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Home My WebLink AboutMay 5, 1992r A G E N D A ARCADIA CITY COUNCIL MEETING MAY 5o 1992 6:00 P.M. Study Session with members of the Arcadia School Board 7:30 P.M. ROLL CALL: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching INVOCATION PLEDGE OF ALLEGIANCE MINUTES of the adjourned and regular meetings of April 21, 1992 ACTION All Present MOTION: Read all ordinances and resolutions by title only and waive reading in full. Adapted PRESENTATION by Foothill Private Industry Council - To Be rescheduled 1. Request for City to hold Bond Issue Election for the Arcadia Unified School District. Approved 2. PUBLIC HEARING Preliminary Draft of the Household Hazardous Public Hearing Closed; Waste Element. - Approved AGENDA 5/5/92 3. 4. S. PUBLIC HEARING Consideration of MM 92 -001, a modification for a maximum height of 6' -6" (as built) in lieu of 4' -6" for the east and west side property line . walls /fences for a front yard landscaping project at 284 Arbolada Drive (Dr. and Mrs. William C. Dale, property owners). PUBLIC BEARING Consideration of the adoption of a resolution declaring a public nuisance and order to abate for property located at 300 E. Sycamore (HUei F. Lee, property owner). ACTION Public Hearing Closed; Approved Public Hearing Closed; RESOLUTION NO. 5657, declaring a public nuisance and ordering the rehabilitation of real property located at 300 E. Sycamore, Arcadia, California, and placing a lien against the property, if abatement at City expense is required. Adopted PUBLIC HEARING Consideration of the adoption of a resolution declaring a public nuisance and order to abate for property located at 120 E. Las Flores (Jack M. and RU Lan Wu, responsible party based upon assessor's roll). RESOLUTION NO. 5658, declaring a public nuisance and ordering the rehabilitation of real property located at 120 E. Las Flores, Public Hearing closed; Arcadia, California, and placing a lien Adopted against the property, if abatement at City expense is required. 6. PUBLIC HEARING Consideration of the adoption of a resolution declaring a public nuisance and order to abate for property located at 417 S. Second (Richard Hirrell, attorney -at -law, responsible party). RESOLUTION NO. 5659, declaring a public nuisance and ordering the rehabilitation of real property located at 417 S. Second, Arcadia, California, and placing a lien against the property, if abatement at City expense is required. Public Hearing Closed; Adopted -2-_ AGENDA 5/5/92 PIIBLIC HEARING Consideration of adopting the 1991 editions of the Uniform Building, Uniform Plumbing, Uniform Mechanical, Uniform Housing and Uniform Swimming Pools, Spa and Hot Tub Codes, including all additions, deletions and amendments as mandated by the State of California. ORDINANCE NO. 1969 - For Introduction - amending certain regulations set forth in Article VIII of the Arcadia Municipal Code adopting the Uniform Building Code, 1991 Edition, Uniform Plumbing Code, 1991 Edition, Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, Uniform Mechanical Code, 1991 Edition, Uniform Housing Code, 1991 Edition, with changes, additions, and deleting certain building regulations set forth in Article VIII of the Arcadia Municipal Code. 8. PIIBLIC HEARING ACTION Public Hearing Closed; Introduced Delete Alarm and Barrier ^t Consideration of an appeal to the decision of the Public Hearing Closed; Arcadia Business License and Permit Review Board Denied denying a permit for the installation of game and amusement machines in Star Liquor at 8 W. Duarte Road (Chi Chae Lee, owner /appellant). 9. BOARDS AND COMMISSIONS a. Appointment to Recreation Commission Marian Travisano b. Recommendation from Personnel Board to establish Job Classifications.for the Recreation Department Grant Positions. Approved 10. Time reserved for those in the audience who wish Mike Ferguson to address the City Council (five- minute time Vincent Haydel limit per person). 11. RECESS CITY COUNCIL -3- AGENDA 5/5/92 0 0 ACTION 12. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. b. C. d. ROLL CALL: Agency Members Ciraulo, Harbicht, Lojeski, Margett and Fasching MINUTES of the meeting of April 21, 1992 Design Review for 255 Colorado Place (Motel 6). ADJOURN to 5:30 p.m., May 12, 1992, for Study Session 13. RECONVENE CITY COUNCIL 14. CONSENT ITEMS a. Request from Vons Employee Association for a Bingo Permit (PUBLIC HEARING TO BE SCHEDULED) . Public Hearing 6/2/92 b. Final Draft of the Source Reduction and Recycling Element (PUBLIC HEARING TO BE SCHEDULED). C. Final Draft of the Household Hazardous Waste Element (PUBLIC HEARING TO BE SCHEDULED). e f. Request for Leave of Absence for Maternity Leave - Margaret Rushing. Request for Leave of Absence for Maternity Leave - Pamela Silcox. Public Hearing 5/19/92 Public Hearing 5/19/92 Approved Approved Chamber of Commerce request for Holiday Country Faire. Approved g. Consideration of Final Map 49375, for an 8 -unit residential condominium project at 832 -836 Naomi Avenue (Tritech Assoc., engineer on behalf of Mr. and Mrs. Shen, owners). Approved h. Appointment to Los Angeles County Sanitation District. Approved i. Recommendation to purchase a respiratory air compressor truck with generator for the Fire Department. Approved -4- AGENDA 5/5/92 ACTION 14. CONSENT ITEMS (continued) j. Recommendation to approve Fiscal Year 1993 -95 Short Range Transit Plan for Arcadia Dial -A -Ride. Approved k. Amendment to contract with Nationwide Companies to provide auction service for surplus City property. Approved 1. Recommendation to grant right -of -way easement for installation of Southern California Edison Company facilities on Huntington Drive adjacent to Arcadia Methodist Hospital. Approved M. Recommendation for approval of plans and specifications and authorization to call for bids for Public Works Lighting Program Nos. 4 and 5 - Job Nos. 506 and 521. Approved n. Recommendation for acceptance of right -of -way dedication at the northeast corner of Third Avenue and California Street - Tentative Parcel Map No. 90 -011, Parcel Map No. 22633. Apornved o. Report and recommendation on the City's intent to file Letter of Intent with Los Angeles County to participate as a co- permitee in .. National Pollutant Discharge Elimination System (NPDES) Stormwater Permit No. CA0061654- C16948. Apnrnved 15. CITY ATTORNEY RESOLUTION NO. 5660, approving the submittal of the Transportation Development Act claim form to receive funds for the operations of the City of Arcadia Dial -A -Ride for Fiscal Year 1991 -92. Adopted 16. MATTERS FROM STAFF 17. MATTERS FROM ELECTED OFFICIALS 18. ADJOURN to 5:30 p.m., May 12, 1992, for a Study Session, in memory of Phyllis Parker -5- AGENDA 5/5/92 J City Council Meeting May 5, 1992 Page 6 Collins - Meet with Mike Ferguson regarding stadium lighting at Eisenhower Park. McIntyre - Have Animal Control follow up on De Visser's animal abuse claim. Pike - Provide the City Council Municipal Code guidelines regarding game machines. Woolard - Draft letter for Mayor's signature to Chinese Association regarding property maintenance problems. Lopez - Draft letter to Supervisor Antonovich regarding Flood Control District cutting down live oak trees. Feinberg - Mosquito Abatement information for next City Newsletter. Woolard - Property maintenance on two properties on Foothill Boulevard across from Ralph's market. 830 — 3v 3117"yd "V•. emote .dun UM OTWTI 4+21)/,.. DATE: April 29, 1992 TO: Mayor and Members of the City Council FROM: i'David Feinberg, Administrative Assistant SUBJECT: FY 1991-92 Transportation Development Act Funding Attached for the City Council 's review are copies of the City of Arcadia Dial-A-Ride's Transportation Development Act (TDA) claim form for Fiscal .Year 1991-92. The claim form was prepared by City Staff and will be submitted to the Los Angeles County Transportation Commission (LACTC). and .the. Southern: California Association of Governments (SCAG) . The City will receive $279, 304 in TDA funding for FY 1991-92. The Transportation Development Act is a State grant which allocates funds to cities. The Local Transportation Fund (LTF) has been in existence since 1972 and is derived from 1/4 cent of the 6 cent retail sales tax collected statewide. The 1/4 cent is returned by the State Board of Equalization to each county according to the amount of tax collected in the county. In Los Angeles County, the LACTC distributes the funds to each of the included municipal operators. The City will receive $270, 044 from the LTF portion of the TDA grant. The second part of the grant is the State Transit Assistance Fund (STAF) . STAF monies are also derived from Statewide sales tax. The funds are appropriated to the State Controller for allocation by formula to county transportation commissions. The allocation formula is 70% according to population and 30% according to operator revenues for the prior fiscal year. The City will receive $9,260 in STAF monies in FY 1991-92 . . The total amount of $279,304 represents approximately 31% of the Arcadia Dial-A-Ride's FY 1991-92 Operating Budget. Recommendation Resolution No. 5660, approving the submittal of the Transportation Development Act claim form to receive funds for the operations of the City of Arcadia Dial-A-Ride for Fiscal Year 1991-92. Attachments j Approved: , , , G� ' eorg- J. a °s, City Manager LASER '' 224 Oe .3a - 3b MentOti !fatini P •61-i OrWril �v,=titer DATE: April 29, 1992 TO: Mayor and Members of the City Council FROM: David Feinberg, Administrative Assistant SUBJECT: FY 1993-95 Short Range Transit Plan Attached is a copy of the Arcadia Dial-A-Ride FY 1993-95 Short Range Transit Plan (SRTP) . The SRTP is prepared by staff and is submitted to the Los Angeles County Transportation Commission (LACTC) and the Southern California Association of Governments (SCAG) for- approval. Preparation of the SRTP . is _required in order to maintain eligibility for state and federal transit grants. The SRTP is a three year transit forecast prepared annually by staff for the Arcadia Dial-A-Ride. Fiscal Year 1992 data is used to develop future state, federal and local transit funding levels as well as future non-financial projections. FY 1993-95 data is used for planning purposes only and does not obligate the City or other government agencies to specific service or funding levels. The SRTP includes capital project justification.-- for the purchase of three replacement paratransit vans and five replacement sedans in FY 1993 and three replacement paratransit vans in FY 1995. Currently, the City is waiting delivery on seven replacement sedans. Also, included are operating budget projections estimating total federal, state and local monies at $975, 600 for FY 1993 . Recommendation It is recommended that the City Council approve the Arcadia Dial-A-Ride FY 1993-1995 Short Range Transit Plan. Attachment 7 Approved: Geo e4 J. atts, LASER IMAGED 1 • FY 1993-1995 SHORT RANGE TRANSIT PLAN FOR ARCADIA DIAL-A-RIDE i Submitted to: Los Angeles County Transportation Commission and Southern California Association of Governments Prepared by: David Feinberg Administrative Assistant City Manager's Office LASER IMAGED 180 "TTRRENT FARE STRUCTURE FOR -7 .1993 TABLE L-1 • Transit System: City of Arcadia Prepared by: David Feinberg Date: April 22, 1992 _ TYPES OF SERVICE LOCAL LOCAL EXPRESS FIXED DEMAND FIXED FARE CATEGORIES ROUTE RESPONSIVE ROUTE SERVICE SERVICE SERVICE BASE ZONE BASE ZONE BASE ZONE OFF-PEAK PERIOD (Identify Times) Regular Adult 0.75 Transfer (within system) None Transfer (to other system) None Persons with Disabilities* 0. 