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HomeMy WebLinkAboutAUGUST 20,1991_2 I I 0110. "'-0 33: 02210 6'.;)() " 1 cc CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Aug. 6 ,1991) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION QlfO. ..,0 N..5 P 1. PUBLIC HEARING BILLIARD CLUB (320-326 E. Htg. Dr.) (APPEAL DENIED) os-gO.IO Capq/- ()Or;) . MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 20, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:30 p. m., Tuesday, August 20, 1991 in the Arcadia City Hall Council Chamber, Rev. Susan Walker, The Santa Anita Church Councilmember George W. Fasching PRESENT: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None On MOTION by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED, the minutes of the Adjourned and Regular meetings of August 6, 1991 were APPROVED. It was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED, that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. CITY ATTORNEY The City Attorney announced that, "The City Council met this evening in CLOSED SESSION pursuant to Government Code Section 54956.9(a) to discuss three items of current litigation: Orona vs. Arcadia; Potlatch, Simpson and Montrose vs. Arcadia; and the claim of Robert Altmayer" , Consideration of an APPEAL filed by Jerry Jamgotchian (Pool Pockets, Inc.), to the Planning Commission's denial of Conditional Use Permit application No. CUP 91-008, for a billiard club at 320-326 East Huntington Drive (Arcadia Gateway Centre). The Planning Commission considered CUP 91- 008 at a public hearing held on July 9, 1991. Based upon the materials and evidence presented, the Planning Commission made the following findings: A) That the past parking modifications have allowed a 109 parking space (11.68%) deficiency and that the requested modification would result in a cumulative deficiency of 142 spaces (15,22%). B) That the layout of the parking for the Gateway Centre has disproportionately distributed so that there is a shortage of parking in the vicinity of the retail 8/20/91 1 IN FAVOR OF THE APPEAL 33:0222 building in which the billiard club is proposed to be located, These findings led the Commission to determine that the activities and traffic that could be generated by the proposed billiard club would be detrimental to the existing uses in the Gateway Centre as well as to surrounding properties and developments, The Planning Commission voted 4 to 0 with one abstention to deny CUP 91-008. The Planning Department recommends approval of the Conditional Use Permit subject to compliance with the 17 conditions set forth in the August 20, 1991 staff report. Notice of this public hearing was published in the Arcadia Tribune on August 1, 1991, and the affected property owners as well as other interested parties were notified, as requested. Mayor Gilb noted that a petition had been received listing the I signatures of 325 persons opposed to the proposed billiard club. The Mayor then opened the public hearing. Jerrv Jaml):otchian, 1445 Manhattan Avenue, Hermosa Beach, appellant, stated in part, that over the past seven months the' Arcadia Planning Department and other City departments have thoroughly studied and drafted protective conditions associated with the Conditional Use Permit. These departments, he n~ted, have fully recommended that the City Council unanimously support their findings and grant the Arcadia Billiard Club it's CUP. The Arcadia Billiard Club has ten very specific operational goals: No.1) To become an active, well respected, charitable and progressive member of the Arcadia business community. 2) Develop more new customers for the Arcadia Gateway shopping center which will increase the sales for the tenants. The Arcadia Billiard Club in itself will pay over one-third of all common area costs and taxes prorated to the billiard club's portion of the shopping center. 3) Provide more revenue to the City of Arcadia through sales taxes, building fees, license fees, use taxes, etcetera. The billiard club also expects a yearly payroll expenditure in excess of $120,000. 4) Develop approximately 30 new full-time and part-time jobs related to the club. 5) Offer the sport of billiards to Arcadia residents along with area hotel guests, businesses, social clubs and restaurants. These local people will be their specific marketing target, he added. 6) This is a billiard club with an interior, small se~ice bar and not a bar with billiard tables. There will be no cooking or sit-down dining facilities located within the club, All food services will be delivered to the billiard club by the shopping center restaurants. 7) A majority of the Arcadia Gateway Centre retail tenants are in full support of this CUP application. 8) Identify many Arcadia citizens and social groups who fully support the Arcadia Billiard Club CUP, such as the Lions Club, Arcadia Business Association, Senior Citizen Committee and the Kiwanis Club. 9) Approval of this CUP will greatly help in improving the Arcadia Gateway Centre's overall parking conditions through adjustment of the current peak parking time; and goal No. 10) To fully disclose all components of the application, operational plans and guidelines, construction plans and material boards. Mr. Jamgotchian further stated in part, that the billiard club's plans have been tentatively approved through the Arcadia Building Department, subject to some minor corrections. Further, ,the applicant of the CUP fully accepts all conditions referenced in the Conditional Use Permit as approved by the Planning Department including the City Attorney's recently added condition No. 10 that "CUP 91-008 is subject to the requirements of Arcadia Municipal Code Section 6314, and any conduct or actions of patrons of the business subject to CUP 91-008 that constitutes a public nuisance as defined by AMC Sec, 6314 are grounds for revocation or suspension of CUP 91- I 8/20/91 2 33: 0223 I 008 and the applicable business license for the subject premises". Mr. Jamgotchian added that this evening they desire to make the following modifications to the CUP and the attendant conditions and protections with the approval of staff and Council, Modification No, 1) The applicant desires to reduce the operating hours on Sunday through Thursday from 10 a. m. through 2 a. m. to 11 a. m. to 1 a. m.; Friday and Saturday they will keep the same time that was originally in their application. No.2) They withdraw their request for a parking modification because the Barton-Aschman study shows that their tenancy in the shopping center no longer requires a parking modification, but actually improves parking availability for all shopping center customers. No.3) They will reduce the occupancy of the billiard club from 160 to 110 patrons. This is an approximate 33% reduction in occupancy, In response to Mayor Gilb, Mr. Jamgotchian replied they can reduce the occupancy by 50 persons since they are a billiard club and not a bar and if four people are playing at 25 tables -- at 100 persons they are totally full. Operational conditions were outlined next in Mr. Jamgotchian' 5 presentation, such as their equipment check-in and check-out policy. For the first three to six months after the club is open they will have a greeter at the door who will check the identification of each person entering the club. The greeter will explain the club rules at that time also ... The patron will then approach the billiard ball check-out counter, where they will leave their I. D. in order to acquire a rack of balls, The customer is then directed to an assigned table. When play is completed the player returns the balls to checkout, pays the charges and retrieves their I. D. He explained also that the seats at the bar are for billiard players who are playing adjacent to the bar. Additional elements to their operational plans are a non-smoking section; a Mothers Against Drunk Driving Designated Driver Program, where the non-alcoholic drinker wears a sticker and receives free soft drinks all evening. Arcadia Billiard Club does not serve pitchers of beer, he added. Furthermore, Mr. Jamogtchhian noted the strongest protection the City of Arcadia has is in the condition drafted by the City Attorney to fully revoke Arcadia Billiard's rights under the CUP for violation of any provision of the CUP, Mr. Jamgotchian stated also that he would like the City Attorney to address conditions related to transfer of the proposed CUP if he sold the business or passed away. The City Attorney responded that the Conditional Use Permit runs with the land and anyone who assumes that use is subject to the CUP. The City Attorney added, that this has been the law in California for a number of years. I At this point in the proceedings a short video tape of the billiard club industry was viewed. The video included reference to the merits of father/son and family billiard players to which Mr. Jamgotchian mentioned that at the request of the City Planning Department, Arcadia Billiard Club will have an age requirement of 21 years and over only. He then introduced Ms. Robin Bell as the world champion nine-ball billiard