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HomeMy WebLinkAbout1994-07-12; City Council; 12772; Green Valley Initiative Request (2)Cr ' OF CARLSBAD — AGEr ~ A BILL ()0 AB# 1 2^7 2- MTG. 7-;#~ *M DEPT. CM TITLE-GREEN VALLEY INITIATIVE REQUEST DEPT. HD. CITY ATTY^@ CITY MGR. ^< § 0) 0)4Ja CCfl M O0.CO Oa3 OO O< O OO RECOMMENDED ACTION: Receive and file report and take no action on request to place Green Valley Initiative on the November 1994 election ballot. ITEM EXPLANATION: Mr. Robert Payne addressed the City Council at its June 28,1994 meeting to request that it place the Green Valley Balanced Use and Traffic Control Initiative on the November 1994 election ballot without first collecting the necessary voter signatures. His comments from that meeting are attached as Exhibit 1. Staff has identified the potential consequences of Council's alternative responses to the initiative request. ALTERNATIVE 1. Direct the City Attorney to return with documents necessary to place the proposed initiative on the November election ballot. Staff does not recommend this alternative for the following reasons. a. The comprehensive planning process required under state law and sound planning practices would be circumvented by this approach. The City General Plan was developed through an extensive public participation process over a number of years and represents a balanced approach to meet the needs of the entire community. Council's placing of the initiative on the ballot would set an undesirable precedent for future instances in which a group of residents do not want a development approved even though it is compliance with the General Plan and Growth Management Standards. Citizens have the right to place an initiative on the ballot, but should not expect the City Council to place an initiative on the ballot for them if they are unable to meet requirements regarding the collection of signatures. b. Green Valley land use issues would be more appropriately addressed through the development review process instead of a citywide initiative process because they are not issues dealing with a citywide vision or policy, but with neighborhood concerns. The development review process will allow for those most interested in the project, such as area residents, activist groups, and property owners, to be most involved in the decision making process, instead of expecting residents who are not as well informed on those issues to make a hurried decision in the voter' booth on a very complex land use matter.01 •H 01 c. The initiative leaves many land use questions unanswered. For example, it does not describe what uses will be allowed or prohibited in the areas to be set aside for passive uses. It also does not provide an explanation for what will be allowed in the "Red Barn" area. These and other questions would be discussed and settled as part of the standard development review process. d. By placing the initiative on the ballot, the property owners may allege that they have been deprived of their right to due process of review for their desired project to determine if it is consistent with the City's General Plan and Growth Management Plan. e. If voters approve the initiative, no public hearings would be held on the General Plan Amendment before either the Planning Commission or the City Council. PAGE TWO OF AGEND/ ,o_L NO. f. A General Plan amendment through the initiative process would not receive environmental review as submittal of proposals to a vote of the people is not a project for purposes of the California Environmental Quality Act. g. Once the General Plan is amended through this process, it could not be changed by this Council or a future Council, even if the community's needs or desires change, without a subsequent vote of the people. h. Council's placing the initiative on the ballot may eliminate or circumvent a fiscal analysis of the amendment and an analysis of the consistency between the initiative and other elements of the General Plan, including the land use and housing elements. i. Approval of the initiative may render inapplicable or unusable certain portions of the comprehensive General Plan Update now being processed. ALTERNATIVE 2. Take no action at this time and respond to the outcome of the initiative attempt if an adequate amount of signatures are collected according to state law. Staff recommends that this alternative be selected for the following reasons. a. The developer will be allowed to continue working with staff and area residents to address the outstanding issues still to be resolved on the project. Planning efforts now underway with property owners and other local agencies concerning this area should continue in the search for long range solutions to potential regional problems. b. By proceeding through the planning process, all parties will be allowed a fair chance to participate and have the outcome of the development decided according to established procedures. c. Residents may follow referendum procedures if concerns remain following City approvals. d. The issue of whether or not a General Plan can be amended by initiative Is pending before the State Supreme Court and a decision is not expected until next year. If the court determines that this vehicle is improper, an election, whether general or special, may be moot. FISCAL IMPACT: A special election could cost approximately $120,000. Including the initiative on the November general election ballot would add approximately $5,000 to the cost of that election. In both cases, additional staff time in an undetermined amount would also be expended in preparing election related materials. Exhibit: 1. Comments from Robert Payne during June 29, 1994 City Council Meeting. ROBERT PAYNE 28 JUNE, 1 994 POST OFFICE BOX 3073 CARLSBAD 92009 TEL#753-°007 TO THE MAYORJAND THE CITY COUNCIL The Carlsbad Citizens Group for Regional Planning/ is now circulating an lnitiative,yThe Green Valley Balanced Use and Traffic Control Initiative of 1994. This Initiajtive^iddresse^/the future development of the last open land on Carlsbad's south border. We will deposit our books of signatures with the City Clerk on the 7th of July to qualify for a November vote. RegardLess^of our signature count, we ask that the Council place this Initiative on the ballot. If/or any reason our books do not contain enough correct and verified signatures to equal the J_0% required by city law, we mtend to continue our signature drive until we gain the 1 5% required to trigger a special election. It is a certainty^that we qualify our Initiative for a vote. The only question/is whether the people of Carlsbad will decide this issue in jMovember/or if they will vote later in a special election. , We are aware/that spec|aj_elections cost /the city money. / """ ""~ ' We ask you /to avoid this unnecessary