HomeMy WebLinkAboutDECEMBER 1,1987
29:0333
/ CITY COUNCIL MINUTES ARE TAPE RECORDED P,ND ON FILE IN THE OFFICE OF THE CITY CLERK
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INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Nov;P,
1987)
(APPROVED)
ORD. 8 RES.
READ BY
TITLE ONLY
l.
PUBLI C
HEARING
(LA. 87-15)
(ADOPTED)
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MINUTES
CITY COUNCIL O~ THE CITY OF ARCADIA
and t."e
ARCADIA REDEVELOPMEn ,ll,I?ENCY
REGULAR MEETItiG
DECE~iBER 1, 1987
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The City Council and the Arcadia Redevelopment Agency met in a
regular session December 1, 1987 at 7:30 p. m. in the Arcadia
City Hall Council Chamber.
Rev. Tom Farley, Associate Minister, Church o~,the~Good Shepherd,
Councilmember Mary Young
PRESENT: Councilmembers Chandler, Harbicht, Lojeski,Young and Gilb
ABSENT: None
On MOTION by Counci1member Chandler, seconded by Councilmember Young
and CARRIED, the Minutes of the Regular Meeting ,of November 17, 1987
were APPROVED.
It was MOVED by Council member' Lojeski, seconded by Council member
Harbicht and CARRIED that Ordinances and Resolutions be read by
title only and that the reading in full be waived.
Consideraticn of Text Amendment 87-15 limiting adult entertainment
establishments to the M-l and M-2 zones subject to specific'locaticnal
requirements and a Conditional Use Permit. Staff advised that there
is substantial evidence that the proliferation of adult entertainment
establishments throughout a city and/or their concentration in any
one zone causes adverse land use impacts on adjacent residential and
commercial zones. Therefore this Text Amendment was initiated by
the City because its existing regulations do not sufficiently regulate
such establishments (or busines~~s). The proposed amendment will
limit adult entertainment establiShments to the M-l and M-2 zones,
subject to certain locational ~~quirements and a Conditional Use
Permit. The Planning CommissioN at. its ~ovemc~r 10, 1987 meeting
voted 4 to 0 with one member abSent t~ ~eccmme~d to the City Council
approval of this Text Amendment. A N~g3tive Declaration has been
prepared.
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The City Attorney added that there are certain legal require-
ments concerning this type of locational restriction,'his remarks
would be sUj:'p1emental and stated for the r'E:cord: "Let 'me add that
a couple, of loose items were sent out to the City Couhcil. These
ere studies c'oncerning the effect of adult entertainment on land use.
One of these studies is a study for St. Paul, Minnesota which was
completed in 1987. Another study which is part of the record is a
study of the effects of the concentration, of adult e'ntertainment
establishments in the City of Los Angeles in 1977. At the Planning
Commission meeting an Arca,dia pol iCE, cfficersiJpplell)entec'"those
reports. His testimony is in the Minutes. Those studies' are part
of the record in order to help legitimatize the findings that are
before the Council.
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"In addition to findings'of cities elsewhere, let me refer to
a specific experience here in Arcadia concerning businesses that
come under the definition of adult entertainment establishments.
This involved two acupressure establishments which existed in
Arcadia, one at 145 N. Santa Anita Avenue and the other one at
131 E. Huntington Drive. Commencing on page 51 of the agenda
materials are the findings of the decision of the City Council
revoking the business license of these establishments. One of
those revocations was sustained when we were taken to court and
the other one was never tested in court. Those two businesses had
their licenses revoked for cause and the cause involvedithe commital
of various crimes alleged to have occurred on the premises inclcd-
conspiracy to commit pimping and pandering, disorderly conduct and
keeping a house of prostitution I don't mean to indicate that all 1
acupressure establishments have such uses, however, the experience
~ie had in Arcadia with those two establishments indicated the commital
of various acts of that nature which were illegal,and had a negative
effect on the neighborhood and blighting effect on the immediate
environment. Those two instances are matters of record as indicated
in the agenda materials. In conclusion, based only en the studies,
the experience of other communities and viewing this in the context
of the type of commun ity that P,rcacti a is in a 1 and use sense and its
general character' as a community, we believe that the restrictions
before you are legally sustainable."
Councilmember Chandler requested the City Attorney to go over the
First Amendment aspects of this matter. The City Attorney stated
that "like most cities including El Monte, Duarte ar.d othe.rs in
California .., these are permitted uses bec~use it is assumed that
they are legitimate businesses. You can always police them through
the Police Department or whatever, but they are deemed to'be legitimate
businesses and if there isn't anything in the zoning code they would
be deemed to be lE'gitimate uses in a commercial zone. So we have had
a moratorium in effect for almost two years regarding these uses while
we studied it, but we cannot continue that moratorum. In lieu of that,
if we dop't have this type of restriction what we are talking about.
would be a permitted use throughout commercial zones of the City.
Because of the studies we don't want that to happen. ~e are not
only provicing a limited zone for their ~se but over and above that,
they must ~et a Conditional Use Permit. Otherwise they would be
permitted uses. Under' the First Amendment we can restrict them
locationally. This was decided by the Supreme Court in a recent
case as long as our regulations are reasonable and don't completely
preclude them from being in the City."
Councilmember Young inquired of staff if the unzoned section was next
to the golf course. Staff replied it was next to the spreading basin.
