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HomeMy WebLinkAbout2006-03-28; City Council; 18502; Discussion of Proposed InitiativesCITY OF CARLSBAD - AGENDA BILL 12 AB# 18,502 MTG. 3/28/06 DEPT. Mayor TITLE: DISCUSSION OF PROPOSED INITIATIVES DEPT. HD. CITYATTY. CITY zoI g o o Oo RECOMMENDED ACTION: Discuss the proposed initiatives and direct staff as appropriate. ITEM EXPLANATION: The City Clerk has received two competing initiatives designed to be placed on the November 2006 ballot. The Mayor has requested the proponents of both initiatives to voluntarily agree to a time out so that the Council may create a citizen's committee to study and make recommendations as to the ultimate vision for the area covered by the initiatives (approximately 441 acres). A copy of the Council's request is attached to this agenda bill as Exhibit A. The purpose of this agenda item is to receive input from the proponents, the citizens and to direct staff as to the future actions the Council feels represents the best planning for establishing a vision for this area. ENVIRONMENTAL REVIEW: This is a discussion item only and there are no projects or activities that will have an adverse environmental impact and is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (14 OCR §15061 (b)(3)). FISCAL IMPACT: There is no fiscal impact resulting from this discussion. EXHIBITS: •.Letter to Proponents City of Carlsbad Office of the City Council March 21, 2006 Concerned Citizens of Carlsbad c/o Ron Alvarez, Treasurer 354 Oak Avenue Carlsbad, CA 92008 Carlsbad Citizens for Useable Public Places Mario R. Monroy John B. Strayer Nancy J. Calverly 749 Magnolia Avenue 2001 Cima Court 761 1 Primavera Way Carlsbad, CA 92008 Carlsbad, CA 92009 Carlsbad CA 92009 Dear Proponents of the Proposed Initiatives: The City Council met for a special meeting on Wednesday, March 15, 2006 to conduct its annual workshop. The purpose of this workshop was to discuss a number of items and receive volumes of information on the City's health, welfare, safety and its quality of life and the qualify of life of its citizens. One of the most important topics of that workshop was communications between the Council and its citizens on a wide range of issues important to them and important to the Council. An item of discussion was the two proposed initiatives that have now been filed in the office of the City Clerk. One of the initiatives is now being circulated in the community and one initiative is being titled and summarized by the City Attorney so it can be circulated in the community. These two initiatives contain very different visions for the study area centrally located within the City along Cannon Road east of Interstate 5 consisting of approximately 441 acres. These initiatives will potentially divide the community, result in an enormous amount of time and energy spent by our citizens supporting or opposing either or both of them and does not, in our opinion, represent the best way to plan for this sensitive area or any other area within Carlsbad. Planning by initiative bypasses the environmental review process altogether. Citizens will not be informed of the environmental consequences of their decision. Nor will they be advised, by either petition by itself, of the financial and economic impacts of such an initiative. It may result in years of confusing follow-up legislation by this Council and years of litigation if either initiative is legally challenged. Therefore, it is our fervent hope and desire that the proponents of both initiatives will see the wisdom of taking a time out to allow the community to discuss and debate conflicting land use proposals in an orderly way without the time pressures of a pending election. The Council proposes to discuss appointing a citizen's committee to make a report and recommendation as to the ultimate vision for this area and to discuss that report and recommendation at public hearings. All proponents will be invited to participate in the 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2830 • FAX (760) 720-9461 citizen's committee deliberations and its report and recommendation to the City Council. There will be as many meetings and hearings as necessary to obtain a report or reports and recommendations that are clear, thoughtful and represent the best thinking of our citizens which can then be implemented by the City Council, as appropriate. We have done this successfully many times before. We have done this with creation of City committees to report and make recommendations on important and sensitive planned use decision, e.g. the Growth Management Plan itself, the Open Space petitions, the streets and sidewalks committee and other similar issues. We hope that you will agree and participate in this process as being a better alternative than the charged atmosphere of an election campaign. It is important to remember that whatever decision is ultimately implemented by the City Council, it will require environmental and fiscal reports as well as public hearings before the Planning Commission and the City Council itself. A time out would mean that neither proponent would be prejudiced during that period since no development would be processed or approved. There would no longer be an urgency to place the matter on the November election. Let us also point out that the proponents, or anybody else for that matter, would retain