Loading...
HomeMy WebLinkAbout10/05/1959CITY COUNCIL MINUTES October 5, 1959 - 7:30 P. M. CITY HALL 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 for the September 21, 1959 meeting were approved as presented. Claim against the City for the month of October, 1959 were approved on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of the Administrative Officer. 221 IMIM RESOLUTION NO. 590 .(1459 Series), "A Resolution Increasing the 1959 -60 Budget" was passed and adopted on motion of Gerald.W.: Shipsey, seconded by Kenneth W. Jones on the following roll call vote: {establishing Bowen Insp. Fees; -1 +-j AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None Mr. Herbert M. Metras, 32 Chorro Street, appeared before the Council questioning the establishment of the red zone in front of his property, and presented to the Council studies and tests he had made regarding traffic on Chorro Street. He did not believe that parking should be prohibited, as there is enough space for moving vehicles and for parking. Further, as he owns an interior lot, any visitors to his home or his own second car must be parked a block away, and not in front of his home where most people are allowed to park. Mr.'Elton Norman, 17 Chorro Street, and Bob Brown, 19 Chorro Street, appeared before the Council protesting the red zone on both sides of Chorro Street, as no one -can call or visit them and park in front of their homes, but must park a block away in either direction. They recommended that the Council eliminate the red curb, painting on one side of Chorro Street allowing for parking and keep the opposite side painted red, which would still allow room for traffic and parking. They further suggested that possibly a "No Parking" time limit from seven to nine.in the morning and four to six in the afternoon during the peak time might alleviate the problem and help the movement of traffic. Mr. McDaniel protested to the Council the establishment of a red zone in front of his house and suggested that the street be-.widened so that property owners may make full use of their property and a wider street would allow plenty of room for traffic: He also agreed with the proposal of no parking on one side of the street only. Councilman Miller asked, could the council use state gas tax money to widen and improve this portion of Chorro Street, or was the money earmarked for ' specific projects. Administrative Officer Miller answered that the gas tax money could be used on major streets,and that Chorro was a major street. It would be up to the Council to budget whatever improvements::they deemed necessary. Mayor Waters referred the problem to the city'.s traffic committee for re -study based on these suggestions. COMMUNICATIONS 1. Communication from the Sfnra r1ppartmont of Mntnr Vehicle . bringing Council's attention the amended section of the California Vehicle Code regarding prima facie-presumption that the registered owner of an unat- tended vehicle failing to display license plates is responsible for the 'vehicle at the time of the violation was received and filed. 2. Communication from the California Mission Trails Association thanking the City Council for their contribution to the association was received and filed. 3. Communication from the residents of Buena Vista Circle in Monterey Heights section of the City, thanking the City for the installation of a park in the circle was received and filed. 4. Wm. M. Houser presented proposal for handling the contemplated condemnation of the Carpenter- McFadden properties. R. D. Miller, Administrative Officer, recommended the City Council accept the proposal of City Attorney Rouser, so that the City could proceed with the acquisition of this property for a parking lot. Proposal was approved and accepted on motion of J. Barry Smith, seconded by Gerald W. Shipsey. 5. Communication from the San Luis Obispo City Schools requesting that the City study the hazardous conditions in the city where no sidewalks are available for students walking to and from school, particularly Johnson Avenue and Foothill Boulevard, was received and filed. 6. Communication from Edgar 0. Laird, inquiring whether the City of San Luis Obispo would be interested in selling Lot,2, Block 45, presently owned by the City and located on Palm Street adjacent to the S. P. Railroad tracks was referred to the Planning Commission. 7. Communication from the Credit Union Center requesting limited parking on Osos Between Pacific and Pismo Streets to prohibit all -day parking so that customers can park near this office was referred-to the Traffic Committee for recommendation. 8. Communication from the Goodwill Industries requesting permission to hold a drive for solicitation of used material to be used in their rehabilitation program. By common consent of the Council, approval was given for Police Chief Schofield to notify Goodwill Industries of the Council's decision. 9. Communication from the YMCA complimenting Chief Schofield for the fine job he is doing.in the city, particularly in the matter of handling the young people and expressing their appreciation for said work. Communication from Special Agent in charge of security of the State Department for the Khrushchev visit, congratulating the City Police Department for their cooperation in the security precautions while Mr. Khrushchev travelled through San Luis Obispo. 