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HomeMy WebLinkAboutOCTOBER 2,1962 I INVOCATION PLEDGE OF ALLEG~ANCE ROLL CALL APPROVAL OF MINUTES (9-18-62) FOREIGN EXCHANGE STUDENTS HEARING (Greene lie Becker - Motel 6) (F:935) I 15:5792 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA OCTOBER 2, 196? 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., October 2, 1962. The Invocation was offered by Rev. Jack Scharn, Pastor of the Arcadia Church of the Nazarene. Mayor Butterworth led in the pledge of allegiance to the Flag. ,..-' PRESENT: ABSENT : Councilmen Balser, Phillips, Reibold, Turner, Butterworth None Councilman Phillips MOVED that the Minutes of the Regular Council Meeting of September 18, 1962 be approved as submitted in writing. Councilman Turner seconded the motion which was carried unanimously, with the exception of Mayor Butterworth who abstained due to his absence from said meeting. , Mayor Butterworth presented and tendered a brief background history of the following foreign exchange students attending the Council meet- ing, together with Mrs. Dorothy Bryant, President of the American Field Service, accompanying said students. Miss Idaura Ibrahim, from the Federation of Mayla and attending Arcadia High School. Mr. Levent Seral from Instanbul, studying at Arcadia High School. Mr. Joe Giovanini,current Student Body President at Arcadia High School, who attended school in Antwerp last year as an exchange student. Application of Paul A. Greene and William W. Becker for a zone variance on property located at 225 Colorado Place to permit the construction and operation of a 122 unit motel. Hearing portion closed at Council meeting of September 18, 1962 and matter continued to this meeting for a full complement of the Council, inasmuch as the determination of the Council at said meeting of September 18, 1962 was tied.~. Mayor Butterworth (absent from Council meeting of September 18, 1962) advised that he had read the minutes of the Planning Commission and the Council on the subject matter, as well as the staff reports, and had listened to the tape recording of the September 18, 1962 Council meeting on the subject matter; also that he was familiar with the subject property but had not viewed the applicants' motel in Santa Barbara. Mayor Butterworth continued, that although the subject property is zoned R-3, with motels in the immediate vicinity (in zone C-2) and it would be logical to assume that a motel would be a proper use for the subject property, in his opinion and judgment the number of units proposed for the motel would create a density contrary to the recent determinations of the Council to better the community and lessen the density as exemplified in the restrictions of Zone R-3-R. Mayor Butterworth commented that the argument raised that there are too many motels in the community did not impress him, this being an argument that, in his opinion, the Council has no right to consider; also the 1. 10-2-62 HEARING (Harris ) (F:936) ORDINANCE NO. 1192 15:5793 contention that if the subject property were C-2 the Council would have no jurisdiction with regard to the number of units; that he had been unaware there was no limitation on density in Zone C-2 on motels and felt this should be corrected, He recommended that the subject be submitted to the staff for study and recommendation in the reason- ably near future on the control of density of motels in zone C-2, No one else desiring to be heard, Councilman Reibold repeated his MOTION of September 18, 1962 that the application of Paul A. Greene and ~illiam W, Becker for a zone variance on property located at 225 Colorado Place, 'to permit the construction and operation of a 122 unit motel be denied. Councilman Turner seconded the motion which was carried on roll call vote as follows: I AYES: Councilmen Reibold, Turner, Butterworth NOES: Councilmen Balser, Phillips ABSENT: None Mayor Butterworth declared the hearing open on Planning Commission Resolution No, 459 recommending reclassification, upon certain conditions, of property located at the southeast corner of Live Oak Avenue and Lenore Avenue, from Zone R-3 to Zone C-2, and inquired if anyone desired to speak to the matter, Mr, Joseph 0, Gallal, 506 Santa Cruz Avenue, addressed the Council, stat- ing in part that he is the purchaser of the subject property, the sale being presently in escrow; that the applicant was unable to be present at this meeting due to unavoidable, circumstances; that he proposed to build small retail stores on the property if the requested rezoning is 1 approved; that in his opinion the type of structure would be beneficial to the City and that he would abide by the conditions recommended by the Planning Commission, The Planning Director explained the recommendations of the Planning Commission as contained in its Resolution No, 459, adding that condition "b" gives the City control as to the quality of the development, but such control will be limited, not continuing control as in a D overlay, No one else desiring to be heard. Councilman Turner ~ that the hearing be closed, Councilman Reibold seconded the motion which was carried unanilllOusly, Councilman Turner further ~ that the Council accept the recommen- dations of the Planning Commission as contained