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HomeMy WebLinkAbout07/20/1964REGULAR FETING OF CITY COUNCIL July 20, 1964 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell 6.7, iihelchel City Staff Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick. City Cleik, W. M. Houser, City P_ttorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer, G-?. Schofield, Police Chief; E. P. Thompson, Water Superintendent; J. Wainscott, Fire Battalion Chief. Approval of the minutes of July 6, 1964 were held over. On motion of Councilman Whelchel, seconded by Councilman Graves, the claims against the City for the month of July, 1964, were approved subject to the approval of the Administrative Officer. --------------------------------------------------------- -- -------- --- ---- ---- - -- --- 1. On motion of Councilman Graves, seconded by Councilwoman McNeil, the Mayor was authorized to accept and record a Grant Deed from Clarence B. "MeCullar and Connie I. NcCullar, and to accept and execute Agreement from same. Both are ' for street widening purposes. Motion carried. 2. On motion of Councilman Graves, seconded by Councilman Whelchel, the Mayor was authorized to accept and record a Grant Deed from Ybrris Hamilton to the City of San Luis Obispo for portion of Serrano Dive and Tassajara Street required as a condition of subdivision, upon completion of all improvements to meet requirements of the City. Notion carried. 3. On motion of Councilman Graves, seconded by Councilman Whelchel, Ordinance No. 287, an ordinance providing for termination of water service upon refusal to install sewer backup valve, 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. Uhelchel NOZS: None ABSENT: None 4. On motion of Councilman Miller, seconded by Councilwoman McNeil, Ordinance No. 286, an ordinance authorizing execution of lease of a portion of the Whale Rock Reservoir, was introduced. E. P. Thompson, Water Superintendent, explained conditions and reason for this lease. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. fuller, Clell W. Whelchel NOES: None ABSENT: None 5. At this time the City Council again considered the request from Johnson Highlands, Inc. for final acceptance by the City of San Luis Obispo of the off -site improvements of Tract No. 212. City Council Minutes July 20, 1964 Page -2- D. F. Romero, City Engineer, suggested that this matter be held over since all items in the subdivision had not been completed. On motion of Councilman Graves, seconded by Councilman Whelchel, the matter was held over to the meeting of August 3, 1964. bbtion carried. 6. The City Council considered a communication from the P. G. & E. Company regarding proposed conversion of street lights. Mr. Hoffman, P. G. & E., explained that the conversion will take about three (3) years to complete, but this would start as soon as possible. On motion of Councilman Miller, seconded by Councilman tdhelchel, that the P. G. & E. Company be authorized to proceed in accordance with the proposal. Motion carried. 7. A. @t this time the City Council held a public hearing on the appeal of Peter R. Veber from a denial of the Planning Commission for rezoning from R -1 to R -3 of property located at Felton Way and Ferrini Road. B. Communication from the City Planning Commission recommending denial of the requested rezoning. C. Communication from Irvin J. Rogan protesting the requested rezoning. D. Communication from Arch Lux protesting the requested rezoning. Mayor Davidson declared the public hearing open. ' Burt Fugate appeared before the City Council on behalf of the Goodman and Weber request and presented a sketch of the proposed development and also a neighborhood map shociing land use in the vicinity. Mr. Fugate stated that the proposed development would consist of 45 one and two bedroom garden apartments with landscaping and swimming pool. Mr. Fugate then presented a map showing the location of all the elementry schools in the City and the land use6 and zoning adjacent to the schools. Mr..Fugate.also explained his views on traffic and traffic congestion existing and proposed under the apartment request. Mr. Fugate stated that he believed the requested rezoning was proper and would make good use of the subject property and the size of it would allow proper development of an apartment house with landscaping and swimming pool and urged that the City Council approve the request of the proponents. Peter R. Weber, applicant for the rezoning, reviewed for the Council the present conditions and use of the land and explained what uses he and MIr. Goodman could make under present zoning which would be a waste of land and they believed that by combining the two properties, a development of the highest and best use of the land could be made. Mr. Weber continued that when Highland Drive is extended from Cuesta to Ferrini, all the long lots lying between Felton Way and