HomeMy WebLinkAbout1969-04-01; City Council; Minutes...
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Meeting of: CITY COUNCIL (regular meeting). I. Date of Meeting:' April' 1, 1969 Time .of Meeting: 7:OO P.M. Place of Me.eting: Council Chambers
I INVOCATION was offered by Mayor Dunne.
ALLEGIANCE to the Flag was given..
APPRO,V~L OF MINUTES:
(a) Minutes sf the regular meeting held March 18,1965
were approved as corrected.
CORRESPONDENCE: ..
[ 1121 (a) A letter .was read from the Carlsbad City Beautiful Committee dated March 26, 1969, regarding abandoned cars and other items as eyesores, and . advising the Council that their organization concur
with the ordinance in question.
[46 ] (b) A letter was received from Mr. Jean 8. Thibault, Principal-Magnolia School dated March 24,
1969 thanking the Council for their help in providing a crossing guard.
[97 ] (c) Mayor Dunne read a letter from the Chamber
mendat-ions for the constructio-n of the Chestnut Stree Underpass.
of Commerce to Mr. Utt asking his support and recom-
ORAL- COMMUNI CATIONS :--- " ."" ~ -.....- ".
There were no oral communicatiQns,
COMMITTEE REPORTS:
Councilman McComas reported:
[97 ] Chestnut Street Underpass. wrote letters to Mr. Utt which was - It appears that the Highway Commis tough time making up their minds a project will be financed. It was
resolution be prepared stating tha
Drive west to Carlsbad Blvd. withi length of time. This resolution s at the next Highway Commission Mee of the Council should be present. voluntered to attend the hearing.
intention to extend Chestnut Avenu
Many of the citiz very admirable. sion is having a s to how this recommended that
e from Pi0 Pic0 n a reasonable hould be presente
ting. and a member
t it is the City'
Cmn. YcComas
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Following discussion, the following resolution was' presented: . .
Resolution NO.' 16-06.. A-RESOLUTION OF THE CITY^ COUNCIL
OF THE CITY 0F.CARLSBAD DECLARING INTENTION TO EXTEND
.was adopt-ed By-title on-ly- and further reading Waj-Ved. CHESTNUT AVENUE FROM PI0 PIC0 DRIVE TO CARLSBAD BLVD*
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By motion of the Council authorization was given to Cmn. McComas to represent the City of Carlsbad at'the Motion
Highway Commission meeting, Ttiesday, April 8, 7969. I Ayes
[Z8 ] Nater Systems Improvement Committee. No meeting has been held by the Committee since t-he last Council
meeting.
Councilman Neiswender reported: .
[28 ] Narcotics Committee'. The Committee has prepared a booklet that they will present to each member of the Council. This is not a periodic report but is a booklet that they have-assembled containing drug laws narcotic laws, etc. and various means and methods the have used to pursue this matter.Cmn. Neiswender mentioned that some of the news media felt the com- mittee is moving too slow, but some of the other . ci.ties have had problems because they moved too fast. In the next few weeks the Committee should be coming up. with its findings and recommendations.
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Mayor Dunne commented that the Committee had done a very good job and thanked Cmn, Neiswender for his work
Councilman Jardine reported:
[28 ] Finance and Audit Committee. Nothing tG report.
[69 1 Park and Recreation Commission. 'There are s,ev- era1 -items 1 isted on the agenda under. Park and Re:crea- tion which will be discus'sed later.
Councilman C'astro reported:
[34 1 Chamber of Commerce In accordance with Cmn, Castro's recommendation, authorization was given for the reimbursement of expenditures made by the Carlsbad Chamber of Commerce in the amount of $1,087.33. . Cmn, Castro pointed out there "is approximately 3 months left in this fiscal year and there is approximately $300.00 left in this fund.
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e 28 1 city Beautiful Committee; Cmn. Castro read a report on the activities of the Beautification . Commission under chairmanship of Mr. Andrew Channel 1.
Mayor Bunne inquired about a clean-up 'campaign abd Cmn. Castro stated that he, Mr. Priday, and Mr. Marts' were working together to formulate this. program. I -Mayor Dunne Reported:
[ 68 ] San Diego County C-omp-rehensive Planning Organ-
ization Budget. The CPO Budget for'1969 was discussed
and the City's share of the budget is $600.00. It is
the Departmental Budgets.
By motion of the Council "the CPO B.udget was. accepted.. Ayes
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.anticipated this amount will be provided from within
Motion
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*. " .. f I The CPO has been doing a great deal of work on Plann- ing for law enforcement and criminal justice. The
City is in hopes of having a group from the CPO appear before the Cout?cil a.nd describe the functions of this Organization in order to familiarize the Council with its activities.
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[ 28 ] Central Business District Action Commi.ss'io.n. A letter from the Central Business District Action Comm- ission dated March 27, 1969 was presented making certain recommendations: ' I
(1) Following discussion authorization was given for the City Manager and the City .Attorney to prepare an ordinance establ.ishing a Parking Authority'within the downtown shopping area to be presented for the Council's consideration at the first meeting in May.. (2) The Housing Code, Volume 3 of the Uniform Building Code, 1967 Edition .was adopted as recommende by the CBDA Commission.
. (3) Community fnvolvernen't Committee. Discussion was given as to establishing a Community Involvement Committee consisting of 20 to 25 members. Mr. Priday
reason for the implementation of a Citizen's Committe is to set up a workable program. it is necessary that the citizens become involved in this program as HUD will not process anything that the citizens are not interested Sn. This committee would have no power but would merely act in an advisory capacity. Mayor Dunne requested a letter be drafted that-wquld be sent to the citizens appointed to this committee, informing. them what their job would entail and what the program encompasses. Further, that each Council- man submit 4 or 5 names 'of citizens who they feel would be qualified to serve on the Citizens Involve- ment Committee by the first Council meeting in May.
Administrative Assistant, informed the Council the
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By motion of the Council it. was agreed that the - I Citizens Involvement Committee be established as recommended by the Chairman of the Central Business
~ District Action Commission,
Motion Ayes
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[ 62 ] Santa Barbara Oil Leak. Mayor Dunne reported that he had attended a meeting in Santa Barbara, and checked into the damage caused by the oil leakage. He commented that the condition was very appallipg when considered this resulted from one well 6 rni;les off the coast. In order to prevent such. damage j occuring again*, legislation is being prepared.
PUBLIC HEARINGS:
[- 81 .] .(a) Bid opening -for -sale oi' City Property.:
Mayor Dunne opened the Publi'c Hearing and the Clerk
The City Clerk announced that one bid was received
amount of $250.00.
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- "presented .. . the affidavit of.-p.ublication,. . I I
from John W. lrjeber dated March 21 3 1969 in the : -. -
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.. resent desiring to speak, the Mayor closed the
ouncil, and the following ord,inance was introduced: ublic Hearing with the unanimous consent of the
A RESOLUTION OF THE CITY COUNCIL SBAD, ACCEPTING BID FOR PURCHASE F REAL PROPERTY AND ORDERING THE MAYOR AND CLERK TO
XECUTE A DEED TO SAID REAL P.ROPERTY, was adopted by itle only and further- reading waived.
[ 112 3 (.b) Removal of wrecked, dismantled, abandcned or inoperable vehicles: The certified copy of the public hearins on this matter marked Exhibit "A" are attached hereto.'and made ,a part of these minutes. Succeeding the close of the hearing the following resolution was introduced:
Resolution No.' 1600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF CARLSBAD, MAKING FINDINGS AND ORDERING REMOVAL OF VEHICLES AND PARTS THEREOF AS PUBLIC I NUISANCES was adopted.by title only and further reading waived.
[ 113, ] (c) To consider an application submitted by Nature Conservancy for a zone change from R-A-10 to R-3 on property located Westerly of Jefferson Street at Las Flores Drive.,
Mayor Dunne opened the publs'c hearing and the Clerk pres.ented the affidavit of publication.----
The City Clerk read a letter from the Security. Pacific Bank dated ,March 31, 1969, Executor of the Estate of Sophia Jones, which Estate owns property located 2440 Jefferson Street, protesting the re- zoning.
Mr. Olinghouse, City Planner, presented a pl'at map showing the proposed zone change. Mayor Dunne asked
him if this change would be cornpatable with the State
reserve, and Mr. Olinghouse stated that it was.
Mr. A. R. Allerdyce addressed the Council' and stated that he was in favor of this zone change but was concerned that the development would not block the view. Also that the property on the other side of the lagoon cou1.d be developed with this in mind.
buying the portion of the lagoon as a wild life
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Mrs. .Arthur Wollrich addressed the Council stating that she hoped the- approval. of the zone'change would not be held up. She realized the need for a~.rul.ing on the height .limitation and" the landscaping but felt that the zone change was necessary.
As there were no other persons present desiring to speak, the Mayor closed the public hearing with the
resolution and- ordinan-ce was introduced: ' -
unanimous consent of the Council and the following
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Resolution No. 1601 A RESOLUTION 3F THE CITY COUNCIL OF THE CITY OF CARTSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION 1
OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF
CARLSSAD FROM ZONE R-A-10 to R-3 was adopted by title
only and further readfng'waived. .
Motion
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Ordina'nce No. 9232. AN ORDINANCE OF THE CITY QF
CARLSBAD AMENDING ORDINANCE NO. 9060 CHANGING CERTAIN
was given a first reading by title only and further Motion reading waived. Ayes
DESIGNATED PROPERTY FROM ZONE R-A-10 to ZONE R-3
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[ 113 3 (d) To.consider an appeal of the decision of the Planning Commission in denying an application for a Specific Plan and Zone Change from R-A-10,000 to C-2 on property located on the Easterly side of . El Camino Real between Marron Road and Osuna Drive. Appellant:' Otis E. Vanderburg.
A letter was presented by the City Clerk from the legal firm of Andreasen, Thompson, Gore & Grosse Attorneys at Law requesting that the hearing be postponed until the next meeting in order that re- presentatives from the Shell Oil Company could be present. . . .-
By common consent it was agreed that the hearing be continrued until the next regular meeting.
I [ .30--] (e) To consider the adoption of an Ordinance, adopting by referen-ce-the Uniform Bui 1 ding Code;
1967 Edition, Volume V. regarding Signs.
Mayor Dunne opened the public hearing and the City Clerk presented the affidavit of publication,
The City Clerk stated that no written comrnunicat.iohs had been received,
Mr. Joseph Stranski. questioned whether the Council was adopting the Uniform Building Code by reference
and what was involved in the Ordinance.
Mayor Dunne informed Mr. Stranski this ordinance was in connection with the structural features of signs,
As there were no other persons present desiring to speak, the Mayor closed the public hearing with the unanimous 'consent of the Council, and the following ordinances were presented:
-Ordinance No: 8050-. AN ORDINANCE OF THE CITY OF : CARLSBAD ADOPTING THE UNIFORM BUILDING CODE,. 196? EDITION, VOLUME V,. R.EG-ARDIgNG SIGNS, PROVIDING " PENALTIES FOR VIOLATION THEREOF, AND REPEALZNG- -CERTAIN ORDINANCES, was given a first rea.ding by
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title oniy and- further reading waived. "
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The hearing was reopened and Mr. Stranski addressed the Council. concerning non-conforming signs. Discussion was given to window signs and it was pointed out that this provision would be eliminated under this proposed ordinance, Discussicn was also
given to height limitations on signs and it was suggested by Mr. Stra.nski that possibly the height and size could be compounded, and the allowable sign 'area could be. based on street frontage rather than building frontage.
