HomeMy WebLinkAbout1996-06-25; City Council; 13720; PROPOSAL FOR FLOWER FIELDS FOUNDATION AND USE OF CARLSBAD RANCH AGRICULTURE FEESa *. A+ @ CITY OF CARLSBAD - AG,.*JDA BILL bL+ kL
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CITY Am AGRICULTURE FEES MTG’ ’6 DEPTjD. TITLE: PROPOSAL FOR FLOWER FIELDS
FC)UNDATION AND USE OF CARLSBAD RANCH
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RECOMMENDED ACTION:
I Adopt Resolution No. caL-’3expressing support for the creation of the Carlsbad Flower Field
(CFFF) which is proposed to be a non-profit organization for the purpose of encouraging lonl
production at Carlsbad Ranch.
Adopt Resolution No. 96 -AJ%xpressing support for legislation that would “recycle” Wi
Cancellation Fees to the Carlsbad Flower Fields Foundation to serve as an endowment to fund
aid flower production at Carlsbad Ranch W‘opt.ResaLdro*d [go, .9~2-,~33 - a~p~ess;n3; ~upfO,-f ~~,+sserhb[
ITEM EXPLANATION: Ma4 a&s3&eLeo3:.%n), 3
As part of the agreement on the Flower Fields reached between the City and the Carltas Comp; - Cn 5 !-
and the Coastal Agriculture Mitigation fees) returned directly to Carlsbad to be used to suppol h; 9 ‘A
supporting having all or most of the agriculture fees paid by the project (Williamson Act can1 cd d 1
Carlsbad Ranch project was approved, the City agreed to consider two items. First was
m NO cH id efforts in the City, particularly efforts aimed at helping the long-term preservation of the Flc
a bo C Second was to consider the formation of a Flower Fields Foundation to assist in these efforts. a El I;
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The Carltas Company has now requested that a Flower Fields Foundation be formed. T
pursuing items at the State level to have the agriculture fees they will be paying directed to the
N .e :X .^ I u h If successful, the proposal is to have the fees put into an endowment fund controlled and adn
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the Foundation. Interest earnings from the endowment fund would be used for research grants
the Foundation which would help the continuation of the floriculture business in Carlsbad parti
grants which can aid in the long-term preservation of the Flower Fields.
Because the flower fields are seen as a significant public benefit, and the citizens have
expressed an interest in maintaining this feature of the Carlsbad Ranch, the City has been
finding ways to support the flower fields. One way the City can show this support is by as;
creation of an independent non-profit organization (CFFF) which would seek grants, state
private donations to provide funding for research and development projects related to in
viability of local flowering crops. Staff would recommend that support of the foundation shc
on the following criteria:
1. The City should remain in control of the Board. This would ensure that the use of the funds would focus on tl
productivity of the “Flower Fields”.
2. The City should not precommit to using the funds to purchase the “Flower Fields”. There are numerous optic
guarantee flower production including an assessment district or private subsidy. It appears that the Council’s
place the primary responsibility for long term flower production on the developer. Therefore, all other option
explored before utilizing the endowment to purchase the property.
3. Related to No. 2 above, if it is determined that the endowment is no longer necessary, there should be a mech
the money for other projects consistent with the City’s LCP.
Another way to support the flower fields is for the City to endorse legislation which would gm
funding for the CFFF. Currently Carltas is sponsoring legislation aimed at allocating the major
fees associated with the Williamson contract cancellation and the coastal agricultural mitigatior
Coastal Conservancy to fund the Carlsbad Flower Fields Foundation (CFFF). Normally Willia
a. .
’.’ ’ PAGE 2 OF AGENDBILL NO. ’3; 7a0 0
contract cancellation fees are deposited into the State’s general fund and not recirculated back to
jurisdiction where the funds were originated. Therefore, in order to ensure that the Williamson 1
are returned to Carlsbad for local projects, approval of the legislation that appropriates $1.5 mill
Conservancy from the general fund is necessary and should be supported.
