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03/07/1968MINUTES ADJOURNED MEETING OF THE CITY COUNCIL March 7, 1968 - 1:30 P.M. CITY HALL 1. The meeting was adjourned by the City Clerk for lack of a quorum. Meeting adjourned to 1:30 P.M. Friday, March 8, 1968. _ r ` APPROVED: March 18, 1968il/ H. FITZPATRICK CITY CLERK Roll Call MINUTES ADJOURNED MEETING OF THE CITY COUNCIL March 8, 1968 - 1:30 P.M. CITY HALL Present: Emmons Blake, Arthur F. Spring, Clell W. Whelchel Absent: Donald Q. Miller, Frank Gallagher City Staff Present: R. D. Miller, Administrative Officer; H. Johnson, City Attorney; J. H. Fitzpatrick, City Clerk. 1. H. Johnson, City Attorney, brought to the Council's attention for discussion the amended complaint filed against Councilmen Gallagher and Miller by the West Coast Construction Company alleging that comments made by the two Councilmen against and detrimental to the West Coast Construction Company were repeated by the defendants at various times and places and were not limited to the Council Meeting Room and an official meeting. H. Johnson,explained the implications of this amended complaint, the way it was worded, and he wondered if the City Council wished•him to:contigue representing Councilmen Gallagher and Miller. The City Council discussed with H. Johnson the responsibility that the City was assuming in this suit and could the City be liable for defending these Councilmen as the comments made were allegedly not in the course of their duties. The City Council stated that they did not wish to leave the impression that in asking the affected Councilmen to engage their own counsel, that they felt the situation had changed. It was the common feeling of the City Council that the two Councilmen would be vindicated in a court case and that the City then could legally pay their expenses involved in defending themselves in this suit. The City Council also felt that if for some reason a citizen's suit was filed against the Council alleging that the funds used for the defense of the Councilmen was an illegal expenditure, it was felt that this would confuse the issue more than it should be. On motion of Councilman Blake, seconded by Councilman Spring, that Councilmen Gallagher and Miller be advised to engage independent counsel in the West Coast Construction Company suit, and be informed that the Council feels they will be vindicated and have their legal expenses paid by the City on proper-claim and the City Attorney be directed to file no further pleadings in this matter on behalf of the defendants and to inform Councilmen Gallagher and Miller of this action and also forward information to date on this case to the attorney or attorneys selected by Councilman Gallagher and Miller. Motion carried. 1 City Council Minutes March 8, 1968 Page 2 2. Petition from the residents in the vicinity of Augusta and Bishop Streets in the Terrace Hill area protesting the use of private property by.motorcycle riders whose noise disturbs the residents. They asked that the City Council take steps to prohibit the use of this property by these motorcyclists. On motion of Councilman Blake, seconded by Councilman Spring, the petition was referred to the Traffic Committee for investigation and recommendation to the City Council. Motion carried. 3. Application from J. H. Perez, representing the E1 Bolero Club of San Luis Obispo, requesting a no -fee permit for a public dance under the provisions of Section 6100.46 of the Municipal Code. On motion of Councilman Blake, seconded by Councilman Spring, the no -fee permit was approved. ":Motion carried. 4. The City Clerk again brought to the Council's attention the request of - the San Luis Obispo Sheriffs' Association fora business license permit to operate a circus at the exposition grounds on May 13, 1968. The City Clerk stated that he had presented the Council's action of March 4, 1968 to their representatives but they felt the date could not be changed as tickets have been sold, advertising purchased, etc., and they again asked that the City Clerk present their application to the City Council for their consideration. The City Council upheld the action of March 4, 1968 stating that it would not grant the permit for May.13 and they should have it before or after that date. 5. Councilman Blake asked Council permission to be absent from the State of California from the:17th of April to the 5th of May 1968. On motion of Councilman Spring, seconded by Mayor Whelchel, the request was approved. Motion carried. 6. On- motion of Councilman Blake, seconded by Councilman Spring, the meeting adjourned to Tuesday, March 12, 1968 at 12 :00 noon. Motion carried. APPROVED: March 18, 1968 H. FITZPATRICK CITY CLERK n