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SR 12-06-2022 4B City Council Report City Council Meeting: December 6, 2022 Agenda Item: 4.B 1 of 6 To: Mayor and City Council From: Denise Anderson Warren, City Clerk, Records and Election Services Department Subject: Adoption of Resolution Accepting the Official Canvass and Official Statement of Votes Cast for the Consolidated General Municipal Election Held on November 8, 2022, and Declaring the Results Thereof Recommended Action Staff recommends that the City Council adopt the resolution accepting the Official Canvass for the General Municipal Election held on November 8, 2022. Executive Summary On November 8, 2022, a consolidated municipal election was held in the City of Santa Monica with the purpose of electing four members to the Santa Monica-Malibu Unified School District Board for four-year terms, four members to the Santa Monica Community College District Board of Trustees for four-year terms, three Commissioners to the Santa Monica Rent Control Board for four-year terms, and three members to the Santa Monica City Council for four-year terms. The following measure was placed on the ballot by citizen initiative: MEASURE GS Shall the measure adding Santa Monica Municipal Code Chapter 4.90 to establish designated funds for schools, homelessness prevention, and affordable housing, and an eleven-member resident oversight committee, and amending Chapter 6.96 to provide a third tier transfer tax rate of $56.000 per $1,000 of value for property 4.B Packet Pg. 6 2 of 6 transfers of $8,000,000 or more, providing an estimated $50,000,000 annually for homelessness prevention, affordable housing, and schools, until repealed, be adopted? The City also placed the following measures on the ballot: MEASURE CS To address homelessness, improve 911 emergency response times and neighborhood police protection, make public areas safer and cleaner, including streets, sidewalks, parks, and the beach, and provide other vital City services, shall the City of Santa Monica increase the transient occupancy tax - which is paid entirely by overnight visitors - by 1% for hotels and motels, and by 3% for home- shares, providing approximately $4.1 million annually, until ended by voters, with all funds benefitting Santa Monica? MEASURE DT Shall the measure to enhance the City of Santa Monica’s general governmental services by increasing the one-time tax on real property sales over $8 million, and establishing an additional incremental tax of $25.00 per $1000 of the value in excess of $8 million, excepting transfers: per State law, involving tax -exempt charitable organizations, and certain ground leases; providing an estimated $12 - 25 million annually through February 28, 2033, subject to a five-year extension by Council supermajority vote, be adopted? MEASURE DTS (Advisory) ADVISORY VOTE ONLY: If the “Comprehensive Real Property Transfer Tax Measure” is enacted, should at least 30% of its additional revenue be used for housing assistance to protect seniors and low-income families from housing displacement, with the remainder of the additional revenue to be used for homelessness services; behavioral health services; public safety and emergency response teams for City streets and parks; reopening public libraries; after-school 4.B Packet Pg. 7 3 of 6 programs; and crossing guards near public schools?” MEASURE PB Shall the City Charter be amended to: (a) expand eligibility requirements for service on the City’s Personnel Board to include, in addition to City of Santa Monica (“City”) residents, residents of Los Angeles County that are employed full- time within the City, or own real property in the City, or have been issued a business license by the City; and (b) reduce the term of service for Personnel Board members from five to four years? MEASURE HMP Shall the measure to establish a business tax on every licensed cannabis business (including adult-use nonmedicinal cannabis retailers, distribution, manufacturing, cultivation, laboratory testing, or any other licensed cannabis business) and retailers of products containing psychoactive cannabinoids, including cannabinoids derived from industrial hemp, up to 10% of gross receipts on cannabis and/or hemp-derived psychoactive products sold in the City, which all together could generate an estimated $3-5 million annually until repealed, be adopted? MEASURE EM Shall the City Charter be amended to allow the Rent Control Board to disallow or modify annual general rent adjustments for rent controlled units during a declared state of emergency by the President of the United States, the Governor, the Los Angeles County Department of Public Health Officer, or the City Council or Director of Emergency Services while maintaining the landlord’s