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Home My WebLink About1964-03-17; City Council; Minutes. I 4 ',\' 8' i CITY OF CARLSBAD '\ ' ' : Minutes of CITY CCUMCIL (Regular meeting) i ', \, '1 i Date of Meeting: March 17, 1964 ! Name '\, 4 ; Time of Meeting: 7: GO P. M. ; of \5 : Member ': I !""""" Place qf """"" Meeting: """"""""""""""""""""""""""~""""""". Council Chambers : ROLL CALL was answered by Councilmen McPherson, : ! Guevara, Bierce, Neiswender and Hughes. Also present i i were Interim City Manager Wilson and City Clerk Adams.1 1 INVOCATION was offered by Rev. Warren of the Carlsbak ! Union Church. ! [ ALLEGIANCE to the Flag was givpn. % I I I I I '\ =,"., '\, I \, '\,'\, ? I I 0 I I I 6 l t I I I I : APPROVAL OF MINUTES: ! I I I 1 I ! (a) Minutes of the Special Meeting of February 27, 1964, i McPherso J were approved as submitted. : Guevara I I I I I i Bierce 1 I i Hughes I : Neisw end€ I I I i Cmn. McPherson stated he would like to make a stateme& ; and wished it to be made a part of the Minutes, that the : i statement made by Cmn. Bierce "no doubt Mr. McPhersdn ; was absent obviously under orders", was a deliberate lie,! i as no one gives him orders. t ! I I I i (b) Minutes of the regular meeting of March 3, 1964, i lkPhers* I I Bierce : were approved as submitted. : Guevara I I t 1 I I : Neiswende i Hughes I I 1 I 1 $ I I : Employment of interim City Manager. ! i By motion of the Council it was agreed that the Council go! McPherso : off the agenda. ; Guevara I t I I I i Bierce I i Neiswendc * I i Hughes * I I I I Cmn. McPherson and Guevara asked the reason for the i : change in the order of business. i Cmn. Hughes stated due to the fact Mr. Wilson is back- i i logged in his work at this time, he would like to direct ; : By motion of the Council it was agreed that John J. : McPhersc i Mamaux be appointed as acting City Manager. i Guevara I 8 I I I I I : the hiring of an interim City Manager. ! I I ? I I 1 I I i Bierce I : Neiswendc I I i Hughes I I L I : Prior to the vote Cmn. Guevara stated he had nothing i i against the man himself, however, he felt this matter : : should have been deferred until the new Council was in i i office. i Cmn. McPherson stated he voted "no" not because of the ! I man, but due to the procedure. He questioned why he wai : hired without a personal interview. : Mayor Bierce stated he had interviewed him, and Mr. i I I I I I * I * I I I I I I 1 Mamaux is present and will answer any questions. I I I I I I i Mr. Mamaux stated he submitted his resume and would b< ; happy to answer questions. I i Cmn. Guevara asked Mr. Wilson if he had placed an ad I i in the Vliestern City Magazine for a City Mamager? I Mr. Wilson stated he took it upon his own to advertise : : for the betterment of the city. e. I I I t I I I I I 8 I I I 8 I I I I I I I i I ! I 1 I I J I I i -2- t' , b, ', .%, ', " I ' '. '\ '., 6 '8 ' I I ', '+, : of . ''0 ' blame' '8 "$ \' \ I \ .- I f Member ~"~""""""""""""""""""""""~"""-"""""""-"---~"-~---""---- I Cmn. Guevara stated he felt this was irregular a;; the I I i Cauncil had not authorized this expenditxc-e. ! i After further discussion, Mr. Marnaux was asked to take i : his place at the Council table. I 1 .. COIZRESPC.NDENCE:. I I I ! (a) James -W. Bratton, et al - re: Request to deny re- i i classl: i :Bratton, Moe i ; Mogg, Dorothy K. Ebright, Edward G. Hagan and Ethel : ; lr. Hagen, requesting the Council to deny the reclassificaf : tion applied for by David E. Baird to 13-T, as such class- : i ification would not be in the best interests of the adjoining! : properties, which are presently developed as single family i residentual 3-1-15. They also pointed up the danger of i : zone reclassification by published advertising ab@, as i i they had no knowledge of this proposed zone change until i ! March 4, 191;4, which was after the hearing. I : The Council requested this matter deferred until later i i on the agenda when the ordinance would be up for a second: I reading. 8 I I I I s 8 I I I I 0 I I I 1 I I 8 1 1 I 'I t I I I I I I 1 I t : (b) City Employees Association - re: Municipal Civil i i Service €or City employees. Letter dated March 11, 1964: i from the President of the City Employees Association, I i requesting the City Council to consider the adoption of an i I ordinance which would place all city employees under i : Municipal Civil Service. They further stated they would : 3 be most happy to meet with a committee appointed by the I : Mayor to discuss this matter. I I : Mayor Bierce appointed Crnn. Neiswender and himself to : i meet with the City employees committee. I I ! (c) John 13. Slater - re: Request for public hearing. ! : Letter dated March 11, 1964, from John D. Slater, re- : i questing a public hearing before the City Council, in aceor$- : ance with Section 2.45 of Ordinance No. 1040. I + 1 By motion of the Council it was agreed that an adjourned I McPhersol : meeting be held on Vi ednesday, March lS, 1964 at 7:OO : Cucvara i IF". M. : Bierce " I I I 8 I I I I I I I I I t I , I Neiswende: I I i Zughes I I I 8 i The Mayor announced that the hearing would be held in i : the Council Chambers, as this is the place designated for ; I Council meetings. i PUBLIC ZEARING: I 4 1 I 1 I I I e l I I I I i I (a) Fieclassification of property located on the Northvest ! : ccrner of Garfield Street and Cherry Avenue, Lot l3 in : I %lock 1 of Palisades. Applicant: Iriugh ?:x. Mason. i The Clerk certified as to proper notice having been pub- i : lished. i &solution No. 337 of the Flaming Conr\_nisr,io~ was pre- ; I sended wherein they recommended apprc-Tel of the request: i ed zone change. I I i Letter dated March 14, 1964, from IE1.g-f" X, Mason was i : presented, requestlag the Ccunci.1 tc:, refer tc bj.s letter i i of March 1, 1964, vrhzrein hc explained his plans for im- : : provement cy!. his nro?erty. iie b2.s exp.!.a.i.ned his plans i i to the ac?jzcer?,t property m-r;rn;::rs arid -5h.eJr have approved. : ; He further stated ~112 tc tI;.e ~~?mx~-is c; his medical prac-i I ! I -.- r I I I t I 1 I t I I I I I 1 e I I 1 I I ,' , \.\ I '\ ', 1 I I I 'N, "\,", 88 I 8, I ', t I '8 '\\ '\, I i Na me '*, '\$ 1 ; of '\$$ f 4 1 I I 1 - 3- I ; ;"""""-""""""-"""-""""".."""""""""""""""~!"."""""."~ ! Member * 1 I I 1 : tice he may be unable to attend the meeting of the City I i Council, and would be very grateful for the CouncilTs 1 I : consideration and favorable action in this matter. I I i The Mayor announced the Council would hear from all : i persons wishing to speak in opposition to the proposed : i reclassification. e I : MAJCit S. P. RCTI, 3525 Garfield, stated all the properFy ! owners adjacent were not contacted. Over a period of 13 ; i years he has watched and read, and determined that the i : desires of the individual property owners have been over-: : he does feel that individual desires should be considered. : i Everything they have is rapped up in their home. This i : area was 3-1 when they purchased the property, and then : i it was rezoned 8-2. Me invited the Council to see what i ! this K-2 zoning has done to thS area. Off-street parking ; i is a problem. # ! MIZ. HUGH NiISON, stated he could not illusidate too i I much on the request. Rhen he stated he contacted the : i property owners he did contact the property owners on i i the side of the property and the adjoining property owners; i This property is located on the corner. ile plans to 1 i renovate the present house and build a duplex on the Cherdy ; Street side of the property. 