HomeMy WebLinkAbout1/13/2026 Item 7b, Dietrick and Zion - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: January 13, 2026
TO: Mayor and Council
FROM: Christine Dietrick, City Attorney
Prepared By: Sarah Zion, Legal Assistant
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7b – INTRODUCE AN ORDINANCE ESTABLISHING CITYWIDE
SINGLE VOTE FOR COUNCIL ELECTIONS IN 2026 AND SUBSEQUENT
ELECTIONS
Because the ordinance includes both procedural and implementation details, out of an
abundance of caution, staff are recommending the standard timeline for introduction and
adoption be followed. To that end, the attached legislative draft has been changed to
reflect introduction January 13, 2026, and final adoption January 20, 2026.
Also, staff received questions related to this agenda item. A legislative draft of the
recommended resolution reflecting corrections referenced below is attached and
additional responses are below:
1. On page 504, there is reference to a presentation with the Latino Outreach
Council explaining the new voting process. Where can that presentation be
found?
Link to webpage: https://www.slocity.org/government/municipal-elections
Direct link to video: https://youtu.be/0PvaMtv21ag?si=CdMWYQSX2ulJFm_H
2. On page 505, it explains that $120,000 has been set aside in the current
financial plan for community outreach and engagement ($90,000 in Fiscal
Year 2025-26 and $30,000 in Fiscal Year 2026-27). How much of the $90,000
for this year has been spent and for what activities?
Approximately $10,000 has been paid to Tripepi Smith to develop a
comprehensive communications and outreach plan, which will be implemented in -
house from January through October 2026. Staff will present an overview of the
plan at the City Council meeting on January 20th and share how the remain ing
$110,000 allocated to this effort is expected to be spent.
Additionally, staff also identified the following errors to be corrected:
Insert Report Title Page 2
Paragraph 1e of Findings in Section 1 should be corrected to read as follows
(also see legislative draft ordinance):
“The regulations adopted herein are intended to be and shall be applied and
interpreted, as directed by the City Council of the City of San Luis Obispo , by the
City Clerk/Elections Official, the County Registrar of Voters/County Elections
Official (to the extent authorized by the County Board of Supervisors pursuant to
Elections Code Section 10002), and/or any other elections official or personnel
administering City of San Luis Obispo Council elections by or on behalf of the City
of San Luis Obispo.”
In Section 2.38.010 “Purpose”, there is an extra space after the word “time”
and should be corrected to:
“…as it currently exists or may hereafter be amended from time to time, referred
to as “Stipulated Judgment”, herein).” (emphasis added)
In Section 2.38.060, “Liberal Construction and Severability”, the word “a”
should be removed, and the sentence should be corrected to:
“…No error, omission or irregularity shall invalidate an election if there has been
substantial compliance with this chapter as determined by the City Council….”
(emphasis added)
ATTACHMENT
A – Revised Draft Ordinance adopting Citywide Single VOte
O ______
ORDINANCE NO. _____ (2026 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 2.38, TITLED “CITYWIDE
SINGLE VOTE METHOD OF ELECTING CITY COUNCILMEMBERS” TO
THE SAN LUIS OBISPO MUNICIPAL CODE, IMPLEMENTING A NEW
METHOD FOR ELECTIONS OF CITY COUNCILMEMBERS AND
ADOPTING REGULATIONS PROVIDING FOR THE ADMINISTRATION
OF CITY COUNCIL ELECTIONS BY CITYWIDE SINGLE VOTE
BEGINNING IN NOVEMBER 2026
WHEREAS, the City of San Luis Obispo is a charter city duly established by the
voters of the City of San Luis Obispo pursuant to Article XI of the Constitution of the State
of California, and governed by its duly adopted Charter, including Article III (“Elections”)
and Article IV (“The Council”); and
WHEREAS, pursuant to the California Constitution, Charter cities have broad
plenary powers to make and enforce all ordinances and regulations regarding municipal
affairs, which supersede any conflicting state laws that may otherwise apply to municipal
affairs; and
WHEREAS, the California Constitution, Article XI, Section 5(b) expressly and
specifically establishes “conduct of city elections” as a municipal affair over which the City
has plenary constitutional authority to regulate “…the manner in which, the method by
which, the times at which, and the terms for which the several municipal officers and
employees whose compensation is paid by the city shall be elected or appointed ”; and
WHEREAS, the San Luis Obispo City Charter, Section 402 provides that “The
