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.
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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
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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.
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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