HomeMy WebLinkAboutJULY 5,1994
1
1
()IIU-S-O
0"0' 1'1
36:0229 Cc.
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF TEE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGUlAR MEETING
JULY 5, 1994
The Arcadia City Council and the Arcadia Redevelopment Agency met
in a regular meeting on Tuesday, July 5, 1994 at 7:00 p. m. in
the City Council Chamber.
Rev. Robert Thorp, Arcadia Presbyterian Church
Assistant Community Development Director/Planning Donna Butler
PRESENT:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
AUDIENCE PARTICIPATION
Mar2a1o Ashlev Ferrand, 2624 South Tenth Avenue, stated, in part.
that there has been a lot of discussion with the City of Arcadia
about ballot fraud, but Arcadia was not the only city, and this
was not the only election where questions were raised. It is
very important in a democracy for us to be aware of how our
electoral process is working and where there are problems, to
correct them. Ms. Ferrand is involved with the Senate Committee
on Voting Practices and Procedures which is investigating all of
the different problems which have come to light. Ms. Ferrand
went on to describe incidents of "bounty hunters" hired to
register voters who fill out cards for people, sign them and sign
the absentee ballot application at the same time. They are then
voted. Signatures are not carefully checked. Ms. Ferrand also
described numerous instances of people voting who are non-
citizens. In 1992 they found instances of dogs. cats and
children being registered to vote. There is also a tremendous
amount of voter duplication. Also she has learned from the
Registrar Recorder Office that there is no safety on the
registration software. Also, there is no place in the new
Registrar's facilities for poll watchers to see the election
proceedings. She has looked at books from the polling places and
has found many instances of irregularities. It costs each
county between five and seven dollars per ballot to process
absentee ballots, and this has been an area of repeated fraud.
Ms. Ferrand urges the Counci1members to look into this and be
aware that it is going on, and follow the Committee which is
chaired by Senator Diane Watson, vice-chair, Milton Marks. There
is going to be legislation presented by the Elections Committee.
Please support that legislation.
John Greaves, 117 West Leroy Avenue, stated, in part, that he is
present to thank the people - the Council, Police Department and
others - who are responsible for helping the residents who live
on Leroy Avenue. Leroy Avenue runs from Santa Anita to E1 Monte
Avenue. The problems had been with juveniles who simply took
over the street and controlled it; in effect, they owned it.
This had been on going for three or four years. The majority of
these juveniles were from out of the City. The residents would
1
7/5/94
ORD. 0. RES.
READ BY
TITLE ONLY
1. 0. 2.
Homer l'aulson
Dean Horstman
(Outgoing
Commissioners)
3.
Dean 0. Gloria
Horstman
(Proclamation)
:;1:J...j . .).()
1.
LIBRARY BD.
(Scott 0.
Vanlandingham)
36:0230
call for police help, but the teenagers had scanners and time to
leave. It got to the point where people were afraid to go out
in the evening; they were afraid to drive on the street at night
because there would be twenty to twenty-five juveniles on the
street blocking the street with their vehicles. It reached the
state where there could have been violence. They had meetings
with the residents, with the juveniles and with the police. A
petition was signed by sixty-five to seventy residents on the
street and presented to the Council. The Police Department then
instituted street patrols and in approximately one week's time
the street has reverted back to normal. He is present to say.
"thank you".
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Staff requested removal of Item No.6 from the Consent Calendar 1
Recommendation to finalize Notice of Equalization of Assessment
- 331 East Haven. That item will be scheduled for the July 19,
1994 meeting.
The Arcadia Beautiful Commission appointment will also be
scheduled for the July 19, 1994 meeting. It was not agendized
for tonight's meeting.
Also presented tonight is a modification to the staff report
regarding consent item No.3. There was mathematical error in
the computations. It does not change the staff recommendation.
QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA
ITEMS
None
It was MOVED by Councilmember Margett, seconded by Councilmember
Loj eski and CARRIED by general consent that ordinances and
resolutions be read by title only and that the reading in full
be WAIVED.
PRESENTATIONS
On behalf of the City Council, Councilmember Lojeski. presented
plaques of appreciation for their distinguished service and
accomplishments during their terms of office to Homer Paulson
(Arcadia Beautiful Commission) and Dean Horstman (Arcadia
Recreation Commission).
Mayor Young read a proclamation: "WHEREAS Dean and Gloria
Horstman have been residents of Arcadia since 1957; and WHEREAS
they have devoted countless hours of service to the community;
and WHEREAS Dean has served on the Recreation Commission and been
actively involved in Boy Scouts of America and the West Arcadia
Little League; and WHEREAS Gloria has served on the Arcadia Board
of Education and has been extremely active in Assistance League;
the Chamber of Commerce Legislative Committee; and Friends of the
Library; and WHEREAS the community spirited couple have sold
their home in Arcadia; and are moving to Savannah, Georgia with
plans to whip that City into shape. Now, therefore, I, Mary
Young, Mayor of the City of Arcadia do hereby PROCLAIM July 5,
1994 to be Dean and Gloria Horstman Day, and do extend to them
the appreciation for all they have done and best wishes for a
wonderful future",
1
BOARDS AND COMMISSIONS
~OTION by Councilmember Margett to reappoint Jo Ann Scott and
Jessie Vanlandingham to the Library Board for full four year
2
7/5/94
PLANNING
COMSN.
