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HomeMy WebLinkAboutJUNE 4,1963 "I '''''''''''' PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (5-21-63) HEARING (Be II ) (F:643) I HEARING (Gallal ) (F:966) 15: 6011 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA JUNE 4, 1963 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 P.M., June 4, 1963. The Invocation was offered by Rev. William H. Clayton, Pastor of the Community Foursquare Church. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT: ABSENT : CounciI~n Balser, Butterworth, R.eiboId, Turner, Phillips None Councilman Balser MOVED that the'minutes of the regular meeting of May 21, 1963 as submitted in writing be amended by amending page 12, paragraph 5, adding to said paragraph the following: "....that the staff and City Attorney add to the City's ordinance regarding the removal of buildings the words 'equipment and materials', and as thus amended, said minutes be approved. Councilman ReiboId seconded the motion which was carried unanimously. Mayor Phillips declared the hearing open on the application of Lawrence R. Bell, 5218 N. McClintock Avenue, Temple City, to continue the existing business of selling and purchasing used furniture and appliances, known as the Live Oak Furniture Company located at 164 W. Live Oak Avenue, Arcadia, California, and inquired if anyone desired to address the Council with regard to the subject matter. The applicant, Mr. Lawrence R. Bell, addressed the Council, stating that he had nothing to add to the information contained in his application, but would answer any questions propounded by the Council. There being no questions, it being stated that under new management, and no one else desiring Butterworth ~ that the hearing be closed. the motion which was carried unanimously, this is an existing business to be heard, Councilman Councilman ReiboId seconded Councilman ReiboId MOVED that the Council grant permission to Mr. Lawrence R. Bell to continue the operation of the existing business of selling and purchasing used furniture and appliances, under its name of Live Oak Furniture Company, at 164 W. Live Oak Avenue, Arcadia, California. Councilman Butterworth seconded the motion which was carried unanimously. Hearing on application of Joseph O. GaIlal for a business permit to conduct a family recreation center with twelve pocket billiard tables at 1025 South Baldwin Avenue. A view of the area was shown on the visual screen indicating the subject property located on the west side of Baldwin Avenue between Arcadia and Fairview Avenues, across from Bowling Square. It was explained that there is an existing drive-in restaurant at the corner of Arcadia and Baldwin Avenues; that the subject property is zoned C-2 which permits billiard and pool halls; that the applicant proposes to occupy a building yet to be constructed as a family recreation center, the cenler to be a billiard parlor containing 12 pocket billiard tables and to be operated seven days a week from 10:00 A.M. to 12:00 midnight. 1. 6-4-63 15:6012 The City Manager advised that on May 23; 1963 an application for the issuance of a business license was received by the City for a beer tavern to be located in the same development and that at this time the City is attempting to protest the issuance of a permit for the beer tavern by the Alconolic Beverage Control on the basis that it would be detrimental to the residential properties in the area; that the location adjacent to an exist- ing drive-in restaurant (corner of Arcadia and Baldwin Avenues) could create policing problems and the subject application, if granted, would be affected if tne facilities were located adjacent to a beer tavern. Mayo~ Phillips then declared the hearing open on and inquired if anyone desired to speak in favor application. the subject application of the granting of said I Mr. Joseph O. GallaI, the applicant, residing at 506 Santa Cruz Road, addressed the Council, stating in part that the proposed facilities at the subject location were the same as described at a hearing held February 19, 1963, at which time he had requested a business permit to establish and operate a 20 table billiard room at 37 East Huntington Drive. That this new image of billiards, created by the Brunswick Company, could be an integral part of bowling centers; that the proposed facilities would be a family type recreational center; that there would be no gambling; and that in his opinion the subject location would be ideal for the proposed business and ~ould not be detrimental to the area. No one else desiring to speak in favor of the requested permit, Mayor Phillips stated that the Council would now hear those