HomeMy WebLinkAbout1999-07-13; City Council; 15318; Perimeter Wall at Carrillo Ranch Community Park. .
CITY OF CARLSBAD -- AGENDA JLL
AB# 15,118 : TITLE CONSTRUCTION OF PERIMETER DEPT.HDp
MTG. 7/13/w WALL AT CARRILLO RANCH COMMUNITY PARK CITY ATTY -
DEPT. Recreation CITY MGR. 3
g RECOMMENDED ACTION :
3 Staff recommends that the construction project currently underway to develop a six foot masonry
% wall around the Carrillo Ranch in accordance with the Park Master Plan continue as designed
g without delay.
Vi
5 ITEM EXPLANATION :
3 z
8
As a result of the recent construction activity which will provide a six foot masonry wall around
the perimeter of the Carrillo Ranch Community Park, local residents in the immediate vicinity of
$ the park are appealing previous recommendations and actions to develop the structure.
.Z 4J Consequently, a solicitation has been made by them to cease construction (Exhibit 1).
0” u Phase IA of the Carrillo Ranch, which includes perimeter wall, fencing and landscaping was
s initially approved as part of the 1998-99 Capital Improvement Program (CIP) Budget. Since that
0” time, plans and specifications have been developed, the project has undergone approval of the
z bidding process, the contract has been awarded and construction has begun.
d
In advance of this Capital Improvement Project being approved, this particular phase of
development of the Carrillo Ranch Park was part of an overall Park Master Plan which was
initiated in 1991. As the attached report (Exhibit 2) will identify, close to a decade of publicly
open meetings, including Commission(s) sub-committees, community planning workshops,
review and response to the Ranch0 Carrillo Environmental Impact Report, have all produced
recommendations which are incorporated within the Leo Carrillo Ranch Park Master Plan. The
Master Plan was subsequently approved by City Council on January 13, 1998 and its
i implementation has been addressed annually in the CIP Budget since that time.
z4 fda Although the attached report and staff discussion can provide greater detail, the fundamental
l-l
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reasons that a masonry wall as designed was the subject of numerous recommendations during
2 the many public meetings are as follows:
l A desire to provide security to the facility; its historic buildings, grounds and artifacts
collection.
l To control access to the park at prescribed locations and times.
l To buffer the remaining elements of the historic ranch from residential development.
l To serve as a sound attenuation barrier and provide a sense of seclusion to park users.
As part of a comprehensive Park Master Planning process, staff has taken great strides to
encourage involvement from representatives of the entire community in the ultimate development
of the site. Having done that, staff is recommending to proceed with the project as previously
recommended and approved by City Council.
AB# 15,318
Page 2
FISCAL IMPACT:
The budget for Phase IA of the Carrillo Ranch, which includes the perimeter wall, fencing and
landscaping is $499,568. Although the amount of the bid for construction was $413,721, the
remaining cost of $85,847 includes associated expenses for engineering inspection and
contingencies. Any cost resulting from project delay cannot be estimated at this time including
possible litigation expense.
EXHIBITS
1. Letter from Audrey Powers Thornton June 29, 1999
2. Memo to City Manager - Carrillo Ranch Wall Issues
AUDREY POWERS THORNTON
Attorney at Law
Admitted to practice in:
Calitimia
Connoctiart
June 29,1999
Mayor Buddy Lewis
City of Carl&ad - Planning Dept.
1200 Carl&ad Village Drive
Carlsbad, CA 92008
Fax No.:720-9461
RE: Leo Carrillo Ranch - Current Wall Construction
Dear Mayor Lewis,
I am writing to request a meeting with you and the community residents of Ranch0
Carrillo. We were shocked and outraged at our discovery on Thursday that the City is
building a 6 foot wall around the historic Leo Carrillo Ranch Community Park.. I moved to
the Ranch0 Carrillo development in Carl&ad and bought a house across the street from the
historic Leo Carrillo Ranch for the express purpose of viewing the beautiful park and the
ranch buiklings fiomthe nature trails around it. My neighbors and the people who have come
to visit this unique and special preserve in our community have all expressed their pleasure
in viewing the beauty ofthe historic Leo Carrillo Ranch fiomthe streets and the walking trails
surround it or from our backyards.
