HomeMy WebLinkAbout2008-09-09; City Council; 19568; Calavera and Agua Hedionda Creek Project15
CITY OF CARLSBAD - AGENDA BILL
AB# 19.568
MTG. 9/09/08
DEPT. ENG
CITY OF CARLSBAD DRAINAGE MASTER PLAN
PLANNED LOCAL DRAINAGE AREA FEES
CALAVERA AND AGUA HEDIONDA CREEKS PROJECT
MCA 07-01 / ZCA 07-04
DEPT. HEAD /*?£/
CITY ATTY. />^C
CITY MGR. (L/ — -
RECOMMENDED ACTION:
1. City Council INTRODUCE Ordinance No. CS-004 AMENDING Carlsbad Municipal Code,
Title 15, Chapter 15.08, Updating the Planned Local Drainage Area Fee Program, Carlsbad
Drainage Master Plan (MCA 07-01); and
2. City Council INTRODUCE Ordinance No. CS-005 AMENDING Title 21, Chapters 21.38,
21.203 and 21.205 of the Municipal Code by Deleting References to the Master Drainage Plan
Adopted in 1994 and the Model Erosion Control Ordinance and Adding References to the
Proposed City of Carlsbad Drainage Master Plan and Existing Engineering Standards,
Carlsbad Drainage Master Plan (ZCA 07-04); and
3. City Council ADOPT Resolution No. 2008-230 APPROVING the 2008 Carlsbad Drainage
Master Plan and Approving a Change to the City's Planned Local Drainage Area Fee,
CIP Project No. 3872.
ITEM EXPLANATION:
On August 5, 2008 staff presented the Carlsbad Drainage Master Plan (DMP), a proposed revision to
the Planned Local Drainage Area (PLDA) Fee Program, a program and project level Environmental
Impact Report, and various proposed amendments to the Carlsbad Local Coastal Program and Titles
15 and 21 of the Carlsbad Municipal Code. After considerable discussion by the Council and
testimony from the public during the public hearing, the City Council adopted Resolution No. 2008-29
certifying Environmental Impact Report EIR, the Mitigation Monitoring and Reporting Program, and
approved amendments to the Carlsbad Local Coastal Program (LCPA 07-06). In addition, the Council
continued the approval of the Carlsbad Drainage Master Plan, revisions to the PLDA Fee Program,
and the amendments to Municipal Codes Titles 15 and 21 to the September 9, 2008 meeting and
requested staff provide further information and clarification on the issues discussed.
Based upon the written and verbal input obtained at the public hearing, City staff recommends minor
changes to the Drainage Master Plan and Title 15.08. The amendments respond to the concerns
raised by representatives of the Building Industry Association (BIA) and the Westfield Shopping
Center.
DEPARTMENT CONTACT: Steve Jantz (760) 602-2738, siant@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN j&T
RETURNED TO STAFF DX
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Page 2
To mitigate one of the concerns raised by the BIA, staff recommends adding the following
circumstance to the list of reasons an administrative variance may be granted to allow relief from
payment of the full PLDA fee:
' When the project includes Low Impact Development (LID) or hydro-modification features that
reduce the 100-year flood runoff values in the post construction condition to such an extent
that the runoff values are reduced to the levels consistent with a project with a lesser runoff
level. For example a project with a high runoff value that installs LID features that result in
runoff values that equate to a medium runoff level project would have their fee reduced from
the high level to the medium level. In no case shall the fee level be reduced less than the low
runoff level.
The amended language would allow the potential for a reduction in fees if a developer installs
drainage retention or infiltration design features within a project which results in a significant reduction
in the calculated 100-year storm flow runoff from the project site. Approval of the variance provision
may reduce future PLDA fee revenues leaving a gap in the PLDA facility financing that may require
funding from other sources. However, if there are a significant amount of fee variance requests
granted under this provision, it is possible that the size and scope of some of the master planed
facilities could be reduced resulting in cost reductions commensurate with the fee revenue reduction.
To mitigate the concern of Westfield, staff is recommending that City Code Section 15.08.020 be
amended to read as follows:
"For any property subject to this chapter, notwithstanding any provision of this code to the contrary, no
final or parcel map shall be approved nor shall any building permit or occupancy permit for any project
be issued and no person shall build, use or occupy any project, without first paying the fee established
by, or otherwise complying with, this chapter. Projects located on sites which have been previously
developed with permanent commercial, industrial and residential structures and which do not meet the
requirements of section 15.08.030(c), shall not be subject to this section."
The amended wording would exempt existing development projects from paying the PLDA fee when
filing a parcel or final map unless the project increases the building footprint by 50% or more over the
existing building footprint. Based upon staffs knowledge of the current Westfield's mall redevelopment
plans, the Westfield mall improvement project would be exempted from paying the PLDA fee.
Staff also corrected the typographical error on page two of the proposed Ordinance No. CS-004
amending Chapter 15.08. The implementation timeline was revised from 30 days to 60 days to meet
applicable legal standards for the commencement of collecting development related fees.
FISCAL IMPACT:
The 2008 Carlsbad Drainage Master Plan proposed construction of 34 Master Plan Projects with an
estimated construction cost of $21,930,385.
PageS
The following is a summary of current PLDA Area fund balances, an estimation of the construction
costs for 34 proposed master plan facilities, and an estimation of future revenue from PLDA fee
funding to allow for the construction of future master plan facilities:
PLDA Fund Balance1
PLDA Master Plan Project Cost
PLDA Funding Needs
AREA A
$249,639
$1,953,719
$1,704,080
AREAB
$5,865,748
$12,727,555
$6,861,807
AREAC
$3,679,499
$4,775,649
$1,096,150
AREAD
$226,928
$2,473,462
$2,246,534
TOTAL
$10,021,814
$21,930,385
$11,908,571
1The PLDA Fund Balances include the amounts used to purchase wetland mitigation credits from the
North County Habitat Bank as these credits will be used to mitigate future PLDA projects.
To generate needed funding, staff is recommending amending the current PLDA fee and structure to
include three runoff coefficient categories shown below.
Runoff
Coefficient
Low
Medium
High
PLDA
Basin A
$5,270
$10,480
$22,837
PLDA
Basin B
$1,970
$3,797
$8,535
PLDA
Basin C
$1,912
$2,705
$8,287
PLDA
Basin D
$1,813
$2,966
$7,857
($/development acre)
EXHIBITS:
1. Ordinance No. CS-004 amending Carlsbad Municipal Code, Title 15, Chapter 15.08, Updating
the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01).
2. Strikeout version of Carlsbad Municipal Code Title 15, Chapter 15.08 Drainage Area Fee.
3. Ordinance No. CS-005 amending Title 21, Chapters 21.38, 21.203 and 21.205 of the
Municipal Code by Deleting References to the Master Drainage Plan Adopted in 1994 and the
Model Erosion Control Ordinance and Adding References to the Proposed City of Carlsbad
Drainage Master Plan and Existing Engineering Standards, Carlsbad Drainage Master Plan
(ZCA 07-04).
4. Strikeout version of Carlsbad Municipal Code Title 21, Chapters 21.38, 21.203 and 21.205.
5. Resolution No. 2008-230 approving the 2008 Carlsbad Drainage Master Plan and Approving a
Change to the City's Planned Local Drainage Area Fee, CIP Project No. 3872.
6. Agenda Bill No. 19,540 on file in the Office of the City Clerk.
7. Carlsbad Engineering Standards located at http://www.carlsbadca.gov/engineering/index.html
EXHIBIT 1
1 ORDINANCE NO. CS-004
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE, TITLE 15,
3 CHAPTER 15.08 UPDATING THE PLANNED LOCAL DRAINAGE AREA
FEE PROGRAM
4 CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
CASE NO: MCA 07-01
5
The City Council of the City of Carlsbad California, does ordain as follows:
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SECTION 1: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
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by the amendment of Section 15.08.010 to read as follows:
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15.08.010 Purpose.
9 (a) This chapter imposes a fee to pay for various storm drain improvements within the city.
The amount of the fee is based upon engineering analysis and has been calculated to be equal
10 to or less than the cost of the drainage improvement. The drainage improvements funded by
this fee are designated in the report entitled City of Carlsbad Drainage Master Plan, dated July
11 2008, on file with the city engineer.
(b) This chapter is necessary to ensure the completion of storm drainage, flood control and
12 water pollution control improvements in a timely manner concurrent with the need for such
improvements. The construction of the drainage improvements funded by this fee will ensure
13 compliance with the city's growth management standards relating to drainage facilities and with
the water quality improvement requirements of the national pollutant discharge elimination
14 system permit issued for city storm drainage facilities.
15 SECTION 2: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
16 by the amendment of Section 15.08.020 to read as follows:
17 15.08.020 Prohibition of development.
For any property subject to this chapter, notwithstanding any provision of this code to the
contrary, no final or parcel map shall be approved nor shall any building permit or occupancy
9 permit for any project be issued and no person shall build, use or occupy any project, without
first paying the fee established by, or otherwise complying with, this chapter. Redevelopment
20 projects or projects located on sites which have been previously developed with permanent
commercial, industrial or residential structures and which do not meet the requirements of
21 section 15.08.030 (c) shall not be subject to this section.
22 SECTION 4: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
23 by the amendment of Section 15.08.040 to read as follows:
24 15.08.040 Fee.
(a) The planned local drainage area fee schedule shall be established by city council resolution
25 and shall be considered part of this chapter.
(b) A planned local drainage area fee shall be paid by the owner or developer prior to the
26 issuance of any building permit or occupancy permit or prior to final or parcel map approval for a
project, whichever occurs first. The planned local drainage area fees shall be adjusted annually
27 based upon the July, 2008 Engineering News Record Los Angeles Construction Cost Index of
9335.69 based on the 1967 average = one hundred.
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1 (c) If, as a condition of development, the project owner or developer is required to construct a
planned local drainage facility, then the developer may receive a credit against payment of the
2 planned local drainage area fee. The amount of the fee credit shall not exceed the facility cost
as estimated in the master drainage plan plus the adjustments provided for in subsection (b) of
3 this section. If the cost of the planned local drainage facility installed by the developer exceeds
the amount of the fee credit established by this subsection the developer is eligible for
4 reimbursement on the balance of the facility costs pursuant to Section 15.08.080 of this chapter,
(d) The drainage fee paid for each property subject to this chapter shall be based upon the
5 gross property acreage (including easements and not more than thirty feet of the fronting street
right-of-way measured at right angles to the property line along the full extent of the street
6 frontage) less any area of constrained land as it may be defined in Section 21.53.230 and based
upon the runoff potential for the respective general plan designation for the property. The runoff
7 potential for each land use designation shall be as indicated within Appendix C of the City of
Carlsbad Drainage Master Plan, dated July 2008.
8 (e) The applicant for a building permit may request adjustment of the PLDA fees specified in this
chapter upon submittal of a written request to the city engineer. The request should include an
9 explanation of the reason for the requested adjustment and any documentation in support of the
request. Upon review of the request, the city engineer shall determine whether to approve or
10 deny the requested adjustment.
11 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption; and
12 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once
13 in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
14 adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the day of , 2008, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
1 Chapter 15.08 DRAIN AGE ARE A FEE
2 Sections:
15.08.010 Purpose.
3 15.08.020 Prohibition of development.
15.08.030 Application requirements.
4 15.08.040 Fee.
15.08.050 Exemption.
5 15.08.060 Use of fees.
15.08.070 Assessment districts.
6 15.08.080 Reimbursement agreements.
15.08.090 Advance of funds by city.
7 15.08.100 Expiration of chapter.
8 15.08.010 Purpose.
(a) This chapter imposes a fee to pay for various storm drain improvements within the city.
9 The amount of the fee is based upon engineering analysis and has been calculated to be
equal to or less than the cost of the drainage improvement. The drainage improvements
10 funded by this fee are designated in the report entitled City of Carlsbad Drainage Master
Plan, dated July 2008 Master Drainage and Storm Water Quality Management Plan,
dated March, 1994, on file with the city engineer.
(b) This chapter is necessary to ensure the completion of storm drainage, flood control and
12 water pollution control improvements in a timely manner concurrent with the need for such
improvements. The construction of the drainage improvements funded by this fee will
13 ensure compliance with the city's growth management standards relating to drainage
facilities and with the water quality improvement requirements of the national pollutant
14 discharge elimination system permit issued for city storm drainage facilities. (Ord. NS-293
§2 (part), 1994)
15.08.020 Prohibition of development.
For any property subject to this chapter, notwithstanding any provision of this code to the
contrary, no final or parcel map shall be approved nor shall any building permit or occupancy
17 permit for any project be issued and no person shall build, use or occupy any project, without
first paying the fee established by, or otherwise complying with, this chapter. Projects located
on sites which have been previously developed with permanent commercial, industrial or
residential structures and which do not meet the requirements of section 15.08.030 (c)
iy shall not be subject to this section. (Ord. NS-293 § 2 (part), 1994)
70 15.08.030 Application requirements.
In addition to any other requirements for a building permit authorized pursuant to Title 18 of this
code and as established by the building official, the applicant for a building permit shall:
22 (a) Submit a site plan showing the building footprint of all existing and proposed habitable
structures on the property subject to this chapter together with a summary of the building
23 footprint areas for existing and proposed structure(s).
(b) Pay the planned local drainage area fee established by action of this chapter.
24 (c) Subsections (a) and (b) of this section shall apply to all new building construction, to all
residential and non-residential remodels, enlargements or alterations where the proposed
25 building footprint is increased by fifty percent or greater over the existing building footprint,
(d) This section shall not apply to property which was subdivided after October 16, 1980, and
for which the subdivider for said property paid or received credit for payment of any PLDA
fees. (Ord. NS-293 § 2 (part), 1994)
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1 15.08.040 Fee.
(a) The planned local drainage area fee schedule shall be established by city council
2 resolution and shall be considered part of this chapter.
(b) A planned local drainage area fee shall be paid by the owner or developer prior to the
3 issuance of any building permit or occupancy permit or prior to final or parcel map
approval for a project, whichever occurs first. The planned local drainage area fees shall
4 be adjusted annually based upon the July January, 2008 4S94 Engineering News Record
Los Angeles Construction Cost Index of 9335.69 §49r43 based on the 1967 average = one
5 hundred.
(c) If, as a condition of development, the project owner or developer is required to construct a
6 planned local drainage facility, then the developer may receive a credit against payment of
the planned local drainage area fee. The amount of the fee credit shall not exceed the
7 facility cost as estimated in the master drainage plan plus the adjustments provided for in
subsection (b) of this section. If the cost of the planned local drainage facility installed by
8 the developer exceeds the amount of the fee credit established by this subsection the
developer is eligible for reimbursement on the balance of the facility costs pursuant to
9 Section 15.08.080 of this chapter.
(d) The drainage fee paid for each property subject to this chapter shall be based upon the
10 gross property acreage (including easements and not more than thirty feet of the fronting
street right-of-way measured at right angles to the property line along the full extent of the
11 street frontage) less any area of constrained land as it may be defined in Section
21.53.230 and based upon the runoff potential for the respective general plan designation
12 for the property. The runoff potential for each land use designation shall be as indicated
within Appendix C Table 4-3 City of Carlsbad Drainage Master Plan, dated July 2008
for the master drainage plan.
(e) The applicant for a building permit may request adjustment of the PLDA fees specified in
14 this chapter upon submittal of a written request to the city engineer. The request should
include an explanation of the reason for the requested adjustment and any documentation
15 in support of the request. Upon review of the request, the city engineer shall determine
whether to approve or deny the requested adjustment. (Ord. NS-293 § 2 (part), 1994)16
15.08.050 Exemption.
17 Project by public agencies or entities shall be exempt from the provisions of this chapter. (Ord.
10 NS-293 §2 (part), 1994)lo
15.08.060 Use of fees.
Drainage area fees collected hereunder shall be segregated according to their source and
deposited into a planned local drainage facilities fund established for each planned local
drainage area and the funds therein and interest accruing thereto shall be expended solely for
~, the construction of or for reimbursement for construction of drainage facilities within the
respective planned local drainage area. All of the fees collected shall be expended solely to
22 build or finance planned local drainage facilities serving the city. (Ord. NS-293 § 2 (part), 1994)
15.08.070 Assessment districts.
If an assessment district or special taxing district is established for all or any part of the area
24 subject to this chapter to fund storm drain improvements which are or will be funded in whole or
in part by the fee established by this chapter, the owner or developer of a project may apply to
25 the city council for a credit against the fee in an amount equal to the assessment or taxes paid.
(Ord. NS-293 §2 (part), 1994)
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1 15.08.080 Reimbursement agreements.
The city council may, at its discretion, enter into a reimbursement agreement with a developer,
2 when said developer has constructed a planned local drainage facility improvement.
Reimbursement shall be made only as fees are collected in connection with the development of
3 other property in the same planned local drainage area in which said facilities were constructed.
The schedule of payments for the reimbursement shall take into consideration the schedule of
4 planned local drainage facility improvement construction contemplated in the adopted capital
improvement program and shall be made at the sole discretion of the city council. The amount
5 of reimbursement shall be limited to the actual cost, including engineering and other costs, of
such facilities at the time they are constructed. The term of reimbursement agreements shall not
6 exceed ten years. The payment of any reimbursement shall be limited to the extent that funds
are available through the collection of the PLDA fees. If the amount of reimbursement exceeds
7 the cost of the facility as estimated in the master drainage plan including the adjustments
provided for in Section 15.08.040(b), then the city council shall revise the facility fee schedule
8 accordingly. The developer requesting reimbursement shall pay or receive appropriate fee
credits based upon the revised fee schedule. (Ord. NS-293 § 2 (part), 1994)
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15.08.090 Advance of funds by city.
10 The city may advance money from any available source or fund for the construction of
improvements which would otherwise be paid for from fees collected pursuant to this chapter
and reimburse itself from future fees. (Ord. NS-293 § 2 (part), 1994)
12 15.08.100 Expiration of chapter.
This chapter shall be of no further force and effect when the city council determines that the
amount of fees which have been collected reaches an amount equal to the cost of the storm
drain improvements. (Ord. NS-293 § 2 (part), 1994)14
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EXHIBIT 3
1 ORDINANCE NO. CS-005
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.38, 21.203 AND
3 21.205 OF THE MUNICIPAL CODE BY DELETING REFERENCES TO
THE MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE MODEL
4 EROSION CONTROL ORDINANCE AND ADDING REFERENCES TO
THE PROPOSED CITY OF CARLSBAD DRAINAGE MASTER PLAN AND
5 EXISTING ENGINEERING STANDARDS.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
6 CASE NO: ZCA 07-04
7 The City Council of the City of Carlsbad, California, does ordain as follows:
8 SECTION 1: That Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is amended
9 to read as follows:
10 6. A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate both
increased runoff and sedimentation. It shall be reviewed and prepared according to the City of
Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the
12 additions and changes adopted herein, such that a natural drainage system is generally
preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those
western portions of the watershed which have already been incrementally developed.
14 SECTION 2: That Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is
15 amended to read as follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be designated for
1' residential development at a density of up to four dwelling units per acre. Proposed
development in this area shall be required to submit topographic and vegetation mapping and
analysis, as well as soils reports, as part of the development permit application. Such
information shall be provided in addition to any required environmental impact report, and shall
be prepared by qualified professionals and in sufficient detail to locate the boundary of wetland
and upland areas and areas of slopes in excess of twenty-five percent. Topographic maps shall
be submitted at a scale sufficient to determine the appropriate developable areas, generally not
21 less than a scale of one inch equals one hundred feet with a topographic contour interval of five
feet, and shall include an overlay delineating the location of the proposed project. The lagoon
22 and wetland area shall be delineated and criteria used to identify any wetlands existing on the
site shall be those of Section 30121 of the Coastal Act and based upon the standards of the
23 local coastal program mapping regulations. Mapping of wetlands and siting of development shall
be done in consultation and subject to the approval of the Department of Fish and Game.
24 Development shall be clustered to preserve open space for habitat protection. Minimum
setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development,
25 in order to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as other
open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a
condition of project approval. In the event that a wetland area is bordered by steep slopes (in
27 excess of twenty-five percent) which will act as a natural buffer to the habitat area, a buffer area
of less than one hundred feet in width may be permitted. The density of any permitted
28 "
1 development shall be based upon the net developable area of the parcel, excluding any portion
of a parcel which is in wetlands or lagoon. As specified in subsection A of this section, a density
2 credit may be provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan dated July 2008 which
3 would be carried through or empty into Buena Vista Lagoon shall not be permitted, unless such
improvements comply with the requirements of Sections 30230, 30231, 30233 and 30235 of the
4 Coastal Act by maintaining or enhancing the functional capacity of the lagoon in a manner
acceptable to the State Department of Fish and Game. Land divisions shall only be permitted on
5 parcels bordering the lagoon pursuant to a single planned development permit for the entire
original parcel.
6
SECTION 3: That Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
a. All development must include mitigation measures for the control of urban runoff
9 flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
10 water mitigation plan (SUSMP) dated April 2003, and as amended, and the City of Carlsbad
Drainage Master Plan dated July 2008, as those documents are certified as part of the city's
11 LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego
County Hydrology Manual to the extent that these requirements are not inconsistent with any
12 policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall
become an element of the project, and shall be installed prior to the initial grading.
SECTION 4: That Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is14
amended to read as follows:
c. Mitigation shall require construction of all improvements shown in the City of
16 Carlsbad Drainage Master Plan dated July 2008 and any amendments to them for the area
between the project site and the lagoon (including the debris basin), as well as revegetation of
17 graded areas immediately after grading; and a mechanism for permanent maintenance if the
city declines to accept the responsibility. Construction of drainage improvements may be
through formation of an assessment district, or through any similar arrangement that allocates
costs among the various landowners in an equitable manner.
SECTION 5: That Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is
amended to read as follows:
22 a- All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
24 Drainage Master Plan dated July 2008, as those documents are certified as part of the city's
LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego
County Hydrology Manual to the extent that these requirements are not inconsistent with any
policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall
become an element of the project and shall be installed prior to the initial grading.
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1 SECTION 6: That Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan dated July 2008 and amendments to it. No subsequent
4 amendments are a part of this zone unless certified by the coastal commission. The general
provisions, procedures, standards, content of plans and implementation contained with them are
5 required conditions of development in addition to the provisions below. Approved development
shall include the following conditions, in addition to the requirements specified above:
6
SECTION 7: That Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is
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amended to read as follows:
8
All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan dated July 2008)
shall be constructed prior to the issuance of a grading permit on-site. Improvements shall be
inspected by city or county staff and certified as adequate and in compliance with the
requirements of the drainage plan and the additional requirements of this zone. If the city or
county declines to accept maintenance responsibility for the improvements, the developer shall
maintain the improvements during construction of the on-site improvements;
SECTION 8: That Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code
is amended to read as follows:14
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan dated July 2008, incorporating the changes
specified in this section. Improvement districts shall be formed for presently undeveloped areas
which are expected to urbanize in the future. The improvement districts shall implement City of
Carlsbad Drainage Master Plan dated July 2008. Upstream areas in the coastal zone shall not17 be permitted to develop incrementally prior to installation of the storm drain facilities
downstream, in order to assure protection of coastal resources. New drainage facilities, required
within the improvement districts shall be financed either by some form of bond or from fees
collected from developers on a cost-per-acre basis;
„„ SECTION 9: That Section 21.205.060 (a.) of the Carlsbad Municipal Code is amended
«, to read as follows:
22 a- All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
23 the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
24 Drainage Master Plan dated July 2008, as those documents are certified as part of the city's
LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego
25 County Hydrology Manual to the extent that these requirements are not inconsistent with any
policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall
25 become an element of the project and shall be installed prior to the initial grading.
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1 SECTION 10: That Section 21.205.060 (c.) of the Carlsbad Municipal Code is amended
2 to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan dated July 2008 and amendments to it. No subsequent
4 amendments are a part of this zone unless certified by the coastal commission. The general
provisions, procedures, standards, content of plans and implementation contained in them are
5 required conditions of development in addition to the provisions below. Approved development
shall include the following conditions, in addition to the requirements specified above:
6
SECTION 11: That Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements) recommended in the City of Carlsbad Drainage Master Plan dated July 2008
shall be constructed prior to the issuance of a grading permit on-site. Improvements shall be
10 inspected by city staff and certified as adequate and in compliance with the requirements of the
drainage plan and the additional requirements of this zone. If the city declines to accept
11 maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty (30) days after
its adoption but not until approved by the California Coastal Commission, and the City Clerk shall14
certify the adoption of this ordinance and cause it to be published at least once in a newspaper of
general circulation in the City of Carlsbad within fifteen (15) days after its adoption.16
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the day of , 2008, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 4
ZCA 07-04
PROPOSED ZONING ORDINANCE TEXT CHANGES
DRAINAGE MASTER PLAN / PLANNED LOCAL DRAINAGE AREA FEES /
CALAVERA AND AGUA HEDIONDA CREEKS PROJECT
Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is proposed to be amended as
follows:
(6) A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate
both increased runoff and sedimentation. It shall be reviewed and prepared
according to the City of Carlsbad Engineering Standards and provisions of the
Local Coastal Program, Model Erosion Control Ordinance contained in the master
drainage plan, with the additions and changes adopted herein, such that a natural
drainage system is generally preserved for the eastern undeveloped watersheds, but
that storm drains are allowed for those western portions of the watershed which have
already been incrementally developed.
Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be
designated for residential development at a density of up to four dwelling units per
acre. Proposed development in this area shall be required to submit topographic and
vegetation mapping and analysis, as well as soils reports, as part of the development
permit application. Such information shall be provided in addition to any required
environmental impact report, and shall be prepared by qualified professionals and in
sufficient detail to locate the boundary of wetland and upland areas and areas of
slopes in excess of twenty-five percent. Topographic maps shall be submitted at a
scale sufficient to determine the appropriate developable areas, generally not less
than a scale of one inch equals one hundred feet with a topographic contour interval
of five feet, and shall include an overlay delineating the location of the proposed
project. The lagoon and wetland area shall be delineated and criteria used to identify
any wetlands existing on the site shall be those of Section 30121 of the Coastal Act
and based upon the standards of the local coastal program mapping regulations.
Mapping of wetlands and siting of development shall be done in consultation and
subject to the approval of the Department of Fish and Game. Development shall be
clustered to preserve open space for habitat protection. Minimum setbacks of at least
one hundred feet from wetlands/lagoon shall be required in all development, in order
to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as
other open space areas required in permitted development to preserve habitat areas,
/
EXHIBIT 4
shall be permanently preserved for habitat uses through provision of an open space
easement as a condition of project approval. In the event that a wetland area is
bordered by steep slopes (in excess of twenty-five percent) which will act as a natural
buffer to the habitat area, a buffer area of less than one hundred feet in width may be
permitted. The density of any permitted development shall be based upon the net
developable area of the parcel, excluding any portion of a parcel which is in wetlands
or lagoon. As specified in subsection A of this section, a density credit may be
provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan, dated July
2008 Carlsbad master drainage plan which would be carried through or empty into
Buena Vista Lagoon shall not be permitted, unless such improvements comply with
the requirements of Sections 30230, 30231, 30233 and 30235 of the Coastal Act by
maintaining or enhancing the functional capacity of the lagoon in a manner
acceptable to the State Department of Fish and Game. Land divisions shall only be
permitted on parcels bordering the lagoon pursuant to a single planned development
permit for the entire original parcel.
Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003, and as
amended, and the City of Carlsbad Drainage Master Plan, dated July 2008
master drainage plan dated 1994, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project, and shall
be installed prior to the initial grading.
Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
c. Mitigation shall require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and any
amendments to them for the area between the project site and the lagoon (including
the debris basin), as well as revegetation of graded areas immediately after grading;
and a mechanism for permanent maintenance if the city declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district, or through any similar arrangement that allocates costs among the
various landowners in an equitable manner.
EXHIBIT 4
Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003 and as
amended, and the City City of Carlsbad Drainage Master Plan, dated July 2008,
master drainage plan dated 1994, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project and shall
be installed prior to the initial grading.
Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and
amendments to it. No subsequent amendments are a part of this zone unless
certified by the coastal commission. The general provisions, procedures, standards,
content of plans and implementation contained with them are required conditions of
development in addition to the provisions below. Approved development shall include
the following conditions, in addition to the requirements specified above:
Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is proposed to be
amended as follows:
i. All off-site, downstream improvements (including debris basin and any other
improvements recommended in the City of Carlsbad Drainage Master Plan, dated
July 2008 drainage plan) shall be constructed prior to the issuance of a grading
permit on-site. Improvements shall be inspected by city or county staff and certified
as adequate and in compliance with the requirements of the drainage plan and the
additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
(1
EXHIBIT 4
Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code is proposed to be
amended as follows:
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan, dated July 2008, the
Carlsbad master drainage plan, incorporating the changes specified in this section.
Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement City of
Carlsbad Drainage Master Plan, dated July 2008. tho master drainage plan.
Upstream areas in the coastal zone shall not be permitted to develop incrementally
prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the
improvement districts shall be financed either by some form of bond or from fees
collected from developers on a cost-per-acre basis;
Section 21.205.060 (a.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003 and as
amended, and the City of Carlsbad Drainage Master Plan, dated July 2008,
master drainage plan dated 1994, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project and shall
be installed prior to the initial grading.
Section 21.205.060 (c.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and
amendments to it. No subsequent amendments are a part of this zone unless
certified by the coastal commission. The general provisions, procedures, standards,
content of plans and implementation contained in them are required conditions of
development in addition to the provisions below. Approved development shall include
the following conditions, in addition to the requirements specified above:
EXHIBIT 4
Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
i. All off-site, downstream improvements (including debris basin and any other
improvements,) recommended in the City of Carlsbad Drainage Master Plan, dated
July 2008 drainage plan) shall be constructed prior to the issuance of a grading permit
on-site. Improvements shall be inspected by city staff and certified as adequate and in
compliance with the requirements of the drainage plan and the additional requirements
of this zone. If the city declines to accept maintenance responsibility for the
improvements, the developer shall maintain the improvements during construction of
the on-site improvements;
EXHIBIT 5
1
RESOLUTION NO. 2008-230
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
3 APPROVING THE 2008 CARLSBAD DRAINAGE MASTER PLAN AND
APPROVING A CHANGE TO THE CITY'S PLANNED LOCAL
4 DRAINAGE AREA FEE.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
5 CASE NO: CIP PROJECT NO. 3872
6 The City Council of the City of Carlsbad, California, does hereby resolve as follows:
7 WHEREAS, on April 8, 2005, the City Council of the City of Carlsbad, California,
determined it necessary and in the public interest to enter into an agreement with Brown and
Caldwell to update the Carlsbad Drainage Master Plan, Project No. 3872; and
WHEREAS, Brown and Caldwell completed the update to the Carlsbad Drainage Master
Plan in accordance with the tasks outlined in its Professional Services Agreement; and
11
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008, incorporated herein by
12
reference, represents a comprehensive program for the phased and orderly development of
13 improvements to accommodate the future drainage service needs of the City; and
14 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 identifies projects to
construct new drainage facilities, and modify or expand existing drainage facilities, collectively
16 referred to as "Planned Local Drainage Area (PLDA) facilities", that are needed to accommodate
17 the demand from future development in the City; and
18 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 recommends a revision
19 to the City's Planned Local Drainage Area (PLDA) fee program and explains the nexus between
2Q the imposition of the PLDA fee and the estimated reasonable cost of constructing the PLDA
facilities for which the fee is charged; and
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 includes an estimate of
22
the cost to construct the PLDA facilities and a fee calculation methodology to effectively and fairly
23
apportion the PLDA fees in relation to future development's demand on the identified PLDA
facilities; and
TC WHEREAS, an updated PLDA fee program is for the financing of the identified PLDA
26 facilities is set forth in the Carlsbad Drainage Master Plan dated July 2008; and
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1 WHEREAS, the PLDA fees as set forth in the Carlsbad Drainage Master Plan dated July
2 2008 do not exceed the reasonable costs of constructing the facilities and the fees are not levied
3 for general revenue purposes; and
4 WHEREAS, the City of Carlsbad has established and will continue to maintain a fund or
5 funds necessary to collect the fees so imposed and to maintain said fund or funds and the
6 interest collected therein and to authorize expenditures for only those projects, bond payments, or
7 other construction activities set forth in the Carlsbad Drainage Master Plan dated July 2008.
8 The fee deposited in the fund or funds shall not be commingled with any other funds or revenue
9 of the City. The City has made and will continue to make a report, at least annually, and within
10 sixty (60) days of the close of the fiscal year determining the beginning and ending balances for
11 the fiscal year and the fees, interest, and other income and the amount of expenditure on each
12 public facility. The City Finance Director has made and will continue to make this information
13 available to the public and report to the City Council not less than fifteen (15) days after making
14 said information available to the public. The Finance Director shall monitor these funds so that, if
15 required, the City Council may make written findings that all or a portion of the fee remaining
1" unexpended or uncommitted in the fund for five (5) or more years are still necessary for the
I7 purpose to which the fees is to be expended and demonstrate a reasonable relationship between
1 8 that fee and the cost of the improvements; and
19 WHEREAS, the proposed PLDA fee program includes an administrative variance
90^u procedure to allow waivers of payment of the full PLDA fee in certain instances which are more
21 specifically described in the Carlsbad Drainage Master Plan dated July 2008; and
22 WHEREAS, the PLDA fee program includes provision for a developer, who constructs all
23 or a portion of one or more of the identified PLDA facilities, to receive credit against the payment
24 of their respective PLDA fee and/or to receive reimbursement for costs deemed eligible for
25 reimbursement pursuant to the credit and reimbursement program described in the Carlsbad
26 Drainage Master Plan dated July 2008; and
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1 WHEREAS, the time and place of this meeting was noticed in accordance with
2 Government Code Sections 66016, and a copy of the Carlsbad Drainage Master Plan dated July
3 2008 was made available to the public at least 14 days prior to this public hearing; and
4 WHEREAS, Notice of this hearing was included in two publications with at least five days
5 intervening between the dates of first and last publication; and
6 WHEREAS, the City Council did on the 5th day of August, 2008 hold a duly noticed
7 hearing as prescribed by law to consider the proposed Carlsbad Drainage Master Plan dated July
8 2008 and the proposed change in the Planned Local Drainage Area Fee; and
9 WHEREAS, at said public hearing, upon hearing and considering all testimony and
10 arguments, if any, of all persons desiring to be heard, the City Council considered all factors
11 relating to the Carlsbad Drainage Master Plan dated July 2008 and the proposed change in the
12 City's Planned Local Drainage Area Fee.
13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
14 follows:
15 1. That the above recitations are true and correct.
*" 2. The City Council has heard and considered all oral and written presentations
1' offered by the public on the proposed Planned Local Drainage Area Fee update.
1 810 3. The City Council finds the Carlsbad Drainage Master Plan dated July 2008
19 adequately describes the nexus between the imposition of the proposed updated PLDA fee and
20 the estimated reasonable cost of constructing the PLDA facilities for which the fee is charged.
21 4. The Carlsbad Drainage Master Plan dated July 2008 is hereby approved.
22 5. The proposed fee does not include any cost attributable to existing deficiencies in
23 any existing facility.
24 6. The list of PLDA facilities as described in the Carlsbad Drainage Master Plan
25 dated July 2008 is hereby approved and shall be funded through the collection of the proposed
'}/'
updated PLDA fee.
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7. The City Council finds that the fee calculation methodology described in the
Carlsbad Drainage Master Plan dated July 2008 effectively and fairly apportions the proposed
updated PLDA fees in relation to future development's demand on the identified PLDA facilities.
8. That the City Council hereby approves the update to the Planned Local Drainage
Area Fee structure as follows:
Runoff
Coefficient
Low
Medium
High
PLDA Basin A
$5,270
$10,480
$22,837
PLDA Basin B
$1,970
$3,797
$8,535
PLDA Basin C
$1,912
$2,705
$8,287
PLDA Basin D
$1,813
$2,966
$7,857
($/developable acre)
9. That the Planned Local Drainage Area Fee change hereby approved shall be
effective sixty (60) days after the adoption of this resolution.
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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
September 3, 2008
TO: CITY MANAGER
FROM: Public Works Director
ft 8EP ~ 8 2008
CITY OF CARLSBAD..CITY CLERK'S OFFICE,
All Receive
For the Information of the:
CITY COUNCIL
**% .CM___CACCDat€-2/lCity Manager
RESPONSE TO CITIZENS COMMENTS RAISED AT PUBLIC HEARING FOR THE
DRAINAGE MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Numerous issues and concerns were raised by citizens speaking on behalf of themselves,
property associations, building industry advocacy groups, and environmental groups regarding
City Council adoption of the updated Drainage Master Plan (DMP) and Planned Local Drainage
Area (PLDA) fee program. The updates to the DMP and PLDA fee program have been in
process for several years and the subject matter they encompass and the issues they raise are
complex and have long and sometimes convoluted histories.
This memo was prepared to provide detailed responses to the many issues raised during
Council's public hearing on the DMP and PLDA fee program. This memo will address issues
and concerns raised by Preserve Calavera, Westfield and the Building Industry Association
(BIA). The issues raised by the Rancho Carlsbad Owners Association (RCOA) and David
Bentley are still being looked into and will be addressed in a future memo.
The following is a brief summary of the basic issues and concerns raised by each person or
group followed by a detail set of responses to each issue or concern raised:
Scott Mallov of the Building Industry Association (BIA)
Scott Malloy representing the BIA made the following written and verbal requests:
1. Expand the administrative variance procedures in the DMP to include Low Impact
Development (LID) and hydro-modification project design features as potential
justification for PLDA fee reductions
2. Revise the DMP study to account for Low Impact Development (LID) and hydro-
modification design requirements mandated by Regional Water Quality Control
Board requirements
3. Delay implementation of any proposed PLDA fee increase for one year but
immediately implement any proposed PLDA fees reduction
4. Continue to asses the fees at final map but allow the fees to be paid at the close of
escrow or certificate of occupancy
Staff response to BIA Request No. 1 Staff is recommending the following modification to the
DMP to incorporate a new circumstance into list of circumstance that an administrative variance
may be granted to allow relief from payment of the full PLDA fee as follows:
1 When the project includes Low Impact Development (LID) or hydro-modification features
that reduce the 100-year flood runoff values in the post construction condition to such an
extent that the runoff values are reduced to the levels consistent with a project with a
lesser runoff level. For example a project with a high runoff value that installs LID
features that result in runoff values that equate to a medium runoff level project would
have their fee reduced from the high level tb the medium level. In no case shall the fee
level be reduced less than the low runoff level.
Staff response to Bl/^ Request No. 2 Staff does not recommend revising the DMP study at this
time. Low Impact Development (LID) is a storm water management approach with a basic
principle modeled after nature - to manage rainfall at the source using uniformly distributed and
decentralized design features.
The co-permittees under the San Diego Region Municipal Storm Water Permit have formed a
Technical Advisory Committee (TAG) to prepare standards for LID and hydro-modification for
the San Diego region. City Engineering Standards reference the San Diego County Hydrology
Manual for hydrology calculations. The current San Diego Hydrology Manual does not provide
a calculation method that accounts for Low Impact Development (LID). We understand that the
County will prepare a revised Hydrology Manual in the future, once the Technical Advisory
Committee (TAG) has completed its work on LID and hydro-modification standards. Until there
is a recognized and consistent method of accounting for LID practices in hydrology calculations,
it is premature to discuss any reduction in 100-yr. flows.
Storm drain facilities in the DMP are sized for the 100-year storm. LID is concerned with storms
of 2-yr. to 5-yr. frequency. Therefore, we expect LID to have very little impact on the 100-yr.
runoff volumes, and do not anticipate any significant changes to the sizes or costs of identified
flood control facilities.
Staff response to BIA Request No. 3 Staff does NOT recommend delaying the PLDA fee
program update. The PLDA fee program update has been in the works for several years.
Further delays will result in lost revenue from new projects. Given the current number of
development applications in process and considering the current development climate, staff
estimates the potential loss in revenue at $40,740.00 if the fee update were delayed one year.
Depending upon how long the fee update was delayed, the City could potentially lose additional
PLDA fee revenues on those projects that entered into agreements to pay the updated PLDA
fee. The PLDA fee agreements expire after a three year period. If the fee program were delayed
one year the loss in fee revenue from this source would be $168,978.00.
Staff response to BIA Request No. 4 Staff does not recommend making any changes with the
timing of the current PLDA fee collection procedures. Fees are due at final map, building permit
or building occupancy whichever occurs first. Collection of fees at escrow or certificate of
occupancy would create serious administrative issues for staff. The City has positive and
definite control of the finaling of maps and issuance of permits. Collecting fees at close of
escrow would present tremendous problems for the City and potentially delay payments for
years if the building sat vacant during poor economic times or due to ownership issues.
Collection of fees at certificate of occupancy also creates problems for staff. Developers that
failed to obtain adequate loans during construction may have difficulty obtaining loans during
certificate of occupancy.
If Council were inclined to provide relief to the development community on the timing of the
PLDA fee payment, staff would recommend an approach similar to the park-in-lieu fee.
Park fees are due at final map but may be deferred, at the developer's discretion, to building
permit issuance with the posting of a secured park-in-lieu fee agreement with the City. This
method allows fees to be deferred but provides the City with the necessary guarantee that the
fees will paid at building permit issuance.
Alman Taranton representing Westfield
Alman Taranton representing the Westfield shopping mall made the following requests:
1. Amend Title 15.08.050 to include the follow exemption language:
"Projects that are subdivided and/or redeveloped and that do not increase the net
impervious area of the site shall be exempt from the provision of this chapter."
Staff response to Westfield Request No. 1 Staff does not recommend including the exemption
language as presented in the Westfield request.
Current City Codes require that existing development is required to pay the PLDA fee when the
building footprint is increased by 50% or more over the existing building footprint or if a final or
parcel map is filed with the City. It was mistakenly stated at the Council meeting on August 5,
2008 that City staff was only charging fees on existing development that increased their footprint
by 50% and not on remodel or redevelopment projects that filed final or parcel maps. The PLDA
fee has been charged on all remodel and redevelopment projects that have filed maps and/or
met the building footprint size criteria.
Staff is recommending that City Code Section 15.08.020 be revised to read as follows:
"For any property subject to this chapter, notwithstanding any provision of this code to the
contrary, no final or parcel map shall be approved nor shall any building permit or occupancy
permit for any project be issued and no person shall build, use or occupy any project, without
first paying the fee established by, or otherwise complying with, this chapter. Projects located on
sites which have been previously developed with permanent commercial, industrial or
residential structures and which do not meet the requirements of section 15.08.030(c), shall not
be subject to this section."
The above noted code revision will excuse the Westfield mall from payment of the PLDA fee
increase except in the event of a major mall overhaul that increases the building footprint by
50% or more over its current footprint. The latest mall redevelopment proposal shared with the
City does not meet this criterion. The provision of the 50% building footprint criterion was not
meant to relate solely to runoff potential but was also intended to make administration of the fee
program easier and to eliminate application of the fee to remodel or redevelopment projects that
are minor relative to their existing project scope and scale.
Diane Nygaard representing Preserve Calavera
Diane Nygaard representing Calavera commented on a number of items in writing and verbally
at the Council meeting. All of the comments were previously addressed in the response to
comments in the EIR and as included in the prior agenda bill packet submitted to Council on
August 5, 2008.
Staff has been requested by Council to provide additional clarification regarding Preserve
Calavera's request to revise the DMP to better integrate watershed management planning
principles into the DMP document. Watershed management planning would refocus the DMP
from what is essentially a flood control facility planning and financing document to an integrated
plan that"... would focus on creating a more sustainable dynamic equilibrium for local streams
that is modeled more on nature and less on the kind of controlled environment found in the
typical flood control project."
Staff agrees with the concept of integrating watershed planning into the DMP but does not
agree it should be included with the current proposed DMP update. Watershed planning
requires complex analysis and study to develop appropriate modeling programs upon which to
base stream enhancement and facility improvement decisions. The draft Agua Hedionda
Watershed Management Plan (AHWMP) took approximately one year to prepare and has yet to
be fully reviewed by City staff. Although the AHWMP covers the major streams throughout the
entire Agua Hedionda watershed, it does not address any of the many sub-basins that feed into
the major creeks. The AHWMP does not cover any of the other watershed areas located within
the City. It would take several years of analysis, another year or two of environmental review
and well over a half million dollars to prepare an adequate DMP that fully integrates watershed
management planning into the plan.
Staff believes that adequate storm water quality and habitat protection measures exist within
other regulatory plans and documents within the City including the Local Coastal Plans, the
Habitat Management Plan (HMP) and the Jurisdictional Runoff Management Plan (JURMP).
Any storm drain project constructed within the City must meet the applicable requirements of
these and other regulatory documents.
If Council desires to integrate watershed management planning within the DMP document, staff
recommends that Council approve the current DMP and direct staff to return to Council with a
funding program and schedule to prepare a new updated to the DMP and PLDA fee program.
GLENN PRUIM
Public Works Director
c City Attorney
Deputy Public Works Director, Engineering Services
Deputy City Engineer, Planning and Programs
Senior Planer, Scott Donnell
September 4, 2008
TO: City Council
FROM: City Manager
RE: DRAINAGE MASTER PLAN
On Aug. 5, 2008, staff presented their recommendations on the Drainage Master Plan and
related EIR and fee study at the Council meeting. After hearing the public testimony and
further discussion, Council adopted the EIR and continued the remaining documents until
Sept. 9. At the Council meeting, several council members expressed their desire to
review a number of items including:
• History of the drainage plans for the Rancho Carlsbad development
• Need for Basin BJ
• Obligations of the Zone 15 developments
• Various other issues which were raised at the public hearing
Responses to issues other than those related to the Rancho Carlsbad area have been
provided to the City Council in a separate memo.
Since the Aug. 5 meeting, City staff has been working on assembling and analyzing the
information surrounding questions raised by the Rancho Carlsbad Owner's Association.
The data consists of two binders of documents related to the Rancho Carlsbad drainage
history and related studies. At this point, staff has not had time to review all of this
information with the City Council. It is voluminous, complex and covers more than 10
years of history. In addition, there are a number of related issues that have been recently
raised as discussed in the memo from the Public Works Director (attached).
Thus, if the City Council is satisfied with the information provided to date, you may
adopt the Drainage Master Plan and the fees as shown in the agenda bill for the
September 9 meeting. Adoption of the plan and fees would not preclude the City Council
from amending these documents at a later date, if new information became available.
However, if Council would like to have all of the Rancho Carlsbad questions answered
prior to adopting the Plan, I would recommend that the City Council consider continuing
this item to a future unspecified date. A continuance would provide staff an opportunity
to follow up on the issues identified in the attached memo, as well as to review all of the
Rancho Carlsbad history with the City Council.
Lisa Hildabrand
City Manager
Attachment
cc: City Attorney
City Clerk
Public Works Director
September 5, 2008
TO: CITY MANAGER
FROM: Public Works Director
PLANNED LOCAL DRAINAGE AREA PROGRAM OUTSTANDING ISSUES
At the August 5 meeting, Council considered the Drainage Master Plan update, revisions
to the Planned Local Drainage Area Fee Program, various implementing ordinances and
associated environmental documents. Council certified the EIR and approved the
Mitigation Monitoring and Reporting Program and amendments to the Carlsbad Local
Coastal Program. Council continued the approval of the DMP, PLDA Fee Program and
Municipal Code amendments due to concerns raised at the public hearing. This memo
addresses five issues that Council may wish to consider before taking any action on the
PLDA program.
The first issue is the Agua Hedionda Watershed Management Plan. The AHWMP is a
document intended to give guidance on how to address multiple issues (such as flood
control, water quality, open space, habitat management, etc.) in a watershed In a holistic
manner. The Plan was prepared under the direction of the City of Vista, which received
grant funding for the program. At the time of the August 5 meeting, the AHWMP had not
been finalized and was still considered a draft document, however, the document has
subsequently received final approval. Carlsbad has provided input into the preparation
of the Plan. It is important to note that the Plan is not binding upon the City of Carlsbad
and most of the issues addressed in the AHWMP are covered by other documents, such
as the Habitat Management Plan, the Municipal Storm Water Permit, the Endangered
Species Act, etc. There may tie some benefit to allowing staff the time to review the final
Plan and determine if any revisions to the Drainage Master Plan are warranted.
The second issue that Council may want to consider is the development of the second
Carlsbad High School site. The school site is adjacent to the parcel (Parcel 4) that has
been identified as a potential location for Basin BJ. City staff is currently working with
CUSD staff on the alignment of Cannon Road Reach 4, the construction of which will be
a condition of approval for development of the high school site. There is a possibility
that the alignment of Cannon Road may impact the development potential of the portion
of Parcel 4 that wouldn't be used for Basin BJ. The developer that has been conditioned
to construct Basin BJ has previously indicated that he may use the proceeds of any
Parcel 4 development to offset the cost of his conditioned improvements. Due to the
connection of the alignment of Cannon Road Reach 4 and the completion of flood
control improvements identified in the DMP, it may be advisable to allow staff the time to
continue the discussions with the CUSO staff and consultants.
A third issue that has recently arisen is the development of the West Senior Living
(WSL) development. This development is immediately adjacent to the Rancho Carlsbad
community and has been identified by the Rancho Carlsbad residents as a potential site
for the RV storage lot and community garden relocation. Staff had been aware of this
concept for some time but had not been able to get any type of commitment for the
September 3, 2008 relocation from the owner of the site.
September 5, 2008
PLANNED LOCAL DRAINAGE AREA PROGRAM OUTSTANDING ISSUES
Page 2
Subsequent to the August 5 Council meeting, the developer of the WSL project has
submitted a preliminary application for development of the site which includes areas
identified for RV storage and community garden relocations. Although the preliminary
application does not provide any commitment for the relocation site, it does appear that it
might be an appropriate time to pursue this issue with the developer and the Rancho
Carlsbad community.
The fourth issue has to do with Basin BJ, As was presented by the Rancho Carlsbad
residents at the August 5 meeting, there have been numerous hydrology studies
addressing the need for Basin BJ over the years. Although early studies indicated that
Basin BJ was an essential component for flood control in the vicinity of Rancho
Carlsbad, more recent studies indicate that it may not be as important as initially
thought. Due to the fact that the Rancho Carlsbad residents have expressed such deep
concern about the evolution of the results of the hydrology studies. Council may want to
consider retaining the services of an independent third party hydrologist to review the
latest study and provide their professional opinion. It should be noted that staff is
comfortable with the results of the latest study and does not believe there are any
significant technical issues that would warrant a new study being commissioned.
The final issue has to do with the flooding potential within the Rancho Carlsbad
community. In populated areas, the Federal Emergency Management Agency (FEMA)
publishes Flood Insurance Rate Maps indicating what portions of land are subject to
flooding, which typically will cause lenders to require flood insurance in order to borrow
money against a property, such as a mortgage. When flood control improvements are
constructed and the flooding potential is reduced, there is a process by which the Flood
Maps can be revised to show that properties have been removed from the flood plain.
As a result of the flood control improvements that have been, and are being, constructed
in the vicinity of Rancho Carlsbad, the City of Carlsbad has initiated the flood map
revision process with FEMA. Staff submitted a Conditional Letter of Map Revision
(CLOMR) with supporting hydrology analysis to FEMA with a request to revise the flood
mapping to show that virtually all of the Rancho Carlsbad community will be removed
from the flood plain. FEMA has responded to the City's request by asking for additional
information. Staff believes that the flood mapping revisions will be successful but will
need some time to resolve any outstanding issues with FEMA. When this process is
completed, we will have concurrence from FEMA that the majority of the Rancho
Carlsbad community is safe from flooding and the corresponding residents should no
longer be required by their lender to carry flood insurance.
Due to the above listed issues, Council may choose to defer any decision on the
Drainage Master Plan until staff has had the time to address the issues. If Council were
inclined to defer any actions on the DMP, my recommendation would be to pursue items
2, 3 and 5 above, but to not pursue items 1 and 4. Item 1 would be appropriately
addressed during the next DMP update with the understanding that all habitat and water
quality issues would be addressed concurrently with any individual drainage projects
contained within the DMP, Regarding item 4, since Basin BJ is already included in the
DMP, it does not appear necessary to revisit the hydrology studies addressing its' need.
September 5, 2008
PLANNED LOCAL DRAINAGE AREA PROGRAM OUTSTANDING ISSUES
Page 3
The primary concern of Rancho Carlsbad appears to be the funding of the relocation of
the RV storage and community gardens, and staff feels that those costs are adequately
addressed via the conditions of approval placed on the Cantarini/Holiy Springs
development.
Please feel free^to contact ,rne) if you have any questions.
GLENN PRUIM, P.B,
Public Works Director
September 9, 2008
TO: MAYOR AND CITY COUNCIL
FOR THE INFORMATION OF
THE CITY COUNCIL
<?K
DATE
<?hlo*
CITY ATTORNEY
FROM: CITY ATTORNEY
RE: PROPOSED ORDINANCE CS-004 AMENDING TITLE 15 OF THE CARLSBAD
MUNICIPAL CODE RELATING TO THE PLANNED LOCAL DRAINAGE AREA
FEE PROGRAM
In response to comments submitted by the Building Industry Association (BIA), the
Public Works director has recommended that an administrative variance procedure be
established to allow relief from the payment of the full Planned Local Drainage Area
fees when projects include Low Impact Development (LID) or hydro-modification
features. To do that, section 15.08.040(e), fee should be revised to read:
The applicant for a building permit may request adjustment of the
PLDA fees specified in this Chapter upon submittal of a written
request to the City Engineer when the project includes Low Impacted
Development (LID) or hydro-modification features or other design
features that reduce the 100-year flood runoff values in the post-
construction condition to such an extent that the runoff values are
reduced to the levels consistent with a project with a lesser runoff
level. For example, a project with a high runoff value that installs LID
features that result in runoff values that equate to a medium runoff
level would result in a fee reduced from the high level to the medium
level. In no case, however, shall the fee be reduced below the fee
imposed for the low runoff level. The decision of the City Engineer
may be appealed to the City Council pursuant to section 15.16.160 of
this Title.
Should you have any questions regarding this matter, please do not hesitate to contact me.
RONALD R. BALL
City Attorney
rn
c:
SEP - 9 2008
CITY OF CARLSBAD
CITY CLERK'S OFFICE,
City Clerk
City Manager
Public Works Director
City Engineer
Associate Engineer, Steve Jantz
All Receive - Agenda Item # O
For Information of
September 9, 2008
To: Mayor and City Council
From: City Manager
Subject: Basin BJ in the Drainage Master Plan
CM
THE CITY COUNCIL^
CA S CC ^
Date From CM*' Asst. CM
Attached is a memo from the Public Works Director responding to comments made at the
last public hearing regarding Basin BJ and the Drainage Master Plan and fee program.
Again, due to the complexity of these issues and the ongoing items identified in the
memo to the City Council dated September 4,1 would recommend that the Council
consider continuing the discussion of the Basin BJ issues until a future date. This would
allow staff opportunity to follow up on the remaining issues and the City Council time to
review all of the documentation.
