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Home My WebLink About1998-06-02; Notices ProofsMIKEL HAAS REGISTRAR OF VOTERS SALLY McPHERSON ASSISTANT REGISTRAR REGISTRAR OF VOTERS 5201 RUFFIN ROAD, SUITE I, SAN DIEGO, CALIFORNIA 92123-1693 Office: (619) 565-5800 (619) 570-1061 TDD: (619)694-3441 Fax: (619) 694-2955 Location Code: S50 Mail Stop: O34 Date: April 15, 1998 To: City of Carlsbad From: Campaign Services Re: Sample Ballot Proofs - Election Date: June 2, 1998 X First Second Third Final Enclosed is the material to be proofed for the upcoming election in your jurisdiction. Please proof immediately and mark your corrections. Material PROP TEXT OK as is OK with corrections Show new proof Date:Signature:a Please call 619-694-3405 with the corrections and a decision will be made on whether to have the material faxed or returned by mail. CO aoa Q) CITY OF CARLSBAD Proposition B (This proposition will appear on the ballot in the following form.) nK ** ADVISORY VOTE ONLY Shall the structure, the Split Pavilion, more commonly known as the "Bars" be removed? CITY ATTORNEY'S IMPARTIAL ANALYSIS THE WAY IT IS NOW: There is an existing structure overlooking the Pacific Ocean on a 7500 square foot parcel of land located at the intersection of Carlsbad Boulevard and Oak Street commonly known as the Split Pavilion as shown on the site map. This structure was designed by artist Andrea Blum in 1987. The project was completed in February 1992 as part of the Carlsbad Redevelopment Agency's Streetscape Project. As a result of public discussions in 1992 and 1993, the Council decided to make changes in the structure. However, the artist refused claiming that the structure could not be modified without her consent. The controversy was referred to court and the matter settled on terms and conditions explained below. THE PROPOSAL: The City Council seeks guidance from the voters as to whether or not this structure should be removed. This measure is an advisory measure as authorized by the California Elections Code for the purpose of allowing voters within the City to voice their opinion on substantive issues or to indicate to the City Council its approval or disapproval of the question being considered. A "YES" VOTE MEANS: If you vote yes, you wish to indicate to the City Council that it should take all necessary and proper actions to remove the Split Pavilion. A "NO" VOTE MEANS: If you vote no, you do not wish the City Council to order removal. WHY PROPOSITION B GOT ON THE BALLOT: In 1993 the City Council directed the City Attorney to file a lawsuit (Cily v. Blum 93430S(M)) in order to resolve the controversy that had arisen between Blum and the City regarding whether and when changes or modifications could be made to the Split Pavilion. Blum contended that state and federal law prohibited the City from changing the structure during her life plus 50 years thereafter. Carlsbad contended that the structure was not so restricted and that it could be modified like other public properties in the City. This lawsuit was resolved in 1993 allowing Carlsbad to decide whether or not to remove the Split Pavilion after August 1998 and after holding public hearings to consider the impacts of removal and to allow citizen input. Once Carlsbad removes the structure, it may also make other changes to the site and treat it like other public properties. On March 3,1998, the City Council decided to place this matter on the ballot in order to allow the voters within the City to voice their opinion on this issue. FISCAL IMPACT: The estimated cost to remove the Split Pavilion and to replace it with landscaping, walkways and other amenities will cost in the range of $100,000 - $150,000. The City will continue to pay for maintenance of any facility at this location. PR-1300-1 SD 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 SAN DIEGO Create Date & Time: 04/15/98 08:10 First Contest: 1300 Checksum: 4ff2e834 Last Contest: Starting Record: 295 BASE STYLE ID.: Page 4 EXHIBIT E to CARLSBAD/BLUM SETTLEMENT AGREEMENT of December 15, 1993 "SITE MAP" North Wall North Wall West Railing and Retaining Walls KEY = ground-level concrete = soil and LANDSCAPING areas ground-level concrete with exposed aggregate finish, to be replaced or resurfaced to match adjoining ground-level concrete, if Carlsbad exercises its prerogative to remove the structure as per paragraph 7 of the Agreement. PR-1300-2 SD 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 Create Date & Time: 04/15/98 08:10 Checksum: 298af66c Starting Record: 376 Page 5 SAN DIEGO First Contest: 1300 Last Contest: BASE STYLE ID PR.