HomeMy WebLinkAbout2024-06-18; City Council; ; Proposition H Ballot MeasureCA Review CKM
Meeting Date: June 18, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Cindie McMahon, City Attorney
cindie.mcmahon@carlsbadca.gov, 442-339-2891
Faviola Medina, City Clerk Services Director
faviola.medina@carlsbadca.gov, 442-339-5989
Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Proposition H Ballot Measure
District: All
Recommended Action
Adopt a resolution calling a municipal election to submit a ballot measure to the voters to
amend the city charter and Carlsbad Municipal Code Chapter 1.24 to increase the expenditure
limit, add an inflation index to the limit, and exempt public safety facilities from the limit;
requesting consolidation services from the San Diego County Board of Supervisors; directing the
preparation of an impartial analysis; and establishing procedures for ballot arguments and
rebuttals.
Executive Summary/Explanation & Analysis
Prop H ballot measure
On June 11, 2024, the City Council directed staff to prepare the documents necessary to place a
council-sponsored measure on the Nov. 5, 2024, general municipal election ballot relating to
Proposition H, in addition to the already scheduled council seats. The measure consists of
proposed amendments to Article 4, Section 400 of the city charter and Chapter 1.24, Sections
1.24.030 and 1.24.060, of the Carlsbad Municipal Code to increase the expenditure limit for
using city funds to acquire or improve real property, add an inflation index to the limit, and
exempt public safety facilities from the limit.
June 18, 2024 Item #12 Page 1 of 35
The companion ballot question is:
The full text of the proposed ballot measure is included in Attachment A to Exhibit 1.
The City Council is required to take certain actions to place the measure before the voters, set
the priorities for filing written arguments, direct the City Attorney to prepare an impartial
analysis and provide for the filing of rebuttal arguments for the ballot measure.
Two questions to be considered by the City Council are:
• Does the City Council wish to take a position on the ballot measure and allow its
members to submit an argument supporting the position?
Generally, the city may not use public resources to campaign for or against ballot
measures. The City Council may, however, adopt a position on a ballot measure, as long
as the position is adopted at an open meeting where all voices have the opportunity to
be heard. Consistent with this ability, California Elections Code Section 9282 allows the
City Council to authorize council members to write arguments in favor of, or against, the
measure. The resolution in Exhibit 1 anticipates the City Council will choose to take a
position in favor of the measure if the City Council places the measure on the ballot.
Consequently, the resolution in Exhibit 1 includes language authorizing the Mayor or a
designee to prepare the city’s ballot argument, which the City Council members may
then choose to sign. These provisions can be excised from the resolution if the City
Council chooses not to take a position on the measure or does not wish to submit a
written argument in support of its position.
• Does the City Council wish to allow rebuttals to the arguments in favor of or against the
measure?
California Elections Code Section 9285(b) allows the City Council to determine whether
to permit rebuttal arguments. The City Council has historically permitted them and
Exhibit 1 anticipates the City Council will choose to permit them for this ballot measure.
Exhibit 1 also anticipates the Mayor or a designee would prepare the city’s rebuttal
MEASURE ___. INCREASE EXPENDITURE LIMIT FOR
USING CITY FUNDS TO ACQUIRE OR IMPROVE REAL
PROPERTY, ADD AN INFLATION INDEX TO THE LIMIT,
AND EXEMPT PUBLIC SAFETY FACILITIES FROM THE LIMIT
Shall the voters of the City of Carlsbad adopt the measure
amending the city charter and municipal code to: (1)
increase the expenditure limit for using city funds to
acquire or improve real property from $1 million (the limit
established by voters in 1982) to $3.09 million (the 1982
limit in today’s dollars); (2) adjust the limit annually on
January 1 by the percentage increase in the regional
construction cost index; and (3) exempt public safety
facilities from the limit?
YES
NO
June 18, 2024 Item #12 Page 2 of 35
argument, which the City Council members may then choose to sign. If the City Council
chooses not to allow rebuttal arguments or does not wish to authorize the Mayor or
designee to prepare one on the city’s behalf, these provisions can be excised from the
resolution.
