Loading...
General Correspondencei ia, To: Mejia, Anthony (amejia @slocity.org) Cc: 2dancano @gmail.com; carlynpc @gmail.com; clark4slo @gmail.com; gordmullin @gmail.com; jan @janmarx.com; voterivoire @gmail.com; Hillary Trout (Hillary@ brokenearthwinery.com); Jeri Carroll (Jeri Carroll @att.net); Michelle Shoresman; No on G San Luis Obispo 2014 (contact @slomeasureg.com); SLO Citizens for Measure G ( info @citizensforg.com); tygrif @gmail.com Subject: Open Campaign Committee - Forms Due Soon! 2014 Mayoral and Council Candidates/Treasurers /Committees: You should have received a letter from the Secretary of State informing you that open recipient committees are subject to a $50 annual fee and if payment is not received by January 15, 2015 you could be assessed a late penalty of $150. Therefore: If you intend to terminate your open committee, you should do so before December 31, 2014 to avoid this fee. Please remember that termination of committees must meet the following criteria: • Ceased to receive contributions and make expenditures; • Eliminated or discharged all debts, loans, and other obligations; • Do not anticipate receiving contributions, repayments of outstanding loans made to others, or any receipts in the future, and do not anticipate making expenditures in the future; • Have no funds; and • Filed all required campaign statements, including: • Termination Form 410, filed with the Secretary of State, and a copy with the City Clerk's Office. • Termination Form 460, covering the period of October 19, 2014 through termination date, filed with the City Clerk's Office. • If you intend on running for the same office and desire to keep -your committee open, please be aware that you must redesignate your account by filing a Form 410 (Amendment) to modify the "Year of Election" and you are restricted to running for the same office. This form must be filed with the Secretary of State by December 31, 2014 to be eligible for redesignation. • In addition, you will need to file a semi - annual campaign statement (Form 460) by February 2, 2015 covering the period of October 19, 2014 through December 31, 2014 with the City Clerk's Office. Here are the applicable resource documents and forms: Campaign Disclosure Manual for Local Candidates and Primarily Formed Committees http: / /www.fpp- "a.gov /manuals /manual2local.pdf Statement of Organization Form 410 http: / /www.fpr)c.ca.gov /forms /2012/410.pdf Campaign Statement Form 460 http : / /www.f !op c.ca.gov /forms /rev201206 /460.pdf Please let me know if I can be of any assistance. Happy holidays. Anthony Mejia City Clerk t� r ®� r City Administration City Clerk's Office �w Mejia, Anthony From: Mejia, Anthony Sent: Monday, October 13, 201411:16 AM To: Anthony J. Mejia Cc: Goodwin, Heather, Sims, Shannon Subject: Reminder: 2nd Pre - Election Campaign Disclosure due Oct. 23, 2014 Reminder: The 2nd Pre - Election Campaign Disclosure Documents are due on Thursday, October 23, 2014. If you have an open committee you are required to file a Form 460. The statement period is 10/01/14 through 10/18/14. Please remember that you are required to disclose contributions greater than $50 (such as $50.01) on the Form 460. If you already filed a Form 470, and your status has not changed, no action is necessary. Please remember these documents must be originals. P.S. Reminder that you are required to file a Form 497 within 24 hours if you receive a contribution of $1,000 or more from a single source (such as yourself or a spouse, which is not subject to the $300 contribution limit). You may file the Form 497 by email or fax. If you have any specific questions related to filling out these documents, I highly recommend contacting the FPPC Advice Line at 1- 866 - ASK -FPPC (1- 866 - 275 - 3772). Representatives are available Monday through Thursday from 9:00 a.m. 11:30 a.m. Bcc: 2014 Mayoral and Council Candidates, 2014 Treasurers /Primarily Formed Committees Anthony Mejia City Clerk t+r O r 1 City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity.org Mejia, Anthony From: Mejia, Anthony Sent: Monday, September 29, 2014 5:26 PM To: 2dancano @gmail.com; carlynpc @gmail.com; clark4slo @gmail.com; donhedrick @sbcglobal.net; gordmullin @gmail.com; jan @janmarx.com; Jeffery Specht (angrywoodpeckers @gmail.com); voterivoire @gmail.com; Hillary Trout (Hillary@brokenearthwinery.com), Jeri Carroll (Jeri carrolI @att.net); Michelle Shoresman; No on G San Luis Obispo 2014 (contact @slomeasureg.com); SLO Citizens for Measure G ( info @citizensforg.com); tygrif @gmail.com Subject: Reminder: Campaign Disclosure Documents due Oct. 6th Reminder: Campaign Disclosure Documents are due on Monday. October 6, 2014. If you have an open candidate controlled committee you are required to file a Form 460. The statement period is 07/01/14 through 09/30/14. Please remember that you are required to disclose contributions greater than $50 (such as $50.01) on the Form 460. If you have not opened a candidate controlled committee and do not intend on receiving contributions of $1,000 or expending $1,000, you may file a Form 470. Please remember these documents must be originals. P.S. Reminder that you are required to file a Form 497 within 24 hours if you receive a contribution of $1,000 or more from a single source (such as yourself or a spouse, which is not subject to the $300 contribution limit). You may file the Form 497 by email or fax. If you have any specific questions related to filling out these documents, I highly recommend contacting the FPPC Advice Line at 1- 866 - ASK -FPPC (1- 866 - 275 - 3772). Representatives are available Monday through Thursday from 9:00 a.m. 11:30 a.m. Anthony Mejia City Clerk Urs a City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity.org Mejia. Anthony From: Mejia, Anthony Sent: Wednesday, September 03, 2014 3:14 PM To: 'tgong @co.slo.ca.us' Subject: RE: Measure G -14 Voter Info Guide Pages I have reviewed the entire document and I only have one change. Remove the period (.) following Richard Schmidt's name (Rebuttal to Argument in Favor of Measure G -14). Former SLO Mayor /Former SLO County Board of Supervisors Chairperson s/ Richard Schmidt,. Teacher /Former SLO Planning Commissioner PR-0670-10 Anthony J. Mejia, MMC I City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 tel 1 805.781.7102 - - - -- Original Message---- - From: tgong @co.slo.ca.us [mailto:tgong @co.slo.ca.usl Sent: Monday, September 01, 2014 5:49 PM To: Mejia, Anthony Subject: Measure G -14 Voter Info Guide Pages Hi Anthony, SL WWOO For your review, I've attached the pages (measure text, impartial analysis, tax rate statement, arguments, if applicable) that will be printed in the sample ballot /voter information guide. In order to meet printing deadlines, if there are any changes required, we will need to know by this Friday (Sept 5th). But please let me know asap. (See attached file: G- 14.pdf) Thanks, Tommy Tommy Gong County of San Luis Obispo Assistant County Clerk- Recorder 805 - 781 -5080 email: tgong @co.slo.ca.us Website: www.SLOvote.com Like Us: www .facebook.com /slocountyclerkrec Follow Us: www.twitter.com /slocountyclerk [Scanned @ co.slo.ca.us] Mejia, Anthony From: Mejia, Anthony Sent: Tuesday, September 02, 20141:58 PM To: Mejia, Anthony Cc: Goodwin, Heather Subject: Treasurer E -Mail Addresses Candidates: If you have a treasurer and would like them included in communications related to financial disclosure communications, please send me an email address and I will included them in future communications. Thank you. Bcc: Cano Christianson Clark Mullin Rivoire Anthony Mejia City Clerk � 1 City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 sloc:ity.org Mejia, Anthony From: Mejia, Anthony Sent: Tuesday, September 02, 201412:48 PM To: Mejia, Anthony Cc: Goodwin, Heather Subject: Early Reminder - Form 460/470 due October 6th Early reminder: The FPPC Form 460 is due on Monday, October 6, 2014. The statement period is 07/01/14 through 09/30/14. Please remember that you are required to disclose contributions greater than $50 (such as $50.01) on the Form 460. Please remember an originally signed statement must be filed by the deadline. P.S. Reminder that you are required to file a Form 497 within 24 hours if you receive a contribution of $1,000 or more from a single source. You may file the Form 497 by email or fax. Anthony Mejia City Clerk � c4e:�!