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HomeMy WebLinkAbout1964-03-03; City Council; Minutes* *' I : CITY OF C-ARESBAD ; Minutes of: CITY COUNCIL (Regular xeetin2)i , ', 8, , '\ ', ' " : Date of Meeting: March 3, 19254 , \ '\ i Time of Meeting: 7~00 PA, i Name '\,'*$ i Place of Meeting. council ehaAors i of '$ : Member ' ,~~""""~".""""""""~""~"""""~"""~"""""""""""~"""""~"" I ROLL CALL was answered by Councilmen McPherson, ! i Bierce, Guevara, Neiswender and Hughes, Also i i present were City Manager Slater, City Attorney ! : Wilson and City Clerk Adams. 1 ,. .\ I '\\ '\ '\ '\ ' '. I I ', '\ ' 0 8 I I I I 4 I s 1 I ' ! ***** (see certifiedl copy of minutes of Martha i I Cole * 1 l I & I I e a I I i Mayor Bierce announced this meeting has been ad- : i journed from the Council Chambers to the Magnolii i Street School, and the Council will continue witG : the regular order of business on the Agenda. i ALLEGIANCE to the Flag was given, i INVOCATION was offered by Councilman McPherson, : I I I t I I I I * I I 8 4 I * I I I i ! APPROVAL OF MINUTES: I 1 t I I I I : e I I I I ta) By motion of the Council, Minutes of iMcPherson : ! the Special Meeting OS February 17, 1964, were IGuevara i approved as submitted, I I 1 I I I t fBierce Weiswendex :Hughes I I I I I I (b) By motion of the Council, Minutes of :McPherson I I iNNeiswender I I :Hughes I the regular meeting of February 18, 1964, were iGuevara I approved as corrected. iBierce I I I I t * i CORRESPONDENCE : t : (a) Department of Special District Services, rei : Request to proceed with work'- Unit No, 1 Joint i i Sewer Project, Letter dated February 20, 1964, i i from the San Biego County Department of Special : i project was initiated by the Basic Agreement it i I was planned to apply for a grant of federal fun& i from the U,S, Public Health Service under Publici i Law 660, With limitation in mind it was decided i I that Vista would apply for a grant in connection! i with the construction of Unit 1 of the joint pro! i ject and the following year both Vista and Carlsj i bad. would apply for a grant as a multi-municipal: i project, thus making it possible to obtain addi-i i tional grant funds €or each communityo Unit 1 o$ : the joint project consisted of the outfall sewer! i extending from the Vista Treatment plant to Bum4 i Vista Lagoon, sewage pumping station and force I i main in JeffersoE Street, Under the federal regut i the project to be constructed is a complete operf I I 8 s I t a I I ; Diskrick Services, staking when the join& sewer : i lations for any grant it must be demonstrated thqt a I able project o It was hoped that after a contscac6 ; had been awarded Eor the remainder of the projec6, : including the new sewage treatment plant, that i ! ! the Public Health Service would waive the requir4- i rnent for the discharge line into the Lagoon, How: i ever, they have been informed that the requiremerit i cannot be waived and that the discharge line mu& : be constructed before any paynent can be made : ! I .. I I I I I t I I 1 1 I I e 2 " I' I 8, ', .8, 'x '? 1 \\ '\ ' '. I '\ .\,'., ' I ' ', \' \ '\ i Name '.,'$ : of '+i$ I I I ; Member -.# 9 ~""""""""~"""""""""""""""""""""""""-"-"-~""""~""" i Plans f& the upper outlet pipe which will trans-i jp~rt the e€$luenk &om the oxidation pond at the ! !Vista plant into the new outfall sewer and for th& I lower outlet pipe which will transport the effluekt i from the end of the force main into the Buena Visia I Lagoon were enclosed, Because of the type of work ! they believe it can be accomplished most economi-j I ;cali~g by the use of county farces. The eskimatedj 6 f cost is $6,600,00 and under the cost apportionment i in the Basic Agreement, Carlsbad's share will Be i i $2,294.00, They requested authorization to pro- : jceed with the work with the cost charged against ! : the available.;bond construction funds e I !By motion of the Council, the City Manager was iMcPherson iauthmized to expend funds to expedite this work,!Guevara I : Meiswendel I I I I I I I I b I i Bierce 1 I :Hughes I I I I I i(b) d :letter dated February 24, 1964, from A,W, Thorpe, i : stating that in the recent bidding fox Harding i i Street, the City Council declared another bidder i i the lowest repoonsible bidder although he was the! !lowest bidder. This is the same as declaring him: i not a responsible bidder. Such a finding does hi& i very great damage for which his redress may be by: I lega.1 action. He believes there is so much doubt! :as to whether the award made is valid, that he i i suggests the City to bring a court action to detet- imine this matter under Section 5265 of the Street+ i and Highways Code, and if the City fails to do so: ;his only remedy will be as indicated, ! f 4 I I I i :The City Attorney stated it is contemplated that i I Sin1 Jo Harris Coo will bring action in order to i :satisfy the bidders, It is estimated that the tot+l !cost of the action will he $300,00, Sim J. Harri$ ~CO, is willing to pay $150.00 of the cost, I I ~MR, MORGAN JONES, stated he was an attorney reprei i senting A.W, Thorpe and was speaking in reference! : to Resolution No. 983, The Minutes of the Council: !reflect that A.Wo Thorpe was the low bidder. The! :City Engineer sorted out the bids and made his re{ I commendation, The actions of the Council were : i arbitrary. Mr. Thorpe is a General Contractor an& ;was the low bidder, He requested the Council I I : accept the bid of A. W, Thorpe. ! I 1 I I I I I t 1 0 I IAjEter further consideration by motion of the Cou-iMcPherson Incil, it was agreed that the City contribute one-IGuevara i half of the cost to bring suit under Section 5265IBierce i to determine the validity of the bid. : Neiswende: i (c) W.E. Hower, D,A. Welch, Pablo Villarreal, i Esther $3. Talllot - re: Plardinq Street bid award. i :An identical Letter dated February 27, 1944, has i ;beerr received from W.E. Hower, D.A. l?elch, Pablo i jVillarrea1, Mrs, Xsther M, Ta&ot and Peter F. !Bullen, claiming that the proceedings are defecti-Cre !.7"","A -42 4-L,. rJ..."".L-..." ...c 4-L- n-, 3," 27 2- .c:-A:L-. I I t :Hughes I I I I I I I I I I I I I I I I , I' \\ '\ .\, '\ " t ', ',, ', '. I ', 8, '\ ' I ' '\ 'I I -3- I : of ',$ ~~""""""~""""""""""""-""""""""""~~""""-""-~"""-"""" ! Member I 1 8' I ; Name ''\,;$ I e ithat the award of the second bidder at the 'nigher i jprice is invalid, and that such award has causedj !damage to the payers of the assessment, I iRlso, a petition dated February 298 1964, has beer) ithat the proceedings were defective because of the !Council's discretion that A, W. Thorpe was not a : :responsible bidder, that the award of the contracj !to the second bidder at the higher prices is invaS ilia, and that the award to the second bidder has ! :caused damage to the payers of the assessment, ! 1 :By motion of the Council the letters and petitioniMcPherson !were ordered filed until further information has lGuevzra ' :been received frorn the City Attorney. iBierce I I 8 I L I ;received, signed by 23 property owners, claiming 1 t I I 1 I I i I I I :MeiswendeJ 4 1 :Hughes 1 t I I 1 :(a) Warren A, Barney - re: Authorization for- I !Mayor to siqn easement, Joint Sewer project. Lett<r !dated February 26, 1964, from Warren A, Barney, i iDirector of Department of Special District servi-I ices, stating the State Department of Parks and ; !Recreation has been requested to grant an easement jacross the beach park for the ocean outfall, Enc :lased was a draft or' an easement, and as soon as :the easement is in final form they will forward a :In order to expedite matters they requested that ithe City authorize the Mayor to execute the ease- iment on behalf of the City of Carlsbad, :copy to the City of Carlsbad for proper execution I I -i I I 4 1 I i : i I 4 I I I I I :By motion of the Council authorization was given IMcPherson :to the Mayor to execute the easement on behalf of iGuevara :the City of Carlsbad. iBierce * I I I jNeiswende: I i Hugh e s k I I t * I i (e) Mrs, M,V. Nardelli - re: 500 per month apart- jment house tax. Letter dated February 11, 1964, : :from Nrs, Marjorie V. Nardelli, protesting the 504 : apartment house charge on her water bill, as she I i felt the action of the Council was discriminating i iagainst apartment house owners. 1 ! ICm. Neiswender suggested the letter filed as it : I answers no purpose, t 1 I I I I I l a e l I I i (f) A.O, Kelly - re: Invitation to open house, I !CMVJD headquarters. Letter dated February 21, 1964, !from Alfan 0. Kelly, President of the Board of i i Directors of the Carlsbad Municipal Water District, jeordially inviting the menibers of the Council to ; :attend an "Open House" at the new District Bead- i {quarters located at 5780 El Camino Real, Sunday, I :March 15, 1964, from 12:OO Noon till 5~00 P,M. IA buffet luncheon will be served. i (g) San Luis Rey Water Rights. This matter was i idiscussed previously and Mro Engstrand has been : s 1 I I I I 1 I I 1 I fworkinq on this matter for the City, An agreementi I" -7 " . - ._ ' I t I t ; \x, '\\'*, '\\ '. 