HomeMy WebLinkAbout1986-07-21; Parks & Recreation Commission; Minutes (3)MINUTES
Meeting of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
PMTCS A RECREATION COMMISSION
5:00 p.m.
Duly 21, 1986
City Council Chanters
COMMISSIONERS
CALL TO ORDER;
Chairman Wright called the Meeting to order at 5:06 p.m.
ROLL CALL;
Present - Chairman Wright, Commissioners Contl, Oahlquist,
Donovan, Morrison, Popovtch and Regan.
Absent - None.
Staff Present:
Dave Bradstreet, Director of Parks and Recreation
Keith Beverly, Adminstrative Assistant
Lynn Chase, Recreation Superlntendant
PUBLIC OPEN FORUM;
There was no one present wishing to address the Commission
during the public open forum.
APPROVAL OF MINUTES;
The Minutes of the taped meeting of 3une 16, 1986, were
approved as corrected. Commissioner Oahlguist requested a
change on page 5, where It stated: "there should not be
any restrictions put on the course". She stated she had
said "any more restrictions".
^PPROVAL OF AGENDA;
Chairman Wright stated there would be an addition to the
Agenda under Committee Reports, a report from the Golf
Course Study Committee. He stated under Additional
Business, Item A would be the acceptance of a S500
donation.
Commissioner Contl requested an Item under Additional
Business, Additional Landscaping-El Fuerte Park.
The Agenda was approved as amended.
APPOINT SCRIBE;
Commissioner Contl was appointed Scribe for this Meeting.
UNFINISHED BUSINESS;
A. Scribe Report
Chairman Wright called attention to the Scribe report In
the packet.
Wright
Contl
Dahlquist
Donovan
Morrison
Popovlch
Regan
Wright
Contl
Oahl-jlst
Or ..van
Morrison
PopovIch
Regan
EXHIBIT 2
MINUTES
PARKS AND RECREATION COMMISSION
July 21, 1986Y Page 2 COMMISSIONERS
UNFINISHED BUSINESS: (continued)
a. Park Requirements - Southwest Quadrant (Sammls)
Dave Bradstreet, Director of Parks and Recreation, gave
the staff report on this Item. He stated Commission
direction was to work with Sammis to acquire land some
where In the Southwest quadrant. In addition, the
Commission wanted additional information regarding thefundlng<
Mr. Bradstreet referred to the CIP Booklet, Including the
report for all the Parks and City projects. He stated It
would be reviewed by Council and the public for final
adoption tommorrow evening. He referred to the outline
report, Attachment 3 In the packet, the Sammis
requirements for fees or land, Information on population,
acres required, and the current land Inventory. The Sammls
project would not offset the deficit in the number of park
acres In the quadrant, but Sammis may dedicate more than
they are required. Mr. Bradstreet stated he had given the
Commission Information on the budget with two cases, one
with the City Growth Management Plan, and one with the
Citizens' Initiative. If the Citizens' Initiative is
passed, there will be a different amount as far as money
available for the acquisition of park land for
development.
Mr. Bradstreet stated he was going forward with the
Commission's direction to work with Sammis Properties to
acquire land somewhere In the Southwest quadrant adjacent
to the HP I Development. If this Is not possible, then
land would be sought adjacent to the proposed school site.
He added negotiations had not started as yet. Mr.
Bradstreet stated he would meet tommorrow with 3on Briggs
of Sammls Properties. Once he meets with Mr. Briggs, and
has an alternative, he would like the Site Committee to
review the findings and make a report at the next
meeting.
Chairman Wright stated by consensus of the Commission, Mr.
Bradstreet is to continue the negotiations with Sammis
properties.
Chairman Wright stated the Site Committee would consist of
Commissioners Regan, Oahlquist and Popovlch.
C. Indoor Soccer/Monroe Street Tennis Courts
Lynn Chase, Recreation Superintendent, gave the staff
report, referring to her memorandum in the packet. She
reiterated the recommendations contained therein and gave
the discussion and summary.
It was determined the soccer season had ended at the
present tine, and adults are using the courts at the
present tune. However, they are not suitable for that
use. Mr. Courtney stated the season would begin again in
January. He stated there would be 216 children involved
in league play on the courts from February on.
-
I
MINUTES
PARKS AND RECREATION COMMISSION
Duly 21, 1986 Page 3
COMMISSIONERS
UNFINISHED BUSINESS: (continued)
In answer to Commission query, Mrs. Chase stated a Use
Agreement takes time. If the soccer court is to be
expanded, this should be done before the end of the year,
and It would be necessary to start work on the agreement
before it is expanded. However, the work would need to be
done in November. In the meantime, the tennis courts
remain open. There are to be no tennis classes this fall.
They will be rescheduled to Laguna Riviera and La Costa
Canyon. -
Commissioner Dahlquist commented about the six tennis
courts at Valley 3r. High and asked why they had not been
improved. At the present time there are no nets and the
courts are not usable.
Mrs. Chase said the nine courts at the High School are
better courts. Commissioner Dahlquist continued, stating
this could be an option. She would like to have Parks and
Recreation check on those courts at Valley Or .High and see
what could be done with them.
Chairman Wright reiterated the history of the item,
stating the Commission had agreed to allow the Indoor
soccer group one year as a trial period on two courts.-i~—
Two courts were to be used for tennis. This one-year
trial period will be up October 26, 1986. One option is
to sell the City the Indoor soccer facility and let the
City run it. Another option Is to have the soccer people
lease the tennis courts and expand the program.
Ramona Flnnila, ^615 Trieste Drive, addressed the
Commission as a member of the Board of the Indoor Soccer
Club, a member of the Board of CARA and a tennis player.
Ms. Finnila stated the size of the soccer courts does
limit the play on those courts, and as a tennis player she
hated to lose the courts. It is difficult to find a court
to play tennis and it Is expensive to play at one of the
private clubs. She expressed the hope that the City and
the Parks and Recreation Department would provide more
tennis courts. Ms. Flnnila mentioned the courts to be
built at Calavera Hills Park and Macario Canyon, and felt
that tennis courts at those sites would be very welcome.
She stated there should be more lessons at Laguna Riviera
at night. There is an alien problem in that park and the
restrooms are used by them and they sleep on the benches.
This is not a good place for children to be at night. Ms.
Flnnila suggested there be more supervision there with
lessons given there. She concluded her remarks, stating
Carlsbad needs to provide both types of courts, both
soccer and tennis courts for the residents and the
tourists.
Glenda Hasselo, 3299 Donna Drive, representing Trl-Clty
Tennis Patrons, addressed the Commission stating they
sponsor many youth tennis programs in North County. She
told of the tournaments sponsored by this group and stated
she hated to see any courts lost to the people of the
community. Mrs. Hasselo stated she would answer any
questions about the youth groups.
In answer to Commission query regarding number of Carlsbad
children in this program, she stated there would be the
approximately 25% in the present tournament.
MINUTES
PARKS AND RECREATION COMMISSION
July 21, 1986 Page
COMMISSIONERS
UNFINISHED BUSINESS; (continued)
The name on the speaking slip was Frank Clark, however Mr.
Clark was not present and Mr. Molone spoke in his place.
He stated he lived in Oceanside, and stated he was not
against soccer, but felt there was a need to exist with
them. He stated he was a tennis player and felt it would
take at least $50,000 to build the type of soccer facility
needed. He wondered why the soccer people wanted to use
the tennis court, when they could build a building on
public Jjroperty and not push the tennis players out of
their courts.
Mark Rifkin, 2521 Via Naranja, used a wall chart to show
tennis court needs, indicating the City of Carlsbad is
deficient In the number of courts needed for the
population. He stated a good ratio would be one court for
every 2,000 people. This would mean Carlsbad would need
twenty-five courts, but only seventeen are available.
This includes the courts now being used by the Indoor
Soccer group. If two additional courts were removed, this
would only Increase the deficit as far as tennis courts.
Mr. Rifkin stated the two courts at Monroe had been
resurfaced and were in good condition. He had an
additional list of names totalling 136, who have signed
petitions. He stated there were many tennis players here
tonight. They would all like to continue playing tennis
as many times as possible each week and do need all the
courts.
Dames Courtney, 491^ Avila, addressed the Commission
stating that he does like tennis and has a son that plays
tennis. He stated he had been asking for ballflelds and
tennis courts, as well as active recreational areas. Mr.
Courtney stated the tennis courts had fallen into
disrepair at the time the request was made to use them for
indoor soccer. They had a trial period of one year, with
a portion of the site turned over to them to build a
demonstration court. Mr. Courtney stated It would not be
too involved to repair the courts now being used us soccer
courts.
Mr. Courtney stated he would like Council to build new
tennis courts. He requested this Commission adopt staff
recommendation and let the indoor soccer proceed with a
facility for youth and adults.
In answer to Commission question, Mr. Courtney stated they
needed to use the Monroe courts because they did not have
money to purchase a site or pave any area. The money they
did have was used to buy equipment for the Indoor Soccer
Program.
Mr. Courtney stated the Valley courts would present a
problem as far as parking. He also added the soccer
people took a survey to determine the number of tennis
players displaced, and there were courts available for the
tennis players. He stated the Indoor Soccer Program would
maximize that facility and serve more citizens.
MINUTES
PARKS AND RECREATION COMMISSION
Duly 21, 1986 Page 5
COMMISSIONERS
UNFINISHED BUSINESS: (continued)
Geoff Armour, 3255 Monroe, spoke to the Commission,
stating there are 15 to 20 regular tennis players that
play 7 days a week, year round. If the tennis courts are
taken away, those people would be forced to go to the
Valley Or. High courts. There are people looking for
tennis courts all the time. He felt Indoor soccer and
tennis could not exist back to back, as the Indoor soccer
Is extremely noisy. Mr. Armour felt a more appropriate
site for soccer should be Investigated.
Carol Anderson, 29*0 State Street, a member of the
Downtown Merchants, agreed there Is a need for more tennis
courts. She stated the tourists are coming Into Carlsbad
In large numbers and bringing a lot of dollars to the
area. She did not want any courts to disappear.
Tom Folks, *66 C ami no Del Parque, addressed the Commission
as a new resident and a tennis player. He stated there
were not many night courts unless you belong to a private
club.
Commission Regan Inquired about the possibility of
lighting the nine High School courts and staff explained
there was no time frame for that improvement.
Mr. Bradstreet stated he would look Into the possibility
of a grant for that lighting. Next year this would be In
the CIP program.
Commissioner Dahlqulst inquired about pay lighting on
Laguna Riviera Courts and Mr. Bradstreet recommended that
not be done. Vandalism outweighs any possible benefit.
Commissioner Dahlquist continued, stating the possibility
of the six courts at the Valley 3r. High would be a help
for the tennis players. The indoor soccer has been
successful and she felt the City should find more areas
for tennis courts.
Commissioner Donovan stated she did not feel the decision
should be based on economy, as long as it displaces a
large number of people. She stated there is a sequent of
less-than-senlor-citizen age group that needs to have
recreational facilities available. She stated she was
definitely In favor of keeping the tennis courts and
improving them. Another spot should be found for Mr.
Courtney's Indoor Soccer Program.
Commission discussion determined the Commissioners were in
favor of continuing the Indoor Soccer Program, but feel
there should be more work done toward finding another spot
more appropriate for the indoor soccer. The Commissioners
felt they could not make a decision for the School
District. There should be more negotiations to provide
more tennis courts as well as another spot for the indoor
soccer.
MINUTES
PARKS AND RECREATION COMMISSION
July 21, 1986 Page 6 COMMISSIONERS
UNFINISHED BUSINESS: (continued)
Chairman Wright stated there were eight speakers on this
item, and he felt the issue had not been defined. He
summarized the comments, stating there was a group of
retirees or senior citizens mentioned four times. Tourism
was mentioned by four different people, and the reluctance
to lose tennis courts was mentioned five times. He stated
the petitions should be looked at carefully. There are
nine very good courts within walking distance of these two
courts',at Monroe. Chairman Wright stated the tennis and
indoor soccer are not compatible and he stated the
following options: 1). To continue this status quo until
October at which time the one-year trial period ends. 2).
Table any action until October and study and request more
input to look for alternatives. 3). Approve ISOC's
request to expand their facility to use the four courts at
Monroe. *). Deny the request.
Commissioner Morrison asked whether Mr. Bradstreet would
work with Mr. Courtney to determine the possibility of the
Valley Or. High courts or other options. Mr. Bradstreet
stated that would be proper direction from the Commission.
The Indoor soccer is very popular but not popular with
tennis players.
Chairman Wright stated there is a grass area next to the
swimming pool that could possibly be used for soccer.
Commissioner Morrison stated the Special Projects
Committee would like to work on that.
Parks and Recreation Commission tabled the decision on the
Indoor Soccer/Monroe Street Tennis Court situation until
the September Meeting, with the provision the Special
Projects Committee and staff work together to find
alternative sites for tennis, and possibly the Indoor
Soccer Program using available City property.
D. Historic Preservation Commission Request/Calavera
Hills Community Park"
Dave Bradstreet, Director of Parks and Recreation, gave
the staff report, stating the Historical Society wished to
save some trees and the cistern site in Calavera Hills
Park as shown on the map on the. wall. RSI looked at
relocating the amenities, and said this could not be done.
The Historical Society agreed to place a plaque in the
building to note the site.
Brian Robertson, Historic Preservation Commission,
addressed the Commission stating if the park were to be
redesigned, perhaps the grading could be changed to save
the site. Dave Bradstreet reiterated the park is not
going to be redesigned. They are Just going to use
alternative methods of grading to save money. All the
amenities are to remain in the Park, per Council
direction. RSI is looking at drains and less rock removal
to help save money. Mr. Bradstreet emphasized there will
be no redesign of the Park. It will Just be a different
method of grading. ^
Wright
Conti
Dahlquist
Donovan
Morrison
Popovich
Regan
MINUTES
PARKS AND RECREATION COMMISSION
3uly 21, 1986 Page 7
COMMISSIONERS
Parks and Recreation Commission recommended a plaque be
placed In the Community Center In the Calavera Hills Park
denoting the historic site as designated.