player for 1990 and 1991, Robin Bell, 10582 Ritter Street, Cypress, stated in part, that she has been playing pocket billiards for 17 years. Pocket billiards has finally attained credibility and is moving away from stigma implied by certain movies. The billiard rooms that are now opening up are big business and require an investment of up to a half million dollars. Billiards are the sport of the '90's, according to Ms. Bell. It no longer has an image of a dark, seedy room. She has appeared on television doubling for certain TV actresses in billiard scenes. Ms. Bell shoots billiards for a living by playing in 8/20/91 3 33:0224 tournaments. Further, the people who play billiards are reputable people who are able to pay $10 to $12 an hour to play pool.,. business people who have money. As far as the gambling in connection with pool ... there are many local tournaments for payers to join, she added, Pat Gibson, 505 Coyle Avenue, Vice-President of Barton- Aschman, stated in part that, at the request of Mr. Jamgotchian, Barton-Aschman surveyed another billiard center that he operates, to compare that center's parking demand and those parking patterns to the parking demand that Barton- Aschman originally estimated for the Arcadia Gateway Centre. The other billiard club is in the City of Hawthorne. Barton- Aschman looked at the Hawthorne billiard club and found that at that center from 2 to 6 p,m. in the afternoon is the peak parking demand and there were approximately 10 to 15 cars at I that time. From 6 to 10 p. m, at night this land use would possibly have a parking demand of 40 to 50 cars. So this is the magnitude of the parking demand at Arcadia Gateway Centre from this 6,600 square foot use - 10 to 15 cars in the afternoon and 45 to 50 in the evening. If this is compared to the parking demand for the total center at 2 to 6 p, m. in the afternoon, the parking would be at 450 to 780 cars plus 10 to 15 from the billiard club. At night the parking at the total center would be somewhere between 160 and 315 cars, of which we would add 40 or 50 cars to that from the billiard club. The parking demand for uses other than a billiard club at the Arcadia Gateway Centre would generate 35 cars for retail use at 2 - 6 p.m,; a restaurant would generate use of 67 spaces; therefore, the billiard club would cut the parking demand at those key four hours of the day in half. A real estate office in the same 6,600 square feet could have 45 agents and have much more impact on the parking than a billiard club land use, according to Mr. Gibson. Further he believes the club land use will relieve parking pressure in the afternoon when parking demand is highest and at 10 p.m, when the club is at peak parking demand of 50 spaces, there are over 650 empty spaces in the shopping center lot, Wade Wvman, 1638 Steinhart Avenue, Redondo Beach, Wyman Commercial Real Estate, the property management company for Arcadia Gateway Centre since July of 1988. Mr. Wyman stated in part, that both Bennigan's Restaurant and the Olive Garden have bars and he has never received a complaint from center tenants or customers regarding the bars at these two restaurants. The major concern has to do with the parking. In the last few months the center has had some substantial changes, the parking problem has been resolved by designating certain spaces to be used by employees of each retail and office USe. Mr. Wyman explained that, although he does not drink or smoke, he and some friends do patronize two billiard clubs once a month. He has found the two billiard clubs to be pleasant places to patronize, Tom Andrews, 316 West Hillcrest, Monrovia, co-owner of A & S Security Guard Services. Mr, Andrews stated in part that his company has been providing security for Arcadia Gateway Centre for over a year, His uniformed security guards are there to deter any kind of crime. Unfortunately, shopping centers are a magnet for criminals, he added. His company, as Mr. Wyman mentioned, has done an excellent job of keeping crime at the Centre down to a minimum. The security guards make sure that no one breaks into cars; they look for suspicious activity; they escort ladies to their cars, etcetera. After the guards leave at night, the firm provides a patrol service that checks the center four times a night up to 6 a. m. I 8/20/91 4 33:0225 Mike Ludecke., 610 North Santa Anita Avenue, President of the Arcadia Business Association, stated that Mr. Jamgotchian spoke at an ABA meeting in July, After the billiard club presentation I the Assoe;iation voted, and gave their overwhelming support to Mr. Jamgotchian. In response to a question from Councilmember Fasching, Mr. Ludecke replied that the membership of the ABA stands at 125 and 25 to 30 members heard Mr. Jamgotchian speak, Further, Mr. Ludecke did not know how many or what percentage of the 125 members live in Arcadia. I Eve Garibian, 302 East Huntington Drive, co-owner of Salsa Del. Rio. Ms. Garibian stated in part that initially she had come to a hasty and incorrect conclusion in her belief that this billiard club would be like a typical pool hall. She was present when Mr. Jamgotchian gave his presentation at the ABA meeting and has since changed her mind about the club. She has concluded that this club would be favorable for Arcadia. The billiard club will attract a positive crowd to the shopping center, she added. Tom Crum, 759 Southview Road, stated in part, that, his business is located at 37 East Huntington Drive, he is very interested in the prosperity of Huntington Drive between Santa Anita and Fifch Avenue. He is in favor of busy streets, full store fronts, and definitely opposed to empty store fronts anywhere. The billiard club will be a positive addition to the business community, Alicia Alfaro, 141 West Forest Avenue, stated in part, that she lives and works in Arcadia. She is very much in support of the proposed billiard club as a business person and as a mocher. The club would be a positive move in the community. Further, there is nothing worse than seeing an empty store front and she would rather see this cype of a business going in the shopping center because chey have set standards for their operation that this community can live with, I Stan Gribble, 18401 Von Karman, Irvine. Mr. Gribble stated in part that he is the Managing General Partner of the Arcadia Gateway Centre and has worked closely with the City Building and Planning Departments and others for many years on this project. He has known Jerry Jamgotchian for many years. ,. If Jerry says he is going to do something, he lives up to the obligation. Arcadia Gateway Centre has had vacancies for many months, and upon the request of Jerry Jamgotchian to put a billiard parlor in this location, Gribble & Associates did their own research. They visited new, upscale clubs in six cities. They believe the billiard club will be a very positive influence for the property. It will generate retail sales and will draw people who will spend disposable dollars at the other businesses in the shopping center. The club will also benefit the real estate and escrow offices indirectly" Gribble and Associates believe so strongly in this particular transaction, that they have agreed to invest $100,000 into the business as part of the lease transaction ... and they are imposing upon the applicant in the lease all of the conditions which are part of the Condi tional Use Permi t, They also reserve all rights for approval of new buyers or owners of the properties.., Mr. Gribble believes the billiard club will be an asset to the community. In conclusion, Mr. Gribble stated that he does not reside in Arcadia, but he is at the Centre often, And, as for the parking at the Centre" there are absolutely no parking problems on this property, especially from 6 p.m. on. Jerrv Jamgotchian, stated in part, that he also has a petition signed by those who support the billiard club. His petition signers are all outstanding Arcadia citizens from the Lions 8/20/91 5 OPPOSED TO THE APPEAL 33:0226 Club, Senior Citizens Committee and the Kiwanis, according to Mr, Jamgotchian. In conclusion, he thanked the civic groups, the Planning Department, other City agencies and the Chamber of Commerce for their support. Judie Draoer, 939 Hampton Road, stated in part, that Mr. Jamgotchian stated that ,the billiard club would mean more revenue for the City of Arcadia in answer to this statement, she would ask, how much will it cost Arcadia's tax paying citizens in the long run for additional charges for outside elements brought into Arcadia by this type of adult recreation activity? And what happens after the six months are over for keeping a close watch on the identification of the people who visit the club? This in reference to the 21 age or over requirement. Further, Mrs. Draper feels that this is just another form of gambling. She and other citizens of this community are concerned about retaining the community of homes environment for their families. I Beth Wells, 2140 Canyon Road, commented that the petition in opposition to the billiard club was signed by 325 citizens and business people who