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
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AGENDA 5 -17 -94
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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
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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)
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ACTION
AGENDA 5 -17 -94
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CITY MANAGER, continued
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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.
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AGENDA 5 -17 -94
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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
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"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
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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).
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GEORGE J. WATTS
CITY MANAGE!
May 21, 1987
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244 West Huntirran Dr.w I0GER CHANDLER •
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(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.
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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
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\-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
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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.
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S33 v / 'dia
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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,.,
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,:.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