25 Elderly 0.25 Student 0.75 Discount (except E&P/D) None Pass None - I PEAK PERIOD (Identify Times) Regular Adult 0.75 Transfer (within system) None Transfer (to other system) None Persons. with Disabilities* 0.25 Elderly 0.25 Student 0.75 Discount (except E&P/D) None Pass None *If fare applies to persons with a specific type of disability (e.g. blindness) , please indicate. LASER IMAGED . 181 FLEET INVENTORY AS OF DECEMBER 31, 1Q91 TABLE L-2 • Transit System: City of Arcadia Prepared by: David Feinberg Date: April 22, 1992 Projected Total Year of Veh. Veh. Replcment Veh's Manu- Type Owned in with Year fac- of and Act Prog Exp. Wheel Built turer Model Seats Length Width Fuel Leased Sery Yr. Yr. Chairs 1987 Ford Van 10 18 ft 7 ft Gas 3 3 FY92 FY93 3 1986 Chev Sedan 5 16 ft 6 ft Gas 5. 5 FY90 FY92 0 1984 Ford Van 8 18 ft 7 ft Gas 1 1 FY90 FY92 1 1988 Chev Sedan 5 16 ft 6 ft Gas 5 5 FY93 FY93 0 1989 Dodge Van 9 18 ft 8 ft Gas 3 3 FY94 FY94 3 TOTAL NUMBER OF VEHICLES: 17 17 N/A N/A 7 LASER IMAGED 182 HISTORICAL FLEET CHARAC---ISTICS TABLE L-3 TRANSIT SYSTEM: City of ALcadia • PREPARED BY: David Feinberg DATE: April 22, 1992 LOCAL EXPRESS FIXED ROUTE FIXED ROUTE 1990 1991 1992 1990 1991 1992 AUDITED AUDITED EST. AUDITED AUDITED EST. Peak-Hour Fleet Spares For Maint. Spare Ratio* Energy Contigency Reserve Inactive Fleet Total Vehicles New Expansion Vehicles New Replacement Vehicles DEMAND RESPONSIVE SYSTEM SERVICE TOTALS 1990 1991 1992 1990, 1991 1992 AUDITED AUDITED EST. AUDITED AUDITED EST. Peak-Hour Fleet 16 16 16 16 16 16 Spares For Maint. 2 1 1 2 1 1 Spare Ratio* 11% 6% 6% 11% 6% 6% Energy Contigency Reserve 0 0 0 0 0 0 Inactive Fleet 0 0 0 0 0 0 Total Vehicles 18 17 17 18 17 17 New Expansion Vehicles 0 0 0 0 0 0 New Replacement Vehicles 0 0 7 0 0 7 *Spare Ratio = Spares for Maint/Peak-Hour Fleet LASER IMAGED 1 3 a • PROJECTED FLEET CHARAC"' ISTICS TABLE L-4 •TRANSIT SYSTEM: City o� Arcadia • PREPARED BY: David Feinberg DATE: April 22, 1992 LOCAL EXPRESS FIXED ROUTE FIXED ROUTE 1993 1994 1995 1993 19941 1995 EST. EST. EST. EST. EST. EST. Peak-Hour Fleet i Spares For Maint. Spare Ratio* Energy Contigency Reserve Inactive Fleet Total Vehicles New Expansion Vehicles New Replacement Vehicles DEMAND RESPONSIVE SYSTEM SERVICE TOTALS 1993 1994 1995 1993. 1994; 1995 EST. EST. EST. EST. EST. , EST. Peak-Hour Fleet 16 16 16 16 16 16 Spares For Maint. 2 2 2 2 21 2 Spare Ratio* 11% 11% 11% • 11% 11% 11% Energy Contigency Reserve 0 0 0 0 01 0 1 Inactive Fleet 0 0 0 0 0 0 i Total Vehicles 18 18 18 18 18� 18 New Expansion Vehicles 0 0 0 0 0 0 New Replacement Vehicles 8 3 0 8 3 0 *Spare Ratio = Spares for Maint/Peak-Hour Fleet LASER IMAGED 184 HISTORICAL AND PROJECTED FINANCIAL STATUS ;' TABLE L-5 Prepared by: David Feinberg Date: April 22, 1992 Transit System: CITY OF ARCADIA 1990 1991 1992 1993 1994 1995 MODE: DIAL-A-RIDE Audt. Audt. Est. Plnd. Plnd. Plnd. SOURCES OF FUNDS FOR CAPITAL: j FEDERAL CAPITAL GRANTS _ UMTA Sec. 9 84. 0 84 .0 204. 0 j 120. 0 FAU Grants Other Federal STATE CAP. GRTS AND SUBVENTIONS TDA (ART 4) -Carryover Pr yr. 10. 1 TDA current from unallocated TDA from reserves STA current from unallocated Other State LOCAL CAPITAL GRANTS System Generated General Fund Prop. A Local Return 57.5 34.3 _ 51. 0 30. 0 Other Local SUBTOTAL CAPITAL REVENUE 141.5 0. 0 128.4 255. 0 00 150.0 TOTAL CAPITAL EXPENSES 141.5 0.0 128.4 255.0 0 0 150. 0 SOURCES OF FUNDS FOR OPERATING FED. CASH GRTS AND REIMBURSEMENTS UMTA Sec. 9 Operating 57.5 57. 5 UMTA Sec. 8 Tech. Studies ST. CASH GRTS AND REIMBURSEMENTS TDA Carryover - prior year TDA Current from unallocated 295.0 313 .0 270. 0 264.5 229 . 8 251.2 STA Current from unallocated 1.0 0. 0 0. 0 12.2 13 . 5 14 .8 STA Carryover from Prior Yrs. 9. 3 LOC. CASH GRTS AND REIMBURSEMENTS Passenger Fares 88.5 . 85. 8 94. 0 94. 0 940 94. 0 Non-transportation Revenues Prop. A Discretionary 170.1 162.2 193 .3 180.8 200.'6 219. 2 Prop. A Local Return 253 . 1 365. 0 322.4 424 . 1 410.14 399.4 Prop. .A Incentive fund 1 Other Local SUBTOTAL OPERATING REVENUES - 807.7 926. 0 889. 0 975. 6 1005.'8 1036.1 TOTAL OPERATING EXPENSES 807.7 926. 0 889. 0 975.6 1005.;8 1036. 1 Pur. Service-Included in Plan 645.2 690. 3 774.2 774.2 774.2 774.2 Pur. Service-Not included in Plan LASER IMAGED 8 1 5 TPM/TDA REPORTING TABLE L-6 • TRANSIT SYSTEM: City of Arcadia AUDITED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1989-1990 ANNUAL WEEKDAY DIAL OTHER -A- CODES TOTAL RIDE (A). SYSTEM Total Vehicle Miles (000) 338.7 338.7. Vehicle Service Miles (000) 310.8 310.8 Total Vehicle Hours (000) 27.7 27.7 Vehicle Service Hours (000) 25.4 25. 4 Peak Vehicles 16.0 ; 16. 0 Unlinked Passengers (000) 132 .4 ! 132 .4 Linked Passengers (000) 132 .4 ! 132 .4 Passenger Revenue (000) 72.7 72.7 Auxiliary Rev/Local Subs. (000) 207.8 ! 207.8 Operating Cost Less Deprec. (000) 663 . 1 663 . 1 Full Time Equivalent Employees 24 . 0 24 . 0 Base Fare 0. 75 0.75 TOTAL SYSTEM ANNUAL SATURDAY DIAL OTHER SUNDAY & HOLIDAY - -A- CODES TOTAL & WEEKDAYS RIDE (A) SYSTEM Total Vehicle Miles (000) 412. 6 412 . 6 Vehicle Service Miles (000) 378. 6 378 . 6 Total Vehicle Hours (000) 33 .8 33 . 8 Vehicle Service Hours (000) 30.9 30.9 Peak Vehicles 16. 0 1 16. 0 Unlinked Passengers (000) 161.3 161.3 Linked Passengers (000) 161.3 161. 3 Passenger Revenue (000) 88.5 88 . 5 Auxiliary Rev/Local Subs. (000) 253 . 1 253 . 1 Operating Cost Less Deprec. (000) 807.7 807.7 LASER IMAGED 18.6 TPM/TDA RI'- RTING TABLE , /5 TRANSIT SYSTEM: Cll..), of Arcadia AUDITED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1990-1991 ANNUAL WEEKDAY DIAL OTHER -A- CODES TOTAL RIDE- (A) SYSTEM Total Vehicle Miles 000 ( ) 326. 3 326. 3 Vehicle Service Miles (000) 299.7 299.7 Total Vehicle Hours (000) 26,7 26.7 i Vehicle Service Hours (000) 24 . 1 24. 1 Peak Vehicles 16. 0 16. 0 Unlinked Passengers (000) 125.3 125.3 Linked Passengers (000) . 125.3 125.3 Passenger Revenue (000) 70. 4 70.4 Auxiliary Rev/Local Subs. Y Rev/ (000) 299.7 299.7 Operating Cost Less Deprec. (000) 7.60. 2 760.2 Full Time Equivalent Employees 24. 0 24 . 0 Base Fare 0.75 ' 0.75 TOTAL SYSTEM ANNUAL SATURDAY DIAL OTHER I SUNDAY & HOLIDAY -A- CODES TOTAL & WEEKDAYS RIDE (A) SYSTEM Total Vehicle Miles (000) 397.4 397 . 4 Vehicle Service Miles (000) 365. 1 365. 1 Total Vehicle Hours (000) - 32 .5 32 .5 Vehicle Service Hours (000) 29.4 29. 4 Peak Vehicles 16. 0 16. 0 Unlinked Passengers (000) 152 . 6 152 . 6 Linked Passengers (000) 152 .6 152 . 6 Passenger Revenue (000) 85.8 85. 8 Auxiliary Rev/Local Subs. (000) 365. 0 365 . 0 Operating Cost Less Deprec. (000) 926.0 926. 0 LASER IMAGED - 18 TPM/TDA R]' TING 2 �s, TABLE 5 • TRANSIT SYSTEM: City of Arcadia ESTIMATED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1991-1992 ANNUAL WEEKDAY DIAL OTHER i -A- CODES TOTAL RIDE (A) SYSTEM Total Vehicle Miles (000) 374.2 374 .2 Vehicle Service Miles . (000) 344.9 344.9 Total Vehicle Hours (000) 28.4 28.4 Vehicle Service Hours (000) 26.2 26. 2 Peak Vehicles 16. 0 16. 0 Unlinked Passengers (000) 136. 0 I 136.0 Linked Passengers (000) 136. 0 136.0 Passenger Revenue (000) 77.2 77.2 Auxiliary Rev/Local Subs. (000) 264.7 264.7 Operating Cost Less Deprec. (000) 729.9 729.9 Full Time Equivalent Employees 24. 0 24. 0 - I Base Fare 0.75 0.75 TOTAL SYSTEM ANNUAL SATURDAY DIAL OTHER SUNDAY & HOLIDAY -A- CODES TOTAL & WEEKDAYS RIDE (A) SYSTEM Total Vehicle Miles (000) 455.8 455.8 Vehicle Service Miles (000) 420.1 420. 1 Total Vehicle Hours (000) 34. 6 34 . 6 Vehicle Service Hours (000) 31.9 31.9 Peak Vehicles 16.0 16.0 Unlinked Passengers (000) 165. 6 165. 6 Linked Passengers (000) 165. 6 165. 6 Passenger Revenue (000) 94.0 94 . 0 Auxiliary Rev/Local Subs. (000) 322 .4 322 .4 Operating Cost Less Deprec. (000) 889. 0 889. 0 LASER IMAGED- 188 , TPM/TDA RV `WING TABLE .___; TRANSIT SYSTEM: City of Arcadia ESTIMATED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1992-1993 ANNUAL WEEKDAY DIAL OTHER -A- CODES TOTAL RIDE (A) SYSTEM Total Vehicle Miles (000) 374.2 374.2 Vehicle Service Miles (000) 344.9 344.9 i Total Vehicle Hours (000) 28.4 i 28. 4 Vehicle Service Hours (000) 26.2 26.2 Peak Vehicles 16. 0 16. 0 Unlinked Passengers (000) 136. 0 136. 0 Linked 000 Passengers g (000) 136. 0 136.0 Passenger Revenue (000) 77. 2 77.2 Auxiliary Rev/Local Subs. (000) 348.2 348.2 Operating Cost Less Deprec. (000) 801. 0 801. 0 Full Time Equivalent Employees 24. 0 24. 0 Base Fare 0.75 0.75 TOTAL SYSTEM ANNUAL SATURDAY DEMAND DIAL OTHER SUNDAY & HOLIDAY BASED -A- CODES TOTAL & WEEKDAYS HEADWAY RIDE (A) SYSTEM Total Vehicle Miles (000) 455.8 455.8 Vehicle Service Miles (000) 420. 1 420. 1 Total Vehicle Hours (000) 34. 6 34. 6 Vehicle Service Hours (000) 31.9 31.9 Peak Vehicles 16.0 16. 0 Unlinked Passengers (000) 165. 6 165. 6 Linked Passengers (000) 165.6 165. 6 Passenger Revenue (000) 94. 0 94. 0 Auxiliary Rev/Local Subs. (000) 424. 1 424. 1 Operating Cost Less Deprec. (000) 975. 6 975. 6 LASER IMIGELI 189 TPM/TDA Pi RTING TABLE_ 5 TRANSIT SYSTEM: City of Arcadia ESTIMATED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1993-1994 ANNUAL WEEKDAY DIAL OTHER -A- CODES TOTAL RIDE (A) SYSTEM Total Vehicle Miles (000) 374.2 374.2 Vehicle Service Miles (000) 344 .9 344.9 Total Vehicle Hours (000) 28.4 28 .4 Vehicle Service Hours (000) 26.2 26.2 Peak Vehicles 16.0 16.0 Unlinked Passengers (000) 136. 0 ! 136. 0 Linked Passengers (000) 136.0 I 136.0 Passenger Revenue (000) 77.2 77.2 Auxiliary Rev/Local Subs. (000) 336.9 336.9 Operating Cost Less Deprec. (000) , 825.8 825.8 Full Time Equivalent Employees 24. 0 1 24 . 0 Base Fare 0.75 0.75 TOTAL SYSTEM ANNUAL SATURDAY DEMAND DIAL OTHER SUNDAY & HOLIDAY BASED -A- CODES TOTAL & WEEKDAYS HEADWAY RIDE (A) SYSTEM Total Vehicle Miles (000) 455.8 ' 455. 8 Vehicle Service Miles (000) 420. 1 420. 1 Total Vehicle Hours (000) 34. 6 34 . 6 Vehicle Service Hours (000) 31.9 31. 9 Peak Vehicles 16.0 16. 0 Unlinked Passengers (000) - 165.6 165. 6 Linked Passengers (000) 165.6 165. 6 Passenger Revenue (000) . 94. 0 94 . 0 Auxiliary Rev/Local Subs. (000) 410.4 410.4 Operating Cost Less Deprec. (000) - 1005.8 1005.8 LASER IMAGED 190 • TPM/TDA RRP'RTING TABLE 6 TRANSIT SYSTEM: Ci_j of Arcadia ESTIMATED PREPARED BY: David Feinberg DATE: April 22, 1992 FISCAL YEAR: 1994-1995 ANNUAL WEEKDAY DIAL OTHER -A- CODES TOTAL RIDE (A) SYSTEM Total Vehicle Miles (000) 374.2 374.2 Vehicle Service Miles (000) 344.9 344.9 Total Vehicle Hours (000) 28.4 28.4 Vehicle Service Hours (000) 26.2 26.2 Peak Vehicles 16. 0. 16. 0 Unlinked Passengers (000) 136. 0 136. 0 Linked Passengers (000) 136.0 136. 0 Passenger Revenue (000) 77.2 77.2 Auxiliary Rev/Local Subs. (000) 327.9 327.9 Operating Cost Less Deprec. (000) 850. 6 850.6 Full Time Equivalent Employees 24. 0 24 . 0 Base Fare 0.75 0.75 TOTAL SYSTEM ANNUAL SATURDAY DEMAND DIAL OTHER SUNDAY & HOLIDAY BASED -A- CODES TOTAL & WEEKDAYS HEADWAY RIDE (A) SYSTEM Total Vehicle Miles (000) 455.8 � 455.8 Vehicle Service Miles (000) 420. 1 420. 1 Total Vehicle Hours (000) 34.6 34 . 6 Vehicle Service Hours (000) 31.9 31.9 Peak Vehicles 16.0 16.0 Unlinked Passengers (000) 165. 6 1 165. 