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HomeMy WebLinkAboutD-1804 Recorded 12/03/2008• • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 0411 CGRY-of-Dmirtip-nt-PAMaled i on Doc #:2008059670 12/0312008 1:56 PM. J Has-nos men co��ari� original. JULIE L. PODF- WALC,COUN i Y CLEPXwRKOROCR This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. CITY OF SAN LUIS OBISPO CHARTER AMENDMENT NOVEMBER 4, 2008 The City of San Luis Obispo, a Municipal Corporation of the County of San Luis Obispo, State of California, organized and acting under a Charter which is duly ratified by a majority of the qualified electors of this City at a special election held for that purpose on the 4th day of April 1995, submitted to the qualified electors at a General Municipal Election held on Tuesday, November 4, 2008, the following Charter Amendment: • Measure E -08, amending sections 201 (and related references throughout the Charter), 407, 410, 505, 601, 701, 709, 901, 906, 1001, 1006, 1202, and 1205 of the Charter of the City of San Luis Obispo to make technical, non - substantive revisions to the Charter. Measure E -08 passed by a majority vote and is hereby deemed ratified. Pursuant to Government Code Section 34460, attached are the following: 1. Certified copies of the Notices of Election (with affidavits of publication) and Notice of Deadlines for Filing Arguments (with affidavit of posting). 2. Certified copy of the full text of Measure E -08 (Resolution No. 10007 2008 Series): 3. Certified copy of the ballot argument relating to Measure E -08. 4. Certified copy of the abstract of vote. �-e 16py �J Tj�E Newspaper of the Central Coast MBUNE • RECEIVED ►� 11- 0 8 2008 SLO CITY CLERK 3825 South Higuera - Post Office Box 112 - San Luis Obispo, California 93406 -0112 - (805) 781 -7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD #6742032 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA, ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates to wit; JULY 5, 2008 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. &I U, 1�. %Q__ S gnature of Principal Clerk) DATED JULY 5, 2008 AD COST: $113.46 Sdr1 _ IUIS 4BEW NOTICE OF ELECTION GENER,AL ;MUNICIPAL ELECTION TUESDAY; NOVEMBEfI 4;2008 Notice is hereby -given that -a General ,,Munlcipal Election: will, be held in the City, of San Luis Obispo on Tuesday,. November. 4, 2008; for the ,following:offices;.;,:,.. MAYOR (1 FULL TERWO.F TWO= YEARS' COUNCIL MEMBERS (2) FULL TERMS OF FOUR - YEARS.. The polls will be open' on Election bay between the hours of 7:00 a.m. and 8:00 p:m. CANDIDATE INFORMATION MEETING The City Clerk's office will hold an. information meeting to provide infor- mation regarding the nomination process,. conflict of-interest and cam- paign requirements, and the City's election campaign regulations. Persons who are interested,in running for office, are campaign manag- ers, .or treasurers, as well as other interested parties, are invited to attend this informational meeting. DATE OF MEETING: Thursday, July 10, 2008 TIME: 4:00 p.m. LOCATION: Council Hearing Room City Hall 990 Palm Stneet San Luis Obispo For additional information, contact ahooper @slocity.org or call 781 -7100. Audrey Hooper, City Clerk .July 5, 2008 . 6742032 I hereby certify that the fcregoing is a full, true and correct copy of_4rp, 061).7- _ /V07 -IC-C on file in the Office of the City Clerk. In witness here f, my hand d official seal: 10'10 C Date Audrey Ho er City Clerk • • THENewspaper of the Central Coast RECEIVE OCT 2 2 2008 3825 South Higuera - Post Office Box 112 - San Luis Obispo, California 93406 -0112 - (805) 781 -7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD #6771047 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA, ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates to wit; OCTOBER 18, 2008 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing iis�true and correct. (Signature of Principal Clerk) DATED: OCTOBER 18, 2008 AD COST: $203.42 I hereby certify that the foregoing is a full, true and correct copy of 4M 019t/ TT_ d V— to k_& y- "7-1 C..o on file in the Office of the City Clerk. In Witne,5s here , my hand anq official seal: 11410 Date Audrey Hoo r City Clerk ERK w �:UI$ 1S�f0 l r + + 4 � � CIT�i' IO.SAN LW S 0 SPA n + G,ENERAL•MUNICIPAL ELECTION c �OVEMBER,4. �008�;,�+ a. 'i"2 •�Ee �4 � a�..,: 1 NOMINEES; FORPUBLICt6FF10E., Notlge is hereby gNen fhat:ihe loflowmg persops have =tieen nominated for the bftiQe��s'mdMrrone8 b6lbW10..6e 11iiled et the General_Mumcipal;EleFtion to be held 16 the Ckji of.San Luis' ..- • -r. -�� • �� .,.., y....,o...vat, �� a fo. �o�.r,....py . .,t. •,: - '; the bider es ' the y,. I �ppearon�heNpvein�ier ,.4,,g00$;�alfot;` For the OffioQ �f favor (Vol e for Onel Dave RorneroT ' Terry Molian.., For the Office of Council Miirmb [Vote'.�o_0 TWo1": Arnold`Ruiji Jan Marx-- 461 h, AstoatiW rD9d CA�ArIf?A� � �' IlKarcla Nelson,", , Paul Ba'pwrl -T, OEV01"EDADMS Notice is herebp given that, bvir rneast��e �s t at the General,Munioipal Eleeibriit+:;haid_in ilia G"r Obispo on Tuesday No ' . jeer a,�cfti8 �� 1w theGharter) .911. 90¢'.�Y��`. IX 1007;;1008 "t202 1,h e of San Luis Obi §po be ade, tv irfalaa YeC r�l : ' fi non- substanti4e revisioniAt fonhirtiCjty Cd�IkiCjlr ` Resolution No:,100e$riesj The full text of the Ballot measure ra available on the City s website at hwffvv::wslocikYo�LdSz a(§7kAAw1e -ion's 008E ." Copies are availablej6the Clty 6141i's office $f 990tiPalm Streef.or by' t:allhg 781a 2100 The polls will be open on Election 'Day between the hours 6f'7:00. a.m. and 8:00 p.m. Additional information, garding, the election is available on the City's web slt4 at to y Clerk's offi6e.at,78t -7100. _ A4drey.Hooper, City Clerk/City Elections Official Dated: October 16,-2666 October -l8; 2Ql)8 " _• 6.7,17 • • NOTICE OF DEADLINES- FOR SUBMITTING PRIMARY AND REBUTTAL ARGUMENTS FOR OR AGAINST CITY MEASURES . NOTICE IS GIVEN that the General Municipal Election is to be held. in the City of San Luis Obispo on November 4, 2008, at which there will be submitted to the voters the following measure: Shall sections 201 (and related references throughout the Charter), 407, 410, 505, 601, 701, Yes 709, 901, 906, 1001, 1006, 1202, and 1205 of the Charter of the City of San Luis Obispo be amended to make technical, non - substantive No revisions, as set forth in City Council Resolution No. 10007 (2008 Series)? NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the City Council may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, for or against the City measure. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed July 29, 2008, at 5:00 p.m. during normal office hours, as posted, as the date after which no arguments for or against a City measure may be submitted to the Clerk for printing and distribution to the voters as provided in the Article 4.. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument, at City Hall, 990 Palm Street, San Luis Obispo California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal arguments., -as submitted by the authors of the opposing direct arguments, may be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, not more than 10 days after the final date for filing direct argument, 5:00 p.m. on August 8, 2008. Rebuttal arguments are not to.exceed 250 words in length. • NOTICE IS FURTHER GIVEN that the full text of the measure, impartial analysis, and arguments filed under the authority of the Elections Code will be available for public examination in the Office of the City Clerk for 10 calendar days from the final deadline for filing written arguments. Dated: \),o o QO STATEOF CAUFORNIA ) COUNTY OF SAN WIS OBISPO CITY OF SAN WIS OBISPO ) — az,-. 4W'20'— Aud y Hoop City &rk. AFFIDAVIT OF POSTING I, Audrey Hooper, being first duly sworn, deposes and says: That she is the duly appointed and_ qualified City Clerk of the City of San Luis Obispo and that on July 16, 2008, she caused the above Notice to be posted at San Luis Obispo City Hall, San Luis Obispo,'Cafrforhia. 1�6' 4.0' Audrey Hooper; Clerk San Luis Obi ifomia ` I hereby certify that the to is a full, true and correct copy of on file in the Office of the City Clerk. ic,-i s i In it ess her , MO and an c vial ea,: t Date Audrey ro er City Clerk _ • RESOLUTION NO. 10007 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, AS CALLED BY RESOLUTION NO. 9994 (2008 SERIES) .WHEREAS, a General Municipal Election on Tuesday, November 4, 2008 has been called by Resolution No. 9994, 2008 series, adopted on June 17; 2008; and WHEREAS, Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California Elections Code and applicable local law provide the Council with the authority to submit a Charter amendment to the electorate; and WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed Charter amendment making minor, non - substantive changes to the City Charter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The Council of the City of San Luis Obispo hereby proposes on its own motion that amendment of the Charter of the City of San Luis Obispo be submitted to the voters at the General Municipal Election on Tuesday, November 4, 2008 to read as follows: A. By amending Section 201 (Form of Government) to read: The municipal government provided by this Charter shall be known as the "Council- Mayor -City Manager" form of municipal government. [And, also, changing all references to "City Administrative Officer" within the Charter to "City Manager ", consistent with the above revision. This will entail revision of Sections 109, 204, 407, 701, 702,703, 704; 705, 707,709, 712, 802, 803, 810, 901, 1006, and 1101 of the Charter.] B. By amending Section 407 (Mayor - Powers and Duties) to read: The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City R 10007 Resolution No. 10007 (2008 Series) Page 2 Manager in matters of policy. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. C. By amending Section 410 (Compensation) to read: The Mayor and each Council Member shall receive compensation for services payable according to the regular City payroll schedule, with the Mayor receiving greater compensation than the other Council Members. Compensation for Mayor and Council Members shall be reviewed biennially in even - numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective the first full pay period in January of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Council Member expenses incurred. for official business shall be reimbursed. D. By amending Section 505 (Voting) to read: The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote, except in the case of a recusal due to a conflict of interest. Failure or refusal to vote shall be construed as an affirmative vote. E. By amending Section 601 (Methods of Action by Council) to read: All action by the Council shall be taken only by means of ordinance, resolution, of oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. R 10007 Resolution No. 10007 (2008 Series) Page 3 F. By amending Section 701 (General Description) to read: The officials of the City of San Luis Obispo shall consist of a City Manager and a City Attorney. Such officials shall be appointed by and may be removed only by the affirmative votes of a majority of the members of the Council. All other officials and department heads of the City shall be appointed by and may be removed by the City Manager. G. By amending Section 709 (Employment Policy) to read: The City Council shall adopt Personnel Regulations by ordinance or resolution, prescribing hiring, discharge and performance standards for Council appointees, department heads, and other appointive officials. No official appointed by the City Council shall be terminated within the three (3) months following a municipal election. No official subject to appointment by the City Manager shall be terminated within the three (3) months immediately following the appointment of a new City Manager. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Human Resources Department. H. By amending Section 901 (Public Works to be Done by Contract), subpart (D) to read: (D) Nothing in this section shall be construed to apply to any project involving the expenditure of City monies by the City for public works in cooperation with a developer or subdivider for oversized facilities or such cooperative extension or replacement of mains and appurtenances. For those projects the City shall have the authority to make funds available to the cooperating developer or subdivider through a Reimbursement Agreement as established by Council ordinance or resolution. I. By amending Section 905 (Progress Payments) to read: Any contract may provide for progressive payments if the ordinance or resolution authorizing such work includes such a provision. No progressive payments may be provided for or made at any time which with prior payments, if there have been such, shall exceed in amount at any time ninety percent (90 %) of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety. percent (90 %) of the contract price before the completion and acceptance of the work, unless otherwise required by Federal Law. R 10007 Resolution No. 10007 (2008 Series) Page 4 J. By amending Section 906 (Sale or Lease of City Property) to read: The City Council, by ordinance or resolution, shall adopt policies and procedures that shall be applicable to the sale or lease of City property. K. By amending Section 1001 (Granting of Franchises) to read: The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage, or any other public utility of public service, and to use the public streets, ways, alleys, and other places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to provisions of this Charter. The City Council may, by ordinance or resolution, establish fees or charges for the granting of licenses or franchises. L. By amending Section 1006 (Duties of Grantee), subpart (E) to read: (E) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct; and M. By amending Section 1202 (Eligibility, Appointment and Length of Terms) to read: All registered voters within the City, except part or full -time officials and management