rights to challenge any ultimate action by the City Council by way of referendum or to circulate another petition containing the original vision for this area or some alternative vision after having participated in the citizen's committee study report and recommendation. We intend to place this matter on the Council's agenda for Tuesday, March 28, 2006 and would appreciate your written response prior to that time. We appreciate your cooperation and courtesy in this matter. Very truly yours, MATT HALL Mayor Pro Tem ANNMOILCHIN Council Member MARK PACKARD Council Member Council (I could not attend the Council Workshop, but agree with this approach). c: City Manager City Attorney Community Development Director Planning Director Assistant City Attorney MAR 2 4 2006 CITYOCITYCL F CARLSBADERK'S OFFICE, An Receive-Agenda Item #_ For Ac Information of the: CITY COUNCIL Concerned Citizens of Carlsbad 354 Oak Avenue Carlsbad, CA 92008 (760) 729-8099 March 24,2006 Page 1 of4 Dear Mayor Bud Lewis, City Council Members: Ann J. Kluchin, Norine Sigafoose, Matt Hall, Mark Packard In response to the letter we received from your office Dated March 21,2006. Our initiative "Save the Strawberry and Flower-Growing Fields Act of 2006" which has been hi circulation for the past five weeks, has received overwhelming support from the community in the form of over five thousand signatures. These signatures represent the registered voters in the City of Carlsbad. Therefore, the "Concerned Citizens of Carlsbad" who represent this vast number of Carlsbad Citizens, consider it to be unfair to act on behalf of the Carlsbad citizens that have already signed our initiative at this point in time, to stop the process of garnering the remaining signatures necessary in order to put it on the November 2006 Ballot. Furthermore, we the "Concerned Citizens of Carlsbad" do not believe there is any wisdom in what was stated hi your letter as "Take a time out," do to the fact that the non- finalized and non-circulating initiative titled as "Carlsbad Gateway Parkland and Open Space Initiative of 2006", does not have equally signed supporters. Therefore, in all do respect, it cannot be categorized as equal to our initiative titled" Save the Strawberry and Flower-Growing Fields Act of 2006." hi order for "Concerned Citizens of Carlsbad" to properly represent the will of the people and those who support our initiative, we must to show no sign of any interest in discussing nor meeting with the proponents of the "Carlsbad Gateway Parkland and Open Space Initiative of 2006," nor anyone affiliated with future initiatives created for the sole purpose of allowing development on the "Strawberry and Flower-Growing Fields." Page 2 of4 The majority of the citizens do not want to see any development on the Strawberry and Flower-Growing fields and any form of lobbying will receive overwhelming opposition. The ten percent of the registered voters in the City of Carlsbad have made a decision to place our initiative titled "Save the Strawberry and Flower-Growing Fields Act of 2006," on the November 2006 Ballot, at which time the Carlsbad Citizens will vote to either protect these precious Strawberry and Flower-Growing Fields from any future development or they will vote to allow development from an opposing initiative. If such an initiative will be qualified for the 2006 ballot. We believe that the initiative titled "Carlsbad Gateway Parkland and Open Space Initiative of 2006," has no future in Carlsbad do to the fact that it involves the development of High-Density Residential, Condominiums, Retail Stores, Commercial Buildings and a Civic Center on these precious Strawberry and Flower-Growing Fields.. The initiative titled "Save the Strawberry and Flower-Growing Fields Act of 2006" creates no environmental harm nor any type of financial, economic or traffic impacts to the City of Carlsbad. Therefore, the creators of the "Carlsbad Gateway Parkland and Open Space Initiative of 2006" and any other type of new initiative or alternative vision, referendum, will cause unnecessary aggravations to the Carlsbad Community. For your review and study we have included our overview of the "Carlsbad Gateway Parkland and Open Space Initiative of 2006". See pages 3 of 4 and 4 of 4 respectively. On behalf of Concerned Citizens of Carlsbad, Ronald Alvarez www.cccpac.org ccofcarlsbadpac@sbcglobal.net c: Barbara Henry: North County Times Janet Ryan: Local News Stephen Keller: Coast News Group Micheal Burge: Union Tribune Sierra Club Surf rider Foundation San Diego County Farm Bureau (CCC) general overview of the: Page 3 of 4 CARLSBAD GATEWAY PARKLAND AND OPEN SPACE INITIATIVE OF 2006 Deceiving the Carlsbad Citizens 1. This initiative includes area to be designated as open space that will remain open space regardless of this initiative. For example, the golf course, Veterans Park, Hub Park and the area under the power lines are and will remain open space. Clearly, they are only included in this initiative to deceive people into believing that the initiative is creating new open space. No new open space is being created! 2. Section 2.4 is very clear that the area "could be proposed for development", just about any kind, residential, commercial, etc. In fact, this initiative permits exactly the type of development that was planned in the private meetings between City staff and Lennar Corp. They would be permitted to build 900 residential units, as well as commercial units. 