16840 / 49.92% Yes votes ...... 16896 / 50.08% No votes

See Also: Index of all Propositions

Proposition E amends the Carlsbad General Plan (“Plan”) to establish a coastal agricultural designation for certain lands located within the Coastal Zone of the City that supports the production of agricultural products. It amends the vision, introduction, land use, open space and conservation elements of the Plan to:

Add the designation of coastal agriculture (defined as lands located within the Coastal Zone of the city that supports production of agricultural products);

Eliminates the concept of potential development and establishes coastal agricultural areas east of I-5 and north and south of Cannon Road;

Adds approximately 45 acres east of I-5 between Agua Hedionda Lagoon and Cannon Road to a coastal agricultural designation;

Eliminates possible future residential, industrial and commercial uses and instead establishes coastal agriculture near Agua Hedionda Lagoon and with THE FLOWER FIELDSŪ as deserving special conservation measures and continued coastal agricultural production;

Identifies the areas differently in both text and exhibits;

Eliminates the potential for industrial scale utility functions within the 640-acre utility corridor owned by San Diego Gas and Electric for the Encina Power Plant and restricts uses to only existing utility transmission corridors, coastal agricultural production and open space;

Conserves and insures coastal agricultural production by whatever means practicable and re-designates approximately 45 acres described above from travel/recreational commercial use to open space and coastal agricultural.

Proposition E is effective December 19, 2005 (date submitted to the Clerk) and directs the Council to amend the Plan, sub-plans, community plans, specific plans and zoning ordinances to make them consistent. Permits the amendment of Proposition E by the Council without a vote of the people in limited circumstances but otherwise cannot be amended except by a majority vote. If there are competing propositions on the ballot, then the one with the highest majority vote prevails.

A “YES” VOTE MEANS: You wish the Plan to be amended and authorize the City Council to amend zoning codes and other documents necessary and to present them to the California Coastal Commission for approval. Proposition E will not be effective unless and until approved by the California Coastal Commission.

A “NO” VOTE MEANS: You do not wish the Plan to be amended and do not wish the City Council to amend the zoning code and other plans nor to apply to the California Coastal Commission for approval.

FISCAL IMPACT: Should Proposition E be approved, according to the Elections Code Section 9212 Report, one time fiscal impacts could range between $28,484,000 to $36,534,000 if there is an adverse judicial determination that Proposition E over regulates private property rights. However, the Initiative expressly allows the City Council to amend it without a vote of the people if there is substantial evidence of an uncompensated taking of private property rights. On-going loss in potential revenue from development of the 45 acres designated travel/recreation commercial is from $2.8 to $3 million annually.

City of Carlsbad

No on Prop E

In a grassroots effort, more than 7,000 Carlsbad voters signed petitions to place this Citizens’ Initiative on the ballot as Proposition E. Prop E is an effort to preserve some small remnant of Carlsbad’s agricultural history, prevent massive development and overcrowding, and preserve open space, public access, and sensitive habitat. As the Flower FieldsŪ have shown, agriculture and agri-tourism can help the local economy while providing benefits for Carlsbad residents.

VOTE YES ON CITIZENS’ PROPOSITION E! VOTE NO ON POLITICIANS’ PROPOSITION D!

STRAWBERRY FIELDS FOREVER!

Only this Citizens’ Initiative:

• amends Carlsbad’s General Plan to ensure permanent protection for the agricultural lands along the south shore of Agua Hedionda Lagoon;
• allows open space, habitat, and power line uses;
• retains plans for public trails and lagoon access;
• prevents the development of incompatible large stadiums, private entertainment facilities, parking lots in the strawberry fields; and
• does not create new traffic problems.

Proposition E:

• helps the City avoid lawsuits.
• complies with California state mandates, including the Habitat Management Plan.
• preserves Carlsbad’s Growth Management Plan.
• frustrates City politicians’ efforts to violate our Constitutional rights, including property rights.
• requires no new infrastructure.

• This Citizens’ Initiative was created by an independent group of Carlsbad residents to preserve current coastal open spaces, historic coastal agricultural lands, and other compatible uses in this area.
• City politicians, working with large landowners and developers, have created a competing ballot measure designed to defeat this Initiative and enable massive development of this area. The City has already spent over $150,000 on this effort.

