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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 ` RCA a e °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 ' :4 •. ..-_,......... • • •._. • 1 Li-4/,,,, . ......„...... , • .... . ,, • 0._____„=____ ,,,, • l ill '� I, .,ti /: 9l8 G^ P u.P•' ING STRUCTUA . 9q„ �IGNA MEDICAL OFFICE DUI.INO( , ITDANA ACtl I .- - 1 4:14,• 'IV N \nlimI111111t� ' X413 Pi �H NEW 4 S • �! 9 • { M OFFICE BUII0 t _ _ I A OFFICE Bunnl ��= -.- 9 S).000 S.F. "..441 d ,�Ft 11.° t 11■ I ,,�' - I I ,1. or, ¢ � j I ,8 rn �j RETAIL SHOPS 1 • 1 2 70 t = - ; NNNNN. . , EX STING 3 STORY OFFICE BUILIiINO - BENN%3AN5 RESTAURAN' RESTAURANT _ 6 • ■ •1 • 41) Iti f ! 4 Rb t‘ yi HUNTINGION I'WE SITE PLAN „ t4 Z A R C A D I A G A T E W A Y C E N T R E -ir H H' SWG ASSOCIATES H / —....–.....---- • The Olive Garden Restaurant cJ`' PiP = _ °"' =- Ct / e. /ra ter em® za duns J 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