HomeMy WebLinkAboutOctober 2, 1990;r
A G E N D A
ARCADIA CITY COUNCIL MEETING
OCTOBER 2, 1990
7:30 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Ciraulo, Fasching, Gilb,
Harbicht and Young
MINUTES of the adjourned and regular meetings of
September 18, 1990
MOTION: Read all ordinances and resolutions by title
only and waive reading in full.
PRESENTATION by Newco Waste Systems on the status of
recycling
1. PUBLIC HEARING
ACTION
All Present
Approved
Adopted
Consideration of an appeal of the Planning Commis-
sion's denial of MP 90 -009, a request to construct Public Hearing Closed;
a two -story dwelling with an attached garage Appeal denied
at 717 Cortez Road (Ho Corporation, appellants).
2. BOARDS AND COMMISSIONS
a.
Recommendation from
Personnel Board to establish
a job specification
for Computer. Operator/
Programmer Intern.
Approved
b.
'Recommendation from
Personnel Board to establish
a job specification
for Grounds Worker. Approved
C.
Recommendation from
Personnel Board to establish
a job specification
for Public Works Inspector
and revision of a job specification for Water
Field Superintendent. Approved
d.
Recommendation from
Recreation and Parks
Commission to endorse Proposition B on the
November ballot.
Approved
AGENDA 10/2/90
ACTION
3. Time reserved for those in the audience who wish
to address the City Council,(five - minute time gab Nicholson
limit per person).
4. RECESS CITY COUNCIL
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 September 18, 1990 Approved
c. Request for approval of Non - Disturbance
Agreement with Arcadia Gateway Centre
Associates (Southside Project).. Approved
d. ADJOURN to 5:00 p.m., October 16, 1990
6. RECONVENE CITY COUNCIL
7. CONSENT ITEMS
a.
Report and recommendation regarding temporary
Christmas Tree storage tents.
Approved
b.
Request to reduce Business License fees for
amusement rides and entertainment for the
Chamber of Commerce County Fair.
Approved
c.
Consideration of Final Map 46827 for a 10 -unit
condominium project at 1001 Fairview (Hsu &
Associates, owner /developer).
Approved
d.
Consideration of Final Map 48467 for an 11 -unit
condominium project at 303 -311 S. Second
(Engles Shen & Associates, on behalf of Peter .
Lin, owner /developer).
Approved
e.
Report on Improvement of Median Islands on
Colorado Street at Colorado Place - Job No.
508.
Denied
f. Recommendation to approve additional work for
Improvement of Railroad Bridge at Second Avenue
and Huntington Drive - Job No. 656. Approved
g. Request from Arcadia High School to conduct a
Public fireworks display on October 12, 1990. Approved
-2- AGENDA 10/2/90
8. CITY MANAGER ACTION
a. Report on Stop Sign Request for Elevado Avenue
between Grand View Avenue and Virginia Approved 3 -way stop
Drive. at Elevado /Sierra Madre
b. Consideration of a request for a determination Approved except for nail
that certain uses are compatible in the salon and pizza take -
CPD-1 zone. out
9. CITY ATTORNEY
RESOLUTION NO. 5550, designating the Los Angeles
County Transportation Commission as the Los
Angeles Congestion Management Program Agency for
Los Angeles County. Adopted
10. MATTERS FROM STAFF
11. 'MATTERS FROM ELECTED OFFICIALS
12. ADJOURN to 5:00 p.m., October 16, for joint
study session with the Planning Commission
Lopez - Check out traffic delay at Foothill /Baldwin
-3 AGENDA 10/2/90
✓ e "..,a r rc° S
Date 1990
TO: Arcadia City Council
FROM: Gerald R. Gardner, Fire Chie f
SUBJECT: REQUEST FROM ARCADIA HIGH SCHOOL TO CONDUCT
A PUBLIC FIREWORKS DISPLAY
Pursuant to Municipal Code, Section 3115.2.6,
Arcadia High School is requesting that the City Council
approve the issuance of a permit to conduct a public
fireworks display.
The fireworks display is proposed as part of the annual
half -time festivities at the Homecoming football game
on October 12, 1990. The high school has conducted a
similar fireworks display over the past several years
without incident.
Fire Department Staff has reviewed the application and
recommend that a permit may be granted subject to the
following conditions:
1. Display to be conducted by a licensed pyrotechnic
operator.
2. Site plan of firing area to be approved by the
Fire Department.
3. Insurance certificate on file.
4. Aerial shells and pyrotechnics be delivered to the
site on October 12, 1990.
5. All pyrotechnics be removed immediately following
the display.
