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HomeMy WebLinkAboutMay 3, 1994. . Arcadia City Council Meeting May 3, 1994 Regular Meeting: 6:30 P.M. ACTION INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members Chang, Kuhn, Lojeski, Margett and Young PRESENTATION Arcadia Beautiful Awards BRIEF RECESS AND RECEPTION SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON - PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT PER PERSON) MOTION: Read all ordinances and resolutions by title only and waive reading in full. -11- AGENDA 05/03/94 0 `J ACTION PUBLIC HEARINGS Consideration of Resolution 5789 declaring a Public Nuisance and order to abate for the property located at 331 East Haven (David Hsiao & Karen Chen, Property Owners) RESOLUTION NO. 5789 - 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 331 E. Haven, 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 9405.8, 9405.5, and 9406.3 of the Arcadia Municipal Code. 2. Consideration of Resolution No. 5790 declaring a Public Nuisance and order to abate for the property located at 533 Valido (Mary Card, Property Owner) 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, 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 9405.8, 9405.5, and 9406.3 of the Arcadia Municipal Code. 3. Request for a Variance to the Swimming Pool Regulations Relating to Fencing Around Pools - 400 North Old Ranch Road (Alan & Jean Fohrer, Property Owners) 4. Consideration of Text Amendment 94 -001, to permit the Modification Committee to consider modification requests for converting existing attic space into second -story living space within single - family residence. -2- AGENDA 05/03/94 0 • ACTION MATTERS FROM ELECTED OFFICIALS Reports /Announcements /Statements RECESS CITY COUNCIL MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Kuhn, Lojeski, Margett & Young CONSENT ITEMS: 1: MINUTES of the March 15, April 5 and April 19, 1994 adjourned and regular meetings. 2. Disclosure of financial interest in Redevelopment Project Area for Redevelopment Agency Member Barbara D. Kuhn (as required by Health & Safety Code Section 33130) DESIGN REVIEW 1. Angel's Diner & Bakery, 101 West Huntington Drive, (Vircorp, Applicant) ADJOURN: To May 10 @ 5:30 p.m. RECONVENE CITY COUNCIL CONSENT ITEMS 1. MINUTES of the March 15, 1994, April 5, 1994 and April 19, 1994 adjourned and regular meetings. -3- AGENDA 05/03/94 CONSENT ITEMS, CONT. 2., Recommendation for Acceptance of the Supervisory Control and Data Acquisition (SCADA) Telemetry System (Work Order #692) which Automatically Controls the Operation of the City's Water System 3. Recommendation to Purchase and Install Temporary Modular Building for Police Department 4. Recommendation for Award of Contract - Reconstruction of Deficient Concrete Sidewalk and Installation of Root Barrier at Various Locations, Job No. 544 5. Disclosure of financial interest in Redevelopment Project Area by City Council Member Barbara D. Kuhn (as required by Health_& Safety Code Section 33130) 6. Recommendation to approve Resolution No. 5792 Adopting the City of Arcadia Transition Plan and Self- Evaluation consistent with the Americans with Disabilities Act of 1990. RESOLUTION NO. 5792 - A Resolution of the City Council of the City of Arcadia, California Adopting a Transition Plan and Self Evaluation Pursuant to Title II of the Americans with Disabilities Act of 1990 CITY MANAGER 1. Recommendation to Approve Plans and Specifications, Adopt Resolution No. 5787 Consenting to Los Angeles County Jurisdiction, Authorize Execution of Cooperative Agreement, and Authorize Retention of Certified Arborist for the Orange Grove Avenue Improvement Project RESOLUTION NO. 5787 - A Resolution of the City Council of the City of Arcadia, California, consenting to establishment of portion of Orange Grove Avenue within said City as a part of the System of Highways of the County of Los Angeles -4- ACTION AGENDA 05 /03/94 • i ACTION CITY MANAGER, CONT. 2. Designation of The League of California Cities Selection of Delegate to the South Coast Air Quality Management District Board of Directors CITY ATTORNEY 1. Recommendation to Approve Settlement Agreement between Beazer West Cement Company, City of Arcadia and San Gabriel Valley Water Company 2. Claim of G. Alfaro, Jr. by Mr. & Mrs. Alfaro 3. Claim of J.S. Rosolanka 4. Claim of F. Vijeh 5. Claim of R. Ridgway MATTERS FROM STAFF Reports /Announcements /Statements ADJOURN in Memory of Mrs. Florence L. Anderson to May 10, 1994 @ 5:30 p.m. -5- AGENDA 05/03/94 Sao, Memorandum a DATE: May 3, 1994 TO: Mayor and City Council FROM: William R. Kelly, Acting City Manager SUBJECT: SOUTHERN CALIFORNIA AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS The following information is provided in order to assist you in selecting a candidate for endorsement to the Southern California Air Quality Management District Board of Directors. Brief, biographical information is attached. The candidates for consideration are: Laura Blakely, Council Member, City of Monrovia Joan Feehan, Council Member, City of La Canada - Flintridge Lou Perez, Council Member, City of La Puente Nell Soto, Council Member, City of Pomona As previously noted, Christina Cruz - Madrid from City of Azusa was originally a candidate. Ms. Madrid recently withdrew her candidacy and now supports Laura Blakely, City of Monrovia. LASER RAGED M March 3, 1993 Dear Mayor and Councilmembers: The League of Cities is ready to vote once again to fill the AQMD seat being vacated in the Eastern Sector. I believe there are very important matters to be addressed by the League's new representative. First, the AQMD's regulatory zeal needs to be tempered by the pressing need to create jobs and stabilize the economic base of our cities. Second, the AQMD Board needs to back up their pro- business rhetoric with concrete actions that demonstrate their willingness to keep business from relocating out of the basin. Third, the Air Quality Management District Board should make it a practice to require independent analysis of the socio- economic impacts of their proposed rules and regulations, and they should routinely review the real impacts and emission reductions of rules and regula- tions one year after they are adopted. Fourth, the AQMD needs to vigorously pursue the reduction of auto emissions, which account for 80% of total emissions, in order to equitably distribute the burden of cleaning our air. Finally, I believe the air district must be held accountable for its regulatory and revenue raising decisions. The above are some of the items that I feel we must address. As your representative, I pledge to energetically represent the interests of Los Angeles County's cities in each and every action of the South Coast Air Quality Management District. Thank you very much for your support throughout this whole process. ncerely, NELL SOTO VOTE for a PROVEN AND EXPERIENCED LEADER NELL SOTO for the AQMD BOARD OF DIRECTORS Six -year Member of SAN GABRIEL VALLEY ASSOCIATION OF CITIES TREASURER - 1989 SECRETARY - 1990 VICE PRESIDENT - 1991 PRESIDENT - 1992 Accomplishments during tenure as a Member of the Board * Initiated efforts to create a Transportation Committee and an Environmental Concerns Committee * Participated in the formation of a Waste -by -Rail Committee and as a Member addressed the need for San Gabriel Valley Cities to participate in the Wast• -by -Rail Committee * Participated in the Lobbying for the Cities during the Budget Sessions in Sacramento two years in a row * As President, created the busiest committees since the creation of San Gabriel Valley Association of Citiess - Anti Gang vandalism Committee Workshop - The Transportation Committee took more active positions on issues of transportation concerning the San Gabriel Valley - Responsible for acquiring a $450K grant from SCAG to conduct the creation of the San Gabriel Valley Sub - Regional plan that is now being presented to the cities for conceptual approval, a plan that will certainly assist the cities of the San Gabriel valley to be able to control our own destiny AS A MEMBER OF THE CONTRACT CITIES LEGISLATIVE COMMITTEE I BROUGHT TOGETHER TH8 LEADERS OF THE LEAGUE OF CITIES /LOS ANGELES DIVISION .AND THE CONTRACT CITIES ASSOCIATION TO DISCUSS WORKING TOGETHER AS A UNIT FOR THE BENEFIT OF ALL CITIES A MEMBER OF THE LOS ANGELES DIVISION OF THE LEAGUE TRANSPORTATION COMMITTEE FOR SIX YEARS A MEMBER OF THE NATIONAL LEAGUE OF CITIES TRANSPORTATION COMMITTEE BIOGRAPHY NELL SOTO Nell has spent a lifetime in volunteer service to her community. while raising six children and assisting her husband, Phil, in operating his television sales and service business