3. Changing the zoning to the new designation "Combination District" will allow them the latitude to propose any use with no limitations. It, in effect, gives them a "blank check" to propose anything they like for this property. 4. It appears that they are trying to include the lagoon as open space. Of course, it could not be anything else by virtue of the simple fact that you can't build anything in the water. 5. They are cleverly taking existing open space and rezoning it Carlsbad Gateway Open Space. Makes it sound like we are getting some new open space. Nope. 6. They make an attractive promise of parkland in the title. They state that they are creating a central park, but the only park would be the golf course, Veterans Park, Hub Park and the area under the power lines. These are existing planned parks or open space regardless. No new parkland! 7. Section 3.4 article B.3 Study Area. States that they are going to trade existing open space (that can never be anything but open space i.e. "City Golf Course" for the ability to develop the planning area property with less open space. In reality, there is no new open space created. This will reduce the amount of open space by the amount of land that is developed, since all of the land in the planning area is already zoned open space or agricultural. Page 4 of 4 8. This initiative guarantees the right to build on the areas currently master planned to be Hotel and Tourism. 9. This initiative states in section 2.3.2 that the CCPS group at their meeting in 2005 became more specific in regard to location. In fact, at the CCPS group meeting, they were very careful to state that they were discussing a vision only "not connected to any particular location". 10. Section 3.4 article C.2 states that in the study area, the traffic standards will be maintained, but it ignores the fact that the infrastructure to get to/from the property, specifically Interstate 5 is already highly congested. State plans to relieve the existing problems if actually funded are not scheduled to be completed until 2014. Two traffic issues exist, surrounding the study area and planning area and also the additional traffic that will impact the already overcrowded Interstate 5 and contribute to a decline in the quality of life for all of the people in Carlsbad. 11. This initiative Section 3.4 article C.4 states that if they preserve 140 acres of biologically sensitive habitat, then they dont need to pay the agricultural mitigation fees for the 200 or so acres that they are taking out of agricultural production. This amounts to a savings to them that no other owner of agricultural land that is taken out of production enjoys. The cost to the City for the loss of agricultural mitigation fees is on the order of $2,500,000.00. 12. Section 3.4 article C.7 states the cap on the number of dwelling units approved under the Growth Management Plan for the Northwest Quadrant will not be exceeded. This ignores the fact that the calculations for the number of dwelling units was carefully calculated based upon the parcels that are already zoned for residential use. The Growth Management Plan calculated no dwelling units for the parcels in the planning area of this initiative. The effect of allowing dwelling units on these parcels is an unconstitutional taking from those properties that already enjoy the right to build dwelling units. The effect will actually be to put owners of in-fill lots in the Northwest Quadrant that includes the downtown redevelopment area in the position that they are paying taxes on un-developable lots. The ability of the Redevelopment agency to redevelop blighted properties may be completed eliminated. Since, these parcels were not identified in the GMP to include dwelling units; there is no consideration for adequate school facilities in this area. 13. Section 3.4 article c.14 proposes professional, office, retail, restaurants, residential and mixed use building in the area of the current flower growing and strawberry fields. Carlsbad Citizens for Useable Public Places March 24, 2006 Mayor Bud Lewis and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Proposed Initiatives AGENDA ITEM #. Mayorc: City Council City Manager City Attorney City Clerk !MAR 2 4 2006 CITY OF CARLSBADCITY CLERK'S OFFICEDear Mayor Lewis and Members of the City Council: Thank you for your letter dated March 21 regarding the pending citizens' initiatives that would guide the future of the properties along Cannon Road. Our committee, Carlsbad Citizens for Useable Public Places (CCUPP) shares the concerns of the Council about the need for citizen input and communication into the planning of this central area of our city. We agree that "ballot box planning" is certainly not the best way to plan the future of our City, but it is a process that was forced upon all of us with the filing of the "Save the Strawberry and Flower Growing Fields Initiative" that is now in circulation by Carlsbad Concerned Citizens. Our committee, made up of residents from both north and south Carlsbad, carefully examined the Strawberry Fields Initiative and concluded that the approval of this measure would have serious negative impacts on our community and would forever prohibit Carlsbad citizens from planning civic amenities, open space, trails, and parks in this area. We share