HomeMy WebLinkAbout11/17/19524
DC� concerning the Agreement be put in writing.
The City Council noted the passing of Norman W.Sandercock, a civic figure, and ex-
tended condolence to the family.
The Proposed construction of Chorro St. Bridge at an estimated cost of $ 22,000 as
presented by the City Engineer was discu3sed by the Council and on motion of Frank V.Woods,
seconded by Paul W.Davis the Commissioner of Public 'vy'orks was instructed to take the
matter under submission.
The matter of the sale of sludge at the Sewer Farm was referred to the commissioner
of Public Works for decision.
The City Clerk was instructed to advise the several insurance Agents in the City of
San Luis ()bispo of the City Council's intention of re- appraisal and re -value of all city
Fire insurance policies,- discussion to be held at the meeting of November 17, 1952.
Old Rusiness
Communicaation from the Purple Heart requesting the organization be granted permission
to display an Ancient Gun and Knife Exhibit in the City was granted on motion of Frank
V.Woods, seconded by Timothy I. O'Reilly.
The following matters were held over;
Communication from Livision of Highways Re: Agreement covering rental on Street Sweeper
" from City Recreation Commission Re: Custodian's Salary
tt TM IT " IT Re: Salary Resolution
It " Southern Pacific Co. Re; Water Agreement
" from Sam Stiefel Re: Proposed Amendment Agreement concerning Sewer Farm Acreage.
There being no further business the meeting adjourned on motion of D.M.Carpenter,
seconded by Timothy I. O'Rei1 y.
Aoprved this day of
A t t t
y Clerk
ayor
City Hall, Monday, November 17, 1952- 7:30 P -M-
The Council met in regular session; Maycr Timothy I.O'Reilly Ir esiding.
Present: D.M.Carpenter, Paul !!!.Davis, Fred Lurksinger, Timothy I. O'Reilly,
Frank V.Woods
Absent: None
The minutes of the meeting of Nov. 3, 1952 were gproved.
First order of business:
City Insurance Brokers and sicussion:_ _
Several Citv Fire Insurance „gents and Brokers appeared before the Councul to discuss
the city's insurance needs. The Mayor informed the group that the Council was interested
in getting the best deal, including the best service possible for the City.
The Council Isere reminded that the rates are set by the Pacific Fire Rating Bureau
and that Agents or Brokers cannot deviate from these rates. The only advantage one
Company can offer over the other is the type of service offered. The Council took their
arguments under submission.
Communications:
1 - From Gerald B. Evans - stating he would ape unable to attend the Council meeting for
insurance discussion, was ordered received and filed.
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2 - Comm. from Wm.. Roonev Re: landscaping of Citv Hall .grounds suggesting and re- 459
commending extending retaining wall, was referred to the City Engineer on motion of Fred
Lucksinger, seconded by D.M.Carpenter.
3 - From Richard Miller suggesting the transfer of $3096.$7 from the Street Assessment
Redemption Fund to the General Fund, as recommended by Willeford & Wiltshire, was approved
by the Council.
4- From Commissioner Davis Re: water contract ti•.ith the Southern Pacific Co.;
it was moved by Frank V.!Noods, seconded by D.MI.Carpenter, that the recommendation suggests
be approved, and the Citv Attornev instructed to advise the Southern Pacific Railroad.
5 - From Wm. H.Ragle submitting his resignation as of Dec. 1, 1952 was accepted by the
Council on motion of D.iM.C�arpenter, seconded by Timothy I.0'Reilly.
6 - From London & Lancashire Ind. Co. requesting cancellation of bond covering J.A.Bardin
covering Bus Franchise was held over.
7 - Comm. from New Amsterdam Casualty Co. Re: bond covering Marilyn E. Bovee in the
position of City Collector was referred to the City Attorney on motion of Frank V.Woods,
seconded by by Timothy I. O'Reilly.
$ =- Coma. from George L. Christensen & John DeBacker He: sale of Booster pump to the City
of San Luis Obispo was referred to the Commissioner of Public Works on motion of Frank V.
Woods, seconded by Fred Lucksinger.
9- Comm. from Associated Student Body requesting permission to Erect Directional Signs was
presented to the Council and the City Clerk instructed to advise them the matter would have
to be taken un with the Division of Highways, for £inalclearance.
10 - Comm: from Chairman, Red Cross, Blood program, requesting permission for Police
escorts for parade. ( Re: Blood program )
(2) Provide parking spaces for paradefloats
(3) To drop leaflets from airplane
(4) Use of City vehicles to transport donors
By common consent of the Council the above requests were granted excepting the request
for use of city vehicles.