Construction ofa 6 foot wall surrounding the state park and the beautiful old buildings
will ruin the views enjoyed by our community and impair the beauty of this valley. This wall
will destroy the purpose of using the nature trails around the park because we will be unable
to look at the beauty of Leo Carrillo Ranch as we walk along the trail. One cannot see over
a 6 foot wall. This wall will prevent any visitor to this community from observing the beauty
of the historic Leo Carrillo Ranch Community Park..
We request that you consider the following factors in support of our request for
mitigation:
* The wall is inconsistent with standards for City Parks - No other city parks,
6343 PASEO CORONO . CARLSBAD, CA l 92009
PHONE: 760 43 l-9538 l FAX: 760 43 l-9538
EXHIBIT 1 a
-z-
JUNE 29,1999
including historic preserves, in Carlsbad and San Diego have walls inhibiting the public’s view
of the park - Presidio Park in the Mission Hills neighborhood of San Diego is a perfect
example because it is used by the public for private occasions and yet is completely open to
the view of the houses surrounding the park;
* Residents of the Ranch0 Carrillo community should have a voice in final treatment
of the park this decision to wall off the park was recommended by a group of citizens who
live miles away from Ranch0 Carrillo and are trying to exclude the enjoyment ofthe residents
of Ranch0 Carrillo, to maintain a “private sanctuary” for the enjoyment of only those who are
inside it;
* Residents of the Ranch0 Carrillo community deserve a voice in the treatment of the
city park in part because residents are being taxed $5000 and more to pay for the access to
Leo Carrillo Park, which is Melrose Drive;
* Walking next to a 6 foot wall will reduce the “nature trails” to “wall tmils” next to
Leo Carrillo Ran&
* The purpose of the wall is not to prevent theft from the Ranch buildings but is a
“privacy wall” for those outside the Ranch0 Carrillo community who rent the Park and use
it privately. The only effect this wall will have is to prevent the community from viewing the
beauty of the Ranch
We ask that you end this construction immediately or that you take measures to
alleviate the view impairment of this wall.
J&gy&g
Audre owers Thornton
RAN.C.H.0. - Ranch0 Carrillo Homeowners
IrlJL-0’1-99 89 :36 AM t,*‘- L I 12 t4 I t4 D IJ S T R I E S 71=“7275 108
Lance D, Block
6335 Paseo Corona
Cartsbad. CA 92009
July 1, 1999
RE; Leo Carrillo Ranch - Current Wall Construction
Mayor 8ud Lewis
City of Carlsbad
Via Fax : 760.720.9461
Dear Mayor Lewis,
P!ease put an end to the ludicrous construction and current plans for the Walled Enclosure
of Historic Leo Carrilto COMMUNITY Park
The lure of the City of Carlsbad and the Historic Leo Carrillo Ranch is the pristine beauty,
open space, and friendly atmosphere that is missing from communities across the country.
My wife and I work extremely hard to provide a nurturing family environment, which includes
our decision to raise our family in Ranch0 Carrillo across from Leo Camllo Ranch,
Construction of this wall will destroy the histntic beauty of this great valley and community
while continuing the evolution into another concrete and steel city.
: w wed “Friends of Leo Carrillo Ranch” want to limit access and viewing of Our
7 ‘\. Community Park For What? - TO INSURE PRIVACY FOR PRIVATE PARTIES AND
‘,WEDDINGS! In keeping with that philosophy, the city should build a wall to block access
and viewing of Cartsbad State Beach and the Flower Fields. I think you will agree that the
importance of teaching the children of Carlsbad and San Diego to enjoy and learn about
nature and our histary significantly outweighs the self-serving desires of this group.
Mayor Lewis put an end to this wall construction so that those who live and view the area
every day can continue to enjoy the peace and serenity that has drawn us to Carlsbad and
Ranch0 Carrillo. Thank you for your time and consideration in this matter, I am available at
727-5102 ext.26 if you would like to discuss this further,
‘..
