HomeMy WebLinkAbout1958-07-07; City Council; Minutes.. .> , ‘>a ‘i $6 ‘2
Manager. presented co~ies of. the ordinance to each of the members for
their review, and suggested the mattsr be taken up at a laher date.
b. mo - re - Gffice of Park Superintendent. The Council requested this
matter deferred until after the adoption of the butlget,
1- FYXANCE:
a. Sale of. surplus real property. The Council was informed this matter
was not urgent and could be discussed at a later date.
2- OLD CUSINESS:
a. Recommendation on ” rifle range requested by Army and Navy Academy.
At the previous meeting the Council had requested this matter be referre
to the Chief of Police for his recommendation and corments. The re-
commendation of the Chief of Police was read wherein he recoml;leided -that
a permit not be Issued for this location, as he had ma.de an inspection
of f;ilis area and it revealed that it would be unsafe to issue a permit 6or this location. By common consent of the Council the City Hanager was
instructed to inform Col. ijtlcinson of the recornmengation of the Cllief of
Police.
b. Second reading Ordinance No. 9089 - Rezoning I- X-2 to R-3. A second
reading w3.s given Ordinance No, 9089, changing certain designated proper
in the-City of Carlsbad from Zone K-2 to Zone I<-3. It was moved by Cmn.
Iielton and seconded by Cwn. Sonneman that Ordinance No. 9089 be adopted.
Five ayes, Ordinance No. 9C98 adopted.
3- ItTE’II‘ BUSIX‘ESS:
a. Discussion of 19.58-59 proposed budget. It was suggested that dis-
cussion of the budget commence at the adjourlled meeting of July 7, 1958.
b. Discussion of 1958-59 proposed pay plan. The City Xtkorney pointed
out that no pay plan had been approved and some action should be taken
before the next regular meeting of the Council. It was moved by Cmn. Lou
and seconded by Cmn. Ledger.wood that the City Employees be paid under
the present pay plan until further action. X11 ayes, motio’n carried. The
City Mangaer requested clarification as to whether tlleir action meant
continuation of the employees pay step increases, as t;h?re were some
employees schedu1G:d for step increases as of the 1st of Jul.y, 1958. The
Council agreed to the regular pay step increases.
4-r‘AYI” IIENT CF BILLS - KATIFIChTiGL OF PXYKOLL. Cwn. Sormeman moved authorizati of payment of bills from June 17, 1958 to July 1, 1958 in the amount of
$17,016.44 as certified by tile Director of Finance and approved by the
Auditing Committee. Seconded by Cmn. Ledgerwood. All a~7es, motion earrie
Cwn. Sonneman moved ratification of the payroll for the second half of
Juile, 1958, in tile amount or $9,132.17, as certified by the Direckor of
Finance and approved by the Auditing Cocmittee. Seconded by Cmn. Ledger-
wood. All. ayes, motion carried.
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5- ADJOUWWEST :
It was moved by Cmn. Lough and seconded by Cm.n. Iielton that the meeting
be adjourned to July 7, 1958 at 5:OO F.X. at the City Hall i\mleX. All
ayes, motion carried. The aeeting was adjourned at 12: 25 .4.FI.
Respectfully submitted,
City Cl erk.
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MIXUTES GF Ai)JUUR&\iED KEGULAR blEE‘1‘ING OF Ct’~RLSBA\U CITY CCUNCIL
July 7, 19 58
The meeting was called to cjrder- by Xayor Pro Tempore Lough at 5:07 P.K. Present besides the Mayor Pro Tempore were Councilman Helton and Council
Woman Sonnenan; City Manager Nezson, City Attorney Smith and City C1ei.k
Absent Nayor Baird and Cmn. Ledgerwood.
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llayor Pro
hold the c and asked
Tempore Lough announced that the purpcse of this meeting was to
:ontinuation of the hearing of IIEast Carlsbad Annexation KO* 2.1
the City Attorney to make a report of the proceedings as of the
present time. The City Attorney informed the Council the Writs of Prohib-
itions had been released and both. cities could now proceed with the annex
ation if they chose.
