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HomeMy WebLinkAboutSEPTEMBER 15,1959 1 INVOCATION PLEDGE ROLL CALL MINUTES (9- 1- 59) HEARING (Zone Change) INDEXED t\~ 1~~ 1 , 04.734 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 15, 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 o'clock P.M., September 15, 1959. The Invocation was offered by Rev. Ronatd F. Hoffman, Junior Pastor of the American Lutheran Church :of Arcadia. Mayor Reibold led in the pledge of allegiance to the flag. PRESENT : ABSENT: Councilmen Balser, camphouse, Jacobi, Phillips, Reibold None The minutes of the Council meeting of September I, 1959 were not presented for approval. Planning Commission Resolution No. 344 recommending denial of application of Bernard Berk and Ralph D. Stogsdill for a change of zone from R-l to C-2, PR-3 and D on property near the southeast corner of Las Tunas Drive and Baldwin Avenue; that said recommendation was appealed by applicants. In answer to Mayor Reibold's question as to whether any written protests had been received, the City Clerk read in full a communication received from Everett D. Weir, 480 Workman Avenue, protesting the requested zone change, which stated in part that spot rezoning tends to lower property values, that if rezoning is necessary the entire area from Baldwin Avenue on the west to Bradford Avenue on the east, and from Las Tunas Drive on the north to Live Oak Avenue on the south should be included in the rezon- ing; and that with the present number of vacancies in Temple City and the abundance of markets existing in the area this rezoning is not necessary or desirable at this time. The City Clerk added that she had received that evening a petition with nine signatures of property owners which she had been requested to add to the petition containing 77 signatures previously presented to the Planning Commission and are protests filed after the matter was presented to the Council and set for hearing; that the Planning Commission files show protests filed, both oral and written. Mayor Reibold then declared the hearing open and inquired if anyone desired to speak in opposition to the granting of the requested zone change. The following persons addressed the Council, stating in part that they were opposed to the granting of the requested zone change because the proposed construction of a super-market on the corner of Las Tunas Drive and Baldwin Avenue would result in additional traffic at an intersection that carries an unusually heavy load of traffic during the racing season; that there is- no need for another market in that area since there is a new shopping area to be constructed on Santa Anita and Live Oak Avenues and already established shopping centers in West Arcadia and other near-by locations; and that the' immediate surrounding area is residential and will 1. 9-15-59 " - - (,'fj ~<),,",, \. ~.~ f. ,.'~ (Hearing - Zone Change - Continued) be down-graded by business encroachment: Mrs. Charlotte Reynolds, '2804 South Baldwin Avenue Mr. Joseph Reynolds, 2804 South Baldwin Avenue Mr. Saul G. Seidner, 561 Workman Avenue Mr. Wayne M. Withrow, 2708 Bradford Avenue Mrs. Saul, ,G. 'seidner, '561 Workman Avenue Mr. Francis P. Gorey, 2718 Bradford Avenue Mayor Reibold then asked if anyone desired to speak in favor of the zone change, and the following addressed the Council: Mr. Ralph D. Stogsdill, one of the applicants and appellants, 2710 South Baldwin Avenue, displayed a drawing of an ,A & P Company super-market 1 proposed to be built at the southeast corner of Las Tunas Drive and Baldwin Avenue and read in full a communication addressed to the Council (on file in the office of the City Clerk) which stated in part that with regard to ' the petition with 77 signatures presented to the Planning Commission, approximately one half of the petitioners lived over 1000 feet away from the corner of Baldwin Avenue and Workman Avenue, or 700 feet beyond the regular 300 foot radius for protestants; that there have been no protests from property owners whose lots are on the north side of Workman Avenue facing south, except Lot 43, which is on the corner and faces Baldwin Avenue. That the owner of said Lot 43, one of the protestants, requested a price for his property which was considered prohibitive by Bernard Berk & Company (the other applicant and appellant); that he disagrees with Planning Commission's interpretation of the need for this construction in that the request should be decided upon good planning; that gasoline stations are constructed in close proximity to each other and that in other locations in the City markets have been and are being erected in close proximity to other markets. Mr. David Cook, associated with the firm of Bernard Berk Company, 260 South Beverly Drive, stated in part that a survey of five major intersections in the City, and also of other adjacent cities, such as San Marino, El Monte and Temple City, had been made and that the said intersection of Baldwin Avenue and Las Tunas Drive had been selected as the best location for the proposed construction of an A & P market, because it contained sufficient ground to permit 3 to 1 parking; that the building will cost approximately $500,000.00; that a traffic check revealed the following figures: north of Las Tunas Drive on Baldwin Avenue per day - north and south on Baldwin Avenue south of Las Tunas Drive 14,000 cars, on Baldwin Avenue south of Las Tunas Drive 12,920 cars, on Las Tunas Drive east of Temple City Boulevard 17,140 cars, on Live Oak Avenue west of Santa Anita Avenue 20,770 cars and then, because Live Oak Avenue and Las Tunas Drive split, Live Oak Avenue carries over to Baldwin Avenue 5000 cars compared to Las Tunas Drive carrying over 16,000 cars; that the widening of Baldwin Avenue was taken into consideration; that their plan will allow easy access and no trouble with traffic, and that the traffic count mentioned indicates that the area ceases to be a residential area. Mr. Bernard Berk, 260 South Beverly Drive (one of the applicants and 1 appellants) advised the following benefits to the City to be derived by the proposed improvements: a payroll of approximately $400,000.00; local advertising in Arcadia and surrounding newspapers in excess of $25,000.00 per year, Arcadia's share of personal property tax of approximately $6000.00; Arcadia's proportionate share of real estate tax of about $6000.00; Arcadia's share of sales tax of about $7000.00; local purchases in the community; or approximately half a million dollars or more to be spent in Arcadia. He added that A & P Company has been in business 100 years and has in excess of 4300 stores in the United States and that very few complaints have been made by neighbors regarding traffic, noise, lights, etc. Also that this company is in accord with a buffer zone being established on Workman Avenue. That every effort will be made to operate the store in a manner that will prove beneficial to the neighborhood and the City of Arcadia. He then presented: 2. 9-15-59 (Hearing - Zone Change - Continued) 1 1 8&73ij Mr. Wm. Neville, an executive of the A & P Company, answered questions asked of him, to the effect that the store's operating hours would be from 9:00 A.M. to 10:00 P.M.: and that deliveries would be made not earlier than 7:00 or 7:30 A.M. Mr. Withrow and Mr. Seidner reiterated their opposition to the granting of the requested zone change. Mr. John Ruth, 529 Las Tunas Drive, stated that he thought this was a good plan, proposed by responsible people and would benefit the City. No one else present desiring to be heard, Councilman Camp house moved that the hearing be closed. Councilman Phillips seconded the motion and it was carried unanimously. A general discussion ensued, wherein the Councilmen expressed their opinions as follows: Councilman Phillips stated that he had been present at four or five hearings regarding this same corner and that the records would show that he had consistently stated that he thought this was a business corner, as are the other three corners at the same intersection; that in his personal opinion and vote there could be no further encroachment than the long existing zone variance of C-O at 530 Las Tunas Drive, known as the Playtime Nursery School, owned and operated by Mrs. Dorothy LaGuidice Stevens. He mentioned the similarity of the corner in question, and of the many hearings and protests against the proposed shopping center at Santa Anita Avenue and Las Tunas Drive; the fact that although some property owners may be injured to a degree in the value of their property, zoning must be directed in the best interests of a community and that the contemplated improvements, according to the figures submitted by one of the appellants, Mr. Berk, will prove more beneficial to the City than the present restaurant and miniature golf course at said corner. Councilman Balser reminded the Council of his long record of voting against a zone change in the said area, dating back approximately nine years to the aforementioned nursery school; that he is still of the opinion that a great injustice has been done in this area in allowing the nursery school, the restaurant and golf course; that traffic counts do not prove an area is business or residential; that in his opinion a large market should not be