Mayor Dunne asked Mr. Olinghouse if there is some provision for variances and the City Attorney stated this is an amendment to the zoning ordinance so that all the variances of the zoning ordinance would apply
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Ord'inance No. 9224. AN ORDINANCE OF THE CITY OF . CARLSBAD AMENDING ORDINANCE NO. 9060 REGARDING SIGNS. I was given a fSrst reading by title only and further Motion ' reading wai.ved. Ayes
RECESS: I
Mayor Dunne declared a recess at 9;30 P.M. and the regular meeting reconvened at 9:40 P.M.
ENGINEERING: ..
[ 93 ] (a) Henry Mayers Investment Co. - re: Request for reimbursement of repair work on storm drain. Mr:Lill addressed t-he Counc-i7 stating that Henry Mayers Investment Co. submitted a bill for reimburse- ment in the amount of $277.28 for repair work on the storm drain at 277-5 Ocean Street as outlined in the memo dated March 25, 1969 from the City Engineer. Mr. Lill sympathized with them, however, does not feel that it was the responsibility of the City to reimburse the company for the cost of repair.
By motion of the Council the claim in the amount of
denied and referred to the City Insurance Carrier,
Further, the Engineering Department was instructed to study this drainage problem.
.$277.28 from the Henry Mayevs Investment Co. was
PLANNING:
(a) Tentative map of Knob Hi17 Subdivision. The City Planner presented the tentative map of the pro- posed subdivision, consisting of 18 lots located at the .Northerly terminal of Donna Dr. In reporting on the recommendations made by the Planning Commission, the City Planner stated that variances were-consider- ed for nine o.f the lots. One of the condifi'ons was that the garages on lots 1 and 6 thru 14 have their openings oriented towards a side yard and not perpen-
to a street the setback be 20 feet. Access rights to Elm Avenue were waived for lots 1 through 4. It was pointed out thzt when Elm Ave. is extended Donna
Dr. will connect with Elm Ave. -
.. . d.i-cu1.a.r to a-ny street.. 0.r ..if. they a.re p.erpend.icu1ar
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Following discussion the following resolution was presented: .
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Resolution No. 1603. A RESOLUTION OF THE CITY C.OUNCIL OF THE CITY OF CARLSBAD. APPROVING THE TENTA- I TIVE MAP OF KNOB HILL SUBDIVISION, was adopted by title only and further reading waived,
(b) Lee Ruse Post.V.F.W. - -re: Request for waiver of LaFdscaping requirements. A letter was presented from the Veterans of Foreign Wars, Lee Ruse Post in Carlsbad, requesting a waiver of certain landscaping requirements, i.e., elimination of sprinkler system due to the cost of tearing out the present bl-ack top, and permission to leave the .present planter in front of the building. The remainder of the landscaping will be done in accordallce with the requi rements. of Ordinance No. 9181 a
Mr. Dick Osburn, Building Jnspector, addressed the Council and stated when the V.F.W. moved from the building on Pi0 Pic0 Dr. to their new building on Laguna Dr. they were granted permission to move into the facilities with the provision they would complete the landscaping requirements within six months. At the end of the six month period they were notif.ied they had. not comp7ied. Originally plans were pre- sented for 1andscaping.and parking areas. When the building was under construction they paved the entire parking area and informed the City it was easier, to pave. the entire area and-then cut oufthe -pavi.ngi fo-r the landscaping.
Discussion ensued, and it was agreed that the V.F.W. be contacted to see how the landscaping plans could be worked out, and the matter continued until a re- port has been received from the City Manager,
PARKS AND RECREATION: 1
[ 70 1. (a) Memorandum - re: Report on Surfing Petitio A memo dated March 26, 1963 from the Park and . Recreation Commission regarding a surfing petition
Commission by the City Council on November 20, 1968,
was reviewed, stating the Commission did not feel that it was within its purview to consider an ordinance either prohibiting or permittjng any ;e- creational activity on private or state property.
Cmn. Neiswender stated that these people have a legitimate protest and.the people creating the problems of su.rfing are not. residents .of th.e area in most cases. Mr. Harris of the Terramar AssniS addressed the Council and stated that the Association
from the Terramar Assn., which was referred to the.
.. feels that posting of signs would eliml'nate the out- .-s-i-ders .from 'usi rig -th-i.s-- area--an-d -causing -trouble. If they did, -the residents could call the police, pro viding an ordinance were adopted designating surfing areas.
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Cmn. Neiswender recommended that Mr. Harris meet with Mr. Wilson to see if a solution to the problem can be wrJrked out, and a recornmendation made to the City Counci 1.
Mayor Dunne suggested .that a committee be appointed to stu'dy an area. along the beach for surfing. He was in hopes the PBrks and Recreation Commission
that the Parks and Recreation felt it could not make
any recommendation 'as to State and private property. Mayor. Dunne appointed Cmn. Jardine to set up a comn;ittee to assist him with a study of the surfing areas o
[ 70 ] (b) Memorandum - re: Summer Community Swim Program. ME. Wollrich commented on the memo from th Parks and Recreation Commission dated Mprch 26, 1969 and stated'the City has contributed towards the Com- munity Swim Program for the past two years and, as it is the only activity for girls of all ages, the Com- mission recommended wholeheartedly that funds be provided for this activity.
would make a recommendation.. Mrs. lollrich stated
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Mr. Martin stated that he agreed with a19 the items l'n Mr. Trout's letter to Mrs. Scherr.dated .February
the budget for this .program, .-.
28, 1969, and feels that funds can be provided in
Crnn. McComas recommended that the Council approve the--amount of $70-0-.00 for this year and that funds
~ be budgeted for th'is-program in- the next fiscal-year.
~ Cmn. Jardine stated that the Commission is working with a member of the Parks & Recreation Commission I who is skilled in budget and they will be taking
1 this matter into consideration. I
I By motion of the Council it was agreed that $700,OQ be allocated for the Community Swim Program. Motion .. Ayes 1
1 TRAFFIC SAFETY: I I
[lo31 (a) Minutes of March 14, 7969 - re: Recornrnenda- tions. The Council was informed the minutes were , for i nformati on only.
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. McComas asked if anything had been done in ards to the enforcement of lights dn bicycles. was agreed that the Traffic Safety Commission request'ed .to investigate the matter of lights bicycles at their next meeting and a recommendatis e to the Council at the next Council meeting . following the Commission's meeting,
Cmn. 'Cas tro inquired as to the loading .zones at the
high school, and he was informed they should be
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-completed within--a- few -days. ..
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[loo] (a) Ordinance #I113 - re:.Transient Occupancy - Tax. The following Ordinance was presented increas-
ing the transient tax from 4$ to 5d as requested at the previous council meeting.
Ordinance No. 11 13.. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 3 OF THE -ORDINANCE NO. 1087 REGARDING TRANSIENT OCCUPANCY TAX, was given a first reading by title only and further.reading waived.
[lo71 (b) - Resolution #1604, declaring Council's intention to vacate a portion of public right-of at intersection of Cannon Rd and El Arbol Dr.
Mr. Lill, City Engineer, presented a map indicat the portion of property proposed to be vacated a the following. resolution was introduced.:
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Resolution No. 1604. A RESOLUTI0.N OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING INTENTION TO VACATE PORTION OF PUBLIC RIGHT OF WAY AT INTERSECTION OF CANNON RO.AD AND EL ARBOL DRIVE, was adopted by title only and further reading waived.
[ 80 3 (c) P.roclamation - re: "Public Schoo-Is Meek". Mayor Dunne proclaimed the week in Ca.rlsbad and urged-a11 citizens to reaffirm their interest in the I preservat-ion of America. by helping the public schools
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The following ordinances were presented for the second reading:
Ordinance No. 9229; AN ORDINANCE OF .TH.E CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 CHANGING
R-2 was given a second read.ing by title only and adopted.
kl'Fdjnance No. 9230. AN ORDINANCE OF THE CITY COUdCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN OF PROPERTY LOCATED ON SOUTHEASTERLY CORNER OF
second reading by title only and adopted.
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CERTAIN DESIGNATED PROPERTY FROM ZONE R-1 TO ZONF,
PALOMAR AIRPORT ROAD AND LOWDER LANE, was given a
Or lnance No. 9231. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING 0RD.INANCE NQ.-9060, RE'CLASSIFYING
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FOR C-2 PURPOSES, ON'PROPERTY LOCATED ON THE SOUTHEASTERLY CORNER OF PALOMAR AIRPORT RD. AND LOlnlDER LANE, was given a second reading by title , only and adopted.
Ordinance No. 805FA AN OiDINANCE OF 'THE CITY Of CARLSBAD AMENDING ORDINANCE NO. 8045 REGARDING- .MOVING OR- WRECKING -OF STRUCT-URES, was given a second reading by title only and adopted.
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~. 1 CITY ATTORNEYIS REPORT: I
[41] (a) Automobile Club of Southern California - re: Claim for Damages. The claim submitted by the Automobile Club in the amount of $116.00 for damage resulting from an accident allegedly occuring January 16, 1969-was denied and referred to the City
Ayes Insurance Carri,er.
Motion
[41] (.b) William B. Clayton - re: Claim for Damages. The claim submitted by W. B. Clayton in the amount of $5000.00 for property damage at 2018 Canyon Drive, Oceanside on January 25, 1969 when a hillside slid down onto the plaintiff's yard.was denied and referred to the City Insurance Carrier.
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~ CITY MANAGER'S REPORT:'
j [25] East Carlsbad Annexation No. 2.9. The Local
~ Agency Formation Commission approved the East. j Carlsbad Annexation No. 2.9; 1
Mo.ti on Ayes
[68] League of California Cities Legislative In- stitu'te. The League of California Cities are holding a Mayors' and Councilmen's Legislative Institute in Sacramento, April 14-16, 1969, and they are anxiou-s to have representatives frum each 'city attend,
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Mayor Dunne stated he was planning to attend. Cmn,
Castro indicated ".". he -.- would . try to attend. ..............
[70] Scheduling of use of Holiday Park. As the scheduling of events in Holiday Park is a routine matter, it was agreed that the City Manager .handle the scheduling of events.
AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: ..
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Authorization was given for the payment of bills for the general expenses of the City in the amount of $18,702.35 and for the Water Department in the amount of $7,177.15 for the period March 18, 1969 to Apri.1 1, 1969, as c'ertified by the Acting Director,
of Finance and' approved by the Auditing Committeeo
Ratification of the payroll was given .for the second half of March, 1969 in the amo-unt of $34.,262.95 as certified by the Acting Director of Finance
and approved by the Auditing Committee.
