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HomeMy WebLinkAboutJANUARY 17,1961 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (12-20-60 12- 28-60 1-3-61) 5232 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 17, 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., January 17, 1961. The Invocation was offered by Rev. Willard C. Dorsey, Pastor of the Arcadia Christian Church. Mayor Camphouse led in the pledge of allegiance to the flag. PRESENT: ABSENT : Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse None Motion by Councilman Balser, seconded by Councilman Phillips and carried unanimously, with the exception of Councilman Butterworth who abstained from voting as to the minutes of the Regular Adjourned Meeting of December 28, 1960 because of his absence from said meeting, that the minutes of the Regular Meeting of December 20, 1960, the Regular Adjourned Meeting of December 28, 1960 and the Regular Meeting of January 3, 1961 as submitted in writing be approved. Mayor Camphouse announced that this hearing had been called for the purpose of considering the recommendation of the Planning Commission contained in its Resolution No. 399 as to M-l zoning classification that should be made applicable to certain uninhabited territory contiguous and adjacent to the City limits of Arcadia and situated near the south- easterly portion of the City, generally described as two lots having a r1.- rt/L ofrontage of 71 feet and a depth of 267.65 feet, located on the west side ~ 17 Dof WeIland Avenue, Temple City. lNDEXETL -rhe City Manager explained that this involves Lots 4 and 5 of Tract No. 10260, owned by Superior Concrete Block and Building Company, the owners also of the property in the City of Arcadia immediately adjacent to these two lots; that said company's operations cover the lots in question and they are desirous of having all their properties in one governmental jurisdiction; that Temple City consented to the detachment and subsequent annexation to the City of Arcadia. HEARING (Annexation No. 22 re Zoning) I Mayor Camphouse then declared the hearing open and inquired if there was anyone who wished to speak in opposition to the recommended M-l zoning of the property in question. The following persons addressed the Council: William De Benedit, 5529 N. WeIland Avenue, Temple City, presented to the City Clerk a petition with 25 signatures protesting the rezoning of the two subject lots from A-I to M-l. He then stated in part that he owned co~siderable property in the area and felt that M-l zoning on the lots ip question would depreciate the value of his property; that he was not opposed to the annexation of the lots to the City of Arcadia. He suggested that as an alternative a variance be granted to the owners of the property and that he would favor R-3 zoning on the lots to act as a buffer zone. 1. 1-17-61 5233 (Hearing - Annexation No. 22 re Zoning - Continued) rj. ;-; 'f 't, -.J lNDEXED Mr. F. Van sandt, 5623 WeIland Avenue, Temple City, stated in part that he felt M-l zoning would depreciate his property and that he would prefer R-3 zoning, adding that he does not oppose the annexation. Mr. Lee A. Voyles stated in part that he has resided for 15 years at 5609 N. WeIland Avenue, Temple City and that he felt M-l zoning would depreciate his property, which is three lots from the property proposed to be rezoned. He mentioned that at the present time a request is pending before the Temple City Council for R-3 zoning in his area; also that a hospital is contemplated being built across the street. He added that he is opposed to the annexation of the subject property to the City of Arcadia, I Mr. Donald W. Isler, 5508 WeIland Avenue, Temple City, stated in part that he opposed the rezoning, inasmuch as this will be M-l zoning adjacent to residential property; that the truck traffic on this road is undesirable; that the increasing of the business of the applicant will increase the hazards of the residents. That if the pending R-3 zone request is granted improvements of the street will be necessary and that he felt the residents were entitled to protection for that reason. In answer to Councilman Butterworth's query of Mr.voyJes as to whether the parcel proposed to be annexed already has an "M" use, Mr. Vo.yJes replied that it had, adding that he felt the owner of the subject property could operate his business under a variance or special use permit which would not allow him'to sell the property for occupancy by an ,undesirable business, which could occur under the City's "M" zone. No one else desiring to be heard in opposition to the requested rezoning, and at Mayor camphouse's inquiry as to whether anyone desired to be heard in favor of the rezoning, Mr, Homer Shirley, President of Superior Concrete Block & Building Supply Co. and owner of the subject lots, addressed the Council, stating in part that in order to correct any misunderstanding, he had no intention of entering into any manufacturing that would be detrimental to the neighborhood; that he merely desired a reclassification of the zoning on the two lots, which are part of a parcel of land consisting of five lots, three of which were annexed to Arcadia from Temple City, the remaining two having inadvertently been excluded from such annexation. He added that at one time the parcel was zoned M-l which the County changed to C-3 with a variance. Mr, Shirley continued that at the present time there is a building on the property 290 feet long, the walls being 12 feet high, of concrete blocks, fire proof and sound proof. To Councilman Reibold's question as to whether a variance which permitted his present operation but would not be necessarily restricted to his ownership would meet his requirements, Mr. Shirley replied that he preferred an M-l zoning to conform with the rest of his property; also that he believed the City required M-l zoning for building materials. I No one else desiring to be heard Councilman Butterworth moved that the hearing be closed. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None A general discussion then ensued. Councilman Butterworth stated in part that he would like to personally view the area before coming to a decision; that offhand his observation would be that the applicant have M-l zoning on the front three north lots and a variance on the two subject lots. 2. 