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HomeMy WebLinkAbout1987-08-17; Parks & Recreation Commission; MinutesMINUTES r MELTING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: PARKS <S RECREATION COMMISSION August 17, 1987 5:00 p.m. City Council Chambers COMMISSIONERS CALL TO ORDER: Chairperson Donovan called the Meeting to order at 5:01 p.m. ROLL CALL: Present - Commissioners Donovan, Castner, Lawson, Morrison and Popovlch. Absent - Commissioners Dahlquist and Welshons. Staff Present: Dave Bradstreet, Director, Parks 4 Recreation Keith Beverly, Management Analyst Doug Duncanson, Parks Superintendent Chairperson Donovan introduced Dr. David Castner, the newly appointed Commissioner, and stated Commissioner Morrison had been re-appointed to the Commission. PUBLIC OPEN FORUM: 3im Smith, 6725 Russelia Court, President of the Carlsbad Golf Association, addressed the Commission, distributing copies of the Association booklet to the Commissioners. Mr. Smith stated there are *10 members of this association and the purpose is spelled out in the by-laws. Mr. Smith stated the Golf Association hopes to have a golf course in Carlsbad soon. The site proposed at El Camino Real and Palomar Airport Road is an agenda item before the County to determine whether a feasibility study should be made. If this site is not acceptable, Mr. Smith stated Macario Canyon should be considered. Mr. Smith stated there are *,000 golfers in Carlsbad, with 30 percent of them over the age of 65. The Golf Association will give this Commission and the City Council all the support necessary to achieve a municipal golf course In the City of Carlsbad. APPROVAL OF MINUTES: The Minutes of the 3uly 20, 1987, Meeting could not be approved, due to a lack of majority. They will be held over until the September Meeting. APPROVAL OF AGENDA: The Agenda was approved as presented. APPOINT SCRIBE: Commissioner Morrison was appointed Scribe for this meeting. - MINUTES Page 2 August 17. 1987 COMMISSIONERS PRESENTATION: Mayor Lewis introduced Rick Brown, the new Coach for Carlsbad Hlqh School Football. UNFINISHED BUSINESS: A. Scribe Report There was no reply to the Scribe Report sent to Council Members last month. B. Joint Use Agreement Keith Beverly reported this item had been held until this month for action, due to a lack of quorum at the previous meeting. He gave a brief summary of the agreement between the City of Carlsbad and the Carlsbad Unified School District, which will include Hope Elementary School. Dave Bradstreet stated the School District wants the City to maintain the area they feel is being used by outside groups. Chairperson Donovan asked what the additional amount of money was to maintain, and whether that was included in the budget. Staff indicated it was not included in the budget, and they would have to cut maintenance in other areas. Staff also Indicated they recommended keeping the maintenance areas equal in size. Parks 4 Recreation Commission approved the Hope School/Joint Use Agreement as presented. Chairperson Donovan opposed the Agreement, as she felt the maintenance should be equally divided between the School District and the City. C. Local Facility Zone Plan Dave Bradstreet gave the report, stating August 4>, 1987, Council referred the issue of an industrial fee for park facilities to the Parks & Recreation Commission for further evaluation. Mr. Bradstreet requested the Chairperson appoint two Members to represent the Commission at a sub- committee level. This sub-committee would be the Park'-Site & Facilities Planning Committee. Commissioners Dahlquist and Popovich will represent the Commission on this sub-committee. Commissioner Lawson will be the alternate. Donovan Castner Lawson Morrison Popovich MINUTES Page 3 17,COMMISSIONERS Olm Smith, representing the Carlsbad Golf Association, stated that Association would like to have input on this item. They would recommend if monies are approved, that a golf course be constructed within Zone 5. Commissioner Lawson stated it was important that representatives from outside Zone 5 be included in the meetings of the sub-committee. He felt the consideration of the industrial fee should be City- wide, and that should be researched by the sub- committee. Chairperson Donovan stated the representatives on the sub-committee should be those with financial Impact. Commissioner Morrison commented anyone interested in giving input should be present at the meeting and speak before the sub-committee. D. Recreational Use of Cadencla Park Dave Bradstreet reported the committee had worked very had to come up with an agreement to meet all concerns. He recommended the agreement be approved by the Commission. Parks 4 Recreation Commission approved the agreement for recreational use of Cadencia Park, as presented. Dave Bradstreet reported work orders will be sent out to make Cadencia into a Park. Additional playground equipment will be installed, tables and barbeques. The Commission expressed the desire to visit the Park as a Commission. Andy Anderson expressed his appreciation to the Parks & Recreation Department and the Commissioners who worked many long hours to bring about this agreement. NEW BUSINESS; A. Public Access to Board and Commission Meetings Dave Bradstreet stated he placed this Item on the Agenda inasmuch as Council had passed an Ordinance requiring all meetings be open to the public. B. Arts Commission/Historic Site Commission Request Chairperson Donovan asked for a volunteer to serve on a sub-committee involved with an Amphitheatre Study and one on a Historic Preservation sub-committee to develop a plan for the Carrlllo Ranch. Commissioner Morrison will serve on the Amphitheatre Study Committee and Commissioner Popovich will serve on the Historic Site Commission Committee to develop a plan for Carrillo Ranch. Donovan Castner Lawson Morrison Popovich MINUTES Page 17- 1987 COMMISSIONERS C. Offer to Dedicate Mini-Park Dave Bradstreet reported the Colony at Calavera Hills had offered to dedicate a mini-park adjacent to Calavera Hills Community Park. In answer to Commission query as to the cost to maintain this park, Mr. Bradstreet answered it would cost $10,000 a year. The Commissioners agreed this park would have little value to the City at this time. Commissioner Lawson stated there will be more pieces of property similar to this one, and he felt the Commission needed to make a strong stand now and put out the statement that this type of request must go through the Planning Department. This Commission does not want other projects to present such requests to them. Parks & Recreation Commission refused the offer of The Colony at Calavera Hills to dedicate a mini-park to the City at this time. D. Location of Future Commission Meetings Chairperson Donovan stated she would like to see perhaps three meetings at Stagecoach or Levante. The consensus of the Commission was to set Parks & Recreation Commission meetings at Council Chambers, unless there is some special item involving some particular section of the City. The Sub-committee meetings could be held in different locations, with the public invited to attend those. The suggestion was made to have the La Costan newspaper set aside a section of the paper to let the people know what the Parks A Recreation Commission is doing. Mr. Bradstreet stated he would contact the newspaper. AGENDA ITEMS FOR SEPTEMBER PARKS & RECREATION COMMISSION; Dave Bradstreet stated a special meeting may be called to consider Zone 5. The September agenda will contain an update of the CIP; also the tennis courts at the high school and the Indoor soccer courts. SCRIBE REPORT: Commissioner Morrison gave the Scribe Report. The suggestion was made to include the Agenda with the Scribe report, giving a brief summary of the items. Donovan Castner Lawson Morrison Popovich MINUTES COMMISSIONERS Page 5 August 17, 1987 Dave Bradstreet announced the next meeting of the Parks A Recreation Commission would be September 15, 1987. ADJOURNMENT: By proper motion, the Meeting of August 17, 1987, was adjourned at 6:29 p.m. Respectfully submitted,^--— Harriett Minutes Clerk September 14, 1987 TO: PARKS AND RECREATION COMMISSION FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR STATUS OF THE ALTA MIRA PARK ACQUISITION BACKGROUND On August 12, 1986 Sanunis Properties (Sairanis), agreed to dedicate up front 10 acres of usable park land, off site, to be determined by the Parks and Recreation Department, for community park purposes. The land dedication is to take place prior to final map approval of Phase II or Phase III, or the occupancy of any building within the Batiquitos Lagoon Educational park or whichever access comes first. In September 1986 the Parks and Recreation Commission toured several potential park sites in the southwest quadrant of the City. At their September meeting the Commission unanimously voted to actively pursue the acquisition of land adjacent to the City owned 12 acre Alta Mira Park (the 30 acre Sherman Property parcel), 10 acres to be acquired by the Sammis group and an additional 10 acres to be purchased by the City. Since September of 1986 staff has been working with Sanunis in the purchase of the Sherman parcel. In addition, staff has proposed in the 1987-88 Capitol Improvement Program (C.I.P.) that funds be allocated from P.I.L. fees to purchase another 10 acres adjacent to the Alta Mira site and the Sammis proposed acquisition. The C.I.P. is presently going through the review process and its anticipated final Council approval will be in late September. ACTIONS TO DATE The City notified the Sherman Broker, Bev Southers, of their intent to purchase 10 acres of the Sherman parcel (letter dated June 29, 1987) Sammis put on notice to notify the City as to the disposition of the Sherman park land acquisition (memo dated July 14, 1987). Sammis Broker, Jim Hicks sent City correspondence outlining Sammis efforts in purchasing the Sherman parcel (letter dated July 27, 1986). Sammis informed City that they have attempted to purchase the Sherman parcel for park purposes and were informed the parcel is not for sale as it is in escrow. Sammis is now waiting direction from the City on what is the next step (letter dated August 7, 1987). Bev Southers representing the Sherman parcel indicated in writing to the City that the subject parcel is currently in escrow (letter dated August 17, 1987). ATTACHMENT "B1 September 14, 1987 Parks and Recreation Commission Page Two Comp of land values have been obtained from Dick Fuller who was hired by the City to adjust the P.I.L. land easements (material dated 9/11/87) . DISCUSSION According to the Parks agreement (outlined on page (7) of the agreement), if Sammis is unable to acquire the land necessary to fulfill its obligations the City will use its power of eminent domain to acquire necessary property interest. Sammis is to bear all expenses, cost, fees and charges including land cost, attorneys, engineers, appraisers fees etc., in the preparation and prosecution of the eminent domain proceedings. In reviewing the various alternative parks sites in the southwest quadrant that compliments the existing 12 acre Alta Mira park site, the Sherman parcel is the only land that is immediately adjacent and meets the service ratio requirements of the quadrant. Staff feels the only recourse at this time is to condemn 20 acres of the 30 acre Sherman parcel for community park purposes. RECOMMENDATION Direct staff to prepare an Agenda Bill outlining the status of the Alta Mira/Sammis Park Acquisition and recommend to the City Council that the eminent domain, process begin immejii ately-. Attachments c: Ray Patchett, City Manager Vince Biondo, City Attorney Marty Orenyak, Community Development Director Mike Holzmiller, Planning Director ^IIP$» PARK ZONE STATUS 4-APPROVED 5-APPROVED 9-PENDINQ 18-ACCEPTED 20-UNDER REVIEW 21-INITIAL DRAFT STAGE 22-INITIAL DRAFT STAGE 23-INITIAL DRAFT STAGE IP oo T 2 I a*/t zzis v«/ ZKv ft* H JTD sA*./^^ MA t**33» '»><* iffw»- M» i Z,' ericf zeTJHO QIC VTB ?39NVHO o o G: ^C3LL. r— LkJQ: <r(-J >—^ u of I*r 0 a-o: *- oo1 c/i- Orxi QC a:O ;•Q. _ / f' • .?