in opposition to the granting of the requested business permit. The following persons addressed the Council, stating IN ~: Mr. Jerry Cole, 326 Fairview Avenue, General Sales Manager of Kent Chevrolet located at 850 S. Baldwin Avenue, and President of the West Arcadia Business & Professional Association: That he was protesting the granting of the requested permit on behalf of himself and the following persons not present at this hearing: Mr. Tom McKibben of Santa Anita Travel, 1110 South Baldwin Avenue Mr. George Sanders of Colonial Pharmacy, 1326 South Baldwin Avenue Mr. M. A. Shenbaum of Richards Mens Store, 1315 South Baldwin Avenue Mr. Henry Provost of Hub Hardware, 1311 South Baldwin Avenue Mr. A. L. ViselIi of Arcadia Floor Covering, 1202 South Baldwin Avenue Mr. Jack Vail of VaiIs Jewelers, 1275 South Baldwin and the following persons present at this hearing: Mr. L. E. Beauchamp, Insurance, 870 W. Duarte Road (Treasurer of West Arcadia Business & Professional Associaton) I Mr. James R. Weitz, Manager of WAB&PA and member of the Board of Directors said association) Mr. I. E. Hollander of Hollander Appliances, 1228 South Baldwin (Past Presi . of WAB&PA) Mr. Dave Barron of Barrons Pharmacy, 1271 South Baldwin Avenue (Past President of WAB&PA and member of the Board of Directors of same) Dr. John F. Stewart, Dentist, 630 West Duarte Road Mr. Don Ehr, Assistant Manager of Hinshaws Department Store and member of the Board of Directors of WAB&PA Mr. Jack Schmitz of Jack the Toy Man, 1220.South Baldwin"Avenue. Dr. Robert L. D'Arcy, Optometrist, I228~ South Baldwin Avenue Mr. Cole continued in part that their..opposition was primarily directed at the proposed location of the facilities; that in their opinion this would have a deterring effect on the area and could result in a serious policing problem. 2. 6-4-63 lS:6013 I In answer to questions propounded by the Council, Mr. Cole advised in part that the matter had not been brought before the Board of Directors of the West Arcadia Business & Professional Association officially but that of the members and businessmen in the area polled by telephone one hundred per cent had indicated opposition to the proposed facilities. That in spite of the claim that the new type billiard center could not be equated with the old type, it was felt that such a recreation had not changed; that it would draw all types of clientele; that the opposition waa not against pool halls per se but was opposed to such facilities in the proposed location. That if it were determined that the matter ahould be brought before the Board of Directors of the West Arcadia Business & Professional Association, the pictures and literature of the proposed facilities emanating from Brunswick would be shown. That the persons present at this hearing were individually opposed to the proposed facilities in the subject location and within at least a 20 block radius; that there would be no opposition to the billiard tables being located in Bowling Square as there is more parental guidance there. Mr. Don Ehr, 215 W. Pamela Road: That he concurred with Mr~ Cole. He propounded in substance the following questions of the Council: Had this alleged modern type billiard room been investigated as to its success in other areas; is the applicant experienced in this new type venture, and is the City ready for an experiment; have any young people indicated a desire for such recreation; and would it be a real 'addition to the West Arcadia.business area? That in his opinion there were no affirmative answers to any of the questions; that this could be compared to spot zoning; that it should be a part of a recreational center; that there is no precedent to indicate that it will differ from the old time pool hall. In answer to Councilman Butterworth's comment that there had been no vote taken on the matter by the Board of Directors of the West Arcadia Business & Professional Association and that everyone would be more satisfied if this were done, Mr. Ehr replied in substance that the survey which had been made was, in his opinion, sufficient to indicate the position the Board of Directors would take and that such position would not change by continuing the matter two weeks or a month based on the information presently obtain- able. Dr, Robert D'Arcy: That his teenage son had narrated experiences of some of his friends who frequented bowling alleys with billiard tables and on that basis he would oppose this type of facility in Arcadia; that he was not opposed to billiards or pool per',se and would not oppose such facilities in Bowling Square; that such an enterprise would not attract the ded~ element of patronage and would have a deterring