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HomeMy WebLinkAboutMinutes - January 21, 1963 - CCCITY HALL AZUSA, CALIFORNIA MONDAY, JANUARY 219 1963 The City Council of the City of Azusa met in regular session at the above time and place. Mayor Ortuno called the meeting to order and led in•the salute to the flag. Invocation was given by Reverend James M. Fincher, Calvary Evangelical Luthern Church. 209 7:30 P.M. Present at Roll Call: Councilmen: Memmesheimer, Cooney, Jackson, McLees, Ortuno Also Present: City Attorney Williams, City Engineer Lawrence, Superintendent of Light & Water Smith, City Clerk Miller With no corrections, the Minutes of the meeting of January 7, 1963, were approved as submitted. The City Clerk announced that bids were opened in the office of the City Clerk at 10:00 A.M., on Friday, January 18, 1963 for one new 1963 1/2 -ton Styleside pickup truck. Present at the bid opening were Councilman McLees, Superintendent of Light & Water Smith, City Engineer Lawrence and City Clerk Miller. The City Clerk presented the Affidavit of Publication of Notice Inviting Bids. A recommendation was submitted by Superintendent of Light and Water Smith that the purchase contract be awarded to Russ Davis Ford, low bidder in the amount of $1,886.64. ' Moved by Councilman Jackson, seconded by Councilman McLees and unanimously carried that the recommendation of the Super- intendent of Light & Water be accepted and the bid on the pickup truck be awarded to Russ Davis Ford, as low bidder, and that the bids bonds and/or checks be returned to the unsuccess- ful bidders. The hour of 7:30 P.M. being the time set for a public hearing on the proposed zone change from "R -lc" to "C-2" on property on the east side of Citrus Avenue south of Ghent Street owned by Iral Roller, the hearing was declared opened by Mayor Ortuno. The City Clerk presented the Affidavit of Proof of Publication of Notice of this public hearing, together with an analysis and recommendation for approval of said zone change by the Planning Commission. No written communication having been received and no one in the audience wishing to speak on this matter, it was moved by Councilman McLees, seconded by Councilman Cooney and unanimously carried that this hearing be closed. Moved by Councilman McLees, seconded by Councilman Cooney and unanimously carried that the recommendation of the Planning Commission be accepted and that the City Attorney be instructed to prepare the necessary ordinance approving zone change on Iral Roller's property to "C-2". The hour of 7:30 P.M. being the time set for a public hearing on a proposed amendment to Article IX, Chapter 2 (Zoning Chapter) of the Municipal Code relating to driveway requirements, the hearing was opened by Mayor Ortuno. The City Clerk presented the Affidavit of Proof of Publication of the Notice of Public Hearing, together with analysis and recommendation for approval of proposed driveway amendment from the Planning Commission. Call to Order Invocation Appvl.Min. 1/7/63 Bid award i -ton picku truck (Russ Davis Ford) Pub.Hrg. re Zone Change to C-2 (E/s Citrus, S of Ghent) Iral Roller Pub.Hrg. Amend.Mun• Code re: Driveway Requirement 210- 0 I 211 The Ordinance provides, therefore, that if an application for a building permit is requested upon an area which is designated on an adopted Master Plan as a future primary or secondary highway, that such building permit shall not be immediately issued, but an investigation shall take place, and if certain facts are found to exist, it may be issued, and if certain facts are found to exist it may not be issued for a certain period of time. The County Ordinance provides a period of time of 6 months whish may be considered a bit long, as a person may lose the opportunity to build or sell for a period of 6 months or 90 days. The time in this Ordinance has been changed to 60 days. There is a change in this Ordinance from the County Ordinance. The County Ordinance provides that initially the question comes before the Building Official, and he may deny the permit. If no substantial hardship is found, the application may be denied. However, if the application is denied under the County Ordinance, the penalty is that the building permit may not be issued for the period of 6 months. This Ordinance is changed from that concept in that the 6 months is changed to 60 days. Under this Ordinance, if the building inspector denies the permit, that denial is permanent and per- petual; unless the applicant appeals to the Planning Commission and if the Planning Commission likewise denies it, the denial is permanent and perpetual unless he appeals to the City Council. In other words, unless a person engaged in two appeals, these previous denials do not run out at the end of 60 days, or 'even 6 months, but are permanent. The entire Ordinance may be invalid if such a provision remains in it, because it is not within the power of the City by merely drawing lines on a map of something that it plans to do in the future, to prevent the use of property without payment of compensation. You may legitimately postpone the issuance of a permit only for a sufficient length of time to permit the City to commence acquisition proceedings and pay the fair price which the Constitution."requires, the provision that you shall not take private property for public use without dust compensation. CITY HALL AZUSA, CALIFORNIA MONDAY, JANUARY 21, 1963 Page Two No written communications having been received and no one in the audience wishing to be heard regarding this matter, it was: Moved by Counc.Memmesheimer,sec.by Counc.McLees & unan.crd.that hrg.be closed. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that the recommendation of the Planning Commission be accepted and that the City Attorney be instructed to prepare the necessary ordinance amending the Municipal Code 'relating to driveway requirements. The hour of 7:30 P.M. being the time set for a public hearing Pub.Hrg. on a proposed amendment to Article IX, Chapter 2 (Zoning amend M.C. Chapter) of the Municipal Code re: provisions for protection re: prov. of Right -of -Way on mapped highways, the hearing was declared for protec opened by Mayor Ortuno. of R/W on Mapped The City Clerk presented the Affidavit of Proof of Publication Highways giving Notice of this hearing, together with an analysis and recommendation from the Planning Commission that the proposed 0 0 mapped highways amendment be approved. The City Attorney stated that he would like to suggest possible modifications to the proposed amendments as the purpose of m such an ordinance is to provide the City with an opportunity to commence condemnation action or otherwise acquire property which is on a Master Plan for future public use but which has not yet been acquired. The Ordinance provides, therefore, that if an application for a building permit is requested upon an area which is designated on an adopted Master Plan as a future primary or secondary highway, that such building permit shall not be immediately issued, but an investigation shall take place, and if certain facts are found to exist, it may be issued, and if certain facts are found to exist it may not be issued for a certain period of time. The County Ordinance provides a period of time of 6 months whish may be considered a bit long, as a person may lose the opportunity to build or sell for a period of 6 months or 90 days. The time in this Ordinance has been changed to 60 days. There is a change in this Ordinance from the County Ordinance. The County Ordinance provides that initially the question comes before the Building Official, and he may deny the permit. If no substantial hardship is found, the application may be denied. However, if the application is denied under the County Ordinance, the penalty is that the building permit may not be issued for the period of 6 months. This Ordinance is changed from that concept in that the 6 months is changed to 60 days. Under this Ordinance, if the building inspector denies the permit, that denial is permanent and per- petual; unless the applicant appeals to the Planning Commission and if the Planning Commission likewise denies it, the denial is permanent and perpetual unless he appeals to the City Council. In other words, unless a person engaged in two appeals, these previous denials do not run out at the end of 60 days, or 'even 6 months, but are permanent. The entire Ordinance may be invalid if such a provision remains in it, because it is not within the power of the City by merely drawing lines on a map of something that it plans to do in the future, to prevent the use of property without payment of compensation. You may legitimately postpone the issuance of a permit only for a sufficient length of time to permit the City to commence acquisition proceedings and pay the fair price which the Constitution."requires, the provision that you shall not take private property for public use without dust compensation. 212. r 1 1 r51 • l n 1 CITY HALL AZUSA, CALIFORNIA MONDAY, JANUARY 21, 1963 It should not be required that a man engaged in two appeals in order to only provide that this delay be for the 60 days or 60 months or 90 days. I think if he agrees, having filed for a building permit, you should not make a man appeal twice in order that the prohibition not be permanent. If 60 days is not enough, make it 90 days --cut the County time in half. I would suggest that the wording of the Ordinance, except for the duration, should conform to the County Ordinance. I suggest one of two things: 1. If the application is to go to the Building Inspector and he denies it, that the Building Inspector so advise Council in writing. 2. Of if desirable for Council to hear these things, have the initial application permit come before Council. 