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HomeMy WebLinkAboutMARCH 19,1963 I INVOCATION PLEDGE OF ALLEGiANCE ROLL CALL APPROVAL OF MINUTES (March 5, 1963) LIBRARY (Last Temptation of Christ) (A:LB) " I' I 15:5929 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA MARCH 19, 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.~., March 19, 1963. The Invocation was offered by Father Thomas Stehly, of the Church of the Holy Angels. Mayor Butterworth led in the pledge of alleg~ance to the flag. PRESENT: ABSENT: Councilmen Balser, Phillips, Reibold, Turner, Butterworth None MOTION by Councilman Balser that the minutes of the Regular Meeting of March 5, 1963 be approved as submitted in writing. Councilman Reibold seconded the motion which was carried unanimously with the exception of Councilman Phillips who abstained due to his absence from said meeting. Mayor Butterworth stated that he would now speak to a matter of community concern, as follows: "Last Fall the City Administration, and more specifically, the City Cuuilcil and the Library Board were requested to remove from the Public Library the book entitled 'The Last Temptation of Christ' by Nikos Kazantzakis. At the same time many other citizens opposed this request for removal. "The City Council found no reason why it should rush to any precipitous decision, not withstanding a request from some that it come to an instantaneous decision. Since many citizens felt so deeply about the matter, the Council is of the opinion that this matter deserved deliberate and thoughtful consideration, and I might say that the Council is now satisfied that its policy of avoiding a speedy precipitous decision was a sound one. "Recently the Council of Churches suggested, as well as other members of our Clergy, that many of its objectives had been accomplished even though the book in question was not removed, and as the City Council now under- stands the thinking of the Council of Churches and other members of the Clergy, they have withdrawn their request for an immediate withdrawal of this book. "I might say that the Council is very grateful to all citizens, and especially to members of the Clergy on both sides, who have taken the time and effort to give this Council the benefit of their thinking. "There were several hearings on this matter, a huge amount of corre- spondence, and based on all of the evidence which was adduced at these several hearings, as well as upon the written and documentary evidence which has been in our possession, and based ~pon months of considerable consideration, the Council unanimously comes to the following conclusions: "1. The City Council believes that the following represent acceptable Library Board policy: The Library Board does not endorse a book by its presence in the collection, nor does it condemn a book by it~ absence from a collection. The decision whether to read or not to read a book rests with the individual. The Library Board 1. 3-19-6: COUNCILMAN TURNER: 15:5930 of Trustees has the inherent right, in its discharge of its responsibilities to the community, to use discretion in 1) the selection of books for the collection; and 2) control over the availability of certain books for patrons under the age of 18 years. "2. The City Council supports and endorses the principle that no governmental agency has the right to censor what the individual reads. Thus, the book 'The Last Temptation of Christ' by Nikos Kasantzakis should not be removed from the Arcadia Public Library. "3. The City Council reconnnends that the Library Board consider I the adoption of a procedure, when supported, by sound reasoning and judgment, wherein certain restricted books be removed from the open shelves of the library and placed in a closed area not available to those under 18 years of age except under controlled procedure. "4. The City Council of Arcadia will support the right of a City Employee to petition the Government for a redress of his grievances or to assert other rights guaranteed by law and a Municipal employee may exercise such rights from time to time without loss of employment or fear of other reprisal." Councilman Balser then MOVED that the Council accept the above as a statement of its policy and that it be made part of the records of the City of Arcadia. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The individual Councilmen thereafter read the following supplemental statements: "In my op'~ion there is a very fine line of distinction between 'book selectiol.' and 'book censorship'. I am very definitely opposed to 'censorship' but by the same token I am as definitely in favor of very rigid and careful 'book evaluation and selection practices'. It is a well known fact, that due to limited funds, we can not buy all the books printed, therefore, every caution should be exercised to provide our tax payers the most desirable of the available books. "I feel that in respect to book selection our Library Board needs to give some very serious consideration to revising its book selection procedures because it appears to me that our library has a great many books that are not as desirable as a great majority of the books we do not have on our shelves. It also appears to me that the evaluation factor of selection is not being used to the best advantage. In other words I do not believe that each book we have on our library shelves could stand up to a simple two (2) point pre-purchase test of: I "1. Will this book add anything beneficial to the topic in point? "2. Will this book be of greater value to the citizens of Arcadia than anyone of the available books that can not be purchased if this book is purchased? "As I said before I am for rigid evaluation and selection practices and against censorship. I feel that through careful evaluation any book can be selected or rejected without thought of censorship but by the same token once a book is evaluated, selected and purchased to remove same from the library would be I censorship in action I- even though we could all possibly agree that poor judgment was evident in 2. 