Mayor Gilb also remarked that each business would still have to obtain
a Conditional Use Perm.t
Mayor Gilb decl ared the hearing open,
Harold Johanson, Planning Director for the City of El Monte, 11333 -I
Valley Blvd., El Monte, stated, in part, that the City of El Monte
is concerned about this because the area under discussion is close to
El Monte residential areas. The El Monte City Council wondered if
the proposed amendment might be amepded. Arcadia's ordinance is
similar to that of El Monte which has struggled with the adult entertain-
ment problem for many years. El Monte appreciates Arcadia's concer'ns
and attempts to deal with them. They supported most of the findings in
the report -- it is a well written report ... and it dealt with a
number of the problems that ha VE. ceme up in El Monte as well as in
other cities. El Monte has had some of the same proble'ms the City
Attorney spoke about with respect to acupressure businesses and
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other kinds of adult businesses ... and are having some problems
now. Basically what the E1 Monte City Council would like Arcadia to
consider is extending the ,locationa1 requiremer,1.s for proximity to
residential from 500 feet to possibly 1,000 feet. However, 1,000 feet
may preclude any area and it is recognized that Arcadia cannot do
that. It appears that 750 feet would allow a reasonable area for
that type of business and at least from the material that we haH,
been able to take a look at quickly. Basically, the message being
relayed from the E1 Monte City Council is to keep it as far away
from the residential areas of E1 Monte as possible.
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Councilm~mber Harbicht inquired if the E1 Monte ordinance stated
500 feet. Mr. Johanson agreed that it was 500 feet, but said there
was e difference in that E1 Monte allows it only in M-2 zones, whereas
Arcadia will allow such businesses in M-1 and M-2 zones. Areas of
industrial use in E1 Monte are larger and more diverse: Arcadia
has' a relatively small area zoned M-1 and M-2. In E1 Monte there
are two large areas of M-2 -- Flair Park area along the freeway and
in the NW portion of the City along Baldwin Avenue. The NW area has
a scattering of residential uses. Non-conforming residential uses
in some of the industrial zones. Flair Park is entirely business.
Betty Lowes, 14122 Chi1cot Street, Baldwin Park, stated, in part,
that she lives close to the area in question. She has children and
~randchi1dren also living in the home. ,Limiting the number of these
adult businesses is not what they want; they do not want them at all.
The two year study referred to by the City Attorney concludes that
these businesses lead to an increase in blight, deterioration and
crime. Arcadia has no right to burden E1 Monte with these probl€ll's.
Also this, adult business zone is across the street from a fishing
and picnic area. Young children frequent these areas. Arcadia
shaul d be more concerned wi th E1 Monte nei q~,bon. Counc il member
Harbicht submitted that Arcadia cannot pass a law to preclude these
businesses entirely in the City. This zone is where they would be
allowed ... Arcadia is not inviting them in. E1 Monte has the same
law. Arcadia is not doing anything that E1 Monte has not done. Mayor
Gi1b also said that E1 Monte allows such businesses within a 500 ft.
proximity to residential area.
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Michael Raymond, Principal, E1 Monte School District, stated, in part,
that there is a school on Cherry1ee which is close to the city boundary.
This will be greatly affected by Council's decision.
Mary Ann Power, 11902 Roseg1en, El Monte, stated, in part, that she
is concerned that Arcadia is moving this into her back yard. There
are families and children living very close to this area. People in
E1 Monte are just as concerned about this problem as people in Arcadia.
She has a daughter who takes the bus to school three blocks from
where Arcadia is talking about placing this center. If children
are injured by blight as a result, she will hold the Arcadia City
Council respcnsit1e. It should be put closer to the Arcadia Police
Department. Flair Park in E1 Monte which is zoned for this has
no residential area. The area under discussion is within four blocks'
of a high school and E,lementary school. Also it is far from the
Arcadia Police Department and asked if E1 Monte would have to police
it. Councilmember Young said she was sure the Police Department could
handle it adequately. Mayor Gi1b inquired if she had gone to the
El Monte City Council meeti!lg when this was discussed in that city.
Answer was - no - but the area zone was co~r.ercial or industrial -
not close to residential. She is concerned about the children. Mayor
Gilb said Arcadia is not doing this because they want to.
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~ Robins, Assista~t Principal, Arroyo High Schoc1, statec, in
part that he is representing the higt school and the school district.
They are greatly concerned about the placement of this zone in an
area that is adjacent to a residential area. Should be aware of
several things, first of all there is the Arroyo High School district --
all studen~between Live Oak and the river are in that district. The
Arcadia High School district does not go into that area even though
it is Arcadia. They are greatly concerned about this being in close
proximity to the school. It is within L - 3 blocks of a large
condominium developll'e,nt and all the homes along Rio Hondo Parkway.
They would certainly like the Council to consider this very carefully
and the prob~€'ms it might create.
Burt Morgan, 11612 Rio Hondo Parkway, E1 Monte, stated, in part,
that he thinks this is the first time Arcadia has compared itself 1
or its problems to E1 Monte. He has just heard about this arid has
not read the proposed ordirance. He manages' a business on Peck Road -
5400 Peck Road. 5417 is in the City of Arcadia -- very close. He also
speaks for the owner of the business as well as fer himse1L lhey
are totally oprcsed to it not only because of the residential area
and because it is close to the business. Will not be nice for
persons to drive by while coming to their business. He realizes it
is a problem -- First Amendment rights are important. He does not
have a solution, but has a question about ~he zoning in Chicago Park.
Staff replied that it is M-1 and M-2. Mr. Morgan inquired about the
area around First Avenue \\hich is M-1 only. Why is First Avenue not
included and tte ordinance expanded to M-1 and M-2? Staff replied
that thel'e, is also a provi s ion that says it can not be withi n a
certain distance of corrmercial areas and there is a great deal of
conrnercia1 ,in that area. Mr. Morgan asked if it would cover
commercial as well as residential in El Monte? Answer was it
would be treated the same. First Avenue would not be included
because of the distance requirements.
