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HomeMy WebLinkAboutJUNE 16,1992_3 I I Q/IO- ~o OG/6CJj Cc. 34:0178 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (June 2,1992) (APPROVED) ORD. & RES. READ BY TITLE ONLY FOOTHILL PRIVATE INDUSTRY COUNCIL 01:>0- ~ M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JUNE 16, 1992 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7: 45 p. m., Tuesday, June 16, 1992 in the Arcadia City Hall Council Chamber. Mr. Robert Collins, First Reader, First Church of Christ, Scientist Councilman Robert C. Harbicht PRESENT: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None ABSENT: On MOTION by Mayor Pro tem Ciraulo, seconded by Councilman Margett and CARRIED, the minutes of the adjourned and regular meetings of June 2, 1992 were APPROVED. Councilman Harbicht ABSTAINED because he was not present at the June 2, 1992 meeting. It was MOVED by Councilman Harbicht, seconded by Mayor Pro tern Ciraulo and CARRIED, that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PRESENTATION Dale Spickler, Foothill Private Industry Council, stated, in part, that their business is the business of jobs. The Private Industry Council, of which the City of Arcadia is a member, is represented on the Policy Board this year by Councilmen Harbicht and Margett. During the time that the PIC Council has been in existence, they have provided jobs in this service delivery area for the six cities they represent in this consortium for more than ten thousand people. The placement rate for jobs for which they educate people is better than 81%, and they are proud of that. Arcadia is represented on the Private Industry Council by Mr. Spickler, sitting as Chair this year, and by Mr. Art Hershey, Los Angeles Turf Club. The education representative is yet to be appointed by Superintendent TOWner. The PIC Council has been in existence since October, 1983. They are now looking for jobs for a lot of people and attempting to train a lo.t of people. 1 6/16/92 1. PUBLIC HEARING UNIFORM FIRE CODE - 1991 EDITION (With Findings) (APPROVED) () '1<(0 - ,) ~- 34:0179 Arcadia Fire Chief Gerald R. Gardner, stated, in part, this is a public hearing for consideration of adoption of the Uniform Fire Code, 1991 Edition, together with the amendments, additions, and appendices, to constitute the City Fire Code as contained in Article III, of the Arcadia Municipal Code. The new Fire Code contains two fire protection amendments as compared to the existing code. There is a change in waste oil storage, and a permit fee for special events has been included. Basically, a new section has been added to require residential type fire sprinklers in all new single family dwellings. A new section has been added to require existing buildings to install fire sprinklers when additions to those buildings exceed 5,000 sq. ft. or when alterations or repairs are made to existing buildings of 5,000 sq. ft. or larger. This is consistent with the existing code that currently requires fire sprinklers in all commercial buildings exceeding 5,000 sq. ft., and will clarify sprinkler requirements in the existing buildings. Fire sprinklers will not be required in new or existing commercial buildings of less than 5,000 sq. ft. The retroactive requirement will not apply to existing residential buildings of less than 5,000 sq. ft. Thirdly, a new section has been added to permit above ground waste oil tanks in certain commercial and industrial areas, not to exceed 500 gallons, to aid in the proper disposal of petroleum products. A new section has been added to require the payment of a $50 permit fee for special events, such as carnivals, fairs, special fire works shows, and to erect or operate a tent or temporary structure that requires additional Fire Department resources. However I governmental agencies and school districts will be exempt from this requirement. The balance of the code changes are basically administrative and house cleaning items to reflect the current procedures. A detailed report of Fire Code Findings is attached to the May 12, 1992 staff report. I In reply to questions from Council, the Fire Chief state, in part, that the requirement for residential type fire sprinklers in all new single family dwellings is an important element of "built in" fire protection, and will provide significant safeguards against the loss of life and property in residential occupancies. He further noted that property damage due to water will be minimal because, in the event of fire, not all sprinklers in the house are turned on, only those in the immediate area of the fire. Also the amount of water released by the sprinklers is considerably less than that released by the fire hoses of the fire company responding to the alarm. The Fire Chief further stated that this amendment to the existing Fire Code is over and above the basic, standard requirements. For that reason, findings have been introduced to explain the necessity for this amendment. About half of the cities in Southern Caifornia already have this requirement; twenty-four other cities are currently addressing this issue. I Also in reply to questions from Council, Fire Chief Gardner and Steve Hart, Director, Fire Sprinkler Advisory Board of Southern California, 18000 Studebaker Road, Cerritos, CA, responded that the estimated cost of sprinkler retrofitting an existing building, if the alteration or repairs or addition exceeds 5,000 square feet, or exceeds 25% of the assessed valuation of the building, would be 1.5% of the cost of the reconstruction or $7,500 for a 5,000 addition or remodel. This cost is approximately 50% less for residential sprinkler systems or it could be $1.00 a sq. ft. The Fire Department has established that 5,000 sq. ft. area is the optimum in which the combustible materials can be controlled with a first alarm assignment. The Fire Chief further noted that the Arcadia Fire Department first alarm assignment for a structure 2 6/16/92 I I ORDINANCE NO. 1970 (INTRODUCED) () 'f't() - d-:;- 2. PUBLIC HEARING APPEAL OF PLNG. COMSN.DENIAL MC 92-020 (170 Diamond St. ) (DENIED) -- O~O-..1~ 34:0180 fire consists of two engine companies, a truck company, which includes a minimum of two paramedics, and a Battalion Chief. Fire Chief Gardner replied in answer to questions from Council that the Fire Department is charged with providing a reasonable degree of fire protection in the community. They are trying to move into the year 2000 with maintaining the cost of the Fire Department. There are two alternatives. As more and larger buildings are added, either the size of the Fire Department can be expanded or built-in fire protection requirements can be required. There are ten classes of fire prevention excellence evaluated by the Insurance Services Office. A Class I rating of the fire protection system is the best that a Fire Department can attain. Arcadia is rated Class II as of the last rating, which was done in 1982. Cities are re-rated every ten years, and Arcadia hopes to secure a Class I rating this year, The Acting City Manager presented for introduction and read the title of Ordinance No. 1970: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING THE UNIFORM FIRE CODE, 1991 EDITION, WITH CHANGES, ADDITIONS, AND DELETIONS THERETO, THE FIRE CODE STANDARDS AND AMENDING CHAPTER 1 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO FIRE PREVENTION AND PUBLIC SAFETY". Mayor Fasching declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED. It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Margett and CARRIED on roll call vote as follows to ADOPT the Findings of Necessity regarding the sprinkler provisions and that Ordinance No. 1970 be and it is hereby INTRODUCED. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT:. Consideration of an appeal to the Planning Commission's denial of MC 92-020. The original application was filed by Lily Ping Wang-Vu, requesting a second-story side and rear yard setback modification to enclose an existing balcony at 170 Diamond Avenue. The Modification Committee denied the request at its April 13, 1992 meeting because the proposal did not conform to the side and rear yard second-story setback requirements in the R-2 zone. The Planning Commission also denied the request at its May 12, 1992 meeting. The June 16, 1992 staff report sets forth additional details of MC 92-020. Mayor Fasching declared the hearing OPEN. Lillv Pin2 Wan2-Vu, 170 Diamond Street, stated, in part, that her house is old and she wishes to improve the property. She described the modifications she wishes to make, and stated that, since she needs more room, she would like to convert the balcony into interior space. Michael Mar2erum, Architect, 925 S. Idaho Street, #166, La Habra, CA, stated, in part, that the structure has been remodeled several times in the past; the second story addition is already in place; there are already flat walls in place from the first to second story. There have already been some modifications and variances to the side yards. The present balcony is not well constructed; it appears to have been constructed with leftover materials; the balcony leaks and 3 6/16/92 34:0181 should be modified. He feels this proposed modification would be a considerable improvement. No one else desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tem Ciraulo, seconded by Councilman Lojeski and CARRIED. Councilman Harbicht noted that the point was made that the balcony is unsightly, that this building was built under previous ordinances, etc. That is exactly the reason the new ordinances were passed ... to do away'with things that the City Council has decided are not wanted in Arcadia. This particular ordinance was one that underwent a great deal of study by a citizen's committee, and was passed to try to cut down on the apparent bulk of large homes being built in the community. Second floor setbacks were.a significant part of '1 that ordinance. The new ordinance specifically rejected a wall going straight up 20 feet. On that basis, he sees no reason to grant a variance in this particular instance. It was MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Council DENY the APPEAL of the Planning Commission's decision and uphold their findings; and DENY the application, and find that, based on the evidence presented, the requested Modification MC 92-020 will not secure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: 3. PUBLIC HEARING Consideration of a text amendment revising the property ORDINANCE AMEND. maintenance regulations to: (1) add provisions to the Code REVISING PROP. prohibiting the parking of vehicles on unpaved areas in the MAINTENANCE commercial and industrial zones, and (2) clarify the wording REGULATIONS regarding maintenance of adj acent parkway areas, and that (Park'g/unpaved property owners are not to remove or trim trees within their areas-com'l/ parkway areas. ind.zones & park- way area maint.) The Acting City Manager presented for introduction and read ORDINANCE the title of Ordinance No. 1971: "AN ORDINANCE OF THE CITY NO. 1971 COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS (INTRODUCED) 9405 AND 9405.1 OF THE ARCADIA MUNICIPAL CODE REGARDING PARKING OR STORING OF VEHICLES ON ANY PART OF PROPERTY ZONED OJ-.),O - J,-C FOR COMMERCIAL AND/OR INDUSTRIAL PURPOSES AND ADDING PARKWAY MAINTENANCE TO PROPERTY DUTIES (PROPERTY MAINTENANCE REGULATIONS)" . Mayor Fasching declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION I by Councilman Loj eski, seconded by Councilman Harbicht and CARRIED. It was then MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Council APPROVE and FILE the Negative Declaration, find that the ordinance amendment will not have a significant effect on the environment and that Ordinance No. 1971 be and it is hereby INTRODUCED. In response to a question from Councilman Harbicht, staff replied that the Code Enforcement personnel could contact the property owners and advise them that the parking of vehicles on such property is illegal, or the Police Department could issue citations. In this instance, there will be a period of 4 6/16/92 I I 4. PUBLIC HEARING OPERATING BUDGET - FY 1992-93) (APPROVED) OJ~OS-(') 0.3:10 -10 RESOLUTION NO. 5674 (ADOPTED) RESOLUTION NO. 5675 (ADOPTED) 03~O ,.s-O 34:0182 time before this ordinance becomes effective, and the Code Enforcement personnel can put warnings on vehicles so that the owners will have some notice before citations are issued. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: Consideration of FY 1992-93 Operating Budget for the City of Arcadia. Mayor Fasching declared the hearing OPEN. John Tvler, 1827 Anita Crest Drive, President, Arcadia Historical Society, was present to thank the Council for including in the budget the items for the museum for this coming year. The Historical Society appreciates it, No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED. The Acting City Manager presented and read the titles of Resolution No. 5674: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1992-93 PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA CONSTITUTION", and Resolution No. 5675: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING A BUDGET, FOR THE FISCAL YEAR 1992-93 AND APPROPRIATING THE AMOUNTS SPECIFIED THEREIN AS EXPENDITURES FROM THE FUNDS INDICATED",' Mayor Fasching noted for the benefit of the audience that the budget was reviewed carefully by all the Councilmembers in a study session prior to bringing it to this point tonight for approval. However, there have been late-breaking developments which he wishes to review. Yesterday he received an update on the State's budget crisis. This was attended by elected officials from seventeen other San Gabriel Valley cities who expressed concern and outrage at the impending actions of the State. The State budget is eleven billion dollars