<•; i z 1200 ELM AVENUE ^^y M CARLSBAD, CA 92008-1989 • >^^ • =-:=MCNE €itp of Carlsbafc & RECREATION DEPARTMENT June 29, 1987 Bev Southers P.O. Box 1787 Carlsbad, CA 92008 SHERMAN PROPERTY In following up on our phone conversation last week, che intent of this letter is to indicate that the City is interested in purchasing ten (10) acres of the parcel owned by Mr. Sherman for a community "park. In addition, the Saimnis Group (Batiquitos Lagoon Educational Park) as a condition of approval of their project is to also purchase ten ('10) acres of the Sherman property for a grant total of twenty (20) acres to be used as a part of the Alta Mira Community Park. The Sammis Group, as I understand, has been negotiating with you for some time and is or has made an offer of purchase. When the City approves their 1987-88 Capital Improvement Program, hopefully funds will be budgeted for the Sammis ten (10) acre acquistion. The Parks and Recreation Commission has identified the Sherman parcel as the location of the SW quadrant community park, which is located adjacent to the twelve (12) acre City-owned Alta Mira park site. The City is presently in the process of acquiring land sale comps in the SW quadrant area and will have this information in a couple of weeks. I also understand that the Sherman parcel is subject to the agriculture subsidy program. I would like to meet with you to discuss this proposal further at your convenience. Call me at 434-2824. Sincerely, DAVID BRADSTKEET Director DB:lt c: Ray Patchett, Acting City Manager 1200 ELM AVENUE CARLSBAD. CA 92008-1989 (Uttg of & RECREATION DEPARTMENT July 14, 1987 Roger Anderson Sammis Properties 2650 Camino Del Rio North #100 San Diego, California 92108 SAMMIS PARK AGREEMENT (10 ACRE COMMUNITY PARK ACQUISITION) As a follow up of our meeting on June 2, 1987 with Jim Hicks regarding the Sammis Parks Agreement and a meeting I had with Bev Southers, representing the Sherman Properties, on July 13, 1987 I believe it is imperative that we meet once again to discuss the Sammis Park Acquisition requirement and the Community Park adequacy in the Southwest quadrant. It was my understanding that various representatives of Sammis have been talking to Bev Southers for sometime, and that an offer for the purchase of the 30 acre parcel has been made. According to Bev Southers on July 13, 1987 the property is tied up in escrow and that there is a back up offer; none of them are with Sammis. My meeting with Bev Southers on July 13, 1987 was to indicate to her and her buyer that the City has been and still is interested in the purchase of 10 acres of the Sherman parcel to augment the Sammis 10 acre purchase and the 12 acre Alta Mira City owned park site for a total 32 acre community park that would satisfy the park requirement in the Southeast quadrant. Bev Southers will be sending me a letter stating that the parcel is not for sale as it is tied up in escrow. In the parks agreement signed on August 12, 1986, Sammis volunteered and is obligated as a condition of the Master Plan, to dedicate up front, 10 acres of usable parkland, off site, if required, for community park purposes. This land dedication is to take place prior to final map of Phases II or III or the occupancy of any buildings within the_ Batiquitos Lagoon Educational park or which ever occurs first. Roger Anderson July 14, 1987 Page 2 Other conditions of the park agreement and the Growth Management Program that need to be recognized are: A. A Park Master Plan is required. B. Parkland requirement for the Southwest quadrant may increase based on current population figures. C. The parkland dedicated shall have access to dedicated streets and utilities. D. Prior to City accepting dedicated parkland, Sammis is to provide reports pertaining to geological, geographical environmental hydrological, ecological agricultured subsidy etc. As I understand the Growth Management program, if a developer has not satisfied the quadrant parks requirement, no approvals for development will be given by the City or existing approvals may not proceed. If it is a fact that the Sherman parcel is sold, you must meet with City officials to resolve the park issue as soon as possible, I suggest you go over the attached letters and agreements and I will be happy to meet with you at your convenience to resolve the Southwest quadrant park deficiency. DAVID BRADSTREET Parks and Recreation Director DB: pa Ray Patchett, Acting City Manager Vince Biondo, City Attorney Marty Orenyak, Community Development Director Mike Holzmiller, Planning Director Jim Hicks, Realtor Attachments 1200 ELM AVENUE CARLSSAD, CA 92008-1989 Citp of Cartebab PARKS & RECREATION DEPARTMENT June 29, 1987 Bev Southers P.O. Box 1787 Carlsbad, CA 92008 SHERMAN PROPERTY In following up on our phone conversation last week, the intent of this letter is to indicate that the City is interested in purchasing ten (10) acres of the parcel owned by Mr. Sherman for a community 'park. In addition, the Sammis Group (Batiquitos Lagoon Educational Park) as a condition of approval of their project is to also purchase ten (10) acres of the Sherman property for a grant total of twenty (20) acres to be used as a part of the Alta Mira Community Park. The Sammis Group, as I understand, has been negotiating with you for some time and is or has made an offer of purchase. When the City approves their 1987-88 Capital Improvement Program, hopefully funds will be budgeted for the Sammis ten (10) acre acquistion. The Parks and Recreation Commission has identified the Sherman parcel as the location of the SW quadrant community park, which is located adjacent to the twelve (12) acre City-owned Alta Mira park site. The City is presently in the process of acquiring land sale comps in the SW quadrant area and will have this information in a couple of weeks. I also understand that the Sherman parcel is subject to the agriculture subsidy program. I would like to meet with you to discuss this proposal further at your convenience. Call me at 434-2824. Sincerely, DAVID BRADSTREET Director DB:lt c: Ray Patchett, Acting City Manager I . .. ' 1 ' 3) "this project is approved upon the express condition that building permits will not be issued for development of tne 2 . subject property unless the City Engineer determines that sewer facilities are available at the time of application :~ 3 such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final 4 rcap. 5 4) This project is also approved under the express condition tn- the applicant pay the public facilities fee adopted by tne 6 City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 2' . 30 -- 7 the Carlsbad Municipal Code to implement the growth ir.an aae-e- system and to fulfill the subdivider's agreement to pay -.-.-? 8 public facilities fee dated July 9, 1986 a copy of which 13 : file with the City Cleric and is incorporated by this refere.-.r 9 and to fulfill the requirements of the agreement to pay fees .i for facilities and improvements as required by the Growth 10 ; Management System. If the fees are not paid this application will not be consistent with the General Plan and approval for 11 this project shall be void. 12 5 ) /-The developer shall pay park fees pursuant to City i Standards. In lieu of the required park fees, the City 13 : {council may require the developer to dedicate land offsite yftf J or make offsite improvements for park purposes. If the City 14 1 Council so determines prior to the occupancy of any units in /this project, the applicant and the City shall enter into a 15 (_parks agreement as required by the Master Plan. 16 6) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit 17 application. These fees shall be based on the fee schedule in effect at the time of building permit application. 13 7) The applicant shall comply with all provisions of the 19 Carlsbad Municipal Code Section 21 . 90 .030(g ) (Growth Management System). No residential building permits shall -e 20 issued until all Growth Management plans have been prepared to the satisfaction of the City Council. 21 8) Approval of this request shall not excuse compliance witn tne 22 Batiquitos Lagoon Educational Park Master Plan, all sections of the Zoning Ordinance and all other applicable City 23 ordinances in effect at time of building permit issuance. 24 9 ) water shall be provided to this project pursuant to the Water Service agreem&nt between the City of Carlsbad and the Costa 25 Real Water District, dated May 25, 1983. 25 //// 27 //// 23 PC RESO NO. 2557 -4- October 2, 1986 TO: DAVID HAUSER, ASSISTANT CITY ENGINEER FROM: DAVID BRADSTREET, PARKS & RECREATION ACCESS ANALYSIS - ALTA MIRA PARK SITE A recent parks agreement requires Sammis Development Company to dedicate 10 acres of land in order to fulfill their parks require- ment for development. After analysis by City staff and the Parks and Recreation Commis- sion, it has been recommended that the 10 acres of land be purchase; adjacent to the existing Alta Mira Park Site. Staff is also pursuing the possibility of acquiring an additional 10 acres which would bring the total accumulated park site acres to 32. In order to further determine the feasibility of this site for a community park, I am requesting that the Engineering Department perform a detailed access analysis to the Alta Mira site. From an engineering standpoint, our department is unaware of ingress and egress, gradients and associated requirements relevant to this proposed site. Your cooperation in mapping out the most advantageous point of access would be greatly appreciated. If I can be of assistance to you in this matter, please do not hesitate to call. Attachment: DD:hlj c: Ray Patchett, Asst. City Manager 0 \RLSB •• VD T K> A C rr NO 79 -?v. -JL. .». -a. i. _«_J K^ ji_> _A. A. A-^ -M. «.\j.a.\_ a. i. X V. ' • t «^ «M ^ " '"'""'.-*.' 1C ('JV1.-..'VJ/7,*- t"f\"i7^j;i itj'fc .1 <•"\\-cr / A~. / / .V 1 ' ' r* * .*' *' *?jf / , ^-y^^c;":^' v^x^^""'';\^NA-j •r.—.-v-.-r.$?/ ,i "' v<;>^ «-.\•-. ^v\^-^.-.» --X- -," >.<->.;.'~^'*i'r'fl ^•a.^1 '^.& \>\ V\x .jceso* \V •^ • ^ A/T C %^=\^\ *a» ->^\^>>-^>v'8) \x ^"^VW. ^S l^'t, \ *-* -, ^ "-\ "^_W^%,\x \ ^ s*O1^^^.•^ : TRACT SET' -JNO. 72 >^vo N\\\T MAP TO ILLUSTRATE LEGAL OF LOT ff OF TRACT NO. 7?- 2* TO u* *— ^ \ >^*»Vk •i'i.VvV T^s IMOICATE5 LOT 1.2. x/-» ///// // ~~^Jr-O^or^ J CAMINITO ESTRADA- - ^v^;^^^» ^x. ^S-S ~~~/w. ] ^^^o^—^l T 42 &^:§ •vj Qj — — , \ s/11\\\111 ^8 8 4?' -^ ^^^*^Jk>i^Je ^ §•>§ s^ ', 1^ ' 1-A§& r 4°?Q8' ~ -f- CORNER LOT Q CARLS8AO 7ZACT 78-83 MAP NO 7583 ^7 AREA • 6.00 ACRES V 1?«y vV September 26, 86 TO: FRANK ALESHIRE, CITY MANAGER VIA: -'•'" RAY PATCHETT, ASSISTANT CITY MANAGER FROM: Keith Beverly, Administrative Assistant Parks and Recreation Department PARKS ACQUISITION SOUTHWEST QUADRANT The following information is to familiarize yourself with the events concurrent with park land acquisition within the Southwest Quadrant of the City. Presented in chrono- logical order, this report will serve to summarize the cooperative efforts of Sammis Development Company, Parks and Recreation Commission and staff, in the active pursuit of additional park land. JANUARY - MARCH '8 6 The development of the Batiquitos Lagoon Educational Park Project (B.L.E.P.), originally required the dedication of approximately 4.89 acres of park land or the equivalent of an in-lieu fee of $425,430. At the time negotiations began with Sammis Development Company for their park dedication requirement, HPI Mad offered a 30 acre park site in the Southwest Quadrant to fulfill their Park Development Requirements for the Pacific Rim Project (Hunt). APRIL - MAY '86 The Parks and Recreation Commission toured the proposed HPI 30 acre park site. After review of the site, the Commission directed the staff to actively pursue the acceptance of the park site. At the Parks and Recreation Commission meeting in April, it was suggested that Sammis Development Company would be interested in constructing a turn key park which would develop approximately 10 acres of the HPI site and would serve to fulfill Sammis's park requirement. After an in-depth discussion, the Commission unanimously voted to accept the HPI park site and directed staff to renegotiate with Sammis Development Company to purchase land adjacent to the HPI site. JUNE '86 At the June Parks and Recreation Commission meeting, Sammis Development Company had requested to formally present their proposed turn key park development plan. The basis of the Sammis proposal was the contention that the development of a park in the Southwest Quadrant would meet the park acreage standard based on the current population. The Commission was concerned at this point as to whether the 30 acre HPI September 26, 136 Frank Aleshire, City Manager Page 2 site would meet the park acreage standards based on future population projection for the Southwest Quadrant. The answer is "No". After further discussion, the Commission re-directed the staff to continue negotiations with Sammis Development Company to provide additional park land within the Southwest Quadrant. JULY '86 Sammis Development Company entered into a parks agreement which required them to dedicate 10 acres of park land. Staff reported during the July Commission meeting that negotiations were continuing to provide suitable park land in the Southwest Quadrant. After analyzing the land adjacent to the HPI site, it was suggested that a Commission Sub-Committee review the following sites: A. Future CUSD site (adjacent to). B. Alta Mira (adjacent to). C. HPI (adjacent to). D. Seventeen acres at the end of Alga (part SDG&E easement). AUGUST '86 Commission Sub-Committee toured sites within the Southwest Quadrant. The Sub-Committee reported to the Commission and suggested Alta Mira might have merit as a possible site for serious consideration. SEPTEMBER '86 Parks and Recreation Commission toured all suggested areas for park land acquisition in the Southwest Quadrant. The Commission unanimously voted to actively pursue land acquisition of the 10 acre Sammis requirement plus an additional purchase by the City of 10 acres adjacent to Alta Mira. The rational for this site was: 1. It would increase the existing 12 acre site to 32 acres. 