CC 2024-05-28_09b 2024 General Municipal Election for Certain Officers
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk
SUBJECT: Resolutions for the 2024 General Municipal Election for the Election
of Certain Officers of the City
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt a Resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 5, 2024, for the election of certain officers of
the City;
2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis
Obispo to consolidate a General Municipal Election to be held on November 5, 2024; and
3) Adopt a Resolution adopting regulations for candidates governing the submittal of a
Candidate Statement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Funding for the November 2024 General Municipal Election has been included in the
Fiscal Year 2024-25 Budget in the amount of $55,000, based on the estimate received
BACKGROUND:
Historically in Arroyo Grande, the Mayor and City Council members were elected in at-
large elections where each of the four Council Members and the Mayor were elected by
the registered voters of the entire City.
-large method of
threatening litigation if the City did not voluntarily transition to a district-based election
system.
On October 16, 2019, the City Council adopted Resolution No. 4949 (Attachment 4)
declaring its intent to transition from at-large to district-based elections by November
2022. While the Act requires public entities complying with Elections Code Section 10010
and agreeing to transition to district-based elections to do so in an expedited fashion, it
Item 9.b.
City Council
Resolutions for the 2024 General Municipal Election for the Election of Certain
Officers of the City
May 28, 2024
Page 2
was agreed to allow the City to defer implementation of the district-based election system
until the November 2022 election.
On April 12, 2022, after a series of public hearings and workshops in 2021 and 2022, the
City Council adopted Ordinance 713 (Attachment 5) establishing a by-district election
system and created district boundaries. In November 2022, electors in Districts 1 and 4
voted for a City Councilmember from their district. In November 2024, electors in Districts
2 and 3 will vote for a City Councilmember from their district. The Mayor will continue to
be elected by registered voters of the entire City (at-large).
State law establishes the dates when general law cities conduct municipal elections for
the purpose of electing members of the City Council. The office of Council Member is a
four-year term, with terms expiring at staggered intervals (i.e., terms of office for two
members of the City Council are scheduled to expire every two years). The office of Mayor
is a two-year term pursuant to a voter-approved measure adopted in 1982. The California
Elections Code establishes procedures and requirements for conducting a General
Municipal Election. As the first step in the election process, certain Resolutions must be
adopted by the City Council.
ANALYSIS OF ISSUES:
Pursuant to Arroyo Grande Municipal Code Section 1.08.010, the City will conduct a
General Municipal Election on the same day as, and consolidated with, the Statewide
General Election. The Statewide General Election is held on the first Tuesday after the
first Monday in November in even numbered years. This year, the date of the Statewide
General Election is Tuesday, November 5, 2024. The request for consolidation must be
submitted to the County Board of Supervisors no later than June 18, 2024.
By consolidating the election with other jurisdictions in the County, costs to the City to
conduct the election are substantially reduced. Following the election, the County invoices
the City for its proportional share of the costs. The estimated cost of $55,000 for the 2024
General Election has been included in the FY 2024-25 Budget.
The printing of candidate statements in the sample ballot booklet is also included in the
Since 2008, the City has sought full cost recovery from the candidate
for the publication of a candidate statement pursuant to State law, since the publication
of a candidate statement is optional and not a requirement. This is a consistent practice
among most California cities. It is recommended that the word count limit be set at 200
words per statement, consistent with previous elections. The City requires an initial
deposit at the time a candidate files his/her nomination papers. Candidates are then either
invoiced or sent a refund after the County calculates the share of costs for printing/mailing
of the sample ballot booklet for each agency and candidate.
Item 9.b.
City Council
Resolutions for the 2024 General Municipal Election for the Election of Certain
Officers of the City
May 28, 2024
Page 3
In 2024, the terms of Council Member Kristen Barneich, Council Member Lan George,
and Mayor Caren Ray Russom are expiring.
The nomination period for candidates running for a seat on the City Council for the District
2 City Council Member position, the District 3 City Council Member position, and for Mayor
is Monday, July 15, 2024, through Friday, August 9, 2024. If an incumbent does not file
nomination papers and qualify by the close of the nomination period, the filing period is
extended for non-incumbents for five (5) days pursuant to State law. Candidates for the
District 2 City Council Member and District 3 City Council Member seats must live and be
registered to vote in the districts for which they are nominated.
ALTERNATIVES:
1. Adopt the Resolutions pertaining to the 2024 Municipal Election; or
2. Provide other direction to staff.
ADVANTAGES:
Adoption of the proposed Resolutions will meet the provisions required by the California
Elections Code for calling and giving notice of a General Municipal Election, requesting
the services of the County to conduct a consolidated election, and setting forth regulations
for candidates pertaining to the filing of candidate statements.