� City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity.org Mejia, Anthony From: Mejia, Anthony Sent: Tuesday, September 02, 2014 9:38 AM To: Mejia, Anthony Cc: Goodwin, Heather Subject: Early Reminder - Form 460/470 due October 6th Early reminder: Campaign Disclosure Documents are due on Monday, October 6, 2014. If you have an open candidate controlled committee you are required to file a Form 460. The statement period is 07/01/14 through 09/30/14. Please remember that you are required to disclose contributions of $50 or more on the Form 460. If you have not opened a candidate controlled committee and do not intend on receiving contributions of $1,000 or expending $1,000, you may file a Form 470. Please remember these documents must be originals. P.S. Reminder that you are required to file a Form 497 within 24 hours if you receive a contribution of $1,000 or more from a single source (such as yourself or a spouse, which is not subject to the $300 contribution limit). You may file the Form 497 by email or fax. Anthony Mejia City Clerk City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity org Mejia, Anthony From: Mejia, Anthony Sent: Friday, August 29, 2014 9:21 AM To: 'tgong @co.slo.ca.us' Subject: RE: Impartial Analysis Requirement Please place the required sentence as follows: Paragraph III: This measure was placed on the ballot by the City Council of the City of San Luis Obispo. Measure G -14 would amend Chapter 3.15 of the City's Municipal Code to authorize the City to continue to levy a 1/2 percent .... Anthony J. Mejia, MMC I City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 tel 1 805.781.7102 - - - -- Original Message---- - From: teone @co.slo.ca.us [mailto:tgong @co.slo.ca.us] Sent: Friday, August 29, 2014 9:05 AM To: Mejia, Anthony Subject: Fw: Impartial Analysis Requirement Tommy Gong County of San Luis Obispo Assistant County Clerk- Recorder 805 - 781 -5080 email: tgong @co.slo.ca.us Website: www.SLOvote.com Like Us: www .facebook.com /slocountyclerkrec Follow Us: www.twitter.com /slocountyclerk - - - -- Forwarded by Tommy Gong/ClerkRec /COSLO on 08/29/2014 09:04 AM - - - -- From: Tommy Gong/ClerkRec /COSLO To: ameiiia @slocity.or� Date: 08/28/2014 02:50 PM Subject: Impartial Analysis Requirement Here's some sample language Anthony: This measure is being placed on the ballot by a petition signed by the requisite number of voters. M+ r City Administration r�. 990 Palm Street, San Luis Obispo, CA 93401 -3249 805 781.7114 - -- to v,, August 27, 2014 Kevin P. Rice PO Box 14107 San Luis Obispo, CA 93406 Mr. Rice, I am in receipt of your letter of complaint dated August 27, 2014 regarding the use of abbreviations in committee names. Please be informed that the Secretary of State is the filing official as it pertains to the Statement of Organization (Form 410). Letters of complaint should be submitted directly to the Secretary of State Political Reform Division which is responsible for reviewing and approving committee names. I will consider this matter closed as the City Clerk's Office has no authority to review determinations made by the Secretary of State's Office. You may contact the Secretary of State Political Reform Division at (916) 635 -6224 or: Secretary of State Political Reform Division 1500 1 Vh Street, Room 495 Sacramento, CA 95814 If you have any additional questions or concerns, please feel free to contact me at (805) 781 -7102 or amej iana,slocity.org. Sincerely, yr nthon City Cl Kevin P. Rice PO Box 14107 San Luis Obispo CA 93406 -4107 (805) 602 -2616 kriceslogamail.com Tuesday, 2014 August 27 Anthony Mejia City Clerk San Luis Obispo City Hall 990 Palm St San Luis Obispo CA 93401 -3236 amej iat'crslocity.org Subject: Complaint RE: Political committee names containing acronyms Dear Clerk Mejia: This is to inform you that SLO Citizens for Measure G is improperly using a committee name containing an acronym. (Exhibit A: FPPC Form 410 filings for SLO Citizens for Measure G.) FPPC Regulations (2 CCR § 18410(a)(3)) requires a full name, not an acronym to be used for committee names. (Exhibit B: FPPC Reg. § 18410, at p. l.) I am providing you with a Notice of Rejection (Exhibit C) from the Secretary of State which illustrates the exact issue I am bringing here, that is, rejection of the acronym "SLO" in a committee name. Thank you for your concern. Best regards, Kevin P', Wilc?5��7 (805) 602 -2616 i a � II! � g q� �U 5 m } 3 !V 0 W w co 'M W .Oi O U. R c a f w a Nv r G U O M cn rU O a U) Fn O co Z o Q cn N v Y e 3 � � 3 a u o 8 o F .m n ❑ a u W 9 TWT �I b 2 Z O E ® c L_O r �O c� s Q D N� o, g q� �U 5 m } 3 !V 0 W w co 'M W .Oi O U. R c a f w a Nv r G U O M cn rU O a U) Fn O co Z o Q cn 1 U m ''O^ V/ J Z U) N Lo m �09 a d) a v Y e 3 � � 3 a u o 8 F .m n a E u W TWT R7 N 2 Z L_O r s Q D o, C Y Z t 6 � a LLJ o N 1 1 U m ''O^ V/ J Z U) N Lo m �09 a d) a v a u .m a E u R7 2 s yI i Y Z t e@P 6 � W 1 k� IE .A .c E" 2 00 0 aL a C to N r N ro r W 9 O oil Q 6 4 O ip N d •E O E w N 2 w O 00 C C o E 2 o .at X 0 .o c O _T C O Y u v L U C LO U O1 01 v no c C y vt C O u o Q w Ln m ❑ cv c m u U E E u O O O U w O Z 0. C0. o u `o ❑ a as CL 3 In In o E O a, u E w Z ❑ C W E L u m m C m c O 0 c O CL tn to c 0 v m m J z z zz 0 a 0 i °o N a u z +I z I m 0 El 7 ar: c oI C, N m C z V a o O1 0 }}N F+ E E O U An L • • c m c w a O c LA L 01 Y E E O u L • • m m v E `0 00 > -4 > Ln o an 0 00 0 41 � v '-I v m d' 00 VI V1 C cu O m :2 01 (n C a) u v v Y m a) aai E T 0/ � O c � m � 01 N u O m v C � > O m 0. v m CL o c 3 E > u > O O � o v aJ % > v ai m T � oa v u ul L ut 'F_+ ry a� Ln aCp O .� -C) N O- 0J E :3 to u ai IA a 7 CL E a LL o °J o E 0000 E w o r, n w c O � 0 Y CU jn c E aw 0 41 -0 -° u° M 00 00 U ut C aJ d 0 C W L O � L Y min yt v v o w H U _ H i 0 c 1 m N A 0 N 6 JL o to 10 o o m LL. CL a LL w d u 7 9 N O1 V a u CL a LL F-- T. im § LA � |§) f t § \ E 3 ~ � \ ❑3 |{ O- §2 . \ \ ❑� � © O C> E ƒ ■ n § CD o LLI § ' ■ 2 � [ AE � z �] L ) of & mo 0 , } 3 ) r E CL ® U E IEC O ._ ! 2 R C/) & ., @ 6& V) « e & q 0 �« § U O a m m O cn � � 2 « .m ) O Q- U) m O U) � � 2 « m w W W 2 � 2 O � ) � q 2 § � �2 b O 2 U Z�w ! w = m / / / § \- 2 ƒ \ \ } k k � \ j J v u 0 ig / 0 CL z �I co co C13 a � 05� \ k � ■ § [ C%J =�o 7 0 0 ; ± 2 \ CL \ 0P, \kCL 224 �f$E o DO ) � E u V k « � S2 ' ' rp � �| . L cc Z Z . . e & q 0 �« § U O a m m O cn � � 2 « .m ) O Q- U) m O U) � � 2 « m w W W 2 � 2 O � ) � q 2 § � �2 b O 2 U Z�w ! w = m / / / § \- 2 ƒ \ \ } k k � \ j J v u 0 ig / 0 CL z �I co co C13 a � 05� \ k � ■ § [ C%J =�o 7 0 0 ; ± 2 \ CL \ 0P, \kCL 224 �f$E o DO ) � E u V k « � 0P, \kCL 224 �f$E o DO ) � E u V k « � la 13 c 2 : ■ �2 0 k / 2 § z � •� § � � k � k � E / k i 2 E \ k _ E E § & 2 § 2❑ di C / E E \§ Ck o S o \ ■ _ # a E �� )❑ E \ § ; § ) g \ $ a 0 d | � E k $ f cr \ � \ � k � ± 0 _ \ ■ a a) tw 0 } k § / v / m a o 7 = J § k ƒ 2 \ o ) � � � ] k 2 $ \ w ± & # f 2 & § 2 = 7 f ƒ c E \ 2 k \ 2 k ci a o c 2 \ / § r \ \ j C § 2 2 k § f i M EL — a ` ° a ( 2 § 7 = @ 3 L G } n m t @ lu Qj . _ a) § u E E E E © § § � V 0) \ k g Ln �- k\ / E $2 _0 W /ƒ \k £§ 000 /k /§ }\ 2 r j u =w j o k� ± ; \Ek N Ln E/$ / / CL CL & ; � U � � (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18410. Statement of Organization. (a) The Secretary of State shall reject the filing of a Statement of Organization unless it contains all of the following information: (1) Indication of the "Statement Type," whether initial, amendment, or termination and, if the committee has qualified, the date of qualification or, if the statement is a termination statement, the date the committee terminated. (2) The committee identification number, if the filing is an amended statement. (3) The full name, as required by the Act and Commission regulations, street address, email address, and telephone number of the committee. (4) The full name, street address, and telephone number of the treasurer. (5) Indication of the type of committee by completing at least one of the following sections: controlled committee; primarily formed committee; or general purpose committee. (6) If the committee is a candidate controlled committee, the full name and office sought by a candidate, including district number, if applicable. (7) If the committee has qualified, the name and address of the financial institution where the campaign bank account is located and the account number. (8) If the committee is a noncandidate controlled committee, the name of each principal officer as set forth in Section 84102(c) and Regulation 18402.1. (9) If the committee is a committee primarily formed to support or oppose specific candidates or measures in a single election, the name of the candidate or the number, letter, or (c) Notwithstanding the above provisions, if the statement of organization filed is an amendment or termination and the information contained on the previous statements of organization filed by the committee is correct, the amended statement need only include the committee name, identification number, and verification along with the amendment, if an amended statement, or the termination date, if a termination statement. Note: Authority cited: Section 83112, Government Code. Reference: Sections 84101, 84102 and 84103, Government Code. HISTORY 1. New section filed 5 -8 -2009; operative 6 -7 -2009 (Register 2009, No. 19). For prior history, see Register 96, No. 43. 