HomeMy WebLinkAbout07/06/1954L'
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Mr. Seth Kinney was requested to .write- a- letter. regarding
Commercial Business
in the - residential. zone and advertised .as- ."Barney's. Tractor Service" on Santa Rosa.
Street, north of Foothill Blvd.
On motion of Richard E.Gragg, seconded by Fred Lucksing er the meeting adjourned.
Approved this 4�5 day of
City Clerk
City Hall, Tuesday, July 6, 1954 -
The City Council met in regular session; Mayor Fred H.Lucksinger presiding.
Present: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth V4.Jones, Fred H.Lucksinger
Absent: None
On motion of Kenneth W.Jones, seconded by Richard E.Gragg, the minutes of the
meeting of June 21, 1954 were approved as corrected, removing the words, "have to"
in paragraph stating tt Mr. Hess promised that if Mr. Maino did not follow through on
his promise to repair this crack, Mr. Hess would have it done himself ").
Claims against the City for the month of July, 1954 were ordered paid subject to the
approval of the heads of the respective departments and the Mayor.
Communication from the Insurance Carrier, Bachino and Stockird Re: coverage of the
City Library Building and the City.Fire Station No. 2 was ordered received and filed.
On motion of Paul W.Davis, seconded by Nels Beck, the salary for Robert Grime,
weed burning subforeman was set at $254. per month, effective July 14: 3954.
Permission was authorized the Purchasing Dept. to call for bids for automotive
equipment as per equipment replacement Resolution:
1 Sedan for Police Dept.
1 Pickup Truck for the Water Dept.
1 Pickup Truck for the Building Dept.
Resolution No..1349 (NewSeries) - A Resolution authorizing the quitclaiming
by the City of San Luis Obispo of certain easements to Safeway Stores, Incorporated
was passed and adopted on motion of Richard E.Gragg, seconded by Kenneth W.Jones upon
the following roll call vote:
eyes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger
Noes: None
Absent: None
Communications:
Communication from the State Board of Equalization Re: Change in Notice of Alcoholic
Beverage License Applications was ordered received and filed on motion of Kenneth W.
Jones, seconded by Richard E. Gragg.
Comm. from Chamber of Commerce, The Master Sewer and Water Plan being prepared by the
City of San Luis Obispo was ordered received and filed on motion of Kenneth W.Jones,
seconded by Richard E.Gragg. .
Comm. from Mr. Weldon S.Hogg, commending the City Police Dept. for their courteous
service was ordered received and filed on motion of 11els Beck, seconded by Richard E.
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Comm. from.-James Zanoli commending the City Police - Dept. for the quick work in
apprehending thieves at the Mission.School Locker Room was ordered received and filed.
Comm. from Foster and Kleiser Re: Signboard at Monterey and Palm Streets was order
received and filed, on motion of Kenneth W. Jones, seconded by Richard E.Gragg.
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Comm. from Public Utilities Commission Re: Johnson Street Underpass was ordered
received and filed on motion of Richard E.Gragg, seconded by Kenneth W. Jones.
Comm. from the Office of Civil Defense.Re: relative to the excellent Civil Defense
Organization in the.City of San Luis Obispo was ordered received and filed.
Re: Request of the Commissioner of Finance to install a night water deposit box
in the center lobby of the City Hall facing Palm Street was granted and J.H.Fitzpatrick
and W.C.Long were instructed to proceed with the installation on motion of Nels Beck,
seconded by Paul W.Davis.
Comm. from the Latta Co., Management Consultants Re: tax exemption changes was
ordered received azid filed.
Comm. from the City of San Jose Re: application of Southwest Airways for renewal
certificates was ordered received and filed.
Re: Report of the State Controller Re: apportionment of Motor Vehicle License Fee
Fund was ordered received and filed.
Copy of communication from Seth Kinney , Building Inspector, to Mr. R.C. Umbertis
was ordered received and filed,
At this time the City Council held a PUBLIC HEARING on the construction of a
Bulk Concrete or Cement Plant at the north end of Stenner Street.
The following communications were read to the Council relative to the above:
Communication from Eugene and Gladys Bittinger was read stating " they wish to go on
record as opposing the erection of a' concrete bulk mixing plant on the Roselip property.
Comm. from Walter Roselip addressed to the City Council, attaching thereto, copy of letter
sent to the Planning Commission relative to the installation of a Cement Concrete Batch
Plant was presented and read to the Council.
At this time, Mr. A.H.Brazil, attorney for the protestants, presented four
petitions, signed by 97 signers, living within a short distance of the proposed cement
plant. Mr. Brazil stated that not one of the signers of the petition did not want to
hold down progress or stop industry and that the location of this plant was a poor one,
due to the character of the surrounding neighborhood.
