HomeMy WebLinkAbout1969-03-18; City Council; Minutes.. . . CITY OF CARLSSAD e
Meeting of: CITY COUNCIL (Regular meeting)
Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers
e Date of Meeting:. March 18, 1969 -.
ALLEGIANCE to the Flag was given '
APPROVAL OF MINUTES:
(a) Minutes of the regular meeting held March 4, 1969 were approved as presented. I CORRESPONDENCE:
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[51 1 (a) May Company Department Stores-extending gratitude and thanks to Carlsbad. Fire Department. A letter was -read from the May Company dated March 5, 1969 expressing their gratitude and thanks to the Fire Department .for their prompt response when a sprinkler main burst at the Plaza Camino Real.
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[91 ] (b) Carlsbad Optimist- Club extending apprecia- tion for assistance towards baseball field. A letter was read from the Optimist Club dated March 6, 1969 extending their appreciation for helping make Carlsbad's new baseball field at the Pine Avenue School a reality.
[lo51 (c) U.S. Post Off.ice Mayor Dunne read a letter from Congressman Utt dated March 12, 1969 regarding the site selection for the new Carlsbad Post Office. Mayor Dunne expressed his appreciation to Cmn. Jardin
District Action Commission in helping to obtain a
Post Office befitting tbe City of its potential.
the Planning Department and the Central Business
ORAL COMMUNICATIONS:
There were no oral communications.
COMMITTEE REPORTS:
Councilman McComas reported:
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[ 281 Water Systems Improvement Committee. The Committee met yesterday afternoon and the water rate increase was discussed. The Committee was advised by the financial consultants that before they can sel bonds, they must increase the rates in order to cover bond payments as they become due, and the rate in- crease should precede the sale of bonds by 2 or 3
months. By an unanimous motion, it was recommended that the water rates be-increased on an overall basis by 30%. Further, it was the opinion of the Committee that we should not use the money from the sale of water property, such as Calaveras Lake to retire the present bonds but that the monies be used to .reduce the amount of bonds we should sell at this time.
Councilman McComas also reported on the Planning
Commission meeting held on March 11, 1969.
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Counci7man. Jardine reported:,
[ 281 Finance and Audit Committee. The Committee will -be meeting regarding their recommendations for the
.[ 691 Parks and Recreation Commission. The Commission
is busy trying to identify a Recreation .Director for
the summer program..
Councilman Castro reported:
[ 341 Chamber of Commerce. In accordance with Cmn.
Castro's recommendation, authorization was given for
reimbursement of expenditures made by the Carlsbad
Ayes , Chamber of Commerce in the amount of $2,013.20.00. Motion
[ 281 Clean up Program. Mayor Dunne requested Cmn.
Castro to organize a clean .up program with the City again this year.
Mayor Dunne reported:
[ 281 Central Business District Action Commission
Meeting March 6, 1969. The Commission is proceeding
on a general plan for the downtown area, as well as
parking facilities.
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I [ 371 Mayors' Meeting At the Mayors' Meeting they
indicated that the- League of California Cities will I
be more of a workshop type meeting and that social- I
izing will be at a minimum, except for the May meeting which will be held in Carlsbad and the summer meeting that will be held in Del Mar.
I PUBLIC HEARINGS: I
[I131 (a) Request for zone 'change from R-1 to R-2 on property located on the Easterly side of Garfield
St. between Chinquapin Ave. and Date Ave. Applicant:
Charles and Virginia Raleigh, et al.
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Mayor Dunne opened the public hearing, and the Clerk
presented the Affidavit of Publication.
The City Clerk stated that no written communications
had been received.
Mrs. Virginia Raleigh, 3564 Garfield, addressed the
Council and stated that they were the applicants and would Ii ke to build a d~uplex on the property.
As there were no other persons present desiring to
speak, the Mayor closed the public hearing with the
unanimous consent of the Council.
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Resolution No. 1596. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF-ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD
and further reading wa'ived.
Ordinance No. 9229. AN ORDINANCE OF THE CITY OF CARLSBAD AMEN'DING ORDINANCE NO. 9060 CHANGING CERTAIN DESIGNATED PROPERTY FROM ZONE R-1 TO ZONE R-2, was
Ayes given a first reading by title only. 'Motion
[113] (b) Request for specific plan and zone change
from R-A-10,000 to C-2, for property located on the Southeasterly corner of Palomar Airport Rd. and \
Mayor Dunne opened the pub1 ic- hearing, and the Clerk presented the.Affidavit of Publication.
The City Clerk presented a letter from the Division of Highways dated March 12, 1969 stating that they had no route studies at the present time which would effect this property.
As there were no persons present desiring to speak, the Mayor closed the public hearing with the unani- mous consent of the Council.
Ordinance No. 9230. AN ORDINANCE OF THE CITY COUNCIL OFLSBAD, ADOPTING, A SPECIFIC PLAN OF
PROPERTY LOCATED ON SOUTHEASTERLY CORNER OF PALOMAR AIRPORT ROAD AND LOWDER LANE was given a first reading by title only.
Resolution No. 1597.A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD. ANNOUNCING FINDINGS AND
DECISION REGARDING CHANGE OF ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM ZONE R-A 10,000 TO ZONE C-2, was adopted by title only and further reading waived.
Ordinance-No. 9231. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSIFYING
EASTERLY CORNER OF PALOMAR AIRPORT RD AND LOWDER LANE, was given a first reading by title only.
ENGINEERING:
FOR C-2 PURPOSES, ON PROPERTY LOCATED ON THE SOUTH-
.[ 991 (a) Review of the requirements relating to the tentative map for Rancho Carlsbad Mobile Home. The City Engineer addressed the Council stating that the Engineering Department had received a letter' dated March 14, 1969 from the Western Land and Development
Motion Ayes
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Corporation regarding the Rancho Carlsbad Mobile Home Park requesting certain variances from the Planning Commission.
Mr. Dawson and Mr. Schwab were present and discussed the flood control channel, sanitary sewer and street improvements on El Camino Real. They felt that the requi.rements should not be set up as a subdivision as they were not subdividers.