3-19-63 COUNCILMAN REIBOLD: " I I .... y ,.~' " , " :: ":,' -..' 15:5931 the books selection in the first place. "I, therefore; can not vote for the removal of any book from our library, however, I would like to see certain 'so called restricted books' in our library placed in an area open on!-y to adult patrons." "With respect to the removal of the book from the library, I would like to make this connnent. ,"On November 26, 1962 the Arcadia Council of Protestant Churches wrote to the City Council requesting that a book be removed from the Arcadia City Library. On December 4, 1962 the City Council referred the letter to the Library Board 'of T~ustees with a request that the Board thoughtfully consider the matter and report back and advise the Council of its deliberations. In a letter dated January 25" 1963 the Board of Trustees advised the City Council that after meeting with representatives of the Council of Protestant Churches, hearing interested parties at a regular Board 'meeting, and further independent deliberation pn their part, they 'then moved to '.... retain the book on our shelves free of the reconnnended censorship aim of a single interest group.' This connnunication was filed without connnent by the City Council. "At a regular meeting of the Arcadia City Council held on February 5, 1963 Rev. H. Warren Anderson, Chairman Arcadia Council of Protestant Churches, stated that 'A special study connnittee, elected by the Ministerial Council, has spent hours with the Libr~ry Executive Connnittee without finding a workable solution to the, problem. , Rev. Anderson then presented the City Council with a petition signed by approximately 59pO persons. The petition requested that the book, 'The Last Temptation of Christ,' be withdrawn from circulation and removed from the library. However, Rev. Anderson in his presentation pointed out that some of the purposes of the petition had been achieved and, that while those who presented the petition reaffirm their undiminished opposition to the book as reprehensible and blasphemous, they nevertheless suggest that the innnediate consideration of the petition be deferred, and rather that the basic grievance be carefully deliberated by members of the City Council. "The Rt. Rev. Msgr. Gerald M. O'Keefe, Pastor of the Church of the Holy Angels, then addressed the City Council relative to the petition. He stated in part that, 'His position was, that the placing of the book in question, in our City Library was and is offensive to the public good, as well as to the moral standards of a reputable segment of our citizenry.' He further stated that, 'The action taken by the Council of Protestant Churches, with my full sympathy and co-operation, was and is based on this tenet. I fully concur with the action taken by the Council tonight, and I do not regard this action as a surrender of principle or of conviction, but as a contribution to peace and unity.' "The City Council, as a result of receiving the petition, undertook further investigation of the matter and considered in depth certain aspects of library practice and administration. The result of these deliberations where accord was reached was the Councils' Joint Statement on Library Policy, as presented by the Mayor. "With respect to the Book, 'The Last Temptation of Christ,' written by Nikos Kazantzakis, it is recognized that a majority of the people involved in this controversy would have preferred that the book had never been purchased by the Library. It is further recognized,that once the book has been placed on the shelves and an issue made of it, the problem is no longer one which has a simple solution. The dissension has become a 'Tornado' of related and unrelated principles: 'Censorship, Home Rule, Intellectual Freedom and Religious sensitivity and doctrine have all 3. 3-19-63 v COUNCILMAN PHILLIPS: 15:5932 interlaced themselves to spawn one of the most heated and deep seated disputes our City has known in recent years. It would appear that to physically remove the book at this time would only re-kindle and fan the fire to new heights. Rather it would seem that the long term good would be better served by confining it on a truly closed shelf, and placing the emphasis on the administration of the Library to the end that this regrettable incident does not happen again. "If I may, I would like to add a postscript. It may be that what we here find ourselves surrounded with is only a part of a more general stirring. This in itself could be good. "It is an enigma to me to comprehend, much less understand, the Ultimatel impact of a trend which appears to slope downward into a dilution of moral integrity and moral responsibility. I cannot understand for what purpose certain printed words are so completely championed. I am unable to accept the concept that just because ideas expressed in words and printed in ink upon paper and bound between covers of a book are innnune to accepted standards of conduct. These same ideas depicted in another medium, the spoken public word, painted in color upon canvas or printed on newsprint, would result in the speaker, or the artist, or the publisher being ostracized and isolated because of his lack of ethical sensitivity~ "I believe that all people involved in this controversy should, in sober contemplation, reflect upon the ultimate result of their course of