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HomeMy WebLinkAboutAPRIL 6,1965 1 '~noo PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (3-16-65) HEARING (Harris - Zone change) -!1-1d'10 1 16:6501 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ~EGULAR MEETING APRIL 6, 1965 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall at 8 P.M. April 6, 1965. Rev. Eugene E. Collins, Pastor, Arcadia Friends Church Mayor Dale E. Turner PRESENT : ABSENT : Councilmen Balser, Considine, Forman, Reibold, Turner None MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the Minutes of the ~egular Meeting of March 16, 1965 be approved as submitted in writing. Planning Commission Resolution No. 541 recommending the amendment of the regulations applicable to certain real property abutting Live Oak Avenue and Lynrose Street between Tyler and'Lenore Avenues under its classification in Zone 'D' (architectural overlay). The Planning Commission, at the request of the City Council, had made a study and reviewed the zoning regulations applicable to the subject property wherein it was concluded that existing manufacturing businesses were creating traffic, parking and appearance problems in the area. Regulations to improve the situat~on are embodied in saiq resolution. Mayor Turner then declared the hearing open to those who desired to speak to the matter. Robert Lucas, ,5639 Farna Avenue in County territory, spoke in favor of the contents of the resolution and stated that he has not been able to contact the County Supervisor and therefore was asking the City Council to see what could be done about the situation, referring to the traffic generated by the employees of the industrial businesses and the parking on adjacent residential streets. Max Cregor, 5633 Farna Avenue in County territory, referred to the noise factor con~ected with children playing on the parking lot on Lynrose Avenue. The City Clerk read two communications, 1) from R. G. Harris, owner of the subject industrial property, in which he asked for an oppor- tunity to meet with the staff on the matter and 2) from Mr. & Mrs. Joseph W. Suchora, 5619 Cochin Avenue (County territory) opposing the proposed zone change as it would obliterate the view of the mountains. Mr. Harris addressed the City Council stating in part that he would like to meet with the staff as he felt certain that any problems could be resolved. 1. 4-6-65 SPECIAL USE PERMIT (Denied) P: UtlV-'(M'-~ TRACT NO. 16769 (Final Map) APPROVED .j: /077 HEARING SCHEDULED (Zone change) SKIPLOADER (Sister City project) A ; ~J'A7L' ~ RESIGNATION (Recreation Commissioner) L ~&--,--,(t.:.v c.e, ,-A^,- . l6:65Q2 Projecturals of the subject property were reviewed. It being the consensus of the City Council that the matter should be handled on the Planning Commission level, MOTION was made by Councilman Forman, seconded by Councilman Reibold and carried unanimously that the hearing be CLOSED. MOTION was then made by Councilman Reibold, seconded by Councilman Forman that the matter be referred back to the Planning Commission and discussions are to be held with the owner, Mr. Harris, resident representative and the staff. Mr, Harris to be notified by letter when the meeting will be held. 1 Planning Commission Resolution No. 544 recommending the denial of a requested Special Use Permit for a geriatric and orthopedic conva- lescent hospital on property at 504 and 508 W. Huntington Drive. The City Clerk advised that an appeal had not been received. MOTION was then made by Councilman Considine, seconded by Councilman Balser and carried unanimously that the recommendation of the Planning Commission be accepted and that said application be denied. On MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimous~y the FINAL map of Tract No. 16769 (between Lemon and Estrella Avenues west of Baldwin Avenue) was APPROVED subject to conditions set forth in the Planning Department report dated March 23, 1965. A public hearing was scheduled for May 4, 1965 at 8 P,M. on Planning Commission Resolution No. 543 recommending upon specified conditions the reclassification of property located at 653 Fairview Avenue from Zone R-3 to Zone PR-3 and to Zone C-2 and D (architectural overlay). Application filed by Kent Chevrolet. The Sister City Commission advised that it is now ready to implement its "Skiploader Project" which is a drive to raise funds with which to purchase a skiploader to be sent to Arcadia's Sister City, Tripolis, Greece, ald requested financial assistance in making the down payment; that the equipment initially purchased on deposit would be displayed throughout the drive; that the balance of the estimated purchase price ($3000 to $5000) will be derived from donations. MOTION was made by Councilman Considine, seconded by Councilman Balser and carried on roll call vote as follows that the sum of $1000 be transferred from Council General Contingency Fund Account No. 409-28 to the Sister City Program Account No. 409-32-4, said sum to be used as a down payment on the purchase of a skiploader. 