1 -&. I I \, ', b, " I I Name 'x,'\$ I 1 : of '*% I ! Member '' I I I I I I 1 ', , '\ \ I '\ '\ '\ $ ." ~""~"""""""""""""""""""""~"""""""""""""-~~"""""~"- 0 I I bverall rights, I f I I I 4 i Mr, Fredman, Attorney €or Sproul Homes, was pre- I I sent and stated they had been working with Mr. ! I I 8 I i Engstrand on this matter, I I 1 ! i The City Attorney informed the Council it is Mr, I i Engstrand's recommendation that the Council accepp ! this agreement, I ! 1 By motion of the Council it was agreed that the ..: Npherson i Mayor be authorized to execute the agreement on i Gucvara {behalf of the City of Carlsbad, I Bierce I I I I * f I I 1 i Eeiswende I I : Hughes I I I t i (h) Letter of Appreciation - U, Max Palkowski, A i :letter was presented by Mayor Bierce from the I I :Chief of Police, U. Max Palkowski, extending his i i thanks and appreciation to the people of Carlsbadi i for their support and confidence in him, I I I I I I I I i PUBLIC HEARINGS :: 1 I I I I 1 I I I (a) Reclassification of certain property located i ;on the North side of Adarns Street between Hicghlan4 i Drive and Par]< Drive, from Zone R-I to Zone R-T. i !Applicant: David E, Baird. 4 :certification was given as to proper notice havin9 :Been given of the hearing, 8 : The Mayor announced the Council would hear from i i the applicant or his representative. 1 I I I I I I I I i I * t I 6 I 1 t 1 9 I I 1 iThere was no one present desiring to speak in €av$r :of the pro,posed reclassification, I I I I I I I I : The Mayor announced the Council would .hear from : :all. persons wishing to protest the proposed re- i : classification, L ! !There were no persons present desiring to speak i+ :opposition to the reclassification, 1 i I I I I 1 $ I I t !The Mayor declared the hearing closed at 7:35 P,M! I ! 1 e !The City Planner presented a map of the area, and I :minted out this property is located directly :" :north of R'-T zoning that overlooks the lagoon. i' :After further discussion the following resolution! :was presented for the Council's consideration: :Resolution No. 993, A RESOLUTION OF TXE CITY I I I I I I 8 I I I I I I I I I 1 I I I :COUNCIL OF THE CITY OF CAFtLSBAD ANNOUNCING FIND- : IINGS AND DECISION REGARDING CWGE OF ZONE cLAssI&cPhersor iFICATION OF CERTAIN DESIGPT&kTED PROPERTY IhT THE iGuevara ~CXTY OF CARLSBAD FXOM zcm ~-1-15 TO ZONE wr, :Biearce !was ac?opted by titie only and further reading :Neiswend~ jwaived o : 3iugh e s 1 I I t I t I t t I b 1 I I' 1 I I I I , .-, X' 1 '\, ',, '\\ '\ I -5- 1 , \ '\ I I Name '\,'% 1 ; of . +! I : Member '\d ' ~""""""""""""""~"""""""""""""""""""""~~"'"""""""~~ ;The following ordinance was preseated for a first! i reading by the Council: 1 I 1 \ I I ordinance No. 9158, AN ORDINANCE OF TFfE CXTY OF ! i CERTAIN DESIGUATED PROPERTY FROM ZONE R-1-15 TO ;Gueva;ra !ZONE R-T SN THIE: CITY OF CARLSBAD, was given a i Bierce ! first reading by title only and further reading iNeiswendea i waived, i Hughes i (b) Reclassification of certain property frontin Ion Jefferson Street between Laquna Drive and Stat! :Freeway 102, from Zone R-2 to Zone R-3, !certification was given as to proper notice kavini i been given a j~he city Manager informed the Council that no I !written correspondence has been received. I I 8. 8, '\ ', '9 '\ '\ ' I I I '0 e I . I I i UWJSBAD ALilEB'DING ORDINANCE 80 o 9960 J CKANGING i l4JicPhE?!r§OIl t I I I I 1 8 I 1 I 1 I I 8 I I I I I I I t I I I t I # i The Mayor announced the Council would hear from ! i all persons wishing to speak in opposition to the! :proposed reclassification. I I :There were no persons present desiring to speak i$ i opposition to the proposed reclassification, k I iA map of the area was presented by the City Plannir. :He informed the Council this was initiated by the: t Planning Cornmission and letters were sent. to a11 i : the property onwers as to their feelings in the i i matter, 75% of the owners stated they were in I i favor oE the re-zoning, This is contiguous to i i R-3 zoning. I I !The Mayor declared the hearing closed at 7;45 Pen: ! 1 I I I t I t I t 8 1 I I I I 1 ;After consideration by the Council, the followingi ! resolution was presented fcr tl?e Council's consi-i I deration :: !Resolution No- 994, A IRESOLUTION OF T€E CITY : COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FWD- iMcPherson i IFICATION OF CERTAIN DESIGNATED PROPERTY IN THE iBierce i CITY OF CAPISBAD FROM ZONE R-1 TO Z05lE R--3 , was INeiSWende: i adopted by title only and further reading waived. jHUgkr,eS I I I I I I t L I I i IKGS MD DECISION REGARDING CHANGE OF ZONE CLASS-: Guevara I I # I I i The following ordinance was presented for a first; :reading by the Council: I I I 1 I I 0 I i 0rdina.nee No, 9159,- AN ORDDWCE OF THE CITY OF iMcPherson I CARLSBAD AMENDING ORDINANCE NO. 9060 t CwEiNGlNG iGuevara iR-3 IN THE CI"Y OF CARLSZIAD, was given a first iNeiswende I reading by title only and further rcading waived. !Hughes !CERTAIN DESIGNATED PROPERTY FROM ZONE R-1 TO ZOMEiBierce I ! I I I i (c) Appeal of Planninq Cornmiss&q decision deny-! 1 incf a request for reclassi.ficat.ion frm Zone R-I i : to Zone C-l on property located 2:ortheas-t: inter- i i section of Las Flores Drive and Pi0 Pic0 Drive, i i Appellant :: Xel.son E. Nestree ., I 1 I I I I ! I I I I I I I' l ,, '\ -\ 8, '. I \\ ', 'x '\ I I , '\ '., ? I I '8, '\ ' , \ '\ I I i ~arne '%,'% I 1 of \,+: I !$ :"""""""""~"""""""""""""""""""""""""..""-~"""""""- ! Member 1 ~etter dsted ~ebruary 12, 196$, ~mm PI, 8- ~~s~ei, !stating he wished to appeal the decirion of "c.e i icaxlsbadl Planning Commission, in xhich "chey denie4 i a request to rezone his property from Zone R-1 to: !Zone C-1. I I !A fetter was also presented from Ne E, Westree, ! :dated March 3, L964-, stated he wished to present i ! the following reasons for his appeal: (1) He I !has owned and operated a wholesale and retail nurt I sery business at -this location since 1948. They i !are the largest growers of Macadamia nut trees : :and several other su3tropical fruiting plants in i i the United States, and the stock plants from which ;United States- Tney now wish to enlarge their i :facilities, however, they were told the City can-: i not issue a business license because they are out: !of zone: (2) his corner is almost an exact re- i !plica of the only other two corners on Pi0 Pic0 i {Drive on the Freeway interchanges and properties I ion each of those two corners 'have already been ! :rezon&C-L, The latest plans of the State High- I :wzy still continue to indicate that Las FLores i :will have a full diamond shape interchange with i ithe Freeway, which will make it even more logicali i as a commercial location; (3) Each property own-: ier within the 300 feet was contacted personally, I jand of the 11 property onwers, 7 wae in favor ; i and 4 stated they preferred to remain neutral; t I 1 (41 TI?@ city Planner recommended approval of chef ; reclassification: (5) There were no written or I I I I -6- I e I I I i I I !they grow; Sone of these are the oldest in the i !verbal objections until late in the meeting of t'ni i Planning Comqission, after :the public hearing *ad! i been closed; (6) Three members of the Planning i :Commission voted to rezone the property, and a i i fourkh stated the entire block should be rezoned;: i and then voted to deny it; and (7) The Chairman i Io€ the Planning Commission at that date announced! :inis candidacy Ex "Le City Council& the area i jbeyond the 300 feet area, and from which a number i i of protests originated, and it is the writer's i ! feeling the Chairman should have abstained, I 4 :A letter signed by 72 property owners was present; i of the Las Flores and Pi0 Pic0 Area -to commerciali : at this time, and were concerned with the attempt: ; to spot-zone one corner. :The Mayor announced 'chat the building was over- i I crowdeQ; and asked that all persons rel'rain from : i sm~ king o I I I I 4 I i ed, stating they wished to protest any rezoning i I I I I 1 I I I I : t t I I 0 i A motion was made by Councilman Hughes and second: ied by Councilman Neiswender that this matter be i : held over to a future date, However, it was fin- 1 ! ally agreed 'chat the matter be heazd now as it hag ! been ad?Qrtised. !MRS. GARETT asked it this person ro1.d out, could: t I I I I I I I I i they not sell $he pmpe:t::y to so~e O~ZQ else who i I~. ~ 11 "-8 ~ ~ .," ."""..I"_ F". - "......_."_ ! $ I I I I I I I I I I I I I .-g - !-""""""""""""""""""""""""."""""""""""- t The @o.nnciL j.nfo.r:nst! &rs D Ga~r&:,t .~?;e g~ape:rty I CQUL~ he used for my purpcse ~IJ.CW~~ in a !:!-I. I zoae. I I 1 I :MRS. BELL, 2420 Olive Drive, asked it there was I not an agricultural area in which this property I could be Tlacedl, I I I I I I I 1 I I I I t .""_ ! *\\' \< \ '\ ' ', '. % '. ,, 8, '\, '., ' '\ \\ ' '\ '5 f<3 me '\ Q$ of 'y%'. Mamliu- 1 \' \V \' ""--.."