HomeMy WebLinkAboutJuly 5, 1994,, ~ • -
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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
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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
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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. _
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6. Recommendation to finalize Notice of Equalization of Assessment
- 331 East Haven.
-3- AGENDA 07105194 "
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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
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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
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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:
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WILLIAM R. KELLY
ACTING CITY MANAGER
c: Donna Butler, Planning
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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
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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:
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,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
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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
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ARCADIA REDEVELOPMENT AGENCY
CENTRAL REDEVELOPMENT PROJECT
DEVELOPMENT STATUS
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( 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
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RPM arcadla redevelopment agency