feel as she does that this type of facility is not appropriate in a community such as Arcadia. It would not serve the broad spectrum of citizens, nor does it reflect the wholesome, safe and family oriented atmosphere that this community has tried to build and maintain, Mrs. Wells urged Council not to grant the Conditional Use Permit, Johanna Hofer, 875 Monte Verde Drive, asked the Council for the number of Arcadia residents who are in favor of the billiard club? This figure was not available. Mrs. Hofer asked the Council to deny the appeal for several reasons: 1) The City does not need this billiard club any more than it needs another race track or bar; 2) This type of facility should be researched by the Police Department and should require a Police permit; 3) It is strange that the Planning Commiss ion's maj or concerns were the parking and security situations; 4) She was told that Los Angeles requires a permit issued by the Police Commission for such an establishment; also that the parking lot must be well lit and vision in such a facility must be from outside to inside and the reverse. The passing of drugs, etcetera, is one of the reasons for this requirement, Mrs. Hofer added. This is not the time to open a Pandora'a box in our City... Bill Killeen,' 328 Vaquero Road, handed additional petitions to the City Clerk for the Council. He had taken the petitions and conducted a random sampling of his neighbors. He found each of the persons he approached eager to sign the petition opposing the billiard club. None of them felt that this establishment was necessary in the City of Arcadia, Gail Marshall, 2320 Lee Avenue, remarked that she had read the newspaper article about the billiard club stating they would I offer free instruction and low prices on slow days to senior citizens. Why would any Arcadia senior citizen want' to go there when the City has a new community center for them which has a billiard room where they may play without charge. As to explanations of the parking situation, which sounded good, what about Saturdays when parking is at a peak all day long and will be the same for a billiard parlor. Ms. Marshall feels fake I.D.'s will be a big problem at the club, also, Further, she will not frequent the shopping center if this establishment goes in, and knows several others who are of the same opinion. Bob Margett, 145 West Wistaria, referring to the comparison the consultant made between the parking area at the Hawthorne billiard club- and the Arcadia Gateway Centre parking, 8/20/91 6 33: 0227 I commented that there is no comparison. The Hawthorne billiard club is in a heavy industrial area, not a retail area such as exists at Arcadia Gateway Centre. Mr, Margett stated, there are several reasons why Council should deny CUP 91-008, "This agency brought and assembled this property, paying market prices, incurred relocation and legal costs, all with taxpayers' dollars, then sold it to the developer at bargain basement prices with, and I underscore with, the assurance that quali ty office and retail would replace the marginal land use it once had, Now, by allowing the pool hall, we're setting the stage for retrogression, We are setting the stage for less desirable use and a return to what we had there once before. In the process I the agency has on three occasions capitulated to less than standard parking requirements with another request tonight for less parking requirements. Let's stop the degradation of the development that the Arcadia taxpayer has a financial interest in. Unfortunately, the applicant has received encouragement from Council and also from staff to progress with his CUP and we find this to be uncanny, that the staff would find the CUP to be unobjectionable. Other pool hall facilities are available in the vicinity. We have Steerburger, we have the new Sports Bar that's going to be coming into the fold before too long. And for those who want to use them, we have plenty of this type of facility. The citizens and the tenants don't want the pool hall, nor the problems associated with the pool hall use -- parking, loitering, gambling, and drugs. You can ask yourselves two things when you're relating to questions of this type. Political reasons are the reasons that you people are sitting here tonight and making judgment. What's the greatest good for the greatest number? Is it great for the City of Arcadia and the people who are living here, or the investors and the people who are endeavoring to make money here off of our community? This type of a project would be fine, isolated by itself, some place where it was not co- mingled and mixed with other types of uses that you have in that center. That's fine. But when you pull it in with the types of uses that are there, it is totally unacceptable. Thank you, Mr. Mayor, for addressing Council tonight." Mr, Margett then turned several petitions over to the Council and remarked that the signatures on the petitions now totaled more than 350, I Janet Lo;eski, 1230 Rodeo Road, stated that she is present to speak on behalf of her husband, Dennis Lojeski, who is out of the country, as well as herself. The letter from Dr. Lojeski was then read into the record, "Honorable Mayor Gilb and City Councilmembers. I am appealing to you as a 40-year resident of this community, 20.year businessman in the downtown area, and an 8-year member of the City Counci~and former Mayor to deny this applicant's request for a Conditional Use Permit. I can appreciate the diligence put forth by the applicant and his persistence, especially after our Planning Commission unanimously denied his request. However, Arcadia is a special city. We are not Carson, we are not Montclair, this is not Eastland Shopping Center. This is a community where the citizens demand quality, they expect their city to be clean, crime-free, and their voices heard. When the redevelopment began in Arcadia between Fifth and Second Avenues on Huntington Drive, it began slowly, but we were provided the privilege and position of the programs that we put in and developments that went in there were also the type of developments that we felt that the citizenry of Arcadia appreciated. We were wary of types of businesses that did not meet the criteria that our citizens demanded. Our goal was to remove blight and increase City tax base. With these goals in mind, we created a commercial planned development or CPD-l zone. When Mr. Gribble came to Arcadia with his 8/20/91 7 33:0228 development, he quickly realized he was not dealing with just a typical city. He was fully aware of what we wanted, what we expected, and how restrictive the CPO-l zone is. There were many concessions and compromises with this development, particularly in regards to eating establishments and the creation of adequate parking. These requests continued to stretch the intent of the project and allow something that was not intended. The CPO-l zone restricts certain types of uses and specifies uses that are not allowed. I was surprised to find this City Council encouraging the applicant to file for a Conditional Use Permit, fully knowing that this restriction was in place, What you are looking at tonight is the Conditional Use Permit' for a use which is not allowed in the CPO-l zone, If you allow this Conditional Use Permit, it will increase the usage of this type of facility, particularly restaurants at peak times, and will create not only parking I problems but also the potentiality for loitering, gambling, and security problems. I have spoken to many of the citizens of Arcadia, and none of them can find any redeeming value in allowing this type of business in the area. As a city, we've worked very hard to maintain our standards of premier and quality development. As we continue to upgrade our areas, please lis~en to the citizens of Arcadia. I urge you to deny the application for the Conditional Use Permit. Thank you for your attention. Dennis A. Lojeski." Mrs. Lojeski then' stated in part, that she, as well as the City Council, has raised her family in Arcadia and sent those children to Arcadia schools. Her family is proud of Arcadia; they live here because they want to not because they have to. They patronize the businesses in Arcadia for the same reason. She frequents the Arcadia Gateway Centre often but might be a little skeptical of going there if the billiard club is approved and certainly would not allow her children to go after certain hours in the evening. Mrs. Lojeski reminded the Council that they speak for the citizens of Arcadia and the people in this City are asking the Council to listen to them, Mavor Pro tern Harbicht, in response to a comment in Dr, Lojeski's letter that Mayor Pro tern Harbicht believed implied that the Council encouraged Mr. Jamgotchian to appeal the Planning Commission's denial of CUP 91-008 stated for the record, "I've never spoken to this applicant in my life, and his right to appeal is his right to appeal, and he certainly hasn't gotten any encouragement from me. .." Bob Mar~ett then explained that the reference was to the fact that initially the Council allowed this matter to go to the