1 i As there were no other persons desiring to speak, the i i Mayor declared the public hearing closed at 7:40 P. M. i ! i The City Planner presented a map of the area showing the: ! present zoning. The Planning Commission is considering! i adopting a Resolution of Intention to rezone all of the area: 0 1 I I I t I I I * I 3 I looked, He is certainly for progress and growth, how eve$ I I I 1 > I I 4 4 I I I I , ; to R-3. I L I I i Cmn. Neiswender stated Cherry Street is very congested. i : There are places provided for parking, however, they are: i not being used. 4 I I I I * 4 i Cmn. aughes stated the R-2 Zone was placed on these i i p,arcels - as a buffer zone between i3-1 and 8-3. i After further consideration the following resolution was i ; presented: I I : Resolution No. 991. A AESGLUTICN OF THE CITY i COUNCIL OF TiSE CITY GF CARLSBAD ANNOUNCING i ; FINDINGS AND DECISION iZEGARDING CHANGE: OF ; McPherson 1 ! ZONE CLASSIFICATION OF CERTALR3 DESIGNATED : Guevara i : PRCPEitTY IN THE CITY @F CARLSBAD FRBM I Bierce i ZONE 8-2 TO ZGNE 3-3, was adopted by title only and: Neiswenderj : further reading waived. : Zughes : The following ordinance was presented for a first reading:: : Ordinance No. 9161. AN O&DINPJSCE OF THE CITY i I OF CARLSBAD AMENDING BSDWANCE N8. 9060, i McPherson : CHANGING CERTAIN DESIGNATED PZXCPERTY F~OM i Gxvara I i ZONE E-2 TO ZONE R-3 IN THE CITY GF CARLSEAI3,Bierce I i was given a first reading by title only and further reading i Neiswenderi ; waived. : EIughes I I i Cmn. Guevara inquired as to why oral commLznications ! : had been omitted from the agenda. He asked the City I i Attorney if this did not have to be made a part of the i agenda. ! I The City Attorney stated oral communications is one of ! ; the orders of busimss, however, it does ndt say it has i i to be made a part of the agenda. 1 I I I I I I I 1 I I 8 I I I I I I I I I 1 I 1 I I I t * I I 1 I I 1 I I 1 I 1 I I I I I I I I I I 0 * 1 I i 1 I t I I I I I I I I I I I I I 8 i I ! I I' , '\ .* '\ '\ I k I I I I I I I I '\\ '\ '8, '\ I -4- I '\ , ', \ ' '\ I I Name 'x '\$ I ; af '+\! I : Member ',L t' I k '\ '\ 8, '1 I '0 I :"""""""""""""""""""""-"""""""-""~""*"""~"""""""-~ I I MR. JOHN BUiUtIS, reporter for the Blade-Tribune i newspaper, stated he would like to express the thanks and: : appreciation of the press for the copies of resolutions and: 4 ! ; JACK KUSCTA, stated there are a number of people I I 1 ; SO that the people on the outside can hear, or that the I r meeting adjourn to another building. I I i Mayor Bierce stated this is the regular meeting place. i : The Superintendent of the school district was quite dis- i i turbed about' the building that was used the other night. i : The City would like to have a P. A. system. I l I Mr. Kubota stated he would try and locate one. I I : A short recess was called at 7:55 P. M. The meeting t I i reconvened at 8:05 P. M. I I I 0 1 ordinances they t'eceived tonight, 1 i standing outside, Ne suggested that provisions be made i k I I I I I * t I e I + I I I * 1 I k * I I I k I I PLANNING: I I I I 1 I t a i (a) Memorandum from Planning Commission - re: Street! i opening for the center lagoon area. Memorandum dated i i mending that the Council revive the adopted plan and direct : the Engineering Department to advance this project, as ; i on March 10, 1964, a public hearing was held for the re- : ; classification of approximately 3 acres of property located i at the end of Harbor Drive and adjacent to the Agua t : Hedionda Lagoon. A circulation plan was adopted and the I i Engineering .Department was directed to place this project! : on their list of work to be done, with no progress to date. ; i In November, 1962, all but one owner was interested in i ; dedicating property necessary for the street opening. I I : A plat of the area was presented for the Councilrs review. : : By motion of the Council the Engineering Department was : McPherson i instructed to proceed with the necessary programming fori Guevara I this particular area as to surveying, etc. : Bierce I March 13, 1964 from the Planning Commission recorn- ! I I 1 I I I * I 1 I I I i Neiswender t I ! Hughes 1 4 1 I I $ i k : ENG.INEEXTSJ@: i t I I I i (a) Street vacation for a portion of Vilalnut Avenue. Some-: i time ago Mr. Shivers requested a street vacation for the i : northerly IGI of Walnut Avenue. Street improvements : i have been constructed for one-half of the block. The : engineering has been completed for the proposed vacation, ; i and a resolution has been prepared stating the intention of i : the Council to hold a hearing. : The following resolution was presented for the Council's ! i consideration: I I I I I I I $ I I I I I I I I I Resolution NO. 998. A RESOLUTION DECLARING THE i i IBTENTIOM OF THE CITY COUNCIL TO VACATE A iMcPherson :PORTION OF PiiALNUT AWNUE IN THE CITY OF 8 Guevara i CARLSBAD BETEEEN CERTAIN DESIGNATED POINTS;: Bierce I :AND ESTABLISHING A TIME AND PLACE OF HEAit- I Neiswende: 0 i ING, was adopted by title only and further reading waived.: Hughes i (b) Approval of finai map for Kremeyer subdivision. t The final map for Kremeyer subdivison was presented. ! 8 I % 1 I * : The City Engineer reported improvement pla& had been I i submitted and approved and the subdivider had executed i ! an agreement for the improvements. I I I I 1 I I I I I I I I 1' , \ .8 ', ' I I 8' I -5 - I 8, , '\ I ', ', ' I , 8 't I I I I x, \',\\\ '., I I I Name '\,'4 I ; of '3 I I f I ~"""""~"""""""""""""""""""""""""~""""""-~"""""""- : Member I I 0 i The City Engineer's report was given. Ze pointed out thebe i would be an off-site drainage easement acquired, I I I I I d ; The City Attorney stated there is a center lot, which is : I to be used for a park. He suggested that deed restriction; i be placed on all the lots, subject to the City Attorney *S ! I approval. I I i By motion of the Council the final map of Kremeyer subdii McPhersol : vision was approved subject to deed restrictions and the i. Guevara i acquisition of an off-site drainage easement. t Bierce 1 1 I t t I I t 1 Neiswende * I : I Hughes I i (c) Acceptance of easement - re: James F. Brandau and i : Oceanside-Carlsbad Sportsman Club. Additional easeme4ts I have been acquired in connection with the sewer line along t the Agua Hedionda Lagoon. The City Attorney ,i"ecommen4ed I that the Council accept the easa ents and itistrtict the City I Clerk to Y'ecord the documents. ! ! ! By motion of the Council the easements were accepted an4 McPhersor I the City Clerk instructed to record the same. : Guevara t : Neiswende i (dl Terramar Sewer District - Proposed Assess. District ; No. 2-1964, 1911 Act Proceedings. The Council was in- [ ! formed a petition bearing ?O% of the property owners ap- I : proval for sewers in the Terramar area has been receive4. i Since receiving the petition additional letters of approval : : have been received, making approximately 75% of the i i owners consenting to sewers for that area. I 1 i A map of the proposed district was presented for the : Council's review. I I ; After further consideration, by motion of the Council the i McPhersol ! following resolutions were adopted by title only and : Guevara : further reading waived i Bierce 1 1 I I I I I i Bierce I I i Hughes I I I I t I I 4 I I I t 1 I I I i Neiswende I Resolution NO. 999. A RESOLUTEN OF THE CITY i i COUNCIL OF THE CITY OF CARLSBAD APPROVING i i PETITION, proposed Assess. Dist. 2-1964. t I i Resolution No. 1000. A RESOLUTION OF THE CITY i : COUNCIL OF THE CITY OF CARLSBAD REQUESTING i i @PINION OF HEALTH OFFICER, AND DECLARING : : THE: NECESSITY OF INSTALLATIGN CF SANITARY i i SEWERS, proposed Assess. Distr. No. 2-1964. I I I I I 13ughes I I I f I 1 I I I I I i Resolution NO. 1001. A ~~ESOLUTICN OF THE CITY i i COUNCIL OF THE CITY GF CARLSBAD APPOINTING 1 i PERSON TO P&EPABE ALL PBCCEEDINGS, Assess. : : District No. 2-1964. * I ; Resolution NO. 1002. A RESCLUTIGN OF THE CITY i i COUNCIL GF THE CITY OF CA2LSBAD APPOINTING i : PERSGN TO ACT AS ENGINEEa OF WORK, DESIG- : r NATING ENGINEER OF WORK AS THE PEIZSGN RE- i : SPCNSIBLE FOR PREF'FM.ATION OF THE ENGINEER- : i ING DOCUMENTS, ASSESSMENT DIAGRAMS, ASSESS- i i MENT ROLL AND WARSEANT; DESIGNATING THE I i ENGINEER OF WORK TO SUPERVISE ALL WORK; i APPOINTING ENGINEER CF Vc'0RK AS THE SUPERIN-: ; TENDENT OF STREETS AXD FIXING ,COMPENSATION: : FOi3 SERVICES, Assess. Dist. No. 2-1964. I I I I 4 I 0 t I 1 I I I I I I I ! i I I ',\', \' , ' ', I I I I I 8, '\ ', '\ I -6 - ', *\\'\\ ' t '\ ! ! '\\ '. ; Name ', .? I ! of '3 i Member ,! :""""""""""""""""""""""""""""""""-"""""~"""""""-. I I I I I ! I I Resolution NO. 1003. A RESOLUTION OF THE CITY : 1 COUNCIL OF THE CITY OF CA2LSBAD DIRECTING i ' 0 i i PREPARATION OF PLANS AND SPECIFICATIQNS AND1 I DESIGNATING ENGINEER TQ PREPAikE: PLANS, I I t Assess. Dist. No. 2-1964. i (e) Engineerrs Report. Mr. Thomton, Assistant Enginee4, i stated they were in hopes of having a progress report on : ; the Engineering work €or this evening, however, Mr. i i Rathbun is ill, and they were unable to complete the repo&. I I * I I I 1 i NEW BUSINESS: t I I I I I I b t (a) Ordinance No. 9160, granting right on certain propertiy i to grow, sell and resell at wholesale and retail flowers, i ; plants, etc. Mayor Bierce stated approximately two year% I ago the former City Attorney was instructed to prepare : ; an ordinance which would allow the owners of the Hummel! : Exotic : Gardens the right to grow, sell and resell at 1 i wholesale and retail flowers, plants, etc. This ordinancd i has been prepared for the Councills review: I I # I I I I i Ordinance No. 9160. AN ORDINANCE OF THE CITY i : OF CARLSBAD GRANTING RIGHT ON CERTAIN DESIG~ i NATED PROPZRTY TO GROW, SELL, AND RESELL i McPhersor : AT WHGLESALE AND RETAIL FLOWERS, PLANTS, i Guevara i HQRTICULTURAL PRODUCTS AND RETAIL MERCHAN; Bierce : DISE, was given a first reading by title only and further I Neiswende i reading waived. ; Hughes : I (b) Transfer of funds - re: City "Ips. Due to the annex; ! ations, new maps are needed for the city. It is estimated: I it will cost $290.83. These maps were not anticipated ; : at the time of the budget, therefore, there are not sufficiqnt I funds in the Engineering budget to take care of this item. ; : If the Council agrees these funds could be transferred fro$ i the Contingency FZrnd to the Engineering budget. t I i By motion of the Council authorization was given to trans: McPhersol : fer $290.83 from the Contingency Fund to the Engineering: Guevara i Fund for the preparation of new city maps. i Bierce I : Neiswende I I I 1 I t I I I I I I I Hughes I I i (c) Ratification of Change Order #2, Joint Sewer Project I : due to unavailability of scheduled pipe in the amount of : i $434.70. Mr. Wilson informed the Council this item was 1 : received too late for the previous agenda; however, in : i order that the work would not be held up the Change OrdeG I was executed, and he would like to request that the Council 1 ratify the execution of the Change Order. ? i By motion of the Council execution of Change Crrder 02 ! McPhersot : for the Joint Sewer Project was ratified, in the amount I Guevara ; of $434.70. : Bierce 1 ! Neisw ende 4 I I I I I I 1 I i 8 Hughes I I i (d) Approval of Change Order #4 - Dept. of Special Dist- i : rict Services, The Department of Special District t I i Services have presentGd a change opder for the Joint : Sewer Project, which will make an increase of $4, 872.09; i This increase actually concerns a change in quantity of I : items used. Mr. Wilson recommended approval of this ! i change order. t I i By motion of the Council the City Manager and the Direct: McPhersol : in the amount of $4, 872. 09 on behalf of the City of i Bierce ; Carlsbad. : Neiswende ! ! I I @ I I I I ; or of Finance were directed to execute the Change Qrcier t Guevara 1 I I Hughes I I I i '%, '\ .' *8 ' 8 I I ', q, \., I 8 I '\, \\\\\\ I I Name X\ .:! \\, '\ ' I : of q I I 1 -7- ~""""""""""""""""""""""""""""~""""""""~"~""""""". : Member j (e) Fixing Salary for Acting City Manager. Cmn. Hughei ; stated he would like to recommend that =Acting City i : Manager's salary be set at $850. 00 per month, as this wag i the amount he received at his previous position as City i i Manager. I I i Cmn. Guevara asked if Mr. Mamaux was agreeable to i : ; Mr. Mamaux stated this amount would be satisfactory. I : By motion of the Council the Acting City Manager was i McPherso i allowed $850.00 per month as salary. ; Guevara I I Neiswende 4 I I t 1 0 t I t I I this amount, I s I I t I I I t I I I I 3 i Bierce I t ! Hughes ! I : (f) lieappointment of Department Heads. Cmn. Hughes ! I suggested that all department heads be reappointed with i 1 the exception of the Director of Finance, as he felt the ! I office ofDirector of Finance was unnessary, and that the i i City Treasurer was qualified to take over these duties. ; i Cmn. Guevara stated he felt Mr. Scholink had done a fine i ; job. i Cmn. McPherson, addressing Cmn. Hughes, stated a few! : days ago you held a meeting with the Department Heads i i and informed them that no one would be fired. i Cmn. Hughes stated Cmn. McPherson misunderstood himi i he said at present. I I i By motion of the Council it was agreed that all Departmen) McPherso : Heads be reappointed with the exception of the Director of: Guevara : Finance. i Eierce I I L t t t I I I I I I t I I I I I I I t Neiswendc I I i Hughes I I I I # I I I i UNFINISHED BUSINESS: : Mayor Bierce informed the Council he had asked Mrs. i i Adams to list all items under Unfinished Business that I ! were instructions by the Council from previous meetings. i i (a) Second reading of Ordinance No. 9158, reclassifying i i certain property from Zone Et-1 - 15 to Zone R-T. ! Applicant: David Baird. Letter from James W. Brattod, i et al, was reviewed again, wherein the adjoining property: : owners requested the Council to deny the reclassification,! i due to the fact they had not been aware of the proposed : : zone change at the time of the hearing. I I ! MR. KEN EBMGHT, 4444 Highland Drive, stated he was! i representing the property owners who signed the petition. I i The reason there was no opposition at the time of the i i hearing was due to the fact these owners were not aware ; ; of the proposed zone change. If nothing else he hopes i : that this points out the danger of just publishing notice ; i instead of notifying by mail. In most cases there is a I : buffer zone establisned in this area and no sewers as yet.: ; this matter should be held in abeyance. ! I I I I I I. I 8 I i As long as the city is having a Master Plan study made i 4 I 1 0 I I I i Cmn. Guevara stated after looking into this area more : : thoroughly, he felt Adams Street should be the buffer, i I therefore he would have to reverse his decision. 