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By proper motion the meeting was adjourned at 11 :20 P.M.
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1 8- PUBLIC HEARINGS: r 2
(b) (Continued) - REbIOVAL OF WRECKED,
a 3 DISMANTLED, ABANDONED OR INOPERABLE VEHICLES. I. 4
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1. Resolution #1600, making findings and
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HELD AT: Carlsbad City Hall, 1200 Elm,
8. Carlsbad, California, Tuesday, April 1,
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1969, at 7:OO P.M.
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INDEX TO WITNES'SES
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4 'Di're'ct 'CX'O 8 8
5
MARTIN, Charles E. 16 8
BALDWIN, william C. 5
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EZELL t Mr. 39
SMITH, Whitney R. 5 13
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14
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'OTHER .PPEAmCES : ' ' PAGE - ADAMS, Mrs. Margaret 2
ASEDO , Ramon D. 2, 4, 15, 18, 21, 28, 31
BALDWIN, William c. 4
BLUM, Mrs. 37
DUNNE, David M. 2, IOT 14, 15, -18, 21, 23, 27, 28 EZELL , Mr. 38
JARDINE, J. E. 11, 30, 49
MC COMAS , Glen E. 10, 32
OLSEN, Lou 41
UNIDENTIFIED WOMAN 41
WILSON, Stuart C. 4, 36, 42, 47, 50
WRIGHT f Dick 47
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25
26 .
PnSr OFFTCR BOX .F81 QCEANSIDE. CALIFORNIA. 92054
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CAFUSBAD, CALIFORNIA, TUESDAY, APRIL 1, 1969, 7:OO P.M.
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(Following the invocation and pledge of allegi the following proceedings were had:)
MAPOW €mm : I .. ~.. now Call. g or & - "" . e ~xecutive c!essian.
(Whereupon the Council met in Executive Sessio
after which the following proceedings were had:)
MAYOR DUNNE: The hour of 7:39 having arrived, the t
is ready for the first item on the Public Hearings.
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MAYOR DUNNE : Go on to the next item on the agenda.
THE CITY CLERK: The next is the matter that was con
from the last meeting regarding the removal of wrecked, d
mantled, abandoned or inoperable vehicles.
MAYOR DUNNE: Now, Mr. Martin, do you have any -- Mr
Asedo, will you take a seat, please? We'll have the foll
procedure, Mr. Asedo and the other gentleman here. We're
going to call witnesses from the City to present addition
testimony. After they have made their presentation, then
Asedo, your client can make your presentation, and you ca
ask any questions you wish to at that time.
MR. ASEDO: I choose to cross examine, Mayor Dunne.
MAYOR DUNNE: You will be allowed to after they have
made their statement.
MR. ASEDO: At the close, I will then be afforded tl-
opportunity to cross examine?
1 PnsT nrrrrm anr ~m ~PFINET~P CAT rmnmm~1. nnnrr
" 0- CERTIFIED SHORTHAND REPORTING SERVICE
k I.r 1 MAYOR DUNNE: That's correct I yes I you will be able
2 ask them full and complete questions on any matter that i
I 3 pertinent to this discussion.
4 MR. ASEDO: Thank you, Mayor. ,r
I '" 7 cut out any side remarks and repartee and strictly go by
5 MAYOR DUNNE: I'd like to state that I want to take
@ tiflQ to d@pyop 811 fasf;@ of this problem. I'd like to
1 81 the business at hand.
i 9 At this time, do you have some witnesses to
1Q present, Mr. Martin?
1 llh i THE CITY MANAGER: Yes, Mr. Mayor.
8 3.2 Since the last meeting of the City Council, tl-
13 Staff has attempted to get as much factual and objective
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to receive.
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have gathered, I think, would be advisable for the Councj 18
audience tonight, and they 're -- the information which tf 17
matter, and our City Mechanic, Mr. Smith, is here in the 33
case, and I believe Mr. Baldwin, who has been handling tl: 15
material together as would seem to be pertinent to this
20 MAYOR DUNNE: All right. Who do you wish to call fj
I 21 Mr. Martin?
22 THE CITY MANAGER: I think Mr. Baldwin should introc
I 23 I this.
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he're? 25
MAYOR DUNNE: All right, Mr. Baldwin, will you come
8 26 After Mr. Baldwin is through -- Normally, Mr.
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h"'lE'' (ml.1'7' r- BOX 581 OCEANSIDE, CALIFORNIA, 92054
me' 1 - 'I' ' Asedo, as you well know, we address our questions to the t 2/
presiding officer, but in this Case, in order to expedite
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you can ask questions directly, if you wish to.
MR. ASEDO: Thank you, Mr. Mayor. 51 MR. BALDWIN: Mr. Mayor and Council, ladies and.gent1
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mobiles, that -- 8
interpret it to mean that if I found an accumulation of a1 7
in accordance with the ordinance as it was presented to mE
9 MR. ASEDO: Mr. Mayor, I'm going to object to any op:
10
Mr. Baldwin is a witness and nothing more. The -- This Cc u
to this body, but this is a hearing as required by the la1 fl
of Mr. Baldwin. I'm sorry. I don't mean to be discourtec
1s cil will make the determinations as to the meaning of the
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and the meaning of the ordinance.
MAYOR DUNNE: Mr. Wilson, can you give a ruling on t
THE CITY ATTORNEY : Yes. Mr. Baldwin's --
THE CITY CLERK: Turn your mike on.
THE CITY ATTORNEY: Yes, Mr. -- I think, really, it
be helpful if I just asked Mr. Baldwin questions. That m
20 I simplify things.
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MR. ASEDO: Thank you, fine.
MAYOR DUNNE: Okay. You do that.
i WILLIAM C. BALDWIN, ' .
25 was examined and testified as follows:
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DCIClP nmclrm nfiY co1 nPWANClnW PA?lP~ltNIA WOC.4
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1 DIRECT EXAMINATION t2
1 3 BY MR. WILSON:
4 Q. Mr. Baldwin, since the last hearing, have you
1 4 reexamined the vehicles in question on the.Dix property?
I 43
Q* Yes. 7
A. In person?
1 8/ A. No.
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A. NO. It was done by the City Mechanic. 10
Q. You have not?
I lP I Q. Who I s that?
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Q. Okay. 13
A, Mr. Smith.
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14 Then, I suggest we have Mr. Smith testify.
15 MAYOR DUNNE : DO you have any questions to ask Mr.
16 Baldwin?
I rn 17
MR. SMITH: Yes, Sir. 19
MAYOR DUNNE : Mr. Smith here? 18
MR. ASEDO: I have none.
1
1 2o I
21 WHITNEY R. SMITH,
22 was examined and testified as follows: 1
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I 9s; RY MR
23
24 DIRl3CT EXAMINATION
-" I __ "__. WILSON:
I 26 I Q* Will you state your name, please?
1 POST OFFICE BOX 581. OCEANSIDE. CALIFORNIA. 92054
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1 A. Whitney R. Smith, better known as Smitty the
2 Mechanic.
3 Q You're an automotive mechanic in the employ of
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the City of Carlsbad?
A. Yes.
6 Q. How long have you be.en in the business of auto
7' mechanicking?
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A. About twenty, twenty-five years.
Q* And did you examine the five vehicles, which are
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property? fl
-- I believe it was five -- five vehicles on the Dix
u THE CITY MANAGER: (Nods head affirmatively) .
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14 BY MR. WILSON:
15 Q. On the Dix property in company with the police
16 officers within the last week?
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A, I did, sir.
MR. ASEDO: Mr. Mayor, if you' 11 excuse me, I would
inquire at this time as to whether this is admissible befo
this body. I would inquire as to the means wherewithal
~r. smith obtained access to the property and the opportun
to examine these vehicles and under what authority.
MAYOR DUNNE: I think the authority is in the ordinan
itself, Mr. Asedo.
MR. ASEDO: I beg to disagree with the Mayor, but
26 your authority --
WIG.. ,",.?7-P? Rns <?[I, n#-R*NS,nE C*,AJFQR*I*, 920s
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I[ MAYOR DTJNNE: We' 11 hear the testimony.
MR. WILSON: Let me develop it further. I think we
can solve the problem.
Q* Did you go on the property with Mr. Dix?
A. I did, sir.
Q* Was he present with you?
A. Yes, sir.
Q. And did you and he go over each car and discus
various aspects of each car?
A. Yes, sir. Yes, sir.
Q* And as you examined each car, did you examine,
in company with Mr. Dix, a Truck Tractor of undetermined
with license No. X45384?
A. Yes, sir.
Q- And did you find that that vehicle was -- or
did you make a finding as to whether that vehicle was
operative or inoperative?
A. It was operative; inoperative for the road.
Q* It was -- I'm sorry. I missed that.
A. Inoperative for the road, but it is operative.
Q. Well --
A. That is, on account of there is no 1969 IiCenS!
tags on it.
Q. All right. Other than the fact that there was
1969 license tag, what did you find with regard to whethe
the car was operative or not?
i POST OFFICE BOX 581 OCEANS-77 ry"7?-\-:~\ cvn.';,
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A. Everything that's supposed to have for a motor
was there, that is, including starter, generator, carbure
spark plugs, wires, radiator, tires inflated.
Q. All right. So, in your opinion, then, you say
that car was operative except for the license tag?
A. Yes, sir.
e What about the Chevrolet panel truck, approxim
1952, license No. FZS 186 , did you make a determination i
regards to that car as to whether it was operative or in-
operative?
A. What was the license number, sir?
Q. FZS 186.
A. FZS 186; the motor is completely out of it and
sitting inside of the. garage.
Q. It had no engine inside the car; is that right
A, No, sir. It was sitting inside the garage, an
man showed me the motor, and the head was off, and he sho
me that he was repairing it.
Q. I see. Did you make a determination with rega
to that car as to whether it was in -- operative or inope
ative?
A. No, sir. All I did was look. I seen the mot0
was out of it. I seen the tires were up; it had the lice
plate on it. All the inside was there except the motor w
inside the garage,
Q. Did you say something about the tires?
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
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A. I -- the tires were up there, sir.
Q. They were inflated?
A. The two back ones were off; they were inside
the garage, but up.
0. I sm. In mgwd $6 khg Ch~ausl~C pmel C~ueli
license E99-992, did you make a determination with regarc
to that vehicle as to whether it was operative or inoperz
A. It is runable.
!?* Runable? So did you find that that vehicle wz
operative or inoperative?
A. It is operative as far as to start, but on thc
highway, no.
Q. In other words, you're speaking now, again , oJ
licensing; is that right?
A. Yes, sir.
Q. How about the 1939 Dodge Pick-Q:, license AUH :
did you make a determination in regard to that car as to
whether it was operative or inoperative?
A. The same thing, sir; it was runable, but isn"
on the road. Everything was in the motor, inside the ca:
that's the only thing you can look at.
Q. Okay. So the only thing that was defective a:
far as you could see about that car was the licensing fe,
is that right?
