Off Docket - Request for Rehearing - Lai MotelTO.
FROM: James L. Bowersox, City Mana
INITIATED BY: John E. Bridges, Acting Director of Planning Services
DATE: March 11, 1986
SUBJECT: Request for Rehearing Lai Motel
ENDA REPORT
CITY' OF POWAY
Honorable Mayor and Members o the. City Council
BACKGROUND
On March 6, 1986, the Planning Services Department and City Clerk
received a request from Donald Nunn, representing Mr. Andrew Lai,
for a rehearing of the applications; related to the proposed motel,
on the north side of Poway Road, east of Galileo's Restaurant. A.
second letter, received on March 10` 1986 provides some evidence as. a
basis for the rehearing request Because that information was
received only 'Yesterday,thestaff hashad inadequate time for its
review. We have discussed this with Mr. Nunn andhe has agreed that
a one week delay of City Council consideration of the requestis.
acceptable to his client
RECOMMENDATION
it is recommended that the City. Council direct staff to provide a
written, report regarding the new evidence for their consideration` on
Tuesday, March 18,. 1986..
Attachment: Letter indicating new and significant evidence
ACTIN
MAR 11. 198& ITEM o44 -
Docket
I
{
DONALD A.. NUNN
MAIN.OFFICE ATTORNEY' AT'LAW: DOWNTOWN OFFICE
13426 Community Rd: 2664 Fourth Avenue
Poway, CA, 92064 San Dego. CA. 92103
(6191693-3930
(13191232-2014
t
(6191748-8612
s
March. 10, 1986
Mr. John Bridges
Acting Director of Planning Services
City, of Poway
13202. Poway Road,
Poway,_ California. 92064
Re Mr.. Andrew Lai
Motel Project, 12430 Poway Road
Dear Mr. Bridges:.-
Pursuant
ridges::Pursuant to our telephone conversation. of March 7,. 1986,
I amherewith. supplying additional and specific information regarding
the: newt and: different evidence and information regarding the above
referenced. Motel project which. would be presented to the- City Counci]
in the event that a Rehearing is granted...
I. Preparation to obtain a marketing survey has already
begun.: In the eventthat a Rehearing is: granted we would be in a.
position. at a subsequent: hearing to present specific market data.,
regarding the economic viability of the Matel Project and: to resent
_ � p
facts and figures: which: would document the need: for such a proJect
in the West end of Poway
2. The room, rates in the proposed project would. be
0 ..00ito $50..00 per. -night. The proposed kitchenette units will be
drastically reduced. in number or• eliminated. if necessary., At the
proposed room rates the concern regarding; the proJect attracting;
long-termguests would be totally negated,, as: it wouldbe much. more
_ expensive: to rent a- motel room for a lengthy stay than it would be'to
rent an apartment elsewhere:. The potential for becoming a defacto
f apartment building: would be eliminated as a result of the room: rental
j rate,. The reduction or elimination of kitchenette units would also
tend to negate this possibility. Mr. Lai is prepared to represent in
writing, that the: room rental, rates. would be.as indicated above. He is
also preparedtoguarantee in writing, ,that no rooms would be rented on •
a longer than weekly basis..
3. Plans are already in motion for substantial additional
z landscaping; on the: project. Numerous trees and a great deal of greenery,
will be added to the: plans: previously proposed.
4. The proposed project will be divided into two (2 j;
No
buildings which will, automatically reduce the density of the protect
by two, Loons-., This will improve the aesthetics of the view, for traffic
NIAR- � 1 1986 REM. W -F Nc.6-t
s
_s
Mr. John Bridges,
Page Two:
west -bound. on Poway Road -as will the additional landscaping.
5. The landowners adjacent to the project will be
contacted and: educated regarding the project., regarding the details
of the project, and Mr. Lai's efforts to insure that the quality of
their lifestyle > and environment will not be reduced, and in fact. is:
likely to be: increased as. a result of the fact that the: area will be
cleaned up and secured and the vagrants who sometimes currently use
the land will be gone and the security of the area will be improved.:
6.. Specific information will be presented based on the
marketing research to be conducted which will estimate the tax
revenues which will be produced for the City, and the: income which
will be generated for the community.; Itis, presently estimated that
motel customers will generate approximately $500,000.00 in the first .
year foreother area businesses. It is estimated; that the City will
generate approximately $30,000..00. to $35,,000.00 in tax revenues.
The accuracy of these figures will be verified by marketing research..
The motel will also: provide ' employment. forapproximately ten,
(10�
} people.
7'.: There will be norecreation room. There will be no
laundry room. available. for. customers. The only laundry room. on the
premises will be for -use by the maid staff to handle motel laundry s
needs for towels and sheets.: It will. not be used for washing of
clothing; or, other items belonging to motel guests..
8. The mote3_ will generateless traffic and noise than
other commercial enterprises in._the area and specific information
verifying this. will be presented to the Council..
9.. The motel will have a mans e= on the
g, premises 24 hours
a day and will have full-time maintenance people: to maintain the:
appearance. of the property., .:
t
10.. The most common services: needed by motel customers }
are restaurants,: generalshopping,, gas: stations,: and banking services.
All of these are available in abundance in the immediate vicinity of {
the proposed project.. The primary objective of. the .project in terms
of customers- will be business people and tourists.
11.: Mr. Lai isextremely flexible -and is willing to
make other changes as necessary inorder to insure that the: project
will: be financially sound, and; meet the standards required: of such a
MAR: 1.1 1986 ITEM= C4 --_Docks f'
Mr. John. Bridges
Page Three
project in. the City of Poway.
It issincerely hoped. that this information will be sufficient
to indicate the type of new and different evidence which wouldbe
presented to the City Council inthe event that a Rehearing is granted.
The above-listedinformation however is, not. inclusive. Mr. Lai intends
to present to the Council additional new. evidence on every conceivable
area of concern to the, City Council.
DANE ra
Thank you for your time and consideration of this matter.
Very truly 'yours:,.
DONALD A. ;NUNN
MAR 11. 1986 I T 4.j -4- ar.
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
March 6, 1986'
Councilmember Robert Emery
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Dear Councilmember Emery:
Growth management is the most: important. issue facing
North County. The success by whish we manage growth
in the years ahead willclearly affect the quality of
life for all of our residents.
The issue is truly regional in nature. Traffic is a
prime example. The efforts of one city to control its
circulation problems canbe undermined by the lack of
attention this problem receives by a neighboring
jurisiction.:
The cities of North. County must cooperate with one
another and work together to address these issues.
With your cooperation and assistance I would like, to
propose the establishment of a North County Regional
Planning Board. This Board wouldbe comprised of the
planning directors from- each North. County city (i.e.