2. Amendment of section heading and subsections (a)(3) and (a)(6), new subsections (a)(7) and (a)(12), subsection renumbering and amendment of newly designated subsection (a)(8) and subsection (b) filed 12 -28 -2012; operative 1 -27 -2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2012, No. 52). Secretary Of State NOTICE OF REJECTION Statemcut of Organization (Form 410) Name of Filer: The Fair Political Practices Commission requires the Secretary of State to reject Statements of Organization (Form 410) that do not provide all of the information required by 2 Cal. Code of Regulations (CCR),§ 18410. Your Form 410 is being returned for the reason(s) circled below: 1. The Form 410 (Page 1) does not indicate a "Statement Type." Please indicate whether it is an "Initial," "Amendment," or "Termination" filing by checking the appropriate box. Also: a. If Initial — Indicate if the committee has "Not yet qualified" OR, if it has qualified as a committee, the date of qualification. (2 CCR § 18410(a)(1)) b. If Amendment — Indicate the name and ID number of the committee. (2 CCR § 18410(a)(2) and (c)) c. If Termination — Indicate the ID number of the committee and the date of termination. (2 CCR § 18410(a) and (c)) 2. The proposed name of the committee conflicts with the name of another committee. (2 CCR § 18402(b)) The conflict is with: I.D. # (2,, The Form 410 (Page 1. Section 1) does not include the full name of the committee: (2 CCR § 18410(a)(3)) A full name, not an acronym, is required. (2 CCR § 18410(a)(3)) S �_� b. The name of the committee does not include the name of its sponsor(s). (Government Code § 84102(a) and 2 CCR § 18419(b)(l)) c. The name of the committee does not include the number or letter of the applicable ballot measure and support/oppose position. (Government Code §84107 and 2 CCR §§ 18410(a)(3), 18402(c)(4)(E)) d. The name of the candidate - controlled committee does not indicate the last name of the controlling candidate(s). (2 CCR § 18402(c)(1)) e. The name of the candidate - controlled committee formed for the purpose of the candidate's election (election held on or after January 1, 2009) does not include: (1) the last name of the candidate, (2) the office sought, and (3) the year of the election. (2 CCR § 18402(c)(2)) f. The name of the noncandidate- controlled committee primarily formed to support or oppose one or more candidates does not include the last name(s) of the candidate(s), the office(s) sought, the year of the election, and whether the committee supports or opposes the candidate(s). (2 CCR § 18402(c)(3)) g. The name of the state "officeholder" committee does not include the last name of the controlling officeholder, the office held, the year the officeholder was elected to the current term of office, and the words "Officeholder Account." (2 CCR § 18531.62(c)(2)) h. The name of the Ieeal defense fund committee does not include the candidate's or officer's last name and the words "Legal Defense Fund." (2 CCR §§ 18530.4(b) and 18530.45(c)) The name of the committee controlled by the target of a recall does not include the words "Recall" and the name of the elected official who is the target of the proposed recall. (2 CCR § 18531.5(c)(1)) j. The name of the committee primarily formed to support or oppose the recall of an elected officer does not include the name of the elected officer proposed to be recalled and whether the committee is in support of or in opposition to the proposed recall. (2 CCR § 18531.5(c)(3)) (OVER) Mejia, Anthony From: Mejia, Anthony Sent: Monday, August 18,2014 10:49 AM To: jrodewald @co.slo.ca.us' Subject: RE: Candidate soq Jeffery Spect is Jeffery Conley Specht Donald Hedrick wants Donald E. Hedrick I believe that Jeffery Specht is supposed to appear before Jan Marx on the ballot. Anthony J. Mejia, MMC I City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 tel 1 805.781.7102 - - - -- Original Message---- - From: iodewald@co.slo.ca.us [mailto:irodewald@co . slo.ca.us] Sent: Monday, August 18,2014 10:29 AM To: Mejia, Anthony Subject: Candidate soq Anthony- this is what we show for your candidates' statements. Let me know if there are any errors Julie SOQ? Spanish? (Embedded image moved to file: pic27648.gif) Julie L. Rodewald San Luis Obispo County Clerk- Recorder 805 781 -5080 JRodewald @co.slo.ca.us Website: www.SLOvote.com Like Us: www. facebook.comislocountyclerkrec. Follow Us: www.twitter.com /slocountyclerk P ITy nC e m 1 III c mitim."AMD Mejia, Anthony From: Mejia, Anthony Sent: Friday, August 15, 2014 12:43 PM To: Mejia, Anthony Cc: Lichtig, Katie; Department Heads; Sims, Shannon; Goodwin, Heather, Kremke, Kate Subject: Agenda Notifications & Orientation Reminder Mayoral and Council Candidates: Congratulations on successfully completing the nomination process for the November 4th Municipal Election. You will be receiving email notification of the City Council agenda packets as well as agenda correspondence (documents related to agenda items that have been received after the agenda has been distributed). As you know, we have scheduled a candidate's orientation with the City Manager and Department Heads on Thursday, August 21, 2014 at 5:30 p.m. The orientation will be held in the City Hall Council Chambers, 990 Palm Street. If you are not going to be able to attend the orientation, please let me know. I look forward to seeing you on Thursday. Bcc: Mayoral and Council Candidates Anthony Mejia City Clerk City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity.w,g Mejia, Anthony From: Mejia, Anthony Sent: Thursday, August 14, 20141:25 PM To: tgong @co.slo.ca.us Subject: Candidate Statements for City Council Attachments: Candidate Statement - Gordon Mullin.docx; Candidate Statement - Mike Clark.docx; Candidate Statement - Carlyn Christianson.docx, Candidate Statement - Dan Cano.docx; Candidate Statement - Dan Rivoire.docx; Nomination Packet - Carlyn Christianson - Council.pdf; Nomination Packet - Dan Cano - Council.pdf; Nomination Packet - Dan Rivoire - Council.pdf, Nomination Packet - Gordon Mullin - Council.pdf, Nomination Packet - Mike Clark - Council.pdf Tommy, Attached are the candidate statements for the City Council candidates. Below are the names (in order of the randomized alphabet) and ballot designations to appear on the ballot. Please let me know if there are other documents that you need. Carlyn Christianson did request a Spanish translation and printing. • DAN RIVOIRE o Nonprofit Executive Director • CARLYN CHRISTIANSON o City Council Member • MIKE CLARK o Retired Army Officer • DAN CANO o Executive Director • GORDON MULLIN o Financial Advisor Anthony Mejia City Clerk GPI V �+++ �` City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 sloc:iiy.org Mejia, Anthony From: Mejia, Anthony Sent: Monday, August 11, 201411:45 AM To: tgong @co.slo.ca.us Subject: Candidate Statements for Mayoral Position Attachments: Candidate Statement - Jeffery Specht.docx; Candidate Statement - Jan Marx.doc; Nomination Packet - Donald Hedrick - Mayor.pdf, Nomination Packet - Jan Manx - Mayor.pdf, Nomination Packet - Jeffery Specht - Mayor.pdf Tommy, Attached are the candidate statements and waiver of a candidate statement by Donald Hedrick. Below are the names and ballot designations to appear on the ballot. Please let me know if there are any other documents that you need. The nomination period has been extended to Wednesday for the Council seats. • DONALD E. HEDRICK o ARTISAN WHALE MAKER • JAN MARX o MAYOR • JEFFERY CONLEY SPECHT o ENTREPRENEUR Anthony Mejia City Clerk Cati"� Y A tEfYB �� City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 ,, ocity.org Mejia, Anthony From: Mejia, Anthony Sent: Thursday, August 14, 201412:43 PM To: Mejia, Anthony Cc: Lichtig, Katie; Dietrick, Christine Subject- Randomized Alphabet for November 4, 2014 Attachments: Random Alphabet.pdf Attached is the press release from the Secretary of State for the randomized alphabet set for the November 4 General Election Ballots. The names on the ballot for Mayor and Council races will appear as follows: MEMBER OF CITY COUNCIL (Vote for no more than Two) o DAN RIVOIRE Nonprofit Executive Director o CARLYN CHRISTIANSON City Council Member o MIKE CLARK Retired Army Officer o DAN CANO Executive Director o GORDON MULLIN Financial Advisor /Businessman MAYOR (Vote for One) o DONALD E. HEDRICK Artisan Whale Maker o JEFFERY CONLEY SPECHT Entrepreneur o JAN MARX Mayor If you have any questions, please don't hesitate to call. Bcc: Mayor & Council Candidates Council All Anthony Mejia City Clerk ZI r City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity. org � 4P 0 MH� qMM1PcMi,x1,M11,ORN1A SECRETARYOF ST.1 DB14:060 FOR IMMEDIATE RELEASE Contact: Nicole Winger August 14, 2014 (916) 653 -6575 Randomized Alphabet Set for November 4 General Election Ballots S.. CRAMENTO — Staff at Secretary of State Debra Bowen's office today held a randomized alphabet drawing to determine the order that candidates' names will appear on the November 4 General Election ballots. The results of today's drawing are as follows: 1.H 8. J 15.A 22.Y 2.S 9.0 16.M 23.W 3.R 10.N 17.D 24.F 4.P 11.G 18.E 25.K 5.0 12. B 19. X 26.1 6.L 13.0 20.Z 7. V 14. Q 21. T In accordance with California Elections Code section 13111, the names of candidates on the ballot are arranged based on the randomized alphabet. This alphabet applies throughout the entire last name of the candidate. If the names of two or more candidates begin with the same letter, their ballot listing order is determined by applying the randomized alphabet to the next letter(s) of their names. If last names of multiple candidates are the same, the randomized alphabet also applies to first names. Today's randomized alphabet drawing was held in the Elections Division of the Secretary of State's office in compliance with Elections Code section 13112. Staff pulled the letters in a lottery -style drawing, with witnesses from the public present. 1500 IITII STREET • SACRAMENTO CA 95814 • TEL(916) 653-6575' FAx(g16) 653-4620 - WWW.SOS.CA.GOV Me ia. Anthony From: Mejia, Anthony Sent: Thursday, August 07, 2014 3:51 PM To: Mejia, Anthony Subject: Final Reminder - Candidate Nomination Papers Potential Candidate: This is the final reminder to file your nomination papers before the 5:00 p.m. deadline of Friday, August 8, 2014. If an incumbent does not file by the deadline, the nomination period will be extended to Wednesday, August 13, 2014 by 5:00 p.m. The Mayoral Incumbent's nomination has already been verified, therefore the nomination for Mayor will NOT be extended. Bcc: Daniel Cano Daniel Rivoire Donald Hedrick Anthony Mejia City Clerk u� r fu�a� • is 1 City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 w (, I, Mejia, Anthony From: Mejia, Anthony Sent: Friday, August 01, 201410:45 AM To: Mejia, Anthony Subject: Candidate Nomination Papers Potential Candidates: This is a reminder that nomination papers are due by August 8t' at 5:00 p.m. Once submitted it will take some time.(could be up to 24 hours) to verify voter registration status; if nomination papers are submitted last minute, it will eliminate the possibility of issuing a supplemental nomination paper (if necessary). I will be out of the office after 2:00 p.m. today — But I will be in all next week. It would be preferable if you could schedule a 30- minute appointment but not required. Anthony J. Mejia I City Clerk CILY Or SAn LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 tel 1805,781-7102 Mejia, Anthony From: Mejia, Anthony Sent: Friday, August 01, 201411:35 AM To: 'gordonmullin @gmail.com' Subject: Form 460 - Semi - Annual Statement Mr. Mullin, I wanted to let you know that I will be waiving the late fee of $10 for your Form 460 which was due on July 31, 2014 if submitted today. I did receive a phone call from your Assistant Treasurer yesterday and understand that your Treasurer was out of town and unable to sign the document, therefore it was unintentional and would not further the objectives of Political Reform Act by issuing a fine. Thank you. Anthony Mejia City Clerk r tt City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 iGiy.ai Mejia, Anthony From: Kremke, Kate on behalf of Mejia, Anthony Sent: Thursday, July 03, 201410:35 AM To: Kremke, Kate Cc: Mejia, Anthony Subject. RE: SEMI- ANNUAL CAMPAIGN STATEMENTS Importance: Thursday, July 3, 2014 Carlyn R. Christianson High (PLEASE RESPOND TO THIS EMAIL) RE: SEMI- ANNUAL CAMPAIGN STATEMENTS Dear Ms. Christianson, State Law requires that open committees file semi - annual campaign statements. Statements must reflect funds received or spent during the period of January 1, 2014 through June 30, 2014. An interactive Form 460 is available at the Fair Political Practices Commission (FPPC) website at www.fppc.ca.gov. Hard copies are available in the City Clerk's Office upon request. Please complete and return the form to my office no later than July 31, 2014. Government Code Section 91013 imposes a $10 per day fine after the filing deadline until the statement is filed. The liability is limited to the cumulative amount of contributions received or expenditures made for the period covered by the late statement or $100, whichever is greater. Should you have any questions or need additional information, please do not hesitate to contact me at (805) 781 -7102. Respectfully, Anthony J. Mejia, CIVIC City Clerk Anthony Mejia City Clerk Z Y � e re �+ Q. rr°j 1 i Mejia, Anthony From: Kremke, Kate on behalf of Mejia, Anthony Sent: Thursday, July 03, 201410:38 AM To: Kremke, Kate CC: Mejia, Anthony Subject: RE: SEMI - ANNUAL CAMPAIGN STATEMENTS Importance: High (PLEASE RESPOND TO THIS EMAIL) Thursday, July 3, 2014 Ms. Jan Marx 265 Albert Drive San Luis Obispo, CA. 93405 RE: SEMI - ANNUAL CAMPAIGN STATEMENTS Dear Ms. Marx, State Law requires that open committees file semi - annual campaign statements. Statements must reflect funds received or spent during the period of January 1, 2014 through June 30, 2014. An interactive Form 460 is available at the Fair Political Practices Commission (FPPC) website at www.fppc.ca.gov. Hard copies are available in the City Clerk's Office upon request. Please complete and return the form to my office no later than July 31, 2014. Government Code Section 91013 imposes a $10 per day fine after the filing deadline until the statement is filed. The liability is limited to the cumulative amount of contributions received or expenditures made for the period covered by the late statement or $100, whichever is greater. Should you have any questions or need additional information, please do not hesitate to contact me at (805) 781 -7102. Respectfully, Anthony J. Mejia, CIVIC City Clerk Anthony Mejia City Clerk a 1 Mejia, Anthony From: Kremke, Kate on behalf of Mejia, Anthony Sent: Thursday, July 03, 201410:48 AM To: Kremke, Kate Cc: Mejia, Anthony Subject: RE: SEMI - ANNUAL CAMPAIGN STATEMENTS Importance: High (PLEASE RESPOND TO THIS EMAIL) Thursday, July 3, 2014 Mr. Gordon Mullin 1804 Garnette Dr. San Luis Obispo, CA. 93405 -6210 RE: SEMI- ANNUAL CAMPAIGN STATEMENTS Dear Mr. Mullin State Law requires that open committees file semi- annual campaign statements. Statements must reflect funds received or spent during the period of January 1, 2014 through June 30, 2014. An interactive Form 460 is available at the Fair Political Practices Commission (FPPC) website at www.fppc.ca.gov. Hard copies are available in the City Clerk's Office upon request. Please complete and return the form to my office no later than July 31, 2014. Government Code Section 91013 imposes a $10 per day fine after the filing deadline until the statement is filed. The liability is limited to the cumulative amount of contributions received or expenditures made for the period covered by the late statement or $100, whichever is greater. Should you have any questions or need additional information, please do not hesitate to contact me at (805) 781 -7102. Respectfully, Anthony J. Mejia, CIVIC City Clerk Anthony Mejia City Clerk C City Administration From: Mejla, Anthony Sent Fri 7/25/2014 1:55 PM To: Mejla, Anthony Cc Bec tantjanmarx.com: gordonmumn;rgmail.corr , Carlvn Chr*tanson tcailiroc4gmad.com }; Amnhednrk4sbtgfoUal, net'.' Clark- lsin49maCcem :'vnterniareggmad.com: '2dancano®gmai1,00m' Subject: FPPC Candidate and Treasurer Workshop Training The following link http : /Nvww.youtube.comluser/CAFPPC will take you to the FPPC YouTube page which contains a Candidate and Treasurer Workshop video series. The five videos only takes 38 minutes to complete I encourage everyone to take the time and watch the videos. Please let me know if you have any questions. Anthony Mejia City Clerk CM OF SiM LUIS OHISPO City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E arnelia @slocity.org T 805.781.7102 sGr�city air,, M City Administration 990 Palm Street, San Luis Obispo, CA 93401 -3249 805.781 7114 June 10, 2014 Julie Rodewald, County Clerk- Recorder County of San Luis Obispo 1055 Monterey Street, Room D120 San Luis Obispo, CA 93408 Dear Ms. Rodewald; Enclosed are certified copies of the following resolutions in preparation for the City's General Municipal Election to be held on November 4, 2014. • Resolution No. 10518 entitled "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 4, 2014, for the election of certain officers as required by the provisions of the City Charter and adopting regulations for Candidates' Statements." • Resolution No. 10519 entitled "A Resolution of the City of San Luis Obispo, California, requesting the San Luis Obispo County Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be held on that date." Thank you for your assistance and if you have any questions, please contact my office at (805) 781 -7100. Sincerely, c y'►r C 6Arnitkony J. Meji City Clerk — Enclosures Mejia. Anthony From: Mejia, Anthony Sent: Tuesday, June 10, 2014 3:52 PM To: tgong @co.slo.ca.us Subject: City of San Luis Obispo - Request for Consolidation Attachtnents: San Luis Obispo - General Election and Consolidation - 11- 04- 14.pdf Tommy, Attached is a letter and certified resolutions calling the General Municipal Election and request for consolidation with the County for November 4, 2014. A hard copy has been placed in the mail. Please let me know if you have any questions or concerns. The Council is likely to submit a ballot measure for the same election (consideration will occur on July 1, 2014). Will the County want another resolution requesting consolidation for that item to be submitted on the same ballot? Anthony Mejia City Clerk C,TY,� 1 0 4 «-S �4 City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amejia @slocity.org T 805.781.7102 slocity,org RESOLUTION NO. 10518 (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND ADOPTING REGULATIONS FOR CANDIDATES' STATEMENTS WHEREAS, under the provisions of the San Luis Obispo City Charter Section 302, a General Municipal Election shall be held on Tuesday, November 4, 2014, for the election of Municipal Officers. NOW, THEREFORE, 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 on Tuesday, November 4, 2014, for the purpose of electing a Mayor for the full term of two years and two Council Members for the full term of four years each. SECTION 2. Pursuant to Election Code Section 13307, each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 200 words, which statement will be printed and mailed out with the sample ballot. SECTION 3. The candidate shall be required to pay for the cost of printing the candidate's statement in the voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling, and mailing the candidates' statements filed pursuant to this section, and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of his or her statement in the voters' pamphlet. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for any additional actual expense or refund any excess amount paid depending on the final actual cost. Said amount will include the cost for the translation and printing in the voters' pamphlet the statement in Spanish, if requested by the candidate. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days following notification by the Registrar of Voters office of the exact cost. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. 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 Section 14401 of the Elections Code of the State of California. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution. R 10518 Resolution No. 10518 (2014 Series) Page 2 Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of May 2014. � r Jan Marx ATTES . M i e fl�r�"Uarr 4� f ny J. Mej a, qMC City Clerk APPROVED AS TO FORM: K 'Christine Dietrick City Attorney CERTIFICATION I, Anthony J. Mejia, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 10518 (2014 Series), adopted by the San Luis Obispo City Council on May 6, 2014. Witness my hand and the seal of the City of San Luis Obispo on this 10'` day of June, 2014. RESOLUTION NO. 10519 (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, 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 General Municipal Election to be held on November 4, 2014, for the purpose of the election of a Mayor and two Members of the City Council; and WHEREAS, Section 302 of the City Charter establishes November of even - numbered years as the 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, BE IT RESOLVED that the Council of the City of San Luis Obispo does 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 consent and agree to order the consolidation of the General Municipal Election with the Statewide General Election to be held on Tuesday, November 4, 2014 for the purpose of the election of a Mayor and two Members of the City Council. 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. R 10519 Resolution No. 10519 (2014 Series) Page 2 SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of May 2014. 'My an Marx ATTEST: Ant 'y J. Mej ity Clerk APPROVED AS TO FORM: 4.isline Dietrick City Attorney CERTIFICATION I, Anthony J. Mejia, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 10519 (2014 Series), adopted by the San Luis Obispo City Council on May 6, 2014. Witness my hand and the seal of the City of San Luis Obipo on this 10th day of June, 2014. phony J. Meji;V CMC City Clerk Mejia, Anthony_ From: Mejia, Anthony Sent: Wednesday, July 09, 201412:16 PM To: 'Richard Schmidt' Subject: RE: Bona Fide Associations I agree that a bona fide association should be loosely interpreted and in the "Definition of Terms" a Bona Fine Association of Citizens is a recognized group of citizens bound together by a common interest or cause. The backside of the form entitled "Form of Statement to be Filed by Authors of Arguments" may be causing some confusion. Category 1 is intended for "groups or organizations not formed to support or oppose the measure" such as the Chamber of Commerce, Downtown Association, or Residents for Quality Neighborhood. These groups /organizations were not formed on the primary basis of supporting or opposing a ballot measure but may still be a bona fide association. Category 2 is for a group /organization formed primarily to support or oppose a ballot measure, such as a group calling themselves the "Committee to Oppose Measure Gr' or "Committee to Support Measure Gr'. In this case the association was formed primarily for the ballot measure. If the committee intends to raise or expend funds, then it would be required to file a FPPC Form 410. TO BE COMPLETED BY BONA FIDE ASSOCIATIONS: �. 1h^ nloral.:•6(m r. •nhmith•itb -, th.• mthor I) th.it 11),- c.��rV.ani:,It�uh � >r FJ urr�: i�: a E•��n.j i iilr Rk:.nualiaa ..�f Clli :fin; _: 1 P:urro F;dv A,• ,.. 11-n ut C ti:rns IL;rouh or or,ar ;::dnrtl lus ni•t 1u111- iS to .%IJ•I AT nr tti� rsW^O'_i�ra'9 Nowk- in ::...,:•dTii�rl PrI;rilml 14fic.-r'c Pr rlyd PJan'u•: T tle• Ph"11v ). T!crcn ri•:ir :'.+ +oc, .,t. aN, 01 r iti:,r -• e,6 --wIP c:1, orvani.•. :Gun h:r•. IAren lorrnod L, v.r 1,''I � at nr ,'•l -q ��n ;.r th.� rtiF•a•.I�I.�) w.mm.• M a•.,.:,• aliorl 1'r e ip,) l offir.- r- •.Prrtr.SFJ.rn-�-___. T tk- I'hurlr^ i .. I L arl I hope this helps and let me know if you need additional clarification. Anthony J. Mejia I City Clerk C1t,\,) dl' Si11 11,11$ 06IS1)0 990 Palm Street San Luis Obispo, CA 93401- tel 805.78:L.7101 From: Richard Schmidt [mailto:slobuild @yahoo.com] Sent: Wednesday, July 09, 2014 10:25 AM To: Mejia, Anthony Subject: Bona Fide Associations Dear Mr. Mejia, I have a question about the pages in the election packet you emailed regarding "bona fide associations" writing ballot arguments. The form you sent states that the association may not be formed for the purpose of political expression, i.e., to support or oppose a particular proposition. My question: is this something the city has come up with? If so, it surely violates the First Amendment. So, I'd like to know if this is the city's idea of what constitutes and association, or if there's some higher authority dictating this definition. My question in part is based on past experience: when I was working on a previous ballot measure, and got caught up in a lawsuit, my attorney -- and the court -- stated that I was part of an association of individuals working on that ballot measure, and not an individual. I have always assumed since that the legal meaning of "association" is very loose, and would exclude the limitation stated on your forwarded forms. I'd appreciate clarification, as it seems the restriction stated on the forms -- if it originates from the city -- is an unwise attempt at limitation of Americans' political rights of association. Richard Schmidt Mejia, Anthony From: Mejia, Anthony Sent: Tuesday, July 08, 2014 3:20 PM To: 'Richard Schmidt' Subject: RE: Measure G Attachments: FM3.pdf Attached is the vender report for the 2010, 2011 and 2014 Surveys which shows the dates checks were cut for FM3: 2010 Survey 05/28/10, 06/04/10, & 12/30/10 = Two Payments of $12,500 totaling $25,000 and a travel reimbursement for $423 2011 Survey 11/10/11 & 12/02/11 =Two Payments of $12,500 totaling $25,000 2013 Survey 02/21/14 = $25,000 There has not been additional polling since the 2013 survey. As for 2005 and 2006, the account payable documentation has been destroyed pursuant to the City's retention schedule which is "audit + 5 years ". In addition, these surveys were not approved by Council because the amounts would have been $25,000 or under, which is within the City Manager's authority and therefore I am unable to verify the amounts spent at those times. Please let me know if you need anything else. Anthony J. Mejia I City Clerk acv or san luis omspo 990 Palm Street San Luis Obispo, CA 9340.1 tel 18o,.781.7io2 From: Richard Schmidt [mailto:slobuild @yahoo.com] Sent: Tuesday, July 08, 2014 12:54 PM To: Mejla, Anthony Subject: Re: Measure G Mr. Mejia, I can refine what I'm looking for a bit more specifically after doing some research. What I'm specifically interested in at this moment is the history of city expenditures on professional polling related to Measure y and its possible continuation, said polling conducted by the FM3 polling firm. According to the 7/16/13 council agenda packet, on that night the council approved expending up to $40,000 for another in a series of "scientific polls" tracking public reaction to Measure Y. According to that agenda report, there had been "previous" polls by FM3 in 2005, 2006, 2010, and 2011, and the city was interested in continuing to work with the firm because of that lengthy history. My interest is in tracking the COSTS of that sequential polling history. (And also, do you know if there's been any additional polling since 2013 ?) Is this sufficient information to locate council agenda dates authorizing these expenditure, and /or the specific financial cost information I'm seeking? Thank you again for your help. Richard Schmidt YI H o 0 0 0 0 0 o O O z o o v o o o w O O O M O O M O M M O O N O O N O N N lf) In In lf) d' O P: N N N N O In In N W H H H H V1 N r r H rn a W E C7 U pC o 0 0 0 0 0 o O o o o O o O o 0 0 0 wF 0 0 o a o 0 0 0 0 W U) I x I U U U I I W W I IQ � N H d ? M W O O I Pi Z Z N m w N E W O O F qz a a o a w w�Uw°uu oz w� UU fl, P, O 5+ wx cn O H E W ri) O H x V) H H P r a W r r r r r r N N N N N N N N N N N N U) a U r r I O O O o 0 0 �o o H -1 H O O O O ff ff H QQ >, H O O O O H H d' m\ M\ r x m N H 0 w 0 m N � H i U W In w H MNlfl Olfl MlllH OlO M (N m D (N mN H HN U Q N ONON HN NH N O N O N H N r i N H M O rnW (A -- zwzwz zP4zw z ow w rl M 0 O N W `A U O O T II H MOIn Or mN 1N O O I r H r H m -V Ln wLn " � m� Ln O M M M M M M M M b H w N N N M N M N O N N N N N O F a > i a a a a a ul �W�` I H H H H H H i-I a a a a a a z 14 H HH Q .Yi Pi .1C. .1Ci DG Cti EN � w W N H P: W Ix W w' Pi F, \•• w' H H H H H H P4 F z m N U 4 4 g < 4 /E O a W W W W aN \ z O w r M a W W .O H H w > W. H U M M M M M M �J W W W O O O O (D O z E a O o 0 0 O F 0 H F O O O o 00 O O O U] Q F co I N N N N N F N H E H z H E 0 O ElU V I z O H E z W P, C7 m N N N M W H E- -;r N O 0 W F Q R.' Mejia, Anthony From: Mejia, Anthony Sent: Monday, July 07, 2014 8:59 AM To: 'Richard Schmidt' Subject: RE: Ballot Arguments on "Y" I fixed the date in which arguments must be submitted based on Election Code 9286(a) which states "that the City Election Official shall fix a date 14 days from the calling of the election deadline, after which no arguments for or against any city measure may be submitted..." Although Election Code 9286 (b) states that EC 9286(a) is not applicable when consolidated with another election, this provision is typically used to provide a shorter noticing period due to the strict timelines established but the County. Either way, a 14 day noticing period is the standard established by the Election Code. In forming an association, I would direct you to pages 9 and 10 of the packet, this will help distinguish between a group of individual voters vs. an association. I am happy to communicate with anyone by person, phone (805 -781 -7102) or email ameiiaCa)_slocity.ora. If you like to schedule a meeting to either review the packet or proposed argument, please let me know. The ballot measure has been designated as "Measure G"— Essential Services Transaction (Sales) and Use Tax. Please let me know if you have any other questions. Anthony J. Mejia I City Clerk C.rty Of san lws OBISPO 990 Palm Street San Luis Obispo, CA 93401 tel 805.781.7102 From: Richard Schmidt (mailto:slobuild @yahoo.com] Sent: Sunday, July 06, 2014 6:15 PM To: Mejia, Anthony Subject: Ballot Arguments on "Y" Dear Mr. Mejia, Thank you for forwarding the ballot information packet. I am very surprised at the short amount of time being given for submittal of arguments. Why is it so rushed on the front end when the closing period is in August? This hardly seems fair to those not in the know before hand. I am working with an "association of residents" for the purpose of doing a con argument. Can you advise us whether there is anything at all other than what's in the packet that we need to know? How do we need to communicate with you during this process? Does the renewal of Y have a measure designation yet? Will it be Y again? Thanks for your help. Me ia, Anthon From: Richard Schmidt <slobuild @yahoo.com> Sent: Monday, July 07, 2014 5:56 PM To: Mejia, Anthony Subject: Re: Measure G Thank you very much -- you've gone far beyond what I'd expected by supplying actual documents. This is a great help. I'll look through them, and be in touch if there's more I'd like to know. From: "Mejia, Anthony" <ameHa(cD-slocity.org> To: 'Richard Schmidt' <slobuild(@Yahoo.com> Sent: Monday, July 7, 2014 5:42 PM Subject: RE: Measure G Mr. Schmidt, I have attached the Council Agenda Report and minutes (see pages C -19 and C -20) related to the contract for research services with FM3. As for other dates — Are there any specifics you are looking for? The description for "polling consultants" was helpful because it greatly narrowed down the search results. When I search for "Measure Y" I get over 230 separate documents and it is difficult to determine its relevancy without reading every document. That said, here are some recent reports and meeting dates that stand out to me. Please let me know if there is anything else you'd like. April 1, 2014 — LRMAC Report http:// www_. slocit► �or_ q/ cityclerk /agendas/2014/040114/04 -01- 14 ° / %20S ecial %20 + %20Re ular %20Meetin %20A endaweb.htm May 6, 2014 — Ballot Measure Check -in http:// www .slocity.o[g /cityclerk/agendas /2014/050614/05 -06- 2014% 20B4 %20Ballot %20Measure %20Check %201 n. pdf May 20, 2014 — Ballot Measure Check -In http://www.slocity.or.q/cityclerk/agendas/2014/052014/05-20- 2014%2OB4%2OBallot%2OMeasu re %20Check %201 n. pdf June 10, 2014 — Revenue Enhancement Oversight Commission http: / /www. slocity. prq /cityclerk/agendas /2014/061014/06 -10- 2014% 20B3% 200rdinance% 201ntro% 20Revenue% 20Enhancement% 200versight %20Commission %20 & %20 Bal lott %20Measure. pdf July 1, 2014 — Calling an Election for a ballot measure, REOC, Fiscal Responsibility Philosophy, and Tools for Transparency http:// www .slocity.org /cityclerklagendas /2014 /070114/07 -01- 2014% 20PH2% 20Ballot% 20Measure% 20to% 20Extend% 20the% 20essential %20services %20sales %20 & %20u se %20tax. %20a %20half- percent %201ocal%20sa les %20tax. pdf This page has the City Council minutes through May 20th. http://www.slocity.orci/cityclerk/minutes/list.as Anthony J. Mejia I City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 tel 1 805.781.7102 From: Richard Schmidt (mailto:slobuild @Yahoo.coml Sent: Monday, July 07, 2014 3:43 PM To: Mejia, Anthony Subject: Re: Measure G Dear Mr. Mejia, Are you able to direct me to the dates of the council meetings over the past several years when the council discussed Measure Y renewal, and in specific, the hiring and working with a polling consultant to test the waters for re- upping Y? I'm interested in reviewing the staff reports and votes for those discussions /actions. Thanks. Richard Schmidt Mejia, Anthony From: Lichtig, Katie Sent: Thursday, July 03, 2014 11:05 AM To: Carpenter, Dan Cc: Mejia, Anthony; Dietrick, Christine Subject: RE: City of San Luis Obispo - Ballot Measure Dan — Thanks for clarifying. The official ballot language is and will be presented precisely what the council adopted. Here is the specific language adopted by the Council: 1. The resolution title calling the election states "...submission to the voters a question whether to extend an existingi half cent local revenue measure for an additional eight years." This is a factual statement and it was approved by the majority of the council unmodified. 2. The Ordinance enacting the sales tax has multiple "Whereas" statements that make reference to Measure Y. a. In a separate "Whereas" it states "...at which time Chapter 3.15 will expire, unless extended by the voters of the City at an election called for that purpose;" and b. "Whereas, the City Council desires to place a measure before the voters in the November 2014 General Election to extend the City's existing one -half percent Transaction and Use Tax, Chapter 3.15, for another eight years, to March 31, 2023." While I understand your point of view, based on the Council approved documents it is impossible to present the measure as anything other than an "extension of an existing tax ". As it relates to material placed on the website or in response to inquiries there is reference to the uses of Measure Y resources and I would imagine in order to respond to inquiries there may be reference to Measure Y. Staff will stay true to the council's direction in the articulating the facts on the website. Thanks for sharing you concerns. Katie E. Lichtig City Manager City of San Luis Obispo, CA 990 Palm Street San Luis Obispo, CA 93401 -3249 805 - 781 -7114 www.slocity.org From: Carpenter, Dan Sent: Wednesday, July 02, 2014 8:52 PM To: Lichtig, Katie Cc: Mejia, Anthony; Dietrick, Christine Subject: RE: City of San Luis Obispo - Ballot Measure Dan Carpenter Council Member Office of the City Council City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 -3249 E dcarpenterkslocity.org T 805.781.7122 C 805.431.3174 slocity.org From: Lichtig, Katie Sent: Wednesday, July 02, 2014 6:07 PM To: Department Heads Subject: FW: City of San Luis Obispo - Ballot Measure IWAI - - - -- Original Message---- - From: Mejia, Anthony Sent: Wednesday, July 02, 2014 3:21 PM To: Lichtig, Katie; Dietrick, Christine; Codron, Michael Subject: FW: City of San Luis Obispo - Ballot Measure The Ballot Measure Resolutions have been transmitted to the County and we are assigned Ballot Measure G -14. Anthony J. Mejia I City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 tel 1 805.781.7102 - - - -- Original Message---- - From: tgonakco.slo.ca.us [mailto:tgongkco.slo.ca.us] Sent: Wednesday, July 02, 2014 2:54 PM To: Mejia, Anthony Subject: Re: City of San Luis Obispo - Ballot Measure Hi Anthony, Thanks for the docs. This measure will be Measure G -14. Thanks, Tommy Tommy Gong County of San Luis Obispo Assistant County Clerk- Recorder 805- 781 -5080 email: tRong@co.slo.ca.us Website: www.SLOvote.com Like Us: www .facebook.com/slocountyclerkree Follow Us: www.twitter.com/slocountyclerk From: "Mejia, Anthony" <amejiagslocity.org> To: "ttonggco.slo.ca.us" <tgonggco.slo.ca.us> City Administration 990 Palm Street, San Luis Obispo, CA 93401 -3249 805.781 7114 , ,kji, y�1;�i July 2, 2014 Julie Rodewald, County Clerk- Recorder County of San Luis Obispo 1055 Monterey Street, Room D120 San Luis Obispo, CA 93408 Dear Ms. Rodewald: Enclosed are certified copies of the following resolutions in preparation for the City's General Municipal Election to be held on November 4, 2014. • Resolution No. 10542 entitled "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 to be held Tuesday, November 4, 2014 for the submission to the voters a question whether to extend an existing half cent local revenue measure for an additional eight years." o Exhibit A — An Ordinance entitled "A Ordinance of the City Council and the People of the City of San Luis Obispo, California, amending Chamber 3.15 of the Municipal Code to extend the existing 'Essential Services Transactions (Sales) and Use Tax,' for an additional eight years (March 31, 2023), to be administered by the State Board of Equalization; update the purpose statement; and provide for additional citizen oversight and accounting transparency." Resolution No. 10545 entitled "A Resolution of the City Council of the City of San Luis Obispo, California, requesting the San Luis Obispo County Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be held on that date." Thank you for your assistance and if you have any questions, please contact my office at (805) 781 -7100. Sin ely, Anthon J. ejia City Clerk Enclosures MNia, Anthony From: tgong @co.slo.ca.us Sent. Wednesday, July 02, 2014 2:54 PM To: Mejia, Anthony Subject. Re: City of San Luis Obispo - Ballot Measure Hi Anthony, Thanks for the dots. This measure will be Measure G -14. Thanks, Tommy Tommy Gong County of San Luis Obispo Assistant County Clerk- Recorder 805 -781 -5080 email: tgone @co.slo.ca.us Website: www.SLOvote.com Like Us: www .facebook.com /slocountyclerkrec Follow Us: www.twitter.com /slocountyclerk From: " Mejia, Anthony" <amelia @slocity.org> To: "tgong @co.slo.ca.us" <tgong @co.slo.ca.us> Date: 07/02/2014 02:34 PM Subject:City of San Luis Obispo - Ballot Measure Tommy, Attached is a letter, certified resolutions calling an election for the submittal of a ballot measure and requesting consolidation with the County for November 4, 2014, and associated Word documents. A hard copy has been placed in the mail. Please let me know if you have any questions or concerns. Please assign a ballot measure letter and confirm receipt. Thank you. Anthony Mejia City Clerk City of San Luis Obispo City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401 -3249 E amelia @slocity.org T 805.781.7102 slocity.org [attachment "Transmittal Letter.pdf" deleted by Tommy Gong/ClerkRec /COSLO] [attachment "Resolution No. 10545 - Consolidation. pdf" deleted by Tommy Gong/ClerkRec /COSLO] [attachment "Resolution No. 10542 - Calling Election - Ballot Measure.pdf" deleted by Tommy Gong/ClerkRec /COSLO] [attachment "Reso 10542 Calling Election.docx" deleted by Tommy Gong/ClerkRec /COSLO] [attachment "Reso 10542 Exh A Ordinance.docx" deleted by Tommy Gong/ClerkRec /COSLO] [attachment "Reso 10545 Consolidating Election.docx" deleted by Tommy Gong /ClerkRec /COSLO] [Scanned @co.slo.ca.us] CERTIFICATION I, Anthony J. Mejia, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No, 10542 (2014 Series), adopted by the San Luis Obispo City Council on July 1, 2014. Witness my hand and the seal of the City of San Luis Obispo on this 2nd day of July, 2014. thong J. City Clerk RESOLUTION NO. 10542 (2014 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 TO BE HELD TUESDAY, NOVEMBER 4, 2014, FOR THE SUBMISSION TO THE VOTERS A QUESTION WHETHER TO EXTEND AN EXISTING HALF CENT LOCAL REVENUE MEASURE FOR AN ADDITIONAL EIGHT YEARS WHEREAS, a General Municipal Election on November 4, 2014, has been called for the purpose of the election of officers by Resolution No. 10518 (2014 Series), adopted on May 6, 2014; and WHEREAS, the Elections Code and applicable local law provide the Council with the authority to submit a ballot measure to the electorate. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that the City Council does declare, determine, and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submission to the voters at the General Municipal Election on Tuesday, November 4, 2014, the following question: To protect and maintain essential services and facilities — such as open space preservation; bike lanes and sidewalks; public safety; yes neighborhood street paving and code enforcement; flood protection; senior programs; and other vital services and capital improvement projects — shall the City's Municipal Code be amended to extend the current one -half percent local sales tax for eight years, with No independent annual audits, public goal- setting and budgeting, and a Citizens' Oversight Commission? SECTION 2. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A, and shall be published in frill as part of the ballot materials, and a complete copy shall be made available for public review in the office of the City Clerk. SECTION 3. In all particulars not recited in this resolution, the election shall be held and conducted as provided by state law, governing the conduct of municipal elections, unless provided otherwise by local Charter or ordinance. SECTION 4. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further notice or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law. R 10542 Resolution No. 10542 (2014 Series) Page 2 SECTION 6. 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 Section 14401 of the Elections Code of the State of California. SECTION 7. 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. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh and Smith, Vice Mayor Christianson and Mayor Marx NOES: Council Member Carpenter ABSENT: None The foregoing resolution was adopted this 1 st day of July 2014. NIa or Jan Marx ATTEST: APPROVED AS TO F -URNt: Dietrick City Attorney Exhibit A ORDINANCE NO. (2014 Series) AN ORDINANCE OF THE CITY COUNCIL AND THE PEOPLE OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 3.15 OF THE MUNICIPAL CODE TO EXTEND THE EXISTING "ESSENTIAL SERVICES TRANSACTIONS (SALES) AND USE TAX," FOR AN ADDITIONAL EIGHT YEARS (MARCH 31, 2023), TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION; UPDATE THE PURPOSE STATEMENT; AND PROVIDE FOR ADDITIONAL CITIZEN OVERSIGHT AND ACCOUNTING TRANSPARENCY. WHEREAS, in 2006, the voters of San Luis Obispo approved the San Luis Obispo Essential Services Measure (also commonly known as Measure Y, its 2006 ballot designation) with 64.77"/ of the vote, establishing a half -cent per dollar sales tax to address fiscal challenges including State takeaways totaling more than $22 million over the prior 15 years, and ongoing State funding reductions of $3 million annually; and WHEREAS, the purpose of Measure Y was to secure a local revenue source to protect and maintain 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, the voter's approval of Measure Y in 2006 allowed the City to: restore its neighborhood paving and flood protection programs; restore sworn police positions that had been cut, as well as restore the City's Fire Marshal to a full -time position: and restore its open space acquisition program, aiding in the purchase of.'port ons of the Irish Hills, Stenner Canyon, and Reservoir Canyon natural reserves; and also gave the City the ability to provide added services for residents, including hiring two neighborhood services specialists, hiring two downtown daytime police patrol officers, and hiring a ranger services maintenance worker; and WHEREAS, the City's financial challenges continued after the adoption of Measure Y due to the Great Recession — which impacted all of the City's major revenue sources including property tax, transient occupancy tax, and sales tax — but even during the Great Recession, the City was still able to maintain a high level of service for its residents; and, WHEREAS, clue to Measure Y revenue and the financial stability created by City actions — including (1) compensation reductions agreed to by employees saving the City over $3 million in ongoing, annual savings, and (2) pension reform efforts that require employees to pay their share of pension costs, and implementation of three tiers of retirement benefits so that, over time, the cost to the City for retirement benefits for new public employees will be significantly reduced — the City has invested in new Capital Improvement Projects, such as the Santa Rosa Skate Park, the Bob Jones Trail bridge at Los Osos Valley Road, and is in a position to make new open space acquisitions in the City's greenbelt; and Ordinance No. (2014 Series) Exhibit A Page 2 WHEREAS, the City Council appointed a 10- person citizen advisory committee to analyze the City's stewardship of Measure Y resources and report back to the City Council with its recommendations, and following several meetings, a public opinion survey; a public open house, and deliberations among the committee members, the committee recommended that the City Council place a measure before the voters to extend the Essential Services Sales and Use Tax for another eight years; and WHEREAS, the City's Essential Services Sales and Use Tax includes substantial accountability measures including: requirements for independent annual financial audits; integration of use of funds into the City's budget and goal- setting process; annual community reports; and annual citizen engagement meetings; and WHEREAS, the City Council desires to include additional accountability measures, including a Citizen's Revenue Enhancement Oversight Commission and a new Fiscal Responsibility Philosophy to increase transparency and accountability and to ensure the expenditure of revenue measure funds in alignment with evolving community priorities, as defined through citizen engagement and City Council direction; and WHEREAS, the City's Essential Services Transactions (Sales) and Use Tax Ordinance is found in Chapter 3.15 of the City's Municipal Code; and WHEREAS, Section 3.15.0 3 of this Chapter sets forth a expiration date of March 31, 2015, at which time Chapter 3.15 will expire, unless extended by the voters of the City at an election called for