in its Resolution No, 459 and authorize the reclassification of property at the southeast corner of Lenore and Live Oak Avenues from Zone R-3 to C-2, Councilman Phillips seconded the motion. The City Attorney commented that condition "a", with regard to the alley, should be clarified. Mr, Phelps advised that the staff preferred that the existing alley continue westerly in a straight line rather than curving I to Lenore Avenue, The purchaser, Mr, Gallal, expressed his willingness so to do. The City Attorney then suggested that the applicants offer to dedicate 20 feet for the westerly extension of the alley, the offer to contain a statement that the alley would be improved concurrent with the improvement of the property, said offer to be made prior to the adoption of an ordinance containing the Council's determination to authorize the requested zone change. The suggestions meeting with the approval of the Council, the above motion was carried unanimously. The City Attorney thereupon presented, explained the content and read the title of Ordinance No. 1192, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233,21 OF THE ARCADlA MUNICIPAL CODE BY RECLASSIFYING FROM ZONE R-3 TO ZONE C-2 2, 10-2-62 I ZONE VARIANCE (Nursery School) (F:937) I 15:5794 PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LIVE OAK AND LENORE AVENUES IN SAID CITY." MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1192 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Reibold further MOVED that Ordinance No.1192 be introduced, it being understood that prior to its adoption the applicant shall tender an irrevocable offer, in form approved by the City Attorney, to dedicate for street .and alley purposes a strip of land 20 feet wide extending the existing alley south of Live Oak Avenue westerly to Lenore Avenue in an approximately straight direction, and likewise agreeing to improve the same to City standards concurrent with any development of the property. Councilman Turner seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Planning Commission Resolution No. 460 recommending approval of zone variance request of Emilie and Luben Balabanoff to permit the use as a nursery school and day camp of the property at 716 West Huntington Drive. The City Clerk advised that a communication had been received from Mr. Frederic C. Schultze dated September 18, 1962 and another undated communication from Mr. Schultze subsequent thereto; that copies of such communications were submitted to the Council and staff. Mayor Butterworth ordered said c~mmunications filed and made a part of the record. The City Clerk stated that a staff report dated September 27, 1962 has been received from the Director of Public Works and the Superintendent of Building and Safety to the City Manager, recommending approval of a variance from Section 8130.7 of the Arcadia Municipal Code for the nursery school. (Section 8130.7 requires basically that a building have walls of masonry 8 inches thick). The City Attorney explained that the subject property is presently zoned C-2; that nursery schools are not presently specified as a use permitted in any zone and that proceedings were instituted by the Planning Commission to consider and make recommendations concerning the possible inclusion thereof in the special use zone. That one of the conditions recommended by the Planning Commission in its Resolution No. 460 was that the exist- ing main building be made to conform with Fire Zone No.1 regulations. The City Manager advised that the applicants'plans for alteration to the existing building were reviewed by the staff and the State Fire Marshal's office and were approved eliminating the requirement of the 8 inch masonry wall. That the building when altered according to approved plans will be of the type of construction of over 90% of nursery school build- ings in the State and is standard building construction as set up by the Department of Social Welfare. That the staff recommends approval of the variance subject to the five conditions contained in its report of September 27, 1962. That the 8 inch masonry wall requirement would be economically unfeasible. Councilman Balser expressed the opinion that the location is ideal for a nursery school; that he concurred with the staff recommendations, and that the fire zone 1 requirement would be economically unfeasible. That the building when altered will be of the type of construction of over 90% of nursery school buildings in the State. 3. 10-2-62 TRACT NO. 27591 (Tentative - Denied) (F :940) 15:5795 Councilman Phillips then MOVED that the Council accept the recommen- dation of the Planning Commission' and staff, 'as contained in Planning Commission Resolution No. 460, with the exception that condition "h" be modified to conform with the staff report of September 27, 1962. Councilman Balser seconded the motion which was carried unanimously. Located at the north end of Greenfield Avenue - six lots. The Planning Director explained that the proposed tract would create a double cul de sac at the end of a street exceeding the recommended maximum cu1 de sac length by 1400 feet. That the Planning C~mmission favored a development which would eliminate a portion of the rear of the I 300 feet deep lots fronting on Longden Avenue; that the