Oceanside, Escondido, Vista, San. Marcos:, Poway and
Carlsbad) and a planning representative from the
County of San Diego. This approach would allow our
own land use planners to meet and exchange ideas.
The advantage is that our planners. not. only possess
an expertise in this: area but they. are also the most.
knowledgeable regarding problems unique to ,our area.
March 6,'1986 Page 2
The Board would meet monthly and address both specific
issues of environmental significance as well as suggest.
long range planning policies. The Board would render
opinions on these matters which would be advisory to
the various: City Councils and the Board. of Supervisors.
Staff assistance could be provided by the various city
and county land useplanning staffs, as well as SANDAL.
The Boardwould naturally establish its own agenda,
however a suggested outline on long range planning issues.
would include:;
1 Regional transportation issues.
2. Compatible city land use policies (i. e . zoning,
open space, and growth policies) .
3. Compatibility of city andcounty landuse Policies-
If
olicies.If this idea meets with your approval then the Carlsbad
City Attorney is authorizedto draft a model. Joint Powers
Agreement for your consideration. May is additionally
suggest, thata member of your Council be designated
to assist in coordinating this project.
I look forward to hearing from youat your earliest
convenience. Thank you, for your cooperation
Best personal. regards,
MARK V. PETTINE
Council. Member
Assatib
(ltatifnrnia Liigiutaturi
SACRAMENTO ADDRESS
STATE CAPITOL
SACRAMENTO 95814
PHONE: 916/445-8570
DISTRICTADDRESS
948 11th STREET, SUITE 10
MODESTO 95354
PHONE: 209/576-6211
GARY A. CONDIT
ASSEMBLYMAN:.TWENTY-SEVENTH DISTRICT
CHAIRMAN
COMMITTEE ON GOVERNMENTALORGANIZATION
STANDING COMMITTEES :
Agriculture.
Constitutional Amendments
Subcommittee on Sports and'
Entertainment, Chairman
Subcommittee on Fairs and
Expositions
ASSEMBLY RURAL CAUCUS
I have introduced legislation, AB 2666, which wouldprohibit telephone
companiesfrom,establishing telephone -based lottery wagering systems,: or
"Dia A -Bet" 'schemes.:
Several companies are actively seeking contracts with the a1ifornia State
Lottery Commission to set up a telephonelottery system. The. Commission is
seriously considering expanding the lottery to encompass "Dial L -Bet"
telephone betting.
Allowing. a "Dial A -Bet"' in California_ concerns me for several. reasons.
First of all„ it would set up a system that would easily enable people to
violate Federal criminallaws which prohibit gambling across state lines.
Secondly, it raises potential difficulties in preventing minors from
illegally participating in the lottery, particularly in light of thehighly
publicized problem of children calling "dial -a -porn' numbers.
Lastly, the people of California voted for a traditional lottery. We
should give that traditional lottery a chance before. we start to experiment
with other moresophisticated and costly systems.
I'm enclosing a draft resolutionfor your considerationand would', like to
ask for your support. on. AB 2666. Since this measure is set to be heard on
March 19,, Z would appreciate a response as soon as possible.
Should you have any questions on this bill, please don't hesitate to
contact my office.:
Sincerely,
CAC:dmg.
Enclosure
GARY A. CONDIT'
c
:r.
RESOLUTION
REAS,.
Assembly B"11-2666 has beenintroduced to expressly
outlaw a telephone lottery in California.;
'EREAS,
"Dial -a -Bet" Would open the door to gambling, across
{
-
state: linesin violation of federal law;
WHEREAS:,
the difficulty in policing minors from participating {
in the lottery will dramatically increase with the £i
use of a residential telephone ltitte� ' r ,
T"REAS.,.
five companies are. currently" negotiating, with the Lottery
OOMM—sion and Pacific Bell for telephonelottery contracts_,
WHERE M,s
t
the Lottery Comm1SSI>on 3.s conSYder- :WplementlAg.
the "Dial-a-B�et'r scheme in California.;:
of the 14 states which operate lotteries,none of these
,
states.have a telephone lottery; and
-WHERE :,
the: California voters approved only a traditional lottery,
and the Caffii.ssion should. give: it a chance to worm be€ore
r
expanding gambling;
BE IT THEREFOR RESOLVED:
The CtyCouncil a
supports. the: passage of AB 2666
z
•
�n
BOARD OF EDUCATION:
ADELITO M. GALE, M.D.
ROGER M.KEITHLY, JR.
L NED KOHLER
SHARON L PURVIANCE
STAN RODKIN
..e:10WAy...041"fig.DH'
SCHOOL DISTRICT
13626 TWIN PEAKS. ROAD to POWAY, CA 92064-3098
(619) 748-0010 • (619) 586-7500
serving the communities of Poway, Rancho Bernardo,; and Rancho De Los Penesquitos"
DR. ROBERT L REEVES
SUPERINTENDENT OF SCHOOLS
OFFICE OF THE SUPERINTENDENT''
Larch 4, 1986
The Honorab-le Carl Kruse
Mayor of the City of Poway
13325 Civic Center Drive
Poway, CA. 92064
Dear Carl:
t .:, wE1iJ s`D
e! ,. ty• 11.,4!".1; 16L'��
At. our Board of Education 'meeting:of February 24, 1986, the Board members
appointed. Roger Keithly and me to serve on the Joint City -District Planning
Committee.
7=-6-zeig-
d like to suggest a possible meeting date of either Marc20 (Thursday) or
March 27 Thursday), with a starting time of 7:30 p.m. If it meets with your
app ova ,. the Committee could meet in the Cabinet room at the District office;
then we could rotate the meeting placefor future meetings.
In closing, I want to say that Roger` and I are lookingforward to meeting.
with Bob and Bruce. Weareexcited about working for a better understanding,
between both entities.
ink/skm
cc; Jim Bowersox
Bob Reeves
Sincerely,.
L. Ned Ko ler
President
Board. of Education-
1
fy
The San Diego Union/Joe Holly
1 foreground gives away the desert -looking
inderground Borrego Springs Visitor Center.
", _ ; ; , •L ie soman biego Union/Joe Holly
ett rk Alley` of •Pacifica closely dkdmin
int a ,th03orrego Springs Visitor Center.
As a result, the department plans to clean up the site on its own and sue the
Chathams for as much as three times f" cleanup cost.
The state has set aside $2.55 mill: to clean up the former chemical
distillery, considered perhaps the
'Most hazardous waste site in San
Diego County. '
Smith said on-site testing and the Eseondidu..'
long-awaited cleanup could begin ; t •,.
within the next two months, with
completion possible by the end of
-..Adult
;-
the year._
Why the Chathams failed to meet
the order, the first of its kind issued
in the state, remained a mysterystor, c c oaS e,.:
yesterday.