2. It would service a rapidly developing population within this area. 3. Access would not be a problem. 4. It would create a balanced distribution of park land-within the Southwest Quadrant. Acquisition of this site is subject to an Environmental Assessment of the property. KB: pa c: David Bradstreet, Parks & Recreation Director 1200 ELM AVENUE CARLSBAD, CA 92008-1989 M^tfW-AM 6*9,-jo::- Citp of Cartebab PARKS & RECREATION DEPARTMENT September 23, 1986 Saitmis Properties Jon Briggs 2650 Camino Del Rio North, #100 San Diego, California 92108 Dear Jon: On Monday, September 15, 1986 the Parks and Recreation Commission toured and visually inspected three (3) potential park sites that may satisfy the Batiquitos Lagoon Educational Park Master Plan agreement, as outlined in AB 8739, dated August 19, 1986 (refer to attachment). The three (3) sites are as follows: 1. Land adjacent to the City's Alta Mira park. 2. Land adjacent to the HPI proposed site. 3. Land adjacent to the proposed CUSD site off of Alga Road extension. During the Parks and Recreation Commission meeting on September 15, 1986, the Commission unanimously selected site #1, land adjacent to the Alta Mira Community park, as the land they would like Sammis Properties to purchase for park purposes. Now that a site has been identified, I recommend that we meet to discuss the following: Acquisition Timing EIR Land Easement Impact Please call me at your convenience so that we can meet and plan for an orderly park dedication. David Bradstreet Parks and Recreation Director Attachments Copy: Vincent Biondo, City Attorney Ray Patchett, Assistant City Attorney Parks and Recreation Commission Doug Ducanson, Park Superintendent Mark Steyaert, Park Planner ' i Mike Holzmiller, Planning Director C,, Y OF CARLSBAD - AGENuA BILL AB« £ MTQ. 3/ r7J^ 19/86 CA T|TLg. 3ATi:c:TC£ LAGCCN EDI'CATICN'AL PARK MASTER PLAN PARKS AGREEMENT • 1 DEPT. HO. _ CITY ATTYlL CITY MGR. Q§ (X § RECOMMENDED ACTION: If -.re City Council concurs and wishes to approve the 2ati3u-.tr 3 lagoon Educational Park Master Plan Parks Agreement your act-.cr. -.3 to adopt Resolution No. ^"7(» */ • :TEM EXPLANATION The City Council, in approving the tentative raps for Phases :, :: and III for the Satiquitcs Lagoon Educational Park have cord :- ;--.e ~ the projects on satisfaction of the master plan zoning requirement that the developer dedicate sufficient park Land to bring the quadrant within which the property is Located up to the City'-s minimum standards. The conditions further require that the develope: will dedicate this land pursuant to a parks agreement entered into" between the City and the developer which must be executed prior to final map approval. Attached is an agreement which we believe carries forward the Council's intentions in that regard. It has bee: signed by the developer. Under the agreement, Mr. Sammis will dedicate _ten acres of usable park land to the City at a Location to be determined by the City Council. This dedication will satisfy the project's obligation of 3.95 acres. The developer has deposited fee; for the final map of Phase I. The dedication must occur prior to -.'--. final map of Phases II or III or the occupancy of any buildings in the master plan whichever occurs first. Upon dedication, the park fees deposited in connection with the Phase I map will be refunded. The City will collect park-in-lieu fees for 6.05 acres of Land in the quadrant from other developers and pass those fees on to Mr. Sammis in reimbursement for the dedication. This is a land based arrangement. If the land costs less than the fee equivalent the developer will profit. If the land costs more than the fees there will b« no reimbursement and that will be> an expense to be borne by the developer as) a condition of the master plan zoning. If necessary the) City willcoikUs« the property at the developer's expense. The agi•fciRHitVpr'wWrVtsV the option that the City Council may choose to require) Sammis to improve City park land instead of the dedication as necessawry to give)- the City a completed park facility at a cost of not less than $344,530. EXHIBITS Agreement Resolution No. a 1 >3J! ;; I 1 2 3 4 5 6 7 8 9 10 111 13' 3764 i 16: 17'i is i: 19 20 i1 21 ii 22 * il231i 24; 25 i;11 26! i27;;I 23 !| q A RESOLUTION :? THE CITY COUNCIL OF THE CITY TF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TC EXECUTE THE AGREEMENT BETWEEN THE SAMM IS ?PC?E:?T::5 AND THE CITY CF CARLSBAD FOR THE BATIQUITOS LAGCCN EDUCATIONAL PARK MASTER PLAN PARKS AGREEMENT The City Council of the City of Carlsbad, CaLifcrr-.Li hereby resolves as follows: 1. That the Mayor is authorized to execute ihe agreement between the City of Carlsbad and Sapjnis Prccer-.Lea --- the Batiquitos Lagoon Educational Park Master Plan Parks Agreement a copy of which is attached hereto and is incorporated by this reference. PASSED, APPROVED AND ADOPTED at a regular meeting of -.'-• City Council of the City of Carlsbad, California, held on the 19th day of August , 1986 by the following vote. to wit : AYES: Council Members Casler, Lewis, Kulchin and Pec cine NOES: N°n« ABSENT: Council Member Chick ATTE ST » MARY H. ,/CsER, Mayor \\t \\ 3 1-" --.r-T-^ c -.~-,~v, r^r.^,^,^v, ->•-;.,— * \ . » ^ >— * - — •- —** ••, „ — „ •» ——i- — s» .—•» i * — .«r\ v* r ."*. !* * MASTE? PL.-:; ?A?.KS AGREEMENT Thi.3 parks acree~e-.t :s -ace this ^^ - -=ay t: , 1986 between the CITY CF CARLSBAD, '"Cit"' j -ur. LC ipa '. rcrrorat ion cf the State of California, and SAM'-' : 5 -RCrEPTIES, ("Sarrmis") a California Corporation _ who agree as follows: SECTTALS A. On October 1, 1985 the City Council adopted Ordinance No. 9778 adopting a .raster plan for the Batiquitos ' Lagoon Educational Park (MP-175) (BLEP). Section VII. B 4.b) of that master plan reads as follows: "Park requirements for each planning area, as ray be applicable, shall be established in accordance with City Council Ordinance Mo. 9365 adopted October 18, 1973 and subsequent amendments. [Chapter 20.44 of the Carlsbad Municipal Code]. In lieu of fees, the City may require developer to dedicate land off-site for park purposes. Prior to occupancy of any phase of the development within the master plan, the applicant and the City shall enter into a parks agreement so that land for park purposes can be dedicated up front to bring the City up to standard for community parks in this district based upon current population levels.. "This will b« available as a credit against the property's Quimby Act park dedication requirements, and in addition, any excess of dedicated land over the applicant's required amount will be eligible for reimbursement by future developers within this district." This agreement is intended to implement the provisions of that section of the master plan. B. Sammis has requested that City approve a final map for Carlsbad Tract 85-14 for phase I of the BLEP. -1- The tentative -ap fcr CarLsbad Tract 95-14 ccr.taL-.e~ • rrr.di.ti.cn which read: "The City Council -ay require the developer to dedicate land cff-site for park purposes. IS the City Council sc ieter-ir.es prior to occupancy of any of the units :.-. this pro;ect the applicant and the City shall enter -..-.--7 a parks agreement as required by the raster plan." The Carlsbad City Council on July 8, 1986 approved a final rap for CarLsbad Tract 35-14 subject to the ccr.diticr. -.'-.--. before recording of the rap Sanmis and City shall enter into an agreement for dedication of the park Land. C. The park dedication required in this agreement will satisfy the requirements of Chapter 20.44 of the CarLsbad Municipal Code for subdivisions within the BLEP, and implements the provisions of Section 20.44.1LO of the CarLsbad Municipal Code which provides an alternative procedure for satisfaction of parks obligations within planned communities through the overall community planning process rather than on a subdivision by subdivision basis. City and Sanunis recognize the development of the BLEP will take place over a period of years and intend to arrange for the dedication of park land in advance of actual need in ord«r to insur« that the park area of the City in which the BLEP is located will have sufficient park Land as required by City standards before the actual need for the land accrues. In addition, Sanunis has volunteered, and is obligated as a condition of the master plan, to dedicate 10 acres of usable park Land to the City in order to cure th« park land deficiency which exists in the southwest quadrant of the City. ..In order to cure the deficiency in the southwest quadrant of 9.3 acres, Sams will dedicate to the City approx L-ately L 0 acres of usable par* Land before any buiLdi.-rs with L.-. iue 3LE? -ay be occupied. Sarmnis will be reimbursed for the Land dedicated in excess of the park obligation for the =11?. For the purpose of this agreement it is agreed that the car'< obligation for the BLEP is 3.95 acres of park Land. D. In Lieu of the obligation to dedicate par'< Land under this agreement Sammis .-nay propose and the City Council -ay authorize Sammis to improve park land that the City owns to the satisfaction of the City Council. The coat of such improvements shall not be less than the amount of fees Sammis would otherwise b« required to pay in Lieu of the 3.95 acre park Land dedication requirement for the BLEP. NOW, THEREFORE, in consideration of the mutual covenants contained herein an incorporating the recitals set forth above the parties agree as follows: I. In satisfaction of its master plan obligation to dedicate park land Sammis agrees to acquire and dedicate to the City of Carlsbad approximately 10 acres of land suitable and usable for park and recreational purposes within City of Carlsbad park district 3 (southwest quadrant). The location of and the suitability for park purposes land shall be approved by the City Council pursuant to paragraph 5 prior to the dedication to the City. The dedication shall occur prior to the filing of a final map for Phases II or III of the master plan or the occupancy of any buildings within the BLEP, whichever occurs first. The dedication shall be free ar.d clear of all Liens and encumbrances. 2. Park Ded icat -.en Credits. (a) The parties agree that the par'< land dedication requirements for the deve Loprer.t :f 3LE? LS r.ot Less than 3.95 acres as -determined at the t i.-e of execution of this agreement. If the requirement for park Land dedication increases within the 3LEP by either an increase :.-. -'-•* acreage per population or an increase in the calculated r.u.-rer :: people who will be residing within the master plan area as determined by Chapter 20.44 of the Carlsbad Municipal Code the'n the park dedication requirement for Sammis shall increase. If changes occur to Chapter 20.44 which would decrease the park land dedication requirements the parties agree that there shall not be a reduction in the master plan park requirement below the 3.95 acre level. (b) Upon dedication of the park land specified in paragraph 1 the amount of the land dedicated shall constitute a credit in favor of Sartunis to be held on account by the City to be drawn upon in satisfaction of the park dedication obligations of subdivisions within the BLEP. (c) As a condition of receiving the final map for Carlsbad Tract 85-14 Sammis has entered into an agreement to pay park in lieu fees as required by Carlsbad Municipal Code Chapter 20.44. If, at the time of obtaining the building permits for the residential portion of Carlsbad Tract 85-14, the land which is the subject of this agreement has not yet been dedicated Sammis shall pay the park in lieu fees to the City as required by 30 that agreement. Upon r.aki.-.c the dedication improvements satisfying the alternative jr.de r paragraph 4, these fees refunded to Sammis without interest. 3- ?e i-bursemer.t. Sarmis shall be reimbursed frr- cark-in-lieu fees collected in the southwest quadrant cf the J-.-.v for the amount of land dedicated which is in excess of the car< Land iedication requirement for the BLEP as determine'*, curs-a-.