HomeMy WebLinkAbout12/15/1958DEC :1 mo
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DFr i ,a58
Approved this 16th day of January, 1959. -
City erk
December 15, 1958 - 7 :30 PM
CITY HALL
The City Council met in regular session with Mayor Fred H. Lucksinger
presiding.
Roll Call: Present - Nels Beck, Kenneth W. Jones, Richard G. Sleight,
J. Barry Smith,. Fred H. Lucksinger
Absent - None
The minutes of the regular meeting of December 1, 1958 were approved as
read.
Claims against the_ City for the month of December, 1958 were approved
on motion of Kenneth W. Jones, seconded. by Richard Sleight, subject
to the approval of the Administrative Officer.
Resolution No. 471 1195$ Series), "A Resolution Reducing the Various
Equipment Replacement Items to Reflect Unspent Pbrtions Thereof and
Making the Necessary Inter -Fund Transfers," was passed and adopted
on motion of Richard G. Sleight, seconded by Kenneth W. Jones 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
Resolution No. 472 (1958 Oerie s) , " A Resolution Increasing the 1958 -59
Budget," adding Flagg inspection Fees No. 5. and decreasing Unbudgeted
Reserve) was passed and adopted on motion of Kenneth W. Jones, secon-
ded by Nels Beck on the following roll call vote:
AYES: Nels Beck, Kenneth W. Jones,
Smith, Fred H. Lucksinger
NOES: None
ABSENT: - None
Richard G. Sleight, J. Barry
Resolution No. 4 (1 958 Series), "A Resolution .Increa5ing.the-:195� "59
fidget;..!! ncreasing Fire Capital Outlay and Police Capital Outlay,
and decreasing Unbudgeted Reserve) was passed and adopted on motion
of Kenneth W. Jones, seconded by Richard G. Sleight, on the following
roll call vote:
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AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry
Smith, Fred H. Lucksinger ,
NOES: None
ABSENT: None
Resolution No. 474 (1 958 Series), "A Resolution Transferring Funds,"
(General Reserve to Water and Equipment Replacement to Water) was
passed and adopted on motion of Richard G. Sleight, seconded by
Kenneth W. Jones 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
DEC 15inu
Resolution No. 475 (1958 Series), "A'- Resolution Increasing the 1958-59
— Rudget," Increasing Water Budget) was passed and adopted on motion
of Kenneth -W. Jones, 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
Resolution No. 476 (1 958 Series), "A Resolution Increasing the 1958 -59
' Budget," increasing Miscellaneous Expenditures and decreasing Un-
budgeted Reserve) was passed and adopted on motion of Kenneth W.
Jones, seconded by Nels Beck on the following roll call vote:
AYES: Nels Beck, Kenneth W. Jones, Richar`1 G. Sleight,
J. Barry Smith, Fred H. Lucksinger
NOES: None
ABSENT: None
�,, Resolution No. 477 (1958 Series), "A Resolution Increasing the 1958 -59
udget," (increasing Administrative Officer Capital Outlay, City
Attorney Capital Outlay, Police Capital Outlay and City Clerk -
< Assessor Capital Outlay, and decreasing Unbudgeted Reserve) was
passed and adopted on motion of Kenneth W. Jones, seconded by Nels
'7 Beck on the following ro 11 call vote:
AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight,
J. Barry Smith, Fred H. Lucksinger
NOES: None
ABSENT: None
Resolution No. 478 (1958 Series), "A Resolution Changing Walter Street
to Southwood Drive," was passed and adopted on motion of Richard G.
Sleight, seconded by Kenneth W. Jones on the following roll call
vote;
' AYES: Nels Beck, Kennth W. Jones, Richard G. Sleight,
.J. Barry Smith, Fred H. Lucksinger
NOES: None
ABSENT: None
At this time Mayor Lucksinger welcomed the high school students who
were present and stated that if any students had questions or prob-
lems, to' please feel free to call on the City Council or staff and
they would be glad to answer them.
COMMUNICATIONS
1. Communication from J. C. Hampl regarding drainage systems in the
City of San Luis Obispo was referred.to Council study session.
2. '.Communication from F. L. Dirkes of Sears.. Roebuck and _Co. regarding
.left t urn from their parking lot on Marsh Street was referred
to the Traffic Committee.
