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HomeMy WebLinkAbout10/18/1956�IL 1 L 1 L X57 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.