A. Yes, sir.
Q, . Okay. NOW, going to a Plymouth Coupe, age un
1 wnw nvurrw nny cm nt-wANcrnw ~~rrvn~n~r~ nnnc.
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determined, with no license, did you make a determinatior
in regard to that car as to whether it was operative or i
operative?
A. Same thing, sir, runable; inoperative on the
road. Everything is on the car.
Ob How about a Chevrolet four-door sedanl age un-
determined, no license. In regard to that car, did you n
a determination as to whether the car was operative or ir
erative?
A. A what, sir?
Q* The Chevrolet four-door sedan, undetermined a(
no license?
A. I did not have anything to check on that, sir
Q. In other words, you didn't check.that car?
A. I was not given anything.
Q. Oh, maybe -- I guess that's a different propel
anyway. Okay.
MAYOR DUNNE: Those are only five, I think.
MR. WILSON: That's everything on the Dix property.
MAYOR DUNNE : I think, after you' re through with Mr
Smith, we might have the Council ask some questions.
Any questions by the Council? Do you have
anything further?
MR. WILSON : No.
MAYOR DUNNE : Any questions by the Council of Mr. S:
COUNCILMAN MC COMAS: Yes, Mr. Mayor, I'd like to a
I Pnvr owwrru RnY FUI nruANG1nu rArrrc)tnn* W~LA
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In your determination as to whether or not 2
two questions.
3 these vehicles were operative - and this is in any or all
4 cases - did you check such things as the lights, steering
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1 7 COUNCILMAN MC COMAS: You didn't?
5 mechanisms?
6 THE WITNESS: No, sir.
t 81 THE WITNESS: The batteries were all dead as far as
I 9 ing .the lights.
10 COUNCILMAN MC COMAS: But they did have light assembl
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fx and they were in --
u THE WITNESS: In operative --
13 COUNCILMAN MC COMAS: In what kind of -- And in makir
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gasoline and stuff like that to start it. 17
THE WITNESS : No, sir. Itwould take a new battery ar 16
vehicles? 15
this .determination, did you actually start any one of the:
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COUNCILMAN MC COMAS: Did you attempt to?
THE WITNESS: Did I what, sir?
COUNCILMAN MC COMAS: Did you attempt to?
21 THE WITNESS: NO, sir.
22 COUNCILMAN MC COMAS: Thank you. II
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1 25 you find fan belts in place?
23 MAYOR DUNNE: Any questions? Councilman Jardine.
24 COUNCILMAN JARDINE: Mr. Smith, in these automobiles
I 26 THE WITNESS: Yes, sir.
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POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
A- 'e ; """* "- ""__ """__ "" "" ~.. ~
I Ill 1 COUNCILMAN JARDINE: Did you check for drive shafts t 'pl- and U-joints?
3
4 jack them up, sir. I
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THE WITNESS: No, sir. That would take a jack to do
5 COUNCILMAN JARDINE: As far as you were able to deter
6 there was a brake pedal in place?
7 THE WITNESS: The brake pedal was there and the clutc
8 pedal was there, yes -
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COUNCILMAN JARDINE: Did you try the brakes?
THE WITNESS: No, sir.
COUNCILMAN JARDINE: Did you try the clutch?
l.2 I THE WITNESS: No, sir.
13 COUNCILMAN JARDINE: Clutch pedals?
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THE WITNESS: NO, sir.
THE WITNESS: Yes, sir. 16
COUNCILMAN JARDINE: Tires, you say, were inflated?
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were weeds in close proximity -to the automobiles?
COUNCILMAN JARDINE: One further question: L Did you B 22
17 COUNCILMAN JARDINE: Did any of the automobiles show
28 any signs of having been moved in the recent past, such a!
20 THE WTINESS: Truthfully, I didn't even notice that,
21 sir. I didn't check that.
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look for radiator hoses intact?
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THE WITNESS: They were all intact, sir.
MR. JARDINE: Mr. Mayor, I wonder if Mr. Smith might
1 26 answer this question: Do you believe that you could star
8 POST OFFICE BOX 581. OCEANSIDE. CALIFORNIA. 92054
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each Of the cars by applying a new battery and fillinq ea(
of the automobiles with gasoline?
THE WITNESS: I could start any of them, but I would^
exactly guarantee how they were going to sound.
COUNCILMAN JARDINE: With no further aid than the itc
I mentioned?
THE WITNESS: It may take a little starting fluid.
COUNCILMAN JARDINE: Were gas tanks in place?
THE WITNESS: Well, that's -- I didnl t check the gas
sir.
COUNCILMAN JARDINE: No further questions.
MAYOR DUNNE: All right, Mr. Asedo, do pu have any
questions of Mr. Smith?
MR. ASEDO: Just several, Mr. Mayor, if I may.
CROSS EXAMINATION
BY MR. ASEDO:
Q. When YOU went to the -- this particular Piece
property, did you go alone or with Someone, sir?
A. No, sir, I went up with two other men.
Q. And who were the two other men?
A. It was Captain Rossall and Jim Stachoviak, De'
tive Jim Stachoviak.
Q. And did you contact Mr. Dix there?
A. Yes, they did, sir.
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
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1 Q. And did they ask if they might go aboard the
2 property to examine the vehicle?
3 A. I did not listen to what they were talking
4 to him about.
5
A. Right, sip - 8
Q. All right. You went at the Officer's instruct:
7 MR. ASEDO: Nothing further.
8 MAYOR DUNNE: Thank you, Mr. Smith. That will be a1
9 THE WITNESS: Thank you.
10 MAYOR DUNNE.: Mr. Martin, I believe you were a witne
11 this action; is that correct?
l2 THE CITY MANAGER: I have examined the vehicles in
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question personally, Mr. Mayor.
MAYOR DUNNE: Do you want to take the stand here, ox
ps do you want to sit here? It doesn't make any difference.
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Maybe it would be better here.
THE CITY MANAGER; There comes a question in my minc
18 immediately, of course, as to whether runable, startable
19 operative are the same thing. I suppose we'll get
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into that a little later with respect to the determinatic
of terminology here.
22 It didn't appear to me, of course, as a layma]
23 again, that these cars are operatable, and I -- While I :
24 I great faith in our mechanic, it might take Some time to '
25 1 them in condition to start. Unquestionably, any vehicle
26 I can be put in condition to start --
I .p,m,cr. I-,.~ i".~? Rnv 51 nrEANSlnE rAT.IFORNIA 920.54
3 .e LnnIlplbu dII"IIIIIIXI.Y 1"I ".".... I-". ---
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1 MR. ASEDO: Mr. Mayor, is this soliloquy on opinions
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and counselling to this Council, or is this man a witness
and is he qualified --
MAYOR DUNNE: Well, I think, Mr. Asedo, in this
particular case -- I think we develop these things. We'rc
doing a little discussion, dnd I don't think it's necessa
to abide strictly by court rules of evidence and testimon:
8
right to cross examine him at the time. g
I think we can expand a little bit, and you'll have a ful
10 MR. ASEDO: Well, before I do that, I would like to
11
abide by the rules of evidence, because this man will be u
say this, if I may, Mr. Mayor: That this hearing will
requires that the evidence be c0nsisten.t with that which 16
from him, will -- he will be accorded due process, and th p5
type of a hearing, when you intend to take his property a 14
accorded due process and the law says that this particula 13
17 would be offered in the court.
1% Now, I realize that your general hearings and
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your public hearings stray far from that, but in this cas
22
that. Witnesses are to be called and are to be examined, 21
the law requires it, and I would request that we abide bl
24
evidence is inadmissible. 23
and he's afforded an opportunity to cross examine. Hear!
MAYOR DUNNE: Are you objecting to this as a matter
25 comment or discussion or opinion, or what is it you're 0:
26 jecting to?
I i?,~" IP~v'?' t* : . ("11' C;' CWEANSIIDE CALIFORNIA 92054
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1 MR. ASEDO: First, I would like to have the record
2 clear as to what Mr. Martin is doing. 1s he now acting
3 as a City Manager, or is he called as a witness; and if!
4 he's called as a.witness, could we have his qualifications
b to make this determination?
6 You've already had an individual that I consider
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qualified, who is a mechanic, in fact, testify, and now YOU'
10
not a mechanic, is going to contradict the testimony of 9
going to have Mr. Martin, who, at least to my knowledge, is
that, sir. fl
your own first witness who is qualified? I don't understa~
l.2 MAYOR DUNNE: Well, let's -- Mr. Wilson, would you lil
13
Asedo, please? 14
to ask questions of Mr. Martin and clear the air for Mr.
15 MR. ASEDO: Thank you, Mr. Mayor.
16
17 CHARLES E. MARTIN,
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was examined and testified as follows '
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DIRECT EXAMINATION
22
Q. Mr. Martin, you are not an auto mechanic, are 23
BY MR. WILSON:
24 A. No ,. indeed.
25 Q. And you do not hold yourself out as an expert
26 witness in that field?
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A. Not in that field.
Q. However, you did observe these cars, which we'T
discussed; is that correct?
A, The Mayor asked me what I saw. I 'm trying to
comply with this -- with this request.
Q. Did you notice anything in regard to these
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cars regarding the foliage or weeds, which were or were n
present?
9 A. I did. The ones in question appear to have be
110 there for quite some time.
fP Q. When you say that, do you make that judgment b
U on weeds or what?
13 A. Weeds, the -- Since the rains have grown, the
14
of knowing how long they have been there? 17
Q. All right. Now, do you have any -- any way 16
these cars have been stationary, so it appeared to me. 15
weeds -- since the rains came, the weeds grew and obvious
1% A. I wouldn't want to testify to that. Having
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them have been moved from place to place, some of them 01 22
particular vehicle, because I have observed that some of 21
period of a year, and I'm not qualified to identify any 20
heard complaints, I went by to look, but this covers a
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23 1 some additional ones moved in, and this is about the extc
24 I of it, SO I couldn't testify with respect to any particu:
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as these cars are concerned in this examination within t
Q. So the extent of your testimony would be as f 26
vehicle.
POST OFFICE BOX 581. OCEANSIDE. CALIFORNIA. 920%
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I 1 last week, that there were weeds growing up around the cax
Q 2 1 is that correct?
1 3 A. Correct.
4 e. DO you have any other information which YOU CO~
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6 A. I think that would be the extent of it, except
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perhaps if we got into an area of rebuttal.
MAYOR DUNNE: Do you have any questions? 9
MR. WILSON: All right. That's all.
10
fP Martin on this matter?
Do the Councilmen have any questions of Mr.
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Apparently not.
Mr. Asedo, do you have any questions?
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MAYOR DUNNE: All right. Do you have any other witn 15
MR. ASEDO: No questions, Mr. Mayor.
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THE CITY MANAGER: I believe not, Mr. Mayor. 17
any other testimony, Mr. Martin for the City?
