Loading...
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