With respect to the agricultural mitigation fees, Carltas has sponsored legislation through Assen
Kaloogian which would modify the Public Resources Code (see Exhibit B attached to the 5/3 1/5
the City Manager). The bill would revise the priorities for the expenditure of the mitigation fee:
would allocate all of the fees paid by the Carlsbad Ranch to the CFFF. Staff has identified two
with this legislation. First, it is staffs opinion that the section of the Public Resources Code pr
amendment does not pertain to the Carlsbad Ranch (see attached memo to the City Manager dat
1996).. Staff is currently working with the California Coastal Conservancy to resolve this issue
there is currently no stipulation either in the Public Resources Code or the City’s LCP that prov
exclusive use of mitigation fees by the property that paid the fees. Staffs concern with this dete
that exclusive use by Carltas for the “Flower Fields” could be perceived as a precedent (i.e. 0th
developers required to pay the fees may want their money to benefit their projects). Additional1
exclusive use of the funds for the “Flower Fields’’ could be perceived as limiting the availabiliq
for other priority projects.
Before staff can formulate a recommendation on the Kaloogian bill, it should be determined wh
bill even applies to the Carlsbad Ranch. Staff has repeatedly expressed its concerns regarding t
Kaloogian bill to Carltas. However, Carltas appears convinced that the bill is necessary and th,
be passed this legislative session. If the Kaloogian bill is, as staff contends, inappropriate then
would have no effect on the City or Carltas. Given Carltas’ opinion that passage of the bill is ir
Council could support the bill without much risk of any negative impact. Should Council wish
the bill, staff has included a Resolution with this agenda bill.
FISCAL IMPACT:
Creation of the CFFF should have no direct fiscal impact on the City. Dedication of Wi:
Cancellation Fees and Agricultural Mitigation Fees to the CFFF could effectively earmark ?
$1.5 million (Williamson fees) and $1.5 to 3.0 million (Ag-mitigation fees) from the respectiv
the Williamson fees are not allocated to the CFFF they will be placed in the state’s general 1
not be available for use in Carlsbad. The Agricultural Mitigation Fees must fund projects in
the Kaloogian bill is inappropriate or it is not passed, the CFFF still has the option available 1
grant to fund its activities. However it would then be in competition with other proposals fc
funds.
EXHIBITS:
1. City Council Resolution No. 9b -2 3 / expressing support for the creation of the Ca
2. City Council Resolution No. 9b -8.3 &expressing support for legislation that wo
3. City Council Resolution No. 4L, -2 33 expressing support for Assembly Bil
4. Memo to the City Manager dated May 3 1, 1996 with attachments.
Fields Foundation (CFFF).
Williamson Act Cancellation Fees to the CFFF.
(Kaloogian).
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RESOLUTION NO. 9 6 - 23 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD EXPRESSING SUPPORT FOR THE CREATION
OF AN INDEPENDENT NON-PROFIT CARLSBAD FLOWER
FIELDS FOUNDATION
WHEREAS, the flower fields represent an important amenity to the Carl
Ranch project and to the City of Carlsbad; and
WHEREAS, the City is desirous of supporting appropriate measures to c
long term productivity of the flower fields; and
WHEREAS, an independent non-profit foundation dedicated to funding
and development projects related to improving the viability of local flowering crops, ar
enhance the public experience in and around the flower fields is an appropriate measurc
in ensuring the long term productivity of the flower fields.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California as follows:
The City Council formally supports the creation of the Carlsbad Flower
Foundation dedicated to ensuring the long term production of the flower fields.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit;
on the 25 th day of June ,1996 by the following vote to wit;
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila an
NOES: None
ABSTAIN: None
ABSENT:
-CmUDE A. LE%%,- Mayof -
ATTEST:
- icmk g
ALETHA L. MU
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RESOLUTION NO. 9 6 - 2 3 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD EXPRESSING SUPPORT FOR LEGISLATION
THAT WOULD APPROPRIATE $1.5 MILLION TO THE
CARLSBAD FLOWER FIELD FOUNDATION FROM THE
STATE’S GENERAL FUND
WHEREAS, Carlsbad Ranch will pay approximately $1.76 million in W
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Plan; and 8
Act Cancellation Fees in fiscal year 1996-97 associated with the development of the SF
9 WHEREAS, the cancellation fee will be deposited into the State’s Gener
10 without any mechanism to reallocate the fee to fund local projects; and
11 WHEREAS, the flower fields represent an important amenity to the Carl
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in concept, to the creation of an independent non-profit foundation to support the flowe. 14
WHEREAS, the developer of the Carlsbad Ranch project and the City hi 13
Ranch project and to the City of Carlsbad; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci 19
and development grants that would ensure the long term viability of the flower fields. 18
foundation noted above, and serve as a endowment, the interest form which could fund 17
WHEREAS, legislation is desired which would appropriate $1.5 million
Carlsbad, California as follows:
21 The City Council formally supports legislation which would appropriate
22 million to the Carlsbad Flower Fields Foundation from the State’s General Fund.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit
on the 25th day of June ,1996 by the following vote to wit;
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila i
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NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
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ALETHA L. RAUTENKRANZ, City Ckrk
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1 RESOLUTION NO. 9 6 - 23 3
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF/
CARLSBAD CALIFORNIA EXPRESSING SUPPORT FOR
ASSEMBLY BILL NO. 2683 (KALOOGINA) /
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5 WHEREAS, a developer of land in the Coastal Zone is required to pay a
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guidance of existing law; and ,/' 9
WHEREAS, these fees are managed by thestate Coastal Conservancy u 8
restriction; and 7
State of California in order to remove non-prime agriculture land ,/' fo'hn existing land use
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1. Batiquitos Lagoon , "\\,,:,>/~' 11
WHEREAS, existing law , ,dedicateF'these i funds to:
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2. Buena Viyta La&on ,..' 12 \ 'i, ,<'
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\, 'L 13 3. Beaches-:,, ,,:?' < ,i
14 4. Uses that benpfit natural resources.
