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May 2, 1978
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CITY COUNCIL ADDITIONAL BUSINESS: Y Councilwoman Casler stated she would be out of
x town from July 19, 1978 to August 12, 1978. 1 *, ' Mayor Packard stated he would be out of town from June 22, 1978 to July 4, 1978.
Councilman Skotnicki questioned if a copy of th proposed JAC budget is furnished to Council or
budget. He stated the budget, as proposed, has a significant increase due to the large amount of work on areas not related to Phase 111.
1 I,/ cj if Council receives a copy of the finalized k I!
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PUBLIC HEARINGS:
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The City Clerk announced that notice of the 1 hearing had been given pursuant to the provision of the "Landscaping and Lighting Act of 1972", ti being Division 15 of the Streets and Highways Code of the State of California, and that the Affidavit of Publication and Certificate of I Mailing and Posting Streets are on file in the i City Clerk's Office.
-I 13. AGENDA BILL #5401 - LA COSTA MAINTENANCE
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6 It was moved to receive and fjl-'e the affidavit 'Motion t:i.; I i: i! and certificate. 1 Ayes 1 XI Xi
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I-: Urban Engineering, 19720 Camino de Rosa, Walnut, c ti Mr. Frank Salfingere, Assessment Engineer with [
h ing the assessment spread.
6 CA, presented the Engineer's Report to Council I @
11 and explained the methodology used in determin- 1 k'
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The City Clerk announced a petition containing ! 97 signatures had been received opposing the I e
formation of the Maintenance District. In addi- tion, 70 individual written protests had been received in opposition, many of which were dup- licates of those signatures on the petition. Finally, a letter of opposition had been receive from Shape11 Industries of-San Diego, Inc., who own 105 lots. Therefore, a total of 98 separate written protests were received.
The City Clerk then. summarized the contents of the written prote-S'ts.
The Mayor declared the public hearing open and stated those having filed written protests woul be heard first; then anyone else wishing to protest would be heard; followed by anyone desiring to speak in favor of the proceedings. Finally, those in opposition would be given the opportunity to speak in rebuttal.
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Mr. Timothy K. MacNeil, 2125 Pintoresco Court,. ! Carlsbad, addressed Council. Mr. MacNei? stated he lived in the Monarch Hills area, and the homeowners in that area will receive no benefit from the district in that they cannot view the proposed district from their lots. He stated the area would be more beautiful and less costly i if left in its natural state. He requested I Council consideratlon of the number of protests.
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May 2, 1978
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Carolyn Bulf, 2012 Cima Ct., Carlsbad, addressed'! Council. Ms. Bulf expressed opposition in that 1 it would .raise taxes and only benefit those out- 1 .? side, driving by who would view t-he area'. I I I 1 8
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', Mr. James Strock, 7791 Falda Place, Carlsbad, ! addressed Council. Mr. Strock expressed opposi- tion to the. proposed district. He stated it was the responsibility of the property owner, La Costa Land Company, to maintain the area. He continued stating the recent heavy rains had
caused no errosion and requested it be left in natural vegetation.
Susan Parmely, 2110 Vuelta Court, Carlsbad, ! addressed Council. Ms. Parmely protested the 1 way the district was set up, and questioned why 1 a map was not included in their notice showing g the actual area to be maintained. She concludedk by stating she would have to drive a mile in 1 order to view the area.
Mr. Irv Stafford, 2133 Vuelta Court, Carlsbad, I L addressed Council. Mr. Stafford expressed agreement with previous protestors and questionel who set up the assessment district and under what motivation. I r: I Mr. Greg Ritter, 7778 Falda Place, Carlsbad, t
'I people that would receive benefit would be those!
tj driving by the area. He questioned who had
1 E 1.: Mr. Richard H. Cecelsh, 2031 Cima Court, CarlsbaL , h
p addressed Council. Mr. Ritter s-tated the only 8 t
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addressed Council. He stated that of 106 people:
B contacted to sign a petition in protest, he g obtained 104 signatures. He expressed oppositio to the district and questioned who initially
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g tion of the district. He requested the area be
$ Mr. J. Russel 1 Lemon, 2031 Ladera Court, Carl sbar, addressed Council. Mr. Lemon stated he wished
left in its natural state, and questioned how many special maintenance districts are .establish ed in the City.
Mr. Roy Cartwright., 2061 Cima Court, Carlsbad, addressed Council-, expressing opposition to the formation of the proposed dist,rict.
ii to add his name to those protesting the forma- k
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Mr. Fred Morey, 2623 Abedul, Carlsbad, Vice- President of Governmental Affairs for La Costa Land Company, addressed Council. Mr. Morey stated he was not in favor nor in opposition to the proposed district; however, he wished to inform the audience and remind Council and staf of the history of this matter. He stated the La Costa Land Company had been required to sub- mit some device whereby people would have 'the opportunity to maintain the open space in that area. He then outlined the proposal by La Costa Land Company and Council 's' resulting action. In conclusion, he suggested Council review the matter of the SDG&E easements in tha the Master Plan involves large open space areas which will require maintenance.
