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HomeMy WebLinkAboutJULY 7,1959 I'WoeAT:O' PLEDGE ROLL CALL MINUTES (6-16- 59) HEARING (T axicab rates) INPiIIif,) 511' I 04670 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 7, 1959 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the City Hall at 8:00 P.M., July 7, 1959. The Invocation was offered by Christine Van Maanen, City Clerk of the City of Arcadia, California. Mayor Pro Tempore Camphouse led in the pledge of allegiance to the flag. PRESENT: ABSENT : Councilmen Balser, Jacobi, Phillips, Camphouse Mayor Reibold Councilman Jacobi moved that the minutes of the regular meeting of June 16, 1959 as submitted in writing be approved. Councilman Balser requested that a correction be made in said minutes, to wit: that his request for a traffic check on Foothill Boulevard be made from Santa Anita Avenue to 'Michillinda Avenue instead of from Baldwin Avenue to Michillinda Avenue as stated. Whereupon Councilman Jacobi restated his motion and moved that said minutes of June 16, 1959, as submitted in writing, be amended as suggested by Councilman Balser, and as thus amended that they be approved. Motion seconded by Councilman Phillips and carried unanimously. Application of Arcadia-Monrovia Valley Cab Company for an adjustment in current taxicab rates. The City Clerk read the salient points of the letter received from said company, signed by Mr. LeMoyne Bailey, President, applying for an adjust- ment, which were that said company has suffered increases in everything pertaining to automobiles used in the operation of a taxicab business; that they cannot compete for the type of employees they desire; that they can only operate all of the 22 taxicabs licensed to serve the City of Arcadia and surrounding areas during January, February and March of each year, and that an adjustment in rates will enable them to render more desirable service. Mayor Pro Tempore Camphouse declared the hearing open and commented that a committee, consisting of Councilmen Jacobi and Balser, the City Manager and the City Controller, had been appointed to meet with Mr. Bailey and attempt to analyze the situation and render a report to the Council. At Mayor Pro Tempore Camphouse's request Mr. Bailey, 112 North 1st Avenue, addressed the Council, stating that although he had nothing to add to his application, he would be glad to answer questions. No one desiring to question Mr. Bailey and no one else in the audience desiring to speak either in favor of or in opposition to the application, , Councilman Balser, on behalf of the aforementioned committee, stated that said committee had conferred with Mr. Bailey who had produced his books and records for their inspection; that the books had been analyzed by the Controller and that it had become obvious during the discussion that relief was necessary but that he felt the committee needed additional time within which to study the matter in an attempt to decide upon the extent. The City Manager then handed the City Clerk for. her" files a copy of the Analysis of Taxi Rate Increase Proposals prepared by the Controller. L 7 - 7 - 59 04671 HEARING (Solicitation Nutrilite Products) 'NDEXED ( r! 5H r''l HEARING (Solicitation Stearns) INDEXED j5t1P Councilman Balser moved that the hearing be closed. Motion seconded by Councilman Jacobi and carried unanimously. Councilman Balser further moved that the proposals contained in the controller's report be given further study by the committee and that a report be rendered to the Council at the Council meeting of July 21, 1959. Councilman Jacobi seconded the motion and it was carried ' unanimously. Mayor Pro Tempore Camp house declared the hearing open on the application of Frances Cremer, 824 South Santa Anita Avenue, Arcadia, for a business permit to solicit door to door, between the hours of 8:00 A.M. to 5:00 P.M'I Mondays through Saturdays and evenings by appointment for the sale of Nutrilite Products food supplement and cosmetics. When asked if she wished to make a statement before the Council, Mrs. Cremer stated that Mytinger, Casselberry, Inc. are the distributors for Nutrilite Products and that from time to time she will be selling other products as they develop in the company. To Councilman Jacobi's inquiry as to whether the sales tax would be distributed from Arcadia she replied that the sales tax is distributed from the main office which is in Long Beach. Councilman Phillips commented that he believed in such instance Arcadia receives a certain percentage of such tax, to which Mayor Pro Tempore Camp house replied that the Board of Equalization intimates that such is the case. Mayor Pro Tempore Camphouse then inquired if anyone in the audience desired to speak either in favor of or in opposition to the said application. No one desired to speak. Councilman Phillips informed the applicant that while Council might grant a permit to solicit door to door that no solicitation is permitted at any residence posted with a no solicitation sign, and then moved that the hearing be closed. Councilman Jacobi seconded the motion and it was carried unanimously. Councilman Phillips moved that Council grant the request of Mrs. Frances Cremer for a permit to solicit door to door in accordance with her application, and upon condition that all applicable ordinances be complied with at all times. Councilman Balser seconded the motion and it was carried unanimously. Mayor Pro Tempore Camp house declared the hearing open on the application of Robert Ward Stearns, 370 South craig Avenue, Pasadena, California, for a permit to solicit door to door, between the hours of 9:00 A.M. and 4:30 P.M., Mondays through Fridays and evenings by appointment, the sale of items from California Industries for the Blind. The City Clerk added that the applicant is totally blind; that he will be transported by family or friends to and from the location to be worked; that he takes orders and the items, consisting of brooms, dish cloths, door mats, etc. are delivered by Howard's, 3640 E. Colorado, Pasadena, who represent California Industries for the Blind; and that they collect when the items are delivered and pay applicant. To Mayor Pro Tempore Camphouse's query as to whether the applicant wished to add anything to the above Mr. Stearns addressed the Council, stating that he is a student at the University of California at Berkeley, majoring in Physics and that Council's permission would enable him to 'work during the summer. I No one in the audience desiring to speak either in favor of or in opposition to the requested application, Councilman Balser moved that the hearing be closed. Councilman Phillips seconded the motion and it was carried unanimously. Councilman Balser further moved that Council grant the request of Robert Ward Stearns for a permit to solicit door to door in accordance with his application, and upon condition that all applicable ordinances be complied with at all times. Councilman Phillips seconded the motion and it was carried unanimously. 2. 7 - 7 - 59 PERSONNEL MATTER (Hayes) j'.6Jt1 'NDliXiO I . I 046'72 Mrs. Charlotte Chapps, 334 East Huntington Drive, Arcadia, requested permission to address the Council briefly before they went on with the agenda as she had a previous appointment which made it difficult for her to wait until all agenda items were disposed of. She was granted permissiono Transcript: Mrs. Chapps: "There are many of us interested in the demotion lasl: week of Jim Hayes from Captain to Patrolman. Now I know a year ago similar interest was shown before Council when the Police Chief was summarily demoted and our Fire Chief resigned. At that time our Mayor informed us it was in bad taste to question any actions of City Administrators. Now we don't have the same Administrator, but I'm afraid that the tactics seem ominously similar. As a result of that incident we wound up with four Captains. It seems we now found it a very easy solution by demoting one of them as a scapegoat. "Gentlemen, the mistake Jim Hayes made, which he does not deny, was the use of the City mimeograph machine. I wonder how many organizations in this town have done the same thing, authorized by one or another of the City Administrative Staff1 One business house even used the City's addressograph and plates for mailing to every resident in Arcadia, with the former City Manager's permission. I questioned him. A former Council- man and Mayor used 300 Arcadia brochures to distribute them outside of Arcadia when he was campaigning for another office. Another Administrator used the photography equipment for personal mailings when applying for another job. "Jim Hayes has been with the Department for 13 years. In that time many of our boys have grown up into manhood on this side of prison bars because they came into contact with him. He never questioned whether he was on duty or not, when anybody called him, I know. He has been available to every organization in this city as a speaker and as a cameraman. Now this is the man who has been summarily kicked in the teeth, and that is the only expression we can use, for a petty rule, a rule which has not been enforced for anyone else working, and I think quite a few of you back there will admit you may have transgressed yourself. "Jim has done much for Arcadia in public relations and service. Now what incentive do you leave for the other men on the force to work for? These men who worked very hard to keep us feeling very smug and secure in our homes. How much longer can we get competent men for the force if they see this as a result of 13 years of work - a very petty minor rule broken? I don't know if there is anyone else here tonight, but, Mr. Mayor, we would like for the record, an explanation." Mrs. Clausen: "I am Mrs. P. B. Clausen, 925 So. 8th Avenue, Arcadia, and I feel the sentiments Mrs. Chapps just stated and I would also like to know why such a thing has been done." Mayor Pro Tempore Camphouse: "If I may speak for the rest of the Council on behalf of them, being a fellow Councilman, in answer to Mrs. Chapps' request: This Council is aware of the interest of the citizens of Arcadia in people as individuals and specifically in Jim Hayes, and it was our intention as part of our agenda tonight to bring the matter up. In fact I believe the Clerk has a letter directed to the Council in which we were to discuss it. In accordance with your request Mrs. Chapps, since you said you had a prior appointment, we let you bring it up at this time. "I am sure that each member of the Council is extremely interested and any inference to the contrary is unfounded; but I am sure that from the remark that you made,'that notwithstanding your interest, there are some facets to the problem that you might not be aware of. Our greatest interest,as members of this Council, is in the individual, as I said before, and it is not our intention, either here or in any special hearing, 3. 