the new highland Drive would request rezoning so that their land could be used to its best development. Mr. Weber also went into traffic and traffic congestion matters in the vicinity of the proposed development. Mr. Weber continued that no property in the City stands still or lies dormant, but that all properties change in value either increasing due to demand and expansion of the City, or decline in value due to zoning stagnation as the property is not allowed to develop to its highest and best use. but continued that when zoning in a growing City is used properly the property values continue to increase. City Council Minutes July 201, 1964 page -3- Mt. Al Starkie, 590 Felton Way, appeared before the Council protesting the rezoning as he believes that R -1 property should be protected by the City so that property owners may make plans on the basis that they are not being threatened with apartment houses or multiple use in a restricted single family area. Firs. Starkie objected to the rezoning and the encroachment of apartment build- ings in R -1 zone as she does not want a three story apartment next to her home and looking down on her property which is what happened when they owned property on Ferrini and were forced to move on this account. Gabriele Garcia, 543 Felton Way, objected to the rezoning as he purchased his property in an R -1 zone for the protection of his family and while he was not against progresp, he hoped the City Council would leave the property zoned R -1. Jake Goodman appeared before the City Council on behalf of his requested rezoning and stated he did not believe that these parcels could be developed as R -1 property and that it should be allowed to be zoned so that the property could be properly developed into multiple uses. Mayor Davidson declared the public hearing closed. Councilman 'Miller announced his interest in a parcel of land an Felton [lay which is in the area affected by this rezonin,o and stated that he wished to make known that he would abstain from the discussion and the decision. Peter Chapman, Planning & Building Director, listed the reasons for the ' Planning Commission's recommended denial of the requested rezoning. He further stated that he believed there were too man; apartments now and that with the completion of the Flag-- Litzie development for student housing, he estimated that there would be approximately 250 apartments vacated by students,- moving into the above mentioned development, tzereby making the need for more apartments unnecessary. He further stated that there is too much land in the City zoned R -3 that is presently undeveloped and that these promoters of apartment houses should loot; into this land and ou_chase a location and build the apartments if they so desire in a properly zoned area. Mr. Chapman then listed what other uses can be made of p -3 zoned land such as apartments, boarding houses, fraternities, professional offices, lodges, clubs, etc., and wished to remand the Council that when the property was rezoned, any of these uses could be placed on this property. Mr. Veber again appeared 'before the Council stating that he and Fir. Goodman would stipulate that they would only use the land for apartment development and nothing else. The City Council then discussed the arguments presented by the opponents and proponents to this requested rezoning. Councilman Graves stated he believed the arguments presented by tine opponents regarding traffic problems were valid and further, that the request of the property owners for a -1 protection was valid and that he for one would support the Planning Commission in their denial of the request. Mayor Davidson questioned Mr. Weber on his proposed development, particularly on the movement of motor vehicles into and out of the parking area. Mr. Weber stated that their present plans called for ingress off Felton and exit off of Ferrini. He further stated tilat when the City was ready for construction of highland Drive, he would cooperrte with the City in placing the improvements on his property adjacent to the improvement. Ma yor Davidson stated that looking at the maps presented and knowing the aree and how it has developed through the years, he was sure the area should be developed as R -3 or multiple dwelling. City Council Minutes July 20, 1964 Page -4- Councilman Miller asked the City :attorney for an opinion as to whether he had a conflict of interest as he owned property on Felton 'Jay. City Attorney ':louse_ stated that he did not believe that W. Miller could be declared in conflict of interest as he did not own or have any interest in the property being. considered for rezoning, but if Mr. Miller wished to refrain from voting on ti-.e matter that he should leave the Council Chambers, inasmuch as the City Charter provides that a Councilman who is present and does not vote snail be counted as voting in favor of tale proposal. On motion of Councilman Gri�zves, seconded by Councilwoman McNeil, that the City Council uphold the decision of the Pjannirg Commission in denying the appeal of the rezoning. 1�btion lost on the following roll call vote: EYES: R. L. Graves, Jr., Miss Margaret McNeil NOES: Clay P. Davidson, Donald ':. !,Eller, Cleil W. Uhelchel WEM: None On motion of Councilman ::heichel, seconded by Councilman Miller. that the City Council take the matter under consideration to the next meeting of August 3, 1964. In the meantime, the Council would have a chance to discuss the matter with the Planning Commission in line with policy when it was proposed to overrule the Commission on a rezoning. Motion carried. C. At this time the City Council held a public hearing on the appeal from Ray C. Smith from a decision of the Planning Commission in denying him a variance to ailotr a porch overhang at 2051 Fixlini Street. The following report was received from the City Planning Commission on the denial of tae variance: "Resolution No. 75 -54 of the Planning Conoiisoion denied an application from Fray Smith for a variance to allow a porch eacroacl=ent in the front yard of 2051 Fixlini Street. This porch was constructed without a bu_Iding perm:.t or variance and Mr. Smith was required to submit an application when the contravention was discovered by a building inspector. The Commission felt that the variance requested did not fulfill the conditions specified by the zoning ordinance and that approval of the application would dilute the effectiveness of the ordinance. The}, therefore, denied the application. Mr. Smith has appealed this decision and the ordinance requires that the Council set the matter for a public hearing." Mayor Davidson declared the public hearing open. Ray C. Smith appeared before the Council on behalf of his appeal for a variance= to allow a porch overhang in the front of his residence at 2051 Fixlini Street. Hr. Smith stated he lives on a dead -end street and his neighbor.; do not ob-;ect to this porch overhang and further, he believed brat the small porch would be an asset as it will mace his building much more attractive and requested that the City Council grant the variance on hi:: porch. Mayor Davidson declared the public hearinG closed. On motion of Councilman Graves, seconded by Councilman Miller, that the variance be granted for a porch encroachment: in tiie front yard setback at 2051 Fi:;I-ni Street. City Council Minutes July 20, 1964 Page -5- Planning Director Chapman then read for the Council's information the conditions and findings that must be made before granting a variance and that he and the Planning Commission did not believe that the conditions were met in this instance. Motion carried. 9. Ax this time the City Council held a public hearing on the appeal of City Neon from a denial by the Planning Commission of a use permit for a free standing sign at the corner of Chorro and Marsh Street for Central Swings. Mayor Davidson declared the public hea:-_ng open. Carlos Moerman, representing City Neon, cppeared before the City Council and presented a colored sketch of the proposed sign to be installed for Central Savings at Chorro and Narsh Streets. He stated that the original application for c use permit had been turned down by the Planning Commission referr!.ng to the new sign ordinance which will not take effect until the first part of `ugust. He stated that the Sign met the present existing ordinance, it does not extend over public property and does not rotate or flash. Further, in his opinion it was a very dignified type of sign which would be an asset to the City. He further stated that the sign was sold to Central Savings prior to the adoption of the new ordinance and felt that the City Council should make their decision on the basis of the existing ordinance. ' Planning Director Chapman stated upon question, that the proposed sign did meet the existing ordinance, but due to the fact that a new sign ordinance had just been pawed, the Planning Commission, as a matter of policy, was using the requirements in the new ordinance in granting use permits. On motion of Councilman Graves, seconded by Councilman Miller, that the City grant a use permit fo= the sign as requested. ebtion carried. 