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CARLSBAD: City sues state over Tamarack fee device
Construction work halted until October hearing
By BARBARA HENRY - Staff Writer | ∞
CARLSBAD ---- A lawsuit filed this week by Carlsbad has temporarily halted the installation of an unpopular fee collection device at Tamarack State Beach's public parking lot.
The concrete pad and the base for the machine were already in place, but the device itself wasn't yet installed when the city filed its lawsuit Monday in the North County branch of Superior Court, said Brian Ketterer, superintendent of the state's parklands in northern coastal San Diego County.
Ketterer said the state has since agreed to stop work on the project until an Oct.10 court hearing.
In its request for a court injunction, Carlsbad argues that the state Coastal Commission acted inappropriately when it approved the proposal in May. Among other things, the city believes that state commission failed to give enough weight to environmental issues related to the project, Assistant City Attorney Jane Mobaldi said Thursday.
The city asserts that if the state starts collecting $8 to park at Tamarack Beach, beachgoers will look for free parking on surrounding neighborhood streets and cause horrendous traffic troubles, Mobaldi said. Carlsbad is also arguing that these beachgoers will then use unofficial pathways down to the ocean from their vehicles, damaging sensitive coastal bluff areas.
Mobaldi said the city believes the state hasn't taken Carlsbad's concerns seriously.
"The Coastal Commission at the hearing focused almost exclusively on the (fact that) state needs the money," she said.
State officials have frankly said that the idea of charging $8 to park at the 120-space lot at the western end of Tamarack Avenue came up in response to word that the state was facing a multibillion budget shortfall this year.
However, the state has done a good job of reviewing the environmental issues, Ketterer said Thursday. He said the state did two reports on the topic and is assessing conditions in the area now.
If the installation is successful, this will be the first time that the state has charged to park at Tamarack State Beach.
Years ago, the state had an agreement with Carlsbad that kept the lot free. Under that deal, Carlsbad paid roughly $40,000 a year to the state in order to prevent the installation of a fee collection device.
But that deal has long since expired and the city hasn't been making payments.
When the Coastal Commission approved the collection device in May, parks officials said they hoped to install it by the end of the summer. However, they added, they also were hoping to hammer out a new payment arrangement with Carlsbad.
That hasn't happened. The city and the state remain far apart when it comes to agreeing on how much money ought to constitute a proper payment, city and state officials said Thursday.
In the past, Carlsbad officials have said they're willing to pay something close to the $40,000 the city paid in the 1990s. State officials have indicated that they want $350,000 to $560,0000, or the figure they forecast they could collect annually from the "iron ranger" fee collection device.
Contact staff writer Barbara Henry at (760) 901-4072 or bhenry@nctimes.com.
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Jeff wrote on Jul 10, 2008 6:24 PM:It's money, money that's all the state wants they waste more than they spend right. Good Luck Carlsbad!
Screw You wrote on Jul 10, 2008 7:24 PM:MONEY HUNGRY LOW LIFE SCUMBAGS. WHEN WILL THIS DOLLAR SUCKING THE TAX PAYING PUBLIC EVER END?
Tamarack Surfer wrote on Jul 10, 2008 8:33 PM:Please, please, please do not not give into the state. Let them get the fees from other avenues, not by charging locals and tourists alike. Hey, I have an idea....cut of all funding for illegal immigrants such as tuition, medical and every other program they are exploiting. Boom, the state would be rolling in money. Im so sick of gettning taxed to death as it is, I dont need another fee for surfing or being at my favorite beach with my family.
Dear California wrote on Jul 10, 2008 10:18 PM:need money? Stop robbing law-abiding citizens to pay for ESL, medical and dental for ILLEGAL immigrants.
CBD wrote on Jul 10, 2008 10:41 PM:Do an ICE sweep of the parking lot and the beach and that will save some $$$$ for the state.
Quit giving our tax dollars away to the people that are illegally here and the budget failure will be fixed.
esteban wrote on Jul 11, 2008 5:45 AM:Put in the parking meters, People will park their either way. I'm willing to pay it to park closer.
Beach goer wrote on Jul 11, 2008 6:44 AM:Ahhhhh. The early morning chirping of the North County Anti Tax Birds. I guess the beaches clean themselves, lifeguards work for free and Neptune paved and maintains the parking lot. It's a STATE BEACH!
Bo wrote on Jul 11, 2008 7:59 AM:Our parks and beaches are not revenue sources for the State, they are OUR recreational areas to be visited as needed. I can still remember when many So. CA beaches were private property for use only by the elite; we the people won that battle and returned the beaches to the people. Now the State wants to revert back to elitism. An $8 parking fee is enough to prevent many families from visitig the beach at will. Get the State out of our local affairs! Hand the beach over to the City!!!
jellyfish wrote on Jul 11, 2008 8:28 AM:Annual passes go for $120, and they are good at all state parks in CA. I've been getting one every year for the past thirty years.
La Costa Jay wrote on Jul 11, 2008 9:15 AM:The problem here is that once again, the City of Carlsbad is trying to compensate for its failure of city planning (e.g., parking shortage in the Village area, etc.) by riding on the coattails of the state taxpayers. Cleaning and maintaining a beach is not FREE! Charging a parking fee is entirely reasonable. If the neighborhood streets become too crowded, then the city should institute permit parking only to protect the residents.
JSten wrote on Jul 11, 2008 9:24 AM:Public facilities need upkeep and fees help to do that. People need to ensure that the money is collected and used wisely, not whether it should be collected for an appropriate purpose.
Ever been to Massachusetts? They charge for everything there. Parkign at teh beach was $10 in 1996 I can imagine what it costs now.
Tamarack Resident wrote on Jul 11, 2008 10:00 AM:I can't believe how cheap the city of Carlsbad is! Why don't they continue the $40k a year payments? All beachgoers benefit from the fact that it is a state beach. Our beaches are one of our most valued assets - let patrons pay the $8 to park in that tiny lot that always fills up anyway. The city could easily make the money back if they did a better job patrolling drivers on Tamarack!
Fed up wrote on Jul 11, 2008 10:18 AM:If they start charging, people will just go to another beach down the road. Parts of Oceanside and Encinitas are free.
I agree, the state needs to cut spending on ALL illegal immigrant services. Hello? aren't they "illegal" immigrants? Shouldn't they be punished and shipped back? Migrate the legal way, like our ancestors did.
Larry wrote on Jul 11, 2008 10:54 AM:What idiot would want to go to the beach in San Diego county anyway? The water is a cesspool and the sand a giant litter box, not to mention the local riff raff that inhabits the area.
To NCT Censors wrote on Jul 11, 2008 12:00 PM:Second attempt. Please post my comment.
Let's not forget that the Carlsbad City Council has allocated $2 million dollars to Catholic Charities to be put toward the La Posada shelter in Carlsbad for housing "farmworkers". And it is widely accepted that "farmworkers" is a euphemism for illegal aliens who are not here working on farms, but as day laborers, many of whom seek non-farm related employment at the city funded day laborer hiring center nearby, local home improvement stores, and other non-farm related employment. How far do you think that $2 million would go toward free parking at Tamarack Beach? Thank the Mayor and Carlsbad City Council for their stewardship of public funds…NOT!!!
BETSY wrote on Jul 11, 2008 12:30 PM:I refuse to pay for parking after 46 years of free access to our cities BEST stretch of beach. I ALREADY OVER-PAY to live in Carlsbad!! The monies for Lifeguards and maintenance come from different accounting avenues--NOT from a "Parking Fee." How come Carlsbad can afford to offer FREE housing to illegals (how many millions paid for THAT?!), when I have to work 3 jobs just to live here? And now PARKING $$ ??
Tuck wrote on Jul 11, 2008 1:06 PM:It is interesting how an article about beach parking fees can turn into a discussion on how much money is wasted on illegal aliens. We are not alone. Most Americans agree or would agree that this is ridiculous if they knew the facts. I tell me family back east what is going on here, and they are astonished. Scary thing is, it looks like Hussein will be our next leader. What do we do?
I agree wrote on Jul 11, 2008 1:17 PM:the taxpayers in Carlsbad already pay through the nose to live in that wonderful city and enjoy the beautiful beaches. WHY would the City refuse to save their tax paying citizens from the $8 fee while using those SAME taxpayer's monies to build ANOTHER facility for illegal aliens? Use that $2 million to do something to serve your tax paying constituents, would you? Let's let the citizens vote: Catholic Charities gets $2 million of your money to house non tax paying illegals OR California gets paid to keep your beaches free of charge for the already overtaxed citizen. Let the tax paying American decide.
HB wrote on Jul 11, 2008 3:37 PM:ORANGE COUNTY BEACHES HAVE PAID FOR 30YEARS ?? SINCE I CAN REMEMBER AND I AM 67.
John wrote on Jul 11, 2008 3:50 PM:Well Well Well....
Just another way to get money!!!!
I have lived in C-BAD for 21 yrs i used to live in Huntington Beach where you have to pay to park everywhere, it SUCKED! dont let this happen to Carlsbad its bad enough on major Holidays such as Memorial & Labor day and the 4TH of July the damn Motorhomes take the fricken coast parking up and dont get parking tickets and there parked for days :( come on people SAVE CARLSBAD.
Its Their Own Fault wrote on Jul 11, 2008 5:29 PM:If Carlsbad leadership hadn't been so cheap and refused to work out a deal with the State in the first place, then they wouldn't be in this position. Also, I find it funny that a bunch of folks that will probably vote for a party that wants to such every dime they can from the taxpayers are now crying because it's THEIR pocket that is now being picked. The tax and spend policies of the left affect us all, whether they say they will only tax the rich. What a bunch of @#$@!
Darlene wrote on Jul 12, 2008 9:22 AM:I am so sick of the homeless people parking run down pieces of junk motor homes on the coast for a week at a time and than when I park my truck over night to try to save a spot on the coast I get a $50 parking ticket. Hey, I live here and I pay taxes in this City. I should be able to enjoy the sunshine and the beach that I am paying for every day. I cannot believe that they are trying to hit our pocket books again and charging us more to enjoy the surf...You think the parking is bad now....We will never find a parking spot now. It is so crazy already...time to move to Costa Rico
Wow wrote on Jul 12, 2008 8:44 PM:We'll gladly pay $4.00 for a Starbucks coffee that last 15 minutes, but grab our torches and pitchforks over hours or even a day at the beach for $8.00. Geez, give me an extra jolt of expresso for 50 cents. What a bargain.
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