County Altho~gh ~t ~ ~s not antic~pated that the cost will be that h~gh, ~t ~s d~fficult to estimate a more precise amount since th~s ~s the first stand-alone election in a long time Staff is requesting $15,Q44 for pastage and $9,540 for labar casts tv mail out voter pamphlets Thcs estimatE is based an the cost f~r ma~l~ng pamphlets for the 1996 election The pamphlet for the speciaf elec#ion would contain #ewer pages than the 1996 pamphlet and cost less Hawever, there w~ll be the added cost of mailFng out absentee ballats d~rectly frQm aur aff~ce, and not from the County F~nally, staff is requesting $42,540 far various other costs ~ncluding, but nat lim~ted to stipends for precmct workers and fees #ar using prscinct s~tes, wages for tempo~ary and electior~ day workers, o~ertime funds far City Clerk's staff, legal publishing costs, and, miscellaneous supplies and expenses If a special election Gs called, there wili be a need ta augmant CityTV's budget ta accommodate electian pragramming Staff recommends that $10,000 be appro~r~ated for F~scal Year 1998-99 In summary we are requesting a totai appropriation af ~i 57,80D to be allocated as follows $1 ~,000 to 01-120-212-OQ000-2232-00000 (metered pastage}; $800 00 to 01-120-21~-00000-2252-00000 (legal advert~s~ng}, $122,000 ta 0~-120-212-00000-550fi-00000 (Prafessional Serv~ces), ~2,000 to 01-120-212-00000-2231-Q0000 (office supplies}, $2,000 to ~1-120-212-QD000-115Q-D00~0 {temporary employees), $6,000 to 01-120-212-00000-1149-00000 (o~ertime}, and, $10,Q00 to 51-110-2Q7-QQ000-4439-00000 (other costs) Recammendation Staff recomme~ds that Council introduce and hold first reading of the ord~nance and schedule a second meeting for the adapt~on of sa~d ordmance 3 Staf# recommends ti~at Counc~l approve a mo#~on seiect~ng an opt~an for safakeepmg of #he ~oted ballots at the end of the f~rst elect~on day Staff recommends that Council establish th~ hours polling sites will open and c~ose an April 24-25, 1999 Staff recommends that Counc~l d~rect staff to prepare an ord~nance settmg forth elect~on days' procedur~s and return to Council as soon as possible with said ordmance Staff recommends that Co~na1 approWe the appropriatian of funds m the amaunt o# $157,800, as autl~ned ~n the Budget/F-nanc~al Impact port~ort o# the report Prepared by Maria M Stewart. C~ty Clerk Attachments Ordmance Relating to the S~t#ing of Spec~al Elections Resalutian Call~ng Special Election ~ f lattylmunillawslm~mispecelec ord City Counc~l Meeting 12-15-98 ORDINANCE NUMBER (City Counc~i Ser~es) Santa Monica, California AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 11 04 180 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE SETTING OF SPECIAL ELECTIONS WHEREAS, Santa Mon~ca City Charter Section 1403 authorizes the C~ty Council to adopt an ordinance if it desires to set an election an a date other than that set forth in tF~e California Elections Code, and WHEREAS, when a City Council vacancy occurs which cannot be filled either at the next general election due to the timing of the vacancy nor by appointment, a special election must be set to filf that vacancy, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTIQN 1 Sect~an 11 04 180 is hereby added to the Santa Monica Mun~cipal Code to read as foEEows 1 Section 77.04.180. Setting o# Special Elections by Resolution. The C~ty Council is author~~ed to set the date o# a special electior~ f~y resolution The City Councfl may set the date of a speciaf election on an establtshed election date as prov~ded far by the Californ~a Elections Code or on any other date as the CiEy Council may select as permitted by faw SECTION 2 Any provis~on of the 5anta Monica Municipal Cade or appendices thereto incans~stent with the provisions af this OrdEnance, #o #he extent of such inconsistencies and no further, is hereby repealed o~ mod~fied to that ex#ent necessary to effect the pro~isions of thas ~rdinance SECTION 3 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be anvalid or unconstitutional by a decision of ar~y court af competent ~urisdiction, such decisGOn shall nat affect the validity of the remaming portions of this Ordinance The City Council hereby declares tF~at ~t would ha~e passed this Ord~nance a~d each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invaE~d or uncanstitutiona! 