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The representative of Severino Constructinn and Mr. Ruden reaffirmed their bids subject to the conditions' contained in the Resolutions.
The Mayor then asked if there was anyone present .who wished to bid orally on the property. The following oral bids were received in 5 percent increments:
Mr. Alton Ruden $64,953.00 Mr. Lou Furrer $68,200.65 Mr. James Gerrard $71,611 .OO Severino Construction $75,191 .OO Mr. Alton Ruden $78,951 .OO * Mr. James Gerrard $82,898.00 1 I The City Attorney stated it would be appropriate 1
I The following Resolution was adopted:
for Mr. Gerrard to deposit 10 percent of the total bid with the City Clerk the following day. In addition, he stated by the sale of the proper f e the City was making no warranty or guarantees as ii to the developability of the land. a
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RESOLUTION NO. 5402, AUTHORIZING THE SALE OF REA PROPERTY OF THE CITY NOT NEEDED FOR PUBLIC USE A r. DESCRIBED IN RESOLUTION NO. 5365, AND HEREINAFTE
FOR THE SUM OF $82,898.00, SUBJECT TO THE TERMS AND CONDITIONS HEREOF.
j MORE PARTICULARLY DESCRIBED, TO JAMES GERRARD,
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IC241 15. AGENDA BILL #5400 - ADOPTION BY REFERENCE f OF THE COUNTY CODE ON RABIES,. ANIMAL CONTROL AND
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Following a brief report, the Mayor asked if any one wished to speak on the matter. Since no one wished to be heard, the public hearing was close at 9:18 P.M.
I The following Ordinance was introduced for a first reading by title only: L
ORDINANCE NO. 3110, AMENDING TITLE.7, CHAPTER 7.08, BY THE AMENDMENT OF SECTION 7.08.010 TO ADOPT BY REFERENCE CHAPTER. 6, DIVISION 2, OF TITLE 6 OF THE SAN DIEGO COUNTY CODE REGARDING RABIES, ANIMAL CONTROL AND REGULATION.
0 C1131 18. AGENDA BILL #5432 - SAN DIEGO COUNTY CON- SISTENCY ZONING.
The Planning Director gave a staff report on the matter with the aid of a wall exhibit showing the County property located within the Carlsbad Sphere of Influence, and the portion of that property which County staff was recommending be rez-oned to T-40. He continued stating this action is consistent with policies developed be- tween the City and the County Board of Super- visors. However, Council should consider re- commending that all County property located with Carlsbad's Sphere of Influence be rezoned to T-40.
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The Planning Director then outlined his memorandu to the City Yanager dated April 25, 1978, which 1.1 1 relates to the policies developed between the
.- City of Carlsbad and the Board of Supervisors, ill and the County Pl.anning Commission and County 11 I *, Staff's.ac'tions which are not in compliance with those policies.
Following brief discussion, Council directed the Mayor and-City Manager to make an appointment IXiXi with the Chairman of the Board of Supervisors iig and the Supervisor from Carlsbad's District to Itg discuss those areas of concern. !$!
In addition, staff was directed to prepare a p[ letter expressing the Council's position on the I$
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p Youth Hostel in the Ponto area to accompany the
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6 COUNCIL - LUCILLE MOORE, CHAIRWOMAN, BOARD OF 1 lj SUPERVISORS. 1 t; f f i 1. t" $ I
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t ji[89] 21. AGENDA BILL #5435 - R.EQUEST TO ADDRESS I i, B g g i!
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Mrs. Moore stated she had requested the oppor- tunity to address Council re Senate Bill 1746,
which was introduced by Senator Mills. She stated the Board of Supervisors is in favor of the concept of the bill, but has opposition to particulars contained in the bill.
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Mrs. Moore stated'she and Supervisor Hamilton were appointed to an ad hoc committee to prepare amendments to the bill. Therefore; she expressed, I the desire of receiving Council input re the bill
Following discussion, Council concurred that each Council member would submit their comments, suggestions and concerns directly to Mrs. Moore g with regard to Senate Bi 11 1746. 1
ADJOURNMENT: c
By proper motion, the meeting was adjourned at 1 10:02 P.M. to Tuesday, May 9, 1978, at 7:OO P.M. t in the Council Chambers.
Respectfully submitted, 1
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MAR 7?7$fdZ4& AR E. ADAMS;" ity C1 erk Lee Rakftenkranz, Recording
Secretary