HomeMy WebLinkAboutDecember 3, 1991f.~
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A f3 S N D A
ARCADIA CITY COONCIL MEETINf3
DECEMSER 3~ 1991
7:30 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
ACTION
ROLL CALL:, Council Members Ciraulo, Fasching, Harbicht, All Present
Young and Gilb
MINUTES of £he adjourned and regular meetings of
November 19, 1991
MOTION: Read all ordinances and resolutions by title
only and waive reading in full.
ADMINIBTAATION of Oath of Office to Rosa Schram, Arcadia
Beautiful Commission
PRESENTATION of Medfly information by the Los Angeles
County Health Department
1. PQSLIC SEARIN(i
Approved
Adopted
Consideration of Zone Change Z-91-O1o, from R-1,
7,500 (single-family residential, with a minimum lot
size of 7,500 square feet) to R-1, 10,000 for certain
properties in the southwest portion of the City. This
proposal changes the required minimum lot size for any
new lot from 7,500 square feet to 10,000 square feet._
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ACiENDA 12/3/91
Public Hearing
Closed; Approve
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2. PIIBLIC HEARINCi
Consideration of the adoption
a public nuisance and order to
located at, 527 Magellan (Tien
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ACTION
of a resolution declaring
abate for the property
Chen Sun, property owner).
RESOLUTION N0. 5632, declaring a public nuisance
and ordering the rehabilitation of real property
located at 527 Magellan, Arcadia, California,
and placing lien against the property, if abate-
ment at City expense is required.
3. POBLIC HEARINCi
Consideration of
a public nuisanc
located at 409 N.
Public Hearing
Closed; Adopted
the adoption of a resolution declaring
e and order to abate for the property
Fifth (John Chen, property owner).
RESOLUTION NO. 5633, declaring a public nuisance
and ordering the rehabilitation of real property
located at 409 N. Fifth, Arcadia, California,
and placing lien against the property, if abate-
ment at City expense is required.
PIIBLIC HEARINC~
Consideration of a one (1) year extension of a
moratorium on development of undeveloped hillside
areas within the City.
ORDINANCE NO. 1959 - For Adoption - Interim
Urgency Ordinance extending Interim ordinance
No. 1931 imposing a moratorium on development
of undeveloped hillside areas (4 votes
required).
5. SOARDB AND COMMI88ION8
Public Hearing
Closed; Adopted
Public Hearing
Closed; Adopted
a. Recommendation from the Library Board to accept
an $11,000 grant from the H.N. and Frances C.
Berger Foundation for the support of the Arcadia
History Preservation Project.. Aooroved
b. Recommendation from the Recreation and Parks
Commission to provide financial assistance
to local youth baseball leagues. Aooroved
-2- AdENDA 12/3/91
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ACTION
6. Time reserved for those in the audience who wish
to address the City Council (five-minute time
limit per person).
7. REC888 CITY COQNCIL
8. MEETIN(i OF THS ARCADIA RBDSVBLOPMBNT A(iENCY
a. ROLL CALL: Agency Members Ciraulo, Fasching, All Present
Harbicht, Young and Gilb
b. MINUTES of the meeting of November 19, 1991 A~oroved
c. Request to approve Amendment No. 6 to the
Arcon/Schaefer Brothers Exclusive Right to
Negotiate (Southwest Corner Project). Agproved
d. Request for approval of Arcadia Redevelopment
Agency FY 1990-91 Report to the State Depart-
ment of Housing and Community Development. Aporoved _
e. ADJOURN to 7:00 p.m., December 17, 1991
9. RECONVENE CITY COQNCIL
30. CONSENT ITEMB
a. Request for approval of Arcadia Redevelopment
Agency FY 1990-91 Report to the State Approved ~
Department of Housing and Community Deyelopment.
b. Consideration of Final Map 50746, for a
10-unit residential condominium project at
1033-35 Duarte Road (L & D Engineering,
on behalf of Roger Schultz, a general partner
in the ownership and the development of the
site).
