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HomeMy WebLinkAboutR-10264 Charter Amendment RE CalPERSRESOLUTION NO . 10264 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING TH E SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSE D CHARTER AMENDMENT AT AN ALL MAILED BALLOT SPECIAL MUNICIPA L ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2011 AS CALLE D BY RESOLUTION NO . 10263 (2011 SERIES ) WHEREAS,a Special All Mailed Ballot Municipal Election has been called on Tuesday , August 30, 2011 by Resolution No . 10263 (2011 series), adopted on May 17, 2011 ; and WHEREAS,the City Council has the authority to submit a Charter amendment to th e electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapte r 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of th e Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinanc e Number 1559 (2011 Series); an d WHEREAS,the City Council finds and declares that it is in the best interest of the City , consistent with principles of sound management and fiscal responsibility, and to the fullest exten t permitted by State law, to vest in the duly elected City Council final decision making authority over management of the City's contracts with the Board of Administration of the Californi a Public Employees Retirement System ; and WHEREAS,Charter Section 1105 (Retirement) currently provides as follows : The City Council shall be authorized to enter into a contract with the Board o f Administration of the Public Employees' Retirement System of California that shal l include all employees of the City of San Luis Obispo . Should the contract at any time b e broadened, the City Council may have the contract amended to provide the improve d coverage . The Council may terminate the contract or negotiate another contract with reduce d employee coverage with the Board of Administration of the Public Employees ' Retirement System only upon authority approved by a majority vote of the electorate . WHEREAS,the City Council of the City of San Luis Obispo desires to submit to th e voters a proposed amendment of Section 1105 to eliminate the Charter requirement for voter approval to terminate the City's contract with the California Public Employees' Retiremen t System or to negotiate another contract to provide reduced employee retirement benefits, bu t expressly to state that the City Council retains the authority to enter into contracts with Ca1PER S and remains subject to other applicable state laws and Ca1PERS rules with regard to any action s to amend, terminate or negotiate other contracts . R 10264 Resolution No . 10264 (2011 Series) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUI S OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1 :The City Council of the City of San Luis Obispo hereby proposes on it s own motion that an amendment of Section 1105 of the Charter of the City of San Luis Obispo b e submitted to the voters at the All Mailed Ballot Special Municipal Election on August 30, 2011 , to read as follows : The City Council shall be authorized to enter into a contract with the Board o f Administration of the Public Employees' Retirement System of California that shal l include all employees of the City of San Luis Obispo . The City Council may terminate o r amend its contract or negotiate another contract to provide improved or reduced employe e benefits only in accordance with state law and as permitted by the Board o f Administration of the Public Employees' Retirement System . SECTION 2 : That the City Council, pursuant to its right and authority, does orde r submitted to the voters at the All Mailed Ballot Special Municipal Election to be held o n Tuesday, August 30, 2011, the following question : SECTION 3 .That the City Council authorizes any and all members of the City Council t o file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including th e date fixed by the City Clerk after which no arguments for or against the measure may be submitte d to the City Clerk . SECTION 4 .That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure . The impartial analysi s shall be filed by the date set by the City Clerk for the filing of primary arguments. Shall Section 1105 (Retirement) of the San Lui s Obispo Charter, which authorizes the City Council to enter into a contract with the Board o f Administration of the Public Employees ' Retirement System (PERS), be amended t o provide that the City Council may terminate o r amend its contract or negotiate another contract to provide improved or reduced employe e benefits only in accordance with state law and a s permitted by the Board of Administration o f PERS? Ye s No Resolution No . 10264 (2011 Series ) Page 3 SECTION 5 .That in all particulars not recited in this Resolution or Ordinance Numbe r 1559 (2011 Series), the election shall be held and conducted as provided by law for holdin g municipal elections . SECTION 6 .That notice of the time and place of holding the election is given and th e City Clerk is authorized, instructed and directed to give further or additional notice of th e election, in time, form and manner as required by law . SECTION 7 . That the City Clerk shall certify to the passage and adoption of thi s resolution . SECTION 8 .That the City Clerk is hereby directed to file a certified copy of thi s resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder . Upon motion of Council Member Carter, seconded by Council Member Carpenter, an d on the following vote : AYES : Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d Mayor Marx NOES : Non e ABSENT : Non e The foregoing resolution was adopted this 17th day of May 2011 . ATTEST : Elaina Cano, CM C City Clerk APPROVED AS TO FORM : stine Dietric k City Attorney