for 1S years, she chaired a myriad of charitable activities ranging from the Heart Association to Easter Seals, to the Community Life Commission and Mothers Against Gangs. During that period, she also operated her own retail apparel shop and put all six Soto children through college. Nell even found time to manage Phil's political career, serving as a full -time volunteer staff member during his tenure in the State Legislature. capitalizing on her experience meeting a payroll, organizing volunteers, building coalitions and fundraisinq, Nell decided to launch her own political career and ran successfully for Pomona City Council in 1989. She was re- elected in 2992. Professionally, Nell Soto has served as a Public Affairs Representative for RTD and MTA. Her responsibilities have included organizing a public /private partnership to promote an extensive anti - graffiti program and securing the endorsement of numerous City Councils for the air quality goals of the sus Electrification Plan. She also organized a multi - agency commitment to find a sorely- needed parking structure at the E1 Monte Busway Station. As a City Councilwoman, Nell has further demonstrated her ability to balance competing interests in seeking solutions to important public issues. She campaigned successfully for a special S -year Enterprise zone designation to bring more business and jobs to Pomona. She championed the quadrupling of the number of Project Areas to expedite Redevelopment and she spearheaded the adoption of a unique Billboard Replacement Ordinance to replace old inner -city billboard structures with freeway- oriented signs on a four -to -one basis. She also led the fight to stop the construction of a waste incinerator near the city borders. Nell Soto's career has been marked by her commitment to effective problem solving. She has long recognized the need to balance economic considerations and environmental progress. Nell hopes to bring this same energetic representation to the Los Angeles County Cities as their newest representative on the south Coast Air Quality Management District. BIOGRAPHY NELL SOTO Member, Pomona City Council Councilmember, City of Pomona Home Address: P. O.Box.660 1214 North Huntington Pomona, CA 91769 Pomona,CA 91768 (909) 620 -2051 (909) 620 -1240 Public Affairs Representative 425 South Main Street Los Angeles County Metropolitan Los Angeles, CA 90012 Transit Authority (LACMTA) (213) 972 -6435 DUTIES: Liaison for the LACMTA to cities and elected officials throughout Los Angeles County. Provides information to assigned cities on LACMTA projects and programs. Keeps MTA officials informed of city concerns on transportation issues. PUBLIC SERVICE: Member of the Pomona City Council, Redevelopment Agency and Economic Development Corporation, 1987 to Present. Elected Vice Mayor, 1989 -1992; two -term Councilmember; three -term Vice Mayor. Pomona Delegate to League of California Cities, Los Angeles Division; Contract Cities Association, and San Gabriel Valley Association of Cities. President of San Gabriel Valley Association of Cities - 1992. League of California Cities City Selection Committee, 1987 to Present. League of California Cities State Public Works & Transportation Committee, 1990 to Present. California Contract Cities Association Legislative Committee, 1989 to Present. 1992 - Appointed to the National League of Cities Transportation & Public Works Committee. San Gabriel Valley Association of Cities, Treasurer 1989; Secretary 1990; Vice President 1991; President 1992. League of Cities Transportation Committee; SCAG Transportation Committee; SCAG Sub - Regional Technical Planning Committee; and SCAG Regional Energy & Environmental Committee. Active in Pomona, Maywood, Bell, Cudahy, Baldwin Park, Pasadena, Glendora and San Gabriel Valley Area Chambers of Commerce. Member of San Gabriel Valley Area Sierra Club and save Mono Lake Committee. PERSONAL: Born in Pomona. Educated in Pomona Schools, Mt. San Antonio College. Married 44 years to former Assemblyman Philip Soto. Proud parents of five sons, one daughter and twelve grandchildren. TOTAL P.O5 FROM :CtTi OF L=+ PUE�iTE TO :44ES729 199-3,04 -_9 1a: 374 goal F.02 02 1ilr° _ Nino LOUIS R. PEREZ COUNCILMAN RESIDENCE City of La Puente 15950 Picton Street 15900 East Main Street La Puente, CA 91744 La Puente, CA 91744 (818) 336 -8345 (818) 855 -1500 Retired: After 35 years from Detroit Diesel Senior Sales Engineer Member of the City of La Puente City Council since 1990 Councilman Mayor Pro Tem. Mayor Councilman 1990 -1991 1991 -1992 1992 -1993 1993 - Present Member of California Contract Cities Association, San Gabriel Valley Association of Cities, Lea ue of California Cities, East San Gabriel Valley Planning Committee, City of La Puente Emmunity Relations Committee, Joint Powers Insurance Authority. Executive Committee: San Gabriel Valley Association of Cities Retired in January 1992 after 33 years with Detroit Diesel, a division of General Motors Corporation, during which I filled a range of positions from Draftsman, Engineer and Senior Sales Engineer, For the last 7 years, I assisted clients in developing business pracdces and facilities which complied with AQMD specifications. I also helped our clients secure building and operating permits. Married 36 years to Anita Perez, and have one daughter, two sons, and three granchildren. Santa Paula High School Ventura College Hl_�h Sneed Diesel Fngjn=s Deetroit Diesel Engine Division General Motors Corporation Detroit, Michigan Medlu_m Sneed Diesel Engines Eleetro-Motive Engine Division General Motors Corporation IA Grange, Illinois Turbine & Co- Generations Allison Turbine Division General Motors Corporation Indianapolis, Indiana Electrical Power Generation Deico Products Division of General Motors Corporation Dayton, Ohio XP"ERIB ED ACCESSIBLE IN'MGjR-.Irlr}'' M M l ONNA4, C1�y CLV- C;TY 0 JOAN C. FEEHAN Councilmember, City of La Canada Flintridge 1327 Foothill Blvd., La Canada, CA 91011 818 -790 -8880 CANDIDATE, SCAQMD BOARD COUNCMMEMBER FEEHAN IS A COMMITTED ELECTED OFFICIAL: - La Canada Flintridge City Council, 8 years - Mayor, 1986 -1987; 1992 -1993 - Representative, Member Executive Committee, San Gabriel Valley Association of Cities - LA League Division's Representative to the State League Employee Relations Committee - Representative,. Arroyo Verdugo Subregion of SCAG - Representative from Arroyo Verdugo Subregion to the AQMD Transportation Control Measures Policy Committee COUNCILAUMBER FEEHAN IS A DEDICATED, CAPABLE, FULL TL' R VOLUNTEER: - Woman of the Year, 44th Assembly District, 1993 - Crescenta- Canada YMCA Board of Directors - Ls Canada Unified School District PTA Council - Flintridge Assistance League COUNCILMEMBER FEEHAN KNOWS WHAT SHE WANTS TO DO AS AN AQMD BOARD MEMBER: "We all wort clean air and the SCAQMD has to find a way to clean up the air without using the kind of bully boy tactics that are now infuriating businesses and cities: • let's STOP scaring people into submission by threatening huge fines for minor errors or, as happened to the City of Claremont, for late paperwork. The irony of a Federal agency fining a small city $23,000 for late paperwork would be Runny if the implications of this kind of behavior weren't so fitightening.. It's got to stop. - let's START promoting a positive approach and better intergovernmental relationships by demanding conciliation and mediation before fines and lawsuits. - let's promote a climate of trust, fairness and cooperation to reach the goal we all agree on." "I'll communicate with you personally so you know what's going on and I'll listen to what you have to say. I'll ask the questions you want asked." 