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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 I 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 r r| H i RAF:Id 30:86-15.MDS Price/Acre $ 157,000 submitted, RICHARD A. FULLER. M. A. I. C-6 ID 00in vo «• c <|j0,0,3 0) 4-1 § 0) 4J Co mjj•H 02 Mo> jq «J Sl3i sI— H a I i Q r a ta- 0) s CM VOCM CM *» r* o5? S CM CMo CM vo I X OCM CMVO OoCM ••a*vo ooCM vo vo ooCM co CO C-7 i 4 I 1 L P Ie S .-I•H C/j <y ,~. o a o t! -«c J2.C " >O *"!* jj r* "rf S °rf ±J S 4-1 4J-S 0) *5 u q 3J 4J IH 4-> CL| 3 «H CO CO 3CM O "88 to 3 -Hi U >! 4-1 (0 °8 4J•rt CO •«• 3 « u •-! !3>; CO 3 -H . O > u-i (tt °8|3 3-Hl O > i n> CO 3 -H §4^•n3« u o> CDa ID 5 8 m 8 CO I I 1 I 1 I 3 ?3§ M§O *fl 1 1 I 1 (1) to I a « ovoCN| 8^ CM invo ss VOO CO Ics vo d iooo ro COCM § stt § § ^ VO ^* ro P. o CO .§ 8 vorH fi 3 CO eno C-8 I u R I I 0) <U D 3O j?! 0) Oi 00 00 ^ 3tt) i- 00 4J 0} 2 S3 ^? oo CO 3 0)uM CO 0, OJ C(I)uu 3 0) CO O,-U uo i 8 D1c •Hcuo-< . (Q 4J CO 1 I 804 8o a 1 3 in s s• •o o «o 00ID 1 I I] I 1 u 1 I I oo . CN CQ $i ^y2 O CM s sCM ii CS CM O CM CO CO •no Qg. tqR jq§ iq CM CM CM CM CM fc4 I nen ir>" CM CM mo o 8 V£>CN CM C-9 LfcSS38-J8 o-H +*O 3 (Q C *•* O -nt CQ3 3 -U X-S 3O K CD Q) > O 4Jo 0) eo Ioa stuu 3o 0) 03 to 'tl u0) 0]I. I u3 o> a! a4J rfj 0)•H JJ r3CQ 3 > (0 uu •H CQ -U§ tj il to o*^4 <U CO *'3 .3 vo 1R QO ^3 ^3 ^ ^ ^a a vo in o8 a in CN s g 9 CM CM ft 8 O in•o in•o in I I I i •S1 sI Ul O a u a a 8 j 2 VO ro in H CN CO ^l1 O% OS r- ^* ^ra" a"cs vp cs vp r- o 00 CM o\ oCS CO CN co ^r inCO CO CO CO c-io 31 Itsiuw 2 5 3l!" H *i•9r 0 isica : "8. S, 00 H Is 0) .ug s-8 1-1 J3 £5 alt ^n w •" K 1 4JQ (0 >a i! al lfl.->as CO s 8 ma vo «t S § GOCTl 00 vo g a CM avo K Ot -.o ^o s in »£}in CM a jjj 'rt 1 i 00i° - ai r- cJ " -s M S m H^ S3S .a oaa ino 2 voo 0) m 5 in CO C-ll P|! »* <v «/> L. « Q^M -H tf E f I § "3 d M ti 0) 4J O 4J O S en 4J-q.fiII K in 3* Q) ^ o8 -U§ .aft 4J O •H fllw.2 GO O O in roin o in co' in ca eo 00s r-j o O I a a Oroc4 cs Ovocs aa aa co ** in usin in m 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 11 12 13 _ .14 15 16 17 18 19 20 21 22 23 24 25 . i 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, /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) I fauUkjra miMUILJOJUlUB QUK pa)ejodjooui c~:lx~J i^l || )l uu. «r=«x,r I /j Jl I I ;j r>iteaj3ajKv—f I-- If Ji m CD H ro 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. -1- 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. -2- E-l 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 -3- E-2 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 -4- E-3 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 -5- E-4 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 -6- E-5 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 -7- E-6 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 -8- E-7 APPROVED AS TO FORM VINCENT F. BIONDO, JR. City Attorney SAMMIS PROPERTIES A California by: -9- E-8 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 ?JT Wt:t> ?•*-'fed Or C\ t-s V i \ u-^V 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 o.en 3^ 8 (0 ••m cn of3 ° ^°ro 01 S,*a, qro -P 0) W 3£ITJ a 8**3 V4 oo 00 O OO 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 X X X X X X X X X X X (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 •:-7'w F-ll z UJa. O Q. Oq o oo LLI CL O Q. Oq 6 w o P O O LLJ (/> GL O •••^^B < O < O F-I2 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 <- U V ', 'S 4 f ^ >.<, n U> y F~18 JljJL^M-Z:? a /L&j&~^-3_^ . c-k • , --K^c 7^^T^-j2^k * ^;.^<_ ^H / 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 CD Z'^i £*• ! o^ ^ — i_ > UJz z 8 Q~ z o *" S3 ^ I 1! 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 jj 19 201 22 23 24 25 26 27 28 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. 1-1 a i §F BIONDO, JR.C CITY OF CARlELM AVENUECALIFORNIA 92CZ "* 0 a o 5 2 toZ O </) 5 < <>- 0 o 1 2 3 4 1 1 5 6 II7 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 j i 22 |l 23 24 25 j 26 27? 28 iii1i 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) * <rO .0 5 <u. • -i 3,_ >- ai ^z u o a >-H- 5 1 2 7i 8 9 10 11 12 13 14 i! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- 1-2 Q CD t&<n a 9; < o>- O ui < 2 t < £ i^!-01 z 8 < r o " «) > t cc: 3 t—O 1 2 3 4 ^ 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 1 6 7 8 9 10 11 12 13 following vote, to wit: AYES: NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: 14 | 15 16 17 i ALETHA L. RAUTENKRANZ , City Clerk 18 19 r 20 1 11 21 22 23 24 25 26 27 : -4. 28 '. 21! 3 ii 4ji I i! | 5:1 • I 7 ! !j 8Jl 9 10 11 12 13 il 14 |j 15 j 16 i! li 17 | is |j 19 20 il 21 !iij 221 il 23 24 | 25 |: l; 26 || 27 |; 28 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. ; I Section 2. That the City Council, authorizes ; 1-3 1 2 „members of that body, to file a written argument against the 3 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 7 arguments for or against said City measure may be submitted to 8 !the City Clerk. 9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 10 Carlsbad City Council held on the day of 11 1986, by the following vote, to wit: 12 AYES: 13 NOES: 14 ABSENT: 15 16 17 18 MARY H. CASLER, Mayor 19 20 ATTEST: 21 22 | ALETHA L. RAUTENKRANZ, City Clerk 23 (SEAL) 24 25 26 27 I 28 1 2 RESOLUTION NO. 8732 3 , 5 CONSTRUCTION OF FACILITIES IN MACARIO CANYON PARK. 6 7 8 9 10 11 12 13 14 15 16 18 24 25 26 27 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 f*t ±, 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 1-4 1 direct the City Attorney to prepare an impartial analysis of the 2 Proposition. 3 SECTION 2. The impartial analysis shall not exceed 500 4 words in length. 5 PASSED, APPROVED AND ADOPTED by the City Council of the City 6 of Carlsbad on , 1986 at a Regular Meeting thereof by the following vote, to wit: 8 AYES:9 NOES: 10 ABSTAIN: 11 12 13 14 15 ATTEST: 17 18 19 MARY H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk 21 zz <SEAL) 23 24 25 26 27 28 a I a 2 *u. • j 5(_ > UJ ~ tj a: j! at It j§< <> oh- O 1 2 3 4 5 6 7 I 8i 9 10 11 12 13 oii 14z. ° 5 = ORDINANCE NO. 1291 1£<* 15 16 17 18 j| 19 Ij 20 21 i 22 23 24 25 26 27 28 ii 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 ($3,500,00.00) and feel that it is a good investment in our City's future. Severability Clause. If any section, subsection, sentence, clause, phrase, part of portion of this Ordinance is for any reason held to be invalid or unconstitutional by a final judgment of any court of competent jurisdiction, such decision 1-5 •s.*\ ^ v . ,' •'.- X - '-14. : '' •' ""' . ' • ? a 5 «u> aK i O UJ < ° 5 I t < fe 1 -i o> Ul z 8 °" rf ^i "o V-/?•-'":;^ v;l. ''' ••'*v* •'".} ... __ ^ ^ V, , », ' -v;u ". ' . 'shall not affect the validity of the remaining portions of this - Ordinance, which shall! remain in full force and effect." 1 '•*" -' --. -i *',">- ' EFFECTIVE DATE; This ordinance shall be effective i • '•* " ' • • '••|j.3 •-.4 -\ .5' 6 r 7 i thirty days after its adoption, and the City Clerk shall certify '" '. to the adoption 4of this ordinance and cause it to be published at - ••- least once in the Carlsbad Journal within fifteen days after its " • ' •-. • .„• ' J • ... , .:'•' •'1|'' -.':'•' adoption. '•}'?.• "1$. |Nl'ROpUCED'?':AN0' FIRS^ READ at a regular meeting of the:\ V i Pt W . i* .• >*' '.' • • . .v*-8fl '^ *• ^> ' ' '. •: ^-- 9 10 11 12 13 14 15 16 17 18 19 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 '•• the following vote, to wit: .AYES: NOES: ' : ABSENT: APPROVED AS TO ' FORM AND LEGALITY VINCENT F. BIONDO, JR., City Attorney 20 21 22 23 24 25 26 27 MARY H. CASLER, Mayor ' ^,- , -,•-.,•' 'ATTEST; -'V1''* %• J*f ^ . • - j•-. *' - -— " "*•... ..... ^ ' "'»'.. ALETHA L. RAUTENKRANZ , City Clerk • :. -•>. ..... •>-, •• - ; . j ;28 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 --'''•• fl -i. '•';'., ' ' 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 $ta®f has been preparing the land and planting grass at the;.Ko!l property for the symphony on the green. ••'s ''" To hel» buffer the site, Parks staff has and will be planting trees gsui-screenery around the perimeter of Fuerte field. -2- -V ... • .'.- _ -^f, . . '• .'•' • ' » • . ' StagecQac*^<$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 ." • '