HomeMy WebLinkAboutAPRIL 16,1963
INVOCATION
1
PLEDGE OF
ALLEGIANCE
RESIGNATION
AS MAYOR
(But terworth)
ELECTION OF
MAYOR
(Phillips)
SISTER CITY
COMMITTEE
APPOINTMENT
(Butterworth)
PLAQUE
PRESENTATION
(Butterworth)
ELECTION OF
MAY!>R PRO
TEMPORE
(Re1bo1d)
I_c=
APPROVAL OF
MINUTES
(4-2-63)
15:5957
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
APRIL 16, 1963
The City Council of the City of Arcadia met in regular seas ion in the
Council Chamber of the City Hall at 8:00 P.M., April 16, 1963,
The Invocation was offered by Rev. J. Davis Barnard, Pastor of the
Arcadia Presbyterian Church,
Mayor Butterworth led in the pledge of allegiance to the flag.
Mayor Butterworth expressed his appreciation for the opportunity to
serve as Mayor during the past year and announced that he had tendered
his resignation as Mayor at the last Council meeting to be effective
at thia meeting.
Councilman Reibold, on behalf of the Council, accepted with regret
Mayor Butterworth's resignation, and p1aced'in nomination for Mayor,
Councilman Phillips, He MOVED that nominations be closed and that the
City Clerk cast an unanimous ballot for Councilman Phillips' election
as Mayor of Arcadia. Councilman Balser seconded the motion which was
carried unanimously.
Whereupon Councilman Phillips took his seat as Mayor of Arcadia. He
extended thanks for the privilege of serving as Chairman of the Council
for the ensuing year.
Mayor Phillips appointed Councilman Butterworth to the Sister City Stand-
ing Committee and requested Councilman Butterworth to represent the City
of Arcadia in the capacity of Mayor of Arcadia during his proposed visit
to Greece and particularly Tripo1is in Greece, Arcadia'a Sister City,
Mayor Phillips then presented Councilman Butterworth with a plaque
expressing appreciation for his services during his tenure as Mayor of
Arcadia. Councilman Butterworth accepted the plaque and the appointments
with gratitude.
Nominations were declared open for the office of Mayor Pro Tempore.
Councilman Butterworth placed in nomination Councilman Reibo1d and
Councilman Balser MOVED that nominations be closed and that the City Clerk
cast an unanimous ballot for the election of Councilman Reibo1d as Mayor
Pro Tempore. Councilman Turner seconded the motion which was carried on
roll call vote as follows: '
AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips
NOES: None
ABSENT: None
PRESENT:
ABSENT:
Councilmen Balser, Butterworth,Reibold, Turner, Phillips
None
MOTION by Councilman Turner, seconded by Councilman Balser and carried
unanimously that the minutes of the Regular Meeting of April 2, 1963
and the Adjourned Regular Meeting of April 6, 1963 be approved as
submitted in writing,
Councilman Turner commented to Councilman Butterworth that at least six
of the appointees of the Sister City Committee had attended the recent
Western Regional Conference,
1.
4-16-63
HEARING
(Weed
Abatement
No.2)
HEARING
(Zone R-3 Code
Amendment)
15:5958
Mayor Phillips declared the hearing open on the additional weed abate-
ment program for 1963 and stated that this is the time and place to
hear and consider 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. 3573.
The City Attorney explained that this is the second program in 1963 and
covers those properties that were missed in the first program. He
pointed out that this does not necessarily mean the City is going to
do the work of weed abatement; that it merely authorizes the City to
do so if the property owner does not elect to do the weed abatement
himself; that if the City does the work the costs are accounted for
and reported to the Council, after which a public hearing is held on I
said costs, which are either equalized or affirmed as submitted and
then placed on the tax role for collection with other City taxes.
No one desiring to be heard Councilman Butterworth MOVED that the hear-
ing be closed. Councilman Reibo1d seconded the motion which was carried
unanimously,
Councilman Balser ~ that the Superintendent of Streets be authorized
to proceed with the work pursuant to the Weed Abatement Act and in
accordance with Resolution of Intention No. 3573. Councilman Turner
seconded the motion which was carried unanimously, ,
Planning Commission Resolution No. 474 recommending amendment of the
Municipal Code pertaining to R-3 regulations.
The Planning Director summarized the characteristics of apartment house
development in the City and the facts offered as the basis for justify-
ing new regulations; reviewed the land areas zoned and used for apartment
buildings; the evaluation of the physical characteristics of the exist-
ing apartment areas and of eleven selected apartment buildings. illus-
trations of the different type apartment buildings were displayed. He
added that the Planning Commission had unanimously recommended the
amending of the Municipal Code as suggested by the Planning Department,
(Report on file in office of the City Clerk).
Mayor Phillips declared the hearing open on the above described matter
and inquired if anyone in the audience desired to address the Council
in opposition to the recommended amendment.
