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HomeMy WebLinkAbout11/12/1962Approved this ��,�day 196$. I t ADJOURNED MEETING OF THE CITY COUNCIL November 12, 1962 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, Gerald W. Shipsey City Staff: Present: J. W. Abraham, Building and Planning Director; J. H. Fitzpatrick, City Clerk; William Houser, City Attorney; R. D. Miller, Administrative f Officer; D. F. Romero, City Engineer; William Schofield, Police Chief; Lee Schlobohm, Fire Chief. ----------------------------------------- ---------- ------------ -- - - --- ------ - --- --- `j . 1. On a motion of,Councilman Shipsey, seconded by Councilman Graves, the Mayor was authorized to execute a lease agreement on behalf of the City with the General Services Administration for office space at 864 Santa Rosa Street. 2. On a motion of Councilman Graves, seconded by Councilman Shipsey, the Mayor was authorized to accept and record a Grant-Deed for Mitchell Park from the City School District and the Mayor was also authorized to execute a Deed on behalf of the City granting to the School District a portion of Laguna Lake property. Motion carried. Councilman Miller voted no °: 3. At this time the City Council considered the request of L. J. Morganti for curb, gutter and sidewalk exception on Emily Street adjacent to Spur track at his warehouse. Mayor Davidson suggested that the City conditioin.any action taken to have Emily Street improved and a covenant should be recorded requiring the property owners to pay one half of the cost of improvement. Councilman Graves suggested that a covenant should be recorded requiring the placement of curb, gutter 'and sidewalks when required by the City. The City Council discussed various methods of requiring street improvements on Emily Street to include future street paving and "curb and gutter at this time. David F. Romero, City Engineer, reported that the Planning Commission, under the provisions of the Municipal Code, have excused the requirement of placing sidewalks at this property. On a motion of Councilman Shipsey, seconded by Councilman Miller, that theCity waive the requirement for placement of curb and gutter along Emily Street. 4. At this time the City Council considered the introduction of Ordinance No. 240, an- ordinance amending the Municipal Code by adding provisions for regulation governing Planned Development Districts. William Houser, City Attorney, reviewed changes made by the Council at a prior meeting and a so that prior to publication the section numbers would be corrected. -1- R On a motion of Councilman Graves, -_seconded by Councilman Shipsey, Ordinance No. 240 was introduced and passed to print.on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: None S. At this time the City Council considered Annex No. 19 of the Local Civil Defense and Disaster Plan. On a motion of Councilman Graves, seconded by Councilman Shipsey, Annex No. 19 was ordered approved. 6. Communication from the County Historical Society requesting assistance from the City.in paying the cost of water for.the Dallidet. Adobe on Pismo Street. Mayor Davidson stated that the City cannot be expected to reduce water rates on individual properties in conflict with the ordinance, but in light of the historical value of the land mark and its attraction to visitors in the City, maybe the' °.City should contribute $100 per year to help defray expenses. On a motion of Councilman Graves, seconded by Councilwoman McNeil, that theCCity grant $100 to the Historical Society to help defray costs at the Dallidet Adobe Home. Motion carried. Councilman Shipsey voted no. 7. Communication from R: D. Miller, Administrative Officer, forwarding proposed specifications for purchase and replacement of ten (10) pieces of automotive and contractor equipment as provided for in the current budget. Bids to be opened December 3, 1962. Fire Chief Schlobohm appeared before the City Council asking that the Council ' reconsider the requirement in the specifications and allow the station wagon for the Fire Department, Item No. 7, to be equipped with automatic transmission instead of manual transmission as the driver would be required to make two (2) additional movements with his hands and feet with the manual transmission which could cause accidents and loss of control of the vehicle. Chief Schlobohm also stated that the additional cost would be approximately $185.00 for the automatic transmission. The City Council discussed the request of the Fire Chief regarding automatic v. manual transmission for the Fire Department station wagon. On a motion of Councilman Shipsey, seconded by Councilwoman McNeil, that authorization be granted to call in specifications to provide.automatic transmission for the Fire Department station wagon. Councilman Miller stated that he only wished.to approve purchase of the station wagon for the Fire Department as they have held off.on replacement for several years but that he did not wish to purchase any other vehicles as the City needs the money for more important problems such as streets, water, and sewers. Mayor Davidson stated that he agreed with Councilman Miller's comment as he did not believe that all these vehicles should be replaced at this time as theCity could use the money to more and better advantages on other City requirements. Councilman Graves stated that he agreed with Councilman Shipsey that these vehicles had been approved by City Council at budget time and the City Council should now proceed to replace these vehicles in accordance with the approved budget. Councilman Miller stated that it was true that these vehicles set for replacement had been approved at budget time but that conditions had changed and that now this.money was needed for more important work in the City. Councilman Miller continued that in lieu of purchasing two (2) new cars for the Police Department that the City purchase two 2 -wheel motorcycles for the Police -2- Councilman Shipsey stated that the City Council had discussed the replacement ' of these vehicles during budget time and they had been passed by the City Council in the budget and he believes the City Council should proceed with these require- ments. Councilman Graves stated that he agreed with Councilman Shipsey that these vehicles had been approved by City Council at budget time and the City Council should now proceed to replace these vehicles in accordance with the approved budget. Councilman Miller stated that it was true that these vehicles set for replacement had been approved at budget time but that conditions had changed and that now this.money was needed for more important work in the City. Councilman Miller continued that in lieu of purchasing two (2) new cars for the Police Department that the City purchase two 2 -wheel motorcycles for the Police -2- 8 M Department to be used exclusively for traffic control in the City as he believes motorcycles could operate very efficiently in the downtown area. He also asked that theAdministrative Officer be requested to make a survey of cities using motorcycles for traffic control and how effective they were in the particular cities in our population bracket. _ Mayor Davidson Agreed with Councilman Miller, stating that there was no question that motorcycles would more-.effectively control traffic in the downtown area and was sure that they would do a better job.than use of an automobile. Mayor Davidson continued that theCity Council will meet with the Police Advisory Board on November 28th and the Council could discuss the motorcycle suggestion with this board. Motion of Councilman Shipsey was passed as follows: AYES: R. L. Graves, Jr., Miss Margaret McNeil, Gerald W. Shipsey NOES: Clay P. Davidson, Donald Q. Miller ABSENT: None Councilman Miller suggested that a uniformed police officer be placed on foot patrol in the business district during shopping nights for the Christmas period as the citizens, he believes, would have a more secure feeling if they could see a police officer in the downtown area. David F. Romero, City Engineer, presented a report on the second phase, priority "A ", of the curb, gutter and sidewalk program where 50% of the block is already improved. On a motion of Councilman Graves, seconded by Councilman Shipsey, that High Street between Broad and Chorro Streets be referred to the Planning Commission for stud for possible abandonment and dropped from priority list "A ". On a motion of Councilman Graves, seconded by Councilman Miller, the Council approved phase 2, priority "A" except for High Street and that notice be sent to property owners in accordance with the provisions::of the 1911 Act'. Councilman Shipsey questioned the necessity of installation of sidewalks at 124 Highland Drive as he does not believe that it will serve any purpose of be of any benefit to the City. Councilman Graves stated that the Traffic Committee had studied this problem in particular and that the sidewalk is needed now as pedestrians, particularly school children, are required to walk in the street which is a definite hazard to them. Motion carried. Communication from the City Planning Commission reporting action taken on request of Arnold Teague for exception to curb, gutter and sidewalk requirement on Woodbridge Street. Councilman Miller stated that Mr. Teague was notified in writing prior to having his machine shop built, to have the City set grades for Woodbridge Street, and Mr. Teague built this shop with this information and is now located below the street grade and that he proceeded at his own risk and does not believe that the City is at faul t in this matter. Mayor Davidson stated that it was too late for Council action as•the'Planning ' Commission had already acted under the provisions of the Municipal Code and approved the exception to curb, gutter and sidewalk, but that he believes that filing of the covenant would protect the City. On a motion of Councilman Graves, ,seconded by Councilman Miller, that the City Council accept the report of the Planning Commission. Councilman Miller asked what action, if any, had been taken by the Commission in allowing gates to be placed in the fence in the rear of properties in the first Laguna Homes Tract allowing access to the drainage channel which was requested for access to the channel in case of possible = accident. Councilman Miller was informed that the Planning Commission had not studied this -3- matter but that it was up to the property owners, apparently, to do what they wished with the approval of'the City Engineer as the subdivider met the conditions of the subdivision by placing the fence in the first place. 10. Communication from the City Planning Commission forwarding for Council's approval, .the tenative map of Tract No. 279, Laguna Park Homes No. 9, setting forth conditions placed by the City Planning Commission. By common consent of the City Council, the map was approved and ordered received and filed. 11. Communication from Emmett McLain and Ralph Wagers asking that the City Council investigate the operation of. a photographic studio being operated at 350 Lincoln Avenue in violation of the zoning laws. Mrs. Stella Louis, 350 Lincoln Avenue, appeared before the City Council and explained operation of the photographic business located at above address. She stated that she and her husband do not operate a'photographic studio but have been processing photographs at their residence prior to 1950 and that she is sure that they have not caused any trouble since that time. Mr. Vaughn Taylor appeared before the City Council on behalf of Mr. Young Louis who was working'at this time and stated that Mr. Louis told him that they have been doing processing of film in their home since 1946, and that at no time had any complaints been made by their neighbors or anyone else, but for some reason these two (2) photographers had seen fit to make a complaint against him and he believes that this was motivated by jealousy of the Louis:d'peration. This matter was referred to the City Attorney and Planning Director for investigati and report to theCity Council. 