HomeMy WebLinkAbout2006-10-17; City Council; Resolution 2006-3061 RESOLUTION NO. 2006-306
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, OPPOSING PROPOSITION 90,
3 AN INITIATIVE CONSTITUTIONAL AMENDMENT
, RELATING TO GOVERNMENT ACQUISITION AND
REGULATION OF PRIVATE PROPERTY
WHEREAS, Proposition 90 purports to be a vehicle for eminent domain reform,
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WHEREAS, Carlsbad voters will find Proposition 90, an initiative Constitutional
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Amendment relating to government acquisition and regulation of private property, on the8
November 7, 2006 statewide ballot;
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placing limits on local government's and public agencies' authority to condemn
12 properties and setting higher compensation standards for property owners;
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14 WHEREAS, Proposition 90 contains an ominous but easily overlooked takings
provision that effectively usurps local governments' ability to legislate and levies a high
financial penalty by allowing property or business owners to file claims against public
agencies for any diminished or lost value due to laws or regulations enacted by the
18 ...public agency;
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20 WHEREAS, Proposition 90 is tantamount to stripping State and Local
21 Government control of important policies regarding environmental protections, land
22 use, consumer protections, housing, and other vital protections for City residents;
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24 WHEREAS, Proposition 90 may result in countless number of frivolous lawsuits,
25 additional bureaucracy, and jeopardize essential City services that may lose already
reduced funding due to potential City pay-outs to property owners and businesses;
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1 WHEREAS, Proposition 90 will undermine the authority of the local community
2 and local voters; and
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4 WHEREAS, notwithstanding the prohibition of expenditures of public monies in
5 ballot measure campaigns, local legislative bodies may go on record at a public meeting
6 expressing an opinion on a ballot measure;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
10 1 • That the above recitations are true and correct.
2. Take a position of OPPOSE on Proposition 90 on the November 7, 2006
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 17th day of October, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)