00 Don't make a man go through 3 steps before he goes to the M Coulcil. If the Planning Commission has considered this matter, it does not have to go back to the Commission. If it is a Cn matter they have not considered, it must be sent back to them. Cn Moved by Councilman Memmesheimer, seconded by Councilman McLees and unanimously carried that this matter be referred back to the Planning Commission and that the hearing be continued to the next regular Council meeting. The hour of 7:30 P.M., also being the time set for a public hearing on a proposed amendment to Article IX, Chapter 2 (Zoning Chapter) of the Municipal Code re: Provisions for a Conditional Use Permit procedure in the "W" (Water conser- vation) Zone, the hearing was declared opened by Mayor Ortuno. The City Clerk presented the Affidavit of Proof of Publication of the Notice of Public Hearing, together with an analysis and recommendation from the Planning Commission that the pro- posed "W" (Water Conservation) Zone amendment be approved. The City Attorney stated a variance could still permit gravel operations, or any other operation which is expressly pro- hibited, because the expressed prohibition can be varied as well as any other zoning provision. Mr. Williams further stated that this Ordinance would, however, as a condition to performing any use except water spreading or agriculture, require the City to look at it and grant a permit before it can be engaged in, but that type of permit referred to does not require the same proof as a variance does. Mr. Douglas Day, 332 Bancroft, appeared before Council, asking if the type of variance under discussion would open the door for a gravel or mining operation in the future, to which the City Attorney replied it would have no effect whatsoever in granting the variance. Mr. Martin Offenbecher, 323 W. Channing, appeared before 'Council, asking if this is the same change of zoning as was discussed 21 years ago. The City Attorney explained the problem thusly: The Water conservation zone is a very brief section in the Zoning Ord- inance, and this amendment would apply to those uses which are not gravel excavation or sand production. At present, they can apparently get in automatically, if this amendment is adopted, it would not change the existing situation. 213 Page 3 Pub. Hrg. amend. M.0 re: prov. for Cond. Use per Proced. in "W" Zone 214, _ 215 CITY HALL AZUSA, CALIFORNIA MONDAY, JANUARY 21, 1963 Page 4 No written communications having been received and.no other person in the audience wishing to speak on this matter, it was: Moved by Councilman Jackson, seconded by Councilman Cooney and unanimously carried that the hearing be closed. oved by Councilman Jackson, seconded by Councilman McLees d unanimously carried that the City Attorney be instructed prepare the necessary Ordinance amending the Municipal Code provisions for Conditional Use Permit in "W" (Water Conservation) Zone.. Mr. James Scalo, 321 W. Ashby, appeared before Council and asked the City Attorney that the way the Ordinance now stands, the, mining isnot permitted - just agricultural use. The City Attorney replied it would allow any use other than OCagricultural, other than a use that requires a structure, other Mhan gravel and sand excavation, providing a hearing is held Wand public notice is given, and the City grants a Conditional ,-and Permit. Councilman McLees further explained that this is not a weak- ening of the Ordinance which now exists, but actually it is a strengthening of the Ordinance, as a hearing is required under this amendment. The hour of 8:00 P.M. was set for Protest Hearing on the pro- Protest posed annexation to the City of certain uninhabited territory Hearing re: owned by Mr. M. Lustiger, and a portion of the Ott property, So. Annex. and designated as "Southerly Annexation District #41 (Revised)". Dist. #41 e City Clerk presented the Affidavit of Proof of Publication (Revised) Resolution No. 4421, setting this date and time for the Lustiger & aring of protests on this proposed annexation. part Ott property. There being no protests, either in writing or from anyone in the audience, it was: Moved by Councilman McLees, seconded by Councilman Cooney and unanimously carried that the hearing be closed. A Resolution was prepared declaring that a majority protest Res. 4431-a had not been made against the proposed Southerly Annexation declar. no District No. 41 (Revised), on the Lustiger and part of the maj. protest Ott property. made against So. Annex. Councilman Memmesheimer offered the following Resolution en- #41 (Rev.) titled: Lustiger & part of Ott A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING Property. AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST SOUTHERLY ANNEXATION DISTRICT NO. 41 (REVISED). Moved by Councilman Memmesheimer, seconded by'Councilman Cooney and unanimously carried that further reading be waived. oved by Councilman Memmesheimer, seconded by Councilman Cooney hat the Resolution be adopted. Resolution passed and adopted y the following vote of Council: AYES: Councilmen: Memmesheimer, Cooney, Jackson, McLees, Ortuno NOES: Councilmen: None ABSENT:Councilmen: None and numbered Resolution 4431-a 216 CITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 Councilman Memmesheimer offered for first reading the following Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA-, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED SOUTHERLY ANNEXATION DISTRICT NO. 41 (REVISED) TO THE CITY OF AZUSA. ved by Councilman Memmesheimer, seconded by Councilman Cooney d unanimously carried that further reading be waived. The public hearing re: amendment to Article IX, Chapter 2, (Zoning Chapter) of the Municipal Code relating to provisions for a Deep Lot Zone in "R -lc" zoned areas of the City, was held at the 1/7/63 meeting, at which time said hearing was closed, but further action was tabled to the 1/21/63 meeting, for further study of this amendment by the Council. go Moved by Councilman Memmesheimer, seconded