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HomeMy WebLinkAbout04/15/19571 1 1 1 9i . which will be presented to the City Council for approval on April 15, 1957. Mr. Nelson protested to the City Council the method in which the assessment was levied on the property below the main district, both as to acreage charge and line charge of their assessment. Mr. Richard Miller, Administrative Officer, reported to the City Council regarding certain statements made by opponents of the Whale Rock Bond Issue regarding certain illegal transfers of money within the City's financial structure. Mr. Miller explained the methods used for the transfers of funds in order to complete the large capital improvement program, which was carried out for the water department. All the transfers are legal and the City's books are in excellent order. On motion of Kenneth W. Jones, seconded by Nels Beck, the meeting adjourned. Approved this day of 1957. ity' e r k APRIL 15, 1957 - 7:30 P.M. - City Hall The City Council met in regular session with mayor Fred H. Lucksinger presiding. Pledge Roll Call Present: Nels Beck, Lowell E. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger i' Absent: None minutes of the meeting of April 1, 1957 were approved as presented. he claims against the City for the month of April, 1957 were ordered paid, subject o the approval of the Administrative Officer, on motion of Kenneth W. Jones, seconded y Lowell E. Christie. COM6'iUNICATIONS . Comm. from Richard D. Miller, Administrative Officer, regarding transfers from .nbudgeted reserve to various fund accounts. esolution No. 194 (1957 Series) A Resolution Increasing the 1956 -57 Budget was passed nd adopted on motion of Warren G. Edwards, seconded by Nels Beck by the following roll all vote: YES: Nels Beck, Lowell E. Christie, ?Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger OES: None BSENT: None Comm. from Martin Polin regarding directional signs for his trailer court at Old )rro Road and Foothill Blvd. was referred to the Traffic Committee on motion of Nels Eck, seconded by Warren G. Edwards. . Comm. from Morro Bay Veterans of Foreign Wars Post regarding permission to use the ifle range in the basement of the City Hall was held over until the schedule was complete �. or the local clubs. 'Ir. Richard D. Miller or Mr. J. H. Fitzpatrick is to meet with the club representatives Dn Monday, April 22, 1957, in the basement of the City Hall. Dn motion of Kenneth ZW..Jones, seconded by Lowell E. Christie, the request of the rifle :lubs for permission to put up a wall for safety precaution was approved. +. Comm. from Division of Highways regarding the placing of signs directing traffic Prom U. S. Highway 101 to Mission San Luis Obispo was ordered received and filed on , notion of Kenneth W. Jones, seconded by Lowell E. Christie. 5. Comm. from Pacific Gas and Electric Company regarding the closure and abandonment of Walker Street by the City of San Luis Obispo was ordered received and filed and the City Clerk was instructed to communicate with Pacific Gas and Electric Company and state that there are no plans for abandoning any part of Walker Street by the City at the present time. 6. Comm. from Department of Public V:orks, State of California, requesting support by the City of San Luis Obispo on a Senate Resolution requesting the Department to undertake a study to provide a basis for an overall plan of freeways in the State of California, was ordered held over. 7. Comm. from the Music Department of California State Polytechnic College requesting permission to hold a concert in Mitchell Park on May 26, 1957 at 3:30 P.M. was granted on motion of Kenneth `,^T. Jones, seconded by Lowell E. Christie and.would be coordinated ' -'✓ with the Police Dept. and Park Dept. In accordance with the provisions of Section 6100.8 of the Municipal Code, the following application for room and boarding house from Ruth Lovell at 1617 Santa Rosa Street is presented for Council consideration. This request of Ruth Lovell for boarding house license was ordered held over. The claim of Frances P. Holdredge for alleged damages to her property at 16412 Mill Street was referred to the insurance carrier. Minutes of Chamber of Commerce Board Meeting of March 11, 1957 and Financial Report for �o month of March, 1957, was ordered received and filed on motion of Kenneth 11. Jones, seconded by Lowell E. Christie. For Council information, copies of letters from Harvey 0. Banks, Director