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Home My WebLink About1995-03-28; City Council; 13076; GREEN VALLEY INITIATIVE PETITION6- rl a rd a, e; k? M c .rl cd rl 4 u a, ti .rl uQ m -rl $4- - hS au cdrd ah a, z 5s uu a0 4 urd mrl am u4 rd am 0 P -I 52 rl $a, A n n L uu 0 ac 0 *d P 5 .rl 2 crd u !-I -rl lu u *rl a,c .rl c $4H Oh arl rl hrd rl 0 ha, a, U a,& c cu u s au a,@ url .rl u .rl -4 % uw orl z h 0 i= TI 0 e z 3 0 0 4- -I $4 +I 0 bo u a, ua, 2 a,> UF: Wh *rl L9 a, a, d u u U 3 Srl u u m a, ua a, $40 a c B 3 40 u .d a, d uu 60 la, n h \ N \ a Clpl) OF CARLSBAD - AGENqP BILL 78 6 CITY ATTY~ DEPT. CA CITY MGG - DEPT. HD. - GREEN VALLEY INITIATIVE PETITION AB # /3- TITLE: MTG. 3/28/95 RECOMMENDED ACTION: By minute motion, direct the City Clerk to prepare the necessar' documents to place the Green Valley Initiative on the ballot fo the next regular municipal election, which will occur on Novemb 5, 1996. ITEM EXPLANATION The City Clerk certified the Green Valley Initiative Petition a adequate having obtained more than ten percent of the required registered voters' signatures at the Council meeting of January 17, 1995. At that meeting, the City Council acknowledged recei of the Clerk's certification of the Green Valley Initiative and ordered a report on the effect of the proposed initiative on a1 of the following: 1, Its fiscal impact. 2, Its effect on the internal consistency of the City's Gener 3, Legal impacts including the effect of the pending Californ At its regular meeting of Tuesday, February 21, 1995, the City Council received and accepted the report addressing these issue The purpose of that report is to educate and inform the electorate of the consequences of adopting the proposed initiative. public libraries, and the City Attorney's office. The City Council also deferred action on the initiative until t Supreme Court's decision in the Devita case. That decision was issued on March 6, 1995 upholding the right of general plan amendments by initiative. (Richard M. Devita v. County of Napa (1995) 95 Daily Journal DAR 2999). Therefore, at this time the alternatives are to: Plan and Specific Plan. Supreme Court decision in Devita v. County of Napa. It has now been placed on file in the City Hall, 0 0 Direct staff to return with documents placing the Adopt the initiative without alteration initiative before the voters at a special election Direct staff to return with documents placing the initiative on the next regular municipal election The next regular municipal election is scheduled for November 5 1996. The initiative will become valid and binding if a majorj of the voters vote in favor of the Green Valley Initiative at this election. The initiative shall be considered adopted on t date the election results are certified by the clerk and shall into effect ten days after that date. 4 r e * Agenda Bill # /3074 Page 2 If the Council directs staff to place the Green Valley Initiati- on the ballot for the next regular municipal election, staff wi return with documents and a calendar indicating dates for submission of arguments for and against the proposed initiative and the impartial analysis to be prepared by the City Attorney. The City Clerk shall fix and determine a reasonable date prior the election for the submission of arguments. FISCAL IMPACT The next known election in the City of Carlsbad will be the primary, which will occur in March 1996 (rather than June 1996) If the City Council determines to call a special election and place the Green Valley Initiative on the ballot for the March 1996 election, the election cost is estimated at $15,000. To place the Green Valley Initiative on the November 5, 1996 ballol will cost an estimated $5,000. EXHIBITS None 3 "F VST* LG e4-4 %/$) ,{ P & CC/GV CARLSBD CITIZENS/GREEN VALLEY March 9, 1995 %$$ CTj SUBJECT: Request for Prompt Approval of Green Valley Initiative Dear Mayor Lewis and Members of Carlsbad City Council: In view of the Supreme Court's decision in the Devita case which was adverse to the property owner, we request immediate approval of the Green Valley Initiative as celltified to be Fut on tte balls% at Lha next reguiar city election, as also previously requested. Our State Constitution places great importance, hence urgency, on adoption of citizen initiatives when it says in Article 