HomeMy WebLinkAbout07/18/2000, C8 - GENERAL MUNICIPAL ELECTION FOR NOVEMBER 7, 2000 Council 07-18-00
j ac,Enaa RepoiA nC8
CITY O F SAN LUIS O B I S P O
FROM: Lee Price,City Cler
SUBJECT: General Municipalon for November 7,2000
CAO RECOMMENDATIONS:
1) Adopt a Resolution of the City Council of the City Of San Luis Obispo Calling and
Giving Notice of the Holding of a General Municipal Election To Be Held Tuesday,
November 7,2000 for the Election of Certain Officers as required by the provisions of
the Charter.
2) Adopt 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 7, 2000, with the Statewide General Election to be held on that
Date.
3) Adopt 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 7,2000, for the Submission of a Proposed Charter Amendment(Citizen-
Initiated).
4) Adopt a Resolution of the City Council of the City of San Luis Obispo Setting Priorities
For Filing Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis.
5) Adopt a Resolution of the City Council of the City of San Luis Obispo Providing for the
Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.
DISCUSSION
Offling the General Mimici:nal Election:
Section 302 of the City Charter establishes November of even-numbered years as our General
Municipal Election date for the election of Mayor and two Council Members. The ballot may also
include measures submitted by Council or citizens by initiative petition.
The resolution calling the election (Attachment 1) includes additional language as provided by the
State and City Campaign Election Regulations Candidate's Statements. In particular, Section 2 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). In accordance with past City
practice, staff recommends including this statement with the sample ballot at no cost to the
candidate.
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General Municipal Election-November 7,2000 2
The resolution requesting consolidation(Attachment 2) allows the City to combine its election with
the Statewide election and avoid duplication of printing and mailing of sample ballots, computer
tabulation, precinct workers and canvassing results. Other 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, including Candidate Statements of Qualifications, Statements of Economic
Interest,and Campaign Disclosure,will be handled through the City Clerk's Office.
Submitting Measure to the Voters:
As Council is aware, a Notice of Intention to Circulate a Petition was filed by the Police Officers
Association and the Firefighters Association on February 16, 2000. The proposed ballot
amendment would have amended the City Charter by requiring that labor disputes between the
City and the'Police Officers Association and the Firefighters Association would be resolved by
binding arbitration. The Notice, along with the City Attorney's ballot title and summary, were
duly published and the petition was circulated during the months of March, April and May. The
petition, however, was rejected when filed on May 25" because it failed to meet all form
requirements of the Election Code.
The proponents began the process again and filed a new Notice of Intention on May 26". The
Notice of Intention, along with the City Attorney's ballot title and summary, were published on
June 2dand the petition was circulated over the next few weeks. The language of the proposed
charter amendment was exactly the same as previously submitted. The petition was filed by the
proponents with the City Clerk on June 21'. The petition consisted of 1,048 sections with a
"raw" count of 6,465 signatures. A random sampling of 500 signatures was completed pursuant
to Elections Code Sections 9115 and 9211. The signatures were checked against the voter
registration records to ensure each person was a registered voter at the time of signing the
petition, and that the voter's address and signature matched the voter's registration affidavit.
Of the 500 signatures checked, 83%were determined to be valid. When this percentage was
applied to the 6,465 signatures presented,the total was statistically more than the 3,430
signatures required to qualify the petition based on the random sampling verification. The
Clerk's Certificate of Results of Examination of Initiative Petition is attached(Attachment 3).
Because the petition qualifies, the Council is compelled to place the measure on the ballot.
Actions necessary to do this include:
1. Adopt a resolution submitting the proposed charter amendment to the voters.
(Attachment 4)
2. Adopt a resolution setting priorities for written arguments and directing the City Attorney
to prepare the Impartial Analysis pursuant to Elections Code Section 9280
(Attachment 5).