employees of the City, shall be eligible for appointment, and shall be selected and appointed by any method deemed appropriate by the Council. Participation on citizen committees, commissions, boards and authorities by non- registered voters or non -city residents may be permissible depending upon the nature and purpose of the advisory body, as determined by the City Council. No Committee member shall be appointed to a term exceeding four (4) years. Committee members may be reappointed to serve additional terms. R 10007 Resolution No. 10007 (2008 Series) Page 5 N. By amending Section 1205 (Annual Reports) to read: On an annual basis, each established body shall report to the Council on its activities for the preceding year, as• well as its proposed activities and requested budget for the forthcoming year. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 4, 2008, the following question: Shall sections 201 (and related references throughout the Charter), 407, 410, 505, 601, 701, Yes 709, 901, 906, 1001, 1006, 1202, and 1205 of the Charter of the City of San Luis Obispo be amended to make technical, non- substantive No revisions, as set forth in City Council Resolution No. 1.0007 (2008 Series)? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments In Favor or Against the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That . the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. R 10007 Resolution No. 10007 (2008 Series) Page 6 Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland and. Settle, Vice Mayor Brown, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15" day of July 2008. Mayor David F. Romero ATTEST: Audrey Ho r ' City Cler APPROVED AS TO FORM: I hereby certify that tt p foregoing is a full, true a c rrect cop of esc uf1n,j NB • Ocao S �e on file in the Office of the ity Clerk. In itn ss her m hand d ff ial seal: AL Date Audrey Ho er City Clerk R 10007 • • ARGUMENT IN FAVOR OF MEASURE E -08 Measure E -08 is a clean-up measure. It involves only non - controversial matters. It will provide tools for the City Council and City staff to better serve the community. The measure combines these minor, non - substantive revisions into a single ballot question. A committee of City staff members has conducted a review of the current City Charter and presented its findings to the City Council. The committee finds that our Charter contains certain outdated language which can be easily modified to provide for greater clarity. These changes can only be made by a majority vote of the electors, and so the City Council has placed this measure on the ballot. , . A unanimous City Council of the City of San Luis Obispo recommends a "yes" vote on Measure E=08: signs signature si tore signature, signature e David F. Romero, Mayor J v lu /6 , , printed name and titled date Paul Brown, Vice Mayor 61� 2 � 0009 printed name and title date Andrew Carter, Council Member ZZ Zcog printed name and title date Christine-Mulholland. Council Member printed name and title date Allen K., Settle, Council Member printed name and title e I hereby certify that the foregoing's a ful(, truE and correct copy Of -W(4 �t4,h �,� -- �� on file in the Office of the City Clerk. In w'tness here,6f1 my hand official seal: Date . Audrey Ho er City Cler!; 0 0 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE E -08 CONSOLIDATED GENERAL ELECTION NOVEMBER 4, 2008 I, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law. I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on November 4,2008, and that the Statement of Votes Cast, to which this certificate is attached,, shows the number of votes cast in said city for and against said Measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE E -08: Shall sections 201 (and related references throughout the Charter), 407, 410, 505, 601, 701, 709, 901, 906, 1001, 1006, 1202, and 1205 of the Charter of the City of San Luis Obispo be amended to make technical, non - substantive revisions, as set forth in City Council Resolution No. 10007 (2008 Series)? WITNESS, my hand and Official Seal, this 25th day of Novemb( i� JULIE L.)RODEWALD, County Clerk- Recorder I hereby certify that th foregoing is a full, true and correct copy of h6d' , on file in the Office of the City Clerk. j�In witn ss hereof y hand and, fficial seal: r Date Audrey Hoop City Clerk 00 o Vi O N N N O to eo E ccz It M 00 M \O N M N V T 7 R V R R M M \N O Vl ^ r O 00 00 - - "- "' - N � - 'O N "O M - N h V1 ul V � V r ^ m M � ... N O 00 00 7 � V O ^ N N N 7 N 00 N O �D 01 �O r W M r00r O vl V1 00 �O N M ^ - 00 Vl ^ O V N O -- V1 tl'1 V1 r N O+ M V1 00 M N �O h M V1 -- N ^ N N mo=o Q o� ave �e� a0 z N --. 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