HomeMy WebLinkAboutJULY 16,1963
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PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
(July 2, 1963)
REARING
(Arcadia
Bowl)
(F:354)
I
..
15:6043
,
,
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JULY 16,1963
The City Council of the City of Arcadia met in regular session in the
Council Chamber of the City Hall at 8:00 P.M., July 16,1963.
The Invocation was offered by Rev, Walton W, Do~ring, Pastor of Our
Savior Lutheran Church of Arcadia,
Mayor Pro Tempore Reibold led in the pledge of allegiance to the flag.
PRESENT :
ABSENT:
Councilmen Balser, Butterworth, Reibold
Mayor Phillips, Councilman Turner
Mayor Pro Tempore Reibold announced that approval of the minutes of the
regular Council meeting of July 2, 1963 would be held in abeyance pending
the presence of all the Councilmen participating in said meeting,
Mayor Pro Tempore Reibold declared the hearing open on the application of
Melvin H, Sprague and Robert A. Schneider for a business permit to conduct
a recreation center with 16 bowling lanes and 8 billiard tables, known as
Arcadia Bowl, at 21 Morlan Place, and stated that the Council would first
hear anyone in opposition to the granting of the requested permit,
Mr. Dominic F. Strangio, 521 Baldwin Avenue, addressed the Council and
stated in part that he was opposed to the subjec~ application for a
business permit inasmuch as he presently has a license to operate the
billiard portion of Arcadia Bowl and also has a lease from the former
owner to occupy the premises.
It was stated that although his license to operate the billiard portion
of the premises is valid, his rights under the +ease are a civil matter
between the owner of the premises and himself and have no bearing on the
application before the Council.'
No one else desiring to be heard in opposition, Mayor Pro Tempore Reibold
stated that the Council would now hear those in,favor of the granting of
the business permit.
Mr. Robert A. Schneider, 2732 Sandwood Street, Lakewood, California,
(one of the applicants) addressed the Council. He read two letters
in their entirety, one dated July 15,1963 addressed to the Council from
Mr. Ira N. Frisbee, Vice President of the Beverly-Pasadena Bowling
Corporation, which stated in part that said corporation had reacquired
the subject property by foreclosure and had entered into escrow for the
sale of the property to Joseph W. and Maude A. Wilson, said escrow being
contingent upon the granting of the requested business permit to the
subject applicants, The other letter, dated July 12,1963, was a copy of
a letter written by Mr, Arthur L. Erb, Attorney'for the Beverly-Pasadena
Bowling Corporation to Mr. Strangio, notifying Mr. Strangio to vacate the
premises on August 3,1963 inasmuch as said property was being sold to
Mr, Joseph W, Wilson.
In answer to questions propounded by the City Attorney and Mayor Pro
Tempore Reibold, Mr. Schneider advised in part th~t he proposed person-
ally to operate the billiard room and that he is familiar with the
1,
7-16-63
(~)
/
LtBRARY BOARD
REPORT
(Restricted
Book Procedure)
<A:LB)
15 :6044
restrictions prohibiting the sale and consumption of alcoholic
beverages except in the cocktail lounge.
Mr. Joseph W, Wilson, 15007 Oxnard Street, Van Nuys, California,
addressed the Council, advising in substance that he is the prospective
purchaser of the subject property contingent upon the granting of the
requested business permit to operate the facilities.
The City Manager advised in part that as stated in his report to the
Council dated July 8, 1963, the original license was issued on the basis
of restrictive sale of alcoholic beverages; that the sale and consumption
of alcoholic beverages is restricted to the cocktail lounge and prOhibitSI
the sale or consumption of alcoholic beverages in other portions ,f the
building. That it is recommended that a permit for a business license ,
be approved as applied for by the subject applicants subject to the prior
restrictions on the sale and consumption of alcoholic beverages,
Mr. Strangio again addressed the Council, pointing out that the notifi-
cation to~te the premises by August 3, 1963 was dated July 12,1963,
giving him only 20 days to vacate, whereas the law requires 30 days.
Mayor Pro Tempore Reibold stated that while the Council is aware and
sympathetic to Mr. Strangio's position, as stated previously, it has
no bearing on the issue at hand,
There being no one else desiring to be heard Councilman Butterworth ~
MOVED that the hearing be closed, Councilman Balser seconded the motion
which was carried unanimously.
Councilman Butterworth further MOVED that the Council accept the
recommendation of the City Manag;r-Bnd that a permit for a business
license as applied for be issued to Melvin H, Sprague and Robert A,
Schneider, dba Arcadia Bowl, 21 Morlan Place, for 16 bowling lanes,
8 billiard tables, cocktail lounge and coffee shop, subject to the
prior restrictions on the sale and consumption of alcoholic beverages.
Councilman Balser seconded the motion which was carried on roll call
vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
...
Mayor Pro Tempore Reibold read the followi.ng statement pertaining to the
report from the Library Board of Trustee~ dated June 28, 1963 regarding
the establishment of procedure in connection with restricted books:
"In order that those in the audience may have a better understanding
of this next matter, I would like to briefly outline those things
which have occurred and which are significant to this item on the
Agenda,
"On November 26, 1962, the Arcadia Council of
to the City Council and requested that a book
Arcadia City Library. '
~o" I
. '
Protestant Churches
be removed from the
"On December 4,1962, the City Council referred the letter to the
Library Board of Trustees with the request that the Board thoughtfully
consider the matter and report back and advise the Council of their'
deliberation.
"On January 25, 1963, the Library Board of Trustees advised the City
Council that after meeting with the representatives of the Council of
Protestant Churches, their decision was to retain the book on the
library shelf.
"On February 5,1963, the Reverend H. Warren Anderson presented the
2.
7-16-63
.
15:6045
I
City Council with a petition signed by approximately 5000 persons.
petition requested that the book, "The Last Temptation of Christ,"
withdrawn from circulation and removed from the library. However,
Anderson in his presentation pointed out that some of the purposes
the petitio~ had been achieved and, that while those who presented
petition reaffirm their undiminished opposition to the book, they
nevertheless suggest that the immediate 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, stated in part that the position
taken by Rev. Anderson had his full sympathy and cooperation.
The
be
Rev.
of
the
"The City Council, as a result of having received the petition, the
statements made before the Council, and the receipt of other communi-
cations, undertook further investigation of the grievance,
"On March 19, 1963, as a result of the above ~eliberations, the Council
made a joint statement on Library Policy to wit:
,
"
'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 its absence from a collection.
The decision whether to read or not to read a book rests
with the individual. The Library Board 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 avail-
ability 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.
f
'3. The City Council recommends that the Library Board consider
the adoption of a procedure, when supported by sound reason-
ing 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,
I
'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.'
"The communicatipn from the Library Board of Trustees, which I am about
to have the City Clerk read, is in reply to the City Council recommen-
dation relative to the closed shelf as covered in point three of the
Council's Statement,
"As you may know, the present practice in the library is to have certain
books not available for circulation to patrons under 18 years of age
without written parental consent. However, these same books may be
read by anyone, regardless of age, so long as they are not taken from
the library, This is the issue."
The City Clerk read in its entirety the Library Board's communication
dated June 28, 1963, as follows:
"Honorable Mayor & Members of the City Council
City of Arcadia
Arcadia, California
3.
7-16-63
I.,
15: 6046
"Gentlemen:
"The Library Board, at'its regular June meeting, acted upon'the
recommendation made by the Council with regard to the establishment
of procedures 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,
"Initial action was taken in April by the appointment of a committee
to explore the Council's recommendation. Since the report of the
Committee did not bring the Board to a decision at the May meeting,
a new Committee was appointed to continue the study. At the June
meeting, a vote was taken on a motion by Board Member Livie which
reads as follows:
'I move that the Board authorize the establishment of a "special
reques't shelf" visually open to the public, but limited to
physical access by members of the staff only, for the storage
of all books now on the open shelves which by previous action
of the librarian or by similar future action of the librarian
or the Board of Trustees, are not available for circulation
to patrons under 18 years of age without written parental
consent. I
I
"The motion failed to pass by a 3 to 2 vote. Board Members Livie
and Young voted in favor, and Mesdames Mortenson and Opel and Mr.
Gregg voted 'No'.
"Another item which the Committee was asked to study was a procedure
for the handling of book complaints should any arise in the future:
this was unanimously adopted as policy, A copy is attached.
(s) J. L. Young, President
Library Board of Trustees"
"PROCEDURE FOR HANDLING BOOK COMPLAINTS - June 20,1963
"If a resident of Arcadia should register a complaint against any book,
the Librarian shall: 1) Secure the name and address of the person making
the complaint, and
"2) Send that person a copy of the procedure prescribed by the Library
for handling such a complaint.
"The complainant shall be required to:
"1. Submit in writing to the Board of Trustees a detailed summary and
explanation, setting forth the reasons for the complaint against the
particular book, and I
"2. Appear in person, at a designated time, before a committee composed
of (a) the Librarian, (b) a member of the Library staff, (c) the Preside
of the Board of Trustees and one other Board member, or two members
appointed by the President.
"Within 15 days, this committee shall then decide what, if anything,
shall be done with the book in question. If this committee is unable
to make such a determination, the matter will be referred to the
Board of Trustees for final decision.
"The committee or the Board of Trustees on reference shall decide
whether the complaint against the book is upheld. The person making the'
original complaint will be advised of this decision in writing, If
the complaint be denied, he will be informed in writing that he may
present his case orally to the Library Board at one of its regular
4.
7-16-63
15:6047
meetings, upon his written request to have the matter placed on the
agenda. Such request must be directed to the Library Board within
30 days after notification by certified mail of its decision,
"The decision of the committee and/or the Library Board shall be
final.
"The above procedure applies to all library materials (films, paintings,
etc ,)
"Adopted by Library Board of Trustees: 6/20/63"
I
Mayor Pro Tempore Reibold thereafter made the following statement as
an individual Councilman:
"More than a decade ago when the City Charter was adopted, the stage was
set for the drama of deep controversy which we are seeing unfold today.
This regrettable spectacle was predestined because the City Charter
violates a cardinal principle of organization. If we desire to halt
this strife, this qefect should be corrected and not allowed to persist.
"The basic principle of organization involved is the relationship of
authority and responsibility, If peace and harmony are to prevail,
then these two elements must not be separated but rather must be held
in balance. If a person or a group has the authority to control and
direct a function, they should also be responsible and accountable for '
their actions. This is not true as our Charter is presently written.
Under its present' provisions, the City Council is held responsible to
the people of Arcadia for the operation of the City, yet the Library
Board of Trustees is given the authority to operate and administer the
city libraries. While the Council is held responsible for the actions
of the Library Board of Trustees, the only recourse the Council has in
cases of disagreement is to remove one or more members from the Board.
This is an abominable and completely impractical administrative tool,
All other City Boards and Commissions are advisory to the City Council-
and their actions 'can be overruled by the Council.
"To remedy this defect, that is the separation of responsibility and
authority, there are two courses of action open to us, either of which
require a change in the City Charter. One way would be to change the
Charter so that the Library Board would be advisory to the City Council
as are all other boards and commissions, or a second method would be
to change the Charter so that the Library Board of Trustees would be
elected directly by the people. I am inclined to favor the latter
course of action,
I
"Such a change as I propose can be accomplished by the Council placing
on the April 1964 municipal ballot the proposed Charter change, or it
could take the form of an initiative measure of the people themselves.
"I would appreciate the council members giving what I have proposed
their careful and thoughtful consideration. I am sure that we all
agree, that second only to our schools, our libraries playa most
important and essential part in the education and development of our
people so that they will be well equipped to handle the problems that
tomorrow will surely bring.
"I am equally sure that all people of goodwill want to see the curtain
drop on this drama of bitterness, emotion and conflict, In my opinion,
this is the way to accomplish it."
To Mayor Pro Tempore Reibold's query as to whether the other Council
members had any comments, the following statements were made -
IN PART:
5.
7-16-63
MOTION
SECOND
LIBRARY
(Fund Transfer)
(F:472-Gen.)
15:6048
Councilman Balser: That he felt the letter from the Library Board dated
June 28, 1963 warrants the full consideration and expression of the
members of the Council; that due to the fact that all members of the, " '
Council collaborated on the letter written to the Library Board, in which
the Council recommended a closed shelf be established, that in his opinion
the matter should be placed on agenda when all members of the Council
are present.
Councilman Balser then ~ that the subject matter be held and again
placed on agenda when all members of the Council are present.
Councilman Butterworth: That he agreed with Mayor Pro Tempore Reibold's I
statements that the distress in the community in connection with this
pending or with this current controversy is something that the Council
wants to bring to an immediate and permanent close; that he would reserve
his thinking on whether an amendment of the City Charter is the way to
accomplish this; that he agreed with Councilman Balser that the matter
deserves and is entitled to the consideration of the full Council, and
for that reason he would second Councilman Balser's motion to defer the
consideration of the reply of the Library Board and in conjunction there-
with Mayor Pro Tempore Reibold's recommendation until there is a full
Council present,
There being no questions or objections the above motion was carried
unanimously.
Lengthy discussion was held regarding a communication dated July 11, 1963
from the Library Board of Trustees requesting transfer of funds to cover
part-time reference help, it being the recommendation of the Board that
$3500 be transferred from the Library surplus account to cover in part
the deficit in the 1963-64 budget, said sum to be spent for part-time
reference help; that if the Council did not feel it practical to release
this amount, then the sum of $2000 was requested, the other $1500 to be
made up by closing the Library Friday nights from July 20, 1963 through
June 30, 1964, Attached to said communication was a report entitled
"Hours and Services in View of Budget Deficit".
