Loading...
HomeMy WebLinkAbout1994-01-25; City Council; 12567; BALLOT MEASURE REGARDING LEGO FAMILY PARK-. That the City Council 1) Approve the wording for the Advisory Ballot Measure on the Leg0 Family Park: 2) direct the City Attorney to prepare an impartial analysis; and 3) direct the City Clerk to take all necessary steps to set the matter for election on June 7, ITEM EXPLANATION At its December 7, 1993 meeting, the City Council discussed placing a question before the voters of the City regarding the proposed Leg0 Family Park. The Council made two decisions at that time. First, the Council decided to place a City-sponsored measure on the ballot. Second, the Council determined that the ballot measure should be advisory. The issue of the specific ballot measure wording and the selection of an election date was deferred until January to give staff time to prepare recommended wording and to meet with any interested parties regarding the wording. The purpose of this agenda bill is to address those two remaining items and to formally set the matter for election. Proposed Wordinq for Advisory Measure In order to assist in drafting the proposed wording for the advisory ballot measure, staff started by first preparing a set of guidelines. The guidelines that staff prepared and used are attached to this agenda bill as Exhibit 1. After preliminary wording was drafted based on the guidelines, staff offered to meet with the interested parties as directed by the City Council. Staff held one meeting with the property owners and a Leg0 representative and one meeting with representatives of the citizens group currently opposed to the Leg0 Park. At those meetings both the staff proposed guidelines and the preliminary ballot measure wording were reviewed and discussed. Although the meetings were very productive, they did not result in total consensus on the guidelines or the proposed wording of the advisory ballot measure. Nevertheless, based on the guidelines and input received at the meetings, staff is recommending that the following wording be approved by the City Council and used for the advisory ballot measure : Shall the City of Carlsbad consider approving a Leg0 Family Park within the Carlsbad Ranch project located east of 1-5, north of Palomar Airport Road, and south of Cannon Road, provided that the project shall fully comply with the City's Growth Management Plan, all land use processing and environmental review requirements are met, and provided further that any future proposal for another theme park in the City would require a subsequent, affirmative vote of the citizens. (b a * PAGE 2 OF AGENDA BILL NO. j&* Sb 7 Date of Election At the previous City Council meeting of December 7, 1993 staff presented three options available to the City for setting the date of an election which were April, June or November 1994. The discussion of these options centered around holding the election as soon as possible but combining it with an already-scheduled election in June or November to increase voter participation and to keep the cost down. Staff is recommending that the election be held on June 7, 1994 which would consolidate it with the already-scheduled countywide primary election. This would allow for a vote to occur with a regular election which increases voter interest and participation. Representatives of the Carlsbad Ranch property have indicated that an amendment to the Carlsbad Ranch project to include the Leg0 Family Park will probably be submitted in late February or early March. As is shown on the estimated processing schedule attached to this agenda bill as Exhibit 3, there is no real advantage to waiting until a November election date. Enough additional information will be generated before June for the citizens to make an informed decision on whether the consideration of allowing a Leg0 Family Park as a use in the City on the Carlsbad Ranch property fits into the vision that the citizens of Carlsbad have for their community. It is not possible to have the project through the entire review process by November in any case and, therefore, delaying the election until that time has no real advantage. Finally, as stated previously, Leg0 is only a part of the Carlsbad Ranch project. Other parts of the project, such as the Gemological Institute of America, are on a shorter schedule for moving forward but their planning is to a certain extent dependent on whether Leg0 will be part of the project. It would not seem fair to unnecessarily delay the other parts of the project from moving forward. Staff is therefore recommending that the City Council direct the City Attorney and City Clerk to take the necessary steps to set the advisory measure to the election to be held on June 7, 1994 according to the wording recommended above by staff. FISCAL IMPACT The cost to the City to place the measure on the ballot for June 7, 1994 would be approximately $10,000 to $15,000. EXHIBITS 1. Exhibit 1 - Guidelines for Drafting Ballot Measure 2. Exhibit 2 - Draft Location Map 3. Exhibit 3 - Estimated Processing Schedule. 