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HomeMy WebLinkAboutItem 5d - 2nd Reading of O-1754 Implementing Citywide Single Vote for City Council Election. Item 5d Department: Attorney Cost Center: 1500 For Agenda of: 1/20/2026 Placement: Consent Estimated Time: NA FROM: Christine Dietrick, City Attorney SUBJECT: Final Adoption of Ordinance Implementing Citywide Single Vote for City Council Elections RECOMMENDATION Adopt Ordinance No. 1754 (2026 Series) adding Chapter 2.38, entitled “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 POLICY CONTEXT On January 13, 2026, the City Council voted unanimously to introduce a new ordinance to implement a new method of electing City Councilmembers, beginning in the 2026 election, that will be known as Citywide Single Vote. The introduction included minor, non-substantive modifications to the language reflected in the originally published draft ordinance, which were provided to the Council and public in an agenda correspondence in advance of the introduction. Staff also recommended that the Council adopt the ordinance in accordance with the standard introduction and second reading/adoption process. This is the second step in that process. The minor language modifications have been incorporated into the final version of the ordinance attached to this staff re port. (Attachment A) The recommended final adoption of the ordinance is the next step toward complying with the requirements of a previously approved settlement agreement and a stipulated judgement, discussed further below. In November 2024, the City Council approved a settlement of a California Voting Rights Act (“CVRA”) demand letter served on the City by attorney Kevin Shenkman on behalf of his client Southwest Voter Registration Education Project on February 17, 2023. Part of the settlement was agreement to a Stipulated Judgement under which the parties agreed that the City would transition to a “Citywide Single Vote” model for electing Councilmembers, beginning in the 2026 election cycle. The recommended action implements the settlement agreement and the Stipulated Judgement, ensuring the City’s compliance with its contractual and legal obligations. The ordinance is also consistent with the San Luis Obispo City Charter because it maintains Page 45 of 114 Item 5d an at-large system of electing Councilmembers, as required by the City’s Charter, Section 402. The transition to Citywide Single Vote is also consistent with the City’s Diversity, Equity and Inclusion Major City Goal, in that it advances voter equity and reduces the potential for unlawful minority vote dilution that otherwise may be associated with standard at-large elections systems. Finally, the recommended action also seeks to ensure that the County Registrar of Voters will be able to administer the new elections model as part of a consolidated electi on, consistent with historical practices to consolidate the administration of City elections with state and federal elections, which is considerably less expensive, more convenient for voters, and more efficient than the City running its own separate municipal elections. As such, the recommended action is consistent with the City’s Cultural Vitality, Economic Resiliency and Fiscal Sustainability Major City Goal. DISCUSSION Background The Council authorized staff to enter into settlement negotiations throughout 2023 and 2024 to reach a mutually beneficial settlement of the CVRA demand. Council ultimately approved the settlement that is the basis of the currently recommended action in November of 2024. The staff report and more substantial background discussion can be reviewed here. The San Luis Superior Court approved the Stipulated Judg ement that was part of the settlement on January 27, 2025. The recommended ordinance adoption is the next step in the implementation of the settlement agreement and Stipulated Judgement and ensuring a smooth transition and implementation of the Citywide Single Vote. In short, the recommended ordinance formally establishes Citywide Single Vote as the method of electing City Councilmembers in 2026 and subsequent elections. The ordinance would codify the local legal structure for the City to move from the current “vote-for-two candidates to elect two Councilmembers” model, to a “vote-for-one candidate to elect two Councilmembers” model, whereby the top two candidates receiving the most single votes are elected to Council. The ordinance also includes ballot instructions to ensure clear direction to voters and adds clarity for the elections official administering City Council election s regarding implementation of the Citywide Single Vote system. The ordinance clarifies and resolves inconsistencies between the generally applicable Elections Code ballot language and the specific ballot language necessary to implement the new system. The ordinance was introduced by unanimous vote of the Council on January 13, 2026. If finally adopted by the Council as recommended at it January 20, 2026 meeting, the ordinance will become effective thirty (30) days after adoption. Page 46 of 114 Item 5d Public Engagement Since approval of the settlement and Stipulated Judgement by the City Council and the Superior Court, respectively, staff has been working to develop a robust public outreach, education and engagement plan. Voter education is already underway and will continue, expanding significantly as the 2026 election nears. City staff will present an overview of the outreach plan at the same City Council meeting on January 20, 2026. In November 2025, staff presented and recorded a significant Candidate Education Forum in collaboration with the Latino Outreach Council to ensure that current and prospective voters and prospective Council candidates are aware of and have access to information and resources about the new elections system well in advance of the 2026 election. That presentation recording and other information and resources can be accessed here www.slocity.org/SingleVote. CONCURRENCE The City Clerk and County Clerk Recorder concur with the recommendation. ENVIRONMENTAL REVIEW The adoption of the recommended ordinance is a policy measure and does not have any foreseeable impact on the environment and is therefore exempt from environmental review. FISCAL IMPACT Budgeted: Yes Budget Year: 2025-26, 2026-2027 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $90,000 $0 $0 State Federal Fees Other: Total $ $90,000 $0 $0 As a part of the adoption of the 2025-27 Financial Plan, Council approved a total of $120,000 to support community outreach and engagement for the transition to Citywide Page 47 of 114 Item 5d Single Vote system with $90,000 in the 2025-26 Fiscal Year and $30,000 in the 2026-27 Fiscal Year. As noted, an overview of the plan will be presented at the January 20, 2026 City Council meeting, following final adoption of this ordinance. ALTERNATIVES The recommended ordinance adoption is a necessary step to implement the settlement agreement and stipulated judgement to which the City previously agreed , so there is not a realistic alternative to adoption. If the Council directs any substantive modifications to the ordinance as introduced, re-introduction will be required, which will delay the effective date of the ordinance. ATTACHMENTS A - Ordinance No 1753 (2026 Series) adopting adding Chapter 2.38 to the Municipal Code to implement and provide regulations for administration of Citywide Single Vote B - Prior staff report regarding the settlement recommendation and related actions here Page 48 of 114 O ______ ORDINANCE NO. 1754 (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 Page 49 of 114 Ordinance No. 1754 (2026 Series) Page 2 O 1754 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 Page 50 of 114 Ordinance No. 1754 (2026 Series) Page 3 O 1754 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. Page 51 of 114 Ordinance No. 1754 (2026 Series) Page 4 O 1754 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 Page 52 of 114 Ordinance No. 1754 (2026 Series) Page 5 O 1754 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. Page 53 of 114 Ordinance No. 1754 (2026 Series) Page 6 O 1754 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 Page 54 of 114