subject tract does not represent an acceptable solution from a planning standpoint and recommends denial of the map. The City Clerk advised that a letter dated October 2, 1962 had been received from Mr. R. H. Robinson, President of the Greenfield Avenue Property Owners Association, 2225 Greenfield Avenue, opposing the proposed tract. Mr. Alfred Coff, 2501 Greenfield Avenue, submitted a petition with approximately 40 signatures of property owners on Greenfield Avenue, opposing the proposed tract. He stated that the opposition was not against the subject tract per se, but that the property owners on Greenfield Avenue did not want the street opened as this would result in extensive traffic, which was undesirable on their street due to the numerous children. Mr. Pat Brown, 102 E. Longden Avenue, addressed the Council and inquired if the Council intended taking any action regarding the rear portions of property in his area. Mayor Butterworth explained that his question did not pertain to the subject matter and could not be discussed at this time. Councilman Reibold commented that he thought Mr. Brown's question pertained to the subject matter insofar as if this tract map were denied the owners of property on Longden Avenue would have no recourse but to seek relief in requesting that two houses on a lot be permitted. Councilman Balser stated in part that he believed the map should be denied in its present form; that perhaps something could be worked out to prevent lengthening an already too long cul de sac; that the Planning Commission is interested in resolving the matter whereby an egress could be allowed from the excessively long dead'end street so that traffic could be channeled into a similar local residential street, perhaps through to Lee Avenue or through to Longden Avenue. Councilman Balser then MOVED that the Council accept the recommendation of the Planning Commission and deny approval of tentative map of Tract No. 27591. Councilman Turner seconded the motion. Discussion ensued and the Council expressed its individual opinions in part as follows: I Councilman Reibold: That the residents of Greenfield Avenue did not want their street opened because of the excessive traffic that would ensue if this were done; that opening Greenfield Avenue might be good planning but the residents' desires sh~uld not be overlooked. That there is no conflict between the Council and the Planning Commission or the Staff on this point as the Council is responsible to the people and they are the policy makers; that the Council resolved the maximum length of cul de sacs and this would be a departure from such policy, which is a proper function of the Council; that the Planning Commission and the staff do not have such right. That in his opinion, inasmuch as it is the people's will the Council should depart from its policy in this instance. 4. 10-2-62 I Bm AWARD (Water Main - Third Avenue) (F :941) BID AWARD (Trucks) I (F :942) 15:5796 Councilman Phillips: That he agreed in part with Councilman Reibold, but that if opening the street is in the best interests of the City he would favor this even if it required condemnation action on the part of 'the City. That he did think the subject map is a reasonable solution of the problem. Mayor Butterworth: That he felt the Council should sustain the Planning Commission in this instance; that perhaps there are better ways ,to work out the proposed tract, such as opening Greenfield Avenue out to. Lee . Avenue and that more thought should be given the matter until some solution is available. That if opening Greenfield Avenue would benefit the City it should be done. The matter of delaying decision on the matter until the next meeting was also discussed and it was resolved that no useful purpose would be served by such delay. The following roll call was then taken on Councilman Balser's motion tq sustain the Planning Commission: AYES: Councilmen Balser, Turner, Butterworth NOES: Councilmen Phillips, Reibold ABSENT: None ,Following bids received October 1,1962 for water main replacement in Third Avenue from Duarte Road to Bonita Street, the lowest bid being made by Royal Pipeline Construction Co. in the amount of $19,434.50: Royal Pipeline Construction Co. Hood Corporation Hydro Construction Co. $19,434.50 22,585.40 .24,098.40 Councilman Turner MOVED that the Council accept the recommendation of the City Manager and the Water.Superintendent; that a contract for water main replacement in Third Avenue, from Duarte Road to Bonita Street, be awarded to Royal Pipeline Construction Co. in the amount of $19,434.50; 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 such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Following bids received for the purchase of five trucks: Wegge Motors Kent Chevrolet Arrow Chevrolet San Marino Motors Hutchings Motors $7,117.10 7,525.44 7,709.21 7,756.60 8,081.20 Watking GMC 8,194.39 Internatl.Harv.8,240.15 Ray Gaskin 8,450.00 Calavar Corp. No bid Quotations are for 1963 models and include trade in allowances on four vehicles and sales tax. Shortly after the bid opening, Wegge Motors requested that their bid be withdrawn as freight charges had been omitted from their calculations in error. Since their bid proposal included four exceptions to the specifications which would have disqualified their proposal, their request was granted. The withdrawal of the bid by Wegge Motors establishes Kent Chevrolet as the lowest responsible bidder quoting in accordance to the specifications. 