12. Communication from the Muscular Dystrophy Association requesting permission to conduct a house to house appeal for funds during the week of December 1=7, 1962, was approved on a motion of Councilman Graves, seconded by Councilman Miller. 13. For the Council's consideration, a'petition to the Supreme Court to restore the right of prayer in schools was ordered'received and filed on a motion of Councilman Miller, seconded by Councilman Shipsey. 14. William Houser, City Attorney, informed the City Council that the Maino Constructioi Company had filed suit against the City for damages caused by the setback problem on Broad Street. On a motion of Councilman Shipsey, seconded by Councilman Graves, that the City Council retain William Houser, Jr., to represent the City in this case. Motion carried. Mr. Houser was requested to present a formal proposal for Council's adoption. 15. Communication from the Department of Finance, State Office of Planning, notifying the City Council that the City's application for Planning Grant has been approved, was ordered received and filed., 16. Communication from the California Citizen's Freeway Association forwarding a copy of answers to inquiries by this group from both Governor Brown and-Mr. Nixon, was ordered received and filed. 17. Report on the standing of the.cities participating in the 1961 -62 California ' Cities Employee Safety Contest, was ordered received and filed. 18. Communication from the Senate Fact Finding Committee on public health and safety notifying the City Council that the next hearing will be held on November 13 1962, in theState Building in Los Angeles, California, was ordered received and filed. 19. Confirmation of conversation between the State Division of Forestry and the County Department Of Public Health reviewing plans by the Division of Forestry to construct a perimeter fire break around Santa Margarita Lake and the sanitary measures being taken to protect the water supply was ordered received and filed. 20. Mayor Davidson reported to the Council on the League of California Cities meeting held in October, 1962, with particular reference to the League's action requesting an increase in gas_tax of lq to be divided between the cities and counties of California in order to help eliminate city and county street deficiencies. -4- b Mayor Davidson continued that there were several poor features in the League proposal which would continue to allow the state to control the expenditure of these additional funds and would be handled just as the present gas tax is allocated. He believes that this provision was wrong as the cities are better judges of what work is to be done in each city and that he did not agree that a sta agency should control these expenditures. He suggested that the City should petition the League Committee and state the City's views and recommendations for spending the money without any control of the state agencies. 1 R. D. Miller, Administrative Officer, reported as follows on the history of this proposal: "Cities had prepared critical deficiency reports as justification for proposed gas tax increase. The League's position was that if increases were allowed to be used forpurposes other than critical deficiencies, ;:Legislature might be fearful that cities would have to come back again in the near future for another increase. This would also greatly encourage organized opposition from the oil companies, auto clubs, etc. Also, the League had its best success when cities were united behind them in a particular program. If there was a divided front, other interests were usually successful in killing the program." Councilman Miller stated that he.agreed with provisions that the state set the standards and control expenditures so that major streets -are the ones improved. 21. Mayor Davidson reported to the Council on studies being made with Division of Highways regarding the relocation of Highway No. 1 from the freeway west to the city limits. He reported that studies of the four (4) proposed routes would-be in conflict with our new proposed water main from the new filtration plant and when this was brought to the Division of Highways' attention they stated that they would cooperate with the City and might be able to allow placement of water main within their right of way as they wished to cooperate and work very closely with the City Utility Department. 2. Mayor Davidson brought up for Council's attention a matter of the news story in the local paper regarding action ,taken by the Board of Supervisors to construct a road at Santa Margarita Lake to the White 0ak Flat area and asked if any of the. City Staff members had received communications or plans on this matter. City Administrative Staff reported that they had not received any communications or plans on this except for the story in the newspaper. 23. Mr. Miller, Administrative Officer, presented a report to the City Council on a conference he attended on Urban Growth in Agricultural areas held at the University of California on November 8, 1962. Report was ordered received and filed. On a motion of Councilman Shipsey, seconded by Councilman Miller, the meeting was adjourned at 10:25 P. M. Approved this,4&p day of _d, 6 � 1963. All 1