Members of the public may also file written arguments for or against the measure. If there are
multiple arguments for or against the measure, California Evidence Code Section 9287
prioritizes which arguments are to be selected for printing and distribution to the voters. The
priority order is:
(1) Authorized City Council members
(2) Measure sponsors
(3) Bona fide citizens’ associations
(4) Individuals eligible to vote on the measure
Arguments may not exceed 300 words and rebuttals may not exceed 250 words. Additionally,
arguments and rebuttals may not be signed by more than five people.
Ballot measure timeline
Because the city will be requesting to consolidate the city’s general municipal election with the
statewide general election, the deadlines for the submittal of arguments and rebuttals will be
the same deadlines as set by the Registrar of Voters and California Elections Code:
Aug. 9 Ballot text and consolidation resolution due to
the Registrar of Voters
Aug. 15, by noon Arguments in favor of or against the ballot
measure are due at the City Clerk’s Office
Aug. 16-26 Public examination period for arguments
Aug. 16, by noon City Attorney’s impartial analysis is due at the
City Clerk’s Office
Aug. 17-27 Public examination period for impartial
analysis
Aug. 20, by noon Rebuttal arguments are due at the City Clerk’s
Office
Aug. 21 – Aug. 31 Public examination period for rebuttal
arguments
Fiscal Analysis
Although the actual costs of the election are likely to vary depending on how many jurisdictions
participate and other factors, based on an estimate provided by the San Diego County Registrar
of Voters, staff estimate that placing the Proposition H measure on the Nov. 5, 2024, statewide
general election ballot, will cost the city approximately $135,000-$175,000.
The City Clerk’s Office’s budget for fiscal year 2024-25 does not include the necessary funds to
cover the costs related to the election.
June 18, 2024 Item #12 Page 3 of 35
Staff will request the necessary appropriations as part of the fiscal year 2023-24 year-end
carryforward report in September 2024.
Next Steps
Staff will file the resolutions with the San Diego County Board of Supervisors and Registrar of
Voters requesting consolidation of the city’s general and special municipal election with the
statewide general election on Nov. 5, 2024. In addition, staff will publish the notice of the
election on the city’s website and in the following local newspapers of general circulation
authorized to publish legal notices:
• The Coast News
• The San Diego Union-Tribune
• El Latino
• Tieng Viet San Diego News
• The Filipino Press
• The Epoch Times
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment.
Exhibits
1. City Council resolution calling a municipal election to submit a ballot measure to the voters
to amend the city charter and Carlsbad Municipal Code Chapter 1.24 to increase the
expenditure limit, add an inflation index to the limit, and exempt public safety facilities from
the limit; requesting consolidation services from the San Diego County Board of Supervisors;
directing the preparation of an impartial analysis; and establishing procedures for ballot
arguments and rebuttals
2. Registrar of Voters cost estimate for measure
3. June 11, 2024, Staff Report – Prop H (on file in the Office of the City Clerk)
June 18, 2024 Item #12 Page 4 of 35
RESOLUTION NO. 2024-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CALLING A MUNICIPAL ELECTION TO SUBMIT A BALLOT
MEASURE TO THE VOTERS TO AMEND THE CITY CHARTER AND CARLSBAD
MUNICIPAL CODE CHAPTER 1.24 TO INCREASE THE EXPENDITURE LIMIT,
ADD AN INFLATION INDEX TO THE LIMIT, AND EXEMPT PUBLIC SAFETY
FACILITIES FROM THE LIMIT; REQUESTING CONSOLIDATION SERVICES FROM
THE SAN DIEGO COUNTY BOARD OF SUPERVISORS; DIRECTING THE
PREPARATION OF AN IMPARTIAL ANALYSIS; AND ESTABLISHING
PROCEDURES FOR BALLOT ARGUMENTS AND REBUTTALS
WHEREAS, as authorized by California Elections Code Sections 9222 and 9255 and California
Government Code 34458, the City Council wishes to hold an election for the purpose of submitting to
the voters a ballot measure to obtain voter authorization to increase the expenditure limit for using
city funds to acquire or improve real property, add an inflation index to the limit, and exempt public
safety facilities from the limit; and
WHEREAS, California Elections Code Sections 9222 and 9255 and California Government Code
Section 34458 require the election to be held at an established statewide general election occurring
not less than 88 days after the date of the order of election; and
WHEREAS, the next regular election meeting this criterion is the statewide general election to
be held on Nov. 5, 2024; and
WHEREAS, it is desirable for the municipal election to be consolidated with the statewide
general election; and
WHEREAS, it is desirable to obtain an impartial analysis of the ballot measure; and
WHEREAS, it is desirable to establish the procedures for ballot arguments and to authorize the
Mayor or a designee to prepare a written argument in favor of the measure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
The above recitations are true and correct.