DISADVANTAGES:
There are no identified disadvantages related to adoption of the proposed Resolutions as
they are required by State law in order to conduct a Consolidated General Municipal
Election in the City.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
Government Code Section 54954.2. A Notice of Election will be published in the
newspaper pursuant to the timeline prescribed by the Elections Code.
ATTACHMENTS:
1. Proposed Resolution Calling and Giving Notice of the November 5, 2024 Election
2. Proposed Resolution Consolidation with the County
3. Proposed Resolution Regulations for Candidate Statements
4. Resolution 4949
5. Ordinance 713
Item 9.b.
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State
of California, a General Municipal Election shall be held on November 5, 2024, for the
election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That pursuant to the requirements of the laws of the State of California relating to
General Law Cities, there is called and ordered to be held in the City of Arroyo
Grande, California, on Tuesday, November 5, 2024, a General Municipal Election
for the purpose of electing an at-large Mayor for the full term of two years, one
Member of the City Council for District 2 for the full term of four years, and one
Member of the City Council for District 3 for the full term of four years.
2. That the ballots to be used at the election shall be in form and content as required
by law.
3. That the City Clerk is authorized, instructed, and directed to coordinate with the
County of San Luis Obispo County Clerk-Recorder to procure and furnish any and
all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
4. The vote center locations and hours of operations, ballot drop box 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 in compliance with
the Elections Code of the State of California.
5. That in all particulars not recited in this Resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
6. That notice of the time and place of holding the election is given and the City Clerk
is authorized, instructed and directed to give further or additional notice of the
election, in the time, form, and manner as required by law.
7. That in the event of a tie vote (if any two or more persons receive an equal and the
highest number of votes for an office) as certified by the County of San Luis
RESOLUTION NO.
PAGE 2
Obispo County Clerk-Recorder, the City Council, in accordance with Election Code
Section 15651(a), shall set a date, time, and place and summon the candidates
who have received the tie votes to appear and will determine the tie by lot.
8. That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
9. The City Council authorizes the City Clerk to administer said election and all
reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
On motion of Council Member _______, seconded by Council Member ________, and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
th
the foregoing Resolution was passed and adopted this 28 day of May, 2024.
RESOLUTION NO.
PAGE 3
__________________________________
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
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403
OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal
Election to be held on Tuesday, November 5, 2024, for the purpose of the election of an
at-large Mayor, one (1) Member of the City Council for District 2, and one (1) Member of
the City Council for District 3; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the
precincts, polling places and election officers of the two elections be the same, and that
the County Elections Division of the County of San Luis Obispo canvass the returns of
the General Municipal Election and that the election be held in all respects as if there
were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That pursuant to the requirements of Section 10403 of the Election Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General Election on Tuesday, November 5, 2024, for the purpose of
the election of an at-large Mayor, one (1) Member of the City Council for District
2, and one (1) Member of the City Council for District 3.
2. That the Elections Division of the County Clerk-is authorized to
canvass the returns of the General Municipal Election. The election shall be held
in all respects as if there were only one election, and only one form of ballot shall
be used. The election will be held and conducted in accordance with the
provisions of law regulating the Statewide election.
3. That the Board of Supervisors is requested to issue instructions to the Elections
Division of the County Clerk-to take any and all steps
necessary for the holding of the consolidated election.
4. That the City of Arroyo Grande recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the
County for any such additional costs.
RESOLUTION NO.
PAGE 2
5. That the City Clerk is hereby directed to file a certified copy of this Resolution
with the Board of Supervisors and the Elections Division of the San Luis Obispo
County Clerk-.
6. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
On motion of Council Member ______, seconded by Council Member _______, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
th
the foregoing Resolution was passed and adopted this 28 day of May, 2024.
RESOLUTION NO.
PAGE 3
__________________________________________
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
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that
the governing body of any local agency may adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates
statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. That the following regulations are hereby adopted regarding candidate statements
for candidates for elective office in the City of Arroyo Grande:
A. GENERAL PROVISIONS. That pursuant to Sections 13307 and 13308 of the
Elections Code of the State of California, each candidate for elective office to
be voted for at an Election to be held in the City of Arroyo Grande on November
5, 2024, may prepare a cstatement on an appropriate form provided
by the City Clerk. The statement may include the name, age, and occupation
of the candidate and a brief description of no more than 200 words of the
expressed by the candidate himself or
herself. The statement shall not include party affiliation of the candidate, nor
membership or activity in partisan political organizations. In addition, the
background and qualifications and shall not in any way make reference to other
activities. The statement shall be filed in typewritten form in the office of the
statement may be withdrawn, but not changed, during the period for filing
nomination papers and until 5:00 p.m. of the next working day after the close
of the nomination period.