1 am available should you have any questions or if you would like to discuss this issue
with me.
Lisa Hildabrand
City Manager
Lll:kd
Attachment
cc: City Attorney
Public Works Director
City Clerk
All Receive
For the Information of the:
c . K o onna CITY COUNCILSeptember 9, 2008 Asgt CM CK^_CQ (
Date6! r( City Manager_
TO: CITY MANAGER
FROM: PUBLIC WORKS DIRECTOR
RESPONSE TO RANCHO CARLSBAD AND DAVID BENTLEY COMMENTS RAISED AT
PUBLIC HEARING FOR THE DRAINAGE MASTER PLAN (DMP) ADOPTION ON
AUGUSTS, 2008
This memo was prepared to provide detailed responses to the many issues raised by the
Rancho Carlsbad Owners Association (RCOA) and David Bentley during Council's public
hearing on the DMP and PLDA fee program. Many of the issues raised by RCOA and David
Bentley have a voluminous history stretching back a decade or more.
The following is a brief summary of the basic issues and concerns raised by each of the parties
followed by a detail set of responses to each issue or concern raised:
Rancho Carlsbad Owners Association (RCOA)
The attorney representing the RCOA, Sue Loftin, submitted a written request for the following
additions to the Drainage Master Plan (DMP) and Planned Local Drainage Area (PLDA) fee
program:
1 Make a finding that the general location of Basin BJ is on propert; owned by the RCOA
and has been established at this location since the 1980 DMP.
2. Make a finding that Basin BJ is a necessary and integral part of the DMP to protect the
health and safety of the public, specifically the residents located within the Rancho
Carlsbad residential community.
3. Revise the cost estimate for Basin BJ to $2,500,000 to include financing of the costs to
construct Basin BJ together with the acquisition of the RCOA property and relocation site
and the cost to relocate the RCOA amenities currently located within the proposed Basin
BJ site.
Several RCOA representatives (Bill Arnold, Barbara Bevis and Russ Kohl) made a presentation
at the August 5, 2008 City Council meeting which included various documentation in support of
their written request. The RCOA representatives also made the following allegations that staff
believe require some clarification:
1 That Basin BJ is essential to the safety of the Rancho Carlsbad residents and must be
installed regardless of whether College Boulevard is constructed or Calavera Dam is
operated as a flood control facility; and,
2. That the City has made statements and taken actions that amount to binding
commitments to the residents to fund the cost of acquiring a relocation site and
relocating the RCOA RV storage lot, community garden, maintenance facilities and other
associated RCOA amenities.
Staff response to RCOA Request No. 1 Staff does not recommend inclusion of a finding that
the general location of Basin BJ is on property owned by the RCOA and has been established
at this location since the 1980 DMP. Staff is in agreement that some version of Basin BJ has
been included on the list of Master Drainage Plan facilities since 1980 and that its general
location has been shown at the site of the existing RCOA RV storage lot and community
garden. The 1980 Master Drainage Plan and the subsequent 1994 Updated DMP both identified
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 2
Basin BJ as a sedimentation basin with considerably smaller space requirements and different
purpose than the currently proposed detention basin.
The facility descriptions and locations noted on the DMP maps are representative of the general
scope and location of a proposed facility and are not intended to be interpreted as a definitive
scope and precise location for a particular facility. The final project site and facility scope will be
determined at the time a specific project proposal is made and final design calculations are
submitted.
Staff disagrees with any contention by the RCOA that the inclusion of Basin BJ on the existing
or any prior DMP maps amounts to a taking of RCOA property. The City has made no
commitment to a final project site and has not in any way precluded the RCOA residents from
enjoying the benefits of their property. It should be noted that the tentative map/site plan for the
Rancho Carlsbad Mobile Home Park conversion (RMHP 96-01 / MS 96-08 / ZC 96-04), as
prepared by the Rancho Carlsbad Resident Association, shows a proposed location of Basin BJ
on a portion of the RCOA property outside the developed limits of the existing RCOA amenities.
Staff response to RCOA Request No. 2 Staff does not recommend inclusion of a finding that
Basin BJ is a necessary and integral part of the DMP to protect the health and safety of the
public. The DMP document does not include findings regarding specific DMP facilities.
The purpose and scope of the DMP as specified in the DMP is to identify needed improvements
required to accommodate storm water flows resulting from new development. Each facility on
the list of PLDA funded projects has been recommended because it was found to be needed to
accommodate storm water flows from new development. Many PLDA facilities provide multiple
beneficial functions while accommodating the storm water impacts of new development.
Basin BJ was determined in the DMP to be a needed improvement required to accommodate
storm water flows resulting from new development. Basin BJ and its associated culvert perform
multiple functions in order to help mitigate storm water impacts from new development including
flood control, water quality improvement and protection of a major arterial roadway
The only findings that the City is required to make regarding PLDA funded improvements are
those required by Government Code Section 66000 et. seq. These findings include determining
how there is a reasonable relationship between the PLDA fee's use and the type of
development project upon which the fee is imposed and a determination how there is a need for
the public facility and the type of development project on which the fee is imposed.
Staff response to RCOA Request No. 3 Staff does not recommend revising the cost estimate
for Basin BJ to include property acquisition or private facility relocation expenses.
The recommended PLDA fee program does not include property acquisition or facility relocation
expenses for PLDA funded facility. The PLDA fee program is a developer funded facility impact
fee program and must meet the findings and requirements of Government Code Section 66000
et. seq. To meet these requirements and retain the essential fairness of the program, the City
would need to add property acquisition and relocation expenses to all the PLDA facilities.
This would significantly increase the total program cost and result in a higher PLDA fee.
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 3
Historically, the burden of dedicating property for required facilities has rested with the
development community outside the purview of a facility impact fee program.
Ultimately, the decision to include land acquisition and private facility relocation expenses within
the PLDA fee program is a Council policy decision. Government Code Section 66000 et. Seq.
defines a facility impact fee as being one being used for the purpose of defraying all or a portion
of the costs of public facilities related to a development project. If Council believes it can make
the required findings per Government Code Section 66000 et. Seq. then Council at its discretion
may add all or any part of the relocation and acquisition expenses to the PLDA fee program.
Staff response to RCOA Allegation No. 1 Staff is not in agreement that Basin BJ is essential to
the health and safety of the Rancho Carlsbad residents and must be constructed regardless of
whether College Boulevard is constructed or Calavera Dam is operated as a flood control
facility. RCOA's position appears to be rooted in the belief that the only valid hydrology studies
for Basin BJ were the ones conducted in 1998 and 2004 by Rick Engineering. These studies
recommend that the appropriate mix of improvements that provide flood relief to the Rancho
Carlsbad residential community are the four detention basins (Basin BJ, Basin BJB, Faraday
Basin and Melrose Basin), widening of Calavera Creek and dredging and improvement to the
Agua Hedionda Channel.
The RCOA has repeatedly disputed the subsequent study prepared in October 2005 by Chang
Consultants commissioned by the Robertson Ranch developer, McMillin Homes. The Chang
study concludes that the flood control objectives for Rancho Carlsbad can be obtained without
construction of Basin BJ by lowering the surface level of Calavera Lake in advance of a
forecasted storm event and by keeping the outlet values fully open during the storm event.
Staff continues to recommend incorporation of Basin BJ into the list of MDP projects funded by
the PLDA fee program. Basin BJ is still regarded as a needed facility to accommodate storm
water flows from new development. Basin BJ helps to alleviate flooding impacts within Rancho
Carlsbad, helps to improve water quality by reducing downstream erosive flows and helps to
reduce the sizing of the culvert needed to protect the future College Boulevard roadway. Basin
BJ has undergone environmental review and has received resource agency permit approval.
Removal of Basin BJ at this time would require supplemental environmental review.
Staff response to RCOA Allegation No. 2 Staff disagrees with the RCOA allegation that the
City has made statements and taken actions that amount to a binding commitments to the
residents to fund the cost of acquiring a relocation site and relocating the RCOA RV storage lot,
community garden, maintenance facilities and other associated RCOA amenities. Staff reviewed
the documentation presented by the RCOA at the August 5, 2008 Council hearing together with
other City documents and do not believe that the City's past statements and actions constitute
an agreement or binding commitment to fund the cost of relocating the RCOA amenities.
In 1996 the Carlsbad Resident Association agreed to contribute approximately $325,000 to the
PLDA fund to offset the estimated cost of the improvements required to mitigate the flooding
within Rancho Carlsbad. For its part, the City agreed to amend the DMP by adding the Rancho
Carlsbad Flood mitigation improvements to the list of PLDA funded improvements. The City also
agreed to include the flood mitigation work into the City's Capital Improvement program (CIP).
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 4
At the time this arrangement was made, the Basin BJ improvement project was not anticipated
to be a part of the flood mitigation work. The DMP project description approved in 1996 included
references non-specific project components including "...berms, levees and other features such
as detention areas..."
On December 18, 1996, City Council approved Resolution No. 97-44 approving the Rancho
Carlsbad Mobile Home Park conversion project. The Rancho Carlsbad property owners were
conditioned to contribute $318,000 over a ten year period to fund the Rancho Carlsbad flood
mitigation improvements. The owners were also conditioned to dedicate right of way for College
Boulevard and drainage easements over the Calavera and Agua Hedionda Creek channels
located within the park boundary. The owners were also required to enter into a drainage hold
harmless agreement. For its part, the City agreed to assume responsibility for the construction
of the flood mitigation improvements and future maintenance of the drainage channels.
On February 4, 1998, the parcel map creating the Rancho Carlsbad ownership project (MS 96-
08) was recorded. The parcel map included dedication for the College Boulevard right-of-way
together with the drainage easements for construction and maintenance of the Calavera and
Agua Hedionda Creek channels. Also recorded on February 4, 1998 was the Hold Harmless
Agreement signed by the Carlsbad Resident Association. On March 24, 1998, the Contract to
Secure Future Public Improvements was recorded. This agreement spelled the conditions and
requirements under which the Rancho Carlsbad residents would make payments on the
$318,000 contribution to the PLDA fee program. No specific provisions were included about the
City's obligation to construct the flood mitigation improvements.
On June 30, 1998, Rick Engineering completed the hydrologic and hydraulic analysis of the
Agua Hedionda drainage basin and recommended a flood mitigation program comprised of the
construction of four retention basins, the Calavera Creek capacity enhancement and dredging
and improvement to the Agua Creek channel.
On January 15, 2002, City Council approved Resolution No. 2002-016 certifying the Robertson
Ranch EIR and approving the Robertson Ranch Master Plan and Master Tentative Map.
The Council approval included a revised Condition No. 31 which required McMillin Homes to
enter into a three party option agreement with the City and the RCOA. The option agreement
was intended to provide the City and the RCOA an opportunity to purchase a 5.7 acre site from
McMillin to be developed as a replacement RV storage lot and community garden for the
Rancho Carlsbad residents. The condition and subsequent Option Agreement dated October 8,
2002 did not bind the City to fund the option parcel purchase from PLDA funds. Language
included within revised Condition No. 31 states "The City shall provide the mechanism whereby
the purchase by the Association shall be eligible for credit and repayment from the appropriate
funding source or sources established by the City which include this purpose. Any such credit
and repayment mechanism shall be implemented prior to or concurrent with the transfer to the
City by the Rancho Carlsbad Owners Association of the property rights to install Basin BJ."
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 5
In summary, neither City Council nor City staff has committed the City to funding of the Basin BJ
relocation or the property acquisition from revenues generated by the PLDA fee program.
Neither staff nor Council have committed to resolving the funding issue prior to or concurrent
with the adoption of the DMP and PLDA fee program.
At the time the City committed to constructing the Rancho Carlsbad flood mitigation
improvements, the estimated cost of the required flood control facilities was $325,000.
The current funding estimate for the required flood control improvements is approximately $12
million excluding any Basin BJ relocation and property acquisition expenses.
Staff believes the City's commitment to the Rancho Carlsbad residents was to provide flood
control facilities to mitigate potential flooding impacts and to remove as many units from the
FEMA 100-year flood zone as is practical. Based upon the various hydrologic and hydraulic
studies commissioned, the City subsequently determined that the maximum number that can be
practicably removed from the 100-year flood zone is all but a few units (less than 9). Most, if not
all, of the remaining units may be removed through a subsequent pad certification process once
the dredge and improvement project is complete. Staff does not believe that the City made a
commitment to install any particular flood control facility including Basin BJ.
David Bentley representing BENTEQ Real Estate
David Bentley representing BENTEQ Real Estate made the following requests:
1. Clearly define Basin BJ as a needed flood control facility for Rancho Carlsbad and
that it is necessary even if College Boulevard Reach 'A' is never constructed and
even if no further development occurs within Zone 15
2 Ensure that Basin BJ (Facility BJ-1) and the College Boulevard Bridge over Agua
Hedionda Creek (Facility BL-L) are properly budgeted and fully funded by the City to
provide complete and timely payment for the design, construction and acquisition of
said facilities.
In response to direct questioning from the Mayor asking Mr. Bentley if the conditions placed
upon the Cantarini and Holly Springs project require as a condition of development the
construction of Basin BJ including the acquisition of the relocation property and payment of
relocation expenses, Mr. Bentley responded affirmatively with the qualification that his
responsibility to do so was "subject to funding from the City of Carlsbad."
Staff response to Bentley Request No. 1 Staff believes the DMP includes adequate description
of Basin BJ and does not recommend making any modifications to the definition or findings in
the DMP Please refer to the response to RCOA Request No. 1 above for a further explanation.
Flooding within Rancho Carlsbad is impacted by all new development upstream of the Rancho
Carlsbad community including future development within Zones 5, 7, 14, 15, 16, 18 and 24.
Additionally, benefits accrue to new development throughout the Agua Hedionda drainage basin
from the construction of PLDA facilities by virtue of their protection of arterial roadways and
water quality improvements.
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 6
Staff response to Bentley Request No. 2 Staff believes that the PLDA fee program as
proposed properly funds those elements of facility BJ-1 and BL-L that can reasonably be related
to the storm flows resulting from new development. As discussed in detail in the staff response
to RCOA Request No. 3 above, staff does not recommend inclusion of property acquisition and
private facility relocation costs within facility impact fee programs. Staff is of the opinion that the
burden of dedicating property for required facilities rests appropriately with the development
community outside the purview of a facility impact fee program.
With regard to the funding of the College Boulevard Bridge, the PLDA cost estimate is
considerably less that the estimate attached to Mr. Bentley's letter ($2.8 million vs $1.8 million).
This is because the City estimate is based upon the minimal improvements required to pass
drainage flows beneath College Boulevard when it gets extended over Agua Hedionda Creek.
Mr Bentley's estimate includes additional bridge lengthening costs due to resource agency
requirements. Additionally, the Bentley estimate includes mitigation costs for impacts that would
not otherwise be required if a simple culvert design were used. City staff believes that using the
shorter bridge co&t and reduced mitigation costs represents the fairest method of costing the
project for the purpose of determining appropriate PLDA funding allocation.
August 28, 2008
As with all facility' impact fee programs, the City can not guarantee timely funding of facilities
from the revenues generated through a particular facility impact fee. Facility impact fee
revenues are dependent upon the developments from which the fees are derived. The City
Council has the discretion to apportion limited facility impact fee revenues to those projects they
determine to be of highest priority of their choosing. If facility funding is not available at the time
a particular development requires, the developer can elect to fund the improvement and enter
into a reimbursement agreement or delay their project until adequate funds have been received
and allocated to the respective project.
The amended Zone 15 Local Facilities Management Plan (LFMP 15C) includes language within
the financing section that states as follows:
The financing for the required drainage facilities shall be borne by the developer of Zone 15.
To the extent provided by City Planned Local Drainage Area Fee Program, the cost incurred by
individual developers for constructing Master Plan Drainage facilities shall be reimbursed from
Planned Local Drainage Area "B" fee revenues at a time and in a manner as determined by City
Council."
The Cantarini and Holly Springs projects are located within Zone 15 and are subject to the
requirements of the plan. The plan requires developers within Zone 15 to construct Basin BJ as
a condition of development; however, the Basin BJ improvement description as stated in the
plan did not specifically address the RCOA amenity relocation or property acquisition.
Staff response to Bentley statement that his responsibility for providing for Basin BJ relocation
and property acquisition is subject to funding from the City of Carlsbad Staff carefully reviewed
the conditions of approval for the Cantarini (CT 00-18) and Holly Springs (CT 00-21) projects as
well as the Local Facilities Management Plan (LFMP) for Zone 15 and found no reference in the
September 9, 2008
RESPONSE TO COMMENTS RAISED AT PUBLIC HEARING FOR THE DRAINAGE
MASTER PLAN (DMP) ADOPTION ON AUGUST 5, 2008
Page 7
conditions of approval requiring City reimbursement or funding for the construction of Basin BJ
or the property acquisition or RV and Community Garden relocation expenses. As noted in the
above response, the LFMP financing section includes language that the Zone 15 developer is
responsible for funding Basin BJ and that reimbursement from PLDA fee revenues will be made
to the extent provided in the PLDA fee program at a time and in a manner as determined by City
Council.
As presently conditioned, the developer of either the Cantarini or Holly Springs project is
required to "...provide for the relocation of the existing Rancho Carlsbad RV storage lot,
maintenance facilities and community garden (collectively the "Rancho Carlsbad Facilities")
impacted by the College Boulevard and Basin BJ improvements. The developer obligation
includes, but is not limited to, securing an alternate site for relocating the Rancho Carlsbad
Facilities, obtaining a Conditional Use Permit (CUP) and/or other discretionary permits
necessary for the relocation and constructing replacement improvements for the Rancho
Carlsbad Partners property..." Mr. Bentley did not protest this condition when it was
recommended at the Planning Commission or approved at the City Council hearing on these
projects.
Staff has diligently and cooperatively worked with Mr. Bentley and the other Zone 15 property
owners to resolve the financing issues regarding financing of Basin BJ as well as the College
Boulevard Reach A and Cannon Road Reach 4A which are all tied to development within Zone
15. At one point, it appeared Mr. Bentley found an appropriate funding mechanism for the Basin
BJ improvement. In his letter to the City dated May 12, 2004, Mr. Bentley notified the City that
he had negotiated an agreement with the RCOA to acquire an option to develop the remainder
portion of Parcel 4 (the Basin BJ property). As stated in his letter, the "...underlying goal is to
create value for the Parcel 4-BJ Basin property that exceeds the costs associated with the
Replacement Site and relocation process..." This remains an option but is unclear if the goal
remains the same based upon subsequent discussions with Mr. Bentley.
GLENN PRUIM
Public Works Director
cc: City Attorney
Deputy Public Works Director, Engineering Services
Deputy City Engineer, Planning and Programs
Senior Planer, Scott Donnell
Sep. <J. 'im 1\WM - Y' L
All Receive -Agenda Item #_J_^_
For Information of
THE CITY COUNCIL /
CM . CA_l_CC_jL
September 9,2008 Date— From CM—AsstCM.
Westfield, LLC
402 West Broadway
Suite 2050
RE: CITY OF CARLSBAD MASTER DRAINAGE PLAN San Die9°-CA 92101
Telephone (619) 544-8100
Facsimile (619) 238-9465
Honorable Mayor and City Council Members,
At your previous hearing on this matter, I had presented a letter to you addressing our
concerns with the proposed action. Included in the Item Explanation of AB# 19,568 is a
statement that staff has mitigated Westfield's concern with modified wording to Section
15.08.020.
As-I understand that wording, I can assure you that it does NOT mitigate our concern.
In my previous letter I gave the example of how our one project could be charged up to
$1.9 million dollars in drainage area fees when the total estimate of drainage improvements
for all of Drainage Basin A is only $1.7 million dollars.
Section 15.08.040 (b) requires the drainage fee to be paid prior to issuance of any building
permit or map whichever occurs first. Any fully developed property that proposes to
simply subdivide is required to pay the drainage fee based on the gross acre. The way the
Ordinance is written, even if no building permit was requested, the fee is required.
Staffs recommended amendment to Section 15.08.020 only addresses previously
developed projects that do not increase the existing building footprint by 50%. Even
though the Item Explanation says that it exempts those previously developed projects that
file a parcel map or final map that intent is not reflected in the proposed amended
language.
I request that the City Council adopt the following wording be added to section 15.08.050:
"Projects that are subdivided and\or redeveloped and that do not increase the net
impervious area of the site shall be exempt from the provisions of this chapter."
An errata sheet with this wording is attached for your convenience.
Sincere^
Taranton
Director of Development
Westfield, LLC
C: City Manager
City Attorney
City Clerk
Sep. 9. 2008
ERRATA TO AGENDA BILL 19:568
ORDINANCE NUMBER CS-005
Amend Section 15.08,050 to read as follows:
15.08.050 Exemption.
(a) Project by public agencies or entities shall be exempt from the provisions of this
chapter.
(b) Projects that are subdivided and\or redeveloped and that do not increase the net
impervious area of the site shall be exempt from the provisions of this chapter.
PROOF OF PUBLICATION
(2010 & 2011 C.CP.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
July 25th & 31st, 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at OCEANSIDE, California
This 31st, day of July, 2008
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
Proof of Publication of
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers,1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Tuesday, August 5, 2008, to consider:
1 . Certifying a Final Environmental Impact Report(EIR 04-02) and adopting the Candidate Findings ofFact and the Mitigation Monitoring ReportingTrogram for the proposed City of Carlsbad DrainageMaster Plan Update and the Calavera and Agua He-
3. Introducing an ordinance approving changties 15 of the Carlsbad Municipal Code r
dionda Creeks project;
2. Adopting a resolution approving the City of Carls-bad Drainage Master Plan and proposed PlannedLocal Drainage Area Fee revision;
to Ti-____ ____ ____________ _________ ____ regarding thePlanned Local Drainage Area Fee adjustments (MCA07-01);
4. Introducing an ordinance approving changes to Ti-tle 21 (Zoning Ordinance) of the Carlsbad MunicipalCode to revise outdated references to the DrainageMaster Plan and Model Erosion Control Ordinance(ZCA 07-04);
5. Adopting a resolution approving changes to LocalCoastal Program policies regarding the DrainageMaster Plan, "Model Erosion Control Ordinance, andModel Grading Ordinance (LCPA 07-06).
The proposed City of Carlsbad Drainage Master Planis a comprehensive, citywide planning document. TheZoning Ordinance and Local Coastal Program amend-ments and Title 1 5 changes affect properties through-out Carlsbad and the Coastal Zone.
The Calavera and Agua Hedionda Creeks projectproposes the dredging and long-term maintenance ofportions of Agua Hedionda and Calavera creeks inand near the Rancho Carlsbad residential communityand near and east of the intersection of El CamjnoReal and Cannon Road. The Carlsbad PlanningCommission has approved permits for this project;subject to the City Council's approval of the Final EIR.
s proposal areThose persons wishing to speak on this p._,cordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after August1, 2008
Copies of the proposed City of Carlsbad DrainageMaster Plan and the Final EIR are available for publicinspection at the City Clerk's Office, 1200 CarlsbadVillage Drive, the Engineering and Planning Depart-ments, 1635 Faraday Avenue, and the City's websiteat www.ci.carlsbad.ca.us. The Final EIR is also avail-able for review at the City's Dove and Cole libraries.
Written and telephone inquiries may be directed toSteven Jantz of the Engineering Department, 1635Faraday Avenue, Carlsbad CA 92008 (7601
602-2738.
If you challenge the Drainage Master Plan Update
and the Calavera and Agua Hedionda Creeks projectin court, you may be limited to raising only those is-sues you or someone else raised at the public hearingdescribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: City Clerk's
Office, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing.
