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Home My WebLink About1996-03-26; Ballot PamphletsPRIMARY ELECTION - MARCH 26, 1996 - SAN DIEGO COUNTY NONPARTISAN - OFFICIAL BALLOT STATE (Continued) PROP 197 AMENDMENT OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 (PROPOSITION 117). MOUNTAIN LIONS. LEGISLATIVE INITIA- TIVE AMENDMENT. This act authorizes the Legislature to manage moun- tain lions to protect the people and resources of California. Repeals mountain lion's status as specially protected mammal. Fiscal Impact: Real- locates annually up to $250,000 from Habitat Conservation Fund from 1996-97 through 1998-99, $100,000 thereafter, for mountain lion manage- ment. Potential annual state costs of $250,000 for mountain lion public safety, information programs. PROP 198 ELECTIONS. OPEN PRIMARY. INITIATIVE STATUTE. Provides that all persons entitled to vote can vote for any candidate regardless of the candidate's political affiliation. Provides for a single primary ballot on which the names of all candidates are placed. Fiscal Impact: No direct fiscal impact on state government and unknown, but probably minor, savings to counties statewide. PROP 199 LIMITS ON MOBILEHOME RENT CONTROL. LOW-INCOME RENTAL ASSISTANCE. INITIA- TIVE STATUTE. Phases out local rent control laws on mobilehomes. Prohibits new state and local rent control on mobile- homes. Provides limited private sector rent subsidy for low-income, mobilehome tenants. Fiscal Impact: Future savings to local agencies total- ing statewide at least several million dollars annually. PROP 200 NO-FAULT MOTOR VEHICLE INSURANCE. INI- TIATIVE STATUTE. Requires insurer to pay benefits regardless of fault in most motor vehicle accidents. Requires motor vehicle insurance with specified benefits and coverage for injury. Requires prompt payment or arbitration of claims. Fis- cal Impact: State and local government savings in health care and other expenditures potentially over $100 million annually. State and local govern- ment loss in motor vehicle registration and insurance tax revenues potentially exceeding $100 million annually. PROP 201 ATTORNEYS' FEES. SHAREHOLDER ACTIONS. CLASS ACTIONS. INITIATIVE STAT- UTE. Requires losing party to pay winning party's attorneys' fees and expenses in shareholder actions and class action suits for violation of securities laws. Payment not required if position substan- tially justified and payment unjust. Losing attorney may be required to pay. Plaintiff's bond may be required. Fiscal Impact: Unknown, but probably not significant, fiscal impact on state and local governments. 239 YES^O 240 243 YES-»O 244 247 YES^O 248 NO' 252 YES-*O 253 NO-»O 256 YES-KD 257 PRIMARY ELECTION - MARCH 26, 1996 - SAN DIEGO COUNTY NONPARTISAN - OFFICIAL BALLOT STATE (Continued) PROP 202 ATTORNEYS' CONTINGENT FEES. LIMITS. INI- TIATIVE STATUTE. Limits plaintiff's contingency fee arrangements in tort cases. Requires demand be made against defendants and permits prompt settlement offer response. If accepted, limits fees to 15% of offer. If not accepted, larger fees can be collected only on amounts in excess of prompt settlement offer. Fiscal Impact: Unknown net fiscal impact on state and local governments. PROP 203 PUBLIC EDUCATION FACILITIES BOND ACT OF 1996. This three billion dollar school construc- tion bond would help upgrade and construct classrooms, libraries, and other needed facilities in California's public schools, community colleges, and state universities. Funds will be used to make current classrooms safer in the event of earthquakes, equip class- rooms for the computer technology of the 21st century, reduce class size and meet enrollment growth. These bonds may be used only for approved school construction projects. 264 265 269 YES-»O 270 COUNTY OF SAN DIEGO PROPOSED AMENDMENT TO THE SAN DIEGO COUNTY CHARTER. Shall the San Diego County Charter be amended to change the Treasurer/Tax Col- lector from an elective to an appointive officer appointed by the Chief Administrative Officer? nn/M* ft PROP A' ' IV/I r\274 YES-»O 275 CITY OF PROP CARLSBAD _ Shall the voters of the City of Carlsbad approve the t Green Valley Balanced Use and Traffic Control Initiative ••• of 1994? 