HomeMy WebLinkAbout06-07-2006 Sample Ballot - County of San Luis ObispoConsolidated General Election. Tuesday, November 7, 2006
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NOTICE....................................................
Your polling place may have been changed!
See back cover for location.
II RUCTIONS TO VOTEP�
USE ONLY THE ARKING DEVICE PROVIDED TO FIL THE OVAL.
USE ONLY A BLACK OR BLUE COLORED PEN OR PENCIL WHEN VOTING AN ABSENTEE BALLOT
CANDIDATES FOR ASSOCIATE JUSTICE OF THE SUPREME COURT; PRESIDING JUSTICE, COURT OF
APPEAL; OR ASSOCIATE JUSTICE, COURT OF APPEAL
• TO VOTE FOR A CANDIDATE FOR THE ABOVE OFFICES: FILL IN THE OVAL to the left of the word "YES"
after the candidate's name.
• TO VOTE AGAINST A CANDIDATE FOR THE ABOVE OFFICES: FILL IN THE OVAL to the left of the wont
"NO" after the candidate's name.
TO VOTE FOR ANY OTHER CANDIDATE OF YOUR SELECTION
• FILL IN THE OVAL to the left of the candidate's name.
• Where two or more candidates for the same office are to be elected, FILL IN THE OVAL to the left of the names
of all candidates for the office for whom you desire to vote. Do not exceed the number of candidates to be
elected (that information is given after the title of the office to be voted on, i.e. Vote for no more than Three)
TO VOTE FOR A QUALIFIED WRITE-IN CANDIDATE
• Write the person's name in the blank space provided for that purpose after the printed names of the other
candidates for the same office.
• FILL IN THE OVAL to the left of the name you have written in. IF THE OVAL IS NOT FILLED IN YOUR VOTE
WILL NOT BE COUNTED.
TO VOTE ON ANY MEASURE, FILL IN THE OVAL to the left of the word "YES" or to the left of the word "NO".
ALL DISTINGUISHING MARKS OR ERASURES ARE FORBIDDEN AND MAKE THE BALLOT VOID.
If you wrongly fill in an oval, tear or deface any portion of your ballot, return it to the Precinct Board member in the secrecy
sleeve and obtain another one. For an absentee ballot, replace the spoiled ballot in the I.D. Return Envelope, fill out the
appropriate lines, mark the SPOILED box and return it to the Elections office either by mail or in person.
HOW TO MARK YOUR BALLOT
IF YOU WANT YOUR VOTE TO COUNT THE BALLOT MUST BE MARKED AS SHOWN BELOW
STEP 1
Fill in the oval to the left of your selections. Make
sure the oval is filled in completely or your vote
may not be counted. See instructions above for
proper marking device.
STEP 2
After you have completed voting, place your
ballot, with the stub at the top in the secrecy
sleeve and hand into the Precinct Board Member
to remove the stub. If voting absentee, remove
the stub and return the ballot in the I.D. Return
Envelope by mail or in person.
PROPER USE OF THE SECRECY SLEEVE
The secrecy sleeve is designed to preserve the
confidentiality of your vote. Place the ballot in
the secrecy sleeve with the voting instructions
and the stub at the top. Follow the precinct
worker's instructions at the ballot box. This will
ensure that your ballot cannot be viewed while
it is inserted into the AccuVote machine.
CORRECT 44M
F8
ASSIS ANCE FOR VOTL
WITH
C.�
DISABILITIES
San Luis Obispo now offers voters with disabilities two options that
provide a private and independent voting environment.
ABSENTEE VOTING: Every voter is eligible to apply for a permanent
or regular absentee ballot. This allows a voter to receive their ballot
29. days prior to an election and to vote and return the ballot to the
County Clerk's Office or,any polling location in San Luis Obispo County
by election day.
AUTOMARK TERMINAL: San Luis Obispo County is proud to
introduce the AutoMARK ballot marking device to assist our voters with
marking their ballot. The device will be available in every polling place
on election day and at the County Clerk -Recorder's Office 29 days prior
to the election for early voting.
The AutoMARK is simple to use
The voter inserts the ballot and makes their selections using:
Touchscreen
or
Headphones with one of the following:
✓ Braille Keypad_:
✓ Sip & Puff Device (a personal ADA device)
✓ Foot Pedal (a personal ADA device)
The AutoMARK marks the voter's selections
on the ballot.
Voter deposits ballot in ballot box.
OTHER ASSISTANCE FOR VISUALLY, HEARING OR SPEECH IMPAIRED:
The Secretary of State's Office has a TDD (Telecommunications Device for the Deaf) to
provide elections information: 1-800-833-8683 (1 -800 -T1313 -VOTE). Audio Tapes and
Large Print format of the state ballot measures and Audio Tapes of local measures and
candidates are available from the Elections Department — 781-5228.
VOTERS WITH DISABILITIES ARE ENCOURAGED TO CONTACT THE
ELECTIONS OFFICE AT 781-5228 FOR ADDITIONAL INFORMATION
ABOUT ASSISTANCE
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VOTER'S PA r�HLET INFORMATION �)CTION
The Following Pages Contain
Voter Information Applicable to your Ballot
Which May Include Any/All of the Following Items:
• CANDIDATES' STATEMENTS
• BALLOT MEASURES
• ANALYSES
• ARGUMENTS, PRO & CON
This pamphlet section may not contain a statement for each candidate.
A complete list of candidates appears on the Sample Ballot. Each
candidate's statement in this pamphlet is volunteered by the candidate
and is printed at the expense of the candidate unless otherwise
determined by the governing body. Each candidate's statement is
printed in uniform format exactly as submitted by the candidate
ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE" PROPOSED
LAWS ARE THE OPINIONS OF THE AUTHORS
JUSTICES OF THE SUPREME COURT AND COURT OF APPEALS
These justices are on the ballot for confirmation elections as required by
law. The public votes Yes or No to retain each justice for these non-
partisan judicial offices. The Judicial Council website contains
information about the individual justices on the ballot for confirmation
http://www.courtinfo.ca.gov/courts/supreme/oustices
or
http•//www courtinfo.ca.goy/courts/courtsofappeal/2nd District/uustices
11 CAMPAIGN FINANCE REFORM
Among all state legislative candidates appearing on the ballot in San
Luis Obispo County, only the candidates listed below have pledged to
abide by campaign spending limits as specified in the California
Government Code. This is a result of Proposition 34 adopted by the
voters at the November 2000 General Election, and of a new statute
passed by the Legislature and signed by the Governor in 2001.
Candidates agreeing to the campaign spending limits also have the
opportunity to have a Statement of Qualifications printed in the local
sample ballot booklet, at their own expense.
33RD ASSEMBLY DISTRICT CANDIDATES
Sam Blakeslee, Republican Party
Robert E. Cuthbert, Democratic Party
VP -3 SL 011.008
STATEMENT OF CAI - ;ATE FOR
MEMBER OF THE STATE ASSEMBLY
33rd District
T OF CANDIDATE FOR
THE STATE ASSEMBLY
33rd District
SAM BLAKESLEE ROBERT CUTHBERT Age: 50
Occupation: Assemblyman Occupation: Youth Home Manager
Education and Qualifications: As your Assemblyman, I consider it a Education and Qualifications: The essential job of your Assembly
great honor to serve you and to represent the Central Coast in Member is to provide a connection between constituents' needs and
Sacramento. government, then to show leadership in driving the solutions that ought
to become law.
With my votes, I have been a steady voice for:
- fiscal accountability and a balanced budget
- local jobs and a strong economy
- protecting Proposition 13 and stopping tax hikes
- improved performance outcomes for education
With my legislation, I have been a champion for:
- increasing energy supplies and renewable energy
- ending gridlock at Los Osos while protecting taxpayers
- improving safety at Atascadero State Mental Hospital
- supporting local agriculture and open space
- resisting the onslaught of illegal immigration
Education and Professional Background:
- Bachelors & Masters Degrees —Geophysics, U.C. Berkeley
- Doctorate — Geological Sciences, U.C. Santa Barbara
- Research Scientist — Earthquake Studies & Geophysical Imaging
- General Securities Principle
- Certified Financial Planner
- Blakeslee & Blakeslee, President
I respectfully ask for your vote.
s/ Sam Blakeslee
After 23 years in the working class, I went to university. In 2001 1
graduated with a Bachelors Degree in Social Science (Magna Cum
Laude) from Cal Poly at San Luis Obispo.