Cc: A. P. Thornton - Attorney at Law
F.02
July 7, 1999
TO: CITY MANAGER
From: Park Development Coordinator
CARRILLO RANCH WALL ISSUES
This report is to respond Council’s questions concerning Phase IA of the Carrillo Ranch
(perimeter wall, fencing and landscaping). These questions have arisen as a result of
issues brought forward by several residents of “Ranch0 Carrillo”, the new housing
development surrounding the Carrillo Ranch. The residents concerns were first brought
to the City’s attention via a letter from resident Audrey Thorton (6/26/99, Attachment
A). In summary, they object to construction of the wall which they claim will block their
views into the Ranch from their homes and surrounding trails. They feel that there
should be no wall, or that the wall should be redesigned to allow views into the Ranch.
These issues were discussed at a meeting on July 1, 1999, that was requested by the
Audrey Thorton, Nannette Mearhead, and William Kennedy, who are all residents of
Ranch0 Carrillo adjacent to the Ranch. Attending the meeting from the City was Mayor
Lewis, Mayor Pro Tern Hall, City Attorney, and staff. Also in attendance was David
Lother, Vice President of Continental Homes who was asked to attend the meeting by
the residents.
At a subsequent meeting, Ms. Thorton and Mr. Kennedy also met with Councilwomen
Kulchin and Nygaard.
Following these meetings, Council requested that staff report on the following
information:
1. What was the public input process during different phases of planning for the Carrillo
Ranch, in particular related to the wall?
2. What was the reasoning behind the perimeter wall and the design of the perimeter
wall?
3. Do other historic have perimeter walls?
1. PUBLIC PROCESS
The Carrillo Ranch has, by far, had more public input and participation than any other
park in Carlsbad. There have been several committees and reports over the years. The
two major committees were the “1991 Carrillo Ranch Subcommittee” which produced
EXHIBIT 2 6
pg. 2, Carrillo Wall
The Carrillo Ranch Subcommittee Final Report, and “The Carrillo Ranch Master Plan
Steering Committee; 1996” which produced the Carrillo Ranch Master Plan (for more
detail, refer to Attachment 6).
Both these Committees:
l Consisted of representatives from several City Commissions and related community
groups.
l Met over an approximate 18 month period each to gather public input and make
recommendations on a variety of issues related to the Carrillo Ranch, including issues
concerning construction of a perimeter wall. All the meetings were public and were
noticed in a variety of ways including through the newspapers and posting flyers
throughout the community.
l Took their findings and reports to their perspective Commissions where they were
approved at public hearinus.
Their related findings are incorporated in the sections below.
2. WHY A WALL? / DESIGN ISSUES
Providing walls and fences around the Ranch accomplish the following goals:
a). General security and the ability to close the park during certain hours.
b). Controlled access so that visitors can be directed into the Ranch to
experience a certain historical sequence of entry .
cl. A sense of enclosure and privacy while within the Ranch.
d). Sound attenuation
The wall concept was a direct result of acknowledging the findings of the public input
process. The following findings led to inclusion of a wall in the Master Plan:
The park development should be sensitive to view corridors within the ranch to
maximize isolation of the park. (Carrillo Ranch Subcommittee Final Report;
“CRSFR”)
Development around the park should be buffered so as not to intrude upon the
seclusion of the park (CRSFR).
Permanent security means should be provided for the historic structures.. . . . .
(CRSFR)
pg. 3, Carrillo Wall
Findings (continued)
The potential for vandalism should be lessened by future tentative maps through
the placement of wall and other measures as suggested by the City . . . . . . . (Ranch0
Carrillo EIR, “RCEIR”, mitigation measures proposed for negative effects of the
surrounding housing development on the Ranch)
“Need perimeter security ‘7 “Security with manpower and high tech / use
bougainvilla on high walls”: Keep hidden with tall eucalyptus trees / seclusion is
key’> “Fencing very necessary’> “Fencing a must” (Comments from community
workshops)
A six foot high adobe perimeter wall will be provided around a major portion of the
ranch for security and safety (Carrillo Ranch Master Plan; “CRMP”)
The ability to limit opportunities for unobserved access (Calif. Dept. of Parks and
Recreation Museum Operations Manual)
Residents also point to the fact that other Carlsbad parks are not fenced. Because this a
unique park within the City, the only one registered as an historic site, providing security
was a consistent theme throughout the public input process.
