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HomeMy WebLinkAbout05/17/2011, B 2 - CHARTER AMENDMENT AND REPEAL MEASURES FOR AUGUST 30, 2011 ALL MAILED BALLOT SPECIAL MUNICIPAL ELECT council °�°•� „L11 ac,Enaa nEpont CITY O F SAN L U I S O B 1 S P 0 FROM: J. Christine Dietrick, City Attorney Elaina Cano, City Clerk SUBJECT: CHARTER AMENDMENT AND REPEAL MEASURES FOR AUGUST 30, 2011 ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION RECOMMENDATION 1. Adopt resolutions that will: a. Submit to the voters of the City of San Luis Obispo, at an All Mailed Ballot Special Municipal Election to be held on August 30, 2011, a proposed Charter amendment that would amend Charter Section 1105 ("Retirement") to provide that the City Council may terminate the City's contract with the California Public Employees' Retirement System (CalPERS), or amend or negotiate another contract, to provide improved or reduced employee retirement benefits, without voter approval, but only in accordance with state law and as permitted by the Board of Administration of the Public Employees Retirement System. b. Submit to the voters of the City of San Luis Obispo, at an All Mailed Ballot Special Municipal Election to be held on August 30, 2011, a proposed measure repealing in its entirety Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") of the Charter of the City of San Luis Obispo. c. Set priorities for filing written arguments regarding the City measures and direct the City Attorney to prepare an impartial analysis. 2. Appoint an ad hoc committee of the City Council to prepare and submit ballot arguments and rebuttal arguments, if warranted. DISCUSSION Background The City's Charter was ratified in 1910. Between then and 2008, the electorate has been presented with amendments to the Charter at 23 elections, most of which have been substantive in nature. The current Charter is largely based on the framework adopted by voters in 1955. The current language of Section 1105 was adopted by the voters as part of a comprehensive Charter amendment in the late 1970's. Current Section 1107 was a citizen initiative measure proposed B2-1 Proposed Charter Measures — Page 2 by the San Luis Obispo Police Officers' Association and the International Association of Firefighters, Local 3523 and adopted by the voters in 2000. On February 22, 2011, Council expressed a desire to authorize a special municipal election on August 30, 2011, which is an established date for mailed ballot elections under California Elections Code, Section 1500. On April 5, 2011, Council adopted Ordinance Number 1559 (2011 Series), which enables the Council, by resolution, to call a mailed ballot election for the purpose of considering Charter amendment or repeal measures on dates established under the Elections Code or any other date specified by Council resolution. At its February 22, 2011 meeting, Council directed staff to prepare language for its consideration, which would repeal Sections 1105 and 1107 of the City Charter. Council stated its desire to eliminate Section 1105 in order to eliminate a requirement for voter approval of certain modifications to the City's contract with CalPERS that could result in reduced employee retirement benefits or termination of the CalPERS contract. While Council stated that it had no intention of pursuing a termination of the CalPERS contract, there was concern that other options that could be negotiated with employee groups, such as a two tier retirement benefit, could be subject to voter approval.' With respect to Charter Section 1107, Council expressed a desire to vest final decision making authority over issues relating to employee wages and benefits for members of the San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523 with the City Council, rather than with an outside arbitration panel, as Section 1107 currently provides, in the event of impasse. Between February 22, 2011 and April 19, 2011, City staff sought informal employee input on the two proposals to be brought back for Council consideration. This was done in an effort to provide Council with greater information to inform its final decisions about whether and in what form to proceed with the proposed measures. That input was presented to Council at its April 19, 2011 Council meeting. In response to employee input and other staff analysis, Council directed staff to prepare language for its consideration that would modify, rather than completely repeal, Section 1105. The revised language preserves the statement of existing authority under which Council entered into its current contract with PERS and,the statement of the extent of the employee coverage under that existing contract, which is all employees, as defined by the Public Employees Retirement Law. It also clarifies that Council has the authority to terminate or amend the contract or negotiate a new contract to provide increased or reduced employee benefits in compliance with the requirements of existing law, but without the need for voter approval, when not required by state law. The Resolution (Attachment 1) submitting that measure to the voters reflects amended language consistent with Council's direction on April 19, 2011. Council also heard input on the proposed repeal of Charter Section 1107, which was provided by both the San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523. After considering that input, Council did not determine that there 1 It should be noted there are provisions of state law that may require voter approval prior to termination of an agency's PERS contract, irrespective of the City Charter requirements. Thus, the primary effect of the language currently proposed would be to eliminate a voter approval requirement for other types of contract amendments or newly negotiated contracts with PERS that could be characterized as a reduction in employee benefits, e.g.a two tier system. B2-2 Proposed Charter Measures' — Page 3 were acceptable alternatives to repeal of that provision that would accomplish its goal of vesting final decision making authority in the City Council. Accordingly, Council directed staff to proceed with the preparation of language for its consideration to