-I" I 1 h 1 5 I 1 I 8 I I I 1 I I I I I I I I i MR, RntJDOLPH DUKE, stated it was difficult to havb i to €ig% a friend, but pointed out the paoperty i i owners are only trying -i;o protect th,: 01 r homes o I I i Some of these homes are expensive hones, This is: i strictly a specul-ation on the part of MK, Westreeb i MR, HAROLD EXGL?Z%V, 2435 @live Drive, stated thab : his property joim Mr. Westme's property, ~hcy i i will both lese Icnd when the freeway is widened, I i and he did not feel this was the time for rezoning, ! his is spot zoning. C-1 zoning will allow any- : i thing. 1 i MR. CFARLES COCKRAN, stated he was against the I : proposed zoning and is against spot zoning. He i i would like to know if there is a law against thisie : ff there is n9-t a law, he would Like +ZQ see that t. i law is enacted to protect the property owners. I [ The City Attorney informed the Council that any i i person can 'go to court an6 protest zoning, I i Cm, Hughes moved that his first motion be rescink i ded, and suggested that Mr , Westree and bls, Engel: i men apply for a Conditional Use Pemi'c as they arb i both out of' zone and that this appeal be denied, i i There was no second to Cmn, Hugl?e.'.s motion, I 1 Mr, Randolph Duke read an article €ram the Encinik ; tas Dispatch concerning zoning, i The Mayor declared the hearing closed at 8~45 P,Mi t ! I I I I I 1 I I I 1 I I I I 1 I I I I I I I I * I L I I I I I I I I t I I I I I 1 I 1 After consideration by the Council, by motion of ! McPkerson I "che Council the appeal was denied on the grounds ! Guevara i sek forth by the Planning commission. I Bieree I I I I I i Neiswende I i Hughes ! (a) ztative Map of Monroe Par]< c-abdivisi- A! i map of the proposed subdivision was presented for! : the Cocncil's review, I t The City Planner informed the Council this subdi-i i vision is pzoposed for R--3L. The cul-de-sac will: i be 240 ' in Length. : PLrnIKG: I I I I I s I I I I I I I I * I I t 0 1 i After further consid.eration, the folloving reso1u;- i tion was presented for the Counr5.l '5 review: I * I I I & ! I ! Resoluti.on No. 996, A RESOI.:TJTf3B OF '%X CITY I McPhersor ! COS5JCIL OF TEE CXTY GF CM?L2B-W, A;?PRa;Zi?S THE i Guevara : TENTATIVE ?G?A? GP XGTECE ?AM SLT3DIXfE%QE3, was I Bierce : adnn+aa -it7 ->< +S c-> n-n? 57 x:-<.q fl?r+he- -rm~t~ipm wr7<77pd-: iqp-i swpndF I I I I I I I 1 1 " 0 ._ I I I I I -r,- I I I I t I - i I I 1 $ :""""""""""-""""""""-""""""""""""""""""~- e '<\, '., .\\, '. , '1 , 8,' ' '\ '\ '\ raa me ', \c' of x+'' '\$ 8, b, ', '< \\ \ '& """- .""" :.?embpr % I i i A shcrt geczss yas &~~~,T~d at 9: 3;: ? .M, The 1 I I 4 I f meeting z~c~nv-sn.ed at ?;E PA I I 1 I : ?3EV7 EUSETESS : 8 """.-." I I t I I I ReZund. of business licenses to apartment house- i i owners. The City Clerk requested authorization I : to refund monies that had been paid to the City i i under Ordinance Hoe 6033, requiring payment of i I $2-00 per unit f3r three or more units, She re-! I ported that $582.00 had been received as of this: : date, ! 8 I I 1 # I I 1 BY motion of t11e ~ouncil authorization was given ~MCPIXYSO~ ; €or the refund (=:E monies collected in the anount j~uevara ! of $S82000 to the apartnent house owners who had jSierce : paid their license under the requirement of OrdijBeiswendel ; ; nanee No. 6033, !Hughes : OLD BUSINESS: i (a) Cannon Road and 101 Freeway, A letter dated i i January 31, 1964, from the State Division of aig4- i ways, concerning a revision in the freeway agree{ I rnent to substitute an overcrossing for the under? I crossing at Cannon Road, was previously subrnitteq i to the Council for discussion. I I i The Mayor suggasted that this natter he deferred i : for further ~tu2.y~ i By motion of the Council it was agreed that this ?IcPherson f I matter be referred to the transportatim commi- :Guevara I ttee for study, and in order that .a21 members of iBierce I the Council can study this plan, INeiswendel I I I I I t I I 1 I I I I I I I I 8 b $ I * I 8 I I I I 4 I I f :Hughes i (b) valley Street sewers - 1911 AC~ pr0ceedinqs.i i Mr, Wilson stated it was his understanding that i i Yne Engineering firm of Marquardt and Associates,: I ~nc,, were to undertake tile engineering on t~is ; i project. In the event the project did not go : i through, the City would be under no obligation td : pay for the work done. Mr, Marquardt was of the i i opinion thtit when the Council accepted the peti- i I tion, that their fee would start at that time. I I The question is who is going to stand. the charge$ i for the Engineering? ! * Mr. Marquardt was present and stated this projec-C : is for sewers on Buena Vista and Valley Streets. ! : They sent a letter to the City En=gineer stating i i they would prepa,re the petition and circulate ite! i Up to that time there wouJ-d be no obf_igation to i I I I I t I a I I I I 0 i the City. They have completed this work as agre?d, i and it is now time to enter into a contract as : i they are ready to prepare plans and specificatiois : and assessmen-k diagrams, I I I Cnn. ~c~hersonz st.ated it was his ucderstanding i i that if the project was 20.t eornp~eted %lie city i i would not be oxtlrL any rrency, f I I I I I I I I ! I I I I I I 1 t I I I 1 1 I I -9- D l I I I D I I I I I I ~"""""~""""""-""""""""-""~*""""""""""""""-~" e i Mayor Bieree stated this was his understanding - i ; xn otber ~3rd~ this is a "gsmble" on their part, i : Mr. i%ar:quar-dt informed the Council if this was : I their understanding they would go along. I 4 1. I I I 1 I I 4 ! t I 8 8' 8* 8\ '\ ", '* '8, \, '8 ', ' 8 ', ', ' '., ', i, of YC;: % .2 Na me '\, '$ \' f4cg:jOr .-".""""-- : 0muJ coPi?~~~7xcAT~G~~§ : I I I 1- I 4 I I I I [see 8hr'cka Cole's Certified Minutes attached) a I 1 8 I I I I I t 1 : W2EPTCATLON OF BILLS AND PAYROLL: : RatAfication of the bills was given €or tine gen- i i era1 expenses 5% the city in the amount of i $32,01O056 and for the Water Department in the ~lwlcPherson i amount of $7,488,48, for the period February 18, iGuevara i 1964, to March 3, 1964, as certified by the Dir- iI3ierce i ector of Finance and approved by the Auditing :Neiswender ! Committee, :IIughes i Ratification of the payroll was given for the 34cPhcrson i secorid half of February, 1964, in the amount of iGuevara i $18,960.91 as certified by the Director of Fin- IBierce i ance and approved by the Auditing Committee. Feiswende~ 1 "- I I I I I I I I I I I I I I I :Hughes I I I I : Joint Sewer Project. The City Engineer stated I i this item was not placed on the agenda. Plans a$ : specifications for Units 2, 3 and 4 of the Joint i i Sewer Project have been received, Approval of i i the Council for these units is necessary at thisj I time as they are anxious to call for bids, The : i City Engineer recommended that the plans and sped- : ifications be approved. ! By motion of the Council, plans and specificatimiMcPherso~ ! for Units 2, 3 and 4 were approved and authoriza--$uevara I tion was given to call for bids, !Bieuce I 1 I I s 1 I t I I peiswende: I I :liughes I I I I t : Ivlr. Lowell Rathbun, City Engineer, stated accord; I ing to information, he is one of the department i i he has the greatestrespect for all the metkbers ; ! i of the staff, He feels that they are.:.. doing i their work to .Ohe best of their ability. He ask$d i for clarification of the information. : Councilman Hughes stated he felt this should be i : the pleasure of the City Manager and he would I i evaluate all. of the department heads, i Mayor Bierce stated Mr, Wilson would make his I 1 decision on the basis of merits. ! t heads that is under discussion, In this mqect : I I u I I I I I I 4 I * I I I I t I I I I e l I I I * : Councilman McPherson stated the Council has no i i power to fire or hire department heads. I I I I I # 6 i The City Engineer €tarther stated that he has con; i tacted .the nex City Manager and he stated he wouid : do as he was instructed by the Council, ! I 1 ! * I I I I I 1 I I I I I -10- :-."""""""-"""-I"""""""""""""""""""-"" I I 8 I : X1330WRUNE3TT : i By proper motion, the meeting was adjourned i 1O:l-0 PA, I I I I I f Bespectfully submitted, I I & * 4 I t I I * I B I I I t 4 1 I I I I 1 I I I I , I I I 1 I I I I s L I I 1 I I ! 4 I I I I I I I I I I I I t I I 4 I I * B 4 i + I I I 1 I I I 1, I I I I I I i I I I 1 a I I I I I I I I 1 I 1 I 4 I 4 I I I B 1 I I I I I I B I I 1 B 4 I I : 4 I I I I I I 1. I ! i 1 I t * I 4 I I I I L I I t ? * * 4 I I @ I I 1 I I I * 1 .""""" 4 I I I L I I I at : I i ! ! 6 $ I P I t l 8 1 I I I I B I I I i I I I I I I B t I I I 1 I I * t 1 t I I I I t t B $ ! I I 1 I I I I I l a t I I I I I I I I I I I I 8 I I I I I I t t I I I I B I I I I I I ! I I 4 I I 8 * I I I b 1 I I t I * I I I I I I I I I I I t $ I 1 k 4 I I I * t ! I I I I I I I I I * 8 I I s : 1 1 I ' '>, '8 '8 'I *I 8, '\ ', 8.8 *+ 8, \*, '\ '8, Name \\ '9 of "$' + Member * """"""* 1 e 2 3 4 CARLSBAD CITY COUNCIL 5 REGULAR MEETING OF THE 6 7 8 k 9 10 11 I HELD ON TUESDAY, THE 3D DAY OF MARCH, 1964, AT 7:oo O'CLOCK P.M., CARLSBAD, CALIFORNIA. 12 PRESENT: e 13 WILLIAM G. GUEVARA 14 HAROLD E. BIERCE, JR. 15 16 1 JACK F. HUGHES CARL NEISWENDER 17 S TUART W I LS ON 18 EARL MC PHERSON 19 MARGARET ADAMS 20 JOHN SLATER 4 21 I z2 REPORTED BY: 23 24 MARTHA L, COLE, CSR 0 25 CERTIFIED SHORTHAND REPORTING SERVICE POST OFFICE BOX 581 26 OCEANSIDE, CALIFORNIA 722-0065 I 1 CARLSBAD,.CALIFORNIA, TUESDAY, MARCH 3, 1964, 7:OO O'CL( 1) 2 "-0"- 3 MAYOR GUEVARA: The Carlsbad City Council come to c 4 Mrs . Adams , will you call the roll, please? 