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HomeMy WebLinkAbout2000-07-25; City Council; 15830; Street & Sidewalk Policy Committee Recommendations‘c * /---- --., - - 1, @ _; \- ./ i cz? CITY OF CARLSBAD - AGENDA BILL 4B# 1s 836 TITLE: RECOMMENDATIONS FOR THE \nTp. 7/25/00 IMPLEMENTATION OF THE STREET AND SIDEWALK POLICY COMMITTEE FINAL REPORT 3EPT. CA DEPT. HD. CITY ATTY. RECOMMENDED ACTION: 1. Introduce Ordinance No. d 5 - 5.55 amending Municipal Code Chapter 18.40. 2. Introduce Ordinance No. N s-s% repealing Urgency Ordinances No. NS - 516 & No. NS - 527. 3. Adopt Resolution No. gnOo-2 ,% naming Alternative Design Streets, approving Alternative Street Design Process and Alternative Street Design Criteria. 4. Adopt Resolution No. am*dm approving Responses to Street & Sidewalk Committee recommendation. ITEM EXPLANATION: At its meeting of Tuesday, July 18,. 2000 the City Council carefully considered the recommendations contained in the final report of the Street and Sidewalk Committee and the recommendations of staff as set forth in Agenda Bill 15,830; and after extensive public comment and deliberations, the Council directed the City Attorney to return with revised documents memorializing its decisions. Those documents are attached to this agenda bill and have been revised as follows: l Resolution No. 2000-236 has been revised to make it clear that no assessment district will be formed until after the alternative streets design process has been completed. l The proposed Neighborhood Improvement Agreement has been revised as follows: 0 A provision has been added to the recitals indicating that no assessment district shall be formed until completion of the alternative streets design process adopted by resolution of the City Council in accordance with the previous revised resolution 0 Clarified section 5 permitting the property owner to satisfy the obligations of the agreement by paying the amount set forth as the proposed assessment in which case the agreement would be released 0 Eliminated the indemnity provisions since the property owners’ obligations would be satisfied by either paying the assessment or paying the amount of the assessment in cash rather than actually constructing the improvements 0 Eliminated references to the irrevocable offer of dedication since this obligation will be administered through the ordinance rather than the agreement 0 Other minor changes in the language of the document as shown on the redlined version, which do not change or alter its intent. l Added a section to the proposed ordinance, which clarifies that public improvements will not be required unless the work exceeds $75,000 and results in an increase in the size of the building. . Paqe 2 of Aqenda Bill No-15 I%= 1 l Added paragraph 3 to Resolution 2000-236 clarifying that the streets improvements will not be required until after the alternative street design process is completed. l Added paragraph C to section 4.02 Waiver of Rights clarifying that nothing in the waiver is intended to waive a property owner’s ability to participate in the alternative streets design process. ENVIRONMENTAL REVIEW The actions recommended to the Council at this time do not qualify as projects for purposes of environmental review and CEQA analysis. Follow-up actions to implement the Council’s decisions may qualify as projects and may be required to go through environmental analysis such as a specific proposal to design and adopt an Alternative Street Design. FISCAL IMPACT: The proposed program will involve significant staff resources to assist neighborhoods in the development of Alternative Street Designs. Depending on the scope and difficulty, each street design could cost from $50,000 to $150,000 including preliminary engineering studies. The cost of assessment district formation could range from $25,000 to $50,000 per block. Although it is estimated that only a small number of assessment districts would be developed, additional staff resources may be needed for administration of districts in subsequent years ($10,000 to $30,000 annually). All costs could be recovered with the successful formation of an assessment district. Adopting the assessment district approach will reduce the City’s involvement in funding the sidewalk program, which is currently budgeted at $800,000 per year through Traffic Impact Fees and Transnet. However, these funds would not be available to finance assessment districts. Instead, the assessment districts would need to issue bonds to fund the initial work with the bonds to be repaid by the property owners. EXHIBITS: 1. 2. 3. 4. Ordinance No. NS-555 amending Municipal Code Chapter 18.40. Ordinance No. NS-556 repealing Urgency Ordinances No. NS-516 and No. NS-527. Resolution No. 2000-236 naming Alternative Design Streets, approving Alternative Street Design Process and Alternative Street Design Criteria. Resolution No. 2000-237 approving Responses to Street & Sidewalk Committee recommendation. 5. Staff Analysis of Street & Sidewalk Committee Recommendations. 6. Survey of Dedication and Improvement Requirements. 7. Neighborhood Improvement Agreement ORDINANCE NO. NS-555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING MORATORIUM ON IMPROVEMENTS, TITLE 18, SECTION 18.40.130 OF THE CARLSBAD MUNICIPAL CODE, AND AMENDING TITLE 18, CHAPTER 18.40, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.40.010, 18.40.020, 18.40.030. 18.40.040. 18.40.070 AND 18.40.090. The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 SECTION 1: That Section 18.40.010 of the Carlsbad Municipal Code is amended to 8 read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 18.40.010 Findincas. ourpose and intent. (a) The city council finds as follows: (1) There is a lack of adequate roadway edge treatments, pedestrian facilities and streets in various areas of the city which may be prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the city. (2) The lack of improved pedestrian pathways in the city in many instances forces ~ pedestrians, including school children, to walk in the streets and to be subject to the hazards of ~ vehicular traffic. (3) The lack of improved pedestrian pathways during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks. (4) Streets and highways of inadequate width and design hinder vehicular ‘movement and constitute a hazard to the safety and health of users. (5) The lack of curbs, storm drains and other street improvements results in poor drainage and a collection of filth and waste. (6) The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles. (b) It is the purpose of the city council in adopting the provisions of this chapter to: (1) Impose reasonable requirements of dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and highways in the city thereby increasing the danger to the public health, safety and welfare; (2) Extend the basic requirements of the Subdivision Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved; (3) Alleviate the undesirable situation found to exist in subsection (a) by spreading the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the city to serve property about to be developed at the time of its development. (c) The city council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way including streets, highways, alleys and storm drain facilities and the construction of improvements contiguous to the property from the property line to the centerline of the public rights-of-way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put. 27 28 SECTION 2: That Section 18.40.020 of the Carlsbad Municipal Code is amended to read as follows: Ordinance No. NS-555 page I of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 f9 20 18.40.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed in them by this section: (1) “Alley” means a public or private way permanently reserved as a secondary means of access to abutting property. (2) “Building” includes any building, structure or dwelling of which the cost price of erecting the same is in excess of the sum of fifteen thousand dollars as determined by building permit valuation. (3) “Improvements” includes, but is not limited to, sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installation, undergrounding of utility facilities and pavement transitions. (4) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind. The term “person” also includes any owner, lessee or agent constructing or arranging for the construction, modification, or alteration of a building or dwelling. (5) “Alternative Design Streets” means any street designated by Resolution of the City Council as an “Alternative Design Street” subject to the Alternative Street Design Approval Process used to determine the final improvement standards for the designated street. II SECTION 3: That Section 18.40.030 of the Cartsbad Municipal Code is amended of to read as follows: 1840.030 Dedications required. (a) Any person who constructs or causes to be constructed any building in the city shall have provided by means of an irrevocable offer of dedication, grant of easement or other appropriate conveyance, as approved by the city attorney, the rights-of-way necessary for the construction of any street, highway, or alley as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise required by the city engineer in accord with an established street system or plan. Rights-of-way shall also be provided for any improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances. (b) The dedications or irrevocable offer of dedication required by subsection (a) shall also apply to any person who enlarges, expands, or causes to be enlarged, or expanded any building in the city if the cost of such work exceeds the sum of fifteen thousand dollars as determined by building permit valuation. Said amount to be increased annually consistent with International Conference of Building Officials valuation schedule for the appropriate construction type. (c) The dedications required by this chapter shall be made prior to issuance of the building permit for the subject property. 