the belief of the City Council that the City of Carlsbad's Growth Management Plan and the City's rigorous planning process would provide an opportunity for public review and refinement of any master plan that may be proposed in this area in the future. Unfortunately, the Carlsbad Concerned Citizens have circumvented the planning process that has served our City well and proceeded to circulate an initiative that blindly mandates continued agriculture on these properties; ignoring economic realities, environmental impacts, fiscal impacts and the fact that their initiative will effectively prohibit public access to the south shore of the Agua Hedionda Lagoon and parkland development. The initiative submitted for Title and Summary by CCUPP, the "Carlsbad Gateway Parkland and Open Space Initiative", will offer the voters of Carlsbad a positive alternative to the Strawberry Fields Initiative. The Parklands and Open Space Initiative does not approve any development on these properties but rather it sets up a positive planning process, strengthens provisions of the growth management plan, and ensures that any plan for this area will provide civic amenities, extensive parkland and open space for the use and enjoyment of Carlsbad residents. Our Initiative is based on the vision and concepts developed by the Connecting Community Place and Spirit (CCPS) process, involving hundreds of Carlsbad citizens. The CCPS process involved several community workshops and was conducted at a great cost to the City during the last three years. During the last CCPS meeting in November, participants were motivated to move ahead with CCPS principles and expressed frustration that little progress was made from March 2003 to November 2005, Carlsbad UPP 1731 Calavo Court, Carlsbad, CA 92008 760-889-0258 Mayor Lewis and City Council Page 2 The Parkland and Open Space Initiative does not by-pass the environmental review process. The Initiative does not constitute a "project" under the definition of the California Environmental Quality Act. The Initiative simply sets forth a framework which accommodates existing General Plan principles, Smart Growth principles, existing community open spaces, and adds the compatible principles of CCPS. A complete environmental analysis of any specific plan would be fully carried out in subsequent City processes. Regarding the City Council's request for the proponents of both initiatives to take a "time out", CCUPP would agree to allow the City to proceed with the formation of a citizens' committee to develop a vision for this area through a public process. CCUPP would be willing to suspend our effort to place our Initiative on the November ballot and to actively participate in citizen committee deliberations under the following conditions: • The citizens committee should be no larger than 15 members and should reflect a balance of viewpoints with representatives from CCUPP and Concerned Citizens, the property owners, and residents from all areas of our community. • The citizens committee should be guided by a professional facilitator. • The citizens committee should be given a specific time period within which its recommendations need to be completed and presented to the City Council. • CCUPP will only agree to suspend signature collection for our initiative if the Concerned Citizens agree, publicly and in writing, to suspend all signature gathering and to not file signatures with the City until the completion of the work of a citizens review committee. We believe that it is important to involve the community in this important discussion. However, we also believe that the presentation of just one viewpoint or just one initiative to the voters in November is damaging to the public process and ignores the rights of citizens to consider all viewpoints and options for the future of this important area. We are prepared to proceed with our effort to give the voters of Carlsbad a choice in November that will ensure these properties will someday be accessible to the public and will offer civic amenities, parkland, trails and open space for our community. We are also willing to participate in an open process to work toward a vision for this area which will avoid the costs and controversy of a political campaign. Regardless of the decision of the Concerned Citizens to participate or not to participate in a citizen planning committee, CCUPP stands ready to participate in any public process to create a future vision for these important properties. We look forward to your response and to a response from the Concerned Citizens. We are hopeful that they will also participate in this process which would be in the best interests of our entire City. Sincerely, ^Mario Monroy MflR-28-2006 14=44 SDG&E 619 654 6301 P.01 Sempra Energy"utility 8330 Century Park Court CP31D San Diego, California 92123 Fax: 858-654-6301 Regional Public Affairs |2 FOR THE INFORMATION OF THE CITY COUNCIL e>C DATE CITY ATTORNEY cc: From: Ed Lopez 858-654-1796 Fax:Pages: Phone:Date: V 5 4- Urgent D For Review D Please Comment D Please Reply D Please Recycle e Comments: This message is intended only for the use of the individual or entity to whom it is addressed, and may contain information that is privileged and/or confidential. Receipt by an unintended recipient does not constitute a waiver of any applicable privilege. Reading, disclosure, discussion, dissemination, distribution or copying of this information by anyone other than the intended recipient or his or her employee or agents is strictly prohibited, if you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. If there are any problems with the receipt of this fax, contact our Administrative Asst. at 858-654-3576. Remarks: _, „ , ... 