League of Women Voters of California Education Fund
	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

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 mandates 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: www.passthecharter.com MARY STEIGER Past President Oceanside Chamber of Commerce DAVID S. HEERING Retired, Captain Oceanside Police Department LANI LUTAR President San Diego County Taxpayers Association ROBERT NEAL Retired, Fire Captain Planning Commissioner JERRY KERN 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. See: http://www.CitizensAgainstCharter.com DIXIE BALES, Co-Chair Citizens Against Charter Planning Commissioner DENNIS MARTINEK, Ph.D. Retired Professor of Business/Economics GEORGE McNEIL Trustee, Mira Costa College SCitizens Against Charter NADINE L. SCOTT Public Interest Attorney DAVID GREGG 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. JIM WOOD Mayor, City of Oceanside WlLLIE BUCHANON Businessman JERRY SALYER Past President, Oceanside Chamber of Commerce HARRIET BLEDSOE Oceanside Resident ESTHER SANCHEZ 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 future. Vote Yes for more worker and taxpayer protections from costly Sacramento special interests. JACK FELLER Oceanside City Councilman GARY FELIEN Oceanside City Treasurer OLLIE SPERAW Former State Senator and Past President Oceanside Chamber of Commerce LANI LUTAR President and CEO, San Diego County Taxpayers Association MICKEY McKENNA President, Oceanside Taxpayers Association

Full Text of Proposition K

PROPOSED CHARTER CHARTER OF THE CITY OF OCEANSIDE PREAMBLE 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. CHARTER 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 Interpretation 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 Amendment 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. AUTHENTICATION AND CERTIFICATION 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