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SR 01-23-2024 10A City Council Report City Council Meeting: January 23, 2024 Agenda Item: 10.A 1 of 3 To: Mayor and City Council From: Nikima Newsome, Interim City Clerk, Records and Election Services Department Subject: Introduction and First Reading of an Ordinance Updating Santa Monica Municipal Code (SMMC) Article 11 Elections Code Recommended Action Staff recommends that the City Council: 1. Introduce for first reading the attached ordinance updating various sections of the Election Code, and 2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. Summary The proposed ordinance updates the City’s Elections Code to include: the new Candidate Statement and Initiative Fees that were adopted with the FY 2023-2025 Budget; clerical changes in reference to the Candidate Guide prepared for candidates; and deleting obsolete code references to mirror the State Election Code. As the Interim City Clerk prepares for the November 5, 2024, Municipal Election, these updates would confirm the charge for new fees and remove any inconsistencies between the State and City Elections Codes. Discussion Prior to each municipal election, City Clerk staff reviews the City’s Elections Code for necessary updates based on updates to State Codes and City policies, and recommendations from City staff. Staff recommends these updates for the following reasons: 10.A Packet Pg. 328 2 of 3 1. SMMC 11.04.120 (d), Candidate’s Statement of Qualifications At the June 27, 2023, Budget adoption, Council adopted Resolution 11535 (CCS) revising the City’s Master Fee Schedule to include the new Candidate Statement fees of $1,100 for qualified City Council and Rent Control Board candidates, and $1,200 for qualified College and School Board candidates. In the event of overpayment and pending the County’s final actual costs, the City shall refund the excess amount to candidates within 30 days of the election. In the event of underpayment, the City and corresponding legislative bodies shall pay the balance. 2. SMMC 11.04.150, Distribution of Information for Candidates and Committees Clerical change as the “list” outlining candidacy requirements has expanded to a “Candidate Information Guide”. 3. SMMC 11.04.171, Fees for Petitions At the June 27, 2023 Budget adoption, Council adopted Resolution 11535 (CCS) revising the City’s Master Fee Schedule to include the new Initiative Fee of $200 due at the time of filing a Notice of Intent to Circulate an Initiative Petition. If the sufficiency of the petition is certified within a year of filing the Notice of Intent, then the fee will be reimbursed to the filer. 4. SMMC 11.04.185 Mail In Ballots for Special Elections Deleting references to sections 3007, 3008 and 3022 to align with its deletion in the State Elections Code. 5. SMMC 11.04.190, Public Examination of Ballot Information Deleting reference to Elections Code 9219 to align with its deletion in the State Elections Code. Environmental Review This proposed amendment to the Municipal Elections Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The amendment represents procedural changes to the City’s election procedures and reflects updated to the State 10.A Packet Pg. 329 3 of 3 Elections Code and would not result in physical effects, and therefore, is exempt from CEQA. Past Council Actions Meeting Date Description 06/27/23 (Attachment B) Adoption of FY 2023-2025 Budget and City’s Master Fee Schedule 04/24/01 (Attachment C) Ordinance clarifying the City Clerk's responsibilities and election procedures. 12/10/02 (Attachment D) Ordinance allowing mail in ballots in special elections. 11/10/15 (Attachment E) Ordinance updating various sections of SMMC Article XI relating to elections. 06/23/20 (Attachment F) Ordinance placing a candidate’s statement of qualification in the County of Los Angeles’ Official Sample Ballot and transfer costs for a candidate’s statement to the candidate. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. Prepared By: Maria Dacanay, Administrative Analyst Approved Forwarded to Council Attachments: A. Proposed Ordinance B. June 27, 2023 Staff Report (Web Link) C. April 24, 2001 Staff Report (Web Link) D. December 10, 2002 Staff Report (Web Link) E. November 10, 2015 Staff Report (Web Link) F. June 23, 2020 Staff Report (Web Link) 10.A Packet Pg. 330 1 City Council Meeting January 23, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 11.04.120, 11.04.150, 11.04.171, 11.04.185, AND 11.04.190 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO ELECTIONS WHEREAS, elections in the State of California are conducted in accordance with the California Elections Code; and WHEREAS, Santa Monica is a Charter City with authority to establish procedures for municipal elections such as the distribution of information for