4. Exhibit 4 - Revised Ballot Measure Wording. c m Q) EXHIBIT 1 LEG0 BALLOT MEASURE GUIDELINES FOR BALLOT MEASURE WORDING 0 A yes vote on the measure should indicate support for Lego. The wording should not be structured so that if you vote no, you support Lego. This only confuses the issue. YES = Consider Lego. NO = Do not consider Lego. 0 The wording of the measure should be as short and simple as possible. The wording should be as neutral and fair to both sides as possible. Some minimal level of factual, descriptive wording needs to be included in the . 0 measure to clarify the Leg0 proposal and the City’s already-stated position regarding this type of proposal (see note below for details). . The General Plan and Zoning Ordinance presently allow the City to consider a use like Lego. This needs to be recognized when drafting the wording and preparing the explanation of the ballot measure. It is not necessary for the City to amend its ordinances to be able to legally consider the Leg0 project. Note: Factual, descriptive items considered by staff included: 1. 2. 3. Leg0 is proposing a familv-oriented type of theme park. The exact location (Carlsbad Ranch) has been determined. Strict compliance with the Growth Management Plan will be required. Land use and environmental review requirements must be met. A decision to only allow one theme park in the city. 4. 5. In meetings with interested parties, proponents of Leg0 wished to have the list of items significantly expanded while opponents thought it should be significantly reduced. L 0 e EXHIBIT 2 LOCATION MAP I: PROPOSED LOCATION FOR LEG0 PALOMAR AIRPORT RD 11 CARLSBAD RANCH PROJECT 0 3 0 > 6 m EXHIBIT 3 c I- t! z - a ! c t P B P 0 e 9) 2 l5g $f ;i ;: U mb 79 E- ; .s cat ?2= e$ +s .Q, ; 2 P c- Q sz c3 on T .u .- I- .- cc - ax .2 t Pe -€ 6 e3 3% si 1; - .- QC OQ cn 3 6 8: 83 . j QS 8 c e6 e 0 g@ g OH - 6g = 9) Qo 3oL 'CQ c b g= ! !i .ea ;p z t 82 0 0 I p .P 0 1' 5 8 k'g $ g E3 5 s 40 2 9 ;$ u x Cia 8: ibEmm U u '- 60 0 .E 5 cc c --- za mo: EXHIBIT 4 a 0 LEGO FAMILY PARK BALLOT MEASURE WORDING ADVISORY VOTE ONLY SHALL THE CITY OF CARLSBAD CONSIDER APPROVING A LEGO FAMILY PARK WITHIN THE CARLSBAD RANCH PROJECT LOCATED EAST OF 1-5, NORTH OF PALOMAR AIRPORT ROAD, AND SOUTH OF CANNON ROAD AS SHOWN ON THE LOCATION MAP, PROVIDED THAT THE PROJECT SHALL FULLY COMPLY WITH THE CITY’S GROWTH MANAGEMENT PLAN, AND ALL LAND USE PROCESSING AND ENVIRONMENTAL REVIEW REQUIREMENTS. @EGO Systems, inc. 555 Taylor Road P.O. Box 1600 Enfield, CT 06083-1600 Telephone 203-749-2291 Facsimile 203-749-6077 * 44 January 24,1993 Mayor Bud Lewis and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor Lewis and Councilmembers: On January 25, the City Couccil w-iil be cocsidcring the xtim t&es by the Ccmncil ia December to place an advisory vote concerning the LEGO Family Park on the June or November ballot. In November 1993, when LEGO World announced the selection of Carlsbad as the site for the first U.S. LEGO Family Park, our company indicated that we supported the democratic decision process and that we would accept the project review process as outlined by the City, even if that included a public vote on the acceptability of the Park to Carlsbad residents. Now that the City Council has made the decision to place this question before the voters, opponents to the project are continuing to press the Council to make the vote binding. The City Council has indicated that it has concerns about making the vote binding, based on policy and procedural considerations. While technically speaking, the measure that you place before the voters on the LEGO Family Park may be an advisory measure, LEGO World views such a vote in a very "binding" sense. Should the voters of Carlsbad reject the LEGO project based upon an impartially worded advisory measure, the LEGO Company will conlmit to withdrawing our plans to gain approval of a LEGO Family Park in Carlsbad. This commitment should remove any uncertainty or fears that the opposition may have about the outcome of any advisory measure approved for the ballot by the City Council. On the question of timing, LEGO World requests that the vote occur on the June 1994 ballot. The planning application for the Carlsbad Ranch project should be submitted to the City for review during the spring. This will provide more than adequate detail about the LEGO Park proposal fur the voters 70 make an informed decision on the matter. Also, as stated in the past, as detailed information is available, LEGO World will make every effort to communicate information about the Park to the community. Hopefully this letter is helpful to the Council in clarifying our position on the advisory question. Feel free to contact me should you or any member of the City Council have any questions. Sincerely, yyq/lJ. M&-J- Jos ph L. Manna Director, New Ventures & Licensing JLM:vjd cc: C. Calkins B. Rhinerson J. Jakobsen R. Williams S. Aa. Madsen - m e CRRlTRS cornpnnv 1 .7 WU1S"A F-Qj.i: THE 1?gi::J3%ATXli'4 OF *@ CITY MANAGhB gi 4 -,.r - r lrtC trTt COUNCIL LA's.dk4-a j DATE 5 January 20, 1994 -_- %-'--. 