The complete sales package for one year implies a
generated sales income within the City limits of Carlsbad of 12 million dollars. They stated that the average sales price was $20,000.. per mobile home or a total sale of $10,000,000.00 bringing the city sales tax to $100,000.00 plus $25,000.00 sewer connection fee.
In view of the above they requested the following variances :
1. That the Council approve a 50 year storm criteria and grass lined channels to provide rural rustic beauty along with safety.
2. They will install sewer collection laterals within the mobile home park and will discharge to the Cit sewer at one or two points, but did not feel they should be required to extend the City sewer main .to the entrance of the Park on El Camino Real in view of the connection charges which are $50.00 per space or $25,000.00 and the annual use charge of $4.80 per space or $2,400.00 per year. They requested that the City assume the cost of the off site sewer line to the entrance of the park. Mayor Dunne asked the City Atto'rney what the City's liability would be if the mobile homes were flooded, and he stated the City would not be
a satisfactory drainage.
3. That the City install at its cost curb, gut,ter and additional paving to join to the City, County and State Project. They understood that the El Camino
to a 78' paved width on a 106' right-of-way, and they propose to dedicate, at no cost to the City,
the additional width required to widen the right- of-way to 106 feet. They will install the landscap and sprinkler plan between the curb line and their property line and maintain same in lieu of the sidewalk. They further plan to install a masonary
~ Real will be repaved under a City-County project
They requested that the City Council approve the I single lot subdivision map showing boundaries, pro- ,'posed road and drainage channel alignments.
The Council agreed to accept and adopt the 50 year
criteria for the storm drain, that the normal street
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t improvements for El Camino Real be required, and the sewer requirements be worked out -between the develop er and the staff, and a report submitted to the City Council. Further, that the Council would accept a future street improvement agreement for the street
El Camino is improved. 1 improvement of El Camino Real, until such time as
.[ .gig (b) Petition to.improve Hoover Street. The City Council approved the petition included in the memo
improvement of Hoover Street between Adams Street and Agua Hedionda Lagoon which was signed by 90% of the property owners involved.
[ 971 (c)' Pro-posed alignment of Jefferson Street. The City Council approved the.proposed alignment of intersection ,of Jefferson Street and Marron Road as described in the letter from the City Engineer dated March 12.
from the City Engineer dated March 7 requesting an
[ 991 (d) Approval of final map for Terramar Unit #7 subdivision. The final map of Terramar Unit #7 sub- division was approved and authorization given for the Mayor to execute the subdivision agreement, and the lot split improvement agreement for the remaining portion of the property included in the subdivision.
PLANNING:
[ 331 (a) Approval of agreement authorizing State Department of Finance to assist with census taking. The City Planner introduced an agreement authorizing the State Department of Finance to assist with census taking together with a sample questionnaire that will be used in connection with the census. Mayor Dunne
questioned as to when this would take place and who would be doing the census taking, and Mr. Olinghouse stated the census would sta.rt April 14 and should be concluded by June 10. The City will hire approxi- mately 22 people to do this work and the State Department of Finance will supervise the enumeration. Discussion ensued and the following resolution was presented:
Resolution No. 1598.A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, AUTHORIZING CITY MANAGER
TO EXECUTE AGREEMENT BETWEEN CITY AND STATE TO CQNDUC SPECIAL CENSUS, was adopt'ed by title only and fui-ther reading waived".
NEW BUSINESS:
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: [86 1, (a) Request for permission to invite SJM Fiesta Shows to appear in Carlsbad-Carlsbad Junior Chamber of Commerce. Permission was given to the Junior .Chamber of Commerce to invite the SJM Fiesta Shows
.. . to,appear in Carlsbad June 11 thru June 15 as request- @ '' ed. in fhe.ir letter dated March 6, 1969 subject to the site being selected and presented to the City Council
Motion for approval. It was further agreed that thewbusiness
\ Ayes license fee. would be waived.
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[1,1$]. (b) Petition re: Protesting rezoning of certain lots on Garf'ield Street to R-3. The City Clerk presented a petition signed by 1.5 property owners, protesting the rezoning of certain lots on Garfield Street. Will'iam Chadbourne-3.940 Garfield and Pete
Corsentino,, 3960 Garfield were present and protested to the zone.change on the grounds that it was spot
- zoning. Cmn. Jardine requested that the City Attorn .explain the.procedure involved in the petition and what has already happened. -The City Attorney ex-
is the last time that the Council considers it, and the ordinance becomes effective 30 days after its ad tion The o.nly way that it can be changed is by a
city-wide referendum which requires a certain per- centage of signatures.
,plained that the second reading of the ordinance
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Mr. Olinghouse was then questioned as.,to whether
he felt this wa.s a good zone change. H'e stated he did not feel that this was in co'nflict with the general plan and did not consider it a. bad or detrimental zone change.
Mrs. Virginia Thrasher of 3931 Garfield then address- ed the Council, protesting to the zone change. Her primary concern was the traffic problem that may be involved.
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Mayor Dunne asked. that a chec,k be made into the traffic circulation in that area, and that the engin- eers make a study and prepare, several sketches as to escape routes. - --.. --.
The City Council accepted the petit-ion and..ordered
it filed.
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[ 911 (c) Approval of agreement .between Carl sbad Union School District and City re: Use of baseball
.playing field. The City Council approved the agree- ment between Carlsbad Union School District and the City of Carlsbad dated February 24, 1969, concerning use of baseball facilities and authorized the M'ayor
Ayes and City .Clerk t'o sign the agreement. Motion
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[ 1121 (d) Removal of abandoned cars - re: Charles Dix and Geraldine Harrisburg.
The certified copy of the public hearing on this
matter marked Exhibit '"A" are attached hereto and made a part.of these minutes.
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[ 461 (e) Carlsbad Union School District-re: Request for crossing guard at Magnolia School. The City Council agreed that a crossing guard should be pro-
l vided in front of Magnolia School as requested in
~ the letter from Jean Thibault, Principal Magnolia School dated March 11, 1969. .Further ,-that the matter be referred to the Traffic Safety Commission for their study and recommendation.
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Motion Ayes
RECESS :
At 9:45 Mayor Dunne requested a recess. The regular meeting reconvened at 9:55.
