HomeMy WebLinkAbout06/18/2002, C3 - GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2002 council wai`D�t- L
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C I TY OF SAN L U IS O B I S P O
FROM: Lee Price,City Clerk
SUBJECT: General Municipal Election for November 5,2002
CAO RECOMMENDATIONS:
1) Adopt a Resolution of the City Council of the City of San Luis Obispo Calling and
Giving Notice of the Holding of a General Municipal Election To Be Held Tuesday,
November 5, 2002 for the Election of Certain Officers as required by the provisions of
the Charter.
2) Adopt a Resolution of the Council of the City of San Luis Obispo Requesting the San
Luis Obispo County Board of Supervisors to Consolidate the General Municipal Election
on Tuesday, November 5, 2002, with the Statewide General Election to be held on that
Date.
3) Adopt a Resolution of the City Council of the City of San Luis Obispo, California,
Calling And Giving Notice of the Holding of a General Municipal Election on Tuesday,
November 5, 2002, for the Submission of a Proposed Charter Amendment (Council-
Initiated).
4) Adopt a Resolution of the City Council of the City of San Luis Obispo Setting Priorities
For Filing Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis.
DISCUSSION
Calling the Creneral Municipal Flection:
Section 302 of the City Charter establishes November of even-numbered years as our General
Municipal Election date for the election of Mayor and two Council Members. The ballot may also
include measures submitted by Council or citizens by initiative petition.
The resolution calling the election(Attachment 91) includes additional language as provided by the
State and City Campaign Election Regulations Candidate's Statements. In particular, Section 2 of
the resolution allows for the filing of a 400 word Statement of Education and Qualifications and
setting forth the candidate's stand on local issues (M.C. 2.40.080). In accordance with past City
practice, staff recommends including this statement with the sample ballot at no cost to the
candidate.
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General Municipal Election-November 5, 2002 2
The resolution requesting consolidation (Attachment #2) allows the City to combine its election
with the Statewide election and avoid duplication of printing and mailing of sample ballots,
computer tabulation, precinct workers and canvassing results. Other requirements including
additional City legal advertising as called for in the City's Election Campaign Regulations will be
performed by the City Clerk. All filings, including Candidate Statements of Qualifications,
Statements of Economic Interest, and Campaign Disclosure, will be handled through the Office of
the City Clerk.
SnhmitHng a Me s it .tn the.Voters:
Charter Section 901 provides that every public works project involving an expenditure of
more than the amount specified in Public Contract Code Section 20162 (currently$5,000.00)
shall be let by contract to the lowest responsible bidder. On May 7, 2002,the City Council
conducted a study session regarding alternative methods for public works contracting. Staff
recommended that the Council consider amending the Charter by allowing maintenance related
public works contracts to be awarded on a competitively bid unit price basis consistent with the
provisions for unit price contracts contained in Public Contract Code Section 20128.5, et seq.;
and other public works contracts to be awarded by informal bid consistent with the Uniform
Public Construction Cost Accounting Act(Public Contract Code Section 22032, et seq.).
The City Council conceptually approved the alternative methods and directed staff to
return with language for Council approval that would place a Charter amendment on the
November 2002 ballot. The ballot measure must pass by a majority of the voters before the
Charter can be amended. If it passes, the Secretary of State must ratify the Charter amendment, a
process which takes approximately four to six weeks after the election results are certified. Once
ratified, the Charter can be officially revised. To implement the alternative public works
contracting procedures, it will be necessary for staff to return with the necessary ordinance
amending the Municipal Code. The resolution submitting to the voters the Charter amendment
includes the ballot question and the full text of the Charter amendment (see Attachment#3).
Pursuant to Elections Code Section 9280, the City Council may direct the City Clerk to
provide a copy of the proposed charter amendment to the City Attorney for the purpose of
preparing an impartial analysis of the measure for publication in the voters' sample ballot. The
impartial analysis shall be submitted no later than the date set by the Clerk to receive primary
arguments. The Elections Code also establishes a 300-word limit for primary arguments and
establishes priorities for selecting arguments, which are as follows:
a. The City Council as a whole, or members thereof
b. The proponents of the measure
c. Bonafide associations of citizens
d. Individual voters
A resolution setting priorities for written arguments and directing the City Attorney to
prepare the Impartial Analysis for the sample ballot is included as Attachment#4.
General Municipal Election-November 5, 2002 3
Flection C.alendnr:
Key dates during the election period are summarized as follows:
July 15 —Aug 9 Filing period for nomination papers
July 30 Last day to file Primary Arguments for/against a measure
July 30—Aug 9 10-day public examination period for Primary Arguments
Aug 9 Last day to file Rebuttal Arguments
Aug 9—Aug 20 10-day public examination period for Rebuttal Arguments
Oct 7 First pre-election campaign statement due for period covering
July 1 —September 30
Oct 21 Last day to register or change registration to be eligible to vote
Oct 24 Second pre-election campaigns statement due for period covering
Oct 1 —Oct 19
Nov 2 Clerk to publish contributions
Nov 5 ELECTION DAY—Polls open from 7 a.m. to 8:00 p.m.
Dec 3 Canvass election results; Council to declare results
Jan 31, 2003 Post-election Campaign Statements due for period covering
Oct 20—Dec 31
FISCAL IMPACT
The cost of the election will be influenced by the number of candidates filing for elected office and
the printing expenses relating to Candidate Statements, the text of the Ballot Measure, the City
Attorney's Impartial Analysis, Primary Arguments and Rebuttal Arguments, if any. It is estimated
that the election will cost approximately $26,000. There is sufficient money set aside in the City
Clerk's Election budget to pay those costs.
Attachments:
1. Resolution Calling Election
2. Resolution Requesting Consolidation
3. Resolution Submitting Measure
4. Resolution Setting Priorities for Arguments and Impartial Analysis
5. City Council Meering Minutes Excerpt -May 7, 2002
G:\702-01 Elections\ELECTION 2002\ELECTION STAFF REPORTS\Call Election Staff C3-,3
Report 2002.doc
ATTACHMENT#1
RESOLUTION NO. (2002 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD TUESDAY,NOVEMBER 5,2002 FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE CHARTER
WHEREAS,under the provisions of the Charter, a Regular Municipal Election shall
be held on Tuesday,November 5,2002, for the election of Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal
Election shall be held Tuesday, November 5, 2002, for the purpose of electing a Mayor for
the full term of two (2) years and two Council Members for the full term of four (4) years
each.
SECTION 2. Pursuant to Election Code Section 13307 and Municipal Code Section
2.40.080(A)(7), each candidate may submit with the nomination papers a Statement of
Qualifications of the candidate of no more than 400 words, which statement will be printed
and mailed out with the sample ballot at no cost to the candidate.
SECTION 3. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 4. That the polls shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in§ 14401 of the Elections
Code of the State of California.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (2002 Series)
Page 2
The foregoing resolution was passed and adopted this 18th day of June,2002.
Allen K. Settle, Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
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ATTACHMENT #2
RESOLUTION NO. (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE
GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 5, 2002, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE
WHEREAS, the City Council of the City of San Luis Obispo has called a Regular
Municipal Election to be held on November 5, 2002, for the purpose of the election of certain
officers and for the submission of a proposed charter amendment; and
WHEREAS, Section 302 of the City Charter establishes November of even-numbered
years as date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code,
the Board of Supervisors of the County of San Luis Obispo is hereby requested to order the
consolidation of the General Municipal Election with the Statewide General Election to be held
on Tuesday, November 5, 2002.
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.
I
Resolution No. (2002 Series)
Page 2
SECTION 5. The City Clerk shall certify to the passage and adopt of this resolution.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 18th day of June, 2002.
Allen K. Settle, Mayor
ATTEST:
Lee Price, C.M.C..
City Clerk
APPROVED AS TO FORM:
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ATTACHMENT#3
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
59 2002,A PROPOSED CHARTER AMENDMENT WHICH WOULD
AMEND CHARTER SECTION 901 CONCERNING PUBLIC WORKS
TO BE DONE BY CONTRACT
WHEREAS, Charter Section 901 provides that every public works project involving an
expenditure of more than the amount specified in Public Contract Code Section 20162 (currently
$5,000.00) shall be let by contract to the lowest responsible bidder; and
WHEREAS,Job Order Contracts are competitively bid, fixed-unit-price, indefinite
quantity contracts for the accomplishment of repair, alteration, maintenance, modernization,
refurbishment, rehabilitation and repetitive construction work needed for City facilities and
infrastructure; and
WHEREAS, the Uniform Public Construction Cost Accounting Act provides for
construction projects valued less than $100,000 to be awarded by informal bids based on clearly
defined criteria in the Public Contract Code; and
WHEREAS, the adoption of both methods of awarding public works contracts provides
an enhancement to the City's ability to deliver Capital Improvement Plan projects and is
consistent with the City's Mission Statement that mandates services be delivered in the most
cost-effective manner possible;
NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be submitted to the voters at
the General-Municipal Election to be held on Tuesday,November 5, 2002, for the purpose of
voting upon a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Charter Section 901 concerning
Public Works to Be Done by Contract by allowing maintenance related public works contracts to
be awarded on a competitively bid unit price basis consistent with the provisions for unit price
contracts contained in Public Contract Code Section 20128.5, et seq.; and other public works
contracts to be awarded by informal bid consistent with the Uniform Public Construction Cost
Accounting Act (Public Contract Code Section 22032, et seq.).
