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HomeMy WebLinkAboutMinutes - November 21, 1955 - CC427 CITY HALL AZUSA, CALIF. NOVEMBER 21, 1955 7:30 P.M. The Azusa City Council met in regular session at the above time and place. The meeting opened with the salute to the Flag and in- Flag Salute vocation was delivered by Reverend Shoemaker of the Nazarene Church. Present at Roll Call: Councilmen: Fawcett, Ortuno, Johnson, Roll Call Romero, Mayor Memmesheimer City Attorney, City Engineer, City Clerk The City Clerk stated that in the minutes of November 7, on Page 417, second from the last paragraph, line 3, should read "October 17, 1955" Minutes of the November 7th meeting were approved as corrected. Bids were received and opened in the office of the City Clerk at 10:00 A.M. Friday, November 18, 1955, in accordance with Ordinance No. 483 for the installation of sanitary sewers and laterals in portions of Third Street, Coney Avenue and Fifth Street, designated as Project No. 146. Bids were received from the following companies: Charles L. Burch and Son - - - - - $ 18,915.00 Shacklett & Bradfield - - - - - - - 18,959.00 L. D. & M. Construction - - - - - - 24,165.00 Engineers estimate - - - - - - - - 16,073.75 It was moved by Councilman Fawcett, seconded by Councilman Ortuno, and unanimously carried, that the bid of Charles L. Burch & Son in the amount of $18,915.00 be acdepted and the Mayor authorized to sign the contract. The City Clerk to return the bid bonds to the unsuccessful bidders. Bids for the purchase of a Survey Vehicle for the Engineer- ing Department were scheduled to be opened at 10:00 A.M. November 18, 1955, No bid was received. The City Engineer recommended purchase on the open market. It was soved by Councilman Ortuno seconded by Councilman Fawcett and unanimously carried, that the purchase of the survey vehicle be delayed until the bids for police cars have been received and studied. The Planning Commission having held two Public Hearings as required by law, (October 19, and Nov. 9, 1955) recom- mended to the Council the granting of a Change of Zone from R=1 to R-4 of the property known as the "Old Lee School" property located on North Cerritos Avenue between Fifth Street and Foothill Blvd. for the purpose of constructing multiple dwelling units as set forth in the plans submitted by the petitioner, Mr. Walter G. Beck, partner in the firms of Wm. Radkovich and Walter G. Beck, owners of the property. It was moved by Councilman Fawcett, seconded by Council- man Romero, and unanimously carried, that a Public Hearing before the City Council of the peition for change of zone from R-1 to R-4 of the Old Lee School property, be held on December 5, 1955 at 7:30 P.M. and the City Clerk to be authorized to proceed with the necessary advertising and mailing of notices. Minutes 11%7%55 approved. Bids opened on sewers 3rd, 5th Sts. etc. Bids C. L. Burch bid accepted. No bids on Survey Vehicle. Purchase to be on open market. Public Hearing Dec. 5, 1955 428 CITY HALL AZUSA, CALIFORNIA MONDAY, NOV. 21, 1955 The Planning Commission having held a Public Hearing on November 9, 1955, recommended to the Council that a Variance from C-1 to C-3 be granted to Maurice J. Lynch, owner, for the property designated as 814 W. 5th Street, for the purpose of establishing a hand laundry at that address. It was moved by Councilman Romero, seconded by Council- man Fawcett and unanimously carried that the City Attorney be instructed to prepare a Resolution granting a Variance from C-1 to C-3 of the property located at 814 W. Fifth Street owned by Maurice J. Lynch for the purpose of establishing a hand laundry as specifically set forth by Mr. Lynch, --said variance to be granted upon approval of Fire Chief, The Planning Commission recommended to Council that per- mission be granted the developers of Tracts No. 20495 and No. 18102 to erect homes on 13 corner lots with side yards o less than 12 feet, as set forth in the letter submitted by Ray K. Cherry. Moved by Councilman Romero, seconded by Councilman Ortuno that the City Clerk and City Engineer advise Mr. Cherry of the necessity of filing a Petition for Variance in regard to the side yard set back. The Planning Commission recommended to Council that Ray Neville, 204 E. Mason Street, be permitted to erect a breeze -way 3'9" from the side property line. Moved by Councilman Romero, seconded by Councilman Johnson, that the City Clerk advise Mr. Neville the necessity of filing a Petition for Variance regarding his request. Motion carried by the following vote: AYES: Councilman Fawcett, Johnson, Romero NOES: Councilman Ortuno ABSENT: None The Planning Commission recommended to the City Council approval of tentative map, Study