Section 1. Purpose. The purpose of this Charter Amendment is to enact a
comprehensive policy ensuring that the City of Santa Cruz does not approve,
permit, or fund a desalination project without voter approval. Accordingly, this
Charter Amendment would require an affirmative vote by a simple majority of
Santa Cruz voters at a statewide general, statewide primary, or regularly
scheduled municipal election before any such desalination project could be
implemented.
Section 2. Findings. The citizens of the City of Santa Cruz find:
(a) that the proposal to construct and operate a desalination facility raises serious
economic, environmental, and community concerns of such importance that a
decision to approve such a project should not be made unless approved by a
majority of voters at a statewide general, statewide primary, or regularly scheduled
municipal election.
(b) that the City has already spent millions of dollars in pursuit of desalination
without a public vote or rate payer approval. According to the City Urban Water
Management Plan, "The current estimated cost for design, permitting, property
acquisition and construction of a regional desalination plant between 2010 and
2018 is approximately $116 million." Ratepayers will pay many millions more in
debt service, operation, and maintenance.
(c) that there are less costly and less environmentally damaging alternatives to
desalination. These include, but are not limited to, effective water-neutral
development policies, increased incentives for conservation, operational
improvements to the reservoir system, infrastructure upgrades, leak detection,
increased water storage capacity, water recycling, plumbing fixture and appliance
retrofits, drought-tolerant landscaping, gray water irrigation, rainwater harvesting,
water transfers between districts, and watershed restoration.
(d) that implementation of a comprehensive program of alternatives to desalination
would provide significant public benefits by supplying water at less cost to rate
payers, with less damage to the environment, using far less energy, and would also
help to create local jobs and business opportunities.
Section 3. Charter Amendment. The City Charter of the City of Santa Cruz is
amended to add a new Section 1431, as follows: Section 1431 + Voter Approval for
Desalination Projects
(a) Voter Approval. Notwithstanding any other provision of this Charter, no
legislative action by the City that would authorize or permit the construction,
operation, and/or acquisition of a desalination project, or that would incur any
bonded or other indebtedness for that purpose, shall be valid or effective unless
such action is authorized by an affirmative vote of a majority of qualified electors in
the City of Santa Cruz voting on the question at a statewide general, statewide
primary, or regularly scheduled municipal election. Provided that it has first fully
complied with the California Environmental Quality Act, Public Resources Code
section 21000, et seq., the City Council may put the question of approval of such
action before the voters at a statewide general, statewide primary, or regularly
scheduled municipal election according to any procedure authorized by this
Charter.
(b) Definitions.
(1) As used in this section, "legislative action" means adoption of or amendments to
the City's General Plan, Zoning Map, Zoning Code, Municipal Code, or approval of
a development agreement, or any other act by the City Council that is legislative in
nature.
(2) As used in this section, "desalination project" means any project intended to
provide potable domestic, commercial, and/or industrial water supply through the
removal of salts and other minerals from ocean water, regardless of the physical or
chemical process used.
Section 4. Interpretation and Severability. This Charter Amendment shall be
interpreted so as to be consistent with all federal and state laws, rules, and
regulations. If any section, subsection, paragraph, subparagraph, sentence,
clause, phrase, part, or portion of this Charter Amendment is held to be invalid or
unconstitutional by a final judgment of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Charter
Amendment. The voters hereby declare that this Charter Amendment, and each
section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or
portion thereof would have been adopted or passed even if one or more sections,
subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or
portions are declared invalid or unconstitutional. If any provision of this Charter
Amendment is held invalid as applied to any person or circumstance, such
invalidity shall not affect any application of this Charter Amendment that can be
given effect without the invalid application. This Charter Amendment shall be
broadly construed in order to achieve the purposes stated in this Charter
Amendment. It is the intent of the voters that the provisions of this Charter
Amendment shall be interpreted by the City in a manner that facilitates the
purposes set forth in Section 1 of this Charter Amendment.
Section 5. Effect of Alternative Measure on Same Ballot. This Charter
Amendment adopts a comprehensive policy for protecting the City of Santa Cruzs
natural environment, coastal resources, public infrastructure, and municipal
finances from being utilized for a desalination project without prior approval by City
voters. By voting for this Charter Amendment, the voters expressly declare that
any other measure that appears on the same ballot as this Charter Amendment
and conflicts with, or purports to amend, any provision of this Charter Amendment,
shall be deemed to conflict with the entire set of policies adopted by this Charter
Amendment. Because of this conflict, if this Charter Amendment and any such
other measure receive a majority of votes by the voters voting thereon at the same
election, then the measure receiving the most votes in favor shall prevail in its
entirety and no provision of the other measure shall take effect.
Section 6. Retroactive Application. In the event this Charter Amendment is
adopted by the voters, its provisions shall apply retroactively as of the date the
measure was found to have qualified for placement on the ballot.
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