Call for Municipal Election.
a.As authorized by California Elections Code Sections 9222, 9255 and 10201, and
California Government Code Section 34458, a municipal election in the City of
Carlsbad is called for Nov. 5, 2024 to submit to the voters a ballot measure to obtain
voter authorization to increase the expenditure limit for using city funds to acquire
Exhibit 1
June 18, 2024 Item #12 Page 5 of 35
3.
4.
or improve real property, add an inflation index to the limit, and exempt public
safety facilities from the limit.
b.In accordance with California Elections Code Section 10418, the hours for the
opening and closing of the vote centers for the municipal election shall be the same
as provided for the statewide general election on Nov. 5, 2024.
c.The City Clerk's Office shall give further notice of the municipal election as required
by law.
Consolidation with Statewide Primary Election.
a.In accordance with California Elections Code Section 10403, the City Council
requests the County of San Diego Board of Supervisors to consent and agree to the
inclusion of the ballot measure and consolidate the municipal election with the
statewide primary election on Nov. 5, 2024, and to issue instructions to the Registrar
of Voters to take the necessary steps for holding the consolidated election.
b.The ballot question and the full text of the ballot measure to be presented to the
voters are set forth in Attachment A.
c.A majority vote of the voters (50% +1) is required to approve the ballot measure.
d.The City Council acknowledges the consolidated election will be held and conducted
in the manner prescribed by California Elections Code Section 10418.
e.That in accord with Article XXIV-A, Section 439.1(2)(d) of the San Diego County Code
of Administrative Ordinances, the City of Carlsbad agrees to indemnify and hold
harmless the county, its officers, agents and employees from liability expenses,
including reasonable attorney fees, as the result of an election contest arising after
the conduct of the election, so long as the election contest relates to the city's
municipal election and either arises from the conduct of the city or as a result of the
reasonable reliance by county upon information provided by the city.
Reimbursement of Election Costs. The city will reimburse the county for the costs
incurred for the consolidation upon the county's presentation of a properly submitted
bill.
June 18, 2024 Item #12 Page 6 of 35
5.Submission of Resolution to County Officials. The City Clerk's Office is directed to file a
certified copy of this resolution and its attachment with the Board of Supervisors and
the Registrar of Voters in the time and manner required by law.
6.
7.
Impartial Analysis. The City Clerk's Office is directed to transmit a copy of the measure
to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure
in accordance with California Elections Code Section 9280 showing the effect of the
measure on the existing law and the operation of the measure. The analysis shall include
a statement indicating the measure was placed on the ballot by the City Council. The
impartial analysis shall not exceed 500 words. If the entire text of the measure is not
printed on the ballot, or in the voter information pamphlet, there shall be printed
immediately below the impartial analysis in no less than 10-point bold type: "The above
statement is an impartial analysis of Ordinance or Measure ___ . If you desire a copy
of the ordinance or measure, please call the City Clerk's Office at 442-339-2808 and a
copy will be mailed at no cost to you."
Ballot Arguments.
a.The Mayor or a designee is authorized to prepare a written argument in favor of the
measure. If a qualified argument against the measure is submitted, the Mayor or a
designee may prepare a rebuttal argument. The argument in favor and the rebuttal
argument, if any, may also be signed by the other members of the City Council.
b.Arguments and rebuttals shall comply with the applicable provisions of the California
Elections Code, including Sections 9282 through 9285 and Section 9600.
c.Arguments in favor of or against the measure shall not exceed 300 words. Rebuttal
arguments shall not exceed 250 words.
d.All arguments and rebuttals shall be filed with the City Clerk's Office, signed, with
the printed name(s) and signature(s) of the author(s) submitting it, or if submitted
on behalf of an organization, the name of the organization, and the printed name
and signature of at least one of its principal officers who is the author of the
argument. All arguments and rebuttals shall be accompanied by the Form of
Statement to be Filed by the Author(s) of Argument signed by no more than five
authors.