5 MRS . ADAMS : Councilman McPherson. COUNCILMAN MC PHERSON : Here. 6 7 MRS, ADAMS : Councilman Bierce, % * 9 10 &3Uhf@ILMAN BIIlRCE i Bel?@. .MRS. ADAMS : Mayor Guevara. MAYOR GUEVARA: Here. 11 12 MRS ADAMS : Councilman Meiswender. COUNCILMAN NEISWENDER: Here. 0 13 14 MRS. ADAMS: And Councilman Hughes. COUNCILMAN HUGHES: Here, and at this time , Mr. M; l5 I'd like to make a move to go off the agenda. COUNCILMAN NEISWENDER: Second. COUNCILMAN HUGHES: I'd like to move to go off thc 16 17 I* 19 agenda . COUNCILMAN NEISWENDER: I second it. MAYOR GUEVARA: It's been moved and seconded that 20 * 21 22 go off "the agenda. All in favor. m (Councilmen Neiswender, Hughes and Bierce voted a 23 simultaneously). 24 0 COUNCILMAN HUGHES: Mr. Mayor, I'd like to move f 25 the election of Mayor at this time. 26 I'd like to move for the election of Mayor 0 1 MAYOR GUEVARA: It's been moved and seconded we ha 3 COUNCILMAN BIERCE : Second. 2 time, ,. 4 an election for Mayor. I 51 MR. SLATER: Mr. Mayor, may I ask ,something here? 6 will elect :a Mayor amongst themselves and a Mayor Pro T 8 City Council, after the general and Municipal. election, 7 believe under the Code Section 368.01, it states that t m 9 1 NOW, I don't, know what the City Attorney will indicate 10 checked this out, and this is the information that I ge 12 ,could be a two-year election for the man that's Mayor. 11 regard, but I believe there is something here that poss 0 15 16 17 18 19 20 13 COUNCILMAN BIERCE: May I, Mr. Mayor? I believe t 14 Attorney is better qualified to speak on it than the Ci Manager. MAYOR GUEVARA: Well, Mr. Stuart Wilson, would yo\ that article, 368.01, Section of Mayor and Mayor Pro Tc Council? MR. WILSON: Yes, the City Council shall meet on 1 Tuesday after the General Municipal Election and choost 21 Tempore; that is the end of it . 22 of its number as Mayor and one of its number as Mayor 1 24 MAYOR GUEVARA: Do you have any charges to make a 23 the Mayor? I e 25 26 COUNCILMAN HUGHES : No charges . COUHCILMAN MC PHERSON: Where does that give the 1 to change -- to change right now? 0 2 MR. WILSON: It just doesn't say that there's any 3 words s you have got to have one at that time; however, 6 election for Mayor after the council meeting. In other 5 my interpretation, if asked, that you'd have to have an 4 special term of office. The -- in other words, it would 7 1 doesn't prohibit you having one at any other time, also 8 have to have a new. election. .9 It's just that after the General Municipal Election, yc . 10 these. three gentlemen -- three men can dispose of our F 11 MR.. MC PHERSON: And you're interpreting that now 12 I Mayor just at their own whim, their own decision, and t @ 13 have another election tonight; is that your decision? 14 MR. WILSON: .-- if the majority of the Council wis 16 COUNCILMAN HUGHES : Question, 15 MR. WILSON: Yes. That will be my decision -- 17 that, then the majority can do it, 18 MAYOR GUEVARA: It's been moved and seconded that 20 COUNCILMAY SIERCE: Call for the question. 19 COUNCILMAN HUGHES: Question. 21 be an election for the Mayor. 8 22 I I entertain a motion for -- for 'Mayor. 23 1 COUNCILMAN HUGHES: I made the -0 I made the motic 24 it was seconded; you might poll the -- ask for the aye: e 25 the nays at this time. 26 MAYOR GUEVARA: Would you poll the Council, Mrs. i 1 MRS. ADAMS : Yes. Councilman McPherson. 0 2 COUNCIL IC PHERSON: Now, what are we voting on? I 3 talked so much I don't know what he wants. 4 MRS. ADAMS : The motion before the Counc;l is that 5. 6 Council elect a mayor. MRS, ADAMS; Councilman Bierce. 7 COUNCIL MC PHERSON: No, we have a Mayor. & -" .- 8 COUNCILMAN BIERCE: Yes . - 91 MRS. ADAMS: Mayor Guevara. 10 MAYOR GUEVARA: Yes. 11 12 MRS. ADAMS : Councilman Neiswender. COUNCILMAN NEISWENDER: Yes. a l3 I MRS. ADAMS : Councilman Hughes l4 I COUNCILMAN HUGHES : Yes. 15 MAYOR GUEVARA: Nomination for Mayor, COUNCILMMJ 'NEISWENDER: I nominate Mr. Bierce. COUNCILMAN HUGHES: I second i.t. MAYOR GUEVARA: It's been moved 'and seconded that 16 17 18 I' 20 Bierce be Mayor. All in favor. (Councilmen Hughes, Bierce and Neiswender voted a; . 21 simultaneously), t 22 I MAYOR GUEVARA: I abstain. 23 I COUNCILMAN MC PHERSON: NO. 24 '"' CoUNCILMA&J BIERCE: Now, you have two abstentions 0 25 no -- 26 MAYOR GUEVARA: That's three ayes, one abstention 1, I no, So ordered, Mr. Bierce, you are now the new Mayor, e I. .- I) nnn b 2 I MAYOR BIERCE: Thank you, sir, I will try to be a I o I ulLG. 4 5 AUDIENCE: Just- how. rotten can you people get? COUNCILMAN MCPHERSON: Would it -- Mr.. Attorney, w 6 with them. I just wondered what your opinion was. 9 of no good setting here, and I see the attorney is alon 8 we're of no good now. It's a complete frame-up, so we' 7 it be legal now for we other two to be excused, because * 10 MR. WILSON: I don't know what you mean. All I -ca 11 12 is that you're entitled to vote on these matters, and y I would think, are supposed to be here to vote. @ 13 COUNCILMAN EC PHERSON: Well 3 the Vote 3 as YOU knc 14 from now on will be no -- it will be three -- 15 16 MR, WILSON: Well, I don't know that. MAYOR BIERCE: Councilman McPherson, if I may, as 17 COUNCILMAN MC PHERSON: Oh, sure you do. 18 as I'm in the Chair -- 19 AUDIENCE : Louder, please, 20 COUNCILMAN MC PHERSON: I will address you from nc 21 I sir. 22 I MAYOR BIERCE: There has been a free vote many, m( 23 24 many times in the past b so let's dispense with persona' or anything else, and go into the pending business. e 25 MR. GUEVARA: May I say something, Mr. Mayor? 26 MAYOR BIERCE : Surely. 1 COUNCILMAN GUEVARA: On behalf of myself and only II 2 man; I feel that I completed all my duties as Mayor, 4 months that I have served as Mayor, I've been an honest 3 I would like to express my deep appreciation for the few 0 5 2nd I hop@ to serve the people until my expiration date 6 April the 14th, I believe. I wag very happy to serve tl 7 people of Carlsbad, and that's all, Thank you. 8 (Applause). 9 MYOR .BIERCE: Be'ing in the Chair, I'll move for - 10 present Mayor, and that has gone, 11 entertain a motion, I should say, for the removal of th 12 AUDIENCE: We can't hear you. Would you speak lou 0 13 MAYOR 'BIERCE: I'm sorry. I will speak up. We 14 donrt have the address system. 15 16 AUDIENCE: Speak up, please. MAYOR BIERCE: Surely. You want me to shout? AUDIENCE: Yes, please. MAYOR BIERCE: Okay, I '11 shout. AUDIENCE: Come out here. 20 OFFICER ROSSALL: Just hold it down if you expect 21 hear anything. 22 MAYOR BIERCE:. Let's everybody be in order. Ever: 17 18 19 .. 23 be in order, please. 24 25 the present City Manager for actions, which I will pre 0 1 will entertain a mot.ion for the removal o 26 i COUNCILMAN HUGHES: So move, I 1 COUNCILMAN NEISVENDER: Second it. 0 2 MAYOR BIERCE: I call for a vote , Mrs. Adam. 3 4 MRS. ADAMS : Councilman Hughes. MRS. ADAMS: Councilman Neiswender: 5 COUNCILMAN HUGHES : Aye. 6 COUNCILMAN NEISWENDER: Aye. 7 8 I MRS . ADAMS : Councilman Guevara; COUNCILMAN GUEVARA: NO, but may 1 gtate a reason? I 9 COUNCILMAN MC PHERSON: No. 12 MRS. ADAMS : Councilman McPherson. 11 COUNCILMAN GUEVARA: No. 10 MAYOR BIERCE: Later, Mr. Guevara. Let's get the .. . 0 13 14 MRS. ADAMS: And Mayor Bierce. COUNCI.LMAN GUEVARA: Now', It d- like to be heard, Mr 15 MAYOR BIERCE: Yes. .. 16 Mayor, if I'may. 17 MAYOR BIERCE: Surely. Surely. 18 COUNCILMAN GUEVARA:, My no vote' was mainly for thc 19 was prejudiced, and I felt that this shou1.d have been 1 20 reason that I felt that -- I 'felt that the Council at 1 have been held over until the new Council, which there 25 the reason why I would like to say that this -- this s 24 capable of his duties, and I feel that he is, so this 23 their decision, to determine whether or not the Manage. 22 off until the next body that comes in on April the 14tl 21 26 three new members coming into the Council, and 1 feel 0 1 this would have been the right and true way of making a 0, 2 MAYOR BIERCE:. Anybody else? I would like to make 4 Thank you. 3 determination of the new Manager -- or Manager. 5 statement at this time , .Mrs. Adams. 6 of proper administration and supervision of City affair 8 that the present City Manager should be removed, No. I, 7 The reason that -- at least, I personally fec - 9 " , AUDf EN CE : Speak up. 10 .. : MAYOR BIERCE: I'm sorry. We'll have to get a pub 11 . address system here. 12 -- failure to keep the Public well informed; e 13 Coun ci 1. 15 mental heads; and failure to follow the instructions of 14 public relations; lack. of communications with inter-dep 16 MAYOR BIERCE: Yes, sir. 18 COUNCILMAN MC PHERSON: Mr. Mayor? 17 Anybody else? 19 COUNCILMAN MC PHERSON: Did you forget to mention 20 meeting? 21 that letter that was the only thing brought up at our : 22 MAYOR BIERCE: I think, Mr. McPherson, at that til 23 mentioned the letter was merely incidental and very mil 24 e COUNCILMAN MC PHERSOM: Yes, it was very minor, b 25 caused all the trouble. 