CASE FILE: EIR 04-02/ZCA 07-04/LCPA 07-06/MCA07-01
CASE NAME: Drainage Master Plan Update/Calavera& Agua Hedionda Creeks
PUBLISH: JULY 25, 2008 & JULY 31, 2008
CITY OF CARLSBADCITY COUNCILNCT 2164510
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HILLS II L L C
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CARLSBAD CA 92008
BAHADOORI ALIREZA&CAMELIA
5218 FROST AVE
CARLSBAD CA 92008
ROMINE LESLIE M
5162 FROST AVE
CARLSBAD CA 92008
GURLEY KEVIN D&MAUREEN C
5309 FORECASTLE CT
CARLSBAD CA 92008
MILLEA JAMES P&MARGARET M
REVOCABLE LIVING TRUST
5150 FROST AVE
CARLSBAD CA 92008
DEMILLE KELLY L&KIMBERLY S
5146 FROST AVE
CARLSBAD CA 92008
HOFFMAN ROBERT C&AMELIA J
5104CIARDICT
CARLSBAD CA 92008
ZUECK JOSEPH M&DORAA
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CARLSBAD CA 92008
WELLAND JANE H
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CARLSBAD CA 92008
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HUFF RICHARD V&MELANIE A
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5241 FROST AVE
CARLSBAD CA 92008
PUTZ ROBERT A&GAIL A
5214 FROST AVE
CARLSBAD CA 92008
DENSON MARGARET E
2355 MERWIN DR
CARLSBAD CA 92008
HUCKABY LIVING TRUST 05-23-02
5154 FROST AVE
CARLSBAD CA 92008
HENSCHEL GAIL C LIVING TRUST
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5132 FROST AVE
CARLSBAD CA 92008
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CARLSBAD CA 92010
SCOTELLA FAMILY TRUST 11-20-89
3420 DON ALBERTO DR
CARLSBADCA92010
WALTER VIRGINIA M REVOCABLE
TRUST 06-08-94
3424 DON ALBERTO DR
CARLSBADCA92010
KENNEDY BETTY
2729 LA GRAN VIA
CARLSBAD CA 92009
WOLF-RICHARDSON VIOLA 2003
TRUST 04-11 -03
3438 DON ALBERTO DR
CARLSBADCA92010
ALLEN MARILYN M
3446 DON ALBERTO DR
CARLSBADCA92010
GOOLEY DONNA
3454 DON ALBERTO DR
CARLSBAD CA 92010
SWARTZ RAYMOND P&MARETTA
FAMILY TRUST 05-05-06
7043 VIA CANDREJO
CARLSBAD CA 92009
ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
SCHUMACHER CARL J
3476 DON ALBERTO DR
CARLSBAD CA 92010
WARNER FAMILY TRUST 02-26-08
3484 DON ALBERTO DR
CARLSBADCA92010
CAhAVERA HILLS II L L C
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3451 DON ORTEGA DR
CARLSBADCA92010
SPRAGUE TED G&KATHLEEN A
3445 DON ORTEGA DR
CARLSBADCA92010
HALEY MADELYN M
3443 DON ORTEGA DR
CARLSBADCA92010
BOYLE JOYCE F TRUST 08-29-02
3441 DON ORTEGA DR
CARLSBAD CA 92010
CALAVE^A HILLS II LL C
C/O MCMICkJN COMPANIES LLC
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CORWIN PAUL J&GERALDINE I
FAMILY TRUST 06-04-96
3479 DON ALBERTO DR
CARLSBAD CA 92010
HERMES DORIS F TR
3471 DON ALBERTO DR
CARLSBAD CA 92010
BANK OF AMERICA TR TRUST NO
66-11-111-5081510
3463 DON ALBERTO DR
CARLSBADCA92010
HART LIVING TRUST 11-18-04
3455 DON ALBERTO DR
CARLSBAD CA 92010
EVANS POIN-THOMEOWNERS ASSN
C/ORHRCIAX3OODMAN
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SANJ3fEGbCA92131
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CARLSBAD CA 92011
THOMA DAVE S&KATHLEEN E
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CARLSBAD CA 92008
CALAVERA HILLSxHH L C
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3364 SEACREST DR
CARLSBAD CA 92008
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SAN DIEGO CA 92121
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3474 DON JUAN DR
CARLSBAD CA 92010
BRENNAN ALLAN P&MARTHA S
3478 DON JUAN DR
CARLSBAD CA 92010
NEWLOVE JAMES H&JANICE B
2749 ABERDEEN LN
EL DORADO HILLS CA 95762
BROOKS LEONA M TRUST 12-14-00
3505 DON CARLOS DR
CARLSBAD CA 92010
HESTER DAYL
3515 DON CARLOS DR
CARLSBADCA92010
HANDELMAN FAMILY 1998 TRUST
3523 DON CARLOS DR
CARLSBAD CA 92010
ABBAMONTE SANDRA M LIVING
TRUST 04-25-06
3531 DON CARLOS DR
CARLSBAD CA 92010
AMOS ALBERTA 2007 TRUST
3539 DON CARLOS DR
CARLSBADCA92010
WEKSLER DELORES J REVOCABLE
TRUST 09-18-04
3545 DON CARLOS DR
CARLSBAD CA 92010
FOSTER GARRY L&LAKE JOCELYN
L
3553 DON CARLOS DR
CARLSBAD CA 92010
JOHNSTON PAUL M&MARJORIE E
REVOCABLE TRUST
3561 DON CARLOS DR
CARLSBAD CA 92010
DELANGE PHYLLIS E
3569 DON CARLOS DR
CARLSBAD CA 92010
PRICE FAMILY TRUST 11-18-05
PO BOX 2314
CARLSBADCA92018
FARKAS FAMILY TRUST 08-31-88
3514 DON JUAN DR
CARLSBAD CA 92010
GULIZIA RICHARD J&SHARON J
3522 DON JUAN DR
CARLSBADCA92010
MITCHELL FAMILY IRREVOCABLE
TRUST
3530 DON JUAN DR
CARLSBAD CA 92010
HORNA LOUISE M FAMILY TRUST
08-13-96
3538 DON JUAN DR
CARLSBADCA92010
SIMONTON ELAINE REVOCABLE
TRUST 03-26-99
3546 DON JUAN DR
CARLSBAD CA 92010
MILLER RONALD A&BARBARA L
3554 DON JUAN DR
CARLSBAD CA 92010
JENKS DAVID W&JUDY D
3562 DON JUAN DR
CARLSBAD CA 92010
MILLER FAMILY TRUST 06-08-87
440 CASTANYA CT
DANVILLE CA 94526
CINKO JOSEPH A&GERALDINE M
3571 DON JUAN DR
CARLSBAD CA 92010
BLANCO FAMILY 2004 TRUST
145 RYAN WAY
OCEANSIDE CA 92054
GILBERT LIVING TRUST 02-28-83
3555 DON JUAN DR
CARLSBAD CA 92010
PETRACH REVOCABLE LIVING
TRUST 05-03-90
3547 DON JUAN DR
CARLSBAD CA 92010
KOSCIELSKI FAMILY TRUST 03-02-
92
3539 DON JUAN DR
CARLSBAD CA 92010
WERNER ROBERT V FAMILY TRUST
07-02-02
3497 DON ALBERTO DR
CARLSBAD CA 92010
SIMES RONALD V TRUST 05-13-03
3491 DON ALBERTO DR
CARLSBAD CA 92010
WAYMAN FAMILY TRUST 03-12-91
3485 DON ALBERTO DR
CARLSBAD CA 92010
COUSINEAU RONALD L&PATRICIA A
3449 DON ALBERTO DR
CARLSBAD CA 92010
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WILLIAMS FAMILY TRUST 02-14-99
27591 SILVER CREEK DR
SAN JUAN CAPISTRANO CA 92675
FREER ELAINE
3454 DON ORTEGA DR
CARLSBAD CA 92010
READ FAMILY TRUST
3456 DON ORTEGA DR
CARLSBAD C A 92010
VANSLYKE ROBERT S&JAN B
1765 EVERGREEN AVE
J UN EAUAK 99801
WHALEY LINTON E REVOCABLE
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3462 DON ORTEGA DR
CARLSBAD CA 92010
NEWMAN TERRANCE C&DEBORAH
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1153KINGSWAYRD#3
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DEAN DENA
3468 DON ORTEGA DR
CARLSBAD CA 92010
ANNABLE LOUISE K REVOCABLE
TRUST 06-06-06
3470 DON ORTEGA DR
CARLSBAD CA 92010
PAULEK ALBERT&MARY FAMILY
TRUST 12-15-93
3474 DON ORTEGA DR
CARLSBAD CA 92010
NAUTA FAMILY TRUST 09-18-87
3478 DON ORTEGA DR
CARLSBAD CA 92010
ATKINS FLORENCE E TRUST 08-06-
99
3534 DON CARLOS DR
CARLSBADCA92010
GAMES THOMAS V REVOCABLE
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3479 DON ORTEGA DR
CARLSBADCA92010
SWEARINGEN DAVID R&MARILYN M
3475 DON ORTEGA DR
CARLSBADCA92010
DAWSON FAMILY SURVIVORS
TRUST
3473 DON ORTEGA DR
CARLSBAD CA 92010
LEBARON ELIZABETH R
3471 DON ORTEGA DR
CARLSBADCA92010
SCHENK FAMILY TRUST 07-25-02
3467 DON ORTEGA DR
CARLSBAD CA 92010
STOABS FAMILY TRUST 01-27-95
5184 DON RODOLFO DR
CARLSBAD CA 92010
CHESTNUT WILLIAM&HELEN
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C/O STEPHEN MICHEA
5271 DON VALDEZ DR
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3439 DON ORTEGA DR
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3435 DON ORTEGA DR
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MCCULLAH RONALD&MARIANNE
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3433 DON ORTEGA DR
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GRITZMAKER TRUST 07-03-90
3446 DON JUAN DR
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ODELL SUSAN M LIVING TRUST 09-
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3450 DON JUAN DR
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HANSEN WALTER T&MILDRED V
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CARLSBAD CA 92010
FOLEY LEONARD B&CAROLYN A
3458 DON JUAN DR
CARLSBAD CA 92010
CORREIA LEWIS A&JENNIFER L
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3462 DON JUAN DR
CARLSBADCA92010
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3464 DON JUAN DR
CARLSBADCA92010
HEPNER JOEL P 2003 TRUST 03-24-
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3468 DON JUAN DR
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BOITANO BEVERLY A SEPARATE
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CARLSBADCA92010
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3481 DON LORENZO DR
CARLSBAD CA 92010
KNOWLES WILLIAM R SURVIVORS
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3479 DON LORENZO DR
CARLSBAD CA 92010
STRINGER VIOLET B REVOCABLE
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4565 PURDUE AVE NE
SEATTLE WA 98105
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3469 DON LORENZO DR
CARLSBADCA92010
BUTLER BARBARA A TR
3467 DON LORENZO DR
CARLSBADCA92010
SIEH MURIEL TRUST 05-07-97
3465 DON LORENZO DR
CARLSBAD CA 92010
CHU IRIS J GOODRIDGE
3461 DON LORENZO DR
CARLSBAD CA 92010
WOOD KATHERINE M TRUST 08-20-
90
3459 DON LORENZO DR
CARLSBAD CA 92010
HAJDAS LENORA
P 0 BOX 2867
PETALUMA CA 94953
TERSOLO TRUST 04-13-88
3453 DON LORENZO DR
CARLSBAD CA 92010
CORLEY PHYLLIS J
3449 DON LORENZO DR
CARLSBAD CA 92010
ERNST JOHN O&ALLEGRA
2408 1ST AVE
SAN DIEGO CA 92101
LOMBARDI VINCENT&JAN L
3445 DON LORENZO DR
CARLSBAD CA 92010
VANDE-ZANDE FAMILY TRUST 04-
06-04
3443 DON LORENZO DR
CARLSBADCA92010
WAGNON TIM W&MARY L
3439 DON LORENZO DR
CARLSBAD CA 92010
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3437 DON LORENZO DR
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RUNNER FAMILY LIVING TRUST 06-
12-97
3433 DON LORENZO DR
CARLSBAD CA 92010
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3431 DON LORENZO DR
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CASHION SURVIVORS TRUST 10-25-
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2378 TERRAZA RIBERA
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ARNOLD WILLIAM G&RUTH E
3432 DON ORTEGA DR
CARLSBAD CA 92010
BLANCO FAMILY 2004 TRUST 03-11-
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145 RYAN WAY
OCEANSIDECA 92054
MAIDMENT FAMILY LIVING TRUST
11-23-96
3438 DON ORTEGA DR
CARLSBAD CA 92010
KAMPMANN FRANK&RUTH
REVOCABLE LIVING TRUST
3440 DON ORTEGA DR
CARLSBAD CA 92010
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3442 DON ORTEGA DR
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PINSKE HERBERT A
3449 DON ARTURO DR
CARLSBADCA92010
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3443 DON ARTURO DR
CARLSBAD CA 92010
ANSELL FAMILY LIVING TRUST 03-
14-95
3437 DON ARTURO DR
CARLSBAD CA 92010
ALLEN FAMILY TRUST 12-09-91
3431 DON ARTURO DR
CARLSBAD CA 92010
FISSORI NELLIE J LIVING TRUST 02-
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3430 DON LORENZO DR
CARLSBAD CA 92010
PIPPEN NANCY M
3432 DON LORENZO DR
CARLSBADCA92010
CONWAY NEIL B&MONICA L
3436 DON LORENZO DR
CARLSBAD CA 92010
MCCRACKEN JOANN TRUST 02-27-
08
3438 DON LORENZO DR
CARLSBAD CA 92010
CHARTRAW KATHERINE L TRUST
02-27-06
3455 DON ARTURO DR
CARLSBAD CA 92010
SALIBO FAMILY TRUST 02-16-04
3444 DON LORENZO DR
CARLSBADCA92010
BABA THOMAS V TRUST
4336 DON LORENZO
CARLSBAD CA 92010
GELLERT PAMELA E
3448 DON LORENZO DR
CARLSBAD CA 92010
HAINES JANET L REVOCABLE
LIVING TRUST
P 0 BOX 235092
ENCINITAS CA 92023
WEBBER MARTHA D TRUST 03-03-
05
3499 DON PORFIRIO DR
CARLSBAD CA 92010
NICKLIN DAVID A&GUADALUPE
3454 DON LORENZO DR
CARLSBAD CA 92010
THORNBURG MONTE L&LINDA D
3456 DON LORENZO DR
CARLSBADCA92010
ULYATE TRUST 03-16-89
3458 DON LORENZO DR
CARLSBAD CA 92010
PODRUP TRUST 06-25-96
3460 DON LORENZO DR
CARLSBAD CA 92010
MCLEOD FRANK&MARY J
REVOCABLE TRUST 04-03-90
7656 SUMMERFIELD DR
VERONA Wl 53593
STANSLOW ROBERT REVOCABLE
LIVING TRUST 03-18-04
3464 DON LORENZO DR
CARLSBAD CA 92010
WHEELER CAROL N IRREVOCABLE
TRUST 06-30-05
C/O EARL WHEELER
36240 PECAN CT
FREMONT CA 94536
MACE BRYAN A
3468 DON LORENZO DR
CARLSBAD CA 92010
MALEN WALTER TR&MALEN
ELEANOR M TR
3470 DON LORENZO DR
CARLSBAD CA 92010
GORDINIER D&S FAMILY TRUST
3472 DON LORENZO DR
CARLSBAD C A 92010
CULBERT ROBERT D&LAURA
3476 DON LORENZO DR
CARLSBADCA92010
WEISS GARY F&REBECCA J <DVA>
3478 DON LORENZO DR
CARLSBAD CA 92010
Etiquettes faciles a peler
IH-Mko? la naharit AWBV* «51RA«Sens de charaement
Consurtez la feuille
H'inctn irrinn
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Easy Peel Labels
Use Avery® TEMPLATE 5160*Paper
See Instruction Sheet j
for Easy Peel Feature ^AVERY®5160®
BISHOP EARLE E
3452 DON PORFIRIO DR
CARLSBADCA92010
PUZO DAVID A
3460 DON PORFIRIO DR
CARLSBAD CA 92010
KIRBY BRUCE
3468 DON PORFIRIO DR
CARLSBADCA92010
BOWENIRMAL TRUST
3476 DON PORFIRIO DR
CARLSBAD CA 92010
JONES FAMILY TRUST 01-12-04
3489 DON PORFIRIO DR
CARLSBAD CA 92010
BARKER RICHARD&MELINDA
FAMILY TRUST 11-05-04
5150DONMATADR
CARLSBADCA92010
SIMMONS FAMILY TRUST 03-19-90
3473 DON PORFIRIO DR
CARLSBAD CA 92010
LAYMAN JAMES A&PATRICIA R
3465 DON PORFIRIO DR #284
CARLSBAD CA 92010
KAISER DOROTHY L
3457 DON PORFIRIO DR
CARLSBAD CA 92010
MALTROTTI JOHN S&JEAN T
3447 DON PORFIRIO DR
CARLSBAD C A 92010
COURTNEY LUCIEN&MARION
FAMILY TRUST
3441 DON PORFIRIO DR
CARLSBAD CA 92010
CHRISTY KAREN
3444 DON PORFIRIO DR
CARLSBAD CA 92010
HARKINS STEVEN
3432 DON ARTURO DR
CARLSBAD C A 92010
BENTLEY CORALIE A FAMILY
TRUST 10-13-05
3440 DON ARTURO DR
CARLSBADCA92010
BOTTO ALBENO L&MARY
REVOCABLE LIVING TRUST
3446 DON ARTURO DR
CARLSBAD CA 92010
ARMSTRONG CHRISTINA R
REVOCABLE TRUST 05-13-03
3452 DON ARTURO DR
CARLSBAD CA 92010
PARKER JACQUELYN
2306 LANYARD PL
CARLSBAD CA 92008
STATE OF CALIFORNIA
PUBLIC AGENCY 00000
THULIN GRACE LIVING TRUST 11-
24-97
3458 DON ARTURO DR
CARLSBAD CA 92010
RICHTER FAMILY TRUST 03-04-87
2808 OCEAN VILLAGE WAY
OCEANSIDE CA 92054
EVANS POINT HOMEOWNERS ASSN
C/O MARCIA GOODMAN
10721 TREENAST#200
SAN DIEGO CA 92131
C I C GLEN RIDGE L P
C/O JAMES SCHMID
5993 AVENIDA ENCINAS #101
CARLSBAD CA 92008
CALAVER\HILLS II L L C
C/O MCMILIJKSI COMPANIES LLC
2727 HOOVE^AVE
NATION AITCITY\A 91950
ROBERTSON FAMILY TRUST 04-19-
95
4129 DEL MAR TRL
SAN DI EGO CA 92130
CALAVE^AHILLSIILLi
C/O MCMILDN COMJ2AKTIES LLC
2727 HOOVER)
NATIONALjeffV C> 91950
JOHNSON BELTON&MERLE TRUST
05-30-06
3472 DON ARTURO DR
CARLSBAD CA 92010
BAKER GERALD L
3480 DON ARTURO DR
CARLSBAD CA 92010
ROBLES ALBERT C&MARY P
3488 DON ARTURO DR
CARLSBADCA92010
SMITH BARBARA J TRUST 10-24-00
3485 DON ARTURO DR
CARLSBAD CA 92010
REITER MILTON H&LAVONNE M
3479 DON ARTURO DR
CARLSBAD CA 92010
Etiquettes faciles a peter
Utilise? IB aahartt AVERV* 51SO®Sens de charaement Consuftezlafeullle
H'lnctn irrinn
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Easy Peel Labels
Use Avery® TEMPLATE 5160®
BROWN LYMAN W
5326 DON ALVAREZ DR
CARLSBAD CA 92010
See Instruction Sheet j
for Easy Peel Feature ^
WRIGHT VAVEL J&JUDKINS CAROL
J
5342 DON ALVAREZ DR
CARLSBAD CA 92010
^AVERV®5160« I
SCHAAF FAMILY TRUST 09-02-84
23840 PARK BELMONTE
CALABASASCA91302
CLEM VALERIE A
5358 DON ALVAREZ DR
CARLSBAD CA 92010
ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
MURRAY SUZANNE SEPARATE
PROPERTY TRUST 07-18-00
3402 DON JOSE DR
CARLSBADCA92010
ULLMAN DONNA M
3408 DON JOSE DR
CARLSBAD CA 92010
GUESS FAMILY EXEMPTION TRUST
06-05-74
C/OJILLAROBB
P 0 BOX 675550
RANCHO SANTA FE CA 92067
BARNETT FAMILY TRUST 10-23-03
3420 DON JOSE DR
CARLSBAD CA 92010
GLAUSER CONSTANCE R LIVING
TRUST 10-21-05
C/O PATRICIA KINBERG
7345 ALTIVA PL
CARLSBAD CA 92009
COTTINGHAM KENNETH E&DIANE B
3432 DON JOSE DR
CARLSBADCA92010
HUNSICKER JOHN&SANDRA L
3438 DON JOSE DR
CARLSBADCA92010
NEAL FAMILY TRUST 06-02-00
3444 DON JOSE DR
CARLSBAD CA 92010
CURTIS TRUST 01-08-85
3450 DON JOSE DR
CARLSBAD CA 92010
SAIDENBERG CHARLES&SHARON
FAMILY TRUST 09-05-06
3456 DON JOSE DR
CARLSBAD CA 92010
SELKOWITZ EVELYN
3462 DON JOSE DR
CARLSBAD C A 92010
DIMINNO VINCENZO&JEANNE
REVOCABLE TRUST 08-22-89
3468 DON JOSE DR
CARLSBADCA92010
HRACA JOSEPH A&BEATRICE H
TRS
3474 DON JOSE DR
CARLSBADCA92010
MCLEOD NAOMI P
3475 DON JOSE DR
CARLSBADCA92010
KUVER GREGORY H&ISABEL
PSC82
BOX 002
APOAE 09710
KOPLOF FAMILY TRUST 02-19-01
3457 DON JOSE DR
CARLSBAD CA 92010
GREER ARTHUR W&CARMEN C
3449 DON JOSE DR #268
CARLSBAD CA 92010
NORTH GEORGE E&RITA M <DVA>
3441 DON JOSE DR
CARLSBADCA92010
PRICE FAMILY TRUST 10-19-72
3433 DON JOSE DR
CARLSBAD CA 92010
CALLAHAN SURVIVORS TRUST 04-
09-93
3423 DON JOSE DR
CARLSBAD CA 92010
GALLERY FAMILY TRUST 07-31-96
3415 DON JOSE DR
CARLSBAD CA 92010
AUGLERA-KAUFMAN PAULINE
TRUST 10-28-98
3420 DON JUAN DR
CARLSBAD CA 92010
KRAHN RAY E&VERNA M
3438 DON JUAN DR
CARLSBADCA92010
SLAUGHTER GRACE E TRUST 04-
12-00
3434 DON PORFIRIO DR
CARLSBADCA92010
CHRISTY LIVING TRUST 11-05-02
3444 DON PORFIRIO DR
CARLSBAD CA 92010
Etiquettes faciles a peler
I Mlica* la nahart* AUCOV® Rffin®Sens de charaement
Consuftez la feullle
(('instruction
www.avery.corn
1-800-GO-AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160*
BREM LARRY R&JUDY L
5143DONMATADR
CARLSBAD CA 92010
See Instruction Sheet |
for Easy Peel Feature 4
SUCHWALA FAMILY TRUST 03-10-94
5151 DONMATADR
CARLSBADCA92010
PACE FAMILY LIVING TRUST 12-21-
91
5157 DONMATADR
CARLSBAD CA 92010
ENIGENBURG FAMILY TRUST 06-22-
99
5163 DONMATADR
CARLSBAD CA 92010
BRAXTON FRED J REVOCABLE
TRUST 04-27-92
C/0 ASHLEIGH R BRAXTON
8900 S HARPER AVE
CHICAGO IL 60619
BOOZER ELYSIA LIVING TRUST 11-
04-89
5177 DONMATADR
CARLSBAD CA 92010
S&S TRUST 04-04-84
5183 DONMATADR
CARLSBADCA92010
WYATT ROBERT S&PATRICIA
3443 DON ALVAREZ DR
CARLSBAD CA 92010
COSTAIN JEAN E TRUST 03-30-06
2074 STEIGER LN
OCEANSIDE CA 92056
PARK TRUST 01-20-02
3427 DON ALVAREZ DR
CARLSBAD CA 92010
GROESBECK MARY J TR
3419 DON ALVAREZ DR
CARLSBAD CA 92010
TURNER LAWRENCE D FAMILY
TRUST
3411 DON ALVAREZ DR
CARLSBAD CA 92010
DEVANE SUSAN LIVING TRUST 03-
19-99
5157 DONMATADR
CARLSBADCA92010
WALTRIP JAMES C&NOREEN M
FAMILY TRUST 07-17-00
3406 DON COTA DR
CARLSBAD CA 92010
LYMAN ROBERT H LIVING TRUST
03-08-01
3414 DON COTA DR
CARLSBAD CA 92010
GLEDHILL JOHN G&M MARLYS
3422 DON COTA DR
CARLSBAD CA 92010
CRAWFORD DAVID W&JEAN E
INTERVIVOS TRUST 05-24-8
3430 DON COTA DR
CARLSBAD CA 92010
TAYLOR ANN&BILL TRUST 09-18-00
3438 DON COTA DR
CARLSBAD CA 92010
MUNRATH EARL J REVOCABLE
TRUST 04-10-06
3446 DON COTA DR
CARLSBAD CA 92010
SCHIMPF EMIL&JEAN FAMILY
TRUST 09-21-00
3454 DON COTA DR
CARLSBAD CA 92010
BENJAMIN MARCELLE L
9860 LA TORTOLA PL
SAN DIEGO CA 92129
CRAMM GERALD G&KATHLEEN A
3445 DON COTA DR
CARLSBAD CA 92010
MCKINNEY FAMILY REVOCABLE
TRUST 06-01-98 <DVA>
3437 DON COTA DR
CARLSBAD CA 92010
ANTOL JOHN D&KARLA O
3429 DON COTA DR
CARLSBADCA92010
MILLER WILMATR
18831 HIGHLAND VALLEY RD
RAMONA CA 92065
MOLLE ROBERT J REVOCABLE
TRUST 01-23-07
3413 DON COTA DR
CARLSBAD CA 92010
ARTINGSTALL FAMILY TRUST 02-13-
91
3407 DON COTA DR
CARLSBAD CA 92010
JOHNSON DOLORES
5302 DON ALVAREZ DR
CARLSBAD CA 92010
SNOW FAMILY TRUST 01-04-01
5310 DON ALVAREZ DR
CARLSBAD CA 92010
CADE INTER VIVOS TRUST 04-08-87
5318DONALVAREZDR
CARLSBAD CA 92010
Etiquettes faciles a peler
IHillc» la naharf* AWSBV* Clfin*3c>n« ffa rhamomont Consultez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
• •»
j^Feed Paper
See Instruction Sheet;
for Easy Peel Feature 4
STIPP HUGH J&BARBARA I FAMILY
TRUST 10-02-92
5168 DON RODOLFO DR
CARLSBAD CA 92010
JUHL CLARENCE A&JUDITH H
5172 DON RODOLFO DR
CARLSBADCA92010
AVERY®5160«
HENDERSON BRUCE B&NANCY G
5176 DON RODOLFO DR
CARLSBAD CA 92010
MURPHEY FAMILY TRUST 07-20-90
5180 DON RODOLFO DR
CARLSBAD CA 92010
STOABS FAMILY TRUST 01-27-95
5184 DON RODOLFO DR
CARLSBAD CA 92010
HEATHMAN FAMILY TRUST 10-26-99
5186 DON RODOLFO DR
CARLSBAD CA 92010
HESTER FAMILY TRUST 02-14-89
5188 DON RODOLFO DR
CARLSBAD CA 92010
^ \
IT 10-26-99 MORGAN RUPERT C&DORRIS M
FAMILY TRUST
5192 DON RODOLFO DR
CARLSBAD CA 92010
BEEMER JOE R&SHIRLEY A
5194 DON RODOLFO DR
CARLSBAD CA 92010
OOSTEROM HARRY L&BETTE J
5198 DON RODOLFO DR
CARLSBAD CA 92010
FERGUSON JOHN JR&FERGUSON
PAMELA L
5163 DON RODOLFO DR
CARLSBAD CA 92010
ESKIBORN LOUIS J LIVING TRUST
11-08-07
5155 DON RODOLFO DR
CARLSBAD CA 92010
BRISTOW JOYCE M LIVING TRUST
10-03-96
5147 DON RODOLFO DR
CARLSBAD CA 92010
MARTIN C WESLEY TRUST 11-22-94
5139 DON RODOLFO DR
CARLSBAD CA 92010
DIELI SALVATORE&ALICE M
5131 DON RODOLFO DR
CARLSBADCA92010
CARBONE MARTIN R&GLADYS K
5123 DON RODOLFO DR
CARLSBAD CA 92010
ROCK FAMILY TRUST 08-20-91
5178DONMATADR
CARLSBAD CA 92010
KUVER OSCAR H SEPARATE
PROPERTY TRUST 06-01-01
5172DONMATADR
CARLSBAD C A 92010
GARBER JERALD K&ELIZABETH H
5166DONMATADR
CARLSBADCA92010
THOMSON FAMILY TRUST 09-20-06
5158DONMATADR
CARLSBAD CA 92010
STEADMAN HELLEN F
5132DONMATADR
CARLSBAD CA 92010
CUNRADI DAVID R&ELLEN V
5128DONMATADR
CARLSBAD CA 92010
ROBINSON FAMILY TRUST 06-01-88
5117 DON RODOLFO DR
CARLSBAD CA 92010
SABOURIN PATRICIA A
5101 DONMATADR
CARLSBAD CA 92010
STOLMAKER CHARLOTTE TR
5107 DONMATADR
CARLSBAD CA 92010
CRANDALL ANAMAE B LIVING
TRUST 07-08-97
5115 DONMATADR
CARLSBAD CA 92010
ETNIRE ROBERT K TESTAMENTARY
TRUST A
C/0 UNION BANK
P O BOX 85552
SAN DI EGO C A 92186
MOORE JUDITH A TRUST 08-21-97
5129 DONMATADR
CARLSBAD CA 92010
BARKER N JEAN TRUST 03-18-93
5135 DON MATA DR
CARLSBAD CA 92010
Etiquettes faciles a, peltr
I l*lllc<» la ~-Gonsultezlafeuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160°
STEPHENS TERRY W&BARBARA E
5147 DON RICARDO DR
CARLSBAD CA92010
See Instruction Sheet!
