HomeMy WebLinkAboutJANUARY 19,1999
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CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE
OFFICE OF THE CITY CLERK
ROll CALL:
1.
2
28.
3.
3a
SANTA .ANITA A(
CEV. (Rare Trnck
& Pk'rg Let Site)
())-/'-D 1,)1
I'N4
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and lhe
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
January 19, 1999
The City Council and the Arcadia Redevelopment Agency mel in a Regular Meeting on
Tuesday, January 19, 1999, at 5:00 p.m. in the Conference Room of the City Council
Chambers.
PRESENT: Council members Chandler, Harbicht, Marshall, Roncelli and Kovacic
ABSENT: None
AUDIENCE PARTICIPATION
None.
CLOSED SESSION
Pursuant to Government Code Section 54957.6 to confer wilh City labor negolialors
Carol Przybycien, Dan Cassidy and William Kelly regarding AFFA.
At 5:03 p.m. the City Council RECESSED to the Closed Session. The Regular Meeting
RECONVENED at 5:37 p.m.
STUDY SESSIONS
City Manager Kelly opened a discussion of the informal meetings individual
Council members and slaff have held wilh the new owner of Sanla Anita Park, Mr. Frank
Slronach, who plans other uses for the site in conjunclion wilh live horse racing.
Council members related various discussions they have had with Mr. Stronach relative to
project ideas for this site. Mr. Kelly commented that a strategy for negotialing could be
developed to move the discussions along. In order to facilitate the potential project, Mr.
Kelly proposed the crealion of a sub-committee comprised of two Councilmembers and
City staff who would meet with Mr. Stronach or his representalives to express the
majority opinion of the Council regarding land use issues, rather than continuing on with
the one by one or two Councilmembers meeting with Mr. Stronach. This committee
would then meet with the full Council, consistent with the Brown Act, to report the
progress of the discussions rei alive to development of a project. To-date no definitive
project or plan has been submitted to the Cily.
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Considerable discussion ensued, Mayor Pro tem Chandler felt that Mayor Kovacic and
Council member Harbicht would best represent the Council on the proposed committee
because of their many years of experience on the Planning Commission. Also,
Councilmember Harbicht's considerable years as a member of the City Council dealing
with land use issues. He noted they are both well acquainted with design review matters
and the City's General Plan.
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41:0014
Mayor Pro tern Chandler MOVED to APPOINT a delegation of two City
Councilmembers, Mayor Kovacic and Councilmember Harbicht, and City staff to I
represent the City in discussions with Mr. Stronach or his representative, relative to a
development project at Santa Anita Park.
The motion DIED for lack of a second.
Further discussion centered on the procedures of such a sub-committee; status reports
to the other Councilmembers; minutes; the timeline of this process, etcetera.
Councilmember Roncelli questioned the substance of the status reports the proposed
sub-committee members might present to the rest of the Council, who will not be
present al the meetings with Mr. Stronach. Mayor Pro tern Chandler pointed out that
any other Councilmember could still have conversations with Mr. Stronach at any olher
time if lhey desired to do so.
Councilmember Roncelli MOVED to APPOINT Mayor Kovacic and himself to the
proposed sub-committee to meet with Mr. Stronach for discussions.
The motion DIED for lack of a second.
The City Manager said he would contact other cities for additional information regarding
procedures for the proposed sub-committee. A majority of the Council agreed that
consideration of the appoinlment of two Council members to said sub-committee be
continued to the February 2, 1999 Council meeting.
,
In reference to a discussion of whether or not Mr. Stronach expressed interest in
developing a portion of the site wilh residential condominiums, a majority of the Council
agreed that Mr. Stronach did indeed mention such a development in the northem I
portion of the race track parking lot. Slaff advised that Council previously directed staff
10 proceed with a text amendment to the Arcadia Municipal Code which would amend
the S-1 (Special Use-Race Track sile) zoning regulations by deleting any use on the sile
permitted in the R-O and R-1 zones. The Planning Commission consideration of this
text amendment (TA 99-D02) was tabled at its January 12, 1999 meeting because of the
change of ownership of the site. Staff noted that the General Plan does not permit
residential use in the S-1 zone and ifthe new owner wanled to develop such a project, a
General Plan amendment would be required.