June 18, 2024 Item #12 Page 7 of 35
e.If the City Clerk's Office receives multiple arguments in favor of or against the
measure, the City Clerk or designee shall select one argument in favor of and one
argument against the measure, giving preference and priority in the order specified
in California Elections Code Section 9287.
f.When the City Clerk or designee has selected the arguments for and against the
measure which will be printed and distributed to the voters, the City Clerk or
designee shall send a copy of the argument in favor of the measure to the authors
of the argument against the measure and a copy of the argument against the
measure to the authors of the argument in favor of the measure. The author or a
majority of the authors of an argument relating to the measure may prepare and
submit a rebuttal argument or may authorize in writing any other person or persons
to prepare, submit, or sign the rebuttal argument. Rebuttal arguments shall be filed
with the City Clerk's Office no later than 10 days after the final filing date for direct
arguments. A rebuttal argument shall be printed in the same manner as a direct
argument and shall immediately follow the direct argument which it seeks to rebut.
g.The arguments may be changed or withdrawn until and including the date fixed by
the City Clerk or designee, after which no arguments for or against the measure may
be submitted.
h.These provisions for ballot arguments shall apply only to the general municipal
election to be held on Nov. 5, 2024.
8.Public Examination and Publication of Measure. Impartial Analysis and Ballot
Arguments. The City Clerk's Office shall make a copy of the ballot measure, the City
Attorney's impartial analysis and any ballot arguments available for public examination
in accord with California Elections Code Sections 9223 and 9295. The City Clerk's Office
is further directed to publish a synopsis of the ballot measure in the manner required
by California Elections Code Section 12111 at least one week before the election.
June 18, 2024 Item #12 Page 8 of 35
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 18th day of June, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
BLACKBURN, BHAT-PATEL, ACOSTA.
BURKHOLDER, LUNA.
NONE.
NONE.
June 18, 2024 Item #12 Page 9 of 35
Attachment A
Ballot Question
Full Text of Ballot Measure
Amendment to the Charter of the City of Carlsbad
AMENDMENT TO ARTICLE 4, SECTION 400, OF THE CHARTER OF THE
CITY OF CARLSBAD TO ACKNOWLEDGE VOTER AMENDMENTS TO
PROPOSITION H
SECTION 1. Article 4, Section 400, of the Charter for the City of Carlsbad is amended to read as
follows:
Section 400 Economic and Community Development.
Subject to the expenditure limitation established by the citizens of Carlsbad in
Proposition H (Carlsbad Municipal Code Chapter 1.24), as it may be amended by the
voters from time to time, the City shall have the power to utilize revenues from the
general fund to encourage, support and promote economic development in the City.
SECTION 2. This charter amendment shall take effect as provided in California Government
Code Section 34459.
SECTION 3. The City Clerk’s Office shall publish this charter amendment according to law and
cause the amendment to be submitted to the Secretary of State as provided in
California Government Code Section 34460.
MEASURE ___. INCREASE EXPENDITURE LIMIT FOR
USING CITY FUNDS TO ACQUIRE OR IMPROVE REAL
PROPERTY, ADD AN INFLATION INDEX TO THE LIMIT,
AND EXEMPT PUBLIC SAFETY FACILITIES FROM THE LIMIT
Shall the voters of the City of Carlsbad adopt the measure
amending the city charter and municipal code to: (1)
increase the expenditure limit for using city funds to
acquire or improve real property from $1 million (the limit
established by voters in 1982) to $3.09 million (the 1982
limit in today’s dollars); (2) adjust the limit annually on
January 1 by the percentage increase in the regional
construction cost index; and (3) exempt public safety
facilities from the limit?
YES
NO
June 18, 2024 Item #12 Page 10 of 35
Ordinance No. ______
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 1.24, SECTIONS 1.24.030 AND 1.24.060, OF THE CARLSBAD
MUNICIPAL CODE, REFERRED TO AS PROPOSITION H, TO INCREASE THE
EXPENDITURE LIMIT FOR USING CITY FUNDS TO ACQUIRE OR IMPROVE
REAL PROPERTY, ADD AN INFLATION INDEX TO THE LIMIT, AND EXEMPT
PUBLIC SAFETY FACILITIES FROM THE LIMIT
The people of the City of Carlsbad, California, do ordain as follows:
SECTION 1. Chapter 1.24, Section 1.24.030, of the Carlsbad Municipal Code is amended to read
as follows:
The city shall make no real property acquisition and/or no improvement to real
property the cost of which exceeds $3.09 million dollars in city funds, adjusted
annually on January 1 by the percentage increase in the regional construction cost
index, 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. A project may not be separated into parts or phases
so as to avoid the effects of this chapter.