26 1' MAYOR BIERCE : \dell , unfortunately -- I 4 COUNCILMAN MC PHERSON: -- which was a frame-up, as e 2 I stated that night. 3 COUNCILMAN MC PHERSON: And I still say it is. 4 MAYOR. BIERCE: Well -- 5 MAYOR BIERCE: Mr. McPherson, now i hold the phone l 6 minute here, 7 COUNCILMAN MC PIIERSON: I have a privilege to spea: 8 MAYOR BIERCE: Surely, you do. 9 COUNCILMAlJ GUEVARA: Mr.. Mayor -- lo MR. SLATER: Mr. Mayor, may I -- Excuse me, Mr. Gu 11 these are your charges, sir, right? 12 May I ask this question on these charges that you have a. 13 MR. SLATER : Thank you. 14 MAYOR BIERCE: Right. 15 COUNCILMAN GUEVARA: Mr. Mayor, may I say somethin .16 He's finished, I believe. 17 18 COUNCILMAPJ GUEVARA: I would like to say that I MAYOR BIERCE : Surely . 19 was irregular and in very irregular manner. I feel thl 21 very poor. I felt that the whole action that was taker 2o feel that the reasons were given to remove the Manager 22 that this whole thing has been a political move, and tl 23 all that I would like to state at this time. e 24 MAYOR BIERCE: Sure. If I may, 1'11 answer. Let 25 designed to.go sometime back. Mr. Slater refused. Th 26 leave politics out of this and Mr. Slater was - shall a 0 L e I 1 COUNCILMAN GUEVARA: Correct. 4 We have the public present. 3 publicly or ,privately, and now this is a public motion. 2 a big political point made of the fact was it done 5 MAYOR BIERCE: Right? Okay. So, therefore, we st: 6 to the fundamentals, and that's it. 7 COUNCILMAN HUGHES: Mr. Mayor, might I make one st' 8 11 any reasons at this time. They will be presented, to .thl 10 to Section 2.45, it's not necessary for the Council to ; g at this time that according to Section 2.45 .. according for the appointment of a new City Manager. 13 at. a hearing, if he so .desires.- I would like to m.ove x" 12 City Manager in a letter to him, and he .will defend him: 14 15 COUNCILMAM NEISWENDER: I'll second the motion. MAYORBIERCE: Will you please have roll call? l6 I MR. WILSON: I don't think there has been a vote o 17 1 the original motion, has there? i8 , MAYOR BIERCE: No , there has never been a vote to 19 ' this to Magnolia School.- 20 AUDIENCE: (What happened to Magnolia School, etc.) 21 22 MR. WILSON : No, I don't mean that. I mean on the COln\SCILMAN HUGHES: It was on the first motion, a 23 on your motion, .Mr. Mayor. 24 MAYOR BIERCE: All right 9 please, the vote, Mrs. Ad 25 COUNCILMAN HUGHES : Aye. 26 MRS. ADAMS : Councilman Hughes. 1 MRS. ADAMS : Councilman Neiswender. 0 2 COUNCILMAN NEISWENDER: Aye. 3 MRS. ABAMS : Councilman buevam. 4 MRS. ADAMS : Councilman McPherson. 5 COUNCILMAN GUEVARA: NO. 6I COUNCILMAN MC PHERSON: NO. 7/ MRS. ADAMS: And Mayor Bierce. 8 9 MAYOR BIERCE: Yes, COUNCILMAN HUGHES: I make a motion at this time t 10 appoint a new City Manager. 11 MR. WILSON: I would suggest that if that is your 12 intention that you suspend the present Manager from dut 0 13 because he would have the thirty-day period which he wc 14 COUNCILMAN HUGHES: I would make that recommendati 15 Mr. Mayor. 16 According to -- according to -- We are refer 17 immediately, and that's in the form of a motion. 19 given his thirty-day's notice and suspended from dutie: 18 to Section 2.45 of the City Code 9 the City Manager will 20 MR. NEISWENDER: And I will second that. 21 MAYOR BIERCE: All right, Mrs.. Adams , take 'a roll 22 please . 23 MRS. ADANS: Councilman Guevara. 0 24 25 COUNCILMAN GUEVARA: No* I MRS . ADAMS : Councilman McPherson. 26 COUNCILMAN MC PHERSON: No. 1 MRS. ADAMS : Councilman Neiswender. 0 2 COUNCILMAN NEISWENDER: Aye. 3 MRS. ADAMS : Mayor Bierce. 5 COUNCILMAN HUGHES: Aye. 4 MRS. ADAMS : Councilman Hughes . 6 MAYOR BIERCE: Yes. 7 MR. SLATER: Mr. Mayor, under Article Section 2.24 8 9 Manager Pro Tern, states the City Manager shall appoint, of the City Manager and so I'm going to exercise my pre 12 Manager Pro Tern during any ,temporary absence or disabil 11 other officers or department heads of the City to serve IO subject to the. approval of the City Council-, one of the 0. 13 14 here that this is a disability- on the part of the City Manager, and. that I will appoint as City Manager Pro Te 15 ' 16 during this period,Mr. Lowe1.1 Rathbun., City Engineer, t act as City Manager Pro Tern, with your approval. 17 MAYOR BIERCE: As Mayor, I can't entertain that mc 18 I do not believe it's legal. We will ask our Mr. Attor 19 MR. WILSON: Well, of course, if he is suspended f 2o ments of a Pro Tern Manager. 21 duty, why, then. he wouldn't be empowered to make any ax 22 MAYOR BIERCE: And the motion was to have him SUSI 23 from duty, right? 24 0, MR. WILSON: Yes. 25 MAY.OR BIERCE: All. right, Mr. Slater. I'm sorry : 26 to move against your rule again, shall I say, your poi] ,. .. .. , 1 that appointment. 0 2 MR. SLATER: Mr. Mayor, may I just make one remark 3 that the intent of the three members of the City Counci 4 that due to the fact that it has been publicized in the -to the appointment of the City Manager Pro Tem, because 6 appoint the City Attorney as City Manager Pro Tem that 5 7 the fact that he is biased already by paper - notice in 8 paper, and that his opinions constitute a conflict of 9 interest, Thank you very much, 10 MAYOR BIERCE: Surely, and well-spoken, John. By 11 so you have had your piece. I will now then move or su 12 same token, you can take the other side of the situatio a 13 COUNCI.LM&I HUGHES: I would at this time like to 14 for the appointment of a new City Manager. Somebody? 15 the. City Attorney-on an interim basis for City Manager. 16 make the appointment that the --- vote of the council t 17 COUNCILMAN NEISWENDER: I will second that, He is 18 his actions; is that correct? 19 the only man that the Council has direct responsibility 20 COUNCILMAN NEISWENDER: And, therefore, I would se 21 MAYOR BIERCE : Right , 22 MAYOR BIERCE: Mrs. Adams , please poll the Council 23 this. MRS. ADAMS: Councilman McPherson. 24 e 25 26 COUNCILMAN MC PHERSON: No. MRS ADAMS : Councilman Hughes. I e 1 COUNCILMAN HUGHES : Aye. !l COUNCILMAN'NEISWENDER: Aye. 3 MRS. ADAM3 ; C0unGilm-i NciSwender* 4 5 6 MRS . ;ADAMS : Councilman ,Guevara. COUNCILMAN GUEVARA: NO. MRS ADAMS: And Mayor Bierce. 7 MAYOR BIERCE: Yes. 8 COUNCILMAN HUGHES : Mr. Mayor, I would like to makt 9 the motion to return to the agenda. 10 MAYOR BIERCE: If we will, at this point, I think 11 Perhaps some people have certain ideas as to personnel 12 we should have further discussion as to some personnel, a 13 should be presented at this time. 14 COUNCILMAN HUGHES: I. would like to make the recon 15 tion to the new City Manager that he reinstate our fern 16 of last Friday. 17 Chief of Police that was put off the job and reinstate 18 MAYOR BIERCE: Do I hear a second? 19 MAYOR BIERCE: Gentlemen, you have heard the moti 21 (Applause) . 20 COUNCILMAN NEISWENDER: I will second that. 22 You have heard the seconds. Any questions? 23 I No questions ; let's have the answer, Mrs. f! 24 1 MRS. ADAMS : Councilman Hughes. 0 25 I COUNCILMAN HUGI-IES : Aye . 26 1 MRS. ADAMS : Councilman McPherson, e - 9 e lI COUNCILMAN MC PHERSON: No. 2 4 COUNCILM GUEVARA: No. 3 MRS . ADAMS : Councilman Guevara. COUNCILMAN NEISWENDER: Aye. 5 MRS. ADAMS: Councilman Neiswender. 6 MRS. ADAMS: And Mayor Bierce. 7 at this time to return to the agenda, to return to the 9 COUNCILMAN HUGHES : Mr. Mayor, I make the motion nl 8 MAYOR BIERCE, Aye. 10 11 12 13 14 15 16. 17 18 and would recommend a slight recess. COUNCILMAN NEISWENDER: A slight recess? MAYOR BIERCE: Well, may I, as new Mayor, whether like me or you don't like me, make a statement at this The switch to the Magnolia School site was not done wit the permission. of the Council, and, therefore, we were obviously all balled up tonight. I would like to kn,ow whether people would like to go to ,Magnolia or wou1.d like to stay here, becc- 19 20 we have a full agenda yet. Gentleman in the corner is raising his hand< 21 MR. BROWER: Your dirty work is done already. I T 22 go to Magnolia, but you've got your dirty work done ri 23 now, 24 I MAYOR BIERCE: Just a moment, Sir. Just a moment 25 you ape out of order, and I will just put YOU down. 26 MR. BROWER: I mean to be. 1 COUNCILMAN HUGHES: Officer, will you ask the peop: 4 AUDIENCE: Ask them outside. They couldn't hear yc 2 MAYOREEERCE: All right, Okay, fine. Anybody else e 3 Lots of people there, I, 6 7 8 9 10 11 12 *u+ eheirie? MAYOR BIERCE: ~'rn trying to speak up as loud as I can. COUNCILMAN MC PHERSON: Mr. Mayor, I'd like to say word to all of you folks outside, Please Put all your b in standing outside to the three gentlemen over here. (Applause) MAYOR BIERCE: Well, Councilman McPherson, I think a 13 14 that's a little out of line, but wer 11 accept it and le the people take it for what it's worth, 15 to the agenda and we will hold the meeting here and we 16 Other than that, then I would say let's go 1: 0 17 18 19 20 21 22 23 24 25 26 proceed, COUNCILMAN HUGHES: Can we take a recess? OFFICER ROSSALL: Might I speak, please? MAYOR BIERCE: Surely. OFFICER ROSSALL: The folks outside all say they I like to go to the Magnolia Street School, because they hear what's going on outside. MAYOR BIERCE: Officer, do you think that would b the better way, the more people -- OFFICER ROSSALL: That's up to you folks; it's ju .. 