for Easy Peel Feature j^
CHRISTIE MARVIN B&LORRAINE F
LIVING TRUST 05-07-
5155 DON RICARDO DR
CARLSBAD CA 92010
AVERY®5160®
OLIVER LUCILLE J SEPARATE
PROPERTY TRUST 05-04-0
68 RICE RD
WAYLANDMA01778
MICHIELI MARIA T SEPARATE
PROPERTY TRUST 03-13-0
5114 DON MIGUEL DR
CARLSBAD CA 92010
BORGE FAMILY TRUST 08-02-90
5120 DON MIGUEL DR
CARLSBAD CA 92010
HODGES FAMILY TRUST 07-02-96
5126 DON MIGUEL DR
CARLSBAD CA 92010
LARSON INTERVIVOS TRUST 04-08-
88
5134 DON MIGUEL DR
CARLSBAD CA 92010
BLAKELEY RICHARD E
5140 DON MIGUEL DR
CARLSBAD CA 92010
SOLLOWAY ERWIN&LOUISE TRUST
04-28-88
1400 COLORADP ST
BOULDER CITY NV 89005
ZIEGMAN CAROLEE P
5157 DON MIGUEL DR
CARLSBADCA92010
LIPTON GLADYS 2002 TRUST
5151 DON MIGUEL DR
CARLSBAD CA 92010
THEIS FAMILY TRUST 02-15-06
5145 DON MIGUEL DR
CARLSBAD CA 92010
SMITH DARRYL&CINDY
5139 DON MIGUEL DR
CARLSBADCA92010
JOHANSSON FAMILY TRUST 03-19-
87
5101 DON MIGUEL DR
CARLSBAD CA 92010
DUNCAN FAMILY TRUST 03-13-03
12528 SORA WAY
SAN DIEGO CA 92129
RITTER DON W&BETTY A
5106DONMATADR
CARLSBAD CA 92010
STEPHENSON LIVING TRUST 04-13-
90
5110DONMATADR
CARLSBAD CA 92010
DEELEY-BARNARD FAMILY TRUST
09-06-03
5116DONMATADR
CARLSBAD CA 92010
ARON ADRIENNE F
5120DONMATADR
CARLSBADCA92010
GIBSON JAMES W&MARY C FAMILY
TRUST 03-18-88
5124DONMATADR
CARLSBAD CA 92010
DUFFIN GORDON L&LUCILLE H
5128DONRODOLFODR
CARLSBAD CA 92010
STOABS FAMILY TRUST 01-27-95
5184DONRODOLFODR
CARLSBAD CA 92010
PRUITT RAYNEL
TRUST 04-21-06
5136 DON RODOLFO DR
CARLSBAD CA 92010
REVOCABLE HILLIARD FAMILY TRUST 07-18-94
5140 DON RODOLFO DR
CARLSBAD CA 92010
JAFFE LIVING TRUST 12-10-91
5144 DON RODOLFO DR
CARLSBAD CA 92010
WELLS ANNE S REVOCABLE TRUST
03-22-01
5148 DON RODOLFO DR
CARLSBAD CA 92010
SHADRICK ROGER C&PEGGY P
5152 DON RODOLFO DR
CARLSBAD CA 92010
HALL SANDRA J SEPARATE
PROPERTY TRUST 11 -25-97
5156 DON RODOLFO DR
CARLSBAD C A 92010
WATSON TOM&HARRIET M 1989
LIVING TRUST
5160 DON RODOLFO DR
CARLSBAD CA 92010
MOZINGO JOE P
5164 DON RODOLFO DR
CARLSBAD CA 92010
Etiquettes faciles 4 peler A
I Killea* la nahn«l* AtJMW® C«Cft* Cane da rtta*
Gonsutez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160*
See Instruction Sheet
for Easy Peel Feature ^AVERY®5150® I
CROOKANNE
5229 DON VALDEZ DR
CARLSBAD CA 92010
DANZIGER ROBERT B&CAROL N
5223 DON VALDEZ DR
CARLSBAD CA 92010
BENNETT PAULINE C
5217 DON VALDEZ DR
CARLSBAD CA 92010
OTT LORA A TRUST
5209 DON VALDEZ DR
CARLSBAD CA 92010
JONES BEVERLY J
5201 DON VALDEZ DR
CARLSBAD CA 92010
VOLZ KAREN S
5202 DON VALDEZ DR
CARLSBAD CA 92010
HARRIS ANITA V <DVA>
5268 DON VALDEZ DR
CARLSBAD CA 92010
WHEAT FAMILY TRUST 12-14-05
5272 DON VALDEZ DR
CARLSBAD CA 92010
BRADFIELD BETTY L
5279 DON RICARDO DR
CARLSBAD CA 92010
AMADO JESSE R JR&KATHLEEN A
5267 DON RICARDO DR #128
CARLSBADCA92010
A P F INVESTMENTS L P
C/0 TINA GERRY
826 ORANGE AVE #295
CORONADOCA92118
WEKSLER DELORES J REVOCABLE
TRUST 09-08-04
3545 DON CARLOS DR
CARLSBAD CA 92010
TORREY CRAIG G&CHERI B
5241 DON RICARDO DR
CARLSBAD CA 92010
BSHARAH FAMILY TRUST 11-15-06
5239 DON RICARDO DR
CARLSBAD CA 92010
PASCUCCI JOSEPH M&VALERIE D
TRS
5227 DON RICARDO DR
CARLSBAD CA 92010
WOODS MILDRED C TRUST 02-28-
90
5215 DON RICARDO DR#134
CARLSBADCA92010
LANDES ROBERT P&MARY L
5211 DON RICARDO DR
CARLSBAD CA 92010
HUNDSHAMER FRANCIS
X&JULIANNE M
5201 DON RICARDO DR
CARLSBAD CA 92010
WOODARD ANNE C
5165 DON RICARDO DR
CARLSBAD CA 92010
DATTAN HOWARD S
5163 DON RICARDO DR
CARLSBAD CA 92010
COURTNEY-MARSTON ARDYTH
TRUST 01-28-02
5152 DON RICARDO DR
CARLSBAD CA 92010
BLAIR MARY A TRUST 11-03-00
3860 RIVIERA DR #202
SAN DI EGO C A 92109
UNDERWOOD JAMES L&LOIS T
5136 DON RICARDO DR
CARLSBAD CA 92010
CULLINS GEORGE H&HELEN M
5128 DON RICARDO DR
CARLSBAD CA 92010
KERKLAAN-GRAY WILHELMINA J
TRUST 05-28-98
5118 DON RICARDO DR
CARLSBAD CA 92010
BLACKLEDGE THOMAS L&LILLIAN M
5101 DON RICARDO DR
CARLSBAD CA 92010
GIBSON FAMILY TRUST
5119 DON RICARDO DR
CARLSBAD CA 92010
BOWEN JAMES&CATHERIN TRUST
05-19-95
5125 DON RICARDO DR
CARLSBAD CA 92010
CAPTIOL TRUST
140 E STETSON AVE
HEMET CA 92543
SULLIVAN FAMILY TRUST 06-12-95
3480 DON LORENZO DR
CARLSBAD CA 92010
Etiquettes faciles ft peter
ll*llt___l- __t-__l^ a«M»«uA f^fftA
Consultez la feullle www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
SULLIVAN FAMILY TRUST
3480 DON LORENZO DR
CARLSBAD CA 92010
See Instruction Sheet •
for Easy Peel Feature 4
VEALE DONALD M&BARBARA M
TRS
5346 DON MIGUEL DR
CARLSBAD CA 92010
AVERY®5160®
RASMUSSEN JANET B TRUST 12-05-
03
5354 DON MIGUEL DR
CARLSBAD CA 92010
SMITH KENNETH B&HILDEGARD S
REVOCABLE TRUST 12-0
5362 DONMIGUELDR
CARLSBAD CA 92010
STANLEY HELEN L
5370 DON MIGUEL DR
CARLSBAD CA 92010
BURROUGHS NADINE C
5373 DON MIGUEL DR
CARLSBAD CA 92010
TITONE CARLO&MICHELE
5365 DONMIGUELDR
CARLSBADCA92010
BENTLEY CORALIE A
2430 SIERRA MORENA AVE
CARLSBAD CA 92010
SHIPMAN EDWARD A&SHONDA D
5349 DON MIGUEL DR
CARLSBAD CA 92010
GREEN JOHN F&DOROTHY E
TRUST 05-13-93
5341 DON MIGUEL DR
CARLSBAD CA 92010
WHALEN W&E REVOCABLE TRUST
08-01-95
5335 DON MIGUEL DR
CARLSBAD CA 92010
SKAPIK MARK J&GERALYN M
5327 DON MIGUEL DR
CARLSBAD CA 92010
BEAULIEU M GERTRUDE
5321 DON MIGUEL DR
CARLSBAD CA 92010
NELSON JEAN LIVING TRUST 05-15-
98
5313 DONMIGUELDR
CARLSBAD CA 92010
GRIEPP SHERRY L
5301 DON MIGUEL DR
CARLSBAD CA 92010
CONOVER BARBARA J REVOCABLE
TRUST 07-28-05
5270 DON MIGUEL DR
CARLSBAD C A 92010
HUMBLET FAMILY TRUST 06-24-96
629 S RANCHO SANTA FE RD #445
SAN MARCOS CA 92078
SAILER MICHAEL M&NINSUDA C
5256 DON MIGUEL DR
CARLSBAD CA 92010
HANAWA MASAKI&JOY M
5573 COYOTE CT
CARLSBAD CA 92010
PERRY JOSEPH&MARJORIE E
TRUST 08-24-05
5236 DON MIGUEL DR
CARLSBAD CA 92010
BERAN TERRY L M
1614 BROWN ST
CARSON CITY NV 89701
ERICKSON CLARK&CANDLER KAY L
29 CORNELL RD
BALA CYNWYD PA 19004
JACOBS RAY D&RUBY L
5216 DONMIGUELDR
CARLSBAD CA 92010
ULYATE TRUST 03-16-89
3458 DON LORENZO DR
CARLSBADCA92010
ATKINSON WILLIAM C&PAMELA J
5202 DONMIGUELDR
CARLSBAD CA 92010
CHESTNUT WILLIAM&HELEN
INTERVIVOS TRUST 08-22-97
C/0 STEPHEN MICHEA
5271 DON VALDEZ DR
CARLSBAD CA 92010
CHO YUN SOON
5265 DON VALDEZ DR
CARLSBAD CA 92010
ULYATE TRUST 03-16-89
3458 DON LORENZO DR
CARLSBAD CA 92010
MCLOUGHLIN JAMES M
5245 DON VALDEZ DR
CARLSBAD CA 92010
MITCHELL JENNIFER L TR
3080 CAMINITO TERCER VERDE
DEL MAR CA 92014
Etiquettes faciles a peter
CAM*
A
. A~ ~U.._~~.-.*Consultez la feullle www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160°
See Instruction Sheet j
for Easy Peel Feature ^!
TURNER FAMILY TRUST 08-23-00
3327 DON PABLO DR
CARLSBAD CA 92010
LEIBELT DANIEL G&SHIRLEY
3333 DON PABLO DR
CARLSBAD CA 92010
JOHNSON JOANN
3339 DON PABLO DR
CARLSBAD CA 92010
DRIVER CELESTE M
3343 DON PABLO DR
CARLSBADCA92010
RYFLE OSCAR&MARILYN TRUST 09-
12-06
3349 DON PABLO DR
CARLSBAD CA 92010
COLBURN CRAIG B&NANCY J
3355 DON PABLO DR
CARLSBAD CA 92010
HENDRIX ROBERT M&MARY E
FAMILY TRUST 03-11-99
1280 HIDDEN SPRINGS AVE
OAK PARK CA 91377
STRANGE FRANK&MARILYN
REVOCABLE TRUST 08-03-92
3367 DON PABLO DR
CARLSBAD CA 92010
STORTI FAMILY TRUST 10-03-01
3373 DON PABLO DR
CARLSBAD CA 92010
MOIR JAMES&MARLYS LIVING
TRUST 03-05-04
3379 DON PABLO DR
CARLSBAD CA 92010
FOX FRANCIS T&BARBARA J
3385 DON PABLO DR
CARLSBADCA92010
JOHNSON JOSEPH M
3340 DON PABLO DR
CARLSBAD CA 92010
WEKSLER DELORES J REVOCABLE
TRUST 09-18-04
3545 DON CARLOS DR
CARLSBADCA92010
HELFRICH WILLIAM A&JEAN E TRS
5376 DON RICARDO DR
CARLSBAD CA 92010
LEWIS TROY III&CHARLOTTE L
5370 DON RICARDO DR
CARLSBAD CA 92010
SNELSON SIGMUND&ANN E
PO BOX 1175
EASTSOUND WA 98245
WALLIG FAMILY TRUST 12-06-03
5356 DON RICARDO DR
CARLSBAD CA 92010
HILL MARJORIE B REVOCABLE
TRUST 08-01-07
5348 DON RICARDO DR
CARLSBAD CA 92010
WARREN WILLIAM J
5342 DON RICARDO DR
CARLSBADCA92010
RICKERT NANCY L TRUST 09-03-99
5336 DON RICARDO DR
CARLSBAD CA 92010
CHURCHILL ROBERT T&KAREN J
26 WRIGHT PL
WILBRAHAMMA01095
CROWE DAVID
5320 DON RICARDO DR
CARLSBAD C A 92010
LAGRANDEUR PAULA H&PHILIP M
7901 46TH AVE W
MUKILTEO WA 98275
SKAPIK MARK J&GERALYN
16175 CASTILE DR
WHITTIER CA 90603
PELUSO ROBERT L&JANICE L
REVOCABLE TRUST 06-14-9
5302 DON RICARDO DR
CARLSBADCA92010
WOLF ROCHELLE T
5301 DON RICARDO DR
CARLSBAD CA 92010
MIDKIFF FAMILY TRUST 06-23-04
5307 DON RICARDO DR
CARLSBAD CA 92010
DIONESE LOUIS C
5315 DON RICARDO DR
CARLSBAD CA 92010
PHILLIPS JULIAN P&JOY L
5321 DON RICARDO DR
CARLSBAD CA 92010
ESSERT NEOMA J TRUST
5327 DON RICARDO DR
CARLSBAD CA 92010
Etiquettes faciles a peter
t.*.. i« ..-.I*....!* Attem/® cien®Cane Ha rhamaman*
Consurtezlafeuille www.avwy.com
4 OAA «=*» Al
Easy Peel Labels
Use Avery* TEMPLATE 5160®
• ^»
j[Feed Paper
See Instruction Sheet {
for Easy Peel Feature 4
HERBERT WAYNE I FAMILY TRUST
10-12-93
3338 DON QUIXOTE DR
CARLSBAD CA 92010
PICCINI DIANNE C
3330 DON QUIXOTE DR
CARLSBADCA92010
I
HARN JAMES&JEANNE O <DVA>
3322 DON QUIXOTE DR
CARLSBAD C A 92010
RATHBONE FAMILY TRUST 03-04-05
3314 DON QUIXOTE DR
CARLSBAD CA 92010
MOU KIZEN LIVING 1996 TRUST 07-
24-96
3302 DON QUIXOTE DR#7
CARLSBAD CA 92010
GENSLER CHARLES A&LUCIA G
3301 DON TOMASO DR
CARLSBAD CA 92010
MICELI RODGER J LIVING TRUST
1986
3315 DON TOMASO DR
CARLSBAD CA 92010
REINHOLZ BETTY L
3323 DON TOMASO DR
CARLSBAD CA 92010
SWARTZ RAYMOND P&MARETTA
FAMILY TRUST 05-05-06
7043 VIA CANDREJO
CARLSBAD CA 92009
NOVAK-FINNEY TRUST 06-22-04
3339 DON TOMASO DR
CARLSBADCA92010
MASON RAYMOND G&KATHLEEN O
3347 DON TOMASO DR
CARLSBAD CA 92010
SONN LIVING TRUST 04-19-90
3348 DON TOMASO DR
CARLSBAD CA 92010
TEMPESTA GERARD&SUZANNE O
69 RICE RD
WAYLANDMA01778
STANDERFER TRUST 10-02-01
3332 DON TOMASO DR
CARLSBADCA92010
BIRMINGHAM FAMILY TRUST 10-04-
93
1180ALTAVISTADR
VISTA CA 92084
MAXVILLE JUNE D LIVING TRUST
06-23-03
3314 DON TOMASO DR
CARLSBADCA92010
ERICKSON DAVID
3302 DON TOMASO DR
CARLSBAD CA 92010
FANNING CHRISTOPHER G
3301 DON DIABLO DR
CARLSBADCA92010
PRICE TRUST 08-02-94
3311 DON DIABLO DR
CARLSBAD CA 92010
CROWE EDWARD F&ANGELA A
9520 STOAKES AVE
DOWNEY CA 90240
BARNETT FAMILY TRUST 10-23-03
3420 DON JOSE DR
CARLSBAD CA 92010
HENRY CHARLES H&LINDA L <DVA>
3337 DON DIABLO DR
CARLSBAD CA 92010
WRIGHT ROBERT D&DOUGLAS
CINDY
3345 DON DIABLO DR
CARLSBAD CA 92010
LEVINE BURTON A TRUST 04-21-94
3390 DON DIABLO DR #26
CARLSBAD CA 92010
PLESSNER JOAN LIVING TRUST 10-
12-93
3384 DON DIABLO DR
CARLSBAD CA 92010
FLANIGAN LAWRENCE E&NANCY A
3378 DON DIABLO DR
CARLSBAD CA 92010
DONLEY FAMILY TRUST 07-29-04
3302 DON DIABLO DR
CARLSBAD CA 92010
HAMPTON KIM J
3301 DON PABLO DR
CARLSBAD CA 92010
KOHL FAMILY TRUST 07-26-96
3317 DON PABLO DR
CARLSBAD CA 92010
KREINICK EUGENE TRUST 02-03-98
C/0 MERWYN J MILLER
191 CALLE MAGDALENA #270
ENCINITAS CA 92024
Etiquettes faciles ft peler
• 1&M1___|A __ft.__l*. AftMMMuA P«««tdb
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Easy Peel Labels
Use Avery* TEMPLATE 5160*
DENEAU TRUST 10-29-93
3473 DON JUAN DR
CARLSBADCA92010
See Instruction Sheet
for Easy Peel Feature
SAWYER BONNIE B
3467 DON JUAN DR
CARLSBADCA92010
AWERMAN MURRAY&BLANCHE B
TRS
12965NW 18THMNR
PEMBROKE PINES FL 33028
SWANSON FAMILY TRUST 12-09-94
3455 DON JUAN DR
CARLSBAD CA 92010
HOBSON DENIS&DOROTHY TRUST
01-16-03
3449 DON JUAN DR
CARLSBAD CA 92010
KNIPPELBERG ROBERT G
3443 DON JUAN DR
CARLSBAD CA 92010
ALEXANDER LUTHER A&ALTA M
TRUST 06-25-69
3439 DON JUAN DR
CARLSBADCA92010
HARTZELL FAMILY TRUST 02-01-88
5410 DON FELIPE DR
CARLSBADCA92010
BUDGET FINANCE CO
1849 SAWTELLE BLVD #700
LOS ANGELES CA 90025
WOOD DOROTHY B TRUST 05-15-92
5426 DON FELIPE DR
CARLSBAD CA 92010
CHARDONNENS VIVIAN V
5434 DON FELIPE DR
CARLSBAD CA 92010
DWELLEY WILLIAM F&MARTHA H
FAMILY TRUST 08-06-93
5442 DON FELIPE DR
CARLSBAD CA 92010
LAMBERT THOMAS P&CAROLYN F
FAMILY TRUST
5452 DON FELIPE DR
CARLSBADCA92010
DUNAVAN PAMELA S
5460 DON FELIPE DR
CARLSBAD CA 92010
MINKS VIRGIL L&MARY
5459 DON FELIPE DR
CARLSBAD CA 92010
GIBBIA FAMILY TRUST 04-24-07
5451 DON FELIPE DR
CARLSBAD CA 92010
KNIGHT ROBERT L&NANCY L TRS
5443 DON FELIPE DR
CARLSBAD CA 92010
HALEY THOMAS P
5435 DON FELIPE DR
CARLSBAD CA 92010
BLANCHARD FAMILY TRUST 06-30-
93
5427 DON FELIPE DR
CARLSBAD CA 92010
NAJARIAN MOURAD FAMILY JOINT
TRUST 08-09-77
5419 DON FELIPE DR
CARLSBAD CA 92010
PAULSON DENNIS J&LINDA K
1721 ARYANADR
ENCINITASCA 92024
VAUGHAN-CHALDY CAROLYN
LIVING TRUST 09-03-01
5439 DON LUIS DR
CARLSBAD CA 92010
MENNING FAMILY TRUST 03-25-91
5431 DON LUIS DR
CARLSBAD CA 92010
KATZ LIVING TRUST 12-09-98
5423 DON LUIS DR
CARLSBAD CA 92010
SAAR CHARLES E LIVING TRUST
09-25-92
5415 DON LUIS DR
CARLSBAD CA 92010
ALDRICH FAMILY TRUST 11-03-89
5407 DON LUIS DR
CARLSBAD CA 92010
MYERS FAMILY TRUST 09-04-98
3428 DON JUAN DR
CARLSBAD CA 92010
PEDROTTA CHARLES H
3442 DON JUAN DR
CARLSBAD CA 92010
BISHOP ELZA D&PATSY J
3349 DON TOMASO DR
CARLSBAD CA 92010
LIEBERMAN FAMILY 1993 TRUST
3346 DON QUIXOTE DR
CARLSBAD CA 92010
Etiquettes faciles a peler Consultez la feuille www.avery.com
Easy Peel Labels
Use Avery* TEMPLATE 5160°
KRIMIAN FAMILY 2002 TRUST
5330 DONMIGUELDR
CARLSBAD CA 92010
i A
AFeed Paper See Instruction Sheet |
for Easy Peel Feature ^
I M C ASSET MANAGEMENT CO
6171 W CENTURY BLVD #100
LOS ANGELES CA 90045
iAVERY®5!60®
PRIGG HARRY D&BARBARA FAMILY
TRUST 08-14-92
5208 DON VALDEZ DR
CARLSBAD CA 92010
HARRIS ALVIN&JEWELL INTER
VIVOS TRUST 03-03-00
5218 DON VALDEZ DR
CARLSBAD CA 92010
FISCHER WILLIAM M&MARY E
REVOCABLE TRUST 06-16-9
5228 DON VALDEZ DR
CARLSBAD CA 92010
WALDEN MALVIN A&ELIZABETH A
REVOCABLE TRUST
5232 DON VALDEZ DR
CARLSBAD CA 92010
GABLE FAMILY TRUST 02-26-91
5240 DON VALDEZ DR
CARLSBAD CA 92010
EAHEART LOUISE A TRUST 07-26-94
5246 DON VALDEZ DR
CARLSBAD CA 92010
ABBOTT EARLENE L TRUST 04-21-
03
5258 DON VALDEZ DR
CARLSBAD CA 92010
HARMUTH FAMILY TRUST 07-05-89
5133 DONMIGUELDR
CARLSBADCA92010
LOWE BETTY E 1994 SEPARATE
PROPERTY TRUST
5127 DON MIGUEL DR
CARLSBAD CA 92010
LANCIAL MARTHA L
5121 DON MIGUEL DR
CARLSBAD CA 92010
REICH DALE&DONNA
5115 DONMIGUELDR
CARLSBAD CA 92010
RETSCH PAUL LIVING TRUST 02-22-
08
6460 CONVOY CT #87
SAN DIEGO CA 92117
MAHRDT WILLIAM F&GLORIA F
5105 DONMIGUELDR
CARLSBAD CA 92010
BARKER RICHARD&MELINDA
FAMILY TRUST 00-05-04
5150DONMATADR
CARLSBAD CA 92010
WHERLEY PATRICIA K
5144 DON MATA DR
CARLSBADCA92010
BURMEISTER FAMILY TRUST 11-09-
01
3490 DON ALBERTO DR
CARLSBAD CA 92010
THURMAN MINNIE M TRUST 09-19-
95
3496 DON ALBERTO DR
CARLSBAD CA 92010
HARDY DAVID A&JOANNE F
4802 HAMER DR
PLACENTIA CA 92870
GAMZA MARVIN&PATRICIA 2005
TRUST
3426 DON CARLOS DR
CARLSBAD CA 92010
LAVEILLE JACK G TR
3430 DON CARLOS DR
CARLSBAD C A 92010
CASEY LAWRENCE P&JEANDHEUR
VALERIE J
PO BOX 910529
SAN DIEGO CA 92191
WAYMAN FAMILY TRUST 03-21-91
3438 DON CARLOS DR
CARLSBAD CA 92010
DOTY-ROGERS REBECCA A
2292 BRYANT DR
CARLSBAD CA 92008
BROWN RUTH S
3446 DON CARLOS DR
CARLSBAD CA 92010
MATSON EDWARD M&KAREN J
3450 DON CARLOS DR
CARLSBAD CA 92010
STITH LIVING TRUST 12-29-00
3454 DON CARLOS DR
CARLSBAD CA 92010
GLADDEN ELLEN J
3458 DON CARLOS DR
CARLSBADCA92010
BRADY-RUBIN PAULA L
3479 DON JUAN DR
CARLSBAD CA 92010
Etiquettes facile* a peter
I Mlieav la flskavto E4CA0
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Easy Peel Labels
Use Avery® TEMPLATE 5160®
LAJOYE LIVING TRUST 05-13-04
3418 DON CARLOS DR
CARLSBAD CA 92010
J^Feed Paper
See Instruction Sheet [
for Easy Peel Feature ^
PHEGLEY REVOCABLE TRUST 01-
24-96
3422 DON CARLOS DR
CARLSBAD CA 92010
AVERY®5160®
CAL7WERA HILLS II L L C
CIO MCMJLLIN COMPANIES LLC
2727 HOO\
NATIONAk-CrPiC.CA 91950
MEACHAM ROMY C FAMILY TRUST
08-24-94
5405 DON FELIPE DR
CARLSBAD CA 92010
ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
ANDERSON FAMILY TRUST 02-22-91
5446 DON LUIS DR
CARLSBAD CA 92010
KENNEDY BETTY
2729 LA GRAN VIA
CARLSBAD CA 92009
OVERLAND JOANNE
5430 DON LUIS DR
CARLSBADCA92010
PRATT FAMILY TRUST 10-22-03
5422 DON LUIS DR
CARLSBAD CA 92010
BOOK FAMILY TRUST 02-13-90
5414 DON LUIS DR
CARLSBADCA92010
RUSSELL SAMUEL&NORMA FAMILY
TRUST 12-08-04
5406 DON LUIS DR
CARLSBADCA92010
ERNST LEONARD H&JOANNE C
5455 DON LUIS DR
CARLSBAD CA 92010
GRUNEISEN ANITA L TR
5447 DON LUIS DR
CARLSBAD CA 92010
HARRIS DEANNA
3372 DON DIABLO DR
CARLSBADCA92010
KURTH FAMILY TRUST 06-18-93
3366 DON DIABLO DR
CARLSBAD CA 92010
THORPE/MCGRATH-THORPE
FAMILY TRUST 04-06-04
3358 DON DIABLO DR
CARLSBAD CA 92010
RHEAD CLAUDE R&KATHERINE C
4016VIADELAPAZ
OCEANSIDE CA 92057
MCCLEAN EDWARD A <LE> BRANN
KENNETH E&MARY E 199
3342 DON DIABLO DR
CARLSBAD CA 92010
KLINGBEIi. RUTH L
3336 DON DIABLO DR
CARLSBAD CA 92010
NICKEL JOSEPH S REVOCABLE
TRUST 11-06-87
3328 DON DIABLO DR
CARLSBADCA92010
BERSCHNEIDER ROCKLIN
J&RONELL
3318 DON DIABLO DR
CARLSBAD CA 92010
JOHNSTONE KENNETH W 2003
TRUST 05-15-03 ETAL
3312 DON DIABLO DR
CARLSBAD CA 92010
SEILER 1994 REVOCABLE TRUST
5343 DON RICARDO DR
CARLSBAD CA 92010
WELLS NANCY
5351 DON RICARDO DR
CARLSBAD CA 92010
MALCHASKI EDDIE S&PATRICIA K
TRUST 04-25-02
5359 DON RICARDO DR
CARLSBADCA92010
MARKHAM JOSEPH R
5367 DON RICARDO DR
CARLSBAD CA 92010
VANDERSLICE FAMILY REVOCABLE
INTERVIVOS TRUST 09
5302 DON MIGUEL DR
CARLSBAD CA 92010
MCALLISTER CONCETTA
REVOCABLE TRUST 08-15-00
5310 DON MIGUEL DR
CARLSBAD CA 92010
GHASSEMI PARVINDOKHT TRUST
5318 DON MIGUEL DR
CARLSBAD CA 92010
I M C ASSET MANAGEMENT CO
6171 W CENTURY BLVD #100
LOS ANGELES CA 90045
Etiquettes faciles a peler
t •Jktlt — —.— I— —— L. ——**- AttMMWk«A ^4i^J*dh
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Easy Peel Labels
Use Avery® TEMPLATE 5160®
WEINER JEFFREY H&DEBRA M
5090 LYNCH CT
CARLSBAD CA 92008
: A
J^Feed Paper See Instruction Sheet |
for Easy Peel Feature 4
ROSENFELD RICHARD&LOU A
5134 FROST AVE
CARLSBAD CA 92008
HUTCHENS MICHAEL&LAURI
FAMILY 2007 TRUST
2305 LANYARD PL
CARLSBAD CA 92008
FAHEY GREGORY&SUE TRUST 10-
04-07
5246 FROST AVE
CARLSBAD CA 92008
MORGAN GALLON J&LINDA M
5245 FROST AVE
CARLSBAD CA 92008
DARRACQ GAIL
2281 HILLYER ST
CARLSBAD CA 92008
CALAVERA HILLS
C/0-trfCMILLIN COJ\
LL<
IES LLC
N
WEST SENIOR LIVING R E L L C
C/0 WEST DEVELOPMENT INC
6005 HIDDEN VALLEY RD #290
CARLSBAD CA 92011
CARLSBAD CANTERBURY ASSN
10721 TRfeEN<ST#200
SANDIE0COSA92131
THOMAS DONNA G TRUST 03-08-01
2342 KEATS PL
CARLSBAD CA 92008
EAGLE CANYON AT EVANS POINT
ASSN
10179 HUENNEKENSST
SAN DIEGO CA 92121
AFFRE NICHOLAS A&KIMBERLY E
2315 KEATS PL
CARLSBAD CA 92008
HENKEL DOUGLAS&BARBARA J
FAMILY INTER VIVOS TRUS
2302 LANYARD PL
CARLSBAD CA 92008
TE OF CALIFORNI
PUBLIC AGENCY 00000
SHEA HOMES LTD PARTNERSHIP
10721 TREENAST#200
SAN DIEGO CA 92131
WEST SENIOR LIVING R E L L C
<LF> KELLY ROBERT P
C/O WEST DEVELOPMENT INC
6005 HIDDEN VALLEY RD #290
CARLSBAD CA 92011
CALAV
C/O
HILLS II L L C
LLC
CALAVERA HILLS II L L C
C/O MCfoHLLIN COMPANIES LLC
2727 HOOVE3»AYE
NATIONAJL-elTYGA.91950/^ ^x
CARLSBAD UNIFIED
TRICT
PUBLIC AGENCY 00000
RICCI DOROTHY L LIVING TRUST
12-13-04
3457 DON CARLOS DR
CARLSBAD CA 92010
SPARKS DOROTHY S TRUST 04-20-
05
3453 DON CARLOS DR
CARLSBAD CA 92010
DINSMORE ROBERT W&DEBORAH
M REVOCABLE 2003 TRUST
1541 9THST
SANTA MONICA CA 90401
FROMM HELEN P
3445 DON CARLOS DR
CARLSBAD CA 92010
WILSON RAQUEL C SEPARATE
PROPERTY TRUST 03-09-04
3441 DON CARLOS DR
CARLSBAD CA 92010
ALBERTS LILIANE G
3437 DON CARLOS DR
CARLSBAD CA 92010
KANTER HARVEY&MARLENE
3433 DON CARLOS DR
CARLSBADCA92010
CUSTODERO STEPHEN L&JUDITH
3429 DON CARLOS DR
CARLSBAD CA 92010
KOOLHOF FREDERIC J W FAMILY
TRUST 04-23-05
3425 DON CARLOS DR
CARLSBADCA92010
TENEYCK SUE M TRUST 04-05-05
3410 DON CARLOS DR
CARLSBAD CA 92010
KOHL MOTT REVOCABLE TRUST
3414 DON CARLOS DR
CARLSBAD CA 92010
Etiquettes faciles a peter
IH1IUP7 le naharl* AWCOV* KlCftO Cane
Consultez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160°
! A
AFeed Paper
See Instruction Sheet j
for Easy Peel Feature ^AVERY®5160®
WOOLLEY CURTIS S&SUSAN
5138 FROST AVE
CARLSBAD CA 92008
ARMS FAMILY TRUST 050-05-07
5075 CIARDI CT
CARLSBAD CA 92008
WILSON HELEN A
2311 KEATS PL
CARLSBAD CA 92008
SWANIKER FAMILY INTERVIVOS
REVOCABLE TRUST 02-16
5103 FROST AVE
CARLSBAD CA 92008
BRICKER FAMILY TRUST 08-23-07
5225 FROST AVE
CARLSBAD CA 92008
MOSER JEFFERY L&DEE A
2359 MERWIN DR
CARLSBAD CA 92008
CARLSBAD CANTERBURY ASSN
C/O MARC1A GOO0MAN
10721 TREET^VST #200
SAN DIEGO"CAN92131
RESETCO DAVID&LORI 2004
FAMILY TRUST 12-16-04
5142 FROST AVE
CARLSBAD CA 92008
KINCAID CAROLYN A
P 0 BOX 20941
RIVERSIDE CA 92516
MEZEY FAMILY 1999 TRUST 12-01-
99
2340 JEFFERS PL
CARLSBAD CA 92008
LIU HUAMING&KOK SANDY SIU
PING
5222 FROST AVE
CARLSBAD CA 92008
BELTRAN MARCUS F&MARY A
2209 LONGFELLOW RD
CARLSBAD CA 92008
DELAMATA FELIX B&ROSEANNE D
2376 MERWIN DR
CARLSBAD CA 92008
HOLDER JAMES B&JAMIE D
5079 CIARDI CT
CARLSBAD CA 92008
MIDDIEN ROBERT N
2290 HILLYER ST
CARLSBAD CA 92008
BILAR JOHN F JR&SASHA S
2371 MERWIN DR
CARLSBAD CA 92008
DUFFY PHILIP C&TRICIA K
2338 KEATS PL
CARLSBAD CA 92008
RANCHO CARLSBAD OWNERS
ASSN
C/O KATHY GRIFFITH
5200 EL CAMINO REAL
CARLSBAD CA 92010
KNOOIHUIZEN WILLIAM M&JOAN E
2422 BYRON PL
CARLSBAD CA 92008
WHITE STUART R&LEIGH
5249 FROST AVE
CARLSBAD CA 92008
BABINEAU FAMILY LIVING TRUST
01-28-03
2217 LONGFELLOW RD
CARLSBAD CA 92008
KHATRI SHABANA S
7321 CAPULIN RD NE
ALBUQUERQUE NM 87109
JANKE ANITA
2334 KEATS PL
CARLSBAD CA 92008
PEREIRA TREVOR X&JOAN M
2341 JEFFERS PL
CARLSBAD CA 92008
WILSON STEVEN T&LORRAINE D
5158 FROST AVE
CARLSBAD CA 92008
BACHER GERALD D&MARIANNA E
2352 JEFFERS PL
CARLSBAD CA 92008
LEE NANCY K
643 LYNWOOD DR
ENCINITASCA 92024
RIGGINS ANDY&SANDRA
5080 CIARDI CT
CARLSBAD CA 92008
STORING RICHARD&ELIZABETH A
5102 LYNCH CT
CARLSBAD CA 92008
DEGRAW FAMILY TRUST 11-19-04
2399 MERWIN DR
CARLSBAD CA 92008
Etiquettes faciles a peler
I l+lllro-p la x-U^.U. AtmwA C«e/«A
A. J~ -I—Consultez la feuille www.avery.com
AHaAV-O9-008-l luauia&ieip ap sues
T
8,0915 eAlOAV »H«IW> a| zas||Rn
CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DIST
STE 250
255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DIST