of Water Resource; State of Californ3,4to Board of Directors of County Water Works, District No. 8; Morro Rock View Mutual Water Company; and Paso Robles Beach Mutual Water Association, were ordered received and filed. .INionthly activity report for March, 1957 from City Fire Department was ordered received and filed on motion of Kenneth W. Jones, seconded by Nels Beck. For Council information, notice of hearing of Avila Water Company for increase of rates for water services was ordered received and filed on motion of Kenneth W. Jones, i8S seconded by Lowell E. Christie, and copy to be mailed to Mr. Price Thompson, 'Plater Superintendent. On motion of Kenneth W. Jones, seconded by Lowell E. Christie, copy of State Water Resource, Board Bulletin No. 18, Copy 33 was ordered received and filed. Request of Pacific Gas and Electric Company for agreement for free use of Pacific Gas and Electric Company poles for the City fire alarm system was referred to the City_ Attorney for review and report to the Council. The request of Chief Schlobohm for permission of Captain Melvin L. Jones to attend the s Fourth Annual Fire Training Officers' Workshop at Fresno on May 13th to 17th, 1957, in- clusive, was approved on recommendation of Works-hop Richard D. Miller, Administrative Officer. Resignation of John Laursen as Parking Meter Repairman, effective May 1, 1957 was accepted with regret on motion of Nels Beck, seconded by Warren G. Edwards. Introduction of Resolution No. 195,(1957 Series) A Resolution Increasing the 1956 -57 Budget was passed and adopted on motion of Kenneth W. Jones, seconded by Lowell E. Christie by the following roll call vote: AYES: Nels Beck, Lowell F. Christie, Warren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None Petition from residents adjoining the city limits at Laurel Lane and.Qrcutt Road for annexation to the City was referred to Mr. Don Johnson, Planning Department for preparation of schedule for annexation. The matter of discontinuance of the water service to this property was ordered held over until determination of annexation was completed. i,ir. Johnson is to re_nort to the Council at the regular meeting of May 6, 1957 regarding status of annexation to the City. At this time Mayor Lucksinger declared the public hearing as advertised in the notice to r property owners regarding the Johnson Street Sewer District Project S -56 -1. Mayor Lucksinger introduced NIr. George Pearson, Consulting Engineer and Designing..,Engineer for the pr6ject. Mr. Pearson then explained the district boundaries, the matter of construction, the purposes of the district, the cost, and speed for assessment. Mr. Harold Blake, Attorney for the district explained the basis of assessment and the various procedures and steps necessary for the establishment of the assessment district. At this time, the City Clerk reported to the City Council on the bids opened and received for construction of the sewer assessment district as follows: 1. McGuire and Hester Oakland, California $ 224,377.45 2. Vallev Engineers, Inc. Fresno, California $ 135,377.$5 3. Ventura Pipeline Construction Co. Ventura, California $ 178,242.10 4. W. M. Lyles Company Avenal, California $ 205,414.11 5. Jackson - Hopkins Co., Inc. Bakersfield, California $ 143,079.10 6. Popovich and Nikcevich w 228,394.65 7. Bob Bosnyak Los Angeles, California $ 1842465.30 8. L. E. Webb Santa Maria, California $ 1702640.05 The City Clerk then read the following protests, which had been filed with him prior to the meeting as advertised: Albert Nelson J. J. Silva Mary Lucas Catholic Church Arthur Kentel Helen Keller Carol Griffiths Eugene A. Mead Mrs. Pete Cognaci George Croker Carl Haahjen Frank Overman J. B. Popnoe Virginia Singleton, M. D. Dorothy Ratliff Wesley Unfried Carlos Moerman Billie 0. Lee William Souza K 1 1 n 93 orley Frye, property owner, protested the inclusion of his property in the district as e uses his property only for pasturing of live stock. 