21 22 23 II SECTION 4: That Section 18.40.040 of the Carlsbad Municipal Code is amended to 24 25 26 27 28 read as follows: 18.40840 Public improvements required. (a) Any person who constructs or causes to be constructed any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the city manager shall determine whether or not the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued. (b) The improvements required by subsection (a) of this section shall also apply to any person who enlarges or expands or causes to be enlarged or expanded any building in the city if the cost of such work exceeds seventy-five thousand dollars and increases the size of the II Ordinance No. NS-555 page 2 of 4 1 2 building. Said amount to be increased annually consistent with International Conference of Building Officials valuation schedule for the appropriate construction type. SECTION 5: That Section 18.40.070 of the Carlsbad Municipal Code is amended to 3 II read as follows: 4 S Upon written application, the city manager by written order may defer any of the mprovements required by this chapter if he finds that the public health, safety and welfare of the nhabitants of the city will not be endangered by the deferment of the construction of the mprovements and that any one of the following exists: (1) There is a lack of adequate data in regard to the grades, plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later rime. IO 11 12 13 18.40.070 Deferral of imorovement requirements. (2) The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance. (3) Construction of the improvements would be incompatible with the present state of the 7eighborhood’s development or be impractical or premature because of the condition of the ;urrounding property. (4) Construction of the improvements would create a hazardous or defective condition. (5) Improvement would be to a street designated by Resolution of the City Council as an ‘Alternative Design Street” and subject to the “Alternative Street Design Approval Process”. (6) Improvements are not continuous with existing improvements and construction would )e impractical. 14 SECTION 6: That Section 18.40.090 of the Carlsbad Municipal Code is amended to 15 read as follows: 16 17 18 19 20 21 22 23 24 18.40.090 Conditions of deferral. Any deferral of improvements pursuant to Section 18.40.070 shall be conditioned on the filing with the city manager of a neighborhood improvement agreement in a form satisfactory to the city attorney which provides that the property owner will construct the improvement at such time as an improvement district or neighborhood improvement program is adopted. The city manager is authorized to execute such agreement on behalf of the city. Such agreement must be received and recorded prior to issuance of a building permit. If the building permit is not exercised, the city manager is authorized to execute a release of agreement for the subject property. Prior to the recordation of a neighborhood improvement agreement, there shall be paid to the engineering department a fee as set by resolution of the city council for the processing of the agreement. SECTION 7: That Title 18, Chapter 18.40, Section 18.40.130 of the Carlsbad Municipal Code is repealed. 25 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to 26 be published at least once in a newspaper of general circulation in the City of Carlsbad within 27 fifteen (15) days after its adoption. 28 (I II Ordinance No. NS-555 page 3 of 4 - 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 25th day Of JU~V ,2000, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of August , 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None All-EST: _ &hz- M. WOOD, City Clerk (SEAL) /I OrdinanceNo.NS-555 page4 of4 0 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /‘F,DLINED VERSION . -’ ORDINANCE NO.’ Ns* 55s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING MORATORIUM ON IMPROVEMENTS, TITLE 18, SECTION 18.40.130 OF THE CARLSBAD MUNICIPAL CODE, AND AMENDING TITLE 18, CHAPTER 18.40, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.40.010, 18.40.020, 18.40.030, 18.40.040. 18.40.070 AND 18.40.090. The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION 1: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the amendment of Section 18.40.010 to read as follows: 18.40.010 Findings, purpose and intent. (a) The city council finds as follows: (1) There is a lack of adequate W&+-+&&S, s@ewa#sroadway edge treatments, pedestrian facilities and streets in various areas of the city which i-s-may be prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the city. (2) The lack of improved &ewalkspedestrian pathways in the city in many instances forces pedestrians, including school children, to walk in the streets and to be subject to the hazards of vehicular traffic. (3) The lack of improved -pedestrian pathways during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks. (4) Streets and highways of inadequate width and design hinder vehicular movement and constitute a hazard to the safety and health of users. (5) The lack of curbs, storm drains and other street improvements results in poor drainage and a collection of filth and waste. (6) The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles. (b) It is the purpose of the city council in adopting the provisions of this chapter to: (1) Impose reasonable requirements of dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and highways in the city thereby increasing the danger to the public health, safety and welfare; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Extend the basic requirements of the Subdivision Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved; (3) Alleviate the undesirable situation found to exist in subsection (a) by spreading the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the city to serve property about to be developed at the time of its development. (c) The city council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way including streets, highways, alleys and storm drain facilities and the construction of improvements contiguous to the property from the property line to the centerline of the public rights-of-way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put. I SECTION 2: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the amendment of Section 18.40.020 to read as follows: 18.40.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed in them by this section: (1) “Alley” means a public or private way permanently reserved as a secondary means of access to abutting property. (2) “Building” includes any building, structure or dwelling of which the cost price of erecting the same is in excess of the sum of ten-fifteen thousand dollars as metermined by building permit valuation. (3) “Improvements” includes, but is not limited to, sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installation, undergrounding of utility facilities and pavement transitions. (4) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind. The term “person” also includes any owner, lessee or agent constructing or arranging for the construction, modification, or alteration of a building or dwelling. I . 1 2 3 F ? (5) “Alternative Design Streets” means anv street designated bv Resolution of the Cite Council as an “Alternative Design Street” subiect to the Alternative Street Desiqn Approval Process used to determine the final improvement standards for the desionated street. 4 5 SECTION 3: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the amendment of Section 18.40.030 to read as follows: 6 7 18.40.030 Dedications required. 8 9 10 11 12 13 14 15 16 17 18 19 20 (a) Any person who constructs or causes to be constructed any building in the city shall have provided by means of an irrevocable offer of dedication, orant of easement or other appropriate conveyance, as approved by the city attorney, the rights-of-way necessary for the construction of any street, highway, or alley as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise required by the city engineer in accord with an established street system or plan. Rights-of-way shall also be provided for any improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances. (b) The dedications or irrevocable offer of dedication required by subsection (a) shall also apply to any person who alters, enlarges, expands, or causes to be altered, enlarged, or expanded any building in the city if the cost of such work exceeds the sum of ten-fifteen thousand dollars as determined by building permit valuation. Said amount to be increased annually consistent with International Conference of Building Officials valuation schedule for the appropriate construction 21 23 II (c) The dedications required by this chapter shall be made prior to issuance of the building 24 25 26 27 28 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the revision of Section 18.40.040 to read as follows: 18.40.040 Public improvements required. (a) Any person who constructs or causes to be constructed any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the city manager shall determine whether or not the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued. (b) The improvements required by subsection (a) of this section shall also apply to any person who