OLD BUSINESS :
[ 721 (a) Resolution No. 1594., establishing passenger loading zones on portions of Chestnut Avenue and
ing resolution as recommended by the Traffic Safety Motion
Commission: Ayes
Resolution No. 1594'. A RESOLUTION OF THE CITY COUNCIL
ING ZONES ON PORTIONS OF CHESTNUT AVENUE AND MONROE STREET, was adopted by title only and further reading waived.
.. Monroe Street. The City Attorney introduced the follocr-
OF THE CITY OF CARLSBAD ESTABLISHING PASSENGER LOAD-
[log] (b) Request for future street improvement agreement re: Eymann Lot Split. Cmn. Neiswender
stated he had requested this matter deferred until this meeting in order that he could make an on site inspection of the property. It was his recommenda- tion that curb, gutter and sidewalk be insta1le.d on Parcel #2 and that the pavement be constructed on Beech Street and Carlsbad Blvd. up. to the existing pavement.
Mr. Harry Truax, representing the applicant, inform- ed the Council a portion of Parcel #2 was covered by an approved lot split in 1956. A portion of the property where the apartments are located was separ- ated by deed in 1959 and no lot spl it was filed at that time. WhebMr. Eymann wanted to sell the apart ments the purchaser wanted an additional 5 feet, therefore, he was required to apply for a lot split. This request is actdally a boundry adjustment.
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Mr. Eymann adqressed the Council and stated he would
be happy to sign a petition under the 1911 Ac.t Pro- ceeding for the improvement of Carlsbad Blvd. They are willing to put in the sewer line and street im- provements in Beech Street. These improvements will amount to a considerable cost as they will recei've very little monetary help on the sewer line.
'Considerable discussi.on ensued and it was agreed that
improvements be constructed on that portion of Parcel e. .:- the lot split be approved, subject to full street
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CL) t 4 '1' I I No. 2; further, that full.street improvements be
constructed on that portion of P,arcel No. 2 fronting on Carlsbad Blvd. with the owner having the option'of entering into a guture street improvement agreement and the agreement being recorded in the office of the I County Recorder.
I EXECUTIVE SESSION:
At 1O:ZO Mayor Dunne requested an Executive Session. The regular meeting reconvened at 10:40. The Mayor announced the Executive Session was called to discuss possible litigation. It was the decision of the
Carlsbad and the CMWD be approved subject to a few minor changes and the Mayor was authorized to execute the agreement on behalf of the City.
Council that the Agreement between the City of
I CITY ATTORNERY IS REPORT:
Motion
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1 I [ 99 ] (a) Lot split improvement agreement for A.W. and Billie M. Paul. Lot split improvement agreements .wer.e approved between A. W. and Billie Paul and John C. and Juliette F. O'Grady and the Mayor and Cit Clerk were authorized to sign the agreement. 1 [ 20 ] (b) First readin of Ordinance No. 8051-4 amend-
$.rig Ordinance No. 8045, regarding moving or wrecking
of structures. The City Attorney presented the foll- owing ordinance stating that this was required by the .Bui fdi ng 1 Department.
[ 20 ] (b) First reading of Ordinance No. 8051-4 amend-\
$.rig Ordinance No. 8045, regarding moving or wrecking
of structures. The City Attorney presented the foll- owing ordinance statinq that this was required by 1 the .Bui fding Department. I
Ordinance No. 8051 AN ORDINANCE OF THE CITY OF
CARLSBAD AMENDING ORDINANCE NO. 8045 REGARDING MOVING OR WRECKING OF STRUCTURES was given its first read-
Ayes ing by title only and further reading waived, Motion
[ 1101 (c) Approval of agreement between City of Carlsbad and CMWD re: East Carlsbad Annexation No. - 2.9 This matter was handled duri.ng the Executive Session. (see above)
[ll.O] (d) Approval of agreement-re: Transfer.to CMWD of El Camino Vailt. The agreement between the City and the CMWB was approved transferring the Vault and metering station near the intersection of El Camino Real and Chestnut to the CMWD and authorizing the Mayor and City Clerk to sign the agreement as recommended by the City Attorney in his 1.etter dated March 11, 1969.
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I [ 54 3 (e) Resolution No. 1599 establishing a portion of El Camino Real as a part of a County Highway. The City Attorney ,informed the Council the County of San Diego has requested the establishment of El Camino Real as a part of a County Highway. The following resolution was introduced:
Resol.ution No. 1599. A RESOLUTION OE THE CITY COUNCIL
MENT OF A PORTION OF EL CAMINO REAL AS A PART'OF A COUNTY HIGHWAY, was adopted by title only and further reading waived.
OF THE CITY OF CARLSBAD CONSENTING TO THE ESTABLISH-
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CITY MANAGER'S REPORT:
[ 971 Chestnut Avenue Underpass. Mr. Martin reported that he, Mr. Lill and Cmn. McComas were leaving for Sacramento in the morning to.discuss the Chestnut Avenue Underpass before the California Highway Commission..
.[ 85'1 Newsletter. The Staff .is' in the process of getting information together for the Newsletter.
[ 291 Preliminary l3udget.A schedule has been set up 'for the preparation and presentation of the Prelimi- nary Budget in July. He will be working with the
, Finance and Audit Committee -regarding this.
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[lo51 701 Application. The 701 Application is ready for submission late this week or early next week.
[loo] Transient Tax. The City Manager requested the Council to consider increa'sing the transient tax from 46 to 56. The City Attorney was instructed to prepare an ordinance to provide for the 16 increas?.
[ 33.1 Special .Census. The Staff is proceeding with the preparation of the special census.
[ 661 Mosquito Abatement. Mr.. Martin read a letter from J. B. Askew, M.D., Director Public Health a County of San Diego dated March 13, 1969, .regarding the Sago Pond Weed problem associated with the Buena Vista Lagoon mosquito problem. For the treatment of the Sago Pond Need problem they requested that the City contribute $2,000.00 towards the mate.ria1 for
this control.
[lo51 Housing elernent.Mayor Dunne 'appointed Cmn. McComas, Mr. Priday and himself to work on the housin el ement. .I
[ 431 Use Permits. Cmn. Neiswender requested that the City make a study of the conditional use permits issued, rezoning, etc. and those that have not been used that they be revoked.. Mr. Martin stated that we would make a report on this matter.
