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Home My WebLink About07/16/1996, 1B - GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 1996 council July 16, 1996 j agenda uepont CITY OF SAN LUIS OBISPO FROM: Bonnie L. Gawf, City Clerk Jeffrey G. Jorgensen, City Attorney PREPARED BY: Kim Condon, Assistant City Clerk SUBJECT: General Municipal Election for November 5, 1996 CAO RECOMMENDATION 1) Adopt resolution (Exhibit 1) calling the election for November 5, 1996; 2) Adopt resolution (Exhibit 2)requesting the Board of Supervisors consolidate the General Municipal Election with the State-wide Election; 3) Adopt resolution (Exhibit 3) for.the submission of ballot measures to the electorate concerning City Charter Amendments. (The City Attorney has submitted an alternative resolution for consideration should the Council wish to submit fewer ballot measures to the voters.) DISCUSSION Section 302 of the City Charter provides for our election to be held in November of even- numbered years for the election of the Mayor and two Council Members. The election may also include measures submitted by Council, or citizens, i.e., initiative, referendum, recall, Charter amendment, advisory measure, and other propositions. The resolution calling the election (Exhibit 1) includes additional language as provided by the State and City Campaign Election Regulations concerning rebuttal arguments and Candidate's Statements. In particular, Section 3 of the resolution allows for the filing of a 400 word Statement of Education and Qualifications and setting forth the candidate's stand on local issues (M.C. 2.40.080). This statement will be included with the sample ballot at no cost to the candidate. Section 4 of the resolution will permit rebuttal arguments in addition to arguments for or against City measures already provided for. The resolution consolidating the election (Exhibit 2) allows the City to combine its election with the State-wide Election and avoid duplication of printing and mailing of sample ballots, computer tabulation, precinct workers and canvassing results. Other election requirements including additional City legal advertising as called for in the City's Election Campaign Regulations will be performed by the City Clerk. All filings, i.e., Statement of Qualifications, Conflict of Interest, State and City financial reporting, will be handled through the City Clerk's Office. At their March 5, 1996 meeting, the City Council adopted Resolutions 8505 through 8513 submitting to the voters at the November 5, 1996 General Municipal Election nine ballot measures; eight of them amendments to the City Charter, and the ninth, an added Section 909 to General Municipal Election Page Two Article IX relative to the use of the water supply 'Reliability Reserve." These measures were labeled as A through I. Following are the measures as currently adopted: Measure A Shall City Charter Section 406 be amended to Yes extend the period of time in which to hold an ------------------- election to fill a Council Vacancy? No Measure B Shall City Charter Section 109 be amended to Yes delete reference to the City Jail? ---------- No Measure C Shall City Charter Section 404 (C) extending Yes Councilmember terms of office be deleted? -------------------- No Measure D Shall City Charter Section 407 concerning the Yes powers and duties of Mayor during an emergency be amended to bring them into ---------_----- conformance with Municipal Code Chapter 2.24? No Measure E Shall City Charter Section 410 concerning the Yes time of payment of Council Compensation be amended to conform with the regular City ---------------- payroll schedule? No Measure F Shall City Charter Section 709 be amended to Yes allow the Council to adopt a Personnel Policy --------------------- by ordinance or resolution? No Measure G Shall City Charter 807 concerning property Yes taxes be deleted? No Measure H Shall City Charter Section 901 (A) concerning Yes public works to be done by contract be ------------------- amended to refer to the Public Contracts Code? No Measure I Shall City Charter Article IX be amended to Yes add "Section 909. Use of Reliability Reserve"? ----------_--__� No General Municipal Election Page Three The City Council, at their meeting of June 11, 1996, directed staff to prepare an advisory measure for the November ballot on an assessment district to fund open space acquisition and park capital improvements. Since that meeting, staff has consulted with the Open Space Financing Task Force who concurred with the ballot language,but preferred that the open space advisory measure appear as the first ballot measure. Staff also felt it would be appropriate to move the 'Reliability Reserve" measure to the number two position on the ballot because of its relative importance when compared with the other "technical' Charter amendments. Therefore, staff is recommending a modification of the sequence of ballot measures so that they would appear on the ballot as follows: Measure A ADVISORY VOTE ONLY. Should the City Yes form a City-wide assessment district for open - ----------------- space protection and park acquisition and No development that would raise $1 million annually for this purpose, in accordance with the program guidelines recommended by the Open Space Financing Task Force? Measure