HomeMy WebLinkAboutAugust 15, 1995A G E N D A
Arcadia City Council
and
Redevelopment Agency
Meeting
August 15, 1995
Regular Meeting: 7:00 p.m.
INVOCATION
i[•l.
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Chang, Kuhn, Ulrich, Young
and Lojeski
1. PRESENTATIONS
a. Presentation to Arthur J. Fry for volunteer service.
b. Presentation to Roberta White for outstanding achievement.
C. Presentation of plaque to outgoing Commissioner - James Hanrahan.
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS -
REPORTS /ANNOUNCEMENTS /STATEMENTS
3. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING
CLARIFICATION OF AGENDA ITEMS
MOTION: Read all Ordinances and Resolutions by title only and waive reading in full.
4. PUBLIC HEARINGS
a. Recommendation to adopt Resolution No. 5872 establishing fees
for Building and Fire Code Appeals, Appeals of Title 24 Handicap
Accessibility and fees for appeals on Orders to Abate.
Resolution No. 5872 - A Resolution of the City Council of
the City of Arcadia. California establishing fees for Building
and Fire Code Appeals and Property Maintenance Orders to
Abate appeals and amending Section 4 of Resolution No.
5814 relating to the appeal process to the Handicap
Accessibility Appeals Board.
-1- AGENDA 8115195
PUBLIC HEARINGS (continued)
b. Recommendation to adopt Resolution No. 5873 finding the City
of Arcadia in conformance with the Congestion Management
Program (CMP) and adopting the CMP local implementation report
in accordance with California Government Code Section 65089.
Resolution No. 5873 - A Resolution of the City Council of
the City of Arcadia finding the City of Arcadia in conformance
with the Congestion Management Program (CMP) and
adopting the CMP local implementation report in accordance
with California Government Code Section 65089.
C. Recommendation to approve Resolution No. 5874 making findings
pursuant to Health and Safety Code Sections 33445 and 33679 and
authorizing the use of Redevelopment funds for public improvements
comprising the Colorado Place Upper "Y" Landscaping Improvement
Project.
Resolution No. 5874 - A Resolution of the City Council of the
City of Arcadia, California, making findings pursuant to Health
and Safety Code Sections 33445 and 33679 and authorizing
the use of Redevelopment Agency funds for public improve-
ments comprising the Upper "Y" Landscaping Improvement
Project.
5. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS
THE CITY COUNCIL (NON- PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT
PER PERSON)
6. MATTERS FROM ELECTED OFFICIALS
City Council Reports / Announcements /Statements /Future Agenda Items
RECESS CITY COUNCIL
ACTION
7. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ACTION
ROLL CALL: Agency Members Chang, Kuhn, Ulrich, Young
and Lojeski
a. Minutes of the August 1, 1995 adjourned and regular meetings.
-2- AGENDA 8/15195
ARCADIA REDEVELOPMENT AGENCY ACTION
b. Recommendation to approve the Colorado Place Upper "Y" Landscape
Improvement Project and authorize reimbursement of City expenses
in an amount not to exceed $18,000.
ADJOURN REDEVELOPMENT AGENCY to September 5, 1995 @ 7:00 p.m.
RECONVENE CITY COUNCIL
8. CONSENT ITEMS
a. Minutes of August 1, 1995 adjourned and regular meetings.
b. Report and recommendation for City Council acceptance of Motor
Control Center Replacement at Longden Plant.
C. Report and recommendation for award of contract to Mutz Company in
the amount of $132,836 for the construction /renovation of Maintenance
Services Department Offices at the City Service Center.
d. Report and recommendation for award of contract to Pacific Bell and
Nortel Communications in the amount of $18,945.07 for the purchase
and installation of a telephone system at the Service Center.
e. Report and recommendation to accept a storm drain and pedestrian
access easement across Mendel Property (29 E. Huntington Drive).
f. Report and recommendation to enter into a contract with the Warner
Group in the amount of $64,680 to develop an Information Systems
Master Plan.
g. Report and recommendation to enter into a contract with the architectural
firm of Wolf /Lang /Christopher in the amount of $86,535 for refurbishment
of Fire Station No 3.
h. Report and recommendation to purchase fire suppression tools and
equipment for a new Fire Department ladder truck from Simon Ladder
Tower, Inc., in the amount of $33,952.61
i. Report and recommendation to adopt Resolution No. 5875 establishing
compensation and related benefits for APRA represented employees for
Fiscal Years 1995 -96 and 1996 -97.
ACTION
-3- AGENDA 8115195
CONSENT ITEMS (continued)
Resolution No. 5875 - A Resolution of the City Council of
the City of Arcadia, California establishing compensation and
related benefits for the positions of Police Sergeant, Police
Agent, and Police Officer for the Fiscal Years 1995 -96 and
1996 -97.
ADJOURN to September 5, 1995 at 7:00 p.m.
ACTION
-4- AGENDA 8115195
ANNOTATED AGENCA
�A G E NO A
Arcadia City Council
and
DORAT Redevelopment Agency
Meeting
August 15, 1995
Regular Meeting: 7:00 p.m.
INVOCATION
PLEDGE OF ALLEGIANCE Police Chief Ronnie Garner
ROLL CALL: Council Members Chang, Kuhn, Ulrich, Young
and Lojeski
1. PRESENTATIONS
a. Presentation to Arthur J. Fry for volunteer service.
b. Presentation to Roberta White for outstanding achievement.
