Minutes 1963-01-22 a~~~
Arro~ro ~rande~ ~alifornia
~anuary 22, 1963
1he ~`ity Couxicil. met in repular sessian wi_th fJ~a~or ~urt ~residing. ~resent were
~ouncilmen Lee, 'd~ood, Jacobs and ~~1c:~eil.
The minutes of the re~ular meetin; of ~am.zarv 8th and a~journed meeting of
January 12th, ig63 were ap~~roTTed as prepered.
Planning Cor~rri.ssioner Scnultz read the re~~ort re~arding the amendment to the
`irailer Grdinance in which the Planning ~%orr~n.ission r:commended that the Trailer
Ordinance not be amended at this time.
On metion of ~ot<.ncilma,n ~°iood, seconded b~.r ~ouncilman T~'Ici+leil, that the Council
supp~rt the recor~rlendation of the Flannin~ Cornma.ssion by not adopting the Atnendment
to the 1'railer Ordinance at this time. "Ayes" Co~ncil.men ~rdood, Jacobs, ?~ic~vea~~.
and i~Iayor ~urt. t1Noes" Gour~cilman Lee.
T~1rs. Shadaker requested that at the time the C:ouncil did allow the amer_dment
to the lrailer Ord.inance that they consicler tr•ailers be allowed on a smaller
parcel of land th~n three acres, as ' -re~U_iring such large ~rea ~na,~r i~,~pose a
ha-r~dship on those wa.shing to ~_ive in t~railer houses,
~~iaz,ror ''urt opened the discussion on the possible f.lood ha~:~ar~l being created
by the de,relopers of ~'ract No. 260. i~. Stanley ~rieb stated ~the develox~ers of
the tract have cleared all vegetation ~om the u~ner par~ of the tract ~hereby
leavinr; no flood control. i4,r. knderson o~..t.l~ ned the flood candition in '~rac~
~Jo. 260~ Trir. ~orn, the County of 5~n L~.~is O~~ispo I~ydraulic Ln~ineer~ stated his
office would przpare a report and sui~mit same to the Council as to the extent of
the flood l~azard. i~,r. i~avid stated the requirements regardir~ the f?.aod hazurd
were a~~;paren-e1.y omitted from the conditions regarding the ~ract when the final
map was submitted for an;~raval, howev~r final approval of t?-~e t.r.act cotild possibly
be held up until svcY~. t~me as ~ondition.s regardinU the flood hazard were e stablished.
On rnotion of
Councilman ti~ood~ seconded by Councilt,~an Lee, that the ~ity
A,ttorney be directed to t~ke suc':~ action as he deer~,s advi.sable to establish if
the subdivi d,er had comr~lied wi ~h the prova.sions of the ~'tizbdivision Ordinance and
to protect the in-terests of the ~it~ and its ~'itizens. All m~mbers present voted
rr~~e n ~
an motion of Councilman Jacabs, seconded b~~ Gouncilman adood that I•1r. ~.nderson
b~ authorized to proceed with the street l~?ghting ir~porvement plan as out3ined,
Al1 member•s present voted "Aye".
~n motion of Councilman Lee, second~d by ~ouncilman Jacobs that ~the agreement
netween the ~ity and ~ylvesterts ~ur~lar A3arins be aut~orized subject to the agree-
ment ay>proval by the ~:i_t~T Attorney and that the .~°~ayor be authorized to s~ o
the agreemen~ for the ~ity. All members prGsent voted "Aye".
C'r:ief ~:~_chardson~s re~ort regarding tne parkin~ ad.jacent to the theatire was
read by Couricilman Lee. After discus;,ion it was felt t'~~~at the report snould cover
the ent:i.re cos~ercial area in the rair Oaks ~`~rea and further study be given to
~_nclu.de required parking by one ~esolu-~_}_on.
Ci:iief Richardson's Repert regardino theatre control in other cits:es was
read by Councilman LF~<~, stating that in San Luis Obispo;and Santa 1"ia~ia the
theatres are checked in.termittently and that complete res~osibility lies with
the theatre ma3aagement, If they need assistance -the police are always on call.
~fter d.iscussion the ma.tter was held over to the next meet~n~ i?~ lieu of obtain.'ng
co~~ies of resolutions and. ordinances re~ard.ing theatre;_co~trol .i_n other cities,
ResolL.tion No. 563, entitled: "Hesolution of the Cit~ Council of the ~ity
af Arro~ro Grande ad~oting and submitting a budget for e~enditure of funds al~ o-
cated.irom the St<:te Highway fund to (~ities", was rea.d throu~h the title. Upon
i~:otion dulur made, secc;nded and unanimouslv carried further reading of the
resolu.tion w~s wa~v~d.
