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Home My WebLink AboutJANUARY 5,1982_2 I I CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON'FILE IN THE OFFICE OF THE CITY CLERK 25:0409q ROLL CALL " RESIGNATION Lojeski MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING JANUARY 5, 1982 The City Council of the City of Arcadia, California met in an adjourned regular session January 5, 1982 at 7:00 p.m. in the City Hall Conf~rence Room. PRESENT: Councilmen Dring, Haltom, Pellegrino, Saelid ABSENT: Mayor Gilb On MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried unanimously Mayor Gilb was excused. The meeting scheduled for January 25 with the School Board cancelled. City Manager to arrange another as soon 'as possible. On MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried unanimously the resignation of Dennis Lojeski from the Parking Place Commission was accepted with regret. The new appointment to be made to expire June 30, 1984. Arthur O'Daly, new District Manager of the Southern California Gas Company was introduced. Gerald Shuster, new City Finance Director, was introduced. He will commence January 18, 1982. Agenda items were explored. Council entered a CLOSED SESSION, reconvened and adjourned at 7:30 p.m sine die. Yit~~~ , Mayor ATTEST: t:lb7tiu:4 ~ City Clerk , -1- 1-5-82 u-_~'-:'_{>-;:.,. .., '"r .,~\.. "," '.... _~. '2''''''!'''''1:c~tJ;1'~':!.~t,~,~;::,:,:; ;"'\,~c~.o';')~.:i"~:i~i.41'1t.-;;'~~14~~~::;~,,~,?t-<t>;'!:+~~':f'0':;~:';i;,~,,,.,,,C7''i''~~"'' ;~:r~':., . -," "-:;'~~~'!:'?}~':;~ ~~:;~~.,. ".: ': ,~'.._ _' " " ,)-;",":" . -.''- .,',','~ .~: "', . -~.;~:::,:~:~.' ',' '. ",.". -" ~~", , . .'.... ,,~. ,~t.,:;i "~, . '~:,::1::~~B~~~=~: ~"~ ,. . ,,'~ ., c: I ........ Transcri pt (Insofar as decipherable) 333-421 East Huntington Drive Datsun Property Regular City Council Meeting January 5, 1982 I , , ~::~1t~~~~?!,:2~~~~~:il~~Z~~~:S;~;t<~!;~~~~:~~"'~~';A:~,:.,.'i:~:~;'?'.;;.:~f~"::J:"':~:~l::::~':7.~!;::';~'~~~J~~":;t.":>.....':"(~.;.;::;;'''\.~'~':-;',":~~.{..,ei;':' "'!",;~.;.. ..~:;'_ ,:'-::.j-;Z"~~ .,;: . ~..f':' ~',~.:..;~~.~..J< _ '." ,..f~~~~~<(~~~;,,*'~;,(~~~~~~~~,::~o::.r*:{.~~j~~~~~:~.~~,~~~1~)~5~~~i'~i~~t~~~~;~~;~~i~~~~\~~~''f:~~;''~~~:';.!7r''~;Z"f~~'~~~~~~"'~,...f,..;-:- -~ tY~"'..;,;"':'~',;~, ,.:...;. '-~"" ~:::;. ,..~;..... ,:,:,",,ji. ~'r"':,~1-w;~.<t. '-~"'~:-:-- " "": ..' ',1 ',> , IELID WOOLARD I """".. . .'.'" .....-:~~,..l',,':.::;j;.'.....,.~L.'.;~I.'";.;.~.,\~L''''r..'.'.~,\~,...;~.: ",;,' . " , '.'-'.' ,~ '....."'".'..... .,'.. '." ,'. "~ ..,-.,-.-. The next item is Planning Commission Resolution 1184, Mr. Woolard, Honorable Mayor and Members of the City Council the Planning Commission at its meeting of December 8 adopted resolution 1184 recommending the approval of a zone change 81-5 adds a "H" or a high-rise overlay zone for the property at 333 to 421 East Huntington Drive. The Planning Commission approved the zone change conditioned upon the development of the property as per the plans on file, the Conditional Use Permit Case 81-13. The Commission added this condition in order to encourage the development as proposed in this Conditional Use Permit and to discourage speculation which might inhibit the property de- velopment of the area. In order to provide the applicant sufficient time and assurance of his right to pursue this project and to provide the city with assurance that the proposed project will proceed in an expeditious manner and that the necessary zoning would be revoked if not pursued in an expeditious manner. The applicant and the Agency should enter into an owner-participation agreement which will set forth the applicant's and the city's commitments and time tables for performance. An owner-participation agreement is provided for in the State Law. It is similar to a Disposition & Development Agreement in that it assures timely development. It differs from the Disposition & Develbp- ment Agreement in that it is designed for use with developers that hold title to their own sites. City staff and the applicant have met several times dur- ing the past couple of weeks and have arrived at a mutually agreeable time table which could be incorporated into an owner-participation agreement. Staff recommends approval of the proposed zone change subject to the execution of the owner-participation agreement which incorporates the time table of perfor- mance indicated in the cover letter. If the Council determines that this zone change is appropriate it should direct the City Attorney to prepare an ordinance for introduction. The applicant of this zone change is Robert J. Low - the -1- ,~':.r ...:... .' ~.' .._\' ',.', '_,' ._' , -. ',', '-:...::.< ;:.,-." .....<..... ,~:.._. ..h -, ..~'.......~/-"'t?~:-:.:.:-"::.: :,.,......; ;-; ,:-: -:: '.....~:.j;,~l_;.:....~+-;::.::;-..s:=J..~':.:;.J:~:~.";.-.~ '.'. "',' ~:2. ;;:;~::.::;>.~ ,-:: '.: .' ~.:...\;;~.':. \:.....: . ,",-,. ":":'~~!,":5;"':~~.:il't~'-.;:::-:"'~?-:f::': ,~ ~ , . ;. ,:.>. ,). .:";;";;:'b,'!.,.I;~...., -,,\~....,;j)- .r.r-, -::; .,~"",;. :.'. ,,,,:-~~:,:!-,,,. ..' .:.;, O\<,r";'.'~ :.t'.~(~.~~A: _, :!~";;:;'r.."''<'-'7':;_';: J',' ,..-.~.' .:J, <i.'~.,,~'."'; ~~ -~,; ,,~.;,:.:;:'_' .. >;::! <" ".,X~:" !'::,:;- .:r. ~,-..:.:"': ;;I;.:,f;~.:, :. . . ". ,. ...~~-;.,\..:,,~.~::..~..~~.'..;,.,,-~,..:. '''''', ,", . " , WOOLARD con't DRING WOOLARD DRING WOOLARD "".'L~' .' '. "'~. . site is at 333-421 East Huntington Drive - the Arcadia Datsun property - the I lot area is approximately 4.7 acres with approximately 582 feet of frontage along Huntington Drive. The property is zoned CPD-1. The applicant is re- questing the zone change to add an "H" or high-rise overlay zoning to the property in order to construct an 8-story building which would accommodate offices - a bank with drive-up teller - restaurant - deli with outdoor seating - and an automobile dealership. The CPD-1 zone allows a building with 3 stories with a maximum height of 40 feet. The high-rise overlay will allow an 8-story building, not to exceed 85 feet in height. An Environmental Impact Report was prepared and approved by the City Council for the entire CPD-l zoned area, This proposed 8-story building in within the overall scope with the intensity devel- opment identified and considered in the Environmental Impact Report. However, if the zone change is approved - any subsequent proposal for "H" zoning within the CPD-l area may require the preparation of supplemental Environmental Im- pact Reports to evaluate the potential impact of such supplemental development. The configuration and location of the subject site is adequate and appropriate for high-rise development, This concludes the staff report. Mr, Woolard, it says at the bottom of the first page '" if the Council deter- to '''I mines of the zone change is appropriate should direct the City Attorney pare an ordinance for adoption - an ordinance covering what. Instead of adoption it should be introduction .. that would be an ordinance whi ch woul d rezone that property with the "H" overl ay. Question, Resolution 1184 essentially does that, does it not? A resolution of the Planning Commission is a recommendation to the City Council. Zoning would not be effective until the Council adopted an ordinance changing that zone. -2- ~.i*:~f::~:~~1~~~'~~~'Jr:~-::-~,~~'k~~'~~t.!.~...: ~~ f.....':.... '.~ '. ,"~ .~ .'. '. ,,,' ~:"', ,.'",>.~ ----_.- - '-:.-',~.. '.'~ ~ , '"~. :i:'~~=::=:::~":::':~ ,:~, ,,~':< " .>..' " ~'.: IJI'.!;",'.".- "'/,;""1'-;""':' ~ _'.' .. ....,-.'. "-""" ;. lING HOOLARD And that zoning could be changed on a time restricted basis? The recommendation of the Planning Commission as set forth in that resolution is that the zoning, in essence, be on a time type of basis that if the appli- cant would then have to comply with the conditions of the Conditional Use Permit in order for the zoning to be effective, which in essence is a one year time period. DRING HOOLARD Can we draft an ordinance to that extent? LIBERTO I think the City Attorney can probably answer that. He could... yes. SAELI D Any other questions of staff. If none, this is a public hearing - would the BRUCE LO\~ applicant care to speak. My name is Bruce Low, 1120 San Carlos Rd. in Arcadia. Mayor ProTem, Councilmen, with some reservations we are agreed and will enter into an owner-participation agreement with the City of Arcadia to guarantee the performance of both parties. You have received the memo tonite which basically sums up our problems and sets I forth remedies by parties to proceed. Private enterprise and hard work together are the backbone of this country, America, the State of California and the City of Arcadia would be conservatively consideerably less without private enterpris~ and hard work. He have, on our own, procured the additiona} piece of property which is mentioned in our original application. He are not asking that the City condemn anyone else's property - we are not asking for the City's money - we aren't asking that the City sell us property at a reduced rate - we are only asking that the City respect the graces of our dreams and aspirations. Might I also add that if our private money is discouraged by City regulations - our commitment to this project means bank financing is secured and we will pro- ceed with an 8-story office building on our own without need for private funds. -3- .;....". ," ":,:' -"~;t~:~",,.;):k:~i0~~~~i~~Zi~~~~~fi~~~~~~~?~:iS"-,",' ~.,.; .~;;.;:~',;;'..., :,:,:..:;=,; pO:; ::-:..."'>.:'~-".';:'::'';~~\''':'.;o...:~''::-}.'-\..':'~-:;''._ ~.' ~~.~ ~ ;_~~" " ',','~ .. ':,'7.:-"":-:;h(.'-~:-,.~: " ...." :.',' '., .. 'h";:,, '.~" ..... .'-" '~'.,': . :::;~~==-~~~~"""..... '. LOH con't The destiny of our project and our property is now in your hands and we hope I that you will act with compassion and empathy, This project is something that we really want to do - we're committed to it - we're worked it over and over and over - we're willing to enter into an agreement with the City that in the beginning we thought was just out of question - even this morning we thought it out of question - we want this project to happen and we want it to happen for the City as well as our families and we're not afraid of an agreement be- cause we will do what we say. And, all that we ask is is give us a chance - let's enter into that agreement - we'll take care of the rest - we have pur- chased a piece of property that a woman owned for 34 years - we didn't ask for the City's help - we closed escrow on the property - it will be recorded to- morrow morning - we've really tried - this is something that we want to do very, very much and we need your cooperation tonite in order to get it done, I guess I would open the floor for any questions, SAEU D DRING Are there any questions? Mr, Low, you indicated with some reservations that you enter into an agreement - what are your reservations, please. LO>J I'm glad you asked that question. My first reservation is that there is a Code that says that when you place a high-rise overlay that-37 1/2% of the I property can be developed. The definition of what development is appears to be a structure that is 35 feet or less does not constitute a development - with reservation - that our parking structure is proposed to be approximately 35 feet. If the parking structure was to be 35 feet and 1 inch - it would be included in the development which would make us only to be able to develop 37 1/2% of the site .,. our intention of making the parking structure 35 feet high is so that we may in the future have the flexibility to build the second -4- ;.~-.;~~~\~~~.:~~~~~~~~"!:;-~~_~- ::.~.:4":~::-dn;'t~',~~1:::;-:'\:"'--"."" ,,~ ~:<: . .. -.~.: .', '.. ...,....,. .~::~..-;.\.~~~i:~~.j:~.~i~~~i:t.;.~~~~.."~ ;,';-"~::'" . _ .J '-:~'" . ~'~ :r.~. .' ...-'.. ,/ ',::::~::~::~::t~~~:'=~::,~:,~~-,,_S~:~~~~~~_:~-':'-."';'~~_~~',<'~:;:'~',:~:'~'_~~'~;-~~:'~~:~'~S~!~:r3:st~~;~~~:., " OW tower. We are a little concerned about how the increment of measure and how on't it will occur as far as the parking structure because we don't want that park- ing structure to stop us from putting up the second tower - maybe five years from nO\~ - we want to get that clear so that we wi 11 be able to do so ra ther that it hindering us in the future - saying that the parking structure is 35 and one inch high ... you can't build a second tower. We are'a little con- cerned with the definition and increment of measure about how that's going to happen. Yes. DRING I address the City Attorney... if we provide an "H" overlay on this project for this particular plan as proposed - does that enable them to come back to build a second tower. LI B ERTO I think that's a question for Mr. Woolard in terms of site coverage of this particular tower versus the second one. l-JOOLARD Not automatically, no. Because what was approved by the Conditional Use Per- mit was a specific plan and what's being considered in the next item on your agenda - the precise plan reviews - specific plan, assuming all regulations are the same - at some later date - five years down the road if they want to I, construct a second office tower there would have to be revisions to these con- ditional use permits. Excuse me, we mean a later date ..... maybe five years from now,. as far as the second tower. DRING What I'm concerned about is if the "H" overlay gives you an open end to the building to build,the second tower that would have impact on the services - the capacities for utilities - the impact of the Fire Department - density and traffi c loads, LOW I understand. -5- .:;t:;--i.~:;.:..,';'j"~:::~'-;;.::jt>-~";:~~-';....",:c:i~~':'~~::',~,';-:';::'-"::-, .:~.0~'~";':~~!;"!:""'~,-i'''"''5':-t:.!~..,.,...;.;~...~-"'''V;.-;,..y~%~..:::-.~.:,,:.::.:t~~.)>~~,;"~,~~,,'~~:'c_:~:,...~.,,,-.i"~ '." '.. ~. "':':-""~~~~~~"'~.Q.;.~"'~;~"'~';;~':"~"':~~'l.~:;'".....";',':"'$""::'--:'";':'';~/'':'.i-~,.,~.,:;.:.::.i7>""':';';+"'~:-'<"""~'::;:_.";;'<c,.~~~:.,~......f"".."..;.;:. J';..... -:.""-..,:=~,,.,,:.. '''~7.~l.......\ "'";,,.: " .... ......:.i-);..-..:.......~....,\",,: ~~..;,..<.l<~.,'~'."'.-~t.;;:~~.'"..:I....'..... ~:t.".~..:;l.,!b~l'z:,-..~....:'\,..:..~t.1.._,,,::;,., .... .:. .:... ."".... .~-.,_,,-,,~';,._..;,,_j~'h:r:~' _.: ;.... .. '. ,_ . ~..:~. . DRING LO!,' WOOLARD LOW DRING LOI.J DRING LOW DRING Thel'e should be some review rather than giving you an open end on that. I I'm sure we don't have an open end, It's not open ended - they'll have to come back for revisions - like, say, to the conditional use permit - precise plan. Our second reservation is each and every parking space is taken into consid- eration of a full size automobile, We would like to have the ability to put in some compact car parking in our building which is totally normal in cities across the United States. Each and every space is provided that it will be a full sized automobile and we're a little concerned as to the possibility of being able to use some of the parking and layout as compact car parking which is totally normal -- we're a little bit concerned and have reservations as to whether we're going to have to use every parking space for a full sized car or whether we \~ill have the negotiability with the City to possibly use some com- pact car space in light of obviously, as the trends are in the last ten years, as far as the size of automobiles. May I suggest, if I may, this is not the place to go through a list discussing building ordinance - building regulation requirements and what have you .,. if your reservation extends to some other area, I think I would really like to them but to go through a list of building codes that are tough to work with hear "I I'm not sure this is ..... Mr, Dring, let you be rest assured that my list has no other items. May I asked you one further question .. have you seen the proposed time line on the OPA. Yes, I have. It starts with submission of final construction drawings and landscaping plans by the developer within 150 days from the date of execution of the agreement. -6- . .!t~1~;'~;~;' /.:;j.~'~'~:ij.~':~~~~~;'~f,;,':;~:'~'7~~~~~-,,-:~~~~\.,#-~A...;'~~~:-'~~!,..:~~n.;i:i:..,--...~~t~:''''!'';:<:'' <'~."- ,::.".A:"~':~~~l<,~~=c.~...:.:~~~;....:"".":,~~~,;-:_~ :~.c.'" - :.'...:~~~,.::.~-,;,;:::. ";". .' . . . .- . ~.~};*f't-~:.~~~~~~:t~~~~4~:,i.-\i'~~;i.i~"f'~~)"-:~~~~~~~:i~;;;'1.."""":~'i~~~-a.~~..~~~...~'!......~.."~J:.:'~''''''~~''',~;;.;,;:':.:..r<.:~~:.;~~:,,...''.::i:'''":-'.~" , ,-, , " "'.:.-... .~. .... "~_ ;~.~..,.,.:,.,...""~"-;;:""...:=...~~~.'t-..;.."'.......,...,;,J:,.,\_..:.. ";'''''' , IRING con't LOl~ DRING LOW DRING LOH DRING COREY IAELlD RING COREY DRING ....--'<..~._~.._: '" h' j .... .' .___ ",~.",,:"'_' "-'..:... ..~""."...,.' ...:". "_;:\'.'.~""';'_~ '.1..". '_'. There are no provisions as it currently stands for a time within the agreement must be signed. I'm a little bit uncomfortable about leaving that open ended. I think what you might do is possibily is to ask Jay Corey or the City Attorney because we have a date in mind by which the agreement must be signed. Would you be comfortable with having this amended then to include that date. Wouldn't bother me in the least. March 2nd is the day we've been talking about, February the 2nd is fine. Providing the language is appropriate and acceptable to our attorneys as your attorneys there is no problem with executing the agree- ment, You know I think it would be appropriate that we have at least ample time to review the agreement as you do to prepare it. Certainly, That's my only question .. you know this is a relatively simple agreement that we're talking about and I don't think this is going to stand in the way whatso- ever. May I continue to address this .' the proposed OPA. Jay, unless I'm incorrect aside from the February 2nd start date on the agreement deadline - the number days included commence construction is 345 days, Do you concur with my numbers? Tha t 's our ....".,., That figures that same number. So that conforms within the proposal put forth by the Planning Commission that the one year to get started although the Planning Commission's CUP may also include completion but I don't think anybody, including them and I was in attendance for the expected completion. Based on my reading of the minutes and discussions with Mr. Woolard it would certainly meet the intent of the Planning Commission. The 630 days - 21 months - to complete construction - and I don't know anything -7- :/..:;.....<.'.;.... "'o"~..''-;'' -.-,-" '*-~~:.,.:-:( :...:~-..~~-:: ~:'.~....;;:...;..:.--::.~.:.:,.......~~::-~~~~..'t~~::'.:i..(I':.:"":-:,...:J.~;:',~:./:::~-'._~ :.<:=:,;).~~.:;..:...... : -,.~ ~,'. ...;i;\~.,~:.~: :.' ......:::~...i.~.: ,. ".": " ' - .-~:-:">!I;;;'.'-~: ";--r ..-:"....:~-- .. F;. :.'.,..~....:';'. ~'.<..>\~.~~~ 1\~.,...~.~y:';;,~:-..;;t:::=.~.-#.J::';...~-;..~~.- .;:,:;i,'......-..,:.. ;..(.t' ~.~~::;~:.;::':s.-7.i!.-{.._:::'i.;'::~ ::: ;:'~ :i'~,~_"f'~'.:' ~~":J-eo'~"';:;h .~-)~::>....:: ._~t.~.:~ ~~:::.::~~~.;'i,~ :'",~;,f"- ;.:~ - /.~ ,.,'-. ".~, ..,_..~.._-.... ....:.,....j..........~-_"--._.~. ~"t..'.....hVj_..;~...'.,.....' .... . .....,......".. - ~. ~., .... ." "' DRING con't about construction - is that reasonable? I COREY Very liberal time11m1t. ? It may be longer. DRING Longer than that. ? LOW As I believe, if I can interrupt you, is that our OPA will have provisions in it for strikes, material shortages - things like that - I mean if it rains gO days - obviously, we can't do any construction but what we're talking about is 21 months working time to get the building erected provided that we're not in war - we're not in this - we're not in that - which is acceptable to us. DRING May I address Mr. Corey. In the OPA does it really modify anything than COREY what the Planning Commission has already requested that the CUP run for a year. It basically provides sort of a two-sided assurance to the developer and to the City that the development will take place in a timely fashion and that the neces- sary plan approval for "H" zoning will be provided should they proceed in a time- ly fashion. In essence, the OPA, we feel is a better vehicle for the providing the intent the Commission expressed. I understand the Commission's intention was that they did not want to willy-nilly give away "H" zoning - they understool the impact of it and the consequences and they felt that within the scope of their authority - the approach they took was appropriate and we feel - staff feels the intent is certainly appropriate - we're merely recommending another vehicle for implementation of that intent - one which the developer has agreed to. DRING Wouldn't this coincide with the same vehicle proposed by the Planning Commis- stion - actually we're not destroying that intent by the Planning commission. We're just providing another vehicle that will give some assurance to the de- -8- .\~~:ii-~~~::~~:,...i-.'-:.!p;..'-....~;~:-:;.~::._;'.<.,;:..:-~".:..~........ . - ,,,,,." ,"-' '- . ......-1<"::.,';(.'>-::." ,-.r~..'~~ ....'.,.~....-.~.,'~~~*~<!':-: ~,>"-::i:.'::~~:'~t,'-: '. -., , , ....... ". . ..:"_~~~!.=!.fola~.ro..~~~~~~"~~c.,.'JlS~~;~~::~~-i_"I>~{~~~~':;,~:':~:;:.:,t""":,,-:~ '~..;",,~:; :..;. <.'. ,,~.. ........~?:.lH/~#,:..;...,. ':: ,....-:.:::~H;....,I"'.~;~~.:--:-";.;~~~:,,~~::...'\. ......-;Y-1;O-;,.>:;.'::-->":,~,.;:~...-'o;,;,. -~~._'~ - ~~-':~~:.::'tk~.l~_...,;.t.,:r..;:.........._";.:.,,~,,;,'-ti~..~i'~':I;'L:<<'~"'_', , , .,..,'. .).......:"".;0,." .".' .....',..'.h~." .... . . ~ '~-'. ..." " I."G ,.;.., ,......1..... ~., l. veloper. ~::~ Correct. C:O:EY The CUP would stand - its been ratified by the City Council - the OPA would have land which would require the City to continue to cooperate, et cetera - J?I~G and not unreasonably withhold extensions of CUP's and other things. If the plan vlere changed significantly it would have to go back -to the Planning Commission? :o=<t:Y Correct. J21~~G Would the CUP by ordinance then be null and void. :G~::Y At the same time amend the precise plan and the CUP together - if they were going to amend the project. :?I~G I guess to the City Attorney, would that then take the ordinance as proposed null and void that if the precise plan were changed ina significant manner. '...I3:::RTO Not automatically unless the ordinance made that provision, which is the original question whether it can be so conditioned. All three descretionaries actions could theoretically be tied together, however, the owners-participation agree- ment alone could take care of that tie in without, so to speak, cluttering up I the other three discretionary actions -- and when I say three decretionary ac-" tions - I'm referring to the precise plan - the rezoning ordinance and the Con- ditional Use Permit. :;K:;~G I'm not sure the OPA addresses the fact that if they were to change the precise plan significantly and come up with something entirely different than what is proposed - I would like to be sure that the Planning Commission has full review and authority to take away the "H" overlay if they propose something that is not acceptable. :":3:::;no The OPA can make that provision and in addition to that our CPO ordinancd already -9- '-.' :~~;~~~;;i~~~\~k4~~t~~;l\,.~:,,~~c:~;>~ ,",c~>",.:,.:,';,~~""':~'~;"""~"">""";~'O"~C.~~,..;,._ "., ,...~~".,', ,', :,c, " ,." <~,''''.~ .. .' ~:~;:~:-;.."",,;.-..-::., :;~'tt-.::.--., " '~:- ':'~' -;:, ..:~..>:::.~'-:-;'~:l~':.',-.r;,>..::.'-.. . - ,~. -:'.: ,'" . .'. - , ": :,.~,,;,-:'.:...;; ~'\ .,.....,~...7.J'. . _.... ,-~ .' - ...... ~~-=:=~=:_"<:"'~O".,~:~_- " , LI BERTO con't SAELI D HALTOM LOW SAELI D LOH SAELI D LOH makes that provision, He are, in effect, be covered twice, I Mr. Haltom. Mr. Low, thank you for your patience because I know its been a long drawn out affair but I also would like to thank you for bringing to light the situation regarding compact cars. I think its a guestion that has to be addressed very shortly in a planning project such as your. I don't know what the numbers are but I would estimate at least 25% of the cars on the road are compact, if not more. There are going to be more very shortly and I think that some places have substandard parking - I think a lot of it could be standard if they used compact stalls and there are probably doubtlessly there are a lot of areas in your project Ivhere compacts would fit in very nicely maybe after the project is done you can get it reviewed and get your parking changed if you would like to, I don't know but I think its a point very well taken. Thank you very much - I appreciate that. As I understand the application right now why there's no parking deficiency being proposed - am I correct. He're almost 100 parking spaces over. Alright, so you've got a surplus of parking - the question, then is compact cars is something that can be dealt with later at sometime if you come in with another proposal to add a second office structure, is that wha~your I concern is. Nr, Sael id, one of the conditions is that we go back and redesign the flow of traffic and parking to the satisfaction of the Planning Department and when we go back and do that - what I wanted to establish is that when we go back and do that they take into consideration the possibility of compact parking - in our flow of traffic as well as our layout of parking. -10- ",'A- ~..i&Z~'~~~~~:i;~~;~~~~~~~:._~:'.._;~.!^~;,{:,>, ~': '" ,; -: :":,'\~.<' : .", .; ;~S~;;;;~,~~0::~~~.;~~~~~~~~~:.:.f-f~~~~Y.~~4y-j5S:- ':',':'~:;-J ',~.~' ~ ~y.;,.~~,: ;..~~" ,; ':.::--~'. '-:~_'.::"'~~"'~'; ~'_' 'i.',~ ~ , . . , ." . ~ " . ..... ',"'. ,.... ,,_,_.....,.,.. ..: '..... '., "" '" -",~,.',"; ...~;..' ..-,.\.)-.,,<...~.\,~,~.~..,,;:-;',~,"'~.~'i.:;;.:.....;\,,:...::..,;;:.,' :l. A"...... 'rl.. , ,. .~,~~..::.-.~~~.?':S--.(,"t',l(~1I'i:',,..~;'~~i.~~1~.~,,'t.J,.*,'>:1I:.~m.,~J.tHf::-~"i~~~~;;,','-:$"fi,.~'t';',,~~"~.".\';"'''''~f~~~'!''':,'r4,''Y.'.:y,;;;~~5~~~%~j.{I~.1:tl(~;.~:~~~~~~~:~~~",~~.....'n:ti.~t~~.'r. '. .'.~, '" ..,,_:., ,;....,'.. _.. ".',,' ,..", .. ..,~ ...' .' ."~.L,~~.~,c.:,~~.....;,..,,.,:.:~,~~~:"L:~:l~.~'::S~~t~g~i~f[~t;.2.;it;"~L:;:~~..~:;____..:".:, IELlO I see. Let me ask first .. Councilman Pellegrino, do you have any questions of Mr. Low, PELLEGRINO No questions. 5AELID Mr. Low, one of the things that the City has to consider in something like this and obviously we are concerned about high-rise in that area - we have environmental impact report that clearly indicates that the facilities are alright and adequate to handle what is before us this evening - but we can't put high-rise throughout the redevelopment area without going back and doing a complete study and finding, undoubtedly, that there are certain deficiencies that would have to be brought up to spec or upgraded. 50, its important to us to make sure that you're going to proceed' with this - you've indicated the desire to do so - one aspect of it is the economics - you have shown that you can bring certain economic benefits to the City... you already bring certain economic benefits to the City. I would hope that during the construction phase that it would be your plan to continue to sell cars both new and used within the City of Arcadia - would you have any objection to having that as a part of the owner-participation agreement. LOW I I can't guarantee that. What if I want to sell the dealership, What if I don't want to be a' part of it anymore. I can't guarantee you any of that - what if Datsun goes out of business. 5AELI D As an owner-participation agreement you enter into a contract with the City to do certain things - now, that might be translated to the next owner ... am I correct in that. LI BERTO Well, it would if it were so provided in the agreement - since that hasn't been written - it can be. 5AELI D It can be made part of the contract. My question to you is simple - if you're -11- ....-...:.:~'-y."t.i.~~;...~...'~~"'.,...:. :~:,~'i:.::::::.:i~~-r.~~'"%'':';'j,!.:'''':r'';:0:''':':-i.:.'-~'~: ~-', "';~.:;..,..F-~:'Y~~:.::..'."':~'-:'-f'":""."::~~~;':"''''':''';'~' ...*_- ..,,: h...' ,'" . .~ '.'::~: "".' .' ..~.~~<>::'1i..;.*,f,",~"!:,':'':~~~~'!''i''''''',~",~:,, :':.i,'7':::("":~~'_';-\:'l>':,,~.,~~':"~~>';:""~ft..":'~.~:,.r:,,'..',: ,:';:..:,.t\.,.,....'~rh ..".,,;..,,~>>. ,',.._..:'..; ""i <,::,-,!.,''';'~ '~:""">;'-;".'-"'/.' ':-.1.:'\:;,!'..'.~1"-'~~n'-'i' :-;~ .,.>~ ., ".' . ';" .~, . '.-:';.:.,::~.}(;';"': l':~:'i",:"",'>:. i.~.?:.:.:..~l,~;:;...~:y.....'.....~::,?~~> t,7:.' .:-, ': '.'C._ ',.t:,:,. ~'::7:::.i'V ..'::.t:,t~,,,...,:l;;" :~.:.';!, <".-,. . . '., ':"'" , ' ... ...,;.~;",.";..;...;....:.,...-,.!.,,<..-,-.~-, ,I SAELl D con't going to maintain OImership of the property, will it be your intent or would I it impose an undue hardship on you to require that automobile sales continue to be made I,Ji thi n the City of Arcadi a such tha t those sa 1 es tax revenues ac- crue to the City of Arcadia and not some other jurisdiction. LOH Mr. Saelid, I believe that's against the law, but I cannot guarantee you that we will own that dealership - I cannot guarantee you that sales will continue - I cannot guarantee you that Nissan will continue to import automobiles - I could never guarantee you that we could do that and I would not be agreeable, in this agreement, that automobile sales must occur at this location in the LIBERTO scope of all of it. I could never guarantee you that. I don't see a problem. Mr. Low, what he is indicating is that if you continue as a Datsun dealer SAELI D during the phase of construction that used and new car sales transactions, that is the sales contracts and the address for your resales permit and your sales office address will remain in Arcadia. Now, from that standpoint, of course, this doesn't require that you stay in business but of course if your business is transferred to a successor interest or an assign they will like-. wise be bound to maintain .... I LO\~ I couldn't enter into that agreement with you - if I were to sell my business and it was contingent upon them doing business in the City - it could hamper the value of the business maybe a half million dollars - and I couldn't enter into that agreeme~t. It is our intention to continue to do business at that site and I can layout to you how we intend to do so but I could not and I will not agree and make it contingent upon this agreement that we or any suc- cessor in the business do busines in Arcadia, and again, I will tell you that that I believe that's against the law. -12- . ' ;;;::i.?:< ~;!,;"~~%;if":l:$J;\"'..~~:~ '..~:Df~ >~::. :'::~::~~,.: '~::~,::;~,':~"?":~~;':':~:'''/::';':'~~;'~''f;''~' "A,";' ......;.'-;.:r.} ~":r ,-<:;:1,::....,......;.... ..:r..:...~.. '~,'. ':":.~.:t'.:c.:~,;~,~$""""~~:'';';'~''':'~':!-':'... ~ .:$'i'.l-'P.-.,-. ~~ ....~-. .." :~:{~;;}t:~!~~#~:,~':~~~fij~~~"7i~{.i;~:';;';~'S~1~'~:-~f}~~~\~::~:i';'.;.t~2'-.:i~)';":?~-'-~~""~~ft".l:"'~~~~~~~:';;"Th"~~~'';l>:'{~~",,::~~"~~~ny':-1,,"~0':';'''' ~ ":"",-""~;'i~.:,,-.:.,,, .. , . ". ". ,,"'.~';:;"<~;""",';";r"':;"::"";" ,.' '. .. .. ,'. .,~ . .' '._ . ~ .......c.; :...:;)..,;\.. '~", 'J." ,'.' " . ., . '. >-~,,'_"",., ~. ... _" ..: ....,'...~. ". '.-"".',-:'. !"...,t,.. '.. '''~'' ...... ,'. '..:.....,., I, "ERTO LOW No, not against redevelopment law. Let me explain this to you, if I may. First of all, Arcadia Datsun is a corporation. Arcadia Datsun is a leasee of the property that is owned by Robert J. Low. They are on a 30 day.., that's it, a month to month lease, and the two \~ill never be tied together - that's simply the ~Iay it is - the property is not owned by Arcadia Datsun - ,they are on a 30-day lease and I could not guarantee and I would not enter into an agreement that said our- selves or any successor in interest wou1d continue to do business in the City of Arcadia. That's impossible. That's simply out of the question, Of course, we wou1d attempt to do so and we intend to do so but that's simp1y out of the question. I can't guarantee you that. Nor, can you guarantee me its going to be sunny 500 days in a row. PELLEGRINO I think what you're trying to say, Mr. Low, is that with the new enterprise that you're entering the used car business or the new car business would be something that you couldn't guarantee you would stay in because you're look- ing for bigger and better things, LOVl It's something that I wouldn't guarantee that we would stay in. We've been I in the automobile business for 20 years - we've done very well ,in the automo- bile business ... but, if we decided to get out of the business I would cer- tainly not want to have to se1l my business contingent upon the next owner having to do business within the City of Arcadia. I wouldn't consider that to be fair at all. We don't intend to sell the business and we would like stay in the City of Arcadia but I can't see me giving you a guarantee that I will do business in the City of Arcadia is fair at all ... or, I couldn't guarantee that, I simply couldn't, DRING Mr. Low, I do not wish to take unfair advantage of our relative positions -13- .........-,..... . - .',.'.- . . .....'..-;;.A.....";"...~,"-_',~.. ::', ~,...;.;..-..;t'-: '.;~.......r;.."!!E..:':s:!.i;S.:--:':':'h~.~Z:~.:.:';!....:-",.:<. .. ' '.~.... ,~'...-;-::~-. . - ',:' "",:,.j:.'~:~~!~~~"'t...:..,.,:..:.o.':V~"'~-':r':" '~,:. ..'~ .', . ~--.-' ,'.,,'....;""-,...-. .r....'''. 'Oi,,",M1:<,. 'v.: ',_.,,~,.,: ...:-'~', ','-~.i;-..~:~..;4';r ':-,;;_'::'.lf1.'''?-'":'",-;''''-~~~<''~",~".''L''.''!:,,~: "~<-;:.:-i.,"~~~:;,:,~" ~,~,"""<'.<'t.: " , :.. :''i.'''''~'i;',;''.\:''.,~:'''~-W:~~'''il;.. \~" , :. " ~"' '.' . , ,.~.-....,,,'...,, ....',H. ",,,,_-,_, ,:..., __,,' . " , .' ~'. DRING con't here but I sat through the Planning Commission meetings - the longer I listen I the more confused I get - originally you stated the premise that the project was based on the concept that you wanted to grow and you needed to grow and the Agency needed to grow and you could exist like you are but to be a viable successful business in the future you needed more room and within your proposed plan - there's a term for it - general plan that you presented to the Planning Commission - concept plan is all that's been presented so far - the precise plan included floor space for a dealership - considerable amount of floor space in the building - then in the note there's an indication that possibly you may not be able to put together the building with the floor space for dealership and I, frankly, am somewhat confused. LOH Let me go over that with you, very, very direct. First of all I never said that we needed more space. I said that we needed a new facility. Second of all, to get right to the meat of the question, we originally put this project together with private financing - and, when we put this project together with private financing we acted on your past history.. and, your past history was never a contingent zone change, and OPA or any of these types of agreements - so we went out and we solicited commitments of funds from local people on how ing to have to enter into an OPA - I never mentioned that we're going to have I you dealt in the past ,.. you know, I never mentioned to them that we're go- to do this or we're going to have to do that. As it comes down, and this is over a year in time, as it comes down our private money is not particularly interested in your restrictions .. you know, we anticipated an unblanketed zone change and cooperation from the City to develop this property. He didn't get that - we fought that,- the problems - we even fought it this morning but we finally reached an agreement that says we will enter into an owner-partici- -14- " " .~;..:"~~~~Jlki~~~~!i"r~~"""'~,\'"'~,,-~,.:,-c,,,,,,,'J':':"",;,--~<"",.,."",;..o""",,.;-,~,,,,,j',,.,,,,,,,,,;-~,,,,,., ",' .......'. .,...' .. .," -~-d':"-: .,.. ~,,':~:f..~::-;"':~<~ ...: ~~.. '-' . ,~ . :. .:: ::. .::.~ ':;7"~':';'::"::':~':";- ::.~ :~:. .' ". ..., ,.... . ";. .~....~~l;<.::. '-'~'-" ~.~.-:",~ , . ..... '0- ';'J, ;'.:-.:', ._:+>~-.~::..,-:-. "'~~';::.'" ". -~.,:" ~. . - - '. . 'rl~~~..?"",~,-;p.._'j;,"-""'~"'"'\"r~'." -.,.' , , - ~ ":"'-"_'~_;"'~~~~..iJ'~~~~~~i:.~~~...... .~J.~;"J~~~~~.~~~~;~~.?:-=-~Y~"-~'~':-~;::'_",-:::~"~-<;~,,...:'..O.t'O:~~~W"';;:-...,.t:.:....~.i)::~'~ .'~'1. _-:::.::~?:~~:~.;:-.:~..-;i.;:~:;:::;:j;;~~1~~~~:~;~:~.~ ,~..~ ',.f:. .. ..-_- .' .::..~' ..~.-::.~.-.~,I'.....J.~.~~ .l.!:~""'.~~~..~~,.._.... :.:.!<')' .,.,' , - .Sk~~t~j~;~~~.~~~ib.~~-iJ;~~f~~;~El~~-~~~~=~~~..~~.~~.:~~~~.._...,;.....,;.__~_~_ ~.~..._.;.~ . ~....'. ~.". .-." . . . , . pation agreement for that piece of property, But, we asked that they send you a memorandum to let you know that there's a possibility that the dealer- ship may have to be deleted from this development .. and, the reason is simply this if my private money falls out - I have a backup commitment of bank financing and the bank financing is contingent upon three things .. one, that we hire, at least on a consultant basis, a professional, successful developer of a project this size in nature two, that by a specified date we supply to the bank at least strong letters of intent from bonified leasees of intent to occupy that property.. and, three, that the dealership be removed from that piece of property because the bank does not want to finance a single purpose building. If we were to leave that dealership, if we were to go broke the bank feels that the amount of space that is occupied in that building for a dealership would make it impossible for them to release it and its too risky for them. And, that's exactly where we stand. You, not meaning you, but the Planning Commission and the tone of the City has discouraged private money that was raised for this project. Now, we're ready to take it on our own and we will do it on our own but we're going to have to make concessions to the I,ll" bank that is going to lend us the money. There it is flat and "simple right in front of you, Mr, Low, just let me comment a bit then. Through the authority of the Rede- velopment Agency and the City we have the ability to allow high-rise zoning there and we have accepted as a Redevelopment Agency the responsibility to see that we have a concerted development - one that does not harm develop- ability of the adjacent parcels, As a part of the decision making process we determine what uses are being made of those properties. One of the uses is the auto dealership - now, that's vital to us - it makes a big difference -15- i~~:::'~j....~~~...~~~~~:..;~_. .;......;._(":~...." <':'-::~~:',:./~""~;' :": - .~ , .. :L' ~:~~~'_:\':;:'.{:~0'~~~~$;~t~~~~;;~~~,::~~~~.-~/!~: -,'~'..-. :~?' ", - - ' -.,. ~ , , -'~~<::~~~~:~'~'~'~c"'<";,:'~.'~r~",'.,.~""_,.."",-.,,~~~~~=~:~~:~.~~,::-~,,~:~r~~~.~~~:~~::~;!!~~~H~;~:~:=~~~ SAEllD con't economically as to whether what you're proposing makes sense or not. If I you were to be given a zone change with no requirements which would be a change in policy for the City with regards to redevelopment,- we would have no guarantee that we would have any sales tax revenues coming from retail sales that are made from that location. LO\oJ But you have no guarantee today, tomorrow or the next day. You have none whatsoever " you never did ... and you never will, SAE LI D But, you can't put a seven story building in there without action on the part of the City. LOH SAELI D That's correct. So, what we're talking about is an agreement' - an owner-participation agree- ment - which is, by the way, not really new - other properties that have been developed that have had to require changes from the City have been developed with what we call DDA's - Development & Disposition Agreement - where the de- veloper has not previously owned the properties. In your case you 'own the property and so it would be an owner-participation agreement - so it should come as no surprise to any investor - that you would be obligated to sign an owner-participation agreement. I LOH Look, Mr. Saelid, its never been done in the City of Arcadia before. SAElID DDA's certainly have. No - OPA - no, But, you don't have any guarantee about my business as far LOW as sales tax revenues .. you know, today, tomorrow, yesterday.. we happen to own that property - we occupy that property - the City of Arcadia means a lot to us but if we went out of business tomorrow - you simply accept that and move on and there are many businesses that go out of business every day - people come in and they go out - we have no guarantee at this point but .. I -16- :"~~~~F.>t1i~;"'~~1!;'~;s;;.~~~:7~:"'I':':-:'~-S~~'!f~;;:~~~~-i~,~~~~;b'>-';"";;:;";;'.c{.:~..~':'~~c3';~:~lf...~~~:f'''':'..'~'~~'~.,l~'..~...-:'.-'' ~~,;i::..~~"~~.,."" '~"; ~- .' "'':~~l~~,~~~~",~, ~~,~~:",~:-\.~~~t"i~";'~~';;o~;$,~.,~""...,'i"''".-,;,''',~_,-,,,,{j.,'.~~';:;"'''';;'?'~'-, ,,,_,,",,. :':"~""::~-"'.::,""~,l""",.;':';'..,~~."_",_",,,,,~,,:,,,,~,,,,,,, '~'~^-'".... . _.. ^'. ,. L." . 'i. .' '. " .." . - ,- -""'J. .~~":""~'-><:-~""'--' -;> :~'7':';;'7::,;'I".;;";:~_....~~,..,,_, .-.: >>.....3...::;.....; .'-'r:';:J':'~~~~';:l::,~d~':"=..l'~ ~~"':'......:.if'\.::!;:::;';';'''.~''''i..l.:':1i.!.''':'~~~;~c.,j.;~c ~"",,:~'~:"""'..~:"";~~':~rtt::'::"::...:~-,....::;- :"~''-_ :._;. SAELI D LO,j LOW SAELID LOW ~;.".. .~. .. . '. ~ .... . - , -"""=-'--.....,....::.".. "'.-~.~: . mean .. 1 ay it ri ght out there ., I cannot guarantee you .. fi rs t of all you're talking about a 4.7 acre site in a redevelopment area that'~ obviously going to escalate in price whether you do something or you don't do something ., now, how can an automobile dealership sit on a five million dollar piece of land and pay the rent '.. its just simply not feasible that we guarantee you that we're go- ing to do so .. we couldn't pay the bills ... and that's what this development is all about. It's an improvement on the property for us and for the City, but I can't guarantee you that we're going to ... that Arcadia Datsun is going to stay in thel-e - I can't guarantee you that we're not going to go broke tomorrOl'i., we may, I don't know. Mr. Low, all I can do i~; tell you my feelings at this point and that is that I could not approve a change in zoning without a requirement as you have before us tonite to continue in the auto sales business at that location. I don't know if you would open up a number of offices, which would bring no revenue to the City - there are a lot of things that you could do if we just simply changed the zone and put no requirements on it. Yes, but you have .,.. I'm just telling you as far as I'm concerned it would be a disservice to the community to deal with you in that manner. An owner-participation agreement is one that allows us to work together and come out with something that is best for you and best for the community.. and, as far as I'm concerned I consider that vital.. that requirement. That's fine - we're willing I thought you weren't. To attempt to keep our business within the City of Arcadia ... as far as guaranteeing and make it contingent upon our agreement I can't do that. I -17- ':,.'~,;,' ,.., ',,.J,,':;.,',.~',:.;.,.,'~.)-,:~.-:.-:.;. :/..':.~.,."...'".,: .~...;.,',:,..:; :,.,'",'....,,',','.' ," -, .. . '-, , -' . - ~ p-~.-. ~ . ~",,:~, .:<..[.:.~"""'\,:.:;......;...,~, >, ~.' "':C"'" "', ':>',::::...t.",,,,t-;'.-> $':-{"';":';'';''~'';:'rl.;.:-....-....."t'':''''~..:t=~I~....,~::... ;-" ~:"-;;'~P.:J.'~'; -';'::;'.:,.::, ..:_,~~Jf,%~~;~}~~;:~.~..;~:e.~~'~~":.'!~.'I:.~~~~-~~-::IJf..-~~ff:~'~~~'~'~~~~i,:~:"~~o-_~~~~">~~.~-~:,.<~~..y..'7'.'~;t~o;~'I'~",,,,,:~~;;"rj.~ :-;tl"""-""~'r";~,:,~'~':""-i-';',,,~.', ::.........:~"-:__,,:.-7.,.':. . ", ,> L0l1 con't SAELI D L0l1 SAELI D LDVI SAELI D LOH SAELI D . ":~'~."'E-.;;;. ..... .,.... ......,"..' .' . )... '\~"~:';";:" ~' . '-. ~ ~.....~... ...~,--:...-.-.........,........;" ! ", . :.-- mean ..'. I Perhaps we're having trouble with the language. Maybe we are. Perhaps it can be worked out and when you see it before you its something you can then analyze and decide whether its reasonable or unreasonable. All I'm telling you tonite and all we're really talking about is that you have that proposed development in front of you... I'm being honest with you up front that my private money doesn't like what the City has layed on me they don't like this agreement - that agreement - this time table - that time table because you've never done it before and the people that are in- volved in this project have not had to be subjected to that and that money is discouraged because of that ,.. we're willing to take that project on alone but we have the bank on the other side saying that we won't finance it with an automobile dealership in there .. so we're stuck in the middle. I understand what you're saying and I understnd the position of the investors who would like to have no requirements placed on them. You know, that's un- derstandable, Okay, I think if I were the investor I think I would feel that way mysel f. I Can't blame you for that. But, we .,. if the dealership goes we wi 11 amend our plans - it will go back to Planning and come back to you... but, I simply wanted to make it clear with the City that that is one of the things we're confronted with, We could have by-passed that this evening and let it go as it is but I wanted you to know what we were confronted with. >Jhat you have proposed and what is before us includes an auto dealership and that is \~hat \'Ie have based our thinking on and I'm sure everybody who has studied this plan. Now, if you gain approval of this you, of course, if things -18- . .;'~;fk~;:i":~"~;'?~~~;;~4~;.i~~~~~~i.\q:::,i~:~.it::;;:.~}__:~~~~,~~~;;~\~~~,:,;"~~':":"~+ ,:,:,,'::;'i~~"::;>:7~ ~:::"~:~'~:,,;-. '.~" ~;_: ~.<;.,,:.~l;..:~~'/7':';";~>:.::'h,o,..., .~_ ;. .~. ~.;-.:r ,'~r ,~...~ .00"'.."' < .'>--.. . .' ~ -,.,~.. :"~-:- ";':~~;~~~"'~~~~;'1.::...~~~):-,-~..-F-t'~~"'-;.TA~~"P,~~~,:..~..z:~,~~~~~7'~~'1.="'hj~'~~;~::t~:~'~5'~::,~~~/!~~~?~}fj?~YJ~~~;i~~;2;"J-~~~~ ::;~"i~"it~it~:i~;'.\';:.b-'~~'~:'_~':Fj.;,'-t'~j,,:;,,?~':~"'~v;{.;-~"'l~"""'':'' .,.,;'" -oe-....~:^';.~~:;.=...7...:.-~~~~......... .-~:...':-._ :..:.::. _ .;.,.. . , . . '. . ". -. " , " ........- "_.~..' :":',...~:<:-":.:',::~:I,,,..~':.;:....:...:.:,:,>.J,~_. '~.r~-,.:,. .......... ....: . ,- ..;.c..;,.:~~_'_.-::-~;";. '< "'_4" . IELI" con't do not \;ork out \;i 11 have a ri ght to come back and to modi fy or ask for a modification of those plans and those modified plans might or might not be approved based on their own merits but, tonite we'll be looking at the merits of what you propose. We do unaerstand that there are possibilities of things not working out for you .. that's true with any developer and boy, have we learned that. LO!.J !.Jell, we want to keep the dealership there but we are faced with some pro- blems and I only thought it was fair and honest to let you know of those a- head of time I'm sure we could have buffaloed you through tonite's meet- ing and done so but I wanted you to know ahead of time what we're faced with: SAELID I appreciate that and, Mr. Low, I think that you better appreciate too that we know that it might be advantageous from a pragmatic point of view to move your auto dealership during the constl'uction phases to some neighboring com- LOri munity - the City then would lose those revenues - that we're not interested in either - we want to protect ourselves against that. I understand that .. as far as protecting yourself - the way as I see it - you're saying then "Mr. LO\;, you're in business for yourself and you pay your I own bills and you make a profit or you make a loss, but we, as ~ City, over on the side don't~~~ want to quite make a decision as to whether we're go- ing to let you build this or let you not if we're going to lose out on the tax revenue" ... and, I thi nk what's before you ,. you zoned thi s property commercial planne? development .. let's bring the facts to life .. you people did it ., we didn't ask you to include our property.. you did it on your own. And, the second thing you did you hired a development company.. SAELID Mr. Low, excuse me, what you said wasn't exactly correct ., because your prop- erty was excluded .. -19- ".:1_. -J.::.JJ-;~,'. ." :;.,' '~..., ""';""" '-~"".""-~""'";"''''':'''''''--::'i''''-' 0:.4,"_ : ,,~.-:..... ~~. ._~:: '.~-t;::-:'~~;:;:::..'-"V ...."':;." :. ",./ ::.:..~..- " --".:..:rto:.'~:<.~~:~~lr:<;,:ry.r.:~.:-.:."~.,>"....,. ~ ...,~....~.,:t.~,..,.,..,~,.. "...."" .~. .~,,_ ':':""'~'~'H~'... .........'<:.'i...--:-..k~...J..~:....,.~,."'...,';..~..;::.t..,......... ,'.'." '~_..;' .,...._. ~,.;;",;.. " .';..-' ;;'. :--'t.( i: .,' ~;,~.~.~.~~~..-.,..=;.;......:\~ .- LOt, SAELI D LOH "-- .....-. HAL TOt~ COREY HAL TOi~ . """--"~~""'~'" . ..~.- ..,......~...... .~.~ ~ .._~.,.- ..-".- ~1ay I finish, Jack? Go right ahead, You hired a development company and you excluded our property from the grasp of the development company. You ordered an environmental impact report and you excluded our piece of property from the environmental impact report and in a sense what you did when you made our piece of property CPD-l, from our feel- ings, is you put all the restraints, and all the authority that the Agency has through CPD-l and you took away all the benefits that we have as private indi- viduals on our propel'ty to develop it because if we were not CPD-l we wouldn't be in this problem that we are in tonite - it would be much, much simpler. You put us in, you excluded us from the development or the development company, you excluded us from the environmental impact report, as existing use to remain no\'! Ive \'Iant to do something with the piece of property - we're in the middle of a lot of hell. Now, you're saying that we don't want you to do anything unless you keep your business in to\'!n .. you know, and I think that's really unfair. I'll try to keep it in town and I mean by good intentions .., I mean by good intentions by twenty years selling those cars .. that we'll try to keep the. business in town .. let's talk about it " but as far as the guarantee " for- get it .. we might as well turn that piece of property into a park .. it won't work tha t Ivay, Mr. Corey, what time frame is Hometels working within .. from start to finish~ The same as Lo\'! ',' more time ., less time. It would be quite 'similar - somewhat less,. this in light of other schedules of performance ,. this is the most liberal that we've ever proposed in terms of overall time. Maybe I don't understand .. I do understand to a degree the City's approach I I -20- -~'!~~~~::-;;'~~~~~#f~jt1,:'~~~:;~7;:~~.-;:':'~~~";:~;-~"::""!t{;.i2~~;'~<.~'..i-~~~';':'.f~"..:-.:{'";~~"........,~{:.,-.' ".;~" . ---:-. '.'.':" - . ":~-" :.,-"'o! ':" ~ -:;..~: '.:! . "~." . -:~.:;-;.~.j- "':'- ;~~~~~~.M:~;,~-~." ";.~~~{~y~..::~_~~..,,-~...;,~...~~,;i.':'J~':"""""':"":'~'~:"j!:';'-';r."*-,.":.~':r!:f;'\'""",~;y~",,:,,:,,,<, 'l_'~ ., .t~i~2t~~~~;~'~~~~_]~~:_r'.~~'..~._~_~.._,~~",._, '",,_, ,._u.:'_:,,_~."."~ ,.... ' " . .~..;.__.:_l~,.,,,,.,,., , IlToM con't or Jack's approach as far as the taxes from Arcadia Datsun but more than that LOW I can understand Mr. Low's approach by feeling like he's held hostage and if that isn't illegal it'sure as hell immoral.., Thank you very much. I mean .. it's got to be .. I mean if anybody would treat me as a businessman that way I don't think I would restrain myself as much as Mr, Low did .. be- HAL TO~1 cause we're not in business to tell him how to run his business " we can't even run our own business. SAELI D Mr. Ha 1 tom ... HALTOM Wait a minute, I'm not done.. you can interrupt when I'm done, you're not Gilb .. as long as I have the floor, I'll take it, Jack. Mr. Low has come to us with a proposal - now I think he has tried to work within the restraints - I think \'/here vie say \'/e want development - we're trying to restrain development unless we can get exactly what we want .. and you can't always get exactly what you want because he's putting out his money - we're not putting out anything. Now, its yours. SAELI D Thank you, Mr. Haltom, One of the things as I said before that we have to I consider whenever we consider a potential development as a economic benefit to the City.. and he might close up that dealership .. we might approve - the Council and the Agency might approve his doing so and say that the bene- fits to the City, other than economic possibly out weigh the economic bene- fits alright, but as long as he is in the redevelopment area we act as the Redevelopment Agency we have to look at the various benefits to the City from whatever is developed now, if we say we don't want to place that kind of requirement on him .. fine .. then, we don't have to place that kind of requirement .. I am saying that I don't think that we would see the eonomic -21- . .'. ',... '~~. ~': ',' ~ . ').::::~;\- 'I": . ~:.:.~. "',~:'6~':~t;'~~~~?~~:'~~~~i:r~~~~~~~?,"'\'f<::~~.:.~.:,... " "~""'''''.~:<,~... .... '~-;~".(~":""!~7" .-!",-:-'(';:".w~"'~::".~...~.;..'~'!_'~ <,--,-~~--,:.... ., < '.' . <'.~ ., - ....-:>,..... .~: ~- -, '-, " " ...-...... ". -. , ... ~ . , , , ...~.;~"'!~,~;.~;.~~;;;....B~~t.r.;~,.}~~*~?t.?,-~~:~j~~i~~~f~~~~~~,.~~~~~~~~...}l'r~;.-r-.:~..~,..;..~,,::~...:;.,.~~.. ,__~~~~~;.~~.~'''',:~:;~~~;~;,'~:::j:i~~~i~~e:~0ri~i~i2~E;.,:::~,~~_~~_~,>~~_~-"-.'~".,____~___~ ' , SAELI D con't benefit to the City unless we insist upon maintaining those sales tax revenues I as Ive presently have them formulated from tbat piece of property... that's a consideration .. maybe one that you don't agree with and that's perfectly al- right. Alright, Mr. Dring. DRING Mr. Low, I questioned you because I wanted to get a pretty good understanding about the situation, however, I think Mr. Haltom fairly well said my feelings - I don't feel and could not support any kind of proposition that required him to keep his business open and running .. I don't think its ethical.. he's a business man - if he wants to close his doors he can ., if he doesn't, he doesn't.. its true if he takes his business somewhere else it will hurt the City and I'm not terribly enthused about that .. he could take it somewhere else today and you cannot hold him hostage - I think its unethical and I would not support that that kind of move because it's just not fair and reasonble. The redevelopment powers are misused and abused too much already allover the State and possibly here in Arcadia and I couldn't support another action where it's just not appropriate or fair. We've put together that CPD-l, not as an inhibitor to him but rather something that hopefully would bring about some kind of aesthetics and coordinator with the project area. He's putting up or proposes or attempts to propose to put up a fourteen million dollar, roughly, 'I project - not borrowing a dime from the City - not asking for any giveaways and I think, frankly, Mr. Low you should have come to the City and asked for two and a half million dollars, at least, because it would have been done a lot sooner &' a lot quicker .' but the fact that you're putting up your own money.. its just hard for everybody to deal with.. we're used to giving it away. L0!4 Well, maybe that's just pride. support the project - I don't see why we would hold you up any- DRING -22- . -~;r-:s~&..'-~~~~;,-:~4?::i:..r~~~=~'2~::~~~:2 -:'~;;~~~~~~~'~~Y:~~?: :,:,~:~~::):~,~,: :~, ".:::::"; .':'1.:' . ;.,.'. ,,'. "., :{;~~~;--;,~ ;~~:~.i~;:-f:~!~~~:~~~~:~~~-+:~:~':'~~;;~~'~;~~..~ .-..'- ,;r"', ..."".-..... , ' ~'~,:::::~,'~:~~~~~':=~::'~~',~~~:~^~-':Z0V';'~"'~~".>:~:..,~"'~~:":::::~:~~'~~';~"_:"~"~'~_~;..,~:~~~'::~::~~i{~~~~~t:rr~1~r~ . IRING on't LOW DRING LOW more than you've been done, I think the time table is fair because we want to discourage speculation and there are only so many high-rise spots available if you cannot build it based on financial conditions, market place, whatever " that's fine then it should revert the high-rise back to the City and should be brought about and possibly given to another piece of property where someone has the money to do the project. Which it will under this agreement .. that's simply what it's about .. if I don't perform you get it all back. You may not like it, but to me for the City that makes some sense - other than that you should be given a free rein - its your project - its your money. Thank you. Any more questions. SAELID Mr. Pellegrino, PELLEGRINO No other comments except that I have to say that I don't think the Low family LOW SAELI D lill onnolly is in process of losing money trying to make money for the last 20 years - I applaud you in your effort for trying to better the City - with your project and your investment and the next 20 years of your life. Thank you, Mr. Pellegrino. If that's it, I need a drink of water. Anybody eise like to speak in favor of the proposal. Thank you, Mr. Low. ;;1/ l-r31 South First Avenue. of the Arcadia Business Association, As a member of the Board of Directors C."\(LlA...-"\.~ representi ng dO\~ntown - as Ghamber of the Pac Committee, all the contacts that I've had - all the people that I've talked to are all in favor of the project - when the concept plans came before the Pac Committee a coul&cof months ago - we're in favor of the project as far as the concept plans - there were a couple of questions ... one is, we weren't sure how the parking would fit in - as I understand now they're 100 spaces over - the other thing, I think, is advantageous is a reasonable time limit to proceed, thereby doing -23- '.",\;'.."r..~ ",~..', ..........:~.: ..!:,~...~~..;...,:~~.~-:>tV.'r,,,-,,~,~\;.,,,' ::'i~'_',~"~,;;~~", ~:': '. ~~.:- .~~;<.';:::'\';.., --..;.:;~~:-.::.<s'-.::: ?" 1 ~ '. -... -";'-~--......- :.-"'~;; X::1:.:;:.:':~~:,,"<)"'" ...:..:';.::,~_.._~,. '..... ~ ',' ':-~~~,""'Y\.:':'~_~~"'~"''''';':~I~'':I-'::'l','''_'''''''':''-';'::''':''''' """"<_"'"""':':'i~::=:';:>="'::'4'l':""'':--'"~;''' :::';;~';;:'~;~'.oJ;~;'!r~.'~.:..:; ;,,,,~,,.;-.c."::"'~:',, ",:~, ._...:_ ._,..~~..._..<-,'". ,.,.. __ . . ""'" ..-.,,'y... '~''''''''-'' ' .. ",'" "., . . '. .-' ,.: ~.: -/I>-"~;~': ;', ~ .. ;:>:.. . ;-". -, >'.' _ :;,::'";':~4 \~y",,,.,,, t:.\....~.'~".',:: .;,;i' ',:: ,::"., ~""",'."":..,._"';";'~;. _' ~ {. ". ".' -......~ ." ". '. .. . .' CONNOLLY con't away with any degree of speculation - eliminating a speculator coming in. I think the thing you people should be concerned with 0101'1 is the project per se, whether it be Arcadia Datsun or any other developer that has come into town - Hedri ck, Homete 1 s - anybody tha t 's come into town - I don't thi nk you've had any specific agreement that forced him to maintain a certain business in that partic~lar thing during the construction period. Here, he's in a business, the automobile business, which isn't in the greatest of shape in this country - a few miles from us the biggest Chrysler-Plymouth dealer in 1he country folded Iv.~-<-- here a year ago or so - some of the manufacturers, such as Chrysler~ been on the verge of bankruptcy - Ford isn't that far behind them and to expect a dealer to guarantee that he will keep his business operating during the con- struction period - I think is going out of bounds. Even if he should agree, he possibly would do it during the construction business and maybe the busi- ness climate itself may put him out of business like a year later. Some of those things can be beyond his control. When Bob Low first came into town, was around in this area for quite a few years, he wasn't the biggest dealer in town or the biggest sales tax producer for the City of Arcadia but he worked hard and he got up so that Arcadia looks at him as a ,sales tax pro- ducer - the developers all of them that approached when you had a series of I developers on that Second and Fifth area - all stated that they weren't think- ing of touching Arcadia Datsun because Arcadia Datsun meant so much to the City of Arcadia economically. I think that someone who means that much to you that is willing to take a risk and put his own money in to improve the property certainly isn't thinking of running out and moving up the street to sell a few cars for a few months of construction. I think those are the people we should be glad that are coming into town and trying to do something to im- -24- ..,:::._~~".~~",.:;..,. ..~\."~ .<~ ~ ;",.. .....;,.."0....,,."-,...,....,... . INNOLLY on't SAELID IR I ~~~~D OLARD t~ARV I N HOOLARD r~ARVIN HOOLARD '.-^','.,r.J.. .' '-.....:......... '"t .....-.~.....~~~"~~~~.~(.."./.~:;;:_.'~:;:.::.~--:'~.:~.."'?;:.:::~~~~~,~?::;~(;':;.".::.~..:..;-2.:.':.:1J..{'.-;.$.,-:.::):~ ~0;::~~~:i.:i~:..:-: .~,; .,' '.. .... . .... : ." .-;>- -:'../",~' ,...;.:.,.. -'#. '~--:.:...,. .......:I':~.'.-..:..:L.~4.!>-"'~. j;''';f.~~k .::::..;...;.8"rf\l",~~.J-:3.;..::.;;.~."...;.'~':""f,~ :~;t.!;c.~~..~...t.~..:,;~-.:;~\..i::i,f:hYr~::;:;..':.;~:....~':. ';i\ .-;;.;~;.;;;;,':.~~:.;>: ~. .':. prove the thing rather than put so many restrictions on it that they would say, "the hell with you - I'll move up the street to Monrovia and give them the sales tax" .. also we had, the City Council sometime ago in their wisdom decided they wanted a hotel - I think that that was a wise decision - I think there were rea- sons why they decided they wanted a hotel were different than my believing it was a wise decision - but I think now that you have the hotel and you look at the economic benefits of that 5% bed tax going directly to the City that you should also look at certain things like an office building that will attract the type of offices that will be bringing people into this City that will be making use of the hotel also. You can't separate each little things - you have to try and get each one to help the other one to be an economic benefit to the City. . And, on the whole taking on its face, the concept plans that I've seen, I think would be one fine asset for this City and it would be a shame if it were blown out like so many other things they have over there many years even before you gentlemen were Council Members. Thank you, Mr. Connolly. Anybody else like to speak in favor of this proposal. Anybody wishing to speak in opposition. 28 North Third Avenue. I'd like to ask Mr. Hoolard a question. Could you ex- plain briefly what steps you take to publicize the publiC hearing. Hhich public hearing? The public hearing we're in the midst of right now. The Planning Department does not notice public hearings before the City Council. They are so done by the City Clerk. Normally, the notices are sent out to prop- erty owners within 300 feet of the subject site, Is that the extent of the publicity? I believe they're also noticed in the Tribune but the City Clerk could answer tha t. -25- -"':~''':>''''''''''~?~~''~;::'';';;~:~''='-:r' .=;1;. ,:::-'(-;:;''';;''~'';;<:f:-'_ J..;,';:o-..t'~,,,~,:,..:..,,,~_,,,,,,;~,,,,,,,,, e, ;.6 ~....-..-["';". '"" -~~~~.;~~N~.e!'~~~':::'~;;;Y",""~~''''''1,~\~,_-....u.,';;:''':.>t.~''''::.:~-i'\'''"':,~"'d:':',":ri-~~":l:":':":';',e.":-""~>'-~>"':" '"C:, >', ',:. ...,,'" '''-''",--,. --, .,',,' " . ;~:_~~;:':'::.: ,_.' ...Y,. ' ._ -. - - ':-~;'':k?:.,.; .:'" ";,';...l~: """'~~"",- _, _. .' --~ ~~~,,~..~;...-:~"::.~_c:::~,_ .-..~.................:..:;..->~_,-..::.'-_!;....... .. .. CITY CLERK MARVIN CLERK MARVIN CLERK MARVIN CLERK MARVIN CLERK MARVIN CLERK MARVIN LIBERTO MARVIN CLERK LIBERTO MARVIN LIBERTO , ' "_ ....... ........ .'.- "......~.....-_d...,. ,_. We publish a notice and also have the list to whom we sent, I \~as that publication in a ne\~spaper, It should have been sometime ago - I don't have the affidavit with me but that i~oul d be You have no idea what day, Yes, it would be with the holidays .. it would be December 28 - I would have to check it out because I've been away. It didn't appear on December 27. Do you have any idea what other day it might have appeared. Was that a Thursday. The 27th was a Sunday. It could have been the previous Thursday or the previous Sunday. Do you have somebody who is responsible for verifying I can do that for you, but not right this minute, I would like to ask the City Attorney if a publication of the public hearing has not appeared in a journal, would that be a legal publ ic hearing. The publication appeared in a journal, which journal are you referring to. A journal available to the citizens of this City. I The Arcadia Tribune. You have publication requirements for the public hearing for the rezoning "H" overlay and there is also, I believe a publication requirement for hearing of the precise plan. There are no publication requirements for a public hearing on a precise plan. On the zone change. There ~Ias also a Conditional Use Permit for this particular project and there was notice requirement for that and that notice required that not less than 10 -26- " ' . . '",. .. : '1.:.:.'.;,r,;-:*~<-:.-:""'5"'1,:"-""';':';'''-:-.'Y'~-;~'_~.~e~~~~'''-~~~~~~,::~7~:''-.....:...<,. :~' "':. ':".~.:.':;.~,:::~...-,:; :~. -- ,. ..... ,', ''''''-'.;.:''.~'' ,,~:,,~,'.':'>;~;".:':'~.;.~~i;,'.~_t~~8i~:Z;:~~,{-,~::<~:i~:"-, _""S1-~'<W~~~;';;'~'~~'~;..~'I~~~~:' .!,-:;..~,;-, j!.o;...",~.~ ,'.'...: .~ ~"....v'l~....,.~..., ;?">t,'Z.>-;,.y't"o'i.~ .~',,-.i;.~,~': -";'.~ ,':., .~~"f":;.~:';-;'J~~ "-=-~'1~"'~-'~~~\:':<": ",,,~,,:,~,'i,", :~ ':;~:;\}~~.~:~~;:.'V~~~!.;':~~f~!~~j~r~1'i?:fii~~~'ff'f.'-,~~('.~"':~: " .,--,. .' . :':i>~:~'~:~':~':">",{~:;,;:/~: <~:;:.. ,..:., ;." ':...~,.~..., ...:......"'"'--..;..~__2...,;..::.... .... .......... . h~__':.~~.;!;...".._:.":. '.., ..,' _ ~." .;,. :,"::,:"",:,,,:).::"i.~:"'.~.":',,,,..,;....;...' ;,.~."':.J,.~..:..;.~.:;.,..':' . . IIBERTO on't SAELID r'IARVIN LIBERTO MARVIN IIBERTO RING LIBERTO liOOLARD days before that public hearing which was on the conditional use permit for this project - that notice be mailed, postage prepaid, to the owners' prop- erties within the radius of 300 feet of the exterior boundaries of the prop- erty involved for those owners as shown on the assessment rolls of the City for the County and the notice simply states the nature of the request, loca- tion of the property and the time and place of the hearing. That particular notice wasn't required to be published. Mr. Marvin, are you the property owner of 28 North Third, No, I am not. I did not receive a notice as a property owner. I depend for information on the published notices in the newspaper and I'd like to know from the City Attorney whether the zoning change requires a public hearing for a zoning change, whether it is required that the publication in the newspaper appear. Okay, for the zoning change there is no requirement for publication of notice in the newspaper. Again, its the same requirement that owners shown on the assessment within 300 foot radius of the property be notified by mail, and that is the only requirement for publication for the zone change. What about the CUP. Same. He's asking if there is a requirement in this process regarding this matter for a publication to be printed in some local newspaper. No, there isn't. Maybe I can add to that - there was, and I have it in front of me, a publi- cation relative to the hearings before the Planning Commission which was in the Arcadia Tribune, noticing both the conditional use permit and the zone change, and that was the 12th of November. -27- ~..', '::;'I'~~..";~~~_' ~~"':':'~~"""l--...."':,~.._..-.~.i.-~.c~f-:~."':-, "_"'".'~~~,,;.!.,,_,__'''''_''',-_,~~'_,-..'''':-'',-,''''':'"''''' ',,_ _' . ~--......... -- -- ~.__- ~ ~ '. "'___'~_'....-,~."'.$:;.''';~:~~~h:~ "7~:"~";"~-;"~""'''''' '..,. ,,".. '. ,....~~"t~~I~~?V..~:.;,;..:,~~Xf'o.....~-rc.~--,-<-,"'(:":t:".~~"-;:,.~:.~~.J.~:,::.:"'..;~~1"t"'~::"~J.~':;'~I~"'~:';;"~"~'~"" .,.:,.:.,-,. ./''''~'''''' \....~. .-;. . ""'" " " ....~...."'....... ;__~.l'.~' , . ".~ '1.,...1.',_,.. .."""<...........'" _: '.~ ,.;._, ....-'J ..~. ..........;.::.. ..................:~,. .._~_'. _~; )~ '':~1......'""",,>.' :.-.:.. ~1ARVIN DRING CLERK DRING CLERK SAELlD SAELl D MARVIN SAEUD MARVIN , " _~ '.', ',' ~ ._., ........A. ,....._'- . ~ ~. Right, I did see those, I'm concerned about the lack of information provided I by the City to the people who may be directly effected by a zoning change but do not happen to be property owners. I think this is a very bad policy for the City to be pursuing - not having some policy of publishing in the news- paper the zoning changes that effect tenants as well as property owners. Madam City Clerk, I believe you did publish it as far as you kn00. affidavits, I've been away from the office. Could we take a five minute recess and settle this. I '11 be glad to Alright, we can do that - the Chair will declare a ten minute recess. The Council is nO\v back, in session. Mr, Marvin, the City Clerk was not able to find an affidavit to its publication - the notice of this public hearing - on the other hand the ordinance does not call for a publication and so the validity of the hearing is not in question but I'm certain that Mrs. Van Maanen will look into it and if it has been published why she will notify you' of that. Anyway, shall we continue. It seems to me that if you're interested in having a public hearing, which is indeed public, its necessary for an appearance in a newspaper to have taken I place. Now, I've looked very carefully at the copies of the Arcadia Tribune from the 17th, 20th, 24th, 27th, 31st and the 3rd and there was no notice in those, papers. I have the papers with me tonite and I'll be very happy to give them to the Clerk ... It's quite alright, its quite possible that there was no published notice of this - there is no requirement of the City that it go to publication. There is no requirement - Isee. Well, don't you think it would be in good taste for the City to make a publication before continuing with the public -28- :.7J.;:'~ifi.:;~;;l.~::.t~:~. .~:;>i;~~::~'.:~~~j. '''::f:':;'':i{.~'::'':.::: ';...;'<:~~,~~/~~;':{'t-":~_\'.",:...: ''l--:.;';' ~~:.J.'~":""":."~::_' ,:.::.:<;.;__.:.?:~.t5"'''''' t.,'.~ . ..', .:,.,_:.:,~:~'-;!,:::""",.;. ~w''?-~.;M:'i"-2--:-.- ~J.,"'''='~~,'~',,:<~'~i.,,~~:', l'~; ~.;~. ,. ,,~, .~.- .' " ' ~'-'?~.~.~~}1~~~~:~f~;~t~~~~'f~~~~"'.t~~~w#~~"t~;..i';ii'~,~t.-~.v.~#:....~~~~;;""""~~~~~,:;~o;.:"7:~"'"::'1~,,,,"""',:.I:";.(.,,:....::''''''''''''''~:\---''::':'~'~:4".;"....,;". . ,"_' '.~.... " ...,'. ~ '-',. ... .,., .,'. "~ ,..,., :~';''''(;:''-;:''':-''..~~.t'~::~~.,.',.'. "!.' '<'_ '.'_~, . ....,<.........',~. ..'~. _ .' ,.........:.,~:.:"""'"'u. ._-. '_,.,.:":_~.~"~;~:_~."~ ...."_ IRVIN n't SAELI D hearin9, Well, that's certainly a question of City pol icy but I think you raise an in- terestjng question, I would have no objection, of course, to it being published. The question of what gets published and how many public notices are sent to prop- erty owners and residents and so on is one that the Council continually has to deal with. In years to come we might find that we go to less noticing rather than more simply because of the economics. But, I agree, certainly its wise that people be apprised of the fact that we have these hearings. Shall we continue. MARVIN Could I get a decision from the Council as to whether you would be willing to SAELI D postpone this hearing. It would be unfair to the applicant and to people who have come based on their noticing to postpone it just for that purpose. PELLEGRIND Mr. Marvin, would there be a particular reason why you are opposing this - I would like to hear your side of the story. MARVIN I'm opposing having a public hearing,with.,.... PELLEGRINO No, opposing the project that is in front of us tonite. RVIN Yes, there are several reasons - I would prefer to mention them when you con- tinue the public hearing - if that's what is going to happen. ELID I have not heard a motion to continue the public hearing - hearing none - and making none - I would suggest that we continue with this hearing. DRING May I also, Mr. Saelid. Mr. Marvin, I believe you were at the Planning Commis- sion public hearing. At that time I believe that was noticed in the paper. Mr. Woolard. WOOLARD Yes, it ~Ias. DRING And, without regard to the question you raise, which I happen to be in sympathy -29- "-.; ..!;.... ....--:,.. _.1 ..,,'~ .."........,.~~...~.,,,..r. .::....:...:.:.~!'_.~~. . < '_~ ..'~':.:-:::.:; ,;'~;..""'.'+ -:...: .' ,,\;. '~.:,;'::;'.~ " : . ':""~;.f" ..~...' , :. ";.-'.,.', "-: ,-,;.,." :,:~,:_' " .."' ,'~ '--'"";' ...~.~.'..<;.:;.,.. , ~. ~'''''''1"" '04. -:;...:-:-. "':. ~'... ~.,. ~ <J~'", ~"'-" .-'1;- . ,...-......t.:.,:o,..~,:..':':":...t;;".O;',.,:.-..E_-: ~O-~..-_ '.'-:~" '-.":;';'.'0 '",'; ~ . - :"~:"::'~"'~'~ ::-~;:-..t.;:. ;:.~ ,n.:" .:~.i~::~:. ~.:. ~:!/:"_: 1~';;,!:f.7 ~i.':':::=: ;~'\:', ';,;!,;':;:::";~f~'.:(-::-.J,f~:- ..~;.." : :.;;/, , .. DRING con't with, at that time when it was noticed I believe, I guess we use general term, I MARVIN the turnout was light to say the best. I'm sure thet'e are some people who feel that they do not have time to attend two pub 1 ic hearings and they feel the City Council hearing is the more impor- tant one than the Planning Commission hearing. SAELl D That may very vlell be .. may we continue nOlv wi th the hearing and your objec- ~1ARVI~ tions to the proposal, sir, I'm opposed to the zoning change being granted for this proposed project, 333- 421 East Huntington Drive. If this project proceeds a pleasant residential street will be surrounded by a mass of buildings - seven-story hotel immediately to the west - and now, the eight-story office and four-story parking structure immediately to the east. The environment thus created would detract consider- ably from the quality of life of Third Avenue residents. The Planning Depart- ment states that the 1980 EIR can be applied to this project even though that ElR envisions no development on the Datsun property. The argument of the Plan- ning Department is that the present project is .. quote ..within the overall scope of intensity outlined in the EIR, But, this argument is hardly sufficient to justify using"an ElR which is deficient and in many ways irrelevant to the project under discussion this evening. The first error in ,attempting to use I this ElR is the failure to recognize the impact on residents on the east side of Third Avenue would be far greater development on this particular property than it would be if development were to take elsewhere in the redevelopment area, therefore a,new EIR is required to determine how development on this specific property will effect residents of Third Avenue. The second error in attempting to apply the 1980 EIR to this project is that that document generally assumed that there would be no residents remaining between Second -30- J':,.~..;;.~...::..~j..,..._~. -..:._~-,:,.-~::._~'.:.;:.'>., '" .,. '. . '~-"-,-,l'';,;. . -- .V_'CA..' ~'.';'::'-~""'<."""'~":"'::;\;~:'&:~:-:;~'~<"":''';:''";::--11c?:'':-:~J..1<';;';::'':~:~rC~':'~:~~"'.. . . ~.....~~~~~yti""!'''1t:~.:r:.. :ri;.~.,::~-'i.':':".7:='~!"'\'~-"';;' :" ,),....~, .-:. .:.~:(1...; ;.. ~. - '".'" ,-.".;:~!-,~!,-.-;,~.., .,~ ::.;::~ -~;~ ~~"'."~' -;'.':!1 ~,--:;.!,f:;.(;-~~..:\;"":"tf-t:-'''''t:....;..s-:r..~>;.i",,>d'''~1'':'?~''''_':'~:'':-''''~,~ :h~'t.~...,." _ ,_H'_-:..~~_~-->:::v;:_-~;,,~..l:....<.;;,~~;:.~.;.;::;...u:.;i:i.;.~.;..l ...~'.,~ '_"\'~', ". , J'. I~RVIN on't SAELI D SHERRY I'SS'"'' WOOLARD PASSNORE . ''-.' '.' . 4~ .v...... .... .. ..--... _'" ~"".""- .,' and Fifth Avenues. Therefore, there was little or no discussion of how a residential street in the middle of the redevelopment area would be effected by high-rise construction. Today we are looking at an entirely different situation from than envisioned in the 1980 ErR, No longer is the Republic Development planning to build out the entire area. Now, the residential uses remain on Third Avenue while the high-rise and parking structures are proposed immediately to the east - thus, a new and different ErR is required. The ErR is also inadequate in its discussion of housing and the relocation of residents. What is required is a detailed relocation plan, not vague state- ments about payments and technical assistance. I've one final comment con- cerning the Planning Department report .. it is stated that changing the set- back on the parking structure from the required 24 feet to 20 feet is ... quote .. not a substantial deviation from Code. I submit that from the pro- spective of i\ resident on an adjoining property be 20% reduction in setback is indeed significant. Thank you. Thank you, Mr. Marvin. Are there any questions of Mr. Narvin. Thank you very much .. is there anybody else who would like to speak at this time. 1109 Columbia Road, Arcadia. I just have a couple of questions I would like , , to clarify. If this is a zone change - when have we asked for the change - are we doing this consecutively with the general plan - the redevelopment plan - are we having a consecutive EIR change at the same time tonite. Have we changed the general plan - or have we changed the redevelopment plan in the zoning, Are we doing thi, independent or how are we doing this. The general plan was previously amended - the zoning was previously changed to the commercial planned development designation .... With the "H" overlay. -31- . , . ",.""',.,;",.~..-"',.,._~_.~..,,';..,,:.....i-.-k,,..-:.'"_.',~'C..,.'>"'..,,.,..-,_',~,_,~::-.,'.,'..',',._~ ',.',',' ~ , , .. M ...,.,......._~r~~_ ......- '-.. '''' --... ~-,<,;..~'::;....':--..."""..#.,;:,....,:....:.~..:.;:f.......:>~<.-~~:....;-.'.......<.~..,'-" ~....~'..- -.-:'..". ,..' . .;...,J_~ ,"." - ~_ .. .". i'.,_' .-,' ".,~,,:-.:.,. r-.~: -. ,.:.<". '. -"-" .......;. ", ~~1t7~:::~::'~~~'~-~.-.~~~~'.~~:.-~.~~..:"'''.~''.~''.,;",.,."<-,~"""",,, '. ,', , ' HOOLARD PASS~10RE HOOLARD PASS~10RE HOOLRD PASSMORE HOOLARD PASSMORE WOOLARD PASSMORE SAELI 0 ':.',':0..;';.-.""" No. I Does that include it, I No. The only thing that's reall) under consideration tonite is the provision I for the "H" overlay and the nex~ item on the agenda is the review of the precise I plan for this specific developm~nt, , Okay., then the actual zone change has to velopment plan along with the gJneral plan I I The redevelopment plan - the general plan I be changed, doesn't it in the rede- to include this. and the commercial planned develop- ment zone change have already tdken place and have already been changed. , 1 But they have not been changed to the "H" overlay. All of those things do not precl~de an "H" overlay from being placed on the I property. Right. In order to change it they have to be in agreement to be legal and I what I'm questioning - the Agency - the redevelopment plan - the general plan - I and the zoning ordinance have to be all in conjunction together to be legal. 1 In order to do all of those things you do have to notice in a public newspaper I of record of your City - any changes in your zoning - for your redevelopment plan and your general plan. We're not amending the general , , p)anor... I I How can you do this without amending it - you can't just change it, can you. The zoning map is the only.. or:the zone itself is the only thing that would define "H" or would show an "H" overlay.. that is the high-l'ise zone. The consistency that is required bet~een the zoning ordinance and the general plan is one of land use, density and that kind of thing .. so, you do not have to have a general plan that calls out specifically allowance for an eight-story building. , 1 -32- ,,-. '+~r.::~~i:.'Wt~,;r.:,!., ::';->i"::'..'"'~:'>:i;",~::~"*~;j~~~;~+~~~k;.;~~,~~~!i,;9~;"~~';;,:i"o-~,",-!-~ - "?:,~",';..",-,:'..-.:<~"",',,,,- , ." ~ ..: .-, ':^ r.~., """:'''''''. - ':...:;--~",. ," ' " .: ~ \"~." ::. ",' ~:":'.. '..... ,""'<,,':"" :..- - " , ',,'-"""~ . ~',-,;. ...... . ,.;:.~;,:^~",.......,..,.-:::::_..:~-_.~:,-:'._..;...~: ... --.:'-. ,..,.'. . -..::.:o....~-........""~;:..r..~t*'{:~~~'i'\-~~~~:?-:'?'~~.:...;?'l:..,.~~;,:;.:&'.I[~~'1':if<t:::?..ir.~~$;~i'~~1i~1~~~~~~P.~..}i~~~i~;~~~~..,.;~~'" ,"'0 '. ,".'. "',:,;".;_,.1,~~;:.,-'-',C,,"~,_~"~._;;~,~i2]::~:~:::;:E;ij~f~~:~f:I~i!~:~t;IIi~~~~~~,:~,c,.-~__~~c. _,~-'- . . .. . 'l, . ISSMORf WOOLARD PASSMORE WOOLARD PASSMORE WOOLARD PASSMORE WOOLARD lING But, in your redevelopment plan - doesn't that have to specify something." Not to that level of specificity - its the same as the general plan in essence in fact, I think, in Arcadia's instance the general plan and the redevelopment plan map are in essence the same document, If not an EIR required for a new development project .... I was here at the EIR hearings in 1980 Not necessarily. And, at that time I was told when I was questioning the EIR - the broad nature in its scope - that each time a specific development would come that you would be having a new EIR if it changed, Okay, that would be true- I think as I mentioned in my earlier report here -' if this is approved the next multi story that would come into the area would in essence b~ a larger development than was considered in the EIR and at that time a new EIR would be required. Okay, this d~velopment was not considered at that time - wouldn't a new EIR be required - or a supplemental one or something. The square footages that are being proposed in this specific project - the types of uses that are considered here are consistent with the,uses and in- tensity of uses that were examined in the EIR for this area.- Mrs, Passmor~, the EIR did not specifically address the Low property as an "H" property - high-rise project property because, for example, the Kiewit property may have come in with a proposal for an "H" overlay, and we're kind of doing a first-come, first-serve basis - however, the EIR did consider speci- fi ca 11 y "H" overl ay on the hotel property and other "H" overl ays wi thi n the project area but not specifying which particular piece of property - it there- fore included the higher density that a high-rise proposes - the square footages -33- .:;~~~~~:-r:'#"i~~~:uJo..~~:~~;::7...t.i.,,-:::;;~'=:~J~~#~ei(~~~~~~:""\..;~':"-~;::,;;-~t\,;:,~,~'i~::;~~~.:-~~d,.$;::~~l~\~~:"::'~:""'''""l'Y~-.J;:'.r~;;:.:....::t.~~;-- ,..t.. "'.' , , -r~:~~{.1~~fr~~~!o"",~.~~~"t'~~~~~'1"-1+~.;..i:~'~~~;';~':;''>':''',,":~''''~':~-''j~~;-'~~1::-:"';~,::':""'}~sn':-~'*'-=C'~;:'-w~:-u~,;...:,,:~;,:,,:__'f:~_"~~' "......._ , ..':.,"1-.......\t",,:.i"i'..~:,.. -;\~. " ..' ..;..;~.-r:~ ~....,:...~ -'t.-".. .,.. _ ..'.:..;;".'.;'",....-'.;."....~.. . - : .::J"{~'.......~..~,;::~ix..:.;.:.;.\.~~~~,.:,.'n:.'t:.~.i;~~;,,,::~I,..,':.'.:..-:-:.~.;~:.:~;..:'...".~.~,.~.... .~~.;....::~~_...: ~~'<;..':",/... ",u. . . .., . , . ", . DRING con't PASSMORE SAELI D I . , , and those impacts but it addressed it in simply a vague manner I which piece of oroperty - so it was considered in the EIR, - "0' 'p,eif,i"9 III Okay, but its an inadequate consfderation when sidering that there would still be residents - I there are people living in the a~ea and we just at that time they were not con- people living in the area. Now, wish to state, Jack, that in our area on the west side of town that there is great concern when you get into , . I high-rise overlays and we had a great deal amount of hearings and things when , developments tried to come in ovbr in our residential area and, I'm just going to ask for fair consideration for people who live on the east side also. i Thank you. Thank you, Mrs. Passmore. I Anybody else care to speak to this question this evening. PELLEGRINO Seeing none, Mr. Saelid, I move we close the public hearing. , DRING Second, SAELID PELLEGRINO DRING So ordered. Alright, gentlemen. Mr, Saelid, I would like to propose a motion that the zone change is appropri- I ate - and we should direct the City Attorney to prepare an ordinance for intro- I i duction - and direct staff to prypare an owner-participation agreement with subject. the,. I Gentlemen, would you consider two small amendments to your motion ... one , would be in the owner-participation agreement schedule that we have listed on our page 11 " that the would take place within I time frame within which the execution of the agreement I .. by March 1st. Mr. Low indicated that February 2nd was the target date .. that's fine PELLEGRINO Are you extending it, Mr. Dring, I I DRING i It does not state as it currently stands. -34- , I i I "'~'~~i'-;-?!;~':';;:<';~:~c*i~i~~~~~~~~~.1,~~'I';~~)~~,~:;"o.-,f"i:<;"/::~:;';';"_;:7""~~;;"=:""'~"'-~",:;"~,,,.,-,<_..'C',,~:.._ ,/ . '. ',.. .- ''-''-'-''\!"~-~ ,. s..-:~~:':.~';'~:~>.~~~~~. ,":". : '.' . ,~ " . ..... ;~' ':. >_::::~~/;:~,:':~'!:'~:<'" " :r=:r~:::~~=~ , . . " . . I,:,,:,"o DRING I mean are you extending the date. Februaj'y 2nd \'lOul d be fi ne if that's \vorkab 1 e " the poi nt was that Mr. Low made that if it takes the staff until February 1st to prepare its no fair to PELLEGRINO If it would allow him more time I would put that in my motion. hand it to him on the first and say you have one day to sign it. SAELID May I suggest that we direct staff to have this prepared for signature by that time rather than including it inasmuch as it will be included in the document which is to be signed on that date, Do you understand what I'm saying. The date was DRING February 2nd. PELLEGRINO In my motion I think Mr. Dring would like to' put March 2nd DRING Yes, what I'm looking for is a time frame from which staff presents the agree- PELLEGRINO I'll include that in my motion, Mr, Dring. ment that it comes back signed - it should not, in my opinion, be open ended, COREY I think, as I understand what the Council is saying, the consensus is that I::: DRING COREY DRING SAELI 0 staff be directed to return an OPA for your consideration at the meeting of February 2nd and that that OPA have a 30 day requirement in it for Datsun Dealership to consider. Does the OPA come back to us. Oh, yes. What about the January 19th meeting,. can you prepare one by then. I think we can. " So, let's so direct the staff to prepare the OPA .,. that would be aside from the motion though, wouldn't it .. That could be handled as a separate motion .. why don't we do that ... keep it clean that way anyway. -35- _.....;..:'~.::I"~..v~~~~'?~~."!>\~~~~~..:";":: ..,. .:'~ :-i..";.-~':':;:""":'-('''';':':;~:';'''':'''';;'''..~'''':'':I-~ ~'",A''':-: -'~ ;"_~''-''-::''''''-;~.:::''''''::;.'''\>'1:'' ~.._~~~...........;":..:.'..<:" , . .;-., ',' '. ,"'" -.-.' , ~":'''::''''''~''''~~~'''~-:'".'':''\~ ';:"~'....,:)!t. """'-"'"",::'r=<I;.~':";,,~,";~~~ .~:.,.I f.'. l_i.~':<::~~'."""'''~;:,'~':'i' ,.:,.: j"I.::,~'1.,~,.T~--Z\,'.''''' '>, :,,~;~,.,'_ ., .-..,....i'.;' .,,: . . . " . , DRING COREY SAELI 0 HALTOM DRING PELLEGRINO DRING HALTOM SAELI 0 "."'" :. "'. .... "'-"-",~,,,,;,~ ":-"'I'f,"." ~., '.~ ~ . '~~"~k... 'i.I'\,,-..;' , . -. "":~;~ ::.':; .:., ' '-.' ~., _-",- .' :~:..,;~,;: 2~ .,., t...",.~;;..\ ':. ',. c..:..:..'~ "~,:-:,:;,,,-:":'~'';::~',,~,-,:, '.;~...,,,.,!', .', ,.-. ,', ..-...... '" 11 thee, be , pc,,'" 00 ,,' thi 0 ! tb"' OPA tbeo thot they h,,, , ,,,to'" ,mo"o t I of time in which to sign it and ~eturn it. Yes, that's a typical provision.1 I Is there any more discussion on the motion before we take a roll call on it, I don't understand the intent of! the motion. , Your motion was made, as Mr. Pellegrino made it - the subject we 'just discussed - I the bottom line of that was there is no motion - staff will prepare the OPA and I j bring it back to Council at the next meeting, So, there is no motion. So, that by February 1st Mr, Low, will have enough time with staff to get it signed. di r1ect i on to the City Attorney to prepa re an ordi nance I Second part is " within the for introduction ., This is confusing ... j can :clarify it - we have a motion on the floor - the Mr. Haltom, let me see if I motion is to direct the City Attorney to prepare an ordinance for introduction I which will approve the zone change .. that's the motion which is on the floor there are no dates in it other than those included by reference in the OPA. I , PELLEGRINO And, to direct staff to prepareian owner-participation agreement. SAEU 0 DRING SAEU 0 DRING HAL TOi~ So, there is that motion and that is the one that you seconded. , 1 further discussion on that motion. I Now, is there any In the ordinance that's preparea I , if the precise plan changes that I I - does this motion approve the concept that the high-rise overlay then becomes subject to revision or revocation. It is not stated that way by the maker of the motion, although I think its I appropriate to do so. Do you understand what I'm saying. I The only thing I don't understand why all this hasn't come up for the time 1-36- I ~"';l':'':'?;.:i..:;':;'~~.,-.-.,. ~. . ,,,,,,;,:,,:~~'" - : , ' .:.:~-.",:~~~~..I~-J.~.'."- ~,.~.....-:,..o~~-~~~#5t~':::"~':~~;~"~~~i{~-if~..~~~~~):.:;.:"'":;.:!/.;i'i;.:{::':':~^';:-;;'\:'~;.;~' ".... :"", ^, ..:,..,'...........,-... -~,'i-~.~~~'1f..i:_~~~'~~~;:;r!.:~:-.:~.::.:.:~:<;.- ~d>'-' .':. ".- .'-;;,:'l-~~,...r,,0"T.~~._'~t..-1.~,Ii{.~~).;.~-i~.~..I-_-:.,..~i:~(..\:;:i~~~,jS:'-1.:'-'.iY:..~,,~~.~~.,r'...(,:+>,.;.A~::~-~9....:,~."T~-::.:.:~~~:.;..;;..,..~{~;j:,;I:.~~;':';:":~":.::~'" . - " ...,,;.~.:.~.~.~>1;~f~~~.:.'\~, ;....L...~_~~.:t.\;.;. ~..;~ '.. ./'.' ,'-. ;'^..~.::""'.~i.\.:..\..p ..\ :'"'...i....".:......:.r.~.:..::...'..-"'l:.............;.;.~~....'y,..:;'....~..;"'.~..,.. ',: '. .,~. " .~: ....: ..,.~ ", ;:.- ._,...t_.l._:~"lL::~:... ."" ,'I '. '," I'~TOM .. n't that this has been going on, DRING PELLEGRINO DRING We talked about this earlier. Jeff, would you repeat that. If the precise plan changes - they come in with a whole new plan other than what the Planning Commission already approved - then its possible that the "H" overlay can be revoked if we don't approve the new whatever type of plan. HALTOM That's understood. DRING No, that's not stated and that's what I'm saying" it should be put into the ordinance '" I think we all talked in those terms but its not been specifically stated. PELLEGRINO Include that in my motion, then. SAELI D Is that i nc I uded in the second. ROLL ALL AYES ........ GILB ABSENT. SAELID We've already given direction to staff to prepare that for the next meeting and I don't think we need a roll call on that. NEXT ITEM. I -37- ',<0,:: -,~"~:~~).,,,;;,';<i:~i4~iiij~i~~i~i~~~~~,~r-~"f:~:~>i~,,,,,'~;:if:*'~""7~'t'?f"'~--:~"'~j;ioc';/f4-:-;";r-"'"""'~'~ . ,',. , ~ ~ ,~<~,~:-zt";~~ ::- ': 1..;.:,t~~)7~S.'~:'-':\:..', ...':::f:*,,:?~'-: . _ . r .. . , . . . ,,-,- ,/ .t~., "", . ."~': :'~"" ;'..' U' "". -- ".. ~ ~ . , . . . ..--:.~t.!:.'~;;.:';t.., ....~,~-... "'.".-0' ,,--- -.,. .- .~''':..~ :."'. .Z?:~="~'7~::~~ " " G I Transcript (Insofar as decipherable) 333-421 East Huntington Drive Datsun Property PRECISE PLAN Regular City Council Meeting January 5, 1982 I " " - ~~~~:~~~~!~~':~::i: ~.;~,?~~~,~~~.t;;.~:~..'iii~;~:~;,~",>:*\~~~':~~:~~7.~"'~'::';~J ~,:,;,::,~~~.:/,...'if~.~j~~-:':~'~'1k; - "~~"~~:":if~:~'i~~~~.";>f~~":~jf>~i~'",':i" .~~-..."*..i~':F-~~:~~"~~~"'?';:-'''~"<': ;~~. ~;~~1~~~~~~~~';j~~~~"'~:~.~~,:f~j~>1;;4i<f:i~fi;!~~:':'i~'p{~~-f.::::'''';''''''''1'i!'i'ii;",,,*,~r',,~~,,~~'''-;.>-.,,,;.,....,..,,,,,,,,,,.i~' ,"h'!-j"~::;:'",,,,,,:.<,j.,..,,,, :'. , ' :~:i.~;""j)..~:":::"~:.,:..;',:~,:..ii.::i:~\',..~::-.:, ;S"-,:,.,:~ :...., IElIO WOOLARD I . .' . . . .. .' ~ ' ..' . . ..,,-, :~. ,,1': .:......:'..".:.i.~~..:::.;:;,.~~io:~);!;.'->t'~..,,\..,;......:.-:\~y ',_ . ._-:: -.... ..".,.,..... _ n:.....~:.;...;:..:..-O;""_. ,-" ....;..,. .!;,~"'....:...,~~..~:.,;:I:....-( This is a public hearing and it has to do with the same development .. This is a review of the precise plan 81-2 for an eight-story building. Honorable Mayor and Member of the City Co~ncil the Planning Commission at it December 8 meeting recommends to the City Council approval of this precise plan for an 8-story building which includes offices, bank with drive-up teller faciltities, restaurant, deli with outdoor seating and automobile dealership. Based on staff's calculations, taken from the plot plans the building will contain approximately 177,120 sq. ft. of gross floor area, including the base- ment level in this particular structure, which were designed for the automo- bile dealership, The building itself will be contemporary in design, earth tone in colors, and I think we had the rendered illustrations in the Confer- ence Room during the pre meeting. A 115,700 sq. ft. 4-level parking struc- ture approximately 35 feet in height is located on the northwest corner of the site, The approximately 494 parking spaces are being proposed - 168 of these on ground level and 326 stalls in the structure itself. All of the parking places appear to comply with Code in regard to stall, length and width requirements. The access to this site will be from two driveways on Huntington Drive ,. there will be a separate driveway for the drive-up teller facility. The landscaping proposed exceeds the minimum required by City Code. This is the second project to be submitted - first went to the plan review procedure set forth in the CPD-l regulations - the first project was the hotel, which had a Spanish-Mediterranean motif - the contemporary design of this building and,the earth tone colors will be compatible with those of the proposed hotel. Staff has reviewed the plans and elevations and believes that the proposed project complies with the architectural 'considerations as set forth in the precise plan review procedure. The Council in its consider- -1- . -:. ~''";:'~::.,;~".J ~-~.....-;' ~~:.::..:..""', !,j'~~,.~,~:::'::"\::i~,_~€""'.t.C.""';-::...~~'f-'::"',:'~~~~;j:*t~6~~\'(~~':, .2" -:.;.~: '-, ,~/.;._;;; '~J ,,:'~~-~:.r:;,:<::<; '~!.J~"<~',;... " .. '-~;~;;'.;.~~.;., _:~ ,':.....; :;,,: ','. :&';;'. :.J< ~~.A:' .':.~ . ~ .f, , , .:'~:{1'J,;r.,.:,...:~:~.~j-:~,,,,~~-:~~~S\~~<)<<j~.t~.f=>~~r..>~I:""-'::_""!.:7~<<"+""::<:'l.~.~.~..i::'::';.~--':;(',::~;.-';;'.i!':';:'r;~~..~:,~.:J;:;';~..;:;,~f.-;i~~'~:~:::,~:'::';A~~:~:,::~ ~~~~~!"~:1;:::~;~i:~';-'-' " . . _'~~',~",,,,,,,~v,,,''::'.~ _~_.':"-'t;..~.._ ~,:,,""""'."::;..::......""-l:"""""~""d"":"'_-' _~ ., . ....._ ". __ _~ J . IIOOLARD con't DRING WOOLARD HALTOM PELLEGRINO DRING WOOLARD DRING ~JOOLARD DRING '<-'-~-~ -". . ..-,-. .,. ation should consider this application for consistency with the general plan I and adherence to the CPD-l zoning regulations. This concludes my report. Mr. Woolard, at the Planning COlllmission there was some discussion regarding I an outdoor restaurant or deli -Iyou may remember - at that time it was indi- I cated that there was no consideration given to the parking spaces required I I for that. Is that true or false, I I Didn't somebody state he was already 100 parking spaces over his required I I don't recall. parking spaces. I Councilman Dring, on page 27 ..I it has del i .. I understand but the calculatio~s as I understood at the Planning Commission meeting include the floor spaceiwithin the building but there is an outdoor restaurant which they did not calculate as part of the spaces in which square I footage accrues for parking .. is that correct. The 100 spaces extra, Mr. Saelid, or whatever the number was, which Mr. Low described, was also, at least on the information given to us at the Planning Commissio~ he intends to use for parking for his vehicles for his dealership are not available to the public as it stands. Our numbers indicate we have 412 spaces available I I for public use of which there are 410 required, not including the outdoor I , restaurant - what would be the impact of the outdoor restaurant. , I The outdoor seating would be in~idental to the main restaurant activity. We I do not feel that there's a sign~ficant impact from that additional seating area. I I Do you have any idea how many people based on the plans...... , I No, from this plan there's not that level of detail to determine how many square I feet of outdoor area was going to allocated to the restaurant. However, are you comfortable with it. -2- ~ ...:-~~~..t~~~";;':;~;::-i-~::-.~ ::.~;. .-.-....~~. .:...._. "'('T~:"':::''''''''' .. .~4'~t'''-~';J'~;;'"i._~,:.::.:........'.;.i_..:::.~~~.es~~-k~:~i.~~...,~;~~r1'?:...};~~'t;.~~;,;;:~..-- ~;: ,;" , " .. . ,..' - .~~ ,,' , " . "~'., ." ".' .~~~~-"3.l:i~':>i:;,ri:'f~:Q.~:~,~~'),~:~~~~"~.~;:-;~<':i;;"::-::1";;~..;,:.,~ ..=;. ':, ,'. . '^. ." ~~~:I'/,';;{." wt::Y"6.,t.1Ct-~;.rr,':~~'''';-<,~,~':,''::'i,:..t.","'i~9,,:l{';';.0:.j~~;:::~...:;.,.;.\~:'''":~J~;~~!i;\0.\.r'::.:-: ''''::;:'-1'.".'', '. _""':" ','.';.' -'- , , , '#1'"~~~~~~~:~~.~~_._:.,;;...,:~;'~~~c,~,~;: ~,':t."~._'~;'-!.':.,.-..,.~~~-, IDOLA'" SAELI D RICHARD MARVIN SAELI 0 , , . ,'" I ,.~_.':..,-'...,~, "." ;~,,'., '.,.r::"",..,~ ~'~."".~J_c;.Z~;. ..~.~. f .....,,_....,....:,>,,; ~.~. "'_ _~, ,,"". ~.... Yes. Any other questions of staff. Alright, this is a public hearing would the applicant care to speak on this. Are there questions of the applicant. Any- body wishing to speak in support of this proposal. Anybody wishing to speak in opposition of this proposal. This precise plan, 28 North Third Avenue. I feel that there should be an environmental impact report which addresses itself to exactly to these particular plans .. this high-rise building 300 feet from the edge of the property line and the park- ing structure 20 feet from the edge of the parking line. Thank you, Mr. Marvin. Any questions. Anybody else who wishes to speak to this. Seeing none the Chair will entertain a motion to close the public PELLEGRINO So moved. hearing, SAELI 0 DRING Second. PELLEGRINO I would like to entertain a motion, Mr. Saelid, .. I wonder if I would make So ordered. Gentlemen, who would like to lead off. SAELI D I PELLEGRINO HALTOM SAE LI D a motion in favor of the precise plan ... May I propose something for you to direct the City Attorney to,prepar~ a reso- lution making the necessary findings for adoption at the January 19th meeting, That way the findings in support of the finding for approval can be carefully 1 ayed out. So moved, Second. Its been moved and seconded, now, can we have any discussion on this. Let me lead off then. My thoughts on this .. first of all, my discussion on the sales tax revenue got a little bit shifted in terms of what my emphasis -3- ~ -.:..,:~..:._'.:... ..~.. .....~ ~~~~~;~i%i:~~..;,J~"'"':''''7;~.''.?,i':..,''',:.''''''''''''<y'',..:'''.~'h''".t:,''~~"-""'""..""',"" "'''','', ...:::....~.-..:.._... .' ,-,..... "', - '.':'-: ..__~. ~:;:.;:;. '}.:~:.:~r ::':'.~ ~~t: , ;...... . ~, , ' .' .. ~I ~. .. .-' " .' ~1."","'~;::f.~::~<:-"C~ -:;:.. . -- ~;:"'~~i~~~'''';'~ '.' . ,.'. ''''~' ..- ,.--- \, . . ?).:.~~~~~~"'f!~~~~_W~';"~":'.t;t~~~i-k~I~~""';"~"''='';W''~~O';I''''''''\':'1',J":.;;,....:r:::'-L!~:~.;~'t...':.f:..~.,N.;'.~.~:.._,.,... ." '".. :~5.~itfj,i~;~~:~t.~?'~_<,.;::',~._'.-':_:~~.~~:.:':, ': ' . ,- '" " ,:,' ' .;.~~~~~~~~~1~1....:.....,..~~~""....t:.....-<.,..~_-'~~....._......4-C..4..... .'_' ...~...:.:_.r..::.-:...;;;...-:;k........:...~,_.... 7 SAELID con't really was. My emphasis is we d~n't want to see as a result of approving a I zone change conditional use permi't in a precise plan - an overt attempt on , , the part .. or covert attempt on ~he part of the applicant to move his busi- I ness to an adjoining community so,lely as a result of our action here this evening. On the other hand it is! not my intent, and I don't think it would I be the intent of any Council, to insist that a man keep his business open re- i gardless of what the economic con~itions are. Obviously, if the economic con- ditions are such that he can't co~tinue to stay in business, that ought not I to be as an auto dealership. That ought not to be a reason for wiping out the , zone change. If the usage of thelproperty, on the other hand, changes then its I a reason to come back to the Council for approval of whatever different kind of , ' I business he foresees as going into that location. My intent is not to be un- reasonable but rather to see that Ithe City of Arcadia does not suffer a loss of , revenues .. simply as a result of the action we take as the Council. That is i what I had in mind - and that's a concern of mine and I think if the wording is , properly phrased, something that wbuld be palatable to Mr. Low and something that would be palatable to Council! and to myself. That is what I would like to I see built into the owner-participation agreement, The jist of~hat, maybe not , the precise wording that I just gave it, lawyers have'a way of saying these I things in such a manner that nobody can understand it but if they can follow' , I the jist of what I'm trying to get1across .. why, maybe we can bring that off. That is one concern - the other thing that I feel,.. I don't feel necessarily .~ I that the 12-month period within which construction must be started as neces- I sarily reasonable .. on the other hand I feel that we do have to have a time I table performance and if that's 18 months .. if that's reasonable that's i fine. If 12 months is reasonable, ~f course I would much rather go ,with the I I -4- I . - .. '." .'-..".:,- ... ~~~'ia.:~;j6'~"'-~,.t,, '0',;' "-,,,,;~,";,\~},~:;;,,';;'6~b;;iii~~~~;!L~~~~~~~;i~-;"~'~~;<~,,~e;';~'7^' :;,~~"i":C~" "~",~""c.:~"'~o^- ",,- ',/",' '.~' ?:./::.~.,.. ''':':=f~''i.''~~..1.',?~;"_?~,,,:,~~,~-:, .. " . "'.1.' --' ,'..c'~',<-,t~:..~:~.;.~.: .' ,.... ' . ...:._':.... .' .'t. . . -, ':'.~.:" '. ': -':.. ~'r," I"' ." ",". .. .',' ,'.' .' _...... ..;.....,..... ;...I"~'.':""'""'~__"'-""'+';,~,.~>$.;:;.:~.~-"~.~.:',~._~:;;',,~,;;,';;"\~):.j;~'r_~~.,.::'I,~~":,':";j:~'''''.\'':_ ....'.r...- '.~~' ."'~"".....:,~_.'-';:_.r _ ',_ -''':~~'';'.~~':';''F<<"~I7--~t,;.{;-:.:;.t-;~,~';=--:.!".eri.~;:'?~~1";'1~~:'~~~~~~'tii~~~~_-wS;-,l':_"~~':'-~....-:o~ -__~-'J,,,_,.~,,,,,,~;~~~~;,-~-~~2~~.,.,_,~1i~J}l1D~!ff~ltf~f~;~1~~l;,d~~"~~""r "~~~..~:~~~', ELID con't 12 months ,. but, that again, I think is something that can be worked out between the City, the Agency and the developer. Any other comments. PELLEGRINO I would like to make one comment. I share what Mayor ProTem Jack Saelid has said but I also have to look at is as an individual that has been with the City for a long time and is part of the history of the City trying to extend himself into bettering a business in Arcadia.. we hope that he keeps his Agen- cy here for our sake as well as his own and again, I have to see private enter- prise come in with their own money and doing a job like this .. at fourteen million dollars, and I can say years ago, in my treasure chest of memories, that we had a part to help Mr. Low perform this action in the City of Arcadia., DRING I think to restate a point .. I cannot support you on your efforts to require them, by whatever means, to maintain their business, though I would, as you do, hope that they would because the City does derive sales tax from them, and that's very good.. however, it is private property and its privately owned and in the American way of doing things they have a right to do whatever they so choose. To base this approval upon that requirement I don't think is fair I and reasonable - I could not support that. I don't believe staff so far has I been directed that way - unless I'm wrong I think we should reach some kind of consensus or bring it to a motion or something because I could not support that kind action .. I find it a little uncomfortable. SAELI D HALTOM PELLEGRINO I understand your concern, Mr. Dring. Let's bring it to a vote and find out if we want staff to pursue that or not, Wouldn't it be better if we heard the attorney's version of his meeting with f-lr. Low. ,HALTOM Well, no, Don, I think its a moral issue more than anything else - more than -5- .:'.1_" , ' , I.:' .:::..:.-:;. ';!<:::'3,:,,:"~'".<~#{~:fd~:~.~.,;:''' ,l..;-r~~~~~:=:..-$:i:'~I';'-~:~-~"':i;,~~~;~-:-i;;,;;:~~'::-_ - _....';;.~...:"::..;,!;_,C'i...:-,.~ '''..', >:,,~::::"';~:'~;~'~"; y~. ->: ,. : " '-, ,~?;-"~~'""'J1;'-?-i'~:.,.-,c..>r~',,,,..;,,~..-,.b,,,.,..,..," 'o"''''''''''';;'''''''':'';; ,.';CT' ""..,0;.. +_",.< "';'" ;,;,..,h,;"",wC/<:'-'''',''','";",,,i''N2' ,,,,~, ':'c ;1~?;':';';:-::,);~:~!!~:~:~;~!.:, '::~~"'-~~'~:;'~\":'l~.'i:.>:'r.~'.,:~.:.:y.~:..,...t=,:,.~",r'~~....~,_~".'V;-:' ::. -, '." . '. '.~;,." ,:, . ~_. ...., oJ r _',,'~. ...:~~:~;,..~..-..--:.:;;~ :....:..~.~..'..:....-,;..w , " :_.7~.c.,;,.:...:...,::~J;.;~_L..}................,.;.~;.:.v. HALTOM con't SAEU D DRING SAEU D DRING SAEU D anything else - more than a legal issue - its a moral issue and I don't think I that you would agree to anything 'like that - I know I wouldn't and I think that I anyone who has ever conducted a ~usiness wouldn't ...1 think its the most ridic- ! ulous thing I've ever heard of ..1 and, I don't mean that personally, Jack, I just mean that from the standpoint of a businessman - its just completely I utterly ridiculous - a guy would have to be an idiot to agree to.it. , I think its a very serious matterl of policy with regards to whether this kind I of condition ought to be applied ~ its one of those conditions which if it is I applied will be applied in the owner-participation agreement which isn't before us tonite anyway, So, the . I reason' I'm bringing it up in this manner .. we don't I tonite,and perhaps it would be smart to have the have to make that decision , full Council consider the implications of what we're talking about at the time I the owner-participation agreementiis brought back to us ... we can either act positively or negatively on that aspect of it. I don't have any problem in I terms of approving the project or:the precise plan based on the including the I owner-participation agreement andlif the majority of the Councilor the Agency I feels that they would not like to1include that I will not stand in the way of I approving it .. I will go along with that, but I think we should see what the Mayor's thoughts are on it. : 'I' I don't think under discussion wad the concept of whether or not we should have the owners-participation agrJement but rather the terms which you want , us to put into that agreement. Ri ght. I would just as soon bring it to a: vote so that staff knows and directed but it maybe a moot point. I've stated my thoughts - I'd i I ike! that aspect of it held for the full Council. I . -6-. I I I , ' ~h~!"f-~.~4~t"\~:.:~~::{#~~(i>~#~~~~~~;:;:Ji~~\i.;i~:.,:-;:,~,:;:"'~c:;,~)~bs-'$";':~",,,:,;ik~:~--:r;p.,>,.:~,-:t-~~:,;:'':;'~~;~!-~:~~,:~L:;'.~;::~~,2=~~s~'!'~___"'';o~:'" '~.', . ' , .J ' ' ",,' <~>' . ,. .' -...~ )1::'~'?"'~'}.-~'~~H,~~,,,,,~ ::~~"~~~~\'i:r.-.Q.f~?~~~\'~41~:;:.~,,;_.-;:J/."<~~',~_';'cli~'.!-~l;;<:":<..:.....i.--:-.~,:*';.._ ?~;.;.~.4:;~,~ ',,_., "r~~:::::,..f'f'>'- ,.",:~:.'; : ,'", ~,,;.,'. ',",';3; , , '"''';. , "','.cv-'~ _ , ' . , .' . , .~. ", ,'~ ',~",,-,'" I, TOM , ' ."e .....~-,~"..,..'-~,-{. Yv ~ .-:~,., "~:"','...':"J.:'.,;>"""" .~.. ..~,,,,,:,,.c:;:.., ".".~< ;:~,-,.~.~~.;'~,':;:>i'';'_' .;....:...: ;~~; .' ,'; ,..:. :'~._ ":'J.'.~;;'" .,. ;:"~' .J'.:'::;,,-,~-.:~~' ..: ':: <, I would like to make a motion that we take a vote on it and resolve the matter here and now, PELLEGRINO Second. SAELID The Chair ... you made that as a motion .. then, your motion, Mr. Haltom, is HALTOM My motion is wh~ther or not to make the owner-participation agreement contin- gent upon Mr. Low continuing his Datsun business in the City of Arcadia. SAELID Okay.. which one ..your motion is that we not make it contingent " HALTOM Yes. SAELID There's been a motion. PELLEGRINO Second, ROLL DRING, HALTOM, PELLEGRINO..... AYES ........SAELID... NO.... ..GILB ..ABSENT. SAELID Alright, that item is settled, NEXT ITEM SAELlD lING L TOi~ SAELl D DRING SAELl D WOOLARD We still have the basic question before us ... we've only resolved that we won't include that as a condition on the owner-participation agreement .. it looked to me like you thought the whole thing was over but we're still working..,. there's more Mr. Saelid, I move to approve the precise plan 81-2. Second. May I ask if you would consider a requirment to include an owner-participation agreement as a part of that precise plan approval and conditional use permit. That includes your time frame.... The was approved earlier, was it not. The last matter .. The high-rise zone was. The conditional use permit was approved at the last City Council meeting. -7- ':. ::>_~~-'~S~~;;:~.;.:;~:-;:;;~j;::4:l;:.i.:'.~~i,i~l;'.;;~::.~ ;:.~..~ ~f~~l::"'.- ~.; ;:';,'~.;:';"..;.:'~, .;~~)<f.~'_ :,-:o..-t... '. .',;" 1.:,1, '~:;':";,' ;'>:'J~\(1..~;'" '., ':" '","er .;> ':',' ,.': :::~~..~~-",~::,..:<.';:;";'''':'f:f~'~:'~--''l">';':''-''',"", ":~:-.:o:4;:.:.-'" t<~!'-.' ,. ;~<\^~~~~~~~~~~~;i~~;.~~J~;~i..f.~~~~'f.~;~~.~hY~i-~t!~"",~:>;~,;i~':~'~~,'~Y;~""'f.i'~~f.;-5:;,J- \,;'.:+".:~'7~~~~"*i:":"~""~~:"'."'"'';'''''''''~'\-''''';:'-.~-''c~,:,:.''':''~''::;~'''''."""'~;->.\o''''';''f .,:"<-'''..:,";;;:('::......:-,.".:;.. ':7'- ~. ...,;..'\- .,:!~, ."'~ '.' I !. .;.. ... '.,. , "" ,.,~.._., ,;,-(, . .,':}.,J.;'.'~."~"" '. , " .>,. .""-",... '. , -..~.-''''', '.'.- " ~- ~ ~ . . '. . \,OOLARD con't But, that was contingent upon zone change - so unless you have a zone change I you don't have anything - and that's apparently contingent upon the OPA. COREY SAELID It's already tied together. So, its tied up with ...alright, then we don't have to include that .. that's automatically included. Alright, is there any discussion on the motion before us. PELLEGRINO Second, SAELID Discussion? ROLL 4 AYES ....... GILB ..ABSENT. CLERK What about the resolution. Pellegrino made a motion awhile ago. SAELID May we have a motion to direct the City Attol'ney to prepare a resolution. PELLEGRINO So moved. CLERK We already have a first and second, do you want a roll call on that. SAELID This is directing the City Attorney to prepare a resolution approving it. ? .......findings of the approval of the precise plan. DRING Second if you need one. SAELID Keep it clean and have a roll call. ROLL 4 AYES ....... GILB ... ABSENT. LOH I would like to make a statement, if I may. I would like to thank each and I" buildin everyone of you for your efforts and in 20 years when you drive by that I hope you will remember tonite because we will not let you down. SAELI D LOW SAELI D Thank you, Mr. Low. ~, Thank you. And, I don't think you'll find the City letting you down. NEXT ITEM -8-