HomeMy WebLinkAbout12/21/19641
REGULAR MEETING OF CITY COUNCIL
December 21, 1964 - 7:30 P. M.
CITY HALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
City Staff
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald O. Miller, Clell W. Whelchel
Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick,
City Clerk; W. M. Houser, City Attorney; R. D. Miller,
Administrative Officer; D. F, Romero, City Engineer;
W. Schofield, Police Chief; E. P. Thompson, Water
Superintendent; J. Wainscott, Fire Batallion Chief.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes
of November 16, 1964 were approved as read, and the minutes of December 7,
1964 were approved as corrected. They were corrected as follows:
Page 7, Item No. 17, should read: "Mr. R. L. Kuhler requested that his appeal,
etc..... ", instead of "Mr. R. L. Kuhler appeared before the City Council asking
that his appeal, etc......".
On motion of Councilman Whelchel, seconded by Councilman Graves, the claims
against the City for the month of December, 1964 were approved, subject to the
approval of the Administrative Officer.
1. J. H. Fitzpatrick, City Clerk, reported on bids received for construction
of Foothill Boulevard Widening - north side, City Plan No. 8 -65. The
bids were as follows:
Howie & Shelton $62158.55
Madonna Construction Company $6,990.00 .
Ted Watkins Construction Company $7,033.00
Burke Construction Company $7,100.00
City Engineer Romero recommended the low bid of Howie & Shelton and
stated that it was a good bid.
On motion of Councilman Miller, seconded by Councilman Graves, the bid
of Howie & Shelton was approved. Motion carried.
2. On motion of Councilman Graves,
seconded by Councilwoman
McNeil, the
requests from City
employees to
hold over their 1964 vacations
were
approved. Motion carried.
The
employees are as follows:
Kelly Dunahee
10
days
Ann Overfield
10
days
J. H. Fitzpatrick
14
days
D. F. Romero
6
days
Tom Gingg
10
days
Stan Sanson
10
days
Arthur Hird
5
days
Mary Smith
7
days
W. M. Houser
10
days
Val Soto
5
days
Douglas Howard
10
days
Leo Studle
10
days
Charlotte Horn
10
days
Milo Tappa
15
days
Chuck Jones
3
days
E. P. Thompson
14
days
Anthony Juarez
8
days
3. On motion of Councilman Graves, seconded by Councilman Whelchel, the
following resolution was introduced. Resolution No. 1362, a resolution
increasing the 1964 -65 Budget (Account No. 232, Advance, S. Higuera
Assessment District, increased by $4,000.00; Account No. 233, Garbage
Survey, added in the amount of $3,000; Account No. 234, Christmas
Lighting, added in the amount of $1,398.12).
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City Council Minutes
December 21, 1964
Page -2-
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
4. At this time the City Council considered the final passage of Ordinance
No. 298, an ordinance imposing a tax upon the privilege of transient
occupancy and providing for the collection thereof.
B. Board Order from the County Board of Supervisors regarding the four
percent (4 %) hotel -motel room tax.
C. Copy of ordinance by the City of Arroyo Grande imposing a tax on
hotels and motels.
D. Report from the League of California Cities on the cities and
counties that have adopted the hotel -motel room tax and a cross section
of uses that some cities are putting the money to.
W. M. Houser, City Attorney, explained that this ordinance is not subject
referendum or initiative as it is a revenue measure authorized by the
Legislature and is exempt from these provisions. He stated that our
Charter is very clear in referring to state initiative and referendum
provisions and in his opinion, made our proposed ordinance immune from
attack.
Mel Hahn, Don Motel, asked why was the Sign Ordinance stopped by
referendum and this Hotel -Motel Tax Ordinance is not subject to referendum.
City Attorney Houser again explained the immunity from referendum on tax
matters.
Bernie Dixon, Campus Motel, asked how was the money spent in the League
list that shows the tax being deposited into the general fund.
R. D. Miller, Administrative Officer, stated that without seeing their
budgets, it would be difficult to know how it would be spent.
Councilman Miller stated that as far as he was concerned, any funds
collected from this tax would be used for tourist promotion and convention
facilities, and he would cooperate with the Convention and Tourist
Committee of the Chamber in budgeting these funds.
Mayor Davidson suggested that a committee be appointed consisting of:
Three (3) members of the hotel -motel industry, three (3) members of the
tourist oriented industry, and the Administrative Officer of the City.
The Administrative Officer should be appointed to prepare and work out
a proposed program for spending these funds.
Mr. Houseman, Lamplighter Motel, stated that he disagreed with the
Attorney's opinion on the immunity from referendum and initiative for
this ordinance. He also questioned the amount that would ultimately
be used for promotion of tourism and conventions.
Mr. Houseman, on question, stated that he did not believe that a
convention center would be very valuable to the motel operation in the
City as he believed that the motels will continue to exist on the business
they now have and that it would take a tremendous amount of money to
properly promote San Luis Obispo so that the hotels might benefit.
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City Council M nutes
December 21, 1964
Page -3-
Mayor Davidson stated that he hoped that the City would not consider
adoption of this ordinance until the Council looks into the overall
financial program of the City, as since 1961 many new programs were
introduced to relieve the property tax in the City and to date no
reduction has been made. He asked that the Council pledge before they
approve this ordinance that they will reduce the property taxes by at
least the amount to be raised by the new tax. He mentioned the water
acreage charges, sewer service charges, increase in water rates, new gas
tax money, etc., and further asked that the Council pledge be made to
review the new revenues received in the past three years and that relief
be granted in a proportionate amount by a reduction in the property tax.
On motion of Councilman Miller, seconded by Councilman Whelchel, that a
committee be appointed of two (2) members of the Council to investigate
the Mayor's proposal and report back to the Council. Motion carried.
Mayor Davidson appointed Councilmen Miller and Whelchel to make this study.
On motion of Councilman Miller, seconded by Councilman Whelchel, Ordinance
No. 298 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
6. At this time the City Council held a public hearing on the recommendation
of the Planning Commission for the establishment of building setback lines
on Rockview Place.
Mayor Davidson declared the public hearing open.
D. F. Romero, City Engineer, presented various alternatives to the
development of a street width for Rockview Place. He stated that the
residents and property owners requested the following which was
concurred in by the Planning Commission: 46 ft. property line to property
line, with 5 ft. sidewalks on both sides and 36 ft. traveled way. He
stated that his own recommendation would be to develop the street within
the present right of way, because the terrain and the difficulty of
negotiating with many property owners for a small amount of widening would
create such serious problems.
Roy Hoover, property owner, asked what would happen if a property owner
refused to give the land needed for widening.
City Attorney Houser stated that there were various alternatives. The
City could buy the property, condemn the property or form an assessment
district and charge all costs against the property owners. Also, that a
recent court case indicated that property owners could be required to
donate their property if it was along a major street.
Roy Hoover stated that he was willing to give his land and put in improve-
ments, but that he would oppose the proposal if the City came along later
and paid other owners for their land. He felt that all property owners
should be treated the same.
Administrative Officer Miller suggested that due to high special assess-
ments in the area that possibly the proposal of City Engineer Romero of
40 ft. from property line to property line with 5 ft. sidewalks with
30 ft. traveled way would be the best for the City and for the property
owners.
Mr. Downing, Crystal Springs Water Company, stated that he believed that
the right of way of 40 ft. from property line to property line was the
best for the property owners.
City Council Minutes
December 21, 1964
Page -4-
Mrs. Hoffman, 3261 Rockview Place, stated that she did not believe that
5 ft. sidewalk on both sides of the street are needed or are necessary.
Mr. Young opposed 46 ft. street and felt that the 40 ft. street would
be satisfactory.
Mr. Young presented a letter from Robert and Joann Hetfield protesting
the proposal due to the expense involved.
Councilman Miller stated that he believed that the street should be wide
enough for two (2) travel lanes, two (2) parking lanes and two (2)
4 ft. sidewalks.
Councilman Graves agreed with Councilman Miller that the 46 ft, right
of way was better but that if the property owners preferred, then 40 ft.
right of way with 4 ft. sidewalk should be adopted.
Mayor Davidson declared the public hearing closed.
On motion of Councilman Graves, seconded by Mayor Davidson, that 40.ft.
right of way with 4 ft. sidewalk be adopted as standard for Rockview
Place. Motion carried.
5. At this time the City Council considered the final passage of Ordinance
No. 299, an ordinance modifying speed limits on Foothill and California
Boulevards, Orcutt and Madonna Roads, and Elks Lane.
B. Communication from Mrs. Delwyn Roberts protesting the increase in
speed on Foothill Boulevard from 25 to 35 mph.
Mayor Davidson stated he believed that 35 mph was too high for Foothill
Boulevard under present conditions and opposed changing the limit from
25 mph in view of pedestrians and children walking on Foothill Boulevard
without sidewalks.
Councilman Whelchel asked why was the speed limit on Elks Lane being
reduced to 35 mph when South Higuera has a speed limit of 40 mph and
there is less traffic on Elks Lane then South Higuera.
City Engineer Romero explained the studies taken and the theory behind
them.
Councilman Graves agreed that the speed limit of 35 mph is too high for
Foothill Boulevard.
Councilman k'helchel stated he disagreed and that these major streets should
have higher speed limits in order to move traffic on these streets, and
he felt also that the City was putting in sidewalks for the protection
of the pedestrians, and therefore something should be done for motorists.
Councilwoman McNeil agreed that the Foothill Boulevard speed limit should
not be raised.
On motion of Mayor Davidson, seconded by Councilman Graves, that Foothill
Boulevard be removed from the ordinance. Motion carried, Councilmen
Miller and Whelchel voting no.
City ALtorney Houser stated that this change constituted an amendment
and would have to be published at least one day before final adoption of
the amended ordinance. The Council should then finally pass the amended
ordinance.
On motion of Councilman Graves, seconded by Councilman Miller, the
amendment to Ordinance No. 299 was passed and adopted on the following
roll call vote:
City Council Minutes
December 21, 1964
Page -5-
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
7. At this time the Design Review Board for the Mission Plaza reported on
(a) street signs (b) lighting for Mission Plaza Parking Lot No. 10.
Mr. Chapman, Planning Director, reported as follows on behalf of the
Review Board for Mission Plaza on street sign design: "The Committee
favored the steel sign with white reflective lettering on a dark brown
background. They recommended that the Council adopt this type with the
following modifications:
1. Straight through sign for short names
2. Sign with street number under the name for long names
3. Omit street, boulevard, etc.
4. Include whole number with arrow adjacent
5. Consider cast bell for signs in downtown area only, possibly
colored black."
On motion of Mayor Davidson, seconded by Councilman Miller, that the
recommendations of the Design Review Board be accepted on the sign types
and color. Motion carried.
' Mr. Chapman then reported on behalf of the Design Review Board relative
to lights for Parking Lot No. 10 as follows: "The Committee considered
the lighting requirements for the parking lot under construction on the
Mission Plaza. They suggested that Alex Madonna be approached with a
possibility of acquiring surplus lights of the type around the Madonna
Inn. Alternatively they favored the multisphere type shown in the PEMCO
catalog."
On motion of Councilman Miller, seconded by Mayor Davidson, that the
City Engineer be instructed to look into acquiring the old street lights
along Highway No. 1 north of Oceano. Motion carried.
On motion of Mayor Davidson, seconded by Councilman Graves, that the
recommendation for single sphere lights for Parking Lot No. 10 be
accepted. Motion carried, Councilman Miller voting no.
8. Progress Report by the Council Committee studying the request of the
garbage company for increase in rates, was held over.
9. The following report was received from the Planning Commission on their
studies and recommendations on changing the name of Higuera Street:
"The Commission has carefully considered the need for a name change to
distinguish Higuera Street south of Marsh from the remainder.
They consulted with the Police and Fire Departments and in view of the
fact that there have been no problems as far as they are concerned and
there does not appear to be any major problems with street addresses,
the Commission recommends that no change be made to the name of Higuera
Street south of Marsh at this time."
On motion of Councilman Miller, seconded by Councilman [dhelchel, the report
was accepted. Motion carried.
City Engineer Romero is to contact the Division of Iiighways and see if
Higuera Street sign on Highway No. 101 can be changed to some other
designation.
City Council Minutes
December 21, 1964
Page -6-
10. City Engineer Romero presented a sketch showing front yard slopes and
building setbacks. He pointed out that a 4 foot integral sidewalk would
create the least detriment to the existing developments and would be
satisfactory provided utility poles were moved behind the sidewalk.
On motion of Councilman Graves, seconded by Councilman Miller, that
4 foot sidewalk be adopted on Grand Avenue in subject block only and
utility companies be requested to move poles to the back edge of
sidewalk. Motion carried.
11. City Engineer Romero reported on the Zenon Talbott drainage matter.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the
report was ordered received and filed. Motion carried.
12. Petition from the businesses on 300 block of lower Higuera Street
requesting that the time limits on this block be enforced, was referred
to the Police Chief.
13. A. Communication from R. L. Kuhler appealing a decision of the City
Council and Planning Commission and asking reconsideration of waiving
the requirement for sidewalks at 1900 San Luis Drive.
B. Petition from the residents of Mira Monte and Escuela Alta Tract
protesting the requirement of Mr. Kuhler placing sidewalk in front of
his property on San Luis Drive.
City Engineer Romero reported that sidewalks exist on both sides of
San Luis Drive from California Boulevard to Cazadero and on the west
side of San Luis Drive from Cazadero to Andrews Street.
William Brown, Architect for Mr. Kuhler, objected to the placement of
sidewalk in front of 1900 San Luis Drive for esthetic reasons and the
complete lack of sidewalk throughout the tract and that the installation
of sidewalk at 1900 San Luis Drive would look out of place and would not
fit into the neighborhood, and would be completely out of place. He
stated that professionally he did not believe sidewalks would add to
the neighborhood.
Councilman Graves agreed that sidewalks are not needed at this time but
that a Covenant and Letter of Credit be filed to require sidewalk' at
a later date when deemed necessary by the City.
A. H. Brazil objected to the City ordering Mr. Kuhler to place sidewalk
at this time and also he questioned the legal right of the City to order
any property owner to place sidewalk on his property, particularly in
this area of the City which is a very fine neighborhood.
Mayor Davidson stated that he believed now is the time for placing
sidewalk in the area as a group of 30 or 35 citizens have appeared before
the Council requesting that sidewalk be placed on Grand Avenue so that
the children from the Escuela Alta and Mira Monte Tract may walk to
school safely on Grand Avenue.
A. H. Brazil stated that the petition did not agree with the statement
as presented by the Mayor as 1007. of the property owners have asked the
Council not to require sidewalk in the Mira Monte - Escuela Alta Tracts.
Councilman Graves stated he did not mean to exempt Mr. Kuhler from
placing sidewalk just defer the installation until needed in the view
of the Council.
Robert Peters, San Luis Drive, appeared before the Council objecting
to the requirement of placing sidewalk in this area. He stated that
these two tracts have been developed for an open park like atmosphere
for which the landscaping has not been.put with the view to future
City Council Minutes
December 21, 1964
Page -7-
sidewalk installation. Further, he does not believe that sidewalks
are needed in this tract.
Mr. William Brown again asked that Mr. Kohler be allowed to defer
installation of sidewalk until a later date.
Councilman Whelchel agreed with the petitioners, that there was no need
for sidewalk at this time. He stated that a Letter of Credit or Covenant
should be filed by We Mahler guaranteeing the installation of sidewalk
when needed, and further, he did not like residents in Mira Monte or
Escuela Tract appearing before the Council requesting that sidewalks
be placed on Grand Avenue so that their children can walk safely to
school, but petition against placing sidewalks on their property.
On motion of Councilman Graves, seconded by Councilman Whelchel, that the
request be granted and no sidewalk be installed at this time, but
a Covenant or Letter of Credit should be filed with the City guaranteeing
installation at a later date when requested by the City.
Councilman Miller stated that sidewalks should be put in at the time
the building is being built, and there should be no exception except
for topography hardships.
Councilman Miller continued that it was unfair for the residents of this
area to protest installation of sidewalk in front of their property and
yet asked that sidewalk be placed in front of properties on Grand
Avenue.
1 A. H. Brazil stated that he believed that the people in this area felt
differently than the other people in the City and should not be required
to put sidewalk in front of their properties.
Mr. McAdams, San Luis Drive, stated that he did not believe that sidewalks
are necessary at this time and that he felt that the installation of
sidewalk would hurt this area as it has been kept as an open landscape
area.
Lotion carried, Councilman Miller voting no.
Councilman Miller again stated that he felt sidewalks should be
Installed at the time the house is completed.
14. At this time the City Council discussed further the Highland Drive
extension.
Councilman Miller stated that he felt that the City should proceed with
all speed in extending Highland Drive in order to relieve Foothill
Boulevard traffic.
The City Council discussed various ways of extending Highland Drive from
Cuesta Drive to Ferrini Road.
On motion of Councilman Miller, seconded by Mayor Davidson, that the
City Engineer make a preliminary study on developing Highland Drive by
special assessment. Motion carried.
15. Further discussion of priorities for additional parking lot locations,
was held over for D. Jackson Faustman's report, on motion of Mayor
Davidson, seconded by Councilman Whelchel. Motion carried.