C. Presentation of plaque to outgoing Commissioner - James Hanrahan.
Mayor Lojeski
excused
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS -
REPORTS /ANNOUNCEMENTS /STATEMENTS None
3. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING
CLARIFICATION OF AGENDA ITEMS None
MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. Adopted 4 -0
4. PUBLIC HEARINGS
a. Recommendation to adopt Resolution No. 5872 establishing fees
for Building and Fire Code Appeals, Appeals of Title 24 Handicap
Accessibility and fees for appeals on Orders to Abate.
Resolution No. 5872 - A Resolution of the City Council of
the City of Arcadia, California establishing fees for Building
and Fire Code Appeals and Property Maintenance Orders to
Abate appeals and amending Section 4 of Resolution No.
5814 relating to the appeal process to the Handicap
Accessibility Appeals Board.
Reso. 5872
a opte —
N
-1- AGENDA 8115/95
PUBLIC HEARINGS (continued)
b. Recommendation to adopt Resolution No. 5873 finding the City
of Arcadia in conformance with the Congestion Management
Program (CMP) and adopting the CMP local implementation report
in accordance with California Government Code Section 65089.
Resolution No. 5873 - A Resolution of the City Council of
the City of Arcadia finding the City of Arcadia in conformance
with the Congestion Management Program (CMP) and
adopting the CMP local implementation report in accordance
with California Government Code Section 65089.
6
C. Recommendation to approve Resolution No. 5874 making findings
pursuant to Health and Safety Code Sections 33445 and 33679 and
authorizing the use of Redevelopment funds for public improvements
comprising the Colorado Place Upper "Y" Landscaping Improvement
Project.
6
Resolution No. 5874 - A Resolution of the City Council of the
City of Arcadia, California, making findings pursuant to Health
and Safety Code Sections 33445 and 33679 and authorizing
the use of Redevelopment Agency funds for public improve-
ments comprising the Upper "Y" Landscaping Improvement
Project.
ITI me k
Reso. 5873
adopted 4 -0
Reso. 5876
adopted 4 -0
5. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS Sean Brown
THE CITY COUNCIL (NON- PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT victor Pan
PER PERSON)
6. -= MATTERS FROM ELECTED OFFICIALS
City Council Reports/ Announcements /Statements /Future Agenda Items See minutes
RECESS CITY COUNCIL
7. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ACTION
ROLL CALL: Agency Members Chang, Kuhn, Ulrich, Young Chairman Loieski
and Lojeski excused
a. Minutes of the August 1, 1995 adjourned and regular meetings. Anoroyed 3 -0
1 abstention
-2- AGENDA 8115/95
< ARCADIA REDEVELOPMENT AGENCY
►_L%i[or
b. Recommendation to approve the Colorado Place Upper "Y" Landscape Approved 4 -0
Improvement Project and authorize reimbursement of City expenses
in an amount not to exceed $18,000.
ADJOURN REDEVELOPMENT AGENCY to September 5, 1995 @ 7:00 p.m.
RECONVENE CITY COUNCIL
8. CONSENT ITEMS
/= [4i091,11I
a. Minutes of August 1, 1995 adjourned and regular meetings. Approved as
correcte
b. Report and recommendation for City Council acceptance of Motor Approved 4 -0
Control Center Replacement at Longden Plant. W.O. 552.
c. Report and recommendation for award of contract to Mutz Company in Approved 4 -0
the amount of $132,836 for the construction /renovation of Maintenance
Services Department Offices at the City Service Center. W. 0. 561.
d. Report and recommendation for award of contract to Pacific Bell and. Approved 4 -0
Nortel Communications in the amount of $18,945.07 for the purchase
and installation of a telephone system at the Service Center.
e. Report and recommendation to accept a storm drain and pedestrian Approved 4 -0
access easement across Mendel Property (29 E. Huntington Drive).
f. Report and recommendation to enter into a contract with the Warner Approved 4 -0
Group in the amount of $64,680 to develop an Information Systems
Master Plan.
g. Report and recommendation to enter into a contract with the architectural Approved 4 -0
firm of Wolf /Lang /Christopher in the amount of $86,535 for refurbishment
of Fire Station No 3.
h. Report and recommendation to purchase fire suppression tools and Approved 4 -0
equipment for a new Fire Department ladder truck from Simon Ladder
Tower, Inc., in the amount of $33,952.61
i. Report and recommendation to adopt Resolution No. 5875 establishing Reso. 5875
compensation and related benefits for APRA represented employees for adopted 4 -0
Fiscal Years 1995 -96 and 1996 -97.
-3- AGENDA 8115195
CONSENT ITEMS (continued)
Resolution No. 5875 - A Resolution of the City Council of
the City of Arcadia, California establishing compensation and
related benefits for the positions of Police Sergeant, Police
Agent, and Police Officer for the Fiscal Years 1995 -96 and
1996 -97.
ADJOURN to September 5, 1995 at 7:00 p.m.
"11Lem,
Adjourned 7:55 p.m.