First and foremost are quality of life issues. Voters are concerned with
the most immediate "bread and butter" issues.
These are the broad issues needing attention: developments impact on
the social and natural environments, a failing Health Care System,
increasing gas and housing costs, and the decline in decent salaries
and wages — the fading of the middle class.
We need market solutions for affordable housing. Teachers, police
officers, firefighters, and service workers, must be able to afford housing
in the communities they serve. We need reforms to make medications
and healthcare affordable. We need to hold big oil accountable.
These are the issues I want to be identified with and where my
performance in office should be judged. My three great children, my
wife, and I ask for your vote.
s/ Robert Cuthbert
SL 011-007
STATEMENT OF CANDIDA i < :AOR
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.3
San Luis Obispo County Community College District
PATRICK W. MULLEN Age: 45
Occupation: Appointed IncumbenUGovemmental and Community Relations
Director
Education and Qualifications: As a current Cuesta trustee, 23 year county
resident, and former Cuesta student and Cal Poly graduate, I am committed to
ensuring Cuesta College remains one of the premier community colleges in the
state. I am working hard to support more stable funding for the college and to
improve relations with faculty, staff and the community. I still have much
enthusiasm and energy to contribute to educating our students and training
future community leaders. My educational background includes a bachelor's
and master's degree in business administration from Cal Poly, San Luis Obispo.
My professional background of more than 26 years experience in management,
regulatory and governmental permitting, media and community relations
provides me with the personal and communication skills to help resolve conflicts
and build consensus among diverse groups and perspectives. This
combination of experience, dedication and skill will allow me to help build
morale, teamwork and the programs vital to Cuesta's mission of fife -long
learning, education and job training. A father of three school age children, I also
have a personal commitment to ensuring Cuesta remains a great college and
valuable community asset. I ask for your vote on November 7.
s/ Patrick W. Mullen
STATEMENT OF CANDIDATE FOR
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.4
San Luis Obispo County Community College District
PETER J. SYSAK
Occupation: Police Chief Cuesta College
Education and Qualifications: Cuesta College has provided for over 40
years, outstanding educational and occupational opportunities for our
community. This has been accomplished through the dedication (hard work) of
the College Board of Trustees, Administration, Management, Faculty and
Classified staff.
As your elected governing board trustee for the college district, it is my goal to
see that these successful academic programs continue.
Our south county community will need additional educational opportunities and I
will work in a supportive and collaborative manner to expand these
opportunities.
s/ Peter J. Sysak
STATEMa:'OF CANDIDATE FOR
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.4
San Luis Obispo County Community College District
MARQUIS "MARQ" MILLER
Occupation: Businessman
Education and Qualifications: I appreciate the community college system; this
is where my higher education began. Cuesta College is vital to our community
and the growth of its citizens by providing the opportunity for vocational training
and preparation for acceptance into the four year colleges and universities: 1
recognized that Cuesta College needs additional funding to meet it obligations .
However, in my opinion, during this or future times of economic uncertainty d is
fiscally irresponsible to place a bond on the ballot which will increase the
taxpayer's burden. Your support will be a vote for me to do the following:
-Vote NO on future motions for general obligation bond measures
-Establish a fiscal budget watchdog committee
-Expand vocational training
-Develop a housing program for students and faculty at no taxpayer cost
-Establish a revenue raisinglcost cutting program
-Ensure low cost education is available
-Continue a cooperative relationship with other Agencies
Myy public service as Director and Personnel Commissioner for the County.
Office of Education and Oceano CSD director coupled with my A.A., B.S. and
J.D. degrees will be a guiding li ht to my path of leadership and fiscal
responsbiliN in support of Cuesta College, its students, faculty and the Citizens
of San Luis Obispo County.
s/ Marquis "Marg" Miller
STATEMENT OF CANDIDATE FOR
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.4
San Luis Obispo County Community College District
MARIE "MAGGIE" KIERSCH
Occupation: Cuesta College Trustee
Education and Qualifications: My goal is to continue to be your advocate
on the Cuesta College Board of Trustees.
With your support, I am committed to:
Ensure responsible spending of tazppayers' dollars
-Maintain accessible and affordable education for all students
-Provide needed resources for classrooms
-Expand vocational training
-Maintain high academic standards
-Promote collaboration with other governmental agencies and private
as your trustee, my experience includes:
District's Interest -based Bargaining Team
-On the State Level: Student Housing Task Force
Member: CA Community College Trustees' Board of Directors
Commission on Educational Policy
Commission on the Future of CA Community Colleges
Advocate: CA Legislative Conferences
Participant: Community College Leadership Seminar
-On the National Level:
Delegate: Association of Community College Trustees
League for Innovation
Advocate: National Legislative Seminar
I take seriously the trust placed in me and will continue to work hard to be your
voice on the Cuesta College Board of Trustees.
Your vote for Marie "Maggie" Kiersch will be appreciated.
CS -MD -1 sL 111 1-41110
STATEMENT OF CANL, ;TE FOR
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.1
San Luis Coastal Unified School District
MARK BUCHMAN Age: 54
Occupation: Educator, Community -Youth Volunteer, Father, School -to -
Home Communications Specialist
Education and Qualifications: I believe children always come first,
and this guides my work. I've invested 25 years in public education as
a, college instructor, classified employee, and administrator. My
community service includes: eight years on the countywide PTA board,
eight years with SLO Child Abuse Prevention Council, and 18 years
promoting youth sports (2 years AYSO Regional Commissioner, charter
member of SLO Youth Sports Association).
I am a SLO City Joint Use of Fields Commissioner, on the "Ag in the
Classroom" Committee, the Live Oak Children's Area Coordinator, and
the Home -to -School Communications Advisor to 65 school districts.
View my full resume at smartvoter.org.
As a trustee I will work to: ensure all students achieve their individual
potentials, create budgets based on socially and ethically fiscal
responsibility, and close the achievement gap for the benefit of all
students.
To do this I will form an "Area 3" parent/student advisory group and
build coalitions with non -profits while working collaboratively with other
trustees.
Join my early supporters; former trustee presidents, Glenn Oelker,
Patricia Andreen and former County Superintendent of Schools Ken
Palmer; State Teachers of the Year, Betty Migliore and Carmen
Candelaria; and citizens Mary Jo Devit, Maria Slavin, and Lisa Fraser.
s/ Mark Buchman
STATEMENT OF CANDIDATE FOR DECLARAC16N DE CANDIDATO PARA
GOVERNING BOARD MEMBER, TRUSTEE AREA NO.1 MIEMBRO DE LA JUNTA GUBERNATNA, SINDICO DEL AREA NO.1
San Luis Coastal Unified School District Distrito Escolar Unificado Costero de San Luis
JOHN A. SPATAFORE Age: 56 JOHN A. SPATAFORE Edad: 56
Occupation: Appointed Incumbent; Lawyer Ocupacfdn: Titular Designado; Abogado
Education and Qualifications: My effectiveness as a School Board
member since 2005 is built on the invaluable experience I gained while
serving on the Superintendent's Advisory Committee, member and
Chair of the district's Personnel Commission, and as a member of the
Budget Reduction Committees. As our daughters progressed through
SLCUSD's excellent K-12 program, I saw the importance of dedicated
teachers and staff, which inspired my involvement as an elementary
classroom aide, middle school volunteer, and President of SLOHS
Black and Gold Booster's Club. I was also President of the SLO Youth
Sports Association, which developed the Damon -Garcia sports fields
and a program to improve school athletic facilities.
This broad 18 -year learning experience deepened my understanding of
the complexities of creating innovative programs for the district. It
provided me with the knowledge to give sound direction to
administrators regarding finances and curriculum, so every dollar spent
is maximized. This perspective also enables me to engage in creative
planning to insure that SLCUSD continues to meet the evolving needs
of every student, irrespective of background, providing them with the
best environment to learn everyday.
s/ John A. Spatafore
Educaci6n y Competencta: Mi eficacia como miembro de la Junta
Escolar desde 2005 se basa an la experiencia invaluable que obtuve
trabajando en el Comite Asesor del Superintendente, miembro y
Presidente de la Comisi6n de Personal del distrito, y tomo miembro de
Comites de Reducci6n de Presupuesto. A medida que nuestras hilas
avanzaron por el excelente programa de K-12 del SLCUSD, observe la
importancia de los maestros y el personal dedicados, Io que inspir6 mi
participation como auxiliar de aula primaria, voluntario de escuela
intermedia, y Presidente del Club Black and Gold Booster de SLOHS.
