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HomeMy WebLinkAboutMay 18, 1993s �A A G E N D A ARCADIA CITY COUNCIL MEETING MAY 18, 1993 6:30 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Fasching, Harbicht, Lojeski, Margett and Ciraulo MINUTES of the May 4, 1993 adjourned and regular meetings MOTION: Read all ordinances and resolutions by title only and waive reading in full. PRESENTATION of the Arcadia Beautiful Awards BRIEF RECESS . 7:30 P.M. PRESENTATION to Arcadia High School's Constitution Competition Team PRESENTATION by Arcadia Festival of Bands (Joe Cork and Mike Allison) PROCLAMATION for Armed Forces Day /Memorial Day 1. PUBLIC BEARING Consideration of the adoption of a Resolution declaring a public nuisance and order to abate for property located at,19 and 19 1/2 Lucille (Ana Marie Briseno, property owner). ACTION All Present Aporoved AGENDA 5/18/93 ACTION Public Hearing Continued, RESOLUTION N0. 5727 - Declaring a public nuisance and ordering the rehabilitation of real property located at 19 and 19 1/2 Lucille, Arcadia; California, and authorizing the Director of Finance to collect the 'cost for abatement, if abatement at City is re fired per y � , Sections 9406.5,'9406.6 and /or 9406.9 of the Arcadia,Municipal Code.. Adopted 5 -0 2.' 'PUBLIC HEARING ' "_To implement funding for the administration of the Integrated Waste Management Plan (AB939).- ORDINANCE NO. 1989 - FOR;.INTRODUCTION - Amending Sections 5120.7 and 6434.2 of the Municipal Code . and adding Section 80,20.8 to establish fees for residential, commercial and industrial uses to fund the City's source reduction and recycling element of,the County Integrated Waste Management Plan, as required by State.Law and including refuse permit fees for 'Santa Anita Race Track. Introduced 5 -0 3. Time reserved for those in the audience who wish. Ray.Andrews to address the City Council (five - minute time Kurt Taylor limit ,per person). Molly,,Holmes Joyce Andrews 4.' RECESS CITY COUNCIL 5 ; 'MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. ROLL CALL: Agency Members Fasching, Harbicht, All Present Lojeski,_Margett and'Ciraulo b. MINUTES of the :May 4, 1993 meeting. Approved C., Request to consider Designer Resale Shop. in- Downtown Arcadia. (Livengood) Approved 5 -0 2,; - AGENDA 5/18/93 N ACTION` - d. Request to join the City of Alhambra in litigation against the State of ,California. Approved 5 -0 e.- ADJOURN to 5;30 p.m., May 25, 1993 6 RECONVENE CITY COUNCIL 7 " CONSENT ITEMS a. Revised designation of date to adopt Capital Public Program. Hearing 6/15 b. Recommendation to apply for 1993- 94,Title II2 grant funds. Approved 5 -0 C. Request from the Chamber of Commerce for approval of Holiday Country Faire. Approved 5 -0 d.' Consideration of Final Map 50727"for a ten unit residential condominium project at 1129. Fairview Avenue, filed by Yes Engineering and . Technology Corp. on behalf of Melissa Chen, a -. general partner in the ownership and development of the site. Approved 5 -0 e.' Consideration of executing 'a new three -year " cooperation agreement'to"continue participating` in the Los Angeles Urban-County-Community . Development Block Grant Program "from July 1, 1994 through. June 30, 1997. Approved 5 -0 f. Recommendation to approve National Pollutant Discharge Elimination System (NFDES) Permit Implementation Agreement. Approved 5 -0 g. Recommendation for approval of plans and - specifications - authorization to call for bids - 12 ".waterline replacement on Baldwin Avenue between.Palm Drive ,and Live Oak Avenue. Work Order 691 Approved 5-0 - 3 AGENDA 5/18/93 ACTION . h-. Recommendation to renew membership with the.-- American `Communities for Cleanup - Equity (ACCE)_', A r)roved '5 -0 i. Recommendation to accept, grant to the Arcadia. Library from the H.N, and`Frances C. .Berger. Foundation. Approved 5 -0 8.'= CITY MANAGER a. Recommendation,to award bid for Tire Station No..2. Approved 4 -1 b. Recommendati "on to contract with Pasadena Humane Society for Animal Control Services Approved 5 -0 CITY ATTORNEY., a. ORDINANCE,NO. 1988 - FOR ADOPTION - Amending .Section 2662 of the Arcadia Municipal Code to increase-the Uniform Transient Occupancy Tax. from 8% to 10 %., Adopted T -2 b. ORDINANCE NO. 1990'- FOR INTRODUCTION - Amending the Arcadia Municipal Code.by adding Section - 9249:2 to Division.l, Part l of Chapter 1, Article, IX' regarding the setting of Public Hearings. Introduced 5 -0 c. RESOLUTION NO. 5725 ­To accept in. principle the West San Gabriel Valley Air Quality Plan - subject to the individual requirements of the City: _. Adopted-5 -0 d. RESOLUTION•N0.•5726 - Declaring May 16 through May 22 1993 as National Public Works Week,.. Adopted 5 -0 10. MATTERS FROM STAFF 11 . MATTERS FROM ELECTED OFFICIALS 12. ADJOURN to 5:30 p.m., May 25, 1993 in memory of',Robert Strub - 4 - AGENDA.5 /18/93 Report regarding Business License for phone solicitations - Miller Presentation to Berger Foundation at'6 /1 Council Meeting -'Rowe Accepted resignation of Sister City Commissioner Tom Romano with regrets - 5 - AGENDA 5/18/93 0 May 18, 1993 TO: ARCADIA CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT !� JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORKS SUBJECT: RECOMMENDATION TO ADOPT A RESOLUTION DECLARING MAY 16 THROUGH MAY 22, 1993, AS NATIONAL PUBLIC WORKS WEEK RESOLUTION NO. 5726 The American Public Works Association has declared the week of May 16 through May 22, 1993, as National Public Works Week. The continued development and improvement of public works services and facilities requires the understanding of an informed citizenry and support of local government. In support of the facilities and services provided by the Public Works Department, it is staff's opinion that the City Council recognize and declare May 16 through May 22, 1993 as National Public Works Week. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution No. 5726, declaring May 16 through May 22, 1993 as National Public Works Week. APPROVED: lLa DONALD R. UC ORTH CITY MANAG R JRL:DAS:mlo Attachment LASER IM A G, E' 12 January 28, 1993 To: Mayor and Members of the City Council t 1 From: Alex D. McIntyre, Assistant to the City Manager Subject: Recommendation to Support the Enactment of Federal Legislation Concerning Illegal Immigrants The County of Los Angeles has requested its resident cities to join them in adopting resolutions supporting the enactment of federal legislation to control the flow and existence of illegal aliens. Background The Board of Supervisors of the County of Los Angeles developed a report entitled Impact of Undocumented Persons and Other Immigrants on Costs. Revenues and Se v1- In Ios Angeles County. The conclusion of the report indicated that the cost to the County for illegal aliens and their children is $1.4 billion annually. The fiscal impacts are most evident in County social services, law enforcement, education and health services. The report explains that Los Angeles County absorbs the cost of providing these services. The report recognizes the importance immigrants have played in building this nation. It further cautions however, that illegal immigrants mock the law and is an affront to all those who immigrate legally. Immigration Reform Resolution No. 5713 recommends a list of proposals, found in the report, which the federal government should enact including: - designing tamper -proof green cards that cannot be counterfeited or forged; - expediting the deportation of illegal alien criminals following the completion of their jail or prison terms; - immediately deporting illegal aliens when they are apprehended during illegal entry; - increasing the Border Patrol 1 n Resolution 5713 January 28, 1993 Page Two T2 establishing a Border Patrol Reserve component; - authorizing National Guard forces to assist the Immigration and Naturalization Service; - developing a work - permit process to allow the legal entry of workers who are needed on a temporary or