HomeMy WebLinkAboutSEPTEMBER 24,1964
ROLL CALL
LITIGATION
(Margolin)
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MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
ADJOURNED REGULAR MEETING
SEPTEMBER 24, 1964
Pursuant to the order of adjournment of the regular meeting of the
City Council of September 15, 1964, the City Council of the City of
Arcadia, California, met in adjourned regular session on September 24,
1964 at 7:30 P.M. in the Council Chamber of the City Hall.
PRESENT:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold, Turner
None
The City Council explored,at length the recent decision of the
Superior Court in connection with the City's complaint for $25,000
due under an Agreement for liquidated damages which was defaulted
last September by Nate Margolin when he failed to meet conditions of
a zone variance on his former property at the northwest corner of
Santa Anita Avenue and Las Tunas Drive. The Court had ruled that the
City did not have the right to enforce such an agreement. The City
Attorney pointed out that the decision, if sustained, CQuld undermine
the ability of cities to require certain improvements and safeguards
as conditions for granting zone variances.
The original zone variance application was filed with the Planning
Commission in January 1958 and the Commission in March 1958
recommended approval of the request on conditions. The City Council
on June 17, '1958 granted the zone variance subject to specific
conditions. On January 5, 1960 the final plans for a shopping center
were approved by the City Council, construction to start that month.
In June a request for extension of time received with assurance that
construction would proceed on a firm schedule. In August 1961
another extension was granted in accordance with terms of a bonded
agreement that the construction schedule would be kept and $100 per
day damages paid for the inexcusable delay, the first phase to be
completed by August 31, 1962 and the second phase by January 31,
1963. None of these conditions were met.
Considerable discussion ensued pertaining to approximate costs of a
first appeal, the possible effect on future litigation into which the
City might enter, the loss of revenue which would have accrued to the
City if the construction had materialized,and the deteriorating
effect on the area as a result of the vacant property on this
valuable corner. It was the consensus of the City Council that steps
should be taken so that a similar situation does not again occur.
Councilman Considine then MOVED that the City Council authorize the
City Attorney to proceed with necessary steps in this one specific
case and that not more than $3000 be expended; that said sum be
appropriated from Council Contingency Account, Councilman Forman
seconded the motion which was carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold, Turner
None
None
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LIVE OAK
(Report)
CHAMBER
OF
COMMERCE
BANNERS
(KIWANIS
DANCE)
0..: PI:...
ADJOURNMENT
16:6371
The Planning Director summarized the contents of an extensive study
on the use and condition of the 'South Arcadia Live Oak Business
District' providing for the major functions of the area, its future
and recommendations for improvement. The Planning Commission had
suggested an emergency moratorium on building permits along Live Oak
Avenue between El Monte and Second Avenues.
The City Council expressed the desire for sufficient time to review
the report before discussion. Mayor Turner ordered the matter
placed on the agenda for October 6, 1964.
Councilman Considine advised that the City Council had requested the
Planning Commission to make a study of proper zoning for the property
on which the City is going to build for the Chamber of Commerce, and
now that the Chamber is not seeking outside financing and the
building will be City owned it would seem advisable to remove the
matter from the Planning Commission's agenda for the time being and
not put the Commission to the trouble of completing. the zoning
procedures; that he had been asked to convey the thinking of the
Commission.
It was brought out that the public hearing on the zoning had been
noticed prior to the City Council's action to finance the building
and the Commission had withheld any determination in the zoning phase
at its meeting of September 22nd, awaiting word from the Council on
its suggestion to delay further consideration at this time.
The City Council concurred in the suggestion and it was agreed that
the Planning Commission set a time certain - in approximately six
months - to further review the matter.
MOTION by Councilman Reibold, seconded by Councilman Forman and
carried unanimously that permission be granted the Arcadia Kiwanis
Club to install two banners publicizing its forthcoming annual child
welfare dance, one banner to be installed on.Baldwin Avenue and the
other on Huntington Drive. The City Council prohibited any instal-
lation on Huntington Drive between First and Second Avenues.
The City Attorney handed each Councilmen a packet containing copies
of resolutions and ordinances which he had been asked to prepare for
their consideration.
Mayor Turner
City Council
adjourned the meeting at 8:50 P.M. The next regular
meeting will be held October 6, 1964.
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Mayor Turner
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ATTEST:
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City Clerk
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