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San Diego County, CA November 6, 2012 Election
Proposition P
Adoption of Charter
City of Escondido

Majority Approval Required

Fail: 17,568 / 47.0% Yes votes ...... 19,785 / 53.0% No votes

See Also: Index of all Propositions

Information shown below: Yes/No Meaning | Impartial Analysis |

Shall the City of Escondido be changed from a general law city to a charter city through the adoption of the charter proposed by Resolution 2012-99(R) of the Escondido City Council?

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote will be in favor of adopting the charter.

A NO vote on this measure means:
A "no" vote will be opposed to adopting the charter.

Impartial Analysis from City Attorney
All California cities are either general law cities or charter cities. Measure P proposes the adoption of a charter for the City of Escondido.

Escondido is presently a general law city, subject to all applicable provisions of state law. If Measure P passes, Escondido will become a charter city and will be able to exercise greater control over matters of local concern. The charter would serve as the City's constitution and would provide the City with the authority permitted by law to control its municipal affairs. The full text of the charter is included in the ballot pamphlet. The following summarizes the key provisions of the proposed charter:

The City is granted all powers that may be lawfully exercised by a charter city over its municipal affairs. All local laws not in conflict with the charter remain in effect unless repealed, amended, changed or superseded.

The existing Council-Manager form of government and the elective officers of the City will not change. Four Councilmembers and the Mayor are elected at large. The charter will require four Councilmembers to be elected by residents of their Districts. The Mayor will continue to be elected from the City at large. The salaries of the Mayor and Councilmembers will continue to be set by state law which does not require voter approval. The City Council will set duties and compensation of the City Treasurer by ordinance. The Charter will repeal Proposition N which formerly established the City Treasurer's duties and salary.

The City Council will establish the Council Districts by December 31, 2013. The District boundaries may be altered when necessary. The City Council can fill vacant elective offices within 30 days by appointment or by calling for an election. The proposed charter states the City Council can return to an at-large method of election upon the invalidation or repeal of the California Voting Rights Act (California Elections Code §§ 14025-32).

The charter increases local control over the public contracting process by exempting the City from state statutes regulating public contracting except as provided by ordinance or agreement of the City Council. The California Supreme Court recently decided that charter cities can exempt themselves from state law requiring the payment of prevailing wages on public works contracts. The charter prohibits the City from requiring the payment of prevailing wages on City contracts unless required by state or federal grants, the contract does not involve a municipal affair, or the prevailing wages are authorized by the City Council through a resolution.

The proposed charter states the City will promote fair and open competition for all City construction projects. The charter will prohibit the City from deducting political contributions from the wages of City employees.

In the future, the charter may be adopted, amended or repealed by majority vote of the electorate.

Jeffrey R. Epp
City Attorney

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