Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 15, 2024 FROM: Robert Lomeli, City Attorney
PREPARED BY: Robert Lomeli, City Attorney
SUBJECT: Citizen Initiative to Require the Office of City Clerk to be an Elected Position
RECOMMENDATION
Receive a presentation on a citizen initiative to require the office of City Clerk to be an elected position and consider potential action pursuant to California Elections Code.
BACKGROUND
Elected City Clerk Initiative
On March 14, 2024, the City received a Notice of Intention to Circulate Petition from Grover H2O for a proposed local ballot measure to require the City Clerk to be an elected position ("Measure").
Accompanying the Measure was a request to prepare a Ballot Title and Summary. The City Clerk's office immediately transmitted that request to the City Attorney's office in accordance with Elections Code Section 9203, subdivision (a).
The City Attorney prepared and provided the Ballot Title and Summary within the required 15-day timeframe. The Notice of Intention and Ballot Title and Summary were subsequently published as required by law. After the required publication period, Grover H2O was permitted to circulate petitions to gather signatures with a six-month timeframe as prescribed by the Elections Code.
On September 25, 2024, Grover H20 submitted petitions for the Measure to the City Clerk’s office.
Signature Validation and Certification Process
To ensure transparency and avoid any potential allegations of malfeasance, the City recognized a conflict of interest in having the current appointed City Clerk, who acts as the City's election official, validate signatures and certify a petition that directly impacts the City Clerk position. As a result, the City contracted with the City of San Luis Obispo to have their Deputy City Clerk perform the validation of signatures and provide certification for this initiative. The cost of this work totaled approximately $1,000 in staff time. This validation process was done the week of October 7 at the request of the County Clerk’s Office given workload impacts from impending submission of election ballots.
On October 8, 2024, the City of San Luis Obispo, acting on behalf of the City, certified that the petition contained the requisite number of valid signatures as shown in Attachment 1. To qualify for the ballot, the petition needed to have at least 10% of registered voters in Grover Beach or 779 signatures and ultimately had 783 valid signatures out of 912 signatures submitted.
Staff Report: Citizen Initiative to Require the Office of City Clerk to be an Elected Position Page 2 October 15, 2024
Current City Clerk Position
Currently, the office of the City Clerk in Grover Beach is an appointed position. The City Clerk has been an appointed position since the City's incorporation in 1959, a practice the City shares with all cities in San Luis Obispo County. Of the 483 cities in California, 338 or approximately 70% have appointed City Clerks and there has been a trend over time of cities moving away from elected City Clerk positions to appointed positions. This approach enables cities to openly recruit individuals who have the technical qualifications and skills necessary for this appointed role to best serve the needs of the City.
Proposed Changes
The proposed initiative would change the office of City Clerk from an appointed position to an elected one. Key points of the initiative include:
1. The City Clerk would become an elected position.
2. Within 90 days of the adoption of the Measure, the City Council would be required to call a special election to fill the office of City Clerk until the next succeeding General Municipal Election.1
3. At the next succeeding General Municipal Election, the election for City Clerk would be for a full four-year term of office.
4. Subsequent elections for City Clerk would be held every four years thereafter.
The qualifications required for an elected City Clerk would be that the candidate must be at least 18 years of age, a registered voter of the City, and a resident of the City.
Council Action
Pursuant to California Elections Code Section 9215, the Council must now take one of the following actions:
1. Adopt the proposed ordinance, without alteration, thus changing the City Clerk position from appointed to elected (See Attachment 2);
2. Adopt a resolution calling an election to submit the initiative measure to the voters at the next general municipal election on November 3, 2026, and direct that the City Attorney prepare an impartial analysis of the initiative (See Attachment 3);
3. Direct City staff to provide a report, as specified in Elections Code Section 9212, and direct that the City Attorney also prepare an impartial analysis of the initiative. Such a report would then be required to be presented to the Council within 30 days, on or before November 14, 2024. Upon presentation of the report to the Council, the Council must then either adopt the ordinance within 10 days or submit the proposed Initiative Measure to the voters at the general municipal election on November 3, 2026. 1 The current estimated cost for the City to hold a special election is at least $300,000 based on cost estimates provided by the County Clerk’s Office.
