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Home My WebLink About2006-09-26; City Council; 18747; Committee to Study Flower & Strawberry Fields AreaCITY OF CARLSBAD - AGENDA BILL 10 AB# 18,747 MTG. 9/26/06 DEPT. CD CITIZENS' COMMITTEE TO STUDY THE FLOWER FIELDS AND THE STRAWBERRY FIFITIS ARFA COMPARATIVE ANAT,YSIS OF PROPOSITIONS DEPT. HEAD >C CITY ATTY. ^j& CITYMGR. "^O— U^.A=±. RECOMMENDED ACTION: That the City Council ACCEPT the Comparative Analysis of Proposition D and Proposition E prepared by the Citizens Committee to Study the Flower Fields and the Strawberry Fields Area. ITEM EXPLANATION: On August 21, 2006, the City Council voted to reconvene the Ad Hoc Citizens' Committee to Study the Flower Fields and the Strawberry Fields Area of the City. The Committee was reconvened for the purpose of preparing an updated Comparative Analysis of Proposition D, the City-sponsored ballot measure regarding the Area, and Proposition E, an initiative affecting the Area sponsored by a citizens group. The Citizens' Committee had previously prepared a Comparative Analysis of the two propositions as part of its Final Report accepted by the Council on July 25, 2006. However, the City- sponsored measure, Proposition D, was subsequently and substantially revised to incorporate all of the revisions recommended by the Committee in its Report. The Council, therefore, requested that the Committee prepare a neutral, updated Analysis comparing the two propositions. Attached as Exhibit 1 to this Agenda Bill is the revised, updated Comparative Analysis prepared by the Citizens' Committee. The Analysis is a neutral, impartial comparison of the two propositions and is not intended to advocate a position in support of, or in opposition to either one. The Citizens' Committee met on September 7, 2006 and voted (13-0) to approve the updated Analysis. Similar to the Committee's previous Analysis, the Comparative Analysis consists of two parts: an Issues Analysis and a Technical Analysis. While the technical comparison is a necessary component, the Committee felt that the comparison of issues (Issues Analysis) provided on the first two pages of the Comparative Analysis contains the information that would be of greater interest and importance to the citizens of Carlsbad. FISCAL IMPACT: Preparation of the Comparative Analysis by the Citizens' Committee was funded out of the original account authorized by the City Council on May 2, 2006 for the administration and operation of the Committee. No new or additional funds were needed. DEPARTMENT CONTACT: Sandra Holder 760-602-2710 shold(5).ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Council Accepted The Report. nnnn Page 2 "CITIZENS' COMMITTEE TO STUDY THE FLOWER FIELDS AND THE STRAWBERRY FIELDS AREA COMPARATIVE ANALYSIS OF PROPOSITIONS" ENVIRONMENTAL IMPACT: Acceptance of the Comparative Analysis prepared by the Citizens' Committee does not qualify as a project under the California Environmental Quality Act (CEQA Section 15378) and no environmental review is required. EXHIBITS: 1. Comparative Analysis of Proposition D and Proposition E prepared by Citizens' Committee Issues Analysis Comparative Analysis 1. 2. 3. 4. 5. 6. 7. 8. 9. Topic Does the Proposition: Save "The Flower Fields®"? Reflect Citizen input? Require broad public participation to implement? Envision new special City programs to ensure coastal agriculture is maintained? Restrict the land use to uses consistent with agriculture? Permit agricultural use and raise it to a Category 1 Priority? Change the City's General Plan policies regarding agriculture from an interim use to a long term use? Permit Residential Development? Eliminate Travel/Recreation Commercial (TR) use on 48 acres adjacent to 1-5? Current Status/General Plan/Zoning Ordinance Already protected by Deed Restriction with owner requiring continued flower growing N/A N/A No Allows agriculture on all sites as one of permissible Open Space (OS) uses. Permits agriculture in (OS) as a Category 5 Priority. Agriculture is considered an interim land use except on "The Flower Fields®" No Allows Travel/Recreation Commercial (TR) use on 48 acres adjacent to 1-5 Proposition D "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" (City Ballot Measure) Already protected Yes Yes No No Yes No No No Proposition E "Save the Strawberry and Flower Growing Fields Act of 2006" (Citizens' Initiative) Already protected Yes No Yes Yes Yes Yes No Yes Rev 9/7/06 Comparative Analysis Issues Analysis 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Topic Does the Proposition: Permit Commercially Zoned uses on lands other than the 48 acres adjacent to 1-5? Permit Industrially Zoned uses? Restrict Public Utility (PU) uses to existing utility transmission corridors? Permit Open Space (OS)/ Outdoor Recreation? Permit OS/Public Access? Permit (OS)/Parks? Permit (OS)/Trails? Permit (OS)/Public Facilities? Create