effect on the community; that in his opinion the application should be denied on the basis that it is not in the best interests of the City or the children residing therein. I No one else desiring to be heard, Councilman Reibold MOVED that the hearing be closed. Councilman Balser seconded the motion which was carried unanimously. Councilman Reibold further MOVED that the Council deny the application of Joseph O. Gallal for a business permit to conduct a family recreation center with twelve pocket billiard tables at 1025 South Baldwin Avenue. Councilman Balser seconded the motion. Councilman Butterworth observed in substance that although Mr. Gallal had received Councilmanic approval of his application for the same type of enterprise on Huntington Drive in Downtown Arcadia and that he had voted in favor of it under the belief that the majority of the Downtown business- men would support the project, that subsequent events indicating opposition o~ such businessmen had caused Mr, Gallal, a man of good conscience and a 3. 6-4-63 15:6014 feeling of responsibility to the community, to withdraw his application. That with regard to the subject matter, if the West Arcadia Business & Professional Association is opposed, he would vote against the subject application. However, inasmuch as the businessmen seem to equate the proposed facilities with the old type pool hall, in his opinion action should be continued until a more comprehensive survey can be made by the West Arcadia Business & Professional Association. Councilman Butterworth then MOVED that the hearing be continued to the next Council meeting (June 18, 1963). Councilman Turner seconded the motion. Councilman Turner stated in part that in his opinion the presentation, including pictures and literature, made by Mr. Gallal at the hearing for I similar. facilities proposed to be located on Huntington Drive, would not indicate an equation with the old type billiard and pool hall; that after a more thorough investigation and after having an opportunity to see the illustrations of the subject facilities, as distributed by the Brunswick Company, and becoming aware of the fact that the Brunswick Company will spend large sums of money to promote billiards, the West Arcadia Business & Professional Association might view the project more favorably. He also commented on the fact that bowling alleys as they are today could not, in his opinion, 'be equated with those in the past. Councilman Butterworth commented that inasmuch as no member of the West Arcadia Business & Professional Association had been present when Mr. Ga~laI had illustrated his first request with pictures and literature that there could be no harm in having such a presentation made to the Association; that Mr. Gallal is a responsible businessman in this community and should be given a hearing. . Councilman Reibold stated in part that when the application was before the Council for the facilities to be located in Downtown Arcadia he had voted for approval of the application because he believed the facilities would have improved a building in need of upgrading. That after the permit was granted, for reasons known to those involved, certain pressures were brought to bear causing Mr. Gallal to withdraw his application; that there were no factors in the subject situation which would bar similar pressure being applied; that the pressures might become stronger. That in his opinion there are two things involved: (I) that the merchants do not happen to want this type of business next to theirs; and (2) that the operation was objectionable per se to the people of Arcadia. That he could see no difference in the matter before Council. at this time and that he would personally oppose the continuance. Councilman Balser stated in part that he did not question but that Mr. Gallal has a good development for a recreation center; however, that in his opinion the game of pool has not changed and is not a des~rable business in any area in Arcadia and that he was opposed to the amendment to continue the mat ter . Mayor Phillips pointed out that there would be only three Council~n presentl at the Council meetings for the next two or three months and fOl that reason the matter would not be postponed for merely two weeks but probably all . summer. The following roll call was then taken on the amendment proposed by Councilman Butterworth: AYES: Councilmen Butterworth, Turner NOES: Councilmen Balser, Reibold, Phillips JlJlSENT: None The motion to deny the application was then carried on the following roll call> AYE~: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABS~;NT: None 4. 6-4-63 15:6015 APPOINTMENTS TO BOARDS AND COMMISSIONS: CIVIL DEFENSE (Dow) (A:CD) CIVIL DEFENSE (Mergen) (A:CD) I LIBRARY BOARD (Nourse) (A:LB) PERSONNEL BOARD (Winslow) (A:PB) PLANNING COMMISSION (Golisch) (A:'PLC) PLANNING COMMISSION (Ferguson) (A:PLC) RECREAtION COMMISSION (Fuerst) (A:RC~ . I AGREEMENT (Engineering Servic~s) (F:95l) MOTION by Councilman Butterworth, seconded by Councilman ReiboId and carried unanimously that the Council approve the reappointment of Mr. Robert W. Dow, 416 West Camino Real, Arcadia, to the Civil Defense and Disaster Board, said ,appointment to run to June 30, 1967. MOTION by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that the Council approve the reappointment of Mr. Kenneth R. Mergen, 900 West Orange Grove Avenue, Arcadia, to the Civil Defense and Disaster Board, said appointment to run to June 30, 1967. MOTION by Councilman Butterworth, seconded by Councilman Turner and carried on roll call vote as follows that'the Council approve the appoint- ment of Mr. John L. Nourse, 906 Panorama Drive, Arcadia, to the Library Board to fill the vacancy occasioned by the retirement from-the Board of Mr. J. L. Young, said term to run to June 30, 1967: AYES: Councilmen Balser, Butterworth, Turner, Phillips NOES: Councilman ReiboId ABSENT: None MOTION by Councilman,Turner, seconded by Councilman Butterworth and carried unanimously that the Council approve the reappointment of'Mr. R.ichard G. Winslow, 245 Longley Way, Arcadia, to the Personnel Board, said appointment to run to June 30, 1967. MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the Council approve the reappointment of Mr. Ervin H. Golisch, 835 Coronado Drive, Arcadia, to the Planning Commission, said term to run to June 30, 1967. MOTION by Councilman Butterworth, seconded by Councilman Turner and carried unanimously that the Council approve the reappointment of Mr. Kermit ferguson, 305 Armada Road, Arcadia, ~o the Planning Commission, said appointment to run to June 30, 1967. ' MOTION by Councilman Balser, seconded by Mayor Phillips and carried unanimously that the Council approve the appointment of Mrs. Ernest J. Fuerst, 2732 Holly Avenue, Arcadia, to' the Recreation Commission to fill the vacancy occasioned by the retirement of Mrs. John Unland, said term to run to June 30, 1967. Mayor Phillips requested the City Clerk to notify the various Boards and Commissions and the appointees of the above appointments and to secure plaques for presentation to Mr. J. L. Young and Mrs. John Unland, expressing the appreciation of the City for their years of service to the City. MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and approve the agreement for engineering services for the Orange Grove Reservoir and appurtenances between the City of Arcadia and Engineering Sciences, Inc., and ~hat the Mayor and City Clerk be authorized to execute said agreement on behalf of the City: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None 5. 6-4-63 CALL FOR BIDS (Santa 'C1ara Street Extension) (F:696) INSURANCE (F:lns) CENTRAL AREA MORATORIUM (Nichols) (F:899) 15:6016 . Councilman Balser MOVED that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the extension of Santa Clara Street, from Santa Anita Avenue to Huntington Drive, be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications after receipt of State Division of Highways approval of plans and specifications, expenditures for same being provided for in the presently budgeted State and County gas tax funds and Capital Projects funds. Councilman Butterworth seconded the motion which was carried unanimously. MOTION by Councilman Butterworth, seconded by Councilman Turner and I carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the City Controller and authorize the transfer of $4,600 from Council Contingency Account No. 409-28 to Insurance Account No. 409-61 - one year automobile liability insurance premium payment covering the period June 9, 1963 to June 9, 1964, being due in June 1963 and an additional amount being required in the General City Insurance Account No. 409-61 for this payment, charges to said account being as follows: Item Health Insurance Workmen's Compensation (Advance) Workmen's Compensation (61-62 revised additional premium) Title Insurance - Property Sale to Arcadia Industries 1 Yr. Automobile Liability BudRet Estimate $25,000.00 25,000.00 Expended $20,703.70 30,000.00 4,241.79 99.00 8,000.00 (Est.)- 7,500.00 Total Appropriation $58,000.00 Total Estimated Expenditures $62,544.49 AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips NOES: None ABSENT: None The City Manager advised that Mr. C. B. Nichols, owner of the property at 46 LaPorte Street desires to lease said property to Bowman's Sheet Metal and the newsstand distributor of the Los Angeles Times; that said property is in an area designated as research and development in the Central Area Plan and also in the area designated as the 2nd phase of the timing for research and development zoning. That permitting the subject building to be occupied by these two firms would perpetuate the economic life of a building which should be torn down. Discussion ensued. It was stated in part that the plan was never I intended to result in businessmen going out of business; that until the,. plan is adopted some temporary relief should be available and the Council given the discretion of providing such relief. The City Attorney advised that if the Council is of the opinion that the ' moratorium should be relaxed to take care of specified situations an ordinance will be required so to do, such ordinance giving the Council the right to authorize the issuance of occupancy permits as to existing structures with a time limitation. Whereupon Councilman Turner MOVED that the Council instruct the City Attorney to prepare an emergency ordinance to be presented later in the evening, such ordinance giving the Council the prerogative of making decisions as to occupancy of existing buildings within a given area, and the power to make a time stipulation where necessary and advisable. Councilman Balser seconded the motion which was carried unanimously. 6. 6-4-63 CENTRAL AREA MORATORIUM (San Gabriel Valley Lumber) (F:899) I STREET LIGHTS (Huntington Drive) (F: 980) CALL FOR BIDS (Cast Iron I Pipe) - (F:982) STOP SIGNS (Intersection Santa Anita & Virginia) . 15:6017 Action on the preceding to be taken later in the meeting after the adoption of the proposed emergency ordinance. Request of San Gabriel Valley Lumber Company to make minor alterations to building at 57 Wheeler Avenue. MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that the Council accept the recommendation of the City Manager, approve the Central Area Plan as to the subject property for which application is made and approve the issuance of a building permit to the San Gabriel Valley Lumber Company to make minor alterations to a building at 57 Wheeler Avenue in accordance with plans submitted by said company on May 29, 1963. The City Manager submitted a report dated May 29, 1963 from the Director of Public Works outlining four plans for the illumination of Huntington Drive, from Holly Avenue to MichiIlinda Avenue, said report being in ~ddition to the report dated April 29, 1963 submitted to the Council May 7, 1963 on the subject matter, the additional report being in compliance with Councilmanic request for further information. R.ecommendation of the City Manager and the Director of Public Works that the fourth plan, as outlined in the report of April 29, 1963 be accepted, said plan utilizing the Southern California Edison Company owned wood and steel poles, the wood poles to be used to be those now existing; that said plan does not propose new wood poles for lighting, it being anticipated that a number of existing wood poles could be removed and any new poles required to be of the Edison steel type. That the estimated cost is $4,370.00. MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Director of Public Works, approve the fourth plan as outlined in the report dated April 29, 1963 (copy on file in office of the City Clerk) of the Director of Public Works and authorize the Department of Public Works to proceed with the installation of street lights on Huntington Drive, between Santa Anita and MichiIIinda Avenues, and the appropriation from Capital Projects Funds of $4370 for the installation of steel poles: AYES: Councilmen Balser, Butterworth, R.eibold, Turner, Phillips NOES: None ABSENT: None MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that the Council accept the recommendation of the Water Superintendent; that the plans and specifications for the furnishing of cast iron pipe be approved as submitted; that the City Clerk be authorized to call for bids for such material in conformance with said specifications, expenditures for same being provided for in the 1962-63 budget, Water R.eserve and Depreciation Fund, Major Projects, Main R.eplacement, said bids to be opened June 17, 1963 and submitted to the Council at the regular meeting of June 18, 1963. Communication dated June 3,1963 from Mrs. Thomas M. Plyler, Chairman of the Safety Committee of the Highland Oaks Parent-Teacher Association, was read, said communication in substance seeking relief from a hazardous traffic condition in the Highland Oaks School area, particularly on Santa Anita Avenue at its intersection with Virginia Drive. 7. 