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11/02/195354 City Hall, Monday, November 2, 1953 - 7 :30 P.M. The City Council met in regular session; Mayor Fred H. Lucksinger presiding. Present: Nels Beck, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger Absent: Paul W.Davis The minutes of the regular meeting of Oct. 5th, and Special meetings of Oct. 8th and Oct. 26th, 1953 were approved as read with the following corrections in the minutes of the Special Meeting of Oct. 26th, 1953, under "Contract payments" authorized, the follow- ing contract payment was approved but not shown in the minutes of Oct. 26, 1953: , A.Madonna - Foothill Blvd. Street Imp. #17- City Plan 767`53 -11" Estimate No. 1 - $ 21,02$.59 Claims against the city for the month of November were ordered paid, subject to the approval of the heads of the respective departments and the Mayor. Communications: 1. Communication from San Luis Garbage Co. Re: request for a change in rates was referred to a committee consisting of Nels Beck and Richard Gragg tostudy and report back to the Council with recommendations, on motion of Kenneth W.'Jones, seconded by Fred Lucksinger. Communicaticnfrom Dr. J. R. Whitman and Dr. R. B. Barsaleau relative to a refund on city license for "veterinary" as the hospital is located outside the city limits was read, and it was referred to the Commissioner of Finance for investigation and report. Communication from the San Luis County Farr. Bureau Re: loading zone at their warehouse door on lower Higuera St. was referred to the Traffic Committee for investigation and report. Communication from D.R.Lewetzow Re: request for a 15.minute parking zone at 346 Higuera St. was referred to the Traffic Committee for investigation and report. 1 Communication from the Shoreline Planning Assn. Re: Public Resources Code and Resolution attached for Council's consideration was referred to the City Attorney for recommendation. Communication from California State College Re: request for the abandonment of a certain section of Foothill Blvd. was referred to the City Engineer for investigation and report to the Council at the meeting of November 16,1953• Communication from Harold Bachman He: checks forfeited for non - performance of bid; on motion of Kenneth W.Jones, seconded by Nels Beck it was moved that the request for reim- bursement be denied and the City Clerk instructed towrite Mr. Bachman in regard to Council's decision. The resignation of Police Officer Eugene E.Miller was accepted on motion of Eels Beck, seconded by Kennet} W. Jones. Communication from the Controller, State of California, was ordered received and filed. Communicationfrom W. H. Brinkley, Navy Club, Re: request to show a mobile exhibit in the City of San Luis Obispo was referred to the Commissioner of Public Health and Safety, with power to act on motion of Kenneth W. Jones, seconded by Fred H. Lucksinger. Communication. from Delbert D.Sr -ith Re: form. to be completed relative to the Civil Defense, Division of Utilities, was referred to the Commissioner of Public Health and Safety, Nels Beck, Commissioner of Public Works, Paul W.Davis and City Engieer, Homer Hamlin for report. Communication from James L.anderson Re: recent complaint filed with the Council was ordered received and filed. The recommendation of the "Citizens Off- Street Parking Committee" Re: 12 minute 1 1 I 1 1 parking zones, was held over for further study by the Council, and Richard Miller to furnish each Councilman with copy of recommendations and maps. Re: Council's consideration of releasing city property on French Road was referred to a committee,- Paul W.Davis and Kenneth W. Jones, to report back to the Council with re- commendations. By common consent of the Council, Mr. Homer Hamlin, City Engineer, is to provide site information for Library Architect. The Proposal Contract, with the architect for the City Library building, as prepared by the City Attorney, was referred to the City Library Board for their approval and report to the Council at the meeting of November 16, 1953, Re: Report by the City Attorney relative to parking of trucks and storage on lot at Pacific and Carmel Streets: the city Attorney was instructed to check and get present dis- position of a lot at the above named streets relative to the parking and storage of trucks The request of the division of highways for cancellation of taxes on property acquired for highway purposes was approved on motion of Nels Beck, seconded by Richard E.Gragg. The report of the City Treasurer for the months of July, August and September, 1953 were ordered received and filed on motion of Richard E.Gragg, seconded by Nels Beck. Final Report for the improvement of Johnson Ave. from Bishop Street to Laurel Lane submitted by the City Engineer, was ordered received and filed on motion of Kenneth W. Jones, seconded by Richard E. Gragg. The following transfer of business licenses, and change of locations of businesses were granted on motion of Nels Beck, seconded by Richard L. Gragg, also, the City Collector is to see that all water bills have been paid before licenses are issued. Golden West Pool Hall - 676 Higuera St. transferred from James J. Phillips to Frank J. Cullen Signal Service Station - 751 Marsh St., from Rademacker Bros, to H. C. Mackie,A.L.Blair, Ray Hershey Empire Dist. Co. - 868 Upham St. - transferred from E.B.Lovell to Joe Simas Straders -.1131 Garden St. from C.R. Strader to Wm. J. Small Thomas Motors - 1255 Monterey St., transferred from Lionel C. Thomas to Fred H.Lucksinge Change