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Home My WebLink AboutMarch 2, 1993• .• Pre - meeting - 7:00 p.m. A G E N D A ARCADIA CITY COUNCIL MEETING March 2, 1993 7:30 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Ciraulo, Harbicht, Lojeski, Margett and Fasching MINUTES of the Work Session of February 9, 1993 and the adjourned and regular meetings of February 16, 1993 - MOTION: Read all ordinances and resolutions by title only and waive reading in full. 1. PUBLIC HEARING ACTION All Present Approved 5 -0 Adopted 5 -0 Consideration of objections to�the proposed abatement Public Hearing of weeds, rubbish and refuse from certain private Closed properties within the City. Approved 5 -0 2. PUBLIC HEARING Consideration of MC 92 -074, an appeal of the Planning Commission's denial of an existing 8'. -6" decorative Public Hearing wall /wrought iron fence with light fixtures, located Closed in the front yard at a single - family home in the R -1 zone, in lieu of 4' -0" maximum allowed at 1825 S. Denied wall; no Second Avenue (Annabell Tan, property owner). action on gate 5 -0 3. BOARDS & COMMISSIONS Appointed Dean Efstathiou to 6/30/95 Appointed Jean Appointments to Sister City Commission Johnson to 6/30/94 AGENDA 3/2/93 4. Time reserved for address the City per person). 5 6 CONSENT ITEMS those in the audience who wish to Council (five- minute time limit a. Recommendation for the retrofitting of the air conditioning system at Arcadia Fire Station Number 1. b. Recommendation to grant an easement to Southern California Edison Company for installation of facilities at 230 N. Second Avenue - St. Joseph Plant. c. Recommendation for purchase of equipment from Micrapoint Equipment Corporation to upgrade the optical lasering system in the City'Clerk's office. d. Recommendation for the purchase of one sedan for the Fire Department. CITY MANAGER a. Reconsideration of citizen request to remove City tree at 2050 Canyon Road. 7. CITY ATTORNEY Debbie Ewing Approved 5 -0 Approved 5 -0 Approved 5 -0 Approved 5 -0 Approved option of removal or pruning (from approved list of contractors) at homeowner's expense;staffto give information & assistance 5 -0 a. ORDINANCE NO. 1986 - FOR ADOPTION - Amending Sections 9251.2.12 and 9252.2.21'of the Arcadia Municipal Code prohibiting below grade, tuck- under and subterranean garages in the R -1 and R -0 zones. Adopted 5 -0 b. ORDINANCE NO. 1987 - FOR ADOPTION - Amending' Section 7230 of the Arcadia Municipal Code regarding right -of -way structural obstructions. Adopted 5 -0 2 - AGENDA 3/2/93 C. RESOLUTION NO. 5716 - Requesting the construction of a soundwall on the westbound route 210 freeway in Arcadia from Second Avenue to Fifth Avenue and approving a- contribution of 33%-.of the estimated cost_ of the soundwall project. Adopted 4 -1 d. Recommendation for extension of Agreement with W. Lawson Martin III to continue public hearings on TA 92- 006 - and Z 92 -003 regarding hillside single family zone. Approved 5 -0 e. Claim of A. Vasconez Denied 5 -0 8. MATTERS FROM STAFF 9., MATTERS FROM ELECTED OFFICIALS 10. ADJOURN to 5:30 p.m. March 9, 1993 in memory of Rob Wells Approved Revised CDBG allocations 5 -0 Lopez /Butler Contact City of Azusa regarding effectiveness of graffiti promotion - 3 - AGENDA 3/2/93 'MEMO RAN DUI9 TO: ARCADIA CITY COUNCIL FROM: JUNE ALFORD, CITY CLERK Date: March 2, 1993 SUBJECT: PUBLIC HEARING - WEED ABATEMENT PROGRAM On February 16, 1993, the City Council adopted Resolution No. 5715, declaring its intention to provide for the abatement of noxious weeds, rubbish and refuse from certain private property in the City. Resolution No. 5715 also set this date, March 2, 1993, as the time and place to hear objections to the proposed removal of such. As required by the Government Code, the County Agricultural Commissioner has mailed the appropriate notice to all property owners involved (list attached). A representative of the City Fire Department and the County Agricultural Commissioner's Office will be present to answer questions, if any. Following the close of the public hearing, the following motion is recommended: MOVE TO DIRECT THE COUNTY AGRICULTURAL COMMISSIONER TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH AND REFUSE REMOVED. LASER IMAGED 2 k, i :s L W13 LOS A4aE__S r- u :O�VTY �= C_ARAT _.S7 ra; �7 _ .6 74 301 IN SEO BY '7ED-KEYP THEN PARCEL 8532 017 L18 4 7 3,I 32 Lie 02 U35 035 OOLDRM BY Antony Acker (1Ql.DRZIIG RD Antony Acker 653P. 8532 U17 017 U49 OSs 7 7 ` 331 ZONE CITY CODE STREET ADDRESS PARCEL NG. 017 u57 KEY' 7 4. 341 SALLE ST Kardashian Enterprises 3i 02 035 William Martin 5765 u02 U1- _6 7 7 • 02 035 SANTA A;:TTA CANYCN RD William Martin 5765 002 G13 S 7 s s 7z 135 HIGHLAND VIST4 DR Robert E. Brown 5765 611 ;,1L n i 7 {e 32 735 HI VISTA OR Helen E. Vida 5765 030 313 9 7 7 i - -- .oi 1ST ST Inter. Church /Foursquare 5272 006 030 e 7 y 6 UE 035 SANTA CLARA ST Western Security Bank 5773 008 L08 9 7 0 9 02 035 SANTA m-ARA sT Western Security Bank 5773 006 L09 8 7 9 i10 02 035 151 ALTA ST Amir Zahir /Youssef Younaei 5773 314 011 2 7 n 7 �1+ 02 035 WOODLANE LN Ellsworth Dohlgren 5775 025 L25 Q 7 Z G2 035 871 k r+uNTINGTON OR Soterios Bicos 5777 L29 L33 6 7 7 „ y 4 W 4 U N N 3 N OR Maier Brewing Co .5 o 119EU E GOLDRING NO BMario De Angelis !,4 LE 02 035 Wr AVE George P. Kolovos 5784 020 014 3 7 u54 is UE 035 Albert O./Douglas R. Knutsen 5765 Q02 087 2 7 2, 161 02 035 WOODRU" Louise Nassaney 5768 014 013 3 7 »i 02 035 EL CAPITAN AVE Tsung '_ . Chu 5 7 8 9 021 L 19 1 7 2 ,15i *02 035 CLARK ST Gifford Hill Cement Co. 3532 615 G17 9 7 2. +o ee LLS I,2 CLAW ST Gifford Hill Cement Co. IT32 015 018 8 7 Z' zo 02 C35 CLARK 9T Gifford Hill Cement Co. 8532 015 619 7 7 2' a, *32 035 Livingston Graham Inc. 6532 01s 771 5 7 i u *0 03S CLARK ST Livingston Graham Inc. 8532 'Ulu u03 3 7 m a3 02 035 11826 THE WYE Micro -Tek Assoc., Inc. 8532 016 507 9 7 ' z4 02 035 GpLDRIM Julia P. Contreras 8532 016 G11 3 7 ; zs. GOLDRIM 'RD Gifford Hill Cement Co. 3 x15; *02 035 GOLtMfIMG W Gifford Hill Cement Co. 8532 016 u20 2 7 :} 02 035E CZAR[ ST San Gabriel Valle Water Co. 6532 017 004 U 7 ;; :12 035 LA SALLE ST Consolidated Rock Products Co. 8532 017 O 3 9 5 7 3• :s 02 035 LA SALLE ST Richard C. Contreras 5Sje ui r uii .6 r 74 301 02 035 LA SALLE ST Xavier Contreras 8532 017 L18 4 7 3,I 32 Lie 02 U35 035 OOLDRM BY Antony Acker (1Ql.DRZIIG RD Antony Acker 653P. 8532 U17 017 U49 OSs 7 7 ` 331 02 035 GDU RiMG RD Xavier Contreras 8532 017 u57 0 7 4. 341 SALLE ST Kardashian Enterprises 4° 3151 02 U35 RANOOLPE] 9T Samuel Kardashian 6532 C18 Lll 9 7 *� 3151 02 735 RANDOLPH ST Xavier Contreras 8532 018 �►13 2 7 41 37 38 02 035 Xavier Contreras (ELDRIMa = i Mlle Wong Assoc. 8519 6532 U15 E116 isil 021 I 7 7 4F 5C 315 02 035 GOUS MG RD Anthony & Paula Zoccoli 8532 019 024 2 7 :2 .oi 5 RAIIDOLPH ST Anthony & Paula Zoccoli 6S32 G19 U25 y 7 s2 02 035 GOLDRI RD Anthony & Paula Zoccoli MG 8532 D19 0?� 0 7 sa 141 02 035 RANDOLPH 9T Anthony & Paula Zoccoli 8532 019 027 9 7 ,. 43 1441 Robert & Marliss Myers 8532 Q7i9 019 UCn 029 n 7 r 7 97 ao 02 035 RANDMN ST Robert & Marliss Myers 491 *32 035 WU E GOLDRI46 NO A Robert Parada 8532 019 052 7 7 46 * 119EU E GOLDRING NO BMario De Angelis ° 7 f1 47 *02 035 11420 E GOLDRING NO C Philip Law 8532 019 u54 5 7 63 415 *02 035 11420 E GOL3RI43 NO 0 Greg Brake 8532 019 G55 4 7 64 4o u1b MLM= W Luciano Juli Costanzo OUSE 011 65 64 soi 67 -- ee LLS I,2 - LASER IMAGED 5 7 72 s41 73 so 74 S4 77 LASER IMAGED 5 r It Sr' dY 10EE0 -F(LY, THE' OAkCLL Nr CI Y ;.OJE STREET A0&-�ESS PARCEL. N0. z tr _nn r m "s><nYV nc_ 3T T ,r; mnn k Tit i Cnncran7n A;W C lq ft;'; ,+ 7 Z J W W G # 0 5 Myyn ;r;,a,Nr RD Mario De Angelis 6532 019 u52 y 7 e s ate? 735 :�Ah'DOL ?u :"-T 6s 4si es Mario De Angelis 3532 111 -Si 7 ° e aG2 G35 COLI:RINt" ?i) Robert & Martha Parada 3532 011 On' J 7 7 uC ST Robert & Martha Parada 8S32 019 L6 1--c— ° 6 J2 035 :.OM AZUSA RD E. 0. Rodeffer 6545 024 004 1 7 •; 335 XWER AZUSA RD E. 0. Rodeffer 5545 024 035_ u 7 2 o. '3 to „ is 2i t° ,7 7 ,4 i s 20 ,s s, 22 r. 2a si 24 is ss 20 27 21 sa st 24j s2 ss 34 30 26: }! 20 31; 4t . 411 12! 33; 44 741 4Si �i 361 47, sal 40 ♦ 37 0 so 38i s, 391 32 33 ao i 94 41 W 42' 941 431 57 ss 44, SCI 4M So , 4s e 497 el 631 6s 4si es Sol 671 °—e si 1 s:: I LASER IMAGED - 6 7• 72! 31 -s '4 v 8So _ 70 c/ - Z6DA/ 2 y�/ March 2, 1993 TO: ARCADIA CITY COUNCIL FROM: ELDON G. DAVIDSON, WATER MANAGERC'69 PUBLIC WORKS DEPARTMENT, WATER DIVISION SUBJECT: RECOMMENDATION TO GRANT AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY FOR INSTALLATION OF FACILITIES AT 230 N. SECOND AVENUE - ST. JOSEPH PLANT The Edison Company is undergrounding its overhead distribution lines (a rule 20A project) on Second Avenue north of Huntington Drive. The existing transformer for the electric service at the St. Joseph Plant is currently mounted on a utility pole. The transformer furnishes the electrical power for the booster station and well at St. Joseph Plant. The undergrounding will necessitate the installation of a pad mounted transformer at ground level adjacent to the booster station. The attached right-of-way document will grant an easement to, the Southern California Edison for the installation and maintenance of the proposed facilities at the subject site. It is recommended that the City Council grant the requested easement and authorize the Mayor to execute the right-of-way . documents to •rovide or the installation of the necessary Southern California D. C•'�pany acilities. i APPROVED: ,_ r_ yam_I/, DONALD R. DUCKWORTH CITY MANA ER EGD/CAT/cat Attachments KID LASER IMAGED -.E .. 1 7 0. r RECORDING REOUESTED ..' .far Southern California Edison Company WHEN RECORDED MAIL TO f'Cfl'Southern California Edison Company Real Properties and Administrative Services 500 N. State College.Suite 750 Orange.CA 92668 Attn: Southern Region SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF I DOCUMENTARY TRANSFER TAX S NONE(VALUE AND DETECT WORE OAR Ism 11AP yZE EASEMENT •• • °- •• Monrovia 6427-6283 0-6203 `� SO.CALIF.EDISON CO.Pw 9.' DATE (Corporation) APPROVED:REAL PROPERTIES 3+v Di DECLARANT ORHT DEtERNHMD TA[ Fl{i1 NAA1E APN 5773-008-900 AND ADYWISTRATIVESERVCES DJA 02/18/93 I CITY OF ARCADIA, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns(hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair. replace. reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, hndholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in. on. over, under, across and along that certain real property in the County of Los Angeles. State of California. described as follows: SEE ATTACHED EXHIBIT'A' FOR LEGAL DESCRIPTION This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. The Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted: provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 19 CITY OF ARCADIA, a municipal corporation By By GRANTOR STATE OF CALIFORNIA 1 ss. COUNTY OF On , before me, , personally appeared and . personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature LASER IMAGED d • Grant of Easement c • 6427-6283/0-6203 • Page 2 EXHIBIT 'A' Two strips of land lying within tot 7, Block 84, Santa Anita Tract in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 34, Pages 41 and 42 of Miscellaneous Records in the office of the County Recorder of said County, said strips of land being described as follows: Strip 1 (6 feet wide) : The centerline of said strip being described as follows: Commencing at the centerline intersection of Saint Joseph Street and 2nd Avenue; thence Easterly at right angles to said centerline of 2nd Street, a distance of 40 feet to a point on the Easterly line of 2nd Street; thence Southerly 84 feet, along said Easterly line of 2nd street,to the True Point of Beginning; thence Easterly at right angles to said centerline of 2nd Street a distance of 5 feet to a point hereinafter referred to as Point 'A' . Strip 2 (14 feet wide) : The centerline of said strip being described as follows: BEGINNING at said Point 'A' ; thence Easterly, at right angles to Easterly line of 2nd Street, a distance of 14 feet. LASER IMAGED 1 9 CAP° it F • • • • uos- ►- o • R 0 / ,-V■S. PAL .' IOOOA PNL. - 1 01 -1'10">< P- .. 60V 3♦ co to UCsB-302 END CHAIN LN - FENCE -�I DEG. CONC. DLK WALL I Is 1 •- 290 j,�� N •• EX. 2-4" 1-1C$G-16' :\ . . .) �;. -- -- I Mk •� • �_�a,::41'rl�ft I 11111011 ' A" E2-6" M414 TO CAP' "A" • - -�' �� . wv.0 .. . ' 20"W (ABN) 211t. E/'t -EX. 2-15" V41 ?Gil CAI° "d" /--- sr-1H • . ‘± E/z -- ��- .4"O 1L, e'*'. /C • d . � I - Z 14451.64.00 6TA • ' +t 56 4 "••• IL a'i w/C 9'f wim A .4 ' 12 'a W/m , , I•9 1- e .o• X444 ' • ' ., 0 . SECOK1D . A\E . ,.. 0 Q7 ex e.c.e.MK rn dl , 10 t • 05 ' OO1414 Q A. b klOk1' o r - - , r-� ••• . ., . '- .' . :' '. 411-ii W g r'• ' . • 10' moo' 2 ' io'y,'; EASEMENT . .L0C4T/ON i i-- . 1 4 bT4 (s) • , . . .i ..1 I CL SOUP ERN CAL/FOrPN/,4 E0/80N Co. lii • - •.:ur/L/T Y EASEMENT' O • ST JOSEE1/ PLANT i 1-- e cn LASER IMAGED • ec - t1 2-I v U 4.7,3c/n� y//S March 2, 1993 TO: ARCADIA CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT �/I JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORKS SUBJECT: RECOMMENDATION TO ADOPT A RESOLUTION OF CITY CO CIL REGARDING PROPOSED SOUNDWALL PROJECT ON THE WEST B UND ROUTE 210 FREEWAY IN ARCADIA FROM SECOND AVENUE TO FIFTH AVENUE RESOLUTION NO. 5716 Background At the meeting of January 5, 1993 , City Council authorized transmittal of a letter to Jerry Baxter, the District Director of CALTRANS, requesting that the subject soundwall project be accelerated and included in the next (1994) State Transports ion Improvement Program (STIP) . Subsequently, it has been requested by CALTRANS that the city Council adopt a resolution requesting the soundwall construc ion and approving the necessary City funding contribution. Resolu ion No. 5716 is attached for your consideration and adoption. Recommendation It is recommended that the City Council adopt Resolution No. : 716 requesting the construction of a soundwall on the westbound Route 210 Freeway in Arcadia from Second Avenue to Fifth Avenue and approving a contribution of 33% of the estimated cost of the soundwall pr' 'ec' APPROVED: _AA', _,,_,...,i DO' A D R. I'UCKWORTH CITY MANAeER JRL:DAS:mlo Attachment C LASER IMAGED _ _ 3 .'` ' ,. IemO,, aIJUm 7��.�a i4 �.:...• S -[x_'71 ►) Date: February 24, 1993 TO: Mayor and City Council FROM: City Attorney ) ,1/ SUBJECT: Extension of Agreement to Continue Hearings re Hillside Development- Martin Property- Agenda Item 7d The attached agreement was approved by the City Council in November, 1992 for the reasons set forth in the attached staff report of November 12 , 1992 . The attached February 23 letter from legal counsel for the Martins requests an extension of time with regard to the approved agreement which continued the hearing process on hillside development to March 9, 1992 . The Martins have met with the Planning Department and recently submitted plans for review. Planning Director, William Woolard, has indicated that his Department will be reviewing the plans and considering the possibilities for a revised hillside ordinance. To be on the safe side, he recommends an extension of time to July 13th with regard to the Agreement to Continue the Public Hearings. The Martins have agreed to remain subject to the terms of the attached agreement during the extended period. Among other things the Agreement affirms that the City is not giving up any land use rights that it may assert, the Martins are not acquiring any vested rights, and the City is not subject to liability as a result of its moratorium and continuance of public hearings. Cahcurred: r.//Al Ii t////t . J Planning Director cc. City Manager LASER i • BROWN, WINFIELD & CANZONER4 NCORP reATEC ATTOPNC" �T LAW PLAZA 200 SOUTH vPANO CNUE. SUITE 1606 Lug ANOC- S. CAI,P. RN IA pa071-312S TCI.0 PH1 NE: 12131 BB7-3100 c,LE NO: TCLC'-Or,L14. I1.!21 337 21410 February 23 , 1993 C•!RCCT C•AL f5 \-\n VIA FACSIMILE �[) Michael H. Miller, Esq. EB 2 City Attorney and 'L Mr. William Woolard r "_."_ .:.; Director of planning CITE A�" '• --- ---a City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Re: Extension of Agreement Between City and W. Lawson Martin III Dear Messrs. Miller and Woolard: On behalf of my clients, W. Lawson Martin, III and Annette Martin, I am hereby requesting an extension to the Agreement to Continuance of Public Hearings dated November 18 , 1992 , subject to all the terms and conditions of said agreement. Pursuant to the Agreement, Paragraph 1, the public hearings for City Zone Change 92-003 and City Text Amendment 92-006 were to be continued to March 9, 1993 . As you are aware, my 'clients, along with their engineer, have been working with the Planning Department and require additional time to accomplish the goals and objectives of-the Agreement. We request an extension of the continued public hearings to July 13 , 1993 , in order to continue meeting and conferring regarding potential future lde development I of t eeproperty. Upon approval of the extension, my an amendment to the Agreement reflecting the extension. Thank you for your courtesy on this matter. Very truly yours, BROWN, WINFIELD & CA ONERI, INC. Mark W. Steres MWS:cc cc: Mr. Lawson Martin, III LASER PWiArFD K:\DOGS\SEC\STERES\Miller.L / 3 6 . � . fllemo'ia lum 4! 0. Date: November 12, 1992 TO: HONORABLE MAYOR AND CITY COUNCIL 1 1 i] I lei FROM: MICHAEL H. MILLER, CITY ATTORNEY T. WILLIAM WOOLARD, PLANNING DIRECTOR V11M SUBJECT: AGENDA ITEM NO. 6b - AGREEMENT WITH W. LAWSON MARTIN III TO CONTINUE PUBLIC HEARINGS REGARDING TA 92-006 AND Z 92-003 REGARDING RESIDENTIAL HILLSIDE SINGLE FAMILY ZONE Approximately 2 years ago the City invoked an interim zoning ordinance to moratorium mountain development pending study of possible revisions to the City's current RM permit and existing zoning. This study was not prompted by any specific development application or the expressed intent of any developer with regard to the remaining hillside development area. It was based on the City's experience with the current ordinance, certain seismic considerations and other factors. The moratorium was lawfully extended pursuant to California Law and it is now near its deadline. (December 3 , 1992) Proposed revisions are reflected by recommended Zone Change 92-003 and Text Amendment 90-006 which were scheduled for hearing before the Planning Commission at the meeting of November 10, 1992. After notice of the proposed zone change and text amendment the only private property owner who has any current rights to develop the property came forward and expressed interest through his legal counsel to meet and confer with the Planning staff and review possible specific development plans. It is possible that this specific process can lead to a potential better development that can be tailored to accommodate the City's interest. The Planning Director recommends that this process be commenced. The moratorium cannot be extended. In order to accommodate the proposed process an agreement has been prepared by the City Attorney Office after negotiations with the owner to "continue the public hearing process. " The attached agreement is designed to allow for a meet and confer process without prejudice to the City or the property owner. The property owner agrees that he has no vested right by virtue of this continuance, and that the City may indeed continue to process Zone Change 92-003 and Text Amendment 92-006 after the continuance. The agreement indicates that it is in the public interest to pursue this process before we go forward with the existing recommendations or possible revised recommendations. It also guarantees that the owner will not file any application or seek any permit pending the continuation of the public hearing process. 6/61 LASER IMAGED 10 i_ - 37 • -- �1 At the last Planning Commission meeting, the hearing was opened and a motion to continue was adopted with a recommended date of March 9, 1993 subject to City Council approval of the agreement and the owner's concurrence. The wording of the agreement is still, under negotiation and should be in final form for distribution to the Council on Monday, November 16th. • RECOMMENDATION: That the City Council approve the agreement and authorize the Mayor to sign after approval as to form by the City Attorney. Attachment c: City Manager -2- 1n . LASER IMAGED AGREEMENT TO CONTINUANCE OF PUBLIC HEARINGS This Agreement is entered into as of the 18th day of November, 1992 by and between the City of Arcadia (hereinafter referred to as "City") , and W. Lawson Martin III and Annette Martin (hereinafter referred to as "Martin") . WHEREAS, Martin owns certain hillside property within the City of Arcadia (the "Property") , as indicated in the cross-hatched section on Exhibit "A" attached hereto. WHEREAS, the City adopted and extended an Interim Urgency Ordinance (City Ordinance Nos. 1928 , 1931, 1959) which imposed a moratorium on the development of certain hillside areas within the City, including the Property, pending a complete study of hillside development. Said ordinance, as extended by City Ordinance' No. 1959, shall expire on December 3 , 1992 . During the time period covered by the above ordinances, Martin had not submitted a development plan application with the City nor had any application or permit been filed with or requested from the City in regard to the Property. WHEREAS, the City has set for public hearing in front of the Planning Commission on November 10, 1992 , a request for zone change and text amendment ("Zone Change") which would establish a I:\DOCS\WP\STERES\0729AAA W.ZZB/2 -1- 11/19/924 LASER IMAGED 39 1 • • R-H (residential hillside single family) zone designation and regulations only upon the Property. WHEREAS, Martin upon receiving notice of the Zone Change hearing, notified the City of his desire to continue the public hearings and to meet with the City regarding potential plans to develop the Property. WHEREAS, City' s cooperation with Martin concerning hillside development could benefit the health, safety and welfare • of the general community. WHEREAS, the parties desire to continue the public hearings on the zone change and text amendment to enable the parties to meet and confer regarding the potential future development of the Property. NOW, THEREFORE, the parties hereby agree as follows: 1. That the public hearings for City Zone Change 92-003 and City Text Amendment 92-006 shall be continued to March 9 , 1993 ("Continuance") . 2 . That during the Continuance, Martin shall not submit any application to the City for the development or subdivision of the Property. I:\DOGS\W P\STERES10729AAA W.ZZB/2 -2- 11/19/92-t LASER IMAGED • cr- 3 . That during the Continuance, the City shall not hold any public hearings to consider nor adopt any zone change or text amendment affecting the Property. 4 . That during the Continuance, the parties agree to work in good faith in reaching a tentative design for the subdivision and improvement of the Property. 5 . That any actions taken by the parties in violation of paragraph 2 and 3 above shall be null and void. 6. Except as provided herein, by entering into this Agreement, City is not waiving any right nor negating its full police power authority with regard to the Property, including the right to act upon City Text Amendment 92-006 and City Zone Change 92-003 . 7 . By entering into this Agreement, Martin is not waiving any right or remedy which Martin may have as a result of any actions by the City taken prior to entering this Agreement, or any actions taken by the City after this Agreement has terminated. Martin hereby releases and holds harmless the City from any and all claims, suits, actions and liabilities of whatever kind or nature as a result of entering into this Agreement or adopting City Ordinance Nos. 1928, 1931, 1959 . 1:\DOCS\W P\STERES\0729AAA W.ZZB/2 -3- 11/19/924 LASER IMAGED 41 8 . The parties acknowledge and agree that the Continuance is not a violation of Martin's rights under the United States or California Constitution. 9 . It is the intent of the parties in entering this Agreement that a tentative design for the subdivision and improvement of the Property may be agreed upon and that said tentative tract map may be processed in the City in place and stead of processing and adopting the Zone Change. 10. Martin acknowledges and agrees that any proposed changes to the City zoning code or any proposed subdivision shall be subject to proper legal notice and public hearing prior to adoption and that Martin acquires no vested rights arising out of this Agreement. 11. Martin acknowledges that the City asserts that the requirements of Government Code Section 66474 . 2 (b) have been complied with in regards to the Zone Change. 12 . For purposes of this Agreement, Martin shall also mean any agent, employee, assignee, licensee, heir, or successor- in-interest of Martin and any other party or parties who may have any interest in the Property. Martin represents and warrants that he has full authorization to enter into this Agreement and bind any and all interests in the Property, that he will properly notify all 1:\DOCS\WP\STERES\0729AAAW.ZZB/2 -4- I1/19/92-4 LASER IMAGED d 2 u ' such parties and• indemnify and hold the City harmless with regard to any claims, suits, or liabilities against City that arise out of failure to notify as 'provided in this paragraph. WHEREFORE this Agreement has been executed and entered as of the date set forth hereinabove. CITY OF s.- :ADIA / By �., L 'EORGE F• SCHIN M.4h o ity of Arcadi ; ATTEST: a „_,/tp (._e ./4"c.,7' y Clerk, City of A adia APPROVED AS TO FORM: MARTIN c,! !L/ -K/ 1 172 2 Michae Miller, W. LAWbON MARTIN III City Attorney of the City of Arcadia BROWN, WINFIELD & CANZONERI, /� ERI, INC. ./ � ,„e7L ,ib. TriE-TE MARTIN i / . , 0 B /, i - Y, i L . �f J. _. . Mark W. teres Attorneys for W. Lawson Martin III I:IDOCS\WP\STERES10729AAAW.ZZ13/2 -5- ((/(9/924 LASER IMAGED 43. U�1) (� . North City Boundary West City noun dary j ` A•~ sa • • • • . R1�® Santa Anita Canyon Road \ !_. fo /r I —..East City Boundar) • 10 • 2.A.�� tC7. r i _Z Elkins Avenue .\R\, `I . . I?! i ao . • ./ Grand View A. 1 ,I tAvenue .,it ,. - A-, ri I -1 ,, '1 •, .. ' • ' r . • • .1 • N .11.1 I I. , ' \ it-1• 5o • . 1C (.f r WI�i (o • •4o i �4o IS ■II•o. -, 1.. • - • , 1 :CI ,g, . • ,v. l• ! ■.■... Boundary of Hillside Development Moratorium Area. Area to be rezoned from R-M&D to R-H. - MARTIN PROPERTY EXHIBIT "A" LASER IMAGED AA