7-7-59 04673 to injure any individual,or his reputation, or his work, or his career. I note some of the remarks that you made refer to situations that occurred in the prior administration and the prior administrative leader- ship or leadership of the Council, for which this present Councilor this present administration has no jurisdiction, you will admit." Mrs. Chapps: "Mr. Mayor, I do not admit - the same Council is still in office. II Mr. Camphouse: "I am not here to debate you Mrs. Chapps. If you want a debate we will have a hearing. I'd like to state some facts. Last year Mr. Cook was not the City Manager. There are some different situations. I I do not think I am in error in so saying, and it is not my intent this occasion here tonight to injure Mr. Hayes or any other individual without sufficient information and knowledge of the whole thing, and that does not indicate that we as a Council are not interested. If there are any other facts that I have left out, or any error I made in my speech, I would be happy for either member of the Council, the City Attorney, or the City Manager to correct me." Mrs. Chapps: "Mr. Mayor, there is----" Mr. Camphouse: "I would like to add one other thing, Mrs. Chapps; that if it is within the realm or within the necessity, in fairness to Mr. Hayes and his best interests that we hold a hearing, we will be very happy to do that. Am I right (turning m City Attorney)? I want that clearly under- stood, that it is not my intent and I'll let each member of the Council so state, to white-wash any situation and we want every individual, whether he is a City employee, a captain or a street sweeper, or whatever he is, to receive the best and fairest treatment, and whatever that is we will stand behind him." Councilman Balser: "You have voiced my sentiments Mr. Mayor. I do not say anything else at this time." Councilman Phillips: "I think, Don, you stated the situation very, very well and clearly. Mrs. Chapps referred to me and my statement a year ago, that it was in bad taste - some of the questions that were asked of me that night. Had I of answered them it would not have been in the best interests of people. We are not here to malign people and that's why I made the statement that I did. I think that any hearing that might come out of this would be a private hearing because it's a personnel matter and nothing good can come to Hayes or to the people involved if it is all brought out in a public and open hearing. I also think, Mr. Mayor, that if we had a hearing it would have to be done under sworn testimony." Mr. Camphouse: "Before I ask Councilman Jacobi if he has any comments, :& believe Mr. Nicklin, that we do have the machinery already within the framework of our City Government to take care of situations of this type"? City Attorney Nicklin: The City Charter provides that aggrieved persons I may have a hearing before the Personnel Board and not before the City Council. They hold a hearing and make their findings and recommendations back to the appointing power and a copy of them is sent to the City Council. That is the forum for trying out the fairness of any decisions made on the administrative level, and I would point out to you that the Charter specifically prohibits the City Council from interfering in the administrative service below the managerial level. In this situation here the individual is quite removed from the City Council, which was not the situation in the previous two situations where they were department heads and had no right of appeal." wanted to point out is that we have it Charter that an individual in this That is correct?"(looking toward the Mr. Camphouse: "The main thing I within the framework of our City situation has a right of appeal. City Attorney) 4. 7 - 7 - 59 I I 04R'it1 City Attorney Nicklin: "That is correct." Mr. Camphouse: "I want that firmly established in the record. Mr. Jacobi, any comments ?II Councilman Jacobi: "I just have one comment and that comment is that if it is a rule for one it should be for all. I don't believe the rule has been enforced on all and I don't think it should be enforced on one. I don't think anyone person should be singled out and spanked, and to me, that's exactly what's been done in this case. I personally, as a citizen, don't like it, and as a Councilman, I don't like it. Mr. Camphouse: "I think all the rest of us here, Mr. Phillips, myself, and Mr. Balser, if I might transgress for a moment, are equally as fair in our attitude as far as individuals being singled out, but I think Ed, that you misled the people of this audience to believe that on the basis of information that they have the fact that you are a member of this Council are more aware of the facts, that a reprimand to the demotion of Mr. Hayes was not on the basis of the use of the Multilith machine and that inference might mislead some people in the audience. Councilman Jacobi: "Well, I'd like to correct that; it was the starting of the procedure and then it was followed up by I think, unnecessary action; rather too drastic." Mr. Camphouse: "Any other comments?" Mrs. Chapps: "I appreciate the fact that you are all fair-minded; honestly, I mean that. I would like you to also know that Jim Hayes has nothing to do with me being here tonight, or any of these people. We've all had contact with Jim. We like the man. We like what he's done for' us in this town, whether it's an organization or an individual. That's why I repeat, if there is a hearing Mr. Mayor, if you will instruct the, people who will handle that hearing that there was no intent of pressure on his part. If there is any pressure being brought it is on our part, ' not his. Thank you very much." Mr. Camphouse: "For your benefit Mrs. Chapps, and also others who are in the Council audience ,rl'lative to this subject, I would like to add one other thing: we are also aware that there is no pressure from Mr. Hayes himself. We are also aware that many people in Arcadia are appreciative of the years of service that Jim rendered to the city. We are cognizant of that situation. We are also mindful of the fact that I was apprised of this situation when it occurred. I also remember this, that as a Councilman of the City of Arcadia I am violating the State law if I were to interfere personally on behalf of any individual. That does not pre- clude the individual from the right of a fair hearing. I am sure that everybody knows ------. "Are there any further comments from the Council in general? I wish to thank those in the audience who appeared on behalf of Mr. Hayes and the situation. We're certainly interested to know that 'people in Arcadia are interested in situations liKe that. ThanK you for being here." MATTERS FROM THE CITY ATTORNEY ORDINANCE No. 1060 (Adopted) (Multiple Dwellings) INDEXED The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1060, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." Motion by Councilman 'Balser, seconded by Councilman Jacobi and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1060 be waived: 5. 7-7-59 04675 ORDINANCE No. 1061 (Introduced) (Health and Sanitation Commission Members) INDEXED RESOLUTION No. 3149 INDEXED RESOLUTION No. 3150 ..IlIDE.Jrl<'Q AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Balser further moved that Ordinance No. 1060 be adopted. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: 'Councilmen Balser, Jacobi, Phillips NOES: None ABSTAINED:' Councilman Camphouse ABSENT: Mayor Reibold I The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1061, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF ORDINANCE NO. 864 OF SAID CITY." Motion by Councilman Phillips, seconded by Councilman Jacobi and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1061 be waived: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Phillips further moved that Ordinance No. 1061 be introduced. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold The City Attorney presented, explained the content and read the title of Resolution No. 3149, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING LAWRENCE E. COOK TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY DONATED FOR PURPOSES OF CIVIL DEFENSE AND DISASTER, AND REPEALING RESOLUTION NO. 2988." 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. 3149 be waived: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Balser further moved that Resolution No. 3149 be adopted. Seconded by Councilman Jacobi and carried on roll call vote as follows: I AYES: Councilmen Balser, Jacobi, Phillips,. Camphouse NOES: None ABSENT: Mayor Reibold The City Attorney presented, explained the content and read the title of Resolution No.f3,il50, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING LAWRENCE E. COOK AS CIVIL DEFENSE DIRECTOR TO SIGN WAREHOUSE ISSUE SHEET (SEASP FORM III) OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY." Motion by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3150 be waived: 6. 7 - 7 - 59 I ZONE VARIANCE (Roseman) llillE4.li;.Q j-6 ~'}. RESOLUTION No. 3151 (Roseman) INDEXED If-; J ~.\- I ~'"~, No. 760 SPECIAL USE (Mas ter Antenna) IND'ExED j541 046'76 AYES: Councilmen Balser, Jacobi, ,Phillips;, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Phillips further moved that Resolution No. 3150 be adopted. Motion seconded by Councilman Balser, and ,carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Motion by Councilman Balser that Council accept the recommendation of the Planning Commission contained in their Resolution No. 333 and grant the application of Morris Roseman for a zone variance to permit an addition to an existing building and its conversion into a third dwelling on the lot located at 1203 South 8th Avenue, said variance not to become effective until each of the conditions outlined in said Resolution No. 333 shall have been complied with. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips NOES: Councilman Camphouse ABSENT: Mayor Reibold . . The City Attorney thereupon presented, expla1ned the content and read the title of Resolution No. 3151, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A VARIANCE TO PERMIT AN ADDITION TO AN EXISTING BUILDING AND ITS CONVERSION INTO A THIRD DWELLING UPON SPECIFIED CONDITIONS." Councilman Jacobi moved that the reading of the full body of Resolution No. 3151 be waived. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Jacobi further moved that Resolution No. 3151 be adopted. Seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips NOES: Councilman Camphouse ABSENT: Mayor Reibo ld Councilman Camphouse commented that his opposition to this particular variance is not the fact that he is not interested in the elimination of chicken ranches but that the conversion of the existing feed barn into a structure compatible with the standards of Arcadia, upon a street where $25,000.00 houses are being built, does not seem conceivable. The City Attorney explained that an application had been made to install a commercial master antenna within the City to serve the fringe areas; that the use of property for such purpose being omitted from the lists of uses specified as permissible in the various zones, this matter went before the Planning Commission to ascertain all pertinent facts concern- ing said use; that by its Resolution No. 334 the Planning Commission set forth its findings that radio and television transmitters are designated as a special use under Section 17 of Ordinance No. 760; that commercial master antennas are more similar to radio and television transmitters than to any other use specified in Ordinance No. 760; and recommended that for such reason commercial master antenna should be classified as a special use under Section 17 of Ordinance No. 760 of the City of Arcadia and that authority for the location and operation 7. 7-7-59 04677 RESOLUTION No. 3152 INDEXED LOT SPLIT No. 253 (Tentative) INDEXED ~6~~ TRACT No. 24499 (Final) llIDEXEJ) J f/ tI thereof should be granted only under the provisions of and upon compliance with the procedure outlined for variances. The City Attorney then presented, discussed and explained the content of Resolution No. 3152, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CLASSIFYING A COMMERCIAL MASTER ANTENNA TO SERVE FRINGE AREAS AS A SPECIAL USE UNDER SECTION 17 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." Councilman Phillips moved that the reading of the full body of Resolution No. 3152 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: I AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: 'Mayor Reibold Councilman Phillips further moved that Resolution No. 3152 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold . Recommendation of the Planning Commission that Tentative Approval be granted Lot Split No. 253 - Hollis H. Barron, 1034 South First Avenue, subject to specified conditions: The City Attorney asked with which lot Parcel 2 was to be used in the future and was advised that it was to become part of Lot 13 facing Greenfield Avenue. He thereupon stated that doubtless it was not intended that Parcel 2 become a separate building site, and he therefore suggested that a covenant be executed and recorded requiring Parcel 2 to remain in common ownership with Lot 13 of Tract No. 808 and not to become or used as a separate building site. Whereupon Councilman Balser moved, seconded by Councilman Phillips and" carried unanimously, that Council accept the recommendation of the Planning Commission and indicate its intention to approve Lot Split No. 253 - Hollis H. Barron, 1034 South First Avenue, upon compliance with the following conditions: 1. File a final map with the City Engineer; and 2. That the owner execute and record a covenant providing that Parcel 2 shall remain in common ownership with Lot 13 of Tract No.808 and shall not become or be used as a separate building site. I Motion by Councilman Balser, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Planning Commission and approve the final map of Tract No. 24499, located on Southview Road, east of Hungate Lane, consisting of 11 lots, subject to the following conditions: 1. Install all street improvements required by the Subdivision Ordinance. Pay the following fees and deposits: 2 street lights 2 @ $150.00 each 16 street trees @ $5.00 each 11 lots recreation fee @ $25.00 each $300.00 80.00 275.00 8. 7-7-59 I BID RESULTS (Cast Iron Water Mains) .llWEXED .6 6 ~L\' COMPLETION OF WORK (S. E. Pipe Line) INDEXE~ jt;U I (Johnson Tree) INDEXED ~ ~1)g 046'i~ 3. Dedicate Lots 12 and 13 to the city in fee. 4. Provide a satisfactory drainage easement from the north alley. 5. Provide necessary utility easements. 6. The city shall dedicate lots 8, 9 and 10, Tract No. 22220 for street and alley purposes. 7. Record a covenant on Lot 11 stipulating that upon change of ownership of the lot or, upon application for a building permit to develop it, the south 20 feet of the west 5.06 feet of Lot 11 will be deeded in fee to the City of Arcadia, and in any case, shall be deeded in fee to the City of Arcadia at the end of a 10 year period. The following bids were received for the purchase of cast iron pipe and fittings: Vnited States Pipe and Foundry Company Pacific States Cast Iron Pipe Company Park-Son, Inc. $34,877.53 35,242.84 Incomplete Bid Motion by Councilman Phillips, seconded by Councilman Jacobi and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the Assistant Water Superintendent and that the contract for the purchase of cast iron pipe and fittings be awarded to the low bidder United States Pipe and Foundry Company in the amount of $34,877.53; that any irregularities or informalities in the bid or the bidding process be waived; that the Mayor and City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney; and that all other bid deposits be returned: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Motion by Councilman Jacobi, seconded by Councilman Balser and carried on roll call vote as follows that Council approve the recommendation of the City Manager and the Assistant Water Superintendent and accept the work as satisfactorily completed and authorize payment to the contractor S. E. Pipe Line Construction Company for the installation of cast iron water mains and appurtenances in Second Avenue from Longden Avenue to Live Oak Avenue and in Baldwin Avenue from Las Tunas Drive to Live Oak Avenue in the amount of 90% of the contract amount or $10,440.00 and at the expiration date of the 35 day time limit prescribed, the payment of the 10% balance, which is $1,160.00, and also the release of the faithful performance and labor and material bonds: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Motion by Councilman Phillips, seconded by Councilman Jacobi and carried On roll call vote as follows that Council approve the recommendation of the Director of Public Works and accept the work of Johnson Tree Service, Contractor for the removal of 98 dead and dangerous trees located within the parkways on Santa Anita Avenue, south of Duarte Road and north of Live Oak as satisfactorily completed and authorize final payment to be -' made in accordance with the provisions of the contract documents: AYES: Councilmen Balser, Jacobi, Phillips; camphouse NOES: None ABSENT: Mayor Reibold ~ 9. 7-7-59 04-5'79 ADVERTISE FOR BIDS INDEXED ~~sc TREE REMOVAL ~CONTRACT ~~ (Extension ~ ..:if TimeJ ""V ;:; I 7 PROPERTY APPRAISER (Arcadia Ave.) INDEXED d'~~ LOT SPLITS (Final ) /( '3 r'l- mrx:rrmu INDEXED d!5/a,u d 5'~}!1 INDEXED Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the Assistant Water Superintendent, approve the plans and specifications for the installation of cast iron water mains in First Avenue from Colorado Boulevard to the alley north of California Street and authorize the City Clerk to call for bids to be returned August 3, 1959 at 11:00 o'clock A.M. and acted upon by Council at the regular meeting of August 4, 1959: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold The City Manager commented that the main replacement work is prov1deo for 1n the current budget under tne appropriation in the Water Reserve and Depreciation FunO, Major Projects, Item.2. I The City Manager also ment10neo that a meet1ng hao been arrangeo W1tt the business people on First Avenue and had learned that this instal- lation fits in with the Fall sales as the work will commence about August 5th and will not interrupt the business. Mayor Pro Tempore Camphouse then commented that Council appreciates the attitude of the Administration in their effort to cooperate with the business interests in gearing this work to their schedule. Motion by Councilman Jacobi, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Director of Public Works to extend the time to complete the work by the Johnson Tree Service and authorize the revision of the date of required completion from July 13, 1959 to July 31, 1959. Motion by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that Council accept the recommendation of the Director of Public Works and authorize the employment of Mr. Jack Mann as property appraiser on the project for the opening and improvement of Arcadia Avenue, between Baldwin and Holly Avenues at an estimated expense for this appraisal service of approximately $3,500.00, plus additional court fees, etc. in the event of ,condemnation proceedings: AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold Councilman Phillips commented that he knew Mr. Mann personally and believes him to be a very competent appraiser. No. 166 - Dolores Hustedt Dickens, 1004 South Alta Vista Avenue: Motion by Councilman Jacobi, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Director of Public Works and that final approval be granted Delores Hustedt Dickens, 1004 South Alta Vista Avenue on Lot Split No. 166 as all conditions have now been complied with. I No. 240 - Kenneth Williams, 1731 South Second Avenue: Motion by Councilman Phillips, seconded by Councilman Balser and carried unanimously that Council accept the recommendation of the Director of Public Works and that final approval be granted Kenneth Williams, 1731 South Second Avenue on Lot Split No. 240 subject to the guarantee'that condition No. 6 "Close the existing driveway located across the new line between parcels 3 and 4" is complied with. " No. 245 - Wm. Hovanitz, 1140 West Orange Grove Avenue: , Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the Director of Public Works and that final approval be granted Wm. Hovanitz, 1140 West Orange Grove Avenue on Lot Split No. 245 subject to the guarantee that condition No. 2 "Remove the six foot concrete block 10. 7 - 7 - 59 Or:1J~ p.n ~~ '. , wall located in the parkway on Michillinda Avenue") is complied with: . . AYES: Councilmen Balser, Jacobi, Phillips NOES: Councilman Camphouse ABSENT: Mayor Reibold FINAL Motion by Councilman Balser, seconded by Councilman Phillips and carried AcCEPTANCE unanimously that 'Council accept the recommendation of the Director of TRACTS INDE Public Works and the Assistant Water Superintendent that final approval NUMBERS ' ~e granted the following tracts, as all requirements have been complied 24031 :!f ~"I with and that the improvements be accepted for maintenance by the City 21215 ~.3:s I and the bonds posted by the subdividers be released: 21341 8'3g'~ I COMMUNICATIONS nwE,U,Q 3-391 INDEXIill .'''' ~ ::I.' dv J/f' Tract No. 24031 - Santa Anita Terrace Tract No. 21215 - Santa Anita Terrace (extension) Tract No. 21341 - Winnie Way (extension) (a) Mayor Pro Tempore Camp house requested the City Manager to communicate with Mr. Kenneth Harman, 6121 North Baldwin Avenue, Temple City, regarding his recent letter with reference to the City's service since the recent annexation of certain land in Temple City, to assure him that the City is proceeding as rapidly as possible in the completion of services to be rendered. (b) Mayor Pro Tempore Camphouse ordered filed the communication from Mr. David G. Jackson, 201 West Lemon Avenue, Monrovia, California, and the reply of the City Manager regarding the claim of Frank Gustafson, retired custodian of 'the Public Library. INDEXIill' (c) Mayor Pro Tempore camphouse ordered filed the communication from d/ S ';-"J;.. ,', r the Rancho Santa Anita Residents' Association expressing their appreciation , . ' ... . -.. of',the 'City',s prompt action in passing an ordinance prohibiting the feed- ing of peacocks by tourists. INDEXED ::f Cl: ~~fte' REFUNDS INDEXED I !f'f y1 5 S3 <I 3-6'::>0 BUSINESS PERMIT RENEWALS INDEXED ..:1/ f''I !1.J.'7 Y./'1{, (d) Mayor Pro Tempore Camphouse requested the City Manager to communicate with Mrs. Richard B. Roche, Jr., 2320 Sewanee Lane in answer to her communication regarding the proposed new library building and commented that there are certain situations regarding the manner in which taxation and the funds within the City can be used. Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that the City Clerk be authorized to refund the following amounts to the following persons, being the unused portions of investigation fees deposited by them when making applications for business licenses: R. E. Dunne (skill game) Galvin Chevrolet Co. (used Paul Mnoian (Rubbish Co.) $12.00 12.00 9.37 cars) AYES: Councilmen Balser, NOES: None ABSENT:,. M~yor Reibold Motion by Councilman Phillips, seconded by Councilman Jacobi and carried on roll call vote as follows that Council approve the applications of the following for renewal of business permits, and that the provisions of Section 18 of Ordinance No. 737, applicable to previously licensed businesses, be waived: Jacobi, Phillips, Camphouse Harry Erichson, 1633 Baxter St., Los Angeles Fred Murset, 3549 Locke Ave., Los Angeles ) Limousine service to ) race track John P. Popp, 155 N. Bridge St., San Gabriel - San Gabriel Valley Cab Co. ll. 7-7- 59 04581 AYES: Councilmen Balser, Jacobi, Phillips, Camphouse NOES: None ABSENT: Mayor Reibold COUNTY BOUNDARY COMMIAS~ ,\".0~~ AUDIENCE PARTICIPATION Mayor Pro Tempore Camphouse ordered filed the notice from the County Boundary Commission that the City of El Monte has filed proposals to annex certain territory known as Annexation No's 196, 197, 198 and 199, inasmuch as they have no effect upon the City of Arcadia. No one in the audience desired to address the Council. I MATTERS FROM THE CITY OFFICIALS STREET DEFICIENCY REPORT INDEXED 555/ PECK ROAD PROPERTY nm~,,'f~pr POLICE DEPT. INDEJr:E>D ",,,,~ REFUND OF TAXES INDE2L:...u (l\'J~ SPECIAL COUNSEL (Surr I> Hellyer? INDEXED ~~t"J~ , f"-7'~ ~ TRAFFIC (Foothi 11 Boulevard) 1lID~ ~ f Motion by Councilman Phillips, seconded by Councilman Balser and carried unanimously that the report transmitted by the Director of Public Works of deficiencies for primary, secondary and other city streets in the City of Arcadia as of June 1, 1959, pursuant to the provisions of Section 2156 of the Streets and Highways Code, be approved by the Council, received and filed. To the City Manager's request that Council indicate their proposed policy concerning the future use of the city-owned property abutting Peck Road, Mayor Pro Tempore camphouse suggested that Councilman Phillips work with him in an effort to render a report to Mayor Reibold and a full Council, at which time the necessary steps could be taken. Motion by Councilman Phillips, seconded by Councilman Balser and carried unanimously that Council accept the recommendation of the City Manager and authorize one additional patrolman (to the present 37 patrolmen authorized in the budget). The City Attorney commented that he had received a letter from the office of the County Counsel regarding defense plant refund claims for refund of taxes collected on possessory interests;in personal property and requesting the City Council' to adopt an order authorizing the County Counsel to sign a stipulation on behalf of the City waiving the bar of the statute for one year so that it will not be necessary for the claimants to file actions in order to protect their rights. He added that upon contacting the County Counsel's office he was advised that less than $2.00 is involved as far as Arcadia is concerned and the County Counsel advised that no action be taken concerning his letter. The City Attorney advised that a letter had been received from the law firm of Surr I> Hellyer accepting their employment as Special Counsel in the Long Beach water litigation matter, and asking Council's concurrence in their further proposals: (1) the right of Counsel to, withdraw from anyone or more defendants upon the advent of totally irreconcilable conflict; and (2) that they not be required to notify I all participating defendants upon the withdrawal of anyone defendant from participation in the cost unless the withdrawing party represents 10% of the participating costs; and (3) Data furnished by any co- defendant to be usable for all defendants, unless supplying member requests data remain privileged, and suggested that the Council authorize the Mayor or Mayor Pro Tempore to endorse the City's approval on a copy of their letter. Councilman Jacobi moved that Council accept the suggestion of the City Attorney and that the Mayor or Mayor Pro Tempore be authorized to endorse approval of the proposals in the letter from Surr and Hellyer dated May 26, 1959. Councilman Balser seconded the motion and it was carried unanimously. Councilman Balser commended the City Manager and the Police Chief for 12. 7-7-59 It/DEXED I ri~ RADAR CARS WATER _ PETITION DRIVE APPOINTME!!IT TO PLANNING COMMISSION (Norton) INDE](F;J) "I'ISr I LIONS CLUB (Parking) INDEXED CG:II'~I~ r~~ APPOINTMENT TO PLANNING COMMISSION (Wallin) iNDEXED 'IS? _ 046R? their prompt report on his request for a survey of the excessive speed of traffic on Foothill Boulevard between Santa Anita and Michillinda Avenues. He commented that he believed it is up to the City to endeavor to make this street as safe as possible even if it is a State highway and suggested the Staff communicate with the State in an effort to cut the 45 m.p.h. posted speed ~imit to 35 m.p.h. Mayor Pro Tempore Camp house added that he felt the matter should be referred to the Safety Committee. The Director of Public Works advised that he had written to the State regarding the matter, requesting that they study both the excessive speed and the possibility of signalization in the area and is awaiting a reply. Mayor Pro Tempore Camphouse then said that in that case the matter remain in status quo until a'reply is received from the State, and added that he would like to see additional stops installed there. Councilman Balser suggested that the City's radar car diligently patrol the area and also that Rodeo Road should be considered by the State for a signal and that San Carlos has a similar problem. Mayor Pro Tempore camphouse requested the City Manager to pursue the matter. In answer to Councilman Jacobi's request for a report on the City's radar cars pertaining to realistic speed the City Manager replied that a report will be forthcoming in the very near future. Councilman Phillips, as Chairman of Division 1 of the USGVWA,reported on the progress of the water petition drive; that Arcadia is lagging behind other cities in reaching its goal, which is 4000 signers and to date only 800 have signed the petition. He added that he thought each person should try to convey to as many people as possible the seriousness of the situation and the importance of the proposal reaching the ballot, cautioning-that the day may, c~me when the City may lose some of its ,pumping ,priyileges( to,Long Beach, referring to the pending law suit for adjudication of water rights in the San Gabriel basin. Motion by Councilman Phillips, seconded by Councilman Jacobi and carried unanimously that Council approve the appointment of Mr. Ralph Norton, 20 East Camino Real Avenue to the Planning Commission to fill the unexpired term of Mr. Frank Vachon who resigned May 5, 1959; said term to run until June 30, 1962. The Council then remarked on the excellent service performed for the City by Mr. Norton during his tenure on the Recreation Commission and commended him for his interest in the welfare of Arcadia. '. .~ \ \., Motion by Councilman Phillips, seconded by Mayor, Pro Tempore Camphouse and carried unanimously that Council gr~nt the request of the Lions Club of Arcadia and permit them to use city-owned property at the corner of Santa Anita Avenue and Duarte Road for parking facilities on August 6, 1959 for the Washington Redskins charity football game sponsored by said club; that it is expressly understood that the club will proYide a hold-harmless insurance policy indemnifying the City and its officials, satisfactory in content and amounts to the City Attorney,for the temporary use of said property. Mayor Pro Tempore Camphouse expressed his appreciation to the Arcadia Board of Realtors for their letter suggesting that a member of the Realty Board be placed on the Planning Commission. He He is then submitted the name of Mr. James M. Wallin, 1747 Oakwood added that Mr. Wallin is presently a member of the Personnel familiar with the growth of this community and is interested 13. Drive. Board, m '''''\ 7 -7 - 59 04.583' LEAGUE OF CALIFORNIA CITIES (Meeting 7-16-59) STATE LEG ISLATURE COMMUNICATION (~chadel) INDEXED 5..:017 ADJOURNMENT ~ affairs. He further moved that the Council approve the appointment of Mr. Wallin to said Commission to fill the vacancy created July 1, 1959 by the resignation of Mr. D. L. Robertson, said term to run until June 30, 1963. Councilman Phillips seconded the motion and it was carried unanimously. Mayor Pro Tempore Camphouse reminded the Council of the Dinner meeting of the League of California Cities to be held at the Hollywood Turf Club July 16, 1959 and added that the City Clerk would contact them for reservations and that the speaker is to be the State Controller, Mr. Alan Cranston. Mayor Pro Tempore Camphouse stated that since the peoples' governmental I representatives are now home for their summer vacations, now is the time to contact members of the State Legislature to let them know where they have been out of touch; that it is the responsibility of a citizen to make sure that his representative understands the way he feels . The City Clerk read a communication from R. L. Schadel, 423 Walnut Avenue, protesting the demotion of Capt. James Hayes of the Police Department to the rank of patrolman. Mayor Pro Tempore Camphouse ordered the communication filed. Motion by Councilman Phillips, seconded by Councilman Jacobi and carried unanimously that the meeting adjourn. (9:45 P.M.) ~SMf I 14. 7-7-59