3. Adopt a resolution providing for rebuttal arguments(Attachment 6).
Council may also, if so desired, refer the measure to any City department for a report on the
fiscal impact and/or its effect on the internal organization. This report, if requested shall be
presented to Council within the time prescribed by Council,but no later than 30 days.C8-2
General Municipal Election-November 7, 2000 3
Flection(:alendar
Key dates during the election period are summarized as follows:
July 17—Aug 11 Filing period for nomination papers
July 24 Last day to file Primary Arguments for/against a measure
July 25—Aug 3 10-day public examination period for Primary Arguments
Aug 4 Last day to file Rebuttal Arguments
Aug 4—Aug 15 10-day public examination period for Rebuttal Arguments
Oct 5 First pre-election campaign statement due for period covering
July 1 —September 30
Oct 10 Last day to register or change registration to be eligible to vote
Oct 26 Second pre-election campaigns statement due for period covering
Oct 1 —Oct 21
Nov 4 Clerk to publish contributions
Nov 7 ELECTION DAY—Polls open from 7 am. to 8:00 p.m.
Dec 5 Canvass election results; Council to declare results
Jan 31, 2001 Post-election Campaign Statements due for period covering
Oct 20—Dec 31
FISCAL IMPACT
The cost of the election will be influenced by the number of candidates filing for elected office and
the printing expenses relating to Candidate Statements, the text of the Ballot Measure, the City
Attorney's Impartial Analysis,Primary Arguments and Rebuttal Arguments. It is estimated that the
election will cost approximately 523,850. There is sufficient money set aside in the City Clerk's
Election budget to pay those costs.
Attachments:
1. Resolution Calling Election
2. Resolution Requesting Consolidation
3. Clerk's Certificate of Results of Examination of Initiative Petition
4. Resolution Submitting Measure
5. Resolution Setting Priorities for Arguments and Impartial Analysis
6. Resolution Providing for Rebuttal Arguments C8-3
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD TUESDAY,NOVEMBER 7,2000 FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE CHARTER
WFIEREAS,under the provisions of the Charter, a Regular Municipal Election shall
be held on Tuesday,November 7,2000,for the election of Municipal Officers;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA,DOES RESOLVE,DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal
Election shall be held Tuesday, November 7, 2000, for the purpose of electing a Mayor for
the full term of two (2) years and two Council Members for the full term of four (4) years
each.
SECTION 2. Pursuant to Election Code Section 13307 and Municipal Code Section
2.40.080(A)(7), 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 3. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 4. That the polls shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in § 14401 of the Elections
Code of the State of California.
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:
C84
Resolution No. (2000 Series)
Page 2
the foregoing resolution was passed and adopted this 18th day of July, 2000.
Allen K. Settle,Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
C?jlltl Z,
i tto ey
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--ATfAC�it r:. l � • .
RESOLUTION NO. (2000 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 7, 2000, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE
WHEREAS, the City Council of the City of San Luis Obispo has called a Regular
Municipal Election to be held on November 7, 2000, for the purpose of the election of certain
officers and for the submission of proposed charter amendment(s); and
WHEREAS, Section 302 of the City Charter establishes November of even-numbered
years as date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code,
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 7, 2000.
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.
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I
T EACH
Resolution No. (2000 Series)
Page 2
On motion of- _ -- _-_ --__--_-seconded.by —___---- -. -- --and on the following roll call vote:
AYES:
NOES
ABSENT:
The.foregoing resolution was passed and adopted this 18th day of July, 2000.
.Allen K.. Settle; Mayor
ATTEST:
Lee Price, C.M.C. - - - - --
City Clerk
APPROVED AS TO FORM:
q10
__' ey_. -- - - - - -
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- ATTACHMENT 3 *� '
City of San Luis Obispo
CITY CLERK'S CERTIFICATE OF RESULTS
OF EXAMINATION OF INITIATIVE PETITION
COUNTY OF SAN LUIS OBISPO )
ss.
STATE OF CALIFORNIA )
I, LEE PRICE, City Clerk of the City of San Luis Obispo, State of California, hereby certify:
1. That the Initiative Petition proposing that the City's Charter be amended to require that
disputes between the City and the Police Officers Association and the Firefighters
Association would be resolved by biding arbitration was filed with this office on
Wednesday,June 21,2000.
