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HomeMy WebLinkAbout6924RESOLUTION NO. 6924 A RESOLUTION OF THE CITY COUNCIL- OF THE CITY OF REDLANDS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE FIELD ON TUESDAY JUNE 8, 2010, FOR SUBMISSION OF A PROPOSED INITIATIVE ORDINANCE WHEREAS, pursuant to authority provided by statute, a petition has been filed with the City Council of the City of Redlands, California, signed by 15 percent of the number of registered voters of the City to submit a proposed ordinance entitled An Initiative Ordinance of the People of Redlands Adding Chapter 18.275 to the Redlands Municipal Code to Prohibit the Approval of "Mega -Retail Development"- and WHEREAS, the City Clerk caused an examination of the records of voter registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; NOW, THEREFORE, the City Council of the City of Redlands, California, does hereby resolve, declare, determine and order as follows: SECTION 1 That pursuant to the requirements of the laws of the State of California there is called and ordered to be held in the City of Redlands, California, on Tuesday June 8, 2010, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Initiative Ordinance of the Yes People of Redlands Adding Chapter 18.275 to the Redlands Municipal Code to prohibit the Approval of "Mega -Retail No Development" be adopted? SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit "A" and made a part hereof. SECTION 3. That the last day for receipt of primary arguments for or against the measure not exceeding 300 words has been established as the close of business on March 2, 2010, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each author, if different, of the argument in conformance with provisions of Section 9600 of the California Elections Code. Arguments may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing arguments. SECTION 4. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 5. That the last day for receipt of rebuttal arguments not exceeding_ 250 words has been established as the close of business on March 12, 2010, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each author, if different, of the rebuttal argument in conformance with the provisions of Section 9600 of the California Elections Code. Rebuttals may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing rebuttals. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 7 That the ballots to be used at the election shall be in form and content as required by law. SECTION 8. That the City Clerk of the City of Redlands is hereby authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 9 That the polls for said election shall be open at 7:00 A.M. of the day of said election and shall remain open continuously from said time until 8:00 P.M. of the same day when said polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 10 That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding mumcipal elections SECTION 11 That notice of the time and place of holdmg of the election is given and the City Clerk is hereby authorized, instructed, and directed to give further or additional notice of the election, m time, form and manner as required by law SECTION 12 That pursuant to the requirements of Section 10400 of the California Elections Code, the Board of Supervisors of the County of San Bernardmo is hereby requested to consent and agree to the consolidation of said General Municipal Election with the County of San Bernardino election to be held on said date, and within the City the precmcts and polling places for the General Municipal Election shall be the same as those provided for m said County SECTION 13 That the Board of Supervisors of said County is hereby requested to issue instructions to the Registrar of Voters of said County to take any and all steps necessary for the consolidation of the General Municipal Election with said County election. SECTION 14 That the Registrar of Voters of said County is authorized to canvass the returns of the General Municipal Election and provide necessary services pertaining to the election to be held on Tuesday, June 8, 2010 SECTION 15 That the City Council of the City of Redlands recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 16 That the City Clerk of the City of Redlands is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Bernardmo. ADOPTED, SIGNED AND APPROVED this 16th day of February, 2010 Mayor of the City of Redlands ATTEST City Clerk, Ci of Redlands 1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No 6924 was duly adopted by the City Council at a regular meeting thereof held on the 16th day of February, 2010 by the following vote. AYES Councilmembers Bean, Harrison, Gallagher, Aguilar, Mayor Gilbreath NOES None ABSENT None ABSTAIN None City Clerk, City of Redlands EXHIBIT "A" AN INITIATIVE ORDINANCE OF THE PEOPLE OF REDLANDS ADDING CHAPTER 18.275 TO THE REDLANDS MUNICIPAL CODE TO PROHIBIT THE APPROVAL OF "MEGA -RETAIL DEVELOPMENT' The People of the City of Redlands do ordain as follows: Section 1. 