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City Charter Adoption
City of Oceanside
Majority Approval Required
Pass: 14,951 / 53.8% Yes votes ...... 12,846 / 46.2% No votes
Index of all Propositions
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall the proposed City Charter of the City of Oceanside be adopted?
Oceanside is currently a general law city subject to all applicable provisions of state law, including those dealing with municipal affairs. Charter cities are authorized by the State Constitution to regulate their municipal affairs as provided for in their individual charters and implementing laws notwithstanding contrary state legislation. General law and charter cities must comply with State and Federal Constitutional requirements and state laws addressing matters of statewide concern. Examples of municipal affairs include municipal election procedures, bidding and contracting, regulation of parks, and city council voting procedures. Examples of matters of statewide concern include open meeting and public record laws, redevelopment, and environmental regulations. The courts ultimately decide whether an issue is a matter of statewide concern or a municipal affair.
The following summarizes key provisions of the proposed charter:
Sections 100 and 101 provide the City with all powers that may be lawfully exercised by a charter city over its municipal affairs. Section 102 provides that all local laws not in conflict with the charter remain in effect unless repealed in the future. Section 200 preserves the existing council-manager form of government. Section 301 exempts the City from state statutes regulating public contracting except as provided by ordinance or agreement of the City Council. Under current law, public works contracts in excess of $5,000 must be awarded to the lowest responsible bidder.
Section 302 prohibits the City from requiring the payment of prevailing wages on City contracts. The City may require that prevailing wages be paid on public contracts if required by state or federal grants, if the contract does not involve a municipal affair, or if authorized by the City Council through a resolution. The California Supreme Court is likely to decide this year if charter cities can exempt themselves from state law requiring the payment of prevailing wages on public works contracts.
Section 303 prohibits the City from requiring that contractors on public works contracts enter into a project labor agreement (PLA). A PLA is a pre-hire collective bargaining agreement that establishes the terms and conditions of employment on a construction project. PLAs generally require all contractors working on a project, whether union or nonunion, to adhere to collectively bargained terms and conditions of employment. No Oceanside law currently requires contractors on public projects to enter into PLAs.
Section 305 prohibits the City, unless required by law, from deducting political contributions from the wages of city employees without the annual written authorization of the employee. Under current agreements with labor groups, Oceanside collects association dues with the employee's one-time written consent.
The charter may be adopted, amended or repealed by majority vote of the electorate.
San Diego Union-Tribune
San Diego Union Tribune
|Arguments For Proposition K||Arguments Against Proposition K|
Join the San Diego County Taxpayers Association, Oceanside Citizens for Fiscal Responsibility, and the Howard Jarvis Taxpayers Association in supporting the Oceanside Charter which protects taxpayers and promotes greater local control.
The citizens of Oceanside understand the needs of our city and how our local government should operate far better than Sacramento politicians. Oceanside citizens can take control of local priorities by voting to become a charter city.
For decades, Sacramento's politicians and special interests have been out of touch with local priorities. The State has consistently imposed mandates and constraints on our local government and has dictated how to spend our tax dollars.
That's why the San Diego County Grand Jury recommends that cities in San Diego County switch from general law cities governed by state law to charter cities governed by their own charters. Carlsbad, Vista, San Marcos, Del Mar, Santee, Chula Vista, and San Diego are already charter cities.
Oceanside's Charter will:
Provide maximum constitutional authority to deal with municipal affairs
Visit our website: www.passthecharter.com
Proposition K is an Attempt to Increase the Power of the City Council
The San Diego Grand Jury has reported that most charters are amended due to abuses by the concentration of power held by city officials. In a charter city, public officials have more power to tax and spend.
General Law cities like Oceanside already take the lowest responsible bid. We get the best workers for the lowest cost.
Don't be fooled by the so-called "taxpayer groups" who support this proposed charter. The primary financial supporters for Proposition K are developers and lobbyists, including Associated Builders and Contractors (ABC). This group wrote the charter in order to avoid California state law in awarding of contracts.
Vista has spent $173,457 on lawsuits because of their charter. Also, a charter makes it easier to levy new taxes and assessments. Ballot placement for this charter and information about it carries a cost of $105,000. Amendments will cost over $100,000 each.
The Grand Jury has said, "Chartering no longer provides significant financial benefits." The State can continue to take money from Oceanside whether it is a charter city or not.
|Please vote "no" on this charter, which would radically change our city's form of government and give power to the politicians.
We have been a general law city for over 120 years. This charter was written by out-of-town building lobbyists and was presented to the city council without review by our citizens nor by our city attorney. It was presented by Councilmember Feller on the last meeting of Councilmember Chavez and pushed through on a 3-2 vote.
A public process would have provided the opportunity to point out its deficiencies. Four previous charters have failed. Given a community process citizens could have voiced their concerns about giving the City Council the right to set their own salaries and to levy sales tax, taxes on utilities, taxes on property transfers, and ignore our General Plan, all allowed under charters as confirmed by the League of California Cities.
This charter would also do away with competitive bidding and the requirement to consider qualifications and competence in hiring. This will lead to sweetheart deals and conflicts of interest.
Proponents claim that Oceanside could save money by not paying prevailing wage. This is not true. Both charter and general law cities must pay prevailing wage if State or Federal money is involved. Our local projects have State and Federal dollars, so there is no advantage with a Charter.
As the North County Times rightfully concluded in its editorial February 21, 2010 "this charter was hatched in a back room." NCT recommends a "No" vote.
Whether you favor a charter form of government or not, this charter is tainted by its secretive background and lack of citizen involvement. It is not good for Oceanside. Such changes in our form of government need community scrutiny. Join us in voting No on Proposition K. Thank you.
Charter opponents falsely claim the Council could raise taxes and litigation, eliminates competition, and that a Charter won't stop wasteful State mandates.
Fact: Proposition K provides Oceanside:
Fact: Howard Jarvis Taxpayers Association and the San Diego County Taxpayers Association endorse Yes on Proposition K, and the San Diego County Grand Jury recommends every city adopt a Charter.
Fact: When Charter opponents controlled the Council, they approved labor union demands that busted our City's budget. After losing control of the Council, they launched an expensive $500,000 recall election. Voters rejected their power grab and can stop it again by voting yes on Proposition K.
Fact: This Charter saves Oceanside taxpayers millions in infrastructure and operating costs by cutting wasteful State spending and contracting mandates.
Fact: 116 California cities have approved a City Charter form of government. Carlsbad, Vista, and San Marcos residents overwhelmingly voted for a Charter.
|Full Text of Proposition K|
WE THE PEOPLE of the City of Oceanside declare our intent to restore to our community 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 better serve and promote the health, safety and welfare of all of the citizens of this City, 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 Oceanside.
Section 100. Municipal Affairs
Section 101. Powers
Section 102. Incorporation and Succession
Section 200. Form of Government
Section 300. Economic and Community Development
Section 301. Public Works Contracts
Section 302. Prevailing Wage
Section 303. Fair and Open Competition
Section 304. Definition of Public Works
Section 305. Voluntary Employee Political Contributions
Section 400. Reductions Prohibited
Section 401. Mandates Limited
Section 500. General Law Powers
Section 600. Construction and Interpretation
Section 601. Severability
Section 700. Amendment to Charter, revised or repealed
Authenticated and certified to be a true copy by Mayor Jim Wood and City Clerk Barbara Riegel Wayne.
Date of Municipal Election: June 8, 2010.