of address of "Christine's" business to 869 Higuera St. Change of address of John C.Anderson, to 1137 Garden St. The application for city license from S.T.Hall to operate the San Luis Merchants Patrol Service was referred to Nels Beck, with power to act, on motion of Kenneth W. Jones, seconded by Richard E. Gragg. Minutes of the Planning Commission meetings of Oct. 15th and 16th, 1953 were ordered received and filed. On motion of Nels Beck,seconded by Richard R. Gragg, the step increase for Wm. T.Hight from step #2 to step #3 at $300 per monthwas approved. Re: Communication from the Pacific Gas and Electric Co. relative to trading property withthe city; on motion of Nels Beck, seconded by Kenneth 'W.Jones, it was moved that the City do not trade the city property at the sewer plant with the Pacific Gas and Electric Co. for their corporation yard as proposed. The City Clerk was instructed to write to the P. G & E. relative to the Council's decision. Permission_ was granted to correct the clerical errors on the Assessment Rolls, 1953 -54, on motion of Richard.E. Gragg, seconded by Kenneth W.Jones. On motion of Richard E. Gragg, seconded by Kenneth W. Jones, the City Clerk was authori to advertise for bids on city's liability insurance. On motion of Kenneth W. Jones, seconded by Nels Beck, the City Clerk was authorized to 55 136 advertise for bids on lease of City Laguna property. The resignation of John R. Haile, civil engineering associate, effective November 1, 1953, was accepted on motion of Kenneth W. Jones, seconded by Richard E. Gragg. On motion of Nels Beck, seconded by Kenneth W. Jones and with the verbal approval of P W.Davis, the appointment of Milton Buss as equipment operator, was approved by the Council, effective Nov; 4, 1953, step #1 at a salary of $254.00 per month. On notion of Nels Beck, seconded by Richard E. Gragg,'the appointment of Phyllis Gofvert, as intermediate steno- clerk, inthe Public Works Dept. effective Nov. 23, 1953 - step #13 $204.00 per month, was approved. Resolution No. 1257 (New Series) - 'A Resolution providing for "Stop Signs" and no thro..gh Street Signs was passed and adooted on motion of Richard E. Gragg, seconded by Kenneth W.Jones upon the following roll call vote: Ayes. Nels Beck, Richard E. Gragg, Kenneth W. Jones, Fred H. Lucksinger Noes: None Absent: Paul W. Davis At the request.of Nets Beck, Arthur Leister, is to be hired as a replacement for fireman going to the hospital, also to be used as a "relief man" so that any overtime owed to fire- men may be used up. The request was approved on motion of Nels Beck, seconded by Richard E.Gragg. Motion carried. At this time, R.J. Phillips requested that the Public Works Dept. start maintaining Santa Rosa St: from Upham St. to George Street. He stated that he had persorally cleaned the gutters and chopped the weeds on this street each year for the past three years. He stated that he had contacted the City Engineerts office to do this for three years, but no action was taken. Mr. Phillips also asked if there was any possibility of ad- justing the.timing on the "Stop Sign" at Marsh and Broad Streets, so that traffic on Broad Street would have more time to cross Marsh Street. Mr. Frank Cheda requested that the Council remove or trim a pepper tree at the south end of Peach Street as it covers the sidewalk and is very difficult to walk along there. He also requested that a light be placed at this corner as it is so dark, women are afraid to walk along this street. Mr. Cook of 672 Howard St. wanted to know what was the status of a petition from the residents of Howard Street for paving said street. Mr.Hamlin, City Engineer, stated this petition was in his hands for study. Mr. Hamlin was instructed to write Mr. Cook and let him know the city's action on this matter. The consideration of the Council on past due bills to: Mildred M. Tablin and Alfred Ferrini were referred to the City Attorney on motion of Nels Beck, seconded by Kenneth W. Jones. Old Business Re: Request of Mr. Maino for sewer line on Peach Street: As Councilman Paul W.Davis was absent, same was held over. Request from United States Dept. of Justice, for non -meter parking zones was ordered Ireceived and filed. On recommendation of Councilman Nels Beck and on motion of Nels Beck, seconded by (Richard E.Gragg, the application of Annabelle Warren for Card Table License was granted. The communication from 0. J. Gullickson Re: correspondence from State Office of Civil (Defense was held over. SECOND PUBLIC HEARING OF THE PROPOSED BUSINESS LIC!�NSE WAS HELD 1 1 1 1 1 Coull , of the French Hospital, asked if the gross receipts of the pharmacy at the hospital could be included in the gross receipts of the hospital, as the pharmacy only dispenses medicine and prescriptions to the patients in the hospital. Also, questioned the legality sliding scale of rate for doctors, namely; $25.00 a year for the first three years and $40.00 per year thereafter. - D.M.Galbraith , of Foster & Kleiser Co., protested a tax of 25 cents per linel foot of billboard or $100 per year, whichever is greater. Mr. Gailbraith requested that for equity sake, that outdoor advertising signs be placed on gross receipts. H. W. Dittlev: on, of San Luis Meat Co. protested $75.00 per year per vehicle as required in Section 33, also, he would like to license one vehicle but would like to send a different truck in town is possible on the one license. Timothy I. O'Reilly, Attorney, protested the language in the ordinance relative to the secrecy of the gross receipts returns as his clients wanted the ordinance to specifically spell out which city employee or officer could see or check the gross receipts statements. He also requested that the number of people who could inspect these returns be limited in number. Also, any periodic or spot audits made to enforce the ordinance should be done by an auditor from outside the city. P. A.Anderson , representing the Municipal License Tax Association agreed with Mr. O'Reilly as to the secrecy of the return. Also, he wanted to know if people in the oil business should include the taxes to the State and Federal government in their gross receipts. Mr. Anderson also, protested the extremely high rate for trucks coming in fromoutside the city, with no fixed place of business within the city at $75.00 per truck per year, he stated that all truckers pay a high tax for gas and for State Board of Equalization tax. He also requested thattracks distributir;g petroleum products be taxes the same whether they operate frominside or outside the city. At this time Mr. Anderson asked if any petroleum products distributors present had anything to add. Mr. Stewart, Texaco distributor, a consignee, Mr. J. Dewar, Norvjalkproducts, a distributor, and Mr.Waeble, Richfield Dis- tributor, a consignee, agreed with Mr Anderson that the tax should be per truck. Also, they asked for clarification of petroleum distributor and consignee agent. 4r. P.A.Anderson also protested the tax of $x.50 per $1000 on gross receipts of wholesale business, section 23. Also, that tax should be based only on business done within the city San Luis Obispo and not wholesale business done outside the city. G. F. Larbarge , of the Weber Baking Co. asked for clarification of the definition "Fixed Place of Business" as his company has a warehouse and office within the city. Mr. Larb.arge also claimed that the Weber Baking Co. pays property taxes in the city and county. This s untrue and after beiz3g told, agreed. He stated that he thought his company should pay on gross receipts, as does his local competitiors , rather than x'75.00 per truck per year. Merni Kershener , Golden State Co. discussed gross receipts of business done outside the corporate limits of the city and questioned the basis of collecting tax on business done outside the city. Kline Williams , of the Harmony Valley Creamery, asked for clarification of gross receipts in relation to milk delivered to the San Luis Obispo Plant and then reloaded into tank trucks for transfer to Los Angeles plant. He wanted to know if this would be carried in the gross receipts of the S.L.O. Plant. 57 5.81 P.A.Anderson requested that the rates on manufacturers be the same as wholesalers except for interstate commerce. He stated he also believed that the sliding scale onprofessional business was illegal. He suggested that their tax be based on income . Mr. J.Smith of A.Levy and J.Zentner,, protested the paying of taxes based on gross receipts for receipts made outside the city of San Luis Obispo. R.H. Peters, of Union Hdwe. Co. protested as "unfair'!, the gross receipts basis of the ordinance for establishing rate as profit percentage varies, also, the tax as proposed is punitive against the business listed in section 20. He protested that the small business pays more than its proper share and if their new rates go in effect, small business will lose out. Bob Baldridge Barber Union #767 protested the use of gross receipts as a fair way for taxing barber shops:, as the man with a one chair shopwill pay the same rate as a 5 chair shop. He requested that the license rate on barber shops be left as it now stands, in assessing a charge for each chair in the shop. R.J.Phillips , private citizen, asked for clarification of definition of "Fixed Place of Business" with reference to individuals who do a little amount of.work in their own home. W. W. Hart , motel operator, protested the bracket for small motel business in section 20 as a small operator with three or four units does not make $25,000 per year gross, He asked that some consideration be given the small business operator. Carl Brendlin, of Brendlin and Rice, asked.if section 27 on "Manufacturers" was to be changed and if so, what would the adjustment consist of. S. Laguina , Peerless Bakery, asked for clarification of business done outside the city. Jack Gooding , Manager of the Pacific Tel. and Tel. Co. protested the tax on utilities unless it was based on same rate as "manufacturers ". ' Mel Wood , of Pacific Gas and Electric Co. protested his company paying a business license on top of the present franchise they are now paying. Chas. Cattaneo_, San Luis Garbage Co. protested paying business license tax on top of present franchise. There being no further comments on the Proposed Ordinance, the Mayor told the assembly that the City Council would take all the complaints and comments and study them before the next meeting. Mr. O'Neil of the P.G & E. appeared before the Council requesting a right -of -way for po, +jer transmission line across city property at the Rancho Laguna. Mayor Lucksinger appointed the following committee to meet with the representatives of the P.G & E to study this request and bring back a recommendation to the Council. Councilman Paul 'W.Davis, Executive Secy. Richard D.Miller City Attorney, George Andre City Engineer, Homer Hamlin this committee to meet with the P.G & E representatives at 9 P.M., Tuesday, November 10, 1953. On motion of Nels Beck, seconded by Kenneth W.Jones, the meeting adjourned. Approved this 10 day of City