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HomeMy WebLinkAboutR 2026-048 RESOLUTION NO. 2026-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF ARROYO GRANDE, A MEASURE TO REPEAL 1990 MEASURE “A” AND 2016 MEASURE E-16, AND REPLACE BOTH BY AMENDING SECTION 2.08.070 OF CHAPTER 2.08 OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE TO AUTHORIZE THE CITY OF ARROYO GRANDE TO PARTICIPATE IN THE CALIFORNIA STATE WATER PROJECT, AT A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE WHEREAS, the voters approved Measure “A” in the November 6, 1990 General Municipal Election (Resolution No. 2432); and WHEREAS, Measure “A” states that the City “shall not participate, in any way, including but not limited to, the expenditure or commitment of any funds, in the California State Water Project without an affirmative vote of the majority of the voters voting upon such a measure.” (Resolution No. 2383); and WHEREAS, on May 10, 2016, in response to ongoing drought conditions, the City Council placed another ballot measure on the November 6, 2016, General Municipal Election ballot (“Measure E-16”) that would allow for the purchase of State water during local water emergencies declared by the Arroyo Grande City Council; and WHEREAS, the voters approved Measure E-16 by a vote of 86.42% in the November 6, 2016 General Municipal Election; and WHEREAS, staff continued to evaluate water supply between 2016 and 2024, and on April 9, 2024, Council discussed the City’s current water supply and directed staff to bring back an item to prepare a ballot measure to authorize the City of Arroyo Grande to participate in the California State Water Project, with or without a declared local water emergency; and WHEREAS, on May 14, 2024, Council directed staff to defer a State Water ballot measure until 2026 to allow for further evaluation of local water supply and demand and additional study; WHEREAS, on March 10, 2026, staff reported to the City Council that water supply is projected to meet demand for the next three calendar years, but that it is necessary to plan for supplemental water supply due to the need to diversify its water portfolio; and WHEREAS, on March 10, 2026, the City Council directed staff to proceed with the preparation of a ballot measure to repeal Measures A and E-16, and amend the Municipal Code to authorize the City of Arroyo Grande to participate in the California State Water Project, with or without a declared local water emergency; and WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and RESOLUTION NO. 2026-048 PAGE 2 WHEREAS, the City Council desires to submit to Arroyo Grande voters a measure that would authorize the City of Arroyo Grande to participate in the California State Water Project , with or without a declared local water emergency; and WHEREAS, the City Council desires to consolidate the General Municipal Election for the ballot measure described herein with the Statewide General Election to be held on November 3, 2026; and WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code section 9222, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the General Municipal Election to be held and consolidated with the Statewide General Election on Tuesday, November 3, 2026. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein. SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California law, does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election to be consolidated with the Statewide General Election on Tuesday, November 3, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question: “Shall the measure to repeal and replace Measure A (1990) and Measure E-16 (2016) to allow the City of Arroyo Grande to participate in the California State Water Project without requiring prior voter approval, providing another potential water supply source, be adopted?” YES NO SECTION 4. Election Procedures/Request for Consolidation. A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 3, 2026, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. RESOLUTION NO. 2026-048 PAGE 3 B. The ballots to be used at the election shall be in the form and content as required by law. C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of San Luis Obispo County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 3, 2026, and to having the Registrar of Voters render such election services to the City of Arroyo Grande as may be requested by the City Clerk’s Office of said City, the County of San Luis Obispo to be reimbursed in full for such services as are performed. D. The election services which the City of Arroyo Grande requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk’s Office of the City of Arroyo Grande; and the performance of such other election services as may be requested by the City Clerk. E. The City Clerk’s Office is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election. F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Luis Obispo; and G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. H. Notice of the time and place of holding the election is given and the City Clerk’s Office is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. J. The San Luis Obispo County Registrar of Voters is hereby authorized to canvass the returns of said election. K. The City Clerk’s Office of the City of Arroyo Grande shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law. RESOLUTION NO. 2026-048 PAGE 4 SECTION 5. Arguments and Analysis. A.The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including Friday, July 17, 2026 at 5:00 p.m. after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The City Council hereby delegates the following of its members to author an argument and, if authorized below, a rebuttal [for/against] the Measure on behalf to the City Council, subject to the deadlines and rules set forth herein: Mayor Caren Ray Russom Council Member Aileen Loe [no more than two members] B.The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. C.Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk’s Office to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk’s Office, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ba llot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (805) 473-5418 and a copy will be mailed at no cost to you.” SECTION 6. Rebuttals. A.That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk’s Office has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk’s Office shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. RESOLUTION NO. 2026-048 PAGE 5 The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk’s Office not later than Tuesday, July 28, 2026 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B.That the provisions herein shall apply only to the election to be held on November 3, 2026, and shall then be repealed. SECTION 7. Placement on the Ballot. The full text of the Ballot Ordinance [shall/shall not] be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinance and/or ballot measure, at no cost, upon request made to the City Clerk’s Office. SECTION 8. Delivery of Resolution to County. The City Clerk’s Office shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk’s Office to deliver copies of this Resolution, including the Ballot Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Luis Obispo County and to the Registrar of Voters of San Luis Obispo County not later than 88 days prior to the General Municipal Election. SECTION 9. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5). SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. On motion of Council Member Mayor Ray Russom, seconded by Council Member Maraviglia, and on the following roll call vote, to wit: AYES: Mayor Ray Russom, and Council Members Maraviglia, Loe, Secrest, Guthrie NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of June, 2026. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2026-048 PAGE 6 RESOLUTION NO. 2026-048 PAGE 7 EXHIBIT “A” ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARROYO GRANDE, CALIFORNIA, TO REPEAL 1990 MEASURE “A” AND 2016 MEASURE “E-16” AND REPLACING BOTH BY AMENDING SECTION 2.08.070 OF CHAPTER 2.08 OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE TO AUTHORIZE THE CITY OF ARROYO GRANDE TO PARTICIPATE IN THE CALIFORNIA STATE WATER PROJECT NOW THEREFORE, THE PEOPLE OF THE CITY OF ARROYO GRANDE DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of Arroyo Grande at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, Measure A, adopted in the November 1990 General Municipal Election, and Measure E-16, adopted in the November 6, 2016 General Municipal Election are hereby repealed. Pursuant to this Ordinance approved by a majority of City voters in the November 3, 2026 General Municipal Election, the City of Arroyo Grande is hereby authorized to participate in the California State Water Project with an affirmative vote of a majority of a quorum of the City Council. No declaration of local water emergency shall be required for the City Council to take such action. SECTION 2. Section 2.08.070 of Chapter 2.08 of Title 2 of the Arroyo Grande Municipal Code is amended and shall read as follows: [NOTE: deletions are identified in strikeout text and additions are identified in bold italics] "TITLE 2: ADMINISTRATION AND PERSONNEL. CHAPTER 2.08 – CITY MANAGER 2.08.070 - Powers and duties. . . . Y. The City of Arroyo Grande may participate in the California State Water Project. The City Manager, or his or her designee, may bring an agenda item to the City Council seeking authorization, by a majority vote of a quorum of the City Council, for the City Manager, or his or her designee, to take action to participate in the California State Water Project; and YZ. Other powers and duties: to perform such other duties and exercise such other powers as are necessarily incident to the powers set forth in this section or as may be assigned or delegated to him or her from time to time, by actions of the council.” SECTION 3. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of RESOLUTION NO. 2026-048 PAGE 8 this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 4. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Arroyo Grande which are in conflict with any provision of this Ordinance. SECTION 5. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose. SECTION 6. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Arroyo Grande voting at a General Municipal Election to be held on November 3, 2026, and shall take effect ten (10) days after the City Council has certified the results of the General Municipal Election by resolution. SECTION 7. The City Clerk is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 3, 2026, by signing where indicated below. I HEREBY CERTIFY that the foregoing ordinance was adopted by a majority vote of all members of the City Council of the City of Arroyo Grande as required by Government Code Section 53724 and submitted to the voters at the meeting of the City Council held on the day of June, 2026, by the following roll call vote: AYES: NOES: ABSENT: _________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: _________________________________ JESSICA MATSON, CITY CLERK Ordinance No. ____ was submitted to the People of the City of Arroyo Grande at the November 3, 2026 General Election. It is hereby certified that this ordinance was passed and approved by following vote of the People of the City of Arroyo Grande: YES: NO: RESOLUTION NO. 2026-048 PAGE 9 This ordinance was thereby adopted by the voters at the November 3, 2026 General Election and shall take effect as provided by law. OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2026-048 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of June, 2026. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of June, 2026. JESSICA MATSON, CITY CLERK