HomeMy WebLinkAbout10/18/1956�IL
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Mayor Lucksinger stated to the people present that the City Council would make a decision
regarding the matter of an appeal on the PUC order in plenty of time before the October 22
deadline, set by the PUC, but the Council wanted the City Attorney to look into several
matters first regarding the appeal and that the people would be notified by the press of
the meeting time when the Council made their - decision.
On motion of Kenneth W. Jones, seconded by Warren G. Edwards, the meeting adjourned.
Approved this day o 1956.
Cit erk
SPECIAL CALLED MEETING - OCTOBER 18, 1956
7:00 P.M. - City Hall
The City Council met in Special Called Session with Mayor Fred H. Lucksinger presiding.
Roll Call:
Present: Lowell E. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger
Absent: Nels Beck
Comm. from R. W. Goodell, a resident of Johnson Avenue, stating a strong objection to any
appeal by the City to the Public Utilities Commission ruling concerning the Johnson Avenue
overpass. He believes that if such an appeal were made it would long delay any action on
construction of a new overpass. Mr. Goodell further stated that he had attended several
of the sessions of the PUC in San Luis Obispo and he felt that the City of San Luis Obispo
had made every effort to prevent any of the crossings from being closed but based on their
own investigation the commission ruled otherwise. Mr. Goodell stated that he had heard of
no new evidence which would cause the PUC to change their attitude. He also said that
without strong new evidence to support the city's stand an appeal would be futile, also tha
possibly an appeal may damage the major point of issue, the Johnson Avenue overpass which
serves and will serve a great number,of people.
At this time, the City Council continued the decision of the Public Utilities Commission
order which closed various crossings within the City of San Luis Obispo and ordered the
construction of the Johnson overpass.
Mr. Wm. Houser, City Attorney, reported to the City Council on the inquiries made by him,
and his telephone conversation with the following experts regarding the City's chances in
having an appeal considered on the closing of Osos St.
Mr. Butler, Special Engineer for the City of San Luis Obispo, said that he had checked on
the evidence presented at the hearings of the Public Utilities Commission and that he did
not believe that there was any new evidence available which would off -set the evidence
already presented at the hearings.
Mr. Wm. Houser stated he had contacted Mr. Cassidy, Counsel for the Public Utilities
Commission, who explained that in order to have a rehearing or an appeal to be successful
it must be based on strong new evidence by the city or on reversible errors committed by
the Public Utilities Commission and the hearing officer for the PUC.
Mr. Houser also contacted Mr. Daly, who is the examiner for the PUC, and in such capacity
was present in San Luis Obispo during the hearings regarding this case. Mr. Daly stated
that he was sure that even if the city appealed the decision, the commission would not all
it unless some radically new information was presented regarding the crossings.
Mr. Houser, City Attorney, advised the Council that no action be taken at this time as all
that would be gained would be the loss of time in starting the construction of the Johnson
Avenue overpass. He firmly believes that after talking with the various representatives of
the Public Utilities Commission, Southern Pacific and City consultants the city did not hav
sufficient grounds for an appeal.
On motion of Lowell E. Christie, seconded by Kenneth W. Jones, it was moved that no petitio
of an appeal be filed against the order of the PUC, by the following roll call vote:
AYES: Lowell E. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger
NOES: None
ABSENT: Nels Beck
Q�/p
Introduction of Resolution No. 136 (1956 Series) A Resolution of the City Council of the
City of San Luis Obispo Adopting Budget and Approving Memorandum of Agreement for Ex-
penditure of Funds Allocated Under Section 2107.5 of the Streets and Highways Code, was
passed and adopted on motion of Warren G. Edwards, seconded by Kenneth W. Jones, by the
following roll call vote:
AYES: Lowell F. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger
NOES: Drone
ABSENT: Nels Beck
Mr. Richard D. Miller, City Administrative Officer, stated that Seth G. Kinney, Building
Inspector, had requested permission to attend a building officials meeting for five days in
Palm Springs and he recommended the request of Mr. Kinney be granted. On motion of Kenneth
W. Jones, seconded by Warren G. Edwards, the recommendation of the City Administrative
Officer was adopted.
Mr. Richard D. Miller, City Administrative Officer, reported on the status of the request
of the Chamber of Commerce for help on the construction of a powerline for the Christmas
street light decorations. This was held over for further report from the Chamber of
Commerce.