6. A City Fire Inspector be present at the site during
the display; personnel cost to be reimbursed by the
pyrotechnic operator.
Recommendation:
It is recommended that Council approve the issuance of
a permit for a public fireworks display at Arcadia High
School subject to the conditions listed in the staff
report.
Approved:
_"f't/,/J,
"41�
William Woolard, City Manager ro Tem
GR:mr
LASER IMAGED
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Asocadia High Schwool
Arcadia Unified School District
Mr. Jerry Barshay Mr. Don Cooke Mr. Thomas W. Payne Mrs. Linda S. Colley
Principal Assistant Principal Assistant Principal Assistant Principal
Ext. 214 Athletics & Discipline Activities & Attendance Curriculum & Guidance
Ext. 356 Ext. 258 Ext. 277
180 Campus Drive • Arcadia • California •91007• Phone (818) 446 -0131
September 24, 1990
Mr. George Watt
c/o Chief Gardener, Fire Dept.
City of Arcadia
240 W. Huntington Drive
Arcadia, Ca. 91007
Dear Mr. Watt:
On Friday evening, October 12, 1990, Arcadia High School will hold its Homecoming
football game. As a part of the half -time festivities, we will have a fireworks display located
on the baseball diamond.
I am requesting a variance of Section 3115, 2.6, of the Municipal Code for permission to
have a public display of fireworks at this time.
Thank you for your cooperation in this matter.
Sincerely yours,
ARC IA HIGH SCHOOL
Th� s ayne
Assistant Principal
Activities and Attendance
TWP:smb
"IN PURSUIT OF EXCELLENCE"
LASER IMAGED
a
APPLICATION FOr -'ERMIT - PUBLIC FIREWORKS DISPL
We, San Diego Fireworks hereby make application for permit to conduct a display of
fireworks as defined by the California State Health and Safety Code, and agree to
comply in every particular with the law pertaining thereto as set forth in Part 2
or Division 11 of the Health Safety Code, and the Rules and Regulations adopted by
the State Fire Marshal.
1 Sponsoring Organization Arcadia High School
2. Address 180 Campus Drive, , Arcadia, CA 91007
3 Date of Display 10/12/90 FROM: 9:30 PM TO: 9:59 PM
4. Location Baseball Diamond aiacent to football field 180 Campus Drive Arcadia CA 91007
A diagram of the grounds and firing area is attached.
5 Persons who will actually discharge fireworks. (Minimum of 2)
Name State License Number
Rob Swank 1202 -02 Pyrotechnic Operator In Charge
AND ASSISTANTS
6. Number, size and kind of fireworks:
AERIAL SHELLS
DESCRIPTION
SIZE
QTY
SIZE
I QTY
2"
10
6"
2.5"
35
7"
3"
5
8"
BASE ITEMS
4"
1 10"
FOUNTAINS
5"
1 1211
LOW LEVEL & GROUND ITEMS
DESCRIPTION
QTY
DESCRIP,
QTY
ROMAN CANDLES
9
DEVICES
7
BASE ITEMS
1
FOUNTAINS
3
7. Description of storage facilities and location on grounds:
Delivered to site on date of display
8. Certificate of Employees Compensation Insurance Expiration Date: Nov 5, 1990
issued by: State Compensation Insurance Fund 621958 -89 is attached.
9. Documentary proof of the following are attached:
General Liability Insurance Policy Number 89/4048/A00
General License Number GPD -500 issued by SW9 Fire Marshall
Applicants Signature
Applicants Address:
P. O. Box 203186, San Diego, CA 9M20
PERMIT FOR PUBLIC DISPLAY OF FIREWORKS to be held (date) Oct 12, 90
hereby: (granted) (denied)
(CROSS OUT ONE)
Signature
Title Fire Chief
PURSUANT TO ATTACHED California State Fire Marshal Documentation, permission
to utilize H. D. P. E. mortars in conjunction with this display is hereby:
(granted) (denied)
(CROSS OUT ONE) Signature
LASER IMAGED
10J
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October 2, 1990
TO: ARCADIA CITY COUNCIL
FROM: DONNA L. BUTLER
ASSISTANT PLANNING DIRECTOR
SUBJECT: REQUEST FOR DETERMINATION OF COMPATIBLE USES
CPD-1 ZONE
Attached is a letter from Mindy Jay, leasing agent for the Landmark Development
project at 333 East Huntington Drive. Ms. Jay is requesting a determination from the
City Council as per Section 9260.1.4.(24) that the following uses are compatible uses
in the CPD-1 Zone.
weight centers - (i. e., Jenny Craig, Nutrisystem) -
toy/hobby shops
-dry cleaning plant with no more than 2 pressors
beauty supply/cosmetics
health food retail store --
haircutting
nail salon -
mailbox alternative store
pizza (take-out only)_-:
BACKGROUND
When the CPD-1 regulations were adopted in 1981, they were designed to primarily
encourage business and professional office uses, financial institutions, and very
limited retail facilities and service-oriented businesses. Other uses were permitted
with an approved Conditional Use Permit such as eating establishments, health
clubs, etc.
In 1985, during the City Council's consideration of development proposals for both
the north and south side of Huntington Drive, it was apparent that the market
conditions were such that consideration should be given to allowing additional
retail uses within this zoning designation. The Council approved Text Amendment
85-2 which allowed for limited commercial retail uses (as noted in Exhibit A). The
above uses were not included in the list of permitted uses.
Determination of Use
10/2/90
LASER I AGED Page 1
12
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ANALYSIS
The Planning Department in reviewing the above lists would recommend
including the following as permitted uses in the CPD-1 zone
weight centers - (i. e., Jenny Craig, Nutrisystem)
toy/hobby shops
dry deaning plant with no more than 2 pressors
beauty supply/cosmetics
health food retail store
The original CPD-1 regulations were adopted to primarily encourage business and
professional office uses, financial institutions, and very limited retail facilities and
service oriented businesses. It is the Planning Department's opinion that the
following uses are not appropriate uses in the CPD-1 zone:
haircutting
nail salon
mailbox alternative store
pizza (take-out only)
GROW
The City Council may:
ISItetermine tha a the - =s sue;_ es.e 01 by woh,,u[g'p-d? f of y " the
PD-1 zone an. c, W_!;1 h .er Section 9260.1.6.
IsPetermine that C ,att. ati020 as identified by the Council are compatible uses.
in the CPD-1 •1 •` •s_=?1 kg .ermitted as per Section 9260.1.6.
!Determine tha 5 Cai, -s identified by City Council 13.ermitted
ses o-v, 7 Cl r @fp o roved con.itiona per/RI': a lu a ed o 0
"Uces Su:mi to onion= Tse ermit
•
Determination of Use
LASER IMAGED 1I/2a e
/902
•
CPD-1 ZONE
9260.1.2. OFFICE USES.
9260.1.3. PROFESSIONAL OFFICES
9260.1.4. FINANCIAL INSTITUTIONS
9260.1.5. AUTOMOBILE PARKING AREAS
9260.1.6. LIMITED RETAIL USES
Retail establishments for the following uses:
1. Antique Stores selling only merchandise which is more than 100 years
old.
2. Bakeries, Ice Cream Stores or Confectionery Stores not employing more
than five persons at any one time of day.
3. Book or Stationary Stores.
4. Clothing or Wearing Apparel Shops selling only new merchandise.
5. Delicatessen Shops
6. Department Stores
7. Florist Shops
,8. Furniture sales or rental stores
9. Hardware Stores
10. Interior Decorating Stores
11. Jewelry Stores
12. Locksmith Shops
13. Music Stores, Instrument Sales, Rentals and Lessons
14. Paint and Wallpaper stores
15. Pet Shops
16. Photograph Stores
17. Photograph Studios
18: Printing or Lithographing Services
19. Radio and Television Stores and incidental repair services
20. Records, audio and video tape products, sales, rentals and incidental
repair services.
21. Tailor, dressmaking shops
22. Typewriter and computer products sales, rentals and incidental •
services.
23. Sporting goods stores.
• 24. Any other uses deemed by the City Council to be compatible with the
purposes of this Title.
Determination of Use
10/2/90
o LASER IMAGED Page 3
1.�
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9260.1.12. USES SUBJECT TO CONDITIONAL USE PERMIT
1. Communications Equipment Buildings.
2. Drive-in facilities for Financial Institutions
3. Eating Establishments
4. Electric Substations
5. Employment Agencies
6. Health Clubs
7. Hotels
8. Light Industrial and Manufacturing uses. Lighting industrial and
manufacturing uses,which are clearly compatible with uses which are
permitted in the zone.
9. Motor vehicle sales
10. Outdoor eating establishments
11. Private clubs, fraternities, sororities, lodges and community service
organizations, provided that the chief activity of any such use is not
one which is customarily carried on as a business.
12. Residential uses which are an integral part of a commercial
development
13. Restaurants
14. Any other uses deemed by the City Council to be compatible with the
purposes of this Title.
15. Every retail business selling liquor for off-premise consumption and
every retail business selling goods and products to the public on a walk-
in basis which is open more than 16 hours per day or which is open to
the public any time between midnight and 6:00 a.m. and located less
than 150 feet from residentially zoned property.