8 I I $ I ! i The following ordinance was presented for a second read-i ; ing by the Council: I I * I ! t I I 4 I I I I I a I' I 8, '\ '' '\ ' 1 '\ '. '> I \\ \\,'\. ',, l 1 '\, '\ 'X, I i Name '\,'\$ 1 ! Qf ''3 I I -8- 1 t : Member :"""""""""""""~""""""""""""""""""""""""~~""""""" i Ordinance No. 9158. AN OSDINANCE OF THE CITY i i OF CAELSBAD AMEHDING ORDINANCE BO, 9060, i McPhersol i CHANGING CERTAIN DESIGNATED PECPERTY FlZOM i Guevara I CARLSBAD, was given a second reading by title only and j Neiswende I adopted. I Hughes i (b) Second reading of Ordinance No. 9159, reclassifying J I certain property from Zone R-1 to Zone R-3. (Jefferson : : Street area). The following ordinance was presented for i i a second reading by the Council: I i Ordinallee No. 9159. AN ORDINANCE. OF THE CITY I McPhersol : OF CARLSBAD AMENDING ORDINANCE Me, ,9060, i Guevara i CHANGING CEitTAIX DESIGNATED PitCll?E%T'U .PROM ! Bierck : Z@NE it-1 TO ZONE R-3 IN TEfE CITY OP CAFl,LSBA@,Neiswende i was giveb a sekond readirig by title odly and adopted. : Hughes i (c) State Division of Highways - re: Approval of revision! ; there has been no report made by the Transportation Corn! : mittee as of this date. 4 I By common consent the matter was deferred until a re- i : port is received from the Transportation Committee. i (d) Resolution No. 995, denying the request for reclassi-i i fication of certain property from Zone 8-1 to Zone C-1 - ; : (N. E. Westree). At the time of the hearing a motion was i i passed denying the appeal for reclassification of certain ; : property located on the northeast corner of Las Flores D$. i and Pi0 Pic0 Drive. However, a resolution should have : : been adopted. The following resolution has been prepared i for the Council's consideration: I I Resolution No. 995. A RESGLUTICN OF THE CITY i \ I t 0 : ZONE fl-1-15 TO ZONE R-T IN THE CITY OF ; Bierce I I I 4 t I I 1 I I I I i of F! I I 4 1 1 I I I I I I I I I I ClL UP 'I'HE CI'I'Y OF CARLSBAD DENYING ; McPherso; : I THE REQUEST FCR RECLASSIFICATION OF CERTAIN Guevara I PRGPE~TY IN rm CITY OF CARLSBAD, FROM ; Bierce I ZONE R-1 TO ZGNE C-I, was adopted by title only and i Meiswende i further reading waived. ; Hughes [ M. Zoning. Cmn. Neiswender inquired as to what progr&s ; had been made with his suggestion of classifying "M" I I i zoning into three catagories, i. e., light, heavy and medidm. : The Planning Commission has never received word on thi$ i and neither has the Planner. He felt this would encourage : industry to the city, He would like the new City Manager i 1 to disseminate this information in the right direction. 1 i After further discussion by the Council members, : McPherso : motion of the Council it was agreed that the current M" i Guevara i zone be considered by the Planning Commission to allow l Bierce : light, heavy and medium IfM" zoning. i Neiswendc I ; Hughes ; CITY ATTORNEY'S REPORT AND CITY MANAGER'S ! : REPORT: i Panel discussion. The Jefferson Street School is contern-: : plating a panel discussion for the students, and have re- i i quested the City Manager to be present to answer questiorfs : on City Government. Mr. Mamaux has consented to attend i and participate in the discussion. ! Parks and Recreation Commission - re: Calaveras Lake.! I The Parks and Recreation Commission have requested an; 1 inspection of the types of fish in Calaveras Lake, in orde4 I that the undesirable could be removed by some method. : ! By common consent of the Council it was agreed that the I I I I I I 1 1 1 I I bY, I I I I 8 I I I I I 4 e I 1 I I I I I 8 I 1 i 8 I I I I ! 0 t P' , .', b' i I t 1 L 1 ., '\ '\ '. 1 \' '. ' '9 I -93. 1 ', '\,"' ! \ & \< i ~ame \-, 'd t ! of '\* I 'd I i Member ~"""""""""""-""""-"""""""""""""""""""~""""""""""" I I t I ! t P' , .', b' i I t 1 L 1 ., '\ '\ '. 1 \' '. ' '9 I -93. 1 ', '\,"' ! \ & \< i ~ame \-, 'd t ! of '\* I 'd I i Member ~"""""""""""-""""-"""""""""""""""""""~""""""""""" I I t I ! I I : Parks and Recreation Commission be allowed to have an : i inspection made of the lake. I I I 1 4 i Petition - re: Request €or street lighting on Crest Drive. i : Petition dated March 17, 1864, has been received signed : i by 10 property owners, requesting that adequate street 'i i lighting be installed and maintained by the City on Crest : ; Drive between Forest Avenue on the north and Buena VistG I Way on the South. I Mr. Wilson informed the Council he had checked with the ! I Director of.Finance and the funds appropriated for lights i I are depleted for this fiscal year. Ne recommended that i t this petition be filed for the present time, and that it be ! I considered at the next budget se.ssion. i Sewer easement - Fred Maerkle. A part of the City's i : contract on the Joint Sewer Project is the installation of : i the force main from the existing treatment plant to the i : Vista-Carlsbad Joint trunk line in Grand Avenue. It will ; . i be necessary to acquire easements, and one of the property i owners, Mr. Fred Maerkle, owner of Carlsbad Building : ; Materials, has agreed to an easement through his propert? i at a cost to the city of $75.00. Mr. Wayne Lill, the I I i Engineer wh9 has been working to acquire the necessary i i easements, recommends that this amount be paid. i By motion of the Council authorization was given for the ! McPherso : expenditure of $75.00 for the acquisition of the sewer i Guevara i easement from Mr. Fred Maerkle. : Bierce I 1 t I I I I 1 I I I I I I I I I I 1 I I i Neiswende I ! Uughes I I I i Acceptance of easement from San Diego Gas SZ. Electric CQ. ! re: Cannon i3oad. An easement has been received from ; i the San Diego Gas & Electric Co. for Cannon Ftoad, and i I they have requested that a resolution be adopted accepting: i this Grant of Easement. 1 I 1 The following resolution was presented €or the Council's I : review: i Resolution No. lo@ A BESOLUTICN OF THE CITY I McPhersc : COUNCIL ACCEPTING GELANT OF EASEMENT, was i Guevara : adopted by title only and further reading waived. ; Bierce I I I I I I I I 1 $ I I 1 I Neiswendl I I : Hughes L I I I : Library - re: Planning Grant. Approval was given for I ! the library to apply for a planning grant under the pro- ! i visions of State Aid Library Act AB 590. This approval ; ; was done by way of a letter, and the State is requesting i i a resolution. j The following resolution was presented for the Council's i : consideration: : Resolution No. 1005. A RESGLUTION OF THE CITY ! I COUNCIL OF THE: CITY OF CARLSBAD, AUTHOKIZ- ; MCE'hers( : ING CITY MANAGER FOR AND IN BEHALF OF CITY ! Guevara I t I I I 8 * I I I I I I I COUNCIL TG ISSUE AND SIGN WHEN RETURNED AP-j Bierce : PLICATION FOR PLANNING GRANT, was adopted by : Neiswend i title only and further reading waived. : Hughes t t 0 . i Taking of shell fish from inner and upper lagoon. Cmn. i I Neiswender stated he would lTKe a provision made by 1 I i ordinance that would prohibit the taking of shell fish from i ! the inner and upper lagoon. ! I $ i The City Attorney stated he had contacted the State Divi- i : sion of Fish and Game, and they were of the opinion the I I $ 1 ! ! v -1 0- I I I I .- I Name 'k,"j I : of '3 I I Member ' :"~"""~"""""""""~"""""""""""""""""""""""~"""""""~ I I I * I I I I 8 I ',x' 8 * 1 I I I \\ '\,'\\ '\ I '\ .