6-4-63 DRIVEWAY STANDARDS (Relief) (F:Driveways) ORDINANCE NO. 1212 (Emergency - Adopted) CENTRA1. AREA MORATORIUM (Nichols) (F:899) 15:6018 Mrs. Plyler addressed the Council, requesting its endorsement of the installation of a boulevard stop at said intersection. She mentioned a report from the Chief of Police which recommended against such installation as not meeting the criterea established for stop signs. Also that the City Manager had indicated that stop signs would make the crossing more hazardous since through traffic would have a tendency to ignore or fail to see a stop sign at this point. After extensive discussion and the Council concurring in the policy of not holding firmly to an established criterea where the safety of children is concerned, Councilman Balser MOVED that the Council authorize the installation forthwith of stop signs at the intersection of Santa 1 Anita and Virginia Avenues. Councilman Reibold seconded the motion. After further discussion and suggestions as to signs being erected so many feet in advance of stop signs indicating a stop sign ahead, and the value of flashing lights in the interim, Councilman Balser ADDED to his MOTION that consideration be given to stop lights in the subject intersection in the future. Councilman Reibold agreed to this addition to the motion, which was then carried unanimously. Discussion was held on the request of Mr. and Mrs. William Cline of 1066 Singingwood Drive for relief from driveway standards as provided in Section 7212.1 of the Arcadia Municipal Code in the construction of their new home at 980 Singingwood Drive. The City Manager advised that plans showing an asphalt drive and approach for the new construction were approved; that a building permit was issued December 12, 1962, a month prior to the approval by the Council of the new standards; that while the building permit as well as other required permits were issued prior to January 15, 1963, the permit for the curb cut and drive approach was not applied for until last week. It being the consensus of the Council that inasmuch as construction of new homes in the area has been almost saturated and that the esthetic appearance would be more pleasing if the subject driveway were asphalt, in keeping with practically all the driveways in the Upper Rancho area, Councilman Butterworth ~ that the request of Mr. and Mrs. William Cline for relief from Driveway Standards as provided in Section 7212.1 of the Arcadia Municipal Code be granted. Councilman Reibold seconded the motion which was carried unanimously. The City Attorney presented and read in its entirety Ordinance No. 1212 entitled: "AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 1198 BY ADDING THERETO A NEW SECTION 5-B." Councilman Turner declaring Ordinance No. 1212 to be an emergency I' . ordinance necessary for preserving the public peace, health and safety, and that it will take effect immediately upon its adoption, ~ that the Council adopt Ordinance No. 1212. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None After discussion held earlier in the evening regarding the request of C. B. Nichols to lease property at 46 LaPorte Street, which is in the Central Area Plan, and by reason of the adoption of Emergency Ordinance No. 1212, Councilman Balser MOVED ~~at the Council authorize the issuance of an occupancy permit to C. B. Nichols to use the property at 46 LaPorte Street for Bowman's Sheet Metal and the newsstand distributor of the Los Angeles Times for a period not exceeding two years. 8. 6-4-63 CENTRAL AREA MORATORIUM (Arcadia Body Trim) (F:899) I' CENTRAL AREA MORATORIUM (Walsh) (F:899) CENTRAL AREA MORATORIUM (Hench) (F:899) CENTRAL AREA MORATORIUM (Bailey) (F:899) CENTRAL AREA MORATOR.IUM (Singer) (F: 899) FIREWORKS (American Legion) (A:PR.) REFUND (Park) (F:Ref.) 1 BID AWARD (Legal Advertising) (F:18I) 15 :6019 Councilman Butterworth seconded the motion which was carried unanimous ly. MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that the Council authorize the issuance of an occupancy permit to Arcadia Body Trim to occupy the premises at 320 East Huntington Drive. MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that the Council authorize the issuance of a certificate of occupancy to Herman S. Walsh to operate a beer tavern at 73 West Huntington Drive for a period not to exceed two years. MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the Council authorize the issuance of an occupancy permit to Warren Hench to operate a precision machine shop at l57-D Santa Clara Street. MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the Council authorize B. W. Bailey, owner of the Hickory Burger Drive In to install a drive-thru window