278 YES^O 279 NO-KD N-10-1 W SD 044-008 N-11-3 W SD 044-009 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION A We all support democracy and the idea of making government officials accountable to the voters. But the current system of electing the County Treasurer has had exactly the opposite effect. Other than wiling your property tax check payable to the Treasurer, do you know much about this office? As an informed voter, do you know what the incumbent Treasurer's qualifications are to manage the investment of billions of your tax dollars? Do you know what his investment strategy has been for these funds? Anyone who is a registered voter in the County of San Diego can run for this office .... and there is no financial experience required! In the event an unqualified Treasurer is elected, we can only cross our fingers and hope we don't end up like bankrupt Orange County. Currently the Treasurer has a four year term. Poor investment decisions can not be corrected until the term is over, or unless an expensive, time consuming recall campaign is held. That may take too long to correct a serious problem. With an appointed treasurer, problems can be corrected immediately. Your YES vote for Proposition A guarantees the County's Treasurer will be a financial professional. Vote YES on Proposition A to ensure professionalism and accountability in the County Treasurer's Office. RON ROBERTS Chairman County Board of Supervisors MARY HERRON Director League of California Cities EDWARD B. MEYER Brig. General U.S. Marine Corps (Retired) Former Foreman San Diego County Grand Jury STEPHEN P. CUSHMAN Chairman Greater San Diego Chamber of Commerce CITY OF CARLSBAD Proposition E (This proposition will appear on the ballot in the following form.) Shall the voters of the City of Carlsbad approve the Green Valley Balanced Use and Traffic Control Initiative of -19947 CITY ATTORNEY'S IMPARTIAL ANALYSIS THE WAY IT IS NOW: The 282 acre Green Valley parcel comprises Zone 23 on the southern border of the City southwest of the intersection of El Camino Real and La Costa Boulevard. The parcel was annexed to the City in 1985 and designated for future development. The current General Plan allows: LAND USE Residential Commercial OPEN SPACE TOTALS GROSS ACREAGE 35.4 80.2 166.5 282.1 CONSTRAINED ACREAGE 0.6 2.5 94.4 97.5 NET ACREAGE 34.8 77.7 72.1 184.6 Before development may occur, the landowner must obtain permits under Carlsbad's comprehensive environmental, zoning, growth management and subdivision controls. There is an application pending before the City committing 207.1 acres or 74% of this parcel to open space and seeking approvals for 300,000 square feet of community commercial use, 55.8 acres of residential use allowing up to 400 residential units. THE INITIATIVE: The initiative would amend Carlsbad's General Plan to allow open space, commercial and medium high density residential development and requires a specific plan to include: • 20 acres and 200,000 square feet maximum of commercial and non-residential use concentrated on the southerly end • 25 acres of active open space, including a potential park site, community festival center, amphitheater, and site for a community library • 15 acres of medium high density residential providing for 172 units with provisions for density bonuses if affordable housing provided • Approximately 200 acres passive open space A "YES" VOTE MEANS: If you vote yes, you wish the initiative to go into effect which amends the General Plan. A "NO" VOTE MEANS: If you vote no, you do not wish the initiative to go into effect and the General Plan will not be amended. HOW PROPOSITION GOT ON THE BALLOT: In June 1994 a petition was circulated and obtained sufficient signatures and was certified by the City Clerk in January 1995 for the ballot. The City Council ordered a report on the effects of the initiative in order to educate and inform the voters. Copies of that report are on file with the City Clerk and various City offices. After accepting the report the City Council placed the initiative before the voters for the March 26, 1996 election. PR-3000-6 WSD 044-018 PR-1300-1 WSD 044-019 FISCAL IMPACT: If the initiative is adopted there will be a significant adverse fiscal impact on the City's general fund at buildout. Those estimates are shown in the chart below taken from the Green Valley initiative report accepted by the City Council in February 1995. . Net Annual Revenues from the project at Buildout 10-yr Cumulative Under Master Plan MP 92-01 $1 ,000,807/yr $8,865,282 If Proposition is Adopted $233,360/yr $2,126,009 Difference ($767,477)/yr ($6,739,237) The