5. 10-2-62 BID AWARD (Curb Addressing) (F:933) BID AWARD (trac tor) (F :943) 15:5797 MotION by Councilman Balser, seconded by Councilman turner and carried on roll call vote as follows that the Council accept the recommendation of the City Manager, the Director of Public Works and the Purchasing Officer; that a contract for the purchase of five 1963 model trucks as specified be awarded to Kent Chevrolet in the amount of $7,525.44 including trade in allowances on four vehicles and sales tax; 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 such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney: AYES: Councilmen Balser, Phillips, Reibold, turner, Butterworth NOES: None ABSENt: None I the City Manager advised that only one bid was received in response to published invitation for city-wide curb addressing, the specifications for such proposal incorporating the painting of house numbers in four inch black numbers on a 5~ inch by 16 inch white 707. to 907. glass bead saturation background. the bid was made by Mr. Harwood Hellen at a price of 35 cents per house number, the project to be completed within 60 to 90 days after execution of a contract. Mayor Butterworth commented that he had changed his mind and now was not fully in accord with the City paying for the proposed curb painting, an estimated $4000.00. The consensus of the other Councilmen being that this would be in the best interests of the City, Councilman Phillips MOVED that the Mayor and City Clerk be authorized to execute a contract to Harwood Hellen for city- wide curb addressing pursuant to approved specifications, in form approved by the City Attorney and that any irregularities or informalities in the bid or bidding process be waived. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, turner NOES: Mayor Butterworth ABSENt: None Councilman Phillips further MOVED that the amount (approximately $4000) of the contract be appropriated from the Council Contingency Fund. Council- man Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, turner NOES: Mayor Butterworth ABSENt: None Following bid proposals received for the purchase of one tractor skiploader and scraper for the Department of Public Works and the trade in of a 1954 '1 Ford tractor: International Harvester Co. $3,000.00 C. R. Cook Ford tractors, Inc. 3,336.21 Harron, Rickard & McCone Co. 3,550.00 So. Calif. Equipment & Supply Co. 3,570.00 Southwest tractor Sales, Inc. 4,000.00 Larson Equipment Co. 4,055.81 Quotations are F.O.B. Arcadia and include the trade in allowance and all applicable taxes. International Harvester Company submitted the lowest bid; however, the bid proposal is for equipment that is not in strict accordance to the specifi- cations, which leaves C. R. Cook Ford tractors, Inc. the lowest qualifying bidder. 6. 10-2-62 I MAINTENANCE OF STATE HIGHWAYS AGREllMENT (7-1-62) (F:944) HI-RANGER EQUIPME!'IT (P:Eque) CALIFORNIA PEAGE I OFFICERS' TRAINING FUND (S: Police) CALL FOR BIDS (Beautifi- cation of Santa Anita - from Camino Real to Live Oak) (F:945) 15:5798 MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the Council accept the recommendation of the Director of Public Works and the Purchasing Officer; that a contract for the purchase of one tractor skip loader and scraper for the Department of Public Works and the trade in of a 1954 Ford Tractor be awarded to C. R. Cook Ford .Tractors, Inc. in the amount of $3,336.21 F.O.B. Arcadia, including trade in allowance and all applicable taxes; 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 such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the Council accept the recommendation of the City Manager and'the Director of Public Works and authorize the Mayor and City Clerk to execute a new memoranda of agreement for the maintenance of State'Highways in the City of Arcadia, effective July 1, 1962, said agreement superseding all previous State Highway agreements and amendments heretofore executed, the route descriptions, mileages and delegation of maintenance all remain- ing the same as the previous agreements with the exception of the change in the maximum authorized 'expenditure rates, which have been increased in accordance with the request of the Director of Public Works from $4,800 to $6,200 per mile on Foothill Boulevard between Second Avenue and the easterly City limits, and from $1,000 per mile to $1,250 per mile on Foothill Boulevard from Second Avenue to Baldwin Avenue (Huntington Drive remains the same) . The City Manager advised that the Arcadia High School Associated Student Body desires to record the field action of its football team on film for reshowing for various purposes, including training. That in order to obtain pictures of value it is necessary that they be taken at a substantial height above ground. 