E. ParJc-In-Lieu Fee Revision
Dave Bradstreet, Director of Parks and Recreation, gave
the initial report, stating he wished the Commission to
understand the change in the report. Mr. Bradstreet and
Keith Beverly talked about the fee increase and
recommended to Parks and Recreation Commission the
increase of 20%. There was no one to do an appraisal on
the land. Then the City Council approved a contract with
an appraiser, and Mr. Bradstreet asked to use that
appraiser. After the appraiser reevaluated the land, it
was found the correct increase might be considerably more
than 20%.
In answer to Commission guery, it was determined park-in-
lieu fees are paid at the building permit stage. Mr.
Bradstreet stated there may be an Agenda Bill forthcoming
to change that from the building permit to the tentative
map approval stage. Mr. Bradstreet stated there is
additional information to bring before the Commission, as
this land appraisal is higher than anticipated in some
areas.
Keith Beverly continued the report, stating at the May
Parks and Recreation Commission Meeting the report before
the Commission at that time recognized the need for an
immediate increase in fees. The land values had risen
substantially at that tine. The 20% increase was a
conservative estimate, and after staff did a market data
study, they asked for a change. Carlsbad is caning up
short on the fees collected from the developers in terms
of what the City has to pay in order to have park land.
Reference was made to the report contained in the packet,
showing the new higher rates. Staff felt the best way to
achieve a fair price was to average the price in each
quadrant. The recommendation was to average Districts 1,
2, 3 and * and create one average fair market value for
all districts City wide.
Commissioner Cont i was concerned' that the two largest
projects, namely Sammis and HPI Properties, were assessed
at lower rates. If this were not retroactive, those
developers would pay the lower fee.
In answer to Commission query, Mr. Bradstreet explained
that any person who does not want to pay the fee as
assessed by the City, may get an appraisal and pay the fee
as appraised.
Commissioner Donovan made a suggestion that staff not make
a recommendation on some items presented to the
^Commission. She felt, this creates confusion and she would
rather not have that staff recommendation.
"Chairman Wright stated if the staff report and
recommendation are not Included in the Agenda, he would
definitely ask for them during the report.
Wright
Conti
Qahlquist
Donovan
Morrison
Popov ich
Regan
MINUTES
PARKS AND RECREATION COMMISSION
3uly 21, 1986 Page 9
COMMISSIONERS
UNFINISHED BUSINESS: (continued)
Chairman Wright summarized the alternatives, stating since
the City Is divided Into quadrants and .must spend the
money collected In each quadrant, he believed it was to
the City's advantage to go with a quadrant by quadrant
basis yearly and have the appraiser arrive at an average
within each quadrant for that particular year.
Commissioner Conti volunteered to put the sales
information into the computer to get the averages for the
quadrants.
Parks and Recreation Commission recommended staff use the
quadrant method of charging park-in-lieu fees, to be
figured each year, based on sales within that quadrant.
This applies to Districts 1, 3 and *, and does not Include
District 2, the Northeast quadrant. Commission accepted
using the figures of 319,000, 112,000 and 165,000 for
Districts 1, 3 and ^ respectively.
Parks and Recreation Commission requested staff to supply
more information on the Northeast quadrant in order to
evaluate the park-in-lieu fees.
F. Bristol Cove Boat and Ski Club Tournament
Lynn Chase gave the staff report on this item, stating the
recommendation was to change the time of the tournaments.
G. Calavera Hills Community Park Update
Dave Bradstreet gave the staff report, stating this had
gone to City Council to approve the low bidder. However,
a developer submitted a protest. The City Attorney felt
they should reject all bids, redesign the grading and go
out to bid again. Council Indicated they wanted no
amenities to be omitted in the park.
Commissioner Dahlquist left the meeting at 9:05 p.m.
H. Stagecoach Community Park/Slope Stabilization
Dave Bradstreet gave the staff report on this item,
stating the slope at Stagecoach. Community Park at the
eastern end has been determined as an unstable slope.
This could affect the Mlslon Estancia waterline under the
surface of the road. The consultants looked at this and
recommended the City repair and stabilize the slope. This
would cost between $150,000 and $200,000. Refinements are
being obtained from Rick Engineering and estimates for a
contractor to do the work. If free dirt could be
obtained, this would reduce the cost.
If the City does not correct this slope, it could have a
negative effect on the waterline. The water district
would hold the City responsible for the repair of the line
and any downtime.
Mr. Bradstreet stated this problem was not detected
originally, and the City did not realize there was a
problem.
Wright
Conti
Oahlqulst
Donovan
Morrison
Popovich
Regan
Wright
Conti
Donovan
Morrison
Popovich
Regan
MINUTES
PARKS AND RECREATION COMMISSION
3uly 21, 1986 Page 9
COMMISSIONERS
COMMITTEE REPORTS: (continued)
Stagecoach Park progress has been held up because of this
slope, but the rest of the park Is on schedule.
NEW BUSINESS:
A. Historic Preservation Commission/Carrtilo Ranch
Dave Bradstreet stated the Commission should concur with
the pur-suit of a grant. He stated any plans for the Ranch
would come before this Commission for approval, since it
is a park site.
Parks and Recreation Commission concurred with the pursuit
of a grant for restoration of the Carrlllo Ranch
facility.
8. Land Acquisition Request
Chairman Wright stated there were three alternatives for
the Commission to consider: 1) Stay with the element,
which outlines the acquisition of land and identifies land
to be acquired, traded, sold, etc. 2) To spend $6 million
dollars. 3) Write a thank-you letter for Mr. Carson's
concern and consider this in the future.
The consensus was to write Richard Carson a thank-you
letter and explain the park element outlining the purchase
of land.
COUNCIL REPORT;
Chairman Wright commented the Commission should take a
stand and request a Council representative who could
attend the meetings. The Commission concurred with
Chairman Wright, and suggested a letter be written to
Council with this suggestion.
COMMITTEE REPORTS;
A. Golf Study Committee
Dave Bradstreet stated the preliminary study was displayed
on the wall for the golf course layout. He stated the
consultant wanted to meet with the Committee Members and
the date has been set to brief them. Thursday, August 7,
at ^:00 p.m., has been set for this meeting. Chairman
Wright appointed Commissioners Popovich and Morrison to
meet with staff and the consultant and report back to the
Commission at the next meeting.
Chairman Wright stated he would also attend the meeting.
Chairman Wright stated he would like to request a letter
from the Commission be sent to all the people who worked
on the Triathlon to congratulate them on a successful
event.
Wright
Conti
Donovan
Morrison
Popovich
Regan
MINUTES
\
PARKS AND RECREATION COMMISSION
July 21, 1986 Page 10
COMMISSIONERS
ADDITIONAL BUSINESS:
A. Donation of $500 for Beach Clean-up
Dave Bradstreet reported San Diego RecyCal selected
Carlsbad for a beach cleanup donation and has presented a
check for $500.
Parks "and Recreation Commission accepted the donation of
$500 from San Diego RecyCal for beach cleanup and asked
staff to send a thank-you letter to them.
B. Landscaping at El Fuerte Park
Commissioner Contl stated he had checked on the usage on
the two dedicated ballflelds at F.1 Fuerte. In the three
weeks is has been open, it has been used once by a youth
team and three times by adults. Dave Bradstreet stated
the usage by the adults was not scheduled.
Commissioner Conti stated there should be some landscaping
done for sound and visual aids, with drought-resistant
plants. Staff said they could plant some trees and put
some benches In the area, If the school did not object.
Staff also indicated only one activity has been scheduled
by Parks and Recreation at those ballfields. There Is a
3olnt Use Agreement with the School District, and most of
the usage is by "drop-in play".
Commissioner Contl stated he felt ball fields could be
overbuilt, and he wanted to make sure everyone could use
El Fuerte Park. It did need to be more sound-proof.
Commissioner Donovan stated when a park site is dedicated,
she would like a plaque to be located there giving the
names of the Parks and Recreation Commissioners. Mr.
Bradstreet stated that would be done.
SCRIBE REPORT;
Commissioner Conti gave the Scribe report.
ADJOURNMENT;
By proper motion, the Meeting of 3uly 21, 1986, was
adjourned at 3:<tO p.m.
Respectfully submitted,
HARRIETT BABBITT
Minutes Clerk
- HB;tb
Wright
Conti
Donovan
Morrison
Popov ich
Regan
1200 ELM AVENUE fl N^^^H TELEPHONE
CARLSBAD, CA 92008-1989 m^tfWfJim (619)438-5571
Citp of Cartebafc
PARKS & RECREATION DEPARTMENT
August 12, 1986
John Conti
6817 Luciernaga Court
Carlsbad, California 92008
Dear John:
On behalf of the City of Carlsbad and the Department, I would
like to thank you for your service on the Parks & Recreation
Commission.
Your dedication and interest was evident by your thorough
questions and concerns which often enlightened and gave new
thought to the issue at hand.
I know I speak for the entire Commission in wishing you the
best of luck in your future endeavors.
Sinx/rely,
David Bradstreet
Direction of Parks & Recreation
c: Parks & Recreation Commission
DB:dm
Attachment A
4.$i
MARKET DATA STUDY
CITY OF CARLSBAD
PARKS AND RECREATION DEPARTMENT
CARLSBAD, CALIFORNIA
I
I
Date of Report:
July 11, 1986
Submitted to:
Mr. Keith Beverly
Administrative Assistant
Parks and Recreation Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Date of Study:
May 30, 1986
Submitted by:
19
Richard A. Fuller, M.A.I.
3800 E. Coast Highway
Suite 6
Corona del Mar, California
92625
RICHARD A. FULLER, M. A. I.
Attachment C
I
I
MEMBER
AMERICAN INSTITUTE Of
REAL ESTATE APPRAISERS
I
I
a
RICHARD A. FULLER, M. A. I.
APPRAISER AND CONSULTANT
SUITE 6
3BOO CAST COAST HIGHWAY
CORONA DEL MAR, CALIFORNIA 92625
July 11, 1986
AREA CODE 71*
TELEPHONE 673-3772
Mr. Keith Beverly
Administrative Assistant
Parks and Recreation Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: Market Data Study, City
of Carlsbad, Parks and
Recreation Department,
Carlsbad, California
Dear Mr. Beverly:
B
a
r
In accordance with my proposal, dated June 10, 1986, and
your Purchase Order No. 15963, dated June 30, 1986, I have
conducted a market data study of recent residential property
sales within the City of Carlsbad, for the purpose of estimating
an average price per acre, as of June, 1986.
This investigation, and an analysis of matters pertinent to
the study, have indicated an average price of $157,000/acre.
AVERAGE SALE PRICE/ACRE
ONE HUNDRED FIFTY SEVEN THOUSAND DOLLARS
Your attention is invited to Table I, Market Data Study,
City of Carlsbad, Parks and Recreation Department, set out at the
conclusion of this report, wherein a summary of the 56 items of
market data utilized in this analysis is set out.
SCOPE OF ASSIGNMENT
The scope of this assignment has been to complete a market
data study of level, residentially zoned sites, within the City
of Carlsbad, varying in size from .5 to 50 acres, and having sold
since January, 1985; physically inspect each item of market data;
and to compute an average sale price/acre.
C-l
REPORT FORM
In the interest of brevity, and by specific instructions of
the client, this report is herein submitted in letter form. All
market data, factual data, reasoning, computations, descriptions,
analyses, and discussions, from which, in part, the conclusion
was derived, have been retained in my files, and are available
upon request.
This report has been prepared in conformity with Regulation
No. 10 "Code of Professional Ethics and Standards of Professional
Conduct" of the American Institute of Real Estate Appraisers.
PURPOSE OF THE MARKET DATA STUDY
The purpose of this assignment is to compute an average sale
•
price/acre, which can be utilized by the City of Carlsbad's Parks
and Recreation Department, in the computation of park in lieu
fees.m
I]
ASSUMPTIONS AND LIMITING CONDITIONS
This report has been based upon the following assumptions
and limiting conditions:
1) That I assume no responsibility for matters legal in
character.
2) That information obtained for use in this report was
obtained from public records, and has not been verified
as to its accuracy; no responsibility is assumed for
errors or omissions, or for information not disclosed
which might otherwise affect the conclusions set out
herein.
3) Disclosure of the contents of this report is governed by
the By-Laws and Regulations of the American Institute of
Real Estate Appraisers of the National Association of
Realtors.
4) Neither all, nor any part, of the contents of this
report (especially any conclusions, the identity of the
appraiser, or the firm with which he is connected, or
any reference to the American Institute of Real Estate
Appraisers, or the M.A.I, designation) shall be
disseminated to the public through advertising media,
public relations, news media, sales media, or any other
public means of communication without prior written
consent and approval of the undersigned.
RICHARD A. FULLER, M. A. I.
C-2
I
ASSUMPTIONS AND LIMITING CONDITIONS; (Continued)
5) That the appraiser, by reason of this report, is not
required to give testimony, or attendance in court,
unless arrangements have been previously made thereof.
6) That the submission of this report constitutes
completion of the services authorized. It is submitted
upon the condition that the client will provide the
(appraiser customary compensation relating to any
subsequent required depositions, conferences, additional
preparation, or testimony.
1 7) That by specific instructions of the client, this report
was not prepared for litigation purposes. If this
matter is adjudicated in any manner, the appraiser
(reserves the right to prepare a comprehensive narrative
report, at an additional cost, and to further verify the
data upon which this estimate conclusion is based.
I
I
1
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I
1]
1
1
H
OVERALL CITY AVERAGE SALE PRICE/ACRE
Your attention is directed to Table I which contains Market
Data Nos. 1-56, total sales price, and total size of all sales.
The average sales price was derived by dividing the sum of all
sales prices by the sum of all parcel areas.
This calculation is set out as follows:
$23.939.500
152.23 acres $157 ,259/acre
Round to $157,000/acre
DISTRICT AVERAGE SALE PRICE/ACRE
An analysis of average sales price for each of the four park
districts was completed, and is set out as follows:
District li
Market Data Nos. 1-11 lie within District 1.