\ " 8q I '8 ' '\ \ '. \. I I 0 t i only way this could be accomplished is through State i f legislation. * I * I I I i Cmn. Neiswender suggested that a resolution be adopted i i requesting legislation on this matter. I i The following resolution was presented for the Council's i i I 1 J I t consideration: I I 1 i Resolution No. 1006. A RESOLUTION OF THE CITY i ; %OUN F THE CITY OF CARLSBAI) STATING i i C-NGS REGARDING PRESERVATION ; McPhersor i ONDA LAGOON AND REQUESTING LEGISLATION IN : Bie'rce : SUPPORT THEREOF, was adopted by title only and : Neiswende I further reading waived. i Hughes i OF SHELL FISH IN THE AREA OF THE AGUA HEDI- I Guevara I i RATIFICATICN OF BILLS ANI? fiAYRO&L: I I I I I I I i Ratification of the bills was given for the general expense4 i of the city in the amount of $25,200.03 and for the Water i McPhersdt : Department in the amount of $6,099.60 for the period ; Guevara i March 3, 1964 to March 17, 1964, as certified by the i Bierce : Director of Finance and approved by the Auditing Cornmiti Neiswende: i tee. i Hughes ! I : March, 1964, in the amount of $17, 787.19, as certified : Guevara i by the Director of Finance and approved by the Auditing i Bierce : Committee, : Neiswendel i PEatification of the payroll was given for the first half of i I McFhersor I I I i Hughes I tive session be called for the purpose of discussing liti- i i gation - re: EPOH property. i 9:OS P. M. The regular meeting reconvened at 9: 14 P. M. I : at the executive session. I I I Executive session. The City Attorney requested an execu; t I The Council adjourned to the City Manager's office at I I i Mayor Bierce announced a proposed lawsuit was discusseq t ; 1 a stenotypist be employed to take the Minutes of the I I I I I I L I I 4 I I I I ! Employment of stenotypist. The City Clerk requested thaf : meeting on March 18, 1964, as she had to leave for Los ! i Angeles early Thursday morning. I I I I I * I i By motion of the Council authorization was given for the i I McPherson : employment of a stenotypist to take the minutes of the ; Guevara I Council for the adjourned meeting of March 18, 1964. ~ : Bierce I ; Neiswender i ADJOUdNMENT: i By proper motion the meeting was adjourned at 9: 17 P. M. 3 i Respectfully submitted, I I I t I I I i Hughes I I I t I I I I I I I I I I $ * I I I I I I I I I ! I I I I t I I I I 1) I I I I 1 1 I I I I 1 I 1 ! I I I ! I I I I I I I I I I I I I I 1 I I I I I * I I I 1 t 1)' 2 3 41 REGULAR ADJOURNED PIEETING OF 5 THE CITY COUNCIL OF CARLSBAD, * 6 CALIFORNIA, HELD AT 7:30 P.l4., 7/ ON WEDNESDAY , MARCH 18, 19 6 4, .. 8 AT THE CITY COUNCIL CHAMBERS, 9 10 2960 PI0 PIC0 DRIVE, CARLSBAD, CALIFORNIA. 11 12 PRESENT : 0 13 HAROLD El BIERCE 9 .JR, May or 14 WILLIAM G. GUEVARA Councilman 15 EARL MC PHERSON 11 16 CARL. H. NEISWENDER JACK F. HUGHES STUART C. WILSON City Attorney DOROTHY SOUSA Deputy City Clel It 17 11 18 19 20 c 21 JOHN D. SLATER, appearing with his attorney 22 WILLIAM M, BROW?, ESQ, 23 MARTHA Lo COLE, Certified Shorthand Reporter 0 24 25 26 a 0 . .* *% 1 2 3 4 CARLSBAD, CALIFOFNIA, WEDNESDAY, MARCH 18, 1964, 7:30 1 "-0"- MAYOR BIERCE: This adjourned meeting of the Carlsb City Cauneil will please come to ~rdcr, ana we'll have t 5 Sousa. 6 pledge of allegiance to the flag after the roll call, Mr 7 COUTJCILMAN MC PHERSON: Here 8 MRS. SOUSA: Councllman McPherson. 9 10 MRS. SOUSA,: Councilman Guevara. MAYOR BIERCE: Here. 12 MRS. SOUSA: Mayor Bierce. 11 COUNCILP4AN GUEVARA: Here. 13 MRS . . SOUSA: Councilman Hughes . 15 COUNCILMAN NEISWENDER: Here . 14 MRS. SOUSA: Councilman Neiswender. 16 COUNCILMAN IlUGHES : Here. 17 MAYOR BIERCE: All rise to salute the flag. I* I (Following the pledge of allegiance to the f 19 the following proceedings were had:) 20 MAYOR BIERCE: Thank you. Weell be seated. I hav 21 If you can't, why , let me know. 22 couple of statements to make here. I hope you can all 23 This is a continuation of a regular Council 0 24 and we are informed that the Council must meet at the Y 25 ,Council Chambers, We are very sorry that the Council J 26 will not accomodate all the people here. We do hope tlr I - I 2 you will bear with us, I feel it would be only fair to a: subject of Mr. Slaterrs dismissal, and not deal in person 3 that Mr. Slater and the Council members adhere to the 0 4 ties. 5 I have another statement T would like kh ma'e* '., 6 7 , Your Councilmen are elected t,o conduct the affairs of the Manager neglects to follow the mandates of you, the 8 in' a manner in which.the Public .. dictates. If your City 9 10 citizens, and the City. Council, then it is the duty of ti Council to, correct this situation. .. 11 The action of the majority of the City Counci: 12 in.their request for the resignation of Mr. John Slater, 0 13 ,14 City Manager, was done in the interest of the taxpayers the citizens of .Carlsbad. It is high time that the taxp 15 The' citizens are entitled to get full return for their d 16 are getting their money's worth for the taxes they are p spent just., the same as any other business. 17 18 For two years, members of the Council have bc 19 20 trying to get .a competent job done of running the City ( Carlsbad efficiently for. the property Owners and the cii ._ . -3 21 of Carlsbad. It is my desire to adhere to the subject,i 22 Specific instances or deal in personalities. However, 23 Mr. Slaterrs dismissal. I do not wish.to quote a list 1 in discharging his duties, or even investigating compla 26 cite many specific instan.ces where Mr. Slater was derel 25 do' have a list of numerous, complaints by citizens and c 24 0 - I z made to me and other members of the Ccuncil by the t: many other matters, which all adds up to lack of corn1 7 it could not receive immediate action by the Council, 6 It appears that he may have withheld communications E 5 weed cleaning and other problems pertinent to propert 4 of the water department, storm drains, sanitation mat 3 with requests to street paving, adequate lighting, ai a 0 3 9 10 11 12 13 14 15 proper supervision, coordination and lack of efficiel the administration of his duties. It also appears that the City IJIanager may been derelict in directing his aides, in coordinating work. He has shown a complete lack Of follow-througl There has also been indication of the lack of courte: giving information both to the press and to the publ: has been mentioned by a former Mayor that the matter 16 and he has been given every opportunity to show imprc Z0 been dissatisfaction with .his performance for someti1 19 years ago at the last councilmanic election, so therc 18 however, Mr. Slater was under discussion for dismiss. 17 City Manager's dismissal should rest until after elel r. .-\ 21 in the performance of his duties. 22 Under the City Ordinance, a City Manager 23 months following an election; therefore, it was nece 24 underlined, be removed from office for a period of t to take the.'action to remove "I. Slater at this time 25 * 26 ,After three months' tlme, Mr. Slater could very well I 1 0 . . .z trenched by the same pressure group who have attempt influenee some cIL~ af'fij~ fop several yearst It t :3 by a majority of the Council that Mr. Slater was no1 4 the twel-ve thousand dollars a year that the taxpayel 5 6 paying him, Frankly, it appears that W Slater wa: unqualified or negligent in discharging the duties ( ' 7 office. a 12 spectators; there will be no comments from the audic 11 are participants only in the effect -- I should say 10 ground rules down here for this meeting. The audiei 9 Now, this is my statement, I will lay sj Mr. Slater will have his chance to answer.the chargc e 13 14 him, and so if you wil.1, please hold it down in the audience, and, Mr. Slater, I would appreciate it if 15 16 not attempt to use any personalities involved; mere the chance to answer the, questions, so, Mr. Slater, 17 MR. WILLIAM M. BROWN: Mi-. Mayor, and Me] 18 Mr. Slater has asked me to appear briefly before yo 19 the Council: My name is William M. Brown, I am a t. 2o 1 to attempt to answer the. charges whtch your Mayor h *l. 21 but to briefly refer only ta a certain phase of his 22 to which 1 would like to call your attention before 23 24 upon Mr. Slater to answer the specific charges befo Council . .. 