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San Luis Obispo County, CA November 6, 2012 Election
Measure I-12
Change Grover Beach to a Charter City
City of Grover Beach

Majority Approval Required

Pass: 1718 / 50.16% Yes votes ...... 1707 / 49.84% No votes

See Also: Index of all Measures

Results as of Nov 7 12:08am, 100.0% of Precincts Reporting (7/7)
56.4% Voter Turnout (3827/6791)
Information shown below: Impartial Analysis | Arguments |

Shall the City of Grover Beach be changed from a general law city to a charter city through the adoption of the charter proposed by Resolution No. 12-42 of the Grover Beach City Council?

Impartial Analysis from City Attorney
Introduction. Measure I-12 asks voters if the City of Grover Beach should be changed from a General Law City to a Charter City. Of California's 482 cities, approximately 25% are governed by charters, including locally San Luis Obispo, Santa Maria, and Solvang. Measure I-12 would convert Grover Beach from a general law to a charter city. The charter would be the City's Constitution and allow the City to control its municipal affairs without interference from the State Legislature. Municipal affairs include election procedures, bidding for contracts, and rules for use of City property. The City would remain subject to state laws on matters of statewide concern. Matters of statewide concern include open meeting and public records, environmental protection, and bargaining with employee associations.

Key Provisions.

Sections 100 and 101 provide the City all powers over municipal affairs a charter city can legally have.

Section 200 preserves the existing Council-Manager form of government and Section 202 preserves the current elected offices: 5 Council Members (including a Mayor and Vice Mayor) and establishes a minimum six-month residency requirement for all candidates. Section 202 limits Council Members' pay to what state law allows for general law cities and states no Council Member may receive a pension or unemployment insurance. Section 203 says elections will continue to be governed by state law and protects voter powers of initiative, referendum, and recall.

Section 300 requires the City to promote economic and community development and to preserve Grover Beach's beach-town character. Section 301 exempts the City from provisions of the California Public Contract Code as it pertains to purchasing of goods and services and bidding processes on public works, allowing the Council to set the rules and regulations for those processes. Section 302 exempts it from prevailing wages for construction projects, unless state or federal law or the City Council requires otherwise. Section 303 allows a limited bid advantage for local businesses. Section 304 supports the use of volunteers to build community projects. Section 305 states adoption of the charter will give the City no new power to impose taxes and fees. State law will require voter approval for all new taxes and many new fees.

Sections 400 and 401 are intended to protect Grover Beach's revenues from the State.

Section 501 allows for unlimited General Plan amendments per year, abolishing the limit of three under state law.

If approved by Grover Beach's voters, the Charter will take effect when filed with the Secretary of State and only voters of Grover Beach can amend or repeal it. The proposed charter and more information are available at http://www.grover.org.

s/ Martin D. Koczanowicz
Grover Beach City Attorney

The above statement is an impartial analysis of Measure I-12. If you desire a copy of the full text of the measure, it is available on the City of Grover Beach website at http://www.grover.org or please call the City Clerk's Office at (805) 473-4567 and a copy will be made available at no cost to you.

  Official Information

Election Information from the Website of the City of Grove Beach
includes links to the full text of Charter and to Frequently Asked Questions about the Charter
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Arguments For Measure I-12 Arguments Against Measure I-12
We believe converting the Grover Beach form of government from a General Law to a "Home Rule" Charter City will give citizens greater control over municipal affairs, improve the City's efficiency and preserve and protect local dollars. Currently the City derives its ability to operate from a constitution that is dependent on State law. As a Charter City a locally drafted charter approved by the voters becomes their constitution.

In recent years the State has raided City funds on numerous occasions, taking millions of dollars without repayment. Even so, we have continued to balance our own budget. The City operates under State Law. Our Charter would provide some protection from state raids on our funds. Changes to the charter can only be made by going to a vote of the people.

The City Council carefully developed a charter that would provide the greatest benefits for the City's residents. The Charter will:

Reduce Sacramento control over local affairs

Provide greater protection from State revenue grabs and unfunded mandates

Promote the use of local business and support Economic Development

Enable the City to establish local purchasing and bidding procedures

Establish a 6 month residency requirement for Council candidates

Allow the City to exempt itself from prevailing wage requirements for local projects funded by City generated dollars

Support use of volunteers in municipal projects

The Charter does not change:

Council Member compensation

The election process or procedure

Term Limits

Current taxing authority or create taxes

The Charter will help keep the State out of local affairs and will allow for more cost effective and efficient operation of the City. Savings from local purchasing and bidding procedures along with the easing of prevailing wage requirements will provide more funds to preserve services and complete more projects.

Please vote. Make Grover Beach a Charter City.

s/ Bill Nicolls, Mayor Pro Tem

s/ Karen Bright, Council Member

s/ Debbie Peterson, Council Member

Rebuttal to Arguments For
NO REBUTTAL TO THE ARGUMENT IN FAVOR OF MEASURE I-12 WAS SUBMITTED

Vote No on Measure I-12. This charter initiative gives the City of Grover Beach a free hand "to set standards, procedures, rules or regulations on all aspects of the bidding, award and performance of any public works contract." This means public works projects can be awarded without a formal, competitive bidding process or the City of Grover Beach may perform the work using its own employees, but this includes the risk involved in the City's self-inspection of its own employees' work.

Fair competition means a lower price and a better value from licensed and skilled contractors. Wouldn't you want the lowest price that is guaranteed by competitive bidding? Public agencies using formal bidding procedures are currently seeing bids below their engineer's estimates. These cost savings are being used by those cities and public agencies to complete other projects that were on hold because they lacked funding. Competitive bidding benefits the community and stimulates local economic growth.

The California Public Contract Code (PCC) protects the public from misuse of public funds, provides a fair opportunity to all qualified bidders and eliminates favoritism, fraud and corruption in the awarding of public works contracts. Measure I-12 will exempt the City of Grover Beach from the PCC provisions that were created to ensure a fair, open and transparent government. The City Council is asking you to give them the power to spend freely and award public works contracts without any restrictions. If you want the City Council to be held accountable for how they spend your tax dollars, then we urge you to vote No on Measure I-12.

s/ David A. McCosker, President, Construction Industry Force Account Council (CIFAC)

Rebuttal to Arguments Against
A Yes Vote on Measure I-12 is about local people using local dollars hiring local workers and companies to complete local projects. The Charter, or City Constitution, allows Grover Beach the flexibility to set local standards and procedures for the bidding and awarding of City public works contracts.

Becoming a Charter City will not eliminate the competitive bidding process. Public works projects will continue to come before the City Council for public hearings prior to the awarding of contracts.

The City, under the Charter will continue to uphold a fair, open and transparent government. The Charter allows the Council to be more accountable and do more with your tax dollars.

Vote Yes on Measure I-12 to take control of your local tax dollars and protect your best interests.

s/ Bill Nicolls, Mayor Pro Tem

s/ Karen Bright, Council Member

s/ Debbie Peterson, Council Member


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Created: December 17, 2012 13:47 PST
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