[ 741 Fire Chief. Cmn. Castro inquired as to the . . status of the new fire chief and Mr. Martin replied that there were 17 participants which they are now evaluating.
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I AUTH.ORIZATION FOR PAYMENT OF BILLS AND RATIFICATION
OF PAYROLL: I
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.Authorization was give,n for the payment of bills for
.$87,740.62 and for the Water Department in the t.he general expenses of th.e. City in the amount of ..
amount of$13,745.82 for the period March 4 to March 1~
19693 as certified by the Acting Director of Finance Motion , and approved by the Auditing Committee.
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Ratification of the payroll was given for the first
as certified by the Acting Director of Finance and
approved by the Auditing Committee.
ADJOURNMENT:
ha7f of March, 1969 in the amount of $32,656.10
Respectfully submitted,
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REMOVAL OF ABANDONED CARS - RE: CHARLES DIX
and GERALDINE HARRISBURG
HELB AT; Carlsbad City Hall, 120.0 EL,
Carlsbad, California, Tuesday, March 18, 1969,
at 9:OO P.M.
' 'BEFOm' THE' CARLSBAD CITY C'OUNCIL
David M. Dunne
Glen E. McComas Joe A. Castro
J. E. Jardine
Carl H. Neiswender
Stuart C. Wilson
Margaret Adam
Charles E. Martin
Mayor
Vice-Mayor
Councilman
Councilman Councilman
City Attorney City Clerk
City Manager
RAMON D. ASEDO, ESQ. , representing Charles Dix
MARTHA L. DIX, Certified Shorthand Reporter
CERTIFIED SHORTHAND REPORTING SERVICE Post Office Box 581
Oceanside, California
92054, 729-1022
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ADAMS , Mrs. Margaret
ASEDO, Ramon D.
BALDWIN, William C.
DUNNE , David M .
MARTIN , Charles E.
NEISWENDER, Carl H.
WILSON, Stuart C.
JARDINE , J. E.
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1 D~ET ncvrrv UnY 9111 OCWANSlnF CAT.lFORN7A. 920%
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1 Carlsbad, California, Tuesday, March 18, 1969, 9:00 P.M. I
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MAYOR DUNNE: I don't see anything here about abandol
I b I cars, but 'it's on the agenda. Is this a verbal presentat:
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on it. 7
Mr. Baldwin, do you have anything on that? It's Item 11 (1
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MR. BALDWIN: ll(d), Mr. Mayor, removal of abandoned 9
THE CITY CLERK: Mr. Baldwin is to make a report on .
10 cars on the agenda here.
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MR. BALDWIN: We have a hearing Set, sir. u
MAYOR DUNNE: What about it?
13 MAYOR DUNNE: Today? I don't have any documents, an
14 papers, do you? Anybody have anything on it?
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I' d like to have something I could get my teet
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mail to the owners of the property and to the registered 20
the necessary Notice of Hearing, which was mailed in cert 19
in the past with -- I have just one set of photographs ar 18
MR. BALDWIN: I can give you the information as we d
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22 MAYOR DUNNE: What I'm asking is what is the council
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and also anyone who wishes to talk in protest to the mat. 26
for approval of removal of these vehicles from the prope: 25
MR. BALDWIN: This is the time at which hearing is 5 24
expected to do at this time?
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10 MR. BALDWIN: I didn't set the agenda. I just appeax
1P MAYOR DUNNE: I think it's something we could well de
MAYOR DUNNE: Is this a public hearing now?
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THE CITY FINAGER: Mr. Mayor, this is in accordance h 3
MR. BALDWIN: I presume so.
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this. The publication -- or the Notices were sent Outl MI !!!
the State law and our own City Ordinances in connection wi
6 Baldwin, in conformity with the law?
7 MAYOR DUNNE: Wouldn't this normally be listed on thc
8 agenda under public hearings? We've already closed the
9 public hearings.
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to next time.
How many people are here now?
MR. WILSON: I think we have an attorney representing
one of the Protestants.
MR. ASEDO: Mr. Mayor, I'm here representing Charles
MAYOR DUNNE: You say you put a Notice of Public Hear
out?
THE CITY MANAGER: We have complied with the terms of
State law in sending the Notices either registered or cert
fied mail, correct.
MR. ASEDO: That is correct, sir.
THE CITY MANAGER: All the legal ramifications have b
taken. This is the spot where anyone feeling aggrieved by
the action the City proposes to take may be heard.
MAYOR DUNNE: I was just questioning the location on
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_______ _I- lIIvI~I lllII.y HnrUH'l'lNti SERVICE
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THE CITY MANAGER: Yes.
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MAYOR DUNNE: Maybe Mr. Baldwin can give his present 9
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MR. ASEDO: Ramon D. .Asedo, Attorney. This is to be 7
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MAYOR DUNNE: Will you give your name? 8 1
MR. ASEDO: Mr. Mayor, if it please you'--
agenda.
* and we can call on this gentleman here.
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lo must be presented, clear and convincing evidence, to show
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hearing, .and under all the due processes of law, and evidc
I question any type of a report that might be given unless PI
that these particular vehicles constitute a public nuisanc
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I 18 MAYOR DUNNE: Mr. Wilson, do you want to answer that?
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19 MR. WILSON: I would suggest we have Mr. Baldwin make
I 22 MR. WILSON: And give his testimony regarding what he I
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' whatever it is that they intend to report to the Mayor and
Is the report is given by someone who has personal knowledge
the Councilmen. '*
15 The law requires this. This is a question of
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law to support that position and the cases that follow -- 17
taking a person's property from him, and I have considerab
Zo his report.
21 MAYOR DUNNE: Yes.
23 has found, and if he has pictures, present whatever he has
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Mr. Asedo on any witnesses he cares to produce, and then ha z5
in regard to the fact situation. Then I suqqest we hear fr
the matter presented to you.
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MAYOR DUNNE: All right. At this time, is there --
Let's go through the formality of a public hearing. I thi
it will help a little mom
First of all, we've had an affidavit of publicc
tion. Have we had any protests or objection filed on this
Mrs. Adams?