~.LsaLUlzorr ~To. 563
R}~;,SC;Li; lION OF `.CHE CI'l~Y ~OUAiCI~ CF `.CHE CITY OF ARROYO GNAl~i?E
ADOPTING ANi:~ S?~BtiIiTING A i3UDG~~T FOR 'r'~Xi'EI~IDIlt)R.'_~ OF FL3NAS
AI~LflCATED FRCT~T THE ~~Al'E HIGHWAY FUND T~ CITI'~S.
On motion of Councilman 11cT~teil, se>conded by ~ouncilman ~Tood, and bv the
following roll call vote, to-wit:
AY~: Councilman Lee, Wood~ i~7cNei1, Jaco~s and risayor ~urt
NOES: None
A~SENT: None
c~+~~:
~,rroyo Grande, ~alifornia
January 22, 1963 - page 2
the foregoing Resolution was adopted this 22nd day of January, 1963.
Resolution No. 56~, entitled: "Resolution of the ~ity Council of the ~ity
of Arroyo Grande adopting and submitting a budget for e~enditure of funds allo-
cated from the State Highway Fund to Cities" was read through the title, there-
upon, upon motion duly made~ seconded and unanimously carrie~, further reading
of the Resolutzon was waived.
R~50LUTICN TSO. 56~.
RES~JLL?TION OF THE CITY GOUi~CIL OF 1HE CITY OF ARROYO GRANDE
ADOPTIiVG Ai~TD SIJBI•:ITTING A BUDGx.~.,'T ~tOR EXP~?vT~IT'JRE OF FUNDS
ALLOCAIED FROI~~ iHE 5TATE i-ilG'r?WAY FU1VD TO CI1I~.
~n motion of Councilman :~Zc=~eil, s~conded by ~ouncilman Jacobs and by the
following roll ca.ll vote, to-wit:
Ayes; Councilmen Lee, Wood, McT~deil, J~cobs and I~Iayor ~urt.
Noes: None
Absent: None
Resolution No. 566, entitled: "Resalutio::,. of the City Counci~. of the City
of ~rroyo Grande adopting and subm~tting a budget for expenditure of State allo-
cated (:~NGINEER.ING) Funds.',' was read through the title. 3'herupon, upon motion
duly made, seconded and unanimously carried, further reading of the Resolu~ion
was waived.
~ESCLTJTION N0. 565
~ESCLU7'IOi~ OF TH~, CI'i'Y COU~~ICIL OF THE CITY QF AR~?OYO G1t.AIdDE
ADOriING ~IVD SUBP~I~1'TIPdG A, BUDGET ~'OP~ P~IVI?ITURE OF ST~TE
t1LLOCAT:~D (ENGI?~~''.~R.I~tG) FUNI~.
On motion of Couneilman McNeil, seconded by ~ouncilman Jacobs and by the
following roll call vote, to-wit:
AYES: Councilmen Lee, ~ood, McTdeil, Jacobs and Nlayor ~urt
NOFS. None
ABSENT: None
the foregcing R~solution wa.s adopted this 22nd day of January, 1963.
On motion of Councilman MeT~leil, seconded by ~onncilma.n Jacobs, that the city
accept a deed from ~ec,_zrity Title Insurance Co. for a 10 ft. strip of land to be
deeded to the City to widen Fair Oaks Ave. extension so the installation of Curbs
and gu.tters planned for 875, 879 and 885 Fair Oaks ~ve. e~tension will conform to
existing curb and gutters and the Director of ~'ublic '~~orks be directed to give
grades for the ins-tallation of said curb and gutt xs by Security litle Insurance
Co. upon receipt of said deed. xll members pr~~sent voted "A~re."
Mr, FJhitlock requested an e xtension of time be ranted him to evacua~~e the
condemned building on Branch ~tre~t to allow tt. Reese time to sell out his stock.
~fter discussion ;'~Ir. y°J'hitlock was advised by Attorne;~ ~avid that the time element
involved to a11ow ~1r. Reese to have a closing out sale was so lenGthy to conform
with the ~ity Ordinances to have such sale and thereupon the request was withdrawn.