County and state officials said the .r=
Chathams had neglected to contact By Steve Schmidt . ;�• _i ,; , ..
g staff writer
them in recent days. ESCONDIDO —'City officials yes=
"I thought they would talk (to us
terday lost their first courtroom bat-,'
about a plan)," Smith: said. "They've
talked in the past:' tle with .the F Street Bookstore,
Repeatedattempts to reach their downtown Escondido's adult: materia
D al shop.
attorney, avid Mulliken, were un- �_ ,.. • , _. t .7:,_ • 1. ,
successful. ; Superior Court Judge Lawrence
The order, which was issued in Kapiloff tentativelyruled in favor of
• ers in,' their lawsuit
e Chathams the: store.. own
late January, gave the charging that the city's regulations
more than 30 days to draw up a spe r g
cific timetable for the testing and on drug paraphernalia are uncons" I
cleanup of the five -acre site on the tutional. Kapiloff also: ��
2200 block of Bernardo Avenue. o Dismissed a city lawsuit aimed
at closing the store, Officials decided
The dump was. discovered by
health officials in 1981. It is littered' in December not to pursue the suit
after F Street operators managed' to
with spills of cleaning solvents, w ;
heavy metals and polychlorinated circumvent it. T ' ?;' ;°i'.
biphenyls, suspected carcinogens.
® Levied a $1,000 sanction against '
y
the cit to cover the legal fees of F
Unless unexpected action is taken
by the Chathams, the Department of Street attorney Tom Homann.
Health Services will issue an� order The rulings: represent, a, stinging
within days requiring. its staff to defeat for the city,* whick has been
repeatedly foiled in its attempt to
begin the cleanup process. close the shop on Grand Avenue: The
Once the site is cleaned up, the p
State then plans to sue the Chathams business is one of several F Sfreet
Bookstores located throughout: San ,
' for as much as $6' million, according ,
to G Ste hen a count Environ Diego County: r;,►; 3► -' n`�, r
P y y _. --The Escondido store is in the heart
inIntal Health §gyices official. .:;, i.,y .: r•
Linda. Partridge,;, a nurse.; who of the city's redevelopment area, ..j.
.t:. where sexually oriented., businesses �
'rives near the' dump,' fs'�ainong�ihe
residents who Tong;have- sbspected are outlawed. It is on one of Esconds
See CLEANUP on Page B4 - See F STREET on Page B4',
- . •' 1 _ {t.i.f�- ' 111�fL`•l..tf %fx r"t:J•l�l.` `r.
R110�gsY9 TV Od birJ*.
trial.qn.'.�',V'era r
By Dick Weber
Staff Writer
It has been nearly a year since her
husband was killed and Colleen
Riggs ° has pretty Bauch
terms with her loss.
But the widow of San. D
s 44
Lkgot. Thomas Riggs said
Ott, a' romgb' time dealing i
W= stories leading up to
r Whisk the jM havinj be
0 1: t #..•A.aas •a..'anae� •..as
-- `T hat's hard is heating:'
what-s belij seed about the
WhOtB situation'and esrsa .,,. $i
r•` -s
e•a. _. ... ice. s�iasww Cit••ws•.wgw� �lwww•!}� jt:, -
along with Ri! its ahead, heating -remar„ , .... ....�. c u.,,,a .►
she white, a black, a .Mexican or Orien- was just an 4Kest."
F.Street. Escondido ���� '� � ' A/�®� -i , . lawsut
R21
Continued from &i
for a city license to sell such items
that standard. Meanwhile, both sides are await-
•
do's main shopping thoroughfares..
City
wouldalready be in violation of state
law, Homann said:
City
The CitCouncil is expected ing a derision on a Iawsuit filed by
Wednesday to reduce the sexual -ori- the store last month against the city.
attorneys David Chapman
and John Serrano were unavailable
•' for
He said the city, by requiring a
license, forces merchants to give up
entation standard to 25 percent;. a -
move that could trigger yet another The. suit claims Serrano ecem
lentfy obtained a: warrant
comment yesterday. Romana:
said: he was "very pleased" with the;
the US. Constitution's, Fifth Amend-
ment protection against self-incrimi-
in Decem-
legal battle with the store: her for Ondor's arrest. Ondor was,ar-
decisions, calling them "everythingL
had asked for." • • ,�_ : _ .
nation by admitting they are selling
drug paraphernalia.
A permanent ruling on Kapiloff s rest Dec. 20 and� charged. with three
decisions is expected by the end of store -related zoning violations,
- Kapiloff issued a restraining order
Row, the restraining order might
the month, according to Homann. which were later dropped;
barring Escondido police from en-
affect other businesses here was un-
-
forcing an ordinance regulating drug
clear yesterday. I I
paraphernalia..
Kapiloffalso ,rejected 'the city's re -
Store operators filed a suit against
the ordinance last month after police
quest for a court order to close the
business. -
B
LEAKY
'
told the owners Jan. 27 that a license
is needed to sell' products that can be
Filed. the same week. the store
opened in: December, the request
95% of patients pin: control of their bladder with. just a few
Eliminateyour•emergencies"easily, call forappt. NOW'.Open Mused
in the consumption of illegal'
contends that store operator Fais
` ' Dr. K.C. Clian's Acupuncture-Clinicdrugs:
3years.
A display case in the store
contains water pipes, gold plated
Ondor has "no legal justification for
opening an adult bookstore in viola-
San Diego Chuta vista vista Et
275.0110 425.3500 758-5930' 579razor
blades and'other items that the
tion of the Escondido Zoning Code InDr.
Chan is a docWro�t Orientat medlcine arho has been practtcing fo
city claims are used for the con-
the location chosen."
sumption of marijuana,, cocaine, and
That same week, Serrano estimat-
other nntlaWad'' dnraa
ad' fhnf ne M—h .,. an . ....a ,.r 69—
e.,
THE ART OF'G
n ry > > • } The charges come ata time when
<^< U.S. law- enforcement authorities
..are cracking down on ,criminal'
efforts to launder, or, legitimize,
i xSOO:. millions of dollars in cash;proewds;
l from drug trafficking and other
� 4 - DAVE:cATLEY i imlAngeles Times criminal enterprises. By depositLpg -
illicit funds in; U.S. banks and'other .
knee-deep water on . Mondays rainstorm. Midway Drive was closed: for six hours financial institutions, drug°traffick
.ring a morning lull, in while- workers struggled to clear, clogged storm drains. ers are able to invest theirs uge
cash windfalls as though the;mon-
:: ; .. ey was legitimate business earn-
the county 'during ,the half an inch of rain would probably will be cool, with highs in the low... ings. ° F
aid. forecaster, Grady Svo. fall, each day. "It will be showery- 60s in both coastal and'inland areas..- `
i _t type precipitation;.
he. said. ' Lows are expected to be in the 54s Ordered jailed at. the Metropoli-
tan Correctional Center on Monday
aid a. "wind flow in-'the Between 4 p.m. Sunday and 4 - along the: coast and in the 46 to Were Marguerite Coninck, 80,_ also
Yere from west to east that m. Monday, 0.68 of an- inch of rain 54-degree range inland:' Y � � ' r ti' � ,
to the Orient"' will. continue fell,. bringing the, seasonal total to Mountain highs from 35 to 44 . "mas, bo : as Stephanie• ciL a d wlio
P•
storms: into San Diego.'.,:'.'10.97 inches. March is the second- degrees will dip, to the .20s and 30s ° a B Belgian.
. South. t- but and be: a
oda, did: not redict.•_the :wettest month of the year and' at night, and desert highs of 70 are a Belgian passport: but bk►y' ,: a.,-
oda.-
p •Colombian citizen and herlough-
of rain_ that they storms.3; averages 1.60 inches of rain.: expected to be followed by night- "
Venerate ;but said: Less. than : as Temperatures during the storms time lows in the 50s. 'lease see SUSPECTS; ftp 8;
! .i ' } ' 7 +�:'1 F FrY; .,v :fit"fII t'tt`.'F.Y'�:,.
vP *'t} j y * aF
• - - 'al,^ ,F a : .. ,. a .. <; - •., w..] . . r a i'• Yr9 . aql, t?.aiiSC ` Mise ''' k�*s .
Sdor
l osis it
t
xvt o l
1 Q -e .. r Paid to Dry 71
dans -for ;Some Apartmenti
..,Develops.. ,;
- ippr,..:,�r?/ ;�!.t 3�, "' ,�5 F i- • -tn ,� ..,� A 4: r - �' t Zi A aF.� s3 p •. `�ti r `4saY. ,[.. r� fir^RALPH FRAMIMOLIXO,. Times Sta f f Water
-op a . yi. %1'l,' +-t$; t i
: '+ .' t _,� �� ,�f '� ::.build,. 9U a artment• 'units ' on. the:' treasury to pay for legal fees=that
y ; �# z>. , Council Resoluiloh R-254954... • P
G i~dARPER, '� �� it was. the kind. of paper work - site, but will, pay him a quarter-...`.could. have reached $1 milhoii He..
�A� `
aANJJ LX WEINTRAUB, that could easily, be lost in the flow %,m lion dollars by April 30 if h6, also has agreed:to revise'his project = .
I' sStaff W tern �� � � of memos; reports and requisition. _abandons plans for 18 apartments 'and-dedicate-anextrasevenK tenths a
¢'= forms that consumes San Diego ;..allowed as a, density bonus under of an acre as open space.
E roposai that the bounty be municipal government : _All this, because: somebody, at,
3 some participation: in the Infact;.itgwas. - ; t City Hall made aboo-boo-
"` ' - "Somebody in the bowels d`city
I� ,�ment of the Sari Diego - � .
i' ony was, labeled. as-"inap- That was seven years ago. And S011lebfll� iI1 the �'
ite Monday by symphony g ,� F. y ` r . pid • mistakren,'ads a mistake,. a .
�� on Monday,. the City of San Diego
paid-,dearly for that goof when'the ov els of dty said Councilmani,
tion President M.B. (Det) P Y g `William Jones
nan. `' council; hoping buy goodwill ®eilliilelt illade The mistake was made; in :,1979
.ter from county Supervisors'. of angry residents,, took the: unusu- g, whezi the pxevious owner ;of nhe.�
Golding and: George Bailey :al: step: of paying a developer = a . .s: Stupid mistake.' ' ` `k canyon property applied: for-
.end-delivered to Merryman X254;000 in cash to drop plans for 18 = missionto build 86 a artment urpts
lay,Golding-pointed out.that• apartment, units from his develop-
Golden
William Donis P ,,
ment,near downtown. f : `
Golden Hill residents: reg�terebr:
calf' of the county s popula- „• : Y, . ° vigorous` protests, ° saying. the: dE=
ves outside the City. of San ' . `
The payment is part of a bizarre a state law'to promote low-income velpment was. of can .0 i%,t4
the city's participation in the,'-iegal settlement between the city housing; That lowers the total to 72 -apartments, clashed with Kth'n�
onfs, management was in and. Thomas; Carter over his pro units in the project~ ; t ;; .' % gle-family neighborhood azaz'die.
ant. "'P : posed Golden Hill Villas condomin - In return, Carter.. Elis agreed to anticipated traffic .would `#eirther
a symphony cannot be, seen- ium-apartment complex on six.. drop a lawsuit against the city that burden ilie neighborhood's atr�eets.�
serving and being responsi acres at the end of' Ash• Street,. could: have given him the right to The City-.Council.' votedo' imt
residents- San Diego,'= �' 'property that, dips into the 34th ` build 90 to 112 units on. the ptoper: .. density to 72. units.' r r'�� AIN �y ,
g said:. "It's a symphony of Street canyon.: f _ ty,. collect:an estimated $350,400 in That decision. was contained .ur
.asesee SYMPHONY; Page 8 The agreement permits: Carter to damages, and force the municipal Please see SETTLA:R_ a 4;
w ' ' met E ':� <-- .. • � .7%'Y4..».. ��, .� �; ! l •} Y� S.Y � g • iia`-..� }„<a� •`Yc' i rC;tJ"4� pis' fj-:y,
--}y.v: .sa. �.s .sa- r ) w•'b e �k . . ..etc F}t �.'sNyyf � ,� {(/(. I"i`'v Y� Z i*}' {h`�� n. r. `r
-?`,d. Y.{? R .y i h W !i _ - i }..a � ., .. ...i. %.�2 •J TV-1 .S ` Y.Fi"�iN/G'.i �.�NJ-.i={FJM`g y
.-.¢�a tY� t._s, t A:.• '-,: ". � e a j +4: �''; .S,` 3l,
� � �s is .a.},;�' .Y::..:c.Yttt f:•� ��' .i,-sYt� '; j• _'� .no .11t'..k'ff.�,y;•�► ��p�^...
ate - and have displays explaining how middle of Lent, and are expected to abstain s Escondido Fire Marshal Ernue "•��.y '
surfboards. are designed, constructed from meat. on Fridays until Easter. ; Liebman sings on: the side,. too=with` Z%� ,, .