SECTION 2. Chapter 1.24, Section 1.24.060, of the Carlsbad Municipal Code is amended to add
a new paragraph at the beginning of the section to read as follows:
This chapter shall not apply to any real property acquisition or improvement to real
property used for public safety facilities. “Public safety facilities” include facilities
for law enforcement services, fire rescue and prevention services, lifeguard services,
emergency medical services and emergency operations, and training for staff
providing these services.
SECTION 3. This ordinance shall take effect as provided in California Elections Code Section
9217.
SECTION 4. The City Clerk’s Office shall publish this ordinance according to law.
June 18, 2024 Item #12 Page 11 of 35
From:Lau, Liliana
To:Faviola Medina
Cc:Vargas, Elvira; Sheila Cobian
Subject:RE: Quote request
Date:Wednesday, September 27, 2023 2:40:55 PM
Attachments:image002.pngimage005.png
Hi Faviola,
There are several election related bills that are currently with the Governor awaiting his signature.
Those bills, if approved by the Governor, will affect election costs as they add increased complexity
and cost to the administration of elections. We don’t have all the jurisdictions that will be ultimately
participating in the election. The Registrar of Voters assign election costs in a consolidated election
through the use of a weighted average method. This attributes costs to each jurisdiction based on
the number of contests, number of registered voters, number of candidates and the number of
pages in the voter information pamphlet. The number of participating jurisdictions and number of
contests will be known before the 88th day of the respective election date. The actual costs are
likely to vary depending on how many jurisdictions ultimately participate.
At this time, the cost projection for a 4-page measure appearing on the November 2024 Presidential
General ballot is $135K - $175K based on 80,793 registered voters.
Here are the assumptions:
All registered voters will receive their official ballot in the mail, along with the “I Voted”
stickers.
Pre-paid postage for all voters to return their ballot in the mail.
Ballot drop-off location(s) for a 28-day period, which requires renting vehicle(s) and hiring
temporary staff to pick-up ballots.
Vote Centers are open starting 11-days before Election Day.
Translation of materials to all federal mandated languages (Spanish, Chinese, Vietnamese and
Filipino).
ROV hires temporary election workers 90 - 120 days before election day to assist with election
activities and these workers are usually kept until the election has been certified.
Two-card ballot.
New size for the voter information pamphlet (8 ½” x 11”)
Thanks,
Liliana
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, September 27, 2023 1:30 PM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Exhibit 2
June 18, 2024 Item #12 Page 12 of 35
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>; Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: [External] RE: Quote request
We estimate about 1 page for the question and ordinance, 1 for the impartial analysis, and 1 each
for arguments and rebuttals.
If this changes, I know that this will of course also change the estimate you provide.
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 442-339-5989
From: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent: Wednesday, September 27, 2023 12:46 PM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>; Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: RE: Quote request
Hi Faviola,
Do you know the number of pages (including arguments, rebuttals, and fiscal analysis) for the ballot
measure?
Thanks,
Liliana
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Monday, September 25, 2023 9:41 AM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>; Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: [External] Quote request
Good Morning,
I know I asked this back in May but am checking in to see if you are now able to provide us with a
June 18, 2024 Item #12 Page 13 of 35
quote.
May I get a quote for a possible measure to be placed in our Nov. 2024 election?
Please advise.
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
P: 442-339-5989 | faviola.medina@carlsbadca.gov | www.carlsbadca.gov
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June 18, 2024 Item #12 Page 14 of 35
CA Review CKM
Meeting Date: June 11, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Staff Contact: Cindie McMahon, City Attorney
cindie.mcmahon@carlsbadca.gov, 442-339-2891
Zach Korach, Finance Director
zach.korach@carlsbadca.gov, 442-339-2127
Subject: Proposed Ballot Measure Options for Proposition H Amendments or
Exemptions
Districts: All
Recommended Action
Receive a report on proposed ballot measure options for Proposition H amendments or
exemptions and provide direction to staff.