Planning Commission for review and he and others thought it should have been killed at Council, Further, that this billiard club was something that was not socially redeeming for the community, but yet the Council voted 3 to 2 to approve this land usage. John Thrasher, 965 W. Foothill Blvd., stated in part, that he I is against the proposed pool hall. The promotion of the club claims pool is a family sport, but that is not applicable here where alcohol is being served and no one under 21 years of age will be allowed in. Mr. Jamgotchian mentioned "his team of consultants"; when consultants are hired, one can get the results they would like to get. Also, the other supporters have a potential financial interest by either supplying food or other things to the applicant. Further, as mentioned by Janet Lojeski, "we live here, they don't". We do not want to see a bad element come into that area, he added, Mr. Thrasher further urged the Council not to approve the CUP. "The trust of the citizenry is in your hands and we hope you make a fair decision", 8/20/91 8 33:0229 Carol Curtis, 825 East Winnie Way, stated in part, that she is a community volunteer in the City with prime concern for the children of Arcadia.' Her major concern is, no matter how modern the facility, this. is in fact a pool hall and beer parlor that would draw an'unsavory crowd to the City, The Arcadia Unified School District has just passed a new gang policy,.. the Council would be justified in supporting that policy. Ms, Curtis requested a denial of the CUP for Pool Pockets, Inc. I Claudia Storev, 1101 Panorama Drive, stated in part, that she is the Branch Manager for Coldwell-Banker Real Estate, two doors west of the proposed pool hall. This office has 47 agents, 32 of which are women. Their office hours do not end at 6 p,m., every agent has their own key so they may work evenings or to meet with clients. Sometimes it is necessary to work at the office until 11 or 12 p.m, Clients often come in during the evening, many times with their children. Clients want and expect to cone into an office that is professional in an area that is safe. Ms, Storey believes that if the billiard club locates in this area, there would be resistance to coming into the center and a corresponding loss of business. The Coldwell-Banker agents have visited two of Jerry Jamgotchian's billiard parlors to check out the owner's contention that the type of people that use these facilities are, (a) a large percentage of women, and (b) non- lowlife type crowds. They found in their investigations that they did not even feel safe on the inside of the establishment I not to mention the outside. An agent who visited "Shooters" said she would never return and would never consider going unescorted. As tenants of Arcadia Gateway Centre, Coldwell-Banker believes they would have absolutely no control over the type of people allowed; the amount of drinking that occurs; or the quality of security that would be provided. The security that is now provided is lacking. There is only one security guard who walks around their building front and back and also the Auto Club, and that is not enough. Eight" weeks ago Bennigan's restaurant was shut down because of a fight that occurred inside and outside. The Embassy Suites has had drug dealing in the parking lot, and last week an armed robbery. Because her lease is very costly, Ms. Storey is anxious to have a good, solid tenant in the center but she is willing to wait for one that does justice to this community, I Richard Martinez, 301 West Magna Vista, stated in part, that he is concerned for the community. The fact is, a billiard club is really a pool hall; if alcoholic beverages are sold, it's a bar. It is ,a fact that the other pool halls in surrounding communities draw motorcycle club~; it is a fact they draw drugs and use drugs. He is concerned that it is implied that the service clubs in the area support this pool hall ... Maybe individuals do, but not service clubs. He would like the Council to unanimously deny the CUP. Geor"e Musulli, 6770 North Oak Avenue, Arcadia, Sr. Vice- President for Coldwell-Banker. Coldwell-Banker leased the premises at the shopping center on the basis of a store type operation with homogenous and compatible businesses around, and not a billiard hall. They are concerned because the potential is there for a loss of business. Tonight many people have said that they will not go to the center if the billiard hall is approved and they will not allow their children to go, Perception is important to the real estate business and they are concerned that the loss of business to their 47 agents would be too great for them to bear, They are also concerned about safety, At the billiard hall the main focus is on shooting billiards and consuming alcohol. Arcadia is a community of homes and they would like to keep it that 8/20/91 9 33:0230 way. Mr. Musulli, then asked those in the audience to please show their opposition to the billiard hall by standing up. (No count was taken, however, a large group stood up,) Catalina Martinez, 301 West Magna Vista, stated in part, that the proponents of the appeal have talked about generating reVenue for the City of Arcadia, but what kind of revenue will this be? What kind of services will the residents be denied because of the services that will be diverted to the billiard room for various reasons she is talking about law enforcement because the security people will only be able to do so much and the police will have to come in. The paramedics and hospital space could also be affected. Businesses might be damaged as well. She asked the Council to stand up and be counted and accountable. Mike FerEuson, 2028 Highland Oaks Drive, President of the I' Highland Oaks Homeowners Association. Several members of the Association requested that he do a survey to find out how the community felt about the proposed billiard parlor. He contacted 358 homes; 358 of the homeowners said that a billiard club did not belong in Arcadia. REBUTTAL Mr. JamEotchian, stated in part that there are two tenants in the shopping center that are opposed to this use - Coldwell- Banker and Santa Anita Escrow. A lot of people in the audience still have a misconception of the controls in place for the billiard club operation, such as controls imposed by the Planning Department. The City Attorney has the absolute ability to revoke their Conditional Use Permit if they violate any of the conditions, All they are seeking is a chance to join the Arcadia community. The location is not a Community of Homes location... it is a central business district; and they would like the opportunity to prove they can operate there efficiently and successfully. It was then MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED to close the public hearing, Councilmember Young commented that when the subject of the billiard club first came before the Council, she could not visualize this as something suitable for the City. At that time she voted NO and has not changed her mind, Tonight she will vote to deny the appeal. Councilmember Ciraulo stated in part, that he is one that has changed his mind. He had originally voted for this use, but over the past several weeks, it has become apparent that the majority of Arcadia citizens he has talked with just do not want this billiard club in Arcadia. After reading all the material and giving this a great deal of serious thought, he agrees with the majority. He will vote to overrule the appeal. Councilmember Fasching, stated, in part, that when this matter 1 originally came before Council as a permitted use in the CPD- 1 zone, he was surprised it passed and then went on to the Planning Commission. His feeling now is the same as then, However, as a businessman for the last 40 years, he respects Mr. Jamgotchian for his efforts and his approach to try and establish this billiard club in Arcadia. Councilmember Fasching pointed out that the Planning Commission is required to base their decisions on the restrictions and requirements of the Arcadia Municipal Code. The parking deficiencies were considered. The inappropriate placement of this type of an establishment in a retail complex was cited. All the facts and figures have been presented by those on both sides of this issue and he has come to the position that the residents of Arcadia have eloquently expressed the reasons why this 8/20/91 10 1 1 2. PUBLIC HEARING TREE PRESERVATION (Urgency Ordinance to Continue Moratorium) (APPROVED) O<lJ{). 