HomeMy WebLinkAbout08/03/1959AUG .3. 1959
COUNCIL MINUTES .
August 3, 1959-- 7:30 PM
The City. Council met -in regular session with Mayor Fred M. Waters presiding.
Roll Call: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J.'Barry Smith, Fred M. Waters
Absent - None
' Minutes of tle meeting of July 13, 1959 were approved as read. Minutes for the
meeting.of July 20, 1959 were approved subject to the following corrections:
Correction and addition to last two statements on the appeal of E. L. O'Reilly,
Page 3. Change the name Houser to Hayes in the-second paragraph of Item 2,
Page 6.' '
Claims aaaiast-the City for the month of August, 1959, were approved on motion
of Kenneth W.' Jones, seconded by Gerald W. Shipsey, subject to the approval
of the Administrative Officer.
< COMMUNICATIONS
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1. Request from the Disabled American Veterans Memorial Chapter No. 45, for per-
mission to'hold their annual flower sale in the City on August 6 and
7, 1959, was granted on motion of J. Barry Smith, seconded by Kenneth W.
Jones.
2. Bulletin from the Civil Aeronautics Board on the matter of the Pacific South-
west local service case, denying.applicatLon for exemption for the City of
San•Iuis Obispo was received and filed.
3. Communication from the State Comoensation.Insurance Fund, forwarding to the City
' the final dividend adjustment for the City's policy ending July 1, 1957,
of•$229.54, was received and filed.
4. Communication from.the State Employees' Retirement System regarding new
employer rates of contributions was received and filed.
5. Notice -of abatement by the City Building Inspector, fora residence located
at 1515.Toro Street, owned by Charles Delmartini, was received and filed.
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6. On motion of J. Barry Smith, seconded by Kenneth W. Jones, permission was
granted to the Administrative Officer to advertise forbids on the follow-
ing:
1. 1250 GPM Fire Truck
2. Radio sets for Fire Department emergency call- outs.
7. RESOLUTION N0. 573 (1959 Series), "A Resolution Creating a RevolvingFund for
the Richard Street Assessment District" was passed and adopted on motion
of= Gerald -W. Shipsey, seconded by Donald Q. Miller on the following roll
call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
' ABSENT: None
8. RESOLUTION NO. 574 (1959 Series), "A Resolution Increasing the 1959 -60
Budget" faddi.ng Account 221, Richard Street Revolving Account) was passed
and adopted on motion of Gerald. W. Shipsey, seconded by Kenneth W. Jones
on the following roll call vote:
AYES:_ Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
. J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
AUG 3 1959
9. RESOLUTION'NO. 575 (1959 Series), "A Resolution Authorizing Execution
of Easement with Southern Pacific Railroad Company for 12" Water
Line at Orcutt Road" was passed and.adopted'on motion of Gerald W.
Shipsey, seconded by Kenneth W. Jones on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q.Miller, Gerald W. Shipsey,
• J.-Barry Smith, Fred M. Waters
NOES : - None
ABSENT: None
10. Mr. Miller, Administrative Officer, announced the appointment of the
following: '
CHARLES A JONES- -- Assistant Building Inspector, effective August-l-,-1959,
at $390 per month.
CARL L "HALL - Animal Patrolman, for the month of August, 1959; at $330 per
month.
JOHN D GREENE -'Police Officer, effective August 1, 1959, At. $368 per month.
LON D COCHNEUER - Police Officer, effective August 1, 1959 at $368 per month.
JAMES W NORTON = Police Officer, effective August 16, 1959 at $368 per month.
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11. Mr. Thompson, Water Superintendent, requested permission to call for bids for the
purchase of 3900 ft of 6" cast iron pipe to be installed by Water Dept.
crews to'replace deteriorated pipes in the water system. Request approved
on motion of Donald Q. Miller, seconded by Gerald W. Shipsey.