that purpose; and WHEREAS, the City Council desires to place a measure before the voters in the November 2014 General Election to extend the City's existing one -half percent Transactions and Use Tax, Chapter 3.15, for another eight years, to March 31, 2023. NOW, THEREFORE, BE IT ORDAINED by the Council and the People of the City of San Luis Obispo as follows: SECTION 1. Chapter 3.15 of the City's Municipal Code is hereby amended and re- enacted in full to read as follows: Chapter 3.15 ESSENTIAL SERVICES TRANSACTIONS (SALES) AND USE TAX 3.15.010 Title. This chapter 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 chapter shall be applicable in the incorporated territory of the city. I Ordinance No. (2014 Series) Page 3 3.1_5.020 Purpose. Exhibit A This chapter 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 and maintain essential services and facilities— such as open space preservation; bike lanes, sidewalks and other traffic congestion relief projects; public safety; neighborhood street paving and code enforcement; flood protection; senior citizen programs including services and facilities; and other vital general purpose services and capital improvement projects —by extending a general purpose retail transactions and use tax of one -half percent in accordance with the provisions of Part 1.6 (commencing with Section 725 1) 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 chapter, 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 extension of this general purpose revenue source at an election called for that purpose. B. To adopt a retail transactions and use tax chapter 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 chapter that imposes a tax and provides a measure therefor 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 chapter 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 recordkeeping upon persons subject to taxation under the provisions of this chapter. Ordinance No. (2014 Series) Exhibit A Page 4 3.15.030 Eight-year sunset. The authority to levy the tax imposed by this chapter shall expire in eight years, on March 31, 2023, unless extended by the voters. 3.15.040 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. Revenue Enhancement Oversight Commission. A citizen's commission will be established to provide transparency and maximize City accountability. The Commission will be responsible for reviewing and making budget recommendations directly to the City Council regarding expenditures from the essential services transactions (sales) and use tax, and reporting annually to the community on the City's use of these tax revenues. B. Accounting and Tracking Expenditures. The funds collected through the City of San Luis Obispo essential services transactions (sales) and use tax ordinance shall be accounted for and tracked by the City Treasurer separately to facilitate citizen oversight. C. Independent Annual Financial Audit. The amount generated by this 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. D. 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. E. Annual Community Report. A written report shall be reviewed at a public hearing by the Revenue Enhancement Oversight Commission, and a summary 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. F. 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 X Ordinance No. (2014 Series) Page 5 Exhibit A group that requests a specific briefing with their members to discuss and answer questions about the revenues generated by the measure and their uses. 3.15.050 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 one -half percent 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 chapter. 3.15.060 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this chapter for storage, use or other consumption in said territory at the rate of one -half percent 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. 3.15.070 Operative date. "Operative date" means the first day of the first calendar quarter commencing more than one hundred ten days after the adoption of the ordinance codified in this chapter. 3.15.080 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 chapter; 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. 3.15.090 Place of sale. For the purposes of this chapter, 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, C Ordinance No. (2014 Series) Page 6 Exhibit A 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. 3.1.5.100 Adoption of provisions of state law. Except as otherwise provided in this chapter 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 chapter as though fully set forth herein. 3.15.110 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 chapter. 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 U Ordinance No. (2014 Series) Exhibit A Page 7 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 "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 and in the definition of that phrase in Section 6203. (Ord. 1495 §11,2006) 3.15.120 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 chapter. 3..15 130 Exemptions and exclusions. The following transactions 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 -Burns 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 section, delivery to a point outside the city shall be satisfied: X Ordinance No. (2014 Series) Page 8 Exhibit A 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 furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. 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 chapter. 5. For the purposes of subsections (13)(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 chapter, 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 .X Ordinance No. (2014 Series) Exhibit A Page 9 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. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. 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 chapter. 5. For the purposes of subsections (C)(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 subsection (C)(7) of this section, 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 I Ordinance No. (2014 Series) Page 10 Exhibit A who registers or licenses the vehicle, vessel or aircraft at an address in the city. D. Any person subject to use tax under this chapter 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. 3.15.140 Amendments. All amendments subsequent to the effective date of this chapter 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 chapter; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter. 3.15 150 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 chapter, 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 2. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect upon adoption by the voters. 11 Ordinance No. (2014 Series) Page 11 Exhibit A INTRODUCED on July 1, 2014 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on July 15, 2006 on the following roll call vote: AYES: NOES: ABSENT: PASSED AND ADOPTED by the Voters of the City San Luis Obispo on November 4, 2014 by the following vote tally: AYES: NOES: ABSENT: Mayor Jan Marx ATTEST: Anthony J. Mejia, CMC City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney X CERTIFICATION I, Anthony J. Mejia, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 10545 (2014 Series), adopted by the San Luis Obispo City Council on July 1, 2014. Witness my hand and the seal of the City of San Luis Obispo on this 2"d day of July, 2014. thong J. y , City Clerk RESOLUTION NO. 10545 (2014 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4 , 2014, 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 General Municipal Election to be held on November 4, 2014, for the purpose of submitting to the voters a question relating to a local revenue measure; 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, BE IT RESOLVED that the Council of the City of San Luis Obispo does 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 consent and agree to order the consolidation of the General Municipal Election with the Statewide General Election to be held on Tuesday, November 4, 2014 for the purpose of submitting to the voters a question relating to a local revenue measure. SECTION 2. That a measure is to appear on the ballot as follows: To protect and maintain essential services and facilities — such as open space preservation; bike lanes and sidewalks; public safety; Yes neighborhood street paving and code enforcement; flood protection; senior programs; and other vital services and capital improvement projects — shall the City's Municipal Code be amended to extend the current one -half percent local sales tax for eight years, with No independent annual audits, public goal- setting and budgeting, and a Citizens' Oversight Commission? SECTION 3. 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. R 10545 Resolution No. 10545 (2014 Series) Page 2 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. That the City Clerk shall certify to the passage and adoption of this resolution. Upon motion of vice Mayor Christianson, seconded by Council Member Ashbaugh, and on the following roll call vote: AYES: Council Members Ashbaugh and Smith, Vice Mayor Christianson and Mayor Marx NOES: Council Member Carpenter ABSENT: None The foregoing resolution was adopted this 1 st day of July 2014. Ma ,o an Marx ATTEST: APPROVED AS T ORM: J. Christine Dietrick City Attorney