Comments were made IN PART as follows:
Councilman Balser: That he had attended the Library Board meeting when
the subject matter was discussed. He pointed out that there is
approximately $8000 left in the reserve fund of the library which the
Council felt should be held for future emergencies. That the Board
was of the opinion that quite a few library services would have to be
curtailed in order to meet the budget as approved, said methods being
outlined in the report. That the cutting of services, in his opinion,
is quite serious in that it is the aim of the City to improve rather
than cut services,
I
To Councilman Balser's query as to what effect if any did the report
from the County Assessor have on any future requirements for the reserve
fund of the library budget, the City Manager advised in part that upon
the basis of the released information the estimate of assessed valuation
for the 1963 budget is approximately $702,000 high, which would mean less
tax money than estimated in the final budget and would make a difference
of approximately $1400 insofar as the library portion is concerned,
Mayor Pro Tempore Reibold: That it would be his suggestion that the
Library Board transfer its requested funds from the $37,500 allocated
in the budget for the purchase of books and in approximately nine months
re-examine the situation. He also mentioned that in his opinion the
next three or four years would be lean financially, partially due to
the slow down in building brought about by the City's new planning
6.
7-16-63
I
MOTION
SECOND
MOTION NOT
CARRIED
I
ZONE
VARIANCE
(Knight)
(F:985)
ZONE
, VARIANCE
(Stogsdill)
(F :986)
" <-
l5;6Q49
'.'
and by the land taken off the tax roll by the freeway, That he was
opposed to the proposed closing of the Library ?n,Friday nights and
Saturdays because of adult use of, the facilities at such times,
Councilman Butterworth: That the Library Board's reason for desiring to
close the Library on Friday nights and Saturdays was to effectuate an
economy at the present time; that in his opinion the postponement, as
suggested by Mayor Pro Tempore Reibold would only result in the same
situation nine months later; that the suggested Friday night closing
would, in his opinion, be a reasonable solution to the problem and should
it prove a burden to the community the matter could be reconsidered before
the entire Council.
Further discussion was held as to the amount of funds in the Library's
surplus account, the financing of the Library the next fiscal year, etc,
The Librarian, being requested by Councilman Butterworth to express his
opinion as to whether the closing of the Library on Friday nights during
the summer would materially affect the community, stated in part that he
agreed with the Board that this would cause the least inconvenience to the
community, He pointed out that the recommendation was, however, to close'
Friday nights for the entire fiscal year and Saturdays from July 20 through
September 30, 1963,
Councilman Butterworth then MOVED that in response to the letter from the
Library Board of Trustees, dated July 11, 1963, the sum of $2000 be trans-
ferred from the Library surplus account to Account No, 460-3 and that in
line with the recommendation of the Librarian the Library be closed on
Friday nights to effectuate the balance of economy,
Councilman Butterworth added that if the Friday night closing proves to be
an unreasonable burden on the community by the end of the summer that the
entire Council could reconsider the matter at that time,
Councilman Balser seconded the motion.
Mr. Don Ehr, 215 West Pamela Road, addressed the Council, stating in part
that because the public had not been heard on the matter he would suggest
that the Library not close as proposed as this could work a hardship on
adults whose only opportunity to use the Library is on Friday night; that
it would be his suggestion that perhaps the same economy could be effectuated
-by opening the Library later each morning,
The following roll call was then taken:
AYES: Councilmen Balser, Butterworth
NOES: Mayor Pro Tempore Reibold
ABSENT: Mayor Phillips, Councilman Turner
Mayor Pro Tempore Reibold declared the motion lost for lack of sufficient
"Aye" votes and explained that he voted "No" so as to give the Library
Board full jurisdiction over whether it keeps the Library open or not.
Councilman Balser MOVED, seconded by Councilman Butterworth and carried
unanimously, that the recommendation of the Planning Commission, embodied
in its Resolution No. 479, be approved and that the petition of William
J, Knight for a zone variance for the purpose of constructing a third
story penthouse above a proposed two story apartment building on real
property located at 1102 Fairview Avenue be denied, and that the City
Attorney be instructed to prepare a resolution accordingly,
Councilman Butterworth ~ that the recommendation of the Planning
Commission, embodied in its Resolution No, 484 be approved and that the
petition of Ralph D. and Lula P. Stogsdill for a zone variance to
permit the construction of a home for the aged deaf on property located
7,
7-16-63
ZONE VARIANCE
(Erlingheuser)
(F:990)
ZONE VARIANCE
(Vallone)
(F:991)
TRACT NO. 27619
(Final)
(F: 959)
15:6050
at 529 West Las Tunas Drive be approved upon the conditions recommended
by the Planning Commission; and that the City Attorney be instructed
to prepare a resolution accordingly. Councilman Balser seconded the
motion which was carried unanimously.
Mayor Pro Tempore Reibold declared that since no action can be taken
until time for appeal elapses the zone variance request of Ralph F.
and Margaret E, Erlingheuser to permit the construction of a 46 unit
eight story apartment building on property located at 504 and 508 West
Huntington Drive, will appear on agenda for the regular Council meeting
of August 6,1963.
I
Mayor Pro Tempore Reibold declared that since no action can be taken
until time for appeal elapses the zone variance request of Mike T,
Vallone to permit the construction of a 200 unit 8 story apartment
building on property located at 614 to 642 West Huntington Drive, will
appear on agenda for the regular Council meeting of August 6,1963,
A picture of the proposed subdivision, located west of Santa Anita
Avenue, between Longden Avenue and Palm Drive, was shown on the visual
screen.
The Planning Director advised that the Planning Commission recommends
approval of the map subject to the following conditions, as set forth in
report of the Planning Department dated July 5,1963; that included as
a condition of approval (No, 9) is the pro rata cost of the improvements
likely to benefit the property at 29 West Palm Drive; also that a report
dated July 8, 1963 from the Department of Public Works indicates the
manner in which the Trust amount was determined: (All on file in office
of the City Clerk)
1. Install standard street improvements required by the subdivision
ordinance. Improvements, grades and drainage shall be to the satisfaction
of the Director of Public Works, No driveway shall encroach in curb
returns.
2. Provide all easements required for rear line utilities.
3, Remove all trees and structures from the street right of way.
4. Remove all structures and buildings within or across the tract
boundary, These removals or relocations shall comply to all City
Ordinances, Codes and Regulations, and be done to the satisfaction of
the Department of Public Works, including garage at 39 West Palm Drive.
5, Fees and deposits required:
I
Street light installation
Street sign installation
Street tree installation
Final Approval Fee
$920
140
408
2QQ...
TOTAL
$1768
6, Dedicate a one foot strip to the City of Arcadia in fee at the
westerly end of Birchcroft Street.
7, Dedicate a one foot strip in fee to the City of Arcadia along the
street right of way line adjacent to 29 West Palm Drive, or place in
an approved trust.
8.
7-16-63
I
MOTION
I
TRACT NO. 28623
(Tentative)
(F:992)
MOTION
15:6051
8. A covenant in form approved by the City Attorney shall be recorded
agreeing that for the purposes of Article IX of the Arcadia Municipal
Code the exterior boundary of said tract shall constitute the rear lot
lines of Lots 3, 4, 5, 8, 9 and 10.
9, Authorize $8192.57 as the pro rata amount of cost applicable to the
property of Mr. Allan P. Dunn at 29 West Palm Drive.
Mrs, Edith K, Dunn, residing at 101 West Palm Drive, addressed the Council,
advising that she is the owner of the property at 29 West Palm Drive.
She reiterated her opposition to the subject tract expressed at the
Planning Commission meeting and in her communications to the Council
dated July 9 and 16,1963 and to the Planning Commission dated July 9,
1963, (Copies on file in office of the City Clerk),
In answer to questions of the Council Mrs. Dunn advised that she desired
to retain the subject property for her family for reasons explained in
her communications and that her reasons for not residing on the subject
property were also explained in her communications. That in substance
she was opposed to the subject tract because she did not feel the
developer had dealt fairly with her; that the proposed trust would
deny her the freedom to develop, maintain or sell her property.
In the discussion that ensued it was stated in part by ~myor Pro Tempore
Reibold that he had been present at the Planning Commission meeting
when the subject matter was discussed at some length; that at that time
Mrs. Dunn had indicated that she only wanted to split the lot into two
parcels instead of four, That in his opinion the Planning Department
had made the optimum use of the land and that he would venture a guess
that in the ultimate Mrs, Dunn would desire the same usage. He asked
Mrs. Dunn if she would be willing to stipulate that the lot would never
be split into more than two lots and Mrs. Dunn replied that she could
not so stipulate; that so long as she owned the property that w~uld be
her wish but this might not be the desire of a possible purchaser,
Councilman Balser stated in part that in his opinion the fee would never
be paid if the benefit were not used; that the same method is used on
all subdivisions and that it is important to have a trust established
on the subject property; that it is fair for those gaining benefit from
a street to pay their proportionate share thereof.
The City Attorney stated that the trust agreement provides that the
intervening strip shall be conveyed to the City for street purposes
after a specified period of time even, if the trust amount be not paid.
Councilman Balser then MOVED, seconded by Councilman Butterworth and
carried unanimously that the Council accept and approve final map of
Tract No. 27610 subject to the conditions set forth above; that the
City Clerk be and she is hereby authorized and directed to endorse in
due form such approval and acceptance on said map and to affix thereto
the Corporate Seal of the City of Arcadia and to certify to the adoption
and passage of a Minute Order at such time as there shall be deposited
with the City of Arcadia a good and sufficient Surety Bond guaranteeing
certain improvements in said Tract No, 27619 pursuant to Section 9114
of the Arcadia Municipal Code.
Tract located south of Palm Drive, west of Santa Anita Avenue on
properties at 2407 and 2419 Santa Anita Avenue, 28 Palm Drive and the
rear portions of properties known as 22, 26 and 44 Palm Drive, consist-
ing of 13 lots on a 50 foot wide street opening on Palm Drive,
After the above tract was shown on the visual viewer, Councilman Balser
~ that the Council accept the recommendation of the Planning
Commission and approve tentative map of Tract No. 28623 subject to the
following conditions (contained in report from Planning Department to
the Planning Commission, dated July 9,1963) and subject to the following
change in Condition No.2 and the addition of condition No, 12 as set
9. 7-16-63
15:6052
forth in communication from the Planning Commission to the Council
dated July 10, 1963:
1. A covenant in form approved by the City Attorney shall be recorded
agreeing that for purposes of Article IX of the Arcadia Municipal Code
the exterior boundary line of said tract shall constitute the rear lot
lines of Lot 7,
2, Prior to recordation of the final map a plan showing the size,
shape and location of the houses on these newly created lots shall
be submitted for approval by the Planning Commission,
3. Houses on Lots 1, 12 and 13 shall front on Santa Anita Avenue. The
setback shall be not less than 25 feet.
I
4. House on Lot 9 shall front on Palm Drive and have minimum setback
of 25 feet,
5. Install all standard street improvements required by the subdivision
ordinance, Improvements, grades and drainage shall be to the satisfaction
of the Director of Public Works, No additional median openings will be
allowed in Santa Anita Avenue.
6. Provide all easements required for rear line
on a copy of final map prior to final approval.
by utilities,
utilities and delineate
Plan must be approved
7, Remove all trees and structures from the street right of way.
8. Remove all structures and buildings within or across the tract
boundary, These removals or relocations shall comply to all City
ordinances, codes and regulations and be done to the satisfaction of
the Department of Public Works,
9. Dedication of street 60 feet wide or 5 foot planting and sidewalk
easements and corner radius of 20 feet at Santa Anita.
10. One foot between Lots 9 and 10 in fee to City of Arcadia or place
in an approved trust.
11. Fees and deposits required:
Street Light Installation
Street Sign Installation
Street Tree Installation
Final approved Fee
(Sec.9l22.2 A.M.C.)
TOTAL
$805
140
272
325
$1542
(NOTE: A suggestion has been made to the subdivider to pick up the I
rear portion of 55 ft, wide lot on the southwest corner of Santa Anita '
and Palm in order that Lot 11 could become two lots, one facing on the
new street and the other facing on Palm Drive.
Change Condition No, 2 to permit the house location plans to be approved
by the Planning Department rather than the Commission.
Add Condition No, 12 as follows:
12. Realign the lot line between Lots 9 and 10 five feet to provide
more area in lot 9,
Councilman Butterworth seconded the motion which was carried unanimously,
10,
7-16-63
CENTRAL AREA
MORATORIUM
(Craig)
(F :899)
RADIO
TECHNICIAN
(Salary)
I ~,0l61)
PONY/COLT
LEAGUE
(Lights)
(F :761)
I
MOTION
- I"
15:6053
MOTION by Councilman Butterworth, seconded by Councilman Balser and
carried unanimously that pursuant to Section 5-B of Ordinance No. 1212
Paul M. Craig, doing business as Craig Machine and Tooling, be granted
an occupancy permit to occupy the building at 37 Santa Clara Street
inasmuch as this is a conforming ,use in an existing bUilding.
MOTION by Councilman Balser, seconded by Councilman Butterworth and
carried unanimously that the Council accept the recommendation of the
City Manager and adopt the following minute resolution:
RESOLVED, that effective July 1, 1963 the monthly salary
for the position of Radio Technician in the Police Department
be established at $360 per month and that Section 3 of
Resolution No. 3598 and the current final budget be amended
accordingly.
The City Manager advised that with reference to the request of the
Arcadia Pony/Colt League for discontinuance by the City of charges
for lighting at Bonita Park, the City has borne a portion of the cost
of lighting said field; that supervision is furnished and paid for by
the City; that the City reimbursed the League for the actual cash
invested in the system. That he recommended that the present rate of
$5 per hour be retained, but should the Council determine to eliminate
the charge, that it was his recommendation that the League repay the
$5,787.70 to the City for the installation of the system.
Mr, R. E. Hadady, President of the Arcadia Pony/Colt League, addressed
the Council, relating the background and stressing the importance of
the program, He mentioned that the majority of the cities in San Gabriel
Valley make no charge for lights, adding that if there were sufficient
diamonds his circuit could play day baseball and lights would be
unnecessary,
The Council advised Mr, Hadady that the value of the program was
recognized but if the request were granted there would be demands on
the City from other programs for similar facilities at no cost, It was
also pointed out that in the initial phase of the program the capital
cost was absorbed by the City upon the agreement of the League to pay
the lighting charge.