Staff Report: Citizen Initiative to Require the Office of City Clerk to be an Elected Position Page 3 October 15, 2024
Timeline Analysis
Below is a summary of the complex timeline implications of this initiative:
1. Initial Vote on the Initiative:
a. According to Grover Beach Municipal Code section 2350, the City's General Municipal Election is held on the same day as the Statewide General Election, which occurs on the first Tuesday after the first Monday of November in even-numbered years. The next such election is scheduled for November 3, 2026.
b. Unless the City Council specifically calls for a special election, the initiative must be placed on the November 3, 2026 ballot, as per Elections Code section 1405(a).
2. Special Election Provision:
a. The initiative's special election provision only takes effect after the initiative is adopted by voters. It does not affect the initial voting timeline for the initiative itself. b. If the initiative passes in the November 2026 election, the 90-day clock for calling a special election to fill the City Clerk position would start from the date the voting results are declared/certified by the legislative body, which would likely occur in midNovember 2026.
3. Potential Timeline if Initiative Passes:
a. Assuming the vote is declared within a week of the election, the initiative would go into effect around mid-November 2026.
b. The special election to fill the City Clerk position must be called by mid-February 2027 (90 days after adoption).
c. The special election must be held on the next lawfully available established election date, which would be March 7, 2027.
d. To comply with Elections Code section 1405(b), which requires a special election to occur between 88 and 103 days from when it is called, the City Council would need to call the election between November 24, 2026, and December 9, 2026.
This timeline analysis demonstrates that even if the Council decides to place the initiative on the ballot, the actual implementation of an elected City Clerk position, if approved by voters, would not occur until early 2027 at the earliest.
FISCAL IMPACT
The fiscal impact of adopting this measure or placing it on the ballot has not yet been fully analyzed. If the Council chooses to order a report under option 3, above, a detailed fiscal analysis would be included in that report. Potential fiscal impacts to consider include:
Staff Report: Citizen Initiative to Require the Office of City Clerk to be an Elected Position Page 4 October 15, 2024
1. Costs associated with holding elections for the City Clerk position every four years.
2. Potential changes in compensation and benefits for an elected City Clerk compared to an appointed one.
3. Costs associated with training and professional development of a potentially less experienced elected City Clerk.
4. Potential inefficiencies or additional staffing needs if an elected City Clerk does not possess the necessary qualifications or experience.
5. Costs associated with holding a special election in March 2027 if the initiative passes in November 2026. It is estimated that this special election would cost at least $300,000 as noted earlier.
Beyond the ongoing costs, the estimated $300,000 minimum cost for the potential special election in March 2027 if the initiative passes represents a significant one-time expense that will need to be factored into the City's upcoming two-year budget. This funding would come from the General Fund which is also used to fund most City services and many capital improvement projects. Staff would also note that the actual cost in 2027 may be higher as the $300,000 estimate is based on current estimates which could increase in three years.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the proposed ordinance, without alteration, thus changing the City Clerk position from appointed to elected; or
2. Adopt a resolution calling an election to submit the initiative measure to the voters at the next general municipal election on November 3, 2026, and direct that the City Attorney prepare an impartial analysis of the initiative; or
3. Refer the proposed initiative measure to City staff for a report, as specified in Elections Code Section 9212, to be presented within 30 days, and direct the City Attorney to prepare an impartial analysis of the initiative.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Certification of Sufficiency of Initiative Petition
2. Draft Ordinance for Adoption of Initiative
3. Draft Resolution Calling for Election and Ordering Impartial Analysis Office of the City Clerk
990 Paln Street, San Luis 0bispo, CA 93401 -321 B
805.781.7100
slocity.org
CERTIFICATE OF SUFFICIENCY OF PETITION
l, Megan Wilbanks, Deputy City Clerk of the City of San Luis Obispo, County of San Luis Obispo, State of California, hereby certify that:
The petition entitled'lNlTlATlVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS; A Citizen's lnitiative Measure to Require that the City Clerk be an Elected Position" was filed with the Grover Beach City Clerk Department on September 25,2024; and That each section contains signatures purporting to be signatures of qualified electors of the City of Grover Beach, California; and
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; and
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that Section, that all of the signatures were made in his or her presence, and that to the best of his or her own information and belief, each signature to that section was the genuine signature of the person whose name it purports to be; and
That after the proponents filed this petition and based on the County of San Luis Obispo Registrar of Voters' Signature Verification Certificate, attached hereto, I have determined the following facts regarding this petition:
1. Total number of signatures filed by proponent raw count 2. Total number of signatures verified 3. Number of signatures found sufficient 4. Number of signatures found insufficient
5. Number of signatures insufficient because of duplication
6. Total number of signatures required
912
912
783
129
35 779
Based on the above, the petition is deemed to be sufficient lN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo this 9th day of October 2024
Megan Wilbanks, Deputy City Clerk
City of San Luis Obispo
NI,
C)
+
Attachment:
County of San Luis Obispo Registrar of Voters' Signature Verification Certificate Attachment 1
ffi Petiti o n Resulf B reakdown
Signatures Required
Raw Count
Sample Size
Sigs Checked
Sigs Not Checked
Sigs Valid
Sigs lnvalid
Duplicated
Non-duplicate lnvalids
779
912
912
912
0 783
129
35 94
Percenl ofSrgs
Checked
85.9 %
14.1%
3.8%
10.o%
Percent of
Samp/e Sze
0.0%
85.9 %
14.1%
3.8%
10.3%
Approved
NotReg
RegDiffAdd
SigNoMatch
Duplicate
lllegible
Declncmp
\Mthdrawn
Approved
Not Registered
Registered at a DifferentAddress
Signatures Don't Match
Signed more than once
lllegible signer information
Declaration lncomplete
Wthdrdwn
783
38 18
20 35
2 14
2 85.9%
4.2%
2.0%
2.2%
3.8%
0.2%
1.5%
0.2%
Pages Processed
Total Checked
Uncorrected Valid
Duplicate Adjustment
Estimated Valid
140
9',12
783
0 783
100.0 %
100.0 %
85.9 %
117.1 %
100.5 % Min Required {95%):
Min Required to pass
Based on Sample (110%):
740.1
856.9
85.9 % 100.s %
PCMRO12 - Petition Result Breakdown
Printed: 10/8/2024 2:41:27PM
ORDINANCE NO. 24-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, ADOPTING THE PROVISIONS OF AN INITIATIVE MEASURE
REQUIRING THAT THE OFFICE OF CITY CLERK BE AN ELECTED POSITION WHEREAS, On December 28, 1959, the City Council of the City of Grover Beach (then Grover City) approved and adopted Resolution No. 1, appointing a City Clerk to ensure that the affairs of the City would be properly administered;
WHEREAS, on March 14, 2024, the proponents of the initiative measure submitted a Notice of Intention to Circulate Petition for a proposed ballot measure to require that the Office of the City Clerk be an elected position;
WHEREAS, on September 25, 2024, the proponents of the initiative to require that the Office of the City Clerk be an elected position submitted petition signatures to the City Clerk, which signatures the City Clerk accepted;
WHEREAS, on October 8, 2024, the City Clerk for the City of San Luis Obispo certified that the initiative petition qualified with the requisite number of sufficient valid signatures; WHEREAS, on October 15, 2024, the City Council accepted the Certificate of Sufficiency of the Initiative Petition issued by the City Clerk of San Luis Obispo; and WHEREAS, California Constitution Article II, Section 10 and California Elections Code section 9217 authorize the City Council to adopt without alteration the proposed initiative measure to require that the Office of the City Clerk be an elected position.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Office of the City Clerk shall be an elected position. This measure supersedes and repeals any prior question approved by voters designating the office as appointive.
SECTION 2. The City Clerk shall be the city elections official having jurisdiction over elections and related matters within the city.
SECTION 3. Within ninety days of the adoption of this Measure, the City Council shall call a special election to be held on the next lawfully available established election date pursuant to Chapter 4 of Division 1 of California Elections Code, which may be consolidated with any other election as provided by law, to fill the office of City Clerk until the next succeeding General Municipal Election.
SECTION 4. At the next succeeding General Municipal Election referenced in Section 3 of this Measure, the election for City Clerk shall be for a full four-year term of office. The election of the City Clerk shall be held every four years thereafter as provided by law.
SECTION 5. This measure may not be amended, except upon voter approval.
Attachment 2
SECTION 6. Each provision of this ordinance is severable, and the invalidity of any section or part thereof shall not affect the validity of its other provisions.