1-17-61 (Hearing - Annexation No. 22 re Zoning - Continued) I 5234 Councilman Phillips stated in substance that he had no desire to push a decision at this time but that the staff has practically assured the Council of the exact status of the lots; that the owner has stated that there is a building covering both of the two lots which has been there for several years; and that the property both east and west of the subject lots is now in Temple City and subject to their jurisdiction. Mr. Ervin H. Golisch, Planning Commission's liaison with the Council, stated in part that there had been considerable discussion on the subject matter at the Planning Commission meetings but that none of the protestants had been present; that the facts brought out before the Planning Commission were basically the same as stated at this hearing, in that the subject business is presently in an M-l zone and the request for zoning and annexation is only by reason of the two lots in question having been inadvertently excluded from the original petition; that had they been included they would have been zoned M-l, The City Attorney stated in substance that the omission of the two subject lots was inadvertent at the time the boundary description of Annexation No, 19 was prepared, He added that Council is not obliged to arrive at a decision at this meeting but that concurrent with this hearing the protest hearing was set by the resolution instituting the annexation proceedings and that as a matter of practice in all previous annexations the Council has completed its determination as to zoning prior to the passage of the time in which property owners may file written protests; that written protests to be binding must be filed with the City prior to the time fixed for the hearing of protests, Councilman Balser stated that he had recently personally viewed the property in question; that in effect all the Council would be granting would be the zoning under which the company is presently operating and which would have been granted if the two lots had been included in the original annexation. Councilman Balser then moved that the Council accept the recommendation of the Planning Commission as contained in its Resolution No, 399 and that the land included in proposed Annexation No. 22 be placed in Zone M-l if it is annexed to the City. Councilman Phillips seconded the , . motion which was carried on roll call vote as follows: I HEARING :'(Annexation No. 22 South ,Arcadia Uninhab ited) AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor Camphouse declared that this is the time and place fixed by Resolution No, 3328 to hear and consider any protests which may have been filed with respect to the annexation of the territory designated as Annexation No. 22 South Arcadia (Uninhabited) by owners of property within the territory described in said Resolution No. 3328. The City Clerk stated that she had on file affidavits of publication and mailing, and that no written protests by owners of property had been received, ~ 'jj'~ No written protests having been 'filed, Councilman Reibold moved that the j, hearing be closed, Councilman Balser seconded the motion which was INDEXEDcarried unanimously. Mayor Camphouse stated that the ordinance covering the above determination would be presented later in the evening. 3, 1-17-61 5235 HEARING (Zoning Peck Roa<1 property) J7~1 INDEXED HEARING (Lighting Maintenance District No. 15) t { - :-1 (. , .INDEXED HEARING ,(Lighting Maintenance District No. 16) J- '/ ~U [INDEXED Mayor Camphouse declared the hearing open on the matter of the proposed classification of certain property owned by the City abutting the west' side of Peck Road southerly from the Rio Hondo channel; that an agree- ment for the sale of said property or a portion thereof is about to be executed by the City and one of the conditions of the sale of said property is that it shall be zoned, developed and used for industrial purpose; and that the Planning Commission by Resolution No. 398 recommends that the property lying west of Peck Road and South of Live Oak Avenue, more fully described in' said Resolution No. 398, be placed in Zones M-l and D (Architectural oVerlay), and inquired if anyone desired to be heard concerning such proposed classification., I No one desiring to be heard and no written protests having been received, Councilman Phillips moved that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Councilman Phillips further moved that the Council accept the recommen- dation of the Planning Commission as contained in its Resolution No. 398 and authorize the placing of the city-owned land on the west side of Peck Road, more fully described in said Resolution No. 398, in Zones M-l and D, and that the conditions be made applicable under Zone D. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor Camphouse announced that this is the time and place fixed by Resolution of Intention No. 3332 for the hearing of any protests or objections to the formation of Lighting Maintenance District No. 15 and upon opening said hearing inquired if anyone in the audience desired to be heard. The Director of Public Works commented that these proceedings are routine at this time of year in order to place new subdivisions created during the past year into appropriate lighting maintenance districts and to combine into one district such preexisting districts that may have expired or will expire in the near future. That this being a residential area the ratio of maintenance and operation cost and expense of said system is shared equally between the residents of the district and the City. No one desiring to be heard and the City Clerk having received no written protests, Councilman Butterworth moved that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Councilman Balser then moved that Lighting Maintenance District No. 15 be ordered formed as contemplated by Resolution No. 3332. Councilman Butterworth seconded the motion which was carried unanimously. I Mayor Camphouse announced that this is the time and place fixed by Resolution of Intention No. 3333 for the hearing of any protests or objections to the formation of Lighting Maintenance District No. 16, and upon opening said hearing inquired if anyone in the audience desired to be heard. The City Attorney commented that the proceedings in this proposed district are identical to those in District No. 15 with the exception that District No. 16 covers a commercial aDaa and the ratio of maintenance and operation cost and expense of the system is paid 407. by the City and 607. by the owners of the property. 4. 1-17-61 (Hearing - Lighting Main. DiStr,;..116) , '. . ';'. ,I,:. 5236 No one desiring to be heard and the City Clerk having received protests, Councilman Reibold moved t4at the hearing be closed. seconded by Councilman Phillips and carried unanimously. no written Motion Mayor Camphouse declared the hearing open on the application of Ralph A. Thorsen, doing business as Best Disposal Company, 917 South Magnolia Avenue, Monrovia, California, for a business permit to allow commercial rubbish hauling, and inquired if anyone desired to be heard regarding :177 () the matter. HEARING (Thorsen) I INDEXED HEARING (Toscano) f1 INDEXED I No one desiring to be heard Councilman Phillips moved that the hearing be closed. Councilman Butterworth seconded the motion which was carried unanimously. Councilman Phillips further moved that Council approve the application of Ralph A. Thorsen, doing business as Best Disposal Company, 917 South Magnolia Avenue, Monrovia, California, and authorize the issuance of a business permit to said applicant to allow commercial rubbish hauling, Motion seconded by Councilman Reibold and carried unanimously. Mayor Camphouse declared the hearing open on the application of John Toscano, 8616 Edmond Drive, Rosemead, California, for a business permit to operate a taxicab service within the City. The City Manager advised that prior to 1955 and during the year 1956-57 the applicant did have a taxicab license in the City restricted to the racing season; that at the Council meeting of January 2, 1957 the Council denied the application on the basis that there was no justification for nor need of additional cab service; also that this application differs from prior applications in that applicant now contemplates 24 hour service with two cabs on a year round basis rather than being restricted to the racing season, To Mayor Camphouse's inquiry as to whether anyone in the audience desired to speak, the applicant addressed the Council and advised in part that his basic reason for desiring a permit at this time is that he has a few elderly customers who come into Arcadia and like to be brought back by the same driver; also that he is licensed in Temple City, San Gabriel and Rosemead to operate a taxicab service, having been licensed in Rosemead for 15 years. Mr. LeMoyne Bailey, owner and operator of the Arcadia-Monrovia valley Cab Co. addressed the Council and questioned the establishment of public need or necessity in this case, upon which basis the Council denied the applicant's application two years ago. He also mentioned that he thought the color scheme of applicant's cabs were so similar to his cabs that there might be a tendency to deceive the public. He also inquired as to whether applicant's rates would be the same as those established by the City. Councilman Butterworth moved that the police and staff reports on the applicant be made a part of the proceeding. Councilman Reibold seconded the motion which was carried unanimous ly. No one else desiring to be heard Councilman Balser moved that the hearing be closed. Motion seconded by Councilman Butterworth and carried unanimously. Councilman Butterworth moved that, based upon the police report on the applicant, which indicates an unusual number of citations and convictions for violations of various provisions of the Vehicle Code, and upon the failure of any showing of public need or necessity, and in the best interests of the people of this community, the application of John Toscano for a business permit to operate a taxicab service within the City of Arcadia be denied, Motion seconded by Councilman Phillips and 5. 1-17-61 5237 . , (Hearing - Toscano - Continued) ZONE VARIANCE (Shumaker) i/ (p ? t./ " { INDEXED POLICY RE ANNEXATIONS AND SOUTH ARCADIA ANNEXAT ION cz: ~~~ ~ cP~ INDEXED carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommen- dation of the Planning Commission as contained in its Resolution No, 401, and authorize the granting of a zone variance to G. M. Shumaker to permit the use as a public parking' lot of property at 652 Fairview Avenue, Arcadia: I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Planning Commission recommendation regarding South Arcadia Annexation. The City Clerk advised that a communication has been received from the Secretary of the Citizen's Group of the subject area requesting permis- sion to address the Council. Mayor camphouse advised that an opportunity would be afforded those desiring to be heard after the Council discussed policy pertaining to annexations. Councilman Reibold stated in part that several meetings ago it was suggested that the Council meet as a Committee of the Whole to discuss the possibility of reviewing and reevaluating policy relative to annexations; that said meeting had been held although not all of the Councilmen were present; that some tentative ideas were propounded and that he had prepared the following statement of policy for consideration of the Council: "The City Council of the City of Arcadia recognizes that its primary responsibility is for the welfare of those people who live and/or own property in the City of Arcadia, The City Council in the discharge of its responsibility believes the following with respect to annexation of territory: "1. The welfare of the City is not necessarily bettered by Arcadia becoming larger in area or in population, "2. In the consideration of any annexation prime importance must be placed on the effect any proposed annexation will have presently or in the future on the people and/or property now located within the City limits, Furthermore any annexation which does not materially benefit the territory or property owners of the City of Arcadia should be discouraged. "3, Significant sections of major thoroughfares do not make good city boundaries because 'their 'juriSdiC ti0l1;; is ',divided- -between- :two' -political subdivisions. I "4. While the general welfare is of importance the desires of annexing people and/or the effect of the annexation upon their properties must remain subordinate to our primary responsibility, The City Council in establishing this policy with respect to the annexation of territory to the City of Arcadia reserves for itself discretionary power for any particular annexation." Lengthy discussi~n was held with Councilman Phillips suggesting that the following clause be added: "Consideration should be given beyond recognized boundary criterea of the effect upon Arcadia of the possibility of impossible development of small unincorporated islands left dangling between other incorporated areas." 6. 