expense. Put the. .Initiative on the ballot. You did this to resolve the Legc/controversy. Now/foe ask you to extend the same cdurtesyio our Initiative. Wejirge the City Council to take this opportunity/ to avoid/the expense of a special election. ' Thej/ote/on the Initiative/will be an for the peopleof Carlsbad to voice their opjnion/on the concept/of plan nea regional development] ' Remember: the issue of Green Valley development filled/the Council Chambers/ with Carlsbad citizens. Many other people crowded outside/^to watch television monitors as we presented our response^to thje _ prnjprt propos,^/ and the deeply flawed Environmental ImpactReport. Hundreds /6f people attended that meeting, three spoke/against it, and not one Carlsbad citizen spoke for it./ We urgjet/you to make the correct and obvious decisipn-'rta place the Green Valley Balanced Use and Traffic Control Initiative on the November Ballot for the citizens of Carlsbad. / / / I Q/tTgj»lacQthis issue on thej?ailoi^gstsj^ To^ force a special election will cost thouads of lake the ^omecFand obvious decision. Put the Green Valley Initiative on the NgyenibfiiLbalTot.. ROBERT PAYNE JULY, } 994 POST OFFICE BOX 3073 CARLSBAD 92009 TO THE MAYOR AND THE CITY COUNCIL Last week, I spoke here. I asked that the City Council place the The Green Valley Balanced Use and Traffic Control Initiative of 1994 on the November ballot. I emphasized that our group would place the Green Valley Initiative on the ballot regardless of the 10% or the 15% required signatures. Only the question of the date of the vote and the expense of the vote remained. We could not verify the number of signatures in our books by the 7th of July deadline. Therefore, we will continue gathering signatures until we gain the required 15% verified signatures. This will force a special election on the City of Carlsbad. Unless the City Council places the initiative on the November ballot. In response to my request last week, I received this document, titled Green Valley Initiative Request, with the code AB# 12,772. I do not know what city office prepared this document. The individuals responsible are named only as, STAFF. The STAFF recommends that the City Council refuse to put the initiative on the November ballot. The STAFF believes the Initiative will create a undesirable precedent. The STAFF states that the Hunt brothers' speculative projects in Green Valley are in compliance with the General Plan. The STAFF states that the Hunt brothers speculative projects in Green Valley are more appropriately addressed through the development review process. The STAFF states that the Hunt brothers speculative projects are only a neighborhood concern. The STAFF states that the uninformed residents of Carlsbad cannot make a decision on a very complex land use matter. I want to remind the Council that the Hunt brothers cannot continue with their speculative projects without changes in the General Plan. I want to remind the Council that the Hunt brothers and the City Planning Office failed to follow the development review process. I want to remind the Council that we filled these chambers and the sidewalks outside these chambers with hundreds of Carlsbad citizens from all over Carlsbad. I want to remind the Council that the citizens of Carlsbad spoke against the speculative projects the Hunt brothers wanted to impose on our city. I want to remind the Council that the citizens of Carlsbad forced the Hunt brothers to withdraw their spec projects. And perhaps here we did set a precedent: The citizens of Carlsbad decided what the citizens of Carlsbad wanted in their city. Not what the STAFF wanted. What the citizens wanted. In a sense, the citizens of Carlsbad voted. That's all we want. We want to vote on the future of our city. STAFF cannot stop this. The City Council can make this possible. At the lowest possible cost. We will vote. The question is when and at what cost. Again, I ask the Council to make the obvious and correct decision. Spare the City of Carlsbad the expense of a special election. Put the Green Valley Initiative on the November ballot. Carlsbad Partners, Ltd."•• GREPN CROSSINGS Suite 100 Carlsbad. Cfi 32003 July 12, 1994 Mayor Claude Lewis and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Re: Green Valley Ballot Petition Agenda Item 10 Honorable Mayor Lewis and City Council Members, From the outset of our planning efforts for Green Valley Crossings, we have committed to following all the policies and procedures prescribed by your Growth Management Plan. From the outset we have proposed a project with over 70 percent open space and an overall development intensity below that provided for in Growth Management. Our proposed project is consistent with the intent of your General Plan, is an appropriate use of the property, meets Carlsbad's needs for commercial retail space, provides that adequate public facilities be in place prior to occupancy, and was approved by the Planning Commission. The request before you today, to place the Green Valley Balanced Use and Traffic Control Initiative of 1994 on the November ballot is inappropriate at this time, and totally ignores the award winning urban planning and growth management plan and procedures Carlsbad has been successfully using since 1986. In addition, the petition ignores due process, pre-empts property rights, and penalizes the project applicant for following your rules. On the very evening that you directed us to work with your staff and the community to resolve issues raised during the public hearing, we were informed by the Carlsbad Citizen Group for Regional Planning that a ballot initiative would be filed with the City Clerk. As we worked in good faith with your staff to address regional traffic issues, we were denied access to CCG meetings as they planned their strategy to block our project through the initiative process. Since CCG has not provided the necessary signatures, we respectfully ask that you do not voluntarily place their initiative on the November ballot. We should be allowed to comply with your instructions to further analyze regional traffic impacts and mitigations before final judgements about the project are made. We should be afforded the opportunity to address the concerns expressed during the public hearing before General Plan changes are made which impact the financial viability of providing mandated public facilities. As elected representatives for all citizens in Carlsbad, you should not jeopardize the City's long established and proven Growth Management policies and procedures, which the community at large approved, by allowing ad hoc planning though the initiative process by special interests which do not represent the entire Carlsbad community. Yours truly, Marinus W. Baak, P.E. Owner's Representative Green Valley Crossings