Item 4-A

City Council Meeting 11-10-98 Santa Monica, California

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Adoption of Resolutions Calling for a Special Municipal Election to Fill an Unscheduled Vacancy on the City Council

Introduction

Councilmember Greenberg tendered her resignation from the City Council effective September 25, 1998, due to her move outside of the City boundaries. At its regular meeting of October 13, 1998, the City Council accepted Councilmember Greenberg's resignation and declared her seat vacant. Section 603 of the City Charter states, in part, that any vacancy on the City Council shall be filled by appointment within thirty days after the office is declared vacant, and shall Council fail to fill the vacancy, Council shall forthwith cause an election to be held to fill such vacancy.

Council has held discussions during the October 13, and October 27, 1998, meetings regarding the procedure for filling the vacancy, and candidates have been invited to submit letters of interest and applications. This staff report recommends that Council deliberate and take action to fill the vacant seat or adopt the attached ordinance and resolutions necessary to call a special election to fill the vacancy.

Election Scheduling Procedures

Section 1403 of the City Charter provides for all elections to be held in accordance with the provisions of the Elections Code of the State of California, unless otherwise provided by ordinance. The Elections Code establishes March 2, 1999, as the next appropriate date for an election. Staff recommends that if a special election is called, it be scheduled for March 16, 1999, for two reasons. The first is that on March 2, 1999, a large number of cities will be holding stand-alone elections and will be using the services of the only election supplier located in Southern California. Second, this will be the first stand-alone election the City Clerk's Office will administer in 15 years, and will require a substantial amount of work in a short period of time. The additional two weeks of time will provide some relief to staff.

Attached as Exhibit A is an emergency ordinance for adoption setting the date of the special election, pursuant to Section 1403 of the City Charter. Exhibit B is a resolution calling a special election to fill an unscheduled vacancy on the City Council to be held on March 16, 1999. Exhibit C is a resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the special election. Exhibit D is a resolution authorizing services, supplies and equipment from Martin & Chapman Company for the special election. Exhibit E is a resolution ordering the canvass of the special election be made by the City Clerk. Exhibit F is a resolution providing for the conduct of a special runoff election for the unscheduled vacancy in the event of a tie at the special election.

Budget/Financial Impact

There are no approved funds in the City Clerk's Office elections budget for Fiscal Year 1998-1999. Martin & Chapman has given an estimate of $1 per voter for services, supplies and equipment. There are 55,237 registered voters in the City as of October 5, 1998. Staff is requesting funds for services and supplies from Martin & Chapman in the amount of $60,000, including approximately $4,763 for contingencies. Staff is also requesting $20,000 in funding for services from Los Angeles County. Although it is not anticipated that the cost will be that high, it is difficult to estimate a more precise amount since this is the first stand-alone election in a long time. The County charges $1.36 per verification of voter's signatures. During the November 1996 election there were 5,589 absentee ballots received for City candidates and measures. If a similar number were received for this election, the verification of these signatures would account for $7,600, in addition to the cost for the other services requested from the County.

Staff is requesting $15,000 for postage and $9,500 for labor costs to mail out voter pamphlets. This estimate is based on the cost for mailing pamphlets for the 1996 election. The pamphlet for the special election would contain fewer pages than the 1996 pamphlet and cost less. However, there will be the added cost of mailing out absentee ballots directly from our office, and not from the County. Finally, staff is requesting $22,500 for various other costs including, but not limited to: stipends for precinct workers and fees for using precinct sites; wages for temporary and election day workers; overtime funds for City Clerk's staff; legal publishing costs; and, miscellaneous supplies and expenses.

If a special election is called, there will be a need to augment CityTV's budget to accommodate election programming. Staff recommends that $10,000 be appropriated for Fiscal Year 1998-99.

In summary we are requesting a total appropriation of $137,800 to be allocated as follows:

$15,000 to 01-120-212-00000-2232-00000 (metered postage);

$800.00 to 01-120-212-00000-2252-00000 (legal advertising);

$102,000 to 01-120-212-00000-5506-00000 (Professional Services);

$2,000 to 01-120-212-00000-2231-00000 (office supplies);

$2,000 to 01-120-212-00000-1150-00000 (temporary employees);

$6,000 to 01-120-212-00000-1149-00000 (overtime); and,

$10,000 to 51-110-207-00000-4439-00000 (other costs).

Recommendation

It is respectfully recommended, should Council not fill the vacancy by appointment and find it necessary to call a special election, that Council adopt the emergency ordinance and five resolutions, and approve the appropriation as outlined in the budget section of the report.

Prepared by: Maria M. Stewart, City Clerk

Attachments: Exhibit A - Emergency Ordinance

Exhibit B - Resolution Calling Special Election

Exhibit C - Resolution Requesting Services from the County

Exhibit D - Resolution Authorizing Provision of Election Services

Exhibit E - Resolution Ordering Clerk to Canvass Results

Exhibit F - Resolution Providing for a Special Run Off Election