Loading...
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 .'