(Huang)
8/ ~<-.. .::,
1
PLANNING
COMSN.
(Murphy)
Ol,~). "
RECREATION
COMSN.
(Gibson)
()" J" .
1
RECREATION
COMSN.
(Wuo)
()/~IJ . ,0.:J
SENIOR
CITIZENS'
COMSN.
(Patnou)
:,.,.r~y~J. ".1
36:0231
terms to June 30, 1998, seconded by Councilmember Kuhn and
CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MOTION by Councilmember Lojeski to reappoint Edward Huang to the
Planning Commission for a full four year term to June 30, 1998.
seconded by Mayor Pro tem Chang and CARRIED on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MOTION by Councilmember Lojeski to appoint John Murphy to the
Planning Commission for a full four year term to June 30, 1998,
seconded by Councilmember Margett and CARRIED on roll call vote
as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Councilmember Margett suggested that the new councilmembers
interview the other candidates for the Planning Commission, and
move the appointments to another Council session. Mayor Young,
Mayor Pro tem Chang and Councilmember Kuhn indicated they would
like to do so. The Acting City Manager noted that. since these
interviews are a public process, a notice must be posted,
Councilmember Lojeski felt there should be a meeting with all
Councilmembers. It was agreed that each Councilmember would turn
in to the Acting City Manager a list of five candidates
indicating first, second and third choices; these names would be
cross-checked to come to a reasonable number for further
consideration.
Councilmember Kuhn MOVED to appoint Pat Gibson to the Recreation
Commission to fill the unexpired term of Dean Horstman to
6/30/95, seconded by Mayor Pro tem Chang and CARRIED on roll call
vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang. Kuhn, and Young
Councilmembers Lojeski and Margett
None
Councilmember Lojeski MOVED to appoint John Wuo to the Recreation
Commission for a full four year term to June 30, 1998, seconded
by Councilmember Margett and CARRIED on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmembers Kuhn, Lojeski and Margett
Councilmembers Chang and Young
None
Mayor Young requested that some of the nominations for the Senior
Citizens' Commission be held over awaiting recommendations from
the Golden Age Club and the Assistance League.
Councilmember Lojeski MOVED to reappoint Lois Patnou to the
Senior Citizens' Commission for a full two year term to June 30,
1996. seconded by Councilmember Margett and CARRIED on roll call
vote as follows:
i'
AYES:
NOES:
ABSENT:
Councilmembers Chang. Kuhn, Lojeski, Margett and Young
None
None
3
7/5/94
SENIOR
CITIZENS'
COMSN.
(Powers)
O/~O-70
SENIOR
CITIZENS'
COMSN.
(Johnson &
Cope)
(41 'd f1 . ~'l ~)
SISTER CITY
COMSN.
(Hanner)
f'1 ,Jr' ' "j ('
l.
PUBLIC
HEARING
TEXT CHANGE
(Revising
Swimming
Pool
Safety
Regulations)
(APPROVED)
Os-Bo . 6~
36:0232
Mayor Young MOVED to appoint Arthur Powers to the Senior
Citizens' Commission for a full two year term to June 30, 1996.
seconded by Councilmember Kuhn and CARRIED on roll call vote as
follows: .
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Councilmember Lojeski MOVED to appoint Jean Johnson and Jean Cope
to the Sister City Commission for full four year terms to June
30, 1998, seconded by Councilmember Kuhn and CARRIED on roll call
vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski. Margett and Young
None
None
1
Councilmember Kuhn MOVED to appoint James Hanner to the Sister
City Commission for a full four year term to June 30, 1998,
seconded by Mayor Young and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski. Margett and Young
None
None
PUBLIC HEARINGS
Section 3430.5 of the Arcadia Municipal Code requires all new
swimming pools to be enclosed on all sides by a 5' -0" high
wall/fence. The proposed reV1Slons to the swimming pool
regulations will allow property owners the option of providing
alternative means of security, such as pool covers, self-latching
and self-closing devices on doors and windows or alarms between
the pool and the house, rather than the existing code requirement
for the 5' high fence. The proposed code changes are identified
on page 2 of staff report dated July 5, 1994 and set forth the
different types of systems that the City would consider to be
appropriate for that fourth barrier. Copies of the proposed
regulations have been sent to pool companies that do work on the
majority of pools within the City.
Mayor Young declared the public hearing OPEN.