by Councilman Cooney M and unanimously carried that this item be raised from the table. t� The City Clerk submitted a petition he had received, with 40 Cm0 signatures, with the following heading: "Wq the undersigned, residents and property owners of deep lots in the southwest portion of the City of Azusa are opposed to an amendment to Article IX, Chapter 2 (Zoning Chapter) of the Azusa Municipal Code that would allow multiple, single family resi- dences on single lots in this portion of the city. Mr. R. V. Ragan, 201 S. Vernon, presented a petition hearing tP proximately 160 names and addresses in the southwest portion f the City, requesting that the proposed amendment to the oning Chapter of the Municipal Code, relating to residential development in deep lot areas, be adopted. In response to the Mayor's inquiry for any comments on this amendment from the audience, the following persons appeared before Council: in opposition to the proposed amendment: Shirley Friedley, 705 W. Duell Mrs. M. J. Frederick, 667 W. Duell Mrs. Leo Best, 402 S. Virginia Mr. Ken Walker, 1445 N. Sunset Mr. E. M. Russell, 445 S. Aspan Mrs. Leo Best, 402 S. Virginia Page 5 The following person appeared before Council in favor of the pro- posed amendment: Mr. L. W. Clair, 437 S. Aspan Moved by Councilman Memmesheimer that the Council withhold any decision on this amendment for the next couple of weeks, and that no further discussion be entertained from the audience at that time, precluding any more petitions. Motion died for tacic of a second. r. Robert Kesler, 1217 N. Soldano, a member of the Planning Commission, appeared before Council and stated it is very un- fortunate these people did not come to the public hearing before the Planning Commission, as there were primarily no complaints at all. Mr. Kesler said that in order to give each person an equal privilege to build, the Commission resolved at 850 square feet to eliminate the possibility of large families on these rear lots. 217 1st Rdg. Ord. appvg. So. Annex. #41 (Rev.) Lustiger & part of Ott property 218 I '219 CITY HALL AZUSA, CALIFORNIA JANUARY 219 1963 Page 6 Moved by Councilman McLees, seconded by Councilman Cooney that the recommendation of the Planning Commission be accepted. Motion passed by the following vote of Council: AYES: Councilmen: Cooney, Jackson, McLees, Ortuno, NOES: Councilmen: Memmesheimer ABSENT: Councilmen: None Department Heads and the Personnel Board recommend a Step Raise p raise for the following employees: Thomas J. Herp Police Officer to Step 4 Effective 2/16/63 Moved by Councilman Cooney, seconded by Councilman Memmesheimer and unanimously carried that the above step raise be approved. proposal was submitted by H. Zinder and Associates, Incor- Proposal orated, to assist in the recruitment and selection of a new H. Zinder & ity Administrator, for a fee of $590.00; an alternate pro- Assoc. re: �Aosal was also submitted, providing interim services as the recruiting CAdministrative Officer pending the filling of the position on City Admins. C9 permanent basis for a fee of $1,300.00 per month. A communication was received from Gold, Thompson and Company Gold,Thompson Incorporated, requesting the opportunity to submit a quotation req, perm. to for assisting the Council in the recruitment and screening of submit quot. a City Administrator. re: new City Administrator The City Clerk had contacted Mr. Gold and told him he would bring this request to Council for their consideration. communication was received from the Personnel Board requesting Pers. Bd. t further consideration be given to eliminating the cost req. granted the City for the services offered by the two management re: handling consulting firms re: recruiting a new City Administrator by recruiting having the Personnel Department accomplish these services. City Admin. After a short discussion, it was: Moved by Councilman Cooney, seconded by Councilman Jackson and unanimously carried that the recommendation of the Personnel Board be accepted. It was agreed by Council that two City Managers or City Admin- istrators join the oral interviewing board of applicants for the position of City Administrator with the interviews to be held on March 11, 1963, and the salary left open subject to qualifications. The monthly report of the Personnel Board for December was submitted to Council. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that the report be filed. e Treasurers Financial Statement was submitted to Council ovi Total Bank Balances as of December 31, 1962 as 70.. 