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11/16/19531 1 1 SPECIAL CALLED Mr,EPING Monday, Novemver 9, 1953'- 5 :30 P.M. The City Council met in Special Session; Mayor Fred H.Lucksinger presiding. Present: gels Beck, Richard E.Gragg, Kenneth W. Jones, Fred H.Lucksinger Absent: Paul W.Davi.s The purpose of this meeting was to request authority to advertise for bids for disposal of the pound truck. The City Clerk was authorized toadvertise for bids on purchase of "Pound car" bids to be opened on November 23rd at 8 P.M., minimum bid- t 325.00. The recommendation of Richard E.Gragg, inregard to whether or'not a city license should be paid by Dr. Whitman, a veterinarian, outside the -city limits, was accepted by common consent of the Council. IOn the present basis, he would not have to pay inthe future,but it was agreed that Councilman Richard E.Gragg, should have authority to carry out his suggested compromise, (whereby Dr.Whit)�an would waive refund of past license taxespaid. On motion of Kenneth W.Jones, secondedby Richard L.Gragg, the meeting adjourned.- Approved this /&," day of qty Clerk City Hall, Monday November 16, 1953- 7:30 P.M. The City Council met in regular session; Mayor Fred H.Lucksinger presiding. Present: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones,Fred H.Lucksinger Absent: None Personal Appearances Bob Bladridge , representing the Barbels Union Re: fee for barber shoo. Timothy I.O'ReilIZ, Attorney, referred to the wording of Sec-13 of Proposed License Ordinance, re: Auditing and confidential nature of statement of licensee. Presented a suggested wording of Sec. 13 re: protection of licensee returns; (2) Also, protecting the assessing of a licensee on gross receipts from business done outside the city of San Luis Obispo, as wholesalers are required to procure licenses in each cityand county that they do business; (3) also, wanted; consideration for businesses doing several types of businesses at the same location allrelated, yet not under one roof. Re: This':-�being the time set for conducting the Public Auction of the lease of the Laguna Property as per advertised Notice. In competitive bidding from Richard Harris -:, Les Stock and Ernest Dalidio, for a one, two or three year lease, the highestbid was submitted by Ernest Dalidio for a three year lease in the amount of $6500. On motion of Paul W.Davis, seconded by Nels Beck, it was moved that the lease be awarded to Ernest Dalidio for a period of three years at a mouthy rental of $180.551, payable yearly in advance, and that the Mayor and City Clerk be authorized tosign the Agreement. Motion carried. 5S 601 Ordinance N6. 3$9 (New Series) - An Ordinance providing for the Lease of certain real property by the City of San Luis Obispo do Ernest Dalidio was introduced and passed to prin on motion of Paul W.Davis, seconded by Kenneth W.Jones upon the following roll call vote: Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W. Jones, Fred H.Lucksinger Noes: None Absent: Nave Mel Woods, District Manager of the P.G.& E., protested License tax on utilities, as it consists of double taxation, when the Utility Co. alreadypays a franchise based on gross receipts. R. M. Webbel , Richfield Gil Co:. representative; W.E.Stewart, of Texaco Oil Co.; J.B.Dewar, Norwalk Oil Co.; H.R. Twitchell, of Seaside Gil Cc; C.R.Farrar, of Genaral Petroleum Co.; D.H. 'Webster, Associated Oi1Col, protested the license tax onstandby trucks, as only one truck is used inthe city for deliveries; the extra truck is only used for breakdowns, etc. , Also, proposed that alicense fee of $25.00 per truck woould be fair and equitable; also, requested that the small pickup trucks not be required to be licensed as they were used very seldom:. for business. F.A.Anderson, Municial Business License Tax Assn. also protested the license fee of x"50.00 per year, for mil industry, stating that the tags had no relation to the amount of gross recints of the business. He requested that $25.00 would be the proper tax. miso asked for clarification of section 30 "Delivery Service ". Ted Greenall of the Monterey P°arket, a member of the City Business License Tax `'ommittee, protested the equitability of some business being on gross receipts and higher income groups on a flat rate fee, particularly, the flat rate onprofessional