ENCINITAS: Settlement reached in Ponto traffic lawsuit
Encinitas council to vote on settlement Wednesday
By RUTH MARVIN WEBSTER - Staff Writer | ∞
ENCINITAS ---- At its meeting Wednesday, the Encinitas City Council is set to approve a settlement in its lawsuit against neighboring Carlsbad over traffic concerns linked to Ponto Beachfront Village, a huge multiuse project proposed for 50 acres north of Batiquitos Lagoon.
The project, which includes hotels, office buildings and condominiums, was approved by the Carlsbad City Council in December 2007. In January, Encinitas filed suit, alleging that Carlsbad had failed to adequately provide for traffic improvements that will be needed on nearby La Costa Avenue because of the massive project.
The cost of those improvements would top $7 million, city officials said. Carlsbad had initially said the developer building the project would pay 27 percent of the road improvements.
Under the terms of the settlement deal, the cost for the improvements will be shared between the two cities.
Carlsbad will pay for its portion using developer fees, while the city of Encinitas will use a variety of methods, including future developer fees, as well as citywide traffic impact fees.
La Costa Avenue is a major east-west arterial road that runs from Rancho Santa Fe Road in Carlsbad, west to the Coast Highway. Though most of the thoroughfare is within Carlsbad, part of the road most in need of improvement is in Encinitas.
The lawsuit alleged that the project would introduce up to 70 percent of future traffic onto La Costa Avenue.
Encinitas contended that Carlsbad should pay a larger share for traffic lights and the widening of the road, between North Coast Highway 101 and Vulcan Avenue.
Encinitas Councilman James Bond said this week that he is pleased a deal was reached.
"Hopefully it is in fact settled and we have all signed off and walking away with a good agreement," said Bond, who was elected Tuesday to his fifth term on the council. "For sure, it was a compromise agreement, but it was a lot better than they (Carlsbad) initially offered. I think it is more equitable."
The settlement was discussed by the Encinitas City Council in closed session last month, and is expected to be made official at the council's meeting on Wednesday evening.
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.
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John E wrote on Nov 9, 2008 5:39 PM:It will be nice to get those dangerous west-to-north and north-to-east free right turns eliminated.
Art wrote on Nov 9, 2008 5:43 PM:SANDAG has the TransNet tax for congestion relief. Why aren't they involved?
Bad deal for Encinitas wrote on Nov 9, 2008 8:14 PM:Obviously, Councilman Bond didn't read the agreement. This is one bad deal for Encinitas. Encinitas is stuck with all legal fees and cost incurred in defending any legal challenges to the design or construction of the intersection improvements, including, but not limited to, CEQA challenges. Encinitas agreeing to be the sole responsible party for paying for lawsuits isn't a good deal, Council. Giving up all Encinitas' rights to sue over any project in the Ponto Plan isn't a good deal, Council. Reject this bad deal agreement and bring back one that doesn't give away the city's rights nor indentures the city to be the only one to defend and pay against lawsuits.
Zephon wrote on Nov 10, 2008 9:55 AM:Why does the developer fees only go to Carlsbad?
Why does the Encinitas taxpayer have to pay for improvements needed because of development in Carlsbox?
Seems like our pro-developer city council members want to paint this as a win. Sounds more like Encinitas got fleeced!
Laughing at Zephon wrote on Nov 10, 2008 3:19 PM:From your comments, it sounds like you live in the wrong city. Couldn't afford Carlsbad?
Zephon wrote on Nov 10, 2008 4:35 PM:There is not a place in Carlsbox that I would live in. My current home is far better than anything there.
And money is not a concern of mine... I could live wherever I wished. I would consider LaPlaya in Point Loma however.
What I do care about is my community in Encinitas however...
As I do have issue with Encinitas taxpayers paying for road improvements necessary because of the continued over development in Carlsbad. Having seen such tragedies occur up and down the coast in North County.
It is bad enough that Encinitas taxpayers are going to spend $50-100 million for a regional soccer park mostly for Carlsbad residents. And now we have to build their roads too!
Carlsbox Resident wrote on Nov 10, 2008 5:09 PM:Zephon- I will sell you my box for really cheap. I hate living in this wannabe Irvine place. Please come by and make me an offer, so I can leave this soulless town
to Carlsbox Resident wrote on Nov 11, 2008 10:23 AM:You are an impostor... You don't even live in Carlsbad. So stop with the lies already.
I already offered to buy your home, but you probably don't even have one, and it certainly isn't in Carlsbad.
And Zephon, keep dreaming.
Zephon wrote on Nov 11, 2008 3:25 PM:Still dreaming...
Dreaming of the day that developers develop responsibly.
Dreaming of the day that our politicians represent the people and not special interest groups like developers.
Dreaming that corruption and graft from developers will no longer influence our politicians.
Why is it so wrong to dream?
Maybe if the citizens became more aware of what was really going on in our city hall we would vote out these politicians. But that dream is probably asking to much - because some people don't like it when others have dreams. Remember MLK and his teacher HDT - there dreams are becoming real because there are people that really do care about others and not just themselves.
swami_king wrote on Nov 13, 2008 7:34 PM:The whole preject is a horrible idea from the begining. Carlsbad doesn't need any more development! Leave what open spaces are left as is.
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