These sales have a total sales price of
$5,684,800, and a total size of 17.81 acres. The
average sale price/acre estimate is set out as
follows:
$5.684.800
17 .81 acres $319,191/acre
Hj Round to....$319,000/acre
RICHARD A. FULLER, M. A. I.
C-3
DISTRICT AVERAGE SALE PRICE/ACRE; (Continued)
District 2t
Market Data Nos. 12-16 lie within District 2.
These sales have a total sales price of
$467,000, and a total size of 6.16 acres. The
average sale price/acre estimate is set out as
follows:
$467.000
6.16 acres
Round to,
..$ 75,812/acre
..$ 76,000/acre
District 3;
Market Data Nos. 17-19 lie within District 3.
These sales have a total sales price of
$5,550,000, and a total size of 54.35 acres. The
average sale price/acre estimate is set out as
follows:
$5.550.000
54.35 acres
Round to,
..$102,116/acre
.,$102,000/acre
District 4:
Market Data Nos. 20-56 lie within District 4.
These sales have a total sale price of
$12,237,700, and a total size of 73.91 acres. The
average sale price/acre estimate is set out as
follows:
$12.237.700
73.91 acres $165,576/acre
Round to...,$166,000/acre
DISCUSSION OF AVERAGES
The average price per acre among the four districts varies
because of the diversity in population, and intensity of
development activity. Additionally, because of the insufficiency
of data in Districts 2 and 3, averages for these Districts are
subject to the greatest degree of error. The overall average
sale price/acre considers each of the above factors, and is a
representative sale price/acre within the City of Carlsbad.
C-4
RICHARD A. FULLER, M. A.
q
PARK IN LIEU FEE SURVEY
In addition to the market data study, an informal survey of
several cities was conducted to ascertain methods used to derive
a cost per acre in the determination of park in-lieu fees. The
results of interviews with planners from Irvine, San Clemente,
Huntington Beach, and Newport Beach are set out as follows:
Irvine:
The City of Irvine bases its in-lieu fee on the fair
market value of the land being developed. The fair
market value of a property is determined by the
Planning Commission based upon an appraisal by a
qualified appraiser. According to the Irvine
Subdivision Ordinance, in the event the applicant
disagrees with the fair market value determination, he
may select a qualified appraiser who, together with the
original appraiser, shall select a third qualified
appraiser. The three appraisers so selected shall
conduct a fair market value analysis of the property,
and their determination shall be binding upon the City
and the applicant for the purposes of the division.
All costs of appraisal shall be paid by the applicant
prior to the recordation of any final map or the
issuance of any building permit.
San Clemente;
The City of San Clemente undertakes a periodic
appraisal of all established parkland to arrive at a
cost per acre. This figure is adjusted quarterly by
the consumer price index for the area. Currently, park
fees per dwelling unit in San Clemente are based on the
cost of $161,020/acre.
Huntington Beach:
The City of Huntington Beach undertakes a periodic
appraisal of parkland within the City to arrive at a
cost per acre. Adjustments to this figure are
initiated by the Planning Commission and are based on
updated appraisals of parkland. Currently, park fees
per dwelling unit in Huntington Beach are based on the
cost of $139,633/acre.
RICHARD A. FULLER, M. A. I.
C-5
I
*
H DISCUSSION OF AVERAGES; (Continued)
Newport Beach;
The City of Newport Beach undertakes a periodic
appraisal of one park site, deemed to be a median value
•
indicator, to arrive at a cost per acre. This figure
is adjusted by periodically adjusted appraisals.
Currently, park fees per dwelling unit in Newport Beach
are based on the cost of $447,000/acre.I MARKET DATA
Table I contains the market data used in this study. Out of
a vast quantity of data, 56 sales were deemed pertinent to this
report. Included in Table I is a summary of the following items:
1) Assessor's Parcel Number
2) Address or Description
3) Buyer
4) Date Recorded
5) Size
6) Zoning
7) Sale Price
8) Price/Acre
9) Comments
CONCLUSION
•
After careful consideration of the data set out within this
report, it is iny opinion that the average sale price/acre within
the City of Carlsbad is as follows:
•
District 1 $ 319,000
District 2 $ 76,000
District 3 ? 102,000
District 4 $ 166,000
I
H
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i
RAF:Id
30:86-15.MDS
Price/Acre $ 157,000
submitted,
RICHARD A. FULLER. M. A. I.
C-6
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C-12
QUALIFICATIONS OF RICHARD A. FULLER. M.A.I.
APPRAISER AND CONSULTANT
3800 East Coast Highway - Suite 6
Corona del Mar, California 92625
Telephone: (714) 673-3772
Education;
Degrees;
University of Southern California B.S. 1961
University of Southern California M.B.A. 1963
Special Appraisal Courses;
American Institute of Real Estate Appraisers;
Theories and Principles 1965
Real Estate Appraisal Problems 1971
Single Family Properties 1971
Leasehold Interests 1972
Litigation Valuation 1981
ionalt
Member, American Institute of Real Estate Appraisers 1972
Member, California Association of Realtors 1984
Member, National Association of Realtors 1972
tt Witness;
State of California;
Superior Court
fltate of Oregon;
Circuit Court
**k -- ;.- -
liticatinnt
California Savings and Loan - Class IV
(June, 1986) c_l3
RICHARD A. FULLER, M. A. I.
Ta censes.:
State of California;
Real Estate Broker (Active)
General Building Contractor (Inactive)
State of Oregon;
Real Estate Appraiser (Inactive)
Experience;
Real Estate Appraiser - Associated with
American Savings and Loan Association
Real Estate Appraiser - Associated with
George Hamilton Jones, M.A.I.
1966
1970
1980
1964 - 1966
1966 - 1970
1970 - PresentIndependent Real Estate Appraiser
Faculty;
Instructor, Advanced Appraisal, Mira Costa College 1973 - 1974
Instructor, Advanced Appraisal, Orange Coast College 1974 - 1975
Senior Lecturer, Real Estate Valuation, University
of Southern California
Instructor, Real Estate Development, Lane
Community College
Approved Faculty Member, Capitalization Theory and
Techniques, Case Studies in Real Estate Valuation
Analysis and Report Writingf and Basic Valuation
Procedures, American Institute of Real Estate
Appraisers
Publications;
"Appraisal of a Proposed Subdivision Development",
Encyclopedia of Real Estate Appraising, Third Ed.,
Published in 1978, Prentice Hall, Inc.
Partial List of Clients;
Legal and Accounting Firms;
Belcher, Henzie & Biggenzahn
Butler, Husk, Gleaves & Swearingen
John C. Cushman
1976 - 1977
1980
1983 - 1986
(June, 1986)
ii
RICHARD A. FULLER, M. A. I.
C-14
r/jittial List of Clients;
Legal and Accounting Firms; (Continued)
Daubney, Banche, Patterson, 0"Neal, Nares & Reed
Ernst & Whinney
Flint & McKay
Higgs, Fletcher & Mack
Johnson, B'annon, Wohlwent & Johnston
Michael Kenney
Krusemark & Bertani
George Lenahan
Martin Bischoff, Templeton, Biggs & Ericsson
McColgan & Vanni
Minihan, Kernutt, Stokes & Company
Penney and Penney
Poindexter & Doutre
Price Waterhouse & Company
Roberts, Cormack & Johnson
Rogers & Wells
Rutan & Tucker
Tully H. Seymour
Simon & Sheridan
Wallace & Deatherage
Wenke, Burge & Taylor
Wright, Finley & Behrens
Banks and Savings and Loan Associations;
Alcal Financial Corporation
Crocker National Bank
Farmers Savings and Loan Association
Financial Federation
First Credit Bank
Home Capital Corporation
Home Savings of America
Imperial Savings and Loan Association
Santa Ana First Federal Savings and Loan Association
Santa Monica Bank
Security Pacific National Bank
Sterling Savings and Loan
Surety Savings and Loan Association
Corporationst
Aluminum Precision Products
AMFAC Garden Products
Beckman Instruments
Catalina Swimwear
Celanese Corporation
Chevron U.S.A., Inc.
Cities Services Company
(June, 1986)
iii
RICHARD A. FULLER, M. A. t.C-15
r-iit isi 1 List of Clients;
Corporations; (Continued)
Dairyland Insurance Company
Deutsch Company
Electra Motors
Eugene Sand and Gravel, Inc.
Guild Mortgage Company
Gulf and Western Corporation
Hartford Accident and Indemnity Company
Hughes Aircraft Corporation
Interstate Brands Corporation
Liggett arid Myers Corporation
McCullough Oil Corporation
McKesson Corporation
Meade Instruments
Pacific Mutual Life Insurance
Retirement Center of America
Retlaw Enterprises, Inc.
Standard Oil Company of California
Stone & Youngberg
Village Green Corporation
Western Electric Corporation
Woolley Enterprises, Inc.
Churches and Foundationst
Father Flanagan's Boys Home
Foundation to Assist California Teachers
Sherman Foundation
The Church of Jesus Christ of Latter-Day Saints
Hospitals:
Hoag Memorial Hospital
Tri-City Hospital
McKensie-Willamette Hospital
Sacred Heart General Hospital
Southcoast Medical Center
Government Agenciest
City of Carlsbad
City of Corvallis
City of Laguna Beach
City of Newport Beach
City of Oceanside
City of Pomona
City of Roseburg
City of Santa Ana
Federal Aviation Administration
F-edejral Deposit Insurance Corporation
(June, 1986)
iv
RICHAFJD A. FULLER, M. A. I.C-16
f.
I
Partial List of Clients;
Government Agencies; (Continued)
Internal Revenue Service
State of California
United States Postal Service
Real Estate Development;
Aldor Corporation
American Diversified Companies
Barratt Irvine
Beacon Bay Community Association
Betker-Fredricks Development Company
Cedra Properties
Chevron Land and Development Company
Coldwell Banker Management Corporation
Continental Mortgage Insurance
Daon Corporation
DiGiorgio Corporation
Hermosa Homes
Huntington Beach Company
Investors Mortgage Insurance Company
The Irvine Company
The Lusk Company
Robert Bein-William Frost & Associates
Safeco Title Insurance Company
Title Insurance and Trust Company
Transamerica Title Insurance Company
William Lyon Company
Schools;
Eugene School District No. 4-J
Oceanside Unified School District
Brigham Young University
Mountain View School District
Pepperdine University
Saddleback Community College
Scripps College
Utilities;
Eugene Water and Electric Board
Pacific Northwest Bell
Southern California Edison Company
Appraisal Functions Include;
Acquisition
Bankruptcy
Bond financing
(June, 1986)
v
RICHARD A. FULLER. M. A. I. C-17
1
1 Appraisal Functions Include; (Continued)
Condemnation
Disposition
Donation
Estate Tax Appeal
Exhange
Excess Land
Federal Grants
Foreclosure
Income Tax Appeal
Litigation
Mortgage Financing
Negotiation
Park in Lieu Fees
Partnership Dissolution
Portfolio Review
Redevelopment
Rental Revaluation
Partial List of Appraisal Assignments;
Public;
Airport Extensions, Corporate Yards, Dedicated Streets,
Electrical Transmission R/W's, Libraries, Open Space
Properties, Park Sites, Prisons, Post Office Sites,
Railroad R/W's, Recreation Centers, Reservoir Sites,
Sanitary Land Fills, Sanitation Line R/W's, School
Sites, Sewage Treatment Sites, Street Widenings,
Transportation Centers, Water Line R/W's.
Private;
Agricultural Acreage, Apartment Buildings, Automobile
Dealerships, Banks, Bulk Plants, Church Sites,
Commercial Buildings, Condominium Projects, Historical
Buildings, Industrial Buildings, Industrial
Subdivisions, Marinas, Medical Buildings, Mobile Home
Parks, Motels, Ocean Front Properties, Office
Buildings, Office Condominiums, Parking Lots,
Private Beaches, Ranches, Residential Subdivisions,
River Front Properties, Sand and Gravel Lands, Service
Stations, Shopping Centers, Subdivision Acreage, Tennis
Clubs, Tidelands, Trucking Facilities.
Partial List of Special Appraisal Assignments;
Coyote Hills West - 292.6 acre residential development
located in Fullerton. (Chevron Land and Development
Company).
Shadow-Ridge - 189.3 acre (Phase I and II) residential
development located in Vista. (Daon Corporation).
(June, 1986)
vi
RICHARD A. FULLER. M. A. 1. C-18
Partial List of Special Appraisal Assignments; (Continued)
Reeves Ranch - 490 acre residential development located in
San Clemente. (The Church of Jesus Christ of Latter Day
Saints).
Newberry Ranch - 2260 acre remote desert parcel. (Father
Flanigan's Boy's Home).
James Musick Facility - 100 acre prison facility with
potential industrial farm uses located in El Toro. (The
Irvine Company).
Laguna Niguel - 4600 acre planned unit development1 in
Southern Orange County. (Avco Community Developers).
Indian Head Ranch - Portion of a 640 acre desert subdivision
located in Borrego Springs. (The DiGiorgio Corporation).
Ivey Ranch - 750 acre planned unit development located in
Oceanside. (The Estate of L. O. Ivey and Home Federal
Savings & Loan).
Eailcho_Be.r_na.rdo. - 986 acres within a planned unit
development in North San Diego County. (McCullough Oil
Corporation).
Ret law Ranch - Six ranches totaling 3605 acres located in
Riverside, Los Angeles, and San Diego Counties. (Retlaw
Enterprises, Inc.).
Montebello Town Center - Residential shopping center located
in Montebello. (Chevron, U.S.A.).
John Wayne Tennis Club - Tennis club located in Newport
Beach. (Ticor).
Norco Hills/Woodlake Development - 712 acre residential
development located in Corona. (Grant/Owen).
Deutch Ranch - 250 acre ranch located in Oceanside. (Deutch
Co.) .
Interests Appraised;
Fee Simple Estate
Leased Fee Estate
Leasehold Estate
Sandwich Intere
(June, 1986)
AT Fuller, A.A.rI.
vii
RICHARD A. FULLER, M. A. I.C-19
CERTIFICATION
The undersigned does hereby certify, except as otherwise
noted in this appraisal report:
1) That the statements of fact contained in this report
are true and correct.
