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HomeMy WebLinkAbout04/20/1959COUNCIL MEETING April 20, 1959 -- 7:30 P. M. The City Council met in regular session with Mayor Fred H. Lucksinger presiding. Invocation: Reverend Brewer, First Baptist Church Roll Call: Present - Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger Absent - None Kenneth Hess, Architect, appeared before the City Council and presented'the•pre-- liminary plans for Fire Station #3 on Laurel Lane. Mr. Hess explained to the Council the types of construction and the general over -all plan for the fire house. He stated that they had worked very closely with Fire chief Schlobohm- and the City Attorney -in-designing this.building. He stated the cost was esti- mated at $46,000. On motion of Richard G. Sleight, seconded by Nets Beck, Mr. Hess was authorized to proceed with the final plans and specifications for Fire House No. 3. RESOLUTION NO. 541 (1959 Series), "A Resolution Adopting Budget and Approving Memo- randum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets" was introduced. Mr. Romero, City Engineer, explained the details on the proposed gas tax prospects for 1959 -60. On motion of Richard G. Sleight, seconded by J. Barry Smith, Resolution No. 541 was passed and adopted by the-following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None RESOLUTION NO. 542 (1959 Series), "A Resolution Increasing the 1958 -59 Budget" -was passed and adopted on motion of Kenneth W. Jon's, seconded by Richard G. Sleight on the following roll call vote: (Southwood Inspection Fees & Refund - Flagg & Deeter) AYES: NelsBeck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None Mayor Lucksinger welcomed the high school students and Cal Poly students who attended the meeting'and told them they were welcome to ask questions at any time they so desired. Mr. John Feliciano, President of the San Luis Parlor, Native Sons of the Golden West, appeared before the City Council and presented the City with a framed replica and history of the Great Seal of the State of California and a framed replica of the California Bear Flag and its history and meaning to the citizens of the State of California. Mr. Feliciano congratulated Mayor Lucksinger for the fine job he has done as Mayor and a former president of the local parlor of the Native Sons of the Golden West. Mayor Lucksinger, on behalf of the City of San Luis Obispo, thanked Mr. Feliciano add the Native Sons for their thoughtfulness in presenting these gifts to the City. COMMUNE ATIONS ' 1. Communication from Cal Poly thanking the City Council for their consideration to the students who have attended Council meetings as part of their social science course -- received and filed on motion of Kenneth W. Jones, seconded. by Nels Beck. APR ' U 1959 2. Communication from the State Compensation Insurance Fund regarding premiums and dividends on city policy was received and filed. 3. Communication from the Litho Art Shop congratulating the Council on the street lights at Osos and Marsh Streets was received and filed. 4. Resolution of the Board of Supervisors welcoming-air service at the County air- port at San Luis Obispo was received and filed. 5. Minutes of the regular board meeting of the Chamber of Commerce for March 9, 1 1959, Executive Board meeting of March 20 and 26, 1959, and financial report for the month of March was received and filed. 6. Application of J. R. Farley to operate a cafe at 785 Higuera Street was held over. 7. Communication from Wm. E. Flory, Park and Recreation Superintendent, requesting sick leave in excess of 15 days for James McKenzie - Janitor - was approved on motion of Richard G. Sleight, seconded by Kenneth W. Jones. 8:00 P M - PUBLIC HEARING At this time a scheduled continuation of a public hearing on the final adoption < of Ordinance No. 111 and 112 -- rezoning certain properties on Johnson Avenue and Q Laurel Lane was held. `'J As all members of the City Council had been served by a Writ of Prohibition issued by the Superior Court of the County of San Luis Obispo, demanding that the City not take any action on the adoption of these ordinances until they had shown cause in the Superior Court on May 72 1959 why they should. Mr. Houser, City Attorney, upon request of the Council, stated that he believed the writ was in error, as a Writ of Prohibition cannot be served to stop a legislative act, but that if the Council acted on these ordinances, they could be held in contempt of court by the Superior Court Judge, which is punishable by fine or imprisonment as it is a misdemeanor., ' Councilman Smith stated he believed that regardless of the writ, theCouncil should proceed with the rezoning oneway or another, as the decision has been delayed . too long. Councilman Jones asked the City Attorney if the City had passed the ordinances to print within the legal time limit: Mr. Houser stated it had. Councilman Sleight stated that he wished to proceed with the adoption of this ordinance, butthat he did not:wish to be in contempt of court and so did not wish to proceed. Therefore, on motion of Kenneth W. Jones, seconded by Richard G. Sleight, the matter of the final adoption of Ordinance No. 111 and 112 was continued for hearing to May 18, 1959 at 8 pm. Motion carried. The Mayor declared the