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Home My WebLink About2005-07-19; City Council; 18212; Amendment to Proposition H GuidelinesAB# 18,212 MTG. 7/19/05 DEPT. PW CITY OF CARLSBAD -AGENDA BILL - TITLE: AMENDMENT TO PROPOSITION H GUIDELINES DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: City Staff recommends City Council adoption of the attached additional guideline (exhibit 1) for Proposition H. ITEM EXPLANATION: Proposition H is codified as Chapter 1.24 of the Carlsbad Municipal Code. Section 1.24.050 authorizes the City Council to adopt reasonable guidelines to implement Proposition H following notice and a public hearing. The City Council adopted five guidelines on April 5, 1983. The current guidelines are attached as exhibit 2. Section 1.24.030 states in pertinent part: “The city shall make no real property acquisition andlor no improvements to real property the cost of which exceeds one million dollars in city funds, unless the proposed acquisition 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.” In section 1.24.010 the purpose and intent of Proposition H is discussed. It states in pertinent part: “It is not the intent of this chapter to interfere with the normal day-to-day administration of the city or with routine ongoing expenditures.” City staff is recommending the adoption of a sixth guideline, the purpose of which is to clarify that “Improvements to Real Property” do not include replacement, repair, maintenance, routine refurbishment or upgrades of existing facilities. This item requires a Public Hearing which has been duly noticed. FISCAL IMPACT: None. EXHIBITS: 1. Draft Guideline number 6. 2. AB 7340, which includes the existing implementation guidelines. DEPARTMENT CONTACT: Lloyd Hubbs, (760) 602-2730, Ihubb@ci.carlsbad.ca.us I Additional Guideline for Proposition H 6. Improvements to Real Property The intent of Chapter 1.24 is expressed in 1.24.010 as: “It is the intent of this chapter 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 chapter to interfere with the normal day-to-day administration of the city or with routine ongoing capital expenditures.” Section 1.24.020 (3) states: “Improvements to Real Property” means 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 p ro pe rty . ” Section 1.24.020 (3) shall be interpreted in the following manner: “Improvement to Real Property” shall not include replacement, repair, maintenance, routine refurbishment or upgrades of existing facilities as they are considered to be routine ongoing capital expenditures necessary to carry out the normal and routine business of the city. The City Council may make findings on a case-by-case basis on whether the above exceptions are applicable to a proposed project. - . I. CIT 3F CARLSBAD - AGEND, 31LL TITLE: PROPOSITION H COMMITTEE RECOMMENDED GUIDELINES RECOMMENDED ACTION: Proposition H Committee recommends City Council adoption of the attached guidelines. ITEM EXPLANATION: After the passage of Proposition H, the City Council appointed the Proposition H Committee to recommend guidelines to assist in imple- menting the ordinance. The Committee has, through numerous meetings, worked through the ordinance and developed points of clarification for selected portions. These points of clarification apply to sections of the ordinance which the Committee ccnsiders unclear. Extensive discussion and debate contributed to the guidelines. There are five major topics in the guidelines. The first four deal with clarification of specific sections of the,ordinance. 1. 1.24.030 Gove rnme n ta 1 Bod i e s 2. 1.24.020(d) Funding Sources 3. 1.24.060 Exemptions 4. 1.24.030 Vote Required (Phasing) The Committee considers specific interpretation of these sections necessary for logical ordinance administration. Guideline number 5 - Limitation Period, is recommended by the Committee as an important general addition to the ordinance. FISCAL IMPACT: Yone. ENVIRONMENTAL IMPACT : None. EXHIBITS : 1. Draft Guidelines. 3 .. I. DRAFT - MARCH 23, 1983. 1. 2. GUIDELINES FOR PROPOSITION H Governmental Bodies. Section 1.24.030 shall be interpreted in the following manner: "The City of Carlsbad" means the City of Carlsbad, a California Municipal Corporation, and not any other separate legal entities. For example, the ordinance would not apply to the: A. Parking Authority B. Building Authority C. Housing & Redevelopment Commission Funding Sources. Section 1.24.020(d) shall be interpreted in the following manner: "City funds" shall mean City of Carlsbad general fund monies; federal general revenue sharing monies and all other monies similar to those funds. In essence, "City Funds" are TAX MONIES, collec- ted City-wide, which are subject to the limita- tions of Proposition 13 and the Gann Initiative. In general, fees which are received from new development to provide additional facilities, should be exempt. For example, the following fees would not be subject to the ordinance: A. Planned local drainage fees B. Park-in-lieu fees C. Public facilities fees D. Gifts to the City (Gifts for non- E. Sewer construction funds F. Water funds (to the extent to which specific purposes would be considered "City funds. 'I) water funds are collected from new develop- ment and expended for capital facilities to serve that new development, those funds should be exempt, and not subject to the ordinance) 4 4 GUIDELINES FOR PROPOSITION H.../2 3. Exemptions. Section 1.24.060 shall be interpreted in the f ol lowing manner : The operative portion of the section is the last paragraph, which states: whether or not a vested right has been obtained in a particular case is a question of fact to be deter- mined on a case-by-case basis by the City Council, following notice and public hearing. The three criteria established by a, b and c in code section 1.24.060 should be used by the Council in this determination. However, they are - not all inclusive. on other appropriate grounds as the City Council may determine. An example of "other appropriate grounds" would be a pre-existing contractual agree- ment involving the City. Vesting may also be found 4. Vote Required (Phasing). Section 1.24.030 provides that a project may not be separated into phases "...to avoid the effects of this ordinance." The section speaks to a determi- nation of subjective intent. There are a number of objective reasons for separating a project into phases including available funding, environmental factors, construction considerations, topographical features, coordination with surrounding developments, market conditions, the need to match project phasing with population increases or citizen demand. Unless it is reasonably apparent that a project is being "split" to avoid a vote, legitimate phasing of a project should be allowed. Before approving part of a project which may cost more than $1-million in City funds, the City Council shall determine whether or not it is subject to Secticn 1.24.030. After a duly not- iced public hearing the City Council shall make its decision by resolution which includes specific find- ings on why the project is being phased and whether or not a vote is required. 53 DRAFT GUIDELINES FOR PROPOSITION H.../3 5. Limitation Period Any legal challenge to the determinations of the City Council made in regard to the appli- cation of the ordinance or the guidelines, or their decision to undertake a particular pro- ject be brought within thirty days. Failure to institute a suit within thirty days would bar any challenge after that time. .. NOTICE OF PUBLIC HEARING CHAPTER 1.24 IMPLEMENTATION GUIDELINES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, April 5, 1983, to consider the adoption of guidelines to be used for implementation of the one million dollar spending limitation contained in Chapter 1.24 of the Carlsbad Municipal Code. A copy of the proposed guidelines is available in the City Clerk's Office. PUBLISH: March 26, 1983 CAFUSBAD CITY COUNCIL 7 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 09'h, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 11~ Day of July, 2005 CARLSBAD CITY COUNCIL NCT 1821026 July 09.2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING CHAPTER 1.24 IMPLEMENTATION GUIDELINES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00P.M., on Tuesday, July 19, 2005, to consider updating the guidelines to be used for implementation of the one million dollar spending limitation contained in Chapter 1.24 of the Carlsbad Municipal Code. A copy of the proposed updated guidelines is available in the City Clerk’s Office. PUBLISH: July 9,2005 CARLSBAD CITY COUNCIL