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HomeMy WebLinkAboutJANUARY 5,1971 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INvOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING (Davidson) ,{J",.- j'-JU / I HEARING (Zone Change) 19 :7760 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 5, 1971 The City Council of the City of Arcadia, California, met in regular session in the Foothill Jewish Temple Center, on Tuesday"January 5, 1971, at 1':'30 'P.M. Rev. Margaret Stevens" Santa Anita Church Mayor Edward L. Butterworth PRESENT: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None On MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously the minutes of the regular meeting of Dec~mber 15, 1970 were APPROVED, The Planning Commission by Resolution No, 717 granted a conditional use permit for the continuation of a riding academy and residence at 11721 East Clark Street (Chicago Park area). Regulations were set forth therein which did not specify any time limit on the permit. The Planning Director explored the conditions and stated in part that staff felt that inasmuch as the area is subject to possible urban renewal action there was concern for the need of a time limit so no complicating factors would be introduced in these proceedings should they come to pass - although no serious obstacles should occur. It also appears that limiting the permitted uses to a period of 5 years should be acceptable to the applicant and this would not disturb the intent of the Commission in its granting of a permit, Discussion ensued on what might occur if the City should desire to embark on such a program say, within a 24 month period and the riding academy and the residence were to preclude the project unless con- demnation proceedings were instituted which Council would prefer not to do, Mayor Butterworth declared the hearing open and Keith Davidson, owner of about 11 acres in the Chicago Park Area including the improvements stated in part that a time limit is of the essence inasmuch as he would like to negotiate a new long term lease with his lessee, He referred to his endeavors to clear the title to the property and in answer to quest- ions concerning whether or not he would be willing to sell his property to the City should urban renewal proceedings be instituted he felt he should consult his attorney, Whereupon it was agreed that Mr. Davidson's attorney would confer with the City Attorney and the matter was CONTINUED until the regular meeting of February 2, 1971, The Planning Commission recommended reclassification of a portion of the property at 235 East Foothill Boulevard from Zone PR-l (Automobile park- , ing zone, second one-family zone) to Zone C-2, (General Commercial zone.) )C'v~1 According to the Planning Director the zone change is necessary ,to permit , \ a proposed restaurant to be placed in approximate alignment with other I commercial developments on adjacent property,which alignment would provide a better development as compared to that under the existing zoning. ' p: - 1 - 1-5-71 ORDINANCE NO. 1423 INTRODUCED SURPLUS MILITARY AIRCRAFT ........- UNDERGROUND UTILITIES- MICHILLINDA AVENUE RESOLUTION NO. 4175 ADOPTED ~I.. I j .z,.~~. . t./ STREET IMPROVEMENT (FIRST AVE.) /r.(! tJ € ,'. ;t' 19:9761 He also noted that the Commission granted a conditional use permit for the restaurant which cannot become operative until a zone change has been obtained. Mayor Butterworth declared the hearing open and Delmer Beckhart, architect for the New Dimensions Food Service (the applicant) advised that the proposed facility will be a sit-down type of restaurant, family oriented, no self-service, and that all conditions set forth in the resolutions will be complied with. No one else desiring to be heard the :hearihg, was CLOSED on MOTION by Councilman Considine, seconded by Councilman Arth and carried unanimously, Councilman Considine then MOVED to APPROVE the reclassification of the subject property and to ratify the action of the Commission in its granting the conditional use permit. Motion seconded by 'Councilman Hage and carried on roll call vote as follows: I AYES: NOES: : ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Whereupon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1423 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE TO REZONE CERTAIN PROPERTY AT 235 EAST FOOTHILL BOULEVARD FROM PR-l to C-2," It was MOVED by Councilman Heln.s, seconded ::'y Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1423 be WAIVED and that same be 'INTRODUCED: AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth' None None Council received a copy of a resolution adopted by the City of Hawthorne requesting the League of California Cities, member cities, State and National Legislators, to approve a program of utilizing surplus military aircraft in fighting forest fires. Council con- curred therein and it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the City Attorney prepare a S~milar resolution for Council consideration. For the purpose of scheduling a public hearing on the proposed und~rgrounding of facilities for supplying electricity, communications, etc., in th~ portion of Michillinda Avenue within the City and a portion of Sunset Boulevard, the