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HomeMy WebLinkAboutFEBRUARY 5,1963 I UN"''''''' PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (1-16-63, 1-22-63 & l-25-6~) HEARING (Annexation No. 29) (F: 950) I . 15: 588,8 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA FEBRUARY 5, 1963 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., February 5, 1963. The Invocation was offered by Mr. Maurice Meredith, Pastor of the Arcadia Church of Christ. Mayor Butterworth led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Balser, Phillips, Reibold, Turner, Butterworth None MOTION by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the minutes of the Regular Meeting of January 15, 1963, the Adjourned Reguiar Meeting of January 22, 19G3 and the Aujourned Regular Mee,ing of January 25, 1963 be approved as submitted in writing. Mayor Butterworth declared that this is the time and place set by Reso- lution No. 3532 to consider written protests made by any person owning real property within that certain uninhabited t~rritory situated near the northwesterly city limits of the City of Arcadia, and designated as "Annexation No. 29, Northwest Arcadia(Uninhabited)." The City Clerk advised that she had on file affidavi's of mailing and publication in the subject matter; also that she had received and pre$ented herewith written protests to the annexation from the following: Pauline C. and Lowry B. McCaslin, 701 West Foothill Boulevard, filed in the office of the City Clerk February 5,1963, concern- ing their land and improvements located at the northeast corner of Baldwin Avenue and Foothill Boulevard and included within the annexation; and Office of the County Counsel of Los Angeles County on behalf of the Board of Supervisors of the County of Los Angeles and on behalf of the Los Angeles County Flood Control District, filed in the office of the City Clerk February 5, 1963, with respect to properties included within the annexation, consisting of property acquired in fee for the Flood Control District, also an easement for Flood Control District purposes, and the County's interest in the portions of the streets being annexed, some of the same having been acquired in fee, together with a tabulation of the estimated assessed values thereof. MOTION by Councilman Reibold, seconded by Councilman Balser and carried unanimously that the above mentioned affidavits be received and filed, and that the above mentioned protests be received and referred to the City staff for analysis and report to the Council at the next Council meeting (February 19, 1963). Councilman Balser then MOVED that the protest hearing with respect to Annexation No. 29, Northwest Arcadia (Uninhabited) be continued to 8:00 P.M., February 19, 1963. Councilman Turner seconded the motion which was carried unanimously. 1. 2-5-63 HEARING (Gallal) (F:966) HEARING CWeed Abatement 1962-63) (F:958) HEARING (Nursery Schools) (0~d.1195) 15:5889 Mayor Butterworth ordered postponed to February 19, 1963 the hearing on the application of Joseph O. Gallal, 506 Santa Cruz Road, Arcadia, to operate a billiard room at 37 East Huntington D~ive, such deferment being at the request of the applicant. Mayor Butterworth declared the hearing open on the proposed 1962-63 Weed Abatement program and stated that this is the time and place to hear and consider all objections to the proposed removal of weeds, rubbish and refuse from lots in the City of Arcadia in accordance with the provisions of Resolution No. 3560, such rubbish, refuse and weeds at locations set forth in said Resolution No, 3560 being declared to be a public nuisance. I The City Attorney explained that the clearing of the property may be performed individually by the owner of the property so noticed and in such event the work will not be done by the City and the cost thereof will not be assessed against the property. No one wishing to be heard with respect to the proposed weed abatement program, Councilman Phillips MOVED that the hearing be closed. Council- man Reibold seconded the motion which was carried unanimously. Councilman Balser then MOVED that the Fire Prevention Inspector and Superintendent of Weed Abatement be authorized to proceed with the work of weed abatement pursuant to the Weed Abatement Act and in accordance with the provisions of Resolution No. 3560. Councilman Phillips seconded the motion which was carried unanimously. Mayor Butterworth declared the hearing open on the proposed amendment of the Arcadia Municipal Code to classify nursery schools as a permitted special use (Planning Commission Resolution No. 465) and inquired if any- one desired to be heard regarding the matter. The Planning Director summarized the events leading to the proposed amend- ment of the Arcadia Municipal Code, in substance that it was determined by both the Planning Commission and the Council that nursery schools are not commercial schools as set forth in the Arcadia Municipal Code; that the Planning Commission held a public hearing to determine if nursery schools should be classified in the ordinance as a special use requiring a special use permit; that the Planning Commission adopted Resolution No. 465 recommending to the Council the adoption of an amendment to the zoning ordinance classifying nursery schools as a special use, subject to special regulations. The Planning Director also mentioned the great amount of time devoted to the findings in the matter by Mrs. Elizabeth Schmitz, Chairman of ,the San Gabriel Valley Council of Parent Participation Nursery Schools by acting as the liaison between the nursery school owners and the Planning Depart- ment. Mrs. Elizabeth Schmitz, 5639 Gary Park, Arcadia, addressed the Council and I read a statement which in substance expressed appreciation for the co- operation received from the Planning Department and the Planning Commission and the desire that the Council accept the recommendation of the Planning Commission. No one else desiring to be heard Councilman Balser ~ that the hearing be closed. Councilman Phillips seconded the motion which was carried unanimously. Councilman Balser further MOVED that the Council accept the recommendation of the Planning Commission as embodied in its Resolution No. 465 and authorize an amendment to the Zoning Ordinance. classifying nursery schools as a Special Use, subject to special regulations. Councilman Reibold seconded the motion which was carried on roll call vote as follows: 2. 2-5-63 HEARING (Revay) (F: 912) I LIBRARY (Report) , (A:LB) , LIBRARY (Statements from Clergy) , (A:L~) I 15:5890 AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None' Mayor Butterworth declared the hearing (continued from December 4, 1962) open on the application for a change of zone ,from R-3 to C-2 on lots 125, 126 and 127, Tract No. 2731, West Duarte Road, and inquired if anyone desired to be heard regarding the matter. Mr. Thomas R. Sheppard, attorney for the applicants, addressed the Council and requested that the Council grant either another continuance or that the matter be referred to the Planning Commission, inasmuch as plans for the proposed use of the subject property have not yet been finalized. After discussion regarding the relative merits of continuance or referral of ' the matter to the Planning Commission, or the denial of the present application without prejudice to enable the applicants to consult with the Planning staff prior to filing a new application, and it being the consensus of the Council that the interests of ail concerned would be best served by another continuance, Councilman Reibold MOVED that the scheduled hearing on the subject matter be continued to May 7, 1963. Councilman Phillips seconded the motion which was carried unanimously. Receipt of report dated January 25,1963 from the Library Board and state- ments of individual Library Boaru n~mbers was acknowledged, Mayor Butter- worth explaining that said report in substance pertains'to the referral by the Council on December 6,1962 to the Library Board of a communication dated November 26,1962 from the Arcadia Council of Protestant Churches regarding the removal from the library of a book entitled "The Last Temptation of Christ" by Nikos Kazantzakis, said Library Board having jurisdiction over the administration of the library under the City Charter,. That at such time the City Council' requested the Library Board to consider the communication, meet with the Council of Protestant Churches and,teport back to the City Council. That said report indicates a meeting had'with representatives of the Council of Protestant Churches and that while views were exchanged they were not fruitful in resulting in any settlement of the issue, and that the determination of the Library Board ,was to retain the book on the liprary shelves. Upon the concurrence of the City Council, Mayor Butterworth then ordered the report and statements filed for the Council's further consideration and deliberation. Mayor Butterworth announced that in compliance with a request from the Chairman of the Arcadia Council of Protestant Churches to present its statement concerning its previous petition regarding the book entitled "The Last Temptation of Christ" the Council would be pleased to hear the Rt. Rev. Msgr. Gerald M. O'Keefe and the Rev. H. Warren Anderson, and any other member of the'Clergy present who might wish to address the Council. He added that the Council is presently well advised on protests from the citizens of Arcadia regarding the subject book ,and that it is the wish ~f the Council that this evening only the Clergy be heard; however, that at the end of the Council meeting it is customary to permi~ any citizen to address himself to the Council on any matter and that this privilege would not be abrogated at this meeting. Whereupon the Rt. Rev. Msgr. Gerald M. O'Keefe addressed the Council and read a statement which in substance stated that py reason of his vocation he has the right to pass judgment on the nature of the book in question; that it is his conviction that the book in its text and context is defamatory of the Sacred Person of Christ and should be classified as offensive and blasphemous; that he is in full sympathy with the action taken by the Council of Protestant Churches. He' also mentioned the petition with apptoximately 5000 signatures of ' citizens of Arcadia object- ing to the placing and detention of the book in' question in the library, 3. 