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HomeMy WebLinkAbout09/06/2011, C 9 - RESULTS OF THE AUGUST 30, 2011, SPECIAL MUNICIPAL ALL MAILED BALLOT ELECTION counci L Mafin¢Dae acjenba PEpmt 1w.N. /� C I T Y OF S AN L U IS O B I S P O FROM: Michael Codron, Assistant City Manager Prepared by: Elaina Cano, City Clerk ac vea' SUBJECT: RESULTS OF THE, AUGUST 30, 2011, SPECIAL MUNICIPAL ALL MAILED BALLOT ELECTION RECOMMENDATION Adopt a resolution declaring the results of the August 30, 2011, Special Municipal All Mailed Ballot Election. DISCUSSION The canvassing of the returns for the August 30, 2011, Special Municipal All Mailed Ballot Election is performed by the County Clerk-Recorder in accordance with Resolution No. 10263 (2011 Series). The County Clerk-Recorder has indicated that the canvass was completed on Wednesday, August 31, 2011. Results indicate that 1) Measure A-11, amending Charter Section 1105, received a majority of votes in support of the Measure; 2) Measure B-I1, Charter section 1107, received a majority of votes in.support of the Measure. In accordance with California Elections Code Section 10262, Council will be requested to adopt a resolution (Attachment) declaring the results of the Special Municipal All Mailed Ballot Election and the final Certificate of the Canvass, included as an exhibit to the resolution. Per Government Code Section 34459, certified copies of the complete text of the Charter amendment and repeal ratified by the voters, all publications and notices required by State law, arguments for and against the measures, and an abstract of the vote at which the Charter amendment and repeal was approved by the voters will be sent to the California Secretary of State, Elections Division, to be accepted and filed. FISCAL IMPACT There are no costs associated with the adoption of this resolution. An invoice describing the costs to conduct the election has not yet been received by the City Clerk; however, anticipated expenses in the amount of$110,000 are accounted for. ATTACHMENT Resolution with Exhibit (County Clerk-Recorder Certificate and Statement of Votes Cast — Candidates) G:\702-01 Elections\Election 201]\Election Staff Reports\09-20-11 Agenda Report Election Results.doc C9-1 ATTACHMENT RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION HELD TUESDAY,AUGUST 30,2011 WHEREAS,a Special All-Mailed Ballot Municipal Election was held in the City of San Luis Obispo on Tuesday,August 30,2011,as required by State Law and the Charter of the City of San Luis Obispo; and WHEREAS,two ballot measures, Measure A-11 and Measure B-11,were submitted to the voters on Tuesday,August 30, 2011; and WHEREAS,the County Clerk Recorder/Elections Official canvassed the returns of the Special All-Mailed Ballot Municipal Election held on August 30,2011,and has certified the results to this City Council,the results are received,attached and made a part hereof as"Exhibit A." NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo is reflected in the Canvass of All Votes Cast(Exhibit B). SECTION 2. That ballot Measure A-11 submitted to the voters was as follows: 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? C9-2 ATTACHMENT Resolution No. (2011 Series) Page 2 SECTION 4. That ballot Measure B-11 submitted to the voters was as follows: 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 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measures relating to Resolution 10264 (2011 Series), and Resolution 10265 (2011 Series) did vote in favor of them, and that the measures were carried,and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1)The whole number of ballots cast in the City; (2)The measures voted upon; (3)The total number of votes for and against each measure. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 6th day of September 2011. C9-3 J ATTACHMENT Resolution No. (2011 Series) Page 3 Mayor Jan Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: �ov J. Christine Dietrick City Attorney C9-4 ATTACPa'ENT EXHIBIT f� CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE A-11 SPECIAL ELECTION AUGUST 30, 2011 1, JULIE L. RODEWALD, County Clerk-Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE A-11: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be 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 PERS? WITNESS, my hand and Official Seal, this 31St day of August, 2011 - JUL L. ODEWALD, County Clerk-Recorder C9-5 J ATTACHF`NT EXHIBIT Ar CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE B-11 SPECIAL ELECTION AUGUST 30, 2011 I, JULIE L. RODEWALD, County Clerk-Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE B-11: Shall San Luis Obispo 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' be repealed in its 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? WITNESS, my hand and Official Seal, this 31st day of August, 2011 JU41ERODEWALD, County Clerk-Recorder C9-6 ATT ;JMENT EXHIBIT � Jew t 1 N — 00 7 V O — � 4 � F 0 0 o e o e o 0 0 0 o e o` e` e e e e e o` o o` o 6 e` 0 0• nr OHO O�DOmn�DNOP� O�$eROOw, N�1r O` m nvf O V N Nvi —v i m 10 _1- _V r v i O\N— V m .v. 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