HomeMy WebLinkAboutAUGUST 20,1991_2
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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
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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-
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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
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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.
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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.
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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,
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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
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OPPOSED TO
THE APPEAL
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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.
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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,
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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,
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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
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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
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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.
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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