2- 5- 63 RECESS ZONE VARIANCE AND/OR SPECIAL USE (San Gabriel Valley Water) (F;965) ZONE VARIANCE (Jewish Foothill Temple Center) (F:462) 15:5891 adding that the voices of 5000 citizens cannot be easily silenced. (Statement on file in office of the City Clerk). Rev. H. Warren Anderson, Chairman of the Arcadia Council of Protestant Churches and Pastor of the Arcadia Community Church, addressed the Council and read a statement which in substance expressed undiminished opposition to the subject book as reprehensible and blasphemous; requested immediate consideration of the petition by the Council be deferred; that the basic grievances are submitted for the careful deliberation of the members of the City Council confident that it will find a remedy. (Statement on file in office of the City Clerk). Rev. Anderson then presented to the City Clerk the aforementioned Petitionl and a memorandum dated November 13,1962 from Homer L. Fletcher, City Librarian, to his staff, requesting that the Council read this document. With regard to the petition, Rev. Anderson mentioned that the signatures thereon are not confined to any religious group, and that attached to the petition is a statement from the Citizens Committee for Clean Books, said committee having originated the action which brought the subject matter to the attention of the citizens of Arcadia, and commented that this committee is determined to pursue the matter. Mayor Butterworth expressed the appreciation of the Council for the presentations and stated that the Council would accept Rev. Anderson's recommendation and make no decision this evening; however, that the matter would receive the thoughtful consideration of the Council in an endeavor to arrive at a solution. He added that the petition will be accepted by the City Clerk and in turn will be directed to the attention of the Council. Mayor Butterworth declared a 5 minute recess at 8:40 P.M. The meeting reconvened at 8:47 P.M. Planning Commission Resolution No. 466 recommending denial of the request of the San Gabriel Valley Water Company for permission to construct two water wells and pump buildings~ together with a pumping station and water storage tank and the installation of appurtenant equipment on property owned by the water company on the south side of Clark Street about 400 feet east of Peck Road. An appeal from said decision having been made, Councilman that a public hearing be scheduled for February 19, 1963. Balser seconded the motion which was carried unanimously. Phillips ~ Councilman Planning Commission Resolution No. 468 recommending the granting of a zone variance for the construction of a temple and religious school at the northwest corner of Foothill Boulevard and Second Avenue. The Planning Director displayed a rendering and plot plan of the I proposed facilities and summarized the history of the subject matter which resulted in the present recommendation for approval by the Planning Commission. He stated in part that the subject property is rectangularly shaped, with 286 feet of frontage on Foothill Boulevard and Sycamore Avenue and 580 feet of frontage on Second Avenue; that the Foothill Boulevard frontage to a depth of 135 feet is in Zone C-2, the next 75 feet northerly thereof being in Zone PR-l and the remaining 370 feet up to Sycamore Avenue in Zone R-l. That since the first variance was sought by applicant concerning the subject property the Foothill Junior High School has been placed in operation, the northeast corner of Foothill Boulevard and Second Avenue has been developed and placed in operation as a shopping center, a bridge has been constructed on Sycamore Avenue over the Santa Anita Wash, and Sycamore and Second Avenues have been curbed and the pavement widened to give better access to the area. 4. 2-5-63 I LOT SPLIT NO. 62-26. I LIBRARY (Chi ldren 's Room) (F:472) , '", ,. 15:5892 The Planning Director added that in the op~n~on of the Planning Department the proposed facilities, consisting of much more than a temple, would be better oriented to a commercial area rather than a neighborhood area; that the commercial activities located aloni Foothill Boulevard are primarily for neighborhood use.and'that the subject facilities will attract more people to. the area than would,normally be the case. That north of Foothill Boulevard is a good residential area. Discussion ensued. Councilman Balser stated in part that he was opposed to the granting of the requested variance inasmuch as, in his opinion, the facilities would be detrimental to the, residential area nearby by re~son of the daily activities of the Center and the lights at night. Mayor Butterworth commented that such activities are part of almost all churches. Councilman Reibold stated that in his op~n~on the proposed usage would be no more objectionable to the neighborhood than the daily activities at the Foothill Junior High School across the street. Upon the Planning Director advising, in answer to inquiry, that there were no neighborhood protests made at the Planning Commission meeting with . regard to the requested variance, Councilman Reibold MOVED that the Council accept the recommendation of the Planning Commission and approve a variance being granted to the Foothill Jewish Temple Center to permit the con- struction of a temple, religious school and required parking area on the property located at the northwest corner of Foothill Boulevard and Second Avenue subject to the conditions as'outlined in Planning Commission Resolution No. 468. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Phillips, Reibold; Turner, Butterworth NOES: Councilman Balser ABSENT: None The Planning Director advised that the Council approved a lot split application several months ago which permitted the property at ',the north- west corner of Longden Avenue and Bella Vista D~ive,to be divided into three lots. That prior to this action the property faced on Longden Avenue which has a setback.line of 35 feet and.that if this setback were applied to one of the new lots which now sides on Longden Avenue it would consume one-half of the lot. MOTION by Councilman Balser, seconded by Councilman Phillips and carried' urianimously that the Council accept the recommendation of the Planning Department and approve a ten foot side yard on the subject property rather than the 35 'foot setback line now applicable. The City Manager's report on the completion'of the Children's Room,and Young Adult Section of the Public Library, clarifying some of the various estimates of cost for said project, having been submitted to and reviewed by the Council, Councilman Turner MOVED that completion of the project proceed and that upon receipt of plans and specifications for said project the City Clerk be authorized to advertise for bids. Councilman Reibold seconded the motion, adding that glass partitioning, affording visual observance into the rare book room, be considered and made a part of the plans. Discussion was held on this item, and it being the consensus of the Council that this would be a minor change and could be bid as an addendum or added as a change order, the motion was carried unanimously. 5. 2-5-63 NORMAN AVENUE DRAINAGE (P:R&L) 1958 STORM DRAIN BOND ISSUE (Project No. 525) (F: 510 RANCHO STREET LIGHTING (Job 277) (F:926) 15:5893 In reply to a question as to the approximate time to expect the plans and specifications and the matter put to bid, the City Manager replied that he did not think this could be accomplished earlier than approximately March 5, 1963. The City Manager read a report submitted by the Department of Public Works regarding its investigation of the Norman Avenue drainage problem, which report set fourth four possible solutions to the problem, the fourth method, which proposed the construction of a storm drain in Norman Avenue from Andrews Road to the Arcadia Wash, catch basins at Andrews Road, a nuisance drain east of Andrews Road and concrete gutters between Andrews Road and Santa Anita Avenue, being recommended. That this solution would eliminate both the nuisance and the street flooding problems and that the estimated cost is $40,500. (Report dated January 31, 1963 on file in office of the City Clerk). I Discussion was held as to the funds available for such a project. It being the opinion of the Council that solution No, 4 would be the best method of solving the problem, Councilman Turner MOVED that the Council approve the recommendation of the City Manager and the Director of Public Works insofar as the procedure outlined under the fourth method is concerned, to wit: that a storm drain be constructed in Norman Avenue from Andrews Road to the, Arcadia Wash, catch basins at Andrews Road, a nuisance drain east of Andrews Road and concrete gutters between Andrews Road and Santa Anita Avenue, and that the Depart- ment of Public Works be authorized to proceed with the design of the project. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Manager read a communication dated January 29, 1963 submitted by the Department of Public Works which in substance stated that the Los Angeles County Flood Control District has submitted the plans and specifications for Project No. 525 under the provisions of the 1958 Storm Drain Bond Issue. That the portion of the project in the City of Arcadia lies in Baldwin Avenue between Live Oak and Garibaldi Avenues and that while the portion of the drain in Baldwin Avenue is under construction access for residents will be provided; however, that no construction in the major streets will be allowed between December 15 and April 15 due to the racing season. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for Project No. 525 under the provisions of the 1958 Storm Drain Bond Issue, submitted by the Los Angeles County Flood Control District, be approved; that said District be authorized to proceed with construction as described in said plans and specifications and that the District be authorized to occupy and use public streets within the City of Arcadia to construct, operate and maintain said installation. I The City Manager advised that pursuant to Council action on January 15,1963 the Department of Public Works has revised the improvement plans, specifications and cost estimates for Rancho Street Lighting (Job 277); that modified plans have been prepared to include standards designated as Plan B; that the revision contemplates the use of Colonial type luminaires with 2500 lumen lamps mounted on 14' x 3" reinforced concrete poles, spaced approximately 125 feet on alternate sides of the street. The City Manager added that no effort was spared in an investigation of available luminaire designs and that the one specified is the only 6. 