8 PM - PUBLIC HEARINGS ORDINANCE NO. 127 The Mayor declared the public hearing open on Ordinance No. 127 (1959 Series) "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone a Portion of the Madonna Property." Councilman Miller stated that he hoped that Mr. Madonna realized that ' this motel development was in;-,the general vicinity of the city sewer farm and that at some future date Mr. Madonna would not protest smells, etc. There being no protests, oral or written, Ordinance No. 127 was finally passed on motion of Kenneth W. Jones, seconded by J. Barry Smith on the following roll call vote: qua: i 5 JIM AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey J. Barry Smith, Fred M. Waters NOES: None ABSENT:None ORDINANCE NO. 136 223 The Mayor declared the public hearing open on Ordinance No. 136 (1959 Series) "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code ' to Rezone a Portion of the Steiner Property on Highway No. l." City Clerk presented a communication from Barr's Drive -In, not objecting to the proposed rezoning, but cailing.the attention of the Council to the present traffic problems at the Boysen Avenue - Highway One intersection, and the increased hazards which will develop when this property is improved to a recreational area. Mr...Herbert Grundell appeared before the ,Council on behalf of the proponents of the rezoning, and again presented the facts of-the develop - ment for the Council's consideration. Mr. Grundell again stated that his r�r clients would definitely make some sort of access available to Mr. Duveneck, Q also that they would file a covenant to the land with the city, stating that if the land is not developed as a recreational use within threec-years, then it should be rezoned back to some "R" classification. If developed as a recreational area, the covenant would then be null and void. It was moved by J. Barry Smith and seconded by Kenneth W. Jones that the ordinance be finally passed. Councilman Donald Q. Miller asked if anyone knew the type of development that was being planned for access to the recreational area. - Mr. Grundell answered that this would be up to the City and to the State of California. ' Councilman Miller asked if the.-rezoning were allowed.,.,,would,ethe;_City still;, have -the, say in Gh @;development- of,the,access.: Mr. Houser.;. "..City. -,Attorney, answered that the "S" classification in this case requires a use permit for access, parking, building, etc. Upon questioning by the Council, Mr. Duveneck stated that he;.-had no objection to the rezoning as long as some provision was made for access to his property which he would be willing to help pay for when it is developed. Councilman Miller asked what was City Engineer Romero's recommendation on this access. Mr. Romero stated he recommended one access•at right angles to Boysen Avenue with all use as a service road to serve Mr. Duveneck's property. The following roll call vote was taken on Councilman Smith and Jones' motion to finally pass Ordinance No. 136: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: None ABSENT:None ' ORDINANCE NO.- 137 The Mayor declared the hearing open on Ordinance No.•137 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Property on the Corner of Southwood Drive and Laurel Lane." • There being no protests, oral or written, Ordinance No. 137 was finally passed on motion of Gerald W. Shipsey, seconded by J. Barry Smith on the following roll call vote: OCT 5 1959 AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith Donald Q. Miller, Fred M. Waters_ NOES: None ABSENT:None APPEAL OF MRS. JOYCE WILLIAMS At this time the City Council held a,public hearing on the appeal of Mrs. Joyce Williams from the decision of the Planning Commission in denying her request for rezoning of her property at 501 -503 Foothill Boulevard from R -1 to R -3. , Mr. Fraser, Planning Director, presented a map for the City Council's information regarding this rezoning and reported regarding the .planning considerations given by the Planning Commission. The City Clerk read the minutes of the Planning Commission meeting of August 20, 1959, and September 1, 1959, regarding the rezoning request of Mrs. Williams. Mrs. Williams.appeared before the City Council on behalf of her appeal, requesting that the Council rezone her property to R -3 so that she can make adequate use of her land. Councilman Miller asked if the buildings built on Mrs. Williams' property were built before being zoned to R -1. Mr. Kinney, Building Inspector, stated that the buildings were illegally built after annexation to the City. Councilman Miller asked was the City aware of these buildings-beingbuilt illegally. Mr. Kinney answered that they were built without building permits on weekendsz:and were not observed during construction. ' Councilman Miller asked Mr. Fraser, Planning Director, what has been the practice in other communities, of multiple dwelling apartment houses, etc. being built on arterial streets and wished to know if this was good planning. Mr. Fraser, Planning Director, stated that this was not good planning, but that in many areas they were continuing to develop multiple dwellings on arterial streets. Councilman Miller asked, was the trend to multiple dwellings on arterial streets. Mr. Fraser, answered no, that the trend.was to protect R -1 development on such streets. Councilman Jones asked, could Mrs. Williams develop her property under the provisions of the deep:lot subdivision. Mr.