short. Because of this shortfall, the State is looking to cut some programs and services and, in addition, is looking to take some one billion dollars in revenues which belong to the cities. If passed, this action would affect the City of Arcadia in the amount of 2.4 million dollars of the FY 1992-93 budget. These funds are significant. This amount of money represents 32% of the Police Department budget, 39% of the Fire Department Budget and 100% of the budget for the Library and the Recreation Department. These proposed cuts are being considered in closed session in Sacramento. One area intended to be done away with as far as Arcadia is concerned, is the revenue from vehicle license fees which would amount to $1,700,000 per year and property tax allocations of $745,000 a year. There are other pending plans which might affect Arcadoa's sales tax program whereby the State would set a limit on Arcadia's entitlement to sales tax revenue. The cities are fighting this as best they can. In the budget being reviewed, Council is aware that there may be financial shortfalls. The Council will try to meet these and have the City do what is necessary to cut expenses and find additional revenue within the City to offset the cuts that the City might experience. Councilman Lojeski noted that this is his ninth time to consider the budget process. Arcadia has an extremely 5 6/16/92 5. Sa. POSTPONED TO June 22,1992 OI..2r.) 6. 01312-.30 t..Jo rtO' 34:0183 qualified, capable and competent staff, particularly the Finance Department which has received a couple of awards in the municipal financial world for their financial statements. An extension of that comes from the direction of a very conservative minded Council who passed information on to the Finance Department and City staff that it wants basically a bare bones budget, but does not want to reduce any services that the City supplies to the community. This is a fine and a very workable budget and one with no extravagance and Council compliments the Finance Director and his staff. It was MOVED by Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and CARRIED on roll call vote as follows that Resolutions No. 5674 and No. 5675 be and they are hereby ADOPTED. I AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: BOARDS AND COMMISSIONS Appointments to Boards and Commission are to be considered at the June 22, 199~ study session. AUDIENCE PARTICIPATION Beth Wells, 2140 Canyon Road, stated, in part, that she is present to publicly show her support for the Council in regard to the resignation of George Watts. She feels that the letter sent to residents by former mayors was full of malicious implications. She strongly resents this act. She wonders about their motivation. When she voted for Mayor Fasching and Councilmen Ciraulo, Loj eski and Margett, she did so because she felt them to be competent men of integrity; well able to conduct the City's business. She still feels that way. In addition, she was excited by their visionary ideas for the City. As a resident and taxpayer, she very much resents this divisive and clearly political attempt to malign the Councilmembers by accusing them of an "illegal" act. In order to put an end to this vicious business, she would like the City Attorney to comment on the legality of the City Manager's resignation. Then perhaps the Councilmembers can concentrate on more productive matters. The Citv Attornev noted that in going through such processes the City Council is guided by legal advice. The City Attorney then read the following statement: "Effective May 7, 1992 Mr. Watts resigned from the position I of City Manager. On May 12th the City Council approved a change of status for Mr. Watts, continuing his status as an employee of the City as a Management Consultant with full pay and benefits for up to one year. "The City Charter provision precluding removal of a City Manager within 135 days of an election, unless there is a unanimous Council vote, does not apply. If Mr. Watts had not resigned and accepted an Employment Agreement as a Management Consultant, he would not have been removed from office and there was no intent to do so within the referred to 135 day period. The former City Manager was well aware of the Charter provision regarding the 135 days, his resignation and execution of an Employment Agreement were voluntary acts and there is no violation of the City Charter. Related to this, there has been some allegation made that the Council should 6 6/16/92 I I o 3~v. 0-31-1.1 --:" 34:0184 forfeit their offices as Councilmembers. First of all, no Charter provision has been violated, as I've just stated. Second, 'forfeiture' requires Court approval and I can assure you that the judicial system favors the retention of elected officials who have been voted on by the people. The Courts recognize that the right to hold public elective office is a valuable right of citizenship, and should not be declared to be prohibited or curtailed except in the clearest of cases involving a high degree of unambiguous illegality. "The allegations concerning a Charter violation and forfeiture from office are unfounded and without merit. There are some additional points to this opinion, but that summarizes the 'gist' of it. Thank you." Ken Marston, Captain, Arcadia Fire Department and President, Arcadia Fire Fighters' Association, stated, in part, that the Association wishes to address Council in light of the current issues. "We, the Arcadia Fire Fighter's Association have endorsed all five current Councilmembers based on their commitment to fire and public safety. The Fire Fighters' Association continues to support the current Council and the citizens of the City of Arcadia. We wish to thank you for your continued support of public safety." ... ... Ann Eldrid~e, 404 Adelyn Drive, San Gabriel, President, Read Now, Inc., was present to request Council to reduce the $50(hour fee to provide fire safety supervision for an educational video production scheduled for the period of June 29 through July 13, excluding weekends and holidays, at the Los Angeles County Arboretum. READ, NOW is a beginning reading education video project based on a federally-funded program used in American kindergartens. They are a very small educational film company. A significant number of these educational videos are donated to libraries in the inner city and to disadvantaged children. The financing for this program has been provided entirely by individuals, most of whom reside in the San Gabriel Valley area. In return for such support, they would be prepared to acknowledge the help of the City of Arcadia in the production credits and/or provide a certain number of copies of the final product package itself which could be used as a teaching tool at either the school or day care level. Rob Lvons. 