initiative will also require an unknown but possibly significant amount of money to administer and defend against legal challenges. The above statement is an impartial analysis of measure E. If you desire a copy of the measure, please call the City Clerk's office at (619) 434-2808 and a copy will be mailed to you at no cost. ARGUMENT IN FAVOR OF PROPOSITION E Prop E will prevent the spread of Encinitas Ranch's outrageous extensive grading and dense development into Carlsbad's Green Valley. Increase in traffic congestion, crime and pollution would erode Carlsbad's prosperity and way of life. Prop E is a fair, fiscally responsible alternative to the applicant's sprawling project. Prop E gives the landowner a reasonable return on investment by allowing 200,000 square feet of commercial development and 200 clustered homes. More density to pay off Hunt's bankruptcy is unreasonable. Prop E corrects an error in the Carlsbad General Plan. Hunt Properties, Texas successfully petitioned for zoning denser than the surrounding area. Prop E returns Green Valley density to compatibility. Prop E was placed on the ballot by an Initiative signed by 5000 voters. A 1995 California Supreme Court decision specifically allows citizen initiatives (such as this one) in land use matters. Prop E mandates no specific open-space uses. Therefore no costs and no changes to library or park plans need occur. Uses will be chosen according to the City's needs, plans and budget in the usual planning process. Don't be fooled by misstatements intended to confuse you. Read these exact words of Prop E: "shall provide a minimum of 25 acres of active open space ... this category shall not be construed to be limited to public park use ... A range of specific uses is allowed to be considered under active open space. These include active recreational facilities, passive recreational facilities, community center facilities, the possible location site for a community library, small amphitheater, commercial agricultural uses, a public cultural art/festival center." Prop E reduces traffic, crime, and pollution by ensuring a compatible, well-planned community while providing a fair return for the landowner. It provides the City twenty-five acres of open space for future choice of uses. A. J. SKOTNICKI Former City Councilman FREDRICK H. BARGE Chairman of Carlsbad Citizens/ Green Valley Board of Directors MARJORIE M. HOWARD-JONES Author of a Carlsbad history book BARBARA TICE-SIMONS Teacher LEE W. LANDRUM Attorney PR-1300-2 W SD 044-020 PR-1300-3 W SD 044-021 REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION E Look at Carlsbad. The City is acknowledged as one of the most comprehensively planned communities in CaTifornia. People aspire to live and work here. While Carlsbad has grown it has continued to be a desirable place to live. Why? Because of the City's thorough award winning planning process. In 1986, Carlsbad enacted a growth management program, combining good planning practices with a mandate for continuing high quality public facilities. Carlsbad's process analyzes all development proposals based on standards second to none, thorough public hearings and environmental review, and City Council action. One issue raised by Prop E is how best to decide City land use questions. Duly elected representatives using the established planning process, or small groups of activists causing expensive elections on a piecemeal basis? Prop E is a mistake. Prop E also raises important financial issues. The independent analysis by the City in February 1995 estimated the proposition would reduce the value of the Green Valley property by over 95%. Under the 5th Amendment to the U.S. Constitution (and the California equivalent) private property cannot be subject to "inverse condemnation" without just compensation. What is the likely court response to a legislative action that reduces the value of property by 95%? Finally, Prop E is not needed. The Reduced Project alternative resulting from public input and the City's review process is both (i) much smaller than the project which prompted the proposition and (ii) environmentally better than what the proposition proposes. Support the established Carlsbad process. THOMAS HAGEMAN Planning Consultant ARGUMENT AGAINST PROPOSITION E Proposition E disrupts the comprehensive and orderly planning process under our Growth Management Plan that was adopted by Carlsbad