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D-1897 Charter of the City of San Luis Obispo Recorded 09/09/2011
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 JULIE RODE L San Luis Obispo�D ty— Clerk/Recorder Recorded at the rgquest of Public DOC#: 2011043806 AM 9/09/2011 10:51 AM Titles: 1 Pages: 68 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. CITY OF SAN LUIS OBISPO CHARTER AMENDMENTS AUGUST 30, 2011 The City of San Luis Obispo, a Municipal Corporation of the County of San Luis Obispo, State of California, organized and acting under a Charter which is duly ratified by a majority of the qualified electors of this City, submitted to the qualified electors at a Special Municipal Election held on Tuesday, August 30, 2011, the following Charter Amendments: Measure A -11, amending Section 1105. Retirement; as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. Shetdd the eentmet at any time be bmadened, the City Counsil may have the eentwt ameaded to The City Council may terminate the -eent et or amend its contract or negotiate another contract to provide improved or with reduced employee benefits only in accordance with state law and as permitted by eevefage vAth the Board of Administration of the Public Employees' Retirement System only -upon er-ity • Measure B -11, repealing in its entirety Section 1107. Impartial and Binding Arbitration For San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes Measure A -11 and Measure B -11 passed by a majority vote and are hereby deemed ratified. Pursuant to Government Code Section 34460, enclosed are the following: i8q-7- 1. Certified copy_ of Resolution No. 10263 (2011 Series) Calling the Special Municipal Election. 2. .Certified copies of the Notices of Election and Notice of Deadlines for Filing Arguments. 3. Certified copy of the full text of Measure A -11 and Measure B -11 (Resolution No. 10007 2008 Series). 4. Certified copy of the impartial analysis for Measure A -11 and Measure B -11. 5. Certified copy of the ballot argument in favor of and against Measure A -11. 6. Certified copy of the rebuttals to the arguments in favor of and against Measure A -11. 7. Certified copy of the ballot argument in favor of and against Measure B -11. 8. Certified copy of the rebuttals to the arguments in favor of and against Measure B -11. 9. Certified copy of the abstract of vote, including Resolution No. 10299 (2011 Series), certifying the election results. RESOLUTION NO. 10263 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION TO BE HELD TUESDAY, AUGUST 30, 20111 AND REQUESTING THE BOARD OF SUPERVISORS TO RENDER SERVICES RELATING TO THE CONDUCT OF THE ELECTION WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the City of San Luis Obispo on August 30, 2011 for the purpose of placing a proposed City Charter amendment and a proposed City Charter repeal measure before the qualified electors of the City of San Luis Obispo; and WHEREAS, the City requires assistance for the proper conduct of the special election; and desires to request services of the San Luis Obispo County Elections Official to conduct'said special election. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine, and order as follows: SECTION I. Notice is hereby given and there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, August 30, 2011, a special municipal election conducted by all -mail ballot. SECTION 2. That, pursuant to section 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Elections Official to render specified services, as set forth in Exhibit A hereto, to the City of San Luis Obispo relating to the conduct of an all mailed ballot special election on Tuesday, August 30, 2011, and said Board is hereby authorized to canvass the returns of the special election and certify the results of the canvass of the returns of the special election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 3. That pursuant to the applicable provisions of the City Charter and Ordinance No. 1559 (2011 Series) of the City of San Luis Obispo, said special election shall be held and conducted by all mailed ballot; and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter of the City of San Luis Obispo and Ordinance No. 1559 (2011 Series). Notwithstanding Elections Code Section 4.103, ballots cast in this special election shall be returned to the office of the County Registrar of Voters by mail or in person no later than 8:00 p.m. on Election Day. Only ballots received in the office of the Registrar of Voters by 8:00 p.m. on Election Day shall be counted. SECTION 4. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill pursuant to section 51350 of the Government Code. R 10263 Resolution No. 10263 (2011 Series) Page 2 SECTION S. That the City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors and the Elections Official of the County of San Luis Obispo. SECTION 6. That notice of the time and place of holding the special 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. Upon motion of Council Member Carter seconded by Council Member Carpenter and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES: Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. May r an Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: C:f. 'store Dietrick City Attomey r EXHIBIT A If the City of San Luis Obispo requests that the County Clerk- Recorder conduct the all mail ballot election to be held on August 30, the following services would be provided`. Vote centers Several locations around the city would be established where voters could drop off their ballots or obtain a replacement ballot. All locations would be staffed with poll workers and /or County. Clerk- staff. All locations would be provided with an Automark ballot marking device to assist voters with disabilities. $1000 Rental plus $1000 (Labor) Poll Workers Recruit, train and pay poll workers for election day to work at the vote centers. $2000 plus $1000 (Labor) Supplies Identify and order all supplies necessary for the election including polling place signs and supplies, vote - by -mail envelopes and any other supplies necessary for the conduct of the election. $5000 Vote -by -mail ballots and voter information booklet Preparation of the voter information booklet including the measures and arguments for and against, instructions for voting and for returning ballots and any other language required by the election code. Preparation and layout of the ballot. Completion of all pre - election testing for ballot, ballot counting and marking equipment and ballot counting software. Coordination with printing vendor for printing and initial mailing of ballot and voter information booklet. Coordination of replacement ballots both in the mail and over the counter Processing of return vote by mail ballots including Verification of signature and application of voting history. Processing, counting and secure storage of voted ballots. Set -Up & Ballot Printing: $14,000 Set -Up & VIG Printing: $15,000 EXHIBIT A Postage: $15,000 Inkjetting & Inserting of outgoing VBM ballots: $7500 VoteRemote- ballot return and signature verification process: $6500 Return Postage on VBM Ballots: $10,400 not included in original estimate) - Business Reply Mail - charged only for what is returned through post office. Labor: $10,000 Election Day /Night Answer voter phone calls Provide troubleshooting personnel for vote centers Provide collection center to receive and securely store all voted ballots and other material received from the vote centers after the close of polls on election night. Provide unofficial election results after 8:00 p.m for those ballots which have already been counted. Labor: $3,000 Canvass Process and count all vote -by -mail ballots returned on election day or that were not previously counted. Completion of all canvass activities required by the Elections Code. Certify election results to the City of San Luis Obispo Secure storage of all election material for 6.months as required by the Elections Code. Labor: $6,000 Public Outreach /Legal notices Prepare and send press releases pertaining to election activities including but not limited to deadline for close of registration, mailing of vote -by -mail ballots, deadline for returning ballots, locations of vote centers. Develop and manage updates for website