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HomeMy WebLinkAboutOCTOBER 7,1958 I INVOCATION PLEDGE ROLL CALL MINUTES HEARING (Jones Music) I { ~~I. ~396 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING OCTOBER 7, 1958 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. October 1, 1958. The Invocation was offered by Rev. Clair Wiederhoft, Pastor of Our Saviour Lutheran Church. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips None Councilman Reibold moved that the minutes of the regular Council meeting of September 16, 1958, as submitted in writing be approved. Councilman Balser seconded the motion and it was carried unanimously. Application of Marvin Charles Jones, 14515 Valley Vista Boulevard, Sherman Oaks, for a business permit to install five skill game machines at the Santa Anita Bowling Alley, 116 Las Tunas Boulevard. This matter was continued on August 19, 1958 for further study and a report from the Staff and again continued September 2, 1958 to the regular council meeting of October 7, 1958 for the full attendance of Councilmen. Mayor Phillips inquired if anyone in the audience wished to be heard in favor of the granting of the requested permit and Mr. Marvin Charles Jones, the applicant, addressed the Council, and to Councilman Camphouse's inquiry as to how many operations of a similar nature the applicant had in Arcadia, replied that he had no similar operations in Arcadia, but did have in the cities of Los Angeles, Santa Monica, Hollywood, Pico, Huntingto~ Park, and other cities, and that the nature of the games is one of skill, such as baseball, guns, bowling games,etc. Councilman Camphouse moved that the hearing be closed, which motion was seconded by Councilman Reibold and carried unanimously. A general discussion then ensued and views on the subject were expressed by the following Councilmen: Councilman Camphouse stated that he has consistently been opposed to amusement machines of the type described by the applicant, especially as they pertain to cocktail lounges, bars and similar operations within the City; that he does not feel the people of Arcadia need, require or desire the Penny Arcade type of operation; that it is not compatible with the type of recreation needed and the environment of the City. Mayor Phillips stated that his feelings and voting record have been against new operations of skill games within the City; that he has voted for renewals and that possibly this phase should be given further study and attention. 1. 10-1-58 439'1' HEARING (Fourth Avenue) \41q RESOLUTION No. 3060 ),~ ,,,\ \ Councilman Balser observed Shat skill games generally entail a certain amount of gambling; that this is difficult to control or police, and that he did not think it in the best interest of the City to permit skill games of this type in this instance, particularly in view of the attendance of young people at bowling courts. Councilman Balser then moved that the application of Marvin Charles Jones, for a business permit to install five skill game machines at the Santa Anita Bowling Alley,be denied. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None None I Balser, Camphouse, Jacobi, Reibold, Phillips The City Clerk advised that this is a hearing to determine whether or not the public convenience and necessity require the improvement of Fourth Avenue, between the center line of Norman Avenue and a point 200 feet more or less south of Camino Real Avenue in the City of Arcadia, pursuant to Resolution No. 3056 adopted by the City Council at its regular meeting of September 16, 1958. The City Attorney commented that for the record there is on file in the office of the City Clerk a communication addressed to the City Council from Mr. M. J. Carozza, former Director of Public Works, dated December 12, 1951, outlining the background of this matter, and informing the Council that a petition had been received from 82.1% of interested property owners requesting sewer improvements by the 1911 Act proceed- ings; that the cost of these improvements are approximately $7,100.00, and recommending that the petition be accepted and the Director of Public Works be instructed to commence proceedings under the 1911 Improvement Act for the construction of main line sewer, and to proceed with the construction of the street work at the expense of the City. The City Clerk stated that she had on file the Affidavits of Publication and of Posting the Notice, as required by law; and that no written protests had been filed. Mayor Phillips then declared the hearing open and inquired if anyone in the audience desired to be heard in connection with the matter of the improvement of Fourth Avenue as contemplated by Resolution No. 3056, namely, the construction of sanitary sewers. No one desiring to be heard, Councilman Balser moved that the hearing be closed, which motion was seconded by Councilman Camphouse and carried unanimously. Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3060, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE T!ffi IMPROVEMENTS OF FOURTH AVENUE BETWEEN THE CENTER LINE OF NORMAN AVENUE AND A POINT 200 FEET MORE OR LESS SOUTH OF CAMINO REAl AVENUE, AlL WITHIN THE CITY OF ARCADIA." I He added that this resolution recites the holding of a public hearing pursuant to Resolution No. 3056 and finding that the public convenience and necessity does require this improvement; that the nature, location and extent of improvements are shown on profile and improvement plan No. 238 and the assessment district map No. W-ll; that Council expressly waives the provisions of the Special Assessment Investigation Limitation Majority Protest Act of 1931 under the provision of the Constitution which permits a charter city so to waive and provides that this work shall be done under the Improvement Act of 1911 and the cost thereof assessed upon the abutting owners. 2. 10-7-58 (Resolution No. 3060 Continued) 411 '\ ISOLUTION o. 3061 q 1M IARING illiams- rdes) Ii .j~ ~ 4i398 Councilman Jacobi moved that the reading of the full body of Resolution No. 3060 be waived. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3060 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3061, entitled:. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO llWROVE FOURTH AVENUE BETWEEN THE CENTER LINE OF NORMAN AVENUE AND A POINT 200 FEET MORE OR LESS SOUTH OF CAMINO REAL AVENUE, ALL WITHIN THE CITY OF ARCADIA, AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, AND DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT." Councilman Balser moved that the reading of the full body of Resolution No. 3061 be waived, which motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser. further moved that Resolution No. 3061 be adopted. Motion seconded by Councilman Jacobi. The City Attorney stated that before the vote is taken he desired to explain that the aforesaid Acts allow ample opportunity for interested parties to be heard at each stage of the proceeding; that Resolution No. 3061, for instance, sets a hearing for November 5, 1958, at which time any interested person, after receiving notice of the hearing, may protest any phase of the work, such as the extent or nature of same, and that the proceedings are not final by the mere adoption of the aforementioned two resolutions. Whereupon a roll call vote was taken as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Appeal from Planning Commission Resolution No. 308, recommending that certain property located on the north side of Live Oak Avenue, between Third and Fourth Avenues, be rezoned from Zone R-3 to Zones C-2, PR-3 and Zone D, and setting forth restrictions applicable to Zone D. The City Attorney pointed out that the provisions of the Planning Commission recommendation were substantially in accordance with the application and followed the plans originally laid out by the Planning Commission for the development of the north side of Live Oak Avenue. That it was approximately two years ago that the Planning Commission recommended and the Council determined that certain rezoning occur if, as and when certain other things occurred concurrent therewith, namely the provision of alley access, widening of the side streets, etc. 3. 10-1-58 ~399 (Hearing Williams- Wordes Continued) 1~5~ HEARING (Seirner) l' I ; Mr. Leslie M. Talley, Planning Secretary, exhibited a map of the area, indicating the commercial zoning contemplated, and touched upon the provisions mentioned in the Planning Commission Resolution No. 308. The City Clerk read a letter from M. Dorothy Boor, dated October 6, 1958, to which was attached copy of a letter sent to the Planning Commission August 11, 1958, protesting said recommendation. Mayor Phillips then declared the hearing open and inquired if anyone in the audience desired to speak either in favor of or in opposition to the zone change. Mr. Robert F. Williams, 2233 South Fifth Avenue, one of the applicants, I addressed the Council, stating that his application covers the situation completely; that the master plan encompasses the highest possible use of the property which, together with the Zone D overlay, would harmonize with the existing property. No one else desiring to be heard Councilman Reibold moved that the hearing be closed; which motion was seconded by Councilman Camphouse and carried unanimously. Councilman Reibold then stated that he had been at the Planning Commission hearing and that no serious objections were raised at that time, and moved that the north side of Live Oak, between Third and Fourth Avenues, be rezoned from R-3 to Zones C-2, PR-3 and Zone D as set forth in Planning Commission Resolution No. 308. Councilman Jacobi seconded the motion and it was carried unanimously. Appeal from Planning Commission Resolution No. 306 recommending the granting of a zone variance to Mr. and Mrs. W. H. Seimer to permit the construction of one additional dwelling at 1208 South Sixth Avenue. The City Clerk read communications received from Mrs. R. F. urich, 1128 South Sixth Avenue, and from Genevieve and Myron E. Dexter of 1205 South Sixth Avenue protesting the decision of the Planning Commis- sion by its Resolution No. 306. Mayor Phillips declared the hearing open and inquired if anyone in the audience desired to speak in opposition to the decision of the Planning Commission. Mr. W. H. McCauley, 1136 S. Sixth Avenue, addressed the Council, stating in part that he was opposed to the granting of the requested zone variance because he felt that applicant's property was over- developed at the present time. He added that in 1956 he and his neighbor, Maurice J. Clayman, 1200 S. Sixth Avenue, had applied for and been granted lot splits, which were subject to conditions, among them being that if and when property between the south line of Tract No. 18241 and Camino Grove Avenue is subdivided, it should not only bear the expense of opening Encino Avenue but should also pay its share of opening Camino Grove Avenue into Sixth Avenue; that each parcel be required to deposit with the City its pro rata share of such opening of Camino Grove Avenue at the time lot splits are approved; that the west half of Encino Avenue be dedicated and improved as required by the subdivision ordinance, or that a cash bond be posted, sufficient to pay the cost of such improve- ment; that the easterly one foot and the southerly 6.66 feet of proposed Encino Avenue be deeded in fee to the City. That a cash deposit of $150.00 per lot, being at the rate of $10.00 per front foot, be made with the City to cover the pro rata share of the cost of opening Camino Grove Avenue to Sixth Avenue. That the short extension of Encino Avenue not be paved until Encino Avenue is extended to Camino Grove. I 4. 