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SR-4A (2)CC flctyclerklelec~ions1031699 ~ DEC " a ~ City Council Meetmg No~ember 24. 1998 TO Mayor and City Cour~cil FROM City Staff SUBJECT Adoption of Resolutions Callirtg for a Special Municipal Election ta Fill an Unscheduled Vacancy on the City Council Introduction Councilmember GrEenberg tendered her resignation from #he City Council effecta~e September 25. 1998, due to her mo~e outside of the C~ty boundanes At its regular meeting of Oc~ober 13, 1998. the City Council accepted Councilmember Greenberg's resignation and deciared her seat ~acant Section 603 of the City Char#er states, in part. that any vacancy on the City Council shall be fill~d by appointment withm th~rty days after the office is declared ~acant, and shall Councii fail to fill the vacancy. Gouncil shall forthw~th cause an election to be held to fili such wacancy Counc~l has heid discussions during the Qctober 13, and October 27. 1998, meetings regarding the procedure for filling t~e vacancy. ar~d candidates ha~e been inv~ted to submit letters of mterest and applicatrons This staff report recommends that Council deiiberate and take action to fill the ~acant seat or adapt the attached ordrnar~ce and resolut~ons necessary to cail a spec~al election to fill the vacancy Election Schedulinq Procedures Sect~on 1403 of the City Charter provides for alk elect~ons to be held in accordance with the provisions of the Elect~ons Code of the State of Cahfornia. ~rnless otherw~se prov~ded by ord~nance The Elect~ons Cacle establ~shes March 2, 1999, as the next appropriate date for an election Staff recommends that if a special election is cafled. it i ~~~~ be scheduled for March 1~. 1999, #or two reasons The frrst is that on March 2, 1999, a large r~umber of cities will be holding stand-alone elections and will be using the services of the anly election supplier located in So~thern Caljfornia Second, this will be the f~rst s#and-alone electron the City Clerk's Office will administer m 15 years, and will require a substantial amount of work in a short penod o# time The add~tior~al two weeks of time will provide some relief to staff Attac~ed are t~e fiollow~ng Exh~b~t A ~s an emergency ordmance for adoption sett~ng the da#e afi the special election, pursuar~t to Section 1403 of the City Charter, Exhibit B ~s a resolutEOn calimg a special election to fill an unscheduled vacancy on the CEty Councd ta be held on March 16, 1999, Exhibit C is a resolution request~ng the Board of Supervisors af the County of Los Angeles to render specified services to the City relating to the special electron, Exhib~t D is a resolution authorizmg ser~ices, supplies and equ~pment from Martin & Chapman Campany for the speciai election, and, Exhibit E~s a resolut~on arder~r~g the canvass of the specrai election be made by the City Clerk Budqet/F i nane~a I I m pact There are no approved funds in the City Clerk's Office elections budget for Fiscal Year 'f 998-1999 Martir~ & Chapman has g~ven an estimate of $1 per voter for services, supplaes ar~d equi~ment There are 55,237 registered voters m the City as of October 5, 1998 Staff is requesting funds for serv~ces and supplies fram Martin & Chapman in the amount of $6~,~00. ~ncluding appraxtmately $4.763 for contmgencies Staff ~s also req~estmg $2~,~00 ~n fund~ng for services from Los Angeles County Although it is not ant~cipated that fhe cast will be that hagh. it is difficuit to est~mate a more prec~se amount since this is the first stand-alone electio~ ~n a long t~me The County c~arges $1 3S per ~er~fication of vater's signatures Dunng the November 1996 eiection there were ~,589 absentee ballots recei~ed for City candidates and measures if a similar number were received for this election. the verification of these signatures would account for $7,600, m add~tion to the cost for the other ser~ices requested from the County Staff is requestmg $15,DOd for postage and $9.SD0 for labor costs to mail out ~oter pamphlets Tt~is estimate is based on the cost for mailmg pamphlets €or the 1996 election The pamphiet for the special eiect~on wouid contain fewer pages tf~an fhe 1996 pamphlet and cost less However, there w~ll be the added cost of ma~ling out absentee bailots dkrectly frvm ovr office. and nat from the