alters, enlarges or expands or causes to be altered, enlarged or expanded any building in the SECTION 5: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the revision of Section 18.40.070 to read as follows: 18.40.070 Deferral of improvement requirements. Upon written application, the city manager by written order may defer any of the improvements required by this chapter if he finds that the public health, safety and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists: (1) There is a lack of adequate data in regard to the grades, plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later time. (2) The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance. (3) Construction of the improvements would be incompatible with the present state of the neighborhood’s development or be impractical or premature because of the condition of the surrounding property. (4) Construction of the improvements would create a hazardous or defective condition. city if the cost of such work exceeds fifty-seventy-five thousand dollars and increases the size of the building. Said amount to be increased annually consistent with International Conference of Building Officials valuation schedule for the appropriate construction tvpe. II - ? (5) Improvement would be to a street designated by Resolution of the City Council as an “Alternative Design Street” and subiect to the “Alternative Street Design Approval Process”. (6) Improvements are not continuous with existing improvements and construction would be impractical. SECTION 6: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amended by the revision of Section 18.40.090 to read as follows: 18.40.090 Conditions of deferral. Any deferral of improvements pursuant to Section 18.40.070 shall be conditioned on the filing with the city manager of* a neiohborhood improvement agreement Kin a form satisfactory to the city attorney which provides that the property owner will construct the improvement at such time as an improvement district or neiohborhood improvement program is adopted. tkn tc be tn *The city manager is authorized to execute such agreement on behalf of the city. Such agreement must be received and recorded prior to issuance of a building permit. If the building permit is not exercised, the city manager is authorized to execute a release of -agreement for the subject property. I .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Prior to the recordation ofj a neiohborhood improvement agreement, there shall be paid to the engineering department a fee as set by resolution of the city council for the processing of the agreement. SECTION 7: That Title 18, Chapter 18.40, Section 18.40.130 of the Carlsbad Municipal Code is repealed. h qc,#&tn 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the day of , 2000, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 2000 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST LORRAINE M. WOOD, City Clerk (SEAL) ORDINANCE NO. NS-556 10 11 12 13 14 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING URGENCY ORDINANCE NO. NS-516 PROHIBITING THE ISSUANCE OF BUILDING AND GRADING PERMITS IN SUBDIVISIONS FROM EL CAMINO REAL WEST TO THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA LAGOONS AND REPEALING ORDINANCE NO. NS-527 WHICH EXTENDED ORDINANCE NO. NS-516 WHEREAS, on November 2, 1999, Council approved an urgency ordinance prohibiting the issuance of building and grading permits in the Northwest Quadrant pending a report and recommendations of a citizens committee to study sidewalk and street improvement standards; and WHEREAS, Council appointed a 15-member citizens committee to study streets and sidewalks in the area west of El Camino Real to the ocean, between Agua Hedionda and Buena Vista Lagoons; and WHEREAS, Council directed the Committee to consider all relevant issues in formulating its recommendations to the City Council including, but not limited to, aesthetics, neighborhood compatibility and preferences, safety, liability, environmental impacts, and to consider all II applicable laws, including but not limited to, Americans with Disabilities Act, Clean Water Act and 16 17 the like; and WHEREAS, the Committee gave its report and recommendation to City Council on March 18 II 7,200O; and 19 II WHEREAS, Council has taken action regarding the Committee’s report and recommendations and has determined that potential development no longer represents a current ’ and immediate threat to the public health, safety and welfare. NOW, therefore, the City Council of the City of Carlsbad, California, does ordain as 23 24 25 26 27 follows: SECTION 1. That the above recitations are true and correct. Ill Ill Ill /iI 1 SECTION 2. This ordinance hereby repeals in their entirety Ordinances No. NS-516 and 2 Ordinance No. NS-527 pursuant to Section 2 of Ordinance No. NS-527. 3 4 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be 5 published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen 6 (15) days after its adoption. 7 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council g held on the 1st day of August , 2000 by the following vote, to wit: 10 AYES: Council Members Lewis, Hall, Finnila, Nygaard, and Kulchin 11 12 13 14 OOD, City Clerk 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DESIGNATION OF ALTERNATIVE DESIGN STREETS, THE ALTERNATIVE STREET DESIGN APPROVAL PROCESS, AND THE ALTERNATIVE DESIGN CRITERIA. WHEREAS, on November 2, 1999, the City Council appointed a 15-member Citizens Committee to study streets and sidewalks in the area west of El Camino Real to the ocean, Setween Agua Hedionda and Buena Vista Lagoon; and WHEREAS, Council directed the Committee to consider all relevant issues in formulating ts recommendations to the City Council including, but not limited to, aesthetics, neighborhood compatibility and preferences, safety, liability, environmental impacts, and to consider all applicable laws, including but not limited to, Americans with Disabilities Act, Clean Water Act and Ihe like; and WHEREAS, the Committee gave its report and recommendation to City Council on March 7,200O; and WHEREAS, the Committee identified streets to be considered “Alternative Design Streets”, recommended an “Alternative Street Design Approval Process”, and identified ‘Alternative Design Criteria”; and WHEREAS, Council concurs with the recommended Alternative Design Streets, Jlternative Street Design Approval Process and Alternative Design Criteria. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. 2. I// ifi Ill Ill Ill That the above recitations are true and correct. Alternative Design Streets as designated, the Alternative Street Design Approval Process and Alternative Street Design Criteria, as presented in the Street & Sidewalk Policy Committee Final Report, are hereby approved. /c , 1 3. Such improvements will not be required until after the Alternative Street Design 2 process is completed. 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 25th day of July AYES: Council Me-s -1 2000 by the following vote, to wit: Finni .la, Nygaar 'd, and Kulchin ‘6’ . 1 I /I -k ‘ DLINED VERSION 2 3 4 5 6 WHEREAS, the Committee gave its report and recommendation to City Council on March 7,200O; and 7 8 9 10 WHEREAS, on November 2, 1999, the City Council appointed a 15member Citizens Committee to study streets and sidewalks in the area west of El Camino Real to the ocean, between Agua Hedionda and Buena Vista Lagoon; and WHEREAS, Council directed the Committee to consider all relevant issues in formulating its recommendations to the City Council including, but not limited to, aesthetics, neighborhood compatibility and preferences, safety, liability, environmental impacts, and to consider all applicable laws, including but not limited to, Americans with Disabilities Act, Clean Water Act and the like; and 11 12 WHEREAS, the Committee identified streets to be considered “Alternative Design Streets”, recommended an “Alternative Street Design Approval Process”, and identified “Alternative Design Criteria”; and 13 14 15 16 WHEREAS, Council concurs with the recommended Alternative Design Streets, Alternative Street Design Approval Process and Alternative Design Criteria. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Alternative Design Streets as designated, the Alternative Street Design Approval Process and Alternative Street Design Criteria, as presented in the Street & Sidewalk Policy Committee Final Report, are hereby approved. 17 18 19 20 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 2000 by the following vote, to wit: AYES: NOES: ABSENT: 22 CLAUDE A. LEWIS, Mayor 23 24 ATTEST: 25 26 LORRAINE M. WOOD, City Clerk 27 (SEAL) 28 RESOLUTION NO. 2000-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DESIGNATION OF ALTERNATIVE DESIGN STREETS, THE ALTERNATIVE STREET DESIGN APPROVAL PROCESS, AND THE ALTERNATIVE DESIGN CRITERIA. ‘7 RESOLUTION NO. 2000-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESPONDING TO STREET AND SIDEWALK COMMITTEE RECOMMENDATIONS WHEREAS, on November 2, 1999, the City Council appointed a 15-member Citizens Committee to study streets and sidewalks in the area west of El Camino Real to the ocean, 6 between Agua Hedionda and Buena Vista Lagoon; and 7 WHEREAS, Council directed the Committee to consider all relevant issues in formulating 8 its recommendations to the City Council including, but not limited to, aesthetics, neighborhood 9 compatibility and preferences, safety, liability, environmental impacts, and to consider all 10 applicable laws, including but not limited to, Americans with Disabilities Act, Clean Water Act and 11 the like; and 12 WHEREAS, the Committee gave its report and recommendation to City Council on March II 7,200O; and 13 14 WHEREAS, City Council directed staff to evaluate the report and return to Council with recommendations for implementation; and 15 16 WHEREAS, staff has completed its analysis and has developed associated policy changes and implementation strategies for the Committee’s recommendation; and 17 WHEREAS, said policy changes and recommendations are submitted by staff for Council 18 consideration and acceptance. 