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HomeMy WebLinkAboutDECEMBER 15,1970 r CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK -~ 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING (Sidewalks) DENIED 1 19:7756 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 15, 1970 The City Council of the City of Arcadia, California, met in regular session in the Foothill Jewish Temple Center on Tuesday, December 15, 1970, at 7:30 P,M. Rev, John Myers, Arcadia Christian Reformed Church Mayor Edward L, Butterworth PRESENT: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None On MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously the minutes of the Adjourned Regular Meeting of November 10, 1970 were APPROVED, Mayor Butterworth abstained from voting as he was absent from said meeting. Councilman Considine then MOVED that the minutes of the Adjourned Regular Meeting of November 24, 1970 and the Regular Meeting of December 1, 1970 be APPROVED. Motion seconded by Councilman Rage and carried unanimously. Property owners on Newman Avenue between Santa Anita and First Avenues had petitioned the City for the installation of sidewalks. Staff had estimated the cost per the average 50' lot at $60 which did not include any court cost or severance damages in the event condemnation proceedings were necessary. Notices to this effect were mailed to all owners of record, Mayor Butterworth declared the hearing open. C, J, Hubley, 30 E. Newman Avenue, spoke in favor of the sidewalks but not the assessment. He explored in detail the situation as he understood it - and made reference to communications between the State Division of Highways and the City concerning the construction of sidewalks on the subject street, which was by necessity terminated in a cut de sac to permit the Foothill Freeway construction by the State, He stated in part that theretofore residents on Newman Avenue had vehicular access to First Avenue and that it was reasonable that they be provided with an adequate concrete sidewalk for pedestrians now that the freeway was constructed in that area, He felt circumstances led the property owners to believe sidewalks would be forthcoming but not at their expense. In answer to a question Mr. Hubley stated in part that if Council came to the conclusion that it was not equitable for the City to install the sidewalks he would believe the property owners would rather do without them than to have to bear the cost. The record contains petitions for the sidewalks and a petition favoring the sidewalks but not the cost ~ the latter contains 11 property owner signatures out of 17, 12~15-70 - 1 - TRACT NO. 24748 Tentative Map APPROVED r It' ::'( CONDITIONAL USE PERMIT (HEARING SCHEDULED) RUBBISH CONTAINERS CHAMBER OF COMMERCE Report f /fl TRACT NO. 25174 (Sidewalks) l' /:J ! 9 FLOOD DEBRIS DISPOSAL (HAULING APPROVED) 19:7757 No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously, Discussion ensued and it was the consensus of the Counci 1 that there is no evidence of the City being negligent in not demanding the State to construct the sidewalks; that there are differentials in demands a jurisdiction can make to a superior agency; that if the City installed, at no'expense, property owners in other areas of the City could also expect the same treatment; that it has not been the policy to construct sidewalks at no expense to the property owners except where the safety of school children is concerned, It was noted that in the subject 1 instance the sidewalks would only provide an access to a particular area - not a way for the general public to traverse; that only the property owners on the cul de sac would really benefit; and because the property owners feel as they do it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the request be declined without prejudice to the property owners if they so desire to present the matter again at some future time. On MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously the tentative map of Tract No, 24748 (1161 W. Duarte Road ~ condominium) was APPROVED subject to all conditions imposed by the Planning Commission, Director of Public Works and the Warer Manager (see report dated December 15, 1970.) The Planning Commission denied application for a Conditional Use Permit (Resolution No. 720) and the applicant has appealed this decision, A public hearing therefore was scheduled for January 19, 197i. The request was for permission to construct an automobile service station at the northeast corner of Foothill Boulevard and Santa Anita Avenue. Council received the report of the results of the reaction of the public to a recent public demonstration of one type uniform refuse receptacles. It was the consensus that staff continue its analysis of other approaches to the problem. Council received the semi-annual report of the Chamber of Commerce. Mayor Butterworth noted a conversation he had with Chamber President Camphouse in which it was stated Chamber would rather prepare reports on an annual basis. Mayor Butterworth asked Council to give the matter some thought. Council received the request of Arthur Bauman, subdivider of Tract No. 25174 (Old Oak Lane) for deietion of one of the conditions imposed 1 at the time the tract was approved, i, e" the construction of sidewalks. It was the consensus of Council that all aspects of the development had been fully considered and that its approval had been granted with the understanding that all conditions would be complied with. The communi- , cation was received for the record and ordered FILED. On MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously the Los Angeles County Flood Control District was granted permission to haul debris from the Lannan Debris Basin to the Santa Anita Debris Disposal area via Santa Anita Avenue in the City of Sierra Madre southerly to Elkins Avenue and easterly thereon to the disposal area. Conditions were imposed and set forth in the Director of Public Works' report dated December 11, 1970. 