on the west side of his building at 14 East Huntington Drive. MOTION by Councilman R.eibold, seconded by Councilman Turner and carried unanimously that the Council authorize the issuance of an occupancy permit to Aaron Singer to use a portion of the building at the southeast corner of LaPorte Street and First Avenue for the conduct of a shoe repair business. MOTION by Councilman Turner, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and authorize the American Legion, Arcadia Post No. 247, to sell fireworks July 2, 3 and 4, 1963 and that the permit deposit in accordance with Section 6424.2.4 be waived, and that said Post conduct a fireworks display in the County Park on the night of July 4, 1963. MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that the Council accept the recommendation of the License Officer and authorize a refund of $10.00 to Mr. and Mrs. C. R. Park, being 757. of the unused portion of the ~icense fee for the 12 unit apartment house at 759 Fairview Avenue, said building having been sold: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried on roll call vote as follows that a contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation during the ensuing fiscal year be awarded to the Arcadia Tribune, Arcadia, California, in accordance 'with> its bid received June 3, 1963 (copy on file in office of the City Clerk) and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract, in form approved by the City Attorney: AYES: Councilmen Balser, NOES: None ABSENT: None Butterworth, Reibold, Turner, Phillips 9. 6-4-63 COUNTY BOUNDARY COMMISSION ORDINANCE NO. 1202 (Adopted) ORDINANCE No. 1208 (Adopted) 15:6020 Brief discussion ensued on the Charter provision pertaining to this requirement. Mayor Phillips ordered filed notices from the County Boundary Commission of the following proposed annexations inasmuch as they have no effect on Arcadia: No. 42 - City of South El Monte No. 327 - City of El Monte The City Attorney presented,for.'the. second time, explained the content 1 and read the title of Ordinance No. 1202, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9255.1.2, 9255.1.3 AND 9255.2.9; BY AMENDING SECTIONS 9255.1.1, 9255.1.4 9255.1.6, 9255.1.7, 9255.1.8, 9255.1.9, 9255.2, 9255.2.1, 9255.2.2, 9255.2.3, 9255.2.5, 9255.2.6, 9255.2.7, 9255.2.8, 9255.2.10, 9292.1 AND 9292.1.5 THEREOF; BY ADDING TO TITLE 1 OF DIVISION 5 OF PART 5 THEREOF A NEW SECTION 9255.1.10; BY ADDING TO TITLE 2 OF DIVISION 5 OF PART 5 THEREOF NEW SECTIONS 9255.2.10.1, 9255.2.10.2, 9255.2.10.3, 9255.2.11, 9255.2.12, 9255.2.13, 9255.2.14, 9255.2.15, 9255.2.16, 9255.2.17, AND 9255.2.18; BY ADDING TO DIVISION 5 OF PART 5 THEREOF A NEW TITLE 3 ENTITLED I PLAN PROCEDURE I CONTAINING SECTIONS 9255.3 THROUGH 9255.3.4; AND BY ADDING TO DIVISION 5 OF PART 7 THEREOF NEW SECTIONS 9275.1.28, 9275.1.29, 9275.1.30 AND 9275.1.31." MOTION by Councilman ReiboId, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1202 be waived: AYES: Councilmen Balser, Butterworth, ReiboId, Turner, Phillips NOES: None ABSENT: None Councilman ReiboId further ~ that Ordinance No. 1202 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as Eollows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: Councilman Turner ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1208, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.22 OF THE ARCADIA MUNICIPAL CODE BY RECLASSIFYING FROM R-I TO ZONES M-l AND D (ARCHITECTURAL OVERLAY) OF PROPERTY WITHIN ANNEXATION NO. 30, SOUTHEAST ARCADIA (UNINHABITED)." MOTION by Councilman Balser, seconded by Councilman Butterworth and 1 carried on roll call vote as follows that the reading of the full body of Ordinance No. 1208 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None -Councilman Balser further MOVED that Ordinance No. 1208 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, ReiboId, Turner, Phillips NOES: None ASSENT: None 10. 6-4-63 ORDINANCE NO. 1209 (Adopted) 1 ORDINANCE NO. 1210 (Adopted) 1 15:6021 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1209, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE BY RECLASSIFYING FROM ZONE R-3 TO ZONES C-2 AND D (ARCHITECTURAL OVERLAY) PROPERTY LOCATED AT 745 to 805 WEST DUARTE ROAD IN SAID CITY." MOTION bu Councilman Butterworth, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1209 be waived: AYES: Councilmen Balser, Butterworth, ReiboId, Turner, Phillips NOES: None ABSENT: None Councilman Butterworth further MOVED that Ordinance No. 1209 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, R.eibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1210, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 3420 AND 3421 OF THE ARCADIA MUNICIPAL