HomeMy WebLinkAbout04/15/19571
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which will be presented to the City Council for approval on April 15, 1957. Mr. Nelson
protested to the City Council the method in which the assessment was levied on the property
below the main district, both as to acreage charge and line charge of their assessment.
Mr. Richard Miller, Administrative Officer, reported to the City Council regarding
certain statements made by opponents of the Whale Rock Bond Issue regarding certain
illegal transfers of money within the City's financial structure. Mr. Miller explained
the methods used for the transfers of funds in order to complete the large capital
improvement program, which was carried out for the water department. All the transfers
are legal and the City's books are in excellent order.
On motion of Kenneth W. Jones, seconded by Nels Beck, the meeting adjourned.
Approved this day of 1957.
ity' e r k
APRIL 15, 1957 - 7:30 P.M. - City Hall
The City Council met in regular session with mayor Fred H. Lucksinger presiding.
Pledge
Roll Call
Present: Nels Beck, Lowell E. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H.
Lucksinger i'
Absent: None
minutes of the meeting of April 1, 1957 were approved as presented.
he claims against the City for the month of April, 1957 were ordered paid, subject
o the approval of the Administrative Officer, on motion of Kenneth W. Jones, seconded
y Lowell E. Christie.
COM6'iUNICATIONS
. Comm. from Richard D. Miller, Administrative Officer, regarding transfers from
.nbudgeted reserve to various fund accounts.
esolution No. 194 (1957 Series) A Resolution Increasing the 1956 -57 Budget was passed
nd adopted on motion of Warren G. Edwards, seconded by Nels Beck by the following roll
all vote:
YES: Nels Beck, Lowell E. Christie, ?Warren G. Edwards, Kenneth W. Jones, Fred H.
Lucksinger
OES: None
BSENT: None
Comm. from Martin Polin regarding directional signs for his trailer court at Old
)rro Road and Foothill Blvd. was referred to the Traffic Committee on motion of Nels
Eck, seconded by Warren G. Edwards.
. Comm. from Morro Bay Veterans of Foreign Wars Post regarding permission to use the
ifle range in the basement of the City Hall was held over until the schedule was complete �.
or the local clubs.
'Ir. Richard D. Miller or Mr. J. H. Fitzpatrick is to meet with the club representatives
Dn Monday, April 22, 1957, in the basement of the City Hall.
Dn motion of Kenneth ZW..Jones, seconded by Lowell E. Christie, the request of the rifle
:lubs for permission to put up a wall for safety precaution was approved.
+. Comm. from Division of Highways regarding the placing of signs directing traffic
Prom U. S. Highway 101 to Mission San Luis Obispo was ordered received and filed on ,
notion of Kenneth W. Jones, seconded by Lowell E. Christie.
5. Comm. from Pacific Gas and Electric Company regarding the closure and abandonment of
Walker Street by the City of San Luis Obispo was ordered received and filed and the
City Clerk was instructed to communicate with Pacific Gas and Electric Company and state
that there are no plans for abandoning any part of Walker Street by the City at the
present time.
6. Comm. from Department of Public V:orks, State of California, requesting support by
the City of San Luis Obispo on a Senate Resolution requesting the Department to undertake
a study to provide a basis for an overall plan of freeways in the State of California,
was ordered held over.
7. Comm. from the Music Department of California State Polytechnic College requesting
permission to hold a concert in Mitchell Park on May 26, 1957 at 3:30 P.M. was granted
on motion of Kenneth `,^T. Jones, seconded by Lowell E. Christie and.would be coordinated ' -'✓
with the Police Dept. and Park Dept.
In accordance with the provisions of Section 6100.8 of the Municipal Code, the following
application for room and boarding house from Ruth Lovell at 1617 Santa Rosa Street is
presented for Council consideration. This request of Ruth Lovell for boarding house
license was ordered held over.
The claim of Frances P. Holdredge for alleged damages to her property at 16412 Mill Street
was referred to the insurance carrier.