12-15,-70 - 2 - ENTRANCE MONUMENT P 'j/~ 1 ADVERTISE FOR BIDS (City landscaping) EQUIPMENT PURCHASE (engine check) p. ~ .;y,:J) 19:7758 On MOTION by Councilman Rage, seconded by Councilman Considine and carried on roll call vote as follows the firm of William Montgomery & Sons was awarded the contract to reconstruct the city boundary monument at Huntington Drive and Michillinda Avenue, in the amount of $2,034; that all other bids be rej ected; that a purchase ,order be' issued in said amount. Funds in the Council Contingency Account, AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On January 21, 1971 the City's existing extended contract with Duke's Landscaping Service for maintaining landscaping areas will expire, The Director of Public Works has contacted the School District and has worked out joint specifications to cover both the District and the City requirements in the hope that a more attractive bid could be obtained, It was MOVED by Councilman Considine, 'seconded by Councilman Hage and carried unanimously that the plans and specification's' be' APPROVED and that the City Clerk be AUTHORIZED to advertise for bids to be returned January 4, 1971 with the results submitted to Council thereafter. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None STREET It was noted that street improvements in Lot Split 69-11 have been IMPROVEMENTS satisfactorily completed.,.. consisting of curb and gutter construction, ACCEPTED - sidewalks, relocating the traffic signal, street light and street paving Lot Split on Naomi and Baldwin Avenues in connection with a new shopping center on , If'the southwest corner thereof. Councilman Arth MOVED to accept the street p, 'ILl ~/'~-[<' improvements and the City Clerk was authorized to release the performance I . bond. Motion seconded by Councilman Considine and carried on roll call vote as follows: It was MOVED by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows that a AC/GM Diagnostic Tune-up Center be purchased at a cost of $650, This equipment will be used in the Equipment Division in servicing city-owned vehicles, It was noted JIAL in a report dated December 11 that impending legislation, Highway , Patrol enforcement of air pollution, as well as the City's interest and desire to improve the environment, are the primary reasons for the equipment which will result in improved efficiency and economy. Funds in Council Contingency Account, 1 ROOF RE- PLACEMENT (firing range) p: jJ~?,j~:J AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On recommendation of the Superintendent of Building and Safety, the Director of Public Works and the City Manager, the replacement of the roof over the firing range building was authorized on MOTION by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, and that $1,780 be authorized from the Council Contingency Account for this purpose, AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None 12-15-70 - 3 - / EQUIPMENT PURCHASE (Fire Hose) ! ;.... f . I p.' ~:' ~~' ; :~: RESOLUTION NO. 4173 (L M D - Consolidated) _I ' /.~ alt' FASHION PARK (continued) 1 " ,j 'J F (STERLING) (PROPONENT REBUTTAL) (STRUB) . , ! 19:7759 On recommendation of the Finance Director and the City Manager it was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows the City accept the bids of 1) Halprin Supply Company and 2) Wardlaw Fire Equipment for the purchase of 2 1/2" and 1 1/2" fire hose (3000' and soft suction hose (2 lengths) respectively; that all other bids be rejected; that any informality or irregularity in the bids or bidding process be waived and that the appropriate purchase order be issued. AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None 1 The City Attorney presented, explained the content and read the title of Resolution No. 4173, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE CONSOLIDATION OF ALL EXISTING LIGHTING DISTRICTS INTO A SINGLE DISTRICT PURSUANT TO THE STREET LIGHTING ACT OF 1919, STREETS AND HIGHWAYS CODE SECTIONS 18000 ET SEQ." It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 4173 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Presentations in connection with the application of Santa Anita Consolida ted, Inc" for a zone change to permit the development of a regional shopping center at the northeast corner of Huntington Drive and Baldwin Avenue; for an amendment to the "HI! zone ordinance to permit two 12 story office buildings and a conditional use permit for automobile accessory service centers. NOTE: PRESENTATIONS ARE HEREINAFTER SUMMARIZED. FULL TEXT AND TESTIMONY ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK. Mark Sterling, 875 Comstock Avenue, Los Angeles, spoke as a horseman stating in part that he was neither in