15 WHEREAS, ,the Carlsbad Ranch will pay a substantial amount of mone;
16 State under this program;.and
17 WHEREAS, AB 2683, recently introduced by Assemblyman Kaloogian
18 capture these feesand allow then to be spent to help preserve the Carlsbad Ranch Flow
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20 WHEREAS, the flower fields represent an important amenity to the Car
21 Ranch project and the City of Carlsbad; and
22 WHEREAS, the developer of Carlsbad Ranch and the City have agreed!
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the C 24
concept, to the creation of an independent non-profit foundation;
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Carlsbad, California as follows: 25
The City of Carlsbad formally supports AB 2683 as proposed by Assen
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Kaloogian.
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onthe day of ,1996 by the following vote to wit; 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit
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AYES: /I
NOES:
ABSTAIN: J
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ABSENT:
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CLAUDE A. LEWIS, Mayor "i .\// L', ,
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ALETHA L. RAUTENFZ, City Clerk
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ATTEST: \ J /.
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MAY 31,1996
TO; CITY MANAGER
FROM: f? Community Development Director
PROPOSAL FOR FLOWER FIELDS FOUNDATION AND USE OF CARLSE
RANCH AGRICULTURE FEES
As part of the agreement on the Flower Fields reached between the City and the Ca
Company when the Carlsbad Ranch project was approved, the City agreed to consider two itc
First was to consider supporting having all or most of the agriculture fees paid by the prc
(Williamson Act cancellation fees and the Coastal Agriculture Mitigation fees) returned dire
to Carlsbad to be used to support floriculture efforts in the City, particularly efforts aime
helping the long-term preservation of the Flower Fields, Second was to consider the forma
of a Flower Fields Foundation to assist in these efforts.
The Carltas Company has now requested that a Flower Fields Foundation be formed. The)
also pursuing items at the State level to have the agriculture fees they will be paying directe
the Foundation. If successful, the proposal is to have the fees put into an endowment 1
controlled and administered by the Foundation. Interest earnings from the endowment 1
would be used for research grants approved by the Foundation which would help
continuation of the floriculture business in Carlsbad particularly those grants which can aid ir
long-term preservation of the Flower Fields.
Although there are numerous details which need to be worked out regarding this proposal, I
follows is a brief summary of the major items associated with the proposal.
Allocation of Agricultural Fees Directly to Carlsbad
Carltas is currently sponsoring several pieces of legislation through Kaloogian aimed at
allocating the majority of the fees associated with the Williamson contract cancellation and tf
coastal agricultural mitigation fees to the Coastal Conservancy to fund the Carlsbad Flower
Fields Foundation (CFFF). Normally Williamson contract cancellation fees are deposited int
the State’s general fund and not recirculated back to the jurisdiction where the funds were
originated. Therefore, in order to ensure that the Williamson related fees are returned to
Carlsbad for local projects, approval of the part of the Kaloogian bill that appropriates $1.5
million to the Conservancy from the general fund is necessary and should be supported.