8:00 PM - PUBLIC HEARINGS
ORDINANCE NO. 121 -
At this time the Mayor declared the public hearing open on Ordinance No. 121
(1959 Series), "An Ordinance of Intention to Abandon a portion of Pepper
Street."
There being no protests, the hearing was closed and Ordinance No. 121 was '
finally passed on motion of J. Barry Smith, seconded by Kenneth W. Jones
on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: .None
ABSENT: None
ORDINANCE NO. 122
At this time the Mayor declared the public hearing open on Ordinance No. 122
(1959 Series), "An Ordinance of Intention to Abandon a Portion of Venable
Street."
There being no protests, the hearing was closed and Ordinance No. 122 was.
finally passed on motion of Kenneth W. Jones, seconded by Donald Q. Miller
on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
ORDINANCE NO. 124
At this time the Mayor declared the public hearing open on Ordinance No. 124
(1959 Series), "An Ordinance Amending Section 9200.17 (g) (1) and Section
9200.17 (g) (2)." (Board of Adjustments)
Councilman Miller questioned the advisability of the Building Inspector, who
was subject to the City Engineer, as his department head, acting as a member
of the Board of Adjustments, and suggested that someperson other than the
Building Inspector, who was an employee of the Public Works Department, be a
member of this committee.
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Mr. Miller, Administrative Officer, explained the background and reason-
ing for having the employees handle these problems and the fact that the
Board of Adjustments had actually been formed some time ago and had been
operating under a more limited set of duties.
Mr. Romero, City Engineer, stated that the Building Inspector was necessary
to the Board of Adjustments because of his knowledge regarding setbabks, etc.
Mr. Houser, City Attorney, explained that the Board of Adjustmert s must
have a unanimous tote of the three employees and that a property owners
always had an appeal to the Planning commission and /or the Council.
Ordinance No. 124 was finally passed and adoptedon motion of J. Barry Smith,
seconded by Kenneth W. Jones on the following roll call vote:
AYES: Kenneth W. Jones, Donald-Q. Miller, Gerald W.'Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
ORDINANCE NO. 125
The Mayor declared the public hearing open on Ordinance No. 125 (1959 Series),
"An Ordinance Adding Section 9200.16 (7) to the San Luis Obispo Municipal
Code Providing for the Regulation of Deep Lot Subdivisions."
Councilman Miller stated that he did not think the ordinance was clear as
to when it would be applied.
The City Clerk then read Ordinance No. 125.
Mr'. Romero, City Engineer, stated that it was the intent of the Planning
Commission that this ordinance be applied when a person was not able to
develop his property in any other way.
1 On motion of Kenneth W. Jones, seconded by J. Barry Smith, Ordinance No. 125
was finally adopted by the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
ORDINANCE NO. 126
The Mayor declared the public hearing openon Ordinance No. 126 (1959 Series),
"An Ordinance Amending Section 9100.4 and 9200:16 of the San Luis Obispo
Municipal Code." (Cooperative Apartments)
There being no objections, either written or oral, the hearing was closed
and Ordinance No. 126 was finally adopted on motion of Kenneth W. Jones,
seconded by J. Barry Smith on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: . None
ABSENT: None
ORDINANCE NO. 128
The Mayor declared the public hearing open on Ordinance No. 128 (1959 Series),
"An Ordinance Amending Section 9200.19 (a) to Change the Zoning Amendment Fee
From $25 to $60."
There being no protests, Ordinance No. 128 was finally passed on motion of
Gerald W.Shipsey, seconded by Kenneth W. Jones on the following roll call
vote:
AU G 3 1959
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,.
J. Barry Smith, Fred M. Waters „
NOES: None
ABSENT: None
ORDINANCE NO. 129
The Mayor declared the public hearing open on Ordinance No. 129 (1959 Series),
"An Ordinance Amending Section 3200.8 to Restrict Early Morning Parking."