following resolution was adopted. The City Attorney presented, explained the content and read the title of Resolution No, 4175, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALLING A PUBLIC HEARING PURSUANT TO MUNICIPAL CODE SECTION 8831," I It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the full reading of Resolution No. 4175 be WAIVED and that same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On recommendation of the City Manager and the Director of Public Works, Freeman E, Campbell was retained to perform preliminary work and to provide a basic design necessary for the final plans for modification of the existing structure required to clear the right- of-way for the F'ic'st , Avenue Improvement project - at a fee of $147.00 on MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows: (GAS TAX FUNDS) 1-5-71 - 2 - ADVERTISE FOR BIDS (FIRE PUMPER) ~ I URBAN PROBLEMS II' I/{;~'U~ YtJ(!,. I , . ," I ~ \ '. "f. 19: 7762 AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On MOTION by Councilman Hage, seconded by Councilman Considine and carried on roll call vote ,as follows the Finance Director was AUTHORIZED to call for bids based on the specifications and documents submitted by the Fire Chief to be returned February 24, 1971. Funds are in the 1970-71'Capital Improvement Budget Program. AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None Council received a communication from the Los Angeles County Division of the League of California Cities concerning issues and problems of regional affairs which are before its Board of Directors as a result of the report of the Urban Problems Committee entit led "Changing Roles for Cities". A seminar has been scheduled for January 7, 1971 just prior to the meeting to be held that same evening. Councilman Considine, the City's representative, expressed concern with the approach co~tained in the report and inasmuch as he will be voting for the City at said meeting he desired Council's iustructions. He continued in part that he felt the proposal would create an umbrella type of government which would have tax rights, rights of eminent domain, assessment rights ",. and assuming that the report were adopted by the State and the Southern California Association of Government (SCAG) did become that umbrella government it could expand to where Councilmen would be nothing more than go-betweens, .., between the citizens and this regional government .... it could embrace 70% of all city functions. He recognized that regional problems are great but he would rather see the cities solve them on a cooperative basis than have them passed on to the type of government proposed, thereby increasing the tax obligation to the citizenry. Councilman Arth stated in part that he had mixed emotions .... that it is unfortunate if the City were going to oppose the 'proposal it did not do so at the General meeting held in San Diego in Octobern- He also objected to the taxing powers dealing with property tax, sales tax, etc., and felt the City should submit what tax would be the most equitable and the best means of raising money to operate the organization that he was inclined to agree with Councilman Considine. Councilman Hage agreed to some extent, however, he felt the State League was not too sympathetic to the goals or the role of local government; that there are problems which have not now been solved on a cooperative basis - such as air pollution, solid waste, transp~rtati9n etc... and felt that these can only be solved on a regional basis; that if something is not done by the cities State will appoint a board or have it elected on a regional basis.", that this board would not be responsive to the local citizenry anymore than is the Los Angeles County Board of Supervisors --- only because they are so far removed from the people,. That the League has now come up with the idea of locally elected officials on this Board who would direct the activities and this to him would be the strength and safety because local elected officials would be as concerned as the City Council as far as maintaining the autonomy of the cities and the 'good work which is done on a local basis ., he would vote for the report as it stands. Councilman Helms stated in part that the problems must be solved and need direct action; that there is much being done to overcome the problems but apparently the tools are not adequate, i.e., the problem 1-5-71 - 3 - TASC DISSOLUTION jd'IOCfJ:"'" 19: 7763 of air pollution alone is not limited to one city or one county. He has reviewed the report and feels that something along that line is essential to get at the heart of the problem, He expressed concern at the potentialities of the type 'of government proposed but felt it offers a chance ,at solution to problems which are ever increasing.. that if this type of action is not taken there is a possibility the State will develop agencies over which Council would not have 'any right of control" it appears to him the proposal offers a chance to get in on the planning under a political organization which would be a useful tool to solve the problems...it appears to have the least danger and the most to be gained.,.he would vote in favor. Councilman Considine submitted that it\was'not