B. FOREIGN LANGUAGE POLICY. The San Luis Obispo County Clerk-
ranslated into Spanish only those statements as
requested by the candidate, and print any translation(s) of candidates who so
request printing in the voter pamphlet.
RESOLUTION NO.
PAGE 2
C. PAYMENT.
i) The candidate shall be required to pay for the cost of printing the candidates
ii) The candidate shall be required to pay for the cost of translating and printing
the candidates statement into the foreign language, pursuant to State law.
iii) The San Luis Obispo County Clerk-shall estimate the total
cost of printing, handling, translating, and mailing the candidates statements
filed pursuant to this Section, and the City Clerk shall require each candidate
filing a statement to pay in advance to the City his or her estimated pro rata
pamphlet. The estimate is just an approximation of the actual costs that varies
from one election to another election and may be significantly more or less than
the estimate, depending on the actual number of candidates filing statements.
Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata
basis, bill the candidate for additional actual expense or refund any excess
paid, depending on the final actual cost. In the event of underpayment, the
Clerk may require the candidate to pay the balance of the cost incurred. In the
event of overpayment, the City Clerk shall prorate the excess amount among
the candidates and refund the excess amount paid within thirty (30) days of the
receipt of the final invoice from the County.
D. ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the sample ballot package.
2. That the City C
a copy of this Resolution at the time nominating petitions are issued.
3. That this Resolution shall apply only to the election to be held on November 5,
2024 and shall then be repealed.
4. That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
On motion of Council Member , seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
th
the foregoing Resolution was passed and adopted on this 28 day of May, 2024.
RESOLUTION NO.
PAGE 3
_____________________________________
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
ORDINANCE NO. 713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2
OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE
ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR
COUNCIL MEMBERS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING THE ORDER OF
ELECTION FOR EACH DISTRICT
WHEREAS, the City of Arroyo Grande (ÐCityÑ) currently elects four (4) Council members
and one (1) Mayor using an at-large election system; and
WHEREAS, in response to threatened litigation regarding alleged non-compliance with
the California Voting Rights Act (ÐCVRAÑ), the City Council of the City of Arroyo Grande
(ÐCity CouncilÑ) has determined that it is in the best interest of the City to shift from its
current at-large election system to a by-district election system for four (4) Council
members and to continue electing the mayor at-large; and
WHEREAS, on October 22, 2019 the City Council adopted Resolution No. 4949,
declaring the CityÓs intention to transition from at-large to district-based elections for
Council members pursuant to Elections Code Section 10010; and
WHEREAS, California Government Code section 34886 permits the City Council to
change the CityÓs method of election by ordinance, with certain formalities, to require the
members of the legislative body to be elected by district with an elective mayor; and
WHEREAS, pursuant to California Government Code section 34886, it is declared that
the purpose of this change in the method of electing Council members is to further the
purposes of the California Voting Rights Act of 2001, (California Elections Code section
14025 et seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of
Article II of the California Constitution; and
WHEREAS, the City engaged an expert demographic firm to assist the City with the
process of analyzing the CityÓs population, developing draft maps, and gathering input
from residents on the possible maps; and
WHEREAS, in accordance with Elections Code section 10010, the City Council held two
(2)public hearings to obtain input on proposed district boundaries on July 27, 2021 and
August 10, 2021; and
WHEREAS, the City conducted public workshops on September 18, 2021 and October
28, 2021 on the proposed district maps and made presentations to eight (8) community
organizations; and
WHEREAS, on February 15, 2022, the City posted all draft maps submitted by the public
on its website for public review; and
ORDINANCE NO. 713
PAGE 2
WHEREAS, on March 1, 2022, the City posted four (4) Council-selected focus district
maps prepared by its demographer on its website for public review; and
WHEREAS, at its regular meetings on February 22, 2022, March 8, 2022 and March 22,
2022, the City Council held three (3) additional public hearings at which the public was
invited to provide input regarding the draft maps and the sequence of district elections;
and
WHEREAS, at its March 8, 2022, meeting, the City Council provided direction to staff to
bring back this Ordinance with a designated draft district map for the consideration of the
City Council; and
WHEREAS, on March 22, 2022, the City Council introduced, read by title, and waived
further reading of this Ordinance; and
WHEREAS, the City Council has satisfied all legal prerequisites to the enactment of this
Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government
Code section 34886, an ordinance providing for the election of Council members by-
district in four (4) single-member districts, as reflected in Exhibit A to this Ordinance, and
the election of a Mayor by an at-large election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Chapter 2.21 entitled ÐElectionsÑ is hereby added to Title 2 of the City of
Arroyo Grande Municipal Code.
