HomeMy WebLinkAboutJUNE 21,1994
I
I
01'10- .,,(-)
36:0198
06~1 q""
Cc
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
TEMP. ST.
CLOSURE
(Magna Vista
Avenue)
Of>o .",,0
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
JUNE 21, 1994
The Arcadia City Council and the Arcadia Redevelopment Agency met
in a regular meeting on Tuesday, June 21, 1994 at 7:00 p. m., in
the City Council Chamber.
First Reader Robert Lawrence, First Church of Christ, Scientist
Arcadia City Librarian Kent Ross
PRESENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and
Young
None
ABSENT:
AUDIENCE PARTICIPATION
None
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
The Acting City Manager requested that a late item be added to
the agenda this evening; a request to approve a street closure
of the 300 block of Magna Vista Avenue for a Fourth of July block
party. The City Attorney stated that, "This matter was received
by the City on June 20 which was after the agenda was prepared.
Pursuant to the open meeting law of the California Brown act,
Government Code Section 54954.2(b)(ii), if Council votes that
the need to take action arose after the agenda was printed and
is a matter that must be acted upon tonight, Council can vote and
discuss the issue of closing the street for the block party".
It was MOVED by Councilmember Margett, seconded by Counci1member
Lojeski and CARRIED on roll call vote as follows that the need
to take action on this item arose after the agenda was printed,
and needs to be acted upon at this time.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
It was MOVED by Councilmember Kuhn, seconded by Councilmember
Margett and CARRIED on roll call vote as follows to APPROVE the
closure of a portion of Magna Vista Avenue for a Fourth of July
block party, subject to conditions set forth by the Public Works
Director.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
1
6/21/94
ORD. & RES.
READ BY
TITLE ONLY
1.
PUBLIC
HEARING
PROPOSED
VACATION OF
EL MONTE AV.
BETWEEN
DUARTE RD. &
CAMPUS DR.
(DENIED)
Ort;;s.-. llO
o~-/ ~ .. .....'.;.r}
36:0199
QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA
ITEMS
None
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED that all ordinances and resolutions be read
by title only and that the reading in full be WAIVED.
PUBLIC HEARINGS
Consideration of proposed vacation of El Monte Avenue between
Duarte Road and Campus Drive (applicant, Arcadia Unified School
District). With the growth and reconfiguration of Arcadia High
School, the Arcadia Unified School District is faced with a major
problem, and needs to provide additional space for its facilities
placement and additional student and staff automobile parking
space. With the inclusion of ninth grade students and additional
staff at Arcadia High School, there will be an increase in
traffic congestion around the High School and an impact upon
available parking on Campus Drive. The City Council at their
meeting of May 17, 1994, adopted Resolution No. 5793 declaring
the City's intention to vacate El Monte Avenue between Duarte
Road and Campus Drive and set a public hearing for tonight's
meeting. This portion of El Monte Avenue has an average daily
traffic of approximately 2,700 vehicles. The morning and
afternoon peak hours are at approximately 320 and 330 vehicles
respectively. The primary use of the roadway is as a connector
street, and to provide vehicular circulation around the high
school, provide access to existing parking lots and provide
commuter access between Duarte Road and Campus Drive. At its June
14, 1994 meeting, the Planning Commission determined that the
proposed vacation of El Monte Avenue between Campus Drive and
Duarte Road is not in conformance with the City's General Plan
which contemplates consistency with the Street and Highway code
section mandating the finding that "vacation" requires a
determination that the street is unnecessary for present or
prospective public use.
I
Staff responded to numerous
with regard to this proposal
closing of El Monte Avenue.
questions from the Councilmembers
and possible alternatives to the
Mayor Young declared the hearing OPEN.
In Favor
Terrence Towner, Superintendent of Schools, Arcadia Unified
School District, 234 Campus Drive stated, in part, that the
School District and many of the citizens have had a concern about
traffic around the campus for many years. They are concerned
primarily about the drop-off traffic; they need to get more I
student cars on campus, rather than on streets. They are very
concerned about safety around the campus. This is also a great
concern to the parents who are supporting this proposal. The
ninth graders to be added to the campus will not be drivers, but
there will be an increase of about twenty-five or thirty staff
members. Also, the students get drivers licenses during the
school year, so while there may be empty parking spaces in
September, later in the year the student parking overflows into
staff areas, visitor areas and street parking. In response to
questions concerning student safety, Dr. Towner responded that
they are trying to get the parking off the street, put the
students into the lot, and increase the length of the drop-off
zone. J. Horton, Director of Facilities Support Services, School
District, replied in response to Council's questions that it is
estimated that the cost for this project is approximately
$80,000; whereas the cost of a parking structure would be up to
$6,000 per parking space and would be prohibitive. Also, there
2
6/21/94
36:0200
is the problem of earthquake safety with a parking structure.
They would plan to incorporate the space on El Monte Avenue into
the present parking lot and to construct four entrances into the
parking area. At present there are 378 parking spaces for
students; 464 spaces are needed. In response to questions, Dr.
Towner replied the School District actively encourages car
pooling among students, and they have an aggressive car pooling
plan for staff. They have no way to enforce car pooling among
students. The School District has not actively pursued a proposal
to bridge over the Flood Control wash for use for additional
parking. This again would be prohibitively expensive, even if
permission could be obtained from the Flood Control Distric t.
Councilmember Margett would like to see what could be done about
bridging the Flood Control wash for parking purposes, and also
measures to encourage car pooling among the students.
I
Dorothv Schneider, Principal, Arcadia High School, stated, in
part, that an ongoing concern of the parents and school staff is
that of safety and traffic around the high school. Between 7:40
to 8:05 a. m. and between 2:30 to 3:15 p. m. the traffic problem
is horrendous. There have been accidents. Two issues will be
addressed with the closing of El Monte Avenue -- they will be
able to pull student parking off Campus Drive and Duarte Road
into the parking lots. This will eliminate student pedestrian
crossing in the middle of the street on Campus Drive. Parents
are concerned about more safety in the drop off and pick up
areas. With regard to encouraging car pooling among students,
many parents object to their children riding with young,
inexperienced drivers. The overriding and consummate issue here
is that of the safety of the young people.
Michael Allison, 1120 Lyndon Way, stated, in part, that he is a
former member of the Arcadia School Board, and he has been
concerned about student safety on campus. San Marino was
recently rocked by student violence, and this could happen in
Arcadia. He has seen an increase in the kinds of activities on
school campus that this proposal might help alleviate. Arcadia
High School is a difficult campus to patrol and to control the
people that come onto the campus because it is surrounded by four
streets. The closure of El Monte would eliminate one street.
John McClain, 1810 Wilson, stated, in part, that he is in favor
of this proposal. He suggests that the majority of the present
use of El Monte Avenue is by the students and parents. Traffic
could be diverted from El Monte to Holly and/or Santa Anita. He
has seen cost estimates for parking structures which come to two
to four million dollars, so this is prohibitive. Also building
over the wash even if agreement could be reached with the Flood
Control District would also be prohibitive.
I
Jim Brvant, 1405 South Fifth Avenue, Member of the School Board,
stated, in part, that years ago when there were more than 3,000
students at Arcadia High School, bus service was available. The
state later discontinued the funding for the buses, but they did
not provide an environmental impact statement. The traffic
around the school is a zoo every morning; with kids getting in
and out of autos; the school was not designed to handle this
traffic. Park Avenue is not a viable alternative for through
traffic, so he does not think a lot of drivers would choose that
as an alternative route. More drop off area near the school is
required. Car pooling would require education of the parents.
In Oooosition
Lewis Looez, 930 Park Avenue, stated, in part, that he has lived
at that address for twenty-five years. He presented to Council
a plot map upon which he indicated four different areas on the
present Arcadia High School campus which could be utilized for
additional parking and a drop off area without resorting to
closure of El Monte Avenue.
3
6/21/94
36:0201
Don Covle, 351 Fairview Avenue, stated, in part, that 2700
vehicles are a lot of vehicles to re-route onto other streets.
He also thinks car pooling should be encouraged. He does not
agree wit:h the statements in the EIR that there will be no
impact. He noted that getting from Park Avenue onto Duarte Road
is very difficult. Also crossing Holly Avenue on Campus Drive
either going east or west is also very difficult because of
generally heavy traffic, race track traffic, sight obstructions
because of bushes, etc. He thinks the Police Department does an
exceptionally good job of controlling the speed limits on Campus
Drive.
Mrs. Paul Marsden. 310 Fairview Avenue, stated, in part, that she
questions the legality of the closing of this street. She quoted
from a newspaper article concerning the decision to close a
street in Los Angeles which was reversed by the California
Supreme Court. To re-route this large number of cars through a
residential neighborhood is unthinkable. " It is not practical
for thirty-eight residents to hire an attorney to assure our
rights, so we must rely on the fairness of this Council to
protect our interests,n
Peter Iles, 1000 Park Avenue, stated, in part, that he is
concerned about the 900 or 750 new ninth graders. We know they
don't drive; sometime later they may be ready to drive and they
will all have to park their cars. The next year there will be
another 750 or 900 ninth graders. He suggests that in any event
there is going to be a serious problem with all those cars coming
into the area. He thinks they are worrying about where to put
a few cars while forgetting about all the cars that will be
dropping off students.