To Mr. Hadady's comment that the original agreement was recognized but
that the League does not have sufficient funds to carryon the program
in the manner it should; that the lighting cost is jeopardizing the actual
playing of ball, Mayor Pro Tempore Reibold stated that while the Council
appreciated his problems, the Council has recently had the experience of
cutting the City Recreation program considerably,
Councilman Butterworth added that he would state, on behalf of both the
Council and the Recreation Commission, that probably the City would not
have proceeded with the lights if it had not been for the League's
agreement to pay the $5 charge; that he recognized other cities might
have other arrangements but that there is just so much tax money the City
of Arcadia can allocate for recreational purposes,
Councilman Butterworth then MOVED that the request of the Arcadia Pony/
Colt League for the discontinuance of charges by the City for lighting
at Bonita Park be rejected. Councilman Balser seconded the motion which
was carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
11.
7-16-63
HAB&PA
(Hub Shopper)
(A:PR)
MOTION
CAPITAL
IMPROVEMENT
PROJECTS RE-
APPROPRIATIONS
(1963-64)
(F :CIP)
15:6054
Request of the West Arcadia Business & Professional Association for a
permit to circulate approximately 15,837 Hub Shoppers by hand distribution
and recommendation of the City ~mnager that the request be denied.
The City Attorney stated that the Hub Shopper does not meet the requirements
of the Arcadia Municipal Code for a newspaper as set forth in Section 6119
of Article VI; that in order to qualify as an exception to said section of
the Code prohibiting throw-aways it would be necessary for it to meet the
definition of a newspaper in all respects; that the Hub Shopper is not
classified as second class mail matter nor does it carry a list of paying
subscribers at regular rates; that the only way in which the permit could
be properly granted is by amendment of the Code section.
Mr. Don Ehr, 215 East Pamela Drive, addressed the Council, stating in part I
that the Hub Shopper is not considered a throw-away inasmuch as it is porch
in other San Gabriel Valley cities; that in his opinion the definition in
the Arcadia Municipal Code as to what can be classified as a newspaper is
obsolete. Re requested that the matter be studied by the Council, or
perhaps a committee of the Council and staff, in an effort to arrive at a
satisfactory solution; that the Hub Shopper has been distributed in the
area for 15 years and has wide acceptance; that the request to hand distribute
it is occasioned by its lesser cost than mail; that by reducing the cost of
distribution the Hub Shopper could contain news and then could serve the
oommunity as a newspaper as well as an advertising media.
It being the consensus of the Council that the matter should be reviewed,
Councilman Butterworth MOVED that the request of the West Arcadia Business
& Professional Association for a permit to circulate Hub Shoppers by hand
distribution be denied, but that the matter be brought before the full
body of the Council with a request to Mayor Phillips to appoint a committee
to review the situation. Councilman Balser seconded the motion which was
carried unanimously.
MOTION by Councilman Balser, seconded by Councilman Butterworth and carried
on roll call vote as follows that the Council accept the recommendation of
the City Manager and authorize funds for the projects listed below to be
reappropriated and that the City Controller make proper disbursements against
each project; also that the sum of $2,464 be appropriated to Account No.
508 for installation of additional fire alarm systems in the Library:
Account No.
Street Projects
Account Title
Recommended
Appropriation
1963-1964
$3,316
200
500
4,005
3,000
to
4,370 I
300
500
541
6,212
1,158
4,675
$28,777
205A
206
207A
2l0A
219
225
Extension Construction
Lighting
Beautification - Camino Real to
Live Oak
Hest Duarte Road Sidewalks, etc.
Santa Clara Lighting
Huntington Drive Street Lights - Santa Anita
Michillinda
Santa
Santa
Santa
Clara
Anita
Anita
Fire Department Projects
408 Fire Alarm Boxes
Library
506
507
Projects
Children's & Young People's Room
Drive & Halkway between Library & Parking Lot
Other
608
618
620
Projects
Wilderness Park
Wilderness Park Stream Crossing and Roads
Holly-Huntington Point Beautification
Total Recommended Reappropriations
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
12,
7-16-63
STORM DRAINS
(Deficiency
Study)
(P:SDd)
I COMPLETION
OF CONTRACT
(Water Dept.
Pipe)
(F :982)
COMPLETION
OF WORK
(Baldwin
Reservoir &
Camino Real
Plant)
(F :967)
BID AWARD
(Santa Clara
St. Extension)
(F:696)
I
15:6055
MOTION by Councilman Butterwo':th, seconded by Councilman Balser and
carried unanimously that the bouncil accept the recommendation of the
City Manager and the Directol; of Public Works and approve the report
dated July 11, 1963 submitted by the Director of Public Works on storm
drain deficiencies (copy on file in office of the City Clerk) and
authorize the Director of Public Works to submit the list of storm drain
projects to the County Flood Control District in accordance with the
request of the Board of Supervisors of the Los Angeles County Flood
Control District dated May 21, 1963 to ascertain what, if any, drainage
problems or deficiencies remain now that both the 1952 and 1958 Storm
Drain Bond Issue Programs are nearing completion.
MOTION by Councilman Balser, seconded by Councilman Butterworth and
carried on roll call vote as follows that the Council approve the recommen-
dation of the City Manager and the Water Superintendent and accept the
completion of delivery by the United States Pipe & Foundry Co. of all
pipe specified in their contract with the City dated June 26,1963 and
authorize the payment of $15,264,50 according to the provisions of said
contract:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
MOTION by Councilman Butterworth, seconded by Councilman Balser and
carried on roll call vote as follows that the Council approve the
recommendation of the City Manager and the Water Superintendent and
accept the work of the Aeroline Fence Service for the construction of
concrete block walls in accordance with plans and specifications at the
Baldwin Reservoir and at the Camino Real Plant and authorize payment of
the contract price in the sum of $7,833 according to the provisions of
the contract;
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Following bids received July 15,1963 for the extension of Santa Clara
Street from Runtington Drive to Santa Anita Avenue:
D & W Paving
American Asphalt
Osborn Construction
Larjo Coo
Warren-Southwest, Inco
$39,588.14
44,746,96
47,658,75
49,515094
52,552.74
Engineer's Estimate
50,644.19
MOTION by Councilman Balser, seconded by Councilman Butterworth 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
extension of Santa Clara Street be awarded to D & W Paving, Inc. in the
amount of $39,588014; 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, and that all other bid deposits be returned:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
130
7 -16-63
BID AWARD
(Library
Furnishings)
(F :472)
(nsp)
LAND
COMMITTEE
REPORT
TRACT
NO. 28273
(Final)
f:~'1!f
15:6056
Following bids received for furnishings and installing furniture and
equipment for the new addition at the Arcadia Public Library:
Carl R. Anderson and Company
Sam Yocum Office Equipment
Remington Ranc
Builders Specialty Company of Los Angeles
Rounds Floor Covering
$3991.05
$ 299.47
$1582.93
$6434.81
$5963.57
Prices are F.O.B. Arcadia installed and include all applicable taxes.
MOTION by Councilman Butterworth, seconded by Councilman Balser and I
carried on roll call vote as follows that the Council accept the
recommendation of the City Manager, the Purchasing Officer and the
Librarian; that the purchase of the above items be awarded as listed
with purchases under $3,000 being processed by purchase order and that
all other bids on the same items be rejected; that bids received on
Items A7, AS, Cl, El and Hl, not being in strict accord with the
specifications and h~ving been submitted by only one vendor, be rejected:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Balser then MOVED that the sum of $23,000, be appropriated to
Account No, 509 (Furnishings, Children's and Young People's Room) to
cover the above expenditures. Councilman Butterworth seconded the motion
which was carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
The City Manager advised that the Land Committee (Councilmen Balser and
Reibold and the City Manager) recommends the commencement of a program
to dispose of land not proposed for public purposes in order to return
such land to the tax rolls; that prior to making final recommendations
the Committee recommends the following actions:
1. Authorize the City Manager to enter into an option to purchase
23,698 square feet'of property lying along the west line of the Santa
Anita Wash, north of Huntington Drive, from Mrs. Amy D. Phillips for the
sum of $20,000. City to be furnished with a title policy on said lands
and the seller to pay any broker fees involved.
2. Instruct the City Manager on behalf of the City Council to determine
what interest, if any, the Arcadia Unified School District has in the
land owned by the City on the south side of Duarte Road opposite the
High School.
I
Councilman Butterworth MOVED that the Council approve the above recommen-
dations of the Land Committee and that the City ~illnager be instructed to
take the necessary action therein set forth, Councilman Balser seconded
the motion which was carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Councilman Turner, Mayor Phillips
c.
Located between Christina Street on the north and LeRoy Avenue on the
south, consisting of six lots.
MOTION by Councilman Balser, seconded by Councilman Butterworth and
14.
7-16-63
I
tmML-
, (Business
Permit P & F
Motors)
(F:899)
(nsp)
CENTRAL AREA
(Wills)
(F:899)
15:6057
carried unanimously that the Council accept and approve final map of
Tract No. 28273 subject to the following conditions:
1. Install all standard street improvements required by the subdivision
ordinance. Improvements, grades and drainage shall be to the
satisfaction of the Director of Public Works, No opening will be
permitted, in the center median of SantaAnita Avenue.
2. Provide all easements required for rear line utilities, Delineate
easements on the final map,
3, Remove all trees and structures from the street right of way.
4, Remove all structures and buildings within or across the tract
boundary. These removals or relocations shall comply to all City
ordinances, codes and regulations and be done to the satisfaction
of the Department of Public Works,
5. Fees and deposits required:
Street light installation
Street sign installation
Street tree installation
Final approval fee 6 @ $25,00
$230.00
70,00
93.50
150,00
Total
$543.50
6. Indicate on the title sheet and note on the final map that the
vehicular access rights to Santa Anita Avenue, except at the
street intersection is dedicated to the City of Arcadia, (This
condition is to prevent curb cuts for the two lots facing Santa
Anita Avenue on to Santa Anita Avenue).
7. Prior to the recordation of the final map a plan showing the size,
shape and location of the houses on these newly created lots shall
be submitted for approval by the Planning Commission.
8. A covenant in form approved by the City Attorney shall be recorded
agreeing that for the purpose of Article IX of the Arcadia Municipal
Code the exterior boundary line of said tract shall constitute the
rear lot lines of Lots 3 and 4.
9, Rouses to be constructed as per approved lot development plan,
That the City Clerk be and she is hereby authorized and directed to
endorse in due form such approval and acceptance on said map and to
affix thereto the Corporate Seal of the City of Arcadia and to certify
to the adoption and passage of a Minute Order at such time as there shall
be deposited with the City of Arcadia a good and sufficient Surety Bond
guaranteeing certain improvements in said Tract No. 28273, pursuant to
Section 9114 of the Arcadia Municipal Code,
MOTION by Councilman Balser, seconded by Councilman Butterworth and carried
unanimously that Messrs. Fred Bracht and Peter Schade, doing business as
P & F Motors (auto repair) be granted an occupancy permit and business
permit to occupy the premises at 22 North 4th Avenue, inasmuch as this
is a conforming use in an existing building, pursuant to~Section-S.B of
Ordinance No. 1212. (
Extensive discussion was held regarding the request of John A. Wills,
agent for Mrs. A. L. Lawhon, owner of property at 333 No. Santa Anita
Avenue, for permission to lease said property for 2-1/2 years to the
Jelco Corporation.
15,
7-16-63
MOTION
COMMUNICATIONS
(Hutchinson)
(A:LB)
15:6058
The Planning Director advised that the subject property being in the
Central Area designated on the plan for development of technical offices
and to be compatible with adjoining residential zones, he would recommend
the subject use not be permitted on the subject property.
The City Manager stated that approval of the subject request would
require adoption of that portion of the proposed Central Area Plan so
far as it pertains to this area and to determine that the criteria has
been met; also that if the request is approved it would be his recommen-
dation that no outside storage be permitted unless enclosed by a six foot
wall.
Councilman Balser MOVED that the request be denied on the basis that it
is not compatible.
I
The applicant (John A. Wills) addressed the Council, stating in part that
he had not been aware of the proposed moratorium six months ago when the
property was being improved at considerable cost after a fire; that the
proposed use of the property is for a company engaged in the installation
of power transmission lines and associated equipment; that the rear portion
of the property will contain this operation while the front portion of the
premises will be used for employee and executive parking; that there will
be no fumes, odors or unusual noise; that the tenant expects to make
appearance improvements and has regular personnel assigned to general
maintenance of the premises.
Mr. Wills added that it would be satisfactory if the Council desired to
impose a strict time limit of occupancy, consistent, however, with others
in the area; that if no progress is made on the redevelopment of the area
during such term of occupancy they could reapply.
The Planning Director stated that in his opinion a 2-1/2 year lease would
materially interfere with the proposed development as he foresaw develop-
ment in the subject area within approximately six months.
The applicant, after conferring with his client, stipulated that a minimum
of one year occupancy would be satisfactory at present with the provision
that he could reapply.
Councilman Balser stated that in his opinion it has been established as
to what is proposed to be developed in the area but that based upon the
discussion he would withdraw his motion to deny and would support a lease
for one year.
Further discussion ensued wherein it was stated that every effort should
be made to alert the businessmen of the area as to the proposed redevelop-
ment, and wherein the applicant stipulated that as per his plot plan
equipment would be stored at the rear of the property.
Councilman Butterworth then MOVED that in accordance with section 5-B of
Ordinance No. 1212 an occupancy permit be granted John A. Wills for
occupancy of property at 333 No. Santa Anita Avenue for one year.
Councilman Balser seconded the motion which was carried unanimously,
I
Councilman Butterworth added that at the end of the one year term the
Council could view the situation and if the plan is not developed or
satisfactory definitions have not been reached then there would be no
reason why the occupancy permit could not be extended for an additional
period of time compatible with property interests.
The City Clerk read in its entirety the following communication from
Dr, R. H. Hutchinson, 724 Fairview Avenue, Arcadia, dated July 11, 1963
16.
.
- 16 63
I
I LOS ANGELES '
COUNTY FAIR',..
(Banners)
(A:PR)
RECESS
REFUND
(Re i tano)
(F:Ref.)
"
i
15:6059
"Arcadia City Council
Arcadia City Hall
Arcadia, California
"
,
I'
"Gentlemen:
"Almo~~ all of our very dedicated organized group are on vacation, and
we ail 'have learned better than to waste our time at your so-called
open meetings. I would like to point out'very concisely some facts
to you, All of you ignored the opinions of the majority of churches
and about 5,000 petitioners, but may I point to the last school elections
and the local rag getting upset 'about the 5,000 anonymous mailings? We
are not anonymous, and remember it only takes about 2,000 to remove or
elect you. This is not in the form of a threat, but you are our elected
representatives, and hiding your heads in' the sands of liberalism without
moral responsibility will not make black any whiter,
"In this letter, gentlemen, I would merely ask that you consider seriously
the roughshod treatment given to actual residents in favor of people who
do not even live in our town. You may consider the 5,000 fictitious, but
keep on spending their money for filthy literature and letting Mr. Fletcher
and the library board laugh at you, and gentlemen, get one things straight -
A CLOSED BOOKSHELF WILL NOT SUFFICE~ None of us care,if you want to buy,
pornographic literature surreptiously in a cheap store, but this is to
protect our children. Mr. Fletcher doesn't have to worry--he doesn't
even live in our town.
"Gentlemen of the council you have very serious decisions to make concern-
i~g multiple tenament dwellings, and pornographic books bought with tax-
payers money,
"May I point'out that you can be with those that elected you or we will
not be with you when you may need us.
"No matter how one states it; when you say you will or won't vote
man, it sounds threatening. This is not the intent here, but the
are that the vast majority have been ignored and there is a large
ready to sacrifice everything to win back the rule of the people,
is no threat in asking each of you to ask yourselves, 'My position
,depends on a majority vote; which side will I be counted on when this
~ORGANIZED, DEDICATED group makes their stand known?
for a
facts
group
There
"Respectfully submitted,
(S) Dr. R, H. Hutchinson"
Mayor Pro Tempore Reibold ordered the above communication filed,
MOTION by Councilman Balser, seconded by Councilman Butterworth and
, carried unanimously that the Council grant permission to the Los Angeles
County Fair Association to hang street signs announcing the dates of the
1963 Los Angeles County Fair, the Fair dates being September 13 through
September 29, the signs to be placed in August by the Foley Decorating
Company and removed by said company,
At 10:30 P.M. Mayor Pro Tempore Reibold declared a recess.
The meeting reconvened at 10:35 P.M.
MOTION by Councilman Balser, seconded by Councilman Butterworth and carried
on roll call vote as follows that the Council accept the recommendation
of the License Officer and authorize a refund of $10,00 to Mr. John J.
Reitano, the former owner of the apartments at 1001-1005 West Huntington
Drive, this being 75% of the unused portion of the license fee and in
accordance with provisions of Section 6214.5 of the Arcadia Municipal Code:
17,
7-16-63
COUNTY
BOUNDARY
COMMISSION
WAB&PA
(Trees)
(A:PR)
WAB&PA
(Signals)
.
(A:PR)
15:6060
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Councilman Turner, Mayor Phillips
Mayor Pro Tempore Reibolf ordered filed notifications from the County
Boundary Commission of proposed annexations Nos, 331, 332, 335 and 336
to the City of El Monte, inasmuch as they have no effect on Arcadia.
The City Manager advised that under date of July 5,1963 the West Arcadia
Business and Professional Association requested the City to pay for the I
complete installation of trees on the sidewalks of West Arcadia. He
explained that said association submitted to the Director of Public Works
a proposed layout on a plot sketch of the West Arcadia area; that the
Director of Public Works offered to furnish, plant and maintain the
approximately 100 trees if the Association would contract and pay for
the saw-cutting of the concrete, but that the Association considers
this City beautification and requests the City to pay for the saw-cutting
of the concrete squares for the planting of such trees.
It was stated that if such a project were instituted in the West Arcadia
area there would be requests from the other business areas in the City for
the same service, the Director of Public Works adding that presently his
budget would not cover such an expenditure.
It being the consensus of the Council that it might be a good policy to
explore the possibility of tree planting in all the business areas of
the City, Councilman Butterworth ~ that the matter be referred to the
Capital Projects Committee for study and report to the Council as to the
feasibility and extent of the plan. Councilman Balser seconded the motion
which was carried unanimously,
Communication from West Arcadia Business & Professional Association,
dated July 5,1963, requesting a pedestrian actuated signal on South Baldwin
Avenue between Duarte Road and Naomi Avenue,
It being stated that there are four other locations in the community where
similar signali~ation would be requested if the subject location'were
signalized Councilman Butterworth MOVED that the request be referred back
to staff for study and report. Councilman Balser seconded the motion which
was carried unanimously.
MATTERS FROM THE CITY ATTORNEY:
ORDINANCE
NO. 1215
<Adopted)
The City Attorney presented for the second time, explained the content and
read the title of Ordinance No, 1215, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL
CODE BY AMENDING SECTION 2211.1.2 THEREOF."
MOTION by Councilman Balser, seconded
on roll call vote as follows that the
Ordinance No, 1215 be waived:
by Councilman Butterworth and
reading of the full body of
0,,,,,1
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Balser further ~ that Ordinance No, 1215 be adopted,
Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None .
ABSENT: Mayor Phillips, Councilman Turner
18.
7-16-63
ORDINANCE
NO. 1216
(Adopted)
I
ORDINANCE
NO. 1217
(Introduced)
RESOLUTION
NO. 3603
I
15:6061
The City Attorney presented for the second time, explained the content and
read the title of Ordinance No. 1216, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL
CODE BY ADDING A NEW SECTION 6312.5 THERETO."
MOTION by Councilman Butterworth, seconded by Councilman Balser and carried,
on roll call vote as follows that the reading of the full body of Ordinance
No, 1216 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Butterworth further ~ that Ordinance No. 1216 be adopted.
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
The City Attorney presented for the first time, explained the content and
read the title of Ordinance No. 1217, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL
CODE BY AMENDING SECTIONS 8531 AND 8531.2,3 THEREOF."
MOTION by Councilman Balser, seconded by Councilman Butterworth and
carried on roll call vote as follows that the reading of the full body of
Ordinance No. 1217 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT:, Mayor Phillips, Councilman Turner
Councilman Balser further MOVED that Ordinance No. 1217 be introduced,
Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
The City Attorney presented, explained the content and read the title of
Resolution No. 3603, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DESIGNATING AND ADOPTING THE AZALEA AS THE
OFFICIAL FLOWER OF SAID CITY."
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, 3603 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Balser further MOVED that Resolution No. 3603 be adopted,
Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
19.
7-16-63
RESOLUTION
NO. 3604
RESOLUTION
NO. 3605
RESOLUTION
NO. 3606
15:6062
The City Attorney presented, explained the content and read the title of
Resolution No, 3604, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, FIXING A TIME AND PLACE FOR THE CONVENING
OF THE CITY PLANNING COMMISSION PRIOR TO REGULARLY SCREDULED MEETINGS
THEREOF ."