3. Communication from McCarthy Tank and Steel Company notifying the
City Council that they desire to exercise the option of their:
lease for the city corporation yard on Santa Barbara Street for
one year to November 17, 1959. -Request-was approved on motion
of Kenneth W. Jones, seconded by Richard G. Sleight,
4. Communication from Flagg - Condiotti Organizations, requesting accep-
tance of off -site. improvements in Tract 124 was ordered held
over to the meeting of January 5; 1959 -at whi ch time Mr. Romero
is to submit his report on this subdivision.
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DEC I'S 19M
5. Communication from Cal Poly thanking the City Administration and
Staff for their cooperation in hosting the group of Turkish
governors November 20, 1958 was received and filed.•
6. Communication from the Chamber of Commerce-requesting the City Coun-
cil appoint a representative of the Council to act as ex- offi.cio
member of the Chamber Board of Directors. With the approval
of the City Council Mayor Lucksinger appointed Councilman Sleight
to act as ex-officio-member of the Chamber Board of Directors.
7. Communication from the'Chamber of Commerce requesting.extension of
the agreement between_.the city and the Z�hamber of Commerce for
the calendar Year 1959.
Resolution No. 480 (1958 Series), "A Resolution Authorizing Exten-
sion of Chamber of Gonimerce Agreement," was passed and adopted
on motion of Kenneth W. Jones, seconded by Nels Beck.on the fol-
lowing roll call vote:
AYES: Nels Beck, Kenneth
Fred H. Lucksinger
NOES: J:-Barry Smith
ABSENT: None
W. Jones, Richard G. Sleight,
8. Minutes of the Chamber of Commerce meeting November 10, 1958 and fin-
ancial report for the month ending November 30, 1958 was received
and filed.
9. Communication from the Department of Water.Resources regarding mem-
orandum at to fiscal procedure to be followed in the construc-
tion of the Whale Rock Project for the city's approval.
Resolution No. 481 (1958 Series), "A Resolution Authorizing the Mayor
to Execute the 'Memorandum of Understanding and Intent Regarding
Fiscal Policy on Whale Rock Project," was passed and adopted on
motion of Richard G. Sleight, seconded by Kenneth W. Jones 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
10. Communication from Stone & Youngberg regarding prepantion of the
bond prospectus and bond sale for the Whale Rock Project-was re-
ceived and filed.
11. Progress report by the Department of Water Resources for the Whale
Rock Project for the month of October, 1958 was received and filed.
12. Completed copies of the agreement between the City of San Luis Obispo
and the Department of Finance preparing a population estimate
for the City was presented and filed.
13. Mr. Miller, Administrative Officer, announced the appointment of
Darlene A. Coney as Stenographer in the Police Department, effec-
tive December 15, 1958- -step 1, $254 per month.
14. The following salary step increases were approved by the Council on
motion of Richard Sleight, seconded by Kenneth W. Jones:
Hiltunen Albin S -- Laborer - equipment operator - -from step 1 or
4300 per month to step 2 or 4317 per month, effective
January 1, 1959.
Truelove Everett H-- Meter- Reader- Repairman - -from step 1 or
4300 per month to step 2 or 4317 per month, effective
January 1, .1959:
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Flosi, Elvira E-- Stenographer - -from step 1 or 4254 per
month to step 2 or $268 per month, effective January
1, 1959.
Hurley, Charles -- Police Officer - -from step 4 or $419
per month to step 5 or 4443 per month, effective January
1, 1959.
Escob edo Juan -- Laborer- -from step 1 or 4268 per month to
step 2 or 4284 per month, effective January 1, 1959.
Siemer, Ada. -- Typist Clerk- -from step 1 or $240 per month to
step 2 or $254 per month, effective January 1., 1959.
__ -. 8:00 P.M. -- PUBLIC HEARING
ORDINANCE 94 -- At this time the City Council held a public hearing
on the final adoption of Ordinance 94 (1958 Series), "An Ordinance
r of Intention to Abandon a Portion of Kentucky Street," The Mayor
declared the public hearing open.