spirited and dedicated action. Let us all pray and work toward the end that what we do today, each inspired as we are by high motives, will not in fact nurture the seeds of destruction for the way of life with which we have been so richly blessed. That we do not leave a heritage of desolation and decay for our children and grandchildren." "I also wish to make some supplemental remarks which will help to point up the reasons for my conclusions in this matter. I connnunicated these thoughts to Mayor Butterworth and he concurs in my conclusions and joins me in this statement. "Section 709 of the Charter of the City of Arcadia expressly provides that the administration of the public library is vested in the Library Board. A councilman, upon assuming his office, swears to uphold the laws of his country and state as well as the laws of Arcadia. Under the basic law of the connnunity, the City Charter, the Council has neither power nor jurisdiction to order the library administration to remove a book. We believe that an attempt by the Council so to do would be violative of our oath of office, and a flagrant disregard of the express provisions of the City Charter. 'The Council could indirectly remove a book from the Library, if it so desired, by removing from office the Library Board of Trustees, and appointing new Trustees subservient to its desires. Such a procedure would equally defeat the intent of the Charter. We further believe the Library Board acted properly, in good conscience, and exercised reasonable judgment in the light of the evidence heard. We believe any action to reverse the decision of the Library Board under existing circumstances by the process of removing the members of the Board from office would undermine the foundations of Connnission and Board govern- ment in Arcadia. I "We are not unmindful of the wishes of the electorate and ever seek to be attentive to their requirements. The connnunity appears to be divided in this matter, and to a degree of division that cannot be readily ascertained. The majority of the clergy contend that the book is blasphemous and sacrilegious while a minority of the clergy refute this contention and declare that, to the contrary, the book has religious value. A petition signed by several thousand persons and filed with the City Council requests the removal of the book, while on 4. 3-19-63 . , ,.: .,", ~ 15:5933 the other hand, one of the largest mailings in Council history firmly denounces any attempt to remove a book from a tax supported library. I "We are in -full sympathy with the members of the clergy who felt an obligation to speak out on this matter. We do not question, least of all dispute; the distinguished members of the clergy who urge that the" book is blasphemous. On the other hand, questions of blasphemy or heresy are not ones that public officials can or should decide. It is our opinion that blasphemy is not a demonstrable fact but rather a matter of opinion and dependent on an individual's theology. This conclusion is aptly illustrated in Arcadia today by the conflict among the clergy themselves as to whether the book is or is not blasphemous. "In the final analysis, we further conclude that blasphemy should not be the basis for the removal of a book from a tax supported public library. The Supreme Court of the United States, in the case of Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495 (1951), held unconstitutional a New York law which authorized state officials to prohibit the showing of a motion picture on the grounds that it was sacrilegious. The language of the Supreme Court of the United States is appropriate to the controversy at hand: 'In seeking to apply (such a standard), the censor is set adrift upon a boundless sea amid a myriad of conflicting currents of religious views, with no charts but those provided by the most vocal and powe! orthodoxies...Under such a standard, the most 'careful and tolerant censor would find it virtually impossible to avoid favori~g one religion over another, and he would be subject to an inevitable tendency to ban the expression of unpopular sentiments sacred to religious minority... From the standpoint of freedom of speech and the press, it is enough to point out that the state has no legitimate interest in protecting any and all religions from views distasteful to them '" It is not the business of govern- ment in our nation to suppress real or imagined attacks upon a particular religious doctrine, whether they appear in publications, speeches or motion pictures.' "We are of the opinion that to remove from a tax supported public library books which offend the religious points of view of one group while leav- ing in the library books which are acceptable to this group, tends to prefer one religious point of view over another. This is contrary to the First Amendment to the Constitution of the United States. I "We do not agree with the premise that the library cannot purchase all books and thus a form of censorship exists when certain books are selected for, and other excluded from, the library collection. The limited selection of books by the library staff because of budgetary limitations is something- quite different than the removal of a book from the library for the purpose of suppres'sing the communication. Censorship might exist in the initial selection of books for the library collection if the staff excluded certain books from the collection with an intent to suppress the, intelligence contained therein. There is no evidence that this has ever been done by the library staff, least of all that it is library policy. "Adult citizens have a right to determine for themse~ves the suitability of reading material available in the City Library. The Library Board statement 'that neither the Board nor the Librarian endorses a book by its presence in the collection, nor condemns it by its. absence' appears to us to be sound and appropriate library policy. " , "The spokesman of the Arcadia Council of Protestant'Churche~ stated before the council on February 5, 1963 that some 9f the purposes of the petition seeking the removal of said book had been accomplished. 