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Appro ed
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AGENDA 12/3/91
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10. CONSENT ITEMS (continued) ACTION
c. Recommendation to reject all bids - installation
of new concrete benches and trash receptacles
at various locations - Job No. 661. qPProved
d. Report and recommendation for the purchase of
one trailer-mounted 400 KW generator for the
Water Division. ~ Approved
e. Recommendation for leave of absence without
pay for police sergeant, Jerry Weimer. Approved
f. Recommendation to approve lease agreement with
Chamber of Commerce. Approved
11. CITY ATTORNEY
a. ORDINANCE NO. 1957 - For Adopti
on - Amending
, ,
Section 6616.10 of the Arcadia Municipal
Code to provide for waiver of business
license fee by Business License Officer
!~ regarding motion picture filming by
student or charity., Adopted
' b. ORDINANCE NO. 1958 - For Adoptioh - Amending
~.
' Section 6436.7 of the Arcadia Municipal
Code to authorize the Fire Chief or his desig-
nee to approve Christmas tree tents and
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canopies.
Adnp~pd
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c. RESOLUTION NO. 5631, supporting the Los Angeles
County Park, Beach and Recreation Act of
` 199T. Adop~ed
. d. RESOLUTION N0. 5634, calling and giving notice
of the holding of a General Municipal
Election to be held in the City of Arcadia
on Tuesday, April 14, 1992, Eor the election
of certain officers of said City as required
by the provisions of the City Charter. AdoAted
e. RESOLUTION NO. 5635, requesting the Board
~ of Supervisors of the County of Los Angeles
to permit the Registrar-Recorder of said
County to render specified services to ,
the City of Arcadia relating to the conduct
of a General Municipal Election to be held
in said City on April 14, 1992. Adopted
-4- AG&NDA 12/3/91
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11. CITY ATTORNEY (aontiAUed),
f. RESOLUTION.NO. 5636, adopting regulations
for candidates for elective office,
pertaining to materials submitted fo the
electorate and the costs thereof for the
General Municipal Election to be held in
the City of Arcadia on Tuesday, April-14,
1992.
g. RESOLUT20N N0. 5637, ordering the Canvass `
of the General Municipal Election to
be held on April 14, 1992, by the City
Clerk of the City of Arcadia.
h. Claim,of P. Tiroux
12. MATTERS FROM STAFF
23. MATTERS FROM ELECTSD OFFICIALB
ACTION
Adopted
Adopted
Denied
14. ADJOIIRN to 7:00 p.m., December 17, 1991, in memory of
Charles Batterson
Collins - Report and recommendation regarding Community
Center use - Study Session January 21, 1992,
at 6:00 p.m, '
McIntyre - Report' regarding Alhambra's junk mail regulations.
Miller - Report regarding regulation of fortune tellers
Davidson/Dale - Report and recommendation for January 1, 1992,
Council Meeting regarding carry-over system
for water conservation program and recommendation to
resolve.inequities between similar properties
that have different allocation bases.
Approved termination of Phase II Water Conservation Ordinance.
Reduced to Phase I, effective January 1. Leave allocation
notation on bills.
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AaSNDA 12/3/91
0 s zip --,g U s. 711
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0 S
December 3, 1991
TO: ARCADIA CITY COUNCIL
FROM: PLANNING DEPARTMENT
• DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR
SUBJECT: NUISANCE ABATEMENT AND ORDER FOR REHABILITATION
409 NORTH FIFTH AVENUE
This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal
Code to allow the City Council to determine whether a public nuisance exists and
what action is necessary to abate the nuisance on_property located at 409 North Fifth
Avenue.
As per the above Section a "Notice of Public Nuisance and Order to Abate" was
mailed on November 19, 1991 to John Chen, responsible person, for the property
located at 409 North Fifth Avenue. A notice was also posted on the property.
The following violations have been cited on the property:
1. Excessive, tall, dry weeds and dead vegetation the premises which are
considered to be a health, safety and welfare hazard. �
2. There is a lack of adequate lawn, ground cover and irrigation. Landscaping is
required to be in conformity with adjacent residential properties.