Executive Summary
Proposition H, adopted by the voters in 1982, prohibits the city from spending more than
$1 million in city funds to acquire or improve real property unless the acquisition or
improvements are first approved by the voters.
The provisions of Proposition H are contained in Carlsbad Municipal Code Chapter 1.24. The
Proposition H expenditure limit is also referenced in Article 4, Section 400 of the city’s charter,
which the voters adopted in 2008.
The expenditure limit does not include an inflation index.
June 11, 2024 Item #15 Page 1 of 8June 11, 2024 Item #15 Page 1 of 8June 18, 2024 Item #12 Page 15 of 35
Exhibit 3
Since Proposition H was passed in 1982, six measures related to projects exceeding $1 million
have been passed by Carlsbad voters. The measures, projects and total costs are:
Year Proposition Projects Resulting
expenditures
1983 Proposition E
Police & Fire Administration Building,
Vehicle Maintenance Building, and Fire
Station No. 5
$12,052,189
1987 Proposition A Purchase of Hosp Grove for parkland $6,555,000
1989 Proposition G Purchase and construction of The Crossings
at Carlsbad Golf Course $63,334,117
2002 Proposition C
Joint First Responders Training Facility, Alga
Norte Park and Aquatic Center, open space
purchase, Lake Calavera Trails, trail
connectivity to Tamarack State Beach, South
Shore Agua Hedionda Lagoon trail
improvements, Arroyo Vista Trail extension
$28,023,167
2016 Measure O Fire Station 2 $14,218,662
2022 Proposition J Monroe Street Pool renovation $22,000,000-
$24,000,000*
*Estimated project costs
The city's Capital Improvement Program maps out major projects and how they will be funded.
Each year, the City Council approves this plan along with the city budget. The costs for most
planned Capital Improvement Program projects using funding sources subject to Proposition H
are expected to exceed the $1 million expenditure limit and require voter approval.
In July 2023, the Carlsbad Tomorrow: Growth Management Citizens Committee recommended
the City Council consider a ballot measure to increase Proposition H’s $1 million expenditure
limit and add an inflation index to allow the amount to increase over time. The committee was
concerned Proposition H has become a hurdle, making it more difficult and time-consuming for
the city to pursue projects to maintain Carlsbad’s quality of life.
The City Council received a report and presentation on May 14, 2024, discussing the history of
Proposition H and its implementing regulations, previous Proposition H-related ballot
measures, the committee’s recommendation, and potential future options, including a ballot
measure to amend or repeal Proposition H (Exhibit 3).
June 11, 2024 Item #15 Page 2 of 8June 11, 2024 Item #15 Page 2 of 8June 18, 2024 Item #12 Page 16 of 35
At the conclusion of the presentation, the City Council directed staff to return on June 11, 2024,
with potential ballot measure language amending Proposition H to:
1) Increase the expenditure limit and add an inflation index
and/or
2) Exempt public safety facilities from Proposition H
Options, Explanation & Analysis
Amend Proposition H to increase expenditure limit and add an inflation index
The City Council requested city staff propose an expenditure limit and an inflation index. For
inflation adjustments to most development related services fees, the city uses the Western
Region Urban Consumer Price Index, which is published by the Bureau of Labor Statistics. For
inflation adjustments to development impact fees, the city uses the Los Angeles Engineering
News Record Construction Cost Index, which is published by the Engineering News Record.
Had the $1 million dollar expenditure limit included an annual adjustment based on the
Consumer Price Index, the limit would be $3.76 million as of December 2023. Applying the
historical average Consumer Price Index of 3.3% to the limit over the next 15 years, the limit
would increase to $6.12 million by 2038.
Had the $1 million dollar expenditure limit included an annual adjustment based on the
Construction Cost Index, the limit would be $3.09 million as of December 2023. City staff
recommend using this index because it more closely reflects the effect of inflation on
construction project costs over time. Applying the historical average Construction Cost Index of
2.8% to the limit over the next 15 years, the limit would increase to $4.70 million by 2038.
Amending Proposition H to increase the expenditure limit to $3.09 million and adjust the limit
annually by the Construction Cost Index would update the limit to today’s dollars and keep the
limit current going forward. Sample ballot measure language for this option is provided in
Exhibit 1.