Some of the residents also suggested that the wall be redesigned to be “see through”,
(e.g. using wrought iron fencing on the top half of the wall). This idea was not
considered because the goal was to create privacy and a feeling of getting away from
the surrounding development (from the above mentioned documents; maximize isolation
of the park and seclusion of the park). In addition, it was important to match walls found
in the Ranch (which the solid stucco wall does).
The residents also were displeased with the proposed white color of the Ranch wall. The
reason to use white plaster came from other statements in the previously mentioned
committee reports as well as input from the design team.
. . . . . .permanen t walled structure comnatible in design which would also serve as
sound attenuation barrier, (RCEIR). This statement refers to compatibility with
existing Ranch walls, which are white.
This wall will be concrete slump block with stucco and finish to match the old
stucco of the abobe structures. (CRMP)
In response to claims that the wall doesn’t fit in with the surrounding development, this
is true. Staff and consultants meant for the wall to match the existing Ranch walls, not
the private adjacent development that was developed subsequently. It was important to
staff and the consultant team to design a wall that would “tie into” and was “part of”
pg. 4; Carrillo Wall
the Ranch. Staff is not sure why the developer of Ranch0 Carrillo didn’t attempt to be in
concert with the existing Carrillo Ranch walls when they designed their walls.
3. EXAMPLES OF OTHER HISTORIC PARKS
There are examples of historic parks to be found in Southern California that have walls
and those that do not. However, several examples that are most similar to Carrillo Ranch
in relation to proximity to residential development that are secured with walls are:
Ranch0 Buena Vista (Vista)
Los Alamitos (Los Angeles)
Los Cerritos (Los Angeles)
Adobe Palomares (Pomona)
Olividas Historic Park (Ventura)
CURRENT STATUS OF THE PROJECT
Construction of Phase IA was started on June 21, 1999. The contractor has completed
the following work;
1. Wall footings have been dug.
2. Rebar for the footings has been installed.
3. Pouring of the concrete footings has begun.
ALTERNATIVES
The following alternatives are provided for Council consideration:
1. Continue with Phase IA construction currently underway.
2. Redesign the wall to include partial see through wrought iron.
3. Replace the wall with a fence at the bottom of the slope.
4. Eliminate all walls and fencing around the Ranch.
Because a contract for construction has been executed, and work is underway,
Alternatives 2 and 3 would result in significant costs to the City. There is no way at this
time, however, to estimate those costs.
Due to the extensive public input process that resulted in the current wall design,
previous Commissions and Council approvals, and the expense of making changes to a
construction contract currently underway, staff recommends No. 1 above.
4
pg. 5; Carrillo Wall
Mark Steyaert
Attachments: A) Letter from Audrey Thorton to Van Lynch (June 26, 1999)
B) Carrillo Ranch Committees
C) Carrillo Ranch Volunteer Curator Bullet Points
c: City Attorney
Assistant City Manager
Recreation Director
Senior Management Analyst Beverly
Public Works Director
Public Works Manager, Cook
Jdiy id-dJ fiLih by: 13 cj'l'y u/- ~fit&StlHij COMM IX FAX NO, 43xHY4 P, 03 . /‘. FF?CJrl : fhdrey POWEH Th0~- - Esq. f3-r.3E t-to. : ‘zB3 24 7271 ZTZ-~ Dg
-. Jun. 26 1339 t32:29pM PI .
