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HomeMy WebLinkAboutJULY 16,1963 I nwocm" 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. 7-16-63 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