2) That the reported analyses, opinions, and conclusions
are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased
professional analyses, opinions, and conclusions.
3) That I have no present or prospective interest in the
property that is the subject of this report, and I
have no personal interest or bias with respect to the
parties involved.
4)
5)
6)
7)
That my compensation is not contingent on an action
or event resulting from the analyses, opinions, or
conclusions in, or the use of, this report.
That my analyses, opinions, and conclusions were
developed, and this report has been prepared, in
conformity with the requirements of the Code of
Professional Ethics and the Standards of Professional
Practice of the American Institute of Real Estate
Appraisers.
That the use of this report is subject to the
requirements of the American Institute of Real Estate
Appraisers relating to review by its duly authorized
representatives.
That I have
property that
made a personal inspection of
is the subject of this report.
the
8} That no one provided significant professional
assistance to the person signing this report.
9) That I am currently certified under the
continuing education program of the
Institute of Real Esta-fcc Appraisers.
voluntary
American
ly submitted,
RAF:Id
(June, 1986)
viiiRICHARD A. FULLER, M. A. I.C-20
August 13, 1986
TO: ALL PARK AND RECREATION COMMISSION MEMBERS
FROM: KEITH BEVERLY, ADMINISTRATIVE ASSISTANT^,
COST ESTIMATE - STAGECOACH SLOPE STABILIZATION
This Agenda Bill has not gone before Council. The fiscal impact of
this item is, at the time of this Park & Recreation Commission packet
distribution, presently being reviewed. The estimate currently being
considered will more than likely be $341,000 (not to exceed). A more
detailed cost estimate breakdown will be provided and discussed at
the Park & Recreation Commission Meeting.
Sorry for the inconvenience, if you should have any questions, please
contact me at 438-5571.
KB:hlj
CITY OF CARLSBAD — AGENDA BILL
AR«
MTfl.8/12/86
OEPT P & R
TITLE: SLOPE STABILIZATION CHANGE ORDER -
STAGECOACH PARK
DEPT. HD^L_
CITYATTY
CITY MGR.
zo
o
oz3
Oo
RECOMMENDED ACTION:
Approve slope stabilization work to be done by Chamac Inc. and
appropriate funds from the Capital Improvement Project budget to
cover the cost of the additional required work.
ITEM EXPLANATION;
On March 11, 1986, a meeting was called by the Anden Group with
City staff. The Anden Group is developing Santa Fe Knolls, a
housing project across Mision Estancia from Stagecoach Park.
Also present was RSI, Rick Engineering, Geocon (soils engineers
for Stagecoach Park), Eberhart & Stone (soils engineers for
Anden) and representatives from the Olivenhain Municipal Water
District. The soils engineer for the developer explained that
grading operations at Santa Fe Knolls uncovered a "landslide"
that was not found during initial geological studies. The Anden
Group data indicated that the slide started in the housing
development and extended under Mision Estancia and into the park.
To correct the problem, they felt a large buttress constructed on
the park slope adjacent to Mision Estancia was needed.
Staff directed Geocon, who did the original geotechnical work on
the park, to investigate the alleged "slide". Originally Geocon
did not do test borings in the north east corner of the park
because they concentrated on the various fill areas and building
pads. Geocon took several borings in the area of the alleged
slide. Their report findings indicated no presence of a slide.
At this point, staff commissioned the soil engineering firm of
Woodward Clyde to study the area and give an independent opinion.
This was done because Eberhart & Stone still felt strongly that
a landslide was present even after Geocon's report. Secondly,
Olivenhain Municipal Water District agreed with Eberhart & Stone's
opinion and subsequently shut off water in the area (feeling
Mision Estancia and the waterline under the road were in danger.)
Woodward Clyde drilled additional test borings. Their report
confirmed Geocon's finding that no landslide existed. They did,
however, identify an area of which soils lying under Mision
Estancia and•in the slope of the park were of a Del Mar formation
with fractures, sheers and remolded clay.
With the presence of this type of soil condition, coupled with
future landscaped watering to the south there is a strong possi-
bility of a slope stability problem on the park side that could
cause damage to the street and a 16 inch water line.
Woodward Clyde's recommendation was to have a slope analysis done.
Staff then directed Geocon to perform the analysis. Geocon's
final report stated the following:
Attachment D
Agenda Bill No.
Page 2
11 ... Although, in our opinion, the potential for shallow
slope instability is considered to be low, there is a
potential for sloughing failure or small block failure of
the cut slope. A failure could extend into the northern
portions of Mision Estancia, but the potential for extend-
ing to the east bound lanes is .considered very low.
To reduce the potential for shallow slope instability,
it is recommended that a "Stability Fill" be constructed . .
(See Exhibit 2)
Alternatives
1. Do nothing; repair if necessary in the future.
2. Reconstruct slope per soils engineer recommendations.
Discussion
Staff and park development committee have reviewed all the data
and various alternative solutions pertaining to the slide/slope
stability issue.
It has been determined that because the developer to the south
east has constructed a large deep buttress adjacent to Mision
Estancia, any possible slide problem has been resolved. However,
because our soils engineers have identified a soil condition
that could be aggravated by future landscape watering and/or
high water tables, staff feels that 700 feet of slope adjacent
to the park should be stabilized, as recommended by the City's
soil engineering consultant.
The reason staff feels this work should be done is:
1. Slope stabilization would eliminate ongoing slope sloughing
and repair.
2. Slope stabilization would eliminate possible damage to
Mision Estancia and the 16 inch water line under the road.
3. The Olivenhain Municipal Water District has endorsed the
staff's stabilization plan and has agreed to re-activate
their water line if the work is done.
4. Re-activating the water service would alleviate possible
litigation by Olivenhain Municipal Water District and/or
upstream developments.
It is estimated that construction on the slope will delay the
completion date of the park by 30 days.
Agenda Bill No.
Page 3
Fiscal Impact
COST OF PROJECT
Staff recommends funds be allocated from unappropriated balance
of the Public Facilities Fee fund (P.F.F.). Revenues in the
Public Facilities Fund for 1985-86 were approximately $1.6 million
above budget estimates. This additional revenue provides Council
with an unappropriated balance of at least $1.6 million for the
beginning of 1986-87.
Exhibits
1. Resolution No.
2. Exhibit 1, Plan showing area of unstable slope.
3. Exhibit 2, Section of slope stabilization detail.
1
2
3
4
5
6
7
8
9
10
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13
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15
16
17
18
19
20
21
22
23
24
25 .
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26
27 '
28'
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SLOPE STABILIZATION WORK TO BE DONE
BY CHAMAC, INC. AND APPROVING THE APPROPRIATION OF FUNDS
FROM THE CAPITAL IMPROVEMENT PROJECT BUDGET TO COVER THE
_ COST OF THE ADDITIONAL REQUIRED WORK _
WHEREAS, a "stability fill" has been recommended to be
constructed to reduce the potential for shallow slope instability
for a portion- of Stagecoach Park; and
WHEREAS, slope stabilization would eliminate ongoing
slope sloughing and repair; and
WHEREAS, slope stabilization would eliminate possible
damage to Mision Estancia and a 16 inch water line under the road;
and
WHEREAS, the Olivenhain Municipal Water District has
endorsed staff's stabilization plan as protection for their water
line and has agreed to reactivate their water line if stabilization
work is performed; and
WHEREAS, reactivating the water service would alleviate
possible litigation by Olivenhain Municipal Water District and/or'
upstream developments requiring water service; and
WHEREAS, Chamac, Inc. is the Contractor responsible for
the construction and development of Stagecoach Community Park and
has been recommended by staff to perform the required slope
stabilization work; and
WHEREAS, sufficient funds are available in the un-
appropriated balance of the Public Facilties Fund to support the
cost of this project,
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NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Carlsbad does hereby approve the slope stabilization
to be performed by Chamac, Inc. and approve the appropriation
of funds from the unappropriated balance of the Public Facilities
Fund, account No. 320-941, to account no. 320-840-1824-3191, to
cover the cost of the additional required work at Stagecoach Park.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the 12th
day of August 1986, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MARY CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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BATIQUITOS LAGOON EDUCATIONAL PARK
MASTER PLAN PARKS AGREEMENT
This parks agreement is made this day of
, 1986 between the CITY OF CARLSBAD, ("City") a
municipal corporation of the State of California, and SAMMIS
PROPERTIES, ("Sammis") a California
who agree as follows:
RECITALS
A. On October 1, 1985 the City Council adopted
Ordinance No. 9778 adopting a master plan for the Batiquitos
Lagoon Educational Park (MP-175) (BLEP). Section VII.B 4.b) of
that master plan reads as follows:
"Park requirements for each planning area, as may be
applicable, shall be established in accordance with City
Council Ordinance No. 9365 adopted October 18, 1973 and
subsequent amendments. [Chapter 20.44 of the Carlsbad
Municipal Code]. In lieu of fees, the City may require
developer to dedicate land off-site for park purposes.
Prior to occupancy of any phase of the development
within the master plan, the applicant and the City shall
enter into a parks agreement so that land for park
purposes can be dedicated up front to bring the City up
to standard for community parks in this district based
upon current population levels.
"This will be available as a credit against the
property's Quimby Act park dedication requirements, and
in addition, any excess of dedicated land over the
applicant's required amount will be eligible for
reimbursement by future developers within this
district."
This agreement is intended to implement the provisions
of that section of the master plan.
B. Sammis has requested that City approve a final
map for Carlsbad Tract 85-14 for phase I of the BLEP.
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Attachment E
The tentative map for Carlsbad Tract 85-14 contained a
condition which read:
"The City Council may require the developer to dedicate
land off-site for park purposes. If the City Council so
determines prior to occupancy of any of the units in
this project the applicant and the City shall enter into
a parks agreement as required by the master plan."
The Carlsbad City Council on July 8, 1986 approved a
final map for Carlsbad Tract 85-14 subject to the condition that
before recording of the map Sammis and City shall enter into an
agreement for dedication of the park land.
C. The park dedication required in this agreement will
satisfy the requirements of Chapter 20.44 of the Carlsbad
Municipal Code for subdivisions within the BLEP, and implements
the provisions of Section 20.44.110 of the Carlsbad Municipal
Code which provides an alternative procedure for satisfaction of
parks obligations within planned communities through the overall
community planning process rather than on a subdivision by
subdivision basis. City and Sammis recognize the development of
the BLEP will take place over a period of years and intend to
arrange for the dedication of park land in advance of actual need
in order to insure that the park area of the City in which the
BLEP is located will have sufficient park land as required by
City standards before the actual need for the land accrues. In
addition, Sammis has volunteered, and is obligated as a condition
of the master plan, to dedicate 10 acres of usable park land to
the City in order to cure the park land deficiency which exists
in the southwest quadrant of the City.
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In order to cure the deficiency in the southwest
quadrant of 8.3 acres, Sammis will dedicate to the City
approximately 10 acres of usable park land before any buildings
within the BLEP may be occupied. Sammis. will be reimbursed for
the land dedicated in excess of the park obligation for the BLEP.
.For the purpose of this agreement it is agreed that the park
obligation for the BLEP is 3.95 acres of park land.
D. In lieu of the obligation to dedicate park land
under this agreement Sammis may propose and the City Council may
authorize Sammis to improve park land that the City owns to the
satisfaction of the City Council. The cost of such improvements
shall not be less than the amount of fees Sammis would otherwise
be required to pay in lieu of the 3.95 acre park land dedication
requirement for the BLEP.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein an incorporating the recitals set forth above
the parties agree as follows:
1. In satisfaction of its master plan obligation to
dedicate park land Sammis agrees to acquire and dedicate to the
City of Carlsbad approximately 10 acres of land suitable and
usable for park and recreational purposes within City of Carlsbad
park district 3 (southwest quadrant). The location of and the
suitability for park purposes land shall be approved by the City
Council pursuant to paragraph 5 prior to the dedication to the
City. The dedication shall occur prior to the filing of a final
map for Phases II or III of the master plan or the occupancy of
any buildings"within the BLEP, whichever occurs first. The
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dedication shall be free and clear of all liens and
encumbrances.
2. Park Dedication Credits. (a) The parties agree
that the park land dedication requirements for the development of
BLEP is not less than 3.95 acres as determined at the time of
execution of this agreement. If the requirement for park land
dedication increases within the BLEP by either an increase in the
acreage per population or an increase in the calculated number of
people who will be residing within the master plan area as
determined by Chapter 20.44 of the Carlsbad Municipal Code then
the park dedication requirement for Sammis shall increase. If
changes occur to Chapter 20.44 which would decrease the park land
dedication requirements the parties agree that there shall not be
a reduction in the master plan park requirement below the 3.95
acre level.
(b) Upon dedication of the park land specified in
paragraph 1 the amount of the land dedicated shall constitute a
credit in favor of Sammis to be held on account by the City to be
drawn upon in satisfaction of the park dedication obligations of
subdivisions within the BLEP.
(c) As a condition of receiving the final map for
Carlsbad Tract 85-14 Sammis has entered into an agreement to pay
park in lieu fees as required by Carlsbad Municipal Code Chapter
20.44. If, at the time of obtaining the building permits for
the residential portion of Carlsbad Tract 85-14, the land which
is the subject of this agreement has not yet been dedicated
Sammis shall pay the park in lieu fees to the City as required by
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that agreement. Upon making the dedication improvements
satisfying the alternative under paragraph 4, those fees shall be
refunded to Sammis without interest.
3. Reimbursement. Sammis shall be reimbursed from
park-in-lieu fees collected in the southwest quadrant of the City
for the amount of land dedicated which is in excess of the park
land dedication requirement for the BLEP as determined pursuant
to this agreement and the appropriate provisions of the Carlsbad
Municipal Code, eg., 10 acres (dedicated) minus 3.95 acres
(obligation) equals 6.05 acres (reimbursable acreage).
