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
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.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
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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
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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
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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