Cnn, Ledgerwood was present at 5:lO P.M.
In response to a question by the Mayor Pro Tern the City Attorney stated
that the Council was not 1egal.l~ compelled to exclude the 12 acres of pro
erty owned by the CSty of Oceanside that was within the area proposed to
be annexed; that the City Council could in their discretion exklude the
property or keep it in the area proposed to be annexed. It was the. opinio
of the City Attorney that the City Council could keep the 12 acres',in
the annexation, and that such would be legal, however, it was to bel recog
nized that the City of. Gceanside had threatened suit if the 12 acres re-
main in the area, and that if Oceanside were successful in such suit it
was possible that the entire annexation might be void. The City Atkorney
firther stated that before the Council could proceed with the annexation
there would have to be a failure to protest by more than 1/2 of the owner
of the privately owned property in the annexation area and also a failure
to protest of the owners of more than 1/2 of the gublicly owr;ed property.
The City Attorney explained to the Council the procedure to be followed,
evidence required to be presented at the hearing, and the manner of hand-
ling protests.
After a thorough discussion among the members of the Council, Mayor Pro
Tem Lough. declared the public hearing open.
Plemorandum dated April 11, 1958 from the City Clerk that the area propose
to be annexed is uninhabited was read. The memorandum was a ccepted by the
Council and ordered to be filed as a part of this armexation proceedings.
The City Clerk testified that he had vien the following notices:
1. That he had mailed a written notice of the proposed annexation
to each person who owned land witilin the territory proposed to be annexed as such 'owners were shown on the equalized assessment roll of the County
of San Diego for the 1957-58 fiscal year; khbt such notices were mailed
to such persons at the address shown on the said assessment roll;. and
that such notices were mailed on OT before the 21st day of April, 1958.
2. That he had mailed writ'cen notice of the proposed annexation to
the fol.lowing governmental agencies within the area proposed to be annex-
ed, which agencies are as follows:
State 'of California, Division of Highways
Board of Supervisors of the County of San Diego
Carlsbad Union School District
Tri-City Hospital District
Oceanside-Carlsbad Union High School District
Carlsbad Municipal Yater District
Carl.sbad Municipal h'ater Improvement District No, 1
San Diego County Water iluthority
Metropolitan :dater District Agua Buena Soil Conservation District;
that such notices were mailed on or before the 21st day of April, 1958,
3, That he caused notice of the proposed annexation to be person-
aLly served upon the City of Oceanside by serving a copy of Notice of
Proposed Annexation upon Tom Lapham, City Clerk of the City of Oceanside, with such notice being personally served on the 21st day of April, 1958.
4. That notice of said proposed annexation was published in the
Blade-Tribune and the Carlsbad Journal on April 24, 1958 and May 1, 1958,
Affidavits of Publication were submitted to the Council for their review,
The Mayor Pro Tem directed that the written protests be read. The follow-
ing written protests were presented:
1, Written protest dated May 21, 1958 from the Ocean Vista Heights Development Co., Ltd. signed by James H. Cornell, Jr., owner of approxi-
mately 12 acres of land lying within the area proposed to k e annexed.
The City Attorney asked the City Clerk whether or not this protestants name appeared as a owner of property within the are proposed to be annex1
on the last equalized assessment roll. of the County of San Diego. It
was announced that such person or corporation did not appear as an owner
of property within the area proposed to be aanexed upon the last equalized
assessment roll.
The City Attorney informed the Council there was no description of the
property in general terms in the protest.
PX. GLEXX FEAST,, Attorney at Law, stated he represented Ocean Vista Heights
Development Co. , Ltd. , and he felt the Council was perfectly aware of what
12 acres vas intended and further that the 12 acre piece has now been trans
ferred to the City of Oceanside.