3. Said proposed Charter amendment amends Charter Section 901 to read as
follows:
C3�'
Resolution No. (2002S e fi es)
Page 2
(The portions of the Charter to be added are underlined.)
"SECTION 901. PUBLIC WORKS TO BE DONE BY CONTRACT
"(A) except as provided in subsection (D) of this section, every project
involving an expenditure of City monies of more than the amount specified in
Section 20162 of the Public Contract Code of the State of California, as the same
now exists or may hereafter be amended for the construction or improvement of
public buildings,works, drains, sewers, utilities,parks, playgrounds, and streets
(exclusive of projects for resurfacing, maintenance, and repair of streets) shall be
let by contract to the lowest responsible bidder after notice by publication in the
official newspaper by one or more insertions the first of which shall be at least ten
(10) calendar days before the time for opening bids.
"(B) All bids shall be accompanied by either a certified or cashier's check,
or a bidder's bond executed by a corporate surety authorized to engage in such
business in California, made payable to the City. Such security shall be in an
amount not less than that specified in the notice inviting bids or in the
specifications referred to therein, or if no amount be so specified then in an amount
not less than ten percent(10%) of the aggregate amount of the bid. If the
successful bidder neglects or refuses to enter into the contract,within the time
specified in the notice inviting bids or specifications referred to therein, the amount
of the bidder's security shall be declared forfeited to the City and shall be collected
and paid into its general fund and all bonds so forfeited shall be prosecuted and the
amount thereof collected and paid into such fund. The Council may eject any and
all bids presented and may readvertise at its discretion.
"(C) The Council, after rejecting bids or if no bids are received,may
declare and determine that, in its opinion,based on estimates approved by the City
Administrative Officer,the work in question may be performed better or more
economically the City with its own employees and after the adoption of a
resolution to this effect by at least four(4) affirmative votes of the council and
containing a declaration of the facts constituting such urgency.
"(D) Nothing in this section shall be construed to apply to any project
involving the expenditure of City monies by the City for public works in
cooperation with a developer or subdivider for oversized facilities or such
cooperative extension or replacement of mains and appurtenances. For those
projects the City shall have the authority to make funds available to the cooperating
developer or subdivider on a fixed formula basis established at least annually by
Council resolution.
"(E) Notwithstanding any provisions of this Charter to the contrary, the
City mgy perform maintenance related projects using a unit price contract for all
necessary labor, materials and a ui ment provided such contracts are secured on a
competitive basis as otherwise required by Public Contract Code Section 20128.5.
The City Council shall establish by ordinance guidelines for the award and use of
such unit price contracts and may set an amount below which the City
Administrative Officer may award such contracts.
C�-�J
Resolution No. (2002 Series) "
Page 3
"(F) Notwithstanding any provision of this Charter to the contrary,public
projects as defined by the Uniform Public Construction Cost Accounting Act,
sections 22000 etseq of the Public Contract Code of one hundred thousand
dollars ($100 000) or less may be let to contract by informal procedures as set forth
in Sections 22032 et seq. of that code. The City Council shall establish by
ordinance guidelines for the use of such contracts.
4. The ballot format for the proposal to amend Section 901 shall be substantially as
follows:
CITY MEASURE
Shall City Charter Section 901 be amended to allow
maintenance related projects to be performed using a unit price YES
contract awarded on a competitive bid basis consistent
with the provisions for unit price contracts contained in Section
20128.5 of the Public Contract Code; and other public works NO
contracts to be awarded consistent with the Uniform Public
Construction Cost Accounting Act, Section 22000,
et seq of the Public Contract Code?
5. The proposed Charter amendment shall pass only if a majority of the votes cast
by voters for the Charter amendment are"Yes"votes.
6. The City Clerk shall certify to the passage and adoption of this resolution and
shall publish and circulate the Resolution in accordance with the requirements of the California
Elections Code.
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of , 2002.
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Resolution No. (2002 Series)
Page 4
Mayor Allen Settle
ATTEST:.
City Clerk
APPROVED AS TO FORM:
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ATTACHMENT#4
RESOLUTION NO. (2002 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
Whereas, a General Municipal Election is to be held in the City of San Luis Obispo,
California, on November 5,2002,at which there will be submitted to the voters the
following measure:
Shall City Charter Section 901 be amended to allow
maintenance related projects to be performed using a unit price YES
contract awarded on a competitive bid basis consistent
with the provisions for unit price contracts contained in Section
20128.5 of the Public Contract Code; and other public works NO
contracts to be awarded consistent with the Uniform Public
Construction Cost Accounting Act, Section 22000,
et seq of the Public Contract Code?