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DIST
701 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DIST
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
600 EUCALYPTUS AVE
VISTA CA 92084
VALLECITOS WATER DIST
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
ATTN TEDANASIS
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
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Client/ Matter NumberRCOA-Drain-Flood
Attorneys at Law
Hand Delivery
September 9, 2008
Honorable Mayor Bud Lewis and Councilpersons
1200 Carlsbad Village Drive
Carlsbad, California 92009
CITY OF CARLSBADCITY CLERK'S OFFICE
Resolution No. 2008-230, and related matters
15
19,568
September 9,2008
Request- (1)°TO CONTINUE THE MATTER or (2) TO ADOPT THE
ATTACHED ERRATA
Re: Hearing:
Item No:
AB#
Date:
Time:
Dear Mayor and Councilpersons:
This correspondence is written on behalf of Rancho Carlsbad Countr,, Club Esm.es and
its Association, the Rancho Carlsbad Homeowners Assoc.at.on, Inc. ( Assoc.at.on )
m Continue this matter to provide staff an opportunity to follow up on the issues
' ' fdemified to L memo presented to the City Council by Glen Prium and to rev.ew all
of the Rancho Carlsbad history and issue; or
(2) Adopt the Resolution with the attached ERRATA which clearly states that the Staff
will continue to work on the Rancho Carlsbad history and issues, and present, if
rppropriare, an amendment to the Drainage Master Plan and to the Planned Local
Drainage Area Fee, and any related Ordinances.
M:\Rancho Carlsbad\Drain-Basm-Flood\City Hearing 9-9-08\City Council with ERRATA 9-9-8.doc
THE LOFTIN FIRM
Honorable Mayor Lewis & Councilpersons
September 9, 2008
Page 2 of2
For the purposes of the hearing on September 9, 2008, the Association incorporates all
documents submitted prior to or at the Hearing on August 5, 2008 and the supplemental
materials and documents submitted after the August 5, 2008 hearing for clarification of the
Association's issues related to the matters before the City Council on September 9, 2008.
Sincerely,
THE L0FTIN FIRM
L. sue Loftin, Esq.
cc: Client
Matthew Herron, Esq.
City Clerk
City Attorney
David Hauser, Planning Dept.
Ends. ERRATA
M:\Rancho Carlsbad\Drain-Basin-Flood\City Hearing 9-9-08\City Council with ERRATA 9-9-8.doc:
Resolution No. 2008-230
September 9,2008
ERRATA
WHEREAS, on August 5, 2008 the residents of Rancho Carlsbad Country
Club Estates, through their representatives, presented testimony which raised issues
related to the Drainage Master Plan and Planned Local Drainage Area Fee, CIP
Project No. 3872;
WHEREAS, the issues raised by Rancho Carlsbad Country Club Estates are
not addressed in the actions before the City Council, to wit: (1) Ordinance No. CS-
004, amending the Carlsbad Municipal code, Title 15, chapter 15-08, updating the
Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA
07-01); (2) Ordinance No. CS-005, amending Title 21, Chapters 21.38, 21.203 and
21.205 of the Municipal code by Deleting References to the Master Drainage Plan
Adopted in 1994 and the Model Erosion Control Ordinance and Adding References
to the Proposed City of Carlsbad Drainage Master Plan and Existing Engineering
Standards, Carlsbad Drainage master Plan (ZCA 07-04); and (3) Resolution No.
2008-230 approving the 2008 Carlsbad Drainage Master Plan and Approving a
Change to the City's Planned Local Drainage Area Fee, CIP Project No. 3872; and
WHEREAS, the issues raised by Rancho Carlsbad Country Club Estates
require additional information and study, and the City is desirous of adopting the
Drainage Master Plan and Planned Local Drainage Area Fee.
THEREFORE, the City adds to Resolution No. 2008-230 a new paragraph
10, which reads:
10. That the BJ Basin is a necessary and required component of the
Drainage Master Plan. That BJ Basin is located on property owned by Rancho
Carlsbad Country Club Estate upon which improvements are located. The staff is
required hereby to review the actions taken tonight to ensure construction of BJ
Basin and funding is adequate for the purchase of the real property, construction of
BJ Basin and replacement and relocation of the Rancho Carlsbad Country Club
Estate common area improvements located in the BJ Basin area. If after review and
consideration of all of the facts, the Drainage Master Plan and/or the Planned Local
Drainage Area Fee require amendment, then staff shall bring back to the City
Council for review and action any such proposed amendment.
M:\Rancho Carlsbad\Drain-Basin-Flood\City Hearing 9-9-08\ERRATA 9-9-08 (v2).doc
09/05/2008
MAYOR LEWIS AND CITY COUNCIL MEMBERS
As a resident of Rancho Carlsbad for the past 5 years, I was very disappointed in the council
meeting on August 5th. Ever since I moved to Carlsbad I have followed very closely the issues
surrounding the Council's actions relative to Rancho Carlsbad. I served on the Rancho Carlsbad
Board of Directors and followed the negotiations and promises very closely. The 100 Year flood
line includes most of the units on my street so you can imagine how interested I have been in the
BJ Basin. Yet, at this meeting it seemed that members of the council acted as if they were just
hearing about it for the first time and some did not even have the Information with them at the
meeting.
Mayor, you and some of the current Council members, were involved with these discussions from
the beginning. I was astounded to find you back tracking on the promises the council made earlier
as if you had never heard of them before. The council had previously approved the planning
commission's plans in support of Rancho Carlsbad's flood water protections, including the BJ
Basin and the land purchase required to exchange the land required to extend College from
Cannon road to El Camino Real. Rancho Carlsbad had supported you in good faith as the
relevant projects went forward. Please don't turn your backs on the health and safety of Rancho
Carlsbad citizens. You need to fund and build the BJ basin. Fund and transfer our facilities to
another accessible location, that we have been promised in 2002. Do promises and agreements
made in 2002 expire in 2008? Is that even legal?
We paid our share as agreed upon. We have supported the council's actions in good faith. We
listened to your design support for the Weir Wall with misgivings but bowed to your insistence that
it would protect us, which in fact was poorly engineered and had to be redone. We have done all
you requested and required of us. Now it is your turn to support our safety and live up to your
agreements.
Sincerely,
Arthur arrGre ACENDAHEM*
3449 Don Jose Dr. « Mayor
Carlsbad, CA 92010 , City Council
City Manager
City Attorney
- City Clerk
Elizabeth Burmeister
3490 Don Alberto Dr A., rtfn 11 i r* m. «,.«.._ M_L \UCarlsbad, CA 92010
] J
J660 fe^^?
n
Gisela I. Harmuth
5133 Don Miguel Drive A Hi'CEIVED
Carlsbad, CA 92010
(760) 438-1768
September 4,2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and Council Members,
Due to health reasons I am unable to attend the Council meetings when you discuss the
problems we have in Rancho Carlsbad, where I have lived for 20 years. But I have
watched the proceedings on television.
I am particularly concerned with possible flooding and getting us out of the 100-year
flood map. As I understand it, you have made commitments in writing way back in 2002
to build the Basin BJ and pay for relocating our RV Parking, Community Garden and
Maintenance facilities,
I would like to urge you to reconsider your position. Thank you for your attention to
these matters.
Sincerely,
GEORGE F. BURMEISTER
3490 Don Alberto Drive
Carlsbad, California 92010-3901
(760) 602-0883
e-mail: EB2230@AOL.COM
ALL
ALL RECEIVED
September 4, 2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and City Council Members:
We are native San Diegans who moved to Rancho Carlsbad in 2000 for several reasons.
Most prominent were the convenience, beauty, and method of ownership at Rancho
Carlsbad, along with the city government that we thought was fair and reasonable in its
deliberations. At least that was what our friends and neighbors in Rancho Carlsbad told
us when we moved here.
Development around us was inevitable, with others desiring to live in Carlsbad, and we
followed along as you and our Rancho Carlsbad Negotiating Committee discussed ways
to protect our health and safety. From all indications, progress was being made, and we
could be assured that you and the developers would be fair in land swaps and funding of
the BJ Basin.
Apparently you forgot your promises made in 2002 to our community of 504 households.
That was the impression you left with us when we attended the August 5,2008 council
meeting. It was our first time at council, and seemed to echo the term we have heard
often: "politics as usual." How can the elected government of a city as large as Carlsbad
show such disregard for the welfare of our Rancho Carlsbad community, as well as the
years spent by our Negotiating Committee and your staff members? We hope you will
come to the rightful decision that the City of Carlsbad needs to fund and build the BJ
Basin and replace the land you are taking from us.
Yours truly,
John & Dorothy Green
5341 Don Miguel Drive
Carlsbad, CA 92010
ALL RECEIVED
DOUWE R. NAUTA
3478 Don Ortega Drive
Carlsbad CA 92010
Phone: (760) 804-3950
MAYOR LEWIS AND COUNCIL MEMBERS
CITY OF CARLSBAD
CITY HALL
1200 Carlsbad Village Drive
Carlsbad CA 92008
Dear Mayor Lewis and City Council Members,
Do you remember the August 5, 2008 Council meeting, with Rancho Carlsbad's presentation?
Please make good on your promise of years ago, and commit to the right decisions and funding.
We don't have to repeat what is involved.
You know what it is all about.
Thank you in advance for your proper actions.
Sincerely,
Don
Cfl.
ALL RECEIVED
of
8
D e^tr
<5lnci
follouo
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Ac/
Occnc/ / Mem
C-rl^ >* To oomm.
O / nc
ALL RECEIVED
09/04/2008
MAYOR LEWIS AND CITY COUNCIL MEMBERS
As a resident of Rancho Carlsbad for the past 10 plus years, I was very disappointed in the August 5th
council meeting.
I have heard for 10 years about flood control to get our homes our of the 100 year flood map. At this
meeting it seemed that some members of the council were just hearing about it for the first time and some
did not bring the package of Information with them to the meeting.
I know that this has been a topic of letter writing, heard on the floor of other meetings. The planning
commission and council had previous approved items that the council now says that they
had not discussed or that they believe some other source is to pay for and do the necessary land trade to
make us whole again. Please don't turn your backs on the health and safety of Rancho Carlsbad citizens.
The city has taken land from Rancho Carlsbad to build the College extension and it cuts through our
property and makes it impossible to attain access to the rest of our property. If the BJ basin is not build
access to our RV storage, garden area and landscape yard would be impossible, unless a bridge or
tunnel under or over College is built. You need to fund and build the BJ basin. Fund and transfer our
facilities to another accessible location, that we have been promised in 2002. How can the City in 2002
make promises and agreements and then in 2008 break those promises and agreements. Is that even
legal???
Please live up to your promises, get us relocated, and build the BJ basin to protect our homes and
property. This needs to be done now, not when the land is developed. Rain and floods do not wail: for the
land to be developed.
If you were living here, and this was happening to you, your parents or grandparents, what would do?
How would you feel???? Take time to really look at this from that perspective...!!!
Sincerely,
Allen and Lorene Neal
3444 Don Jose Dr.
Carlsbad, Ca 92010
Dear Mayor Lewis - Docs & Spreadsheets 9/2/08 2:35 PM
Dear Mayor Lewis and Council Members. /y
As you know the City Council meeting of Aug 5 th was well attended by Rancho Carlsbad
residents. We had come there to get answers on issues that concern health and safety of our Park
namely funding and acquiring land for basin BJ and relocating our RV parking, community
garden,and maintenance and Landscaping facilities. The Council looked and acted as if this was
the first time this issue was presented when we have been fighting for ten years for flood
control to get homes out of FEMA 100 year map. Why can't we get answers and solutions from the
City? Who really sets direction and policy the Council or the City staff? keep the promises and
agreements you made in 2002 and then in 2008 brake those promises is that legal?
Rancho Carlsbad Resident
John Gledhill
3422 Don Cota Dr.
Carlsbad,Ca 92010
jgled@roadrunner.com
http://docs.google.com/Doc?id=dds6fdzx_16dp5vf6cv page i Of 1
MERLE J. BEVIS JR.
ALL RECEIVED BARBARA S. BEVIS
343 1 Don Alberto Drive
Carlsbad, CA 920 10
August 29, 2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and City Council Members:
We are at a loss as to how the City in 2002 made promises and agreements
to Rancho Carlsbad and then in 2008 you are breaking these promises.
We, along with all the residents in Rancho Carlsbad, have followed the
issues under discussion and believed that the City was working with us on
solving these problems.
This is a health and safety issue for Rancho Carlsbad. The BJ Basin is
something we have been fighting for - to get flood control and remove
homes in our community from the 100 year flood zone map.
The City must commit to the funding of acquiring Rancho Carlsbad land for
the BJ Basin and relocating our RV Parking, Community Garden and
Maintenance and Landscaping facilities.
At the September 9th Council meeting we hope you will put funding into the
Drainage Master Plan and Fee Program to cover Rancho Carlsbad's past and
future expenses in connection with the pending relocation.
Thank you for your consideration,
(_.<
Barbara S. Bevis
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August 28, 2008 ALL RFCEIVEO
Mayor Lewis & City Council Members
City of Carlsbad
City Hall 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Friends:
We are long term residents (1989) of Rancho Carlsbad Park. We have seen
the dangers and damages of flooding and heard our City's response to end it
for some 10 years ago. Hopefully this will be done soon. Yes?
Next came, the City's commitment, we thought, to take our land for a Basin
B J and give us land for the garden, RV parking and maintenance facilities
now on the land you will take. It appears from the last meeting on 8/5/08
that this exchange might not happen. How can you do this to an old,
established and responsible 504 home community?
We are asking for fairness.
Sincerely
Ray and Mary Hartzell
5410 Don Felipe Dr
Carlsbad, CA 92010
August 29, 2008
Mayor Lewis and Council Members ' v t o
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Mayor Lewis and Council Members,
We reside in Rancho Carlsbad and have since 2002. We are writing to
express our concerns with your not living up to signed agreements for the
acquiring of land for BJ Basin, and to relocate our RV parking, Community
Garden, Maintenance and Landscaping facilities for when College Blvd is
extended through our property.
Concerns for flood control so we can be removed from the flood plain map
have been addressed by Rancho Carlsbad for much longer than our residency
here. At the Council meeting on August 5th' which we attended, many of you
acted like you had never heard of these concerns before when you have been
given printed copies of what we have been asking for. Obviously, you have
never read much of this, nor did you appear to care what our leaders are
presenting and asking for.
As City of Carlsbad residents we support our City, pay taxes and also we
vote. We would like to know why you made promises in 2002 and now in 2008
want to break those promises.
Sincerely, „ ^
•><j^^orV^^<^Mr^/ //
7Q^>L/vv_Sam & Norma Russell
5406 Don Luis Drive
Carlsbad, California 92010
Yolanda Wallig
5356 Don Ricardo Dr
Carlsbad, CA 92010
Phone and Fax 760-804-0323
e-
0
ALL RECEIVED
Jean E. Crawford
^i
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fi~-di^is~^- A*Lv (tL^e-^-Jlsi^r-* — .^~ —
in the LORD with all
your heart... and He will make
your paths straight.
Proverbs 3:5,6 (NIV)
ALL RECEIVED
ED MCCLEAN AND MARY BRANN
3342 DON DIABLO DRIVE
CARLSBAD, CA 92010-3914
edmcclean(o)Gmail.com jobrann@Gmail.com
August 27,2008
Mayor Bud and
CITY COUNCIL MEMBERS
CITY OF CARLSBAD
CITY HALL
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
Dear Mayor and Council Members:
It is very disappointing to be ignored when issues of importance are to affect a
large group of retired citizens who have exerted superior efforts to cooperate
for the betterment of this great city.
Many of us remember when the issue of Elm arose. We decided that yes, the city
needed to grow. We supported the decisions of the center islands of beautiful
landscaping for our main arteries. Many of us have exerted much time and
money to insure that Rancho Carlsbad become a resident owned community.
And be among the most beautiful manufactured housing communities in the
Country.
We know the terror of litigation to enforce performance of the promises made.
Many of us have been involved and know that both sides lose. Don't let it
happen.
Very concerned Home Owners
, (2 ,- <*~y-r l7f /^U(&M /r*-^- vLxL
Edward A. McClean
]Tft-&Lt* cOyi
Mary E. Brann
Earl and Michele Midkiff LL
5307 Don Ricardo Dr.
Carlsbad, CA 92010
August 27, 2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mr. Mayor and Council Members:
We were so relieved to hear that the City Council had approved the EIR.
The flooding problems that have occurred at Rancho Carlsbad Mobil
Estates have a good chance to be managed as soon as the agency permits
are procured and Aqua Hedionda is dredged once again.. Having said that, we
are extremely concerned that the action on the Drainage Master Plan and
Fee Program has been continued until September 9,2008. Are you
turning your back on the health and safety of our Residents?
This concern is compounded by the fact that Rancho Carlsbad Mobil
Estate occupants were assured that the City of Carlsbad would fund the
building of BasonBJ and provide the relocation of our Garden and RV
areas, as well as the maintenance and landscaping of those facilities.
How is it possible for the City of Carlsbad to make promises in 2002 and
break those promises in 2008. Is that LEGAL?
Very sincerely,
Earl and Michele Midkiff
DECEIVED August 28. 2008
Mayor Lewis & City Council Members
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis & City Council Members,
My wife and I were present at the City Council meeting, August 5, as concerned
members of the Rancho Carlsbad community.
We were shocked to see the lack of City leadership when the council looked
and acted as if this issue, of the commitment to the funding for acquiring RC
land for Basin BJ and relocating our RV Parking, Community Garden and
Maintenance and Landscaping facilities, was being presented for the first
time.
Where is the leadership in our City? How can you even think of breaking, or side
stepping, the promise you made in 2002.
Who really sets City's direction and policy; the City council or staff?
Don't turn your back on the health and safety of Rancho Carlsbad residents when
we have been fighting for ten years for flood control to get homes out of the
FEMA 100 year flood map.
How can the City in 2002 make promises and agreements, and then in 2008
break those promises. This doesn't sound right or legal? Do the right thing!!!
Concerned Rancho Carlsbad residents,
Tim Pratt
5422 Don Luis Drive
Norma Pratt
ALL RECEIVED
August 26, 2OO8
Mayor Bud Lewis and Council Members:
City of Carlsbad
City Hall
12OO Carlsbad Village Drive
Carlsbad, California 92OO8
Dear Mayor Lewis ami City Council Members:
I moved to Rancho Carlsbad in 2OO4 and attend our association meetings
regularly. Each meeting we are apprised of the developments concerning land
exchange, the BJ Basin, and agreements made with the Carlsbad City Council and
have been looking forward to the exchange of our RV Parking, Community Garden,
and Maintenance facilities for the BJ Basin, needed for flood control, as agreed to
way back In 2OO2.
I was at the August 5, 2OO8 Council Meeting and saw the surprise on Council
Members faces when shown a copy of your agreement, as if you did not know it
existed. Now it sounds as If you intend to take our land without compensation. Is
that fair? We are a resident-owned community and each and every on of us are
affected by your decision. Please keep your word. I will be there on September
Sf.
Sh
June Maxville
314 Don Tomaso Drive
Carlsbad, CA 92O1O
5144DonRodolfoDr.
Carlsbad, CA 92010 ALL RECE/VFn
(760)931-8002
jacjaf@sbcglobal.net
Mayor Lewis and Council Members
City of Carlsbad, City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and Council Members;
I was at the City Council meeting the evening of August 5, 2008 for the hearing on the
EIR on the Drainage Master Plan during which our Bill Arnold and Russ Kohl was given
time to present Rancho Carlsbad's position on the promises made by Council both verbally
and in documentation about how the City of Carlsbad planned to remove all but a few of
our homes here in Rancho Carlsbad from the flood zone designation and how the City
would "make us whole" when College was built out through our property, severing our
RV Parking, our community garden and our maintenance buildings from the rest of our
community.