-4- AGENDA 8/15/95
�ORrosso',�'
STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
August 15, 1995
TO: Mayor and City Council
FROM: Rick Gomez, Deputy City Manager/ Development Services Direct
Donna L. Butler, Community Development Administrator
SUBJECT: Resolution 5872 - Establishing fees for Building and Fire Code Ap
Appeals of Title 24 Handicap Accessibility and fees for appeals on
Orders to Abate
The attached Resolution 5872 has been prepared for the purpose of establishing fees
on appeals to the Fire and Building Code Appeals Board, the Handicap Accessibility
Appeals Board and appeals to the City Council on Property Maintenance Orders to
Abate.
The Development Services Department is proposing a fee of $500.00 for each of the
above appeals.
On January 17, 1995, the City Council adopted Ordinance 2028, establishing a
Building Code Appeals Board and Fire Code Appeals Board. Section 8040.3 relating
to filing of building code appeals and Section 3116.2 relating to fire code appeals
state: 'Before- accepting for filing any appeal, the City shall, for the purpose of
defraying the expenditures incidental to the proceedings described herein, charge
and collect an appeal fee in accordance with the applicable fee schedule adopted by
resolution of the City Council."
The Development Services Department is recommending an appeal fee of $500.00.
Appeal Fees
August 15, 1995
Page 1
D IMAGED
rf Y 9
The City Council adopted Resolution 5814 creating the handicap accessibility appeals
board on September 6, 1994. Section 4 of this Resolution states:
"Any person may file a written notice of appeal with the Secretary of the
Board within thirty (30) days after an action is taken by the Department
regarding the regulations pertaining to public access for handicapped persons.
Thereafter, the Appeals Board shall set a time and place for hearing the appeal
and all persons interested shall be heard. The Secretary shall give the
applicant at least ten (10) days notice of hearing."
The resolution does not establish an appeal fee. In order to recover the cost of the
appeal procedure, staff is recommending that Section 4 be amended to read (bold
and italicized):
"Any person may file a written notice of appeal with the Secretary of the
Board within thirty (30) days after an action is taken by the Department
regarding the regulations pertaining to public access for handicapped persons.
Before accepting for filing any appeal, the City shall, for the purpose of
defraying the expenditures incidental to the proceedings described herein,
charge and collect an appeal fee in accordance with the applicable fee schedule
adopted by resolution of the City Council. Thereafter, the Appeals Board shall
set a time and place for hearing the appeal and all persons interested shall be
heard. The Secretary shall give the applicant at least ten (10) days notice of
hearing."
The Development Services Department is recommending an appeal fee'of $500.00.
Section 9406.2 of the Property Maintenance Code sets forth appeal procedures for
Notices to Abate Violations. This section states in part:
"Such appeal shall be in writing, shall include payment of a filing fee in the
amount established by resolution of the City Council..."
Although this section was adopted in September, 1989, an appeal fee has never been.
established. Based upon the time and work involved with preparing the necessary,
report to the City Council, the Development Services Department is recommending;
an appeal fee of $500.00.
There are no direct costs to the City with the exception of mailing the findings to the
appellant. However, there is indirect cost associated with staff time and related
Appeal Fees
August 15, 1995
Page 2
r" - a
n
supplies. Based upon a recent study prepared by the Development Services
Department staff, the cost to process modification appeals, Planning Commission
appeals and homeowner association appeals range from $500 to $800 +.
The proposed fees of $500.00 are based on the procedures and estimated time
required to process each of the appeals described above. The purpose of the fees is to
defray the City costs for processing these appeals.
The Development Services Department recommends establishing appeal fees in the
amount of $500.00 for the Building and Fire Code Appeals Board, the Handicap
Accessibility Board and appeals on Notices to Abate.
The City Council should open the public hearing to receive testimony. If the City
Council concurs with staffs recommendation, the Council should move to adopt
Resolution 5872:
A Resolution of the City Council of the City of Arcadia, California,
establishing fees for building and fire code appeals and property maintenance
Orders to Abate appeals and amending Section 4 of Resolution No. 5814
relating to the appeal process to the Handicap Accessibility Appeals Board.
Attachment: Resolution 5872
APPROVED:
R. Kelly, City Manager
Appeal Fees
August 15, 1995
Page 3
-5-7 - --
+cPit
roMTt�,•o' STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
August 15, 1995
TO: Mayor and City Council
FROM: Rick Gomez, Deputy City Manager/ Development Services
By: Donna L. Butler, Community Development Administj
Prepared By: James M. Kasama, Associate Planned
SUBJECT: Adoption of Resolution No. 5873: Conformance with thf
County Congestion Management Program
SUMMARY
In November of 1992, the Los Angeles County Metropolitan Transportation
Authority (MTA) adopted a Congestion Management Program (CMP) that requires
local agencies to submit annual Local Implementation Reports. The Report must be
adopted at a public hearing, and submitted to the MTA by September 1, 1995. The
Report is to consist of a resolution self - certifying that the City is in conformance. In
order to conform with the requirements of the CMP, the City must perform the
following compliance actions:
1) Continue to implement the Transportation Demand Management (TDM)
ordinance (Ordinance No. 1984) and the Land Use Analysis (LUA) program
(Resolution No. 5780)
2) Submit to the MTA, by September 1, 1995, a Local Implementation Report which
includes a self- certified resolution of conformance; new development activity
report; transportation improvements credit claim forms and; deficiency plan
status summary. The Report must show that the City is meeting its congestion
reduction responsibilities.