Minutes of Chamber of Commerce Board Meeting of March 11, 1957 and Financial Report for
�o month of March, 1957, was ordered received and filed on motion of Kenneth 11. Jones,
seconded by Lowell E. Christie.
For Council information, copies of letters from Harvey 0. Banks, Director of Water Resource;
State of Californ3,4to Board of Directors of County Water Works, District No. 8; Morro Rock
View Mutual Water Company; and Paso Robles Beach Mutual Water Association, were ordered
received and filed.
.INionthly activity report for March, 1957 from City Fire Department was ordered received
and filed on motion of Kenneth W. Jones, seconded by Nels Beck.
For Council information, notice of hearing of Avila Water Company for increase of rates
for water services was ordered received and filed on motion of Kenneth W. Jones,
i8S seconded by Lowell E. Christie, and copy to be mailed to Mr. Price Thompson, 'Plater
Superintendent.
On motion of Kenneth W. Jones, seconded by Lowell E. Christie, copy of State Water Resource,
Board Bulletin No. 18, Copy 33 was ordered received and filed.
Request of Pacific Gas and Electric Company for agreement for free use of Pacific Gas and
Electric Company poles for the City fire alarm system was referred to the City_ Attorney
for review and report to the Council.
The request of Chief Schlobohm for permission of Captain Melvin L. Jones to attend the
s Fourth Annual Fire Training Officers' Workshop at Fresno on May 13th to 17th, 1957, in-
clusive, was approved on recommendation of Works-hop Richard D. Miller, Administrative Officer.
Resignation of John Laursen as Parking Meter Repairman, effective May 1, 1957 was accepted
with regret on motion of Nels Beck, seconded by Warren G. Edwards.
Introduction of Resolution No. 195,(1957 Series) A Resolution Increasing the 1956 -57
Budget was passed and adopted on motion of Kenneth W. Jones, seconded by Lowell E. Christie
by the following roll call vote:
AYES: Nels Beck, Lowell F. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H.
Lucksinger
NOES: None
ABSENT: None
Petition from residents adjoining the city limits at Laurel Lane and.Qrcutt Road for
annexation to the City was referred to Mr. Don Johnson, Planning Department for preparation
of schedule for annexation. The matter of discontinuance of the water service to this
property was ordered held over until determination of annexation was completed. i,ir.
Johnson is to re_nort to the Council at the regular meeting of May 6, 1957 regarding status
of annexation to the City.
At this time Mayor Lucksinger declared the public hearing as advertised in the notice to
r property owners regarding the Johnson Street Sewer District Project S -56 -1.
Mayor Lucksinger introduced NIr. George Pearson, Consulting Engineer and Designing..,Engineer
for the pr6ject. Mr. Pearson then explained the district boundaries, the matter of
construction, the purposes of the district, the cost, and speed for assessment.
Mr. Harold Blake, Attorney for the district explained the basis of assessment and the
various procedures and steps necessary for the establishment of the assessment district.
At this time, the City Clerk reported to the City Council on the bids opened and received
for construction of the sewer assessment district as follows:
1. McGuire and Hester
Oakland, California $ 224,377.45
2. Vallev Engineers, Inc.
Fresno, California $ 135,377.$5
3. Ventura Pipeline Construction Co.
Ventura, California $ 178,242.10
4.
W. M. Lyles Company
Avenal, California
$
205,414.11
5.
Jackson - Hopkins Co., Inc.
Bakersfield, California
$
143,079.10
6.
Popovich and Nikcevich
w
228,394.65
7.
Bob Bosnyak
Los Angeles, California
$
1842465.30
8.
L. E. Webb
Santa Maria, California
$
1702640.05
The City Clerk then read the following protests, which had been filed with him prior to
the meeting as advertised:
Albert Nelson
J. J. Silva
Mary Lucas
Catholic Church
Arthur Kentel
Helen Keller
Carol Griffiths
Eugene A. Mead
Mrs. Pete Cognaci
George Croker
Carl Haahjen
Frank Overman
J. B. Popnoe
Virginia Singleton, M. D.