AUDREY POWI&RS THORNTON
Admtttd ta prnchx in:
CrJlMa
ccnl-lcotlwl
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June 26,1999
Van Lynch City of G&bad - Plan&g Dept,
1200CurksWVillngeMve
Carlsbad, CA 92008
Pm No.: 438-0894
RE: Leo CarUo Ranch - Currant WalI Construction
J am writing to express my shock md outrage at our diimwy on Thursday that the
City is building h 6-8 fovt wall around the histotic Loo Carill Ra3och Community Park.. I
moved to the Ran&o CaNo developmenl in C&bad and bought R how across the street
fivm the hhtork Leo Carrillv’Ranch firr the ~~pcss purpose Of VfCWhg and enjoying the
bemtitil state pak and the ranch buMngs, My neighbors &the pevplc ho &c come
to visit this unique Emd specs preserve in our community have all expressed their pleasure
in viewing the beauty of ti historic Leo Cerc;llo Ranch from ihe streets Rndth~ wztIking trails
surroundhg it OT fmm our bxmds,
Construction of a 6-8 foot wall mounding the state pa& and the beautiful old
buildings will destrvy the views mjvyedby our community and impa; the beauty of this valley
with an ugly blotch on the landscape. This wall Ml1 prevent any visitor to this community
fivm observing the beauty ofthe historic Leo CtiIb Ranch Comtnutkity l%rk. One cannot see
over a 6-8 foot wall. This wall will destroy ihe beauty ofusing the walking trails around the
state park &cause we will be unabIe to loOk at the tity of Loo CkiI10 Ratwh as WCI walk
along the trail. Finally, this wail will lower rhe values of our prvperty, dcstroting the one
si@.tIcant fscror rhat made us alI come and buy property ti Ranch0 Cariillo,
What was the prpose of preserving a historic site and classifjiag this as a state park
ti343 lzlrkr~~ CORONO. CALLSBAD, CA l 92009 PIIONE: 760 431-9538 l FAX; 760 431-9538
I IATTACHMENT A
c~'l'y 0~ (#?iStiAD CUIM DE FAX NO, 4380894 P, 04
.* Jug-2k+gY MOti UYi 16 * !=F& : hd=~ i%lerQ Thorn Esq. H-&ENO.: 7t5c3 944 7272 3-m. 26 I.993 CQ:E~‘M p2
’ -2- JUW 26,1999
\ :,q Y \ il.; if yob intend to hide it in a box fhmthe publib sight? I know of Ilo other stals pa& ir, the
\I country which ia hidden iimn sight.
If tb purpose aWe well is to prevent th& From the Ran& buildings it will have ra
inqwi on that trpe of crime, the ody cffht this wall will lwe b to prevent the public hm
viewing W lxxmy of the Ran&.
Cmstrmtion of this wd will fntstratc the entire purpose of preservation of our state
park,
1 a& that y0u cd this c~nstrudion hnmediaely or that you take measures to alkwkto
the view impailment of this mlL
CC: Mayw Buddy Lewis Condoms Home3
l3ionds of,Leo Carillo Ranch Saul Diego Union Trihutte Not& County ‘I’imes
2
--- ‘f -17 f 1
JUir-~a-33 I-ION tiY: id i;[‘l‘Y OF CHkLSbhu CutVl IX FAX NO. 438JtiY4 P, 02 ..-. __.
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1 I I II I I 11 1 I 1
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I
CARRILLO RANCH COMMITTEES
1991 Carrillo Ranch Subcommittee
The first Subcommittee dealing with the Ranch consisted representatives of the
following Boards and Commissions:
l Parks and Recreation
l Historic Preservation
l Arts
l Planning
l Open Space Advisory
l Carrillo Ranch Volunteer Curator
In addition, the participation of the following community organizations were sought:
l Friends of Carrillo Ranch
l Carlsbad Historic Society
l The Carlsbad Arboretum Foundation
This committee convened over an 18 month period and produced a final report
addressing 2 major issues; 1) parkland dedication, and 2) recommendation related to the
future master plan of the park, including issues related to the perimeter wall. The final
Carrillo Ranch Subcommittee Report was approved by all the Boards and Commissions
represented.
The Carrillo Ranch Master Plan Steerina Committee; 1996
This Committee was convened in 1996 to help guide and facilitate public input into the
Carrillo Ranch Master Plan. The following Boards and Commissions were included in this
group:
l Parks and Recreation
l Historic Preservation
l Arts
l Carrillo Ranch Volunteer Curator
Again, the participation of the following community organizations were sought:
l Friends of Carrillo Ranch
l Carlsbad Historic Society
l The Carlsbad Arboretum Foundation
In addition, the developer of “Ranch0 Carrillo” was invited to all the meetings, however,
they only attended one.