0 1 1 ' Z- M n JOAN C. FEEHAN Councilmember, City of La Canada Flintridge 1327 Foothill Blvd., La Canada, CA 91011 818 -790 -8880 Background: Born, raised and educated (University of Minnesota) in Minneapolis, MN. Married to Vincent, 5 children, 3 grandchildren Community volunteer: Assistance League, PTA, YMCA Board City Council member since 1986. Mayor, 1986 -86; 1992 -93 Woman of the Year, 44th Assetnbly District, 1993 Accomplishments on the City Council: Led drive for purchase of 133 acres of open space in City Spearheaded Volunteer Disaster Preparedness Committee, now with 150 volunteers Initiated curbside recycling program Opened a historical house museum Participation in the Region: City Representative, Arroyo Verdugo Subregion Policy Committee City Representative, Arroyo Verdugo Transportation Coalition City Representative, San Gabriel Valley Association of Cities League Representative, State League Employee Relations Committee Arroyo Verdugo Subregion Representative, SCAQMD Transportation Control Measures Policy Committee n E5 Lara Blakely immigrated to the United States from Communist Cuba in 1961. She has lived in California since 1963 and in Monrovia as a homeowner and resident since 1975. Lara and her husband of over 22 years, Michael (a mechanical engineer at JPL), have u sun, Eric. In 1985, Lira was appointed to the Community Services Commission. As commissioner, Lora was founding member and Chair of the Monrovia Child Care Task Force. Her efforts led to increases in family clay cure homes and child care spares in Monrovia. Lara Blakely's demonstrated commitment to Monrovia, background and experiences more than qualify her for public service. In 1988, Blakely was unanimously appointed to the City Council to complete the unexpired council term of Bob Bartlett upon his election as Mayor. Lara Blakely was elected to a 4 year term in 1990 and resoundingly re- elected in 1994. Her leadership and problem solving abilities have been seen, for example, * Leading the 1990 Census Awareness Committee to obtain an accurate count of Monrovians ensuring Monrovia receipt of its fair share of monies; * Assisting the adoption of the City's Housing Element of the General Plan by the State, saving Monrovia thousmuls of dollars in sur:ctiuns and fines; * Testifiing before State legislative committees on behalf of the California Redevelopment Agency, local government and housing element reform. * Working with the Chamber of Commerce, Downtown Merchants and the City s Community Development Department to improve the econotnic viiulity of Monrovia. * Cnntinupd .cupporr of city services and innovative programs that strengthen our families and improve our neighborhoods and community. Fighting Sarramento in their annual attempts to balance their budget by ripping off Monrovia's revenues, * Working with Congressman David Dreier (R•28) on federal legislations to place liability limits on cities regarding municipal solid waste deposited in landfills and increase criminal penalties for arsonists. * Leadership roles within the League of California Cities. Member for 6 years on the (lousing, Community and Economic Development (HCED) Policy Committee, as its Chair fir the past 3 years, and as its representative to the National League Steering Committee. Lara Blakely received an M,SW degree from UCLA School of Social Welfare in Community Organization and Administration: a BA in Sociology from rVILA; and an AA degree in the Humanities from Pasadena City College, She holds a Community College Instructor credential in Public Administration and Social Service A&Idnistratlon, 64R ANITA STREET • MONROVIA, CA 91016 • (KIA) X57 -0449 NOT rRINTrD OR "LED AT PUBLIC EXPEN39 Pete n.r py L.,,, 1111d,.1y Lx Mommv11 City Commit - WN An1O 30vo - Ma to It, CA 91016 • IQ A72002 0 Pf*4W an nayctlill V" 4M R M En LARA L4RRAMENDI BLAKELY 648 ANITA STREET • MONROV49 CA 91016 • 8181357 -4453 EDUCATION NI.S.W. UCLA School of Social Welfare, Administration and Community Organization. Specific Course Work: Law and Social Work; Mediation; Policy; Organizations. B.A. California State University, Los Angeles, Sociology. Specific Course Work: Statistics; Research; Social Stratification; Community Organization. A.A. Pasadena City College, CA, IIumanities, QIke z mm" Spanish: Read, Write and Speak Fluently. A Comparison Group Study: Fcmalc IIcads of IIouschold and Economic Survival, UCLA School of Social Welfare, 1984, unpublished. Organizational Proposal to Provide Employment Training Services for Low Income Female Heads of Household, UCLA School of Social Welfare, 1983, unpublished. CERTIFICATES UCLA, School of Social Welfare, New Field Instructors. California Community Colleges Certificate #10046 Instructor Credential. Subject Matter Area: Public Services and Administration. I vff'7 0 — SS 56Vkifv- Ca • goktip Memorandum 4 May 3, 1994 TO: Mayor and City Council FROM: Joseph R. Lopez, Director of Public Work I By: Eldon G. Davidson, Water Manager L9) Prepared By: Carol A. Thompson, Assistant Engineer Reviewed By: Michael H. Miller, City Attorney SUBJECT: Recommendation to Approve Settlement Agreement Between Beazer West Cement Company, City of Arcadia and San Gabriel Valley Water Company SUMMARY Beazer West Cement Company owns, and proposes to develop, a commercial/industrial parcel of land on the north side of Clark Street between Cogswell Street and Durfee Avenue in the City of Arcadia. Although the parcel is within the City of Arcadia, the San Gabriel Valley Water Company (SGVWC) claims water service rights to the area and, specifically, to Beazer's proposed development site. Beazer has requested water service for the development from the City of Arcadia. The City and Beazer believe that Arcadia is entitled to provide water service to the area and/or site. A controversy has arisen among the three parties. In an effort to resolve the dispute_and avoid uncertain and costly litigation, an agreement has been negotiated. The attached Settlement.Agreement, upon execution, authorizes the City of Arcadia to provide water service to the subject parcel. BACKGROUND Beazer West Cementtompany has been working on the development of the Clark Street parcel for approximately two years. Upon investigating requirements for utility service connections to the project site, Beazer learned that SGVWC has facilities in, and claims water service rights to, the area in which the project site is located. However, these facilities cannot provide 1 LASER IMAGED • C/9- adequate fire protection for the proposed development. SGVWC informed Beazer that the required fire protection could be provided by upgrading its existing facilities. The cost to Beazer for upgrading the SGVWC system was estimated to be approximately $450, 000. . Beazer then contacted the City of Arcadia regarding providing water service to the parcel. The City believed this area was within the its service area and was unaware of SGVWC's claim to the water service rights until Beazer requested service. The City has an existing 12" water main in Clark Street adjacent to the project site and is able to provide adequate fire protection service to the parcel by extending the existing main. The cost to Beazer for the City to provide water service is approximately $180, 000. Beazer prefers to contract with the City for service to the project. What resulted was a stalemate as to who has the legal rights to provide water service to the Beazer development site. DISCUSSION . Pursuant to City Council authorization, the City Attorney and staff formulated an agreement with SGVWC and Beazer which would allow Arcadia to provide water service to the project site. To this end, and to expedite. the progress of the project, Beazer has agreed to compensate SGVWC for the relinquishment of the service rights to the project site. The attached Settlement Agreement contains the terms, conditions, covenants and commitments agreed to by all parties. In brief, they are as follows:, 1. Beazer agrees to compensate SGVWC in the amount of $174, 000 for service rights to the project site. 2. SGVWC agrees to release Beazer and the City from any claims for damages as a result of the City's provision of water service to the project site. 3. The Agreement is a compromise of disputed claims and not an admission of liability on the part of any of the parties. 4. SGVWC agrees to complete any procedures required by the Public Utilities Commission to relinquish the claim of right to Provide water service to the project site. 5. The City is not financially responsible for any litigation that arises out of the subject matter of this agreement. 2 FISCAL IMPACT The estimated cost of extending the existing City owned water main in Clark Street is $180,000 which will be paid for by the developer, Beazer. The City will not incur any costs in providing service to the project site. Revenue will be generated through bi-monthly meter charges and water sales. RECOMMENDATION It is recommended that the City Council approve the Settlement Agreement and that the Mayor be authorized to execute the attached Agreement 'n a form approved by the City Attorney. APPROVED: Lurk II William R. Kelly Acting City Manager JRL: CAT: cat Attachment 3 • - LAW OFFICES OF • • ROURKE, WOODRUFF & SPRADLIN M. LOIS BOBAK A PROFESSIONAL CORPORATION TELEPHONE(714)558-7000 DAVID A. De BERRY FACSIMILE(7141 835-7787 CRAIG G. FARRINGTON SUITE 7000 ' • JOSEPH W. FORBATH 701 SOUTH PARKER STREET - LOIS E.JEFFREY ORANGE, CALIFORNIA 92668 ROBERT W. LUCAS - CHERYL LYNN . WRITER'S DIRECT DIAL NUMBER BETTY C. MRGUDICH THOMAS F. NIXON • JAMES W. PARKER JAMES G. ROURKE JOHN R.SHAW 1-1 ` /714)5642612 KENNARD R.SMART,JR. ) DANIE I.SPENCE - 2 (Voicemail) DANIEL K. SPRADLIN (� ALAN R.WATTS - WAYNE W.WINTHERS iN THOMAS L.WOODRUFF C/• • ATTORNEY OFFIC I • April 22, 1994 • VIA FEDERAL EXPRESS - Michael H. Miller, Esq. City Attorney City of Arcadia • 240 West Huntington Drive - _ - . Arcadia, CA 91007' Re: Settlement Agreement Among Beazer West Cement Company, • City Arcadia and San Gabriel Valley'Water Company Dear Mike: Thank you for providing your final comments on the proposed Agreement among Beazer West Cement Company, the City of Arcadia and the San Gabriel Valley Water Company: The changes which we discussed in Sections 19, 20, 26 and 27 have been made. There have been no other changes made to the Agreement. I have enclosed an execution original of the Agreement herein.. Additional originals have been forwarded to Beazer and San Gabriel Valley Water Company. I have requested that the executed originals be provided to you by April 27. I have also requested that both Beazer and the Water Company have representatives present at the May 3, 1994 City Council meeting in order to answer any questions which may arise. Michael Miller, Esq. VIA FEDERAL EXPRESS Page Two April 22, 1994 Once again, thank you for your cooperation in this matter. • Cordially, ROURKE, WOODRUFF & SPRADLIN B y 7:/e omas F. Nixon ARW:cj•:C\3631 • Enclosure cc: Mr.Ian C Gillis(w/enclosure) SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS Parties to the Agreement and Release This Settlement Agreement and General Release of Claims ("Agreement") is entered into as of the day of April, 1994 by and between (1) BEAZER WEST CEMENT COMPANY ("BEAZER"), a Delaware corporation, (2) the CITY OF ARCADIA ("CITY"), a municipality, and (3) the SAN GABRIEL VALLEY WATER COMPANY ("WATER COMPANY"), a California corporation and public utility, collectively referred to as the "Parties". Recitals 1. BEAZER is the owner of and desires to develop a commercial/industrial parcel of property located in the CITY, said parcel of property being located north of Clark Street and south of Dearborn Street in the CITY, as shown on Final Parcel Map No. 22741 (Parcel Map Book 258, Pages 91-94, inclusive). The development project may also ultimately include the • adjacent Chicago Park Tract Lot Nos. 1238 and 1239, which together with the property included within Final Parcel Map No. 22741 are collectively hereinafter referred to as the "PROJECT SITE". 2. The PROJECT SITE is within WATER COMPANY'S service area, WATER COMPANY presently provides water service to the PROJECT SITE from an existing water line adjacent to the PROJECT SITE, and is willing and able to construct additional facilities for additional water service required in order for BEAZER to develop the PROJECT SITE. 3. The CITY is authorized by law to provide water service to the PROJECT SITE. 4. The CITY is willing and able to provide facilities for such water service to the PROJECT SITE and BEAZER and the CITY desire to contract with each other for the provision 1 of water service to the PROJECT SITE in accordance with the normal terms and conditions pursuant to which.CITY would provide such water service. 5. The CITY operates an existing water line adjacent to the PROJECT SITE through which the CITY intends to provide water service to the PROJECT SITE. 6. Accordingly, a controversy has arisen between the Parties whereby BEAZER and the CITY contend on the one hand that WATER COMPANY does not have the ability nor the right to provide water service to the PROJECT SITE and that the provisions of California Public Utilities Code Section 1501 et seq. ("Service Duplication.Law") are inapplicable. The WATER COMPANY on the other hand contends that it does have the ability and right to provide water service to the PROJECT SITE and that the proposed water service by the CITY to the PROJECT SITE will constitute a taking of properties of the WATER COMPANY within its service area for a public purpose by inverse condemnation and is compensable under the Service Duplication Law. 7. . BEAZER, and its predecessors in interest, have made payments to Assessment District 72-1 (Arcadia Industrial Park) for capital facilities for the water, street and sewer systems in CITY. . 8.. The Parties have agreed pursuant to this Agreement to resolve their dispute and to avoid the expense and uncertainty of litigation. ' 9. This Agreement pertains to service rights in the subject area(the PROJECT SITE) and does'not in any way involve any specific responsibilities or requirements as between BEAZER and CITY. /// 2 Agreement and General Release- NOW, THEREFORE, it is agreed by and between the Parties as follows: 10. For and in consideration of the sum of One Hundred Seventy-Four Thousand Dollars ($174,000.00) to be paid to WATER COMPANY by BEAZER within five (5) days following execution of the Agreement by all parties, WATER COMPANY does hereby and for itself, its successors, assigns and their heirs, executors, administrators and personal representatives release, acquit, and forever discharge BEAZER and CITY, and each of their respective successors, assigns, partners, officers, agents, servants, employees, heirs, executors, administrators, and personal representatives from and against any and all rights and claims whatsoever which WATER COMPANY might have asserted against BEAZER and CITY pursuant to the Service Duplication Law or otherwise arising from the provision of water service to the PROJECT SITE by CITY. This Agreement shall be void if payment is not received by WATER COMPANY as set forth herein. 11. WATER COMPANY expressly releases BEAZER and CITY from any claims for damages under the Service Duplication Law which may be suffered by it by reason of the provision of water service to the PROJECT SITE by CITY. WATER COMPANY expressly relinquishes and releases any claim that the provision of water service to the PROJECT SITE by CITY constitutes the constructing, operating or extending of similar or duplicating facilities into the service area of WATER COMPANY within the meaning of the Service Duplication Law including but not limited to any claims for monetary damages, attorney fees or expert or technical fees in connection therewith. . 12. It is understood and agreed by the Parties that the facts with respect to which the 3 l within release is given may hereafter turn out to be other than or different from the facts now known to be, or believed by the Parties to be, true, and the Parties hereby expressly assume the risk of the facts turning out to be different than they now so appear and agree that this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts. 13. Pursuant to and limited to the releases set forth herein, WATER COMPANY hereby expressly waives any and all rights which it or any of its successors, assigns, heirs, . executors, administrators or personal representatives may now have or which may hereafter accrue under California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 14. This release shall not preclude the right of WATER COMPANY to recover for physical damage to WATER COMPANY'S facilities on or adjacent to the PROJECT SITE, if such facilities are physically damaged by BEAZER'S or CITY'S agents, employees, contractors or successors-in-interest. WATER COMPANY'S right to recover for physical damage to facilities shall not include any ability for WATER COMPANY to recover on any claim under the Service Duplication Law for CITY'S providing water service to the PROJECT SITE, for inverse condemnation, or loss of use or profit as a result of any such physical damage. 15. It is understood and agreed that this settlement is a compromise of disputed claims and that the releases and agreements made herein are not to be construed as an admission or 4 admissions of liability on the part of BEAZER and CITY, or any of them, and that BEAZER and CITY deny any liability and intend merely to resolve the dispute and avoid the expense and uncertainty of litigation. This Agreement and the terms hereof shall be.inadmissible for any purpose in any legal or administrative proceedings including, without limitation, administrative proceedings referred to in Section 17 of this Agreement, except legal or administrative proceedings instituted to enforce this Agreement in the event of a breach by one or more of the Parties. Furthermore, the content or substance of any meeting, discussion, memorandum, correspondence, or other writing relating to the subject matter of this Agreement, shall be inadmissible for any purpose in any legal or administrative proceedings in which the WATER COMPANY is a participant including, without limitation, administrative proceedings referred to in Section 17 of this Agreement, except legal or administrative proceedings instituted to enforce this Agreement in the event of a breach by one or more of the Parties. 16. WATER . COMPANY agrees that it will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding, including but not limited to any administrative proceeding, against BEAZER and CITY based on the Service Duplication Law or otherwise arising out of the CITY'S provision of water service to the PROJECT SITE. 17. WATER COMPANY agrees that, no later than ninety (90) days following the later of (1) receipt of written notice from CITY that CITY will be providing water service to the PROJECT SITE, or (2) receipt of written notice, invoking the provisions of this Section, from the owner, or occupant or other person eligible to,receive water service at the PROJECT SITE ("customer") if other than owner, of the PROJECT SITE (or, if there is more than one 5 such owner or customer, within ninety (90) days following receipt of written notice from the owner or customer who is the last to provide such notice) and provided (3) no customer is then receiving, or requesting WATER COMPANY to provide, water service to the PROJECT'SITE, WATER COMPANY will commence and expeditiously pursue to completion such procedures as are necessary before the California Public Utilities Commission to relinquish any claim of right to provide water service to the PROJECT SITE and to take any and all other steps as may be necessary to delete PROJECT SITE from the service area of WATER COMPANY. If there is more than one owner of the'PROJECT SITE, or customer of.the WATER COMPANY if other than owner, more than one notice may be given. WATER COMPANY agrees that it will keep BEAZER and CITY apprised of,the progress of such procedures and will provide to BEAZER and CITY copies of all WATER COMPANY'S correspondence to and filings with the California Public Utilities Commission with regard to these procedures. The copies of such ' correspondence and filings shall be sent to BEAZER'S representative, Ian C. Gillis, Hanson Properties North America and CITY'S representative, as follows: Ian C. Gillis, Vice President do HANSON PROPERTIES WEST, INC. 353 Sacramento Street, Suite 1160 San Francisco, California 94111 Jeffrey Harland Chief Operating Officer - HANSON PROPERTIES NORTH AMERICA. 945 East Paces Ferry Road, Suite 2200 Atlanta, Georgia 30326 Eldon A. Davidson . Water Manager CITY OF ARCADIA 240 North Huntington Drive Arcadia, California 91007 18. WATER COMPANY agrees that BEAZER and CITY may, without interference (other than to assure that WATER COMPANY'S facilities adjacent to or near the PROJECT SITE are not damaged), install water facilities and provide water service to the PROJECT.SITE subsequent to the execution of this Agreement and prior to the satisfactory conclusion of the steps set forth in Section 17. 19. All of the obligations, covenants and commitments set forth herein, including,but not limited to, (1) WATER COMPANY'S release of BEAZER and CITY, (2) this agreement that CITY may provide water service to the PROJECT SITE and (3) the covenant not to pursue any claim for alleged duplication of water services as set forth herein, shall remain in full force and effect even if the California Public Utilities Commission declines to approve of WATER COMPANY'S request to relinquish any claim of right to provide water service to PROJECT SITE and/or to delete PROJECT SITE from WATER COMPANY'S service area. ! ' 20. CITY agrees to provide water service to the PROJECT SITE, on the same basis as it does to similarly situated developments,,and on the following terms and conditions: A. BEAZER'S engineer shall prepare construction drawings in accordance with CITY'S Water Division Standards and Specifications. B. Construction drawings shall be submitted to the Water Division for review and approval. C. BEAZER'S contractor shall install the water main. The Water Division will install water services at BEAZER'S expense. - D. Construction inspection shall be provided by the Water Division at BEAZER'S expense. 7 r BEAZER shall pay the estimated cost of the CITY'S expense related to items C and D prior to CITY performing this work. Following completion of this work, BEAZER shall pay the then unpaid actual costs, if any, to CITY within thirty (30) days of mailing of CITY'S invoice to BEAZER for such actual costs. If the estimated costs paid exceed the actual)costs, CITY shall refund the excess payment to BEAZER within thirty (30) days of completion of the. work. { 21. WATER COMPANY represents and warrants to BEAZER and CITY that it has not heretofore assigned or transferred or purported to assign or transfer to any person; firm, corporation, association or entity any of the rights or any other claims whatsoever which are the subject matter of this Agreement. 22. The Parties acknowledge that they have been represented by counsel of their own choosing in connection with the preparation and execution of this Agreement. The Parties acknowledge and represent that they and all persons authorized and required to act on their behalf have read this Agreement in full and understand and voluntarily consent and agree to each and every provision contained herein, except WATER COMPANY has no knowledge of and therefore does not concur in or agree to Sections 7 and 20 of this Agreement. 23. Each of the Parties hereto agrees to bear all of its own.attorneys fees and costs incurred prior to the date of entering into this Agreement arising out of, connected with, or relating to the subject matter of this Agreement and hereby specifically and expressly waives all claims, rights and interest of every kind or nature whatsoever, whether provided for by contract, statute or otherwise, for such attorneys' fees and costs. 24. The Parties further declare and represent that ,no promise, inducement or 8 agreement not herein expressed has been made and that this Agreement contains the entire agreement among the Parties and that the terms of this Agreement are contractual and not mere recital. 25. The persons executing the Agreement represent and warrant to all other Parties that the execution and performance of the terms of the Agreement have been duly authorized by all requisite corporate, partnership, individual, municipal or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this Agreement. 26. Should any legal action or proceeding be instituted to enforce the terms of this Agreement or arise .from or out of the subject matter of the within Agreement, then the prevailing party in any such action or proceeding shall be entitled to recover reasonable legal expenses incurred in connection therewith including but not limited to attorneys' fees, expert consultant and witness fees and any related costs or expenses whether otherwise allowable as statutory costs under Code of Civil Procedure Section 1032 et sea. or not. Notwithstanding the foregoing, in all such instances, except, as set forth in Section 14 herein, and to the extent that CITY'S sole negligence causes physical damage to WATER COMPANY'S facilities on the PROJECT SITE, BEAZER shall bear the responsibility for CITY'S legal fees, and shall fully defend and indemnify CITY with regard to any such action. i 27. 'Any notices pursuant to this Agreement, other than those referred to in Section 17, shall be sent as follows: Ian C. Gillis, Vice President c/o HANSON PROPERTIES WEST, INC. 353 Sacramento Street, Suite 1160 San Francisco, .California 94111 9 Jeffrey Harland Chief Operating Officer HANSON PROPERTIES NORTH AMERICA 945 East Paces Ferry Road, Suite 2200 Atlanta, Georgia 30326 Eldon A. Davidson Water Manager CITY OF ARCADIA 240 North Huntington Drive Arcadia, California 91007 Michael H. Miller City Attorney CITY OF ARCADIA 240 West Huntington Drive Arcadia, California 91007 Michael Whitehead President SAN GABRIEL VALLEY WATER COMPANY 11142 Garvey Avenue El Monte, California 91734 28. This Agreement may be executed in multiple counterparts, and each of which shall be deemed an original Agreement, and all of which constitute one Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. CITY OF ARCADIA By: APPROVED AS TO FORM: By: Attorneys for City of Arcadia [Signatures Continued on Page 11] 10 SAN GABRIEL VALLEY WATER COMPANY By: APPROVED AS TO FORM: By: Attorney for San Gabriel Valley Water Company BEAZER WEST CEMENT COMPANY By: APPROVED AS TO FORM: By: Attorneys for Beazer West Cement Company TFN:smm:R:04/22/94(5193 N.CJ) 11 MARY B.YOUNG MAYOR DR.SHENG CHANG MAYOR PROTEMPORE HARSARA D. KUHN - (," �3'_!? a K DENNIS A. LOJESKI ;`J W.'- - rt. • BOB MARGETT ifie4 ARCADIA ^n COUNCIL MEMBERS ',04g -a, � JUNE D.ALFORD CITY CLERK f"1'O\ /�� 240 West Huntington Drive,Post Office Box 60021 WILLIAM R. KELLY RPORaTE9 Arcadia,California 91066-6021 • (818)574-5400 ACTING CITY MANAGER CERTIFICATION I, June D. Alford, the duly elected, qualified and acting City Clerk of the City of Arcadia, California, do hereby CERTIFY that the following is a full, true and correct copy of a MINUTE MOTION adopted by the City Council of the City of Arcadia at its regular meeting held on May 3, 1994, in consideration of the Agreement between Beazer West Cement Company, the City of Arcadia and the San Gabriel Valley Water Company: "It was MOVED by Councilmember Margett, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to APPROVE Settlement Agreement between Beazer West Cement Company, City of Arcadia and San Gabriel Valley Water Company which authorizes the City of Arcadia to provide water services to a commercial/industrial parcel of land on the north side of Clark Street between Cogswell Street and Durfee Avenue in the City of Arcadia. " AYES: Councilmembers Kuhn, Lojeski, Margett and Young NOES: None ABSENT: Mayor Pro tem Chang IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE CITY OF ARCADIA THIS 19TH DAY OF MAY, 1994. do /lY �� June D. Alfo City Cler City of Arcadia, alifornia Ca s`�.a /1Io '4 mow iario May 3, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Assistant Community Development Director/Planning SUBJECT: Consideration of Resolution 5790 declaring a public nuisance at 533 Valido Road Yesterday, we received a call from an attorney who has been retained to represent Mary Card owner of the property at 533 Valido Road. The Attorney has requested continuance of this hearing to allow her adequate time to review the case. The Planning Division is recommending that this hearing be continued to May 17 to allow Mrs. Card's attorney adequate time to review the files and explore possible means to assist Mrs. Card in bringing the property into code compliance. ACTION The City Council should move to continue this hearing until the Council's May 17 meeting. Approved: \III William R. Kelly, Acting City Manager ci 'l\\)\A-61/4 _ i oszU-s°d 33') E //aveh g wow 'boo\fin*�s, May 3, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Assistant Community Development Director/Planning By: Cindy Moore, Code Enforcement Officer SUBJECT: Consideration of Resolution 5789 declaring a public nuisance and order to abate for the property located at 331 East Haven Avenue SUMMARY This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal Code (A.M.C.) and Section 401 of the Abatement of Dangerous Buildings Code to allow the City Council to determine what action is necessary to abate the following violations which were cited on the property at 331 East Haven Avenue: 1. Unsafe Structure. The house has two badly damaged chimneys (see photographs) creating a hazard to the subject property and the adjacent properties. Uniform Building Code (U.B.C.) Section 203. 2. Improperly maintained landscaping. The yard area has overgrown weeds and grass. A.M.C. Section 9405.8 3. The swimming pool in the rear yard is a health hazard as a result of standing water which has turned green from neglect, creating a mosquito breeding source. A.M.C. Section 9405.5 The property is developed with a single-family dwelling which is vacant. The property owners listed in the Assessor's Books are David Hsiao and Karen Chen whose address is listed as 331 E. Haven. BACKGROUND On March 30, 1994, in response to a complaint regarding property maintenance and possible chimney damage, a Code Enforcement Officer and Building Inspector investigated the premises. 331 East Haven May 3,1 1994 Page 1 LASER IMAGED ' /. Because of the safety hazard, staff is recommending a maximum of fifteen (15) days to remove the chimneys and bring the property into compliance. If the violations are not corrected within this specified time period, the City shall hire the necessary persons to bring the property into compliance. All costs shall be charged to the l property owner. In addition, staff's time may be recovered per Section 9406.3 of the Arcadia Municipal Code. If the costs are not paid by the property owner, a lien may be placed on the property or the costs may added to the property tax bill. ACTION The City Council should open the hearing and receive public input. Based upon the evidence presented the Council may:: 1. Determine that the property is a safety hazard and a property maintenance problem, but allow more time for the property owner or the savings and!loan company to remove the chimney and clean up the property; or l . 2. Determine that a public nuisance exists and adopt Resolution 5789 ordering the responsible parties to correct the violations within 15 days of the adoption of this resolution or the corrective work shall be completed by the City at the expense of the property owner. - Resolution 5789, 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 331 East Haven Avenue, 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 9405.8,9405.5, and 9406.3 of the Arcadia Municipal Code. Attachments: Resolution 5789 Notice of Public Nuisance and Order to Abate Photographs of the property - I'� 11oo IIII Approved by: y William R. Kelly, Acting City Manager 331 East Haven May 3, 1994 Page 3 , • RESOLUTION NO. 5789 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 300 E. HAVEN, 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 9405.8,9405.5, 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 331 East Haven Avenue, Arcadia, California, exists in a condition which violates sections of the Arcadia Municipal Code as set forth in the attached document incorporated as part of this Resolution; and WHEREAS, said Council finds that David Hsiao and Karen L. Chen are responsible for the maintenance and condition of the property, which includes the real property and improvements located at 331 East Haven Avenue, Arcadia, California, more particularly described as follows: - Lot 6 and East 25 feet of Lot 7, Tract # 12181 WHEREAS, other than David Hsiao and Karen L. Chen, there appears to be no other person(s) in real or apparent charge and control of said premises; and WHEREAS; this Council, in accordance with the provisions of Sections 9407.1 and 9406.3 et seq. of the Arcadia Municipal Code, can issue an Order to said responsi- ble parties to either repair, rehabilitate, demolish or otherwise bring said property into compliance with the provisions of the Arcadia Municipal Code; and WHEREAS, on April 12, 1994 and April 22, 1994, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to David Hsiao and Karen L. Chen and the subject property was posted with said notice. -1- - 5789 • 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 posted 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 3 day of May, 1994. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia -3- - 5789 rrliallighte i RY B.YOUNG MAYOR DR.SHENG CHANG MAYOR PROTEMPORE• 1! BARBARA D. KUHN *�;;: -'. -- q :: : a:le.rgiCaele '� r 'r/=y JUNE D.ALPORD crry CLERK f`�L`Q\eT °b 240 west Huntington Drive,Post Office Box 60021 I WILLIAM R KELLY Arcadia,California 91066.602 I (818)574.5400 ACTING CITY MANAGER April 20, 1994 David Hsiao Karen L. Chen 331 E. Haven Arcadia, CA 91006 PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL NOTICE AND ORDER OF THE BUILDING OFFICIAL TO ABATE, REPAIR, REHABILITATE AND/OR DEMOLISH BUILDINGS 331 E. HAVEN AVENUE SUBJECT PROPERTY: 331 E. Haven , LEGAL DESCRIPTION: Lot 6 and east 25 feet of lot 7 of Tract 12181 as per map recorded in Book 227, Page 334 of Maps, in the Office of the County Recorder of Los Angeles County. 