HomeMy WebLinkAboutResolution No. 03-C055 RESOLUTION NO. 03-055
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA, STAYING THE
REVOCATION OF AN ALCOHOLIC RECOVERY MEETING
FACILITY (GRUPO VIDA Y ACCION ALCOHLICOS
ANONIMOS) LOCATED AT 739 W. GLADSTONE STREET,
AZUSA AND IMPOSING CONDITIONS ON ITS OPERATION
WHEREAS, Section 18-21 of the Azusa Municipal Code generally provides that
everybusiness license granted is subject to the express condition that the city council may revoke the
license at any time when it is determined that(1)the person to whom such license was issued or any
of his agents, servants or employees has violated any of the conditions of the license or permit, if
any,or terms of the Azusa Municipal Code or of any of the laws of the State of California;or(2)the
license or permit was obtained by fraudulent representations; and
WHEREAS, the City of Azusa received a request for the issuance of a business
license by Grupo Vida y Accion Alcohlicos Anonimos (Aquilino Noya & Ruby Ramirez as
Representatives) for an alcoholics anonymous meeting facility providing community services on
property located at 739 W. Gladstone Street, Azusa, California 91702 ("License"); and
WHEREAS, on April 30, 2003 representatives from the City of Azusa Community
Improvement Division, along with the Los Angeles County Fire Department, conducted an
inspection of the premises located at 739 W. Gladstone and found that approximately 30 men were
housed in a "locked-down" environment for the purpose of undergoing drug and alcohol
detoxification. The inspection further revealed that:
1. All low windows were boarded up from the inside and all high windows were
painted over;
2. Several open cabinets contained personal belongings and suitcases;
3. Large quantities of food were stacked throughout the building;
4. The restroom facilities were inadequate and unsanitary; and
5. Some of the men had been sleeping on the floor of the building adjacent to
vomit buckets.
WHEREAS, based upon the conditions observed on April 30, 2003, the City
Manager,on May 1, 2003, suspended the business license in accordance with Section 18.21(e)ofthe
Azusa Municipal Code and informed the owners and operators of the City's intent to revoke the
license and their right to contest such revocation pursuant to Section 18.21(6) of the Azusa
Municipal Code; and
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WHEREAS, on June 2, 2003 the City Council of the City of Azusa held a hearing
concerning the revocation of the License, wherein the applicant and all interested persons were
provided an opportunity to testify under oath concerning the alleged conditions; and
WHEREAS, after reviewing and considering the staff report attached hereto as
Exhibit "A," the affidavits attached thereto, and all persons testifying under oath at the hearing,the
City Council closed the hearing and directed staff to prepare a resolution and order finding that
sufficient grounds for revocation exist, but staying the revocation of this License and imposing
conditions to govern the subsequent use of these premises;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND, DECLARE AND ORDER THAT:
SECTION 1. Findings for Revocation of License. The City Council of the City of
Azusa hereby finds that there exists sufficient grounds for the revocation of the License granted to
Grupo Vida y Accion Alcohlicos Anonimos (Aquilino Noya& Ruby Ramirez as Representatives)
for an alcoholics anonymous meeting facility providing community services on property located at
739 W. Gladstone Street, Azusa, California 91702 and makes the following findings in support of
such revocation:
A. The person(s)to whom such license was issued or any of his agents,servants
or employees has violated the conditions of the license or permit by
conducting a business that is different than that described in the business
license application and conducting a business that is not permitted by the
zoning designation for this property. Moreover,the person(s)to whom such
license was issued or any of his agents, servants or employees have violated
the laws of the State of California by conducting a drug and institutional
facility without complying the California Health & Safety Code, Section
11834.01 et seq. (See Agenda Report and attached Afrdm its;.lune 2, 2003
Testimony of D. Rudisel, Community Improvement OjTcer;and.Iune 2, 2003
testimony of.Jesus Carreon and Juan Camacho admitting violations).
B. The license or permit was obtained by inaccurate representations. (See
Agenda Report and attached Affidavits; June 2, 2003 Testimony of D.
Rudisel, Community Improvement Officer; and June Z 2003 testimony of
.Jesus Carreon and.luan Camacho admitting violations).
SECTION 2. Revocation Staved. Notwithstanding the findings for revocation
contained in Section 1 of this Resolution, the City Council of the City of Azusa hereby stays the
revocation conditioned upon compliance with the conditions of the approval attached hereto as
Exhibit "B." Subsequent violations of these conditions of approval shall subject this business
licenses to suspension and/or revocation.
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SECTION 3. Effective Date. This Resolution and Order shall become effective upon
its adoption.
PASSED, APPROVED AND ADOPTED this 16th day of June 2003.
A?e5r —
Cristina Cruz-Madrid
Mayor
ATTEST:
Vera Mendoza
City Clerk
I HEREBY CERTIFY THAT THE FOREGOING Resolution was duly adopted at a regular meeting
of said City Council on the 16 day of June 2003, by the following roll call vote:
AYES: COUNCIL MEMBERS: Hardison, Stanford, Rocha, Chagnon, Madrid
NOES: COUNCIL MEMBERS: None
ARSENT• COU IL MEMBERS: None
TY CLERK F THE CITY OF USA
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EXHIBIT "A"
ATTACH JUNE 2, 2003 AGENDA REPORT WITH AFFIDAVITS]
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EXHIBIT "B"
Conditions of Operation
r. Use of the premises located at 739 W. Gladstone Street under the approved business
license shall be to limited to conducting Alcoholic Anonymous meetings or other
substance abuse meetings for clients. Appellant shall not utilize the building or
property to operate a drug or alcohol treatment facility as that term is defined in
California Health & Safety Code, Section u834.02, or allow overnight stays by any
person.
2. Prior to re-establishing the Alcoholic Anonymous Meeting Room Facility,appellant
shall obtain a "Special Inspection Permit" from the City of Azusa Building Division
within io days of adoption of this Resolution and complete all building repairs
within 3o days. Said repairs shall include, but are not limited to; removal of all
kitchen facilities and capping all unpermitted plumbing,remoN!ng all extension cord
electrical wiring, removing the unpermitted range hood and ventilation system,
repairing all damaged interior walls, removing the unpermitted shower facilities,
removing the unpermitted partition wall located behind the front entrance to the
building, removing all window glazing coverings from the interior, and installation
of panic hardware to facilitate exiting in the event of an emergency. The building
shall not be utilized for meeting purposes until approved for re-occupancy by the
City of Azusa Building Division.
3. Appellant shall comply with all Fire Codes, including but not limited to maintaining
all applicable aisle standards between seating while conducting substance abuse
meetings.
4. The front door shall remain unlocked at all times while substance abuse meetings
are being conducted.
5. Appellant shall provide the City of Azusa Business License Division with a list of all
regularly scheduled substance abuse meetings and the business hours of operation.
6. These conditions of approval shall be applicable to any successor and/or assign of
Grupo Vida y Accion Alcohlicos Anonimos using the premises at 739 W.Gladstone Street as
a facility for conducting an Alcoholic Anonymous meetings or other substance abuse
meetings for clients.
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