� and decorated_ 'Spose they can comeback Monday ,, t- a Southern gospel groug'knov n as The
�.*y
ars 1' -i 11take.S100 0Wormore to get the for°leftover Ding's Men and as:a baritone soloist,, a, �
at z � .sem* " €-stablished. Resor estimated. j .. ;: . ? r s a T . � - moth at weddings and funerals...
�:ife'Itbolookingforgrantsandcorporate - filddi 1g` Songs
_ ..
fromab7esurfing industry - In ourMusicDepartment, we bring
wedon't "epulling this off•" 3 j/
a�srwrers.stBwa. youtheserelated items:vbandouts
.; lcF kndse ale+esdy have their, , � 4 ' ®` KGA V- fChanne110) reporter �Sussaa
6uU r : Jicwideo a serious music student with
muueuna`
=by*
'14 yearuof piano.lessons and four years
Dirsuitowatertlaa$an voice tcainfttohercred t.42 r _
il�,tfs 1► Chef oction
a �.. of Interstate � A
■q' /meq y� s �g �® .. •
'~eiiM'fiVii�'tah�i��: t��iY W wit •.:�5��:. ��5�� j� fia
;Z
Pat
W,f . W- 421 Paris
lw Almginaa,.- Ineasu
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CIW* n 7T " -
84
is num
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OW-611"altNo
suer Me 6470''.
1& -73/ 87- S=A Clw 28/ 39 Mom 54- 7.150 '
6:
0, 1 OW 67/ 7W Snppm Rain 75/ 86 S. Es(
IT 4W L1116M. _1 Mir 41/ 61 StadMn CWL* 30/ 34 Lut/4 Now Fka/4 Fid:
Is too" Cbk* 41 4& SY&
I � •W Clear 67/ 70, The
CkW 97 Towd Mar W April I AprIlt No I& Miralrgi
CIM t TdA** Cbw 92/
'o -P00, C WKILOWTWE111FORL&OUTOPIAMM, t6dc 1,
-Muft 491 43 h
TwonlFugh
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taew 34/ 43� 3;4l5pf-0.1 to AAs a
weew 7 4.WP/ 0.4 to 4:Mf- 1.0 Lo
GkNW 25/ 30 9* -590/ 5.0 H W211pj 5.01# 10.Wj_4,9W
32 WW*wg Ptc* 171 22 plan it
AN dma P*ft Sftrdardjj'Nq�a��
thewo
e
to:,the_
3 ialieu,oi
enttd,lth
n ODD, Dr
&,LiE,
Tuesday,,
at Home
!, �-t 0i m-
Wces,
7-T
f."ERY
t
tl HIND
STG
f - I
p. number allowed by the zoning on
his property—that omission.
TL!the
in attom any on
ey's feeit ftob�' e of
Depart
The
Continued
came to light. The Bt d1ding Insp ec-
tion De
two lawsuit% eithek from the de-
veloPeror the residents.' it -
proper,
dei;;�
: `Ii ,
. . . -, �.. 3.
;. j 1. .-,.
ii it - _ I
unc e )
solution R -:250q54.,,-1-
K - p artment, discovered the
72 -unit limit and refused to grant
Thus, the unusual deal. At,, first,
Carter Offeied to take the money
to clew
Aienut
V Normally, those, kinds of, restric.
the Permit, touching off a fight, that
Prompted Carter to sue the
and build 78 units, but Jones and
Escond
tions are: part of a* subdivision map
city in
February, 1985.
Others said 4he city, took a hard line
The
,t4af 16,recorded, at the county-
recorder's office, said �kisbtant
I - He: lost in Superior Court. But, a
afidAnsisted on the 72 units. The -
city agreed to Pay for any addition..r
for four
only. las
Pldnning' Pirectok Mike Stepner-'
That. wij,'i" the
ruling in July by Judge Mack P.
Lovett left tart-er a loophole to
al fees Carter: would have to pay t67
process, his. application, -
Hazardc
That vc
stipulation it, part of
the public : record ,'And shows up,
build more units under a state
e
anoihei
$15,000.-,
flinance-
when someone doei '-
:a title',search.,
Program that gives; b de . a 259o'
Uil rs
density bonus if,
When the wrangling was over.
brother.,
But not, this', time.. Thpi-council.
'- - they include low_
and -the compromise struck- nobody
ThelocE
.-restrictions T were parf of a:-voteOn.
income', housing in'their develop-
A
Monday seemedove*oye&
The C
the 'enVironmental *
impict, report
on thepfqject,,ah oad�licefor
ments.. Although, the CKY could
1�' limit Carter -to 72 units, .he could
- Carter walked grim- faced bom. .
the council chambers on the, 12th
Monday.
such
-a restriction, Stepner �ai&
build 18 more under the state,
ore er
low-income program
floor Of City Hall and ovej,�-6. the..
Nat
_-Unfbrtunately; the staff had an
oversight and that's the crux of the
That's when city' attorneys and
'Carter
elevator. declining to comment.
"I Im tiredhe said..
NEW
problem,l!'hesaid.
started talking settlement. -
And the handful of Rill
Cuter had a good case, because
A J111117
defense- c
ItwasWtuntilCarter went to the
city in December, 1984, to obtain
of
the city's mistake, to win the right
residents at the meeting muttered
under their � collective breath when.to
deftau
building Permits for, 112: units—the z
Ont appeal to build as, many as i 112
units.. If he didn't win the appeal', he
the council voted for the; settle-
e, set e-
ally fals:
c The, ju
Fwwal
0
could still build 90 legally., . -: -
Meanwhile, Golden Hill residentswas.a
Trient. One woman called out that it
4 'coverup. Spokesman Keith,
administi,
88'count,
NEED
-
threatened to sue if the city didnt
Simon called it a victory for resi-,
dents, but an expens ive lessow for
investiga-
A
TV?.
keep .its word by limiting the
numbertomperiol-�_....1.
the city..
"The
Court d
torperfor
RNDD ff
"It'sgoing to cost us either way,"
city, really doesn't jit, any.,
thing, for its money: What is the
San Diet
in
said Jones,, who at one time sug-
gested buying. the property out.
-
city- getting?" Simon, said., -JaMe.
ConstellaT
routinely
rum
Classiffed.
right from Carter- "It's going to
only thing they're getting, is,
they're not going to courL In
Isubject ,to
CEMETERY'
ONECALL, RV� Ads
cost us $250,000 now Or that much
eyes, it's "a payoff." W
actuallyu
Assistar,
ONEPME MORTUARY
Iltlp WS ANGELES
Tellur1cla
Vag.
4
the transf
If WANT
31A
Skiers'' Reports
swasurninit
supportint
Each co.
.,SMLBOAT? V.,
M=* mormv mmurarnents in kid", CMPIWd by AMI News Bureaus
SERVICEFIND IT swAm � , New - a..
and a$10j(
suit seekirr
a %.Wr4UUt_ I WNew
'N -ALL CEMETERIES
in,
CALWORNIA--
CALIFORNIAow
IFORNIA
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NEVADA
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Blift
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TlrMS
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18' 65
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12 120.
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45 42-126
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COLORADO
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- MORTUARIES
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L Hommood.,
No,
_18 4il.138
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N=
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4
84 -
Los Anjelek, -�i Valley
(213) (213)
•0 .
NM
JuneMountain
Kkkwood
Kfa*aR
84-156
10-14 144-2,16
suqarswm�
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NEWMEXICO
CrenudonSerwices
1103
7aoaSklV"y
64-M
WMT
IFSHICE, INCTNERS
TOR ft"�
MTS
I RIM' -BftMkM,
CAR?
SEASON 8041
0 Won't cW.. peel or. ftke
0: 25 colam to chom bm
0 Is ft yearwarrefS�41
ALI
Cour
The &i
national ac
accredited
Departmen
v The 21-t
,.Law Enfor
necessary. 7
lawenforce
,k;, The, Sher
'irds: M orgy
.nel compen
ment; traffic
Julia.[
Residents
because of E
saidMondAy
Tha rnftn"
RND, rr
Eciely
8181fts-
Tffms
Classified
Ads,
SEASON 8041
0 Won't cW.. peel or. ftke
0: 25 colam to chom bm
0 Is ft yearwarrefS�41
ALI
Cour
The &i
national ac
accredited
Departmen
v The 21-t
,.Law Enfor
necessary. 7
lawenforce
,k;, The, Sher
'irds: M orgy
.nel compen
ment; traffic
Julia.[
Residents
because of E
saidMondAy
Tha rnftn"
yesterday tor turning in the pian.
As a result, the department plans to clean up the site on its own and sue the
Chathams for as much as three times" cleanup cost.
The state has set aside $2.55 mili. . to clean up the former chemical
distillery,; considered perhaps the
fes{. ,.. .. r�.T.T iii i�...+ C:-i•.wv�wws� PAAl�tlr.�
most hazardous waste site in San
Diego County.
ES'C0'*ndid0*
Smith said on-site testing and the
long-awaitedcleanup could begin
R
within the next two months, with
completion possible b the end of
A y
�'
lo'ses--.adult,, ,
the year.
Why the Chathams failed to meet
'' ``' "'
the order, the first of its kind issued
in the state stenx'
remained a mystery y
�ca;W,
'
yesterday.
.;;`s
County and state officials said the
By Steve Schmidt
Chathams had neglected to contact.
them in recent days.
Staff writer
"I thought they would talk (to us
ESCONDIDO — City officials yes
about a plan)," Smith said. "They've
terday lost their first courtroom bat-'-'
talked in the past."
tle with the F Street Bookstore,
Repeated attempts to reach their
downtown Escondido's adult materi-
`
attorney, David Mulliken, were un-
al shop. E : : ;t. , _ ' 3 •
successful. J
-Superior Court Judge Lawrence
The order, which was issued in
Kapiloff tentatively ruled' in. favor of
late January, gave the Chathams
the store owners in . their lawsuit
more than 30 days to draw up a spe-
charging that the city's regulations .
cific timetable for the testing and
on drug paraphernalia are unconsti=
cleanup of the five -acre site on the
tutional. Kapiloff also:
2200 block of Bernardo Avenue.
a Dismissed a city lawsuit aimed • -
The dump was discovered by
at closing the store, Officials decided s
g
health officials in 1981. It is littered
in December not to pursue the suit
with. spills of cleaning solvents,
after F Street operators managed to q
heavy metals and. polychlorinated
circumvent it. w 1 �` ? ' t .
. Levied a $1,000 sanction against
biphenyls, suspected carcinogens.
Unless unexpected action is taken
the.
the city to cover the legal fees- of F' ;.
=•NUR
by the Chathams, the Department of
Street attorney Toni
Health Services will issue an order
The rulings represent a stinging
within days requiring: its staff to
defeat for the city,' which' has been:.
begin the cleanup process.
repeatedly foiled in. its attempt. 'to -
Once the site is cleaned up, the
close the shop on Grand. Avenue. The
state then plans to sue the Chathams
business is one of several F Street
-for as much as $6 million, according
Bookstores located.. throughout Sin x r
to Gary Stephany, a county Environ-
Diego County.
{
"mhntal Health Services official
x ,
1, ;;. -Th • The Escondido store is in the heart :
;, ,.
of the city's redevelopment. area,
w,Linda Partridge, a nurse who
`sexually
�'r�tves near the`dttmp' s` aftiong�the
where oriented'. businesses
residents who' lung:have suspected'
are outlawed. It is on one of Escon,
See CLEANUP on Page B-4
See F STREET' on Page 114:
1 S itt Cr
ver'
J %�[17XM?µi��4+w lV Mj ,jC
a'Iera,
.
By Dick Weber
Staff writer
It has been nearly a year since her
husband was killed and. Colleen
Riggs has pretty much oamp to
-terms with her loss.
But the widow of San D
agent Thomas Riggs said
W6 a rough, time dealing i
ami stocks kadlag upto
whlch. the jury, hav ft by
• ..., ! ♦...ice. *e A.%%- �. "V Taff
hard is hearing:;.
Li yYAG
what's being said about the
whole "not W."',
."�
3 —!1
fes{. ,.. .. r�.T.T iii i�...+ C:-i•.wv�wws� PAAl�tlr.�
.- t'
along with Riggs. it's ahead, hearing, remarks," she white, a black, a Mexican or Orien- was just an arrest."' J�l� `".,,A .t
t
F Street: Eseondido & se `ad llawsuit
sure .
_.. Continued from &1 for a city license to seli such items that standard. Meanwhile, both side;: are 'await
would already be in violation of state The City Council is expected ing a decision on a lawsuit. filed by
do's main shopping thoroughfares. law, Homann said: Wednesday to reduce the sexual -ori- the store last month against. the city.
City attorneys David Chapman He saidthe city, by requiring a, entation standard to 25 percent, a The suit claims Serrano, iraudu
and John Serrano were unavailable Hcbnse,, forces merchants to give up move that couldtrigger yet another lently obtained a warrant in Decem
for comment yesterday. Homan the U.S. Constitution's Fifth Amend- legal battle with the store. ber for Ondor's arrest. Ondor was ar-
said. he was "very pleased" with the went protection against self-incrimi- A permanent ruling on KapiIoff s rest Dec. 20 and charged: with three
decisions, calling them "everything I' nation by admitting they are selling decisions is expected by the end of store -related: zoning violations,
s had asked for."' = r .. ee } v drug paraphernalia. _
_ the month, according to Homann. which were later dropped.
Iiapiloff issued: arestrainingorder How the restraining order might _
barring Escondido police from en- affect other businesses here was un-
forcing
n forcing anordinance regulating drug clear yesterday. F ,.
paraphernalia.Kapiloff also rejected the city's re -
Store
;
Store operators filed' a suit against quest for a court order to close the
the ordinance last month after police business.LEAKY BLADDE
y told the owners Jan. 27 that a license , Filed the same week the storeCC.�
tients gain control of their bladder, with just a few treatments.
is needed to sell products that can be opened in December, the request"emergencies" easily, call' forappt- NOW. Open 1f7on. turot:eh Sat.
1' used in the consumption of illegal contends that store operator FaisDr. K.C. Chart's: Acupuncture-CIinic-
drugs. A display case in: the store Ondor has "no legal justification for Diego _ Chula vista Vista Et Cajon
contains water pipes, gold-plated opening an. adult bookstore in viola -5.0110. 425-3500 758 5930 579-6311
rur. Maeaaez� fe,t■�.
razor blades and other items that the tion of the Escondido' Zoning Code in is a doctorof OrientO medicine who has been practicing for27years.
city claims are used. for the con the location chosen." _
} sumption of marijuana, cocaine and That same week, Serrano estimat-
other outlawed drugs.. ed that as much. as 80' percent of the
Operators also were told +they store's merchandise was adult=ori- °
must keep a log of the names of all bitted ,t • >r i t ;:<
people who purchase such: items, Within days after the order was Remodeled: and Decorated F
which cannot be sold toanyone tinder 'requested, however, store operators
:` 4359 HOME AVENUE
18 x added more general -interest `mer-
T:GOODWILL Stdie
he judge tentatively •agreed. with chandise,. apparently circumventing
Homanars argument that the.: ordi- Escondido's: definition of adult busi- �+
nance is unconstitutional because it tresses. '
Clothing
appears to contradict a state law on The city defines such operations as a Shoes a •a+hts., �o .;
the same subject. The state outlaws any business where at Ieast 50 per- •Re -opens it$` ra
Furniture .
the sale of drug paraphernalia and cent of the items are sexually orient . Housewore March
s'f
therefore any merchant who applies. ed. The city says the store now meets •Sporting Goods
,leanup: Ex -owners fail o GOOD AT HOME AVE. STORE ONLY ,
L j No Purchase necessaryneed not be present to win 1
submitFlan for t6xic a umpt , ® Flll out try and Wing to Goodwill by Sok Mar 15. '
It -11 WIN A NEW g
Continued from &1 contamination from the site. COLOR TELEVISION
that some of. their medical problems Partridge has complained' of ♦'
are linked to, possible groundwater bouts of fatigue, memory.lapses and
otherproblems.MAKE
NOTICETO 11103S The Cbathams, both residents of t saDriFss Zit?_-_-__'
REP'— 8616 Escondido, operated the former � Matt -in Entries Not Accepted PHOS
ROUTE 30 WEKDAY. chemical recycling plant for about 4350 Home Ave.
Nat
alas,
on R
Neu
Clem
Sim
s,
On
Na
Oma
30 years until' the mid-1970s. They
sold the property to Coastal Equi-
vice
qui-
4 a ties, a: real. estate firm that later •'
went bankrupt
I by
Sam
ur8edi Request !ar Ptnposai,.
Bropoeslsahall headdf*ssed to:
equiredto certify that theyare
@troller General's listof iceligi-
rcderany foBded sad. assisted':
rransit•Disttict heteby notifies.
*bard to bay codbaa enter
mfino<,tair« mina -
i ram cola; am oriatimal
on for Am award:
f be10ttorejectbayand0,
weoee Is scheduled for March
, at the North: Ceanty Transit
ace will serve to clarify Dix
requirements. Should addition -
re•. t e�tact
roject 03-W11 awr, NCiD. a:
IF YOU SAVE THIS; AD UNTIL SUMMER -
IT'LL MAKE YOU WISH YOU'D BOUGHT
AIR CONDITIONING NOW!
Act before hot weather starts and SAVE MONEY
• ON INSTALLATION
Pre -Season + Sale • ON EQUIPMENT PRICE INCREASES 1N JUNE
• WHILE BUSINESS IS SLOW
CALL NOW FOR FREE ESTIMATE
.. SAN' DIEGO MECHANICAL
276=418 .
We Specialize in Making Your Home
More Comfortable
AIR.gFQu Serving All of Son: Diego. County stat@ t;<. #t308966
i
.e.
THE. ART QF Cl. -
RR:
AMID SOARI
AND HEROIC I
THE BEST OF TIE
RECLAIMED A
E.\QUISITE DET
TO CREATE
Of GREAT COh1F
THE NEW r
FOR TILE
MOST D£MANI
326 BROADWAY, SAN DIEGO; CALIFORNIA 92101 -
FOR INFORMATION ORRESER%
h
i
®®Wy
♦-�t,� .t- t o rE _ fk :e9.!' a !." 1 �i: L> :: � t:'; �e � r a :s IG4:s �L{ 2,
µ �League of California Cities,
California Cities. Work Together 1400 K Streets Sacramentor 95814 (91$) 444-5790`
RECE VED
#9-1986
MAR I i tab
March 7, 1986
*********************LEGISLATIVE ACTIVITIES**************
L., Liabi.ltya, SB 75 (Foran) Set for Vote Monday March 17. Cosponsor
- Support.
Z. Rural Economic Development. AB 2590 (Hauser), SB 2'1.17' (N;ielsen) rand
SB 1905 (McCorquodale). A11 Set, for FierSt Hearing During Next Three
Weeks. Support.
3. Liability for Fail ur. a to Follow Polity Manuals. League-Sponsored Bill
Set for Hearing Tuesday April: 1. S9 1930 (Pre ., Sponsor, upport
Information Requested.
4. Redevelopment.. Mandatory set-Aside for. Fire Districts. Sa 1990
(McCorquodalet) Hearing: Senate Local, Government Committee, Wednesday
April 2. Oppose.
5. Unilateral City Withdrawal From County Fire Protection. District or County
Free Library System Prohibited SB 1965. Hearing: Senate Local.
Government Committee, Wednesday April Z. Oppose.,
6. City Regal
at
Qn, of Bu:iIders . Who Edgag i:n Major Vial ati==ons of Building
Cade. AB 30 1-(Johnston) Support information Requested.
7. Railroad Crossings., AB 3627 (Bradley). Support.
8, Proposed' lRevision. to Constitutional `Mandated Cost Reimbursement.
Requirement.. SCA: 35. (Russell). Hearing;:; Wednesday March 32, Senate
Industrial Relations Committee. Request for Comment.
9.. Annexation of University Lands. AB 3075 (Cortese).. Review and Comment.
10. Public Records Act. Film Locations, Not. Publ. i c Records. SB 2234.
(Robbins). Review and Comment.
I1 VeE�ole Laads: Gravel; or Sand:. ' AB 2355 (iati)Caer ed load" Bill
Moes Toward May Hearing: In Senate: Transportation. . Comm: attee.
Information.
12. Changed Status of Bills Previously Reported. (a) AB 2536 (Cortese):,
Flood Relief for Damaged Local Government Facilities.; (b) SB 367
(Faran),, Transportation Finance:. Implementation of SB- 300 (1.985). (c)
SCA 12 (Foran),, Motor. Vehicle Fuel Revenues: Expenditures:
withdrawal from park a., recreation districts, sewer 1 water districts,
community services distrjcts,, etc? SB 1965 in its present form proposes an
unprecedented: restriction on the
opportunity of city residents and. taxpayers
to chose the appropr. i ate beveland cost. of local services..
SB 1965 wi l 1 be heard in the Senate Local Government Commi ttee, on. Wednesday
A ri1 2 Committee members are:
g; p Bergeson, Chair, Vulch, Vice- Cha.i r,. Ayala,
Campbell, Craven, Marks,. and Russell.
--------------------------------- -------------------
SUPPORT
--- --- ---SUPPORT City Regulati:on of Builders Who Engaq:e in Mayor
INFORMATION; Vio'l'ations of Bui lading Codes.. AB 30`31 (Johnston)
REQUESTED
The City of Manteca has experienced a history of building code vi of ations with
a particular builder in, the city and. bel i eves i t lacks statutory authority to:
make the builder, fix the viol:ati'!ons; in one subdivision; before he receives
building permits for another subdivision.
Because of this, Assembly Member Pat Johnston has introduced AB 3031, which
grants ci t,i es. authority to condition issuance.of building permits is upon the
applicants corr. ect orr; of prior Wilding code violations.. Before a city could
do this, the council would have to find: that the prior code violations are
endangering the health., safety, or welfare of the residents of the: community.
If' your city has had similar problems with any builders, please, send case
histories to the League's Sacramento officei describing the, nature: of' the
problems,, the actions your city took tol try to solve the: problems, and the
outcome of your efforts.-
--------------- ------------------------------ -------
T.
-- -7. SUPPORT Railroad Crossings. AB 3627 (Bradley).
AB: 362:7 addresses a problem which is pervasi veL i n cities where a rai lAroad
operates ray. road. crossings in need: of repair and the. reluctance in many
instances • of the railroad to repair the crossing. A provides the
fol lowing.
x 1.. It permits the local agency to declare that a. "heavily traveled
crossing" has deteriorated to a point which needs repair.. The bill'
defines "heavily traveled crossing" as a. crossing intersecting a road or
highway that has three or, more lanes- for traffic in one d rection: or four
or more lanes for traffic, in two directions. and;
the vehicular traffic an
the crossing: exceeds 7500 veh-i cl es per day.
Z. The local agency- .
then provides the railroad. corporation with written"
tten
notice that the crossing is no longer p
an acceptable crossin fo:
vehicular traffic and requests that the condition be corrected. � r
3. The railroad corporation is given 15 days to respond to the request by
the local agency, indicating what action. the- railroad corporation intends;
to take with regard to the railroad crossings
4. If the railroad corporation di-sagrees with the local agency's
determination, the railroad corporation shall' provide written
notification to the local: agency within 16 working days. U no agreement
5. MARCH 7, 1986
City offici a1s. are requested- to send their comments.on the bill to the
League's Sacramento office:.
- - - --- --- ------------ - ----- -
10. REVIEW. AND Public Records Act-. Film Locations Not. Publ i c
h COMMENT Records. SB 2234 {Robbins}.
The Public Record Act requires cities to make their records available for
publ7.c inspection unless those records are exempt from disclosure. SB 2234
would exempt from this disclosure requirement information on; the ` location of`
filming for" whit ch permits. have � p e been requested or issued, until the-filming is:
complete. If fll'.ming occurs in your citv,. please send comments to the
League`7s Sacramento office describing how this bill may impact your city.
11. INFORMATION Veh i c.l a Loads: Gravelor Sand. AB 2335 (Katz
".Covered Load Bill Moves Toward May-----He-
aring in Senate
Transportation: - Committee.
Assembly Member Richard Katz has been successful in pushing AB 2335 through:
the Assembly to. the Senate: where it awaits a hearing In May before:— the: Senate:
Transportat4on Committee. The bill requires that. any vehici'e loaded
subst"antial,ly to capacity with gravel, sand, or Simi"lar material be covered to-
prevent the escape of any of the lad when driven or moved. on the highway-, and
makes the violation of this law a misdemeanor. Legislation similar: to AB 2335
has been, proposed in the. past but has been unsucces ful` Assembly Memberr Katz
has: moved the bill further than any previous author.
To support the. case for, this legislation the author has
gathered: an
,mpressive set of statistics which incIude:s:
1 $40 - $64 million, i s spent, every year by Cal i form a, motorists and
their insurance companies to repair damage to au.tomobi les caused by
flying debris on California's highways.
2. In the Los Angeles area, there were: 64 accidents in the: first nine
s months of 1985 caused by spillage- of materials from: trucks,t, accordin t
the Cal i forni:a. Highway Patrol . g o
� 9 Y , Seventeen of those accidents lis ed
injuries to one; or more of the vehicle occupants
3. Currently, nine states have strict load-covering laws: including
Florida, Massachusetts, M chigan, Mississippi Missouri, Nebraska, New.
Hampshire, New York.. and: Texas.
The: list of' supporters- for AB� 2335 incl udes the California State- Automobil-e:
Association, California Hig.trolmen's Associ.at_on, Consumer Advisory
Council::, California Teamsters Public Affairs, Council, American Society of
Safety Engi:ne.ers,: California Peace Officers" Association, and the 'Association
of California Insurance Companies. Several cities have also expressed support
for ABS. The League Transportation and Publ°ic Works Committee will review
this legislation at its March 26 meeting. Members of the Senate
Transportation: Committee are: Foran, Cha:i.r;; Ellis, Vice Chair; Bergeson,
Beverly,, Deddeh, L.. Greene,: Hart, Morgan., Seymour, Torres, and Vuich
7 MARCH 71 1986