60 33:0231 facility does not belong in this City, They have completely expressed his feelings on this matter ... it is not in the best interests of the citizens of Arcadia. Arcadia is not the place for a billiard parlor and a cocktail lounge of this nature, Further, he will vote to deny the appeal. Mayor Pro tern Harbicht stated in part that there are two questions before Council this evening: 1) the parking, he is convinced that the parking demands of this facility are different than the parking demands for the rest of the center. This is really not an issue that concerns him; 2) the issue is, what kind of a facility this is. Both sides have presented different views of this type of business. He is not concerned that this facility would be a problem for the City of Arcadia. And, at the same time, he is convinced that there are a large number of people who are opposed to the billiard club, He will accede to the wishes of the community as he sees it. Mayor Gilb stated in part, that he has had a lot of conversations with the applicant, Jerry Jamgotchian, After the Planning Commission meeting, the Mayor phoned him and 'told him not to appeal because he did not feel that the Council would overturn the unanimous decision of the Planning Commission, Mr. Jamgotchian decided he wanted to go on, and he has been up-front with what he is trying to do. Mayor Gilb feels that the project itself would have been okay, The Mayor then called for a motion. Councilmember Fasching MOVED to DENY the APPEAL and sustain the Planning Commission's denial of application No, CUP 91- 008, the proposed billiard club at 320-326 East Huntington Drive; DIRECT staff to prepare an appropriate resolution reflecting the Council's decision and findings in support of that decision, seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Consideration of imposing and extending a moratorium on tree removal and destruction, The City Attorney stated that the purpose of this ordinance is to continue the current moratorium while the City Planning Department finalizes its draft of an ordinance that will impose regulations wi th regard to tree preservation. This matter is to be heard before the Planning Commission on September 24, 1991. This ordinance will be a continuation of the existing moratorium in order to maintain the status quo. The ordinance, by its terms, can remain in effect for up to ten months, if Council adopts it by four votes after a public hearing. However, it can be terminated sooner than that by Council direction which would depend, in part, on whether or not Council enacts a permanent regulatory ordinance. The ordinance will have to be read in its entirety. Mayor Gilb stated that he is in favor of doing something about this ordinance; he is not in favor of holding it up for ten months. He would like to put a sixty day limit on this and he will not vote for an urgency ordinance which would last ten months. Councilmember Fasching agreed. Staff noted that if this ordinance is considered by the Planning Commission on September 24, 1991, and moves ahead expeditiousiy, it would become effective just after the first of 1992, so Council might want the temporary ordinance to stay in effect until that date, which would be more than sixty days. In response 8/20/91 11 URGENCY ORDINANCE NO. 1949 (ADOPTED) Oy,() 4,(1 3. 3a. REC. & PARKS COMSN. (Wilderness Park Entrance Fees) (DENIED) 01'-10 - JO 33:0232 to a question from Councilmember Young, the City Attorney responded that the ordinance can be amended this evening by a verbal motion. After discussion by the Councilmembers, it was MOVED by Councilmember Young, seconded by Mayor Gilb and CARRIED that the moratorium on tree removal and destruction be continued for a period of five months. Mayor Gilb declared the hearing OPEN. Johanna Hofer, 875 Monte Verde Drive, stated, in part, that she thought it to be 'a good idea to save the oaks. As a homeowner, she inquired if a permit would be required for professional tree trimming. Mayor Gilb said this is to be discussed at the Planning Commission hearing on September 24, 1991. 1 The public hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED. It was MOVED by Councilmember Ciraulo, seconded' by Councilmember Young and CARRIED on roll call vote as follows that Interim Urgency Ordinance No. 1949 be and it is hereby ADOPTED. The City Attorney presented and read in entirety Ordinance No. 1949: "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IMPOSING AND EXTENDING A MORATORIUM ON TREE REMOVAL AND DESTRUCTION IN THE CITY OF ARCADIA, AND PROHIBITING SUCH ACTION, SUBJECT TO CERTAIN SPECIFICATIONS, EXCEPTIONS AND MODIFICATION REQUIREMENTS (FOUR VOTES REQUIRED)". Mayor Gilb inquired if the penalty under this ordinance pertained to each separate tree in event of a situation in which numerous trees were to be cut down. The City Attorney responded that destruction of each tree could be deemed by the prosecutor to be a separate and distinct offense, It is his opinion that the court would sustain that. In the normal criminal complaint pleading, that would be an accepted interpretation. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: BOARDS AND COMMISSIONS Consideration of recommendation from the Recreation and Parks Commission regarding a request to charge entrance fees to Wilderness Park (continued from July 16, 1991). 1 Jerrv Collins, Recreation Director was present to report that at the request of the Council, the Recreation and Parks Commission studied and dealt with the Highland Oaks Homeowners Association, request concerning charging an entrance fee to Wilderness Park. After discussing this with individuals in the group, the Commission moved that there not be an entry fee charged for Wilderness Park and that the six suggestions for improvement, outlined in staff report dated August 20, 1991 be taken care of in a timely manner. In response to a question from Councilmember Fasching, Mr. Collins responded that the recommendation for improvement of the rest rooms at 8/20/91 12 1 1 4. 03"::0 - ~s.- F, I (YI dl(J tJ ,S P '. 33:0233 the Park would be carried out under the regular Capital Improvement process. It was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that an entry fee NOT BE CHARGED at Wilderness Park and that the improvements listed in staff report dated August 20, 1991 be IMPLEMENTED in a timely manner, Mayor Pro tern Harbicht commended the Parks and Recreation Commission for their careful consideration of this item. He is very pleased that they recommended against charging an entry fee, He does not think an entry fee is something he would like to see in a public park. Also, he does not know how they could jus tify an entry fee at this park wi thout imposing exactly the same entry fee at Newcastle, Eisenhower Park, and all the tennis courts; all of which get more use than Wilderness Park. He strongly supports the motion not to charge an entry fee, AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: AUDIENCE PARTICIPATION Judie Draner I 939 Hampton Road, stated I in part. that she would like to comment on Item 8f, on the Consent Item Agenda regarding filming in residential areas. She suggested there be a requirement that a written notice with a filming schedule be sent to the residents within 100 feet no less than seven days in advance. Mayor Gilb noted there have been no problems with filming performed in the City. Mayor Pro tern Harbicht noted that notification is already a requirement. Mrs. Draper responded she would like to see a time element included. Beckv Pike Business License Officer, was present to reply that the filming companies very seldom know seven days in advance what the schedule is to be. Usually, they can give three days notice; that is what is required for the law enforcement people to be assigned. Councilmember Young said then the neighbors should also have three days notice. In reply to a question from Mayor Pro tern Harbicht, Mrs. Pike responded that the filming companies are required to notify the neighbors within one block, but no timing is required on the notice. Councilmember Fasching recommended that the filming company be responsible for giving a seven day notice to residents within one block, perhaps at the same time they get the signatures of the residents within 100 feet and make that a condition of the application for permit. Mayor Pro tern Harbicht commented that some time notice should be required, but that a seven day notice is too restrictive. A couple of years ago the City of Arcadia was approached, along with other cities in California with a discussion of the problem of "runaway" productions and the amount of money that it was taking out of the local economy. The City of Arcadia, as did most other cities, went on record as endeavoring to cooperate with film makers to try to keep some of this tremendous amount of money in the Southern California area. Putting a seven day requirement in place would probably drive a lot of this away. He thinks three days is a reasonable restriction. Mrs. Draper continued that the regulation states filming hours are restricted from 7:00 a. m. to 10:00 p.m, in residential areas. She inquired if this includes Sunday filming. 'Mrs. Pike replied that covers seven days. In reply to a question from Councilmember Fasching, Mrs. Pike responded the 8/20/91 13 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (Aug.6,199l) (APPROVED) 6c. ARCON/SCHAEFER BROS. ERN AMEND. //4 (SW Corner Project) (APPROVED) J6 80 _ z <1<1 Hf'i ~ .,,) t1 rl (I 6d. ADJOURNMENT 7. 8. 