10-1-58 (Hearing Seimer Continued) 0'1 'f (t' I " I .4400 He continued that he brought up this phase at this time because the applicant had been blocking the opening of the street and that should the Council grant the requested variance to them he felt it only fair that similar conditions to those imposed upon him and his neighbor might also be imposed upon the applicant. Whereupon Mayor Phillips stateu that he did not think it within the prerogative of the Council to place such a condition upon a request for a variance; that the conuitions precedent to the deposit made by Hr. HcCauley were for a lot split; and the City Attorney explained that the circumstances referred to by Mr. HcCauley covered property facing a new street; that the applicant is requesting a variance for a dwelling at the front building line facing another street. Councilman Camphouse, however, felt that the cost of constructing Camino Grove Avenue shoulu be borne equally by all residents who benefit therefrom and that this was the time for Council to make requests of the applicant. To Councilman Reibold's query as to ,,,ays of putting the street through, the City Attorney explaineu that there is the 1903 Street Opening Act for the acquisition of property, unuer which Act the cost of the acquisition is assessed upon all the owners including the owner from whom it is taken and the actual improvement would be under the 1911 Act. That it is about a two year process. Mayor Phillips then inquired if there was anyone in the audience who desired to speak in favor of the application. Mr. W. H. Seimer, the applicant, addresseu the Council, stating in part that he had no intention of blocking the opening of a new street; that he had signed up with a Hr. Robinson next door to his property for the new street in the rear of his property; that he had not been approached regarding making a deposit. Councilman Jacobi asked Hr. Seimer if he would be willing to dedicate the necessary land to allow the street to go through. Mr. Seimer stated that he would be in time; that he was not blocking any street development; that when he discontinued his chicken business he might want to build on the rear of his property; however, that at the present time his two immediate neighbors are not in favor of the street going through. Councilman Reibold commented that the applicant was requesting at this time permission to build one house; that such permission had been granted him prior to the adoption of Ordinance No. 990. Whereupon the City Attorney reviewed the history of this matter as follows: Ordinance No. 760, as originally adopted, permitteu additional dwellings in R-l zones by the mere fact of additional square footage being avail- able. The next amendment was to leave that same permissive right but limit it only to the extent that the Hodification Committee had to approve the location of the additional dwellings. It was under that ordinance that Mr. and Hrs. Seimer made their application for two additional dwellings side by side at the front building line. The Modification Committee approved it, an appeal was filed to the Planning Commission. The Planning Commission approved it and an appeal was filed with the City Council. The City Council denied the application as filed, namely for two additional dwellings side by side, but at a subsequent meeting further implemented their decision by granting a modification for one additional dwelling at the front building line. This was a modification, not a variance, granted under the provisions of Ordinance No. 760 as first amended, and not under Ordinance No. 990. 5. 10-7-58 ~40~ (Hearing Seimer Continued) ~?1i Thereafter no construction was started on the premises pursuant to the modification permission to build the additional dwelling, and under the terms of Ordinance No. 160, a modification permission, the same as a variance permission, expires within six months after its granting if not used within that time. When that was brought out at a hearing before the Council, the applicants then filed for a variance under the provisions of Ordinance No. 160 as amended by Ordinance No. 990, to build one additional dwelling at the front building line, and this is the matter before the Council at this meeting. The City Attorney added that basically the granting of a variance is I more in the nature of a right than a privilege. That it is not improper to affix to the granting of a variance such terms or conditions as are fair and equitable, and that if Council decides that the unconditional granting of the variance for the additional dwelling will preclude the orderly, timely and proper development of the adjoining area, it would be in the discretion of the Council to attach a condition requiring the dedication of the required property at the rear for the extension of Encino Avenue. That he would suggest in such event that rather than requiring the dedication at this time the Council consider requiring the tender of an offer to dedicate when the other properties required for the extension of Encino have either been acquired or made available by similar offers,. at which time the applicant's offer to dedicate becomes a dedication. That his suggestion of this procedure is for the reason that if applicant dedicates now and Council accepts, it then becomes a public street and he must not only surrender the use of the land dedicated, but he must remove all his structures from that portion and from another 15 feet beyond that, and if it is not actually going to be a street in fact, it may be an undue burden to require him to give up actually 105 feet of actual property in use today when the street itself may be still some years coming. Councilman Jacobi moved that the hearing be closed. Councilman Reibold seconded the motion and it was carried unanimously. Councilman Reibold stated that if the applicant is agreeable to the type of suggestion the City Attorney made, to wit, that at some future time, when and if, in the orderly process, he is agreeable to dedicating his property as suggested, he would not stand in the way of granting the requested variance. Mayor Phillips concurred; Councilman Camphouse said he would rather have an outright dedication but would not insist and Councilman Jacobi stated that if Council insisted on the dedication now it would create a hardship on the applicant. Whereupon Councilman Jacobi moved that the Council approve Planning Commission Resolution No. 306 recommending the granting of a zone variance to Mr. and Mrs. W. H. Seimer to permit the construction of one additional dwelling at 1208 South Sixth Avenue upon condition that the applicant offer to dedicate at such time as the ba~ance of the Encino properties are made available for the said development. Councilman Camphouse seconded the motion and it was carried unanimously. I The City Attorney then remarked that the variance will become effective upon the adoption of a resolution which he will p~epare and attempt to present to the Council prior to the next regula. Council Meeting so that the Council will be familiar with its conten4s; and that he would also present a copy thereof to the applicants so that they will know the contents prior to Councilmanic action at the next meeting. 6. 10-1-58 HEARING (Stogsdill) d q3~ I I !402 Hearing on Planning Commission Resolution No. 309, recommending the establishment of Zone D on property located on Las Tunas Drive east of Baldwin Avenue and setting forth restrictions thereon. The City Attorney commented that the purpose of this hearing is to consider the placing in Zone D the property which was before the Council previously for rezoning to commercial usage, which Council determined should be, but not until it had caused proceedings to be instituted and received the recommendation of the Planning Commission as to the placing of this same property in the D overlay. He emphasized that only the architectural zoning and restrictions to be placed concurrent with the placing of it in the architectural zone are before the Council at this time. The City Clerk announced that she had received no communications in the matter. Mayor Phillips thereupon declared the hearing open and stated that the Council would hear from the applicant first. Mr. Ralph D. Stogsdill, 2110 South Baldwin Avenue, the applicant, addressed the Council, and read a letter dated October 6, 1958, copies of which he had tendered the Council, wherein he opposed certain sections of the Planning Commission Resolution No. 309, such as Section 1, limiting building to one story in height, subsection (b) of Section 1 pertaining to exterior signs, subsection (d) of Section 1 regarding solid masonry wall on lot 26, adding that this would be appropriate on the east line of lot 21. Also that Section 2 of said