'That a request was received to use the Hi-Ranger belonging to the City which is used for tree trimming. That normally when such equipment is used a charge is made but in view of the use anticipated the City Manager recommended that the only charge made to the school be that of the operator's time without overhead charges, which is $3.02 per hour. MOTION by Councilman Phillips, seconded by Councilman Turner and carried unanimously that the Council accept the recommendation of the City Manager and authorize the use of the City's Hi-Ranger by the Arcadia High School for the purpose of obtaining pictures for the school of the field action of football games. Mayor Butterworth ordered received and filed the communication from the City Manager dated October 2,1962 regarding a check in the amount of $3,781.50 as Arcadia's 1962 reimbursement from the California Peace Officers' Training Fund transmitted by Martin C. McDonnell, Chairman of the Commission on Peace Officers Standards and Training, which letter of transmittal contained the Commission's congratulations to the members of the Arcadia City Council for the role it has played in upgrading the quality of law enforcement throughout the State of California, Councilman Reibold MOVED that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the beautification of Santa Anita Avenue, between Camino Real and Live Oak Avenue, be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, said bids to be opened November 1,1962. Mr. Harold Roach, on behalf of the Arcadia Tribune, (office located on Santa Anita Avenue) addressed the Council and made reference to the planting at the intersection of Santa Anita Avenue and Duarte Road, and he was advised that the problem had been resolved. 7. 10-2-62 CALL FOR BIDS (Peck No. 1 Well) (F:946) PERSONNEL (Account Clerks) (I.R.) RESOLUTION NO. 3523 Wli.DERNESS PARK (F: 127) 15:5799 MOTION by Councilman Reibold, seconded by Councilman'Turner and carried unanimously that the Council accept the recommendation of the City Manager and the Water Superintendent; that the plans arid specifications for the Peck No. 1 Well Pumping Equipment and Appurtenances be approved as submitted; that the City Clerk be authorized to call for bids for such equipment and work in conformance with said specifications, expenditures for same being provided for in the 1962-63 budget, Water Fund, Major Projects, Item 2, said bids to be opened November 2, 1962 and delivered to the Design Engineer for analysis. MOTION by Councilman Phillips, seconded by Councilman Turner and carried unanimously that the Council accept the recommendation of the Personnel Board and adopt the reclassification of the Account Clerk positions, re- designation of incumbents without further examination, the new class specifications for Account Clerk III and Account Clerk II, and the establishment of the salary range for Account Clerk,II at $344-420 per month. 1 The City Attorney thereupon presented, explained the content and read the title of Resolution No. 3523, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 3498 BY CHANGING THE SALARY SCHEDULE OF CERTAIN POSITIONS IN THE FINANCE DEPARTMENT; CREATING WITHIN THE FINANCE DEPARTMENT TWO POSITIONS OF ACCOUNT CLERK III IN THE CLASSIFIED SERVICE OF THE CITY AND SPECIFYING THE QUALIFICATIONS THEREFOR AND THE DUTIES THEREOF; PROVIDING FOR THE ABOLITION OF ONE POSITION OF EACH ACCOUNT CLERK I AND ACCOUNT CLERK II, AND AMENDING THE SPECIFICATIONS AND QUALIFICATIONS FOR ACCOUNT CLERK I AND ACCOUNT CJ;ERK II IN THE FINANCE DEPARTMENT." MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3523 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3523 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Manager advised that a recommendation has been received from the Recreation Commission to approve the general scope and content of the second phase of the Wilderness Park development (estimated cost $59,900.45), the work including headquarters shelter, giant barbecue, concrete work, grading, irrigation, grass, trees and shrub planting, relocation of flagpole, fire circle, handrails, paths and trails, and contingency. I' Mayor Butterworth stated that he had received a communication from adjacent and nearby residents of the Wilderness Park area which in substance protested the lack of control over the operation of the park area as it is now being operated; that it is a hazard to children and asking that it be closed or operated under police supervision. He added that he would favor the Recreation Commission recommendation regarding the second phase of the Park being referred to the Capital Projects Committee for review. Councilman Phillips thereupon ~ that the subject recommendation be referred to the Capital Projects Committee for its consideration and report. Councilman Turner seconded the motion which was carried unanimously. 8. 