-Fraser, Planning Director,.answered that her property could be developed under the deep lot ordinance, except that the.driveway area between the two present buildings is only 14 feet wide and that the ordinance requires a driveway of 16 feet. There being no further discussion, Mayor Waters asked Mr. Fraser, ' Planning Director, what his recommendation on this matter was to the Council. Mr. Fraser stated that he would recommend that the appeal of Mrs. Williams be denied as this is the same recommendation he made to the Planning Commission. Z. Mr. Fraser,. Planning Director, Williams that the City, at the study of the City-and would no only in all the City; but also On motion of.Renneth W. Jones, of Mrs. Williams was denied. further informed the Council and Mrs. present time, was undertaking a general doubt re -study the entire R -3 area,'not in the vicinity of Mrs. Williams! property. seconded by Gerald W. Shipsey, the appeal The Mayor declared .a recess at 8:55 PM. The meeting reconvened at 9:05 PM. ORDINANCE NO. 138 At this time the City Council held a.public hearing on the final adoption . of Ordinance No. 138 (1959 Series), "An Ordinance Repealing. Section 2100.1 of the San Luis Obispo Municipal Code." At -the request of the Mayor, the City Clerk read the following letter from City Attorney Houser, dated September 14,:1959: - "I received today in the mail a digest of the 1959 legislature enactments affecting the city from the League of California Cities. Included in the new laws which go into effect on- September 18,.1959, are two amendments to the Brown Act. ..Chapter No. -1417 amends d Section 54951 of the Government Code to make the -Brown Act specifically ° applicable to charter cities. Chapter 647 amends Section 54955 of the Government Code to require adjourned meetings to be noticed in the same manner as special meetings unless notice is waived; requires posting of a notice of adjournment on or near the door where the adjourned meeting was held within 24 hours after the time of adjournment-and amends Section 54957.to require that executive sessions to consider personnel matters must be held during a-regular or special meeting.' Chapter 1417 now removes any doubt as to whether or not the Brown Act applies to charter cities. Commencing September 18, 1919s 1 •the,Brown Act applies to the meetings of the City Council and therefore the following procedure should be followed: 1. No meeting of a quorum (3 or more) of the Mayor and /or Council- men can be held except at a• regular or special called meeting. 2. Special meetings may be called at any time by the Mayor or the majority -of the - Council members by delivering personally or by mailing written notices to each member of the Council and to each local newspaper, radio or. television- station re- questing notices in writing (none have requested notices in San Luis Obispo). Such notices must be delivered at least 24 hours before the time of such meeting. The call and notices must specify time and place of meetings and the business to be transacted. No other business may be considered at such meeting. Written notices may be dispensed with as to any member who, at or prior to: :the meeting, files with the clerk a written waiver of - notice. Written notices may also be dispensed with as to any'member who is present at :the special meeting at the time it convenes. (Section 54956 Government Code) The cases and Attorney General's opinion-all conclude that no executive sessions, study sessions, or special committee meetings consisting of a quorum can be held except at a regular or - special called meeting noticed in accordance with -the above requirements. It.is to be noted that the Government Code does not restrict the place where regular or special meetings are to be held leaving this matter to the local legislative bodied. The City Charter Section 706 provides that the Council shall; by ordinance or resolution, provide for time and place of holding its meetings and the manner in which its special meetings can be called. The Charter Section permitting the Council.to provide for the manner in which its special meetings may be . OCT 5 1959 called is no longer valid inasmuch as the Brown.Act covers the manner of calling special meetings. As far as the place of the meetings-is concerned, Municipal Code, Section 2100.1 provides that special meet- ings shall be held at the City Hall. The remaining.portion of Sec- tion 2100.1 provides for the method of giving notices for special meetings which is now void, having been repealed by Chapter 1417. Section 2100 provides that regular meetings shall be at-the.City Hall at the hour of 7:30 PM on the first and third Mondays of each month. It is my opinion that on or after September 18,.1959, the following rules must be followed: a. To avoid violation of the Brown Act, written notice must be given 24 hours in advance of special meetings as set forth above, and no committee consisting of-three or more members of the Council should be appointed unless the requirements of a special meeting are complied with each time the committee meets. b. Special meetings must be held at the City Hall, unless and until Section 2100.1 of the Municipal-,Code is repealed /amended to provide that special meetings may be held wherever stated in the notices calling'said meeting. - If Section 2100.1 is amended there is nothing illegal about holding dinner meetings as long as they comply with the requirements of a special meeting and are not deliberately held in a very small room in order to prevent members.of the public from attending.