HomeMy WebLinkAboutMay 1, 199010 i
A G E N D A
CITY COUNCIL MEETING
MAY 1, 1990
7:30 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
ACTION
ROLL CALL: Council Members Ciraulo, Fasching, Gilb,
Harbicht and Young All Present
MINUTES of the adjourned and regular meetings of
April 17, 1990 Approved
MOTION: Read all ordinances and resolutions by
title only and waive reading in full. Adopted
1. PUBLIC HEARING
Consideration of Text Amendment 90 -003, adding
Title 5 to Division 6, Part 5 of Chapter 2,
Article IX to require Conditional Use Permits
and consistency with the County Hazardous Waste
Management Plan for hazardous waste facilities
in the M -1 and M -2 zone.
ORDINANCE NO. 1922 - For Introduction - Amending
the Arcadia Municipal Code by adding a Title
5 to Division 6, Part 5 of Chapter 2,
Article IX of the Arcadia Municipal Code
to require Conditional Use Permits and con-
sistency with the County Hazardous Waste
Management Plan for hazardous waste faci-
lities in the M -1 and M -2 zones of the Ordinance'Introduced;
city. Public Hearing Closed
2. PUBLIC HEARING
Approval of Five -Year Capital Improvement Program Resolution 5531 Adopted;
1990 -91 through 1994 -95. Public Hearing Closed
3. Time reserved for those in the audience who Keith Brown
wish to address the City Council (five- minute Howard Shaffer
time limit per person). Hung Chow
Kaisen & Nancy fang
AGENDA 5/1/90
4 RECESS CITY COUNCIL ACTION
5. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY
a. ROLL CALL: Agency Members Ciraulo, Fasching,
Gilb, Harbicht and Young All Present
b. MINUTES of the meeting of April 17, 1990 Approved
C. Request to continue hearing to consider
adoption of a Resolution of Necessity insti-
tuting condemnation of certain real property
(Technar) to May 15, 1990. Approved
d. Request to approve Agreement to Subordinate
Recorded Deed of Trust (South Side Gribble
Project). Approved
e. Design Review for 430 East Huntington Drive
(Olive Garden Restaurant). Approved
f. Request to award contract for Phase I Envi-
ronmental Assessment (124 N. First Ave.). Approved
E7
Analysis of proposals submitted for south-
east corner of First Avenue and Santa Clara
Street Project.
Study session scheduled
for 5:30 p.m. May 15,1990
h. Request for Agency direction after withdrawal
of the Derby Restaurant from the Southwest Study session scheduled
Corner Project. for 6:00 p.m. June 5,1 90
i. ADJOURN to 5:30 p.m., May 15, .1990, for study session on the
Santa Clara and First Avenue project.
6. RECONVENE CITY COUNCIL
7. CONSENT ITEMS
a. Recommendation for approval of plans and
specifications and authorization to call for
bids for Improvement of Railroad Bridge at
Second Avenue and Huntington Drive - Job
No. 656. Approved
b. Request for approval of plans and specifi-
cations and authorization to call for bids
for 12 -inch Waterline Replacement on
Michillinda Avenue - W.O. 689. Approved
-2-
AGENDA 5/1/90
7. CONSENT ITEMS (continued) ACTION
C. Recommendation for approval of plans and
specifications and authorization to call for
bids for Construction of Live Oak Water
Facilities Phase II - W.O. 677. Approved
d. Recommendation to approve the.FY 1991 -1993
Short Range Transit Plan. Approved
CITY MANAGER
Consideration of appointment to Personnel Board. Glennon King
Term to expire 6/30/94
9. CITY ATTORNEY
a. ORDINANCE NO. 1920 - For Adoption - Approving
Text Amendment 90 -001, amending and adding the
following sections in the R -M, R -0 and R -1
zones: Sections 9250.2.1, 9251.1.1 and
9252.1.1, relating to the wording for single -
family dwellings; Sections 9250.3.1,
9251.2.1 and 9252.2.1 relating to building
height; Sections 9251.1.4 and 9252.1.4.1
relating to equine animals, Seciton 9252.1.4
relating to animals and fowls; Sections
9250.3.1.1, 9251.2.1.1, 9252.1.1 relating to
equipment and facilities; and Sections 9250.3.14,
9251.2.9, 9252.2.12 relating to swimming
pools and spas. Adopted
b. ORDINANCE NO. 1921.- For Adoption -
Approving Text Amendment 90 -002, amending
and adding the following sections to the
CPD -1, C -0., C -1, C -2, C -M and M -1 zones:
Sections 9260.2.6, 9261.6.2, 9262.6.4,
9263.6.1, .9265.6.1 and 9266.2.10
relating to light standards; Sections
9260.2.8, 9261.6.6, 9262.6.8, 9263.6.5,
9265,6.5 and 9266.2.7 relating to inside
storage; Sections 9260.2.7, 9261.6.7,
9262.6.9, 9263.6.6 and 9265.6.6 relating to
outside storage; and Sections 9266.2.8.5,
9260.3.8, 9261.4.3 and 9262.4.10 relating Adopted
to real estate signs.