completely clear at the October meeting and many cities have had second thoughts and the workshop has been scheduled for further consideration. He felt the proposal is only new in its approach - that it had been considered at a Mayor's conference some 'years past; that because the proposed organization would cover some 5 counties he could not see how all of the difficulties could be dealt with through elected officials from so many counties. He acknowledged there are regional problems, but felt they could be handled by the appointment of special groups or committees such as the Sanitation Districts and the Metropolitan Water District .,. for instance when a problem is solved the particular' Board would be terminated rather than have an umbrella type 'of government which would not only control freeways, zoning"planning, housing, open space and even education; that it could become a City- State government rather than solving specific problems.... I Mayor Butterworth favored a modified proposal. He felt there is need for some regional approach in for instance the transportation problem which is clearly a regional problem along with water control, sewage, etc. He agreed that the taxing power is one he is not willing to concede; nor extend to a regional government the right to zone land in the city, to determine its use, to determine open housing. He suggested the approval of the regional approach in the areas of sewage, airports, transportation, water and air control but to take the 'position that the City is not prepared to dispense with taxing powers to the new agency nor is it prepared to surrender control over land use, housing and open space within the local jurisdiction. He was inclined to believe that most of the delegates to the League meeting would go along with such an approach - that if not he would be in favor of voting against any motion to approve, Councilman Arth then MOVED to instruct Councilman Considine thusly: that if zoning, housing, open space, schools, taxing powers are not excluded he should vote "no" - if he can achieve an exclusion of those areas he is to vote "yesll. Motion seconded by Councilman Helms and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilman Arth, Hage, Helms, Butterworth Councilman Considine None I The City Manager explained the proposal to dissolve the independent Transportation Association of Southern California (TASC) to a committee of the Southern California Association of Governments (SCAG). Councilman Considine suggested delaying any action until it is determined whether or not SCAG will become an umbrella government and stated in part that he would rather see TASC remain a separate entity than to push it into SCAG. Councilman Hage, having served on the TASC Board, stated in part he was very confused as to just what the organization was supposed to be doing; that it seems it is an additional arm of the State Division 1-5-71 - 4 - RESOLUTION NO.4171 ADOPTED I ;: /6!:?-~ CHICAGO PARK (soils study) j 107-1-1/ LEGISLATION (MEETING) -?f ..J tf , 19:776<'+ of Highways. ..that the dissolution to him would be a step in the right direction and MOVED to endorse. the merger and adopt a reso- lution consenting thereto. Motion seconded by Councilman Arth and ca~ried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Hage, Helms, Butterworth Councilman Considine None The City Attorney presented, explained the content and read the title of Resolution No. 4171, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONSENLING TO THE DISSOLUTION OF THE TRANSPOR- TATION ASSOCIATION OF SOUTHERll CALIFORNIA." It was MOVED by Councilman Arth, seconded by Councilman Hage .and carried on roll call vote as follows that the reading of the full body of Resolution No. 4171 be WAIVED and that same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Hage, Helms, Butterworth Councilman Considine None The City Manager submitted a soils study report relating to the northwesterly corner of Chicago Park along with 3 bids received for the engineering work. He recommended the award of contract and in answer to questions as to why the low bid was not recommended he explained in part that the firm so recommended seems to have a particularly intimate knowledge of the area in question and that staff has greater confidence that its estimates will not be found to be too low. It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the proposal of Pacific Soils Engineering, Inc., in the maximum amount of $4,160 be ACCEPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine Hage, Helms, Butterworth None None On MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows, Mayor Butterworth or Mayor Pro Tempore Helms along with the City Manager were authorized to attend a meeting in Sacramento on January 20 for the purpose of discussing financim problems with Legislators. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None I ECOLOGY The Altrusa Club of Arcadia was granted permission to hold a meeting MEETING in the Council Chamber of the City Hall on January 21 to discuss the ~~' ~ :.J;,'I formation of a local ecology group. Mayor Butterworth advised the -.l~'" ,/,,::,j ...,-) . .. -r;/ '. "Chairman that it has the full support of Council on the matter of environment and mentioned that the Arcadia Beautiful Commission handles a large part of the problems; that Council would not want to create another Commission or Board - but that what is proposed is indeed a step in the right direction, RESOLUTION NO. 4174 CONTINUED The City Attorney presented, explained the content and read the title of Resolution No. 4174, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING THE SCALE OF PREVAILING RATE OF PER 1-5-71 - 5 - FASHION .PARK (continued) /' //:11 (CONTINI) 19: 7765 DIEM WAGES AND RESCINDING RESOLUTION NO. 4108 AND ALL OTHER RESOLUTIONS IN CONFLICT THEREWITH. Considerable discussion held on whether or not the City must accept the terms of the Southern California Master Labor Agreement for the construction industry and whether or not every contractor engaged by the City must pay those wages indicated for basic trades and sub- trades. MATTER CONTINUED UNTIL JANUARY 19, 1971. Application of Santa Anita Consolidated, 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 "H" zone ordinance to permit two 12 story office buildings and a conditional use permit for automobile accessory service centers. I NOTE: PRESENTATIONS ARE HEREINAFTER SUMMARIZED. FULL TEXT AND TESTIMONY ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK. Mayor Butterworth explained that questions would now be asked of witnesses who had testified during the previous proceedings. Answers are set forth in part as follows: Edguardo Contini, Gruen & Associates, stated in part that there was room for a new fire station if it became necessary to remove the old on Baldwin Avenue... that the plan called for a road around thp. project within the project with contact with streets at intervals... that on the basis of 800,000 sq. ft., 4 to 5 thousand cars could park daily and 10 to 12 thousand on peak days which would occur only about twice a year. That the freeway will have a profound affect on the entire traffic pattern whether Fashion Park is constructed or not... the center will have only a minor affect as compared to that which will be caused by the shifting of the prevailing movement which is now east/west to a north/south movement...the freeway will absorb the major portion of the east/west movements so that a change of pattern will occur in any event. He felt the patrons would seek the shortest route which would be Baldwin Avenue and the freeway. He continued that there will be a tendency to some degree to lessen the shopping center peak loads during the races...that customers become accustomed to the hours when it is best to shop and referred to a report prepared to indicate when maximum volumes would occur taking into account normal shopping days and those when the races were on and it was found that the combined peak loads would be less than they are today without the freeway. That there is no indication of a drop in attendance at the track because of the center. As to additional signals at Huntington Drive and Baldwin Avenue, he had not made a study, because that is a technical matter for the engineers to work out. He noted that he was .assigned initially to determine whether or not a shopping center was feasible on the track property and where it should be located to achieve those objectives. I 'He stated further in part that there is no question in his mind but that the San Gabriel Valley is underdeveloped in terms of retail facilities as compared to other areas; that he has not conducted the economic aspects but there is no reason to doubt the figures which have been submitted by the two independent reputable firms. As a planner he would always favor a concentrated and well planned project. As to single family dwellings for the total property should racing cease...he said that from general trends in. a mature community it would appear that residential would not be a logical development except if directed by the Council. As to the high rise office buildings he said in part that shopping centers are becoming more than just places to shop...becoming more of a focal point for a 1-5-71 - 6 - ,.', 19:7765 (a) greater range of activities and opportunities for urban experience which can be accomplished by not limiting development to retail... How essential they are could best be answered by the economist; that if the center is to become a reality it might as well be the best with the most advanced type of development and the office buildings would be an asset. I He continued that there would be 3 major department storew~ that it would be contrary to the concept of the center to have stores outside of the mall. The highways should function as they are meant to - carrying traffic. As to reasons for placing the center where proposed he said that to do otherwise would have a great disparity of value to the location of the department stores -- by placing the center diagonally it equalizes the locations and to do otherwise would have inte~fered with the operation and parking for the race track.. it would have preempted a greater part of the Huntington Drive frontage, and altered the traffic system for the parking lot which is ve~y'- elaborate. That any further expansion of the property would r~quire the removal of the race track operation. (STEICHEN) C. Everett Steichen, Larry