VOTE YES ON CITIZENS’ PROPOSITION E! VOTE NO ON POLITICIANS’ PROPOSITION D!

MICHAEL BOVENZI
Contractor/Developer

JIM STRICKLAND
(Retired) US Navy Chief

RONALD D. ALVAREZ
Member of Concerned Citizens of Carlsbad

• Proposition E strips-away all existing property rights from the landowners in the area and could cost Carlsbad citizens million of dollars in compensation.
• Proposition E requires Carlsbad citizens to do whatever is necessary to ensure that the landowners continue to farm their land. Will this require the citizens to financially subsidize the farming?
• A report prepared by an independent financial expert stated that the potential liability associated with this Proposition could cost the Carlsbad taxpayers over 30 million dollars.

• Proposition E is in conflict with the City’s Habitat Plan. It places an agricultural designation on properties that contain natural habitat and wetlands. Is it the intent of this Proposition to have these natural habitats destroyed and replaced with farming operations?
• Proposition E is in conflict with the California Coastal Act. It proposes to reverse plans and environmental mitigation established by the State Coastal Commission.

• Proposition E does nothing to enhance public accessibility to the area. Most farming operations are off-limits to the public because of chemical and security concerns.
• Proposition E could thwart existing city efforts to improve public access to the area including public trails and viewing areas.

CLAUDE A. “BUD” LEWIS
Mayor, City of Carlsbad

MATTHEW HALL
Councilmember, City of Carlsbad

MARK PACKARD
Councilmember, City of Carlsbad

ANN J. KULCHIN
Councilmember, City of Carlsbad

NORINE SIGAFOOSE
Carlsbad City Council

Most citizens enjoy the Strawberry Fields and would like them farmed for as long as possible. Proposition E, however takes the wrong approach to doing this and could cost the taxpayers millions of dollars.

This proposition places a permanent agricultural designation on the Fields and a large area around the Fields. It would require the property owners to continue to farm the area regardless of feasibility. No other uses would be permitted. It strips away all existing rights of the property owners approved by the City and the State Coastal Commission many years ago. The owner of the Strawberry Fields has already publicly stated this proposition will result in litigation over the taking of existing property rights. This could end-up costing the Carlsbad citizens millions of dollars. The proposition also requires the City to ensure farming of the land. Does this mean the City will have to financially subsidize the farming?

Proposition E has other problems:

• It places the agricultural designation on lands containing habitat for endangered plants and animals. Will approval result in these lands being stripped of natural habitat and used for farming operations?

• The proposition would lead you to believe that the existing Flower Fields are threatened. This is untrue! The existing Flower Fields are already preserved through a previous agreement between the City and the owner.
• This proposition cannot go into effect unless later approved by the State Coastal Commission. The fate of this proposition will be determined by the Coastal Commission and not the voters of Carlsbad.

CLAUDE A. “BUD” LEWIS
Mayor

ANN J. KULCHIN
City Council Member

MATTHEW HALL
Mayor Pro Tem

MARK PACKARD
City Council Member

CHARLES TED OWEN
President & CEO, Carlsbad Chamber of Commerce

CITIZENS created Proposition E (ENVIRONMENT) to ensure permanent protection of agriculture and open space.

POLITICIANS and DEVELOPERS want to develop this area and created a “sham’’ (PROPOSITION D), in an effort to defeat the will of Carlsbad citizens.

Proposition E (ENVIRONMENT):

• Does not force anyone to farm. SDG&E doesn’t farm, farmers do.
• Encourages farmers to continue to farm. •*Allows other compatible uses in the area.

Proposition E (ENVIRONMENT):

• Ensures “...compliance with any State mandated programs... or other matters… required by State law...,” including the Coastal Commission and Habitat Management Program.
• Protects existing rights of property owners and avoids lawsuits by specifically requiring the City to protect “...Constitutional rights, including property rights, and no takings shall be allowed...”
• Does not require any City financial subsidy.
• Avoids millions of dollars of legal, planning, traffic mitigation, and facility development and police, fire, and public safety costs associated with alternative development proposals for this area.

• 7,000 Carlsbad voters placed Proposition E (ENVIRONMENT) on this ballot to preserve current coastal open spaces, agricultural lands, and other compatible uses.
• City politicians, large landowners and developers created a competing measure designed to defeat this proposition and enable massive development in this area.