favor nor against the pro- posal; that he was suggesting a way to resolve the entire situation and submitted that the City purchase the entire race track property with funds to be raised through a bond issue and then lease the property back to a group of horsemen - similar to what has been done at the Del Mar race track, Richard Volpert, attorney for Santa Anita Consolida ted, Inc. out lined the procedure the applicants would take and indicated those who would participate therein, 1 Robert p, Strub, President of Santa Anita Consolidated, Inc., thanked Council for its fair and judicious conduct of the hearings and stated in part that he did not wish to make a detailed rebuttal at this time; that he would however review Santa Anita's commitment to the City and reiterate its determination that its activities would continue to benefit and reflect credit to the community, He noted the years the track has been located in the City, the success of which has made it possible for the residents to enjoy a library, City Hall and other capital improvements without any bonded indebted- ness; that times have changed since it first began operations in 1934. The City has grown, taxes have skyrocketed, operational costs have increased several hundred percent. At the same time the needs of 12-15-70 - 4 - " 19:7759 (a) Santa Anita have changed and its responsibility to shareholders, employees and the community make it clear that it must change with the times; that exteqsive research has convinced them that Fashion Park is the best possible change for the corporation and the community, Meetings and discussions with local organizations and individuals concerning the plans were explored; most have expressed support - some were divided which can be expected when a change is proposed; that inasmuch as the hearings are nearing a close he would like to set the record straight on some of the statements which have been made and are misleading and damaging to the reputation of the track, 1 He continued in part that at no time have they threatened this Council; that statements that they have attempted to intimidate Council are untrue; that they are not pleading poverty as the basis for the zone change application; that they have not implied they will leave the City if the requests are not granted; they have 'stated that horse racing does not require the entire acreage - that the cost of carrying this surplus property are rapidly increasing. He cited examples of increased real estate taxes and commented that they desire to develop the surplus property to relieve the existing financial load on racing; that Santa Anita is a financially successful company; that it has diversified in recent years and he enumerated some of the interests it has acquired and with reference to one specific merger - with the Robert H, Grant Company - that the statement that Fashion Park is part one in a grand real estate development is untrue - that Mr. Grant is a horseman and is personally committed to Santa Anita staying in racing;' that the Grant Company is a major homebuilding firm and will not be involved in the development under discussion. He stated further in part that the contention that the Police Chief gave testimony that Fashion Park will not materially add to police problems because he is beholden to Santa Anita is shameful and must not go unanswered." that there is no secret deal with the local police and to state otherwise slanders the police force as well as Santa Anita; that the implication that Santa Anita has not dealt in good faith is an insult to his integrity personally, He said in part that the only plan now is to maintain high quality racing operations and to build a quality shopping center which is the highest and best use of the property for the forseeable future; that the charge that racing is to be abandoned doesn't make good sense and referred to the annual report which states that revenue from racing is vitally important to Santa Anita and its shareholders and will continue to be in the future; that they are completely committed to maintaining Santa Anita as one of the great race tracks of the world, 1 He spoke in part to a statement that the needs of the residents were ignored in planning for Fashion Park; that this is probably the most unfair of all because thousands of dollars have been spent to design a center which would be one of the most attractive in the country; that they are determined to create a center to match the beauty of the City with extensive landscaping and a surrounding buffer of trees and berms, and referred to numerous conditions imposed by the Planning Commission which will assure this type of environment. In conclusion he stated further in part that the decision is now up to Council as to whether or not it should act to broaden the tax base, to provide a new source of revenue for the schools and make available enhanced shopping opportunities. Should it carry out its stated commitment to bring more business to the City or should it ignore the majority of the community and decline the opportunity which may not come again, He said he felt the hearings have been constructive and that based on the merits, with its benefits to the City, the decision should be a positive one. Mayor Butterworth referred to a statement by one of the spokesmen for the opponents .., that regardless of the decision