2- 5- 63 , I RESOLUTION NO. 3564 I TRACT NO. 26345 (Underground Facilities) (F :771) 15:5894 fixture of this type available and manufactured as of January 30, 1963. That the estimated cost for the revised work is $119,210.46 as compared to th~ original estimate of $106,719.61. The City Manager then submitted the revised plans and specifications, adding that a resolution would be presented by the City Attorney setting the time, date and place of hearing on the: proposed changes and that he recommended said resolution be adopted setting the hearing for February 19, 1963. A memorandum from the Director of Public Works referring to a letter from Mr. C. Paul DuBois, dated January 29, 1963, was mentioned and the City Manager advised that the information contained in said memorandum was relative to investigation by the engineering staff as to other types of luminaires available, such investigation producing the fact that although Westinghouse has a lumina ire in the design stage, no date of availability could be given; that the possibility of special design would involve expensive tooling cost; that at a meeting which was attended by Mr. Forbes, there were only two representatives present, and their designs were modernistic. It being the opinion of the Council that to wait for another type of fixture to be designed that will be within the ability or desire of the residents to pay would cause a delay in the project for a,minimum of a year, Councilman Reibold MOVED that the project proceed as outlined and that the City Attorney present the resolution setting the hearing date for the proposed changes. Councilman Phillips seconded the motion which was carried unanimously. The City Attorney thereupon presented, explained the ,content and read the title of Resolution No. 3564, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING TO CHANGE THE WORK IN ASSESSMENT DISTRICT JOB NO. 277 (ALTURA ROAD AND OTHER STREETS)." MOTION by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows,that the reading of the full body of Resolution No. 3564 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3564 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Manager advised that Southern California Edison Company will service that certain land owned by the City (Tract No. 26345 - west side of Peck Road, south of the Wash - under option purchase agreement to Arcadia Industries) with electrical power from the rear of the properties and that the Pacific Telephone and Telegraph Company has indicated its willingness to install underground telephone service along Peck Road upon the assurance that all property within the tract will use the under- ground service and not later require Pacific Telephone & Telegraph Company to install overhead service. That the Arcadia Industries has indicated that all properties that develop in this tract will use the underground telephone service; however, the Pacific Telephone & Telegraph Company has requested that the City require other purchasers of property in said Tract No. 26345 to use underground telephone facilities. MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as follows that the Council accept the recommendation of .7. 2- 5-63 "-..... POLICY ON STREET LIGHTING INSTALLATION CHARGES CALL FOR BIDS (Baldwin Reservoir) (F:967) FIRE DEPARTMENT (Aerial Platform and Ladder Truck) (F:868) 15:5895 the City Manager and declare the City's intent to require other purchasers of property in Tract No. 26345 to use underground telephone facilities: AYES: Councilmen Phillips, Turner, Butterworth ABSTAINED: Councilmen Balser, Reibold (due to their affiliation with . Pacific Telephone & Telegraph Co.) NOES: None ABSENT: None Discussion was held on a proposed policy of the City with regard to the City participating to some degree in the cost of street lighting systems in order to encourage requests for the installation of such systems. I The City Manager advised that presently, in assessing the cost of instal- ling a street lighting system under the 1911 Improvement Act, certain charges are made in addition to the actual construction costs, such as special counsel, assessment engineer, publication, engineering, etc, The City Manager recommended that consideration be given to: 1) all engineering cost in connection with street lighting systems installed under any Improvement Act not be charged to the project; and 2) that fifty per cent of the cost of intersection lighting installed under any Improvement Act be borne by the City. He explained that the basis for the above recommendations is "he fact that the Engineering Department performs many services which benefit specific areas without the cost being paid by the area affected. That while street lighting is primarily of benefit to the adjacent properties it is also of general benefit to the safety and welfare of the entire City, inasmuch as streets are not used by the residents of the streets exclusively, Whereupon Councilman Turner MOVED