ATTACHMENT B
13
Pg. 2, Carrillo Ranch Committees
The Steering Committee held several public meetings over an 18 month period including
2 public workshops and one “open house” attended by several hundred interested
citizens. At all these workshops, issues of security and privacy were discussed and the
Carrillo Ranch Master Plan recommendation were shown (including drawings of the wall
as it is currently being constructed).
The end product of this effort was production of The Carrillo Ranch Master Plan. This
master plan was reviewed and approved by all the Boards and Commissions represented
(November / December 1997) as well as by the City Council (January 1998).
*
*
*
4
*
*
*
9 *
*
*
*
-9
*
Master Plan was approved by Council 18 months ago and has been a public document ever since. Copies have been available at both libraries.
Dave Lother has been involved for over two years in the planning process and has a copy of the Master Plan.
The wall design and description is clearly outlined in the Master Flan and the bidding process has been on Council's agenda several times.
Continental had an obligation to share this with its homeowners instead of just promoting views on its web page. (see attached) The cost of any design changes at this late date or any contractor litigation should be borne by Continental.
The Friends of Carrillo Ranch and the Volunteer Curator support the Master Plan. They believe the ranch will never reach its full potential without the proper security. (you have our permission to include this statement in your report)
All those involved in the Master Plan process agreed that security was of utmost importance and that there would be external artifacts at the ranch subject to theft or vandalism if a wall were not in place to protect them. Other historic venues have walls for the same reason.
This Master Plan had more input from the public than any other park master plan + 300 attendees at the open house.
The Master Plan won the prestigious California Preservation Foundation award . ..it was prepared by KTU+A, one of San Diego's leading architectural and landscape planning firms.
REs wall next to the trail feeling like an alley - it was Continental's grading plan that made it necessary to locate the trail where it is. The wall installation alongside the trail on the city's boundary is the only way to secure Deedie's House.
Ranch0 Carrillo's villages are all walled - perhaps for the same reasons as the ranch - security and privacy.
We all believe once the wall is covered with bougainvillea (and/ or other flowering vines) it will enhance the beauty of the neighborhood - not detract from it. RE: the color of the wall being white - CARRILLO ELEMENTARY SCHOOL IS WHITE.
FYI - Since Carrillo Ranch has been heavily promoted as a selling point for homes in Ranch0 Carrillo, the residents may have the impression this is a "neighborhood park" rather than a "community park". The question may come up as to why we didn't wait until they all moved in before doing the Master Plan. The answer to that is "we were trying to protect the park from negative effects as a result of the development around it". This is a fragile historic site whose integrity must not be compromised.
ATTACHMENT C /6
2
* The on-site resident caretaker deserves privacy only a wall can afford.
* Interior view corridors must be preserved for ranch visitors. They need to experience the living history of a 1937 working rancho without the visual intrusion of modern day homes. The ambiance is a critical element or the visit will not be a memorable one.
Shirley Dahlquist-Bursvold
1845 Bienvenida Circle
Cat&ad, CA 92CO8
Telephone (760) 729-9403
c: Mayor
Mr. Claude Lewis
Mayor, Carlsbad
city council
City Manager
City Attorney
city Clerk
July 12, 1999
Dear Buddy:
I’d like to respond to the homeowners who purchased homes in the Carrillo Ranch project
who are now protesting the protective wall around “The Ranch”. The city is not in the
business of correcting the undisclosed facts of an unscrupulous sales person in their over
zealous sales pitch.
The fault lies with that sales person, and perhaps ultimately the developer, Continental
Developers, in not monitoring their sales department. Leo Carrillo Ranch, per se, has
been on the books long before the vision of the new community was ever a glint in the
developer’s eye.
The unhappy homeowners are addressing their concerns in the wrong direction. They
need to take it back to sales to correct any future problems, and learn to live with what is
not in place. Next time ask more critical questions before purchasing a home that NOW
has a view.
UnGortunately this is not the only time this has happened.
Thank you for listening to my venting.
Sincerely,
sR;a, Q.-B
cc: Ramona Finnila
Matt Hall
Arm Kulchin
Julie Nygaard
6
FRIENDS OF CaRILL RANCH, INC.