6 Linked Passengers (000) 165. 6 165. 6 Passenger Revenue (000) 94.0 94 . 0 Auxiliary Rev/Local Subs. (000) 399.4 399. 4 Operating Cost Less Deprec. (000) 1036. 1 1036. 1 LASER IMAGED 191 GRANTS MONITORING FORM_ TABLE L-7_ Transit System: City of Arcadia Prepared by: David Feinberg Date: April 22, 1992 AMOUNT AMOUNT ENCUMBERED ENCUMBERED OR OR ' STATUS DATE OF GRANT EXPENDED EXPENDED OF GRANT # PROJECT DESCRIPTION OBLIGATION AMOUNT TO DATE IN FY 1991 GRANT* ($000) ($000) ($000) CA-90 Seven sedans 1/15/92 105 0 0 1 0 -X396 80/20 split *NOTE: 0 = Grant approved, projects ongoing C = Projects complete CD = Projects complete, deobligation requested CC = Projects complete, grants ceased LASER IMAGED 192 • TABLE L-8 PERFORMA', _1 AUDIT FOLLOW-UP ACTIONS 'R FY 1992 • Transit System: City of Arcadia Prepared by: David Feinberg Date: April 22, 1992 PERFORMANCE AUDIT RECOMMENDED ACTIONS OPERATOR ACTIONS TO DATE 1) Support system objectives and See Section 1. 1 of 1991 SRTP. performance standards through quantifiable targets to assess results. 2) Refine reporting procedures Implemented effective 7/1/89. for in-service vehicle miles information. 3) Refine allocation of operating Per audit instructions, now cost between weekday and system allocate operating costs with statistics for TPM reporting vehicle service hour data. purposes. LASER IMAGED 193 TABLE L-9 IMPACTS OF FEDERAL FUND LOSS FY 1993 Transit System: City of Arcadia Prepared by: David Feinberg Date: April 22, 1992 PROPOSED FY 1993 FY 1992 ITEM CURRENT WITH FED. $ W/OUT1FED. $ BASE FARE . 75 .75 .75 VEHICLE SERVICE HOURS 31, 927 31, 927 31,927 RIDERSHIP 165, 614 165, 614 165, 614 LOCAL SUBSIDIES _ (Prop. A Local Return and 322, 402 454, 060 511,568 other Local Revenues) LACTC SUBSIDIES (Prop. A Discretionary 472, 632 457, 425 457,425 and TDA) FAREBOX REVENUES 94, 010 94, 010 94,010 LASER it P t\n77 194 • m BLE L-10 CAPITAL PRC• ;T DESCRIPTION AND JUSTIF'__ __,TION Transit System: City of Arcadia FOR LACTC USE ONLY Fiscal Year: 1992-93 OPERATOR CODE: A-95 NUM: Prepared by: David Feinberg PROJECT GROUP: Date: April 22, 1992 PROJECT CODE: SRTP PAGE #: CARRYOVER YR: PROJECT DESCRIPTION: Three, nine passenger paratransit vans equipped for heavy duty use. Additional equipment to include wheelchair-lift, air conditioning, fareboxes, two-way radios and identifying lettering. PROJECT JUSTIFICATION: Vans will replace three, 1987 paratransit vehicles. The vans average approximately 30, 000 miles of service per year. At the time of replacement, the vehicles will have well over 100, 000 miles. Maintenance costs escalate at 90, 000 miles. PROJECT WAS APPROVED IN FY 1992 TIP PROCESS. PROGRAM EXPEND FEDERAL STATE LOCAL TOTAL GRANT # PHASE YEAR YEAR ($000) ($000) ($000) ! ($000) P Y R E I A I O R 91-92 92-93 120. 0 30.0 150. 0 R S R I E Q . U E S T E D LASER IMAGED 195 • m BLE L-10 CAPITAL PROS P DESCRIPTION AND JUSTIF PION • Transit System: City of Arcadia Y FOR LACTC USE ONLY Fiscal Year: 1992-93 OPERATOR CODE: A-95 NUM: Prepared by: David Feinberg PROJECT GROUP: Date: April 22,1992 PROJECT CODE: SRTP PAGE #: CARRYOVER YR: PROJECT DESCRIPTION: Five passenger sedans equipped for heavy duty use similar to taxis and police vehicles. Additional equipment to consist of air conditioning, fareboxes, two-way radios and identifying lettering. PROJECT JUSTIFICATION: Sedans will replace five passenger sedans. The sedans average approximately 30, 000 miles of service per year. At the time of replacement, the vehicles will have well over 100, 000 miles. Maintenance costs escalate at 90, 000 miles. PROGRAM EXPEND FEDERAL STATE LOCAL TOTAL GRANT # PHASE YEAR YEAR ($000) ($000) ($000) ($000) P Y R E I A O R R S E 4 U E 92-93 92-93 84 . 0 21. 0 105. 0 S T E D LASER IMAGED 196 I -'BLE L-10 CAPITAL PRO T DESCRIPTION AND JUSTIF;I_ TION Transit System: City of Arcadia FOR LACTC USE ONLY Fiscal Year: 1994-95 OPERATOR CODE: A-95 NUM: Prepared by: David Feinberg PROJECT GROUP: Date: April 22, 1992 PROJECT CODE: SRTP PAGE #: CARRYOVER YR: PROJECT DESCRIPTION: Three, nine passenger paratransit vans equipped for heavy duty use. Additional equipment to include wheelchair-lift, air conditioning, fareboxes, two-way radios and identifying lettering. PROJECT JUSTIFICATION: Vans will replace three, 1990 paratransitl vehicles. The vans average approximately 30, 000 miles of service i per year. At the time of replacement, the vehicles will have well over 100, 000 miles. Maintenance costs escalate at 90, 000 miles. PROGRAM EXPEND FEDERAL STATE LOCAL TOTAL GRANT # PHASE YEAR YEAR ($000) ($000) ($000) ($000) P Y R E I A O R R S • R E - Q U E 94-95 94-95 120. 0 30.0 150. 0 S T E D LASER IMAGED 197. a 5- 7-0-0.N fr iat .� May 5, 1992 TO: ARCADIA CITY COUNCIL FROM: RUDY FRANTA, CHIEF BUILDING OFFICIAL SUBJECT: ADOPTION OF AND AMENDMTENTS TO THE UNIFORM BUILDING, MECHANICAL, PLUMBING, HOUSING SWIMMING POOL, SPA AND HOT TUB CODES Attached is Ordinance No. 1969, which adopts the 1991 Edition of the Uniform Building Code, the 1991 Edition of the Unfiform Plumbing Code, , the 1991 Edition of the Uniform Mechanical Code, the 1991 Edition of the Uniform Housing Code, and the 1991 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code, along with additions, amendments and deletions thereto. The City is required to adopt these codes with local amendments prior to July 1, 1992. There are no new local amendments to the Uniform Plumbing Code, Uniform Mechanical Code and Uniform Housing Code, and therefore only the Arcadia Municipal Code sections adopting the codes are being amended. There are a number of changes to the Uniform Building Code and the Uniform Swimming Pool Code, therefore the proposed local amendments have been included in their entirety.- The major changes in the Building Code relate to fire protection requirements and to special requirements for multiple-family structures. The Uniform Swimming Pool, Spa and Hot Tub Code is a new Code. The changes thereto, reflect the requirements specified in the Arcadia Municipal Code. The Council should open the public hearing, receive any testimony, then close the hearing. If there are no_additional changes to the proposed codes,! the Council should have staff read the title of Ordinance No. 1969, and move for its introduction. LASER IMAGED 4117 03 4,;vii/ 1 ' May 5, 1992 TO: CITY COUNCIL FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING SUBJECT: CHANGES TO THE PROPOSED SWIMMING POOL CODE REQUIREMENTS REVISED SECTION Proposed Section 3430.1 should be reworded to make clear that the safety barrier requirements apply to new swimming pools, spas and hot tubs. The italicized words note the change from the original staff report. "3430.1. ADDITION. Subsection (c) is hereby added to Section 1.3 of Part 1 of said Uniform Swimming Pool Code to read as follows: (c) Every person in possession of land, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, as hereinafter defined, spa or hot tub,for which a permit is issued after June 19, 1992 (the effective date of this ordinance), shall at all times maintain a safety barrier as hereinafter specified, completely surrounding said swimming pool, spa or hot tub." NEW SECTION Because new safety barrier requirements are being adopted for new swimming pool, spa and hot tub installations, the existing installations will become legal non-conforming. It is important to retain the existing barrier requirements so that these existing installations will be required to maintain the safety barriers that were required prior to the adoption of new requirements. Therefore the following additional section should be added: "3434. LEGAL NON-CONFORMING SWIMMING POOLS Every person in possession of land, either as owner,purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, as hereinafter defined,spa or hot tub,for which a permit was issued prior June 19,.1992 (the effective date of this ordinance), shall at all times maintain a safety barrier as hereinafter specified, completely surrounding said swimming pool, spa or hot tub. LASER IMAGED fr? a. A fence or other solid structure not less than four (4) feet in height measured from the side of the fence which does not enclose the swimming pool area with no opening therein (other than doors or gates) larger than six (6) inches square. These provisions do not apply to any swimming pool less than eighteen (18) inches in depth and surrounded on all sides by a vertical wall at least one-fourth (1/4) higher than the depth of the water contained therein. b. Grillwork and picket fences may be used if,in the opinion of the Chief Building Official, the strength of the material thereof is adequate to prevent bending. If grillwork or picket fences are used, either the vertical or horizontal dimension of any opening may exceed four (4) inches if the corresponding horizontal or vertical dimension respectively, of each opening is less than four (4) inches. If wire is used, it shall be of a chain link type which conforms to the fencing industry standards. c. No fence, gate or wall required by this part may be constructed across any driveway. d. Every gate or door opening through the enclosure required by the above shall be equiped with a self-closing and self-latching device placed at least forty-eight (48) inches above the adjacent finished grade and so designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use; provided,however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinbefore required need not be so equiped. e. Every gate opening of an enclsure required by this section shall at all times be posted with a sign with letters not less than one-half (1/2) inch in height, stating: "POOL AREA KEEP GATE CLOSED". 3435. VARIANCES. A variance may be granted from the requirements of Arcadia Municipal Code Sections 3430.5,or 3434 in accordance with the procedure set forth in Arcadia Municipal Code Section 8040." D LASER 6 NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL NOTICE IS HEREBY GIVEN that on Tuesday, May 5, 1992, at 7:30 p.m. in the Arcadia City Hall Council Chamber, 240 West Huntington Drive, Arcadia, California, a public hearing will be held by and before the City Council to ADOPT THE 1991 EDITIONS OF THE UNIFORM BUILDING, UNIFORM PLUMBING, UNIFORM MECHANICAL, UNIFORM HOUSING, AND UNIFORM SWIMMING POOLS, SPA AND HOT TUB CODES, INCLUDING ALL ADDITIONS, DELETIONS AND AMENDMENTS AS MANDATED BY THE STATE OF CALIFORNIA. At said time and place an opportunity will be afforded all those and the public in general to be heard. For additional information please contact the Planning Department, Building Division, at (818) 574-5423, Monday through Friday, between the hours of 8 a.m. and 5 p.m. 41 eA r� June D. Alford City Clerk Dated: April 17, 1992 Publish: April 23, 1992 ARCADIA TRIBUNE LASER IMAGED • /zo las F/aver • May 5, 1992 TO: ARCADIA CITY COUNCIL FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: NUISANCE ABATEMENT AND ORDER FOR REHABILITATION 120 EAST LAS FLORES 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 the vacant dwelling and property located at 120 East Las Flores Avenue. As per the above Section a "Notice of Public Nuisance and Order to Abate" was mailed on April 23, 1992 to Jack M. and Ru Lan Wu responsible parties (based upon the Assessor's roll) for the property located at 120 East Las Flores Avenue. A notice was also posted on the property. The subject property is vacant. The following violations have been cited on the property: 1. Weeds and dead vegetation on the premises and parkway area. 2. Excessive accumulation of trash and debris, discarded miscellaneous items which are not screened from public view. 3 Refuse which is not being disposed of according to law. 4. Lack of landscape maintenance, i.e., trimming of tree branches, overgrown vegetation, ground cover on the premises which is out of conformity with adjacent residential properties. The only available address for the property owner is the subject property. All certified notices have been returned from the post office. The Code Enforcement office has received numerous complaints from the adjoining property owners regarding the maintenance of this property. 