My wife and I have been residents of Rancho Carlsbad since 1988 during which time we
have endured some trying periods and we well remember how Council stood by us during
those times and we still appreciate your assistance. That is why we find it difficult to
understand Council's position now. Our needs now are just as great and perhaps even
more so and those needs are being created by actions of the City. The development of
areas to the north and east of our community will only increase the run-off of water into
our streams; therefore we need the BJ Basin. And the severance of our property with the
extension of College Ave, eliminating convenient access to our property and facilities
without proper compensation is tantamount to seizure of property.
Please be fair to the good citizens of Rancho Carlsbad.
SfonjaRJaTfe
Jack M. Jaffe
August 24,2008
Mayor Bud Lewis and Council members
RE: BJ Basin
This letter is to support the city funding and supporting the BJ Basin drainage and
detention basin. The issue wiU coim up m September for rurihe^ Many
interests/parties will benefit from this basin. Included will be: CUSD, AguaHedionda
Lagoon Foundation, wetlands west of El Camino Real, HoUy Springs, C^ntarini Ranch,
and Rancho Carlsbad.
A bit of history to emphasi2x; this point Some of you re call in the late 1970's when we
experienced a veiy heavy rainfall. The AguaHedionda watershed which includes Lake
Calavera over to SiamyCreek region and beyond produced a flood. I recall hearing the
sound of roaring water aU night loi^ and in ^nMHning lay the results. Benches and
trees fiora Rancho Carlsbad golf course on the east side of El Camino Real near College
Ave floated down to our property on the west side of El Camino Real near Cannon Road.
Fences were down, horses were loose and debris was everywhere. The water level high
mark came within 12 inches of the bridge on El Camino Real and Cannon Road. Hie
damage was extensive.
Please keep tins event in mind in considering whether to fund this project The Rancho
Carlsbad garden plot needs to be relocated and land acquisition completed. These
residents will be the largest beneficiary for this basin.
I urge your supporting this BJ Basin. Remember wet years and 100 year floods will
reoccur. No one knows when.
Most sincerely,\/~\/~\
I ' \
Marvin Sippel
Partner, Holly Springs
RECEIVED
&
AL
ALDEA B. MARTIN
5139 Don Rodolfo Drive
Carlsbad, Ca 92010
1-760-603-0290
August 28,2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and City Council Members.
I request that you seriously consider keeping the promise you made to the residents of
Rancho Carlsbad in 2002 that you would fund and acquire Rancho Carlsbad land for the
BJ Basin and relocation of our RV Parking area, our Community gardens and
Maintenance and Landscaping facilities.
I did not think you heard or cared at all about what our leaders were presenting and
asking for at your August 5 Council meeting. I was there. You looked and acted as if this
issue was being presented for the first time. As a Council elected to represent the citizens
of Carlsbad, it appears to your constituents that your city staff really sets the direction and
policy of this city. City staff refuses to listen to your constituents. And you do, also.
So, if you have looked to these citizens of Carlsbad to elect you to office, and they elect
you, why can they not receive responses to their questions presented to you? Why should
your constituents believe your election propaganda? Time and again the residents of
Rancho Carlsbad have stood behind the present Council loyally, feeling secure in your
2002 promise to fund and acquire the above-mentioned land for the relocation of our RV
Parking area, our Community gardens and Maintenance and Landscaping facilities, plus
the BJ Basin.
That BJ Basin is something we have been fighting for ten years over - flood control to
get homes out of the FEMA 100 year flood zone map. You should be well aware by now
that our residents are in constant danger and most purchase costly insurance for
protection against this 100 year flood problem.
If the city controls what gets built and developed in Carlsbad, why can't Rancho Carlsbad
get answers and solutions from the city? Why is my City Council not answering our
community's questions? Is the health and welfare of our mobile home community not
important to the City?
How can the City in 2002 make promises and agreements and then in 2008 break those
promises? Is that legal?
Yours truly,
JOHN W. CADE
5318 Don Alvarez Dr.
Carlsbad, CA 92010-3904
Tel.760.918.9778 Cell 619.787.3044
johnphylca(g),aol.com
29 August 2008
C
City of Carlsbad
City Hall
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attention: Mayor Claude A. "Bud" Lewis
Mayor Pro Tern Ann J. Kulchin
Council Members Matt Hall, Mark Packard and Julie Nygaard
Subject: Make it Happen!
Dear Mayor Lewis and Council Members:
FACT The Rancho Carlsbad Community has worked with you and, more importantly, has supported you for
more than ten years.
FACT When I came to Carlsbad in 2004, the Rancho Carlsbad (RC) resident; and Board of Directors
assured me that our Community would soon have: Greatly improved flood protection; new maintenance,
garden and recreational vehicle storage facilities; and a continued throughway extending College Blvd. from
Cannon Rd. to El Camino Real. They believed that those things would come to pass very soon because,"—
the Mayor and City Council have told us so."
FACT Our RC leaders continue to have faith in you. We hope that faith will soon be justified. To date,
very unfortunately, we have neither the flood protection nor the facilities nor the College Blvd. extension that
were promised.
FACT The flood protection didn't happen, but the rain storms of December 2004 and January 2005 did
happen and the eventual move into our new home was delayed five (5) months until June 2005.
FACT Snails usually move faster than governments, except when the government wants to move fast.
Today, because of your certification of Final Environmental Impact Report (EIR 04-02), you are in a position
to expedite the flood mitigation and protection process in both Agua Hedionda and Calavera creeks to
significantly reduce those health and safety hazards to the residents of the RC Community and the surrounding
area.
FACT In 2006, the permits and processes required for emergency flood protection and repairs to Aqua
Hedionda Creek literally flew into place when you, the Mayor and City Council, said, "Make it happen!" It
did happen and YOU CAN MAKE IT HAPPEN AGAIN!
DISCUSSION The delays in approving the 2008 Drainage Master Plan (DMP) and related documents,
including the requirement for the Basin BJ Project, and authorizing the funding for the Basin BJ Project, are a
monumental farce and an insult to your constituents. Someone in City Government has done you a terrible
disservice. Leaving the Basin BJ Project in the DMP is far more cost effective than deleting it. Authorizing
the funding for the "Basin BJ and associated drainage improvements" will permit the Developer to move
forward with development of "Holly Springs," Case No. CT 00-21, as approved and adopted by Planning
Commission Resolution No. 5759 on 20 October 2004, at Conditions 6,12,47,55,56,109,110 et al. That
Resolution and those conditions also include Planning Commission Resolutions No. 5749, 5750, 5757,5758
and 5760 for those other approvals incorporated therein by reference.
DISCUSSION Editorially speaking, I implore you to stop looking at the "Big Picture" and shift your focus
to the "Little Picture" at the Rancho Carlsbad Community area which contains 504 homes (not just houses);
about 800 residents and constituents who are mostly seniors, tax payers and voters; and two creeks which
occasionally turn into raging water masses that threaten the homes and lives, health and safety of their
residents.
DISCUSSION Mr. Mayor and Council Members, it was obvious at the 5 August Council Meeting that you
want the DMP, including the Basin BJ Project and the funding therefore, and EIR/Flood Mitigation issues to be
concluded soon. The residents of RC would like that also.
Better yet, all of us, both you and we, would like to have those issues come quickly to a close with friendly
attitudes and with safe, financially sound and business-like resolutions.
RECOMMENDATIONS 1. Approve the 2008 Drainage Master Plan, including provisions for Basin BJ
Project.
2. Provide and authorize funding for all activities required to complete the Basin
BJ Project in accordance with Planning Commission Resolution No. 5759, as approved and adopted on 20
October 2004.
3. Prepare a funding authorization document for Recommendation 2 above to
include, but not be limited to, specific authorizations for acquisition of Rancho Carlsbad common area
property to be used for the Basin BJ Project; acquisition and development of property for Rancho Carlsbad,
contiguous to Rancho Carlsbad, meeting all current codes and requirements, to replace the property used for
Rancho Carlsbad's recreation vehicle (RV) storage, parking, washing and dump facility, community garden
and maintenance and landscaping facilities; and relocation and installation, as appropriate, of the Rancho
Carlsbad amenities from the present common property area to the new property area.
• 4. Expedite the flood mitigation and protection process in both Agua Hedionda
and Calavera creeks to complete the improvements by the end of November 2009.
REQUEST Recommendation 1. Make it happen at the next City Council Meeting on 9 September 2008.
Recommendation 2. Make it happen at the next City Council Meeting on 9 September 2008.
e. Recommendation 3. Approve the preparation of the funding authorization document to be
completed by 15 October 2008.
Recommendation 4. Make it happen at the next City Council Meeting on 9 September 2008.
Thank you for making these long awaited improvements happen.
Very respectfully,
«—-X-
John W. Cade
Owners' Association, Inc.
5200 El Camino Real, Carlsbad, California 92010-7118
Phone: (760) 438-0333 Fax: (760) 438-1808
August 20, 2008
Mayor Claude A. "Bud" Lewis
Council Members: Ann Kulchin
Matt Hall
Mark Packard
Julie Nygaard
•</ City Clerk: Lorraine Wood
RE: Drainage Master Plan and Drainage Fees
August 5 and September 9 City Council Meetings
Attached herewith are the documents referred to in our presentation to the City
Council on August 5th. Since there was some confusion as to who had seen these
documents I have reproduced them for your review. We respectfully request this
package be part of the public record for the DMP and Fee hearings currently set for
September 9th.
The documents clearly establish the requirement for BJ Basin as an integral part of
the plan to protect the health and safety of the public (504 homes at Rancho
Carlsbad).
Contents of this package include:
1. Letter dated March 20,2008 sent Mayor Lewis by Bevis and Arnold
2. Errata Sheet dated 1/15/02
3. David Hauser letter dated 12/19/01
4. Engineering analysis of BJ basin-Chang Consultants 10/04/05
5. David Cannon memo dated 12/19/05
6. Excerpt from Rick Engineering Study 7/01/98
7. Master Drainage & Storm Water Quality Plan dated March 1994
8. Master Drainage Plan dated June 1980
Thank you for your consideration of our request.
Sincerely,
Barbara Bevis
President
Owners' Association, Inc.
5200 El Camino Real, Carlsbad, California 92010-7118
Phone: (760) 438-0333 Fax: (760) 438-1808
March 20, 2008
The Honorable Mayor "Bud" Lewis
& Esteemed Councilpersons
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
RE: Drainage Master Plan Update
EIR 04-02 SCH#2006041066
Dear Mr. Mayor & Councilpersons:
In the coming weeks your staff will be scheduling for your review and approval, the Drainage
Master Plan Update that was approved by the Planning Commission on January 16, 2008. This
letter is intended to focus your attention on two separate, but somewhat related issues of
concern, regarding funding in this EIR document that are not we understand in the purview of the
Commission. We had some minor issues that have been addressed and other than funding, we are
pleased to know that the dredging issues of our creeks will be moving toward the final approval
stage and hopefully completion sometime in 2009.
The original approval of Rancho Carlsbad as an owner community in 1998 by City Council
stipulated that we would be subject to the City's Drainage Master Plan and that furthermore, we
would be required to pay a share of the drainage costs $318,000. A lien on our common property
was filed, to be paid back over 10 years with interest. We made our final payment just this past
January. A second stipulation was a "right of way," that was ceded to the City for a future
extension of College Boulevard that would sever our common property, cutting off direct access
to our Parcel #4, the two issues are related to the extent that the highway itself would serve a
dual purpose, as a roadway arterial and as a dam for a flood water detention basin (BJ) to be
constructed on Parcel #4 impacting 7 1/2 acres of the total 11 1/2 acres of that parcel.
The original Rick Engineering study (1998) designed to remove our community from the 100 year
FEMA flood zone called for four such basins, two impacting the Agua Hedionda Creek, one the
Calavera Creek (BJB), and one, Little Encino Creek (BJ). In addition, the streambeds within our
community were to be dredged down to the original design level removing the accumulated silt
that had build up over the years. There were some serious flaws in the dredging plan that became
evident by 2003, and a new study was requested by your staff from the same firm. That revised
study released in December 2004 called for more extensive dredging particularly beyond our
downstream border. This new study now indicated that 260 homes (over 50% of our community)
would be inundated in a 100-year storm event, an increase of 120 homes over the 1998 study.
Please note, this new study still mandated all four basins plus it recognized the planned repairs of
the outlet works at the Lake Calavera Dam and recommended changes in the BJB basin design to
maximize the detention benefit. At no place in this new study was there any mention of changing
the design of the BJ basin or questioning its need. The estimated water flows from the Little
Encino Creek were included in all calculations. You can refer to page 10 of the Rick Engineering
study. On page 17 it again emphasizes the need for all four basins and the repairs and
modifications mentioned above.
The installation of the 84" drainage pipe on the north side of Cannon Road had no net effect on
any of the calculations in the Rick Engineering study of 2004. That pipe replaced the weir
wall/split flow design in both the 1998 and 2004 reports. The use of our north privacy wall as a
quasi dike was a flawed design from the start in our opinion and the opinions of others. The
original design of Cannon Road (reach 3) should have included a drainage system contained within
the highway right of way, instead of conveying all of the Calavera Creek water, plus drainage from
a portion of the Robertson Ranch acreage and the highway itself onto the land below Cannon Road.
The 84" pipe installation however did have a definite impact to the value of the land south of
Cannon Road now owned by McMillin Corporation. It removed the 100-year flood line, which had
bisected that acreage, greatly increasing its potential value. It's ironic that the developer, McMillin,
then obtains financial reimbursement from public drainage funds for his costs. It also impacted
Rancho Carlsbad's plan to utilize a 5.6-acre parcel of that land as a replacement site for our RV
parking and community garden.
When the City approved the EIR for Calavera Hills II and the construction of College Reach-B & C
and Cannon Reach-3 in 2002, it was conditioned that Rancho Carlsbad would be given an option to
acquire acreage south of Cannon Road. The City, McMillin and RCOA's attorney had conducted
extensive negotiations in 2002 that granted us an option for 5.6 acres of the McMillin land
identified as the Option Parcel. The City was to purchase the parcel from McMillin and swap it for
the designed BJ basin site land on our Parcel #4. After the 84" pipe was installed, rumor had it
that McMillin now valued that option land at over one million an acre. We then heard that City
staff had requested a new hydrology study to determine the necessity of the BJ basin. This time
your staff engaged Chang Consultants to do this analysis. Chang had been engaged by McMillin to
do hydrology work as part of their Master Plan commitment for the entire Robertson Ranch
project.
Flood control has always been a high priority for us. We however lost confidence in the City
process and now that the Robertson Ranch project was coming to finalization, we decided to hire
our own expert on hydrology and flood control. A valued resource referred us to a Long Beach
firm, Everest International Consultants. David Cannon, and his associate, Dr. Poon were engaged
to review the above EIR. We also supplied them with all of the previous studies, reports and data.
They also spent an entire day here reviewing the site, walking our streambeds, etc. Their
conclusions in November 2005 were that the entire watershed for both creeks, need an analysis of
existing conditions. Without that analysis no professional could assure that what had been done
and was being planned, provided adequate protection for us. This was conveyed to your staff as
part of our answer to the EIR. Nothing came of it. When we received the Bj basin analysis done
by Chang, we turned it over to David Cannon for his comment.
David Cannon's analysis of the Chang report is very direct and clear to any layman who would read
it. He specifically answers point by point the rational used by Chang to justify eliminating the BJ
basin. Chang used the prior Rick Engineering data in his analysis and that data clearly pointed to
the continued need for the Bj basin. Chang then referred to the 84" pipe installation as a reason.
Again Mr. Cannon pointed to the draft EIR for Robertson Ranch, which Chang analyzed only weeks
before concluding the BJ basin, was still needed, a clear contradiction. Chang then suggests the
lake can be lowered by three feet to a 206.0 elevation, contrary to a level agreed at a prior City
meeting that a conservative assumption would be used at 209.0, because the lake level operation
procedure is not automated. Finally, Mr. Cannon clearly points out, "There are several potential
conflict of interest issues at work here that could affect the objectivity of the analysis."
Hydrology is more art than science, its been said. The dictionary definition reads, "The science of
dealing with the occurrence, circulation, distribution, and properties of the waters of the earth and
its atmosphere." We all know the vagaries of weather predictions. There is a phrase used in all
environmental reports regarding impacts to air, water, fish, wild life and native habitat. It's "less
than significant," meaning no mitigation is required. In our layman's view, we believe that same
approach should be used when evaluating the impact to our community from a flooding potential.
Protection for human safety should not be just enough to avoid disaster, but double the
protection to be most assured we won't be impacted. We don't get that feeling when we review
these documents.
The second concern we have is severance when College Boulevard reach-A is constructed. We
thought that issue was being addressed through the successful negotiations in 2002 to obtain an
option on McMillin's land south of Cannon Road on which to relocate our facilities. Since that time,
we have been asked by David Bentley in Zone 15 to consider a similar sized site adjacent to our
eastern border. This site is preferable to us, as it helps buffer our residential area on the east and
eliminates the need for a bridge. The land itself is just slightly in the 100-year flood zone,
requiring minimal fill, only in the RV parking area.
Mr. Bentley and his partners were planning a residential development on the adjacent acreage of
this parcel to be known as "Dos Colinas." They submitted a C.U.P., which included our relocation
site to your planning department. Prior to that, they successfully obtained approvals from the
only two resource agencies requiring permits, the USF&W and the State Fish & Game. Your
planning department responded generally in favor, but required further changes and clarifications.
They had only minor comments on our relocation site. More recently, the land ownership of the
"Dos Colinas" parcel changed hands. West Senior Living is the new owner. They have plans to
develop this parcel as a senior living complex similar to La Costa Glen Carlsbad. We have met with
the West officials, and have been assured that our relocation site plans will be honored. Although
Mr. Bentley will not be part of the West Senior Living organization, the owner, Gary West is also
the financial partner of Mr. Bentley for the Cantarini/Holly Springs development, who will also be
building the final link of College Blvd. Bob Ladwig, a land-planning consultant to us, and David
Bentley, has been retained in a similar capacity by WSL.
The point of all this information is to demonstrate that acquiring this new relocation site is quite
viable. The good news is, the low cost of this site (in the flood zone) as compared to the McMillin
option parcel. Replacement of our infrastructure is also less (no bridge). The cost to build the BJ
basin remains the same, as does the offer to swap 7 1/2 acres of our land on parcel #4, the
designated site of the BJ basin. We also need to call to your attention, an agreement between the
City of Carlsbad and Rancho Carlsbad that was reached during the negotiations prior to Council's
approval of the combined EIR for Calavera Hills II, the Bridge, Thoroughfare #4, and Detention
Basins BJ & BJB. An Errata Sheet 1-15-1 was attached to this approval. In addition, there was a
letter from a City staff official dated 12/19/2001. Both documents spell out that we are to be
relocated, our infrastructure replaced and at no cost to Rancho Carlsbad other than payment of
the drainage fees (done) and dedication of BJ basin land (promised).
Nothing has really changed other than our relocation site. The new site is more favorable to us,
land acquisition is substantially less, infrastructure cost is less and all parties involved; the City,
McMillin, Bentley, West Senior Living and Rancho Carlsbad should gain a beneficial result, the mark
of fair negotiations.
We now request City Council to do the following:
1. Approve construction of the BJ Basin and fund its cost.
2. Approve purchase of our new relocation site and commit to the replacement of our facilities on
this new site.
3. Establish an appropriate funding mechanism(s) to spread the costs of the relocation in a fair
and equitable manner.
4. To respond to our request in 30 days or prior if the Council vote on this EIR is earlier.
Thank you for your consideration.
Bill Arnold, Chair
Negotiating Committee ;
Enclosures:
Sue Loftin letter 1/15/02 and ERRATA Sheet 1-15-2
Dave Mauser letter 12/19/01 and map
Engineering analysis of BJ basin-Chang Consultants 10/4/05 (items 1,2,3 - appendix not included)
David Cannon memo dated 12/19/05 commenting on Chang analysis of BJ basin 10/4/05
Zone 15 map
Cc: City Council Members (5)
Lisa Hildebrand, interim - City Manager
Glenn Pruim, Public Works Director
Sue Loftin, RCOA Attorney
nrrC
ATTORNEYS AT LAW
An Association of Independent Law Firms
L. SUE LOFTIN THE PLAZA LA JOLLA VILLAGE
sloftinff.loftinlaw.com 4330 LA JOLLA VILLAGE DRIVE, SUITE 330
SAN DIEGO, CALIFORNIA 92122
JASMIN D. FLORES TELEPHONE (858) 535-9380 HUGH McLEAN , OF COUNSEL
jnores@loftinlaw.com FACSIMILE (858)535-9381 (858)481-6861
WRITER'S DIRECT LINE
WEB ADDRESS: (858) 535-9380 CLIENT/MATTER NUMBER
\v\v\v. lawyers, com/loftinlaw.com RCOA-471
January 15, 2002
VIA HAND DELIVERY
The Honorable Mayor "Bud" Lewis
& Esteemed Councilpersons
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: EIR 98-02 - CALAVERA HILLS PHASE II/B; BRIDGE &
THOROUHFARE #4; DETENTION BASINS BJ & BJB AND CT 00-02-
MASTER TENTATIVE MAP FOR CALAVERA HILLS PHASE II (the
"Project")
Hearing Date: January 15,2002
Hearing Time: 6:00 p.m.
ACTION REQUESTED: A Yes vote on the Project, providing the
Conditions of Approval include those conditions as set forth in this
correspondence.
Dear Honorable Mayor "Bud" Lewis & Esteemed Councilpersons:
This correspondence is submitted on behalf of the Rancho Carlsbad Owners' Association,
Inc., a California nonprofit mutual benefit corporation, representing its Members, the individual
owners of Rancho Carlsbad Country Club Estates. The purpose of this correspondence is to
support the above project, providing the following conditions are approved and incorporated into
the resolutions presented for the above referenced Project:
THE LOFTIN FIRM
The Honorable Mayor "Bud" Lewis &
Esteemed Councilpersons
January 15,2002
Page 2 of4
ERRATA SHEET, 1-15-2
Prepared by D. Mauser, as amended by Association
On page 2 of City Council Resolution No. under the section that reads "The
City Council of the City of Carlsbad, California does hereby resolve as follows:" append
the following statements:
4. That condition numbers 31, 38 and 39 imposed by the Planning Commission
in Planning Commission Resolution No. 5117 be revised to read as follows:
31. Prior to issuance of the first building permit for the Calavera Hills Phase II
project ("Project"), the applicant shall cause Owner to enter into a
purchase option agreement with the City of Carlsbad and the Rancho
Carlsbad Owners Association offering the City the option to purchase, at
not more than fair market value, an approximately 5.7 acre parcel of land,
to provide a relocation site for facilities that will either be replaced by or
have the access severed by the construction of College Boulevard Reach
A or Detention Basin BJ(the "Facilities Replacement Area"). The general
location of the Facilities Replacement Area is shown on the Rancho
Carlsbad Exhibit as the location of the Rancho Carlsbad Owners
Association facilities, including the community garden, RV parking lot,
wash area and waste disposal area. The purchase option agreement
shall provide that if the City does not exercise its option to purchase by
January 1, 2010, the Rancho Carlsbad Owners' Association may exercise
the option and purchase the parcel. The sole consideration for this Option
shall be the agreement by Rancho Carlsbad Owners Association to
withdraw its opposition to and formally support the Project at the Planning
Commission and City Council hearing(s), and any other governmental
agency. The "Project" is defined as Calavera Hills Master Plan, Phase II,
Bridge and Thoroughfare District No. 4 and Detention Basins Project. The
agreement shall also provide that the Rancho Carlsbad Owners
Association, with agreement of Owner, may process any and all permits
and applications with the appropriate governmental agencies required for
the implementation of these provisions provided any such permits issued
are conditioned upon the transfer of the parcel. Alternately, the owner may
elect to process the necessary permits and applications to implement
these provisions itself. The agreement shall also provide that if either the
Owner or Rancho Carlsbad Owners' Association are denied by any
approving governmental agency a requested permit necessary for use of
THE LOFTIN FIRM
The Honorable Mayor "Bud" Lewis &
Esteemed Councilpersons
January 15,2002
Page 4 of4
of this parcel of land, generally located between Cannon Road Station 151
and the intersection of College Boulevard and Cannon Road, shall be
deeded or provided by permanent easement to the Rancho Carlsbad
Owners Association at no cost. Deeding or granting of the easement, and
planting and irrigation of the grove parcel shall occur at least 30 days prior
to the opening of Cannon Road Reach 3.
If the conditions as stated above are not adopted as part of the Project approval, then the
Association does NOT support the project and refers the City to its Letter of Obj ections, dated,
December 5, 2001 addressed to Eric Munoz, and incorporating correspondence dated 10-10-01
and objections to Army Corp of Engineers, dated 11-9-01, and filed with the City Clerk, for the
Planning Commissioners consideration.
The Association would like to commend the City Council on its staff, particularly David
Hauser and Eric Munoz, both of whom have worked with the Association in a positive manner
during the Planning Commission process and leading up to the City Council hearings.
L. Sue Loftin, Esq.
LSL:seb
Encl: Three (3): The Rancho Carlsbad Exhibit; Exhibit 1 Robertson Rancho & Letter dated 12-
19-1 from David Hauser
C:Via Email: Client
David Hauser
Eric Munoz
Amy Nefouse, Esq. (Attorney for McMillin)
Brian Millich, for McMillin
December 19, 2001
Sue Loftin
LOFTIN &WARD
4330 La Jolla Village Drive, Suite 330
San Diego, CA 92122
RELOCATION OF RANCHO CARLSBAD MOBILE HOME PARK RV STORAGE AREA,
MAINTENANCE FACILITIES, WASTE DISPOSAL FACILITY, VEHICLE WASH FACLITY
AND COMMUNITY GARDEN (THE "RC AMENITIES")
Pursuant to our telephone conversation earlier today, I have prepared this letter to
memorialize our understanding regarding the future relocation of the Rancho Carlsbad
Mobile Home Park (RCMHP) amenities located on Parcel 4 owned by RCMHP. We
recognize and acknowledge that the future construction of College Boulevard Reach A will
effectively sever the physical access to the RCMHP amenities currently enjoyed by the
residents living within the park. We also recognize and acknowledge that the future
construction of Retention Basin BJ will require relocation of all RCMHP amenities located
within the area of inundation created by Basin BJ including the RV storage area, sewer
disposal site, maintenance facilities and portions of the community garden.
City staff will pursue the goal of collaboratively working with the RCMHP owners, the Zone
15 developers and the McMillin Company towards a solution which includes relocation of the
RV storage area, sewer disposal site, maintenance facilities and community garden onto the
approximately 5.7 acre parcel of land located generally north of the RCMHP property and
south of future Cannon Road Reach 3 as shown on the attached Exhibit 1. The relocation of
these facilities will include planning and design for such facilities, site preparation, provision
of utilities, installation of replacement RCMHP amenities, installation of security fencing,
installation of appropriate pedestrian and vehicular access from RCMHP across Calavera
Creek and processing of any discretionary actions and agency permits.
City staff will also pursue the goal crafting a financial plan for the relocation of said facilities in
such a manner as to not require any financial involvement of the RCMHP over and above
their current obligation for payment of Local Drainage Area "B" fee and RCMHP's dedication
Sue Loftin Letter
Page 2
of the needed land or easements required to construct Basin BJ in exchange for the
relocation benefits generally outlined in this letter. It is the City's further intention to require
establishment an appropriate financing mechanism(s) to spread the costs of the relocation in
a fair and equitable manner in accordance with State law and to require construction of the
relocated RCMHP amenities, including without limitation, access from the existing Lot/Parcel
2 (the Lot/Parcel on which the mobilehomes are located) of RCHOA prior to construction of
Reach A of College Boulevard and Retention Basin BJ.
If you have further questions or comments on this matter, please feel free to give me a
call to discuss.
Respectfully,
David Mauser
Deputy City Engineer
c City Manager
Public Works Director
Community Development Director
Planning Director
Bill Arnold, Rancho Carlsbad Owner's Association
Brian Million, McMillin Development Company
David Bently, Cantarini Ranch
Bob Ladwig, Ladwig Design Group
1-2
2-3
3-4
4-5*
5-6
6-7
7-8
8-9
B-10
10-11
11-12
12-13
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14-15
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DELTA/BEARING
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RADIUS
210.0
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LENGTH
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386.97'
404.31'
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80,79'
253.09'
29.W
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716.66
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* BASIS OF BEARING- COURSE # 16-17 PER
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ROBERTSON RANCH
ADJUSTMENT PLAT 01-13
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AREA)PARCEL B
\ 5.44 ACRES
PARCEL A
PAPCa B
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PLAT OF PORTION OF PARCEL 3 CfTY OF
CARLSBAD ADJUSTMENT PLAT 01-13 BEING
A PORTION OF LOT E OF RANCHO AQUA
HEDIONDA. criY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA PER
MAP #823, RECORDED NOV. 16, 1896
MSI0N MOW, INC
703 PPlOWflfl FttRPOflT flORD
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PHON6 ^60) 438-3182 FflX (760)436-0173
EXHIBIT 1
ROBERTSON
RANCH
1-1074 -12/ia/tn
ENGINEERING ANALYSES
OF
DETENTION BASIN BJ
October 4,2005
Chang
Civil Engineering • Hydrology«Hydraulics ° Sedimentation
P.O. Box 9496
Rancho Santa Fe, CA 92067
(858) 692-0760
-TABLE OF CONTENTS -
Introduction 1
Engineering Analyses 2
Conclusion 3
APPENDIX
A. HEC-1 Analyses
B. 100-Year HEC-RAS Analyses
INTRODUCTION
A primary goal of the Rancho Carlsbad Channel and Basin Project (Project) is to minimize 100-
year inundation of the Rancho Carlsbad Mobile Home Park (RCMHP). An initial task
recommended by the city of Carlsbad's civil engineering consultant, Rick Engineering Company
(Rick), in their 1998 report involved identification of potential detention basin sites upstream of
RCMHP in order to reduce creek flows. Four sites were identified: Detention Basin BJ,
Detention Basin BJB, at Melrose Drive, and at Faraday Avenue. The first two are in the Calavera
Creek watershed and were selected, in part, because they correspond to sedimentation basins
identified in the city of Carlsbad's March 1994, Master Drainage and Storm Water Quality
Management Plan. The basin locations were also selected because they could be created by the
embankments from the Cannon Road and College Boulevard extensions. The last two are in the
Agua Hedionda Creek watershed and were determined based on analyses and review of the
watershed, and consideration of future road extensions. Conceptual-level analyses indicated that
these basins reduced flood inundation in RCMHP. However, additional benefits could be
achieved by channel maintenance to remove sediment and restore the creeks within RCMHP to
their original design. The initial Project essentially recommended these tasks. To date, Detention
Basin BJB has been constructed and the Melrose Drive and Faraday Avenue basins are under
construction.
During the design and permitting phase for some of the original Project improvements,
additional opportunities for reducing flood inundation were realized. The opportunities are as
follows.
1. Updated water quality regulations require new development projects to better utilize
and preserve natural drainages. Rick revised flow routing routines in their analyses
based on the updated regulations, which resulted in lower overall flow rates.
2. Rick performed further hydraulic studies that led to additional recommendations for
Agua Hedionda Creek widening and channelization. Their recommendations will be
implemented and will further lower water surface elevations in Agua Hedionda as
well as Calavera Creek.
3. Proposed restoration and reconstruction of the Calavera Dam outlet structure will
result in additional reduction of the Calavera Creek flow.
4. The new Calavera Dam outlet structure will provide the ability to manage the Lake
Calavera water level to further control and potentially increase flood attenuation.
5. The reduced flow from Lake Calavera will allow modifications to the Detention
Basin BJB outlet facilities, which will reduce downstream flow in Calavera Creek.
6. The 84-inch pipe proposed in Cannon Road will be designed to provide a flow split as
similar as possible to the existing weir wall (500 cubic feet per second north of the
wall and 400 cfs south of the wall), and will simplify floodplain mapping approval by
the Federal Emergency Management Agency.
Due to these additional opportunities, the benefit from construction of the final detention basin,
BJ, was questioned. The early Rick studies were general in nature and did not include a cost-
benefit analysis of Basin BJ. The basin requires relocation of RCMHP's RV parking area, which
presents financial as well as logistical burdens. When the costs of relocating the Rancho
Carlsbad facilities started to become apparent, further analysis was called for. In order to assess
the relative benefit from Detention Basin BJ, this report contains analyses to determine the 100-
year fioodplain impact on RCMHP from removal of the basin.
ENGINEERING ANALYSES
A reasonable baseline condition is Alternative C outlined in Rick's December 18, 2004 report
titled, Rancho Carlsbad Mobile Home Park Alternative Analysis for Agua Hedionda Channel
Maintenance. The report determined Alternative C to be the preferred alternative. As a result, the
improvements associated with Alternative C are being pursued by the city of Carlsbad and
others. Alternative C consists of the Agua Hedionda Creek channel dredging and improvements,
Calavera Dam outlet structure improvements, Faraday and Melrose detention basins, and
Detention Basin BJB outlet structure modifications as discussed above.. Alternative C also
models a conceptual design for Detention Basin BJ. The HEC-RAS hydraulic analysis for
Alternative C is included in Appendix B. kick's tloodplain exhibit is included following this
report text. The exhibit delineates the Alternative C 100-year fioodplain in red. Tables 1 and 2
summarize the modeling parameters and results for Alternative C as well as the additional
alternatives, which are described below.
Alternative C was revised to include the 84-inch pipe since this is currently being designed and
processed. The HEC-1 hydrologic analysis for this revised condition is in Appendix A and the
HEC-RAS hydraulic analysis is in Appendix B. The HEC-RAS summary table and cross-section
plots in Appendix B include both Rick's (REC RC100) and the revised ultimate condition (ULT)
results for easy comparison. Table 2 also compares the 100-year water surface elevations at
selected locations. A comparison reveals that the 100-year floodplains are essentially the same.
In order to analyze the impacts from eliminating Detention Basin BJ, it was removed from the
revised ultimate condition HEC-1 analysis. This additional HEC-1 analysis is included after the
revised analysis in Appendix A. A HEC-RAS analysis was created using the new 100-year flow
rates. The results from this analysis are included in Appendix B. The HEC-RAS summary table
and cross-section plots for this data set are labeled ULTNOBJ. A comparison of the HEC-RAS
ULT and ULTNOBJ results reveals that the 100-year water surface elevations in Agua Hedionda
Creek are at most 0.1 feet higher. This difference primarily occurs downstream of El Camino
Real and has no impact on RCMHP. In fact, a comparison of the ULTNOBJ results with Rick's
Alternative C analysis, REC RC100, revealed no water surface impacts along Agua Hedionda
Creek within RCMHP. Therefore, the Agua Hedionda fioodplain within RCMHP is the same as
that shown on Rick's floodplain exhibit.
A comparison of the Calavera Creek results reveals that the 100-year water surface elevations
have a slight decrease in some locations and increase in others if Detention Basin BJ is removed.
A review of the cross-section plots and topographic mapping shows that none of the increases
will cause the flow to leave the channel banks and inundate additional homes The ultimate result
is that Rick's Alternative C 100-year floodplain delineation essentially represents the floodplain
if Detention Basin B J is removed.
A final analysis (ULTNOBJC) was performed to determine a water level in Lake Calavera that
will generally offset the increased flow rates due to removal of Detention Basin BJ. The previous
analyses assumed a lake level at elevation 209.0 feet prior to the storm event. If the lake level is
lowered, then additional storage and storm attenuation would occur. It was determined that if the
lake level is lowered to 206.5 feet, the 100-year flow rate in most locations would be at or below
the flow rate based on construction of Detention Basin BJ. The HEC-1 analysis is included in
Appendix A and the HEC-RAS analysis is included in Appendix B. The results are also
summarized in Table 2.
CONCLUSION
Engineering analyses have been performed to analyze differences in the 100-year floodplain
within the Rancho Carlsbad Mobile Home Park with and without Detention Basin BJ. These
analyses are based on assumptions and modeling prepared by Rick Engineering Company. The
only revisions made to this modeling were to include the future 84-inch RCP proposed in
Cannon Road, to remove Basin BJ from the analyses, and to revise the water level in Lake
Calavera. No other verification or validation of Rick's assumptions, modeling, or floodplain
delineation was performed. The results show that the 100-year floodplain without Basin BJ is
similar to the Alternative C floodplain delineated by Rick. As a result, removal of Basin BJ will
not cause additional impacts on insurable structures in RCMHP.
David G. Cannon, M.C.E., P.E.
President/Principal Engineer
EVEREST
Memo
Everest International Consultants, Inc.
444 West Ocean Boulevard, Suite 1104
Long Beach, CA 90802
TEL (562) 435-9309 (Direct Line)
(562) 435-9305
FAX (562) 435-9310
David.Cannon @ EverestConsultenls.com
To: Bill Arnold
From: David Cannon, PE
CC:
Date: December 19, 2005
Re: Basin BJ Removal Study - Review
As you requested during the week of December 5, 2005, we have
reviewed the October 4, 2005 study report titled, "Engineering Analyses
of Detention Basin BJ" that was prepared by Chang Consultants
(Chang). Our comments on the study report are provided below.
1. As presented in the report, it appears that Chang used standard
engineering methods and tools in the study, including HEC-1 and
HEC-RAS for hydrologic and hydraulic analyses, respectively.
2. On Page 1, six bullet items are presented to provide background
rationale for the potential removal of Basin BJ from the overall
flood control system developed originally by the Rick Engineering
Company (REC) in 1998. However, in reviewing the prior study
reports prepared by REC as well as the meeting notes/letters from
March 2003 through September 2005 that you provided, I noted
that all of these items were already considered in the latest flood
analyses conducted by REC as reported in the December 13,
2004 REC study report.
3. In the December 13, 2004 REC study, it was concluded that Basin
BJ still provided flood protection for the Rancho Carlsbad Mobile
Home Park (RCMHP) in the form of reduced peak flows and,
consequently, that Basin BJ should still be constructed as part of
the overall flood control system to be undertaken by the City of
Carlsbad (City) to protect the RCMHP from the 100-year flood.
REC staff restated this position during a February 1, 2005
coordination meeting.
4. It appears that the only substantial difference between the
analyses conducted by Chang and REC is that the latest analysis
conducted by Chang included the newly proposed 84" culvert that
is supposed to decrease flows entering RCMHP via Calavera
Creek. Therefore, the crux of the analysis is that the proposed
84" culvert would reduce flood water elevations within the RCMHP
such that Basin BJ is no longer needed. However, the 84" culvert
was proposed as part of the Robertson Ranch Development
Project that was summarized in the recently released Robertson
Ranch Draft EIR (September 2005). In one of the studies
included in the technical appendices presented in the Robertson
Ranch Draft EIR, Chang analyzed the proposed 84" culvert and
concluded that Basin BJ was still needed as part of the overall
flood control system. This suggests that there was a change in
the overall system between September 2005 and October 2005
that is not documented in the study reports or that the analysis
conducted for the Robertson Ranch Draft EIR did not include
effects to the overall flood control system. If the former is true
then the system change should be documented and the analyses
presented in the Robertson Ranch Draft EIR should be updated.
If the later is true then the analysis presented in the Robertson
Ranch Draft EIR should be augmented by including the Basin BJ
engineering analysis. In either case, I think that the Robertson
Ranch Draft EIR should be updated to include information on the
potential impacts associated with removal of Basin BJ from the
overall flood control system. The updated Robertson Ranch Draft
EIR should then be recirculated for public review and comment.
The conclusion in the October 4, 2005 Chang report that Basin BJ
could be eliminated was based primarily on a comparison of flood
water levels with the 84" culvert and without the 84" culvert.
However, prior work conducted by REC indicated that the primary
reason for retaining Basin BJ as part of the overall flood control
system was to reduce peak flows. In the first full paragraph on
Page 3 of the October 4, 2005 Chang report, the issue of peak
flow changes is addressed. It states that providing additional flood
storage by lowering the level of Lake Calavera from 209.0 feet to
206.5 feet would reduce the 100-year flow rate in most locations
to flows equal to or less than the 100-year flow rates that would
occur with construction of Basin BJ. However, it was previously
agreed by the City in a coordination meeting held on February 18,
2004 that flood analyses would be based on a conservative
assumption for operation of Lake Calavera (Water level of 290.0
feet with three valves open) because the water level operation
procedure is not automated.
In reviewing prior studies, I noticed that REC has been the City's
consultant for planning and design of the overall flood control
system while Chang has been the developer's consultant for
project-level flood control issues. There appear to be several
potential conflict of interest issues at work here that could affect
the objectivity of the analyses. For example, in one of Chang's
earlier study reports it was stated that implementation of the 84"
culvert could allow a portion of the land located between the
RCMHP and Cannon Road to be used for residential
development. This potential outcome would represent a potential
conflict of interest for Chang, since Chang is the developer's
consultant and it would be in the developer's best interest to
implement the 84" culvert to allow development of the land
between RCMHP and Cannon Road. From the City's perspective,
as indicated in the latest study report (Chang, October 4, 2005),
construction of Basin BJ could cost the City several million dollars
to acquire land for relocation of facilities owned by the RCMHP.
Elimination of Basin BJ (e.g., through implementation of 84"
culvert) would save the City a few million dollars, thereby
representing a potential conflict of interest for the City. For these
reasons, any analysis regarding the adequacy of the overall flood
control system should be conducted by the City. In addition, given
the City's potential conflict of interest position, all work should be
peer reviewed by a consultant or academic working directly for the
RCMHP to make sure that the interests of the RCMHP are
adequately considered. At a minimum, REC should conduct a
peer review of this analysis on behalf of the City and REC should
provide written review comments to the City. A copy of the written
review comments should be provided to RCMHP for review and
comment.
In the conclusions section of the October 4, 2005 Chang report
(Page 3), it is stated that, "These analyses are based on
assumptions and modeling prepared by Rick Engineering
Company... No other verification or validation of Rick's
assumptions, modeling, or floodplain delineation was performed."
Given the nature of the hydrologic and hydraulic system, the
analyses cannot be conducted in a piecemeal fashion as appears
to be the case from this statement. One analysis of the entire
system needs to be conducted by one consultant/agency with
responsible charge for the overall flood control system. This work
should be done with adequate levels of review conducted on
behalf of all relevant stakeholders (e.g., RCMHP and Robertson
Ranch Developer).
Owners' Association, Inc.
5200 El Camino Real, Carlsbad, California 92008
Phone: (760) 438-0333 Fax: (760) 438-1 808
December 22, 2005
Mr Glenn Pruim, Public Works Director
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
RE: Rancho Carlsbad Flood Control
Dear Glenn,
Attached is a 12/19/05 memo from our Consultant Engineer David Cannon addressing the BJ
Detention Basin Analysis done by Chang Consultants dated October 4, 2005.
You will note he takes issue with some of the conclusions in this report, therefore, we believe it
would be timely for us to have a meeting with you and your staff as well as a Rick Engineering
representative. David would prefer that McMillins consultant not be present at this meeting.
He has suggested any day the week of January 9th. His associate Dr. Poon would also attend.
We hope such a meeting can be arranged and look forward to your response.
Very Truly Yours,
Bill Arnold, Presided
cc: Ray Patchett, City Manager
LOCAL FACILITIES MANAGEMENT
PLAN AMENDMENT
ZONE 15
NOTE:
TOIS ASSESSOR PARCEL MAP WITH LFMP ZONE PARCELS PLUS TOPO IS COMPILED USING
DATA OBTAINED FROM THE CITY OF CAULSBAO ON S/17/02. CONSTRAINTS DATA IDENTinED
IN THE ZONE 15 AMENDMENT WAS BTHER OBTAINED FROM PREVIOUS ZONE 15 PLAN OR
WAS CALCULATED fHOM NEW AERIAL TOPO AND FIELD SURVEYS FOR THE CANTARINI, HOLLT
SPRINGS, RANCHO CARLSBAD PARTNERS, RANCHO CARLSBAD OWNER ASSOCIATION, AND
LUBUNER PROPERTIES.
//OCEMJ&IDE
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Furthermore, the following road embankments were identified as potential existing detention
facilities: Business Park Drive (south of Park Center Drive), Sycamore Avenue (north of Grand
Avenue), Shadowridge Drive (north of Antiqua Drive), Melrose Drive (north of Cannon Road), and
Melrose Drive (south of Aspen Way). As-built plans for these road crossings were obtained from
the appropriate agencies. The culverts and storage capacities of the Sycamore Avenue, Shadowridge
Drive, and Melrose Drive (Cannon Road) facilities were modeled in the hydrologic analyses. The
Business Park Drive and Melrose Drive (Aspen Way) crossings were not modeled because the
culverts at these locations are large enough to convey most of the upstream flows with minimal
detention.
Two main criteria were considered in selecting potential proposed detention basin sites.
First, the facilities listed in the Master Drainage Plan were considered. Second, existing or proposed
road crossings were considered. Detention basin construction at road crossings provides several /(
benefits. Road crossings create a natural location for detention. They are cost-effective because the
road embankment is used for detention. They do not create a significant increase in environmental
impacts.
The above-mentioned sub-basins and detention facilities were modeled in the HEC-1
program. The program parameters include sub-basin area, rainfall distribution, lag time, and curve
number. These parameters were determined as follows: The sub-basin area was obtained from the
USGS watershed boundary map. The rainfall distribution was based on storm duration and
frequency, as well as the sub-basin's geographic location. The lag time was based on sub-basin
characteristics such as topography, basin shape, vegetative cover, existing development, and storm
duration. Both rainfall distribution and lag time were generated by utilizing the criteria outlined in
Prepared By: . I DCB:MDL:ernn/Report/J-13182.001
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CHAPTER 1
EXECUTIVE SUMMARY
A. Goals and Objectives
This Master Drainage and Storm Water Quality Management Plan was commissioned by City Council in
February of 1988. The purpose of the plan was to:
1. Reassess the storm drainage facility needs of the City and to update the 1980 Master Drainage
Plan.
2. Incorporate the drainage facility needs of the southern part of the City which were formerly
included in the County's Zone 1 Flood Control District.
3. Establish drainage facility costs, analyze viability of existing planned local drainage (PLD) fee
areas, recommend changes to existing PLD fee areas, establish new PLD fee areas for the southern
city area, allocate costs in accord withState Map Act and AB1600 requirements and establishnew
PLD area fees.
4. Provide new topographic mapping of the entire City at two foot contour intervals on printed
mylar sheets and in digital format compatible with our new Geographic Information System (GIS)
on computer.
5. Field review existing facilities for conformity with file plans and make recommendations on
facility maintenance needs.
6. Review the siltation and water quality requirements of the City and make recommendations for
additional measures to protect our sensitive riparian waterways and lagoons.
Over the course of preparing the Master Plan, the Federal Government implemented new regulations
which mandated strict water quality control requirements. These new water quality regulations signifi-
cantly altered the focus of the Master Drainage Plan. Whereas previous master drainage plan studies
focused on storm water flood control measures, the new regulations shifted the focus to preservation and
enhancement of storm water quality. This shift resulted in a significant re-evaluation of our previous
Planned Local Drainage area fee concept. As a result, the numerous localized PLD fee areas were
combined into four large PLD fee areas which coincide with the four drainage basins within the City. This
reflects the Federal Government emphasis on preserving and protecting the water quality of receiving
waters and not just of a few localized basins. In light of this new focus the title of this report was changed
from Master Drainage Plan to Master Drainage and Storm Water Quality Management Plan.
Master Drainage and Storm Water Quality Management Plan Chapter 1
Carlsbad. California, March 1994 Page 1
i
The 100 year peak flows previously established for major creeks in the City of Carlsbad have been analyzed I
for usage in the Master Drainage Plan Study as follows.
a) BUENA VISTA CREEK - The 100 year peak flows have been established in the Special Flood Plain |
Delineation Study. February 1978 by Nolte and Associates. The flow rates to be used in Master Drainage
Plan are adopted from the 1978 Nolte study. |
b) AGUA HEDIONDA CREEK - The 100 year peak flows have been established in the Special Flood
Plain Delineation Study by Nolte and Associates in February 1978. I
A Hydrological Study was conducted for Northeastern Carlsbad by Dr. Howard H. Chang in July 1989.
The flow rates used in the Master Drainage plan assumed the discharges listed in the Nolte 1978 study •
for the reach upstream of the confluence point east of Oak Lake and the results of the Chang 1989 study
downstream of the above mentioned point. The flows in the two studies vary by approximately 10%. I
t '
c) SANMARCOS CREEK- The 100 year peak flows have been established in the Flood Plain Information ^
Study. April, 1971 by the U.S. Army Corps of Engineers, Los Angeles District. These flow rates have |
been adopted by FEMA for the Federal Insurance Study for San Marcos Creek within the City of San
Marcos. Corps of Engineers peak flows and inundation limits for the 100 year flow have also been used |
without modification for the determination of adequacy of existing structures in the Comprehensive Plan |
for Flood Control and Drainage - Zone 1, San Diego County Flood Control District by Koebig,
Incorporated in July 1976. H
A hydrologic analysis by Boyle Engineering Corporation in July 1988 on the east branch of San Marcos
Creek generally confirmed the U.S. Army Corps of Engineers flow rates. I
Results of another hydrologic analysis by Willdan Associates in August 1988, for the San Marcos Creek —
Flood Control Improvement Project on the main branch of San Marcos Creek upstream of Lake San I
Marcos, were within 10 to IS percent of those values in the Corps of Engineers study. The actual design
discharge values utilized for the flood control channel hydraulics, at the direction of the City of San Marcos, ^
were the values from the Corps of Engineers study. J
The 100 year flow rates to be used in the Master Drainage Plan for San Marcos will be adopted from the Bi
Corps of Engineers study as follows: |
At mouth into Pacific Ocean 5,000 CFS Mj
Upstream from El Camino Real 12,000
Upstream from Rancho Santa Fe 13,000
d) ENCDSHTAS CREEK - The 100 year peak flows were established by the U. S. Army Corps of |
Engineers, Los Angeles District in April 1971. Koebig, Incorporated developed peak flow rates for the
Encinitas Creek basin in the July 1976 Comprehensive Plan for Flood Control and Drainage -Zone 1, San m
1
Chapter 3 Master Drainage and Storm Water Quality Management Plan
Page 16 Carlsbad, California, March 1994 1
I
Facility BFB
North of Tamarack Avenue immediately east of El Camino Real, where channel velocities exceed 6 feet
per second, an enhanced natural channel has been proposed. Drainage east and west of El Camino Real a
from Chestnut to Tamarack currently drains into an earthen channel and undeveloped lot at the southeast I
corner of El Camino Real and Tamarack Avenue. A 48" RCP pipe is proposed to route this water to line
BF north of sedimentation basin BF1. B
Fadllty BG
El Camino Real opposite the Rancho Carlsbad Mobile Home Park.
FaciUty BH I
These 36", 57" and 72" RCP lines are proposed to carry drainage from an area designated for residential •
development south and west of Carlsbad Village Drive and future College Boulevard south to Agua
Hedionda Creek just north El Camino Real and future Cannon Road. The facilities include a 10,600 cubic a
yard sedimentation basin just prior to discharge into Agua Hedionda Creek. I
This line travels along future Cannon Road through an area zoned for residential development. It begins
at the City of Carlsbad boundary and carries water from existing lines in the City of Oceanside's Leisure g
Village south and west to Agua Hedionda Creek just west of Rancho Carlsbad Mobile Home Park. It I
begins as large (63" and 66") RCP and becomes an enhanced natural channel as it is joined by various branch
lines. A sedimentation basin is proposed immediately upstream of Rancho Carlsbad Mobile Park, From |
this point, an 80 toot wide earthen channel is proposed to carry drainage to Agua Hedionda Creek. The '
. City of Carlsbad does not choose to construct a narrower concrete channel in this area. It is possible that
detailed design studies using other methods could determine a narrower section for this earthen channel. I
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Facility BJA ^
This is a 33" RCP line carrying drainage along the future College Boulevard to the enhanced natural
channel of line BJ. . »
Facility BJB
An enhanced natural channel carries drainage through a portion of an area designated for residential I
development to a proposed sedimentation basin northeast of future Cannon Road and College Boulevard.
This proposed sedimentation basin drains into an earthen channel of line B J. I
Facilities BJBA, BJBB & BJBC
Potential remedial work has been estimated in these open space zoned areas south of Calavera Lake where
natural channel flow velocities exceed 6 feet per second.
Appendix A Master Drainage and Storm Water Quality Management Plan
Page 82 Carlsbad, California, March 1994 •
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LEGEND
Existing Storm Drain
Proposed Storm DrainProposed Storm D
Facility Designation
Watershed Divide
f'-aoO' Scale Map Index
Proposed Drainage DlstricProposed Debris Basin
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MERLE J. BEVIS JR.
BARBARA S.BEVIS
3431 Don Alberto Drive
Carlsbad, CA 92010
August 29, 2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and City Council Members:
We are at a loss as to how the City in 2002 made promises and agreements
to Rancho Carlsbad and then in 2008 you are breaking these promises.
We, along with all the residents in Rancho Carlsbad, have followed the
issues under discussion and believed that the City was working with us on
solving these problems.
This is a health and safety issue for Rancho Carlsbad. The BJ Basin is
something we have been fighting for - to get flood control and remove
homes in our community from the 100 year flood zone map.
The City must commit to the funding of acquiring Rancho Carlsbad land for
the BJ Basin and relocating our RV Parking, Community Garden and
Maintenance and Landscaping facilities.
At the September 9th Council meeting we hope you will put funding into the
Drainage Master Plan and Fee Program to cover Rancho Carlsbad's past and
future expenses in connection with the pending relocation.
Thank you for your consideration,
\. Beyjs, Jr.
Jarbara S. Bevis
&.&:<r
MERLE J. BEVIS JR.
BARBARA S. BEVIS
3431 Don Alberto Drive
Carlsbad, CA 92010
August 29, 2008
Mayor Lewis and Council Members
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis and City Council Members:
We are at a loss as to how the City in 2002 made promises and agreements
to Rancho Carlsbad and then in 2008 you are breaking these promises.
We, along with all the residents in Rancho Carlsbad, have followed the
issues under discussion and believed that the City was working with us on
solving these problems.
This is a health and safety issue for Rancho Carlsbad. The BJ Basin is
something we have been fighting for - to get flood control and remove
homes in our community from the 100 year flood zone map.
The City must commit to the funding of acquiring Rancho Carlsbad land for
the BJ Basin and relocating our RV Parking, Community Garden and
Maintenance and Landscaping facilities.
At the September 9th Council meeting we hope you will put funding into the
Drainage Master Plan and Fee Program to cover Rancho Carlsbad's past and
future expenses in connection with the pending relocation.
Thank you for your consideration,
r. Beyis, Jr.
_„ _ . - 'C*C- fJ • <tj*&
Barbara S. Bevis
C