18 MAYOR DUNNE: Mr. Asedo, do you wish to make a state
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wish to make a statement or bring up any matters? 20
or ask for anything -- Do you have any witnesses, or do y
21 MR. ASEDO: Yes. I wish to inquire of several thins
22
that can answer the particular questions I have. 23
if I may, of the Council inasmuch as this is the only bot
24 I would ask if any member of the Council, Cit]
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members of the Carlsbad Police Department to trespass on 26
Manager or the City Attorney directed the -- any of the
8 DAcT nrrrru RnY FILI nrRANsmE. CALIFORNIA. 920%
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the property of Mr, Dix in order to examine the vehicles:
MAYOR DUNNE: That's kind of a leading question, isr
it, Mr. Asedo?
MR, ASEDO: It's a direct question, Mr. Mayor,
MAYOR DUNNE: When you say "trespassing", we're not
admitting we trespassed.
MR. ASEDO: All right, sir, I'll change the word
"trespass" to "go onto the property".
MAYOR DUNNE : Okay. Thank you.
Who are you directing this question to?
MR. ASEDO: To, as I said, any member of the Counci:
the City Manager or the City Attorney.
THE CITY MANAGER: I'll be glad to answer that, Mr.
Yes, on the advice of our City Attorney, who
assured us that under the terms of the ordinance, proper
City officials had the right to go onto the property and
investigate the situation, the Police Department was reqx
to accompany the mechanic and assist him in inspecting ti
vehicles in question.
MR. ASEDO: And it's pursuant to this particular Sec
4 then, I guess, Mr. Wilson, that these officers were di~
to go onto the property; is that correct?
THE CITY ATTORNEY: I'm not sure what the section nl
is, but there is a section number in the ordinance relatj
to -- Yes, it appears to be Section 4.
MR. ASEDO: It is that particular section? That
particular section, as I read it, says, "In the enforceme
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
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enter upon private or public property and examine, I' et cete~ 2
of this ordinance, that such officer and his deputies may
3 I et cetera, "and remove --'I I question whether or not it
4
public nuisances within this ordinance? .8
within this, in other words, they've been classified .. as 7
been a determination that the particular vehicles fall 6
them the right to go aboard the property before there's 5
is the position of the City Attorney that that also a$f6Yds
9 THE CITY MANAGER: May I read Section 4, Mr.. Mayor,
10 so everyone in the audience as well as Mr. Asedo --
11 MAYOR DUNNE: If there's no objection. You have no
u objection, Mr. Asedo?
13
administered and enforced by the City Manager. In the 16
provided herein, the provisions of this Ordinance shall be 15
THE CITY MANAGER: "Section 4: Except as otherwise 14
MR. ASEDO: None at all.
MR. ASEDO: So I would inquire again whether-,it's th 23
to this ordinance .I' 22
of a vehicle or part thereof declared to be a nuisance pu 21
the identity of a vehicle and to remove or cause the remo' 20
vehicle or parts thereof, or obtain information as to 19
may enter upon private or public property to examine a 18
enforcement of this Ordinance, such officer and his deputj 17
24 I position of the City that-that particular section affordE
25
the owner to examine vehicles prior to any de.termination 26
them the right to go aboard the property over the protes+
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POST OFFICE BOX 581. OCEANSIDE, CALIFORNIA, 92054
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MAYOR DUNNE: Sounds rather -- Sounds pretty straight 3
THE CITY ATTORNEY: That's correct. 2
and enforcement?
4 forward to me, Mr. Asedo.
5
respect your opinions in this matter; but I have to 8
MR. ASEDO: Well, that may well be, Mr. Mayor, and I
7
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differ with you. I -- In reading the various statutes,
"enforcement" to me implies something entirely different,
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so I just wanted that clear for the record.
MAYOR DUNNE: I'd like to ask you, Mr. Asedo, how WOL
you enforce a statute unless you had the right to go
on the property and examine these vehicles?
MR. ASEDO: Well, I' 11 answer that, Mr. Mayor, because
I think it's pertinent to what I'm going to say anyway.
The -- A determination could well have been
16
property that the City, pursuant to this statute under th6 26
they could then give notice as to the particular pieces 0: 25
a further determination as to the particular vehicles so 1 24
that's criminal as well as civil, to go in there and make 23
ed that, they W0U:ld have all the authority necessary, becz 22
wise, that a public nuisance existed, and having once detc 21
lar vehicles were dismantled, inoperative, wrecked, or otl 20
proper testimony, without finding out whether these partic 19
In the first place, this Council could have, ux 18
properties. 17
made in this case without the necessity of going onto theE
Pnw nwurru Rnx <PI nruAiv'E1nu rAriunnNrA wnu
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Vehicle Code, intended to remove, and that wouldn't have
required a determination in the first instance as to
whether any of these vehicles were operative or not.
I might further suggest that the Health Depart
ment can send its officers into any piece of property
to determine whether there is a health hazard, and there
are various other agencies that can go onto a property.
The Fire Department can go on there and determine whether
or not this is a fire hazard.
In other words, within the definition set out
in the statutes of the State of California as to what con
tutes a public nuisance, each of these things becomes per
and each of the administrative agencies that handle that
particular aspect of it have authority to go on to any
properties to make this determination. Thereafter, of
course, it's necessary to single out the pieces of propel
that you intended to deprive the owner of. You could
then -- You have the authority for the enforcement of thj
statute to go on and make these determinations. That's
my position, limited to that question that the Mayor put
to me.
I would suggest for the record that the evider
- the testimony, in other words - of the City Mechanic i;
improperly before this Council inasmuch as the officers (
over the protest of Mr. Dix - I can call the officer, if
wish; if you choose to accept my word for it, you may - (
DT\ER. T\Rnl,.n DAY rn. #,,._.XI"" _..." ".1. ^^".
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. to believe that a misdemeanor was being committed or that 2
there was nothing at that time that would give them reason
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a felony had been committed, which would allow them otherwi;
to go onto this property, and I suggest this statute certai:
doesn't afford them that right. Certainly, at this stage,
would aslk $he Csuwell a? ehig +im@ whethey, between the
termination of our last -- of this particular hearing
and today the. Council had, in any other session, made a
determination that these vehicles did constitute a public
nuisance.
MAYOR DUNNE: Are you asking that a question of the
Council?
MR. ASEDO: Yes.
MAYOR DUNNE: No, we have not.
MR. ASEDO: All right. In such case then, I feel that
there was no authority for these officers to go into that
-- onto that property. There are proper procedures for
doing that. We have now -- Now, we have directed the
Police Officers to go out and check it. I have no real
objection - and this is for the record - to the findings
of the City Mechanic. I think he has -- He is the City's
witness, and I think that he is exceedingly competent in hi
field. He indicates that each of the vehicles, with one
exception, and that is the one that's being worked on, is
operative. No one has suggested - Mr. Baldwin or any other
witness - that any of these vehicles are wrecked; they are
I POST OFFICE BOX 581 OCEANSIDF CAI IFORNIA 09KA
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2 to do with this particular statute.
3 I'd like to call the attention of this Council
4 one thing: In the large frame of those things which may
8 constitute a public nuisance - and that's a vast number of
Q
Motor Vehicles singled out those things over which they hz 8
.set forth what a public nuisance is - the Department Of 7
things which can be determined from these code sections tk
9, 1 control, and that happens to be vehicles, and they thereaj
10
You may enact an ordinance which will give you and p5
particular code section, as a City Council, to remove it. 14
four things listed, you have the authority under this 13
and you then determine that those vehicles are one of the l.2
a public nuisance and that thing happens to be vehicles, 11
taking control of that, said, "When you find something is
16 grant you that authority," but it comes from the Californ
17 Vehicle Code, and that code is subject, of course to the
181 laws of the State of California and just covers one small
19 I part of what constitutes a public nuisance. That does nc
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as far as vehicles are concerned. 22
statute, did not intend to define for anyone a public nui 21
define in any sense -- the legislature, when they made th
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24
that are inoperative, et cetera, et cetera, et cetera, a: 25
That statute doesn't say that cars -- vehicles on proper1
I 26 public nuisances, by no means.
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.3i"iE" I") - ? 'o"'7 'I*ChY 5:"' Ol'P ANSIInE CAT.1FORNIA 92054
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CERTIFIED SHWK'I'HANJJ nLrvn I uxu .,-I.. luy
2
1 First, it must be found within the meaning of
2
been no testimony to establish any one of the various point 3
' public nuisance that they are a public nuisance. There's
4
tion of public nuisances to establish that this -- these 5
that were read to this Council last time within the defini-
Q I cars in any way constitute such a public : nui s ance .
bir I 'Furtherl we find there's nothing before this
8
public nuisance, they fall within this particular statute. 10
presence of Mr. Dix that would show that even were they a g
Council that's been testified to in my presence and the
11 Your own witness last time, Mr. Baldwin, testif
= that they were intact; they weren't wrecked; they weren't
13 I dismantled; they certainly weren' t abandoned; and he could
14 I really tell whether they were operative or not.
15 Now, you have a mechanic that says they are
le operative with the exception of the one that Mr. Dix is wc
17
18
On*
Now, it is not my intention to be difficult whc
19 come before this Council, but we're talking about the ri?
20 of an individual to his property. I can appreciate the r:
21
vehicles on their property, but that doesn't in and of it 25
vehicles, YOU may take exception to someone having these 24
zone, a nice neighborhood and your esoteric delight. is no 23
property. I would suggest that perhaps if you live in an z2
of other individuals to the peaceful enjoyment of their
26 i make that a public nuisance. We have in an R-1 zone an
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
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kinds of equipment in and out of there, workmen working in 3
I've ever seen. It's used as a workyard; they move all 2
old reservoir No. 2, which is the biggest bucket of worms
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and out of there; there's dirt all over the place and it's
an eyesore,right in the same R-1 zone.
Now, that's maintained contra to the ordinances
of the City by the City, but people understand, of course,
you have to have some place to. do this work. It's a conve
ient thing.. Pipe is stored in there; there's no water in
there. It has no business being in that condition, but I
11 don't know if anyone has complained about that.
I2 What I'm further concerned about is this parti(
13
before this Council openly and before Mr. Dix have not 26
testimony, in effect, from people who have never appearee 25
Council, whether the remarks, the statements, to-wit, 24
have brought pressure to bear one way or another on this 23
articles, and which, seemingly, as I read them, certainly 22
-- whether you have. been influenced by the varous newspap 21
mine if they, as -- and you're sitting as a jury, in effe 20
examined each member here on voir dire this evening to de 19
making complaints to them about various things, and if I pa
the residents are constantly in communication with them 17
of Carlsbad - that their constituents, the members of thi: 16
-- Naturally, within any city and particularly a city the p5
due process. I suggest that each member of this Council 14
lar hearing. The nature of it that's required here requi!
POST OFFICE BOX 581 OCEANSIDE. CALIFORNIA, 92054
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influenced each member of this Board, whether your own
private feelings, your own particular tastes are not in-
fluencing you and whether you really can, as a jury, with
the scope of this law which you enacted in a sense as a 1
lative body within the California Vehicle Code, can now r
a decision, confining yourselves to just exactly what YOU
hP5Pd bra gram <he two witnesses that weive had, in effec
that have testified to anything that's material, and if
you're confined to that, how could you rule otherwise at :
point in time, but that these vehicles do not constitute i
public nuisance, because you have a complete absence of a]
testimony to the contrary, and they do, not fall within th:
statute in any event, because of a complete lack of evide~
to the contrary.