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes any and all members of the City
Council to file written arguments In Favor or Against the measure in accordance with
Article 4, Chapter 3,Division 9 of the Elections Code of the State of California and to
change the argument until and including the date fixed by the City Clerk after which no
arguments for or against the measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney who shall prepare an impartial analysis of the measure
showing the effect of the measure on the existing law and the operation of the measure. The
impartial analysis shall be filed by the date set by the City Clerk for the filing of primary
arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (2002 Series) J
Page 2
The foregoing resolution was passed and adopted this 18th day of June, 2002.
Allen K. Settle,Mayor
ATTEST:
Lee Price,C.M.C.
City Clerk
APPROVED AS TO FORM:
ty t om
- ATTACHMENT#5
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 7,2002-74:30 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Jan Howell Marx, Christine Mulholland, Ken
Schwartz,Vice Mayor John Ewan (arrived at 5:10 p.m.), and Mayor
Allen K.Settle
City Staff:
Present: Ken Hampian, City Administrative Officer, Jeff Jorgensen, City
Attorney; Lee Price,City Clerk;Wendy George,Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Ann Slate, Human Resources
Director;Jim Gardiner, Police Chief; Bob Neumann, Fire Chief;John
Moss, Utilities Director; Mike McCluskey, Public Works Director, Paul
LeSage, Parks and Recreation Director; Betsy DeJarnette,Assistant
to the City Administrative Officer, Neil Havlik, Natural Resources
Manager; Michael Clarke, City Biologist; Michael Draze, Deputy
Director of Community Development; Jay Walter, City Engineer
PUBLIC COMMENT
Natural Resources Manager Havlik reported that City Biologist Clarke recently received his
certification as a Certified Fisheries Professional.
STUDY SESSION
1. ALTERNATIVE METHODS FOR PUBLIC WORKS CONTRACTING.
Purpose: To receive a report from staff about the potential to increase Capital Improvement
Project(CIP) productivity by the use of Job Order Contracting (JOC)and the Uniform Public
Construction Cost Accounting Act(UPCCAA) methods; and to provide direction to staff, if
the concept is approved,to return with language for Council approval that would place a
Charter amendment on the November 2002 ballot.
Public Works Director McCluskey and City Engineer Walter presented the staff report. Brief
Council questions followed.
Public Comments:
Dave Romero,2057 Skylark Lane, supported the recommendations and urged Council to
adopt the proposal.
Rich Kopecky, County General Services Job Order Contracting Program Manager, and
Leslie Halls,San Luis Obispo Building Exchange, endorsed the program. Both Mr. Kopecky
and Ms. Halls had previous experience with these programs.
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ATTACHMENT#5
--end of public comments----
ACTION: Moved by Mulholland/Schwartz to: 1) Conceptually approved increasing
Capital Improvement Project(CIP) productivity by the use of Job Order Contracting
(JOC)and the Uniform Public Construction Cost Accounting Act(UPCCAA)
methods. 2) Staff directed to return with language for Council approval in June
2002 that would place a Charter amendment on the November 2002 ballot;motion
carried 5:0.
COUNCIL LIAISON REPORTS
Couna ook the Liaison Reports out of order.
Council Me er Schwartz presented an overview of the North County Resources Forum of
May 2,2002( o on file in the Office of the City Clerk).
Council Member E n reported on the April 12,2002 North County Water Purveyors Group
meeting.
Vice Mayor Marx gave an a unt of the April 24,2002 and March 27,2002 Economic Vitality
Corporation (EVC) meetings.
Vice Mayor Marx summarized the ril 10,2002 meeting of the Zone 9 Flood Control District.
Council Member Mulholland reviewed a April 102002 meeting of the Mass Transportation
Committee.
Council Member Mulholland recapped her Ap ' 11,2002 visit to Little Steps Family Child Care.
Council Member Mulholland presented the highlig of the April 18,2002 Student Community
Liaison Committee meeting.
Council Member Mulholland reported on the April 22,200 ultural Heritage Committee
meeting and April 22,2002 Tree Committee meeting.
Council Member Mulholland reviewed the May 1,2002 County Wa r Resources Advisory
Committee meeting.
Council Member Mulholland presented a review of the May 1,2002 Hum Relations
Commission meeting.
Council Member Mulholland noted that she and Vice Mayor Marx met with Mar 'Gras
organizers on May 6,2002. She offered to serve as an informal liaison to the gro By
consensus Council concurred.
Mayor Settle called a break at 5:42 p.m.
The meetring reconvened at 7:05 pm.
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