including voter registration lookup, vote -by -mail status lookup and accessibility features of vote center locations. Prepare and publish all required legal notices regarding central counting location and vote center locations pursuant to EC 12105 and 12109. Post precinct board members pursuant to EC12105.5 U EXHIBIT A Labor & Publications: $3,000 City Clerk would be responsible for the following: Pre - election notices as required by EC 12101 et seq except for those noted above All activities required by EC 9280 et seq. TOTAL - $90,000 The City of San Luis Obispo could request that the County Clerk- Recorder be involved in only certain aspects of the election or that the County Clerk- Recorder act only in an advisory role. The City could also choose to contract with an outside vendor instead of the Clerk- Recorder. At the minimum, the Clerk- Recorder would provide the City of San Luis Obispo with:. The voter files necessary to prepare and mail the vote -by -mail ballots. Access to poll worker files and past election procedure manuals. Names and contact information for temporary election staff. Access to voter registration system for use in issuing replacement ballots, verifying voters' signatures and updating voting history. CERTIFICATION L Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of Resolution No. 10293 (2011 Series), adopted by the San Luis Obispo City Council on May 17, 2011. DATE: DATE: % —' - i/ Jan Marx Mayor (12 Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: aina Cano, CMC �ity Clerk ..i i r,j,•�'1�.,� r �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf (805) 781 -7410. • RESOLUTION NO. 10264 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2011 AS CALLED BY RESOLUTION NO. 10263 (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday, August 30, 2011 by Resolution No. 10263 (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter amendment to the electorate pursuant to the authority of Article M of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision malting authority over management of the City's contracts with the Board of Administration of the California Public Employees Retirement System; and WHEREAS, Charter Section 1105 (Retirement) currently provides as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City . Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed amendment of Section 1105 to eliminate the Charter requirement for voter approval to terminate the City's contract with the California Public Employees' Retirement System or to negotiate another contract to provide reduced employee retirement benefits, but expressly to state that the City Council retains the authority to enter into contracts with Ca1PERS and remains subject to other applicable state laws and Ca1PERS rules with regard to any actions to amend, terminate or negotiate other contracts. R 10264 Resolution No. 10264 (20 Series) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that an amendment of Section 1105 of the Charter of the City of San Luis Obispo be submitted to the voters at the All Mailed Ballot Special. Municipal Election on August 30, 2011, to read as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. The City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of the Public Employees' Retirement System. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the All Mailed Ballot Special Municipal Election to be held on Tuesday, August 30, 2011, the following question: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Yes Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to No provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? SEC'T'ION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. . SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Resolution No. 10264 (201 Series) Page 3 SECTION 5. That in all particulars -not recited in this Resolution or Ordinance Number 1559 (2011 Series), 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 the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. Upon motion of Council Member Carter, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter,'Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. tl"� Td�-, y J Marx ATTEST: i Elaina Cano, CMC City Clerk APPROVED AS TO FO Stine Dietrick City Attorney CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Complete Text of the Amended Section 1105 of the City Charter — Measure A, Resolution 10264 (2011 Series), adopted by the City Council on May 17, 2011. DATE: 9' 2— DATE: % 7 —// ///L Jan Marx Mayor r Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: Cano, CMC "V ty Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. RESOLUTION NO. 10265 (20111 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER REPEAL MEASURE AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2011 . AS CALLED BY RESOLUTION NO. 10263 (2011 SERIES) WHEREAS, an All Mailed Ballot Special Municipal Election for the purpose of placing two City measures before the voters has been called on Tuesday, August 30, 2011 by Resolution No. 10263 (2011 series), adopted on May 17, 201.1; and WHEREAS, the City Council has the authority to submit a Charter repeal measure to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's employee agreements governing wages, hours or terms and conditions of City employment; and WHEREAS, City Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") currently mandates an impasse resolution procedure for disputes between the City and its public safety employees over wages, hours or terms and conditions of City employment, which differs from the usual dispute resolution process established by state law for public employees, and which removes final decision making authority over such disputes from the City Council, as set forth in relevant part below: (D) Impasse Resolution Procedures. (1) All disputes, controversies and grievances pertaining to wages, hours or terns and conditions of City employment which remain unresolved after good faith negotiations between the City and said employee organization shall be submitted to a three- member Board of Arbitrators upon the declaration of an impasse by the City or by said employee organization. Upon declaration of impasse by either party, the City and employee organization shall each exchange a written last offer of settlement on each of the issues remaining in dispute. Written last offer of settlement shall be exchanged between parties within two days of the declaration of impasse. (2) Representatives designated by the City and representatives of the employee organization shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days after either party has notified the other, in writing, of the declaration of impasse and the desire to proceed to arbitration. The third member of the Board of Arbitrators shall be selected by agreement between the City's and the employee's organization R 10265 Resolution No. 10265 (201kes) • Page 2 representative within ten (10) business days of the declaration of impasse. This third member shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the employee organization cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall have five (5) business days to alternately strike names, with the City's arbitrator striking first, from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Board of Arbitrators. (3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Board of Arbitrators shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Board of Arbitrators may adopt by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. (4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Board of Arbitrators shall direct each of the parties to submit, within such time limit as the Board of Arbitrators may establish, but not to exceed thirty (30) business days, a last offer of settlement on each of the remaining issues in dispute. The Board of Arbitrators shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services using the San Francisco - Oakland -San Jose index, as reported at the time impasse is declared for the preceding twelve (12) months, the wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities, and the financial condition of the City of San Luis Obispo and its ability to meet the costs of the decision of the Board of Arbitrators. (5) After reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of Board of Arbitrators, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award No other actions by the City Council or by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required. (6) The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Board of Arbitrators and the costs • Resolution No. 10265 (201 1 Reries) Page 3 of preparation of the transcript of the proceedings shall be borne equally by the parties. The expenses of the arbitration, which the parties may incur individually, are to be borne by the party incurring such expenses. Such expenses include, but are not limited to, the expense of calling a party's witnesses, the costs incurred in gathering data and compiling reports, and any expenses incurred by the party's arbitrator. The parties may mutually agree to divide the costs in another manner. (7) The proceedings described herein shall supersede the dispute resolution process for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Association which is set forth in Sections 13.2 and 14.1 of City of San Luis Obispo Resolution No. 6620, to the extent that such language is in conflict with this amendment. Furthermore, the proceedings described herein shall supersede any language within the Employer- Employee Resolution, the Personnel Rules and Regulations, any Memorandum of Agreement with the employee associations or any written policy or procedure relating to wages, hours or other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However, nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating, and submitting to the arbitration process set forth herein, a grievance process, which includes a form of binding arbitration that differs from the one, set forth herein. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a measure to repeal Section 1107 of the Charter of the City of San Luis Obispo in its entirety, the approval of which would result in the City's public safety employees being governed by the same State law dispute resolution procedures applicable to other represented public employee groups. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of San Luis Obispo hereby proposes on its own motion that a measure repealing in its entirety Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes') of the Charter of the City of San Luis Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, the following question: Resolution No. 10265 (201 Series) Page 4 Shall San Luis Obispo Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes') be repealed in its No entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between . the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee o an4ations? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution or Ordinance Number 1559 (2011 Series), 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 add_ itional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. Resolution No. 10265 (201 eries) Page 5 Upon motion of Council Member Smith, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES: Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. t,I'an Marx ATTEST: r / Elaina Cano, CMC City Clerk APPROVED AS TO FORM: �e Detrick City Attorney city of SAn leis OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Complete Text of the Repealed Section 1107 of the City Charter — Measure B, Resolution 10265 (201 .1 Series), adopted by the City Council on May 17, 2011. DATE: 9 %—i/ DATE: 7'- 7 // Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: g— 7 / - Elaina Cano, CMC ;City Clerk �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf (805) 781 -7410. +� NOTICE OF DEADLINES FOR SUBMITTING '.. ..,..:- f PRIMARY AND REBUTTAL ARGUMENTS FOR OR AGAINST CITY MEASURES NOTICE IS GIVEN that the Special All Mailed Ballot Municipal Election is to be held in the City of San Luis Obispo on August 30, 2011, at which there will be submitted to the voters the following . measures: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Yes Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee No benefits only in accordance with state law and as permitted by the Board of Administration of PERS? Shall San Luis Obispo Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFFF Local 3523, Employee Disputes") be repealed in its entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations No between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the City Council may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, for or against the City measure.. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Cleric has fixed May 31, 2011. at 5:00 p.m. during normal office hours, as posted, as the date after which no arguments for or against a City measure may be submitted to the Clerk for printing and distribution to the voters as provided in the Article 4. Arguments shall be submitted to the City Cleric, accompanied by the printed name(s) and signature(s) of the author(s) submitting it at City Hall, 990 Palm Street, San Luis Obispo California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal arguments, as submitted by the authors of the opposing direct arguments, may be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if on behalf of an organization, the.name ofthe organization, and the printed name and signature of at least one of its principal officers who is the author ojthe arguere4 not more than 10 days after the final date for filing direct argument, 5:00 p.m-on June 10, 2011. Rebuttal. arguments are not to exceed 250 words in length. NOTICE IS FURTHER GIVEN that the full text of the measure, impartial analysis, and arguments filed under the authority of the Elections Code will be available for public examination in the Office of the City Clerk for 10 calendar days from the final deadline for filing written arguments. Dated: Elaim Cano, City Clerk CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Notice of Deadlines For Submitting Primary and Rebuttal Arguments For and Against City Measures A and B, posted on May 18, 2011. DATE:-/ DATE: / _ // Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: 4. Elaina Cano, CMC City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Tf—ffi Newspaper of the Central Coast 3825 South Higuera - Post Office Box 112 - San Luis Obispo, California 93406 -0112 - (805) 781 -7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD #6942902 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a residen County aforesaid; I am over the age of eighteen interested in the above entitled matter; I am now all times embraced in the publication herein me was, the principal clerk of the printers and publi: THE TRIBUNE, a newspaper of general Circ printed and published daily at the City of S, Obispo in the above named county and state; tha at which the annexed clippings is a true col published in the above -named newspaper and no supplement thereof — on the following dates MAY 23, 2011 that said newspaper was dt regularly ascertained and established a newsp general circulation by Decree entered in the Court of San Luis Obispo County, State of Calife June 9, 1952, Case #19139 under the Govemme of the State of California. I certify (or declare) under the penalty of perjury foregoing is true and correct. 4UL �' • D,10 (Signature of Principal Clerk) DATED: MAY 23, 2011 AD COST: $269.48 Q1111111111111111111111 cay of l..� san tuts osispa CITY OF SAN LUIS OBISPO SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION AUGUST 30, 2011 MEASURES TO BE VOTED ON Notice is hereby given that the following measure is to be voted on at the Special All Mailed Ballot Municipal Election to be held In the City of San Luis Obispo on Tuesday, August 30, 2011: Shall Section 1105 (Retirement) of the San Yes Luis Obispo Charter, which authorizes the City Council to enter into a contract with the Board No of Administration of the Public Employees' Retirement System (PERS), beamended to provide that the City Council may terminate or amend Its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? Shall San Luis Obispo Charter Section 1107 ( "Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San No Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes') be repealed in its entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? The ballot centers) will be open on Election Day between the hours of 7 :00 a.m. and 8:00 p.m. Additional information regarding the election is available on the City's web site at wwwsloeftyorg or by calling the City Clerk's office at 781 -7100. Dated: May 23, 2011 23, 2011 Elaina Cano, City Clerk/City Elections - Official R� ECIVEEE., AU6 8 1011 SLO C( FY CLERK 6942902 111, ci*ty,, or san Luis OBISPO mi;&. R., .. 