Following discussion, a majority of the Council agreed that the zoning regulations
should be consistenl wilh the General Plan and it was MOVED by Mayor Pro tem
Chandler, seconded by Councilmember Harbicht and CARRIED on roll call vote as
follows to go forward with Text Amendment 99-002, amending lhe S-l (Special Use-
Race Track site) zoning regulations by deleting Arcadia Municipal Code Section
9273.1.1 -Any use permitted in zones R-D and R-l.
AYES:
NOES:
ABSENT:
Council members Chandler, Harbichl and Kovacic
Councilmembers Marshall and Roncelli
None
City Manager Kelly opened a discussion of City facility needs and financing options. A
Civic Center Master Plan was presented which incorporated a new two-story police
facility with an elevated parking deck; Arcadia Unified School District offices; a
gymnasium; and, offices for local state elected officials. The City Manager advised
Council of lhe many inadequacies of the police departmenl building, which was
constructed in 1956 and designed for a staff of thirty (3D) sworn employees and five (5)
non-swom. Currently the department is staffed with seventy-three (73) swom officers
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IN\fOCA. TION
PLEDGE OF
ALLEGIANCE
ROLL CALL:
3.
MAYORS
COMMUNITY
SERVICE
AWARD (Scott)
41:0015
and twenty-three (23) non-sworn employees. Staff has explored alternatives to
upgrading the station such as remodeling and adding onto it at a cost of $7 to $8 million;
a larger remodel with more space at 52,000 square feet with an estimated cost of $12.3
million; a new station on the Armory site... two stories with structured parking - $15
million; and, a three-story station with surface parking - $13.1 million. Mr. Kelly noted
there is a need also 10 remodel Fire Station NO.1. .
The City Manager displayed a chart of the Civic Center facilities with estimated costs,
and an auditorium with a parking structure to be located on School District property al
the current location of District offices. The estimated cost to construct all projects
presented - $35 million.
Staff determined the greatest need at this time is the police facility, the construction of
which cannot be postponed. The question of funding construction of a police station was
discussed... possibly Certificates of Participation (COP), a General Obligation Bond
issue (GO), or a Community Facililies District (CFD). The City Manager explained the
process required for each of these funding options. He reported the City could internally
finance a new police station under certain financial conditions. Mr. Kelly suggested a
community survey be conducted to find out whether or not the citizens would support
construction of a new police station and an auditorium, or just a new police facility.
Following the presentation lhe City Manager requested Council's permission to initiate a
needs assessment study for a new police facility and a secured parking structure. Also,
to begin work on a COP alternative for a station and if the City could internally finance a
new station? Staff will also provide the figures for a potential GO bond issue and a CFD.
Several consultants will be contacted for proposals (0 provide the requested information
regarding square footage and cost estimates for such. Council concurred.
At 7:00 p.m. the City Council RECESSED and RECONVENED in the Council
Chambers at 7:07 p.m.
Reverend Thomas Shriver, Emmanuel Assembly of God
Arcadia Police Department Chaplain
Amy Schwartz, Girl Scout Troop 864
PRESENT: Councilmembers Chandler, Harbichl, Marshall, Roncelli and Kovacic
ABSENT: None
The City Attorney announced the subject of the Closed Session held eartier this evening.
PRESENTATION
Mayor Kovacic presented the January,1999 Mayor's Community Service Award to
JoAnn Scott, stating that JoAnn has lived in Arcadia for almost 40 years and has been
active in the community for the entire time. She has been involved in every
organization and project in the City of Arcadia. Professionally JoAnn has been a full
time as well as substitute school teacher, newspaper editor, a public relations co-
ordinator and sales development assistant, she is currently the executive director for
the Arcadia Chapter of the American Red Cross. Mayor Kovacic noted many other
organizations for which Ms. Scott has volunteered her time and talent over the years.
Mayor Kovacic congratulated Ms. Scott and noted Arcadia is extremely fortunate 10 be
able to call her one of it's own.
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41:0016
MAYOR'S Mayor Kovacic presented the January, 1999 Business Recognition Award to Rob
BUSINESS Swanson, proprietor of the Outback Steakhouse Restaurant stating, in part, the Outback I
RECOGNITION Restaurant has made community involvement a high priority, playing an active role in
AWARD community affairs as part of their business. Their assistance and contributions are
(Swanson - greatly appreciated by many local organizations.
Outback Steak
House) On behalf of the City of Arcadia, Mayor Kovacic express appreciation to Mr. Swanson
and the Outback Steakhouse staff for being an outstanding corporate citizen, and
wishing Ihem many years of continuous success.