10. At this time the City Council held a public hearing on a resolution of intention to levy a motel -hotel tax in the City of San Luis Obisao,ouce other cities in the county and the county have also enacted such a law. Mayor Davidson briefed for the people present action to date on the proposed bed tax and reported on the meeting held with representatives of the cities in the county and reported on the meeting held with representatives of the motel -hotel committee of the Chamber of Commerce. Mayor Davidson then presented a draft copy of the resolution to be considered by the Council. lie continued that in the meeting with the hotel -motel industry that the majority present generally agreed with the proposal as outlined. Mayor Davidson declared the public hearing open. &I Hahn, Dan Hotel, asked if Cal Poly would be required to pay bed tax where 1 they rent rooms and sell meals in competition with local businesses. The City Attorney, W. 13. Houser Jr stated no, that bed tax would not be collected from Cal Poly as this was government operated and not taxed. Carl Seneker, Anderson Hotel asked would this tax also be levied on private homes, boarding houses, and other places that rented out rooms. I/W. Houser stated no, that the proposed law applied only to transients that rented rooms far thirty (30) days or less. Councilman Graves asked if hospitals, rest homes, sanitariums, etc., will be subject to this tax. City Attorney Houser stated that he did not believe so, but he mould check this and report back to the City Council. City Council mutes July 20, 1964 Page -6- Bernie Dixon, C•smpus lvktel, Chairman of Visitors and Convention Committee of the Chamber, stated that his committee agreed with the proposal subject to certain conditions: (1) County wide ordinance only, (2) object to City going it alone if the rest of the cities and county did not enact the law, (3) money to be used for tourist and convention area and not to be placed in the general fund, (4) coordinate enactment of the law with adjacent counties so that the effective date of the ordinance would be the same in all areas, (5) request that a budget be set up based on estimated revenues, and further, asked who would determine where the money would be spent and by whom and who should decide on the expenditures. Mayor Davidson stated as far as item 5 was concerned, a tourist and convention bureau would be established with a proper staff to coordinate expenditure of money for promotion oZ tourism. George White, Rancho San Luis Mel, asked for the Council to consider exempting industries that rent rooms to employees on an annual basis for their employees. He believed that such an exemption would be equitable in his opinion. Dick Hushes, ToFm & Country Motel, objected to the bed tax as he does not believe that this tax will help tourism in this area as this is no longer a half way stop between Los Angeles and San Francisco. If the City wants to encourage tourists they had better get something for them to do and see as presently the only attractions in the area are the Mission end Hearst ' Castle. He listed things that are lacking in San Luis Obispo. Ed Davin, President of the Chamber of Commerce, stated that the Chamber in San Luis Obispo is not only interested in promoting the City of S,tn Luis Obispo, but also promoting the entire county of San Luis Obispo. F. E. McNamara, Midtown i•;otel, objected to the tax at this time until many more questions are answered and the results are - known. He also stated that this tax on top of the excessive water and sewer rates make it very tough on the motel operators. Further, that the new sign ordinance is not going to make it very easy on the motel owners due to the cost for new signs which are to be of a more restrictive size which will not help their business either. t.dministrative Officer Killer listed the following cities equivalent in population of San Luis Obispo who have adopted the motel -hotel tax: Avalon, Barstow, Carmel, Desert Hot Springs, Elsinore, Fontana, Fountain Valley, Merced, Needles, Palm Springs, Perris, Rialto, Sanger, Upland and Watsonville. The tax was also being considered by Chico, Monterey, Pacific Grove, Placentia, Roseville, San Clemente, Seaside, Yreka, and Williams. City Attorney Houser explained that promotional and advertising expenditures were limited to 5 cents on each $100 of assessed valuation, but funds over 1 this amount could be used for other city activities such as convention center, etc. Mayor Davidson declared the public hearing closed. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution No. 1323, a resolution of intention to levy a hotel and motel room tax of four per cent (4%). Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. 'Jhelchel NOES: None ABSENT: None City Council Minutes July 20, 1964 Page -7- A representative of the E1 Carlos Motel objected to the tax and stated that it was unfair and discriminatory and he didn't believe it should be enacted. Mayor Davidson.again explained the benefits of enacting a motel -hotel tax. A. At this time the City Council sat as City Board of Equalization for the final time to hear protests to the 1964165 assessment roll. Mayor Davidson declared the public hearing open. City Clerk, J. H. Fitzpatrick, reported that no written protests were received. No one appeared before the City Council. Mayor Davidson declared the public hearing closed. On motion of Councilman iftielchel, seconded by Councilman Miller, the assessment roll was approved and the City