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 120 East Las Flores Avenue May 5, 1992 Page 1 LASER IMAGED 8 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 livability, community appearance and the social economic conditions of the community." 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, the City's Code Enforcement Officer inspected the premises on April 7, 1992. The inspection noted that the house was vacant and the property was not being maintained. A letter was sent to the property owners Jack and Ru Lan Wu noting the violations and giving them until April 21 to bring the property into compliance. This letter was returned from the post office. On April 21, the Code Enforcement Officer posted the property with the compliance letter. On April 23, 1992 a Notice of Public Nuisance and Order to Abate was mailed to the property owner and posted on the property. Because of the numerous complaints received from the adjoining neighbors and the inability to contact the property owner, the abatement procedure was initiated. The Planning Department is recommending that the following work be done to bring the property into compliance: 1. Remove all trash and debris from the property. 2. Weed, mow and trim the entire lot. Attached for the City Council's review is the Notice of Public Nuisance and Order to Abate. 120 East Las Flores Avenue May 5, 1992 Page 2 - 49 LASER IMAGED • 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 2. Determine that a public nuisance exists and adopt Resolution 5658 declaring a public nuisance and ordering the rehabilitation of real property located at 120 East Las Flores Avenue (Jack and Ru Lan Wu), authorizing corrective work by the City and collection of the cost for abatement, per Sections 9406.5, 9460.6 and/or 9406.9 of the Arcadia Municipal Code if the violations are not corrected (abated) by the responsible parties within fifteen (15) days of Council's action. • • 120 East Las Flores Avenue May 5, 1992 Page 3 50 LASER IMAGED April 23,1992 Jack M. and Ru Lan Wu 120 E. Las Flores Arcadia, Ca. 91006 SUBJECT: 120 E. Las Flores PUBLIC HEARING REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE PER ARCADIA MUNICIPAL CODE SECTION 9407 TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF AND/OR RESPONSIBLE FOR THE PROPERTY HEREINAFTER DESCRIBED: Said property is situated in the City of Arcadia, Los Angeles County, California, on premises located at 120 E. Las Flores, described as Lot 11, Tract 13932 of the Arcadia Santa Anita Tract. YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections 9405.8 and 9405.10, 9405.11, and 9405.12 of the Municipal Code of the City of Arcadia, California, on file in the office of the City Attorney in the City Hall. Pursuant to the provisions of said,sections, you are hereby notified that the following conditions of your property are in violation of the Arcadia Municipal Code and shall be abated: 1. Weeds and dead vegetation on the premises and parkway area. 2. Excessive accumulation of trash and debris, discarded miscellaneous items which are not screened from public view. 3. Refuse which is not being disposed of according to law. • LASER IMAGED 51 1 120 Las Flores Notice of Public Nuisance and Order to Abate April 23, 1992 Paget 4. Lack of landscape maintenance, i.e., trimming of tree branches, overgrown vegetation, ground cover on the premises which is out of conformity with adjacent residential properties. You are hereby notified that a hearing date has been scheduled before they City Council on May 05, 1992 at 7:30 p.m. in the City Hall Council Chambers located at 240 West Huntington Drive, Arcadia, California to determine whether a public nuisance exists and what action is necessary to abate the nuisance. If a nuisance is determined, you will be directed to abate the public nuisance and you will be subject to abatement by the City with cost assessment imposed on you and the subject property pursuant to the attached provisions of the Arcadia' Municipal Code. Dated at Arcadia, California this 23rd day of April, 1992. is: na L. :utler • ssistant Planning Director cc: City Attorney Code Enforcement LASER IMAGED • I �' 52 1 • . ! . , ' . Cr' 1 1 3 C'4 4 \ \ N \ ...h.: . 14; c:ti i LUBEN /4.0,00 , • 80 80 60 80 _ 60 1 1 915.12 L o 4 I I M,8, r,7) .4 I . a c, c, • . Par z; 4 .4 . . o s ! Lori Z .. . o 414(r5) (/a/) (//5) (//9,) 62 9) (135) 1 '/4/2 .. 1 i • • -v _ 50 50 80 8o 9'2 j 98.17. '•./ - a rr 47 ' : 3.Lz• . • , . 1-,316... • FA-4t114,0-,S AVE. 1 A Ce5 80 - 60 80 80 -- 80 - 150 7.-VIZZ) (/aCf) 0/42 7 NII 0.181 (/.14) 040i • . , r".15 i • .6 M.13, 287 134 14 co o 1 H N . i ' . . . I l' SG , 80 _ 60 b• 50 - 80 80 80 75.12 75 75 - 75 75 75. 75 1 gla 75 ! 76 • 0 0 0 8 0 0 ' • 0 2 - 0 0 0 0 0 0 - ,- 71 %6 (/09) (// ) (/2 ) ("1 r) OS.1) (idg) ( 45) ('s,) I _-..-__76.. ----75- - i.65.G3 I I. Agi740g, AV E:414 --int.,,- kV (mei 014) (120) (12G) (132) (1 4,/4o) rs ,,9 33 ..9. ., 3 4- * ,.9 r v.1 4 • .. 0 ksi 0 0 0 , 4 0 ,I. I 115 115 -45 - 447 - . 75 j 75 . 75 II 75 _ 75.01 .F3‘ N'1, B. 11 -4I II I. i 155,52 75 75 75 75 I .14 100 /00 100 I I 1 I t •— • . . • ■ Vies ai/TY /IA? • . . • • . ..._ . •,_ i LASER IN1AGED ! . 1 - 53 1 RESOLUTION NO. 5658 • 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 120 EAST LAS FLORES AVENUE, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS ! 9406.5, 9406.6, AND/OR 9406.9 OF THE ARCADIA MUNICIPAL CODE. WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 5,1 1992, determines that the real property located at 120 East Las Flores Avenue, Arcadia, 1 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 thatJack M. and Ru Lan Wu are responsible 1 for the maintenance and condition of the property, which includes the real property and improvements located at 120 East Las Flores Avenue, Arcadia,California. more particularly described as follows: 1 Lot 11,Tract 13932 WHEREAS, other than Jack M. and Ru Lan Wu, there appears to be 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 j 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; and 1 WHEREAS, on April 23,1992, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to Jack M. and Ru Lan Wu and the subject property was posted with said notice. -1- LASER IMAGED 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 I THE ARCADIA MUNICIPAL CODE AS FOLLOWS: SECTION 1. That conditions exist on subject property that are substandard and unlawful pursuant to Arcadia Municipal Code Sections 9402.3.4.(a.b.c.) and that the property is maintained on subject property in violation of provisions applicable to such property, 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 fifteen (15) 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 c'o st 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 -2- LASER IMAGED 5658 _ I against the respective lot or parcel of land to which it relates, and shall be collected as set forth in Arcadia Municipal Code Sections 9406.5., 9406.6 or 9406.9. 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. Passes, approved and adopted this 5 day of May, 1992. /s/ GEORGE FASCHING I 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. 5658 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 on the 5 day of May, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Ciraulo, Harbicht, Lojeski, Margett, Fasehing NOES: None ABSENT: None ./57 JUNE D. ALFORD City Clerk of the City of Arcadia -3- LASER IMAGED 5658 • May 5, 1992 TO: ARCADIA CITY COUNCIL FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: NUISANCE ABATEMENT AND ORDER FOR REHABILITATION 415-417 SOUTH SECOND 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 the vacant dwelling and property located at 415-417 South Second Avenue. As per the above Section a "Notice of Public Nuisance and Order to Abate" was mailed on April 23, 1992 to Richard Hirrell, Attorney-at-Law and responsible party for the property located at 415-417 South Second Avenue. A notice was also posted on the property. The subject property is vacant. The following violations have been cited on the property: 1. Weeds and dead vegetation on the premises, adjacent to the alley and in the and parkway area (§9405.8 and 9) 2. Lack of landscape maintenance and building maintenance (§9405.12) 3. Unsecured building. (§9405.7) 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 livability, community appearance and the social economic conditions of the community." - 415-417 S. Second Avenue May 5, 1992 Page 1 6 LASER IMAGED „ 5 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 The subject property has been an off and on again maintenance problem since 1988. In November, 1990, a Nuisance and Order to Abate was filed on the property. At that time, Chris Vance was the responsible party. The owner of the property was listed as Margaret P. Vance, dec'd. Chris Vance, the son, was residing on the property. The City Council on November 20, 1990 adopted Resolution 5557 declaring the property a public nuisance and ordering the rehabilitation of the property. Mr. Vance was notified and some minor clean-up was done; however, there was minimal compliance with the order to abate. During this time, however, there was some problems regarding the estate and Richard Hirrell, attorney-at-law, become the responsible party regarding the estate. On July 11, 1991, the City Attorney contacted Mr. Hirrell advising him of the status of the property and the resolution declaring the property a public nuisance. Chris Vance was still living on the property. On July 17, I sent a letter to Sue in Mr. Hirrell's office regarding the property and advising her what was necessary to bring the property into compliance, . She noted, by phone, that Mr. Vance was still living on the property, but that he would be moving shortly. On August 5, we were advised that Mr. Vance has moved and that a dean-up of the property was being organized. Based upon an inspection report dated August 19, the property was being deaned up. On September 17, 1991 we contacted Mr. Hirrell's office and asked that they clean up the remaining debris and secure the house. Since September, there has been little work done on the house. In December, 11991, Mr. Stockham, the Code Enforcement Officer sent a letter to Mr. Hirrell advising that the property was not being maintained and that clean up was necessary. 415-417 S. Second Avenue May 5, 1992 Page 2 LASER IMAGED 58 a On January 6, 1992, Cindy Moore, the new Code Enforcement Officer contacted Mr. Hirrell regarding the clean up. Mr. Hirrell advised us that there was no money in the estate for dean up. On April 17, 1992, I sent another letter to Mr. Hirrell's office, attention Sue, regarding the lack of maintenance on the property. As of this date, I have not had any correspondence or word from their office. In addition, on April.23, we sent the notice of public hearing regarding the order to abate to Mr. Hirrell and posted the property. As noted in the photographs, no clean-up work has been done on this property and the house is open and unsecured. The Planning Department is recommending that the following work be done to bring the property into compliance: 1. Secure the house by boarding all windows and doors. 3. Remove all trash and debris from the property. • 4. Weed, trim and mow the entire lot, parkway and alley areas. 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 2. Determine that a public nuisance exists and adopt Resolution 5659 declaring a public nuisance and ordering the rehabilitation of real property located at 415- 417 South Second Avenue (Robert Hirrell, attorney-at-law, responsible party), authorizing corrective work by the City and collection of the cost for abatement, per Sections 9406.5, 9460.6 and/or 9406.9 of the Arcadia Municipal Code if the violations are not corrected (abated) by the responsible parties] within fifteen (15) days of Council's action. 415-417 S. Second Avenue May 5; 1992 LASER IMAGED Page3 n 59 .. • 50 50 50 IQ005_ 0 i45 , i n� ON V 3 3r,—tiny,I<3 d o 61'4 $' (,d. ' (4u5/ (i49J (SSJ (,S�J 'f.) risiJ , _ �`' u _ 50 _ 50 , 50 100005 ,45 ■ i T.3/41AD'lc> -sr. $ �f L_ - itEs 5o i x.0 5 K W2i (A 'di r 7601 r!4, (6d' 0 ;i6'?J I (i7o) _ 238 230 N • S L Wit - I 14 5 4� '230 1L I �e • L` ?GS a I— �I Z ,r, N k1, 5� .14v.03 5 0 50 v1 N t9 b 145 q, • 50 35 I i5 45 N ?GS f Sd - 50 5 i NMI �\— -1�5— T 7p�r'S0 r Si ( , 15 .894 90 1,+ o _ Z 13.2 1 I � � �� P . 21347 If?N CO ht LOT VI 5 I / 7 ,� 15 .i2 (eAVOD) (M/) r/ ) I (, Si s �J h a fit fI f Z T 50 35 X15 45 50 5p 115 r 005-TO to 5Oi l <50 E1., �1�4LY� i 1 50 ST. (NirJ AS( S° , s0 SO - 145 II7 ( ��J o (ii*41 !IGO 01 (tof qtJ (.?44 • `— 117 —��•. r° 9 N A - 2 I J'- • a of I I L„- %) -"' 1 ,,,) 1 ,„ , ,I, 50 SO 50 50 50 145 1 50_3 54 50 9 50 1 50 [ 50 Ho az- A 145 - t M t IA &a1 ireA? ___ Ra, 5r-4. g 1 j' ,e ' !I. 1 . I i.i . LASER I AGEDH - 6 Q ...8>--,-4- .o._. r ;' JOSEPH C. CIRAULO � i't- MAYOR1PROTTiMPORE 111\\N:1 r- 240 West Huntington Drive P.O.;_-_ P.o. Box 60 ROBERT C. HARBICHT i 4 l*; Arcadia,California 91066-0060 DENNIS A. LOJESKI f'i� /0' (818)574-5400 BOB MARGETI' c)4PouTf9", COUNCILMEN GEORGE J.WATTS GEORGE FASCHING JUNE D ALFORD CITY MANAGER MAYOR •CLERK CM April 23, 1992 CERTIFIED & REGULAR MA • Richard Hirrell Attorney at Law 301 East Colorado Boulevard, Suite 600 Pasadena,CA 91101 SUBJECT: 415-417 South Second Avenue PUBLIC HEARING REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE PER ARCADIA MUNICIPAL CODE SECTION 9407 TO THE OWNER,AGENT OF THE OWNER, LESSEE, OCCUPANT,OR PERSON IN POSSESSION OF AND/OR RESPONSIBLE FOR THE PROPERTY HEREINAFTER DESCRIBED: Said property is situated in the City of Arcadia, Los Angeles• ounty, California, on premises located at 415-417 South Second Avenue, described as Lot 18, Block 64 of the Arcadia Santa Anita Tract. . I YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections 9405.3, 9405.8, 9405.11, 9405.12 and 9405.7 of the Municipal Code of the City of Arcadia, California, on file in the office of the City Attorney in the City Hall. i Pursuant to the provisions of said sections, you are hereby notified that the following conditions of your property are in violation of the Arcadia Municipal Code and shall be abated: 1. Weeds and dead vegetation on the premises and parkway area. 2. Lack of landscape maintenance, i.e., trimming of tree branches, overgrown vegetation, ground cover on the premises which is out of conformity with adjacent residential properties. 3. The house is open and must be secured. LASER IMAGED 61. ' I • 417 South Second Avenue Notice of Public Nuisance and Order to Abate April 23, 1992 Page 2 You are hereby notified that a hearing date has been scheduled before the City Council on May 5, 1992 at 7:30 p.m. in the City Hall Council Chambers located at 240 West Huntington Drive, Arcadia, California to determine whether a public nuisance exists and what action is necessary to abate the nuisance. If a nuisance is determined, you will be directed to abate the public nuisance and you will be subject to abatement by the City with cost assessment imposed on you and the subject property pursuant to the attached provisions of the Arcadia Municipal Code. Dated at Arcadia, California this 23 day of April, 1992. Donna L. Butler Assistant Planning Director.._ cc City Attorney . Code Enforcement LASER IMAGED 62 RESOLUTION NO. 5659 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 415-417 SOUTH SECOND AVENUE, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 9406.5, 9406.6, AND/OR 9406.9 OF THE ARCADIA MUNICIPAL CODE. WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 5, 1992, determines that the real property located at 415-417 South Second Avenue, 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 Richard Hirrell, Attorney-at-Law is responsible for the maintenance and condition of the property, which includes the real property and improvements located at 415-417 South Second Avenue, Arcadia, California, more particularly described as follows: Lot 18, Block 64 of the Arcadia Santa Anita Tract WHEREAS, other than Richard Hirrell, Attorney-at-Law, there appears to be 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; and WHEREAS, on April 23,1992, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to Richard Hirrell and the subject property was posted with said notice. -1- 1-AS EI I \G 4- 659 • 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: SECTION 1. That conditions exist on subject property that are substandard and unlawful pursuant to Arcadia Municipal Code Sections 9405 Nos. 7, 8, 9, 12 and that the property and buildings are maintained on subject property in violation of provisions applicable to such property, 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 fifteen (15) 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 -2- 5659 LASER IMAGED against the respective lot or parcel of land to which it relates, and shall be collected as set forth in Arcadia Municipal Code Sections 9406.5., 9406.6 or 9406.9. 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. Passes, approved and adopted this 5 day of May, 1992. /s/ GEORGE FASCHING 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. 5659 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 on the 5 day of May, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Ciraulo, Harbicht, Lojeski, Margett, Fasching NOES: None ABSENT: None /S/ JUNE D. ALFORD City Clerk of the City of Arcadia - f -3- LASER IMAGED 5659 0 SQ May 5, 1992 TO: ARCADIA CITY COUNCIL FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: NUISANCE ABATEMENT AND ORDER FOR REHABILITATION 300 EAST SYCAMORE AVENUE This hearing has been scheduled pursuant to Section 94.07 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 the vacant dwelling and property located at 300 East Sycamore Avenue. As per the above Section a "Notice of Public Nuisance and Order to Abate" was mailed on March 31, 1992 to B & S Pacific and North American Investment responsible party (based upon the Assessor's Roll) for the property located at 300 East Sycamore Avenue. A notice was also posted on the property. The subject property has a vacant house and swimming pool. The following violations have been cited on the property: 1. Lack of fencing around the pool which constitutes a safety hazard (§3420) 2. Unsanitary swimming pool. (§1001K UHC) 3 Trash, junk and debris on the property. (§9405.10) 4. Landscaping not maintained (§9405.12) 5. Unsecured building- window area (§9405.7) The only available address for the property owner is a post office box in Long Beach. All certified notices have been returned from the post office. Since we have commenced property maintenance proceedings on this property, several names have been given to us as owners, Huei Lee, Jeff Kim and Jay Lee. There has been no response to any of these names. The last contact we had from anyone was from Mr. Jay Lee who advised that he did not own this property. 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 300 East Sycamore May 5, 1992 Page 1 LASER IMAGED 36 ` . 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 land the enhancement of the livability, community appearance and the social economic conditions of the community." 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 As a result of the June 28, 1991 earthquake, approximately 90 feet of the southerly wall which enclosed the pool at 300 East Sycamore toppled down. This problem was not reported to the City by the property owner. However, on July 9, 1991, we received a copy of a letter from "J" Bruce Anderson to Mr. J. I. Lee at 300 East Sycamore regarding the wall. On July 12, a letter was sent from the Planning Department advising Mr. Lee that he had 24 hours to construct a wall around the pool area. On July 15, Mr. Lee called saying he would provide a temporary fence to secure the pool area. The site was inspected on July 17 nothing had been done to secure the property. On July 18, the Arcadia Fire Department drained the pool at the request of the Building Department. On March 11, 1992 in response to a complaint, the property was inspected and it was noted that the house was vacant, there was standing water in the pool, the house was not secured (window missing) and the landscaping was overgrown. Because of the heavy rains, the pool was again filled with water and the Code Enforcement officer requested that the Fire Department again drain the pool. On March 13, a - letter was sent to B & S Pacific noting the code violations. The letter was returned on March 29. On March 25 another letter was sent to Huei Lee and also posted on the property. Again, no response. On March 31 a "Notice of Abatement"was mailed to Jeff Lee, B & S Pacific and posted on the property. The notice set forth a hearing date of April 21 which was 300 East Sycamore May 5, 1992 Page 2 3 LASER IMAGED �- ►� • postponed to May 5 (tonight's hearing). On April 17 the pool was again drained by the Fire Department. Numerous reinspections have been made of the site and there has been no change in the condition of the property. Also there has been no contact from the property owner(s), other than from Mr. Lee saying he does not own this property. The Planning Department is recommending that the following work be done to bring the property into compliance: 1. Secure the pool area with a temporary fence. 2. Secure the house 3. Remove all trash and debris from the property. 4.. Trim and mow the entire lot. Attached for the City Council's review is the Notice of Public Nuisance and Order to Abate and a letter from J. Bruce Anderson to Huei Lee regarding the property. 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 2. Determine that a public nuisance exists and adopt Resolution 5657 declaring a public nuisance and ordering the rehabilitation of real property located at 300 East Sycamore Avenue (B & S Pacific and North American Investment),! authorizing corrective work by the City and collection of the cost for abatement, per Sections 9406.5, 9460.6 and/or 9406.9 of the Arcadia Municipal Code if the violations are not corrected (abated) by the responsible parties within fifteen (15) days of Council's action. • 300 East Sycamore • May 5, 1992 LASER IMAGED Page3 1 I t l 1 3 44.J O 4J-.3. r,.VL I •4., 135 44.T 150.58 ' 15 — ----- _-.I too (.14'ti �-7�� 0 �Icy P' 14.."