4.97. Moved by Councilman McLees, seconded by Councilman Cooney and unanimously carried that the financial statement be filed. Pers. Bd. Moly. report Tress. Fin. Statement CITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 The Planning Commission submitted its recommendation for authorization of a contract with the Associated Community Planners to update the Land Use Map which is hanging in the Civ' -1c Auditorium, involving a price of $1,000.00 Moved by Councilman Cooney, seconded by Councilman McLees and unanimously carried that the recommendation of the Planning Commission be accepted. ice was given that the Planning Commission by Resolution 303, recommended that Council determine that an Ice - Skating Rink is a proper use in the "C-3" zone. Moved by Councilman Memmesheimer, seconded by Councilman Jackson and unanimously carried that the recommendation of the Planning Commission be accepted. Notice was also given that the Planning Commission by Resolution QW. 302, recommended"C-3" zoning upon annexation of that major (Wart of Annexation District #47, proposed for an Ice -Skating nk development by Mrs. Duckat; hearing before Council has pp en set for February 4, 1963. Notice was further given that the Planning Commission by Resol- ution No. 304, recommended an amendment to the Zoning Chapter of the Municipal Code providing for increased residential parking requirements; hearing before Council has been set for February 4, 1963. Notice was also given that the Planning Commission, by Resolu- in No. 305, recommended that Council determine that indoor, iature, scale -model, electric automobile racing. Moved by Councilman Cooney, seconded by Councilman McLees and unanimously carried that Resolution No. 305 of the Planning Commission be approved. 221 Page 7 Author. Contr. with Assoc. Community Planners for updating of Land Use Map Res. 303 re: Ice -Skating Rink in C-3 Zone(approved) Res. 302 rec. C-3 zoning upon Annex. (Annex. #47 Duckat) Res. 304 rec. amend. to Zoning Chap. of Code re: incr. res. prkg, require- ments. Res. 305 rec. indoor, min, scale -model auto racing Notice was further given that the Planning Commission, by Res- Res. 306 iniat. olution No. 306 initiated prezoning on the remainder of the pro- prezoning on perty to be included in Annexation No. 47 (frontage on Arrow remainder of Highway to the east of the proposed Ice -Skating Rink) (Duckat Duckat prop. Property). Annex. #47 The City Planner submitted a request for authorization to attend the annual conference of the California Chapter of the American Institute of Planners, to be held February 8 and 9 in Anaheim, with reimbursement of actual expenses not to exceed $40.00 Moved by Councilman Cooney, seconded by Councilman McLees and unanimously carried that the request of the City Planner be approved. The report of the Planning Commission for the month of December, 1962, was submitted to Council. ved by Councilman Memmesheimer, seconded by Councilman McLees d unanimously carried that the report be filed. A communication was received from the Park and Recreation Com- mission of the offical appointment of Mr. Ira Calvert on January 17, 1963 to serve the remainder of the unexpired term of Mr. Edwin R. Brands who recently resigned as a Commission member. Moved by Councilman McLees, seconded by Councilman Jackson and unanimously carried that the recommendation of the Park and Recreation Commission be approved. City Planner to attend Conf. of Calif. Chapt. of Amer. Inst. of Planners 2/8 & 9 in Anaheim with reimb. of expenses. Planning Comm. Mthly report. CITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 A recommendation was submitted by the Park and Recreation Commission that the following representatives be authorized to attend the Annual State Park and Recreation Conference to be held in San Diego, February 17 through 20th, 1963, with actu6l expenses to"be reimbursed: Mrs. Laura D. Jones, Commission Chairman; James R Brusnahan, Park Superintendent; and John R. Dangleis, Recreation Director. Mojby Councilman Jackson, seconded by Councilman McLees an animously carried that the recommendation be approved. A communication was received from the Park and Recreation Commission stating that Mr. Thomas Neff of the United States Forest Service, and specifically of Angeles National Forest presented information to the Commission re: availability of land in the San Gabriel Canyon for recreation purposes. Mr. Neff reported to the Commission that the only suitable land f®o this purpose is 160 acres in the Rincon area which is 'o4%d by the Los Angeles County Flood Control District and is r rted on the market at approximately $10000.00 an acre. T?Commission feels strongly that this land should be set a e for recreation purposes; also, that Mr. Ira Calvert, Commission member, recently appointed be requested to contact officials of the Flood Control District regarding the definite availability price and other particulars on this property. (Moved by Councilman Jackson, seconded by Councilman Cooney and unanimously carried that this matter be tabled until a report is received from the Park and Recreation Commission. 'The report of the Department of Recreation for November and IDe Muber 1962, was submitted to Council. by Councilman Cooney, seconded by Councilman Memmesheimer animously carried that the report be filed. 