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HomeMy WebLinkAboutMAY 16,1961 .1 ","""AU" PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (5-2-61) CITY CLERK HEARING (Cordelius) / ZONE VARIANCE (Greer - Denial; ZONE VARIANCE (J. Ray Risser 1 ~,<O.:/ ZONE CHANGE (Miller ,- Denial) I AMENDMENT OF SECTIONS OF ARCADIA MUNICIPAL CODE 14:5342 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 16, 1961 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 o'clock P.M., May 16, 1961. The Invocation was offered by Mons. Gerald M. O'Keeff~,Pastor of the Church of the Holy Angels. Mayor Balser led in the pledge of allegiance to the flag. PRESENT : ABSENT : Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser None Motion by Councilman Reibold, seconded by Councilman Camphouse and carried by the Aye vote of Councilmen Reibold, Camphouse and Mayor Balser that the minutes of the Regular Council Meeting of May 2, 1961 as submitted in writing be approved; Councilman Butterworth and Phillips abstained from voting due to their absenc~ from said meeting of May 2, 1961. Mayor Balser announced that due to the absence of the City Clerk from the City Mr. Leslie M. Talley would serve as Depl}ty.'CityClerk..." Motion by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the Hearing on Planning Commission Resolution No. 406 recommending Denial of request for change of zone from R-2 to R-3 (747 to 803 West Camino Real) be continued to the Council Meeting of June 20, 1961 at 8:00 o'clock P.M. due to a death i~ the applicant's family. Planning Commission Resolution No. 407, recommending DENIAL of the application of Jane C. and Ora Reed Greer to permit a service station at the northwest corner of Duarte Road and Golden West Avenue. An appeal from said decision of the Planning Commission having been duly filed by applicants and said matter requiring a public hearing, Councilman Phillips moved that the hearing be scheduled for June 6, 1961. Councilman Reibold seconded the motion which was carried unanimously. Mayor Balser declared that since no action can be taken until time for appeal elapses (May 19, 1961) the zone variance request of J. Ray Risser for a zone variance to allow the erection of four additional apartment units at 918 West Huntington Drive and to continue the use of the present 16 foot driveway and the covered carports, Planning Commission Resolution No. 408 recommending approval, will be held over until the appeal period has passed. Planning Commission Resolution No. 409, recommending DENIAL of request by Ellen Miller and others, for a zone change from R-l and R-2 to C-3 and D (6 lots on north side of Naomi Avenue, east of Baldwin Avenue). Said matter requiring a public hearing, Councilman Butterworth moved that the hearing be scheduled for June 6, 1961 at 8:00 o'clock P.M. Councilman Camphouse seconded the motion which was carried unanimously. Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that a hearing be scheduled for June 20, 1961 at 8:00 o'clock P.M. on Planning Commission Resolution No. 410 recommending the amendment 0{ Sections of the Municipal Code pertaining to driveway requirements in Zones R-2, R-3-R and R-3, and adding to the authority of the Modification Committee to make minor modifications of driveway requirements. 1. 5-16-111 1961-62 GAS TAX BUDGET RESOLUTION NO. 3384 ~ ~y y f/ b" 0 INDEXED ( SUSPENSION OF LICENSES (73 Wes t Huntington Drive) j7J7 INDEXEIi j 716 tINDEXED 14:5343 It being the consensus of the Council that the 1961-62 Gas Tax Budget as submitted by the City Manager be approved and that the Director of Public Works be authorized to submit the required documents to the Division of Highways, the City Attorney presented, explained the content and read the title of Resolution No. 3384, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES." Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3384 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser 1 NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3384 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None' ABSENT: None The City Manager advised that a copy of a report with attachments as follows had been submitted to the Council regarding the suspension of amusement game licenses at 73 West Huntington Drive: 1. Letter of transmittal from the Chief of Police to the City Manager. 2. Copy of notification from the Chief of Police to Robert E. Dunne, temporarily suspending license for the operation of a Balley King Pin Bowler at the above address which was approved by the City Council on April 4, 1961. 3. Copy of notification from the Chief of Police to La Von I. Hanson, temporarily suspending the license approved by the Arcadia City Council on April 4, 1961 to operate a pool table at the above address. 4. Copy of the Investigative Report dated April 11, 1961. 