Reimbursement shall be paid from park-in-lieu fees collected as
follows: The City shall collect from subdividers within the
southwest quadrant (except for subdividers within BLEP) fees in
lieu of park land dedication pursuant to the provisions of
Chapter 20.44 of the Carlsbad Municipal Code in effect at the
time the fees are collected. The fees collected shall then be
paid over to Sammis less a three percent administrative charge
which shall be retained by the City to cover the cost of
administering this agreement. The amount of the remaining land
for which Sammis receives reimbursement shall be reduced in an
amount equal to the amount of land which would otherwise have
been required to be dedicated for the subdivision paying the
fees. The reimbursement shall continue until the balance of the
land for which reimbursement is owed is zero acres. If after 15
years, Sammis has not been reimbursed out of park-in-lieu fees
collected from the southwest quadrant of the City, the City shall
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then reimburse Sammis from park-in-lieu fees collected in the
remainder of the City.
4. Improvement Alternative. In the discretion of the
City Council, the City may, in lieu of the dedication of the park
land required by Section 1 of this agreement, require Sammis to
improve park land owned by the City as determined by the Parks
and Recreation Director and the City Council, and deliver to the
City a completed park facility. The cost of such improvements
shall not be less than $344,530.
5. Access. The park site dedicated under this
agreement, as a condition of acceptance by City Council, shall
have reasonable access to a dedicated street or other access
acceptable to the City and shall have reasonable access to sewer
and other necessary public utilities and otherwise shall meet
City's reasonable criteria for parks as set forth in City's
general plan. The City Council shall determine the adequacy of
the access and the geological and geographical suitability of the
site for development of active recreational facilities before the
land is dedicated to the City. Sammis shall provide any
information, studies, surveys or other data necessary to
establish the suitability of the site for park purposes.
6. Nature of the Master Plan. City and Sammis
acknowledge that the BLEP is part of the City's dynamic changing
land use planning process and that the City may change the master
plan pursuant to the provisions of the Carlsbad Municipal Code at
any time.,, It_ is acknowledged by the parties that in the course
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of the development of the property the park dedication
requirement for the Batiquitos Lagoon Educational Park master
plan may change. In the event that the parks requirement for the
master plan changes it is agreed that the parks obligation for
the purposes of this agreement shall not be less than 3.95
acres.
7. Acquisition by Condemnation. If Sammis is unable to
acquire the land necessary to fulfill its obligations under this
agreement City agrees to use its power of eminent domain to
acquire the necessary property interest. Sammis shall notify the
City of the inability to acquire the land not less than 100 days
prior to the time occupancy of the buildings or the final map for
Phases II and III of the master plan will be requested. Sammis
agrees to bear all expenses, costs, fees and charges including
land costs, attorneys, engineers, appraisers, or other
professional service fees, and court costs; incurred or charged
in connection with the acquisition of the property interests in
the preparation and prosecution of the eminent domain proceeding.
The City shall assume no responsibility for said amounts. There
shall be no charge for City staff time associated with such
acquisition. No occupancy shall be granted until the acquisition
is completed.
8. Successors and Assigns. This agreement shall bind
and inure to the benefit of the parties, their respective assigns
and successors, and the successors owners' of the property.
9. Attorneys Fees. In the event of any dispute between
the parties relating to the terms of the subject matter of this
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agreement, the parties agree that the prevailing party shall be
entitled to reasonable attorneys fees together with all costs and
damages as determined by the court regardless of whether the
dispute is settled or prosecuted to judgment.
10. Amendments. No change in or addition to this
.agreement or any part hereof shall be valid unless it is in
writing and signed by all the parties hereto.
11. Severability. If any portion of this agreement is
held by a court or arbitrator or competent jurisdiction to be
invalid, void or unenforceable the remainder of the portions
hereof shall remain in full force and effect and shall no way be
effected impaired or invalidated.
12. Entire Agreement. This agreement constitutes the
entire understanding between the parties with respect to the
subject matter hereof, superseding all negotiations, prior
discussions, preliminary agreements or understandings written or
oral.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD
a Municipal Corporation of the
State of California
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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APPROVED AS TO FORM
VINCENT F. BIONDO, JR.
City Attorney
SAMMIS PROPERTIES
A California
by:
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Attachment F
1055 Buena Place
Carlsbad CA 92008
,~~y 31, 1986
RECEIVED AL1: 3 S 1986
Mayor Mary Casler
City of Carlsbad
1200 Elm Avenue
Carlsbad CA 92008
Dear Mayor Casler:
For the past ten or more years, we have spent many enjoyable days on the public beach at the
foot of Christiansen Way in Carlsbad which we refer to as "Beach Terrace." The beach is
populated by tourists staying nearby, local adults and some teenagers. It is a relatively
quiet beach.
This year the public stairway has been gated at both the Ocean Street side and the beach
side. It is our understanding that the owner of the condomium adjacent to the south side of
the stairway, Sally Vehill (spelling?), received Coastal Commission approval to install
these gates because of alleged vandalism to her property, and that the gates are to be fixed
with a time-lock devise during night hours.
Several questions come to mind:
1. There is no time-lock on either gate. They are locked and unlocked at the personal whim
of the condo owner. By whose authority can she control this public beach access? The
City? The State? The Coastal Commission?
?-— Who paid for the installation of the gates? Are Carlsbad, California taxpayers being
penalized for visiting their own beach?
3. Will the other public walkways be gated to prevent local residents from attending the
beach thereby allowing only those privileged to have access through beachside residences
to enjoy the surf and sand?
4. Finally, and most importantly, who is liable should someone be injured trying to enter
the c"=s? They open only one direction with a protruding latch that is at a child's
eye ;evel. At the top of the stairs, the gate swings in making it impossible to enter
without stepping backwards down the stairs. While carrying beach gear, it is not easy
to step back and down, all the while trying to avoid the swinging gate. On July 27,
the lower gate was jammed shut and access to the beach was by crawling under the hand-
rails.... another accident-causing maneuver.
As responsible local residents, we ask that immediate action be taken to remove these
dangerous and precedent-setting gates.
Sincerely, '
^^^1055 Buena Place 3100 Monroe Street
4095 Sunnhhill Drive
5 Ridqecrest
^U_->jU-VCtc: City Manager
City Attorney
Parks and Recreation Commission
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1200 ELM AVENUE Q^SRT M TELEPHONE
CARLSBAD, CA 92008-1989 M^^W-jH (619)438-5571
Citj> of Cartebab
P/AflKS & RECREATION DEPARTMENT
July 29, 1986
Sally Vigil
2805 Ocean Street
Carlsbad, CA 92008
Dear Mrs. Vigil,
Concerning our discussion regarding the public accessway located
adjacent to your property, enclosed please find copies of the City
Council decision, Coastal Commission staff report, and a copy of
Coastal Development Permit No. 6-85-404.
As you will note from Agenda Bill No. 8217 and the attached minutes,
Council's direction to staff was to present a proposal to the Coastal
Commission for a time-lock gate closure at the Christiansen Way beach
access. Upon staff's completion and submittal of this request to
the Coastal Commission, the City received a Coastal Development Permit
specifically for a time lock gate at the entrance and exit of this
public accessway.
Realizing your concerns Council agreed to access closure between
the hours of 10:00 p.m. and 5:30 a.m., however the cost of install-
ation of the time lock gate for which the Coastal Development Permit
was issued was to be borne by the property owners requesting the
closure.
A number of complaints have been received regarding the installation
of the gates at this accessway. Upon staff investigation of this
matter, the following has been determined.
1. July 8th 1986, 7:00 p.m., the gates were chained and padlocked,
2. The time lock mechanism to date has not been installed.
3. The existing latches on the gates and the direction in which
the gates open present a safety hazard to public use.
The permit for the time lock gate was issued to the City of Carlsbad
October 24, 1985. The use of padlocks to secure the accessway is in
violation of Coastal Development Permit No. 6-85-404. I have person-
ally discussed this issue with you and feel that we have come to
agreement on the use of padlocks.
F-l
Sally Vigil
Accessway to beach
7/29/86
Sheet 2
I also feel that it is of importance and would be of benefit to you
to proceed as soon as possible with the installation of the time lock
mechanism or remove the gates entirely because of the special conditions
associated with the issuance of this permit. A special condition
regarding the review period states that this permit is valid only for
one year. The City of Carlsbad may reapply for continuation of the
permit at the end of the year. Upon reapplication, the City of Carlsbad
will present to the Coastal Commission an evaluation of the gate in
limiting the public nuisances in the area and an assessment of the
gate's performance record and maintenance requirements. This evaluation
shall include, among other items, the number and nature of complaints
regarding the operation of the gate, as well as specific findings by
the City of Carlsbad Police Department regarding the effectiveness of
the gate.
The subject of this specific public accessway and complaints associated
with it will be addressed at the August 18, 1986 Parks and Recreation
Commission meeting. If you would care to respond in your behalf I
would invite you to attend. The meeting will be held at the City Council
Chambers at 5:00 p.m.
If I can be of further assistance to you with this matter, please
contact me at 438-5571. Thank you for your cooperation.
KEITH BEVERLY
Administrative Assistant
KB:hlj
Attachments
c: Dave Bradstreet, Parks & Recreation Director
Vincent Biondo, City Attorney
Ray Patchett, Assistant City Manager
Vince Jimno, Police Chief
F-2
CIT JF CARLSBAD - AGENDA BILL
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6/18/85
P & R
TITLE: APPEAL OF INSTALLATION OF
TIME-LOCK GATE AT BEACH ACCESS
PERT. HP. 1^5
CITY
CITY MGR.
RECOMMENDED ACTION: ¥
If Council supports the appeal by Sally Vigil, then action would be to
instruct staff to present a proposal to the Coastal Commission request-
ing permission to install a time-lock gate at the Christensen Way beach
access. It is further recommended that the costs and installation be
paid for by the property owner.
BACKGROUND
Mrs. Sally Vigil contacted the Parks and Recreation Department regarding
the possible closure or installation of a time-lock gate at the
Christensen Way beach access. This item was referred to the Parks and
Recreation Commission for discussion at their meeting on April 15,. 1985.
Although staff could not support closure, they recommended to the
Commission that the gate be installed for the following reasons:
1. Location of buildings. The buildings and homes are
located directly adjacent to access (12" from handrail).
2. Vandalism to nearby private structures.
3. Local residents have been terrorized by late
beach visitors.
4. Additional beach access exists both to the north and
to the south.
5. Limited parking exists in the area.
6. Nearby residents may reimburse City for installation costs.
The Commission, however, unanimously voted to keep the beach access
open for public use. In addition, they recommended to increase the
Police Department enforcement and suggested that adequate lighting be
installed by the property owners.
Mrs. Vigil's appeal is to ask the City Council to consider overruling
the decision of the Parks and Recreation Commission and to approve the
installation of a time-lock gate.
FISCAL IMPACT
The price of a time lock gate is approximately $2,000. Staff
recommends that the costs and installation" be paid for by the
property owners.
EXHIBITS;
1. Letter dated June 4, 1985 from Michael Berlin
2. Letter dated March 25, 1985 for Senator Craven and Assemblyman Fraz<
3. Picture of proposed time-lock gate.
4. Map of Beach Accesses.
F-3
F-4
MINUTES
Dr. Joseph Vigil, 2805 Ocean Street, stated he felt the
access should be closed at night, especially with the
curfew at 11:00 p.m. .
Council granted the appeal and directed staff to present
the proposal to the Coastal Commission for a time-lock
gate closure at the Christiansen Way beach access
between the hours of 10:00 p.m. and 5:30 a.m., with the
cost of installation to be borne by the property
owners.
(29) 18' AB 18218 - 1985-86 OPERATING BUDGET.
Frank Aleshire, City Manager, gave the report,
and requested that Council consider: (1) adopting the
operating budget; (2) directing the City Manager to
return with documents to urplement the proposed
enterprise fund and move for the Egineering, Building
and Planning Departments from City Hall; (3) authorize
a temporary lease to move those three Departments; and
(4) continue consideration of the Capital Improvement
Budget and continue consideration of the add-backs
listed as recommended programs.
Council Member Lewis questioned the possibility of
purchasing space for the three departments rather than
leasing and requested figures be brought back for both
options. He also stated concern about out-of-state
travel by employees.
Council Member Kulchin requested more information on
professional services be given in the budget next year.
Council Member Chick expressed concern about the
reorganization of the three departments and the
enterprise fund. He expressed the opinion that the
facilities was not the problem; that the problem is the
performance of the departments. He also agreed with
the idea of purchasing space and suggested staff look
into sites to buy and bring back a report within a few
weeks.
Council requested the City Manager to return with
documents to implement the enterprise fund and move the
Developmental Services Deparments; also bring back
report on any financial possibilities for purchasing or
leasing space for those Departments.
Council approved the allocation of one-half of the
rpaiM»st«3 S200.000 fundina for the Calsbad Convention
Casler
Lewis
Kulchin
Chick
Pettine
Casler
Lewis
Kulchin
Chick
Pettine
Casler
Lewis
X
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(99)
'70)
DEPARTMENTAL AND CITY MANAGER REPORTS;
16. AB 18216 - APPEAL OF PLANNING COWISSION APPROVAL
OF A FORTY-UNIT APARIMENT PROJECT - PCD-82 - ROOSEVELT
471
cKarles Grimm, Principal Planner, gave the staff report
as contained in the Agenda Bill, using a transparency
to show the site and a wall map showing the additional
amenities.
Mayor easier referred to a memorandum distributed to
Council prior to the meeting, from the City Engineer
dated June 18, 1985, clarifying the issue of traffic
associated with this project.
Marty Bouman, Acting City Engineer, explained the
contents of his memorandum.
Roy Sanchez, 3432 Roosevelt, spoke in opposition to the
project because of the density, traffic problems,
violation of Council Policy 7872 and the recommendation
of the Land Use Planning Committee to change the
density in that area.
Following comments, Council denied the appeal and
unheld the Planning Commission decision approving
PCD-82.
17. AB 18217 - APPEAL REGARDING INSTALLATION OF TIME-
LOCK GATE AT BEACH ACCESS.