1 they can't hear what's going on, a 2 OFFICER ROSSALL: They seem to be. 3 MAYOR BIERCE: And they're real interested? MAYOR BIERCE: Then, I'll entertain a motion to ad: 4 5 that .it wa,s pre-publicized out of order, 6 to Magnolia Street School only on the basis of the fact 7 OFFICER ROSSALL: Well, I just thought I would adv. 8 you of:.the feelings out .there. . ' 9 COUNCILMAN HUGHES: I'll make that motion, Mr. May' 10 MAYOR BIERCE: Thank you very much. 11 12 COUNCILMAN GUEVARA: I. will second it. MAYOR BIERCE: You have heard th.e motion; you have I a 13 heard the second, Any questi.ons? 14 COUNCILMAN NEISWENDER: Question. 15 MRS. ADAMS : Councilman McPherson. 16 MAYORBIERCE: Question , Mrs. Adams. 17 MRS . ADAMS : Councilman Guevara. 18 COUNCILMAN MC PHERSON: Aye. l9 I COUNCILMAN GUEVARA: Aye. 20 COUNCILMAN HUGHES : Aye. 23 MRS. ADAPIS : Councilman Hughes. 22 COUNCILMAN NEISWENDER: Aye. 21 MRS. ADAMS: Councilman Neiswender. 24 MRS. ADAMS: Mayer Bierce. 8 25 MAYOR BIERCE : . Aye. 26 COUNCILMAN GUEVARA: You better announce it. 1 MAYOR BIERCE: Due to the -- if I may, and I'm goin! * 2 publicized fact that this was -- meeting was to be held l 3 to try and shout here so everybody can hear -- due to tht 4 the Magnolia School, the coufi&l has decided to adjourn 5 meeting to the Magnolia School, You are all invited an 6 9 I would move for adjournment to the Magnolia Street Schc 8 into our full business at that time, so as of this rninut 7 it's a public discussion, and here we are, and then we g COUNCILMAN GUEVARA: Second it. 11 COUNCILMAN HUGHES: So move. , lo I mean, I would entertain -- 12' 1 (Motion unanimously carried.) c. 13 14 .?. rt. .e. 5': J. .f. s't 2'; t'c I. ,, ,. '(I n 15 16 (The following proceedings were had under1-k l7 I on the agenda, "Oral Communications.") l8 I MAYOR BIERCE: . . . .We will go back to oral communi( l9 22 body is welcome to speak. 21 the subject matter of this evening and three minutes. 2o I would like to limit anybody that has anything to say Your name? 23 MR. BLACIC: Albert E. Blacic, 260 Hemlock, Carls @, 24 I would like to read and then I'd like a decision on j 25 Citizen of Carlsbad and registered voter. I have a le 26 I "Dear Sirs: I L I 1 I I1I, John E. Blacic, do hereby request permissi e 2 1 to connect a residence at 972 Laguna Drive to sewer line 3 My part of the main line on Laguna has been paid for anc 5 with main sewer lines running on two sides of the house. 4 on Davis Place, The residence is located on a corner IC 6 7 8 L. 9 10 11 12 oi it would be more convenient to use the Line on Davis Pi' "1 thank you for your attention to this matte "Sincerely yours, "Albert E. Blacic." MAYOR BIERCE: Thank you very much. Gentlemen 9 yo pleasure? 1 The City Engineer evidently has a recommends 13 here. Mr. Rathbun, please. ~ 14 MR. RATHBUN: fir,' Mayor and Gentlemen of the Counci 15 [ You have before you here a map of the applicant's prope 16 I You are aware' that Ordinance ,7020 does not allow any pr 17 I owner to connect to a sewer which has been constructed 18 assessment, except by permission of the Council. 19 any other method than an Improvement District by speci, 20 We had no choice but to deny Mr. Biacic thi! 21 23 come up in the past; as you can see here, it is more c 22 connection and urge him to bring this before you. Thi: that sewer was constructed by cash extension by a new 24 for him to hook onto the sewer on Davis Place. Howeve c 25 subdivision, so it does require your approval before t 26 connection can be made. I would recommend that the cc 1 connection along the front of the property. 2 be allowed without further cost other than that requirec * 3 MAYOR BIERCE: You've heard the Engineer, gentlemer 4 Your pleasure? 5 COUNCILMAN NEISWENDER: Mr. Mayor, I move that the 6 application be approved and that the Engineering Depart] 7 take car?@ of the necessavy papel? work and the cost: colll 8 MR. MC PHERSON: Seconded. 9 COUNCILMAN HUGHES : Yes . 12 MRS . ADAMS : Councilman Hughes 11 Question, Mrs. Adam, please. 10 MAYOR BIERCE: , Any comments? t. 13 COUNCILMAN NEISWENDER: Aye. 14 MRS . ADAMS : Councilman Neiswender. 15 MRS. ADAMS : Councilman Guevara. 16 COUNCILMAN GUEVARA: Aye- 17 18 MRS. ADMS : Councilman McPherson. COUNCILMAN MC PHERSON: Aye. l9 I MRS. ADAMS : And Mayor Bierce. 20 MR. BLACIC: Thank you. 21 MAYOR BIERCE: Aye. F~~YOR BIERCE: Anyone else in the aud.ience wishing 22 23 speak? Q 24 DB. MERKLE: My name is Dr. Merkle; I reside at 4: 25 Sunnyhill Drive, Carlsbad, My office is at 806 Elm in 26 I have resided -- resided here now for nine years. I * I e 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 * 25 26 with some alarm the present status of what' is going on il this City. 1 *ve been through one former shake-up , and I thought that I would like to address some questions here tonight to some of the councilmen. 1 would like to address, first, through prese: Mayor Mr. Bierce -- MAYOR BIERCE: Three minutes now, remember. DR. MERKLE: ~11 right* I would like to talk, if I could, ask som& questions to former Mayor Guevara. MAYOR BIERCE: You may. DR, MERKLE: Could I speak to him, please? MAYOR BIERCE: Sure. DR. MERKLE: Mr, Guevara, I noticed in the last several months the 0ceans.ide newspaper has. been, shall w say , working you over pretty much, and I just wondered i you could give us some reasons of what has actually been going on, so that the voters know, I think you realize know I realize that when a daily newspaper continues to attack a person almost daily, that .this can be somewhat wearing, and I think that I would like to hear from you just your side of the story. MAYOR BIERCE : Councilman Guevara. COUNCILMAN GUEVARA: Well, Dr. Merkle, all I have t say is that: it is wearing, but I have a thick skin and b shoulders, and I feel that the paper is , I would say, fa I I 1 pre j udiced. e 21 (Applause). 3 4 5 6 7 8 9 10 11 12 .. 13 14 15 16 17 18 19 20 - 21 22 23 24 It 25 26 I've been contacted by a certain party that wrj these articles day in and day out, and promised me that if 1 would vote $gainst Msll Slater! I would be reelc: AUDIENCE : Oh, brother. .. .. .. ._ .. COUNCILMAN GUEVARA: . SO -- MAYOR BIERCE: I might add that was not from the Cour COUNCILMAN GUEVARA: That was from an individual and councilman. Could I answer any more? DR. MERKLE: Well, I would like to ask Mr. Bierce one question. Do you expect to be backed by the Oceanside Blade Tribune the next election, Mr. Bierce? MAYOR BIERCE: This would be problematical. I don't I stand on my record. The minutes are there, and you know how I voted, so if the Blade -- we'll say Blade Tribune -- picks me, that's their choice, not mine. DR. MERKLE: Were you picked the last time by the Blade Tribune - I mean, backed by them? MAYOR BIERCE: I believe I was. DR. MERKLE: No more questions 9 Mr. Bierce. (Applause). I MAYOR BIERCE: Wetll now hear the other side of the 1 story. I believe that whether the rest of you know this gentleman, he's Mr. John Burros of the Blade Tribune -- MR. BURROS: All I wanted to say is I want to categor: L I 2o I MAYOR BIERCE : Okay. 21 MR. MC COY: No. 1, I'd like to know why it was so UI ' ' 22 new council. 24 moment just prior to elections, rather than waiting for tl 23 that the City Manager be fired right now on the spur Of tl * 25 MAYOR BIERCE: Who would you like to answer that? 26 MR. MC COY: I think that you probably are the ring I 1 0 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 16 17 18 19 20 - 21 - 22 23 24 0 25 26 leader, I'd like for you to answer it. (Audience noise) . MAYOR BIERCE: Well, let me put it this way, Mr. Slat has been under discussion for sometime -- AUDIENCE: Why, why, why. MAYOR BIERCE: We have tried to -- AUDIENCE: Why, why, why, by who, MAYOR BIERCEr By whom? AUDIENCE : Yes . MAYOR BIERCE: By the City Council. AUDIENCE! What members? MAYOR BIERCE: Because the City Council hires the City Manager. The City Manager runs all of your business everyone of you that is sitting out there, and if the Cit! Manager doesn't spend the City's money wisely, then you are the losers, so, therefore, we have been, shall 1;Say; ( I'll include myself in, watching Mr.. Slater; we have been trying to guide him; we have been trying to put him in the right direction; but we haven't made any progress. Does that answer the question? MR. MC COY: Not satisfactorily, but it's your answe' MAYOR BIERCE: What more do you want? MR. MC COY: This is the most I can expect, I'm sure No. 2, according to the papers , at least, you people had stated that you were going to give the interim manager a big broom to sweep with. I was just wondering I 1 e 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 - 21 22 23 24 0 25 26 ~ ~~ who you had in mind in City Hall that was