on the part of Council 12-15-70 - 5 - (CONTINI) I '7/.7 -, ' / /' :/ (KILROE) (STEICHEN) 19:7759 (b) no rancor would be held against the City, realizing how difficult it is ,,' and asked Mr. Strub if that would be his decision also Mr. Strub answered that of course they would hold no rancor, Edguardo Contini, associated with the firm of Gruen & Associates, advised that he has been in charge of planning in connection with Fashion Park and had originally been requested to locate a site on the subject property which would accommodate a shopping center and still allow the continuation of racing; that the firm would have been remiss in its responsibility if it had not looked at the potential of the land as a whole i~ spite of the fact that Santa Anita had expressed its intention to remain in racing indefinitely; thus a number of exploratory plans were prepared, 1) the 1 selection of the optimum site - reasons for which have already been expressed - 2) to review on behalf of the client and the interests of the City problems of the site selected, He stated further in part that the schematic drawings had been discussed with the City on several occasions.. . that three of these plans are on file in the Planning Department. He referred to a plan introduced into evidence by the opposition and advised that a copy of the identical plan is one of those which had been filed in the Planning Department '" it is an illustrative plan and portrays a visual image of the general use of the land, The purpose was not to develop a master plan, but only to explore possibilities and to evaluate the optimum location for the shopping center, He concluded his remarks by stating in part that this should clarify what might otherwise be a misconception of the planning study his firm had undertaken, Frank Kilroe - Vice President of Santa Anita residing at 750 Holiday Road, Pasadena, stated in part that it has been submitted that the removal of the training track and the reduction of the stable area would make it difficult to operate a first class racing track ~ that in his opinion the proposed center would not change that,. the track would continue to be the best maintained in the country, He explored the various methods of oper- ating other major tracks and stated once more that he has no worries whatsoever about the continuation of racing with a reduced stable area and training track. C, Everett Steichen, Executive Vice President of Larry Smith & Company, Inc., explored the background of his company which has developed shopping centers for over 15 years and explained that he would speak to those parts of the opponent's testimony dealing with 1) economic feasibility of the project 2) impact on the existing facilities in the city and 3) tax benefits which would accrue to the city, He referred to a map presented in evidence at the meeting of December 1, 1970 and exhibited two in addition - one designated as an overlay tissue diagram and the other a comparative trade area map. He pointed out that there are trade areas figured at 3, 5 and 8 mile circles on the overlay map which would be used for reference points, That there was considerable discussion on the fact that Fashion Park's trade area was based upon those circles, He advised that their trade area was based on a careful 1 analysis of the topography of the area and upon the changes which would take place, primarily in terms of the transportation network, He noted the trade areas which are being served by Arcadia facilities at the present time (as determined by Real Estate Research Corporation for the applicant), and the transportation extensions to the east and west as a result of the Foothill Freeway which would bring to the city increased access from those two extremities. He continued that there are 4 trade areas - one is Fashion Park - to the east would be the Montclair trade area, to the south would be the South Coast Plaza trade area and to the southwest the Del Amo shopping center. Concerning the criticism of population figures used by the proponents, he stated in part that their figures (from County of Los Angeles Planning Department) had indicated about 775,000 persons based on the 1970 census" population as used in their analysis is a means to an end ... the end is identification of the total trade area retail potential, 12-15-70 - 6 - 19:7759 (c) He explored the method used in arr,v,ng at the differentials applied to trade areas ,. and noted that the result of adjustments would balance out so that the line numbers of the Larry Smith & Associates' report would be substantially correct in terms of representation of the total potential available from within this trade area. While certain basic data may change other key data would remain constant; that he believed the market data as submitted is a fair representation of the total opportunities. 