HomeMy WebLinkAbout2008-02-05; City Council; Resolution 2008-030X H / /S n Ll
1 RESOLUTION NO. 2008-030
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING AND GIVING NOTICE
3 OF THE HOLDING OF THE SPECIAL MUNICIPAL ELECTION
. TO BE HELD IN THE CITY ON TUESDAY, JUNE 3, 2008, AND
APPROPRIATING FUNDS FOR COMMUNICATION ACTIONS
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WHEREAS, under the provisions of the laws relating to general law cities in the State of
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California, a Special Municipal Election shall be held on June 3, 2008, for the purpose of
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submitting a proposed measure regarding a Charter City to the qualified voters of Carlsbad
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10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
11 California, as follows:
12 1. That the above recitations are true and correct.
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2. That pursuant to the requirements of the laws of the State of California relating to
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general law cities, there is called and ordered to be held in the City of Carlsbad, California, on
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Tuesday, June 3, 2008, a Special Municipal Election for the purpose of submitting a proposed
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measure regarding a Charter City to the qualified voters of Carlsbad.
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18 3. That the City Council, pursuant to its right and authority, does order submitted to
19 the voters at the Special Municipal Election the following question:
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4. That the text of the proposed measure shall be submitted to the voters and is
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attached as Exhibit A.
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5. That the ballots to be used at the election shall be in the form and content as
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required by law.
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Shall the proposed City Charter of the
City of Carlsbad be adopted?
YES
NO
1 6. That the City Clerk is authorized, instructed and directed to procure and furnish
2 any and all official ballots, notices printed matter, and all supplies and equipment that may be
3 necessary in order to properly and lawfully conduct the election.
4 7. That the polls for the election shall be open at seven o'clock a.m. of the day of
5 the election and shall remain open continuously from that time until eight o'clock p.m. of the
6 same day when the polls shall be closed, except as provided in Section 14401 of the Elections
7 Code of the State of California.
8 8. That in all particulars not recited in this resolution, the election shall be held and
9 conducted as provided by law for holding municipal elections.
10 9. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of this election, in
12 the time, form and manner as required by law.
10. That the City Clerk shall certify to the passage and adoption of this Resolution;
and shall enter the same in the file of Original Resolutions.
11. That the City Council appropriates $45,000 from the City Council contingency
account for planned communication actions to educate citizens regarding the ballot measure.
l' 12. That the City Council authorizes the Finance Director to transfer the funds to the
1R10 Carlsbad Communications Department.
19 BE IT FURTHER RESOLVED that the City Clerk of the City of Carlsbad is hereby
20 directed to deliver copies of this Resolution to the Clerk of the Board of Supervisors of the
21 County of San Diego and to the Registrar of Voters of the County of San Diego.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CLAUDE A LEWI'S^, M§yor
ATTEST:
(SEAL)
CHARTER OF THE CITY OF CARLSBAD
PREAMBLE
We the people of the City of Carlsbad, declare our intent to maintain in our community the
historic principles of self-governance inherent in the doctrine of home-rule. We the people of
Carlsbad, are sincerely committed to the belief that local government has the closest affinity to
the people governed and firmly convinced that the economic and fiscal independence of our local
government will better serve and promote the health, safety and welfare of all the citizens of
Carlsbad. Based on these principles, we do hereby exercise the express right granted by the
Constitution of the State of California and do ordain and establish this Charter for the City of
Carlsbad.
CHARTER
ARTICLE 1. MUNICIPAL AFFAIRS.
Section 100. Powers of City. The City shall have full power and authority to adopt, make,
exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject
only to the limitations and restrictions as may be provided in this Charter, in the Constitution of
the State of California, and in the laws of the United States.
Section 101. Municipal Affairs; Generally. Each of the matters set forth in this Charter are
declared to be municipal affairs, consistent with the laws of the State of California. The
implementation of each matter uniquely benefits the citizens of the City of Carlsbad and
addresses peculiarly local concerns within the City of Carlsbad. The municipal affairs set forth in
this Charter are not intended to be an exclusive list of municipal affairs over which the City
Council may govern.
Section 102. Incorporation and Succession. The City of Carlsbad shall continue to be a
municipal corporation known as the City of Carlsbad. The boundaries of the City of Carlsbad
shall continue as now established until changed in the manner authorized by law. The City of
Carlsbad 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 affect. The City of Carlsbad shall be
subject to all debts, obligations and liabilities of the City of Carlsbad at the time this Charter takes
effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, enforced 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 lawful action.
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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 shall establish the
policy of the City; the City Manager shall carry out that policy.
ARTICLE 3. LOCAL LIMITS OF GROWTH CONTROL
Section 300. Local Limits of Growth Control. The citizens of Carlsbad recognize and declare
that managing and limiting growth and ensuring that necessary public facilities are provided to
the citizens of the City of Carlsbad are quintessential elements of local control and therefore are
municipal affairs. The adoption of this Charter recognizes and reaffirms the principles of the
growth management program established by the citizens as Proposition E in 1986 and affirms the
principle that this program, that implements a municipal affair shall be superior to and take
precedence over any conflicting general laws of the State of California. The intent of this Charter
is to allow the City Council and the voters to exercise the maximum degree of control over land
use matters within the City of Carlsbad.
ARTICLE 4. REVENUE, SAVINGS AND GENERATION.
Section 400. Economic and Community Development. Subject to the expenditure limitation
established by the citizens of Carlsbad Proposition H in 1982, the City shall have the power to
utilize revenues from the general fund to encourage, support and promote economic and
community development in the City.
Section 401. Public Financing. The City Council shall have the power to establish standards,
procedures, rules and regulations relating to financing of public improvements and services.
Section 402. Utility Franchises. The City Council shall have the power to provide for the
acquisition, development or operation by the City of any public utility and/or to grant any
franchise, license or permit to any public utility which proposes to use or is using City streets,
highways or other rights-of-way.
Section 403. Enterprises. The City shall have the power to engage in any enterprise
determined necessary to produce revenues for the general fund or any other fund established by
the City Council that promotes a public purpose.
Section 404. Contracts. The City Council shall have the power to establish standards,
procedures, rules or regulations relating to all aspects of the award and performance of contracts,
including contracts for the construction of public improvements, including, but not limited to,
compensation paid for performance of such work.
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ARTICLES. REVENUE RETENTION.
Section 500. Reductions Prohibited. All revenues due to, and raised by the City, shall remain
within the City of Carlsbad for appropriation solely by the City Council. No such revene shall be
subject to subtraction, retention, attachment, withdrawal or any other form of involuntary
reduction by any other level of government.
Section 501. Mandates Limited. No person, whether elected or appointed, acting on behalf of
the City, shall be required to implement or give effect to, 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 such other level of government.
ARTICLE 6. GENERAL LAWS.
Section 600. 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 7. INTERPRETATION.
Section 700. 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 powers to govern with respect to any matter
which is a municipal affair.
Section 701. Severability. If any provision of this Charter should be held by a final judgment
of a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this Charter shall remain enforceable to the fullest extent permitted by law.
ARTICLE 8. AMENDMENT
Section 800. 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.
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