11, Voting, Initiative and Referendum, and Recall, Section 1, Nature of Government: "A11 political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require." Section 9212 of the Elections Code allows not more than 30 days for reports requested by the legislative body to be returned implying that initiatives should be handled with great dispatch. The Green Valley Initiative Report took 35 days acd the wait for the Devita decision has taken several weeks more. The Initiative is a complete plan for Green Valley prepared by competent city planners and endorsed by more than 5000 registered voters (13% of the total registration). It will provide for Carlsbad Partners an estimated 3900 percent return on Its residual land value alone when the estimated original purchase price and the $78,000 residual value per acre cited in the Onaka report are compared. It will also manifestly serve the public good by avoiding another regionai crime center and traffic nightmare, and by protecting the values of present property owners. Carlsbad Partners voluntarily withdrew their plan for Green Valley in May 1994, have not met with leaders of the Green Valley Initiative to forge an alternate plan, and have no plan before the Council at present. Thus, concerns of possible lawsuit (s) due to hypothetical financial ' loss' by the Partners or 'loss' of theoretical revenues to the city because of non- adoption of other plans not in being seems unlikely unless representations were made that some other plan would be adopted, or threats of legal action were made to influence legislation which seems equally unlikely. 7720B El Cammo Real Surte 282. Carlsbad, 92009 phone 632-1961 9 q MayorICity Council - Carlsbad March 9, 1995 Green Valley - 2 Please advise us in writing when the Green Valley Initiative will be approved for the ballot. Further delays are not in the interest of the public good as it was expressed by 5000 voters. Bor will it serve the public interest if the City were to work alone or in concert with any other party directly or indirectly to further delay and/or thwart the Initiative. Sincere 1 y , # F& . arge 'knt * Carlsbad CitizensIGreen Valley e 0 I ** ROBERT PAYNE CARLSBAD ENVIRONMENTAL QUALITY ADVOCATES 632 - 1961 POST OFFICE BOX 3073 CARLSBAD, CALIFORNIA 92009 TO THE MAYOR AND CITY COUNCIL: The Carlsbad City Council and the City Staff assert that the Green Valley Initiative "would constitute an economic taking" of the Hunt brothers property on the west side of El Camino Real and south of La Costa Avenue. They assert this hypothetical "taking" would lead to a lawsuit to recover the lost value of the property. Allow me the opportunity to question this assertion. In the late 1970ts, San Diego County zoning limited the use of Green Valley to agriculture. The Hunt brothers of Dallas, Texas purchased the agricultural land of Green Valley for their Placid Oil subsidiary. Later, they transferred Green Valley to their land subsidiary, Hunt Properties Incorporated. Working with the Carlsbad City Council, they won transfer of Green Valley from County of San Diego to the City of Carlsbad. The City of Carlsbad in the next years upzoned the bluffs, flower fields, and creek of Green Valley from agricultural to combined office / retail / residential. This zoning change raised the assessed value of the property from less than one million dollars in total to the Hunt brothers' declared valuation of nine point seven million dollars. This information is on file at the County tax assessor's office. The upzoning did not involve the actual building of offices, retail stores, or homes. The City Council only changed the zoning. This zoning change upped the value of Green Valley from less than $1 million to a hypothetical nine point seven million dollars. In January 1994, the Hunt brothers proposed another project for Green Valley. This project required changes in the zoning and general plan to build 600,000 square feet of regional discount stores and 400 low rent apartments. This urban-scale project prompted citizens to write and circulate the Green Valley Initiative to protect the existing neighborhoods and existing retail centers of Carlsbad. In response, the City has repeatedly stated that the residential and retail center envisioned by the Initiative would not allow the Hunt brothers