The only available address for the property owner is the subject property which is
vacant. All notices have been returned from the post office.
The purpose of the property maintenance ordinance is to ensure maintenance of
property within the City so that the public health, safety and welfare are not
endangered by substandard properties and the blighting effect such properties have
on the entire community.
The Code further states that "the keeping or maintaining of properties at variance
with the level of maintenance of surrounding properties will result in substantial
diminution in the enjoyment, use, aesthetic and property values of the surrounding
properties. It is desirous to enhance and promote the maintenance of property and
the enhancement of the liveability, community appearance and the social economic
conditions of the community."
409 North Fifth
December 3, 1991
Page 1
LASER IMAGED 3 .
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The Property Maintenance Ordinance notes:
"That unless corrective measures of the type set forth in this chapter are
undertaken to alleviate such existing conditions, the public health, safety and
general welfare, and the property values and social and economic standards of
this community will be substantially depreciated; that the abatement of the
conditions will enhance the environment of the residents of the City."
BACKGROUND
In response to a complaint, a letter was sent to the property owner, (John Chen) on
September 30, 1991 regarding the lack of landscape maintenance at 409 North Fifth
Avenue. A reinspection was made on October 11 and there was no change in the
condition of the property, nor was there any response to our letters.
On October 11, a second letter was sent to the property owner regarding
noncompliance with our previous letter. Again there was no response to our letter
and on October 29, the City Attorney forwarded a letter to the property owner
advising that legal action would be taken if the violations were not corrected prior
to November 4. A reinspection after this date noted no changes in the property:
On November 12, a Misdemeanor Criminal Complaint was filed against the
property owner, John Chen and he is to appear in court on December 5, 1991.
On November 19, the City sent a Notice of Public Nuisance and Order to Abate to
k/Mr. Chen.
On November 22, Don Stockham, Code Enforcement Officer, received a call from
Mr. Chen. Mr. Chen advised Mr. Stockham that he has been out of the country and
he indicated he had not received all the notices. He was advised that we were still
proceeding with the "Nuisance Abatement". Mr. Chen stated he had no money to
clean up the property and was going back to Taiwan on November 23.
Attached for the City Council's review is the Notice of Public Nuisance and Order to
Abate.
ACTION
The City Council should open the hearing to receive public input. Based upon
information submitted and the public input the Council may:
1. Determine that the property is not a public nuisance and take no further
action; or
409 North Fifth
December 3, 1991
Page 2
crib)
LASER IMAGED
2. Determine that a public nuisance exists and adopt Resolution 5633 declaring a
public nuisance and ordering the rehabilitation of real property located at 409
North Fifth Avenue (John Chen, responsible party), authorizing corrective
work by the City and placement of a lien against the property if the violations
are not corrected (abated) by the responsible parties within thirty (30) days;of
Council's action.
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409 North Fifth
December 3, 1991
Page 3
LASER IMAGED w
0S Zv °S`Q
December 3, 1991
11 P
TO: ARCADIA CITY COUNCIL
FROM: PLANNING DEPARTMENT
DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR
SUBJECT: NUISANCE ABATEMENT AND ORDER FOR REHABILITATION
527 MAGELLAN ROAD
This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal
Code to allow the City Council to determine whether a public nuisance exists and
what action is necessary to abate the nuisance on property located at 527 Magellan
Road.
As per the above Section a "Notice of Public Nuisance and Order to Abate" was;
mailed on November 19, 1991 to Tien Chen Sun/responsible person, for the
property located at 527 Magellan Road. A notice was also posted on the property.
The following violations have been cited on the property:
1. Excessive, tall, dry weeds and dead vegetation the premises which are
considered to be a health, safety and welfare hazard.
2. There is a lack of adequate lawn, ground cover and irrigation. Landscaping is
required to be in conformity with adjacent residential properties.
The only available address for the property owner is the subject property which is
vacant. All notices have been returned from the post office.
The purpose of the property maintenance ordinance is to ensure maintenance of
property within the City so that the public health, safety and welfare are not
endangered by substandard properties and the blighting effect such properties have
on the entire community.