From a purchasing power perspective, this amendment would allow the expenditure limit to
remain consistent with the voters’ intent in 1982. However, the amendment will not
appreciably reduce the number of projects requiring voter approval before they may proceed
as most future planned construction projects are expected to exceed the increased amount
and, therefore, would still require voter approval under Proposition H. These projects include
Fire Station 7, the Grand Avenue Promenade, Orion Complex Energy Storage, Robertson Ranch
Park, Zone 5 Park and Cannon Lake Park. The costs for most of these projects will exceed
$10 million.
To appreciably reduce the number of projects needing a Proposition H vote, the projects would
either need to be funded from sources not subject to Proposition H, such as public facility fees,
park-in-lieu fees or special assessments, which may not be available in sufficient amounts, or
the expenditure limit would need to be increased to substantially beyond the inflation adjusted
amount.
June 11, 2024 Item #15 Page 3 of 8June 11, 2024 Item #15 Page 3 of 8June 18, 2024 Item #12 Page 17 of 35
Amend Proposition H to exempt public safety facilities from the expenditure limit
The City Council also requested city staff propose an amendment to exempt public safety
facilities from the expenditure limit. Sample ballot measure language for this option is provided
in Exhibit 2. For the purposes of this proposed exemption, “public safety facilities” includes
facilities for law enforcement services, fire rescue and prevention services, lifeguard services,
emergency medical services and emergency operations, and training for staff providing these
services.
Other options
The City Council could provide direction for staff to combine the above two ballot measure
options or develop other ballot measure options for consideration. The City Council could also
take no further action on the recommendation from the Carlsbad Tomorrow: Growth
Management Citizens Committee. Future real property acquisition and improvement projects
that require expenditures of greater than $1 million from funding sources subject to
Proposition H would continue to require voter approval.
Fiscal Analysis
The cost for placing a measure on the November 2024 General Election ballot is estimated to be
between $135,000 and $170,000.
Next Steps
If the City Council chooses to propose a ballot measure to amend Proposition H to increase the
expenditure limit and add an inflation index, and/or to exempt public safety facilities from the
limit, staff will return to the City Council on June 18, 2024, with the resolutions and other
documents needed to implement this direction.
The deadline to place an item on the ballot for the November 2024 General Election is
Aug. 9, 2024.
Environmental Evaluation
The City Planner has determined that this action is exempt from the requirements of the
California Environmental Quality Act in accordance with Guidelines Section 15378(b)(5), in that
receiving a report and providing direction to staff does not meet the definition of a project. The
action constitutes organizational or administrative activities of governments that will not result
in direct or indirect physical changes in the environment.
Exhibits
1. Proposed ballot measure - Increase expenditure limit and add inflation index
2. Proposed ballot measure - Exempt public safety facilities
3. May 14, 2024, staff report on Proposition H (On file in the Office of the City Clerk)
June 11, 2024 Item #15 Page 4 of 8June 11, 2024 Item #15 Page 4 of 8June 18, 2024 Item #12 Page 18 of 35
Exhibit 1
Ballot Question
Full Text of Ballot Measure
Ordinance No. ______
AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING ARTICLE 4, SECTION 400, OF THE CHARTER FOR THE CITY OF
CARLSBAD AND CHAPTER 1.24, SECTION 1.24.030, OF THE CARLSBAD
MUNICIPAL CODE TO INCREASE THE EXPENDITURE LIMIT AND ADD AN
INFLATION INDEX FOR USING CITY FUNDS TO ACQUIRE OR IMPROVE
REAL PROPERTY
The people of the City of Carlsbad, California, do ordain as follows:
SECTION 1. Article 4, Section 400, of the Charter for the City of Carlsbad is amended to read as
follows:
Section 400 Economic and Community Development.
Subject to the expenditure limitation established by the citizens of Carlsbad in
Proposition H, in 1982as it may be amended from time to time, the City shall have
the power to utilize revenues from the general fund to encourage, support and
promote economic development in the City.