Tambien fui Presidente de la Asociaci6n de Deportes Juveniles SLO,
que desarrol16 el campo de deportes Damon -Garcia y un programa
para mejorar las instalaciones atieticas escolares.
Esta amplia experiencia de aprendizaje durante 18 anos profundiz6 mi
comprensi6n de las complejidades de crear programas innovadores
para el distrito. Me provey6 del conocimiento para brindar una
orientaci6n s6lida a los administradores en cuanto a las finanzas y el
plan de estudios, para que cada d6lar gastado se maximice. Esta
perspectiva tambien me permite participar en la planificaci6n creativa
para asegurar que el SLCUSD siga satisfaciendo las necesidades
emergentes de cada estudiante, independientemente de la formation,
proveyendolos del mejor entorno para aprender todos los dfas.
f/ John A. Spatafore
uoV uv1
SL Ott -009
STATEMENT OF CANDIL._. c FOR
MAYOR
City of San Luis Obispo
DONALD E. HEDRICK
Occupation: Businessowner/Artisan Welding Service
OF CANDIDATE FOR
MAYOR
City of San Luis Obispo
Age: 60 CHRISTINE MULHOLLAND
Occupation: City Councilmember
Education and Qualifications: I am entering the race for Mayor of San
Luis Obispo because I am concerned about the direction that our city
government is taking - a move from being focused on our unique
community and local needs to embracing more global special interests
which threaten the character of this town. I have been an active
member of this community for more than 30 years. As I built my artisan
welding business I have also made it a priority to be involved in the local
community. In the mid seventies I served on local boards of directors
on Grassroots II and as EOC treasurer in 1975. In the last decade I
have been active as the neighborhood watch in my neighborhood. I am
strongly connected to my community and my recent experiences with
changes in neighborhood zoning and a general shift in the focus of our
local government from local citizens to global interests have spurred me
to action.
Education and Qualifications: You have twice elected me to the City
Council and I have honored my commitments to you.
I am running for Mayor to give you an alternative to candidates whose
prodevelopment votes are indistinguishable.
I am the only candidate whose votes prove protecting our environment
and quality of life are my top priority.
I am the only candidate who has consistently voted to uphold our
General Plan that says new development should pay its own way.
Residents should not be forced to subsidize new development.
I am the only candidate to vote for preserving the character of our
award winning downtown. Other candidates vote for buildings taller
than our guidelines allow, which obscure hillside views and bring
I support the principles of slow and logical growth as embodied in our increased traffic to our downtown.
town's guiding principles for decades. I wish to represent the under I I have consistently voted to protect neighborhoods as great places to live.
represented factors in our society.
I ask for your support to return our town to its local goals.
s/ Donald E. Hedrick
STATEMENT OF CANDIDATE FOR
MAYOR
City of San Luis Obispo
JOHN EWAN
Occupation: Business Owner/City Council Member
I have worked to support local, independent businesses.
Because of my votes, I have been endorsed by business owners,
conservation groups and neighborhood associations. I have worked
hard to bring different groups together to work successfully for our
community's common good.
I have earned the reputation of being a hardworking Councilmember.
I ask for your vote so that I may continue to stand up for you.
s/ Christine Mulholland
STATEMENT OF CANDIDATE FOR
MAYOR
City of San Luis Obispo
Age: 56 DAVE ROMERO
Occupation: Mayor
Education and Qualifications: As your Mayor, I will use my
experience as a business owner (Pacific Energy Company, founded
1980), environmental advocate, former planning commissioner and 8
years City Councilman to move forward a clear and vital vision for our
City. I will listen to and develop community-based solutions rather than
imposing unresponsive government.
We must be mindful of the economic, environmental and social
implications of our decisions. With my understanding of economics and
managed growth, I have demonstrated the ability to negotiate effectively
and tackle complex issues. My contemporary approach to problem
solving, which reflects the style of our community, creates solutions that
implement our community's plans for tomorrow.
Mayoral leadership does not put personal agendas ahead of community
goals. I will put your money where it should be - guarding the safety of
our community and improving our City's infrastructure. 1 will renew our
focus on smart planning and quality of design as we move to build -out
of our general plan.
San Luis Obispo is a vibrant city that does not rest on its laurels or fear
planning the future.
I am the candidate with vision for our future.
Contact me at 543.9445 or email john@ewanformayor.com
s/ John R. Ewan
Education and Qualifications: As your current Mayor, Councilman for
8 years, and Public Works Director for 36, I've devoted over 48 years to
protecting and enhancing our city's unique quality of life. I'm known for
common sense, honesty, and keen negotiating skills. For years, I've
worked closely with officials from nearby cities (as Mayor and as
League of Cities Division President), with the Supervisors, with Cal
Poly, Cuesta, CMC, and our state and federal legislators.
With my extensive background and reputation, I have unmatched
qualifications to continue serving as Mayor. During my Mayor's terns,
our city made major progress in addressing housing problems,
obtaining a reliable long-term water supply, and in revitalizing
downtown.
Being retired, I can devote full-time effort to city issues. I will follow
through in resolving our water supply and housing needs, meeting
downtown parking needs, revitalizing downtown, and protecting and
preserving neighborhoods. I will continue to support acquisition of open
space, improved Senior Center Facilities, an aggressive program to
improve our streets, relieve traffic congestion, and improve our quality
of life.
I have dedicated my life to public service and will continue to be
accessible to everyone. I look forward to leading our City to an even
better future.
s/ Dave Romero
CS -0600-1 0L V1.-W.w
STATEMENT OF CAN[. TE FOR
MEMBER OF CITY CudNCIL
City of San Luis Obispo
TERRY MOHAN
Occupation: Truck Driver
STAT, ,TENT OF CANDIDATE FOR
MEMBER OF CITY COUNCIL
City of San Luis Obispo
Age: 52 TERRY W. CONNER
Occupation: Self -Employed Businessman
Education and Qualifications: I moved to San Luis Obispo, with my
wife and daughter, in 1994. We arrived here from Buffalo, NY with no
jobs and less than $3000. We've worked hard to establish ourselves in
the city we loved at first sight. We were attracted to San Luis Obispo
because of it's small city character. I feel that this quality is being
eroded by the decisions of the current City Council.
If given the opportunity to represent you on the San Luis Obispo City
Council I will work to represent your needs by controlling taxes and
spending, working to secure more workforce housing, make new
development pay for itself and help to maintain the quality of life that is
so important to the residents of our City, and my family.
Please cast your vote for me and help me continue to keep San Luis
Obispo as the place everyone else emulates.
s/ Terry Mohan
STATEMENT OF CANDIDATE FOR
MEMBER OF CITY COUNCIL
City of San Luis Obispo
ANDREW CARTER
Occupation: Planning Commissioner
Age: 59
Education and Qualifications: I moved to San Luis Obispo in 1953
when my father enrolled at Cal Poly, I attended local public schools,
graduated from San Luis Obispo High School in 1965, and obtained my
Bachelor of Science Degree in Journalism from Poly in 1971.
My wife, Stephanie, and I married in 1967. While attending Poly, we
started our family, worked full-time and I made time to compete in
wrestling and rugby. Our sons, Michael, 38 and Christopher, 36 also
attended local schools.
I've owned T&S Enterprises for 28 years as a multi -faceted recycling
business. Since 2005, the business focus is on media advertising and
marketing. Stephanie is an administrative assistant at a local school.
Active in SLO since 1976 , I've concentrated on various youth athletic
and recreational development programs, our City parks, and have
served as treasurer on several political campaigns.
I will strive to enhance business growth and regional transportation,
improve senior services and college student -community relations, and
seek solutions for affordable housing. I am a good listener and positive
thinker!
Energetic, mature and dedicated to the City of San Luis Obispo, I wish
to be more active in our City's future, and maintain my sense of humor.
I am the Common Sense Candidate!
s/ Tem W. Conner
STATEMENT OF CANDIDATE FOR
MEMBER OF CITY COUNCIL
City of San Luis Obispo
Age: 49 ALLEN K. SETTLE
Occupation: Council member/Educator
Education and Qualifications: I'm a downtown businessman,
husband, father of school -aged children, and community volunteer. I've
run twice before for City Council and been endorsed both times by The
Tribune..