voters in 1986. All public facilities have been planned for our City's final buildout. Proposition E would jeopardize this orderly plan. Proposition E sounds like a good idea but don't be fooled because it: • Proposition E creates false expectations and will not pay for the facilities that are promised or would be expected. • Proposition E will not pay its fair share of improvements. It is not clear whether or not a park and/or a library site will be provided and makes no provisions for their funding. • Proposition E was prepared by out-of-town consultants who do not have an understanding or appreciation of our comprehensive planning process. Neighborhood concerns should be expressed at the public hearings during the development process; Carlsbad Council has a reputation for listening fairly to citizen concerns as a project moves through the development process. • Proposition E does not consider city-wide needs and priorities. • Proposition E does not require any public hearings and no opportunity for public environmental review. • Proposition E may result in disruption of our orderly Growth Management Plan and result in expensive litigation. • Proposition E is confusing, complicated, lengthy, inconsistent and impossible to administer. Comprehensive city-wide planning should not be done in a piecemeal fashion at the ballot box. The City Council and the public should be given the first opportunity to review and approve a plan which meets the needs of all of the people, just as all other projects in Carlsbad. Government works best when it represents all of the people of Carlsbad and can be responsive to their needs. Proposition E does not do this. WE URGE A "NO" VOTE ON THIS UNWISE MEASURE. BUD LEWIS Mayor JULIE NYGAARD Mayor Pro-Tern PR-1300-4 W SD 044-022 PR-1300-5 W SD 044-023 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION E Proposition E, initiated by 5000 Carlsbad citizens, is a wellwritten, professionally prepared Master Plan compatible with a livable, prosperous Carlsbad. It strengthens citywide public input and comprehensive, orderly planning under the Growth Management Plan. On February 21, 1995, City staff declared Proposition E compatible with the Carlsbad General Plan, Growth Management Plan and Regulations. However, politicians ignore staff recommendations for their own purposes. "Ballot Box" planning is direct democracy encouraged by state law. It has been effective in Carlsbad, preventing politicians' abuse of power and limiting overdevelopment. Carlsbad's touted Growth Management Plan was initiated by citizens at the ballot box ten years ago. The Growth Management Plan requires that every development pay its fair share of facilities without excessive density, tax subsidy, or lowering the City's quality of life. If this can't be done, the project can't be built. Proposition E prevents cramming dense development into Green Valley, which would impact all Carlsbad citizens. Through public review and Council approval, Proposition E provides 25 acres for a choice of open space uses. The only costs would be those chosen by the City. Proposition E clearly states a requirement for reduced density, limiting adverse air, water, noise, and visual pollution impacts upon the community. Proposition E reduces traffic, crime, police costs and pollution. WILLIAM D. DAUGHERTY Member of SanDAG Regional Transportation Advisory Committee BENJAMIN A. SMITH Businessman and Author JOE VALENTI Property Manager GEORGE J. SULLIVAN Director, Police Management Advisors WOULD YOU LIKE TO WORK AT THE POLLS or VOLUNTEER YOUR HOME, BUSINESS OR SITE TO SERVE AS A POLLING PLACE? If you are interested in serving your community and at the same time meeting new neighbors, call us at 570-1061. You will receive a fee for your services. We will place your name in our files and contact you for the next election in your area. Or you can complete the application below and send it to: Registrar of Voters Polls and Officers Section 5201 Ruffin Rd. Suite I San Diego, CA 92123 Address City ZIP Telephone# Home: Work: Do you have transportation? Yes G No G Do you speak and understand Spanish? Yes G No G I want to work in my own precinct only: Yes G No G I would be willing to travel to another precinct: Yes G No G I have a facility that I would like to offer as a polling place: Yes G No G Signature POLL WORKER AND/OR POLLING PLACE APPLICATION Name PR-1300-6 W SD 044-024 j W SD 044-025