MAYOR DUNNE: Do you have anything else, Mr. Asedo?
MR. ASEDO: I have nothing else at this time.
MAYOR DUNNE: Would you like to answer any questions
that the Council may have?
MR. ASEDO: I would be more than pleased to, if I car
MAYOR DUNNE: Anyone have any questions of Mr. Asedo:
(Negative indication by all councilmen).
I think I asked you a question before at the la
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again: If somebody brought a bunch of old cars on propert 25
I think you answered it, but I'd like to have you repeat i 24
hearing, Mr. Asedo. In your opinion - and I'm speaking -
26 next to yours, say five or six or a half a dozen or more,
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POS? oirrcr RnY co1 nPnaXrLICIn- ...
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in your opinion, wouldn't that constitute a public nuisance?
MR. ASEDO: All right, Mr. Mayor, I'm going to answer
that. I'm glad you asked that question again. I. treated it
lightly last time for a reason. 'I though4 it Vag EO appaY@Y
on the face of it that we weren't within the statute that
it didn't call for any serious answer.
MAYOR DUNNE: I'd like to have a serious answer now.
MR. ASEDO: ~ll right. I'll give you a serious answer
Mayor Dunne .
There are many things - many things that .distr@s
me, but always, I try to keep uppermost in my mind the
rights of others, and simply because a -- several vehicles,
antiques in nature, whatever be their condition, were place
on properties adjacent to mine, across from mine so I had '
view them, I wouldn't consider them a public nuisance with
the meaning of the California Code, no; I couldn't, and I
don't say that because I'm an attorney, and I have any --
and that I'm any more astute than any one of the gentlemen
sitting here, by no means. Any one of these men may well
called upon to act upon instructions from a judge at any
time which sets forth what the law is, and you apply the
facts. It's a fact-finding board. The law is clear. I
would -- I might do all sorts of things. I might go over
and punch him in the nose. I may go over and try to talk
him into taking these vehicles off of the piece of proper
but whatever I might do, sir, I could not in good conscie
POST OFFICE BOX 581 OCEANSIDE. CALIFORNIA, 92054
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within this statute, and, therefore, I would be bound to'do 3
nuisancel and I could not in good conscience find that it w, 2
within the meaning of the law, find that it was a public
4 nothing that would in any way affect his property rights,
5 because I would seriously fear that he might go to the --
6 these courts who perhaps have a lessor understanding, but
7
recourse .against me for taking property w'ithout due process 8
take a rather stringent view of the law, and.seek some
9 Now, as I say, I can sympathize with those
10
of Carlsbad that looks like an oversized outhouse, and it's 13
viewed a building down by the supermarket in the middle m
own hangups about what is distasteful. I have, for years, 11
people who find these vehicles distasteful. We all have OL
nothing. 24
finding out what they could do about it, and they could do 23
to bear and considerable time and effort was put into 22
property rights, and apparently much pressure was brought 21.
being put in at that time, but she had certain inalienable 20
for a City of Carlsbad, as beautiful as the other things w( 19
no indoor plumbing, and this I didn't think was appropriatt 18
her bucket to the faucet, because evidently there was 17
years, and I used to watch a little old lady go out with a6
community, but it's stayed there for years upon years upon 15
a distressing thing to see right in the middle of that 14
25 NOW, we have the same sutation here. If YOU ha
26 recourse - and there may be recourse -.then I would sugges
WQ'. n 7.7 CE BOX 581 OCEANSIDE, CALIFORNIA, 92054
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~~~
IVIIIIII-I.Y ACYL "tt1.iNl.j 3PIKVIL;PI
that the Council pursue it, but it isn't here, and this i:
what we're here tonight to concern ourselves about, a stat
that this Council enacted within the authority granted to
it by -- under the California Vehicle Code, which is a
legislative enactment and within the framework of the law
of California, which comes from the various statutes, to-w
the Civil Code and the Civil Code of Procedure.
So I think it highly inappropriate that I shoul
to this Council one way or the other, but I have said no,
could not find it a public nuisance, no way.
MAYOR DUNNE : Thank you, Mr. Asedo.
COUNCILMAN JARDINE: Mr. Mayor, I have a question of
Mr. Asedo.
Mr. Asedo, there are probably two or three
people in this room who are adequately skilled in the use
of what we call the law, and I think we've seen a good demo
str-ation of that here this evening, but I'm a layman. I
understand the mechanics of the law to a .fair degree, but
I think we have the basic question here this evening as
to whether the vehicles in question are or are not in fact
operative. Now, we have heard the testimony of a man who
is a mechanic, and by your own words an acceptable mechanic
for the purposes of you and your client, say that the vehicl
are operative, but still there has been no e5fort.to see to
it that the vehicles are indeed operative. Now, obviously
what I've j.ust asked you doesn't make any sense to you.
POST nuurru pny cox nn- % -
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MR. ASEDO: None whatsoever, Mr. Jardine.
COUNCILMAN JARDINE: Let me finish.
MR. ASEDO: Thank you.
COUNCILMAN JARDINE: From a lawyer's point of view, i:
there any need to attempt to operate the vehicles?
MR. ASEDO: Mr. Jardine, the witness that you are
speaking of was brought here on behalf of the City. In
these cases, the burden is upon the moving party, to-wit, t
City, to provide this Council, which purportedly, as a
hearing body, is unbiased, unprejudiced and strictly imparl
- they will hear the evidence and they will make a determir
of fact. I think the law is quite clear. I will reiterate
for your benefit, because apparently I wasn't heard,
that it is not material really whether these vehicles are c
erative or not operative, because, first, you must find thc
they constitute a public nuisance before they even come wit
in the California Vehicle Code Section, and, to-wit, the
foster child, this particular ordinance.
Now, assuming, for the purpose of argument, that
you found that this was a public nuisance, on what evidence
I do'not know, because there's been none, then you have to
determine whether they're operative.
Now, these several words are not words of art
in reality, and they're conjunctive; they're not disjunctiv
and you'll read them with a clear mind, you'll see they
talked about wrecked, dismantled, inoperative and abandoned*
mnp nP,vrrT unX 581, nrrA\V?~, PA"P09VTA, WnV
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Now, that's a junk yard, Mr. Jardine, unequivocally. Tha
isn!e ~mml ~d~iel~ coiiipl&fy :,tact A& af~ the!,
parts to them, all their tires inflated, which all they
need is a battery and some gasoline, and your own witness
says he can run them off. They're unlicensed, but it
doesn't say "unlicensed" in here. Licensing has nothing
do with this statute whatsoever. Whether they are capabl
of being operated or not is a moot point, because the bur
is not upon us to show anything. Whether they are capablt
of being operated or not really is another way of saying T
ther they're operative. He has said they're operative. :
not going to argue with him. I agree with him they are.
I know, as a matter of fact, on what I consider reputable
opinion of a qualified expert that they are indeed operab:
and I would suggest in a very short period of time, with '
exception of the one that is being worked on, we could
drive them all right down here so you could look at them.
COUNCILMAN JARDINE: Thank you.
MAYOR DUNNE: Any further questions?
COUNCILMAN MC COMAS: Yes. Mr. Asedo alluded to anti
automobiles. Are you saying that these are antiques per 5
MR. ASEDO: Well, Mr. McComas , in looking through thc
magazines that the -- these particular type of buffs buy,
read and digest, under the column of antiques, I see'everl
up to and including 1948 and '49. I don't know where, in
common parlance, antique ceases and old car begins. They
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1 certainly are rare items today. I think they 've reached
9
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2 such a point of rarity to be intact in this good condition
3 that they can -- that they fall in that category that the
4
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-- these old car buffs will call antique, and they bring a
pretty price when you start to purchase those vehicles.
6 You don't do it on a blue book basis, so that's why I used
7' that word, because you will find them listed - cars much mo
8 recent vintage than these under the heading of "Antiques".
c
9 COUNCILMAN MC COMAS: One other question on that, and
,IO
in the Motor Vehicle Code of antique vehicle, and a special 15
I may be wrong, but am I not right that there is a definiti
1 U licensing procedure?
13 MR. ASEDO: In order to operate it on the public
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14 highways, yes, Mr. McComas, and that is only in order to
15
ing because they otherwise don't conform to the standards c 16
operate it on the public highways. You have a special lice
the modern vehicles as required by the California Vehicle 17
I: 18
the road. 19
Department, but that is only when you want to put them out
8
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MAYOR DUNNE: Mr. Asedo, just as a matter of curiosit] 21
COUNCILMAN MC COMAS: Thank you. No further questions
22 has Mr. Dix worked on these cars himself, personally, as a
I 23 1 hobby?
I 24
25
MR. ASEDO: He has indeed, Mr. Mayor.
MAYOR DUNNE: Is this a pastime with him, or does he
I 261 do it for a business purpose? I I
D,,E.r ,,F_." "Y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~ ~ ~~ ~
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MAYOR DUNNE: Yes. 2
MR. ASEDO: YOU mean is this a commercial venture?
3
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MR. ASEDO: Well, as he told the gentleman that,
strangely enough, the next day after we closed our meetin<
here, came up to him and said, ''1 see those cars out there
This man is probably close to fifty-seven, fifty-eight
years old, and he said, "I'd like to buy one so 1 could
repair it," and as Mr. Dix told him, "They're not for sal€
9 and it doesn't need any repair. 'I
10 He does the work himself; he trades back and fc
13
dentist, and numerous other.people in the Carlsbad area, 1 u
with other buffs like Dr. Leffingwell of Encinitas, the
13
MR. ASEDO: Not -- There has been no profit. It's 15
MAYOR DUNNE: Does he do this business for a profit? 14
think.
16
behold, we have found one. 26
for a 19 -- I think it's a '43 Jeep carburetor, and, lo ax 25
officers here tonightl-as been really searching high and LC 24
years of going through catalogs to find as one of the 23
that car in that year, and that sometimes takes a couple ( 22
to put something on that isn't in fact what was made for 21
words, apparently it's -- it's not -- you're not allowed 20
has everything on it of the original vintage. In other 19
and they've got a shiny new car there all squared away ant 18
at least from my observation - is when they're all finisht 17
strictly -- I think the gratification of this type of worl
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
.I), w 1 1 MAYOR DUNNE: Does he -- Does he trade and sell thes t 2 thinqs for Cash or turn-in, us how does he do it?
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3 MR. ASEDO: Well, he has not thus far made a commerc
4
made a considerable investment in acquiring the vehicles. 5
venture of it. He's realized no profit out of it. He he
i 6 I think that probably would --
7 MAYOR DUNNE: You realize, of course, that this woul
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9 MR. ASEDO: Totally aware of that, Mayor Dunne, and
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MAYOR DUNNE: So he's never sold or traded for profj 14
in a commercial venture. 13
in a commercial venture, that he is not in any sense invc E3
probably was attempting to determine whether he was invol fl
why I say to you, as he indicated to the gentleman that I
8 15
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of these vehicles.
