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HomeMy WebLinkAbout1982-11-09; City Council; Resolution 7060RESOLUTION NO. 7nm 15 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECITING THE FACT OF A SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 2nd DAY OF NOVEMBER, 1982, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE.REQUIRED BY LAW. precincts were properly established, that election officers were appointed, and that in all respects said election was held and WHEREAS, a Special Municipal Election was held and conducted 6 7 in the City of Carlsbad, County of San Diego, State of California, on Tuesday, the 2nd day of November, 1982, as required by law; and a 9 10 11 12 WHEREAS, pursuant to Resolution Nos. 6934 and 6935, said election was consolidated with the Statewide General Election held on said date; and 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, notice of said election was duly and regularly 13 I/ the returns made and declared in time, form and manner as required by the provisions of the Elections' Code of the State of California for the holding of elections in cities; and WHEREAS, City Council Resolution No. 6935, adopted on the 6th day of July, authorized the Board of Supervisors of the County of San Diego to canvass the returns of said election; and WHEREAS, pursuant to the Election's Code said canvass has been completed by the Registrar of Voters, who has conducted the canvass, and has provided a certificate with the results of the canvass, said certificate is listed as Exhibit "A", on file with the City Clerk. given in time, form and matter as provided by law, that voting 34 I/ conducted and the votes cast thereat, received and canvassed and ti NOW, THEREFORE, the City Council of the City of Carlsbad, California, does resolve as follows: 1. That the above recitations are true and correct. 2. That said Special Municipal Election was held for the purpose of electing the following officer of said City as re- quired by the laws relating to cities in the State of California, to wit: One Council Member of the City of Carlsbad for a short term of two years 3. That at said Special Municipal Election, the following measure was submitted to the electors of said City, to wit: Shall an iniative ordinance by adopted adding Chapter II 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." 4. That the whole number of votes cast in said City was 14,298. 5. That the names of persons voted for at said election for Member of the City Council of said City are as follows: Bruce Naze Ralph E. Darton Byron G. Annable "Vie" Vickery William A. Bonas Arthur Kantor Jeffrey N. Punches Robert B. Prescott Elmer H. Jose, Jr. Will Hall //// //// //// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6. That the measure voted upon at said election is as follows: I 91 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." 7. That the number of votes given at each precinct to each of such persons above named for the respective offices for which said persons were candidates, and for and against the measure, were listed on Exhibit "B" on file with the City Clerk. 8. The City Council does declare and determine that: Robert B. Prescott was elected as Member of the City Council of said City for a short term of two years; and That as as a result of said election, a majority of the quali- fied voters voting on said measure relating to a spending limitation (Ordinance No. 1255 attached hereto as Exhibit "C") did vote in favor thereof, and that said proposition was carried , and shall be deemed adopted and ratified. 9. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed and duly authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the City Clerk's Office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. //// //// 1 2 3 4 5 6 7 E 5 ZC 11 1; 1; 11 l! 1( 1' 11 1' 21 2: 2 2 2 2 2 2 2 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the file of 3riginal Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad, at an adjourned regular meeting held the 9th day of November, 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Anear NOES: None ABSENT: N~~~ ATTEST: A (SEAL 1 EXHIBITS - A AND BARE ON FILE WITH THE CITY CLERK. 1 2 3 4 5 6 ? E z 1( 1: 1: 1: 14 1 1 1 1 1 2 2 2 2 2 2 i 2 : EXHIBIT "C" to ~ RESOLUTION 7060 ORDINANCE NO. 1255 AN INITIATIVE ORDINANCE OF THE CITY OF CARSLBAD, CALIFORNIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 1.24 TO REQUIRE VOTER AUTHORIZATION FOR REAL PROPERTY 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 Sect ions : 1.24.010 1.24.020 1.24.030 1.24.040 1.24.050 1.24.060 1.24.070 1.24.080 Purpose and Intent Definitions Vote Required Determination of Cost Guidelines Exemption for Certain Projects Amendment or Repeal 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 Spending 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 adequate public review and comment in the context of an overall capital improvements program; 1 *- I 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 I€ 17 1€ 1s 2c 21 22 2: 24 2E 2E 27 2E e 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. 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. (1 b. Improvement to Real Property" shall mean the actual physical construction of improvements on real property owned, leased, or controlled by the City, or the modification, enlargement, or alteration of existing improvements on such property. I1 C. 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 pro- posed acqusition and/or improvement project and the cost in City funds is first placed 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; 2. I I 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 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 .;uidelines. 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 Property 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 is met: vested right" shal have been obtained if each of the following I1 a. The proposed project has received its final discretionary approval; and b. Substantial expenditures have been made in good faith reliance on the final discretionary approval; and c. Substantial construction has been commenced in good faith reliance on the final dicretionary 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 Severability. If any section, sentence, clause, phrase, part, or portion of this ordinance 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 ordinance. 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." 3. 1 2 3 4 5 E 'i E I l( 1: 1: 1: 3 1 1 1 1 1 2 2 i i f i : t c 1 I EFFECTIVE DATE: In accordance with Section 4013 of the Elections Code of the State of California, be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date. this ordinance shall +/* &&&A/. MARY H .I/CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clgrk (SEAL) 4. .