DISCUSSION
Compliance Action No. 1
The City Council adopted a Transportation Demand Management (TDM) ordinance
(No. 1984) and a Land Use Analysis (LUA) program (Reso. 5780) in 1993. The TDM
ordinance applies to new, non - residential developments of_ 25,000 or more gross
LASER IMAGED
�)I-k Y Z
square feet. The LUA program applies to any project subject to an environmental
impact report (EIR) under the California Environmental Quality Act (CEQA).
Compliance Action No. 2
The Local Implementation Report required to be submitted to the MTA must include
the following:
• Self- Certified Resolution of Conformance.
The attached Resolution No. 5873 finds the City of Arcadia to be in conformance
with the CMP and adopts the Local Implementation Report in accordance with
California Government Code Section 65089.
New Development Activity Report
The CMP requires that cities mitigate traffic congestion that results from new
development. The CMP translates new development into congestion "debits ".
Cities are required to track all new development to determine the amount of
congestion "debits" that must be mitigated. For the period of June 1, 1994 to May
31, 1995, the City of Arcadia accumulated 1,982.72 congestion "debits" as a result of
new development activity.
• Transportation Improvements Credit Claims
If applicable, cities must submit to the MTA a list of regional transportation
improvements. Those transportation improvements that reduce regional
congestion are translated into congestion "credits" that can offset the "debits"
incurred by new development. In June of this year, the MTA granted the City of
Arcadia 3,591 congestion "credits" for past transportation improvements (those
implemented between January 1, 1990 to April 30, 1994). For the current period of
May 1, 1994 to May 31, 1995, the City did not implement any regional
transportation improvements and no additional "credits" were requested.
• Deficiency Plan Status Summary
Based on the "credits" granted for the past transportation improvements and the
"debits" accumulated due to new development, the City of Arcadia has a positive
balance of 1,608.28 congestion "credits ". Therefore, the City is satisfying its
congestion reduction responsibility, and is in conformance with the CMP.
Y Reso. 5873/CMP Conformance Report
August 15, 1995
page 2
ENVIRONMENTAL ANALYSIS
The adoption of a Local Implementation Report is not subject to the requirements of
the California Environmental Quality Act (CEQA). The development or adoption of
regional transportation improvement programs are exempt by statute (State CEQA
Guidelines Section 15276). Any individual projects, however, that are to be
implemented pursuant to a regional transportation program are subject to CEQA.
FISCAL IMPACTS
Nonconformance with the CMP will jeopardize gas tax funds. If the MTA determines
that a city is not in conformance with the CMP, the State Controller will be notified to
withhold from that jurisdiction its allocation of the state gas tax increase enacted by
Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city
still has not conformed to the CMP, the withheld gas tax funds will be allocated to the
County. For the City of Arcadia, the amount of these funds for the current year is
approximately $277,000.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 5873 and direct the City
Clerk to transmit a signed copy of the Resolution to the Los Angeles County
Metropolitan Transportation Authority by September 1, 1995.
Approved: 1 i
William R. Kelly, City Manager
Attachments: Resolution No. 5873
Local Implementation Report:
• Deficiency Plan Status Summary
• New Development Activity Report
Reso. 5873/CMP Conformance Report
August 15, 1995
page 3
,. e - c.,,. __ 6
.6 /
�w'Y �
•`J gi
1111.4 VW fTvie
°oc.uas°' STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
August 15, 1995
TO: Mayor and City Council r
FROM: Rick Gomez, Deputy City Manager/Development Services Dire ._•r or
P �' tY g
By: Donna L. Butler, Community Development Administrator
Prepared By: James M. Kasama, Associate Planne
zirr A So
SUBJECT: Adoption of Resolution No. 5873: Conformance with the Los Angeles
County Congestion Management Program
SUMMARY
In November of 1992, the Los Angeles County Metropolitan Transportation
Authority (MTA) adopted a Congestion Management Program (CMP) that requires
local agencies to submit annual Local Implementation Reports. The Report must be
adopted at a public hearing, and submitted to the MTA by September 1, 1995. The
Report is to consist of a resolution self-certifying that the City is in conformance. In
order to conform with the requirements of the CMP, the City must perform the
following compliance actions:
1) Continue to implement the Transportation Demand Management (TDM)
ordinance (Ordinance No. 1984) and the Land Use Analysis (LUA) program
(Resolution No. 5780)
2) Submit to the MTA, by September 1, 1995, a Local Implementation Report which
includes a self-certified resolution of conformance; new development activity
report; transportation improvements credit claim forms and; deficiency plan
status summary. The Report must show that the City is meeting its congestion
reduction responsibilities.
DISCUSSION
Compliance Action No. 1
The City Council adopted a Transportation Demand Management (TDM) ordinance
(No. 1984) and a Land Use Analysis (LUA) program (Reso. 5780) in 1993. The TDM
ordinance applies to new, non-residential developments of 25,000 or more gross
LASER IMAGED
134 y A .
square feet. The LUA program applies to any project subject to an environmental
impact report (EIR) under the California Environmental Quality Act (CEQA).
Compliance Action No. 2
The Local Implementation Report required to be submitted to the MTA must include
the following:
• Self-Certified Resolution of Conformance.
The attached Resolution No. 5873 finds the City of Arcadia to be in conformance
with the CMP and adopts the Local Implementation Report in accordance with
California Government Code Section 65089.