-3- AGENDA 5/1/90
9. CITY ATTORNEY (continued) ACTION
C. RESOLUTION NO. 5530, supporting the statewide
ban on the sale of metallic balloons. Adopted
d. Claim of S.M. Page Denied
10. MATTERS FROM STAFF
11. MATTERS FROM ELECTED OFFICIALS
12. ADJOURN to 5:30 p.m., May 15, 1990 for study session on the Santa Clara
and First Avenue project; 6:30 p.m. for the presentation of the
Arcadia Beautiful Awards
Michael Miller - Amendment re: parking lot promotional events - 5/15 agenda.
Bill Woolard - Report re: what South Pasadena, San Marino and Pasadena are doing with
two -story buildings.
s
-4-
AGENDA 5/1/90
l j,'-, 5'rAD
.•..
7flemoiandum
/111,,„,
DateApril 23 , 1990 `
TO: Mayor and Members of the City Council
FROM: bavid Feinberg, Administrative Assistant
SUBJECT: FY 1991-93 Short Range Transit Plan
Attached is a copy of the Arcadia Dial-A-Ride FY 1991-93 Short
Range Transit Plan (SRTP) . The SRTP was prepared by City Staff
and is submitted to the Los Angeles County Transportation
Commission (LACTC) and the Southern California Association of
Governments (SCAG) for approval. Preparation of the SRTP is
required in order to maintain eligibility 'for state and federal
transit grants.
The SRTP is a three year transit forecast prepared annually by
staff for the Arcadia Dial-A-Ride. Fiscal Year 1990 data is
used to develop future state, federal and local transit funding
levels as well as future non-financial projections. FY 1991-93
data is used for planning purposes only and does not obligate
the City or other government agencies to specific service or
funding levels.
The SRTP includes capital project justification for the
purchase of three replacement paratransit vans in FY 1991, five
replacement sedans in FY 1992 and three replacement paratransit
vans in FY 1993 . Also, included are operating budget
projections estimating the total federal, state and local
monies at $845, 300 for FY 1991.
It is recommended that the City Council approve the FY 1991-
1993 Short Range Transit Plan.
Approved: . j�
G`eor•e J. at s, Cit , Manager
LASER 1 MAGED 79e2L
0 C 8o-x 3
: . O/ivy Kaiei7
7/4emo' adum
make `
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°QPOas:so
Date 5 1L-9 0 --
TO: Arcadia Redevelopment Agency
FROM: Joyce Friedmann, Economic Development Assistant, ARA
SUBJECT: Design Review for 430 East Huntington Drive
(Olive Garden Restaurant)
Work
Proposed: Construction of a 9, 156 square foot restaurant as
part of the South Side Redevelopment Project
(Stanley W. Gribble's Arcadia Gateway Centre) .
This project is being developed in conjunction
with Arcadia Redevelopment Agency. (See Site Plan
and Rendering, Attachment I. )
Applicant: General Mills Restaurants, Inc. (Richard Stacey) .
Location: 330 East Huntington Drive (see Vicinity Map,
Attachment II) .
Existing
Land Use: Vacant Land
Existing
Zoning: CPD1 (Commercial Planned Development)
General Plan
Designation: PD1 (Planned Development Area-1)
Redevelopment
Plan
Designation: PD (Planned Development)
Surrounding
Land Uses:
North: Arcadia Landmark Development (under construction)
South: Spec. Office Building (a part of Arcadia Gateway
Centre)
East: California State Bank
West: Bennigan' s Restaurant (a part of Arcadia Gateway
Centre
Building/
Landscape •
Area: 10,400 square feet
Frontage: 103 feet
1
LASER IMAGED
Parking: Parking is consistent with CUP 89-015 (approved
November 7, 1989) .
PURPOSE OF DESIGN REVIEW
The Agency's actions do not supercede 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.
The purpose of the Agency's review is as follows:
1. To afford 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 said projects are not so out of character with
the area as to be a hinderance to future development.
ANALYSIS
A. Design Features:
The Applicant proposes to construct a 9, 156 square foot
restaurant styled as a modern Italian villa. (A colored
rendering of this building and color board are available for
viewing in the Economic Development Department and will be
in the City Council Conference Room at the Redevelopment
Agency Meeting. )
The building exterior will be off-white stucco (scored
stucco on the first floor only) with a green cornice and
green accent bands. Green canvas awnings with a scalloped
border will be placed above the brown wood-frame windows and
a maroon canvas awning above the main entrance (also brown
wood-frame) . Carriage lights will be affixed to the wall
on each side of the main entrance.
A trellis with vines or hanging planters will extend across
the first story of the south elevation. Planter boxes will
be placed at the main entrance and at various locations
(primarily under the second-story windows) on the north,
east and west elevations. Landscaping as provided on the
landscaping plan appears to complement that of the overall
2
LASER IMAGED
_ hJ tis
development project.
B. Department Requirements:
Planning
. None.
Public Works
. A grading and drainage plan prepared by a registered civil
engineer must be submitted, subject to the approval of the
Director of Public Works.
. A grease interceptor plan must be submitted, including all
necessary design computations prepared by a registered
mechanical engineer, subject to approval of the Department
of Public Works and the Building Department.
. The developer shall make necessary arrangements with the
City of Arcadia Water Division to obtain approval regarding
any water services.
. The above items are to complied with to the satisfaction
of the Public Works Department in accordance with the
applicable provisions of the Arcadia Municipal Code.
Fire
. The building must be fully fire sprinklered and shall be
supervised to a Central Station Alarm company.
. The building must have the Fire Department connection near
the public sidewalk on the address side of the building.
. The Fire Department has a great deal of concern with the
exiting from the dining rooms that must exit through
adjoining rooms. It may be required that these dining rooms
have an additional emergency exit directly to the outside,
depending on whether the walls separating the rooms are full
height or only partial walls.
Redevelopment
. Further architectural treatment (e.g. , false windows) is
needed along the rear elevation to break up the solid first
story wall, subject to Planning Department approval.
. The applicant may be requested to plant four trees in
front of the south (rear) elevation between every second
parking space wheel stop.
3
LASER IMAGED
3i
RECOMMENDATION:
That the Arcadia Redevelopment Agency approve this Design
Review under the following conditions:
1. That the project comply with all Zoning and Building
Codes, as established or modified by the City;
2 . That final approval is subject to compliance with
requirements of the City Departments as listed above; and
3 . That the Design Review be in effect for one year, as per
ARA-126.
/ /
Approved: -j / i /!
Execut' e irectdr
Attachments: Site Plan and Rendering; Vicinity Map
4
LASER IMAGED
VICINITY MAP '
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RESTAURAN' RESTAURANT
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SITE PLAN „
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Z A R C A D I A G A T E W A Y C E N T R E -ir
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H' SWG ASSOCIATES
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• The Olive Garden Restaurant
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Date 5/1/90
TO: Arcadia Redevelopment Agency
FROM: Joyce Friedmann, Economic Development Assistant
SUBJECT: Request to Approve Agreement to Subordinate Recorded
Deed of Trust (Southside/Gribble Project)
In November, 1987 when the Agency sold the Southside
Redevelopment Project site to the developer Arcadia Gateway
Centre Associates (Stanley W. Gribble, principal, AGCA) , the
Agency retained a future right to participate in the appreciation
of the development in the initial amount of $700, 000, based upon
a complex formula in the Disposition and Development Agreement
(DDA) . The developer signed a Promissory Note secured by a Deed
of Trust in favor of the Agency, in order to secure the Agency' s
interest in the property.
AGCA took-out a $14, 505, 000 loan from First Interstate Mortgage
Company to cover the first phase of the construction costs of the
Project. As part of this process and as set forth in the DDA,
the Agency agreed to subordinate its Deed of Trust to this loan,
and thereby take second position in the event of default by the
developer.
Mr. Gribble is now requesting an additional loan amount of
$7, 600, 000 from First Interstate Bank to cover the balance of the
construction costs of the project. This brings the total loan
amount to $22, 105, 000. As a requirement of this new loan, ACGA
and First Interstate have asked that the Agency sign a new
Subordination Agreement, whereby the Agency would subordinate its
interest in the Project behind the aggregate $22 , 105, 000 loan
(see attached Subordination Agreement) .
Agency staff spoke with Kevin Sargent, Vice President of First
Interstate Bank who confirmed that the banks exposure on the
combined loans does not exceed 80% of the value of the project;
the total project value is therefore $27, 631, 200. This value
offers adequate protection for the Agency's interest which could
increase according to our DDA from $700, 000 to $938, 000.
The draft Subordination Agreement has been reviewed and approved
by Agency Special Counsel, Steve Deitsch.
•
6-,A
LASER IMAGED
Recommendation
That the Arcadia Redevelopment Agency approve the Subordination
Agreement with Arcadia Gateway Centre Associates for the
additional loan amount of $7, 600, 000, and authorize execution of
appropriate document(s) by the Executive Director.
jj
rf.
Pp
A roved: .,- �
Eix cu ive DE f ector
Attachment
_2_ LASER IMAGED
24
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL.TO
NAME First Interstate Bank of Ca
5000 Birch Street
ADORES! Suite 2200
CITY AeTE L.Newport Beach, California 926601
Attn: Mona Russell
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Loan No. 357-03310
SUBORDINATION AGREEMENT- FORM C
(SUBORDINATE RECORDED DEED OF TRUST TO ADDITIONAL LOAN)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN 'fill: LIEN OP SOME OTHER OR LATER SECURITY
INSTRUMENT.
THIS AGREEMENT. made this 26th lc(r of March 19 90
by..Arc-ad a Gateway...Cen-,tre..Ass9C.iates.,...Ltd...,..a California Li ited..Faxtiieish P
owner of the land hereinafter des cribed and hereinafter referred to as "(aver'. and
Ar cad ia---Reclevelola nt.-Agency,..a..Publ c.Body,...Corporate..and.-Politic
present owner and holder of the deed of trust and note first hereinafter described eel and hereinafter referred to as "Bene-
ficiary';
W ITN ESSETH
THAT WHEREAS,
Arcadia Gateway Centre Associates, Ltd., a California Limited ede%
did on November 10s 1987 execute a deed of trust to
• Ticor Title Insurance Company of California , as trustee, covering:
• As per legal descrilption attached hereto and made a part hereof
to secure a note in the suns of 8700,000.00 dated November 10, 1987
in favor of Arcadia Redevelopment Agency, a Public Body, Corporate and Politic
which deed of trust was recorded November 10, 1987 as Instrument No. 87-1802286
Official Records of said county and is subject and subordinate to the (Iced of trust next hereinafter described; and
Associates, Ltd., a California Limited Partnership
WHEREAS, Arcadia Gateway Centre/ did on Novap.be 4.,....1987
execute a deed of trust toFir.st...II•1teIStatte-.MO 'tgage CcmPany= a California Corporation
as trustee, covering said land and securing an indebtednes 'r l nt 14 505,000.00 in favor
' ° fled °meat ` ncm
of First IntereState Mortgage Company, a I(•rcina ter referee to as en(er w uc eel of trust was
recorded...Nov.ember..1Q.,...1987 , IdiVvfk.as...Inst..-..No... ..87--x.80.22-84 Official Records of said county
and provides among other things that it shall also secure additional loans and advances thereafter made upon the terms
and conditions therein set forth; and
WHEREAS, Owner has executed, or is about to execute, a note in the amount of S.7.,.600.4.00...00 -
dated Match-.26.,-.19.90. , in favor of Lender. payable with interest and upon the terms and con-
ditions described therein, which note evidences and additional loan to be made by Lender to Owner under the terms and
provisions of, and secured by, said deed of trust in favor of Lender; and
WHEREAS, it is a condition precedent to obtaining said additional loan that said deed of trust in favor of Lender,
securing all obligations recited therein as being secured thereby. including but not limited to Said additional loan, shall
unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the
lien or charge of the deed of trust first above mentioned; and
LASER IMAGED . i�:
r
WHEREAS. Lender is willing to make said additional loan provided the deed of trust scrurine the same is a lien
or charge upon said land prior and superior to the lien or charge of the deed of trust first above mentioned and provided
that Beneficiary a ill specifically and unconditionally subordinate the lien or charge of the deed of trust first above men-
tioned to the lien or charge of said deed of trust in favor of Lender; and
WHEREAS. it is to the mutual benefit of the parties hereto that Lender make said additional loan to Owner; and
Beneficiary is willing that Cie deed of trust securing the same shall constitute a lien or charge upon said land which is
unconditionally prior and superior to the lien or charge to the deed of trust first above mentioned.
NOW.THEREFORE. in consideration of tine mutual benefits accruing to the parties hereto and other valuable con-
sideration. the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to
make the additional loan above referred to. it is hereby declared. understood. and agreed as follows:
(1) That said deed of trust in favor of Lender, as to said additional loan as well as all other obligations
recited as being secured thereby, and any renewals or extensions thereof, shall unconditionally he and re-
main at all times a lien or charge on the property therein described, prior and superior to the lien or
charge of the deed of trust first above mentioned.
(2) That Lender would not make its additional loan above described without this subordination agree-
ment.
(3) That this agreement shall he the whole and only agreement between the parties hereto with regard to
the subordination of the lien or charge of the deed of trim first above mentioned to tile lien or charge of
the deed of trust in favor of Lender as to the additional loan above referred to and shall supersede and
cancel any prior agreements as to such -tbordination.•
Beneficiary declares. agrees, and acknowledges that
(a) He consents to and approtes iit all provisions of the note evidencing said additional loan and the
deed of trust securing same, and iii I all agreements. including but not limited to any loan or escrow
agreements, between Owner and Lender for the disbursement of the proceeds of Lender's additional loan;
(b) Lender in making disbursements pin:suant to any such agreement is under no obligation or duty to.
nor has Lender represented that it will. see to the application of such [sorer,, by the person or persons to
whom Lender disburses such proceeds and any application or a-c of such proceeds for purposes other than
• those provided for in such agreement or agartncnts shall not defeat the subordination herein made in whole
or in part;
(c) He intentionally and unconditionally waives, relinquishes. and subordinates the lien or charge of the
deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in
favor of Lender, as to said additional locus as well as all other obligations recited therein as being secured
thereby, and understands that in reliance upon and in considerdion of this aaiccr. relinquishment and sub-
ordination specific loans and advances are being and a ill be made aiul. as part and parcel thereof,specific
monetary and other obligations are being and a ill be entered into nhick aould not be made or entered
into but for said reliance upon this waiver. relinquishment and subordination; and
(d) An endorsement has been placed upon the.note secured by the deed of trust first above mentioned
that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in
• favor of Lender above referred to.
NOTICE: THIS SUBORDINATION A(;I{KEME.\T CON'T'AINS A PROVISION WHICH ALLOWS THE PERSON
OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE
EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.
Beneficiary Owner
ARC.ADIA REDEVELOPMENT AGENCY, ARCADIA CNTEWAY CENTRE ASSOCIATES, LTD.,
a Pubic Body, Corporate and Politic a California Limited Partnership
BY rte[ BY 'v
anley W. Gobble
General Partner
•
(All signatures must be acknowledged)
LASER IMAGED
r
LEGAL DESCRIPTION
PARCEL 1:
Parcels 1, 2, 3, 5, 6 and 7, in the City of Arcadia, in the County
of Los Angeles, State of California, as shown on Parcel Map No.
19433, filed in Book 209 pages 1 and 2 of Parcel Maps, in the Office
of the County Recorder of said County.
PARCEL 2:
Perpetual Reciprocal non-exclusive easements for pedestrian and
vehicular ingress, egress passage and parking together with other
easements, interests rights and privileges as setforth in that
certain declaration of covenants, conditions and restrictions and
grant of easements recorded May 10, 1988 as document no. 88-645206
in the official records of county recorder for the County of Los
Angeles, State of California as amended by amendment no. 1 recorded
August 9, 1988 as instrument no. 88-1254804 of official records.
•
CAT.NO. NN00630
TO 1946 CA(9-84)
(Partnership) • J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF ORa n 5 2 } SS.
t On A`o R; 1. --'7) 19 9'0 before me, the undersigned, a Notary Public in and for
said State, personally appeared o 5 to rl t e y U..). G A e b b le— .
Id
C
Y
_ , personally known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within instrument as
f eneaa i part+neR oi-ilte-perretters of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same. 4 ' 8M E ALLYN
WITNESS my hand and official seal. c..,;
•_,Itia,:i ORANGE COUNTY
Signature '_ ./ ' i/— / f I'Corm.Ezp.Daa7,19Q2
(This area for official notarial seal)
LASER IMAGED