3 .. _I- -----?-.%A .%x---- --"<- - NayOr Claude Ai L@Wi8 CA City of Carlabad CC I200 Carlsbad Village Drive Carlabad, CA 92008-1989 RE: Proposed BaLLok/LEGD Dear Mayor Lewis and Members of the Council: We understand that the staff has proposed basic ballot measure wording for the proposed vote on the LEG0 Family Park, Based OA the information which we have available, we balleve that the ballot measure needs to more clearly state the conditions to the citizens p vote, specificaLLy that the growth management plan (iRC1U~~ 0'- li.n.i.ted to. cftv tr.alf.ic smea rc&} must be satisfied, A wry significant burden fs placed on those who wish Co see Che ballot measure passed and, therefore, as clearly as possible, the ballot measure should express the issue. The City, by its previously adopted poliaies, has made alear the standards by which such a proposal PB to be considered, Those need to be reiterated 10 that there is no misunderstnndiny in the community of the limitations on which their approval will be given, fn addition, we understand that the measure has specifically called out the three limitations which ar% required for such a process, including the compliance with the Growth Management Plan, compliance with all. Land use processing and environmental review, and limitation on any future "theme" park, We believe that for purposes of ease of undevstaiidiiig and recognition that these should be separately stated and tha ba3lG'i measure shou2d appear as f ollowe : "Shall the City of CarXsbad consider approving a Leg0 Family Park within the Carlsbad Ranch project located east of 1-5, north of Palomar Airport ~oad, and south of Cannon Road, provided that the project shall: I: comply with the Growth 14anagament plan (including, but not limited to City traffic standards); 56300 AVENIDA ENCINAS 6 SUITE 100 CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 433-9020 1 c m 0 .. Mayor Claude A. Lewis January 20, 1994 Page 2 I Comply with all land use processing and environmental review; and, . a Thara shall be only one Ifthemeft park in the City. We again urge that the hallot language as clearly and expressly as possible detail those Urni tations inherent in any consideration by tfie city of Carlsbad and, in particular, the limitatione under which the cornmuti~ty would be approving this ballot measure, Only under those c~rcumstances do we feel that the cithena will Peel comfortable exercising their vote in a manner to permit: consideration of the park. Very truly yours, Phi (ih&+ by /&, Chgistaphar C. Calkins \ for Carltas Company CC: LEG0 Systems, Inc, 0 W'"" cI-ycc-- &4 b-5 my& &< &vu& CnRlmS compnnv I January 20, 1994 Mayor Claude A. Lewis City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 RE: Proposed Ballot/LEGO Dear Mayor Lewis and Members of the Council: We understand that the staff has proposed basic ballot measure wording for the proposed vote on the LEG0 Family Park. Based on the information which we have available, we believe that the ballot measure needs to more clearly state the conditions to the citizens' vote, specifically that the growth management plan (includinq but not limited to, City traffic standards) must be satisfied. A very significant burden is placed on those who wish to see the ballot measure passed and, therefore, as clearly as possible, the ballot measure should express the issue. The City, by its previously adopted policies, has made clear the standards by which such a proposal is to be considered. Those need to be reiterated so that there is no misunderstanding in the community of the limitations on which their approval will be given. In addition, we understand that the measure has specifically called out the three limitations which are required for such a process, including the compliance with the Growth Management Plan, compliance with all land use processing and environmental review, and limitation on any future "themel' park. We believe that for purposes of ease of understanding and recognition that these should be separately stated and the ballot measure should appear as follows: "Shall the City of Carlsbad consider approving a Leg0 Family Park within the Carlsbad Ranch project located east of 1-5, north of Palomar Airport Road, and south of Cannon Road, provided that the project: 8 shall comply with the Growth Management plan (including, but not limited to City traffic standards) ; 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD, CALIFORNIA 92008 USA. (619) 431-5600 FAX (619) 431-9020 L 0 0 Mayor Claude A. Lewis January 20, 1994 Page 2 0 shall comply with all land use processing and 0 environmental review requirements; and, there shall be only one llthemell park in the City. We again urge that the ballot language as clearly and expressly as possible detail those limitations inherent in any consideration by the City of Carlsbad and, in particular, the limitations under which the community would be approving this ballot