Dorothy Ratliff
Wesley Unfried
Carlos Moerman
Billie 0. Lee
William Souza
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orley Frye, property owner, protested the inclusion of his property in the district as
e uses his property only for pasturing of live stock.
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r. Nelson, again appeared before the City Council stating that Mr. G. H. Hamlin, former
ity Engineer, told him that i�,hen this property was taken in the district, the property
wners would only have to pay for a 6 inch line and that the City would pay the difference \1;
or larger mains. ('
here being no further comments or protests from the South Street portion of the Johnson
venue District, Mayor Lucksinger closed this portion of the hearing and stated that the
ouncil would study these protests in detail and would notify the attorneys for the
roperty owners of Study sessions to be held on this matter.
ayor Lucksinger at this time declared the hearing open for the main Johnson Avenue District. ;.
r. Ray Wherrit asked questions regarding transmission costs and whether he would have to
ay collection costs. Mr. Wherrit was told that his charge was only for transmission
ains as he already had a collection system. �!
Mr. Jack Katzel, Attorney, representing Helen Keller, protested the inclusion of the
Keller property in the district for collection charges as in December of 1956, Mrs. Keller
' installed a complete collection system for her four lots on Johnson Avenue and does not i.
believe she should pay additional collection charges.
Mr. Pearson, Engineer, recommended to the Council that the collection charges for the
Keller property be eliminated as the sewer system installed on her property was adequate.
Mr. Beckwith stated he was for the district, but wanted to know that, if, after paying \,
the assessment, how soon could he hook up to the system?
Mr. Francis McNamara, Realtor, stated that the land on South Street is much more expensive
Phan the land above Johnson Avenue, as it costs two to three times as much to purchase
as the Johnson Avenue properties. He believed that the people along South Street should
pay their share of the sewer line. )
Mrs. Griffiths protested the excessive assessment on her land due to the fact that portions
of her property are very steep and are cut up with gullies and creeks and that it would
Ibe almost impossible to develop.
Lh
r. Eisert, 3015 Flora Street, asked for clarification on costs for areas and for pipe
costs.
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VIr. Don n. Miller, asked for information regarding the hooking up to the system after
Lnclusion in the district.
ors. Maher of Johnson Avenue, asked whether her property would be assessed on Flora Street
or Johnson Avenue. Ivlr. Pearson, Engineer, answered that she would be hooked up on the
sewer on the interception coming down to Johnson Avenue from Flora Street.
Mr. Ken Swartz, representing Goldtree Homes Tract, protested the method of assessing the
various properties in the Tract on an area basis. As each property owner could only
make use of his property with a single dwelling and while it was true that some of the
lots were larger than others, it was difficult to understand why adjoining neighbors
paid from $38 to $90 per lot for the same district. He requested that all the assessments
in the district be on an equitable basis per property. He further asked that the present
interception lines installed by the Goldtree Homes Tract for their collection system be
taken by the district and credit given to all the owners in the tract.
Peter Andre, Attorney, representing Mr. Tomasini, protested the assessment on his land,
stating that the City should pay for all sewer extensions in the City as the people
pay their taxes for this service.
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Miles Fitzgerald, Attorney, asked the Council if property owners would be notified if
any charges were made in the assessment of the various parcels of land. For example,
if the Nelson protest was upheld, would the balance of tha district pick up the difference
in the assessment?
Mr. Blake, Attorney, answered that each property owner would be notified if any charges
were made.
At this time the Mayor declared the hearing; open to anyone who wished to address the
Council from the floor regarding the Johnson Avenue Et Al Sewer District.
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Mr. Stan Nelson, representing Albert Nelson, reiterated the statements in the protest
of Albert Nelson and asked' that the South Street portion of the district be considered
as a separate district and not be included in the Johnson Avenue district.
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Peter Andre, Attorney, representing Mary Lucas,.stated that he wished to agree with Mr.
Nelson in that the South Street area should be considered as a separate district and
any cost for lines over 6 inches should be born by the City and not by the property owners.
He further stated the assessments were unreasonable and arbitrary.