Councilmember Harbicht explained that if an area is zoned for
manufacturing it will be allowed but no closer than 500 feet ,from
resi~ential zone or a commercial zone. Mr. Morgan said it seems
that 'Chicago Park has always been a kind of dumping ground for
Arcadia and he gue,sses it will continu~, to be. The City Yard was
recently relocated there right up against homes in El Monte. Mayor
Gi1b said he would not agree -- there are a lot of ,nice busiresses
down there. City is doi~g the best,it can.
Maril~ Johnsc,n, 11819 Rio Hondo Parkway, El Monte. stated, in part.
that she wished Council to be referred to the recent ~hite House
Child Protection Agency statements. Has been watching tte child
porncgraphy issue. There are seven recommendations from the Attorney
General concerning children. There is a high school and a grade
school close to this proposec zone. There is the problem of missing
children -- all of this ~oes along with this problem and the different
1 aws. Peop'j e need to watch out. for the chil dren. The Ci ty Attorney
stated that if she is really concerned about the children in a general
sense, then she shculd be for an ordinance like this tecause this '1
ordinance is going to eliminate these uses in all commercial zones
in the lity. Would apply to the, entire City and is one of the mc,re
restrictive ordinances that can be applied to limit these types of
uses. The City is also concerned about pornography and children which
is why this restrictive ordinance is being considered. Mrs. Johnson
asked how long it would take to get a store out of that area if it
were violating the law. The City Attorney replied that Arcadia has
been very efficient in eliminating improper uses if they violate
laws or become a nuisance. Two acupressure establishments in
Arcadia had their business licenses revoked by the City. Arcadia
acts about three times faster than the City of Los Angeles has.
Arcadia is. very efficient in this regard, Mrs. Johnson inquired
about the prot,l em of chil dren bei ng in these estab 1 i shments. The City
Attorney replied that this would te in violation and the City would take
immediate action. Mayor Gilb noted that the City of Arcadia did not
even allow pin ball machines in the Arcadia mall.
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Dean Evans, 5014 N. Peck Road and owns property at 1550 Clark, stated,
'In part, that he is concernE'd abclJt: the property ValliE'S in the area
if this c:rdinanc,F. is passed. Has seen this as a problllll1 in La Puente
and also on Valley Blvd. and East of the 605 Freeway. Such businesses
have done nothing for the neighborhoods ... have deteriorated. Is
City prepared to lower(rates if value is reduced? Councilmembo'
Harbicht referred to the property values in Flair Park. El Monte
has the same ordinance. His impression is that it has had no effect
on the propr:r'ty values in Flair Park. In fact, ~roper''';y seems to be
increasing in value. Mr. Evans said he was not prepared this evening
because of the way this is handled as a Text Amendment. None of the
proprty owners were notified. ,This has misleiid a lot of people. Council.,
member Harbicht replied that notice had been placed in the local news-
paper. City had met all legal requirement~ for publication. City
could not be responsible for what the free press reported. L.egal
notices are paid for by the City to be publi~hed. In the event some
business comes in for a Conditional Use-Permit then neighboring property
ownen wculd be ,notifip.d by mail. Mayor Gilb noted that property values
'in Chicago Park are scing up not down. Mr: Evan~ also does not think
that type of traffic going through El Monte close to schools and down
Ped Road would be good for the are'a,.
Lanc~ Willis, 435 Genoa, Monrovia and business at 11765 Goldring
stated, in part, that he did not' feel that the property owners had
been notified; that they were notified ouickly enough if any codes
were violated. He feels that the area is improving and if this matter
is approved tonight it will not help to continue improvemett. Property
owners should not be hurt by the decision Mayor Gilb,noted that the
City has been tryi ng to improve Chicago Park, Council member Harbi cht
asked staff to again explain legal noticing procedure, which was done.
Councilmembo' Harbicht said the City is not trying to sneak things
through. All cities follow the same prccedure.
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No one else desiring to be heard, the heal"ing was CLOSED on MOTION
by, Council member Chandler, seconded I:-y ,Councilmember Young and CARRIED.
Mayor Gilb said perhaps they could change the ordinance from 500 feet
distance to 750 feet. Councilmember Young inquired what the:maximum
footage would be. The City Attorney replied 1,000 feet ~:ould probably
preclude any business being locatec there -- which is unconstitutional
and would preclude the ordinance being legal. 750 feet would be the
mo~t you could take a chance on; 500 feet best from legal standpoint.
Councilmember Young said she would move 'to' pass the ordinance in-
creasing the distance to 750 feet. Council member Chandler said that
it is very appealing to go to the 750 feet and Mr. Johanson sppke
very educatedly about this matter and he would like to grant his
request. However, does this put the City in a shakey position?
The City Attorney said it was speculation on how a court would view
it. 750 ft. is more restrictive and is also at variance with what
most cities have done ... El Monte included. Opposing attorney
would probably bring this up.
It would be a tougher time defending the 750 feet restriction, but is
possible. 500 feet makes it a little stronger in court. Councilmember
Chandler said he did not think there was any point in making laws
that were not enforceable. Cannot do the 1,000 feet. Would prefer
to have a good law. Questioned if a business would really get
established down there once they go throug~ all the procedures,
Conditional Use Permit, etc. Does not want the law to be thrown
CJL't. li;ayor Gilb asked if it were passed at 750 feet and d,allenged
in court, could it not just be put back to 500 feet? Th~ City
Attorney said a new ordinance could be passed using the 500 feet
figure. Council member Harbicht said his concern was if we make it
750 feet in contrast to the 500 feet in other ordinances, Arcadia
might end up being a test case ... groups, ma,y war,t to test these
ordinances. City will have to defend in court ... Arcadia spent
many thousands on newsstand case. Councilmember Chandler said that
was a point because this whole industry is backed by big money_a~d
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12/1/87
2.
PUBLI C
HEARING
(T.A. 87-16
- Office
Space in Staff repcrt presented which set forth that the Planning Commission
Industrial at its November 10, 1987 meeting voted 4 to 0 with one member absent
Zones) to recommend to the City Council approval of this Text Amendment 87-16.
(APPROVED)~ The C-M and M-l zones set forth specific uses permitted in each zone.
, )Because the coce does not specifically identify a percentage that
~. \'may be related office use, there are no guidelines to identify
~ when an office use becomes more than just incidental to the industrial
"' use and a higher parking ratio cannot be enforced.
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they will come after this if they see their business being encroached
upon by City' laws. The City lost the newsstand case. However, the
City Attorney advised that the, City had won the newsstand case.
It was then MOVED by Councilmember Young, seconded by Ccuncilmember
Lojeski and CARRIED on roll call vote as follows that Text Amendment
No. 87-15 be APPROVED with the distance restriction to be 750 feet
proximity to residential; the Negative Declaration approved and filed;
and find that the Te,xt Amendment will not have a significant effect
cn the environment and direct staff to prepare tte appropriate,
ordinance with findings for introduction.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Lojeski, Young and Gilb
Councilmember Harbicht
None
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Consideration of Text Amendment 87-16 establishing a maximum
allowable percentage of floor area set aside for office space in
industrial zones.
Councilmember Harbicht inquired if this Text Amendment were not to
establish maximum office use, but just to define parking use. Staff
replied that was true --'not allowed to have general office space.
Such buildings providing a larger amount of office space should
provide more parking spaces.
Mayor Gilb declared the hearing open and no cne deSiring to be
heard, the hearing was CLOSED on MOTION by Councilmember Lojeski,
seconded by Councilmember Young and CARRIED.
It was then MOVED by Councilmember Lojeski. seconded by Councilmember
Chandler and CARRIED on roll call vote as follows that Text Amend-
ment 87-16 be APPROVED: approve and file the Negative Declaration and
find that the Text Amendment will not have c significant effect on
the environment and direct staff to prepare the appropriate ordinance.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
None
None
AUDIENCE PARTICIPATION
Herb Fletcher, 175 W. Lemon, stated, in part, that he had been . 1
attending Planning Commission hearings and heard discussed the
matter of just how large a house can be built on a piece of proper~y,
and limiting the size' of houses on a lot. He felt it would be well
if people could have a better idea of what such changes would mean.
Perhaps the Planning Department could get pictures showing various
sized buildings on various sized lots which would be very helpful.
Staff replied that this matter would be discussed at the January 26,
1988 mee,tir,g and at that time visuals would be J;rovided.
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29:0339
4.
5.
CITY COUNCIL RECESSED IN ORDER TO ACT ,AS THE
ARCADIA REDEVELOPMENT AGENCY
Sa.
ROLL CALL
F-EESENT: Members Chandler, Harbicht, Lojeski, Young and Gilb
ABSENT: None
5b.
MINUTE
APPROVAL
(Nov.17,
1987)
(APPROVED)
0n MOTION by Member Harbicht, seconded by Member Loje$ki and CARRIED
the Minutes of November 17, 1987 were APPROVED.
5c.
LOT LINE Staff referred to a di sa9reement between Mr. Robert Low and the
ADJU5TMENT & Agency as to the record line separating Mr. Low's ~rcadia, Nissan
ENCROACHMENT property from the property to the west which has been acquired by
AGREEME~T - the Agency. Both parties have relied upon their respective civil
ARA - ROBERT engineers for their deterrrination of their respective lot lines.
LOW ~ The civil engineers have worked out a compromise or agreement and
(APPROVED) ~~\ Mr. Robert J. Low has accepted it. This compromise is consistent
, with the Emkay Disposition and Development Agree~ent. Even with
C," this property line adjustment in the Disposition and Development
() \~, Agreement; the westernmost showroom bui1dioa ,will still, encroach
'" onto Agency property. The Encroachment Agreement and Permit has
been accepted by Mr. Low. ' ,
It was MOVED by Member Lojeski, seconded by Member Young and
CARRIED on y'oll call vote as follows that the Agency approve the
Lot Line Adjustment Agreement and the Encroachment Agreement and
Permit attached to staff report, dated Decemrer 1, 1987 and that
the City Council approve Resc1ution No. 5834, both subject to minor
revisions approved by the Agency Counsel. (Reso1utionadopted
1 ater' in':thi s:meetil)g. )
AYES:
NOES:
ABSENT:
Members Chandler, Harbicht, Lojeski, Young and Gi1b
None
None
5d.
ARA
FY 1906-87
REPORT TO
STATE HOUSING
& COMMUN lTY
DEVELGF.
(APPROVED)
Pursuant to Ca1 ifornia Redevelopment !Law (Section 33080), it was
MOVED by Member Harbicht, seconded by Member Young and CARRIED on
roll call vote as follows that the Arcadia Redevelopment Agency
prese nt-the FY'1986~87 Hous i ng and Conmunity Development Report to
the Arcadia City Council for approval and authorization to transmit
it to HCD: that the Arcadia City Council approve the FY 1986-87
HCD Report and authorize staff to transmit it to HCD. (See page 9)
AYES:
NOES:
ABSENT:
Members
None
None
Chandler, Harbicht, Lojeski, Young and Gi1b
5e.
CONTRACT FOR This issue has come before the Agency previously. Two proposals have
SOILS TESTI~G been received, one from Ami Adini and Associ~tes/Apex Environwenta1
& REMOVAL and the other from Hekimian and Associates, Inc. Because of the
- NORTHSIDE _\ time constraints of the Emkay Disposition and Deve1o~ment Agreement
PROJECT SITE ~ and the fact that the Agency did not receive any bids the first time
(APPROVED) ^' through, the City Attorney has advised that we can operate with this
~ contract, under the Arcadia Municipal Code, Section 2844.1; that an
........--: uy-gency exists and allows the Agency to do s~ecia1 contracting fc,y'
these services. Both firms noted in report are capable and competent.
Hekimian is more experienced but Mr. Adini,used to work for them.
Using the Converse soils report and applying the proposal results
that were submitted to the Asency, it did a cost estimate of what
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12/1/87
Sf.
DESIGN
REVIEW
(300 E.
Huntington)
(Reta il
Shopping
Center)
(APPROVED) ~_
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ADJOURNMENT
29:0340
it would cost on both ~roposals and as far as the Agency can
determine at this time, both of the proposals will run in the
neighborhood of $50,000 -- most reasonable case. In the e~ent
that significant soils problems are enco~ntered, the cost will
go up in accordance with the unit schedule in the proposals.
In the event that there are cost overruns or significant soil
problems in the area <.It,d the Agency has to go to unit pric'Es, the
firm of Ami Adini and Associates is significantly less expensive
than Hekimian and Associates. The Agency recommends that it
contract with Ami Adini and AssociateslP,pex Environmental for
Northside soils removal work at a cost of $50,000 with costs
for laboratory tests, borings and drillings and other work as
set forth in the i r proposal da ted Nove'mber 29, 1987.
Member Harbicht inquired if this $50,000 cost assumed some level
of pollution. Staff replied that it does. It is not just for
testing, but for removal too. There is probably soil pollution
and will need to be some removal. Chairman Gilb inquired when
this would be started. Reply was Agency would proceed as soor.
as contract is approved.
It was then MOVED by Member Harbicht, seconded by Member Young and
CARRIED on roll call vote as follows that the Agency approve contract
with Ami Adini and Associates/Apex Envircnmental for'sofl~ testin9
and removal services on the Northside Project site and that the
Executive Director be authorized and directed to execute said
contract in form and content approved by the Agency General Counsel.
I
AYES:
NOES:
ABSEI\T:
Members Chandler, Harbicht, Lojeski, Younganc Gilb
None
None
Consideration ef Design Review for constr'uction of a 26,979 square
foot retail shopping center as part of the South Side Redevelopment
Project (Stanley J. Gribble's Arcadia Gateway Centre). This project
is being developed in conjunction with the Arcadia Redevelopment Agency.
Present were Mr. Jim Robertson and Mr. Archuletta, representing
Millard Archuletta Architects. Chairman Gilb inquired what color
the buil~ing was to be. ~€ply was it would be mocha color brick
and there would be control of the signage on the structure which
will be a white or light colored band that will be integrated into
the building itself. Chairman Gilb inquired further' if they ~'roposed
to util ize awnin!;s. Reply was that they were. They are proposing that
the awnings be brought up as a separate entity because they do not
know the extent of the specific tendencies. They feel the color and
shape shou1d be highly regulated.
It was then MOVm by Member Harbicht, seconded by Member Young and
CARRIED on roll call vote as follows that the Design Review for
retail shopping center be APPROVED under the following conditions: 1
that the prc,1ect comply ~rith all zoning and t.~ildin9 cedes, as -
establis,hed or modified by the City; U,at final approval be subject
to compliancE with requirements of the City Departments as listed;
and that the Design Review be in effect for one YEar as per ARA-126.
AYES:
NOES:
ABSENT:
Members Chandler, Harbicht, Lojeski, Young and Gilb
None
None
The meeting adjourned to 7:00;,p.:m., ,December 15, 1987.
12/1/87
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7.
7a.
HEARING
SCHEDULED
(Dee .15,1987)
29 :0341
CITY COUNCIL RECONVEI~Ei.i
CONSEfIlT IT EMS
SCHEDULED hearing for December 15. 1987 on Text Amenc,ment 87 -18
to add a one dwelling unit for each 2,COO square feet of lot area
density limitation to the R-3 Multiple-Family Zone regulations.
\"
7b., ,
LOT LINE ,'APPROVfD the Lot Line Adjustment Agreement (Attachment 2 to staff
ADJUSTMENT .~ report dated December 1, 1987) and the Encroachment Agreement and
& ENCROACH- ~ Permit between the Arcadia Redevelopment Agency and Robert J. Low
MENT P,GREE-/ " (Attachment 3 to staff report dated December 1, 1987), (See page 7. )
MENT - ARA "i...
& R. J. LOW
7c.
ARA FY 1986-87 APPROVED the FY 1986-87 Housing and Community Development Report,
REPORT TO and authorize staff to transmit it to the Housing and Community'
STATE DEPT. Development Department. (See page 7.)
OF HOUSING '. 1
& COMMUNITY, )'
DEVELOPMENT-<< "-
7d.
STREET
LIGHTING
IMPROVEMENT~,
(Naomi Ave.-
Job No. 636)
1'\ ?
<<. .......J
7e.
TREASURER"S
INVESTMENT
POll CY
STATEMENT
FY 198i-88
8.
8a.
