HomeMy WebLinkAbout1982-11-02; Notices Proofs (3)name: esl
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CITY OF CARLSBAD H-1
H
Shall an initiative ordinance be adopted adding Chapter
1.24 to the Carlsbad Municipal Code which would prohibit
the city from making an acquisition of or improvement to
real property the cost of which exceeds $1,000,000 in city
funds, unless it is first placed on the ballot and approved
by a majority of the voters voting thereon at an election.
ORDINANCE NO. 1255
AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 1.24 TO REQUIRE VOTER AUTHORIZATION FOR REAL PROP-
ERTY PURCHASE OR IMPROVEMENT PROJECTS WHICH COST IN EXCESS
OF $1,000,000.
The people of the City of Carlsbad, California do ordain as follows:
SECTION 1: That Title 1 of the Carlsbad Municipal Code is amended by the addition of
Chapter 1.24 which reads as follows:
"Chapter 1.24
EXPENDITURE LIMITATION
Sections:
1.24.010 Purpose and Intent
1.24.020 Definitions
1.24.030 Vote Required
1.24.040 Determination of Cost
1.24.050 Guidelines
1.24.060 Exemption for Certain Projects
1.24.070 Amendment or Repeal
1.24.080 Severability
1.24.010 Purpose and Intent The acquisition and/or development of real estate by the City
of Carlsbad has profound financial impacts upon the budget of the City and upon the tax
burden imposed upon the taxpayers;
The City's financial resources have become more constrained as a result of the passage
of recent constitutional amendments such as Proposition 13 and the Gann Initiative Spend-
ing Limitation, thereby increasing the significance and importance of decisions by the City
to spend large amounts of money to purchase or develop real property;
In the absence of the provisions of this ordinance requiring voter approval for major land
acquisition or development projects by the City these decisions are often made without ade-
quate public review and comment in the context of an overall capital improvements program;
It is the intent of this ordinance to provide the citizens and taxpayers of Carlsbad with
an opportunity to express directly their preference by vote prior to major city expenditures
for the purchase or development of land;
It is not the intent of this ordinance to interfere with the normal day to day administration
of the City or with routine ongoing capital expenditures;
1.24.020 Definitions.
For purposes of this ordinance, the following words and phrases shall have the following
definitions:
a. "Effective Date" shall mean the date on which this proposed ordinance was adopted
by the City Council of the City of Carlsbad or was passed by the voters at the polls whichever
occurs first.
b. "Real Property Acquisition' shall mean the purchase or lease of any real property,
improved or unimproved, within or without the corporate limits of the City of Carlsbad to
be paid for in whole or in part by city funds.
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Section 1.24.020 (Continued)
c. "Improvement to Real Property" shall mean the actual physical construction of improve-
ments on real property owned, leased, or controlled by the City, or the modification, enlarge-
ment, or alteration of existing improvements on such property.
d. "City Funds" shall mean City of Carlsbad general fund monies; federal general revenue
sharing monies and all other monies, but shall not include categorical federal and state grants
available to the city for specific purposes. City funds shall not include special assessments.
1.24.030 Vote Required. The City of Carlsbad shall make no Real Property Acquisition and/or
no Improvement to Real Property the cost of which exceeds $1,000,000 in City funds, unless
the proposed acquisition and/or improvement project and the cost in City funds is first plac-
ed upon the ballot and approved by a majority of the voters voting thereon at an election.
A project may not be separated into parts or phases so as to avoid the effects of this ordinance.
1.24.040 Determination of Cost. In determining whether or not the cost in City funds of
a proposed Real Property Acquisition or Improvement to Real Property exceeds $1,000,000,
the following costs shall be included:
a. The purchase price of the real estate, including improvements, or the present value
of a lease, as appropriate;
b. The contract price of the improvements;
c. All preliminary studies and reports directly related to the acquisition or improvement,
including but not limited to, Environmental impact Reports, architectural renderings, soils
analyses, engineering work, and the like;
d. Finance cost, if any.
1.24.050 Guidelines. The City Council may adopt reasonable guidelines to implement this
ordinance following notice and public hearing.
1.24.060 Exemption for Certain Projects. This ordinance shall not apply to any Real Prop-
erty acquisition or Improvement to Real Property which has obtained a vested right as of
the effective date of this ordinance. For purposes of this ordinance, a "vested right" shall
have been obtained if each of the following is met:
a. The proposed project has received its final discretionary approval; and
b. Substantial expenditures have been made in good faith reliance on the final discre-
tionary approval; and
c. Substantial construction has been commenced in good faith reliance on the final discre-
tionary approval, where construction is contemplated.