Dave Bradstreet, Director of Parks and Recreation, gave
the staff report as contained in the Agenda Bill, using
a transparency to show the beach access.
James Popovich, 7436 Trico Lane, Parks and Recreation
Commissioner, spoke as a Member of the Committee
assigned to investigate this request. He said the
consensus of the Committee and the Commission was that
the access should not be closed. He added that within
150 yards either direction there are two paved
accesses, and the only purpose this gate would serve
would be to keep people from walking by this apac. tnent
building.
Jade Daniel, 2775 Ocean Street, Manager of Best western
Motel at that address, requested the appeal be
denied, as this beach access was required by the City
when the addition to the motel was built. He reported
no problems or complaints regarding this access.
Michael Berlin, Attorney, 1241 Elm Avenue, representing
Dr. Joseph Vigil, owner of the property adjacent to the
access, spoke.in favor of the closing of the access at
night. He stated there were continual problems with
vandalism, noise and garbage. Mr. Berlin presented
letters from the Lutheran Home and adjacent property
owners, along with photographs, in support of the
requested gate.
Casler
Lewis
Kulchin
Chick
Pettine
F-5
STATE OF CALIFORNIA—THE RESOURCES AGENCY ECRGE
CALIFORNIA COASTAL COMMISSION
^N DIEGO COAST DISTRICT
J3 CAMINO DFL RIO SOUTH. SUITE 125
SAN DIEGO. CA 92108-3520
(6191 297-9740
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
August 12, 1985
September 30, 1985
February 9, 1985
KK/SD
October 15, 1985
"if*
Hearing Date: October 22-25, 1985
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-85-404
Applicant: City of Carlsbad
Description: Installation of a time lock gate at the entrance and exit of a
public beach access point.
Site:Beach Access at Ocean Ave and Christensen Way, Carlsbad, San
Diego County APN: 203-235-03
Substantive File Documents: City of Carlsbad Local Coastal Program
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the project subject to conditions
regarding a review period, maintenance of the proposed gate and adequate
signage. Each condition has been added to ensure and protect existing public
access opportunities to the beach.
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
The Corv^iission hereby grants a permit for the proposed development, subject to
the conditions below, on the grounds that the development, as conditioned,
will be in conformity with the adopted Local Coastal Program, and will not
have any significant adverse impacts on the environment within the meaning of
the California Environmental Quality Act.
II. Standard Conditions.
See attached page.
F-6
6-85-404
Page 2
III. Special Conditions.
The permit is subject to the following conditions:
1. Review Period. This permit is valid only for one year. The City of
Carlsbad may reapply for continuation of the permit at the end of the year.
Upon reapplication, the City of Carlsbad will present to the Coastal
Commission an evaluation-of the effectiveness of the gate in limiting the
public nuisances in the area and an assessment of the gate's performance
record and maintenance requirements. This evaluation shall include, among
other items, the number and nature of complaints regarding the operation of
the gate, as well as specific findings by the City of Carlsbad ^Police
Department regarding the effectiveness of the gate.
2. Maintenance. Prior to the transmittal of this permit, the City of
Carlsbad shall submit a maintenance agreement specifying that in addition to
all necessary repairs and maintenance, the City shall conduct periodic checks
on the timing mechanism; and, in the event of a complaint of inappropriate
operation, agree to investigate, and if necessary, rectify the problem within
three days of the report or open the gate until it is repaired. The agreement
shall be submitted to, reviewed and approved in writing by the Executive
Director.
3. Signage. Prior to the transmittal of the permit, the City of Carlsbad
shall submit a sign plan indicating the content, placement and size of signs
placed at this beach access point. The signs, such as those on the site at
this time, must remain indicating this stair as a public access point. In
addition, a sign shall be added indicating the locking times of the gate.
Instructions for operating the release mechanism must also be included for
those caught between the gates at locking time. These sign plans shall be
submitted to, reviewed and approved in writing by the Executive Director.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Project Description. The applicant, the City of Carlsbad, proposes to
install a time-lock gate at the public beach access stairway at the
intersection of Ocean Avenue and Christensen Way. A gate with a time lock
will be installed at the entrance and the exit of the stairway. The proposed
hours for locking are from 10 pm. to 5 am. every evening.
2. Background. The gate proposed is a constant contact mechanism that
will lock automatically at the preset hours. A release mechanism inside the
gates will allow persons caught between the gates at the time of locking to
get out. A similar gate to a private stairway which is also open to the
public is located in the area and is reported to be working well and reliably
for the past 5-^ months. However, each gate is easy to defeat by jamming, but
needs only have the jamming implement removed to ensure locking.
6-85-404
Page 3
The location of the proposed gates is unique and is the one feature of this
project that will argue against a similar gate in the community. The stairway
in this case has walls of the adjacent buildings completely enclosing it,
thereby effectively constructing a narrow corridor with only a small entrance
and exit and no view from the sides. The other public access stairways in the
vicinity are not so encased and would be more difficult to bar passage. It is
this characteristic of the project location that caused the City to submit
this application. Because the stairway is completely enclosed, it provides an
especially private place for persons wishing to hide their activities, and
there have been a number of complaints made to the City and Commission about
noise, especially late in the evening, loitering and public nuisance problems.
TUgr.-. ^^-g — — cit" o"!*in3.r~ss in *~hs Ci*"" of Carlsbad ~rohibi?" ir." t^£ USE of
the beach during late evening hours. Neither do any laws exist prohibiting
the use of the Carlsbad State beach for pedestrian activity during the
evening. The State Parks and Recreation Department, which has jurisdiction
over the adjacent Carlsbad State Beach, does not allow use of the beach public
parking areas from 11 p.m. to 6 a.m. in an attempt to prevent people from
camping on the beach, but persons strolling or sitting on the beach are not
violating any laws.
The City of Carlsbad's Police Department does routinely patrol the beach
areas, but has not noted any exceptional activity at the location of this
proposed gate. Since it is the view of the Commission that a City ordinance
regarding the use of the beach could be more prohibitive, possibly
encompassing a larger area and broader restrictions; and and the city police
do not note any exceptional activity warranting such an ordinance, the
Commission has a limited number of options. The Coastal Commission does not
wish to suggest prohibiting use of the beach by all, as in an ordinance, in
order to control the misuse by a small group in a specific area. Therefore,
this permit will be issued for a trial period of of one year only.
Furthermore, with regard to the location of this stairway, there are two other
access stairways to the south, one block and two blocks respectively and
another stairway one block to the north. Therefore, permitting this gate,
will not necessarily make access to this part of the beach prohibitive, nor
unduly burdensome, because of nearby access. However, it will restrict access
to some, and it will interfere with access by emergency or police officials.
In fact, it is possible that a gate may defeat the very agency most likely to
be active in assisting with this community concern. This possibility provides
another reason for issuing this permit for a trial period. A proposal for a
similar gate, not surrounded as this is, by open access points, would be
considered a project of an extremely different nature.
Section 30210 of the Coastal Act states:
"...maximum access... shall be provided for all the people
consistent with public safety.needs and the need to protect public
rights, rights of private property owners, and natural resource areas
from overuse."
F-7
6-85-404
Page 4
Also pertinent is Section 30214 of the Coastal Act which establishes in more
detail the factors to be used in a decision to in some way regulate the public
right to beach access:
"(a) The public access policies of this article shall be implemented
in a manner that takes into account the need to regulate the time,
place, and manner of public access depending on the facts and
circumstances in each case including, but not limited to, the
following:...
(3) The appropriateness of limiting public access to the right
of pass and repass depending on...the proximity of the access
area to adjacent residential uses.
(4) The need to provide for the management of access areas so as
to protect the privacy of adjacent property owners and to
protect the aesthetic values of the area by providing for the
collection of litter."
In this case, the Commission finds that the need to provide a higher degree of
control at a particularly constricted public access stairway, the ability of
the public to use this stairway during the majority of the day and the
proximity of other beach access points for use during the evening provide the
foundation for the finding that this project complies with Sections 30210 and
30214 of Chapter 3 of the Coastal Act.
However, the Commission is hesitant to limit beach access in any manner,
especially if there is even a small possibility that it • doing so for a
transient problem or one caused by an inappropriate lev af development or
location of desirable public facilities. There are other alternatives to the
solution of this problem, one suggestion is the addition of high intensity
lights along the stairwell to alter the perception of privacy. Also, since
this situation appears to be most serious during the summer, a less permanent
and seasonal response, such as increased police patrols, might be more
acceptable than a permanent measure or structural solution. Therefore,
Special Condition No. 1 has been added to afford both the City of Carlsbad and
the Coastal Commission, as well as the affected community, an opportunity to
reevaluate the decision to allow this gate.
Special Conditions 2 and 3 have been added to require submittals of both a
maintenance plan and a signage plan for the review and approval of the
Executive Director. The constant functioning of the gate is essential to
ensure the continued access of the public when the stairway is available for
use during the day. The provision of information on the signs about the
locking times and the fact that the stairway, although locked during the late
evening, remains a public accessway is also important to the guarantee of
public access. The Commission finds that with addition of these important
conditions that'this project should not interfere with the public access to
the beach and can be found in compliance with the Chapter Three policies of
the Coastal Act.
6-85-404
Page 5
3. Local Coastal Planning. Section 30170(f) and 30171 of the Coastal Act
were special legislative amendments which required the Commission to adopt and
implement a Local Coastal Program for portions of the City of Carlsbad and
county islands prior to specific statutory dates. In reviewing development
proposals, the Commission must essentially act like the local government and
assess whether a project is consistent with the implementing zone. Here, the
proposed development is an accessory improvement to a public beach accessway
and it has been approved by the City of Carlsbad. Project approval should not
therefore, interfere with implementation of the City's certified local Coastal
Program.
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval,
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
(5404R)
F-8
_ 1200 ELM AVENUE
CARLSBAD, CA 92008-1989
TELEPHONE
i6i9> 433-c57i
Citp of Cartebab
PARKS & RECREATION DEPARTMENT
December 12, 1985
Peter Douglas, Executive Director
California Coastal Commission
San Diego Coast District
1333 Camino Del Rio South, Suite 125
San Diego, CA 92108-3520
Letter of Agreement
This letter will serve as an agreement between the California
Coastal Commission and the City of Carlsbad regarding the beach
access at Ocean Avenue and Christensen Way, in Carlsbad. The
assessors Parcel Number is 203-235-03.
The City agrees to the following:
1. The City will conduct all necessary repairs and maintenance to
the time lock gate.'
2. The City shall conduct periodic checks of the timing mechanism.
3. In the event of a complaint of inappropriate operation, the City
agrees to investigate, and if necessary rectify the problem
within 3 days of the report or open the gate until it is rep-aired
To indicate acceptance of the Agreement please sign in the space belo'.
on each copy, please send the original back to the City, and keep the
copy for your records.
David L. Bradstreet
Parks & Recreation Director
Date
Peter Douglas
Executive Director
Date
F-9
EXHIBIT NO. \
APPLICATION NO.
1200 ELM AVENUE fl^SS^M TELEPHONE
CARLSBAD, CA 92008-1989 • jffif l • (619)438-5571
dtp of Cartebao
PAflKS <& RECREATION DEPARTMENT
January 9, 1986
Debra Lee
California Coastal Commission
San Diego Coast District
1333 Camino Del Rio South, Suite 125
San Diego, CA 92108-3520
Dear Ms. Lee,
Here is the maintenance agreement between the City and Coastal
Commission for the time-lock gate at the Christensen Way
Beach access in Carlsbad. This was one of the requirements for
the installation of the time-lock gate. Please sign the 2 copies
and return the original to our department and keep the copy for
your records.
In addition, I included the following information pertaining to
signs at the site:
1. Picture of existing signs at the site.
2. Picture of the sign that will indicate to push the button
to release the gate for an emergency exit.
3. A copy of the sign that will be placed on the gate to show
the hours.of operation.
I believe this is all you required. Please let us know when we
can proceed with the installation of the gate.
If you need any additional information, please give me a call or
Doug Duncanson.
Sincerely,
MARSHA PAXNE ,
Administrative Assistant
MP:hlj
nents .
F-10
3£&<t-'S«&nr*gr't:x&-±i,Ipiferf
RELEASE GATE FOR
EMERGENCY EXIT
PUBtlC.
BEACH
ACCESS
NO BOARD!
SURHKGJ
YOUR OWN BISK
NO GLASS
CONTAINERS
'CONSUMPTION '
OF ALCOHOLIC ;
BEVERAGES i
PROHI8ITED
BOGS MUST lit
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STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE OEuK.wEjUM .---.
•CALIFORNIA COASTAL COMMISSION COASTAL DEVELOPMENT PERMIT NO. 6J!5_404.
"~\N DIEGO COAST DISTRICT Page 1 of 3 '-'
J33-CAMINO DEL RIO SOUTH, SUITE 125 ~-»
SAN DIEGO. CA 92108-3520 ~
(619) 297-9740
On October ?4t 1985 . the California Coastal Commission granted to
Ci_t_y_pf Ca rjsb_ad~ . .
this permit for"the development described below, subject to the attaches
Standard and Special Conditions.
Description: Installation of a time lock gate at the entrance and exit of ,i
public beach access point.
Site: Beach Access at Ocean Ave and Christensen Way, Carlsbad, San
Diego County APN: 203-235-03
Issued on behalf of the California Coastal Commission by
PEILR DOUGLAS
Executive Director
and
IMPORTANT- THIS PERMU IS NO! VALID UNLESS AND UNTIL A COPY OF THE PERMl!
ACKNOWLEUGEMENI HAS BEEN RETURNED TO THE COMMISSION Of-f-K.E.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to abide by
all terms and conditions thereof.
Oate Signature of Permittee
F-13
COASTAL DEVF.I.OPMF.NT PERMIT NO. 6-85-404
Page 2 of __3
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, siqned by the
permittee or authorised agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. F.xpi ration. If development has not commenced, the permit will expire tv
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in ,1
reasonable period of time. Application for extension of the permit iiust
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance not. i
6. Assignment. The permit may be assigned to any qualified person, prov; :
assignee files with the Commission an affidavit accepting all terms .••• -•"
conditions of the permit.
7. Terms and Conditions Run with the land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permit tr/i
to bind all future owners and possessors of the subject property to the
terms and conditions.
SPF.CIAL CONDITIONS:
1. Review Period. This permit is valid only for one year. The City of
Carlsbad may reapply for continuation of the permit at the end of the year.
Upon reapplication, the City of Carlsbad will present to the Coastal
Commission an evaluation of the effectiveness of the gate in limiting the
public nuisances in the area and an assessment of the gate's performance
record and maintenance requirements. This evaluation shall include, among
other items, the number and nature of complaints regarding the operation of
the gate, as well as specific findings by the City of Carlsbad Police
Department regarding the effectiveness of the gate.
F-14
COASTAL DEVELOPMENT PERMIT NO. 6-85-404
Page 3 of 3
SPECIAL CONDITIONS - continued:
2- Maintenance. Prior to the transmittal of this permit, the City of
Carlsbad shall submit a maintenance agreement specifying that in addition to
all necessary repairs and maintenance, the City shall conduct, periodic checks
on the timing mechanism; and, in the event of a complaint of inappropriate
operation, agree to investigate, and if necessary, rectify the problem within
three days of the report or open the gate until it is repaired. The agreement
shall be submitted to, reviewed and approved in writing by the Executive
Director.
3. Si_g_na_ge._ Prior to the transmittal of the permit, the City of Carlsbad
shall submit a sign plan indicating the content, placement and size of signs
placed at this beach access point. The signs, such as those on the site at
this time, must remain indicating this stair as a public access point. In
addition, a sign shall be added indicating the locking times of the ga-te.
Instructions for operating the release mechanism must also be included for
those caught between the gates at locking time. These sign plans shall be
submitted to, reviewed and approved in writing by the Executive Director.
(5404P)
F-15
State 01 California, George Deukmejian, Governor
California Coastal Commission
..1333 Camino Del Rio S., Suite 125
;an Diego, Ca 92108
(619)" 297-9740
DATE:
APPLICANT:
•/ / / '.,- . ' i,vc
NOTICE OF ACCEPT
/
''': -''/-
DOC'JIffiNTS OR PLANS:
SUBMITTED IN COMPLIANCE WITH SPECIAL CONDITION (S) NO(S). ' .'j ' J '
OF DEVELOPMENT PERMIT NO. „•.' '.'"'" X" - ^
Material submitted in compliance with said Special Condition(s) of your
development permit has been reviewed fay the District Director and found to fulfill
the requirements of said condition(s). Your submitted material and a copy of this
letner have been made a pare of the permanent file.
Sincerely,
Pom Crandall
District Director
By:
F-16
State of California, George Deukmejian, Governor RECEIVED.'':'- :: :-.'X
California Coastal Commission
San Diego District
1333. Camino Del Rio S., Suite 125
San Diego, Ca 92108
(619) 297-9740
APPLICATION FOR AMENDMENT TO DEVELOPMENT PERMIT
Application for an amendment to a previously issued development permit may be
made by submitting this form, completed and signed, together with the materials
detailed below and the application fee.
Materials to be submitted are:
1) Revised plans showing the proposed amendment.
2) Stamped, addressed envelopes for all property owners and residents
within 100 feet of the development and list of same.
3) An application fee of $25.
The Executive Director will determine if the proposed amendment is a material
change to the approved project. If the change is found to be non-material, notice
to adjacent owners will be given. If no adverse comments are received within 10
working days, the amendment will be issued.
If adverse comments are received or if the Executive Director determines that it is
a material change, the application will be scheduled for consideration by the
Commission.
Name, address, and telephone number of APPLICANT:
Name, address, and telephone number of APPLICANT'S REPRESENTATIVE (if any)
Date of Issuance and Control Number of original permit:
Description of PROPOSED AMENDMENT:
TO BE COMPLETED BY COMMISSION:
Date Received:
Date Filed:
Application Fee Received:
-1 7
CERTIFICATION
I hereby certify that I or my authorized representative will complete and post the
"Notice of Intent" form furnished me by the Commission in a conspicuous place on
the development property upon receipt of said notice.
I hereby certify that to the best of my knowledge the information in this
application and all attached exhibits is full, complete, and correct, and I
understand that any misstatement or omission of the requested information or any
information subsequently requested may be grounds for denying the application, for
suspending or revoking a permit issued on the basis of these or subsequent
representations, or for the seeking of such other and further relief as may seem
proper to the Commission.
Signature of applicant(s) or agent
I hereby authorize to act as my
representative and bind me in all matters concerning this application.
Signature of applleant(s)
::''13 AUG i i is*
LVWJ 4' '-4 <-
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F~18
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/
RUSINGS ENTERPRISES
4215 Harrison St.
Carlsbad, California 92008
August 4, 1986
Dave Bradstreet, "^arks & Recreation Director
Lynn Chase, Recreation Superir. ten dent
Parks & Recreation "Bept.
1200 Elm Street
Corlsbad, Calif. 92003
Tear Dave & Lynn,
SUBJECT: c'ET SKI RA.CE3-AG"A 7lSDin:?A LAGOON
Enclosed please find 2 cooy if a letter sent to my by B.C. Enterprises
and Cana Point Jet Ski, regarding our jet ski races during the off
season or winter months at Snug Harbor. V.:e have had jet ski races
in the past with no uroblems.
There will be a or cv I si en in the insurance nailing the City of Carlsbad
and Snug Harbor Marina as additional insured. The past jet ski races
as well as future races will be held in the front area by Snug Harbor
ski beach. Therefore ir, ;vill not be necessary to close the lagoon to
the public, being we will only be using a snail portion in front,
(MAP ENCLOSE?) launching and boating will ba a: lowed.
The oroucsed dates are as follows; September 27-2b (most desired)
October 13-13 (alternative dates)
repenting or: date of approval frorr. the City Council, y.'e need at
least ;j weeks prior to r?.ce Jay to crjunir.e, sere out invitations
to racers and apply for insurance for the dates a>.>;;rovsa.
The recent Oceanside races :;el: B~ the pier -.vere sancti^-r.od by the
International Jet Ski Association. Tr.is event has brought sone of
the top circuit racers ir. the area, rcreat ;."blic attendsncs^
advertising for the area and al rt of fun for '•;"]. Tris articular
event vre s pn oc^ar. rr.ce, the least c/esirec "' • rost rrcers who
prefer to r-^ce r.ere ir:. Carlsbed. V/e -;rovide a '.'r'ntected. lagoon '.vith
a lai^ch ra?ip, snack ba.-, ^roshc;) and excellent viewing area their
needs are fully met.
The International Jet Ski & Boatin- Association has approved *his
lagoon for their next race. This ci. ulc be '.-.. freat v/intor activity for
Snug Harbor and Carlsbad. Time is of the essence. Y'e truly hope v?e
can work together on tliis oroject r.n d the results to be a positive one.
Thank you for your time and consideration in this matter.
Sincerel-
.V.-**?
Attachment G
B.C. ENTERPRISES
P.O. Box 6215
Laguna Niguel, California 92677
July 1M, 1986
Mr. Greg Rusing
SNUG HARBOR MARINA
4215 Harrison Street
Carlsbad, California 92008
Dear Greg Rusing:
This letter will serve as a follow-up to our conversation we held last
Thursday.
As stated my company in cooperation with Dana Point Jet Ski would like to
sponsor a series of Jet-Ski races in the Snug Harbor Marina.
As agreed considering the area we require is not that great, closing the
Harbor to the public would not be necessary.
Also I indicated our races would be sanctioned by the International Jet-Ski
Boating Association which would provide us with liability insurance.
We hope you agree to the terms mentioned for the first race (in September)
which gives you the entire gate and concessions.
Also discussed, the possible profit changing plan in future races if feasible.
I hope these terms meet with your approval and enable us to commence planning
as soon as possible.
Presently, the following dates are available, September 6 and 7; 27 and 28;
October M and 5; 18 and 19.
As you can imagine we would like as much lead time as possible to organize
this event so your prompt consideration and reply will be greatly appreciated.
Feel free to call me or Ron Syperda to answer any questions you may have.
Looking forward to hearing from you.
Sincerely,
Bradlev/<aithbertson7cc: Dana Point Jet Ski
G-l
B. C. ENTERPRISES
P.O. Box 6215
Laguna Niguel, California 92677
July 22, 1986
Greg Rusing
Snug Harbor Marina
4215 Harrison Street
Carlsbad, California 92008
Dear Greg,
As a follow-up to our telephone conversation yesterday I wish to convey our
eagerness to commence our planning of this race in your marina.
As you know our intentions are to get in this race before the end of the
season and then plan a winter series.
As mentioned, our best dates are September 27 and 28.
To provide the IJSBA with their 45 day required advance planning for the
sanction I have a deadline of August 1J. As you know we intend to present a
very well organized and exciting event which will necessitate our commencement
of planning as soon as possible.
Looking forward to hearing from you soon and happy to answer any questions you
may have.
Please contact me or Ron Syperda at (714) 661-4947. Looking forward to a
rewarding relationship.
Sincerely,
Bradley <0uthbertson
cc: Dana Point Jet Ski
G-2
03Q
c.o
G-3
RECEIVED AUfi 0 5BW ,4
WHEREAS, the State of California has
a varied coastline of sandy beaches, rocky
shores, marshes and tidal flats; and the
coast provides a rich scenic, recreational,
cultural and historical heritage; and
WHEREAS, the City of Carlsbad is strongly
committed to the wise management of the coastline
to ensure that the environmental and economic
value of the coastal zone will be sustained;
WHEREAS, preserving the productivity
and quality of coastal resources requires
public awareness and support and an understanding
that protection of the coast is a responsibility
shared by individual citizens, the business
community and public institutions; and
NOW, THEREFORE, I, MARY CASLER, Mayor
of the City of Carlsbad, California, do hereby
proclaim the week of September 20-29, 1986
as "COAST WEEK" and designate September 20,
1986 as "CALIFORNIA COASTAL CLEAN-UP DAY"
in the City of Carlsbad.
August 1, 1986
MAYOR ,/' DATE
Attachment H
ENDORSEMENT
COASTWEEK
CALIFORNIA COASTAL CLEAN UP
SEPTEMBER 20 THROUGH 29, 1986
The City of Carlsbad endorses and supports
(name of organization)
COASTWEEK/ the national celebration of our coastal resources,
September 20 through 29, and the CALIFORNIA COASTAL CLEAN UP,
September 20.
This endorsement recognizes the need for all sectors to
work together to assure the wise use of all resources, living and
non-living.
COASTWEEK is a citizen's network of organizations and
individuals who annually focus attention of the salt and freshwater
shores of our nation, during the Fall.
Signed: / U««^v^ L^WU^-^ Title: Mayor
Organization: Tity of Carlsbad, CA
Address: 1200 Elm Avenue
City, State and Zip Code: Carlsbad, CA 92008
Date: August 1, 1986 Phone: ( 619 ) 438-5599
Please mail a copy to each of the following:
Jack Liebster Barbara Fegan
California Coastal Commission COASTWEEK
631 Howard Street, 4th Floor P.O. Box 545
San Francisco CA South Wellfleet MA
94105 02663
H-l1801
OO
CITY OF CARLSBAD - AGENDA BILL
Ap* ?73^
MTQ 8~5-86
nPPT CLK
TITLE:
INITIATIVE PETITION - CONSTRUCTION
OF FACILITIES IN MACARIO CANYON PARK
DEPT. HP. fiA_
CITY ATTY 'O^
CITY MGR.
RECOMMENDED ACTION:
Select one of the alternatives explained below, and act on the documents
corresponding with that alternative. _ ____*^~ ~~
ITEM EXPLANATION
An initiative petition has been processed in accordance with the requirements of
the California Elections Code. The signatures on that petition have been
examined per section 3708 of the Elections Code, and the petition has been
certified as to sufficiency. Options now available to Council with regard to
that petition are as follows:
Alternative 11 -Introduce the ordinance, without change, as submitted.
Section 4>010 of the Elections Code provides that Council may introduce the
ordinance without alteration at the meeting at which it is presented, and adopt
the ordinance within ten days after it is presented.
If Council selects this alternative, their action would be to introduce
Ordinance No. /3 9 / » which is attached to this agenda bill.
Alternative 12 - Place the ordinance on the ballot of the November 1986
O
General Municipal Election.
Section 4010 of the Elections Code also provides that Council may immediately
order a special election at which the ordinance, without alteration, shall be
submitted to a vote.
If Council selects this alternative, the first action would be to adopt
Resolution No. P73o , amending Resolution No. 8670, to Include the
submission of the ordinance to the qualified electors of the City at the
November 4, 1986 General Municipal Election.
If Council places the matter on the ballot, they need to consider their options
concerning the filing of arguments and preparation of an impartial analysis.
A. Filing of Arguments. If Council desires to designate a few, or all of their
members, to prepare and submit an argument against the ordinance, it would
be necessary to adopt Resolution No. £731 attached. The deadline for
submittal of arguments to the City Clerk's Office has been established as
August 25, 1986.
8. Impartial Analysis. If Council desires the City Attorney to prepare an
impartial analysis on the matter, they should adopt Resolution No. f73*t
attached. The deadline for the submission of the impartial analysis in the"
City Clerk's Office is August 25, 1986.
Attachment I
PAGE 2 OF AB »
EXHIBITS
1. Resolution No. ? 73° , amending Resolution No. 8670 to Include the
submlttal of the ordinance to the voters.
2. Resolution No. £"73 I > which would allow Council to designate a Pew, or
all of their members, to prepare and submit an argument against the
proposition.
3. Resolution No. P7«3'3L > directing the City Attorney to prepare an
impartial analysis of the proposition.
*. Ordinance No. )3.9 / > requiring the City to construct certain'facilities
for recreation in Macario Canyon Park during 1987 and 1988.
a
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RESOLUTION NO. 8730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 8670
CALLING AND GIVING NOTICE OF THE HOLDING OF THE
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SUB-
MISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN
ORDINANCE REQUIRING THE CITY TO CONSTRUCT CERTAIN
FACILITIES FOR RECREATION IN MACARIO CANYON PARK
DURING 1987 AND 1988.
WHEREAS, the City Council adopted Resolution No. 8670
calling a Municipal Election to be held in said City on Tuesday,
November, 4, 1986 in order to elect a mayor and two members of
the City Council; and
WHEREAS, an initiative petition was processed in
accordance with California Elections Code; and
WHEREAS, the signatures have been verified in
accordance with Section 3708 of the California Elections Code;
and
WHEREAS, in accordance with Secton 4011 of the
California Elections Code, the petition has been certified as
sufficient in that it is signed by not less than ten percent of
the voters of the City; and
WHEREAS, the City Council of the City of Carlsbad has
determined to submit the ordinance to the qualified voters of
the City of Carlsbad at the Municipal Election being held on
November 4, 1986,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Carlsbad, California, does hereby declare, determine
and order as follows:
A. That the above recitations are true and correct.
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i §F BIONDO, JR.C CITY OF CARlELM AVENUECALIFORNIA 92CZ "* 0 a
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B. That Resolution No. 8670 is hereby amended to
include the submission to the qualified voters of said City an
ordinance hereinafter set forth requiring the City to construct
certain facilities for recreation in Macario Canyon Park during
1987 and 1988.
C. The ordinance submitted to the voters shall be as
follows:
The People of the City of Carlsbad do ordain as follows:
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build in the Macario Canyon
Park, all of the following:
1. Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield fence of three
hundred feet, and each field lighted for night use;
2. Pour (4) rectangular soccer/football fields, each
with minimum measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted for night
use;
3. One (l) community center, containing a gymnasium
large enough to house an official full sized basketball court,
plus spectator seating;
4. A tot lot, picnic area, and adequate public
facilites (restrooms, parking lots, bleachers, etc.) to service
the entire Ballfield and Sports Complex facility.
We believe the estimated cost of this project to be
approximately Three and One-Half Million Dollars ($3,500,000.00)
and feel that it is a good investment in our City's future.
Severability Clause. If any section, subsection,
sentence, clause, phrase, part of portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a final
judgment of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Ordinance, which shall remain in full force and effect."
D. That on the ballots to be used at said general
election, in addition to any other matters required by law, and
in addition to any other matters specified in Resolution No.
8670, there shall be printed substantially the following:
asv)
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Shall an initiative ordinance be adopted as follows:
"During the calendar years 1987 and 1988 the
City of Carlsbad, California shall (must) build in
the Macario Canyon Park, all of the following:
1) Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield
fence of three hundred feet, and each field lighted
for night use; 2) Four (4) rectangular
soccer/football fields, each with minimum
measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted
for night use? 3) One (1) community center,
containing a gymnasium large enough to house an
official full sized basketball court, plus spectator
seating; 4) A tot lot, picnic area, and adequate
public facilites (restrooms, parking lots, bleachers,
etc.) to service the entire Ballfield and Sports
Complex facility. We believe the estimated cost of
this project to be approximately Three and One-Half
Million Dollars ($3,500,000.00) and feel that it is a
good investment in our City's future.
YES
NO
E. That a cross (+) placed in the voting square after
the word "YES" in the manner hereinbefore provided shall be
counted in favor of the adoption of the ordinance. A cross (+)
placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the ordinance.
F. The ordinance submitted by this resolution shall
be designated on the ballot by a letter printed on the left
margin of the square containing the description of the measure,
as provided in Section 10219 of the Elections Code.
G. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of
original resolutions of said City; and shall make a minute of the
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passage and adoption thereof in the record of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED at a regular meeting of said City
5 ij Council held on the day of , 1986 by the
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following vote, to wit:
AYES:
NOES:
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ , City Clerk
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RESOLUTION NO. 8731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A
CITY MEASURE.
WHEREAS, a General Municipal Election Is to be held In the
City of Carlsbad, California, on November 4-, 1986, at which there
will be submitted to the voters the following measure:
Shall an Initiative ordi nancebe adopteHas fo1 lows:
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build In the
Macarlo Canyon Park, all of the following: 1) Five
(5) baseball/softbal1 fields, each with a minimum
distance from home plate to any outfield fence of
three hundred feet, and each field lighted for night
use; 2) Four (*) rectangular soccer/softbal 1 fields,
each with minimum measurements of two hundred feet
wide and three hundred fifty feet long, each field
will be lighted for night use; 3) One (1) community
center, containing a gymnasium large enough to house
an official full sized basketball court, plus
spectator seating; ^) A tot lot, picnic area, and
adequate public facilities (restrooms, parking lots,
bleachers, etc.) to service the entire Ballfleld and
Sports Complex facility. We believe the estimated
cost of this project to be approximately Three and
One-Half Million Dollars ($3,500,000.00) and feel
that it is a good investment in our City's future.
YES
NO
NOW, THEREFORE, BE IT RESOLVED that the City Council of the I
iCity of Carlsbad, California, does declare, determine and order •
as follows: I
Section 1. That the above recitations are true and
correct. ;
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Section 2. That the City Council, authorizes ;
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proposition set forth in the recitals hereof in accordance with
4 Article <f, Chapter 3, Division 5 of the Elections Code of thei5State of California, and to change the argument untii and
6 including the date fixed by the City Clerk after which no
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arguments for or against said City measure may be submitted to
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
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Carlsbad City Council held on the day of
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1986, by the following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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MARY H. CASLER, Mayor
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20 ATTEST:
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22 | ALETHA L. RAUTENKRANZ, City Clerk
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2 RESOLUTION NO. 8732
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5 CONSTRUCTION OF FACILITIES IN MACARIO CANYON PARK.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANAYLSIS OF THE PROPOSITION PERTAINING TO
WHEREAS, a General Municipal Election is to be held in the
City of Carlsbad on November 4-, 1986, at which there will be
submitted to the qualified voters of said City, the following
Proposition, to wit:
Shall in initiative ordinance be adopted as follows: "During
the calendar years 1987 and 1988 the City of Carlsbad,
California shall (must) build in the Macario Canyon Park, all
of the following 1) Five (5) basebal I/ sof tbal 1 fields, each
with a minimum distance from home plate to any outfield fence
of three hundred feet, and each field lighted for night use;
2) Four (4-) rectangular soccer/ footbal 1 fields, each with
minimum measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted for night
use; 3) One (1) community center, containing a gymnasium
large enough to house an official full sized basketball
court, plus spectator seating; 4-) A tot lot, picnic area, and
adequate public facilities (restrooms, parking lots,
bleachers, etc.) to service the entire Ballfield and Sports
Complex facility. We believe the estimated cost of this
project to be approximately Three and One-Half Million
Dollars ($3,500,000.00) and feel that it is a good investment
in our City's future.19
WHEREAS, the City Council desires to have an impartial20
analysis prepared showing the effect of the Proposition on
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existing law and the operation of the Proposition;
K>(~>
NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED
AND ORDERED by the City Council of the City of Carlsbad as. :•
follows :
SECTION 1. Pursuant to the provisions of Section 5011 of the
Elections Code of the State of California, this City Council does
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direct the City Attorney to prepare an impartial analysis of the
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Proposition.
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SECTION 2. The impartial analysis shall not exceed 500
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words in length.
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PASSED, APPROVED AND ADOPTED by the City Council of the City
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of Carlsbad on , 1986 at a Regular Meeting
thereof by the following vote, to wit:
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AYES:9
NOES:
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ABSTAIN:
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ATTEST:
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MARY H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO. 1291
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AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD,
CALIFORNIA REQUIRING THE CITY TO CONSTRUCT-
CERTAIN FACILITIES FOR RECREATION IN MACARIO
CANYON PARK DURING 1987 AND 1988.
The people of the City of Carlsbad, California do
ordain as follows: .
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build in the Macario Canyon
Park, all of the following:
1. Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield fence of three
hundred feet, and each field lighted for night use;
2. Four (4) rectangular soccer/football fields, each
with minimum measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted for night
use;
3. One (1) community center, containing a gymnasium
large enough to house an official full sized basketball court,
plus spectator seating;
4. A tot lot, picnic area, and adequate public
facilites (restrooms, parking lots, bleachers, etc.) to service .
the entire Ballfield and Sports Complex facility.
We believe the estimated cost of this project to be
approximately Three and One-Half Million Dollars ($3,500,00.00)
and feel that it is a good investment in our City's future.
Severability Clause. If any section, subsection,
sentence, clause, phrase, part of portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a final
judgment of any court of competent jurisdiction, such decision
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-v;u ". ' . 'shall not affect the validity of the remaining portions of this -
Ordinance, which shall! remain in full force and effect."
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EFFECTIVE DATE; This ordinance shall be effective
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thirty days after its adoption, and the City Clerk shall certify
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to the adoption 4of this ordinance and cause it to be published at
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least once in the Carlsbad Journal within fifteen days after its
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adoption.
'•}'?.• "1$. |Nl'ROpUCED'?':AN0' FIRS^ READ at a regular meeting of the:\ V i Pt W . i* .• >*' '.' • • . .v*-8fl '^ *• ^> ' ' '. •: ^--
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Carlsbad City Council held on the day of ,
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
4 Council held on the day of ' ,1986, by
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the following vote, to wit:
.AYES:
NOES: ' :
ABSENT:
APPROVED AS TO ' FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
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MARY H. CASLER, Mayor
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'ATTEST; -'V1''*
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ALETHA L. RAUTENKRANZ , City Clerk
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CITY OF CARLSBAD presents a FREE concert with the
SAY HIGO POPS
7:00 pm SUNDAY, AUGUST 31, 1986
Grounds will open for picnics at 5 .pm
CARLSBAD RESEARCH CENTER
(Just off Palomar Airport Road)
BROUGHT TO YOU BY
HOKHN MOTORS
FOR FURTHER INFORMATION CALL CULTURAL ARTS, CITY OF CARLSBAD, 931-2901
With additional support from I c«»i»»°V^>»n»« tBHSS
the Koll Company, Templeton Grading and Ray Kawano.
Attachment,
".The Green Sheet"
Barks ancl Recreation Commission
,Itt; August 18, 1986 --'''••
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Jump on thetsjpQ^ts wagon. There are still spots left, for
the City Ertlloyees1 Grand Slam Night, Friday, August 22,
1986., T%« ff^.is ;$14^00, which includes transportation,
happy ".half 'hoiJl>and lodge seats between home, and third
base t.6t watjjhjthe Padres take on the Phillies. For more
j-^^-^r^^j^J* __: to register, call 438-5574.
- _Rosemary EsiwlMnan, Recreation Supervisor's last day will
be '
The Day trippers took two busloads of people to the Laguna
Arts Festival for the Pageant of the Masters last week.
Everyqn^ ei%jo|j€^ themselves. . ,
Carlsbai rwflfe hosting an "Unratad" Beach Volleyball
Tournaii«|S€**as part of the California Beach Volleyball
Association sftraner schedule. Local players from through-
out Orange, LOs Angeles, and Santa Barbara counties will
tconverctj|;<Son '€lj^ Oceanside Harbor beach for .the festivities
""schedula-d 4JQ3C September 6th and 7th.^~ ' ........ '.. , . .
Carlsbad 'hosts the Fourth Annual Carlsbad Morey Boogie
BodyboardXhanJjpionships on September 13, 1986. Action
takes place *atit Carlsbad State Beach at Pine Street, and
brings together bodyboarders from throughout Southern
California.
From June 16 to July H4 o'f this summer, the Community Swim
Complex has run 94 swimming lesson classes. That averages
over 31 classes per day, taught to 714 registered students.
The Fall 1986 Parks & Recreation Brochure is out. Take a
litt lei time and look through it.
We'd like to wish good luck to Glen Boodry, Recreation
Specialist; Mark Elvin, Recreation Leader; Graham Jordan
and Dave Haubert, Facility Attendants. All four are leaving
within* the next month for college.
Carlsbad 'tSpastal Clean-Up is Saturday , September 20, 1986,
at 8:3Q a-Iin. , scheduled to meet at Tamarack State Beach
parking
Parks $ta®f has been preparing the land and planting grass
at the;.Ko!l property for the symphony on the green.
••'s ''" To hel» buffer the site, Parks staff has and will be planting
trees gsui-screenery around the perimeter of Fuerte field.
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StagecQac*^<$afiftunity Park Slope Stabilization - .Staff will go
;;—'—''':-'v;'-.;;P--^^ito;st^%j2i^pJS?uncil to'request a change ortfet q^ fhe construction
A- y r ] UKjicoRtiracthio;'include the slope stabilization wofk to be performed
•'.,.\ ,-,.,''" iby :Clitamac> Inc. Cost estimates currently being reviewed indicate
';?;^ -^ "S4Sail;*g^di^pjn^f appropriation request will bt Ade |or $341,000.
.^•''^r"'.^^ -i-^**i:-^?:s..v,,t ^7';''J;.:' • ' • " " V- •' ' ^
'"^'v: •' "'^'^feo •..:-'•..;. Qaia^;pa;r;|llils" Community Park - RSI has revised fthe grading
-!; , plans for the "development of ^the park. -T»;City Engineering
h*s~ s*a-ff ^ftc^reRtly reviewing :thes£ plans b%£«:e "they can
&?:^-;.:;-.:. s;i»;:^B^id^-'.±:- ?""-' " ; "*'^
-« ^T. :'7• ~ , 4 - v ••
The JGOlJj- Co'ur'sd Feasibility Study is contimx4|ig. A much needed
base map is currently £eing developed for tn«(f study area. The
base map i$ essential in identifying possible eovironmental
'' ' r "
t,^r, ' , . ./',
Stalf is continuing negotiations With Samror% Properties to
identify possible parlcland within the soutfttwe'st quadrant. A
parks agreement has been entered into whi.cm will pfovide for
aft^up- front idedication of ten acres. ' ' ''*'"
, ..»• -i,An initiative for a sports complex to be built in Macario
Canyon has qualified for the November ballot. ,_ "f he initiative
is currently being analyzed by Parks Depar£men*t ^stfftff ." • '