submit the repeal of Section 1107 to the voters (Attachment 2). During discussion with employee groups, representatives were advised that Council would not take final action to call any election or place either proposed measure before the voters until May 17, 2011 at the earliest and employees were encouraged to provide any further input they felt important, either to staff or directly to Council, at any time prior to May 17, 2011 and in whatever form they preferred. The only subsequent input staff has received is the current lawsuit against the City by the San Luis Obispo Police Officers Association alleging the City's failure to adhere to certain provisions of labor negotiations law and seeking to prohibit Council from taking action to place the proposed measures before the voters. Staff will issue a supplemental report prior to the May 17, 2011 meeting if there are any developments of note in that regard. Submitting a Charter Amendment to the Voters Because the State Constitution and California Law require that Charter amendments be ratified by the electorate, Charter amendments and repeal measures must be proposed to the City voters. In accordance with Article 11 of the California Constitution and Section 34,458 of the California Government Code, the Council may propose a Charter amendment or repeal measure in the form of a ballot measure and submit that measure to the registered voters within the City of San Luis Obispo. A ballot measure must pass by a majority of the electors voting on the measure. If the voters vote in favor of the measure, the Charter measures will be ratified. Pursuant to Government Code Section 34460, the Charter measures will not take effect until accepted and filed by the Secretary of State. The resolutions submitting the proposed Charter measures to the voters include the ballot questions and the full text of the Charter measures (Attachments #1 and #2). By adopting the attached resolutions, the Council may place the two proposed measures before the voters for consideration at a mailed ballot Special Election called for August 30, 2011. Impartial Analysis, Primary Ballot Arguments and Rebuttals Elections Code Section 9280 authorizes the Council to 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 to the City Clerk no later than May 31, 2011. The attached resolutions direct the City Attorney to prepare an impartial analysis.. Elections Code Section 9282 establishes a 300-word limit for primary ballot arguments and priorities for selecting those arguments. Based on dates established by State law, primary ballot arguments would have to be submitted to the City Clerk no later than Tuesday, May 31, 2011. The public examination period for these arguments would be from June 1 through June 10, 2011. On July 20, 2010, the Council adopted Resolution No. 10203 (2010 Series) (Attachment #3) adopting provisions for rebuttal arguments. Pursuant to Section 9285(b) of the Elections Code, no further action is required to enable the submittal of rebuttal arguments. It is recommended that the Council appoint an ad hoc subcommittee consisting of two of its members to prepare and B2-3 Proposed Charter Measures - Page 4 submit ballot and rebuttal arguments, if warranted. (Note: public funds may not be used for these purposes. These committee members will meet on their own time and not utilize City resources.) Alternatively, the Council could direct staff to schedule a special meeting of the Council during, which the entire Council could review and sign the argument. The deadline for submitting rebuttal arguments is also dictated by State law and would be June 10, 2011. The public examination period for rebuttal arguments would be from June 11 through June 21, 2011. FISCAL IMPACT Funding for a special election is not available within existing resources. Therefore, Council will need to appropriate funds from the unreserved General Fund Balance up to $110,000, depending on the election consultant selected and the additional election related resources needed in the City Clerk's office. ALTERNATIVES 1. The Council could direct staff to modify the language of one or both measures and/or the associated ballot questions presented for consideration. 2. The Council could choose to not place one or both of the proposed Charter measures on the ballot as this time. 3. The Council could decide to place these matters on the ballot at some future time. ATTACHMENTS . 1. Resolution Ordering Submission of Amendment of Charter Section 1105 to Voters 2. Resolution Ordering Submission of Repeal of Charter Section 1107 to Voters 3. Resolution No. 10203 TACity Clerk\Elections 2011\May 17 Meeting Docs\CAR.Adding Measures to Ballot.201 1.5.17.doc B2-4 ATTACHMENT RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30,2011 AS CALLED BY RESOLUTION NO. (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday, August 30, 2011 by Resolution No. (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter amendment to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over management of the City's contracts with the Board of Administration of the California Public Employees Retirement System; and WHEREAS, Charter Section 1105 (Retirement) currently provides as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed amendment of Section 1105 to eliminate the Charter requirement for voter approval to terminate the City's contract with the California Public Employees' Retirement System or to negotiate another contract to provide reduced employee retirement benefits, but _expressly to state that the City Council retains the authority to enter into contracts with Ca1PERS and remains subject to other applicable state laws and Ca1PERS rules with regard to any actions to amend, terminate or negotiate other contracts. R B2-5 1TTACHMENT 1 Resolution No. (2011 Series) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that an amendment of the Charter of the City of San Luis Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election on August 30, 2011 to read as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. The City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of the Public Employees' Retirement System. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, the following question: Shall existing Section 1105 (Retirement) of the Charter of the City of San Luis Obispo, which Yes authorizes the City Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System, be No amended to provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of the Public Employees' Retirement System? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution or Ordinance Number B2-6 ATTACHMENT 1 Resolution No. (2011 Series) Page 3 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Christine Dietric City Attorney B2-7 ATTACHMENT c- RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER REPEAL MEASURE AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30,2011 AS CALLED BY RESOLUTION NO. (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election for the purpose of placing two City measures before the voters has been called on Tuesday, August 30, 2011 by Resolution No. (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter repeal measure to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's employee agreements governing wages, hours or terms and conditions of City employment; and WHEREAS, City Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") currently mandates an impasse resolution procedure for disputes between the City and its public safety employees over wages, hours or terms and conditions of City employment, which differs from the usual dispute resolution process established by state law for public employees, and which removes final decision making authority over such disputes from the City Council, as set forth in relevant part below: (D) Impasse Resolution Procedures. (1) All disputes, controversies and grievances pertaining to wages, hours or terms and conditions of City employment which remain unresolved after good faith negotiations between the City and said employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by said employee organization. Upon declaration of impasse by either party, the City and employee organization shall each exchange a written last offer of settlement on each of the issues remaining in dispute. Written last offer of settlement shall be exchanged between parties within two days of the declaration of impasse. (2) Representatives designated by the City and representatives of the employee organization shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days after either party has notified the other, in writing, of the declaration of impasse and the desire to proceed to arbitration. The third member of the Board of R B2-8 ATTACHMENT 2 Resolution No. (2011 Series) Page 2 Arbitrators shall be selected by agreement between the City's and the employee's organization representative within ten (10) business days of the declaration of impasse. This third member shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the employee organization cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall have five (5) business days to alternately strike names, with the City's arbitrator striking first, from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Board of Arbitrators. (3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Board of Arbitrators shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Board of Arbitrators may adopt by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. (4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Board of Arbitrators shall direct each of the parties to submit, within such time limit as the Board of Arbitrators may establish, but not to exceed thirty (30) business days, a last offer of settlement on each of the remaining issues in dispute. The Board of Arbitrators shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services using the San Francisco-Oakland-San Jose index, as reported at the time impasse is declared for the preceding twelve (12) months, the wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities; and the financial condition of the City of San Luis Obispo and its ability to meet the costs of the decision of the Board of Arbitrators. (5) After reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of Board of Arbitrators, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award. No other actions by the City Council or by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required. B2-9 ATTACHMENT 2 Resolution No. (2011 Series) Page 3 (6) The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Board of Arbitrators and the costs of preparation of the transcript of the proceedings shall be borne equally by the parties. The expenses of the arbitration, which the parties may incur individually, are to be borne by the party incurring such expenses. Such expenses include, but are not limited to, the expense of calling a party's witnesses, the costs incurred in gathering data and compiling reports, and any - expenses incurred by the party's arbitrator. The parties may mutually agree to divide the costs in another manner. (7) The proceedings described herein shall supersede the dispute resolution process for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Association which is set forth in Sections 13.2 and 14.1 of City of San Luis Obispo Resolution No. 6620, to the extent that such language is in conflict with this amendment. Furthermore, the proceedings described herein shall supersede any language within the Employer-Employee Resolution, the Personnel Rules and Regulations, any Memorandum of Agreement with the employee associations or any written policy or procedure relating to wages, hours or other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However, nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating, and submitting to the arbitration process set forth herein, a grievance process, which includes a form of binding arbitration that differs from the one, set forth herein. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a measure to repeal Section 1107 in its entirety, the approval of which would result in the City's public safety employees being governed by the same State law dispute resolution procedures applicable to other represented public employee groups. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that a measure repealing in its entirety Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") of the Charter of the City of San Luis Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, the following question: B2-10 ATTACHMENT 2 Resolution No. (2011 Series) Page 4 Shall existing City of San Luis Obispo Charter Section 1107 ("Impartial and Binding Yes Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee No Disputes") be repealed in its entirety, leaving resolution of disputes over wages, hours or terms and conditions of City employment that remain unresolved after good faith negotiations between the City and the two covered organizations subject to the same State law procedures for impasse resolution that govern unresolved disputes with other public employee organizations? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution or Ordinance Number 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder. B2-11 ATTACHMENT 2 Resolution No. (2011 Series) Page 5 Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FO me Dietrick CityAttorney B2-12 ATTACHMENT 3 RESOLUTION NO. 10203(2010 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. WHEREAS,Section 9285 of the Elections Code of the State of California authorizes the City Council,by majority vote,to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections. NOW,THEREFORE,The City Council of the City of San Luis Obispo,California, does resolve,declare,determine and order as follows:. SECTION 1. That pursuant.to Sections 9285 of the Elections Code of the State of California,when the Elections Official has selected the arguments for and against the measure F which will be printed and distributed to the voters,the Elections Official shall send copies of the argument in favor of the measure to the authors of the argument against,and copies of the argument against to the authors of the argument in favor. The author or a majority of the authors of an argument related to a City measure may prepare and submit a rebuttal argument not exceeding 250 words. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which is seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of.rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. a On motion of Council Member Ashbaugh seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Ashbaugh, Manx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 20th day of July 2010. R 10203 B2-13 ATTACHMENT 3 Resolution No. 10203 (20 10 Series) Page 2 David F.Romero,Mayor ATTEST: Elaina Caro City Clerk APPROVED AS TO FORM: J1C&YstiCc Dietrick i Attomey B2-14 i RED FILE IIIIIIIII������II �IIII�III� II MEETING AGENDA DAT L7& ITEM # �� MEMORANDUM From the Office of the City Attorney May 17, 2011 TO: Mayor and Council FROM: J. Christine Dietrick, City Attorney s VIA: Katie Lichtig, City Manager fS �.. SUBJECT: Red File, Business Item B2: CHARTER AMENDMENT AND REPEAL MEASURES FOR AUGUST 30,2011 ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION In reviewing the resolutions placing measures before the voters for agenda item B2, staff discovered that the proposed ballot questions exceeded the 75 word limit established by Elections Code Sections 13247 and 9051 (b). The attached resolutions have been revised so that the proposed ballot questions comply with the Elections Code word limits. Please replace the resolutions included with your agenda packets with the resolutions attached to this memo. herd cour. man c COUNCD. o CDDDIR a CrNMGR o FrrDIR o ASSrCM o FIRE CHIEF o ATTORNEY 0PWDIR o CLERWORIG o POLICECHIEF o P® o PARIES k REC DIR 0 TRIBUNE o UnLDIR o NEWTTMES aHRDIR n SLOCITYNEWS o COUNCIL o Crit MGR o CLERK: RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,AUGUST 30, 2011 AS CALLED BY RESOLUTION NO. (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday, August 30, 2011 by Resolution No. (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter amendment to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over management of the City's contracts with the Board of Administration of the California Public Employees Retirement System; and WHEREAS, Charter Section 1105 (Retirement) currently provides as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed amendment of Section 1105 to eliminate the Charter requirement for voter approval to terminate the City's contract with the California Public Employees' Retirement System or to negotiate another contract to provide reduced employee retirement benefits, but expressly to state that the City Council retains the authority to enter into contracts with Ca1PERS and remains subject to other applicable state laws and CalPERS rules with regard to any actions to amend, terminate or negotiate other contracts. R Resolution No. (2011 Series) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that an amendment of Section 1105 of the Charter of the City of San Luis Obispo be submitted to the voters at the All Mailed Ballot Special Municipal Election on August 30, 2011, to read as follows: The City Council shall be authorized to .enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. The City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of the Public Employees' Retirement System. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the All Mailed Ballot Special Municipal Election to be held on Tuesday, August 30, 2011, the following question: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Yes Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to No provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? SECTION 3: That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this Resolution or Ordinance Number 1559 (2011 Series), the election shall be held and conducted as provided by law for holding j Resolution No. (2011 Series) Page 3 municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder. Upon motion of , seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER REPEAL MEASURE AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30,2011 AS CALLED BY RESOLUTION NO. (2011 SERIES) WHEREAS, a.All Mailed Ballot Special Municipal Election for the purpose of placing two City measures before the voters has been called on Tuesday, August 30, 2011 by Resolution No. (2011 series), adopted