-. to this agreement and the appropriate provisions of the Car'.sca: Municipal Code, eg., 10 acres (dedicated) minus 3.95 acres (obligation) equals 6.05 acres (reimbursable acreage). Reimbursement shall b« paid from park-in-lieu fees collected as follows: The City shall collect from subdividers within the southwest quadrant (except for subdividers within BLEP) fees in lieu of park land dedication pursuant to the provisions of Chapter 20.44 of the Carlsbad Municipal Code in effect at the time the fees are collected. The fees collected shall then be paid over to Sammis less a three percent administrative charge which shall be retained by the City to cover the cost of administering this agreement. The amount of the remaining land for which Sammis receives reimbursement shall be reduced in an amount equal to the amount of land which would otherwise have been required to be dedicated for the subdivision paying the fees. The reimbursement shall continue until the balance of the land for which reimbursement is owed is zero acres. If after 15 years, Sammis has* not been reimbursed out of park-in-lieu fees collected from the southwest quadrant of the City, the City shall "-hen reimburse Samms fron par'<- i.n-L ieu fees collected :r. -_-e remainder of Che City. 4. Improvement Alternative. In the discretion cf the City Council, the City may, in Lieu of the dedication of the par'-. land required by Section I of this agreement, require 5ammis to improve park land owned by the City as determined by the ?ar'<s and Recreation Director and the City Council, and deliver to -.'-•= City a completed park facility. The cost of such improvements shall not be leas than $344,530. 5. Access. The parX site dedicated under this agreement, as a condition of acceptance by City Council, shall have reasonable access to a dedicated street or other access acceptable to the City and shall have reasonable access to. sewer and other necessary public utilities and otherwise shall meet City's reasonable criteria for parks as set forth in City's general plan. The City Council shall determine the adequacy of the access and the geological and geographical suitability of the site for development of active recreational facilities before the land is dedicated to the City. Sammis shall provide any information* studies, surveys or other data necessary to establish the suitability of the site for park purposes. 6. Nature of the Master Plan. City and Sammis acknowledge that the BLEP is part of the City's dynamic changing land use planning-'process and that the City may change the master plan pursuant to the provisions of the Carlsbad Municipal Code at any time. It is acknowledged by the parties that in the course of -he development of the property the park dedication requirement for the 3ati.qui.tcs Lagocn Educational ?ar'< -aster plan -ay change. In the event that the parks requirement for ---? -aster plan changes it is agreed that the parks obligation f c r the purposes of this agreement shall not be Less than 3.15 acres . 7- Acquisition by Condemnation. If Samms 13 j.c. 2='. -e - - acquire the land necessary to fulfill its obligations under this agreement City agrees to use its power of eminent domain to acquire the necessary property interest. Sanunis shall notify the City of the inability to acquire the land not less than 100 days prior to the time occupancy of the buildings or the final map for Phases II and III of the raster plan will b« requested. Sammis agrees to bear all expenses, costs/ fees and charges including land costs, attorneys, engineers, appraisers, or other professional service fees, and court costs? incurred or charged in connection with the acquisition of the property interests in the preparation and prosecution of the eminent domain proceeding. The City shall assume no responsibility for said amounts. There shall be no charge for City staff time associated with such acquisition. No occupancy shall be granted until the acquisition is .completed. 9. Successors and Assigns. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successors, and the successors owners' of the property. 9. Attorneys Fees. In the event of any dispute between the parties relating to the terms of the subject matter of this -7- agreement, the parties acree that the prevailing party shall -e entitled to reasonable attcrr.eys fees together with all ccsts j-: damages as determined by the court regardless of 'whether the dispute is settled or prosecuted to judgment. 10. Amendments. N'o change in or addition to this agreement or any part hereof shall be valid unless it is in writing and signed by all the parties hereto. 11. Severability. If any portion of this agreement 13 held by a court or arbitrator or competent jurisdiction to be' invalid, void or unenforceable the remainder of the portions hereof shall remain in full force and effect and shall no way be effected impaired or invalidated. 12. Entire Agreement. This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof/ superseding all negotiations, prior discussions, preliminary agreements or understandings written cr oral. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD a Municipal Corporation of the State of California MARY H. yCASLER, Mayor ATTESTJ AL A?PROVED.. AS TO FORM :INCEST r.3ICMCC, j 'ity -.t-cr-.ey SAMM I S PROPERTIES A California -*-*f "7 *" Corporanonj STATE OF CALIFORNIA COUNTY OF 5flA/ On State. jn the basis of satisfactory evidericeitobtdw SS before rn«. in« undcni|Md. a Votary Public m *nd ror uid pwHMUlly kno*n to mt lor proved to mt ^ ™ If <no»n to me to 9e the person* who (seemed the within Instrument on behalf or (he corporation therein named, ind acknowledged to me thai such corporatMM executed the within instrument pursuant to us ay-laws or a resolution of its board of directors. 1 WITNESS Signature the corporation (hat executed the within Instrument. OFC-:05« Name i Typed or Pnnted) OWCULIatti KATVMNA a rVWV -9- '200 ELM AVENUE CARLSBAD. CA 92008-1989 D r I •• J 0 Z ~ dtp of Carlsfbatr PARKS & RECREATION DEPARTMENT May 6, 1986 Jon Briggs, Vice President Sammis Properties 2650 Canino Del Rio North =100 San Diego, CA 92108 Dear Jon: On April 21, 1986, the Parks and Recreation Commission unani- mously rejected the Sammis proposal to use your Park-in-Lieu fees to develop a portion (approximately 10 acres) of the proposed HPI Community Park (approximately 30 acres) located off of Poinsettia Extension east of El Camino Real. The Commission directed staff to renegotiate with Sammis to instead, provide park land abutting or adjacent to the HPI park site. I would like to meet with you at your convenience to discuss the Commission's action. Sincerely, David Bradstreet Parks & Recreation Director DB : jm c: Ray Patchett, Assistant City Manager 5fl JULY 11, 1986 TO: PARKS AND RECREATION COMMISSION FROM: David Bradstreet, Parks and Recreation Director INFORMATION RELATING TO PARK REQUIREMENTS SOUTHWEST QUADRANT (SAMMIS) BACKGROUND On June 16, 1986 during the Sammis development presentation, the Commission directed that staff continue to negotiate with Sannis Properties for land adjacent to the proposed HPI 30± acre park site and to report back to the next Commission meeting regarding park development cost in the Southwest Quadrant. DISCUSSION Based on the Sammis Master Plan at build out, the P.I.L. require- ments would be: o Fee $344,530 o Land 3.95 acres o Southwest Quadrant Population 6,769 (per RAG 5/86) o Acres required based on 3. ac/1000 20.3 acres o Current inventory (1986) *12.0 acres o Deficit (1986) 8.3 acres o Build Out Requirement approximately 85.0 acres *Alta Mira (Passive natural Community Park) At the July 8, 1986 City Council meeting, during the Sammis Properties final map hearing, Sammis agreed to work out the park dedication problem to the satisfaction of the City. They further agreed to provide up front park dedication, (location to be determined, approxmately 10 acres), enough acres to eliminate any community park deficit in the southwest quadrant based on today's population (approximatley 8.3 acres). To date, a parks agreement for Sammis is being prepared by the City Attorney's office. The City Council directed that staff continue to work through the Parks and Recreation Commission and Sammis Properties for an amicable parks agreement. Parks & Recreation Commission July 11, 1986 Page 2 Park Development Cost (Southwest Quadrant) According to the latest CIP report submitted to the City Council on July 8, 1986 by the Research and Analysis Group, Southwest Quadrant park development costs are projected in two different cases Case I - Managed Growth (City Plan) Case II - Slow Growth Initiative (Citizen Plan) 1986-87 CIP total fund availability (Case I) $21,351,500 1986-87 CIP total fund availability (Case II) $19,211,500 86-87 CIP five-year budget (Case I) $44,453,500 86-87 CIP five-year budget (Case H) $32,308,500 Southwest Development Costs Hunts 30 Acre PFF Funds Allocated Case I Case II 86-87 Ph. I Designs 30 Acre $ 190,000 -0- *87-88 Ph. II 10 Acre Turnkey Devel. (Sanunis) -0- -0- 88-89 Ph. Ill Site Improvements 20 Acres $2,000,000 -0- 90-91 Ph. IV Community Center $1,680,000 -0- TOTAL $3,870,000 -0- *The Turnkey concept was incorporated into the CIP prior to subsequent action the Parks & Recreation Commission took, not to accept Turnkey concept. Additional funds must now be incorporated for 10 acres of site improvements on the HPI site. CIP Southwest Quadrant Land Acquisition PIL Funds Allocated Case I Case II 88-91 $2,500,000 $700,000 Total PIL & PFF Funs Allocated for Park Projects Case I Case II 86-87 $6,990,000 $5,500,000 86-91 $13,720,000 $7,050,000 Access On any land the City accepts for future park areas, access to the property should be resolved as a part of the negotiation for the land. DLB/kw c: Ray Patchett, Assistant City Manager Frank Mannen, Assistant City Manager Marty Orenyak, Building Director Jim Hagaman, Research Analysis Group Manager <3B DATE: September 26, 19S5 j iu TO: RAY PATCHSTT, ASSISTANT CITY MANAGER FROM: DAVID BRADSTREET, PARKS & RECREATION DIRECTORi^ SAMMIS DEVELOPMENT PARK-IN-LIEU REQUIREMENTS I understand that the Sammis Educational Development will be discussed at the next City Council Meeting. I suggest that a condition be imposed, that instead of requiring the developer co pay park-in lieu fees, that he acquire and dedicate the park land, up front, at a location to be determined by the City in th-2 Based on the Master Plan, the fees and park requirements are as follows: Fee $343,320 Land 3.94 acres D3:hlj c: Pk. & Rec. Commission Mr. Dave Bradstreet Di rector PARKS & RECREATION DEPARTMENT City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 July 27, 1987 Dear Dave: Pursuant to your request, you will find enclosed with this letter copies of all of the correspondence between myself and Ms. Beverly Southers, who is the agent representing the parcel of land owner by Mr. Joseph Sherman, which parcel is the subject of your acquisition to fulfill the park obligations in the SWQ of the city. I have also enclosed copies of letters between my office and two employees of Sammis Properties, Mr. John Briggs and Mr. Roger Anderson, regarding their efforts in assisting the city in acquiring park land in the SWQ as a condition of the approval of the BLEP. Most of this correspondence has to do with the Sherman property. You will note that Sammis Properties made their initial effort to contact the owner of the land adjacent to the Alta Mira park within three weeks of notification from your office that this was the site that had been identified by the Parks and Recreation Commission as their first choice. It should also be noted that a number of telephone conversations were held between myself and Ms. Southers concerning details of a sale. » In cloai^ff, the last correspondence was delivered to Ms. Southers on Mondofp, July 20, 1987. In a phone conversation with her on the following day, she had stated that the land was in an escrow and was no longer available for sale. She went on further to say that the owner could not respond in writing to the latest offer of July 20, 1987, but that she would send me a letter stating that the land was in escrow to be sold. I have yet to receive that letter. 