City Council Meeting:  March 27, 2001                              Santa Monica, California

 

 

 

 

 

                                              ORDINANCE NUMBER ____ (CCS)

 

                                                                             

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ADDING SECTIONS 2.12.270 AND 11.04.005 AND DELETING

SECTION 2.32.040 OF THE SANTA MONICA MUNICIPAL CODE

TO CLARIFY THE CITY CLERK=S RESPONSIBILITIES AND

AMENDING CHAPTER 11.04 OF THE SANTA MONICA MUNICIPAL CODE

TO CLARIFY ELECTION PROCEDURES

 

 

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:

 

SECTION 1.  Section 2.12.270 is added to the Santa Monica Municipal Code to read as follows:

2.12.270 City Clerk Title and Responsibilities

1.  The City Clerk shall at times be referred to as the Director of Records and Election Services.  For Purposes of this Code, the titles are interchangeable and the Director of Records and Election Services shall have the same duties as the City Clerk.

2.  In addition to the duties set forth in Charter Section 7.07, the City Clerk shall have power and be required to:

(a) Direct, plan and manage the activities of the Records and Election Services Department.


(b) Maintain the City=s legislative history of action taken by the City Council, the Housing Authority, the Parking Authority, the Redevelopment Agency and the Public Finance Authority.

(c) Administer municipal elections in accordance with Section 11.04.055.

(d) Ensure compliance with the Political Reform Act in accordance with Section 11.04.055

(e) Prepare the City Council agendas and minutes

(f) Direct the operation of the City=s Mail Room and Print Shop

(g) Administer the City=s Record Management Program

(h) Attest to the execution by the City Manager of all conveyances, contracts and agreements executed by the City Manager pursuant to the provisions of Section 2.32.030.

(i)  Have charge of the City seal in accordance with Section 2.32.020(b).

 

SECTION 2.   Santa Monica Municipal Code Section 2.32.040 is hereby repealed  in its entirety.

2.32.040 Attesting by Clerk.

There hereby is assigned to the City Clerk the additional function of attesting to the execution by the City Manager of all conveyances, contracts and agreements executed by the City Manager pursuant to the provisions of Section 2.32.030 hereof.


SECTION 3.  Section 11.04.005 is added to the Santa Monica Municipal Code to read as follows:

11.04.005  City Clerk Duties

1.  The City Clerk is charged with the duty of conducting all municipal elections under this Chapter and under the California Elections Code.  If the City elects to consolidate a municipal election with the County of Los Angeles, the City Clerk shall be charged with coordinating the consolidated election with the County of Los Angeles.

2.  The City Clerk shall be the filing officer for the purposes of the California Political Reform Act.

 

SECTION 4.  Section 11.04.010 of the Santa Monica Municipal Code is amended to read as follows:

11.04.010      Nomination of candidates.


Not earlier than the 113th day nor later than 5:00 p.m. the close of business on the 88th day before a municipal election, the voters may nominate candidates for election by signing a nomination petition.  If nomination papers for an incumbent officer are not filed by 5:00 p.m. the close of business on the 88th day before the election, the voters shall have until  5:00 p.m. the close of business on the 83rd day before the election to nominate candidates other than the incumbent for the elective office.  Each candidate shall be proposed by not less than one hundred (100) voters, but only one candidate may be named in any one nomination petition.  Any person registered to vote at the election may circulate a nomination petition.  Where there are full terms and short terms to be filed, the term shall be specified in the nomination petition.  All nomination petitions must be filed with the City Clerk.

 

SECTION 5.  Section 11.04.121 is added to the Santa Monica Municipal Code to read as follows:

11.04.121  Ballot Designations

1.  In determining whether to accept a proposed ballot designation, the City Clerk shall utilize the Secretary of State Ballot Designation Regulations set forth in Chapter 7 of the California Administrative Code, as modified from time to time.  To the extent this Chapter conflicts with the Secretary of State Ballot Designation Regulations, the provisions of this Chapter shall prevail.


2.  To facilitate review of a candidate=s proposed ballot designation by the City Clerk, each candidate must submit, at the time of filing his or her proposed ballot designation on the Declaration of Candidacy, a completed Ballot Designation Worksheet on a form provided by the City Clerk.  In addition to the information provided in the Worksheet, the City Clerk may ask a candidate to provide additional information. The City Clerk must notify the candidate in the most expeditious manner of any rejection of a ballot designation within 3 working days of the candidate=s submission.  If the City Clerk rejects the ballot designation, the candidate shall have 3 additional working days to submit an alternate designation, together with a completed Ballot Designation Worksheet.

 

SECTION 6.  Section 11.04.125 is added to the Santa Monica Municipal Code to read as follows:

11.04.125  Rebuttal Arguments

If any person submits an argument against a city measure, and an argument has been filed in favor of the city measure, the City Clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure.  The persons filing the argument in favor of the city measure may prepare and submit a rebuttal to the argument against the measure not exceeding 250 words. Such rebuttal shall be signed by any one of the persons filing the original argument, any combination of the persons signing the original argument or by all of the persons filing the original argument.  The rebuttal shall not be signed by any person who did not sign the original argument nor shall it contain more than 5 signatures.


The City Clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal to the argument in favor of the city measure not exceeding 250 words.  Such rebuttal shall be signed by any one of the persons filing the original argument, any combination of the persons signing the original argument or by all of the persons filing the original argument.  The rebuttal shall not be signed by any person who did not sign the original argument nor shall it contain more than 5 signatures.

The rebuttals shall be filed with the City Clerk not more than 10 days after the final date for filing original arguments or the date fixed by the City Clerk, whichever date is later.  Rebuttals shall be printed in the same manner as the original arguments.  Each rebuttal shall immediately follow the original argument it seeks to rebut.

 

SECTION 7.  Section 11.04.150 of the Santa Monica Municipal Code is 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 state and Municipal Code, the City Clerk shall make available to each candidate, to each proponent or opponent of a measure and to each committee 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 filings of filing dates for campaign statements.  In addition, candidates are to receive a list outlining basic municipal candidacy requirements.

 

SECTION 8.  Section 11.04.155 is added to the Santa Monica Municipal Code to read as follows:


11.04.155 Election Filing Requirements.

1.  Time Deadline.  Unless this Chapter provides otherwise, all documents required to be filed under this Chapter, the California Elections Code or the California Political Reform Act must be received by the City Clerk by the close of business on the date specified for filing.  If the City Clerk=s office is closed on that date, all such documents shall be submitted no later than the close of business on the business day immediately following the date specified for filing.

2.  Facsimile Signatures.  All documents required to be signed and filed with the City Clerk pursuant to this Chapter, the California Elections Code or the California Political Reform Act, shall contain original signatures.  Facsimile signatures shall not be substituted for original signatures, except as provided in Section 11.04.155(3).

3.  Absent Voter Ballot Request.  A voter may request an absent voter ballot by original or facsimile signature.

 

SECTION 9.  Section 11.04.171 is added to the Santa Monica Municipal Code to read as follows:

11.04.171.  Fees for Petitions.

There shall be no fee for filing a petition for recall, initiative, referendum or amendment of the City Charter.

 


SECTION 10.  Section 11.04.190 is added to the Santa Monica Municipal Code to read as follows:

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 voter's 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.  The City Clerk shall make this information available for public inspection in the City Clerk's office for a period of 10 calendar days immediately following the filing deadline of such materials.  Any person seeking a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted shall comply with the time requirements in Elections Code Sections 9295 and 13313 for filing such actions.

 

SECTION 11.   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 12.  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:

 

 

 

_________________________

MARSHA JONES MOUTRIE

City Attorney