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;
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+-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
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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.-
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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?
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"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.
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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
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