I'm a member of the San Luis Obispo Planning Commission and the
Chamber of Commerce's Economic Development Committee. I've
served on the boards of the Workforce Housing Coalition, Residents for
Quality Neighborhoods, and the United Methodist Children's Center.
I'm a long-time Girl Scout volunteer.
My key interests are affordable housing and neighborhood quality. I've
supported senior housing and recreation projects, on -campus housing
at Cal Poly, and the Orcutt area and Margarita area specific plans. I
support code enforcement, traffic calming, and pedestrian safety
projects in our neighborhoods.
I'm an avid hiker and outdoorsman.I support open space preservation
of our hills, creeks, and greenbelt. I've supported expansion of our bike
trails and bus service.
I have a bachelor's degree from Princeton University and an MBA from
the Wharton School of Business. In six years of attending City Council
meetings, I've been a strong advocate for prudent fiscal management.
Education and Qualifications: I have lived in San Luis Obispo for 36
years. I am currently a member of the council and a professor
specializing in municipal government, finance, law and public
administration. My service record covering a period of twenty nine
years includes city planning commissioner, city council member and
mayor.
I am running for a council seat to continue improved traffic
management, road repair, senior services, public safety services,
housing opportunities, careful financial planning and careful land use
growth management policies.
I strive to reconcile environmental and business concerns with
emphasis on maintaining the small town atmosphere that makes San
Luis Obispo such a genuinely attractive place to live and work. I
support city control of land use surrounding the city. I support the green
belt around the city and waterway habitat preservation. I am a member
of the Local Agency Formation Commission and Airport Land Use
Commission.
I have worked to improve intergovernmental relations with other cities,
the county, the schools, and the university. I have also worked for
neighborhood preservation and continued communication with
neighborhood associations.
Please vote Andrew Carter for San Luis Obispo City Council. Thank Help me achieve these goals and objectives. I ask for your vote to be
you re-elected to council on November 7th.
Andrew Carter
yS-0610-1
s/ Alien K. Settle
SL
STATEMENT OF CANDID! FOR
COMMISSIONER
Port San Luis Harbor District
STEW JENKINS Age: 54
Occupation: Lawyer with experience in Maritime & Tidelands Law.
Education and Qualifications: Return Stew Jenkins to the Harbor
Commission to open the Point San Luis Lighthouse and 27 coastal
acres for public camping, and to protect fishing and fisheries.
I grew up in San Luis Obispo, riding my bike to swim and fish in Avila.
As a boy I hiked Point San Luis trail to tour the then working Coast
Guard Lighthouse.
Knowing first hand how important fishing and recreational resources
were, from 1979 — 1989 1 served as Port San Luis Harbor
Commissioner and:
Voted to create the salmon enhancement program, Protected
Avila and Port San Luis from Off -Shore Drilling impacts, Worked
to acquire the Lighthouse, Planned a public recreational
campground for 27 coastal acres, and Served as President of the
Commission.
But 17 years after leaving the Commission, the Lighthouse is neither
restored nor openly accessible, and the 27 acre campground has never
been opened.
I will return good stewardship to your Harbor:
Restore and open the Lighthouse for the public, Clean up the 27 -
acre coastal view tract for public camping & recreation, and Fight
for commercial & recreational fishing and fisheries. .
For action with experience to manage and restore your Harbor, elect
Stew Jenkins Port San Luis Harbor Commissioner.
s/ Stew Jenkins
STATEMENT OF CANDIDATE FOR
COMMISSIONER
Port San Luis Harbor District
DREW BRANDY
Occupation: Refired Fish & Game Warden
Age: 55
Education and Qualifications: Bachelor of Science / Natural Resource
Management: Cal Poly San Luis Obispo
I have fished and worked out of Port San Luis since 1981. 1 served as
Harbor Commissioner from 1996 to 2000. 1 am committed to our
environment and the preservation of the unique characteristics that
make Port San Luis special.
As your Harbor Commissioner, my priorities will be to:
Restore Harford pier so it is safe to walk and drive on.
Provide year round sport I commercial boat launching capabilities —
maintain a dredged basin.
Support controlled development for the Harbor Terrace acreage.
Listen to and involve all our citizens in district decisions.
Work with District and Avila community businesses to enhance their
operations.
Be an Ambassador for Port San Luis.
As your past Marine Game Warden for 25 years, I still am in regular
contact with fishermen, business owners, and recreational users at Port.
Couple my very real involvement with the activities of the Port and 11
years of local government experience, I am your qualified candidate for
Harbor Commissioner. I truly enjoyed serving as your commissioner in
the past and welcome the opportunity to do so again.
Thank you for your vote of confidence.
s/ Drew Brandy
DECLAR/ `N DE CANDIDATO PARA
.AMISIONADO
Distrito del Puerto de Port San Luis
STEW JENKINS Edad: 54
Ocupaci6n: Abogado con experiencia an Derecho Maritimo y Terrenos
Inundados por la Marea.
Educaci6n y Competencia: Regresar a Stew Jenkins a la Comisi6n
del Puerto para abrir el Faro de Point San Luis y 27 acres costeros para
acampada publics, y para proteger la pesca y la industria pesquera..
Creci en San Luis Obispo, y siempre iba en mi bicicleta a nadar y
pescar en Avila. De muchacho andaba a pie por el Sendero de Point
San Luis para recorrer el Faro de la Guardia Costera que en ese
entonces funcionaba.
Al saber de primera mano la importancia que tenian los recursos
pesqueros y recreativos, desde 1979 —1989 trabaje como Comisionado
del Puerto de Port San Luis y:
Vote para crear el programa para mejorar el salm6n, Protegi a
Avila y Port San Luis de los impactos de la Perforacibn Mar
Adentro, Trabaje para adquinr el Faro, Planifique un campamento
recreativo publico en 27 acres costeros, y Servi como Presidente
de la Comisi6n.
Pero 17 anos despues de dejar la Comisi6n, el Faro no esta restaurado
ni disponible al acceso publico, y nunca se ha abierto el campamento
de 27 acres.
Regresare la buena administraci6n a su Puerto:
Restaurar y abrir el Faro para el publico, Limpiarla extensi6n de
paisaje costero de 27 acres para acampada y recreaci6n publica,
y Luchar por la pesca recreativa y la industna pesquera
comercial.
Para una acci6n con experiencia para administrar y restaurar su Puerto,
elija a Stew Jenkins como Comisionado del Puerto de Port San Luis.
fl Stew Jenkins
STATEMENT OF CANDIDATE FOR
COMMISSIONER
Port San Luis Harbor District
BRIAN CRAIG KREOWSKI, JD, ESQ. Age: 43
Occupation: Port San Luis Harbor Commissioner (Incumbent); Licensed
& Practicing Attorney; Professor of Political Science (Cuesta College);
Vice -President, Dinosaur Caves Preservation Society; Co -Founder,
Central Coast Aquarium Society; Founding Member, Shell Beach
Improvement Group.
Education and Qualifications: My family has lived in San Luis Obispo
County for more than 30 years. I am a graduate of Arroyo Grande High
School, attended Cuesta College and graduated from Cal -Poly with a
B.A. in Political Science. I funded my undergraduate studies through
working as a Part-time maintenance worker for the Port San Luis
Harbor District. I then attended and graduated from California Western
School of Law, achieving my Juris Doctorate, and became a member of
the California Bar in 1992.
My extensive experience with non-profit organizations, economic
planning groups and professional experience, have firmly established
my reputation and commitment to preserving and promoting our central
coast lifestyle and environmentally and economically sound uses of our
community's resources. As your Harbor Commissioner, I have actively
pursued collaborative policies and goals for the District and worked to
promote the District's Master Plan, which is a long term economic plan
for the District.
As an educator, I am passionate about the study of our local history and
culture, which was intimately, shaped by the development of our harbor
and its district, and I am committed to preserving, protecting and
promoting our history to the general public and our schools.
s/ Brian Craig Kreowski
CS -0665-1 SL 011-012
COUNTY OF SAN L( )BISPO
IMPARTIAL ANALYSIS 00 -MEASURE J-06
This measure will determine whether the San Luis Obispo County
General Plan, Title 22, of the County Code, and the Official Maps shall
be amended to allow for development of the Dalidio Ranch property
("the property").