5. 3-19-63 COUNCILMAN BALSER: HEARING (Dunkle) (F:971) 15:5934 We sincerely hope that this is so, and hope further that there have been connnunity benefits, both religious and political, from the participation of many citizens in this controversy." "To me, the book 'The Last Temptation of Christ' is objectionable. I would go so far as to say, it is very objectionable. I determined this after reading many of the book reviews and excerpts from the book. I made the decision not to read the book for that reason and feel the decision, to read or not to read a book, rests with the individual. "However, I have serious doubts whether many young people could evaluate and assimilate the contents of this book to the degree that adults could. Therefore, I think the book should be placed in a closed area, not available to young people without the written consent of their parents. I "Certainly our Library budget does not permit the purchase of all the desirable books we would like to buy. Therefore, at the discretion of our Library Board, I feel that possible objectionable books need not be selected without casting reflections of censorship. "I have faith in our Library Board of Trustees. I believe that steps will continue to be taken to make our library second to none. "Even with all of the controversy over the book 'The Last Temptation of Christ,' probably some 'good has come out of it. Certainly it has created a religious and political awakening in the community. "I sincerely hope that the clergy of this city will continue to hold themselves responsible for the spiritual life of this connnunity." Mayor Butterworth stated that he joined in Councilman Phillips' statement; that the Council would hear anyone in the audience wishing to address the Council on the subject matter at the time set on the agenda for audience participation. At 8:25 P.M. Mayor Butterworth declared a recess to enable the written statements of the Council to be distributed to the press, and Council- man Reibold ~ that said statements also be communicated to the Library Board forthwith via the City Clerk. Councilman Balser seconded the motion which was carried unanimously. The meeting reconvened at 8:27 P.M. Mayor Butterworth declared the hearing open on the application of Albert K. Dunkle and Sun Appliance Co. of Los Angeles, residing at 3301 West Beverly Blvd., Montebello, for a permit to allow prospective customers to be contacted for sales and service of vacuum cleaners, polishers and I accessories of home care cleaning equipment, and inquired if anyone in the audience desired to address the Council with regard to the subject matter. Mr. Albert K. Dunkle, 100 N. Roscoe, La Habra, addressed the Council, advising in substance that his company's method of conducting business was through their satisfied customers arranging appointments for home demonstrations of his company's products. Mr. Harold J. Schoettler, President and General Manager of the applicant company, addressed the Council, and described his company's procedure in soliciting business. He displayed a toy French Poodle and stated that such merchandise was given to the person permitting a home demon- stration; that the satisfied customer arranging the appointment, if it 6. 3-19-63 I I LAND USES IN CENTRAL MEA (Moratorium) (F:899) , , < ' 15:5935 resulted in a sale, was compensated. by a reduction of the outstanding balance of his contrac~. In'answer to various questions of the Council, Mr. Schoettler advised in substance that in the past 16 months his company has sold approxi- mately 7000 machines resulting in some ~O,OOO appointments with 22,000 demonstrations., That the salesmen are employed by.his company resulting in more control over them than if ,they were individual contractors. That when a satisfied customer succeeds in arranging an appointment the information is relayed to his company and, that,. such appointment is verified prior to'one of their men going to 'the residence. That the arranging of the appointment. is the only funqtion of the satisfied customer, the actual selling being done by thei"r employees. He also stated that he would be amenable, to a writte~' statement being'submitted to his satisfied customers advising them of the City',s anti-solicitation ordinance, which would then make his company'responsible for any infringe- ment of such ordinance. He asked if such a statement could be drafted by the City Attorney. No one else desiring to be heard ~yor'Butterworth declared the hearing closed. The City Attorney advised that the applicant's announced practice would not in his opinion conflict with the City's solicitation ban; that the condition suggested will have a wholesome effect upon the satisfied customer and remind him of the provisions of the ordinance; that repeated violation of the'condition would be grounds to revoke the permit itself as well as grounds for'the issuance of a complaint as ,to the violator; however, that a demonstration or solicitation with the consent of the householder does not per se violate the City's ordinance; that if a confirmation of the appointment is made by telephone then there is a direct invitation from the householder and that in his opinion he does not consider this an attempt to evade the City's anti-solicitation