HomeMy WebLinkAbout1982-07-27; City Council; Resolution 69531
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RESOLUTION NO. 6953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 6934, CALLING AND GIVING NOTICE OF THE HOLDING OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY
AN ORDINANCE RELATING TO REQUIRING VOTER APPROVAL FOR THE CITY TO PURCHASE OR IMPROVE REAL PROPERTY COSTING MORE THAN ONE MILLION DOLLARS IN CITY FUNDS.
WHEREAS, the City Council adopted Resolution No. 6934,
calling a Special Municipal Election to be held in said City on
Tuesday, November 2, 1982, in order to fill the vacancy on the
City Council; and
WHEREAS, an initiative petition was processed in accordance
with California Elections Code; and
WHEREAS, the signatures have been verified in accordance
with Section 3708 of the California Elections Code; and
WHEREAS, in accordance with Section 4011 of the California
Elections Code, the petition has been certified as sufficient in
that it is signed by not less than ten percent of the voters of
the City; and
WHEREAS, the City Council of the City of Carlsbad has
determined to submit the ordinance to the qualified voters of
the City of Carlsbad at the Special Municipal Election being
held on November 2, 1982;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Carlsbad, California, does hereby declare, determine and
order as follows:
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Section 1. That the above recitations are true and correct.
Section 2. That Resolution No. 6934 is hereby amended to
include the submission to the qualified voters of said City an
ordinance hereinafter set forth relating to requiring voter
approval for purchase or improvement of real property costing
more than one million dollars in City funds.
Section 3. The ordinance submitted to the voters shall be
as follows:
The People of the City of Carlsbad do ordain as follows:
That Title 1 of the Carlsbad Municipal Code shall be
amended by the addition of Chapter 1.24 to require voter
authorization for real property purchase or improvement projects in excess of $1,000,000
1. 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 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 spenh 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;
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 cap it a1 expend it ures
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2. 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. "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. "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.
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.
d. "City Funds" shall mean City of Carlsbad general fund
3. 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
th is ordinance .
4. 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;
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.
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5. Guidelines. The City Council may adopt reasonable guidelines to implement this ordinance following notice and public hearing.
6. 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 particlar case is a question of fact to be determined on a case by case
basis by the City Council following notice and public hearing.
7. Amendment or Repeal. This ordinance may be amended or
repealed only by a majority of the voters voting at an election
thereon.
8. Severability. If any section, sentence, clause, phrase,
part, or portion of this ordinance is for any reason held to be
invalid oE 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. I'
Section 4. That on the ballots to be used at said special
election, in addition to any other matters required by law, anc
in addition to any other matters specified in Resolution No.
6934, there shall be printed substantially the following:
Shall an initiative ordinance be adopted adding I
of or improvement to real property the cost of which I----- I --- I
the voters voting thereon at an election.
Chapter 1.24 to the Carlsbad Municipal Code which I YES I 1 would prohibit the city from making an acquisition 1 II
exceeds $1,000,000 in city funds, unless it is first I 11
placed on the ballot and approved by a majority of I II
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Section 5. That a cross (+) placed in the voting square
after the word "YES" in the manner hereinbefore provided shall be
counted in favor of the adoption of the ordinance. A cross (+)
placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the ordinance.
Section 6. The ordinance submitted by this resolution shall
be designated on the ballot be a letter printed on the left
margin of the square containing the description of the measure,
as provided in Section 10219 of the Elections Code.
Section 7. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original resolutions of said City; and shall make a minute of
the passage and adoption thereof in the record 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 at an adjourned regular meeting
of the City Council of the City of Carlsbad held on the 27th
day of July , 1982, by the following vote, to wit:
AYES : Comcil N..ers Casler , Lewis, chick and Anear
NOES: None ABSENT: Council Yder Kulchin
J L MARY H.j CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk J
( SEAL)