- Inasmuch as the special meeting called for September 21, 1959 -..can no longer be classified as a study or executive session, it is my recom- mendation that such meeting be either cancelled or that written notices be given in accordance with Government Code Section 54956 and the meeting be held in the City Hall in accordance with Section 2100.1 of the Municipal Code." The City Clerk then read the.provisions of Chapter 1, Section 2100 and.2100.1.of the Municipal Code. Mr. Woodford Bowls asked the City Council .when study. sessions are held and whether or-not contractors and subdividers could attend. Mr. Bowls was informed that any session of the City Council, regular, special or study, was open to the public and anyone could attend. Mr. John Allen asked what was the reason for repealing Section 2100.1 of the Municipal Code. Mr. Houser, City Attorney, answered per his letter which had just been read, that under the provisions.of the so- called Brown Act,•the-City Council could hold no study sessions, meetings with the County Board of Supervisors, School Boards,:.or -other official agencies away from the City Hall. ,Also, three Councilmen could get.together to talk business at the City Hall only, but the law provides for the time and place of meeting, method of call, starting time,- subject, etc. Councilman Shipsey at this time explained.the'reasons for his motion to repeal Section 2100.1 as it is in conflict with state law. The law specifies methods for call of special meetings. Also, he believes that..the Council..should be able to visit with the County Board , of; - Supervisors when asked to discuss mutual city and county problems, which has happened.in the past, with the School Board, which has happened in the past,:and with the County Planning Commission. Further,the.provisions of Section 2100.1 make it impossible for -three or more Councilmen to meet with any group away from the City Hall.- n 1 OCT 5 VbJ 227 Mr. Norman Sharp asked the Council, if this section was repealed,.would the new law allow the City Council.to.have. dinner meetings. Mr. Houser answered yes; if the provisions of the State law regarding notice:of meeting, place of.meeting, and subject were published in, accordance with the regulations. :.Mr..- Martin asked, why.- does -the Council wishito_ meet any.place other than the City Hall. Mr.. Houser, City Attorney, stated he.believed.that this had been answered:by Mr. Shipsey - .that.).there were-times when.the City Council would have to meet with other governmental groups in their place,of meeting. Mr." Vern Meacham stated his only concern regarding:.the repeal.of this ordinance was the place in which-official voting action was taken. Mr. Frank Shaw asked, could three members of the Council sneak.off and have a secret meeting without notifying the other members of-the Council. r- r Mr. Houser, City Attorney, answered that if any such meeting were held .!T by three or more Councilmen without proper notice as required by state law, the meeting would be illegal, any action taken would.be illegal, and the Councilmen would be liable for punishment, as it is a crime not to comply with the requirements of the Brown Act. Mr.- Carlos Moerman asked if- another ordinance was being introduced to take place of the'one being repealed: Mr..Houser answered no; no-substitute-ordinance was being proposed, as the'requirements for holding a meeting were taken care of by.state law through the Brown -Act. Councilman- Shipsey answered that as.far.as special meetings were concerned, they had to be held in accordance with the Brown Act. . Mrs. Meacham asked the City Council if .they had been hampered in-the past-by this section of the- code.. Councilman Shipsey - answered that this matter was no-problem to charter cities'until September 18, 1959, when the.new laws were passed by-the 1959 legislature to this effect, and charter cities.were included under the provisions of-the Brown Act.-:. . Mr. Houser added that until the new law regarding charter cities went into effect,the.City. Council could meet with Boards of Supervisors, School Boards and other groups and also hold study sessions. Mr. Pimentel asked the Council.if the ordinance could be amended to state that business had to be transacted at the.City Hall.but allowing the City Council to meet in other areas -if no action were taken: . Mr. Kogan asked that Councilman Miller _give the reasons for his letter in the newspaper regarding the repeal of Section 2100.1 of the Municipal Code. .. Councilman Miller stated that as far as he could see, this was just a ' trick-to allow the City. Council to-meet and do things out of sight of the public . and would allow the Council to call meetings anywhere they desired.and. transact any business.they desired.without any control of their.actions....He believed that the City had -built this building to hold official meetings•in, and this is where all the meetings should be held, and if any other group wished to meet.with.the Council they should meet with the Council at the City Hall. Mr. Kogan stated that he recognized the problem, and could not the Council pass an ordinance limiting meetings-to duly recognized meeting places such as the Supervisor's chambers, School Board offices, etc. OCT 5 19.59 Mr. Bowls asked how was it possible to amend the charter when .the charter was voted in.by.the .people.-•: - . _. Mr. Houser, City Attorney, stated that the charter was not being.changed, as this could only be.changed by vote of-the people - all that-was being changed was an ordinance enacted by.a former council. Mr._Carlos.Moerman asked, could-not a new.ordinance-be passed.listing places of meetings, such as City Hall, etc. . .. Mr. Carl Lownes asked, could the City Council atrend.special meetings , of the Supervisors, School Board, etc.,, not vote.on any matters while attending, and then return to the City -Hall and.take their,action. Mr. Houser, answered it would be very difficult for Councilmen to attend .the meeting without taking part or taking action if action was referred for-the best interests of the city.. Mr.. Meacham stated that there appeared to be only one.answer• -- :that no official voting should be allowed until .a regular or special meeting of the City Council was held, and that this meeting be held at the City Hall•. :... Mr. Shaw stated that after hearing.the comments, that•possibly the "cry of alarm" was not justified, as the Council was only attempting to remedy a law in conflict with.state law. Mr.-Kogan stated.he did.not believe that_only.the vote-should betaken in the City Hall, but all the discussion--.should be heard: in,the City Hall. Publicity should be gotten out so..that all people interested could attend. He was primarily worried about possible abuse if.the City Council were allowed to meet anywhere it so desired. . .. .. Motion was. -made by:Gerald .W.- Shipsey,..seconded by J. Barry Smith, that Ordinance No. 138 be finally passed. Councilman._Miller . asked if the.people wondered why. Councilman Shipsey' made the motion and'Councilman Smith seconded it. :On September 21, a meeting was scheduled for dinner to meet with Mr. Alex Madonna, and Councilman Miller-stated.-that he wrote R..D. Miller_, Administrative Officer for answers regarding this problem and Mr.: R..D. Miller did not answer any of his questions.. He did not believe he was property treated by the Administrative Officer as he-believes, as_a•- Councilman, he was entitled to an answer. Richard D. Miller,.Administrative Officer.,stated.that Councilman Miller's letter involved other members 7of.the Council and.that he preferred to answer it at a public meeting. Councilman.Miller asked the City Clerk.to read•his letter.of.•September 27, 1959, and also Mr:. Miller.!s:answer of October 5,1959..: _..;._,..• The City. Clerk then read•the•letter.as follows: . "Dear Mr. Miller: (R. D. Miller,Administrative Officer) ..% "In conversation. with Mayor-Waters he informed me that W.: A. Madonna; - a.local contractor was invited to attend the dinner .meeting which had been called for Monday, September 21.. This meeting was.cancelled.because of the legality,.of such•a meeting. .Did..you know Mr. Madonna'.was invited to attend this meeting?...•If so did .yon personally invite him? Did you receive instructions from any council member requesting the presence of Mr.:Madonna at. the September 21st dinner meeting? "Has Mr. Madonna been invited-to San Luis Obispo City Council-_.. dinner meetings during the time Mr. Fred Lucksinger was Mayor? Was Mr. Morgan Flagg invited to any dinner meeting during the Lucksinger administration? 1 C� �r Q °'°J 1 1 UU 1 J 10oa "Was it your suggestion to several councilmen or even one councilman that any information which I requested which "required staff time" must be approved:by the city council? Did you suggest that the council could repeal. Section 2100.1 of the municipal code? If'so to whom on-the council did you make this suggestion? "When ordinance repealing Section 2100.1 is passed to print will you please send me:_the- notice from the paper. Will the public hearing be Monday,•October 5 at the regular council meeting ? " -. Sincerely yours, Donald Q. Miller, City Councilman "Dear-Mr. Miller: (Councilman,Miller) "Reference is made to your lemer of September 27, 1959, in which you make several inquiries concerning operations of the city. "You asked about whether or::not Mr. Alex Madonna was invited by the city to attend a dinner meeting of the city council, scheduled for September 21, 1959. I did not invite him to such a meeting and do not know of anyone else having done so, although some mention was made of the:desirability•of inviting him to such a meeting during the council meeting of September 8, 3959. "In checking