people. He claimed dis- husiness , crimination between. men_ and professional people. r. Johnson Manager of the Becker Feed and Seed Co. requested clarification of Sec. 22 , re: Feed and Fuel, stated present ordinance unjust to fuel company. H. V. Dittlevson, of the San Luis Meat Co. requested adjustment of fee in sec. 33, $75.00 per truck. Larry Laurent., of Campbells Refrig. Co. protested that the fee in sec. 48 was too low, should be higher to protect local merchants. Mr. Webster Attorney, representing blest Coast Homes, Inc. reported to Council of status , of L.B.Nelson, Contractor, of Parkview Homes, which was taken over by the creditors,- he Masked if the City Council of San Luis Obispo would accept the tract for the city. F.H.A. has accepted the tract, contingent on acceptance by the City. All that remains to be done is boundary markers and survey monuments and one street drain to be corrected, and arrangements have been made to have this taken care of immediately. W.C. Rise, Attorney, representing some of the creditors of the West Coast Homes, Inc. asked that the City Council accept the tract for the city. City Engineer, Homer Hamlin, recommended to the Council that the tract be accepted by the city, contingent upon correction of one street drain and the placing of boundary markers ' and survey monuments. Motion was made by Paul W.Davis, seconded by Kenneth W. Jones that the City accept the tract subject to payment of $4247.19 for sewer connections and a cash bond of $500 for correction of deficiencies. Mr. H.R. Nolte, President and Mr. John Forte, Director, of the West Coast Hoes, Inc. presented the city a check for $4247.10 for sewer connections and $500 for cash bond. 1 fI 1 1 1 Resolution No. 125$ (New Series) - A Resolution approving Final Map of Tract No. 76 was passed and adopted.on motion of Paul W.D:-vis, seconded by Kenneth W.Jones upon the following roll call vote: Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W. Jones, Fred H. Lucksinger Noes: None Absent: None Communication from Wm. Rooney Re: remove signs in front of the recreation build- ing was referred to the Traffic Committee for recommendation to the Council. Communication from the Recreation Commission Re: "Santa Rosa Park Homes" was referred to q committee of Executive Secy.Richard Miller, City Attorney George Andre and City Clerk, J.H. Fitzpatrick, for investigationand report to Council at the next meeting. James Anderson , Manager of the Anderson Hotel, appeared before the Council relative to noise made by adjoining bar and garbage collectors, asking the Council for some relief be given his business. The City Attorney presented a legal opinion, extract of opinion as follows: "Regarding the matter of the City's obligations concerning the prevention of noises in the vicinity of the Anderson Hotel, it .is my opinion that unless the noises are of such nature as to constitute a criminal disturbance of the peaee, as set forth in Section 415 of the Penal Code of the State of California, the City has no legal grounds upon which such noises can be stopped." nr. George Andre stated he also spoke to the owner of the San Luis Garbage Co. and that t romised they would make later collections and also, bar employees be more quiet. Acting Police Chief, L.Elsea, also reported that they have made the adjoining s close their doors and lower the volume on the juke boxes, also, the police patrol can inspect this area at bar closing time. 1r. Anderson requested a copy of legal opinion and copy of the Garbage Co. ffanchise. yor Lucksinger instructed the City Clerk to see that Mr. Anderson gets.a cony of same. Minutes of the meeting of Nov. 2, 1953 and Special I'leeting of Nov.9th, 1953 re approved: Claims against the City for the month of November were ordered paid subject to the val of the respective heads of the departments and the Mayor. On motion of Paul W.Davis, seconded by Nels Beck the following contract payments re ordered paid: .Madonna - FOOTHILL BLVD. STREET IMP. #17 - Est. #2 - 161023.60 .M. Lyles Co. - WATERLINE REPLACEMENTS " #1 225.31 aino Construction Co. - SEWAGE WORKS ENLARGEMENT Est. #10 393.16 " it " " ( Final) " 11 9,571.61 alter i.3chmid - CHORRO ST. BRIDGE WIDENING - #3 33774.13 City Engineer, Homer Hamlin recommended to the Council that the city accept as plete, the Sewage Enlargement Project #7251, Contractor, Maino Construction Co., as he project is now completed. Resolution No. 1259 (New Series) - A Resolution accepting Final completion of ewage Works Enlargement Project 7251 was passed and adopted on motion of Paul W.Davis, econded by Fred H.Lucksinger upon the following roll call vote: yes: Nels Beck, Paul W.Davis,Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger oes: None bsent: None The City Clerk reported that only one bid was rsceived on the city's Liability 61 s9. 