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HomeMy WebLinkAboutDECEMBER 17,1963 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES HEARING (Pre school) .:3- I gO HEARING ZONE 'H' I .J- /OdJ 15:6145 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 17, 1963 The City Council of the City of Arcadia, California, met in regular session on December 17, 1963 in the Council Chamber at 8 P.M. Rev. John Knox, Associate Pastor of the Church of the Good Shepherd Mayor Elton D. Phillips PRESENT: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None Minutes of the regular meetings of November 19 and December 3, 1963 were approved on motion of Councilman Reibold, seconded by Councilman Butterworth and carried unanimously with the exception of Mayor Phillips who abstained from voting on the November 19 minutes as he was not present at said meeting. Application of Eldred D. Libhart for a business permit to conduct a pre school at 530 W. Las Tunas Drive. Mayor Phillips declared the hearing open and inquired if anyone in the audience desired to ad- dress Council. No one so desiring Councilman Reibold moved that the hearing be closed. The motion was seconded by Councilman Butterworth and carried unanimously. It was brought out that the business license had formerly been issued to Mrs. Dorothy Stevens, that this is a change of ownership only. MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that the application be approved and that a business permit be issued to Eldred D. Libhart. Planning Commission Res. No. 501 recommending against the classifi- cation of specified properties into Zone 'H' Special Height Zone of property lying easterly of Santa Anita Avenue from the south side of Alta Street to the north side of California Street and from the south side of California Street to the north side of Duarte Road between Santa Anita and First Avenues. The Planning Director presented an oral report together with pictorial slides; said report consisted of the background leading to the present stage of Zone 'H' areas; future considerations of classification into Zone 'HI; extensive review of the results of a survey made of the number of school students enrolled from multiple dwelling units; also projecturals of the concentration areas. Mayor Phillips then declared the hearing open and the following persons addressed Council: IN FAVOR OF REZONING Rev. George E. Theiss, 19 Bonita Avenue, Arcadia 1. 12-17-63 15:6146 Kermit Hartzler introduced Mr.. Louis Wolfe, professional planner with the Development Research Company, who presented an extensive economic analysis supporting the previous findings with specifics, pointing up the interrelation in the development of the Town Center, the industri- al and aparbnent zones and the impact of the freeway. Mr. Wolfe was joined in the support by Mr. Don Gutoff, also a consultant in planning. Mel Pratt, 123 Loralyn Drive, Arcadia. Thomas Sullivan, 134 E. Huntington Drive, Arcadia. IN OPPOSITION TO REZONING I Earl Waynick, 1424 Caballero, Arcadia Paul Schreinder, 45 Fano Street, Arcadia No one else desiring to be heard, it was moved by Councilman Butterworth seconded by Councilman Reibold and carried unanimously that the hearing be closed. Mayor Phillips advised that Council had received copies of all of the petitions and communications which had been filed on the matter. Discussion held at length on the anticipated changes to occur with the advent of the freeway, that the area in question was originally developed around 1925 and 1927; that the land values are high but the improvements thereon are not in keeping with the required economic return necessary for the support of the central area; that the pro- posed rezoning would compliment the city with the resultant con- struction. Councilman Reibold stated in part: that in his opinion no member of the Planning Commission or the City Council would do anything to de- value the residential character of the city; that persons from time to time do alter their mode of living, moving from a home located on a large parcel of land to an apartment; that the school statistics are interesting and significant; that this particular small area must not be permitted to deteriorate; that some rezoning must be con- sidered; that the use of land affects the financial structure of the city; that this usage is the best so far. Councilman Turner stated in part: that the survey regarding the school situation reflects only seven students from 532 apartment units as opposed to many times that number in the same number of indi- vidual houses. He referred to the type of city into which Beverly Hills has grown; that it is a planned and outstanding community; that high rise development in that city has enabled it to maintain a lower tax rate; that by pure economics Arcadia should have high rise zoning in specified areas, I Councilman Balser stated in part: that the school report, in his opinion, was interesting but not conclusive; that Arcadia has adhered to the policy of a community of homes and that the character of the city would ultimately change, becoming an average city as evidenced by other cities which have adopted high rise construction; that a problem could result if persons move~ from their homes to high rise affecting the school system and the taxbase; that he was in accord with the Planning Commission recommendation to which that body had given much time and effort; that if Council is seriously considering high rise zoning the matter should be placed before the electorate at the April 1964 municipal election. Councilman Butterworth stated in part: that he has high regard for the 2. 12-17-63 I TAXI RATE INCREASE I J'/~ PERSONNEL (Fire Dept.) If<,.: C--/~i Ffc..a1;~n 15:6147 Planning Commission, having supported it in most cases in the past; that he did not feel it necessary to rezone the area in question to high rise in order to support the central area business district but that such rezoning would certainly be an increment; that much time and effort have been expended toward the development of the central area and that Council cannot now turn its back; however he did not be- lieve high rise was indicated for the area south of California Avenue to Duarte Road between Santa Anita and First Avenues; that he would support the rezoning of the area south from Huntington Drive to the north side of California Avenue between Santa Anita and Second Avenues; that he was most sensitive to the school situation and that based on the evidence there is no reason to believe that the rezoning would have any substantial affect on the school system; that he would favor the rezoning of the area he described. Mayor Phillips stated in part: that there is a situation facing . Council which it should resolve; that should the city return to an all R-l zoning situation it would require an assessed valuation of approxi- mately $11,000 per resident to support the community which would mean an annual property tax of about $900 per home. He referred to Beverly Hills, that it has no problem combining high rise and R-l zoning; that an effort is being made to meet the onslaught of the economic forces thAt were brought upon the city for a higher use of the land; that the city has not violated its policy of a city of homes; that commercial and manufacturing areas have been confined to specific locations. Councilman Turner then moved that Council approve the clas~ification of properties lying easterly of Santa Anita Avenue to.Second-Kvenue from the south side of Alta Street to the north side of California Street and from the south side of California Avenue to the north side of Duarte Road between Santa Anita and First Avenues into Zone 'HI Special Height District. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Reibold, Turner, Phillips Councilmen Balser, Butterworth None Councilman Butterworth commented that he voted 'No' because he was not in favor of high rise south of California Street. The meeting recessed at 9:45 P.M. and reconvened at 9:50 P.M. MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the request for permission to increase the rates of the Arcadia Monrovia Valley Cab Company from 10 cents per quarter mile to 10 cents per one fifth mile be approved. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None The recommendation of the Personnel Board that a change be effected in the Dispatcher-Clerk positions in the Fire Department from four dispatchers working three eight hour shifts on a forty hour week to a three platoon sixty-two hour week schedule requiring three men in 24 hour shifts was approved on MOTION of Councilman Reibold, seconded by Councilman Turner and carried unanimously. 3. 12-17-63 VARIANCE (Church) STREET LIGHTING MAINTENANCE DISTRICTS HOSPITAL EXPANSION -3-R5 TRAFFIC CONTROL (races) s &~ !J;u,/I ~f!- LIGHTING MAINTENANCE DISTRICTS RESOLUTION NO. 3630 (No. 21) .3- /0 d- d:l- 15:6148 The request of the Church of Christ Scientist for a continuation of its variance application until January 7, 1964 was approved on MOTION of Councilman Butterworth seconded by Councilman Balser and carried unanimously. The City Engineer filed reports on the proposed formation of Lighting Maintenance District Nos. 21, 22 and 23, under the provisions of the Municipal Lighting Maintenance District Act of 1927, Division 14, Part 3 of the Streets and Highways Code. I Lighting Maintenance District No. 21 includes underground lighting system in Rancho Santa Anita; No. 22 includes lighting in any sub- division and residential area and No. 23 includes lighting along Huntington Drive and First Avenue. MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried unanimously that the reports be approved. MOTION by Councilman Reibold, seconded by Councilman Balser and carried unanimously that the request of the Methodist Hospital Foun- dation of Southern California for the release of the three acre parcel immediately south of Civic Center Place be approved and that the Mayor and City Clerk be authorized to execute a fourth amendment to the Lease Agreement in form approved by the City Attorney. MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the recommendation of the City Manag- er for $70,230 appropriation for traffic control during the 1963-64 racing meet be approved and that the appropriation be made from Un- appropriated Surplus Account No. 290 and transferred to the Police Department Account No. 42l~4. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Upon Council's approval of the reports presented by the City Engineer on the proposed formation of Lighting Maintenance District Nos. 21, 22 and 23 and the maps of the assessment districts pertaining there- to, the City Attorney presented, explained the content and read the titles of the following resolutions: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTE- NANCE DISTRICT NO. 21." I MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3630 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Reibold further moved that Resolution No. 3630 be adopted. 4 12-17-63 I RESOLUTION NO. 3631 (No. 21) 3-/0~:A. RESOLUTION NO. 3632 (No. 22) +/C;c?3 I RESOLUTION NO. 3633 (No. 22) j /0;r3 15:6149 Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 21, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE. AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF ALTURA ROAD, COMPESINA ROAD, VAlIDO ROAD, MONTE VISTA ROAD, GOLDEN WEST AVENUE, CORTO ROAD, CABRILLO ROAD, DE ANZA PLACE, CATAlPA ROAD, VOLANTE DRIVE, MONTE VERDE DRIVE, LA ROSA ROAD, PAlOMA DRIVE, ENCANTO DRIVE, PANORAMA DRIVE AND COLUMBIA ROAD IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF." MOTION by Councilman Balser, seconded by. Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3631 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Balser further moved that Resolution No. 3631 be adopted. MOTION seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CAlIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTENANCE DISTRICT NO. 22." MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3632 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Butterworth further moved that Resolution No. 3632 be adopted. MOTION seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CAlIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO.2 2, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF EL SERENO DRIVE, LEAFWOOD LANE, SHARON ROAD, EL MONTE AVENUE, WINNIE WAY, 5 11-17-63 RESOLUTION NO. 3634 (No. 23) J IOG?-f RESOLUTION NO. 3635 (No. 23) .g If)~f 15:6150 ANDREWS ROAD, LA RAMADA AVENUE, PALM DRIVE, PALM CIRCLE, BIRCHCROFT STREET, RODELL PLACE, LA SIERRA DRIVE, ALTERN STREET, TENTH AVENUE AND LINDA WAY IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF}' MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3633 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None I Councilman Turner further moved that Resolution No. 3633 be adopted. MOTION seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTE, NANCE DISTRICT NO. 23." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3634 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Balser further moved that Resolution No. 3634 be adopted. MOTION seconded by Councilman Turner and Carried on roll call vote as fo l'lows : AYES,' NOES: ABSENT: Counci lIhen I, None) None Bal'ser, Butterworth, Reibold, Turner, Phillips I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 23, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF HUNTINGTON DRIVE, SANTA CLARA STREET AND FIRST AVENUE IN SAID CITY AND FIXING A 'TI~ AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF." I MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3635 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Reibold further moved that Resolution No. 3635 be adopted. 6. 12-17-63 I BOOSTER PUMP -!J1t:7c90 DRAINAGE POLICY (subdivisions) POLICE (PISTOL RANGE) a.'PR.. ~ 15:6151 MOTION seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None (The date scheduled for hearing objections to the formation of the above districts - January. 21, 1964 at G P.M.) The City Council having reviewed and concurred in ,the report of con- sulting engineers Perliter and Soring regarding the noise level approximation to be expected at the St. Joseph stand-by booster pump station, it was MOVED by Councilman Reibold and seconded by Council- man Turner and carried unanimously that the City proceed with the in- stallation and include in the specifications and drawings the ad- ditional sound proofing as recommended in the report. The Director of Public Works submitted a recommendation that a policy be established where construction costs for drainage facilities be shared by the City and the developer on a formula basis depending on the amount of water diverted by the new subdivision compared with prior water problems. On MOTION of Councilman Butterworth, se~o!,ded, by Councilman Reibold and carried unanimously, the matter was tabled with the request that it be submitted with clarification and prepared examples. MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the request of Arthur W. Sear, President of Honeywell Gun Club, for permission to use the Police Pistol Range be denied, as such use could interfere with regular police practice and also that the range was not designed for such use; that controls and safety features are not adequate for civilian use. On recommendation of the City Manager., it. was MOVED, by Councilman Butterworth seconded by Co~~cilm~n Balse;,and carried on roll call vote as follows that the bid of the Goodyear Service Stores, 55 E. Huntington Drive, Arcadia, for tire and tire service in the annual amount of $6000 be accepted; that all other bids be rejected and any r::7 .in~ormalities or irregularities in. the bids or bidding process be ~~_~wa1ved. , . . TIRE AND SERVICE p: fftjC' I LOT SPLIT (review) BUSINESS LICENSE (Moratorium area) -7 81'1 AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None The City Council took under review the recommendation of the Planning Commission for denial of lot split at the northeast corner of Las Flores and Holly Avenue. The matter will appear on agenda for January 7, 1964 regular meeting. MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that the request of Robert J. Lippiatt for a transfer of his business license from 908 W. Duarte Road to 138 E. Huntington Drive be approved for a period of 2 years. Said building 7. 12-17-63 WORK COMPLETION (Raybon) 1- /'J:-1 WORK COMPLETION (Moulder Bros,) -:9- I:; 7 LIBRARY (j,: h,_tvlo.. ~I ORDINANCE NO. 1229 adopted 1/q3 15:6152 to be used for truck delivery, warehousing, sorting and handling of the Los Angeles Times newspaper. Discussion held on the improvement of the front of the store building; the applicant stated that he had already changed the appearance from the front; that it no longer appears to be vacant. On recommendation of the satisfactory completion of the construction of the recreation building and related work in the Wilderness Park, it was MOVED by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that the work as performed by Raybon Con- struction Company be accepted and that final payment be authorized in accordance with the contract and that a Notice of Completion be re- corded. I AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None On recommendation of the satisfactory completion of the landscaping and sprinkler system installation in the Wilderness Park, it was moved by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the work as performed by Moulder Bros. be accepted and that final payment be authorized in accordance with the contract and that a Notice of Completion be recorded. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None The Library Board advised of its reopening of the Library on Friday evenings beginning December 6, 1963. The communication indicated that the Board is hopeful that there will be sufficient funds to accomplish this until the end of the current fiscal year. It was the concensus of the Council that there will be adequate funds to make this possible. Councilman Balser to impart this information to the Library Board at its forthcoming Board meeting. if: _~ City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1229, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM." Councilman Butterworth moved that the reading of the full body of Ordinance No. 1229 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Butterworth further moved that Ordinance No. 1229 be ADOPTED. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None 8. 12-17-63 ORDINANCE NO. 1230 adopted I d-J007 ORDINANCE NO. 1231 Introduced I 15:6153 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1230, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGU- OUS TO.SAID CITY DESCRIBED IN RESOLUTION NO. 3621 ADOPTED BY SAID CITY COUNCIL ON OCTOBER 15, 1963-AND DESIGNATED THEREIN AS "ANNEXATION NO. 31, SOUTHEAST ARCADIA (UNINHABITED)". MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full of Ordinance No. 1230 be waived: body AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Turner further moved that Ordinance No. 1230 be ADOPTED. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1231, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IV OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 5 ENTITLED "COUNTY PARK REGULATIONS" ADOPTING BY REFERENCE ARTICLES 1 THROUGH 4 OF ORDINANCE NO. 8354 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE AMENDING ORDINANCE NO. 2301, RELATING TO RULES AND REGULATIONS FOR COUNTY PARKS, BEACHES, RECREATION CAMPS, RIDING AND HIKING TRAILS, AND OTHER RECREATION AREAS", PRESCRIBING DEFINITIONS, RULES AND REGULATIONS CONCERNING COUNTY OWNED PARKS WITHIN THE CITY." MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1231 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Councilman Turner further moved that Ordinance No. 1231 be introduced. Motion seconded by Councilman Reibold and carried on roll call vote as fo llows : AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None The City Attorney pointed out that the County Ordinance requires a permit from the County Park Director to use fireworks in the County Park. Discussion held on whether or not the County could refuse to grant a permit to the City for its annual fireworks display as con- ducted by the local American Legion Post. The City Attorney advised that under the Ordinance the County could refuse a permit, however, it had always permitted the display in the past, even though adminis- tratively it could have refused to do so even without such an ordinance. Public Hearing scheduled for January 7, 1964 at -8 P.M. 9. 12-17-63 MODIFICATION AGREEMENT (Arcadia Industries) J- 71J tj 15:6154 The City Attorney presented three copies of Los Angeles County Ordinance No. 8354 to the City Clerk to be placed in her office for public inspection. The City Attorney stated that as a result of the County's levy of taxes upon the city property on Peck Road and the suit to recover such taxes paid under protest, Arcadia Industries had requested the execution of a modification of the original agreement, the sole purpose and effect of which would be to clarify the fact that Arcadia Industries has no possessory interest in or right to any of the city properties except those for which it has paid the City in full and received a deed thereto. That he and the City Manager had reviewed the modification agreement and find the same to be as thus explained and satisfactory for execution by the City. I MOTION by Councilman Balser, seconded by Councilman Butterworth and carried on roll call vote as follows that the City execute an agree- ment modifying tile original agreement between the City and Arcadia Industries in the form presented and approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None None Mayor Phillips declared the meeting adjourned at 10:55 P.M. 'I. ~ JfJ (JJJJr ~ Mayor Phillips ATTE:T: _ ~! etad7~ U/J1 City Clerk I 10. 12-17-63