_14.."_..)i J 1 • ISO ' 275.5 300.GO a Oqq ; . -i ry N - --r w 1 .J .. % 271.5 IGO.C3 ;10 163.63 I 135 135 . 61 EASCMCNT • N ----- X79.5 - - £ -- -- -- ----300.GG - — 60 1».2>t 50 79 TS A ((b., 2,1 G4•.#4 . . P0M0 , __.-- 0 2 6 - Us ' ' : I N M.B.17- 22 I r r`7-, - r I � t,g.x0 ♦ ; (3471 . A(307-A .5 - • Na tad,.. .,,,,...,_ , Cr) .. N .M.g. 18 - 6 o V'O Irt 24531 1P0 ? I110N Ii 24. hi .9 WI .r 4 P.m.B. 20-73 J •r • 133.31 ° 58.7 ISB IO .41 C 4, 15 50 • 50 50 50 50 50 50 50 50 SO SO 50 50 50 5 W rn P . CD 109 1- w ' 4- — — 4. i r = it i. IIIIII w t M.B. 104-V 4., - - i9- - 011-1)-- (ils) _1119) /123) (//27) (!/3U ----= --- --- ------- - -- -------- ------ - ------- ts • 0 50 .50. • . 15 (1135) (1139 (1143) (1145) (1201) (1207) (1209) (1211) (12 • . . 34.35 50 0 . O 50 50 - so 5o 1 50 . 5' � �� i N AL WAY- - _ . . 1 ` _ f CITY OF ARCAD I A MEMORANDUM TO:B AND S PACIFIC AND NORTH AMERICAN DATE: 04-09-92 FROM:CINDY MOORE SUBJECT: ABATEMENT HEARING DATE CHANGE THE DATE FOR YOUR ABATEMENT HEARING HAS BEEN CHANGED. THE DATE HAS BEEN CHANGED FROM 04-21-92 TO 05-05-92,, PLEASE MAKE A NOTE OF THIS AND PLAN TO APPEAR. IF YOU HAVE ANY QUESTIONS PLEASE CALL 818-574-5421. THANKS 2� i CINDY MOORE LASER IMACED 40 .1 y !)., ROBERT C.HARBICHT Aili MAYOR PROTP.MPORE•l ;.., ...:.4 .,.L., �� `ti ,, 240 West Huntington Drive JOSEPH C. CIRAULO rWri '1111 P.O. Box 60 GEORGE FASCHING Arcadia,California 91066-0060 i MARY B, YOUNG ."4.c\ �o'2 (818)574-5400 COUNCILMEMBERS RPO&,wTsO- GEORGE J.WATTS CHARLES E. GILB JUNE D.ALFORD CITY MANAGER MAYOR CITY CLERK March 31, 1992 Jeff Lee 300 E. Sycamore Arcadia, CA 91007 SUBJECT: 300 E. Sycamore PUBLIC HEARING REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE PER ARCADIA MUNICIPAL CODE SECTION 9407 TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF AND/OR RESPONSIBLE FOR THE PROPERTY HEREINAFTER DESCRIBED: Said property is situated in the City of Arcadia, Los Angeles County, California, on premises located at 300 E. Sycamore, described as Lot 1 block 8341 of the Arcadia Santa Anita Tract. YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections 1001(K) UHC,3420, 9405.10, 9405.12, 9405.7 of the Municipal Code of the City of Arcadia, California, on file in the office of the City Attorney in the City Hall. Pursuant to the provisions of said sections, you are hereby notified that the following conditions of your property are in violation of the Arcadia Municipal Code and shall be abated 1. Lack of fencing around pool which constitutes a saftey hazard. 3420 2. Unsanitary swimming pool. 1001(K) UHC 3. Trash, junk, and debris on property. 9405.10 4. Landscaping not maintained. 9405.12 • • LASER IMAGED 41 300 E. Sycamore Notice of Public Nuisance and Order to Abate March 31, 1992 Page 2 5. Unsecured building (window area). 9405.7 YOU ARE HEREBY NOTIFIED THAT A HEARING DATE HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL ON APRIL 21, 1992 AT 7:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS LOCATED AT 240 WEST HUNTINGTON DRIVE,ARCADIA, CALIFORNIA TO DETERMINE WHETHER A PUBLIC NUISANCE EXISTS AND WHAT ACTION IS NECESSARY TO ABATE THE NUISANCE. If a nuisance is determined, you will be directed to abate the public nuisance and you will be subject to abatement by the City with cost assessment imposed on you and the subject property pursuant to the attached provisions of the Arcadia Municipal Code. Dated at Arcadia, California this 31st day of March, 1992. -■Lo drrIW, Donna L. Butler - Assistant Planning Director • cc City Attorney • - Code Enforcement - I - LASER IMAGED • i 42 • • jba j bruce anderson structural engineer April 10, 1992 Mr. Huei F. Lee 300 East Sycamore Avenue Arcadia, CA 91006 Dear Mr. Lee: - I It has been nine months since the Sierra Madre earthquake toppled your masonry wall into my yard and exposed your swimming pool to the public. Since that time, you have completely disregarded public safety, first, by allowing the swimming pool to be exposed without protective fences, second, leaving the remainder of your masonry wall standing, precariously unstable, and third allowing the swimming pool, drained in July by the Arcadia Fire Department, to collect water from the recent rains and become breeding grounds for mosquitoes. Since you moved out at the end of the summer last year, we have noticed an inordinate amount of transient people in your yard and the house has fallen into a state of disrepair and general public nuisance. By copy of this letter I am filing a formal complaint against you with the Los Angeles County Department of Health. I do not care to expose my family to potential encephalitis because of your lack of community concern. i To date, I have not heard from you regarding reimbursement for my expenses in removing your wall, nor on your intentions with the remaining, unstable wall. I would be more than happy to communicate with you if you would contact me. Again, if you have any questions regarding this matter, I request that you contact me immediately. My home phone number is 818-357-0960. I look forward to receiving your check in the amount of $417. 00 and to resolving the dangerous conditions that exists. Sincere , i1 RECEIVED "J" :ruce Anderson APR 131992 c.1 f iIh Ans;nuIT. JBA/wt. BUILDING DEPT cc: ✓City of Arcadia, Department of Building and Safety Los Angeles County Department of Health i 501 south arroyo parkway • t 1' 681-848'1, '� y p y Pasadena,California 91105-2519 • 213) 43 RESOLUTION NO. 5657 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 300 EAST SYCAMORE, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 9406.5, 9406.6, AND/OR 9406.9 OF THE ARCADIA MUNICIPAL CODE. WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 5, 1992, determines that the real property located at 300 East Sycamore Avenue, 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 B & S Pacific and North American Investment is responsible for the maintenance and condition of the property, which includes the real property and improvements located at 300 East Sycamore Avenue, Arcadia, California, more particularly described as follows: Lot 1, Block 8341 of the Arcadia Santa Anita Tract WHEREAS, other than B & S Pacific and North American Investment, there appears to be 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 if the Arcadia Municipal Code; and -1- 5657 WHEREAS, on March 31, 1992 and April 9,1992, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to B & S Pacific and North American Investment and the subject property was posted with said notice. 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: SECTION 1. That conditions exist on subject property that are substandard and unlawful pursuant to Arcadia Municipal Code Sections 3420, 1001(K) HUC, 9405.10, 9405.12 and 9405.7 and that the property, buildings, walls, swimming pool 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 and Uniform Health Code Section 1001K). SECTION 2. The responsible parties are hereby ordered to abate the public nuisance as described herein within fifteen (15) 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 -2- 5657 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 shall be collected as set forth in Arcadia Municipal Code Sections 9406.5., 9406.6 or 9406.9. 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. Passes, approved and adopted this 5 day of May, 1992. /s/ GEORGE FASCHING Mayor of the City of Arcadia ATTEST: /S/ JUNE D. ALFORD City Clerk of the City of Arcadia -3- 5657 J ` 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. 5657 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 on the 5 day of May, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Ciraulo, Harbicht, Lojeski, Margett, Faschirig NOES: None ABSENT: None IS/ JUNE D. ALFORD City Clerk of the City of Arcadia -4- 5657 D [, VO-4/o • • Pi�j Z��UIOYC[GD . c : � • 71/em o a dum mC te` 6 rn�- -k,T 1A17., „ Date 5/5/92 - ---- TO: Arcadia Redevelopment Agency . FROM: Joyce Friedmann, Economic Development Assistant, ARA .7.4,. SUBJECT: Design Review for 225 Colorado Place (Motel 6) Work Proposed: Rehabilitation of a of a 20,850 square foot, 86- unit motel. (See Site Plan and Rendering, Attachment 1. ) Applicant: Motel 6 Operating L.P. , 14651 Dallas Parkway, Dallas Texas 75240 (Charles Elias) Location: 225 Colorado Place (see Location Map, Attachment 2) . Existing Land Use: Motel Existing Zoning: R-3 (Multiple Residential) General Plan Designation: Commercial -. Redevelopment Plan Designation: CO (Commercial Office) i Surrounding Land Uses: North: Church/School South: Thoroughbred Breeders East: Residential West: Santa Anita Race Track Building Area: 10,425 square feet Frontage: 140 feet Parking: 93 regular stalls; 5 handicap stalls (one new regular stall has been added as a result of removing the existing heating, ventilation, air conditioning (HVAC) and installing window air conditioners) . LASER IMAGED n 4f:- 4 PURPOSE OF DESIGN REVIEW The Agency's actions do not supersede Building or Zoning Regulations. Such regulations must be complied with unless modified in accordance with the procedures set forth in the Arcadia Municipal Code and need not be considered by the Agency in this review. The purpose of the Agency's review is as follows. 1. To afford the Agency the opportunity to determine if new private projects are in conflict with any Agency projects which are being considered or developed in the same area. 2 . To provide the .opportunity to incorporate the private project with the Agency project and/or to eliminate or to mitigate any conflicts at the earliest stage of the design process. 3 . To afford the Agency an opportunity to review the preliminary architectural plans of private projects to insure that said projects are not so out of character with the area as to be a hinderance to future development. DESIGN FEATURES The Applicant proposes to rehabilitate the existing Motel 6 building. (A colored rendering of the building and color board are available for viewing in the Economic Development Department and will be in the City Council Conference Room at the Redevelopment Agency Meeting. ) As a result of earthquake damage to the building, all exterior plaster, facia and handrails will be replaced and painted. All exterior doors and trim will be repainted, and the existing roofing will be replaced. The existing (HVAC) will be removed from the parking lot and in its place .a new parking space will be added. New individual window air conditioners will be installed. The new building exterior will be beige stucco with blue- green trim. The exterior doors and frames will be painted a darker beige ("Tan Bark") . The Applicant proposes to remove the existing brick veneer on the south facade and replace it with plaster. The night registration window shall be relocated on the south wall of the southern building. Existing vegetation will be cleaned-up and trimmed throughout. 