League of Women Voters of California
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Proposition S Land Use, Planning and Zoning City of San Marcos 9,409 / 65.72% Yes votes ...... 4,907 / 34.28% No votes
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| Information shown below: Official Information | Impartial Analysis | Arguments | | |||||
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Shall the CHARTER of the City of San Marcos be amended to add the following new Section 501 to existing Article V General Laws? "Section 501. Land Use, Planning & Zoning Matters. Notwithstanding its Charter city status, the City shall be governed by State law as it applies to general law cities with respect to the application, interpretation and enforcement of land use, planning and zoning matters, including, but not limited to, the requirement of consistency between the General Plan of the City and the terms of its zoning ordinances."
The City has adopted such a requirement by ordinance. On July 12, 1994, the City Council adopted Ordinance 94-966, Section 8 of which states that notwithstanding the City's charter city status, it shall be governed by State law with respect to the application, interpretation and enforcement of land use, planning and zoning matters, including, but not limited to, the requirement of consistency between the General Plan and the terms of its zoning ordinances. Ordinance 94-966 is currently in effect. Because the City is now subject to California law as it applies to general law cities with respect to land use, planning and zoning matters, including consistency between its General Plan and the terms of its zoning ordinances, the adoption of this measure would not change the regulatory scheme to which the City must adhere. However, subject to public notice and hearing, Ordinance 94-966 could be amended by a majority of the City Council. If the proposed measure is adopted by a majority of those registered and qualified voters participating in this election, the measure can only be amended or modified by the voters in a like manner. If approved, the Charter amendment would become effective 30 days after City Council adoption of an ordinance consistent with voter approval of the measure. If the proposed measure is not adopted by a majority of those registered and qualified voters participating in this election, the requirements of Ordinance 94-966 will still be in full force and effect.
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News and Analysis North County Times
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| Arguments For Proposition S | Arguments Against Proposition S | ||
| San Marcos voters overwhelmingly approved charter city status in 1994
to free the community from unreasonable state intrusions into its
affairs and keep local revenues at home. State law
pertaining to land use, planning and zoning matters does not apply to
charter cities unless they enact an ordinance and/ or charter
provision which expressly provide( s) that it shall. The city
charter does not focus on land use matters, and it was never meant to
permit or encourage the abandonment of sound land use and planning
principles in San Marcos. To reassure the
community of this, the City Council adopted Ordinance No. 94-966,
which specifically provides that the City shall be bound by state law
in land use, planning and zoning affairs, including the
requirement of consistency between the general plan and zoning
ordinance. That ordinance remains in force today. However, proponents
of Proposition "S" correctly point out that local
ordinances can be amended by simple majority vote of the City Council,
whereas the city charter may only be amended by majority vote of the
local electorate. While the City Council has no
intention of eliminating or weakening the protections of Ordinance No.
94-966, Proposition "S" clearly does offer a higher level of certainty
that the City will continue to be governed by state law
in land use, planning and zoning matters. This well-reasoned measure
will help to ensure the continued application of sound land use and
planning principles to our community. Toward that
end, the San Marcos City Council unanimously urges your "YES" vote on
PROPOSITION S.
F. H. "CORKY" SMITH, Mayor PIA HARRIS-EBERT, Vice-Mayor HAL MARTIN, Councilmember JIM MC AULEY, Councilmember MARK J. ROZMUS, Councilmember
Some of the present Council members once shrilled "over the years, the political power of local voters has been eroded by a transfer of authority to Sacramento and Washington DC." Those same Council members claimed home rule is desirable and can be achieved through a City charter. Today those same Council members are destroying the City charter piecemeal, article at a time and transferring power and authority to Sacramento. The five supporters of Proposition "S" fail to provide the information that land use, planning, and zoning laws may be changed by the politicians in Sacramento. If big cities such as Los Angeles decide a change in state zoning laws is desirable to accommodate increased density the state legislature will make changes. Today the City of San Marcos can control its municipal affairs. Proposition "S" transfers authority to Sacramento and makes the City unable to defend itself from unreasonable state intrusion. If you wish to keep local revenues at home and control your own destiny, vote no on the charter modification. CLARENCE JOHNSTON | The argument for approval of a city charter is misleading and the
accuracy is suspect. This city charter was poorly written. The council
members who wrote the city charter are today admitting
that the charter must be changed.
The city charter transfers the peoples political power to an imperial city council. The words "the city shall have the power " is written five times in the charter and the number of charter articles is six. The language of the charter is vague and undefinable except when describing council authority. When a city loses its general law status, its residents lose the benefit of state protection from abuse of power by an imprudent city council. This city charter gives the city council authority to pick and choose among applicable state laws, accepting some, rejecting others. This city council has the power under the charter to legislate with out regard to state laws concerning the following areas: municipal affairs, debt limitation, or acquisition, initiative referendum, municipal taxes (including dollar amounts) unless expressly forbidden by the state constitution. This proposition is vague. Vote no. Save the city some valuable taxpayer dollars. Absolutely nothing bad will happen with regard to: land use, planning, and zoning; if this ballot measure is rejected by the voters. CLARENCE G. JOHNSTON
As a Charter City, San Marcos is exempt from many of the State Laws relating to land use, planning and zoning unless such requirements are contained in its charter or adopted by ordinance. The City has adopted such an ordinance. However, an ordinance can be amended or repealed by a majority vote of the City Council. This Charter Amendment, if passed, could only be modified or repealed by a majority vote of the people of San Marcos. There are no fiscal impacts to the City or taxpayers if this measure is passed. We urge you to VOTE YES on PROPOSITION "S." F. H. "CORKY" SMITH, Mayor PIA HARRIS-EBERT, Vice-Mayor HAL MARTIN, Councilmember JIM MC AULEY, Councilmember MARK J. ROZMUS, Councilmember |
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Created: January 25, 2001 02:34
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