'i r. Nelson, again appeared before the City Council stating that Mr. G. H. Hamlin, former ity Engineer, told him that i�,hen this property was taken in the district, the property wners would only have to pay for a 6 inch line and that the City would pay the difference \1; or larger mains. (' here being no further comments or protests from the South Street portion of the Johnson venue District, Mayor Lucksinger closed this portion of the hearing and stated that the ouncil would study these protests in detail and would notify the attorneys for the roperty owners of Study sessions to be held on this matter. ayor Lucksinger at this time declared the hearing open for the main Johnson Avenue District. ;. r. Ray Wherrit asked questions regarding transmission costs and whether he would have to ay collection costs. Mr. Wherrit was told that his charge was only for transmission ains as he already had a collection system. �! Mr. Jack Katzel, Attorney, representing Helen Keller, protested the inclusion of the Keller property in the district for collection charges as in December of 1956, Mrs. Keller ' installed a complete collection system for her four lots on Johnson Avenue and does not i. believe she should pay additional collection charges. Mr. Pearson, Engineer, recommended to the Council that the collection charges for the Keller property be eliminated as the sewer system installed on her property was adequate. Mr. Beckwith stated he was for the district, but wanted to know that, if, after paying \, the assessment, how soon could he hook up to the system? Mr. Francis McNamara, Realtor, stated that the land on South Street is much more expensive Phan the land above Johnson Avenue, as it costs two to three times as much to purchase as the Johnson Avenue properties. He believed that the people along South Street should pay their share of the sewer line. ) Mrs. Griffiths protested the excessive assessment on her land due to the fact that portions of her property are very steep and are cut up with gullies and creeks and that it would Ibe almost impossible to develop. Lh r. Eisert, 3015 Flora Street, asked for clarification on costs for areas and for pipe costs. 1 7 1 VIr. Don n. Miller, asked for information regarding the hooking up to the system after Lnclusion in the district. ors. Maher of Johnson Avenue, asked whether her property would be assessed on Flora Street or Johnson Avenue. Ivlr. Pearson, Engineer, answered that she would be hooked up on the sewer on the interception coming down to Johnson Avenue from Flora Street. Mr. Ken Swartz, representing Goldtree Homes Tract, protested the method of assessing the various properties in the Tract on an area basis. As each property owner could only make use of his property with a single dwelling and while it was true that some of the lots were larger than others, it was difficult to understand why adjoining neighbors paid from $38 to $90 per lot for the same district. He requested that all the assessments in the district be on an equitable basis per property. He further asked that the present interception lines installed by the Goldtree Homes Tract for their collection system be taken by the district and credit given to all the owners in the tract. Peter Andre, Attorney, representing Mr. Tomasini, protested the assessment on his land, stating that the City should pay for all sewer extensions in the City as the people pay their taxes for this service. Y Miles Fitzgerald, Attorney, asked the Council if property owners would be notified if any charges were made in the assessment of the various parcels of land. For example, if the Nelson protest was upheld, would the balance of tha district pick up the difference in the assessment? Mr. Blake, Attorney, answered that each property owner would be notified if any charges were made. At this time the Mayor declared the hearing; open to anyone who wished to address the Council from the floor regarding the Johnson Avenue Et Al Sewer District. \�1 Mr. Stan Nelson, representing Albert Nelson, reiterated the statements in the protest of Albert Nelson and asked' that the South Street portion of the district be considered as a separate district and not be included in the Johnson Avenue district. 1 Peter Andre, Attorney, representing Mary Lucas,.stated that he wished to agree with Mr. Nelson in that the South Street area should be considered as a separate district and any cost for lines over 6 inches should be born by the City and not by the property owners. He further stated the assessments were unreasonable and arbitrary. y\ Timothy I. O'Reilly, representing the Catholic Cemetar,r, protested the assessments on the basis that the cemetary had no use for a sewer system. Paul W. Davis, Attorney, representing Arthur Kentel, protested the inclusion in the district of the Kentel property on the basis that in 1950 the City required that this property owner install a pressure system to the South Street sewer line and again six months ago required Mr. Kentel to again increase his sewer capacity with the inclusion \r of a ressure system for removing sewage from his property. These improvements cost over 3000 and Mr. Davis stated that the Kentel property is adequately sewered at the present time and requested that his client be eliminated from the district. iMartin Polin, Attorney for J. J. Silva Et Al, protested the inclusion of the South Street ' iarea with the Johnson Avenue district and stated the South Street properties should be taken as a separate district. orley Frye, property owner, protested the inclusion of his property in the district as e uses his property only for pasturing of live stock. 