SECTION 2. Chapter 1.24, Section 1.24.030, of the Carlsbad Municipal Code is amended to read
as follows:
The city shall make no real property acquisition and/or no improvement to real
property the cost of which exceeds one $3.09 million dollars in city funds, adjusted
MEASURE ___. INCREASE EXPENDITURE LIMIT AND ADD
AN INFLATION INDEX FOR USING CITY FUNDS TO
ACQUIRE OR IMPROVE REAL PROPERTY
Shall the voters of the City of Carlsbad adopt the measure
amending the city charter and municipal code to increase
the expenditure limit for using city funds to acquire or
improve real property from $1 million (the limit established
by voters in 1982) to $3.09 million (the 1982 limit in 2024
dollars), adjusted annually on January 1 by the percentage
increase in the regional construction cost index?
YES
NO
June 11, 2024 Item #15 Page 5 of 8June 11, 2024 Item #15 Page 5 of 8June 18, 2024 Item #12 Page 19 of 35
annually on January 1 by the percentage increase in the regional construction cost
index, 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. A project may not be separated into parts or phases
so as to avoid the effects of this chapter.
SECTION 3. This ordinance shall take effect as provided in California Elections Code Section
9217.
SECTION 4. The City Clerk’s Office shall publish this ordinance according to law.
June 11, 2024 Item #15 Page 6 of 8June 11, 2024 Item #15 Page 6 of 8June 18, 2024 Item #12 Page 20 of 35
Exhibit 2
Ballot Question
Full Text of Ballot Measure
Ordinance No. ______
AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING ARTICLE 4, SECTION 400, OF THE CHARTER FOR THE CITY OF
CARLSBAD AND CHAPTER 1.24, SECTION 1.24.060, OF THE CARLSBAD
MUNICIPAL CODE TO EXEMPT PUBLIC SAFETY FACILITIES FROM THE
EXPENDITURE LIMIT FOR USING CITY FUNDS TO ACQUIRE OR IMPROVE
REAL PROPERTY
The people of the City of Carlsbad, California, do ordain as follows:
SECTION 1. Article 4, Section 400, of the Charter for the City of Carlsbad is amended to read as
follows:
Section 400 Economic and Community Development.
Subject to the expenditure limitation established by the citizens of Carlsbad in
Proposition H, in 1982as it may be amended from time to time, the City shall have
the power to utilize revenues from the general fund to encourage, support and
promote economic development in the City.
MEASURE ___. EXEMPT PUBLIC SAFETY FACILITIES FROM
THE $1 MILLION EXPENDITURE LIMIT FOR USING CITY
FUNDS TO ACQUIRE OR IMPROVE REAL PROPERTY
Shall the voters of the City of Carlsbad adopt the measure
amending the city charter and municipal code to exempt
public safety facilities, including facilities for law
enforcement services, fire rescue and prevention services,
lifeguard services, emergency medical services and
emergency operations, and training for staff providing
these services, from the $1 million expenditure limit for
using city funds to acquire or improve real property?
YES
NO
June 11, 2024 Item #15 Page 7 of 8June 11, 2024 Item #15 Page 7 of 8June 18, 2024 Item #12 Page 21 of 35
SECTION 2. Chapter 1.24, Section 1.24.060, of the Carlsbad Municipal Code is amended to read
as follows:
A. This chapter shall not apply to any real property acquisition or improvement to
real property used for public safety facilities. “Public safety facilities” includes
facilities for law enforcement services, fire rescue and prevention services,
lifeguard services, emergency medical services and emergency operations, and
training for staff providing these services.
B. This chapter 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 the
ordinance codified in this chapter. For purposes of this chapter, a "vested right"
shall have been obtained if each of the following is met:
A1. The proposed project has received its final discretionary approval; and
B2. Substantial expenditures have been made in good faith reliance on the final
discretionary approval; and
C3. Substantial construction has been commenced in good faith reliance on the
final discretionary 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.
SECTION 3. This ordinance shall take effect as provided in California Elections Code Section
9217.
SECTION 4. The City Clerk’s Office shall publish this ordinance according to law.
June 11, 2024 Item #15 Page 8 of 8June 11, 2024 Item #15 Page 8 of 8June 18, 2024 Item #12 Page 22 of 35
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June 18, 2024 Item #12 Page 31 of 35
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June 18, 2024 Item #12 Page 32 of 35
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June 18, 2024 Item #12 Page 33 of 35
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June 18, 2024 Item #12 Page 35 of 35