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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. 1-22-63 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 . . " ., ' UotW;Q4 Mayor Butterworth. . , .1.1 ,~. ;. .. ..r.:.)l d i;. '''::f ATTEST: ~~PCI/AI~ City Clerk '. '.' . c. '. ',lI .', i ~ .', ~ ,'\h.i',.>J1 ~. .: ~ ':'"' ....- . ,J.... ..._... , " .~, ", ):. c. -I ,6. 1-22-63