R 4949 RESOLUTION NO. 4949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING ITS INTENTION TO
TRANSITION FROM AT-LARGE TO DISTRICT-BASED
ELECTIONS BY NOVEMBER 2022
WHEREAS, members of the City Council of the City of Arroyo Grande ("City") are
currently elected in at-large elections in which each of the four Council members along
with the Mayor are elected through a City-wide vote; and
WHEREAS, California Government Code Section 34886 permits the legislative body of
a city to adopt an ordinance that requires members of the legislative body to be elected
by district with an elective mayor, without being required to submit the ordinance to the
voters for approval; and
WHEREAS, on October 2, 2019, the City received a letter entitled Notice of Violation of
California Voting Rights Act ("Notice") from attorney Robert Goodman on behalf of Maria
Minicucci ("Prospective Plaintiff'), asserting that the City's method of conducting elections
may violate the California Voting Rights Act ("Act") and threatening litigation if the City
doesn't voluntarily transition to a district-based election system; and
WHEREAS, a violation of the Act may be established if it is shown that racially polarized
voting occurs in elections in the jurisdiction; and
WHEREAS, the Act provides a means for prospective plaintiffs to allege racially polarized
voting combined with an at-large voting system impair the ability of a protected class of
voters to elect candidates of its choice or to influence the outcome of an election and to
seek a change from a jurisdiction's at-large election system to a district-based system;
and
WHEREAS, the Act allows prospective plaintiffs to file a lawsuit against the City if the City
does not adopt a resolution of intent to transition to district-based elections within 45 days
of the Notice; and
WHEREAS, Prospective Plaintiff offered to consider a settlement agreement whereby the
City would not be required to institute district-based elections until the November 2022
regular election in order to allow 2020 U.S. Census data to be used in drawing district
boundaries; and
WHEREAS, the City denies the assertion that its at-large system violates the Act or any
other law and asserts that the City's election system is legal in all respects; and
WHEREAS, the City Council has concluded that the public interest would best be served
by transitioning to a district-based election system with an elective mayor due to the
RESOLUTION NO. 4949
PAGE 2
inherent uncertainties and costs associated with defending the City's at-large election
system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The above recitals are true and correct and incorporated herein by this reference.
2. Before the November 2022 regular election, the City Council will consider adoption
of an ordinance to institute a district-based election system with an elective mayor
as authorized under Government Code Section 34886.
3. Prior to considering an ordinance to establish district boundaries for a district-
based election system with an elective mayor, the City will follow the requirements
pursuant to Elections Code Section 10010 including:
a. Hiring a qualified consultant to provide demographic services and assist in the
preparation of proposed district maps;
b. Conduct public outreach, including to non-English speaking communities, to
explain the districting process and to encourage public participation;
c. Before drawing a draft map or maps of the proposed division boundaries, hold
at least two public hearings at which the public is invited to provide input
regarding the composition of the districts and to consider district boundaries;
d. After drawing a draft map or maps, publish the draft map(s) and the potential
sequence of the district elections and hold at least two public hearings at which
the public is invited to provide input regarding the content of the draft map or
maps and the proposed sequence of elections; and
e. Hold a public hearing at which the City Council will consider and adopt an
ordinance establishing district-based elections with an elective mayor,
including a district boundary map and the sequence of the district elections.
4. This Resolution shall take effect upon its adoption.
5. The City Manager is hereby authorized to enter into a professional services
agreement as necessary with a consultant qualified to provide demographic
services to the City.
On motion of Mayor Ray Russom, seconded by Council Member Paulding, and on the
following roll call vote, to wit:
AYES: Mayor Ray Russom and Council Members Paulding, Storton, George, Barneich
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 22nd day of October, 2019.
RESOLUTION NO. *Of
PAGE 3
CARE RAY RIZ• •M, MAYOR
ATTEST:
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KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT.
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Ph
JAMES A =' -4 MAN, CITY MANAGER
APPROVED AS TO FORM:
ATHER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4949 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of October, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day of
October, 2019.
litiaValete-----
KELLYLY EE ORE, CITY CLERK