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.
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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