that the Council accept the recommen- dations of the City Manager as outlined above (Nos. 1 and 2) and that it be the policy of the City that the costs referred to with regard to street lighting systems created after January I, 1963 be e~cluded from the asseSSment against private properties under an Improvement Act. Councilman Reibold seconded the motion which was carried unanimously. Councilman Balser MOVED that the Council accept the recommendation of the City Manager and the Water Superintendent; that the plans and specifi- cations for the construction of concrete block walls at Baldwin Reservoir and Camino Real Plant be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, expenditure for same being provided in the 1962-63 budget, Major Projects, Items 2 and 4, Water Reserve and Depreciation Fund WO 309; said bids to be opened February 18, 1963 at 11:00 P,M. and .submitted to the Council at the regular Council meeting of February 19, 1963. Councilman Phillips seconded the motion which was carried unanimously~ I MOTION by, Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the Council approve the recommendation of the City Manager and authorize payment of $49,106.72 to p. E. Van Pelt, Inc. pursuant to the terms of the contract for the delivery of an Aerial Platform and Ladder Truck for the Fire Department, such payment to be made from Capital Improvement Projects Account No. 407 (prior year reserve for encumbrance): AYES: Councilmen Balser, Phillips, Reibo~d, Turner, Butterworth NOES: None ABSENT: None 8, 2-5-63 EXCEPTIONAL SERVICE RECOMMENDATION (I.R.) I RED CROSS (Posters) (A:RC ENTRANCE SIGN (Temple City) (P:Sign) I I 15:5896 The City Manager submitted a copy of a communication from his office to the Personnel Officer and a copy of the Exceptional Service Interim Committee recommendations regarding exceptional service. (On file in office of the City Clerk). The City Manager stated that the matter wa~ submitted:to the Personnel Board at its meeting of January 10, 1963 and after a general discussion of the implementation of an exceptional service program as outlined in the exceptional service report the Personnel Board recommended that the Council adopt the exceptional service program as prepared by the Exceptional Service Interim Committee. After extensive discussion as to whether the matter would be pursued on a trial basis of one year or on a permanent basis, and whether the City Manager should have the final authority to make the award, certificate or payment" Councilman Phillips MOVED that the Council accept the recommendation of the Exceptional Service Interim Committee and the Personnel Board and inaugurate the recommended program on a trial basis of one year and that implimentation be at the discretion of the City Manager. Councilman Reibold seconded the motion which was carried unanimously. MOTION by Councilmap Phillips, seconded by Councilman Turner and carried unanimously that the Council accept the recommendation of the City Manager and grant the request of the Arcadia Chapter of the American Red Cross as contained in their letter of January 25, 1963, and permit them to use 100 lamp pole posters during the month of March 1963, providing permission is obtained from the owners of the poles to be so used, and that the Chapter be responsible for both the placing and removing of the pole posters. Discussion was held on the request of the Temple City Junior Chamber of Commerce for permission to build a Temple City entrance sign to be located on the small traffic island at the intersection of Baldwin Avenue and Las Tunas Drive'and included thereon would be separate signs display- ing the various service clubs. The Director of Public Works displayed pictures of the intersection and the proposed sign on the visual screen. He mentioned that there would be some sight restriction but that the matter o~ liability was of paramount importance. It was stated that information had been received from Temple City that this would be resolved by a rider attachment to their liability insurance. The City Manager then suggested that if the Council granted the request that perhaps it would be of mutual benefit if Temple City would agree to Arcadia having a legend "The City of Pride" on the side approaching Arcadia; that Arcaqia has the same organizations as Temple City. The City Attorney commented that although the City has liability insurance, the premium paid is based on the exposure covered; that ,if it can be worked out to where the sign would serve a dual purpose it could be a gesture of cooperation between two cities to the mutual advantage of both, and if the traffic safety committee would supervise the design of the structure and pass it as being reasonably safe, the improvement should not increase the City's public liability any more than on many public improvements. Councilman Turner then MOVED that the Council approve the installation by Temple City of the requested sign at the stated location upon the follow- ing conditions: 1) that Arcadia be permitted to install its sign on the' reverse side thereof; 2) that Temple City will indemnify Arcadia in its liability insurance; and 3) that details of construction be approved by the Director of Public Works. Councilman Phillips seconded the motion. 