to take the full value of their property. In studies and presentations, the City staffers say the future value of the Hunt brothers' property, if their project is approved, will READ a. ggEsgJ-r~~ yo CITY ~LLRL O~RRIEJ~ PaG~lt comMEh17 ffT pdE Af/q/95- COCA hl CIL r"/lEEcS'i-IEJ~- e * *. be twenty four million dollars. The Hunt brothers will realize a presumed increase from the hypothetical nine point million dollars land value to a hypothetical twenty four million dollars land value with only the approval of their future project, not the building of their project. The City Council, the City Staff, the City Attorney, and now their supporters say the Hunt brothers will sue the City of Carlsbad if the residents do not allow the increase in value from the hypo- thetical nine point seven million dollars to the hypothetical twenty four million dollars. I do not understand this. The Hunt brothers bought agricultural land for one of their oil companies, they transferred the land to their property division, the City of Carlsbad granted zoning changes for a proposed project -- and these zoning changes multiplied the value of Green Valley from less than one million dollars to almost ten million dollars. Now they will sue if the City does not grant more zoning changes for another proposed project? The present nine point seven million value is hypothetical. The future twenty four million dollar value is hypothetical. Hypothetical is another word for imaginary. Zoning changes granted by the City of Carlsbad upped the hypothetical value of Green Valley from less than one million dollars to almost ten million dollars. Now, if the City does not grant a higher imaginary value of twenty four million dollars, the Hunt brothers will sue? What court will accept a lawsuit based on imaginary numbers? e 0 I CITY COUNCIL 7 MARCH, 1995 My comments refer to: THE STAFF PRESENTATION ON THE GREEN VALLEY INITIATIVE At the City Council meeting of 21 February 1995, Director of Financial Management Jim Elliot introduced a financial consultant he described as, quote independent unquote. Mr. Elliot hired this quote independent unquote consultantto study the financial consequences of the Green Valley Initiative. I question the use of the word independent by Mr. Elliot. This is the resume of the consultant. I edited the resume to show contracts from the City of Carlsbad. 11 of his 37 contracts came from the City of Carlsbad. In his career as a consultant, he received more contracts from the City of Carlsbad than from any other client. Mr. Elliot of the City Staff hired a consultant who relies on contracts from the City of Carlsbad to write a quote independent unquote report. Now to his earlier employment. In the years 1983 through 1990, this financial consultant worked for P & D Technologies. P & D technologies is the consultant firm employed by the famous Hunt brothers of Dallas Texas, also known as Carlsbad Partners, Limited. This consultant worked for P & D technologies during the time span in which the Hunt brothers upzoned Green Valley from agricultural to retail/office/residential. This consultant worked with P & D Technologies to rezone Green Valley for vast urban-scale projects. And Mr. Elliot of the City Staff hired this consultant to evaluate a citizen initiative rezoning Green Valley for development compatible to Carlsbad neighborhoods. This consultant evaluated an initiative redesigning his own work. Get serious, Elliot. co.n&m &'i- 3/7+/75- CUGfdcrL ~&67-N( 2640 ,0~6'(r36 ?MQLLc $" ROfi,%-l @WE 1 0 e ,. Strike the report from the record. And the expense of this report by the quote independent unquote consultant? I want Mr. Elliot to pay back the City of Carlsbad. This is only one more example of City Staff waste of taxpayer money. ROBERT PAYNE CEQA / CARLSBAD ENVIRONMENTAL QUALITY ADVOCATES POST OFFICE BOX 3073 CARLSBAD CALIFORNIA 92009 TELEPHONE: 632 - 1961 0 0 JUN ONAKA, Ph.D. Principal ONAKA PLANNING & ECONOMICS.:, 0 Encinitas, California With over 23 years of experience, Dr. Onaka provides consultation services in the fields of economic and fiscal impact studies and financing of public services, infrastructure development, and open space acquisition. Recent Projects ,I Implementation and fin = . H . . . . m = . g plan for the City of Carlsbad's 5,500-acre Habitat Management