MOTION by Councilman'Butterworth, seconded by Councilman Balser and carried
on roll call vote as follows that the reading of the full body of
Resolution No, 3604 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
I
Councilman Butterworth further ~ that Resolution No. 3604 be adopted,
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
The City Attorney presented, explained the content and read the title of
Resolution No. 3605, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DENYING A REQUESTED VARIANCE TO ALLOW A THREE
STORY BUILDING ON PROPERTY LOCATED AT 1102 FAIRVIEW AVENUE IN SAID CITY."
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, 3605 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Balser further ~ that Resolution No. 3605 be adopted.
Motion seconded by Councilman Butterworth and carried on roll cal. vote
as follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
The City Attorney presented, explained the content and read the title of
Resolution No. 3606 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT A HOME FOR THE
AGED DEAF AT 529 WEST LAS TUNAS DRIVE IN SAID'CITY."
MOTION by Councilman Butterworth, seconded by Councilman Balser and carriedl'
on roll call vote as follows that the reading of the full body of
Resolution No. 3606 be waived:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
Councilman Butterworth further MOVED that Resolution No, 3606 be adopted,
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold
NOES: None
ABSENT: Mayor Phillips, Councilman Turner
20.
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15:6063
AUDIENCE PARTICIPATION:
(A:lb)
Mr, Herbert Meier, 1212 Oakwood Drive, Arcadia, addressed the Councilo
The following is a transcript (insofar as decipherable) of his tape recorded
statement:
(Meier)
"I hadn't planned to address you tonight although I did have ~ome prepared
notes -- after I heard the letter read here tonight by Dr. Hutchinson I
felt I had to speak.
I
"There has been mentioned many times during this controversy on the book
that 5000 citizens of Arcadia should be deferred to even though only
approximately 3000 names on the petition were considered valid. Do the
citizens of Arcadia realize that the first united effort made to consolidate
the forces and opposition to the 'Last Temptation of Christ' were formulated
at a meeting held at the Arcadia Presbyterian Church on November 28, 1962
which was fully reported in the Los Angeles Times the next day? At that
meeting, which I and others attended, being informed that it was an open
meeting, Dro Barnard, Mgr. O'Keefe and Mro Ray of the Baptist Church all
spoke in condemnation of the book. These gentlemen were the leaders on
the speakers' platform.
"Petitions were handed out at this meeting by Mrs. Bethune, The covering
letter on this petition was a replica of the original letter sent by her
to the Library Board on July 14, 1962. The address given on the petition
was 'Citizens Committee, P. O. Box 333'. Every person in attendance that
night was handed this petition to circulate throughout the city to present
to the City Council at the January meeting.
"In a follow up letter to those present at the original meeting, signed by
Mrs, Bethune, she referred to 'Our November meeting with members of the
Clergy' and urged that greater effort to secure more signatures and mentioned
that 'we must prove to the Council that out of a population of 45,000 there
are at least 5000 Christians in Arcadia who want this book removed from
both the open and the closed shelves of the Arcadia Public Library. Please
call Hillcrest 7-0559 or write Citizens Committee for Clean Books, P. O.
Box 333 quickly for needed additional copies of petitions, quotations
from the book, tear sheets from the Arcadia Tribune for our full page ad' .
"No one has ever known who the members of the Citizens Committee for Clean
Books are, as Irma K. Bethune is the only person who has had the courage
to sign her name,
I
"I have in my possession a copy of the December 1962 publication of the
Network of Patriotic Letter Writers, Box 2003D, Pasadena, California,
which has nationwide distribution, a directive on how to suppress the
circulation of the 'Last Temptation of Christ'. The article is head-
lined in capital letters 'STRIKE OUT THE BLASPHEMOUS BOOK - THE LAST
TEMPTATION OF CHRIST' and after a direct lengthy quotation from the
letter on the Citizens Committee's petition signed by Mrs, Bethune and
comprising her letter to the Libary Board it is suggested 'Work to
stamp out this book wherever it may be foundo Check your child's
required reading list, check your libraries and sales outlets. If your
library refuses to remove it from the shelves to preserve intellectual
freedom as in Arcadia, California, organize a citizens group, circulate
petitions and present the signatures to your City Councilo Most sales
outlets will remove the book if requested to do so by a number of people'.
"Is this how we want Arcadia projected on the nation? The Network of
Patriotic Letter'.Writers, according to the Los Angeles Times of March 12,
1961 'gives an insight on how the Birch Society works', In the May
1961 Bulletin of the John Birch Society this publication, among others,
is recommended tO,its members to 'do all you can that is practical to
help and support'. Mr. Welch qualifies the listing by saying 'none
of these groups are affiliated with us in any way', However, according
21.
7-16-63
15:6064
to the Los Angeles Times Mrs. Crosby stated that the Network of Patriotic
Letter Writers grew out of a Tuesday Morning Club of which she is a member
and she is credited with founding the first South Pasadena chapter of the
Birch Society and was starting on the fifth in 1961. So it is safe to
assume that the Network of Patriotic Letter Writers has the real backing
of the John Birch Society. Do we in this community want to be pressured
by an outside group who has no interest in the internal problems of the
City but wishes to use us as a propaganda agency for the John Birch
Society? This is quite apparent because of the fact that Mrs, Bethune,
who called the excerpts from the book, is an admitted members of the John
Birch Society.
"Gentlemen, I hope you will keep the facts that I have just related to I
you in mind when you reconsider the report of the Library Board. Thank
yoU.11
No one else desiring to address Council, Mayor Pro Tempore Reibold turned
to
MATTERS FROM CITY OFFICIALS:
MASONIC
TEMPLE
ESCROW
(F:820-k)
WEGMAN
(F :820)
HEISS BLDG.
(Zoning)
(F :703)
BUTTERWORTH
ADJOURNMENT
The City Manager advised that the City Attorney has been making progress
on cloSing transactions between the Masonic Temple Association and the
American Lutheran Church; that there are one or two items still to be
solved. He then requested authority to open an escrow for the Masonic
Temple transaction, Councilman Balser MOVED that the City Manager be
authorized to open an escrow for the Ma~ Temple transaction. Council-
man Butterworth seconded the motion which was carried unanimously.
To the City Attorney's comment that there would undoubtedly be a preliminary
report on the matter, the City Manager replied that he would submit to the
Council 1) that when the City purchased the property from the Wegmans the
City did not have clear title to'the property because the Wegmans would
not accept all the money and wanted it in a trust account, and this has to
be worked out; and 2) there is some question as to the length of the
Temple lease purchase agreement as well as the interest rate; that these
two matters will be brought back to the Council.
At the request of the City Manager, Councilman Balser MOVED that the
Planning Commission institute upon its own motion such zone variance
proceedings as may be necessary to construct the building on the old
library site as contemplated 1;_ the Heiss agreement with the City,
Councilman Butterworth seconded the motion which was carried unanimously.
Councilman Butterworth commented briefly on his trip to Greece and Tripolis
and that he expected to submit a report to the Council.
At 10:50 P.M. Mayor Pro Tempore Reibold adjourned the
I
ATTEST:
~lr~ ~~~~e/r/
City Clerk
22.
7-16-63