ability to petition for a rent adjustment per Section 1805 of the City Charter? MEASURE RC Shall the City Charter be amended to require intended owner occupancy of rent- controlled units for two years before tenant eviction; require owner occupancy within 60 days of vacancy; reduce the maximum Annual General Adjustment from 6% to 0.8% from 2/1/23 through 8/31/23, or average not to exceed 3%, with a 3% 4.B Packet Pg. 8 4 of 6 maximum Annual General Adjustment thereafter; and require elections only if the number of qualified candidates exceeds the number of open Board positions? Discussion The Registrar Recorder/County Clerk of the County of Los Angeles submitted to the City Clerk a Certified Canvass of the Votes Cast for all candidates and ballot measures. The results, as reported by the County Clerk, are as follows: Candidates elected to the Santa Monica City Council for 4-year terms: CANDIDATE VOTES PERCENT Caroline M. Torosis 17,741 19.08% Jesse Zwick 16,148 17.37% Lana Negrete 11,654 12.53% Candidates elected to the Santa Monica-Malibu Unified School District Board: CANDIDATE VOTES PERCENT Laurie Lieberman 20,371 17.64% Richard Tahvildaran-Jesswein 18,921 16.38% Stacy Rouse 18,754 16.24% Alicia Mignano 18,450 15.97% Candidates elected to the Santa Monica Community College District Board of Trustees: CANDIDATE VOTES PERCENT Sion Roy 23,270 23.48% Nancy Greenstein 23,141 23.35% Tom Peters 22,250 22.46% Barry Snell 21,742 21.94% Candidates elected to the Santa Monica Rent Control Board: CANDIDATE VOTES PERCENT Ericka Lesley 20,615 36.26% 4.B Packet Pg. 9 5 of 6 Daniel S. Ivanov 18,903 33.25% Kurt Gonska 17,334 30.49% Measure GS was approved by the voters by the following votes: YES VOTES 19,467 53.49% NO VOTES 16,926 46.51% Measure CS was approved by the voters by the following votes: YES VOTES 27,282 73.87% NO VOTES 9,651 26.13% Measure DT was not approved by the voters by the following votes: NO VOTES 23,413 65.42% YES VOTES 12,376 34.58% Measure DTS (ADVISORY VOTE) was approved by the voters by the following votes: YES VOTES 19,670 58.14% NO VOTES 14,161 41.86% Measure PB was approved by the voters by the following votes: YES VOTES 20,350 60.01% NO VOTES 13,560 39.99% Measure HMP was approved by the voters by the following votes: YES VOTES 23,646 66.23% NO VOTES 12,056 33.77% Measure EM was approved by the voters by the following votes: YES VOTES 20,543 59.35% NO VOTES 14,070 40.65% 4.B Packet Pg. 10 6 of 6 Measure RC was approved by the voters by the following votes: YES VOTES 20,149 58.72% NO VOTES 14,166 41.28% Financial Impacts & Budget Actions Funds for the cost of the election are included in account number 01110002.552010 of the FY 2022-2023 Adopted Budget. Costs will be pro-rated among the City of Santa Monica, the Rent Control Board, the Santa Monica-Malibu Unified School District, and the Santa Monica Community College Board of Trustees. Two of the measures are anticipated to generate revenues beginning in the last quarter of FY 2022-23; new revenue from Measure CS will be deposited into the General Fund and new revenue from Measure GS will be deposited into designated accounts. Prepared By: Denise Anderson Warren, City Clerk Approved Forwarded to Council Attachments: A. Resolution and Canvass B. Resolution and Canvass Certificate 12062022 4.B Packet Pg. 11 1 City Council Meeting: December 6, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE LOS ANGELES COUNTY REGISTRAR RECORDER/COUNTY CLERK’S OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AND DECLARING THE RESULTS THEREOF WHEREAS, a Consolidated General Municipal Election was held in the City of Santa Monica on November 8, 2022, as required by law; and WHEREAS, the provisions of the Elections Code of the State of California for the holding of elections in Charter cities were complied with in that notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and that in all respects the election was held and conducted; votes were cast, received and canvassed; and the returns were made and declared in the time, form and manner as required; and WHEREAS, the Los Angeles Registrar Recorder/County Clerk canvassed the returns of the election and certified the results to the City Council, and those results are attached and made a part hereof as “Exhibit A”. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 4.B.a Packet Pg. 12 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 2 SECTION 1. The vote totals for the Consolidated Municipal Election held on November 8, 2022, in the City of Santa Monica, as certified by the Los Angeles County Registrar Recorder/County Clerk, shall be and hereby are approved and adopted as the formal vote count of the City of Santa Monica for said offices and said measures of said election. SECTION 2. The names of the candidates on the ballot were: Santa Monica City Council – 4-year term (Vote for three) Whitney Bain Ellis Raskin Lana Negrete Caroline M. Torosis Jonathan Mann Samantha Mota Armen Melkonians Natalya Zernitskaya Jesse Zwick Troy Harris Arthur Jeon Albin Gielicz Santa Monica-Malibu Unified School District (Vote for four) Angela DiGaetano Stacy Rouse Keith Coleman Richard Tahvidaran-Jesswein Alicia Mignano Ester Hickman Miles Warner Laurie Liberman Santa Monica Community College District (Vote for four) Patrick Acosta Sion Roy Thomas Peters Barry Snell Nancy Greenstein Santa Monica Rent Control Board (Vote for three) Daniel S. Ivanov Ericka Lesley Kurt Gonska 4.B.a Packet Pg. 13 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 3 SECTION 3. The number of total ballots cast for this election was: City of Santa Monica: REGISTERED TOTAL VOTERS BALLOTS PERCENT 67,392 39,542 58.67% Santa Monica-Malibu School District: REGISTERED TOTAL VOTERS BALLOTS PERCENT 78,425 46,462 59.24% Santa Monica Community College District: REGISTERED TOTAL VOTERS BALLOTS PERCENT 78,358 46,410 59.23% SECTION 4. The following persons were elected to office as follows: Candidates elected to the Santa Monica City Council (4-year term): CANDIDATE VOTES PERCENT Caroline M. Torosis 17,741 19.08% Jesse Zwick 16,148 17.37% Lana Negrete 11,654 12.53% Candidates elected to the Santa Monica-Malibu Unified School District Board: CANDIDATE VOTES PERCENT Laurie Lieberman 20,371 17.64% Richard Tahvildaran-Jesswein 18,921 16.38% Stacy Rouse 18,754 16.24% Alicia Mignano 18,450 15.97% 4.B.a Packet Pg. 14 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4 Candidates elected to the Santa Monica Community College District Board of Trustees: CANDIDATE VOTES PERCENT Sion Roy 22,270 23.48% Nancy Greenstein 23,141 23.35% Tom Peters 22,250 22.46% Barry Snell 21,742 21.94% Candidates elected to the Santa Monica Rent Control Board: CANDIDATE VOTES PERCENT Ericka Lesley 20,615 36.26% Daniel S. Ivanov 18,903 33.25% Kurt Gonska 17,334 30.49% SECTION 5. Eight measures appeared on the ballot. The first measure read as follows: MEASURE GS Shall the measure adding Santa Monica Municipal Code Chapter 4.90 to establish designated funds for schools, homelessness prevention, and affordable housing, and an eleven-member resident oversight committee, and amending Chapter 6.96 to provide a third tier transfer tax rate of $56.000 per $1,000 of value for property transfers of $8,000,000 or more, providing an estimated $50,000,000 annually for homelessness prevention, affordable housing, and schools, until repealed, be adopted? The measure received votes as follows: Measure GS was approved by the voters by the following votes: YES VOTES 19,467 53.49% NO VOTES 16,926 46.51% The second measure read as follows: MEASURE CS To address homelessness, improve 911 emergency response times and neighborhood police protection, make public areas safer and cleaner, including streets, sidewalks, parks, and the beach, and provide other vital City services, shall the City of Santa Monica increase the transient occupancy tax – which is paid entirely by overnight visitors – by 1% for hotels and motels, and by 3% for home- 4.B.a Packet Pg. 15 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 5 shares, providing approximately $4.1 million annually, until ended by voters, with all funds benefitting Santa Monica? The measure received votes as follows: Measure CS was approved by the voters by the following votes: YES VOTES 27,282 73.87% NO VOTES 9,651 26.13% The third measure read as follows: MEASURE DT Shall the measure to enhance the City of Santa Monica’s general governmental services by increasing the one-time tax on real property sales over $8 million, and establishing an additional incremental tax of $25.00 per $1000 of the value in excess of $8 million, excepting transfers: per State law, involving tax-exempt charitable organizations, and certain ground leases; providing an estimated $12- 25 million annually through February 28, 2033, subject to a five-year extension by Council supermajority vote, be adopted? The measure received votes as follows: Measure DT was not approved by the voters by the following votes: NO VOTES 23,413 65.42% YES VOTES 12,376 34.58% The fourth measure read as follows: MEASURE DTS (Advisory) ADVISORY VOTE ONLY: If the “Comprehensive Real Property Transfer Tax Measure” is enacted, should at least 30% of its additional revenue be used for housing assistance to protect seniors and low-income families from housing displacement, with the remainder of the additional revenue to be used for homelessness services; behavioral health services; public safety and emergency response teams for City streets and parks; reopening public libraries; after-school programs; and crossing guards near public schools?” 