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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 ■