62 Insurance, Farmers Insurance Group- Truck Insurance Exchange, .. from Dec.4, 1953 to Dec. 4, 1954 - $ 7,352.94 Awarding of the bid was held over until the next meeting. Resolution No. 1260 (New Series) - A Resolution of Policy regarding Costsqof Sub- division Off -Site Inspection was passed and adopted on motion of Nets Beck, seconded by Kenneth W.Jones upon the following roll call vote: Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger Noes: None Absent: None The City Clerk was autnorized to call for Informal Bids on Gasoline and Oil re- quirements for the city for the year 1954 on motion of Kenneth W.Jones, seconded by Richard E.Gragg. On motion of Paul W.Davis, seconded by Nels Beck it was moved that the Mayor be authorized to sign the Agreement with John C.Luthin °pater Utility Engineer, for water department survey. Resolution No. 1261 (New Series)- A Resolution providing for the execution by the City of San Luis Obispo of an Agreement with John C.Luthin was passed and adopted on motion of Paul W.Davis, seconded by Nels Beck upon the following roll call vote: Ayes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger, Noes: None Absent: None Communications : Comm. from the Chamber of Commerce Re: Proposed project, known as "Operation Location " - the request was granted on motion of Paul W.Davis, seconded by Nels Beck and the City Clerk was instructed to write letter congratulating the Jr. Chamber of Commerce on a fine civic project. Communicati:)n from Nearly New Furn. Co. requesting permission to move his business to 1302 Osos St. was granted on motion of Nels Beck, seconded by Paul W.Davis. The communication from the San Luis Obispo Historical Society relative to water bill being paid by the organization was referred to Mr. Nels Beck and Mr. Richard Miller to report back to the Council. Communication from the S.L.O. City Schools Re: abandonment of certain pieces of pro- perty was referred to the City Attorney for report to the Council at the meeting of Dec. 72 1953. Comm. from Wm. T.Hight, Police Officer, Re: approval of Council of S.-L.O. Police Officer's By -Laws was referred to Nels Beck for report to the Council on motion of Paul W.Davis, seconded by Kenneth W.Jones. The request of the Police Officer's Assn. to sponsor a dance at the Veterqns Hall on Nov. 28th was granted on motionof Kenneth W.Jones, seconded by Nels Beck. Re: Communication from John and Edward Silva requesting the City to install "Stop Sign" at the corner of Beebee and South Streets was referred to the Traffic Committee for investigation and report to the Council on motion of Kenneth W.Jones, seconded by PaulW.Davis, Communication from Jos. A. Bonacina,Attorney from San Jose Re: invitation to the City of San Luis Obispo to become a member of the National Institute of Municipal Law Officers was referred to the City Attorney to contact the League of Calif. Cities on benefits to r1 the city, on motion of Paul W.Davis, seconded by Kenneth W.Jones. 1 1 7 1 1 1 L r Communicationfrom Wm. S.Wall, and from Edwin P.Van Leuven Re: protest bill for burning lots was referred to a committee consisting of Richard Miller, Ex. Secy. and City Clerk J.H.Fitzpatrick for investigation and report to the Council on motion of Paul W.Davis, seconded by Fred H.Lucksinger. Application before the Public Utilities Commission Re: JOHN TUTSIE, dba "Green Bus Service" was ordered received and filed. Comm.from the State of California Re: permit for fluoridation was ordered received andfiled on motion of Paul W.Davis, seoonded by Kenneth 'd. Jones. Comm. from the League of Calif: Cities was ordered received and filed. On motion of Kenneth W.Jones, seconded by Paul W.Davis the City Clerk was authorized to advertise for bids on "FLUORIDATICN EQUIPMENT " -- bids to be opened