HomeMy WebLinkAbout1977-05-17; City Council; 2027-5; Poinsettia Lane Grade Separation-R , Initial:
Dept. Ed.
DATE : May 17, 1977 - C, Atty.
AGEK’DA BILL NO- 2047 #Cr
n
__ _-- -__ SUbj ?Ct:
POINSETTIA LANE GRADE SEPARATION -
Stotszient of the Matter _. ___
Several months ago CalTrans had indicated to the City that unless we
were able to proceed with the Poinsettia Lane Bridge across the ra.il- road, we would lose our eligibility for State Grade Separation Funds.
The project involved construction funded one-half from Grade Separa-
tion Funds and one-half from local developers. The City had applied
for, and been denied, a coastal permit for the project.‘ The devel-
opers attempted to secure a court decision that their project was vested prior to, and therefore not subject to, the Proposition 20
regulations. While this course of action was being litigated, Cal- Trans extended our claim to funds. The developers lost their case in court.
With the decision against the developers, they were not overly eager to commit additional funds for the bridge without assurances that
they could build. We were thus unable to promptly re-establish a
program to construct the grade separation. Because of this delay, CalTrans had to reallocate the funds elsewhere.
Staff is currently doing an analysis of all the agreements, amendments to agreements, development plans, subdivisions, etc. that have occcrrd
since the original project which-was taken over by Occidental. We are also studying how to handle moneys which have accumulated in
the bridge account as a result of development that has occurred anc!
how to handle any other obligations that the City or Occidental Land Company have assumed. A staff report will be prepared summarizing
all actions to date and will be presented to Council in the near
future.
e
Exhibit
CalTrans letter of April 26, 1977.
Recommendation
No Council action is required.
Council action
5-17-77 Discussion was held and no action taken.
.- :*p* T)sL'1 3u.s:sey
CLty Gamger
City of Carlsbad
1200 Elm Eiveriue Carl sbad, CA., 92008
Attn: Mr. Ron Beckman:
Dear Mr. Sussey:
11-SD-0-Cbd
Foinsettia Lane O.H.
Grade Separation Fund
11171-918051 Priority :lo. 40-1973
RECEIVED
APR 2 9 1977
I deeply regret to zdvise you that we can no longer delay reversion of the Foinsettia Grade Separation allocation to the Grade Separation Fund. The Streets and Highways Code, Section 2457, provides that if funds are not obligated by contract within 12 months of allocation, the Comission may
o:-der the allocation cancelled. In addition to three time extensions grznted by the State, the Cltty has never executed
the City-state Agreement which we forwarded with our letter
of January 8, 1974. The time extensions were as follows:
October 24, 1974 .............. 12 months
September 26, 1975 ............. 6 rconths
r-;ay 13, 1976 .................. NO Limit
The Order to Construct, Decision #81722, issued by the PUC on August 14, 1973, expired on August 14, 1976,
&
lie now feel 2s a result of the delay, that it would be most equitable to allow these funds to be used on some other -iiorthwhile project within the State. If, in the future, the City acquires the necessary clearances, it should up- date its submittal and reapply for a priority on the annual
grade separation list.
Dist J* DRna L- t Director of Transportation
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