CODE AND ADDING NEW SECTIONS 3411, 3420.1, 3420.2, 3420.3 AND 3421.1 THERETO." Mr. Glen H. Meyer, 184 La Sierra Drive, addressed the Council, inquiring in substance as to whether the proposed gate requirements have proven successful in other communities; that if such requirements have been proven to prevent accidents he would favor them. The City Attorney explained the reasons for the proposed requirements, citing a decision of the District Court of Appeals holding against a property owner who had a gate across his driveway which had been propped open while he was washing his car, enabling a child to gain access to the pool without his knowledge. Councilman Turner inquired as to the outcome of his suggestion that the subject ordinance specify which side of the gate opening was to be posted. The City Attorney stated that the ordinance had not been corrected in that respect and suggested that it might be well to place a sign on both sides. Councilman Balser MOVED that the reading of the full body of Ordinance No. 1210 be waived. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Balser further MOVED that Ordinance No. 1210 be adopted. Motion seconded by Councilman ReiboId and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None II. 6-4-63 ORDINANCE NO. 1211 (Adopted) RESOLUTION NO. 3594 RESOLUTION NO. 3597 15:6022 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1211, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9251.2.3, 9252.2.3, 9253.2.2, 9254.2.2 AND 9255.2.2 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Butterworth, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1211 be waived: AYES: Councilmen Balser, Butterworth, ReiboId, Turner, Phillips NOES: None ABSENT: None 1 Councilman Butterworth further MOVED that Ordinance No. 1211 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3594, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO THE REAL PROPER.TY LOCATED WITHIN ANNEXATION NO. 30, SOUTH- EAST ARCADIA (UNINHABITED) UPON ITS CLASSIFICATION IN ZONE D (ARCHITECTURAL OVERLAY) ." Councilman Turner stated that he did not agree with that paragraph of the subject resolution requiring all buildings to be set back ten feet from the front property lines as they exist after any street dedication has been made; that in his opinion this is a waste of ground; that he believes five feet is sufficient. That he equates this property with the east side of Peck R.oad. The Planning Director stated that the City has the same D overlay applicable on property on Peck Road and on Live Oak Avenue. MOTION by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3594 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Balser further ~ that Resolution No. 3594 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: 1 AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3597, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO REAL PROPERTY LOCATED AT 745 TO 805 WEST DUARTE ROAD UPON ITS CLASSIFICATION IN ZONE D (ARCHITECTURAL OVERLAY)." 12. 6-4-63 1 15:6023 ~IOTION by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3597 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Turner observed that a five foot planting area, particularly on the north and west side of the structure was adequate in his opinion. Upon his reference to the maintenance 'of the planting area the Planning Director advised that the plans indicated a sprinkling system for such maintenance. Councilman Reibold MOVED that Resolution No. 3597 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: Councilman Turner ABSENT: None AUDIENCE PARTICIPATION: MATTERS FROM CITY OFFICIALS: No one in the audience desired to address the Council. TURNER (Leave 0 f Absence) BUTTERWORTH (Leave of Absence) BUTTERWORTIl (Greece) BUDGET (1963-64) ADJOURNMENT 1 MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that Councilman Turner be granted a leave of absence from attendance at the Council meetings commencinL June 19 to and including August 27, 1963. MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously that Councilman Butterworth be granted a leave of absence from attendance at Council meetings from June 18, 1963 to and incIuding- July 2, 1963. On behalf of the Council, Mayor Phillips authorized Councilman Butterworth to represent the City of Arcadia as its Mayor during his sojourn in TripoIis, Greece (June 24, 25 and 26,1963). MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that a public hearing be scheduled for July 2, 1963 at 8:00 P.M. for the presentation of the 1963-64 fiscal year budget. At 10:25 P.M. Mayor Phillips declared the meeting adjourned. '- f/(~ ~~ Muf.~ ' Mayor Phillips ~J!h,-u'2J~~~/X ./ City Clerk ATTEST: - 13. 6-4-63