18.275, entitled `Prohibition of Mega -Retail Development, is hereby added to the Redlands Municipal Code to read as follows: `CHAPTER 18.275 PROHIBITION OF MEGA -RETAIL DEVELOPMENT 18.275.010 18.275.020 18.275.030 18.275.040 18.275.050 Purpose and Intent Definitions Approval for Use New and Existing Uses Prior Vested Rights Unaffected 18.275.010 Purpose and Intent: The City of Redlands recognizes that the development of certain retail establishments may have significant adverse effects on the character of the City and on the public health, safety, and welfare. Such effects include but are not limited to increased traffic, air pollution, noise, inefficient use of energy inefficient use of water, undesirable and incompatible land uses, increased generation of waste, increased demand for public services like fire and police, urban decay due to the closure of small local businesses, blight, and depressed property values. These effects permanently degrade the quality of life and natural environment experienced by the residents of Redlands and may also degrade the quality of life and natural environment for people living elsewhere. The purpose of this Chapter is to preserve, enhance, and maintain the quality of life and natural environment valued by the City's residents, to promote the social and economic well-being of the entire Redlands community and to prevent certain adverse effects of development or reduce them as much as possible. 18.275.020 Definitions: For the purposes of this Chapter, the following words and phrases shall have the following definitions: A. Mega -Retail Development: a retail establishment (i) that sells from the premises goods and merchandise, primarily for personal or household use; (ii) whose total sales floor area exceeds 100,000 square feet; and (iii) that devotes more than three percent of its sales floor area to non-taxable merchandise. However, this definition does not include the following: (1) Any discount warehouse or retail store that primarily sells its items in large quantities or bulk and where shoppers pay a membership or assessment fee in order to take advantage of discount prices on a wide variety of items such as food, clothing, tire, and appliances ( a `bulk' sale may involve the sale of a packaged item that itself contains two or more products that are themselves packaged and labeled in such a way that, if separated from one another, could be sold on a retail basis without any change in their packaging or labeling); (2) Any establishment that sells or rents motor vehicles when such sales or rentals represent or are reasonably likely to represent at least 50 percent of the gross dollar amount of the establishment's retail transactions subject to sales tax (e.g. tractor - trailer dealerships, automobile dealerships, and car -rental agencies); or (3) Any establishment that sells construction or other building materials when such sales represent or are reasonably likely to represent at least 50 percent of the gross dollar amount of the establishment's retail transactions subject to sales tax (e.g. home - improvement stores, hardware stores, and lumber yards). 13. Sales Floor Area: total interior building floor space devoted to the sale of goods and merchandise, excluding restrooms, offices, storage rooms, automobile service floor area of a single business establishment, and any areas within the building that are not used for the display or presentation of goods and merchandise for sale. C. Non -Taxable Merchandise: products, commodities, or items not subject to California state sales tax. This definition does not apply to (i) services, including the services of a chiropractor, optometrist, optician, physician, surgeon, podiatrist, dentist, spa, gym, nail salon, travel agent, or tour operator, (ii) theaters and other entertainment uses; and (iii) food products sold through vending machines. D. Use: the purpose for which land or a building is arranged, designed, constructed, or intended, or for which either land or building is or may be occupied or maintained. 18.275.030 Approval for use: No use may be approved under any provision of this Code, either as a discretionary matter or ministerially if the use is mega -retail development under Section 18.275.020. 18.275.040 New and Existing Uses: The use prohibition established by this Chapter applies to each of the following: A. A new use; and B. An exiting use that proposes to expand in such a manner that the entire post -expansion use would be prohibited if it were proposed as a new use. 18.275.050 Prior Vested Rights Unaffected. This Chapter shall not apply to any use for which vested rights were obtained prior to the effective date of this Chapter?' Section 2. As required by California Elections Code Section 9217, this Ordinance shall not be repealed or amended, except by a vote of the people.