The following persons expressed in part as follows opposition to the
recommended regulations and requested that the Council review and
reconsider aa~.c.;.__._ t.:.', ........~..' _ ____u...
Edwin O. Egnew, 25911 Wild Horse Lane, Rolling Hills Estates: That his
plans were completed for construction at 437 West Duarte Road in ac-
cordance with information received from the Planning Department; that
such plans were refused by the Building Department due to the moratoriuml
and that this is an economic hardship.
Mrs, Evelyn H, DeYoung, 854 West Huntington Drive: Requested consider-
ation for owners of 70 foot frontage lots and under, and for those who
would be unable economically to comply with the proposed regulations,
Mr. S. G. Evans, residing at 5305
property at 1146 Arcadia Avenue:
be detrimental to income property
San Gabriel Boulevard and owner of
That the proposed regulations would
owners and to business,
Gerald Ho1zberg, 13104 Purche, Gardena: That he is in the process of
purchasing two parcels of land on Huntington Drive and the proposed
regulations would reduce the usability of the land at least 25%.
2.
4-16- 63
I
I
RECESS
HEARING
(Grobmeier)
15: 5959
Wm. Goldberg, 704 Hampton Road, an attorney representing Harvey D. Mendel,
1035 Hampton Road, proposing to build on property at 832 Fairview Avenue:
That in February when the Planning Department was contacted his client
should have been advised that changes were contemplated;. that plans are
complete and had they been submitted two days earlier would have been
accepted; that an exception should be made in this instance as otherwise
considerable loss of time and money would be involved.
Russell M, Perkins, 435 E. Live Oak Avenue: That he had submitted to the
Council a communication outlining his objections and wished to reiterate
his opinion that several of the proposed regulations are beyond the.
jurisdiction of the Council,
Fred H. Squires, residing at 15 Eldorado and owner of 18 Eldorado:
Suggested that owners of approximately 50 foot frontage lots receive
zone variances for their property as the proposed regulations would
not be economically feasible for such lots.
George Marks, 216 S, First Avenue: Suggested several modifications of
requirements, such as 800 square feet for the .one bedroom apartments rather
than the recommended 1000square feet, 200 square feet open space area
for each dwelling instead of the 400 square feet recommended, driveways
18 feet wide plus two feet rather than the recommended 20 feet plus 5 feet.
Charles McNab, residing in Pasadena and contemplating moving to Arcadia:
Reiterated suggestions and arguments contained in an extensive report
previously submitted to the Council, which in substance were that from
an economic viewpoint the proposed regulations would be unfeasible.
That he is a property appraiser with much experience in the value of
this type of property.
Donald W. Betsinger, 12 Yorkshire Drive: That there should be more than
one zone for multiple dwellings; that the proposed regulations are dis-
criminatory against small property owners,
Comments wece made by the Council and staff to the effect that modi-
fications are made for hardship cases; that it is anticipated that
the .smaller lots could be consolidated; that the elevator provision
would be modified; that there are provisions for the issuance of build-
ing permits for plans already filed with the Building Department or for
plans before the Modification Committee upon which action has been taken.
It being the consensus of the Council that further study of the entire
matter is indicated, and no one else desiring to be heard either in
opposition to.or in favor of the proposed regulations, and upon the
suggestion of the City Attorney that the hearing be continued rather
than closed, Councilman Butterworth MOVED that the hearing be continued
to April 25, 1963 at 8:00 P,M. for further deliberations by the Council.
Councilman Turner seconded the motion which was carried unanimously,
Mayor Phiilips. commented that prior to the Regular Council Meeting of
.May 7, 1963 the Council would undoubtedly reach a determination in the
matter after conferring with the staff so that an ordinance could be
prepared on modified lines in order for the moratorium to be lifted at
the earliest possible date,
At 10:05 P.M. Mayor Phillips declared a recess.
At 10:10 P,M. the meeting reconvened.
Mayor Phillips declared the hearing open on Planning Commission
Resolution No. 470 recommending denial of an application by Ethlyn
Grobmeier for change of zone from R-2 to C-2 and D on property located
on the northeast corner. of Duarte Road and Fifth Avenue, and inquired
if anyone desired to speak to the matter.
3.
4-16-63
15:5960
Mr. Henry W. Shatford, 410 Drake Road, an attorney representing the
applicant, addressed the Council, stating in part that in his opinion
the application was denied by the Planning Commission primarily o~ the
basis that the entire area was subject to review for a plan as to its
future development.
