HomeMy WebLinkAboutAB 303; Old World Center; Redevelopment Permits (RP)Citv of Carlsbad
Office of the City Clerk
July 24, 1996
Nicholas C. Banche, Esq.
Post Office Box 390
Oceanside, CA 92049
Re: Wilson/Murphy Joint Use Parking Lot
The Carlsbad Housing and Redevelopment Commission, at its meeting of April 23, 1996,
adopted Resolution No, 278, denying the appeal and revoking approval of Joint Use
Parking Agreement and a 15% reduction for common parking facilities for two existing
retail commercial centers located north of Grand Avenue between Roosevelt Street and
Madison Street in the Village Redevelopment Area.
Enclosed is a recorded copy of Housing and Redevelopment Commission Resolution No.
278 for your files.
r7<A. ^
<SJCAENR
Assistant City Clerk"
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Enclosures
MC
1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619)434-2808 ®
RONALD R. BALL
CITY ATTORNEY
D. RICHARD RUDOLF
ASSISTANT CITY ATTORNEY
JANE MOBALDI
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(619) 434-2891
FAX: (619) 434-8367
July 15, 1996
Nicholas 0. Banche, Esq.
P. O. Box 390
Oceanside, CA 92049
RE: WILSON/MURPHY JOINT USE PARKING LOT
Dear Mr. Banche:
Enclosed, for your files, is a copy ofthe "transcript" ofthe appeal hearing before
the Housing and Redevelopment Commission which the City Clerk has certified
and which was provided to Mr. Murphy per his request.
Very truly yours,
D. RICHARD RUDOLF U)
Assistant City Attomey
rmh
enclosure
City Clerl
®
July 11, 1996
TO: RON BALL, CFTY ATTORNEY
FROM: Lee Rautenkranz, City Qerk
WILSON/MURPHY JOINT USE PARKING LOT
I have had numerous conversations with Mr. Michael Murphy, and I talked with Rich at
the beginning. However, I wanted to let your office know what's happening with that
situation.
I provided Mr. Murphy with a tape of the appeal hearing before the Housing and
Redevelopment Commission. He had an individual type the verbatim transcript fi'om that
tape. I then listened to the tape and corrected the transcript in red ink, and certified it as a
correct transcript with my corrections, and am retuming that original to him.
During our telephone conversation, Mr. Murphy asked me about the timing for filing for
judicial review. I looked at the Municipal Code, and read the section to him about the 90
days. I then looked up the date of the adoption of the Resolution, which was April 23,
1996, and told him that 90 days from April 23"* was July 22'"'.
I have attached a copy of that transcript for your information, and if you have any
questions regarding what has transpired, I'll be happy to explain.
XEE RAUTENiCRANZ
City Clerk
lr
Attachment
Citv of Carlsbad
Office of the City Clerk
May 3, 1996
Mr. Michael Kevin Murphy
630 Grand Avenue
Suite I
Carlsbad, CA 92008
Re: Wilson/Murphy Joint Use Parking Facility
The Carlsbad Housing & Redevelopment Commission, at its meeting
of April 23, 1996, adopted Resolution No. 278, denying the appeal
and revoking approval of a Joint Use Parking Agreement and 15%
reduction for common parking facilities.
Enclosed is a copy of Housing & Redevelopment Commission
Resolution No. 278 for your files.
C^^^REN (R
Assistant Ci
KRR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 • (619)434-2808
City of Carlsbad
Office of the City Clerk
May 3, 1996
Gregory d. Smith
San Diego County Recorder
Post Office Box 1750
San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Certified copy of Housing & Redevelopment Commission
Resolution No. 278.
Wilson/Murphy Joint Use Parking Facility
Also enclosed are instructions on how the city is to be billed
for the recordation fees incurred.
Thank you for your assistance in this matter.
VjCAREkj/. KUNQK, CMC
Assistant City Clerk
Enclosures
1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619)434-2808 ®
April 25,1996
TO: City Clerk
FROM: City Attomey
WILSON/MURPHY JOINT USE PARKING FACILITY - HOUSING AND
REDEVELOPMENT RESOLUTION NO. 278
Piease be kind enough to record the above referenced resolution and send a
conformed copy to Nick Banche for his files. I appreciate your prompt attention to this
matter.
RONALD R. BALL
City Attorney
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c: Nick Banche
^L/SA&UO APRIL 4, I Q96
S^fituUtotv 3}0vtloft^m.0rU .Man«^i4tm«nt
CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION
MAYOR
MR. LEWIS
MAY I INTRODUCE MYSELF. MY NAME IS MICHAEL KEVIN MURPHY. I
AM THE OWNER OF THE OLD WORLD CENTRE. I AM THE MURPHY OF THE
WILSON/MURPHY JOINT USE PARKING FACILITY THAT IS APPEALING THE
REVOCATION OF THE RECIPROCAL PARKING AGREEMENT TO BE HEARD ON
APRIL 9, I 996.
I BESEECH YOU TO REVIEW AND INVESTIGATE THE HISTORY OF THIS
RECIPROCAL PARKING AGREEMENT. THE RESULT WILL DEMONSTFIATE THAT THE
CITY CONDITIONED A CERTIFICATE OF OCCUPANCY ON THE EXECUTION OF A
RECIPROCAL PARKING AGREEMENT. MURPHY AND WILSON SIGNED THE
AGREEMENT. BOTH MURPHY AND WILSON WERE REPRESENTED BY THEIR
RESPECTIVE ATTORNEYS'. WILSON'S' ATTORNEY DID NOT ABROGATE WILSON
FROM SIGNING THE AGREEMENT. WILSON FOUND THE AGREEMENT AUSPICIOUS
AS EVIDENCED BY HIS SIGNATURE. THE CITY REVIEWED THE AGREEMENT,
GRANTED MURPHY A CERTIFICATE OF OCCUPANCY ON APPROXIMATELY
FEBRUARY 17. I 9BO. THEREAFTER THE DOCUMENT WAS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER. IN SEPTEMBER I 9BO, SEVEN MONTHS
AFTER THE CITES' REVIEW OF THE AGREEMENT, WILSON REQUESTED A I 5%
PARKING REDUCTION VIS A VIS THE RECIPROCAL PARKING AGREEMENT. THE
CITY APPROVED THE REQUEST. THE CITY NOW REVOKES THE AGREEMENT
SIXTEEN YEARS LATER.
THIS UNEXPLAINED DELAY AND NEGLECT TO ENFORCE AN ACTION THAT COULD
HAVE BEEN EXECUTED IN I 980. THAT NOW CAUSES MURPHY TO BE
DISADVANTAGED AND DEFENSELESS, , IS AN OBSTRUCTION OF JUSTICE.
THE TAXPAYERS SHOULD LIKE TO KNOW THEY WILL BE FINANCING A VOYAGE
TO COURT TO DEFEND WHY THE CITY FAILED TO TAKE ACTION SIXTEEN YEARS
EARLIER, AND THE RESULT OF CORRECTING WHAT THE CITY PERCEIVES TO BE
A MISTAKE IS ECONOMIC DAMAGE TO A PROPERTY OWNER AND NEIGHBORING
BUSINESS'S.
I ASK YOU TO REJECT THE REVOCATION OF THE RECIPROCAL PARKING
AGREEMENT.
RESPECTFULLY
MICHAEL KEVIN MURPHY
MKMM
Cc: JIM FERGUSON: SPARER, FERGUSON, NAUMANN, PONDER & RYAN