HomeMy WebLinkAboutJanuary 7, 1992.
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6:30 o.ID. - STIIDY SBSSION ON CITY INVEBTMENTB
A a B N D A
~ ARCADIA CITY COIINCIL MSETIN(i
JANIIARY 7, 1992
7:30 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Ciraulo, Fasching, Harbicht,
Young and Gilb
MINUTES of the adjourned and regular meetings of
December 17, 1991 ,
MOTION: Read all ordinances and resolutions by title
only and waive reading in full.
1. PUBLIC HEARINQ
ACTION
Approved
Ado~ted
Consideration of Text Amendment 91-006, amending
Section 9273.1.10 of Division 3 in the S-1 Special Public Hearing
Use Zone relating to horse racing live and via Closed; Approved
satellite .(The Los Angeles Turf Club, Inc.,
applicant).
2. PIISLIC HBARINa
Consideration of an appeal of the Planning Commission's
denial of MP 91-006, upholding the Highland Homeowner's
Association's Architectural Review Board's approval of a
second floor addition at 2050 Vista Avenue (Norma Public Hearing
Iovine and Mrs. Gina Putkoski Chodos, appellants, Closed: Denied
Mr. and Mrs. Robert Cooley, owners).• M;iio,- SYP~ara
Resolution with
' findings
A(iBNDA 1/7/92
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3. PIIBLIC HEARIN(3 ACTION
Q.
ress e i y Council (five-minute time
1'imit per person). Dr. Spanier
Consideration of an appeal of the Planning Commission's
denial of MP 91-008, for the design of certain elements
of a front yard landscaping project at 284 Arbolada
Drive which were not consistent with the plans approved
under Application MC 91-005 (Dr. and Mrs. Dale, Public Hearing
property owners/appellants). ~locad~ DPniad
Miller prepare
Resolution with
Time reserved for those in the audience who wish findings
to add th C't
5. RECE88 CITY COIINCIL
6. MEETIN(i OB THE ARCADIA REDEVELOPMENT A(iENCY
a. ROLL CALL: Agency Members Ciraulo, Fasching,
Harbicht, Young and Gilb
b. MINUTES of the meeting of December 17, 1991
c. ADJOURN to 6:00 p.m., January 16, 1992
7.
8.
CITY COIINCIL
CONSENT ITE2i8
Al1 Present
Approved •
a. Report and recommendation for the purchase of one
root control herbicide foam generating unit for
the Public Works Division. Approved
b. Report and recommendation for the purchase of one
Dodge Dynasty sedan for the Water Division. Approved
c. Report and recommendation to renew the G& S
Towing Contract. ~ Approved
d. Recommendation for award of contract - Landscape
Maintenance Contract (February 1, 1992 through
January 31, 1995). Approved
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A(iENDA 1/7/92
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8. CONBENT ITEMB (continued)
e. Recommendation for final acceptance - Seismic Repair
and Retrofit of Police Department buildings -
Job No. 520. . Approved
f. Ratification of Workers' Compensation settlement -
J. Weimer. ~nrnvPd
9. CITY MANACiER
a. Request for authorization to procure new utility
billing system.
b. Report regarding the determination of use for a
Karaoke Singing Studio in the CPD-1 zone.
c.
ACTION
Conti.nued to 1/21;
Dale report re:
larger post
card
Denied
Report on the request for annexation and water ~nceptual approva
service for a portion of Nick Pokrajac's property of tank on
located in the City of Monrovia. Folcrajac property
as per
recarnnendation
10. CITY ATTORNEY
a. ORDINANCE NO. 1960 - For Adoption - approving
Zone.Change Z-91-O1o, changing the existing
zoning from R-1 7,500 to R-1 10,000 for certain
properties in southwest Arcadia. Adopted
b. ORDINANCE NO. 1962 - For introduction - Adding a
Chapter 7 to Article IX of the Arcadia Municipal
Code regarding the preservation of oak trees. Introduced
c. RESOLUTION NO. 5640,~implementing bilingual pay
program for general and management employees.
d. Claim of K. Fagan
il. MATT$R8 FROM 8TAH8
12. MATTERB FROM ELECTED OFFICIALB
Denied
Denied
13. ADJOIIRN to 6:00 p.m., January 16, 1992, for tour of the
Arcadia Library, in memory of Bea Long, Mark Shiveley and
Bernice Goddard and Les Loechner
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AC~ENDA 1/7/92
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A V
City Council Meeting - January 7, 1991.
Woolard - Report to Council in response to Dr. Spanier re:
garden wall and lifting of Stop Work Order at 2222 Cielo Place.
Approved letter to Mayor Bartlett re: selection of City
members on Los Angeles Metropolitan Transportation Authority.
0S / o -zo
JANUARY 7, 1992
TO: CITY COUNCIL ,1/.
FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING `
GERALD GARDNER, EIRE CHIEF fr
JOSEPH LOPEZ, DIRECTOR OF PUBLIC WORKS
ro $ 1,11 t/
ELDON DAVIDSON, ASST. CITY ENGINEER/WATER MGR.V
SUBJECT: REQUEST FOR ANNEXATION AND 1 1 �,,�
WATER SERVICE FOR A PORTION OF \
NICK POKRAJAC'S MONROVIA PROPERTY �/y ,.
y` �f
The Council's consideration of this request was continued from the Council's
meeting of November 19, 1991, at the request of Mr. Pokrajac. Attached is a
letter from Barbara Hall, representing Mr. Nick Pokrajac, responding to issues
raised in staff's November 19th report.
ANNEXATION ISSUES
Ms. Hall's letter references a number of terms and conditions in the
agreement between Mr. Pokrajac and Mr. Bluth. As noted in our November
19th report, the agreement between Mr. Bluth and Mr. Pokrajac is a private
agreement, the terms and conditions of which are not applicable to and not
enforceable by the City of Arcadia. There is no assurance that the daylighted
areas will be deeded to the contiguous Lots 15, 16, 17 and 18 within the Bluth
development. Any such deeding would have to be done simultaneously
with an annexation/deannexation since the Municipal Code does not permit
lots to be divided by the City Limit Line.
Mr. Pokrajac's proposed Lots 7 and 8 are located at the end of Bluth tract
driveway/emergency access road. However, Mr. Pokrajac has not submitted
evidence that he has the right (from Mr. Bluth) to use this driveway for access
. to proposed Lots 7 and 8. The only public access to proposed Lots 7 and 8
would be from Monrovia because these proposed lots do not have legal access
through private streets in the Whispering Pines Tract.
WATER SERVICE ISSUES
As mentioned in the previous staff report, the Bluth Tract was approved
recognizing the possiblity of Mr. Bluth locating a water tank on Mr. Pokrajac's
Monrovia property. There are a number of significant issues which would
have to be resolved before this could occur including, but not limited to, tank
size, water flow, tank location, tank ownership, tank access and access
1 POKRAJAC
1/7/92
LASER IMAGED J
easements, tank protection, and possible need for emergency power and an
additional pumping station.
Tank Size. For each proposed additional lot (not including Lot 1), the capacity
of the tank should be evaluated for adequacy of emergency domestic storage.
In addition, Monrovia may require additional capacity to provide for the fire
protection of properties within their jurisdiction.
Water Flow. The water flow must be engineered to meet the minimum
requirements of the Fire Department. This is determined by tank location,
water level in the water tank, water line diameter, water line friction loss, and
water line distance.
Tank Location. The agreement between Mr. Bluth and Mr. Pokrajac states
that the tank location is to be designated by Mr. Bluth. The location shown by
Mr. Pokrajac may not be acceptable to Mr. Bluth. The attached letter to
Barbara Hall from Monrovia's Director of Public Works notes that Monrovia
has not approved the tank location. Nothing has been presented to indicate
that Mr. Bluth, at this time,wishes to place a tank on Mr. Pokrajac's property.
The plans for Mr. Bluth's tank to be located within Arcadia are nearly
complete.
Tank Ownership. The tank and the secured area around the tank would have
to be deeded to Arcadia.
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Tank Access. Access easements would have to be granted to Arcadia, and the
actual roadway configuration and construction would have to be subject to
approval by Arcadia.
Tank Protection. The proposed tank location is within an existing canyon,
surrounded by steep hillsides and brush areas. An area around the tank
consisting of non combustible materials and a masonry perimeter wall would
be required and be subject to the approval of the Fire Department. A hydrant
at the tank and possibily part way down the access road would be required to
• protect the tank in the event of a fire within proximity of the tank.
Emergency Power. Provisions for emergency power must be provided if
deemed necessary by Arcadia.
Pumping Station. Because of the proposed tank location, an additonal
pumping station may be required. This would have to be determined by
engineering studies.
The Arcadia Fire Chief did not agree to provide "fire service" if the tank were
located on Mr. Pokrajac's property. He indicated that if the water system were
to be adequately redesigned, "fire flow" could be provided, to a hydrant which
2 POKRAJAC
LASE IAGE
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should be located within Arcadia,just west of the existing gates at the end o
the emergency access road. In the event of a fire on proposed Lot 8, the
Monrovia (or Arcadia) Fire Department could connect to the hydrant. The
hydrant located in Arcadia gives Arcadia control over the hydrant and water
usage. Monrovia's possible usage of this hydrant would be temporary, until
Monrovia has its own system serving the balance of the Pokrajac property.
RECOMMENDATION
As stated in our prior report, Mr. Pokrajac secured a building permit for his
house which is currently under construction on proposed Lot 8 from the City
of Monrovia. As a contractor he should have been aware of Monrovia's
requirements before commencing construction. He can meet Monrovia's .
requirements by either constructing a water line from Monrovia's existing
water tank (located to the northeast), or by providing a booster station at
Madison and constructing a reservoir tank at a higher elevation on his
property (same as Arcadia required of Mr. Bluth).
For some time now staff has worked with Mr. Pokrajac. Unfortunately, the
proposals that have been brought before us consists of "What ifs", not specific
proposals which have been agreed upon by both Mr. Pokrajac, Mr. Bluth and
the City of Monrovia. The continued review and preparation of staff reports
is a burden upon staff's time and the taxpayers of Arcadia who are
underwriting the associated costs.
Mr. Pokrajac and Mr. Bluth need to develop a jointly engineered proposal,
which meets both Monrovia's and Arcadia's requirements before this matter
is again brought before the City Council.
There is no benefit to the City of Arcadia for annexing any of Mr. Pokrajac's
property.
It is recommended that the Mr. Pokrajac's property not be considered for
water service unless and until a specifically engineered proposal for water for
domestic and fire protection is worked out by Mr. Pokrajac and Mr. Bluth
which is acceptable to the cities of Arcadia and Monrovia.
It is recommended that the Mr. Pokrajac's property not be considered for
annexation.
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Approved: � -
Geor e J. Wa , ity Manager
3 POKRAJAC
LASER I AGED 5
_ENNETSH I. MULLEN, CONS"�TING ENGINEERS, INC.
444 EAST HUNTINGTON DRIVE. SUITE 310 ARCADIA. CALIFORNIA 91006.3768
18181 445-22 1 2 FAX 18 1 81 4458294
e 616 SOUTH EL CAMINO REAL. SUITE C. SAN CLEMENTE. CALIFORNIA 926724272
a .
171 4) 361 2740
December 9, 1991
City of
P.O. BoxA60adia • DEC 0 9 1991
Arcadia, California 91066 CITY OFARCADIA
PLANN:tC,DEPT.
Attention: William Woolard, Director of Planning and
Joseph Lopez, Director of Public Works
Subject: Request for Annexation and Water Service for a
Portion of Nick Pokrajac's Property in Monrovia,
Dear Mr. Woolard and Mr. Lopez:
We have received the staff report prepared for City Council re-
view for the subject request. In response to some of the issues
raised by staff in objecting to this project the following items
are enclosed:
1. Copy of a letter to Eldon Davidson, Assistant City
Engineer/Water Manager for the City of Arcadia from
Robert K. Sandwick, Director of Public Works for the
City of Monrovia stating that Monrovia will relinquish .
service.
2 . Copy of memorandum from the City of Monrovia Development
Review Committee regarding deannexation of the property
in question suggesting the matter be subject to further
review and discussion with the City of Arcadia.
3 . Copy of signed agreement between Mr. and Mrs. Charles P,.
Bluth and Mr. Nick Pokrajac.
The above documents specifically address several of staff's
concerns. These are further described below.
ANNEXATION ISSUES
The agreement between Mr. Bluth and Mr. Pokrajac specifically
states in Section 2 (a) under "Terms and Conditions" that the
daylighted areas will be deeded to the contiguous lot areas of
Lots 15, 16, 17 and 18 of Tract 42936 by Mr. Pokrajac.
It is proposed that a lot line adjustment be prepared with a
certificate of compliance and associated deeds to accomplish
this. This is stated in our letter of October 11, 1991, attached
to the staff report. The lot- line adjustment should occur simul-
taneously with the annexation/deannexation.
The three new lots proposed would- be created by parcel map. This
is also stated in our letter of October 11, 1991. Q
REPORTS . PLANS - SPECIFICATIONS - ASSESSMENT DISTRICTS - RATE STL S)E 9 -IMAGED
page 2
Arcadia/Pokrajac
December 9, 1991
Proposed Lot 1 will have legal access from -Mr. Bluth's Tract
42936 via a 20 foot easement required under-Section 8 of the
Terms and Conditions in the attached agreement. This easement
will be located south of Lot 18 of Tract 42936. Lots 7 and 9
immediately abut the private roads of Whispering Pines. All
lots (1, 7 and 8) will have emergency access granted, through
both Tract 42936 and Mr. Pokrajac's property, for the benefit of
both cities, Monrovia and Arcadia, as called for in Section 4 of
the attached agreement. Mr. Bluth's lots along Mr. Pokrajac's
boundary are the same distance away from public right-of-way as
are Mr. Pokrajac's. Emergency access of this type was deemed
adequate for the approval of the Bluth development.
WATER SERVICE ISSUES
Section 5 of the Terms and Conditions of the attached agreement
calls for Mr. Pokrajac to compensate Mr. Bluth for any increase
in tank capacity required by providing water service to Mr.1
Pokrajac's lots. Mr. Pokrajac hereby reaffirms that should; an
increase in capacity be required, he will abide by the terms of
the agreement. In addition, it has already been stated that Mr.
Pokrajac has agreed to provide documents granting the City of
Arcadia emergency access through his property.
The staff report makes repeated reference to the "inadequate"
size of the water tank for fire protection in "two separate' fire
jurisdictions". If this property is annexed to the City of;
Arcadia, the city will be responsible for providing all municipal
services, including fire protection, unless there is an agreement
for provision of one or more of these services by Monrovia. The
City of Monrovia has agreed to relinquish water and fire service
to the City of Arcadia as stated in the attached letter from Mr.
Robert K. Sandwick dated November 15, 1991.
Mr. Gerald Gardner, Fire Chief of the City of Arcadia, has stated
that fire service could be provided for Mr. Pokrajac's lotsiif
the proposed tank is located on Mr. Pokrajac's property at the
elevation noted and in the location shown on the map attached to
the enclosed agreement. This tank will be constructed by Mr.
Bluth and the property deeded to Arcadia by Mr. Pokrajac as part
of the enclosed agreement.
Future development of the remainder of Mr. Pokrajac's property
will be in the City of Monrovia, subject to their requirements.
A separate water system will be installed, including adequate
storage capacity for water service and fire protection. The City
of Arcadia will not be required to provide any municipal services
to the remaining area.
LASER IMAGED
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IM
page 3
Arcadia/Pokrajac
December 9, 1991
We feel the agreement between Mr. Bluth and Mr. Pokrajac miti-
gates the City of Arcadia's concerns over technical issues. The
City of Monrovia has demonstrated a willingness to allow deannex-
ation and provision of water and fire service by Arcadia. 1We,
therefore, request that City staff reconsider its recommendation
to deny Mr. Pokrajac's request for annexation and water service.
Very truly yours,
KENNETH I. MULLEN,
CONSULTING ENGINEERS, INC.
-74d.
I/i
:arbara L. Hall, P.E.
Senior Project Engineer
encl.
cc: Robert Sandwick, City of Monrovia
Eldon Davidson, City of Arcadia
Gerald Gardner, City of Arcadia
LASER IMAGED
• City of MONROVIA 1887
S .
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November 15,. 1991
Eldon Davidson
City of Arcadia •
240 West Huntington Drive
Arcadia, California 91006
•
Dear Eldon:
This letter is in response to a request from Mr. Nick Pokrajac asking if we, the City of Monrovia,
would relinquish water service rights for his new home located at 333 North Madison Avenue,
Monrovia.
At this time, our system cannot supply this particular elevation with required fire flow. From this,
he requested approval from Monrovia to let the City of Arcadia supply his water needs for this
house only.
The City of Monrovia has no problem with this request from Mr. Pokrajac for this house only.
• Sincerely, je_c_vi - 1
/044 ir• .
Robert K. Sandwick
Director, Public Works
RKS:tam
RKS-622
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415 South Ivy Avenue Monrovia, California 91016-2888 (,8 359-3236 I
LASER IMAut
City of MONROVIA
1887
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Development Review Committee
APPLICANT: Nick Pokrajac DATE:November 20, 1991
333 N. Madison
ADDRESS: Monrovia, CA 91016 APPLICATION: 91-310
PROPERTY BITE: North Madison
REQUEST: Informal review - deannexation proposal for
property in the Madison Specific Plan Area.
The above request was presented to the Development Review Committee
at their regular meeting of: November 19. 1991
The following action was taken:
The Committee, suggested that the applicant submit an as-built plan
with the proposed deannexation configuration and that the City will
entertain a meeting with the City of Arcadia to discuss this
matter. The process will require submittal of a parcel map as well
as lot line adjustments. This matter will require Planning
Commission and City Council approval. Final submittal requirements
will be provided upon request.
DRC EXPIRATION DATE November 19, 1992
Approval by the Development Review Committee does not constitute a
building permit. A building permit must be obtained prior to
commencement of construction. In addition, Public Works and Fire
Department conditions may be required in conjunction withIthe
project.
NOTE: Decisions of the Development Review Committee are final
unless a written appeal is filed with the Community
Development Department within ten (10) days from said
decision.
VANCE POMEROY
Assistant Planner
91-310.not
415 South Ivy Avenue Monrovia, California 91016-2888 LASER IMAGW 359-32,k2
AGREEMENT
u�LTHIS'ACREEKENT ('Agreement') is made and entered into on
/ , 1988, by and between CHARLES P. BLUTH and CLBO A.
BLUTH, hudband and wife ('Bluth'), and NIC POKRA.TAC, an unmarried '
d man ('Pokrajac*) .
) .
RECITALS:
A. Bluth owns that certain real ro
known as Tentative Tract No. 42936, which is shown on Exhibit cAdatta hedfhereto
and incorporated herein by this reference ('Bluth Property').
i
B. Pokrajac owns that certain real property located in Monrovia; California,
immediately contiguous to the eastern boundary. of the Bluth Property (:Pokrajac
Property').
C. Bluth and Pokrajac are contiguous land owners who intend to develop
their own properties in separate and distinct develo
into this Agreement for their mutual benefit and that ofttheirt respecti'veceive enter
successors and assigns. e
D. It is understood that this Agreement has no force or effect if, in fact,
Bluth is unable to develop Tract 42936 in accordance with Exhibit A, plans and
specifications to be submitted to the City of Arcadia.
TERMS AND CONDITIONS:
•
1. Bluth, at his sole cost and expense, agrees to cut, fill, and compact
the Pokrajac property, substantially as shown on Exhibit A, in accordance with all
legal requirements for such work and to perform all soils tests required for such
work and to conform to grading plans to be accepted in writing by each of the
tarties
before any performance begins or is required. It is understood and agreed that
as of the date of this agreement, the grading to be
performed on the Pokrajac
property is shown in approximation on Exhibit A but the precise specifications cannot.
be agreed upon at this time and must be contained in a grading plan acceptable to
the parties. It is understood that the subject fill that Bluth will be responsible '
for will involve 25,000 yards of dirt to be placed in a canyon area as a! fill and i
that Bluth will noit be responsible for the conditions of the underlying soil
conditions. In the process of the fill, normal soil tests will be initiated in
order to guarantee the quality of the fill. If Pokrajac desires to have; additional
'dirt moved or graded in the immediate surrounding area, he will be responsible for
any and all costs incurred in conjunction with subject cut and fill work.
2. Pokrajac agrees to convey to Bluth, and his successors and assigns, for
the benefit of the Bluth Property, the perpetual easements across the Pokrajac
property:
(a) An easement and right of use foi the purposes of and at the location
• specified on Exhibit A attached hereto and incorporated herein by this reference
('75-foot strip"). Upon the completion of the final grading of the subject
property, a metes and bounds description along the ridge line of the Pokrajac
property will be determined and any area in the original 75-foot easement will
be deeded to the contiguous lot areas of Lots AR, 15, 16, 17 i 18 of Tract 42936
by Pokrajac.
ch
LASER IMAGED 63
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(b) An e----Dent and right of use for a pr f approximately 10,000 square
feet for water )rage tower ("Storage Tower") , a shape
to be designated by Bluth, including the right to and regrade, a location
repa
repair, replace and maintain such grade, regrade, pave. repave,
repair, maintain, replace and enlarge,the dS oragegTower at any reconstruct,
on such pad, anf to use the Storage Tower for any y nnece or places
the Bluth Property and any other property to which the Property ertyoayibe
annexed. The Storage Tower is described as the "Proposed Offsite Reservoir"
on Exhibit A.
(c) An easement and right of way for access to and from the Bluth
property to Storage Tower, at a location to be designated by Bluth, such easement
to be of a width of at least 20 feet and to be paved and improved for all-weather
access; together with the right to grade, regrade, pave, repave, repair, maintain
and replace such easement, and included in and under such easement, the right
to install, repair, maintain, replace and enlarge such electrical utilities and
service and water lines as Bluth, or his successors and assigns, may determine.
(I) It is understood that Pokrajac, in the process of developing
ingress and egress to future lots on his property, will absorb any and all costs
and liability to properly maintain these roads and that Bluth and his successors and
assigns will only be responsible for those road areas which are for the specific
purpose of maintaining__the_water_tower.
3. Bluth agrees to "daylight" the cuts along the easterly boundary of
the Bluth Property line or at any place within the 75-foot strip as Bluth shall
elect, with the grade at such "daylight" cut to be approximately 2 percent.
4. Bluth and Pokrajac each agrees to convey to the other, and their
respective successors and assigns, a perpetual easement for emergency access
only, for fire, police and ambulance vehicles and services across their respective
properties, for the benefit of the other property, which access may be restricted
with entry by a key or other locking device to be maintained with or supplied
by the appropriate agency of the City of Monrovia and/or the City of Arcadia
which requires such right and access. The location of the reciprocal easements
across both the Bluth Property and the Pokrajac Property shall be determined
by Bluth.
5. To the extent available, Bluth will use his best efforts to obtain
written confirmation from the City of Arcadia that it will provide water service
for the future development of R-1 lots on the Pokrajac Property and Bluth will
cooperae with Pokrajac to attempt to obtain assurances from the City of Monrovia
that such arrangement will be acceptable to it. If the City of Arcadia or Monrovia
require an increase in the size of the water storage tank (over and above what
already has been determined) in order to handle any furture lots Pokrajac wishes
to develop, Pokrajac will be financially responsible for all additional costs
over and above what has been established for enlarging the water storage facility,
raising the elevation or changing the location itself of the water storage tank.
(a) It is understood by Pokrajac that because of Bluth's grading schedule,
that any alterations in the location or the height of the water storage tank
must receive required approval no later than July 15, 1988. If the subject
approval has not been received by that date, it is mutually agreed upon to accept
the location as presented in Exhibit A attached.
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•
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q;nTS co gT ;or 3o own d;zadozd LTzaq;nos aq; ;o TaeaT
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Aq PaabFe pow paeozdde dizadozd •q;nis pow awrezxod
-noop duli •apFesas *mind sadozd asnsatTow d;F, zaq;Fa dq pazwdazd aoF;w;cam
aF �q; kg PazFnbas aq o; F o; pow mpg; �a;ozd dTTebaT o; zapzo
pow emeg; PeuTva;ep 'IT saes;wqw magq o; zaATTap o; (vTeozaoW
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4 TSpaw peresxod apFeras za;ew;o swamp aq; aF pvfezxod Aq Padotaeap aq o; s;oT 944 sgdmooaa jtTw clop(/' saze. apFesas aq;i6aFgsFnbaFTaz eFeo=aoN JO 440 aq; mOZ; za;;aT a eFpeamir3o d m aq;o; zaeFTap o; aiFsaodsas eq Ttgs 04,1121(0d 'EMITS Aq PedoTaeep eq o; zawo;o;sz ; O o; zlvdez
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ea; zo ;osmoses ow 'woozy ;o d;F, aq; 0; daeaop o; saazbv 3vCa14Od 69
c
•
•
14. E--' of the parties hereto agrees tc ` acute, acknowledge and deliver
any easeene zne
nteds, documents or other writing ecessary to implement,or
purposes hereof and to perform any and all acts required of them
to assure that each party obtains the benefit of the bargain ezpressedherein.
•IN T'FIi'l?FBSS
Wa iu nF, this Agreement has been ezecuted on the date first
above written._
i
SC ! .,E,......)- °- '
CHARLES P. BLUTH
• e-6/0 14161e4L4 •
CLEO A. BLUTH
4 :::,;;;i4V•ie:■ ,
=��7Ynw nn:aL71n
•
STATE OF c:� IFORNIA uii thls% �l ty iif `g
' in the year..... . ..........
//�� /�y� w. before me.
COUNTY 0 ' Air' Iii-Y1721-.2 .' t1:4^O`•.., 1-144 f2tt Z it •otan•Public,State t4Telifornia,
duly commissioned and sworn.personally appeared...I a.t M...p.0.K ea 4 6i.
•
iraan 4
njly namen to m. proved to me on the basis of satisfactory evidences to be
OFFICIAL SEAL the person....whose name J.
.,37-;01.,..+! ' MELINDA HERNANDEZ subscribed to this instrument,and acknowledged that...6)',.executed IL
NOTARY PUBLIC •CALIFORNIA
� IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my(Alicia'seal
c/W.�� LOS IWGELES COUNTY in the y
My comm. e:plras FEB 18, 1989 County of
"'?Chi ° on the date it forth above
- in this certificate.
way M.••~dal
SS a r•�~far fro l 4,49 a~�� M r~s~ .Votary Public.State ol'�alifornia
.M.a,wA.SSW MINN-., ■N WWII.110/1/4/d-v Yd's a ti
•.b..l fa it bq w am Pds...ab. p•
. My commission expires f` _Y'
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—IC.C.Sec. 11891—(Rev. 1.831 •
STATE OF CALIFORNIA
) SS.
. COUNTY OF LOS ANGELES )
.
On July 7, 1988 I
before me, the undersigned, a Notary Public '
in and for said State, personally appeared Charles P. Bluth and
_Cleo A. Bluth
personally known to me or proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within
instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
'4 FRANCES R COYLE / / .
•,i2..+. NOTARY F BLIO•CusaaNA
• '4c.,,? tc&aJ oasscaaerr
(Seal) reel/ A
'otary Public for the St to
of California 66
LASER® IMAGED
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City.of MONF VIA 1887
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December 13, 1991 7 t991
' 1
CI•n OF ARCADIA
PLANNING DEPT.
Barbara L. Hall, P.E.
Senior Project Engineer
Kenneth I. Mullen, Consulting Engineers, Inc.
444 East Huntington Drive, Suite 310
Arcadia, CA; 91106-3768
•
Subject: Request for Annexation and Water Service for a
Portion of Nick Pokrajac's Property in Monrovia
Dear Ms. Hall:
The copy of your letter to William Woolard and Joseph Lopez, of the City of Arcadia dated
December 9, 1991 has been received and reviewed by myself. A few items should, be
brought to your attention.
•
First, item 6 of the agreement included in an attached exhibit refers to a "water storage
tower" to be located on Nick Pokrajac's property east of his new home that is presently
under construction. , It should be perfectly clear that a water tank in that location has
never been approved by the City of Monrovia nor has it ever been presented to the
Development Review Committee or the Monrovia Planning Commission for,approval.
There is no assurance that a reservoir would be allowed in that location.
Secondly, the extent of the annexation/de-annexation from Monrovia to Arcadia has not
been established. I do not believe the three new lots proposed to be created by a parcel
map has ever been considered by Monrovia. Only two lots have been discussed;the one
for his new home and the south lot commonly referred to as the "point lot."
LASFR 7 ED L9
415 South Ivy Avenue Monrovia, California 91016-2888 (818) 359-3231
•
•'
Barbara L. Hall, P.E.
December 13, 1991
Page 2
The Monrovia Development Review Committee on November 20, 1991 suggested that
the "applicant submit an as-built plan with the proposed de-annexation configuration and
that the City of Monrovia will entertain a meeting with the City of Arcadia to discuss this
matter." It is strongly recommended that Mr. Pokrajac follow that procedure.
Thank you for keeping us informed as to your client's problems.
Sincerely,
i-2'9LLLA
Robert K. Sandwick,
Director of Public Works
RKS:mg
cc: Don Hopper, Community Development Director - Monrovia
William Woolard, Director of Planning - Arcadia
Joseph Lopez, Director of Public Works - Arcadia
LET-635
•
LASER IMAGED
City of MOLAR C-'TIA 1887
•
• November 15, 1991
•
Eldon Davidson
City of Arcadia.
240 West Huntington Drive
Arcadia, California 91006
•Dear Eldon:
This letter is in response to a request from Mr. Nick Pokrajac asking if we, the City of Monrovia,
would relinquish water service rights for his new home located at 333 North Madison Avenue,
Monrovia.
At this time, our system cannot supply this particular elevation with required fire flow. From this,
he requested approval from Monrovia to let the City of Arcadia supply his water needs for this
house only.
The City of Monrovia has no problem with this request from Mr. Pokrajac for this house only.
Sincerely,
4.84-2?))Llu,"444
Robert K. Sandwick
Director, Public Works
{
RKS:tam
RKS-622
• LASER IMAGED
•
415 South Ivy Avenue Monrovia, California 91016-2888 (818) 359-3231
NOVEMBER 19, 1991
TO: CITY COUNCIL
FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING
GERALD GARDNER, FIRE CHIEF
JOSEPH LOPEZ, DIRECTOR OF PUBLIC WORKS
ELDON DAVIDSON, ASST. CITY ENGINEER/WATER MGR.
SUBJECT: REQUEST FOR ANNEXATION AND
WATER SERVICE FOR A PORTION OF
NICK POKRAJAC'S MONROVIA PROPERTY
Attached is a letter from Barbara Hall, representing Mr. Nick Pokrajac,
requesting that the City of Arcadia annex a portion of Mr. Pokrajac's property
which is currently within the City of Monrovia and that the City of Arcadia
provide water service to said property.
The two requests, annexation and water service, will be looked at separately
since one could occur without the necessity of the other taking place.
BACKGROUND
When Bluth's Tract No. 42936 (the extention of Whispering Pines Estates)
was approved by the City of Arcadia, it was approved with the condition that
a water tank to serve the domestic water and fire fighting water needs be
constructed on Lot 14, which was the lot with the highest elevation in the
Tract. The Tract was also approved with cut slopes along the easterly side of
the project (City limit), adjacent to Mr. Pokrajac's property in Monrovia. Mr.
Bluth and Mr. Pokrajac had been working together on 1) the possiblity of
locating a water tank on Mr. Pokrajac's Monrovia property 2) the daylighting
of the cut slopes onto Mr. Pokrajac's Monrovia property, 3) Mr. Bluth's ;
grading of the pads for several areas on Mr. Pokrajac's property, and 4)
. mutual easements between Mr. Bluth and Mr. Pokrajac. These development
alternatives were not precluded by the conditions of approval. If the parties
(Bluth and Pokrajac) could have come to mutual agreement, the result would
have been beneficial to both parties.
Some agreement was apparently reached since the portion of Mr. Pokrajac's
property adjacent to the Bluth Tract was daylighted (in accordance with plans
approved by the City of Monrovia), and electrical service for Bluth's pump
station to serve the proposed water tank on Lot 14 was permitted to access
from Pokrajac's property. It is important to note that the agreement(s)
between Mr. Bluth and Mr. Pokrajac are private agreements, the terms and
1 POKRAJAC
LASER IMAGED �/2
•
•
conditions of which are not applicable to and not enforceable by the City of
Arcadia.
Mr. Bluth subsequently received approval from Monrovia to obtain water
service from the Monrovia water tank located approximately 3,000 feet
northeast of both Bluth's and Pokrajac's properties. Subsequent grading
within Monrovia by Mr. Bluth resulted in Monrovia's decision not to allow
Mr. Bluth to tie into their City's tank. Thus, at the present time, Mr. Bluth is
proceeding with the preparation of plans and specifications for the water tank
to be located on Lot 14 and the pump station as had been originally required
by the City of Arcadia. These plans are currently in the plan check review
stage.
ANNEXATION ISSUES
While the daylighted areas of Mr. Pokrajac's property within the City of
Monrovia appear to be extensions of Mr. Bluth's building pads, they are not.
Development on Mr. Bluth's pads must comply with Arcadia building and
zoning regulations, including setbacks from the property line between Mr.
Bluth's property and Mr. Pokrajac's property.
Annexation of these daylighted areas would not have any bearing on the
development of Mr. Bluth's properties since the daylighted areas are owned,
by Mr. Pokrajac.
What would actually be created would be highly irregular shaped portions of
Mr. Pokrajac's property which are not legal lots and don't have any right of
access from the City of Arcadia. The letter from Mr. Pokrajac's representative
does not specifically address how the areas which are proposed to be annexed
would be subdivided. It appears that three new lots are proposed (Lots 1, 7
and 8), and the remainder of the property is presumed to be incorporated into
the adjacent Arcadia lots (which are part of Mr. Bluth's Tract No. 42936).
However, this is not mentioned in the letter or indicated on the plan. It is
possible that the Arcadia property owner(s) (Bluth) may not want to acquire
• this property from Mr. Pokrajac.
Proposed Lot 1 would be land locked and does not currently have legal access
to a public street within Arcadia, and there is no existing access to this lot
from Monrovia. The only access to proposed Lots 7 and 8 would be from
Monrovia because these proposed lots do not have legal access through
private streets in the Whispering Pines Tract.
The cost for providing municipal services to the proposed annexation area
would be more than the property tax revenues which the City would receive
from its development with single-family homes. The existing Arcadia
2 POKRAJAC
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�°FR 1,71,_1 9° 91
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•
taxpayers would in essence be subsidizing the cost of providing municipal
services to this area if it were to be annexed.
It should be noted that de-annexation by Monrovia and annexation by
Arcadia would not change school district boundaries,postal address and
possibly water purveyor.
WATER SERVICE ISSUES
The water tank which Mr. Bluth is designing for his project will provide
water for the lots in Tract No. 42936 for domestic and fire fighting purposes.
The tank size is based upon the demand necessary to satisfy City of Arcadia
requirements for this development. The tank is not sufficiently sized to
handle the fire fighting needs of both Mr. Bluth's and Mr. Pokrajac's
properties. There is 240,000 gallon of gravity storage designed in the water
tank for emergency fire protection purposes, and 80,000 gallons for domestic
usage. Being that the total tank storage is 320,000 gallons, there is not
adequate fire protection water to share with a development outside of Arcadia
that is under the control of the Monrovia Fire Department. In addition, if
there is an emergency in which power is lost to the pump station, there
would be a finite limit to the available water in the tank for emergency
purposes.
The 240,000 gallons of fire storage in the tank is vital for fire protection
purposes even when the pump station is operational in that the storage will
meet the 2,000 gallons per minute fire flow requirement of the Arcadia Fire
Department. The pumping capacity of the pump station alone will not meet
this flow requirement. Therefore, water storage in the tank is paramount to
Arcadia's providing adequate fire protection for the developments planned in
Arcadia's Tract No. 42936.
For Arcadia to physically serve fire protection to Mr. Pokrajac's property from
Arcadia's water tank, a fire hydrant would have to be located approximately
two hundred feet east of the area which is being proposed to be annexed (Lots
• 7 and 8), within the City of Monrovia. This location is required in order to '
provide a minimum of 20 lbs of residual water pressure in the pipeline. Fire
equipment would have to access the property via Madison (Monrovia) and
the long (1,620 feet) and narrow (15 feet) private driveway in order to hook up
to the hydrant in Monrovia before arriving at a fire on proposed Lots 7 or 8.
Easements for the location and maintenance of the hydrant and water lines
within Monrovia would have to be provided.
Providing fire fighting facilites (hydrant) within Monrovia, which are served
by a tank in Arcadia could result in the tank's limited resources being used by
Monrovia, for fire fighting purposes within their jurisdiction and thereby
3 POKRAJAC
/91 1
LASER I II 9 74
V
potentially reducing firefighting capability within Arcadia should a fire
spread.
SUMMARY OF REASONS FOR NOT ANNEXING
1. Monrovia must approve of a de-annexation. Mr. Pokrajac has not
provided us with any documentation that Monrovia would be willing
to de-annex these areas.
2. There is no existing legal direct access to any of the proposed lot(s) from
Arcadia.
3. There is no assurance that the remnant daylighted areas would be
consolidated with the existing adjacent Arcadia properties (pad areas on
Bluth's properties).
4. All emergency service to proposed Lots 7 and 8 by Police, Fire, and/or'
Paramedics require access through Monrovia or use of private roads
within the Whispering Pines Tract and the emergency access road
within Arcadia intended for emergency evacuation.
5. There is no benefit for the City of Arcadia. The cost for providing
municipal services would be more than the property tax revenues
which the City would receive from the annexation of a single-family
residential development.
SUMMARY OF REASONS FOR NOT PROVIDING WATER SERVICES
1. Monrovia must relinquish water service. Mr. Pokrajac has not
provided us with any documentation that Monrovia would be willing
to relinquish such service.
2. A fire hydrant would have to be located within the City of Monrovia
with service from Arcadia's water tank, approximately two hundred
feet east of proposed annexation Lots 7 and 8, resulting in a potential
reduction in Arcadia's fire protection capability if it were utilized by
Monrovia's Fire Department.
3. The 240,000 gallons of water storage in Arcadia's tank is inadequate to
provide fire protection to two separate fire jurisdictions and to do so
could limit our fire fighting capability in an emergency.
RECOMMENDATION
It is recommended that the Mr. Pokrajac's property not be considered for
annexation and/or for receiving water service from the City of Arcadia.
4 POKRAJAC
LASER IB rEa'`11 1119/91 75
Mr. Pokrajac secured a building permit for the house which is currently
under construction on proposed Lot 8 from the City of Monrovia. Monrovia
is requiring that he provide the same fire protection that Arcadia required in
the Bluth project. Mr. Pokrajac can meet Monrovia's requirements by either
constructing a water line from Monrovia's existing water tank (located to the
northeast), or by providing a booster station at Madison and constructing a
reservoir tank at a higher elevation on his property (same as Arcadia required
of Mr. Bluth).
Mr. Pokrajac should have been aware of Monrovia's requirements before
commencing construction on proposed Lot 8. Mr. Pokrajac should continue
to work with Monrovia for the development of his property.
There is no benefit to the City of Arcadia by annexing Mr. Pokrajac's property
and/or providing water services. Annexing this property and providing
water services may lessen Mr. Pokrajac's cost for development, but would put
Arcadia's fire protection capability at risk, and would increase the cost to the
City of Arcadia for emergency services.
Approved: , �'d� �
/George J. atts, City Manager
5 POKRAJAC
r 11/19/91
LASER IMAGE
•
KENNETH I. MULLEN, CONSULTING ENGINEERS, INC.
IM 444 EAST HUNTINGTON DRIVE. SUITE 310. ARCADIA. CALIFORNIA 91006.3768 •
(8181 445.2212 FAX (818) 445-8294
61 6 SOUTH EL CAMINO REAL. SUITE C. SAN CLEMENTE. CALIFORNIArVV;�.2,§7,?.42fZ2
( 71 41 361.2740 �I rr UU rr GG ,��r
\
1
OCT z :: 1991
October 11, 1991 !!Ty ro,aNAP:FR
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
Attention: Mr. George Watts, City Manager
Subject: Annexation of a Portion of Tentative Tract 43811 j
Currently in the City of Monrovia, to the City
of Arcadia
Dear Mr. Watts:
Tract 42936 , located in the City of Arcadia was allowed to
daylight a slope onto property owned by Mr. Nick Pokrajac in the
City of Monrovia, along its boundary with Arcadia.
• On behalf of our client, Mr. Nick Pokrajac, we hereby request an-
nexation of these slope areas as well as two graded pads into the
City of Arcadia. Further, we request water and fire service for
the annexed property. We intend to prepare a Parcel Mapand a
lot line adjustment to create the lots for annexation. The con-
figuration of the property in -question is shown on the attached
map.
Please review our request for annexation and provision of water
and fire service to this portion of Mr. Pokrajac's property. We
would like to meet with you or your staff to discuss the specific
procedures necessary to accomplish the annexation.
Thank you for your assistance in this matter. If you have any
questions, please do not hesitate to contact the undersigned at
• 818-445-2212 .
Very truly yours,
KENNETH I. MULLEN,
CONSULTING ENGINEERS, INC. •
i►r 7 I `v' // /' /
f, I/ i "
Barbara L. Hall, P.E.
BLH:dlm
Enclosure
cc: Nick Pokrajac LASER I MM AGED
REPORTS - PLANS • SPECIFICATIONS • ASSESSMENT DISTRICTS - RATE STUDIES
0S8-0-7-0
1111 11.
January 7, 1992
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 Ronnie Lam, President of Kam Sang Company, Inc.
requesting a determination from the City Council as per Section 9260.1.4.(24) that a
"family oriented singing studio" (karaoke studio) is a compatible use in the CPD-1
Zone.
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.
ANALYSIS
It is the Planning Department's opinion that a "singing studio" is not an
appropriate use in the CPD-1 zone. Although during the past eleven years, the City
has expanded the types of uses permitted in the CPD-1 zone, most of these uses are
either service oriented or are retail types of uses. Staff does not believe that a
"singing studio" is an appropriate use in this zone.
If the City Council wishes to permit this type of use in the CPD-1 zone, the Planning
Department would recommend that it be permitted only with an approved
conditional use permit.
Determination of Use
1/7/92
Page 1
LASER IMAGED r "
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1011 11.
ACTION
The City Council may:
1. Determine that a "singing studio" as requested by Mr. Lam is a compatible use
in the CPD-1 zone and shall be permitted as per Section 9260.1.6. However, if
liquor or food is to be served, a conditional use permit shall be required.
2. Determine that a "singing studio" as identified is not a compatible use in the
CPD-1 zone.
3. Determine that a "singing studio" as identified should be a permitted only
with an approved conditional use permit and included in Section 9260.1.12.
"Uses Subject to Conditional Use Permit".
Determination of Use
1/7/92
Page 2
LASER IMAGED 53
e • r -•
4101) 1101 V
. • • KAM
p • SANG
RECEIVED : COMPANY,
: INC.
DEC 12 1991
DECEMBER. 11TH, 1991 CITY OF ARCADIA
PLANNING DES
l[i4 GONNA BUTLER
SSISTANT PLANNING DIRECTOR
ITY OF ARCADIA
240 W. HUNGTINGTON DR
ARCADIA, CA 91 007.
RE: USES PERM I TTED 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:
FAMILY ORIENTED SINGING STUDIO.
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 STONG RESPONSE FROM THESE
TYPE OF PROPOSED BUSINESS, PERHAPS CONSIDERATION CAN BE GIVEN AT
THIS TIME. •
THANK YOU FOR YOUR CONSIDERATION.
. I LOOK FORWARD TO YOUR PROMPT REPLY.
SINCERELY, .
KAM SANG COMPANY
RONNIE LAM :
PRESIDENT • 108YnezAve.,
• Suite#128,
Monterey Park
. CA 91754
• Tel:(818)571-6574
LASER IMAGED • Fax(818)571-8006
®
54