1 AYES: NOES: ABSENT: Council~en Balser, Considine, Forman, Reibold, Turner None None The City Council accepted with regret the resignation of Recreation Commissioner Robert W. Watkinson, on MOTION by Councilman Reibold, seconded by Councilman Balser and carried unanimously. The City Clerk will advise as to the responsibility for making the new appointment. 2. 4-6-65 RESURFACING STREETS (Bid award) dl011 1 EQUIPMENT PURCHASE (Recrea~icm) P: f-CVt Rvv EQUIPMENT PURCHASE (Brush chipper) P.' D;i ~.v'v / 1 WORK COMPLET'ION (Reservoil: roofing) /, ::flO.s l- .:.. 16:6503 The recommendation of the Director of Public Works and the City Manager was APPROVED or MOTION by Councilman Reibold, seconded by Councilman Forman and carried on roll call vote as follows that the low bid of Griffith Company in the amount of $39,878.80 be accepted for resurfacing of major streets; that all, other bids be rejected; th~t any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney. (Gas Tax Pl:oject Job No. 293) AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None , None The recommendation of the Purchasing Officer ~nd the City Manage~ was. APPROVED on MOTION by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows that the low bid of the Educational Equipment, Inc. in the amount ,of $3,410.40 be accepted for the purchase of six sets of bleachers for the Recreation Department; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney. AYES: NOES: ,ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None " . Funds are available in Account No. 450-54 for the purchase of two sets of bleachers and for the purchase of four sets funds are available in the Parks and Recreational Facil~ties Fund. The recommendation of the Purchasing Officer and the City Manager was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that the low bid of the Forestry & Utility Supply Company in the amount of $3,865.60 be accepted for the purchase of a trailer-mounted brush chipper; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney. The price is f.o.b., Arcadia and includes taxes and a trade-in allowance for a used brush chipper. AYES: NOES: ABSENT : Councilmen Balser, Considine, Forman, Reibold, Turner None None Funds for this expenditure are reflected in the current budget Account No. 433-F-54. On MOTION by Councilman Forman, seconded by ~ouncilman Considine and carried on roll call vote as follows the work as performed by J. D. Diffenbaugh, Inc., in the construction of Santa Anita Reservoir No. 1 Roof and Appurtenances and the roofing of the Santa Anita Reservoir No. 2 was ACCEPTED and final payment AUTHORIZED in accordance with the terms of the contract dated August 4, 1964. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None 3. 4-6-65 SIDEWALK SALE (WAB&PA),J II: PI...... (April 24) CIRCUS (WAB&PA)R A:P (April 14 - 15) ClTY SCHOOL SWIMMING POOL AGREEMENTS f /01& 16:6504 On MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried unanimously the request of the West Arcadia Business & Professional Association for permission to hold a sidewalk sale on Saturday April 24, 1965 between 10 A.M. and 5 P.M. was APPROVED, including permission to prohibit parking on both sides of Baldwin Avenue between Duarte Road south to Naomi Avenue. On MOTION by Councilman Reibo1d, seconded by Councilman Balser and carried on roll call vote as follows the West Arcadia Business & Professional Association was granted permission to hold an Easter Circus in the parking lot west of the stores located on Baldwin Avenue between Duarte Road and Noami Avenue; APPROVAL was given the various rides and animal shows as specified in the co~~pication dated March 25, 1965 from the Association and license fees in connection therewith were also WAIVED. I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The proposed Swimming Pool Use and Construction Agreements were reviewed. The City Manager advised that they differ slightly from those previously submitted; that the Use Agreement now provides for the availability to the City of the facility during the summer vacation period of each year, It was noted that the construction cost is not limited to $30,000 as in the original proposed agreement, however, a provision is embodied therein that it would only be by mutual consent that a higher bid could be accepted for the con- struction. The Use Agreement was then APPROVED on MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously and the Mayor and City Clerk were authorized to execute the agreements in form approved by the City Attorney. Some discussion held on the Construction Agreement with Councilman Considine stating for the record: "I object in principle to things changing after Council action is taken. In this instance we do have the chance, either by acceptance or rejection of the contract. In the original proposal as it was submitted we were asked if we would participate in the pool con- struction and the City agreed that we would pay one third of the cost up to and not exceeding $30,000 which gave the District the oppor- tunity to spend as much money as it wanted but it limited our liability to only $30,000. This particular contract changes that concept and if the cost exceeds $90,000 or one third participation, it would take the agreement of the two parties to proceed. So this has become restrictive on the District to the extent that they will not go ahead as originally contemplated if it exceeds the $90,000 level and also gives the contract the opportunity to be expanded beyond the original $30,000 to which we had pledged ourselves initially. I think in this case in all probability if it would only amount to several hundred dollars none of us would complain about that, but I object to starting a program on one basis and winding up with something that is different. If we held to our original $30,000 with the District paying any more if they wanted, it gives them the leeway they originally requested. It gives them the funds that they originally requested. Here we are going to be laying ourselves open to an additional liability that we didn't specifically contemplate at the initial onset of this program," 1 4. 4-6-65 16:6505 Councilman Reibold then MOVED that the Construction Agreement be APPROVED and that the Mayor and City Clerk be authorized to execute the agreement in form approved by the City ,Attorney, Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: Councilmen Balser, Considine (with the, aforementioned stipulation), Forman, Reibold, Turner None None :. ['. NOES: ABSENT: IAMENDMENT An amendment to the Los Angeles County Ordinance No. 5582, CIVIL DEFENSE establishing an Operational Area during a state of extreme emergency -" m,1 was APPROVED on MOTION by Councilman Considine, seconded by A:C1/~ )Y~~~Councilman Balser and carried unanimously. RESOLUTION NO. 3776 Adopted SALE OF CITY OWNED PROPERTY. i ' (Duarte Road) j-g.;;;.o 1 STREET CLOSING (July 4) II: PK BENCH PERMITS !h tuF. r:2t ' -u{.JA/ Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3776, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR CITY RECOGNITION OF THE LOS ANGELES COUNTY OPERATIONAL AREA ORGANIZATION." MOTION by Councilman Reibold, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 3776 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None -".f' Councilman Reibold further MOVED that Resolution No. 3776 be adopted. Motion seconded by Councilman Forman and carried on 'roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Manager advised that the Elrovia Company has exercised its option for the purchase of property at 82 - 118 W. Duarte Road in the amount of $200,000, by the opening of an escrow; that the escrow instructions were approved by the City Attorney and the legal description of the property was approved by the Engineering Department. On MOTION by Councilman Considine, seconded by Councilman Balser and carried unanimously, the City Manager was authorized to execute the escrow instructions. The request of Andrew Hudig, 2131 Louise Avenue, for permission to close Louise Avenue from Longden Avenue and Arthur Street to First Avenue on July 4, 1965 from 8 A.M, until 10 P.M. to permit the residents to hold a picnic, BBQ and dancing was APPROVED on MOTION by Councilman Reibold, seconded by Councilman Balser and carried unanimously_ The residents to be responsible for barricading the street during said hours. On MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously the applications for bench permits filed by the 5. 