4.B.a Packet Pg. 16 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 6 The measure received votes as follows: Measure DTS (ADVISORY VOTE) was approved by the voters by the following votes: YES VOTES 19,670 58.14% NO VOTES 14,161 41.86% The fifth measure read as follows: MEASURE PB Shall the City Charter be amended to: (a) expand eligibility requirements for service on the City’s Personnel Board to include, in addition to City of Santa Monica (“City”) residents, residents of Los Angeles County that are employed full- time within the City, or own real property in the City, or have been issued a business license by the City; and (b) reduce the term of service for Personnel Board members from five to four years? The measure received votes as follows: Measure PB was approved by the voters by the following votes: YES VOTES 20,350 60.01% NO VOTES 13,560 39.99% The sixth measure read as follows: MEASURE HMP Shall the measure to establish a business tax on every licensed cannabis business (including adult-use nonmedicinal cannabis retailers, distribution, manufacturing, cultivation, laboratory testing, or any other licensed cannabis business) and retailers of products containing psychoactive cannabinoids, including cannabinoids derived from industrial hemp, up to 10% of gross receipts on cannabis and/or hemp-derived psychoactive products sold in the City, which all together could generate an estimated $3-5 million annually until repealed, be adopted? The measure received votes as follows: Measure HMP was approved by the voters by the following votes: YES VOTES 23,646 66.23% NO VOTES 12,056 33.77% 4.B.a Packet Pg. 17 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 7 The seventh measure read as follows: MEASURE EM Shall the City Charter be amended to allow the Rent Control Board to disallow or modify annual general rent adjustments for rent controlled units during a declared state of emergency by the President of the United States, the Governor, the Los Angeles County Department of Public Health Officer, or the City Council or Director of Emergency Services while maintaining the landlord’s ability to petition for a rent adjustment per Section 1805 of the City Charter? The measure received votes as follows: Measure EM was approved by the voters by the following votes: YES VOTES 20,543 59.35% NO VOTES 14,070 40.65% The eighth measure read as follows: MEASURE RC Shall the City Charter be amended to require intended owner occupancy of rent- controlled units for two years before tenant eviction; require owner occupancy within 60 days of vacancy; reduce the maximum Annual General Adjustment from 6% to 0.8% from 2/1/23 through 8/31/23, or average not to exceed 3%, with a 3% maximum Annual General Adjustment thereafter; and require elections only if the number of qualified candidates exceeds the number of open Board positions? The measure received votes as follows: Measure RC was approved by the voters by the following votes: YES VOTES 20,149 58.72% NO VOTES 14,166 41.28% SECTION 6. The City Clerk shall enter on the records of the Santa Monica City Council, a statement of the result of the election showing: (1) the total number of votes cast for the offices and the measures in the election; (2) the names of the persons voted for; (3) the text of the measures voted upon; (4) the office that each person was running for; (5) the number of votes given at each precinct to each person, and for and against 4.B.a Packet Pg. 18 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 8 each ballot measure; and, (6) the total number of votes given to each person, and for and against the ballot measures. SECTION 7. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated. The City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have each person subscribe to it and file it in the office of the City Clerk. All of the persons so elected shall then be inducted into the office to which they have been elected. 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: _________________________ DOUGLAS SLOAN City Attorney Exhibit “A” Certification of the Canvass 4.B.a Packet Pg. 19 Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) Exhibit A4.B.aPacket Pg. 20Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 21Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 22Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 23Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 24Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 25Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 26Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 27Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results) 4.B.aPacket Pg. 28Attachment: Resolution and Canvass Certificate 12062022 (5499 : Accept Election canvass results)