25 MAYOR BIERCE: Mr. Brown. '26 MR. BROWN: I will .start by directing the Coun r 1 1 attention to a letter addressed to Mr. John D. Slater of 0 2 3 March the 5th, and which states: "Pursuant to a vote of the Council at its regular meeting of March 3d, 1964, you 4 are hereby furnished notice that the City Council intends 5 mdve you as City Dlanager cffc~'r;lve thirty days from dat 6 of receipt of the notice. VI "The reasons for your intended' removal are as 8 follows: 9 " (1) Lack of proper administration-supervisior 10 of City affairs; 11 "(2) Failure to keep the public well-informed x? I "(3) Poor public relations; 0 13 t' (4) Lack Of communications with inter-depart; 14 heads; and 15 "(5) Failure to follow the instructions of th 16 Council tt 17 18 And the last paragraph: "As was indicated at the Council meeting, yo^ 19 forthwith suspended from duty." -_ 20 Now, apparently this action took place on 1hl 21 S.ection 2-45. 23 under the provisions of your Iilunicipal Code, I believe, 22 the 3d, part and parcel of the Council's intention to rt 24 I wish to direct your attention particularly e 25 this, because I think it's ineffective for the reason t 26 order to order any suspension, as 1 read youp Code prov 0 P ing .the giving of the written notice, and after the -- 2 you must furnish Mr. Slater with the written notice and to remove and to suspend at the same time, which is inc 7 as a part and parcel, you've attempted to state an intc 6' my point is that I think your notice is ineffective be( 5 from duties. Now, there isn't any question about that, 4 two days following such written notice, you may suspend 3 8 1 so that it appears to me that under the provls~ons sf t 1 -_ 9 Code, you have been ineffective in -- in giving your n 10 he can be removed by proper notice and two days after 12 It. is true that under the -- by proper following of 2. 11 and that in my opinion, at least, he's still your City 0. l3 unquestionably, appoint a pro tem until such time as i l4 receipt of that, you can suspend him from operation, E l5 thirty days' notice is effective. 16 This is not a personality; it's just my op: l7 that it appears to me, as a person. looking at this frl 18 the outside, that. -- it appears that it's a case wher l9 20 has made a little waste. I am in possession of a letter of February 21 advising Mr. Slater that during an executive session, 22 they asked for his resignation, signed by Mr. Hughes 23 24 Mr. Guevara as Mayor, and the following letter of tht addressed to Mr. Slater, in which Mr. Guevara apparel -. e 25 1 advises Mr. Slater that no such action was taken and 26 hadn't authorized anyone to sign on his behalf. I 1 I merely bring that up. to indicate to me that @ 2 ' perhaps the Council has, in their desire to effect a dis 3 missal of Mr. Slater, proceeded at too rapid a rate and 4 feel that there is nothing preventing the Council from - 5 'tried to short-cut the provisions of pur own. ordinance, Serve him with such a notice and two days afterwards su: 7 by a Resolution, stating their intention to.dismiss him, 6 8 been ineffective. in doing it under your own ordinance ~1 9 hlm, and get somebody else in, but I -- I think you've 10 I to this point. 11 l2 that you'll agree they were brief. I said my remarks would be brief, and I trus e 13 MAYOR BIERCE: Thank YOU Very much, Mr. Browno We 14 have to ask our City Attorney his opinion on this parti 15 subject 16 MR. WILSON: It is my opinion that the. letter stat l7 l8 by Mr. Brown, the March 5th letter., is'effective to git 2o and in addition, would be effectfve to suspend him fror l9 Mr. Slater notice. of the Council's intention to remove duty. .. 21 MAYOR BIERCE: Thank you. Mr. Slater. MR. SLATER: Mr. Mayor, and gentlemen of the Coun 22 23 24 I at this time would like to state that in regards to Brown has just said and the remarks that were made by e 25 City Attorney, as far as I am concerned - and I'm hopi 26 you wi,ll-:have this down '- that this in no way will pre - 1 concerning these remarks. 2 any action that I may bring against the City Council 0 3 Mr. Bierce has Indicated earlier that he hol 4 6 attempt to bring to these people ~e8~6~6 that I feel t! either, and 1'11 attempt not to dwell in personalities 5 that I would not dwell in personalities. I hope I won' 7 8 9 10 11 12 0 are Very paramount, and so without further adieu, 1'11 take'too much af the time of the Council; that 1'11 ta: these charges as presented to me by letter, dated in M the 3d, and I noticed that Mr. Bierce indicated quite things t'onight, other than what was given to me in the letter, but the first item is: "Lack of proper adminis 13 and supervision of the City affairs*" 14 NOW, Mr. Bierce indicated that. in 1962, or 15 a probationary period for ninety days. 22 ten particular items, and also, I was advised I would 21 at that particular time,. and I, as I say, was given a 20 ten items, I might add Mr. Bierce was certainly in my 19 elected, and I was given a bill of particulars Of appr 18 an election, at which time Mr. Hughes and Mr. Neiswend 17 This, of course, took place in July of 1962, subsequen 16 years ago that I seemed to be somewhat under fire at t 23 The ninety days came and went. We seemed t 24 accomplished the ten items that were given to me, and e 25 don't think I have to dwell any further that I have ne Z6 received anymore criticism from the Council, and I say I I - 1 the City Council, because this is the body that I am 0 2 I have received criticism - individual Cou 3 directly responsible to. 4 5 contact me, passing on information or complaints fron also that during the last four years, I have administ 6 citizens for which we have taken remedial action. I 7 this City very capably and supervised the functions o 8 various departments very adequately. 9 .' I would pose a few questions to these thre io 11 ' gentlemen up here, the majority that we are talking a MAYOR BIERCE: . Mr. Slater -- 12 tonight -- e 13 MAYOR BIERCE: Just a moment, no questions. 14 MR. SLATER: -- and I ask -- PIr. Bierce, please! - 15 I MR. SLATER: I ask, Mr. Bierce -- l6 I MAYOR BIERCE: Just answer the questions. I '7 1 MR. SLATER: I'm giv'ing my reasons, sir. 18 MR.. SLATER': And l'n stating what I will say. T 19 MAYOR BIERCE: All right, sir. 2o 21 my hearing, sir. I ask:. Does improper administratio 22 in balanced budgets year after year since I have been .Manager? ., 7, 23. I ask: Does reduction in property tax rat ii 24 years indicate poor supervision and improper administ 25 as recommended by your City Manager, i,n two of the la 26 I ask: Does keeping the cost of Governmer 22 23 24 0 25 26 informed? .. I would say there are a number of' ways to k public. informed. One method is through the use of a r letter, such as the- one that I give as an illustratior &t :by the City of' Oceanside; however, it's my underst .. - 0 6 is 1 Sheet ." 5 of Oceanside for putting out what they refer to as the I' 4 every now and then an editorial condemning the City Fatk 3 of informing the public, and I'm quite sure you will see 2 that the 1oca.l Oceanside paper does not appreciate this .. 6 Another method of informing the public 2s 7 10 ' the fact that the Carlsbad Journal is a paper of a once. 9 method; however, locally, this is not too good, due to 8 through the newspaper media, This probably is the best this service, 13 is going on in this City if they are of a mind to provi 12 which I believe can keep the.people informed as to what 11 ,character. There is, on the other hand, two daily pape: 14 I cannot make the papers print information, 15 I can I force them to. visit my office each day for inform 16 call to my office, generally for a specific purpose. 