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San Luis Obispo County, CA November 4, 2014 Election
Measure C-14
Adopt City Charter
City of Arroyo Grande

City Charter Amendments - Majority Approval Required

Fail: 1738 / 36.18% Yes votes ...... 3066 / 63.82% No votes

See Also: Index of all Measures

Results as of Nov 4 11:17pm, 100.0% of Precincts Reporting (12/12)
46.1% Voter Turnout (5041/10945)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

PREAMBLE

WE THE PEOPLE of the City of Arroyo Grande declare our intent to restore our community to the historic principles of self-governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City and better preserve its small town character and agricultural heritage, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Arroyo Grande.

Meaning of Voting Yes/No
A YES vote on this measure means:
Voting "yes" supports adoption of the charter.

A NO vote on this measure means:
Voting "no" opposes its adoption.

Impartial Analysis from Attorney, City of Arroyo Grande
Measure C-14, which was placed on the ballot by the City Council, asks whether voters wish to adopt a charter. California has two kinds of cities + general law and charter. 121 of California's 482 cities have charters. Charters are a city's Constitution which allows cities to control municipal affairs without interference from the State Legislature.

The California Constitution allows charter cities to control municipal affairs according to local charters and ordinances and exempts them from contrary State laws. All cities must comply with State and Federal constitutional requirements, and State laws on matters of statewide concern. Municipal affairs include election procedures, public bidding and contracting, and rules for use of city property. Matters of statewide concern include open meetings and public records, environmental protection, and bargaining with employee associations.

Key provisions in the charter include:

- Gives the City power and authority over all municipal affairs.

- Continues the Council-Manager form of government, with elective offices of Mayor (two year term) and four Council Members (four year term), whose salaries continue to be governed by State laws that apply to general law cities.

- No power to increase or create new taxes beyond the power granted to general law cities and must follow procedures applicable to general law cities for any new tax or increase.

- Encourages economic and community development and preserving and enhancing Arroyo Grande's small-town and historic character.

- Preserves the rule that zoning remain consistent with the City's General Plan.

- The City Council, by ordinance, can permit use of mail-in ballots for special elections, except, the charter can only be amended by a vote of the people at a Statewide General election.

- The City Council, by ordinance, can create criteria and guidelines for when prevailing wages apply to a contract, unless they are required by law, required by Federal or State grants, or the project is not a municipal affair. This provision will not be operative unless a court enjoins the operation of Labor Code Section 1782 (SB7), or that law has been determined to be invalid and unenforceable.

- Follows the California Public Contracts Code, but the City Council, by ordinance can establish criteria for awarding public works contracts to lowest responsible and reliable bidders, and other bidding, award and performance matters deemed in the City's best interests.

- Gives the City the right to accept donations on public works projects, perform work by its own forces, or contract with other agencies to construct public works.

- Supports using volunteers in community projects.

- Gives authority relating to purchasing rules, public financing, and utility franchises.

- Limits reductions in revenues and unfunded mandates by other levels of government.

- Any amendment of the charter requires a majority vote of the People.

Voting "yes" supports adoption of the charter. Voting "no" opposes its adoption.

s/ Timothy J. Carmel, City Attorney, City of Arroyo Grande

 
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Arguments For Measure C-14 Arguments Against Measure C-14
ARGUMENT IN FAVOR OF MEASURE C-14

We, not the State, should decide what is in the best interest of our community. Your YES vote on Measure C-14 to approve a city charter will help increase local control and the principles of home rule and self governance. It will enable the City Council, not the State Legislature, to make decisions on issues that have been determined by the State Constitution and courts to be "municipal affairs".

Each year, the State takes over $800,000 from our City to balance their budget and fund their own programs. They impose unfunded programs, infringe upon municipal affairs, and restrict contracting procedures that reduce the City's ability to utilize your tax dollars in the most cost efficient manner. It's imperative that we gain more control over our municipal affairs + and a Charter is the way Arroyo Grande can do that.

Do not be misled. Voting YES on Measure C-14 will not change any other laws or ordinances and can only be modified by a public vote. Voting YES on Measure C-14 will not increase taxes or provide any additional authority to do so. Voting YES on Measure C-14 will not increase compensation for Council Members or provide any additional authority to do so.

The proposed Charter was developed through an extensive public process to ensure it reflects the interests of the community. A Citizens' Advisory Committee of appointed representatives from the community at large developed recommendations after holding seven public meetings. The City Council then approved placing the proposed City Charter on the ballot following a process that involved five public hearings.

Please join us in taking charge of our destiny by restoring local control over municipal affairs and enabling the City to operate as efficiently as possible. Join us in voting YES on Measure C-14.

s/ Tony Ferrara, Mayor
s/ Jim Guthrie, Mayor Pro Tem
s/ Joe Costello, Council Member
s/ Tim Brown, Council Member
s/ Kristen Barneich, Council Member

No arguments against Measure C-14 were submitted.

Full Text of Measure C-14
ARTICLE I. MUNICIPAL AFFAIRS

Section 100. Municipal Affairs. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions relating to municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or enforced under the Constitution of the State of California. Without limiting in any manner the foregoing power and authority, each of the powers, rights, and responsibilities described in this Charter is hereby declared to be a municipal affair, the performance of which is unique to the benefit and welfare of the citizens of the City of Arroyo Grande.

Section 101. Incorporation and Succession. The City of Arroyo Grande, in the County of San Luis Obispo, State of California, shall continue to be a municipal corporation under its present name City of Arroyo Grande. The boundaries of the City of Arroyo Grande shall continue as now established until changed in the manner authorized by law. The City of Arroyo Grande shall remain vested with and shall continue to own, have, possess, control and enjoy all property, rights of property and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the municipality at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority.

Section 102. No Increased Power to Tax. This Charter shall not be interpreted as giving the City greater authority to raise the level of taxes or to create new taxes beyond the powers granted to general law cities nor to exempt the City from any procedures for raising the level of taxes or for creating new taxes required by the law applicable to general law cities.

Section 103. Zoning and General Plan Consistency. Zoning shall continue to be consistent with the City's General Plan, pursuant to requirements of the State law applicable to general law cities.

ARTICLE II. FORM OF GOVERNMENT

Section 200. Form of Government. The City shall continue to be governed under this Charter by a "Council-Manager" form of government. The City Council will establish the policy of the City and the City Manager will carry out that policy.

Section 201. Elected Officials. The elective officers of the City of Arroyo Grande shall be a Mayor and four Council members each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. The minimum qualifications for these offices shall be as provided by law for general law cities and any vacancy in office shall be filled in the manner provided by that law. The Mayor shall be elected at the general municipal election from the City at large. The Council members shall be elected at the general municipal election from the City at large, two being selected biennially. The term of the Mayor shall be two years and the terms of the Council members shall be four years.

Section 203. Mayor. Powers and Duties. The Mayor shall preside at all meetings of the City Council. As presiding officer of the Council the Mayor will faithfully communicate the will of the Council majority to the administrative officers in matters of policy. The Mayor shall be recognized as the official head of the City for all ceremonial purposes.

Section 204. Council Member Compensation. The salary of the Mayor and Council Members shall continue to be set pursuant to the State law applicable to general law cities.

Section 205. Elections. The City Council may approve by ordinance use of a mail-in ballot or other electronic voting systems for special elections, except that this Charter shall only be amended by a vote of the people at a Statewide General Election. All elections shall be held in accordance with all other provisions of the law applicable to general law cities.

ARTICLE III. CONTRACTS, PUBLIC FINANCING AND FRANCHISES

Section 300. Economic and Community Development. The City shall encourage, support, and promote economic and community development and preserve and enhance the small-town and historic character of Arroyo Grande.

Section 301. Public Works Contracts. The City shall follow the provisions of the California Public Contract Code and its standards, procedures, rules or regulations relating to the bidding, award and performance of any public works contract, except that the City shall have the power to establish by ordinance alternative standards, procedures, rules or regulations for public projects in the following areas:

(i) The City Council may, by ordinance, establish criteria for determining the award of public works contracts to the lowest responsible and most reliable bidder on any project, as well as other aspects of bidding, award and performance of any public works contract that it deems to be in the best interests of the City.

(ii) The City shall have the power to accept gifts and donations, including donations of material and labor, in the construction of any public works project.

(iii) The City shall have the power to perform any work of improvement by use of its own forces and is not required to contract for the construction of works of public improvement.

(iv) The City may also contract with other public agencies for the construction of works of public improvement

Section 302. Prevailing Wage. The City Council shall establish by Ordinance criteria and guidelines for determining when payment of prevailing wages will apply to any contract. Prevailing wages shall also apply if:

(i)the prevailing wage is legally required, and constitutionally permitted, to be imposed;

(ii) required by Federal or State grants pursuant to Federal or State law;

(iii) the City Council does not consider the project to be a municipal affair.

Section 303. Purchasing. The City shall have the power to establish standards, procedures, rules or regulations related to the purchasing of goods, property, or services, including, but not limited to, the establishment of local preferences.

Section 304. Public Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing.

Section 305. Utility Franchises. The City shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the City of any utility, or to adopt any ordinance providing for the granting of a franchise to any utility not owned by the City which proposes to use or is using City streets, highways or other rights-of-way.

Section 306. Supporting Volunteers in Arroyo Grande The City seeks to support volunteers in creating a higher quality of life for Arroyo Grande citizens and declares itself exempt from any State laws or regulations that would make it more difficult or expensive for volunteers in any community project, whether funded with City revenues or not.

Section 307. Section 302 and Labor Code Section 1782 Neither Section 302, nor any subsequently adopted ordinance, shall be interpreted or applied in any manner that would authorize any contractor to avoid compliance with the requirements of Article 2 of Chapter 1 of Part 7 of the California Labor Code, commencing with Section 1770, relating to the payment of prevailing wages on public works projects. Section 302 shall only be operative during such time that a court of competent jurisdiction enjoins the operation of Labor Code Section 1782 (Chapter 794, Statutes of 2013, also referred to as SB7), or a final decision has been rendered by a court of competent jurisdiction that Labor Code Section 1782 is invalid and unenforceable. After such a final decision has been rendered invalidating Labor Code 1782, this Section 307 shall no longer be operative and may be deleted from this Charter.

ARTICLE IV. REVENUE RETENTION

Section 400. Reductions Prohibited. Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government.

Section 401. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority.

ARTICLE V. GENERAL LAWS

Section 500. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control.

ARTICLE VI. INTERPRETATION

Section 600. Construction and Interpretation. The language contained in this Charter is intended to be permissive rather than conclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair.

Section 601. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

ARTICLE VII. AMENDMENTS

Section 700. Amendments. Any proposal for the amendment, revision, or repeal of this Charter or any portion thereof may be proposed by majority vote of the City Council or by initiative by the People of the City of Arroyo Grande. No such proposal shall be effective until approved by a majority vote of the voters voting at an election on the question and until filed with the Secretary of State of the State of California. In the event of any conflict between this section and Article XI, 3 of the California Constitution, as may be amended, the latter shall govern.


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