1 He continued that their analysis was challenged on two other counts ~ 1) that the trade area could not support the additional facilities and 2) that the market shares they used were inappropriate or inaccurate, He then read from a report entitled "Department Stores' Sales Support" prepared for the City of Pasadena by Economic Research Asso~iates dated November 1970 wherein it was stated that a major department store with a full product line and an enthusiastic marketing program could capture between 6 and 8 percent of the total retail market ~ that if the proposed regional shopping center at Santa Anita were developed the expected pene- tration rates for Pasadena would decline, which indicates to him that Pasadena is cognizant that the proposed Fashion Park would affect retail sales levels in that city, He noted that the report prepared for Arcadia by Real Estate Research Corporation - January 1970 - indicated that it believed it would be possible for the subject type of center to attract between 12 and 15 percent of the total market for primary and secondary shoppers goods, On this basis the center could achieve a volume of between 38 and 48 million dollars by 1975 and would require about 700,000 sq, ft. That there is a population in the San Gabriel Valley of about 1,1 million persons; there are some 4,7 million sq, ft. of department and discount store space '., about 4.27 sq. ft. per person, He compared these figures with other areas and estimated there is still a differential of 900,000 sq. ft. of department store space between comparable areas in terms of population, 1 A comparison was made on his overlap diagram within the 3~5-8 mile radius and he noted that an air conditioned shopping center does not exist within the total area and submitted population and sq, ft. space figures as evidence of the ability of the trade areas to support additional department stores, Concerning the $60 per sq, ft, figure, he referred to a publi~ cation which had previously been submitted in evidence (FOR) and reflects financial and operating results of department and specialty stores for 1968 - the data being supplied on a voluntary basis; that the figures were typical of the smaller organizations - major stores do not report in it - individual operating units are not broken down and generally it is not totally illustrative of the volumes department stores should expect to achieve and referred specifically to Page 73 of the publication; that the figures were typical figures - that there are also middle range and goal figures - that the report has certain deficiencies and submitted average rates for shopping centers, i, e" $68 per sq. ft. He noted sales volume per sq, ft. for various regional shopping centers which had been brought into discussion and submitted in evidence two documents - "Department Store Sales Support in the Pasadena Central Business District" and the "Weberstown Regional Shopping Center" in Stockton, the latter was reported in receivership, nevertheless the sales volume was $60 per sq. ft, Concerning the effect the center would have on local stores he said that it would take several years to build the new center, another 3 or 4 years for it to reach its peak performance, By 1980 there would be 285 million dollars in department store sales potential in the trade area.., that 30 million dollars of this figure would be needed to support the department stores at $60 per sq, ft, This would mean a 10,6 market share, far less than 15 percent market share which they u~ed and is below the 12 to 15 percent market share Real Estate Research Corporation felt the center could achieve; that the growth in the total trade area potential would grow by 63 million dollars between 1970 and .1980 ~ thus taking away the 30 million dollars the center would do leaves 33 million dollars to support 12~15-70 - 7 - (VOLPERT) in SUMMARY) ,{/ / r,/ ~~. ' <Y ,,' J/ 19:7759 (d) additional facilities beyond that which would be constructed at Fashion Park, He noted some changes made in their data, i,e" 187,000 sq, ft, for Hinshaw's whereas it is 141,000 sq, ft,; that there would be between 27 and 33 million dollars instead of 18 and 25 million dollars as reported which indicates that there is more business escaping from this trade area than was calculated which provides greater opportunities, With reference to the statement that Hinshaw's volume would decline by 25 percent, he could not speak for that store but by looking at the total market for the first full year of operations (1975) it would be about 12.3 percent and he calculated if the other facilities do nothing that by 1980 they will achieve their old volume back,.. by better promotion and merchandising 1 and changing the physical facilities to conform to new competitive situations volumes should be regained sooner....; that in an expanding market established retail facilities have benefited from the construction of a new center where it is located in close proximity to the existing stores such as Hinshaw's which is only half a mile away, which would not be the case if it were about 4 miles away and cited some examples, He felt the main thrust will be suburban shopping areas, Tax benefits to the community ~ He stated that the Cost Benefit Analysis (table 6 page 4) indicated that using the current assessment rates taxes of $408,000 would be paid, inventory taxes of $115,000, sales taxes of $500,000 and miscellaneous taxes $15,000., that the tax structur~ has changed since this was calculated but he felt the figures would hold,., this is a total of $1,038,000 in taxes which the new facility could generate ,.. it was estimated that relared municipal expenses would be around $50,000 ~ leaving a net of $988,000, Referring to the question as to why not build ~mes on the subject 70 acres, he stated in part that using the same standards as in the Cost Benefit Analysis of 4 