Council Members shall be elected at the general municipal election from the City at large,
two being selected biennially”; and
WHEREAS, on February 17, 2023, the Southwest Voter Registration Education
Project (“SVREP”) served the City with a letter asserting that the City’s existing at -large
election system may violate the California Voting Rights Act (CVRA), Elections Code
sections 14025 et. seq. and demanding that the City transition to district elections, which
are not provided by the City Charter; and
WHEREAS, following settlement negotiations, the City and SVREP entered into
Pre-Litigation settlement agreement and a Stipulated Judgment in San Luis Obispo
County Superior Court, Case No. 24CV-0797, requiring the City to transition to a new
election method known as “Citywide Single Vote”, which is consistent with the City Charter
and within the remedial authority of the superior court pursuant to California Elections
Code Section 14029 (see Pico Neighborhood Assn. v. City of Santa Monica (2023) 15
Cal.5th 292); and
Ordinance No. _____ (2026 Series) Page 2
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WHEREAS, pursuant to the Stipulated Judgment, beginning with the November
2026 election, the City shall implement a new method for the election of City
Councilmembers utilizing Citywide Single Vote, whereby each voter in the 2026 City
Council election, in order to elect the two City Council seats, will cast a single vote for City
Council, and the two candidates receiving the highest number of single votes will be
elected; and
WHEREAS, the City Council has determined it to be necessary and efficient to
adopt an ordinance formally providing for the establishment and implementation of
Citywide Single Vote.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The recitals set forth hereinabove are hereby adopted as
the findings of the City Council and the City Council makes the following additional
findings of fact, and interpretations of City Charter and Municipal Code, in support of its
adoption of this Ordinance:
a) Implementation of the Citywide Single Vote method of elections for San Luis
Obispo City Councilmembers is consistent with the City Charter’s requirement
that Councilmembers be elected “at-large” and does not require a Charter
amendment.
b) San Luis Obispo City Charter Section 301 provides that, “Unless otherwise
provided by ordinance hereafter enacted, all elections shall be held in
accordance with the provisions of the Elections Code of the State of California,
as the same now exists or may hereafter be amended” (emphasis added);
c) San Luis Obispo Charter Section 301, and the California Constitution,
expressly authorize the City Council to adopt ordinances providing for the
conduct of its local municipal elections in a manner and pursuant to regulations
that differ from otherwise applicable provisions of the California Elections Code.
d) Adopting an ordinance providing for the implementation and administration of
Citywide Single Vote and codifying this ordinance in the Municipal Code
advances public transparency, compliance with the Stipulated Judgment, and
clarity for voters, candidates, and election officials as to the manner and
method of election of San Luis Obispo City Councilmembers and the direction
of the Council as to applicable regulations for the conduct of elections for San
Luis Obispo City Councilmembers under the Citywide Single Vote election
method.
e) The regulations adopted herein are intended to be and shall be applied and
interpreted, as directed by the City Council of the City of San Luis Obispo, by
the City Clerk/Elections Official, the County Registrar of Voters/County
Ordinance No. _____ (2026 Series) Page 3
O ______
Elections Official (to the extent authorized by the County Board of Supervisors
pursuant to Elections Code Section 10002), and/or any other elections official
or personnel administering City of San Luis Obispo Council elections by or on
behalf of the City of San Luis Obispo.
SECTION 2. Addition to Municipal Code. Chapter 2.38, “CITYWIDE SINGLE
VOTE METHOD OF ELECTING CITY COUNCIL MEMBERS” is hereby added to the San
Luis Obispo Municipal Code to read as follows:
Chapter 2.38
CITYWIDE SINGLE VOTE METHOD OF ELECTING CITY COUNCIL
MEMBERS
Section. 2.38.010 - Purpose
Section. 2.38.020 - City Council Elections by Citywide Single Vote Established
Section. 2.38.030 - Mayor to Remain Separately Elected
Section 2.38.040 - Ballot Format and Instructions to Voters
Section 2.38.050 - Authority as a Charter City
Section 2.38.060 - Liberal Construction and Severability
Section 2.38.070 City Council Clarification or Technical Modification
Section. 2.38.010 Purpose.
