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HomeMy WebLinkAbout2010-11-02; Charter AmendmentTEXT OF PROP G Shall the Charter of Carlsbad, California be amended to add Section 502 Retention of Benefits limiting increases in safety retirement benefits without an amendment to this section? FILED Charter Chapter No. 6 Sta,-utes of 2011 in 1he office of the Secretary of State of the State of California ~EB -3 2011 Text: Section 502 Retention of Benefits. Safety employees hired on or after October 4, 2010 (the effective date of the ordinance amending the City's Contract with CalPERS to create a second tier of retirement benefits for safety employees) shall not have their retirement benefit formula (commonly known as the 2% at 50 years of age formula) increased without an amendment to this section. The City Council may reduce this formula as provided in state law without an amendment to this section. AUTHENTICATION AND CERTIFICATION Authenticated and certified, by Mayor Matt Hall and City Clerk Lorraine M. Wood, to be a true and correct copy of the Charter Amendment for the City of Carlsbad, which was approved by a majority of voters of the City of Carlsbad. Date of Municipal Election: November 2, 2010 Lorraine M. Wood, City Clerk (Seal) RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 THE ORIGl~~AL OF THIS DOCUMENT WAS RECORDED ON J.AN 20. 2011 DOCUME~.JT ~~UMBER 2011-0038192 Ernest J Dronenburg, Jr, COUNT< RECORDER SAN DIEGO COUNT( RECORDER'S OFFICE TIME 316 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad CHARTER AMENDMENT SECTION 502 RETENTION OF BENEFITS APPROVED BY THE CITY OF CARLSBAD VOTERS AT THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 2, 2010 AUTHENTICATION AND CERTIFICATION Authenticated and certified, by Mayor Matt Hall and City Clerk Lorraine M. Wood, to be a true and correct copy of the Charter Amendment for the City of Carlsbad, which was approved by a majority of voters of the City of Carlsbad. Date of Municipal Election: November 2, 2010 1/(_ Lorraine M. Wood, City Clerk (Seal) TEXT OF PROP G Shall the Charter of Carlsbad, California be amended to add Section 502 Retention of Benefits limiting increases in safety retirement benefits without an amendment to this section? Text: Section 502 Retention of Benefits. Safety employees hired on or after October 4, 2010 (the effective date of the ordinance amending the City's Contract with CalPERS to create a second tier of retirement benefits for safety employees) shall not have their retirement benefit formula (commonly known as the 2% at 50 years of age formula) increased without an amendment to this section. The City Council may reduce this formula as provided in state law without an amendment to this section. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Lorraine M. Wood, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copies with the original DIRECT ARGUMENT FOR, DIRECT ARGUMENT AGAINST, REBUTTAL ARGUMENT AGAINST AND REBUTTAL ARGUMENT FOR BALLOT PROPOSITON G, that the same contains a full, true and correct transcript there from and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 13TH day of January 2011. ARGUMENT/REBUTTAL SIGNATURES ~-(The following statement is required by California Elections Code Section 9600.) +- The undersigned authors of the -U, ct c.±:: argument k ~\J"t,-,,-0 ballot proposition 6 . \ Direct OR Rebuttal ~ the In favor of OR Against Letter at the q~ .{Y\ u •"''-''re~ion for the C\\, \) -\: C..a...c-\s~ ~ .. 1.. to be held on \ \--1 -IQ hereby state Election TiUe Jurisdiction Date ~at such argument is true and correct to the best of ~ < knowledge and belief. his/her/their NOTE At least one of the authors/signers ( designated the "filer") shall meet the criteria of being a registered voter in the jurisdiction in which the proposition appears. Any other signers are not required to meet that or any other criteria and are assumed to appear at the discretion and approval of the filer. NAME (Print): *TITLE (Optional): /111 iI ~, 0 vz_. _ AooRESs: 12-oe,, Czt1:i_ fsk ~ U lfa. ,....., Dtr . . J Ca12.i> L. 4-~ <!A: NAME (Signature): (Print): *TITLE(Optional): ~ '-~\ ~'v--- ADDRESS: 11&:1? UA'Ls\oJ ~ , l\ o..., t ~ G:..__r \cs\:> ,v:l' ~,A * If provided, this title may be printed in the Sample Ballot/Voter Information Pamphlet. NAME (Signature): (Print): *mLE (Optional): ADDRESS: DATE: PHONE: NAME (Signature): (Print): *TITLE (Optional): ADDRESS: DATE: f I{. 10 PHONE: i~t,-~?Y-/~Od NOTE Registrar of Voters policy does not allow candidates, campaign managers, campaign treasurers, argument or rebuttal signers of ballot measures or members of their immediate family to host a polling place or act as a poll worker in the jurisdiction in which the candidacy or ballot measure of the interested party is being voted upon. ARGUMENT IN FAVOR OF PROPOSITION G Ten years ago, Carlsbad, along with most of the state, increased pension benefits to its employees. Due to stock market losses and increased pension benefits, the retirement plan for our safety employees is now only 65 percent funded. This budgetary shortfall has the potential to crowd out other critical public services, including parks and libraries. Over the last three years, 2007 -2009, the City has paid over $48 million into the CalPERS retirement program, while the employees have only paid $1.5 million into their retirement portion. This must change, because the City cannot afford this type of expense. A "yes" vote means that taxpayers -not politicians -should decide if pension benefits should be increased to secure and retain a professional work force. The current system is broken. Carlsbad has always been aggressive and at the forefront of change. We are Carlsbad -proud of our City-vote "YES" on Prop G . ARGUMENT /REBUTTAL SIGNATURES (The following sliJtement is required by califomia Bections Code Section 9600.) The undersigned authors of the ____ · _i; __ ,~_-._~ __ ...___..:e'-J_-_________ argument -----...,.....::1::i'· .:::Li:..:-~\ ...:.~_,l..:::L._.=-'--'•. ::,:.... ___ ,,..__ ___ ballot proposition ~(~;~1~-- In favor of OR Against Letter I , at the I)~ L '--) ( ' jif (_. election for the. _____ ,.__C__,__1-..,..,._~l-; _ __,_G___,_,\~._." _-_.,.( ......... kj....,_,.' 11-"?-'t'--':""'c ;_,f""')_~_v==· ":,_, ___ to be held on __ / 1 ..... 1_' _c __ ,>_· _c_Jf_ hereby state Election Title T Jurisdiction Date that such argument is true and correct to the best of __ -ib-\.:...i;_c-..,,;·,-...----knowledge and belief. his/her/their Direct OR Rebuttal to the NOTE At least one of the authors/signers (designated the "filer") shall meet the criteria of being a registered voter in the jurisdiction in which the proposition appears. Any other signers are not required to meet that or any other criteria and are assumed to appear at the discretion and approval of the filer. * / -~~ Organization Title (Optional) / , /? ,. ,, _,/ /:-yp/ __ _.....r---....__ NAME (Signature): NAME (Signature): ' ) -i~A"-(k),__( (Print): l / (Print): i..____ l /','-.. *TITLE (Optional): *TITLE (Optional): ·- ADDRESS: ~/ 7 7 r:' ~-~ I LS [)<A.__, ~ c::.-;,\_ ADDRESS: .. ( 1'.;,.) l -) ,,....__ t ~ <;i~:.\~ ~ c-/1 I DATE: (f) 7/ln t: PHONE: 7?·C' .. L(_l/'r' -CJl/JL!._ DATE: PHONE: ' NAME (Signature): NAME (Signature): (Print): (Print): *TITLE (Optional): *TITLE (Optional): ADDRESS: ADDRESS: DATE: PHONE: DATE: PHONE: NAME (Signature): NOTE * If provided, this title (Print): Registrar of Voter.s policy does not allow candidates, campaign managers, may be printed in the *TITLE (Optional): campaign treasurers, argument or Sample Ballot/Voter rebuttal signers of ballot measures or Information Pamphlet. ADDRESS: members of their immediate family to host a polling place or act as a poll worker in the Jurisdiction in which the candidacy or ballot measure of the DATE: PHONE: interested party is being voted upon. Argument against the City of Carlsbad proposed Charter Amendment, Proposition G This amendment allows voters to decide whether any future increases in the public safety pension benefit formula will be subject to voter approval. The measure will require a simple majority to pass. The current bargaining process between the City and its employees allows both sides to make changes to salary and benefits when appropriate. In tough economic times, salaries and benefits are reduced to equate with changes in the private sector. Similarly, in times of growth, the City can survey