31 It does not appear as if Sammis Properties has any further options at this time regarding an attempt to negotiate the purchase of the Sherman property. In the meantime, at your suggestion, I will attempt to contact the owner of the property south of, and contiguous to, Mr. Sherman's property as to the availability of that property. Please call if you have any questions or, if I can be of further assistance to you and your staff. Best regards, James FH HJ.UKS See enclosure cc: Mr. Roger Anderson Ms. Beverly Southers P.O. Box 1787 Carlsbad, CA. 92008 July 20, 1987 Dear Bev: In an ongoing effort to bring our two clients to an agreement on the sale and acquisition of Mr. Sherman's property and, in order to elicit a written response from Mr. Sherman, I would like to resubmit to you, for presentation to Mr. Sherman, a copy of the June 3, 1987 offer from Sammis Properties. Over the past several months, you had indicated that Mr. Sherman would consider selling his property on a limited contingency basis with a short escrow. However, we have yet to see, in writing, an acceptable selling price from Mr. Sherman under those circums tances. You were kind enough to respond to the March 20, 1987 offer from Sammis Properties. That response however, was for the sale of 15 acres with a density transfer of 150 units to the remaining 15 acres which were to be retained by Mr. Sherman. Subsequent conversations with you have indicated that the owner prefers to sell the entire 30 acre ownership. The enclosed proposal is based upon that understanding. I would appreciate your talking with Mr. Sherman in order to determine what his thoughts are as to a limited contingency sale with a short escrow and have him convey those thoughts in writing, so that I may pass them on to Sammis Properties. Best regards, James M. Hicks S e e e n c 1 o -s ujr; e cc: Mr. Roger Anderson Mr. Joseph Sherman c/o Ms. Beverly Southers P.O. Box 1787 Carlsbad, CA. 92008 July 20, 1987 Dear Ms. Southers: In an attempt to obtain a written response from your client, Mr. Joseph Sherman, we would like to resubmit our latest purchase proposal to you for presentation to Mr. Sherman. This is the same proposal which was sent to you by our agent, Mr. Jia Hicks, on June 5, 1987 at which time we were hoping to receive written comment from Mr. Sherman. Your cooperation along these lines would be greatly appreciated. Based upon your talks with Mr. Hicks it is our understanding that Mr. Sherman does not wish to sell a portion of his property, but is more inclined to sell the entire 30 acre parcel in one trans- action. This being the case, we would like to propose the following: PURCHASE PRICE The purchase price shall be One Million Five Hundred Thousand and \o\100 (31,500,000) Dollars based upon a per acre price of S50,000. Said acreage shall be certified by a licensed civil engineer and the price shall be adjusted accordingly. ESCROW Upon acceptance of both parties, an escrow shall be opened and Buyer shall deposit Twenty Thousand and No\100 ($20,000) Dollars therein. Escrow shall be deemed opened when the Escrow Officer has received signed copies of the escrow instructions from both parties. Upon the close of escrow (which shall be one-hundred and twenty days after the opening), Buyer shall deposit an additional One Million Four Hundred and Eighty Thousand and No\100 ($1,480,000) Dollars to complete the purchase. PAGE ONE 34 CONTINGENCIES The purchase of the property is specifically contingent upon the Buyer's acceptance and approval of the following prior to the close of escrow: A. Preliminary Title Report with legible copies of ail exceptions shown thereon. B. Soils Report to be obtained by Buyer at its expense. For the purpose of conducting this report, Buyer shall have the right to enter upon the property. C. Boundary survey of the property with exact legal de- scription of the acreage to be acquired. D. Engineering feasibility analysis to determine the adequacy of public services to the property, including but not limited to sewer, water, storm drain, gas and electricity, cable T.V., and telephone. Also to determine that the site has reasonable access to sewer and other necessary public utilities as well as to determine the geological and geographical suit- ability of the site. A determination shall also be made as to whether the site has reasonable access to a dedicated street or other access acceptable to the buyer. Should any of these contingencies not be approved by Buyer during the escrow period, the escrow created by the agreement shall be cancelled and all monies deposited into the escrow by Buyer shall be returned to same. All approvals and disapprovals shall be submitted to escrow in writing. Should the escrow fail to close for any reason, then the 320,000 deposit shall be returned to the Buyer by the Escrow Holder. Buyer shall take possession of the property at the close of escrow. Buyer shall pay the cost of recording the Grant Deed and one- half of the escrow fees. Seller shall pay the cost of the doiMimnritary tax stamps and one-half of the escrow fees. PAGE TWO Buyer reserves the right to assign the escrow or any in or right therein with the written consent of the Seller consent shall not be unreasonably withheld).). °f as stated above meet with your Respectfully submitted, Mr. Roger Anderson Vice-Pros ident SA.MMIS PROPERTIES Accepted by: Date: Ms. Beverly Southers P.O. Box 1787 Carlsbad, CA. 92008 June 5, 1987 Dear Bev: Enclosed with this letter you will find the latest amended proposal from Sammis Properties regarding their interest in ac- quiring the Sherman property. If you have any questions or comments prior to speaking with Mr, Sherman, please don't hesitate to call my office. I appreciate your cooperation. Best regards James M. Hicks See enclosures Mr. Roger Anderson SAMMIS PROPERTIES, INC. 2650 Camino del Rio North Suite 100 San Diego, CA. 92108 June 4, 1987 Dear Roger: jant to our meeting of June 2, 1987 witn Dave Bradstreet of tne Parks and Recreation Department of the City of Carlsbad. you will find enclosed with this letter an amended proposal to acquire the Sherman property in Carlsbad in oraer to ful- fill your park requirement for 8LEP. I spoke with Ms. Southern the evening of June 2nd and told her of our thoughts regarding the property. She reaffirmed the fact that Sherman woula not be a willing seller at $50,000 per acre. However, she did suggest that we should prepare an offer including the acquisition of the entire 30 acre parcel and she would present it to her client. I would suggest that you have your attorney review the document. In closing, I spoke with Dave Bradstreet yesterday. He had met with Vince Siondo, ( the City Attorney), concerning the matter and Vince suggested that he and Dave meet with the Assistant City Manager to discuss the matter further. He did however, give me the OK to proceed with the offer under the terms and conditions which we had agreed upon. Please call if you have any questions or if I can be of further service to you . Best regards, Ja;nes M. Hick? Ss»e enclosure Mr. Joseph Sherman c/o Ms. Beverly Southers P.O. Box 1787 Carlsbad, CA. 92008 June 3, 1987 Dear Ms. Southers: Pursuant to your recent phone conversations with our agent, Mr. Jim Hicks, we would like to further amend our latest proposal to you, dated April 9, 1987, regarding our interest in acquiring Mr. Joseph Sherman's property, which you represent. Based upon your talks with Mr. Hicks it is our understanding that Mr. Sherman does not wish to sell a portion of his property, but is more inclined to sell the entire 30 acre parcel in one trans- action. This being the case, we would like to propose the following: PURCHASE PRICE The purchase price shall be One Million Five Hundred Thousand and No\100 ($1,500,000) Dollars based upon a per acre price of $50,000. Said acreage shall be certified by a licensed civil engineer and the price shall be adjusted accordingly. ESCROW Upon acceptance of both parties, an escrow shall be opened and Buyer shall deposit Twenty Thousand and No\100 ($20,000) Dollars therein. Escrow shall be deemed opened when the Escrow Officer has received signed copies of the escrow instructions from both parties. Upon the close of escrow (which shall be one-hundred and twenty days after the opening), Buyer shall deposit an additional One Million Four Hundred and Eighty Thousand and No\100 ($1,480,000) Dollars to complete the purchase. CONTINGENCIES The purchase of the property is specifically contingent upon the Buyer's acceptance and approval of the following during a sixty (60) day feasibility period: A. Preliminary Title Report with legible copies of all exceptions shown thereon. B. Soils Report to be obtained by Buyer at its expense. For the purpose of conducting this report, Buyer shall have the right to enter upon the property. C. Boundary survey of the property with exact legal de- scription of the acreage to be acquired. D. Engineering feasibility analysis to determine the adequacy of public services to the property, including but not limited to sewer, water, storm drain, gas and electricity, cable T.V., telephone, as well as access. Should any of these contingencies not be approved by Buyer during the sixty day feasibility period, the escrow created by the agreement shall be cancelled and all monies deposited into the escrow by Buyer shall be returned to same. All approvals and disapprovals shall be submitted to escrow in writing. Should Buyer elect to proceed with the escrow beyond the sixty day feasibility period, the escrow shall close sixty days there- after. After the sixty day feasibility period, should the escrow fail to close through no fault of the Seller, then the $20,000 deposit shall be retained by the Seller as liquidated damages. Buyer shall escrow. take possession of the property at the close of Buyer shall pay the cost of recording the Grant Deed and one- half of the escrow fees. Seller shall pay the cost of the documentary tax stamps and one-half of the escrow fees. Buyer reserves the right to assign the escrow or any interest or right therein with the written consent of the Seller (which consent shall not be unreasonably withheld). PAGE TWO Seller shall have five (5) business days from receipt of this letter to accept the proposed, terms and conditions. This letter the part of conditions acknowledge drafting of is not intended to constitute a formal agreement on the parties. However, should the basic terms and as stated above meet with your approval, please in the space provided below and we shall commence the formal escrow instructions. Respectfully submitted: Mr. Roger Anderson Vice-President SAMMIS PROPERTIES Date: Accepted by: Date: PAGE THREE 'i:. dev jou tners P. 0. Sox ,.1-787 Carlsoad. CA. 92U08 April 7, 1V87 Dear 8ev: Enclosed with this letter you will find a new proposal on the Snerman property from Sammis Properties regarding their interest in acquiring the parcel. 1 spoke with the representative of Sammis Properties today regarding your thoughts on a sale of the entire ownership. Based upon that conversation we felt that the enclosed proposal most accurately reflects current market conditions. You may recall, that you and I discussed a possible price of $30,000 per approved Tentative Map lot. Based upon recent activity in the area. and the uncertainty of required fees, Sammis Properties does not believe that a "raw" land value of $30,000 per lot would generate a competitive "finished" lot in this specific market area. As an example, a recent sale was made in the La Costa area of Carlsbad for approximately 250 lots with an approved Tentative Map. The lots were about 4500 square feet in size with a 45' frontage. (This is the minimum which should be considered on the Sherman property). This equated to about $53,000 on a "finished" lots basis. The parcel is close to schools, shopping and the parcel has great ocean views. While Sherman's property is closer to 1-5 and the beach area, it does not provide ocean views and lacks proximity to schools and shopping. A $50,OOO "finished"lot would be more appropriate in this area for 4500 square foot lots. With today's fees and the current estimated cost to physically improve sites in the Carlsbad area, $30,000 per lot should be allocated for those costs. Therefore, Sammis Properties cannot be expected to pay more than $20,000 per lot in order to be competitive at $50,000 on a "finished" lot basis. _ei.-2-/e *« ;jn ma l-e this a very ooinrortaDie sale ror both or our clients. 