2. That said petition consists of 1,048 sections with a"raw"count of 6,465 signatures.
3. That each petition section contains signatures purporting to be the signatures of qualified
electors of this City;
4. That each section contains an Affidavit of Circulator purporting to be the affidavit of the
person who solicited the signatures, and containing the dates between which the
purported qualified electors signed this petition;
5. That the affiant stated that he or she had solicited the signatures upon that section, and
that all of the signatures were made in his or her presence, and that to the best of his or
her knowledge and belief each signature to that section was the genuine signature of the
person whose name it purports to be;
6. That after the proponents filed this petition the signatures were verified pursuant to
Elections Code Sections 9115 and 9211 by examining the records of registration in this
city, current and in effect at the respective purported dates of such signing,to determine
what number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
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Facts
A. Number of unverified signatures filed by proponent 6,465
B. Number of signatures verified per Elections Code §§ 9115 and 9211. 500
C. Number of signatures found SUFFICIENT 415
D. Number of signatures found INSUFFICIENT 85
E. Number insufficient because DUPLICATE 0
F. Percentage of signatures found sufficient 83%
G. Percentage of sufficient signatures x total number of unverified
signatures(71.8 x 1,694) 5,366
H. Formula for weighted duplicates per Election Code § 20531:
Divide: Raw Count 6.465 =(the value of each signature) 12.93
Sample 500
I. Number of signatures necessary to declare petition sufficient utilizing
the random sample technique(110%x 3,430) 3,773
THEREFORE, I hereby find this Initiative Petition to be sufficient,based on the random sample
examination method prescribed by Elections Code Sections 9115 and 9211.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the City's official seal this
7t' day of July, 2000.
Lee Price, CMC
City Clerk
City of San Luis Obispo
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ATTACHMENT
RESOLUTION NO. (2000 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 79 2000,FOR THE
SUBMISSION OFA PROPOSED CHARTER AMENDMENT
(CITIZEN-INITIATED)
WHEREAS,pursuant to.authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at § 925 5) of.the Election Code of the State of California, a petition has been filed
with the legislative body of the City of San Luis Obispo signed by more than fifteen per cent of
the registered voters of the City according to the County Election Department's last official
report of registration to the Secretary of State to submit a proposed charter amendment to the
voters; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA,DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That pursuant to Article XI of the Constitution and Title 4, Division 2,
Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255)
of the Election Code of the State of California, there is called and ordered to be held to be in the
City of San Luis Obispo, California, on Tuesday, November 7, 2000, a General Municipal
Election for the purpose of submitting the following proposed charter amendment:
Measure Shall the San Luis Obispo City Charter be amended to Yes
provide that disputes about wages,hours and other terms and --------------------
conditions of employment that cannot be resolved by negotiations
between the City and the Police Officers' Association and the No
Firefighters' Union be subject to binding arbitration that is final
without City Council or voter approval?
SECTION 2. That the text of the charter amendment submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
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ATTACHMENT 4
Resolution No. (2000 Series)
Page 2
SECTION 4. That the polls shall be open at seven o'clock a.m. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in§ 14401 of the Elections Code of the State of
California.
SECTION 5. 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 6. 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 18th day of July, 2000.
Mayor Allen K. Settle
ATTEST:
Lee Price, C.M.C.
City Clerk
OVED AS TO FORM:
All
CityAttorney
CS-11
ATTACHMENT 4
Resolution No. (2000 Series)
EDIT A
Page 1
FULL TEXT OF THE CHARTER AMENDMENT (Citizen Initiated)
A Measure Amending The City Charter To Require That Labor Disputes Between
The City Of San Luis Obispo And The Police Officers'Association And Firefighters'Association
Be Resolved By Binding Arbitration.
Section 1107 Impartial:and Binding Arbitration For San Luis Obispo Police Officers
Association and San Luis Obispo Firefighters Association, TAFF Local 3523, Employee
Disputes.
(a) Declaration of Policy. It is hereby declared to be the policy of the City of San Luis Obispo
that strikes by firefighters and police officers are not. in the public interest and should be
prohibited, and that a method should be adopted for peacefully and equitably resolving disputes
that might otherwise lead to such strikes.
