SR 01-23-2024 10A
City Council
Report
City Council Meeting: January 23, 2024
Agenda Item: 10.A
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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:
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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
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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)
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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)
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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)
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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)
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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)
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_________________________
Douglas Sloan, City Attorney
10.A.a
Packet Pg. 335 Attachment: Proposed Ordinance [Revision 9] (6063 : Election Code Update)