its neighbors and make the necessary adjustments to guarantee it draws the best applicants. This proposition essentially creates larger government. Charter amendments such as this allow your elected officials to pass their responsibility onto others. Voting NO on Prop G will require City Council to effectively and efficiently carry out their duties as an Elected Officials and how it relates to the future of these important fiscal matters. Make sure your elected representatives deal with the financial problems that have arisen on their watch. Please Vote No on Proposition G ARGUMENT/REBUTTAL SIGNATURES (The following st3tement is required by California Elections OXie Semon 9600.) The undersigned authors of the ubu. /ta,J__,. argument {J.Atiiflif ballot proposition __ 6;----+--- Direct OR Rebuttal to the lfl. favor of OR Against Letter at the Gener<>{ /nun, 'dpiffrfrfx the ~, & of Cu:t.t&._rL to be held on __ /J_o_v __ 2. __ hereby state Election Title / Jurisdiction Date :LO; 0 that such argument is true and correct to the best of '-fh~ knowledge and belief. his/~ NOTE At least one of the authors/signers (designated the "filer'') shall meet the criteria of being a registered voter in the jurisdiction in which the proposition appears. Any other signers are not required to meet that or any other criteria and are assumed to appear at the discretion and approval of the filer. *organization Title (Optional) NAME (Signature): r=~~:--=---1Y...-+~~~~~---=----- (Print): *TITLE (Optional): t_, ,·!k( tour\~ { ADDRESS: l W o (i 1kt l & bo&: I (\ w.Jt l£ u ~a C A DATE: f{ µ7/10 PHO · J 0 l (Print): *TITLE (Optional): ADDRESS: DATE: i\lem~ lJ~ I IC-.6 eh= ) 17-00~ 30 NAME (Signature): * If provided, this title may be printed in the Sample Ballot/Voter Information Pamphlet. (Print): *mLE (Optional): ADDRESS: DATE: PHONE: NAME (Signature): _ _,_Lf-':::....::~h---il~"aal'---------- (Print): l-+c.l *mLE (Optional): ADDRESS: DATE: S l. NAME (Signature): /,.....,.<(.14.~~~L-~~~_/_;.~~~=-L- (Print): *mLE (Optional): ADDRESS: le.Do C:uXl~()d~e VJ: Cc~vlsW, C!.A ~ 2.ec ~ DATE: --'8'=+' -=2....1..+-,1-=0__ PHONE: (1~ 4'$ll:-2k 3 0 NOTE Registrar of Voter.s policy does not allow candidates, campaign manager.s, campaign treasurer.s, argument or rebut/iJI signer.s of ballot measures or member.s of their immediate family to host a polling place or act as a poll worker in the jurisdiction in which the candidacy or ballot measure of the interested party is being voted upon. REBUTTAL TO ARGUMENT AGAINST PROPOSITION G Proposition G simply requires voter approval before the City of Carlsbad can give certain city workers retirement benefits that are even more generous than what they currently have. The opponents of Proposition G want you to put your trust in elected officials. Proposition G protects the public by eliminating the power of elected officials to increase pension benefits in exchange for contributions by special interests. Proposition G doesn't increase government. Proposition G requires the supporters of a public employee pension increase to present their case directly to the voters for approval or rejection. If the advocates of a pension increase can show that the retirement benefits currently available aren't adequate to attract or retain qualified employees, voters will approve reasonable benefit increases. Please vote "Yes" on Proposition G. ARGUMENT /REBUTTAL SIGNATURES (T11e following statement is required by California Elections COde Section 9600.) The undersigned authors of the <£ Lh, 1-n'). '--n~ All t_,: c.-'/Jlt,1/ 7 6 l l ½irgument __ __:/~ __________ ballot proposition __ c_-:: __ _ Direct QB Rebuttal to the In favor of QB Against Letter atthe /l)//,i,/.:_1 /p"HL electionforthe {!,Ty .,,,= l 71-Jr!t,{1//1..) Election Title T Jurisdiction that such argument is true and correct to the best of ___ ___;'..:.✓/4,.._,-"--' ____ knowledge and belief. his/her/their NOTE to be held on _1 _·' __ -;-_/ _ _1 (._'. _ hereby state Date At least one of the authors/signers (designated the "filerj shall meet the criteria of being a registered voter in the jurisdiction in which the proposition appears. Any other signers are not required to meet that or any other criteria and are assumed to appear at the discretion and approval of the filer. *organization Title (Optional) •' I , / j,,z_ ;1.