THE CITY CLERK: I have not received any.
MAYOR DUNNE: And we have Mr. Baldwin. Now, Will YOU
give us your statement as to the conditions you found?
MR. BALDW.IN: Well, in the first place, the first aut
I have in question is registered to Geraldine Harrisburg.
The property is Assessor's Parcel No. 15562204, being a PO
tion of Lot 31, Patterson Addition, City of Carlsbad. The
evidence is a photograph. I have given her a formal Noticl
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this hearing would be held. 17
Attorney as to timing. She has received certified mail th, 16
in connection with the information I have from our City
18 I'll pass this photograph around.
19 This photo -- This car has been in this locatio1
20
asking her if she would remove the vehicle. She said she i 21
for many months, and I have talked to her two or three timc
erty. 23
attempting to'sell it, and this is the Grace Harrisburg prc 22
a
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1. 26 ~enry ~ayer' s (phonetic) Corporation, handled by E. T. How;
24 This is a 1950 two-door Chevrolet. I have the
25 . license- I have the land to which it's on. This belongs t
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1 Jones. Notice ,,was sent to the California Highway Patrol a
2 MR. WILSON:. What is the condition of the car, Mr.
3 Baldwin?
4 MR. BALDWIN: Inoperable by Mrs. Harrisburg's own
5
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admission.
MR. WILSON: You've examined it?
71 MR. BALDWIN: Yes. I have seen the car many times, k
8
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the photograph, and Captain Rossall actually took the phot
graph and viewed the car with me.
10 COUNCILMAN JARDINE: When was the last time it was
PP licensed?
32 MR. BALDWIN: The last 1icens.e that is on the car is
13
hasn't been relicensed. 14
1966 or '7. It's very hard to tell, because the plate --
15 MAYOR DUNJYE: Do you think it would be possible to pl
16 this in running condition?
17 MR. BALDWIN: Oh, I think quite possibly it could, :
18
MR. BALDWIN:' AS far as 1 know, it's several months. 26
moved from where it is located, as far as you know? 25
MR. WILSON.: How long has it been since the car has 24
think it could be made operable. 23
pick it up at a reasonable price and sell it. She seemed 22
local newspaper, in the hopes that some local young man cl 21
suggested to her that she run an ad in the Pennysaver, thl 20
is, too. She wanted me to see if I could sell the car ant 19
fact, I had a discussion with Mrs. Harrisburg, I believe :
r,,-.cn,. C.t.nr,-w. DC.V F". ,.,.".7.,"" "...-A_.,-. ",.".
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1 BY srseverall', I mean four or five.
2
MR. BALDWIN: It's in private property. 4
MAYOR DUNNE: Is this on a public right-of-way or in
3 private property?
SI MAYOR DUNNE: Can you fill us in a little, Mr. Wilsor
6
' remove automobiles from private property? 7
on the State's criteria for the statute which authorizes 1
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memory, but what it relates to is cars which are abandonet 9
MR. WILSON: Yes. 'I'd have to -- I'd have to do it f
become public nuisances by way of health hazard or otherwi If
wrecked, dismantled, or parts thereof, which are/or may
l2 We've got a copy of it here. Hold on for just
13
15
All right, what you're finding, if you do find 14
second, will you, please?
That's it. 19
mantled, or are inoperative on private or public property, 18
you should find that they have been abandoned, wrecked, di 17
If you're going to have jurisdiction to order them removec 16
that one or any of the cars the subject of this meeting --
20 MAYOR DUNNE: Does it give any time as to the inoperc
21
22
condition?
suant to State-enabling action, yes. 25
MR. .WIGSON: It.'s a City Ordinance actually passed px 24
MAYOR DUNNE: This is a State law, State statute, is 23
MR. WILSON : No.
26 MAYOR DUNNE: Any questions?
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All right, any other cars involved, Mr. --
MR.' BALDWIN: Then the Charles Dix matter, here are
photographs of several cars.
Mr. Dix took delivery of certified mail, also 1
CHP. The property these -- These cars are on his propert1
Actually, they're panel trucks, cars and truck-tractor.
COUNCILMAN, JARDINE: Mr. Baldwin, does the Department
vehicle Records show the last licensing Of these vehicles?
MR.' BALDWIN: I have the license -- most of the vehic
were licensed -- last licensed --
MAYOR DUNNE: Is this location of Mr. Dix -- Is that
Buena Vista?
MR. BALDWIN: Buena Vista and Arland Road.
MAYOR DUNNE: Yes. That's the same place, I think, tl
we -- Is this a new bunch of cars, or is this --
MR. BALDWIN: This -- They were -- Two Of the panel
trucks were removed and returned, and then a truck-tractor
was placed on the property.
COUNCILMAN JARDINE: When you say "returned", does thi
mean that they were removed from the property and brought
back again?
MR. BALDWIN: Apparently they were, so far as I know.
don 't know how they were removed. I assume they were drive
off and brought back.
COUNCILMAN NEISWENDER: Complied with the ordinance fc
fifteen minutes then?
POST nFrrrr nn~ col nonl_C.m..
I
, ~ --- --- --- y~~~~t I U~VU nbrun I INC; S&MVICE:
P
MR. BALDWIN: By "condition", do you mean are they d 6
MAYOR DUNNE: What is -- What did you find the condi 4
MR. BALDWIN: No, sir. That's the extent to which I 2
MAYOR DTJNNE: All right. Anything else, Mr. Baldwin
IQ required to bring. --
5 of these automobiles were on Mr. Dix's property?
7
and ownership. They haven't been moved. 10
that nature. I just merely photographed them as to licen; 9
starting them or attempting to start them, or anything of 8
able? That's a little hard to determine. I had no way o
11
MR. WILSON: Do you find the. cars are abandoned, wrec 13
MR. BALDWIN: That is what he's informed me, yes. u
MAYOR DUNNE: Is this a hobby with Mr. Dix?
14
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dismantled or inoperative?
16
MR. BALDWIN: Well, they apparently are abandoned. 7
just sit there. Some of them are certainly in stages of c
17 mantling.