Kristen Looez, 930 Park Avenue, stated, in part, that she is
representing the homeowners of Park Avenue and Fairview Avenue,
most of whom have signed the petition stating that they are
opposed to the vacation and closing of El Monte ,Avenue. They
question the need for increased parking at Arcadia High. The
original planners of the school kept El Monte Avenue open so
there was a way to drive around the school without affecting
Park Avenue. She gave several suggestions of ways to increase
the parking on the present school property, including car
pooling, use of grass areas, use of the wash area, allowing
parallel parking on El Monte Avenue, relocation of administrative
offices, etc. She would also like to have an Environmental Impact
Report prepared prior to any vacation of El Monte Avenue. Re-
routing such a large amount of traffic onto Park Avenue and
Fairview Avenue will destroy these quiet neighborhoods. Also,
there are no sidewalks on Park Avenue which could prove to be
hazardous for those walking or riding bicycles. " Remember this
is the Community of Homes."
Crista Grannis., 318 Fairview Avenue, stated, in part, that ninth
graders do not drive and must be dropped off. The stop light at
Holly and Campus is a long light, so people use El Monte and Park
to get around the light on Holly. In the morning it takes a long
time to make a left hand turn from Park onto Duarte. The
children that are driving to the high school now are impatient
drivers. Because of the park, the block along Campus is a very
long block. People going to the Mall, the hospital, and City
Hall do use Park and El Monte a lot of times because it is a long
way to go around and up Santa Ani ta. Those things should be
taken into consideration. Also there is a lot of extra traffic
during racing season.
Harold Askev, (no address), 50 year resident of Arcadia, stated,
in part, that when he and his wife went to Stanford, they did not
have an auto. When he was a youngster, he lived three miles from
high school, and he walked the three miles back and forth each
day. Perhaps if one checked the 20 top scholastical students and
4
6/21/94
I
I
36:0202
counted the number that drive their own cars to school ... would
you find any? He hopes that this closure does not pass.
Al Dubin, 1034 Park Avenue, stated, in part, that he has lived
in this City for twenty-five years. He does not choose to have
a parking lot brought closer to his back yard. At the moment he
suffers listening to the cars squeal, popping wheelies, racing
on weekends and having the youngsters in the school yard see how
macho they are to throw thi;'gs from the school yard into the
wash. If they move the parking lot closer to his back yard, his
back yard will become the target. He has had garbage cans and
bottles thrown over his wall; he has stood in the back yard and
watched the students in the parking lot being abusive.
I
In Favor
Terrence Towner, Superintendent, Arcadia Unified School District,
responded that their parking consultants advised that re-striping
the parking lot is not feasible. He does not think the residents
want the lawn areas to be turned into parking lots. The School
District will cooperate with the City. The School District has
made its concerns known to the City, which is their
responsibility. This is a cooperative effort. The parents of
the students are present and are also represented. The School
District will do what it needs to do to be good neighbors. They
think the plan presented is a good plan and a viable plan.
Marv DouEhertv, President, Arcadia Unified School District Board
of Education, stated, in part, that she is concerned about the
whole security climate on the high school, not just the parking
spaces, or morning or afternoon traffic. As Mr. Allison pointed
out, times have changed, and we have a very open and vulnerable
campus. Mrs. Dougherty urged the Council to help ensure the
safety of students, and security of their possessions in the
parked cars. Twenty-seven hundred cars travel on El Monte
Avenue, but the bulk of the traffic are students, employees or
visitors to the high school, and that traffic would still remain
on what is now El Monte Avenue, but would become limited access
to the extended parking lot.
On MOTION by Councilmember Lojeski, seconded by Councilmember
Margett and CARRIED, the public hearing was CLOSED.
I
The Acting City Manager explained in detail the complications of
the environmental impact information presented, as well as the
Council's legislative discretion. Councilmember Margett felt
that the School District should explore other options; the
closure of El Monte Avenue at this time is inappropriate. He
feels that the option of bridging the wash could be explored.
Councilmember Lojeski is concerned about the shift of traffic to
Park and Fairview; he feels there will be a great impact on these
residential streets; this would not be good government on the
part of the Council. Also, it is not in conformance with the
City general plan. Public streets belong to the citizens.
Perhaps faculty and visitors could park on the street so that
more responsible persons would be crossing the street. He does
not favor the vacation of this street. Councilmember Kuhn was
concerned for public safety. She feels that the increase of
traffic on Park Avenue would be unacceptable. Perhaps a traffic
signal at the crosswalk on Campus Drive might be an idea. She
would like to see the students in a controlled situation in the
parking lot in the interests of safety. She has trouble with the
legal definition of public roadway for present and prospective
use; closing a public access way is a very serious matter. She
will have to speak against the request. Mayor Pro tem Chang
stated, in part, that traffic statistics indicate 2700 vehicles
a day use El Monte Avenue, so this street is necessary for the
daily present and future use of 2700 vehicles. If it were to be
closed, there would be severe environmental impact on Park and
Fairview. He does not think this would be in conformance with
5
6/21/94
MOTION
2.
PUBLIC
HEARING
TEXT.AMEND.
(94-002
OUTDOOR
ENTERTAIN-
MENT EVENTS
AS PERMITTED
USE IN THE
S-l ZONE
(Santa Anita
Race Track
(APPROVED)
ch->,o.. (-,.
{JS-/S.' - 70
36:0203
the general plan. Also, he does not agree that additional
parking is really needed; safety could be improved with adequate
education; perhaps loading and unloading zones could be
established; parents and students should be encouraged to car
pool. He is opposed to the closure of El Monte Avenue. Mayor
Young stated that this is a community of homes, and there will
be a considerable impact on the residential streets. She is
disappointed that the School District presented no more options;
possibly they could find additional parking on the campus. She
is against closing El Monte Avenue until more options are
explored.
It was MOVED by Councilmember Margett, seconded by Councilmember
Loj eski and CARRIED on roll call vote as follows to DENY the
application of the Arcadia Unified School District for the
vacation of El Monte Avenue between Duarte Road and Campus Drive.
I
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Consideration of Text Amendment 94-002, adding outdoor
entertainment events as a permitted use in the Sol Zone
(Applicant, Los Angeles Turf Club). The Los Angeles Turf Club
filed an application requesting a text amendment to allow for-
profit, non-racing single- or multi-day events, festivals,
concerts and/or similar entertainment activities with a special
permit at Santa Anita Park. These events would be scheduled
during alternate times of the year, predominantly May through
September, when racing is not taking place. The live horse
racing season at the race track is from late December to late
April and from early October to mid-November. Throughout the
year Santa Anita does host a limited number of non-profit events
such as the Greek Festival and the Irish Festival. Over the past
few years, attendance at the race track has declined. This is
partially a result of off-track betting, a sluggish economy and
the increase in other forms of gambling. The Los Angeles Turf
Club has indicated in a letter to the City that the purpose of
their request for a text amendment to the Municipal Code is to
complement their racing program by presenting family oriented
special events that will be commercially viable ventures and a
credit to the community.
The section proposed to be added to the Sol zoning regulations
will read: "Any outdoor entertainment event including but not
limited to single or multi-day events such as fairs, concerts,
rodeos, festivals and similar entertainment oriented activity as
further defined and described in the Arcadia Municipal Code
(sections 6417 through 6417.9 Outdoor Entertainment Event
Permits), subject to compliance with the referred to code
sections and permit requirements". The wording has been revised
since the original proposal to the Planning Commission, however,
it is consistent with the prior version and input of the I
Commission. The original wording included the number of events
which has been included in the new Outdoor Entertainment Permit
Ordinance.
The Planning Commission in recommending the approval of this Text
Amendment noted that this was a good alternative use of the site
especially in this economy and will be additional revenue for the
City; indicated that the race track has been a good neighbor and
has contributed a lot to the City; and that conceptually this was
a good idea but had some concerns. There will be no construction
on the site; they will be using the premises that are there. The
Commission also expressed concerns regarding the hours, noise
levels, fees, and the number of days events may be held. They
concurred with staff's recommendation that a sunset clause be
included which would provide that this Text Amendment shall
remain in effect until October 1, 1995. As of that date. the
6
6/21/94
36:0204
ordinance is repealed, unless a later ordinance is enacted which
either deletes, extends or amends this ordinance. A Negative
Declaration has been prepared for this project. This is a pilot
program and the sunset clause allows the City an opportunity to
review the effectiveness of the regulations. The Assistant
Community Development Director/Planning presented and read the
title of Ordinance No. 2011.
I
The City Attorney stated that a text amendment that changes the
land use is subj ect to a new ordinance which is before the
Council this evening concerning regulations applicable to outdoor
entertainment events. This is a very inclusive regulatory
ordinance which takes into consideration most if not all of the
items mentioned by the Planning Commission in addition to
concerns raised by staff with regard to the prospects proposed
by this new use which is actually an experimental type of
situation. That is the reason for the so-called sunset clause.
What the City is trying to accomplish through legal controls is
what will eventually evolve into a win-win situation, taking into
consideration the fact that this is a community of homes; that
the neighborhoods in Arcadia are extremely important, and that
they could be impacted by this. Staff took that into
consideration by this permit ordinance which provides a number
of controls. The underlying control is that the ordinance will
terminate by its own terms as of a certain date at which time,
if the Council is going to extend it or continue it if things
have worked out, it will have to go through additional public
hearings before the citizens of the City of Arcadia. The City
Attorney proceeded to explain in considerable detail the
provisions of the permit ordinance as well as the legal
considerations, responsibilities and requirements involved with
these ordinances and agreements.
The City Attorney also noted that, should this matter be
approved, in the future a revision of the City's admissions tax
will be before Council. This revision will be necessary to adapt
to these kinds of events, and will bring approximately $168,000
to the City for the pilot program for a one year period. The City
Attorney presented and read the title of Ordinance No. 2013: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A DIVISION 7 TO
PART 1 OF CHAPTER 4 OF ARTICLE VI REGARDING OUTDOOR ENTERTAINMENT
EVENT PERMIT REQUIREMENTS AND REGULATIONS AND PROVIDING FOR
REPEAL ON OCTOBER 1, 1995".
I
Another Ordinance considered later in this meeting, was Ordinance
No. 2012, which will delete the current exemption from the noise
code applicable to Santa Anita. Staff also recommended that
Council direct staff to complete the noise code for City Council
action in the future. This is conditioned upon Santa Anita's
written commitment to pay a pilot program noise control fee as
determined by the City Manager so that the City may retain a
qualified sound and noise expert to assist the City in
preparation of the code revisions. Staff also requested that
Council should direct staff to bring back a revised admissions
tax ordinance to implement its application to the proposed pilot
program.
Mayor Young declared the public hearing OPEN
In Favor
Cliff Goodrich, President and Chief Operating Officer, Los
Angeles Turf Club, Operators of Santa Anita Race Track, 285 West
Huntington Drive, stated, in part, that Santa Anita, like most
of the business world in the country, and especially in Southern
California, has been experiencing financial difficulties. In
some period of time, probably in a year or thereabout, Santa
Anita will be coming to Council with a master plan for the good
of the community and the good of Santa Anita. When that time
7
6/21/94
36:0205
comes, there will be no surprises; Santa Anita will be working
with the community and the Council, and hopefully will come with
a plan that the vast majority of the community will support.
With that as a background, although they plan to keep horse
racing as a focal point, whatever is done on the property will
probably be undertaken in a three to five year time frame. If
a plan should be adopted a year from now, it would probably still
be three or four years before that particular venue or venues
would be in operation. Santa Anita is faced with what to do in
the next three to five year period to survive. Santa Anita is
a public company and, in a way, mirrors the problems of the City.
Like the City itself, they have been forced to cut expenses and
layoff employees. Santa Anita has to find ways to generate
revenue because expenses have been cut as far as they can be
while preserving the name and reputation of Santa Anita which
has been held in high regard for some sixty years. The proposal I.
before the Council is planned to be a pilot program of family
oriented events at the race track. They will conduct the
experiment on a positive note; change is difficult but it can be
positive. Santa Anita will control the noise and handle the
traffic. They have a reputation for doing things right, and
expect and want to be in this community for a lot more years.
This program will help Santa Anita and will help the City. They
realize they will have constraints and that the burden is on
Santa Anita as of October of 1995. They are very excited about
this pilot program. Mr. Goodrich then introduced Mr. Barry
Mendelson.
Barrv Mendelson, 1844 Kelton Avenue, Los Angeles, stated, in part
that he has been in the entertainment business for twenty-five
years, and presented a brief review of his accomplishments during
that time. He plans to present family oriented shows. He is
sensitive to the residents. The festivals will be in daylight
hours only. There will be a variety form of entertainment that
appeals to all age groups. Also there will be food, culture and
art. It will be a worthwhile experience beyond the entertainment
experience. Admission will be charged. They are professionals
who run a quality organization, and they feel the community will
benefit.
Cliff Goodrich, reiterated that there will be an admission charge
of $18 for adults; children under twelve will be admitted free.
This price range does not attract large numbers of teens, so they
do not anticipate problems, but Mr. Goodrich pointed out that
Santa Anita has its own security. At that charge, Mr. Mendelson
tells them that the event will not tend to draw the element that
some people might be concerned about. After sixty years in the
community, Santa Anita hopes that they will be given a chance to
conduct this experiment. They are confident that they can do it
right; they cannot afford not to do it right. There are possibly
some residents who do not think any noise will be acceptable.
Santa Anita cannot cope with the standard of any noise as
unacceptable, but they are sure they can put on a show that will
be a tribute to the community and will generate some badly needed
revenues for Santa Anita and the City of Arcadia.
1
In response to a question from Mayor Pro tem Chang, the City
Attorney replied there is an indemnification clause for the City
in the agreement, and also there are no definite plans for week
night events. The request was included only because of the
possibility of obtaining a major star who would only be available
at such a time.
Mike Street., General Manager, Santa Anita Inn, 130 West
Huntington Drive, stated, in part, that during the past few years
the hospitality industry has suffered from the economic slump.
Anything that can be done to increase occupancy and generate
income should be encouraged. The Santa Anita Inn is suffering
this year from lack of occupancy, and the City is suffering from
lack of bed tax. Santa Anita race track is an asset to the City,
8
6/21/94
36:0206
and he feels this project will prove to be of benefit to all
concerned.
In ODDosition
1
Jim Fox, 215 San Luis Rey Road, stated, in part, that at a
previous hearing, he and the neighbors of Santa Anita race track
were promised that they would be advised in advance of plans
which Santa Anita might develop with regard to special events
other than horse racing. This has not been done. The neighbors
were not notified. He is greatly concerned about the noise and
the traffic that will result if this request is approved. He
does not think the sound monitor to be in charge of the sound
volume will be effective in controlling the volume. He did not
think the environmental impact information was complete. He
requests Council that reject this proposal, or at least schedule
additional public hearings.
The City Attorney explained that it is contemplated that the
noise monitor will have access to the sound mixing board, so the
City will have direct access to sound control. Also, he did not
mean to imply by revising the noise code that it would be
liberalized and made easier; actually the City may make it
tougher. Some expertise is needed to make sure that it is
realistic. Also, notices of all City Council public hearings are
published in the local newspaper. Notice of this particular
public hearing was published in the Hometown Section of the
Pasadena Star News.
Ben Serar, 400 San Luis Rey Road, stated, in part, that he does
not want any experimenting with his neighborhood. Approval of
an additional thirty days activities will fill out Santa Anita's
year, so they will be able to hold an event every weekend,
including the horse racing. They are trying to get blanket
approval for these events, rather than approval on a one by one
basis. He would like to be notified of these hearings. He does
not believe concert music can be cut down during performances.
Santa Anita should explore other options. He was concerned
because Mr. Goodrich had mentioned the possibility of a card club
at Santa Anita.
1
The City Attorney stated that this ordinance does not contemplate
blanket approval of anything. Each event will have to go through
the complete process and all of the regulations, separate
performance agreements and a separate permit process. The
ordinance provides for City approval for every event and Santa
Anita understands that. Also, the City will hire the sound or
noise expert. Santa Anita will be responsible for reimbursement
of the cost. With regard to enforcement of violations, Ordinance
No 2012 is being presented tonight because for the last fifteen
or twenty years there has been an exemption from the City Noise
Code for Sol property. Past events have been monitored, but
compliance has been basically a voluntary effort on the part of
Santa Anita. The City actually had no authority, but that will
change if the Council adopts Ordinance No. 2012 tonight.
Finally, there are problems when the sound is turned off or
turned down during a performance, but they hope to mitigate them.
Also, no noise ordinance has ever been designed anywhere that
precludes any noise whatsoever. This is a situation of trying
to work out some kind of compromise; both sides have to be
reasonable.
Lois Merritt, 329 San Luis Rey, stated, in part, that she and her
husband previously complained about a concert at Santa Anita.
They have developed a lack of trust in the race track. The race
track owners indicated they were ready to cooperate, but did not.
If we are unable to monitor the type of concerts according the
First Amendment, we are unable to monitor the kind of crowds
which are attracted, this seems to be a good reason to avoid
9
6/21/94
36:0207
concerts. She requested a show of hands from the audience from
those who are not in favor of approval for these concerts.
Bill Grav. 294 Oakhurst Lane, stated, in part, that he purchased
his home knowing the race track was there. He likes to believe
that they want to present good events for the City. He realizes
that Santa Anita has financial problems, and the most profitable
events they can have will be rock concerts. Part of a rock
concert is the loud volume. This could not be turned down during
a concert without serious problems.
Glenda Guenthard, owns two houses 231 San Luis Rey and 312
Santa Cruz, stated, in part, that she is not concerned about the
festivals, but is concerned about the concerts. Concerts are not
normally family oriented. She wonders if they will be able to
control the concert starting and finish times.
Stuart Dunn, 206 San Antonio Road, stated, in part, that he moved
into the neighborhood in 1973 with the full understanding that
the race track was there. He has never complained about the
racing seasons. He does not think that Santa Anita is making
the best use of public relations. He realizes they are losing
money, but he does not feel that the neighbors have to be the
ones to pay for that decision by way of these proposed concerts.
John Davis, 249 Oakhurst Lane, stated, in part, that the time
period for the proposed concerts is between May and September
when residents have windows open or are outside. During the Irish
Festival he could hear the bagpipes in the afternoon, and they
were not amplified. He thinks the noise is a problem without a
solution. The $1,000 fine mentioned by the City Attorney would
not be a deterrent. He hopes the Council will not agree with
this proposal.
Adrian VelasQuez, 419 Santa Cruz Road, stated, in part, that
he understands that the race track is trying to survive in these
difficult times. They are changing the nature and scope of their
business. He is concerned with security in that his area
sometimes serves as an overflow parking area. He is concerned
about people crossing his property to and from events at the
track and about the increased exhaust emissions.
Scott Stark, 522 Santa Cruz Road, stated, in part, that he has
been a resident for eight years and knew that Santa Anita was
there, but had he known more about traffic patterns, he might
have reconsidered. Santa Cruz is a thoroughfare between Santa
Anita and Colorado. There is a stop sign at Santa Cruz Road; but
a lot of drivers don't stop. He is concerned about the safety
of his small children. He is concerned about an increase in
crime as a result of these special events. He thinks Santa
Anita should consider alternatives. Mr. Stark volunteered his
house for the noise monitor.
David WanE, 466 Stanford Drive, stated, in part, that he has read
about riots following rock concerts. He is concerned about
safety of the City. He cited recent events in San Marino caused
by persons from outside the community.