-1' . - NAME (Signature): -✓ /. •/l . «c.f·.:~ NAME (Signature): ,< I> (Print): .A,~--,;,; ; /!-(,_ z_ 4: A:E c..c:: ~ (Print): *TITLE (Optional): *TITLE (Optional): ADDRESS: .d, ~L; --'-c_·_ ( ( {~J L -sTl2CE. T ADDRESS: -f ;;-.::~c b-I L-1.\,i,-, ( '~ ,t_;: r1 I) (I~ \ , '- ~-l)z/;c / DATE: PHONE: 76c L/Jt.f-dlf I~ DATE: PHONE: NAME (Signature): NAME (Signature): (Print): (Print): *TITLE (Optional): *TITLE (Optional): ADDRESS: ADDRESS: DATE: PHONE: DATE: PHONE: NAME (Signature): NOTE Registrar of Votet:5 policy does not * If provided, this title (Print): allow candidates, campaign managet:5, may be printed in the campaign treasuret:5, argument or *TITLE (Optional): rebuttal signet:5 of ballot measures or Sample Ballot/Voter membet:5 of their immediate family to Information Pamphlet. ADDRESS: host a polling place or ad as a poll worker in the jurisdiction in which the candidacy or ballot measure of the DATE: PHONE: interested party is being voted upon. REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION G The Argument that we must pass G to effect change does not hold water as the only intent is to kill the power of future Councils to reduce, freeze or increase employee benefits. Prop G does not change or lower employee pension benefits at all. Instead, it ties the hands of future Councils and passes the buck to the voters who will be forced to make those tough decisions regarding employee pensions. The current system is a good one because it allows for changes as needed. A NO vote on Prop G will enable future elected officials to do the job for which we elect them. That is to make decisions for problems that arise on their watch. Again. Prop G does not change or lower pension benefits at all. It only passes the problem on to us, the voters. We must defeat this proposition. Please join me in voting NO on Proposition G. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Lorraine M. Wood, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copies with the original NOTICE OF MEASURE TO BE VOTED ON, dated July 28, 201 O and subsequent proof of publication by the North County Times, that the same contains a full, true and correct transcript there from and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 13TH day of January 2011 . M. WOOD, CMC K NOTICE OF MEASURE TO BE VOTED ON NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Carlsbad on Tuesday, November 2, 2010, for the following Measure: Shall the Charter of Carlsbad, California be amended to YES add Section 502 Retention of Benefits limiting increases in safety retirement benefits without an amendment to this section? Text: Section 502 Retention of Benefits. Safety employees hired on or after October 4, 2010 (the effective date of the ordinance amending the City's Contract with CalPERS to create a NO second tier of retirement benefits for safety employees) shall not have their retirement benefit formula (commonly known as the 2% at 50 years of age formula) increased without an amendment to this section. The City Council may reduce this formula as provided in state law without an amendment to this section. The polls will be open between the hours of 7:00 a.m. and 8:00 p.m. Dated: July 28, 2010 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 7th, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California This 7th, day of August, 2010 \,\ 1\~ ( --. °JJiS? "' , -· ---· _ J kneilihse NORTH COUN1Y TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of • NOTICE OF MEASURI! TO BE VOTED ON NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Carlsbad on Tuesday, November 2, 2010, for the following Measure: Shall the Charter of Carlsbad, Calllomla be amended to add Section 502 Retention of Benefits limiting Increases In safety retirement ben- efits wlthput an ame111:lment to this section? Text: . Section 502 BflttD1llm 21 B!lrulll1I. . YES Safety employees lilred oner alter October 4, 2010 (the effective date of the ordinance amending the City's Contract with CalPERS to __ """ create a second tier of retirement beneflta for safety employees shall not have their retirement