This is an archive of a past election.
See http://www.smartvoter.org/ca/sd/ for current information.
LWV League of Women Voters of California
Smart Voter
San Diego County, CA November 7, 2000 Election
Proposition S
Land Use, Planning and Zoning
City of San Marcos

9,409 / 65.72% Yes votes ...... 4,907 / 34.28% No votes

See Also: Index of all Measures

Information shown below: Official Information | Impartial Analysis | Arguments |

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."

Official Sources of Information
Impartial Analysis from the City Attorney
The effect of the proposed measure would be to amend Article V of the Charter of the City of San Marcos (" City") to add a new Section 501, setting forth the limitations on its charter city status that require the City to comply with California law as it applies to general law cities with respect to 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. Unlike general law cities, charter cities are not required to enact zoning ordinances that are consistent with their general plans, unless such a requirement is contained in the charter or adopted by ordinance.

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.

  News and Analysis

North County Times

Suggest a link related to Proposition S
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

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

Rebuttal to Arguments For
Proposition "S" is without merit and has a questionable benefit. A no vote on this measure will not change the regulatory scheme to which the City must adhere. A no vote will remind the Council that needless politicking with taxpayer funds is undesirable.

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

Rebuttal to Arguments Against
Proposition "S" is beneficial for ALL of San Marcos, its residents and property owners. The language is clear. A YES vote for this Charter Amendment will:
  • Require the City to comply with State Law as it pertains to general law (non-chartered) cities in the interpretation and enforcement of land use, planning, and zoning matters.
  • Require zoning ordinances to be consistent with the city's general plan for land-use and development.
  • Prevent future Councils from amending or repealing these State consistency requirements.
  • Protect property owners by giving strength and credibility to the General Plan which is the master plan for all future development in our City.

Support the basic principle of sound land-use planning and development through the application of State Law.

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


San Diego Home Page || Statewide Links || About Smart Voter || Feedback
Created: January 25, 2001 02:34
Smart Voter 2000 <http://www.smartvoter.org/>
Copyright © 2000 League of Women Voters of California Education Fund
The League of Women Voters neither supports nor opposes candidates for public office or political parties.