If the measure passes, the General Plan will be amended, adding
"The Dalidio Ranch Land Use Category," which will apply only to the
property. The measure adds provisions to Title 22, creating a specific
zoning area, intended to conform to and be consistent with the
proposed "Dalidio Ranch Land Use Category." The measure mandates
ministerial grants of applications for development within the zoning
area, removing almost all discretionary decision-making from the
County over the use and development of the property.
The measure provides for development of the property to permit
the following: (1) construction of approximately 530,000 square feet of
commercial or retail space, 30,000 square feet of outdoor sales space,
and a 150 -room, 4 -story, hotel; (2) provision of up to two soccer fields, a
family-oriented recreational area, a farmer's market and incidental
facilities, pedestriantbicycle trails, and relocation of the Victorian House
and Barn from its present location to a separate setting on the property; SEE NEXT PAGE FOR ARGUMENTS
(3) construction of up to 60 residential units and 198,000 square feet of
office. space. The measure provides for conservation of open space for
part of the property, and for service of the proposed uses through
private on-site water supply and sewage disposal systems.
The proponents of the measure have created numerous
development features called 'conditions of approval," including a $4
million conditional deposit that could be applied toward design and
construction of a Highway 101 overpass at Prado Road.
If the measure passes, the Dalidio Ranch Land Use Category will
be exempt from all other existing County regulations, guidelines,
ordinances, and code provisions that regulate land use - and
development, including Title 22 and Title 26 (the Growth Management
Ordinance). The California Environmental Quality Act (CEQA) will not
require a study of the General Plan amendment, the new Dalidio Ranch
provisions of Title 22 or subsequent ministerial development approvals.
CEQA will apply to any needed state agency approvals, and any
needed approvals under the Subdivision Map Act.
If the measure passes, it may be legally challenged on the grounds
that it is beyond the power of the electorate to enact because: (1) it
attempts to mandate administrative acts rather than just legislative acts,
and (2) it deals with an issue of statewide concern (the amendment of
the General Plan within the jurisdiction of the Airport Land Use
Commission).
A yes vote on this measure is a vote in favor of amending the
General Plan and Title 22 to allow for ministerially approved
development of mixed uses on the Dalidio Ranch Property, as provided
in the measure.
A no vote on this measure is a vote against amending the General
Plan and Title 22 to allow for ministerially approved development of
mixed uses on the Dalidio Ranch Property, as provided in the measure.
S/ JAMES B. LINDHOLM, JR.
County Counsel
The above is an impartial analysis of Measure J-06. If you desire a
copy of the measure, please contact the elections official's office
at 781-5228 and a copy will be mailed at no cost to you. You may
also access the full text of the measure on the county Web site at
httpJAwww.slocounty.ca.gov/clerk
rnva i u• i
SL 011-013
ARGUMENT IN FAVOR OF MEA, E J-06
The Dalidio family has lived in San Luis Obispo for over 125 years,
living and working on a ranch near Madonna Road and Highway 101 for
87 years.
Houses and businesses now surround Dalidio Ranch, making traditional
farming impossible.
For nearly decade, potential uses of Dalidio Ranch have been studied
and debated. Measure J was developed, reworked and improved after
extensive community input and thorough expert review, including two
full Environmental Impact Reports.
Measure J will set aside acres for public use, open space, an organic
farm, fanners market, and recreation areas. A scaled back retail center
will bring new jobs and revenue for fire protection, paramedics, sheriffs,
roads, and schools throughout San Luis Obispo County.
The plan has been put to a vote throughout San Luis Obispo County
because Dalidio Ranch lies on unincorporated county land. 18,000 San
Luis Obispo County voters signed petitions asking to vote on Measure
J.
A Yes vote on Measure J will approve a balanced plan that honors the
property rights of the Dalidio family and sets aside Dalidio Ranch for:
• An extension of the Bob Jones hiking and biking trail
• A natural habitat preserve and viewing area
• A 13 -acre organic farm
• A 7 -day -a -week farmers market
• Youth sports fields and family recreation area
• 60 workforce housing units
• A retail center scaled back to reflect community input and designed
to appeal to the region's consumers
• The historic ranch house and bam, preserved for public use
Measure J will benefit residents throughout San Luis Obispo County by
requiring developers to contribute more than their fair share for road
improvements and providing funding for essential services without
raising taxes, including:
Vote "NO" on J-06 and send these developers back through the
$2.5 million per year for fire protection, paramedics, sheriffs and planning process, just like everyone else.
other county services
$500,000 per year for local schools
$10 million for local road and traffic improvements
MEASURE J-06
If it sounds too good to be true, itis!
Vote "NO" on Measure J-06, the Initiative that would subsidize the Los
Angeles and Texas developers' 500,000+ square foot mega -mall project
and allow them to write their own rules.
The Initiative's unrealistic time and dollar estimates mask the project's
negative impacts and real costs to County taxpayers.
In addition to the losses that will be incurred by other local Cities, the
City of San Luis Obispo has stated that it will suffer a net loss of $1
million each and every year.
This Initiative sets a dangerous precedent by allowing a developer to
circumvent public participation and review of project impacts.
While this Initiative seems to promote democratic practices, the
developers' strategy actually takes land use, traffic and other decisions
out of the hands of residents by bypassing review by local government.
The developers will avoid paying their fair share, leaving County
taxpayers to pay for the Prado Interchange and other needed road
improvements, including to Highway 101. Although CalTrans' states
that the Prado Interchange will cost as much as $39,000,000 in 2006,
with their special deal, the developers are committing only $4,000,000
tied to that use.
As a result, neither the Prado Interchange nor other road improvements
needed to support the project will be built in the foreseeable future.
This will cause significant slowing of traffic along Highway 101 and its
ramps located adjacent to the project. All the traffic generated will be
funneled onto Madonna Road. With more than 20,000 additional car
trips per day, there will be more traffic on Madonna Road than on
Highway 46!
Support local control. Make these developers play by the rules and pay
their fair share.
Please visit www.dalidioranch.com and vote Yes on J.
s/ Howard D. Mankins
Former Member, San Luis Obispo County Board of Supervisors
s/ Dodie Williams
Former Member, San Luis Obispo City Council
s/ Bill Thoma
Business Owner, San Luis Obispo
s/ Lee Ferrero
Former Chairman, San Luis Obispo Chamber of Commerce
s/ John R. Linn
Business Owner, Cambria
s/ Cydney Holcomb
V.P., County Coalition for Local Control
s/ Dominic Perello
Professor Emeritus of Economics, Cal Poly
s/ Michael Winn
Vice -President, Nipomo Community Services District
s/ Allen Settle
Vice -Mayor, City of San Luis Obispo
s/ James R. Patterson
County of San Luis Obispo. Supervisor
PR•0910-2 Q16W, "„�
REBUTTAL TO ARGUMENT IN (. SJR OF MEASURE J-06
A dangerous precedent will be set if these developers win and
demonstrate they can get approval by countywide initiative. Our
tradition of local control has fostered this County's collection of unique
towns. That tradition is being attacked.
By using countywide initiatives, every developer can avoid local review.
Your community could be threatened next.
These developers want you to ignore obvious problems until after the
Initiative becomes law:
• snarls of local and freeway traffic without a new interchange
• acres of prime farmland paved over
• inadequate flood, emergency, fire and police protection
• taxpayers burdened with infrastructure costs
• a sewage treatment plant in the middle of town
AGAINST MEASURE J-06
Opponents of Measure J deliberately mislead voters with untrue
statements.
Here are the facts:
• The Dalidio family who has farmed in this county for over 125
years can't farm the land anymore due to development on all sides
of the farm.
• Measure J would permanently set aside significant acreage of the
Dalidio farm for a natural habitat, hiking and biking trails, sports
fields as well as a 13 -acre organic farm.
• In exchange, the family would be allowed to build no more than 60
units of critically needed housing, a high quality retail center (much
smaller than what was already approved by the city of San Luis
Obispo) ,and a daily farmers market selling fresh organic produce.
• Costs of road construction will be bome by the project and
taxpayers will not have to pay a penny.
• Over $3,000,000 a year in sales and property taxes will be
generated by this project and every penny will stay in our
community to benefit local schools and public safety.
Normal development review requires identifying problems and finding
solutions beforehand. Accountability should be demanded of these ' $10,000,000 will be set aside for road improvements.
developers, not vague promises. • Opponents say Measure J is undemocratic, yet the San Luis
Obispo City Council previously voted to approve a larger retail
In addition, every community will feel the pinch from subsidizing this project on Dalidio Ranch after certifying a full Environmental
huge mall. Sales and occupancy tax paid to the County will drain Impact Report. Now voters get the final say.
revenues from every City budget.