2 LASER IMAGED 142 The existing block wall located along the north property line will be repaired and painted to match the building. Representatives from Motel 6 will be present at the Redevelopment Agency meeting to answer questions. DEPARTMENT REQUIREMENTS Planning 1. The parking lot should be re-striped to comply with code (i.e. , hairpin striping) . 2 . The landscape areas which have insufficient ground cover and plants should be replanted to comply with code. 3 . A 6" high curb should be placed around the landscape areas, as per code, except the perimeter landscaping on the north and east sides of the property. 4. Metal gates should be installed on the trash enclosure. Public Works. 1. Remove and replace deficient or damaged curb, gutter, - sidewalk and/or pavement to satisfaction of the City Engineer (contact Public Works Department for exact location of removal and replacement) . 2 . Obtain all necessary permits prior to construction in the Public right-of-way. . Fire 1.. The building must be fire sprinklered to NFPA 13R standards "1989"; central station fire alarm system is required per N.F.P_.A. standards #71 and 72E; plans shall be submitted and approved prior to installation; fire alarm to central station shall be operational prior to occupancy; fire alarm is to be audible in all portions of the building, 10 db above ambient normal noise levels; minimum of one knox box will be required. 2 . Handicapped accessibility, including parking per Title 24, California Code of Regulations. 3 . Compliance with Energy Regulations per Title 24. 4. Sound attenuation per Appendix Chapter 35 in U.B.C. 1988 Edition. 5. Glazing per Chapter 54, U.B.C. . 3 LASER IMAGED 143 6. Handrail and guardrail spacing per Section 1711, U.B.C. . Redevelopment 1. Construct red brick pilasters around metal poles on the south and west sides of the southern building. 2 . Construct red brick pilaster around the large metal pole sign on Colorado Place. 3 . Remove large lights from front facade roof and replace with under lighting of two large trees in parking area, and other security lighting if needed. 4. Remove ivy and ground cover on Colorado Place and construct low berm/mound covered with grass; plant color plants at entry drive and improve landscaping throughout to the satisfaction of the Planning Department. 5. Construct a low brick curb wall around parkway planter. 6. Remove existing trash enclosure east of the pool and construct new brick or painted masonry (to match the building) trash enclosure with a metal gate to the northwest corner of the site. 7. New air conditioner units should be installed as flush as possible with the outside of the building (not to exceed 6") , and painted to match the building. 8. Repair brick planters as needed. 9. Remove portion of chain link fencing with green slats along north property line overlapping existing block wall; paint the block wall to match the Motel 6 building. 10. Repair remaining chain link fencing with green slats as needed.. 11. Install new 3 foot high concrete block wall along the north westerly property line beginning at the westerly portion of existing block wall (belonging to the neighboring church) and extending south westerly to the Motel 6 property line; and install a 6 foot high concrete block wall along the northerly section of the north westerly property line, beginning at the north west corner of the property, and extending south westerly to meet the 3 foot high block wall belonging to the neighboring church. 12. Provide ground cover or decorative material under exterior stairs to the satisfaction of the Planning Department. 4 LASER IMAGED 14.4 401 411/1 13 . Complete all maintenance, repairs and improvements as submitted for Design Review in the plans to the Arcadia Redevelopment Agency received April 3, 1992 . MINOR VARIATION The applicant proposes to rehabilitate an existing motel building on a site designated by the Redevelopment Plan as Commercial Office. In special cases, when the applicant's proposal does not conform with the Redevelopment Plan, the Agency is authorized under Section 423 of the Plan to permit a variation from the limits, restrictions and controls established by the Plan. In order to permit such variation, the Agency must make the following findings. a. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of the Plan. Since the building under consideration was constructed the 1960's, before the Redevelopment Area was established in 1973 , and has operated as a motel until it was severely damaged by earthquake in summer 1991, staff believes that the above findings can be made and that a minor variation is justified. OWNER AND TENANT PARTICIPATION AGREEMENT If the Redevelopment Agency elects to grant a variation from the Redevelopment plan, it should require the applicant and the property owner to enter into an Owner and Tenant Participation Agreement/Grant of Variance (the "Agreement") which will be recorded against the property (see Attachment 3) . The agreement was prepared by Agency Special Counsel Steve Deitsch. • The Agreement serves several purposes: 1) it acknowledges the variation from the Plan; 2) It sets forth the Agency's right to 5 LASER IMAGO 145 • O acquire the property at a future date, as stipulated in the Plan; and 3) since it is recorded and listed as a title exception on the property, the Agreement ensures that the owner, the tenant and their successors are aware of the restrictions on the land. This variation, if granted, will apply only to the motel use herein being considered. Should the building be destroyed, or should the present or future owner or tenant desire to demolish the present building and reconstruct a use other than one within the Commercial Office designation, a new variation would have to be obtained. Charles Elias of Motel 6 (the tenant) , has advised us by fax that they accept the Agreement as is (see last page of Attachment 3) . RECOMMENDATION: That the Arcadia Redevelopment Agency find this proposal to be an exceptional circumstance under Section 423 of the Redevelopment Plan, and approve this Minor Variation and Design Review for 255 Colorado Place subject to the following conditions: 1. That the project comply with all Zoning and Building Codes, as established or modified by the City; 2 . That the tenant (Motel 6), comply with the departmental requirements listed above; 3 . That the property owner and the tenant (Motel 6) execute an Owner and Tenant Participation Agreement/Grant of Variance in form approved by Agency Special and General Counsel; and 4. That the Design Review be in effect for one year, as per ARA-126. ., Approved: ,// 7'. ; J Execut. a Direct Attachments 6 LASER IMAGED 146 . • IP • . • LOCATION MAP _. .. . . . • / SANTA ROSA ROAD . ..rounwe / • CO SO • ail 3Y N ..7.1 27 1.I 27 4t7 JO 441.6 s OW AU 10g . 40 AP, Aff 3 5 ' I 4doril telktil 441711 4~111 4~41 dash 4nkizer, I I 1.-‘" 1 214 2I I l' ' • ' • . I • ,i I 31-44 lot 1 4*,,• 4 I(.° I I hk t.! s.. I, ' 1 1 4 • I % 1 mi .0 ,O. 4 •z is % k ■1 .3 t' 42 211 1 " 1 201 k 19 I 181 i 17 'P■I 16 Z ; t■lel iri 0 )11 r.-zi (2)1 ®I - - f ..,. , at al ti 0' a I 0 le ••. ' ,....,......„,mm,, • . -.f...)1 Krfg ... 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' • .A../.-Li-,.,....4r-•.,.."4.4.,,,,-. 1...,-.-5.;..-„c.....,,,,,7-•.z-z-e--•----:...V",,,,'-',1,-...,:4;•-.7-- - Loll - • ,?..-...,%'-'4,',4,.-- 4.--;;..,••-• ,...,---...f-r., •••7:,,:•;:.-s-t',..4:,f,-,k-;,_',.?e-3:.:*4",-- 5-•:t---ej,,./-,,--'' •Acr ---,0 ..),,.,-,4,-,,:. r,..-,..,-44 4;.4,.:_iVret--,,,..,:, •- -.. ,-•,:tv-:-...-='?:;,' •,' • ,_/,f4 I'±-3.'. -;"(c-,,.::::),,/1,4,i 5-"f,;"i,: :t•,:-_,..,?:<-,5:42:-4,*il 4,1 riisser,3,,'-,-:.,Z;,'''',1.4 i?:. ''-. J667 ' • :.,... .13./4.:.`'i*,.?4:7?.<4•1=ct-,M7:'c'"/•e;:Z.:"*".: '"'-' • n.,C.- 4%, •• ••••,.4.,./,---(1 ....-- .7% -,`77.,02' .RVI 1'0 !""':51,;..,,...i..,3.2.),- ,.,. /1/..,•-' .7(,•' • •.,.., ...1-,rg)..- _... :7\•,'-g'ix,',7^Wi:',?4.7..I i's'''..- 0 ;.•.: .a.-.N.',2;..-.;;,..4.k.- QNP •c) '4; • • \ . N ' • . .. . . 0 tY c) _ \ ' g3 A 29 \ ——————— ...0>< . • a•■0‘ \--.. .. . ......., inimmossumb. • . 225 COLORADO PLACE (Motel 6) ... North • . ' ER AS INIse\„. 7.---' c • ATTACTE11; 2 4 i SENT BY:BB&K ONTARIO ; 4-28-92 ; 10: 10AM : BEST, BEST & KRIEGER-, 8184473309;# 2 • RECORDING REQUESTED BY: ARCADIA REDEVELOPMENT AGENCY AND WHEN RECORDED MAIL TO: Arcadia Redevelopment Agency DRAFT 240 West Huntington Drive Arcadia, CA 91006 ARCADIA REDEVELOPMENT AGENCY OWNER AND TENANT PARTICIPATION AGREEMENT/GRANT OF VARIANCE (Motel 6) This Agreement is made and entered into this day of , 1992, by and between the Arcadia Reaivilopment Agency, a public body, corporate and politic (the "Agency") , and (the "Participating Owner") and (the "Participating Tenant") . _ WHEREAS, the City Council of the City of Arcadia has approved and adopted the Redevelopment Plan for the Central Redevelopment Project (the "Redevelopment Plan") pursuant to Ordinance No. 1490, dated December 26, 1973, as amended by Ordinance No. 1720, dated May 19, 1981, and as further amended by Ordinance No. 1847,. dated November 18, 1986; and WHEREAS, the Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq. ) provides for the participation in redevelopment activities by owners and tenants of property located within redevelopment project areas; and WHEREAS, the Participating Owner owns certain real property (the "Property") , as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference, located in the redevelopment project area of the Central Redevelopment Project, and the Participating Tenant leases the Property from the Participating Owner; and WHEREAS, the Redevelopment Plan designates the permitted land use for the Property as Commercial Office; and WHEREAS, the Participating Tenant operates upon the Property an existing motel known as "Motel 6" ; and WHEREAS, such a use on the Property constitutes a nonconforming use under the Redevelopment Plan's Commercial/Office designation; and WHEREAS, the Participating Owner and the Participating Tenant propose to re-establish the nonconforming hotel use on the Property by rehabilitating and repairing certain earthquake damage suffered by the Motel 6; and KKR16682 LASER IMAGED, 143 ATTACHMENT 3 SENT BY:BB&K ()WARN ; 4-28-92 ; 10; 10AM ; BEST, BEST & KRIEGER-' 818447330943 WHEREAS, under exceptional circumstances, the Agency is authorized under Section 423 of the Redevelopment Plan to permit a variation from the limits, restrictions and controls established by the Redevelopment Plan when the same would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the Redevelopment'Plan and the permitting of the variation will not be detrimental or injurious to the public welfare or property in the area and will not be contrary to the objectives of the Redevelopment Plan; and WHEREAS, permitting a variation to the Redevelopment Plan will not negate or limit any of the Agency's powers under the Community Redevelopment Law or under the Redevelopment Plan and will not be detrimental or injurious to the public welfare or other property in the area; and WHEREAS, the Participating Tenant will apply to the City of Arcadia for a building permit to rehabilitate the Motel 6 (the "Project") , as more fully described by the Design Plans attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the Agency wishes to grant a variance to the Participating Owner and Participating Tenant allowing the existing nonconforming hotel use upon the Property, but only upon the terms and conditions as contained herein. NOW, THEREFORE, the Agency, the Participating Owner and the Participating Tenant, for and in consideration of the mutual promises and agreements herein contained and under the conditions hereinafter set forth, do hereby agree as follows: SECTION 1. AGENCY APPROVAL. The Agency hereby approves the Design Plans submitted by the Participating Tenant, but only as they are conditioned and modified by the Agency's Design Review of May 5, 1992, a copy of which is attached hereto as Exhibit "c" and incorporated herein by this reference. The parties acknowledge and agree that the approval of said Design Plans is required pursuant to Section 424 of the Redevelopment Plan. The Agency hereby agrees to provide to the City of Arcadia .appropriate evidence . that the Participating Tenant has complied with all conditions of Agency approval pursuant to the Redevelopment Plan necessary to enable the City to issue a building permit for the Project; provided, however, that the approval of the building permit is based upon and limited to the Design Plans, as modified and conditioned by the Design Review. SECTION 2 . COMPLETION OF PROJECT/ACKNOWLEDGMENT OF NON- CONFORMING USE. The Participating Tenant hereby agrees to complete the Project on the Property in accordance with the Design Plans as modified and conditioned by the Design Review. The Project must be completed and receive the acceptance of both the City of Arcadia and the Agency within a period of two years following the date of the approval of the Agency's Design Review. Time is declared to be KKR16682 -2- LASER IMAGED 149 SENT BY:BB&K ONTARIO ; 4-28-92 ; 10: 11AM ; BEST, BEST .