MAYOR'S
EMPLOYEE
RECOGNITION
AWARD
(Salazar and
Tobin)
Mayor Kovacic presented the January, 1999 Mayor's Employee Recognition Award to
Raul Salazar and Kevin Tobin from the Maintenance Services Department. They have
been recognized for their dedication to the City of Arcadia and commitment to
mainlaining high standards and outstanding customer service.
Mayor Kovacic noted, Raul Salazar is the City's street sweeper operator, he started his
carrier with the City in 1975, was promoted to Property Serviceman for the Planning
Division on 1976, and transferred to the Maintenance Services Department in late 1976.
The street sweeping crew went through lot of changes the past couple of years and
Raul is always willing to adjust in order to accommodate the special hours required 10
perform his job. His positive attitude is a reflection of the excellent quality of the work
he provides to Arcadia residents.
Mayor Kovacic stated, Kevin Tobin started his career with the Cily in 1977 as a
Maintenance Worker. He was promoted to Equipment Operator in 1989, and recently
Kevin promoted to foreman of the sewer crew. Since his promotion Kevin has worked
very hard to improve the maps which show the locations of Cily manholes and the
distances between each manhole.
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On behalf of lhe City of Arcadia, Mayor Kovacic thanked Mr. Salazar and Mr. Tobin for
their dedication in keeping Arcadia beautiful and well maintained.
7.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
8.
QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING
AGENDA ITEMS
Regarding Agenda Item 13e. On behalf of the Cily Council, Council member Harbicht
expressed appreciation to the Friends of Library for their monetary gift of $10,000.00 to
the Arcadia Public Library.
Council member Roncelli requested Item 13a. be removed from the Consent Agenda for
correction.
ORD. & RES.
READ BY
TITLE ONLY
9.
It was MOVED by Mayor Pro tern Chandler, seconded by Council member Marshall and
CARRIED that ordinances and resolutions be read by title only and that the reading in
full be WAIVED.
PUBLIC HEARING
9a. ,J ~.1>> .,,;)(y
GENRAL PLAN Consideration of the report and recommendation to approve proposed General Plan I
AMEND. change 98-003 at 324 North Second Avenue.
GP 98-0D3
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(324 North
Second Ave.)
(APPROVED)
41 :0017
Donald and Robert Johnson filed an application for a General Plan change (GP 98-003)
from Mixed Use Commercial/Multiple Family (MU-C/MF) to Mixed Use
Commercial/Industrial (MU-C/1) for their property at 324 North Second Avenue. This
property is the vacant parcel of land north of the City water tanks fronting on Second
Avenue.
The Planning Commission at its December 8, 1998 meeting voted 5-0 to recommend
approval of the requested General Plan Amendment to the City Council.
Prior to 1981, the General Plan designation for the subject site was Industrial and the
property was zoned M-1 (Planned Industrial District). In 1981, the General Plan
designation was changed to Planned Development Area (PDA) and the property was
rezoned CPD-1. In 1995, the PDA General Plan designation was eliminated and the
property was designated as Mixed Use Commercial/Multiple-Family (MU-C/MF).
A few years ago the applicants submitted concept plans for a 3-4 story 40,000 to 50,ODO
square foot office building on the site. With the downturn in the economy this concept
was abandoned. According to the applicant, "the physical isolation of the property and
low traffic count past the property makes it less desirable for commercial developmenl".
During the past year, the applicant has discussed other alternatives for this site,
including a public storage facility.
The applicants are requesting a change in the General Plan designation to Mixed Use-
Commercial/Industrial (MU-C/I). This General Plan designation provides areas within
which office, light manufacturing services and support retail may be developed within a
business park environment. Appropriate uses include professional offices, warehousing,
light manufacturing, as well as retail support uses such as print shops, office equipment
sales and service, office supplies and like services.
The current CPD-1 zone is consistent wilh this General Plan Designation. Because of
the isolated location, changing the general plan to Mixed Use Commercial/Industrial
should nol set a precedent that could be applied elsewhere.
Pursuant to the provisions of the California Environmenlal Quality Act, the Development
Services Department has prepared an initial study for the proposed General Plan
change.
Following the staff report, staff responded to Council's questions regarding the proposed
General Plan change. Council member Roncelli questioned the reason of General Plan
change for said property at this time.
Mayor Kovacic opened the hearing for public comment.
Donald Johnson, one of the owners of property located at 324 North Second Avenue,
stated in part, the Johnson family has owned the property for over 50 years. Last year
they explored alternatives and decided on the development of a self storage type of
facility, which was denied by the City Council. They do not have a specific plan at this
time, but the General Plan change will provide more flexibility to pursue the
developmenl of a public storage facility as a viable option.
In respond to Mayor Kovacic's question, Mr. Johnson stated, two years ago a proposal,
not generated by the Johnson's nor necessarily promoted by them, it make sense to
develop that area including water tanks and soforth for a Costco retail store. Further,
they were not actively involved in the roller skating rink development either.
No one else desiring to address the Council, Mayor Kovacic declared the public hearing
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10.
11.
MARSHALL
(Scott, Swanson
Salazar, lobin)
41:D018
to be CLOSED.
Council member Roncelli noted that he would like to see the City be more flexible when it
comes 10 development of property.
It was MOVED by Councilmember Harbicht, seconded by Councilmember Marshall and
CARRIED on a roll call vote as follows to APPROVE the General Plan change, GP 98-
003; and, DIRECT staff to prepare the appropriate resolution for adoplion at a later
meeting.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
AUDIENCE PARTICIPATION
Chris McClain, President of the Foothills Middle School PTA, stated in part that she was
present this evening with other supporters of the youlh of Arcadia to let the communily
know the good news about Arcadia schools and students. Foothill's Middle School has
been a Distinguished School winner for the past 12 years. Foothill's received the Golden
Bell Award from lhe California State School Board Association for outstanding projecl
adventure program. Two of the Foothills Middle School students won Arcadia School
District Refleclion contest, first dislrict level, and will go to the state competilion for
drawing and photography in art.
Foothill's Middle School also received technical grant from School District to purchase a
computer for the six grade class with an intemet access. Ms. McClain invited everyone
to see the Foothills Middle School Drama Department Wednesday January 27 and
Thursday January 28, 1999.
MATTERS FROM ELECTED OFFICIALS
Councilmember Marshall expressed congratulations to all the recipients of the Mayor's
awards.
(Golden Bell Mrs. Marshall congratulated Foothills Middle School for the Golden Bell Award and
Award - Foothills expressed apprecialion to the Foothills Middle School PTA president, Chris McClain for
Middle School) the information.
(Mardi Gras
Celebration)
(Farmers Market
Survey)
(Quote)
RONCElLl
(Code Enforc.
Officer)
Councilmember Marshall announced the "Tower Power Guild" of Methodist Hospital is
planning a Mardi gras fundraising celebration on Tuesday, February 16 from 6:30 p.m. to
10:30 p.m., at Santa Anita Racetrack Club House. Mr. Frank Stronach, lhe new owner
of the Santa Anita Race Track has been named Honorary King of Mardi gras.
The Farmers Market survey has been scheduled for Council review and discussion on
February 16, 1999 meeting. Mrs. Marshall requested the Farmers Market discussion be
postponed to the March 2nd meeting because of the Mardi Gras celebration. Council
concurred.
Councilmember Marshall's quote of the day: "He who finds no fault in himself needs a
second opinion".
Councilmember Roncelli commented that he has received a request from Arcadia
Beautiful Commission to let lhe Council know that they are in favor of hiring an
addilional Code Enforcement Officer.
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(Arcadia
Beautiful
Commission)
(Extended
Stay Hotel
Signage)
(City Attomey
Evaluation)
(Meeker Dev.)
(Fin. Advisory
Comte.)
(Foulger Ford)
HARBICHT
(Front Street)
KOVACIC
(Town Forum -
State of the
City Address)
41:0019
The Arcadia Beautiful Commission budget is $1,000.00 a year, if that amount was
divided by 53,000 residents, it would be two (2) cents per person. Mr. Roncelli noted that
he would like to see a budget increase for the Arcadia Beautiful Commission in the
future, so they can continue doing ,great job. Gary Brewer, Chairman of the Arcadia
Beautiful Commission, will give more information at a future meeting.
In response to Council member Roncelli's question regarding the Extended Stay Hotel
sign, staff responded the Planning Commission has denied the Extended Stay
application for a Conditional Use Permit for a sign. The hotel could reapply if they wish.
Councilmember Roncelli suggested having an annual perfonnance evaluation for lhe
City Attorney, and also having regular updates on existing litigation relative to the City's
liability in worker's compensation cases in a closed session. Council concurred.
Mr. Roncelli noted the Meeker development people in south Arcadia are planning to
submit their plan to the Planning Commission within the next two weeks.
In response to Council member Roncelli, the Mayor suggested the Council discuss the
Financial Advisory Committee's recommendations at the next Council meeting.
Mr. Roncelli expressed concern in regard 10 lhe Foulger Ford property and requested the
owners be requested to clean up the area.
In response 10 Councilmember Roncelli's comments, lhe City Manager responded that
the Meeker Development Company has not formally submitted a plan to the Planning
Commission.
In regard to the Foulger Ford property, Mr. Kelly stated, the City will send a notice to
both Foulger Ford property and Angel's owners. At this time, it is not a public nuisance
and until it reaches a very critical stage the City cannot make them clean up the
property.
City Manager Kelly, noted that the Council would receive a report this week regarding
Citizens Advisory Committee issues.
Councilmember Harbicht suggested thai staff look at Front Street, which runs between
Santa Anita and Santa Clara and curves behind the REI development, and provide
Council wilh a report indicating what can be done to make it consislent wilh the quality of
the development.
Mayor Kovacic announced that he will host the second annual State of the City Address
on February 10,1999 at 7:00 p.m. and also, the Town Forum on March 30,1999.
(Matt Denney's - Mayor Kovacic noted lwo new additions to the Huntington Drive restaurants. The Matt
B. J. 's) Denney's Ale House and B.J. 's Pizza and Gritl.
(Non-Distribution
List)
Mayor Kovacic stated that at the "What's Brewing with the Mayor" meeting, there were
concerns expressed about distribution of flyers on doors. The Mayor noted the best thing
would be to put a "No Solicitor" sign near the door or put the resident's address on the
City's Non-Distribution list maintained by the City Clerk's Office.
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41:D020
12.
JOINT MEETING OF THE CITY COUNCIL AND
THE ARCADIA REDEVELOPMENT AGENCY
ROLL CALL:
PRESENT: Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacic
ABSENT: None
12a.
MINUTES
(January 5,
1999)
(APPROVED)
It was MOVED by Agency Member Harbicht, seconded by Agency Member Chandler
and CARRIED on roll call vote as follows to APPROVE the January 5, 1999 Minutes of
the Arcadia Redevelopment Agency Regular Meeting.
AYES:
NOES:
ABSENT:
Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
ADJOURNMENT The meeling of lhe Arcadia Redevelopment Agency ADJOURNED to January 20, 1999
at 5:00 p.m.
THE CITY COUNCIL RECONVENED
13. CONSENT ITEMS
13a.
MINUTES See page 9.
(Jan. 5, 1999)
13b. (13"'O.:l()
APPROP. FOR APPROVED lhe appropriation of $13,500.00 in the Equipment Fund for the acquisition
PERSONAL of personal computers, printer and associated software to replace obsolete equipment in
COMPUTERS & the Cily Attomey and Cily Manager's offices.
SOFTWARE
(Replace Obsolete
Equipment)
13c. 0 r:6Ei _ '.~)
FINAL MAP APPROVED the Final Map of Tract No. 51806 provided that before the final map is
TR. NO. 51806 recorded all outstanding condilions of approval shall be complied with to the satisfaction
(427-429 of the City Engineer.
Califomia St.)
13d. '!Jq;,- - '1 ()
ACCPT. PROJ. ACCEPTED all work performed by Engineering Plumbing Inc., for construclion of 12"
(Const. 12" walerline on Huntington Drive from Holly Avenue to Baldwin Avenue; waterline
Water Line on replacement at Stanford Drive; and the annual Fire Hydrant Installation program as
Huntington Dr. complete and; AUTHORIZED the final payment to be made in accordance with the
From Holly to contract documents subject to a retention of $47,402.44 as sel forth in lhe contract.
Baldwin)
OJ...::~) _
13e. r , , -.J -~,o
DONATION APPROVED the receipt of the $10,000.00 donalion to the Arcadia Public Library from
LIBRARY the Friends of the Arcadia Public Library for the purchase of library materials.
(Friends of
Arcadia Public
Library)
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THE PRECEDING CONSENT ITEMS 12b, c, d and e APPROVED ON MOTION BY
MAYOR PRO TEM CHANDLER, SECONDED BY COUNCILMEMBER MARSHALL
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
13a.
MINUTES
(Jan. 5, 1999)
It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Harbicht and
CARRIED on roll call vote as follows to APPROVE the minules of the January 5, 1999
Cily Council Special and Regular Meetings.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
14.
CITY MANAGER
14a. 08/0-30
TCI 11 was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Marshall and
CABLEVISION CARRIED on roll call vote as follows to CONTINUE the report and recommendation to
(Transfer/ approve the transfer and assignment of the non-exclusive cable television franchise from
Assgnmnl. TCI Cablevision of Sierra Madre/Arcadia, Inc. to AT&T, to the February 2, 1999 City
Cable Council Meeting.
Franchise
TCI to AT&1) AYES:
(CONTINUED NOES:
TO 2-2-99) ABSENT:
14b. OcR.J.O./r~
FILL POSITIONS City Manager Kelly presented the staff report and recommendation regarding the request
(Fire Depl. and to fill the positions of Firefighter in the Fire Department, Assistant Planner and Building
Development Inspector in the Development SelVices Departmenl. Mr. Kelly stated, in part, that these
SVC5. Dept.) positions are budgeted within this fiscal year's budgel and are approved positions.
Councilmembers Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
Councilmember Marshall noted that she is in favor of intemal promotions.
11 was MOVED by Councilmember Marshall, seconded by Mayor Pro tem Chandler and
CARRIED on roll call vote as follows to AUTHORIZE staff to fill one position of
Firefighter in the Fire Department, one Assistanl Planner and one Building Inspector in
the Development SelVices Department..
AYES:
NOES:
ABSENT:
Council members Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
15. CITY ATTORNEY
15a. 0 '8,().. ':''')
ORDINANCE City Attorney Miller presented for ADOPTION and read the title of ORDINANCE NO.
NO. 2097 2097: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
(Wireless comm. CALIFORNIA, GRANTING A NON-EXCLUSIVE FRANCHISE TO METRICOM INC. TO
Radio network INSTALL AND OPERATE A WIRELESS COMMUNICATION RADIO NETWORK IN
Non-exclusive. CITY OF ARCADIA RIGHTS-OF-WAY."
Franchlse-Metncom)
(ADOPTED)
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41:0022
It was MOVED by Councilmember Harbicht, seconded by Mayor Pro lem Chandler and
CARRIED on roll call vote as follows that ORDINANCE NO. 2097 be and it is hereby
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None'
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15b. 0 t../qO- 70
ORDINANCE City Attomey Miller presented for ADOPTION and read the title of ORDINANCE NO.
NO. 2096 2098: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
(Prima Facie CALIFORNIA, AMENDING CERTAIN SECTIONS OF DIVISION 1 AND 2 OF PART 2,
Speed Limits) CHAPTER 2, ARTICLE III REGARDING PRIMA FACIE SPEED LIMITS."
(ADOPTED)
It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Harbicht and
CARRIED on roll call vote as follows that ORDINANCE NO. 2098 be and it hereby
ADOPTED.
Council member Marshall noled that the Ordinance No. 2098 reduces the speed limit on
Longden Avenue from 40mph to 35m ph.
AYES:
NOES:
ABSENT:
Council members Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
15c. 03 ro .-f.i,
ORDINANCE The City Attomey presented for INTRODUCTION and ADOPTION, and read the title of
NO. 2099 Urgency Interim ORDINANCE NO. 2099: "AN EMERGENCY (URGENCY) INTERIM I
(Adult Entertain- ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, TO PROHIBIT ADULT
ment) ENTERTAINMENT ESTABLISHMENTS WITHIN SEVEN HUNDRED (700) FEET FROM
ANY RESIDENTIAL ZONE AND ALLOWING SUCH ESTABLISHMENTS BEYOND
SEVEN HUNDRED (700) FEET, SUBJECT TO REGULATORY COMPLIANCE
(Ordinance effective immediately - four (4) vote required)."
Arcadia City Charter Section 415 authorizes enactmenl of an emergency ordinance if
necessary to preserve the public peace, health, or safety. The Ordinance will lake effect
immediately pursuant to Charter Section 419. The purpose of the urgency ordinance is
to assure prohibition of adult businesses within 700 feet from residential zones where
such uses are now permitted (M-l and M-2 zones) and 10 enact regulatory provisions for
such adull uses thai are permitted. It is an interim ordinance that will expire when a new
permanent adult business ordinance becomes effective, which will be subject to public
hearings before Planning Commission and the City Council. It is anticipated that this
process including environmental review will culminate with a new ordinance to be
effective no later than May, 1999.
During the eleven (11) years since enactment of the Arcadia Adult Use Ordinance in
1988, significant case law developments have effected the current code. In response to
these developments the City Council has directed preparation of a new ordinance to
meet current legal requirements.
Based on First Amendment grounds (freedom of expression), the application of the
City's current conditional use permit provisions for adult businesses is no longer valid.
Also, lhe current 750 foot requirement is under study pursuant to preparation of the n~w
ordinance.
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Ordinance No. 2099 provides numerous conditions and regulations in terms of security,
lighting and performers physical contact.
In respond to Council's questions City Attorney Miller stated, in part, that the proposed
emergency ordinance is more restrictive than the existing ordinance. The Cily Attomey
and special counsel, based on a survey, felt that the 700 foot distance of adult
businesses from residential zones is more sustainable at this time and it is as restrictive
as the City can get without suffering a court decision that is negative for the City.
Council member Harbicht noted eleven years ago when the City Council approved the
current ordinance, it was in response to a court decision thai cities could not totally
prohibit adult entertainment, and they have to provide a place where it is permissible.
We then adopted an ordinance allowing lhem in the manufacturing zone and at least 750
feet from residential zones. The current ordinance did restrict such businesses to very
small area, primarily in Chicago Parle
In response to Council's question Mr. Miller, stated, in part, no Arcadia residential zone
was affected by the former ordinance. And, eleven years ago it was clearly the intent of
the City of Arcadia also, to address the residential zone in EI Monte and 10 date nobody
has expressed a different inlention.
Mayor Kovacic opened the meeting for public comment.
I
Kirk Kina, former President of the Arcadia Chinese-American Association and the current
president for another Association for Chinese, stated in part, he has been an Arcadia
residenl for 10 years. He feels the image of the City is associated with low crime rates
and a good school district. Arcadia has always kept a traditional good value of life and
he would like to keep Arcadia that way for a long time for his children. On behalf of his
association he would like 10 oppose the idea of putting a nude dancing club in our
neighborhood. He believes the constitution is very important but he also wants to
maintain the main reason that made him move to Arcadia ten years ago.
Thomas W. Lawson II, Arcadia homeowner, questioned the typical distance between a
residential zone and an adult entertainment facility. .Mr. Miller responded every city has
been analyzed differently by the courts. The range has been between 350 and about
750 feet. Mr. Miller noled that lhe City is going to have more data and studies on the
issue when it becomes a public hearing issue and the reports will be available to the
public at that time.
The Mayor noted the distance between a residential zone and an adult enlertainment
facility depends on the nature of the neighborhood and lhe character of the city.
Mr. Lawson stated in part, thai the highway palrol and police have laws regarding driving
nude or having clothes on when walking on the streets, now they are saying when it is
dancing il is okay to have clothes off.
l:':
Mr. Miller, stated, that he agrees wilh Mr. Lawson's comment, in the past we argued
successfully that it is not a form of expression, it is just exhibitionism. But that, has not
been a valid argument for over 20 years.
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Mayor Kovacic, stated, Ordinance No. 2099 restricts this activity to indoors and it cannot
be visible from outdoors. No signs shall have any display of nudity in any area where
lhey can be viewed from outside. The Mayor noted the law has determined that dancing
is a form of expression and we are bound by the law, we take an oath to obey the law,
and we are obligated to follow the law.
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Mr. Lawson expressed his concerns regarding allowing teenagers in this facility and
giving them an immoral education with the help of the City and with the help of the
taxpayers.
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In respond to Mr. Lawson's comments, Mr. Harbicht assured that the City Council is not
promoting lhis kind. of use. The Council is very conscious about their responSibilities to
the citizens, but in this situation the question is whether we want to carry this issue to the
courts and spend two-three hundred thousand dollars of tax payers money and ultimately
lose, or pass an ordinance and put severe limitations on what can go on inside the
building and save the money.
John Wuo, 135 Alia Street, expressed his opinion that this is the time for Arcadia
residents to come together, put lheir minds and efforts together and do a friendly
persuasion to the property owner and applicant and try to convince them to not open this
kind of business in the City of Arcadia and hurt our City's image. He believes that the
Council will do their best 10 do what is best for Arcadia.
Philip Wood, Senior Pastor, Church of the Good Shepard, United Methodisl, offered his
prayers for the City Council and legal representatives for their deliberation and
comprehension of the law to protect the common good of all peopie; he prays for
persons applying to establish a nude entertainment facility, for God 10 lead them in a
more productive way to use their talents; and finally he prays for all the cilizens of
Arcadia to continue to make this a community which celebrates rather than demeans
God's gifts to humanity which includes compassion, justice and mutual respect.
,
Following the conclusion of public comment, considerable Council discussion ensued.
Mayor Pro tem Chandler slated that he and Council member Harbicht were part of the
Council that voted for the previous ordinance eleven (11) years ago. Mr. Chandler was I
assured thai the Arcadia Police Department will send undercover police officers to the
proposed establishment to observe the activities. The City may not be able 10 stop this
from happening because of lhe law of lhe land, bul we will have some local controls on
this facility. Mr. Chandler wants the residents of El Monte as well as Arcadia to know
that the Council and the City will use their local resources as best as they can.
Councilmember Roncelli thanked tonight's speakers for their participation this evening.
Mr. Roncelli agreed with Mr. Wuo's idea and he thinks citizen action is a great way to do
this.
Councilmember Marshall thanked Pastor Wood for his thoughts. Ms. Marshall would like
everyone to know that the Council does not encourage this kind of use and they would
stop il if they could.
Council member Harbicht slated the Council is nol happy with what the law is, the courts
have spoken and we are bound to uphold the law.
Mayor Kovacic stated he is proud of Arcadians for showing up tonight and voicing their
opinions. II is an important element of democracy that has been exercised tonight. The
Mayor stated that the City could take a stand which would result in spending hundreds of
thousand dollars of legal fees that could be used for youth and senior service programs.
It is important for Council to act quickly and effectively, keeping in mind lhal we are all
blessed by the protections of the constitution, and as sworn officers in Arcadia we are
obligated to abide by the rule of law.
In response to Councilmember Marshall's request, Mayor Kovacic described the location
of the subjecl adult entertainment establishment, stating, the City of Arcadia is a
rectangle that has a piece which goes down in a south east direction. About a half mile
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from the intersection of Peck Road and live Oak Avenue, there is aboul four blocks
which are almost all industrial, that is Chicago Park area.
It was MOVED by Council member Harbicht, seconded by Mayor Pro tem Chandler and
CARRIED on roll call vote as follows lhat ORDINANCE NO. 2099 entitled: "AN
EMERGENCY (URGENCY) INTERIM ORDINANCE OF THE CITY OF ARCADIA,
CALIFORNIA, TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN
SEVEN HUNDRED (700) FEET FROM ANY RESIDENTIAL ZONE AND AllOWING
SUCH ESTABLISHMENTS BEYOND SEVEN HUNDRED (700) FEET, SUBJECT TO
REGULATORY COMPLIANCE", be and it is hereby INTRODUCED and ADOPTED.
(Ordinance effective immediately - four (4) votes required).
AYES:
NOES:
ABSENT:
Council members Chandler, Harbicht, Marshall, Roncelli and Kovacic
None
None
ADJOURNMENT Council member Roncelli adjoumed the meeting in memory of "Charles O. Giles, who
(In Memory of passed away on January 7, 1999. Charles was bom on April 17, 1923. He made his
Charles O. Giles) family proud when he graduated from USC with a degree in mechanical engineering. He
was an active member of Kappa Sigma fraternity. After college he was employed by
Bechtel Corporation and California Edison. He mastered the design construction and
start-up testing of electric generating stations; he worked on stations for Califomia,
Arizona, Nevada and New Mexico. In his personal life he was a devoted parishioner of
the Episcopal Church of The Transfiguration and a board member of the Kensington
Episcopal Home. He was also involved with the Pasadena Tournament of Roses and
the American Society of Mechanical Engineers. He will be sorely missed by his family
and friends. He was a devoted husband to Belly for fifty-one years, and a loving father
and grandfather. I hope the loving memories his family have of him will offer some
consolation in their loss."
16.
CLOSED SESSION
16a.
At 8:50 p.m. the City Council RECESSED to the Closed Session in the Conference
Room of lhe Council Chambers, pursuant to Govemment Code Section 54957 - Cily
Manager annual performance evaluation.
ADJOURNMENT
(Jan. 19, 1999)
The Council RECONVENED and ADJOURNED a19:30 p.m. to January 20, 1999 at 5:00
p.m., for a joint meeting wilh the Board of Education in the Arcadia Unified School
District Board Room, 234 Campus Drive.
G
ATTEST:
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