Steve Parise. 414 San Miguel Drive, stated, in part, that he has
been a resident for twenty-two years and he thinks that a lot of
people will avoid coming to Arcadia to avoid traffic. They do
it now during the day when the track is in session. With this
proposal, traffic will start at 6:00 p. m. Also, concert goers
will be beginning to leave at 11:00 p. m. -- 20,000 cars will
create a traffic jam on Colorado Blvd. He hopes Council will
vote against this.
The City Attorney commented that the proposed ordinance has a
section dealing with traffic, and provides that the Police
10
6/21/94
1
1
36:0208
Department will evaluate each application, and apply any
necessary regulations and traffic control requirements. No
entertainment permit will be issued without review and approval
by the Arcadia Police Department for traffic control, with
written concurrence by the permittee with regard to applicable
conditions. Conditions can also include cost coverage for the
traffic control.
In Rebuttal
I
Cliff Goodrich, stated in rebuttal, in part, that the only things
that are planned at this point are two family-oriented festivals.
The word, "concert" surfaced from the audience against this
proposal. Santa Anita is aware of the noise considerations.
They are not going to have any rock concerts. Santa Anita does
not want to get into that kind of situation; it would be negative
and would backfire on them and the community. The card club
comment by Mr. Serar bothered him because he was sure Mr. Serar
knew how it was meant. It was obvious after discussion with Mr.
Serar that not much of any proposal was going to work. The
comment was if he was so concerned about traffic and noise, how
would he feel about a card club. Mr. Goodrich did not say it
because they have some hidden plan or agenda, but only to point
out that a card club would not generate much traffic or any
noise. He did not say it because they have that plan, but to
find out what Mr. Serar might accept. If there were ever to be
any plan for a card club or other legal gaming activity, the
community and the City Council will be the first to know about
it. There are no such plans. With regard to looking at
alternatives. Santa Anita has been looking at alternatives for
five years and is continuing to look at them. It is true Santa
Anita needs to raise revenues. It is about survival. He does
not know what will happen if they have to wait five years to do
something to generate revenues. Santa Anita is a public company;
the weaker they are, the more exposed they are in the market
place. They have to do something which they do not feel will be
intrusive especially with the perimeters the City has put upon
Santa Anita. With regard to securing approval for each event,
Santa Anita will have to submit a plan for each event thirty days
in advance. This will have to be approved by the City Manager
and the Police Department. They do not have a blank check for
every event planned. These festivals can be conducted in a
positive mode, and will be a tribute to the City and Santa Anita.
Santa Anita hopes Council will approve this proposal; there will
be a minimal amount of problems; adjustments can be made if there
are. They hope they can have the chance to do this; they are
very optimistic that it can be done with virtually no negative
comments.
1
In response to questions from Mayor Young, Mr. Goodrich replied
that the two festivals contemplated will probably be held in the
infield area. There will be multiple stages rather than one
central stage. Mr. Goodrich responded to Councilmember Margett
that Santa Anita cut dividends because they were slowly
liquidating the company and the cuts were necessary. By cutting
the dividend, there will be more money to put into track
improvements, and to build up monies for the time when there is
a master plan, so Santa Anita will be able to put something other
than land into some possible future joint venture.
The City Attorney noted that earlier he had raised a concern
about content of the discussion, but that legal concern changes
when the applicant stands up before the Council and states
basically they are not going to have a particular kind of
concert, which, for lack of a definition, we will call a rock
concert. If Council wishes to give direction for a performance
agreement and if the applicant is prepared to commit that there
will be no rock concerts, that clause can be included in the
ordinance. Mr. Goodrich stated that, as a reasonable person
would define rock concerts, Santa Anita does not plan to have any
11
6/21/94
36:0209
rock concerts, and would be more than willing to commit to that,
The City Attorney explained that since they are willing to
stipulate content, such a clause could be added to the ordinance.
On MOTION by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED, the public hearing was CLOSED.
Councilmember Kuhn noted that she understands the concerns of the
residents because of these proposals. She does think that
including Santa Anita under the City noise code will provide for
stricter controls. She also understands the financial problems
Santa Anita is facing. Arcadia is a community of homes, but a
certain amount of revenue is required to maintain our standards.
She is sorry that there is so much mistrust on the part of the
residents, and thinks that Santa Anita has a selling job to do
in this regard.
At the request of Councilmember Lojeski, the City Attorney stated
that, .. A perception existed because of something on Dr.
Lojeski's disclosure form which at that time was disclosure of
a stock interest in Santa Anita. There is a distinction between
what is disclosed and what creates a conflict of interest. Just
disclosing something does not create a conflict. For a conflict
to have existed, it would have been required that his stock
interest exceed $10,000 and that is because Santa Anita Realty
is under the New York Stock Exchange. He had an interest that
was far under that, and therefore did not have a conflict of
interest. In any case, Dr. Loj eski during his tenure on the
Council has always advised the City Attorney in a very timely
matter of anything that could crate a conflict. In this case.
he did not have one. However, to avoid even the appearance of
a potential conflict, he no longer holds that stock interest. and
has no holdings of any sort wi th regard to Santa Anita. I
believe that is the point he wanted to clarify, and I am happy
to do that".
Councilmember Lojeski commented that after doing business in
Arcadia for over sixty years, Santa Anita has been a good
neighbor, and he is sorry to see the mistrust that has occurred
among_some of the residents. But he understands that times have
changed and we all have to adjust. During the ten years he has
Sat on the City Council he has not seen a potential code
regulation come to Council that had so many inclusions and
regulations to an existing ordinance to make it stronger. He
thinks that this shows the intent of a staff that is
understanding of the needs of the community and is concerned
about this situation. In some instances instead of a win-win
situation, there needs to be one of win-partial win. He feels
there are adequate safeguards and controls in this ordinance to
protect the interests of the nearby residents. With the
appropriate legal agreement, the music content can be regulated,
and this has been one of his maj or concerns. Responding to
Councilmember Lojeski's question, the City Attorney replied that
each violation of the noise code is separate and distinct from
the others, and subj ect to separate penal ty. Reports will be
given to the Council concerning each event. He feels Council
should be part of the approval system up front.
Mayor Pro tern Chang expressed concern about the decibel levels
during such events at the race track. He is also concerned about
the increased amount of traffic and air pollution that will
result. He realizes that Santa Anita is finding it hard. to
survive in these difficult financial times; he does not know '.hat
"-
the answer is. But because of the concerns expressed here
tonight, he will not vote to approve this. Also, he does not
agree with Councilmember Loj eski' s suggestion that Council should
become involved in the details of approval of such matters; staff
should do this. Councilmember Lojeski cited a situation in
which Council intervention would have been helpful. He thinks
it is very important for Council to have some input.
12
6/21/94
I
1
~
1
1
3.
PUBLIC HEARING
COVENANT
CONTINUATION
FOR SEWING
ROOM WITHIN
GARAGE
M-78-8l
(658 W.
Naomi Av.)
(DENIED) o,to .~,-
ORDINANCE
NO. 2011
(I)lTRODUCED)
O,f5o-Ib_'-
(}>t>.70
ORDINANCE
NO. 2013
(INTRODUCED)
() ,,-ro - .6.0
(Ji;r.'lO
36:0210
Councilmember Margett agreed with Councilmember Lojeski regarding
Council input in these matters. He also felt the noticing
procedure for such important hearings should be looked into.
Council should develop some sort of consensus approach when
handling this type of major issue, which directly affects so many
Arcadia residents. Further, Councilmember Margett recommended
a committee be formed composed of Council, residents and Santa
Anita to come to a resolve on this matter.
Mayor Young agreed that the residents should have been notified,
and hoped that problem could be rectified in the future. She
feels this plan needs to be tried; there is a sunset clause; and
the pilot program can be stopped in mid-year if Council so
wishes. She wants to protect the citizens, but also wants to
keep business here in the City. She agrees with Councilmember
Margett's suggestion of the City and Santa Anita working together
for the benefit of everyone.
The Assistant Community Development Director/Planning presented
and read the title of Ordinance No. 2011: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING SECTION
9273.1.15 TO THE ARCADIA MUNICIPAL CODE ALLOWING OUTDOOR
ENTERTAINMENT EVENTS IN THE 5-1 ZONE AND PROVIDING FOR REPEAL OF
SECTION 9273.1.15 ON OCTOBER 1, 1995"
It was MOVED by Councilmember Lojeski, seconded by Mayor Young
and CARRIED on roll call vote as follows to APPROVE and FILE the
Negative Declaration; FIND that the text amendment will not have
a significant effect on the environment; and INTRODUCE Ordinance
No. 2011.
AYES;
NOES:
ABSENT:
Councilmembers
Councilmembers
None
"
Lojeski, Margett and Young
Chang and Kuhn
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows to INTRODUCE
Ordinance No. 2013: "AN ORDINANCE' OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE
BY ADDING A DIVISION 7 TO PART 1 OF CHAPTER 4 OF ARTICLE VI
REGARDING OUTDOOR ENTERTAINMENT EVENT PERMIT REQUIREMENTS AND
REGULATIONS AND PROVIDING FOR REPEAL ON OCTOBER 1, 1995.";
including a provision for Council review; and a prohibition of
rock concerts; the community committee consensus approach with
regard to noise guidelines, traffic control, hours, how the event
may be regulated, etc.; also after the first event occurs,
Council to have an assessment of that particular event.
AYES:
NOES:
ABSENT:
Councilmembers Lojeski, Margett and Young
Councilmembers Chang and Kuhn
None
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows to DIRECT staff
to prepare a pilot program noise control fee which will be needed
to assess against Santa Anita in order to hire a qualified sound
and noise expert. Also, to DIRECT staff to prepare and bring to
Council a revised admissions tax ordinance.