ordinance. Councilman Phillips stated that upon the basis of the statements made by the applicant that appointments are confirmed by the company prior to call he would MOVE that the Council approve the issuance of a permit to Albert K. Dunkle and Sun Appliance Company of Los Angeles to allow prospective customers to be contacted by appointment previously made and confirmed for sales and service of.vacuum cleaners, polishers and accessories of home care cleaning equipment on the condition that applicant and its customers comply with the City's anti-solicitation ordinance and that applicant supply its customers with a written statement, approved by the City Attorney as to form, advising them of the provisions of the City's anti-solicitation ordinance. Councilman Turner seconded the motion which was carried unanimously. Extensive discussion was held on a proposed emergency ordinance which would place a moratorium on development activities in the central downtown area for such time as is necessary to finalize the reclas- sification of many of the properties in the subject area and the amendment of and addition to the zoning regulations effecting the same. The City Attorney explained that the Planning Commission recommended the adoption of the proposed ordinance to be 'in effect until the Planning Consultants' plan in its final form is approved by the Council, adding that he had prepared for Council's consideration an ordinance which, if adopted, would preclude all new building in the area under study, roughly described as bounded on the north and northeast by the Foothill freeway, on the east by Fifth Avenue, on the south by Diamond Street and the west by Santa Anita, and the area bounded on the east by Santa Anita Avenue, on the south by Huntington Drive, on the west 7. 3-19-63 BID AWARD (Removal of Library Bldg.) (F :703) BID AWARD (Street Light- ing - Rancho Santa Anita Job No. 277) (F:926) RESOLUTION NO. 3572 15:5936 by the former P.E. Railway right of way and the easterly line of Tract No. 15337 and on the north by Colorado Boulevard, and would preclude all certificates of occupancy for new uses of existing buildings unless the Council determines the use to be in accord with the planning studies, uses and criteria and authorizes the certificate of occupancy. At the suggestion of Councilman Phillips (which suggestion the Council felt was well taken) the City Attorney was asked to draft into the proposed ordinance a provision to the effect that the Council may, by a four-fifths vote, authorize the issuance of a building permit for any building or structure within that portion of the area above described with respect to which the Council has approved the consultants' plan, if in its opinion such building or structure conforms with the criteria and uses proposed for such area, and to submit the subject ordinance later in the meeting. Following bids received March 4,1963 for the demolition of the former library building at Wheeler and First Avenues, the lowest bid being made by Atlas Crane & Rigging Co. in the amount of $5,000.00: I Atlas Crane & Rigging Co. Aztec Stone & Brick Co. Mead House Wrecking Co. Self Wrecking & Supply, Inc. $5,000 6,600 18,333 20,700 Councilman Phillips ~ that the Council accept the reconnnendation of the City Manager; that a contract for the demolition of the former library building be awarded to Atlas Crane & Rigging Co. in the amount of $5,000; 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: NOES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth None ABSENT: None The City Manager advised that the following bids were received for the installation of street lighting on Altura Road and other streets, Job No. 277, pursuant to the 1911 Act; that Electric & Machinery Service, Inc. was the low bidder at $75,738 and that the award of the contract to said low bidder will be by adoption of Resolution No. 3572: Electric & Machinery Service, Inc. Paul Gardner Corporation Stieny & Mitchel, Inc. Sherwin Electric Service C. D. Draucker, Inc. Lord Electric Company, Inc. Allen Engineering Company G. & B. Electric Company Engineer's Estimate $75,738 81,305 88,619 88,694 QO 594 90,677 91,432 92,900 103,241. 99. I The City Attorney thereupon presented, explained the content and'read the title of Resolution No. 3572, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AWARDING CONTRACT TO IMPROVE ALTURA ROAD AND OtHER STREETS (JOB NO. 277) IN THE CITY, IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3539." 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. 3572 be waived: AYES: NOES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3572 be Motion seconded by Councilman Balser and carried on roll call follows: adopted. vote as 8. 3-19-63 BID AWARD (Street Improvement Project' No.2 - Job No. 279) I (F: 970) BID AWARD (Recreation Building - Wilderness Park) (F: 1271) , I . . "'H '"'''I! . ,'IJ. - - . . ~" 15:5937 AYES: Councilmen Balser, Phillips, Reibol~, Turner; Butterworth NOES: None ABSENT: None Following bids received for the addition to resurfacing program of major City streets, under the 1962-63 Gas Tax Project, and Extra- o~dinary Highway Maintenance, Job No. 279: ' .,,' Warren Southwest, Inc. " Osborne Constructors Sully-Miller Contracting Co. A-I Concrete, Inc. Aggregate Construction; Inc. Griffith Company $11,155.95 11 ,46'0 .00 12,730.32 13,329.88 13,368.40 14,038.00 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 and the Director of Public Works; that a contract for this work be awarded to Warren Southwest, Inc. in the amount of $11,155.95 not including alternate; 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,tpe 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 The City Manager advise4 that the following bids were, received for the construction of a Recreation Building in Wilderness 'Park, the lowest bid being made by Zastrow Builders in the amount of $30,407.00: Zastrow Builders Cummings Construction Corp. Crehan Construction William H. Roether, Inc. Clark Elliott General Contractor $30,407.00* 34,264;00 35,640.00 35,932;00* 39,742.00 . \.