884 South Arroyo Blvd., Pasadena, Chief Financial Officer, Read Now, Inc., was present to add his request to that of Mrs. Eldridge that Council reduce the fee for fire protection supervision of this video production to be taped at the Arboretum. He reiterated that their production budget will be severely strained by these fees. They have a limited budget and, at the previously quoted rate, these fees will amount to $6,000 for the personnel. The entire fees they are paying the Arboretum are $7,500. The filming will be carried on out of doors. They feel that the only real fire hazard with this production is the operation of a small (200 amp) diesel-powered generator, which will be used to provide electrical power for the video production equipment. A person from the company renting the generator will be present, as well as a supervisor from the Arboretum. Mayor Fasching advised that the City Council will consider this request and advise Mrs. Eldridge and Mr. Lyons of their decision. Councilmember Harbicht noted that Council is very conscious of fire safety in the City and, as a result, have a very favorable fire rating. He would not be amenable to not having a fireman present. All requirements should be met. As to the cost, unless something could be worked out whereby an off-duty firemen could do it at a lower cost, the City must recover the cost of the fireman's presence there. He will look to the Fire Chief for a suggestion as to how this might be 7 6/16/92 o 1ft) - .;., f} JI!L' - .;..:0 34:0185 accomplished, but he is not willing to make a gift of Arcadia funds by lowering the fees. In reply to a question from Councilman Margett, Mrs. Eldridge replied that filming will be done at three different locations which are all near water. Councilman Margett suggested the possibility of the use of a temporary power pole, instead of the generator. Chris Eftvchiou, 4420 N. Earle Avenue, Rosemead, Arcadia Tribune reporter, stated, in part, that he will soon be working at the West Covina Office of the San Gabriel Valley Tribune. Therefore, he will no longer be covering Arcadia for the Tribune. He wishes to thank Council and staff who have been very helpful. Councilman Harbicht noted that his personal reaction and that which he has heard is that there has been a significant improvement in the newspaper. He feels this has been pretty much due to Chris' efforts. I Mavor Fasching, made the following statement: "Your Council has been concerned here with what has been taking place. Everybody here knows about the letter that has gone out critical of us and malicious towards us. I would like to explain that many people have asked us why we have not responded, and why we haven't said anything. You have to understand that when all this took place, and the resignation of the former City Manager, and the legality which was explained to you here tonight, is that we thought as Council people that we could go on with the business of the City and the things that we had planned to do. But is has not turned out quite that way. We have been involved hou, upon hour with these accusations and letters demanding our resignation from people in the City; Mrs. Gilb wrote us one. And we have also been threatened. Mr. Lojeski had a personal threat from some unknown person against him. But you have to understand that, as a Councilman, as a body, we don't have the freedom that these people have to respond. We have to meet as a group either in a closed session which we did tonight, or a public session to discuss anything. We can't meet as a group in Councilman Lojeski's house or my house or anything of that nature. And we also have to be concerned with the welfare of the City in anything that we do or say. And when we are under threats, if we say anything damaging against anyone, they will sue us, and that means that they're going to sue the City. And those suits may not be won, but yet it costs the taxpayers money if lawsuits are filed. Nobody wins a lawsuit. Attorneys are the ones that make the money. So, we have been pressured tremendously by friends of this Council and supporters. ... We want to tell the story and do it in good taste as Councilmembers, and in protection of the City's finances and lawsuits, and that type of thing. We have had quite a long session here tonight and we will be going back into another closed session regarding this matter after our Council meeting tonight. How are we going to convey to the people of this City that this is a political move against us, and there is no truth to any of their allegations; it is all implication? We don't deserve that. The City Attorney tonight read his statement concerning the legality of the way we operate, and at no time would we ever violate your City Charter. We might even go so far as to have a substantiated second legal opinion on the validity of our moves. We will be sending, I am quite sure, in the very near future, a response to the citizens of Arcadia at our expense, not City expense, eXplaining our position. They are not going to back us up against the wall and have us lay down, I'll tell you that. But the statement read by the City Attorney is here and anyone who would like a copy of it, can request it from the City Clerk when you leave." I Mavor Fasching read a further statement, signed by Mayor Fasching, Mayor Pro tem Ciraulo, Councilman Dennis Lojeski and 8 6/16/92 I I 7. 8. 8a. ROLL CALL 8b. MINUTE APPROVAL (June 2,1992) (APPROVED) 8e. ADJOURNMENT 9. 34:0186 Councilman Bob Margett. These are also available to anyone who would care to have one. "The real attempt to violate the City Charter is by those who signed the so-called Open Letter of May 22. They seek to make the Council appointed position of City Manager subject to a popularity contest and political pressure. By establishing the Council-Manager form of City government, the Charter gives total discretion to the elected City Council with regard to the appointment and tenure of the City Manager. After all, it is the elected City Council that must work, and is directly responsible for the City Manager. "The Open Letter allegation that 'removal of the City Manager does not reflect the wishes of a majority of our residents', is not only speculative opinion, but an affirmation that the letter urges conversion of the City Manager position into a political position subject to a popularity contest. This is a violation of the City Charter and the established form of government for Arcadia. We want to preserve the charter and keep the City Manager position free from outside control and political pressure. "The authors of the Open Letter and those who have written other letters threatening the City Council appear to be acting as judge, jury, and executioner. They make one-sided non- factual allegations, determine that the Council violated the Charter, and then allege that we have forfeited our elected offices and should resign. If your elected Council were to respond to such an approach it would be a great disservice to the people of Arcadia, regardless of one's feeling about the Council individually. To react to such. tactics would jeopardize the election process, subvert our voter-approved City Charter, and the authority of all future City Councils. For the good of the Community, the politics of a few should not be allowed to let this happen. This is a preliminary statement from your four Councilmembers here tonight. We thank you for your support." CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Harbicht, Lojeski, Margett and Fasching ABSENT: None On MOTION by Member Lojeski, seconded by Member Ciraulo and CARRIED, the minutes of the meeting of June 2, 1992 were APPROVED. Member Harbicht ABSTAINED because he was not present at the June 2, 1992 meeting. The meeting ADJOURNED to 5:30 p. m., June 22, 1992. CITY COUNCIL RECONVENED PRESENT: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None ABSENT: 9 6/16/92 10. I) '_, -, ~.. lOa. PUBLIC HEARING SCHEDULED (July 7,1992) ~.::, lOb. o 3 ~-" .:i ~ PUBLIC' HEARING SCHEDULED (July 7,1992) lOco CONTRACT AWARD eJ_ ,/0,1' (Water Billing Computer System - Finance) 10d. PUR. CONTRACT ?3 Va .30(Purchase of Gasoline & Diesel Fuel - City) IDe. OISV,sOCITY MGR. PRO TEM (James Dale) fD'IO",,: /q 'f.:J.. 10f. CONFLICT OF INTEREST CODES REVISIONS (City Depts. and Commissions) 109. FINAL MAP 47904 (ll-lot Sub- Q~hD-f,Odivision - 516- 520 W.Longden Av.& 511-527 W. Walnut Av.) 10h. CONTRACT AWARD ()Cj.;JO- 'ifC,cReconstruction Second Av. fr. Longden Av.to Bonita St.- Job No. 509) 101. ADVERTISE FOR BIDS (Waterline ?9'/'; .!(V Replac' t - Live Oak Av. bet. El Monte Av. & Second Av. - W.O. No.696) 10j. 34:0187 CONSENT ITEMS PUBLIC HEARING SCHEDULED for July 7, 1992 for report on the Urban Water Shortage Contingency Plan. PUBLIC HEARING SCHEDULED for July 7, 1992 for consideration of a request from Arcadia Royale Retirement Hotel for a Bingo permit. AWARDED contract to Idaho Computer Services, Inc, in the amount of $46,750.00 for new utility (water) billing computer system. Sufficient funds were appropriated by the City Council from the mandatory conservation penalties account to cover the contract amount. I AWARDED contract for the purchase of gasoline and diesel fuel (;0 Falcon Fuels of Long Beach. The cost of gasoline and diesel fuel fluctuates on a weekly basis. Estimated cost of fuel for the fiscal year 1992-93 is $130,000.00. The fuel is purchased into inventory accounts and then charged to the individual departments based upon usage. APPOINTED Jim Dale, Finance Director as City Manager Pro tern. DIRECTED all City local agencies with a Conflict of Interest Code to review its Code (through the City Attorney) and, if necessary, submit an amended code to the Code Reviewing Body (City Council). Amendments should be processed prior to October 1, 1992. APPROVED Final Map of Tract No. 47904 for an 11 lot subdivision at 516-520 Longden Avenue and 511-527 Walnut Avenue filed by Chris Construction Company (owner/developer of the subject site). Approval subject to the condition that before the Final Map is recorded, all outstanding conditions of approval as outlined in the June 9, 1992 report from the Public Works Department shall be complied with to the satisfaction of the Director of Public Works. AWARDED contract to Boral Resources, Inc. in the amount of $283,497.50 for the reconstruction of Second Avenue from Longden Avenue to Bonita Street Job No. 509. All informalities in the bid or bidding process are WAIVED; and the Mayor and City Clerk are AUTHORIZED to execute a contract in a form approved by the City Attorney. I APPROVED plans and specification for 16" waterline replacement on Live Oak Avenue between El Monte Avenue and Second Avenue - W.O. 696. The estimated cost of the proj ect is $452,550 which will be funded from the Water Facilities Replacement Fund. The City Clerk is AUTHORIZED to advertise for bids. Considered separately (see page 11) 10 6/16/92 I I 10k. SOUND WALL COMMITTEE REPORT (Study Sess.July 7, 1992) O~Q).6 0 101. CONTRACT FOR REAL ESTATE APPRAISAL LTR. (FIRE STA.112) 07.30 - '. Q 10m. CONTRACT FOR REAL ESTATE APPRAISAL LTR. (Pk'ng Lot/ SA Mall) 05-(,)- - 6 (!) 10j. TEMP. STREET CLOSURE - BLOCK PARTY (200-300 Block of W. Magna Vista Av., Lyndon Way & Ewell Ln.) (APPROVED) o I:;O~ () 11. lla. ORDINANCE NO. 1972 (INTRODUCED) O!>;;v-&-'.. 34:0188 RECEIVED June 16, 1992 report and recommendation prepared by the Director of Public Works. regarding meeting with the Sound Wall Committee and SCHEDULED a study session at 6:30 p. m., Tuesday, July 7, 1992 to discuss funding alternatives and to receive input from interested Arcadia residents and the Sound Wall Commi ttee. AUTHORIZED staff to contract with Brown, Chudleigh, Schuler, and Associates for an Executive Opinion Letter Appraisal of the Fire Station Expansion Parcel for an amount not to exceed $6,380 ($5,800 plus 10% contingency), in a form approved by the City Attorney. AUTHORIZED staff to contract with Brown, Chudleigh, Schuler, and Associates for an Executive Opinion Letter Appraisal of either the fee value or the lease value of the 3.02 acre proposed public parking lot site, in an amount not to exceed $7,590 ($6,900 plus 10% contingency), in a form approved by the City Attorney. ALL OF THE ABOVE CONSENT ITEMS WITH THE EXCEPTION OF ITEM 10j WERE APPROVED ON MOTION BY COUNCILMAN HARBICHT, SECONDED BY MAYOR PRO TEM CIRAULO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: Consideration of a request for street closure for Fourth of July Block Party -- the 200-300 block of W. Magna Vista Avenue, to include sections of Lyndon Way and Ewell Lane. Councilman Lojeski inquired of the Fire Chief if there have been problems with such block parties. The Fire Chief replied that this block party is almost a routine occurrence and that no problems are anticipated. Fireworks are not allowed. This is a neighborhood party and has always been a well behaved party with no problems. It was then MOVED by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED to APPROVE request for temporary street closure for Fourth of July block party at 200-300 block of W. Magna Vista Avenue, to include Lyndon Way as it borders Duarte Road and Ewell Lane, as it borders Leroy Avenue - 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 16, 1992. CITY ATTORNEY The City Attorney presented for introduction and read the title of Ordinance No. 1972: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 92-004 ADDING SECTIONS 9275.1.50.1.1, 9275.8.1 AND 9275.8.2 TO THE ARCADIA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR INDOOR SWAP MEETS". It was MOVED by Councilman Lojeski, seconded by Mayor Pro tern Ciraulo and CARRIED on roll call vote as follows that Ordinance No. 1972 be and it is hereby INTRODUCED. 11 6/16/92 llb. RESOLUTION NO. 5676 (ADOPTED) o 8 :l 0 _ '10 /0 '-Ia-yro llc. CLAIM OJ' A.CONSALVI (DENIED) '0 '10 </0 lld. CLAIM OJ' S. -ORSI (DENIED) 12. DALE & JOHNSON (Explorer Youth Safety Run Insurance) (APPROVED) ()'f')()-y!. 34:0189 AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5676: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY TO SUPPORT THE LOS ANGELES COUNTY COORDINATED PARATRANSIT PLAN". It was MOVED by Mayor Pro tern Ciraulo, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Resolution No. 5676 be and it is hereby ADOPTED. I AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: On recommendation of the City Attorney, the claim of A. Consalvi was DENIED on MOTION by Councilman Harbicht, seconded by Councilman Margett and CARRIED. On recommendation of the City Attorney, the claim of S. Orsi was DENIED on MOTION by Councilman Loj eski, seconded by Councilman Harbicht and CARRIED. MATTERS FROM STAFF The Arcadia Police Department has been involved in the "Youth Safety Run" for the past 39 years. This event which is a fuel economy contest from a Host City in Southern California to Yosemite National Park and return, is being coordinated by some 30 Police agencies. Each year, various car dealers provide new vehicles for the City of Arcadia's "Explorers" to compete in the run. A condition imposed by the dealers is that the City provide proof of insurance to cover any potential damage that may occur to the vehicle donated for this event. Liability insurance in the amount of five million dollars is carried by the Boy Scout organization. On recommendation of the City Attorney, it was MOVED by Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and CARRIED on roll call vote as follows that the need to take action on this item arose after the agenda was posted. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None I NOES: ABSENT: It was then MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED on roll call vote as follows that Council APPROVE vehicular insurance coverage for the Explorer Youth Safety Run; and specifically excluded any further liability with regard to any accidents which might occur in the City's coverage. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: 12 6/16/92 I I CITY ATTORNEY (Closed Session) 0/(0 <{a ACTING CITY MANAGER (Definition of "Liquor Store" for Text Amendment purposes) 03j, e,). 'i~- ovl()-<lO (Peacock Services) (League/Cal. Cities Press Conf.) 0130 .'tn (Ralph Andersen & Associates - City Mgr. Recruitment) (ARA Loss of Tax Increment Funds) 06(0 \.,1 I) 13. HARGETT (Absence from Meetings) (No. of Plng. Comsn. Members) _ 01.:10 . .> 0 (Landscaping of Agency- Owned Properties) t)q,O 1(1 34:0190 The City Attorney requested that if such requests become necessary in the future, that they be presented in a more timely manner. The City Attorney announced that, "Council will be going into an additional CLOSED SESSION at the conclusion of this meeting pursuant to Government Code. Section 54956.9(bl) because, in the opinion of the Council, based on advice from legal counsel, we are discussing existing facts and circumstances where there is a significant exposure to litigation against the City of Arcadia". The Acting City Manager requested direction from Council with regard to the proposed text amendment prohibiting game machines in liquor stores. Councilman Harbicht replied that he would like to define liquor stores are the type of stores from which they are excluded, as any establishment that has more than 10% of its floor space allocated to the sale of alcoholic beverages. Councilman Lojeski and Mayor Pro tern Ciraulo concurred in this. Staff will proceed with the text amendment. The Acting City Manager also called attention to a notice from peacock services. The League of California Cities announced that there is going to be a press conference on June 17 at 11:00 a: m. at Live Oak Cemetery in opposition to the proposed cuts in the revenue to cities to help balance the State budget. There is also an update from Ralph Andersen & Associates on their efforts to recruit a new City Manager for Arcadia. They have compiled a list of 30-40 target candidates. . There is a report from the Assistant City Manager for Economic Development regarding the possible State cuts and their impact on redevelopment funds. In reply to a question from Mayor Fasching, the Assistant City Manager for Economic Development explained that these possible cuts would involve the tax increment cuts that could reduce the Agency's tax increment by as much as a quarter or more. MATTERS FROM ELECTED OFFICIALS Councilman Margett noted that he will not be present at the Planning Commission meeting of June 23; he would like to have a substitute there. He will be on vacation from June 27 to July 8, which will include one Council meeting. He polled the Planning Commission regarding the desirability of increasing the number of members. They all felt that five members are sufficient. However, in the event of an establishment of a Design Review Board, they would like to see another commission there that would dovetail with them. With regard to landscape maintenance of some of the redevelopment properties, instead of landscaping requiring installation of irrigation systems, etc., perhaps they could build a barranca around the perimeter of those properties with the available soil that is on the property, add the nutriments, and merely landscape the first ten feet on a gentle slope, leaving the balance of the property vacant and clean. The Public Works Director will provide a revised report concerning the landscaping of vacant property belonging to the Agency. 13 6/16/92 MARGETT (Peacock Connol) o ~/ 10 - 4 (') N0 p (Visser Ltr. Cats) (Additional City COIllIIlissions) O/;1(J N,sP HAKBICHT (Additional City COIllIIlissions) Out' ,,(~ /'" (Information Flyer in Chinese reo Permit Requirements) ~.3~v.70 fils ,., LOJESKI (Parking Place Commission) 01.;10 .c () /IIs,-p 34:0191 Councilman Margett inquired about the status of Councilman Harbicht's previous inquiry about control of peacocks. Councilman Harbicht said he had not requested a staff report; he had intended to discuss it among the Councilmembers. Councilman Harbicht and other Councilmen had received a letter from a group whose goal is to get rid of the peacocks. This letter referred to the actions of the City of Rolling Hills Estates. Alex McIntvre, Assistant to the City Manager replied that inquiry has been made to the City of Rolling Hills Estates regarding peacocks. That City employed a person from the midwest at a rather significant amount of money to explore opportunities on how to control peacock populations. They do not, as yet, have an answer as to whether this program will be successful. Other cities have been contacted; none of them have solutions. The City of Arcadia has no law which specifically protects the peacocks; they are considered to be wild birds. I Councilman Margett inquired about response to a letter from a Mr. Visser regarding people in the community who were absconding with cats. Staff had not responded as yet. Councilman Margett noted that there are a number of