permitted in the said area as it will lead to business creeping toward El Monte Avenue, and that he feels the zoning should remain in status quo. Councilman Camphouse stated that Baldwin Avenue, being a connecting link between two freeways, Council's determination as to whether or not a market may be constructed,at the corner of Baldwin Avenue and Las Tunas Drive will not add to the traffic problem, and that as far as traffic on Baldwin Avenue being a business deterrent, he pointed out that it has not affected the volume of business of the West Arcadia shopping center, where one of the protestents has a business establishment. That the pictures and testimony of the appellants indicate the proposed building will be an asset to the neighborhood. He then commented on the fact that the shopping center at Santa Anita Avenue and Foothill Boulevard has not devaluated property values in that area. Mayor Reibold set forth two principles that he hoped the Planning Commission would adhere to; 1) that it is not their prerogative, or Council's, to decide the sufficiency of any particular business since, in the American form of free enterprise, economics determines competition; and 2) neither the Council nor the Planning Commission shall ever be in position of changing zones in order to affect land values, as that becomes special privilege which must not be tolerated. Councilman Camphouse then moved that on the basis of the information and evidence presented, Council not ac~ept the recommendation of the Planning 3. 9-15-59 I. . O~I"'l'{7 .>- I.... (Hearing - Zone Change - Continued) RECESS PERSONNEL BOARD ~D (Hayes lUD)l. Findin35~ 1 (Le ga 1 Service Payment) _"",I) }.~D~ J ~ t-t\ COMMUNICATION (Mrs. Chapps) ;l.~D~D J5~1 .. Commission and grant approval to'Bernard Berk and Ralph D. Stogsdill for a~ change of zone from R-l to C-2, PR-3 and D on property near the south- east corner of Las Tunas Drive and Baldwin Avenue. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold NOES: Councilman Balser ABSENT: None Mayor Reibold declared a ten minute recess. Mayor Reibold ordered filed the Findings, Conclusions and Recommendations of the Personnel Board in the matter of James Hayes, presented by the City Clerk. 1 Councilman Phillips suggested, with which Council concurred, that the Personnel Board is to be commended for the time and energy they spent in the deliberations and conduct of the Hayes hearing. Mayor Reibold then advised that a statement has been presented by Musick, Peeler & Garrett, in the amount of $885.00 covering their legal services for the period August 3, 1959 through September 8, 1959 in relation to the Personnel Board hearing on the James Hayes matter, and read in full the letter from said firm, signed by Mr. Gerald G. Kelly, transmitting said statement, which stated in part that the statement represents 17.75 Senior Partner hours spent in attending said hearings, doing research and preparation of the form of Findings, Conclusions and Recommendations. Mayor Reibold thereupon moved that Council authorize payment to Musick, Peeler & Garrett, in the amount of $885.00 covering their statement of September 8, 1959 in the amount of $885.00 covering their legal services in the matter of the James Hayes hearing, and that said sum be paid from Council's Contingency Fund. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The following comprises a full, fair and correct transcript of proceedings had in the matter of a communication dated September 4, 1959, addressed to the Council and received in the office of the City Clerk September 4, 1959, from Mrs. Charlotte E. Chapps, 334 East Huntington Drive, Arcadia, Calif.: MAYOR REIBOLD: Item 3 on the agenda is a letter from Mrs. Chapps who I notice is in the audience and again copies were made public in the press some week or so before the Council had them and each of the Council- men has a copy. Would you care to speak to the letter Mrs. Chapps? MRS. CRAPPS: Mr. Mayor, may I make a correction? The newspapers 1 did not receive the letter a week before Council had it. Council had it prior to the newspapers. Although I hope it won't be necessary at this time, I would really wish to reserve the right to address Council after your deliberations and before the file is closed. I am sure that Mr. Nicklin will confirm my legal prerogative to do so when the reason is justifiable. My purpose is to call your attention at that time to any factors which may not be brought out either from the audience or by Council members and which should be included in your consideration. Since the facts are all obvious, using this prerogative will save ,time and avoid repetition. Does this meet with your approval Mr. Mayor? MAYOR REIBOLD: There were some questions,that I had, Mrs. Chapps, as I read your letter, and I'm in rather a peculiar position in that the Personnel Board hearing was conducted with testimony under oath; since 4. 9-15- 59 04,7~i8 ,0, " there are essentially certain charges being made here, would you also be willing to answer our questions under oath? MRS. CHAPPS: Why yes, Mr. Mayor, of course I would. I don't know your purpose but I'd be happy to. MAYOR REIBOLD: I'm sure my purpose is only in the best interest of the employee. MRS. CRAPPS: As long as I can be sure of that. MAYOR REIBOLD: Mrs. Van Maanen, would you swear Mrs. Chapps in. 1 MRS. VAN MAANEN: Do you swear the testimony you are about to give is the whole truth and nothing but the truth so help you God? ,MRS. CHAPPS: I do. MAYOR REIBOLD: Thank you. In your first and your last paragraph you use the word "we". Is that the singular "I" form of the word "we", or is that meaning "other people"? MRS. CHAPPS: I will have to refer to the newspaper copy. I ran myself out of duplicates. MAYOR REIBOLD: Does anyone have a duplicate copy? MRS. CHAFPS: Would you like the City Clerk to read it? MAYOR REIBOLD: As far as I'm concerned.... MRS. CHAPPS: May I? MAYOR REIBOLD: Sure you may. MRS. CRAPPS: I think there are many people who haven't read it and if you're going to question me under oath I would like everyone to know what you're referring to. MAYOR REIBOLD: We can have the clerk read it if you wi~h. , MRS. CHAPPS: No I don't mind doing it. Thank you. "Honorable Mayor and Members of the City Council, Arcadia, California Gentlemen: 1 In view of the Personnel Board's findings on the matter of James Hayes' hearing, there is a phase of the entire deplorable incident, instigated by Mr. Lawrence Larson, which we respect- fully call to your attention. Mr. Nicklin stated that one of the charges against Mr. Hayes - that of jeopardizing the job of a fellow employee - was suf- ficiently serious to warrant the drastic demotion administered. The Personnel Board did not uphold this charge against Mr. Hayes, but did prove a charge exists against another employee. Other charges the Board refused to uphold were based on state- ments made by Mr. Larson, which none of the witnesses, except Mr. Larson, confirmed under oath. In making these statements without proof, Mr. Larson jeopardized not only Mr. Hayes' job, but his personal family life and social standing in the community. ' 5. 9-15- 59 r f 04:7~1g , .' 9} , Whether Mr. Hayes wishes to bring action for slander is a decision he must make. However, the character of our administrative staff is the concern of every Arcadian. Unless there is a separate code for City Hall personnel, what public reprimand and discipline will be administered to Mr. Larson for making unconfirmed charges against a fellow employee? Mr. Hayes, for a similar offense, was demoted from Captain to Patrolman. A comparable demotion for Mr. Larson would be from Controller to office boy. Obviously this would not be feasible, and there' seems to be only one alternative. This decision cannot be made by the City Manager in office at the time, who has since resigned. The matter cannot be 1 held pending until the appointment of a permanent City Manager, who would be unfamiliar with the facts and had not attended the hearings. In view of his personally expressed temporary status, it would be unfair to ask Mr. Lortz to take action, without a recommendation from the Council Members. We respectfully request that your views on the matter, and your recommendation to City Manager Charles Lortz be made public and a matter of record, at the Council meeting set for September 15th, 1959. Sincerely, (s) Charlotte E. Chapps Mrs. M. F. Chapps" MRS. CRAPPS: And now returning back to your question, Mr. Mayor, under oath, you wish me to explain who the "we" refers to? MAYOR REIBOLD: I didn't know whether you used the word "we" like a sovereign or a writer would use it, or whether you used..... MRS. CRAPPS: I'm sorry, I didn't think it showed. MAYOR REIBOLD: This time I got the dictionary. "We" is used for the singular "I" by kings and other sovereigns and by editors and other writers to keep an impersonal character or to avoid the egotistical sound of a repeated "I" and since there could be some question I just wondered which it was. MRS. CRAPPS: Mr. Mayor, then following your privilege I too will refer to the dictionary a little later. Right now, to explain that point, I think there are other people in the audience who are also interested who would be included in that "we". Would you like a show of hands or a standing vote? MAYOR REIBOLD: I am concerned at the moment only with one thing and that is the letter that you wrote which you signed as an individual. When you were signing it were you signing it as your own ideas as an individual or were you representing a group? 1 MRS. CHAPPS: For public record it was my own signature but it has opinions given to me by many other people. MAYOR REIBOLD: But technically not officially authorized? MRS. CHAPPS: You mean, did they sign the letter? Of course not, Mr. Mayor, we all know that. MAYOR REIBOLD: Then essentially it would be your opinion? 6. 9-15- 59 , ',.a.i/.- Oil ('f0 " MRS. CRAPPS: Yes, definitely. Now, referring to the dictionary again, Mr. Mayor, it seems we have a poet laureate in Arcadia City Hall and I'm sure many of you received copies.... MAYOR REIBOLD: From some of my anonymous letters I think we have several of them around. MRS. CRAPPS: Mr. Mayor, I never name to anything I I believe you're use Ilanonymous". write. quite right. To clear the records, I am perfectly happy to sign my MAYOR REIBOLD: I admire you for it. 1 MRS. CRAPPS: Thank you Sir. Now, may I quote to you from an anonymous letter that I received in the mail? MAYOR REIBOLD: Could we.... MRS. CHAPPS: I am proud of the fact that it was not a duplicate. MAYOR REIBOLD: to this? Could we for the moment just confine the questions MRS. CRAPPS: I didn't bring the dictionary out, you did. MAYOR REIBOLD: questioning .... But you quoted from an anonymous letter and we are MRS. CRAPPS: the poet laureate's a jewel". No, we are quoting from Webster - oh, I'm not reading work, no, no, this is entitled: "Consistency thou art MAYOR REIBOLD: I received a copy of that. MRS. CRAPPS: Oh you did? Would you suggest I read it if we are going to discuss Webster? MAYOR REIBOLD: We are not going to.... MRS. CHAPPS: Would you rather I passed it? MAYOR REIBOLD: I'd rather you passed it. MRS. CRAPPS: . Thank you. Do you have any other questions to ask me under oath, or shall we allow others to talk? MAYOR REIBOLD: In your first paragraph you said "In view of the Personnel Board's findings" - now, as you understand those findings, what was it they found? 1 MRS. CRAPPS: I had a copy of the findings but I believe you have too, Mr. Mayor. MAYOR REIBOLD: Yes. Would you tell us what you understand by that. MRS. CHAPPS: They found, I believe in the findings, they found that Mr. Hayes was guilty and not guilty. MAYOR REIBOLD: I tell you, I think both you and I, Mrs. Chapps, do not want to retry the Hayes case, but only as it concerns Mr. Larson. MRS. CHAPPS: Oh, no. But you were asking me what my interpretation of the findings were. According to this Mr. Seares' charges were upheld, but on page 3, 'it SllYS the following matters are not true: "That James Hayes annoyed employees in other departments with idle talk; That James 7. 9-15-59 ,04711 Hayes fraternized with women employees in the City Hall; That James Hayes told Chief of Police Robert S. Seares a deliberate lie and falsehood; That James Hayes attempted to implicate an innocent fellow employee. The Hearing Board decided these were not true and those were based on statements made by Mr. Larson. MAYOR REIBOLD: Not~, in your third paragraph, you say: "Other charges the Board refused to uphold" - I think it's'what you read. MRS. CRAPPS: That's right. MAYOR REIBOLD: Were those the charges, Mrs. Chapps? MRS. CRAPPS: PardonZ 1 MAYOR REIBOLD: Were those the charges? MRS. CRAPPS: Yes, of course. MAYOR REIBOLD: I don't believe that's definitely true. MRS. CHAPPS: Would you care to dispute what our .... MAYOR REIBOLD: The charges were... MRS. CRAPPS: Mr. Mayor, I won't offer to repeat some of the charges made by Mr. Larson which were attributed to be statements made by Mr. Hayes to women employees. Now I will frankly admit I was gratified to see that our City Attorney was downright nauseated to have to repeat some of the statements. I don't think you are going to ask me to repeat them? MAYOR REIBOLD: I have no intention. MRS. CRAPPS: Thank you. But those are the statements I am referring to. MAYOR REIBOLD: The purpose of my question was only to try to differentiate. I am trying to understand how you differentiate between charges and statements. MRS. CRAPPS: Would you confine it are included in the statement of charges. the witness stand under oath. to statements then? The charges The statements were made on MAYOR REIBOLD: The precise language of the findings are: "The following matters are not true". MRS. CRAPPS: Yes, that's right, and those matters were set out by statements made by Mr. Larson. MAYOR REIBOLD: Which were two in number and were found to be true 1 and in certain other things they also found to be true, were they not? MRS. CRAPPS: Mr. Mayor, I think we are monopolizing the conversation, you and I. Perhaps some of the other people in the audience, or some of the Council members would like to have their... MAYOR REIBOLD: If any of the others... MRS. CRAPPS: I don't wish to... MAYOR REIBOLD: If any of the others MRS. CRAPPS: I don't wish to be MAYOR REIBOLD: Ask a question. In your fourth paragraph, "Unless (and under quotes) there is a separate code for City Hall personnel", now, who did you mean when you said "City Hall personnel"? 8. 9-15- 59 :O~,742 MRS. CRAPPS: Anyone in City Hall. We were told that the code for the Police Department was violated by Mr. Hayes in jeopardizing the job of a fellow-employee. Now obviously it would seem that the same code applied to City Hall personnel, or if there is a separate code. MAYOR REIBOLD: When you use the word "City Hall personnel" then you are referring only to those people whose normal... MRS. CHAPPS: Yes. We felt, referring to him as a police officer... MAYOR REIBOLD: Such as the Controller, such as the City Clerk, such as the Treasurer? 1 MRS. CHAPPS: Such as the Controller, Mr. Mayor. MAYOR REIBOLD: Such as the stenographer? MRS. CHAPPS: Such as the Controller, ~~. Mayor. MAYOR REIBOLD: I just want to make sure whom you meant. Now later on in your fourth paragraph you say: "Obviously this would not be feasible, and there seems to be only one alternative". What is that alternative as you mean it? MRS. CRAPPS: I don't think that's even very subtle. course. You cannot demote a Controller to office boy: the not be commensurate. Dismissal, of salary would MAYOR REIBOLD: Then what you are asking is for Mr. Larson's dismissal? MRS. CRAPPS: I believe that only with Mr. Larson's dismissal will James Hayes' name be completely cleared of the smear campaign, yes. So long as he remains he is a potential threat to every City Hall employee, that unless they kow-tow to Mr. Larson they can expect the same campaign against themselves without any retaliation to ~~. Larson for making them when they are disproven. MAYOR REIBOLD: matter cannot be held I have not quoted the until the appointment In your next to last paragraph, you say: "This pending the appointment of a new City Manager". last part correctly - "..it cannot be held pending of a permanent City Manager." MRS. CRAPPS: That should be logical and obvious. MAYOR REIBOLD: Now, under the City Charter, I think you realize that we are not supposed to interfere in this matter. 1 MRS. CRAPPS: Oh yes, but also in there I have pointed out that there is an exception here. We don't have a City administrator who would be in a position to take action. MAYOR REIBOLD: Why wouldn't Mr. Lortz be able to take action as well as anyone else? He is a full-fledged City Manager, not even a temporary title attached to him. MRS. CHAFPS: If Mr. Lortz so desires, and if you wish to refrain from making any recommendation on record by all means we don't mind; but is it fair to Mr. Lortz, who expects to return to his position as a Public Works Administrator, to ask him to take an action while he is temporarily sitting in that chair? MAYOR REIBOLD: As a matter of prohibited from interfering directly appointments. fact, by Chatter we are specifically or indirectly with any of his 9. 9-15- 59 I 1 04743 ~ms. CHAFPS: l1r. Mayor, it was brought out at the hearing that Mr. Larson stated that two of the councilmen had been consulted by him and Mr. Cook before deciding what disciplinary action was going to be taken against Mr. Hayes. Now Mr. Mayor, you were out of town, I know. I don't think we have to ask where Mr. Jacobi stands. He has made his opposition to the whole disciplinary action quite obvious from the begin- ning. If any of the other three would care to make a statement as to whether or not they were one of the two I would be glad to relinquish the floor to them. However, if no such meeting was held, then Mr. Larson accused two of the members of a violation of that bylaw. Isn't it showing poor judgment also, or is it a dictatorial show of power? MAYOR REIBOLD: Mrs. Chapps, I am not familiar with your reference there. What is the reference of the two councilmen? Please tell us. 1 MRS. CHAPPS: Mr. Larson informed Jackie Warner that two council members had been consulted by Mr. Cook and himself before disciplinary action was taken against ~~. Hayes. Now you just told us Mr. Mayor, that this is a violation and Mr. Larson thereby accused two of you councilmen of violating. Either he was lying and showing poor judgment, or there was a violation. If there was a violation, why then are we becoming so very strict now? MAYOR REIBOLD: It could possibly have been that maybe Jackie Warner didn't understand what Mr. Larson said. MRS. CHAPPS: I think she did, Mr. Mayor, and I believe you do too. MAYOR REIBOLD: I think the facts of the case are, Mrs. Chapps, that Mr. Camphouse was in the mountains, I was in the east, I'm pretty sure that Mr. Jacobi would not have moved in this direction, and I will ask Mr. Phillips, and, if you prefer, under oath, or I will answer under oath, whether or not we in any manner interfered directly or indirectly. MRS. CHAPPS: I would definitely like that because then we would again show Mr. Larson showing poor judgment. COUNCILMAN PHILLIPS: First I think I would like to state that my recollection of the testimony was that Jackie Warner said that Larson did not say "two councilmen". However, on the day, whatever day it was, I was called by the City Manager Larry Cook, and I was asked, I was told that there was a problem, and I was asked if I cared to comment. I referred Mr. Cook to the Charter. He told me what the problem. was. I again referred him to the Charter, and I said to Mr. Cook: "If in your opinion as an administrative and executive officer of this city, action must be taken, this is your decision." Practically my exact words. MRS. CHAPPS: I believe that, Mr. Phillips, so therefore, Mr. Larson did make a statement which wasn't technically true to Jackie. MAYOR REIBOLD: May we hold that thought while I try to do one thing at a time? I' MRS. CHAPPS: Oh, you're doing quite good. COUNCILMAN BALSER: I did not have a conversation with the City ~~nager or Mr. Larson regarding this case. ~~YOR REIBOLD: There was a great deal of discussion after that statement was made, Mrs. Chapps, and if you want me to answer it, I didn't even know it until I heard it long after.... ~ms. CHAPPS: Incidentally, Mr. Hayor, we, and again I use the word' to indicate that there have been rumors, we have been wondering why such a matter, which was bound to cause controversy, couldn't wait three days until the Mayor got back to town. 10. 9-15- 59 " , i, ' 04744 MAYOR REIBOLD: I think it happened - what was the date? MRS. CHAPPS: On the 4th, on' the 3td. MAYOR REIBOLD: I arrived ,bilc!<',on"the 14th or the 13th. MRS. CRAPPS: Oh, I believe you were due back the following Wednesday. MAYOR REIBOLD: It was on the 14th. It always was the 14th. MRS. CHAPPS: At any rate within a reasonable length of time. 1 MAYOR REIBOLD: BUt I will tell you this, that there was a great deal of discussion over that matter and I believe that Mr. Larson used the word to refer to Mr. Cook as his counselor, meaning the use of the' word as an attorney because you know - will you listen to me? I listened to you. MRS. CRAPPS: I haven't said anything. MAYOR REIBOLD: But you're shaking your head awfully hard. He used the word "counselor" in the sense... MRS. CRAPPS: Mr. Camphouse, more fun than when you were sitting there. MAYOR REIBOLD: In the sense of an attorney, and I believe that Mr. Larson used the words that he would have to talk it over with his counselor, or the counselor, or something like that, and I think Jackie in all honesty thought he said "Council". MRS. CHAPPS: I'm sorry, Mr. Mayor, but I'm afraid that doesn't go over. That doesn't even make logic. MAYOR REIBOLD: Well, we have to find the councilman. Now would it have been a councilman from another city? 1 MRS. CHAPPS: No, but I believe no such councilman existed except again - you know, Mr. Mayor, there are two rumors going around the town and the one of course is that it was a deliberate and preconceived plot to eliminate a captain, and the other is that this was a vindictive action on Mr. Larson's part to indicate authority which is not rightfully his in City Hall. Now, many statements were made which that would bear out, yes, but whether or not either rumor is true or none of them, the point still remains that very many actions of Mr. Larson have shown poor judgment. Now if Council condones what he has done, then you are obviously condoning his entire action throughout. So long as he remains he is a threat to everyone in City Hall, that they have either got to kow-tow or else, and I do not believe that we can completely clear Jim Hayes. Unfortunately not everyone attended those hearings, Mr. Mayor. And not everyone... MAYOR REIBOLD: Mis. Chapps... MRS. CHAPPS: Read the entire story in the right paper. MAYOR REIBOLD: Mrs. Chapps, Mr. Roach will you take a bow in the rear there? MrB. Chapps... MRS. CRAPPS: In fact there was an outright misquote, Mr. Roach. MAYOR REIBOLD: He has a big smile. MRS. CHAPPS: It wasn't my idea standing here, Mr. Mayor, it's yours. MAYOR REIBOLD: During the time that Mr. Anderson was the City Attorney, pardon me, the City Manager, we changed our method of operation 11. 9-15-59 .\<0&74::> ~\"\ _. from ol<ning, rather I should say, leasing the police cars to owning them. At the time that that change' was made Mr. Jacobi brought a great deal of pressure on Mr. Anderson to have the contract for their maintenance given to your garage. Now, do you.... MRS. CHAPPS: To what? COUNCILMAN JACOBI: I resent that. MRS. CHAPPS: I do too, we wouldn't take it. MAYOR REIBOLD: Oh? 1 COUNC fLMAN JACOBI: Oh boy. MRS. CHAPPS: Mr. Mayor, I think this is downright ridiculous and childish and I've never heard anything like it. The Chapps Automotive Service has never tried to solicit any business from anybody in City Hall or Police Department or anywhere else, and if I am here, may I point out to you why I am here, yes I do expect to gain something from this, me and everyone of those people who are here tonight and everyone of the 720 people who signed that petition, and all those people who sat through those hearings, if we let any of the police force from the Chief down to the newest patrolman feel that they must kow-tow to anyone in City Hall or else expect to be smeared, then we no longer have the right to come out here tonight and say what we think to you, because we would be in a police state. We can only expect justice from those policemen so long as they can depend on us to support them when any injustice is committed. I think that remark'was rude and childish, ~Ir. Mayor, and I do expect an apology as a lady, if nothing else. I'm afraid we have gone completely away from parliamentary procedure but you asked for it. Now, do I get the apology? Or show proof where Chapps Automotive Service solicited any business from anybody in the City. MAYOR REIBOLD: You recall, Mrs. Chapps, my statement was that Mr. Jacobi brought pressure on Mr. Anderson to have the work, the maintenance work done... MRS. CHAPPS: Have you any proof of that? MAYOR REIBOLD: Ask Mr. Jacobi. COUNC ILMAN JACOB I : call him that again, only I never did it. I earlier this evening called a man a liar. I'll I'll call it out in Council. That is a damn lie. MRS. CHAPPS: Jim'Hayes; how much how much opposition campaign right back I'm not acting like apology? Mr. Mayor, we're talking about a smear campaign aga~nst, defense can you expect any of us to give to anybody, can we dare take if we can expect that kind of a smear on ourselves? I have completely lost my temper and a lady and I'm proud of it. Now, may I have that MAYOR REIBOLD: If I have offended you personally I apologize. did not mean to do that. I 1 MRS. CRAPPS: You may apologize to Chapps Automotive Service too. They still don't need any business from C~ty Hall. We're still doing fine. Now do you have any other questions, and, believe me, that this was still all under oath that I have said. Let us remind you of that. MAYOR REIBOLD: Yes... MRS. CHAPPS: Now, may we ask what you are going to do about Mr. Larson? Let's not deviate from why I'm here, why I have allowed myself 12. 9-15- 59 ',,:, OfC"lib" . _. (-r. to be subjected to this. COUNCILMAN PHILLIPS: Does Mrs. Chapps wish to ----the micraphone? MAYOR REIBOLD: First---does anyone have any questions? Any questions Mr. Balser? COUNCILMAN BALSER: No questions. MAYOR REIBOLD: Mr. Jacobi? COUNCILMAN JACOBI: Yes, I have a question on your statements. 1 MAYOR REIBOLD: I asked, do you have a q~estion. COUNCILMAN JACOBI: No, not of Mrs. Chapps. MRS. CHAPPS: Do I still retain the right to come back here if any statements are made which are not factual? This seems to be the evenin& for it. COUNCILMAN PHILLIPS: Mr. Mayor, I think that for quite some time now there has been a lot of the business of Arcadia being run on innuendo. I think that it is time for this Council to stand up and be counted and to take into full account innuendo. It is completely customary to file a bill of particulars against any individual, whether he is an employee or whomever he might be, a bill of particulars that is substantiated. This Council would welcome in regular judicial order evidence of any kind whatsoever presented to it about any member of the City administration to the City Council. In my opinion, this is a personal opinion, Mr. Larson is an excellent and an A-No.1 Controller. If he has faults they are probably because he runs a very tight shop. Any executive that runs a tight shop must have people that dislike him. If you are easy-going this is very easy, to be liked. In my personal opinion, unless a bill of particulars that are substantiated can be presented in written form to the City Council to be considered against any individual by the City Manager, probably it ought to be presented legally to the City Manager, we would certainly welcome it. I, myself, want to give Mr. Larson my personal vote of confidence. MAYOR REIBOLD: Anyone else wish to be heard? 1 COUNCILMAN BALSER: Mr. Mayor, I have only been a member of this Council about a year and a half. I have studied diligently the Charter when I took office. I can't answer for some of the faults Mr. Larson may have in his office. Certainly that, the way I interpreted that, that is a responsibility of the City Manager to administer the details of the job. However, I have had contacts, close contacts with Mr. Larson on numerous occasions, especially two budget periods where we worked many hours, and I would have to say that he, in my dealings with him, were honorable, he was efficient and I thought a very effective controller and I certainly would not in any way, shape, manner or form, go along with any idea of a dismissal recommendation. COUNCILMAN CAMPHOUSE: Mr. Mayor, before I add my comments to that of Elton's and Jess' I would like to answer one question which was raised prior, just for the record and for the sake of the fact that my fellow colleagues might understand; when you refer to the term, and I'm not debating anybody, I'm just passing this information on to the Council, when you refer to the term of consulting you also infer that you are discussing it, that you are relating the incident and you might, use the expression "trying it on for size". Mr. Cook, in addition to calling Phillips, called me, and stated the problem. In fact he called me twice. My answer to Mr. Cook was the same as,it was similar to the one Elton made. I said: "I cannot tell you what you can do, you know the Charter 13. 9-15- 59 0~717 as well as I do." I said: "If you have,' if you know what you','re doing and know what the facts that you have, then you make your decision. I appreciate being consulted on the fact of what's going on, get abreast of the situations so that somebody wouldn't say to me 'did you know what happened'." And I told him that I appreciated being contacted and the incident related to me, but I did not tell him what to do because I realized that was not my prerogative. I too feel as Elton does, that unless presented in affidavit form a bill of particulars, I have nothing else, no other basis on which I can make any recommendation to anybody for anybody's dismissal. I feel that I 'have dealt with the staff here on budgets and everything else. I'm acquainted with the profession as it relates to the Controller and I feel that our Controller is able, competent and he might err in the fact that when you try to run a tight ship, as Elton referred, mentioned, you're going to walk on somebody's toes, but I certainly give my support to the staff and administration. WH!I MAYOR REIBOLD: Well, I would say I believe only this, I surely subscribe to essentially what you gentlemen said. On the other hand I be equally honest and that is, if someone can come forward with affidavits that will, beyond any shadow of doubt, demonstrate that there was an immoral act, because that's what all is being alluded to, then I am sure that the Manager will act and act quickly. MRS. CHAPPS: Mr. Mayor, may I point out that no such affidavits were requested when Larson made the charges against Jim Hayes. They have to be brought out in public smear campaign in the newspaper. MAYOR REIBOLD: May I finish please? I think actually as we look back on the Hayes, I don't know what the correct word is, "incident", "event", "unfortunate incident", ,that there was probably at the same time four things taking place. The first thing that was taking place was the Hayes case per se. Mr. Hayes did or did not do certain things, and if he did do them, he was either punished too much or too little for them. The second thing that I think that was taking place, which is confined entirely within the city employee body and its management and its Council, was that there was some resistance to the authority that a manager and a department head has vested in him under the Charter. It was not accepted by all people, that a department head, particularly one removed from one's own immediate department, could request that a person's conduct be changed, making that request of the immediate department head supervisor. The third thing that I believe that is taking place, that there is, maybe not intentionally, a small group of people in this town, an extremely small group of people, who attempted to use the so-called Hayes case as a vehicle to discredit the entire official city family, which I will define as your elective officials, down to department heads, cutting off there because there you go into the classified service; and I think there was a fourth thing taking place, just a little bit maybe, and it's a natural thing, it's the outgrowth of our change in form of government. There probably still exists small islands of resistance to the manager form of government. Some people still would like to have special political privilege in the sense of having their political electeel dip down into the administrative service in order to have things done one way or the other. I do not believe it's serious. I believe it is understandable, because that's the way we operated for years and years, but I think that we would be amiss intellectually if we didn't recognize occasionally that could happen. As far as the matter at hand is concerned, do we need a motion, or what is the proper disposal of this? Do you care to----Mr. Jacobi? COUNCI~~ JACOBI: Yes I would. With reference that I tried to get a job for someone in this town, that's a damn lie and you can print that in the paper as far as I'm concerned. Not only that, but when this City purchased their own cars there was a saving to this City of around about a thousand, I'm not quoting the exact figures, but around a thousand 14. 9-15- 59 I RESOLUTION No. 3167 UIDEXE~ RESOLUTION No. 3168 I .llWEXED ( - , ()~"'''i'18 _. (-r. dollafs, and I get hell for that because I voted for it and fought for it. Not only that, this trial cost you people out there and me and everybody else that pays taxes,around $1125.00 - for what? Because it wasn't handled properly, that's why. That's all I've got to say. COUNCILMAN PHILLIPS: Mr. Mayor, I think in order to have it official, but before I make my motion, it was alleged by Mrs. Chapps just now that we made a public smear campaign of it. The Charter provides that the aggrieved employee may seek redress' before the Personnel Board and he' has the election, and he solely the election, of a public or a closed hearing. Mr. Mayor, for the record, I move that the letter be filed. COUNCILMAN BALSER: Second the motion. MAYOR REIBOLD: Call the roll. CITY CLERK: Balser - Yes, Camphouse - Yes, Jacobi - No, Phillips - Yes, Reibold - Yes. The City Attorney presented, explained the content, and read the title of Resolution No. 3167, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS LEE AVENUE." Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3167 be waived: AYES: Councilmen Balser, camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3167 be adopted. Motion seconded by Councilman camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3168, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RESCINDING REJECTION OF OFFER OF DEDICATION FOR STREET PURPOSES AND ACCEPTING SUCH OFFER OF DEDICATION FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS LOGANRITA AVENUE." Motion by Councilman Camphouse, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3168 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that Resolution No. 3168 be adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None AIlSEt\T: None 15. 9-15- 59 . ~' o~74g RESOLUTION No. 3169 U1DEXED ARCADIA BOI~L ING COURTS INDEXED j '9~ ~ ZONE VARIANCE (Schavoni) INDE./GD j ~/l1 ,/ The City Attorney presented, explained the content and read the title of Resolution No. 3169, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOIVN AS LOGANRITA AVENUE." Notion by Councilman Balser, seconded by Councilman Jacobi and carried on roll call vote as follows that the reading of the full body of Resolution No. 3169 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Camphouse and on roll call vote as follows that Resolution No. 3169 be adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None om<<' I Request of Mr. Dexter D. Jones, as attorney for Arcadia Bowling Courts, Incorporated, for amendment of its agreement' with the City, dated April 29, 1958, to allow them to serve beer only on the bowling concourse and to allow them to construct a doorway between the bowling courts and cock- tail lounge for access of waitresses to serve food on the bowling concourse and that the business license of applicant be amended to conform to said request. Councilman Phillips stated that this request for the service of beer only differed from a prior request, denied by Council, made by this and another bowling court for permission to serve liquor, beer and wine on their bowling conco.urses, and that he moved that Council grant the request of Mr. Dexter D. Jones as attorney for said Arcadia Bowling Courts. Councilman Camphouse added that this was no.t a change of position; that the other application was made by two bowling courts; that the permit to construct the building of the court not included in this request had been granted on the basis of certain restrictions, and that in fairness to the residents of the area in which that particular bowling court is located he could not agree to change their permit; that in this instance Council has made no such commitments or promises to the residents of this area similar to the other and on that basis and the fact that this request is for the serving of beer only, he s~conded the motion. The City Attorney suggested the following addition to the above motion be made: "....that the current calendar permit for the operation of the Arcadia Bowling Courts be amended accordingly". Councilmen Phillips and camphouse agreed that this addition be made to. their mo.tion. Said motion was then carried on roll call vote as follows: AYES: Councilmen Camphouse, Phillips, Reibold NOES: Councilmen Balser, Jacobi ABSENT: None I Planning Commission Resolution No. 343 recommending denial o.f application for variance to. permit additional dwelling at 141 West Colorado Boulevard. An appeal from said decision of the Planning Commission having been duly filed by applicant and said matter requiring a public hearing, Councilman Balser moved that the hearing be scheduled for December 1, 1959. Motion seconded by Councilman Jacobi and carried unanimously. 16. 9-15- 59 1~,~~fJJ .ftI5'1 LOT SPLITS No. (Final),j~&S- No. 1.~l)'E>z:s.D LOT SPLIT No. 264 (Tentative) ~ l~?~ )- I LOT S PUT No. 246 (Tentative) LOT SPLIT No. 262 INDEXCD ~~1< I q45tl59 Motion by Councilman Balser, seconded by Councilman Camphouse and carried unanimously that Council accept the recommendation of the Planning Commission and indicate its intention to approve Lot Split No. 264 - George W. Williams, 35 East Camino Real Avenue, upon compliance with the following conditions: 1. File a final map with the City Engineer 2. Pay $25.00 recreation fee 3. Pay the trust established by Tract No. 24350 in the amount of $2,038.30 plus interest. The City shall dedicate the strip covered by the trust for street purposes. 4. Remove the block wall along Louise Avenue or make it conform with ordinance requirements' 5. C~nstruct a new door to provide adequate access to the existing garage. 6. Remove all buildings from Parcel 2. Motion by Councilman Balser, seconded by Councilman Camphouse and carried unanimously that Council accept the recommendation of the Planning Commission and indicate its intention to approve Lot Split No. 246 - W. A. Angel, 1709 'Claridge Avenue; upon compliance with the proposal of the owner to acquire a triangular parcel 10 feet wide ,on the west end by 82 feet deep. 219 - Johanna M. Wenz, 1820 South Santa Anita Avenue 259 - C. Van der Stad, 1715 South Santa Anita Avenue Motion by Councilman Balser, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Director of Public Works and the Planning Secretary and that final approval be granted the lot splits as set forth above as all conditions imposed have now been met. Bernard Berk, 541 and 547 Workman Avenue. Councilman Phillips stated that this requested lot split was held on Pending Agenda awaiting Council's action on the requested zone change of Bernard Berk and Ralph D. Stogsdill held 'earlier that evening, and that since Council voted to approve said zone'change, he moved that Council approve Lot Split No. 262. Councilman Camphouse seconded the motion. The City Attorney suggested that as the Planning Commission had recom- mended denial of said lot split the normal appropriate conditions had not been tendered Council. Whereupon Councilman Phillips withdrew his motion and Councilman Camphouse withdrew his second. Councilman Phillips then moved that Lot Split No. 262 be referred back to the Engineering Department for due processing and recommendation of applicable conditions if it be granted. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Further discussion ensued and, in answer to a question from the audiencc, the City Attorney explained that interested parties are entitled to be heard on any matter that is on the agenda; that this lot split was on the agenda at the last meeting and is not being acted upon at this time because it is being referred back to the Enginecring Department for recommendation of applicable conditions if thc lot split is granted; that the questioner is at liberty to check with the Staff as to what 17. 9-15-59 O~7jl ZONING (Live Oak) IUDEXED ~~<t J TRACT No. 22862 1J~DEzJ.D ~ G9, \ the conditions might be and then, when the matter is placed on the agenda, which will probably be at the next Council meeting, interested persons may be heard. Councilman Camphouse thought that, in view of the fact that discussions held earlier that evening, relative to the Berk-Stogsdill zone change, are fresh in Council's mind, it would be appropriate to render a decision regarding the said lot split at this time. Mr. L. M. Talley, Planning Secretary, advised that the application for the lot split was made contingent upon the granting of the zone change but that since the Commission recommended denial of the zone change they also recommended denial of the lot split, and for that reason the applicable conditions were not presented to the Council; however, that the conditions are prepared and on record in the Planning Commission's files. .1 Whereupon Councilman Phillips moved that Council grant Lot Split No. 262 Bernard Berk, 541 and 547 Workman Avenue, subject to the conditions on file in the engineer's office and contained in its recommendation to the Planning Commission. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold NOES: Councilman Balser ABSENT: None Planning Commission Resolution No. 346 recommending zoning to be applicable to property included within Live Oak Avenue Annexation No, 19. This matter requiring a hearing prior to the protest hearing scheduled for October 22, 1959, upon recommendation of the City Attorney, Councilman Phillips moved that the hearing on the zoning of property annexed under Annexation No. 19 be set for October 6, 1959 at 8:00 o'clock P.M. and that the City Clerk give proper notice thereof. Councilman Camphouse seconded the motion and it was carried unanimously. Planning Commission recommendation for approval of Revised Tentative Map, subject to specified conditions. The City Clerk read in full a communication dated September 13, 1959, signed by Mr. William H. H. Reeder of 1444 Oaklawn Road, protesting the tract layout because the lots are smaller than those in most of the surrounding neighborhood and suggesting that the proposed subdivision be referred back to the Planning Commission until the subdivider and the petitioning property owners come to a mutual understanding as to a desir- able lot size. Also that a continuance was requested at the last Planning Commission meeting because some of the petitioners were not able to be present. Although this was not a public hearing Mayor Reibold permitted the following persons to address the Council with regard to this tract: I Mr. Fordyce Cowing, 1457 Oaklawn Road, suggested that the matter be returned to the Planning Commission to afford the surrounding property owners and the subdivider a further opportunity to attempt to negotiate an equitable solution for all concerned; that in the opinion of said property owners, although they are aware of the City's minimum require- ments with regard to RO zoning, the proposed seven lot subdivision will be an overdevelopment of the land in question and might set a dangerous precedent for future development in that area. Mr. Dexter Jones, attorney for the subdivider, stated that there ~as about 1000 square feet difference in the size of the lots in the proposed subdivision and many lots in the area; that the homes proposed to be built in the subdivision will consist of approximately 2400 square 18. ,9-15- 59 (Tract No. 22862 - Continued) INDEXED I " A ~ I ~ O&~~) _(u- , feet whereas deed restrictions require only 1800 square 'feet and the lots in the proposed subdivision are allover the minimum requirement of 15,000 square feet; also that it would not be economically feasible to build less than seven houses in the subdivision as the higher cost of fewer houses would not be warranted in that area. Councilman Camphouse felt that some of the City's basic zoning ordinances in certain areas ~~e too lenient in that, they do not incorporate enough land to maintain certain standards but that in this' situation, since the subdivider has complied with all the requirements, Council has no alternative but to approve the tentative map; however, that he felt additional time could legally be taken for further study. To 'which the City Attorney replied that the State Subdivision Map Act requires approval of a tentative map within a certain number of days after its submission; that the time can be extended only with the consent of the subdivider, who has done so twice in this case, and that if additional time is not granted by the subdivider Council has approximately between ten to fifteen days in which to decide. That he would suggest, as a solution, that if the Council feels further restrictions are necessary, that Council call an adjourned meeting in order to adopt an urgency measure to change some of the requirements and freeze the situation pend- ing Council's study. At this point the attorney for the subdivider stated that he would not concede another extension, nor would his client compromise on anything less than seven lots; also that he doubted if Council could pass any emergency ordinance and make it retroactive beyond the filing of the application. The City Attorney then continued, that if Council takes no action at this time and does not move for an adjourned meeting, the tentative map will be deemed to be approved, and the effect of tentative approval is that the subdivLder may proceed to complete the subdivision, and so long as he complies with the provisions of the tentative map, Council can impose ,no appreciably onerous changes in any final map that may come before them. Mayor Reibold stated that it was his opinion that so long as the proposed tract complies with all the City's requirements, Council has no alterna- tive but to approve; that he is not sympathetic to an emergency ordinance designed for a situation such as this because it involves a great amount of RO zoned property and that some of the owners of RO properties might not wish to change. Mr. Herbert B. Winslow, 1418 Oaklawn Road, then addressed the Council, stating in part that the property owners have several alternate proposals to offer the subdivider which, from an economic standpoint, would result in approximately the same return to him, and for that reason further negotiations would be mutually beneficial and in the interest of good planning. Mr. J. B. Early, 1426 Oaklawn, suggested that the restrictionary require- ments include approval by an architectural, committee. He was advised that this was No.9 of the Planning Commission's recommended conditions. Mrs. Ruth Reeder, 1444 Oak lawn Road, suggested that the matter be referred back to the Planning Commission on the basis that the back yard require- ments be changed to at least 75 feet from the rear of the residence to the property line and also,that the subdivider build a block wall. It was Councilman Phillips' opinion that the lots in the proposed tract are substandard and do not approach a reasonable standard of the area, but that Council has no choice but to approve the tentative map of the tract ~ince it complies with all City ordinances; that an emergency measure on RO zoning would be too drastic and not agreeable to all concerned. 19. 9-15-59 , o 47t>3 (Tract No. 22862 - Continued) ~ RECESS STREET IMPROVEMENT lNDE)Ol.D J5~/1/ RESOLUTION No. 3171 )'2Zr' lND~D Councilman Camphouse agreed that he did not believe an emergency ordinance would accomplish the desired results, but that he preferred not to vote at this time, which would indicate that he was not in 'favor of the tract. Councilman Phillips then moved that Council accept the recommendation of the Planning Commi~sion and approve revised tentative map of , Tract No. 22862A, subject to the following conditions: 1. Remove the existiJg 2 story dwelling and its accessory building. 2. Remove all trees and shrubs from the street right of way. 3. Dedicate a 5 foot planting and sidewalk easement along Orange Grove Avenue within the tract. I 4. Provide a drainage easement satisfactory to the City Engineer. 5. Install all street improvements required by the subdivision Ordinance and the City of Sierra Madre: 6. Pay all fees and deposits required by the subdivision ordinance. 7. Provide necessary rear line utility easements. 8. Provide a sewer easement satisfactory to the City Engineer. 9. It is suggested that an architectural committee be appointed to approve all building plans to protect the surrounding properties. Mrs. Marie Tudor Szakaf, 530 West Orange Grove Avenue stated that the front of her property would face two back yards in the proposed subdivision and that although she had requested the subdivider to erect a block wall he had refused, to which Mr. Carizio, the subdivider, replied that he intended to erect either a redwood or grapes take fence but that a block , wall six feet high and over 400 feet in length would tend to give the residents in his subdivision a feeling of claustrophobia. Councilman Balser stated that he felt the subdivider has indicated a desire to cooperate with the surrounding property owners, and that he seconded the motion, which was then carried on roll call vote as fo llows : AYES: Councilmen Balser, Jacobi, Phillips, Reibold NOES: None ABSTAINED: Councilman camphouse ABSENT: None Mayor Reibold declared a five minute recess. Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call ,vote as follows that the Council accept the recommendation of the Director of Public Works and authorize by resolution the allocation of $6000.00 from the Los Angeles County Road Department for the improvement of Colorado Boulevard between Santa Rosa Road to Colorado Place: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None I Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3171, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE IMPROVEMENT OF A PUBLIC STREET IN SAID CITY OF ARCADIA." Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3171 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 20. 9-15-59 (Resolution No. 3171 - Continued) I SEWER BONDS (Lost) ~,~~ 1.UDEXED , ""'~t.'4' , ' ",Ir\ ,,~, , . U Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that Resolution No. 3171 be adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that Council, in conformance with the ~egulations of the Government Code covering lost or destroyed bonds, accept the recommendation of the City Treasurer and authorize her to issue new 1911 Act Street Improvement Bonds as outlined and upon the conditions stated in her communication to the Council dated August 28, 1959, to Mrs. Gertrude Lipsy, whose duly executed affidavit covering the loss of such bonds is on file in the office of the City Treasurer: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None POLICE INDEXED Motion by Councilman Phillips, seconded by Councilman Balser and carried (Number of on roll call vote as follows that Council accept the recommendations of positions,J,. the Chief of Police as covered in his letter of September la, 1959 and and J 1?.-.'l~~ (a) instruct the City Attorney to draw a resolution incorporating the recent James Hayes' findings of the Personnel Board with regard to the number of authorized Salary) , Police Department positions as follows: INDEXED ~t\\ Captains - from 4 to 3 Sergeants - from 6 to 7 Patrolmen - from 38 to 37; and (b) authorize the City Controller to pay to James Hayes the difference between the salary of a Step E Patrolman and a Step E'Sergeant from July 3, 1959 to the effective date of his appointment to the rank of Sergeant: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that Council authorize the attendance of Clifford C. Pollock, Personnel Officer,at the International Conference of the Public Personnel Association being held in San Francisco from October 4 to 8, 1959, this conference being specifically provided for in ~UDEXED ~ the current Personnel Budget: I ..- l'~ AYES: Councilmen Balser, camphouse, Jacobi, Phillips, Reibold r. ~' NOES: None (}.I ABSENT: None PERSONNEL OFFICER (Conference Attendance) BOARD OF Mayor Reibold ordered filed the notice received from the Los Angeles SUPERVISORS County Board of Supervisors relative to the incorporation of Temple City, (TemPle~~D~~~~as it was found that the boundary description included in the City) ~'~~LfP modification does not encroach on the area concerning the City of Arcadia. /{', 1'J!t~ COUNTY {{', ~MaYOr Reibold ordered filed the notice received from the County Boundary BOUNDARY ~ Commission that the City of Monrovia has filed annexation proposal No. 34 COMMISSION 0: ( as it has no effect on Arcadia. 21. 9-15-59 0, 0.1"'11.-,.,. .:.!: t Ul.} AUDIENCE PARTICIPATION CARMEN DE LEO Mr. Carmen DeLeo addressed the Council, stating in part that although, prior to purchasing the property at 1031 El Sur Avenue, he had been informed by the'Building Department that he could rent the second house on his property, he could not now secure a permit to build an addition to one of the houses unless he submitted an affidavit to the effect that he would not rent the second house. UiDEXED 0~ t" The Di~ector of Public Works advised that the request was filed with the Modification Committee for a modification of yard requirements, at which time a covenant was made a condition of the modification that Mr. DeLeo did not at that time plan to rent the second house. I The City Attorney advised that the City Ordinance prohibits two dwelling, units On a single R-l lot; that if two dwelling units were lawfully constructed at a time or under circumstances which then were legal, the 'two dw~llings may be continued but structural alteration or addition to a non-conforming building is prohibited. Since the Council was not in possession of all the pertinent facts relative to this matter, Mayor Reibold requested the City Manager to check the Matter and report back to the Council at the next meeting, and th~ City Manager advised Mr. DeLeo that he would be contacted. MATTERS FROM CITY OFFICIALS IMPROVEMENT OF BALDWIN AVENUE (Bids - 10-5-59) INDEXED j sVt;Y PERSONNEL BOARD INDEXED (Asst;,q, )l>~' Civil.;r- ~ Engineer) TREE REMOVAL REQUEST (Strutzenberg) lNPEZl>~ rt:7:? J. H. HOEPPEL lNDEXED S12 - 'P~ {JJJ- e~ Motion by Councilman Phillips, seconded by Councilman Camphouse and carried unanimously that Council accept 'the recommendation of the Director of " Public Works; that the plans and specifications for the improvement of Baldwin Avenue, between Hampton Road and Orange Grove Avenue be approved as submitted; that the City Clerk be authorized to call for bids for such improv~ment work in conformance with said specifications, expenditure for same b~ing provided by budgeted State and County Gas Tax funds, and approval having been received from the State Division of Highways to advertise for bids; said bids to be opened October 5, 1959'at 11:00 o'cloCk A.M. and a report made to Council at the October 6, '1959 Council meeting. Due to the scarcity of, and difficulties involved in, hiring an Assistant Civil Enginner at the $511.00 A step of the current salary SChedule, Councilman Phillips moved, seconded by Councilman Camphouse. and ca~ried unanimously, that Council accept the recommendation of the Personnel Board and authorize the hiring of an Assistant Civil Engineer to fill a current vacancy at $511.00 A step, $536.00 B step, or $564.00 C step, depen4ent upon the candidate's qualifications. With the consent of the Council, Mayor Reibold ordered filed the report of ,the City Manager on the request of Adele Strutzenberg of 1802 South Santa Anita Avenue' regarding the removal of an eucalyptus' tree, which report advised in part that while the tree was originally scheduled for removal under the present tree removal contract, the property owner at 1784 requested the tree remain since the major portion of it is located in front of his property and he would have his own contractor trim and top said t~ee; . that since the tree does not preclude the construction of a concrete driveway apron the Staff cannot recommend removal of the tree at thh time. I Mayor Reibold ordered filed the report of the City Manager, dated September 15, 1959, with regard to the disposition made by the Staff of the four requests of Mr. J. H. Hoeppell as contained in his communication of September 14, 1959, on file in the office of the City Clerk. 22. 9-15- 59 PARKING REAR OF THRIFTY DRUG STORE ~~\ , I r /,'1"'!h:6 \" ~'hJ ' In,accordance with Councilman Jacobi's request at a prior meeting, the City Manager advised that the parking of trucks in the alley at the rear of the Thrifty Drug Store at Huntington and Santa Anita Avenue, has been investigated; that a loading zone has now been provided on First Avenue to eliminate this problem and the Manager of said store has instructed delivery men to unload whenever possible at First Avenue; that the alley will be blocked only partially, and this is only for half the alley width, on Tuesday mornings when the semitrailer pulls in. COUNTY INDEJ(EDNayor Reibold ordered filed the notice from the County Boundary Commission BOUNDARY of the proposal of the City of Rosemead to annex territory known as I COMMISS~ Annexation No. 1 (portion of Tract 12491) to the City of Rosemead, as same ~~ ~ has no effect on Arcadia. RESOLUTION The City Attorney advised that a revised wage scale, furnished by the Los No. 3170 Angeles Builaing and Construction Trades Council, has been received, which is a compilation of the wage scales as determined by the various bargaining agreements throughout the area. INDEXED I RESOLUTION No. 3172 INDEXED ~(\\ That inasmuch as Council is required from time to time to determine the prevailing wage scale, the City Attorney presented, explained the content and read the title of Resolution No. 3170, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE SCALE OF PREVAILING RATE OF PER DIEM WAGES, AND RESCINDING RESOLUTION NO. 2934 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH." Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3170 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that Resolution No. 3170 be adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney called the City Clerk's attention to an amendment in the Labor Code, which is incorporated in the said Resolution No. 3170, which requires the Clerk to file a copy of Council's determination with the State Board of Industrial Relations annually. The City Attorney presented, explained the content and read the title of Resolution No. 3172, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPLICATION FOR A VARIANCE TO PERMIT THE CONSTRUCTION OF A SECOND DWELLING ON PROPERTY LOCATED AT 903 NORTH SECOND AVENUE AND ZONED R-l." Motion by Councilman Camp house , seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3172 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Camphouse, seconded by Councilman Balser and carried on roll call vote as follows that Resolution No. 3172 be adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 23. 9-15- 59 04'7j'7 PROFESSIONAL SQUARE INDEXED J~i\ ,\ I- VEHICLE PARKING DISTRICTS (Sweeping) (Maintenance) 'j.\J ,,*\)1>"[,. 1. b I jJ~ ~ (Planting) lNDEXED jq\ (Street Improvement) The City Attorney advised that, at the recommendation of Mr. L. M. Talley, he had prepared a quit claim of a prior covenant, and a new covenant to permit the erection of another building in conjunction with the medical square on Duarte R9ad; that the new building would be on ground technically covered by the former covenant for parking; that , ample area is still left under the new covenant providing for appreciably more parking than is required; and that he recommended that Council authorize the quit claim of covenant executed November 17, 1958 by Professional Square and Patricia Medical square,' Inc., recorded November 28, 1958 in Book M 161; page 750, Document No. 4124, and the delivery and execution of such quit claim deed upon the execution and recordation of a new covenant for off-street parking in conformance with applicable ordinances of the City. I Whereupon Councilman Jacobi moved that the Council accept the recommendation of the City Attorney and authorize the quit claim of ' covenant executed November 17, 1958 by Professional Square and Patricia Medical Square, Inc., recorded November 28, 1958 in Book M'16l, page 750, Document No. 4124, and the delivery and execution of such quit claim deed upon the execution and recordation of a new covenant for off-street parking on conformance with applicable ordinances of the City. Council- man Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None AESENT : None The City Attorney advised that at the suggestion of Councilman Jacobi he had discussed the matter of sweeping parking lots held under City title in the City with the City Manager and some of the merchants in the area; that they had concurred that this should be done. Whereupon Mayor Reibold moved that Council request the City Manager to cause all 'parking lots in the City,held under City t'itle, to be swept by City equipment at such times as is necessary to maintain them in a manner compatible with the desired appearance of the area. Councilman Jacobi seconded the motion and it was carried unanimously. The City Attorney also advised that the Board of parking Place Commissioners of Vehicle Parking District No. 1 has requested that the City forces maintain the parking lots in that District at cost to be billed to the District; that although this request is made by District No.1, he suggested that Council include Vehicle Parking District No. 2 in such maintenance work. Councilman Phillips moved that Council authorize the Department of Public Works to perform maintenance work, such as striping, patching and repair of bumpers in Vehicle Parking Districts No's 1 and 2 upon request from the respective Boards, same to be billed to them at cost, including the City's overhead, etc. Mayor Reibold seconded the motion and it was carried unanimously. I The City Attorney further stated that the Board of Parking Place Commissions of Parking District No. 1 has requested the installation of a water meter and two hose bibs so that the two unpaved triangular islands at the east end of the district may be planted. He added that a garden supply store nearby has offered to plant and maintain these at their cost. That coupled with this request, the Board has also requested that Council consider improving the adjacent street, which has no curb or paving in that general area. Councilman Camphouse moved that Council authorize the installation of a water meter and two hose bibs in Vehicle Parking District No.1, and take under consideration for further study the matter of improving the adjacent street. Councilman Jacobi seconded the motion and it was carried unanimously. 24. 9-15-59 COUNCILL'lAN CAMPHOUSE 047b8 C~uncilman Camphouse offered the following quotations: , "The trouble with being a leader these days is that you can't tell whether the people are following you or chasing you." "Speak well of your enemies, you made them." CASTOR INDEXED Mayor Reibold advised that the Cities of Ontario and Upland have banned BEAN the growing of the Castor Bean plant within city limits because the bean PLANT(Y\S~{f' itself 'is poiSonous', and suggested that the City Manager discuss the matter ~ with the Health and Sanitation Commission. I "''''''''''''''' ,.,", .."",, d,,,,,,d ,he -,,,", odj "o~d "' I ATTES~: ~ ~-tMm ~ ~ty Clerk 25. 9-15- 59