• New Development Activity Report
The CMP requires that cities mitigate traffic congestion that results from new
development. The CMP translates new development into congestion "debits".
Cities are required to track all new development to determine the amount of
congestion "debits" that must be mitigated. For the period of June 1, 1994 to May
31, 1995, the City of Arcadia accumulated 1,982.72 congestion "debits" as a result of
new development activity.
• Transportation Improvements Credit Claims
If applicable, cities must submit to the MTA a list of regional transportation
improvements. Those transportation improvements that reduce regional
congestion are translated into congestion "credits" that can offset the "debits"
incurred by new development. In June of this year, the MTA granted the City of
Arcadia 3,591 congestion "credits" for past transportation improvements (those
implemented between January 1, 1990 to April 30, 1994). For the current period of
May 1, 1994 to May 31, 1995, the City did not implement any regional
transportation improvements and no additional "credits" were requested.
• Deficiency Plan Status Summary
Based on the "credits" granted for the past transportation improvements and the
"debits" accumulated due to new development, the City of Arcadia has a positive
balance of 1,608.28 congestion "credits". Therefore, the City is satisfying its
congestion reduction responsibility, and is in conformance with the CMP.
•
Reso. 5873/CMP Conformance Report
August 15, 1995
page 2
i =
ENVIRONMENTAL ANALYSIS
The adoption of a Local Implementation Report-is not subject to the requirements of
the California Environmental Quality Act (CEQA). The development or adoption of
regional transportation improvement programs are exempt by statute (State CEQA
Guidelines Section 15276). Any individual projects, however, that are to be
implemented pursuant to a regional transportation program are subject to CEQA.
FISCAL IMPACTS
Nonconformance with the CMP will jeopardize gas tax funds. If the MTA determines
that a city is not in conformance with the CMP, the State Controller will be notified to
withhold from that jurisdiction its allocation of the state gas tax increase enacted by
Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city
still has not conformed to the CMP, the withheld gas tax funds will be allocated to the
County. For the City of Arcadia, the amount of these funds for the current year is
approximately $277,000.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 5873 and direct the City
Clerk to transmit a signed copy of the Resolution to the Los Angeles County
Metropolitan Transportation Authority by September 1, 1995.
Approved: i{
William R. Kelly, City Manager
Attachments: Resolution No. 5873
Local Implementation Report:
• Deficiency Plan Status Summary
• New Development Activity Report
Reso. 5873/CMP Conformance Report
August 15, 1995
page 3
/
05-020_ s O
c�R►oRATfa ' _ ._ �.. _ - ._._ _ __ STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
August 15, 1995
TO: Mayor and City Council
FROM: Rick Gomez, Deputy City Manager/Development Services Direct
Donna L. Butler, Community Development Administrato .6
SUBJECT: Resolution 5872 - Establishing fees for Building and Fire Code App ls,
Appeals of Title 24 Handicap Accessibility and fees for appeals on
Orders to Abate
SUMMARY
The attached Resolution 5872 has been prepared for the purpose of establishing fees
on appeals to the Fire and Building Code Appeals Board, the Handicap Accessibility
Appeals Board and appeals to the City Council on Property Maintenance Orders to
Abate.
The Development Services Department is proposing a fee of $500.00 for each .f the
above appeals.
DISCUSSION
Fire and Building Code Appeal Fee
On January 17, 1995, the City Council adopted Ordinance 2028, establishing a
Building Code Appeals Board and Fire Code Appeals Board. Section 8040.3 rellating
to filing of building code appeals and Section 3116.2 relating to fire code appeals
state: "Before accepting for filing any appeal, the City shall, for the purpose of
defraying the expenditures incidental to the'proceedings described herein, ciarge
and collect an appeal fee in accordance with the applicable fee schedule adopted by
resolution of the City Council." .
The Development Services Department is recommending an appeal fee of $500.00.
Appeal Fees
August 15 1995
Page 1
/ " .7, ('T-
f .. r JLD
Pr/- Y 9
supplies. Based upon a recent study prepared by the Development Services
Department staff, the cost to process modification appeals, Planning Commission
appeals and homeowner association appeals range from $500 to $800+.
The proposed fees of $500.00 are based on the procedures and estimated time
required to process each of the appeals described above. The purpose of the fees is to
defray the City costs for processing these appeals.
RECOMMENDATION
The Development Services Department recommends establishing appeal fees in the
amount of $500.00 for the Building and Fire Code Appeals Board, the Handicap
Accessibility Board and appeals on Notices to Abate.
CITY COUNCIL ACTION.
The City Council should open the public hearing to receive testimony. If th City
Council concurs with staff's recommendation, the Council should move to dopt
Resolution 5872:
A Resolution of the City Council of the City of Arcadia, Calif rnia,
establishing fees for building and fire code appeals and property mainte ance
Orders to Abate appeals and amending Section 4 of Resolution No. 5814
relating to the appeal process to the Handicap Accessibility Appeals Boar d .
Attachment: Resolution 5872
APPROVED: 4
it am R. Kelly City Manager
g
Appeal Fees
August 15, 1995
Page 3
e, 5-33 _7 n
r•'7.-
. 1. L .1 :.
+oRwsto ST REPORT
"
DEVELOPMENT SERVICES DEP' TMENT
August 15, 1995
TO: Mayor and City Council
•
FROM: Rick Gomez, Deputy City Manager, Development Services Director
By ,Peter P. Kinnahan, Economic Development Administrator
prepared by: Dale R. Connors, Redevelopment Project Manager
RE: Recommendation of City Council acceptance of storm drain and
pedestrian easement across Mendel Property (29 E. Huntington Drive)
SUMMARY:
One component of the Downtown 2000 revitalization effort is the acquisition and
preservation of pedestrian accessways from parking areas behind shops through to
Huntington Drive. Staff is in the process of negotiating an Easement Agreement
(Attachment No. 1) with Mr. and Mrs. Harvey Mendel which will allow the City to
install a storm drain (part of the Downtown 2000 Public Improvement Project) to ease
seasonal flooding and TO provide a permanent public pedestrian accessway adjacent
to the. Steerburger Restaurant (Location Map, Attachment No. 2).. This Agenda report
recommends City Council acceptance of the Mendel Easement Agreement.
DISCUSSION:
Acquisition and maintenance of pedestrian accessways from Downtown parking areas
north and south of Huntington Drive through to Huntington Drive storefronts was
identified as a priority item in the Downtown Revitalization Strategy Program over two
years ago when the planning process began. Pedestrian access to Huntington
entrances and the parking at the rear of the shops will encourage highly visible
Huntington Drive foot traffic and enhance retail opportunities.
Several private accessways already exist but could be closed by property owners in
the future. Once dedicated to public use, these accessways could not be closed
without the City's permission.
Mr. and Mrs. Harvey Mendel are the principal owners of the Steerburger Property
located at 29 E. Huntington Drive. A 4 foot wide private accessway currently runs
along the eastern edge of this property. The Mendels have indicated that they are
willing to formalize the accessway by granting the City a storm drain and pedestrian
easement.
LASER IMAGED
The Mendel Property experiences seasonal flooding. Storm water runoff is generated
Parking District No. 2 to.the north and runs through the accessway south to
Huntington Drive where it joins the storm drain system.. The Mendels recognize this
problem and are interested in addressing it. As part of the Downtown 2000 Public
Improvement Project, plans have been prepared to construct a publicly owned storm
drain system from the alley through the accessway to Huntington to handle this
runoff.
The Parking District Commission reviewed this issue at their March 23, meeting. They
recommended that the City Council utilize $15,000 in Parking District.2 Funds to pay
for the cost of the storm drain. The Council approved this expenditure on May 2.
The funds are now in the Parking District 2 budget for FY 95-96.
Attachment No.. 1 is a draft Easement Agreement prepared by Agency Special
Counsel.. It is currently under review by the Mendel's. Staff does not expect any
significant changes to the Agreement. As this agreement will be recorded against the
property, the City Council must authorize staff to execute the Easement Agreement.
Staff is submitting it to you at this time because Downtown 2000 construction is
underway and, while the Steerburger storm drain lateral is not critical to the
construction schedule, it is less expensive to carry out the work as soon as possible.
FISCAL IMPACT: •
The proposed storm drain work was bid as part of the Downtown 2000 Public
Improvement and Streetscape Project Based upon Sully Miller's winning bid, the
storm drain portion of the project will cost approximately $15,000. This money has
been budgeted and is available in the Parking District Two Budget. Any additional
necessary costs can be absorbed by the Agency as part of the overall construction
cost..
RECOMMENDATION:
It is recommended that the City Council of the City of Arcadia accept a storm drain
and pedestrian access easement agreement across the Mendel Property located at 29
E. Huntington Drive and authorize and direct the City Manager to execute the
Easement Agreement subject to City Attorney approval as to form.
Attachments: Attachment No. 1 - Draft Easement Agreement
Attachment No. 2 - Location Map
Approved:
Gerald Gardner, Acting City Manager
DRC:dc
,
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL-TO: DRAFT
City of Arcadia
240 West Huntington Drive •
Post Office Box 60021
Arcadia, CA 91066
Attn: City Manager
[SPACE ABOVE THIS LINE FOR RECORDER1S USE]
Exempt from recording fee.per Government Code
Section 6103 Documentary Transfer Tax ire NONE
Governmental Agency exempt, per Revenu and
City of Arcadia Taxation Code Section 11922
B• (Signature of Declarant or Agent determinin tax)
(Firm Name)
EASEMENT DEED
FOR
STORM DRAINAGE AND PEDESTRIAN ACCESS
1. Grant of Easement.
FOR VALUABLE CONSIDERATION, receipt of which is hereby ackno edged,
(i) HARVEY D. MENDEL, AS SUCCESSOR TRUSTEE OF THE C14IRE H.
MENDEL TESTAMENTARY TRUST,AS TO AN UNDIVIDED ONE-FOURTH
INTEREST; (ii) HARVEY D. MENDEL, A MARRIED MAN, AS TO AN
UNDIVIDED TWO-SIXTEENTHS INTEREST; (iii) JANE MENDEL, AS TO
HER COMMUNITY PROPERTY INTEREST; (iv) JANICE ROFFELD, A
MARRIED WOMAN, AS TO AN UNDIVIDED ONE-SIXTEENTH INTEREST;
(v) WILLIAM ROFFELD, AS TO HIS COMMUNITY PROPERTY INTEREST;
(vi) CAROLE LANGNESS, A MARRIED WOMAN, AS TO AN UNDED
ONE-SIXTEENTH INTEREST; (vii) RODNEY LANGNESS, AS TO HIS
COMMUNITY PROPERTY INTEREST; (viii) PHILLIP TEPPER AND ROSS
LYNN TEPPER {HARVEY D. N OF P}HILLIP'TEPPER AND ROSS LYNN
FAMILY TRUST FOR THE BENEFIT
KKR46133
• Attachment No. L
TEPPER AND THEIR ISSUE UNDER INSTRUMENT DATED JULY , 198_,
AS .TO AN UNDIVIDED ONE-HALF INTEREST" (COLLECTIVELY.
"GRANTORS")
do hereby grant and convey to
THE CITY OF ARCADIA ("City") -
an easement("Easement")in, over and under that certain real property described in Exhibit
A attached hereto ("Property), for the purposes of:
A. Excavating, installing, operating, maintaining, repairing and replacing, as
deemed reasonably necessary by the City, a public storm drain system,
together with such additional appurtenances reasonably related to the
operation thereof including,without limitation,the installation of catch basins
and grating; and
B. Demolishing;.constructing, maintaining, repairing and replacing, as deemed
reasonably necessary by the City, a public sidewalk,together with the right for
public pedestrian access over, through and across the Property..
The Easement'conveyed by this Agreement is an Easement in gross to be held by the City
•and its successors, representatives, employees,contractors and assigns.. Grantor specifically
acknowledges and agrees to the right of the public to use the easement for the purposes
set forth above:
2. Term: This Agreement and the Easement described herein shall be perpetual;
provided,however, in the event that the Easement is no longer required for storm drainage
and pedestrian access,this Easement shall be terminated by an executed, acknowledged and
recorded document effecting such termination, executed by the parties hereto, their
successors or assigns.. Such document not be effective without the prior written approval by
the City Manager or City Council, and any attempted or purported modification or.
termination in violation of this Section shall be void and shall confer no rights upon any
third person..
3. Restrictions on Use.. City and Grantor agree in using the Property:
3.1. Not to use or permit or suffer the Property to be used in any manner
which would violate any license, permit or other governmental authorization which.is
required for the lawful use of all or any portion of the Property.
3.2 Grantor, shall not erect or construct,. or permit to be erected or
constructed, any building, structure or improvement on, over or under any portion of the
Property, nor shall Grantor plant any tree or trees or plant any other vegetation or flora on
any portion of the Property except at the express direction of City.
KKR46133 -2-
• } J
. other easement or other encumbrance shall be granted.on,under,
3.3. No prior written consent.of City.
or over the Property without obtaining the P
' n f n . Neither party will block,obstruct or in any ay
4. No Obst� �^ o E�seme exists in order to pro de
e being understood that such Property
interfere with the Property,it"bei
for the purposes set forth in Section 1. above. No
for the unobstructed use of the Property
s or other barriers will be constructed in such a manner as
sr ointerf insure that e the fences, walls will take all steps reasonably necessary in
Property. Each cen party and invitees comply with the provisions of this
respective licensees, agents, employees
Agreement. or Gr for
Any m maintenance or repairs performed by City
construction,landscap• � licenses or other governor ntal
compliance with all laws, permits,
shall authorizations,carried out in comp governmental a envies,
rules,ordinances,.orders, decrees and regulations
overnm hereafter g acted,
issued or promulgated federal,state,county,municipal and other g
issued or promulgated by or claiming jurisdiction.
and courts having
,I, n m n . City shall file a notice with the Los Angeles Cpunty
,S, axes a d AccPC� a tS
Assessor stating.that the Easement has been conveyed owe shall lay or
Tax Ass impositions,cause to be paid all assessments, excises, imp or otherwise imposed with respect
` description now or hereafter levied rovemsentsloca against on the Property, or the Gr toffs
to the Property, the Grantor's P
- personal property located on the Property. .
In• - ..k - i, h._ hob h._,�z - h- .1- �- •li• -n - .f th
n h, - • -
1 o l,•„ .w h. hob_ h.rml -n� ins mni t
- r.n •r i• n
i� vvi hr y • h Pr. . - • h h. „ti . • h- •l- n •1 1. i_ .n• . .m......-
•
f.r • � � - 1'� - -
r•n • wi h r- • - K
h- 'r• • -
ili If any portion of this Agreement is declared by a court of
v ra provisions of this
competent jurisdiction to be invalid or unenforceable, the remaining p
P
Agreement shall continue in full force and effect.
is brought
legal action or other proceeding gh
$, A to.M. FPS n Costs. If any g ed dispute,breach.
default, or misrepresentation in connection with any p
Bement,or because Bement, ten the
for the enforcement or defense of this Agreement, ecause of an alleg b
provision of this Agreement,
shall be`entitled to recover its reasonable actor relief to which i may be other costs
prevailing party proceeding, in a
incurred in that action or p addition to any -
entitled.
w V n . This Agreement shall be construed in a cordance
1 ^�,verni_Z Lu and lawsuit brought t enforce
governed by the laws of the State of California. Any lawsuit brought sight , State of
with and g t in an appropriate court in Los Angeles this Agreement shall be brought
California.
-3-
Kicxa6133
11. Captions. Captions in this Agreement are inserted. for convenience of
reference only and do not define, describe or limit the scope of the intent of this Agreement
or any of the terms hereof.
