HomeMy WebLinkAbout2011-04-05; City Council; 20508; ADOPTING URGENCY ORDINANCECITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
20.508
4/5/11
CA
INTRODUCE AND ADOPT URGENCY
ORDINANCE A/O.CS-1^ESTABLISHING
THE CITY OF CARLSBAD AS THE
SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY
AND OVERRULING STATE LAW
INTERFERING WITH CARLSBAD
MUNICIPAL AFFAIRS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce and adopt urgency Ordinance No. cs-137 by a majority vote of the City
Council, pursuant to Government Code section 36937 and CS-009 enacting Carlsbad Municipal
Code, Title 23, establishing the City as the successor agency to the former Redevelopment
Agency of the City of Carlsbad and overruling state law interfering with the municipal affairs of
the City of Carlsbad.
Introduce Ordinance No. cs-138 enacting Carlsbad Municipal Code, Title 23,
establishing the City as the successor agency to the former Redevelopment Agency of the City
of Carlsbad and overruling state law interfering with the municipal affairs of the City of Carlsbad.
ITEM EXPLANATION:
There are two bills pending before the California Legislature that would dissolve redevelopment
agencies throughout the State of California. Carlsbad has a Redevelopment Agency which has
been in place since approximately 1981. Under the proposed laws, redevelopment agencies
would be dissolved and their assets, properties, contracts, leases, records, buildings and
equipment would be transferred to a successor agency. The successor agency would be
overseen by a seven-member oversight committee of which only one member would be
appointed by the Mayor of Carlsbad. The oversight board would then direct the successor
agency to, in essence, wind up and dissolve the Redevelopment Agency and dispose of its
assets and properties.
The proposed legislation would substantially interfere with the municipal affairs of the City of
Carlsbad in that it would declare all contracts, agreements or arrangements entered into
between the City and the Redevelopment Agency void, regardless of when they were executed.
The assets, including real properties and leases, transferred from the Redevelopment Agency to
the City on March 8, 2011 by the City Council Resolution No. 2011-021 would not be within
control of the City Council, but instead effectively controlled by an oversight board in which the
City would be only a minority member. In addition, the assets transferred by the
Redevelopment Agency to the City of Carlsbad would be seized and sold to help pay the debts
of the State of California.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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Local Government Attorneys as well as the California Redevelopment Association, and the
League of California Cities believe that the law itself is unconstitutional in many respects. It
violates the contracts clause of the United States Constitution (Article I, section 10) and several
clauses of the California State Constitution, Article XVI, section 16 and Article XIII, section 24.
Therefore, it is recommended that the City Council adopt this proposed urgency Ordinance for
the immediate preservation of the public peace, health or safety by prohibiting the State's
intrusion into municipal affairs.
FISCAL IMPACT:
It is likely that if the proposed bills are adopted and enacted into law there will be numerous
legal challenges. The California Redevelopment Association, the League of California Cities
and local cities and counties throughout California are likely to initiate litigation against the State
for violations of the United States and California State Constitutions as described above. It is
premature to speculate on the magnitude of the potential litigation costs at this time. If the legal
challenges are overruled and the bills take effect, the City would lose control of, and the benefit
from, assets valued at approximately $15 million.
ENVIRONMENTAL IMPACT:
The introduction and adoption of this ordinance does not constitute "project" within the meaning
of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378
as it does not result in a direct or reasonable foreseeable indirect physical change in the
environment.
EXHIBITS:
1. Urgency Ordinance No. cs-137
2. Ordinance No. cs-138
1 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
4 THE FORMER REDEVELOPMENT AGENCY AND
OVERRULING STATE LAW WHICH WOULD INTERFERE
2
3
5
6
7 declared their independence from state laws interfering with the conduct of their
8 municipal affairs; and
9
WHEREAS, the preamble to the Charter of the City of Carlsbad sets10
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(• ;^
WITH THOSE MUNICIPAL AFFAIRS
WHEREAS, at the election of June 3, 2008, the citizens of Carlsbad
forth the intent of the citizens in adopting a charter as follows:
"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
16
17 M
Carlsbad."
18
WHEREAS, section 100 of the Charter specifies the powers of the Cityi 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
23
22
United States; and
24 '
WHEREAS, section 400 of the Charter provides that subject to the
25
expenditure limitations established by the citizens of Carlsbad in 1982, the City shall
26
have the power to utilize revenues from the General Fund to encourage, support and
promote economic and community development in the City; and
1
City Council to establish standards, procedures, rules and regulations regarding all
3
2
aspects of the award and performance of contracts; and
4
WHEREAS, section 500 prohibits the reductions in revenue due to or
5
raised by the City and requires that it will remain within the boundaries of the City of6
7
8
9
10
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12
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15
16
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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
WHEREAS, section 600 provides that 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; and
WHEREAS, the City Council has exercised its sovereign powers 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
17
2. Adopted a prevailing wage ordinance (CS-047).
19
3. Adopted design build law ordinance (CS-046).
20
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).
25
(CS-023).
6. Adopted an ordinance setting eligibility requirements for holding office
26
1
findings by the Planning Commission (CS-071).
3
III U
WHEREAS, the Redevelopment Agency of the City of Carlsbad has,
4
by contract, transferred its assets, including its real properties, to the City of Carlsbad
5
for the performance of redevelopment and housing activities and the furtherance of6
7
8
9
Carlsbad including Assembly Bill 101 and Senate Bill 77; and
11
WHEREAS, certain provisions of these bills violate the State of
12
California and United States Constitutions including California Constitution Article 11,
13
section 5 which provides that a charter city may make and enforce all ordinances14
15
16
17
22
23
24
7. Amended the municipal code to eliminate General Plan conformance
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
19
interfere with municipal affairs of the City of Carlsbad in that they would purport to
20
void existing contracts, place other levels of government or entities in charge of
21
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
redevelopment functions for the betterment of the citizens of Carlsbad.
26
25 ieueveiu|jiiie
WHEREAS, this urgency Ordinance is adopted pursuant to
27
Government Code section 36937 and CS-009 by a majority vote of the City Council.
28
1
2
3 SECTION I: That the above recitations are true and
4
correct.
5
SECTION II: The City of Carlsbad is hereby named as6
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8
9
10
11
12
13
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16
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18
19
20
21
22 I"
23
24
25
26 ///
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
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
necessary and appropriate policies and programs, as determined
by the City Council to increase standards and qualities of the public
good for the citizens of Carlsbad and to assist in carrying out the
municipal affairs of the City of the Carlsbad without interference or
intrusion of the State.
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4
5
6
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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:
. WOOD, City Clerk
-S. ••TltXZi-- -OK,*X
ORDINANCE NO. CS-138
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING THE CITY OF
3 CARLSBAD AS THE SUCCESSOR AGENCY TO THE
4 FORMER REDEVELOPMENT AGENCY AND OVERRULING
STATE LAW WHICH WOULD INTERFERE WITH THOSE
5
6
7 declared their independence from state laws interfering with the conduct of their
8 municipal affairs; and
9
WHEREAS, the preamble to the Charter of the City of Carlsbad sets10
„ „ forth the intent of the citizens in adopting a charter as follows:11
12
13
14
19
20
21
22
26
27
28
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
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
16
17 n
Carlsbad."
18
WHEREAS, section 100 of the Charter specifies the powers of the City
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
23 United States; and
24
WHEREAS, section 400 of the Charter provides that subject to the
25
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
"x.
1
City Council to establish standards, procedures, rules and regulations regarding all
3
2
aspects of the award and performance of contracts; and
4
WHEREAS, section 500 prohibits the reductions in revenue due to or
5
raised by the City and requires that it will remain within the boundaries of the City of
6
7
8
9
10 WHEREAS, section 600 provides that in the event of any conflict
11 between the provisions of this Charter and the provisions of the general laws of the
12
State of California, the provisions of this Charter shall control; and
13
WHEREAS, the City Council has exercised its sovereign powers and14
15
16
17
21
22
23
24
27
28
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).
19
3. Adopted design build law ordinance (CS-046).
20
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).
25
(CS-023).
6. Adopted an ordinance setting eligibility requirements for holding office
26
1
findings by the Planning Commission (CS-071).
3
in u
WHEREAS, the Redevelopment Agency of the City of Carlsbad has,
4
by contract, transferred its assets, including its real properties, to the City of Carlsbad
5
for the performance redevelopment and housing activities and the furtherance of its6
7
8
9
10 section 5 which provides that a charter city may make and enforce all ordinance and
11
regulations in respect to municipal affairs and that the powers granted under this
12
provision shall supersede all inconsistent general laws with respect to municipal
13
affairs; and14
15
16
22
23
24
7. Amended the municipal code to eliminate General Plan conformance
municipal affairs as determined by the City Council; and
WHEREAS, certain provisions of these bills violate the State of
California and United States Constitutions including California Constitution Article 11,
WHEREAS, there are pending before the California Legislature several
bills which would make major intrusions into the municipal affairs of the City of
Carlsbad including Assembly Bill 101 and Senate Bill 77; and
18
v_»ai loucjvj ii ivsi
WHEREAS, these proposed laws would interfere with municipal affairs
19
of the City of Carlsbad in that they would purport to void existing contracts, place
20
other levels of government or entities in charge of 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 redevelopment functions for the
25 betterment of the citizens of Carlsbad.
26 ///
27
28
1
2
3 SECTION I: That the above recitations are true and correct.
4
SECTION II: The City of Carlsbad is hereby named as the successor
5
agency to the former Redevelopment Agency of the City of Carlsbad.6
7
8
9
10 A. Proposed state laws in the form of AB 101 or SB 77 or any
11
12
13
Carlsbad.14
15
16
17
18
19
20
III21
22
23
24
25
26
27
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
SECTION III: Title 23 of the Carlsbad Municipal Code is enacted to
ead as follows:
///
Chapter 23.01 - City Council Redevelopment Authority
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
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
necessary and appropriate, policies and programs, as determined
by the City Council to increase standards and qualities of the public
good for the citizens of Carlsbad and to assist in carrying out the
municipal affairs of the City of the Carlsbad without interference or
intrusion of the State.
1
its adoption; and the City Clerk shall certify the adoption of this ordinance and cause
3
2
it to be published at least once in a newspaper of general circulation in the City of
4
Carlsbad within fifteen days after its adoption.
5
OPERATIVE DATE: This Title shall become operative only in the
event of the adoption of Assembly Bill 101, Senate Bill 77 or similar legislation that
8
g
10 Carlsbad City Council on the 5OT day of April 2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of
12
the City of Carlsbad on the day of , 2011, by the following
13
vote, to wit:
EFFECTIVE DATE: This ordinance shall be effective thirty days after
interferes with the municipal affairs of the City of Carlsbad.
INTRODUCED AND FIRST READ at a regular meeting of the
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
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(Seal)
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MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk