The URL can be used to link to this page

Home My WebLink About2009-05-12; City Council; CS; Legal Counsel regarding Real Property^vl ^ ) CITY OF CARLSBAD / AGENDA BILL ijjjjjy AB# MTG. 05/12/09 DEPT. CA CONFERENCE WITH LEGAL COUNSEL REGARDING REAL PROPERTY 1 DEPT. HEAD CITY ATTY. S%, CITY MGR. /W^~ RECOMMENDED ACTION: I move that the City Council hold a closed session pursuant to Government Code section 54956.8 to instruct its negotiators (Cynthia Haas, Economic Development Real Estate Manager and Gary Barberio, Assistant Planning Director) regarding the lease of real property including both price and terms of lease for the property generally identified as: Property Owner: Location: APN: Negotiator: City of Carlsbad Tamarack Avenue 167-101-09 Robert Condit/Lani Bray Condit (Four Paws Play Ranch) If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session. DEPARTMENT CONTACT: Ron Ball 760-434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN COUNCIL DIRECTED THE CITY ATTORNEY AND STAFF ON THE MATTER AGENDA ITEM #G/p5 c: Mayor Kira Linberg City Councilm^^^^^^^^^^^^^^m*mm^*mmmmmmmmmmmmi'^^^^^^^*mmmmm'm~^^^^^^^^^^[SS!^^ From: wdunmey@yahoo.com City Attorney Sent: Tuesday, May 12, 2009 11:15 AM City Clerk To: Council Internet Email Subject: CITY OF CARLSBAD | CONTACT US • • A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, City Council. ********************************************** FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE. ********************************************** Below, please find the information that was submitted: I have become aware through a neighbor of a closed session lease agenda item for Robert Condit / Lani Bray Condit Four Paws Play Ranch proposed for the unused sewer facility on Tamarack. This property is immediately below residential subdivisions. I am concerned that the use of the property for a kennnel is not only inappropriate for a residential neighborhood but that neighbors have not been informed of the proposed use nor have they had an opportunity for input. As you are aware considerable concern already exists for the "trail/dog walk" Village H development. If the city feels a need to "lease out" city property for a business, then the actions should take into consideration not only the location but input from residents, as well as zoning, master plan use, environmental impact and other considerations. I urge you to reject this proposed use as not only not in keeping with the city's master plan, but also as inappropriate for a residential setting. I would also remind the City Council that promises were made to residents of the area when a problem arose some years ago that no action would be taken regarding the property without the involvement of the surrounding residential community. William Dunmeyer wdunmey(5)vahoo. com Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; GTB6) 76.176.112.146 Kira Linberg From: bdunmey@yahoo.com Sent: Tuesday, May 12, 2009 11:46 AM To: Council Internet Email Subject: CITY OF CARLSBAD | CONTACT US A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, City Council. ********************************************** FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE.********************************************** Below, please find the information that was submitted: (my apology for two emails, but I entered my email incorrectly.) The Council is being asked to consider a closed session agenda item tonight lease of Tamarac sewage facility lease to Robert Condit / Lani Bray Condit Four Paws Play Ranch. My neighbors informed me of this action and asked for me to share my feelings with the council. I am deeply concerned about the proposed lease for several reasons: (1) the lease is being done without consideration of the location and its proximity to residential property directly above the proposed facility; (2) the use is not consistent with the zoning or city's master plan; (3) there has been no notification or opportunity for input from the residents of the area; (4) the area is already in controversy through the Village H development and "trail" issues; (5) there has been no environmental impact study to determine the appropriateness of the use or the impact on adjoining residential homes; and (6) when controversy developed some years ago regarding the sewer plant and failure of residents to be notified upon purchase of their homes of its existence or use, promises were made to residents that no future action would be taken on the use of the facility without input from residents in the area. I would urge the Council to use the same diligence and efforts in maintaining the quality of life and planning for the use of this facility as it has in its excellent citywide planning. This lease has not been planned or consistent with the Council's longstanding practice, zoning limitations, and master plan. William Dunmeyer bdunmey(5)vahoo. com Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; GTB6) 76.176.112.146 Kira Linberg From: JackieLachelle@aol.com Sent: Tuesday, May 12, 2009 8:42 AM To: Council Internet Email Subject: Fwd: Possible Dog Boarding Facility in Canyon From: JackieLachelle To: Cynthiahaas@ca.gov Sent: 5/12/2009 8:22:19 A.M. Pacific Daylight Time Subj: RE: Possible Dog Boarding Facility in Canyon TO: The Carlsbad City Council: We are an elderly couple in our mid 80's living at 4370 Stanford Street, right above the canyon where the Four Paws Play Ranch is considering opening a dog care facility. This is very distressing news to my husband and myself who have lived in our house for 20 years and have many health concerns that we are dealing with at our age. We feel a residential area is no place for a doggie care business that would mean barking dogs day and night. The canyon is an echo chamber. Most of the residents on our street are the owners of dogs, but are responsible people and have well trained dogs and control their animals. We did have an issue with our next door neighbor that necessitated our calling out the authorities several times in the past whose dog barked most of the time she was away from her home. The dog still barks continually whenever our gardener comes every week, but she has tried to keep her dog from barking as much as possible and we appreciate her efforts, and it has improved. We wish to express that we are totally opposed to a dog facility at the bottom of our canyon and hope that the City Council will not allow this to happen. We appeal to you and the City Council to please not allow this facility to open at the bottom of our canyon and destroy our peace of mind and our life. Thank you for your consideration of not allowing this facility to open. We will be forever grateful to you. We are Frank and Jacqueline Bohler, 4370 Stanford Street, Carlsbad, CA. Our phone number, if you would like to contact us is (760) 434-3921. Thank you again for you kind consideration and please do not allow this dog facility to open below our canyon. With our grateful thanks, Frank & Jacqueline Bohler E-mail - Jackielachelle@aol.com 4370 Stanford Street Carlsbad, CA. 92010 Phone: (760)434-3921 Recession-proof vacation ideas. Find free things to do in the U.S. Kira Linberg From: Marilyn Strong Sent: Tuesday, May 12, 2009 11:44 AM To: Kira Linberg Subject: FW: Against Dog Boarding Facility We're probably going to start getting more of these. Can you please go ahead and set up a folder on your email and keep them in there for now? Thanks. Original Message From: dan flanegan [mailto:dflanegan@gmail.com] Sent: Tuesday, May 12, 2009 11:25 AM To: Marilyn Strong; council@ci.carlsbad.ca.us Subject: Against Dog Boarding Facility I just wanted to share my concerns as a homeowner on Stanford Street in Carlsbad, that I am concerned about news the city might be considering leasing the old waste treatment plant next to the RV storage facility to a doggie day and night care facility. Are you nuts? A kennel facility in a residential area... in a canyon that borders countless homes and could prove to be the source of noise pollution day and night? When I hear a proposal is being "considered" I seriously wonder what considered means? I STRONGLY OPPOSE this and will do all in my power to rally the surrounding community that shares this opinion. Sincerely, Dan Flanegan