seasonal basis; - providing full reimbursement by the federal government to local government for the public costs attributable to undocumented aliens; and - transferring illegal alien criminals from City /County facilities to federal detention facilities. The Board of Supervises has asked cities to forward any resolutions they adopt to the California Congressional delegation requesting Congressional support and action on these items. Recommendation It is recommended that the City Council adopt Resolution No. 5713 supporting the enactment of federal legislation which restrict, constrict and control the flow and existence of illegal aliens in the Country. It is further recommended that the City Council forward Resolution No. 5713 to the California Congressional delegation and the Los Angeles County Board of Supervisors. Attachment Approved: a jo'_�A Donald R. Duckwo th, City Manager si VisoWemotan`4um May 13, 1993 To: Mayor and Members of the City Council From: Alex D. McIntyre, Assistant to the City Manager Subject: Recommendation to Contract With the Pasadena Humane Society City staff has been studying the feasibility of transferring animal control services from the Los Angeles County Animal Care and Control (LACACC) to the Pasadena Humane Society & SPCA (PHS). Background The City of Arcadia has contracted animal control services with the County of Los Angeles since 1958. Briefly, in 1976 and 1977, the City contracted with the San Gabriel Valley Humane Society only to return to the County at the end of the contract. Currently, the County provides the City with kennel and shelter services; patrol services; licensing services; and veterinarian and hospitalization services for injured animals. In the past, residents have asked the City to explore the feasibility of using the PHS for animal control services. The PHS and the City had initiated discussions but, at that time, the proposal was cost prohibitive and lacking the complete services the County provided. The PHS is a private, non - profit organization established in 1903 to provide animal care and control services for the City of Pasadena. Since that time, the PHS has added the city's of San Marino, Sierra Madre and South Pasadena as its clients. The PHS has a philosophy somewhat different from other types of animal shelters. The PHS solely uses a humane approach towards the treatment, housing, nurturing and, as necessary, euthanization of animals. The PHS is in the process of completing a $4.3 million expansion and renovation to their facilities located in Pasadena. This expansion would provide the needed capacity to absorb the Arcadia contract. LASER INIAGED J� Pasadena Humane Society May 13, 1993 Page Two Analysis Benefits of PHS Over the past five years, net costs to the City for LACACC services have risen from $18,000 in 1988 to $49,000 in 1993. The increase is due in great part, to the charges by the County to operate the program outpacing the revenues received from impounds and licenses. The proposed cost for 1993 -94 animal control services from the County is anticipated at $50,000 while the PHS anticipates costs of $48,000. The PHS will match each of the services currently provided by the County above with a few exceptions. For example, instead of assigning one Animal Control Officer to the City to respond to all calls as is the current LACACC practice, the PHS will provide a variety of Officers ranging from Animal Control to California State Humane Officers to respond to calls depending upon the nature of the call and the expertise required. Also, the PHS will not canvass the City for license renewals; instead, they will rely upon the mail. Additionally, the City would benefit from enhanced services including: Greater accessibility and a more conveniently located shelter Currently, the City uses the Baldwin Park facility which is difficult to locate and not easily accessible. The PHS facility is closer to the majority of Arcadians and more easily accessible. The PHS facility is also open nine hours per week longer than Baldwin Park. Careful screening of all applicants for animal adoption As a part of the humane philosophy of the PHS, before any animal is adopted from the PHS, volunteer staff screens interested applicants for adoption to assure of environmental suitability for the animal's welfare. Community volunteer Program The PHS has a paid staff of 25 with a volunteer compliment of 150 active volunteers. The volunteers perform a variety of functions ranging from feeding of the animals to adoption counseling. The PHS can provide such a competitive array services in great part due to the Community Volunteer Program. LASER D 59 err+' Ifto Pasadena Humane Society May 13, 1993 Page Three Humane Education Program The PHS provides the staff and curriculum for a humane education program. Staff would encourage the development of a relationship between the PHS and the schools in the community. The PHS would either visit the school site with animals or host classrooms of children at their new facility. The PHS is also developing a speakers bureau where the PHS would visit community groups. Wildlife Rehabilitation Program The PHS is committed to the rehabilitation of wildlife. When undomesticated animals are found in neighborhoods, when possible, the PHS will provide a means to return the animals to the wild. Otherwise, animals will be indefinitely detained. Given Arcadia's proximity to the wilderness, residents stand to benefit from such a program. Pet sterilization program Animal overpopulation is a serious problem. Nationally, millions of dogs and cats are needlessly euthanized each year. One of the PHS commitments is the proactive reduction of animal population through sterilization. When animals are adopted from the shelter, quality sterilization services are a part of the adoption fee and will soon be performed in the new facility. Immediate response to City health and safety needs The PHS will work hand -in -hand with our City employees. Whether a simple request for service or a response to a police or fire incident, the PHS staff will respond accordingly 24 hours per day, 7 days per week. The City finds that there are additional opportunities to contracting with the PHS. As City net costs continue to escalate for animal control services, the City has been stymied as to identifying means to reduce the cost. The County establishes the charges and fees for animal control services. The program's greatest revenue source for animal control services is through licensing. Each year, the County sells approximately 5,500 dog licenses on behalf of the City totaling $65,000. As indicated earlier, costs for services continue to outpace revenues received. However, through the PHS, the City will better be able to develop a more cost effective fee structure. In an effort to encourage licensing, develop programs for humane awareness, and to promote the services of the PHS, staff is studying a mutual fundraising strategy for the schools and the City. In concept, as a community service activity, a high school group (band, sports LASER IMASED1 6 �j fir+ NWA1 f Pasadena Humane Society May 13, 1993 Page Four team, or club) would canvass the city to encourage licensing of animals. In turn, the group would receive a portion of the fees raised, the City would increase licenses sold and the residents would learn about the services and opportunities of the PHS. Such a program would also strengthen the relationship between the City, the PHS and the School District. Another opportunity that staff would explore would be the enhanced utilization of Wilderness Park. As a PHS service, the PHS would like to site a wildlife rehabilitation program where animals would be able to mend or develop prior to be released to the wild. Using Wilderness Park for such an operation could benefit the City. A review of the other PHS client cities has revealed that overall, the services of PHS are above average. Benefits of LACACC