On motion af Councilman iieNeil, seconded l~r Councilman Wood, to call for bids
to supply gasoline ~or th= C;tJ from ~'Iarch 1, 1963 thrnugh Aebraury 25th, 196l~
bids to be opened ~'ebruar~r ~.1th, 1963 at 2:JO p.rn. in the office of the Lir~~ctor
of ~ublic t~Jorks, 217~ ~ranch ~t. A~l members present voted "Aye."
Mr. i°iaurice Greene requested the Council to r eview the ~ity nesolution
regarding rates charged for auctions as he wished to establish a regular business
in the Czty of ~.rroyo Grande but tiaan-ted to be able to have auctions irregularly
and felt the rate that is presently charged is ta great. i`!Ia~;or Burt advised i+~r.
Greene the Council would take the matter under advisement and notify him at a
later date.
On motion of ~ouncilman :'-~cNei1, saconded by Councilman Lee, that the Council
set the hearing date of Febraury 26th, 1963 at 8;~0 ~.m. for the proposed
rezonin~ of ?Jalley Rd. P,io. 2~nne.~tion. ~11 memb~,rs present voted "Aye'~.
Qn motion of Councilman Jacobs, seconded by ~ouncilman I~Ic=`Jeil that the
improvements in Tract No. 139 be a ecepted by the ~ity and the bond be released.
All members present voted "Aye."
« ~
a.p ~e.:~
.Axroyo Grande, ~alifornia
January 22, 1963 - pag~ 3
I~Ir. Nick Lancaster was advised by xttorney liavid that the costs he incurred
on the enlargement of the water line on ~ast Cherry ~ve. could not legally be
refunded to h;rti, as such costs being ai~sorbed by the ~%ity was just Council polic~r
but not by established Ordinance or R:~solution. Councilma.n NIcl~teil wished to go
on record as s tating he felt t1r. ~aneaster was unfairly cliscr ~_minated against.
The previous Council had unneeessarily deviated from their basic policy regarding
water mains.
Resolution ?do. ~66 entit-:ed: "Resolution declaring that proceedings have
been initiated by the Council of the ~~t~r of Arroyo Grande to annex to said City
certain uninhabited territory described here~sn and designatea "lhe Tabb ~anch"
and giving notice of the proposed annexation;t w~s read through the title. Thereupon
upon motion duly r~ de, seconded and unanimously carried, .further reading of the
resolution was waived.
~.~so~u~r~o~ r~o, 566
~.'a~Sr:LUTION LEGLARING `iH~`1 PRpC;;~DT:'~TGS HIjUr Br;~,N
I?~I2'Ix~i~ED BY THE CC~U~CIL 0~' 1HE C?1'Y OF ARRC~Y~
~~t~E l0 ANNraX 10 SI~.ID CITY C~?.~1~IN ~Jidli~~il~I1ED
2'E~rt~~ITORY D~C~~.IB~D F-I~?.~,IN i~~d~ D~ST~rd~.TED '~THE .~ABB
~.AT~dC:Ir' kIVTD GI~T?"T~1^.~ T10iTG~ OF TH1!; i"?Or'0~'~L? ki1N::~;~A1 ~ON.
On r~otion of ~ounc-± lman IJIcNeil, seconded b,y ~ouncilman Jacobs, and b~ the
follow`_n.~ roll call vote, to-wi.t:
AY~s Councilmen Lee, P~4c~vei_l, Jacobs and T°ia~ror ~Urt
?1~ ~;S : idone
~3St,1dl: ~Tone
A~~'1AIP1 F~~~~M ~TOTI:JG: Councilrnan ti~ood
the foregoin~ r~esolution was adopted this 22nd day of January, 19b2.
A letter from Y~~erle ~+~illiams requesting Qurb g~°ades at the eorner of ~'arr~ll
~coad anci Elm Street, adjacent to his property, sothat they could install curb,
gutter and side~,~alks for tre prop~sed development they have planned for the
adjacent property.
Gn motion of ~ounc~_lman ~1ci~eil, seeonded by Co,~ncilman Wood that the D~rector
of Public ~=lorks be aut'_n_orized_ to proceed with ithe establishing of curb ~rades
and curb 7.ines on the s treet adjacent to i'terle Y~lilliams property. All members
present voted "A~re.?'
`1'he discussior_ of pondin; lots was o~ened bv Councilman 1sdood suggestin~ tha-~
per~:~aps a source for revenue toward the o~rerall drai_na~e could be obtained throu;h
a charge in con~unction wzth the building permits. l~i;-corney i~avid was instructed
to check the le~alit~r of such charge. ~ouncil~.n ~~oe~~ also stated he felt the
~ity should remain fler,ible in re~ard to °:~ondin~ lots, e~> ch case shoizld be handled
as an individual situation. i~2r. John Br~Zant of 1120 Linc3a ~r. was advised that
the subdivider had sioned anao,reement ~tta the ~ity oi Krroyo Grande regarding
the iiability and maintenance of the po~;din; lots on yinda Drive.
