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Monterey County, CA November 4, 2008 Election
Measure Y
City Employee Retirement Plan
City of Pacific Grove

Majority Approval Required

Pass: 4,105 / 56.03% Yes votes ...... 3,221 / 43.97% No votes

See Also: Index of all Measures

Results as of November 26 3:26pm, 100.00%% of Precincts Reporting (7/7)
Information shown below: Impartial Analysis | Arguments | Full Text

City of Pacific Grove Advisory Measure: Should the City of Pacific Grove replace its existing employee's defined-benefit retirement plan (California Public Employees' Retirement System, or Cal PERS) with a defined-contribution retirement plan (similar to an Internal Revenue Code section 401 (k) plan)?

Impartial Analysis from The City Attorney
The City Council of the City of Pacific Grove ("City") placed Measure __ on the November 4, 2008 ballot. This measure seeks the non-binding advisory opinion of those who cast ballots on this measure as to whether the City should replace its existing employee defined-benefit retirement plan with a defined-contribution retirement plan.

Since 1956, the City has provided its employees with a defined-benefit retirement plan administered by the California Public Employee's Retirement System ("CalPERS"). The City could, as an alternative, end participation in the CalPERS defined-benefit retirement plan and instead provide City employees an alternate retirement plan such as a defined-contribution plan similar to an IRS 401 (k) plan.

A "Defined-Benefit" retirement plan is one in which a variable amount (or percentage) of money is paid into a retirement fund each year for the benefit of an employee. The pension paid to the employee at retirement is fixed, based upon factors such as salary history and duration of employment. The amount paid to the employee under the pension does not vary due to investment gains and loses.

A "Defined Contribution" retirement plan is one in which a specific and certain amount (or percentage) of money is paid into a retirement fund each year for the benefit of an employee. The pension paid to the employee at retirement cannot be determined because, although the amount contributed is fixed, the amount in the employee's retirement fund will vary due to investment gains and loses. The employee's retirement pension payment is therefore not fixed or certain.

The process to terminate the CalPERS retirement plan contract is set by Government Code Section 20570; it takes at least one year to end participation in the plan as multiple steps are required. First, a Resolution of Intent to Terminate must be adopted; the City Council completed this step on June 18, 2008. Next, CalPERS is required to provide the City with an actuarial analysis to determine City costs related to ending its participation in the retirement plan. This analysis has not yet been received. The City Council cannot take final action to terminate the CalPERS contract until after it receives this actuarial valuation. If the City chooses to proceed after the final actuarial valuation is received, the City Council must then vote to adopt an ordinance to terminate City participation in the CalPERS contract. This final step cannot occur until on or after June 18, 2009.

A "YES" vote on this ballot measure provides an advisory recommendation that the City of Pacific Grove should terminate the CalPERS defined-benefit retirement plan for its employees.

A "NO" vote on this ballot measure provides an advisory recommendation that the City of Pacific Grove should not terminate the CalPERS defined-benefit retirement plan for its employees.

The measure seeks a non-binding advisory opinion only. The results shall not bind the City or the City Council.

David C. Laredo
   City Attorney
   City of Pacific Grove

 
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Arguments For Measure Y Arguments Against Measure Y
The CalPERS defined benefit plan is not only expensive but it also burdens the City and taxpayers with unknown future costs. Public safety employees who work 30 years receive 90% of their highest pay guaranteed for life. And by setting the retirement age at 50 for public safety and 55 for general employees, this plan has also created serious difficulties in retaining and recruiting an experienced workforce.

As a result of CalPERS investment losses beginning in 2000, the taxpayers in Pacific Grove received a bill for $19 million to cover our share of these losses, yet the City has no real say in how retirement funds are invested. The City has had to cut services to the bone, has a low reserve account, and now has to pay $37 million over 30 years to pay off its debt to CalPERS. Including this debt, the current retirement cost for the City for public safety employees is about 34% of salary. The CalPERS investment fund value has dropped over $21 billion between December, 2007 and July, 2008.

By replacing CalPERS with a defined contribution plan (like a 401), the City will be able to stabilize its costs and remove future risk. Existing employees will retain their accrued CalPERS benefits and be able to accrue additional benefits through a defined contribution plan and Social Security for as long as they are employed. Employees will assume responsibility for and have control over their own retirement. This will enable the City to control current costs and eliminate future unknown costs. The City will be better able to provide stable employment for staff and a greater level of service to citizens.

Study the facts. Vote YES on this measure.

/s/John M. Moore
   Registered Voter

/s/Kenneth B. Wurzburger
  Registered Voter

/s/Annette B. Corcoran
  Registered Voter

/s/Frances M. Grate
  Registered Voter in Pacific Grove

Rebuttal to Arguments For
Here are the facts:

As police officers and firefighters we lay our lives on the line every day. It is inevitable that our families face the risk that we may become severely injured or die in the line of duty. This measure gambles with our family's future. A defined benefit pension provides death and disability benefits to family members of police officers and firefighters who fall in the line of duty - a defined contribution plan does not.

The proponents fail to tell you that CalPERS is the largest and most successful pension system in the country and over the last 5 years its investment portfolio value has grown by over 94 billion dollars. Through its economy of scale and investment expertise, CalPERS' investment returns fund 75% of employee benefits - the balance is funded equally by employee and the employer contributions.

Furthermore, the City has failed to provide any real proposals for a replacement plan, much less show evidence that such plans will be less costly.

This measure seeks to punish the hardworking employees of Pacific Grove by exchanging a secure retirement plan for a risky defined contribution plan that will harm the benefits of current workers. The City's fiscal mismanagement should not be remedied on the backs of police officers and firefighters.

Let's not lose our best and brightest police officers and firefighters due to a short-sighted plan that hurts all of us.

Protect our neighborhoods. Preserve our public safety. NO on Measure Y.

/s/Ami Lonsinger
  President, Pacific Grove Police Officers Association

/s/Daniel Givvin
  Treasurer, Pacific Grove Firefighters Association

/s/Emilo Alcaraz
  Pacific Grove General Employees Association

CalPERS is the standard retirement plan for city police officers, firefighters and public employees across California. Under the CalPERS plan, the average employee retires with a pension of $1,881.00 per month.

In place of the CalPERS system, Measure Y would impose a risky and inferior plan on Pacific Grove police officers, firefighters, and all other employees. There is little doubt this will make it harder to recruit and retain quality employees.

Pacific Grove is already virtually alone in offering almost no health coverage. Take away retirement security too, and we simply will not be able to get or keep quality personnel. Police and firefighters live, on average, shorter lives than the general population, so retirement security is paramount in public safety.

Even more chillingly, the proposal effectively eliminates death and disability benefits for the families of police officers and firefighters killed in the line of duty. Under the City's proposal, our surviving spouses and children will receive NO guaranteed monthly pension.

Police officers and firefighters cannot be expected to place their lives on the line without a guaranteed survivor's pension for family members in the event they are killed in the line of duty. Measure Y's supporters offer no guaranteed savings to taxpayers. Their alternative recruitment strategy is to promote taxpayer financed "double-dipping" by CalPERS retirees (Source: Fair Share Pacific Grove).

Your city police officers, firefighters, and public servants are not responsible for Pacific Grove's budget problems. We work hard on your behalf and we pay our share of retirement costs, even when our employers do not.

Please join your public servants in voting NO on Measure Y.

/s/Ami Lonsinger
  President, Pacific Grove Police Officers Association

/s/Daniel Givvin
  Treasurer, Pacific Grove Firefighters Association

/s/Emilo Alcaraz
  Pacific Grove General Employees Association

Rebuttal to Arguments Against
Opponents minimize the cost of our retirement benefits when they cite $1881.00 per month as the average CalPERS benefit statewide: a corporal in the P.G. police dept. would be entitled to $7055.00 per month, for life, a Captain, much more.

Employees are not the main cause of our budget problem, but mismanagement by CalPERS of the retirement system is: measure Y gets rid of CalPERS.

The idea that the City won't be able to retain or recruit employees is simply a scare tactic. In fact it is excessive retirement costs that have caused most reductions in staff and services, including fire and police. There will always be quality people willing to serve the public for a responsible wage and fair benefits. The City has not proposed to eliminate survivor benefits; in fact a defined contribution retirement plan is an inheritable asset. The City can and will provide fair and responsible employee compensation and benefits with a defined contribution plan. By this means the City will insure its long term financial health, and provide stable employment, something it cannot promise now.

The simple truth is that the current defined benefit retirement plan is not sustainable. Cities all over California are struggling with the rising costs of public employment, primarily due to guaranteed benefit costs that are out of control. We need a retirement system that is fair to public employees but also fair to the public.

Ignore scare tactics. Vote YES on Measure Y.

/s/John M. Moore
   Registered Voter

/s/Kenneth B. Wurzburger
  Registered Voter

/s/Annette B. Corcoran
  Registered Voter

/s/Frances M. Grate
  Registered Voter

Full Text of Measure Y
RESOLUTION NO. 08-045


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING AN ADVISORY MEASURE ON THE BALLOT AND REQUESTING THE BOARD OF SUPERVISORS OF MONTEREY COUNTY PROVIDE FOR THE CONSOLIDATION OF THIS ELECTION WITH THE ELECTION TO BE HELD ON NOVEMBER 4, 2008

WHEREAS, the City of Pacific Grove ("City") continues to explore cost reduction strategies for current and future proposed budgets; and

WHEREAS, the City currently provides its employees with a defined-benefit retirement plan through the California Public Employee's Retirement System ("Cal PERS"); and

WHEREAS, the City could, in the alternative, terminate participation in that defined-benefit retirement plan, and instead provide its employees with a defined-contribution retirement plan similar to an IRS 401 (k) retirement plan; and

WHEREAS, the City Council, seeks the advisory opinion of those who choose to cast ballots on this issue; and

WHEREAS, there is a statewide election scheduled for November 4, 2008, that will be conducted in Monterey County by the Monterey County Registrar of Voters; and

WHEREAS, the municipal election for selection of three (3) council members and the mayor shall be consolidated with the statewide election scheduled for November 4, 2008; and

WHEREAS, the City, as a Charter City, holds authority to place an advisory measure on the ballot; and

WHEREAS, this Resolution is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000, et seq., as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. A municipal election of the City of Pacific Grove shall be held in the City of Pacific Grove on November 4, 2008, at which time there shall be submitted an advisory measure as set forth in Section 3 of this Resolution.

SECTION 3. The ballot measure setting forth the advisory question shall be as follows:
City of Pacific Grove Measure ______

City of Pacific Grove Advisory Measure: Should the City of Pacific Grove replace its existing employee's defined-benefit retirement plan (California Public Employees' Retirement System, or Cal PERS) with a defined-contribution retirement plan (similar to an Internal Revenue Code section 401 (k) plan)?

Yes (_____)
No (_____)

SECTION 4. The measure is an advisory measure only; the results shall not be binding upon the City or the City Council.

SECTION 5. The City Council requests the Board of Supervisors for the County of Monterey ("Board of Supervisors") to provide for consolidation of the special municipal election called for herein with the statewide election scheduled for November 4, 2008, and to provide within the City of Pacific Grove the election precincts, polling places, voting booths, and election officers necessary to conduct the election. The Board is further requested to provide for the preparation and mailing of sample ballots to qualified voters within the City as appropriate and in the manner provided by law.

SECTION 6. The Board of Supervisors is hereby authorized to canvass, or cause to be canvassed, as provided by law the returns of this municipal election, and to certify the results of such canvass of votes.

SECTION 7. The City Clerk is authorized and directed to certify to the due adoption of this Resolution and to transmit a copy to the Board of Supervisors and file a copy, so certified, with the County Clerk and County Registrar of Voters.

SECTION 8. The City Clerk and County Registrar of Voters are authorized to print such forms, publish such notices, and provide such information as may be necessary or convenient to assure the orderly holding of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner harmonious and consistent with law.

SECTION 9. The County Registrar of Voters is authorized to bill the City for costs associated with the election called by this Resolution.

SECTION 10. The City Attorney is directed to submit an impartial analysis of the proposed measure pursuant to section 9280 of the Elections Code on or before August 25, 2008.

SECTION 11. The last day to submit written arguments for the measure (encouraging a "yes" vote) shall be August 15, 2008. Submittals are to be delivered to the Office of the City Clerk on or before 5:00 p.m.

SECTION 12. The last day to submit written arguments against the measure (encouraging a "no" vote) shall be August 15, 2008. Submittals are to be delivered to the Office of the City Clerk on or before 5:00 p.m.

SECTION 13. The last day to submit written rebuttal arguments for the measure (encouraging a "yes" vote) shall be August 25, 2008. Submittals are to be delivered to the Office of the City Clerk on or before 5:00 p.m.

SECTION 14. The last day to submit written rebuttal arguments against the measure (encouraging a "no" vote) shall be August 25, 2008. Submittals are to be delivered to the Office of the City Clerk on or before 5:00 p.m.

SECTION 15. The City Clerk shall submit all materials submitted pursuant to the Elections Code to the County Clerk on or before a date yet to be determined by the Monterey County Elections Department in accordance with the Elections Code.

SECTION 16. The City Council shall meet to declare the results of the election called for by this Resolution at their first meeting following certification of the election results.

SECTION 17. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation within the City once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS 16th day of July, 2008, by the following vote:

AYES: Council Members Bennett, Nilmeier, Stilwell, Davis
NOES: Council Members Cohen, Cort, Miller
ABSENT: None

APPROVED:

____________________________
DANIEL J. CORT, Mayor

ATTEST:

_________________________________
CHARLENE WISEMAN, City Clerk

APPROVED AS TO FORM:

_________________________________
DAVID C. LAREDO, City Attorney


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Created: January 24, 2009 10:35 PST
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