risk of lawsuit potential for taking of private property rights? Require Environmental Review? Current Status/General Plan/Zoning Ordinance No No No Allows both active and passive recreation. Permitted in most Open Space Yes Yes Yes No City sponsored ballot measures (Prop D) require CEQA review, citizen initiatives (Prop E) are exempt from CEQA review Proposition D "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" (City Ballot Measure) No No No Yes Yes Yes Yes Yes No Yes Proposition E "Save the Strawberry and Flower Growing Fields Act of 2006" (Citizens' Initiative) No No Yes No No No No No Yes No Rev 9/7/06 Comparative Analysis Technical Analysis Proposition D "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" (City Ballot Measure) Proposition E "Save the Strawberry and Flower Growing Fields Act of 2006" (Citizens' Initiative) Approximately 307 acres (see map) Size of Area Affected Approximately 430 acres (see map) Includes additional land over and above Proposition D as follows: 1) 48 acres of SDG&E property adjacent to 1-5 (APN 211-010-24); 2) 26.18 acres of SDG&E property (portion of APN 211-010-31) on south side of Cannon Road; 3) 2.63 acres Agua Hedionda Lagoon Foundation Nature Center (APN 208-186-05); 4) 49.22 acres of CA Department of Fish & Game property within Agua Hedionda Lagoon Preserve (portion of APN 208-020- 44); 5) .20 acres of City of Carlsbad property (portion of APN 212-010-15); 6) 5.24 acres of Kelly Land Co. property (APNs 208-186-01 & -04) Summary of Stated Purposes The Flower Fields and Strawberry Fields area is preserved in open space and that farming is allowed to continue as long as it is viable To allow public use, access and community gathering places to occur in the area in a manner that does not adversely impact other open space and environmental resources located in the area To create a sustainable area that balances social, economic and environmental values important to the community To conserve Open Spaces and historic coastal agricultural uses To create a new land use designation of "Coastal Agriculture" and apply it to the area To conserve the area from inappropriate development and other inconsistent land uses Summary of Major Provisions Amends the General Plan and the Zoning Ordinance to ensure that the affected area is preserved for open space Allows for farming to continue in the area as long as it is economically viable Allows for certain other open space uses in the area including park and recreation uses Amends the policies of the General Plan to support continued agricultural use in the affected area Requires the city to ensure that agricultural use continues in the area by "whatever means practicable" Directs City to ensure that uses in the area are consistent with and supportive of coastal agriculture Changes the 48 acre parcel at 1-5 and Cannon Road from commercial use to open space General Plan Changes Amends the Land Use Element of the General Plan to designate the affected area for Special Planning Consideration and identifies the area as "The Cannon Road Open Space, Farming and Public Use Corridor" Creates new goals, objectives and programs including permitted uses to ensure that the area is permanently protected and preserved as an open space corridor Amends the Open Space and Land Use Elements of the General Plan to include new and amended goals, objectives and programs to support continued agriculture in the area including and adjacent to the Flower and Strawberry Fields Creates a new Land Use designation of Coastal Agriculture and applies it to the area Eliminates references characterizing agriculture as an interim land use Amends the Open Space map to show the 48 acre commercial parcel at 1-5 and Cannon Road as Open Space Rev 9/7/06 Comparative Analysis Technical Analysis Proposition D "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" (City Ballot Measure) Proposition E "Save the Strawberry and Flower Growing Fields Act of 2006" (Citizens' Initiative) Zoning Changes Changes the zoning to Open Space on all portions of the area not presently zoned Open Space None included, however, follow-up amendments to the Zoning Ordinance will be necessary for the city to fully implement the Proposition Local Coastal Program Changes Does not require an amendment to the Local Coastal Program Land Use Plan None included, however, follow-up amendments to the Local Coastal Program will be required for the City to fully implement the Proposition Compliance with Other City Land Use Documents Complies with all other City land use documents Acknowledges existence of other applicable land use documents Designating the area as Coastal Agriculture may conflict with the Habitat Management Plan City Council may amend the Proposition if necessary to comply with State programs, including the Habitat Management Program Permitted Land Uses • Permits only open space, farming and compatible public uses in the area as follows: l)Open Space 2) Farming and other related agricultural support uses including flower and strawberry production 3) Public trails 4) Active and Passive park, recreation and similar public and private use facilities (except on the existing "Flower Fields®") 5) Electrical Transmission Facilities Residential uses specifically prohibited Uses that support production of agricultural products and existing utility transmission corridors None required Amendment Procedures • Allows amendment upon showing of substantial evidence that there is a taking of private property rights • Amendment must narrowly construe compliance requirements • City Council determination subject to referendum Conflicting/ Competing Ballot Measures This measure is inconsistent with and intended as an alternative to any other initiative(s) or measure(s) placed on the same ballot that addresses the same subject matter as this measure. In the event that this measure and another initiative(s) or measure(s) addressing the same subject matter as this measure, or any part thereof, is approved by a majority of voters at the same election, and this measure receives a greater number of affirmative votes than any other such initiative(s) or measure(s), then this measure shall prevail and control in its entirety and said other initiative(s) or measure(s) shall be rendered void and without any legal effect. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one initiative are in direct, irreconcilable conflict with particular provisions of another initiative. In that event, as to those conflicting provisions, only the provisions of the initiative receiving the most votes shall prevail. Rev 9/7/06 CM i 1 CitizensCitizens’’Committee to Committee to Study the Flower Fields and Study the Flower Fields and Strawberry Fields AreaStrawberry Fields Area UPDATED COMPARATIVE ANALYSIS OF PROPOSITIONS D AND E Proposition D (City Ballot Measure)Proposition D (City Ballot Measure) –“Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money” Proposition E (CitizensProposition E (Citizens’’Initiative)Initiative) –“Save the Strawberry and Flower Growing Fields Act of 2006” 2 CitizensCitizens’’Committee to Study the Flower Committee to Study the Flower Fields and Strawberry Fields AreaFields and Strawberry Fields Area CitizensCitizens’’Committee reconvened by Committee reconvened by City Council on August 21, 2006City Council on August 21, 2006 31 member Committee31 member Committee 25 Citizen voting members25 Citizen voting members 6 non6 non--voting membersvoting members CitizensCitizens’’Committee to Study the Flower Committee to Study the Flower Fields and Strawberry Fields AreaFields and Strawberry Fields Area Committee Members were: Pete Aadland Len Martyns Non-voting Members Jill Agosti Kip McBane Chris Calkins Jennifer Benner Gina McBride Claudia Carrillo Marvin Cap Laura Means Pope Marvin Sippel Bill Dominguez Leslea Meyerhoff Courtney Heineman Farrah Douglas Robert Morgan Nancy Calverley Vern Farrow Eric Muñoz Bob Garcin Peder Norby Gary Hill Seth Schulberg Mark Johnson Daniel Swiger Pat Kurth Heidi Willes Keith Lewinger Mark Winkler Cary Manning 3 CitizensCitizens’’Committee to Study the Flower Committee to Study the Flower Fields and Strawberry Fields AreaFields and Strawberry Fields Area Charge of Reconvened CommitteeCharge of Reconvened Committee ––Prepare Updated Comparative Analysis of Prepare Updated Comparative Analysis of Propositions D and EPropositions D and E ––Requested by Council because Proposition Requested by Council because Proposition D was substantially revised to reflect all the D was substantially revised to reflect all the recommendations made by the Citizensrecommendations made by the Citizens’’ CommitteeCommittee UPDATED COMPARATIVE ANALYSISUPDATED COMPARATIVE ANALYSIS Included in City Council Agenda Bill as Exhibit 1Included in City Council Agenda Bill as Exhibit 1 Drafted by a 9Drafted by a 9--member working group of the member working group of the Committee:Committee: Mark WinklerMark WinklerLaura Means PopeLaura Means PopePat Pat KurthKurth Seth Seth SchulbergSchulbergGina McBrideGina McBrideGary HillGary Hill LesleaLeslea MeyerhoffMeyerhoffKip Kip McBaneMcBaneFarrahFarrahDouglasDouglas Reviewed and approved by CitizensReviewed and approved by Citizens’’Committee at Committee at meeting held on September 7, 2006 (13meeting held on September 7, 2006 (13--0 Vote)0 Vote) 4 UPDATED COMPARATIVE ANALYSISUPDATED COMPARATIVE ANALYSIS Presented in matrix format Presented in matrix format Consists of 2 parts Consists of 2 parts --Issues Analysis and Issues Analysis and Technical Analysis Technical Analysis CitizensCitizens’’Committee believes Issues Analysis Committee believes Issues Analysis provides information most important to the provides information most important to the votersvoters Comparative Analysis represents a