at 2 P.M. in the office of the City Clerk on December 21, 1953• Specifications as prepared by G.H.Hamlin, to be used. Regarding the application of Alcoholic Beverage License for Lurelia & Manuel J. Ballesteros, the consensus of opinion of the Council had no objection to issuance of the license by the State of California. The recommendationof the Traffic Committee Re: 15 minute parking zone at 346 Higuera Street was adopted on motion of Paul W.DDvis, seconded by Richard E.Gragg, as was also the request for loading zone in front of the Farm Bureau and the City Clerk was instructed to write a letter to each petitinner. The following reports were ordered received and filed: City Clerk's report for the month of Oct. 1953 City Collector's " rr rr it rr Police Dept. Building Inspector's 'r rr rr On motion of Nels Beck, seconded by Fred Lucksinger the salarystep increase for Leland Adams, Police Officer, from Step #1 to Step #2, at ;284.00 per month was approved. On motion of Paul W.Davis, seconded by Richard E.Gragg, the salary step increase for Richard Campbell, meter reader, from step #1 to step #2 at $254.00 per month was approved. On motion of Richard E.Gragg, seconded by Nels Beck, and upon recommendation of the Park and Recreation Commission, the hourly rate of pay for Raymond Stillwell, recreation leader, was increased from rate A- $1.25 per hr. to rate B - $1.35 per hour. Eminent Domain Proceedings brought inthe Superior Court by the San Luis Obispo School Disttict as Plaintiff vs John H.Bowen, etc. incl. City of San Luis Obispo was referred to the City Attorney for action on motion of Kenneth W.Jones, seconded by Paul W.Davis. "pnlication for City License and$200 cash bond received from Richard G. Keller, dba "Dick Keller Used Cars" at 1165 Monterey St. was approved on motion of Paul W. Davis, seconded by Kenneth W.Jones. The application of Leonard Lenger for registration as a Class "D" Contractor, to- gether with Hartford Accident and Ins. Co. bond in the amount of$1000 and registration fee of ;x25.00 received and on motion of Paul W.Davis, seconded by Nels Beck, it was ordered that the surety be accepted, bond approved and registration granted. Old Busine ss Re: Communication from S.L.O. Garbage Co. relative to rates was held over. Comm. from Cal Poly College Re: abandonment of a portion of Foothill Blvd. was referr to the City Attorney, Re: Comm. from Citizens "Off- Street" Parking Committee was held over. Re: Council's consideration of releasing city property on French Road: On motion of 6� Paul W.Davis seconded b Richard L.Gr it was moved that the City of San Luis Obis sell , Y �gg, Y P� , t Public Auction, that certain real property described as parcel 1 and parcel 2 in opraisal Report prepared by L.W. Kamm and M.W.Fitzgerald dated October 15, 1953, for a inimurp bid of $4250-CO subject to Agreement with purchaser that the property purchased ill not be used for rock pit or dump Oh motion of Kenneth V'.Jones, seconded by Nels Beck it was moved that the preceding tion be amended to add, "that the property would be sold, subject to being annexed to the ty of San Luis Obispo ". Mayor Lucksinger called for roll call vote on the motion as amended: yes: Nels Beck, Kenneth 6V.Jones, Fred H.Lucksinger s: Paul 'w.Davis, Richard E.Gragg Mayor Lucksinger called for roll call vote on the original motion as amended: yes: Nels Beck, Kenneth W.Jones, Fred H.Lucksinger oes: Paul W.Davisr Richard E. Gragg Resolution No.1262 (New Series) - A Resolution authorizing,Agreement with John adgley to prepare Library Building Plans rues passed and adopted oh motionof Paul W. avis, seconded by Kenneth W.Jones upon the following roll call vote: : Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger oes: None bsent: None The request of Theo Maino for sewer line on Peach St. was held over. The communication from the State of California, Office of Civil Defanse was held over. Ordinance No. 388 (New Series) - Business License Ordinance was passed to print n motion of Kenneth W.Jones, seconded by Richard E.Gragg upon the following roll call vote: yes: Nels Beck, Paul W.Davis, Richard E.Gragg, Kenneth W.Jones, Fred H.Lucksinger oes: None bsent: None On motion of Nels Beck, seconded by Fred H.Lucksinger the meeting adjourned. pproved this day of � /��- City Clerk 0 f] �7� 1 7 1