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HomeMy WebLinkAboutAPRIL 29,1958 I I ROLL CALL INSURANCE (Reservation of Rights) JjSf' In::ZXED ZONE CHANGE IIDEXED jlIsf 4228 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING APRIL 29, 1958 Pursuant to the order of adjournment of the regular meeting of the City Council of April 15, 1958, the City Council of the City of Arcadia met in regular adjourned session in the Council Chamber of the City Hall at 7:30 P.M, April 29, 1958. PRESENT : ABSENT: Councilmen Balser, Jacobi, Reibo1d, Phillips, Camphouse None The City Attorney stated that P~cific National Fire Insurance Company, one of the City's insurance carriers, had requested in writing that the City execute a reservation of rights under their po11cy affecting a certain claim f11ed against the C1ty and certain City officers, that said insurance carrier d1d not think they were liable under their policy on this c1a1m, but that the City Attorney thought they were. The City Attorney added that 1t was his recom- mendat10n tnat Counc11 not execute such document, as 1t 15 not requ1red; that the carr1er can send the C1ty a reservation of rights if it so desires, but that he would recommend that the request be tabled. After a general discussion ensued it was the consensus of the Council that the recommendation of the City Attorney be followed. Whereupon Mayor Phillips ordered the matter tabled, The City Attorney reminded the City Council that the matter of re- classification of property on the west side of North Fifth Avenue, between Huntington Drive and the Southern Pacific Railroad right of way, from Zone R-3 to Zone C-M with D-Zone overlay had been taken under advisement some time before; that proceedings had been duly instituted, hearings held before the Planning Commission culminating in its Resolution No. 239 recommending the CoM Zone, and D-Zone classification of architectural restrictions, and that proceedings had thereupon been held before the City Council; that there had been one protest, from Mr. E. J. Altmeyer, owner of the Wagon Wheel Lodge across the street in Monrovia, and the City of Monrovia had requested that the rezoning be held up until some means of securing improvements of the abutting street could be worked out. A general discussion then ensued between the Councilmen and it was the consensus that inasmuch as the property owners are willing to abide by the terms and restrictions of Planning Commission Resolution No. 241, that this matter should be settled at this time. Whereupon Councilman Camphouse moved that the recommen- dation of the Planning Commission, as contained in its Resolution No. 241, be approved and that the requested zone change for parcels of real property on the west side of North Fifth Avenue, between Huntington Drive and the Southern Pacific Railroad right of way, from Zone R-3 to Zone C-M with a D-Zone overlay, be granted, and that the City Attorney be instructed to prepare the necessary ordinance and resolution to effect the said change according to all the.terms and conditions as set forth by the Planning Commission. Councilman Reibo1d seconded the motion and it call vote as follows, with the recommendation that Councilman Balser refrain from voting at was carried on roll of Mayor Phillips this time as he had 1. 4-29-58 .422~ ORDINANCE No. 1015 ~ CENTURY ROCK PRODUCTS 113i ARCADIA BOWLING COURTS (Application On-Sale Liquor License) 13;;1/ not been present at the hearing before the Council but had been on the Planning Commission at that time. AYES: Councilmen Camphouse, Jacobi, Reibo1d and Phillips NOT VOTING: Councilman Balser NOES: None ABSENT: None The City Attorney then presented, discussed and read the title of Ordinance No. 1015, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA RECLASSIFYING CERTAIN REAL PROPERTY ON THE WEST SIDE OF NORTH FIFTH AVENUE IN SAID CITY AND ESTABLISHING THE SAME IN ZONE C-M AND ZONE D." The City Attorney added that prior to the Council meeting of I May 6, 1958 copies of the said ordinance and the resolution imposing the architectural restrictions would be sent to the Councilmen and that the ordinance can be adopted at that time if Council so desires and the resolution can also be adopted at that time and need not be introduced at this time, Councilman Camphouse moved that the reading of the full body of Ordinance No. 1015 be waived. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Councilman Camphouse moved that Ordinance No. 1015 be introduced, Said motion seconded by Councilman Jacobi, and carried on roll ~ call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibo1d, Phillips NOT VOTING: Councilman Balser NOES: None ABSENT: None Recommendation of the City Attorney that Council instruct the City Manager to write a letter to Century Rock Products, operators of city owned property along Peck Road, requesting that they fence their excavations in said locale. He commented that one of the pits has water in it; that the banks are steep and that with- out fencing a hazard would be created, Mayor Phillips queried as to whether this was not a prov~s~on of their lease. The City Attorney replied that this is a safety measure that the said operators have promised to comply with but have not done so; that although the matter could be handled on. an administrative level, he suggested Councilmanic action in order to have the matter in the minutes. Councilman Jacobi moved that the Council instruct the City Manager I to communicate with Century Rock Products, advising them that as a safety measure they forthwith install fencing around their excavations in said locale, Councilman Balser seconded the motion and it was carried unanimously, The City Attorney reported that he had further information on the matter of the Arcadia Bowling Courts' application for an on-sale general liquor license. He reminded the Council that this application had been protested by the Chief of Police and that on April 1, 1958 Council had passed Resolution No, 2999, protesting the granting of said license and requesting that a public hearing thereon be conducted in the City of Arcadia. That since that time said Bowling Court operators had conferred with the Staff and have now submitted plans for the reconstruction of their entire building. 'He presented said plans to the Council, which showed in part that the proposed cocktail lounge will be separated from the rest of the premises with no access to the bowling alleys or the coffee shop. That they have agreed to make an amended application for an 2. 