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HomeMy WebLinkAboutFEBRUARY 18,1986_2 26 :0039 CITY COUNCIL MEETINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I I NVOCA TION PLEDGE OF ALLEGIANCE ROL L CALL MINUTE APPROVAL Feb. 4,1986 (APPROVED) ORD. & RES. READ BY T lTLE ONLY COMMENDATION I CLOSED SESSION I M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 18, 1986 The City Council of the City of Arcadia and the Arcadia Redevelop- ment Agency met in a regular session February 18, 1986 at 7:30 p. m. in the Arcad i a City Ha 11 Counc i 1 Chamber. Rev. Roger Kramer, Arcadia Christian Reformed Church City Manager, George J. Watts PRESENT: Counci1members Gilb, Hannah,.Lojeski, Young and Pellegrino ABSENT: Non e The Minutes of the Regular and Adjourned Regular Meetings of February 4, 1986 were APPROVED on MOTION by Councilmember Gi1b, seconded by Counci1- membr Young and CARRIED. It was MOVED by Councilmember Lojeski, seconded by Counci1member Hannah and CARRIED that all ordinances and resolutions be read by title only and that the reading in full be waived. PRESENTATION Mayor Pellegrino presented a certificate of commendation in recognition and appreciation of outstanding service, which resulted in saving proprty and possibly lives to Mr. Chris Robertson. On February 4, 1985, Mr. Robertson climbed to the roof of a burning house at 1435 Orlando Drive and, by hosing down the roof, managed to keep the fire from spreading until the Fire Department arrived on the scene. ' I The City Attorney stated "that at the pre-meeting this evening, the Council adjourned to a Closed Session pursuant to the Ralph M. Brown Act, Government Code 54956.9(b)1 to confer regarding potential litiga- tion in a situation where, based upon advice from the City Attorney, it was my feeling that there would be exposure to litigation against the City" . I, HEARING Appeal by Bi1a1 T. Ajami, 585 W. Duarte Road, Arcadia, applicant Tentative in connec~wlth the tentative map of Tract No. 35492 for a five Map 35492 lot subdivision at 1420-1426 S. Eighth Avenue. The Planning Commission (APPEAL voted to deny this project (4 to 2) because it was felt that the site DENIED) . e,. is not physically suitable for the density of the proposed development fl~ band the design of the subdivision or the type of improvements is likel) ,fa \qZ to cause serious pub1 ic health problems. (See report dated February li o.ier" {S/ 1986.) 1. till, 1-r Mayor Pellegrino declared the hearing open and John ~. Peterson, Attorney for the applicant, 1652 Rose Villa, Pasadena stated, in part, that his client desired to construct five new homes and exhibited renderings and photographs of the area as it looks now. He felt the deve10pmen~wou1d benefit the surrounding properties and would increase 2/18/86 -1- OPPOSITION 26:0040 the tax base for the City. The equestrian trails would not be obstructed and that none of the residents would have to remove their horses from their property. There should not be any problems as the horses would be at least 100' from any dwellings. He felt there was much emotional outpouring at the Planning Commission meeting from the neighbors. Bilal T. Ajami, the developer said, in part, that he plans to comply with aTl of the City requirements and regulations and felt that five new homes would compl iment the neighborhood... the lots would be large enough to quality for keeping of horses. The cul-de-sac would relieve some traffic and parking problems on Eighth Avenue. In response to a question, he said he is now in escrow. I Dave Chamberlain, 615 W. Las Tunas and 2210 Oaks hade Road, Bradbury, Realtor, said, in part, that he felt this matter puts potential developers in an uncertain position ... and developers might also feel this creates a state of uncertainty. Lori Schaefer, 1421 S. Eighth Avenue, urged Council to approve the development and felt the project would increase the value of all the homes in the area. She, too, is planning to upgrade her property. Some of the homes on the north are selling for $350,000 and are also on a cul-de-sac. She felt there is plenty of horse property although she does ~ot own horses. She noted that the existing area where the new homes would be built has five houses as rentals and are not being kept up. Robert B. Hatchman, 1406, 1410 and 1402 South Eighth Avenue, stated that this proposed development would limit the use of the property in that area as horse property. Stated that he and his wife had lived on that property and raised their children and now had grandchildren who enjoy the horses, and would like to continue to do so. Stated that the proposed one-sided cul-de-sac would be a precedent for more alley- type cul-de-sacs. Although the developer had stated that Lot 5 would be a suitable lot for horse property, said that actually it was not large enough to satisfy code for such use. The Planning Commission had said it was not large enough. Stated that sooner or later new owners of proposed homes would be inconvenienced by the close proximity of the horses. Gwen Johnson, 1414 South Eighth Avenue -- her property would be most dlrectly affected --her property would run along a long stretch of the proposed new development and spoke to the matter of a drainage problem. She does have horses. She noted a wall that was not listed to be constructed along that property and feels that young children would be in jeopardy. The present fence on her property is wire and fence posts. Harold Ellis, 1504 South Eighth Avenue, presented to the Council COPiesl of maps and also a copy of a petition that is being circulated in the area. He requested additonal time to gather more signatures. Althou~h they have just started the petition, they already have 40 signatures. He drew attention to the fact that there was a possibility that if other neighbors developed their property in a similar manner, they could end up with four one-sided streets around the area. He felt it would be an eyesore and noted that the appearance of the present five houses on the subject property is the responsibility of the City... there are codes and regulations which must be enforced. Councilmember Lojeski suggested staff check into this. Mr. Ellis commended the Planning Commission as he felt the Commission had had an intelligent meeting, well conducted and did not feel there had been any emotional ou,tpouring.He asked Council to allow the area to remain rural... perhaps rezoning would be the answer. 2/18/86 -2- 26 :0041 I Stella Ross, 355 W. Longden Avenue, stated, in part, that she did not live in the area under discussion and had no personal issue. She said that Arcadia has always been known as a horse area... this matter appears to be a matter of horses vs five houses. She asked Council not to vote the horses out, however, she has no doubt that new people coming in will complain about the horses. John S. Peterson, Attorney for the appl icant, spoke in rebuttal, stating, in part, that the project was according to code; that Lot 5 could be adjusted if found to be necessary. If Council had any questions about the drainage situation, an engineer was present who could respond if Council so desired. Mr. Peterson asked that a fair application be made in this matter. Councilmember Hannah inquired of staff why there were presently five ,houses on the subject property if there were permits for only four. Staff replied that the matter would have to be researched as the plans call for four. In response to a question by Councilmember Hannah, Mr. Peterson said he did not represent the applicant in the acquisition of the property. He felt certain that the applicant did not know of any violation when the transaction was made. : f.'" Councilmember Young referred to Mr. Peterson's remark that if the development went in, some of the horses would have to be relocated from one part of an owner's property to another. She did not feel those property owners should have to do this. Some discussion on a possible covenant concerning the footage distance in which a horse may be kept. There was doubt that this could work. ." ,.,. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Hannah, seconded by Councilmember Young and CARRIED. Prior to proceeding, Councilmember Hannah asked that staff investigate to ascertain whether or not there is a violation on the subject property... are there five houses when the code allows only four? He felt it remiss to break the continuity of the area,. Council member Young agreed and submitted that she felt the new development would be infringing upon the horseowners, and could not really see why every square foot of property in the City necessarily has to be developed. Councilmember Gilb had nothing more to add and Councilmember Lojeski said, in part, that he had serious questions about the cul-de-sac -- the one-sided street and the long wall. He just thought the development was not a good one for the particular area. .:.j It was then MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows that, based on the evidence, Tentative Map 35492 at 1420-1426 South Eighth Avenue be DENIED and find that the site is not physically suitable for the type of development; find that the site is not physically suitable for the denisty of development; find that