Agenda Item No. 3
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: June 13, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: Resolutions for the 2022 General Municipal Election for the Election of Certain Officers of the City
RECOMMENDATION
1) Adopt the Resolution calling and giving notice of a General Municipal Election to be held on November 8, 2022 for the election of certain officers of the City; 2) adopt the Resolution requesting the County Board of Supervisors to consolidate the City’s General Municipal Election with the Statewide General Election; and 3) adopt the Resolution adopting regulations for candidates governing submittal of a Candidate’s Statement
BACKGROUND:
State law establishes the dates when general law cities conduct municipal elections for the purpose of electing members of the City Council. The Grover Beach Municipal Code (GBMC) Section 2350 (Attachment 4) requires the General Municipal Election to be held on the same day as, and consolidated with, the Statewide General Election. With adoption of the Resolutions described in this staff report, the City will be requesting the County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election. The request must be submitted to the County Board of Supervisors by no later than August 12, 2022.
As a first step in the election process, certain Resolutions must be adopted by the Council. On March 28, 2022 the City Council adopted Ordinance No. 22-02 which changed the City's "at-large" election system to a "district-based" system in which each Council Member seat is elected by the voters in the district in which the candidate resides. Attachment 5 shows the new district maps for electing Council Members. The office of Council Member is a four-year term, with terms expiring at staggered intervals. For the November 2022 election, Council Members in Districts 1 and 2 will be up for election. The office of Mayor remains directly elected "at-large" for a two-year term. The required Resolutions for the November 2022 election for the purpose of electing a Mayor and two (2) members of the City Council, from District 1 and District 2, are presented to the Council for its consideration (see Attachments 1, 2, and 3).
Incumbents
In December 2022, the four-year terms of office for positions that are currently filled by Council Member Robert Robert and Council Member Daniel Rushing are scheduled to expire, as well as the two-year term of office for Mayor Jeff Lee.
• Council Member Robert was elected in the November 2020 General Election to fill the remaining two-year term of former Council Member Barbara Nicolls when she resigned in July 2020. Council Member Robert resides in District 1.
Staff Report: Resolutions for the 2022 General Municipal Election Page 2 June 13, 2022
• Council Member Rushing was appointed April 2021 to fill the remaining two-year term of former Council Member Mariam Shah who resigned in March 2021. Council Member Rushing resides in District 2.
• Mayor Lee was re-elected to the office of Mayor in November 2020. Due to term limits of no more than two consecutive terms pursuant to GBMC Section 2304 (Attachment 4), the incumbent is ineligible to run for re-election in 2022.
Nomination Process for Candidates for Elective Office
Office of Council Member - The nomination period for candidates running for the office of Council Member is Monday, July 18 through Friday, August 12, 2022. If an incumbent does not file nomination papers and qualify by the close of the nomination period, the filing period extends (for non-incumbents only) for five (5) days pursuant to state law.
Office of Mayor - The nomination period for candidates running for the office of Mayor is Monday, July 18 through Friday, August 12, 2022.
FISCAL IMPACT
Estimated costs for the November 2022 General Municipal Election are $21,000 and are included in the proposed 2022-23 budget. By consolidating the election with other jurisdictions in the County, the City's costs are significantly reduced. A majority of election costs are not reimbursable; however, full cost recovery is authorized for Candidate Statements. If a candidate chooses to have a Candidate's Statement printed in the County’s sample ballot booklet, the City requires an initial deposit at the time a candidate submits his/her Nomination Papers. Candidates are then invoiced (or sent a refund) after the County calculates the share of costs for printing/mailing of the sample ballots for each agency and candidate.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the Resolutions as submitted;
2. Amend the Resolutions, provided all requirements of the Elections Code are met, and adopt the Resolutions as amended; or
3. Do not adopt the Resolutions and provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A Notice of Election will be published in New Times pursuant to the timeline prescribed in the Elections Code.
Attachments
1. Resolution - Calling and giving notice of the election;
2. Resolution - Requesting that the County Board of Supervisors consolidate the City’s General Municipal Election with the Statewide General Election; and
3. Resolution - Adopting regulations for candidates governing submittal of a Candidate’s Statement.
Staff Report: Resolutions for the 2022 General Municipal Election Page 3 June 13, 2022
4. GBMC Section 2304 – Term Limits, and
GBMC Section 2350 – Date of General Municipal Election
5. District Map
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 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 Tuesday, November 8, 2022 for the election of Municipal Officers.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 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 Grover Beach, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing an Mayor “at-large” for the full term of two (2) years and two (2) Members of the City Council from District 1 and District 2 for the full term of four (4) years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the Office of the 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.
SECTION 4. That the polls for the election shall be open at such hours and on such days as determined by the San Luis Obispo County Clerk-Recorder (Registrar of Voters), provided that the opening and closure of voting sites is conducted in accordance with Sections §10242 and §14401 of the Elections Code of the State of California.
SECTION 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.
SECTION 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 time, form and manner as required by law.
SECTION 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 San Luis Obispo County ClerkRecorder, the City Council, in accordance with Election Code §15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Attachment 1
Resolution No. 22-__ Page 2
SECTION 9. The City Council authorizes the San Luis Obispo County Clerk-Recorder 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 by Council Member ________, seconded by Council Member _________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 13th day of June 2022.
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Grover Beach called a General Municipal Election to be held on Tuesday, November 8, 2022 for the purpose of electing a Mayor (at-large) for the full term of two (2) years, and two (2) Members of the City Council the full term of four (4) years for District 1 and District 2; 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 election department 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, THERFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections 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 8, 2022, for the purpose of electing a Mayor (at-large) for the full term of two years, and two Members of the City Council for the full term of four years for District 1 and District 2; and
SECTION 2. That the San Luis Obispo County Clerk-Recorder Elections Division 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.) The Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section §10418 of the Elections Code.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Division to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Grover Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for electionrelated costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the San Luis Obispo County Elections Division.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Attachment 2
Resolution No. 22-__ Page 2
On motion by Council Member ___________, seconded by Council Member _______, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 13th day of June 2022.
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statements.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 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 Grover Beach on Tuesday, November 8, 2022, may prepare a candidate’s statement 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 candidate’s education and qualifications 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.
The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. In addition, the City Clerk shall request that candidates submit their statement in electronic format immediately before or after filing nomination papers, with the goal of improving efficiency in typesetting the statement and assuring fidelity in reproduction of the statement.
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.
SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required, by the County of San Luis Obispo.
SECTION 3. PAYMENT.
A. Translations: The candidate shall be required to pay for the cost of translating the Candidate’s Statement into any foreign language that is not required pursuant to federal and/or state law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate’s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate’s statement in a foreign language as requested by the candidate per Section 2 above in the main voter pamphlet.
Attachment 3
Resolution No. 22-__ Page 2
3. The candidate shall be required to pay in advance to the City of Grover Beach his or her estimated pro rata share (as established in the current Master Fee Schedule) as a condition of having his or her statement included in the voter pamphlet. The estimate is just an approximation of the actual cost 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 City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall refund the excess amount paid within thirty (30) days of receipt of the final invoice from the County of San Luis Obispo.
SECTION 4. MISCELLANEOUS. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
SECTION 8. 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 by Council Member ___________, seconded by Council Member ___________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 13th day of June 2022.
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
Grover Beach Municipal Code
Article II, Chapter 3
Sec. 2304. Term Limits. A member of the City Council may only serve two consecutive terms in that position. If the City has an elected mayor, an elected mayor may only serve two consecutive terms in that position. The two positions (Council Member and elected mayor) are separate and an individual can serve two consecutive terms in one position and then two consecutive terms in the other. If a person is elected to the office of City Council and because of a vacancy in the office of an elected mayor, such person is appointed to fill the unexpired term of an elected mayor, such Council Member shall be deemed to be serving just the term of a City Council Member. However, if a person should be elected to the office of City Council and part way through his or her term as a member of the City Council, such person is elected mayor, then such person shall be deemed to have served his or her full term as a City Council Member upon acceptance of the office of elected mayor.
Even if a person has already served two consecutive terms in one position, such person may serve another two consecutive terms if at least twenty-three months have passed since such person last served in that same position. (Approved by electorate on November 5, 1996, pursuant to Resolution No. 96-46; Am. Ord. No. 08-05.)