4-29-58 I I (ARCADIA Bowling Courts Continued) 135''1 RESOLUTION No. 3008 n:.JEXED -.4230 on-sale general license with Alcoholic Beverage Control covering the cocktail lounge only and kitchen, not the coffee shop and not the rest of the premises. That they have also agreed to change the address to coincide therewith; have agreed not to permit the serving or sale of alcoholic beverages of any kind in all the rest of the premises including the coffee shop (although they presently can serve beer and wine, and do so, on the alleys), and ultimately to even take out the billiards, snooker and pool games. A general discussion ensued. Mayor Phillips felt that this was a step in the right direction and Councilman Camphouse felt that this would give the City more control. The City Attorney com- mented that in his opinion this is an opportunity to correct a bad situation and get rid of the beer and wine that is now served, the other types of liquor that are permitted under the on-sale license, restricting alcoholic beverages exclusively to the cock- tail lounge and necessarily to the kitchen, although there will be no serving in the kitchen. He added that the Staff had made no commitments other than that the matter would be presented to the Council; that if Council desires to act favorably he had drawn a resolution authorizing the withdrawal of the present protest. It being the consensus of the Council that this would be a good solution and that it favored these conditions, the City Attorney proceeded to read the title of Resolution No. 3008, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, WITHDRAWING PROTEST HERETOFORE MADE TO THE GRANTING OF AN ON-SALE LIQUOR LICENSE." He explained that the resolution recited in subscance che filing by the Arcadia Bowling Courts of an application with the Alcoholic Beverage Control Board for an on-sale general license covering the entire bowling .a11ey premises; the filing by the Chief of Police with the Department of Alcoholic Beverage Control of an official protest against the application, the adoption by the City Council on April 1, 1958, ?f Resolution No. 2999 protesting the issuance of a new on-sale liquor license, the agreement of applicant to file an amended application for an on-sale general liquor license restricting the sale and consumption of alcoholic beverages to the cocktail lounge and prohibiting the sale or consumption of alcoholic beverages in the other portions of the applicant's property on Morlan Place; that applicant has agreed to remodel the premises at said location; that concurrently with the filing by the applicant of an amended application with the Department of Alcoholic Beverage Control, superseding the application heretofore filed, the City Manager, Cicy Clerk and Chief of Police are authorized to withdraw the official protest heretofore made by said Chief of Police and the City Council, and that the withdrawal of said protest is contingent upon the filing by applicant of an amended application. Councilman Jacobi moved that the reading of the full body of Resolution No, 3008 be waived. Councilman Camphouse seconded th motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d and Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3008 be adopted. Said motion seconded by Councilman Camphouse, who added that he would like to qualify his yes vote by the fact that he does not in any way intend to change his basic philosophy as far as licenses are concerned, but that in this particular instance he feels that it gives Arcadia more control and that he would like to see more control on some of the licenses over which the City has no jurisdiction. Said motion was carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen None None Balser, Camphouse, Jacobi, Reibo1d, Phillips 3. 4-29-58 423:1 - LEAGUE OF CALIFORNIA CITIES INDEX;;D (YSP RESOLUTION No, 3009 lNDEXED CONFERENCE ATTENDANCE (City Attorney) INDCX2D ;is P HEALTH AND SANITATION COMMISSION !IS~ The City Attorney announced that no new delegate or alternate had been appointed to the Board of Directors of the Los Angeles County Division of the League of California Cities. He suggested that this be done by resolution and that if the Council would state its preferences he would present the title of the resolution, explaining that as drawn the resolution would name the Mayor as the official delegate and Councilman Camphouse as the alternate, He added that in his opinion it was important that Council members attend these meetings, particularly during the next six months as there is a study going on now on metropolitan government, Councilman Camphouse stated that in view of the importance of the situation he suggested that the resolution name Mayor Phillips as a member of the Board of Directors. Councilman Reibo1d then named Councilman Camphouse as an alternate. Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3009, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES," Councilman Reibo1d moved that the reading of the full body of Resolution No. 3009 be waived, Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Councilman Reibo1d further moved that Resolution No. 3009 be introduced, Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None The City Attorney advised that the minutes of April 1, 1958 failed to include the authorization granted him by the Council on said date to attend the attorney's section of the League of California Cities in Palo Alto, California April 23, 24 and 25, 1958. Whereupon Councilman Reibo1d moved, which motion was seconded by Councilman Jaoobi and carried unanimously, that the minutes of April 1, 1958 be corrected to include the following: I "CONFERENCE ATTENDANCE (City Attorney): Motion made by Councilman Reibo1d, seconded by Councilman Phillips and carried on roll call vote as follows, that Council authorize City Attorney James A. Nicklin to attend the attorney's section of the League of California Cities to be held in Palo Alto, California, April 23, I 24 and 25, 1958, expenditures not to exceed funds provided in the current budget; said expenditures to be substantiated by an itemized expense account upon his return. AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None." The City Attorney reported that the minutes of October 1, 1957, page 2, erroneously show Dr, C. S. Merrill appointed to the Health and Sanitation Commission for a term expiring July 30, 1961; that actually it should have been July 1, 1958 so that one expiration date occurs each year. Councilman Camphouse moved that the minutes of October 1, 1957 be corrected to show the term of Dr, C, S. Merrill on the Health and Sanitation Commission to expire July 1, 1958. Councilman Reibo1d seconded the motion and it was carried unanimously. Councilman 4, 4-29-58 ~111' . , ADJOURNMENT I I 4232 Camphouse further moved that Dr, C, S. Merrill be appointed to a full four year term on the Health and Sanitation Commission from July 1, 1958 to July 1, 1962. Councilman Reibo1d seconded the motion and it was carried unanimously. Motion by Councilman Camphouse, seconded by Councilman Jacobi and carried unanimously that the meeting adjourn, VVlvc ~ cP ~1_.~ Mayor -' ~r } ATTEST: eA;/)~ p, ]4-v ~ n A~ City Clerk 5. 4-29-58