We want this land to be enjoyed by future generations and to benefit
Developers are one-sidedly reducing their "fair share" of the project's this community for years to come. We hope you consider the benefits to
costs at county taxpayers' expense. our community. Please vote yes.
With continually escalating construction costs, there is no limit on the
final bill to county taxpayers. But the Prado Interchange needed for this
project alone will cost $3,000.000+ or more annually for 30 years,
exceeding any tax benefits to the County.
Clearly, this project will create traffic congestion and cost the County
and each individual City big money. But how much?
Visit the website at www.nomeasureJ.ora.
Too much traffic, too much money!
Vote No on Measure J-06.
s/ Michael Boswell
Professor of City & Regional Planning, Cal Poly
s/ Ed Eby
Chairman, South County Advisory Council
s/ George Luna
Member, Atascadero City Council
s/ Ian Irving McMillan II
Rancher
s/ Betty Winholtz
Member, Morro Bay City Council
s/ Harry L. Ovitt
Member, San Luis Obispo County Board of Supervisors
s/ Howard D. Mankins
Former Member, San Luis Obispo County Board of Supervisors
s/ Dodie Williams
Former Member, San Luis Obispo City Council
s/ Bill Thoma
Business Owner, San Luis Obispo
s/ Dee Lacey
Cattle Rancher, Paso Robles
NH -0910.3 SL 011-015
CITY OF SAN
FULL TEXT OF
ORDINANCE NO.1495 (2006 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADDING CHAPTER 3.15 TO THE.MUNICIPAL CODE, "ESSENTIAL
SERVICES TRANSACTIONS (SALES) AND USE TAX," TO SUNSET
IN EIGHT YEARS, WITH CITIZEN OVERSIGHT AND INDEPENDENT
ANNUAL FINANCIAL AUDITS, TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
WHEREAS, the City of San Luis Obispo is facing significant fiscal
challenges in providing essential community services such as
neighborhood street paving and pothole repair, traffic congestion relief,
police protection, fire and paramedic services, flood protection, senior
citizen services and facilities, neighborhood code enforcement, open
space preservation and other vital general purpose services; and
WHEREAS, this is largely due to State budget takeaways, which
have cost the City more than $22 million over the last 15 years, and
now costs the City $3 million each and every year; and
WHEREAS, Proposition 1A, adopted by the voters of California in
November 2004, helps protect the City from additional State takeaways
in the future, it does not restore any of the past or current State
takeaways; and as such, the City continues to lose $3 million each and
every year in State budget takeaways, and this is going to be the case
indefinitely into the future; and
WHEREAS, in responsibly balancing its budget, the City has been
forced to cut back significantly on essential community services, such
as reducing overall infrastructure maintenance by 50%; cutting street
paving and pothole repair by 67% (which meant eliminating the
neighborhood street paving and pothole repair program); reducing
sworn police positions (including traffic enforcement); removing virtually
all City funding for flood protection or storm drain maintenance projects;
discontinuing City funding for open space ppreservation (which has been
successful in the past in leveraging over $7 million igrantsand other
outside funding sources); and cutting other vital general purpose
services; and
WHEREAS, while it has been prudent to do so in the past as a
stop -gap measure, the City cannot continue to use its reserves in
mitigating even deeper cuts to essential services; and
WHEREAS, new revenues will be needed in order to restore cuts
in essential services and provide vital general purpose services in the
future; and
WHEREAS, a City -adopted sales tax is an appropriate way of
adding new funds, since: the current sales tax rate in the City is the
lowest in the State, and as such, even with an increase of Yx-cent, it will
be equal to or lower than the rate paid by 85% of the State's residents;
it is broad-based and does not single -out any one type of consumer,
business or industry; basic commodities and services like housing, food
and prescription drugs are exempt from sales taxes; and over 50% of
the proceeds will be paid by non-residents.
NOW, THEREFORE, BE IT ORDAINED by the Council and the
Voters of the City of San Luis Obispo as follows:
SECTION 1. TITLE. This ordinance shall be known as the "City
of San Luis Obispo Essential Services Transactions (Sales) and Use
Tax Ordinance." The City of San Luis Obispo hereinafter shall be called
the "City." This ordinance shall be applicable in the incorporated
territory of the City.
SECTION 2. PURPOSE. This ordinance is adopted to achieve
the following, among other purposes, and directs that the provisions
hereof be interpreted in order to accomplish those purposes:
A. To protect a.,naintain essential services — such as
neighborhood street paving and pothole repair; traffic congestion relief;
public safety, including restoring eliminated traffic patrol, Fire Marshal
and fire/paramedic training positions; flood protection; senior citizen
services and facilities; neighborhood code enforcement; open space
preservation; and other vital general purpose services — by establishing
a general purpose retail transactions and use tax of one-half percent in
accordance with the provisions of Part 1.6 (commencing with Section
7251) of Division 2 of the Revenue and Taxation Code and Section
7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this
general purpose tax ordinance, which shall be operative if two-thirds of
the Council and a majority vote of the electors voting on the measure,
vote to approve the establishment of this new general purpose revenue
source at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that
incorporates provisions identical to those of the Sales and Use Tax Law
of the State of California insofar as those provisions are not inconsistent
with the requirements and limitations contained in Part 1.6 of Division 2
of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that
imposes a tax and provides a measure therefore that can be
administered and collected by the State Board of Equalization in a
manner that adapts itself as fully as practicable to, and requires the
least possible deviation from, the existing statutory and administrative
procedures followed by the State Board of Equalization in administering
and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that
can be administered in a manner that will be, to the greatest degree
possible, consistent with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, minimize the cost of collecting the
transactions and use taxes, and at the same time, minimize the burden
of record keeping upon persons subject to taxation under the provisions
of this ordinance.
SECTION 3. EIGHT-YEAR SUNSET. The authority to levy the
tax imposed by this ordinance shall expire eight years from the
operative date of this ordinance, unless extended by the voters.
SECTION 4. FISCAL ACCOUNTABILITY PROVISIONS:
CITIZEN OVERSIGHT AND INDEPENDENT ANNUAL FINANCIAL
AUDITS. Along with the City's ongoing commitment to citizen
involvement as a fundamental principle of good government, specific
citizen oversight and fiscal accountability provisions are hereby
established as follows:
A. Independent Annual Financial Audit. The amount
generated by this new general purpose revenue -source and how it was
used shall be included in the annual audit of the City's financial
operations by an independent certified public accountant.
B. Integration of the Use of Funds into the City's Budget
and Goal -Setting Process. The estimated revenue and proposed use
of funds generated by this measure shall be an integral part of the City's
budget and goal setting process, and significant opportunities will be
provided for meaningful participation by citizens in determining priority
uses of these funds.
C. Annual Community Report. A written report will be
provided annually to every household in the community detailing how
much revenue is being generated by the measure and how funds
are being spent.
D. Annual Citizen Oversight Meeting. An invitation will be
extended each year to the entire community inviting them to participate
in a forum to review and discuss the use of the revenue generated by
this measure. City staff will also be available to meet with any group
that requests a specific briefing with their members to discuss and
answer questions about the revenues generated by the measure and
their uses.
SECTION 5. TRANSACTIONS (SALES) TAX RATE. For the
privilege of selling tangible personal property at retail, a tax is hereby
imposed upon all retailers in the incorporated territory of the City at the
rate of 0.5% of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail in said territory on and after the
operative date of this ordinance.
PR -1040.1 SL 011-016
SECTION 6. USE TAX RATE. Aj'� ',ise tax is hereby imposed
on the storage, use or other consumK- h in the City of tangible
personal property purchased from any retailer on and after the operative
date of this ordinance for storage, use or other consumption in said
territory at the rate of 0.5% of the sales price of the property. The sales
price shall include delivery charges when such charges are subject to
state sales or use tax regardless of the place to which delivery is made.
SECTION 7. OPERATIVE DATE. "Operative Date" means the
first day of the first calendar quarter commencing more than 110 days
after the adoption of this ordinance: April 1, 2007.
SECTION 8. CONTRACT WITH STATE. Prior to the operative
date, the City shall contract with the State Board of Equalization to
perform all functions incident to the administration and operation of this
transactions and use tax ordinance; provided, that if the City shall not
have contracted with the State Board of Equalization prior to the
operative date, it shall nevertheless so contract and in such a case the
operative date shall be the first day of the first calendar quarter following
the execution of such a contract.