the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage; and find that the design of the subdivision or the type of improvements is likely to cause serious public health problems. Ie", " .::. ~ AYES; NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None 2/18/86 -3- 2. HEARING Appeal of T. P.M. 85-16 (Pub 1 ic Storage, Inc. Applicant) 3. HEARING Appea 1 of Resolution No, 1 306 C.U.P. 85-23 (Pub 1 ic Storage, Inc. Applicant) (APPEAL DENIED) ( PROJECT APPROVED) C\? \1-\ Y 26:0042 Public Hearing Nos. 2 and 3 combined. (a) Consideration of an appeal of T.P.M. 85-16, a proposed tentative map to create three lots from one lot on the south side of Lower Azusa Road, east of Roseglen (Public Storage, Inc., applicant). (b) Consideration of an appeal filed by the City of El Monte of Resolution No. 1306 granting a Conditional Use Permit 85-23, for a public storage facility on the south side of Lower Azusa Road, east of Roseglen (Public Storage Inc., applicant). Staff report presented. I Don McMillan, Mayor of El Monte, 11333 Valley Blvd., spoke in opposition ~this project of building a public storage facility in this area. He felt that it is not compatible with the area on Lower Azusa Road since there is a new residential area and this would impact the families living there to a considerable extent. Felt it would increase traffic in the area and the location would be better suited for other purposes. Requested that the Council delay this matter for 60-90 days during which time representatives from the two cities could meet and try to decide what would be the best way to resolve this... felt the differences could be taken care of in this manner. Staff advised that the Code requires a decision must be made on the Tentative Map within 40 days from the date it was filed ... the Conditional Use Permit could be held up if Council so desires. As to residential zoning for the subject area, it would be very poor planning... it would be isolated from other residential areas of the City and would be located directly across the street from an existing quarry... such a development also would not provide sufficient revenue to the City to pay for the added cost of police and fire protection for the area. It would not be a benefit to the City of Arcadia and, in all probability wou~d be a detriment. Mayor Pellgrino declared the hearing open. (Jpposed Mayor McMillan spoke again and said, in part, that there are now residential homes and it would be compatible to have a long block wall in front of the other residences ... it would be a nice housing project. As far as police and fire protection is concerned, El Monte could help handle such matters. In response to a question as to whether or not El Monte would hook up sewer for a residential development, he could not see septic tanks used in the new area... the people are not comfortable with them. Mayor McMillan said, in part, he could not speak for the other members of his Council, but felt it reasonable and that was one of the reasons he desired to have the meeting with both City Councils and staffs. Felipe Felix, 4856 Bannister Avenue, El Monte, spoke in opposition to thel proposed publ ic storage facility... he would not want a factory in his back yard with the noise, pollution, etc. Their homes are nice and well kept. He bel ieved the suggestion of Mayor McMillan should be taken... more time to discuss the matter between the two cities. Walter Kreuter, 12141 Roseglen, El Monte, spoke in opposition to the project and would like to become better acquainted with Arcadia officials He said, in part, that he doesn't recall seeing an M-l abutted to an R-l zone that ever got along. Felt more time is needed to consider thi s project. Barbara Trisler, 4451 Durfee Avenue, El Monte, member of the Community Equestrian Association, said she represents many people in Arcadia and also asked for additional time to study the project. 2/18/86 -4- 26:0043 John Estrada, Jr., 12245 Lower Azusa Road, E1 Monte, appreciated the time taken by the Mayor of El Monte to come to Arcadia to speak before the City Council. He agreed with the statement made by Councilmember Youno that every inch of property does not have to be developed -- especially if oeonl are opposed to a development. He would appreciate another 60 - 90 days also IN FAVOR ',. Rudy Figueroa, 990 S. Fair Oaks Avenue; Pasadena, Public Storage, Inc., said, in part, that they are in full concurrence with all of the staff's conditions as set forth in the staff report and the resolution adopted by the Planning Commission. He referred to the communication from the City of El Monte, of which he has a copy, specifically to a private disposal system .., that it would not have a detrimental impact on the water table which is about 90 feet below the surface of the ground. As tO,the Parcel Map, it is a requirement of the State Subdivision Map Act and is a method of subdividing property... so that would not have any impact on the residents of the area. Also, the proposed develop- ment is one of the lowest intensity type uses... a mini-warehouse which does not generate traffic. As to the request for a 60-90 day delay, he could not see what would be the reason for that He noted that the area was zoned M-l in 1958 when it was annexed to the City of Arcadia. As to the private disposal system which they plan to use... that E1 Monte could allow them to hook into their sewers which they would be happy to do ... that it appears ridiculous to him to hear El Monte say they would pollute the area and still not allow them to tie into its sewer system. I j. . '.~ ~. ,,) E. O. Rodeffer, 11770 E. Warner Avenue, Fountain Valley, owner of both the subject 13 acres and the 85 acres across the street. He has owned the property for thirty years at which time he signed a document called an Irrevocable Offer and a Unilateral Agreement to develop the property. Dur~ng those years he has adhered to the conditions as a commitment which he takes seriously. He said, further in part, that he has been approached many times for residentia' use, but felt as did the City of Arcadia, that to build residences across the street following the completion of excavation and the possible beginning of a fill would not be a good neighborhood action... that industrial use was proper. He noted that the residents built knowing that his property was zoned for industrial purposes. I' As to the hooking to the E1 Monte sewer system, he recalled that he appeared before the El Monte City Council about eight months ago asking that he be allowed to hook to their sewer at the corner of Roseglen and the subject property... there is a sewer line at that location... and has the capacity to handle the property without any trouble... whereas the Mayor of El Monte said at this meeting that they would oermit this if the zoning were changed to residential. He just couldn't see putting in residences across the street from trucks and the possibility of a fill and the eventual development of industrial buildings there... it is all zoned industrial. He was pleased when Public Storage come to him ... it is a national company, a publiC stock company, responsible in its operations, maintenance and care of a property. It is Mr. Rodeffer's plan to develop the rest of the property into 1 ight industrial '" small industrial spaces which do not generate problems. At one time the City of E1 Monte was interested in annexing his property to that City, however, he declined as he likes Arcadia and intends to stay here. He asked Council, in the spirit of an agreement of more than 30 years, to vote in favor of the Parcel Map and the use for which he is applying now. 2/18/86 -5- Recommendation from Senior Citizens' Commission authorizing staff to apply for 1986-87 Title III Grant Funds and that the City Manager (or r ,. in his absence, the Director of Recreation) be authorized to sign the t,' At application and the contract. t)(' 0, \Y~ J- It was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb 1).', -<'~\v e/ and CARRIED on roll call vote as follows that staff be authorized to l' \\ \~ apply for 1986-87 Title III Grant Funds. yO 4. HEARING (Weed Abatement) (APPROVED) J'-:\ ~ \} C ~v r J. 26:0044 Harry Schrey,l1770 E. Warner, Fountain Valley, said. in part that he has been endeavoring to work out the matter of sewers with El Monte for some years without success. Mark Lloyd, Sun-Ray Engineering, spoke with regard to the equestrian trail. The development would not impact this -- it would still lie alonq the Flood Control Channel and ingress and egress to it would still be available. Rudy Figueroa said that the 60-90 day delay would not be acceptable as they are now in escrow. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeskl, seconded by Councilmember Young and CARRIED, It was then MOVED by Counci lmember Lojeski, 'seconded by Councilmember' I Young and CARRIED on roll call vote as follows that the appeal of Parcel Map 85-16 be DENIED; that Council finds the project, together with the provision for its design and improvement, is consistent with the Arcadia General Plan; that the Negative Declaration be approved and filed; that the project will not have a significant effect on the environment and that the project be approved subject to all conditions of approval set forth in the staff report dated February 18, 1986. AYES: NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None It was further MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows that the appeal of Resolutio~ No. 1306 relating to the Conditional Use Permit be DENIED; that the Negative Declaration be approved and filed; that the project will not have a significant effect on the environment and that staff be directed to prepare the appropriate resolution incorporating the specific findings and conditions of approval set forth in the staff report dated February 18, 1986. AYES: NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None Time and place to hear objections to the proposed abatement of weeds, brush, rubbish, refuse and dirt upon and in front of certain private property in the City. Report given by City Clerk. Mayor Pellegrino declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED. It was then MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRI ED on roll ca 11 vote as fo 11 ows that the County Agricultural Commissioner be directed to abate the nuisance by having the weeds, rubbish and refuse removed. I AYES: NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None BOARDS AND COMMISSIONS AYES: NOES: ABSENT: Counci lmembers None None Gilb. Hannah, Lojeski, Young and Pellegrino 2/18/86 -6- 6. 4' 7. 7a. ROLL CALL I 7b. MINUTE ..' APPROVAL Feb. 4, 1986 (APPROVED) 7c. OWNER PART! C I PA- TION 'i' flPPORTUN IT I ES SOUTH SIDE Rentype's Request for Extension (DENIED) ~.:< ~ ..... . "? ,,)- ').L\ ~\ I MOT! ON 26:0045 COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Gilb, Hannah, Lojeski, Young and Pellegrino ABSENT: None On MOTION by Member Young, seconded by Member Lojeski and CARRIED the Minutes of the Regular Meeting of February 4, 1986 were APPROVED. The Agency initially sought Statements of Interest for Owner/Tenant Participation in August, 1985. Three owners who had expressed an interest in participating in the project were Bob's Beef Burger (Robert Kleckner), Mullen Consulting Engineers (Kenneth Mullen), and Rentype (Gale Jackson/Roger Mabry). Both Mr. Kleckner and Mr. Mullen have since decided not to participate and will wait until the project is adopted. Rentype through their attorney, Michael Montgomery, has asked for an extension of the three month period which expired February 4, 1986. (See staff report dated February 18, 1986.) Gale Jackson (Rentype), 1934 Wilson and 300 E. Huntington Drive stated, TnlPart, that he and Gribble Associates have been unable to come to an agreement on participation. Gribble Associates want $8,OOO/mo. rental and do not wish to allow the site which Rentype prefers in the project. Location for his business is very important. Mr. Jackson feels he has no way of k~owing what is being done or what plans he can make to relocate or what can be worked out. He does not know the fair market value of his property. Member Gilb noted from the record that Mr. Jackson's Attorney, Michael Montgomery, had been apprised of all ongoing events concerning Rentype. The City Attorney explained that as long as Mr. Jackson wa~ represented by an attorney, Agency's obligations were fulfilled by so notifying the attorney. Mr. Jackson said his attorney had not communicated the facts to him. The dates of endeavoring to make contact were enumerated. Don Kleckner, 218 E. Huntington Drive, also stated that he did not reel that he had enough information to know how to proceed. It was noted that the Agency staff had attempted to contact his father, Robert Kleckner, who was out of town and did not wish to return to discuss the matter. Mr. Kleckner said as long as it is reasonable, he plans to stay in the project and has given thought to going into a new business. It was the consensus of the City Council that it would like to help Mr. Jackson and felt there may be a lack of communication between Mr. Jackson and his attorney. Member Hannah felt that, since these matters have been under negotiation since August 8. 1986, that ample time has been allowed; that there hasn't been much concern expressed about the price; about the location; about the Participation Agreement and made reference to communications which were sent to all interested parties. He would be against granting any extension of time. Staff advised that three of the owners were allowed another three months to negotiate ... Mullen, Bob's and Rentype ... this ended about February 5, 1986. Member Hannah then MOVED to deny the request of Rentype (Jackson) for an extension of time to negotiate the Owner/Tenant Participation Agree- ment and find that the Owner/Tenant Participation opportunitites have been made available to all owners and tenants pursuant to the Redevelop- ment Plan and the Arcadia Redevelopment Agency Resolution No. 10. Motion seconded by Member Young and CARRIED on roll call vote as follows: 2/18/86 ..7- 8. g. J 26:0046 AYES: NOES: ABSENT: Members Gilb, Hannah, Lojeski, Young and Pellegrino None None COUNCIL RECONVENED AUDIENCE PARTICIPATION Herb Fletcher, 175 West Lemon Avenue, once again brought up the charge for paramedic services to local residents. He felt some savings could be made in the Fire Department budget and compared that of Arcadia with the City of Sierra Madre. Felt there could be a savings and I maintain the same fire ratings by not having fire fighting equipment in the other two stations ... and rotate the paramedic vehicles around the three stations ... not discharge anyone except through attritIon: He thought Council could take a look at the Fire Department budget to address the matter of free paramedic service. The following persons spoke regarding the use of the English language. IN SUMMARY Richard Karlblom, 805 S. Second Avenue, Arcadia, read a communicatlon asking Council to adopt English as the official language of Arcadia, He noted that there is racial discord in Alhambra and Monterey Park because proposal to establish English as the official language was defeated and asked that Council establish such an ordinance for unification and peace. Stella Ross, 355 W. Longden Avenue, said, in part, that she felt offended by the remarks '" that the Orientals are here to stay and referred to her fine experience with a neighbor... that everyone came from some i place and recited her background.. rather than to fight them, let's absorb them into our lives. Mike Rubino, 1600 S. Baldwin Avenue recited his family background and the fact that his family studied English upon arriving in this country. He referred to an article in the L. A. Times where it looked as though children would have to learn Chinese whether they like it or not. Frank Arcuri 1021 E. Mooney Drive, Monterey Park, spoke at length in defense of the English language and said, in part, that he had obtained 3500 signatures from Monterey Park residents to make English the official language of that city. He recited estimated changes in population in the yeer 2000 '" the cause of this division will be the languages which is one of the things that hold society together. Charles Chivetta, 106 E. Longden Avenue, said, in part, that the reason there is conflict is because a dialogue has not been established with' I the people... people are isolated into their own groups. We must work together for a common cause... let the people do what they want. to do in the1r own community... there just will not be a problem if we can work together and not isolate groups. 2/18/86 -8- I I 10, lOa. PUBLIC HEARING Mar. 4 lOb. PUBLIC HEARING Mar. 4 1 Oc. I "t'bO WORK f ACCEPTANCE Street Light Improvements Job No. 574 10d. ./ ADVERT! SE FOR aIDs (Resurfacing) Job No. 586 10e. PA Y/.1ENT DF LEGAL FEES .~s \() \ .1/ f" 11. 11 a . ORDINANCE NO. 1830 (INTRODUCED) 26:0047 CONSENT ITEMS SCHEDULED a public hearing on March 4, 1986 for consideration of T.M. 35657, a proposed tentative map to create a 6-lot subdivision at 1925 and 1929 South Second Avenue (Chris Construction Company, Inc., applicant). SCHEDULED a public hearing on March 4, 1986 for consideration of an appeal of Resolution No. 1307 granting C.U.P. 85-24 to operate an eating establishment at 328 E. Foothill Blvd. (Carmelo Palazzolo, applicant). ACCEPTED and AUTHORIZED final payment pursuant to the terms of contract for work performed by Intersection Management Systems, Inc. for street lighting improvements, Job 574. The final contract amount of $97,900 was funded from Capital Outlay Funds that are reserved for the undergrounding of utilities and street lighting. APPROVED the plans and specifications and AUTHORIZED the City Clerk to advertise for bids for resurfacing of various streets - Job 586. AUTHORIZED additional payment of legal fees in an amount of $4,500 to Burke, Williams & Sorensen and the sum of $3,813.25 to Attorney Henry Lewin and DIRECT the Finance Director to make the appropriate allocations to the budget of the City Attorney Office to reflect this action. (In connection with Duffy v Arcadia and Kim v Arcadia (Shiatsu), respectively). ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER GILB AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmember Gilb, Hannah, Lojeski, Young and Pellegrio None None CITY ATTORNEY The City Attorney presented for introduction, read the title and explained the content of Ordinance No. 1830, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ARCADIA I1UNICIPAL CODE MAKING PROVISIONS FOR VESTING TENTATIVE MAPS AND VESTING TENATATIVE PARCEL MAPS". It was MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1830 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None 2/18/86 -9- 11 c. CLAIM OF On recommendatlon of the City Attorney, the claim of E. Pierce E. PIERCE. ,/\? was DENIED on MOTION by Council member Lojeski, seconded by Council- (DENIED)\~\I" member Young and CARRIED on roll call vote as follows: .G ~' 11b. RECONSIDERA- TION OF BUS. LIC. DENIAL (SHIATSU) Decision Affi nned . {f'~ \t;l\ (L- 12. ] 3. LOJESKI GILB 26:0048 The City Attorney submitted for Council consideration a Preemptory Writ of Mandamus (Court Order) received by the City on February 6, 1986 requiring the City to take action as specified in the Writ. On November 21, 1985 Council received a transcript of the administrative hearing and ex- hibits before the Business License Permit and License Review Board for review and consideration of evidence, testimony and argument as presented by and on behalf of the licensee regard- ing the penalty. The decision is now to be reconsidered as to the appropriate penalty to be imposed. I Robert J. Davis, Esq., appeared and argued on behalf of Bun Ja Kim and Henry Lewin, Esq., appeared and argued on behalf of the City of Arcadia. After reviewing and considering the transcript from the administrative hearing and all of the evidence, testimony and argument presented by and on behalf of the licensee, Bun Ja Kim Council entered a Closed Session and reconvened. The City Attorney stated, "that the City Council deliberated in the Closed Session on this matter and I did not participate in that deliberation. I was just there to answer procedural questions". It was then MOVED by Counci1member Hannah, seconded by Counci1member Young and CARRIED on roll call vote as follows that the City Council of the City of Arcadia reaffirm and readopt the previous decision of the City Council on July 19, 1985 and the recommendation by the Business Permit and License Review Board dated July 5, 1985. This takes effect forthwitr. AYES: NOES: ABSENT: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino None None AYES: NOES: ABSENT: Gilb, Hannah, Lojeski, Young and Pellegrino Councilmembers None None MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Inquired about the status of the sound wall situation Councilmember I Gi1b stated that a meeting had been held with Mr. Van Houten and he was preparing a report for presentation at a later date. Wondered if there was some way to adjust the agenda so that attorneys and other professional people did not have to sit through all the public hearings. Staff will consider this reo future agenda items. 2/18/86 -10- 26:0049 LOJESKI Adjourned the meeting in memory of a long-time friend of Arcadia and a long-standing member of our community, Nathan S. McCray, former Principal at Rosemead High School, a long-time area educator, passed away in San Clemente February 1 at the age of 71 after a brief illness. Dr. McCray started his education career as a teacher at Monrovia High School in 1949; he was promoted to Attendance Director there in 1950 and also served as Principal of the Adult Education for the Arcadia Unified School District and Vice-Prinicpa1 at Rosemead High School in 1959. In 1967 this long-time Arcadia resident was promoted to the position of Assistant Superintendent for Personnel in the El Monte Union High School District where he served until his retirement in 1979. He is a graduate of Santa Barbara High School; graduated from Occidental College in 1936 and received his Master's Degree from Claremont Graduate School in 1953. He completed his doctorate in Education at USC in 1960. I, perso~ally, first became affiliated with Dr. McCray through his son. A musician, Dr. McCray was a Member of the Maestro's Club of Pasadena. He also attended the Presbyterian Church of Arcadia and was a Kiwanian. He is survived by his wife, Dorothy in San Clemente; his son, Steven of San Jose; daughter, Julie Kline of Sebastopol; sister Alice Endears cf Visi1ia and four grandchildren. Memorial service was held Februal~ 8, 1986. I 14. ADJOURNMENT Ma r . 4 , 1 986 At 11 :35 p. m. the meeting adjourned to 7:00 p. m., March 4, 1986 in the Conference Room for the purpose of conducting the business of the Council and Agency and any Closed Session necessary to discuss personnel, 1 itiga- tion and evaluation of propertiEs. "d.4.' Donald D. Pel1 ATTEST: ~~CiQ I 2/18/86 - 11-