The URL can be used to link to this page

Home My WebLink About1977-06-07; City Council; 4040-1; Problem Beach Access - 2445 Ocean Avenue- CITY OF CARLSBAD I. 4040 - Supplement No. 1 AGENDA BILL NO. "" DATE : June 7, 1977 DEPARTMENT : City Manager Initial : Dept. Hd , & C, Atty. /s/ C. Mgr. 's / Subject: PROBLEM BEACH ACCESS - 2445 Ocean Avenue Statement of the Matter 'At. the December 21, 1976 Council meeting, the Council directed staff to look into the availability of additional land for wider' access in the subject area and report back. The staff report. is attached, Since that time Mr. L. B. Hanlin, owner of the adjacent property, has been subjected to increasing vandalism and staff closed the access as a temporary measure. Exhibit Memo to City Manager from Assistant City Manager dated 6-1-77, Lett.er from Mr. W. D. Campbell dated 5-25-77 Letter from Mr. L. B, Hamlin dated 5-4-77 Resolution No, 4069 Recommendation . If Council concurs, adopt installation of an 8 foot of approximately $1,750. Resolution No, 4069 , approving the heavy duty chain link fence at a cost Council actiin .. 6-7-77 Staff was instructed to contact 19r. Hamlin to see if he would be willing to participate in the construction of the fence. Q DATE : JUNE 1, 1977 TO : CITY MANAGER FROM: Assistant City Manager SUBJECT: PROBLEM BEACH ACCESS - 2445 Ocean Avenue At the December 21, 1976 Council meeting, staff brought the subject problem to the attention of the City Council. Mr. L. B. Hamlin, owner of the property adjacent to the City owned easement, has been the victim of ongoing vandalism over a long period of time, At the December 21, 1976 Council meeting, staff was instructed to look into the availability of additional land for wider access and report back. Contact was made with Mr. McMahan, owner of adjoining property, and dis- cussions held with Mr. William Campbell, Attorney and partner of Mr. McMahan, requesting an additional 12 feet of property. Subsequently, a letter was received from Mr. Campbell declining to consider additional donation of land and setting forth the reasons. Recently, the vandalism problem became so acute on Mr. Hamlin's property that staff closed the easement to public access to provide some temporary relief until some decision can be made. Staff will again be recommending that an 8 foot chain link fence be constructed along the south edge of the easement adjacent to 2445 Ocean Avenue which will prevent people from jumping the low fence presently there. Additionally, staff recommends that funds be budgeted to construct concrete steps and fencing,including an overcage, from Ocean Avenue to the beach. The approximate cost of this would be $25,000. f WILLIAM C. BALDWIN Assistant City Manager WCB : ldg May 25, 1977 Mr. William C. Baldwin Assistant City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Baldwin: I appreciated the opportunity to discuss with you the beach easement between the home of Mr. L. B. Hamlin and property to the North owned by Sun Invest- ment Company. At your request, I will briefly summarize our comments. Historically, the.dedicated 13' easement was recorded as a prerequisite to the development of the property by a previous owner. When McMahan's pur- chased the site, we were notified by the City and the Granville Park Property Owners Association that all parties wished to open a beach access. We cooperated fully with both the City and the Association by not only accepting and opening up this easement, but also paying for the required fencing and using an entrance design acceptable to both the .City and the Association. In reply to your request for an additional dedi- cation of 12' of frontage property, it is our feeling that the problems and restrictions which will be faced when the property is developed preclude us from grant- ing your request. It seemed to me that your suggestion about placing an 8' chain link fence along Mr. Hamlin's North property line restricting access -to private pro- perty from the current easement would help aliviate Mr. Hamlin's problems. .I ,. Page Two May 25, 1977 You mentioned the possib3lity of requesting an easement over the lot in. a different location. I have attached our boundary adjustment map which shows that any such easement would act to split the lot into two parcels by curtailing access to the front of the pro- perty (west) from the Mountain View Drive entrance (east). This would severly effect any future devel- opment of our property. While this letter only covers part of our discussion, I believe this summarizes our position. Please contact me if you wish any further information. Sincerely, WDC/dw enc . William D'. Campbell 4 *. kTe+ ~wzainrm ef Curlabad twwi.~ . .I. (J r"R3.q.. 4 I T ;I * 94 ' %?QL '., . *bsar ~"-1'. wrrc~p: urd/= a. Ceuncihent ',I k please let ne iatretluce qse~, I am e. 'ti B,'~in and 01ll the prom at 2445 C ma Sfaet CarhWW $allfernia. ~ I" * - t&' . ." *- "_ . .e ** .?