19 WHEREAS, City Council agrees with certain policy changes and implementation strategies 2o presented in the Staff Analysis of Street & Sidewalk Recommendations. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 23 ill 26 ill 27 ill 28 ill 1. That the above recitations are true and correct. 1 2. The City Council hereby responds to the recommendations presented herein as 2 follows: 3 4 5 A. Street & Sidewalk Committee Recommendation No. 1: General Plan Amendment Council Response 6 7 Council hereby refers committee recommendation to Planning Department for consideration in the annual review of the General Plan and other ongoing study eff arts. 8 9 10 11 B. Street 81 Sidewalk Committee Recommendation No. 2: Sound Walls Council Resoonse 12 13 14 Council hereby directs staff to monitor the environmental review process of the Caltrans l-5 widening project and advise council on appropriate measures to mitigate sound impacts. 15 16 17 18 C. Street & Sidewalk Committee Recommendation No. 3 Underground Utilities Council Response 19 20 Council hereby directs staff to review the Underground Utilities Program and return to Council on the existing status of the program and options for accelerating undergrounding during Fiscal Year 2000-2001. 21 22 23 24 D. Street & Sidewalk Committee Recommendation No. 4 Traffic Calming Council Response 25 26 Council hereby directs the Residential Traffic Management Program Committee to review and respond to this issue as part of their work program. 27 \\\ 28 \\\ \\\ I E. Street & Sidewalk Committee Recommendation No. 8 2 Dedications 3 Council Response 4 Council directs staff that at such time as rights-of-way are found to be in excess 5 of that required, the excess will be presented to Council to be quitclaimed. 6 7 F. Street & Sidewalk Committee Recommendation No. 10 8 9 Future Improvement Agreements Council Response 10 11 Council hereby directs staff to issue building permit applicants a notification of 12 potential improvement or “Neighborhood Improvement Agreement” obligation at receipt of the building permit application. G. Adopt “Neighborhood Improvement Agreement” Council hereby approves and adopts the “Neighborhood Improvement Agreement”. Changes to this agreement may be made with approval of the City Attorney. 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council II held on the 25th day of July , 2000 by the following vote, to wit: 19 embers Lewis, Hall, Finnila, 21 22 23 24 II Nygaard, and Kulchin &%$$m=zL . OOD, City Clerk 28 STAFF ANALYSIS OF STREET & SIDEWALK POLICY COMMITTEE RECOMMENDATIONS June27.2000 GENERAL PLAN AMENDMENT 1. The Committee recommends that a General Plan Amendment be considered to reflect a slowdown and management of growth in the Northwest Quadrant. Lot size and densities will be an element of this amendment. The Committee recommends an adoption of a philosophy distinguishing the Northwest Quadrant as a unique, quaint, and special community. This philosophy would recognize the necessity for the protection and preservation of the qualities unique to each area. These qualities to include, but not be exclusive of: tree-lined narrower meandering streets, alternative pedestrian pathways, traffic calming and parking options. Special attention to the quality of life the residents have come to expect as delineated in the Municipal Code current ordinance Section 18.40. Dedications and Improvements. Specifically section 1~8.40.100 waiver or modifications. “The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neiqhborhood and to avoid unreasonable interference with such things as trees, wall, yards and open space. STAFF RESPON.SE This recommendation deals with a number of issues that are being addressed in ongoing work programs. The Planning Department recently completed a report on infill development. The Council has initiated a Residential Traffic Management Program. Ongoing studies are dealing with the Planned Development Ordinance with a focus on street standard options and walkable communities. The references to Section .18.40.100 are dealt with through the Alternative Design process. Approval of the Alternative Design Process may create an acceptable do- nothing option here. Growth management is a facility-based program adopted through a vote of the City. Revisions to growth management would require a vote of the citizens. It is staffs recommendation that concerns raised in this recommendation be referred to ongoing Planning efforts and the annual General Plan Review Process. SOUND WALLS 2. The Committee recommends sound walls on freeways, 1) City should begin negotiating with Caltrans for construction of soundwalls as part of freeway widening, and 2) City (or Caltrans) should construct sound walls where no freeway widening is anticipated. STAFF RESPONSE ’ Caltrans has begun a project to widen Interstate 5 from Del Mar through Oceanside. Current funding for the project will provide for freeway widening to Palomar Airport Road. Caltrans anticipates appropriating funds for the remainder of widening north of 1 Palomar Airport Road within the next few years. Caltrans anticipates beginning a five- year environmental review process for the entire project in the Summer of 2000. This will be followed by a two-year design phase before construction, which is set to begin in 2007-08. The project is estimated to be complete by the year 2020. Caltrans conducted a preliminary noise study in 1993 that identified nine potential soundwall locations along l-5 through the City of Carlsbad. Caltrans will engage in additional noise studies estimated to take place during the second year of the environmental review (2001-02). Caltrans anticipates revisiting the preliminary soundwall locations, as well as any additional recommendations developed during the process. All noise studies conducted by Galtrans will include public meetings and public hearings regarding noise abatement and the construction of soundwalls along the l-5 corridor. Caltrans will coordinate with affected cities, neighborhoods, and residences to ensure that the public has an opportunity to participate in determining whether the structures are necessary, reasonable, and feasible. Final locations for soundwalls to be constructed as part of the freeway widening project will not be determined until the completion of the noise study portion of the environmental review in 2001-02. Soundwalls should not be constructed in advance of the widening project. It is appropriate to defer this issue to be addressed as a part of the widening environmental process. UNDERGROUND UTILITIES 3. The committee recommends that “The Council direct staff to explore alternative funding approaches to accelerate the undergrounding of overhead utilities”. STAFF RESPONSE . Staff recommends that Council request staff to review the Underground Utilities Program and return to Council on the existing status of the program and options for accelerating the undergrounding program. . TRAFFIC CALMING 7” - s - <. 4. The Committee recommends: a. Based upon our review of the current state-of-the-art street design in other communities, the Committee recommends that instead of a single standard, the City of Carlsbad utilize different design methodologies committed to preserving the existing nature and character of each neighborhood. b. “Based upon the public testimony we have heard, the Committee has found that one of the most important concerns to the residents of “Olde Carlsbad” is excessive traffic speed. Vehicular traffic speed should be calmed using the state-of-the-art design methods, such as traffic lane narrowing, pseudo-shoulders, improved signage, textured paving, rumble strips, Botts’ Dots’, Traffic-Circles, and Elephant Ears.” STAFF RESPONSE Staff would recommend that the Street & Sidewalk Committee Final Report be distributed to the Residential Traffic Management Committee. 5. The committee encourages the City Council to form a Traffic Calming Committee as a follow-up to this committee’s efforts. STAFF RESPONSE Council has appointed a Residential Traffic Management Committee to explore traffic calming measures. DEDICATIONS 6. The Committee recommends that the Council adjust the Municipal Code requirement to dedicate rights-of-way as a condition of a building permit exceeding $10,000 in building permit by indexing the threshold from 1992 to increases in the International Conference of Building Officials (ICBO) valuation amount. STAFF RESPONSE Staff concurs in this recommendation. This has been incorporated into the ordinance for adoption. 7. The Committee recommends that street right-of-way dedication be required only for building permits that create new residential dwelling units. Residential remodels would be exempt from the requirement. STAFF RESPONSE State law and generally accepted practice recognizes the obligation of each property owner to provide frontage rights-of-way and improvements to access property and provide continuity for the provision of services to the neighborhood and the community as a whole. These dedications need to be consistent with accepted City standards, unless they are modified by specific Council action. Consistent with committee recommendation number 8, at such time as Alternative Design is adopted identifying a reduced right-of-way requirement, the excess dedication can be returned. Staff recommends that right-of-way dedications be retained on residential remodels, but the threshold be increased to $15,000 and be indexed consistent with recommendation number 6. Staff would further recommend that the Code be revised to allow irrevocable offers of dedication to be executed. This would allow the owner to retain title to the land until the rights-of-way are actually needed for construction of improvements. Staff’s recommendation has been incorporated into the ordinance for adoption. 8. The Committee recommends that at such time as rights-of-way are found to be in excess of that required, the excess will be quitclaimed. STAFF RESPONSE This recommendation is consistent with current City practice. Staff supports this recommendation. 3 23 FUTURE IMPROVEMENT AGREEMENTS 9. The Committee recommends that Future Improvement Agreements apply to only new construction. Remodeling of existing residential dwelling units would be exempt from improvement requirements. STAFF RESPONSE As with the dedication requirement, frontage improvements are commonly recognized as a property owner obligation. To the extent that improvements are inadequate to meet the needs of the neighborhood and the community as a whole, the Council needs a mechanism to ensure the ability to gain property owner participation should improvements be required. Past practice of the City has been to obtain Future Improvement Agreements (FIA’s). These documents establish a lien obligation on the property and require installation of improvements upon demand of the City. The FIA represents a lien on the property, is recorded and runs with the property. FIA’s have been invoked in conjunction with City improvement projects. This has given rise to an equity concern that some citizens have been required to install and pay for improvements through FIAs, while their neighbors may not have been required to pay. A more equitable approach would be to form assessment districts and spread the cost equitably throughout the block. This approach is more consistent with a general obligation for all property owners, will allow a more equitable distribution where an alternative design varies for different frontages and would better lend itself to payment for improvements over time. Staff working with an assessment attorney has developed a “Neighborhood Improvement Agreement”. Under this agreement, the building permit applicant agrees to not protest the formation of an assessment district on their block and to pay their fair share of improvements. . This approach has the advantage of a more equitable distribution of cost and a reduction of cost to the City as a whole, but it will require an extensive public process to define and install needed improvements. In some instances, this may be very difficult to accomplish and frustrate needed improvements. Staff recommends that the former Future Improvement Agreement be replaced with a “Neighborhood Improvement Agreement”, that improvement requirements continue to be recognized for residential remodels, and that agreements be required when permits exceed $75,000 in building permit valuation. This amount to be indexed to changes in the ICBO valuation schedule. $75,000 is an increase over the existing $50,000. This recommendation has been incorporated into the ordinance for adoption. 10. The Committee recommends that building permit applicants be issued a notification of potential improvement or Future Improvement Agreement obligation at receipt of the building permit application. STAFF RESPONSE Staff supports this recommendation. 4 .’ 11 12. 13. The Committee recommends Future Improvement Agreements be made subordinate to homeowner’s mortgages or trust deed financing at present and in the future. Staff will review language with the City Attorney’s office to make sure that the agreement is subordinate to trust deeds. STAFF RESPONSE Should the FIA continue, staff supports this recommendation to revise the language to make that intent clear. The intent is consistent with current pra!tice. The Committee recommends that property owners be given 90 days to respond to demands to comply with Future Improvement Agreements rather than 30 days as currently contained in the agreement. STAFF RESPONSE If the FIA is retained, staff supports this recommendation. The Committee recommends the cost of all improvements be equitably allocated among all of the beneficiaries, and that no FIA exceed the property owner’s fair share of the improvement cost ‘ STAFF RESPONSE Staff supports this recommendation. Assessment proceedings will assist in ensuring that this intent is cemplied with. 14. The Committee recommends that the City retain its current policy of not building isolated improvements to curbs and sidewalks. The Committee recommends that the portion of Section 18.40.070 as amended in November 1999 pertaining to the policy regarding the deferral of improvement requirements remain as the permanent policy after the building moratorium has been lifted. STAFF RESPONSE Staff supports this recommendation and would recommend that Municipal Code section 18.40.070, Deferral of Improvement Requirements, be amended by the addition of (5) and (6) to read: (5) “Improvement would be to a street designated by Resolution of the City Council as an ‘Alternative Design Street’ and subject to the ‘Alternative Street Design Approval Process”‘, and, (6) “Improvements are not continuous with existing improvements and construction would be impractical.” The revised code section presented for Council action includes this section for Council adoption. 5 - - STAFF REPORT DEDICATION, IMPROVEMENTS AND FUTURE IMPROVEMENT AGREEMENT I SURVEY RESULTS PURPOSE OF THE SURVEY To determine how other agencies address the issues of dedications of right-of-way, improvement requirements and future improvement agreements (FIA). AGENCIES SURVEYED Staff was asked to survey all San Diego County agencies and three municipalities in each of Riverside County, Orange County and the rest of California (See attached Survey Results for exact agencies used). Agencies surveyed outside San Diego County (except City of Riverside) were surveyed based one or more of the following factors: 1. Agency population was similar to the City of Carlsbad at either current or estimated buildout 2. Agency showed greater than 25% estimated population growth since 1990 ’ Note: Not all agencies surveyed outside San Diego County responded. Only agencies that responded to survey were included in the survey results. INFORMATION REQUESTED Staff asked each agency if they required dedication of right-of-way, improvements or future improvement agreements as a condition to the issuance of building permits, similarto Cartsbad or otherwise. Each agency was given a copy the City of Carlsbad Municipal Code Chapter 18.40 to assist in making these determinations. INFORMATION PROVIDED Most agencies responded that they do require dedication of right-of-way, improvements or FlAs as a condition to the issuance of a building permit. However, most of the agencies also reported a variety of differing conditions for any of these requirements. Some agencies always require dedication while others never require dedication. Certain agencies place requirements on all residential development, while others only on “new” residential development. In a few agencies certain types or sizes of structures were exempt from dedication and improvement requirements while in others no structures were exempt (See attached Survey Results). The results of this survey do not supp$rt either requirement of or exemption from dedicatiotls, improvements of future improvement agreements. The results of the survey simply provide a true variety of how different public agencies address the issues of dedications of right-of-way, improvement requirements and future improvement agreements. The committee should be able to use the information presented to determine how best to recommend related policy changes to City Council as these issues pertain to the City of Cartsbad. ’ Population data was gathered from the Historical CitvKountv Podation Estimates. 1991-1999. with 1990 Census Counts: California Department ofFinance. Demographic Research Unit. I I 6.500 - Clean Department of Public Works CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Space above this line for Recorder’s use. CITY OF CARLSBAD NEIGHBORHOOD IMPROVEMENT AGREEMENT Permit No. Parcel No. NIA No. THIS AGREEMENT (the “Agreement”) is made this day of 7 20-by and between the City of Carlsbad, a municipal corporation (the “City”), and (the “Owner”). RECITALS 1. Owner is the owner of real property located in the City of Carlsbad, California and described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”). 2. Owner has applied to the City for issuance of the above identified permit to authorize the development of the Property (the “Development Permit”). 3. The City has determined that additional public improvements may be necessary in the future in order to allow Owner to proceed with development and, therefore, the Property would be suitable for development as requested by Owner if certain public improvements as described in Exhibit B attached hereto and incorporated herein by this reference (the “Improvements”) are constructed. 1 I 6.500 - Clean 4. The Municipal Code of the City of Carlsbad requires the dedication of the necessary rights-of-way for and the construction by Owner of the Improvements or an agreement for the same for certain developments as a condition of approval of the Development Permit for certain building projects such as that proposed by owner. 