4-6-65 DONATION A: PR. HOSPITAL ADDITION iJ 85' ",'I... RACING SEASON '/'\.Sf MOUNTED POLICE BUILDING dl57 FREEWAY PROPERTY DEEDED TO STATE 4-1078--/1 16:6506 California Bench Company were APPROVED for three locations: corner Duarte Road and Holly Avenue, N/E corner Duarte Road El Man te Avenue and the N/E corner of Las Tunas and Warren benches will not carry advertising. S/E and Way, The Mayor Turner ordered FILED the communication advising that the Arcadia Junior Woman's Club had made a total donation of $425 during the month of March to the Recreation Department for the Wilderness Park Nature Program. (This matter received official action later in this meeting): 1 The plans for a 95' addition to the building classified as the Nurses Quarters at the Arcadia Methodist Hospital were approved on MOTION by CounCilman Reibold, seconded by Councilman Considine and carried unanimously. Said approval is in compliance with the Agreement and Lease by and between the City and the Hospital Foundation of the MethOdist Church Section 5 (e). (The building to be used for storage purposes). Mayor Turner ordered FILED the communication advising that the attendance for the 1964-65 thoroughbred racing season was 1,713,561 which is in excess of the previous year. It also set forth that $68,916.57 was expended for extra traffic control during the season. MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll tall vote as follows that the sum of $3,500 be transferred from Reserve for Capital Improvement Projects Account No. 285 in the General Fund to Capital Projects Account No, 627 Mounted Police Building improvements, and that the City Manager be authorized to expend said sum for the improvements as listed in his report of March 31, 1965. AYES: NOES: ABSENT : Councilmen Balser, Considine, Forman, Reibold, Turner None None A part of the agreement between the State of California and the City requires that the State construct a 60' right of way, Santa Clara Street from the flood control channel easterly to Fifth Avenue. The City has agreed to deed to the State a 40' right of way formerly occupied by the Pacific Electric Railway without cost to the State, therefore, MOTION was made by Councilman Reibold, seconded by Councilman Forman and carried on roll call vote as follows that the Mayor and City Clerk be authorized to execute a deed in form approved by the City Attorney, to the State of California, all real property described as follows: 1 "That portion of Lots 5 and 6 in Block 134 of Santa Anita Tract, as shown on map recorded in Book 34, Pages 41 and 42 of Miscellaneous Records, in the Office of the County Recorder of said County, described as follows: "A strip of land, 40 feet wide, included within the Southern Pacific Railroad right of way as described in deed recorded in Book 423, Page 269 of Deeds in said office, said strip of land shall extend westerly from the easterly line of said 6. 4-6-65 tPID TRANSIT lSTRICT , , '4/09G"' EQUIPMENT PURCHASE (Service Garage) p:: &tJ~~ TRACT NO. 23623 8-19 d-- Accepted STOP SIGNS s:~~~ :,'1/ RESOLUTION NO. 3778 1 16:6507 Lot 5 to the easterly boundary lines of that certain land designated as Parcel 110 in Case No. 717171, Los Angeles County Superior Court, notice of the pendency of said action was recorded in Book M-221, Page 213, of Official Records in said office." AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Council went on record as supporting the Southern California Rapid Transit District Legislative Program as contained in its report of March 26, 1965, on MOTION by Councilman Forman, seconded by Councilman Reibold and carried unanimously. (Report on file in office of the City Clerk). In order to proceed with furnishings for the Equipment Service Garage, MOTION was made by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the sum of $2000 be transferred from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Improvement Projects Account No. 305 Furnishings for the Equipment Service Garage to cover the purchase of items listed in a report dated March 24, 1965. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The recommendation of the Director of Public Works, the Water Superintendent and the City Manager was approved on MOTION by Councilman Balser, seconded by Councilman Forman and carried unani- mously that the improvements in Tract No. 28623 (Palm Circle and Rodell Place) be accepted for maintenance by the City. On recommendation of the Director of Public Works and the City Manager stop signs were authorized for installation for north and south bound traffic at Sixth Avenue at the offset intersection of Camino Grove and Leda Lane, and for east and west bound traffic at Camino Real and Eighth Avenue on MOTION by Councilman Reibold, seconded by Councilman Forman and carried unanimously. Whereupon the City Attorney presented, explained the-content and read the title of Resolution No. 3778, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING AS STOP INTERSECTIONS THE INTERSECTION OF SIXTH AVENUE WITH LEDA LANE FOR SOUTH BOUND TRAFFIC, THE INTERSECTION OF SIXTH AVENUE WITH CAMINO GROVE FOR NORTH BOUND TRAFFIC, AND THE INTERSECTION OF CAMINO REAL WITH EIGHTH AVENUE FOR EAST AND WEST BOUND TRAFFIC, AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT." MOTION by Councilman Forman, seconded by Councilman Considine and ,carried on roll call vote as follows that the reading of the full body of Resolution No. 3778 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None 7. 4-6-65 COLORADO BOULEVARD (Traffic hazard) PROPOSED COMMUNI'l:Y REDEVELOPMENT AGENCY d/O'I(-A 16:6508 Councilman Forman further MOVED that Resolution No, 3778 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None In answer to an inquiry by Councilman Considine it was stated that steps were being taken to ascertain what can be done to eliminate the traffic hazard at Colorado Boulevard and Colorado Place. 1 In compliance with City Council instructions, the City Manager. prepared and submitted a draft of a proposed ordinance for the Agency along with various justifications for the es tablishment of same. The proposed ordinance would accomplish the purposes of Ordinance No. 1278 which was introduced but not adopted on February 16, 1965, and in addition would specify restrictions and limitations upon the power of the Agency. The preamble of said draft defines the reasons for the"Ag€ncy as well as intents and purposes. Various aspects of the implementation were discussed at length with Councilman Considine stating in part that the Council appears to be closer to an acceptable procedure than heretofore, based on his personal contact with residents; that he would like the benefit of an informative bulletin setting forth just how a person participates in such a program; that he feels it would be out of line to condemn property if a majority of landowners in a specific area resisted; that it would be helpful to have preliminary budget figures, Mayor Turner stated for the record that in his opinion the City should not go into a specific area if 50 per cent participation of the property owners of the area could not be gotten within a reasonable or given period of time; that the City should not place itself in a position of exercising its right of eminent domain in such an area. He suggested two methods 1) by petition with 50 per cent or more of the property owners in a given area t? come in with the Agency because they were not able to develop under the private enterprise system or 2) the City choose the area most needed for development, ask for participation and acquire 50 per'cent or more of the property by voluntary sale; that all negotiations and all purchases, in his opinion, must be accomplished strictly and without deviation from the appraised value that is submitted by a recognized appraiser up to the time that it might be contested and a court might determine otherwise; that with the foregoing he would be ready to go ahead with the plan. Councilman Reibold observed in part that a project might constitute 1 any part of one of the twb specified areas as defined in the subject ordinance, Peck Road and the Central Area, as long as it had a minimum size of 90,000 sq. ft., or a square block; that the City Council must retain entire control of the Agency; that it may not have the funds with which to do so. He referred to the need for funds for special counsel, assistance to the Manager, appraisal fees, title reports, etc. Both Councilmen Balser and Forman favored going ahead with the establishment of the Agency by the adoption of the procedural ordinance and that the provision for eminent domain was necessary for the full implementation of the program. 8, 4-6-65 PER&> NNEL (Maintenance) III,,""",,,,,,,,,, COMMENDATION (League of Women Voters) A; p~ lrust Agreement (Dunn) .g- q~'1 . ..) , " 1 00'''''' A;~~ RESOLUTION NO. 3777 Adopted 16:6509 With the consent of the Council members Mayor Turner instructed the staff to prepare an estimate of the cost up to the point of final approval of at least one project area; also to change the procedural ordinance and submit at its earliest convenience. The recommendation of the City Manager was APPROVED on MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the City Council authorize the addition of two maintenance men positions in the Public Works Department and delete the gardener position in the Water Department. Funds are available for this function in the 1964-65 Budget, Mayor Turner ordered filed with appreciation the letter from the Arcadia League of Women Voters pertaining to the cooperation it has received from the City Council and staff. Discussion was held at length on the contents of the letter from Mrs, Alan p. Dunn, 101 Palm Drive, regarding Resolution No. 2512 