8a. PD BLDG. SEISMIC RETROFIT 0730-';() JQI..l S-t,D 8b. ARC.HIST.SOC BLDG. & LAND 5-YEAR LEASE AGREE'T D7,.U _ t/~ f);~. '. IS 33:0234 signatures of neighbors within 100 feet has not been a requirement to this point, Mrs, Draper requested filming not be permitted on Sundays, CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None On MOTION by Member Young, seconded by Member Fasching and CARRIED, the Minutes of the meeting of August 6, 1991 were APPROVED. 1 Consideration of request to approve Amendment No. 4 to the Arcon/Schaefer Brothers Exclusive Right to Negotiate (Southwest Corner Proj ect). The Assistant Director for Economic Development referred to the staff report and noted a correction in the performance schedule shown in the attachment to the resolution, It was MOVED by Member Harbicht, seconded by Member Fasching and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE Amendment No. 4 which provides a two month extension to the Arcon/Schaefer Brothers ERN to October 31, 1991 and require that they provide no later than October 18, 1991 an extension to their letter of credit to January 15, 1992. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and Gilb None None The meeting ADJOURNED to 7:00 p.m" September 3, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED plans and specifications for the repair and retrofitting of corbel supports and seismic upgrading of the Police Department locker room and APPROPRIATED $55,000 from the City Capital Outlay Fund to cover the cost of engineering, construction, inspection and contingencies; and AUTHORIZED the City Clerk to advertise for bids, 1 APPROVED 5-year lease agreement between the City and the Arcadia Historical Society to lease the museum building and land for $1.00 per year. The City will be responsible for the water, landscape maintenance and parking lot maintenance of the structure. The Society will be responsible for operating a Historic Museum as well as maintaining the facility and maintaining adequate insurance naming the City as additionally insured. The Lease Agreement to expire August 25, 1996. 8/20/91 14 1 1 8c. 1991-92 EMPLOY- MENT TRAINING AGREE'T (Liebert, Cassidy & Frierson) 0,:(:;'0- ~O 8d, BUS.LIC.FEE RED'N (Holy Angels Fiesta - OcLll, 12, & 13, 1991) 03r.,-()_3<;' 8e. BUS.LIC.FEE RED'N (Arc. Chamber/ Commerce Co. Fair - Oc L 5 & 6, 1991) () J <;0 ~ ." :. 8f. 8g. EQUIP.PURCH. MOTOROLA RADIOS (Police Dept.) (LA Co. Contract) 03fo-..:so PI) 8f. POLICY CHANGE FILMING IN RESIDENTIAL AREAS (APPROVED) 03<;'0 - :;.~- 0110 - 70 33:0235 APPROVED agreement for continued participation in the San Gabriel Valley Employment Training Consortium with the law firm of Liebert, Cassidy & Frierson for FY 1991-92, The proposed cost is $1,545 (3.3% higher than the 1990.91 agreement), Funds budgeted in the 1991-92 General City budget, APPROVED reduction in Business License fees to $5.00 per amusement ride for the Holy Angels Church Fiesta to be held October 11, 12 & 13, 1991 on the church grounds at 370 W. Campus Drive (Arcadia Municipal Code Section 6215.7). J. A. Blash Shows, Inc. will. provide eight rides for this event. APPROVED reduction in Business License fees to $5.00 for amusement rides and a pony ride for the Arcadia Chamber of Commerce County Fair to be held October 5 & 6, 1991 in the Arcadia County Park (Arcadia Municipal Code Section 6215,7), Seven mechanical rides and one pony ride are scheduled. The event will be a joint venture of the Los Angeles County Parks and Recreation Department, the Arcadia Chamber of Commerce and other civic and service clubs of Arcadia. Considered separately, (See below) AUTHORIZED purchase of radio equipment from Motorola, Inc. in the amount of $21,206.49, including shipping and sales tax; and WAIVED non-compliance with the specific bid process of the City of Arcadia in order to take advantage of the County's bid prices under Los Angeles County contract #53875. Funds are budgeted in the 1991-92 Capital Improvement Budget. ALL OF THE ABOVE CONSENT ITEMS, WITH THE EXCEPTION OF ITEM 8f" WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER FASCHING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Consideration of request for a change in policy for filming in residential areas. The City Attorney stated that what is before Council are changes in existing administrative regulations. However, notice requirement and also the "never on Sunday" rule are not covered by administrative regulations and would have to enacted by introduction and adoption of an ordinance. Perhaps this could be put over for introduction of an ordinance as well as a more complete report and, perhaps, input from the movie industry. The questions of distance from filming of residents to be notified and the number of people to be notified, which are before Council tonight, can be voted upon. Mayor Gilb and Mayor Pro tern Harbicht noted they are not in favor of the Sunday restriction. Mayor Pro tern Harbicht is in favor of having an ordinance brought back to Council. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that staff recommendation with regard to amending Regulation #4 to state, "In residential areas signatures of all neighbors within 100 feet must be obtained by the filming company prior to issuance of the permit. The Business License Office will 8/20/91 15 f lor L 9. ,. 9a. WE TIP REWARD PROGRAM (Graffiti Problem) (APPROVED) 05-020., S-o (JI:,-{)-::.,O 33:0236 provide the form and required addresses, If the filming activity is to take place at a residence on a privately owned street, signatures of all residents in the block will be required. ** If the signatures can not be obtained, or any neighbor in the required area refuses to sign, the filming company can' request a review by the Police and Fire Departments. Based on this review, the Police and Fire Departments can determine the impact the filming project will have on the area, and in the best interest and safety of the residents, the permit will be approved or denied." Regulation #8 be be amended to read, "Access of twelve feet (12') must remain open for emergency vehicles at all times on private or public property", AYES: Councilmembers Gilb None None 1 Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: It was MOVED by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that staff prepare an ordinance regarding the time notification for the residents and including the matter of permitting or banning Sunday filming and bring back to Council. Input from the movie industry is requested. The notification time should be no less then three days; no more than seven days. AYES: Councilrnembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: CITY MANAGER Consideration of reward program for those who turn in and help convict people who scrawl graffiti. Police Chief Neal Johnson stated, in part, that the WE TIP program has just gotten under way with regard to graffiti problems. Since the City participates in the WE TIP program, it is merely necessary to purchase the signs to be placed throughout the City can then get started with the program immediately, This would alleviate the City putting up individual money because it would be handled through the WE TIP program. Mayor Pro tern Harbicht questioned if the reward to be paid comes from the WE TIP funds. Chief Johnson replied that was correct; the donation from the City is made on an annual basis and that is included in the regular WE TIP program plus the graffiti removal, The number of signs required is to be determined. Mayor Pro tern Harbicht suggested that when the students register for school next month, a sheet of paper be included with their registration papers explaining the reward program and asking for their cooperation. Chief Johnson replied that could be carried out. He also mentioned that there is a news broadcast and the WE TIP program could also be explained by that means. Mayor Pro tern Harbicht feels that if the reward program is to be successful, it needs to have as much publicity as possible. 1 It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Ciraulo and CARRIED that the City participate in the WE TIP reward program for those who turn in and help convict those who scrawl graffiti. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: 8/20/91 16 1 1 9b. ORANGE GROVE AVE. DESIGN CONCEPT FOR IMPROVEMENT (APPROVED) 0'>,:;-<; ,0 Ora?).! CI{I'd' . 5"' ".' ~. r 33:0237 Consideration of recommendation to approve roadway design concept for the improvement of Orange Grove Avenue and authorizing the preparation of plans and specifications. The center line of Orange Grove Avenue from Michillinda Boulevard to 300 feet west of Rodeo Road constitutes the mutual boundary of the Cities of Arcadia and Sierra Madre. Since 1983 both cities have been discussipg a joint improvement project for this portion of Orange Grove Avenue because of its deteriorated condition and to increase safety. The progressive history of the proposed improvement of Orange Grove Avenue is fully 'detailed in the August 20, 1991 staff report. Earlier this year (1991) the staff of both cities developed for their respective City Councils a roadway design concept (as indicated and described on Exhibit "A" of Resolution No. 5614). This concept was discussed with residents of the area at an informal community meeting on June 20, 1991. On August 6, 1991, a sub-committee from each of the respective City Councils met to discuss the proposed roadway design concept. The members of the subcommittees were Mayor Andrew Buchan and Mayor Pro tern Gary Adams from Sierra Madre; and Mayor Pro tern Robert Harbicht and Councilmember George Fasching from Arcadia, The consensus of the joint sub- committees was to submit for each respective City Council's consideration a resolution approving the proposed roadway design concept as long as it did not include radical grade changes, e. g., completely eliminating the cross-gutters. Therefore, staff is submitting Resolution No. 5614 for Council's consideration. It is anticipated that on August 27, 1991, the Sierra Madre City Council will consider adoption of a similar resolution. Oliver Northcote, 830 W, Orange Grove Avenue, stated, in part, that he would like the Council to adopt the plan with change suggested by the Public Works Director, i. e" "consideration could be given to have majority of frontage along 830 W. Orange Grove Avenue at 15 feet from the center line to face of the curb, but leaving enough frontage at 18 feet from the center line to face of curb for trash pickup". To the east of his property, is an area with a gate, but no road, where the trash collection bins are left; this could be continued. The Public Works Director indicated that this would have to be a "no parking" zone, under these circumstances. Mr. Northcote indicated this would be acceptable 'to him. In response to a question from Councilmember Ciraulo, staff responded that the County would participate in this project by designing it for the cities. The c}ties have a concept which they would like to have designed, with a width varying from 15 feet to 18 feet from the center line. The County design standard is 20 feet from the center line, If they disagree and refuse to do the design, the cities would have to seek a consultant to do it, which would cos t money. However, if the County does not agree; the cities don't have to accept their design. Councilmember Young felt Arcadia should spell out what is wanted. Staff relied that this is described in the exhibit. Chervl Dickinson, 960 W. Orange Grove Avenue, Arcadia, stated, in part, that she has a petition with over 200 signatures that states the five concerns of the residents on Orange Grove. The plans indicate that the roadway near her residence will remain at the fifteen foot width which is what it is today. She would like to see the rest of it left at that width or at least what exists today, With regard to the trees that need to be root pruned, she would like to see the City hire a horticulturist 8/20/91 17 33:0238 who can guarantee this work be done without eventually killing the trees. The residents would like to see the dips remain, Their concern is the safety of the street and they believe if it is made smooth and wide, this will result in increased traffic and speed, She also feels a combination of the traffic device which indicates the speed of passing autos and the high visibility of police officers, especially during rush hours, will help reduce speeding. They do not want the speed limit increased. In response to a question from Councilmember Ciraulo, Mrs, Dickinson said the residents would prefer that the street be left as it is, but they'realize this is not feasible, and that it needs to be improved; they would like to see the curbs and gutters improved and the street slurry sealed. The Public Works Director responded that the street is in such bad 1 condition that it not feasible, Also, there is a need to widen the street because of the problems with the trash trucks on trash pickup days. Unless the street is 18 feet wide, cars trying to pass trash trucks, mail trucks or parked cars will cross the double line, This could put the City in a position of liability. In areas recommended to remain at 15 feet width, he is recommending "no parking". Mayor Gilb noted two additional letters received by Council from Leo B. Babich and Ben F. Smith who are in favor of the design concept. Art Lisbin, 300 W. Orange Grove Avenue, Arcadia, stated, in part, that he is Director of Child and Adolescent Health Planning, County of Los Angeles. One of his areas of responsibility is injury prevention. To his knowledge, there have been no accidents on Orange Grove Avenue during the last ten years, He is concerned that as the years have gone by, Orange Grove Avenue has gotten to be such a busy street. By widening and improving the street, he feels we are letting ourselves in for more accidents. The speed on the street is increasing. He is also concerned that a 100 year old oak tree on his property will be destroyed. He does not think the City should be concerned about the trash trucks; the trash company should figure out how to do it, He would like to see the street stay the way it is. Also, Baldwin Ave. to Santa Anita AVe. is a straight run -- if the street is redesigned, he would like to see some stop signs put there. Paul Niebe, 205 W. Orange Grove Avenue, Sierra Madre, stated, in part, that he would not want Council to assume that a majority of residents approve this plan. The portion from Baldwin Ave. to the City limits was originally designed to be 40 feet; it now exists at 36 feet, according to the plan. There is to be no substantial widening of that roadway; few trees will be affected. The residents very much appreciate that. The plans show considerable more widening on the portion from Baldwin to Michillinda. The widening would be in an 1 irregular pattern. He does not think this should be done to accommodate the trash trucks, the residents would prefer to give up their dumpsters. Most of the residents agree something needs to be done to improve the street. Don TaDer, 920 W. Orange'Grove Avenue, Arcadia, stated, in part, that he does not think the City's concern about safety with regard to the trash bins is valid, because if there is an 18 foot setback in Arcadia, it will invite parking from the Sierra Madre side to park on the Arcadia side. There will probably be no room for the dumsters, because they will have no control over the parking. The Public Works Director replied that the 18 foot setback proposed is not for the dumpsters, it is to accommodate any trash truck; the one that 8/20/91 18 'I' . 33:0239 picks up the dumsters is even wider. Mr. Taper said the street needs to be repaired; it does not need to be widened. John Devorche, 275 E, Orange Grove Avenue, Sierra Madre, stated, in part, that his property will be totally wiped out by this concept. The curb will need to be moved in three feet; this will wipe out three palm trees, mail box and a berm he built as a protection against flooding. Perhaps the street widening should be done on, the south side of the street where the curb line is eight feet back from the roadbed. He feels there will be a big garbled mess in front of his property and hopes Council will reject this design concept. 1 William Chiang, 305 W. Orange Grove Avenue, Sierra Madre, stated, in part, that it is important for Council to think about the process of decision. Three years ago he had heard that the City of Sierra Madre in conjunction with Arcadia was asking the County to look at the design of Orange Grove. It is his opinion that this was because of funding; because of availability of federal funding. Orange Grove could qualify because it serves three cities. Countless meetings have been held. Council has to decide if they consider Orange Grove Avenue to be an asset. He loves the street and now he feels that environment is being threatened by engineering design. The trees are threatened, He requests that they do not widen the street or disturb the environment. Barbara Ouinn, 1444 Oak Meadow, stated, in part, that her house is on a corner. She does not feel there is a lot of trash truck activity on Orange Grove Avenue. They have seen an increase in traffic and speed, and she feels widening and improving the road will only make it worse. She would like something done to slow traffic, perhaps dips or stop signs. Mayor Gilb stated that this project was started about sixteen years ago and outlined briefly the history of the project, including the fact that originally Orange Grove Avenue had been located between two supervisorial districts, but is now in one district. He also described the funding problems that have been encountered. If this project were to be turned over to the County, they would widen and improve the street according to their standards. The cities are endeavoring to improve the street without destroying its environment. He feels it is an excellent plan. 1 Mayor Pro tern Harbicht stated that there is confusion in thinking that the City is trying to meet the County standards; because this design actually does not meet those standards. The City Councils of Arcadia and Sierra Madre have been trying to find a compromise in improving the street and also meeting the concerns of the residents. The result is this design being considered this evening which he considers to be an excellent design. This is not a private street; it