The greatest benefit for remaining with the LACACC is the value of the County staff assigned to the City and their relationship with the City staff. Currently, the Police Department has a radio in the vehicle used by the animal control officer assigned to the City. Police personnel in the f ield are able to directly communicate with the animal control officer which assures an immediate and direct response. City and county management staffs have also developed a valuable working relationship. With both examples above, such relationships with PHS staff would likely take time to develop. Discussion and conclusion Although in the past, when staff concluded that the PHS was cost prohibitive and the PHS could not comfortably accommodate our needs, the time has come now when both factors have changed. The cost is now less than the County estimate for 1993 -94, and a new expanded facility will more than adequately serve the needs of the community. The County estimates its billings based upon utilization. The City is billed each time the animal control officer responds to either City or resident requests for services. As the requests increase, so too, does the billing. The PHS has offered the City a fixed billing of $48,000 for 1993 -94, regardless of use. Staff believes that the County charges would be greater than $48,000 in 1993 -94. From the PHS perspective, the Arcadia contract for services is a natural. Because we are adjacent to the cities of Pasadena and Sierra Madre, there is little additional miles or time required to respond to the City or resident requests for service. The PHS larger facility will also provide ample space for the City needs. LASER IMAGED si 0 Pasadena Humane Society May 13, 1993 Page Five M The City would also benefit from an enhanced level of service with an organization committed to the philosophy of humane treatment for animals. Recommendation It is recommended that the City Council approve an agreement for services with the Pasadena Humane Society for animal care and control services in an amount not to exceed $48,000. This program shall be for a one -year, pilot program. It is further recommended that the City Council approve a contract for services with the Pasadena Humane Society subject to the approval of the City Attorney. i Approved: U.0 a - ka rk. Donald R. ckwort , City Manager LASER INIIIIAGED 62 l 3 ` CITY Of ARCAD IA Dot Marsan 90i No. Santa Anita Ave. MAY 1 7 1993 Arcadia, CA 91006 ' n li �a'ncc' CITY MANAGER 9 Ja/rn V-1,1, 0,7�& G-V�� " P-t CUYLO- srce-� f k�� �� aJ4 d S "hive us this day—" 1101, 911,41 ' wa f-V ti.9 . r� / r , r /� I LASEft IMAGEU � SU W - n MAY 18, 1993 TO: CITY COUNCIL n FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING SUBJECT: RESOLUTION NO. 5725 ACCEPTING IN PRINCIPLE THE WEST SAN GABRIEL VALLEY AIR QUALITY PLAN SG-f//9,�/' BACKGROUND The development of an air quality plan for the West San Gabriel Valley began back in September 1991 when a working group was formed by planning staff members representating 16 West San Gabriel Valley cities (members of the West San Gabriel Valley Planning Council). The South Coast Air Quality Management Districts ( SCAQMD), requirements for local air quality elements and /or other mitigation programs provided the impetus for the cities to come together. It was felt that a collective approach would provide for the establishment of a common base of knowledge, identify potential areas for further inter jurisdictional cooperation, and provide an economy of scale. Memos of Understanding were entered into creating the West San Gabriel Valley Air Quality Consortium, with Arcadia has served as the lead agency for this project. The Consortium's initial task was to apply for funds which were being made available under the provisions of AB 2766. Despite severe time constraints an application was submitted and subsequently approved for $125,000. These funds were to be used for the development of the plan. SCAQMD contracted with Arcadia for the preparation of the plan. Arcadia in turn subcontracted with a consulting firm for the plan's preparation. In December 1991, Requests for Proposals were sent out to consulting firms for the preparation of the plan. In February 1992, the consortium heard presentations from the top three firms, and subsequently selected Gruen Associates to work with the Consortium in the development of the plan. As part of the planning process there have been eight Technical Advisory Committee meetings (staff representatives form the member cities), five Steering Committee meetings (elected representatives from each of the cities), and five workshops for the general public (with written notification going out to over 800 community groups, interested citizens, elected officials, appointed officials and the press). Councilmember Harbicht was our City's representative on the Steering Committee. 5/18/93 LASER IMP -tu 67 n E5 In May 1992, an "Issues & Opportunities" report was published and in September 1992, the first draft of the "plan" was circulated. There has been several revisions leading up to the this final document. The SCAQMD was involved in the early stages during the funding application process, and was present at Technical Advisory Committee meetings in June 1992, and in February and March 1993. The Consortium cities represent a broad range of social, political and economic conditions, and accordingly, this plan presents a broad range of air quality planning programs. Not all of the programs contained in the plan are appropriate for adoption by each of the cities. Each city is expected to use this document as a data base as they consider and adopt specific air quality programs appropriate to their jurisdiction. Each city's adopted air quality measures are expected to lead toward compliance with Federal, State and regional air quality regulations and restoring clean air to Southern California. At the Steering Committee meeting of April 29, 1993, the elected city officials and staff authorized to represent officials who could not be present, voted unamiously to approve the plan. It was recommended that each city adopt the attached resolution which accepts "in principle the areawide Air Quaility Plan" and acknowledges that we will use this Plan as a policy and technical background for developing our City's air quality program. (The final Plan has been included as a separate item accompanying your agenda materials.) RECOMMENDATION It is recommended that the Council adopt Resolution No. 5725. If adopted, a copy of the resouution be forwarded, as information, to the other Consortium members as well as the South Coast Air Quality Management District. APPROVED BY: 01M Donald k. Duckw rth City Manager N 5/18/93 LASER IMAGED MIS cc- '- CITY OF ARCA.Di MEMORANDUM TO: Mayor and Members of the City Council TO FROM: Tamara S. Gates, Administrative Aid&J L PA A? 131993 DATE: May 18, 1993 COUNCIL SUBJECT: PILOT MULTI-FAMILY RECYCLING PROGRAM According to the City's Source Reduction and Recycling Element(SRRE), the residential sector in Arcadia disposes of 23,825 tons of refuse per year, or 35% of the disposal based refuse stream. Therefore, developing successful residential diversion programs, specifically a multi- family recycling program, is critical in meeting the City's diversion goals of 25% by 1995 and 50% by the year 2000. • June 2, 1993, will begin a two month pilot multi-family recycling program. This program is being done in cooperation with NEWCO Waste Systems, Inc. and the City of Arcadia. NEWCO has agreed to pay for the cost of the pilot program; therefore, 'there will be no cost to the residents or to the City during this two month period. This pilot program will be conducted in eight multi-family complexes throughout the City to test the feasibility of the program prior to the implementation of a city-wide program. If the pilot program is successful, staff will bring a recommendation to the City Council in August to implement a city-wide program. Beginning Saturday, May 15, 1993, representatives from City staff and NEWCO will make presentations to the tenants in the eight complexes participating in the program to explain the need to recycle and how the program works. Attached is a tentative list of the addresses of each complex participating in the pilot program. In addition, there are several other recycling programs that will be brought before the Council for consideration in the next several months such as a backyard composting program and a commercial/industrial recycling program. If you have any questions, please contact me at 574-5400, extension, 262. Attachement TENTATIVE MULTI-FAMILY RECYCLING PILOT PROGRAM LOCATIONS 2 to 6 Units: Property Owner: Betty Lay (5 units) 1028 Fairview Apt. E (818) 447-4922 (Contact: Kelly Barker) 7 and Over: Property Owner: Mr. Seopian (8 units) 814 Fairview (818) 821-0777 (Contact: Robin Hutchens) Property Owner: Mr. William Lightcap (10 units) 34 Fano (818) 446-5837 Property Manager: Mrs. Karen Towner (11 Units) 330 Eldorado (818) 574-3798 Property Manager: Ms. Harlene Hamann (16 Units) 1214 Temple City Blvd. #3 (445-4110) Property Owner: Mary Wallace Harris (Carosel Apts.) (24 units) 939 Arcadia Ave., Apt.A (818) 446-9753 (Contact: Todd Fisk) Property Owner: Baldwin Real Estate Management, Susan Willer (42 units) 848 W. Huntington Drive. Unit #27 (818) 574-1754, ext. 206 Large Complex Property Owner: Baldwin Real Estate Management, (46 Units) 445 W. Duarte Rd. (818) 574-1754 ext. 208 (Contact: Matthew Bryant or Caroline Garton) r G 7/0 �l�0 5.C're C` ' CITY OF ARCADIA MEMORANDUM TO: Mayor and Members of the City Council FROM: Alex D. McIntyre, Assistant to the City Mager �1•U Tamara S. Gates, Administrative Aide , DATE: May 18, 1993 SUBJECT: ORDINANCE NO. 1989 - IMPLEMENTING FUNDING FOR THE ADMINISTRATION OF THE INTEGRATED TASTE MANAGEMENT PLAN (AB 939) Over a series of City Council pre-meetings, staff presented to Council information concerning the California Integrated Waste Management Act (AB 939) and its effect upon the City of Arcadia in terms of cost and operational impact. As a result, the City Council asked staff to develop a fee structure to fund the administration of AB 939. Ordinance No. 1989 establishes that fee structure. Background In 1989, the State legislature enacted AB 939, also known as the California Integrated Waste Management Act. Of greatest significance, the Act requires cities and counties to develop plans to address each respective agencies's goals and objectives in attaining the mandated waste reduction goals of 2596 by January, 1995, and 50% by January, 2000 . Further, the Act requires the development of Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE) . The purpose of the SRRE is to identify- plans for source reduction, recycling and diversion alternatives in order to reduce the amount of waste being disposed through transformation or land disposal. The SRRE also outlines administrative funding alternatives for implementation. The Act is an unfunded mandate with significant penalties for non- compliance, and could result in fines of $10, 000 a day.- Further, the Integrated Waste Management Board could also disallow the export of refuse from the city boundaries until compliance is met. In June, 1990, the City Council approved joining a coalition of west San Gabriel Valley Cities, called the San Gabriel Valley Solid Waste Management Joint Powers Authority (SGVSW-JPA) . The JPA was formed to achieve economies of scale in developing the SRRE's and HHWE's and establishing and implementing the required source reduction programs. On May 19, 1992 the City Council adopted the City' s Source Reduction and Recycling Element as well as the Household Hazardous Waste Element. - LASF? ¢ . f C)22 LLLLLI1cZnce JNO. lyt3y ,Page 2 • . Proposed Budget The total proposed administrative budget is $201, 174 . One of the key elements of this budget is the addition of an Administrative Aide position, which would coordinate the City's environmental work, with primary emphasis on AB 939. Eventually, this position could assume additional environmental duties. Another integral part of this budget is $60, 000 for consulting services which represents the City of Arcadia's estimated portion of professional services retained through the JPA. It is proposed that the general fund be reimbursed for costs already incurred including $68, 000 for consulting services for the preparation of the SRRE, and $33, 000 for staff time over the past three years. The reimbursement to the General Fund would be paid back over a three year period. Arcadia'a Refuse Stream Refuse Generation Refuse Disposal 93,042 tons/year 68,072 tons/year •._. Residential Refute(34.8%) /% ••••• Residential Refuse(26%) 23,712 tom // �i /:•. -4,313 tons CommerciaUlndustrial(74%) _:"::::• ::•.: Cammerelainndustt ial(65.2%) 65,727 toga • 44,360 tom (Santa Anita Rare Track ! (Santa Alta Rave Tact accounts for 34,352 tons) amounts for 13,614 toga) According to Arcadia's SRRE, in 1990, the City generated 93, 042 tons of refuse. The City generated 24,315 tons of residential refuse (350) and 68, 727 tons of commercial/industrial refuse (6596) of which Santa Anita Race Track accounts for 34,382 tons. Currently, as reflected in the SRRE, the City diverts 26.80 of its refuse generated from its waste stream. According to the SRRE, in 1990, the City disposed of 68, 072 tons of refuse. The City disposed of 23, 712 tons of residential refuse (34.80) and 44,360 tons of commercial/industrial refuse (65.296) of which Santa Anita Race Track accounts for 13, 614 tons. In its original form, AB 939 stated that the waste reduction goals be calculated using generated based figures. In 1992, the State legislature enacted a solid waste bill AB 2494, which requires the use of disposal-based methodology of measurement for the purposes of determining required diversion rates. gem will we realize the goal? By 1995, in order to meet the requirements of the law, several tasks have to be accomplished. These tasks are outlined in the SRRE and many of these tasks will be accomplished in conjunction 2 LASER IMAGED Ordinance No. 1989 page 3 with the JPA including, but not limited to, the implementation of a multi-family recycling program, backyard composting program, source reduction programs for the school district, commercial/industrial recycling program, and special waste collection programs. Philosophical Perspective The underlying philosophy behind the City' s development of its SRRE funding program is based upon the theory of "whoever generates it, pays for it. " Therefore, the City will hold the four refuse generator types (commercial, residential, Santa Anita Race Track, and construction and demolition) accountable for their share of the burden that they contribute to the City's refuse stream. Recommended Fee Structures - Ordinance No. 1989 There are four distinct refuse generator types in the City based upon our waste characterization study. Each type has been identified to generate a portion of the City' s total refuse stream. Based upon a budget of $201, 175, each will be accountable as follows: 0 of Waste Funding Generator Type Stream Equivalent Const. & Demo Refuse Fees 50 $10,059 Santa Anita Race Track Refuse Fees 200 $40,235 Residential Refuse Fees 350 $70,411 Commercial Refuse Fees 400 $80,470 TOTAL 100 0 $201,175 The recommended fee structure for the revenue generators is outlined below. Total Estimated Fee Revenue Construction & Demolition $6 .25/bldg. permit and $1. 00/misc. permit 10,311 Santa Anita Race Track $40,235 $40,235 Residential Refuse Fees $0 .30/unit/month or $3 .62/unit/year $70,411 Commercial Refuse Fees Commercial Refuse Permit Fee - 9.596 gross receipts $83,662 TOTAL $204,619 3 23 LPSE \t ti p,G D Ordinance No. 1989 Page 4 , Ordinance No. 1989, summarized in the attached memo by the City Attorney, establishes the aforementioned fees and includes language to authorize future fee amendments by resolution of the City Council. In addition, there is a provision in the ordinance that will allow the City to inspect the accounts of the commercial haulers with regards to the permit fee based on gross receipts. Samna As a State mandate, all cities are required to comply with the Integrated Waste Management Act. Unfortunately, the State is unable to provide either the guidance or the funding in order for cities to implement the legislation. Also, the law continues to evolve modifying many of the original tenets of the legislation. Staff has developed a program to help the City realize out AB 939 goals. Ordinance No. 1989 provides the fee structure that will allow the City to implement programs that will help the City to meet the State mandate. Recarmiendation The City- Council should open the Public Hearing, receive testimony, and then move to introduce Ordinance Number 1989. Approved: ik\ Donald R. Duc .rth, City Manager Attachments 4 LASER IMAGED 24 1 • Memorandum 'mac\AT£/off Date: April 28 , 1993 TO: City Manager t/'777 FROM: City Attorney 11.1 SUBJECT: ordinance to implement funding for implementation of the Integrated Waste Management Plan (funding for AB 939) As a result of the decisionmaking process initiated by Mr. Alex -McIntyre and Tamara Gates and pursuant to Council direction, this office has prepared the attached ordinance to implement funding as authorized by State law and local permit requirements. In sum , subject ordinance establishes the following: 1. An additional charge of thirty cents per month per residential unit. 2. A commercial refuse fee of 9. 5% of the gross receipts from the City's five commercial refuse haulers. This is set forth as a permit fee. 3 . An additional $6. 25 fee to be added to building permit fees plus $1. 00 additional to all other building code fees such as demolition, electrical, and plumbing permits. 4. A permit fee to Santa Anita in the amount of $40,235 per year to cover their special permit for refuse collection which bacause of their unique uses and demands requires exemption from the five permittee limitation applicable to commercial collection in the City of Arcadia. 5. The ordinance includes language to authorize future fee amendments by resolution of the City Council. 6. Provision is made for the inspection of the books and accounts of the commercial haulers with reference to the gross receipts fee. I understand that your staff will be setting subject ordinance for a public hearing and introduction. I recommend that this memorandum be included in the Agenda package in view of the ordinance summary set forth above. Thank you. - cc. Alex McIntyre -1'aa[a'ra;Grates LASER IMAGED 25 " 7 w4 �\ einotahjunt •, l+ : ?" •1 May 13 , 1993 To: Mayor and Members of the City Council From: Alex D. McIntyre, Assistant to the City Manager )),■ Subject: Renewal of Membership to American Communities for Cleanup Equity The City has received a request to renew our membership with the American Communities for Cleanup Equity (ACCE) (Attached) . Background The City of Arcadia was one of the founders of the ACCE along with several other Southern California cities. To date, membership totals over 100 communities nationwide. The purpose of the organization is to encourage Federal legislation to reduce the communities' exposure to the burdens of Superfund litigation. Often, industrial polluters of superfund sites will attempt to subrogate their losses by countersuing public agencies who may have contributed to the pollution of the site. Such industrial entities argue the deep pockets philosophy despite the fact that public agencies are rarely liable for any pollution. The ACCE has been successful in introducing valuable legislation. There are still future battles to wage on behalf of communities. The renewal amount is $2, 000. The membership is not budgeted but there are sufficient reserve funds available. Recommendation It is recommended that the City Council approve the City's renewal with the American Communities for Cleanup Equity for $2, 000. It is further recommended . that the City Council authorize future renewals -with increases not exceeding 10% be approved by the City Manager subject to review by the City Attorney. Attachment Z1111 a Approved: Donald R. Duckwor h, City Manager LASER AGED (1 54 M�� /Ase& ,, :• AMERICAN COMMUNITIES FOR CLEANUP EQUITY 1 1350 NEW YORK AVENUE, N.W., SUITE 1100 WASHINGTON, D.C. 20005-4798 TELEPHONE (202) 393-3734 illl IIIUIIIi i TELECOPIERS (202) 393-2866 (202) 393-2867 MEMORANDUM CITY OF ARCADIA TO: Mr. Don R. Duckworth, City of Arcadia APR 1 3 1993 FROM: American Communities for Cleanup Equity (ACCE) CITY MANAGER DATE: April 8, 1993 RE: Annual Membership Dues More than two years have passed since the founding of American Communities for Cleanup Equity (ACCE), and your local government has been an important part of our effort to reform Superfund regarding liability for ordinary municipal waste (including both garbage and sewage sludge). In our first two years, we have made tremendous progress: growing to a coalition of more than 100 communities, achieving the introduction of good legislation in both houses of Congress, and winning Senate passage of our legislative proposal. Most recently, the Toxic Cleanup Equity and Acceleration Act of 1993 (H.R. 870 and S. 343)was reintroduced in the House and Senate. Despite our achievements,we have a difficult struggle ahead. Our opposition has mobilized, and the intensity of its efforts has increased dramatically now that the Superfund reauthorization process is beginning. We need to keep up the pressure to ensure that our issue remains a top priority for the reauthorization debate, and we must gain many more cosponsors for our legislation in order to have it enacted. Both of these tasks require many more local governments to join ACCE and work actively for reform. We have already seen tangible evidence of what local governments can do if they join together and work effectively in lobbying Congress. As important as your support was when you first joined ACCE,your continued support is now even more critical. If we show any signs of faltering, such as losing coalition members or becoming less vocal, our opposition will seize the opportunity. We could be defeated on Capitol Hill or before EPA, and the threat of unfair, expensive lawsuits will only grow larger. Please renew your support for ACCE by sending us your dues for the coming year, by actively encouraging other local governments to join our coalition, and by gaining the support of your national representatives. Thank you. We look forward to continuing our work together and to our ultimate success. LASER IMAGED 55 5 • zv -.s-e) /q-/9 z•it/4; 4_ May 18, 1993 TO: ARCADIA CITY COUNCIL FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: NUISANCE ABATEMENT AND ORDER TO REPAIR, REHABILITATE AND/OR DEMOLISH BUILDINGS AT 19-191/2 LUCILE STREET This hearing has been scheduled pursuant to Section 1101(b) of the 1991 Uniform Housing Code and Section 9407 of the Arcadia Municipal Code to allow the City Council to determine whether a public nuisance exists and what action is necessary to abate the nuisance on property located at 19-19 1/2 Lucile Street. As per the above Section, a Notice and Order of the Building Official to abate, repair, rehabilitate and/or demolish buildings and 19 and 19 1/2 Lucile Street was mailed and hand delivered on April 29, 1993 to Ana Briseno, property owner (see attached notice). The site is developed with two legal dwelling units; one unit is located in the front, the second unit is in the back. A garage is attached to the rear unit. This garage has been illegally converted to a third dwelling unit. BACKGROUND The property first came to the City's attention in July of 1992 when we received a complaint that the garage was being converted to a living unit. Staff inspected the property and noted several other violations in addition to the garage conversion. A letter was sent to the property owner, Ana Briseno, advising that among other things, the addition was illegal and the garage must be converted back to its original condition. 0 Based upon notes in the file it appears this problem appeared to be resolved in August, 1992. CURRENT VIOLATIONS On April 15, 1993 a complaint was called in to the Code Enforcement office regarding the conditions of the property. The complainant called regarding a garage conversion and miscellaneous plumbing and electrical violations. On April 16, Don 19 Lucile Street May 18, 1993 Page 1 LASER ! AG D, 5 Stockham, Building Inspector, Cindy Moore, Code Enforcement Officer, Roy Streeter, Acting Chief Building Official and I went to the subject site. Based upon a preliminary site inspection numerous violations were noted including the conversion of the garage to a rental unit, illegal electrical installations which created life-threatening safety hazards including unvented and illegally installed water heaters. On April 19 letters were delivered to Ana Briseno, property owner, and the occupants of 19 and 19 1/2 Lucile, advising them that because the above violations (specifically the electrical and water heaters) were life threatening to the occupants, the City of Arcadia was authorizing a "Stop Service" with both the Southern California Edison Company and the Southern California Gas Company. This order was effective immediately. Both the gas and electricity have been turned off. The following is a summary of the violations on each structure. The specific code violations are attached to the Notice. 19 Lucile - front dwelling Based upon the assessor's records this house appears to have been constructed in 1937. The major violations on this unit relate to electrical. A new main electrical panel was installed illegally and without permits. The panel was installed without any grounding system and the existing service was temporarily wired. The panel also serves the illegal garage conversion and the rear dwelling unit. There is exposed romex wiring in the kitchen area, laundry room and the front porch. There are open wiring connections in the attic. Smoke detectors are required in and adjacent to the bedrooms; security bars over the bedroom windows must be removed and there is a lack of required ventilation in the front bedroom. All of the above violations are correctible. 19 1/2 Lucile - rear dwelling This structure is very old, the assessor's records show the structure date as "06'1(?). According to the property owner her grandfather moved the house(s) to the site from Downey "in the late 1800's". The overall unit is generally in a dilapidated condition. Exterior wood is broken and there appears to be an excessive amount of termite and dry rot. There are numerous electrical and plumbing problems. Based upon the Uniform Housing Code, the room and space dimensions are less than required by code. In addition, the premises are hazardous and unsanitary as a result of the accumulation of junk and debris. 19 Lucile Street May 18, 1993 Page 2 LASER IMAGED f, 6 There is a second floor above the unit. There currently is no access to this area from either inside the dwelling or from the outside. An outside stairway was being installed without permits. The inspection revealed some minimal plumbing work being done (no permits on file). It appears that at some time in the past there was an exterior staircase leading to this area. Because of the condition of this unit and the numerous code deficiencies, the Planning and Building Divisions recommend that the structure be demolished. Garage The garage is physically attached to the rear unit and has been illegally converted into a dwelling unit. The doors on the garage are for appearance sake only; when opened there is a wall with a front door. The garage has been dry-walled and divided into two rooms including a kitchen area and a bathroom. A bed is located in one of the rooms. Aluminum framed windows have been installed along the westerly and northerly walls. In addition to the fact that the garage has been illegally converted, the overall' building does not comply with minimum standards set forth in the California Energy Commission Title 24 regulations and the 1992 Uniform Housing Code. The exterior walls are split and rotted, plumbing has been installed illegally and electrical wiring is in violation of the code. Because of the condition of the garage, the fact that it is attached to the rear unit and the numerous code deficiencies, the Planning and Building Divisions recommend that the structure be demolished. FIRE DEPARTMENT On April 19 the Fire Department inspected the premises. The following is a summary of the Fire Department's violations: • Rubbish within and adjacent to the structure. There is a high volume of combustible material including trash adjacent to the habital rear buildings. • Unsafe heating or electrical equipment. The hot water heater is not properly vented, and is exposed to combustible material at the rear of the building. The electrical main service is not grounded. There are many violations relating to exposed wiring and fixtures. • Combustible material is stored without 2'-0" of clearance as required. • Material is stored below the stairs. 19 Lucile Street May 18, 1993 LASER IMAGED Page3 7 • There are no smoke detectors in the sleeping areas. The Fire Department also recommended that electrical service be removed from occupancy due to "gross misuse of temporary and illegally installed electrical fixtures. COURT ACTION - CITY ATTORNEY On April 29, 1993 the City Attorney filed a Misdemeanor Criminal Complaint in the Santa Anita Municipal Court against Ms. Briseno. On May 11, the Court considered the complaint. Ms. Briseno was fined and put on three years probation. She was further ordered to obey all orders by the City and the Court. This includes no tenants in the illegal unit and complete rehabilitation of the buildings or their, demolition to the satisfaction of the City no later than August 25. The City Attorney advises that any action of Ms. Briseno inconsistent with the Court's directive will result in immediate probation violation proceedings which could subject her to a $1,000 per day fine and jail. FINDINGS AND ACTION 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 Property Maintenance Ordinance states: "The provisions prescribed...will enhance the appearance and value of such properties rather than be a burden on the owners thereof." "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." Attached for the City Council's review are the Notice of Public Nuisance and Order to Abate including the code violations and a copy of the Fire Department's report. Photographs of the subject property will be distributed at the Council's meeting. ACTION The City Council should open the hearing to receive public testimony. Based upon information submitted and the public input the Council may: 19 Lucile;Street May 18, 1993 LASER IMAGED Page4 8 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 5727 declaring the property a public nuisance and substandard pursuant to the 1991 Housing Code, and ordering the rehabilitation or demolition of the dwelling at 19 Lucile and demolition of the garage and rear dwelling unit (19 1/2 Lucile) and further authorizing corrective work by the City and placement of a lien against the property if the violations are not corrected (abated) by the responsible parties within sixty (60) days of the Council's action. APPR•VED• Donald Duckworth City Manager . j 19 Lucile Street May 18, 1993 Page 5 SES LA �a� ► E , D s D `SD /9 /- 97 May 18, 1993 TO: ARCADIA CITY COUNCIL FROM: ARCADIA PLANNING DEPARTMENT DONNA BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THREE YEAR COOPERATION AGREEMENT JULY 1, 1994 THROUGH JUNE 30, 1997 On April 29, the City received a letter from the Community Development Commission (CDC) regarding the City's interest in continuing to participate i the Los Angeles Urban County Community Development Block .Grant Program. e City currently has a three year cooperation agreement with the County which expires June 30, 1994. A new agreement must be executed to continue partici ation with the County from 1994 through 1997. The Community Development Commission is requesting responses from the 49 participating cities no later than May 21, 1993. Cities with populations of less than 50,000 people participate in the HUD pro am and receive Community Development Block Grant (CDBG) funds through th County of Los Angeles Community Development Commission (CDC).. The City has been participating in this program since 1976. During the past 17 years, the City has funded the following projects with CDBG money: • Land acquisition for the 100 unit Naomi Gardens Senior Citizen Housing roject. • Home security program which included the installation of dead bolt locks and smoke detectors for low/moderate income residents within the City. • Business revitalization program which included the preparation of a Downtown Revitalization Study and commercial rehabilitation program. • Undergrounding of utilities in the alley on the south side of Huntington rive between Santa Anita Avenue and Second Avenue. This included the undergrounding of the utility lines and hook-up to the existing buildings and the installation of new alley lighting. May 18, 1993 Page 1 LASER IMAGED c • Public Works program for the Downtown area which included the install Lion of decorative intersection paving, planting of new street trees and installation of new street furniture, including benches and trash receptacles. • Several public works lighting programs which involve the removal of exi ting light standards and replacement with energy efficient lamps. • Improvements to Parking Districts 1 and 2 including the repaving and rest iping of the existing parking lots and construction of new planters. • Payment for architectural services for the Community Center. • • Improvements to the railroad overpass. • Reconstruction of the alley along the south side of Huntington Drive betty n First and Second Avenues. • Six separate housing rehabilitation programs (including one proposed for he 1993-94 fiscal year) which have assisted approximately 100 low and moderate income homeowners by providing grants ranging from $7,500 to $10,000. The 1993-94 program will assist an additional 21 homeowners. RECOMMENDATION AND ACTION • The Planning Department recommends that the City continue its with the County for the next three years (1994-1997). If the City elects to participate ith the County, the City may not drop out of the Urban County Program during t s three year period. If the City Council wishes to continue its participation in the Los Angeles Urb County Community Development Block Grant (CDBG) Program, the Council should: "Approve participation in the Urban County 1994-1997 Community Development Block Grant Program and authorize the Mayor to execut the three-year cooperation agreement between the City of Arcadia and the County of Los Angeles." APPROVED: 14---4-DonDuckw Li -Donald Manager May 18, 1993 Page 2 52 Aerrn) ,'�/ .a•. 4 e'no'iandum °1j/ ACOerou:so"'•• DATE: 5/18/93 TO: ARCADIA REDEVELOPMENT AGENCY FROM: 4. PETER P. KINNAHAN, ASSISTANT CITY MANAGER FOR ECONOMIC DEVELOPMENT SUBJECT: REQUEST TO JOIN ALHAMBRA IN LITIGATION AGAINST THE STATE OF CALIFORNIA Last year the State of California passed SB844 . This required . Redevelopment Agencies to pay to their respective County Auditor- Controller by May 10, 1993 approximately 160 of their 1990-91 annual tax increment . If the Agency could not or would not pay the required amount, and the City could not or would not pay the required amount on behalf of the Agency, the County Auditor- Controller was instructed to take the required amount from the City' s (not the Agency' s) property taxes and transfer it to the County Educational Revenue Augmentation Fund (ERAF) . These monies would then be forwarded to the Schools in that County, relieving the State of its requirement to fund the schools . The Agency recently forwarded $337, 204 . 89 under protest to the County for the ERAF. The Alhambra Redevelopment Agency and the City of Alhambra recently filed suit because of SB844 . Alhambra has requested that due to the Statewide significance of their lawsuit the issue be taken directly to the California Appeals Court (Second District; Los Angeles) . The Court of Appeals has declined to take the case, but Alhambra may appeal . Alhambra' s legal arguments are summarized on the attached League Bulletin dated April 23 , 1993 (Attachment 1) . The California Redevelopment Association (CRA) Board of Directors recently voted to support Alhambra' s lawsuit _ and actively encouraged all other redevelopment agencies to join in litigation that will be filed through the CRA (see CRA memo, Attachment 2) . The CRA recommends that Agencies send a letter to the Appeals Court recommending that the Appeals Court take jurisdiction. The CRA has further requested that each agency send to the CRA 1/12 of 1% ( . 0012) of the amount that the state mandated be transferred to the ERAF. This will assist CRA in financing this litigation. In Arcadia' s case this amount is $410 . 00 . LASER IMAGFD 3 Arcadia City Council May 18, 1993 Page 2 Recommendation 1) That the Agency authorize the Chairman to forward a letter prepared by the Agency Attorney to the California Appeals Court urging that it assume jurisdiction over the Alhambra case. 2) That the Agency forward $410 . 00 to the CRA for use by them in this litigation. 3) That the Agency authorize the Chairman, Executive Director, Agency Attorney and Agency Special Counsel to take whatever future actions that are reasonable and consistent with the Agency' s direction regarding the Alhambra lawsuit or related iti•ation. Appro ed Concur: Agency Att rney Attachment LASER IMAGED 36 1 The League of California 1 Is i 'INK. A LERT • • RE State Budget Crisis I ' April 23, 1993 Number Eight League Urges Court to Take Alhambra Suit Against State The city of Alhambra and its to be financed from State rev- League Actions redevelopment agency have filed enues; that using local property The case was evaluated by the a lawsuit challenging the State's taxes to fund schools results in , grab of property taxes last year to inequalities required by the 1976 League s Legal Advocacy Commit- balance the State's Budget. The Serrano v. Priest decision; that tee. The LAC recommended to League requested the court of the Constitution prohibits the the League's Board of Directors appeal to decide the case. This State from appropriating city Executive Committee that a letter past week, the court of appeal monies to schools; that allowing be sent urging the court of appeal declined to take the case. the State's use of city property to take the case. As Alhambra Alhambra is exploring its options, taxes violates the Constitution's explores its option, the League's including asking the court of provisions which created cities as full Board of Directors, at their appeal for reconsideration. distinct forms of government; and April 30-May 1 meeting, will that property taxes are local taxes Three Key Arguments evaluate the LAC's second recom- and the State's only role is to mendation concerning a friend-of- Alhambra and its redevelopment collect and distribute these the-court brief in which cities agency are making three basic revenues. would be urged to join. arguments in this case: Redevelopment Arguments • • The State does not have the In addition, the Alhambra Rede- Capital power to divert city property tax velopment Agency, is arguing the • revenues to fund the State's diversion of redevelopment Siege Plans obligation to schools; monies to schools violates the • Diverting redevelopment California Constitution which Progress monies to fund schools violates requires tax increment to be used Constitutional provisions regard- . to finance redevelopment projects. May 19 is the date for the ing how redevelopment funds They note that redevelopment is "Capital Siege" when city must be used; acid —• supposed to eliminate blight, not officials, county officials, • The State cannot preempt fund schools. special district representa- local authority to impose cigarett Cigarette Tax Argument tives, recipients of city/ taxes. county/special district services The final argument is that the will forcibly take their anger Property Tax Arguments State does not have the power to and frustration to Sacramento There are five major theories in preempt a charter city from to protest the taking of prop- support of the,argument that the imposing a cigarette tax. The city erty taxes to balance the State State cannot divert local property maintains the uniform taxation of Budget. tax revenues to meet its obliga- tobacco products is not a matter Full details will be included in of statewide concern and that the tions under Proposition 98, future editions of the "Red including the fact that schools are prohibition against local cigarette Ink Alert." taxes violates the police power. League of California Cities 916/444-54Z , LASER IMAGE .2 F. ALHAMBRA LITIGATION 1111 TO: CITY COUNCILS, BOARDS OF DIRECTORS, CITY MANAGERS AND EXECUTIVE DIRECTORS CALIFORNIA FROM: CRA BOARD OF DIRECTORS AND REDEVELOPMENT WILLIAM A. CARLSON, EXECUTIVE DIRECTOR ASSOCIATION SUBJECT: RECOMMENDATION REGARDING LITIGATION On Friday, April 16, 1993, the CRA Board of Directors received the 1400 K Street report and recommendation of the CRA Legal Committee regarding Suite 204 Sacramento,CA joining the Alhambra litigation contesting the State's redirection of city 95814 and redevelopment funds to school districts. Based upon a thorough Ph.(916)448-8760 p p g Fax(916)448-9397 discussion and consideration of the legal and political aspects of the litigation, the Board of Directors took the following actions and recommends that redevelopment agencies take action: 1. CRA will support the City of Alhambra/Alhambra Redevelopment Agency and actively encourage all redevelopment agencies to support the Alhambra action. Redevelopment agencies are encouraged to both join Alhambra in their litigation, and join in litigation that will be filed through CRA. 2. CRA encourages all redevelopment agencies to send a letter to the Appeals Court requesting that they take jurisdiction of the Alhambra case. Letters should be sent to: Presiding Justice Court of Appeal Second Appellate District, Division One 300 South Spring Street, Room 2228 Los Angeles, CA 90013 Refer to City of Alhambra v. Ikemoto, Case No. B 073771 - (State Budget Litigation) (Over) LASER 1 AGE 38 frir3 f,. ti 3. CRA has established a Legal Defense Fund to assist in the Alhambra case and to pay for the legal research and preparation for the filing of additional law suits in defense of redevelopment agencies statewide. CRA is seeking voluntary contributions to the Legal Defense Fund. Contributed funds will be used solely for this litigation. In order to raise a sufficient "war chest," we are suggesting that each agency contribute an amount equal 1/12 of 1% (.0012) of the amount that the state mandated that your agency transfer to the countywide school fund. Examples of contributions using the suggested formula: Amount taken by state: x .0012 = Contribution A. $ 2,500,000 $ 3,000 B. $ 900,000 $ 1,080 C. $ 250,000 $ 300 4. CRA believes that it is essential to strengthen the likelihood of winning litigation against the state's actions by filing additional lawsuits that focus primarily upon the loss of redevelopment funds. CRA is seeking agencies that are severely damaged by the state's action and are willing to file litigation against the state. Attached is a questionnaire that we are asking all agencies to complete and return to CRA in order to find those agencies which can be used to make the best possible case(s) against the state. 5. CRA recommends that every agency contact their county government and school districts and ask that they Join with cities and redevelopment agencies in legal action to overturn the state's action taking money from schools and local government to solve a state budget problem. Counties have been hit hard, along with cities and redevelopment agencies. Money taken from local government and given to schools has not given extra money to the.schools - it only benefits the state. The state must clean its own house and reduce its budget or increase its revenues. The responsibility for these hard choices should not be foisted upon local government. 6. Any payment by the redevelopment agency to the Educational Revenue Augmentation Fund should include a statement the payment is made under protest and that the agency reserves the right to litigate. POW 39 acy -5 //emoca,&Jum 110 ;mss •> . May 18, 1993 To: Arcadia Redevelopment Agency From: ' Joyce Friedmann, Economic Development Assistant Subject: Request to Consider Designer Resale Shop in Downtown Arcadia (Livengood) Arcadia resident, Mary Livengood is interested in establishing a designer resale shop in Downtown Arcadia as defined by the Central Redevelopment Project Area. Resolution No. ARA-172, the Agency's Use and Design Requirements and Guidelines prohibits thrift shops in the Downtown. Ms. Livengood assures Economic Development staff that her store is a boutique that sells designer clothes on a consignment basis and not a thrift shop (see letter from Ms. Livengood, attached) . Ms. Livengood's request has been reviewed and determined to be an appropriate and desirable use by Economic Development and Planning Department staff, and by Michael Freedman of Freedman, Tung and Bottomley. Staff recommends that the Arcadia Redevelopment Agency approve this use in Downtown Arcadia, contingent that the site selected by Ms. Livengood is located within the "Downtown Retail Core" as defined by the Downtown Revitalization Strategy currently being developed by Freedman, Tung and Bottomley. Recommendation That the Arcadia Redevelopment Agency approve a designer resale shop use in the "Downtown Retail Core" as defined by the Downtown Revitalization Strategy. Approved: Execut ve Director Attachment LASEf;;A.^=r� Ci 33 Mary Livengood 853 Hungate Lane *B Arcadia, CA 91007 T . (818) 447-7336 1• r '� '-�I • -.� J 1 O Ig9.3 • • • April 2.7, 1993 Peter P. Kinnahan City of Arcadia 240 West Huntington Drive Arcadia, Ca 91007 Dear Mr. Kinnahan: As requested by the City's Redevelopment Department, I have written an operations statement for my designer resale shop. I will have available for resale, previously owned up-scale designer clothes such as Armani, Chanel, Donna Karan, Anne Klein, Calvin Klein, Valentino, YSL, Escada, Dana Buchman, Liz Claiborne, Ellen Tracy, and more. The intention of the shop is two-fold. First, it will offer fine clothing greatly reduced from retail, and second, it will give owners of fine clothing a chance to get a return on their clothing investments. All clothing will be cleaned prior to display. Clothing will be displayed neatly, yet creatively, adding to the ambience and decor. The-general overall appearance of the shop will be clean, tidy, and organized. The exterior will be attractive neat and simple. I would like to use -a black awning with white lettering for a crisp and clean appearance, • Two large European flower pots would each contain a small well-manicured tree with color spots of flowers at the base. This will add charm and an inviting pleasantness- and appeal. Clearly, the designer resale shop I am proposing is not, and will bear no resemblance to, a thrift shop. • At present, .1 am planning to operate my business five days a week, Tuesday through Saturday, from 11:00 am to 5:00pm. I will be closed on major holidays. I am confident that my proposed designer resale shop will be an asset._ to the City of Arcadia as well as adding charm and beautification. Sincerely, 04.-g-r-g47-2"0 • Mary Li4vengood ML/pt • 34