(b) Prohibition Against Strikes. No City of San Luis Obispo firefighter or police officers shall
willfidly engage in a strike against the City. Any such employee against whom the City brings
charges of failing to report for work as part of a strike shall be subject to dismissal from his or
her employment in the event the charges are sustained upon conclusion of the proceedings that
are required by law for the imposition of disciplinary action upon said employee.
(c) Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives,
shall negotiate in good faith with the San Luis Obispo Police Officers Association and/or the San
Luis Obispo Firefighters Association, IAFF Local 3523, as the exclusive representatives of
representation units comprised solely of employees of the police department and/or the fire
department, as such units are currently constituted or as they may be amended through
negotiation or arbitration as provided in this section, on all matters relating to the wages, hours,
and other terms and conditions of City employment. Unless and until agreement is reached
through negotiations between authorized representatives of the City and said employee
organization or organizations or a determination is made through the impartial arbitration
procedure hereinafter provided, no existing benefit, tern or condition of employment for
employees represented by the San Luis Obispo Police Officers Association and/or the San Luis
Obispo Firefighters Association, IAFF Local 3523, shall be altered, eliminated or changed.
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ATTACHMENT 4
Resolution No. (2000 Series)
EXHIBIT A
Page 2
(d) Impasse Resolution Procedures.
(1) All disputes, controversies and grievances pertaining to wages, hours or terms and conditions
of City employment which remain unresolved after good faith negotiations between the City and
said employee organization-shall be submitted to a three member Board of Arbitrators upon the
declaration of an impasse by the City or by said employee organization. Upon declaration of
impasse by either party, the City and employee organization shall each exchange a written last
offer of settlement on each of the issues remaining in dispute.Written last offer of settlement
shall be exchanged between parties within two days of the declaration of impasse.
(2) Representatives designated by the City and representatives of the employee organization shall
each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days
after either party has notified the other, in writing, of the declaration of impasse and the desire to
proceed to arbitration. The third member of the Board.of.Arbitrators shall be selected by
agreement between the City's and the employee's organization representative within ten (10)
business days of the declaration of impasse. This third member shall serve as the neutral
arbitrator and Chairperson of the Board In the event that the City and the employee organization
cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the
date that either party has notified the other that it has declared an impasse, either party may then
request the State Mediation and Conciliation Service of the State of California Department of
Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as
labor arbitrators. If the arbitrators selected. by the City and the employee organization cannot
agree within three (3) days after receipt of such list on one of the seven (7) to act as the third
arbitrator, they shall have five (5) business days to alternately strike names, with the City's
arbitrator striking first, from the list of nominees until one name remains and that person shall
then become the neutral arbitrator and Chairperson of the Board of Arbitrators.
(3) Any arbitration proceeding convened pursuant to this Article shall be conducted in
conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil
Procedure. The Board of Arbitrators shall hold public hearings, receive evidence from the parties
and cause a transcript of the proceedings to be prepared. The Board of Arbitrators may adopt by
unanimous consent such other procedures that are designed to encourage an agreement between
the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.
(4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the
Board of Arbitrators shall direct each of the parties to submit, within such time limit as the Board
of Arbitrators may establish, but not to exceed thirty(30) business days, a last offer of settlement
on each of the remaining issues in dispute. The Board of Arbitrators shall decide each issue by
majority vote by selecting whichever last offer of settlement on that issue it finds most nearly
Resolution No. (2000 Series)
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ATTACHi4
EXHIBIT A
Page 3
conforms to those factors traditionally taken into consideration in the determination of wages,
hours,benefits and terms and conditions of public and private employment, including,but not
limited to the following: changes.in the average consumer price index for goods and services
using the San Francisco-Oakland-San Jose index, as reported at the time impasse is declared for
the preceding twelve (12) months, the wages, hours, benefits and terms and conditions of
employment of employees performing similar services in comparable cities; and the financial
condition of the City of San Luis Obispo and its ability to meet the costs of the decision of the
Board of Arbitrators.