applicants for commission service. He feels there is room in the community for additional commissions perhaps a Water Commission, Fire Commission and a Police Commission. Councilman Harbicht is of the opinion that commissions are established because Council needs help in a certain area, not to find something to do for people who wish to serve on commissions. He would be opposed because he does not see any advantage to having Water, Fire or Police commissions. Things are going along very well in those areas. Councilman Margett reiterated that he thought such commissions would be helpful especially in digesting some of the staff reports and making suggestions to Council. Further, he believes the whole action of government itself and government working are best identified by people participating in it. Mayor Fasching will give the matter more consideration. Councilman Harbicht noted that a constituent pointed out that since a number of the Chinese residents do not speak English very well, they tend to contract with Chinese contractors for various home improvement or building projects. Most of these contractors are not located in the City of Arcadia, and many are not aware of Arcadia permit requirements. The suggestion was made that perhaps a brief description about permit requirements could be mailed out;' perhaps a flyer with information in English on one side and in Chinese on the other. This could be mailed out with the water bills when the new system is up and running. Possibility of assistance from the Chinese Association should be explored. Staff will develop such a flyer. The Acting City Manager noted that all contractors who have State licenses have taken an examination that was in English to obtain such license. They probably should know these things because getting permits is much the same in all cities. In some cases, if there is a problem with a contractor it's probably because he'd rather not pay for a permit. I Councilman Loj eski acted as liaison to the Parking Place Commission last week. The Commission would like to be kept informed of any regulations being considered which might affect business and the ability of the retail business people to come and go in the parking lots, etc. in the downtown area. Also possible environmental control regulations that might be put on things and any possible influence Council can give to State legislators... At Councilman Lojeski's request, the City Attorney will return to Council with information as to 14 6/16/92 I I 34:0192 how the Parking Place Commission might be renamed Parking District Commission. CITY ATTORNY Regarding the change of the City Council meeting date from CITY CLERK September 15, 1992 to September 22, 1992, the City Attorney (Change of noted the only requirements are a public notice sent to all Council Mtg. those affected, and the appropriate adjournment at the Date Sept. 15 preceding meeting, The City Clerk requested Council's to Sept.22,1992) approval of this change because of the special election on o rrO _ 1.<. September 15, and the Clerk's certification of election NS p results at the September 22nd Council Meeting. Councilmembers agreed to the change of date. LOJESKI (Medical Care Workers' Comp.lnjtiries) C1,~~ 0- GO tJ..< !/ (Radon Elimina- tion from Drinking Water) (Camino Real Damage Repair) (Trash Container Reflector Strips) CIRAULO (Security Gates - Pawn Shop) ()V;'(.i )_ N'::',o (Chamber of Commerce Business Expo) t)1,;:,-U . ,:;() N~' " MARGETT (Traffic Congestion Management Program) f)'O~" 5 J ~\.. Q. , IvSF Councilman Lojeski is concerned with the separation of the Workers' Compensation injury claims. During the day employees to be sent to the Live Oak Ergentcare Center, and if further care is needed, the patient to be sent to a doctor's office in Alhambra, San Gabriel, etc. During evening hours, when, e~cept possibly for Fire and Police employees, few injuries will occur, Methodist Hospital is to be used. He would like to see the Methodist Hospital emergency facilities used for all such employee injuries or illnesses. Alex Mclntvre, Assistant to the City Manager, replied that one of the reasons for the separation of medical care between the Ergentcare Center and the Methodist Hospital is an attempt to control some of the costs of the workers' compensation claims. Many of those claims involve minor injuries which do not require the resources of the Methodist Hospital emergency room. One of the very few areas that can be controlled is that of the cost of the first medical provider. Mayor Fasching appreciated the interest in the savings in workers' compensation claims, but he agrees with Councilman Lojeski that Methodist Hospital treatment should be utilized. He understands that Methodist Hospital wishes to be competitive in rates. Mr. McIntyre will meet with Fred Meyer of Methodist Hospital regarding this matter. Councilman Lojeski noted an article in the Newsletter about possible mandating of removal of radon from drinking water. This could result in extensive costs. In reply to a question from Councilman Lojeski, staff noted that the damage on Camino Real caused by the East Pasadena Water Company has been repaired. With regard to possible reflector strips on trash containers, Councilman Lojeski does not want this done at City expense. Mayor Pro tem Ciraulo noted a pawn shop on First Avenue has security gates on the front. Staff responded that the owner has been notified that security gates are not allowed in the City and that they were installed without permit. Mayor Pro tem Ciraulo noted that the Chamber of Commerce requested that the annual Business Expo be allowed to be held at the Community Center. Mayor Fasching said he would be in favor of this. The Recreation Director will meet with Beth Costanza regarding this request to obtain all the facts and report back to Council. Councilman Margett commended David Feinberg on the report on the transportation issue update. The report capsulized in a fine way all the rudiments of the various transportation issues. He requested more information about the Congestion Management Program. In reply to his questions about the Congestion Management Program being put together by the Los Angeles County Transportation Commission, the Public Works 15 6/16/92 MARGETT (City Investment Policy) () oS.3 () -'IQ f'J..:! p FASCHING (Duarte Performing Arts Center) (Fee Reduction Request from Filming Co.) o J ~ ,) .', 34:0193 Director replied that this Program must be adopted by December 1, 1992. A final draft has been sent to various cities and committees in the County. The Congestion Management Program has five elements which basically consider congestion management on a regional level. The program members will be looking at improvements that can be made in various locations and various cities which can help eliminate or mitigate congestion. Application has been made for two such projects within the City of Arcadia. A Traffic System Management program as been applied for by the County for signal synchronization on Huntington Drive and Foothill Blvd., to the east, Alosta Avenue, Sunset, Baseline, and for signal synchronization on Baldwin Avenue, Foothill Blvd. to the 10 Freeway. Those two projects are proposed for the seven year Capital Improvement Program on the system of highways and I roadways. In reply to questions from Councilman Margett, the Public Works Director replied that the proposed addition of retail space at Samta Amita Fashion Park, as well as the extended racing season at the Santa Anita Race Track mean that the City will have to address the land management element and trip reduction programs during peak travel periods. A model draft ordinance is to be provided that can be looked at by the cities for adoption in each city. The Program will analyze the impact of local land use decisions on the regional transportation system. Arcadia will have to be looking at effects of such development which will impact traffic. Representatives for this area to the eleven member LACTC are two members: Jacki Bacharach, Council Person from Rancho Palos Verdes, and Judy Hathaway-Francis, Council Person from La Habra Heights. Councilman Margett commended the Finance Director and Treasurer for their financial reports. In reply to his questions, the City Treasurer responded with an in-depth report on the City's long-term investment programs and goals. The latest report shows the investment of forty-seven million dollars with gain and losses realized provided a $500,000 return. Through conservative investing, the Finance staff believes they will never be pressured to sell investments if they do not want to sell. They have made it through a stock crash, a war, a recession, and the S & L crisis. The City has never had any money with a S & L that has been seized. Whenever the Treasurer hears of any problems, the funds are pulled, even though the money is federally insured. Mayor Fasching noted that Warren and Mildred Shaw are involved with a performance to be held on June 25 at the Duarte Performing Arts Center. This might give Council and others an opportunity to see how that auditorium functions. In reply to questions from Mayor Fasching with regard to the request made earlier in this meeting for a reduction in fees for fire protection supervision during a filming project, Fire Chief Gardner replied that the rates for manpower and equipment reimbursement are set by City policy. The Police and Fire Departments have established and published rate structures for every position and every piece of equipment that may be used. They do have to use on-duty fire fighters because of insurance requirements. Also, the Ci ty is required to pay overtime for assignment of a fire fighter to such extra detail. The information received from this production company was part of a telephone inquiry; no formal application was made regarding the fee. The filming locale is a brushy area and, in the Arboretum management's opinion, is a hazardous area and requires fire fighter supervision. The Fire Chief agrees with this. The filming company is going to have a number of children in this production area that need to be protected. They will have a gasoline driven generator with flood lights. Under those conditions, they could get involved in a situation that could start the brush and grass on fire. I 16 6/16/92 I I ~~~R Ju . Alford, C' Cler~ FASCHING (Root Pruning of Parkway Tree) o q<-lO 'I () ;J, \ ,:.' FASCHING (In Memory of Angie Zamorano) 14. ADJOURNMENT (June 22,1992 - 5:30 p.m.) ATTEST: 34:0194 The location has a lot to do with it. However, the $50 an hour fee for a standby fire fighter is only required while they are actually using the equipment; not necessarily during all the time they will be at the filming location. Councilman Harbicht sees no motivation to make this production company a special deal any differently than any other filming company. Mayor Fasching agreed and will leave this matter to the discretion of the Fire Chief. Mayor Fasching inquired, with regard to a request he had received from a resident, whether the City could prune the roots of a parkway tree. Apparently these roots are enormous and have completely taken over the front part of the owner's yard. There is no sidewalk involved. Staff had prepared a form letter telling the resident that it is not City practice to assume responsibility for the roots that are on private property. Mayor Fasching inquired if some flexibility would be possible. The Public Works Director replied that, if the tree is in the parkway and the roots are pruned significantly, it makes the tree dangerous because it then does not have a foundation to hold it in place. They don't root prune a tree unless it is absolutely necessary. Also, doing the work on private property could create a lot of different problems, i.e., it could result in increased claims against the City for damages to property, landscaping, irrigation systems, etc. The written permission of the property owner prior to the actual work is required. The City is required to contact the Underground Service Alert at least 72 hours in advance to be sure that underground utility services are not jeopardized. This would probably come to be a continuous' program to be included in each annual budget. Such a program would require at least two additional employees at a cost of approximately $85 ,ODD/year. In addition, one additional pickup truck at $15,000, and one additional stump and root grinder at $20,000 would be required. The tree is in healthy condition; the property owner merely wants the roots trimmed. It is City policy not to remove a tree unless it is diseased or dead. The property owner can come to Council with a special request or the owner can have the roots pruned at his own expense. Mayor Fasching stated that, "we are closing the meeting tonight in memory of Angie Zamorano, whose name is Maria de Los Angeles Angie Zamorano, who passed away on June 3, 1992 at the age of seventeen, following a traffic accident. She was known as Angie to her friends and fellow students at Arcadia High School where she was to have graduated last week. Angie was born in Argentina on November 18, 1974, and had lived in Arcadia for three years. She is survived by her parents, Daniel and Anna Marie, one sister, and her grandparents. Services were held last Tuesday at Oakdale Memorial Chapel in Glendora. I attended that funeral on behalf of the City Council and expressed our sympathies to the family at that funeral. It was a tragic accident". At 10:45 p. m. the City Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 10:55 p. m. to 5:30 p. m., Monday, June 22, 1992 in the Conference Room of the Council Chamber for a study session and to conduct the business of the Council and Agency and any CLOSED SESSION necessary to discuss personnel, litigation and evaluation of properties. 17 6/16/92