Smith & Associates, Inc. As to whether or not the center would have a greater affect on businesses in surrounding communities than it would have on businesses on Baldwin Avenue, he stated in part that a facility of this nature would tend to have a greater imp~~t on facilitie:~ farther removed from an existing trade area; the project would orientate neW traffic to the location and it is evident that this traffic would have to be diverted from some other location. It was his contention that a new facility of the proposed magnitude and impact would draw traffic. He referred to the older business section in Pomona which was already deteriorating before the center in Montclair came into being. RECESS * RECONVENE 9:40 p.m. 9:45 p.m. INTRODUCTION Mayor Butterworth introduced Mayor Murray Linton, Mayor of Rota Rua, New Zealand, who expressed a profound interest in the proceedings. (STEICHEN) Concerning the projections for a decline in business locally, he stated in part that all of the data used was limited to the shoppers goods types of stores and excluded convenience stores such as super markets; that the 12.3 percent figure was limited to stores such as Hinshaw's and Nash's on Baldwin Avenue. Concerning tire, battery and accessory stores, he said they were a part of the merchandise which is typically associated with department stores;: that the TBA!s on Baldwin Avenue would not suffer a greater reduction; that department stores want such TBA units within a certain proximity of their stores in order to encourage this type of shopping. The new units would not be competitive with those already established in the city now catering to local traffic. I Regarding the possibility of a regional shopping center in Pasadena he said he had not made any projections, the matter having just come to his attention...that he had not analyzed the impact. He felt it far more likely that Fashion Park would have an affect on the ability to put the Pasadena facility together. ..that it would be difficult to estimate what reduction if any on the income for Fashion Park if it should come to pass without detailed information on the exact tenanting...if the major stores were all different it would be unlikely 1-5-71 - 7 - (STRUB) ~ I~)I 19:7765 (b) that there would be any impact - if all the same it would be signif- icant. He stated in part he did not think any change would take place in the income from racing because of Fashion Park - however that was outside his assignment. Will the population, which has decreased to some extent, sustain the proposed shopping center as well as the existing businesses? He stated in part the forecasts indicate a moderate growth rate in the trade area; that the population growth along with the anticipated income growth would seem to justify the' center --- that they would provide more than ample retail sales potential to support the busi- nesses. He felt there is considerable amount of retail trade escaping from the area now, attributed largely to the fact that the I facilities which are now serving the immediate Arcadia area are not adequate to the needs of the population and the new center would try to fill the gap and recapture the leakage. High rise office buildings. He stated in part that generally the buildings will not add materially to the total retail sales of the center - that the approximately 500 employees within the office buildings represent about $300,000 in total sales potential and is not significant but the use adds support...the location has strong identity and would be important to the office occupants..that the use is far more viable than any other use; that it is important from his point of view to add as many uses of such nature as possible in order to strengthen the 10c3tion, but he could not speak as an economist on the matter. Robert P. Strub, President of Santa Anita Consolidated, Inc., in answer to questions stated in part that it would be difficult for him to say if Fashion Park would be constructed within a given time; that he cannot talk seriously with prospective tenants for the center until he had received the approptiat~ zoning; that typically the project has to go step by step .. first the zoning. Whether it would be possible to secure tenants all at one time he could not say; that with about 80 percent of the space leased they could probably go ahead and build on the speculation that the rest would come along. He said in part they intend to'seek out three major department stores and about 70 satellite stores. That he will be guided by his advi- sors in the project. Concerning race track patrons parking on the streets Mr. in part that historically this has been done for years. sufficient parking in the track but for reasons of their patrons park on the streets. Strub stated There is own some Future use of the track property. He felt he has been outspoken in this regard; that it is the intention to remain in racing as long as it is economically feasible; that he believes the State is going to see that it is. There are 16 million dollars in pari mutuel tax I alone from Santa Anita to the State. However, he could not stay in business as a racing association and lose money. He referred to the 35 years he has been in racing. He stated further