AYES:
NOES;
ABSENT:
Councilmembers Lojeski, Margett and Young
Councilmembers Chang and Kuhn
None
Consideration of a request from Dr. Bruce Ballard to extend the
provisions of a covenant for a conditionally approved
Modification (M-78-81). to a new owner, Mrs. Norma Echabarne,
allowing a sewing room within the garage of a condominium at 658
West Naomi Avenue. Unit 22. This is contrary to the terms of the
13
6/21/94
,
~ I
\
,
I
I
,
,J
36:0211
covenant as granted which required the removal of' the sewing room
upon transfer of the property. The sewing room was added without
a permit in the two car garage by the original owner in 1978.
Rather than remove the sewing room and restore the two car
garage, Dr. Ballard wishes to sell the condominium to the new
buyer who would accept responsibility for eventual removal of the
sewing room and restoration of the, two car garage. Again, this
is contrary to the terms of the covenant recorded in 1979. The
Board of Directors of the condominium home owner's association
has submitted a letter to the City in opposition to this current
request. The Board Vice President has indicated that the CC&Rs
of the condominium' restrict the use of their garages to the
parking of au~omobiles and recreational vehicles. The Arcadia
Municipal Code stipulates that in order to approve a
modification, one of the following findings must be made. 1)
approval will secure an appropriate improvement; 2) present an 1
unreasonable hardship; or 3) promote uniformity of development.
The Planning Division recommends denial of Dr. Ballard's request.
If the condominium is sold, the sewing room should be removed and
the two car garage restored prior to the close of the sale.
Mayor Young declared the public hearing OPEN.
In Favor
/ ft-
Elmer Black, Real Estate Agent, Coldwell Banker, representing
Mrs. Norma Echabarne, who is the buyer and is fully aware of this
covenant. Mrs. Echabarne is asking.Council to extend '!:his
covenant to her. She is a single, w1idowed lady. One of i the
things that attracted her to this condominium is the sewing ~oom
completely enclosed within the garagef. It is approximately 6'
x 10'. She only has one car and therd is space for that. fhis
room joins the kitchen and has a laurtdry facilit.y-.-She has a
slight walking problem when there are steps. She requests that
Council extend this covenant to her as the new buyer.
Norma Echabarne, 664 West Norman, stated, in part, that she would
like to see this covenant continued. She is handicapped and she
likes this condominium with the sewing room because it is on one
level. She has a small Mustang auto" and there is ample parking
space.
Bvron Beck, Attorney, 936 Norumbega Drive, Monrovia, former
resident of Arcadia, stated, in part, that he is speaking -on
behalf of the seller and the buyer. This request is mutually
beneficial to all parties to the transaction. The homeowners
association, although they object to the continuation of this
modification, is not a party to the transaction. He would
encourage Council to consider that continuation of this
modification is well within the spirit of both the Arcadia
Municipal Code and the 'California Civil Code. The California
Code was amended in 1985, seven years after the enactment of this
modification and part of the provisions contained in the Civil
Code, Section 1360 spell out that the owner of a property has the
ability to modify internally the structure of a condominium as
long as it does not adversely affect the structural integrity of
the property. That same Civil Code Section also provides for
modifications that accommodate handicapped and disabled
individuals. This sewing room is such a modification. The buyer
is not asking for costly improvements; all she is asking for is
continuation of an existing modification. This modification is
not an intrusion into any other residence that occupies the
property over which the homeowners association claims
j urisdic tion. I t does not' intrude into any common areas: It
is worth noting that in this particular instance, the
modification does improve the value 0(, the property. There will
be a cost if it is removed, not only fn the cost of removal,: but
in the value of the property itself. There will be no impaqt on
the parking in this area. Mrs. Echabarne is a single car o~er.
If the modification is removed, it will introduce a stairway~into
,
I
,
6/21/94
1
14
~--
1
1
36:J"d
the garage structure which will be difficult for Mrs. Echabarne
to negotiate. What is being sought here is eminently reasonable.
Actually under Civil Code Section 1360, the homeowner's
association could be compelled to provide this accommodation
based upon her disability. The City Attorney stated that the
City Council cannot be compelled to grant the modification. This
is a discretionary process and, even though the homeowner's
association is not a part of the transaction, they are a part
of this process. This is land use decision. This request is
inconsistent with the homeowner's association's CC&Rs.
Councilmember Margett noted that the City has set parking
requirements for condominiums. Councilmember Margett also
reviewed the circumstances of the original covenant, since he was
a Councilmember at that time.
Elmer Black, responded to a question from Councilmember Lojeski
that Dr. Ballard had in fact moved into the condominium last
year, but the title has not changed.
Jefferv Wu, Real Estate Agent,
house last year when Dr.
condominium for a few months,
on a mission for his church.
stated, that he
Ballard moved
because he was
sold Dr.
to his
soon to
Ballard's
mother's
be called
In Opposition
Shirlev Shaltus, Vice President, Arcadia Village South Owner's
Association, 640 West Naomi Avenue, stated, in part, that she is
present to defend the Association's CC&Rs. The CC&Rs forbid the
construction of anything of this sort in the garage. The City
is a party to this covenant. Mrs. Jasmine Ballard completely
disregarded the Association when the room was constructed. Dr.
Ballard has not consulted the Association in this matter. He
wants to break the covenant which requires the removal of the
sewing room upon transfer of the property, and also have the City
break the covenant. Ms. Shaltus does not believe the covenant
should be broken. Condominiums are required to provide two and
one half parking spaces per unit.
In Rebuttal
,
Elmer Black, stated that a permit was pulled for the construction
of the sewing room. Councilmember Lojeski noted that the permit
was pulled two years after the construction was actually
performed.
Bvron Beck, stated, in part, that all Council is being asked to
decide is whether or not to continue the modification which he
feels is reasonable.
On MOTION by Councilmember Loj eski, seconded by Councilmember
Margett and CARRIED, the public hearing was CLOSED.
Considerable discussion ensued among Councilmembers.
Councilmember Lojeski said he would not approve continuation of
the covenant, out of consideration for the parking regulations.
and because there is no unreasonable hardship; it actually
promotes non-uniformity of development. Councilmember Margett
agreed with Councilmember Lojeski' s comments. Mayor Pro tem
Chang noted that in 1978, the Council approved the modification;
in 1994 the situation is similar; apparently there has been no
impact on parking. Removal would decrease the value.
Councilmember Kuhn thought the modification should be denied, and
the property returned to conform with the legal parking
requirements. Such modifications should be discouraged. Mayor
Young said that for the integrity of the covenant and the
Council, the Council needs to uphold the CC&Rs as well as the
parking requirements.
15
6/21/94
4.
PUBLIC
HEARING
CABLE TV
FRANCHISE
AGREEMENT
EXTENSION
(TCI and
City of
Arcadia -
2 Years)
(APPROVED)
.'
RESOLUTION
NO. 5798
(Approving
Corp.Reorg.
Tele-Commun-
ications
,& Liberty
Media Corp.)
(ADOPTED)
tJ tf'1() .,3 0
36:0213
It was MOVED by Councilmember Lojeski, seconded by Mayor young
and CARRIED on roll call vote as follows that, based on evidence
presented, approval of the request would not secure an
appropriate improvement, or prevent an unreasonable hardship, nor
promote uniformity in development, and MOVED to DENY extension
of M- 78 -81, and DIRECT staff to enforce the provis ion of the
covenant in the event the condominium is sold.
AYES:
NOES:
ABSENT:
Councilmembers Kuhn, Lojeski, Margett and Young
Councilmember Chang
None
Consideration of adoption of Resolution No. 5798, approving the
corporate reorganization of Tele-Communications, Inc. (TCI) and
Liberty Media Corporation: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE CORPORATE
REORGANIZATION (CHANGE OF CONTROL) OF TELE-COMMUNICATIONS, INC.,
THE PARENT COMPANY OF THE FRANCHISE HOLDER, AND LIBERTY MEDIA
CORPORATION". Further staff recommends that the City Council
extend the existing Cable Television Franchise Agreement with TCI
for two years (through July 5, 1997).
I
In 1985, the City entered into a 10 year cable television
franchise agreement with Group 101 Cable, Inc. Daniels and
Associates took over the operation of the cable television system
in 1986. In 1988, Daniels was brought out by United Artists.
Eventually, United Artists merged with Tele-Communications, Inc
(TCI), the City's current cable television operator. The City's
existing cable television franchise agreement is scheduled to
expire July 4, 1995. The existing franchise agreement with TCI
requires that they purchase specific equipment for public access
purposes. To date, the City has not been provided with the
public access equipment listed in the franchise agreement. A
letter has been received from the legal firm representing TCI
stating that TCI has agreed to pay the City $272,682 in lieu of
providing the City with the public access equipment. In
addition, TCI has agreed to pay the City $15,000 for each year
remaining in the agreement to cover the cost of the operation and
maintenance of the cable equipment which will be installed in the
Ci ty Council Chambers. TCI' s payment to the Ci ty in exchange
for providing public access equipment could total $317,682.
Further, TCI has requested that the City extend the existing
cable television franchise agreement for two years. No extension
could be granted unless there is full compliance with the public
access portion of the existing franchise agreement. The payment
of $317,682 would bring the public access portion of the
franchise agreement into compliance.
Mayor Young declared the public hearing OPEN.
Scott Adler, TCI and Affiliates, stated, in part, that he is
presenting a check to the City in the amount of $287,682, which
will cover the access equipment which the City had requested and 1
the $15,000 for the first year's operation cost. In addition to
that, TCI will commit to the payment of $15,000 per year pursuant
to the franchise agreement. Mr. Adler added that TCI is ready
to assist and cooperate with the City in any way possible. TCI
is looking forward to a continuing partnership with the City.
On MOTION by Councilmember Lojeski, seconded by Mayor Young
and CARRIED, the public hearing was CLOSED.
It was then MOVED by Councilmember Lojeski, seconded by
Councilmember Margett and CARRIED on roll call vote as follows
to ADOPT Resolution No. 5798, approving the corporate
reorganization of TCI and Liberty Media: APPROVE the two year
extension of the existing cable television franchise agreement,
and AUTHORIZE the City Manager to sign the agreement following
approval as to form by the City Attorney.
.16
6/21/94
1
1
5.
PUBLIC
HEARING
ANNUAL
OPERATING
BUDGET
(FY 1994-95)
(APPROVED)
OJ020."c"O
36:0214
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
CITY COUNCIL RECESSED FOR 5 MINUTES
AND RECONVENED AT 12:20 A. M.
The City Council began discussion of the proposed fiscal year
1994-95 budget at the study session on May 10, 1994. Additional
budget study sessions have been held on May 24, May 31 and June.
8, 1994. As initially presented, the preliminary budget
reflected a revenue shortfall in the General Fund of $2,256,064.
The study sessions identified numerous revenue enhancements and
cost reductions to address this shortfall. The fiscal impact is
outlined in detail in staff report dated June 13, 1994.
Implementation of these revenue enhancements and cost reduction
measures will bring the FY 1994-95 operating budget into balance.
Notice of the public hearing was published in the newspaper as
required by the City Charter.
Mayor Young declared the public hearing OPEN.
Karen Towner, 330 El Dorado, stated, in part, that over the past
several months and, particularly during the recent election,
there were charges made about the previous City Council's
spending practices. Little was done to address this charge and
that is unfortunate. Certainly, if the City faces the dire
economic consequences that are portrayed at every Council meeting
and in the community, the citizens of Arcadia must rally to the
cause. If, however, these consequences are not real, then the
Council must present the citizens with the true picture. She has
spent a great deal of time analyzing the proposed budget, and
feels compelled to state that the "deficit" that is so frequently
mentioned is really a "ghost" figure. She proceeding to present
figures from the City's "Sources of Funds", the "Uses of Funds"
and the General Fund, and concluded that, in essence, the City
is using 36% of City revenues to run this City next year, and are
setting aside 64% of the revenue as ending fund balance. She
further stated that a) the same $3.2 million "Emergency Reserve"
next year as this year; b) close to $10 million dollars in the
"Equipment Replacement" account; almost the same as last year;
c) more than $2 million dollars in its Capital Outlay account
before any appropriations are made. These total nearly $18
million dollars. That is 72% of the General Fund expenditures
and 26% of total appropriations. A further analysis of the
General Fund Budget, the "Emergency Reserve", the "Equipment
Replacement Fund" and budgeted income for "Capital Outlay",
indicates that now the reserve available for the impending
"economic catastrophe" is 72% of the operational budget. Mrs.
Towner continued that it would appear that the City is well
positioned to weather any economic storm, certainly for the short
term, and most likely for the long term. Then how can the City
Council in good conscience continue to stress a budget crisis
and expect the employees to make personal financial sacrifices
to meet the "deficit" when there is no deficit. How can the City
Council focus on buildings and equipment when it is a service
entity whose very nature is defined by employee service to the
citizens.
Ken Marston, representing the Arcadia Firefighters Association,
stated, in part, that last year at this time the Firefighters of
Arcadia and the State of California were commended by this
Council, the County of Los Angeles and the State of California
and its citizens for the tremendous job that they had done in the
L. A. riots, the wildland fires, the floods that followed,
earthquakes, and their everyday job of protecting the citizens
of Arcadia. In what is becoming a classic example of "what have
17
6/21/94
36:0215
you done today?", the Council seems to have forgotten the same
people they praised, and are speaking of cutting wages and
benefits. These are the same people that you will ask to leave
their families and respond to protect you and the citizens of
Arcadia in the next emergency. The way you reward their
dedication and professionalism is to consider taking away wages
and benefits from the very people that a few months ago you said
could not be paid enough for what they did, and the risks that
they took for you.
The City of Arcadia came to the Firefighters Association in 1993
with a request to assist the City through a difficult time. The
Firefighters came to the aid of the City as they always do in
time of need, and deferred a pay raise for a year. This resulted
in the City saving over one hundred thousand dollars. The City
promised that they would not come back to the Association in 1994 1
with a request to defer any further pay raises or cuts without
first trying every other option. The City also promised a salary
survey of surrounding cities in contract talks that were
scheduled for May of 1994. Talks cannot commence until a final
budget is approved. Council is now discussing budget cuts that
would result in a negative impact: on the Association. Such
negative impact will be met by a challenge from the Association.
The Association does not feel that the Council is honoring the
intent of the Agreement.
The Association is concerned with recent comments made by Mayor
Pro tem Chang and others at the Council in regard to wages,
hours, benefits and working conditions. The idea of balancing
the budget on the backs of the City employees by cutting their
salaries or furloughing them for a week without pay is
shortsighted, and a band-aid approach to the budgetary process.
He called Council's attention to the Myers-Milias-Brown Act and
the need for a meet and confer process, and that failure to meet
and confer violates State labor laws, and the result would be
action taken by the Association with the State Labor Board, and
a possible lawsuit to protect the rights and contracts of the
Arcadia Firefighters.
The City of Arcadia has a reserve fund which was set aside during
good times to see it though the bad. All of us have been forced
to dip into savings during hard times, and the City should be no
exception. How can a City with millions of dollars in reserve
expect anyone to believe that it cannot afford to honor
contractual obligations and still be able to run the City. Mr.
Marston further noted that the City of Monrovia has increased its
tax base by encouraging new companies to do business there; while
Arcadia has had a declining tax base, buildings sitting vacant
and run down and businesses leaving the City. The Council during
its discussion tonight indicated they would like to continue the
employees' dinner and picnic; the Association would prefer that
the Council cut the employees' dinner and picnic and instead
honor their contractual obligations.
On MOTION by Councilmember Lojeski, seconded by Mayor Young and
CARRIED, the public hearing was CLOSED.
1
Councilmember Lojeski stated, in part, that Council has not
discussed cutting employee salaries or implementing unpaid
furloughs. Property taxes and sales tax revenues have declined;
but Nordstroms will generate new sales tax. Councilmember
Lojeski indicated that Council needs to implement a definite plan
to generate revenues, perhaps especially in the downtown area,
rather than to cut employee salaries. We need leadership at the
top to determine how this City will be operating in the year
2000. We need to be proactive rather than reactive. He
understands the process of reserves and why reserves are
generated and put in certain areas. Balancing this budget to the
tune of $418,564 by using unexpended funds is not doing business
18
6/21/94
1
1
RESOLUTION
NO. 5803
(ADOPTED)
03':;0--:>-0
6.
PUBLIC
HEARING
FIVE-YEAR
CAP IT AL
IMPROVEMENT
PLAN /
EQUIPMENT
ACQUISITION
PROGRAM
(1994-95 -
1998-99)
(APPROVED)
t1.3:J.f,I-.>i-a
36:0216
in the wrong way. This Council has never done business that way.
Council has always stood by its labor agreements.
Councilmembers Kuhn and Margett agreed with Councilmember
Lojeski's remarks, although Councilmember Kuhn had a problem with
labor contract discussions after the budget is approved, rather
than before. Mayor Pro tem Chang noted that the 5% cut was for
supplies and across the board. He has always indicated that the
Fire and Police Departments should be fully funded. No work
furlough is planned for this year.
Councilmember Margett indicated that Council had an economic plan
for the downtown revitalization and he recalled that, during
Councilmember Kuhn's campaign, she felt that it was not
appropriate for the City to do that. He inquired if she would
support that plan for downtown revitalization. Councilmember
Kuhn felt that the money planned to be spent on the downtown
revi talization was being spent in the wrong area. She would like
to see funds to encourage businesses and owners perhaps on the
buildings. The street and sidewalks are all right; the buildings
are unsightly. Councilmember Margett felt that the streets,
sidewalks, trees, etc., all need revitalization. The City needs
to take the lead. The City Attorney and the Acting City Manager
stated that the downtown revitalization will be an item for
discussion at the July 19, 1994 Council meeting. Mayor Young
said that in all the budget discussions, Council was very
sensitive to the City employees as well as to the matter of
generating revenues. As for using the funds from the Equipment
Fund, she looks at it as using the interest from the money in
that fund and not reducing the principal.
Councilmember Margett stated that the analysis of the 1994-95
budget submitted by Mrs. Karen Towner represented a tremendous
amount of work on her part, and should be reviewed by staff to
determine whether or not her conclusions are correct.
The Acting City Manager presented and read the title of
Resolution No. 5803: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL
YEAR 1994-95 AND APPROPRIATING THE AMOUNT SPECIFIED THEREIN AS
EXPENDITURES FROM THE FUNDS INDICATED".
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows that Resolution
No. 5803 adopting the Annual Operating Budget for fiscal year
1994.95 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Consideration of the Five-Year Capital Improvement
Program/Equipment Acquisition Program 1994-95 through 1998-99.
The five-year Capital Improvement Plan (CIP)/Equipment
Acquisition Program is not a budget, but rather a general
financial plan for capital improvements and equipment
acquisitions and the proposed means of financing them. The five-
year Capital Improvement Program was first presented to the City
Council on May 10, 1994. Additional discussions were held in
conjunction with the presentations of the annual operating budget
at subsequent study sessions. Notice of the public hearing was
published in the newspaper as required by the City Charter.
This year's five year Capital Improvement and Equipment
Acquisition Programs are segregated and categorized into major
types of projects and corresponding costs. Equipment
acquisi tions have been categorized into types of equipment.
These are all outlined in staff report dated June 13, 1994.
Total proposed capital improvements identified for the five year
19
6/21/94
RESOLUTION
NO. 5802
(ADOPTED)
03:)O-j,(")
7.
PUBLIC
HEARING
CONSTITUTIONAL
APPROPRIATION
LIMITS
(FY 1994-95)
(APPROVED)
0..3;)0-/0
RESOLUTION
NO. 5804
(ADOPTED)
0.3';;0-10
36:0217
period amount to approximately $21,250,000. Funding for these
projects is obtained from numerous sources including gas tax
receipts which are restricted for street maintenance and
construction; water user charges to residents and businesses for
water projects; race track receipts for projects to improve the
City's infrastructure of buildings and grounds; special property
tax assessments for major street lighting projects; development
fees for parks and recreational facilities as well as other
related financing resources, including the Equipment Replacement
Fund.
The Acting City Manager presented and read the title of
Resolution No. 5802: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADOPTING A CAPITAL PROGRAM FOR 1994-
1995 THROUGH 1998-1999 FISCAL YEARS".
Mayor Young declared the public hearing OPEN.
1
No one desiring to be heard, on MOTION by Councilmember Lojeski,
seconded by Mayor Young and CARRIED, the public hearing was
CLOSED.
It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that Resolution
No. 5802 adopting a Capital Improvement/Equipment Acquisitions
Program for the five year period 1994-95 through 1998-99 be and
it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Consideration of a resolution establishing an appropriations
limit for Fiscal Year 1994-95. Article XIII-B of the State
Constitution imposes a limit ("the Gann Initiative") on tax
proceeds that can be appropriated for expenditures in any given
fiscal year. Section 7910 requires the City to establish the
limit by resolution. The appropriation limit is based on actual
City appropriations during the 1978-79 fiscal year and is
increased each year using growth of population and inflation
figures. The formula by which the City is permitted by law to
calculate the appropriations limit is outlined in considerable
detail in staff report dated June 14, 1994. The 1994-95
appropriation limit is $30,808,844. Based on calculations, the
City is currently under its limit by $15,475,844 for 1994-95.
The Acting City Manager presented and read the title of
Resolution No. 5804: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR 1994-95 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA
CONSTITUTION" .
Mayor Young declared the public hearing OPEN.
1
No one desiring to be heard,
Margett, seconded by Mayor Pro
public hearing be CLOSED.
it was MOVED by Councilmember
tem Chang and CARRIED that the
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows that Resolution No.
5804 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
20
6/21/94
1
1
'030 -~O
,.)J P
CHANG
(Election
Contest
Case
Dismissal)
(Absence from
June 28,1994
CC Meeting)
LOJESKI
(Recreation
Dept. Items
to be
Discussed
With School
Board)
tJ ,'t.\ - _ .2.0
36:0218
MATTERS FROM ELECTED OFFICIALS
Mayor Pro tem Chang reported that he is pleased to announce that
the election contest filed by Mrs. Fasching against him has been
dismissed. He hopes we can all get past this and move forward.
The City of Arcadia needs everyone of the councilmembers to work
together to get things done and done well.
Mayor Pro tem Chang announced that he will not be in town for the
next City Council study session on June 28.
Councilmember Lojeski stated that he is the Council liaison to
the Recreation Commission. He asked for a consensus of Council
to allow him to represent Council in some discussions with the
School Board with regard to the School District's summer
recreational activities and day care programs at two of the
playgrounds usually used by the City for summer activities.
The City through the Recreation Department has always supported
summer recreational projects -- playgrounds where parents at no
cost can bring their children for supervised summer activities.
This program has been supported for years and years. The School
District has recently distributed an information brochure, and
has basically closed two of the programs and two of the
facilities that were originally build for the use of the youth
of the community. Councilmember Lojeski feels they are straying
away from the philosophy of what the recreation program has
always been in this City. The District will now have an extended
child care program during the school year at the Hugo Reid Youth
Hut which was originally built by the Rotarians or other groups
in the community for the use of the youth of Arcadia. Also, the
City in the past has joined forces with the School District to
do many things they were unable to, such as putting in lawns,
sprinkler systems, recreational play areas, etc. In response to
his questions, the Recreation Director stated there are currently
six elementary schools, two of which are closed. In the past,
four playgrounds were operated by the City; currently there are
only three. He also noted that the day care program at Hugo Reid
School has been cancelled. The District's summer program at
Camino Grove School has 45 children. The City's camping program
is down because of this other program. It was the consensus of
Council that Councilmember Lojeski represent the Council in his
discussions on these matters with the School District.
Councilmember Lojeski stated that the City of Sierra Madre will
have to find a million dollars somewhere to repair their water
system. He would like Eldon Davidson to put together a report on
how a neighboring City has not set aside a reserve for a major
rehabilitation of a utility. We can learn from it. Councilmember
Margett said there is no mystery about this; Mr. Davidson knows
about it. The Acting City Manager said that a written report
could be prepared, but he would need the City Attorney's advice
regarding publicly discussing Sierra Madre's business. It was
the consensus of Council that Mr. Davidson prepare such a report
for Council.
'030 -.;;JO
(DiscussionNSf"Councilmember Lojeski took exception to Mayor Pro tem Chang's
in Council earlier remarks with regard to the election lawsuit against him.
Mtg. of This was a private problem; the City was not involved. This
Chang would be equivalent to Councilmember Lojeski discussing some
Election private legal matter or lawsuit. He feels it is inappropriate
Lawsuit) for such matters to be discussed at a Council meeting.
I<3$1.:.~' p
(Chang N" Councilmember Lojeski said he is amazed that Mayor Pro tem Chang
Conflict claims to be an expert on the subject of conflict of interest.
of During the election campaign, Dr. Chang had remarked on this
Interest) subject in an inflammatory manner with regard to Councilmembers
Margett and Lojeski. Councilmember Lojeski noted that Dr, Chang
is a member of the Arcadia Chamber of Commerce Board of
Directors, and as a Councilmember, has participated in
(Sierra
Madre
Water
System -
Report)
Oli-'\) _ fO
fo/S1'"
21
6/21/94
LOJESKI
(Budget
Decisions -
New
Council-
members)
(Chang
Memos to
Staff)
CHANG
(Rebuttal)
'(;.3CJ -...;'::1
NS, -.
LOJESKI
(Rebuttal)
CHANG
(Rebuttal)
36:0219
discussions of funding and expenditures for the Chamber of
Commerce. He finds this to be distasteful. When Councilmember
Lojeski had come onto the Council some years ago, he had at that
time resigned his position on the Chamber of Commerce Board of
Directors because of appearance of possible conflict of interest.
The citizens of Arcadia should decide if this is a potential
conflict of interest.
Councilmember Lojeski noted that recent discussions and decisions
about the 1994-95 budget should have provided the three new
Councilmembers an opportunity, either collectively or
individually, to bring some solutions to the table to adjust the
budget and reduce the four hundred thousand dollar deficit. That
was what he had heard during the election process. He quoted
from Councilmember Kuhn's election statement to the effect that,
"as a councilmember representing you on the City Council, Barbara
Kuhn makes the following pledge: She will support a balanced
budget for Arcadia without dipping into our emergency funds as
some incumbents have attempted to do."
1
Councilmember Lojeski remarked about a couple of memos from Mayor
Pro tern Chang to staff members. He advised Dr. Chang that he
should call or visit the staff members regarding his questions
which would save time over having the staff reply with another
memo. He has found this out in twelve years on the City Council.
Mayor Pro tem Chang replied that the election contest case had
been discussed earlier in a Council meeting. The City Attorney
had said that the City might become involved, and $2500 was
appropriated for an attorney to represent the City. It was not
inappropriate to mention it. He had checked with the Gity
Attorney regarding conflict of interest between his involvement
with the Chamber of Commerce and City Council, and he did not
think there was any conflict of interest. Further, he does not
receive any money from the Chamber of Commerce. There are two
ways to solve problems. One is by talking and one is by writing.
He prefers to write. He is helping the City by donating his
salary each month to the Police Department for their crime
prevention programs.
Councilmember Loj eski replied that some of these things are a
waste of the City's money, for instance, faxes are paid for by
the receiver. Councilmember Lojeski objected to hearing about
Dr. Chang's $200 salary donation to the Police Department every
month. What Dr. Chang has done is take the element of running
for election and serving on the City Council to a level beyond
the common person in this town. He has raised the expectations
of expenditure limits so high that now he is forcing the other
councilmembers to say, "what is this man doing?". He finds such
things as sending faxes to staff to be a complete waste of the
City's money. Dr. Chang should just pick up the phone -- that
is the way things are done in this country.
Mayor Pro tern Chang responded that time is money when taking to
staff. In reference to the donation of funds to the Police
Department, he feels sorry that Councilmember Lojeski does not
have the courage to do the same.
1
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Agency Members Chang, Kuhn, Lojeski, Margett and Young
None
22
6/21/94
1
1
1.
MINUTE
APPROVAL
(May 17,1994)
(APPROVED)
MINUTE
APPROVAL
(June 7,1994)
(APPROVED)
MINUTE
APPROVAL
(May 31,1994)
(APPROVED)
1.
2. Olo;()-30
TEMP. ST.
CLOSURE
(Monte Vista
Rd. fro
Volante
Drive to
Catalpa Rd.)
36: 0220
CONSENT ITEMS
On MOTION by Agency Member Lojeski, seconded by Agency Member
Margett and CARRIED on roll call vote as follows, the minutes of
the regular meeting of May 17, 1994 were APPROVED,
AYES:
NOES:
ABSENT:
Agency Members Chang, Kuhn, Lojeski, Margett and Young
None
None
On MOTION by Chairman Young, seconded by Agency Member Chang and
CARRIED on roll call vote as follows, the minutes of the regular
meeting of June 7, 1994 were APPROVED.
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Chang, Kuhn and Young
None
None
Agency Members Lojeski and Margett (absent from
June 7, 1994 meeting)
On MOTION by Agency Member Lojeski, seconded by Chairman Young
and CARRIED on roll call vote as follows, the minutes of the
adjourned regular meeting of May 31, 1994 were APPROVED.
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Chang, Kuhn, Lojeski and Young
None
None
Agency Member Margett (absent from May 31 meeting)
The meeting adjourned to 5:30 p. m., June 28, 1994.
CITY COUNCIL RECONVENED
CONSENT ITEMS
Considered separately (see page 25)
APPROVED request for temporary street closure for Fourth of July
block party on Monte Vista Road from Volante Drive to Catalpa
Road from 2:00 p. m. to 10:00 p. m. Permission subject to
conditions set forth in staff report from the Public Works
Director dated June 21, 1994.
3. 0 'IIO-.,3S.-
AGREEMENT APPROVED renewal of agreement with the Pasadena Humane Society
RENEWAL for animal care and control services for the period July 1, 1994
(Pasadena to June 30, 1995; AUTHORIZED the Acting City Manager, William
Humane Soc. Kelly, to execute the agreement.
July 1,1994 -
June 30,1995)
0<7/0_3 ~
ORDINANCE INTRODUCED Ordinance No. 2014: "AN ORDINANCE OF THE CITY COUNCIL
NO. 2014 OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
(INTRODUCED) ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING ANIMALS, POUND
AND POUNDMASTER".
23
6/21/94
RESOLUTION
()'I'/(1_,:,., NO. 5799
(ADOPTED)
4.
SERVICE
CONTRACT
REVISION
(Colen & Lee
, Workers'
1-) oJ..;,' r. '1
- - Compo
Program -
Rate
Increase)
5.
ADVERTISE
FOR BIDS
(Ins tall.
Fire
Hydrants
& Water
Meters
Orange Grove
Av. - W. O.
699 & 494)
:)C)I ,,_ ~,
6.
~.Q.;lO 5~-VACATION
CARRYOVER
(Conrad)
7.
MOU AMEND.
O:UO- ~e:(Fire
Fighters'
Assoc. /City)
MOU AMEND.
O~/()_SI:'(Police
Relief
Assoc. /City)
t}.1/U ..oL!lSTAFF
',"J/(,) .3 (,DIRECTION
(MOU's)
8.
~. EQUIP PURCH.
. 7,1 (1_ ~ (1FURNITURE
FOR MOD.BLDG.
(Police
Dept.)
36:0221
ADOPTED Resolution No. 5799: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, SETTING FEES FOR THE IMPOUND
AND DAILY CARE OF ANIMALS IN THE CITY OF ARCADIA, OF ARTICLE V,
SECTION 4113.15 OF THE ARCADIA MUNICIPAL CODE".
APPROVED revised service fees for the FY 1994-95 administration
of the City's workers' compensation program by Colen and Lee, in
an amount not to exceed $72,800.
APPROVED plans and specifications for the installation of 14 fire
hydrants and the relocation of 37 domestic water meters on Orange
Grove Avenue from Michillinda Avenue to Santa Anita Avenue - Work
Orders 699 and 494; AUTHORIZED the City Clerk to advertise for
bids.
1
AUTHORIZED the City Manager to carryover nine shifts of unused
vacation from FY 1993-94 to FY 1994-95 for AFFA represented
employee Captain Neal Conrad.
APPROVED the amendment (contract extension) to the Memorandum of
Understanding between the Arcadia Fire Fighters' Association and
the City of Arcadia - July 1, 1991 - September 30, 1994
APPROVED the amendment (contract extension) to the Memorandum of
Understanding between the Arcadia Police Relief Association and
the City of Arcadia - July 1, 1991 - September 30, 1994.
DIRECT staff to MODIFY existing resolution provisions, as
required.
AWARDED contract to Sam Yocum, Inc. in the amount of $28,963.91
for the purchase of furniture for the Police Department modular
building. Funding for the purchase of the furniture will come
from combining amounts from the Berger Foundation ($11,480.) and
Capital Outlay Fund ($17,485.).
1
ALL OF THE ABOVE CONSENT
APPROVED ON MOTION BY
COUNCILMEMBER LOJESKI AND
ITEMS (WITH EXCEPTION OF NO.1) WERE
COUNCILMEMBER MARGETT, SECONDED BY
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmember Chang, Kuhn, Lojeski, Margett and Young
None
None
24
6/21/94
1
1
l.
MINUTE
APPROVAL
(May 17,1994)
(APPROVED)
MINUTE
APPROVAL
(June 7,1994)
(APPROVED)
MINUTE
APPROVAL
(May 31,1994)
(APPROVED)
l.
WATER RATE
INCREASE
(FY 1994-95)
(APPROVED)
RESOLUTION
NO. 5800
(ADOPTED)
03>0 -/oSO
l.
ORDINANCE
NO. 2007
(INTRODUCED)
(J/.J u .,; 0
36:0222
On MOTION by Mayor Young, seconded by Mayor Pro tem Chang and
CARRIED on roll call vote as follows, the minutes of the regular
meeting of May 17, 1994 were APPROVED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
On MOTION by Mayor Young, seconded by Mayor Pro tem Chang and
CARRIED on roll call vote as follows, the minutes of the regular
meeting of June 7, 1994 were APPROVED.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Kuhn and Young
None
None
Councilmembers Lojeski and Margett (absent from
June 7 meeting)
On MOTION by Mayor Young, seconded by Mayor Pro tem Chang
and CARRIED on roll call vote as follows the minutes of the
adjourned regular meeting of May 31, 1994 were APPROVED.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Kuhn, Lojeski and Young
None
None
Councilmember Margett (absent from May 31 meeting)
CITY MANAGER
Based upon the Water Division's proposed 1994-95 budget, staff
recommended that the City Council approve a water rate increae~
of 5% from $.82 to $.86 per 100 cubic feet (748 gallons) and
increase the bimonthly base charge for all water meters by $1.00
(for example, a 3/4 inch meter from $6.00 to $7.00).
Resolution No. 5800 presented and title read by the Acting City
Manager: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SETTING CITY WATER RATES AND FINDING THE
RATES WILL NOT EXCEED THE ESTIMATED AMOUNT NECESSARY TO FUND
OPERATION OF THE CITY WATER SYSTEM".
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Resolution
No. 5800 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
CITY ATTORNEY
Ordinance No. 2007 presented for introduction and title read by
the City Attorney: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2251 AND 2251.1 OF THE
ARCADIA MUNICIPAL CODE CHANGING THE MEMBERSHIP OF THE PLANNING
COMMISSION FROM FIVE (5) TO SEVEN (7) AND SETTING FORTH
ATTENDANCE REQUIREMENTS..
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Ordinance
No. 2007 be and it is hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
25
6/21/94
2.
ORDINANCE
NO. 2008
(ADOPTED)
OJ.!,.-O - "-'0
3.
ORDINANCE
NO. 2012
(INTRODUCED)
(h-/s-. 70
MAI:.GETT
(In Memory
of H.
William
Thee)
CLOSED
SESSION
0/10 - '-10
ADJOURNMENT
(June 28,1994
5:30 p.m.)
ATTEST:
Alford,
36:0223
Ordinance No. 2008 presented and title read by the City Attorney:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A
CHAPTER 8 TO ARTICLE I AUTHORIZING THE COLLECTION OF DELINQUENT
CHARGES AND SERVICE FEES VIA PROPERTY TAX COLLECTION LIEN
PROCEDURES".
It was MOVED by Councilmember Margett, seconded by Mayor Young
and CARRIED on roll call vote as follows that Ordinance No. 2008
be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Ordinance No. 2012 presented for introduction and title read by
the City Attorney: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING ARCADIA MUNICIPAL CODE SECTION
4620.2 BY DELETING SUB-SECTION (E) TO ELIMINATE THE EXEMPTION OF
Sol PROPERTY FROM CITY NOISE LIMITS".
1
It was MOVED by Councilmember Margett, seconded by Mayor Young
and CARRIED on roll call vote as follows that Ordinance No. 2012
be and it is hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Kuhn, Lojeski, Margett and Young
Mayor Pro tem Chang
None
MATTERS FROM STAFF
None
Councilmember Margett adjourned the meeting "in memory of H.
William Thee. a resident of Arcadia for forty- two years, who
passed away May 22 at the age of eighty-four. He was well known
in the food industry and was a master baker in his trade. He
founded Thee of California in San Gabriel where he specialized
in fruit cakes and cookies. Mr. Thee was a charter member of
the Arcadia Elks Club and very active in community events. He
was also past president of the San Gabriel Kiwanis Club and was
the recipient of the Legion of Honor Award. Services were held
May 25 at Lutheran Church of the Cross. Mr. Thee is survived by
his wife of forty-nine years, Veronica; two sons; one daughter;
and six grandchildren".
Mayor Young announced that Council will ADJOURN to a closed
session pursuant to Government Code Sections 54954.2 and 54957
regarding the performance evaluation of the Acting City Manager.
At 2:03 a.m. the City Council ENTERED the CLOSED SESSION,
RECONVENED and ADJOURNED at 2:15 a. m., Wednesday, June 22, 1994
to 5:30 p. m., Tuesday, June 28, 1994 in the council chambers for
an adjourned regular meeting (study session) to conduct the
business of the Council and the Arcadia Redevelopment Agency and
any closed session necessary to discuss personnel, litigation
matters and evaluation of properties.
1
?1!-fl16-~7/>
ary B. ung, Ma r
,J
)
26
6/21/94