The Code further states that "the keeping or maintaining of properties at variance
with the level of maintenance of surrounding properties will result in substantial
diminution in the enjoyment, use, aesthetic and property values of the surrounding
properties. It is desirous to enhance and promote the maintenance of property and
the enhancement of the liveability, community appearance and the social economic
conditions of the community."
527 Magellan Road
December 3, 1991
Page 1 0.2_
LASER IMAGED
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The Property Maintenance Ordinance notes:
"That unless corrective measures of the type set forth in this chapter are
undertaken to alleviate such existing conditions, the public health, safety and
general welfare, and the property values and social and economic standards of
this community will be substantially depreciated; that the abatement of the
conditions will enhance the environment of the residents of the City."
BACKGROUND
v
On June 20, 1991, we notified the property owner, (Tien Chen Sun) regarding the
lack of landscape maintenance at 527 Magellan Road. A reinspection was made on
July 9 and the property had been cleaned up.
In September we received another complaint regarding the property. During an
inspection it was noted that the property was vacant and the landscaping was not
being maintained. On September 30 a letter was sent to the property owner at the
subject property address (no forwarding address was available) regarding the
condition of the property. There was no response to our letter.
On October 11, a second letter was sent to the property owner regarding
noncompliance with our previous letter. Again there was no response to our fetter
and on October 29, the City Attorney forwarded a letter to the property owner
advising that legal action would be taken if the violations were not corrected prior
to November 4.
On November 12, ai Misdemeanor Criminal Complaint was filed against the
property owner, John Chen and he is to appear in court on December 5, 1991.
Numerous reinspections have been made of the property and there has been no
change in the condition of the property. Also there has been no contact from the
property owners.
On Novembey 19, the City sent a Notice of Public Nuisance and Order to Abate to
Tien Chen Sun. There has been no contact from the property owner at this time
and the condition of the property has not changed.
Attached for the City Council's review is the Notice of Public Nuisance and Order to
Abate.
ACTION
The City Council should open the hearing to receive public input. Based upon
information submitted and the public input the Council may:
527 Magellan Road
December 3, 1991
Page 2
LASER IMAGED 2
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1. Determine that the property is not a public nuisance and take no further
action; or
2. Determine that a public nuisance exists and adopt Resolution 5632 declaring a
public nuisance and ordering the rehabilitation of real property located at 527
Magellan Road (Tien Chen Sun, responsible party), authorizing corrective
work by the City and placement of a lien against the property if the violations
are not corrected (abated) by the responsible parties within thirty (30) days of
Council's action.
527 Magellan Road
December 3, 1991
Page 3
LASER IMAGED r:2
RESOLUTION NO. 5632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF •
ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE
AND ORDERING THE REHABILITATION OF REAL PROPERTY
LOCATED AT 527 MAGELLAN ROAD, ARCADIA, CALIFORNIA,
AND PLACING A LIEN AGAINST THE PROPERTY, IF
ABATEMENT AT CITY EXPENSE IS REQUIRED
WHEREAS, the City Council of the City of Arcadia, after a full and fair con-
sideration of evidence and testimony received at a hearing on this matter on
December 3, 1991, determined that the real property located at 527 Magellan Road,
Arcadia, California exists in a condition which violates sections of the Arcadia
Municipal Code as set forth in the attached document incorporated as part of this
Resolution; and
WHEREAS, said Council finds that Tien Chen Sun is responsible for the
maintenance and condition of the property, which includes the real property and
improvements located at 527 Magellan Road, Arcadia, California, more particularly
described as follows:
Lot 202 of Tract 12104
WHEREAS, other than Tien Chen Sun, there are no other person(s) in real or
apparent charge and control of said premises; and
WHEREAS, this Council, in accordance with the provisions of Sections 9407.1
and 9406.3 et seq of the Arcadia Municipal Code, can issue an Order to said responsi-
ble parties to either repair, rehabilitate, demolish or otherwise bring said property
into compliance with the provisions of the Arcadia Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE. CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 9400 ET. SEQ. OF THE
ARCADIA MUNICIPAL CODE AS FOLLOWS:
-1- 5632
LASER IMAGED
SECTION 1. That conditions exist on subject property that are substandard
and unlawful pursuant to Arcadia Municipal Code Sections 9405 and 9402.3 and that
the property, buildings and structures are maintained on subject property in
violation of provisions applicable to such property, buildings and structures all of
which constitute a public nuisance (Arcadia Municipal Code Sections 9402 and 9406).