'i r. Nelson, again appeared before the City Council stating that Mr. G. H. Hamlin, former ity Engineer, told him that i�,hen this property was taken in the district, the property wners would only have to pay for a 6 inch line and that the City would pay the difference \1; or larger mains. (' here being no further comments or protests from the South Street portion of the Johnson venue District, Mayor Lucksinger closed this portion of the hearing and stated that the ouncil would study these protests in detail and would notify the attorneys for the roperty owners of Study sessions to be held on this matter. ayor Lucksinger at this time declared the hearing open for the main Johnson Avenue District. ;. r. Ray Wherrit asked questions regarding transmission costs and whether he would have to ay collection costs. Mr. Wherrit was told that his charge was only for transmission ains as he already had a collection system. �! Mr. Jack Katzel, Attorney, representing Helen Keller, protested the inclusion of the Keller property in the district for collection charges as in December of 1956, Mrs. Keller ' installed a complete collection system for her four lots on Johnson Avenue and does not i. believe she should pay additional collection charges. Mr. Pearson, Engineer, recommended to the Council that the collection charges for the Keller property be eliminated as the sewer system installed on her property was adequate. Mr. Beckwith stated he was for the district, but wanted to know that, if, after paying \, the assessment, how soon could he hook up to the system? Mr. Francis McNamara, Realtor, stated that the land on South Street is much more expensive Phan the land above Johnson Avenue, as it costs two to three times as much to purchase as the Johnson Avenue properties. He believed that the people along South Street should pay their share of the sewer line. ) Mrs. Griffiths protested the excessive assessment on her land due to the fact that portions of her property are very steep and are cut up with gullies and creeks and that it would Ibe almost impossible to develop. Lh r. Eisert, 3015 Flora Street, asked for clarification on costs for areas and for pipe costs. 1 7 1 VIr. Don n. Miller, asked for information regarding the hooking up to the system after Lnclusion in the district. ors. Maher of Johnson Avenue, asked whether her property would be assessed on Flora Street or Johnson Avenue. Ivlr. Pearson, Engineer, answered that she would be hooked up on the sewer on the interception coming down to Johnson Avenue from Flora Street. Mr. Ken Swartz, representing Goldtree Homes Tract, protested the method of assessing the various properties in the Tract on an area basis. As each property owner could only make use of his property with a single dwelling and while it was true that some of the lots were larger than others, it was difficult to understand why adjoining neighbors paid from $38 to $90 per lot for the same district. He requested that all the assessments in the district be on an equitable basis per property. He further asked that the present interception lines installed by the Goldtree Homes Tract for their collection system be taken by the district and credit given to all the owners in the tract. Peter Andre, Attorney, representing Mr. Tomasini, protested the assessment on his land, stating that the City should pay for all sewer extensions in the City as the people pay their taxes for this service. Y Miles Fitzgerald, Attorney, asked the Council if property owners would be notified if any charges were made in the assessment of the various parcels of land. For example, if the Nelson protest was upheld, would the balance of tha district pick up the difference in the assessment? Mr. Blake, Attorney, answered that each property owner would be notified if any charges were made.