He added that in substance the subject property is located adjacent to
the easterly City boundary and to the east there is commercial develop-
ment; that the rezoning request is for the purpose of constructing a
Richfield oil service station and the subject property would lend it-
self particularly well for such use; that this would not be spot zoning
in his opinion inasmuch as it would be a contiguous part of an exist-
ing business area. That the subject property is owned by elderly peOP11
who have resided in the area for a long time and that their future
depends on what can be done with the property; that private interests
must be paramount. He urged the Council to disregard the findings of t
Planning Commission as in his opinion they are not justified in this ca
George Peckham, 450 Genoa Street, addressed the Council, in opposition
to the requested zone change, stating in part that his property is
immediately north of the subject property; that many of the residents
in the area feel the Planning Commission's recommendation well taken;
that the noise, lights and odors of a service station would be detri-
mental to the health and welfare of adjacent property owners. He
mentioned that Arcadia presently has 45 service stations within the
City limits, 10 of which are located on Duarte Road and that in his
opinion the City does not need additional service,stations for the
convenience of its citizens. He also mentioned that the business area
referred to by Mr. Shatford is in another city.
Mr. Shatford then received permission to speak in rebuttal. He stated
in part that Mr. Peckham had purchased his property since the appli-
cation was filed; that he had heard no opposition voiced by anyone else
in the area; that the rear property line of the proposed service station
would be 212 feet from Mr. peckham's rear property line and that Mr.
Peckham was speaking on his own behalf.
No One else desiring to be heard Councilman Balser MOVED that the hearing
be closed. Councilman Turner seconded the motion which was carried
unanimously.
General discussion ensued.
The Planning Director advised that the Planning Commission had by unani-
mous action recommended the denial of the requested zone change and had
instructed the staff to prepare a study of the area bounded by Diamond
Street, Santa Anita, Fifth Avenues and Duarte Road; that from this study
the Planning Commission desires a plan prepared which would COmpliment
that of the Central Area which extends to Diamond Street; that in thia
manner the entire area between the proposed Foothill Freeway and DUarte
Road will have a plan depictinc itsfutur~ phYllica1 development which I
can be used as a basis for judgtlllg;. future applications as well as for, '
a possible comprehenaive rezoning of the area.
Councilman Reibo1d commented that he was inclined to feel that a servic -
station would not be completely incompatible to the area.
Councilman Balser pointed out that properties on the south side of Duarte
Road, from Fifth Avenue to a point west of Third Avenue, are in Zone R-l
and used exclusively for that purpose; that the subject properties are
located in a block every lot of which is zoned R-2 and used exclusively
for residential purposes; that there is no commercial zoning or commercial
use of land on the north and south sides of Duarte Road from the City
boundary at Fifth Avenue to a point west of Third Avenue; that every lot
between Third Avenue and Fifth Avenue, from Duarte Road to California
Street, is zoned R~2 the same as the subject property and every lot
4.
4-16-63
I
WATER BOARD
REDEVELOPMENT
AGENCY
I
OCCUPANCY
CERTIFICATES
(Kyparcissa -
.cas a Grande)
ANNEXATION
REQUEST
15:5961
between Third Avenue and Fifth Avenue south of Duarte Road all the way
to Camino Real is zoned R~l, That if the application were granted it
would constitute spot zoning which is not justified by good zoning
practice or public necessity.
Councilman Balser then MOVED that the Council approve the recommendation
of the Planning Commission and deny the requested reclassification of
the subject property. Councilman Butterworth secopded the motion, which
was carried on ro1i call vote as follows:
AYES: Councilmen Balser, Butterworth, Phillips
NOES: Councilmen Reibo1d, Turner
ABSENT: None
Discussion was held on the communication from the Water Board dated
April 10, 1963, pertaining to the future functions of the Board as an
advisory to the Council on water problems. That it was the feeling of
the Board members that since the election on annexation to the
Metropolitan Water District was successful ~nd most other problems
pertinent to said election have been studied, that the Water Board has
completed the duties for which it was originally formed.
Suggestions were made that the Board continue as a functioning Board
for emergency measures which may arise and meet annually or semi-
annually with special meetings called at any time between regular
meetings,
It was determined that the matter be taken under submission and
determination made prior to July 1, 1963.
The City Manager read in its entirety a report dated April 10, 1963
pertaining to the possible creation of a Redevelopment Agency accord-
ing to the provisions contained in the Community Redevelopment law of
the State of California. The report included the City Manager's comment
that after the review and approval of the plan submitted by the Planning
Consultants one of the prime concerns of the Council will be the
implementation of the plan and that redevelopment of the area move
ahead on a continuous basis. That it would seem logical that control
of such an agency should be in the hands of the elected officials, at
least until final decisions are made. (Report on file in office of the
City Clerk).
Councilman Butterworth MOVED that the Council accept the recommendation
of the City Manager and instruct the City Attorney to prepare an
ordinance creating a Redevelopment Agency pursuant to State law and
also to prepare a resolution declaring the City Council to be the Agency,
Councilman Balser seconded the motion which was carried unanimously.
MOTION by Councilman Reibo1d, seconded by Councilman Turner and carried
unanimously that the Council authorize the issuance of occupancy
certificates to Kyparcissa Beauty Salon at 61 Alta Street and to the
Casa Grande Company at 63 A1ta Street,
MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried
on roll call vote as follows that the request of Andrew M. Campbell and
Mildred M, Campbell of 5628 N, Double Drive, and Albert C, Elliott of
5622 N. Double Drive, to have their properties annexed to the City of
Arcadia under the Annexation of Uninhabited -Territory Act of 1939 be
denied:
AYES: Councilmen Balser, Butterworth, Reibo1d
NOES: Councilmen Turner, Phillips
ABSENT: None
5,
4-16-63
WILDERNESS
PARK
(Donations
and Pledges)
(F: 127)
HELIPORT
(F:905)
TRACT
NO. 21997
(Final)
(F:921)
PERSONNEL
BOARD
(Reclassifi-
cation -
General Clerk)
(IR)
RESOLUTION
NO. 3584
15:5962
Mayor Phillips ordered filed the City Manager's report dated April 10,
1963 that since 1956 the following donations have been made for the
development of the Wilderness Park, in addition to a pledge from the
Arcadia Leona Club of $200 to be used 'for equipment in the shelter to
be constructed in Wilderness Park and a pledge from the Women's Club
of Arcadia and the Arcadia Junior Women's Club of $500 each to be used
for the construction of the fire circle at the park:
9-20-56
11-5-57
3-22-58
4-6-59
5-8-59
6-11-59
$1000.00
1000.00
100.00
50.00
300,00
I
Assistance League of Arcadia
Women's Club of Arcadia
Arcadia Junior Women's Club
Arcadia Junior Women's Club
Arcadia Leona Club
Women's Div, Arcadia Chamber
of COllllllerce
Arcadia Junior Women's Club
171.14
50.00
3-5-60
Numerous groups have contributed many hours of labor
in the Park.
The City Manager advised that on June 19, 1962 the Council authorized
construction of a heliport; that funds were not appropriated at that
time and charges were made to an Abatement Receivable account, the total
costs amounting to $771.84, and recommended that this account be closed
and funds appropriated for the project.
Uhereupon Councilman Butterworth MOVED that the Council accept the
recollllllendation of the City Manager and that the sum of $772.00 be
appropriated and transferred from Reserve for Capital Projects Account
No, 285 in the General Fund to Capital Improvement Projects Account
No. 621 - Heliport Construction. Councilman Reibold seconded the
motion which was carried on roll call vote as follows:
AYES: Councilmen Butterworth, Reibold, Turner, Phillips
NOES: Councilman Balser
ABSENT: None
MOTION by Councilman Balser, seconded by Councilman Butterworth and
carried unanimously that the recommendation of the City Manager, the
Director of Public Works and the Water Superintendent be approved and
that the City accept the improvements in Tract No. 21997 for maintenance
and the surety bond deposited by the subdivider be released.
MOTION by Councilman Reibo1d, seconded by Councilman Butterworth and
carried unanimously that the Council approve the recommendation of the
Personnel Board and authorize the reclassification of the two General
Clerk positions in the Department of Public Works to Stenographer-Clerk
and further authorize that the one incumbent employee be appointed to
the reclassified position without examination.
I
Uhereupon the City Attorney presented, explained the content and read
the title of Resolution No, 3584, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF
RESOLUTION NO. 3498 BY RECLASSIFYING TO STENOGRAPHER CLERK THE TWO
POSITIONS OF GENERAL CLERK WITHIN THE DEPARTMENT OF PUBLIC WORKS."
MOTION by Councilman Reibo1d, seconded by Councilman Balser and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3584 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips
NOES: None
ABSENT: None
6.
4-16-63
I
PERSONNEL
BOARD
(Planning)
RESOLUTION
NO. 3585
I
WAB&PA
(Sidewalk Sale)
(A:PR)
15:5963
Councilman Reibo1d
Motion seconded by
as follows:
further MOVED that Resolution No. 3584 be adopted.
Councilman Turner and carried on roll call vote
AYES: Councilmen
NOES: None
ABSENT: None
Balser, Butterworth, Reibo1d, Turner, Phillips
,
MOTION by Councilman Turner, seconded by Councilman Balser and carried
unanimously that the Council approve the recommendation of the
Personnel Board and authorize the creation of the following positions
in the Planning Department, with the salary changes as follows:
TITLE
SALARY RANGE
SCHEDULE NO ~.
1 Senior Planner
1 Associate Planner
1 Assistant Planner
669-813
607-737
578-702
438
434
432
and eliminate the existing positions of Planning Draftsman and
Planning Technician.
The City Attorney thereupon presented, explained the content and read
the title of Resolution No. 3585, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF
RESOLUTION NO. 3498 BY CREATING WITHIN THE PLANNING DEPARTMENT NEW
POSITIONS OF SENIOR PLANNER, ASSOCIATE PLANNER AND ASSISTANT PLANNER,
ESTABLISHING THE DUTIES THEREOF AND THE QUALIFICATIONS THEREFOR,
ASSIGNING SALARY SCHEDULE NUMBERS THERETO, AND ABOLISHING THE POSITIONS
OF PLANNING DRAFTSMAN AND PLANNING TECHNICIAN WITHIN SAID PLANNING
DEPARTMENT ."
MOTION by Councilman Turner, seconded by Councilman Balser and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3585 be waived:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
Councilman Turner further MOVED that Resolution No. 3585 be adopted.
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips
NOES: None
ABSENT: None
MOTION by Councilman Reibo1d, seconded by Councilman Balser and carried
unanimously that the Council approve the request of the West Arcadia
Business and Professional Association to schedule a Sidewalk Sale to be
held April 20, 1963 between the hours of 10:00 A.M. and 5:00 P.M. at
the West Arcadia Hub Shopping Center on the east and west sides of
Baldwin Avenue between Duarte Road and Naomi Street and in Market Square
on the north side of Duarte Road just east of Baldwin Avenue; that all
parking be prohibited on Baldwin Avenue from Duarte Road south to Naomi
Avenue on both east and west of Baldwin Avenue and that the necessary
permits be issued to the West Arcadia Business and Professional Associ-
ation for this purpose.
7,
4-16-63
CAHILL
PRODUCTIONS
(Educational
Film)
(A:FD)
BID AWARD
(Improvement -
Arcadia &
Fairview Aves.)
(F:974)
DUARTE ROAD
PROPERTY
(F:820)
15:5964
MOTION by Councilman Turner, seconded by Councilman Butterworth and
carried unanimously that the Council authorize Charles Cahill and
Associates, Inc. 5746 Sunset Blvd., Hollywood to film an educational
film for second grade level children on the life of a fireman,
including a message on fire safety and fire prevention, without pay-
ment of a license fee, it being an honor for the Arcadia Fire
Department to be considered for the location of such an endeavor and
also that the Fire Department to receive a copy of the film on
completion.
The City Manager advised that the only bid received on April 15, 1963
for the improvement of portions of Arcadia and Fairview Avenues
(Job No. 280) was from D & W Paving Contractor of West Covina in the
amount of $8,856.75 and that the engineering estimate for this project
was $12,013.10. That other contractors indicated their reasons for
not bidding were amount of work they now have under contract and that
the subject job was rather small and numerous other jobs were being
bid at approximately the same time.
I
MOTION by Councilman Turner, seconded by Councilman Balser 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 the improvement of portions of Arcadia and Fairview Avenues (Job
No. 280) be awarded to D & W Paving Contractor of West Covina in the
amount of $8,856.75; 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; and that the transfer and appropriation
of the sum of $10,500 from Reserve for Capital Projects Account No. 285
in the General Fund to Capital Improvement Projects Account No. 224,
Arcadia Avenue-Fairview Avenue Improvement be authorized:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
The City Manager reported in substance as follows on his further negoti-
ations with the American Lutheran Church and the Masonic Lodge in an
attempt to resolve the problems involved in locating the two facilities
west of the Library;
He stated that the Church is rather adamant about being located adjacent
to the parking lot west of the Library, feeling that they could reduce
the width requirements of their proposed construction approximately 16
feet providing the City would agree to permit access to their parking
facilities through the City owned parking lot and that the Church's
architect feels that the structure would not conflict architecturally
with the Library. I
The City Manager commented that the proposal to reduce its width require
ments on the basis of being permitted continued use of the parking lot
for ingress and egress would probably not create any problems at the
present time but might in the future; that if it is the decision of the
Council to authorize the location of the Church next to the parking lot
it should be on the basis of the full 230 feet.
That the Masonic Lodge has submitted a firm offer for the 150 feet
immediately adjacent to the parking lot, such offer providing for an
exchange of land owned on Santa Anita Avenue on a square foot for square
foot basis, the remaining land to be acquired for $1,75 per square foot
with a cash payment of $10,000 at the time of execution of the agreement,
the balance on a lease purchase agreement at 4% interest, the Masonic
Lodge to have the right to occupy the Santa Anita property for a period
of 16 months after the execution of the agreement, Also that they
8.
4-16-63
'l'r
15:5965
have agreed to work with the City through their architect to design
their proposed structure to harmonize with the Library building and
would agree to provide an easement across the rear of the property
for access to the rear of adjacent properties.
I
Councilman Turner stated that he felt the proper sequence of location
of the facilities should remain as he had originally recommended at
the Council meeting of April 2, 1963, to wit: the Masonic Lodge should
be adjacent to the library parking lot and if the Church desires to
move from its present location, that they be given the option on the
property next to the 150 foot strip that would be allocated for the
Masonic Lodge.