20 ceed to go over the whole genda, and an occasional tele 19 personally is after each Council meeting, at which time 18 only time I see the gentleman from the San Diego paper 17 and along this line, I would like to state that about t 21 I would pose a question to your body that I 22 when told to make calls by his superiors, or when this 26 call on you, but possibly once during a two-week periOc 25 when a so-called reporter from an Oceanside paper does 24 the public well-informed. How can you keep the public 23 would shed some light on your feeling about not keeping I I 1 and myself. 3 that I might have is a personal issue between that repor 2 reporter makes known to public officials that any proble: a 4 With an attitude such as this, how can the pe 5 receive information or be kept well-informed? 6 With an attitude such as this, does this repc 7 want to keep the public well-informed? 8 I don't think th.at informing the public is a 9 job specifically for one person, 10 As I submit, how does one individual inform i 11 citizenry of over eleven thousand unless he can inform 1 12 0 13 14 15 16 17 18 19 20 21 22 through the nedia which I have mentioned. .' Repeating, I do not have the facilities to dr this; I can't require them to do it. I think the job o keeping the public informed is not only for the City Ma: but also the City Council and the press, It seems rath ironic that for the last four years as City Manager, I never been accused of not keeping the public well-infor however, with less than a month away from an election i which we have two incumbents, the present Mayor is seek re-election, I am suddenly told that I failed to keep t public well-informed as a reason far my intended PeflOVa 23 Why? 0 24 I am wonderinp if public relations and keep1 26 This is given as a reason for my intended re 25 The third charge: '?Poor public relations." 1 time. 4 for the City, have been very good, at least prior to thi: 3, frankly feel public relations, as carried out by myself i 2 public well-informed are not somewhat synonymous. I verg 0 5 I have never received any complaints either 6 but commendations from people that deal either with my 7 from your body or the public, In fact, I have received I 8/ office or other departments, and I might add I feel very 9 my office, but all other departments of the City as well 10 strongly about the field of public relations, not only fc 11 I recall that. Mayor Bierce has indicated to mc 12 man, and do a fine job, and as I think back on these rem, 13 on many occasions that I am a very good public relations individuals might want to talk to the City Manager. 22 people talk to a clerk or a subordinate, even though the 21 to the citizens who come to see me, that I should have t 20 meant, I was advised that I spent too much time talking 19 not delegate authority? Upon inquiring of Mr, Bierce wh 18 secrets away; it's been printed in the paper - that I dit 17 February 18, 1964 - which I don't think I am giving any 16 did Mr, Bierce state to me during an executive session hi 15 I cannot help but wonder why, in the light of these rema: 14 a 23 I don't understand how these three gentlemen 24 can state they wish to remove me because of poor public 0 25. relations when I insist to all and sundry that if a citi I 26 wishes to see the Manager, then they will see me, and 1 not. a clerk or a subordinate. m 2 .. I would like to point out that I feel the posi 3 and in this connection, does one have good public relatic 4 of City Manager is at least fifty percent public relatior the City by not seeing citizens? Is it good public rela' 5 6 46 ~awn eltizens off ~n ggbordinates! and along this line 7 recall another remark, which I agree with wholeheartedly 1 8 I that by Mr. Bierce being,!(Don1t pass the bu&. Give peC 9 1 an answer." 10 Public relations - image builder, or a nethoc 11 Good public relations? Definitely, 12 I of keeping citizens happy? I recall a remark made to mt a 13 citizens. This remark was made to me - to appease the 14 Mr. Hughes after he had received a complaint from one o 15 people; make them happy. 16 Again, good public relations. 17 I don't think I can be accused of poor publj 18 staff members or the City Manager, you will find no COI zo of people of this community who have had dealings with 19 relations, because if you will but take the time and i~ 21 Gentlemen, I ask: If sending a citizen,who 22 guilty to this charge. 24 an example of good public relations, then I have to pl 23 to speak to the City Manager, to a clerk or a subordin 0 25 The fourth reason for my intended removal : 26 indicated as lack of' communications with inter-depart - I I 1 1 heads, Could this possibly mean that I. don't talk with 0 2 3 4 5 6 7 8 my department he,ads, or does this mean that I do not sen enough of the written word to them, or could it mean I do'not have replar established staff meetinffs? When an item so general as this is indicated, one almost has to guess what is meant by the wording. I do not think there has been a lack of communication wi department heads by the simple fact that when I. direct t I 9 1 of the City Council to the best of my ability. 2 doubt, at all times attempted to follow the instructions 3 I have resisted and. would continue to resist 4 any attempt by one OY more Councihen to give me instPUCi 5 1 outside of a council meeting; not only would I refuse su 6 thee. 9 from anyone other than the City Manager, as so charged b 8 had instructed them that they will not take any instruct 7 attempts, but I have instructed all department heads and 10 Could the fact that the Mayor instructed me t 11 I discharge two department heads, and I refused to do so b x! I some of the thought behind this reason? 0 13 I believe a11 the reasons given for my remova 14 - at least they were so stated in, the minutes - were 15 personal reasons of Mr. Bierce. 16 Councilman, which, of course, they were given orders by 19 then asked me if they had to take instructions from a 18 to subordinates without my knowledge, and these subordin 17 Or the fact that Mr. Weiswender gave instruct this reason was concerned? 21 this was not necessary, been some of the thinking as far 20 22 Or the fact that Nr, Hughes instructed one of 23 favorable to him without my knowledge, and my subsequent 24 the department heads to proceed with work that would be 0 25 instructions to this department head not to take orders 26 instructions from Councilmen, been part of the reason fc 1 my intended removal? 0 2 I cannot recall at any time when I have failed 3 to follow the instructions of the Council, 4 I wish to thank you gentlemen for taking your 5 I would appreciate knowing when this has occux ' 6 time this evening, and I most certainly hope the citizen: 7 of Carlsbad will at least be sornewhat informed as to the 8 believe you don't really mean them. 10 for my intended removal, because I truthfully and firmly 9 truth of the allegations, I am amazed at the reasons gi. 11 As required by the ordinance, you are require( 12 1 give reasons for my removal, and I assume that these rea; rn 13 you have given me are the best YOU could think Of'. 14 I believe that if you are serious about these 15 City Manager for, lo, these many years. 17 of the citizens of Carlsbad by letting me continue as th 16 reasons, then I feel you have allowed me to take advanta 28 If you really believe the charges are true, t 19 days, and if they did not occur within the last thirty d 2o am sure they could not have occurred within the last thi being derelict in performing your duties and functions a z2 then, gentlemen, you should be removed from office for 21 community and have taken. advantage of the good people of 24 City CounciImen. You have committed a fraud upon this 23. .. 1 35 I " "7 - l- - 2 U I" L/aI'lsUau. 26 Unless the City Council informs me of any PTC I 1 I 1 @ 2 3 4 5 ' 6 7 8 9 that they might have had from time to time instead of coming out unex.pectedly with their intentions to remove n for the reasons stated at a time which is less than a mor away from an election, I wonder if my removal is not for political reasons, or at the request of some power or pel unknown to all but three men on the Council, instead of j the good of the community, or is it for purely self-intel Thank you, gentlemen. I (Applause). 10 MAYOR BIERCE: Thank you. I will have to take one ' l1 operating on a deficit budget, so let's ge't that straigh l2 with Mr. Slater's statements about a balanced budget. W 0 l3 a surplus 'from last year and in my accounting,, this is l4 right off the bat. In other words, we're operating from l5 ' not the balanced budget. 16 AUDIENCE: Is the Council supposed to give rebuttal l7 or is it. his hearing? 18 19 M'AYOR BIERCE: Quiet, please. (Audience noise) 20 MAYOR BIERCE: You want to come up and give your n: 21 and speak? . 22 AUDIENCE: I understood it was a hearing for Mr. S: 23 24 I came .. to hear-him. 0' MAYOR BIERCE: All right, you heard him. 25 Gent lemen, your pleasure. 26 MR. HUGHES: You have a resolution, Mr. Mayor? I I 1 MR,NEISWENDER: You have a resolution for Mr. Slater 0 2 dismissal? You want to read this? 3 MAYOR BIERCE: Mr. 'Wilson, do you want to read the 4' resolution? Or do I hear a motion for the resolution? 5 NR. NEISWENDER: I move for the adoption of Resolut: s 6 . 7 No. 1067, '.a resolution of the Carlsbad City Council remo? John D, Slater as City Manager. .. 8 MR. WILSON: Resolution No. 1007, a resolution of tl 9 COUNCILMAN HUGHES: I. will second this motion. 10 Manager . 11 Carlsbad City Council removing John D, Slater as City 12 \?HEREAS, pursuant to the provisions of Sectio @ 13 14 of Ordinance No. 1040, the City Council of the City Of Carlsbad, at its regular meeting on March 3d, 1964, by a 15 him from duty; and 17 tion to remove John D. Slater as City Manager and to sus 16 majority vote of the whole Council did announce its inte 18 WHEREAS, pursuant to the Provisions of Sectic 19 1964; and 23 was personally served on the said John D. Slater on Marc 22 from duty, containing the reasons for his intended remov 21 remove John D. Slater as. City Manager and of his suspenn 20 of Ordinance No, 1040, written notice of intention to 0 24 WHEREAS, pursuant to the Provisions of Sectic 25 26 of Ordinance 1040, the said John D. Slater did, within : days after delivery of said notice to him -- e . a 0, 1 THE AUDIENCE: Can't hear out here. 2/ r4R. WILSON: 1'11 start again. 3 WHEREAS, pursuant to the Provisions of Sectior 4 in writing of his request for a hearing before the C-ity 6 after delivery of said notice to him, notify the City Clc 5 Ordinance 1040, the said John D. Slater did, within sevel 7 Council; and' 8 WHEREAS, pursuant to the P,rovisions of Sectio 9 Pi0 Pic0 Drive, Carlsbad, California; and. l2 of the Council to-wit: The City Council Chambers at 296 11 March 18th, 1964, at 7:OO PM at the usual meeting place 10 of Ordinance No. lOhO,, the City Council did set said hea 13 WHEREAS, the said John D, Slater did appear a l4 and .be healid; and 15 :hearing, was fully heard and was allowed to have counsel 16 WHEREAS, the City Council did hear and consid l7 any, and did conclude said hearing; l8 the statements of the said John D, Slater and his counse 19 NOW, THEREFORE, BE IT RESOLVED by the City Cc 2o of the City of Carlsbad that John D. Slater is hereby 21 22 removed as City Manager of the City of Carlsbad effectix April 4th, 1964, and that he shall be paid through said 23 date. 24 PASSED, APPROVED AND ADOPTED by the City Cour 25 the following vote, to-wit: 26 at a regular adjourned meeting held March 18th, 1964, b3 I 1 MR. WILSON: And I would suggest, gentlemen, before 0 2 I take ft it is concluded. 3 acting on the resolution that the hearing be concluded, 4 MAYOR BIERCE: The hearing is concluded. We have 5 COUNCILMAN HUGHES; I move the hearing be concluded 4 6 heare-d Mr. Slater, We have heard is proponents and the 1 7 discussion? 8 he,aring is closed, We have a motion and a second. Any 7 discussion? 8 he,aring is closed, We have a motion and a second. Any 9 COUNCILMAN GUEVARA: Yes. Yes, Mr. Mayor, I feel ,. ., ' ' ' 10 11' that the .C.ouncfl is prejudiced, and I, feel that' the -- t' have been held over till the new three members should co 12 rern,oval;o.f the City Manager at this time should be -- sh .. Q ,. 13 into the Council on April the'l'lth, and I will vote no, 14 i ' MAYOR 'BIERCE: Ve haventi had the poll yet. Mr. 15 I McPherson? l6 I MR. MC PHERSON: Mr. Mayor, yes, you stated that me 17 20 why only certain members have the Council have received 19 faults of our City Manager, Mr. Slater. Might I ask 28 of the Council have received numerous complaints and any at all? 21 complaints and faults and other members have never recel 22 MAYOR BIERCE: That's kind of a hard thing to answ 23 Mr. McPherson. Possibly -- 24 e COUNCILMAN MC PHERSON: No, it should be very simp] 25 if iCte +w?rln U 0 UA UL* 26 MAYOR BIERCE: No, possibly, you see, you're all or 1 same side of the fence, so you donPt hear the complaints, e 2 1 Other p,eople do. 3 MAYOR BIERCE: Just what I mean, what I said. 4 COUNCILMAN MC PHERSON: How do you mean that? 5 d 6 7 COWNCLLYIAN IVIC PHERSON: It was a very poor answer. MAYOR BIERCE: Oh, I don't know. COUNCILMAN HUGHES: Question. 8 MAYOR BIERCE: Question has been called, Mrs. Sousa, 9 COUNCILMAN NEISWENDER: I call for the question. 10 COUNCILPIAN MC PHERSON: No. 12 MRS. SOUSA: Councilman McPherson. 11 Poll the Council, please, m 13 MAYOR BIERCE: Yes, 14 MRS SOUSA: Mayor -Bierce, 15 16 MRS. SOUSA: Councilman Hughes . ?OTJNCILMAN HUGHES : Yes . 17 18 IGBe SOUSA: Councilman Guevara. 2OUNCILMAM GLTEVARA : No. 19 MRS. SOUSA: Councilman Neiswender. I. 20 ZOUNCILMAN NEISWENDER: Yes e 21 * YAYOR BIERCE: Gentlemen, Resolution No, 1007 has bl 22 Now, move for an adjournment? passeg. 23 I tmmc~mm HUGHES: so move. 0 24 1 OUNCILMAN NEISWENDER: Second, 25 AYOR BIERCE: Meeting is adjourned. 26 "-0"- I I I 1 STATE OF CALIFORNIA) d. 2/ . ss. COUNTY OF SAN DIEGO j 3 I, PIARTHA L. COLE, Certified Shorthand Reporter and .. 4 California, do hereby certify: 5 a Notary Public in and for the County.of San Diego, Stat * 6 'That I reported in shorthand the nroceedlngs had a\ 7 the hearing held in the foregoing matter on .the 18th day 8 of March, 1964; that my shorthand notes were later .. 9 had at said hearing. 11 foregoing .transcript contains a true record of the proce 10 transcribed into typewriting u,nder my direction, and the 12 a 1 3 14 15 16 17 18 19 j 20 21 5 22 23 24 0 25 DATED at Oceanside., California, this 21st day of Ma r""""'"''""''~~~*~'..~*..~~~~~~~~ 11.11 (I ,,.,,,,.,; ,,,,,,,.(,,~,,,,,,( (,,'.,,, : ,g ,-.;@a:; MARTHA e. c:OLE ; 3"' - ;)\,&,~:.%"~:% * r ... - '" - c4L&iT* 1964. i p, OFF!CIAL SEAL ..I. i r,, #/,. /' 4- y/- - ;u /:-& ,1 /fi/,.( ,+c / 1 ,i 'kp.,,d F'g\'INCli>AL i)F;-jci {N ; *?, cc,.ih,:./c ddi:.><.; PdS;:.Ic . I;~!,~.:(:[)&;NiA i ' .J' MARTHA! L. COLE I,.,,,..,,.,.,,,,,,',,, 11111.11L11 I SAN 11111.1111111..1,..,,,.,,,,,,,,,*,.,,,,,,,,,,,,,,~,,; DIEGO COUNTY I Ndary Public