& KRIEGER- 8184473309;# 4 • of the essence as it relates to this Section 2 . In the event that the Project is not wholly completed and accepted by both the City and Agency within such two-year period, then the Agency's approval of the variance granted under this Agreement shall be null, void and of no force and effect; provided, however, that all the liabilities and obligations of the Participating Tenant and Participating Owner under this Agreement shall survive. The Participating Owner and the Participating Tenant hereby acknowledge and agree that the use of the Property for motel purposes is not in conformity with the Redevelopment Plan and may only be permitted in accordance with the variance procedures provided for in the Redevelopment Plan. • . 3 k s - AIV . ; •_ C • ER • DEF .. k PAR . ., NG 0 ; -TIC ENANT. The approval of the variance provided for in this Agreement shall not be interpreted as or considered to be any implied or express approval by the Agency of the Motel 6 as a conforming use under the Redevelopment Plan. The Participating Owner and the Participating Tenant agree, both for themselves and their successors and assigns, that the grant of the variance - hereunder does not constitute a waiver by the Agency of its rights existing under the Redevelopment Plan, the Community Redevelopment Law or any other laws of the State of California, to acquire the Property in the future by voluntary acquisition_, eminent domain or otherwise. The Par- ticipating Tenant and Participating owner agree, both for them- selves and for their successors and assigns, not to use the grant of variance in this Agreement as a defense in any action or proceeding brought by the Agency to acquire the Property or as support for any argument that the Agency has no right to acquire the Property at some point in the future. THE PARTICIPATING _ OWNER AND THE PARTICIPATING TENANT ACKNOWLEDGE AND AGREE THAT THEY MAY BE WAIVING AND RELINQUISHING VALUABLE LEGAL RIGHTS BY EXECUTION OF THIS AGREEMENT. NOTWITHSTANDING, THE PARTICIPATING OWNER AND THE PARTICIPATING TENANT HEREBY CONSENT TO SUCH WAIVER AND RELINQUISHMENT. PARTICIPATING TENANT _ PARTICIPATING OWNER SECTION 4 . OBLIGATION TO _?EFRAIN FROM DISCRIMINATION. The Participating Owner and Participating Tenant covenant and agree for themselves, for their successors and assigns and for every successor in interest to the Property or any part thereof, that there shall be no discrimihation against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoy- ment of the Site; nor shall the Participating Owner or Partici- pating Tenant, themselves or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, KKR16682 -3- -r LASE ti PIG 150. SENI uY; iti&K uNIA1110 ; 4-28-92 ; 1U: 12AM ; BESTS BEST & KRIEGER-, 8184473309;# 5 4 location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. CTIQN 5. • • ;4 • - N. ' : i . •N AND NQNSEGREGATIQN CLAUSES. The Participating Owner and Participating Tenant covenant and agree for themselves, for their successors and assigns and for every successor in interest to the Property, that the Participating. Owner and Participating Tenant, such successors and such assigns, shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the Property (or any part thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or natural origin of any person. All deeds, leases or contracts pertaining thereto shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use., occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall ruh with the land. " (b) In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry, in the leasing, subleasing, renting, transferring, Use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number or occupancy of tenants, lessees, sublessees, tenants, or vendees in the land herein leased. " (a) In contracts: "There shall be no discrimina- tion against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, rental, transfer, use, Occupancy, tenure or enjoyment of the land or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. " KKR 16682 -4- LASER IMAG 151 SENT BY:BB&K ONTARIO ; 4-28-92 ; 10: 12AM ; BEST, BEST & KRIEGER-, 8184473309;# 6 410 SECTION 6. EXECUTION. This Agreement is executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. SECTION 7 . RECORDATION. The Participating Owner and the Participating Tenant shall execute this Agreement in recordable form and shall record or permit recordation of this Agreement against the Property. SECTION 8. MAINTENANCE. The Participating Tenant and Participating Owner shall maintain the Property and all improvements thereon in compliance with the terms of the Redevelopment Plan, and with all applicable provisions of the City of Arcadia Municipal Code until the expiration of the Redevelopment Plan or until future acquisition of the Property by the Agency. SECTION 9. GRANT OF VARIANCE. Pursuant to Section 423 of the Redevelopment Plan, the Agency hereby grants to the Participating Tenant and Participating Owner a variance which allows the existing nonconforming motel use upon the Property to be continued. Such variance and its effectiveness is expressly conditioned upon the Participating Tenant's and Participating Owner's compliance with every term and obligation contained in this Agreement. • ,SECTION 10. ATTORNS FEES. In the event of any action brought to enforce the terms of this Agreement or to determine this Agreement's validity or meaning, the prevailing party in any such action or proceeding shall be entitled to recover from the other its reasonable attorneys fees and costs of suit, including those fees and costs incurred ch appeal, in addition to any and all other relief, whether legal or equitable, which is available to it. SECTIQN 1 ,. ,SEVERABILITY. If any portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that such provision may be severed from the Agreement and the remainder of the Agreement may thereafter be enforced according to its terms. SCTIQN 12. . NO WAIVER. The failure of the Agency on any one or more occasions to strictly enforce the terms of this Agreement shall not constitute a waiver of the Agency of its right to insist upon strict future compliance. SECTION 7. . DURATION OF ANTXPISCRI1I ATTON COVENANTS. In accordance with the requirements of the community Redevelopment Law, the covenants against discrimination contained in Sections 4 and 5 of this Agreement shall run with the land and shall remain in perpetuity. . SECTION 14 . JOINT AND .EVERAL LIABILITY. In the event • of any default under this Agreement, the liability for such default shall be joint and several between the Participating Owner and the Participating Tenant. KKR16682 -5- LASER IMAGED 152 J[IVI DT •ooan vivIAR1V , 4—Ytl—y'L iu I3Hm �t1, Ut5F & KRIEGER� 8184473309# 7 • SLCTION J.5. 11..ULUEIMIDLAgAntamagR.T acknowledge and agree that this agreement has been negotiated aamong them and that there shall be no presumption for or against any one party to this Agreement by reason of that party's authorship of this Agreement. SECTION 16. R A R ON The Participating Owner and the Participating Tenant certify to the Agency that no relocation assistance (as provided for in Government Code Sections 7260, et seq. ) will be necessary in conjunction with the Project. However, if for any reason relocation assistance should become necessary as a result of the Project, either as a result of the requirements of Government Code Section 7260 or any other statute, the Participating Tenant and Participating Owner shall jointly and severally indemnify, defend and hold harmless the City and the Agency from any and all claims for relocation assistance, including, without limitation, claims for goodwill. IN WITNESS WHEREOF, the Agency, the Participating Owner and the Participating Tenant have executed this Agreement as of the date first above written. PARTICIPATING OWNER By: DRAFT Motel 6" Operating L.P. Date: PARTICIPATING TENANT By: DRAFT Date: KKR 16682 -6- LASER 1!‘I1AGED- 153 SENT t1Y.UU&K UNIAKIU ; 4-28-92 ; 10: 14AM ; BEST, BEST & KRIEGER-► 8184473309;# 8 ATTEST: ARCADIA REDEVELOPMENT AGENCY By: F t A r '? By: DRAFT Secretary Chairman Date: Date: APPROVED O APPROVED AS TO FORM: By: t r:By: Agency Attorney Agency Special Counsel bate: Date: KKR16682 -7 LASER IMAGED - 154 5tNI V;tiCiYK uNIAN1u ; 4-2tl-y-1 ;1O; 14AM ; 13E5TH BEST.& KRIEGER-+ 8184473309;# 9 41/1 EXHIBIT "A" "PROPERTY" Legal Description of 255 Colorado Place (attach legal description) • • KKR16682 -8- LASER IMAGED r 155 SENT BY:BB&K ONTARIO - ; 4-28-92 ; 10:14AM ; BEST, BEST & KRIEGER ■ 8184473309#10 IP S EXHIBIT "B" Plans received by Agency on April 3, 1992 (attach plans) LASER IMAGED KKR16682 -9- _ 156 SENT BY:BB&K ONTARIO ; 4-28-92 ; 10: 14AM ; BEST, BEST & KRIEGER-, 8184473309;#11 EX}IBIT "C" Agency Design Review of May 5, 1992 (attach copy of staff report) KKR16692 _10_ LASER IMAGED 1517 SENT BY: XEROX Telecopier 7017: 4-29-92 ; 16:38 : 2147025911-4 8184473309;# 2 PROJECT: Arcadia, California LOCATION NO: #010 DATE: April 29, 1992 T0: City of Arcadia Economic Development Department 240 West Huntington Drive . Arcadia, CA 91007 ATTN: Ms. Joyce Friedmann • We transmit: (X) herewith ( ) under separate cover via: Facsimile For your: ( ) approval (X ) use ( ) review nd comment other: Fjle NO. : U70 .0000 Comes Description (1) Copy of the OPA for Arcadia Motel 6. Rehabilitation Project. " Remarks: Ms. Friedmann: We, at Motel 6, L.P. , accept your Arcadia Redevelopment Agency 'Owner and Tenant Participation Agreement/Grant of Variance' as you submitted. BY: Charles E. Elias, A. I .A. Project Manager Copies to: Roger Reith LASER IMAGED MOTEL 6, L.P. 14651 Dollop Parkwoy 0080%TX 75240 214 386 0101 158