resolution be deleted in its entirety; that no height limit be imposed; that the sign limitation be removed, leaving signs subject to the regular Zone D Architectural regulations. The City Attorney commented that Section 2 of the aforesaid Planning Commission resolution is out of order and that the Planning Commission realized this. That in connection with the D Architectural Overlay, there are no specific requirements set up in the D Overlay; that it is only the machinery under which Council affixes as to each parcel of land such restrictions as it deems necessary in view of the zoning and the surrounding property. Councilman Balser inquired of Mr. Stogsdill as to the contemplated development in the area, to which Mr. Stogsdill replied that he had not definitely decided and could not until he has a final determination from the Council. Mr. John W. Ruth of 529 West Las Tunas Drive addressed the Council and stated that he heartily approved the development and that he felt Mr. Stogsdill would make every effort to construct buildings in harmony with the surrounding properties. No one else desiring to speak, Councilman Camphouse moved that the hearing be closed, which motion was seconded by Councilman Jacobi and carried unanimously. Councilman Camphouse requested a tabulation of Resolution No. 309, which the City Attorney proceeded to read. Councilman Camphouse then commented that he did not think the terms and conditions as set forth in said resolution coincided with what Council had in mind, such as type of architecture, conformity of a particular pattern, such as Spanish architecture and the like, roof pitch, etc. and that he would suggest Resolution No. 309 be disregarded in its entirety and that the Council grant Mr. S~n~sdill the requested zone change, imposing thereon such conditions as it desired. 1. 10-1-58 ~4-03 (Hearing Stogsdill Continued) (, '-I ~~;) RESOLUTION No. 3069 PROPOSED CHARTER AMENDMENT .' .~ \ Councilman Camphouse thereupon moved that the Council accept Planning Commission Resolution No. 309 recommending the establishment of Zone D on property located on Las Tunas Drive east of Baldwin Avenue, striking out the following paragraphs: Paragraphs (a) of Section 1, (b) of Section 1 from the comma after the words "building shall be attached to" to the end of said paragraph (b), and strike out Section (d), and strike out Section 2 in its entirety. Councilman Reibold seconded the motion. Councilman Balser stated that he is opposed to business development going east on Las Tunas Drive and would like to see restrictions placed for one-story buildings; that he thought the present development I is good, other than that it is business; that he would oppose a four-story building blocking the view, giving it the appearance of a large commercial development; that this would make it much more difficult to hold the line on business going all the way to El Monte Avenue. Said motion was thereupon carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold, Phillips NOES: Councilman Balser ABSENT: None Councilman Reibold announced that he had a resolution to present and read the following Resolution No. 3069 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS POSITION WITH RESPECT TO ARTICLE III OF THE CHARTER OF THE CITY OF ARCADIA. "WHEREAS, certain people representing themselves to be a 'Committee for Representative Government for Arcadia' did on September 15, 1958, cause to be published in the Arcadia Tribune a legal advertisement requesting and demanding that the City Council of Arcadia adopt certain amendments to the City Charter or otherwise provide for the holding of a special election. "WHEREAS, among other changes it is proposed that Article III, Section 300 be changed to provide that the present 'Council-Manager' form of government be changed to a 'Council-Mayorl form of government. "WHEREAS, the citizens of Arcadia have the right and are entitled to know the position of their elected representative in matters which affect the public good. "NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: "SECTION 1. That it believes the proposed'Council-Mayor' form of government is not only a radical and sweeping change in form, but also is retrogressive for a city such as Arcadia and therefore is not in the city's best interest. I "SECTION 2. That it believes a form of municipal govern- ment which has the chief administrative officer elective is a form which invites political patronage and inefficiency. "SECTION 3. That it believes the present City Charter as now written provides adequate means for the presentation of grievances and the execution of the people's mandates. 8. 10-1-58 4404 "SECTION 4. Therefore, the City Council does hereby affirm its belief in the 'Council-Manager' form of govern- ment for the City of Arcadia, and does hereby commit itself to exert every effort to support it. "SECTION 5. The City Clerk shall certify to the adoption of this Resolution and shall cause a copy hereof to be recorded in the office of the County Recorder, Los Angeles County." Councilman Reibold then added as follows: "Mr. Mayor: I "We have remained silent on this issue long enough. I kno~ we have all been concerned and I am sure that each of us has carefully studied that which is being proposed. We have been elected by the people of this city to provide leadership in municipal affairs. We will be derelict in our doty if we fail to provide the dynamic leadership required in this situation. As I have written into the proposed resolution, I believe that each one of us owes it to the people of Arcadia to let them unequivocally know where we stand on this deceptive and dangerous proposition. "J.,et us examine the fine print of this devilish instrument of radical reform which is cloaked in saintly robes. Trans- lated into simple English, this in part is what it does: "Before the ink is hardly dry on tne ballots of the last election in which three Councilmen of a five man Council were elected to serve for a four year term of office, they are sommarily booted out of office without a single charge of incompetence being made for their recall. "Removed also from office is the City Manager, and in his stead is placed an elected Mayor whose only qualification for the office is that he receives sufficient yotes to be elected. And, furthermore, the Mayor is granted power by law which transcends that of any official in the city government today, whether he be elected or appointed. The proposal provides that the Mayor shall have the power to appoint his Department Heads subject to the approval of the Council. But what is not being told is that it fails to provide a means of removing an unsatisfactory department head from office by anyone except the Mayor. This, in my opinion provides the framework for political patronage and corruption. I "The City Attorney is also removed from office ... a man who is an outstanding specialist in the field of Municipal Law ...whose only shortcoming is that he lives in the City of San Marino. This, in itself, might well be an advantage in that his opinions cannot be subject to attack on the grounds that they were influenced by his own chance of personal gain or loss. "In all probability, also to be removed would be all of the Department Heads in order that these jobs could be made available for patronage. "It is an enigma that the only position that escapes the wrath of this proposal is that of City Clerk, whose term in office is not only protected and extended, but whose salary is increased and fixed with no provision for changing economic conditions other than to again amend the Charter. 9. 10-7-58 ti405 , "Article IV of the proposal relating to elective officers is a monument of intentional ambiguity or is the product of the unqualified in the field of municipal law. "The amendment to Article XI, Sect'ion 1109, CONTRACTS ON PUBLIC WORKS, which adds that all expenditures in excess of $500.00 shall be open to public bid might on the surface appear to be in the public interest. However, an objective investigation of this would develop; first, that we are buying at very competitive prices under our present procedure, to which any city supplier will attest, and second, that such a procedure as that proposed will increase the cost to the city by something in the order of Sixteen Thousand Dollars annually, or about One Hundred Dollars per purchase, or two cents on the tax rate, this added cost being the cost of legal advertising and additional labor on the part of the city. I "Who are the people behind this retrogressive movement? Who is behind the mute Committee of five? Have any of them appeared before this Council and presented their grievances? The lack of satisfactory answers to these questions tends to lend credence to sinister rumor that outside selfish interests are using as pawns the politically disappointed and those denied special privilege. "Past performance through the years has more than justified my belief today that the people of Arcadia are intelligent, reasonable and fair, and that they will not be fooled by these contentious promoters who seek personal recognition and gain by tearing down a proven efficient form of municipal govern- ment, bringing back the type we went to the polls and voted to get rid of in 1951. The greatest criticism that can be leveled at this Council is that it has run the City like a business. "My own position is clear. In the election just past the change to the Council-Mayor form of Municipal Government was never even mentioned let alone made issue of. I believe I was elected by the people of this city to uphold the Council-Manager form of government - not to overthrow it. "Therefore, Mr. Mayor, I would move for the adoption of the resolution which I read in its entirety." The City Attorney suggested that before a vote is taken on the resolution that that portion of Section 5 referring to the recording of the resolution in the County Recorder's office be omitted; that Section 5 would read then that "The City Clerk shall certify to the adoption of this Resolution". Councilman Reibold then moved that Section 5 be amended to read: "The City Clerk shall certify to the adoption of this Resolution." I Councilman Camphouse then seconded Councilman Reibold's motion to adopt the resolution. Councilman Balser stated that he had been a member of the Council for approximately six months; that probably new members are inclined to check things more thoroughly and to look around, and in regard to the resolution would say: "I have found in my six months serving the people of Arcadia, the City Manager form of government to be very efficient and effective; I have found no evidence of wasteful spending of the tax dollars. I was particularly impressed by the efficient manner in which the budget was presented for our approval. I thought 10. 10-1-58 4l:406 , I it was very effective and good for the City. We held our tax rate to $1.10 which I knew was our goal. I think we explored it very thoroughly and I think it was for the best interests of the City as a whole. I might add that during my campaign I attended many - meetings and many meetings were held for me in all parts of Arcadia. I found no criticism of the Charter in any respect. Therefore, naturally I laid my plans along the lines of supporting the Charter we have in the present manner of operating the City. I have had a lot of pleasure in my duties and have tried to represent all the people as I know we should and I certainly am opposed to the so-called ward form of city government that I refer to as ward form. I even notice some of our neighboring cities sometimes call recesses to meet constituents. I feel like Arcadia is very capable of electing officials here to represent all the people; mainly I think it's the natural thing because of the many mutual problems we have, such as planning and water problems, libraries, recreation programs, police department, beautification. I think they are all mutual problems of a wonderful city and I think that's the way it should be operated. 11 Councilman Camphouse stated: "I have no written comments but I will make a few observations if I might at this point. I think all of us have had ample time to make our personal reflections as to this situation. In fact I probably have had as much time as the rest of you, in fact, probably have had more time for clear thinking. I sat out where it's quiet and peaceful and thought about this problem and I think it might have been truly said out of context to use the phrase 'to err is human' and I think we are certainly human and there is no question that no government could have planned the programs and set up the various projects that have been accomplished in the last five years without bringing about some disfavor from some people. In other words, it's a lot easier to invoke criticism if you're doing something than it is if you just sit still and do nothing. On the other hand, it's very true that you can't steer a ship unless it's moving. I feel that as senior member of this Council, (I have served the longest term, also having served as Mayor) I am fairly well qualified to express this opinion. I "On the other hand I am somewhat amazed, as was borne out by the remarks of Councilmen Balser and Reibold, that the three of us participated in a campaign some five months ago and while we were subjected to various criticisms of past actions of the Council I don't recall any particular person mentioning the Charter changes and I am somewhat amazed. I am also amazed at the particular form that resolved. I think that as Councilmen we have met with other Councilmen and our association with the League of California Cities and have talked with them and seen the advantages and disadvantages of this so-called districting of a city. You and I know from competent authority that in the City of Los Angeles, or in the County of Los Angeles, where this so-called system is in effect, it probably is necessary in such a large area. On the other hand, for instance we know that if there is a particular point of legislation that is detrimental to a particular district and yet the group as a whole favor it, the representative from that district will say to his fellow colleagues: 'You go ahead - I will vote against this and this will set me up with my district - and you go ahead and vote the other way - there's a four to one or whatever the majority is - and it will be sure to pass but I will be in favor with my people'. I don't believe that the average person in the City of Arcadia desire~ that type of bargain- ing, that type of intellectual dishonesty and I for one personally, as I said some five months ago, will stand on the record of accomplishments of the City Council. I think that we can point with pride to the things that have been accomplished. The development of our water program, the development of our recreation, the development of all aspects of our City. There might have been other ways or other 11. 10-7-58 4h40? choices or other selections, and as I walked about this community in the last three or four weeks I have tried to analyze this criticism, and some of it is rather trivial, and yet if you stop and accept the comments and the ~riticism and analyze it generally there is a logical explanation. For instance, one of the criticisms was a change in an ordinance made some two or three weeks ago, and yet the fundamental criticism was based upon an ordinance enacted on January 20, 1953, before any member of this Council was a member of the City Council. So some of the criticism if it were truly analyzed and explained could be explained logically and some of it is very ridiculous. I think that as I have tried to analyze some of the criticism about our form of government, which is what some people are saying, that as Councilman Reibold mentioned a few moments ago, we have tried to run this as a business. I don't think there is any criticism of that but maybe we have been too intent upon getting the job d9ne and not the manner in which it is done, and perhaps we might have walked on some toes. I "I can't understand, if this is a criticism basically of our form of government, or is it a criticism basically of personality? Now there are two distinct questions there and I think that the people who are criticising should have the courage to come forward and tell us what their basic criticism is. Now I believe for instance, we have had people appear here tonight requesting a hearing about decisions that either our Planning Commission or we have made, and which we either change the decision of the Planning Commission, because of an appeal, or we change our own decision. In other words, these people appeared before us, presented their case, were given audience and they were given a chance to have what appeared to them to be a mistake, rectified. I personally feel that if we have made mistakes, that any people in the City of Arcadia who feel that there are things that should be done a different way or they look at it differently or haven't had an explanation, could avail themselves of an opportunity to sit down with this Body and ask questions man to man and receive an answer. II Hayor Phillips then spoke as follows: "I can't take exception to anything that you gentlemen have said. I feel very strongly about the Council-Hanager form of government. I have here two books, 'Best Practice under the Management Plan, Municipal League and Recent Council Manager Developments, 'and a director of Council- Manager cities. These all have important aspects of the council- manager form of government in them. I have excerpted from them some time ago, anticipating that the time might come when I probably ought to air these excerpts. Some of them are quotations, some of them are just dissertations from the books. They are not as finely put as Mr. Reibold's analysis of the situation, or yours Mr. Gamphouse, and Mr. Balser's statements about the situation.I think they are more a charge to the people. I will just read from these rather than try to talk from memory: "Under the Council-Manager form of government, the voters and the Council are the prime responsible people for a smooth and efficiently operated municipal government. I "The voters have the primary interest because it was their action which brought the Council-Manager form of government into existence. The voters must understand the structure of the city government and the state laws under which it operates. Neither the Council nor the Manager is responsible for defects in the charter or for provisions of the state law which may prevent government from doing things which some people may think it should do. The voters must remember that the true Manager plan is the antithesis of political machine government. The favor system is the carbon in the motor which will prevent this plan from working and the voters 12. 10-7-58 r,!ifii08 must choose between favors and good government. !lOne of the voters' best assurances of good government is voters' organizations which can disseminate the facts about city govern- ment; help choose and elect competent councilmen; formulate programs to improve services and efficiencies; and institute principles of non-political representation. If the voters keep these principles in mind, they can safeguard adequately their government. If they do not, the Manager form of government will fail and the causes of the few failures have been chiefly due to petty politics and the application of the spoils system. I "Conversely, the Council has the obligation to uphold and defend the system of government under which it was elected. The Council must find the right balance between demand for service and the demand for economies and must blend into a composite viewpoint .information gleaned from the voters and from constructive voters' organizations. "The policies established by the Council must be carefully considered and given to the Manager for the proper actions. It is at this point that the Council has, in my opinion, its biggest job in that it must stand between the voters and the Manager on controversial issues. Many times the Manager will be unfairly crucified on policies which are not perhaps of his creation. We must remember that the Manager and other direct appointees of the Council have no other protection than the Council. "I feel very strongly that irrespective of people and personalities the Council-Manager form of government is the type of government that the people of Arcadia wanted in 1950 and still want in 1958. The alternative is the spoils system of the Council-Mayor form of government where business is done on a patronage basis instead of on what can be an efficiently operated business basis." Councilman Camphouse then said: "Mr. Mayor, may I add one other thing that I didn't add before, inasmuch as I had no notes. I think there is one thing that I should comment on, and that is that contrary to rumors, and that's all we have heard for some three weeks now, that I am not a part of the Committee for Representative Government in Arcadia, although it has been rumored that I was. I was truly asked to be a part of it, in fact I was offered a very favorable role. As I explained to you gentlemen of the Council, this I turned down, I asked no part of this, and I want to make that clear at this time." Councilman Jacobi then stated: unsaid. I didn't know anything know about it.1I "What about I would say had best be left this - everybody else seems to I Councilman Camphouse: "Don't you read the papers?" Councilman Jacobi: "Sure I read the papers but I didn't receive anything about this. I just won't comment." Councilman Camphouse: "That makes it pretty clear." Mayor Phillips then called for a roll call, which was as follows: AYES: Councilmen Balser, Camphouse, Reibold; Phillips NOT VOTING: Councilman Jacobi NOES: None ABSENT: None 13. 10-1-58 Lt409 .~~ ORDINANCE No. 1029 (Adopted) .L....:.:::::.:::n ? -11/ RESOLUTION No. 3051 .I.i:;L':":~.......;; 1 ,\11 RESOLUTION No. 3062 .I~ .j) 01 ~ The City Attorney presented, discussed and read for the second time the title of Ordinance No. 1029, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN PROPERTY ON LOUISE AND LEROY AVENUES IN ZONE D (ARCHITECTURAL OVERLAY) IN ADDITION TO THE BASIC R-l ZONING APPLICABLE THERETO." Councilman Camphouse moved that the reading of the full body of Ordinance No. 1029 be waived. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None I Councilman Camphouse further moved that Ordinance No. 1029 be adopted. Motion seconded by Councilmen Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3051, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO CERTAIN REAL PROPERTY ON LOUISE AND LEROY AVENUES IN ZONE D (ARCHITECTURAL OVERLAY) IN ADDITION TO THE BASIC R-l ZONING APPLICAIlLE THERETO." Councilman Reibold moved that the reading of the full body of Resolution No. 3051 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3051 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as fo llows : AYES: Councilmen Balser, Carnphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None , ., The City Attorney presented, discussed and read the title of Resolution No. 3062, 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 THE EXTENSION OF WINNIE WAY." I Councilman Camphouse moved that the reading of the full body of Resolution No. 3062 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3062 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 14. 10-7-58 RESOLUTION No. 3063 INDEX$I! P',{)~ I RESOLUTION No. 3064 nlDEXED 1409 RESOLUTION No. 3065 INDEx::.:n I /il'"'1l0 ':!l ":XL\. The City Attorney presented, discussed and read the title of Resolution No. 3063 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPLICATION FOR A VARIANCE FOR KITCHEN FM:ILITIES IN A GUEST HOUSE Kr 85 WEST LEMON AVENUE." Councilman Jacobi moved that the reading of the full body of Resolution No. 3063 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3063 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3064, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES. Councilman Balser moved that the reading of the full body of Resolution No. 3064 be waived. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved that Resolution No. 3064 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3065, entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF GRANT OF EASEMENT FOR UTILITY PURPOSES." Councilman Reibold moved that the reading of the full body of Resolution No. 3065 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3065 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 15. 10-1-58 <tsl:li PETITION (Traffic) riN?- RESOLUTION No. 3068 -::r,J.j; The City Clerk read a petition received from property owners, merchants and businessmen of Arcadia, protesting the recently installed intermittent barrier safety zone dividing Huntington Drive in the area east of Second Avenue to Fifth Avenue, for the reason that it prohibits potential customers from making a left. turn into their commercial driveways; that vehicles which have made a legal right turn entering their places of business may not make a left turn out of exit lanes which are not on corner locations. The petition added that where alleyways or intersections to adjoining parallel through streets are available, it is possible to circle a block and turn at next intersect<nn, but that in the aforesaid area no such through streets exist. The petition further requests the Council to intercede for them with the California Highway Department to consider their problem and the loss of revenue incurred, and to alleviate it by providing left turn or split line lanes to allow access to commercial driveways whose operation of business is dependent on passing traffic for existence. I Mrs. M. F. Chapps, owner of Chapps Automotive Service, 334 East Huntington Drive, addressed the Council, and reiterated substantially the information set forth in the petition. She added that to attempt to make left turns into the various business establishments is extremely hazardous because of the fast flow of traffic and suggested a stop light at Fifth Avenue set at 25 miles per hour. Mayor Phillips announced that in anticipation of the aforesaid protests he had requested the City Attorney to prepare a resolution to be sent to the State Highway Department, embodying the various aspects of the petition, as he felt there was undue hardship on the people in the area, and requested the City Attorney to present said resolution. Whereupon the City Attorney read in its entirety Resolution No. 3068, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE DIVISION OF HIGHWAYS OF THE STATE DEPARTMENT OF PUBLIC WORKS TO RECONSIDER THE ADVISABILITY OF REVISING THE PAINTED DIVIDER AND MEDIAN STRIPING OF CERTAIN PORTIONS OF HUNTINGTON DRIVE IN THE CITY OF ARCADIA." To Councilman Reibold's query as to whether it would be appropriate to add to the resolution the suggestion made by Mrs. Chapps, the City Attorney replied that it would be possible but that it might be better to just state the facts, to wit, that there are no traffic controls between Second Avenue and Monterey Road in Monrovia, as a result of which traffic is exceedingly fast, thereby increasing rather than decreasing the hazards of cars that must either cross or make turns left, "u" or otherwise. Mayor Phillips commented that item 10 on the agenda (Fifth Avenue Improvements) if approved, will provide a right angle crossing, that the bridge will be removed and the wash next year will be boxed and Fifth Avenue and Huntington Drive will hit at right angles. I The Director of Public Works then stated that the signalization conduit in the agreement refers to Monrovia; that the signalization of an off-set intersection is almost impossible with any degree of safety and removal of any hazards which may exist; that he. suggested waiting until a normal intersection is constructed at that location which would lend itself to the development of a good signal system. Mr. Edward A. Sonnenfeld, 320 East Huntington Drive, Council, stating that he did not believe a signal at section would solve the problem. He also touched on hazard for motor vehicles in that area. addressed the the s~'n inter- the increased 16. 10-1-58 (Resolution No. 3068 Continued) l..f'" f(.. I REQUESTS TO HOLD EVENTS II~:JE~~j,;D (.1:~J. ~..t'. (WABA Annual Band Review) li:X;:l._J . 14Jl2 Mrs. Hazel M. Simpson, owner of the Huntington Hotel, 418.East Huntington Drive, also spoke about the hazardous driving conditions in the area. Councilman Balser stated that he felt the Resolution presented by the City Attorney covered the situation as well as possible under the circumstances and moved that Resolution No. 3068 be adopted. Councilman Jacobi seconded the motion. councilman Camphouse suggested that Mayor Phillips be a committee of one to keep the petitioners apprised of the progress that is made and the petitioners chose Mrs. Chapps to be their spokesman. Mayor phillips said he would be happy so to do, ard called for a roll call vote for the adoption of Resolution No. 3068, which passed as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the City Manager that the request of the West Arcadia Business Association to hold its annual West Arcadia Invitational Band Review on Saturday November 22, 1958 at 10:00 A.M. be granted. councilman Jacobi moved that the Council accept the recommendation of the City Manager and grant permission to the West Arcadia Business Association to hold its annual West Arcadia Invitational Band Review on November 22, 1958 at 10:00 A.M. Motion seconded by Councilman Balser and carried unanimouslyo (Christmas Recommendation of the City Manager that the following requests for Decorations of the installation of Christmas Lighting for 1958 be granted: WABA, El Rancho West Arcadia Business Association - installation to be completed SABA, and by November 10th, with all decorations removed by January 10, 1959; DABA) r~- "~D ..lJ~"c.~ El Rancho Santa Anita Business Association, installed on December Ii '.1,.1- fI.J 1, 1958 and removed between January 1st and January 10th, 1959; CHAMBER OF COMMERCE I I~~:_ZX~_ Downtown Arcadia Business Association, installation to be completed by November 10, 1958 and removed by January 10, 1959. councilman Reibold moved that the recommendation of the City Manager be accepted and that the requests of the said business associations to install Christmas decorations and lighting for the year 1958 be granted; such installations to be in accordance with the Director of public Works' specifications and requirements. Councilman Jacobi seconded the motion and it was carried unanimously. Request of the Arcadia Chamber of Commerce that the City share in the deficit of $191.48 incurred in the sales promotion of the 1958 "Arcadia Days" 2nd Annual event. Councilman Camphouse stated that in line with the communication of october 2, 1958, received from the Arcadia Chamber of Commerce (said letter on file in the office of the City Clerk), setting forth the amount of expense and income from the 2nd annual "Arcadia Days' sales promotion event, and in view of the fact that this is an all-cooperative measure city-wide, he moved that Council approve the transfer from Council Contingency Fund of the sum of $191.48 to be placed in the General City Budget Account No. 12. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None AllSENT : None 11. 10-1-58 !413 FIFTH AVENUE IMPROVEMENT 1~.j1 STOP SIGNS ":.::":.--:':':0 RESOLUTION No. 3066 _,.J) S __ )'~1~ The Director of Public Works announced that the Corps of Engineers is planning in 1959 to improve the Santa Anita Wash from the Santa Fe Railroad to the proposed debris basin in the vicinity of Elkins Avenue. That as part of this project, Huntington Drive bridge crossing the Wash will have to be extensively altered and that it will be more economical to remove the bridge and construct a covered box section beneath Huntington Drive. That it would result in material savings for Monrovia and Arcadia if the present Fifth Avenue offset inter- section could be modified into a normal "Cross Intersection" at the same time the Corps is constructing the Wash and the new crossing for Huntington Drive. That portions of the Fifth Avenue improvement will have to be paid by the respective cities concerned, and that the estimated cost to Arcadia is $3900.00, representing one-half of the estimated cost of the curb, gutter and sidewalk installations. I He then recommended that the City Council authorize the execution of an Agreement between the Cities of Arcadia and Monrovia and the Flood Control District, which will make possible the Fifth Avenue intersection modification at Huntington Drive, under the provisions of the Corps of Engineers' Contract for the Improvement of Santa Anita Wash, and that the sum of $3900.00 be appropriated to make the deposit required by this agreement. Mrs. Hazel M. Simpson, 320 E. Huntington Drive, inquired of the Council as to what the City intended to do with the small triangular piece of land situated at Fifth Avenue and also as to whether any change was contemplated in the drainage structure. She was advised that both matters would be checked and information supplied. Councilman Reibold then moved that the Council approve the recommen- dation of the Director of Public Works and authorize the execution of the Betterment Agreement by the Mayor and City Clerk in form approve~y the City Attorney and that the amount of $3900.00 be /' c~~iDfrom the unappropriated surplus of the General Fund to 1 -the Capital Improvement Fund to make the deposit required by this agreement. Said motion seconded by Councilman Balser and carried on roll call vote as follows: . AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of City Manager and the Director of Public Works that the Council approve by resolution the installation of stop signs on Camino Real Avenue at its intersection with First Avenue) and the installation of stop signs on Holly Avenue at its intersection with Camino Real Avenue. Councilman Balser moved that the Council accept the recommendation of the City Manager and the Director of Public Works and approve the installation of stop signs on Camino Real Avenue at its inter- section with First Avenue and the installation of stop signs on Holly Avenue at its intersection with Camino Real Avenue. Said motion seconded by Councilman Jacobi and carried unanimously. I Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3066, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING CERTAIN INTERSECTIONS OF PUBLIC STREETS AS STOP INTERSECTIONS AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT." Councilman Balser moved that the reading of the full body of Resolution No. 3066 be waived. Motion seconded by Councilman Reibold and carried on roll call vote as follows: 18. 10-1-58 (Resolution No. 3066 Continued) ... - - .' S:ii1-A~f' CI IALL FOR IDS Fire Alarm ystem) 111rf TRACT No. 21582 (Sharon Rd. FINAL) IACCEPTANCE F WORK . (H~ntington rlve - addock) ,1,(.j :(30 I 41414 AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved that Resolution No. 3066 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The Director of Public Works submitted plans and specifications for the installation of a Telephone Fire Alarm System consisting of Alarm Standards, Pull Boxes, Conduit Runs and appurtenant work, for 20 stations located in the Downtown,~est Arcadia and El Rancho business sections. He stated that said plans have been prepared in accordance with instructions and requirements of the Pacific Telephone and Telegraph Company; that the utility company will mount and connect the actual fire alarm devices and make all the connections at the Central Fire Station and that effort is being made to have this installation completed and ready for operation simultaneously with the completion of the Central Fire Station. That the estimated cost of this work is $15,500.00 and that it is his recommendation that the City Council approve said plans and specifications and authorize the City Clerk to advertise for bids. Councilman Jacobi moved that the Council accept the recommendation of the Director of Public Works, approve the plans and specifications for the installation of a Telephone Fire Alarm System consisting of Alarm Standards, Pull Boxes, Conduit Runs and appurtenant work, for 20 stations located in the Downtown West Arcadia and El Rancho business sections; that the cost of said work, estimated at $15,500.00, be financed from the Capital Improvement Fund, and that the City Clerk advertise for bids to be received on Monday, October 20, 1958, at 11:00 o'clock A.M. Said motion seconded by Councilman Balser and carried unanimously. Recommendation of the Director of Public Works and the Water Superintendent that approval be given final map of Tract No. 21582, located on Sharon Road west of Holly Avenue, as all conditions imposed have. been met. ) Motion was made by Councilman Reibold that final map approval be given Tract No. 21582 and that the City Clerk be authorized and directed to endorse in due form such seal of the City of Arcadia thereon; that the street be accepted for maintenance by the City of Arcadia, and the bond released. Motion seconded by Councilman Balser and carried unanimously. Recommendation of the Director of Public Works that the City Council accept the work as completed under contract with J. E. Haddock, Ltd., contractors for the final unit of the development of Huntington Drive, between Golden West Avenue and Michillinda Boulevard. Councilman Balser moved that the City Council approve the recommendation of the Director of Public Works and that the work under contract with J. E. Haddock, Ltd. for the final unit of the development of Huntington Drive, between Gold West Avenue and Michillinda Boulevard be accepted for maintenance, and final payment in accordance with the contract documents be made. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 19. 10-1-58 ,* ~4i:;) ZONE CHANGE (Wise) .I'\~' '.f ~'1 -' SETBACK REQUEST ?''I4'f RESOLUTION No. 3070 ...\, 1~1 BID RESULTS :7?,I~oJ Planning Commission Resolution No. 312 recommending the granting of the request of Sherwood Wise for a change of zone classification from Zone C-2 to Zone R-3 on certain property south of Huntington Drive and west of Fourth Avenue. This matter requiring a public hearing, Councilman Camphouse moved that the date for public hearing thereon be set for October 21, 1958 at 8:00 P.M. and that the City Clerk give the required notice thereof. Said motion seconded by Councilman Balser and carried unanimously. Planning Commission recommendation regarding petition from property owners requesting a change of setback on the south side of Huntington Boulevard between Baldwin Avenue and the west City limits from 50 feet to 35 feet. I This matter requiring a public hearing Councilman Jacobi moved that the date for public hearing thereon be set for October 21, 1958 at 8:00 P.M. and that the City Clerk give the required notice thereof. Said motion seconded by Councilman Camphouse and carried unanimously. The City Attorney then presented, discussed and read the title of Resolution No. 3070 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO ALTER THE SETBACK LINE HERETOFORE ESTABLISHED ON A PORTION OF HUNTINGTON BOULEVARD IN SAID CITY." Councilman Reibold moved that the reading of the full body of Resolution No. 3070 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3010 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The Director of Public Works reported the following bids received: BEAUTIFICATION OF HUNTINGTON DRIVE From Hichillinda Boulevard to Holly Avenue: Moulder Bros. E. E. Jensen United Sprinkler Co. Valley Crest Landscaping Nurseries $19,255.00 90.183.00 92,265.00 99,850.00 I Recommendation of Director of Public Works that Council award the contract to the low bidder, Moulder Bros. of Glendale, California, in accordance with their proposal in the amount of $19,255.00. Councilman Reibold moved that the City Council approve the recommen- dation of the Director of Public Works and award the contract for the beautification of Huntington Drive from Michillinda Boulevard to Holly Avenue to Moulder Bros. in the amount of their bid $79,255.00; that all other bids be rejected; that the ~wyor and City Clerk be authorized and directed to execute the contract in form approved by the City Attorney; and that all irregularities or informalities in the bids or the bid process be waived. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: 20. 