Councilman Turner then MOVED that the City Manager be authorized to
complete the negotiations with the Masonic Lodge as outlined, for the
150 foot frontage on Duarte Road adjacent to the parking lot west of the
Library, and that he also be authorized to continue negotiations on a
trade on a front footage basis with the Church for the next 230 feet
of Duarte Road frontage. Councilman Butterworth seconded the motion.
Mr. John Galbraith, architect for the proposed new American Lutheran
Church, addressed the Council, stating in part that he was speaking
only as a citizen on a question of equity which, in his opinion, was
being damaged; that the property adjacent to the Library was desired by
the Church for good, valid reasons and that equity in this matter
demands that they be given first consideration. That in his opinion as
an architect the Church would be a more appropriate structure next to
the Library than the Masonic Lodge; also that he does not see an equal
value in the property of the Masonic Lodge on the east side of Santa Anita
Avenue with that of the City property on the south side of Duarte Road.
General discussion ensued, and the following comments were made in part
by the Councilmen:
Councilman Butterworth stated that he was a member of the Masonic Lodge
and asked if that fact would disqualify him from voting. Councilman
Turner stated that he was not a member of the Lodge. The City Attorney
advised that the present motion is merely an administrative directive
and is in no way final action and that Councilman Butterworth could
vote thereon under the circumstances.
Councilman Butterworth then stated that in his opinion the City's
action in acquiring the property west of the Library was necessary in
the interests of the City; that the Church's cooperation with the City
was appreciated but that he did not agree that the Church should have
first consideration of the subject property immediately adjacent to the
Library parking lot on the basis that this was the property they had
originally desired.
I
Councilman Reibo1d compared the subject situation with a recent event
wherein the County Flood Control District returned excess land they had
acquired to the original property owners, in that the Church had originally
negotiated for the purchase of the property adjacent to the Library in
good faith and with good intentions and had cooperated with the City's
move to acquire the land. Also that in his opinion the Church adjacent
to the Library would be a better architectural arrangement than the
Masonic Lodge. He added that he felt too much stress had been placed
on the availability of the parking facilities in that there is no
assurance that such facilities will be available in the future. He
reiterated that he would favor the Church having first choice to acquire
the property adjacent to the Library parking facilities,
Councilman Balser stated in part that he felt, from an architectural
standpoint it would be more desirable to have the Masonic Lodge adjacent
to the Library. He suggested that the setback be worked out whereby
the Church could move forward ahead of the Masonic Lodge so that it
could be seen from Santa Anita Avenue. He added that he did not feel
the Church had been slighted.
9,
4-16-63
COMMUNICATION
(Citrus Guild)
(A:PR)
COUNTY BOUNDARY
COMMISSION
RESOLUTION
NO. 3577
15:5966
Mayor Phillips commented, with regard to Councilman Reibold's comparison
of the present situation with that of the Flood Control property, that
such property was returned to the land from which it was severed ~s
contrasted to a wholly owned parcel.
The City Attorney commented that the-parking lot adjacent to the Library
was acquired and improved for public use primarily by patrons of the
Library and that it should be understood that any use that might be
made by the patrons of any of the adjacent facilities is only by
virtue of the fact that they are members of the public present. That
the City has not intended to and could not properly, at least without
valuable consideration, grant the use of the lot to the owners or users I
as such of adjacent private facilities and that the right to use the
public parking lot could be restricted to users of public facilities
whenever the Council deemed it advisable to do so.
The following roll call was then taken on Councilman Turner's motion
that the administration be authorized to proceed with negotiations
that the Masonic Lodge have the first 150 feet next to the parking
lot on the west side of the ,Library and the American Lutheran Church the
next 230 feet, which motion was previously seconded by Councilman
Butterworth:
AYES: Councilmen Balser, Butterworth, Turner, Phillips
NOES: Councilman Reibo1d
ABSENT: None
The City Clerk advised that a communication dated March 22, 1963 had
been received from the Citrus Guild of Musical Arts which in substance
requested that its representative, Mr. Donald C. Kemby, be permitted
to address the Council and review its accomplishments and what it
hopes to accomplish in the future with the City's help,
Inasmuch as Mr, Kemby was not present, and it being presumed that he
would have requested a donation, Mayor Phillips instructed the City Clerk
to communicate with the Guild and instruct it to contact the Council
prior to the City's determination on its 1963-64 budget.
Mayor Phillips ordered filed the following notices of proposed
annexations inasmuch as they have no effect on Arcadia:
No, 322
Nos. 35 and 38
No, 75
City of El Monte
City of South El Monte
City of Industry
The City Attorney presented, explained the content and read the title of
Resolution No. 3577, entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF TIlE I
CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR TIlE IMPROVE-
MENT OF SANTA ANITA AVENUE, A PUBLIC STREET IN SAID CITY OF ARCADIA."