that of course racing could be voted out; that up until about a year and a half ago Fashion Park was not thought of. He felt it would be a tremendous step forward for the City or they would not have proposed it. They will benefit but so will the City and felt that those opposing the project are in the minority. Concerning any commitment as to the future development of the balance of the property should some unforeseen circumstance arise, he questioned whether the City would want the land to remain vacant - fallow; that a plan would be highly impractical and unnecessary... that if reference is being made to 10 years from now it would be 1-5-71 - 8 - 19:7765 (c) I difficult to say what would be proper at that time; any plans made now would all have to be changed at that time and they could not do anything anyway until Council grants permission for some other use of the property. He felt any commitment would be unrealistic and did not know what he could enter into...if there were some imminent second use for the property he would agree but there is no such plan; that the property is now being utilized for a use for which it is zoned and it is the intention to continue that uWe indefinitely. He stated in part .that he would object rather strenuously and would seek advice of counsel to any rezoning of his property to any use other than that for which it is presently zoned; that he would be seriously concerned about his property being rezoned; that this is not a threat but such action would hasten them out of racing. He noted the tax rate is for R-l property and is quite different from the tax rate of other zoning...taxes might double and he would have to go out of business. In conclusion he stated in part that should circumstances change - were he to disappear from the scene so to speak - or the corporation should change, it would then be appropriate to look at it, but at the present time the situation does not relate md he would argue its necessity and would be very concerned about any planning or rezoning for his property. He would prefer not to go into detail at a public meeting but it would threaten their very ability to stay in racing if such a thing should occur. (VOLPERT) Richard Volpert, attorney far the applicant, replying to questions concerning the possibility of a discount store locating within the center should management change, stated in part that the City would be protected from such a ~ituation by tfte control of zoning - that some cities have adopted an ordinance in an endeavor to distinguish between department and discount stores. He referred to control by conditional use permlt and the D Overlay requirement for the control of design and other standards that go into the project. He noted they cannot build until they have two department stores leased and this would trigger construction. .it would be started with the air conditioned mall and two major department stores which is about as permanent a commitment as anyone could make; that Santa Anita has made a statement and has committed itself publicly that it will not have any discount stores, which stores cannot pay the per sq. ft. rental which is necessary to justify an air conditioned mall with its accouterments. I He continued that he presumed the City has the power to initiate zoning back to R-l if it sees that management changes or it loses confidence in the present management. He knew of no law wherein Santa Anita would have a vested right to C-2 zoning...They cannot talk to tenants 'untr~ the zoning is obtained. He referred to stores which have a high degree of drawing powers and concluded by stating that all shopping centers are not successful, but high quality merchan&$e.rs go into air conditioned mall type facilities, however, no leases can be entered into until zoning is assured. (STECK) Replying to questions, Emil Steck, 831 San Simeon Road, referred to a statement he made at a previous meeting - that Council is being asked to commit the City while Santa Anita has made no commitment in return. He commented relative to the power of a City to amend its zoning ordinances to affect a project which had already commenced construction under a building permit and read from a case in point. He continued that from Santa Anita's testimony it had not committed itself to anything - not to continuing ownership - managing or operating the property or to maintaining any particular class of rentals -- all Council has are estimates and statements of intention. He said in part that there are already too many shopping centers, some of which are deteriorating and submitted that this type of 1-5-71 - q - 19: 7765 (d) application with no commitment is the worst type of zoning and asked Council not to turn its back on 45 years of residential zoning and zone by piecemeal the 400 acre parcel with no master plan. As to just what Santa Anita could commit - that Council should not approve the application until Santa Anita makes some commitment as to what it has in mind for the future development of the other 300 acres - a commitment as to the continuation of racing and what it has in mind for a master plan.... A person cannot be compelled to retain ownership and he cannot be compelled to keep any particular level of tenants in this proposed shopping center.... that it is because Santa Anita has made no commitments that Council should seek a commitment to the total use of the property; it could be I sold and Council would be confronted with an entirely different group of people; that Council cannot make them refrain from selling but it can refrain from zoning on a piecemeal basis until there~is a master plan for the entire property and then whoever owns it must observe that plan. He continued in part that once Santa Anita gets the permit and builds, control would be lost; the residential use for the property would be gone and discount houses might go in and Council would have nothing more to say; once part of it is rezoned it would become increasingly difficult for the City to resist additional commercial development on all the 300 acres. He referred to a statement by Mr. Strub's attorney that the property is no longer suitable for residential purposes, and stated that if this is true then none of the property is so suited; that there would be no control over ownership or with whom Council would be dealing. He urged Council to deny the application so it could reserve the right to determine the use... it is the uncertainty, confusion and unpredictability of the future that surrounds the entire matter; that Arcadia is one of the most desirable places in Southern California to live and with the large acreage in the middle of the City devoted to horse racing - citizens have lived with this combination for almost 40 years. Council is now being asked to disturb and alter that relationship by taking a part of the residential zoning out of the picture and establishing the precedent of the use for residential into commercial and there is no assurance as to future plans; that Mr. Strub and his Corpo- ration might decide to move racing out at any time. He referred to the financial statement of the track and its reference to being in the real estate business with the track the prime real estate.. He referred to research he had done indicating the Track's zoning and agreed to submit the data to Council prior to the meeting to be held January 6 at which time Council will enter a study session on the matter. In conclusion he stated in part that at this point Council has the power to change a portion of the R-l zoning and that once it does that the owner can then pursue his own commitment and establish a commercial use; that Council has the opportunity to change zones until someone commits himself and once that is done I those rights cannot be removed without the consent of the property owner. He observed that the group with which he is associated holds no rancor .. that the matter is of great interest to the community. During his testimony he stated for clarification purposes that he had appeared before Council as a private citizen as he had appeared before douncVS on-many occasions in the past; that he was not retained as an attorney by the citizen's group with which he is associated. (WOOD) Mrs. Robert Wood, 837 Hugo Reid Drive, read from a petition signed by residents on Hugo Reid Drive, concerning the constant use of the street by school children attending the two elementary schools in the immediate area and the hazardous traffic situation. 1-5-71 - 10- YOU[H COMMISSION BUDGET , ff: /l!q~//0 1!j;:..../".~rJ - I EQUIPMENT PURCHASE (Bids for city cars) ",' rJ r.,r/ /" .. c," ~ ADJOURNMENT I -'I r. '" ./,f! ""- 19: 7766 On MOTION by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows the budget for the Youth Commission for the fiscal period December 1, 1970 to June 30, 1971 in the amount of $1,070 was APPROVED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Councilman Hage referred to a letter he had submitted to Council concerning bids to be received for city vehicles. In substance he had suggested that local dealers be permitted to submit bids although the City had already entered into an agreement with Los Angeles County for this year's needs. Considerable discussion ensued with Councilman Considine stating in part that he had been approached by a local resident, in the automobile business in another city, along the same line. He felt perhaps bids could be taken from dealers this year in addition to the County...at least it would be a background for next year. During the deliberations Philip Scott, 1651 Wilson Avenue, owner of the Becherer Buick Company in Monrovia, spoke concerning new developments in the field and felt better bids could be received this year from dealers than have been possible in the past. Don Ehr also suggested purchasing end-of-year models instead of new year models. The procedure of going to bid earlier next year was also injected into the discussion. Inasmuch as it appears to be a little late for any change and because the County will be opening bids on January 12 the matter was TABLED until the next regular meeting on MOTION by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Helms, Butterworth Councilmen Considine, Rage None At 11:20 p.m. the meeting was ADJOURNED until January 6, 1971 at 7:30 p.m. in the.City Hall Council Chambers. /LurJ~0~ Mayor ~~~~,/Ju ~L&<A. j City Clerk 1-5-71 - 11 - I FOR MINUTES OF ADJOURNED REGULAR MEETING JAN. 6, 1971 SEE TRANSCRIPT I 19; '11'"