Loading...
HomeMy WebLinkAbout1986-07-15; City Council; 8703; Initiative Petition Building limitationCITVOF CARLSBAD - AGENDi^ILL 00 o 03 0) iscfl 00 (3n) oo oa 13CD O13 cd ou 00 I LT| zo I ARtt P 703 MTG 7-15-86 TITLE: INITIATIVE PETITION - BUILDING LIMITATION OPPT. HD. CITY ATTY\? Ffi CITY MGR._3^ RECOMMENDED ACTION: Select one of the alternatives explained below, and act on the documents corresponding with an alternative. ITEM EXPLANATION An initiative petition has been processed in accordance with the requirements of the California Elections Code. The signatures on that petition have been examined per section 3708 of the Elections Code, and the petition has been certified as to sufficiency. Options now available to Council with regard to that petition are as follows: 1 . Introduce the ordinance, without change, as submitted. Section 4-010 of the Elections Code provides that Council may introduce the ordinance without alteration at the meeting at which it is presented, and adopt the ordinance within ten days after it is presented. If Council desires to select this option, their action would be to introduce Ordinance No. f£ '/ / , which is attached to this agenda bill. 2. Place the ordinance on the ballot of the General Municipal Election of November 4-, 1986. Section 4-010 of the Elections Code also provides that Council may immediately order a special election, at which the ordinance, without alteration, shall be submitted to a vote. If Council selects this alternative, the first action would be to adopt Resolution No. ffttfl jT" , amending Resolution No. 8670, calling and giving notice of the holding of the municipal election to include the submission of the ordinance to the qualified electors of the City. Additional items which Council needs to consider if they adopt this alternative are the filing of arguments, and preparation of an impartial analysis. A. Filing of Arguments. Section 4-015 of the Elections Code provides that the persons filing an initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. Neither argument shall exceed 300 words in length. If Council desires to designate a few, or all of their members, to prepare and submit an argument against the ordinance, it would be necessary to adopt Resolution No. >> attached. Additionally, the deadline for submittal of arguments to the City Clerk's Office has been established as August 25, 1986. PAGE 2 OF AB The Elections Code also provides that if the legislative body submits an argument against the ordinance, then the persons filing the initiative may prepare and submit a rebuttal argument. Similarly, the legislative body may prepare and submit a rebuttal to the argument in favor. Rebuttal arguments are limited to 250 words in length, and the deadline for their receipt in the City Clerk's Office has been established as September 4-, 1986. The Elections Code also provides that arguments may be submitted from anyone. However, only one argument in favor, and one argument against will be printed in the sample ballot. To resolve the selection process, the Elections Code also directs the City Clerk to give preference and priority to arguments as follows: A. Legislative body, or member or members of the legislative body authorized by that body. B. The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. C. Bona fide associations of citizens. D. Individual voters who are eligible to vote on the measure. Therefore, if more than one argument is submitted, the above would be used by the City Clerk to determine which arguments are actually printed in the sample ballot. B. Impartial Analysis. The Elections Code provides that whenever any City measure qualifies for a place on the ballot, the governing body may direct the City Clerk to transmit a copy of the measure to the City Attorney for preparation of an impartial analysis. That analysis is to show the affect of the measure on the existing law and the operation of the measure. The analysis shall not exceed 500 words in length. If Council desires the City Attorney to prepare an impartial analysis on the matter, they should adopt Resolution No. f&> ? *7 attached. The deadline for the submission of the impartial analysis in the City Clerk's Office is August 25, 1986. Section 4011 of the Elections Code provides that if the petition is signed by not less than 10% of the voters, and action is not taken to adopt the ordinance or put it on the ballot, then it shall be submitted to the voters at the next regular municipal election. In this case, that election is November 4, 1986. PAGE 3 OF AB 9 EXHIBITS 1. Resolution No. ft»1 ^ , amending Resolution No. 8670 to include the submittal of the ordinance to the voters. 2. Resolution No. (P&>9 6 > which would allow Council to designate a few, or all of their members, to prepare and submit an argument against the proposition. 3. Resolution No. **> , directing the City Attorney to prepare an impartial analysis of the proposition. Ordinance No. ^f// , amending Title 21, Chapter 21.64- of the Carlsbad Municipal Code. \ _ 1 2 RESOLUTION NO. 8696 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING AN K INITIATIVE ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION. WHEREAS, a General Municipal Election is to be held in the 7 City of Carlsbad, California, on November b, 1986, at which there Q will be submitted to the voters the following measure: 9 Shall an initiative ordinance be adopted adding Chapter 21.64- to the Carlsbad Municipal Code which •in would restrict the rate of construction of residential dwelling units in the City for ten •10 years commencing January 1, 1987. YES I I I I NO I I I 13 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does declare, determine and order as follows: Section 1. That the above recitations are true and correct. Section 2. That the City Council, authorizes 19 Mary Casler 20 Claude Lewis 21 Ann Kulchin 22 Richard Chick 23 24 members of that body, to file a written argument in opposition to 25 the proposition set forth in the recitals hereof in accordance 2Q with Article *, Chapter 3, Division 5 of the Elections Code of 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the Carlsbad City Council held on the 15th day of July , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY H-/CASLER, Mayor ATTEST: xALETHA L. RAUTENKRANZ, City Cljxk (SEAL) Q ffiCO - O iuO M O o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO.8695 -£-<"- n ^m jj j J.v* 1_ >- UJ2 S 8 § 16O £ ™ oj * £ i 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 8670 CALLING AND GIVING NOTICE OF THE HOLDING OF THE MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SUB- MISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION OF RESIDENTIAL DWELLING UNITS IN THE CITY OF CARLSBAD FOR A TEN YEAR PERIOD COMMENCING JANUARY 1, 1987. WHEREAS, the City Council adopted Resolution No. 8670 calling a Municipal Election to be held in said City on Tuesday, November, 4, 1986 in order to elect a mayor and two members of the City Council; and WHEREAS, an initiative petition was processed in accordance with California Elections Code; and WHEREAS, the signatures have been verified in accordance with Section 3708 of the California Elections Code; and WHEREAS, in accordance with Secton 4011 of the California Elections Code, the petition has been certified as sufficient in that it is signed by not less than ten percent of the voters of the City; and WHEREAS, the City Council of the City of Carlsbad has determined to submit the ordinance to the qualified voters of the City of Carlsbad at the Municipal Election being held on November 4, 1986, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does hereby declare, determine and order as follows: A. That the above recitations are true and correct. a 2 zuiQ 1 2 3 4 5 6 7 8 9 10 11 12 I 13 | 14 § 15 o I 16 tOs 17 18 19 20 21 22 23 24 25 26 27 28 o B. That Resolution No. 8670 is hereby amended to include the submission to the qualified voters of said City an ordinance hereinafter set forth restricting the rate of construction of dwelling units. C. The ordinance submitted to the voters shall be as follows: The People of the City of Carlsbad do ordain as follows: That Title 21 of the Carlsbad Municipal Code shall be amended by the addition of Chapter 21.64 to restrict the rate of construction of residential dwelling units in the City for ten years commencing January I, 1987. 1. The City of Carlsbad is experiencing intense residential development which is adversely affecting the capacity of schools to accommodate students, the capacity of city streets and local freeway systems to meet traffic needs, the semirural character of the community and the quality of life prevalent in Carlsbad. The people of Carlsbad are very much concened about the City's rapid growth. It is the intent of this chapter to obtain a lower rate of residential development; to permit effective advance planning and establishment of adequate municipal services such as schools, streets, parks, water, sewage, police and fire protection, and other customary services; to provide for a desirable amount of open space; to ensure availability of housing for a broad spectrum of population; and to prevent the deterioration of the quality of life prevalent in Carlsbad. In approving development priority shall be given to the construction of residential dwelling units which have the least adverse impact upon the public facilities and services as well as the quality of life prevalent in Carlsbad as described in this section. 2. Commencing January 1, 1987 and continuing through December 31, 1996, the City of Carlsbad shall not allow the start of construction of more than 1,000 residential dwelling units in 1987, 750 residential dwelling units in 1988, and 500 residential dwelling units each year thereafter through 1996. 3. The limitations of Section 21.64.020 shall not apply to: a) Projects replacing damaged or destroyed dwellings on a one-for-one basis; b) Remodeling or additions to existing dwellings which do not result in an increase in the number of dwelling units; and c) Dwelling units of any low income or senior citizen projects funded or subsidized pursuant to the provisions of applicable federal or state law. 2. 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 4. The City Council may adopt reasonable guidelines to implement this chapter following notice and public hearing. Notwithstanding anything in this Code to the contrary the allocation or issuance of building permits, the commencement of construction pursuant to such permits and any other matters necessary to the implementation of this chapter shall be governed by these guidelines. 5. This chapter may be amended or repealed only by a majority of the voters voting at an election thereon. 6. If any section, sentence, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. 7. a) This chapter shall expire and be of no further force and effect on January 1, 1997; and b) The City Council shall place a measure on the ballot of the November 1996 general municipal election asking the City's electors if this chapter shall be extended until December 31, 2000 with a restriction on the construction of dwelling units not to exceed 500 units per year. 8. This chapter represents the will of a majority of the voters of Carlsbad and the City Council shall take all steps necessary to vigorously defend any challenge to the validity or constitutionality of this chapter." D. That on the ballots to be used at said general election, in addition to any other matters reguired by law, and in addition to any other matters specified in Resolution No. 8670, there shall be printed substantially the following: Shall an initiative ordinance be adopted adding Chapter 21.64 to the Carlsbad Municipal Code which would restrict the rate of construction of residential dwelling units in the City for ten years commencing January 1, 1987. YES NO E. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross (+) 3. • \ 1 2 3 4 5 6 7 8 9 10 11 12 0 en •« ry U3 § J.O 9; < o> - O HI < -I flIssi 5^<? 15u:02,g 1_ > Ulz a o a isUJ Z o < -Lu O 5 ?! on5 2 2> 5 5 17> -o ° 18 19 20 21 22 23 24 25 26 27 28 ^ / jf placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the ordinance. F. The ordinance submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in Section 10219 of the Elections Code. G. That the City Clerk shall certify to the passage adoption of this resolution; shall enter the same in the book original resolutions of said City; and shall make a minute of passage and adoption thereof in the record of the proceedings , and of the of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of July , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None ABSENT: None n 1 L// // & ^/ LA_-«*Lxt^c-r c/ . *^-^&<_a-^^ MARY H. tfASLER, Mayor ATTEST: dAjU^ / /fLzz^ ALETHA L. RAUTENKRANZ , City CLe^k • 4. VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jb-~<*~± „_>__ <**W%||i ORDINANCE NO. 9811 AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.64 TO RESTRICT THE RATE OF CONSTRUCTION OF RESIDENTIAL DWELLING UNITS IN THE CITY FOR TEN YEARS COMMENCING JANUARY 1, 1987. The people of the City of Carlsbad, California do ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.64 which reads as follows : "Chapter 21.64 RESTRICTION OF RESIDENTIAL CONSTRUCTION Sections : 21.64.010 Purpose and intent 21.64.020 Construction of dwelling units - restriction 21.64.030 Exceptions 21.64.040 Guidelines 21.64.050 Amendment or repeal 21.64.060 Severability 21.64.070 Expiration - extension 21.64.080 Legal defense 21.64.010 Purpose and intent. The City of Carlsbad is experiencing intense residential development which is adversely affecting the capacity of schools to accommodate students, the capacity of city streets and local freeway systems to meet traffic needs, the semirural character of the community and the quality of life prevalent in Carlsbad. The people of Carlsbad are very much concened about the City's rapid growth. It is the intent of this chapter to obtain a lower rate of residential development; to permit effective advance planning and establishment of adequate municipal services such as schools, streets, parks, water, sewage, police and fire protection, and other customary services; to provide for a desirable amount of open space; to ensure availability of housing for a broad spectrum of population; and to prevent the deterioration of the quality of life prevalent in Carlsbad. In approving development priority shall be given to the construction of residential dwelling units which have the least adverse impact upon the public facilities and services as well as the quality of life prevalent in Carlsbad as described in this section. W Q <mCO Pis is LL • z£m z || < >-H UJ <IIli ui0 s§CM S " 3DCs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.64.020 Construction of dwelling units - restriction. Commencing January 1, 1987 and continuing through December 31, 1996, the City of Carlsbad shall not allow the start of construction of more than 1,000 residential dwelling units in 1987, 750 residential dwelling units in 1988, and 500 residential dwelling units each year thereafter through 1996. to: 21.64.030 Exceptions. The limitations of Section 21.64.020 shall not apply 1. Projects replacing damaged or destroyed dwellings on a one-for-one basis. 2. Remodeling or additions to existing dwellings which do not result in an increase in the number of dwelling units. 3. Dwelling units of any low income or senior citizen projects funded or subsidized pursuant to the provisions of applicable federal or state law. 21.64.040 Guidelines. The City Council may adopt reasonable guidelines to implement this chapter following notice and public hearing. Notwithstanding anything in this Code to the contrary the allocation or issuance of building permits, the commencement of construction pursuant to such permits and any other matters necessary to the implementation of this chapter shall be governed by these guidelines. 21.64.050 Amendment or repeal. This chapter may be amended or repealed only by a majority of the voters voting at an election thereon. 21.64.060 Severability. If any section, sentence, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. 21.64.070 Expiration - extension. a) This chapter shall expire and be of no further force and effect on January 1, 1997. b) The City Council shall place a measure on the ballot of the November 1996 general municipal election asking the City's electors if this chapter shall be extended until December 31, 2000 with a restriction on the construction of dwelling units not to exceed 500 units per year. O UJ < i" o 0Z o < O ^ CO B <zI s o 1 2 3 4 5 6 7 8 9 10 11 12 13 Q - z i 14 S H < t •} KCQ 7T 2 _l J-O 16 17 18 19 20 21 22 23 24 25 26 27 28 21.64.080 Legal defense. This chapter represents the will of a majority of the voters of Carlsbad and the City Council shall take all steps necessary to vigorously defend any challenge to the validity or constitutionality of this chapter." EFFECTIVE DATE: In accordance with Section 4013 of the Elections Code of the State of California, this ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten days after that date. APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR., City Attorney ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.8697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSITION PERTAINING TO AN INITIATIVE ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION. WHEREAS, a General Municipal Election Is to be held In the City of Carlsbad on November A-, 1986, at which there will be submitted to the qualified voters of said City, the following Proposition, to wit: Shall an ititiative ordinance be adopted adding Chapter 21.64- to the Carlsbad Municipal Code which would restrict the rate of construction of residential dwelling units in the City for ten years commencing Ganciary 1, ^ WHEREAS, the City Council \esiVes o hae an impartial analysis prepared showing the ef\ecV of \tke Proposition on existing law and the operation of VhV Proposition; NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED ty CouTTtH]AND ORDERED by the City follows: fil of th>e City of Carlsbad as SECTION 1. Pursua nt to the provisions of Section 5011 of the Elections Code of the State of California\ this City Council does direct the City Attorney to prepare an impartial analysis of the Proposition. SECTION 2. The impartial analysis shall i\ot exceed 500 words in length. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbabvon , 1986 at a Regular Meeting thereof by the\following vote, to wit: AYES: NOES: ABSTAIN: H. CASLERV Mayor" ATTEST: ALETHA L. "RAUTENKRANY,' 'City ' CieWk (SEAL) BALLOT WORDING KL. JHIN '* \ 1/f/tf, NO DEVELOPMENT SHALL Bel APPROVED BY THE CITY OP CARLSBAD UNLESS IT IS GUARANTEED THAT CONCURRENT WITH NEED ALL REQUIRED PUBLIC FACILITIES SHALL Bi PROVIDED WITH EMPHASIS ON ENSURING GOOD TRAFFIC CIRCULATION, SCHOOLS, PARKS, LIBRARIES, OPEN SPACE AND RECREATION AivlENTITIEo A3 SHOwN IN THE /MqU!/M<0 M 1986 GROWTH MANAGEMENT PLAIN. THE CITY OF CARLSBAD SHALL NOT INCREASE THE NUMBER OF RESIDENTIAL DWELLING UNITS BEYOND THAT PROVIDED BY THE 1986 GROWTH MANAGEMENT PLAN MAP WITHOUT AN AFFIRMATIVE VOTE OF THi CITIZEIiS. THE CITY SHALL BE AUTHORIZED TO ADD ADDITIONAL PUBLIC FACILITIES. THE CITY SHALL NOT BE ALLC'WED TO REDUCE PUBLIC FACILITIES 'WITHOUT A CORRESPONDING REDUCTION III RESIDENTIAL DWELLING UNITS. THIS IS AN ALTERNATIVE TO THE CITIZENS INITIATIVE. IT IT GETS MORE VOTES, IT WILL PREVAIL AND CITIZENS WILL NOT BE IMPLEMENTED. 0 ORIGINAL ^ 6 DEVELOPMENT COMPANY JAMES M. VAN DE WATER VICE PRESIDENT AND GENERAL MANAGER INDUSTRIA1/COMMERCIAL SOUTHWEST Mayor Mary Casler City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: City of Carlsbad Proposed Initiative / Dear Mayar July 8 1986 Let me start off by saying that we at Kaiser Development Company strongly support your efforts to place the 1986 Growth Management Plan before the City's voters in November. I have just received the proposed initiative language. I think it's great that the City of Carlsbad is developing an alternative initiative for the voters to consider. However (and correct me if I'm wrong), it is my understanding that the intent of the Growth Management Plan is to require that such Citywide Public Facilities be planned in advance and that each development contribute its share of fees so that the City can in fact construct those Citywide facilities at the appropriate time. For example, I don't believe it is intended that a particular project be required to actually construct a fire station which will serve a much larger area, but rather that it contribute its share of fees to the City so that the City can build the facility when needed. If the above is what you intended, may we suggest some alternative language to convey the strong growth controls and constraints of the 1986 Growth Management Plan: "NO DEVELOPMENT SHALL BE APPROVED BY THE CITY OF CARLSBAD UNLESS IT IS IN COMPLIANCE WITH THE 1986 GROWTH MANAGEMENT PLAN WHICH PROVIDES FOR ALL NECESSARY PUBLIC FACILITIES, WITH EMPHASIS ON GOOD TRAFFIC CIRCULATION, SCHOOLS, PARKS, LIBRARIES, OPEN SPACE AND RECREATION AMENITIES. "THE CITY OF CARLSBAD SHALL NOT INCREASE THE NUMBER OF RESIDENTIAL DWELLING UNITS BEYOND THAT PROVIDED BY THE 1986 GROWTH MANAGEMENT PLAN MAP WITHOUT CONSENT OF VOTERS." We hope you consider our revised language when drafting the City of Carlsbad proposed initiative. Sincerely, s M. Van de Water President & General Manager cc: City Council Members City Clerk A Wholly Owned Subsidiary of Kaiser Alumlum & Chemical Corporation 2121 PALOMAR AIRPORT ROAD, SUITE 201, P.O. BOX 308, CARLSBAD, CALIFORNIA 92008-0060 TELEPHONE: (619) 438-2636 RANCHO CALIFORNIA. CA/HAWAM KAI, HI/KAISER CENTER, OAKLAND. CA/INDUSTRIAL AND COMMERCIAL PROPERTIES-WESTERN STATES/KAISER ALUMINUM REAL ESTATE FACILITIES-WORLDWIDE