Loading...
HomeMy WebLinkAbout2011-04-26; City Council; 20528; CARLSBAD SUCCESSOR TO FORMER REDEVELOPMENT AGENCY/c& CA/£>0* t^@ ) CITY OF CARLSBAD - AGENDA BILL ^H^ AB# 20,528 MTG. 4/26/11 DEPT. CLERK ESTABLISHMENT OF THE CITY OF CARLSBAD AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY DEPT. HEAD CITY ATTY. CITY MGR. 20 //¥jy^'.J- RECOMMENDED ACTION: Adopt Ordinance No. CS-138. enacting Title 23 of the Carlsbad Municipal Code to establish 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: Ordinance No. CS-138 was introduced and first read at the City Council meeting held on April 5, 2011. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. (Note: This Title shall become operative only in the event of the adoption of Assembly Bill 101, Senate Bill 77, or similar legislation that interferes with the municipal affairs of the City of Carlsbad.) FISCAL IMPACT: See AB #20,508 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-138. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 5 6 7 declared their independence from state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 sets 10 forth the intent of the citizens in adopting a charter as follows: 12 13 14 20 21 27 28 ORDINANCE NO. CS-138 AN 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 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 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 22 United States; and in this Charter, in the Constitution of the State of California and in the laws of the 23 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 2 City Council to establish standards, procedures, rules and regulations regarding all 3 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 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 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 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 Mill 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 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 \jai ioucj>_i it iv^i 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 CIS IUIIUWS. 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 A. Proposed state laws in the form of AB 101 or SB 77 or any 11 12 13 Carlsbad. 15 16 17 18 19 20 III 21 22 "I 23 24 25 /// 26 /// 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 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 2 its adoption; and the City Clerk shall certify the adoption of this ordinance and cause 3 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 the6 /// III 7 8 9 10 11 12 13 14 15 16 17 18 /// 19 III 20 III 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after event of the adoption of Assembly Bill 101, Senate Bill 77 or similar legislation that interferes with the municipal affairs of the City of Carlsbad. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 5th day of April, 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of April, 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 9 ABSTAIN: None. 10 APPROVED AS TO FORM AND LEGALITY 12 RONACtfR. BALL, City Attorney 14 <* 2/7 •/< 15 16 MATT HALL, Mayor 17 18 ATTEST: 19 20 :AINE M. WOOD, City Clerk (SEAL) 22 23 24 25 26 27 28