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HomeMy WebLinkAboutJuly 5, 1994,, ~ • - . ~ ~ ~ A G E N D A Arcadia City Council Meeting July 5, 1994 Regular Meeting: 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members Chang, Kuhn, Lojeski, MaFgett and Young ACTION TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING) -(FIVE MINUTE TIME LIMIT PER PERSON) SUPPLEMENTALINFORMATION FROM STAFF REGARDING AGENDA ITEMS QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION'OF AGENDA ITEMS MOTION: Read all ordinances and resolutions by title only and waive reading in full. PRESENTATIONS 1. Presentation of plaque to outgoing Commission Member Homer Paulson, Arcadia Beautiful Commission, 1991 - 1994 2. Presentation of plaque to outgoing Commission Member Dean Horstman, Arcadia Recreation Commission, 1989 - 1994 3. Presentation of Proclamation to Dean & Gloria Horstman BOARDS 8 COMMISSIONS 1. Appointments to Boards & Commissions Vacancies: Library Board (2) Planning Commission (4) Recreation Commission (2) Senior Citizens' Commission (4) Sister City Commission (3) -1- AGENDA 07/05194 . .. ' ~. u ACTION PUBLIC HEARINGS 1. Proposed Text change revising the swimming pool regulations to allow door and window openings with alarm systems or pool covers to be substituted for the required barrier.between a house and a swimming pool. 2. ReView and Recommendation to Approve Implementation of Voluntary Emergency Medical Subscription Program/Setting Basic and Advanced Life Support Non-Transport Fees to be Charged by the Fire Department: ORDINANCE No. 2016 - INTRODUCTION - An Ordinance of the City Council of the City of Arcadia, California, adding a Part 9 to Chapter 1 of Article III establishing procedures and authorizing charges for a voluntary emergency medical subscription program within the City of Arcadia. RESOLUTION No. 5805 - A Resolution"of the City Council of the City of Arcadia, California, setting basic life support, advanced life support and emergency ambulance transportation fees to be charged by the Fire Department of the City of Arcadia. MATTERS FROM ELECTED•OFFICIALS City Council,Reports/Announcements/Statements RECESS CITY COUNCIL MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: ~ Agency Members Chang, Kuhn, Lojeski, Margett & Young CONSENT ITEMS: 1. MINUTES of the June 8 and June 14, 1994 adjourned regularmeetings: -2- AGENDA 07/05194 ;. . _ ~ , ~ ACTION ARCADIA REDEVELOPMENT AGENCY, continued . 2. Fiscal Year 1994-95 Confirmation of Existing Agency Obligations, Programs, Projects and Activities. RESOLUTION No. ARA-174 - A Resolution of the Arcadia - Redevelopment Agency of the City of Arcadia, California, declaring that the Agency is unable to set aside 20% or less of its 1994-95 tax increment for low/moderate income housing due to existing Agency obligations, programs, projects and activities. 3. Request to approve contract with KMPG Peat Marwick. ADJOURN to July 19, 1994 @ 7:00 p.m. RECONVENE CITY COUNCIL CONBENTITEMS 1. MINUTES of the June S and June 14, 1994, adjourned regular meetings. 2. Recommendation for Award of Contract for 1994-95 Slurry Seal Program - Job No. 580. 3. Recommendation for award of contract for resurfacing of various ~ streets (1993-94) and construction of asphalt pavement at Baldwin Reservoir facility (Job No. 543). 4. Recommendation to proceed with Highland Oaks annexation/zone change (design overlay). 5. Recommendation to transfer funds from the Solid Waste Fund to the City Attorney's Legal Support Services Account. _ x+~ ~ ,~ ,,. 6. Recommendation to finalize Notice of Equalization of Assessment - 331 East Haven. -3- AGENDA 07105194 " '' ~ ~ CONSENT ITEMS, continued 7. Compensation Resolutions No. 5806 & 5807 ~ RESOLUTION No. 5806 - A Resolution of the City Council of the City of Arcadia, California, amending compensation for certain _ positions of management employees for_the Fiscai Year 1994-95. RESOLUTION No. 5807 - A Resolution of the City Council of the City of Arcadia, California, amending compensation for certain positions of general employees for the Fiscal Year 1994-95. 8. Health.lnsurance Contribution Resolution No. 5808. ACTION RESOLUTION No. 5808 - A Resolution of the City Council of the City of Arcadia, California, establishing health insurance contributions for various positions of general employees for the period July 1, 1994 through June 30, 1995. _ CITY MANAGER 1. Consideration of Donation Policy. 2. Consideration of City Council Travel & Reimbursement Policy. CITY ATTORNEY 1. ORDINANCE No. 2005 - ADOPTION - An Ordinance of the City Council of the City of Arcadia, California, amending Sections 9250.3.1.5, 9251.2.10, 9252.2.13 and 9292.1.4 of the Arcadia Municipal Code to permit the Modification Committee to consider modification requests for converting existing attic space into second-story living space within single-family residences in the R-M, R-O and R-1 zones. 2. ORDINANCE No. 2007 - ADOPTION - An Ordinance of the City Council of the City of Arcadia, California, amending Sections 2251 and 2261.1 of the Arcadia Municipal Code changing the membership of the Planning Commission from five (5) to seven (7) and setting forth attendance requirements. -4- ~ AGENDA 07105194 - . " ~. • ACTION CITY ATTORNEY, continued 3. ORDINANCE No: 2011 - ADOPTION - An Ordinance of the City Council of the City of Arcadia, California, adding Section 9273.1.15 to the Arcadia Municipal Code allowing outdoor entertainment events in the S-1 Zone and providing for repeal of Section 9273.1.15 by~October 1, 1995. 4. ORDINANCE No. 2012 - ADOPTION - An Ordinance of the City Council of the Ciry of Arcadia, California, amending the Arcadia Wlunicipal Code Section 4620.2 by deleting sub-section (e) to eliminate the exemption of S-1 property from City noise limits. 5. ' ORDINANCE No. 2013 - ADOPTION - An Ordinance of the City Council of the City of Arcadia, California, amending the Arcadia Municipal Code by adding a Division 7 to Part 1 of Chapter 4 of Article VI regarding Outdoor Entertainment Event Permit requirements and regulations and providing for repeal by October 1, 1995. 6. ORDINANCE No. 2014 - ADOPTION - An Ordinance of the City Council of the City of Arcadia, Califomia, amending various Sections of Article IV of the Arcadia Municipal Code regarding animals, pound and poundmasters. MATTERS FROM STAFF Reports/Announcements/Statements ADJOURN to July 19, 1994 @ 7:00 p.m. -5- AGENDA 07/05194 r „ 0..rria ___ tr 4 I C..Si5 7O l ' ' • emo'andu�n / , Date: June 30, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHAEL H. MILLER, CITY ATTORNEY 111 14 SUBJECT: SANTA ANITA ENTERTAINMENT PERMIT ORDINANCE - ADOPTION/ AGENDA ITEM - CITY ATTORNEY ITEM NO. 5 - ORDINANCE NO. 2013 The attached Ordinance was revised per direction of City Council at the time of Introduction to reflect Council input regarding community participation with regard to review of permit requirements, City Council permit review, and type of productions in view of the representations made by Santa Anita and their promoter. Pursuant to review by the City Manager and Planning Director, this office added wording to the Ordinance to reflect the above_consistent with the Pilot Program nature of the expanded use of Santa Anita as an entertainment venue and legal requirements. All of the inclusive controls set forth at the last Council meeting remain in the Ordinance. Additionally, SART has committed to an immediate deposit of $20, 000 pursuant to Council's action to approve a Pilot Program Noise Control fee as determined by the City Manager. This will enable. immediate retention of an administrator and noise control expert-advisor. Per Council direction at the meeting of June 21st, revisions to the City Admissions Tax will be presented for action at the next Council meeting. These will assure application to entertainment events consistent with the Pilot Program nature of the proposed uses. CONCURRED: I 1^nI X �n11. `IC WILLIAM R. KELLY ACTING CITY MANAGER c: Donna Butler, Planning A � IiA ► D L cil SD Stu iK)I;7/ /'ca/S ' /Ht. July 5, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Assistant Community Development Director/ Planning SUBJECT: Proposed Revisions to the Swimming Pool Regulations SUMMARY Section 3430.5 of the Arcadia Municipal Code requires all new swimming pools to be enclosed on all sides by a 5'-0" high wall/fence. The proposed revisions to the Swimming Pool regulations will allow property owners the option of providing alternative means of security, i.e., pool cover or alarm between the pool and the house (including garage and guest house) rather than the existing code requirement of a 5'-0" fence/wall. DISCUSSION Prior to 1992, the code required a 4'-0" high fence/wall around a pool. A pool is defined in the City's code as any body of water 18" or greater in depth. The wall of a house could be used as one of the barriers for the pool. In 1992, the swimming pool regulations were amended. The main changes to the code addressed the "barrier" issue. It was recognized that safety was the primary goal for pool barriers and most safety issues involved making pools safer and less accessible to unsupervised children. Because of the concern regarding safety, the 1992 code changes required swimming pools to be enclosed on all sides (including between the house and the pool) by a 5'-0" high fence/wall; the house could no longer be used as a barrier unless there were no openings in the structure. During the past few years, many cities have adopted swimming pool regulations which allow alternatives to fencing between the house and the pool. The Building Division has reviewed these regulations and recommends the alternatives set forth as follows which include alarm systems, self-closing and self-latching devices on doors Swimming Pool Regs. July 5, 1994 Page 1 LASER IMAGED and windows and pool covers. Any one of the following would be considered as an alternative to requiring a wall/fence between the house and the pool. The following wording is proposed to be added to Section 3440.5 of the Arcadia Municipal Code: "10. Where walls of a single family residence (including garages and accessory buildings) containing doors or windows which serve as part of the pool barrier and allows access to the pool through those openings shall comply with one of the following with the approval of the Building Official. (1) An alarm which produces an audible warning when the door or window and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door or window is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically resent under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the floor at the opening. (2) An alarm incorporated with the general house alarm system which meets the requirements of 10(a) above and has the capability of activating the zones, which allow access to the pool while deactivating the remaining zones in the dwelling. (3) An alarm capable of detecting unauthorized entry into the pool which when activated emits a sound of sufficient volume to be heard in the dwelling during normal household activities. (4) Self-closing and self-latching devices on the doors and windows meeting the preceding requirements of item 8 above for access gates. EXCEPTION: Non-openable and openable windows may be part of a building wall used as the pool enclosure, provided they are a minimum of 4 feet above finished grade as measured from the floor outside of the pool enclosure (e.g. inside of a room). Non openable window is defined as permanent single or multiple panes of glass in a frame which is designed as a non-openable window and cannot be readily modified to produce an openable window. (5) A safety-type pool cover, either manual or automatic complying with the requirements of the American Society for Test and Materials, ASTM F1346-91. This specification establishes requirements for safety covers for Swimming Pool Regs. July 5, 1994 Page 2 swimming pools, spas, hot tubs and wading pools and when correctly installed and used in accordance with the manufacturer's instructions is intended to reduce the risk of drowning by inhibiting the access of children under five (5) years of age to the water." It is staffs opinion that the above regulations provide appropriate alternatives to barriers between the pool and the house and at the same time provide a high degree of safety when used properly. RECOMMENDATION Staff is is recommending approval of the above referenced amendments to the Arcadia Municipal Code. FINDINGS AND MOTION Approval If the City Council intends to take action to approve this text change, the Council should move to direct staff to prepare the appropriate ordinance for future enactment by Council. Denial If the City Council intends to take action to deny this text change, the Council need only to move for denial (no ordinance is required). APPROVED: William R. Kelly, Acting City Manager Swimming Pool Regs. July 5, 1994 Page 3 Memorandum ARM arcad/a redevelopment agency July 5, 1994 TO: Arcadia Redevelopment Agency FROM: By:C/ Peter P. Kinnahan, Assistant Community Development Iv Director/Economic Development Division Pr�et0piared by: Dale R. Connors, Redevelopment Project 7 Manager/Economic Development Division RE: FY 1994-95 Confirmation of Existing Agency Obligations, Programs, Projects and Activities RESOLUTION NO. ARA-174 - A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY DECLARING THAT THE AGENCY IS UNABLE TO SET ASIDE 20% OR LESS OF ITS 1994-95 TAX INCREMENT FOR LOW/MODERATE INCOME HOUSING DUE TO EXISTING AGENCY OBLIGATIONS, PROGRAMS, PROJECTS AND ACTIVITIES. SUMMARY: California State Assembly Bill AB265 requires that Redevelopment Agencies set aside 20% of their annual tax increment into a Housing Fund for low and moderate income housing. Twenty percent of the Arcadia Redevelopment Agency's tax increment is estimated to be $420, 000 in FY 1994-95. AB265 permits the Agency to make findings that it is not able to set aside all or part of _the 20% into the Low/Moderate Income Housing Fund if existing Redevelopment Agency obligations, projects, programs or activities in any fiscal year prior to FY 1996-97 do not permit such. Redevelopment Agencies are required to make findings annually regarding the availability of funds to be set aside in that fiscal year for the Low and Moderate Income Housing Fund. Resolution No. ARA-174 (attached) makes findings that due to the Agency's existing obligations, projects and activities (e.g. , the possible 210/Wash Project and Downtown Revitalization Program, Southwest Corner Project, Northwest Corner Project, bonded indebtedness, Economic Development Department operations and administration) , no funds can be set aside into a Low and Moderate Income Housing Fund for FY 1994-95. If this action is approved, a copy of the attached Resolution shall be mailed to the State Department of Housing and Community Development within 10 days after adoption. LASER IMAGED tn1 , • r (J DISCUSSION: The findings contained in Resolution No. ARA-174 have been made annually by the Agency since FY 86-87. Redevelopment Law requires that agencies begin spending money from their low /moderate income housing account in FY 96-97 or forfeit control of those funds. In light of this requirement and the passage of recent legislation (AB1290) , staff will be preparing a Housing Implementation Plan for Agency consideration before the end of the '1994 calendar year. Housing treatments which may be included in the Plan include: * contributing to the L.A. County Housing Authority for Section 8 rent subsidies, * senior citizen housing, * first time home buyer's loan program, * mortgage credit certificate program, * affordable housing rehabilitation programs, and * Inclusionary housing assistance program (participating in private home developments in exchange for sale or rental to low/moderate income families) . RECOMMENDATION: It is recommended that the Agency adopt Resolution No. ARA-174, A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY DECLARING THAT THE AGENCY IS UNABLE TO SET ASIDE 20% OR LESS OF ITS 1994-95 TAX INCREMENT FOR LOW/MODERATE INCOME HOUSING DUE TO EXISTING AGENCY OBLIGATIONS, PROGRAMS, PROJECTS AND ACTIVITIES. Attachments: Resolution No. ARA-174 Approved: DRC:dc /04 PG P2ui4 marw, w Walt r1711 Memorandum ,NC°RPORATO oA DATE: July 5, 1994 TO: Arcadia Redevelopment Agency FROM: Peter Kinnahan Assistant Community Development Director/Economic Development eBy: Dale Connors, Redevelopment Manager RE: Request to approve contract with KMPG Peat Marwick Background: In 1986 the Agency approved a Disposition and Development Agreement (DDA) with Stanley W. Gribble and Assoc. for the development of the 9 acre Southside project on Huntington (Cigna, AAA, 4 story office Olive Garden, Bennigan's, retail, etc. See site map. ) The DDA requires that six years after close of escrow (ie, November 11, 1993) the developer shall provide a complete financial report on the project's costs, revenues, profit, and other specified items to the Agency.. Based upon our review of this information, an appraisal of the 1993 market value of the property, and a mathematical calculation set forth in an attachment to the DDA, the developer may be required to pay an additional amount of money to the Agency up to a maximum of $938, 000. The DDA requires that this analysis be completed by one of the "Big 8" accounting firms and that the appraisal be completed by an MAI appraiser. The recommended company-KMPG Peat Marwick-meets both of these criteria. Previous consultant analysis: In 1988 the developer sold 52 ,700 square feet of the Southside site to AAA of Southern California. According to the DDA, this sale triggered a review of this transaction to determine whether the developer owed a proportionate share of the land sale proceeds to the Agency. To assist staff in analyzing the developer's 1988 financial report and verifying his project records, the Agency at that time forwarded a Request for Proposal to several "Big Eight" accounting firms. Based upon review of the proposals, the Agency awarded a contract to KPMG Peat Marwick. KPMG spent some time reviewing the Gribble project files at his office and setting up a computer program to analyze the data. They performed a financial review and determined that the Agency was owed_ no additional money from the land sale to AAA. . LASER IMAGED.vacA ' 1 Current Analysis: Because of KPMG's previous familiarity with this project, staff requested a proposal from them to review the developer's April 28, 1994 submittal of final project costs and revenues for the previous six years (less the AAA sale) . Staff requested that the consultant's work be in two phases. In Phase 1, the consultant would analyze the developer's submittal, physically verify a reasonable sample of project records at Gribble's office in Irvine to assure their accuracy, and apply the DDA formula using a range of reasonable capitalization rates for shopping center sales as of November, 1993 . If it was clear that the developer owed the Agency no money at either end of the range, the process would stop. If, however, it appeared that- the developer owed the Agency money, then Phase 2 would occur. - During this phase an experienced MAI appraiser would review the sales of 3 similar shopping centers in Southern California provided by the developer to determine their capitalization rate of this project in accordance with the DDA formula and apply the most reasonable rate to the facts. The developer has certain administrative and legal rights in the DDA to challenge the appraiser's report. Given the four year recession in the nation and particularly in Southern California, the major decline in area commercial property values, and the continuing vacancies in the 26, 000 square foot retail stores on the Gribble site, it is possible that the developer will not owe the Agency any money. An accurate and definitive third party statement cannot be made, however, until an analysis is made by an experienced financial consulting firm as set forth in the DDA. Fiscal Impact: KPMG estimates that the Phase 1 analysis will cost up to $10, 000. (This figure is based upon cooperation by Mr. Gribble in this process. ) Staff requests the addition of $1, 000 for contingency- Total $11, 000. Costs for Phase II, if a Phase II appraisal is in fact needed, will be the subject of a future separate estimate. Recommendation: That the Agency authorize the Acting Executive Director to execute an Agreement prepared by the Agency Attorney with KPMG Peat Marwick to provide financial analysis services of the Southside project per the 1986 DDA with Gribble and Associates, in the amount of $11, 000. litZ l Acting Executive Director a . t ARCADIA REDEVELOPMENT AGENCY CENTRAL REDEVELOPMENT PROJECT DEVELOPMENT STATUS [•LIB. ....C,' \.A ,, ■Lai - • Elsannatrar'4 IIIIIIII 11111111-1•11 ■•' -� i \ t tii � ii,..,... Y tom _, I r : : o \X a:rr.:M�y s.� `. COLOl1ADO w • LYD. IF' -'%• :.a..1 L O(1 7 14.11 *' � ° _ M'N �• `ice Ir• r 1• .')111: I _ 1 ''%' ` C• Santo Anita - =� ini==p o- Mill area Track :I1:1rr1:r- .•1: DUTY( '\-- 1415 16 •...% Arcade Raglans'Ma . \17 M•Aci ( ) . :`. 8.....19 . z***4. ( sr I BONITA PANIC ::: COMPLETED/UNDER /� POTENTIAL CONSTRUCTION 1 ENGINEERING SCIENCE A•1 NORTHSIDE(PARCEL D) 2 BOWEN BLDG. A•2 NORTHSIDE(PARCEL E) 3 AMERICAN TITLE CO. B NORTHWEST CORNER 4 ARCADIA MEDICAL CENTER C SOUTHWEST CORNER 5 ARCADIA CITI•CENTER 6 K.B.CONSTRUCTION 7 HTL BUILDING REDEVELOPMENT 8 JOHNS/KUHN BUILDING PROJECT BOUNDARY 9 EMBASSY SUITES ' 10 NORTHSIDE(RESIDENCE INN) 0 500 1000 11 NORTHSIDE(HAMPTON INN) 5194 12 NORTHSIDE(DERBY REST.PKG.) 13 NORTHSIDE(SOUPLANTATION) SCALE IN FEET 4 SOUTHSIDE(SPEC.RETAIL) 15 SOUTHSIDE(BENNIGAN'S) 16 SOUTHSIDE(OLIVE GARDEN) 17 SOUTHSIDE(AAA BLDG.) 18 SOUTHSIDE(SPEC.OFFICE) /1411111, 19 SOUTHSIDE(CIGNA) 20 LARMOR • n■ 1 RPM arcadla redevelopment agency