and a Trust Agreement in connection with Tract No. 27619 which was completed by Council action on July 16, 1963. Mrs, Dunn was advised that the City Council had received copies of all communications and staff reports and had studied same. The City Attorney explained at length the resolution (No. 2512); that it is a declaration of policy as recommended by the Planning Commission and approved by the City Council to encourage the orderly resubdivision of property; that the trust arrangement was decided upon by a policy resolution not for the benefit of the subdividers, although they may receive some benefit therefrom, but for the benefit of private property owners because improvements are made in '\i::..c~-. they are under no compulsion to uSe or to pay for until they are so ready. If they do not use them in 20 years then they may so do without cost. He stated further in part that there are only two ways in which the trust under discussion could be undone, 1) on a voluntary basis by the parties to the trust; or 2) if the City were so inclined it could contribute toward the trust fund if they thought that errors had been made. It being the consensus of the City Council that its prior decisions were proper and that no further action is required, MOTION was made by Councilman Reibold, seconded by Councilman Balser 3,'J ~~D,I~mously carried ~llat t::c communication be FILED. Pursuant to the City Charter, MOTION was made by Councilman Forman, seconded by Councilman Balser and carried unanimously that the donation of $425 from the Arcadia Junior Woman's Club be accepted and used for the purpose for which it was donated: Recreation Department- Wilderness Park Nature Program, The City Attorney presented, explained the content and read the title of Resolution No, 3777 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 ANO SECTION 3 OF RESOLUTION NO. 3727." 9. 4-6-65 16:6510 MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3777 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turaer None None Councilman Balser further MOVED that Resolution No. 3777 be adopted, Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None 1 RESOLUTION NO. 3779 Adopted The City Attorney presented, explained the content and read the title of Resolution No. 3779 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE SALE OF CITY- OWNED REAL PROPERTY TO THE STATE OF CALIFORNIA." MOTION by Councilman Forman, seconded by Councilman Reibold and carried on roll call vote as follows that the full body of Resolution No. 3779 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Forman further MOVED that Resolution No. 3779 be adopted. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Attorney recalled that sometime ago by the authorization of the City Council by resolution, the Stipulation for Judgment in the litigation between the Upper Basin and the Central Basin was authorized and signed and then likewise by resolution the execution of a reimbursement contract was authorized. That Agreement provided by its terms that a validation suit would be brought by the Upper San Gabriel Valley Munioipal Water District for the purpose of validating the contract in accordance with the provisions of the Water Code. The effect of such a suit would be to have a judicial determination that the contract was authorized by law, was in fact duly executed by 1 the parties, and that the parties signatory were duly authorized to sign it, and that the contract is binding upon all signing parties. Such a suit has been filed and the summons has been published, LITIGATION Upon recommendation of the City Attorney it was MOVED by Councilman Forman, seconded by Councilman Reibold and carried unanimously, that the City Attorney be instructed to attend the hearing at the time the matter is presented to the Court, but without the necessity of filing a formal appearance or answer unless subsequent developments indicate the necessity or desirability of so doing to ascertain that judgment will be entered in accordance with the prayer in the complaint, with the exception of Paragraph 'f' of the prayer which asks for relief 10. 4-6-65 AUTOMOBILE LICENSE FRAMES 1 "J ""'=,," 1 ~ 16:6511 beyond that which a number of the attorneys feel should be set forth in the judgment, Councilman Balser called attention to an attractive frame designed for an automobile license by the Kent Chevrolet Company. Mayor Turner advised that he had received letter of appreciation from five members of the Boards and Commissions who had attended the dinner given for them recently. Mayor Turner adjourned the meeting at 10:25 P.M. ,{" j~~~ Mayor Turner ATTEST: ~7~~~ City Clerk 11, 4-6-65