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HomeMy WebLinkAbout2012-04-10; City Council; 20866; PUBLIC HEARING TO RECEIVE INPUT ON PROPOSED CHARTER AMENDMENT10 CITY OF CARLSBAD - AGENDA BILL A6# MTG. DEPT. 20,866 4/10/12 Clerk/Records Public Hearing to Receive Input on Proposed Charter Amendment DEPT.DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Hold a Public Hearing to receive testimony from Carisbad residents regarding submittal of a proposed amendment to the City Charter to the qualified voters at the November 6, 2012 General Municipal Election. ITEM EXPLANATION: California Assembly Bill 1344 (effective in January 1, 2012), Government Code Section 34458(b), requires that the City Council hold two public hearings on any proposed amendment to the City Charter before it can approve the submission of the amendment to the voters. AB 1344 further requires that a second public hearing be held at least 30 days after holding the first public hearing, and prohibits Council from voting on the submission of the proposed charter amendment to the voters until 21 days afterthe second public hearing. The second public hearing on this matter will be held on May 22, 2012. The Carisbad City Charter, adopted in June 2008, was amended at the November 2, 2010 General Municipal Election by the addition of Section 502 "Retention of Benefits," pertaining to the retirement benefits of safety employees. Section 502 ofthe Carlsbad Citv Charter currently reads: "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." At its June 21, 2011 meeting, Council directed staff to amend the City's contract with the California Public Employees' Retirement System (CalPERS) to create a 2"^^ tier retirement plan for miscellaneous employees hired after November 27, 2011, at the 2% @ 60 retirement formula. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 karen.kundtz@carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • CONTINUED TO DATE SPECIFIC • _ • CONTINUED TO DATE UNKNOWN • • RETURNED TO STAFF • • OTH^R- SEE MINUTES ^ • C^EPORl)PRESENTATION >H^ RECEIVED Page 2 Council desires to submit to the qualified voters of Carisbad, an amendment to Section 502 "Retention of Benefits" to include the 2% @ 60 retirement formula for miscellaneous employees hired by the City after November 27, 2011. Proposed Charter Amendment ballot question and text: Shall Section 502 Retention of Benefits of the Charter of Carlsbad, California be amended to include limiting increases in retirement benefits for miscellaneous employees without an amendment to this section? Text: Section 502 Retention of Benefits. Safety employees hired on or after October 4, 2010 and miscellaneous employees hired after November 27, 2011 (the effective date ofthe ordinances amending the City's contracts with CalPERS to create a second tier of retirement benefits for safety and miscellaneous employees) shall not have their retirement benefit formulas (commonly known as the 2% at 50 years of age or 2% at 60 year of age formulas respectively) 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. Note: If this measure fails to pass, Section 502 ofthe existing Charter will remain unchanged. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has not potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: Charter Amendment: There is no immediate fiscal impact associated with implementing the changes to the retirement provisions as described above. It is estimated that the City will realize long-term savings of approximately $5 million over a span often years as a result ofthis action, but employee turnover and other factors will influence the extent of this projected savings. Election Costs: The cost ofthe election is estimated at $100,000, however, variables which could change the cost are the number of candidates and the number of registered voters. The recommended budget for FY 2012-13 includes the necessary funds to cover the costs related to the election. EXHIBITS: 1. Notice of Public Hearing. 2. Text of Section 502 Retention of Benefits showing amended language. EXHIBIT 1 NOTICE OF PUBLIC HEARING CITY OF CARLSBAD PROPOSED CHARTER AMENDMENT NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that a public hearing will be held by the City Council of the City of Carisbad in the Council Chambers of the City of Carisbad, 1200 Carlsbad Village Drive, Carisbad, California, on Tuesday, April 10, 2012, at 6:00 p.m., to receive testimony from Carisbad residents regarding the submittal of a proposed amendment to the City Charter to the qualified voters at the November 6, 2012 General Municipal Election. The Carisbad City Charter, adopted in June 2008, was amended at the November 2, 2010 General Municipal Election by the addition of Section 502 "Retention of Benefits," pertaining to the retirement benefits of safety employees. Council desires to submit for consideration to the qualified voters of Carisbad, an amendment to Section 502 "Retention of Benefits" to include the 2% @ 60 retirement formula for miscellaneous employees hired by the City after November 27, 2011. Per the requirement of California Assembly Bill 1344 (effective in January 1, 2012), Section 34458(b), the City Council must hold two public hearings on any proposed amendment to the City Charter before it can approve the submission of the amendment to the voters. AB 1344 further requires that a second public hearing be held at least 30 days after holding the first public hearing, and prohibits Council from voting on the submission of the proposed charter amendment to the voters until 21 days after the second public hearing. The second public hearing on this matter will be held on May 22, 2012. At the public hearing. Council will hear testimony for and against the proposed amendment to the Charter. If unable to attend the public hearing, written comments on any aspect of the proposed amendment, are invited and should be addressed to the City Clerk's Office, City of Carisbad, 1200 Carisbad Village Drive. Copies ofthe agenda bill with the text ofthe proposed amendment will be available on and after April 6, 2012. If you have any questions, please contact City Attorney Ron Ball at (760) 434-2891 or attorney@carisbadca.gov. Persons with a disability may request an agenda packet in appropriate alternative formats as required by the Americans with Disabilities Act of 1990 by contacting the City Manager's office at (760) 434- 2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carisbadca.gov by noon on the Monday preceding the meeting. All persons requiring reasonable accommodations or auxiliary aids in order to effectively participate in the meeting may contact the City Manager's office by noon on the Monday preceding the meeting to make such arrangements. CARLSBAD CITY COUNCIL PUBLISH: March 15, 2012 and March 20, 2012 Exhibit 2 PROPOSED CHARTER AMENDMENT "Section 502 Retention of Benefits Safety employees hired on or after October 3, 2010 and miscellaneous employees hired after November 27. 2011 (the effective date of the ordinances amending the city's contracts with CalPERS to create a second tier retirement benefits for safety employees and miscellaneous employees) shall not have their retirement benefit formulas (commonly known as 2% at 50 years of age or 2% at 60 years of age formulas respectively) 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." Highlighted words would be added if the Charter Amendment is approved by voters. 0^ This space is for the County Clerk's Filing Stamp 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 Formeriy 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: March 15* & 20*, 2012 Proof of Publication of NOTK ;rrY oi= CARLSBA mr PROPOSED CHARTER AMENDMENT NOTICE IS HEREBY GIVEN to you, because your Interest may be affected, that a public hearing will be held by the City Council of the City of Carlsbad in the Council Chambers of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, April 10, 2012, at 6;00 p.m., to receive testi- mony from Carlsbad residents regarding the submittal of a proposed amend-ment to the City Charter to the qualified voters at the November 6, 2012 General Municipal Election. The Carlsbad City Charter, adopted in June 2008, was amended at the No- vember 2, 2010 General Municipal Election by the addition af Section 502 "Retention of Benefits," pertaining to the retirement benefits of safety employees. Council desires td submit for consideration to the qualified voters of Carlsbad, an amendment to Section 502 "Retention of Benefits" to include the 2% @ 60 retirement formula for tjniscellaneous employees hired by the City after No-vember 27, 2011. Per the requirement of California Assembly Bill 1344 (effective in January 1, 2012), Section 34458(b), the City Council must hold two public hearings on any' proposed amendment to the City Charter before it can approve the submission of the amendment to the voters. AB 1344 further requires that a second public hearing be held at least 30 days after holding the first public hearing, and pro- hibits Council from voting on the submission of the proposed charter amend-ment to the voters until 21 days after the second public hearing. The second public hearing on this matter will be heid pn May 22, 2012. At thebublic hearing. Council will hear testimony for and against the proposed amendment to the Charter. If unable to attend the public hearing, written com- ments on any aspect of the proposed amendment, are invited and should be addressed to the City Clerk's Office, City of Carlsbad, 1200 Carlsbad Village Drive. Copies of the agenda bill with the text of the proposed amendment will be available on and after April 6, 2012. If you have any questions, please contact City Attorney Ron Ball at 760-434-2891 or attorney ©carlsbadca.aov. Persons with a disability may request an agenda packet in appropriate alter- native formats as required by the Americans with Disabilities Act of 1990 by contacting the City Manager's office at 760-434-2821 (voice), 711 (free relay servtee for TTY users), 760-720-9461 (fax) or manaqer@carlsbadca.qov by noon on the Monday preceding the meeting. All persons requiring reasonable. accommodations or auxiliary aids in order to effectively participate in the meet-ing may contact the City Manager's office by noon on the Monday preceding the meeting to make such arrangements. CARLSBAD CITY COUNCIL net 2311151 03/15,03/20/2012; I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 20^ day March, fshouse NORTH COUNTY TIMES Legal Advertising