'Jarnmis is willing to acquire ail of rir. Sher.nan'-s property; although this was not their original intent. The seller i 3 aDle to close on the 'un-mapped' property once the P.tr;.e: nap L-Z approved Dv the city. The Balance or the property has an approved Tentative Map contingency, which further reduces the i.3iier'-s risk. The choices for your client and those of mine, are oovious. We must now settle in on a price. Once you have read the enclosed proposal, -give me a call so that we can discuss it further. Sest reoards. Janes M. Hicks See enclosure rir. Joseon Sherman April 9, i98/ c/o Ms. Beverly 3ou triers P. 0. Box 1787 Carlsbad. CA. '92008 Dear Ms. Southers: Pursuant to conversations you have had with our agent, Mr. Jim Hicks, we would like to amend our previous proposal to you. dated March 20, 1987 regarding our interest in acquiring a portion of Mr. Sherman's property in Carlsbad. Our current intentions would to be to acquire ail of Mr. Sherman's property with certain contingency requirements based on two separate escrows. The first of these escrows will deal witn the acquisition of aporoximatelv 15 acres which would be con- tingent upon a Parcel Map approval. The other escrow would in- volve the ourchase of the remaining property. This escrow would be contingent upon a Tentative Map approval for a minimum of 75, single-family lots. The terms of the purchase are as follows: FIRST ESCROW A. The purchase price for this property is $50,000 per gross acre for a total consideration of $750,000 for the 15 acres. B. Upon acceptance of both parties, an escrow shall be opened and Buyer shall deposit Twenty Thousand and No/100 ($20,000) Dollars therein. Escrow shall be deemed opened when the escrow officer has received signed copies of the escrow instructions from both parties. C. Upon the close of escrow, which shall be one hundred and eighty (180) days after the opening, Buyer shall deposit an additional Seven Hundred and Thirty Thousand and no/100 ($730,000) Dollars to complete the purchase. D. Buyer's obligation to close the escrow is subject to Buyer's written approval and/or waiver of the following contingencies within the time periods provided: PAGE ONE 1. Preliminary title rteport: within five (5) business davs fol lowing .t-ne opening of escrow. Seller shall deliver to Buyer a Preliminary Title Report, along with copies of all .Jocuaent-s. covering the subiecc property for Buyer's approval. Buyer wiLi na.e ten ilO) days after -such delivery in which to approve tne report. 2. Soils Report: Within forty-five (45) days of the opening of the escrow, Buyer shall have approved a preliminary soils analysis of the property. During this review period, Buyer shall have the right to enter upon tne property for the purpose of the investigation. 3. EngineeringFeasibi1ity_ Study: Within forty-five (45) davs of tne opening of the escrow, Buyer shall have approved an engineering feasibility study of the property. The costs of these studies shall be borne by the Buyer. 4. P.arce_l_ __Map_ Ap_p_rcyal: Prior to the close of escrow. Buyer shall have received from the City of Carlsbad approval of a Parcel Map on the property dividing the property into two approx- imate 15 acres parcels. The conditions of approval of the Parcel Map must be approved by the Buyer and the Parcel Map «ust be recorded in order to convey title. SECOND ESCROW A. As a condition of the execution of the escrow documents on the First Escrow, Buyer shall obtain an option to purchase the remaining 15 acres of land for a price of One Million Five Hundred Thousand and no/100 ($1,500,000) Dollars. 8. Upon the close of the First Escrow, the Second Escrow shall be opened in order to consummate the sale of the remainder of the property. Upon opening, Buyer shall deposit Fifty Thousand and No/100 ($50,000) Dollars therein. Escrow shall be deemed opened when the escrow officer has received signed copies of the escrow instructions from both parties. C. Upon the close of escrow, which shall be eighteen (18) months after the opening, Buyer shall deposit an additional One milion Four Hundred and Fifty Thousand and no/ICO ($1.450,000) Dollars to complete the purchase. D. Buyer's obligation to close the escrow is subject to Buyers' written approval and/or waiver of the following contingencies within the time periods provided: PAGE TWO L. Preliminary Title Report: Within five (5) business days following .the opening of escrow. Seller snail deliver to auver a Preliminary Title Report, along with copies of all documents cov- ering tne subject property for Buyer's approval. Buyer will hjve ten (10) aav-s after such delivery in which to approve the report. 2. SoilsReport: Within sixty (60) days of the opening of the escrow. Buyer shall have approved a preliminary soils analysis of the property. During this review period, Buyer snail have the right to enter upon the property for the purpose of the investigation. 3. Engineering Feasib_il_i.ty_ _Study_: Within sixty (60) days of the opening of the escrow, Buyer shall have approved an engineering feasibility study of the property. The costs of thesa studies shall be borne buy the Buyer. 4 • _..re.nta.tive ....Mais. ...Approval..: Buyer shall have approved the Tentative Map configuration and the conditions of approval of the nap by the City of Carlsbad and the California Coastal Commission,if required. 5- Final..JlajoApj>rpva.l: The Final Map shall be in a record- able condition prior to the close of escrow. All costs attribu- table to the Final Map shall be borne by the Buyer. As a consideration to the Seller, Buyer agrees to pay to the Seller the sum of Five Thousand and no/100 ($5000.00) Dollars per month from the approval of the Tentative Map to the close of escrow. Said sums shall be applicable to the purchase price at the close of escrow, but shall be non-refundable in the event that the escrow does not close. With respect to both escrows, at the close, Seller shall deliver to Buyer, at Seller's expense, a standard coverage CLTA title policy showing title vested in the Buyer, or his assignee, showing title free and clear of all liens and encumbrances, except those approved by Buyer. Buyer shall pay the cost of recording the Grant Deed and one-half of the escrow fees. Seller shall pay the cost of the documentary tax stamps and one-half of the escrow fees. Seller shall have five (5) days from receipt of this letter in which to acknowledge acceptance. PAGE THREE d the propo-sed terms and conditions as scateu aoove meet with your...-approval , please acknowledge in the space provided below and "we shall commence the drafting of formal documentation. Respectfully submitted, Accepted Dy James M. Hicks As Agent for: Mr. John Sriggs Vice-President SAMMIS PROPERTIES Date: Date: PAGE FOUR Mr. John Sriggs SAMMI3 PROPERTIES 2650 Camino del Rio North Suite 100 San diego, CA. 92108 March 31 , 1'987 Dsar John: Enclosed with this letter you will find a response I received from Ms. Bev Southers who is the agent representing Mr. Sherman's property. This property was the subject of an offering from your company on March 21, 1987 with the intent of fulfilling your park requirement for the Lagoon property. Fifteen acres at $1,000,000 equates to about $67,000 per gross acre. If the seller ends up with 150 units on the remaining 15 acres, he will have sold 30 units for $1 Million (max. possible would be 30 acres X 6 units/acre=180 units). A great deal if you can get it. I don't see any cooperation on the part of the seller here. I would suggest we discuss a sale with other owners in the area who may appear to be more realistic. Please let me know how you would like to proceed. Best regards James M. Hicks See enclosure Marcn 30ch, 1987 Mr. John Briggs Saomis Properties ZMr. Jim Hicks 6994 El Camino Real Suite 208 Carlsbad, California 92008 Dear Mr. Hicks: The following is the response of Mr. Joseph Sherman to your Letter of Intent dated March 20th, 1987. The parcel number of the property is #214-140-13 located in the City of Carlsbad comprising of thirty(30) acres m/1.. OUR RESPONSE IS: THE PURCHASE PRICE of one million dollars would be based upon FIFTEEN ACRES.(15) THE PURCHASE IS SPECIFICALLY CONTINGENT UPON; 3. Boundary survey to be done by the Buyer at his expense. 4. Parcel map acreage division to be Seller's choice and in addition an approved tentative tract map by the City of Carlsbad to be provided the Seller for no less than one hundred fifty units.(150) In addition the Seller shall provide ONLY a ALIA title policy at his expense. Seller questions the right to assign in escrow. Please claify. Buyer shall have ten(10)days from receipt of this letter to accept. Beverly South^rs agent for JOSEPH Ms. 8ev Southers P. 0. 8ox 1787 Carlsbad, CA. Dear Bev: March 20, 1987 Pursuant to our phone conversation of this morning, you will find enclosed with this letter a Letter of Intent from Sammis Properties regarding their interest in Mr. Sherman's property. I spoke with John Briggs at Sammis and he asked me to execute the Letter of Intent on his behalf. I explained to him your thoughts on what Mr. Sherman's response might be and your comments on transferring the density to the remaining ten acres. The purpose of the Letter of Intent, as you explained, is to find out if there is a possibility of finding out whether Mr. Sherman has any interest in selling the property with a short escrow, on an all cash basis. With the understanding that Sammis would have to effect a lot split during the escrow period, which would require an over—ride of the Public Facilities Phasing Program. Once you have had an opportunity to speak with Mr. Sherman, I would appreciate hearing from you. In the meantime, if you have any questions, please don't hesitate to call my office. Best regards James M. Hicks See enclosure 5o nr. John Briggs March 20, 1987 SAMMIS PROPERTIES 2650 Camino del Rio North Suite 100 San Diego, CA. 92108 Dear John: A few weeks ago we had a discussion regarding the Sherman prop- erty as a potential site for your park land requirement. Since then I have had a few conversations with Mr. Sherman's broker as to the owner's attitude on price and terms of sale. It appears as if Mr. Sherman has received some unsolicited int- erest from the brokerage community which has had an influence on his attitude toward value. The number which has been men- tioned by Ms. Southers (his agent) is in the $100,000+ per acre category. Cash is preferred, but terms would be considered. This would not be a Tentative Map contingency sale. Any in- terest on the part of a buyer for a lower price would require an all cash purchase with a 30 day close. In our last conversation you asked me to prepare an offer at $50,000 per acre for 20 acres of the 30 acre site. You had in- dicated a willingness to close in 90 days and you would be agree- able to do a lot split on the property, supposedly not having to wait for the Zone Facilities Phasing Plan to be approved by the city. And finally, you would pay all cash for the land. The agent for Mr. Sherman has not been very encouraging regarding the proposal which I have outlined above. In addition, Mr. Sherman will be out of town over the next six weeks and his agent has asked if a written offer could be presented to him today, approved and signed by Sammis Properties. I nave enclosed with this letter a very simple Letter of Intent. If you feel that you would like to proceed under present cir- cumstances, 'I would be happy to deliver the Letter of Intent to MS. Southern in order to present it to Mr. Sherman. If it it possible to get a siqnature today, we may not have to wait six vjeeu-s to hear from Mr. Sherman. Based upon the comments I nave received from Ms. Southers however, we may not hear from Mr. Sherman after he reads our proposal anyway. Please let me know how you would like to proceed on this matter. Sest regards, James M. Hicks See enclosure nr. Joseph Sherman c/o Ms. 8everly Southers P. 0. Box l"?87 Carlsbad, CA. 92008 March 20, 1987 Dear Ms. Southers: The following constitutes a Letter of Intent on the part of the undersigned, Sammis Properties, to purchase a portion of the property located east of Paseo del Norte, north of Camino de Las Ondas owned by your client, Mr. Sherman. The property is more specifically described as Tax Parcel 8214-140-13, comprising approximately 30 acres. The pending transaction may be consummated by Buyer or by Buyer's assignee. The assignee is to be approved by Seller, whose app- roval is not to be unreasonably withheld The Purchase Price is One Million and No/100 ($1,000,000) Dollars based upon the acquisition of twenty (20) acres of the subject property at Fifty Thousand and No/100 ($50,000) Dollars per acre. Terms of the purchase are as follows: L. Upon acceptance of both parties, an escrow shall be opened and Buyer shall deposit Twenty Thousand and No/ 100 ($20,000) Dollars therein. Escrow shall be deemed opened when the Escrow Officer has received signed copies of the escrow instructions from both parties. 2. Upon the close of escrow, which shall be ninety (90) days after the opening, Buyer shall deposit an add- itional Nine Hundred Eighty Thousand and No/100 ($980,000) Dollars to complete the purchase. The purchase of the property is specifically contingent upon the Buyer's acceptance and approval of the following during the sixty (60) day feasibility period: 1. Preliminary Title Report with legible copies of all exceptions shown thereon. 2. Soils Report to be obtained by Buyer at its expense. For the purpose of conducting this report, Buyer shall have the right to enter onto the property. 3. Boundary Survey of the property with exact legal des- cription of the twenty acres to be acquired. 