neutral, Comparative Analysis represents a neutral, impartial comparison of the Propositions impartial comparison of the Propositions -- MAJOR AREAS OF DIFFERENCE BETWEEN MAJOR AREAS OF DIFFERENCE BETWEEN PROPOSITION D (CITY BALLOT MEASURE) PROPOSITION D (CITY BALLOT MEASURE) AND PROPOSITION E (CITIZENSAND PROPOSITION E (CITIZENS’’INTIATIVE)INTIATIVE) Land Use DesignationLand Use Designation ––Proposition DProposition D designates the area for Open Space including designates the area for Open Space including AgricultureAgriculture ––Proposition EProposition E designates the area for Coastal Agriculture onlydesignates the area for Coastal Agriculture only Permitted UsesPermitted Uses ––Proposition DProposition D allows other Open Space Uses as determined by allows other Open Space Uses as determined by a community planning processa community planning process ––Proposition EProposition E allows agricultural uses exclusivelyallows agricultural uses exclusively 48 acre TR Commercial parcel48 acre TR Commercial parcel ––Proposition DProposition D ––not included, retains existing development rightsnot included, retains existing development rights ––Proposition EProposition E ––included, removes existing development rightsincluded, removes existing development rights 5 MAJOR AREAS OF DIFFERENCE MAJOR AREAS OF DIFFERENCE BETWEEN THE PROPOSITIONSBETWEEN THE PROPOSITIONS Legal Risks and Potential Financial Legal Risks and Potential Financial LiabilityLiability ––Proposition DProposition D ––no, because TR parcel not no, because TR parcel not included and allows other Open Space Usesincluded and allows other Open Space Uses ––Proposition EProposition E ––yes, because of inclusion of yes, because of inclusion of TR parcel and restriction to agricultural usesTR parcel and restriction to agricultural uses MAJOR AREAS OF DIFFERENCE MAJOR AREAS OF DIFFERENCE BETWEEN THE PROPOSITIONSBETWEEN THE PROPOSITIONS Land area covered by PropositionsLand area covered by Propositions ––Proposition DProposition D approximately 307 acresapproximately 307 acres ––Proposition EProposition E approximately 430 acresapproximately 430 acres 6COLLEGE BLCA RL S B AD B L CANNON RDPALOMAR AIRPORT RD AVIARA P Y21102313 21101028 21102221 2 11 0 1 0 0 52110 10242110231121101031 AGUAHEDIONDALAGOON PACIFICOCEAN RLMRLMRLM Recommended ActionRecommended Action ACCEPTACCEPT the updated Comparative the updated Comparative Analysis by the CitizensAnalysis by the Citizens’’Committee to Committee to Study the Flower Fields and the Study the Flower Fields and the Strawberry Fields AreaStrawberry Fields Area Updated Comparative AnalysisUpdated Comparative Analysis Issues Analysis YesNo Agriculture is considered an interim land use except on “The Flower Fields®” Change the City’s General Plan policies regarding agriculture from an interim use to a long term use? 7. YesYes Permits agriculture in (OS) as a Category 5 Priority. Permit agricultural use and raise it to a Category 1 Priority? 6. YesNo Allows agriculture on all sites as one of permissible Open Space (OS) uses. Restrict the land use to uses consistent with agriculture? 5. YesNoNo Envision new special City programs to ensure coastal agriculture is maintained? 4. NoYesN/A Require broad public participation to implement? 3. YesYesN/AReflect Citizen input?2. Already protected Already protectedAlready protected by Deed Restriction with owner requiring continued flower growing Save “The Flower Fields®”?1. Proposition E “Save the Strawberry and Flower Growing Fields Act of 2006” (Citizens’ Initiative) Proposition D “Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money” (City Ballot Measure) Current Status/General Plan/Zoning Ordinance Topic Does the Proposition: NoYes City sponsored ballot measures (Prop D) require CEQA review, citizen initiatives (Prop E) are exempt from CEQA review Require Environmental Review? 19. YesNoNo Create risk of lawsuit potential for taking of private property rights? 18. NoYesYesPermit (OS)/Public Facilities?17. NoYesYesPermit (OS)/Trails?16. NoYesYesPermit (OS)/Parks?15. NoYesPermitted in most Open Space Permit OS/Public Access?14. NoYesAllows both active and passive recreation. Permit Open Space (OS)/ Outdoor Recreation? 13. YesNoNo Restrict Public Utility (PU) uses to existing utility transmission corridors? 12. NoNoNoPermit Industrially Zoned uses?11. NoNoNo Permit Commercially Zoned uses on lands other than the 48 acres adjacent to I-5? 10. YesNo Allows Travel/Recreation Commercial (TR) use on 48 acres adjacent to I-5 Eliminate Travel/Recreation Commercial (TR) use on 48 acres adjacent to I-5? 9. NoNoNoPermit Residential Development?8. Proposition E “Save the Strawberry and Flower Growing Fields Act of 2006” (Citizens’ Initiative) Proposition D “Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money” (City Ballot Measure) Current Status/General Plan/Zoning Ordinance Topic Does the Proposition: