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HomeMy WebLinkAboutDECEMBER 1,1987 29:0333 / CITY COUNCIL MINUTES ARE TAPE RECORDED P,ND ON FILE IN THE OFFICE OF THE CITY CLERK 1 1 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) .~\;' " ' \. MINUTES CITY COUNCIL O~ THE CITY OF ARCADIA and t."e ARCADIA REDEVELOPMEn ,ll,I?ENCY REGULAR MEETItiG DECE~iBER 1, 1987 .>>< r, " 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. ., " ~- ,~. 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. 12/1/87 -1- 29 :0334 "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 12/1/87 -2- 29 :0335 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. 1 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. 1 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. 12/1/87 -3- 29 :0336 ~ 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. 12/1/87 -4- 29:0337 I 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. 1 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 -5- 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. !\] 3. ..."Vl.JJU 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 I 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. 12/1/87 -6- I I ._____1 1 1 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 > -...:.. -7- 12/1/87 Sf. DESIGN REVIEW (300 E. Huntington) (Reta il Shopping Center) (APPROVED) ~_ )..,J / '"' '- '[\ I.J...." 5g. 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 -8- 1 1 6. 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 -9- 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) ~ ~ "' Ii - ~ 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) '.' . " ~:.~I 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 ;") --- l2/1/87 -14-