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HomeMy WebLinkAbout1982-11-02; City Council; 7070-1; Tamarack AV portion reimbursement requestCI, -QI . 3~ CARLSBAD - AGENL - A Q' ALL ~~ ~ ~ REQUEST TO CONSIDER A rllTG. 11/2/82 REIMBURSEMENT FOR PORTION IEPT. CA OF TAMARACK AVENUE DEPT. HD.- CITY ATTYE2 CITY MGR.& RECOMMENDED ACTION: Accept the proposed settlement outlined in the Item Explanation and direct the City Attorney to prepare the documents necessary to accomplish the settlement. ,ITEM EXPLANATION This request for reimbursement for the construction of Tamarack Avenue was originally scheduled for the Council's June 29, 1982 meeting. It was continued to allow for further discussions between the City, representatives of Mr. Ward and representatives of adjoining property owners. The City Manager requested that our office coordinate these discussions and represent the City's position. After several meetings no solution acceptable to all the parties has been achieved. Mr. Ward continues to demand reimbursement in an amount of $720,864. The adjoining property owners and the City staff are of the opinion that this figure cannot be justified. The adjoining property owners are Mrs. Robertson and Mrs. Kelley to the south, and Mr. Woodward to the north. The City staff believes that Lake Calavera Hills is legally not entitled to any reimbursement primarily because the road is no larger than is necessary to serve the needs of the Calavera Hills Master Plan area. This position has not changed since the matter was originally scheduled for Council. A copy of the original agenda bill is attached as Exhibit A. This position is joined in by representatives of the adjoining property owners. Copies of letters from their attorneys, Mr. Vetter and Mr. Hague, outlining their position is attached as Exhibit B. The original agenda bill refers to provisions,of the Subdivision Map Act and the Carlsbad Municipal Code dealing with reimbursement for oversizing subdivision improvements. Because Tamarack was imposed as a condition of the Master Plan these provisions do not apply to this matter. A copy of the original agenda bill is attached as Exhibit A. Despite its position that no reimbursement is required, the City has attempted to achieve a negotiated settlement to this dispute. A proposed settlement has been offered without prejudice to the City's position or the position of the adjoining property owners. Representatives of the adjoining property owners have indicated that they would recommend acceptance of the settlement to the owners. The solution is outlined in the memorandum by the City Engineer dated October 4, 1982 attached as Exhibit C. Under this proposal Mr. Woodward would pay $95,007 and the Robertsons and Kelleys would pay $102,428. No discussion has occurred on the timing of the payment or the manner of implementation. Those details would be worked out if Council accepted the proposal. or I Page 2 of Agenda Bill 7070-1 This settlement is based on the assumption that there is some incidental benefit to the adjoining property owners from the existence of the road, even though the road is no bigger than necessary to serve the needs of Lake Calavera Hills alone. The benefit to the adjoining owners has been determined to be one traffic lane plus curb, gutter and sidewalk. Mr. Ward's attorney, Mr. Asaro, has stated that in his opinion the road is far in excess of the needs for Ward's development and therefore refuses to accept the settlement. The City staff disagrees with Mr. Asaro's figures and analysis. Pursuant to the agreement entered into between Lake Calavera Hills and the City for resolution of the sewer plant controversy the Council is required to consider Mr. Ward's request and he is required to accept the Council's decision on the matter as final. A copy of that section of the agreement is attached as Exhibit D. EXHIBITS Exhibit A - Agenda Bill No. 7070 and two exhibits to that agenda Exhibit B - Letters from law firm of Feist, Vetter, Knauf and Loy. Exhibit C - Report by City Engineer dated October 4, 1982. Exhibit D - Copy of Section 7 of agreement between Lake Calavera bill. Hills and City of Carlsbad, dated January 20, 1981. 2 V'FRANK ASARO. M. ROBERT REINSCHREIBER WILLIAM 8. VAN OUSEN SCOTT A. SMYLIE *DENOTES A PROFESSIONAL CORPORATION LAW OFFICES ASARO & ASSOCIATES AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS 411 BROOKES AVENUE SAN DIEGO, CALIFORNIA S2l03 - AREA CODE 619 295-0101 July 12, 1985 Daniel S. Hentschke, Esquire Assistant City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Aletha L. Rautenkranz Clerk, City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Dear Mr. Hentschke and Ms. Rautenkranz: Pursuant to direction of the City Council of the City of Carlsbad to the City Attorney on November 2, 1982, as set forth in the Minutes of Council meeting on that evening, please pre- pare the documents necessary to accomplish the settlement as outlined in the City Engineer's Memorandum dated October 4, 1982 (a copy of the minutes and nemorandum are attached). Lake Calaveras Hills Association will execute said documents. ours , \ : Asaro Attorneys for Lake Calaveras Hills Association VFA : km Enclosures cc: Mr. Roy Ward