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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