There being no protests, Ordinance No. 129 was finally passed and adopted
on motion of Gerald W. Shipsey, seconded by J.Barry Smith on the following '
roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred_M. Waters
NOES: None
ABSENT: None
JOHNSON AVENUE PLAN LINE
The City Clerk read Resolution No. 341 (1958 Series), "A Resolution
Establishing Certain Policies of the City in Connection with Plan Lines."
Mayor Waters explained the background and reasons for moving the proceed-
ings along more rapidly, so as to widen this particular street.
The Mayor called on City Engineer Romero to read the following excerpt
from report from Mr. Romero to Council on problems arising in enforcement
of plan line policy and recommendations for correction:
"In deciding the limits the city should set regarding participa-
tion in retaining wall construction on plan line widenings.we must-
weigh on the one hand the huge unnecessary expense to the city
wbreeitr_to construct retaining walls for any property owner who de-
sires a wall but cannot show definite need, and on the other hand '
the deterrent to the plan line program if property owners feel the
city policy is so strict that widening will damage their property
or leave them with expensive. problems, thus causing a reluctance
on their part to participate in any widening. In arriving at a
policy equitable to both sides, I believe the standard should call
for a retaining wall whenever a 2:1 slope in either cut-or fill will
create a normal front yard less than the minimum setback called for
by the zoning. When an existing building will have a front yard
less than this, I believe the owner could prove damage and the city
could use the wall as a means of compensation. In some cases it may
be necessary to work out a combination of slope and wall with an
individual property owner, however I believe each of these should
be decided on its own merits."
Mrs. Bilodeau, property owner, protested the establishment of a plan line
because of.the indefinite time when the street will be.widened and property
acquired. She said the City should not take any area for street widening
unless the City pays for it as this plan damages property and people will
lose the value of their property.
Mr. Graves askedfor clarification on the City providing curbs and gutters
for normal residential lots."
The Mavbr answered that this is the normal frontage used by single
family homes regardless of actual footage. '
John Sleeth asked what is a normal residential setback ina normal. resi-
dential zone.
Mr. Sleeth asked what consideration has been given to another outlet or to
making Johnson a one -way street.
The City Engineer replied that plan lines had already been adopted on Laurel
Lane and were under consideration on Orcutt Road and Broad Street, which
would provide circulation from the Johnson Avenue Area. In addition,
tentative plans have been made for a railroad grade separation in the vi-
cinity of South Street, and there are plans to extend Flora Street, Sierra
AUG 3 1959
Way and Helena Street to provide better circulation forithe area.
Mr. Herrera stated that the majority of traffic from downtown San Luis Obispo
goes only to the County offices at Bishop and Johnson Avenue. Why widen
the street from Bishop to the City limits?
Mr. Romero, City Engineer, reported that Johnson Avenue was recommended as
a major street in the master street and highway plan presented by Hahn -Wise
and Associates in 1953. He then went to the Johnson Avenue plan line map
and explained the design standards used for setting the street width and
' discussed the details of the alignment through the length of Johnson Ave.
Mr. Henry Diel asked for information regarding the development of his prop -
erty at the corner of Sydney and Johnson Avenue. He stated that as he un-
derstands the proposal, the City would be required to buy the right -of -way
as her -has no intention of dedicating the right -of -way to the City.
Miss Plato asked if she dedicated right -of -way would she be required to put
a sidewalk on her property.
Mrs. Burke inquired when the master plan becomes out of date.
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CJ Mr. Romero stated that the Council is now considering authorization of a
new master plan which would include major streets. However, he stated he
o-� was quite certain that the basic major street pattern already made out
would not be changed.
Mrs: -Burke also asked why the City would widen the street when the capacity
at the underpass would be less than the new street width.
Mr. Romero, City Engineer, replied that the underpass has sufficient width
to provide four traffic lanes but that parking would not be permitted in
the vicinity of the underpass. He stated further that the street section
chosen for Johnson Avenue would provide for two travelled lanes in each
direction, a parking lane on each side and a sidewalk area on each side of
' the street.. He stated further that the parking lane and the sidewalk weie for
the convenience of the.residents.