(5) Ager reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy
of its decision to the parties. The decision of the Board of Arbitrators shall not be publicly
disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During
that ten (10) day period the parties shall meet privately, attempt.to resolve their differences, and
by mutual agreement amend or modify the decision of the Board of Arbitrators. At the
conclusion of the ten (10) day period, which may be extended by mutual agreement between the
.parties, the decision of Board of Arbitrators, as it may be modified or amended by the parties,
shall be publicly disclosed and shall be binding on the parties. The City and the employee
organization shall take whatever action is necessary to carry out and effectuate the arbitration
award. No other actions by the City Council or by the electorate to conform or approve the
decision of the Board of Arbitrators shall be permitted or required.
(6) The expenses of any arbitration proceeding convened pursuant to this Article, including the
fee for the services of the chairperson of the Board of Arbitrators and the costs of preparation of
the transcript of the proceedings shall be borne equally by the parties. The expenses of the
arbitration, which the parties may incur individually, are to be borne by the party incurring such
expenses. Such expenses include, but are not limited to, the expense of calling a party's
witnesses, the costs incurred in gathering data and compiling reports, and.any expenses incurred
by the party's arbitrator. The parties may mutually agree to divide the costs in another manner.
(7) The proceedings described herein shall supercede the dispute resolution process for the San
Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Association which
is set forth in Sections 13.2 and 14.1 of City of San Luis Obispo Resolution No. 6620, to the
extent that such language is in conflict with this amendment. Furthermore, the proceedings
described herein shall supercede any language within the Employer-Employee Resolution, the
Personnel Rules and Regulations, any Memorandum of Agreement with the employee
associations or any written policy or procedure relating to wages, hours or other terms and
conditions of City employment, to the extent that such language is in conflict with this
amendment. However, nothing in this section shall preclude the parties from mutually agreeing
to use dispute resolution processes other than the binding arbitration process herein set forth.
Nor, does it preclude the parties from negotiating, and submitting to the arbitration process set
forth herein, a grievance process, which includes a form of binding arbitration that differs from
the one, set forth herein.
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THIS PAGE LEFT INTENTIONALLY BLANK
C8-11D
ATTACHMENT 5
RESOLUTION NO. (2000 SERIES)
A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IlVIPARTIAL ANALYSIS
Whereas, a General Municipal Election is to be held in the City of San Luis Obispo,
California,on November 7,2000, at which there will be submitted to the voters the
following measure:
Measure Shall the San Luis Obispo City Charter be amended to Yes
provide that disputes about wages,hours and other terms and --------------------
conditions of employment that cannot be resolved by negotiations
between the City and the Police Officers' Association and the No
Firefighters' Union be subject to binding arbitration that is final
without City Council or voter approval?
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION I. That the City Council authorizes any and all-members of the City
Council to file(a)written arguments In Favor or Against City measures 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 City measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney,unless the organization or salaries of the City Attorney's
Office are affected The City Attorney shall prepare an impartial analysis of the measure
showing the effect of the measure on the existing law and the operation of the measure. If
the measure affects the organization or salaries of the City Attorney's Office,the City Clerk
shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by
the City Clerk for the filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES: 1 Imo/
C8-12
Resolution No. (200%. .,eries) _
Page 2 ATTACHMIENT
ABSENT:
The foregoing resolution was passed and adopted this 18th day of July,2000.
Allen K Settle,Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
i
ity Attorney
CS-13
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.
WHEREAS, Section 9220 and 9285 of the Elections Code of the State of
California authorizes the City Council,by majority vote, to adopt provisions to provide
for the filing of rebuttal arguments for City measures submitted at municipal elections;
NOW,THEREFORE,The City Council of the City of San Luis Obispo,
California, does resolve, declare, determine and order as follows:
SECTION L. That pursuant to Sections 9220 and 9285 of the Elections Code of
the State of California, when the City Clerk has selected the arguments for and against
the measure which will be printed and distributed to the voters, the City Clerk shall send
copies of the argument in favor of the measure to the authors of the argument against, and
copies of the argument against to the authors 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
is seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensuing
municipal election and at each municipal after that time.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 18th day of July,2000.
C8-14
Resolution No.. (2000 Series)
Page 2 -
Allen K:Settle,Mayor
ATTEST:
Lee Price,C.M.C..
City Clerk
APPROVED AS TO FORM-
vw
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