public hearing open on final adoption of Ordinance No. 113. There being no protests, written or oral, Ordinance No. 113 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property" (Lot 6 Blk 80 from R2 to R4) was finally passed on motion 1 of Kenneth W. Jones, seconded by Richard G. Sleight on the following roll call vote: AYES: Nels Beck'; Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None 130 APR 2 01959: The Mayor declared the public hearing open on the final adoption of Ordinance No. 1141 "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property" (Ptn Blk 123 from R1 to R3). There be- ing no protests, written or oral, the ordinance was finally adopted on motion of Richard G. Sleight, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None 8. Permission to call for bids for supplying cast iron pipe to be installed in Orcutt Road and Broad Street was granted on motion of.Kenneth W. Jones, seconded by Richard Sleight - -bids to be opened May :4, 1959. 9. Permission to call for bids for the installation of 12" cast iron pipe in Or- cutt Road and Broad Street was granted on motion of Kenneth W. Jones, seconded by Nels Beck - -bids to be opened May 15, 1959. 10. Mr. Miller announced the appointment of Raymond E. Elmore as Janitor, effective April 16, 1959 at the first step of $268 per month. 11. Legislative bulletin from the League of California Cities was received and filed. OLD BUSINESS 1. _Report of the Planning Commission on the request of Maino Properties to build an alley from Old Morro Road to the rear of the shopping center on Foothill Blvd. Matter was referred to the City Attorney to prepare a written report regarding this proposal to the new Council to consider. 2. Protest was received from C. A. Maino against the placing of utility lines in sidewalks in downtown San Luis Obispo -- referred to the City Engineer for re- port. Mr. Romero, City Engineer, presented his report regarding this con- struction, which is allowed by the various utility franchises. He recommended no change in the procedure. Received and filed on motion of Nels Beck, seconded by Richard G. Sleight. 3. The matter of the Cal Poly sewage agreement with the City was held over again by the City Attorney. 4. Request of the Governor of California for a local chairman to be appointed to his advisory committee on Children and Youth which was referred to a Council Committee consisting of Councilman Beck and Jones for recommendation was held over. 5. Traffic Committee report #59 -4 -1C dated April 13, 1959 and re- referred to the Committee for investigation of improved marking and signing of this intersec- tion. "At the Council's request, the Traffic Committee has taken another look at the signs located in the vicinity of the Johnson Underpass and finds that they are adequate with exception of the pavement markings on Johnson south of the underpass which are badly worn. The engineering department has been instructed to repaint these markings." Report accepted by the Council. Traffic Committee report #59 -4 -4T. "The Traffic Committee has for some been studying the traffic condition at the corner of Marsh and California and has received numerous complaints from citizens, Councilmen and other officials on the yield right -of -way sign on California at Marsh. While there have been no accidents recorded at this location, there seems to be a certain amount of m nfusion in connection with the yield sign at this location. The original purpose of the sign was to clear out southbound traffic movements on California which had become quite congested in the past because of the stop - sign at that location. However, the Traffic Committee is prepared to recommend to the Council at this time that the yield right -of -way sign be replaced with a standard stop sign on a trial basis. 1 1 CII�I 1 CA Q 1 1 APR a U IMU 131 RESOLUTION NO. 543 (1959 Series), "A Resolution Establishing a Stop Sign on California Boulevard at Marsh Street" was passed and adopted on motion of Nels Beck, seconded by Richard G. Sleight on the following . roll call vote: AYES: Nets Beck, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None NEW BUSINESS Richard G. Sleight, J. Barry Smith, RESOLUTION NO. 544 (1959 Series), "A Resolution Transferring Funds and Re- estab- lishing The Sinsheimer Park Development Fund" was passed and adopted on motion of Kenneth W. Jones, seconded by Richard G. Sleighton the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleidi t, J. Barry Smith, Fred H. Lucksinger NOES:. None ABSENT: •None Request of.the Poly Royal Special Affairs Committee to use the city's chemical wagon on April 24 was approved on motion of Richard G. Sleight, seconded by Kenneth W. Jones. Progress report on the Whale Rock project for the month of March, 1959 was re- ceivdd and filed. Report of the Public Works Department for the month of March was received and filed. Mr. R. L. Graves appeared before the Council and tba nked them for setting aside money for development of the Sinsheimer Park and school area. The meeting was adjourned to 9:00 am on April 21, 1959 at which time the City Council will meet as a canvassing board to canvass the returns-of the April 14, 1959 elections, on motion of J. Barry Smith, seconded by Nels Beck. Approved this 29 day of May, 1959. / / nity Clerk