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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" KRKrijp 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 rmh 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