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There being no comments from the citizens present, the hearing was
closed and Ordinance 94 finally passed on motion of J. Barry Smith,
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
RESOLUTION 459 -- At this time the Mayor declared the public hearing
open on esolution No. 459 (1958 Series), "A Resolution Commencing
Annexation Proceedings on That Certain Uninhabited Territory Known
' as 'Ferrini Addition' and Giving Notice of the Time and Place For
Hearing Protests Thereto."
The City Clerk reported that. no written protests were received up
to this date. There being no comments from,the citizens present,
ORDINANCE 98 (1958 Series), "An Ordinance Approving the Annexation
of ertain Uninhabited Territory Designated 'Ferrini Addition' to
the City of San Luis Obispo" was introduced and passed to print on
motion of Kenneth W. Jones, 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
RESOLUTION 460 (1958 Seri es) .7-''At this---.time the Mayor declared the
public hearing open.on Resolution No.. 460 (1958 Series), "A Reso-
lution Commencing Proceedings on That Certain Uninhabited Territory
Known as 'Garcia - Pereira Addition' and Giving Notice of the Time
and Place for Hearing Protests Thereto."
The City Clerk reported no written protests had been received.
1 There being no further comments from the people present, the public
hearing -was closed, and
•ORDINANCE 99 (1958 Series), "An Ordinance Approving the Annexation
of Certain Uninhabited Territory Designated 'Garcia - Pereira'
Addition' to the City of San Luis Obispo," was introduced and
passed to print on motion of Nels Beck, seconded by Kenneth W. Jones
on the following roll call vote:
AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight,
J. Barry Smith, Fred H. tucksinger
NOES: None
ABSENT: None
RESOLUTION NO. 462 -- At this time the Mayor declared the public
hearing open on Resolution No. 462, (1958 Series), "A Resolution
of Intention, Notice and. Public Hearing of Granting Franchise for
Garbage Collection.."
Mr. Robert Todd of 1592 Palm Street appeared before the Council
and a sked what the charge would b e a t the c ity dump w hen c itiz ens
delivered their own trash to the dump. He added that people should
be allowed to dump for f ree,or at.least for a reduced price, when
they hauled their own trash to the dump. He believes the present
charge-is excessive.
Mr. John Sleeth, 1916 Johnson Avenue, suggested that muzzles be
placed. on the garbage collectors early in the morning to eliminate
the noise which is dssturbing to the residents.
Mr. Peter Andre, Attorney representing the San Luis Garbage Company,
stated that the dump has a minimum charge for trash regardless of
the size of vehicle or container which is a similar practice in
dumps throughout the state. Further, Mr. Andre stated that any fee
that is charged does not go to the garbage company but is kept by
the man who maintains the dump.
After some discussion by the Council, Mayor Lucksinger suggested
that -any citizen who had a complaint regarding the garbage company
or the dump• should write a letter to the city and the city would
take it up with the garbage company operators.
ORDINANCE NO. 100 (1958 Series), "An Ordinance Granting a Garbage
Collection Franchise to the San -Luis Garbage Company"- was introduced
and passed to print on motion of Nels Beck, seconded by Kenneth W.
Jones 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
ORDINANCE NO. 97 -- At this time the City Council held a public hear-
ing on final passage of Ordinance No. 97 (195$ Series), "An Ordinance
Amending Section 9200.5 of the San Luis Obispo Municipal Code to Re-
zone a Portion of Lincoln Terrace, Tract 110, From R -4 to R -1."
There being no comments from the audience the public hearing was
closed and Ordinance No. 97 finally passed on motion of Richard
Sleight, seconded by Kenneth W. Jones 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
ORDINANCE NO. 96 -- At this time the City Council declared the public_
Baring open on Ordinance No. 96 (1958 Series), "An Ordinance Amend-
ing Section 9200.5 of the San Luis Obispo Municipal Code to Remne
Certain Real Property."
There being no comments from the audience the hearing was closed
and the Ordinance finally passed on motion of Nels Beck, seconded
by Kenneth W. Jones on the following roll call vote:
AYES: Nels Beck, Kenrrth W. Jones, Richard G. Sleight, J. Barry
Smith, Fred H. Lucksinger
NOES: None
ABSENT: None
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RESOLUTION N0. 470 -- At this time the City Council held a public
hearing on Fe olution No. 470 (1958 Series), "A Resolution Setting
Public Hearing for the Establishment of Plan Lines on a Portion of
Johnson Avenue."