11 - Comm. from Rev. Walter Loretz requesting additional streets lights be installed at
the intersection of Tanta Rosa and Foothill 'Blvd.was authorized by the Council on motion-
of Frank V.Woods, seconded by Timothy I. O'Reilly.
12- Comm. from Miss Edna M. Finney submitting her resignation as member of the City
Library Board was accepted on motion of D.M.Carpenter, seconded by Timothy I.0'Reilly.
The City Attorney was instructed to write Mr. Gugliemelli of the Paramount Upholstery
Re: moving to a new location without the approval of the Council.
The following bonds were approved, sureties acceptaed and licenses ordered granted on
motion of Paul W; Davis, seconded by Frank V.Woods:
1 - Jasper Jack Blair - Class TMFTM Contractor - Glass glazing
2 - Penny Food Plan ( Mdse. Sales) - 942 Chorro St.
3 - Becker's Yardwage Store ( Mdse. Sales) Higuera St.
The application of J. C. Printz for Nut Vending Machine License operator was granted
on motion of D.M.Carpenter, seconded by Fred Lucksinger.
The following reports were ordered received and filed:
City Clerk's Report �or the month of Oct. 1952
Police )dept.
City Collectorts n n n tr
Comm. from Division of Highways requesting cancellation of city taxes on property
acquired for highway purposes was referred to the City Clerk for investigati®n on motion
of D.M.Carpenter, seconded by Frank V.Woods.
Comm. from S.P.R.R. Re: water fire line to Stenner Creek Bridge was referred to the
Commissioner of Public Works and Commissioner of Finance for joint action on motion of
Frank V.Woods, seconded by Timothy I. O'Reilly.
on
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The Council approved the following matters:.
Salary Etep increase for Opie H. Haddock, Police. Officer to Step #2 at $284.00 per
month as of Dec. 1, 1952.
2 - Salary step increase for Rose Joinville, intermediate steno -clerk to step #2 at
$215.00 per month as of Dec. 1, 1952.
3 - Appointment of Mary DeBrum , intermediate acct. clerk, City Clerk's office, at
$204.00 per month as of Nov. 10, 1952, on a six month's probationery period.
4 - Appointment of Hazel Arnett, Sten- Matron in the Police Dept. -at $204.00 per month
as of Nov. 103 1952 on a six month's probationery period.
5- Appointment of Jack P. Friedman, meter iepair man, at a salary of $240.00 per month as
of Nov. 19, 1952 on a six month's probationery period.
Petition filed by J.J. Donovan for permit to repair and alter was held over.
Communication from Richard Miller submitting report on information received
on city license ordinances was referred to the Council for study.
On motion of D.M.Carpenter, seconded by Timothy I.O'Reilly the Council approvedl
and authorized Change Order No. 4 on L. E.Webb Construction Co. Contract covering
Freeway Sanitary Sewer Relocation proj. in the amount of $76.96.
The following payments were authorized, work approved and accepted on motion
of D.M.Carpenter, seconded by Timothy I.O'Reilly:
L. E. Webb Constr. Go..- FREEWAY SANITARY SEWER RELOC - Proj. 2852A-
Est. No. 3 - Amt. $ 1194.26
^ ^ ^ FREEWAY SANITARY SEWER RELOC. - Est. #4 - ( Final) - " 1341.65
Maino Co m tr. Co. SEWAGE WORKS ENLARGIM ENT - Est. #4 - 3913.69
Henj:y Dalessi - SAN LUIS DRIVE EXT. Proj. 0152 - Est. #4 - 1483.65
R. McGray - GRAND AVE. ST. IMP. Proj. 20 - Est. #1 1161.90
Resolution No. 1157 (New Series).- A Resolution amending Resolution No.