INTRODUCED at a regular meeting of the City Council held on October 15, 2024 and PASSED, APPROVED, and ADOPTED by the City Council on the October 15, 2024, on the following roll call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
ROBERT LOMELI, CITY ATTORNEY
**DRAFT**
RESOLUTION NO. 24-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2026, AN
INITIATIVE MEASURE REQUIRING THAT THE OFFICE OF CITY CLERK
BE AN ELECTED POSITION
WHEREAS, the City Council of the City of Grover Beach will call a General Municipal Election to be held in the City of Grover Beach on Tuesday, November 3, 2026; WHEREAS, an initiative petition requiring the Office of the City Clerk be an elected position (hereinafter referred to as “Initiative Measure” or “Initiative Petition”) has been submitted to the City in accordance with the requirements of the California Elections Code;
WHEREAS, on October 15, 2024, the City Council accepted the Certificate of Sufficiency of the Initiative Petition issued by the City Clerk of San Luis Obispo; WHEREAS, on October 15, 2024, the City Council voted to submit to the electors of the City of Grover Beach the Initiative Measure at the general municipal election, scheduled on November 3, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, DOES DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Initiative Measure Submitted to Voters at General Municipal Election. A regularly scheduled general municipal election shall be called for the City of Grover Beach to be held on Tuesday, November 3, 2026. The following question is submitted to the voters at the election:
CITY OF GROVER BEACH
INITIATIVE MEASURE _____
Shall the current appointive Office of the City
Clerk be required to be an elected position?
YES
NO
Attachment 3
SECTION 2. Adoption of Measure. The full text of the measure to be submitted to the voters is as follows:
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
TO REQUIRE THE OFFICE OF THE CITY CLERK TO BE AN ELECTED
POSITION
THE PEOPLE OF THE CITY OF GROVER BEACH DO ORDAIN AS
FOLLOWS:
SECTION 1. The Office of the City Clerk shall be an elected position. This measure supersedes and repeals any prior question approved by voters designating the office as appointive.
SECTION 2. The City Clerk shall be the city elections official having jurisdiction over elections and related matters within the city.
SECTION 3. Within ninety days of the adoption of this Measure, the City Council shall call a special election to be held on the next lawfully available established election date pursuant to Chapter 4 of Division 1 of California Elections Code, which may be consolidated with any other election as provided by law, to fill the office of City Clerk until the next succeeding General Municipal Election.
SECTION 4. At the next succeeding General Municipal Election referenced in Section 3 of this Measure, the election for City Clerk shall be for a full four-year term of office. The election of the City Clerk shall be held every four years thereafter as provided by law.
SECTION 5. This measure may not be amended, except upon voter approval.
SECTION 6. Each provision of this ordinance is severable, and the invalidity of any section or part thereof shall not affect the validity of its other provisions.
If a majority of qualified electors voting on such measure shall vote in favor of City of Grover Beach Initiative Measure “____”, it shall be deemed ratified and shall read as provided above.
SECTION 3. Notice of Election. Notice of the time and place of holding the election is hereby 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 4. Impartial Analysis. The City Council hereby directs the City Clerk to transmit a copy of the City Attorney’s prepared impartial analysis of the measure, showing the effect of the measure on the existing law and the operation of the measure, and to provide such as required to the San Luis Obispo County Registrar of Voters.
SECTION 5. Ballot Arguments. Arguments in favor of or against the measure shall be submitted within the timelines proscribed within California Elections Code section 9286.
SECTION 6. Rebuttal Arguments. Rebuttal arguments shall be controlled by the provisions of Elections Code section 9285.
SECTION 7. Duties of City Clerk. The Grover Beach City Clerk shall do all things required by law to effectuate the November 3, 2026, general municipal election, including but not limited to causing the posting, publication and printing of all notices or other election materials under the requirements of the California Elections and Government Codes.
SECTION 8. Non-substantive Changes. The City Attorney is authorized to make any non-substantive changes and/or to correct minor administrative, procedural and clerical errors necessary to ensure the initiative measure is placed on the ballot for the November 3, 2026, general municipal election.
SECTION 9. Transmittal of Resolution. The City Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors and Registrar of Voters of the County of San Luis Obispo.
On motion by ____________, second by ____________, 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 15th day of October 2024.
________________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK