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HomeMy WebLinkAboutNOVEMBER 23,1982 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0628 I y R~\q TUCKER BILL Parimutuel Wager Election Agreement Attachment APPROVED MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING NOVEMBER 23, 1982 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in an adjourned regular session Tuesday, November 23, 1982 at 7 p.m. in the City Hall Conference Room. 'This consideration had been continued from November 16. The'City Attornev introduced Robert Post of Gibson, Dunn & Crutcher, which firm had been retained by the City to review the proposed Agreement between the City and the Los Angeles Turf Club, Inc., a California Corporation, Santa Anita Realty Enterprises, Inc. ("Santa Anita"), a Delaware Corporation, and Oak Tree Racing Association ("Oak Tree"), a California Corporation. The City Attorney enumerated changes which were made in what is referred to as Attachment A. Mr. Post explained in detail the effect of the changes (see Transcript attached.) The Attorney for the Race Track,' Mr. Stamper, of O'Melveny & Myers, said they are in accord with the changes. Council then entered a CLOSED SESSION on liability aspects. Reconvened. Reference was made to a communication from the Race Track and it was submitted by Mr. Post that it is not part of the Agreement, to which Mr. Stamper replied that they understand it is not. i Councilman Dring MOVED, for the purpose of clarifying the legislative intent of the City Council, that the following statement made by Robert Post, of Gibson, Dunn & Crutcher, be ACCEPTED: "Because the Agreement stands on its own two feet and it is the intent of the City Council that the Agreement Attachment A is, particularly having been decided by mutual agreement, that we would not attempt to define the obligations of the City; that it is an Agreement that implements and carries out the Statute and sets forth, in effect, the same rights and obligations of the City, Los Angeles Turf Club, Inc., Santa Anita Realty Enterprises, Inc., and Oak Tree Racing Association, as are contemplated by the Statute, and does not go beyond the Statute as far as these matters are concerned." MOTION seconded by Councilman Hannah and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring,'Hannah, Lojeski, Pellegrino None Councilman Haltom " It was MOVED by Councilman Hannah, seconded by Councilman Lojeski and carried on roll call vote as follows, that the Agreement Attachment A be adopted and that the Mayor and City Clerk be authorized to execute same, Attachment A, only if the City Manager has first approved it as to content, and the City Attorney has first approved it as to form, and if these approvals are not given by 5:00 p.m. November 24, 1982, this MOTION shall expire and be of no further force or effect. AYES NOES ABSENT: Councilmen Dring, Hannah, Lojeski, Pellegrino None Counc'i llllan Haltom -1- 11-23-82 ORDINANCE NO. 1758 ADOPTED / l II lIe- I 'CHRISTr.1AS TREES STORAGE APPROVED [ APPEALS - PLANNING COHHISSION I ACTIONS SAN CARLOS BARRICADES .; 25:0629 Councilman Hannah then presented, read the title of Ordinance No. 1758 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA ELECTING TO RECEIVE .33 OF 1% OF PAR[HUTUEL WAGERS PURSUANT TO SECTION 19610.3 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE", and MOVED that the reading of the full text be waived: AYES NOES ABSENT: Councilmen Dring, Hannah, Lojeski, Pellegr'ino None Counc i 1 man Ha ltom Councilman Hannah further HOVED to adopt Ordinance No. 1758 with the adoption effective only if, and on the date on which, as determined by the Ci ty Manager and Ci ty Attorney, the proposed Agreement bebleen the City, Los Angeles Turf Club, Oak Tree Racing Association and Santa Anita Realty Enterprises is approved as to content by the City Manager and is approved as to form by the Ci ty Attorney, and shoul d these approvals not be given by 5:00 p.m. November 24, 1982, this MOTION shall expire and be of no further force or effect. I AYES NOES ABS ENT : Councilmen Dring, Hannah, Lojeski, Pellegrino None Councilman Haltom CONTINUED from November 16. It was staff's recommendation that if changes are to be made to the rules and regulations of Christmas tree storage and sales, they be made in the ensuing year. Staff enumerated the conditions under which approval should be made. (See report dated November 16, 1982.) As far as those locations which abut R-3 property are concerned, the Code. provides that Counci 1 m.ay authori ze the sale of Christmas trees on such zoned property. (Section 9281.4.) During the consideration it was the consensus of Council that in the future applications for this type of activity be received at an earlier date ... applicants to be so notified of this change. It was also noted that the applicants for the sale of fireworks for July also be notified of changes in those rules and regulations. It was MOVED by Councilman Dring~ seconded by Councilman LOjeski, and carried on roll call vote as follows that the following applications for permission to erect storage tents be APPROVED subject to all speci- fied conditions: John & Betsy Wild 211 E. Footh ill Blvd. and 186 E. Dua rte Rd. Hawkins Christmas Trees 756 Sunset Blvd., 1595 S. BaldloJin Ave., and 721 l-J. Huntingtcn Dr. *Kare Youth League 650 W. Huntington Dr. and 220 E. Live Oak Ave. *The request of this organization for a waiver of the Business License fees for the above two locations plus the use of the lot only (no storage tent) was APPROVED. (This is a non-profit organization.) AYES NOES ABSENT: Councilmen Dring, Hannah, Lojeski, Pellegrino , None Councilman Haltom I " . In discussing Council's intent on an appeal of actions of the Planning Commission, it \oJas submitted by Council that they desire it to be that "Any Councilman may appeal all actions by the Commission, ,be they modi- fications, conditional use permits, etc." Councilman Lojesk,i referred to the conditi,on at San Carlos and Orange Grove caused by trash being collected there ... it needs a good clean-up. Staff will contact the Homeowners' Assocfation to see if they still desire the barricades ... also poll the residents on San Carlos in this rega rd. -2- 11-23-82 PARROTS' V MISCELLANEOUS HE; CLOSED ,ESS ION ,'.:.~ ....; I . . ,":" it ': ~... . ~..,~ .j; 25:0530 Staff said a report' will be 'submitted to Council in the next Newsletter. The City Manager referred to a communication directed to Mayor Pellegrino from County Supervisor Pete Schabarum concerning the County Park; also a communication from the Parks and Recreation Commission opposing the use of Par-3 property for R-3 use; also, a communication from Group W Cable Television advising its status as of now. Also, a notice of a forthcom- ing meeting of the League of Ca~ifornia Cities. . Council also received a copy of the brochure for the sale or lease of Arcadia Redevelopment Agency-owned property at 412-418 East Huntington Drive, and 55-55 East Huntington Drive. Council entered a closed session on litigation, reconvened, and adjourned at 8:45 p.m. to 8 a.m. December 4 (Saturday) in the Conference Room to conduct the business of the Council and Redevelopment Agency and any closed session, if any, necessary to discuss personnel and litigation matters and evaluation of properties. t rVetlJ ATTEST: ~>Z~ Ci ty Clerk 1 -3- 11-23-82