MOTION by Councilman Balser, seconded by Councilman Butterworth and
carried on roll call vote as follows that the reading of the full body
of Resolution No, 3577 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips
NOES: None
ABSENT: None
Councilman Balser further MOVED that Resolution No. 3577 be adopted,
Motion seconded by Councilman Turner and carried on roll call vote as
follows:
10.
4-16-63
RESOLUTION
NO. 3578
I
RESOLUTION
NO. 3579
I
ORDINANCE
No. 1197
(Adopted)
15:5967
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
The City Attorney presented, explained the content and read the title of
Resolution No. 3578, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE
IMPROVEMENT OF CAMPUS DRIVE, HOLLY AVENUE AND HUNTINGTON DRIVE, PUBLIC
STREETS IN SAID CITY OF ARCADIA."
MOTION by Councilman Reibo1d, seconded by Councilman Turner and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3578 be waived:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
Councilman Reibo1d further MOVED that Resolution No, 3578 be adopted.
Motion seconded by Councilman Turner and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
The Citb Attorney presented, explained the content and read the title of
Resolution No, 3579, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE IMPROVEMENT
OF LIVE OAK AVENUE AND OF SANTA ANITA AVENUE, PUBLIC STREETS IN SAID CITY
OF ARCADIA."
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, 3579 be waived:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
Councilman Balser further MOVED that Resolution No. 3579 be adopted.
Motion seconded by Councilman Reibo1d and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1197, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTIONS 2531.2,
9113.1.2, 9113,2,2, 9122.1, 9122.2, 9122.5.1, 9291.2.2, 9291,2,8 AND
9293.2.1 OF THE ARCADIA MUNICIPAL CODE.
MOTION by Councilman Balser, seconded by Councilman Turner and carried
on roll call vote as follows that the reading of the full body of Ordinance
No. 1197 be waived:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
11.
4-16-63
15:5968
Councilman Balser further MOVED that Ordinance No. 1197 be adopted.
Motion seconded by Councilman Reibo1d and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips,
NOES: None
ABSENT: None
AUDIENCE PARTICIPATION
STOGSDILL
(nsp)
Mr. Ralph Stogsdill, 547 Workman Avenue, addressed the Council request-
ing action on the widening of Baldwin Avenue from Garibaldi to Live
Oak Avenues while the storm drain is being installed. He was advised
that as soon as the City receives the necessary dedications' of rights
of way the street would be widened; that effort is being made to secure
such dedications,
I
MATTERS FROM THE CITY OFFICIALS
TURNER
(F:905)
Councilman Turner requested a report on the amount of usage that has
been made of the heliport to date.
BUTTERWORTH
(nsp)
Councilman Butterworth brought to the attention of the Council certain
printed statements disseminated anonymously" bearing only the heading
"THE CITIZENS COMMITTEE FOR CLEAN BOOKS" with a post office box address,
containing representations about the recent book problem and election
literature directed against one of the candidates in the School Board
election. (Election polls closed at time of this statement),
Councilman Butterworth stated in part that in his opinion the committee
was attempting to either leverage the election by tying in the book
situation or leverage the book situation by tying in the election,
which is a violation of the State Statutes of California in that it
is an attempt to influence an election solecistica11y, illegally and
unlawfully by not identifying themselves with the literature.
Councilman Butterworth then read Section 12047 of the Elections Code
of the State of California:
"Unidentified circulars, pamphlets or posters -
Every person is guilty of a misdemeanor who writes or causes to be
written, printed, posted, or distributed any circular, pamphlet, letter,
or poster which is designed to injure or defeat any candidate for
nomination or election to any public office by reflecting upon his
personal character or political action, unless there appears upon the
circular, pamphlet, letter or poster, in a conspicuous place, the name
and address of the printer and either (a) the name and address of the I
chairman and secretary or the names and addresses of at least two officer
of the political or other organization issueing it; or (b) the name
and residence address, with the street and number, if any, of some voter
of this state, who is responsible for it."
Councilman Butterworth continued, stating in part, that evidence should
be made of the fact that the literature sought to influence an election
in patent violation of the State Statutes of California. That he has
been advised by a citizen of the community that this matter will be
placed before the Attorney General of California for his investigation.
He added in part, that there may be some citizens who are cooperating
with this committee who are not aware of the fact that the committee is
prepared to violate the State Laws of California which, as far as he
could determine, is engaging in an illicit activity, and that while a
12.
4-16- 63
COMMITTEE
APPOINTNENTS
I
RESOLUTION
NO. 3580
.1
RESOLUTION
NO. 3581
15:5969
violation of this statute may be only a misdemeanor, a conspiracy to
commit a misdemeanor is a felony. That the people who are interested
in clean books should realize that this committee may have other motives
than just clean books and that he thought the matter should be brought
to the attention of the Attorney General of California. He emphasized
the fact that he was completely satisfied that the other six candidates
to the School Board had absolutely nothing to do with this matter.
