Loading...
SR-104-085 (3) F:\atty\muni\strpts\mjm\veritas.doc City Council Meeting January 8, 2002 Santa Monica, California To: Mayor and City Council From: City Staff Subject: Qualification of Petition for Proposed Charter Amendment Entitled Voters Election Reform Initiative for a True Accountability System (“VERITAS”), and Recommendation to Set an Election Date INTRODUCTION On April 4, 2001, a notice of intent to circulate a petition proposing an amendment to the Charter of the City of Santa Monica was submitted. The proponents advised of their intent to qualify the measure for a special election ballot. On November 26, 2001, a petition for the proposed charter amendment containing over 12,900 signatures was duly submitted to the City Clerks Office. A copy of the proposed charter amendment = and the ballot title and summary, as prepared by the City Attorney, are attached as Exhibit A. Upon submittal of the petition, the City Clerk requested the Los Angeles County Clerk/Registrar Recorder (County Clerk) to verify the signatures submitted therein. In order to qualify for placement on the ballot, the petition needed a minimum of 15% of the registered voter population at the time of publishing the notice of intent to circulate the petition. The registered voter population at the time of publishing on May 28, 2001, was 60,259, and based on that number, 9,039 valid signatures were needed for qualification. The County Clerk’s Office has verified that the petitions contain the minimum number of valid signatures required to place the proposed Charter Amendment on the ballot for a public vote (Exhibit B). 1 BACKGROUND The proposed measure would amend both the City Charter and Municipal Code. The California Elections Code governs the submission of both types of proposals to the voters. Section 9255(a) applies to city charter amendments. It provides that they “shall be submitted to the voters at either a special election called for that purpose, at any established municipal election date, or at any established election date pursuant to Section 1000, provided that there are at least 88 days before the election. . . .” Section 9214 governs the submission to the voters of initiative petitions for ordinances signed by 15% of city voters. It requires a city council to promptly adopt the measure, order a report on the measure, or immediately order a special election. Additionally, VERITAS itself includes an implementation schedule. For example, it proposes amendments to Charter Section 600 that would purport to require the first elections under the proposed new system to be held in 2002 and to include a municipal primary. Also, a new Charter Section 1400 would require the primary to be held at the same time as the state primary, which is in March. Questions have arisen as to whether the schedule specified in VERITAS affects the timing of its submission to the voters. 2 DISCUSSION VERITAS is primarily an amendment to the City’s Charter. Therefore, the Election Code provisions regulating the submission of charter amendments to the voters govern the timing of the vote on VERITAS. Thus, pursuant to Election Code Section 9255, the Council has three options. It may: ? Call a special election and set a date for an election, provided the date is at least 88 days before the election. ? Place the measure on the ballot at the next established municipal election date, November 5, 2002. ? Set one of the election dates established in Section 1000 of the Elections Code, including: (a) the second Tuesday of April in each even-numbered year; (b) the first Tuesday after the first Monday in March of each odd-numbered year; (c) the first Tuesday in March in each even-numbered year; (d) the first Tuesday after the first Monday in June of each odd-numbered year; and (e) the first Tuesday after the first Monday in November of each year. The question of whether the implementation duties within the text of VERITAS may require the Council to opt for a special election has been considered. Even if a special election were called and the measure was approved, the deadlines for calling a primary municipal election in March of 2002 and consolidating with the County of Los Angeles, as the proposed charter amendment provides, have already passed. Given this practical reality, as well as the options for submission conferred on the Council by 3 Elections Code Section 9255, it seems unlikely that a court would conclude that the Council must call a special election. FINANCIAL IMPACT The budget impact of this measure will depend on the date that Council’s sets for an election. If the date selected for the election provides for the option of consolidating with Los Angeles County, the cost is expected to be approximately $90,000. This estimate is based on the cost of the 1998 and 2000 consolidated elections. If the date set for the election requires a “stand-alone” election, it is expected that the cost will be similar to the cost of the April 24-25, 1999, “stand-alone” two-day election. The cost for the two-day election was approximately $130,000, not including outreach costs of about $25,000. If the date selected for the election is any other than November 5, 2002, staff will request approval of appropriation of funds if no savings, or insufficient savings, are realized from this year’s budget to cover the cost. If the date selected for the election is November 5, 2002, staff will request appropriate funding during the next budget process. Once Council has established the election date for this measure, staff can better calculate the estimated cost. 4 RECOMMENDATION It is respectfully requested that the City Council accept the petition, as verified by the Los Angeles County Clerk/Registrar Recorder and set a date for an election for the purpose of placing the proposed charter amendment on the ballot for a public vote. Staff will return at the appropriate time with the required resolutions calling for the election and setting forth the question to be placed to the voters. Prepared by: Maria Stewart, City Clerk Marsha Jones Moutrie, City Attorney Attachments: Exhibit A: Proposed Charter Amendment and Ballot and Title Summary Exhibit B: Verification of Qualification of Petition 5