SECTION 2. The responsible parties are hereby ordered to abate the public
nuisance as described herein within thirty (30) days of the date of this Resolution.
SECTION 3. That the Building Official shall monitor and inspect work per-
formed pursuant to the aforementioned Order of this Council, and shall determine
whether such Order has been complied with within the time allotted, including any
extensions granted thereto.
SECTION 4. That should the Building Official determine that such aforemen-
tioned Order of this Council is not complied with within the time allotted,
including any extensions granted thereto, he shall cause said property to be rehabili-
tated and/or abated as he shall deem advisable. All repairs, rehabilitation or abate-
' ment shall be accomplished under the supervision of the Building Official.
SECTION 5. That the Building Official shall keep an account of the cost of
such rehabilitation and shall render an itemized statement in writing to the City
Clerk pursuant to Arcadia Municipal Code Section 9406.3. After the filing of this
statement the City Clerk shall commence assessment procedures pursuant to
Arcadia Municipal Code Section 9406.4 et. seq.
SECTION 6. That the total cost for abating the conditions of the above
premises as confirmed by the City Council, shall constitute a special assessment
against the respective lot or parcel of land to which it relates, and upon recordation
in the Office of the County Recorder of a Notice of Lien as so made and confirmed,
shall constitute a lien on said property for the amount of such assessment.
-2- 5632
LASER IMAGED
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SECTION 7. That the City Attorney shall obtain whatever Court
Order or warrants are necessary as a prerequisite to abating
subject public nuisance on private property.
SECTION 8 . That the City Clerk shall certify to the adoption
of this Resolution and that the Building Official shall cause it
to be appropriately
posted and served, and shall further cause a
copy of the same to be forwarded to the City Council of the City
of Arcadia.
Passed, approved and adopted this 3rd day of December, 1991 .
/s/ CHARLES E. GILB
Mayor of the City of Arcadia
ATTEST:
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5632 was passed' and
adopted by the City Council of the City of Arcadia, signed by, the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 3rd day of December, 1991 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb
NOES: None
ABSENT: None /S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
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LASER I
CAGED
1 ° -, ;e i 51 c,61 .b{c)
December 3, 1991
TO: ARCADIA CITY COUNCIL
FROM: PLANNING DEPARTMENT
James M. Kasama, Assistant Planner
SUBJECT: EXTENSION OF MORATORIUM ON DEVELOPMENT OF
UNDEVELOPED HILLSIDE AREAS.
The moratorium on the development of the undeveloped hillsides in the area
shown on the attached map is due to expire on December 20, 1991. This
moratorium was initially imposed for a 45 day period by Ordinance No. 1928 that
was adopted on December 18, 1990, and was extended to December 20, 1991 by
Ordinance No. 1931 that was adopted on February 5, 1991.
The Planning Department is recommending adoption of the attached Ordinance to
extend the moratorium for one year to December 20, 1992. The maximum period of
one year is being requested because this is the final extension allowed by the
Government Code. As an urgency measure, the ordinance must be read in full and
will require four votes for approval.
The imposition of the hillside moratorium is based on the conditions of the
undeveloped hillside areas and the potential for their future development that
could be inconsistent with current concerns for grading, seismic hazards, fire
hazards, house size, and the preservation of a limited resource. Since imposition of
the moratorium there have been no inquiries about development in that area.