The Ckty Attorney advised that the City Council reject the protest for
the reason that the protestant does not own property within the area
proposed to be annexed, either as shown by the last equalized assessment
roll or a point of fact; chat a second reason for objection of protest
was for the reason that the protest contained no adequate description of
the property owned by the protestant. it was moved by Cwn. Sonneman Chat this protest from the Ocean Vista Heights Development Co. , Ltd., be re- jected. Seconded by Cmn. Ledgerwood. Four ayes, motion carried.
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2.. Written protest dat,ee June 2, 19.58 from the City of Oceanside,
signed by Dale AuStin as City Attorney was read. The City Attorney an-
nounced that he had examined the protest from the City of Oceanside and
found it to be in proper form. It was moved by Cwn. Sonneman that the
protest from the City of Oceanside be received and filed.' Seconded by
Cmn. Ledgerwood. Four ayes, motion c.arried.
3. Written protest dated June 2, 1958 from John A. Steiger, authorized
agent for Laura M. Steiger, owner of ,approximately 95 acres df land, was
read. Mayor Pro Tern Lugh inquired of the City Clerk if iToh11 Steiger was
the owner of property on the last equalized assessment roll, The City Clerk testified that the owner of this described property according to the last equalized assessment roll was Laura ??. Steiger.
NR. FEIST, Attorney at Law, stated that he represented John Steiger and
that Laura ?f, Steiger was the mot!ler of John Steiger.
The City Attorney commented that the City Council should use every indul- 1
gence to receive protests, even titough it might not be acceptable for
property transfer purposes. It was moved by Cwn. Sonnernan and seconded by
Cmn. Ledgerwood that this protest be received and filed. Four ayes, motion
carried.
Nayor pro tern Lough asked if there were any oral protests.
dk. 1.1 > FEIST, Attorney at Law, representing Ocean Vist Heights Development
Co., Ltd,, stated that he was hopeful that the 12 acres owned by the City
of Gceanside would not be annexed by the City of Carlsbad, as his client
was prepared to build sewage treatment plant on that particular site and
that Carlsbad and Oceanside should attempt to work out their differences
amicably, but that is the City of Carlsbad annexed the 12 acres owned by
the City of C'ceanside it would force Oceanside,. and also his client to do
one of two things; either sue the City of Carlsbad to invalidate the annex-
tion, or to build their sewer plant within the City Gf Oceanside. Mr.
Feist further stated that even ti:ough Mr. Austin, City Attorney of Oceansid
was not present, he felt Mr. Austin would j4in in with him in iiis comments, that probably Mr. Aubtin's absence did not indicate lack of interest in his protest for the City of Oceanside but was probably due to the fact, that he did not know that this hearing was being held. Mr. Feist stated that he
was present at the original date of hearing, and at each continuance thereafter, th?refore, he was fully advised as to the date of hearing,
but that Mr. Austin had not been present at any of the times when the
hearing was continued and that was probably the reason why he is not pre-
sent bonight. Mr. Feist further stated that he would be willing to answer
any and all questions the Council might wish to ask regarding the proposed
sewage treatment plant.
Mayor Lough Pro Tea asked the estimated cost of effluent water per acre? Feist stated that he did not know,
Kayor Lough Pro Tern asked if there is a contract for the sale of efrluent
water?
Mr. Feist stated that there was a contract with the Ocean Vista Lands,
and a proposed contract with Sonja Heini for some of the effluent water,
but that he did not know the details.
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Cwn. Sonneman. asked why did Oceanside jump in and take over the owner-
ship .of this 12 acres? Mr. Feist stated because his client had worked
out this plan for Oceanside.
Mr. Feist stated there should be a gentlemen's agreement between the
City of Oceanside and the City of Carlsbad that Vista Way be the bound- ary line between the two cities.
Mayor Pro Tem Lough stated that the gentlemengs agreement was broken
when Oceanside went ahead with their hearing.