The purpose of this chapter is to establish and provide the means and methods for
administration for the Citywide Single Vote election method for the election of City
Councilmembers, consistent with the California Constitution, Article XI, the City Charter
Articles III and IV, the California Voting Rights Act (Elections Code §§ 14025 et seq.),
and the Stipulated Judgment entered in Southwest Voter Registration Education Project
v. City of San Luis Obispo (San Luis Obispo Superior Court Case No. 24CV-0797, as it
currently exists or may hereafter be amended from time to time, referred to as
“Stipulated Judgment”, herein).
Section. 2.38.020 City Council Elections by Citywide Single Vote Established.
A. Notwithstanding any law to the contrary, beginning with the November 2026
general municipal election, and for all subsequent elections, unless subsequently
modified by Charter amendment, court order, or Council action pursuant to this
chapter and the Stipulated Judgment, elections for City Councilmembers shall be
conducted using Citywide Single Vote, as set forth in this section.
B. The method of election for City Councilmembers shall be Citywide Single Vote as
follows:
1. Each qualified voter in the City shall be entitled to cast one vote for one
candidate from the group of qualified candidates for City Council.
2. The two candidates receiving the highest number of votes shall be elected.
Ordinance No. _____ (2026 Series) Page 4
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Section. 2.38.030 Mayor to Remain Separately Elected.
There shall be no changes to the manner and method of election of the Mayor. Pursuant
to City Charter Sections 402 and 404, the Mayor shall continue to be elected at-large by
all City voters every two years, for a two-year term, and each qualified voter shall be
entitled to cast one vote for Mayor.
Section 2.38.040 Ballot Format and Instructions to Voters.
A. Notwithstanding any law to the contrary, for City Council elections, the ballots
shall be printed as follows:
1. The group of candidates to be voted on shall be preceded by the designation
of office for which they seek election, stated as “San Luis Obispo City Council
Member”
2. Following the designation of office to be voted on, but preceding the group of
candidates for the office, the ballot shall include the instruction “vote for only
one”
3. Under the group of candidates shall be printed one blank space, defined by a
light line, so as to permit one write-in candidate as an alternative to selecting
a candidate from the group listed on the ballot.
B. The City shall prepare materials for the official voter information guide to be
presented to the elections official responsible for administration of the City
Council election, whether separate or consolidated, that explain the Citywide
Single Vote method of voting, including the limitation to vote for one candidate,
that the two candidates receiving the most single votes will be elected, and that
voting for more than one candidate will result in an “overvote” and will preclude
the ballot with an overvote from being counted.
Section 2.38.050 Authority as a Charter City.
Pursuant to its authority as a Charter City, this Chapter is intended to and shall govern
the presentation of candidates and voter instructions for San Luis Obispo City Council
municipal elections, notwithstanding Elections Code Section 13210 or any other
elections statute or regulation that would otherwise govern the subject matter of a City
Council election, or that may conflict with this Chapter or otherwise interfere with or
preclude the conduct of the Citywide Single Vote method of electing City
Councilmembers as provided by this Chapter.
Section 2.38.060 Liberal Construction and Severability.
This chapter shall be liberally construed to promote its objects and the intention and
direction of the City Council to implement and support the administration of its City
Ordinance No. _____ (2026 Series) Page 5
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Council elections by the Citywide Single Vote method of election. No error, omission or
irregularity shall invalidate an election if there has been substantial compliance with this
chapter as determined by the City Council. If any section, subsection, sentence, or
clause of this ordinance is for any reason held invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 2.38.070 City Council Clarification or Technical Modification.
The City Council may, by ordinance or resolution, provide such clarification, technical or
procedural modification, or minor wording changes as may be deemed necessary or
convenient to support and facilitate the administration of the Citywide Single Vote
method of City Council elections, in consultation with the elections official administering
City Council elections.
Ordinance No. _____ (2026 Series) Page 6
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SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 13th day of January, 2026, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 20th day of January, 2026, on the
following vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk