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HomeMy WebLinkAboutReso 2006-059 RESOLUTION NO. 2006-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED CHARTER AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 2006 WHEREAS, residents of the City of Chula Vista have submitted a petition calling for a Charter proposal to be submitted to the electorate; and WHEREAS, the City Council, on behalf of the residents, wishes to place the proposed Charter proposal on the ballot at the June 6, 2006 general municipal election; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act ("CEQA") and has determined that the project is not a "project" as defined under section 15378 of the State CEQA guidelines; therefor, pursuant to section 15060 (c}(3) of the State CEQA guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the placement of the citizens' Charter proposal entitled "An Initiative of the People of the City ofChula Vista Limiting the Use of Eminent Domain Powers by the City of Chula Vista," a copy of which is attached hereto and made a part hereof, on the ballot for the general municipal election to be held on June 6, 2006. Approved as to form by ~'f~~'('~\ Ann Moore City Attorney Resolution No. 2006-059 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 21st day of February 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: -c-fu~~ Susan Bigelow, MMC, City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2006-059 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of February 2006. Executed this 21st day of February 2006. - --::u.tLL q ~ ~ Susan Bigelow, MMC, City Cl J Resolution No. 2006-059 Page 3 Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Title: An Initiative of the People of the City of Chula Vista Limiting the Use of Eminent Domain Powers by City of Chula Vista This initiative proposes to limit the ability of the Chula Vista City Council to utilize the tool of eminent domain to take private property to address economic blighting conditions. It will amend the Charter of the City to add Section 305.5 and 305.6 regarding prohibited acts. This measure would prohibit the City Council from taking any action or supporting any action of any other agency seeking to condemn private prop,erty for private redevelopment purposes. This will prohibit the City from utilizing eminent domain process to make property available for private development. This measure will require the City to submit to the voters at a general municipal election any matter where the City desires to utilize eminent domain on private property except for public improvement projects. The City will be able to use the eminent domain process for public improvement projects provided the City holds or uses the property taken for public purposes for' a period of ten years prior to sale, lease, transfer or other disposition of the property. This initiative will require that any amendments to its provisions may only be made by a vote of the people at a City election. The above is a summary of the terms of the proposed initiative by the City Attorney as required by Elections Code Section 9203; it does not reflect any legal analysis or opinion of the City Attorney concerning the proposed measure. Resolution No. 2006-059 Page 4 PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTE? OF THE CITY OF CHULA VISTA To the city council of the City ofChula Vista: We the undersigned, registered and qualified voters of the State of California, residents of the City of Chula Vista, pursuant to Bection 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council of the city this petition and request that the following proposed amendment to the charter Qfthe city be subrnitted to the registered and qualified voters of the city for their adoption or : ejection at an election on a date to be determined by the city council. The proposed charter amendment reads as follows: PRIVATE PROPERTY PROTECTION ACT Section 1. Purpose and Findin!!:s - No TalOn!!: of Private Pronerty for Private Re- Develonment A. This charter amendment is intended to protect the rights of owners of property within the City ofChula Vista. . B. The United States Supreme Court has ruled that cities and redevelopment agencies may take private property solely for the purpOSt; of redeveloping the property by transferring through sale, lease or other means to the control or management of private persons for private use and profit. C. The citizens of Chula Vista recognize that the State legislature regulates powers of redevelopment agencies to condemn land for the purpose of economic redevelopment, but the citizens have the ability to stop their City Council from taking such action and from supporting the action of any' other agency seeking to condemn of private property for private redevelopment and profit. D. The citizens of Chula Vista hereby 'exercise their rights to restrict their City, acting through its City Council, from carrying out, contributing to or facilitating the taking of private property from the citizens of Chula Vista for the purpose of turning that property over to the control, use, exploitation or management by a corporation or other business entity for private use or profit, or redevelopment without a vote of the citizens of the City ofChula Vista. Section 2. Amendment of the Charter Section 305.5 and 305.6 are hereby added to the Charter of the City ofChula Vista to read as follows: . --~-- Resolution No. 2006-059 Page 5 305.5 Limitations on Powers of EmineJ1t Domain . Eminent domain is not to be used to further private economic development. The City of Chula Vista shall not initiate or participate in aJiy proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. "Participation" means contributing, lending, providing, pledging, or foregoing, any fimds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing any other thing of value to any agency, orgapization, or project. Notwithstanding these prohibitions, the City of Chula Vista may participate in proceedings to cond= private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the City. Section 305.6 Minimum Public Use Period Property aCquired by the City of Chula Vista through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum ten year period prior to sale, lease, transfer or other disposition by the City. Section 3. Imnlementation A. Upon effective date of this initiative, the provisions of this initiative shall be inserted .into the Charter as an amendment thereof. Any provisions of City law inconsistent with the amendment inserted shall be unenforceable to the extent of the inconsistency. B. This initiative shall not affect condemnation actions initiated by adoption of a resolution of necessity prior to the date this initi.Ltive was submitted to the City for circulation. C. In the event that the City CoUncil desires to conde= private property for other than traditional public improvements, and desires to cond= private property for economic development, then the City Council shall set the matter for public vote. D. The City Council shall set any election required by Section C at the next available general municipal election. E. TIlls amendment is in no way intended to restrict the City's ability to freely negotiate real property transactions with any paley Section 4. Construction. Nothing in this initiative shall be construed to require more than a simple maj ority vote for the adoption of this initiative or for the approval of any future measure required by this initiative. . Resolution No. 2006-059 Page 6 Section S. Severability. laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagrapns, sections and portions are to remain valid and enforceable. .. Section 6. Amendment or Repeal. 0 This initiative may be amended or repealed only by the voters at a City election. Section 7. Effective Date. Pursuant to the State of California Municipal Elections Code section 9217, if a majority of the voters voting on a proposed ordinanc.e vo~e in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date. .,.- .-