B Shall City Charter Article IX be amended to Yes add "Section 909. Use of Reliability Reserve"? -------------------- No Measure C Shall City Charter Section 406 be amended to Yes extend the period of time in which to hold an ---------______ election to fill a Council Vacancy? No Measure D Shall City Charter Section 109 be amended to Yes delete reference to the City Jail? --------------------- No Measure E Shall City Charter Section 404 (C) extending Yes Councihnember terms of office be deleted? -- ---- No Measure F Shall City Charter Section 407 concerning the Yes powers and duties of Mayor during an emergency be amended to bring them into ------_--- conformance with Municipal Code Chapter 2.24? No /8-3 General Municipal Election Page Four Measure G Shall City Charter Section 410 concerning the Yes time of payment of Council Compensation be amended to conform with the regular City payroll schedule? No Measure H Shall City Charter Section 709 be amended to Yes allow the Council to adopt a Personnel Policy -- ------- by ordinance or resolution? No Measure I Shall City Charter 807 concerning property Yes taxes be deleted? ------------ No Measure J Shall City Charter.Section 901 (A) concerning Yes public works to be done by contract be — amended to refer to the Public Contracts Code? No FISCAL EVBACT $32,200 is budgeted to conduct the November 5, 1996 election for Mayor and two Council Member seats, and to consider City ballot measures. Several factors will influence the cost of the election: A) The number of candidates filing for elected office and corresponding Candidate Statements placed on the ballot. B) The number of arguments for and against, and rebuttals to each, for the ten measures placed at the election. Each additional City measure can cost up to $2,500, the most costly factor being the printing of the sample ballot. However, the more measures placed by other agencies can actually decrease the City's proportionate share of the costs. ALTERNATIVES A) Adopt resolutions as recommended. B) If the City Council has concerns regarding the number of ballot measures, the City Attorney has proposed an alternative which would reduce the number of City ballot measures to four. Please see the attached memo from the City Attorney. C) Continue discussion to the meeting of July 23, 1996 for additional report or clarification. Attachments: Resolution Calling Election (Exhibit 1) Resolution Requesting Consolidation (Exhibit 2) Resolution Placing Measures on Charter Amendments (Exhibit 3) Memo from City Attorney l�� RESOLUTION NO. (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 1996 BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 5, 1996, to fill the following elective offices: (a) Mayor - two (2) year term (b) Two(2) Councilmembers-four(4)year terms each and to vote on any other measure placed on the ballot by the Council. SECTION 2. For purposes of this election the polls shall be open from 7:00 am. to 8:00 p.m. SECTION 3. Pursuant to Election Code Section 10220 and Municipal Code Section 2.40.080(A)(6), each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 400 words, which statement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 4. Pursuant to Sections 9220 and 9285 of Elections Code of the State of California, the City Council, by majority vote, may adopt provisions for the filing of rebuttal arguments for city measures submitted at municipal elections. When the clerk has selected the arguments for and against the measures which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of a measure to the authors of the argument against, and copies of the argument against to the author of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 16th day of July, 1996. EDIT 1 /�� Resolution No. (1996 Series) Page Two Allen K: Settle, Mayor ATTEST: Bonnie L. Gawf, City Clek APPROVED AS TO FORM: omg --- .. %8=6 RESOLUTION NO. (1996 SERIES)- A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE BE IT RESOLVED by the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the General Municipal Election with the Statewide General Election to be held on Tuesday, November 5, 1996, and said Board of Supervisors is hereby authorized to canvass the returns of the election called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such general election shall be used. The precincts, polling places and officers of election for the General Municipal Election hereby called shall be the same as those provided for said Statewide General Election and as set forth in Section 10410 of the Elections Code of the State of California. SECTION 2. The Board of Supervisors is requested to certify the results of the canvass of the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said General Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Government Code. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. The City Clerk shall certify to the passage and adopt of this resolution. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: EMI' 2 /� Resolution No. (1996 Series) Page Two The foregoing resolution was.passed and adopted this _16th day of July, 1996. Allen K.. Settle; Mayor ATTEST: Bonnie L. Gawf; City Clerk APPROVED AS TO FORM. ty o - i RESOLUTION NO. (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 19969 FOR THE SUBMISSION OF BALLOT MEASURES TO THE ELECTORATE CONCERNING CITY CHARTER AMENDMENTS WHEREAS, under the provisions of City Charter Section 302, a General Municipal Election shall be held Tuesday, November 5, 1996; WHEREAS, on March 5, 1996, the City Council of the City of San Luis Obispo adopted Resolution Nos. 6505 through 6513 authorizing the placement of certain measures regarding Charter amendments on the November 5, 1996 ballot; WHEREAS, the meeting was noticed as required by law-, and WHEREAS, the City Council now wishes to amend the measures' ballot designations by amending previously adopted resolutions in conflict. NOW,THEREFORE, THE City Council of the City of San-Luis Obispo,California, does resolve, declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voter at the General Municpal Election of November 5, 1996, the following questions: Measure B Shall City Charter Article DX be amended to Yes add "Section 909. Use of Reliability Reserve"? No Measure C Shall City Charter Section 406 be amended to Yes extend the period of time in which to hold an --------____ election to fill a Council Vacancy? No Measure D Shall City Charter Section 109 be amended to Yes delete reference to the City Jail? -------- No Measure E Shall City Charter Section 404 (C) extending Yes Councilmember terms of office be deleted? No EDIT 3 /�,� Resolution No. (1996 Series) Page Two Measure F Shall City Charter Section 407 concerning the Yes powers and duties of Mayor during an emergency be amended to bring them into --- ---------- conformance with Municipal Code Chapter 2.24? No Measure G Shall City Charter Section 410 concerning the Yes time of payment of Council Compensation be amended to conform with the regular City ------------------ payroll schedule? No Measure H Shall City Charter Section 709 be amended to Yes allow the Council to adopt a Personnel Policy ----------------- by ordinance or resolution? No Measure I Shall City Charter 807 concerning property Yes taxes be deleted? No Measure J Shall City Charter Section 901 (A) concerning Yes public works to be done by contract be amended to to refer to the Public Contracts Code? No SECTION 2. That all ballot designations in Resolutions 8505 through 8513 otherwise in conflict with this Resolution are hereby amended and superceded by the ballot designations set forth in this Resolution. SECTION 3. That the City Clerk is hereby directed to file certifeid copies of this resolution with the Board of Supervisors,the County Clerk and Registrar of Voters of the County of San Luis Obispo. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. On motion of ,seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (1996 Series) Page Two Measure F Shall City Charter Section 407 concerning the Yes powers and duties of Mayor during an emergency be amended to bring them into -------- conformance with Municipal Code Chapter 2.24? No Measure G Shall City Charter Section 410 concerning the Yes time of payment of Council Compensation be amended to conform with the regular City -----_--_M_____ payroll schedule? No Measure H Shall City Charter Section 709 be amended to Yes allow the Council adopt a Personnel Policy by ordinance or resolution? No Measure I Shall City Charter 807 concerning property Yes taxes be deleted? No Measure J Shall City Charter Section 901 (A) concerning Yes public works to be done by contract be amended to refer to the Public Contracts Code? No SECTION 2. That all ballot designations in Resolutions 8505 through 8513 otherwise in conflict with this.Resolution are hereby amended and superceded by the ballot designations set forth in this Resolution. SECTION 3. That the City Clerk is hereby directed to file certifeid copies of this resolution with the Board of Supervisors,the County Clerk and Registrar of Voters of the County of San Luis Obispo. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. On motion of ,seconded by and on the following roll call vote: AYES: NOES: ABSENT: Ig-11 Resolution No. (1996 Series) Page Three The foregoing resolution was passed and adopted this 16th day of July, 1996. Mayor Allen K. Settle ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM: �' or MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY July 1, 1996 TO: City Council FROM: Jeff Jorgense SUBJECT: Ballot Measure for the November 5, 1996 Election There are currently 10 City ballot measures scheduled for the November 5, 1996 election. Given the large number of state measures also appearing on the ballot (currently estimated between 10-15) , the Council may wish to consider whether it would be prudent to reduce the number of City measures appearing on the ballot to focus on the issues with the greatest immediate importance. Of the 10 City measures currently scheduled for the ballot, four stand out as the most significant. The most important is the advisory measure concerning open space (Measure A) . The next is the addition of a new section to the Charter concerning a water reliability reserve (Measure B) . Of the eight remaining Charter amendments, only two have any policy significance. These are the extension of the period of time in which to hold an election to fill a Council vacancy (Measure C) ; and the amendment of the powers and duties of the Mayor during an emergency (Measure F) . The remainder of the Charter amendments are purely "technical" in nature and could easily wait until a future election. The question of how many City ballot measures to include on the ballot has been previously debated at some length by the City Council. The previous direction to include all ten measures is appropriate, and remains the staff recommendation. At the same time, should the Council wish to reduce the number of ballot measures, it would be my recommendation to include the four measures discussed above in the following sequence: . . Meas�e A 3 Advisory ;Vote ;Only Should the City form a city wide assessment .. district%.:for open space,;protection and :es park: acquiisition and::development that would raise $1 million 'annually; for:;this 'purpose, No .. 1n;.accordance with :the program;:guidehnes: recommended by: :the Open Space Financing Task`Force. �B-/3 ME.a811rE 8 5ha11 City Charter Article IX be Y:es amended to add:: "Section 9:09... .:Use . of Reliabx3 ty Reserve. No Measure `C ..._. 5ha3I City Charter,.;Sectfon 406:: be Yes ': amended :to extend th period Of time: - ... ... i' which .ao-hold an ;election to -fill N.o a Ccunci:: vacaricy . Mea:sure..'D Shall` City Charter Section 407 ::concern Yes ing the powers and duties..of Mayor during.: - .. . an emergency be amended to bring them into No conformance with Nlunacl-1 Code Chapter .... 2.2 ? Should the Council choose this alternative, attached is a proposed resolution which may be substituted for the resolution in the agenda report. JGJ/sw attach. RESOLUTION NO. (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1996, FOR THE SUBMISSION OF BALLOT MEASURES TO THE ELECTORATE CONCERNING CITY CHARTER AMENDMENTS WHEREAS, under the provisions of City Charter Section 302, a General Municipal Election shall be held Tuesday, November 5, 1996; WHEREAS, on March 5, 1996, the City Council of the City of San Luis obispo adopted Resolution Nos. 6505 through 6513 . authorizing the placement of certain measures regarding Charter amendments on the November 5, 1996 ballot; WHEREAS, the meeting was noticed as required by law; and WHEREAS, the City Council now wishes to amend the measures' ballot designations and delete certain measures by rescinding previously adopted resolutions in conflict. NOW, THEREFORE, the City Council of the City of San Luis Obispo, California does resolve, declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election of November 5, 1996, the following questions: >:.;;.;•::_::: s are 8 >3 :::............: •::.: :. Charter Article: TX be :::::: :::::::::;:::::>:::<•: amended.:;::to.:>acYd: �!:S.ecton `.9:,... .............::.:.:::.::::::::::::::.::::. .:•:::::.:... Y.....:.:.:..::..:. ...__.................. _....:........ No.::: :.. ... Shat City Charter Section;406 be Yes ............... amend ed.;.ta..extend the.: period of .time. ; ; ::..::...::.::::...:.::.:..:.:..:.::. i<s:whl a ah..... o 0 :::..................:.....:::::. ................. ....... .. .. ......................:�:::.:..., ta,on...... fi:11 ::Na :i?ii:;;i`;:ri^i:i:i::::ic: ?:::...... u .1 :::... ..........:...:.....'.7.........'?: ....%...i:v:.?:.::;::.:::i'::iE;:`;;i is?ri:..i?ii:4;:'ir::2:i::iiFiii::i!.}:r::.�::::;:�:;:::;?i:ri?: ::a::::C.ouncl:,:;vacan.c -.:::::::.::::.-:.::::::::: ::::::;:;;:;;;:;;:.; :::::: Resolution No. (1996 Series) Page Two :. : ... .. Shall Glt„ aha rter. .. ..on.. 0.T,concern Yes:: y: .... ...... .::.:::.:......:..:.:..:..:.:.::::............. ::........ .....:.................:: . ; ...:. ....................;::::;::::::;;;:;:::::>:;;:: .............:.: ;121 ;:it.:.:e:i ower:s:i and:;;:dut`ses:i:of:t�Ia.:o - .....::::::9.....::::::::::::......::::.:::: :::::::::...:....:::::::..::..::.:::.::.::.:::.: :. .or:::d..ur ng.:...:::.::::::::::. ,:.......................,..,,....:.... ::. ::::::::...::.......... :.:::: ::;:.;:::; :=:<:;:en;;:.;?e�uergency:.::-a;.:.amended::;to:;:br�n ;:ithem>:Into...:....:::::: ......:....::::::::.......................... . .. ..::.::. .: ::....:.,.;...... . :.......:.:::::.::: ::::............................ .....:.:::::::::::::::::::.:::;::::.,:: :::.:.No:::::: conformance%'Vi. ..Munrc: .......................... ..... .:..;:..:.........:............ i .a ....C.od ::.::::::>:;:::::::::.... ... .-......:::. ::::::................%...............................p......................e.:C...a ter:» :P:......:::::::::::. ::::::::::::.::•:2:.:2.4.-:.:.::::::::::::::::: :::::::::::::::::::..::. .::.,..:...:::.:::,:::::::::::::::::::::.:::::.:::::::::::: :::::.::. :::::::::::..........:::::::::::. SECTION 2. That all ballot designations in Resolutions 8505, 8508, and 8513 (1996 Series) , otherwise in conflict with this Resolution are hereby amended and superseded by the ballot designations set forth in this Resolution. SECTION 3. Resolutions . 8506, 8507, 85091, 8510, 8511, and 8512 (1996 Series) , are hereby rescinded. SECTION 4. That the City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and Registrar of Voters of the County of San Luis Obispo. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution. On motion of , seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing resolution was passed and adopted this day of 1996. Mayor Allen K. Settle ATTEST: Bonnie L. Gawf, City Clerk /,6-!6 Resolution No. (1996 Series.) Page Three APPROVED AS TO FORM: e ey do_ge- en ---- _ C y A rrpy