with Mr. Fitzpatrick, we have no recollection of Mr. Madonna having been invited to San Luis Obispo city council dinner meetings while Mayor Lucksinger was in office. The same'is true for Mr. Morgan Flagg, although he was.invited to at .least one dinner meeting of the planning commission under the present city council, having been appointed•along with Mr. R. L. Graves to study the proposed Southwood Shopping Center Development with the commission. "To the best of my recollection, I never suggested to any councilman the current policy of having councilmanic requests for information approved by the city council l, although•I have had several• phone calls in the past from the council questioning the amount of time spent by me in answering such requests. On such occasions,,I have tried to point out that this was a matter for council determination. "In reply to your letter of July 30, 1959; I'did state in part. You also ask for documentation on'each case along with full particulars. This would require considerable staff time on my part, and in some cases, would be difficult to document, because the entire council and planning commission were involved in public study sessions without any specific documentation. "I believe, that if the council wishes the City Attorney or myself to make a detailed study and report, we will, of course, be happy to do so." "My thinking here, of course, is that under the terms of the charter, I am to take direction from the council as a whole and in case a question on priority for the use•of staff time arises, I,have reserved the right to seek a determination from the council. "I did not suggest repeal of Section 2100.1 of the Municipal Code to any councilman. Mr. Houser, however, referred to this as a possibility of action by the city council in his letter dated September 14, 1959, which read in part, "Special meetings must be held at the city hall, unless and until Section 2100.1 of the Muncipal Code is repealed or amended...to provide that special meetings may be held wherever stated in the notices calling said meeting. . "If Section 2100.1 is amended'there is nothing illegal about holding dinner meetings as long as they comply with the requirements of a special meeting and are:not deliberately.held in a very small room in order to prevent members of the public from attending. "In answer to your request in the closing paragraph of your letter that we send you a newspaper notice when the proposed ordinance repealing Section 2100.1 is published, please be advised that I have asked Mr. Fitzpatrick to send a copy of such notice to each of the members of the council prior to this evening's meeting." Respectfully yours, Richard D. Miller Administrative Officer 9 e ACT 5 1959 After some discussion, Councilman Miller stated that if the City;Council sees fit-to pass this ordinance repealing Section 2100.1 of the.code, he would personally circulate petitions to stop.the action of the ordinance if he must get the signatures himself. Mayor Waters stated that he believed that this issue was making "mountains out of molehills." Further, that he believed the Council could work under the present ordinance, as.most of the provisions had been repealed by state law and he believed also that an occasional social gathering of the Council -. was good for the Council. He- stated that under the Brown Act, special meetings can be held, votes taken, and all meetings should be held in the , City Hall. He was sure that each member of the Council was an honest individual and sincere in his beliefs-and was voting on this issue with an honest conviction for the good of the city. Councilman Shipsey stated that he believed Councilman Miller must be smiling as he makes these charges, as no meeting could held in Timbuktu, which was definitely illegal. Councilman Shipsey continued, why.did Councilman Miller vote funds in the budget.for dinner meetings and now oppose them. Councilman Jones asked the City,Attorney, under the provisions of.the Brown Act, could the City Council go to the League of California Cities meeting which was being held later this month. Mr. Houser answered yes, he believed they could if three members did not get together and talk city business, as.three.members.are a quorum and this would be a violation of:the Brown.Act. Councilman Miller made a motion that the.city secure an Attorney General's opinion to see if the City Council could hold meetings with other cities, or with all cities such as the League of California Cities, and further that he•believes•Mr. Houser's reading something into the law that is not there. Mr. Houser answered that the Attorney General has had an opinion on this and other matters regarding the Brown Act, and also there have been such cases in the state courts in California regarding various phases.of ,this act. Mayor Waters suggested.that the Council not-repeal Section 2100.1 of the Municipal Code, but try to work under.its provisions for six months to see if there are any problems. At this.time the following roll call.vote was taken on final passage of Ordinance No. 138: AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith. NOES: Fred M. Waters, Donald Q. Miller ABSENT: None At this time the Mayor declared a recess, 10:10 P.M. The meeting reconvened at 10:20 P.M. PUBLIC AUCTION At this time the City Council has a public auction for lease of, farm land owned by the city in the Laguna Lake area as-per advertised specifications of .September. 