County Finally, staff Es requesting $22.500 for var~ous other casts ~nclud~ng, but not limited ta stipends for pr~cinct workers and fees for using precinct s~tes. wages for temporary and efeet~or~ day workers, o~ertime funds for City Clerk's staff, legal pub~ishmg costs, and. miscellaneous supplies a~d expenses If a specral election ~s c~lfed, there will be a need to augment CityN's budget to accommodate elect~on programmmg Staff recommends that $'~O,Q00 be appropriated for Fiscal Year 1998-99 In summary we are reque~ting a total appropnation of $137,800 to be allocated as follows $15,000 to 0'f -120-292-00000-2232-00000 (metered postage}, $800 00 to 01-120-212-00000-2252-~0000 (lega! advert~s~ng), $'~02,000 to 01-120-212-Od000-5506-a0000 (Professional Serv~ces), $2.000 to 01-120-212-00000-223~ -OOa00 (off~ce supplies), $2,OD0 to 01-120-212-OODOQ-1150-000~0 (temporary employees), $6,000 ta 01-120-212-00000-1149-00006 (avertime). and. $10,OOQ to 51-110-2Q7-OOOOQ-4439-00000 ~other costs} Recommendation It is respectful~y recommended. s#~ould Counc€! not fill the vacancy by appointment and find it necessary to call a spec~al election. that Counc~l adppt the emergency ordinance and f-ve resolutrons, and ap~rove the appropnat~or~ as outl~ned m the budget sect~on of the repor~ Prepared by Mana M Stewart, City Clerk Attachments Exhibit A- Emergency ~rdinance Exhibit B- Resolution Galling Spec~al Election Exh~bit C- Resolut~on Request~ng Services from the County Exh~b~t D- Resolut~on Autharizing Prov~sion of EEect~on Serv~ces ExE~~bit E- Resolutior~ Ordermg Clerk to Can~ass Results 4 f lattylmunillawslm~mispecelec ord City Caur~cil Meeting 11-24-98 Santa Monica, California ORDiNANCE NUMBER (City Council Series) AN ~~V~C^GC~~~~RDINANCE OF THE CITY CDUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 1'f 04 180 TO THE SANTA MONfCA MUNICIPAL CODE RELATING TO THE SETTING OF SPECIA~ ELECTIONS WHEREAS, Santa Monica Gity Charter Sectron 1403 ~uthonzes the City Council to adopt an ordinance if it des~res to set an election on a date other than that set forth in the Caf~fornia Elections Code, and WHEREAS, when a City Council vacancy accurs wF~ich cannot be fifled e~ther at the next general election due to the timing of the vacancy nor by appantment, a spec~a] elect~or~ must be set to fill that ~acancy, NOW, THEREFQRE, THE CITY COUNCIL DF THE CITIf OF SANTA MONICA DOES HEREBY ORDAIN AS FOLL~WS SECTION 1 Section 11 04 180 ~s hereby added to the Santa Monica Municipal Gode to read as fallows Section 11.04.180. Setting of Special Elections by Resolution. The City Counc~i is a~thorized to set the date of a special election by resoEution The City Council may set the date vf a sp~caal electian on an 1 established election date as prov~ded for by the Cal~fornia Elections Code or on any othe~ date as the C+ty Co~ar-c~l may select as permitted by law SECTION 2 Tt~is ~inance is declare~'~o be ar~ urgency measure adopted pursuant to the ~rov~sEOns of Sect~~~I'S of the Santa MQn~ca C~ty Charter Th~s Ordinance is necessary to preser~ the public health, safety, and weifare SECTIQN 3 Any ~arovisian of the Santa Monica Municipal Code or appendices thereto ~ncor~sistent with the provisions af this Ordinance, to the extenf of such inconsister~cies and na further, ~s hereby repealed or mod~fied to #hat extent necessary to effect the prov~sions of th~s Orcf~nance SECTION 4 If ar~y sect~on, sub~ectian, sentence, clause, or phrase of this Ordmance is for ar~y reasan held ta be invaE~d or unconstitutionaE by a decis~an of any co~rt of competent ~ur~sdict~on, such decis~on shall not affect the validEty ofi the rema~ning portions of this Ordrnance The C~ty Council hereby declares that it would have passed th~s Ordinance and each and eWery section, subsect~on, sentence, clause, or phrase not decfared mvalid or unconstitut~onal w~thout regard to whether any portcor~ of the ordinance would be subsequently declared invalid ar uncons#itutional SECTIQN 5 The Mayor shall sign and the City Clerk shall attest to the passage of this Qrdinance Th~ City Clerk shall cause the same to be published once in the off~c~al 2 newspaper w~thin 15 days after its adoption This Ordinance shall become effect~ve upon its adoptian APPROVED AS TO FORM ~ ~~~;~ ~~. MARSHA Jf~'NES MOUTRIE City Attorney