dwelling units per acre and 4.1 persons per dwelling unit, it was found that with the population which could be placed on the 70 acres, $678,000 would be generated each year in shoppers sales' potential; that if all this remained in the ci~ it would amount to 2.3 percent in sales for local merchants which he felt was hardly a monu- mental increase, ,and he commented on the possibility of placing the entire 400 acres in residential. He referred to Table 2 Page 7 of the aforementioned analysis wherein it was indicated that each acre constructed with residential would have a net cost to the city of approximately $1000; extending this to the total acreage there would be a net loss to the city of $400,000 plus the loss of taxes currently being collected by the city from Santa Anita, Mr, Volpert concluded the presentations by reviewing some points raised during the proceedings, He felt it had been demonstrated that the strong demand for a regional shopping center in the city plus its proximity to the existing West Arcadia stores plus access to the shopping center which would be along two common routes ~ Baldwin Avenue and Huntington Drive - 1 would have the effect of creating a greater demand for businesses in the area... it would upgrade existing areas and attract other types of stores which would want to be in the same traffic corridor but could not p~y the rentals within the center itself, and noted that when May Company came into the city the West Arcadia Hub and the Sears-Hastings center continued to grow, He noted that the Real Estate Research Company submitted a report which concluded "Downtown Arcadia would not be affected to any measurable extent by a new regional cneter." He referred to the traffic engineer's statement at the first hearing tha~ traffic problems would arise from the opening of Foothill Freeway but would not be generated primarily because of the shopping center. He noted the City Engineer's report dated July 24 wherein six methods were submitted to control traffic on Hugo Reid Drive; that the applicant has 12-15-70 - 8 ~ .' '~, ! 19 :7759 (e) stated in writing that he is prepared to accept and pay for whatever alternative is chosen by the city; that he does not want to burden the area and will cooperate fully to prevent such an occurrence - even though much of the problem will arise whether or not the center is built, He called attention to the report of the City Finance Officer indicating tax advantages with the result that $608,000 could be forthcoming to the City, He agreed with the figures which the city had arrived at inde- pendently, 1 With relation to the question as to whether or not the rezoning of a portion of the property for a shopping center would set a precedent for a change of zone to commercial uses throughout the city, he stated in part that it is obvious that it could not ~ that the 400 acres is unique. The fact that 70 acres of it could be devoted to a shopping center with a large buffer area affording a tremendous separation from other zones and other uses by the widths of Huntington Drive and Baldwin Avenue, presents no problem of a precedent to any other property in the city of which he is aware. There is a logical boundary line with commercial on the west side of Baldwin Avenue, not immediately adjacent to any other property - it does not touch any R-l property - that the zoning requested is consistent with any future use to which the property might be put - whether single family residences, continuing in racing or something in between. As to why the center was not proposed for the easterly portion of the property, if one takes the configuration required for a center of this size it would land practically in the middle of the grandstand which would by itself destroy racing facilities; that the purpose of the years of work which have gone into the study was to find a use that would be compatible with racing - that while the opposition alleges on one hand that there is an intention to abandon racing they suggest at the same time a way the center could be constructed which'would destroy racing, Concerning the request for a conditional use permit to allow two tire, battery and accessory stores, and the question as to whether or not they are consistent with a high quality center, he stated in part that they are included in every major center and cited examples, where, the high quality line tenant was Robinson's and Bullock's and noted that both Hinshaw's and the May Company have, such services. That because of requirements by the City Planning Department the accessory stores have been designed so they would be completely screened and enclosed,- along with a change in the primary location; that the conditions could assure Council of the type of center proposed, 1 Concerning whether or not the center would increase the crime rate within the city~ this has not been the experience in other centers and agreed with the report of the local police chief dated July 23, 1970 in which he stated that based on investigations of other centers he found that the number of crim~s in residential areas did not increase; that he also did not think additional police personnel would be necessary. Mr. Volpert then discussed the two 12 story office buildings which he said are a compatible, consistent and complimentary land use to a shopping center - tnat a high quality center would attract desirable tenants - it will offer employment - and for example offers a way to financially support facilities such as restaurants and men's wear and the like for the noon hour business, He did not believe the office buildings would be inconsistent with any planned for the downtown area since the type of tenant they would seek would not consider going into a downtown area ~ that its rental goal would be higher because of the cost of design and landscaping, He 'continued', that the affect on the environment is 'diff'icu1't to predict 12-15-70 - 9 ~ 19:7759 (f) that the site is unique, being located in the center of the city; that the retention of racing is a tremendous plus for the city. The acreage, being cared for at private expense, and with the Arboretum to the west protects the environment, That if, for example, the property were paved and developed into R~l it would be far less pleasing aesthetically and would have a more detrimental affect on the environment than by using 70 acres of the total acreage for a shopping center as proposed, re- taining the balance in racing for the foreseeable future. He noted the expense to which the applicant has gone to prepare landscaping plans and for the construction of a berm on the westerly side of Baldwin Avenue; that the finest architects have been retained. He then referred to petitions which have been filed with the City in 1 favor of the project; that the local Chamber of Commerce and the Board of Realtors have also endorsed it and that the City Planning Commission, by imposing substantial conditions including the requirement of the D overlay, has provided Council with the tools to make certain the center would be developed as proposed, He felt that arguments submitted with reference to the value of race track stock are probably irrelevent - that anyone who invested $5000 in 1934 would have done as well economically as those with stock in the race track; that he did not think the figures stated for a tax benefit which could be derived from development into single family homes were correct,' Regarding the expressed concern that there may not be enough business to go around, he felt it has already been shown that a more than adequate demand already exists for expanded regional facilities,.. that incomes do rise, population grows and tastes change in shopping as incomes rise. As to the financial posture of the trac~Mr. Strub has said they are not pleading poverty ~ that a land use zoning decision has been applied for, which they feel is a proper use ~ that Mr. Steck's history of the zoning is accurate but he felt no one would seriously argue that a decision made in 1934 should be binding in 1970 - that the suggestion to put apartments on R-l property is totally inappropriate,.. that the subject property is a very costly parcel to carry - that they haven't threatened anything - that they have said the economics of it dictate to them to find some way to stay in racing and find a more productive use of a portion of the land, That as a matter of law the argument that zoning is permanent is incorrect - that Council is not bound by its own determination and certainly a future Council is not bound - that this is a risk every private property owner takes - that a Council does and can change zoning laws, He said he has not been able to find the reference in the City Zoning Ordinance that the basis for commercial zoning has to be to serve local residents - and questioned whether Mr. Steck would place a restriction today on a May Company or a Hinshaw's that they could only serve residents and not cater to outside patrons. As to future plans he stated in part that the R-l zoning on the balance 1 of the property cannot be changed without making an application therefor; that most of it is under a Special Use Zoning and that legaily the ultimate control is in the hands of Council, He said the application is not to be constructed as a toe in the door to go from 70 to the 400 acres and asked that it be made clear that they do not consider this as a precedent to turn the balance of the land into commercial,.. that the main issue is still land use which is clearly not R-l for which it was zoned in the 1930's, In conclusion he referred to the viewpoint of the consultant who 'is preparing a General Plan' for the City, '''that the site is logical for, a shopping center and that such a re'comniendation would be 'forthco'ming in the General Plan," He'said all, controls imposed bytn'e Planning 12-15-70 - 10 - (WALLIN) f- l;it I 1 (REIBOLD ) ( CUNNINGHAM) 1 .-... 