53 4. Parcel. Map approval from the local discretionary agencies in order to convey legal title to the property Should any of these contingencies not be approved by 9uver in the sixty day feasibility period provided, the escrow created by the agreement shall be cancelled and all monies deposited into the escrow by Buyer shall be returned to same. All approvals and disapprovals shall be submitted to escrow in writing. Should Buyer be willing to proceed with the escrow beyond the feasibility period, the escrow shall close thirty (30) days thereafter. Should the escrow fail to close after the feas- bility period has lapsed, the $20,000 deposit shall be re- tained by the Seller. Buyer to take possession of the property at the close of escrow. At the close of escrow, Seller shall deliver to Buyer, at Seller's expense, a standard coverage CLTA title policy show- ing title vested in the Buyer, or his assignee, showing title free and clear of all liens and encumbrances, except those app- roved by Buyer. Buyer shall pay the cost of recording the Grant Deed and one- half of the escrow fees. Seller shall pay the cost of the doc- umentary tax stamps and one-half of the escrow fees. Seller shall have five (5) days from receipt of this Letter of Intent to accept. Should the proposed terms and conditions as stated above meet with your approval, please acknowledge in the space provided below and we shall commence the drafting of formal escrow in- structions. Respectfully submitted, Accepted by, James M. Hicks As Agent for: Mr. John Briggs Vice-president Sammis Properties. Date: Date: Date: Mr. John Briggs November 14, 1986 Vice-President SAMMIS PROPERTIES, INC. 2650 Camino del Rio North Suite 100 San Diego, CA. 92108 Dear John: Enclosed with this letter you will find a proposed Parcel Map which was drawn up on the Sherman property which is the subject of your parkland search behind the Altamira subdivision. I spoke with Bev Southers, the broker representing Mr. Sherman, the other day and she indicated to me that the city was unwilling to process the Parcel Map until the local Facilities Phasing Plan was completed. Bev also stated that Sherman did not seem willing to sell the land for $50,000 per acre. She did think that the price could be ne- gotiated if you could assist in obtaining the Parcel Map. Please let me know how you would like to proceed from here. Best regards, James M. Hicks Enc. 55 Mr. John Briggs October 17, 1986 SAMMIS PROPERTIES, INC. 2650 Camino del Rio North Suite 100 San Diego, CA. 92108 Dear John: Today I spoke with the broker who represents Mr. Joe Sherman who owns one of the parcels which is the subject of your park search in Carlsbad. She seems to have a good relationship with the owner. And, it appears as if she understands her client's position quite well. The owner does not want a long option nor does he want to sell with any major contingencies. He bought the land with a short escrow and would expect the same with a new buyer. She asked what price I had in mind on the property should it be sold without discretionary approvals on a terms' basis. I told her I would probably come in at the $30,000-$40,000 range. She said that she had indicated a listing price to her client of $50,000 per acre. She further stated that preferred terms would be a 202 down payment with a note not to exceed three years. Additionally, there could be some "softness" should the escrow close this year. I indicated to the owner's broker that I was unsure of the buyer's intent at this time, but I did know that you had residential development ability. I also said that you had been looking for other parcels in the southwestern quadrant. Obviously, I did not expose the name of your company. Please let me know if you are need of any additional information on this property. Between this property and Mr. Abada's to the south, Mr. Sherman's land seems much more favorably priced. I will await your reply. Best regards, James M. Hicks Mr. Joseph Shennan October 14, 1986 7425 Garvey Avenue Rosemead, CA. 91770 214-140-13 Carlsbad, CA. Dear Mr. Sherman: I am writing this letter to inquire as to the availability of your Carlsbad property referenced above. I was given the name of a Beverly Southers as your broker contact in this area. However, I called the number which was given to me and was told that it was no longer in service. I would appreciate it if you would advise me as to the whereabouts of Mrs. Southers so that I may contact her with your approval. Or, perhaps you would be so kind as to call me personally so that we can discuss the property. Keeping in mind that I would be more than happy to cooperate with Mrs. Southers, if that is your wish. I am very familiar with your property having had it in escrow in the late 70's when it was owned by Mr. Kbstolany and his partners. I have been asked by a client of mine to see if your land is for sale and obtain some of the specific details. Therefore, your earlier response would be greatly appreciated. As you can see, I am a local Carlsbad broker who specializes in raw land sales in the Carlsbad area. I have been following the controlled growth propositions which will appear on the ballot in November and would be more than happy to discuss this matters with you. A reply to this inquiry would be greatly appreciated. Best regards, James H. Hicks ^ RECEIVED:::" i 2:33- OORMfclO PROPERTIES August ~l, 1987 Mr. Dave Bradstreet DEPARTMENT OF PARKS AND RECREATION CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Dear Dave: This letter is to inform you that Sammis Properties has attempted to purchase the available parkland at the Alta Mira site from Mr. Sherman. We have been advised by our broker, Jim Hicks, that the property is now in sales escrow. How do you suggest we proceed? Very truly yours, IOPERTIES Roger D. Anderson vice President of Finance RDA:krp cc: Ray Patchett 2650 Camino Dei Rb North #100 • San Diego, CA 92108 • (619) 299-7112 Beverly Investment Group Real Estate Sales Development • Investments August 17th, 1987 CITY OF CARLSBAD Parks Department Dave Bradstreet Carlsbad, California 92008 Dear Mr. Bradstreet: This is to inform you that the property owned by Joseph Sherman in the City of Carlsbad(APN#214-140-13)is currently in escrow. I shall notify you in the event this escrow is not consummated. Thank you for your interest in the property. r Sin P.O.BOX 1787 Carlsbad, California 92008 • 619-434-1051 PROPERTIES August 26, 1987 ^SPOFGMLSBAD Mr. Dave Bradstreet DEPARTMENT OF PARKS AND RECREATION CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Dear Dave: As per the letter I sent to you dated August 7, 1987, informed you that Sammis Properties had attempted to purchase the available parkland at the Alta Mira site. At that time, I requested that you give me any suggestions that you may have in order for us to proceed with our park requirement. To date I have not received a response. Again, please offer any suggestions to expedite this requirement. Very truly yours, SAMMIS PROPERTIES Roger D. Anderson Vice President of Finance RDA:krp cc: Ray Patchett 2650 Camino Del Rio North #100 • San Diego, CA 92108 • (619) 298-7112 (cD (U 1 O»0o ?5Pn> p op 3 '-?O 7*5 . If S ^ Jtf r> 3 0 9 o- c 6 2-8 Pc OQ v> OS CXI -C V LH <T oO <T oC n 0? 00 V 0 oa S oc X O oJ (TCn T OCi JO X t* en -C O 8 CO " 8 <JO c -C M v OQ O 6) oQ Oi (ti b v 4* en f 5s 8 3 ;1 pfe ||-*-? o 2 in 5 3¥ oo C/ -fl r. -o 8 f* ? c 3 a C ^V! 2^ VI 1 -^1i pP ccc nP -O P-<•to CT C0 5 c cr 8 I r CITY OF CARLSBAD CAPITAL IMPROVEMENT PROGRAM PROJECTS - 1987-88 TO BUILDOUT TABLE OF CONTENTS PROJECT LIST TABLE CIVIC PROJECTS FIRE STA # 3 - RELOCATION FIRE STA #1 & #2 REMODEL FIRE STA #5 & APPARATUS (SAFETY CENTER) FIRE STA #6 & APPARATUS LAS PALMAS PURCHASE LIBRARY REMODEL - N CARLSBAD LIBRARY - FOR BUILDOUT POPULATION LIBRARY - S CARLSBAD NEW CITY HALL PARKING - LAND ACQUISITION & FACILITIES PUB S & S CENTER PHASE 2 RECORDS MANAGEMENT SYSTEM PAGE NO I 1 3 5 7 9 11 13 15 17 19 21 23 DRAINAGE PROJECTS AT & ST RAILROAD ROW - BA STORM DRAIN - ELM AVE STORM DRAIN - E. SIDE EL CAMINO REAL - BC STORM DRAIN - HIGHLAND DR NORTH - AB STORM DRAIN - JAMES DR - BB STORM DRAIN - LAGUNA & MADISON ST - AA-2 & AA-3 STORM DRAIN - MONROE ST - AC STORM DRAIN -OAK ST - AA SUNNY CREEK DESILTATION BASIN - BL 25 27 29 31 33 35 37 39 41 PARK PROJECTS ALGA NORTE WITH COMMUNITY CENTER - SE QUAD ALTA MIRA LAND ACQUISITION - SW QUAD ALTA MIRA WITH COMMUNITY CENTER - SW QUAD (32 AC) CANNON LAKE - NW QUAD (6.7 AC) COMMUNITY CENTER - NW QUADRANT COMMUNITY PARK - SW QUAD HOLIDAY PARK IMPROVEMENTS LARWIN PARK - NE QUAD LEO CARRILLO - SE QUAD MACARIO - NE QUAD MACARIO - NW QUAD MACARIO - SE QUAD MACARIO - SW QUAD PARK ACQUISITION - SE 16.4 AC - TO BE DEDICATED 43 45 45 47 49 51 53 55 57 59 59 59 59 61 ATTACHMENT PARK PROJECTS The first five years of the CIP includes park projects which satisfy the demands of growth management. Remaining park projects will not be needed until indicated on the Project List. There are several salient projects occurring within the first five years of the CIP. Alta Mira Park consists of purchasing 10 acres of land during 1987-88. In conjunction with the land puchase, 10 acres will be dedicated, and 12 acres currently exist, yielding a 32-acre park. The park is slated for development during 1990-91. Alta Mira Park will satisfy park acreage needs in the Southwest quadrant over the next five years. Several improvements are docketed for Holiday Park in 1987-88. These consist of installing a park surveillance lighting system and constructing a washbasin area. A roofed picnic area is also included and will contain water, electrical outlets, and cooking area. The Senior Citizen Center is scheduled for construction during 1988-89. Planning for the Center is currently underway. The land purchase is scheduled for 1997-98 in accordance with the lease agreement between the City and the School District. Public demand has been the overriding factor behind embarking on the Senior Citizen Center. No standards have been established for such a facility. Growth demands will be met in the Northeast quadrant during 1991-92 with the development of Larwin Park. 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O— m CO O OO ^ocr •— -H ~D cn en OPERATING COSTS:Ni•^4NJ b i\i •vl fO »oo0 h- » COo^o•oo0 oH> 1 H o ac- 1 > n a s x^i 55*» n TJ p0 »mam S SO - s 'si_. as z a c OH5 Z Z!BB2 o = p S w°c/5 h->« COoo *ooo ii CO "cr>CO O *o 0 fto o CTi ^OOo ooo SOURCE OF FUNDS:GEN CAPITAL CONSPUBLIC FAC FEEPARK IN LIEUPLND LOCAL DRAINBRIDGE 1 THOROFATRAFFIC IMPACT FEREVENUE SHARINGSEWER CONSTRM» Hra x *— fec \ » C C 'i 3 3 3 3 3 t_r y t S — ,•cc•ccc i— »tno bo0 j- X •• •• •• •w 1 TOTAL COSTS:i^-1 COQ «o o CA>» &*00oro o 1-^en0 boo CT>» ^§»ooo PROJECT COSTS:LANDDESIGN t CONSTROTHER(•^ Ti§ D 3 I"1 L*j ^, ( O O H"»cnp b O trm1 t ^^ ' io3O k-o » ^3 O PROJECT TITLE: Al tdPROJECT NO:2 -5Q) _ £ fA ^(90 ,-,.7» 5 00 O O C3 O S ^.' H 8 «< •< i 0 0 « ro ^= n m" >re -a^^f_ Ui S _ >f it la a.X = «s i r - 2 S oz >Cj H -o S ° 5 i |S Sg <O ~ to n n S - W § T ^i!wS — m<a z 2 H •A *fiS £ 2mo *0> Crtte<eM <e«4 <e S * 3H p> t z(D S Cfln-oC 0 OiHI a 50 Cu -^ 3 ?3 ft ft Ch! 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Ul3 b 0 i(jioo i3 TOTAL COSTS:_, r\ i 33 -n33 3 P PROJECT COSTS:LANDDESIGN t CONSTOTHER9 _, n '3 '3 <-jis 3 '§ 3 PROJECT TITLE: rn,PROJECT NO:1 3 5 - <D<c fDoo 3•4 **i rr oo ft)oo -5 •z.s: -o n»•» C "•ta Q> Hgo. * i 2 o<0 3 ''I ^ 0 ^33r— ento 03 Q0 ^? -"20<e =5e Z 7 '2 S oz rf >032 S S 85 >i 1 £ r 2 52*H = §H <m — m<e z2 H io • -fl •«» 3)8raOH.. enIOSi<0•4 *M<oto + H 0H>r Z H 0 yhi P- rt Oi fD 010> H-cn rtrt- fD fD ht C3 H-I—'non 3 fD 1 uQfD O 3t-fi fDh| rt (U fD h- Cfi JS O• OOi0 ft C fD01 a ht P-0) 3 3ft rt• y H- 2M e •- fc D- 5 S Is*n (-3 0 rtO GZ ^233 •35*I -a N) va-' -»-^ » CO I— CO ^Oco o O O—i CD ^073 TD O rt t-3 tn ht QI C 3" 3*0 h Oi fD CD 0) 73 *" DJO O h CO ah( 01 73 0) rt (D fD fD hi 3 0) < 01 O> 0 rt 3 fDT3 • Q. h- O 03 (D fli Ohh c n n 73p- rt H a 3 73 P"< 3* CO fO(^ O» fD 13ht o p- n o rt 7? 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CO 1 ^«l P-ua 3*ft (Dp. ^ ^ U) » N> tr*p-A3*ft (Da CO0 hhftcr0)h- ^ tr CO fDtro> H hhP-CD h-a CO ^^U) • M Oo 3e 3P>rt< O fD 3ft fDhf 4t<3 30) COp-c3 i Mto« O 0 0 to hhrt * iIV3rt T3 h-" 0> 3to P- 3 OP* Ca fD.. 0 O ffi I-KIV "il CD T3h- 0)O h( T3 X3fD T33 h( ft O T3O fDo n• rt HI ay rofD ap- 0 0 O 0)f ft fDc a3p-tr k^rt T3 3"0> fDhjyr x•a 13(D • < MfD •M 0 HD1 h3 p- CO T3ht 0 !_)• ffiOft p-CO rty fD a(D< fD P* O T3 fD 3rt 0 hh to 00 0)oh( fDCO TJ sfen S tny11•a— H ^H5 O O -H ~O —I O J tnro OPERATING COSTS:TOTAL SOURCE OF FUNDS:^-ats5 O1» 0oo ifik -ai tsS O 0oo SOURCE OF FUNDS:GEN CAPITAL CONSTRPUBLIC FAC FEEPARK IN LIEUPLND LOCAL DRAINBRIDGE k THOROFARETRAFFIC IMPACT FEEREVENUE SHARINGSEWER CONSTRWATER ENTERPRISEDEVELOPER CONTRIBTAX INCRMNT BONDS-' A -ais:e 0oo ife ~qtoo oQo TOTAL COSTS:1 i 1 1 1 1 ( 1 i 1i ti < ^ •ao 3 SSs ± •aOs 9j S PROJECT COSTS:LANDDESIGN k CONSTROTHERA M; N C c e « •atcs •e e PROJECT TITLE: CommPROJECT NO:C 3^«r+ Z ^ 00 ••* *nI ^00 0300 HJ X1 « -• ^ _Jte Hoo n •<00-51 C o 3 » nq 0- ft*i E?SB >3 »J* ru— m•a CB« - >10 ^) to B * i r2 S o ^gl » H- S CD >s S = e< I S 5 s2 » o S= ims- m<o z !S H « . •» M 9 g t«J H^* c/>to<oM1CO-1 te10 1 + H O e- I I I I I I I I I I I 1 I I I I I I I zS O 01a oi 3*rt 5 13 fflM. n 0 gOi — 3 Za >*io > 3" — 0> ^ca r$rt 3 Cft 0 Hi Hi it- s' <D H-h( TJ I-1 CUrtto CO a> 3a (0oirt H- 3 02 Crt (D 3cn H-j-^ ca• 0) 3a o> 3 0)h{to 01 C3" (0 H (0 T3 h" 0 3 H- O cca (0Itca O OC H*a H H" 3cato 3 C 3(0 Oc CO Itto,pc(DCOftca rt 0 TJ O I—ato 3 H- VQ 3*ft M|^* vfl 3- ft H- 3 iQ •0 0> yf CO 0> 3a 38tool"{ (0 O)ft H-o3 o (0rQsft 3(0 3rt zrOica h^tooto H- ^(0a s0Mp-a Q) k< *o 0> h^yf t^to O (0 H-<| (0cn yto0) *< 73 Ccr H-o cca (D• i_3 3" (0 00 (0o Oiccato o Hi H-rtca i— i 0O0)ftM- O 3 0)3a "8T3 i_i Qi it H-rt •. 