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HomeMy WebLinkAbout1982-11-09; City Council; 1255; CMC 1.24 adds - Real property purchase/improvement over $1 million vote0 0 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 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 28 ' 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: 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. 11 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. C. I1 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. 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. a. The purchase price of the real estate, including improvements, or the present value of a lease, as appropriate; 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 2% 22 24 25 26 27 28 e b. The contract price of the improvements; c. All preliminary studies and reports directly relateb 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 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 "vested right" shal 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 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. I c 1 2 3 4 5 E 7 € z 1( 1: 11 1: 1, 1 1 1 1 1 2 2 2 2 2 i 2 2 i EFFECTIVE DATE: In accordance with Section 4013 of the Elections Code of the State of California, this ordinance shall 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. I/- @&&L MARY H.JCASLER, Mayor ATTEST: (SEAL) 4.