Item No. 10 of Tract No. 20502 with the stipulations that curb, gutter and sidewalks be installed on Cerritos and Pasadena Avenues bordering the Tract, and rear lot lines of all through lots should be fenced by a 5' block wall, and the de- velopers shall install all necessary improvements to the center line of Cerritos Avenue and to the edge of the existing pavement on Pasadena Avenue, in addition, the proposed cross section moving the curb out 4" in order to save the existing palm trees on Pasadena Avenue is recommended to be approved. It is further recommended that street lighting shall be provided within the Tract. Discussion was held relative to type of wall and the matter of street lighting within the tract. It was moved by Councilman Fawcett, seconded by Council- man Ortuno, that the City Council accept the recommendation of the Planning Commission on Tentative Map, Study No. 10 of Tract No. 20502 except that 5' redwood fences, accept- able to the City Engineer, would be allowed in lieu of cement block wall, and further, that the street lighting within the Tract is to conform with the City's "adequate lighting project". Motion carried by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None The City Planning Commission recommended to the City Council approval of final map of Tract No. 21885 with the stipulation that proper legal restrictions be placed upon that portion shown as "not a part of this subdivision'' this being the westerly section of Duell Street. Moved by Councilman Ortuno, seconded by Councilman Romero that the Council approve final Map Tract No: 21885 provided the developer complies with the City's street lighting program. 429 7:30 P.M. Variance C-1 to C-3 -- Lynch 814 W. 5th St. Easements in Tracts #20495 & #18102 to be requested by Variance. Breezeway un- approved ---- R. Neville. Tract No. 20502 approved subject to requirements. Final Map table, Tract #21885 43® CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 7:30 P.M. Discussion was held regarding street lighting requirements being stipulated after tentative map approved. Motion was withdrawn with consent of seconder. Moved by Councilman Ortuno, seconded by Councilman Romero ind unanimously carried, that consideration of final map of Tract 21885 be tabled until next meeting of December 5, 1955. Mr. Roy Klema entered a protest on the grounds that the original requirements of tentative map had been complied with and reo_uested that the City Attorney and City Engineer check the State law on original requirements of tentative maps. 431 Protest entered re: Tract Map requirements. The City Engineer presented tentative map of Tract No. 20971 with notations of requirements requested by State Division of Highways as it would affect the possible extension of San Gabriel Avenue. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried, that the City Council approve Tentative Map of Tract No. 20971 subject to developer meeting street lighting requirements of City's lighting program. A letter was submitted by h7r. H. W. Hubner requesting an extension of 6 months time of Spial Use Permit, from December 20, 1955 to June 20, 1955!!, for purpose of con- structing foundry at 772 Loren Avenue, in order to clear with Air Pollution Board. Moved by Councilman Romero, seconded by Councilman Ortuno, and unanimously carried, that H. W. Hubner be granted an extension of time from December 20, 1955 to June 20, 1956 of Special Use Permit for foundry at 772 Loren Avenue and City Clerk to so notify Mr. Hubner. A request for business license to operate a cafe at 116 W. Foothill Blvd, was submitted by Choon W. Wong. It was pointed out that all inspections have not as yet been made. It was moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that this request be tabled. An application for an on -sale beer permit at 116 W. Foot- hill Blvd, forwarded by the State Dept. of Alcoholic Beverage Commission, was presented to Council. Moved by Councilman Fawcett, seconded by Councilman Romero and unanimously carried that the City Attorney be instructed to prepare a resolution of the City Council protesting the granting of such license on the grounds that the location of 116 W. Foothill Blvd, is too close to church buildings and if a hearing is to be held before the Alcoholic Beverage Control Dept., such hearing be held in the City of Azusa. It was recommended that copies of this resolution be for- warded to Alcoholic Beverage Control offices in Pasadena, Los Angeles and Sacramento. A certified list of applicants for position of Civil Engineering Assistant was submitted by the Personnel Board. The City Engineer recommended that Mr. Arnold Johnson, No. 1 man on the list, be appointed to the position, effective November 28, 1955 at the first step of salary range (25) $425.00 per month. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that the recommendations of the City Engineer be accepted and the City Attorney be instructed to prepare a'resolution accordingly. The Personnel Board recommended step raises for the follow- ing employees: Tentative Tract Map No. 20971 approved. Request for extension of time - Special Use Permit - Hubner Request for business license - Cafe -- C. Wong. Tabled. Granting of license protested -- On-sale Beer. Civil Engineerir Assistant appointed - A. Johnson CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 J. E. Enyart, Patrolman, 3rd Step, Range (21) at $383.00 per month effective Dec. 1, 1955. John Sommer, Patrolman, 3rd Step, Range (21) at $383.00 per month effective Dec. 1, 1955. Charles K. Neer, Patrolman, 3rd Step, R nge (21) at $383.00 per month effective Dec. 1, 1955. Donald K. Ryle, Patrolman, 3rd Step, Range (22) at $403.00 per month, effective Dec. 1, 1955. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried, that the recommendation of the Personnel Board be accepted and the City Attorney be instructed to prepare a resolution accordingly. The Personnel Board recommended that Mrs. Avis Whitlock, Account Clerk in the Light and Water Dept. be raised from 1st to 2nd step at $312.00 per month, effective December 20, 1955. Moved by Councilman Ortuno, seconded by Councilman Romero that the recommendation of the Personnel Board be accepted and the City Attorney be instructed to prepare a resolution accordingly. The Personnel Board having held a Public Hearing November 15, 1955, of charges filed against Officer John Mosley by Chief of Police Kendricks submitted their findings as follows: 1. That Mr. John C. Mosley be found guilty of conduct unbecoming an officer in the manner in which he caused the removal of one Albert A. Linnell from a public auditorium on the night of September 14, 1955. 2. The Board hereby John C. Mosley be above, and 433 7:30 P.M. Step Raises: Enyart Sommer Neer Ryle approved. 2nd step approved - A. Whitlock Public Hearing - J. Mosley Recommendations of Personne: recommends to the City Council that Board reprimanded for his action described 3. That John C. Mosley be reimbursed for his suspended pay. These findings were signed by the following members of the Board: B. Jay Benson, Chairman, Willard R. Decker, C. S. Reed and Hickory S. Jackson. W. Wesley Kloepfer, member of the Board submitted a dis- senting report. It was moved by Councilman Johnson, seconded by Council- man Ortuno and unanimously carried that the City Council accept Item No. 3 of the findings of the Personnel Board. Moved by Councilman Ortuno, seconded by Councilman Johnson that the Council reverse the decision of the Personnel Board of Item #1 as written. Item #3 accepter Discussion was held relative to the Hearing. The motion was withdrawn upon consent of the second Moved by Councilman Johnson, seconded by Councilman Item #1 tabled. Ortuno and unanimously carried that Item No. 1 of the findings be tabled. Moved by Mayor Memmesheimer, seconded by Councilman Ortuno and unanimously carried that Item #2 of the find- ings be tabled. Moved by Councilman Ortuno, seconded by Councilman John- son, that the Personnel Clerk be instructed to obtain a copy of the transcript of the Hearing Motion passed by the following vote: AYES: Councilmen Fawcett, Ortuno, Johnson NOES: Councilman Romero ' ABSENT: None Item #2 tabled. Transcript to be obtained 4344 CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 Moved by Councilman Ortuno, seconded by Councilman Johnson and unanimously carried that the City Attorney prepare a resolution allowing John C. Mosley to be reimbursed for the period he was penalized. Mr. Erwin Meier, representative of J. L. Jacobs Company submitted copies of the report and recommendations on Administrative Organization and Procedures in the city offices and departments. Mr. Meier addressed Council and spoke on some of the highlights of the report. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that the City Council study the J. L. Jacobs report for consideration at. -the meeting of December 19, 1955. The City Engineer recommended the acceptance of Project No. 135, the construction pf sewers on Russell, Pasadena and Jackson Streets and the recording of Notice of Completion. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried,that the Council accept the recom- mendation of the City Engineer and the City Clerk be instructed to record the Notice of Completion of Project No. 135 with the County Recorder. The City Engineer recommended the readvertising for bids on air conditioning at this time. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried, that the City Clerk be authorized to advertise for bids on air conditioning - plans and specification to be furnished by the City Engineer; bids to be opened December 16, 1955. The City Engineer reported on the Land Use Survey as proposed by the Planning Commission. It was moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that the City Engineer investigate and present his ideas as to the best way to handle the project and to present an estimated cost of the survey. The City Engineer reported on the Proposed Street and Highway Plan suggested by the Planning Commission and stated it might be possible to use State Funds set up for engineering aid in connection with the plan. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried, that the City Engineer present to the Council information on the costs of engineering services and estimated cost of other work along with costs of aerial surveys in connection with street and highway plan. The City Engineer reported that he did not feel that a permanent addition could be made to the City Hall build- ing to increase the space requested by thelPolice Dept. for $500 as -quoted when plan was submitted at previous Council meeting. The Engineer recommended that outside plastering work on City Hall be done by outside help. It was moved by Councilman Fawcett, seconded by Councilman Romero that the Engineer and Chief of Police work out details for increasing space in Police offices to the best interests of all and proceed with the work. Motion carried unanimously. The City Engineer presented a sketch of proposed use of Public Works Bldg. and estimated material costs at $700 and $300 labor. Space would be available for Credit Union, Building Inspector and County Agricultural Inspector and if the Personnel Board would move to the building, room would be available for their office. 435 7:30 P.M. Reimbursement approved - J. Mosley J. L. Jacobs Co, report sub- mitted Study to be mad( of report Project 135 completed and accepted. To advertise for bids on air conditioning. Land Use Survey report by Engineer Proposed street and highway plat Police Dept. request for add1l. space referred to Engineer 486 437 CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 7:30 P.M. It was moved by Councilman Ortuno, seconded by Council- Public Works Bldg. man Romero that the City Engineer be authorized to work changes proposed, out details and costs for remodeling Public Works Bldg, Motion passed with the following votes: AYES: Councilmen: (Fawcett temporarily absent from table), Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None The City Engineer presented site plan for bridge over wash on First Street at Soldano Avenue. Discussion was held regarding Soldano Avenue and itwas the opinion of First Street Bridgf the Council, at this time, that Soldano Avenue should plan. terminate in a cul de sac instead of connecting with 1st Street and the engineer should proceed with plans of bridge construction accordingly. Councilman Ortuno offered for it's second reading an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, COUNTY OF TAS ANGELES, STATE OF CALIFORNIA, AMENDING Ordinance No, 491 ORDINANCE NUMBER 392 OF SAID CITY OF AZUSA, ENTITLED Sales Tax "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, IMPOSING A LICENSE TAX FOR THE PRIVILEGE OF SELLING TANGIBLE PERSONAL PROPERTY AT RETAIL PROVIDING FOR PERMITS TO RETAILERS AND FOR THE COMPUTATION, COLLECTION AND PAYMENT OF SUCH TAX PRESCRIB- ING PENALTIES FOR VIOLATIONS HEREOF". Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that further reading of the Ordinance be waived. It was moved by Councilman Romero, seconded by Councilman Ortuno that this Ordinance be adopted. This Ordinance was then passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Ordinance No. 491 Councilman Romero offered for the first reading the following Ordinance entitled: "AN ORDINANCE OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ORDINANCE No. 409 OF THE CITY OF AZUSA ENTITLED "AN ORDINANCE ESTABLISHING A ZONING AND DISTRIBUTING PLAN WITHIN THE CITY OF AZUSA, CREATING 13 USE ZONES, REGULATING THE USE OF PROPERTY, HEIGHT AND AREA OF STRUCTURE AND OPEN SPACES FOR LIGHT AIR AND VENTILATION, ADOPTING A MAP OF SAID ZONES,; DEFINING TERMS USED; PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT, AND AMENDMENT THEREOF; PRESCRIBING PENALTIES FOR VIOLATION; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH". The Ordinance was then read in full. V. D. Smith reported on the request by Edison Company to enter into a joint pole agreement for use of City poles now erected on Citrus Avenue and on the easement at the southerly part of the new Foothill