Whether or not a vested right has been obtained in a particular case is a question of fact
to be determined on a case by case basis by the City Council following notice and public
hearing.
1.24.070 Amendment or Repeal,. This ordinance may be amended or repealed only by
a majority of the voters voting at an election thereon.
1.24.080 Severabllity. If any section, sentence, clause, phrase, part, or portion of this ordi-
nance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordi-
nance. It is hereby declared that this ordinance and each section, subsection, sentence,
clause, phrase, part, or portion thereof, would have been adopted or passed irrespective
of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions
be declared invalid or unconstitutional."
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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ARGUMENT IN FAVOR OF PROPOSITION H
This initiative ordinance was placed on the ballot by 2,153 residents of Carlsbad. The
purpose of the ordinance is to give the voters some control over the large projects in Carlsbad's
$60,000,000 Five-Year Capital Improvement Program.
In the simplest terms, it will mean that you, the voter, will be asked to approve at an elec-
tion any single project involving the purchase of real estate and /or construction costing
more than $1 million in city funds.
It will give you the opportunity to participate with your elected officials in a meaningful
and constructive way in decisions affecting the quality of your life in terms of government
services, such as fire and police protection, recreation, library, and public works.
Proposition 13 limited city government's taxing power. This ordinance will reinforce that
proposition by requiring prudent spending. It will restrain hasty decisions and impulse buy-
ing and promote foresight in planning.
You should also understand what the ordinance will not do.
Since it applies only to capital improvements, it will not affect the City's day-to-day opera-
tions, maintenance and repairs. For the same reason, it will not affect funding for emergen-
cy repairs and replacements incident to a natural or manmade disaster.
The initiative does not apply to Federal and State grants for specific projects such as
the expansion of the sewage treatment plant.
It will not require any special elections. With careful planning, the large projects can be
easily foreseen and placed on the ballot at regularly scheduled city elections every two years,
if required that often. Therefore, the ordinance will cost little to implement.
If you care about the future of Carlsbad and how your tax dollars are spent on huge proj-
ects important to you, we urge you to vote YES on the MILLION DOLLAR INITIATIVE.
ASSOCIATION OF CARLSBAD TAXPAYERS, INC.
ANTHONY J. SKOTNICKI, President RICHARD DEMORY, Secretary
REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION H
This Proposition is inconsistent with American representative government. It will waste
time and money but not give the voters anything they do not already have.
Voters exercise control by electing candidates with known views. Referendum, initiative
and recall elections are provided in the state constitution to give voters power to overrule
Councilmembers.
It is overkill to require an election for every major project when the overwhelming majori-
ty of projects are fully supported by citizens.
The City's capital improvement program is established with citizen support and primarily
funded by public facilities fees paid by developers—not your tax money. We must be able
to deliver the facilities when needed.
The City's spending is already controlled by the Gann Initiative. State and federal funds
have been cut. Our needs exceed available funds. Prudence is being exercised.
The ordinance has many faults. Many costly special elections will be required. Sewer expan-
sions would require a vote since grants cover only part of the cost. One million dollars in
future years will be further eroded by inflation requiring an election on virtually every capital
project.
There is no emergency exception. A destroyed police station could not be rebuilt without
a costly election.
Sound fiscal management to ensure a quality future for Carlsbad is our primary concern.
This ordinance will hurt, not help. We urge a no vote.
ANN J. KULCHIN
Councilmember
GIRARD ANEAR
Councilmember
MARY H.
Mayor
CASLER
RICHARD J. CHICK
Councilmember
CLAUDE LEWIS
Councilmember
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ARGUMENT AGAINST PROPOSITION H
This proposal would require an election on each project costing more than one million
dollars. It may seem to be "good politics" but it is bad government. Instead of streamlining
government, this proposal would make it more cumbersome. It would give special interest
groups an opportunity to veto City Council decisions. H would delay every project and increase
its final cost. It would create legal hassles which could paralyze city progress and split the
community.
The Carlsbad City Council has been open and responsive. The city requires new develop-
ment to pay its way. Over the next 30 years developers will pay $165 million in fees to build
the parks, fire stations, police facilities, libraries, sewers, streets, and other facilities needed.
These needs are spelled out in the city's public facility management program which is updated
and revised annually. The Council encourages public input at those annual hearings. We
have a sound and effective plan to meet the needs of the community.
When you vote, be aware of the following problems:
—A special election costs $15,000.
—Growth of the city will require many projects over a million dollars—therefore many
elections.