Sec. 2350. Date of General Municipal Election. The City's General Municipal Election shall be held on the same day as, and consolidated with, the Statewide General Election on the first Tuesday after the first Monday of November in each even-numbered year. (Ord. No. 83-6) Attachment 4
3 2
4 1
Pismo State
Beach
Pismo State
Beach Golf
Course
Mentone Basin
Park
16th Street Park
Grover Heights
Park
Costa Bella Park
Ramona Garden
Park
Cabril
o
Hwy
Margarita Ave
HHuston St
u
b
er St S 4th St
N 4th St
El Cam Real
Grand Ave
Front St
Oak Park Blvd
16th
St
Anita Ave
Newport Ave
N
1st
St
N 2nd St
Ocean View Ave
13th
St Ramona Ave
Beckett Pl
Highland Way
N
8th St
Nacimiento Ave
N
5th St
N
3rd
St
Baden Ave
Mira
Mar
Ct
Laguna Ct
Park Ln
S
an
S
or e
nto
Ct S
O
a
k
P
ark
Blvd
The Pike
N 13th
St
Park View Ave
S
1 6th
St
T
a
n
n
er Ln
Messina
Ct
B
arc
a
St
Mentone Ave Lyn
e
St
Calvin Ct
P
ark Dr
S
3rd
St Saratoga Ave S 5th St
Ritchie Rd
C
o
urtlan
d
St
Atlantic City Ave
N
6th
St Longbranch Ave
Rockaway Ave
N
7th
St S 10th
St N
9th
St S 14th
St Brighton Ave
B
alb
o
a
St Seabright Ave
N 10th
St S 11th
St Nice Ave
Trouville Ave
C
a
pitola
St Shanna Pl
Saint John Cir
Farroll AveDriftwood St
Stinso
n
Ct D
ove
r
Ct
S 6th
St Manhattan Ave S 8th St
S
7th
St S
9th
St Total Population Deviation: 9.5%
Most Latino District: 3 (30% CVAP)
City of Grover Beach
2021/22 Transition to
District Elections
National Demographics Corp., Jan. 14, 2022
Proposed Election Sequence:
2022: Districts 1 & 2
2024: Districts 3 & 4
Plan 901
©2021 CALIPER
Attachment 5
Category Field 1 2 3 4 Total
Total Population 3,271 3,348 3,075 3,045 12,739
Population Deviation 86 163 -110 -140 303
Pct. Deviation 2.70% 5.12% -3.45% -4.40% 9.51%
Hispanic/Latino 26% 28% 40% 31% 31%
NH White 62% 60% 48% 57% 57%
NH Black 1% 2% 2% 1% 1%
NH Asian/Pac.Isl. 6% 7% 7% 7% 7%
NH Native Amer. 2% 2% 2% 2% 2%
Total 2,233 3,028 2,398 2,301 9,960
Hisp 17% 17% 30% 18% 21%
NH White 73% 74% 55% 78% 70%
NH Black 3% 4% 1% 0% 2%
Asian/Pac.Isl. 7% 5% 13% 4% 7%
Native Amer. 0% 2% 2% 2% 1%
Total 2,203 2,215 1,758 1,998 8,174
Latino est. 18% 16% 25% 22% 20%
Spanish-Surnamed 17% 15% 23% 21% 19%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,829 1,867 1,420 1,694 6,810
Latino est. 15% 15% 22% 20% 18%
Spanish-Surnamed 15% 15% 21% 19% 17%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,312 1,328 940 1,187 4,767
Latino est. 11% 13% 18% 17% 15%
Spanish-Surnamed 11% 13% 18% 17% 14%
Asian-Surnamed 2% 2% 2% 1% 2%
Filipino-Surnamed 1% 1% 2% 2% 2%
NH White est. 83% 78% 75% 79% 79%
NH Black est. 1% 4% 1% 0% 2%
age0-19 18% 22% 33% 21% 24%
age20-60 53% 57% 52% 51% 53%
age60plus 29% 21% 15% 28% 22%
immigrants 14% 8% 7% 8% 9%
naturalized 59% 50% 53% 48% 53%
english 92% 86% 63% 84% 80%
spanish 5% 9% 29% 14% 15%
asian-lang 2% 1% 7% 2% 3%
other lang 1% 4% 0% 0% 1%
Language Fluency Speaks Eng. "Less than
Very Well" 3% 1% 16% 5% 7%
hs-grad 52% 51% 58% 47% 52%
bachelor 19% 21% 18% 26% 21%
graduatedegree 12% 13% 8% 10% 11%
Child in Household child-under18 20% 25% 42% 27% 29%
Pct of Pop. Age 16+ employed 62% 72% 60% 68% 66%
income 0-25k 12% 14% 13% 18% 14%
income 25-50k 19% 15% 25% 24% 20%
income 50-75k 21% 20% 30% 14% 21%
income 75-200k 46% 42% 31% 31% 37%
income 200k-plus 2% 8% 2% 13% 6%
single family 82% 66% 67% 73% 72%
multi-family 18% 34% 33% 27% 28%
rented 36% 54% 59% 43% 49%
owned 64% 46% 41% 57% 51%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Grover Beach - Plan 901
2020 Census
Total Pop.
Citizen Voting Age Pop
Housing Stats
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).
Voter Turnout
(Nov 2018)