HomeMy WebLinkAboutJANUARY 22,1963
I_c~
APPROVAL OF
MINUTES
(1-15-63)
RESOLUTION
NO. 3563
(F: 950)
1
15:5881
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
ADJOURNED REGULAR MEETING
JANUARY 22, 1963
Pursuant to the order of adjournment of the regular meeting of the City
Council of January 15, 1963, the City Council of the City of Arcadia
met in regular adjourned session in the Council Chamber of the City Hall
at 7:00 P.M., January 22, 1963.
PRESENT :
ABSENT :
Councilmen Balser, Phillips, Reibold, Turner, Butterworth
None
MOTION by Councilman Reibold, seconded by Councilman Turner and carried
unanimously that approval of the minutes of the regular Council meeting
of January 15,1963 be waived.
The City Attorney presented, read the title, entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING AND RE-
INSTITUTING PROCEEDINGS FOR, SETTING A PUBLIC HEARING CONCERNING AND
GIVING NOTICE OF THE TIME AND PLACE OF SUCH PUBLIC HEARING CONCERNING
THE PROPOSED ANNEXATION TO THE CITY OF ARCADIA OF CERTAIN TERRITORY
ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF SAID CITY, SAID
TERRITORY BEING SITUATED NEAR THE NORTHWESTERLY PORTION OF THE CITY OF
ARCADIA AND DESIGNATED AS 'ANNEXATION NO. 29, NORTHWEST ARCADIA
(UNINHABITED)'," and explained the content and effect of Resolution No.
3563, to wit: That on December 18, 1962 the Council adopted Resolution
No. 3532 which initiated proceedings for the annexation to the City of
Arcadia of certain contiguous territory designated as Annexation No. 29,
Northwest Arcadia (Uninhabited); that prior to said time the Council had
been advised by the Los Angeles County Registrar of Voters that less than
12 voters were registered to vote within said territory; that subsequent
to the initiation of said proceedings the said Registrar of Voters
advised the City Clerk that as of December 18, 1962 the total registered
voters within said proposed annexation was 15.
That of said 15 persons at least five have moved to other permanent
residences and on December 18, 1962 and for some time prior thereto
did not and had not resided within said territory. That even though
the records of the Registrar of Voters may indicate that 15 persons were
on December 18, 1962 shown as registered to vote within said territory,
said territory is nevertheless uninhabited within the meaning of Section
35303 of the California Government Code by reason that less than 12
persons who have been registered to vote within said territory for at least
54 days prior to December 18, 1962, resided within said territory at the
time of the institution of the annexation proceedings. That to remove
any doubt and to forestall litigation, the Council re-institutes the
proceedings conditionally, Resolution No. 3563 providing that the
annexation proceedings thereby reinitiated shall be effective only in
the event that the proceedings initiated by said Resolution No. 3532
are finally adjudicated to be invalid by a court of competent
jurisdic tion.
MOTION by Councilman Phillips, seconded by Councilman Balser and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3563 be waived:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
1.
1-22-63
"
TRACTS
NO. 1098S. & 808
(Trust)
TRACT
NO. 22314
HOUSE MOVING
(McBane)
(P:HM)
15 :'5882
Councilman Phillips further MOVED that Resolution No. 3563 be adopted.
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
MOTION by Councilman Turner, seconded by Councilman Phillips and carried
unanimously that the Mayor and City Clerk be authorized to execute,
in form approved by the City Attorney, Declaration of Trust No.. S 14726 I
from the Title Insurance and Trust Company, in the amount of $2,840.42
as consideration for parcell of Tract No. 808 and in the amount of
$2,450.60 for parcel 2 of Tract No. 10985, the term of the trust to be
20 years and interest to be at the rate of 6% per annum.
MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried
unanimously that the Mayor and City Clerk be authorized to execute, in
form approved by the City Attorney, Declaratiqn of Trust from the Title
Insurance and Trust Company, with respect to Tract No. 22314 in the
amount of $855.17 as consideration for parcell and the sum of $3,672.26
for parcel 2, the term of the trust to be 20 years and interest to be
at the rate of 6% per annum.
The City Manager advised that Dr. J. Kendall McBane has requested
permission to move his residence at 1167 West Duarte Road, Arcadia, to
another lot to be purchased in the City, with the intention of utiliz'-
ing it as a single family dwelling for his family and to use the present
lot for multiple dwellings inasmuch as it is in an area zoned R-3.
The City Manager further advised in part that the subject house is
approximately 30 years old and that it might set a precedent to permit
it to be moved. That prior to March 1962 houses had been permitted to
be moved within the City under certain conditions, although houses
could not be moved into the City from outside. That in preparation for
the mass removal of houses as a result of the acquisition of land for
the Foothill Freeway a new house moving ordinance was adopted which
prohibits the moving or relocating of any building in the City to any
lot or place within the City; however, that a building constructed on
a lot in the City may be relocated upon the same lot upon certain
conditions.
The City Attorney commented that if the Council did desire to grant the
requested permission it would require an amendment of the ordinance.
To Councilman Turner's question as to whether there has been an inspection
of the subject building, the City Manager replied that inasmuch as therel
are no provisions in the ordinance for any such variance, inspection had
not been made; that this would be done, together with other requirements
such as submission of photographs of the complete exterior of the house
to be moved, termite inspection report, and a moving permit issued only
after the Council has approved the location to which the house is to be
moved to make certain that the structure is compatible with the houses
in the area of the new site. Councilman Turner then stated in substance.
that he did not think the Council should take any action until a report
is received from the Building Department as to whether the structure is
capable of being moved. That the words "compatible with houses in the
area" should not apply inasmuch as even a new structure might not be in
that category; that a house has only to be in accordance with Code
requirements.
Councilman Phillips stated in part that had this been a request to move
the structure on the same lot it would not have been necessary to secure
,2.
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I
1
ANNEXATION
NO. 29 '
(F: 950)
AUDITORS
(F: :3.01)
FIRE ZONE
REPORT
(S:FD).
.', '
15:5883
Council approval; that he had favored the ordinance prohibiting moving
of houses to other lots in the City and that he was of the opinion that
'it would weaken this ordinance to permit any exception.
Councilman Phillips then MOVED that the Council deny the request of
Dr. J. Kendall McBane to move his house to another lot within the City.
Councilman Balser seconded the motion, adding that ,there had been many
problems in connection with house moving within the City prior to the
adoption of the subject ordinance and that to grant permission in this
one instance would not only set a bad precedent but would result in
many similar requests.
Councilman Reibo1d stated in.part that the Council was aware of Dr.
McBane's many civic performances and appreciated them and that the
Council would be inclined to cooperate with him, but that in this
instance no benefit to the City would inur; that the subject property
being so close to the County line, it would be very easy for Dr. McBane
to move the house into County area.
Councilman Turner stated in part that he had not been on the Council at
the time the new house moving ordinance had been discussed and adopted,
and was not aware of the problems mentioned; that if it were just this
one particular case, and the house was up to standard, he would feel
inclined to grant pe~i~sion; however, in view of the ramifications
which could follow, he thought it best to deny the request.
Councilman Phillips mentioned instances where houses had been moved
to other lots and then allowed to 'remain without improvement of ,the
buir'ding'. .
There being no further discussion, the motion made was then unanimously
carried.
'Mayor Butterworth advised Mr. Paul Howe, who was seated in the audience,
that the Council had adopted, just prior to his entering the Council
. Chamber, Resolution No. 3563 reinstituting proceedings in the matter of
Annexation No. 29 for technical reasons.
The City Attorney retired from the Council Chamber at 7:35 P.M. and
returned at 7:55 P.M.
At the suggestion of the City Manager, Mayor Butterworth appointed
Councilmen Phillips and Balser as a committee to investigate and
recommend auditors for the audit of the City's books and records for
the fiscal year 1962-63, after which the Council would make its
determination.
Mayor Butterworth commented that although the firm of ,Lybrand Bros.,
Ross & Montgomery has done an excellent job for the City the past five
years, from a policy standpoint a change from time to time could be
indicated. Councilman Turner suggested that local auditors be
considered. He was advised that in the past local auditors preferred
not to become involved.
.Mayor Butterworth ordered the Fire ,Zone Report'dated December 28, 1962
prepared at the Council's request for clarification of the City's
present policy regarding fire zones and the effect of variances on
fire zones, referred to the Fire Chief and Planning Department for
further study and recommendation.
Councilman Turner oommented that he would like additional information
regarding page 3 of said report pertaining to cooking facilities not
being permitted in motels.
3.
1-22-63
RADIO
STATION
KRLA
(Civic
Forum)
(A:Council)
RADIO
PROGRAM
(Counc il)
TRACTS
NOS. 24140 &.
27647
(F:727 &.
F:963)
FORMER LIBRARY
(Land
Disposal
COllllllittee)
(F:703)
15:5884
Discussion was held on the request of Radio Station KRLA to produce a
Civic Forum program in Arcadia, to be held in the Council Chamber, which
would entail discussion with citizens of Arcadia problems and progress,
such forums being taped in their entirety, the final broadcasting of
the program to be the responsibility of KRLA, and that there would be
no cost to the City or any of the participants.
It being the consensus of the Council that although the cOllllllunication
of ideas would be good, that no benefit would inur to the City from
such a program, Councilman Turner MOVED that the City not participate
in such a program at this time. Councilman Balser seconded the motion
which was carried unanimously.
Mayor Butterworth mentioned that at one time the Council had tentativelyl
approved a radio station coming in the Council Chamber for the purpose
of taping a Council meeting and inquired as to the status of' that matter
The City Manager advised that he was of the opinion this was not definit
approved; that he would check into the matter. Mayor Butterworth then
requested the City Manager to advise the Council with regard thereto.
The City Manager advised that Tracts Nos. ~4l40 and 27647 were recently
approved by the Council, subject to certain conditions; that both
tracts are located on El Monte Avenue. That a condition of approval
which should have been listed for both tracts is as follows:
"The side yard setback on the street side of those lots on
El Monte Avenue shall be not less than 20 feet."
ThatEl Monte Avenue has a special setback line of 80 feet from center
line, or 40 feet from property line, and if the above condition is
approved the side yard would be reduced 50%. That a similar action
was taken by the Council on Tract No. 27186 located on the east side of
El Monte Avenue about 200 fe~t south of Las Flores Avenue in August 1962.
MOTION by Councilman Balser, seconded by Councilman Turner and carried
unanimously that the recollllllendation of the Planning Department be approved
and that the above condition be added to the original conditions of
approval for both, subject tracts.
The City Attorn~y commented that the Code might have to be amended to
provide for the above.
Councilman Turner, as a member of the Land Disposal COllllllittee, reported
on the status of the former library site and the events leading up to
the Lease Agreement and Purchase Option entered into with the Dentco
Corporation for the development of said property, in substance, that
said corporation had until December 31, 1962 to present plans and
specifications, which they tentatively complied with and at that time
were required to make a further deposit of $4000 to continue. That in
December 1962 they verbally requested an extension of time, such requestl
being based on the premise that 1) the freeway agreement had not been
signed, and 2) that they had not been aware of the City's plan to employ
a consulting firm for the purpose of determining the best uses of the
City's downtown area; that until such time as a master plan for such
area is finally consummated and accepted they do not feel construction
should take place as it might not be compatible with the final findings
and recommendations of such consulting firm. That the Council did
extend the time of performance for 30 days (January 31, 1963).
Councilman Turner continued, stating in part that presently the Dentco
Corporation has requested an additional minimum of six months after the
final acceptance of the Planners' proposal for the use of the downtown
area.
4.
1-22-63
I
1
LIBRARY
(Childrens'
Room)
<-,""',,' .-.
15:5885
Councilman Turner then MOVED that the City Council agree to extend the
dates contained in the agreement between Dentco Corporation and, the City
of Arcadia for a perioq of six months upon the payment of $4000 and a
modification agreement executed by Dentc~ Corporation by January 31, 1963,
said payment to be credited pursuant to the provisions of said agreement.
That if the aforementioned terms are not accepted by January 31, 1963.then
. . -,
said agreement shall be termined, the City Manager authorized,to accept
bids for the razing of the 'structure, on the property at the southwest
corner of First Avenue and Wheeler Street for consideration by the City
Council, and the Land Disposal Committee is authorized to negotiate for
the disposal of' the former library site in a similar manner as set :forth
in the agreement with Dentco Corporation. That Dentco Corporation is
encouraged to pursue the development of said. property as contemplated;
that if prior to disposal of the property to others Dentco Corporation
is in position to develop the property, the $3000 originally paid to the
City by the Corporation shall be applied to the then agreed upon sale
price.
Councilman Turner pointed out that if this matter is delayed for any
appreciable period of time values could change and considerable costs
incurred, and suggested that the new price should include such costs
and appreciation. He also stated that Dentco Corporation had agreed
verbally that if the extension of time is granted they would pay $1000
for the building which would not apply on the purchase price.
Councilman Turner continued, stating that the fact that Dentco Corpo-
ration was composed of local people with local interests had been an
influencing factor in the decision to favor their proposal, and that
at the start of negotiations they had seemed willing and able to pursue
the project to a conclusion. That it had been felt that this was what
was needed to spark the downtown development; however, that the matt~r
seems to have reversed itself at this time and now it would appear that
the Dentco Corporation is waiting for the downtown area to be the key
upon which they will proceed. That he felt his motion covers the feel-
ing of the Committee in that it does not exclude the subject corporation.
Extensive discussion ensued as to the extension of time and its possible
deterrent to the consummation of the agreement.
It being 7:55 P.M. and 8:00 P.M. being the time when the Planning
Commission was scheduled to meet in the Council Chamber, the Council
adjourned to the Conference Room where the discussion on the subject
matter continued.
The City Attorney read section (c), paragraph II and section (2) para-
graph III of the subject agreement regarding presentation of preliminary
plans and specifications within the performance period and the City's
approval of such plans and specifications, adding that he had not seen
any such plans and pointed out that according to the aforementioned
sections, if this were not done the agreement could be terminated and
the $3000 forfeited. The City Manager advised that tentative plans had
been submitted to the Planning Department but not to the Council.
It was the opinion of the Land.Disposal Committee that even Dentco
Corporation did not think they had submitted sufficient plans.
Councilman Reibold then seconded the motion made above, said motion
being carried unanimously.
Mayor Butterworth ordered the report on the completion of the Childrens'
Room in the Library to be placed on agenda for the next regular Council
meeting (February 5, 1963).
5.
1-22-63
INDEPENDENT
CITIES
(A: Ind.
Cities)
ADJOURNMENT
"",-'
15 :'5886
Councilman Phillips advised that he had received a communication from
the City of South Gate, a member of Independent Cities, enclosing a
resolution said city had adopted September la, 1962, opposing the
proposed introduction of a Bill in Sacramento by Assemblyman Phillip
Burton of San Francisco, which would make councilmanic elections partisan;
and requesting the City of Arcadia to adopt a similar resolution.
that while he agreed with the resolution he did not think Arcadia
should take any st'!p':"at t~li~c,~ime in that fegard untiJ the Bill is
i~5r~??ced in SacrB:~I}~o... r.iC;.~JI ....~.~_ .'-J..~, "
Mayo~ 'Butterworth request~d"i~~ City Manager"to i~~estigate whether
',I '
or not the Bill has been introduced, its progress through the Assembly
and to so advise the Council; that the Council would then' determine
whether it desires to adopt a similar resolution at the n~xt..meei:ing.
: 1m,
.; i -:d
1
t:: I ~
'"I>
. ,
At'~8;:'35 P.M.
at 7:30 A,M.
'. ";('t'l')l'
Mayor Butterworth adjourned
., '{l..f't'
in the Council Chamber.
, "
the'meeting,:to January 25,1963
I . .
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Mayor Butterworth. .
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ATTEST:
~~PCI/AI~
City Clerk '. '.' . c. '.
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,6.
1-22-63