— Normally less than 30% vote at a local election.
—Currently the new police headquarters will cost over a million dollars.
—Major projects such as parks are phased over several years—will we need elections
for each phase?
—What happens if final costs exceed the estimate? This is what happened on the swim-
ming pool.
This measure will create continual problems in carrying out the city's long-range program.
It is not practical to return to the simple days of Town Hall government where everybody
voted on city projects.
We urge a NO vote.
ANN J. KULCHIN
Councilmember
GIRARD ANEAR
Councilmember
MARY H. CASLER
Mayor
RICHARD J. CHICK
Councilmember
CLAUDE LEWIS
Councilmember
REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION H
The argument opposing the proposition is misleading on several points.
To imply that each project over $1 million would require a $15,000 special or separate
election is a scare tactic and reveals a lack of confidence in city planners.
The city's Five-Year Capital Improvement Program was produced by competent city
employees and contains most of the major facilities needed through the year 2000. Of the
57 projects in this program, only 12 exceed $1 million and would require voter approval.
These could be placed on the ballot at any of the regular city elections scheduled ev«rv
two years. After these 12 items are approved, the need for additional projects over a $1
million would be infrequent. After all, how many city halls and police headquarters will we
build in the next 25 years?
How can the proposition "give special interest groups an opportunity to veto city council
decisions" when the voters will decide?
The proposition requires all phased projects to be considered as single projects for costing
purposes. *
If a mere plurality of a "less than 30% vote" is good enough to elect a councilperson, why
isn't good enough to approve the expenditure of public money?
The inflated final cost of the swimming pool was due to eight years of dawdling. In any
case, after a project is approved a cost increase is immaterial.
An undersigned served six years as a Councilmember and attests to the workability of
the proposition.
Please vote YES.
ASSOCIATION OF CARLSBAD TAXPAYERS, INC.
ANTHONY J. SKOTNICKI, President RICHARD DEMORY Secretary
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GENERAL ELECTION -NOVEMBER 2, 1982 -SAN DIEGO
OFFICIAL BALLOT
COUNTY
CITY OF CARLSBAD
MEMBER OF THE CITY COUNCIL (SHORT TERM)
BRUCE NAZE
Artist
RALPH E. DARTON
Corporate Counsel-Assistant
QjYROjpG. ANNABLE
Buyifiessman
VIC VICKERY
Co-Own^fJleneral Manager
WILLIAM A. BONAS
Legal/Financial Consultant
ARTHUR KANTOR
Commissioner/Businessman/Parent
JEFFREY N. PUNCHES
Analyst
ROBERT B. PRESCOTT
College Trustee
ELMER H. JOSE, JR.
Planning Commissioner
WILL HALL
Retired Teacher
Vote for One
133*
134*
135* ^
136* *
137*
138*
139*
140*
141*
142*
_ _
MEASURE SUBMITTED TO VOTE OF VOTERS
Shall an initiative ordinance be adopted adding Chapter
H1 .24 to the Carlsbad Municipal Code which would prohibit
the city from making an acquisition of or improvement to
real property the cost of which exceeds $1 ,000,000 in city
funds, unless it is first placed on the ballot and approved ~"~
by a majority of the voters voting thereon at an election.
Yes 146 *
No 147 *
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CARLSBAD CITY COUNCIL (SHORT TERM)
BRUCE NAZE
Professional Artist
Age: 30
I believe that a candidate should bring more to political office than qualifications and a proper education.
In the scheme of political life a candidate's first priority is his concern for the well being of his constituents.
I appreciate the concerns of the constituents of Carlsbad for I have lived in Carlsbad for the past twenty
years and have seen Jfs,growth. I have participated within the Carlsbad Unified School District, attending
elementary school at Je'fferson Elementary to graduating from Carlsbad High School. From this point of
my educational career I enter Mira Costa Junior College taking the Humanities in Art. Finishing there I
proceeded with my educational career at San Diego State University where I also graduated with a degree
in the Humanities in Art. I bring a awareness to the councilmans seat of the urgent need of the water
problem facing the city of Carlsbad and the county. The improvement of downtown Carlsbad. Finding ways
of bring cheaper electricity to users. Seeking light industrial firms to settle their companies here to improve
the employment climate for our citizens. In keeping a rural atmosphere alive in Carlsbad. We must take
into consideration land use and population.
CARLSBAD CITY COUNCIL (SHORT TERM)
RALPH E. DARTON Age: 61
Assistant to Corporate Vice President-Legal Counsel
I have resided in Carlsbad five years and am a member of Hi-Noon Rotary, Masons, Shriners, and a DeMolay
Legion of Honor recipient.