5. Copy of the Supplemental Investigative Report dated May 1, 1961. Section 6314.4 of the Municipal Code is quoted as follows: "For any reasons specified in the preceding sections of this Division the Chief of Police may by written order temporarily suspend any permit issued under the provisions of this Chapter by posting a copy of such order of suspension at any conspicuous portion of the premises for which such permit was issued. Such suspension shall remain in full force and effect until the next regular meeting of the Council, at which meeting the Council shall consider the matter of the temporary suspension and may thereupon rescind, modify or continue such suspension or may revoke such permit or affix new or different terms to the continuation of such permit. 1 "The posting of such order of suspension by the Chief of Police as specified in this section shall be tantamount to and in lieu of any other or further notice of such hearing by the Council." That on the basis of the information submitted, the City Manager recommended that the permits issued by the Council at its regular meeting of April 4, 1961 be rescinded. He added that both parties involved have been advised that they may appear before the Council at this meeting to offer any testimony relative to the suspension. 2. 5-16-61 (Suspension of Licenses - Continued) 1 1 14:5344 The following is a summarization of same. office of the City Clerk). (Transcript on file in the Mr. Paul Augustine, Jr., Attorney at Law, 1201 E. Main Street, Alhambra, addressed the Council, advising that he represented Mrs. LeVon I. Hanson, owner of Club 73; that Mrs. Hanson as well as her brother and manager, Mr, LeRoy Hagen, were present and desired to address the Council; that first, however, he desired to have read the contents of the investigators' report. Whereupon the Dep)lt, City. Clerk .;read incits eptirety '.a ,r~port.,flated '. April ll, 1961 from R. J. Williams, Captain to R. S. Seares, Chief of Police, 'regarding the investigation of Club 73. Mr. Augustine contended, in substance, that in his opinion nothing in the report showed that Mrs. Hanson a~ the owner or Mr. Hagen as the manager have actually participated or engaged or encouraged gambling. That inasmuch as the officer writing the report did not participate in the investigation the report as read would be hearsay; that he felt the officers who actually participated and witnessed the events should either write the report or be present to formally make the charge~. That the report as read showeq no active participation on the part of either Mrs. Hanson or Mr. Hagen. To Councilman Phillips' comment that paragraph 2 of page 2 would appear to indicate Mrs. Hanson's active participation, ,Mr. Augustine replied that he felt the statement was very broad. The City Manager explained that the subject report is a consolidation of the two written reports of the investigating officers, whose separate signed reports are on file in the Police Department. Mr. Augustine further stated in part that Mrs. Hanson desired to address the Council to tell how she has attempted to conduct the Club 73; that she is willing, as is her brother Mr. Hagen, to conduct the place in a manner in accordance with the Council's wishes; that perhaps they may not have been as vigilant as they should but that they intend to remedy this in the future if an opportunity is given them. To Councilman Phillips' suggestion that if there is a question regarding admission of evidence the matter be continued until the proper witnesses can be present, Mayor Balser stated that he would permit those present at this meeting to speak and probably continue it thereafter, To Mr. Augustine's inquiry as to whether the officers would testify as indicated in the report the Chief of Police replied in the affirmative. Whereupon Mr, Augustine stated that no objection would be made to the report as read and Mayor Balser ordered said report introduced into evidence. Thereafter the City Attorney swore in as witnesses Mrs. Hanson, Mr. Hagen and Mr. Dunne, and they testified and answered questions of the Council and the City Attorney in substance as follows: Mrs. Hanson: That she knew nothing about gambling in her establishment; that if they played a certain score they were awarded merchandise or beer; that she had owned the Club since February l, 1961; that she did not remember the exact date she rented the machine from Mr. Dunne except that she believed it was March, 1961; that the course of conduct referred to has been continuous until the occasion with the police; that the machine has been moved out since that time; that the operation was stopped at the time the suspension was put into effect; that Mr. Hagen is her oldest brother and works for her; that when she is not there he acts as manager. That she pleaded guilty to the sale of intoxicating beverages subsequent to 2:00 A.M. in the Municipal Court; that there has been no hearing before the Alcoholic Beverage Control. Mr. Dunne: That he controls and owns one of the bowling games, the BaIley Kingpin Bowler and when the Club 73 was purchased by Mrs. Hanson he rented said bowler to her at a rental of $l2.50 per week; that he did not know how the machine was handled or what was done; that to his knowledge 3. 5-l6-6l (Suspension of Licenses - Continued) l4:5345 Mrs. Hanson owns the pool table; that the machine was put in about six weeks ago and that he had picked up the machine upon receipt of the notice; that he has two other machines in the City, one at the Taku Cafe and one at the Tack Room; that his business is the leasing of various bowling machines; that usually he leases them on a commission basis but in this particular case it was rented; that the machine was licensed in his name; that the testimony that he had suggested the method of using the machine by encouraging its use by giving prizes for certain scores was not true. Mr. Hagen: That he is a part-time manager; that with regard to paying off for skill he actually never participated but that it could have been an employee who occasionally works for them. That there are 1 scores which could earn the player a free beer or a dollar. That he had been skeptical that the activity was illegal and had asked Mr. Dunne, who said it was perfectly all right; that Mr, Dunne did not think there was a violation of the law; that if you unhooked something electrical in the machine it would not make a score; that he did not gamble in the back room but was aware gambling was going on; that he was against it and had warned them; that he was sure there has been gambling and had done his best to stop it; that he has been on the premises since Mrs. Hanson took over, since February of 1961; that he would say yes to the question that to his knowledge there has been gambling in the pool room off and on since February of 1961. That the element of chance rather than skill determined the selection of the lighted score for which beer or merchandise was awarded. The City Attorney stated in part that if there be no further testimony Council has the alternative of closing this hearing or continuing same to a future date. That should the hearing be closed then Council may reinstate the permit, sustain the suspension and permanently revoke the permit, continue the suspension to a future date on a probationary basis or reinstate the permit with modified conditions, There being no further testimony Councilman Butterworth moved that the hearing be closed. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None r, ABSENT: None Councilman Butterworth further moved that the present suspension of both licenses as are now in effect be continued until the regular meeting. of June 6, 1961 at which time the Council shall determine the ultimate decision on the matter. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I Councilman Camphouse stated 1n part that in his opinion all licenses issu to Mr. Dunne should be revoked, especially those for amusement machines a the Taku Club and the Tack Room on the basis of evidence introduced at thi meeting. The City Attorney stated that procedurally only the two licenses which have been suspended by the Chief of Police are in issue at this meet- ing; that while the Council has the right to revoke other licenses it can only be done after a public hearing and after five days notice to the licensee that it is Council's intention so to consider such action. Councilman Reibold stated in part that perhaps what is needed is to have the staff investigate the matter referred to by Councilman Camphouse and take such action as appears appropriate at that time. 4. 5-l6-61 (Suspens ion of Licenses - Continued) SANTA FE RAILWAY (Acquisition of Western- Pacific Railroad) 1 / SCHOOL BOARD (Oakhaven Lane) \~~It. OJ'if ~\DEXED 1 CALL FOR BIDS (Material for Reservoirs) j CALL FOR BIDS (Drilling, etc. for Water Well) / l4:5346 The holding of public hearings on the other two locations (Taku Club and Tack Room) was discussed with consideration being given to the taking of necessary steps in the light of testimony presented at this meeting. Mr. Gus Svolos, attorney with the Atchison, Topeka and Santa Fe Railway Company, addressed the Council and presented the case of said company in its effort to gain control of the Western Pacific Railroad Company. He displayed a map showing the routes served by said railroads and also the Southern Pacific Company. Mr. Svolos then advised in substance that applications have been filed with the Interstate Commerce Commission by both the Southern Pacific Company and the Santa Fe Railway Company to acquire control and acquisition of the Western Pacific Company; that the application of Santa Fe is favored by Western Pacific, as it was felt that this would contribute adequate transportation service by assuring continuation of aggressive competition in the area affected. Mr. Svolos requested the Council, if it felt the position of the Santa Fe was in the best interests of the public, to support the application of Santa Fe by adopting a resolution to that effect to accompany the, filing of a petition with the Interstate Commerce Commission. Whereupon Councilman Camphouse moved that Council look with favor upon the position of the Santa Fe Railway Company and the Western Pacific Railroad Company; that the City Attorney be requested to prepare for submission to the Council at this meeting, the proper resolution and that the City Manager be authorized to sign a petition on behalf of the Council for leave to intervene in support of the application of the Santa Fe Railway Company and in opposition to the application of the Southern Pacific Company in proceedings before the Interstate Commerce Commission. Councilman Butterworth seconded the motion which was carried unanimously. Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommendation of the Board of Education and authorize the City }ffinager and the City Attorney to file eminent domain proceedings to acquire the property required for the opening of Oakhaven Lane as requested by the Board of Education, with ~ the stipulation that the School District will pay all costs in connection therewith: . AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Motion by Councilman Camphouse, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and the Water Superintendent; that the plans and specifications for protective coating of internal surfaces of the steel water reservoirs be approved as submitted; that the City Clerk be authorized to call for bids for such material in conformance with said specifications, expenditures for said purpose being provided in the 1960-61 budget, Account No. 29; said bids to be opened June 5, 1961 at 11:00 A.M. and submitted to the Council at the regular meeting of June 6, 1961. Motion by Councilman Phillips, seconded by Councilman Camphouse and carried unanimously that the Council accept the recommendation of the City Manager and the Water Superintendent; that the plans and specifications for the drilling, casing, perforating, developing and testing of a 20 inch water well be approved as submitted; that the City Clerk be authorized to call for bids for such labor and material in conformance with said specifications, expenditure for this purpose being provided in the 1960-61 budget, Water Fund, Other Projects; said bids to be opened June 5, 1961 at 11:00 o'clock A.M. and submitted to the Council at the regular meeting of June 6, 1961. 5. 5-16-61 PERSONNEL (Park Foreman) j BUSINESS PERMITS (Benches) ~'~EXED o-~ SANTA ANITA P.T.A. ~< ,\~ INDEXED 14:5347 Due to the increase of park facilities and landscape areas in the City, and it being the consensus of the Council that the advocacy of the Director of Public Works, concurred in by the City Manager and approved by the Personnel Board, that the creation of a position of Park Foreman would be in the best interests of the City, Councilman Reibold moved that the Council accept the recommendation of the Personnel Board and authorize the creation of one position of Park Foreman, abolish one position of Sub Foreman, set the salary for the new position at Schedule No. 34, ($451-$550) and approve the class specifications as submitted. Councilman Phillips seconded the motion which was carried unanimously. Motion by Councilman Camphouse, seconded by Councilman Phillips and 1 carried unanimously that Council approve the application of California Bench Company for permits to install benches at the following locations in the City, said locations being approved by the Director of Public Wor 422 East Foothill Blvd. First Avenue at Diamond (N!W). The City Manager read in full a report from the Director of Public Works and the Chief of Police with regard to a letter dated May 8, 1961 from the Santa Anita Parent Teacher Association to the City Council alleging an unusually hazardous condition for children crossing Santa Anita Avenue in front of the school at the point where Wisteria Avenue ends and requesting that corrective action be taken in the form of boulevard stops, flashing lights, timed signals and pedestrian controlled signals. Said report stated in part that there is presently a boulevard stop on the west side of Santa Anita Avenue to stop southbound traffic at Wisteria Avenue but no such control on the east side of Santa Anita Avenue. That there are parkway signs depicting a school zone and lettering on the street surface indicating a school crossing both north and south of the school; that in addition the City provides a school crossing guard at this intersection during the times children are enroute to and from school but that no crossing guard is provided after school hours. Lengthy discussion ensued, in which Mr. Edwin Johnson of 1905 South Santa Anita Avenue, a member of and spokesman for the P.T.A., joined, and many suggestions were offered, such as a light that would be constantly green north and south except when actuated, such an instal- lation costing approximately $10,000; a speed limit of 10 miles per hour to be rigidly enforced, prohibition of parking in front of the school, a tunnel, etc. It was also suggested that if a signal light is installed such installation await the contemplated construction ~ork on Santa Anita Avenue. The Chief of Police addressed the Council and stated in substance that a study of stronger safety measures for school zones throughout the City is proposed; that the mere posting of boulevard stops does not 1 guarantee the motorist will stop; that if the City is to accept the responsibility of providing controls at all times then in his opinion the safest approach would be a traffic light and parking prohibited in front of the Santa Anita School; however, that should a traffic light be installed the children should be instructed how to operate the signal and to wait until all cars stop before proceeding into the street; that the Police Department will work with the schools and the P.T.A. in an educational program but that final instruction and disciplinary action rests with the parents. He also suggested additional signs and street painting to alert motorists of their approach to a school zone and to a signal controlled intersection. After further discussion it was the consensus of the Council that the recommendation of the Police Chief would be the best solution to the problem; however, pending the installation of the suggested traffic 6. 5-16-61 (Santa Anita P.T.A. - Continued) 14:5348 . light, additional warning signs be posted alerting motorists to the school zone. Mr, Johnson stated that pending the installation of the signal light such an arrangement would be satisfactory. Whereupon Councilman Butterworth moved that the Police Department and the Department of Public Works proceed along the lines of setting up immediately necessary controls in the area in question. Councilman Camphouse seconded the motion which was carried unanimously. COMMUNICATION Motion by Councilman Reibold, seconded by Councilman Phillips and (Max Goldring: carried unanimously that the communication dated April 28, 1961 from Vacation of Hendler and Sacks, Attorneys, representing Max Goldring, and requesting Various Streets the initiation of proceedings for the vacation of certain unimproved near Peck Road)streets within the City known as the Chicago Park Tract, be referred to d- $JO~ the Planning Commission for their recommendation to the Council. BANNE~sINDEXEDMotion by Councilman Reibold that the Council grant permission t9 the (Pomona Fair) Los Angeles County Fair Association to hang advertising banners announc. ~ ing the dates of the 1961 Los,Angeles County Fair, said banners to be 0~ installed in August, 1961 and said installation to be subject to the ~ :4'(' approval of the Director of Public Works. Councilman Phillips seconded Vi the motion which was carried by the Aye vote of Councilmen Butterworth, Reibold, Phillips and Mayor Balser. Councilman Camphouse voted No. INDEXEJ) REFUNDS Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the Mayor and City Clerk be authorized to refund the following sums, being the unused portions of investigation fees deposited in connection with their applications for business permits: 1 INDEXED ORDINANCE No. 1127 (Adopted) / 1 ORDINANCE NO. 1128 (Reintroduced) :1: 7Cj9 !j!?OO -:f 11':3 Revelle Clark, Jr. Robert Doherty Henry LaBare $12.68 11.25 12.75 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1127, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6220.56 OF THE ARCADIA MUNICIPAL CODE AND REPEALING SECTION 6426.6 OF SAID CODE." Motion by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1127 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further moved that Ordinance No. 1127 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1128, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO CHAPTER 2 OF ARTICLE II THEREOF A NEW PART 8 CREATING A PARKING PLACE COMMISSION, PROVIDING FOR THE APPOINT~lliNT, REMOVAL, QUALIFICATIONS, TERMS OF OFFICE AND N~IBER OF MEMBERS THEREOF AND SPECIFYING THE POWERS AND DUTIES THEREOF." 7. 5-16-61 (Ordinance No. 1128 - Continued) RESOLUTION No. 3380 ) INDEXED RESOLUTION No. 3381 INDEXED j 14:5349 The City Attorney read a letter from Mr. Roy Long, Parking Place Commissioner,commenting on the adequacy of a three man Board. The City Attorney advised that the ordinance as drawn is for a five man Commission and if Council desires it reduced to three men the correction can'be-made and"the Qtdinance"reintroduced~ ',,',' It being the consensus of the Council that a three man Parking Place Commission is adequate Councilman Camphouse moved that Ordinance No. 1128 be amended to change the number of Commissioners to three, amending Section 2281.1 thereof as drawn. Councilman Reibold seconded the motion which was carried unanimously. Councilman Reibold moved that the reading of the full body of Ordinance No. 1128 as thus amended be waived. Councilman Phillips seconded the motion which was carried on roll call vote as follows: 1 AYES: Councilmen Butterworth, Cati1phou~e, Reibold,. Phillips, Balser NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1128 as thus amended be reintroduced. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3380, entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING CERTAIN INTERSECTIONS OF PUBLIC STREETS AS STOP INTERSECTIONS AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT." Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3380 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3380 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of 1 Resolution No. 3381, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF RULE I OF THE PERSONNE RULES AND REGULATIONS OF THE CITY OF ARCADIA AS ADOPTED BY RESOLUTION . NO. 2769." Motion by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3381 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3381 be adopted. Motion seconded by Councilman Camp house and carried on roll call vote as follows: 8. 5-16-61 1 1 (Resolution No. 3381 - Continued) RESOLUTION No. 3383 / INDEXED RESOLUTION NO. 3382 INDEXED / RESOLUTION No, 3385 j8D1 iLNDEXED 14:5350 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3383, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, READOPTING AND REINSTATING RESOLUTION NO. 2668 DECLARING CERTAIN STREETS WITHIN SAID CITY TO BE MAJOR CITY STREETS OTHER THAN STATE HIGHWAYS." Motion by Councilman Butterworth, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3383 be waived: AYES: Councilmen Butterworth, Camphouse,Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Butterworth further moved that Resolution No. 3383 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3382, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RESCINDING RESOLUTION NO. 3367." Motion by Councilman Butterworth, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3382 be waived: AYES: Councilmen Butterworth, Camphouse, ~eibold, Phillips, Balser NOES: None ABSENT: None Councilman Butterworth further moved that Resolution No. 3382 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3385, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING PROCEEDINGS FOR SETTING A PUBLIC HEARING CONCERNING AND GIVING NOTICE OF THE TIME AND PLACE OF SUCH PUBLIC HEARING CONCERNING THE PROPOSED ANNEXATION TO THE CITY OF ARCADIA OF CERTAIN TERRITORY ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF SAID CITY, SAID TERRITORY BEING SITUATED NEAR THE SOUTHERLY PORTION OF THE CITY OF ARCADIA AND DESIGNATED AS 'ANNEXATION NO. 24, SOUTH ARCADIA UNINHABITED' ." Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3385 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold. Phillips, Balser NOES: None ABSENT: None 9. 5-16-61 (Resolution No. 3385 - Continued) j RESOLUTION No. 3386 a:NDEXED j 14:5351 Councilman Phillips further moved that Resolution No. 3385 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney pointed out that the consent of the County of Los Angeles has been obtained in writing to the annexation of all of the subject territory, said consent being predicated upon the Council's formal declaration of its willingness to deannex,at the request of the El Monte Union High School District or the City of El Monte, any portion thereof south of the improved channel that might be declared 1 excess and acquired by the school; that if it is declared excess and if the school does acquire same to add to its campus, it would obviously want it under one jurisdiction. Whereupon Councilman Camphouse moved that the Cou~cil accept the recommendation of the City Attorney and express its willingness to consent to the detachment from the City of Arcadia for annexation to the City of EI Monte of that portion of the territory described in Resolution No. 3385 lying south of the improved portion of the Rio Hondo Channel at the request of the Arroyo High School of the El Monte Union High School District or the City of El Monte. Councilman Phillips seconded the motion which was carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No. 3386, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RE APPLICATION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY BEFORE THE INTERSTATE COMMERCE COMMISSION (FINANCE DOCKET NO. 21334)." The City Attorney added that the above resolution recites the application of the two railroads; that the Santa Fe application will contribute to adequate transportation service ~y assuring continuation of aggressive competition in the expanding area immediately affected, etc., and that the Council authorizes the City Manager to sign a petition for leave to intervene in support of the application of the Santa Fe. Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3386 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3386 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 1 AUDIENCE PARTICIPATION VACATION OF Mrs. Hazel Simpson addressed the Council, expressing dissatisfaction with PORTION OF the manner in which her part of the vacation proceedings of a portion of FIFTH AVENUE Fifth Avenue at Huntington Drive had been handled by the City Attorney's (Hazel Simpson)office. She stated that she had prepared a detailed written report covering her specific complaints but would forego reading it in its entirety, merely referring to its content as a background. She then proceeded to summarize at length her various criticisms which in substance were directed to delays she alleged were occasioned through ~~::.~ 10. 5-16-61 (Mrs. Simpson Continued) 1 CITY OFFICIALS FLOOD CONTROL PROPERTY r'7~ AUTOMOBILE FOR CITY MANAGER ~s~ 14:5352 -errors and discourteous treatment by the City Attorney. She also referred to the fact that she felt she should have received a grant deed rather than a quitclaim deed to the subject property, and also that she had received an unitemized statement covering costs incurred in the matter, The City Attorney explained the reasons for the inadvertent delays in the matter but denied any intentional discourteous'treatment. That the quitclaim deed given Mrs. Simpson was the proper document under the circumstances and was in form approved by her attorney. The City Manager commented that he had informed Mrs. Simpson that if she desired an itemized statement one would be made up but that the total amount would undoubtedly be much greater. Mayor Balser advised Mrs. Simpson that the matter would be reviewed and every effort made to resolve it. The City Manager reported that in compliance with Councilman Camphouse's request he had investigated the matter of excess Flood Control properties with particular emphasis on the large parcel north of Arcadia; that he had requested all right of way maps from the Flood Control District even though properties have not been declared excess and had discussed with their Chief Engineer the approximately 15 acres that lies south of the Wilderness Park area. He added that the Chief Engineer indicated willingness to negotiate with the City for joint use of that property, they to have the right to reenter on an,hour's notice in case of an emergency in that area. Motion by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that the amount of $2100,00 be transferred from Account No, 409.28 to Account No. 409.27 for the purpose of purchasing a compact car for the City Manager, said amount to be deleted from the 1961-62 Budget; AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None ADVERTISING Councilman Camphouse inquired whether the City has an ordinance regarding MATERIAL the distribution of advertising material in automobiles and pointed to a (Dissemination)card approximately 6" x 8" which had been placed under the windshield wiper on his car. Mayor Balser requested the staff to investigate if there had been any violation of the City's ordinances. 1 fY'S~ PAVING (Adjacent to Ralphs) At the suggestion of Councilman Camphouse, Mayor Balser requested the City Manager to contact the Manager of Ralphs Grocery Company on Foothill Boulevard regarding their agreement to pave at no cost to the City the sidewalk at 245 East Foothill Boulevard; that the owner of said property had indicated willingness to have the work done. l?~ ~ ~11 Councilman Camphouse expressed concern regarding adequate )INDEXED and water protection of the mountain areas around Arcadia prevent a fire such as recently occurred in the Hollywood COUNCIL MEETINGS fire, police in order to Hills. Councilman Camphouse made the following statement: "There is no intention on my part to play the part of a martyr as inference was given in the press yesterday. I have an honest conviction about the way I feel as each one of us on various problems has specific ideas. It is the policy of each one to respect the thinking of other individuals. The implication attached to an individual's feeling is 11. 5-1661 (Camphouse Continued) j INDEPENDENT ' CITIES OF LOS ANGELES COUNTY V AMERICAN LEG ION J LEAGUE OF CALIFORNIA CITIES (Legislative Bills) I BOARDS AND I COMMISSIONS (Vacancies) ADJOURNMENT 14:5353 built up out of proportion. I recognize the situation for what it is and I feel that kind of reporting is building up things that are not really differences of the Council and is injurious to the long welfare program of the City. "Contrary to references in the paper, I informed you Jess, two weeks ago, that I would not be there Saturday morning and I stated that I felt that I wasn't going to do anything to interfere with it and I didn't call up the newspapers, and I feel personally that we, as members of the Council, recognize each individual's right to have an opinion without that particular opinion being blown up out of proportion. We would not only be doing each other a discourtesy but that would be a disservice to the people we are all elected to serve better." 1 Mayor Balser stated that he appreciated Councilman Camphouse's position and that he was proceeding on the basis of getting the job done to the best of his ability; that there is no intent on his part to make his situation difficult. Councilman Phillips stated that he would be out of the City the rest of the week; that he would be unable to attend the annual meeting of Independent Cities of Los Angeles County at the Roger Young Auditorium May,n,,,1961, and that Councilman Butterworth, as the Alternate, also could not attend. Councilman Camphouse stated that he would try to attend. Mayor Balser read a communication from the American Legion Post offer- ing as a gift a 50 star American Flag for the new Arcadia Library. He then submitted said communication to Councilman Camphouse for discussion with the Library Board and later with the Council. Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the Council indicate its support of the League of California Cities' sponsored Bills, Senate Bill 1031, Senator Miller's Bill on restoring the doctrine of governmental immunity regarding municipal liability, and Senate Bill 1522 and Assembly Bill 2848, regarding cities withdrawal from recreation districts. Mayor Balser distributed to the Council the new schedule of vacancies on Boards and Commissions of the City. At 11:07 P.M. Mayor Balser declared the meeting adjourned. CHRISTINE VAN MAANEN, City Clerk By: 1 L. ATTEST: ~j 12. 5-16-61