1. 1 1- — 990 Palm Stree San Luis Obispo, CA 93401-3249 CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of The Tribune's publication of the Notice of Election and Measures to Be Voted printed on May 23, 2011. DATE: 9 7 // Jan Marx Mayor DATE: / ' 7 —// C� Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: 19' lain Cano, CMC City Clerk EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �` Telecommunications Device for the Deaf (805) 781 -7410. 8a& san kis campo 990 Palm Street, San Luis Obispo, CA 93401-3249 Date: May 31, 2011 To: Elaina Cano, City Clerk From: J. Christine Dietrick, City Attorney Subject: Impartial Analysis of Ballot Measures A and B I am attaching hereto An Impartial Analysis Of Measure A By The San Luis Obi Attorney and An Impartial Analysis Of Measure B By The San Luis Obispo City Attorney. cc: Mayor and Council Katie Lichtig, City Manager Michael Codron, Assistant City Manager Monica Irons, Human Resources Director Lr The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. `Z Telecommunications Device for the Deaf (805) 781 -7410. AN IMPARTIAL ANALYSIS OF MEASURE A BY THE SAN LUIS OBISPO CITY ATTORNEY Currently, the City of San Luis Obispo contracts with the Public Employees' Retirement System of California ( "CalPERS ") for the purpose of providing City employees and retirees with retirement benefits. As a CalPERS contracting agency, the City is required to comply with the provisions of the California Public Employees Retirement Law ( "PERL'�. PERL establishes the authority for public agencies to contract with CalPERS, establishes the benefit formulas under which contracting agencies may choose to provide retirement benefits to their employees, and dictates whether and how contracting agencies may terminate or make changes to contracts with CalPERS affecting the retirement benefits of employees or retirees of the contracting agency. Similar to existing state law, City Charter Section 1105 provides that the City Council shall be authorized to enter into a contract with Ca1PERS to provide retirement benefits to employees and to amend the contract to provide improved coverage. However, Section 1105 also provides that "[t]he Council may terminate the contract or negotiate another contract with reduced employee coverage... only upon authority approved by a majority vote of the electorate." By that language, Section 1105 requires that the City Council hold an election and obtain majority voter approval to terminate its contract with CalPERS or reduce employee coverage. Absent the voter approval requirement of Section 1105, the City Council would be authorized to take these actions, in accordance with applicable state retirement and labor relations laws, without majority voter approval. If approved, this measure would amend the City Charter to eliminate the requirement that the City Council hold an election and obtain voter approval to terminate its contract with CalPERS or to negotiate another contract with reduced employee benefits. If approved, the amended Section 1105 would provide that the "The City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS. " The amended Section 1105 would retain language acknowledging the City's obligations to comply with PERL and other existing and future state laws, but would vest final authority over approval of all contracts between the City and Ca1PERS in the City Council, rather than the electorate. This measure, if approved, would not terminate, alter, or amend any existing City contract with Ca1PER.S and would not change any retirement benefit or formula currently provided by the City to its employees. A "yes" vote would amend the City Charter to eliminate the requirement that the City Council hold an election and obtain majority voter approval to terminate or amend its contracts with Ca1PERS to provide reduced employee benefits. A "no" vote would reject the amendment of the City Charter and retain the requirement that the City Council hold an election and obtain majority voter approval to terminate or amend its contracts with CaIPERS to provide reduced employee be;Attomey J. Cietrick City City of San Luis Obispo i • 0 AN IMPARTIAL ANALYSIS OF MEASURE B BY THE SAN LUIS OBISPO CITY ATTORNEY Under existing state law, cities are required to negotiate in good faith with employee organizations representing public employees regarding wages, hours, and terms and conditions of employment. If matters subject to negotiation cannot be resolved, impasse may be declared, and the parties may agree to non - binding mediation to reach resolution. If no, agreement is reached after impasse has been declared, and applicable state law impasse procedures have been exhausted, the governing body may implement its last, best and final offer made during negotiations. Under existing state law, firefighters and police officers are prohibited from striking. The City Council of the City of San Luis Obispo adopted Resolution Number 6620 (1989 Series), establishing local requirements for impasse resolution with City employee groups. In 2000, the City of San Luis Obispo voters adopted initiative Measure S. That measure added Section 1107 to the Charter of the City of San Luis Obispo governing the resolution of labor disputes between the City of San Luis Obispo and its Police Officers Association and Firefighters Association ( "Police and Fire Associations "). Section 1107 requires impasse resolution procedures different from those provided under state law and Resolution Number 6620., Section 1107 requires disputes regarding wages, hours, or terms and conditions of employment that cannot be resolved through negotiations be submitted to an independent three- member board of arbitrators for a final and binding decision. Section 1107 requires each party to submit a last offer of settlement on each disputed issue to the arbitration board. By majority vote, the board selects and awards, on an issue by issue basis, whichever party's last offer the board finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, benefits, and terms and conditions of public and private employment. The parties have ten days after the arbitration award privately to attempt to agree upon any modifications to the award. At the end of such ten day period, the arbitration award, as modified by the parties, is publicly disclosed and becomes binding upon the parties. No further action of the Council or the electorate is permitted or required. Section 1107 prohibits the City from changing or eliminating any existing benefit or condition of employment for the Police and Fire Associations, unless such change is either the result of a negotiated agreement between the City and the Associations or ordered by the board of arbitrators. If approved, this measure would repeal Section 1107 and remove from the City Charter the requirement that unresolved disputes between the City and the Police and Fire Associations be submitted to an arbitration board for final and binding decision. The City and the Associations would be subject to existing state and local impasse resolution procedures. A "yes" vote removes from the City Charter the requirement that unresolved disputes between the City and the Police and Fire Associations be submitted to an arbitration board. A "no" vote retains in the City Charter the . requirement that unresolved disputes between the City and the Police and Fire Associations be submitted to an on bo J. Christine Dietrick City Attorney City of San Luis Obispo CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Impartial Analysis of City Measures A and B, submitted by City Attorney, J. Christine Dietrick, on May 31, 2011. DATE: %— 7—,,v DATE: % — 7 —// /�L aw, Jan Marx Mayor 61 Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: �— %'/ - Elaina Cano, CMC 'City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. 