MR. ASEDO: Not in a commercial sense, sir.
I l7 I MAYOR DUNNE: Has he ever applied for a business lic
I 143 on this?
19 MR. ASEDO: He needs no business license, Mayor Dunr
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sold any and there is no evidence that he has. He's got
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or selling these cars. He doesn't advertise and hehasn'l 21
and you know that. He's not engaged in the business of 1
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these several vehicles, and he will continue to work on 1
. if he sells one for a profit, that's still, sir, within i 26
that time with his personal property is entirely up to h: 25
till he gets them to where he wants them, and what he doc
1 POST OFFICE BOX 981 nrFANSlnu rAT TUnPNlA mnc~
m, 0 ~~ I I 1 laws, doesn't constitute a commercial venture necessitatinc
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31 MAYOR DUNNE: Well, that could be subject to debate, 1
4 we won't go into that.
§ MR. ASEDO: I don't think it's within this particular
Q statute.
7 MAYOR DUNNE: Any other questions? All right, at thi
8 time, that will be all then, Mr. Asedo.
9 I 'd like to ask any member of the audience that
10
any letters on this, Mrs. Adams, on this matter? 13
wishes to make a presentation on this matter, and do we ha
E2 MR. ASEDO: I will object to any letters, Mayor Dunne
13
the right of due process under our constitution. 17
so that we may cross examine them. . Otherwise, you deny hi 16
if they have -- want to come in here and testify, fine, 15
examine those persons, those persons writing those letters 14
because it does not afford Mr. Dix the right to cross
18
THE CITY ATTORNEY: It is true that Mr. Asedo does hi 19
MAYOR DUNNE: I'll refer that to our City Attorney.
20
propose to allow him that privilege, then the original te: 22
face witnesses who are presented against him, and if you ( 21
the.right on behalf of his client to cross examine and
23 mony should not be entered.
24
written letters, unless we have the individuals here and 25
MAYOR DUNNE: All right. We will not have any htte
I 26 is available for cross examination.
8 POST OFFICE BOX 581. OCEANSIDE, CALIFORNIA, 92054
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Is there anyone here in the audience who wishes
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~ to make a statement or give a presentation on this matter:
Apparently not.
Do you have anything else, Mr. Asedo?
MR. ASEDO: Nothing else, Mr. Mayor.
MAYOR DUNNE: Public hearing is closed.
All right. We'll have a discussion.
WOMAN IN AUDIENCE : Mr. Mayor, I 'm sorry. I think yc
people have talked so fast that we're left here in the 11-11
but we are .here about this particular case and we'd like 1
our feelings.
MAYOR DUNNE: Well, there's no question we can reoper
the hearing if we want to.
MR. ASEDO: Mr. Mayor, I think that we understand pel
haps we can spend a lot of time here and I'm sure Mr.
Wilson can amply advise the Council that the feelings of I
various people is not material in this type of a hearing
if they can testify.
MAYOR DUNNE: Whe.ther or not, we will hear them, Mr.
Asedo. Thank you.
MR. ASEDO: For the record, sir, I will object to an]
thing other than testimony that will go to this statute ar
to this law.
MAYOR DUNNE: You may do so.
MR. ASEDO: Thank you, Mr. Mayor.
MAYOR DUNNE: would you like to make a presentation?
POST nwvlr?z nfiv CO? n~~~~,~.~- -
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1' MRS. BLUM: Yes, I would, sir.
~ My name is Mrs + Blum and I'm very nervous. I 'I
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not used to this type of thing, but I'd like to state my
feelings. I'm a resident in the local area. I live at 1'
Buena Vista Way, and I have observed this property for
quite a long time, and it is quite an eyesore, plus a haz,
I feel, to school children. I, myself, personally, on twc
occasions have taken it upon myself to tell little childrl
to get away from that -- those cars, otherwise they'd get
and I didn't -- That's about the extent of,pu know, what
said, but it has looked terrible. I live there, so it
does affect me, and I don't see where Mr. Asedo says that
the people live there doesn't -- it doesn't concern them,
because it certainly does. We're all concerned.
MAYOR DUNNE: Thank you.
Do you have any questions, Mr. Asedo?
MR. ASEDO: None whatsoever. I ask the entire testi
mony be stricken as not being material. I also ask it be
stricken on the basis that 'we are all concerned' connotes
that she is talking about others, and that is hearsay.
MAYOR DUNNE: I think that this will be a matter tha
we'll include in the record:, Mr. Asedo.
MR, ASEDO: Thank youl Mr Mayor
MAYOR DUNNE: Any other -- Anybody else in the audie
anybody else that wishes to make a statement?
MR. EZELL: I'd like t.oisay a word,
Pnw nwwrrr RnY 9111 nrwdwcTn= FA^^^^^^^. Ann-.
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MAYOR DUNNE: Yes, come right up.
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and what I have to say Ii iL~e;ifWnt to the case( toof as fa .J
MR. EZELL: My nm,e is Ezell, and I live at 2835 Wilson
4
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as the law is concerned, but it is a hell of a sight up
of the hill right above my house. That's all I have to say 10
they're a pile of junk sitting right up there on the side 9
rest of the junk. He might describe them as-antiques; but 8
I would have went downtown somewhere and moved in with the 7
have went to the expense of buying a home in a R-1 zone. 6
there, and if I wanted to live by a junk yard, I wouldn't
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MR. ASEDO: I'd like to ask Mr. Ezell --
MR. EZELL: All right. Howdy. All right.
141
EXAMINATION
15
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BY MR. ASEDO:
Q. Mr. Ezell, you said if you didn't want to live c
18 there next to the various vehicles, you would have moved
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downtown with the rest of the junk.
A. No, I didn't say that.
Q. Those were your very -words.
A. No, it wasn't my very words. I didn't --
MAYOR DUNNE: I don't believe he would have said
that, Mr. Asedo. I think you might have to rephrase that.
MR. ASEDO: Maybe the reporter can read back what he
26 I said-
L- ion<- n77rr7 -,nx VT OCEANSIDE CALIFORNIA, 920%
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1 (The testimony was read by the reporter in the area
B 2 of Page 39, line 8.)
1 3
4 BY MR. ASEDO:
8 5l Q. Those are your words, Mr. Ezell.
8 Q
MAYOR DUNNE : They' re in the record. 7
A. Okay, they're my words.
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Q. All I'm suggesting is now you tell me 10
BY MR. ASEDO :
8 11 what do you mean you would move downtown with the rest of
8 w the junk.
13 A. If I said that, what I meant to say was I would
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expense of going out there. 15
have moved there originally. I wouldn't have went to the
Q. . Moved where originally? 10
1 x7 I A. Anywhere that had a good junk yard that 1 could
I 18 have looked out my back door and have seen.
19 Q. I see. You equate these several vehicles to a
I 20 1 junk yard, sir?
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A. I would say they are from where I sit.
i Q. Can you see the old reservoir No. 2 from where
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A. It happens to be just a little higher, and on 24
sit, sir?
top of the hill from where I sit. 25
1 26 I Q. Have you ever gone over and looked at it?
I POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA, 92054
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CERTIFIED SHORTHAND REPORTING SERVICE 0;
1 A. No, I run along the roadside. It doesn't 1001
9 much better.
3 UNIDENTIFIED WOMAN IN AUDIENCE: Yes, sir, it does.
4 It has a nice fence and oleanders all around.
5
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MAYOR DUNNE: Please, no remarks from the audience.
MR. ASEDO: For the record, I find no merit in Mr. 1 8
MR. EZELL: Yes, Sir. 7
MR. ASEDO: I have no further testimony.
9 testimony relative to what's before this particular Counc
10 MAYOR DUNNE: Thank you, Mr. Ezell. Anyone else wi!
11 to -- Mr. Olsan.
E2 MR. OLSEN: My name is Lou Olsen, and I live in Car:
13 I've been to many Council meetings, and this is the firs.
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Council meeting I ever attended which turned into a cour'
law, in essence.
MR. ASEDO: Mr. Mayor --
MR. OLSEN: I thought we had -- I have the floor.
MR. ASEDO: You have the floor until I make an objel
MAYOR DUNNE: Mr. Asedo, if you will, listen to thi:
witness and then we will let you have the cross examinat
MR. ASEDO: For the record, sir, when I request the
attention of the Mayor, I would appreciate. being heard.
is a court of law. We are taking a man's property, and
to be heard on the basis I wish to interpose an objectio
I MAYOR DUNNE: Mr. Wilson, do you have any questions
1 any comment on this?
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POST OFFICE BOY <QI nfr&hrcrrr-
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1 THE CITY 'ATTORNEY: . No, I would suggest probably
2 the best thing to do would be to allow Mr. Olsen make hiE
3 gtat8lMnks ad &ken let Mr. Xsedo make whatever objectior
4 may have.
8
MR. ASEDO: May I ask a furthefquestion, Mr. Mayor, 6
MAYOR DUNNE: That sounds proper to me.
7 Mr. Wilson?
8 Mr. Wilson, do you feel it appropriate he be a
9
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ed to testify before this same body that has got to make
MAYOR DUNNE: Let's not have any interchange of 20
MR. ASEDO: I beg your pardon? 19
courts of law and it's been accepted for a long time, rig: 18
I believe Mr. Asedo will agree this has been tried in the 17
because I'm going to talk about economic obsolescence, an 16
MR. OLSEN: I would like to take exception to that, 15
MAYOR DUNNE: We will be the judge of that, Mr. Ased 14
matter? 13
conclusions and they're his own particular feelings in th u
when they're not material, they're not pertinent, they're 11
a ruling here and otherwise influence them with his remar
21.
Address your remarks to me. 22
conversation between the witness and the attorney, please
25
the City Ordinance for their efforts to keep Carlsbad beal 24
MR. OLSEN: I would like to support the City Council 23
I'm in the real estate business, and I 'm only 26
and to keep it clean.
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cluttered properties such as this were with surplus , materi 4
many comments about many buyers in showing properties that 3
Carlsbad every day. I'm all over this town and I 've had 2
telling you this from the standpoint that I get around
laying around the yard - and in every case, they were turn 5
Q down, because of the nature of this type of thing, and I'm
7 not Speaking from a personal standpoint having lost sales,
8 or anything like that, but I'm giving you a trend of
9 what happens when you show real estate to people in our Ci
14) In my business, this is called economic obsolescence, and
21
trend which indicates declining public acceptance, so as 1 16
threatens the value of the property; it creates a marked 15
and to the community; it's a transitional use which 14
or real property. It's a relationship to the neighborhood 13
been an accepted factor of what happens to real estate u
this has been tried in courts many,many times, and it's
there's a barbed wire fence going arond it, and if 1 25
zoned as such? I saw thi.s property several times and 24
a danger hazard; does it enhance the property, or is it 23
answer to what compromises an antique. Does it create 22
' point of antiques, and I would question Mr. Asedo's 21
economically justified, and someone brought up the 20
or is it a health hazard; is it safe or is it usable; is : 19
answered. Is it justified, or is it a public nuisance, 18
see this thing, there are many questions that remain to bc 17
1 26 remember right, the fence is about fourteen to eighteen
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msr OFFICE BOX 581 OCEANSIDE CALIFORNIA. 920%
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I inches apart, just strings of barbed wire, and the kids,
2 or anybody else, can get under that fence like nothing.
