HomeMy WebLinkAbout2000-07-25; City Council; 15830; Street & Sidewalk Policy Committee Recommendations‘c *
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\- ./ 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%=
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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.
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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:
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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.
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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
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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.
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SECTION 4: That Section 18.40.040 of the Carlsbad Municipal Code is amended to
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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
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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
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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.
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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:
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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.
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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.
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(I II Ordinance No. NS-555 page 3 of 4
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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
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/‘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;
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(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.
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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
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(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.
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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:
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7 18.40.030 Dedications required.
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(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
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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.
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(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
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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.
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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
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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
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the like; and
WHEREAS, the Committee gave its report and recommendation to City Council on March
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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
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follows:
SECTION 1. That the above recitations are true and correct.
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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.
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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
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published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
6 (15) days after its adoption.
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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
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OOD, City Clerk
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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.
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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.
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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.]
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[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
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[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.)
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
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EXHIBIT B
DESCRIPTION OF THE IMPROVEMENTS
B -1
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EXHIBIT C
THE ASSESSMENT
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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
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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”);
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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:
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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
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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:
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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
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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.
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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.
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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
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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
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-
[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
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A -1
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EXHIBIT B
DESCRIPTION OF THE IMPROVEMENTS
B -1
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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
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Janjce Brhitenfeld - Street & Sidewalk St - Report (Attorney) td Council 7-25OO.ppt - Pgge i ,----~_I__...-.~-..-~~ --..__ .-.-A--- ---. ~~-.-._~__ .__._
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