SECTION 9. PLACE OF SALE. For the purposes of this
ordinance, all retail sales are consummated at the place of business of
the retailer unless the tangible personal property sold is delivered by the
retailer or his agent to an out-of-state destination or to a common carrier
for delivery to an out-of-state destination. The gross receipts from such
sales shall include delivery charges, when such charges are subject to
the state sales and use tax, regardless of the place to which delivery is
made. In the event a retailer has no permanent place of business in the
State or has more than one place of business, the place or places at
which the retail sales are consummated shall be determined under rules
and regulations to be prescribed and adopted by the State Board of
Equalization.
SECTION 10. ADOPTION OF PROVISIONS OF STATE LAW.
Except as otherwise provided in this ordinance and except insofar as
they are inconsistent with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code are hereby adopted and made a part of this ordinance
as though fully set forth herein.
SECTION 11. LIMITATIONS ON ADOPTION OF STATE LAW
AND COLLECTION OF USE TAXES. In adopting the provisions of
Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the
taxing agency, the name of this City shall be substituted therefor.
However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State
Controller, State Treasurer, State Board of Control, State Board of
Equalization, State Treasury, or the Constitution of the State of
California;
2. The result of that substitution would require action to be
taken by or against this City or any agency, officer, or employee thereof
rather than by or against the State Board of Equalization, in performing
the functions incident to the administration or operation of this
Ordinance.
3. In those sections, including, but not necessarily limited to
sections referring to the exterior boundaries of the State of California,
where the result of the substitution would be to:
a. Provide an exemption from this tax with respect
to certain sales, storage, use or other consumption of tangible personal
property which would not otherwise be exempt from this tax while such
sales, storage, use or other consumption remain subject to tax by the
State under the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code, or,
b. Impose this tax with respect to certain sales,
storage, use or other consumption of tangible personal property, which'
would not be subject to tax by the state under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence
thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation
Code.
B. The word T all be substituted for the word "State" in the
phrase "retailer engag in business in this State" in Section 6203 and
in the definition of that phrase in Section 6203.
SECTION 12. PERMIT NOT REQUIRED. If a seller's permit has
been issued to a retailer under Section 6067 of the Revenue and
Taxation Code, an additional transactor's permit shall not be required by
this ordinance.
SECTION 13. EXEMPTIONS AND EXCLUSIONS. The following
transaction shall be exempted and excluded:
A. There shall be excluded from the measure of the transactions
tax and the use tax the amount of any sales tax or use tax imposed by
the State of California or by any city, city and county, or county pursuant
to the Bradley -Bums Uniform Local Sales and Use Tax Law or the
amount of any state -administered transactions or use tax.
B. There are exempted from the computation of the amount of
transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or
petroleum products, to operators of aircraft to be used or consumed
principally outside the county in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States,
or any foreign government.
2. Sales of property to be used outside the City which is
shipped to a point outside the City, pursuant to the contract of sale, by
delivery to such point by the retailer or his agent, or by delivery by the
retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the City shall be
satisfied:
a. With respect to vehicles (other than commercial
vehicles) subject to registration pursuant to Chapter 1 (commencing
with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in
compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with
Section 9840) of the Vehicle Code by registration to an out -of -City
address and by a declaration under penalty of perjury, signed by the
buyer, stating that such address is, in fact, his or her principal place of
residence; and
b. With respect to commercial vehicles, by
registration to a place of business out -of -City and declaration under
penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is
obligated to fumish the property for a fixed price pursuant to a contract
entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing
sale of such property, for any period of time for which the lessor is
obligated to lease the property for an amount fixed by the lease prior to
the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this
section, the sale or lease of tangible personal property shall be deemed
not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is
exercised.
C. There are exempted from the use tax imposed by this
ordinance, the storage, use or other consumption in this City of tangible
personal property:
1. The gross receipts from the sale of which have been
subject to a transactions tax under any state -administered transactions
and use tax ordinance.
2. Other than fuel or petroleum products purchased by
operators of aircraft and used or consumed by such operators directly
and exclusively in the use of such aircraft as common carriers of
persons or property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the laws of this
State, the United States, or any foreign government. This exemption is
in addition to the exemptions provided in Sections 6366 and 6366.1 of
the Revenue and Taxation Code of the State of California.
SL 011-017
3. If the purchaser is obligated to purl, :the property for a
fixed price pursuant to a contract entered into prior to the operative date
of this ordinance.
4. If the possession of, or the exercise of any right or power
over, the tangible personal property arises under a lease which is a
continuing purchase of such property for any period of time for which
the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this
section, storage, use, or other consumption, or possession of, or
exercise of any right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the
unconditional right to terminate the contract or lease upon notice,
whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged
in business in the City shall not be required to collect use tax from the
purchaser of tangible personal property, unless the retailer ships or
delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or
receiving the order, either directly or indirectly, at a place of business of
the retailer in the City or through any representative, agent, canvasser,
solicitor, subsidiary, or person in the City under the authority of the
retailer.
7. "A retailer engaged in business in the City" shall also
include any retailer of any of the following: vehicles subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, or undocumented vessels
registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any
purchaser who registers or licenses the vehicle, vessel or aircraft at an
address in the City.
D. Any person subject to use tax under this ordinance may credit
against that tax any transactions tax or reimbursement for transactions
tax paid to a district imposing, or retailer liable for a transactions tax
pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or
other consumption of which is subject to the use tax.
SECTION 14. AMENDMENTS. All amendments subsequent to
the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which
are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the
Revenue and Taxation Code, and all amendments to Part 1.6 and Part
1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this ordinance, provided however, that no such
amendment shall operate so as to affect the rate of tax imposed by this
ordinance.
SECTION 15. ENJOINING COLLECTION FORBIDDEN.
No injunction or writ of mandate or other legal or equitable process shall
issue in any suit, action or proceeding in any court against the State or
the City, or against any officer of the State or the City, to prevent or
enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required
to be collected.
SECTION 16. SEVERABILITY. If any provision of this ordinance
or the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provision to
other persons or circumstances shall not be affected thereby.
SECTION 17. EFFECTIVE DATE: This ordinance relates to the
levying and collecting of the City transactions and use taxes and shall
take effect immediate[y.
SECTION 18. CODIFICATION. Upon adoption of this Ordinance
by the voters, the City Clerk, in consultation with the City Attorney, is
hereby authorized and directed to codify this Ordinance in the City's
Municipal Code.
PR -1040.3
IMPARTIAL At' 'SIS OF MEASURE Y-06
If approved by a majority of the voters voting on the measure,
Measure Y-06 will authorize an additional 'h -cent sales tax within the
City of San Luis Obispo. This Y2 -cent sales tax would be a "general-
purpose tax," meaning that the revenue raised from the tax would go
into the City's general fund and could be used for any municipal
governmental purpose. Municipal governmental purposes encompass
street paving, traffic congestion relief, police protection, fire and
paramedic services, flood protection, senior citizen services, open
space preservation, and other governmental functions and services.
The City would not be bound to use these tax monies for any special
purpose or for any particular projects, facilities or programs.
California Revenue and Taxation Code section 7290
authorizes the City of San Luis Obispo to levy a transactions and use
tax (sales tax) at a 0.5 percent ('/2 -cent) rate so long as the tax is
approved by two-thirds of the City Council and a majority of the voters
voting in an election on that issue. The City Council unanimously
approved this tax on August 1, 2006. If approved by the voters, the
Measure Y-06 sales tax would become effective on April 1, 2007.
This 'h -cent sales tax would be paid in addition to current
sales taxes. The current sales tax within the City (including state and
local sales taxes) is 7.25 percent. If Measure Y-06 is approved by the
voters, the total sales tax would be 7.75 percent. This Y2 -cent sales tax
would be collected at the same time and in the same manner as
existing sales taxes.
Measure Y-06 contains the following fiscal accountability
provisions to assist citizens in assessing 'rf the additional sales tax
revenues have been used in meeting community priorities: 1) the
amount generated by the new revenue source and how it was used
shall be included in the annual audit of the City's financial operations by
an independent certified public accountant; 2) the estimated revenue
and proposed use of funds generated by this measure shall be a part of
the City's budget and goal setting process, which provides for
participation by citizens in determining priority uses of these funds; 3)
an annual written report will be provided to every household in the City
explaining how much revenue is being generated by the measure and
how funds are being spent; and 4) a citizen oversight meeting will be
scheduled annually to allow for review and discussion of the use of
revenue generated by this measure.