Clerk was instructed to add any escaped assessments upon discovery. Notion carried. J. H. Fitzpatrick, City Clerk, reported that the total assessed valuation for locally assessed property in the City was $34,973,410.00, an increase of $1,432,732.00. B. The following communication was received from the Chamber of Commerce: ' "We respectfully request that you authorize the City's representatives to renew the existing Agreement with the Chamber of Commerce for the fiscal year July 1, 1964 through June 30, 1965. This would simply entail formal authorization for this item included in the City's budget for 1964 -65 fiscal year. For your information, enclosed is a partial resume of Chamber of Commerce activities, both past and prospective. We shall endeavor to serve the City to the best of our abilities and in accordance with the Agreement during this current year. We solicit and apprecieta comments and suggestions from any citizen, including you as representatives of the City." On motion of Councilman t?helchel, seconded by Councilman Miller. that this proposal for services be put out to bid with the staff to prepare specifica- tions. Emmons Blake objected to this proposal as the Chamber of Commerce is the only organization in the City that could perform this service. Councilman Whelchel stated that the City should put this out for bid as is done in all instances when the expenditure is over $2,000.00 and possibly some other organization would like to do this promotion work for the City. Ed Davin objected to this proposal of calling for bids as the City is receiving much more service from the Chamber than they are paying for and also, neighboring cities are paying their manager much more in salary than this city's Chamber Manager.. Also, there are many delinquent members in the Chamber who have not paid their dues and the Chamber needs the money in order to continue in operation. Motion to call for bids carried on the following roll call vote: AYES: R. L. Craves, Jr., Donald Q. ldller, Clell W. Whelchel NOES: Hiss Margaret McNeil, Clay P. Davidson ABSENT: None City Council Minutes July 20, 1964 Page -8- 11. The City Council received an invitation from the Planning Commission to attend the Planning Commission study session on Tuesday, July 28, 1964, to discuss proposed revision to the General Plan. 12. At this time the City Council discussed the relative merits of improving water lines on Sandercock Street and on High Street. On motion of Councilman Miller, seconded by Councilwoman McNeil, the Council authorized replacement of the water main in Sandercock Street. Motion carried. 13. Communication from yiadonna Construction Company dated July 10, 1964 appealing the decision of the Planning Commission in denying their request for a revolving sign at the Union Oil Station at Madonna Road. This matter was set for public hearing on August 3, 1964. 14. Communication from Mrs. Delwyn Roberts commending the City Council for their decision to install sidewalk on Foothill Boulevard and further, suggesting that a pedestrian button be placed on the signal light on Foothill Boulevard and Chorro Street, was referred to the Traffic Committee on motion of Councilwoman McNeil, seconded by Councilman-Miller. 15. San Luis Obispo City Schools advised that Throop Field Lease to expire August 17, 1964. Lease is renewable for five (5) years at $1 per year. On motion of Councilman Graves, seconded by Councilman Whelchel, the Administrative Officer was authorized to request a renewal of the lease subject to approval by the Park & Recreation Commission. Motion carried. 16. Communication from Dr. Richard L. Anderegg requesting that the curb in front of 100 Casa Street be painted red as the present no parking signs are inadequate, was referred to the Traffic Committee on motion of Councilwoman McNeil, seconded by Councilman Miller. 17. Communication from Ray C. Skinner regarding assessment financing of subdivision improvements at Laguna Lake Village and forwarding a communication from John Holtom, Attorney, forwarding a list of cities which have utilized assessment financing for subdivision improvements, was ordered received and filed. 18. Communication from the Division of Highways notifying the City Council that population plates on City limit signs on State highways entering the City have been ordered and will be changed as soon as possible, was ordered received and filed. 19. Youth Corps activities for the weeks of June 29 -July 3 and July 6 -10, 1964, were ordered received and filed. 20. On motion of Councilman Miller, seconded by Councilwoman McNeil, Councilman Graves`s request to be absent from the State was approved. Motion carried. On motion of Councilman Miller, seconded by Councilwoman McNeil,the meeting adjourned to Tuesday, July 2Q', 1964 to meet with the Planning Commission. Motion carried. / Approved: August 3, 1964 J. H. TZPATRICK, CITY CLERK