Shopping Center. It was moved by Councilman Romero, seconded by Council- man Ortuno and unanimously carried, that Supt. Smith be authorized to arrange a meeting with Mr. Voiselet and other Edison Co, officials and the following City officials: Mayor Memmesheimer, City Attorney, City Engineer, Councilman Ortuno and Supt, Smith. First reading Zone Ord, No. 492 H. H. Howard property. Request by Edison for pole agreement "I CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 7:30 P.M. Councilman Romero offered for it's title reading an Title Reading of Ordinance entitled: Ordinance - x#493 Easterly Annexatjor "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UN- District No. 10 INHABITED TERRITORY, DESIGNATED "EASTERLY ANNEXATION DISTRICT NO. 10 TO THE CITY OF AZUSA." The City Attorney announced that he had been given papers which had been served on the City Clerk relative to a Suit brought by suit being brought by Aerojet General Corporation to Aerojet-General recover tax money paid by that company on their 1953 re: back taxes. tax assessment. The City Attorney stated that he would consult with the attorney for the County in this matter. The City Attorney reported on a meeting attended by him and Supt. Smith of the Water Department held by the Upper San Gabriel Valley Water Protective Association. The Meeting of Upper cost to the City for membership in the Association is San Gabriel Water estimated not to exceed $300 per year. Protective Assn. It was moved by Councilman Johnson, seconded by Council- man Romero and unanimously carried that copies of the Articles of the U.S.G.V.W.P. Assn, be made available to Council members for study. Councilman Ortuno offered for it's first reading an Ordinance entitled: Ordinance on Pool Halls, first "AN ORDINANCE OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, reading STATE OF CALIFORNIA, REGULATING PUBLIC BILLIARD ROOMS Ord. No. 494 AND SOCIAL BILLIARD CLUBS, AND PRESCRIBING THE PUNISH- MENT FOR VIOLATIONS OF THIS ORDINANCE, AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INSOFAR ONLY AS ANY OF THE PROVISIONS OF SAME CONFLICT HEREWITH." Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried, that further reading be waived. Second reading to be December 5, 1955. Discussion was held regarding possible annexations to the east of the City limits. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the Engineer be authorized Easterly Annex. to submit to the County Boundary Commission description No. 8 proposed. of boundaries designated as Easterly Annexation No. 8 comprising Foothill Ranch property and other lands in that area. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried, that the request of the Deacons Request for dance Club for permission to hold a dance December 17, 1955, referred to P.D. be referred to the Chief of Police with power to act. Moved by Councilman Ortuno, seconded by Councilman Romero Further requests and unanimously carried, that the request of "Battery B" for dances re - and "Cruisers4 for permission to hold a dance Dec. 31, ferred to P.D. 1955 at the Armory be referred to the Chief of Police with power to act. A petition signed by 11 property owners living on Azusa Land was submitted to the Council. It was requested by these persons that the City furnish the same sewer service in that area sa in other sections of the City. Request for Moved by Councilman Ortuno, seconded by Councilman Romero sewer service and unanimously carried that the City Engineer make a Azusa Lane study of the situation and report. The Park and Recreation Department submitted a letter stating that a dinner is to be held at the Recreation Bldg. Nov. 28th as part of the quarterly meeting of the California Recreation Society and requesting the City 440 441 CITY HALL AZUSA, CALIF. MONDAY, NOV. 21, 1955 7:30 P.M. to authorize payment of dinners for those officials of the City attending. Dinner meeting Moved by Councilman Romero, seconded by Councilman Fawcett Recreation Dept. and unanimously carried that the City authorize payments for dinners as requested in letter. Moved by Councilman Johnson, and unanimously carried that be approved. seconded by Councilman Romero the Bills and Requisitions Councilman Johnson offered the following Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID." Councilman Johnson moved its adoption seconded by Council- man Romero. This Resolution was then passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3327. Bills and Requisitions. Resolution No. 3327 Allowing Claims and Demands Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that this meeting adjourn until Adjournment November 29, 1955 at 8:00 o'clock P.M. Time of adjourn- ment 11:38 P.M. / Ity ulerk or Azusa 442