going to be swep out now with the big broom. MAYOR BIERCE: bkUl I wonder where YQU get tke SOUT\Q of the information; and this is not a.proper matter of discussion tonight. MR. MC COY: I think it !s a question that we're entit .. to;.it's been raised by the paper. If it's true, we're entitled to know, sir. MAYOR BIERCE: Do you believe everything you read: in newspapers? MR. MC COY: Practically nothing in the Oceanside pap Thank you, AUDIENCE: Do you deny you're going to fire anybody? COUNCILMAN HUGHES: No action has been taken. MAYOR BIERCE: Anybody wants to speak, come forward, state their name and address first. MR. VICKERY: The last name is Vickery. I belong to no organizations but one, and that's to teach young boys democracy. MAYOR BIERCE: Uh-huh, MR. VICKERY: I have this questionto ask: You, rough: or the Council people, roughly, for two years or two and a half, or since 1960, worked with Mr, Slater. It's jl come to my attention that the Council for the last couple ( years, since 1960, has allowed my tax money to be spent foolishly on a man that doesn't cooperate, doesn't get actj 15 16 ' 17 18 19 20 - and asked that he please do this and he please do that, an would not do it; and, therefore, he has been dismissed. MR. VICKERY: So then to answer your question, do you mind if I say this: Therefore, it's taken you almost -- the Board, the group, the Honorable Council members almost four years then to get up -- 21 MR.. VICKERY: Two or two and a half years, we'll say , 22 MAYOR BIERCE: No, sir, now -- . 23 two and a half years to get up the gall. 24 MAYOR BIERCE: Get up the gumption? 0 25 MR. VICKERY: Just prior to election time , and say we 26 I a mistake and we don't want to waste no more money; is tha. I 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 what you are trying to say? MAYOR BIERCE: Well, I' 11 say no. I'll tell you wha you are trying to make out of it. Yes, you are. You're trying to make a political issue just before election. (Audience noisy). MAYOR BIERCE: I said it. You can quote me. MR. VICKERY: Louder, please. MAYOR BIERCE: Louder is right* Anybody else. Yes, ma' am. MRS . GARRETT: I'm Mrs. Garrett and the actions tonig to me, have been very shocking. I feel the majority of th people here are entitled to know wha.t happened at the meet before it was adjourned to this location. (Applause). MAYOR BIERCE: I'd be very happy to pass that on to y MRS. GARRETT: I will sit down, but one other thing, you are talking about Mr. Slater spending the money. Do you not, as Councilmen, approve the budget that is submitt MAYOR BIERCE: Yes, ma'am. MRS. GARRETT: Thank you, (Applause). MAYOR BIERCE: Well, the action -- pardon me -- the actions taken before we moved to this particular location law, we ape required to meet at the other location. Nsw, whoever put out the information that we would meet at thi: location was without authority and took it on their partic 0 e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I self to do it, because you cannot do it without Council action, Remember this. I'm trying to explain aSixth Cla: City to you;whether you like a Sixth Class City or not, this is not my doing. This is the way it works, so, then fore, the Council is the governing body and they either h: ~r firg tw~ people in town, One is the City Manage?, one City Attorney. From that point on, it becomes the City Manager's job to run each department properly, Now, if I I ve got a private business and I hire somebody to do a job and I suggest he do this and I sugges do that ,' and he doesn't, then I begin to scratch my head ; think, well, why:? All right, so now , do you want the actj Mrs. Garrett; be very happy. MRS, GARRETT: What reason did you have to remove thc Mayor? MAYOR BIERCE: No. 1, ,we had a roll call; No. 2, we moved off the agenda; No. 3, we removed the present mayor No, 4, we apppinted myself -- AUDIENCE: Why, why, how , why? MAYOR BIERCE: I don't think this comes into it right now , (Audience noise). MRS. GARRETT: We would like the minutes read, please if you don't mind. MAYOR BIERCE: The minutes will be all in order. Yo1 .have a stenotyper here tonight, I I i I We removed the present City Manager because of 0 2 th:rty days -- I ehould say any actions that he has taken 3 certain actions and we rescinded his activities as of the 4 5 have been rescinded, which in effect, if you want to know job as of the day he was rescinded. 6 means that Mr. Palkowski as- Police Ch'ief is back on the 7 Then, we appointed a new City Manager, and tha 8, find a -- what we consider a competent City Manager. 9 was Mr. \dilson 8s Interim Manager until 'such time as we c io AUDIENCE: Who? 11 MAYOR BIERCE: And if I may add Zo all the remarks c 12 here, our Code also says that no City Councilman can ever 13 about it. 14 become a City employee until five years, SO don't worry 0 l5 I Then, we came back On the agenda, and then we 16 17 18 19 20 21 22 23 e 24 25 26 decided whether to come up here or not. Now, it was our prerogative to. stay there, be' this was called out of order and by -- with no authority anybody, but we decided to come up here because we knew there were a lot of people here and they wanted to hear so here we are. Does 'that answer your question? MRS. GARRETT: No, Mr. Bierce. I'm sorry, it doesr Now, I , for one, have been very pleased with Mr. Gueva~ I have found nothing wrong. with him personally; evident: you have, and I feel we are entitled to a reason for th: action being taken. - .. .. I 1 MAYOR BIERCE: Mrs. Garrett, I don't believe that is e z part of the issue tonight. 8 MRSlr GARRETT; But it is j it is! 4 MAYOR BIERCE: No, it's not, and I will have to rule 5 (Audience noise 1 a 6 not a question. , . 8 That happens to be a prerogative of the- Council and it's 7 out of order on that to anybody who asks that question, 9 Now,. you may question it in your own .minds and 10 but the answer is no, 11 what you want to about it-, . ;You-'have a .remedy election-wi .. 12 MRS. GARRETT: I think it's my prerogative to ask an i ations b e 18 question in oral communic 14 MAYOR BIERCE: You have had your three minutes , Mrs. 15 Garrett a 16 MRS, GARRETT: Only you have taken it up. l7 I (Audience noise). l8 I MRS . GARRETT: Now, we didn't get the minutes read. 19 MRS. GARRETT: Well, the minutes of the meeting at. t 20 MAYOR BIERCE: Which minutes are you speaking of? 21 here, did not get to see or hear. 22 City Hall this evening, that the rest of us, which came 23 MRS. GARRETT: Why can't they be read? I feel we ax 25 a week. 24 MAYOR BIERCE: They will probably be published withi 0, 26 entitled to a better answer than what you're giving us. L 1 MAYOR RIERCE: Well, let me put it. this way, 'Mrs. 0 2 Garrett. I will rule you out of order right now, but I 3 will give you this much of an answer. You don't ask for 4 hasn't been concluded yet. 5 minutes of a meeting until it's conclu,ded, and this meet 6 Yes, ma' am. 7 UNIDETNFIED WOMAN: You mentioned about it being ou 8 just like to turn that over and I would like to know who 9 order, you know, for a meeting to be held here. I would 10 published that, 11 MAYOR BIERCE: Yes, I've read this, and I would lik 12 why, I'm glad to know. Thank you very much, 13 know who published it, and if you take the authority for e 14 Yes, sir. 17 Anybody else? 16 MAYOR BIERCE: All right, This is real good. 15 UNIDENTIFIED WOMAN: I would like to know. 18 MAJOR CLOSSON: Gentlemen, I'm Major Closson, 2663 I 19 23 the woeful lack of information that this City has had 22 transpired, I'm even more concerned and the first area i: 21 several areas and since I've been here and I've seen wha- 20 Drive. I came here tonight, because I was concerned ab01 through this controversy that's raged recently. No one E e 24 We have to rely entirely on press accounts, and I'm not 25 to be a spokesman for the City; no one knows anything. 