The City Clerk read, at the request of the Mayor, the recommenda-
tion of the Planning 6ommission regarding the adoption of the plan
line on Johnson Avenue. Mayor Lucksinger requested that Mr. Romero,
City Engineer, explain the proposed plan line in detail, showing
the plan line from San Luis Drive to Orcutt Road. Mayor Lucksinger
requested that Mr. Miller, Administrative Officer, explain to the
' people present the current City Council policy regarding the devel-
opment.of plan lines. (See Resolution No. 341)
John Sleeth- -1916 Johnson Avenue -- stated that he did not see the
reason for setting the plan line at this time, particularly as the
city has not planned to do the widening for many years to come, and
he cannot understand why a cloud should be put on his property when
the city is not going to use the land.
Robert Todd asked if the plan line envisioned the construction of
sidewalks as part of the street development.
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cZ Richard Harris, Attorney, stated that anyone on Johnson Avenue could
d build a- house at the present time within the contemplated street
widening as they are already required to set back 20 feet in -the
residential areas and at no place' does the plan line bo beyond 16
feet. Further, Mr. Harris stated that this plan-line is a hardship
on the property owners as they are required to set back an additional
depth and are not compensated for the property they lose. He said
that once a plan line is adopted it places a hardship on the present
property owners, as a purchaser.would pay less for a parcel of land
encn,±bered with a plan line because use of the lan is restricted.
Placing a plan line on this street at this time will not help the
city as it will not cost any less to purchase the property ten years
from now than it will today without a plan line.
' Mr$: Bilodeau -- Johnson Avenue - -asked that when the land is taken by
the city, w o will pay for the required retaining walls in order to
hold back her property.. Further, W-hy. should the city penalize the
present property owners in order to help additional traffic at- some
future date.
She suggested that the city find additional routes for handling this
anticipated additional traffic flow to the fringes of the city. Mrs.
Bilodeau stated that she has paid taxes for many years on this prop-
erty and she should not be left holding the sack with a hindrance
to sale as no one would purchase a parcel of land with the-possi-
bility of not only losing the land required for widening, but also
the possibility of sharing the cost of building a retaining wall to
keep the land from falling into the street.
Mr. Richard Harris, Attorney, suggested to the City Council that a
possi ility of alleviat ing some of the heavy traffic on Johnson
Avenue might be to contact the school authorities and request that
the busses not drive up to the Junior High School, but that the
bus riding students . be unloaded in the area behirig the Nuss Memorial
Pool and then walk to the school. He suggested that possibly open-
ing Richard Street or Walter Street to Augusta Or Helena Street
might relieve the traffic on Johnson as people could use Laurel Lane,
' Orcutt Road and Broad Street to the southern end of the city.
Don . Miller appeared before the Council and stated that the Coun-
cil a •a real problem in attempting to equitably settle the growth
problems in the city and their attendant traffic growth. He sug-
gested that a citizen's committee be formed in order to study the
feasibility of having additional arterial routes from downtown San
Luis Obispo to the fringe areas, and by this plan remove some of
the heavy traffic from the few main streets in use at the present
time.
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He suggested that .this committee could comeup with a workable
plan of arterial streets in the city and then could figure the
cost and by a bond issue allow all the citizens of. the city to
help pay the cost required for this street system. In this way
the job could be.done and necessary land acquired at one time
instead of the piecemeal way it is being done at the present time.
Mr. Miller also asked that if he sold a parcel of land from his
property on Johnson Avenue, would he.or the buyer be required to
put in sidewalks, curb and gutter in addition to donating the
necessary land for street widening. He also asked who would pay
for lowering water and sewer lines required by the plan line.
Mr. Richard Willett, Realtor, asked if a person owns..a lot on
Johnson avenue and subdivides it, would he be reimbursed for the
land taken by the use of the plan line .lot.
Miss Eva Hurd -- Johnson Avenue--asked, when the street is widened,
would the city replace the present curb, gutter and sidewalks.