0 Ballot Argument in Support of Measure A • The San Luis Obispo City Council urges you to vote YES on Measure A. It will provide Council the flexibility to negotiate lower pension benefits for.new employees, negotiate greater pension cost sharing with all employees, and create other cost containment options.. Now, Council. has to wait for an election to make pension changes and implement cost savings measures. Pension costs are out of control. Five years ago, San Luis Obispo spent $4.9 million on pensions. Last year, we spent $7.9 million. In five years, without corrective action, the City will spend at least $10.5 million, 20% of our General Fund. That's more than we currently spend on our Fire Department, Public Works, or Parks & Recreation. Why are pension costs so high? Because pension formulas are too high. Police officers and firefighters can retire at age 50 with pensions that equal up to 90% of their highest year of earnings. Other employees can retire at age 55. A 30 -year police officer retiring today receives a pension of at least $93,000. A 30 -year firefighter; at least $70,000. A 30 -year administrative assistant, $44,000. There are currently fifteen retired City employees receiving pensions worth over $100,000 a year. Most residents have only Social Security and their own savings to rely on. The standard Social Security retirement age is now 66 and the current average annual benefit just $14,000. Measure A does not change City Council's commitment and legal obligation to provide pensions to employees. But it does allow Council flexibility to negotiate lower pension costs and reasonable pension benefits in order to achieve long term fiscal sustainability. This is why it enjoys the support of a broad coalition of city-residents. The San Luis Obispo City Council urges .you to vote YES on Measure A. To learn more, visit www.CitizensForSLO.org s/ Jan Marx, Mayor Andrew Carter, Council Member ARGUMENT FOR MEASURE A -11 All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with Section 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument. The undersigned proponent's of the primary argument for Measure A -11 at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011, hereby state that the argument is true and correct to the best of their knowledge and belief. Print Name ..--�7-A N MA&4 Signature (A= Title /111 A- YD(,2 Date V--2L4&"- Y/ d-01( Print Name !`rem �� Signature Title C�v��ci j"��. Date 3/1 2011 Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date • All author's must print and sign this form (EC 9600) AND Print his/her name. and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285). • Further, pursuant to Election Code Section 9282. printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure A -11" or "Argument Against Measure A -11". • Likewise, printed rebuttal arguments submitted pursuant to Election Code Section 9285 shall be titled either "Rebuttal to Argument In Favor Of Measure A -11" or "Rebuttal To Argument Against Measure A -I V' city Of SAn Luis OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATION 1, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Ballot Argument In Support of Measures A, submitted on May 31, 2011. DATE:—Y-7— DATE: 9— % —// Jan Marx Mayor 1 Z2- E aina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: 5� —7—,P"- L:,iauu► �.auv, �.tv1�.. City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Argument Against Measure A Measure A is a mean - spirited political maneuver to potentially restrict benefits to our public safety workers. The SLO City Council wants sole authority to dictate and change pension benefits and take away your right to vote on retirement benefits available to our first responders,-firefighters, police officers and city employees. By changing current law in which voters decide on future pension policy changes, the city will be gambling with its ability to be competitive and able to attract, train, and retain the critical public safety officers and other personnel that makes our community such a remarkable place to live and work. Moreover, giving the City Council sole authority to dictate changes in pension policies and taking away voters' rights to decide issues which will affect our city's future budgetary health sets a dangerous precedent. This measure would allow the City Council to remove all employees from the Public Employees Retirement System (PERS) without cause. PERS is the public pension system used by nearly all government employees in California. Due to the large number of participants, PERS is able to provide comprehensive benefits to city employees at a significantly reduced rate versus private open market plans. It's considered the standard in California municipalities and is significantly funded by employee contributions. Participation in the state standard plan allows the city to provide competitive benefits to ensure that we continue to attract dedicated and well- trained first responders, firefighters, police, and city employees. Our firefighters are not just city workers, they are our neighbors, our friends, our children's coaches and contributors both on and off the job to our community's safety and well- being_ Support your dedicated public safety personnel and keep the power to make future pension decisions in the hands of voters, not the City Council. Vote No on Measure A- S/ Jack O'Connell Eric Baskin Sherri Stoddard, RN • i • ARGUMENT AGAINST MEASURE A -11 The undersigned author's of the primary argument against Measure A -11 at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011, hereby state that the argument is true and correct to the best of their knowledge and belief. Print Name .1 . aCen r41 1 Signature 144" ��� Title Date $•,3 / // Print Name Signature Title--?MS1.yCv4r- =AEIF t 2.3 Date s X31— 11 6 Signature Print Name rr �oCtc d . �>V Title !r .c �iiL �'�'� 1 j Re 1'60 3 {Cd �•�cY�n � ct CiGti�� (tY1 ��Lrn •}1lY'i <'-( %V f.Li S Date (,1611 kL4 Print Name Signature Title Date Print Name Signature Title Date CERTIFICATION I, Jan Marx, Mayor, and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Ballot Argument Against Measure A, submitted on May 31, 2011. DATE: —// DATE: —7—XI /� Jan Marx Mayor E Gina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL. OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: / ,7 _.......: Elaina Cano, CMC `City Clerk CP The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Rebuttal to Argument in Favor of Measure A Measure A, if approved, will take away your right to vote on the public employee pensions negotiated with all city employees. Current law requires that when City Council proposes changes-to pensions that voters have the right to democratically approve or deny their proposal. Now the city council wants to take away your voice and rights to approve their spending plans, including first responders and firefighters. The truth about firefighter retirement benefits: ✓ SLO Firefighters do not receive social security benefits. This is a cost savings to the city (the city does not pay the 6+% payroll tax), but also means this popular benefit available is not available to firefighters. ✓ SLO Firefighters work a 56 hour workweek - 40% more than the average full -time worker, including 24AS hour shifts and are "open" 365 days a year- SLO Firefighters often have early retirement ages due to the extremely dangerous and strenuous nature of the job, which leads to high rates of injury and illness. They negotiate for enhanced retirement benefits (in recognition of the high percentage of disability and early life expectancy) in exchange for increased salary or other benefits. ✓ Younger firefighters always pay more into the, retirement system than current retires did, ensuring long -term viability.. Measure A does not change the current pension system for city employees and firefighters - it simply takes away residents' rights to vote to approve or deny proposed changes. Don't give up your right to vote —Vote No on Measure A. S/ Erik S. Baskin, President, IAFF L3523 San Luis Obispo City Firefighters Jack O'Connell i j AUTHORIZATION FC*kNOTHER PERSON TO SIGN RIOTTAL ARGUMENT The following majority of 7 authors of the Argument 0 In Favor of WAgainst Measure A -11 authorize the following person(s) to prepare, submit, or sign the Rebuttal to the Argument XIn Favor of,*Against Measure A -11 for the City of San Luis Obispo Special Municipal Election to be held on August 30, 2011. Signatures of a majority of the authors of the Argument Cl In Favor of (Against Measure A -11 are required: _ �1 �L �a6ycial Name (Print) — "Tq-ak L9,600, Name (Print) Name (Print) Signature Date �o�lo/ll Signat# Date Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument 0In Favor of SCAgainst'Measure A -11. Print Name Signature lCR1 K S .�► }LI wJ �i Title Date ' t3s23 _�i i oi► t S oF�is G� t 1�4t[� Print Name -jz- Signature . Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date 11, c* or 0 ity SM OBISPO CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Rebuttal Argument In Favor Of Measure A, submitted on June 10, 2011. DATE: -/— DATE: (1 Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: �El aina Cano, CMC +F 'tily Clerk �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf (805) 781 -7410. • i Rebuttal to Argument Against Measure A -11 .Can you retire at age 50 with an annual pension worth up to 901/o of your highest year of earnings? San Luis Obispo police and firefighters can. If not 50, can you retire at 55? All other city employees can. Can you retire with a pension over $100,000 a year? Fifteen city employees already have. In the past seven years, pension costs have quadrupled — rising from $1.7 to $7.9 million. The city needs pension reform. Without it, pension costs will continue to skyrocket and bleed the city budget, requiring additional cuts in basic services. Without it, pension costs will soon jump to more than $10.5 million, consuming 20% of the budget. That's more than we currently spend on basic services like Fire, Public Works, or Parks and Recreation. If the ratio of pension costs per employee had remained constant, pensions would cost San Luis Obispo $2.5 million today, not $7.9 million. That's a savings of $5�5 million, more than enough to balance the city budget. Measure A will give our elected representatives — our City Council — flexibility to negotiate reasonable pension benefits for new employees. It will allow Council to implement cost savings quickly, without waiting for an election. We'll be able to do what SLO County, Morro Bay, and Santa Maria have already done. It will NOT strip city employees of their pensions. It is NOT an attempt to leave the Public Employees Retirement System (PERS); steep financial penalties make that impossible. Measure A makes common sense. Vote YES on Measure A. S/ Lauren Brown, Retired scientist April Strong; Physical therapist Dan Hinz, Retired military Amy Kardel, Working mother Russ Levanway, Small business owner AUTHORIZATION Fie ANOTHER PERSON TO SIGN R&MAL ARGUMENT The following majority of Z authors of the Argument In Favor of ❑ Against Measure A -11 authorize the fokowing person(s) to prepare, submit, or sign Rebuttal to the M Argument ❑ In Favor of gAgainst Measure A -11 for the City of San Luis Obispo Special Municipal Election to be held on August 30, 2011. A Signatures of a majority of the authors of the Argument )kIn Favor of O Against Measure A -11 are required: Name (Print) Si tore Date Name (Print) Signature Date Name (Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument ❑ In Favor ofAAgainA Measure A -11. Print Name 'E Si e Titl Date ©9 -- 11 Print Name Aiisy% Z 64---klC7%-tiq Signs Tit1 Date Print Name Signature Title V IC4 V14 � o -Vct ov LA Date C)& loci Print Name Signature v w Title Date Print Name Si Title Dated ,y city of sAn is oavo MAW 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Rebuttal Argument Against Measure A, submitted on June 10, 2011. DATE: 7—,o DATE: /,!1'— % Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: n Elaina Cano, CMC �� ^ ✓ .'1 `� °�' . City Clerk ii f The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. • • Argument in Favor of Measure B-11 Mandatory binding arbitration is unfair to local residents. It lets an out -of -town arbitrator dictate pay and benefits for San Luis Obispo police and firefighters. The arbitrator doesn't live here, doesn't know our community, and doesn't need to consider what must be cut from the budget to finance the award. The arbitrator's decision is final and can't be overturned. When residents voted in binding arbitration, they couldn't have imagined the consequences. Now they know, all too well. In 2008, an out -of -town arbitrator gave San Luis Obispo police an unbudgeted $4 million increase over four years — that's a 30% pay raise when inflation was only 11 %. Many officers got an additional 22% raise for years of service. The on -going annual cost of that award is $2.5 million, which represents more than half the City's current structural budget gap. Due to the award, City Council had to eliminate $1.6 million in street and sidewalk improvements, $600,000 in flood protection projects, $300,000 in parks and open space projects, and $500,000 in public safety projects, including two hoped for neighborhood police officers. Nigher per officer pay meant fewer officers on the street. - Before the award, San Luis Obispo police were the highest paid in the county. Now, they're paid more than Los Angeles police. California courts have ruled binding arbitration unconstitutional for general law cities. Only Charter cities, like ours, can adopt it. Only 21 of 482 California cities have adopted binding arbitration. It has recently been repealed by the voters in two cities. You can make that three, if you vote YES on Measure B. Binding arbitration takes decisions about the City's budget out of the hands of local elected officials responsible to you, the citizens of San Luis Obispo. Restore local decision making and local fiscal responsibility. Vote YES on Measure B. To learn more, visit www.CitizensForSLO.org S/ Jan.Marx, Mayor - Andrew Carter, Council Member • 1 • ARGUMENT FOR MEASURE B-11 All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with Section .9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument. The undersigned proponent's of the primary argument for Measure B -11 at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011, hereby state that the argument is true and correct to the best of their knowledge and belief. Print Name .TAM /vtiA4%X Signature Title M 4 YO 2 Date ' isy ,3 � X-0// Print Name Signature Title C ©t�luf.�, ��,��,� Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date • All author's must print and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285). • Further, pursuant to Election Code Section 9282. printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure 8-11" or "Argument Against Measure B-11". • Likewise, printed rebuttal arguments submitted pursuant to Election Code Section 9285 shall be titled either "Rebuttal to Argument In Favor Of Measure B-11" or "Rebuttal To Argument Against Measure B-11." ' A 11�9 city,. of SM Luis OBISPO NE11FEN 990 Palm Stree San Luis Obispo, CA 93401-3249 CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Argument In Favor of Measure B, submitted on May 31, 2011. DATE: DATE: Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: d_ a ^ .. Elaina Cano, CMC -""'o pity Clerk �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf (805) 781 -7410. Argument Against Measure B u Binding arbitration is an efficient resolution tool that was enacted by a significant majority of SLO City voters in 2000 and defines a fair negotiating process for our first responders. Prior to binding arbitration, first responders, firefighters and police often went years with unresolved contract issues. There was no incentive for both sides to fairly negotiate to reach a timely and just resolution and impasses that affect public safety dragged on extensively leaving the public vulnerable. Our priority is keeping the community safe and ensuring that first responders, firefighters and police are able to respond quickly and appropriately to all emergencies and protect the health and safety of our community. Binding arbitration allows the city or the firefighters or police officers to request an outside -arbitrator who must consider factors like the city finances, the last offers at the bargaining table, and other issues that affect response times and public safety if a resolution cannot be reached in regular negotiations. That provides the city, the firefighters and cops a level playing field and incentive to negotiate contracts that affect our community's ability to react and respond to emergencies efficiently and in good faith. Now the City Council wants to override an initiative passed by the voters of SLO and is spending over $100,000 of .taxpayer dollars on a special election,'which only worsens the city's fiscal woes and the results of which won't affect the budget at all. Please continue to support your firefighters and cops and tell the city to stop playing games and get to work on solving our real fiscal problems like helping our city's economic recovery. Public safety workers will continue to be partners in solving the budget deficit, -but playing games with our community's health and safety cannot be tolerated. Vote No on Measure B. S/ lack O'Connell Eric Baskin Don A. Emst Sherri Stoddard, R.N Katcho Achadjian • ARGUMENT AGAINST MEASURE B-11 The undersigned author's of the primary argument against Measure B-11 at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011, hereby state that the argument is true and correct to the best of their knowledge and belief. Print Name U 4 C k Signature Title Date Print Name .IV., S -meg !Sa #,j Signature g �� D Title--Pc+e L,667.& Date Print Name _DQ&a D_ ��I1�s r Signature Title Date Print Name r t rr I . hAkir g , �Jv Signature /" 4Lt�VL—l� Title L>, i 6z,< Reii i of\ ea i'zv n i El Date ir5e� Ivt� v. ec Wi i .k d Print Name Signature Title Date ARGUMENT AGAINST NZASURE 13.11- The undersigned author's of the p Municipal Electi nmaTv argument against Measure B -11 at the Special All Mailed Ballot 3 onto be heldon August 30, 2011, hereby state that the argument tru is e and correct to the best of their knowledge and belief. Print Name Signature TjtjL - Date Print Name Title Print -Name Title Print Name Title Print Name Title Signature Date Signature Date Signature Date Signature Date city of sAn is oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATION 1, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Argument Against Measure B, submitted on May 31, 2011. DATE: 7 // DATE: ?-1-2-11 2, Jan Marx Mayor Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: Elaina Cano, CMC City Clerk -2 - /. The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Rebuttal to Argument in Favor of Measure B Binding arbitration is a fair process that protects both our community and our first responders. If the city and public safety responders are unable to reach a contract agreement, including working conditions, staffing levels or compensation, either party may request an independent third -party arbitrator to resolve the dilemma. This ensures that critical fire and police resources are not interrupted and the community remains safe and protected. Arbitrators must consider the city's ability to pay employees based on revenues and fiscal reserves, as well as using cities with similar cost of living, staffing ratios, and other factors for comparison purposes. Binding arbitration does not cost the city money, and repealing it will not impact the city's budget. The City Council wants you to believe that our fiscal shortfall is due to dedicated public servants who risk their lives protecting our families and property, while they decided to spend ovef $110,000 on an unscheduled special election. Firefighters and police officers continue to sacrifice pay and benefit increases and work with city government to be part of the solution as the city heals its budget gap. Don't be fooled by this attempt by the City Council, voters spoke loud and clear when they voted to adopt binding arbitration in response to recent extended impasses between the city and public safety. Let's work together to restore our economic vitality, and ask the City Council to continue to make our community's safety their top priority —Vote No on Measure B. S/ Erik S. Baskin, President, IAFF L3523 San Luis Obispo City Firefighters Jack O'Connell Don A. Ernst AUTHORIZATION F0 ANOTHER PERSON TO SIGN,FOUTTAL ARGUMENT The following majority of S authors of the Argument O In Favor of WAgainst Measure B -11 authorize the following person(s) to prepare, submit, or sign the Rebuttal to the Argument ,T�M Favor of WAgainst Measure B-11 for the City of San Luis Obispo Special-All Mailed Ballot Municipal Election to be held on August 30, 2011. Signatures of a majority of the authors of the Argument O In Favor ofXAgainst Measure B -11 are required: E�� rt BesKi wl Name (Print) on neJ Name (Print) L -10 -11 Signature Date F� _ riliol �l Signafie Date A. Name (Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument Favor of brAgainst Measure B -11. Print Name Signature F�a rL S.�3L As�c.t � Title Date -74E2* gW'rr , -TAF F �J�a� � ��on ne Si Title Date &Ilcphl Print Name Signature a+. -- Ir Title Date %l1Ap z Print Name Signature Title Date Print Name Signature Title Date CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Rebuttal to the Argument In Favor of Measure B, submitted on June 10, 2011. DATE: r 7 -// Lie-, Jan Marx Mayor DATE: Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: Elaina Cano, CMC i... ,� City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Rebuttal to A_mument Against Measure B-11 Do you make more than you would if you worked in Los Angeles? San Luis Obispo police officers do. Did you receive a 30% cost of living increase between 2006 and 2009? SLO police officers did. In fact, many received increases of 57% when years of service were. included. This, in the midst of the worst recession since the Great Depression. Why? Because of mandatory binding'arbitration. An out -of -town arbitrator gave police these enormous increases even though inflation was only 11 %, our police were already the highest paid in the county, and unemployment was skyrocketing as the economy crashed. You'd think binding arbitration was "fair" if you received these huge raises. If you had to pay for them, you wouldn't. All city residents had to pay, and we're still paying — an extra $2.5 million yearly. Did the out -of -town arbitrator consider the City's ability to pay? No, not short of bankruptcy. He didn't care what had to be cut to cover these increases — $1.6 million in streets and sidewalks, $600,000 in flood protection, $300,000 in parks and open space, and $500,000 in public safety. Did binding arbitration make our community safer? No. It meant fewer police officers on the street because the City had to cancel a planned nighttime neighborhood police patrol. Binding arbitration. is unfair to local residents. We urge you to repeal it. That's the only way to restore local decision making and insure long -term financial stability for San Luis Obispo. Vote YES on Measure B. S/ Dave Romero, former mayor Ken Schwartz, former mayor John Ewan, former council member Paul Brown, former council member Christine Mulholland, former council member AUTHORIZATION 10 ANOTHER PERSON TO SIGN AUTTAL ARGUMENT The following majority of 2— authors of the ArgumentA.In Favor of ❑ Against Measure B-11 authorize the following person(s) to prepare, submit, or sign the Rebuttal to the Argument ❑ In Favor of t Against Measure B-11 for the City of San Luis Obispo Special All Mailed Ballot Municipal Election to be held on August 30, 2011. Signatures of a majority of the authors of the Argument In Favor of ❑ Against Measure B -1.1 are required: VA H4sX Name (Print) y7ure —&//.a Date./ Name (Print) . Signature Da Name (Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument ❑ In Favor of %Against Measure B -11. PdAName g9JJQavC R© Signs Title Date Prh t Name ` _ t �.�. 6G, V1 LoaV T Si f Title. i Date r Print Name Signature Title . to Print Name Signature Title ✓w�s�.r C.��`.1:r:: �, Date 06��b1 Print Name Signature Title Date Q6 city of SAn Luis OBISPO 990 Palm Street, San Luis Obispo, CA 93401 -3249 CERTIFICATION . L Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Rebuttal to the Argument Against Measure B, submitted on June 10, 2011. DATE: f 7 /l DATE: 9 — % Ick Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: // Elaina Cano, CMC y Clerk U The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. • 0 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE A -11 SPECIAL ELECTION AUGUST 30, 2011 1, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE A -11: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? WITNESS, my hand and Official Seal, this 31St day of August, 2011 - ;ter ,• :i - -- ' � r JULY L.�tODEWALD, County Clerk- Recorder CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE B -11 SPECIAL ELECTION AUGUST 30, 2011 I, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE B -11: Shall San Luis Obispo Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") be repealed in its entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? ---� WITNESS, my hand and Official Seal, this 31st day of August, 2011 JULIE L RODEWALD, County Clerk- Recorder m m al A N w N A N W 0 a O O N N A W 0 N t Ch ocl O L1 N to lA to to O O O O O O M 00 00 M =IM 00 4 I" A A A A A A A A (l A A A A A A A A A A A zz '00000000000000000000890'880,2t, '.zz LA U U U U U O O C 0 0 0 0 �• — r p 0 0 0 0 0 0 0 0 0 0 0 0 0 0= J L1U uA O. rJ W O1O- WWOJ00 JwUNW 00 t! W JOO wU00Ur0 N NO� W W w\0 W -UU Wd�O �. t! %.. 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O O <W I o m S.x�. o O G o =OZ N � G7 O cn O ^C \ l n '31 0 1 d W. cn PA oC)p'C''� XD z °C M� o Q � � cn O ►�s sn rn O n CD CA OR d � fD CD 00 A N W O � � 011111"11111111 I'�'�' ci0ty or s Luis OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of the Results of Canvass of All Votes Cast for Measure A and Measure B and the Statement of Votes Cast Tally of Results submitted by County Clerk Recorder, Julie Rodewald, on August 31, 2011. DATE: Jan Marx Mayor DATE: -19-7—.,-x Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND TBE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: DATE: Elaina Cano, CMC :pity Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. RESOLUTION NO. 10299 (201.1 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION HELD TUESDAY, AUGUST 30, 2011 WHEREAS, a Special All- Mailed Ballot Municipal Election was held in the City of San Luis Obispo on Tuesday, August 30, 2011, as required by State Law and the Charter of the City of San Luis Obispo; and WHEREAS, two ballot measures, Measure A =11 and Measure B -1.1, were submitted to the voters on Tuesday, August 30, 2011; and WHEREAS, the County Clerk Recorder /Elections Official canvassed the returns of the Special All- Mailed Ballot Municipal Election held on August 30, 2011, and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo .is reflected in the Canvass of All Votes Cast (Exhibit B). SECTION 2. That ballot Measure A -1.1 submitted to the voters was as follows: Shall Section.] 105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Yes Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to No provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? • • Resolution No. 10299 (2011 Series) Page 2 SECTION 3. That ballot Measure B -11 submitted to the voters was as follows: Shall San Luis Obispo Charter Section 1107 ( "Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San. Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") be repealed in its No entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measures relating to Resolution 10264 (2011 Series), and Resolution 10265 (2011 Series) did vote in favor of them, and that the measures were carried, and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The measures voted upon; (3) The total number of votes for and against each measure. 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. Upon motion of Council Member Carter, seconded by Council Member Carpenter and on the following vote: AYES: Council Members Carpenter, Cater and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of September 2011. Resolution No. 10299 (2011 . Series) Page 3 ATTEST: , Elaina Cano, CMC City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney �J May r Marx • CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE A -11 SPECIAL ELECTION AUGUST 30, 2011 EXHIBIT "A" I, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE A -11: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits. only in accordance with state law and as permitted by the Board of Administration of PERS? TNESS, my hand and Official Seal, this 31St day of August, 2011 Au DEWALD, County Clerk- Recorder 0 •EXHIBIT "A" CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE B -11 SPECIAL ELECTION AUGUST 30, 2011 I, JULIE L. RODEWALD; County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE B -11; Shall San Luis Obispo Charter Section 1107 ( "Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") be repealed in its entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? . ESS, my hand and Official Seal, this 31St day of August, 2011 RODEWALD, County Clerk- Recorder qNmv 00th NM'7v1b0000010+NO Nmef hbr �zR0 0 N N N N N N M M M M M M M M M m m M 7 W) r „o N h r �zzzzzzzzzzzzzzzzzzzzzzzzzz�3 18800080000008UO088OU00800 nNNF z ., J as w ,8c EXHMIT ^Inw 0o O � O � G3. cd Q H o o o g 000eo ��ooe eoo oe- vtr O'D Obo0o M%DN h010o evOOIn Nr 0%M 00.eM..r 0 Obn oa` ••+v100 1D b.+bnr C� -i b OR bh q 0D m10 O 000 Vl vn 00 bOOO vi.•. 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N N N •--� h 00 r o b O h N -� 00 wl m r 00 n o 01 00 m r b m m m M M .M.� N N N N N 0l..� qNmv 00th NM'7v1b0000010+NO Nmef hbr �zR0 0 N N N N N N M M M M M M M M M m m M 7 W) r „o N h r �zzzzzzzzzzzzzzzzzzzzzzzzzz�3 18800080000008UO088OU00800 nNNF z ., J as w ,8c 00 'd- O Cd A F.. � a Q w.�Hy �o ��5o �HUt6 a >z �- oH Ut ow alt W.�o w a o — �w U 0 0 z 0 • N N V < �O �O C4 r N N O z 00 as m e; r- t, 00 00 0� - 0 0 FW> �� o0 H� o0 00 00 N N rn m d N N x> �r o as off N NI NI NIN O O�Ov» O� t+1 .•• N �D N oo oo 00 o,In a, h '7 cn 00 N en t�rnnn v �o en 00 o N ri -� o0 00000 o�o-WI cn cn N N • EXHIBIT "B" 0N M7 h�D�NM7h\Or OOTO•+N —N M7 h r %0 00000000000000... -� GooOOOOOO N N N N N N M M M M M M M M M M M M V h h h h h h h zzzzzzzzzzzzzzzzzzzzzzzzzz 0008.0088000008008800000000 ..7 L w • � EXHIBIT 66 . ff 00 � N M p -t OA Q Fe a� U aao o a a a ao 0 0 0 1 ,., aao o o0%ornr!r -0m �wr- w rhaooe� -0 W, mg om N MN.77 MAO Or Di 77 7Of 0 O MhM MC+ a li o oven OMM as o a earn MM �O �y C� Q ~� U •—t .-. O z tV 6 m t` -+ t- M M N f0 N M.NMN MNN N NCV N N M NNMNMMNNN 00 re0mN h %cM a, Oar 7ON eT CT t-7 %07 Nv+ eT 00 \D 00M7 r M M7O�D ra NhOM�0 —,DO oo�000000e���o�000�ooa�000R O O 7 r M O r M M N M N— M h N O r 0\ 0h 7 r h 7 T.00wrhhl�enOhD NOhhhOO -+\Dh D00\DO00 O\ \Oh v 7r NN M? Or 0 I N00N%0 %0 t- mcV oor '\Or%Dr�Dr\0rrrr-rrr�DOrr\0r\0 %0rrr 00 r 0 0 10M V)O NO O\ - 7 �r hM 'n t- ��n h Moo r �D ��pp NOS Os�l M\0N '7 hN 7N�+N 7�-+M Nb7 MC14 %07-� t` N r D t� G Ohh goo O O CDN Orr 7yM n r NN 00 Dl N N ID r O D N N t` t.. NN hv1 00 N N o� r r D O N N rr MM N N 4. o api H W � C U w W zo > 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O � ►-a .,o O o /�- F O> 000000000000000..0.000000000 QOM Co NN-+OO h 7'M v ID NNOOO NN O0 NO -. o� OOO 00 U P., 4r F'�I U V Falb \0 O, 00 M %D N 00 0 ^' Vl c} N \D \0 M 00 - r �O N 0000 O 00 In M�O 000 .+ 70 y--�%0 M h M NMr\D .+h M 001D %0 00 Mh N�o b 00 N o if \0 \0 qcr 00 N N eO \D 00 Ic \0 00 00 NN fD eD 00 ,^ V) C M tf r vN 1DMM R 00 MM `QO \0 mw hM N M r�O �+h M00 \0 V1M 00 e0N h NMh �-+ N\D O vh D1 00 00 \p �0 0 0 0, 0% 00 00 \D e0 0 0 Ci H Q �' o �,h r Of r 7 -n '+ 00 O M h r V1 m m V1 00 00 D, �D M M .+ O N O�h00�ObOr ��-+ao���r oor OO�oo ooh \0M .. ~ M N N N ~MM .+ M --� N N N M M N N MM N N 0N M7 h�D�NM7h\Or OOTO•+N —N M7 h r %0 00000000000000... -� GooOOOOOO N N N N N N M M M M M M M M M M M M V h h h h h h h zzzzzzzzzzzzzzzzzzzzzzzzzz 0008.0088000008008800000000 ..7 L w �0 O .t D H a� cis O Q ftS uHU�� 0U�u�� jO O �-4 U o H 0 W O CID w'�wo f~ � � U C� • � a Z N N 0 � b r n N N h h r w 00 ens 00 00 ��' 0 0 F> 0°0 000 Cl) cn H O �� N N N N cY..7 H N NININ cry vi0 +a al N r � r cif �O � r- a N N 101010 0 10 c+1 00 UU G7 y Q Q 5I5 I i LJ EXHIBIT "B" CERTIFICATION I, Jan Marx, Mayor and Elaina Cano, Clerk of the Governing Body, do hereby authenticate and certify that the foregoing is a true and correct copy of Resolution 10299 (2011 Series), adopted by the City Council on September 6, 2011. DATE: 9 — %— J Ma�o'r DATE:—,?-7—z/ Elaina Cano, Clerk of the Governing Board WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. ATTEST: Q� DATE: / - . Elaina Cano, CMC City Clerk ®The City of San Luis Obispo is committed to include the disabled in all of its services, programs and ac WbF DOCUMENT Telecommunications Device for the Deaf (805) 781 -7410.