My wife, June, and I are the proud parents of four sons, one daughter and ten grandchildren.
I am a high school graduate, as well as a "graduate" of the Civilian Conservation Corps prior to entering
the Marine Corps in May, 1940. An honorable discharge as a Platoon Sergeant was granted in July, 1946.
In November, 1947,1 joined the Lynwood Police Department, being promoted to Sergeant in June, 1950,
and Chief of Police in December, 1954.1 was elected to the School Board of the Lynwood Unified School
District, serving in that capacity simultaneously until shortly before my retirement as Chief of Police in
February, 1977.
I am convinced my previous experience working with the "total community" and participating in resolving
problems of city-wide concern should enhance my ability to serve the citizens of Carlsbad.
If elected, I can assure you: openness, credibility, fiscal responsibility and compatibility will be my passwords.
I offer my candidacy for all of Carlsbad and do so without any reservation whatsoever.
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CARLSBAD CITY COUNCIL (SHORT TERM)
BYRON G. ANNABLE
Businessman
Age: 58
The Annable family, Mom, Dad and seven children, of which I am the oldest, came to Carlsbad in 1941.
We leased an old station and motel across from the Military Academy and Dad ran it all day and Byron
ran it all night. In time it made us a living and in the forty years since I have made my living in San Diego
County service stations. At present I have a little market and service station in San Luis Rey.
My interests, when not working, are camping and fishing with my wife, Louise. We are charter members
of Christ Presbyterian Church of La Costa, and attend regularly. I also dabble in a little poetry. Carlsbad,
oh Carlsbad, you are so wonderful, if elected dear, I will keep you on a pedestal. My business background,
and my love for our city, which I feel is the finest place to live in ail of America, will give me a good
background to serve our city as a councilman.
CARLSBAD CITY COUNCIL (SHORT TERM)
HUGH J. VICKERY
Co-Owner Triangle Transfer Van and Storage Co.
Two years Maryland University. Officers Candidate School, United States Army, Retired. Received the Silver
and Bronze Star, Combat Infantry Badge. For twenty two years I have been a resident of Carlsbad. I have
been involved and committed to the beach area and the development of the downtown area, and I am
greatly interested in the welfare of our citizens. Mobile home problems will be understood as I lived in
a mobile home park for four years. Served as director of Comprehensive Health Planning Association of
Imperial, Riverside and San Diego Counties. Instrumental in securing a National Cemetery in Southern
California. Honored by Blade-Tribune as Citizen of The Year. Named Man of the Year for North County
because of caring for the welfare of our citizens.
Over the past years I have been deeply and sincerely involved in our community as a businessman and
father. I am aware that our children are asking for proper schooling, future job opportunities, and buying
homes. I am cognizant of our city problems and I favor controlled growth. I have the time to devote to
the office. Let me help to bring all of this about!
I URGE YOU TO VOTE FOR ME!
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CARLSBAD CITY COUNCIL (SHORT TERM)
WILLIAM A. BONAS Age: 35
Legal and Financial Consultant
As a long time resident of Carlsbad, I will offer the council position a diversified approach to conducting
the city's business with traditional notions of legal and fiscal responsibilities. My relevant background in
education and business includes Baccalaureate in Business Administration, Juris Doctorate in Law, Cer-
tified Public Accountant Candidate, and coupled with experience as controller of several corporations, intern-
ship with local law firms and construction industry. All allow me special insight with local government
and intricate problems facing our growing community which is at a crossroads.
As a councilman, I would insure zealous representation by encouraging moderate and managed quality
growth in both the commercial and residential sectors; A beach and lagoon commission empowered as
final arbitrator; A mobilehome parks grievance committee comprised of a city council member, park repre-
sentative and a mobilehome appointee; A permanent and convenient Senior Citizen Center; Merchants
Law and Order Commission; A youth employment program sponsored by local businesses; Water conser-
vation committee.
We as voters can move in a direction that will preserve what is best in our city by governmental respon-
siveness. Remember in November, a vote for Bonas is a bonus for Carlsbad and you.
CARLSBAD CITY COUNCIL (SHORT TERM)
ARTHUR KANTOR Age: 32
Commissioner/Businessman/Parent
PERSONAL: Family man - married to wife Kris; three daughters - ages 13, 7 and 5.
BACKGROUND: Independent Businessman - Graphic Art Dealer (Owner); (former) Narcotics Correction Officer.
