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;
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' 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.
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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."
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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)
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