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' over this entire acre or two, or whatever comprises the 4
There is nothing to keep them out, and they can wander
land and get to the cars that are not too far from the
I 6 fenced area.
7 I have had several experiences like this. It's I 8 1 a detriment to the community, and as far as I'm concerned
1, 9
Thank you. 10
- and I didn't coin the word - but it is junk.
1 IP I JQwIR DwNE: Do YOU have any questions of Mr, OLsen,
I p2 Mr. AsedO?
l3 MR. ASEDO: Yes, I do. Would you -- Are YOU talking 1 141 about economic obsolescence; is that correct, sir?
1 15
MR. ASEDO: Real estate man? le
MR. OLSEN: Uh-huh.
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17 MR. OLSEN: Uh-huh.
18 MR. ASEDO: What happens in an all-white neighborhood
19 when one Negro moves into a house? DO YOU have economic
I 2o I obsolescence?
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21 MR. OLSEN: Mr. Asedo, I 'm not as glib as you are,
22
it as a resident, and I'm only protesting from that standpoj 25
that's laden our community in Carlsbad. I don't like 24
citizen of Carlsbad discussing junk yards or litter 23
and not an attorney, and I'm only here as a public
i 26 1 at this time.
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0, CERTIFIED SHORTHAND REPORTING SERVICE
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1 MR. ASEDO: Would the Mayor direct him to answer the
2
her@ to h@ZY CeBkimony and evidence material to this. 8
a hearing where we hear various people complain. 'We are 3
question, Mr. Mayor, if it please? This is~not; in effec
6 MR. OLSEN: To answer -- All right, I'll answer your
6
MAYOR DUNNE: Just a minute. Would you like to ansb 8
MR. ASEDO: I 've asked a question. Y
question.
9 his question?
10 MR. OLSEN: Certainly, I will answer it, Mr. Mayor.
11
Mayor? 17
MR. ASEDO: May I ask that he answer the question, P 16
it is, and that's my job, and I do it. 15
'to their needs financially, sizewise, acreagewise, whateT 14
into my office that wants to see something that's fittins 13
licensed, show property to anyone and everybody that wall l2
being a real estate broker in the State of California, dt
1%
MR. ASEDO: Yes, as an astute real estate man in 20
MAYOR DUNNE: Would you repeat the question? 19
MR. OLSEN: What's the question.
2%
MR. OLSEN: No, sir. 26
ever? 25
MR. ASEDO: It does. not depress the land values wha, 24
MR. OLSEN: No, sir. 23
creates economic obsolescence? 22
an all-white neighborhood, when one Negro moves in, this
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MR. ASEDO: NOW, sir, do you know whether any of thc
2 cars are inoperative?
3 MR. OLSEN: No, sir. I do know, however, that then
4 an Oklahoma license plate on one car that I saw, and I
b don't know that it's ever been registered in this State.
Q I don't know how it got there; all I could see was Oklai
7 license. It was a black and white plate.
8 MR. ASEDO: Do you know..whe.ther they're inoperative
9 MR. OLSEN: No, sir, 1 did not enter the property.
143 MR. ASEDO: You did not enter the property?
11 MR. OLSEN : No.
u MR. ASEDO: You have nothing material to Offer in t
13 way of evidence as to what is before this Counsel, other
14 your feelings?
15 MR. OLSEN: I wasn't offering that type evidence.
3.6 MR. ASEDO: I would ask that his testimony --
17 MAYOR DUNNE: Let's confine this to questions and
18 answers instead of repartee.
19 MR. ASEDO: I was asking questions, sir.
20 -MAYOR DUNNE: ~ll right. Let's have the question.
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MR. ASEDO: May I ask that his testimony.be stricke
not material?
MAYOR DUNNE: I think it's pertinent and I believe
Mr. Wilson will agree. I think it is - I believe, if I
correct, Mr. Wilson, - trying to show that there's a
nusiance factor involved.; is that your opinion?
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MAYOR DUNNE: I think.it is pertinent, Mr. Asedo. 2
'THE CITY ATTORNEY: Yeah, that would be satisfactory.
MR. ASEDO: Very well. I just want it for the record
4 Mr. Mayor.
1 51 MAYOR DUNNE: Anyone else?
1 Q
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MR. NRIGHT: I have a question.
MAYOR DUNNE: Would you come up here, please?
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8 MR. WRIGHT: My name is Dick Wright. I've just recen
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and license in 'the State of California? 17
Is he a licensed mechanic, licensed for both smog, brakes 16
an individual, I'd like to question his actual qualificati 15
the mechanic - I don't know him; I've never met him, but a 14
vehicle-it must be a legal vehicle to be operable , and 13
When they say inoperative, is this -- to be an inoperable X3
says inoperable vehicles. NOW, mostly, just a question: 11
nia only three years, but it's one question in this: It 10
moved to Carlsbad. In fact, in January, I've been in Cali
1% MAYOR DUNNE: I think we've discussed his qualificati
19 Maybe you weren't here at the time.
I 2o I MR. WRIGHT: I was here.
I 21 MAYOR DUNNE: I believe we've admitted, more or less,
22 Mr. Wilson, that he is qualified; is that correct?
I 231 . .
THE CITY ATTORNEY: Yes.
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checked. I feel you must check the lights and brakes. I 25
'' MR. WRIGHT: Well, I feel the vehicle is not properly
am, myself a qualified mechanic. I feel qualified, twenty 26
i nncm nvnrr., ..A" ". nom ._CI..,. ,.. -."-..,1 L ^*".
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I three years With International Harvester, a dealership.
2 MAYOR DmNE: Your willing to volunteer your services L -L .*
3 1 for that purpose?
4 MR. WRIGHT; Yes, I feel -- I hold both. I have
t5
a safe vehicle is an operable vehicle. 6
California light, brakes and smog license, and I feel only
7
MR. ASEDO: We would like a termination of these 9
MAYOR DUNNE: Would you be willing -- your client be
8 willing to allow him to check that from that standpoint?
10
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proceedings, Mr. Mayor, and I think he's entitled to it.
14
expert witness. Is it now the position of this council 13
carried over one week. We have heard what we agreed was an I2
It's an expensive process for Mr. Dix. The matter has been
we are going to get another expert witness to impeach your
15 first expert witness?
16 I think that is highly improper in any proceedinl
17 MR. WRIGHT: I'm not saying the mechanic is not qualifi
18
MAYOR DUNNE : Okay. Thank you. 20
determine these vehicles were operable. 19
I'm only saying that I do not feel he checked sufficiently 1
21
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Do you have any questions of him, Mr. Asedo?
23
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EXAMINATION
25
Q. I only want to know have you examined the vehicle 26
BY MR. ASEDO:
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Q. YOU can offer nothing in the way of material
evidence to this meeting?
A. Only I feel it is not sufficient evidence to sho
they are operable.
Q. Other than your opinion, you have nothing to off
in the way of material evidence: is that correct?
A. Yes.
MR. ASEDO: All right. Nothing further.
MAYOR DUNNE: Thank you very much.
~ll right. I think the public hearing is now
at an end. We'll have a discussion of the Council.
et's take about a five minute break here,
(Whereupon a short recess was taken, after
which the Council resumed its hearing at 8:47 P.M., and the
following proceedings were had:)
MAYOR DUNNE: Council come to order, please. Please
take seats.
Is there any discussion by the Council?
CO.UNC1LMAN JARDINE: Another question of the attorney
for the City, Mr. Mayor?
MAYOR DUNNE: Yes.
COUNCILMAN JARDINE: Mr. Wilson, there's been some
confusion this evening relative to the question of whether
or not a public nuisance has to be found before the matter
I POST OFFICE BOX 581. OCEANSIDE CAl.lFORN1A 09KA
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on our finding that these vehicles should be removed becaL 4
Does the question of the public nuisance have any bearing 3
or inoperative, and in this casel inoperatiye, DQQ the ?I
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of whether or not vehicles under discussion are operative
of the fact that they are inoperative?
gl THE CITY ATTORNEY: In this regard, yes, if you make
TI a finding that -- that you find an accumulation and
8
9.
'storage of abandoned, wrecked, dismantled, inoperative
then you have at that point found sufficient for you to ta 10
vehicles, or parts thereof, et cetera, on private property
11 action within the meaning of this section of the ordinance I
p2 and the public nuisance aspects follow along.
13
THE CITY ATTORNEY: Uh-huh. 14
COUNCILMAN JARDINE: Follow?'
15
16
COUNCILMAN JARDINE : Not precede?
17
THE CITY ATTORNEY: That's right.
COUNCILMAN JARDINE: Thank you.
le I MAYOR DUNNE: All right. Any further discussion?
19 I MY further discussion? Hear a motion?
26 COUNCILMAN JARDINE: Mr. Mayor, I'll move for the
21
Further reading waived. 24
Removal of Vehicles and Parts thereof as Public Nuisances. 23
Council of the City of Carlsbad making Findings and Orderil 22
adoption of Resolution No. 1600, a Resolution of the City
25 COUNCILMAN NEISWENDER: Seconded.
26
1600, a Resolution of the City Council of the City of
MAYOR DUNNE: Moved and seconded we adopt Resolution.
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and Parts thereof as Public Nuisances,. 2
Carlsbad making Findings and Ordering Removal of Vehicles
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s THE CITY ,ATTORNEY! Lek me inquLe, gentlemen: DO
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f.ive vehicles we discussed tonight.,:plus the -- the 6
you wish to include in the five -- in the Resolution the
Chevrolet four-door that was on the other property?
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THE CITY ATTORNEY: Do you intend to fix any administ 8
MAYOR DUNNE: I think this was listed.
10 MAYOR DTJNNE: I think "none" is the answer.
11 THE CITY ATTORNEY: All right.
p2 (Whereupon roll call was taken of the Council,
9 ive costs, or do you want to put "none" in there on page 2:
13 with five aye votes. )
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MAYOR DUNNE: Five ayes, no nays; resolution is Carrie
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Pfiw nuvrpr PIIY Cnl -.._.....
~-~.. - ""."I
I , W' e B I 1 w STATE OF CALIFORNIA)
: ss. 2 COUNTY OF SAN DIEGO)
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I, MARTHA-L. DIX, Certified Shorthand Reporter, duly
licensed by the State of California, do hereby certify:
That I reported in shorthand the proceedings had at
the City Council meeting of the city of Carlsbad, Californj
held as herein indicated on the 1st day of April, 1969; thz
my shorthand notes were later transcribed into typewriting
by me, and the foregoing transcript contains a full, true
and correct record of the proceedings had at said meeting
regarding the matter indicated.
DATED at Oceanside, California, this 4th day of April,
1969.
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' ' ,217 @&; -.. .' ,qj q/ X / L? :
/* , J,
/MARTHA L. DIX, %SR L
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