2 SECTION 4 T~e 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 offic~al newspaper w~thin 15 days after its adopt~on This Ordinance shall become effective upon ~ts adopt~on APPROVED AS TO FORM ; ~ 1 ~ ~i ~x ~. ~.. f~~ . f~ _~ ~ ! :~cL, ~t N~ARSHA JONES~MOIJTRIE C~ty Attorney ~ 3 f lattylmunillawslm~mlcailelec res City Council Meetmg 12-~ 5-98 Sar~ta Monica, Cal~fomia RESOLUTION NUMBER (GCS) (City Council Series} A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF SANTA MONICA GALLlNG AND GIViNG NOTfCE ~F A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SATURDAY, APRIL 24, 1999 AND SUNDAY, APRIL 25, 1999 FOR THE ELECTI4N O~ A CITY C~UNCILMEMBER TO FILL A VACANCY AS REQU~RED BY THE SANTA MONICA CITY CHARTER WHEREAS, a vacancy on t~e City Caunc~l was created by the resignation of City Counciimember Asha Gr~enb~rg who submitted her resEgnation effecti~e September 25, 1998, and whose res~gnation was accepted by the City Council on October 13, 1998, and WHEREAS, the term af offECe m whEch #he vacancy occurs ends No~ember 5, ~000, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FQLLOWS SECTiON 1 Pursuant to the requirements of the Santa Monica City Ct~arter, there is cailed and ordered to be held in the C~#y of Santa Monica on Saturday, April 24, ~ 999, and Sunday, April 25, 1999, a Special Municipal Election for the purpose of the efection of a C~ty Councilmember for the term of office in which a ~acancy was created by the resignat~an of City Counc~lmember Asha Greenberg which ends No~ember 5, 2000 1 SECTION 2 The ballots to be used at the election shall be in form and content as requ~red by law SECTION 3 The City Clerk is author~zed, ~nstructed and directed to procure and fumish any and all official ballats, notices, prmted matter and all supplies, equipment a~d paraphernalia that may be necessary in order to properly and lawfully conduct the election SECTION 4 The polls shail ~e open at o'clock a m on Apr~! 24, 1999, the first day of the election and shall remain o~en continuously from that time until o'clock p m of the same day, when the polls shall be closed SECT~QN 5 The palls shall be oper~ a# o'clock a m on April 25, 1999, the second day of the election and shall remain open continuous~y from that time until o'clock p m of the same day, when t~e polfs shall be closed SECTION 6 Pursuant to Elect~ans Code Section 12310, a stipend for sernces for the persons named as precinct board members ~s fixed at the sum af $50 00 for t~e first day of t~e e~ecfion and $75 00 for the second day of the election for each Inspector and $40 00 for the first day of the election and $60 00 for the second day of the election ~or each Clerk for the election An incentive payment is f~xed at the sum of $20 00 fior Inspectors and Clerks who attend a train~ng class The rental for each polling place, where 2 a charge is made, shall be tF~e sum of $25 00 per day for the elect~o~, except if the polling place is a school, in which case the school wilf recei~e a$12 00 per day custod~al fee SECTION 7 In all particuiars not cited in this Resolution, the election shall be held and conducted a5 pro~ided by law for holding m~,nic~paf elections SECTION 8 No#ice of the time and place of holdmg the elECtion shall be given and the City Clerk is authorized, in~tructed and d~rected to give further or addit~onal n~tice vf the election, in time, form and manner as required by law SECTION 9 The City Clerk shall certify to the adoption of this Resofut~on, and ti~enceforth and thereafter the same shall be in full force and effect APPROVED AS TO FORM ~`l.f; .( ~ .it~.t1"-~'~;r. 1 ! ~i .i~ ,i II.f: ~MARSHA J~3NES MOU~'R!E City Attorney 3