10-2-62 COUNTY BOUNDARY COMMISSION RESOLUTION NO. 3520 -(Action against City) 1 (F :ClailB) ORDINANCE NO. 1191 (Adopted) ,I QUIT CLAIM DEED 15:5800 Mayor Butterworth commented that he would submit copies of the afore- mentioned letter to the Council and the Recreation Commission. Mayor Butterworth ordered filed the'notice from the County Boundary Co~ission that the City of El Monte has filed Annexation Proposal No. 301 as it has no effect on Arcadia. The City Attorney advised that the City has been served with a summons and complaint in an action filed by the United States National 'Bank of San Diego against the County of Los Angeles and the City of Arcadia seeking judgment against the City and County for the amount of taxes collected by the County in part for the City and in part for the County, which taxes were allegedly erroneously assessed and paid under protest. That the Revenue and Taxation Code provides in part that any City for which County officers collect taxes may provide for the defense by Counsel for the County of actions brought against the City on such matters. The City Attorney accordingly presented, explained the content and read the title of Resolution No. 3520, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE DEFENSE BY THE COUNTY COUNSEL OF LOS ANGELES COUNTY OF AN ACTION BROUGHT AGAINST THE CITY OF ARCADIA FOR THE REFUND OF TAXES ASSESSED AND COLLECTED FOR THE FISCAL YEAR 1962-1963." MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3520 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3520 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Ordinance No. 1191, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO DIVISION 1 OF PART 2 OF CHAPTER 2 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE A NEW SECTION 3221.6." MOTION by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1191 be waived, AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Balser further ~ that Ordinance No. 1191 be adopted. Motion secorided by Councilman Phillips and carried on roll call VQte as follows: AYES: Councilmen Balser, Phillips. Reibold, Turner, Butterworth NOES: None ABSENT: None Upon the recommendation of the City Attorney, Councilman Reibold MOVED that the Mayor and City Clerk be authorized to execute a release and quit claim deed, quit claiming a grant of easement for drainage purposes, recorded as Document 3789 on May 4, 1959. Councilman Phillips seconded the motion which was carried unanimously. 9. 10-2-62 15:5801 . AUDIENCE PARTICIPATION No one in the audience desired to address the Council. MATTERS FROM CITY OFFICIALS CHARLES EATON (nsp) H. T. MICHLER (nsp) CIVIL DEFENSE (F:833) SPEC IAL ELECTION (Anti- Solicitation) (F:928) COMMUNICATION (Board of Education) (nsp) ADJOURNMENT Councilman Phillips advised that Mr. Charles Eaton, owner of Eaton's Restaurant in Arcadia would be honored at the Beverly Hilton Hotel by'the California Restaurant Association; that Mr. Eaton has been a good friend of the City for many years and provides a fine family restaurant to the City. He suggested that a letter of commendation from the Council be sent to him at the time set for the above - mentioned occasion together with a key to the City for his watch chain. Mayor Butterworth stated tha~ the suggestion was well taken and would 1 be put into effect. At the suggestion of Councilman Reibold, Mayor Butterworth stated that an appropriate letter from, or resolution of the Council would be submitted to Mr. H. T. Michler (Planning Commissioner) expressing the Council's solicitude over his illness and hope for his speedy recovery. Mayor Butterworth read in its entirety a communication he had received from Dr. Robert Wilson, Medical Coordinator of Area C of the State Disaster Relief Organization and his copy of letter to the Board of Education seeking approval and cooperation to test Arcadia's disaster facilities, between the hours of 9:00 and 11:00 A.M. Saturday, December 8, 1962. He added that the letter had been presented to the Civil Defense Board at its meeting. Councilman Phillips commented that he had been present at the Civil Defense Board meeting and that in his opinion it was their feeling that the City should cooperate. The City Manager stated that a planning meeting is scheduled at the Methodist Hospital October 4,1962 for this purpose, at which time there will be present representatives from the City's Police and Fire Depart- ments as well as his office, at which time a determination is expected to be made as to what is required of the City; that there had been some discussion of the City providing transportation. Mayor Butterworth requested the City Manager to cooperate with the program, using his own discretion on such matters as transportation. Councilman Phillips commented that the Civil Defense Board had indicated its willingness to convene a special meeting if it were necessary and Mayor Butterworth expressed the opinion that it would be advisable to have the Civil Defense Board participate. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the Council accept the recommendation of the City Clerk and authorize the City Controller to issue a warrant in the amount of $2,060.40, payable to Harold J. Ostly, Treasurer, cover- ing initial payment for the consolidation of a special election with 1 the Statewide General Election of November 6,1962, said sum to be drawn from Council Contingency Fund: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Mayor Butterworth ordered received and filed the communication dated September 26,1962 from Robert I. Boyd, President of the Board of Education, Arcadia Unified School District, addressed to the City Manager, commending the Council and the City Manager for the endorse- ment and many hours of work contributed in planning and culminating the successful tax override election held on September 18, 1962. At 9:35 P.M. Mayor Butterworth declared the meeting adjourned. ~ f(1J~ ~ ATTEST: Mayor Butterworth ~~/ Y,n,~ 10-2-62 C lIT CLERK