<, ( .;' . ' ,. . ~.. ... ',' *Conditional bid not including relocation of Edison pole'. He further advised that th~ bid of Zastrow Builders was not complete in accordance with the speCifications in that it did not include the cost of relocation of an Edison pole. That it is recommended that the Council reject this bid for this' 'reason and that the contract be awarded to Cummings Construction Corporation. Discussion ensued regarding the above recomm~ndation. Mr. Zastrow addressed the Council, stating in substance that the cost of reloca~ing the Edison pole had been excluded due ,to inability to receive s.:1ch" informat~on from the Southern 'California Edison Company. Councilman Turner MOVED that the Council reject all bids and that the City Clerk be authorized to readvertise the project, bids to be returned April 1, 1963 at 11:00 A.M., the plans to set forth the exclusion of the relocation of the Edison pole. 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 9. 3-19-63 BID AWARD (Landscape - Wilderness Park) (F: 127e) BID AWARD (Gasoline) (F: 972) 15:5938 Following bids received on March 15, 1963 for the landscape planting and sprinkler system at Wilderness Park, the lowest bid being made by Moulder Bros. in the amount of $18,576.00: Moulder Bros. Beverly Landscape Co. Southern Counties Landscapers Joe Delgado Co. Lupe L. de Anda Simpson's "Garden Town" $18,576 20,666 22,243 25,377 26,000 28,102 MOTION by Councilman Turner, seconded by Councilman Phillips and I carried on roll call vote as follows that the Council accept the reconnnendation of the City Manager and the Director of Public Works; that a contract for the landscape planting and sprinkler system in Wilderness Park be awarded to Moulder Bros. in the amount of $18,576 subject to the following completion schedule: 1. After award of contract he will remove, store, or relocate indicated plant material at the request of the owner on 7 days notice. 2. It is requested that 45 days be allowed for complet- ing the work after completion of fine grading by the building contractor; that all other bids be rejected; that any irregularities or infor- malities 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; and that the transfer and appropriation from Reserve Capital Improvements Project Account No, 285, in the General Fund, to Capital Improvement Project Account No. 608 - Wilderness Park of the sum of $20,000 be authorized: ,> AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Following bids received March 7, 1963 in the Purchasing Office for gasoline to be delivered during the period of April 1, 1963 to March 31, 1964, the lowest bid being made by Signal Oil Company: Signal Oil Company Richfield Oil Corp Standard Oil Company of California Mobil Oil Company Union Oil Company of California Tidewater Oil Company Shell Oil Company Regular .1833 .1858 .1913 .1929 .2000 .2008 .2130 I Premium .2033 .2083 .2114 .2149 .2210 .2258 .2530 (Prices include California Motor Vehicle Fuel tax and exclude Federal Excise Tax) MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Purchasing Officer; that a contract for the delivery on a -keep filled" schedule of gasoline to the City for the period of April 1, 1963 to March 31, 1964 be awarded to Signal Oil Company in the amount quoted; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and 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: 10. 3-19-63 AGREEMENT (Locher) I BONITA PARK (Lighting Center) (F:76l) COMPLETION OF WORK (Beautification of Santa Anita Avenue) (F:945) , " 15:5939 AYES: Councilmen Barser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Turner ~ that the modifying agreement between the City and Albert Locher, prepared and submitted by the City Attorney'in accordance with the recommendation' of the Personnel Board be approved and that the Mayor and City Clerk be authori~~~ to execute the same. Councilman Reibold seconded the motion which was carried unanimously. , ' The City Manager referred to his report dated March 19, 1963 Bonita Park Lighting Costs and Charges (on file' in office of Clerk) and' his suggestion that the $5.00 per hour charge for ing system be retained.' regarding the City the light- The City Council having considered the above mentioned report and con- curring ip the suggestion of the City Manager, Councilman Reibold MOVED-that the existing $5.00 per hour charge for the lighting system in Bonita Park be retained. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen BaIse!, Phillip~~ Reibold, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the Council approve the recommendation of the City Manager and the Director of Public Works and accept the work of Lupe L'. de 'Anda, contractor for the beautification of Santa Anita Avenue from Camino Real to Live Oak Avenue and authorize'payment to be made in accordance with the contract with said firm for the above specified work; and the bond released after the expiration of the required 35 days: ' AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None LEAVE OF ABSENCE MOTION by Councilman Balser, seconded by Councilman Reibold and carried (Beebe - Maher) unanimously that the Council accept the reconnnendation of the Personnel Board and approve a 41 calendar day leave of absence without pay, from January 9, 1963 to February 18, 1963 for Agnes 'Beebe', Legal Secretary, and a 90 calendar day leave of absence without pay from January 23,1963 to April 23, 1963 for John Maher, Dispatcher Clerk, Fire Department, the leave of absence of John Maher not to constitute an interruption of service. (IR:Pers.) I wm,oom RESOLUTION NO. 3571 (IR :Pers.) The Council concurring in the proposed changes by the Personnel Board in the Personnel Rules, 'as set forth in report dated March 15,1963 from the Personnel Officer (on file in office of the City Clerk) the City Attorney submitted, explained the content and read the title of Resolution No. 3571; 'entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF RULE I AND SECTION 3(a) OF RULE IV OF THE PERSONNEL RULES AND REGULATIONS 'OF THE CITY OF ARCADIA." . " " . MOTION by Councilman Phillips, seconded by Councilman ,Reibold and carried on roll call vote as follows that the reading of the f~ll body of Resolution No. 3571'be waived: . . ~ . ll. 3-19-63 POSTERS (Public Schools Week) (A:Pr) AMERICAN LEGION (Banners) (A:Pr) COUNTY BOUNDARY COMMISSION ORDINANCE NO. 1198 (Emergency - Adopted) (F:899) RESOLUTION NO. 3570 15:5940 AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3571 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 I MOTION by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the Council grant permission to Mr. H. H. Goddard, Chairman of the Committee for Public Schools Week, to have posters placed on utility poles in the business areas of Arcadia from approximately April 15 to April 27, 1963, said posters to be removed promptly on the above date. MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the Council endorse the program outlined in the communi- cation from the Arcadia American Legion Post No. 247 dated March 15, 1963 to display flags from 8 foot staffs on the electrolicrs along Huntington Drive between Santa Anita to the east city limits on recognized holidays. Mayor Butterworth ordered filed notice of proposed Annexation Nos. 317 and 318 to El Monte as they have no effect on Arcadia. As mentioned earlier in the meeting, the City Attorney presented and read in its entirety Ordinance No. 1198, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROHIBITING THE ERECTION, ALTERATION OR MOVING IN OF BUILDINGS OR COMMENCEMENT OF NEW USES IN THAT PORTION OF SAID CITY UNDER STUDY FOR RECLASSIFICATION OR CHANGE OF ZONING REGULATIONS." Councilman Phillips declaring Ordinance No. 1198 to be an emergency ordinance necessary for preserving the public peace, health and safety, and that it will take effect immediately upon its adoption, MOVED that the Council adopt Ordinance No. 1198. 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 The City Attorney presented, explained the content and read the title Ofl Resolution No. 3570, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A REQUESTED VARIANCE AND/OR SPECIAL USE PERMIT TO DRILL TWO WATER WELLS, CONSTRUCT BUILDINGS AND WATER TANK AND INSTALL APPURTENANT EQUIPMENT ON THE SOUTH SIDE OF CLARK STREET 400 FEET EAST OF PECK ROAD IN SAID CITY." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3570 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None 12. 3-19-63 15:5941 Councilman Balser further MOVED that Resolution No. 3570 be adopted. Motion seconded by Councilman Turner and carried on r~ll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None AUDIENCE PARTICIPATION I (A:LB - Book) M,. Milton Gelber, 1225 Rancho Road, addressed the Council and received ,permission to propound certain questions of the Council with regard to the Councilmanic action taken at this meeting regarding the Library Board and the controversial book issue, and the following questions and answers ensued: GELBER: "This business of the reading of the joint statement, am I correct in assuming that this is properly City business that wa~' transacted?" BUTTERWORTH:"To the extent that it did not involve personnel matters, Mr. Gelber, yes." GELBER: "May I inquire then at what open and public meetings this joint statement was arrived at?" BUTTERWORTH:"You might say at what private meeting was the joint state- ment arrived at and I do not think it was arrived at at a private meeting. As we have indicated before, there were two personnel matters involved in this - one involves the Librarian and the other involves the Library Board and any private discussions that we had pertained essentially to these matters." GELBER: "But the matters that were referred to in the joint statement referred to the policy of the City." BUTTERWORTH:"Which I prepared Mr. Gelber. Somebody had to draft it. I drafted it." GELBER: "Was this drafted as a result of conversations among the members of the City Council at an executive session." BUTTERWORTH:"To the extent that it involved personnel matters, yes. To the extent that it did not involve personnel matters, no." GELBER: "May I presume upon the members of the City Council - they may answer or not if they wish, as to which of the members of the City Council had read the book under discussion?" I BUTTERWORTH:"Well, Mr. Gelber, I do not see the pertinency of that question. If any Councilman here wants to make any observations on it they are free to do so but it has been our policy at this stage of the meeting to l~t citizens advise the Council on various matters and I think your'questions pertaining to the Brown Act are well taken, 'but I think whether or not a member of the Council has or has not read the book goes beyond the policy that we have at this'stage of our,proceedings. I for one will not require the Council to answer that question. If any member cares to respond he is free to do so." REIBOLD: "I bought the book and I read better than half of it." 13. 3-19-63 '. HERBERT MEIER 15:5942 PHILLIPS: "I had the book out of the library for approximately three weeks and read probably two-thirds of it .'!.. BALSER: "I read portions of the book." GELBER',' "They' were excerpts Mr. Balser." BALSER: "Excerpts, excuse me.tl -\:., GELBER: , "That were prepared and pr~sented to you for I assume?" your reading BUTTERWORTH :," I think that's a violent deception. I '~on' t think councn-I ~n, Balser said that at all." TURNER: "I did not read the book. I read the guide by which the library selected the book and I read the excerpts." BUTTERWORTH:"Well I read the book from page to page; read every book review in connection with it that I could lay my hands on." GELBER: "Thank you." Mr. Herbert Meier, 1212 Oakwood Drive, addressed the Council and stated in substance that in his opinion and in fairness to the Library Board the results of the joint statement constitutes the unanimous endorse- ment that the book "The Last Temptation of Christ" be retained on the library shelves. but is a three to two vote against the Library Board and its handling of the administration of the library. Also that in his opinion it is beyond comprehension that the Council considers just and suggests changes in the book selection policy when in fact all the councilmen have not read the book in question. That he felt that the Council members should read the book in its entirety before making a sound decision, as a duty of a City official. Also that he would like to be informed of an adverse book review on the subject book. In answer to Councilman Reibold's question as to whether he felt it would be equally important for all members of the Library Board to read the book, Mr. Meier replied in the affirmative. Councilman Balser stated that he wished to emphasize that his statement could not be interpreted, in his opinion, as a vote of no confidence in the Library Board. Counr.ilman Turner stated in substance that to clarify how the joint statement was prepared, that each councilman prepared the kind of state- ment he thought was correct, it was passed around and Mayor Butterworth took the prerogative of preparing a final statement which he submitted to Council prior to the meeting. Mayor Butterworth stated in part that he probably is as, well informed on the Brown Act as anyone in the City; that he thought the Council was quite circumspect in this particular matter; that there was absolutely no joint discussion by which the statements were consolidated; that the joint discussions were had solely and entirely in connection with personnel matters. Mayor Butterworth continued, stating in substance that he has a very high regard for Mr. Meier; that he (Mr. Meier) has given the City the benefit of his thinking which is always welcome. That he does not agree with Mr. Meier's observation that the joint statement constituted a three to two disapproval of the Library Board; that he supports Councilman Balser entirely in his observation; that in his opinion, based on all the 14. 3-19-63 I ADJOURNMENT I 15:5943 temarks made and ~ouncil's deliberations, that there is a three to two vote against the Library Board; that he did not dispute Mr. Meier's right to come to that conclusion but that he would not want the failure of the Council to respond to be an admission that it accepted Mr. Meier's analysis, which is respected by the City Council.'-That in his opinion the elected repr~sentatives have a right, and indeed an obligation, to express their thinking on any matter that is before ,the community. That ~s was not~n there was,a wide range of statements am~ng the Council who q1i:ite' frequent~y di~~g!::~~;;pn public mat'!::ers, but, 'rather than be discouraged, brag l!-~out t!'!':l.flipt that they ,do tl)i':1k, for themselves; that the interests ,of ,democratic government are bes't served by a council Ht' ' . .' .," ~I . .' . .. composed of men who, speak, out",their thoughts and that in his opinion tfiis/ls what the Co~ncilme~~did this evening;' That i~' his opinion the ~ I , . ... I:>' _ r Libra~ydBoard has indeed ,been ,sustained; that 'the Co~ncil is not unmind- , ~ .. . . , . 1 ' 'ful ,of the: great amount.p'f,time the Library Board 1:>as, devoted to the c'6mih~nity and to the operild.''(;ii of the librar/;":f~r whih it has received . , (I I ~ j .. h ..'\>- '7 -"~I' ..... " ." the, "tllanks, of the Councilc,imd~ the connnunity. -" " .:tt"~l . ,1 .." "~':;i1{"l.ljs:.\l ,I ~ ~ ".!d I. L , _;~ ....' . . , ,...' ,: .,: 'I~l " . ~ '1 I ".,~ ; .. :,. . . 'In ~re'sponse to 'Mr. Meiei"'s"'remarks that he' would stand- corrected if he ha'dF'ghen an erroneo~s') impli~,s:~'ion, Mayor Bu'i:i:'erworth: s'tated in part ," ,\ thi.t~i:here'was no need' for'Mt~\Meier to stai1'Ci'correcte'd; that he was eni:"i'tled t'o his own views;' thai Mr. Meier' de intereste'd in public ,affai1's' an'd the Co!'nci}, 'is }ltjays glad to l'g~'i:' :i:he benerit of his thinking; 'that' he' just wanteo' him' to' k'fidw the thinkin~ "of the Council which ,might vary slightly from,his:ownci~dependent thinking. ~ ".. . ,'. If . '.,:r")::l.:l.l,t - i:" '.. .;,- ,(2 "I. i':':\':;', ;':':J, , Thete_being no one'else desiring to addre~s the'~ouncil, and there being no otner'matters to be brought up by eith~r_Jhe,Pouncil or the City off~'c;:~ai';,~ Mayor Butterworth adjourned the: meeting 'at' ,10 :05 P.M. ,'..' , ',.i~~'~:~ii: fl~. ;~;>>,~,:(j)~ "," (!'t,..~. Mayor 'But.,tenoor:t;h ':"~' . . ~\ "1\ /., ,I" " ," . ~ .t. .! " I.,' .\., ~ ;. , " ,-. .,' 31"" .c .. Ci~y Clerk " ' - ,- ."' -. ..... ..... . ',' . ':'Y3 , ' ' " ~.: " "I, , :;." I " .~ I., " ',' . Ill: 1.; I' c' '. l" f~ ':;.! c 1':1\ l.i~ ;1._ "4~ 1~: :' :; .1 '.-'.' :i : ..,"::~. '. ('9 { 1;,\', .:'. f. " " [, ',,j , ..' " ~ ,- .0' "'':'0 ..,.....;..1. " >t; " 15. 3-19-63