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 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)