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HomeMy WebLinkAboutMay 17, 19940 A G E N D A Arcadia City Council Meeting May 17, 1994 Regular Meeting: 7:00 P.M. ACTION INVOCATION PLEDGE OF ALLEGIANCE ROLL.CALL Council Members Chang, Kuhn, Lojeski, Margett and Young CLOSED SESSION: GOVERNMENT CODE SECTIONS 54954.5 (C) AND 54956.9 (A) - WORKERS' COMPENSATION CASE OF VELASQUES V. ARCADIA TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT PER PERSON) SUPPLEMENTAL INFORMATION 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. PUBLIC HEARING 1. Consideration of Resolution No. 5790 declaring a public nuisance and order to abate for the property located at 533 Valido (Mary Card, Property Owner) - continued from May 3, 1994 -1- AGENDA 5 -17 -94 0 ACTION PUBLIC HEARING, continued RESOLUTION NO. 5790 - A Resolution of the City Council of the City of Arcadia, California declaring a public nuisance and ordering the rehabilitation of real property located at 533 Valido, Arcadia, and authorizing the Director of Finance to collect the cost for abatement, If abatement at City expense is required, per Sections 203 of the Uniform Building Code and Sections 9405.8 and 9406.3 of the Arcadia Municipal Code BOARDS & COMMISSIONS 1. Appointment to Human Resources Commission 2. Appointment to Senior Citizens' Commission MATTERS FROM ELECTED OFFICIALS 1. City Clerk report regarding complaint to Secretary of State filed by Mrs. Carole Ciraulo concerning the April 12, 1994 Municipal Election 2. City Council Reports /Announcements /Statements RECESS CITY COUNCIL MEETING OF THE ARCADIA REDEVELOPMENT AGENCY 1. ROLL CALL: Agency Members Chang, Kuhn, Lojeski, Margett & Young 2. CONSENT ITEMS: MINUTES of the May 3, 1994 adjourned and regular meeting. 3. ADJOURN to May 24 @ 5:30 p.m. RECONVENE CITY COUNCIL -2- AGENDA 5 -17 -94 ACTION CONSENT ITEMS 1. MINUTES of the April 26, 1994 Study Session and May 3, 1994 adjourned and regular meetings. 2. - Recommendation for Award of Contract for Re- roofing of the City Council Chamber Building - Job No. 546 3. Approval of plans & specifications and authorization to call for bids for the 1994 -95 Annual Slurry Seal Program - Various Streets - Job No. 580 4. Ratification of Workers' Compensation Settlement Authority Robert Duda 5. Recommendation for approval of plans & specifications and authorization to call for bids for various street resurfacing and the construction of asphalt pavement at Baldwin Reservoir facility - Job No. 543 6. Recommendation to purchase a street sweeper for the Public Works Department /General Services Division 7. Recommendation for final acceptance of rehabilitation of sewer main (at 1925 Tulip Lane) and remodeling the base of a sewer manhole (in front of 55 North Golden West Avenue) Job No. 538A 8. Approval of a resolution for the proposed vacation of El Monte Avenue between Duarte Road and Campus Drive RESOLUTION NO. 5793 - A Resolution of the City Council of the City of Arcadia, California approving a map and declaring the City's intention to vacate El Monte Avenue between Duarte Road and Campus Drive; directing the Clerk of the City Council to file said map in her office showing said street; reserving easements and rights -of -way to be expected; setting a Public Hearing thereon for June 21, 1994; and directing notice hereof to be posted and published 9. Approval of a resolution amending Resolution No. 5771 designating a delegate and alternate to the San Gabriel Valley Council of Governments -3- AGENDA 5 -17 -94 CONSENT ITEMS, continued RESOLUTION NO. 5795 - A Resolution of the City Council of the City of Arcadia, California, amending Resolution No. 5771 designating an Arcadia City Council Member and alternate member to the Governing Board of the San Gabriel Valley Association of Cities 10. Approval of a resolution and an introduction of an ordinance - establishing a Comprehensive City -Owned Tree Management Program RESOLUTION NO. 5794 - A Resolution of the City Council of the City of Arcadia, California, rescinding in part Resolution No. 5750 pertaining to the Arcadia Beautiful Commission and the establishment of a Comprehensive City -Tree Management Program ORDINANCE NO. 2006 - Introduction - an Ordinance of the City Council of the City of Arcadia, California, amending Part 2 of Chapter 1 of Article VII of the Arcadia Municipal Code regarding a Comprehensive Management Program for City -Owned Trees and establishing the Arcadia Beautiful Commission as the Arcadia Tree Commission 11. Approval of a resolution to recoup fees for cable television proposed reorganization and franchise renewal RESOLUTION NO. 5784 - A Resolution of the City Council of the City of Arcadia, California, authorizing the City of Arcadia to assess and recoup administrative, legal and technical costs to process the request by the cable television franchise holder for change of control and processing of franchise renewal and direct City Manager to negotiate conditions of approval CITY MANAGER Recommendation for Award of Contract Award - Council Chambers Improvement Project (Cable Television) -4- ACTION AGENDA 5 -17 -94 .k- CITY MANAGER, continued 0 11 2. Recommendation to retain a public relations firm for the Residential Recycling Program 3. Discussion regarding expansion of the Planning Commission from five (5) to seven (7) members CITY ATTORNEY 1. Claim of A. Dupree MATTERS FROM STAFF Reports /Announcements /Statements ADJOURN to May 24, 1994 @ 5:30 p.m. .5- AGENDA 5 -17 -94 n n r Memorandum May 9, 1994 To: Mayor and Members of the City Council From: Alex D. McIntyre, Assistant to the City Manager RE: Approval of Resolution No. 5795 Amending Resolution No. 5771 Designating a Delegate and Alternate to San Gabriel Valley Council of Governments The City Council needs to appoint, by Resolution, a delegate and alternate to the governing body of the San Gabriel Valley Council of Government. The recommended appointments are Councilmember Kuhn as delegate and Mayor Young as alternate. Backgrouad In February, 1994, the City Council approved the abolishment of the San Gabriel Valley Association of Cities and establishment of the San Gabriel Valley Council of Governments. Concurrently, the Council adopted Resolution No. 5771 