^)^ \ i ARGUMENT IN FAVOR OF PROPOSITION B Vote Yes - Remove the Bars and the entire Split Pavilion. Remove the Bars. Return "Public Control Over Public Land" to the local residents who live here. Citizens were misled from the beginning with drawings presented to the citizens of Carlsbad which showed no bars! A local artist would not have blocked our ocean view with bars. Only an artist who doesn't appreciate what Carlsbad is all about would destroy the view with Split Pavilion. Murky water, bird droppings everywhere, skateboard damage, graffitti etc ... Split Pavilion is an eyesore and maintenance nightmare. Thousands of Carlsbad residents have protested this affront to our beautiful coastline. The bars do not keep young children safe, yet we are powerless to change them because they are "art". The citizens of Carlsbad assume all liability for injuries because our city leaders gave away /anights to this property. The artist will not even allow a trashcan or drinking fountain to be put in "tfie Split Pavilion. The Split Pavilion is the only piece of Public property in Carlsbad that is not controlled by the Citizens of Carlsbad. We pay for maintenance and insurance, but a New York artist has final say over this prime piece of Carlsbad beachfront unless we vote to remove it. "The removal of the bars will enhance the view of the coastline, and the landscaping changes will make the space more attractive and congenial". Quote from City of Carlsbad, Office of Mayor Press Release. When the Bars are removed, you will again enjoy an unobstructed ocean view from a beautiful beachfront park and when driving down the Carlsbad coastline. Please vote YES JAMES A. WATSON PR-1300-3 SD 000-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 SAN DIEGO Create Date & Time: 04/15/98 08:10 First Contest: 1300 Checksum: 84ca1cc1 Last Contest: Starting Record: 416 BASE STYLE ID.: REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION B To borrow a little from Hamlet, methinks Mr. Watson "doth protest too much." His unabated trashing of the New York artist seems to be a case of crying over spilled milk. Split Pavilion did not appear overnight in Carlsbad. As I understand it, there was a lengthy period of planning and public review for this project. There was, I hope, a carefully drawn legal contract. There was, I assume, close monitoring of the contractual obligations and construction. Therefore, if the citizens of Carlsbad truly did not receive the design they had contracted for, then it was the obligation of the City Council, as their agent, to seek to void this contract. However, what really happened has become very murky, and in frustration, the easy route is to blame the artist. There is an ocean view from Split Pavilion. People sit there and enjoy the sunset. The new seawall south along Carlsbad Boulevard near SDG&E obscures ocean views to some degree, but Mr. Watson hasn't expressed concern over this. The issue of child safety and the metal bars is a tactic to scare the voters. There are railings along other parts of Carlsbad Boulevard and these dorC?seem to be a problem. If you vote to remove Split Pavilion, you will be left with a patch of dirt. Are you prepared to fund another project, which will generate more controversy? I don't think so. You are too smart. Let it be. Vote NO. KARLA B. MULRY Publisher Bexen Press PR-1300-4 SD 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 Create Date & Time: 04/15/98 08:10 Checksum: c868d75a Starting Record: 465 Page? First Contest: Last Contest: BASE STYLE ID.: SAN DIEGO 1300 PR-1300-4 ARGUMENT AGAINST PROPOSITION B Let it be. There have always been outcries about public art, and always will be. Currently, there are big flaps in Berlin, Washington, D.C., and right here in San Diego, where some art at the new airport terminal has been referred to as "dead ducks". Local artists were commissioned for this art. Split Pavilions is neither very good nor very bad. The fact a New York artist created it is irrelevant. However, the landscape design is very poor and general maintenance is minimal. The Carlsbad City Council has completely relinquished its responsibility by putting this issue on your ballot. In the future, we just might appreciate Split Pavilions more and more as an area insulated from roaring traffic congestion on Carlsbad Boulevard. We may even wish there were more places like it. If you vote to remove Split Pavilions, you have spent hundreds of thousands of dollars and will end up with absolutely nothing. That's a terrible scenario. KARLA B. PublisheiTBexen Press ^ PR-1300-5 SD 000-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 Create Date & Time: 04/15/98 08:10 Checksum: ba1 99752 Starting Record: 515 Page 8 SAN DIEGO First Contest: 1300 Last Contest: BASE STYLE ID PR-] 30Q-5 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION B Remove the Bars. Vote Yes on B. The Split Pavilion is on Public property. If you don't like it Vote Yes on B and have it removed, this is your only chance to give the citizens of Carlsbad control of this valuable piece of Public property. Many people want this to be an issue about art. For these people I ask, "Why should an artist have more rights than the people who pay for maintenance, pay for insurance, own the property and hold all responsibility for liability"? How many times have you looked around Carlsbad and wished you could have made a difference? This time you can, VOTE YES ON "B". JAMES A. WATSON PR-1300-6 SO 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION Control: CATEXTP V2.510 OF 040298 Create Date & Time: 04/15/98 08:10 Checksum: 49c25cc7 Starting Record: 554 Page 9 First Contest: Last Contest: BASE STYLE ID.: SAN DIEGO 1300 PR-1300-6