Mr. Blaser -- Johnson Avenue -- stated he is for the plan line; but asked
if it were true that some property owners were required to donate
their land for the street widening and others would be paid. for
any land acquired. He believed everyone should be treated equit-
ably. Either everyone should be paid for any land required or every-
one should be required to give the land.
Mrs. Bilodeau asked, if she sold some of her lots would she be re-
quired to donate portions of the land for street widening purposes.
Upon questioning by Mr. Houser, City Attorney, it was brought out
that Mrs. Bilodeau owns four lots of record and in accordance with
the ordinance of the city, lots of record can be sold that are not
considered a subdivision.
Mr. Morrison asked the Council if they had considered opening Sydney
Street over the Southern Pacific Railroad tracks to Broad Street
in order to alleviate the traffic pressures on Johnson Avenue..
Further, Mr. Morrison stated he did not agree with Mr. Harris' con-
tention of having the school children walk. from the bus garages to
the junior high school as this is quite a distance and would be
hazardous on wet and rainy days.
Mr. Don Q! Miller asked, if the plan line were passed this evening,
could he come in and ask :thee city to go ahead and put in the improve-
ments if he donated the necessary land. He was informed that the
plan lire improvement program applied only to normal residential lot
widths.
Mrs. Bilodeau asked if an when the
widened, have any provisions been
and out of their driveways.
plan line is put in and the street
made to protect people driving in
There being no further discussion, Mayor Lucksinger thanked everyone
for contributing their ideas to the plan line problem and stated
that the city council would now take all the objections and sugges-
tions under study and would again hold a meeting on some future date
on the adoption of the plan line.
The Mayor declared the public hearing closed.
15. Mayor Lucksin ger, with the approval of the City Council' appointed
the following individuals for stated terms to the Police Ad-
visory Board of the city as a citizen group to help the city
Police Department:
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- E. J. Fabbri
1 year
term
as chairman
- Father Laurence
O'Sullivan
1 year
tern
as member
- Everett M. Chandler
1 year
term
as member
- George Bushong
2 year
term
as.member
- Ethel Cooley
2 year
term
as: member
- Mrs. Theo C. Maino
3 year
term
as member
- Harry J. Morris
3 year
term
as member
On motion of Kenneth W. Jones
seconded
board
by Nels Beck, the appoint-
ments to the Police Advisory
were
approved.
OLD BUSINESS
1. Communication from R. D. Miller, Administrative Officer, regarding
veterinarian services for the calendar year 1959. On motion of
Kenneth W. Jones, seconded by Richard Sleight, the Mayor was
authorized to sign the agreement with Doctor McCapes for city
c; services in 1959.
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2. RESOLUTION NO. 479 -- Mr. D- Romero, City Engineer, recommended
4 acceptance of Tract 71 by the city. Resolution No. 479 (1958
Series), "A Resolution Accepting Off -Site Improvements in Tract
71, McMillan Manor" was passed and adopted on motion of Richard
Sleight, seconded by aenneth W. Jones 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
NEW BUSINESS
1. On motion of J. Barry Smith, seconded by Richard Sleight, Mayor
Lucksinger, Admihistrative Officer Miller and City Clerk Fitz-
patrick were authorized to attend the bid opening on the Whale
Rock Project on December 17, 1958 and also to meet with finan-
cial consultants, Stone & Youngberg on December 18, 1958.
2. Monthly report of the Public Works Department was received and filed.
3. Mayor Lucksinger suggested to the Council the possibility of
appointing a citizen's committee with representatives of the
various service groups in the city with the idea,, -of again hav-
ing an annual civic celebration of some type which the city
badly needs. By-common consent of the council the Mayor was
authorized to proceed with his suggestion.
4. Mr. Romero, City Engineer, requested that the following 1958
personnel vacations be held over until 1959, due to the press
of work in his office:.
Howard, Doug 10 days
Juarez, Tony 5 days
Landell, Paul Jr 10 days
Romero, David 10 days
Mr. Miller •recommended. that these vacations be held over.
5. Mr. Miller, City Administrative Officer, ,reported regarding the
accident in which a pickup truck in the Public Works Depart-
ment was demolished and requested permission to advertise for
replacement of the damaged truck. 'Request was approved on
motion of J. Barry Smith, seconded by Kenneth W. Jones.