9. 2-5-63 REFUNDS (Arcadia Garden Center and Mrs. Eunice Parker) (F :Ref.) BENCH INSTALLATION (F:Rev.) ORDINANCE NO. 1187' (Adopted), , RESOLUTION ,NO. 3551 15:5897 Mr. G. L. Tieman, 8532 Fairview Avenue, San Gabriel, and Vice President of the Temple City Junior Chamber of Commerce, addressed the Council, and thanked the Council for its cooperation, adding that he was certain the matter of Arcadia placing its sign on the reverse side could be resolved. The above motion was then carried unanimously. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that 1) the sum of $9.63 (unused portion of license fee) be refunde~ to Arcadia Garden Center, 145 East Huntington Drive; and 2) that the request of Mrs. Eunice M. Parker for a refund of $12.00 real estate business license fee due to change of plans be denied as not being authorized by the Arcadia Municipal Code: I AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that permission be granted the United Bench Advertisers, Inc. to install a bench with advertising thereon on the southeast corner of Huntington Drive and Sunset Boulevard. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1187, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4113, 4113.6, 4124.1, 4124.1.3, 4124.2.3, 4124.3.1, 4125.6, 4125.11.1, AND 4133.1 OF THE ARCADIA MUNICIPAL CODE, REPEALING SECTION 4124.1.5 THEREOF, AND ADDING NEW SECTIONS 4133.8, 4136.6, 4136.6.1, 4136.6.2 AND 4136.6.3 THERETO." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as foliows that,the reading of the full body of Ordinance No. 1187 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Balser further MOVED that Ordinance No. 1187 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 Attorney presented, explained the content and read the title of I Resolution No. 3551, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE DATES, HOURS AND PLACES OF REGULAR MEETINGS FOR CITY BOARDS AND COMMISSIONS, AND RESCINDING RESOLUTION NO. 2831 AND ALL RESOLUTIONS AMENDATORY THEREOF." MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3551 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Reibold further MOVED that Resolution No. 3551 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: 10. 2- 5-63 RESOLUTION NO. ~553 I ORDINANCE' NO. 1195 (Introduced) I SISTER CITY PROGRAM (Committee) SISTER CITY (Plaque) 15:5898 AYES: Councilmen Balser. Phillips. Reibold. Turner, Butterworth NOES: None ABSENT: None The City Attorney presented. explained the content and"read the title of Resolution No. 3553. entitl~d: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA. GRANTING A ZONE VARIANCE UPON SPECIFIED CONDITIONS FOR THE CONSTRUCTION OF A TEMPLE AND RELIGIOUS SCHOOL AI THE NORTHWEST CORNER ,OF FOOTHILL BOULEVARD AND SECOND AVENUE IN'SAID CITY." MOTION by Councilman Phillips. seconded by Councilman Turner and carried on roll call vote as follows that the'reading of the full body of Resolution No. '3553 be waived: AYES: Councilmen Balser. Phillips, Reibold. Turner. Butterworth NOES: None ABSENT: ,None Councilman Phillips further MOVED that Resolution No. 3553 be adopted. Motion seconded by Councilma~rner and carried on roll call vote as follows: AYES: Councilmen Phillips. Reibold. Turner, Butterworth NOES: Councilman Balser ABSENT: None ,The'City Attorney presented for the first time. explained the content 'and read the title of Ordinance No. 1195. entitled: "AN ORDINANCE OF THE:ClTY COUNCIL OF THE CITY pF ARCADIA, CALIFORNIA, AMENDING DIVISION 5, PART',T.,'" CHAPTER 2, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY ADDING TO TITLE 1 THEREOF A NEW SECTION 9275.1.27 ESTABLISHING AND' INCLUDING NURSERY SCHOOLS AS A SPECIAL USE. BY ADDING THERETO A NEW TITLE 3 ENTITLED "SPECIAL REGULATIONS - NURSERY SCHOOLS'. BY ADDING THERETO A NEW TITLE 4 ENTITLED 'SPECIAL REGULATIONS'~ CUSTOM DRESSING'. RENUMBERING SECTIONS 9275.2.1 AND 9275.2.2 AS 9275;4 AND 9275.4.1 RESPECTIVELY AND ASSIGNING SUCH RENUMBERED SECTIONS TO SAID TITLE 4, AMENDING THE TITLE OF TITLE 2 TO READ 'PROCEDURE'. REVISING THE TITLE OF SECTION 9275.2 AND ADDING TO SAID TITLE 2 A NEW SECTION 9275.2.1 ENTITLED 'REVOCATION'." 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. 1195 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner. Butterworth NOES: None ABSENT: None Councilman Balser further MOVED that Ordinance No. 1195 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold. Turner, Butterworth NOES: None ABSENT: None At the suggestion of Mayor Butterworth. Councilman Phillips MOVED that a committee of 25 to 35 residents of Arcadia be appointed to help promote the Sister City program with the City of Tripolis, Greece, such committee to function along the lines directed by Mayor Butterworth. Councilman Balser seconded the motion which was carried unanimously. MOTION by Councilman Reibold, seconded by Councilman Turner and carried unanimously that the Council accept the recommendation of Mayor Butterworth and authorize the City Manager and Mayor Butterworth to undertake the preparation of a plaque for presentation to the City of Tripolis, Greece, in an amount not to exceed $200.00, and to report back to the Council for the appropriation of the necessary funds for said plaque. 11. 2-5-63 15:5899 AUDIENCE PARTICIPATION (Rostron - Lighting) (F:926) (Mrs. Marlow - Controversial Book) (Mrs. Unland - Controversial Book) (Broffman - Controversial Book) (Young - Controversial Book) (Gelber - Controversial Book) (Plancich - Weed removal) M~. James T. Rostron, 422 Monte Vista Road, Chairman of the Street Lighting Committee of the Rancho Santa Anita Association, 'addressed the Council and' inquired if the policy on street lighting adopted by the -Council earlier in the-evening would affect the Rancho Santa Anita lighting. Me,:;was adv,ised that inasmuch as the policy is retroactive as of January" 1';'.'1963 it will include Rancho Santa Anita lighting. Mrs. Mae Marlow, 310 Camino Real, -addressed the Council, pointing out that the petition presented to t~e Council earlier in the,evening favoring the banning of the book.entitled "The Last Temptation of Christ" ,had been circulated b~ children 'of extreme youth; that -she questioned the ethics ~nd legality of this. She was .informed that the Council has 'no control over the age of circulators; ',this being left to the determination and discretion of a fr'ee people.' - , r I Mrs. Doris Unland, 24 E. Forest Avenue, commended 'the Council on its position with regard to the ~ontroversial book "The Last: Temptation of Christ" and complimented the City Librarian and the City Library for its reference books which are usually not available in small city libraries. Mr. Sidney Bro ffman ' I 1745 Holly Avenue, addressed the Council, stating in part that he was opposed to banning the book entitled "The Last Temptation of Christ" from the City Library. He cited the following Supreme Court decisions' and hoped the Council in its deliberations would refer to these cases: Burston, Inc. vs. Commissioner of Education of New York, 343 U.S. 495 Kingsley International Pictures vs. The Regents of New York, 360 U.S.684 Roth vs. United States, 354 U.S. 476 Dr. Ray Allen Young addressed the Council and stated in substance that he favored banning the book "The Last Temptation of Christ"; that he was of the opinion that the library would not display obscene pictures and therefore should not carry for circulation such a book. Mr. Milton Gelber, 1225 Rancho Road, addressed the Council and inquired whether there would be any public notice concerning the action proposed to be taken by the Council with respect to the petition and report of the Library Board with regard to the book "The Last Temptation of Christ". Mayor Butterworth answered to the effect that any action the Council takes is public; that any action the Council mayor may not take regarding the subject matter will follow deliberation and thoughtful consideration and that it is not known at this time what action if any the Council will take. Mr. Gelber then inquired again as to whether the Council,after its deliberations did take action to ban the subject book from the library. I would have the matter placed on agenda and Mayor Butterworth replied that there may be a division of opinion of the Council on the matter; that no conclusion has been reached; that there is no pending motion before the Council. That the Council has received 5000 signatures on a petition which will not be ignored. That the Council intends to give them consideration but that what specific action will be taken, if any, he did not think the Council was in position to state. That at such time as the Council decides to take some specific action the matter would be noted on the agenda. Mr. Robert A. Plancich, 1845 Alta Oaks Drive, addressed the Council and inquired if the individual owner of property would have an opportunity Y- to clear it of weeds prior to the Weed Abatement program going into effect, and was advised that letters will be mailed ,to the owners of 12. 2-5-63 I I 15:5900 property at the address s~own on the last equalized assessment roll, advising them of the prop'o~ed program; that ,in the interim the owner will have the opportunity to clear'the property, in which event no charge will be made against the property. MAT+ERS FROM CITY OFFICIALS: -,,' (Phillips)Councilman Phillips advised:that there will be a dinner meeting of , ~'l'\l' L ~ - ... ~',.",-... .... ,'''''- . ,J~,-, ....,~., ., Independent Cities on February,.20, 1963 at 6:30 P.M. at the ,Rodger . "I' ' ," ',~ . . Young Auditorium, and Mayor.,Butterworth suggested that he direct the real property tax matter to'said body. " . .~ . . ...- ., .' .' I ADJOURNMENT : At';'iol:!l5 I" '. ;., . ~I P.M. ,,:- ," .~h(n.TI ~:. " ), " ;.I.'~~;I Mayor, But~!!11f~ft? adjourned tlle"meetl.ng,;~ ":' l)l..::~;;Ei · it:" " :-L(:- c eft~ ";-':_1 I~; .1';~' , ."'" \.-.j,-, ;:'.' (';);~4 L i-~. ~~~~.~t-;~~~~ .. :r:'/i\l.' ~lul -, \ ~ : ': :-- !iJt0~ Mayor Butterworth '. ~ ; (. '. .. . , " .....::~ h'.~<;f'~ ~ ..~_ t) 'l ..l;' ATTEST: ," c' !,~ 'fie J5?f]~f A4/ /?(~~ City Clerk ~ ,..~'~~ ~ ....,. j~:.~\'~~1~.~ -;'-i.( " ,-' .~ ~....o. \'. .~ ~- , " . .:' : ,";'''.. ':.:h2. "" _11U- , t~ ".L , :n. :J..:~! " ,....),': '';,4)' ,'L;. ' 'J' ,'- ~ \.: '. r ~ (~. . . :. - ~- ,; t-;~:.'t""Ot' '., " ;k) ..;1 ~ : .1' i.1 1:,_ ... ,':"'jl! ',---;,: J'. ' L -, ,i' ',h',. \.,' ., , 13. 2-5-63 --