1090 (New Series) relating to salary classifications was passed and adopted on motion of
D.M.Carpenter, seconded by Fred Lucksinger upon the following roll call vote:
Ayes: D.M.Carpenter, Paul W.Davis, Fred Lucksinger , Timothy I. O'Reilly, Frank V;Woods
Noes: None
Absent: None
Resolution No. 115$ (New Series) - A Resolution authorizing the quit - claiming
by the City of San Luis Obispo to Cynthia P. Faeh of certain real property as set forth
in Ordinance No. 373 (New Series) was passed and adopted on motion of D.M.Carpenter,
seconded by Frank V.Woods upon the following roll call vote;
Ayes: D.M.Carpenter, Paul W.Davis, Fred Lucksinger, Timothy I.O'Reilly, Frank V.Woods
Noes: None
Absent:'None
Resolution No. 1159 (New Series) - A Resolution declaring a certain portion
of Mill Street to be a Loading zone was passed and adopted on motion of Frank V.Woods,
seconded by D.M.Carpenter upon the following roll call vote:
Ayes: D.M.Carpenter, Paul W.Davis, Fred Lucksinger, Timothy I. O'Reilly, Frank V.Woods
Noes: None
Absent: None
Resolution No. 1160 (New Series) - A Resolution consenting to the Transfer
and Assignment of the Bus Franchise granted by Ordinance No. 224 (New Series) was passed
and adopted on motion of Frank V.'Vvoods, seconded by Timothy I; O'Reilly up &n the follow-
ing roll call vote:
Ayes: D.M.Carpenter, Paul W.Davis, Fred Lucksinger, Timothy I.0'Reilly, Frank V.Woods
Noes: None
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Resolution No...1161 (New. Series) -- -A Resolution providing for Execution of
Agreement with Sam Stiefel refarding sewer -farm acreage was passed and adopted on-motion
of D.M.Carpenter, seconded.by.Timothy I. O'Reilly upon the following roll call vote:
Ayes: D:M.Carpenter, Paul W.Davis, Fred Lucksinger, Timothy I. O'Reilly,
Noes: Frank V.Woods
Absent: None
City Attorney, George Andre, filed the following letter and requested it be
entered in the record of the proceedings under this date:
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November 17, 1952 "
The City Council,
San Luis Obispo,Calif,
Gentlemen:
Regarding the proposal made �o you in his letter, dated Sept. 25, 1952_,
by Mr. Sam Stiefel for the extension to 1963 of his existng agreement with
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the City of San Luis Obispo concerning the occupation and use of the city -
owned sewer farm acreage, it is my opinion that in view of the requirements
of subdivision 36 of Section 45 of the Charter of the City of SanLuis .
Obispo such an extension of six years would not be legally binding upon the City
unless said extension of time was made at public auction to the highest -
responsible bidder, after publication of notice thereof for at least one week,
stating explicitly the time and.conditions of the proposed agreement.
It is my opinion that unless this latter procedure is followed any future
city council might contend successfully, in or out of court, that the agreement
was not legally effective and that the City was at liberty at any time to take
the use of the land away from Mr. Stiefel.
By the same token should it ever be necessary for the City to bring action in
Court to enforce the terms of the agreement against "Ir. Stiefel he might be able
to defend against the Court action on the basis that the -cottract was not a
legally binding one.
Therefore, it is my legal recommendation, made in my capacity as City Attorney,
that the procedure -set forth in Section 45, subdivision 36, of the Charter of
the City of San Luis Obispo, be followed; thereby insuring the legality of
both parties' interests in the agreement.
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Very truly yours,
George L. Andre, City Attorney. °
Final passage of,
Ordinance No. 374 (New Series) - An Ordinance reclassifying as C -2 certain real
property in the City of San Luis Obispo and,
Ordinance No. 375 (New Series) - An Ordinance of the Council of the City of
San Luis Obispo establishing setback lines along both sides of Foothill Blvd., etc. was
finally passed on motion of D.M.Carpenter, seconded by Frank V.Woods upon the following
roll call vote:
Ayes: D. M.Carpenter, Paul W.Davis, Fred Lucksinger, Timothy I. 0' Reilly, Frank V; Woods
Noes: None
Absent: None
The Councilagreed to pay one -half the installation costfor traffic Signal lights
at Santa Rosa and Foothill Blvd. if the Division of Highway Traffic survey, to be con-
ducted, warrants it.
The Council agreed to extend the delivery date to December 1, 1952, if required,
on delivery of police cars purchased from E.H.Thresh, Inc.
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Old Business
Bommunication from Divn. of Highways requesting cancellation of taxes on parcel of property
acquired for highway purposes was granted by Council on motion of D.M.Carpenter, seconded
by Timothy I.C'Reilly.
Comm from Lloyd Noble petitioning for refund on taxi license was again held over.
Comm. from County librarian requesting loading zone ih the 1000 block Monterey St. was
denied on motion of Frank V.Woods, seconded by D.M. Carpenter.
Comm. f om S.L.O. churches Re: Xmas parade was granted on motion of Frank V.Woods,
seconded by D.M.Carpenter.
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