SECTION 3. At-Large Election of Mayor. Section 2.21.010 of Chapter 2.21 is hereby
added to Title 2 of the City of Arroyo Grande Municipal Code to read as follows:
At-Large Election of Mayor.
The mayor shall be elected at-large and have a term of two (2) years. At a
general municipal election in 1982, the voters determined to have an
elected mayor who should serve a term of two (2) years.
ORDINANCE NO. 713
PAGE 3
SECTION 4. By-District Elections. Section 2.21.020 is hereby added to Chapter 2.21 of
Title 2 of the City of Arroyo Grande Municipal Code to read as follows:
By-District Elections of Council members.
A. Pursuant to California Government Code section 34886, four (4)
members of the City Council of the City of Arroyo Grande shall be elected
by-district in separate single-member districts.
1. Members of the City Council shall be elected in the electoral districts
established by subdivision B of this Section, as may be subsequently
reapportioned pursuant to State law. Elections shall take place Ðby
districtÑ as that term is defined in California Government Code
section 34871, meaning one Council member shall be elected from
each district, by the voters of that district alone.
2. Any candidate for City Council must reside in, and be a registered
voter in, the district in which he or she seeks election at the time
nomination papers are issued. Any Council member elected or
appointed to the seat of a specific district must reside in that district
and be a registered voter in that district for his or her full term of
office.
3. Termination of residency in a district by a Council member shall
create a vacancy for that City Council district unless a substitute
residence within the district is declared and established within thirty
(30) days after the termination of residency.
4. Notwithstanding any other provision of this section, the Council
members in office at the time this section takes effect shall continue
in office until the expiration of the term to which they were elected. In
the event a vacancy occurs during a Council memberÓs term, the
vacancy shall be filled pursuant to the provisions of Government
Code section 36512 (b).
B. City Council Districts and District Elections. Four (4) Council
members shall be elected on a Ðby-districtÑ basis from the Council districts
shown and numbered on the map titled ÒCity of Arroyo Grande District MapÓ
attached as Exhibit A, a copy of which shall be on file in the City ClerkÓs
office. In 2022, and every four (4) years thereafter, the following two (2) City
Council districts shall be elected by-district: District 1 and District 4. In 2024,
and every four (4) years thereafter, the following two (2) City Council
districts shall be elected by-district: District 2 and District 3.
C. Amendment of District Boundaries. Pursuant to Elections Code
section 21601, as it may be amended from time to time, the City Council
shall adjust the boundaries of any or all of the districts following each
decennial federal census to ensure that the districts are in compliance with
all applicable provisions of law.
ORDINANCE NO. 713
PAGE 4
SECTION 5. CEQA. Based upon the whole of the administrative record before it, the City
Council hereby finds that a transition from at-large to by-district elections is exempt from
environmental review under the California Environmental Quality Act (ÐCEQAÑ) (Pub.
Resources Code, §21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs.,
tit. 14, §15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this
Ordinance is an organizational and administrative activity of the City, does not have the
potential to result in either a direct or reasonably foreseeable indirect physical change in
the environment, and is therefore not a project for purposes of CEQA. (State CEQA
Guidelines, §§15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does
constitute a project, it is categorically exempt under the Class 20 (Changes in the
Organization of Local Governments) categorical exemption. (State CEQA Guidelines,
§15320.) Further, none of the exceptions to the exemptions found in State CEQA
Guidelines Section 15300.2 apply. Staff is hereby directed to prepare, execute and file
with the San Luis Obispo County Clerk a CEQA Notice of Exemption within five (5)
working days of the adoption of this Ordinance.
SECTION 6. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance 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 7. Effective Date. Pursuant to Government Code section 36937(a), this
Ordinance shall take effect immediately upon adoption.
SECTION 8. Publication. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified copy
of the full text of the proposed Ordinance shall be posted in the office of the City Clerk.
Within fifteen (15) days after adoption of the Ordinance, the summary with the names of
those City Council members voting for and against the Ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
On motion by Council Member Storton, seconded by Council Member Barneich, and by
the following roll call vote to wit:
AYES: Council Members Storton, Barneich, Paulding, and Mayor Pro Tem George
NOES: Mayor Ray Russom
ABSENT: None
th
the foregoing Ordinance was adopted this 12 day of April, 2022.
ORDINANCE NO. 713
PAGE 6