18
COUNCILMAN NEISWENDER: NO, but I'd like to ask, too, 21
MAYOR DTJNNE: Any questions of Mr. Baldwin? 20
MR. BALDWIN: Not to my knowledge. 19
MAYOR DUNNE: Is he conducting a business there?
23 MR. WILSON: I would take that to mean that it had be
22 for a definition of "abandonment".
24
might abandon a car on a freeway or drive it off a cliff, 26
exercise any further dominion or control over it like you 25
given up permanently by the owner with no intent ever to
POST nhmrru uny COI -r- * ------
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something. In other words, if you're still intending to -
COUNCILMAN NEISWENDER: Bill, do you understand that:
MR. BALDWIN: Yes, I understand. I also might say tl
1 have had at least six or eight phone calls from various
neighboring people.
MR. ASEDO: I will object to anything in the way of I
calls from any neighboring people. This is not a public I
ing.
I think the City will agree this is a hearing
between the City of Carlsbad and one Charles Dix and thesc
various vehicles.
I would like to examine the one witness in thi;
case, if I may be permitted.
MAYOR DUNNE: I'll have to ask the City Attorney. T:
is not a court of law. I doubt if that is authorized in 1
ordinance, is it?
MR. WILSON: No, but I would think that it would be
reasonable, under the circumstances, if the Council is th
asking. any questions of Mr. Baldwin and he's through with
presentation, to allow Mr. Dix to ask Mr. Baldwin questio
to amplify his statements, to bring out all the facts abo
his testimony before Mr. Asedo puts on whatever evidence
wants to put on.
COUNCILMAN NEISWENDER: I have no objection.
COUNCILMAN JARDINE: I h.ave a further question of Mr
Baldwin, please, Mr. Attorney.
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Mr. Baldwin, did I understand you correctly to
say that all of those vehicles on the property now were
licensed in 1968; is that correct?
MR. BALDWIN: No. They have various license dates 01:
them -
COUNCILMAN JARDINE: Were you able to establish, fro1
what you were able to see, what the most recent license di
on each one of the vehicles was?
MR. BALDWIN: Not in every case. They 're -- To my
knowledge, there are no '69 licenses that I saw.
COUNCILMAN JARDINE: Could you cite any of the vehic
license dates from what appeared on the vehicles themselvc
MR. BALDWIN: Not by memory.
MAYOR DUNNE: Do you wish to have some questions of 1
Baldwin?
MR. ASEDO: Thank you, Mr. Mayor.
EXAMINATION
BY MR. ASEDO:
' Q* Sir, you have indicated that --
THE CITY CLERK: May I have this gentleman's name, p
MR. ASEDO: Ramon D. Asedo.
THE CITY CLERK: Thank you.
PncT nmmrc ~AY COX ,-,O~AF.YC.~~ n.~l~--x,.l ~~~-.
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BY MR. ASEDO:
Q. You've heard the City Attorney define the term
"abandoned". Do you still choose to indicate that these
vehicles have been abandoned by Mr. Dix?
A. By "abandoned", I determined the vehicles have I
been ~pcreL~di they've been aitting in the same position €{
some little time. I can't determine whether he's abandonel
.them per se.
MR. ASEDO: Mr. City Attorney, could you advise the
witness as to the meaning of "abandoned" again?
COUNCILMAN NEISWENDER: I object to the word "witness'
MR. WILSON: I think what we better do is just ask hir
the questions, Ray. My statement is on the record here an(
he remembers it. Why don't we just ask him the questions i
you put your evidence on?
MR. ASEDO: Councilman Neiswender, I might advise him
exactly that he is a witness. in this hearing and nothing mc
Q. Sir, were any of these vehicies wrecked, in you]
opinion?
A. No.
Q. Would you describe to what extent any of the
vehicles were not intact, in other words, dismantled in an:
re spec t?
A. One of the panel trucks has the rear wheels gone
Q. All right. As to that panel tr.uck that 'has the
rear wheels gone, on what day were they gone?
" ~ ~ ~. ~ ~~~ ~~ ~-~ ~~~~~~
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A. I didn't record it.
Q* Since that time, have you examined it to deten
whether the rear wheels have been put -- placed back on tl
A. Not today. They were last week.
Q. All right. Did you determine, of your own kno1
whether any one of these vehicles is inoperable, in other
words, cannot be operated?
8. Them ar~ several in thm th& I vould SUN h
to have my life set upon starting up, like the Plymouth t
in the rear and a '39 pickup that Mr. Dix supplied me wit
the age of. Two others that are sitting back there, the
tractor, I question whether it could be started. It's
possible the panel trucks could be moved, because they we
moved once.
Q. 'I'll repeat the question. Do you know, sir, o
your own knowledge whether --
A, No, I never tried to start the cars.
Q. All right.
I think on the face of it, it's clear that thi
is the only witness that we have to testify, and the burd
being upon the City of Carlsbad under this ordinance and
the general law, that even were it true that the only fin
that this Council would have to make in this hearing was
these vehicles were abandoned, wrecked, dismantled, or in
erative, that they have not met .that test, -but I would su
to the Council that that is not the test, in all due resp
1 n,,.?". A. ",.
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I 1/ I to the City Attorney.
I I The test is, and I might suggest Section 22,660
the Vehicle Code only provides that the City may establish
the procedures for abatement and removal of a public nuisal
and in this case, being a Vehicle' Code and concerned with
vehicles, those abandoned, wrecked, dismantled or inoperat:
vehicles, which pose a public nuisance. In any event, the]
must be first found that. there is a public nuisance. It j1
isn't sufficient to find that these vehicles are abandoned
wrecked, dismantled or inoperative. To be a public nuisanc
according to the Civil Code, 3479 of California Civil Code
is anything that is injurious to health or is indecent or
offensive to the senses or an obstruction to the free use (
property or unlawfully obstructs the free passage or use ir
the customary manner of any navigable lake or river, bay,
stream, canal or basin, or any public park, square, street,
or highway, is a nuisance. The many cases that I could cil
and I won't bore the Council with them - all provide that .
City,or any body, may not deprive the right of an owner to
devote his land to any legitimate use unless, of course, tl
find that this constitutes a public nuisance.