LASE 1-• illation of Use
u 10/2/90
Page 4 123
)
International, Inc.
September 6, 1990
Donna Butler
Assistant Planning Director •
City Of Arcadia
240 W. Huntington Dr
Arcadia, CA 91007
RE: Uses Permitted for CPD-1 Zone
Dear Ms. Butler:
Based upon Section 9260.1.4 (24),we are requesting, and would like a determination from
the City Council that the following uses are compatible with the other uses that are
permitted within the CPD-1 zone:
weight centers (no gym);toy/hobby shop; drycleaner plant with no more than 2 pressors;
beauty supply/cosmetics; health food retail store; haircutting (not full service salon); nail
nail salon; mailbox alternative store; pizza (for take-out only)
Understanding that times have changed since the CPD-1 zone was established many
years ago, and in light of the fact that our marketing efforts have shown such a strong
response from these type of proposed businesses, perhaps consideration can be given
at this time.
Thank you for your consideration.
I look forward to your prompt reply. •
Sincerely,
•
BP INTERNATIONAL, INC.
Mitl* AY
Vice •r sident - Leasing/Marketing
/jk
cc: Ronnie Lam/ Kam Sang
LASER IMAGED
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333 W. Broadway, Suite 301, Glendale, California 91204 / Telephone (818) 500-4083 / Fax (818) 500-7658 . ii
06,�o - x 3
C1C/�Pw�t�C1k
I emo'iatu u�rc
ARCADtw
�R`RATS
Date _____1.9/2/90
TO: Arcadia Redevelopment Agency
FROM: Joyce Friedmann, Economic Development Assistant
SUBJECT: Request For Approval Of Non-Disturbance Agreement With
Arcadia Gateway Centre Associates (Southside Project)
The developer of the Southside Project, Arcadia Gateway Centre
Associates (Stanley Gribble) and General Mills Restaurants, Inc.
(the Olive Garden) have asked the Agency to sign a Non-
Disturbance Agreement (see attached) to protect the current lease
rights of General Mills Restaurants in the event the developer
defaults on his loan. (Should the Agency be eligible to receive
and Mr. Gribble not pay the Participation Amount as set forth in
the DDA between the Agency and Arcadia Gateway Centre Associates,
the Agency can foreclose on the Deed of Trust on the property. )
The Non-Disturbance Agreement (the "Agreement") would require the
Agency as a result of Agency foreclosure on the Arcadia Gateway
Centre property to allow the Olive Garden Restaurant to remain
"undisturbed" as a tenant of the center. It would require that
the Olive Garden Restaurant recognize the Agency as the new
landlord and treat the Agency accordingly (i.e. , pay rent to the
Agency in accordance with the terms of the "Lease" between
Arcadia Gateway Centre Associates and General Mills Restaurants,
Inc. ) . The Agreement would also require the Agency to accept the
responsibilities of landlord under the Lease.
This Agreement has been reviewed and approved by Agency Special
Counsel.
�'m^ ,,qq
7�?;
That the Arcadia Redevelopment Agency approv he cm-Disturbance
•greement• bet-1,76644'z •rcao Re-devetiopment:.Agency:, ^Arcadia, Qatewa%y
aggigiag Assoc General Mki1,M Restaurants/AMAirsubjeit
sfiii o ns approved at Agen Counsel:, -n. au thore
tive Dire ' or -o execute th=4 Agreement, ;=>7.
,L4U/1.2gti7
Approved:
Executive Director
Attachment
LASER IMAGED,
,e
4
a
Z
NON-DISTURBANCE AGREEMENT
This Agreement is by and between General Mills Restaurants,
Inc. , a Florida Corporation as "TENANT" and Arcadia Redevelopment
Agency, a Public Body, Corporate and Politic, as "MORTGAGEE" and
Arcadia Gateway Centre Associates, Ltd. . a California Limited
Partnership, as "LANDLORD" .
W I T N E S S E T H
WHEREAS, on the 28th day of February, 1990 the LANDLORD and
TENANT entered into a written lease (hereinafter called "Lease")
for certain premises in the City of Arcadia, County of Los Angeles
and State of California, which are more particularly described in
Exhibit "A", attached hereto and made . a part hereof as if fully
written herein; and
WHEREAS, MORTGAGEE is the holder of a lien and encumbrance
thereon as security for the obligation of LANDLORD under a certain
Disposition and Development Agreement entered into by and between
Landlord and Mortgagee dated May 6, 1986, as amended (the "DDA")
and such lien and encumbrance is hereafter referred to as a
mortgage solely for purposes of., ' convenience under this Non-
Disturbance Agreement; and
WHEREAS, the parties desire to acknowledge TENANT'S interest
in the premises and its right thereto so long as TENANT is not in
default thereunder.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and the parties- intending to be legally bound
thereby, the parties hereto hereby agree as follows:
1. Non-disturbance. So long as the TENANT is not in default
in the payment of rent or additional rent or in the performance of
any of the terms of the Lease, and so long as TENANT'S use of the
leased property conforms to uses permitted under the DDA and does
not violate the covenants set forth in Article IV of the DDA, the
TENANT'S possession of the leased property and the TENANT'S rights
and privileges under the Lease or any renewal thereof shall not be
diminished or interfered with by the MORTGAGEE and MORTGAGEE
recognizes said Lease.
2. Attornment. In the event the mortgage is foreclosed for
any reason and the MORTGAGEE succeeds to the interest of the
LANDLORD under the Lease, the TENANT shall be bound to the
MORTGAGEE under all of the terms of the Lease for the balance of
the term thereof remaining with the same force and effect as if the
MORTGAGEE were the landlord under the Lease, and the TENANT hereby
attorns to the MORTGAGEE as its landlord, such attornment to be
effective and self-operative, without the execution of any further
instrument on the part of either of the parties hereto, immediately
upon the MORTGAGE succeeding to the interest of the LANDLORD under
the Lease. Notwithstanding anything.. herein to the contrary, the
LASER IMAGED
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TENANT shall be under no obligation to pay rent to the MORTGAGEE
until MORTGAGEE has succeeded to the interest of the LANDLORD under
the Lease. The respective rights and obligations of the TENANT and
the MORTGAGEE upon such attornment shall to the extent of the then
remaining balance of the term of the Lease be the same as now set
forth therein, it being the intention of the parties hereto for
this purpose to incorporate the Lease in this agreement by
reference with the same force and effect as if set forth at length
herein.
3 . Landlord's Obligations. In the event that the mortgage
is foreclosed for any reason or the MORTGAGEE exercises any rights
which it may have under the DDA and the MORTGAGEE succeeds to the
interest of the LANDLORD under the Lease, the MORTGAGEE shall be
bound to the TENANT under all of the terms of the Lease, and the
TENANT shall, from and after such event, have the same remedies
against the MORTGAGEE for the breach of an agreement contained in
the Lease that the TENANT might have had under the Lease against
the prior landlord thereunder. In no event shall the MORTGAGEE be
liable for any act or omission of any prior landlord, be subject to
any offsets or defenses which the TENANT might have against any
prior landlord, or be bound by any rent or additional rent which
the TENANT might have paid to any prior landlord for more than the
current month.
4. Binding Effect. The rights and obligations hereunder of the
TENANT and the MORTGAGEE shall bind and inure to the benefit of
their respective successors and assigns.
2 LASER IMAGED , ., ,
Witnesses:
General Mills Restaurants, Inc.
(TENANT)
By:
(Corporate Seal) Richard D. Halterman
Senior Vice President .
ARCADIA REDEVELOPMENT
AGENCY, A PUBLIC BODY,
CORPORATE AND POLITIC
APPROVED AS TO FORM: (MORTGAGEE)`
By:
Agency Counsel George J. Watts
Executive Director
ATTEST:
Agency Secretary
(Seal)
•
ARCADIA GATEWAY CENTRE
ASSOCIATES, LTD. , A
CALIFORNIA LIMITED
PARTNERSHIP (LANDLORD)
•
By:
Its:
LASER IMAGED
3
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STATE OF CALIFORNIA )
ss
COUNTY OF
On this day of .., 19 , before me, the
undersigned, a Notary Public in and for said County and State,
personally apeared and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as the Executive Director and Secretary of the Arcadia
Redevelopment Agency (the "Agency") , and acknowledged to me that
said Agency executed the same.
Notary Public in and
for the 'State of
(SEAL) California
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that before me personally appeared
to me well known and known to me to be the Senior Vice President
of and he did acknowledge before me that
said instrument is the free act and deed of said corporation by
him executed as such officer for the purposes therein expressed;
that the seal thereunto attached is the corporate seal by him in
like capacity affixed; all under authority in him fully vested by
the Board of Directors of said corporation.
Witness my hand and official seal this day of
, 1990.
LASER IMAGED
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' %•. /�,, (Please note that the lease agreement between C
P � `!!/c: Arcadia Gateway Centre Associates and general L
�� ' ''s-'a • =f. • "�- Nills Restaurants, Inc. , is available for review. e0
a- . i . \
' "- i' ��_ �� in the Economic �evelo?rzent Department. ) czt
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