No one desiring to be heard, the public hearing was CLOSED on
MOTION by Councilmember Lojeski, seconded by Councilmember Kuhn
and CARRIED.
Councilmember Margett felt this is a good update, and will give
more flexibility to people who intent to put in pools.
1
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows to APPROVE the
swimming pool safety text change; and DIRECT staff to prepare the
appropriate ordinance for future enactment by Council,
Councilmember Lojeski suggested that would be a suitable item
for the City Newsletter and also for the City's access channel.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn. Lojeski, Margett and Young
None
None
4
7/5/94
1
1
36:0233
2.
PUBLIC
HEARING
VOLUNTARY
EMERGENCY
MEDICAL
SUBSCRIPTION
PROGRAM
(Fire Dept.)
(APPROVED)
.~, '-ft t.
Consideration of the proposed Voluntary Emergency Medical
Subscription Program for the City of Arcadia. Due to the rising
cost of equipment maintenance and replacement, and many other
related expenses, a program to defray the cost of proviaing the
current level of paramedic service was considered. The Arcadia
Fire Department recommends the implementation of a Voluntary
Emergency Medical Subscription Program to residents of the City
and businesses. Simultaneously, the Fire Department is
recommending assessing Basic Life Support (BLS) and Advanced Life
...)(J Support (ALS) non-transport fees to non-residents only. This
program will provide a low cost method for residents and business
owners in the City to cover the high cost of paramedic ambulance
service. In addition, this program will help generate funds to
support the paramedic ambulance program at the current service
and response levels in Arcadia. The Fire Department is proposing
a $42 annual fee per residence, and that fee is based upon the
actual cost of the paramedic program. The Basic Life Support Fee
for non-transport of non-residents of the City is proposed at
$125. An Advanced Life Support Fee for non-residents is
recommended at $225. The reason for that is paramedic service
is currently provided for non-residents of the City at no cost,
and there is no tax base generated by a non-resident to help
support this program. So. therefore it is felt that a user of
this service, if that user is a non- resident, should pay a
minimal cost to receive this service and support the paramedic
program.
An average ambulance bill could range from $300 - $500. By
subscribing to this voluntary program, the $42 annual fee is all
that subscribers would pay. Included in the program is the right
of the City to bill a resident's insurance company for whatever
percentage that insurance company would pay, but there would be
no additional cost to the resident. Basically, the program
should generate about $200,000 in revenue per year. which is the
amount the General Fund is subsidizing the paramedic program this
year. The intent of this program is to get the paramedic program
on a fully funded basis so that General Fund monies would not be
needed to supplement this program. Further, details are set
forth in the June 30, 1994 staff report.
Considerable discussion ensued among Councilmembers, with many
questions directed to the Fire Chief. With regard to Item V (7),
page 6 of the staff report. he explained that apartment owners
would be able to sign up all the residents with the fee paid by
the owners if they so desired; otherwise the residents would be
able to subscribe at their own expense at $42. Each apartment
and/or condominium would then be treated as a separate residence
at a rate of $42 per unit rather than adding $21 for each
additional group of ten. Mayor Young thought the retirement
homes or hotels should be treated separately, and they should
fall under the business class of $42 for ten or fewer, and $21
for each additional group of ten. Councilmember Margett
suggested that the retirement homes or hotels placed a bigger
demand upon paramedic service than apartment buildings. Perhaps
a more equitable fee should be established for them. Fire Chief
Gardner stated in response to questions that the retirement homes
and hotels impact the program substantially, with many calls for
service. This could be a separate category. Council suggested
to Chief Gardner that he go into the program with that $42 per
apartment or condominium, and $21 per unit or room in a
retirement hotel; and at the end of the first year. the Fire
Department will report whether or not this arrangement is working
out to everyone's satisfaction. Mayor Pro tem Chang inquired
about the City expenses to be incurred to start up this program.
The Fire Chief explained the only staff to be added will be one
half time clerk in the Fire Department. If the program is
successful. it may also be necessary to add one half time clerk
in the Finance Department. The administrative and marketing
budget requirements are outlined on page 10 of the staff report
dated June 30. 1994 and total $135.604. Councilmember Lojeski
5
7/5/94
ORDINANCE
NO. 2016
(INTRODUCED)
i)'I,;,).",,;)
RESOLUTION
NO. 5805
(ADOPTED)
:J '/C,~). ,;0
KUHN
(Late Running
Council
Sessions)
01t0 7<..
rV u'
YOUNG
(Late Running
Council
Sessions)
KELLY
(Late Running
Council
Sessions)
LOJESKI
(Wilderness
Preserve
Agenda Item)
f) 7'10- 10
11/., j-'
36:0234
suggested consideration of a $2. reduction as incentive for
payment of the subscription fee by one payment at the beginning
of the year. Fire Chief Gardner explained in considerable detail
the plans for marketing the subscription program.
Mayor Young declared the public hearing OPEN.