Following are some of the facts contained inthe petitions presented:
1. The contemplated location of the plant will place it near to many motels,
apartments and residential homes. The Plant will give out great amounts of dust and dirt
which will cover and infiltrate the motels, apartments and homes and the cars and other
property of those persons living and owning property in the area.
2. The presence of such a plant will also emit and cause much noise, this, in
part, will be due to its operation and also to the increased number of trucks which will
pass in, upon and over the streets in the area and in and about the plant site itself.
3. The possibility of the use of this plant for night operations will always be
present and this with the attendant noise and dust and dirt, will cause additional
trouble in the area and to the undersigned.
4. The presence of such a plant with the dust, dirt and noise which will emanate
therefrom will cause the valuation of all the residential, motel and apartment property
in the area to be greatly depreciated and reduced for every reason and for many others
too lengthy toherein set forth.
5. As a result of the objections above stated, the construction of the Proposed
Plant will be directly contrary to the provisions of Section 8, of Ordinance No. 292
(New Series);
At this time, Commissioner Paul W.Davis questioned Mr. Brazil regarding the
classification of this area which is M -1 Zone and asked why the people built homes and
motels in an area which is zoned for manufacturing and industrial. Mr. Brazil stated that
the residential pattern of this neighborhood had been started long before this area
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ecamse annexed-to-the City of San Luis Obispo and that the residential character continued
er annexation.
Mr. E.J. Bittinger.,.protested the construction of this plant based on his experienc
ldings within a mile of the present Batch Plant of the S.P.MillingCo. on Santa Qarbara Ave.
end of th eA.O. Johnson Plant on Victoria St., and that each building checked had cement on
the roof. Mr. Graves also stated that there was available land for industrial development
along theS.P.R.R.right of way at Orcutt Road and the City Limits,
1'1r.Lon Good stated that at, the present time there was no Railroad Spur on the
Roselip property; but that if Mr. Roselip-plans to put another spur thereit would increase
the noise and dust in this area.
Mr. Graves also stated that he was required by the City Building Dept* to use
a residential setback wisen he built his motel on Toro Street.
At this time Mr.Roselip appeared before the Council and reported that before apply-
ing for this permit to build this bulk plant, he saw to itthat this plant met with the
requirements of the City Zoning Ordinance. Mr. Roselip stated that in 38 cities in the
State of California, such plants are in operation within their city limits. Mr.Roselip
continuedstating that this type of plant was not very noisy, just motors operating elevators
to the mixing tanks. Mr.Roselip also stated that the dust would not be a problem as the hopper
has a canvas cover betweenit and the truck, also the elevators for cement, rock and. sand
ould be handled within enclosed elevator to the storage tanks. Mr. Roselip stated, upon
questioning, that this plant is the same one that was in operation at the W.B.Nelson project
in Ramona Drive. Hr furhher stated that while this was the same plant he has improved it so
that it is not dust, and dirty as when in operation on the Nelson property. Mr. Roselip
stated that he plans on using Toro Street as his access and egress to his plant.
Mr. Benson asked Mr. Roselip how there will be no noise when the aggregate tanks
Imade of steel and the aggregate drops into.the tanks. Also, Mr. Benson asked Mr.
Roselip if he would like to live in an area where this type of operation is carried on.
Mr. Roselip stated he had no objection.
"Ir.Bens6n protested the devaluation of real property values in the vicinity of
this plant in addition to the noise and dust.
Mr. Graves asked the Council why the Planning Commission can change zoning for some
people for example, the Jr. High School for the City School system andnot change the zoning
in this area to "RESIDENTIAL ".
as a cement truck driver, stating that this type of operation regardless of the safeguards,
lways was extremely dusty, dirty and wet.
kirs.June Harm stated that upon investigation of the S.P. MillingCo. Batch .Plant
on Santa narbara Ave. it was noisy, dusty and dirty.
Mr. George Branin reported to the Council regarding the petition to the County
PlanningCommission on Sept. 24, 1946, that before this area was annexed to the City, the
County Planning ommission was requested to zone this area as RESIDENTIAL in order to stop
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he then contemplated plant at this location. Mr. Branin also reported retarding his
experience inconstructiori work, and this type of operation is not only dirty and noisy
but extremely obnoxious. Mr. Branin requested the Council- to reject this permit for this
plant.
Mr. Ken Hollinger requested the Council Not to permit the construction of this
Plant in this area. He stated this plant would depreciate the property values for a large
area around this plant. He believes that property values will be reduced at least 50%
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f this plant is located in this area.
Mr.E.E.Graves stated that in his experience in construction, that this type of
operation is very noisy and dirty. Mr. Graves reported that he personally checked the
ldings within a mile of the present Batch Plant of the S.P.MillingCo. on Santa Qarbara Ave.
end of th eA.O. Johnson Plant on Victoria St., and that each building checked had cement on
the roof. Mr. Graves also stated that there was available land for industrial development
along theS.P.R.R.right of way at Orcutt Road and the City Limits,
1'1r.Lon Good stated that at, the present time there was no Railroad Spur on the
Roselip property; but that if Mr. Roselip-plans to put another spur thereit would increase
the noise and dust in this area.