EDUCATION: Pace University - B.A. Degree (Literature/Communications); New School For Social Research
- Course work toward a Master of Public Administration Degree. Courses taken include: Urban Planning,
Programming, Budgeting, and Administrative Law.
COMMUNITY: CONCERNED and INVOLVED in many community issues; Member - Traffic Safety Commis-
sion, City of Carlsbad; Member - Carlsbad Chamber of Commerce - Chairman, Carlsbad/La Costa Coor-
dinating Committee; Member - League of Women Voters; Member - Buena Vista Lagoon Foundation; Member
- Friends of the Carlsbad City Library, Inc.; Member - Board of Directors, Casa Grande Homeowners Association
- Chairman, Security Committee. I have established "Neighborhood Watch" programs.
During the past year I've been a leader in the effort to update the antiquated school district boundaries
in south Carlsbad. In addition, IVe worked on both the local and state level on behalf of a more equitable
"neighborhood school" concept for ALL of Carlsbad.
I believe that my background, as well as my dedication to and knowledge of Carlsbad, will enable me
to make competent and unbiased decisions on the great variety of complex issues that confront the City
Council.
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CARLSBAD CITY COUNCIL (SHORT TERM)
JEFFREY N. PUNCHES Age: 36
Vice-President Mathetics, Inc.; Training Systems Analyst
LEADERSHIP, MANAGEMENT, FISCAL RESPONSIBILITY, AND HARD WORK. Upon graduating from the
U.S. Naval Academy in Annapolis, Maryland, I served 12 years as a Navy Fighter pilot. I am a veteran
and remain active in the Naval Reserves as a Commander at Miramar. I am Vice President of MATHETICS,
INC., responsible for corporate management and performing analytical work for government agencies.
I have the LEADERSHIP and MANAGEMENT EXPERIENCE required for the office of City Councilman.
Carlsbad is a city with a unique balance of industrial, commercial, residential, and agricultural interests.
We must carefully plan in order to maintain this balance in the future. Planning and conscientious manage-
ment of development are necessary to counter the growing pressures for explosive growth. My MANAGE-
MENT experience will enable me to make the difficult decisions necessary despite those outside pressures.
In the future we face reduced Federal funding for city services and development. FISCAL RESPONSIBILITY
is increasingly important to maintain budgetary soundness. My experiences enable me to organize facts,
analyze them and make sensible decisions.
Most importantly, I am willing to discuss issues with any citizen, and then WORK HARD to be responsive.
Leadership, fiscal responsibility, hard work - Put a Punch in your city council.
CARLSBAD CITY COUNCIL (SHORT TERM)
ROBERT B. PRESCOTT
Community College Trustee
I have been a resident of Carlsbad for over 20 years. During that time I have been an active participant
in the development of the city. I served on the Carlsbad Parks and Recreation Commission and as a member
of a citizens committee for the revision of the city's General Plan as well as other civic organizations and
activities. For over 12 years I have been your elected trustee representative on the Governing Board of
Mira Costa College. Serving in that public office has given me considerable experience in budgeting and
planning for the use of taxpayer's dollars. I am acutely aware of the responsibility that goes with it.
Looking ahead, Carlsbad faces difficult times. Carlsbad's growth is going up while operating revenues are
going down. My prior experience in public office will make me a more effective member of the City Council
in handling that and other problems. I hope you will give me that opportunity to serve you.
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CARLSBAD CITY COUNCIL (SHORT TERM)
ELMER H. JOSE, JR
Lt. Col. USAF-Retired
Age: 63
My experience as a Planning Commissioner for sixteen years, and knowledge of current local concerns,
enable me to be immediately effective without an indoctrination period on important issues facing our city.
I have also volunteered and served as a member of the Civic Center Building Authority, Community In-
volvement Committee, Business District Action Commission, HUD Low-Income Housing Study Group, San
Diego Goals Subcommittee, Regional Growth and Economical Development, San Diego County Comprehensive
Planning Organization, San Diego Planning Congress, Vice-Chairman, Carlsbad Bicentennial Committee,
Member of Buena Vista Lagoon Foundation, Chamber of Commerce and Zoological Society of San Diego.
A few Air Force assignments were in the Office of Secretary of Defense Management Committee
flee Secretary Air Force Financial and Program Management. _____
During my service to the city, I have strongly supported those development'controls which have direct
effect on quality of life. Such controls continue to be improved through my and my fellow Commissioners'
efforts.
I have no conflict of interest and will continue to remain impartial and unbiased when making final decisions.
My demonstrated interest, and service, in Carlsbad over the past sixteen years qualify me to serve as
your Councilman.
I welcome your support and vote.
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