After having received all oral protests the Mayor Pro Tern asked the City Manger to present evidence as to the value of the publiczy owned propert Mr.' Nelson Oestified that since the publicly owned' property did not
appear on an eqyalized assessment roll that such figures were not avail-
able and that the City Council should determine the values of publicly
owned property for protest purposes. Mr. Nelson testified that the value
of the approximate 12 acres owned by the City of Oceanside had been
given an assessed value on the last equalized assessment roll in the
amount of. $300.00, which, amounted to .$25'.00 per acre., Mr. Nelson further
testified that.' within the area proposed to be annexed there were approx.
imatley 4.8 acres owned by the County of San Diego, which if valued at
$25.00 per acre would have a total value of $120.00; Mr. Nelson further
testified that the State of California, Division of Highways owned with-
in the area proposed to be annexed a total of 39.5 acres, which if value at $25.00 per acre would have a total value of $987.50. It was moved by
Cwn, Sonneman', and seconded by Cmn:; Ledgerwood that the value of the pub- licly owned property included property owned by the City of Oceanside,
County of San Diego and State of Calfpirnia be fixed for protest purposes
in the amount of $1,407.50. All ayes, motion carried.
Mr. Nelson next testified that the value of the privately owned property
within the area proposed to be annexed as shown by the last equalized
assessment roll was in the amount of $26,770.00, and that the property
owned by Laura Ei. Steigeii, the sole protestant of privately owned prop-
erty , had a value as of. the last equalized assessment roll of $1,600.00 Mr. Nelson further reported that the persons who informally requested
the City to initiate annexation proceedixs represented $21,180.00 of
assessed valuation as shown on the last equalized assessment roll.
The City Attorney announced that based upon the testimony of Mr. Nelson
there was not a majority of protests by either publicly owned property
'owners or privately owned property owners, and .the Council could proceed at their discrebion to adopt-. an.ordinance to annex the entire area, or
they could adopt an ordinance disapproving the annexation in its entire9 or they could move to exclude the 12 acres owned by the City of Oceansid
and aesubmit the changed boundary to the County Boundary Commission.
The Council asked if they aldopted an ordinance to annex this proposed' ar
when would it become effective, The City Attorney atqted that if there- was no urgency the Council could give a first reading at the date of thi meeting, after which the ordinance would take effect on the 31st day aft
the last reading; or i€ the Council found an emergency to exist the ordi
ance could take effect immediatly. Mayor Lough Pro Tern inquired of Mr.
Nelson whether or not any urgency existed, and Mr. Nelson stated that it
would be most difficult to budget for the area proposed to be annexed,
as t'he proposed budget had .only been submitted to the Council, and that if it were not to take effect immediately the, area might be totally de-
prived of municipal services during the next fiscal year; Mr. Nelson
further stated that the State Division of Forestry, which had given the area fire protection, ceased rendering fire services front its Carlsbad
Station on July 1, 1958, and that the only fire protection available to
the area would now come from La Mesa, 50 miles away; Mr. Nelson also
stated that the area is presently unzoned and that ny property owner
could use his property at any .time before the effective date of brdinanc
for purposes that would be contrary to the usual zoning laws of the City
of Carlsbad, such as drag strip racing, uncontrolled industrial uses, an
other undesirqble land uses, and that if such uses were commenced prior to. the effective date the City of Carlsbad would have to live with these
vested nonconf orrning uses.
The Council asked if we could exclude .this 12 acres at a later date.
The City Attorney stated that. if you chose to annex this area at this time you could not later exlude it, however, coterminous boundaries
between cities can be easily changed, as has been done in the past by
the City of Oceanside and the City of Carlsbad.
Mayor Fro Tern Lough declared the public hearing closed at 6:30 P.M.
I& ,,w bb
The Mayor Pro Tem next asked if the City Attorney had a proposed ordin-
ance ready for the annexation of the entire area with an emergency i8fec-
tive date.. The City Attorney stated he had a draft of proposed ordinance No. 1058; the title was read trnd the City Attorney summarized and explained
all the provisions of each section of the pr-oposed ordinance No, 1058.