Now, the ordinance is - I won't say invalid - bl
I think the ordinance is well written insofar as it states
specifically that where these abandoned, wrecked, dismantlc
or inoperative vehicles are found to create a condition
tending to reduce the value of property, to create a fire
Pncr nmn.rPr _A" rn. -_-.=,-.-- -. - __-____.
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hazard, to constitute an attractive nuisance, et cetera,
cetera, then perhaps the Council could find, if all of th
things were before them, that there was in fact a. public
nuisance. The mere fact that whatever 'be on the property
would reduce the value of private property is not in and
itself sufficient if it is not a public .nuisance, and we
a case to support that position and I will cite that. I '
cite all of them if the Council feels it's ne.cessary.
Just briefly, as he has indicated - as the wit
has indicated, Mr. Dix has represented, and he knows of h
own knowledge, that Mr. Dix is an antique or heirloom-typ,
car buff, and these vehicles are on his property; they're
wrecked, as he agrees; they're not dismantled, except tha
one case of a vehicle that he happens to be working on, hc
has removed two of the rear wheels to work on them before
puts them back. They are not inoperative and certainly I
wouldn't think that you could say they were abandoned whel
they are on his own property.
Nothing has been provided to this Council in tl
way of testimony to show that they constitute a fire haza
that they interfere with anyone's right-of-way, that they'
indecent, that they"re a breeding place for rats or create
odors, or any smog, soot, or any of the innumerable thing:
that the various cases insist that you find before you fir
that this is a public nuisance and thereby give a public
entity, to wit, a City, in this case, the right to take a
POST OFFICE BOY 5x1 nCPANcrnu PITIPIIDXII MnCI
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E. 4 man ' s property.
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1 2/ Unless the Council wants to hear more,.I think
II 3
' BSSS &€G& Ca find khat the City can proceed in this c; $I
that there is certainly not even sufficient on the first
I 5l MAYOR DUNNE: Thank you, Mr. Asedo.
i 8
7
Mr. Baldwin, one question:
I've got complaints about these cars on Mr. Di:
I 8 1 property from, I think, two people,. Have you had any let1
I 9 or telephone calls on this?
10 MR. BALDWIN: I've had phone calls.
I la I MAYOR DUNNE: You've had phone calls?
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THE CITY MANAGER: Mr. Mayor, could I ask Mr. Asedo '
enumerate again slowly those criteria by which such vehic
may be deemed a nuisance?
MR. ASEDO: Yes, sir, Mr. Manager.
The nuisance is defined in California Civil Coi
3479 as anything that is injurious to health or is indece:
or offensive to the senses, and that is conjunctive, and
they' re talking there, as the cases would unfold, about s
I 2o I things as houses of prostitution, et cetera, or an obstru
1 21
as the cases say, or unlawfully obstructs the free passag 22
tion to the free use of property, spite fences, and so fo
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In conjunction with what the members -- one of 26
square, street, or highway is a nuisance. 25
river, bay, stream, canal, or basin, or any public park, 24
and use in the customary manner of any navigable lake or
a Pnvr nwwrru uny wt ~CPAWIE~~P o~r~nrrn~,~. nnnr.
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tionably have called in about is that they don't like the 3
other people have called in - and I'm sure what they unqu 2
members was inquiring into, I might say that the fact tha
8 appearance of these vehicles in their neighborhood, the -
B
is not material. 13
of land by this sort of thing, unless it's a nuisance, tl E2
a nuisance, so while the ordinance refers to the devalual If
is, again, the definition of public nuisance, it would nc 16
life or property in the manner pointed out in CC 3479, wl 9
unless the structure interfered with comfortable enjoymer 8
reduce the value of property for residential purposes, bl: 7
structure in a fashionable residential section might well 6
There is a case which states that the erection of an unsi
14 Now, this is the case of Meek vs. De Latour, :
15
field. 17
overturning it, and it still stands today as the law in . 16
Cal App, 261. It has been shepherdized. There are no C~
le, THE CITY MANAGER: Well,. we're getting pretty legal
19
people and importune them to keep their premises clean, 21
senses"', we have an annual cleanup campaign; we implore 20
Mayor. My question is: When we refer to "offensive to
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22
mentioned, which are offensive to the senses. There are 26
many things, other than the houses of prostitution, whic 25
to build here, and I think -- and I submit that there ar 24
siderate to the. character of the community that we,'re tr 23
maintain their properties in a manner which is someway c
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things as visual senses which are offensive to some people
to permit City Councils to remove this type of thing, then 4
when the statute was set up, if I understand it correctly, ' Now, if we're going to lose on this legal jargo]
5 the law is pretty self-defeating. I think that if we're
e serious about removing these junk automobiles in the town,
7' have to .support the staff which is trying to get the evidel
8 trying to support a position which the Council asked us to
9 take some time ago, and I don't think we can listen too mu'
10 to my former townsman, Ray Asedo here.
1P MR. ASEDO: Well, I appreciate what Chick Martin has
u
but I'd like to add that we're not dealing just here with ES
say. He's talked like this for forty-five years that I kn
of this City, which in no way affects the property rights I 15
going out and accomplishing something to improve the beaut: 14
16 another. We're talking about going onto a man's property
17 removing his property and disposing of it.
18 Now, our Constitution, and thank God for that,
19
20
provides some rather stringent restrictions on the manner
exactly what constitutes a public nuisance, and the Suprem 24
and so forth; and secondly, it sets forth, by definition, 23
clear and convincing and that the cases here rule out hear; 22
stantively. Procedurally, it requires that the evidence bc 21
which this may be accomplished, both procedurally and sub-
25 Court has carefully, in its cases, taken and further defin
26 made definitive for better understanding what that section
I POST OFFICF BOX ;A1 OCFANSInF CATlFnRNTA a90u
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be offensive is certainly not sufficient for us to go and 4
sons these particular vehicles sitting on that property m 3
We have no facts here. The fact that to some 1
permit it. 8
take this property away from this man. The law will not
71 There are many things that are offensive to- so
8 and beautiful to others.