6S4 G301 P 02, . j r~-Tir^Q CT '-'J- -^ D*-**1* tJOCJX i • <^*c_MPR-2B-2006 14=44 SDGSt San Diego Gas & Electric 8330 Century Park Court San Diego. CA 92123 mm^—\ Sempra Energy utility" VIA FACSIMILE March 28, 2006 Hon. Mayor & Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Honorable Mayor & Council: As you know, San Diego Gas & Electric (SDG&E) owns 250 acres of land at 1-5 and Cannon Road and has owned it since the 1950s. SDG&E has publicly stated that the property does not fit our future business needs. Furthermore, SDG&E entered into an agreement for Lennar to option the land as Lennar explores possible use for the land once it is purchased. As a property owner potentially affected by the initiative filed by the Concerned Citizens of Carlsbad, we commend the City for requesting a "time out" by the parties behind the competing initiatives. Quite correctly, the City foresees the time and energy spent by community members that could divide, rather than unite, Carlsbad. And, like the City, our opinion too is that this is not the best way to plan for the area. SDG&E supports the civic vision that has come out of the City of Carlsbad's "Connecting Community Place and Spirit" (CCPS) meetings. This vision was an important factor for SDG&E in our decision to enter into option agreement with Lennar, We support the City's call for a community-based, open planning process that will provide public access, parklands and open space on these properties as part of a master planning process. The Concerned Citizens' Initiative raises a number of financial and economic issues that potentially impact our property. Those issues require further study. We spoke with the proponents behind Concerned Citizens and offered to sit down and meet with them to discuss our issues. To date, they have not agreed to meet. But, given the potential consequences, SDG&E has every right and indeed an obligation to its ratepayers to protect its property interests. MfiR-28-2006 14=45 SDGSE 6196546301 P. 03 Honorable Mayor & Council March 28,2006 Page 2 We agree with the Council's request for a "time out." SDG&E will continue to hold ourselves open to meet and discuss our concerns. As a property owner, we would welcome and look forward to participating in a citizen's committee to develop a vision for the area. Sincerely, Edward Lopez Regional Public Affairs Manager Cc: Ray Patchett, City Manager Ron Ball, City Attorney Mitch Mitchell, Regional Vice Present, SDG&E Claudia CarriUo, Public Affairs Manager, SDG&E TOTflL P.03 BOB LflDUUIG 2642 Ocean Street Carlsbad, Cfl 92008 AGENDA ITEM # c: Mayor City Council City Manager March 27, 2006 City Attorney City Clerk Mayor Bud Lewis and Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: DISCUSSION OF PROPOSED INITIATIVE/ITEM NO. 12 ON YOUR MARCH 28, 2006 COUNCIL AGENDA Dear Mayor Lewis and Council Members, I totally support your efforts to appointing a citizens committee to make a report and recommendation as to the ultimate vision for the area under discussion along Cannon Road. Also, I totally support the "time out" where supporters of both petitions would set aside their efforts to place these items on the November ballot. I have spent a significant amount of time reviewing both initiatives, and in my opinion, if either one of these passed we would be in for years of litigation at the expense of the Carlsbad citizens. In the "Save the Strawberry and Flower Growing Fields" Act of 2006, there are numerous inconsistencies. In addition, as you point out in your correspondence to them, the citizens of Carlsbad would not be properly informed of its environmental impacts. In the "Carlsbad Gateway Parkland and Open Space" Initiative of 2006 there are also inconsistencies. I would consider this a development proposal that is again potentially being put before the people without information on environmental impacts. This initiative requires a minimum of sixty percent (60%) to be devoted to open space. The trouble is, their open space definitions include plazas, walkways, civil facilities, amphitheaters, performing arts venues and parking facilities. I don't think the citizens of Carlsbad are going to agree with those definitions of open space facilities, even though technically these facilities could possibly be in open space. In addition, there is also an effort to try to get out of paying an Agricultural Conversion Fee under certain circumstances. Mayor Bud Lewis and Council Members March 27, 2006 Page 2 Again, I totally support your efforts to get these two groups together as you have done in the past for other groups and to come up with a solution that is the best solution for all the citizens of Carlsbad, and not any individual developer or special interest group within our community. There is also something I would like you to consider doing after this has all sorted itself out, and that is to look at how we got ourselves into this situation so that we could head off a similar situation happening in the future. Sincerely, Bob Ladwig BOB IflDUUIG 2642 Ocean Street Carlsbad, CR 92008