223 Page 8 Author. granted for Mrs. Jones; Supt. Brusnahan & Rec. Director Dangleis to attend State P&R Conf. in San Diego, 2/17-2/20 Ltr. re: avail. of land in San Gabriel Canyon for recreation purposes. Rec. Dept. Monthly Rept. A letter was received from the Chief of Police, requesting Resig. Police acceptance of the resignation of Police Officer Larry E. Officer L. E. Maxson, effective January 27, 1963, with the recommendation Maxson effect. that Police Officer Maxson's name be placed on the Eligibility 1/27/63 List for reemployment. Moved by Councilman Memmesheimer, and unanimously carried that the L. E. Maxson be accepted and that eligibility list as requested. A communication was received from Council to accept the resignation of Michael Curtis, as of 1/1/63. requested approval of a leave of exceed one year for Reserve Corps seconded by Councilman Cooney resignation of Police Officer his name be placed on the m the Chief of Police, requesting from the Police Reserve Corps Police Chief Kendrick also absence for a period not to Officer E. G. Watts. 'Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that the resignation of Police Reserve Officer Curtis be accepted. M�d by Councilman Memmesheimer, seconded by Councilman Cooney a. unanimously carried that the request for leave of absence be'granted to Police Reserve Officer Watts. A further communication was received from the Chief of Police, requesting authorization to increase the salary complement in the Police Department by adding the position of Clerk -Trainee thereto for the balance of the fiscal year, as there appears to be sufficient funds budgeted to cover this additional posi- tion. Resig. Pol. Reserve Offic. Curtis as of 1/1/63 Lv. of Absence granted to Pol.Res.Off. E. G. Watts P.D. complem. be .iner. by addition.of Clerk -trainee bal. of Fiscal year. - 224, IITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 ioved by Councilman Memmesheimer, seconded by Councilman Cooney ,nd ungnimously carried that the salary complement of the Police )apartment be increased to include a Clerk -Trainee for the �alanoo of the fiscal year. F written request was received from Police Chief Kendrick for authorization to purchase IBM dictating equipment, totaling ;2,.80, which will reduce reporting time for crime reports. lov by Councilman Jackson, seconded by Councilman Memmesheimer and nanimously carried that the Chief of Police be authorized ;o purchase dictating equipment as'requested. � recommendation was received from the City Engineer that Council iccept the Final Map and Title Sheet for Tract 27825, and that Luthorization be granted for signing of the Title Sheet and :xecution of the Subdivision Agreement. >f110Councilman Memmesheimer, seconded by Councilman Cooney nanimously carried that the recommendation and request a City Engineer be approved. 'h=City Engineer submitted three alternatives for water service 2ethod for Tentative Tract 27839, which lies on the west side ?f Azusa Avenue about 600 feet north of Arrow Highway and envisions a 17 lot apartment house subdivision plus an approxi- '�ate 5 acre commercial development for a total of 10 acres. lfter discussion, it was moved by Councilman Cooney, seconded )y Councilman Jackson and unanimously carried that recommends - ion No. 2 be accepted, namely that the City extend a 12" main long the West side of Azusa Avenue to Arrow Highway at a os of approximately $23,000.00 and that the developer be ha d for an 8" water main to cost approximately $4,000.00, h y making the City's share of the cost approximately 19,000.00 proposed gravel excavation, the City Engineer submitted proposal from John Toups, Consulting Civil Engineer for out - de engineering advice in order to provide Mr. Ed Taylor, the ty's special water Counsel, with needed technical information ved by Councilman Cooney, seconded by Councilman Memmesheimer d unanimously carried that the proposal from Mr. Toups be rwarded to Mr. Glen Watson, inquiring whether or not he shes to pay the fee for the services. he City Engineer submitted a request for acceptance of a oad easement on property at 5th Street and Cerritos Avenue, xecuted by W. J. & S. J. Schlange. Resolution was presented accepting this grant of easement P road purposes. McLees offered the following Resolution entitled: A R SOLUTION OF THE AmaTAIN GRANT OF ; Moi by Councilman unanimously carried oved by Councilman the Resolution be a, CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING EASEMENT AND DIRECTING THE RECORDING THEREOF. McLees, seconded by Councilman Cooney and that further reading be waived. McLees, seconded by Councilman Cooney that 3opted by the following vote of the Council: YES: Councilmen: OES: Councilmen: SENT: Councilmen: Memmesheimer,Cooney,Jackson,MeLees, Ortuno None None and numbered Resolution No. 4432 225 Page 9 P.D. author. to purch. dictating equip. Author. for accepting Final, Map of Tr. 27825 & . exec. Subdiv. Agreement Re: Tr. 27839 City to extend 12" main & charge dev. for 9" main Proposal from John Toups for spec. outside engr. advice re: prop. gravel excay. Res. 4432 accepting Gr. easement for road purposes. (Schlange) 226 CITY - HALL AZUSA, CALIFORNIA JANUARY 21, 1963 The City Engineer submitted appraisal proposals from American Right of Way and Appraisal Contractors, Incorporated and Don W-. Smith, Real Estate Appraiser, re: Appraisals for the exten- sion of Cerritos Avenue between 9th Street and Sierra Madre Avenue through areas owned by four different companies neces- sary to be contacted. Moved by Councilman Cooney, seconded by Councilman Memmesheimer d unanimously carried that the appraisal proposal of American ght of Way and Appraisal Contractors, Incorporated the low adder with a fee of $1125.00 be accepted. . Page 10 A request was received from the Superintendent of Public Works, Brusnahan, for the waiving of bid requirements for (a) street maintenance work and (b) purchase of plastic material for striping on the State Highways. The Public Works Department has been working with the State Division of Highways to resurface Azusa Avenue from 4th Street to Foothill Boulevard, and approval OMas now been given to the City to-do this work and bill the estate Highway Department; materials will be furnished under 'contract previously bid to the City. As bidding would be gmpractical, because this operation is franchised and there mis but one operator, it is requested that the Council waive provision of the Municipal Code requiring bids for contract for G. L. Payne Company for approximately $3,500.00 for "Remix and Resurfacing' work. As Traffic Appliance Corporation being the sole source for the furnishing of Thermo -Plastic Material for crosswalk mark- ings on State Highways, and has the approval of the State Highway Department and to be done at State expense, it is requested that Council waive bidding requirements and authorize e issuance of a purchase order for approximately $9,500.00 r 162000 lbs. of this material. Moved by Councilman Jackson, seconded by Councilman Memmesheimer and unanimously carried that in order to promote public welfare, bidding requirements on the above two items be waived as requested. A Resolution was presented authorizing an Up and Down Light Agreement between the City and Frank Tornatore, for a building at 651 E. Arrow Highway Councilman Memmesheimer offered the following Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AGREEMENT FOR ELECTRICAL DISTRIBUTION FACIILITES AND ENERGY BETWEEN THE CITY OF AZUSA AND FRANK TORNATORE AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAME. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. 227 Appraisal Proposal of Amer. R/W & Appr. Contra. be accepted re: exten- sion of Cerritos btw. 9th & Sierra Madre Ave. Bidding Requirements waived for purch. of plastic material & street maint. work, req.by Pub.Wks.Dept. Res. 4433 Up & Down Light Agmt. (Frank Tornatore) Moved by Councilman Memmesheimer, seconded by Councilman Cooney that the Resolution be adopted. Resolution passed and adopted 0y„ the following vote of Council: YES: Councilmen: Memmesheimer, Cooney, Jackson, McLees,Ortuno OES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution No. 4433• (see over) 228 A Resolution was presented authorizing a Special Light Agreement Res.4434 regarding Economet, Inc., 1033 West Kirkwall Road. Sp.Lt.Agmt. Economet, Councilman Memmesheimer offered the following Resolution entitled: Inc. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AGREEMENT FOR ELECTRICAL DISTRIBUTION FACILITIES AND ENERGY - BETWEEN THE CITY OF''AZUSA AND ECONOMET, INC. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. .' _... . Moved by Councilman Memmesheimer, seconded by Councilman Cooney that the Resolution be adopted. Resolution passed and adopted': ' by the following vote of Council: AYES: Councilmen: Memmesheimer.,,Cooney, Jackson, McLees,".Ortuno NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution No. 4434. 0 CITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 A Resolution was prepared approving a Consumer's Agreement and application for installation of water main between the C;ty and Mr. Harry Klinder, to property at the Northwest corner of 12th Street and San Gabriel Avenue. Councilman Memmesheimer offered the following Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROV- G AGREEMENT FOR AND APPLICATION FOR INSTALLATION OF WATER .•..,IN BETWEEN THE CITY OF AZUSA AND MR. HARRY KLINDER AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAME. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. 'loved by Councilman Memmesheimer, seconded by Councilman Mooney that the Resolution be adopted. Resolution passed Land adopted by the following vote of Council: EYES: Councilmen: Memmesheimer,Cooney,Jackson,MeLees,Ortuno NOES: Councilmen: None ABSENT: Councilmen: None A communication was received from Superintendent of Light and Water Smith requesting permission for appointment of Mrs. Irene Klin, #1 on the eligibility list, as Probationary CLshier Clerk at Step #1, effective 1/18/63. Moved by Councilman McLees, seconded by Councilman Jackson, 1 d unanimously carried that the request of Superintendent of ght and Water Smith be granted. Councilman Memmesheimer offered for second reading the follow- ing Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPEAL- ING CERTAIN SECTIONS OF THE AZUSA MUNICIPAL CODE RELATING TO AUTO TRAILER CAMPS. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. Moved by Councilman Memmesheimer, seconded by Councilman Cooney that the Ordinance be adopted. Ordinance passed and adopted by the following vote of Council: AYES: Councilmen: Memmesheimer,Cooney,Jackson,McLees,Ortuno NOES: Councilmen: None ABSENT: Councilmen: None and numbered Ordinance 726 An Ordinance was presented, amending the Municipal Code to rezone the land known as the Ott property to C-2 upon Annexa- tion (Annex: No. 46) �uncilman Memmesheimer offered for first reading the follow - g Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE TO REZONE CERTAIN PROPERTY. (Annexa- tion No. 46 - Ott) 229 Page 11 Res. 4435 appvg. Con. Agmt. re: water main (H. Klinder) Appt. Mrs. Irene Klin Prob. Cashier Clerk 1/18/63 Ord. 726 re: Auto Trailer Camps 1st Rd. Ord. rezoning Ott, prop.to C-2 (Annex. #46) 231 CITY HALL AZUSA, CALIFORNIA. JANUARY 21, 1963 Page 12 Moved by Councilman Memmesheimer, seconded by Councilman McLees and unanimously carried that further reading be waived. An Ordinance was presented, rezoning Stone's property to "P': 1st Rd.Ord. rezoning Councilman Memmesheimer offered for first reading the follow- Stone's ing Ordinance entitled: Prop.to "P" OF THE CITY COUNCIL OF THE CITY OF AZUSA AMEND - ttORDINANCE G THE AZUSA MUNICIPAL CODE TO REZONE'CERTAIN PROPERTY. ,one) Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. An Ordinance was presented rezoning Klinder's property to "R-3". 