3 Qr n io 3 O f M O> * 33X 13 ^3 33o — < —* —I n co r— w I -D CO 3D OO O 0 CC 0)ft ft H- (0to tft"ca• cr0)i^crtoocto ^oooyf H- 3vfi 0) it 10 0) ^0) 3a to t^tooIt-It h" O 0) ca 3* (0 H1 ft (0It 0) h^(0 0> T3H O H-a H- 3 v£) cr 0)cn H-o a>3to 3 H- ft H- (Dca QHI Oil-{ (D Oi H ft ^JH-|— > f— > 0) M CO 0 H- 3 O I-1 Cato 0) it 0oHitoa T3H-o3K-o ca ^cart (03 01 3a rt 3* (0 O0 COftItcort H- O 3 OHI 0) c 0>ca 3" H- 3cart 0* ^3* H- CO H-tJ o> rt H-03 0HI ta T30) ^yf caC ^(0 H- 1^4 H1 0) 3 O (0 H- 1 H- Cfvfl 0)caP> 3 3*ft H- 3 no toort 'O»tO "8CO 0)i»^ o 0)l_ 1 f—lca Oert HI0 ft 3*(D ^3s^ S inn XS_di-^5*"~ cz a— mr~ ooo o cz — -H -D —I O cnco en 0 -j 1i H» ?l 25H X < z o -5n c zg n so 0^3X n 1 SB mS m 2 SBC/5 5 H 0 HOCrt _ ~ **r. ~ o•»> 25c OH 5 §2g 5»" h-^o °oo0 1 1— « 0o **o 8 | v>O *!£»"*• TTTjfiS>™crz»r'i<~w»** H*<>=ZaS5nssi?gss|«- B8Sf:g-£s*•J Z SO 3 •v f^ > -^ ;— •m«=l5rSo>i '»H>>gc_roS^^oS0 S^M s» 5.j2so 52"- z H o > ™ oS2 n _ •») — zS>z wW SB Hn a I? i& =n p ^ isOx. *^j % 0g: § HO : > O c r ;H m > ?. =w>z'? »g°; 3 - S ' S ?zu Ha ^o 3o3 M ^3rn i •*•*» SB35 2 22J mm2 on * SH ? 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M M SB 22 0)3 O-s INIT) Oft)3rt-fD-S O n o ieS S coc H IDN m cr •flX C rrr> H en CO -e»ji•*j i-** I i««f-iio ' r3^ i '* O I I. I I-e»t i «l I "* I I01 I3 i !-Ck-e»'^i•<• !8•o ni.'?i .8: O CO l_> 4 . 00 O >r 22rr B;00S H Z H 5 a' oo fDX 5"o 73fO O) -sI/I o 39 M IP1 H £ o m oC C 3 z H •fl 2reo en I I I I I I I I I February 3, 1987 TO: RAY PATCHETT, ASSISTANT CITY MANAGER FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR INDOOR SOCCER FACILITY REPORT (ISOC) Background On November 4, 1986, Council denied the request to convert two (2) additional Monroe Tennis Courts to an expanded indoor soccer facility, and directed staff to look for a new site for the indoor soccer program. Recommendation Short range - Continue to allow I.S.O.C. the temporary use of the two (2) northern tennis courts and approve a 12 foot expansion at the north end, adjacent to the Swim Complex. Long range - If the Indoor Soccer Program is deemed a success, consideration will be given for such a facility to be incorporated in the planning and design review process of proposed future community parks, i.e., Alta Mira, HPI or Alga Norte. Fiscal Impact The short range recommendation will require minimal cost as most of the work will be performed by force account and ISOC volunteers. The long range cost cannot be determined at this point. Discussion Jim Courtney, President of ISOC and the Director of the Parks and Recreation surveyed and analyzed the following potential ISOC sites throughout the city: 1. Old Reservoir 2. Larwin Community Park 3. Safety Center 4. Cannon Lake Park 5. Roll Properties 6. Valley Jr. High 7. May Co. Center parking lot 8. Calavera Hills Community Park 9. Monroe Street Tennis Complex The majority of the above sites would require funding to make improvements such as, playing surface, parking, fencing and a rest room. ISOC, at this time, does not have any funding available for such improvements. In addition, many of the above sites had accessibility constraints or could only be used on a temporary basis Feb 3, 1987 Ray Patchett Page Two The Monroe site seemed to be the only logical place that the Soccer facility could be operated at this time. Mr. Courtney agreed to withdraw his request to build over the two (2) Southern existing tennis courts, if he could expand to the north by approximately 12 feet. This would allow ISOC to continue to operate their facility as a non profit organization for the Youth Soccer Program on a temporary basis. Staff proposes that if the Indoor Soccer Program is deemed a success, that consideration for such a facility will be incorporated into the planning and design process of future community parks or special use areas. Staff and Mr. Courtney concurs with the above proposal and recommends that we inform the City Council via the City Manager newsletter and the Parks and Recreation Commission via the Director's monthly report that the soccer issue has been resolved. DBrlt Attachment c: Lynn Chase, Recreation Superintendent Ken Price, Principal Recreation Supervisor Jim Courtney, ISOC President January 23, 1987 David Bradstreet, Parks Director, City of Carlsbad 1200 Elm St. Carlsbad/ CA 92008 Dear Mr. Bradstreet: I appreciate the time and effort expended on your part to help us find an area for a Speed Soccer Court. This is in response to.the tour of possible sites that you and I took a few days ago, and my obsevations about each site. Of course there would be considerable costs associated with improving any one of them, and therein lies our problem. Since we do not have the resources to improve a site, we must locate one that already has the playing surface and the parking areas paved. However, each of the sites that we looked at also had other drawbacks and I will try to list them here. 1. The reservoir site: This site could be used, however there are several problems that I believe would eliminate it from consideration, i.e. size (too small for regulation court), locatio/i in residential area, access problems, parking problems, and the cost to improve the property. 2. Larwin Hills area: Access problems, parking, size (too small), and the cost to improve site. 3. Safety Center: This would be a good location, however since it is only temporary, would not solve our problem, also cost to improve playing area and parking lot. 4. Canon Lake Park: This also would be an exellent site, however the costs of improvements (paving and fencing) would prohibit us from considering it. 5. Koll Reserch Park: Here again would be an ecellent site, however it would only be temporary, and of course the costs to improve the property. 6. Valley Jr. High: A good site because paving and fencing are in place, however, the parking problem, and the residential area would surely result in many complaints. 7. Monroe St. Tennis Courts: This site is ideal and solves all our problems, i.e. paving and fencing in place, good parking, adjoins the municipal swim complex (drinking water and rest rooms), location adjacent to a school, and has been used for one season as a Speed Soccer Court. Once again I would like to thank you for your help and assistance in this matter. ncerely your ames A. Courtney, Pres . Indoor Soccer of Carlsba/ (ISOC) April 9, 1987 TO: /RAY PATCHETT, ASSISTANT CITY MANAGER VIA: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR FROM: KEITH BEVERLY, MANAGEMENT ANALYST^ HISTORY OF INDOOR SOCCER OF CARLSBAD (ISOC) AUGUST 1985 - Staff received request from Jim Courtney, President of ISOC, to use the northern most tennis courts at Monroe Street to establish an Indoor Soccer Facility. He stated that the northern courts were not in good shape and would not provide the amount of recreational participation that Indoor Soccer would create. ISOC would construct, maintain and operate the facility at their expense, for at least one year or until they could find a permanent site for a facility. SEPTEMBER 1985 - ISOC request was brought before Parks and Recreation Commission (Attachment A). Commission wanted more information on insurance requirements and questioned who would be in control of Indoor Soccer Facility and revenue that it generated. Decision on request was tabled until October Commission meeting. OCTOBER 1985 - Parks and Recreation Commission was assured that any money taken in would be used to keep the program operating. The Commission unanimously approved the ISOC request to utilize the (2) northern tennis courts for an Indoor Soccer Facility for a one year trial period (Attachment B). MAY 1986 - Parks and Recreation staff received a letter from ISOC stating an obvious success of the Indoor Soccer Program and requesting to expand the soccer facility onto the remaining 2 southern tennis courts so as to accommodate adult play. ISOC additionally proposed that either the City assume the operation of Indoor Soccer and reimburse ISOC $50,000 for their investment or lease the entire Monroe Street site to ISOC who would run the facility as a private enterprise (Attachment C). JULY 1986 - ISOC's proposal was presented to the Parks and Recreation Commission. After considerable community response from both tennis and soccer enthusiasts, the Commission voted unanimously to table any decision on the Indoor Soccer/Monroe Street Tennis Court situation until the September meeting. This action would allow the Commission Special Projects Committe and Staff to work together to find alternative sites for tennis and/or indoor soccer using available City property (Attachment D). Apr 9, 1987 Ray Patchett Page 2 .•••" SEPTEMBER 15, 1986 - At the Parks and Recreation Commission meeting, the Subcommittee and Staff updated the Commission on their findings. After discussion the Commission voted to: 1. Approve ISOC's request to expand the soccer facility onto the remaining two tennis courts. 2. Expand public use for Basswood and Valley Tennis Courts to include the hours of 12:00 (noon) - 1:00 p.m. 3. Light the Basswood and Valley Tennis Courts. 4. Negotiate a use agreement with ISOC to include that they repay the cost of lighting from revenues generated by the soccer program and that ISOC return the site to its original condition upon their vacating the courts. Additionally, the Commission directed staff to continue to pursue locating a permanent site for the location of the Indoor Soccer Facility (Attachment E). NOVEMBER 1986 - ISOC's request to convert Monroe Tennis Courts to an Indoor Soccer Facility went before the City Council for final approval. Council action was to deny the request to convert the two (2) additional tennis courts and directed staff to look for a new site for the Indoor Soccer Facility (Attachment F). FEBRUARY 1987 - After considerable time and energy was expended to locate a permanent facility/ staff and ISOC are in accord with the following recommendation: Short range - Continue to allow ISOC the temporary use of the two (2) northern tennis courts and approve a 12 foot expansion at the north end, adjacent to the Swim Complex. Long Range -If the Indoor Soccer Program is deemed a success, consideration will be given for such a facility to be incorporated in the planning and design review process of proposed future community parks, i.e., Alta Mira, HPI or Alga Norte (Attachment G). KB: It Attachments OF CARLSBAD PARKS AND RECREATION COMMISSION COMMITTEE ASSIGNMENTS PARK SITE AND FACILITY PLANNING <€T~fter23Tr S. Dahlquist ^T. Honti «J. Popovich UPDATE CITY-WIDE DEVELOPMENT PLAN J. Popovich G. Wright - M. Morrison u SCHOOL DISTRICT LIAISON J. Popvich B. Donovan - San Marcos c SPECIAL PROGRAMS /PROJECTS S. Dahlquist •J. Popovich M. Morrison "J«~" CuiiLi BUDGET Popvich STREET TREE & SIGNAGE PROGRAM B . Donovan -COMMUNITY ATTACHMENT "E" September 15, 1987 TO: DAVID BRADSTREET, PARKS AND RECREATION FROM: KEITH BEVERLY, MANAGEMENT ANALYST MONTHLY REPORT FOR AUGUST ADMINISTRATION; Good News, Pacific Scene has deeded the Northern 10+; acres of Calavera Hills Community Park to the City. Staff is presently getting the plans and specifications prepared to go out to bid for Phase II. Calavera Hills Phase I construction is behind schedule due to a delay on the sports lighting fixtures. RECREATION: Effective October 1, 1987 the Recreation Division will schedule the use of the Carlsbad Safety Center rooms. New Fall Classes have begun at Harding and Stagecoach Community Center. New classes at Stagecoach include Gymnastics, Karate, Aerobics and Pre-School activities. The Youth Sports section has just begun a youth volleyball fundamentals program at Stagecoach Community Park. Open to youngsters in grades 6-8, the program expects to draw area boys and girls and prepare these youngsters for high school volleyball. Youth basketball projections are for more than 400 youngsters signing up for this year's program. SENIOR CITIZENS: Ursula Henze has been hired as the new Site Manager at the Senior Citizen Center. She will be heading the Nutrition Program. BUILDING MAINTENANCE: On September 1, 1987 the Building Maintenance Department was transferred to the Utilities/Maintenance Department. KB: pa c: Ray Patchett, City Manager