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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