HomeMy WebLinkAbout11/12/1962Approved this ��,�day 196$.
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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.
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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.
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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
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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
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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
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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.
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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.
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