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.__,
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( 1'.;,.) l -) ,,....__
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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.
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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.
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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.
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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
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~--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:
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