benefit formula (commonly known·as NO the 2o/o at 50 years of age lormulal Increased without an amendment to this section. The City Councl may raduce this formula as pro vldad In state law without an amandmenl to this section. The polls will be open between the hours of 7:00 a.m. and 8:00 p.m. LORRAINE M. WOOD, City Clerk Dated: July 28, 2010 net 2266735 • 08/07/2010 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Lorraine M. Wood, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copies with the original RESOLUTION NO. 2010-272, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULTS AND USCH OTHER MATTERS AS PROVIDED BY LAW, that the same contains a full, true and correct transcript there from and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 13TH day of January 2011. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULTS AND SUCH OTHER MA TIERS AS PROVIDED BY LAW. WHEREAS, a General Municipal Election was held and conducted in the City of Carlsbad, California, on Tuesday, November 2, 2010 as required by law; and, WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made· and declared in time, form and manner as required by the provisions of the Elections Code of the State of California relating to the holding of elections in general law cities; and, WHEREAS, the City Council adopted Resolution No. 2010-138, on June 8, 2010, for the purpose of electing a Mayor, two Council Members, a City Treasurer and City Clerk for full terms of four years; and, WHEREAS, the City Council adopted Resolution No. 2010-201, on July 27, 2010, to submit to the voters a question to amend the City Charter; and, WHEREAS the proposed Charter Amendment was known as Proposition "G" on the November ballot; and, WHEREAS, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, and the results are received and attached as Exhibit "2". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the whole number of ballots cast in the city, except "vote by mail" ballots, was 18,860. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the whole number of "vote by mail" ballots cast in the City was 25,333 making a total of 44.193 ballots cast in the City. 4. That the names of the persons voted for at the General Municipal Election are as follows: For Mayor: Matt Hall For Council Members: Farrah Douglas Mark Packard For City Treasurer: Jim Comstock For City Clerk: Lorraine M. Wood 5. That the City Council does declare and determine that: Matt Hall was elected as Mayor of the City of Carlsbad for the full term of four years; and, Farrah Douglas and Mark Packard were elected as a Members of the Carlsbad City Council for the full terms of four years; and, Jim Comstock was elected as City Treasurer of the City of Carlsbad for the full term of four years; and, Lorraine M. Wood was elected as City Clerk of the City of Carlsbad for the full term of four years. 6. That Proposition "G" passed by a majority vote. 7. That the City Clerk shall enter on the records of the City Council of the City of Carlsbad, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; and (4) The number of votes given at each precinct to each candidate; and, (5) The number of votes for and against the ballot proposition. -2- 'I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. 9. That the City Clerk shall produce two certified copies of the complete text of the Charter Amendment, one to become a part of permanent city records and one for the County Recorder that includes required certified documents. The City Clerk shall also request the California Secretary of State to accept, file and print as a special charter chapter series of the state statues as applicable. 8. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the file of Original Resolutions. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -3- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~--ED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of December, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ,, ATTEST: ,,,,1111,,,, ,,''\,sBAO c'',,, ,, ~--·········•. "I. "-:. ~oil. ~'(,,,,-=-::: IJ. .-· . ~-<':. -•. . .. o-::0: ',r 1 :;;o: ::.-,..:. . :~= -:.y\ .:~.: ~~·· ........ · .,:, ,.,,., .. .... ,, ", ... * ,,, .... 1, ,,, ,,,,, .. ,,,,