John Greaves, 117 West Leroy Avenue, inquired if he needed this
additional service when he presently has Medicare and Kaiser
Insurance. He was informed that these insurances do not always
cover the entire cost of a paramedic bill. With the $42 a year
payment, no further expense would be incurred.
No one else desiring to be heard, the hearing was CLOSED on
MOTION by Councilmember Loj eski, seconded by Mayor Young and
CARRIED.
1
The City Attorney presented for introduction and read the title
Ordinance No. 2016: .. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADDING A PART 9 TO CHAPTER 1 OF
ARTICLE III ESTABLISHING PROCEDURES AND AUTHORIZING CHARGES FOR
A VOLUNTARY EMERGENCY MEDICAL SUBSCRIPTION PROGRAM WITHIN THE
CITY OF ARCADIA" .
The City Attorney also presented and read the title of Resolution
No. 5805: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SETTING BASIC LIFE SUPPORT, ADVANCED LIFE
SUPPORT AND EMERGENCY AHllUu.NCE TRANSPORTATION FEES TO BE CHARGED
BY THE FIRE DEPARTMENT OF THE CITY OF ARCADIA". The Resolution
will reflect the changes that Council directed.
It was MOVED by Councilmember Lojeski. seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows to APPROVE the
Voluntary Emergency Medical Subscription Program including BLS
(Basic Life Support) and ALS (Advanced Life Support) Fees to be
assessed to all non-residents; that Ordinance No. 2016 be and it
is hereby INTRODUCED; Resolution No. 5805 be and it is hereby
ADOPTED, with changes directed by Council including the incentive
advance payment.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MATTERS FROM ELECTED OFFICIALS
Councilmember Kuhn stated that at the last Council Meeting,
Council sat in session from 7:00 p. m. to 2:00 a. m. She feels
it is unfair to the voters who are trying to view meetings and
want to stay in tune with the meetings to have Council meetings
that last so late. The very important issue of the budget was
discussed at 12:15 a. m. Some cities set a time limit on their
meetings and everything on the agenda after that time goes to a
special meeting. She would like to set an 11:30 p.m. or l2:00M
deadline.
1
Mayor Young said she hoped that would be the only meeeing of thae
length. It is her opinion thae it was an unusual meeting. and
much was accomplished. Council meetings were not likely co be
that long again in the future.
The Aceing Ciey Manager responded that staff can control the
agenda items as far as the number of public hearings. Whae is
unpredictable is the amount of public input. For example. at
the last meeting, a simple public hearing took two hours, which
no one anticipated.
Councilmember Lojeski inquired as to ehe status of his requese
for a study session with ehe Recreation Direceor on the subjece
6
7/5/94
I
I
CHANG Mayor Pro tem Chang noted that the Ci ty has
(City-wide suggestion program which rewards employees for
Suggestion suggestions. He would like to extend this program
Program) City. Suggestions could come from others in the
C,2;lO -, ).', .
f\ ~ I'
LOJESKI
(Planning
Comsn. List
of Candidates)
(Planning
Comsn. List
of Applicants
to ACM)
(Council!
School
District
Mtg.)
(Parking Disc.
Comsn. -
Downtown
Revitaliza-
tion; Santa
Clara!Santa
Anita
Intersection)
CI..M) . .'0
CITY ATTORNEY
(Santa Clara!
Santa Anita
Intersection)
LOJESKI
(Santa Clara!
Santa Anita
Intersection)
CHANG
(Late Running
Council
Sessions)
LOJESKI
YOUNG
(Late Running
Council
Sessions)
36:0235
of the Wilderness Preserve.
it will be on the agenda of
The Acting City Manager replied that
the July 19, 1994 Council meeting.
Councilmember Lojeski suggested that staff prepare a list of
names of applicants for the Planning Commission. Some applicants
are listed for more than one Commission, and it is time consuming
to go back and forth between these lists.
Councilmember Lojeski requested that the lists of names of
applicants for the Planning Commission be sent to the Acting City
Manager by next Tuesday. He also suggested that the names be
rated from one to five as strongest selections.
Councilmember Lojeski inquired as to the status of his request
for a meeting with the School District regarding some key issues.
The Acting City Manager replied staff has not heard from the
School District. Also there has been no reply to Councilmember
Lojeski's letter regarding the summer camping program.
Councilmember Lojeski attended a recent meeting of the Parking
District Commission as Council liaison. He promised to share
their input with the Council. With regard to the status of the
downtown revitalization concept, the feeling was that the City
should go all the way to attract new business or close down
downtown. Something has to be done; the downtown area is an
abomination, and is not attractive for doing business. The
Commissioners said they hoped they would have a parking problem
to address because then whatever was being done would be
successful to a degree. They will work out any additional
parking that might be required. The Commissioners also expressed
concern about the intersection of Santa Clara and Santa Anita
from the standpoint of accidents.
The City Attorney stated for the record that one very serious
accident occurred recently at the intersection of Santa Clara and
Santa Anita. The family of the person who was killed did not
file a claim against the City or allege a dangerous condition.
The other party to the accident, who was sued by the victim's
family, did file a claim, but did not file a lawsuit within the
time limit required. There has been no other claim arising from
that intersection. As a matter of law and for the record. there
is no evidence of a dangerous condition of property.
Councilmember Lojeski would like information from Public Works
as to whether or not there is a need for a left turn signal or
something of that sort at the Santa Clara and Santa Anita
intersection. It was the consensus of Council to request such
a report.
Mayor Pro tem Chang agreed with Councilmember Kuhn about length
of the Council meetings. Everyone is too tired by 2: 00 a. m.
Other cities have time limits of 11:30 p.m. or 12:00 M, and then
items are continued to another meeting. If a public hearing has
to be finished, that is another matter. Each should be
independent.
Councilmember Lojeski said that at the last meeting, the FY 1994-
95 budget had to be considered, otherwise there have been no
budget approved by July I, and that would not be legal. Mayor
Young said that two public hearings lasted until 11:30 p. m. that
evening, which will probably not happen again. Councilmember
Loj eski said he could count on the fingers of one hand. the
number of meetings in the last ten years that have lasted beyond
12: OOM. Mayor Young agreed such long meetings very seldom
occur.
an employee
money-saving
to the entire
conununity in
7
7/5/94
,
CHANG
(City Council/
School
Dis tric t
Joint Mtg.)
MARGETT
(Sierra
Madre
News)
YOUNG
(Sierra
Madre News)
(AQMD
Meeting)
(Romanian
Soccer Team
News Conf.)
ROLL CALL
36:0236
addition to City employees, and such suggestions should also be
rewarded if they prove to save money. It was the consensus of
Council that staff research this proposal.
Mayor Pro tem Chang thinks that the proposal for a meeting
between the City Council and the School District has merit and
he would like to be a part of it.
Councilmember Margett said he wished to set the record straight
and apologize because about four sessions ago when Council was
appropriating monies to improve the Cable T. V., he had stated
there was no newspaper in the community to report its issues.
He wishes to apologize to the Sierra Madre News. This is a small
weekly newspaper which makes a concerted effort to cover some of
the issues in Arcadia, and he would like to see the community
support the Sierra Madre News.
1
Mayor Young agreed that the Sierra Madre News is willing to
encompass more of Arcadia and they need Arcadia business ads.
Mayor Young reported that she had attended the local AQMD meeting
last week. The members again failed to elect a representative.
Nell Soto did not win because of the percentages of the vote
which are based upon population numbers of the cities voting.
Mayor Young does not agree with this method, but as a result, our
area still has no representative to the AQMD. Some of the members
have suggested forming a committee to represent our area, rather
than continuing to try to elect a candidate.
Mayor Young also stated that she had attended the International
News Conference for the Romanian Soccer team and exchanged
plaques and plates. She suggested the plate be framed for
display in the Mayor's office. The City also received a banner
from the Romanian team.
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRES ENT :
ABSENT:
Agency Members Chang, Kuhn, Lojeski. Margett and Young
None
CONSENT ITEMS
1.
MINUTE APPROVAL APPROVED the minutes of the June 8 and June 14, 1994 adjourned
(June 8,1994) regular meetings.
(June 14,1994)
(APPROVED)
2.
RESOLUTION
NO. ARA-
174
(ADOPTED)
""!/ "}' I
,,:-;\2, \f - '. r ../1
Member Margett ABSTAINED from voting on Consent Item No.1.
I
The Acting City Manager presented and read the title of
Resolution No. ARA-174: "A RESOLUTION OF THE ARCADIA
REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA,
DECu.RING THAT THE AGENCY IS UNABLE TO SET ASIDE 20\ OR LESS OF
ITS 1994-95 TAX INCREMENT FOR LOWfMODERATE INCOME HOUSING DUE TO
EXISTING AGENCY OBLIGATIONS, PROGRAMS, PROJECTS AND ACTIVITIES" .
CONSENT ITEM NO. 1 REGARDING MINUTES WAS APPROVED. AND RESOLUTION
NO. ARA-174 ADOPTED ON MOTION BY MEMBER LOJESKI, SECONDED BY
MEMBER CHANG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
8
7/5/94
1
I
3.
KMPG
PEAT
MARWICK
CONTRACT
(Souths ide
Project)
(APPROVED)
~t:: .e;,,>'
l.
MINUTE
APPROVAL
(June 8.1994)
(June 14,1994)
(APPROVED)
2. ,/, ~!,:J;" ....: (l
CONTRACT
AWARD
SLURRY SEAL
PROGRAM
(Job NO.
580)
3. cJ'IV.'()
CONTRACT
AWARD
RESURF. YAR.
STS. - CONST.
ASPHALT PAy'T
BALDWIN
RESERVOIR
FACILITY
(Job No. 543)
36:0237
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Chang, Kuhn, Lojeski, Margett and Young
None
None
Agency Member Kuhn (Consent Item No. 2 only)
Agencv Member Margett (Consent Item No. 1 only)
In 1986 the Agency approved a Disposition and Development
Agreement (DDA) with Stanley W. Gribble and Associates for the
development of the nine acre Souths ide project on Huntington.
Drive. The DDA requires that six years after close of escrow
(1. e.. November 11, 1993), the developer shall provide a
complete financial report on the project's costs, revenues,
profits, and other specified items to the Agency. Based upon the
Agency's review of this information, an appraisal of the 1993
market values of the property, and a mathematical calculation set
forth in an attachment to the DDA, the developer may be required
to pay an additional amount of money to the Agency up to a
maximum of $938,000. The DDA requires that this analysis be
completed by one of the "Big 8" accounting firms and that the
appraisal be completed by an MAL appraiser. The recommended
company, KMPG Peat Marwick, meets both of these criteria.
In response to questions from the Agency, the Acting Executive
Director responded that it is unlikely that the Agency will
realize any money from the developer. However, this is a legal
requirement to complete the DDA.
It was MOVED by Member Margett, seconded by Chairman Young and
CARRIED on roll call vote as follows to AUTHORIZE the Acting
Executive Director to execute an Agreement prepared by the Agency
Attorney with KPMG Peat Marwick to provide financial analysis
services of the Souths ide project per the 1986 DDA with Gribble
and Associates, in the amount of $11,000. The Acting Executive
Director is also AUTHORIZED to discontinue the financial analysis
if possible if it appears at some point that the developer will
not owe any money to the Agency.
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Chang, Lojeski, Margett and Young
None
None
Agency Member Kuhn
The meeting adjourned to 7:00 p. m., July 19. 1994.
CITY COUNCIL RECONVENED
CONSENT ITEMS
APPROVED City Council Minutes of the June 8 and June 14, 1994
adjourned regular meetings.
AWARDED contract in the amount of $235,371.15 to California
Pavement Maintenance Company, Inc., for the 1994-95 Slurry Seal
Program - Job No. 580; WAIVED any informalities in the bid or
bidding process; and AUTHORIZED the City Manager and City Clerk
to execute a contract in the form approved by the City Attorney.
AWARDED contract in the amount of $191,031.35 (for base bid only)
to E. C. Construction Co., for resurfacing of various streets
(1993-94) and construction of asphalt pavement at Baldwin
Reservoir facility - Job No. 543; WAIVED any informalities in the
9
7/5/94
4.
HIGHLAND OAKS
A....,NEXATION/
ZONE CHANGE
(Design
Overlay)
(J/1/f)_/'
36:0238
bid or bidding process; and AUTHORIZED the City Manager and City
Clerk to execute a contract in the form approved by the City
Attorney.
DIRECTED s taft to proceed with the appropriate zone change
(design overlay) and text change for public hearing before the
Planning Commission on August 23 for petition to annex property
to the Highland Homeowners Association. Mayor Pro tem Chang
thought there should be a petition signed by perhaps a two- thirds
majority of the home owners, rather than approximately 63'.
Staff responded that, by this approval, staff is directed to
proceed with the appropriate zone change and text change for
public hearing before the Planning Commission. Notices will be
sent to all the residents, and they will have an opportunity to
speak at the hearing. This matter will be then be presented to
the City Council which will make the final decision.
1
5. ./1.:\';; tJ ,... <i "l
TRANSFER FUNDS APPROVED transfer of funds in the amount of $5,093.18 from the
(Solid Waste Solid Waste Fund Contract Services Account (118-400-1901-6160)
Fund Contract to the City Attorney's Legal Support Services Account (001-400-
Services Acct. 1501-6140).
to City
At torney Legal
Support Acct.)
6. n" ~t')""''''''
EQUALIZATION
ASSESSMENT
7. ,'j...{. 'i. ,_
RESOLUTION
NO. 5806
(Compensation
Manag.Emp.)
I? :; _'~ ( . . . (!
RESOLUTION
NO. 5807
(Compensation
Gen.Emp.)
8. r}.;? ~~ u.... ;- '< i
RESOLUTION
NO. 5808
(Health Ins.
Contributions
Gen.Emp.)
1. ~: '/\"'" ',' f'
DONATION
POLICY
(ADOPTED)
Notice of Equalization of Assessment - 331 E. Haven Avenue
REMOVED to be placed on the July 19, 1994 agenda.
"
ADOPTED Resolution No. 5806: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING COMPENSATION FOR
CERTAIN POSITIONS OF MANAGEMENT EMPLOYEES FOR THE FISCAL YEAR
1994-95".
ADOPTED Resolution No. 5807: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING COMPENSATION FOR
CERTAIN POSITIONS OF GENERAL EMPLOYEES FOR THE FISCAL YEAR 1994-
95".
ADOPTED Resolution No. 5808: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING HEALTH INSURANCE
CONTRIBUTIONS FOR VARIOUS POSITIONS OF GENERAL EMPLOYEES FOR THE
PERIOD JULY I, 1994 THROUGH JUNE 30, 1995".
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY
COUNCIUlEMBER LOJESKI, SECONDED BY MAYOR YOUNG AND CARRIED ON
ROLL CALL VOTE AS FOLLOWS:
I
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Kuhn, Loj eski. Margett and Young
None
None
Councilmember Margett (Item No. 1 only)
CITY MANAGER
Recently a question arose regarding requests for City Council
donations to various non-City programs and activities. With
budget cuts being experienced by all organizations, it is likely
Council will see an increased number of such requests in the
future. A policy was presented for Council consideration. This
proposed policy formally restricts the City Council to allocating
funds only for City-related functions. If a request arises which
10
7/5/94
I
I
2.
CITY
COUNCIL
TRAVEL &
REIMBURSE-
MENT POLICY
(ADOPTED)
tJ, ",). ,,'(1
36:0239
appears to be beneficial to the community, and is considered to
be a City-related function, the City Council may authorize such
expenditure. Such authorization shall be an exception to this
policy, and shall require formal approval by a majority 'vote of
the City Council at a regular City Council meeting.
It was MOVED by Councilmember Lojeski, seconded by Mayor Young.
and CARRIED on roll call vote as follows to ADOPT the policy
guidelines regarding City Council donations outlined in staff
report dated July 5, 1994.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Consideration of City Council Travel and Reimbursement Policy.
Recently, staff was placed under a policy guidelines for all City
travel and expenses. The Council requested that staff prepare
for Council's consideration, a similar format so that the Council
has some understanding of what rules and requirements may be
applicable. Mayor Pro tem Chang suggested that Councilmembers
should pay their own travel expenses with the exception of the
registration fees. In response to Councilmember Margett's
question. Mayor Pro tem Chang responded that the City is in
difficult financial situation and Councilmembers and employees
should try to help the City. He also proposed that the money
saved should go to the Police Department. Councilmember Margett
replied that he totally disagrees because people who are elected
to this office, whether they are rich, impoverished or middle
class, should have an opportunity to go to seminars to learn the
laws and learn what needs to be done, interface with other
councilmembers, etc. This restriction would create a situation
whereby only wealthy people would be able to run for election to
the City Council, and that would be a sorry situation. The
Councilmembers work for a very modest amount -- $200 a month.
which amount has not been increased since 1963 when it was first
established. Mayor Pro tem Chang replied the City could pay
for people who cannot afford the travel expenses. Councilmember
Lojeski noted that such a decision might depend on Mayor Pro tem
Chang's perception as to who mayor may not be able to afford
travel expenses. Mayor Young agreed with Councilmember Margett.
She does not agree with such a proposed restriction, because this
would eliminate too many people from running for office.
Councilmember Lojeski said that if Mayor Pro tem Chang wishes to
do this, he should do so. Councilmember Lojeski agrees with
Counc ilmember Marge tt' s remarks. Also, in the years he has
served on the Council, the only travel expenses incurred has been
for attendance at the League of California Cities meetings, which
are the most important meetings. No councilmember has ever taken
advantage of this situation. Councilmember Kuhn said she would
never agree to such a restriction because she thinks everyone
should be encouraged to attend the meetings, receive the
education and participate in networking with other city
representatives. No limitation should be imposed.
It was MOVED by Mayor Young, seconded by Councilmember Lojeski
and CARRIED on roll call vote as follows to ADOPT the City
Council Travel Arrangements and Reimbursement Policy, set forth
in staff report dated July 5, 1994.
Councilmember Lojeski suggested that, if possible, travel
agencies who are members of the Arcadia Chamber of Commerce be
used on a rotating basis to save money. The Acting City Manager
replied this matter is currently being studied. with the primary
goal being that of cost.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn. Lojeski. Margett and Young
None
None
11
7/5/94
1.
ORDINANCE
NO. 2005
(ADOPTED)
or Ir ()., .) -:'
2.
ORDINANCE
NO. 2007
(ADOPTED)
f'l Jf) . 'S'f)
CITY
ATTORNEY
ORDINANCE
NO. 2011
(ADOPTED)
(J ,0 '~ , . . () "
u "'> ) \ . .. ?\/)
ORDINANCE
NO. 2012
(ADOPTED)
(J .; - % I' - r""
-' "") '\... >"..)
ORDINANCE
NO. 2013
(ADOPTED)
/',,, :,'\'...;. \..
(n-'/~ ,,'.I()
MOTIJ:l
36:0240
CITY ATTORNEY
Ordinance No. 2005 presented and title read by the City Attorney:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA.
CALIFORNIA, AMENDING SECTIONS 9250.3.1.5, 9251.2,10. 9252.2,13
AND 9292.1. 4 OF THE ARCADIA MUNICIPAL CODE TO PERMIT THE
MODIFICATION COMMITTEE TO CONSIDER MODIFICATION REQUESTS FOR
CONVERTING EXISTING ATTIC SPACE INTO SECOND-STORY LIVING SPACE
WITHIN SINGLE-FAMILY RESIDENCES IN THE R-M, R-O AND R-l ZONES".
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows that Ordinance
No, 2005 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
I
Ordinance No. 2007 presented 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 PUNNING COMMISSION
FROM FIVE (5) TO SEVEN (7) AND SETTING FORTH ATTENDANCE
REQUIREMENTS",
It was MOVED by Councilmember Margett, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that Ordinance No,
2007 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
The City Attorney presented an extensive staff report in which
he reviewed the public hearing held at the June 21, 1994 Council
meeting, and explained in considerable detail the contents of the
following Ordinance No. 2011, Ordinance No. 2012 and Ordinance
No. 2013, including inclusive controls, permit requirements, City
Council permit review, type of productions, public participation
process, and a sunset clause for the pilot program of Oct. I,
1995, etc. These three ordinances should provide the necessary
controls to allow the City and Santa Anita to have a meaningful
experiment.
Ordinance No, 2011 presented and title read by the City Attorney:
"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 Sol ZONE AND
PROVIDING FOR REPEAL OF SECTION 9273.1.15 BY OCTOBER I, 1995",
Ordinance No, 2012 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 SECTION 4620,2
BY DELETING SUB-SECTION (e) TO ELIMINATE THE EXEMPTION OF Sol
PROPERTY FROM CITY NOISE LIMITS".
I
Ordinance No. 2013 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
DIVISION 7 TO PART 1 OF CHAPTER 4 OF ARTICLE VI REGARDING OUTDOOR
ENTERTAINMENT EVENT PERMIT REQUIREMENTS AND REGULATIONS AND
PROVIDING FOR REPEAL BY OCTOBER I, 1995",
It was MOVED by Mayor Pro tem Chang, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Ordinance
12
7/5/94
1
1
ROLL CALL
6.
ORDINANCE
NO. 2014
(ADOPTED)
OV(U-.;\
ADJOURNMENT
(July 19,1994
7:00 p.m.)
ATTEST:
J
36:0241
No. 2011, ,Ordinance No. 2012 and Ordinance No. 2013 be and they
are hereby ADOPTED.
Considerable discussion ensued among Councilmembers concerning
these three ordinances. Councilmember Margett expressed his
concern about the impact of noise and increased traffic upon the
neighboring residents. Councilmember Margett MOVED to amend the
closing time for entertainment events from 11:00 p. m. to 10:00
p. m. which would allow the extra hour for the parking lots to
be emptied and the traffic to exit the City. Councilmember
Lojeski was also concerned about the noise problem, but felt that
since this is a pilot program which can be cancelled at any time
by Council action, that Santa Anita should have the opportunity
to try to make this work. Mayor Pro tem Chang also expressed his
concern for the neighbors who might be disturbed by these events,
and felt the events should be closely monitored. The City
Attorney explained that if the time period is changed, it will
be necessary to re-introduce the ordinance. He continued that
he has been able to confer with individuals who are expert in the
entertainment area and has been informed there is technology
which can be utilized to minimize and redirect the noise
emanating from entertainment events such as those proposed by
Santa Anita. Councilmember Kuhn said she agrees with the concerns
about the neighbors but also does not want to see Council micro-
manage Santa Anita out of business. Councilmember Margett agreed
that Santa Anita should have the opportunity to proceed with the
pilot program and WITHDREW his motion regarding the time change.
Mayor Young agreed that Santa Anita will be working within the
parameters of a large number of regulations and should have the
opportunity to prove that they can manage any problems of noise
or traffic which might result. She met with Mr. Goodrich and
Mr. Mendelson earlier this week for a discussion about this
program. She will be watching this situation very carefully.
Mayor Young agreed with Councilmember Lojeski that the Arcadia
police are extremely efficient at handling large amounts of
traffic and directing it onto the major throughways out of the
City.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Ordinance No. 2014 presented and title read by the City Attorney:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IV OF THE
ARCADIA MUNICIPAL CODE REGARDING ANIMALS, POUND. AND
POUNDMASTERS".
It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that Ordinance No.
2014 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Loj eski, Margett and Young
None
None
MATTERS FROM STAFF
None
The meeting ADJOURNED at 9:45 p. m. to 7:00 p. m., Tuesday, July
19, 1994 in the council chamber for a regular meeting 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.
;m4~$~-f2
Mary B. oung, yor
13
7/5/94