1st Rdg. Ord. rezoning Councilman Memmesheimer offered for first reading the follow- Klinder's Going Ordinance entitled: Rroperty to M 'R-3" t'vAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMEND- �m NG THE AZUSA MUNICIPAL CODE TO REZONE CERTAIN PROPERTY. CO(Klinder) Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that further reading be waived. A Resolution was presented, appointing James Miller as Acting Res. 4436 City Administrator. appt. James Miller as Councilman Memmesheimer offered the following Resolution Acting City entitled: Administrator RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINT - G JAMES MILLER AS ACTING CITY ADMINISTRATOR AND FIXING HIS COMPENSATION AND OTHER TERMS OF EMPLOYMENT. Moved by Councilman Memmesheimer, seconded by Councilman Jackson and unanimously carried that further reading be waived. Moved by Councilman Memmesheimer, seconded by Councilman Jackson that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Memmesheimer,Cooney,Jackson,McLees,Ortuno NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution No. 4436 The City Clerk submitted departmental monthly reports. Department Moly.Reports. Moved by Councilman Cooney, seconded by Councilman Jackson and unanimously carried that these reports be filed. The report of the former City Administrator re: Rip's property Condemnation consisting of 3 lots on the West side of Alameda Avenue was proceed. to tabled from the 1/7/63 meeting be inst. on Rip's prop. oved by Councilman McLees, seconded by Councilman Memmesheimer Ind unanimously carried that this item be lifted from the table. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that in view of the fact that further negotiation is of no value, condemnation proceedings be insti- tuted on these 3 lots. 2 3'2, CITY HALL AZUSA, CALIFORNIA JANUARY 21, 1963 The Quarterly Report of Visiting Nurse Association of Azusa was submitted to Council. Moved by Councilman Memmesheimer, seconded by Councilman Cooney and unanimously carried that this report be filed. The City Clerk brought to the Council's attention that although Confo' returned the $18.00 license fee to Mrs. Gladys fu ckmaster, action was never taken to revoke this business cense for her Swap Shop at 503 N. Azusa Avenue, which is operating in violation of the Zoning Ordinance. Moved by Councilman Jackson, seconded by Councilman Cooney and unanimously carried that said business license be revoked, due to an error in the license. Councilman Jackson brought to the Council 's attention the evaluation report of City Engineer Lawrence, which would bring him to permanent status, had not been turned in. CD M Moved by Councilman Cooney, seconded by Councilman Jackson t" and unanimously carried that City Engineer Lawrence be Cn placed on permanent status as of 1/1/63. 00 The City Clerk stated that a verified claim for damages sustained by Geraldine Kinsey had been received at his office. Moved by Councilman Jackson, seconded by Councilman Memmesheimer and unanimously carried that this claim be referred to the City's insurance carrier, with instructions that they advise City of action to be taken by Council. he City Clerk submitted a release in full for damages from ollision by Juan Guzman with City pick-up truck in the amount f $144.80 and asked Council's wishes regarding the acceptance of this amount. Moved by Councilman Cooney, seconded by Councilman Memmesheimer and unanimously carried that the City Clerk be authorized to sign the release. Mayor Ortuno reported that the Audit Report of the Azusa Agricultural Water Companyshowed a net profit for 1962 of $7,563.00 as compared to $1,469.00 for the previous year. Councilman Memmesheimer offered the following Resolution entitled: A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF AZUSA ALLOW- ING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Moved by Councilman Memmesheimer, seconded by Councilman Cooney that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: YES: Councilmen: Memmesheimer,Cooney,Jackson,McLees,Ortuno YES: Councilmen: None BSENT: Councilmen: None and numbered Resolution 4437. Page 13 Qrtly Report of Visit. Nurse Assn. Bus.License of Gladys Buckmaster revoked City Engr. Lawrence on permanent status as of 1/1/63 Claim of G. Kinsey referred to insurance carrier Release re: collision by J. Guzman with City Pick-up truck Audit Rept. of Azusa Agriculture Water Co. Res. 4437 Bills & Reqs. Moved by Councilman Cooney, seconded by Councilman Jackson Adjourn and unanimously carried that the meeting adjourn. Time of Adjournment: 11:03 P.M. y erc 234