18, 1959. The Mayor declared the bidding open on a one year lease. . Mr. Ernest Dalidio bid $1100 per year for one year. The Mayor declared the bidding open on a two year lease. Mr. Ernest Dalidio bid $1110 per year for two years. The Mayor declared the bidding open on a three year lease. Mr. Ernest Dalidio bid $1125 per year for three years. There being no other bidders the Mayor declared the auction closed on motion of Donald Q. Miller seconded by Kenneth W. Jones. ��I 5 1 =7 .Q 'q I L;j,: ORDINANCE NO. 139 (1959-Series), "An Ordinance for the Lease of Real Property by the City of San Luis Obispo to Ernest Dalidio" -was introduced and passed to print on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, on the following roll call -vote: AYES: Kenneth W. Jones, Gerald W. Shipsey, Donald Q. Miller, J. Barry Smith; Fred M.-Waters NOES: None ABSENT: None 10. Report of the City Fire Department on the Weed Abatement Program for 1959 ' was received and filed. 11. Mr. Miller, Administrative Officer, announced the appointment�:of Mrs. Jeannette,Thompson, as stenographer in the office of the Administrative Office;,-.effective September 28, 1959,•at $265.00 per month. 12. The following salary step increases were approved on motion of Kenneth W...Jones,-seconded by Gerald W. Shipsey, effective November 1, 1959: - Thomas, P. Ginga _ Principal Engineering Aide - from step. 2, $390 to rYJ step 3,.$412.00 per month•:.. Paul E. Landell, Jr. - Civil Engineering Assistant - from step 3, $460 to ►� step -4, $488 per month. John R. Furtado - Laborer - Equipment Operator.- from step 3, $350 to step 4, $368 per month. 13. City Council considered lease of the City Corporation Yard on Santa Barbara Avenue presently leased to McCarthy Tank and Steel - Company. Mr. Miller, Administrative Officer, recommended that the City lease the corporation yard for one year, with an option to renew for one year at a minimum bid of $100 per month. ' C6uncilman Miller suggested that possibly the City should tear down the buildings and construct a park in this area for the children, as there is no park in this area. Richard D. Miller, Admin: for one more year and Recreation Department to a little park. Recommendation of Mr. R. . seconded by Donald Q. Lstrative Officer, suggested that the City lease it requested.at the same time that-the Park and study this property for recommendation of development D. Miller approved on Motion of Kenneth W. Jones Miller.. 14. Contract payment to L. E. Webb Construction Company for water system improvements was approved on motion of-Kenneth W. Jones, seconded by Gerald W. Shipsey. OLD BUSINESS 1.• The following is the'Traffic Committee report of October 1, 1959: "59- 10 -1C. At the request of the city council, the traffic com- mittee has studied the request of Arnold Volny requesting a vari- ance at -1313 Peach Street for a driveway approach of 30 feet to ' the triplex he is building at that location.. "The City Engineer and Building Inspector have in the past granted several driveways of 20 feet in similar circumstances, but were asking for a limitation of 16 feet in this case because the Citi- zen's Committee studying the new sidewalk ordinance has suggested such a limitation, although it is not in effect at the present time. "Mr. Volny had requested an approach of 30•feet because the lot runs at an angle to the street making the effective frontage less than it would otherwise be for the same dimensions. After study, 3 r�_ OCT 5 1959 the Traffic Committee feels that a 20 -foot approach should be allowed. -With 3 -foot transitions at either side,_this.would.make . a total width of some 26 feet. The committee,feels that a greater width than this would tend to set a precedent and would- result in the loss of numerous parking spaces throughout the city. "Volny has been contacted, and he is:.agreeable to:the change.to 20 feet, if the Council concurs." Traffic Committee recommendation was approved on motion of Donald Q. Miller seconded by Kenneth W. Jones. 2. Council committee (Dr. J. Barry Smith, Gerald W. Shipsey) reported on .the request of the Woods Animal.Shelter for dedication of,city -owned .property -for construction of an animal shelter: Recommendation of the committee approved on motion.of Kenneth W. Jones, seconded by Donald Q. Miller, that the city not dedicate::the land. 3. Council committee (Dr:;J.-.Barry:Smith, Gerald W. Shipsey) reported.on the recommendation of the Citizen's Committee on Downtown Traffic Congestion, transmitted,to the Council on September 11, 1959, regarding limited parking on both sides of Pismo.Street.between Osos and.Broad and establishing a loading zone on the east side of Chorro Street between Higuera and,Marsh. Communication from Merlyn Carpenter of Hill's Stationery, questioning the report of.the Citizen's.Committee. - Recommendation of the council committee approved. RESOLUTION NO. 591.