measure. Only under those circumstances do we feel that the citizens will feel comfortable exercising their vote in a manner to permit consideration of the park. : LEG0 Systems, Inc. 0 e S. ELAINE LYTTLETON 3400 Seacrest Drive Carlsbad CA 92008 619-438-2059 office 619-729-0245 home January 25, 1994 Mayor Lewis & City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Dear Mayor and Council; I regret I am not able to appear before you in person this evening. I have been eating, breathing and sleeping Leg0 Family Park for more than a year now and the matter of a ballot measure on the project is extremely important to me, so I have asked my friend Karen Ireland to present my statement to you. I lived in Carlsbad for 18 years, and have my business here too. I have served on many Carlsbad citizen committees, including the Planning Commission, so I know something about the planning process, city finances and our Growth Management Plan, And I think I’ve demonstrated my deep caring for our community over the years through involvement in many community groups, such as the Friends of the Library and the Chamber of Commerce. I bore you with these personal details, because you need to know how important it is to me that things are done RIGHT here in Carlsbad. I have been to Leg0 Park in Denmark. I know what a wonderful, unique, and pristine place it is. I have met Legols top officials and seen their deep personal and corporate commitment to children and quality learning experiences. I have talked to the people who live in Billund and heard what a good and generous corporate neighbor Leg0 is. And finally, I have seen our City planners bring grown developers to tears in these Chambers by enforcing painfully tight development standards and I know they will continue to do so. I must tell you that I trust our process here in Carlsbad. I trust the City Council, the staff, the applicants, and the citizens to go over the project with a fine tooth comb. There will be ample opportunity to give and receive public input in order to tailor the Leg0 Park to exactly fit Carlsbad, G * m 36 /-a-y & *.* ““;/;“a“- Cfu*-;J.+* a d Page 2 of 2 Land use planning by ballot initiative is disastrous. Our award winning Growth Management Plan is in serious jeopardy of being undermined by such action. Certainly other businesses will continue to think twice about bringing new jobs and dollars to our City if they perceive that they may have to face a ballot initiative to do so. The City Council is NOT demonstrating the courage of their convictions by considering a ballot measure at all. I urge you to take a strong stand, discard the whole ballot measure, and allow the applicant to go through our tried and true process like anyone else. Sincerely, S. L./’ Elaine @de2 L tleton SEL: bm 0 e TOOLTRONICS, INC. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Lego Family Park Honorable Mayor and Members of the City Council As a longtime Carlsbad resident and chairman of Amcraft Corporation, Tooltronics, Inc. , Hytech Precision Machining and Pacific Swiss Limited, I strongly support your continuing efforts to make the Leg0 Family Park project a reality within this community. As an owner of small business', I believe it is imperative to continue to create jobs and stimulate our economy while maintaining an urban environment. The land slated for Leg0 Family Park, under the current zoning, could be constructed with office complexes, totaling some two million square feet. This type of development would create horrendous traffic problems on Palomar Airport Road and Cannon Road at peak hours of the day, and require additional services to support large numbers of daytime population. Under the California freeway system, it is highly unusual to have an off ramp such as Cannon Road that would handle virtually all traffic for this project, create zero impact on residential areas, and not create gridlock generally found in large developments during peak traffic hours. This community is blessed with the opportunity to continue its growth management plan, and Leg0 Family Park fits the criteria. Our administration and the previous administration, both Republicans and Democrats alike, preach family values. Lego Family Park certainly fits that bill. They will bring to our community 700 full time and part time jobs, generate approximately $75 million in annual sales, and create a boom for all construction workers in North County. Most cities within the United States of America would provide tax advantages, building concessions, zoning changes, and virtually anything else that they could do to bring this project to their community. Carlsbad has the opportunity to garner this wonderful project by just saying "yes." I urge all of you to just say "yes." Sincerely, *' <p i, vu "id u LA- .? 7 John W. Earle Chief Administrative Officer cc: Carlsbad Chamber of Commerce Blade Citizen 1958 Kellogg Avenue Carlsbad, California 92008-6581 (61 9) 431 -7600 FAX (61 9) 431 -7625 DIS;-RiBicTED p CQU3CtL BuQ,$G ,-ar-ci.c CQUdClL Mt;ETlrlC,