on May 17, 2011;and WHEREAS, the City Council has the authority to submit a Charter repeal measure to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (20 11 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's employee agreements governing wages, hours or terms and conditions of City employment; and WHEREAS, City Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") currently mandates an impasse resolution procedure for disputes between the City and its public safety employees over wages, hours or terms and conditions of City employment, which differs from the usual dispute resolution process established by state law for public employees, and which removes final decision making authority over such disputes from the City Council, as set forth in relevant part below: (D) Impasse Resolution Procedures. (1) All disputes, controversies and grievances pertaining to wages, hours or terms and conditions of City employment which remain unresolved after good faith negotiations between the City and said employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by said employee organization. Upon declaration of impasse by either party, the City and employee organization shall each exchange a written last offer of settlement on each of the issues remaining in dispute. Written last offer of settlement shall be exchanged between parties within two days of the declaration of impasse. (2) Representatives designated by the City and representatives of the employee organization shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days after either party has notified the other, in writing, of the declaration of impasse and the desire to proceed to arbitration. The third member of the Board of R C Resolution No. (2011 Series) Page 2 Arbitrators shall be selected by agreement between the City's and the employee's organization representative within ten (10) business days of the declaration of impasse. This third member shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the employee organization cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall have five (5) business days to alternately strike names, with the City's arbitrator striking first, from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Board of Arbitrators. (3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Board of Arbitrators shall hold public hearings, receive evidence from the parties and cause a transcript of theproceedings to be prepared. The Board of Arbitrators may adopt by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. (4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Board of Arbitrators shall direct each of the parties to submit, within such time limit as the Board of Arbitrators may establish, but not to exceed thirty (30) business days, a last offer of settlement on each of the remaining issues in dispute. The Board of Arbitrators shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terns and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services using the San Francisco-Oakland-San Jose index, as reported at the time impasse is declared for the preceding twelve (12) months, the wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities; and the financial condition of the City of San Luis Obispo and its ability to meet the costs of the decision of the Board of Arbitrators. (5) After reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of Board of Arbitrators, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award. No other actions by the City Council or by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required. Resolution No. (2011 Series) Page 3 (6) The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Board of Arbitrators and the costs of preparation of the transcript of the proceedings shall be borne equally by the parties. The expenses of the arbitration, which the parties may incur individually, are to be borne by the party incurring such expenses. Such expenses include, but are not limited to, the expense of calling a party's witnesses, the costs incurred in gathering data and compiling reports, and any expenses incurred by the party's arbitrator. The parties may mutually agree to divide the costs in another manner. (7) The proceedings described herein shall supersede the dispute resolution process for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Association which is set forth in Sections 13.2 and 14.1 of City of San Luis Obispo Resolution No. 6620, to the extent that such language is in conflict with this amendment. Furthermore, the proceedings described herein shall supersede any language within the Employer-Employee Resolution, the Personnel Rules and Regulations, any Memorandum of Agreement with the employee associations or any written policy or procedure relating to wages, hours or other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However, nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating; and submitting to the arbitration process set forth herein, a grievance process, which includes a form of binding arbitration that differs from the one, set forth herein. WHEREAS, the .City Council of the City of San Luis Obispo desires to submit to the voters a measure to repeal Section 1107 of the Charter of the City of San Luis Obispo in its entirety, the approval of which would result in the City's public safety employees being governed by the same State law dispute resolution procedures applicable to other represented public employee groups. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that a measure repealing in its entirety Section 1107 ("Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") of the Charter of the City of San Luis Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, the following question: i Resolution No. (2011 Series) Page 4 Shall San Luis Obispo Charter Section 1107 ("Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes") be repealed in its No entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare.an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution or Ordinance Number 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder. Resolution No. (2011 Series) Page 5 Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney