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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 I 1 ' "' �J 1I a 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 • 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 • 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.� • 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 '_ O 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 ' r J 1 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 � _ ►,)P 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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