HomeMy WebLinkAbout2011-04-05; City Council; CS-137; CITY AS SUCCESSOR AGENCY TO REDEVELOPMENT...5
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WHEREAS, the preamble to the Charter of the City of Carlsbad sets
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forth the intent of the citizens in adopting a charter as follows:
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ORDINANCE NO. CS-137
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA ESTABLISHING THE
CITY OF CARLSBAD AS THE SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY AND
OVERRULING STATE LAW WHICH WOULD INTERFERE
WITH THOSE MUNICIPAL AFFAIRS
WHEREAS, at the election of June 3, 2008, the citizens of Carlsbad
"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
-16 citizens of Carlsbad. Based on these principles, we do hereby
exercise the express right granted by the Constitution of the State of
17 California and do ordain and establish this Charter for the City of
Carlsbad."
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WHEREAS, section 100 of the Charter specifies the powers of the City1 y
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
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United States; and
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WHEREAS, section 400 of the Charter provides that subject to the
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expenditure limitations established by the citizens of Carlsbad 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; and
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2 City Council to establish standards, procedures, rules and regulations regarding all
3 aspects of the award and performance of contracts; and
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WHEREAS, section 500 prohibits the reductions in revenue due to or
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raised by the City and requires that it will remain within the boundaries of the City of6
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WHEREAS, section 600 provides that in the event of any conflict
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between the provisions of this Charter and the provisions of the general laws of the
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State of California, the provisions of this Charter shall control; and
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WHEREAS, the City Council has exercised its sovereign powers and14
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WHEREAS, section 404 of the Charter provides plenary power to the
Carlsbad for appropriation solely by the City Council. That section further provides
that no such revenue shall be subject to subtraction, retention attachment, withdrawal
or any other form of involuntary reduction by any other level of government; and
immunities in the course and control of municipal affairs since the adoption of the City
Charter in the following ways:
1. Adopted an ordinance reinstituting the majority of the quorum (CS-001)
18 2. Adopted a prevailing wage ordinance (CS-047).
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3. Adopted design build law ordinance (CS-046).
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4. Amended the purchasing ordinance to streamline contracting and
purchasing (CS-002).
5. Adopted an ordinance setting forth qualifications to run for City Treasurer
and City Clerk CS-080 and 042).
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7. Amended the municipal code to eliminate General Plan conformance
findings by the Planning Commission (CS-071).
3 WHEREAS, the Redevelopment Agency of the City of Carlsbad has,
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by contract, transferred its assets, including its real properties, to the City of Carlsbad
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for the performance of redevelopment and housing activities and the furtherance of6
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Carlsbad including Assembly Bill 101 and Senate Bill 77; and
11 WHEREAS, certain provisions of these bills violate the State of
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California and United States Constitutions including California Constitution Article 11,
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section 5 which provides that a charter city may make and enforce all ordinances14
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its municipal affairs as determined by the City Council; and
WHEREAS, there are pending before the California Legislature several
bills which would make major intrusions into the municipal affairs of the City of
and regulations in respect to municipal affairs and that the powers granted under this
provision shall supersede all inconsistent general laws with respect to municipal
affairs; and
18 WHEREAS, these bills pending before the California Legislature would
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interfere with municipal affairs of the City of Carlsbad in that they would purport to
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void existing contracts, place other levels of government or entities in charge of
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municipal affairs, would require the disposition of local assets, including real
properties, intended for use in carrying out municipal affairs and reduce or eliminate
revenue needed for the carrying out of municipal affairs including the housing and
25 redevelopment functions for the betterment of the citizens of Carlsbad.
26 WHEREAS, this urgency Ordinance is adopted pursuant to
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Government Code section 36937 and CS-009 by a majority vote of the City Council.
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CIS HJIIUWS.
SECTION I: That the above recitations are true and
as follows:
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correct.
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SECTION II: The City of Carlsbad is hereby named as6
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
the successor agency to the former Redevelopment Agency of the City of Carlsbad.
SECTION III: Title 23 of the Carlsbad Municipal Code is enacted to
read as follows:
Chapter 23.01 - City Council Redevelopment Authority
A. Proposed state laws in the form of AB 101 or SB 77 or any
substantially similar legislation purporting to interfere with the
municipal affairs of the City of Carlsbad including any which void
local contracts for the performance of municipal affairs for health
and safety, redevelopment, and housing purposes shall not operate
and are ineffective within the municipal boundaries of the City of
Carlsbad.
B. The City Council of the City of Carlsbad shall use the assets,
properties, leases, contracts, and other resources of the former
redevelopment agency for the health and safety, housing and other
18 necessary and appropriate policies and programs, as determined
by the City Council to increase standards and qualities of the public
19 good for the citizens of Carlsbad and to assist in carrying out the
municipal affairs of the City of the Carlsbad without interference or
20 intrusion of the State.
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DECLARATION OF EMERGENCY: This ordinance is hereby declared
to be an emergency ordinance adopted as an urgency measure for the preservation
of the public peace, health, safety and welfare and shall take effect immediately upon
its adoption. The facts constituting the emergency are set forth above and represent
a current and immediate threat to the public peace, health, safety and welfare.
EFFECTIVE DATE: This urgency ordinance shall be effective
immediately upon the adoption of Assembly Bill 101, Senate Bill 77 or similar
legislation that interferes with the municipal affairs of the City of Carlsbad and shall
be of no further force after the adoption of ordinance number CS-138.
INTRODUCED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council on the 5th day of April 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
|/l. WOOD, City Clerk