Plan. Feasibility study of a $7,800,000, 1913/1915 Act assessment district for Avenida Encinas in Carlsbad, CA. Fiscal impact stu of Camino Village, a 63,000-sq. ft. neighborhood shopping center located in Carlsbad, CA. Fiscal impact study of Poinsettia Shores, a 163-acre planned residential and visitor commercial development in Carlsbad, CA. Fiscal impact study of Aviara Master Plan Amendment, a 1,40O-acre, 2,002-unit residential, resort hotel, and golf course project in Carlsbad, CA. Feasibility study for a $28,700,000, 1913/1915 Act assessment district for construction of MeIrose Avenue south of PaIomar Airport Road in Carlsbad, CA. Fiscal impact study-of Skbi iesiden6al project, a 69-acre; 340-unit planned residential development in CarIsbad, CA. Fiscal impact shdy of The Villages of La Costa, a 480-acreY 1,000-unit planned residential development in Carlsbad, CA. Feasibility studies for the Carlsbad Unified School District Community Facilities District No. I ($12,175,000 bond issue) for Alga Road School in Carlsbad, CA. Feasibility studies for the acquisition and construction of Alga Road and Poinsettia Lane, for the City of Carlsbad Assessment District No. 88-1 ($21,000,000 bond issue). Facilities financing plans - for __ five local facilities management zones in Carlsbad, CA. '' Professional History Onaka Planning '& Economics, Encinitas, CA - Principal - 1991 -Present P&D Technologies, San Diego, CA - Senior Project Manager - 1983-1991 Carnegie-Mellon University, Pittsburgh, PA - Assistant Professor of Urban and Regional Planning Kenzo Tange and URTEC, Tokyo, Japan - Urban Planner - 1973-1975, 1977 Education Ph.D., Urban Planning, University of California at Los Angeles (1980) M.Arch, Architecture, Harvard Graduate School of Design (1972) A.B. (Magna Cum Laude), Mathematics and Economics, Harvard College (1969) - 1980-1983 . 0 \ March 3, 1995 Carlsbad Citizens Group for Regional Planning 7623 Rustic0 Drive Carlsbad, CA 92009 REFUND OF GREEN VALLEY INITIATIVE FEE My records show that on May 25, 1994, your group paid the $200 filing fee when you filed the Notice of Intent on the Green Valley Park, Open Space, and Traffic Control Initiative. Section 9202(b) of the California Elections Code states that the fee "shall be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition". At the City Council meeting held January 17, 1995, the sufficiency of the petition was certified. Therefore, I am processing the paperwork to refund your $200. If you have any questions concerning the above, please call me. &&"W City Clerk B 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 March 3, 1995 Mr. Robert Payne P. 0. Box 3073 Carlsbad, CA 92009 REFUND OF GREEN VALLEY INITIATIVE FEE My records show that on May 10, 1994, you paid the $200 filing fee when you filed a Notice of Intent on the Green Valley Park, Open Space, and Traffic Control Initiative. Section 9202(b) of the California Elections Code states that the fee "shall be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition". At the City Council meeting held January 17, 1995, the sufficiency of the petition was certified. Therefore, I am processing the paperwork to refund your $200. If you have any questions concerning the above, please call me. LEE 4a RAUTENKRANZ + City Clerk 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 6 0 c 95 02 21 WRITTEN AT CITY COUNCIL MEETING / GREEN VAL IT IS NOT SURPRISING THAT CITY STAFF OPPOSES THE GREEN VALLEY INITIATIVE. THE CITY STAFF NEEDS THE INCOME FROM THE REGIONAL DISCOUNT CENTER TO PAY THEIR OWN SALARIES. THE CITY COMMUNITY DEVELOPMENT DEPARTMENT NOW RUNS A DEFICIT OF 4 AND ONE HALF MILLION DOLLARS PER YEAR. THIS MONEY MAINTAINS A STAFF AT A PERSONNEL NUMBER NECESSARY TO PROCESS BUILDING PERMITS AT THE 1988 LEVEL OF BUILDING ACTIVITY. THE PRESENT STAFFING LEVEL IGNORES THE REAL ESTATE CRASH. DESPITE THE CRASH, THE CITY STAFF ENJOYS FULL SALARIES, MAXIMUM BENEFITS, WITH PROTECTED EMPLOYMENT. IN SHORT, GREEN VALI;EY WILL NOT BE DEVELOPED TO MEET THE NEEDS OF THE COMMUNITY. IF THE CITY ACCEPTS THE HUNT BROTHERS PROJECTS, GREEN VALLEY WILL BE PAVED TO PAY THE SALARIES OF A CITY STAFF WELFARE STATE. OF THE STAFF, BY THE STAFF, FOR THE STAFF. ROBERT PAYNE CEQA / CARLSBAD ENVIRONMENTAL QUALITY ADVOCATES POST OFFICE BOX 3073 CARLSBAD, CALIFORNIA 92009 632 - 1961