ARCAD!A
PAR-3
GOLF
COURSE
(Lease
with
American
Appro~Ed )
/ ,,}
"'
APPROVED plans and specifications and AUTHORIZED the City Clerk
to advertise for bids for the installation of street lights on Naomi
Avenue from El Monte Avenue to Santa Anita Avenue. A Negative
Declaration has been prepared pursuant to the provisions,of the
~alifornia Environmental Quality Act and was adopted. The estimated
cost is $26,230. The City will pay 75% of the installation cost and
the propErty owners will pay 25% of the installation cost plus 100%
of the future power ~nd maintenance costs through annexati0n to the
Lighting Maintenance District.
APPROVED City Treasurer's Investment Policy Statement for FY 1987-88.
Attached theret~ was an analysis of the current portfolio by instru-
ment type and term to maturity.
ALL OF THE ABOVE CONSENT ITEMS WERE P,PPROVED ON MOTION BY
COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER HARBICHT AND
CARRI ED ON ROLL CALL VOTE AS FOLLO~IS:
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
None
None
CITY MANAGER
At the City Council Meetirg of October 20, the Council directec
staff to further. review the proposals of Global Golf Company and
American Golf Corporation. In response, separate meetings were
held with representatives from the two firms at the Par 3 site
where both were given the opportunity to completely, explain their
plans for the course. In addition, the two firms had an opportunity
to submit additional information. After conducting this additional
review, staff advised that both proposers are quality operators who
rated very close in many categories, howev~r., based on the evaluation
and the review of all materials submitted, American Golf Company is
rated best qualified to operate and maintain the Arcadia Par 3 Golf
Course. '
12/1/87
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29:0342
Renderings were 'presented to the Council from both American and
Global for the clubhouse area. Mayor Gilb said he would like to
see some pY'ogram of reducer rates for seniors. Also, that any item
of age identification should be sufficient.
Sandy Burns, American Golf, 1366 26t.h Street, Santa Monica, stated,
in part, that his company appreciated the opportunity to make the
proposals. He felt the Golf Course had been neglect~rl over the
years. American has operated other facilities in the community and
they have adequate faCilities to guarantee quality. They offer dis-
count rates for seniors and juniors, but wish to limit the offer to
Arcadia residents. It would be hoped that all work outlined in the
proposal should be completec in a timely fashion the first year. Key
is service. Rates should be comparable, fair and reasonable. It
was noted that they operate 92 golf courses across the United States;
43 are leased from municipalities. They have never failed to meet
their commitments and would like the oPFortunity of serving the area.
Staff r-eport indicated cost of capite,l impro\'t;ments to be made and
!;Llaranteed rents. '
1
Councilmember Young inquired if they would use tne same club house.
Reply was they would but it would be reno,nted and the exterior
would be changed. Also the cracked asphalt would be removed and
replaced. The parking lot is to be resurfaced; light standards re-
placed and signage replaced. ' '
Steve Oh, President of Glob"l Golf Company, 16400 S. Prarie Avenue,
Lawnda Te, and Gene Moscaret, 1125 Encanto Drive', Arcad i a, stated, in
part. that Global prese~tly maintains and operates two Par 3 golf
courses ... one at the Alondra Complex and one at the Radisson Plaza
Hotel and GOlf Course in Manhattan Beach, Glob"l has wide experience
in leases with governmental agencies and has the ability to finance
the prcposed renovation project. It is presently planned to consty'uct
a new clubhouse with coffee shop and community room for senior clubs.
The new buildin!; would be constructed a distar'l:e c_way from the old
clubhouse so as to not disturb the daily golfing activities. The asphalt
would all be replaced; a new irrigation system woulc ce installed; also
lighting of the entire course. It was noted that senior citizens would
receive a discount. In response to Councilmember Young's inquiry, it
was stated that in addition to the new clubhouse there WOuld be a
coffee shop which could be utilized in addition to the clu~house if
the need presented itself. Mr. Oh furthel' ,dvi sed that Gl oba 1 is
prepay'eel to off~r $5,000 per mc.nth over a period of five years; $7,000
per month for, the next six to ten years... $720,000 for ten years
guaranteed to the City.
Councilmember Chandler subwitted that the two propcsals were excellent
and in reviewing the backgrounds of each, he wovld favor-American
Golf which has extensive experience in operating a golf course and
would favor staff's assessment (set forth in the re:port dated November I
19B7). .
Councilmemb€:r Harbicht said, in part, that he wished t.ne City had two
such golf courses ... that it is a difficult decision .., both companie
have experience in such operation; however, he was impressed with
American which would charge a lower fee per round and he would like
to have the lowest rate possible for the citizens. Based on all
aspects, he would vote in favor of American.
Councilmember Lojeski said, in part, that he visited golf courses
and his compliments go to both comFanies ... he was impressed with
the proposal of Global that they would go in and start over from
scratch. .-. yet one also looks at the t,ackground and experience
American Golf has. He would be interested in having staff explor'e
with American the senior citizen rate, etc. He also felt that
American has the experience of operating a first class golf course
-- something that has never been done at the subject golf cours.e.
He, too, wished there were two golf courses. 12/1/87
-10-
1
1
9.
"
9a. j
ORD"INANCE
~:O. 1873
(ADOPTED)
9b.
RESOLUTION J
NO. 5383
(ADOPTED)
.......u
~.
9c.
RESOLUTION
NO. 5384
(ADOPTED)
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Ii -
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29:0343
Council member ~oung said, in part, that ,she a~rees with the
comments made by the Councilmembers ... that it is indeed a
difficult decision ... however', she would go with American.
Mayor'Gilb agreed with what has been submitt.E'G, congr'2,tuliited all
those whc, have submitted proposalS and c(jl[lmended both American and
Global. In particular, Steve Bocian, Assistant City Manager, was
congratulated on his work in bringing the extensive professional
report to Council.
