A G E N D A
ADJOURNED REGULAR
MEETING OF THE CITY COUNCIL
Monday, December 19, 2022 ~ 5:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
JOE KALMICK
MAYOR
First District
MIKE VARIPAPA
MAYOR PRO TEM
Third District
THOMAS MOORE
COUNCIL MEMBER
Second District
SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District
SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
ORAL COMMUNICATIONS
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CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Second Reading and Adoption of Ordinance 1702 - That the City Council adopt Ordinance 1702 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City’s MailedBallot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections.”
ITEMS REMOVED FROM THE CONSENT CALENDAR
ADJOURNMENT
Adjourn the City Council to Monday, January 9, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.
Agenda Item A
AGENDA STAFF REPORT
DATE: December 19, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1702
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Ordinance 1702 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City’s Mailed-Ballot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections.”
BACKGROUND AND ANALYSIS:
At its meeting on December 12, 2022, the City Council approved the introduction of Ordinance 1702 of the City of Seal Beach amending the Seal Beach Municipal Code to properly align the City’s Mailed-Ballot Election Regulations with State Law and provide for pre-election campaign reporting for municipal run-off elections.
This item is to approve the second reading and adoption of Ordinance 1702 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414 and Water Code Section 376, the Ordinance will be published within fifteen days after adoption.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney prepared the ordinance and assisted with the preparation of the staff report.
FINANCIAL IMPACT:
Costs for administration of this ordinance will be negligible.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Ordinance 1702 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City’s Mailed-Ballot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections.”
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Ordinance 1702
ORDINANCE 1702
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO BETTER ALIGN THE CITY’S MAILEDBALLOT ELECTION REGULATIONS WITH STATE LAW AND PROVIDE FOR PRE-ELECTION CAMPAIGN REPORTING FOR MUNICIPAL RUNOFF ELECTIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.05.020(A) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“A. Pursuant to Section 507 of the Seal Beach Official Charter, the city council hereby authorizes, provides for and mandates the conduct of all-mailed ballot elections for general municipal elections, municipal run-off elections, and special elections, including any election to authorize the issuance of general obligation bonds. Such mailed ballot elections shall be conducted in accordance with the applicable provisions of Chapter 1 of Division 3 (commencing with Section 3000) and Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code, except as otherwise provided in this Section 2.05.020.
Section 2. Section 2.05.020(B) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“ B. Election Code Sections 3001 through 3008, 3013, 3015, 3016, through 3017, and 3020 through 3022 shall not be applicable to all-mailed ballot municipal run-off city elections conducted pursuant to this Section 2.05.020. Chapter 1 of Division 4 of the Elections Code (commencing with Section 4000) and Election Code Sections 4104 through 4108 shall not be applicable to the city elections conducted pursuant to this Section 2.05.020.”
Section 3. Section 2.05.020(D) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“D. Elections Code Section 3017 shall control the return of voted ballots in city elections conducted under this section. Any voter may personally timely return his or her ballot to the city clerk’s office, to any designated ballot drop-off site, or the voter may designate and authorize another person , in the voter’s own handwriting at the appropriate place on the outside of the ballot envelope, any adult person other than any candidate for any office in such election, to deliver the voter’s ballot to the city clerk’s office or to any designated drop-off site. The city clerk shall provide the appropriate form on the ballot envelope for the voter’s handwritten and signed designation and authorization. The person who delivers any other voter’s ballot to the city clerk’s office or to any designated drop-off site shall, at the time of such delivery, present sufficient photographic identification to prove that he or she is the person who has been expressly designated and authorized by the voter, and shall personally sign, in the presence of the city clerk or the city clerk’s representatives, a declaration under penalty of perjury relating to such designation, authorization, and delivery on a form furnished by the city clerk’s office”
Section 4. Section 2.05.020(K) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“K. Ballots will be timely cast if postmarked by January 31, 2023 and received from the U.S. Postal Service by February 3, 2023 pursuant to Elections Code section 4103.
Any ballot received by the city clerk by mail at the city clerk’s office or to any designated drop-off site after 8:00 p.m. on election day shall not be accepted or counted; however, iIf at 8:00 p.m. on election day there are any voters inside city hall or any other designated ballot drop-off site who have not been able to deposit their official ballot envelope with the election officials there, the election officials shall continue to accept envelopes from such voters until all have had the opportunity to deliver their timely cast ballots.”
Section 5. Section 2.05.020(N) of the Seal Beach Municipal Code is hereby repealed.
Section 6. Section 2.10.020 is hereby added to the Seal Beach Municipal Code to read as follows:
“2.10.020 Additional Pre-Election Report for Municipal Run-Off Elections.
For municipal run-off elections, the City Clerk shall designate reporting periods and filing deadlines for first and second pre-election statements, in addition to any other filing requirements imposed by applicable law.”
Section 7. Effective Date. Pursuant to Section 416(b) of the City Charter, this ordinance relates to an election and shall take effect immediately upon its adoption by of the City Council.
Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published as required by law.
The City Clerk is further directed to widely publicize the adoption of this Ordinance and make candidates aware of its requirements.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 19th day of December, 2022, by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
_____________________
Joe Kalmick, Mayor
ATTEST:
____________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM
____________________________
Craig A. Steele, City Attorney