designating a delegate and alternate to the COG's governing board. The delegate and alternate identified in Resolution No. 5771 are no longer members of the City Council. Recommendation It is recommended that the City Council adopt Resolution No. 5795 appointing Councilmember Barbara Kuhn as the delegate and Mayor Mary Young as the alternate to the governing board of the San Gabriel Valley Council of Governments. Attachment Approved: William R. Kelly, Acting City Manager M A "Oil 111 \� May 17, 1994 G /z0 ^- /D Memorandum TO: Mayor and City Council FROM: Alex D. McIntyre, Assistant to the City Manager Prepared By: Tamara S. Gates, Administrative Aides -- RE: RECOMMENDATION TO ADOPT RESOLUTION 5794 AND TO INTRODUCE ORDINANCE NO. 2006 - ESTABLISHING A COMPREHENSIVE CITY -OWNED TREE MANAGEMENT PROGRAM In order for the City to comply with the requirements to become a Tree City USA, it is recommended that the City Council adopt Resolution 5794, which rescinds Resolution 5750 establishing the Arcadia Tree Commission and a city-owned tree management program. Further, ,it is recommended that the City Council introduce Ordinance 2006 to designate the Arcadia Beautiful Commission as the Arcadia Tree Commission, and to establish a comprehensive city- owned tree management program, consistent with the requirements by the Department of Forestry and Fire Protection. The National Arbor Day Foundation, in cooperation with the U.S. Forest Service, State of California Department of Forestry and Fire Protection, and the National Association of State Foresters, recognizes towns and cities in the United States that effectively manage their public (city- owned) tree resources. In order to become a Tree City USA, the City must meet the following four requirements: 1. Develop a tree program and budget of $2.00 per capita for trees and tree care; 2. Create and appoint members to a tree board or commission; 3. Issue an annual Arbor Day Proclamation and observance; and 4. Adopt a tree ordinance, preferably modeled after the Tree City USA Model �bw Ordinance. LASER IMAGED Tree City,USA 1614W May 17, 1994 Page 2 TM The City's FY 1993 -94 operating budget for the maintenance of city-owned trees is estimated to be $8.86 per capita, which meets the first requirement for becoming a Tree City. In November 2, 1993, the City Council adopted Resolution 5750 which designated the Arcadia Beautiful Commission as the Arcadia Tree Commission, and established a comprehensive city- owned tree management program. The City Council also authorized the Mayor to sign a proclamation designating March 7, 1994, as Arbor Day. Upon the adoption of the Resolution and proclamation by the City Council, staff prepared the application to become a Tree City USA. On November 23, 1993, the State of California Department of Forestry and Fire Protection denied the City's Tree City application because a resolution was adopted designating a tree commission and establishing the tree management program instead of an ordinance. The City can resubmit the application to become a Tree City if the proper Ordinance is adopted. Attached is Resolution 5794, which rescinds Resolution 5750 establishing this program. In accordance with the requirements to become a Tree City, Ordinance 2006 (attached) designates the Arcadia Beautiful Commission as the Arcadia Tree Commission and establishes a comprehensive tree management program for city-owned trees. There is no anticipated fiscal impact as a result of the recommended City Council action. It is recommended that the City Council adopt Resolution 5794 and introduce Ordinance No. 2006 designating the Arcadia Beautiful Commission as the Arcadia Tree Commission and establishing a comprehensive city-owned tree management program. Attachments Approved: mk�l William R. Kelly, Acting City Manager �-� Memorandum •.% ���., oar May 17, 1994 TO: Mayor and City Council FROM: William R. Kelly, Acting City ManagerI SUBJECT: Expansion of Planning Commission from Five (5) to Seven (7) Members Council Member Dennis Lojeski requested this item be placed on the City Council agenda in order to discuss the possibility of increasing the number of Planning Commission members from five (5) to seven ( 7) . In 1987 Council Member Bob Harbicht suggested reducing the Planning Commission from seven (7) members to five (5) members due to a recurring attendance problem. As you will see from the attached minutes of the City Council meeting of June 2, 1987, Council voted to reduce the size of the Commission. An improvement in attendance did occur, probably because commissioners knew their individual presence would be necessary to ensure a quorum at each meeting. Additionally, reaching a consensus with five members was much easier than with seven and this was a direct benefit to the applicants and the projects coming to the Commission for approval as there were no unnecessary delays. The concern expressed at that time by Council Member Young regarding a 2 -2 vote being a potential delay factor has not been a problem. Staff will proceed as Council directs. Attachment Z- M LASER INIAGC M �iarrM✓ 'ou.� stated that he was very much encouraged by the report and that with three ready to go and several in planning stages, inte,'st j will be generated. Councilmember Young asked if work were ing on any buildings needing earthquake support. Staff repjit,4a that one of the buildings is on the list, but it costs a great deal and this money would not be available for that purpose, Report filed. 6c. PLANNING Consideration of reducing the number of Planning Commissioner COMMISSION from the present seven to five. Councilmember Harbicht had MEMBERSHIP originally brought this up for discussion as he felt five would REDUCTION be adequate and pointed out that the five Councilmembers over,, the entire City government ... that it would be a small step toward more efficiency, a little less demand on staff and a little less cumbersome process for the citizens to go through. J Discussion ensued with Councilmember Young stating, in part,t�y. one of her concerns was the possibility of having five members one might be absent and there would be a 2 to 2 vote ... this qs delay progress. She was also interested in the thinking of the City Council when it was decided to have seven members ... citid have different numbers. Councilmember Lojeski recalled that at the time this possibillp of reduction was brought up, it was because there was an atten* problem on the Commission. This has been straightened out nor- that, theoretically, five members could be appointed by one pomp Seven seem to have worked out well. He would prefer to stay n^ seven. Mayor Gilb said, in part, that the City Charter does not spa any specific number, but he felt the members should come fro walks of life and have some knowledge of bpilding. This isi most important commission. The problem of attendance has bel worked out and if it would improve efficiency, he would befi It could be on a trial basis. It was then MOVED by Councilmember Harbicht, seconded by COul member Chandler and CARRIED on roll call vote as follows that draw up the appropriate document for Council consideration r+ the Planning Commission from seven members to five. AYES: Councilmembers Chandler, Harbicht and Gilb NOES: Councilmembers Lojeski and Young ABSENT: None 6d. BOARD AND COMMISSION APPOINTMENTS ARCADIA BEAUTIFUL COMMISSION Reappointed James Green and Mary Hansen to 4 -year terms endi+ 6/30/91. (MOTION: Councilmembers Lojeski and Harbicht) Appointed Karen Benvenuto to 4 -year term ending 6/30/91 to replace Margaret Gale. (MOTION: Councilmember Lojeski and Mayor Gilb) LIBRARY BOARD Reappointed Doris Selmer to 4 -year term ending 6/30/91. (MOTION: Councilmembers Young and Harbicht). -4- 0,/// 7. CL SE JAM r, kDLt-sk, kv GEORGE J. WATTS CITY MANAGE! May 21, 1987 C7tkRM G GM3 MA10aPW TtMPUU 244 West Huntirran Dr.w I0GER CHANDLER • A n6a. Ca hkwnia 910064M R05nT C HAIWCMr (1114)374.M DE%'V. M A LOTESM CDC" s ■oraos MARY YOUNG MAYM TO: City Council FROMs Bob Harbicht RE: Planning Commission CHRJSTra VAS MAAXXN MY diii A few months ago I suggested that we reducer the number of members on the Planning Commission from seven to five. Since two members are about to complete terms on the commission I feel this would be an ideal time to do this. I, frankly, don't understand why the Planninq Comission has seven members in the first place. The City Council has only five and that seems to be an adequate number to oversee the affairs of the entire city government. I don't sere why it takes seven to ovwrsee just the Planning function. I think most of you would agree with r that gowrnent at all levels -- including the local level -- tends to be too cumbersome and inefficient. I see cutting the sist of this commission to be a small step toward moss efficiency is government. The result will be a little less demaad on staff and a little less cumbersome process foe one aitisssr to 90 through. We have a group of fine and dedicated planning CMML aioness• I am very confident that five of tI can quite adequately carry out the duties this Mmmissioe is charged with• I have asked Ceor90 to put this os th. asst 49Mds toe die" cussion. .q. g:► ....�� >34 . n n e TO: a VCM4"an2uft GEORGE J. WATTS, CITY MA.*IAGER 72 p1[; MICHAEL H. MILLER, CITY ATTORNEY SUBjI=; PLANNING COMMISSION MENBUSSIP 1hW May 22, 1957 Pursuant to your request for procedural iafoe action, the following is provided: 1. Arcadia City Charter Section 802 states, in part. that "the number of members of boards and commissions shall be specified by the Council .... • :his specification is accomplished by City ordinance which currently provides that the Planninq Commission shall consist of seven members. AMC Section 2251. This could be changed at any time byte City Council by trans of an ordinance amendment. As such, the cedioanee must be introduced followed by adoption 2 weeks later* and would be effective 30 days after adoption. 2. If an ordinance amendment is adopted, the following are alternative trans to establish the five msmber commissions a. Allow the existing terms to empire and maintain the board as constituted effective July It 1967. b. By a action of the City Council adopted by a majozitY terminate two commission aeabers. c. Rave the entire commission resign and toss seappoiat five members. 3. The seats held by Mr. ftVaCiC and M+=. knee espies Jbae 30, 1967. Mr. fte is ineligible for__seappppoi - -- -1 because he is cooel>adigq big second Less as a Coami ss ioner. MIDI s is xes William Woolard 9-0 Mr. & Mrs. Robert C. Harbicht ` 663 Gloria Road Arcadia, California 91006 May 13, 1994 TO: Arcadia City Council FROM: Bob Harbicht RE: Planning Commission Membership I understand that the Council has put on to Tuesday's agenda the consideration of increasing the membership of the Planning Commission to seven. I think this is a very poor idea and would like to present my thoughts for your consideration. The argument given in favor of increasing the membership goes something like, "we have a iot of qualified applicants, so we should increase the membership so we can appoint more of them." This argument should be rejected for two reasons: 1. The number of people selected to do a job should be based on the number required to do the job properly, not the number who want to do the job. 2. We, for example, have a lot of people who want to serve on the City Council (11 in the last election alone), but no one is suggesting that we increase the membership of the Council. The arguments in favor of keeping the Commission at its present five members are numerous. 1. The Commission is working very well now. I think we have an excellent Planning Commission. Their meetings are run efficiently, they are making well reasoned decisions, and their input has been very helpful to the Council in recent years. 2. I suspect the current Commissioners are quite happy with the number currently one the Commission. Why don't you ask each of them individually if they think more members are needed? I think their answers would be that things are working fine as things are. 3. Attendance has improved dramatically from when there were seven members. I think each Commissioner new recognizes his increased importance to the Commission and makes a greater effort to attend regularly. 1 *4w%w NO.001 4. Unfortunately, some elected officials love to build bureaucracies. This increase will slow down meetings and complicate things for the public. I think we should be looking for ways to streamline things for the public, not to make them more difficult. 5. While having more members is a way to get more people involved in the governmental process, it also dilutes the importance of each person's involvement. If a commissioner is only one - seventh of a commission, his /her contribution is obviously less important than if he is one - fifth. I know that when I was on the Planning Commission I thought it was silly to have so many commissioners. I also felt I was putting out a lot of time and effort for a relatively minor involvement. 6. There can be no argument made that more commissioners are needed for this commission to work properly. Five people seem to run the entire city quite well on the City Council, why would seven be needed to just take care of the planning function? In summary, I hope you will choose efficiency in government and stay with five members, rather than change to seven members as a way of "rewarding" more of the Councilmembers' friends with appointments to the commission. Please keep in mind that the purpose of the Planning Commission is to help and advise you on planning matters and the current arrangement is working very well. "If it ain't broke, don't fix it. - - ,!,1--„,,,,;,, //•, ,. , Memorandum 1 A 1 • \-c..----,,.RAtE�/ • May 17, 1994 . TO: Mayor and City Council /h` FROM: Joseph R. Lopez, Director P lic Works . Neal R. Johnson, Police Chie Gerald Gardner, Fire Chief By: Mohammad R. Mostahkami, Senior Civil Engineer ` Prepared By: Tom A. Shahbazi, Assistant Engineer SUBJECT:, Proposed Vacation of El Monte Avenue' Between Duarte Road and Campus Drive . Resolution No. 5793 Public Hearing to be Scheduled . Summary With the growth and reconfiguration of Arcadia High School, the Arcadia Unified School District is faced with a major problem and needs to increase additional space for , its facilities placement and staff/student automobile parking needs. The School District, over the past two years, has been working with the City to resolv this problem. Many ideas and alternatives were examined between the City staff and School District at various meetings. As a result, it appears that a solution which will meet the needs of the School -District may br found in the closure of El Monte Avenue from Duarte Road to Campus Drive' as shown on Exhibit "A" of the attached proposed Resolution No. 5793 . This Resolution has been prepared for the City Council's consideration declaring the City's intention to vacate El Monte Avenue from. nw.a c. Road to Campus Drive. Background With the inclusion of ninth grade students in the population at Arcadia High School, an increase in traffic 'congestion around the High School as well as the impact upon available parking around Campus Drive have been recognized. For the past two years several studies have been conducted by the City and School District .-staff to determine the best alternative for resolving the parki Ag i ss-ao. Various options as listed below were analyzed: 1. Closure of Campus Drive between Santa Anita Avenue and E1 - .Monte Avenue for conversion to a parking lot. LASER IMAGED • Mayor and City Council May 17 , 1994 Page two 2 . Reconfiguration of Campus Drive to diagonal parking on each side between Santa Anita Avenue and El Monte Avenue allowing one lane each for eastbound and westbound directions. 3 . Reconfiguration of Campus Drive to allow for parallel parking on the north and south side of the street and parallel :parking in the center of the street allowing one lane each for eastbound And westbound traffic. 4. Construction of multi-level carking in the west lot of the High School. 5. Acquisition of a strip of property inside the County Park Golf Course for conversion to a parking structure. 6. Vacation of El Monte Avenue from Campus Drive to Duarte Road. Closure or reconfiguration of Campus Drive (Options 1, 2, & 3) were found not to be feasible or acceptable since Campus Drive is a major roadway and carries considerable commuter traffic. Options 4 and 5 were also found to be unreasonable due to the cost constraints. Therefore, the only option which was studied by the staff that seemed -to be, least detrimental was the closure of El • Monte Avenue between Campus Drive and Duarte Road. The closure of El Monte Avenue would allow for the conversion of the entire area to a, parking lot. -- Discussion El Monte Avenue as shown on Exhibit "A" of the attached proposed Resolution is a forty-foot (40 ' ) wide (curb to curb) , two-lane collector roadway within a fifty-foot (50' ) right-of-way. Closure of El Monte Avenue would result in the diversion of traffic that normally uses this particular street to circulate around the High School campus. The primary use of this roadway is as a connector allowing traffic to pick several options in accessing or leaving the campus. Commuters also. use this connector as a shortcut in traveling to Holly and Huntington from Duarte Road or in making the transition from Campus Drive to Duarte Road. Closure of this segment of roadway would inhibit emergency vehicle access to the High School in a relatively limited fashion. The primary impact of this closure would be the likelihood that persons who wish to` •make• the transition between Campus Drive and Duarte Road will use Park Avenue, one block west of El. Monte Avenue. 1 / Mayor and City Council May 17, 1994 Page three Because this is a residential, area, increased vehicle flow could have a detrimental effect on the neighborhoods of Park ANIIenue (between Duarte Road and Campus Drive) and Fairview Avenue (between Park Avenue and Holly Avenue) . Most probably, the majority of persons who have used El Monte Avenue as a transition roadway will use Holly Avenue instead. The exception to this would be those persons who circulate around the High School in the morning or afternoon for the purpose of dropping off/picking up students. They would probably take the most expeditious route around the school, which would be Park Ave ue. It is possible to mitigate some use of Park and Fairview Avenues by posting signs that say "No Through Traffic" at each end. These signs would be advisory only to the traveling public as they are not enforceable regulatory. signs. However, because most drive±s do obey posted signs, this could reduce potential problems. Since the vacation of El Monte Avenue from Duarte Road to Campus Drive would be, in staff 's opinion, the least detrimental alternative (compared to other alternatives) , staff has preiared Resolution No. 5793 (attached) declaring the City's intention to vacate El Monte Avenue between Duarte Road and Campus Drive. Once this street is vacated, it will revert back to the underlying fee owner which, in this case, would be the Arcadia Unified SIchool District. Pursuant to staff' s communications with various utility companies only Southern California Edison Company and TCI Cablevlision requested easements be reserved for the operation and maintenance of their facilities. Part 3 of Division 9 of the Streets and Highways Code provides that the City Council may vacate a public street that is "unnecessary for present or prospective public street purposes". California Streets and Highways Code Section 8324 also requires that the City Council hold a public hearing prior to final approval of- any street vacation, after publication and posting of notices of the proposed intention of street vacation. Additionally, the City must reserve all easements requested by other agencies or utility companies for existing utilities within the street. If the City Council decides to proceed with the street vac tion, staff will prepare the necessary environmental documents incpudirg notices to all properties within a 300' radius of the subject street and to properties on both sides of Park Avenue (between Duarte Road and Campus Drive) and Fairview Avenue (between Park Avenue and Holly Avenue) . • \, Mayor and City Council May 17, 1994 Page four Fiscal Impact Due to the administrative time involved in handling the complete vacation process, it is staff' s suggestion that the School District reimburse the City for the costs involved. It is estimated that the administrative costs associated with vacating El Monte Avenue between Duarte Road and Campus Drive will be approximately $3 , 000. r Recommendations It is recommended that the City Council: 1. Adopt Resolution No. 5793 (attached) declaring the City' s Intention to Vacate El Monte Avenue between Duarte Road and Campus Drive. 2 . Set the date of June 21, 1994, for the Public Hearing on this vacation. 3 . Direct staff to include reimbursement of the City' s administrative costs by the Arcadia Unified School District in the Resolution ordering the vacation of El Monte Avenue. Approved: U14' L WILLIAM R. KELLY Acting City Manager. JRL:TASI:m to Attachments bs°Zo 5O Neil 5 .9-wc L. i �p/ S33 v / 'dia \r . May 17, 1994 TO: Mayor and City Council p _ FROM: Donna L. Butler, Assistant Community Development Director/Planning Gerald Gardner, Fire Chief5EN- Roy Streete Acting Assistant Community Development Director/ Building l r SUBJECT: Consideration of Resolution 5790 declaring a public nuisance and order to abate for the property located at 533 Valido Road, Arcadia SUMMARY This hearing has been scheduled pursuant to Section 1101(b) of the 1991 Uniform Housing Code, Section 9406 of the Arcadia Municipal Code (A.M.C.), Section 203(a) of ' the Uniform Building Code and Section 401 of the Abatement of Dangerous Buildings Code to allow the City Council to determine what action is necessary to abate the violations set forth in this report which were cited on the property at 533 Valido Road including: The Notice of Public Hearing and Order. to Abate setting forth the date for public hearing on May 3, was hand delivered to the property owner, Mary Card, on April 20, and was faxed on April 19 to California Federal Savings and Loan the company who holds title on the property. In addition, copies were mailed to both parties and posted on the property. The hearing was continued from the May 3, 1994 City Council meeting to tonight's meeting in order to allow the property owner and her attorney an opportunity to review the case. Because staff was recommending the continuance, a letter indicating staffs recommendation for continuance was hand.delivered to the property owner, Mary Card on May 2 and faxed to California Federal Savings and Loan. Notices were also mailed to each of them and the property was posted with the letter of continuance noting the date for the rescheduled hearing. LASER IMAGED • Mrs. Card has not been allowed to live in the house since the property was post as unsafe; however, she has been permitted limited access to remove clothing and other personal items. Building and Housing Code Violations Section 8130.1, sub-section 203(a) of the Arcadia Municipal Code reads: "every building which has any of the conditions or defects hereinafter described shall be deemed to be dangerous or unsafe." The house is unsafe because of the following: 1. Sub-section 203(a)(1). "Whenever any door,passageway or stairway is so arranged as to not provide safe and adequate means of exit in case of fire or panic." Facts: Boxes, clothing and miscellaneous articles are obstructing and/or hindering access throughout the living room, downstairs hallway, rear family room and stairway and hallways to the second floor bedrooms. 2. Sub-section 203(a)(2). Whenever the walking surface of any passageway or stairway is warped,worn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. Facts: The stairway to the second floor is cluttered with boxes, magazines, clothing and miscellaneous items which prohibits safe passage up and down the stairs. 3. Sub-section 203(a)(4). Whenever any portion has been damaged by any cause to such an extent that the structural strength of stability is less than the minimum requirements of new buildings with similar purpose. Facts: The house was constructed in 1948. According to the,City's records, the wood shingle roof has never been replaced. The roof is dilapidated and there are several holes in it, exposing the house to the elements for the past few years. The second floor ceiling in the west bedroom has collapsed as a result of rain and has warped the second floor in its entirety. Water damage has also caused considerable fastener damage to the second floor bedroom ceiling and the first floor kitchen ceiling. These ceilings could collapse because of the fastener damage! 533 Valido Road May 17, 1994 Page 3 • In addition, Section 1001.(a) of the 1991 Uniform Housing Code states that "any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Code....in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby...declared to be substandard buildings". In addition to the above violations, the following are also violations of the Housing Code: 1. Section 1001.(b)5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. Facts: There is no gas to the house and, therefore, no running hot water to, the plumbing fixtures. 2. Section 1001.(h)2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. Facts: Both the exterior walls and the roofs are deteriorated. The exterior wood walls lack proper weather proofing as a result of peeling and lack of paint; the roof has deteriorated to such a point that there are holes exposing the structure to the elements. -3. Section 1001.(k). Hazardous or Unsanitary Premises. The accumulation of weeds,vegetation,junk, dead organic matters, debris,garbage,offal,rat harborages, stagnant water,combustible materials and similar materials or conditions on a premises constitutes a fire,health or safety hazards which shall be abated in accordance with the procedures specified in Chapter 11 of this Code. Facts: The house is unsanitary; as noted above there are dead rats and feces in both the upstairs and downstairs; rat droppings are throughout the house; debris, combustible materials and other items are 3 to 4 feet in height throughout the house. Fire Code Violations The structure is in violation of the Uniform Fire Code Sections 2.101(a) and 2.201(b) referring to unsafe buildings and structures. 533 Valido Road May 17, 1994 Page 5 has made an inspection of the property to review the damage and determine w at is covered by her insurance policy. Mrs. Card qualifies for the City's Home Improvement Program which would ow up to $10,000 for home improvement. The cost for demolition of the house could range from $5,000 to $10,000. Alternatives The following is a list of alternatives which the City Council may consider: 1. Determine that the property is not a public nuisance and take no further action. Pros: No further action is required by the City and there is no fiscal impact on the City. Cons: This determination does not resolve the problem. The house cannot be occupied and the public nuisance still exists. �.. 2. Determine that demolition of the house is the most appropriate action. The cost for demolition would be approximately $5,000 to $10,000. Pros: • Demolition would be much less expensive than repairing the hpuse. • Demolition would eliminate the property maintenance problem and any future problems with the property. Cons: • The property owner would not have a place to live. 3. Allow the property owner to secure the appropriate financing and bring the property into compliance over a period of time. Pros: • The City would not be responsible for having the repairs done or the related costs for the repairs. • The repairs can be done within a time frame acceptable to the property owner. Cons: • The repairs could take a long time because of the property owner's limited funds. • This alternative does not adequately address elimination of the property maintenance problems.. • The property owner would not have a place to live until the necessary repair work is completed. 533 Valido Road May 17, 1994 Page 7 In lieu of repairing and rehabilitating the house, the property owner has the option to demolish the house. ACTION The City Council should open the hearing and receive public input. Based upon the evidence presented the Council should: 1. Determine that the property is not a public nuisance and take no further action, or 1. Determine that a public nuisance exists and adopt Resolution 5790, a resolution of the City Council of the City of Arcadia, California, dedaring a public nuisance and ordering the rehabilitation and/or demolition of real. property located at 533 Valido Road, Arcadia, California, and authorizing the Director of Finance to collect the cost for abatement, if abatement at City expense is required, per Sections 203 of the Uniform Building Code and Sections 9406.8, 9406.5 and 9406.3 of the Arcadia Municipal Code. Attachments: Resolution 5790 Notice of Public Nuisance and Order to Abate including Exhibit A May 9 report from the Fire Department Photographs of the property Approved by: William R. Kelly, Acting City Manager 533 Valido Road May 17, 1994 Page 9 RESOLUTION NO. 5790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION AND/OR DEMOLITION OF REAL PROPERTY LOCATED AT 533 VALIDO ROAD, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 203 OF THE UNIFORM BUILDING CODE AND SECTIONS 9406.8, 9406.5,and 9406.3 OF THE ARCADIA MUNICIPAL CODE. WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 3, 1994, determines that the real property located at 533 Valido Road, Arcadia, California, exists in a condition which violates various sections of the Arcadia Municipal Code and Uniform Code as set forth in the attached documents, induding the City staff report dated May 17, 1994, incorporated as part of this Resolution; and WHEREAS, said Council finds that Mary Card is responsible for the maintenance and condition of the property, which includes the real property and improvements located at 533 Valido Road, Arcadia, California, more particularly described as follows: Lot 29 of tract 12900 as per map recorded in book 262 pages 47 and 48 of map in the office of the County Recorder of Los Angeles County WHEREAS, other than Mary Card, there appears to be no other person( ) in real or apparent charge and control of said premises; and WHEREAS, this Council, in accordance with the provisions of the above referred to code sections, can issue an Order to said responsible parties to either repair, rehabilitate, demolish or otherwise bring said property into compliance with the provisions of the applicable codes; and -1- 5790 SECTION 5. That the Building Official shall keep an account of the cost of such rehabilitation or demolition and shall render an itemized statement in writing to the City Clerk pursuant to Arcadia Municipal Code Section 9406.3 After the filing of this statement the City Clerk shall commence assessment procedures pursuant to Arcadia Municipal Code Section 9406.4 et. seq. SECTION 6. That the total cost for abating the conditions of the above premises as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and shall be collected as set forth in Arcadia Municipal Code Sections 9406.5., 9406.3, 9406.6 and/or 9406.9. SECTION 7. That the City Attorney shall obtain whatever Court Order or warrants are necessary as a prerequisite to abating subject public nuisance on private property. SECTION 8. That the City Clerk shall certify to the adoption of this Resolution and that the Building Official shall cause it to be appropriately poste and served, and shall further cause a copy of the same to be forwarded to the City Council of the City of Arcadia. Passes, approved and adopted this 17th day of May, 1994. Mayor of the City of Arcadia , ATTEST: City Clerk of the City of Arcadia -3- 5790 • r April 20, 1994 Mary Card 533 Valido Road • Arcadia, CA 91007 PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL TUESDAY, MAY 3, 1994 COUNCIL CHAMBERS OF ARCADIA CITY HALL 240 WEST HUNTINGTON DRIVE,ARCADIA NOTICE AND ORDER OF THE BUILDING OFFICIAL TO ABATE,REPAIR,REHABILITATE AND/OR DEMOLISH BUILDINGS 533 VALIDO ROAD,ARCADIA SUBJECT PROPERTY: 533 Valido Road, Arcadia LEGAL DESCRIPTION: Lot 29 of Tract 12900 as per map recorded in Book 262, Pages 47 and 48 of Maps, in the Office of the County Recorder of Los Angeles County. Notice is hereby given that the dwelling on the aforementioned property is substandard in accordance with Sections 1101(a) and (b) of the 1991 Uniform Housing Code,Section 203(a) of the Uniform Building Code as amended by the City, and Sections 9405.1.,9405.(2),9405.(3)(a)(1-4),9405.(11),9405.(12),9405.(15),94054.(a), 9405.1.(b), 9405.1.(c),9405.1.(e), and 9406, of the Property Maintenance Code. The specific violations are set forth in attached Exhibit A . Pursuant to Section 1101(b) of the 1991 Uniform Housing Code and Section 8130.1(b) of the Arcadia Municipal Code, you are hereby notified that a public hearing will be held by and before the City Council on Tuesday, May 3, 1994 at 7:30 p.m. in the Council Chambers of Arcadia City Hall, 240 West Huntington Drive, Date: April 13, 1994 To: File From: Julie A. Clift, Code Enforcement Officer Subject: 533 Valido, Arcadia Ms. Mary B. Card Any of the following listed conditions on real property are substandard in accordance with the Arcadia Municipal Code, Sections: 9405.1.: Any condition which is maintained in violation of or in noncompliance with any regulation of'the Arcadia Municipal Code. 9405.(2): Any unsafe building or structure as defined by Section 203 of the Uniform Building Code. The home is being maintained with rat infestation, rat carcass', a hole in the ceiling, loose delapidated plaster, faulty ineffective waterproofing, and weather protection in that the door and windows do not seal properly, and deteriorated roof coverings. 9405.(3)(a)(1-4): Faulty weather protection, deteriorated, crumbling plaster, ineffective waterproofing, defective weather protection, and deteriorated roof coverings. There-is a hole in the ceiling/roof in an upstairs bedroom, which has been open to the elements for some time, causing deteriorated plaster from the water damage to the inside of the home, all of the windows and front door do not seal correctly. 9405.(11): Refuse, rubbish, garbage, offal, animal excrement or other waste material which is not disposed of properly. There was several areas inside.the home which had feces, there is rat infestation, we found two rat carcass', and there is clutter in the home in some areas reaching three to four feet in height. 9405.(12): Lack of maintenance of buildings out of harmony with the maintenance standards of adjacent properties. The outside of the home is being maintained with weathered peeling woodwork. ffiIBIT A - 1 April 18, 1994 • FROM: William Tarin, Building Inspector TO: Julie Clift Arcadia Code Enforcement Officer SUBJECT: Ms . Mary Card 533 Valido Arcadia, California REFERENCING: A . M. C. Section 8130 . 1 and its amendments to the 1991 Uniform Building Code. Dear Julie . This correspondence will describe the building code violations that exist at 533 Valido and will quote the supporting A.M. C. sections that apply . As mentioned in A .M. C. section 8130 . 1 sub-section 203(a) : "EVERY BUILDING WHICH HAS ANY OF THE CONDITIONS OR DEFECTS HEREINAFTER DESCRIBED SHALL BE DEEMED TO BE DANGEROUS OR UNSAFE. " SUB-SECTION 203 ( a) ( 1 ) Reads ; Quote: "WHENEVER ANY DOOR, PASSAGEWAY, OR STAIRWAY IS SO ARRANGED AS TO NOT PROVIDE SA AND ADEQUATE MEANS OF EXIT IN CASE OF FIRE OR PANIC. " Ms. Card has violate this sub-section by not removing, storing, or arranging various articles, she has retained these articles over the past seven years , in such a manner that one cannot physically walk through the home without falling or grasping for support . This arrangement is apparent at the front door interior entrance, through out the living room, in the down stairs hallway, the rear family room and at the bottom of the stairway to the second fluor bedrooms. SUB-SECTION .203(a ) (2) . Reads; Quote "WHENEVER THE WALKING SURFACE OF ANY PASSAGEWAY OR STAIRWAY IS WARPED, WORN, OR OTHERWISE UNSAFE AS TO NOT PROVIDE SAFE :AND ADEQUATE MEANS OF EXIT IN CASE OF FIRE OR PANIC. " The stairway to the second floor is cluttered with various boxes, magazines, clothing, etc. This does not allow safe passage up or. down the stairs. SUB-SECTION 203( a) ( 4 ) . Reads; Quote : "WHENEVER ANY PORTION HAS BEEN DAMAGED BY ANY CAUSE TO SUCH AN EXTENT THAT THE STRUCTURAL STRENGTH OF STABILITY IS LESS THAN THE MINIMUM REQUIREMENTS OF NEW BUILDINGS WITH SIMILAR PURPOSE. " Page : 1 ffiIBIT A — 3 1 April 13, 1994 Mary Card 533 Valido Arcadia,CA 91007 SUBJECT: 533 Valido NOTICE TO ABATE TO THE OWNER,AGENT OF THE OWNER,LESSEE,OCCUPANT,OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: YOUR ATTENTION IS HEREBY CALLED to the provisions of Section 203 of the Uniform Building Code and Section 9405 of the Arcadia Municipal Code, eft al, on file in the office of the City Attorney in the City Hall. Pursuant to the provisions of said sections, you are hereby notified that the conditions set forth in attached Exhibit A on the above-described property are in violation of the Arcadia Municipal Code: You are therefore notified at once, and in any event within ten (10) days from the date of this notice, to commence abatement of the above specified conditions. Such actions must be completed within the time set forth in the notice and thereafter you must maintain the said premises free of any of the unlawful conditions described above. In the event you shall fail to either commence or complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefore will be a lien upo t the said premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk in the event that the sidewalk is to be cleaned. The said property is situated in the City of Arcadia,Los Angeles County, - California,on premises located at 533 Valido, described as Lot 29 of Tract 12900. ' ) 0µy 7: in--, ert. , ‘. 4 9,,,....)v,., ,,,,,..1 ,.... . .,„_. .,, ,, . ,_ . . , . ,,. • g.. ,:.4.;,„..... .." FIRE DEPARTMENT 710 S. Santa Anita Avenue . GERA!_n R.GARDNER FIRE,CHIEF Arcadia, California 91006 May 9, 1994 {R141 574-5100 RE: 533 Valido SOURCE OF ACTIVITY On March 29, 1994 at 0957 hours, I was dispatched to 533 Valido to meet with Arcadia Police and Code Enforcement representatives. DESCRIPTION Upon my arrival at 1018 hours, I observed a two story single family dwelling constructed of wood siding on the front, sides and rear of the structure. Located to the front of the structure was an attached two car garage constructed of wood frame and wood sides. The roo of the structure was constructed •of wood shake shingles. OBSERVATIONS An exterior examination of the structure found the need for paint and repair to a deteriorating patio cover to the rear of the structure. The shake shingle roof also showed signs of deterioration. I entered the structure with Julie Clift, Code Enforcement. The front door was obst acted, restricting initial entry to approximately 2 1/2 feet. Once inside, movement was severely invited due to excessive buildup of rubbish and combustible materials throughout the house. Mo''ement was possible only in a "single file" manner. The stairway was blocked with boxes and other combustible materials. Multiple extension cords were being used to run two (2) space heaters in the front room. I performed an inspection of the upstairs portion of the structure and found similar conditions to those downstairs. I also noted the ceiling was badly damaged, to the extent that large holes extending through the roof had allowed rain and debris to enter tilt structure. The floor in the upstairs bedrooms also showed signs of deterioration. CONCLUSION This home is a high fire hazard due to improper storage of combustible material. If a structure fire occurred in this dwelling, it would be unsafe to enter due to the condition of the upstairs ceiling/roof and bedroom floors. A medical aid would be nearly impossible to effect due to restricted entrance/exit and hazardous conditions. - VECTOR C 'ROL OFFICIAL INSPECTION P RT - COUNTY OF L.d ANGELES- DEPARTMENT OF HEALTh ..VICES • • PUBLIC HEALTH PROGRAMS &SERVICES- ENVIRONMENTAL HEALTH r DBA -j-(,(€ e- G I` ! owit[ ] ocCUPArT[A1 Ara C/V7 L 4. ZJF6rccAt, LOCATION OF VIOLATION 5 3 3 uoir / l o6 , 1 Ay- 41,ziai, . MAIIB'1G ADDRESS cQ (7/0 Ce1/4/4Z44 '11“/M -Jib/1 1 J 1 re,o-�-f/L li/ ' .,t . 1 TYPE OF ESTABLJSHMFXT—> HOUSING SFD[ 1 :MFD[ ] UNITS? : GTHE DATE 3 121/7 y YOU ARE HEREBY DIRECTED TO:(See checks below) ADDtrIONAL COMMENTS&INSTRUCTIONS: nunate rat�(] : mouse [ ] infestation from the premises. Kee( 01 So X/ 4- Al -71' e Eliminate other pests such as fleas[ b cockroaches[ J, lice [ 1. �'7/,/�J/�,�j/eft. 49- I Z. mosquitos[ ],other( ] from the premises. A� -�i'( f� (�cr� �(�1-� Install,where necessary, approved l/4' mesh screens over foundation vents, attic vents,and crawl holes to prevent the entrance of rodents. `i feCi 1 a4 ( A//0 Gil `/‘6( Cover other exterior openings of l/2'or more such as pipe holes[ J, `, beneath doors( ], other[ ]to prevent rodent entrance. 7�/e4 �•-4 /41'I ti tiEliminate other rodent arborage conditions such as piles of debris( ], No xceseive vegetation[ 1, rodent burrows[ I. other 1 1. Elevate salvageable.(such as woodpiles)a minimum of 18'above the ground with a clear.pace underneath and away from walls and fences. Provide approved fly screens over all openable windows. Eliminate fly breeding material and harborage from the premises. 5Garbage,refine,and other putrescible matter must be stored in fly proof and water tight containers equipped with tight fitting lids and removed from the premises at least once a week. Remove all cast-offs and other unsalvageable.from the premises. Store outdoor pet foods in rodent proof containers with tight lids '3( Repair the interior and exterior[ ] structure. Other(See comments). I This Official Inspection Report indicates violations of State and/or local laws including California Has ,. • ode;Los Angeles -• . Code Title I1,Health &Safety; Los Angeles County Public Health Ordinance 7583 &various municipal codes. OFFICE ADDRESS AND PHONE RECEIVED BY: 4 •` # / 1 VECTOR CONTROL/ALHAMBRAHEALTH CENTER ;Po. I/ ;.v/ � i 612 WEST SHORB STREET i a HEALTH M t.LI•?: MT.Z.t.CA 9I£43 � ♦( --o f'-... . . ._<D OR(%1^)U1-4048 of 4• >!• r 1 : 1 CORRECTION DA -- /� I " Y RODENTICIDE RELEASE PERMIT I hereby request, acknowledge, consent and authorize to the use, by the Coenty of Los Angeles Departs of Health Services, of roA-4^ides on or within my property for the control of rats and mice. The Mards,risks and potential dangers connected with the use of th dtnticides have been fully explained to ten and I have had an opportunity to have my , -. • answered. I understand that children, food, dogs,cats and other animals mush be kept hum this Yodentitcide. Having been , -41ro the hazards, riairs and -, °:. dangers coonected with the use of this rodenticide,I hereby release from all liability and responsibility ,• era;, • of Los - its o -- . agents and employees from any and all liability on account of the aforesaid use of rod�cides. iiiii `, I TYPE&AMOUNT OTC CJ!_ 1 h / r,`.' : ' 1111.11. V� •• low may° H-2954 78V50 04-92