Cmn. Helton stated that in view of all the arguments pro and con he felt that the Council had a duty to perform and he moved that the City Attorney's summary and explanation of the ordinance consti-tute a reading in full of
Ordinance NO, 1058, hhht Ordinance No'. 1058 be adopted, and that Ordinance
No. 1058 be attached hereto, and made a part hereof;' as if fully set forth
herein. Seconded by Cwn. Sonneman. Four ayes, Ordinance No. 1058 adopted.
Mayor
Baird, tender
Lough Pro Tem read a memorandum dated July 7, 1958 from David E,
Mayor of the City of Carlsbad, wherein he stated he wished to
1 his resignation from the City Council, and that it become effect-
ive immediately. Cmn, Helton moved that the letter of resignation be. accepted and that a Resolution of Appreciation be sent to David E, Baird,
Seconded by Cwn. Sonneman. Four ayes, maGion carried.
It was moved by Cmn. Helton and-seconded by Cmn, Ledgerwood that this meeting be adjourned to 7:30 P.M. All ayes, motion carried. The meeting
was declared adjourned at 6:35 P.M.
Respectfully submitted, - .
Deput? City Clerk """-__-_""-""""-~"~""""-~
MINUTES OF REGULAR ADJOURNED MEETIEJG OF CARLSBAD CITY COUNCIL I
July 14, 1958
The meeting was called to order by Mayor Pro Tempore Lough at 7:05 P.K.
Present besides the Mayor were Councilmen Ledgerwood and Helton, and
Councilwoman Sonneman; City Clerk Price, City Manager NeMon and City I
Attorney Smith,
Invocation was offered by T. Bruce Smith, City Attorney.
ApDointment of Councilman. Mayor Pro Tern Lough announced that on the advice
of the City Attorney it was imperative that an appointment be made to replac
Councilman. Baird, who had resigned, ~nd.t~at:.nomi-pations were now open for
this replaEement. Cmn. Helton opened the nominations by stating he would
like to place before the Council the name of a man who had been past Pres-
ident of the Cham.ber of Commerce, Past President of the Carlsbad Mutual Water Company, President of his own company, and who had had approximately
two years' experience as a member of the Council - R.R. Robinson. Cmn.
Ledgerwood stated he would like to place in nomination a man who had had
experience on the City Council and was highly regarded by the Council with
whom he served, the name of George A, Grober. Cwn, Sonneman moved that the nominations be closed , Seconded by Cmn. Ledgerwood. Mayor Pro Tem Lough stated that both men were highly qualified: roll call vote for R. R. Robinso
wa]sCmn. Helton, "aye", Cmn. Ledgerwood, Lough and Councilwoman Sonneman
"no". Roll call vote for George A. Grober was Cmn. Ledgerwood, Cmn. Lough
and Councilwoman Someman, "yes", and Cmn, Helton, llnoI1, Mayor Pro Tern Lough
declared George A,. Grtiber as the new Councilman.
It was moved by Cmn. Helton and seconded by Cwn. Someman that a short r-er
be declared in order that Mr. Grober could be notified and attend the meeting, All ayes, motion carried,
The meeting res reconvened at 7:24 P.M.
Mr. Grober was present at 7:24 P.M. The Oath of Allegiance was admin-
istered to Mr. GroQer by City Clerk Price. Mr. Grober was duly sworn in.
as a member of the City Council to fill the unexpired t erm of David E.
Baird, terminatin.g the second Tuesday in April, 1960.
Selection of Mayor and Mayor Pro Tempore. 'Mayor Pro Tem Lough announced that
nominations were open for the position of Mayor of the City of Carlsbad.
Cwn. Sonneman placed the name of Carl G, Lough for Mayor. It was moved by
Cmn. Ledgerwood and seconded by Cwn. Sonneman that the nominations -be
closed. Roll call vote: Cmn. Ledgerwood, Cmn, Grober and Cwn, Sonneman votir
"aye", Cmn. Helton voting ltno'l, and Cmn. .. Lough abstaining. Carl L. Lough
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