Mr. Graves also stated that he was required by the City Building Dept* to use
a residential setback wisen he built his motel on Toro Street.
At this time Mr.Roselip appeared before the Council and reported that before apply-
ing for this permit to build this bulk plant, he saw to itthat this plant met with the
requirements of the City Zoning Ordinance. Mr. Roselip stated that in 38 cities in the
State of California, such plants are in operation within their city limits. Mr.Roselip
continuedstating that this type of plant was not very noisy, just motors operating elevators
to the mixing tanks. Mr.Roselip also stated that the dust would not be a problem as the hopper
has a canvas cover betweenit and the truck, also the elevators for cement, rock and. sand
ould be handled within enclosed elevator to the storage tanks. Mr. Roselip stated, upon
questioning, that this plant is the same one that was in operation at the W.B.Nelson project
in Ramona Drive. Hr furhher stated that while this was the same plant he has improved it so
that it is not dust, and dirty as when in operation on the Nelson property. Mr. Roselip
stated that he plans on using Toro Street as his access and egress to his plant.
Mr. Benson asked Mr. Roselip how there will be no noise when the aggregate tanks
Imade of steel and the aggregate drops into.the tanks. Also, Mr. Benson asked Mr.
Roselip if he would like to live in an area where this type of operation is carried on.
Mr. Roselip stated he had no objection.
"Ir.Bens6n protested the devaluation of real property values in the vicinity of
this plant in addition to the noise and dust.
Mr. Graves asked the Council why the Planning Commission can change zoning for some
people for example, the Jr. High School for the City School system andnot change the zoning
in this area to "RESIDENTIAL ".
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Mr. Fred Lucksinger answered Mr. Graves regarding the Jr. High School project
stating that this was not rezoned as a "Spot Change" but that the entire area was changed
to "Commercial" so as to have a more contiguous and regular business district.
Mayor Lucksinger stated that a two weeks delay,on the decision of this plqnt is
necessary so that the Council may study other plants of this type, after personal in-
vestigation of dust and noise.
Mr. Cecil Evans appeared before the Council with the request for permission to
construct a 6 ft. board fence on the property owned by him on the corner of Higuera and
South Street. On motion of Paul W.Davis, seconded by Nels Beck, the request was granted.
The following request for payment was granted on motion of Kenneth W.Jones, second
by Richard E. Gragg:
JOHN BADGLEY - CITY LIBRARY BLDG. Payment No. 1- .5490.31
The Minutes of the Swimming Pool Committee dated July 1, 1954 were ordered
received and filed.
Resolution No. 1350 (New Series) - A Resolution declaring a certain portion of
Third Street to be and constitute "No Parking Zone" was passed and adopted on motion of
Kenneth W.Jones, seconded by Richard E.Gragg upon the following roll call vote:
Ayes: Nels Beck, Paul W.D #vis, Richard L. Gragg, Kenneth W.Jones, Fred H.Lucksinger
Noes: None
Absent: None
Resolution No. 1351 (11ew Series) - A Resolution providing for Stop Signs was.
passed and adopted on motion of Kenneth W.Jones, seconded by Nels Beck upon the following
roll call vote:
Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H. Lucksinger
Noes: None I I
Absent: None
Resolution No. 1352 (New Series) - A Resolution providing for Stop Signs was
passed and adopted on motion of, °enneth W.Jones, seconded by Richard E. Gragg upon the
following roll call vote:
Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H. Lucksinger
Noes: None
Absent: None
At this time Mr. Fhillip:Assaf from the firm of KIRKBRIDE, WILSON, HARZFELD AND
WALLACE appeared before the Council presenting Resolution for initiating SPECIAL ASSESSMENT
DISTRICT for street improvements in the Phillips Syndicate Addition in the City of San
Luis Obispo. '
On motion of Paul W.Davis, seconded by Richard E.Gragg, the offer of Mr. Wilson 1
was accepted.
Resolution No. 1353 (New Series) - Determining to undertake proceedings pursuant
to Special Assessment and Assessment Bond Acts for the Construction of Improvements without
proceedings under Division 4 of the Streets and Highways Code was passed and adopted on '
motion of Richard E.Gragg, seconded by Paul W.Davis upon the following roll call vote:
Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger
Noes: None
Absent: None
Resolution No. 1354 (New Series), - Resolution of Intention to construct
Improvements Phillips Syndicate-Taylor Tact - Slack Tract Street Improvements was'passed
and adopted on motion of Paul W.Davis, seconded by Kenneth W.Jones upon the following
roll call vote: