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",.-
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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. '
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1-5-71
ORDINANCE
NO. 1423
INTRODUCED
SURPLUS
MILITARY
AIRCRAFT
........-
UNDERGROUND
UTILITIES-
MICHILLINDA
AVENUE
RESOLUTION
NO. 4175
ADOPTED
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STREET
IMPROVEMENT
(FIRST AVE.)
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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
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ADVERTISE FOR
BIDS
(FIRE PUMPER)
~
I
URBAN
PROBLEMS
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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
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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
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RESOLUTION
NO.4171
ADOPTED
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CHICAGO PARK
(soils study)
j 107-1-1/
LEGISLATION
(MEETING)
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,
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
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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
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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
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(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
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19:7765 (c)
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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.
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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
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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
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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
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I
FOR MINUTES OF ADJOURNED REGULAR MEETING
JAN. 6, 1971
SEE TRANSCRIPT
I
19; '11'"