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HomeMy WebLinkAbout1972-08-01; City Council; 815; Election-south Carlsbad Annxation No.1.13THE CITY O F CARLSBAL,CALIF'ORNIA Agenda Bill No -deferred To : Date August 1. 1972 Subject:'* Election- "South Carlsbad Annexation No. 1.13" (La.nakai ) Submitted By: City Clerk Statement of the Matter Resolution of Intention #2032, stating the intention of the Council to call a Special Electi-on as to whether the territory known as "South .Carlsbad Annexation #1.13" shall be annexed, is set for hearing ' on August 1, 1972. At the time fixed for hearing if even one property owner within the area proposed to be annexed protests the annexation, the hearing must be continued. 10-17-72 The Special Election for annexation of Lanakai Mobile Homes was held on October 3, 1972. The Election Code provides the ballots shall be canvassed by the City Council at the next regular meeting following the election. Exhibit Resolution No., calling-a special election. Resolution No. 300 O , declaring the results of the election. Staff Recommendations 8-1-72 1. If any property owner within the area protests, continue the hearing-to August 15, 1972. 2'. If there are no protests, adopt Resolution # calling fora special elect ion. 10-17-72 After the Council has canvassed the ballots, adopt resolution No. 3*6 Q . Wo. City Manager's Recommendation Council'Action 8-1-72 Following the fubl i.c Heari ng, Resolution No. 2051 calling for a Special Election was adopted. 10-17-72 - Following Canvas of Ballots by Council, Resolution No. 3000 • ' was adopted by title only, declaring the results of the •' . -election. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 2051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING A SPECIAL ELECTION TO BE HELD ON THE 3rd DAY OF OCTOBER, 1972, PERTAINING TO THE"SOUTH CARLSBAD ANNEXATION NO. 1.13", TO THE CITY OF CARLSBAD. WHEREAS, by Resolution No. 2032 the City Council of the City of Carlsbad, California, declared its intention to call a special election in certain inhabited territory contiguous to said City, proposed to be annexed to said City, for the purpose of sub- mitting to the qualified electors residing in said territory the question of whether or not said territory shall be annexed to said C i ty , and; WHEREAS, a copy of said resolution was published as required by law; and, WHEREAS, pursuant to said resolution of intention, a protest hearing was duly and regularly held on August 1, 1972, at which time no written or oral protests were made by the owners of one-half or more of the value of property within the territory proposed to be annexed as shown on the last equalized assessment roll, not by public and private owners of real property equal to one-half or more of the value of said territory; and, WHEREAS, all proceedings have been held in accordance with said resolution and the Annexation Act of 1913, reference thereto hereby being made for further particulars; NOW, THEREFORE, the City Council of the City of Carlsbad, California, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . A special election is hereby called to be held on the 3rd day of October, 1972 in the territory hereinafter described and proposed to be annexed to the City of Carlsbad, for the purpose of submitting to the qualified electors residing in said territory the question of whether or not such territory shall be annexed to, incorporated in, and made a part of said City of Carlsbad, -1- and whether or not the property of said territory shall, after such • 2 annexation be subject to taxation equally with the property within 3 the City of Carlsbad, to pay the entire bonded indebtedness of the 4 City-of Carlsbad outstanding or authorized at the date of the first 5 publication of the Notice of Election for the acquisition, constructio 6 or completion of municipal improvements. 7 • SAID territory is described as follows: 8 9 10 11 12 • . All that: unincorporated area, in the County of San Diego, State of California, lacing a portion of La Costa Downs Unit No. 1, according to }lap thereof Ko. 2013, filed in the Office of the County .Recorder of San Diego County, April 6, 1927, and a portion of Sections 20 and 29 in the Township 12 South, Range 4 V.'ent, San Bernardino Base and Meridian, according to .United States Government Survey, approved October 25, 1875, and being ., „ more particularly described as follows:J.O , 4 Beginning at a point on Southerly boundary of Rancho Agua Hedionda, according to United States Survey Government Resurvey •j;- of Subdivision of Township 12 South, Range 4 West, San Bernar- dino Base and Meridian, by Owen approved September 17, 1915, a copy of which was filed in the office of the Recorder of said County, June 21, 1920, as miscellaneous Map 29 and also according to map marked "Plaintiff's Exhibit A" in Superior .. Court Document No. 16830, dated May 6, 1916. Sai'd point being also on the Westerly line of right of way of State Highway. As shown on right of way map. District XI, County'of San 19 Diego, Route 5, Sheet No. LO-3770; 20 (T) Thence along Southerly boundary of .said Rancho, South 89°27'10" •East 366.17 feet to the Easterly right of "way line of said 21 . State Highway; 22 (5) Thence along the Easterly right of way line of said highway, South 2S°14'56"' East 326.28 feet (State distance 323.50 feet) ; 23 Thence continuing along said line South 24-40'13" East 2140.96 24 ' (State distance 2141.34 feet) to a point on the Northerly section line of Section 29; 25 Jf^L ^ Thence, leaving Easterly right of v;ay line of State Highway 26 along said section line South 09°50'20" VJeot 1226.03.fcct to the Northwest corner of the East half of the Northeast Quarter 27 of Section 29; 28 (5) Thence South 0°Q2'20" East 1362.45 feet along Westerly line of the East one-half of the Northeast Quarter of Section 29 to 29 the South line of Lot 1, of Seption 29; . 