1-17-61 I I 5238 (Policy re Annexations - Continued) Further discussion was held regarding areas proposed to be annexed being compatible and that consideration should be given to service needs, water consumption and schools. Councilman Balser felt that all areas in County territory should be annexed by some city and stated in part that he would be in favor of Councilman Phillips' amendment suggestion. Councilman Butterworth stated in part that he was the Councilman who was not present at the aforesaid meeting; that he commended Councilman Reibold on his statement of policy and believed that in principle it is good; also that he agreed with Councilman Phillips' amendment in connection with paragraph 2 of the statement. Referring to the annexation to be discussed at this meeting, he stated in part that the City had previously annexed the lucrative business district portion of the subject area. He then referred to and read a portion of the report from the City Manager wherein reference was made to the area in question being in County territory which could develop or decline to a point where it could have an adverse effect on Arcadia, and stated further in substance that he would not be willing to adopt a verbatim statement of policy at this particular time. Councilman Reibold stated in part that in his opinion the amendment proposed by Councilman Phillips did not conflict with his statement of policy. That he likened the City of Arcadia as a corporation and himself as a Director and that he felt compelled to represent its selfish financial interests in the best manner possible, That in his opinion material benefit to the City should be of prime consideration. That with regard to the annexation request, some determination must be reached but that a policy should first be established; that in this regard he had referred to the Council minutes of the past and had written his findings as set forth in his statement. To Councilman Butterworth's query as to whether or not he agreed with the City Manager's report he answered in the negative, Mayor camphouse stated in part that he subscribed to the policy statement of Councilman Reibold but would suggest a change in some of the wording and preferred giving consideration to various points which had been discussed. The consensus of the Council being that a policy should be adopted and that the statement of policy as read by Councilman Reibold is a start in that direction, Councilman Balser moved that Councilman 'ReiboitClLJl statement of policy as amended by Councilman Phillips be adopted by the Council in principle. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: CounCilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None g Mr. L. Halden Wentworth, Manager of the Arcadia Chamber of Commerce, addressed the Council, stating in part that he commended the Council on the start made in the adoption of the statement of policy pertain- ing to annexations; that the Chamber of Commerce would like an opportunity to study the South Arcadia annexation area prior to any J';I .:J decision by the Council. Mayor Camphouse expressed appreciation for / tithe interest of the Chamber of Commerce. INDEXED , Mr. Harry L. Conover, 5545 Florinda, Arcadia, addressed the Council, stating in part that in the opinion of the citizens group he represented; the area desiring annexation logically belongs to Arcadia; that its postal address is Arcadia, its residents belong to Arcadia organizations, shop in Arcadia and help support the community; that their property is maintained on a par with Arcadia. He also referred to the annexation 7. 1-17-61 5239 (Policy re Annexations - Continued) RECESS TRACT No, 24144 (Tentative) 1- ;j" o . Jl TRACT No. 26345 (Tentative) 377/ INDEXED ARCADIA GOLF COMPANY (Beer) I, -/~' I CCNnEXED of the business frontage on the south side of Live Oak Avenue, which the area residents had endorsed; however, that had they known at the time that their property might not be considered for annexation that they would have endeavored to make the annexation of their area a consideration of the annexation of the business section. He added that the area does not want to become part of the City of El Monte or Temple City as they feel they belong to Arcadia, and that a request is being made for permission to circulate a petition to institute annexation proceedings. Mayor Camphouse thanked Mr. Conover for his presentation. Councilman Phillips suggested that in deference to the request of the Chamber of Commerce for time within which to study the matter, and to those present who might wish to speak further on the subject, the 'I Council consider placing the annexation request on a future agenda. This suggestion meeting with the approval of the Council, Councilman Reibold moved that further discussion be deferred until receipt of a report from the Chamber of Commerce. Motion seconded by Councilman Balser and carried unanimously. Mayor camphouse assured those interested that sufficient publicity would be given when the matter will again appear on agenda. Mayor Camphouse declared a recess at 9:40 P.M. The Council meeting reconvened at 9:50 P.M. Motion by Councilman Balser, seconded by Councilman Reibold and carried unanimously that Council accept the recommendation of the Planning Commission and amend its approval of November 1, 1960 of tentative map of Tract No. 24144 to allow the dwelling on lot 2 to be moved rather than removed and the rumpus room on lot 2 removed, all of the moved buildings to meet all the requirements of the Building Code and the Zoning Ordinance, Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the Council accept the recommendation of the Planning Commission and grant approval of tentative map of Tract No, 26345, located on the west side of Peck Road south of the Rio Hondo channel, containing 25 lots, subject to improvements being installed as specified in the agreement of sale between the City and Arcadia Industries, Incorporated, this being a subdivision of land owned by the City of Arcadia, for which an agreement of sale to said Arcadia Industries, Incorporated has been approved: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Mayor camphouse read in its entirety a communication dated January 17, I 1961 from the Arcadia Golf Company which in substance stated that they were withdrawing their request for the present for an amendment to their lease with the City to permit them to make application for an on-sale beer license, this being due to the large number of protests received regarding the sale of beer at the golf course, That ultimately their success depends upon their general acceptance by the community and there- fore they intend to explore other possibilities in an effort to make the golf course pay its own way, It was the consensus of the Council that this willingness of the lessee to cooperate was commendable and in turn the lessee was assured that the City would make every effort to assist them, such as the installation of signs in order to more clearly point out the location of the golf course. 8, 1-17-61 (Arcadia Golf Co. - Continued) I CALL FOR BIDS (Fire Alarm System) IND&iEb CALL FOR BIDS (Removal of Texaco Station at Library Site) IND6XEI> 5240 Councilman Phillips then moved that the Council accede to the wishes of the Arcadia Golf Company and that no further action be taken to amend the lease of November 18, 1957 between said lessee and the City. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABStNT: None Councilman Reibold commented that he would have changed his vote on the . granting of this request had he been aware of the strong feeling of protest. Motion by Councilman Phillips, seconded by Councilman Butterworth and carried on roll call vote as follows that the Council accept the recommen- dation of the City Manager and the Director of Public Works; that the plans and specifications for the installation of pedestals, conduit and pull boxes for the proposed fire alarm system for 11 stations located in the immediate vicinity of school buildings located in,Arcadia, be approved as submitted, and that the City Clerk be authorized to call for bids for such work in conformance with said specifications, $7000.00 having been provided toward the financing of this project in the 1960-61 Capital Project budget; said bids to be received on February 6, 1961 at 11:00 o'clock A.M.: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSl!:NT : None Motion by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the removal of the Texaco Service Station from the southwest corner of Santa Anita Avenue and Duarte Road be approved as sub~itted, and that the City Clerk be authorized to call for bids for such work in conformance with said specifications, to be received on February 6, 1961 at ~1:00 o'clock A.M.: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None SYCAMORE Motion by Councilman Butterworth, seconded by Councilman Phillips and BRIDGE & carried unanimously that the Council accept the recommendation of the City EQUESTRIAN Manager and the Director of Public Works and approve the plans and TUNNEL specifications for the construction of the bridge and equestrian tunnel (ApprovaE on sycamore Avenue at the Santa Anita Wash and that the City Clerk be of Plana & authorized to advertise for bids to be received on a date to be set by the IspeCificationS)Director of Public Works, said project to be financed from the Capital -t Projects fund. It was stated by the Director of Public Works that it is ~ 3~~ contemplated that the construction of the above project will be ready by aNDExicrptember, 1961. CAPITAL The City Manager submitted to the Council the report of the Capital PROJECTS projects Committee, and Councilman Reibold, as Chairman of said Committee, COMMITTEE: advised that the Water Board had approved the water section of said report; REPORT . ' also that contained in the report were such items as the proposed heliport, .~;t~.~dthe lighting of the ball diamond, the lighting of the tennis court at the ~AA_ high school and the Chamber of Commerce office building upon which the ,~{"" committee felt the Council should decide. fh1' ~. rll'iD:t;XED 9. 1-17-61 5241 (Capital Projects Committee Report) PURCHASE OF EQUIPMENT (Lathe) tf, ~rz-J5+ INDEXED. LICENSE FEES (Apartments, etc.) J,~ '~ aNDEXED PECK ROAD WATER TRANSMISSION MAIN ,..t, U 7 "f)) trNDEXEIJ The City Manager commented that each iridividual'project as it arises,: must, of course, come back to the Council for approval of plans and"' : specifications as well as appropriation of funds; that the capital'; '" projects program"'is solely a guide for development in stages and to permit the Engineering and Water Departments to schedule their work, as well as an indication to the Council and to the citizens of the community of the program contemplated for the next five years. Councilman Butterworth inquired if the Committee had given any thought to the possibility of submitting any portion of the report to the " electorate and to Councilman Reibold's reply in the negative, Councilman Butterworth continued in part that although he did not advocate matters pertaining to the health and safety of the community being submitted to I the electorate he did feel that certain projects contained in the report, , specifically items 3, 5, 14, 24, 33 and 46, pertaining to beautification, (except item 46 pertaining to a parksite), and items 23 and 38 pertaining to Wilderness park, totalling $3~9,OOO, which he personally favored, should be submitted to the people for their approval or disapproval. After further discussion in this vein by the Council, Councilman Butterworth moved that the report of the capital projects Committee be accepted and approved and that this Council extend to the entire committee (including the Chamber of Commerce) and the staff appreciation for a splendid job on a very difficult subject. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Councilman Butterworth further moved that items 3, 5, 14, 24, 33, 46, 23 and 38, totalling $3~9,OOO be submitted to the vote of the people for their approval or disapproval to the end that the Council can be responsive to the will of the people in the expenditure of public money. There being no second the motion died. Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the Director of Public Works and authorize the transfer of $1200 from the Council Contingency fund to the Equipment Division Capital Equipment Account No. 434 - 54 to cover the purchase of a metal lathe (9' bed - 18" swing) for use in the City garage: AYES: Councilmen Balser, Butterworth, Reibold. Phillips, Camphouse NOES: None ABSENT: None The City Manager advised that a review of the schedule of fees for bUSineSI licenses for apartment houses, bungalow courts and motels reveals certain inequities in that an owner of four or five units pays the same fee as an owner of twenty to thirty or more units. He then submitted the results of a survey made of the surrounding area as to fees to the Council, Whereupon Councilman'Balser moved that the Council accept the recommen- dation of the City Manager and request that the City Manager and the Business License Officer prepare for the Council a new suggested fee schedule. Councilman Reibold seconded the motion which was carried unanimously. .:J , .. The City Manager advised that his office has authorized the Engineering firm of Perl iter and Soring to proceed with plans and specifications for the construction of a water transmission main from the Longden well site to Lot 1 of Tract No. 26345 located on Peck Road. 10. 1-17-61 (Peck Road Water Transmission Main) I PROPOSED WATER ORDINANCE (k.~ ~ " 5242 He explained that under date of October 4, 1960 the Council had authorized an agreement for engineering services between the City and said engineering firm for work to be performed for the Water Department; that while such agreement is not exclusive, it does provide for any work when the City has given written notice to proceed on any individual project; that at the ,time the agreement was executed the only work authorized was for the reservoir to be located at Orange Grove and Baldwin Avenue, The City Manager:continued that there is presently a great urgency for the construction of a water transmission main from the Longden well site to the property sold by the City to Arcadia Industries and while all engineering work on said properties will be performed by City forces or under their direction, they will be unable to produce the plans and specifications for the subject transmission main in time to serve the area. Whereupon Councilman Phillips moved that the Council approve and ratify the action of the City Manager in authorizing Perl iter and Soring Engineers to proceed with plans and specifications for the construction of a water transmission main from the Longden well site to Lot 1 of Tract No. 26345 located on Peck Road. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Manager presented to the Council for review and consideration a proposed Water Ordinance developed primarily by the Water Superintendent, stating that subsequent thereto a meeting of the Council and the City Attorney could be arranged and suggestions made. He added that among the changes made in operational procedure are the elimination of penalties on delinquent water bills, the establishing of a rate for consumers outside the corporate limits of the City at a rate of 150% of the rate existing from time to time within the City, and several others, Councilman Reibold suggested that the following points be considered in NDEXED. the review of the subject ordinance, to wit: I , Section .7510.2 the words "absorb heat" be substituted for "extract temperature", Section 7560.1 re deposits: Clarify that this does not include owners, Section 7570.1: Reconsideration to be given - it provides that where a person has more than one service delinquent on one all of them can be turned off. Section 7570.4: Thought to be given as to the amount of deposit required when a consumer feels that his meter is defective. Section 7570~7: The use of the word "shall" makes it mandatory, Section 7580,1 relative to wasting water, provides that any person who $ees any person wasting water shall immediately notify the department of such fact, which literally means that he will be in violation of the ordinance if he does not, and this should be different. Mayor camphouse ordered the matter taken under advisement and study, the City Attorney presented, explained the content and read the title of Resolution No, 3340, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PORTION OF LOS ANGELES COUNTY 'rr-'1~,:-CONSOLIDATED FIRE PROTECTION DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA S ~ - llY REASON OF ANNEXATION NO. 20, SOUTHEAST ARCADIA (UNINHABITED) WITHDRAWN FROM SUCH DISTRICT." INDEXEU RESOLUTION No. 3340 11, 1-17-61 5243 (Resolution No. 3340 - Continued) RESOLUTION No. 3342 ,/- -; ; .... , INDEXED RESOLUTION No. 3343 1 7 G 0- trNDExED 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. 3340 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ' ABSENT: None Councilman Phillips further moved that Resolution No. 3340 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None I The City Attorney presented, explained the content and read the title of Resolution No. 3342, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING EXCLUSION FROM THE UNIFIED SEWER MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT PORTION OF SAID DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF ANNEXATION NO. 20, SOUTHEAST ARCADIA (UNINHABITED)." Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3342 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Councilman Balser further moved that Resolution No, 3342 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No, 3343, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS 'LIGHTING MAINTENANCE DISTRICT NO. 15' TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CORNELL DRIVE, WINDSOR ROAD, NEWMAN AVENUE, SUNSET BOULEVARD, HUNGATE LANE, GREENFIELD AVENUE, SIERRA MADRE BOULEVARD, SOUTRVIEW ROAD, SECOND AVENUE, OAKWOOD AVENUE, NAOMI AVENUE, THIRD AVE~E, WILSON AVENUE, NORMAN AVENUE, LEDA LANE, ELEVADO AVENUE, MELANIE LANE, FOURTH AVENUE, GRAND VIEW AVENUE, SHARON ROAD, FIFTH AVENUE, OAKS PLACE, WISTARIA AVENUE, PEACHTREE LANE, WHITE OAK DRIVE, HOLLY AVENUE, ROBBINS DRIVE, ELKINS PLACE, ROSEMARIE DRIVE, COYLE AVENUE, CANYON ROAD, DUARTE ROAD, EIGHTH AVENUE, CAROLWOOD DRIVE, LYNDON WAY, DOOLITTLE AVENUE, VISTA AVENUE, MAGNA VISTA AVENUE, TULIP LANE, HIGHLAND VISTA DRIVE, FAIRVIEW AVENUE, TENTH AVENUE, ANGELO PLACE, AZURE WAY, NINTH AVENUE, HILLGREEN PLACE, SANTA ANITA TERRACE, ENCINO AVENUE, MARILYN PLACE, SANTA ANITA AVENUE, CAMINO GROVE AVENUE, TOPAZ PLACE, CAMINO REAL AVENUE, SIXTH AVENUE, RODEO ROAD, BIRCHCROFT STREET, BUNGALoW PLACE, ORANGEWOOD LANE, LEE AVENUE, LOGANRITA AVENUE, ANITA CREST DRIVE, LONGDEN AVENUE, MAGNOLIA LANE, ANDREA LANE, WINNIE WAY, OAKWOOD DRIVE, CHANTRY DRIVE, GRACE AVENUE, HIGHLAND OAKS DRIVE, STONE ROUSE ROAD, LOUISE AVENUE, WOODLAND AVENUE, WATSON DRIVE, ORANGE GROVE AVENUE, ORLANDO DRIVE, LA SIERRA DRIVE, ONTARE ROAD, COLORADO STREET, ILENE DRIVE, MARENDALE LANE, SAN CARLOS ROAD, ALTERN STREET, YORKSHIRE DRIVE, MERRY OAK LANE, PAMELA RO~,VIRGINIA DRIVE AND SANTA MARIA ROAD IN SAID CITY." I Motion by Councilman Reibold, seconded by Councilman on roll call vote as follows that the reading of the Resolution No. 3343 be waived: Phillips and carried full body of 12. 1-17-61 I I (Resolution No. 3343 - Continued) RESOLUTION No, 3344 rL ,-:' " 5 ;' ~~) INDEXED RESOLUTION No, 3345 g (g 71 tINDEXED ORDINANCE No. 1117 (Introduced) 5244 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. 3343 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3343 be adopted. Motion seconded by Councilman Phillips'and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3344, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS 'LIGHTING MAINTENANCE DISTRICT NO, 16' TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF BALDWIN AVENUE, ALLEY EAST OF BALDWIN AVENUE, DUARTE ROAD, HUNTINGTON DRIVE, NAOMI AVENUE, MORLAN PLACE, SANTA ANITA AVENUE AND SUNSET BOULEVARD IN SAID CITY," 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. 3344 be waived; AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Butterworth further moved that Resolution No. 3344 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No, 3345, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE USE OF PROPERTY AT 652 FAIRVIEW AVENUE AS A PUBLIC PARKING LOT UPON SPECIFIED CONDITIONS ," 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. 3345 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3345 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1117, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO. 3328 ADOPTED BY 13. 1-17-61 5245 (Ordinance No. 1117 Continued) ORDINANCE No. 1118 (Introduced) ORDINANCE No. 1119 (Introduced) REFUND (Stark) .:J7~l lINDEXED SAID CITY COUNCIL ON NOVEMBER 6, 1960, AND DESIGNATED THEREIN AS 'ANNEXATION NO. 22, SOUTH ARCADIA (UNINHABITED). ", Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1117 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Balser further moved that 'Ordinance No. lll7 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1118, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING THE REAL PROPERTY WITHIN THE LIMITS OF PROPOSED ANNEXATION NO. 22, SOUTH ARCAD IA (UNINHAB ITED) IN ZONE M-l," Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1118 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No, 1118 be introduced, Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1119, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF ARCADIA, CALIFORNIA ESTABLISHING CERTAIN CITY-OWNED REAL PROPERTY WEST OF PECK ROAD IN ZONES M-l.AND D (ARCHITECTURAL OVERLAY)." Motion by Councilman Balser seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1119 be waived: I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Councilman Balser further moved that Ordinance No. 1119 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None Councilman Balser moved that the Mayor and City Clerk be authorized to refund the sum of $12.25 to Harry M. Stark, 5663 Muscatel, San Gabriel, California, representing Stark & Son's Carnival Company, being the unused portion of the investigation fee deposited in connection with 14, 1-17-61 (Refund - Stark - Continued) BUSINESS PERMIT RENEWALS I ~ i " I COUNTY" BOUNDARY COMMISSION 5246 his application for a business permit. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse' NOES: None ABSENT: None Motion by Councilman Phillips, seconded by Councilman Reibold and carried " on roll call vote as follows that the Council approve the following applications for renewal of business license permits, and that the provisions of Section 6313.1 and 6313,2 of the Arcadia Municipal Code applicable to previously licensed businesses be waived: g. ~ I ARCADIA Non-Profit Nursery School 1 &/"" BARD Distributing Co, . j '/lCORBETT, Margaret 7J'7DUNNE, Robert E, ;;.....EMBREE BUSES (,I,~FOREST Lawn Memorial Park (,.5 GREANEY , Eugene , iy~HAMLIN, Lester q~'HILLHAVEN Convalescent Hospital &~>HOUGH Private Patrol Service t:',JACOBSEN, A. ~~METHODIST Hospital women's Auxiliary 'i.J:"l RECTOR , Lillian {,t,2,ROSE HILLS Memorial Park Assn. qo ROSSI, v. r.iSSMITH, Norman D. , z ., ~ ., &/" STEVENS, G. B. 3(STEVENS, Dorothy 1117 WALKER, William ,and Arabelle dba Tune Time ' 31lbWOLKOFF, Meyer 1511 So. Tenth Ave, Amusement games. Solicitation (Real Silk Products), Amusement games. Charter and school bus service. Solicitation of service. Amusement games, 'Solicitation (Fuller Brush products). 464 West Huntington Drive 1009 S. 5th St., Alhambra Amusement games. Gift Shop. Solicitation (Childcraft books). Solicitation of services. Amusement games. Second hand furniture and appliances. 164 W. Live Oak Ave. Amusement games, Nursery school at 530 West Las Tunas Drive Amusement games. Second-hand clothing store, 654 W. Huntington Drive. AYES: Councilmen Balser, Butte;worth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor camphouse stated that for the record he wished it noted that he disapproved the permit renewal for Norman D. Smith and Meyer Wolkoff, , . Mayor Camphouse ordered filed notice from the County Boundary Commission that the City of El Monte has filed annexation proposal No, 249 since it has no effect upon the City of Arcadia, AUDIENCE PARTICIPATION I Mr. Max Rumbaugh, 205 Palm Drive, representing the Arcadia Council of Protestant Churches, addressed the Council with reference to the conclusion of the matter of beer being sold at the Par-3 Golf Course, which he stated was a satisfactory conclusion, He complimented the Council's judgment arid stated that in his opinion the people's voice INDEXEDis raised only when they feel a change of policy is indicated. (Rumbaugh) (Johnson) 9-/3/ f/sf jVsf' Mr. Del Johnson, 250 W, Camino Real, addressed the Council and stated in substance that he agreed with Councilman Butterworth's motion which died for lack of a second, that certain capital projects should be placed before the electorate; that money for such projects belongs to the people and they should have some voice in how the money is spent and to deny them this opportunity is in his opinion circumventing a necessary and due process of this City's type of government. *** 15, 1-17-61 5247 ZONING N 0P " , ' Nsf' ADVERTISING MATERIAL a', Pi'. cf e- INDEXED APPROVAL OF AUDITORS · STATEMENTS (Lybrand, Ross Bros. & Montgomery) 130 I lNDEXED COMPLETION OF WORK (Arcadia Avenue Opening) .:1 1/ i- w> " ~'J f..... I 1 i I -' tI:NDEXED LIVE OAK AVENUE IMPROVEMENT (Curbs & Gutters ) :J 7 73 til'lDEXF Planning Commissioner Golisch, liaison between the Planning Commission and the Council, advised that the Planning Commission is 'aware of the interest of the Council and the community regarding the proposed zone change on Duarte Road and that a conclusion is contemplated at the Planning Commission meeting of January 24, 1961. Councilman Butterworth, Council's liaison with the Planning Commission, stated that he had noted opposition to R-3-R zoning and suggested up- grading Zone R-3. He was advised that in order to remain fair to the property owners of land so zoned at the present time Zone R-3 had been upgraded as far as possible, Councilman Phillips suggested that it might be well to spell out zoning for certain specific streets for the future; that he did not think R-3-R serves its purpose when it is left as a general zoning which can be granted on certain locations. I Mayor Camphouse read in its entirety a communication dated January 16, 1961 from Mr. L. Halden Wentworth, Manager of the Arcadia Chamber of Commerce, commending past effective enforcement of Article VI, Chapter 4, Part 2, Division 1, Sections 6421 and 6421,2 of the Arcadia Municipal Code (Distrtbuting Advertising Matter Restricted and Required Statement) and assuring its continued support; also that the Chamber of Commerce urges the continued and even more stringent enforcement of these sections. Motion by Councilman Butterworth, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommen- dation of the City Manager and approve payment of the statements from Lybrand, Ross Bros. & Montgomery, auditors, one in the amount of $3000 covering their annual audit of the books and accounting records of the City for the fiscal year ending June 30, 1960 and the other in the amount of $500 covering examination of the accounting records of the improvement bonds trust fund covering the period 1959 through 1960, funds being provided therefor in Account No. 409-39: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the City Council approve the recommen- dation of the City Manager and the Director of Public Works and accept for maintenance the work of Crowell and Larson, Contractors, for the opening of Arcadia Avenue, and authorize final payment to be made in accordance with the contract with said firm for the work, and the bond released after the expiration of the required 35 days: AYES: Councilmen Balser, Butterworth, Reibold. Phillips, Camphouse NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Butterworth and I carried on roll call vote as follows that the Council accept the recommen dation of the City Manager and the Director of Public Works and authorize the Superintendent of Streets to give notice to the property owners of unimproved property on the north side of Live Oak Avenue between Las Tunas Drive and El Monte Avenue to construct curb and gutters in accordance with the provisions of Chapter 27 of the Improvement Act of 1911; inasmuch as 65% of the property has been improved with curbs and gutters and three property owners at the present time have not constructed such improvements: AYES: Councilmen Balser, Butterworth, Reibold, Phillips and camphouse NOES: None ABSENT: None 16. 1-17-61 ADVERTISING LITERATURE NSP TAX DISTRICTS N;,[? 5248 The City Attorney advised that the staff has been investigating the matter of advertising literature distributed during the past week, and stated that possibly additional ,legislation will be submitted to the Council for its consideration should circumstances so warrant, The City Attorney suggested that the Council consider adjourning this meeting for the purpose of taking any action that might be necessary prior to February 1, 1961 regarding the alteration of tax districts or code areas. WATER BOARD At the request of Councilman Reibold, the City Attorney was requested MEETINGS -ro_ by Mayor Camp house to prepare an ordinance authorizing the Water Board , ~: w~ to meet quarterly rather than monthly. WATERsHtWDEXEDIn compliance with his request, Mayor Camphouse was unanimously COMMISSION designated by the Council to represent the City of Arcadia as a member (CamphO\B e)v /, of the Los Angeles County Watershed Commission. a..'1N~ ' <4'"........ MAYOR aEDEv~"Mayor C~phouse reminded the Council that he would address the Arcadia (Speecn), ~.D Chamber of Commer'ce on the subject of the two Mayors' conferences he had attended, one in Los Angeles and the other in New York, his subject .. pertaining to the problems existing in Arcadia, and that this would , 0 suffice as his report to the Council, I MAYOR (Expenses) N, s. , Motion by Councilman Phillips, seconded by Councilman Baher,and 'carried , on roll call' vote as follows that the Council approve the expense statement ~ ' in the amount of $649.19 tendered by Mayor Camphouse in connection with , --'his attendance at the Mayors' Conference in New York: ., 'AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse , NOES: None - ,ABSENT: None Mayor Camphouse advised that he had personally replied to a communication addressed to him dated January 5, 1961 from Councilman Butterworth on the subject of work sessions of the Council, copies of which had been sent to the Council and others, and that the opinions expressed in his communi- cation were his own. He added that with regard to the suggestion of cb~ , some members of the Council that the City Attorney be requested to prepare ~~ a written opinion on the subject, that he felt such request should in due ~proc~ss:bemade by the Council, INDEXED A general discussion ensued, COUNCIL WORK SESSIONS , ,- , Councilman Reibold stated in substance that time being a problem, the Councilmen being engaged full time in their own private pursuits, these work sessions were held as a means of getting together and discussing with the staff problems that face the City; however, that since there is a conflict of viewpoint with respect to the Brown Act, that he had suggested to Mayor camphouse that the City Attorney render a written opinion on the matter in an effort to resolve the problem, He added that as far as he was concerned, there is no intent to break the law. Councilman Butterworth stated in part that he agreed that an opinion from the City Attorney is well indicated and that he would like to pose some questions of the City Attorney bearing directly upon the subject. He added in part that he was aware of the volume of work to be done and did not want to shirk his share of it, but that he could not understand why such work could not be done at adjourned or special meetings in the presence of the City Clerk, as provided by the City Charter. That he was of the opinion that the matter had previously been resolved, That he was sure there was no specific intent on the part of the Council to violate any provisions of the Government Code but that experience has proven to him that intent does not absolve one from the consequence of breaking a law. , :l 17, 1-17-61 5249 (Council Work Sessions - Continued) Councilman Phillips stated in part that the meetings in question were held for the purpose of 'acquainting the Council with matters relating to City Government; that although matters are discussed at great length at the Council table and with the Council audience there are some matters that cannot be discussed publicly, citing as an example the contents of a report read into the record that evening, and that it is to be presumed that none of the Councilmen want to violate the law; also that the evidence is not entirely on Councilman Butterworth's side and for that reason he agreed: that it would be well to have a written opinion from the City Attorney, , Councilman Balser:"s.tated that he too ,felt the City Attorney should submit to the Council his. written opinion on the matter. Ie, It was the consensus of the Council that the City Attorney prepare said written opinion. ,," .. 'J . ,(, I Ijlr-. : (~ :',.' . The City Attorney requested that,~ny~questi~ns the Council might ~ish included within the opinion be submitted to him in writing. He added that he would deaCwith the sUbjEict,ln 'its '~ntirety and would not shade t. . ,. . his opinion to suit the will of the majority nor would he risk the rep~tation and w~lfare of any of ,the touncilmen he is called upon' to advise by giving' advice if he ha4 doubts about its soundness; " '";(:: ADJOURNMENT At 11:45 P.M. Councilman and carried unanimously , , 1961. Phillips moved, seconded by Councilman Reibold that the meeting adjourn to 7:30 P.M. January 30, 't.. ., .' ~ , .,. $A )/~ MAYO~AMPHOUs'E d.) l:' , , ATTEST: ~~/d~'1a~()^- City Clerk ,J,). 1;' - "-.. 18. 1-17-61