Mayor Waters further explained that this plan was for future development
to carry the additional traffic and provide-sidewalks so that.the children
going to school could do so safely and without fear of traffic.
Mr. Merson student, suggested that rather than widen the street, that
possibly the requimments of parking on only one side and installation of
sidewalk on one side of the street would alleviate traffic and allow more
traffic to travel on the street.
Mrs. Thomas protested denial of a previous request for a circular driveway
on her property with two accesses on Johnson Avenue. She also protested
installing a sidewalk in front of her property when it would be the only
one in the area.
Mr. Sleeth asked that serious consideration be given to making Johnson
Avenue a one -way street with circulation out Johnson, down Laurel Lane or
Orcutt Road and back into town by way of Broad Street.
Mrs. Diel appeared before the Council urging that study be made for another
route which could be opened into this area to alleviate the tremendous
traffic problem being brought on by the development of the Southwood tract,
industrial area, etc.
Mayor Waters declared a recess at 9:15 pm.
The meeting reconvened at 9:25 pm.
Mr. Diel asked if the City had compared itself with other cities as to whether
they demand the.property for plan lines,or buy it from the owners.
Mayor Waters explained it was done invarious ways.
Mr. Diel explained he meant cities of comparable population. What was the
rouncil'R nni.n ion on this.
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Councilman Miller reported that he had called the City Administrative
Officer in Pomona and asked him the following questions regarding their
plan line program:
"Question - What do you think of the program?
Answer - Mr. Sharp said the program had been very beneficial to
his city. With such a. program the city can prevent.the
auto from enslaving the city.
Question - What were the reactions.of people involved in plan lines?
Answer - It depended on the zoning of property. Owners of commer-
cial property readily deeded the land to the city. They 1
could see direct benefits. Residential areas that were in
the transition to commercial,. i.e., single family dwelling
units in R -3 and R -4 where some of these units.were used
as professional offices tended to agree to the plan.line pro-
gram as they could see the increase in value of their prop-
erty withewider.streets aad.eventual C -1 and C -2 zoning.
Resistance to plan lines was strong in the R -1 areas. These
people could see no advantage of street widening-- the -bene-
fit was for the community, many felt. However, with coop -
eration between the city and the ird ividual, R -1 property
owners cooperated. Mr.•Sharp stressed emphatically that
the city must cooperate with the individual property owner to
reach a just and equitable agreement. Each case had dif-
ferent problems. The importance of the city meeting with
the individual property owners was mentioned on three separate
occasions by Mr. Sharp, during our conversation. Quoting
him, "You have to work with people on the plan lines - -each
case has its own problems." .
Question - What happens with those homes close to the present street- -
then when the plan line is projected the house will be with-
in several feet of the widened street?
Answer - We have had these problems, said Mr. Sharp.. What we do is '
meet with the property.owners and agree to a cash settle-
ment, We give the home owner the cash - -if he wants to use the
money to move the home he can or he can use.the money any way
he desires. Our experience has beei where a home-is within
ten feet of the widened street we reach a cash settlement.
However none of these homes were moved by the owner. (Mr.
Sharp here remarked that often the residential property on
main thoroughfafes would be in time zoned to commercial.)
Question - What does the City do where there are existing walls, trees
and shrubs?
Answer - We move the trees wherever practical. Walls we replace with
the same type if the property owner wishes. We had a doctor's
office with an adobe wall -- that's what he wanted so when we
widened the street we built him an adobe wall. On such items
as sprinkler systems, Mr. Sharp said, the city pays the prop-
erty owner to have the job done.by a -party of his choice..
The reason for this is it precludes the property owner coming
back to the city with a complaint that the system leaks.
Question - What is the average width the city of Pomona requires in their
plan line program?
Answer - Most cases 10 to 15 feet - -some instances as much as 25 feet.
Question - Do you require subdividers to deed strip within the plan line I
then put in curbs and gutters at his expense? .
Answer - Yes - -any individual who divides a lot must meet these require-
ments.
Question - What about the issuance of variances? Does the e'ity of Pomona
require deeding-property within.plan line area and placing
improvements?
Answer No, this is illegal - -(This writer is sure he heard this
answer correctly - -here the City Attorney could check)
AUG 3 '1959 19 3
Question - What money do you use for widening plan line streets?
Answer - Gas taxmoney from the state and county money. (I am not sure
whether he mentioned using money from the general fund)
Question - Are any of your plan line ordinances limited to, say, 5 years?
Answer - Yes, we had one that the city and property owners agreed to a
four year time limit."
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
Councilman Miller suggested the Council pass a Resolution of Intention setting
forth their policies for adoption of plan lines, and covering methods of
acquiring property for said plan line.
12. Communication from the'Board of Supervisors regarding the Resolutions of
the Cities of Paso Robles and San Luis Obispo with reference to equitable
distribution of County government costs which were ordered filed by
the Board of Supervisors, was received and filed.
13. Communication from the League of California Cities regarding the request of
Los Angeles County for reapportionment of the State Senate and the stand
' of the League Board of Directors was received and filed.
14. The following contract payment was approved by the Council on motion of
Kenneth W. Jones, seconded by Donald Q. Miller:'
L. E. WEBB CONSTR CO.
Terrace Hill Water Tank -- $ 359009.85
Councilman Miller stated that he was not opposed to plan.lines in principle
but.was opposed to the way the City had been executing the plan line program.
The City is using it as a means of extorting property from the people. The
program should be fore the benefit of the people who live.on Johnson Avenue
and to -the community.as a whole.
The City should cooperate in the following manner. If a person deeds his
entire property, the City should put in the curb and gutter for the entire
width. If he decides to subdivide later, the City will be reimbursed for
the undeveloped section that they have paved in front.
Councilman Miller then readminites of the City Planning Commission for July
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16, 1959, Item 5'. Councilman Miller did not believe ;this to be fair and
said that it appeared to be a method of extorting.,property from property
owners through the use of variances and use permits. He further stated that
he wanted the department heads and city employees to work with the citizens
and not use arbitrary methods as.has been done in the past.
Mayor Waters said he believed that Councilman Miller's statement regt rding
the City using extortion to get property was not a fair statement. He
stated that the City must set these plan lines so that the proper growth of
the community can be assured.
Mr. Houser. City Attorney, explained that if the Council wanted to fcr orally
consider the plan line'; the proper procedure would be to pass an ordinance
to print.
On motion of J. Barry Smith, seconded by Kenneth W. Jones, ORDINANCE NO. 130
(1959 Series), "An Ordinance Amending Section 9300.4 of the San Luis Obispo
Municipal Code by Adding Subsection (7) to Provide for the Plan Line on
Johnson Avenue" was introduced Land passed to print on the following roll call
vote:,
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
Councilman Miller suggested the Council pass a Resolution of Intention setting
forth their policies for adoption of plan lines, and covering methods of
acquiring property for said plan line.
12. Communication from the'Board of Supervisors regarding the Resolutions of
the Cities of Paso Robles and San Luis Obispo with reference to equitable
distribution of County government costs which were ordered filed by
the Board of Supervisors, was received and filed.
13. Communication from the League of California Cities regarding the request of
Los Angeles County for reapportionment of the State Senate and the stand
' of the League Board of Directors was received and filed.
14. The following contract payment was approved by the Council on motion of
Kenneth W. Jones, seconded by Donald Q. Miller:'
L. E. WEBB CONSTR CO.
Terrace Hill Water Tank -- $ 359009.85
194 AUG 3 1Jby
OLD BUSINESS
1. The Traffic Committe reported on the following matters referred:
"59 -7 -3C. The-Traffic Committee has studied the request of the Anchor
Insurance Service for parking time limits on Santa Rosa between Mill
and Palm, and while the committee feels that installation at this time
might be premature because of the large number of residents facing Santa
Rosa in this block,-such time limits are inevitable at some•future date.
However, we do not feel too gtrongly sbout the matter, and if the Insur-
ance Service wanted to pursue the matter, we would suggest that they be
authorized to contact the residents on Santa Rosa in both blocks above
Monterey to determine their feelings on a two -hour time limit. If a
majority of the residents signed a petition to this effect, we feel the
Council should give such request favorable consideration.
"59 -7 -4C. Reference is made to the request of the E1 Carlos Motel for
a porcelain enamel directional sign reading "Motel" at the corner of
Archer-and Marsh. These signs have beeninstalled In the past by the
City where it is felt the motoring public needs some guidance in finding
motel and other accomodations. Since the E1'Carlos Motel and the new
Motel on Marsh Street are only one lot removed from the intersection
and are made clearly visible by means of - appurtenant lighted signs, it
is the recommendation of the Traffic Committee that this request be denied."
2. Proposal from Rirkbride, Wilson, Harzfeld & Wallace, Special Assessment
Attorneys, for legal services on the future assessment districts was
accepted on motion of J. Barry Smith, seconded by Renneth.W. Jones. It
was also moved by Gerald W. Shipsey, and seconded byJ. Barry Smith, that
the firm be retained to prepare the legal documents for the formation
of the Richard Street Assessment District. - - -
3. Communication from the Board of Supervisors regarding the request of the
State Fish and Game Department on the development of the Whale Rock
Reservoir for recreation was again held over for study.
4. Proposed sign ordinance was held for Council study on August 10.
m.
5. Proposed ordinance controlling "out of business sales," "fire sales," etc.
was held over for study on August 10.
6. Proposed sidewalk ordinance referred to Councilman Jones' committee was
held over.
7. Proposed minimum design standards for subdivisions, referred to Councilman
Jones committee was-held over.
8. Petition from the residents of Upper Richland Terrace and Goldtree resi-
dential area, requesting landscaping of the new Terrace Hill Tank
(referred to Councilman Shipsey and Smith and Water Superinte ent
Thompson for investigation and report to Council) was held over.
ADDENDA
1. Councilman Shipsey reported on a proposed contract between the City and
the Chamber of Commerce. The contract would have a list�of functions
that the Chamber is required to do, and the Chamber would have a sepa-
rate bank account for money which the City paid to them. This could
be used for paying any specific bills which were incurred in municipal
functions, such a s a printer's bill, etc. In addition, the Chamber
feels that at least 1/3 of all activities are City functions and they
should have the right to pay overhead expenses up to 1/3 out of this
account. 'The contract would provide that they make quarterly reports
on disbursements. They would also put in a clause for no political
activity by Chamber personnel or use of facilities, and books would
be subject to audit.
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AUG 3 195
It was moved by Kenneth W. Jones, seconded by J. Barry Smith,that the
City enter into a contract with the Chamber of Commerce. Councilman
Miller voted no, suggesting that the Chamber submit a budget as any
other City Department would do.
2. Mr. Miller, Administrative Officer, presented a.vroposal from D. Jackson
Paustman to update the 1957 report on one -way streets for Citizen's
Committee study.. This was referred to the Citizen's Committee on Down -
Town Traffic Congestion for recommendapion.
3. Councilman Smith raided the question of reports requested by an individual
' councilman which had consumed quite-a substantial amount of staff time
on the part of the Administrative Officer, and felt that such requests
.should be cleared with the Council. He made a motion to this effect
which was seconded by Councilman Jones.
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On the question, Joe Warnagieris said he objected to the "gagging" of an
individual councilman. Councilman Shipsey and other members of the
Council said it wasn't a matter of gagging, but involved the question
of responsibility to the Council as a group and establishing of priorities
for administrative staff time.
- Motion carried with.Councilman Miller voting-No.
On motion of Kenneth W. Jones, seconded by J.. Barry Smith, the meeting adjourned.
Accepted this 8th
day of September,'1959.
ity Clerk,