1V tl,o Loccl /V;;cncy Formation 30 •' ' Commission of Son Diego DEC CC 197) 32 CocrcUtry of ».<ld Commluion -2- 1 2 3 4 • Thence South 09°50''30" West 466.01 feet along the South line of Lot 1 to a point on a curve of a 19,046 foot radius curve 5 ' concave Northeasterly having a radial line from said point bears North 70°32'46" East, said point being located on the 6 Easterly right of way line: of California State Highway XI-SD-2B, as shown on State of California Department; of 7 ' public Works, Division of Highways, District XI, right of way Map No. LO 9633 to 9636; 8 Thence' Northwesterly along arc of said curve and said right of 9 way, 239.00 feet through a central angle of 0°41'24". 10 . (e) Thence continuing along, said right of v;3y line as follows; North 18°45'SO" West 1172.82 feet, to the beginning of a 11 •' . tangent 20.00 foot radius curve concave Southeasterly; Thence Northeasterly along the arc of said Curve 37.95 feet through a central angle 108°43'40"; • .JLo o Thence South 89°57'50" West 53.24 feet; 14 ll) Thence North 18C45'50" West 593.60 feet;15 •i* ' Thence North 71*14'10" East 120.00 feet;J.6 ^""^ • - *• ._ 13) Thence North 17°19'22" West 132.00 feet; ..Q .14) . Thence North 14C37'51" West 425.67 feet;JLO s 19 Thence North 63°45'53" West 141.43 feet; 20 . O ..'i'her.ce North 24027'58" V?est 324.10 feet to the beginning of a IS,080 foot radius curve concave Southwesterly having a radial 21 • line from 'which bears South 68°57'52" West; 22 ( Thence North-westerly along the arc of said curve 328.35 feet, through a central angle of 3°42'12" to a point of tangency; 23 Thence North 24 "44'20" • West 440.82 feet to the Southerly lot 24 line of Rancho Agua Hcdionda; 25 ) Thence leaving Easterly right of way line of said Highway South 89C27'10" East along said Southerly lot line of said 26 Rancho 707 feet*more or less to the Easterly right of way of Atchison, Topcka and Santa Fc Railway Company, Coast 27 .T,ines, being the successor in interest of the California Southern Railroad Company, which was shown on a map approved 28 by I-ho r.c-crctary of the Interior, May 12, 1001; and con- structed in 1G02 on the- location shown on said map; 29 30 31 32 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e> (23) _JThencc along the Easterly Railway line South 18024'35" East '120'!. 0-1 feet to the most Northv.-er tcrly corner of Lot-19, in Block 21 of La Costa Downs Unit No^ 1; • Thence leaving said Railroad right of way along Northerly lot line of Lot 19, North 69°33r55" East 69.29 feet (North G8°53'20'! East. 68.75 feet; Map 2013); Thenct!' North Dl°00'55" East 42.19 feet (North 50°20'20" .East 42.19 feet, Map 2013); ' . Thence" North 18024'35" West 115.28 feet; Thence North 61P51'00" East 484.04 feet to a point on curve on the Northwesterly right of way line of La Lo:na Boulevard, said curve having a 60.00 foot radius, concave South- easterly, a radial line from said point bears South 56*55'55" East; . Thence Northeasterly elong arc of said curve and right of. way 60.51 feet through a central angle of 57°33'50" to a. x-adial line from said point bears South 0°38'55" West; •» Thence leaving said.right of way North 61"51'00" East 292.78 feet to the Westerly right of way line of State Highway XI-SD-P.oute 5, Sheet No. LO-3770;{• Thence along the Westerly right of way line North 27°14I24" West 652.95 feet to the TRUE POINT 0? BEGINNING. The name given said territory for the purpose of indicating it on the election ballots is "South Carlsbad Annexation No. 1.13" SECTION 2. Time of opening and closing polls. The polls at said election shall be opened at 7:00 o'clock A.M. of the day herein fixed for the holding of said election, and shall be kept open until-7:00 o'clock P.M. of said day, when the polls shall be closed. SECTION 3. Ballots. Upon the ballots to be used at said election there shall be printed the words: SHALL "SOUTH CARLSBAD ANNEXATION NO. 1.13" BE ANNEXED TO, IN- CORPORATED IN, AND MADE A PART OF THE CITY OF CARLSBAD, AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAXATION EQUALLY WITH THE PROPERTY WITHIN THE CITY OF CARLSBAD, TO PAY THE ENTIRE BONDED INDEBTEDNESS OF THE CITY OF CARLSBAD OUTSTANDING OR AUTHORIZED AT THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF ELECTION FOR THE ACQUISITION, CONSTRUCTION OR COMPLETION OF MUNICIPAL IMPROVEMENTS. .4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Opposite these words there shall be printed the words "YES" and "NO", and to the right of each of these last two words, there shall be a voting square. If an elector shall stamp a cross (+) in the voting square, after the printed