T~ir. xnderson discussed LJalnut Street, which is at the present time a private
road, but the propert~~ owners on the adjacent propertv wish to improve their
street and deed same to the City. P~`ir. ~nderson was instructed to obtain easements
from the propertJT owners.
Cou.:cilmar_ °~ood requested any 3etters from the Planning ~'ommission to ~he
Cou~~cil should be submitted to the Gouncil ~rith. their a,enda the Frida~T before
the Council meeting to ;i~r~ the Counc~lmen time to r eview the Plannin; ~ommissions
reports. Councilr,ian 'a~oo~ also requested that the follow~.n~ items be pu-t back
on the Council a6enda; Enjineering Service, ~~tater Rate ~rdinance, ~itv requirements
regarding pipe to be used in tl~e Cit_y ~~later System, Impro~rement of the C,_ty
Water Sutstem and the propased road from i'alcyon Road to Valleti• Road.
~,fter discussion on the proposed ~rdinance re~arding Cable T.V. it was
x~equested the ~rdinance be ~r=;pared and to have the first reading at the nex-~
Council ~rieeting.
Resolution No, 567, entitled: t'A I~esolution of the C~ty ~ouncil of the Gity
of Arro~ro Grande, authoriz?_n~ and. d.irecting the cancellation of General Fund
ti~~arrant ivo. 73~~ dat~d "anuary 8, 1963" was read through the title. i'hereupon,
upon motion duly made~ seconded and unanimousl.y carried, ~urther reading of the
r~esolution was waived.
,~t ~
a~~'`~
Arro~=o urande, ~alifornia
January 22, 1963 page
~~:~oy~lzo~ z1c. 567
A R`.;vOLUTI~~T OF 1H~ GITY COUTdCIL OF' THE CITY OF
AR~.OYO ~r~AIIDE, AUTHORIZING AND DIR'~;CTING THE
CANC~+JI.' ,LA,Z'ICN OF G~iV:~?.AL FiJND ~uAKR~,,NT IdO, 735
iiA~i~D JANUARY 8, 1963.
On motion of ~ouncilman Jacobs, seconded by Councilma.n Lee, and onthe followin~
roll call vote~ to-wit:
AYES: Counci.lmen Lee, ~ood, P1cPdeil, Jacobs and T°Zayor ~urt
NOES : i3one
A~SENi: None
the foregoing Resolution was adopted this 22nd day of `~anua.ry, 1963.
~n motion of Councilman McNeil, seconded by Cour:cilman Wood, that the
improvements of Grand Ave, be accepted and the contractor be pairl ~.n full excepting
the10~ retention required for 35 days a~ter approval of the project. ~11 membe~s
present voted 'ri~ye~n
On motion of ~ouncilman ~ee, seconded by Councilman Jacobs the meeting
adjourned at 11:~7 p.m. All memi?ers pr~:?sent vo-ted ~~Aye."
OR
~
ATTk»ST:
G CL K
Asroyo urande, ~'alifornia
~anuary 2la., 1963
Special T~ieeting 5s30 p.m.
The special meeting of the City Council was called to order with 1`'ayor ~urt
presiding. Councilmen Lee, ~acobs, j~cNeil and tilood reported present,.
Upon motionof Councilman McNeil~ seconded bTr Councilman Lee that the meef~ing
be recessed for the Council to hold an executive session. All membe~s pr"sent
voted. "~ye."
ihe Council reconvened at b:52 p.m.
The City ~lerk was instructed to draw up a warrant payable t o-ihe County
~lerk, San Luis ~bispo County, in sufficient amount for filing transcript costs
on appeal of the garbage contrc:ct suit.
On motion o£ Counc~.lrnan I1~cNei1, seconded by Couneilman Lee, that the Council
en;a~e the services of the ~.aw firm of reter Kardel to represent the ~%ity in the
~lppeal of the Peterson `Jel~sus the City of Arroyo Grande (Garbage ~ontrac~) c;~se
upon the determination by i~iayor Burt of the financial obligation. A31 members
present voted "Aye.~'
No further business the me~ting adjourned at 7:10 p.m. ~
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ATTr.~T:
CTTy C K