-*-- P 1 ~aa, tt,c city if -law, bve the eaaersnt to tie wean on the l~esrt~ a~e, c 4 1 t ., and ttst psz%imi&z ea8e.snt 18 in peer emidition, up and dom it, the only usage me111 te be Pen. the rough heh. n'ked Isradiate attention and net discasded to the battor of the agenda, Please note gentlemen, the ebin link fenee on @ne side was added in July 1975 by tho City andor prrrrit pr2618, Thlu~prtioplaP oakemont ahould be wider, put underground or orge over it to keep the (roryh bugah) Fro. jumping onr fsnoe and laobind; is our windows. They stmd In the easement far a half hem at a time and look, &mustalra rjla loaated next to the earenat has been robbed three tin.. If yop qusatlen tt, please oheck the poliqe recards. televlaiaa, patlF-fqn&,ture aad aaytbiry they aan get their brndo ea, also stole 9 little Si- Temier which coat ae $100.00 to get hi. baak, no (ue@timu a.ksdl. ad CWI". and te pat out two flrea on the boaah, hthermors, km.?raased aad me tu8 my rife; by the tire wa cou the police, they am gem, bttrroom rpd way ot&r thing., Anether tu* far the mcord gentlemen, the& us na rtrest lightr at all ob this end of Oa-n Street, nat te mention no fload~llgktt on tkm ease.cbllt rt all, public amma should bve; ruoh am, toilets, trash cans, pat;tolliag of amat especially en wseekend6, inaluding dog aatcher, eta,, then I suggest geatlersa, the City of Carl8W mfomo and abide by lars that govern 8pich a publio area, I wdd like to poiht out,that y property gee8 to "Moan Iligb Tide' ad this wfll be adherad to, this is public and net a private area). Unleas thi8 Is n& clearly pmtd md mfutced, the so call publia will next sit an out patio usd feel the entln area ir pbllo. clelsgatea , I wad Us tm uk, why mot thio easement be closed &til Mchhm builds .nd then barn fri. put it underground befms getting a pcmlt? If you arm going to keep tho eamment open (to the prblio) then my Z uke a few rugqclsli&rs Older peaple mot get This doe6 , . c I ' Tho apwtmmt They hare taken flower pato, f brvo had the pollee out mmy t%laes in 1976 and it i8 rkrt- I* They I. ,. . ing in 1m. A8 namt a6 A@l 24tb, Wain 1 bd to a811 then to mrQW pk- tearunt haa barn This coatinma ed a dally basia. Peaple ohanging their ulothsr, go te the '4 We do gentlsrea hare 80~e hum right6 ai well. t Ix If this eaaeaent (mpposdly pablia) ha6 not net certarln reqtdmmnt8 that 8 (Tho rough,buhoh 8eem to thllrk they owa the ?each; that Obrietmly, enforcement in this area has not been prr0peri.y L I i '" , 1 L *' P. 3. AB an add interart9.M note gentlemen, irsnioly y tsxor ham been rslred $20,800.~. How 1 w%k ym? Doer thir not qualify fer aity rt-t lights???? i. .. *' I. . i .*i I. 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 19 2c 21 22 22 24 2E 2E 27 2E - RES0 NUTION NO. 4969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY ACCOUNT TO THE UTILITY/MAINTENANCE ACCOUNT. BE IT RESOLVED by the City Council of the City of Carlsbad 1s follows: 1. That the transfer of one thousand seven hundred and fifty lollars ($1,750) from the Contingency Account to the Utility/ laintenance Account for the construction of an eight-foot heavy luty chain link fence on city owned property. 2. That the Department of Finance Request for Transfer of kppropriation No. 15 is on file in said department and incor- )orated by reference herein is approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council on the day of , 1976 by the iollowing vote, to wit: AYES : NOES: ABSENT : ROBERT C. FRAZEE, Mayor ITTEST : 4ARGARET E. ADACI'IS, City Clerk (SEAL) 0. S. ANDREASEN ARTHUR E. GORE RUSSELL W. GROSSE DAVID R. THOMPSON RALPH L. WILLIAMS JAMES E. BET2 JANET BLEDSOE LACY ANDREASEN, GORE, GROSSE & THOMPSON ATTORNEYS AT LAW 804 THIRD STREET OCEANSIDE, CALIFORNIA 92054 Carlsbad City Council 1200 Elm Avenue Carlsbad, California 92008 June 1, 1977 P. 0. BOX 299 AREA CODE 714 TELEPHONE 722-1234 Re: Agenda Item Scheduled for June 7, 1977 Respecting Beach Access at 2445 Ocean Avenue, Carlsbad, CA. Dear Mayor Frazee and Council Members Skotnicki, Casler, Lewis and Packard: I am informed and believe that the above-referenced matter is scheduled for your consideration on June 7, 1977, and further that City Staff has recommended that the City expend $1700 to construct a chain-link fence on the south side of the access in question. attend a seminar in San Diego that evening, I wish to take this opportunity to express my concern over that recommendation. While itwill probably be necessary for me to To begin with, you should be advised of the fact that my family and I attempted to use the access in quesion Qn Memorial Day only to be told by the apparent owner of the residence at 2445 Ocean Avenue that "the State" had blocked it off because of erosion problems. Notwithstanding dismay, I used the next exit to gain public right-of-way (approximately four blocks south) and decided to check on the matter the next day. I should point out that public usage wf the bdch was largely confined to-that area between Tamarack Avenue and the access area we used. There were no more than ten persons using the beach between the access my family used and the access under consideration. After checking with "the State" Tuesday, I was informed that "the State" .knew nothing of the blockage and that the City of Carlsbad controlled the access in question. After checking with the City, I ascertained that the property owner in question had experienced some difficulties and was requesting that the City build the above-referenced chain-link fence. While the evidence is circumstankial at best, I can only conclude that the owner of the premises at 2445 Ocean Avenue trespassed on public property and thereafter liberated it for his own purposes. . . .-- I Carlsbad City Council June 1, 1977 Paqe Two Re: June 7, 1977 Agenda Obviously, I am somewhat dismayed over this problem. I do not feel that the taxpayers of our City should be paying $1700 for a fence essentially designed to protect prthvate property with a value of at least $250,000. Nor do I feel that it is proper for the City to reward those who trespass on public rights. Your thoughtful consideration is appreciated. I will be present if possible. DAVID R. THOMPSON DRT : cc