(1959.Series), "A Resolution Establishing a Loading Zone and a No- Parking Zone on' the East Side of Chorro Street Between Marsh and Higuera Streets" was..passed and adopted.on_motion.of.Gerald W. Shipsey, seconded by Donald Q. Miller on the following roll call vote: AYES: Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred _M.. Waters . NOES: Kenneth W. Jones ABSENT:None 4. Felton.Ferrini requested.acceptance by.the.city of Tract.120,.Ferrini. Heights No. 3.. Communication from D. F. Romero,.City Engineer, recommending acceptance of Tract 120. RESOLUTION NO. 592 (1959 Series), "A Resolution Accepting Tract 120 (Ferrini Heights No. III)was passed and adopted on motion of Gerald W. .Shipsey, seconded by KennethW. 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 5. Felton Ferrini requested acceptance by the city of improvements of Tract 148, Ferrini Heights Estates. Communication received from D. F. Romero, City Engineer, recommending acceptance of Tract 148, subject to completion-of certain minor items. RESOLUTION NO. 593 (1959 Series), "A Resolution Accepting Tract 148 (Ferrini Ranch Estates)-was passed and adopted on motion of Donald Q. Miller, 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 6. Communication- received.from -the League of- California Cities,.in reply to the request of the City of San Luis Obispo, regarding sections taken by other cities with-regard to payment_of.the light--and bell-system for civil defense. 1 Q UCT 5 ]959 .. On motion of Gerald W. Shipsey,. seconded by Kenneth W. Jones, motion was made that. the "city. pay the claim for. the: light and bell system. 7. Proposed._sidewalk..ordinance (Councilman Jones' committee) was held over. 8. Proposed Minimum Design Standards for Subdivisions.(Couacilman Jones' committee) was held over. 9. Proposed sign ordinance (referred to Building Inspector and sign people for decision) was held over. 10. Proposal of D. Jackson Faustman to update the 1957 report on one -way streets was dropped from the agenda for consideration when and if the Citizens Committee on Downtown Traffic Congestion so requests.. 11. Communication from the City Planning Commission recommending changes in the Fire Zone Map for the City of San Luis Obispo and communication from Lee M. Schlobohm regarding changes in the Fire Zone Map were received and filed. RESOLUTION N0. 594 (1959 Series), "A Resolution Increasing the 1959 -60 Budget" a rr (Increasing Piedmont Inspection Fees) was passed and adopted on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey on the following roll call vote: �j AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT:None ADDENDA 1. Communication from Hawthorne PTA requesting study by the City of traffic conditions on Broad and South Streets for the safety of students attending Hawthorne School, and particularly the crosswalks on Broad Street. 1 Mr. B. Bettencourt appeared before the Council on behalf of children trying to cross Broad at South Street and High, stating that the traffic conditions are very dangerous due to excessive speed on this street, and urged that the city put more men on the Police Department so that adequate traffic control can be placed on this street. The matter was referred to the Traffic Committee for investigation and Mr.Miller, Administrative Officer, to notify the PTA of the Council's action. 2. The City Council discussed the matter of paving Sydney Street from Johnson Avenue to.Flora Street, either by special assessment district or some other manner, in order to settle this matter for the residents living above Flora. Mayor Waters appointed a Council Committee consisting of Kenneth W. Jones and Gerald W. Shipsey to investigate and report their recommendations to the City Council. 3. Richard D. Miller, Administrative Officer, reported to the City Council that they were in the process of preparing a bid specifications for replacement of two police cars and wished a determination by the Council as to the requirements of color, if any, that they desired the police cars to be. Police Chief Schofield urged that the City purchase plain colored cars so that they cannot be distinguished from other cars and stated that he knew a better job was done by the police department in not having black and white colored cars. Chief Schofield also urged the Council to consider his request not to have a decal identifying his car as a city police car, as it has been used three times in the past for detective work and you can't do a good job with decals on the car. On motion of T. Barry Smith, seconded by Donald Q. Mil.l.er, Mr. Miller was authorized to call for bids, with color to be an off - white. 4. Richard D. Miller, Administrative Officer, also reported regarding communica- tions with Mr. George Clucas.of•Cal Poly, regarding improvement of the Foothill Boulevard - California Boulevard grade crossing with the Southern Pacific railroad, and requested permission for.Mr. Romero, City Engineer to contact the State Department of Architecture regarding primary studies for this development. On motion of Kenneth W. Jones, seconded by J. Barry Smith, the Council adjourned to 7:30 P. M., October 26, 1959, at the City Hall, due to the Council's absence from the city on October 19 while attending the League of California Cities Conference. Accepted this 26th day of October, 1959.. . City rk 1 1 1