10-7-58 I I (Bid Results Continued) -;r"'}/ f (k41d AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSl;:NT: None 1958 TREE RENOVAL OF 21 DEAD AND DANGEROUS TREES Johnson Tree Service California Tree Service Western Truck & Tree $4,509.00 4,535.00 4,625.00 Recommendation of the Director of Public Works that the City Council award contract to Johnson Tree Service in accordance with their quotation in the amount of $4,509.00. Councilman Camphouse moved that the City Council approve the recommen- dation of the Director of Public Works and award the contract for the removal of 21 dead and dangerous trees, in accordance with specifications approved by the City Council on September 16, 1958, to Johnson Tree Service in the amount of their bid of $4,509.00; that all other bids be rejected; that the Mayor and City Clerk be authorized and directed to execute the contract; and that all irregularities or informalities in the bids or the bid process be waived. Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSl;:NT: None 1958-59 STREET RE-SURFACING _-/ ~~ p II Warren Southwest, Inc. Griffith Co. Osborn Co. Sally Miller E. C. Construction Co. American Asphalt $20,744.10 21,064.15 23,564.10 24,860.10 25,101.30 27,310.90 (Engineer's estimate 24,552.50) Recommendation of the Director of Public Works that the City Council award a contract to Warren Southwest, Inc. for the resurfacing of 12 City Streets, and include the following alternate streets: Sycamore Ave. from Rodeo Road to Santa Anita Ave. Santa Cruz Ave. from Colorado to San Rafael Okoboji Dr. from Sunset to west City limits Warren Way from Live Oak to Las Tunas Drive He added that based on the low bid of Warren Southwest, Inc. the cost of these alternates would be $5,658.76, bringing the total contract price to $26,403.46; and that the total amount of funds available for this project is $30,000.00 from State and County Gas Tax funds. Councilman Camphouse commented that it should be noted that the key to the total amount of funds available for this project is the $30,000.00 from State and County Gas Tax funds. Councilman Balser moved that the City Council approve the recommen- dation of the Director of Public Works and award the contract for the resurfacing of twelve City streets to Warren Southwest, Inc., in the amount of their bid of $20,144.70, plus the four above mentioned alternate streets in the amount of $5,658.16, a total of $26,403.46; that all other bids be rejected; that the Mayor and City Clerk be authorized and directed to execute the contract; and that all 21. 10-7-58 . i'~ It:.;c tJ SYCAMORE BRIDGE t ~ I,'. REFUNDS (O'Barr and ,Henen) INDEX!:D 1": RfvvJ-- ,RETIREMENT 1:~ ~.5" irregularities or informalities in the bids or the bid process be waived. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips announced that on August 8, 1958 the City Council authorized the execution of a betterment agreement with the Los Angeles County Flood Control District regarding the construction of certain betterments and the design of a bridge to be built at a later date across Sycamore Avenue. That the agreement provided that the City was to deposit with I the District $10,100.00, I~li~h is the total estimated cost of the betterments plus the cost of the design of the Sycamore Avenue bridge and approaches. He added that it is the recommendation of the City Manager that said sum of $10,100.00 be appropriated to the Capital Projects account from monies available in unappropriated surplus of the General Fund and that such amount be deposited in accordance with the agreemen t . Councilman Jacobi moved that the City Council accept the recommendation of the City Manager and that the sum of $10,100.00 be appropriated to the Capital Projects account from monies available in unappropriated surplus of the General Fund and deposited in accordance with the agreement between the City of Arcadia and the Los Angeles County Flood Control District for the construction of certain betterments, plus the cost of the design of the Sycamore Avenue bridge and approaches. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the Director of Public Works that the Council authorize a refund to be made to Mr. G. L. O'Barr at 201 East Floral Avenue in the amount of $54.15, which amount was assessed against his property for a sewer lateral which he had paid for when the main line sewer was installed in the street; that this lateral is shown in the records of the consult- ing engineers as being installed, but that excavation failed to find the lateral. Request of City Clerk to refund $18.75 to Harwood Hellen, 25 Hestmont Drive, Alhambra, California, being the unused portion of investigation fee deposited in connection with his application for a business permit. Councilman Reibold moved that the Mayor and City Clerk be authorized to refund the sum of $54.15 to Mr. G. L. O'Barr, 201 E. Floral Avenue, Arcadia, covering a sewer lateral which had not been installed, and the sum of $18.15 to Harwood Hellen, 25 Hestmont Drive, Alhambra, being the unused portion of investigation fee deposited in connection with his application for a business permit. .Said motion seconded by Councilman Jacobi and carried on roll .call vote as follows: I AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Report and recommendation of October 3, 1958 of the City Manager regard- ing OASDI and SERS for City personnel. Mayor Phillips suggested that said report be taken under advisement for further study by the Council. Whereupon Councilman Camphouse moved that the matter be taken under advisement. Councilman Jacobi seconded the motion and it was carried unanimously. 22. 10-7-58 MANAGER PRO TEMPORE ll-7n=::ZD P:~;t CONFERENCES ..IL\.C~';;:ED I COUNTY BOUNDARY COMHISSION Il::8B:~3]j I ~4il;::. Recommendation of the City Manager that the Director of Public Works be appointed to serve as Manager Pro Tempore during the absence or disability of the City Manager. Councilman Reibold moved that the Council approve the recommendation of the City Manager and that Mr. Charles E. Lortz, Director of Public Works, be appointed to act as City Manager Pro Tempore during the absence or disability of the City Manager. Said motion seconded by Councilman Balser and carried unanimous.ly. Recommendation of the City Manager that the Mayor, City Councilmen, members of the various Commissions, and those department heads who participate in the activities of the League of California Cities, be authorized to attend the 60th Annual Conference of said League, to be held in Los Angeles on October 26th to 29th, 1958, inclusive. Request of City Manager for permission to attend the 44th Annual Conference of the International City Managers Association to be held in Dallas, Texas from October 19 to October 22, 1958. Councilman Camphouse moved that the Council grant permission to the City Manager, the Mayor, City Councilmen, members of the various Commissions, and those department heads participating in the activities of the League of California Cities to attend the 60th Annual Conference of the League of California Cities, to be held in Los Angeles October 26th to 29th, 1958 inclusive; also that Council grant permission to the City Manager to attend the 44th Annual Conference of the International City Managers Association to be held in Dallas, Texas from October 19 to October 22, 1958, as provided in the budget, and expenditures for same to be substantiated by itemized expense accounts, approved by the City Manager and the City Controller as to staff members' accounts, and by the Council as to Councilmen's accounts. Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Notices of the following annexations by the City of El Monte of certain uninhabited territory: Annexation No's 166 and 161 - Area lying north and east of San Bernardino Freeway. Annexation No. 168 - Subdivision lying between Lansdale Street and Valley Boulevard, contiguous with the boundary of the City of El Monte. Annexation No. 165 - 5 lots located north of Lower Azusa Road contiguous with the boundary of the City of El Monte. Annexation No. 169 - That portion lying easterly of Peck Road and south of Woodville Drive. Annexation No. 150 - Corrected legal description previously submitted for a small portion of land lying westerly and southerly of Gidley and Arden in the County, contiguous to the City of El Monte. Annexation No. 110 - Small portion of land lying southerly of WoodviIle Drive, which is contiguous to the City of El Monte. Mayor Phillips ordered the notices filed as they have no effect upon the City of Arcadia. 23. 10-1-58 4l/Li9 MATTERS FROH CITY OFFICIALS FINAL ACCEPTANCE }-37l- (C.OLOItA'DO Sf") HUNTINGTON' DRIVE from Colorado Place to 5th Avenue ZONE CHANGE :.(4// Nt, f ",I' f'J Recommendation of the Director of Public Works that the City Council accept the work under contract with the Harvey Construction Company for the improvement of Colorado Street from Michillinda Avenue to Princeton Road, and authorize final payment to be made in accordance with the contract documents. Hotion made by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows, that the recommendation of the Director of Public Works be approved and the work of Harvey Construction Company be accepted for the improvement of Colorado Street from Michillinda Avenue to Princeton Road, and authorize final payment to be made in accordance with the contract documents, I AYES: Councilmen NOES: None ABSENT: None Balser, Camphouse, Jacobi, Reibold, Phillips r..- {:(,;..vl!. " 0 (: sr rJ P/?/,vC& Fe-.V A general,d~cussion wa~ had regarding Huntington-Drive from ~do ... I' tH/~II\104 Ll .. . . ~ to ~Lh-:~cnHe, wh1ch, the D1rector of PubI1c Works stated, 1S a State Highway. In answer to questions he informed the Council that the State contemplates putting in asphaltic concrete paving between the existing gutters and the old pavement; that at Baldwin and Colorado a channelization structure both immediately west and east of the intersection is being planned; that a signal had been requested there but that the State did not consider the traffic volume sufficient for that purpose; however, a traffic count would again be made in order to secure reconsideration and that he would keep the Council informed of developments. Councilman Camphouse advised that with regard to the matter of Planning Commission Resolution No. 299 recommending change of zone from R-l to R-3 on Duarte Road between Holly Avenue and the commercial zone near Baldwin Avenue, which matter had been heard and discussed before the Council on August 19, 1958 and taken under advisement for further study, the Church of the Good Shepherd had requested that Council take immediate steps toward the rezoning of the lot owned by said church at 424 Duarte Road; that haste was necessary in this con- nection for the reason that the church's privilege of using the Holly Avenue School playground for parking.on Sundays had been revoked by the school and that they were in dire need of parking facilities. He added that he did not believe immediate action by the Council in this connection would in any way be detrimental to those property owners resisting the requested zone change and that it would not in any way deter the long range development of the area; that he felt the matter was urgent enough to warrant immediate consideration by the Council in an effort to alleviate the parking problem of said church. He also displayed a map of the property in question. The City Attorney then advised that the Council has jurisdiction to I rezone all or any portion of the property in that particular area; that it had been recommended it be rezoned in sections upon the performance of specified conditions as to those individual sections; that it was the recommendation of the Planning Commission that it be broken into seven separate units, each one of which was to get its zoning when the conditions applicable to that one section were accomplished; that the church property in question was under a separate section as to which there were no conditions applicable and it was separately described; and that Council could proceed to reclassify that one part. 24. 10-7-58 ORDINANCE No. 1034 (Introduced) INDEXED I AMENDMENT TO ORDINANCE NO. 837 ORDINANCE No. 1031 (Introduced) ,IL'IDEXEIl -~.----- I i4.k\, Whereupon the City Attorney presented, discussed and read the title of Ordinance No. 1034, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY ON THE SOUTH SIDE OF DUARTE ROAD FROM R-l TO R- 2. He added that said ordinance recites the institution of the proceedings, the holding of necessary hearings, and the determination that this one parcel be reclassified. Councilman Camphouse moved that the reading of the full body of Ordinance No. 1034 be waived. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Ordinance No. 1034 be instroduced. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen None None Balser, Camphouse, Jacobi, Reibold, Phillips Councilman Camphouse then moved that the City Manager be instructed to advise the owner of the property of the introduction of said Ordinance No. 1034 and of Council's intention to adopt said ordinance upon the tender of a deed of 12 feet for the widening of Duarte Road in accordance with the recommendation of the Planning Commission. Councilman Balser seconded the motion and it was carried unanimously. Councilman Balser brought up the matter of the amendment to Ordinance No. 837 with respect co keeping an,mals w,ch,n 75 feet of any public screet. He added that this matter had been before the Council on August 19, 1958 and taken unu~r advisemene for study and staff report, and reiterated his opinion that said ordinance was discriminatory to owners of corner lots. Whereupon the City Attorney presented, discussed and read the title of Ordinance No. 1031, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 8-c OF ORDINANCE NO. 126 OF SAID CITY." He added that the only change was to change the last sentence of Section 8-c, which formerly read: "within 15 feet of any public street" and now states: ~within 15 feet of the front lot line of any lot or parcel of ground." That this creates a front yard of 15 feet so far as the keeping of .animals is concerned. Councilman Balser moved that the full reading of Ordinance No. 1031 be waived. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved thac Ordinance No. 1031 be introduced. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Reibold, Phillips NOES: Councilman Camphouse ABSENT: None 25. 10-1-58 41:.421- (Mayor Phillips) (Misc1. ) ~ NS SAN GABUEL VALLEY SYMPHONY ASSOCIATION INDEXED NS~ (City. Attorney) (Misc 1. ) tfS~ ORDINANCE No. 1033 (Introduced) INDEJtED Mayor Phillips mentioned that he had received a letter from Frank Bonnelli regarding the development of Huntington Drive; also that he had received from the Mayor of Miami a report on their agenda ordinance which would be applicable to a charter city and requested the City Attorney to study it and circulate pertinent facts to the councilmen. He also stated that he had received a communication from Mr. Harold H. Scott of the San Gabriel Valley Symphony Orchestra Association asking for reconsideration of Council's decision not to donate during 1958. He added that in the past the City had included $500.00 in its budget for this purpose but that this had not been so designated in the 1958-59 budget. I Upon general discussion of the councilmen wherein it was their conclusion that this association deserved the assistance of this City; that all of the neighboring cities had contributed; that the County of Los Angeles participates in approximately twelve community groups in areas that are incorporated, as well as the Hollywood Bowl and the like; and that this type of project has a certain amount of community appeal, Councilman Camphouse moved that the Council appropriate from the Council Contingency Fund the sum of $500.00 for the San Gabriel Valley Symphony Orchestra Association. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney advised that he had been asked by the League of California Cities to give a paper at the City Attorneys' section and had been asked to serve on a five-man committee, comprised of three city officials and two county officials, to review annexation legislation and to make a report to the forthcoming session of the Legislation. He stated that he had also been requested to review proposed legislation which he had suggested some time ago which will permit the establishment of parking regulations on parking district and publicly owned parking lots by resolution, the same as now can be done on public grounds; that such method of regulation is more flexible and more readily adopted than regulation by ordinance; that such legislation would doubtless be presented at the next session of the legislature. The City Attorney presented, discussed and read the title of Ordinance No. 1033, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LIVE OAK AVENUE IN SAID CITY IN ZONES C-2, R-3, P AND D." I He added that this is the property between Third and Fourth Avenues on the north side drawn in accordance with the recommendation of the Planning Commission in anticipation of Council's favorable action at this meeting, as there had been no appreciable opposition voiced at the Planning Commission hearing. Councilman Jacobi moved that the reading of the full body of Ordinance No. 1033 be waived. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 26. 10-1-58 (Ordinance No. 1033 Continued) ~4.22 Councilman Jacobi further moved that Ordinance No. 1033 be introduced. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: INPE~ AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None ORDINANCE NO. 1032 (Introduced) I INDEXED INSURANCE (False Arres t) ~\~ I The City Attorney presented, discussed and read the title of Ordinance No. 1032, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY IN SAID CITY AND ESTABLISHING THE SAME IN ZONES C-2, P, R-3 AND D." He added that the ordinance pertains to the Stogsdill property and is drawn in accordance with the Council's determinations made some months ago as to the C-2 and PR-3 zoning and in accordance with the Council's determinations this evening as to the D Zone; that he had taken the liberty of having the ordinance prepared in advance of the meeting inasmuch as the Council had previously determined the C and PR-3 portions of it and had itself requested the institution of the proceedings for the D overlay portion. Councilman Reibold moved that Ordinance No. 1032 be waived. and carried on roll call vote the reading of the full body of Motion seconded by Councilman Camphouse as fo llows : AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1032 be introduced. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold, Phillips NOES: Councilman Balser ABSENT: None The Assistant City Attorney advised that approximately nine months ago the City had purchased a false arrest and malicious prosecution insurance policy from Lloyds of London through a local broker and a local underwriter; that by the time the policy arrived in London Lloyds decided that the underwriters had written more coverage than they had intended; that they have now asked that the City purchase a new policy at double the rate if the City intends to include all of its employees in the coverage. That the local broker has asked another Lloyds' underwriter to write the same policy, covering all City employees, for about $60.00 more premium per year than the present policy. That they have requested the City to cancel out on a pro rata basis and they will repay the City for the balance of the unused premium and then write a new policy with the new underwriter which will be substantially the same as the City's present coverage. He then recommended that the City Council authorize the Staff to negotiate a new policy covering false arrest, malicious prosecution and assault and battery covering all City employees with a new Lloyds of London underwriter through the brokerage firm of Miller, Kuhrts and Cox, and to cancel on a pro rata basis the present policy concurrently with issuance of the new policy. 21. 10-7-58 4h4c.23 , . ADJOURNJ.1ENT Councilman Jacobi moved that the Council accept the recommendation of the Assistant City Attorney and authorize the Staff to negotiate a new policy of insurance covering false arrest, malicious prosecution and assault and battery covering all City employees' with a new Lloyds of London underwriter through the brokerage firm of Miller, Kuhrts and Cox, and to cancel on a pro rata basis the present policy concurrently with the issuance of the new policy. Said motion seconded by Councilman Camphouse and carried unanimously. Councilman Balser moved that the meeting adjourn. Councilman Jacobi seconded the motion and it was carried unanimously. Mayor ATTEST: ~~Zh-~.~>>Z~~ City Clerk 28. 10-1-58 I I