word "YES", the vote of such elector shall be counted in favor of the annexation of said territory to the City of Carlsbad, and if an elector shall stamp a cross (+) in the voting square after the printed word "NO", the vote of such elector shall be counted against such annexation. Absentee ballots may be marked in pen and ink or pencil. In all particulars not herein recited, said election shall be in conformity, or as near as may be, with the laws of the State of California governing municipal elections in general lav; cities, and with the Annexation Act of 1913. SECTION 4. For the purpose of this election, there hereby is established in the territory described herein one (1) voting precinct which shall include all such territory. (a) The following is the polling place of said election precinct, and the following named persons hereby are named officers of election and shall constitute the Board of Election for such election precinct: Poll ing Place : Lanakai Mobile Home Recreation Center 6550 Ponto Drive Carlsbad, California Inspector:June R. Dwarak Judge:Edna Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Clerk : Margaret G. Schlerf Clerk: Pauline R. Pickels (b) For their services in connection with said election, said inspector shall receive twenty-one ($21.00) dollars, and said judge and clerks shall receive eighteen dollars ($18.00) each; the person in possession of the polling place herein named shall receive for the use of such premises in connection with said election the sum of fifteen dollars ($15.00). SECTION 5. The City Clerk is authorized and directed to obtain supplies necessary for the proper conduct.of the election and to have prepared and mailed, a ballot pamphlet as prescribed in Government Code sections 35252.1 - 35252.4, and a sample ballot land precinct polling place card to each eligible voter in the time and manner provided by law. SECTION 6. The City Clerk shall publish a notice of said special election as required by said Annexation Act of 1913 at least once a week for four weeks prior to the date of the election on the 3rd day of October, 1972, in the Blade-Tribune, a newspaper of general circulation printed and published outside the City of Carlsbad but in the County of San Diego, California. SECTION 7. Within five (5) days after the adoption of this Resolution, the City Clerk shall transmit by registered mail, a certified copy thereof to the County of San Diego Local Agency Formation Commission. XX -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED, APPROVED AND ADOPTED AT A regular meeting of the City Council of the City of Carlsbad, California, held on the 1st day of August, 1972, by the following vote; to wit, AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor of the City of Carlsbad. ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) -7- 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF A SPECIAL ELECTION HELD AT LANAKAI, ON OCTOBER 3, 1972 The City Council of the City of Carlsbad, California DOES 6 I HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1 . That a special election was duly called and 8 I regularly held at Lanakai on the 3rd day of October, 1972, at 9 II which election there was submitted to the qualified voters of Lanakai the following proposition, to wit: PROPOSITION: Shall "South Carlsbad.Annexation No. 1.13" be annexed to, incorporated in, and made a part of the City of Carlsbad, and the property in such territory be, after such annexation, subject to taxation equally with the property within the City of Carlsbad, to pay the entire bonded indebtedness of the City of Carlsbad outstanding or authorized at the date of the first publication of the Notice of Election for the acquisition, construction or completion of municipal improvements? SECTION 2. That the returns of said election have been duly and regularly canvassed by this City Council as provided by law, and all absentee ballots, if any, returned have been canvassed as provided by law. SECTION 3. That the votes cast in the precinct established for said election upon said proposition and for and against said proposition, the absentee votes, if any, cast upon said propositio and for and against said proposition, and the total votes cast at said election for and against said proposition and upon said proposition are as follows: XX XX XX X X X X -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PRECINCT No. 1. Total in Precinct Absentee Votes' Total Votes Including Absentee Votes YES 101 101 2 103 NO. 19 19 0 19 TOTAL 120 120 2 122 SECTION 4. That the majority of those votes cast by all those voters voting at said election upon said annexation proposition, were cast in favor of said proposition, and said proposition is hereby declared to be carried. SECTION 5. That the City Clerk of this City is hereby directed to enter this Resolution in full in the minutes of this City Council, which upon entry shall constitute the City Clerk's statement of the result of the election. ADOPTED, SIGNED AND APPROVED this 17th day of October 1972, by the following vote: 'AYES: Vice-Mayor McComas, Councilmen Lewis and Chase NOES: None ABSENT: Mayor Dunne, Councilman Frazee DAVID M. DUNNE AVID M. DUNNE, Mayor ATTEST: . AD Citylerk (SEAL) GLENN E. McCOMAS, Vice-Mayor -2-