1 i Notice is hereby given that the dwelling on the aforementioned property is substandard in accordance with Sections 203 of the Uniform Building Code, and 9405.8, 9405.5, of the Municipal Code of the City of Arcadia, California, on file in the office of the City Attorney in the City Hall. . Pursuant to Section 203 of the Uniform Building Code and the Sections; 9405.8 and 9405.5 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 03, 1994 at 7:30 p.m. in the Council Chambers of Arcadia City Hall, 240 West Huntington Drie, Arcadia, to hear and receive testimony and evidence from the owner and all other interested persons on the unsafe buildings and conditions described in the attached exhibits. i i A MARY B.YOUNG • ,� MAYOR DR.SHENG CHANG MAYOR PROTEMPORE BARBARA D. KUHN .;i: �;: :_�� DENNIS A. LOJESKI c=: ner, BOB MARGETT eaccatlei. COUNCIL MEMBERS JUNE D.ALFORD CITY CLERK r't'eo �0°° 240 West Huntington Drive,Post office Box 60021 WILLIAM R. KELLY ORATE- Arcadia,California 91066.6021 • (818)574.5400 ACTING CITY MANAGER April 12, 1994 David Hsiao Karen L. Chen 331 E. Haven Arcadia, CA 91006 SUBJECT: 331 E. Haven 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 Sections 203 of the Uniform Building Code, and 9405.8, 9405.5, of the Municipal Code of the City of Arcadia, California, 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 following conditions of your property are in violation of the Arcadia Municipal Code: 1. Both chimneys are cracked and one is separated from the roof line and one has shifted in the middle creating a hazard to the subject property the adjacent properties. U.B.C. Section 203 2. Tall weeds and grass on the premises which are considered to be a health, safety/welfare hazard. A.M.C..Section 9405.8 3. The swimming pool in the rear yard which is being neglected creates a mosquito breeding source and is considered to be a health, safety/welfare hazard. A.M.C. Section 9405.5 • 4 4-5-0 -61— yo o A) G/d hck •�, •it is May 3, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Assistant Community Development Director/Planning it SUBJECT: Request for a Variance to the Swimming Pool Regulations Relating to Fencing Around Pools 400 North Old Ranch Road SUMMARY On April 12, the Planning Division received a letter from Alan and Jean Fohrer, owners of 400 North Old Ranch Road, requesting a variance to the City's swimming pool regulations regarding fencing around a pool. Section 3445 of the swimming pool regulations allows variances to be granted from the requirements of the Arcadia Municipal Code. DISCUSSION , Mr. and Mrs. Fohrer are in the process of remodeling the backyard area induding the existing pool which is currently surrounded by a fence and the house. Section 3444 of the Arcadia Municipal Code requires existing pools to be surrounded by a 4'-0" high fence or solid structure with no openings larger than six (6) inched squares (other than doors or gates); chain link fences are prohibited unless the opening is less than 1 3/4". With the exception of the fence along the rear property line, the perimeter fences comply with the code. Currently there is an existing 8' to 9' high chain link fence covered with ivy along the rear property line which is located on the Arboretum property. The Arboretum fence does not meet the above code requirements. To comply with Section 3444 of the AMC, the property owners would be required to place a fence between the house and the pool and along the rear property line between the pool and the Arboretum fence. 400 N. Old Ranch Road May 3, 1994 Page 1 LASER IMAGED 1 ■ Mr. and Mrs. Fohrer are requesting a variance to install a pool cover in lieu of constructing a fence between the house and the pool and to maintain the existing J Arboretum fence along the rear property line. Photographs of the property will be distributed at the City Council meeting. Many cities have adopted swimming pool regulations which allow options to requiring a fence between a house and the pool. The Building Division is currently reviewing the City's swimming pool regulations to allow options to requiring a fence between a pool and the house. Several of the options being investigated include pool covers, alarm systems, etc. The Building Division's findings and recommendations will be forwarded to the City Council for a public hearing at a later date. The following are the minimum standards the Building Division recommends for pool covers: • provide a continuous connection between the cover and the deck so as to prohibit access to the pool when the cover is completely drawn over the pool. • be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of the key. • be capable of supporting a four hundred pound imposed load upon a completely drawn cover. • be installed with track, rollers, rails, guides or other accessories necessary to accomplish the above. The applicants' are proposing to use a Poolsaver brand automatic cover which complies with all of the above and will support up to 497 pounds. RECOMMENDATION The purpose of the current code is to provide as high a safety standard as possible to avoid pool accidents. It is staff's opinion that the proposed pool cover is an appropriate alternative to installing a fence between the house and the pool and that the existing 8' to 9' high chain link fence is a satisfactory barrier between the Arboretum and the subject property. Staff is recommending approval of the request for a variance subject to the following conditions: 1. That the pool cover shall comply with the above minimum standards and that the cover shall bear an identification tag indicating the name of the 400 N. Old Ranch Road May 3, 1994 Page 2 manufacturer, name of the installer, installation date and applicable safety standards, if any. 2. That the property owners shall sign the appropriate documents, to be prepared by the City, indicating that if the fence located on the Arboretum property is removed at any time, the property owners shall immediately install a new fence/wall at a minimum height of 5'-0". Said agreement shall be signed prior to receiving final approval of the pool cover. FINDINGS The City Council may: 1. Approve the request as proposed, subject to the conditions set forth above; or 2. Deny the request and require a 4'-0" high fence to be installed between the pool and the house and between the pool and the rear property line. Attachments: Letter from Mr. and Mrs. Fohrer Land Use Map Approved by . ""�'� yA( PP Y William R. Kelly, Acting City Manager 400 N. Old Ranch Road May 3, 1994 Page 3 RECEIVED APR' 1 2 1994 • 'Clrr of>;RCAD A • PLANNINaDMSION Donna Butler City of Arcadia Assistant Community Development - Director of Planning • Dear Ms. Butler, This letter is to request a variance from the City of Arcadia' s current swimming pool regulations regarding fencing around the pool. Our back yard is enclosed by a boundary which includes a fence and the house. In lieu of an additional fence tc enclose the pool separately, we propose • using a POOLSAVOR pool cover. In remodeling the existing pool and backyard area, we elected to use the pool cover because we believe it to be safer than fencing to keep small children out of the pool. We are providing technical documentation regarding the POOLSAVOR to the Building Department to help with their evaluation of this proposal. • Per our discussion, we would appreciate our request being considered at the next Board of Appeals meeting which we understand is scheduled for May 3rd. • Your assistance in this matter is very much appreciated. If you have any questions, please call us at 446-7971. Sincerely yours, ej r1 �''-Pte. Alan and Jean Fohrer • 400 North Old Ranch Road Arcadia, Ca 91007 • , . • . . . . . • . . ' . . , . . • ._ . ,00-1- —„L :eluo .3 — [-J •ONINOZ (ENV -asrl. (INV VZ;OSZ, w • 61 ci) 4 Cr 4 ft • 0) o 00Z, - 1Z 74 Ov7 Tri . 1 0 7' k•3; t 1 o , z . • • ,s-ii. LT' C °I° - u,7 1 `t;i S; xi , •• z - c. .,... 091 (0 TR) 9 7196 I al:I • NOSV•11S . ' 1 • \--1 1-1 (1). o 0 1 4$/ce, a7,9 • I I 11T1Z, . -4 • 1.-.) co : •Zo ul \_ L.L. 0 . 6 LI 00 cr, . o ... , 5 ^) £ 6 ' I ooz, o 0 oczi . '&■0 ,... -6 . - _ o 1 1 fs)0 0 .... . N • o 05161 \ 00Z, • . P tv o o - S2 o - o ool 01 0 4. N 0 :t.". LI) 4 74 , 00Z, d 5 U' .-i\,- k4,o 5 ,74'N' - 1 o ....n -6• 6 7"L 0 -.1 - :I' ..) 41( o :-1 , 0 co 00Z, 17696 1 • 3 c2., 4 4.4 - ok 2 9)Li f-4 4- • . . . . . . r • - r . . • Vo- yo 7T- I it) /47,5 Memorandum arcadla redevelopment agency May 3, 1994 TO: Chairman and Board Members FROM: fvPeter P. Kinnahan, Assistant Community Development peter Development Division ,,Prepared by: Dale R. Connors, Redevelopment Project r Manager/Economic Development Division RE: Angel's Diner and Bakery Design Review (101 West Huntington Drive) BACKGROUND INFORMATION: The project being considered in this design- review has been placed on a "fast-track" processing time line. The applicant is anxious to obtain approvals (Redevelopment Agency and City) and staff is responding by creating an expedited schedule resulting in modifying the typical design review sequence. Most often, all City and Agency approvals would occur simultaneously. We are processing Agency design approval before the City entitlement processes are complete. Staff is also processing the sign approval at this time, rather than when sign plans are filed to obtain permits. Applicant: Angel's Diner and Bakery (Vicorp Restaurants, Inc. ) Location: 101 West Huntington Drive (Location Map, Attachment No. 1) Proposed: The Applicant proposes to remodel the existing Baker's Square Restaurant and convert it into a- theme restaurant reminiscent of the 1950's. The name of the restaurant is "Angel's Diner and Bakery" (a division of the same company which currently owns /operates Baker's Square) . Plans are enclosed with this report as Attachment No. 2. A colored elevation and materials board are available for review in the Economic Development Division offices and will be displayed at the Agency meeting on May 3 . Existing . Land Use:. Baker's Square Restaurant • . LASER IMAGED Angel's Diner and Bakery Design Review • May 3, 1994 Page 2 Existing Zoning: C-2 (General Commercial) • General Plan Designation: Commercial Redevelopment Plan Designation: CG (Commercial General) .- Surrounding Land. Uses: North: Residential South: Commercial (100: 1 Club and Santa Anita Inn) East: Commercial (formerly Foulger Ford)•West: Commercial (Real Estate Office and State Compensation Fund Offices) Site Area 15,713 Sq. Ft. Frontage: 89.88 feet on Huntington Drive 304. 67 feet on Santa Clara Street Parking: The Applicant does not propose to make any changes in the striping of the parking lot as no additional square footage is being added to the restaurant building. PURPOSE OF DESIGN REVIEW: The Redevelopment Plan states in Section 424 that all new construction and rehabilitation project shall be undertaken only "in accordance with plans submitted to and approved in writing by . the Agency. " The purpose of the Agency's review is as follows: 1. To give the Agency the opportunity to determine if new private projects are in conflict, with any Agency projects which are being considered or developed in the same area. 2. To provide the opportunity to incorporate the private project • with the Agency project and/or to eliminate or to mitigate any conflicts at the earliest stage of the design process. 3 . To afford the Agency an opportunity to review the, preliminary architectural plans of private projects to insure that these Angel's Diner and Bakery Design Review May 3, 1994 . Page 3 projects are not so out of character with the area as to be a hinderance to future development. The Agency's actions do not supersede Building or Zoning Regulations. Such regulations must be complied with unless modified in accordance with the procedures set forth in the Arcadia Municipal Code and need not be considered by the Agency in this review. 0 ANALYSIS: A. Design Features: The existing site layout remains unchanged. The entrance to the restaurant is proposed to be relocated to the south facade and will then be visible from Huntington Drive. Facade improvements will significantly alter and improve the appearance of the building. The most noteworthy feature is the use of neon (alternating bands of red and white) and stainless steel (polished mirror finish) . These materials are used in a 5 foot wide cornice over the main entrance on Huntington and extends around the corner of the building onto the west elevation. This, cornice extends outward from the building, overhangs the entrance and is "supported" by two glass block columns. . The balance of the facade is proposed to be finished with a combination of ceramic tile and stucco. Two colors of tile will be used, Country Gray with a 13 inch American Olean (red) accent stripe centered at approximately 5 feet high. The red accent stripe corresponds with similar stripes on the internal window coverings (vertical blinds) . A small portion of the exterior building wall will be replaced with glass. block. Windows will also be replaced. The new windows will feature etched period images (juke boxes, roller skating waitresses, malted milk glass, etc. ) . The Applicant also proposes to modify the existing roof line by painting the existing wood shingles dark red trimmed at the top with white, matching the stucco on the building walls. Open channel letter signs (Angel's logo) with neon lighting will be affixed to the east and west building faces. Additionally, a 30 foot tall plexiglass pole sign Angel's Diner and Bakery Design Review May 3, 1994 Page 4 and message board on an 8' wide base- is proposed to replace the current Baker's Square sign located on Huntington Drive. The pole sign exceeds what is allowed per the City Code. in height (25 feet allowed) and sign face area (250 square feet allowed v. 304 square feet as submitted) . After discussion with staff concerning the pole sign height and size, the Applicant has agreed to reduce each to comply with City standards. The pole sign is consistent with the building architecture in that is contains compatible materials and colors. The pole . sign uses plexiglass channel letters similar in style and color with the building signs. Additionally, the pole sign face is polished aluminum with white and red plexiglass plant- ons. Neon accents are also provided around the edges of the sign box and within the channel letters. A photo is available for review in the Economic Development offices and at the May 3 City Council Meeting. B. Departmental Comments/Conditions of Approval: Note - routine comments are not included here, but are transmitted directly to the Applicant for consideration when preparing plans for submission to obtain building permits. Public Works Department - • All existing brick tree well covers shall be removed and replaced with new tree well covers per City standard Drawing S-13-1. Fire Department - No comments. Planning Division - ' • The proposed freestanding (30 feet tall with 304 square feet in total sign face area) sign. exceeds that which is allowed by Code (25 feet tall and 250 square feet respectively) . Staff supports approval of a scaled- down version of this sign which meets Code requirements. i Angel's Diner and. Bakery Design Review May 3, 1994 Page 5 • Planning Division comments and concerns with respect to the proposed roof treatment have been combined with those of the Economic Development Division and are contained in the following "Discussion" section. DISCUSSION: The Applicant has been very cooperative in responding to staff comments and concerns with respect to initial design concepts submitted for review. Tiled surfaces, neon and stainless steel use have been reduced. The size and dimensions of the sign proposal have been discussed and the Applicant has agreed to resubmit plans which satisfy Code requirements. However, staff and the Applicant have not been able to come to terms concerning the proposed roof treatment. Vicorp considers the red roof an important element of the corporate image they want to establish for the Angel's chain. In response to staff's concerns, they have made an effort to tone down the roof's impact by adding. the white accent stripe across the top of the roof and retaining the existing shingles instead_ of installing a metal roof as initially proposed. Red is a predominant color, also being used as part of the interior decor and on employee costumes. They are reluctant to change the color. -- The driving force behind staff's concern with the roof color is the prominent location of the site (Santa Clara and Huntington) , the location of the building on the property (near the street with little setback) and the fact that there are no other roof lines in the project area similar to this proposal. These site characteristics may serve to magnify the visual impact of the roof beyond what is necessary to identify this as an Angel's restaurant. Staff feels that the, corporate image is not seriously compromised by using an alternative roof color (grey has been suggested) , inasmuch as other significant design elements have been preserved (red accent: bands, neon lighting against polished stainless steel, tiled surfaces, glass block features, etched glass windows and the distinctive sign) . The roof treatment raises a policy issue which needs to be considered by the Agency. When the plans for the pole sign have been modified to meet Code requirements and resubmitted, they will be processed at the staff level. Any Design Review approved by the Agency is valid for a period of one year consistent with the provisions of Resolution No. ARA-126. Angel's Diner and Bakery May 3, 1994 Page 6 A copy of this report has been transmitted to the Applicant. The Applicant will be present at the Agency, meeting and would like to speak to the Agency concerning the. Design Review. RECOMMENDATION: That the Arcadia Redevelopment Agency review the plans, rendering and materials board for the proposed Angel's Diner and Bakery for . consistency with the Redevelopment Agency's goals for the Project Area. After review and discussion, the Agency should take one of the following actions: 1. Approve the Design Review with staff's recommended roof color (grey) , or' ' 2. Approve the Design Review as proposed by the Applicant with the red shingled roof line. Approved: . 0076/4 William R. Kelly, Acting Executive Director Attachments: Plans ' Site Map