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Timothy I. O'Reilly, representing the Catholic Cemetar,r, protested the assessments on the
basis that the cemetary had no use for a sewer system.
Paul W. Davis, Attorney, representing Arthur Kentel, protested the inclusion in the
district of the Kentel property on the basis that in 1950 the City required that this
property owner install a pressure system to the South Street sewer line and again six
months ago required Mr. Kentel to again increase his sewer capacity with the inclusion
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of a ressure system for removing sewage from his property. These improvements cost
over 3000 and Mr. Davis stated that the Kentel property is adequately sewered at the
present time and requested that his client be eliminated from the district.
iMartin Polin, Attorney for J. J. Silva Et Al, protested the inclusion of the South Street
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iarea with the Johnson Avenue district and stated the South Street properties should be
taken as a separate district.
orley Frye, property owner, protested the inclusion of his property in the district as
e uses his property only for pasturing of live stock.
'i
r. Nelson, again appeared before the City Council stating that Mr. G. H. Hamlin, former
ity Engineer, told him that i�,hen this property was taken in the district, the property
wners would only have to pay for a 6 inch line and that the City would pay the difference \1;
or larger mains. ('
here being no further comments or protests from the South Street portion of the Johnson
venue District, Mayor Lucksinger closed this portion of the hearing and stated that the
ouncil would study these protests in detail and would notify the attorneys for the
roperty owners of Study sessions to be held on this matter.
ayor Lucksinger at this time declared the hearing open for the main Johnson Avenue District. ;.
r. Ray Wherrit asked questions regarding transmission costs and whether he would have to
ay collection costs. Mr. Wherrit was told that his charge was only for transmission
ains as he already had a collection system. �!
Mr. Jack Katzel, Attorney, representing Helen Keller, protested the inclusion of the
Keller property in the district for collection charges as in December of 1956, Mrs. Keller
' installed a complete collection system for her four lots on Johnson Avenue and does not i.
believe she should pay additional collection charges.
Mr. Pearson, Engineer, recommended to the Council that the collection charges for the
Keller property be eliminated as the sewer system installed on her property was adequate.
Mr. Beckwith stated he was for the district, but wanted to know that, if, after paying \,
the assessment, how soon could he hook up to the system?
Mr. Francis McNamara, Realtor, stated that the land on South Street is much more expensive
Phan the land above Johnson Avenue, as it costs two to three times as much to purchase
as the Johnson Avenue properties. He believed that the people along South Street should
pay their share of the sewer line. )
Mrs. Griffiths protested the excessive assessment on her land due to the fact that portions
of her property are very steep and are cut up with gullies and creeks and that it would
Ibe almost impossible to develop.
Lh
r. Eisert, 3015 Flora Street, asked for clarification on costs for areas and for pipe
costs.
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VIr. Don n. Miller, asked for information regarding the hooking up to the system after
Lnclusion in the district.
ors. Maher of Johnson Avenue, asked whether her property would be assessed on Flora Street
or Johnson Avenue. Ivlr. Pearson, Engineer, answered that she would be hooked up on the
sewer on the interception coming down to Johnson Avenue from Flora Street.
Mr. Ken Swartz, representing Goldtree Homes Tract, protested the method of assessing the
various properties in the Tract on an area basis. As each property owner could only
make use of his property with a single dwelling and while it was true that some of the
lots were larger than others, it was difficult to understand why adjoining neighbors
paid from $38 to $90 per lot for the same district. He requested that all the assessments
in the district be on an equitable basis per property. He further asked that the present
interception lines installed by the Goldtree Homes Tract for their collection system be
taken by the district and credit given to all the owners in the tract.
Peter Andre, Attorney, representing Mr. Tomasini, protested the assessment on his land,
stating that the City should pay for all sewer extensions in the City as the people
pay their taxes for this service.
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Miles Fitzgerald, Attorney, asked the Council if property owners would be notified if
any charges were made in the assessment of the various parcels of land. For example,
if the Nelson protest was upheld, would the balance of tha district pick up the difference
in the assessment?
Mr. Blake, Attorney, answered that each property owner would be notified if any charges
were made.