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Smart Voter
San Diego County, CA June 8, 2010 Election
Proposition K
City Charter Adoption
City of Oceanside

Majority Approval Required

Pass: 14,951 / 53.8% Yes votes ...... 12,846 / 46.2% No votes

See Also: Index of all Propositions

Information shown below: Impartial Analysis | Arguments | Full Text

Shall the proposed City Charter of the City of Oceanside be adopted?

Impartial Analysis from City Attorney
Proposition K asks whether the voters of Oceanside wish to adopt a city charter. California law recognizes two types of cities-general law and charter cities. If approved by the voters, the charter would serve as the constitution of the City and would provide the City with the authority permitted by law to control its municipal affairs.

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 Section 102 provides that all local laws not in conflict with the charter remain in effect unless repealed in the future.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.

  Official Information

City of Oceanside Website
News and Analysis

San Diego Union-Tribune

North County Times Partisan Information

San Diego Union Tribune

North County Times
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Arguments For Proposition K Arguments Against Proposition K
Vote Yes on Prop 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.

More 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.

Charter Benefits Taxpayers

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
Allow greater protection from State revenue reductions and unfunded
Continue our existing "Council-Manager" form of government
Ensure fair and open competition for all public construction projects

Yes to local control. Yes to taxpayer protections. Yes to the Oceanside Charter.
Visit our website:

Past President
Oceanside Chamber of Commerce
Retired, Captain
Oceanside Police Department
San Diego County Taxpayers Association
Retired, Fire Captain
Planning Commissioner
Councilmember, City of Oceanside

Rebuttal to Arguments For

Vote No on Proposition K

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.

Charter Cities Do Not Require Competitive Bidding

General Law cities like Oceanside already take the lowest responsible bid. We get the best workers for the lowest cost.

This Charter Does Not Benefit Taxpayers

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.

Proposition K Will Increase Costs of Oceanside Government

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.

A Charter Provides No Protection From the State

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.

Vote No on Proposition K.


Citizens Against Charter
Planning Commissioner
Retired Professor of Business/Economics
Trustee, Mira Costa College
SCitizens Against Charter
Public Interest Attorney
Retired Secret Service Agent
USMC Purple Heart Veteran
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.

Mayor, City of Oceanside
Past President,
Oceanside Chamber of Commerce
Oceanside Resident
Councilmember, City of Oceanside

Rebuttal to Arguments Against
Proposition K reduces Sacramento politicians' control of Oceanside Vote yes for Local Taxpayer Control

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:

More protections to stop inefficient runaway government spending
More protections to ensure open and fair competition
More protections from involuntary political contributions to labor unions
More citizen involvement and taxpayer control

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.

Vote Yes for better Oceanside parks, libraries, water, and public safety.
Vote Yes for less waste, more jobs and more local control over our city's
Vote Yes for more worker and taxpayer protections from costly Sacramento
special interests.

Oceanside City Councilman
Oceanside City Treasurer
Former State Senator and Past President
Oceanside Chamber of Commerce
President and CEO,
San Diego County Taxpayers Association
Oceanside Taxpayers Association

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.


Article 1
Municipal Affairs

Section 100. Municipal Affairs
Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the citizens of the City of Oceanside.

Section 101. Powers
The City shall have all powers that a City can have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. The enumeration in this Charter of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power.

Section 102. Incorporation and Succession
The City shall continue to be a municipal corporation known as the City of Oceanside. The boundaries of the City of Oceanside shall continue as now established until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled or enjoyed by it at the time this Charter takes effect, and is hereby declared to be the successor of same. It shall be subject to all debts, obligations and liabilities, which exist against the City at the time this Charter takes effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority.

Article 2 Form of Government

Section 200. Form of Government
The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council will establish the policy of the City and the City Manager will carry out that policy.

Article 3
Fiscal Matters

Section 300. Economic and Community Development
The City shall encourage, support, and promote economic development and community development in the City.

Section 301. Public Works Contracts
The City is exempt from the provisions of all California statutes regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards, procedures, rules or regulations to regulate all aspects of public contracting.

Section 302. Prevailing Wage
No City contract shall require payment of the prevailing wage schedule unless: the prevailing wage is legally required, and constitutionally permitted to be imposed, by federal or state grants pursuant to federal or state law; or the project is considered by the City Council not to be a municipal affair of the City; or payment of the prevailing wage schedule is authorized by resolution of the City Council. Payment of the prevailing wage schedule, if authorized hereunder, shall use the pertinent rates published by the State of California.

Section 303. Fair and Open Competition
The City shall not, in any contract for the construction, maintenance, repair, or improvement of public works, require that a contractor, subcontractor, material supplier, or carrier engaged in the construction, maintenance, repair or improvement of public works, execute or otherwise become party to any project labor agreement, collective bargaining agreement, prehire agreement, or other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works contract. Nothing in this section shall be construed as prohibiting private parties from entering into individual collective bargaining relationships, or otherwise as regulating or interfering with activity protected by applicable law, including but not limited to the National Labor Relations Act.

Section 304. Definition of Public Works
For purposes of this Article, the term "public works" means: (1) A building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, redevelopment project, or other facility owned or to be owned or to be contracted for by the City of Oceanside or the Redevelopment Agency of the City of Oceanside, that is paid for in whole or in part with tax revenue paid by residents of the City of Oceanside; or (2) Any other construction service or nonconstruction service.

Section 305. Voluntary Employee Political Contributions
Unless otherwise required by law, neither the City, nor its agents, shall deduct from the wages, earnings or compensation of any City employee any political contributions unless the employee has first presented, and the City has received, a signed written authorization of such deductions, which authorization must be renewed annually and may be revoked by the employee at any time by giving written notice of such revocation to the City.

Article 4
Revenue Retention

Section 400. Reductions Prohibited
Revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government.

Section 401. Mandates Limited
No person whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority.

Article 5
General Laws

Section 500. General Law Powers
In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make exercise and enforce all legislation, laws, and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control.

Article 6

Section 600. Construction and Interpretation
The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair.

Section 601. Severability
If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

Article 7

Section 700. Amendment to Charter, revised or repealed
This Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body.


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.

Jim Wood, Mayor Barbara Riegel Wayne, City Clerk

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Created: August 20, 2010 21:43 PDT
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