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