is a public street and the City has to consider the driving public and the street as they consider every other street in the City. To suggest that it be left in horrible condition in order to keep the traffic slow and off the street doesn't make sense, There is also a question of liability. He feels this design is an excellent compromise, and he would like to see the street improved in a proper manner. Councilmember Ciraulo noted that everyone agreed that the street needed to be improved. He is not sure that widening the street is what should be done. In response to Councilmember Fasching's request, Chervl Dickinson, 960 W. Orange Grove Ave, returned. Councilmember Fasching said it had been his first impression that most of the residents on Orange Grove Avenue were more or less pleased 8/20/91 19 RESOLUTION NO. 5614 (ADOPTED) O:;!, \~:.. -/0 33:0240 with the design concept. Now he is under the impression that the residents want to leave the street as it is if it were to be repaved. Mrs. Dickinson replied they know that cannot be done. She has a lot of neighbors who are comfortable with the design. She still does not understand the need to widen the street anywhere, She would like to see it left at its present width. There is the safety factor; they do not want to see traffic and speed increased and she thinks this would result with a wider street. In reply to her questions, the Public Works Director said the proposed turnouts would not be painted red for "no parking"; parking hours would be posted. Discussion ensued about the rolled curbs, the fact that there are to be no turnouts on the Sierra Madre side of the street and the questions of liability in event of accidents, Harvev Hvde, 740 W. Orange Grove Avenue, stated, in part. that 1 it is unanimous that there is a road problem. Also, it is unanimous among the home owners that they would like the width to be unchanged. He would like to recommend that the street be resurfaced and that the width be kept the same. The Public Works Director noted that, with regard to root pruning, the professional opinion of the horticulturist is that the trees will not die. With regard to speeding vehicles, it has been his experience that the best mitigation of speeding traffic is enforcement. The large 75 year old oak tree someone mentioned will not be affected. Any widening will be done within the current right of way. The public right of way is 50 feet, This is a preliminary design; specific problems will be addressed at a later date. It was MOVED by Councilmember Young that Resolution No. Mayor Pro and CARRIED 5614 be and tern Harbicht, seconded by on roll call vote as follows it is hereby ADOPTED, Councilmember Fasching stated that he agreed that, once improved, the section between Baldwin to Santa Anita will become a "freeway" I and will need stop signs to slow the traffic, The trash trucks cause a lot of the problem. He feels Council has tried to be as accommodating as possible in this design and reconstruction of the roadway. He will have to vote in favor because it accomplishes almost everything with the least amount of impact. Once it is accomplished, probably it will not'be as objectionable as imagined. Councilmember Young agreed that she would like it to look the way it does; but the area needs the curbs, needs to control the water in event of a flood. In looking at the cut-outs, she thinks they will look more natural than a straight line. The Cities need to move ahead and improv~ the street. Councilmember Ciraulo pointed out that curbs could be put in and the drainage improved without widening the street. In 1 response to his question, the Public Works Director thought it would be difficult. Councilmember Ciraulo felt widening the street will change forever that section of the City. He does not think it need be done that way. The Public Works Director presented and read the title of Resolution No. 5614: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ROADWAY DESIGN CONCEPT FOR THE IMPROVEMENT OF ORANGE GROVE AVENUE AND AUTHORIZING PREPARATION OF ROADWAY IMPROVEMENT PUNS, SPECIFICATIONS AND ENVIRONMENTAL DOCUMENTS" AYES: NOES ABSENT: Councilmembers Fasching, Councilmember Ciraulo None Harbicht, Young and Gilb 8/20/91 20 1 1 10. lOa. ORDINANCE NO. 1939 (NO ACTION TAKEN) o ~>,J(': 0 50 Cr~p :+, lOb. ORDINANCE NO. 1942 (INTRODUCED) 0'-170 ~ 0.2 lOco ORDINANCE NO. 1947 (ADOPTED) O~-~O-70 2/-1/ _(')1) ~I 10d. ORDINANCE NO. 1948 (ADOPTED) O~~r) . ?tJ 2 q/ _ ('1.'.'- '. ", ',,'r 33:0241 CITY ATTORNEY Oqlinance No. 1939: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A CHAPTER 9,4 (4940 ET SEQ.) TO THE ARCADIA MUNICIPAL CODE RELATING TO SALE AND POSSESSION OF AEROSOL SPRAY PAINT AND DYE CONTAINERS BY ANY BUSINESS OR ESTABLISHMENT OFFERING SAID CONTAINERS FOR SALE TO THE PUBLIC", Following information from the City Attorney to the effect. that most of the provisions of the above numbered Ordinance have been enacted by the California State Legislature under Penal Code Sections 594.1 and 584.5, NO ACTION WAS TAKEN ON THIS ORDINANCE. The City Attorney presented for introduction and read the title of Ordinance No. 1942: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING CHAPTER 9 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATION OF ALARM SYSTEMS". It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1942 be and it is hereby INTRODUCED. Police Chief Neal Johnson was present and stated, in reply to questions from Council, that he is in favor of the $2'00 assessment for second and subsequent robbery false alarms and that the Police Department answers a large number of such false alarms. He also noted that an alarm in a situation where there is probable cause would not be counted as a "false" alarm. He agreed with the provision authorizing deactivation of an alarm system after seven or more false alarms in a 365 day period, AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney presented and read the title of Ordinance No. 1947: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-9l-004, REMOVING THE "H" HIGH RISE OVERLAY FROM CERTAIN C-2 AND COO DH ZONED PROPERTIES LOCATED IN WEST ARCADIA (PER THE ATTACHED EXHIBIT)". It was MOVED by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1947 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney presented and read the title of Ordinance No. 1948: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-91-005, CHANGING THE EXISTING ZONING OF C-2 H AND CoO DH TO C-2 H4 AND CoO DH8 FOR CERTAIN PROPERTIES LOCATED IN WEST ARCADIA. 8/20/91 21 10e. ORDINANCE NO. 1950 (INTRODUCED) /Old..2o Ct EnU'" 10f. RESOLUTION NO. 5608 (CONT'D TO Sept. 3,1991) o ~,,,() -.;;C 109. RESOLUTION NO. 5613 (ADOPTED) ()'30-"'>CJ 10h. RESOLUTION NO. 5615 (ADOPTED) () '3 (:.; .. 10 / (J, /- i {.j -JPI-,' 33:0242 It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1948 be and it is hereby ADOPTED, AYES: and NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht, Young Gilb None None The City Attorney presented for introduction and read the title of Ordinance No. 1950: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 9111.8 REQUIRING PAYMENT OF SUBDIVISION FEES FOR COUNTY ENGINEER SERVICES". I t was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Ordinance No. 1950 be and it is herey INTRODUCED. 1 AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Resolution No. 5608, providing for fringe benefits and related compensation for Officers and Management and General Employees of the City of Arcadia CONTINUED TO THE SEPTEMBER 3, 1991 CITY COUNCIL MEETING. The City Attorney presented and read the title of Resolution No. 5613: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5572 ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFICATION OF VOLUNTEER SERVICES COORDINATOR IN THE POLICE DEPARTMENT". It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Resolution No. 5613 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5615: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROVIDING FOR THE ADMITTANCE OF THE CITY OF FULLERTON TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY". 1 It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5615 be and it is hereby ADOPTED. Jim Dale, Finance Director was present to reply to a question from Mayor Pro tem Harbicht to the effect that cities joining the Independent Cities Risk Management Authority at a later date such as this, do not come in at the same monetary level as the previous member cities. There is a period of time during which they may catch up. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: 8/20/91 22 1 1 11. 12. FASCHING (Billiard Parlors - CPD-l Zone) 13. ADJOURNMENT (Sept.3,199l - 7:00 p.m.) ATTEST: Alford, J J 33:0243 MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Requested that the Planning Director provide a report to the City Council as to the possibility or appropriateness of removing billiard parlors as an allowed use in the CPD-l zone. At 11:35 p. m,. the City Council ADJOURNED to 7:00 p. m.. Tuesday. September 3, 1991 in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation and evaluation of properties, 8/20/91 23