9 There has to be facts presented to this -- the
10 Councilmen here sitting in a sense as a Court to first de
8% mine that these constitute a public nuisance. I 4 Now, this is not legal jargon and this doesn't
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require lawyers any more than there are lawyers allowed t
sufficient. We have to take that which is before us. 21
wise, that the vehicles should be removed, but that isn't 26
Councilmen's own mind and feelings and sympathies, and ot 19
no evidence here to do that. It may be within each of tk 18
petition to remove these. vehicles, and, certainly, there 17
have to see if they support the position of the City on t 16
to be given, the law is there, and then from the facts, F; 15
sit on a jury, but the law has to be -- the instructions
22 MAYOR DUNNE: Any questions of Mr. Asedo?
23
to a home or a place where eight, ten, twelve cars were lr 25
is always personalizing these things, if you were living 24
Mr. Asedo, just a hypothetical question, and 1
28 on and they were various stages of repair and disrepair,
POST OFFICE BOX 581 OCEANSIDE CALIFORNIA 990%'
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would you view that as an individual, not as a lawyer rep
senting a client, but as an individual?
MR. ASEDO: Mr. Mayor, it would be unfair to ask, in
sense, without first telling you that it wouldn't bother
at all. I enjoy old cars, but I can imagine other things
that I wouldn't enjoy. For instance, a whole bunch of bi
or something, in an aviary would be upsetting to me, but
withstanding the fact it would upset me ox any number of
things would upset me, I would not choose to remove these
properties from this individual, because my own property
rights are extremely important to me and I will.guard jea
those rights to do with my property which I wish so long
it's not obscene or offensive.
Now, .when we have a difference of tastes, and
forth - and I'm not against a cleanup program by any mear
' but that's not what's before us. We don't have any evide
i before us showing that this is a public nuisance. All WE
~ i
have before us is that it would be nicer if these things
perhaps weren't there, to some people, at least.
MAYOR DUNNE: Any questions by the Council?
COUNCILMAN JARDINE: Well, it's obvious, Mr. Mayor,
there is something that we have here in our City that is
offensive not to some people, but a great many people, ar
have established in the City Codes a means of proceeding
these matters, and I suggest we do so period, and if thi:
means a legal contest, then so be it, let's have a legal
1 I
POST OFFICE BOX 581 OCEANSIDE rAllFORNTA 99ilU
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contest. This is not the place for it. Let's proceed to
the place for the legal contest.
SI MR. ASEDO: I might suggest to you, Mr. Mayor and
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Council, this is the place for it, Mr. Jardine. This Cou
has a responsibility not to shove everything down.town int
the courts that it chooses not to give .an honest and cand
decision on. This Council is no different than any jury,
a jury is called upon and given responsibilities, and the
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the same manner without choosing to send each one of our 10
perform. The Council' can well be called upon to perform
Counci 1. 17
pure hearsay, and the cases say will not be before this 16
anything he chooses to say about the opinions of others i 15
town that find this offensive. I have heard one witness, 14
not heard evidence or testimony from the many people in t 13
Council. chooses not to perform. I would suggest that I h I2
citizens down to court for writs of mandamus, because the 1P
1% MAYOR DUNNE: Thank you, Mr. Asedo. Any other quest
19
MR. ASEDO: Thank you, Mr. Mayor. 20
of Mr. Asedo?
MAYOR DUNNE: In my opinion, I think it might be we1 21
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further. Any objection to that? 23
hold this over for another meeting and explore a little
COUNCILMAN JARDINE : No objection. 24
25 COUNCILMAN NEISWENDER: We might all take a ride dot
26 there. I I
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2 hold it over to the next meeting.
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IP the City Attorney to ask- for a certified copy of the tran-
MAYOR DUNNE: Okay. No objection by the Council, we' 1
THE CITY CLERK: Mr. Mayor, I would like to request
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scsipt that was taken here a4 the meeL;ii?j kaliiitjht 8R khiS
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matter.
MR. WILSON: I'm sure it's available for sale, I imag
8 MAYOR DUNNE: Cost you a little dough to.
9 THE CITY CLERK: That's all right.
10 MR. ASEDO: Mr. Mayor, may I inquire whether or not -
l1 Will that be the case? Will there be a certified copy of
u these proceedings in this hearing?
13 MR. WILSON: Well, it's the Council's pleasure to get
14 copy. I'll verify it and if they wish to pay the cost it
15 I will check with Martha and we'll get it.
16 MR. ASEDO: Mr. Mayor, please, it's my understanding
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meeting of the Council. Is it my understanding that then 18
that this matter will be continued until the next regular
19 1 will be further testimony taken at that time?
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MAYOR DUNNE: Very possibly.
THE CITY MANAGER: But you better hurry up and get st 22
MR. ASEDO: Fine.
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MR. ASEDO: I have looked carefully over these vehic 26
THE CITY MANAGER: That was facetious, Ray. 25
MR. ASEDO: If I could have one more statement -- 24
wheels back on those vehicles.
I DnCm nnnrro ma-.- co1 ,-.rT7.r.,c,r.m CIIIm-(AIIII... ,,.LI.\CI
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in the state of disrepair as the vehicle that Chick Marti 2
and I find not one of these vehicles that is even remote1
used to bomb about the streets of Napa.
THE CITY MANAGER: Do we have to yo back to 1915?
MAYOR DUNNE: Touche.
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I 1 STATE OF CALIFORNIA)
i 88,
Z! 1 COUNTY OF SAN DIEGO)
3/
41 I, MARTHA L. DIX, Certified Shorthand Reporter, duly ' I licensed by the State of California, do hereby certify;
6 That I reported in shorthand the proceedings had at
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that my shorthand notes were later transcribed into 9
held as herein indicated on the 18th day of March, 1969; 8
the City Council meeting of the City of Carlsbad, Califor
had at said meeting. E2
contains a full, true and correct record of the proceedir 11
typewriting under my direction, and the foregoing transcx
13 DATED at Oceanside, California, this 27th day of Mal
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1969 a
A
f,- t"' ;
'. . I , . ':. . .1./'. , ;
.,
/ "; /G*:</-
CeTtified Shortaand Repori
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POST OFFICE BOX 581 OCEANSIDE CALIFORNIA 92054