11• Entire Agreement. This written document contains the entire agreement of
Grantor and City and supersedes any prior oral or written statements or agreements
between the parties. No supplement, modification, or amendment of this Agreement shall
be binding unless executed in writing by.all parties.
j Binding on Successors and Assigns. Each and all of the covenants and
conditions of this Agreement shall be binding on and shall-inure to the benefit of the heirs,
successors, executors,administrators, assigns,and personal representatives of the respective
parties. The Grantors and the City understand and agree that the rights and obligations set
- forth in this Agreement are appurtenant to the Property and that such rights and obligations
shall follow the ownership of the Property. No Grantor who has conveyed his or her
interest in the Property shall be liable for performance of the continuing obligations and
responsibilities of the Grantors set forth in this Agreement which arise after the conveyance
of that Grantor's interest in the Property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument
the day and year first above written...
•
Grantor:.
B : - DRAFT
y
Harvey D. Mendel, •
as Successor Trustee of the
Claire H. Mendel
Testamentary Trust
By:
Harvey D. Mendel,
a Married Man
By:
Jane Mendel, a married woman,
•
Iu{R46133 -4-
■
B DRAFT
Janice Roffeld,.
a Married Woman-
By:
William Roffeld, a married man
By:
Carole Langness,.
a Mmarried Woman
By:
Rodney Langness, a married man.
KKR46133= -5-
' r
r
By: DRAFT' '
• Phillip Tepper and
Ross Lynn Tepper
Trustees of the Tepper Family
Trust for the Benefit of
Philip Tepper and Ross Lynn
Tepper and Their Issue Under
Instrument Dated July_ 198_
AGREED AND ACCEPTED:
City:.
CITY OF ARCADIA
7 .
By:
William Kelly
City Manager
ATTEST:
June D. Alford
City Clerk
APPROVED AS TO FORM:
K
By:.
Michael Miller
City Attorney -
u uabi33 -6-
•
EXHIBIT "A"
LEGAL DESCRIPTION
R
AN EASEMENT FOR STORM DRAIN PURPOSES AND PEDESTRIAN
ANITA TRACT,GN THE CITY OFEARCADEA,
A PORTION OF LOT 8 IN BLOCK 74 OF THE SANTA
89 AND OF LOS ANGELES, US STATE
RECORDS,IN THE OFFICE OF THE RECORDED IN BOOK 15
RECORDER OF S ED
89 AND 90 OF MISCELLANEOUS
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION 0 FEET NORTHERLY FROM SAID LOT 8
WITH A
LINE OF SAID
IS PARALLEL WITH AND DISTANT 20.00
LOT;THENCE NORTHERLY WESTERLY SAID
AND CONTINUING OALONG A BEARING OF NORTH 6
THENCE LEAVING SAID WESTERL
36' 00' WEST 71.19 FEET TO THE NORTHERLY LINE OF SAID LOT 8, SAID POINT BEING A T; THENCE WESTERLY
DISTANCE OF 20.33 FEET FROM THE.NORTHEAST CORNER OF SAID OTHENCE LEAVING AID
ALONG SAID NORTHERLY UNE SOUTH 89° 59'
NORTHERLY LINE AND CONTINUING ALONG A BRING OF
TO ALINE WHICH IBS PARALLEL WITH AND DIST NT
THENCE SOUTH 00° 00' 12 EAST
20.00 FEET NORTHERLY FROM THE SOUTHERLY EAST 3.90 FEET TO T LOT
E POINT OF BEGINNING.LONG.
SAID PARALLEL•LINE NORTH 89° •
J:\2200.1.6\Ex-A
N 89 59''52-r
' Y�\ 20.33'
S (
. -' 285' / 7.55r 1
/
g f% 8
• g I ' 'm,/�;) I 1
/�,� //� I
I I. i g7. N •
• i /.i
/
• 1
CENTERLINE OF STORM ORNN j
{0'/ ,
/,t, %
211 t/ �j•�o,_
f//1/, /
•
o% /
• v
POR . LOT 6 t /J
BLOCK 7' 4 '% CENTERLINE OF STORM ORAN
. 3 390.
SANTA AN1TA TR . /
81 M . R . 1 -5 / 80 -"DO 3 3 .
bI 8 % /$
S b
. _ -./z
(,; .
N 8r 59' 52 E 50.03'
(
I
T
. "s
HUNTINGTON DRIVE
b
_
---- c.t --- •
swas. Consulting Engineers t;a. ;;, EXHIBIT 'B'
5 �� WI 4+«° ,'
'EASEMENT FOR STORM DRAIN PURPOSES
°'? i l 'm'y15 1" r e. I 22oo.on • & PEDESTRIAN INGRESS AND ,EGRESS .
,f
LOCATION MAP - STEEI. . E , URGER EASEMENT _ -
. ;.
. . .
... . I I • J•
1 , 1
)
.--- • WHEELER AVE\,E .
iii ;
Q eN W
Park ing D istr ict No. 2 �RTH
Q z
I-- w
Scale - 1" : 100 '
Q
''., Proposed Storm Drain and
"' Pedestrian Easement 1-- I'
f:
; (i
Mendel Property t,
29 E . Hunt i ngton
Q
HU\T I \GTO\ DRIVE
A
S r I r v
.-r
Z
p
N
■