The 1/2 -cent sales tax would sunset and be repealed in eight
years, and could not be collected after that time unless a majority of the
voters voting in an election on that issue approves an extension or re-
authorization of the tax.
Respectfully submitted,
s/ Jonathan Lowell
City Attorney
ARGUMENT IN FAVOR O�ASURE Y-06
Keep San Luis Obispo our special place. For the future of SLO,
vote YES ON Y.
The State has taken away $22 -million from SLO during the past 15
years and continues to take $3 -million every year to balance its budget.
These takeaways have forced SLO to cut essential services.
• YES ON Y gives San Luis Obispo local control — all funds
generated will remain here.
• YES ON Y restores essential neighborhood services, such as
street paving and pothole repair.
• YES ON Y helps relieve traffic congestion.
• YES ON Y keeps our community safe by restoring police and fire
positions that had to be cut.
• YES ON Y provides urgently needed money for flood protection
and storm drain repair.
• YES ON Y ensures essential programs and facilities for our
growing senior population.
• YES ON Y allows the City to restore funding for open space
protection and acquisition, a program that has been all but
eliminated in recent years.
The sales tax rate in SLO is currently at the lowest level in the
state. Even with this minor increase, our rate will be the same or lower
than that paid by 85% of the state's residents.
• YES ON Y is a low cost, high impact solution. Non-residents and
tourists will oav over half. Santa Maria has been at this rate for
over 16 years.
• YES on Y has strong public safeguards to ensure that funds will be
spent as residents prefer: independent audits, citizen oversight,
including yearly reports to every household, and an 8 -year "sunset
provision so the Measure will go back to voters for reauthorization.
More retail development won't fix the problem. It would take NINE
Costco's to generate the same amount of revenue.
SLO's belt is simply out of notches. Please join us in protecting
SLO's future. Vote YES ON Y.
s/ Mary Verdin, Chair, Chamber of Commerce
s/ Karen Merriam, Chair, Santa Lucia Chapter Sierra Club
s/ Pierre Rademaker, Past President, SLO Downtown Association
sl Agatha Reardon, Vice President, SLO Senior Citizens Center
s/ Sandi Sigurdson, Executive Director, SLO Symphony
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE Y-06
Proponents paint an appealing picture of how San Luis Obispo will
use Measure Y revenues.
But 'promises" about use of Measure Y funds are unenforceable.
There's no requirement Measure Y revenues be used only for "essential
services." By law, this money can be used for any "general purpose"
the City wishes, and cannot be earmarked.
Voters have every right to be skeptical. For example, our General
Plan says development pays its own way, yet San Luis Obispo
continues to offer developers financial subsidy.
• Last year, voters rejected a multimillion dollar sales tax rebate the
City had offered Marketplace developers.
• Yet the same day the City Council olaced Measure Y on the ballot
it also authorized pursuing another subsidized Private development
(Garden Street Terraces). Its features include:
• $2.4 million cash advanced to the developer by the City.
• Valuing a City parking lot being transferred to the developer at
$1.5 million instead of its $5 million appraised value.
• Rebate of most new property tax from the development for 30
years.
Basic resident services should be San Luis Obispo's first priority.
Please send a message to City Hall to put first things first.
Please vote no on Measure Y.
s/ Peg Pinard, Fortner Mayor/Fortner County Supervisor
S/ Richard Schmidt, Former Planning Commissioner
AGAINST MEASURE Y-06
Is it true San Luis Obispo cannot provide basic citizen services
without raising our sales tax?
With years of service inside City government, we are dubious. We
see nonessential spending. We believe San Luis Obispo's "money
problem" is more about priorities than finances. Here's why.
Traditionally, city government exists to provide residents with
important things we cannot provide ourselves. In San Luis Obispo,
these "basic services" include utilities, streets, parks, open space
preservation, flood control, police and fire service. These are the
fundamental reasons we have a City government.
Providing basic services to residents must come first. In San Luis
Obispo, however, the City frequently considers its "customers" to be
developers and a few vested commercial interests. "Service" means
making them happy. Government has come to mean deals and
subsidies for developers, endless costly rewriting of regulations to
weaken popular environmental and neighborhood protections,
promoting development many citizens don't want, and well-paid staff to
support and advocate for developers. These items now compete
financially with providing basic citizen services.
San Luis Obispo must not regard basic citizen services as a
sideline — as things residents should pay extra for if they really want
them -- rather than its topmost priority.
We believe San Luis Obispo has distorted spending priorities. We
believe our City needs to get back to basics -- to make residents its
"customers," and provide services for residents first. Please join us in
sending this message to City Hall.
Please vote no on Measure Y.
s/ Peg Pinard, Former Mayor/Former County Supervisor
s/ Richard Schmidt, Former Planning Commissioner
REBUTTAL TO THE ARGUMENT AGAINST MEASURE Y-06
In 2005 San Luis Obispo convened an independent ad hoc citizen's
advisory committee to assess the financial condition of the city. The
citizen's committee found that on-going financial raids from politicians in
Sacramento have significantly affected San Luis Obispo. These raids
have accounted for losses of $22 million over the last decade resulting
in:
' service reductions in every city department,
• a 67% reduction in street paving and road maintenance
• elimination of 25 full time positions including sworn police officers
Almost total depletion of Open Space protection fund
Despite these hardships, San Luis Obispo's budget is extremely well
managed. The city routinely receives national and state awards for
financial management and reporting. After reviewing a detailed survey
comparing similar cities, a Tribune headline concluded: SLO Often
Does More, Spends Less Than Other Cities.
Unfortunately, we are at a point where our quality of life will deteriorate
with deeper cuts. A modest revenue increase with strict accountability
provisions is the most sensible means by which to maintain San Luis
Obispo's quality of life and services.
Measure Y includes the following taxpayer protections:
1. An independent annual financial audit to be made available to the
public;
2. An annual community report mailed to every SLO residence;
3. An annual citizen oversight meeting;
4. An eight year "sunset provision requiring that SLO residents
evaluate and affirm this additional revenue by a vote of the people.
Protect and preserve the "SLO Life." Vote YES on Measure Y.
S/ Mary Verdin, Chair, Chamber of Commerce
s/ Karen Merriam, Chair, Santa Lucia Chapter Sierra Club
s/ Pierre Rademaker, Past President, SLO Downtown Association
s/ Amy Kardel, Ad Hoc Citizen's Advisory Committee Member
s/ Ken Schwartz, former Mayor of San Luis Obispo, Ad Hoc Citizen's
Advisory Committee Member
SL 011-019
JULIE L. RODEWALD
COUNTY CLERK -RECORDER
HELPFUL HINTS
MAKE ELECTION ®AY EASIER!
Your precinct workers are citizens like you. They sincerely want to make voting easy
while protecting against voter fraud. 'Here are some ideas for you to make Election day
easier for all.
• Your polling place is listed on the back page of this Sample Ballot booklet.
• If you are not planning on voting absentee (by mail), check to make sure you
know where your polling place is located. If you are not sure how to find your
polling place, check a map or call 781-5228 before Election day, if possible.
• Take the back page of this Sample Ballot booklet with you to the polls to help
your precinct workers quickly locate your name and address on the voter roster.
• Go to the polls prepared. Read and mark your sample ballot prior to Election day
and take it with you to refer to while you are in the voting booth. This is
especially helpful with a lengthy ballot.
• If you are a first time voter, be prepared to show identification, see below
NEW REQUIREMENTS FOR FIRST TIME VOTERS
The Help America Vote Act requires first time voters to showidentification when voting.
If you registered or re -registered to vote by mail after January 1, 2006, did not provide
either a California driver's license or identification card number or the last four digits of
your Social Security number, and have not previously voted in San Luis Obispo County
you will be required to show your current valid photo I.D. or a copy of one of the
following that shows your name and address when you go to the polls on election day:
Current Utility Bill, Bank Statement, Government Check, Government Paycheck or a
Government Document. The same requirement applies if you request to vote by
absentee ballot. You will be required to send a copy of one of the above with your voted
absentee ballot. If you have questions about your status as a First Time Voter, contact
the Elections Division at 805 781-5228.
SL 01 1-020
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