5. The Owner has requested that the City approve the Development Permit prior the construction of the Improvements. 6. The City is willing to approve the Development Permit prior to the construction of the Improvements as requested by the Owner if Owner approves of and consents to the formation of an assessment district to include the Property for the purpose of financing the construction of the Improvements. 7. No assessment district shall be formed until completion of the Alternative Streets Design process adopted by resolution of the City Council. NOW, THEREFORE, IT IS AGREED between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. City’s Obligations. The City shall approve the Development Permit promptly following the execution of this Agreement by the Owner and compliance with all applicable City ordinances and other requirements, Section 3. Owner’s Obligations. Section 3.01. Owner’s Consent to and Approval of Formation of an Assessment District and Levv of Assessments. In consideration for the approval of the Development Permit prior to the completion of the construction of the Improvements, Owner hereby consents to and approves of: A. the inclusion of the Property in an assessment district which may be formed by the City Council of the City for the purpose of financing the construction of the Improvements (the “Assessment District”); B. the levy of an assessment against the Property (the “Assessment”) in an amount not to exceed the estimated cost of construction of the Improvements, together with the estimated incidental costs of such construction and the estimated costs of formation of the Assessment District and issuance of any bonds to be issued to represent the Assessment. The foregoing costs constituting the Assessment are set forth in Exhibit C attached hereto and incorporated herein by this reference. The Assessment shall be subject to adjustment for inflation from the date first written hereinabove until the date the Assessment is confirmed and levied by the increase in the Construction Cost Index for Los Angeles as contained in the Engineering News Record or, if the Construction Cost Index for Los Angeles is no longer published, an equivalent index reasonably selected by the City Engineer. In granting the consents and approvals set forth in this 2 . 6.5.00 - Clean Section 3., Owner is acting for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees and intends that such consents and approvals shall be binding upon each and every such person. Except as otherwise provided for in this Agreement, the consents and approvals given by Owner shall be irrevocable. Section 3.02 Owner’s Grant of a Proxy to the Citv for Assessment Ballot Procedure. Owner hereby grants to the City a proxy to act for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees for the limited purpose of completing and submitting an assessment ballot in support of the levy of the Assessment in the proceedings to form the Assessment District. In granting such proxy, Owner is acting for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees and intends that such proxy shall be binding upon each and every such person. Except as otherwise provided for in this Agreement, the proxy granted by Owner shall be irrevocable. Section 4. Owner’s Representations and Waiver of Rights. Section 4.01 follows: Owner’s Representations. Owner hereby represents as A. Owner understands and acknowledges that: 1. Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (Article XIIID and the Implementation Act may be referred to collectively as the “Assessment Law”) establish certain procedures and requirements which apply when any agency such as the City considers the levy of assessments upon real property. 2. The requirements established by the Assessment Law include the following: a. The proportionate special benefit derived by each parcel to be assessed must be determined in relationship to the entirety of the capital cost of the improvement for which the assessment is to be levied; b. No assessment may be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel from the improvement for which the assessment is to be levied; I 6.5.00 - Clean C. Only special benefits are assessable; and d. Parcels within an assessment district that are owned or used by any agency, the State of California or the United States of America shall not be exempt from assessment unless the agency proposing to levy the assessment can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit from the improvement for which the assessment is being levied. 3. The procedures established by the Assessment Law include: a. The agency which proposes to levy an assessment (the “Agency”) shall identify all parcels which will have a special benefit conferred upon them from the improvement for which the assessment is proposed to be levied and upon which an assessment is proposed to be imposed. b. All assessments must be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California. C. Prior to levying a new assessment, the Agency must give written notice by mail (the “Assessment Notice”) to the record owner, i.e., the owner of a parcel whose name and address appears on the last equalized secured property tax roll, of each parcel proposed to be assessed. The Assessment Notice must include: (i) the total amount of the proposed assessment chargeable to the entire assessment district, (ii) the amount chargeable to the record owner’s parcel, (iii) the duration of the assessment payments, (iv) the reason for the assessment, (v) the basis on which the amount of the proposed assessment was calculated, and (vi) the date, time and location of a public hearing on the proposed assessment. d. The Assessment Notice must contain an assessment ballot that includes a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. The Assessment Notice must also include, in a conspicuous place, a summary of the procedures for the completion, return and tabulation of assessment ballots. e. At the time, date and place stated in the Assessment Notice, the Agency shall conduct a public hearing upon the proposed assessment. At such public hearing, the Agency shall consider all objections or protests, if any, to the proposed assessment. At such 4 I 6.5.00 - Clean public hearing, any interested person shall be permitted to present written or oral testimony. f. At the conclusion of the public hearing, the Agency shall tabulate the assessment ballots submitted, and not withdrawn, in support or opposition to the proposed assessment. If there is a majority protest against the imposition of a new assessments, the Agency may not impose the assessment. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment. In tabulating the assessment ballots, the assessment ballots shall be weighted by the amount of the proposed assessment to be imposed upon each parcel for which an assessment ballot was submitted. 4. The description of the requirements and procedures established by and contained in the Assessment Law set forth above are intended only to summarize certain of such requirements and procedures. 5. The City would not agree to issue the Development Permit prior to the construction of the Improvements unless the City is assured that it will be legally able to impose the Assessment on the Property. The assurance of the City’s legal ability to impose the Assessment on the Property is both a material inducement to and a material consideration for the City to enter into this Agreement and agree to issue the Development Permit prior to the construction of the Improvements. B. Owner has had a reasonable opportunity to thoroughly read and review the Assessment Law in its entirety and has further had a reasonable opportunity to consult with Owner’s attorney regarding the Assessment Law and the terms and conditions of this Agreement. Section 4.02 Waiver of Riahts A. In consideration of the approval by the City of the Development Permit prior to the construction of the Improvements, Owner hereby waives Owner’s rights under the Assessment Law to: 1. object or protest the ordering by the City of the construction of the Improvements and the imposition of the Assessment at such public hearing so long as the amount of the Assessment does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; 2. submit an assessment ballot in support of or in opposition to the imposition of the Assessment so long as the amount of the Assessment 5 33 . 6.5.00 - Clean does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; and 3. file or bring any protest, complaint or legal action of any nature whatsoever challenging the validity of the proceedings to form the Assessment District and/or the validity of the imposition of the Assessment on the Property. B. In order that the City may be assured of its ability to legally impose the Assessment on the Property and, therefore, be willing to enter into this Agreement and agree to approve the Development Permit prior to the construction of the Improvements, Owner represents and warrants that Owner has knowingly, intelligently and voluntarily waived for and on behalf of Owner, Owner’s successors, heirs, assigns and/or transferees, each and every one of the rights specified in Section 4.02A above. C. Nothing in this waiver of rights section is intended to waive the owner’s ability to participate in Alternative Streets Design process. Section 5. Alternative Satisfaction of Owner’s Obligations Owner’s obligations under Section 3 above may be satisfied by paying the amount set forth in Exhibit “C” adjusted for inflation at any time prior to the formation of the assessment in which case a release of this Agreement shall be recorded in the office of the San Diego County Recorder. Section 6. General Provisions. Section 6.01 Conflict with Other Aqreements or Requirements of the Citv. Except as specifically provided in this Agreement, nothing contained herein shall be construed as releasing Owner from any condition of development of the Property or requirement imposed by any other agreement with or requirement of the City. Section 6.02 General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. Section 6.03 Entire Aqreement; Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. I 6.5.00 - Clean Section 6.04 Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Owner: City: City of Carlsbad Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. Section 6.05 Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 6.06 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 6.07 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. Section 6.08 Sinqular and Plural: Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. Section 6.09 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 6.10 Construction of Aqreement. This Agreement has been reviewed by legal counsel for both the City and the Owner and shall be deemed for all purposes to have been jointly drafted by the City and the Owner. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. 7 3 4 I 6.5.06 - Clean Section 6.11 Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. Section 6.12 Authoritv of Sionatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. Section 7. Covenant Runnino with the Land. The parties hereto intend that the burdens and obligations of the Owner under Section 3 above constitute a covenant running with the land and that such covenant shall be binding upon all transferees of the Property. [End of page. Next page is signature page.] + 6.5.00 - Clean [Signature page] CITY OF CARLSBAD, A municipal corporation of the State of California RAYMOND R. PATCHETT City Manager By: LLOYD B. HUBBS, P.E. Public Works Director AbPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney S-l a 6.5.00 - Clean - [Signature Page Continued] Signed by the Owner this day of ,a3 OWNER: By: (Sign here.) (Print name here) (Title and organization of signatory) By: (Sign here.) (Print name here) (Title and organization of signatory) (Proper notary acknowledgement of execution by Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, a corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) s-2 I 6.5.00 - Clean EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A -1 1 6.5.00 - Clean EXHIBIT B DESCRIPTION OF THE IMPROVEMENTS B -1 . 1 6.5.00 - Clean EXHIBIT C THE ASSESSMENT c -1 * - 6.5.00 - Clean Department of Public Works CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 REDLINED VERSION Space above this line for Recorder’s use. CITY OF CARLSBAD Permit No. Parcel No. NIA No. THIS AGREEMENT (the “Agreement”) is made this day of , 20-by and between the City of Carlsbad, a municipal corporation (the ‘City”), and (the “Owner”). RECITALS 1. Owner is the owner of real property located in the City of Carlsbad, California and described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”). 2. Owner has applied to the City for issuance of the above identified permit to authorize the development of the Property (the “Development Permit”). 3. The City has determined that additional public improvements B . L ‘.“f L : 1 j jl‘*ql I’ &iJiii pp j j a:a~~f~i;‘a~~~~~~~~~~~~~~~~~~~t~ may be necessary in the future in or&r to allow Owner to proceed with development and, therefore, the Property would be suitable for development as requested by Owner if certain public improvements as described in Exhibit B attached hereto and incorporated herein by this 1 . I 6.5.00 - Clean reference (the “Improvements”) are constructed< ‘{The Municipal Code of the City of Carlsbad requires either the dedication of the necessary rights-of-way for and the construction by Owner of the Improvements or an agreement for the same for certain developments as a condition of ’ i <I* .I,!“]‘i,l )f t f f ! i$i / @ approval of the Development Permit t~~~s~~~~~~iir~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~,~~~~~~~~ 5. The Owner has requested that the City approve the Development Permit prior the construction of the Improvements. 6. The City is willing to approve the Development Permit prior to the construction of the Improvements as requested by the Owner if Owner m and consents to the formation of an assessment district to include the Property for the purpose of financing the construction of the Improvements. NOW, THEREFORE, IT IS AGREED between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. City’s Obligations. The City shall approve the Development Permit promptly following )kn: . . B. g Section 3. Owner’s Obligations. Section 3.01. Owner’s Consent to and Approval of Formation of an Assessment District and Levv of Assessments. In consideration for the approval of the Development Permit prior to the completion of the construction of the Improvements, Owner hereby consents to and approves of: A. the inclusion of the Property in an assessment district which may be formed by the City Council of the City for the purpose of financing the construction of the Improvements (the “Assessment District”); 2 - 6.5.00 - Clean B. the levy of an assessment against the Property (the “Assessment”) in an amount not to exceed the estimated cost of construction of the Improvements, together with the estimated incidental costs of such construction and the estimated costs of formation of the Assessment District and issuance of any bonds to be issued to represent the Assessment. The foregoing costs constituting the Assessment are set forth in Exhibit C attached hereto and incorporated herein by this reference. The Assessment shall be subject to adjustment for inflation from the date first written hereinabove until the date the Assessment is confirmed and levied by the increase in the Construction Cost 4&s-t Index for Los Angeles as contained in the Engineering News Record or, if the Construction Cost Index for Los Angeles is no longer published, an equivalent index reasonably selected by the City Engineer. In granting the consents and approvals set forth in this Section 3., Owner is acting for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees and intends that such consents and approvals shall be binding upon each and every such person. Except as otherwise provided for in this Agreement, the consents and approvals given by Owner shall be irrevocable. Section 3.02 Owner’s Grant of a Proxy to the Citv for Assessment Ballot Procedure. Owner hereby grants to the City a proxy to act for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees for the limited purpose of completing and submitting an assessment ballot in support of the levy of the Assessment in the proceedings to form the Assessment District. In granting such proxy, Owner is acting for and on behalf of Owner, the Owner’s successors, heirs, assigns, and/or transferees and intends that such proxy shall be binding upon each and every such person. Except as otherwise provided for in this Agreement, the proxy granted by Owner shall be irrevocable. Section 4. Owner’s Representations and Waiver of Rights. Section 4.01 follows: Owner’s Representations. Owner hereby represents as A. Owner understands and acknowledges that: 1. Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (Article XIIID and the Implementation Act may be referred to collectively as the “Assessment Law”) establish certain procedures and requirements which apply when any agency such as the City considers the levy of assessments upon real property. 2. The requirements established by the Assessment Law include the following: 3 . 6.5.00 - Clean C 3. a. The proportionate special benefit derived by each parcel to be assessed must be determined in relationship to the entirety of the capital cost of the improvement for which the assessment is to be levied; b. No assessment may be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel from the improvement for which the assessment is to be levied; C. Only special benefits are assessable; and d. Parcels within an assessment district that are owned or used by any agency, the State of California or the United States of America shall not be exempt from assessment unless the agency proposing to levy the assessment can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit from the improvement for which the assessment is being levied. The procedures established by the Assessment Law include: a. The agency which proposes to levy an assessment (the “Agency”) shall identify all parcels which will have a special benefit conferred upon them from the improvement for which the assessment is proposed to be levied and upon which an assessment is proposed to be imposed. b. All assessments must be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California. C. Prior to levying a new assessment , the Agency must give written notice by mail (the “Assessment Notice”) to the record owner, i.e., the owner of a parcel whose name and address appears on the last equalized secured property tax roll, of each parcel proposed to be assessed. The Assessment Notice must include: (i) the total amount of the proposed assessment chargeable to the entire assessment district, (ii) the amount chargeable to the record owner’s parcel, (iii) the duration of the assessment payments, (iv) the reason for the assessment, (v) the basis on which the amount of the proposed assessment was calculated, and (vi) the date, time and location of a public hearing on the proposed assessment. d. The Assessment Notice must contain an assessment ballot that includes a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of 4 I 6.500 - Clean the parcel, and his or her support or opposition to the proposed assessment. The Assessment Notice must also include, in a conspicuous place, a summary of the procedures for the completion, return and tabulation of assessment ballots. e. At the time, date and place stated in the Assessment Notice, the Agency shall conduct a public hearing upon the proposed assessment. At such public hearing, the Agency shall consider all objections or protests, if any, to the proposed assessment. At such public hearing, any interested person shall be permitted to present written or oral testimony. f. At the conclusion of the public hearing, the Agency shall tabulate the assessment ballots submitted, and not withdrawn, in support or opposition to the proposed assessment. If there is a majority protest against the imposition of a new assessments, the Agency may not impose the assessment. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment. In tabulating the assessment ballots, the assessment ballots shall be weighted by the amount of the proposed assessment to be imposed upon each parcel for which an assessment ballot was submitted. 4. The description of the requirements and procedures established by and contained in the Assessment Law set forth above are intended only to summarize certain of such requirements and procedures. 5. The City would not agree to issue the Development Permit prior to the construction of the Improvements unless the City is assured that it will be legally able to impose the Assessment on the Property. The assurance of the City’s legal ability to impose the Assessment on the Property is both a material inducement to and a material consideration for the City to enter into this Agreement and agree to issue the Development Permit prior to the construction of the Improvements. 6. Owner has had a reasonable opportunity to thoroughly read and review the Assessment Law in its entirety and has further had a reasonable opportunity to consult with Owner’s attorney regarding the Assessment Law and the terms and conditions of this Agreement. Section 4.02 Waiver of Riahts A. In consideration of the approval by the City of the Development Permit prior to the construction of the Improvements, Owner hereby waives Owner’s rights under the Assessment Law to: 5 I 6.5.00 - Clean 1. object or protest the ordering by the City of the construction of the Improvements and the imposition of the Assessment at such public hearing so long as the amount of the Assessment does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; 2. submit an assessment ballot in support of or in opposition to the imposition of the Assessment so long as the amount of the Assessment does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; and 3. file or bring any protest, complaint or legal action of any nature whatsoever challenging the validity of the proceedings to form the Assessment District and/or the validity of the imposition of the Assessment on the Property. B. In order that the City may be assured of its ability to legally impose the Assessment on the Property and, therefore, be willing to enter into this Agreement and agree to approve the Development Permit prior to the construction of the Improvements, Owner represents and warrants that Owner has knowingly, intelligently and voluntarily waived for and on behalf of Owner, Owner’s successors, heirs, assigns and/or transferees, each and every one of the rights specified in Section 4.02A above. Section 5. Alternative Satisfaction of Owner’s Obligations Owner’s obligations under Section 3 above may be 3 6 I 6.5.00 - Clean Section 6. General Provisions. Section 6.01 Conflict with Other Agreements or Requirements of the Citv. Except as specifically provided in this Agreement, nothing contained herein shall be construed as releasing Owner from any condition of development of the Property or requirement imposed by any other agreement with or requirement of the City. Section 6.02 General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. Section 6.03 Entire Aqreement; Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. Section 6.04 Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Owner: City: City of Carlsbad Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. Section 6.05 Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 7 I 6.5.00 - Clean Section 6.06 Governinq Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 6.07 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. Section 6.08 Sinqular and Plural: Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. Section 6.09 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 6.10 Construction of Aqreement. This Agreement has been reviewed by legal counsel for both the City and the Owner and shall be deemed for all purposes to have been jointly drafted by the City and the Owner. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. Section 6.11 Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. Section 6.12 Authority of Siqnatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. 8 I 6.5.00 - Clean Section 7. Covenant Runninq with the Land. The parties hereto intend that the burdens and obligations of the Owner under Section 3 above constitute a covenant running with the land and that such covenant shall be binding upon all transferees of the Property. [End of page. Next page is signature page.] 9 1 6.5.00 - Clean C [Signature page] CITY OF CARLSBAD, A municipal corporation of the State of California RAYMOND R. PATCHETT City Manager By: LLOYD B. HUBBS, P.E. Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney S-l I 6.5.00 - Clean - [Signature Page Continued] Signed by the Owner this day of . OWNER: ,20 By: (Sign here.) (Print name here) (Title and organization of signatory) By: (Sign here.) (Print name here) (Title and organization of signatory) (Proper notary acknowledgement of execution by Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, a corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) s-2 I 6.5.00 - Clean EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A -1 I 6.5.00 - Clean EXHIBIT B DESCRIPTION OF THE IMPROVEMENTS B -1 55 ’ 6.5.00 - Clean EXHIBIT C THE ASSESSMENT c -1 +f 11 ’ . ‘Mp McBane ‘-. 7-35-m 2691 Crest Drive Carlsbad fix3 /s,im ac Good Evening: 97 I come before you tonight to again express my concerns. I cannot believe this Council would knowingly undertake such a blatant attack upon the civil and property rights of its citizens. I want you and all the people watching out there to know that the legislation you are about to act on requires &&Property Owners to: 1. Grant” . . . to the City a [perpetual] proxy to act for and on behalf of Owner, [and] the Owners successors.. .‘. You take away our right to vote. 2. Waive Owner’s “. ..rights... to: object or protest the ordering by the City of the construction of the [street] improvements.. .” at Owner’s expense. You tax us without representation. 3. Waive Owner’s “. . .rights.. . to... support... opposition to the.. . Assessment.. . ” 4. Waive Owner’s ‘. ..rights. . . to: . . . bring any protest, complaint or legal action of any nature whatsoever.” You require us to waive our constitutional rights to participate in the legal and governmental processes. This is such an audacious usurpation of power, I would like to read the requirements, quoted from the Neighborhood Improvement Agreement you are approving tonight one more time. You will be requiring Homeowners to: 1. Grant ” . . . to the City a [perpetual] proxy to act for and [vote] on behalf of Owner, [and] the Owners successors,. .“. You take away our right to vote. 2. Waive Owner’s “. . .rights.. . to: object or protest the ordering by the City of the construction of the [street] improvements...” at Owner’s expense. You tax us without representation. 3. Waive Owner’s ‘. . . rights.. . to.. . support. . . opposition to the. . . Assessment.. .” 4. Waive Owners *. . .rights. . . to: . . . bring any protest, complaint or legal action of any nature whatsoever.” You require us to waive our constitutional . rights to participate in the legal and governmental process. And once you have taken our right to vote’away from us, you will have the power to strip the equity of other homeowners citywide. Homeowners for whom the investment in their homes is the backbone of their personal financial security. Strip them of their equity in order to pay for so-called “improvements” they don’t want, don’t need, and cannot afford to pay for. a 11 /&a /s; 834 7-b?5flo jg, % cz 7 JIM KING COMMENTS TO CARLSBAD CITY COUNCIL TW25*,2Qoo Afwhe~athelo6t~coulcit~the-centwdmis6uasof u&y mHaimms.Tt#~W~eaaily~.T’he~danebyti . cxnnmdbsbowedthat~~tn’okbmt&ed”hadthebweet fMddm#xidadratsin~.2aoin#ve~.~6oo#xnsdinIhs 8amepefodtn Ihsmwi~~ofCabbad.Thi8~i8~~ wlmre~ilhanthr4wide~have~-mteethannarowonee. Thealhrmrpluuewa6’~“88aQpCsdtottle~of-dfontat f4xltapndwhopoidthe~ofstclsQand-.concunw8eexpreewd dlout*itm fa&wfathe -topay faf*@etIwId-in~ oftheirgtopatya~tho~as 8gwp8tloutdpey. t+omemmCdD~8oimpowrWhomse .~caulAccommodets them- buthomeamrDuvhomhouaswrsWtoa~~ti blxdcw Cwndmdttlueb~fromimQrovinOtheihome.Thiei8 pmtiaHyunfairifIhsdsdcalionrsquismsntisboeedonadsdrotoexpwflhe ~toaaocdkdstsndadwidh~the+ablicdosendramdslynrquirethat widlh. Janjce Brhitenfeld - Street & Sidewalk St - Report (Attorney) td Council 7-25OO.ppt - Pgge i ,----~_I__...-.~-..-~~ --..__ .-.-A--- ---. ~~-.-._~__ .__._ + 7 -as-o0 depot-i (Attknei) to Cound 7-2%Ob.ppt ‘- “ ,‘ , Page 2 .A_-1 c @hey) ,,,>..<>r --““FT7 - tdcouncii 7-25-00.~ Pa& 3