During the past nine months, the Planning Department has gathered, and is
reviewing the hillside ordinances from the following cities:
Monrovia Sierra Madre Glendora Rancho Cucamonga Pasadena
Claremont Bradbury La Verne La Canada Flintridge
The Monrovia City Council adopted their new "Hillside Development Policies and
Standards" on November 5, 1991, and, the City of Sierra Madre's amendments to
their hillside development ordinance went through its second reading on
November 26, 1991.
The results of the Planning Department's reviews will be presented to the City
Council as a comprehensive and contemporary proposal of new hillside
development standards. Based on that information and recommendations, the
Council may direct staff to prepare a text amendment for the proposal of new
hillside development regulations.
LASER IMAGED
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MORATORIUM AREA
•
The proposed moratorium will involve the undeveloped properties bounded
on the north, west and east by the City Boundary and on the south by Elkins
Avenue and its extension to the easterly City Boundary. • . . 4 Q
LASER IMAGED
o S 62-o — 3
1","/!/s i a -Ve r/
NOTICE OF A PUBLIC HEARING
BEFORE THE
ARCADIA CITY COUNCIL
Notice is hereby given that a public hearing will be held before the City
Council of the City of Arcadia, California on Tuesday, December 3, 1991 at 7:30 p.m.
in the Council Chambers at Arcadia City Hall which is located at 240 West
Huntington Drive. The purpose of the public hearing will be to consider adoption
of an ordinance to extend the current moratorium on development in the
undeveloped hillside areas in the City of Arcadia in the area shown on the map
below.
The purpose of the moratorium is to allow the City time to complete a
comprehensive review of hillside development controls and prepare a thorough
study of the future development of the remaining undeveloped hillside areas for
the possibility of adopting new hillside development regulations.
Persons wishing to comment on the extension of the moratorium may do so
at the City Council public hearing on December 3, 1991, or, by writing to the City
Council, c/o the Planning Department prior to the public hearing.
For further information regarding this moratorium, please contact the
undersigned at (818) 574-5423 in the Planning Department, 240 West Huntington
Drive, Arcadia, CA 91007, Monday through Friday, between the hours of 8:00 a.m.
and 5:00 p.m.
James M. Kasama
Assistant Planner
Publication Dates: Thursday, November 21, 1991
Sunday, December 1, 1991
ARCADIA TRIBUNE
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LASER IMAGED
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Grand View 'u,. .- £000* 77-7.77 „. ;3;1' = ' t /I
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MORATORIUM AREA
The proposed moratorium will involve the undeveloped properties bounded
on the north, west and east by the City Boundary and on the south by Elkins
Avenue and its extension to the easterly City Boundary. '
LASER IMAGED
5r der e--1)
�:.
Memotandum
otrOt280
12/3/91
Arcadia Redevelopment Agency/Arcadia City Council
Dale R. Connorconomic Development Associate
Request for Approval of Arcadia Redevelopment Agency FY
1990-91 Report to the State Department of Housing and
Community Development.
California Redevelopment Law (Health and Safety Code Section 33080)
requires that all redevelopment agencies file an annual fiscal and
activity report with the California Department of Housing and
Community Development (HCD) within 6 months of the end of the
fiscal year. This report contains the following:
1. An independent financial audit report and compliance opinion
prepared by Lance, Soll and Lunghard (LSL) Certified Public
Accountants (Attachment No. 1) ;
2 . A fiscal statement for the State Controller (Attachment No.
2) (This has been prepared by the auditor and reviewed by the
Finance Department) ;
3 . A description of the Agency's activities affecting housing and
displacement (Attachment No. 3) ; and
4 . The Agency's current project and administrative budget
(Attachment No. 4) .
California Redevelopment Law requires that this report be approved
by City Council prior to transmittal to the State HCD.
RECOMMENDATION:
AGENCY: That the Arcadia Redevelopment Agency present the FY
1990-91 HCD Report to the Arcadia City Council for
approval and authorization to transmit it to HCD.
COUNCIL: That the Arcadia City Council approve the FY 1990-91 HCD
Report and authorize and direct staff to transmit it to
HCD.
Approved:
Exe6 i -ebb ector/City Manager
DRC:dc
LASER IMAGED