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HomeMy WebLinkAboutSEPTEMBER 24,1964 ROLL CALL LITIGATION (Margolin) :f 3 oS' "- 1 16:6370 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 1. 9-24-64 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. 1 BaA, 'c.~ Mayor Turner ~ /~ ------ ATTEST: ~;%d~ City Clerk 2. 9-24-64