Mayor Phillips announced the following appointments:
To the Board of Directors of Los Angeles County Sanitation District
No. 15: Mayor Phillips as Member of the Board of Directors and
Councilman Balser as Alternate Director.
To the Board of Directors of Los Angeles County Sanitation District
No. 22: Mayor Phillips as Member of the Board of Directors and Council-
man Balser as Alternate Director.
To the Board of Directors of the Los Angeles County Division of the
League of California Cities: Mayor Phillips as Director and Council-
man Reibold as Alternate Director.
To Independent Cities of Los Angeles County: Mayor Phillips as Director
and Councilman Turner as Alternate Director.
To Sister Cities Committee: Councilman Butterworth.
At the suggestion of Mayor Phillips, Councilman Reibo1d MOVED that
Donald S. Camphouse be appointed to serve on the Watershed Commission
for the next two years, commencing May 1, 1963 to April 30, 1965.
Councilman Turner seconded the motion which was carried unanimously,
The City Attorney presented, explained the content and read the title
of Resolution No. 3580, entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, APPOINTING A I1EMBER TO THE BOARD OF
DIRECTORS OF COUNTY SANITATION DISTRICT NO. 15 OF LOS ANGELES COUNTY,
AND DESIGNATING AN ALTERNATE NEMBER THERETO."
MOTION by Councilman Turner, seconded by Councilman Reibo1d and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3580 be waived:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
Councilman Turner further MOVED that Resolution No. 3580 be adopted.
Motion seconded by Councilman Reibo1d and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibo1d, Turner, Phillips
NOES: None
ABSENT: None
The City Attorney presented, explained the content and read the title of
Resolution No, 3581, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, APPOINTING A I1EMBER TO THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES COUNTY, AND DESIGNAT-
ING AN ALTERNATE I1EMBER THERETO."
MOTION by Councilman Reibold, seconded by Councilman Balser and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3581 be waived:
13.
4-16-63
RESOLUTION
NO. 3582
RESOLUTION
NO. 3583
ADJOlllUiMBNT
/
15:5970
AYES: Councilmen Balser, Butterworth, Reibold, Turner. Phillips
NOBS: NoDe
ABSENT: None
Councilman Reibo1d further MOVED that Resolution No. 3581 be sdopted.
Motion seconded by Councilman Turner and carried on roll call vote as
follows:
Balser, Butterworth, Reibold, Turner, Phillips
I
AYES: Councilmen
NOBS : None
ABSBNT: None
The City Attorney presented, explained the :content an~ - r~ad the title I
of Resolution No. 3582, entitled: "A RESOLUTION OF, THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, APPOINTING A DIRECTOR ANP ALTERNATE
DIRECTOR, TO THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES AND RESCINDING RESOLUTION NO. 3488."
MOTION by Councilman Balser, seconded by Councilman Turner and carried
on roll call vote aa follows that the reading of the full body of
Resolution No. 3582 be waived:. "; , ,
.,
AYES: Councilmen Balser, Butterworth, leibold, Turner, ~il1ipa
NOES; None
ABSE~: None
Councilman Balser further ~ that Reaolution No. 3582 be adopted.
Motion seconded by Councilman Turner and carried on roll call vote as
follows:
AYES: . .Councilmen Balser, Butter;.'orth, Re1bo1d, Turner,' ~illips
NOES: None
ABSENT: None
The City Attorney presented, eXplained the content and read the title
of Resolution No. 3583, entitled: "A RESOLUTION OF :rHE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, APPOINTING A DIRECTOR AND ALTERNATE
DIRECTOR TO THE INDEPENDENT CITIBS OJ!' LOS ANGELES COUNTY BY' AMENDING
RESOLUTION NO. 3361."
MOTION by Councilman Reibo1d, seconded by Councilman Turner and carried
on roll call vote as follows that the reading.of the full body of
Resolution No. 3583 be waived: .'. , :
,
.'<
AYES: Councilmen Balser, Butterworth, Reibold., Turner, Phillips
NOBS : None
ABSBNT: None
Councilman Reibold further MOVED that Resolution No. 3583 be adopted.
~tion.seconded by Councilman Turner and carried on roll call vote as
folloWs:
I.
AYES: Councilmen Balser, Butte~rth, Reibo1d, Turner; Phillips
NOBS: None
ABSBNT: None
At 11:50 P.M. Councilman Reibold ~ that the meeting adjourn to
April 25, 1963 at 8:00 P.M.
: ,- ~);tZ?7~
a~rJfJ l2t)j~ l-1' City Clerk
Mayor Phillips ~
4
"
14.
"
4-16-63
.'