2622 El Aguila Lane, Carlsbad, CA 92009 Cl 760/438-1666
e-mail 0 rancho@email.com
July 12, 1999
Hon. Buddy Lewis Mayor, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
SUBJ: Agenda Bill of July 13, 1999 Vonstruction of Perimeter Wall at Carrillo Ranch Community Park"
Dear Buddy:
P’ -.i .I
‘P.., b.. $1 : ’ :’ rJ......3* i -
i: 1’ .Janq-Ter
:L, , 2 :s:,ley
ciiy L1C6’ik
The Board of Directors has asked me to advise you that they unanimously support the staff recommendation as being in the best interest of the citizens of the city of Carlsbad.
Attached for your reference is a copy of our charter from the State of California as an educational corporation (dated December, 1990) and our IRS tax-exempt certification of May, 1991.
Yours truly,
Bonnie Dominguez Secretary and Director
C: Board of Directors
A 501 (c)(3) California Educational Corporation
- -
1677586
State 0 Ca ifornia f E’;,~~~~~w~~~~~~~~~~~~~~~~~~~~:~:~~?
@ - OFFICE OF THE SECRETARY OF STATE
CORPORATION DIVISION
I, A4ARCH FONG EU, Secretary of State of the
State of California, hereby certify:
That the annexed transcript has been compared with
the corporate record on file in this office, of which it
purports to be a copy, and that same is full, true and
correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
DECI 3 19%
Secretary of State
SEC/STATE FOLLY CE-107
PO Box 914230
smrmanlo. CA 942444230
PMne (916) USZON
I I STATEMENT BY DOMESTIC NONPROFIT CORPORATION I
TNIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY Of STATE (SECTIONS 0210. 8210, 9860 CORPORATIONS CODE) * /
TME $6 FILING FEE MUST ACCOMPANY TWS STATEMENT.
DUE DATE: MARCH 11, 1991
FRIENDS OF CARRILLO RANCH, INC. 1677586
DO NOT ALTER PREPRINTED NAME. IP IT& 1 IS BUNK. PLEASE ENTER CORPORATE NAME
_-
-
0’ .
l . .
INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406
Date: JAN 3 0 1995
FRIENDS OF CARRILM RANCH INC C/O ALAN K KINDLE 2622 EL AGUILA LANE CARLSBAD, CA 92009-4332
DEPARTMENT OF THE TREASURY
Employer Identification Number: 33-0454123 Case Number: 955023134 Contact Person: TYRONE THOMAS Contact Telephone Number: (213) 894-2289 Our Letter Dated: May 1991 Addendum Applies: Yes
Dear Applicant:
This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period.
Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (l)(A) (vi).
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization.
If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter.
Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and telephone number are shown above.
Sincerely yours,
- I Richard R. Orosco
District Director '1'.
Letter 1050 (DO/CG)
07/11/1999 07:01 7609309428
\ PAGE 01
Mayor Buddy Lewis
City of Carl&ad - Planning Dept.
1200 CarJsbad Village Drive
Carlsbad, CA 92008
Fax No.:720-9461
AGENDA ITEM # &
C: Mayor $$
city Council f 7
City Mani@er
RE: Leo Cmillo ticA - Current Wall Construction City Attorney
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Dear Mayor Lewis,
I am a Carlsbad resident and I recently discovered that the City is building a white, six foot
hi& block wall around the perimeter of the Leo Carrillo Community Park, which xv-ill include the
nature trails that lead around the park. Construction of a 6 foot wall surrounding the city park and
the lxatifd old ranch buildings will impair the beauty oftbis valley and will ruin. the purpose of
using the nature trails around the park because we will be unable to look at the beauty of Leo
Carrillo Ranch as we walk along the trail.
I ask that you end this construction immediately or that you take measues to alleviate the
view impairment of this wall.
e- AGENDA ITEM #
Mayor Buddy Lewis
City of CarIsbad - Pkming Dept.