. Where~pon it was MOVED by Counci1rr~rrber Chandler, secopded by
Council member Harbicht and CARRIED on roll call vote as fellows
that staff be directed to meet with American Golf Company for the
purpose of developing an acceptable renovation program schedule
and for negotiating final lease terms.
AYES:
NOES:
ABSENT:
Councilmember's Chandler, Harbicht, Lojeski, ~oung an~ Gilb
None
fione
CIn ATTORNEY
'-
The City Attorney presented, explained the content and read the,
title of Or'dinance No. 1873, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A DIVISION 7
TO PART 8 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE
TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING RECYCL ING
FACILITIES" .
It was MOVED by Councilmember Harbicht, seconded by Councilmember
Chandler and CARRIED on roll call vote as .follows that Ordinance
No. lB73 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
None
None
The City Attorney pre~t:nted, explained the content and read the
tit.le of Resolution No. 5383, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING SPECIFIC
REPRESENTATIVES TO THE INDEPENDENT CITIES RISK f.4,ANAGEMENT AUTHORITY".
It was MOVED by Mayor,Gilb,seconded by Council member Young and
CARRIED on roll call vote as follows that Resolution No. 5383 be
and it is heret,y ADOPTED.
AYES:
NOES:
ABSENT:
Councilmember~ Chandler, Harbicht, Lojeski, ~oung and Gilb
None
None
'"
~ The City Attorney presented, explained the content and read the
,'. t1tlenof Resolution No. 5384, entithd: A RESOLUTION OF THE CITY
" COUt-I,CIL OF THE CITY OF ARCAOIA, CP.LIFORNIA, APPROVING, A PROPERTY LINE
ADJUSTMENT AGREEMENT AND AN ENCROACHMENT ~GREEMENT AND PERMIT".
It was ~:OVED by Council member Young, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that Resolutie,n
'. No. 5384 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT;
Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
None
~ione 12/1/87
-11-
9d.
RESOLL'TlON
NO. 5385
(ADOPTED) ~
J,\
/ ,,/
~
ge.
RESOLUTION
NO. 5386
(ADOPTED) 1"\'0
.J
~"
9f.
RESOLUTION
NO. 5387
(ADOPTED)
29:0344
The City Attcrney presented, explained the content ana read the
title of Resolution No. 5385, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING, OF A GENERAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDP,Y, II.PRIL 12, 1988. FOR THE ELECTION OF CEIUP.IN
OFFICERS GF SAID'CITY AS REQUIRED BY THE PROVISIONS OF THE CITY
CHARTH:" .
The City II.ttorney presented, explained the content and read the
title of Pesolution No. 5386, entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARCII.DIA, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE
REGISTRAR-RECORDER OF SAID COUNTY TO RENDER SPECIFIED SERVICES
TO THE CITY RELATING ,TO THE CONDUCT OF II. GENERII.L MUNICIPII.L ELECTION
TO BE HELD IN SAID CITY ON APRIL 12, 1988".
1
The City Attorney presented, explained the content ana read the
'Ytit1e of Resolution No. 5387, entitled: "A RESOLUTION OF THE
I.\~ CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE
,,<:J CANVA~,S OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 12th
~ DAY OF APRIL 1988 TO BE MADE BY THE CITY CLERK OF THE CIn OF ARCADIA."
9g.
RESOLUTION
NO. 5388
(ADOPTED)
"')
<( ".?
i
?
,\)
.".'
"
J-J....
The City Attorney presented, explained the content and read the
title of Resolution No. 5388, entitled: "II. RESOLUTION CF THE CITY
COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, ADOPTING REGULATIONS FOR
CAN['IDATES FeR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED
TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 12TH DAY OF APRIL,
1988".
It was MOVED by Councilmember Lojeski, seconded 'by Councilmember
Chandler and C~RRIED on roll call vote as follows that Resolutions
No. 5385, No. 5386, No. 5387 and No. 5388 be and they,are hereby
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gi1b
None
None
Considerable di~,cussion ensued on answers to questions propounded
by Council members re1aUng to a ballot measure which would be
submitted to the voters concerning con sol idating the future city
elections with the school e1ectic;Tjs. This matter had been con-
sidered previously and there are many unanswered questions at
this time. Staff will obtain this ,information -- whether or not
there would be any problem with the County if the City handled
both elections as one; whether the school would consent to the
City conducting the elections (which would begin in 1990).
Each Council member explained his position: Counci1member Chandler
was in favor of voting on the Resolution which would call for a Charter'
amendment on consolidation. Councilmember::Harbicht felt the ans~lers
should be received first as did Counci1member Lojeski. Mayor Gi1b
and Councilmember Young both said, in part, that they would not
, change their' negative positions.
12/1/87
-12-
1
AYES:
NOES:
'ABSENT:
~
"
91 . ~
CLAIN OF /. On recommendation of the City Attorney, the claim of H. HU9hes
H. HUGHES'( was DENIED on MOTION by Councilmember Young, seconded by Council-
(DENIED) member Harbicht and CARRIED on roll call vote as follows: '
9h.
RESOLUTION '"
NO. 5389
(CONTINUED)
1
9i. J
RESOLUT ION
NO. 5390
(SEE
, FOLLOWING
'? ACTIeN)
'I:)
~9j. J
'--RESOLUTION
NO. 5391
l..L (CONTINUED j
9k. )
RESOLUTION
NO. 5392
(CONTINUED)
MOTION TO
RECONSIDER /
RESOl UTI ON
NO. 5390
RESOL UTI ON
NO. 5390
(NOT ADOPTED)
1
9m. ......
APPlll',\TION
TO PRESENT I
LATE CLAIM "-
(ANTHONY,
ANTON 10 &
CYNTHIA MORA)
(APPROVED)
29:0345
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, CALLING AND GIVING NOTICE OF AN ELECTION FOR SUB-
MISsioN OF A PROPOSEDUP.RTER AMENDMENT TO CONSOLIDATE CITY
AND SCHOOL BOARD ELECTIONS COMMENCING IN 1990,TO BE SUBMITTED
AT THE GENERP,L MUNleI PP-L ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, APRIL 12, 1988." '
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED AT MUNICiPAL ELECTIONS."
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A
lI:RITTEN ARGUMENT .REGARDING A CITY MEASURE."
"A RESOLUTION OF THE CITY COUNIL OF THE CITY OF ARCADIA',
CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS."
It was ~OVED by Councilmember Chandler, seconded by Councilmember
Harbicht arid CARRIED on roll call vote es follows that Resolution'
No. 5389, No. 5390, No. 5391 and No. 5392 be continued and not be
considered at this time.
AYES:
NOES:
ABSENT:
Counci1members Chandler, Harbicht and Lojeski
Councilmembers Young and Gilb
None
It was the cunsensus of Council that a provision for rebuttal
arguments not be approved and it was MOVED by Counci1member Young,
seconded by Counci1member Harbicht and CARRIED that Resolution
No. 5390 be reconsidered.
jlt was MOVED by Counci1member Young, seconded by Councilmember
Harbicht and CJl,RRIED on y'oll call vote as follows that Rf:so1uticn
, No.5390, entitled: "A RESOLUTION' OF THE CITY COUNCIL OF THE CITY
COUNCIL OF THE CITY OF ARUmA, CALIFORNIA, PROVIDING FOP THE
FILING OF REBUTTAL ARGuMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS" not be adopted.
Counc i 1 members
None
None
Chandler, Harbicht, Lojeski, Young and Gi1b
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gi1b
None
None
,J
On recommendation of the City Attorney, t~e application to present
a late claim by Anthony Mora, Antonio Moro and Cynthia Moro was
APPROVED on MOTION by Counci1member Harbicht, seconded by Counci1-
member Young and CARRIED on roll call vote as follows:
PYES:
NOES:
ABSENT:
Council member's Chandler, Harbicht, Lojeski, Young and Gilb
None
None 12/1/87
-13-
9m. (contld)
CLAIM OF
ANTHONY,
ANTONIO
& CYNTHIA
MORA
(DENIED)
10.
11.
CHANDLER
12.
ADJOURNMENT
(Humason)
(Himel hock)
ADJOURN~'ENT
(Dec",l5,
19&1)
'.' .
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29:0346
On reconunendation of the City Attorney, the claim of Anthony Mora"
Antonio Mora and Cynthia Mora was DENIED on MOTION by Councilmember
Harhicht, seconded by Councilmembel~ Chandler and CARRIEu on roll call
vote as fo 11 ows :
AYES:
NOES:
ABSENT:
Council members Chandler, Harbicht, lojeski, )oung and Gilb
None
None
MA TTERS FRO~i STf.FF
None
MATTERS FROM ELECTED OFF fOALS ' 1
Council member Chandler said a lot of people ~ad beer, wanting tc, have
a first class golf course in the southern part of Arcadia and he felt
the agreement adopted this evening wa~ the right step in this direction
Councilmember' Lojeski adjournea the meeting in memory of Dorottly :(Dottie)
Humason. She was a resident of Arcadia for 34 years. She is survived
by her husband, Fete Humason; sons, Peter Michael Humason and Jason
Christopher Humason; her parents, Dorothy and Nebo Chasseur of Arcadia;
sister, Julie Byrer of Kailua, HI. Dottie graduated fr~m Arcadia High
School and U.S.C. School of Dental Hygiene. She was an active member
of Kappa Kappa Ganuna Alumni Association; Los Angeles Count~' Zoo Associa-
tion; Liaison for P.T.A. for Special Education; Santa Anita Little League;
and.a Cub Scout Den Mother. Memorial services were held at Forest Lawn,
Glendale, Wee Kirk 0' the Heather, November 16., 'Reverend Ed. McGuigan,
Pasadena Alliance ~hurch officiated. Eulogy hy President McEwan, Los
Angeles Temple. In'lieu of flowers, donations may be made to the
f\merican Diabetes Association. She will be missed.
Mayor Gilb adjourned the meeting in memory of Eleanor Himelhock. She
was an Arcadia resident long active with local youth and welfare groups.
Mrs. Himelhock had been a member of the Board of Directors of the
Arcadia Welfare and Thrift Shop since 1971 and was Chairman of its
Arcadia White Christmas program for three years. She also served as
Welfare Director at the shop. She was a past president of the Arcadia
P.T.A. Council and worked with both Boy Scouts and Girl Scouts. She
was also a past president of the Arcadia Coordinating Council. She
is survived by her husband, Alfred; two children, Mrs. Betty Ann
Lowan of Iowa and Edward Himelhock of Arcadia; two grandchildren;
her mother, Dottie Wilson of Big Pine, where: Eleanor was born; and
two sisters, Mary Thomas of Big Pine and Mrs. John McCarthy of ,Bishop.
Internment was private. She will be greatly missed in Arcadia.
The meeting adjourned at 9:45 p. m. to 7:00 p. m., December 15,
1987 in the Conference Room to conduct the business of the Council
and Agency and any Closed Session, if any, necessal'Y to discuss
rersonnel, 1 itigation matters and evaluation of proper'tiE's.
1
Gilb, Mayor
ATTEST:
~/~,
Christine Van Maani~ty Clerk
~rJ ;")
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l2/1/87
-14-