candidates and committees; and WHEREAS, California Elections Code section 13307 allows candidates to submit statement of qualifications in the County’s Official Sample Ballot; requires the City Clerk to distribute and provide Spanish translations of candidate statements to voters; and authorizes local agencies to charge candidates for all or part of printing, handling, translation, mailing, and electronically distributing candidate statements; and WHEREAS, the City previously paid for the cost of candidate statements and now desires to require that candidates bear the cost of candidate statements; and WHEREAS, California Elections Code section 9202 authorizes local agencies to establish a fee, not exceeding two hundred dollars, to any person filing a Notice of Intent with the Elections Official, and to refund the fee if the petition is certified sufficient within one year of filing the Notice; and 10.A.a Packet Pg. 331 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update) 2 WHEREAS, some California Elections Code sections have been repealed, and it is therefore necessary to remove reference to those sections from the City’s code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 11.04.120(d) is hereby amended to read as follows: 11.04.120 Candidate’s statement of qualifications (d) If a candidate files a statement, then Tthe estimated costs of printing, handling and, translating, mailing and electronic distribution of any statement submitted pursuant to this section shall be paid by the candidate at the time of filing nomination papers for elections occurring prior to November 2022; for elections occurring in or after November 2022 2024, the costs described in this subsection (d) shall be paid by the City. In the event of overpayment and pending the final actual cost, the City shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. In the event of underpayment, the City shall pay the balance of the cost incurred. Santa Monica Municipal Code Section 11.04.150 is hereby amended to read as follows: 11.04.150 Distribution of information for candidates and committees In order to insure that each candidate and proponent or opponent of a measure has full opportunity to understand and fulfill the requirements of the Political Reform Act and Municipal Code, the City Clerk shall make available to each candidate, to each proponent or opponent of a measure and to each committee 10.A.a Packet Pg. 332 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update) 3 supporting or opposing a measure the latest revision of the State of California Information Manual on Campaign Disclosure Provisions of the Political Reform Act and a schedule outlining required filing dates for campaign statements. In addition, candidates are to receive a list Candidate Information Guide outlining basic municipal candidacy requirements. Santa Monica Municipal Code Section 11.04.171 is hereby amended to read as follows: 11.04.171 Fees for petitions There shall be no a $200 fee for filing a Notice of Intent for a petition for recall, initiative, referendum or amendment of the City Charter, which will be refunded if the measure qualifies for the ballot within one year of the date of filing the Notice of Intent. Santa Monica Municipal Code Section 11.04.185(b) is hereby amended to read as follows: 11.04.185 Mail in ballots for special elections (b) Elections Code Sections 3001 through 3005 3008, 3013, 3015 through 3018, and 3020 through 3021 3022 shall not be applicable to City elections conducted pursuant to this Section. Chapter 1 of Division 4 of the Elections Code (commencing with Section 4000) and Elections Code Sections 4104 through 4108 shall not be applicable to the City elections conducted pursuant to this Section. Santa Monica Municipal Code Section 11.04.1 90 is hereby amended to read as follows: 10.A.a Packet Pg. 333 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update) 4 11.04.190 Public examination of ballot information In lieu of making available the official election materials referred to in Elections Code Section 9295 and the official voters pamphlet referred to in Elections Code Section 13313, the City Clerk shall make available for public inspection a copy of the material referred to in Elections Code Sections 9219, 9223, 9280, 9281, 9282, 13307 and Section 11.04.125 of this Code. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and 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 invalid or unconstitutional. SECTION 4. The 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 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 10.A.a Packet Pg. 334 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update) 5 _________________________ Douglas Sloan, City Attorney 10.A.a Packet Pg. 335 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update)