1200 Carlsbad Village Drive
Carl&ad, CA 92008
Fax No.:7204461
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RE: Leo Carrillo Ranch - Current Wall Construction
I am a Car&ad resident and I recently discovered that the City is building a white, six foot
high, block wall around the perimeter of the Leo Car&o Community Park, which will include the
natureirailsthat~aro~thepark.Consvuctionofa6footwallsurroundingtkcitypark~
the~o~ranch~willimpairthebeautyofthisvalleyandwinruint~purposeof
usiagthensnvetrailsara~theparkbecausewewillbeunabtetolookatthebeautyofLeo
CamilloRanchaswewaMongtheti
I ask that you end this construction immediately or that you t&e measures to alleviate the
viewimpftirmentofthiswall.
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Buy&s Name
39. Pronosilion 65
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65, approved by California voters in
November 1986) requires the Governor to develop a list of chemicals the State believes may cause cancer, birth
defects, or other harm. The Act also requires California businesses to warn employees and other individuals of
potential exposure to these chemicals as a result of business operations. See attached Prop. 65 Notice.
These chemicals may he found in common construction materials such as roofi&materials, paint, paving
materials, plastics, and glass. Please review and sign the enclosed Proposition 65 Notice Acknowledgment. We
have posted the mandated warning sign in our Sales Office as required by the Act.
For further information, please write to: State of California
Health and Welfare Agency
1600 Ninth Street, Room 450
Sacramento, CA 95814 INITIALS IMTIALS
Suonlemental Real Prooertv Taxes
The purchase of your home constitutes a “change in ownership” for real property tax assessment purposes, which will trigger a
reassessment of your home by the County Tax Assessor. The result will be a real property tax increase based upon the
purchase price of the home effective as of the date of close of escrow. After the close of escrow you will receive a supplemental
real property tax bill (“Supplemental Assessment”) covering the tax increase attributable to you for the period from the close of
escrow to the following June. Please consult a tax consultant lo determine if au exception to this general rule may apply to you.
INITIALS INITIAL!3
41. ‘Leo Carrillo Ranch Park
A city park is located on approximately 27 acres somh of Poinsettia Lane and west of Meh-ose Drive. The park site master plan and
use overview wiII be available for your review in our sales oftice. Leo Carrillo Ranch Park is home to many wildlife animals and a
population of domesticated peacocks which purportedly have descended from the original Leo Carrillo ranch compound. The
population of peacocks has ranged fmm approximately 7 to 20 birds over the last several years. Peacocks characteristically emit a distinctive, loud call which will be audible to varying degrees depending on the distance from the ranch compound. Buyer acknowledges and accepts the above. Buyer shall make any and all investigations necessary to determine the impact, if any, of Leo
Canillo Park on their new home. See attached recorded Notice And Waiver Concerning Proximity Of Car&lo Raoch Community Park.
42. Affordable Housing
The City of Carlsbad requires that 15% of all dwelling units built in Ranch0 Carrillo be made available lo purchasers who qualify with household incomes at or below a specifmd percentage of the median income level for the region. To satisfy this obligation
there will be approximately 200 units constructed near the intersection of Palomar Ahporf Road and Mehose Drive. In addition, there will be approximately 50 second units attached to the single family homes in various neighborhoods through out Ran&o
Carrillo. Continental Homes will have the right at ils sole discretion to address the affordable housing requirements by other means. Buyer shall make any and all investigations necessary to determine the impact, if any, of affordable housing on their new
home.
Entire Disclosure/Hold Harmless
Buyer by signing below acknowledges that no other representations or disclosures have been made to Buyer by Seller or Seller’s agents which have not been listed here Wherever herein Buyer has been informed regarding disclosure items, Buyer represents that Buyer will not make any claims against Seller for nondisclosure of disclosure items or for alleged improper disclosure of said
items. Buyer will indemnify, protect, defend and hold Seller harmless from any costs (including, without limitation, attorney’s fees and costs), liabilities, actions, damages and expenses arising out of claims made by Buyer for nondisclosure or incomplete disclosure of the general disclosure items and items separately disclosed to Buyer in writing, or damages or harm to Buyer arising
from such items.
PLEASE INDICATE YOUR ACKNOWLEDGMENT AND AGREEMENT TO TIIE FOREGOING.
ACKNOWLEDGED AND AGREED:
Buyer
Buyer
Date
Date