26 referring to the Oceanside paper, because I don't read il a 8 9 10 1 2 3 4 5 6 7 I but I just -- (Applause). Our own local paper didn't have too much, and to rely to a large extent on the San Diego Union, which me to wonder, whether we should not have 'a spokesman. It my understanding that a Mayor usually speaks for the City, so perhaps it's a good 'thought that the people Of 11 12 0 13 14 15 16 17 is 19 20 21 22 23 Carlsbad elect a Mayor as a chief e&ecutive, rather than to have a Mayor elected from within the ranks of the Cou -, on the basis of you pat my back and I'll scratch yours. (Applause). .. . . The second area is with regard to this circus this eve.ning. As I've pointed out, we have to rely enti: on the press and radio accounts of what's taking place. We were all led to believe through the press and up to tl very last minute on the radio that the Council would meel at i;ts regular chambers as a.matter of formality, and immediately adjourn because, of the interest of the public in this controversy to this place: Mow, it may have been released by someone with authority, but if this be true , certainly someone else cc countermand this and pass the word to the radio station t this is not to be done, so the majority of the people came 0 24 business with which we 2rere primarily concerned transpire 25 here this evening to listen to sewers and zoning and all 26 I before the Council came here. I 1 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 1 21 22 23 24 0 25 26 Now, I think this is a lack of consideration the part of the Council. I realize that it's the Counci prerogative to act in this arbitrary manner, so this is \ I agree with the Mayor that the other twenty-five hundrec voters ought to turn out and make sure we have elected tl office the most responsible people that we can have. MAYOR BIERCE: Thank you 9. sir. (Applause) , MAJOR CLOSSON: I'm not finished, The third area involves the aspersions cast UT our excellent Police Department by the actions taking pli recently, all apparently in secrecy. I admired this Police Department before 1 elected to make Carlsbad my permanent home, and I still do, and I will continue in that until some concrete evide indicates that my confidence has been misplaced. I think the City Attorney -- I suggest that th Attorney check and see if the City Hanager has statutory authority to summarily dismiss a City Manager, and if tha- be true, then perhaps it might be well to arrange some method where the Council must ratify actions on such an important office. With the lack of information out, why it was done and why it was reinstated, people don't know, this merely casts a shadow on a very, very excellent Polic Department, and I speak again that I have all the confider, in the world in this Police Department and in its chief, a e - 0 0 1 2 3 4 5 6 Q 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I think it should be upheld, and I don't think the actic the Council tonight is sufficient, or goes far enough. In addition to being reinstated, I feel that this Councj should come out and express a vote of confidence for OUI excellent Police Department. Thank you, (Applause 1 , MkYdP. BIERCE: Thank you very much, Anybody else? MR. NETKA: My name is John F. Netka, citizen of Carlsbad. I live at 3424 Valley Street, very short ways from here now. I have never violated a .City Council, bu maybe once or twice, certain things came up, and I tried to get an understanding from the City Council, yet I got the old runaround, but that's quite all right. j I don't care. You see, I'm retired; I got lots of time. I can wait. Now, what has happened, here in the past 9 we the people of Carlsbad are tired of being pushed back. Now, like to know what goes on in our City, whether we're goil to build more beautiful parks, more recreational areas, whether it's going to be attractive for the rest of the Californians to come here and settle, because this is a. beautiful City.; I've been here for over sixteen years anc seen it grow from a very, small, rural community, and it peaceful. We didn't have any City Council; we 'didn't haa anything. The County was here, and it was good. They pa our streets. We didn't worry about anything. I 1 2 MAYOR BIERCE: Mhat's your particular problem? MAYOR BIERCE: Well, it seems we have had two exprf 5 (Applause), 4 MAYOR BIERCE: Thank you, sir?. 3 MR. NETKA: Stop pushing the people around. 0. 6 7 from the last two gentlemen that spoke indicating a lac3 attempt to approve -- improve upon it in the future. 10 has been retired. I want you to know that, and so we'll 9 Carlsbad. This is one of the basic reasons that Mr. S1t 8 of relations between the City Council and the people of 11 Yes, ma' am. 12 Now, anybody else? e 13 claim you fired Mr. Slater because he did not communiea. 14 MRS. KILL: I'm Grace Hill, 1726 Forest Avenue. Y1 15 to answer them. x yet questions have been asked here tonight and you have 17 (Audience noise). 18 MAYOR BIERCE: No, ma'am, I've never refused -- 19 MRS . HILL: All right, why was Mr.. Guevara put out 2o 23 I would like an answer to that. 22 elected Mayor; and why was Mr. Pafkowski put back in? 21 mayorship; why was Mr. Sl.ater fired; and also why were (Audience noise). 24 0 MAYOR BIERCE: Those are good questions . I can't 25 answer them all, because I'm one man. 26 MRS. HILL: .You fired Mr. Slater for the very reas I I 1 I that you are not doing what you should be doing. 0 21 MAYOR BIERCE: Thank you, ma'am. SI Mr. Burkhart (phonetic). 4 I ?.I * 6 AUDIENCE : Answer the question. MAYOR BIERCE: I don't intend to answer a bunch of 6 tend to do it. 7 loaded questions. I know how to answer them, but I don' 8 9 Mr. Burkhart m MR. BURKHART: Mr. Mayor, do I have the floor? 10 MR. BURKHART: Thank you, sir. Now, I want to say 11 MAYORBIERCE: Yes , Mr. Burkhart. 12 this, and ad-libbing the remarks which were made by my 0 13 the finest chiefs of police that any City anywhere coul 14 friend the major, I think we h,ave now -and have had one 15 Now, I look at these police officers heretm 16 we have such a police force. 20 was in a position to do it. We should be thankful tha' 19 wouldn't give a bigger and better job or more money, il 18 not one of those men that I can't condone and 'endorse, 17 and any other police officer on our pol'ice force. Ther 21 Now, secondly - and I don't want to exceed 22 1 do have my own opinions, and I think one should have 24 any City official, elected official, or anyone else; h 23 limit - Now, I am not taking sides with any Councilman 0 25 opinion and a purpose and a determination. However, I 26 I have, since I first came here -- this is the thirteent 1 as soon as it was legally possible for me to vote, I 0 2 3 voted; I haven't missed any election, have failed to vo at any election since that tine. Now, the records will 4 tried to get people that I know,, and I know a great mar 10 of the registered voters have voted, and I personally k 9 has never been one election at which. much more than ha1 8 regardless of how they're voted, that's immaterial - th 7 Now,. when you compare. the number of votes that are cast 6 year, and our City has about doubled since I came here 5 and I get the voter lists from the Registrar of Voters - 11 1 people, just to take enough time to get down to that p( 12 I place and vote. I don't care who they vote for or for 0 13 14 Now, the point is this : Every person, in this house to] every person that is a citizen, of this fine City of thc 15 and when you go in that -voter's booth and you pull tha. 16 Sixth Class has a very potent weapon and that is the vj nia. 20 Carlsbad .or Pennsylvania, from which State I came to C 19 that any Democracy can give you, whether you live in 18 curtain shut, you are exercising one of the greatest t: 17 ;$ .21 Now, then, I would like to say this: If yo 22 23 disagree with anyone on .this Council, or any other ele official, just get out there and vote for or'against, 24 MAYOR BIERCE: Thank you, Mr. Burkhart. 0 25 MR. BURKHART: That's my opinion.. Thank YOU, sir 26 (Applause) . 1 0 2 3 4 5 6 7 8 - 9 10 11 12 0 13 14 15 16 17 18 19 20 ri 21 29 23 24 0 25 26 MAYOR BIERCE: We are rapidly running out of time, probably have the patience of the audience, We're still open fpr any questions that anybody wants to come up and talk about , There's a lady. Yes, ma'am, your name, please. MRS. PRIME: My name 4s Eleanor Prime (phonetic) ; I live at 2535 Davis .Avenue, Carlsbad, I think we should the appreciation of our police department when the budget comes up to give them more money. They certainly need 'it . MAYOR BIERCE: Thank YOU, ma'am. (Applause). COUNCILMAN MC PHERSON: Mr. Mayor, may I say a word MAYOR BIERCE: Surely, COUNCILMAN MC PHERSON: To you people that were not down at our regular meeting place and do not know exact1 what happened, I would like to say that two of us voted the removal of our City Manager; three voted to remove h it takes, and the mnoval of our Mayor from the office t was a planned deal and no one knew anything about it but three that ousted him out. MAYOR RIERCE: Mr. McPherson, you have had your say (Audience noise). I see no more hands, so I will close oral con cations . "-0"- r ., 1 STATE OF CALIFORNIA) : ss. 0 z COUNTY OF SAN DIEGO) 3 I, MARTHA L. COLE, Certified Shorthand Reportt 4 of California, do hereby certify: 5 a Notary Public in and for the County 'of San Diego That I reported in shorthand the proceedings 6 .. * 7 Carlsbad City Council on March 3 , 1964; that my sh 8 in the foregoing transcript -had at ,the haar?ing befs .. c 9 I' notes were later transcribed into typewriting by m 10 said proceedings . 11 the foregoing transcript contains a true record of 12 IN WITNESS WHEREOF, I have hereunto set my ha 0 13 affixed my seal of office this 10th day of March, 14 L...l..ll..I.,~I'..,.,',,~......l.l..........,,,'. ........................................ OFFICIAL SEAL i p;; a4 n i>-:;-;, 4, \ r, &L,,,,b+:;,,,\ !:+t**.~ i 1 t Lf L -. COLE . 'i ;$:$$ $F;;::L!?:\L SFFiCE IN &""."~,,.,,.ul."~~~,,,~~,~,~~',,",,~,,,,~,,,.,,,.,.~,~,,,~.''~.,,,..,.,.? 15 f UCd+ SAN OiEGO COUNTY : 16 I. ; kw)'\- 'Jhi:~.&$h$i PIP,'; ':!, (.L;2i,j;; . C,':,,LiF()RI\IA Li @ l 17 My commission expires: May 11 , 1 18 19 20 21 22 23 24 25 26