19:7759 (g) Commission have been accepted and would be complied with both legally and morally, In closing he noted that the City Planning Commission, after seven hearings, unanimously approved the application, That now Council has an opportunity to permit and control a high quality devel- opment on which can only be described as an ideal site offering benefits which will provide a means of preserving, and" enhan'cing 'the qu'ality and stature of the city. James Wallin, 1747 Oakwood Avenue, Chairman of the Taxpayers for Fashion Park, referred to a statement by the opponents that th~ city and its citizens would not materially benefit from the sales tax and increased property assessed valuations which would be forthcoming from the proposed development. He said Fashion Park would attract retail customers, employees and suggested a review of the financial position of an ad- joining city which is primarily residential and limited in retail business to such an extent that its tax is on the way up. He felt an opportunity is being presented to secure a high class commercial project with financing provided.,.. that it was something the public officials have been endeavoring to do for years .. attract new business to the City. He then referred to a statement that Santa Anita was misrepre- senting its financial position when it stated they intended to remain in racing as long as it is economically feasible to do so and said that any businessman knows the variables which can occur in business from year to year, He commented further in part that the land could have been developed in such a way that there would be need for increased police protection, more zoning l;ontrol, additional schools amid other problems, and in conclusion stated that he did not envy Council in its problem of weighing what is best for the city and its residents. Conrad T. Reibold, 272 W, Longden Avenue, member of the Taxpayers for Fashion Park, offered in rebuttal to the opponents who felt the tax benefits from the proposed project would be of littl~ value ~ - that the 1960 City budget reflected the cost of providing city services including water was $80.34 per capita; that in 1968 the figure was $119,87 increasing to $135.53 in 1970; that last year part of the Metropolitan Water District charge was transferred from Water Department expenses to a property tax levy without any offsetting reduction in water rates - the net effect was to increase the property tax 15.5 cents and along with the new utility tax revenue produced for this year's needs, an equivalent of 22~ on the property tax rate -~- partially offset by a reduction of 5~ in the city property tax levy, He submitted that there is need for new sources of revenue which would benefit all resi- dents by minimizing the tax burden and rejected the concept that a reduction of perhaps $65 would not mean anything; that such a concept was incompatible with the wishes and desires of the residents. He concluded his remarks with a personal observation on the position of Council in the matter. J, Lyle Cunningham, 475 Oxford Drive, member of Taxpayers for Fashion Park, explained in part six points on which in his opinion the decision on Fashion Park could realistically and logically be made. 1) Suffi- cient guarantees have been provided by the applicant to assure the center would be of the highest possible achievable quality and referred to the design of the total project which would conform to the resi- dential quality of the city, 2) Despite unsupported predictions that the center would not be financially successful, the fact remains that the applicant is willing to invest millions of dollars for its devel- opment and is doing so based on a thorough study by highly reputable research firms, 3) That much has been submitted about harmful effects on existing retail businesses.... that those who have expressed that fear know it is not within Council's authority to establish and impose restrictions on the system of free enterprise, 4) There is an indisput- able fact that all will significantly benefit from the additional revenue and that based on the alarming trend in increasing property tax 12~15-70 - 11 - (NEXT ORDER OF BUSINESS) EXTRA POLICING (race track) ('- // dl -- r.' , ,<-~~ , ADJOURNMENT 19:7759 (h) the City will need every dollar that can be produced from new sources to provide city services and at the same time lessen the tax burden. 5) Whether or not Fashion Park becomes a reality changes in the environment will come about .. the city can no longer isolate itself from the effects of an expanding population in Southern California but they can be minimized, as recommended by the Planning Commission and the city staff, by the development of the center. 6) He felt that an overwhelming majority of residents want Fashion 'Park and any inference that any of the persons who signed the petition favoring the project did so without having adequate information cannot be substantiated; that the project had been fully explained by a brochure mailed to all registered voters within the city and at public meetings to which all were invited. In conclusion he asked that consideration .be given to the above along with other points which have been submitted. 1 Mayor Butterworth explained that at the next regular meeting Council would examine witnesses and ask questions and advised those who would like to speak again to the matter to put their remar~s into communi- cations which would be read by Council before any vote is taken on the subject matter. , It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the sum of $102,000 be appropriated from Unappropriated Surplus in Account No. 290 in the General Fund and transferred to Account No, 421-4 to cover costs of extra police to handle traffic during the 1970-71 thoroughbred racing / season. ... " AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None At 10:40 P.M. Mayor Butterworth adjourned the meeting sine die. The next regular meeting will be held Ja?uary,5, 1971 at the Foothill Jewish Temple Center at 7:30 P.M. jl;t--!:~ Mayor ~W:t:-~ ~ ~ City Clerk 1 12-15-70 - 12 - 1 FOR STUDY SESSION DEC. 16, 1970 SEE TRANSCRIPT I