The agricultural mitigation fees that will be paid by Carltas will be deposited with the
Conservancy and can only be expended in Carlsbad. That expenditure is based on priorities
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established by the City’ Mello 2 LCP (see attachment A). Therefore, there is currently no
mechanism that guarantees funding for the “Flower Fields”. If it is determined that agricultur
mitigation fees paid by Carltas should be used exclusively for the “Flower Fields”, then either
new enabling legislation or a LCP amendment must be approved. Staffs concern with this
determination is that exclusive use by Carltas for the “Flower Fields” could be perceived as a
precedent (i.e. other developers required to pay the fees may want their money to benefit their
projects). Additionally, Carltas’ exclusive use of the funds for the “Flower Fields” could be
perceived as limiting the availability of funds for other priority projects.
The Kaloogian Bill Relative to Agricultural Mitigation Fees
As noted above, Carltas’ strategy to ensure that its mitigation fees are expended on the Carlsbl
Flower Fields Foundation (CFFF) is to amend the Public Resources Code (see AB 2683, the
Kaloogian Bill (attachment B)). Staff review of the bill concludes that Section 30171.5 of the
pertains to agricultural lands that lie outside the Mello 1 and 2 LCP segments. Carlsbad Rancl
located within Mello 2. The Mello 1 and 2 LCPs have a similar but distinct agricultural
conversion mitigation program that includes a fee option. That program also has priorities for
the funds, two of which pertain to agriculture (see attachment A). Staff is currently consultinl
with the Conservancy on this issue. The Conservancy was unaware of the need to administer
two separate fimds-one relative to Sec. 301 71.5 and the other for property within Mello 1 and :
Therefore, the Conservancy has comingled the finds. If the Conservancy agrees with our
conclusion, and thus separates the finds, the Kaloogian Bill would be inappropriate. If howev
it is determined that Mello 1 and 2 agricultural lands are also subject‘ to Sec. 30 17 1.5 (PRC), t‘
the Kaloogian bill would be necessary to provide exclusive funding for the “Flower Fields”.
Formation of the Foundation
Carltas has submitted several iterations of its proposal to establish the Carlsbad Flower Fields
Foundation. Our understanding of the latest provisions of the proposed Foundation are as
follows:
A. The Foundation Board of Directors would be City controlled ( two staff, one Council
member, and a Council appointed representative of the flower industry).
B. The Foundation would be a non-profit corporation.
C. Its funding would come from 3 potential sources:
Public Resources Code probably does not apply to the Carlsbad Ranch, Section 30171 -5 (PRC
1. A one time $1.5 million appropriation from the State’s general fund.
2, Exclusive use of the Carlsbad Ranch payment of Coastal Agriculture Mitigation Ft
($1.5 to $3.0 million based on $5 to $10 thousand per acre and a build out projection I
3 0 1 acres).
3. An unknown amount from future grants, gifts and donations.
D. The funding would create a endowment from which the interest earned would be availablq
funding grant applications approved each year by the Board.
E. The purpose of the Foundation would be to support the flower industry. Its not clear whc
this is the flower industry in general or the flower industry on Carlsbad Ranch. Support appe
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to be primarily through grants to fund research. It is unknown whether the money could also 1
used to subsidize the flower production at the Ranch or to fund the purchase of the “Flower
Fields”.
Based on our understanding of the proposal, staff has the following concerns:
1. The City should remain in control of the Board. This would ensure that the use of the funl
would focus on the long term productivity of the “Flower Fields”.
numerous options available to guarantee flower production including an assessment distril
or private subsidy. It appeared that the Council’s intent was to place the primary
responsibility for long term flower production on the developer. Therefore, all other optio
should be explored before utilizing the endowment to purchase the property.
3. Related to No. 2 above, if it is determined that the endowment is no longer necessary, ther
should be a mechanism to use the money for other projects consistent with the LCP.
2. The City should not precommit to using the funds to purchase the “Flower Fields”, There
Next steps
Before staff can forrnulate a recommendation on the proposed legislation, we need to resolve 1
issue of separate agricultural mitigation funds for the Mello LCPs and for the agricultural lanc
covered by Sec. 30171.5 (PRC). The Coastal Conservancy has asked the City to formally sub
a study proving Carlsbad’s contention that there should be two separate funds. Staff will
complete the study and submit a formal request for the establishment of a separate fund for thc
Me110 LCPs by the first week of June. We anticipate that it could take the Conservancy anoth
30 days to respond to the City’s request. Staff will be meeting with Conservancy staff on Jut
7” informally review our findings and it is possible that we could get an informal response at t
time. We will keep you briefed on our discussions with the Conservancy on this issue.
MARTY ORENYAK
Attachments
c: Planning Director
Assistant Planning Director
1.. .. 0 0 Att;
MELLO I AND I1 LCPs
Option 3 -- Agricultural Conversion Mitigation Fee
In lieu of the procedures established by the above options, property may be converted to UI
uses upon payment of an Agricultural conversion Mitigation Fee. The amount of the fee shal
determined by the City Council at the time it considers a coastal development permit for UI
development of the property. The fee shall not be less than five thousand dollars nor more
ten thousand dollars per net converted acre of agricultural land and shall reflect the approxir
cost of preserving prime agricultural land pursuant to the off-site mitigation program (Optio~
The fees shall be paid prior to the issuance of building permits for the project. All mitiga
fees collected under this section shall be deposited in the State Coastal Conservancy Fund
shall be expended by the State Coastal Conservancy in the following order of priority:
a. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon including
not leted to payment for operati@ and. maintenance of- a'l'Lagoon enhancer
program?
b. Development of an interpretive center at Buena Vista Lagoon.
c. Restoration of beaches managed for public use in the coastal zone in the City of Carls
d. Purchase of agricultural lands for continued agricultural production within the Carl:
Coastal Zone as determined by the Carlsbad City Council.
e. Agricultural Improvements which will aid in continuation of agricultural produc
within the Carlsbad Coastal Zone as determined by the Carlsbad City Council.
For purposed of implementation, neither Option 1, nor Option 2, nor Option 3 shall have pric
over the other.
* New language added by the California Coastal Commission when it approved the Carlsbad Ranch Specific 1
in 1993.
,. r- I Draft 3/13/!3@ e At
DRAFT AMENDMENTS
(Proposed changes from current law in italics)
SECTION 1. Section 30171.5 of the Public Rcsourccs Code is amended to read:
30171.5. (a) The amount of the mitigation fee for development on nonprime
agricultural lands in the coastal zone in the City of Carhbad that lie outside of the areas
described in subdivision (0 of Section 30171 and subdivision (b) of Section 30 171 shall
be determined in the applicable segment of the local coastal program of the City of
Carlsbad, but shall not be less than five thousand dollars ($5,000), nor more than ten
thousand dollars ($lO,OOO), per acre. All mitigation fees coUectcd under this section shall
be deposited in the State Coastal Conservancy Fund.
@) All mitigation fees collected pursuant to this section are hereby appropriated
to, and shall be expended by the State Coastal Conservancy for the following purposes in
the following order of priority:
(1) Restoration of natural resources and wiIdl5e habitat in Batiquitos Lagoon.
(2) Development of an interpretive center a! Buena Vista Lagoon.
(3) Provision of access to public beaches in the City of CarlsbacL
(4) hy other project or activity benefiting or enhancing the use of natural
resources or open field cultivated floriculture in the coastal zone in the City of Carisbad
that is provided for in the local coastal program of the City of Carlsbad.
(c) Not Iess thm 50 percent of collected and bonded mitigation fws shall be
expended for the purpose specified in paragraph (1) of subdivision (b), except that all
mitigation fees collected for the Crnlsbad Ranch project, as specified in Civ of Carlsbad
Foundation program of field cultivated floriculture, as specified in paragraph (4) of
subdivision (b),
CiO Council Resolution 96.1, shall be expended for a Carlsbad Flower Field
(d) Other than 90 mitigate the agricultural conversion impacts for which they are
collected, none of he mitigation fees collected pursuant to this section shall be used for
elements of a project which case that project to be in compliance with this division or to
mitigate a project which would otherwise be inconsistent with this division. When
reviewing a potential project for consistency with this subdivision, the State Coastal
Conservancy shall mnsult with the commission.
temp/carlmch/lgdrftl .doc
,. t JUN-25-1996 13:z'j i"lISSION WESTlGIBBS QUIRT1 ,++ w: r p,upd- p. 02
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Batiquitos Lagoon Foundation vA Preserve, Pxotect, and Enhaacc
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i\ -x #$/ Post Office Box 3103
Carlsbad, CaliIornia 92009
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25 June 1996
Mayor Bud Lewis
city of carlsbad
1200 CarlsbadVillage Drive
Carisbad, CA 92008
Re: City Coancil Agenda Item 17 "To consider expressing support for Assembly Bill No 2683
Dear Mayor Lewis:
The City is being asked to express suppcn for Assembly BilI No. 2683 (Kalwgian) the intent of which is to modify the priorities set forth in the Coastal Act for expenditure of agricultural
mitigation fees. The Foundation believes that City support for this bill is premature.
During the 1970's and 1980's the City ofcarlsbad and California Coastal Commission debated the
necessity of preservation of agricultural operations Iitemlly in perpetuity, As you no doubt xecall
the Coastal Commission WUW agridtmal land preseaved in perpetuity. It was the consistent position of the Carlsbad City Council thar, dbgh agricultural operaaons were wdanned as
long as the farmer wished to fiaq mandating preservation was not appropriate. "he City wzs
very concerned about arrificially manipulating the farmlaxi economy and meddling in individual
praperty owners long-term property rights. Thus, agricultural operations were not considered as
"build out" land uses undm the General Plaa
Through years of negotiation various agricultural mitigaion programs were aid. Initially, the
Coastal Commission simply imposed an arbitrary and unwanted program on the City. Later
special legisladon, supported by the City, *wexi a simple fee payment to permit conversion from
agricultural uses (PRC 30171.5). In 1985 the Coastal Commission and City came to agreement
on the conversion process. It was the City's position that a process to allow conversion wwld be
a part of the Local Coastal Program (LCP), and that part of this program would be a payment of a
fee to convert. That fee would be accumulated and ultimately expended only in Ca-rlsbad (not
other parts of the State). The allocation of rhose funds would have no connection or relationship
to maintenance of agriculnral operations, but would benefit other 'katurd resources" in the
Coasral Zone.
Tourism is a desirable and irnportmnt part of the Carlsbad image and economy- However support
of tourist attractions through the allocation of agricultural mitigation fees was nevcr intended by
rhe special legislation or Carlsbad LCP provisions. The areas of expenditure cited in the Coastal
I. ‘ JUN-25-1996 13: 29 MISSION WEST/GIBBS QUIFITI e 0 P. 0:
‘ .a
An clearly focus on preservation and enhancement of “natural resources”. Specific natutai
resources and activities cited in the Act and LCP include: Batiquitos and Agua Hedionda Lagoons, conmation of wildlife habiw restorntion of beaches and other programs benefitting
natural res0urce.s- It is clear that the intent of the negotiated agreement was to make a connection between agriculwal conversion and benefit to natural resources.
Redirecting funding from agriculaual conversion to sowes other than natural resources my or
may not be worthwhile. However, an arbitrary change in policy as proposed in AB 2683, is not
appropriate at this time. At a minimum the proposed policy change is wonhy of detailed staff
analysis and public consideration before any changes in priorities are made.
Thank you for your consideration. I hope you find this infomution useful.
M# SinERlY
_-. -.
Seth Schulberg -x“
Resident
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BEIW PRES!3 is an independent publishing cmpany analysing
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January 19, 1996
Mr. Bill Ponder - Planner, Carlsbad Area California Coastal Commission
Dear Mr, Ponder;
As a follow-up to the our telephone conversation on January 10, 1996, we are sending the following items for your consideration of the Carlsbad Ranch LCP amendment proposal: Bexen Press' comments on the Draft EIR and additional information addressing the future of the Flower
Fields.
Bexen Press is an independent publisher tracking
government policy and real estate. In this capacity, we have followed the Carlsbad.Ranch/LEGO project since it was first unveiled at a developer, staff, Sacramento and local officials' meeting at Carlsbad City Hall on March 17, 1993.
At that meeting, everything was in place: LEGO, the Gemological Institute, Pointe Resort, offices, retail (but
and of course the Flower Fields.
not an outlet mall; that was not added until late in 1995),
As recently as November 1995, the developer's direct mailing "Carlsbad Ranch News: A Report to the Residents of Carlsbad", said:
"The 'Specific Plan' for Carlsbad Ranch includes not
only Lcgoland, but a resort hotel and golf course, a
smaller, family 'suites' hotel, a corporate office and R&D park, the headquarters of the Gemological 1nstitutc.of America, and a specialty retail center. In addition, approximately one-third of the land --
including the historic flower fields -- will be preserved as open space."
Later in the same publication:
"The Carlsbad Ranch Specific Plan requires
preservation of nearly 125 acres of open space,
including the existing Flower Fields. Development of the other projects within Carlsbad Ranch contributes to the financial feasibility of preserving these fields. Our goal in designing the surrounding buildings has been to retain views and easy public access. ''
BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-060g
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We are devastated by the loss of these Flower Fields.
Preserving floriculture, not merely agriculture, on
those acres is an issue of special local concern, the kind
of local concern Local Coastal Plans are meant to address.
The Flower Fields are not just a farm. Not unlike the cherry trees in Washington, DC, people look forward to the fields year after year.
Over 200,000 people visited them in a six week period in 1995.
Now the city has thrown them away,
There is nothing in the present agreement with Carlsbad Ranch that guarantees that those slopes will be planted with flowers at all.
It is the city that has always made the Flower Fields the key issue with the Carlsbad Ranch development. Ever since the LEGO plans were announced in March of 1993 the public has always been assured that no matter what happens, the Flower Fields would be there forever.
The city created and campaigned hard for the &EGO
advisory vote which won in June 1994, The measure asked, could you accept LEGO at 1.8 million visitors a year (compare to the 2.2 million visitor figure used since then) as long as the fields are saved?
Maintaining the ranunculus fields was the carrot
dangled in front of the voters. What a nice addition LEO0 park would be, people were told.
Suddenly, in late 1995, when the project reached the Carlsbad Planning Commission, there were no stipulations about planting flowers at all.
"I am not going to provide you a landscaped hill,"
the applicant informed the commission.
He repeated that comment at the city council
hearing.
So it appears that the promise of continued Flower
Fields is essentially a hoax.
At the eleventh hour, after all the years this
project has been under discussion, all the city came up
with was a real estate contract giving Carlsbad the right of first offer on the Flower Fields after five years' notice.
BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609
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Our elcven-year-old neighbor would have cut a better deal.
The City council approved Carlsbad Ranch with
virtually a0 discussion. One councilmember lectured the audience about how hard the council worked on the project. You all have to understand, we were told, that the city really couldn't possibly direct a private business how to
undertake their operations.
Her comments seem disingenuous coming from a city that mandates that homebuilders include 15% low-income
housing in their projects or face stiff assessments to build them elsewhere.
We have been told that some people assumed that the developer would dedicate the Flower Fields to the city in exchange for approval of the project.
The city has thrown away every trump card by nat insisting on the maintenance of the fields now. Now it has no leverage at all, because there will be no further development on the Carlsbad Ranch. Therefore, Carlsbad will not have another opportunity to bargain for the Flower
Fields from the developer.
Bexen Press feels that the Flower Fields are not
going to be around for very long. The city council heard on January 9 the applicant giving a very bleak picture of the flower industry. Furthermore, a couple of years ago, the applicant obtained a loan from the California Coastal Conservancy to assist him in planting flowers. This
information further shows that promises of perpetual fields
to the public were never based on fact, but rather were used as an inducement €or voter approval.
We understand that agricultural conversion fees are available to the city. This money should only be earmarked for the Flower Fields to fulfill the promise to the residents, and, in a small way, to compensate for the failure of the city council to insist on the Flower Fields'
preservation at the time when the council had the
opportunity.
If these funds are already targeted for other uses, that will have to be changed.
We AOW want to present a proposal to you to preserve
the Flower Fields, at least in part, immediately.
We appreciate the fact that it may be impossible to maintain full acreage of ranunculus. However, we propose that some ranunculus are planted in an
BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609
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agricultural/horticultural demonstration garden and educational park.
Such a concept would correlate well with &EGO'S
education focus with young children and support the Coastal Act's goal to preserve agriculture. Designate this park as
showing the agricultural history of San Diego County.
Put in some benches. Sell some bulbs, and some poinsettias around Christmas. Rave the schoolchildren learn about growing crops and the area's agricultural
heritage. Don't want people traipsing through pesticide- laden fields? Make it a showcase for reduced-pesticide crop development. Plant some money-making crops too -- but not over the whole area during the Flower Field blooming season.
This park possibly could include fiscal contributions from other San Diego County areas.
What we saw happen to the Flower Fields on January 9 only reinforces Bexen Press' position that LEG0 and the rest
of the Carlsbad Ranch development was always a done deal; that the land use decision and analyses were never a local
is a predictable outcome when projects are not considered On the Same basis as any other project coming before 8 Public
agency.
decision; and that the possible demise of the Flower Fields
The Carlsbad Ranch hearings before the Planning
Commission and City Council are on tape with Daniels
Cablevision.
Thank you for your consideration.
Sincerely,
Karla B. Mulry
President (619)929-0609 ,-tgu+
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BExEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609