16. Communication from Vincent Ray, Chairman of the Christmas Committee of
the Chamber of Commerce, reporting on the work accomplished this year
and thanking the City Council for their cooperation in the program, was
received and filed.
17. Communication from Arthur F. Warden regarding participation in the
Mission Plaza planning, was referred to the Planning Director on motion
of Councilman Whelchel, seconded by Mayor Davidson. Motion carried.
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City Council Minutes
December 21, 1964
Page -8-
18. City Engineer Romero presented several parking arrangements and
alternates including landscaping, paving, water service installations,
lighting, and rearrangement of meters; and presented a range of cost
estimates for the work up to a maximum of $8,500.
On motion of Councilman Miller, seconded by Mayor Davidson, that the
Administrative Officer include this improvement in next year's budget
for study. Motion carried.
19. City Engineer Romero reported on patching holes in City streets.
On motion of Councilman Graves, seconded by Mayor Davidson, the report
of the City Engineer was accepted. Motion carried.
20. Notice from the County Boundary Commission that they approved the
annexation of lots 90 and 91 of the suburban tract to the City of
San Luis Obispo, was received and filed.
21. Communication from Cecil L. Munch offering to sell his property to the
City for future use when the City builds the Orcutt Road Crossing.
On motion of Councilman Miller, seconded by Councilman Graves, that
Mr. Munch be sent A thank you and inform him that additional studies
are being made for construction of a crossing and that the City will
keep him informed as to need of his property. Motion carried.
22. At this time the Council considered the license for Pasqualis Restaurant
at 281 Parker Street.
On motion of Councilman Miller, seconded by Councilman Whelchel, the
license was approved and order was given to issue a license. Motion
carried.
The City Attorney was asked to bring in a recommendation for a more
practical method of handling processing of restaurant licenses.
23. Communication from the County - Assessor, Joe Warnagieris, forwarding
a copy of a letter written to the San Luis Obispo County Board of
Supervisors regarding exemption of household assessments for 1965 -66,
was received and filed.
24a. Copy of communication from the City of San Luis Obispo and the County
of San Luis Obispo relative to purchase of Salinas Dam and Reservoir
Project, was received and filed.
24b. Copy of County of San Luis Obispo Board Order appointing two supervisors
to investigate the possibility of purchasing the Salinas Reservoir for
the County of San Luis Obispo, was received and filed.
25. Review of California freeway and express way systems, and entire State
highway system, was received and filed.
26. Communication from Mrs. Oscar Dodds, President of the Pacheco P. T. A.,
thanking the City Council, on behalf of the children, for placement of
sidewalk on Grand Avenue, was received and filed.
27. Announcement by the League of California Cities of an institution of
labor relations to be held an February 1 2 and 3, 1965, was received
and filed.
28. Bulletin from the League of California Cities forwarding copies of the
resolution adopted by the League in general session, October 14, 1964,
was received and filed.
City Council Minutes
December 21, 1964
Page -9-
29. Communication from the City Planning Commission recommending rezoning
of property located at 152 -154 Ferrini Road from R -1 to R -3, property
owned by Milton and Viola Nadelle. Public hearing to be held on
January 4, 1965. Communication received and filed.
30. Communication from the Planning Commission recommending approval of
Preliminary and Precise Planned Development for student housing at
71 North Broad Street for the Dover Development Corporation. Public
hearing to be held on January 4, 1965. Communication received and filed.
31. Communication from the U. S. Army Engineer District, Los Angeles, notify-
ing the City Council of a public hearing reviewing report on Morro Bay
Harbor, was received and filed.
32. At this time Councilman Whelchel brought up the matter of the recently
adopted resolution on taxicab rates and asked that the City Council
consider amending the resolution setting the rates for trips outside the
City limits. He stated that he felt that the City Council did not intend
to add 25% to the meter rates for trips to Cal Poly, Rolling Hills, the
airport, or Country Club. Therefore, he felt that the resolution should
be amended so that the 25% does not take effect for trips within a five
(5) mile radius of the City of San Luis Obispo.
He also felt that on round trips outside the City the fare should not be
increased by 25 %.
On motion of Councilman Graves, seconded by Councilman Miller, the
City Attorney was instructed to prepare a resolution for Council
consideration at the January 4, 1965 meeting embodying this recommendation.
Motion carried.
On motion of Councilman Miller, seconded by Mayor Davidson, the meeting
adjourned at 11:00 P. M.
Approved: January 18, 1965
J. H. VITZPATRICK, CITY CLERK
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