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HomeMy WebLinkAboutMinutes - April 21, 1969 - CC1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 The City Council of the City of Azusa met in regular session at the above time and place. Mayor Solem called the meeting to order and led in the salute to the flag. Invocation was given by Rev. Albert J. Duggan of St. Frances of Rome R. C. Church. Present at Roll Call: Councilmen: Rubiq, Decker, Cooney, Calvert, Solem Also Present: City Attorney Terzian, City Administrator Foxworthy, Director of Public Works Sandwick, Director of Utilities Marron, Police Chief Elkins, Fire Chief Torrance, Planning Direc- tor Smith, City Clerk Klarr Minutes of the meeting of April 7, 1969, were approved with the following correction by the Mayor: on page 8, 4th paragraph from the bottom, re: Claim against the City, the word "against" was misspelled. The City Clerk announced that bids were opened'in the office of the City Clerk at 10:00 a.m, on Thursday, April 17, 1969, for the construction of a Water Main between Reser- voir No. 1 and Water Well No. 3 (Project No. 467). Present at the bid opening were City Administrator Foxworthy, Director of Public Works Sandwick, Director of;Utilities Marron, and City Clerk Klarr. The City Clerk presented the Affidavit of Publication of the Notice Inviting Bids. Seven (7) bids were submitted as follows: Contractor Robert G. Castongia, Inc. Rogers and Davies Bebek Corporation Ace Pipeline Company Rex W. Murphy Hood Corporation Salata, Inc. Total Amount Bid $ 71,350.00 77,684.00 78,725.36 79,023.00 82,195.00 83,192.98 87,426.71 � z The Director of Public Works and Director of Utilities sub- mitted a memo recommending that the contract be awarded to Robert G. Castongia, Inc., for the unit prices submitted. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried by roll call to accept the recommen- dation and award the bid to Robert G. Castongia, Inc., low bidder ($71,350), and to return bid securities to unsuccessful bidders after the contract has been signed. The hour of 7:30 p.m. being the time set for a public hearing on amendment to Sections 9230.80 and 9230.81 of the Munici- 'ple Code (Zoning Chapter) re: Precise Plan of Design, Pur- pose and When Required, recommended by Planning Commission Resolution #784 (Planning Commission initiated), the Mayor declared the hearing open. The City Clerk presented the Affidavit of Proof of Publi- cation of the Notice of Public Hearing, published on 4/2/69 in the Azusa Herald'and Pomotropic, and a commun- ication from the Planning Director which stated the Director of Public Works suggested to the Planning Commis- sion that, because of the damage which was caused by the floods in the northerly portions of the City, no building permits should be issued for this area until it has been deemed safe from future storm damage; also that the only 7:30 p.m. Call to Order Invocation Min.4/7/69 appvd. as corrected Bids on const. Water Main bet.Reserv. No.l & Water Well No -3 (Proj.467) (awarded to Robt. G. Castongia,Inc.' Pub.Hrg. on amend. Secs. 9230.80 and 9230.81 of M.C. re: Precise Plan of Design,etc. (cont. to 5/5/69) AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 way the Planning Commission could legally review these permits for safety was through a temporary revision of the Precise Plan of Design Ordinance, so as to cause all building permits issued in the area east of San Gabriel Avenue and north of 11th Street to be required to file a Precise Plan of Design: In the future, when debris basins and/or other methods have been constructed to prevent future mud or water damage, this proposed Ordinance should be repealed. After some discussion among Council Members, Planning Director, and Director of Public Works, it was felt that there may be a better method of achieving safe building standards in areas of the City that would be most affected by a flood. Moved by Councilman Cooney, seconded by Councilman Rubio and unanimously carried to continue the hearing to 5/5/69 at 7:30 p.m., and refer to City Administrator, Director of Public Works, Planning Director, and Building Inspector, to check for alternatives and report back to Council. The time of 7:30 p.m. also being the time set for a Public Hearing on the revocation of a Cafe Entertainment Permit, per Demand filed by Diana DiLiberto, dba The Bunny Run, located at 633 East Foothill Blvd., pursuant to action by the Chief of Police whereby the above was found in viola- tion of Ordinance No. 942 through showing of obscene films and other violations of the regulations of that Ordinance, the Mayor declared the hearing open. Mr. Herbert Blitz, Attorney for Mrs. DiLiberto, with offices at 608 South Hill Street, Los Angeles, addressed ' the Council, suggesting that a subcommittee be appointed to take testimony and depositions. He further stated that he had been informed there were additional grounds for the action of revocation which had not been included in the letter from the Chief of Police and would be introduced by the Chief during the hearing. Therefore, he requested that he be given additional time to be informed of the specific additional grounds and to prepare for them. He suggested the date of May 8, 1969, as a possible date for the subcommittee to hear testimony. After some discussion, it was determined that the Attorney for Mrs. DiLiberto had the films in question present and would be willing to show them at this time. The question of the advisability of delaying action was raised and it was suggested that, if the films were present, they may proceed with presentation of the films immediately. However, in further discussion, it was indicated that due to the possible nature of such films and the presence in the audience of minors who could not be lawfully excluded from a public meeting, it was suggested that a subcommittee of two Council- men be appointed to view the films in question and make a finding to the City Council at a later date. At such a committee meeting, inasmuch as fewer than a quorum of ' Councilmen would be present, minors could be excluded. The date of May 1, 1969, was proposed and agreed to by Mr. Blitz. This would allow the subcommittee to view the films and return a finding to the Council at its next regular meeting on May -5, 1969. Moved by Councilman Cooney, seconded by Councilman Calvert that the Mayor be authorized to appoint a subcommittee to hear evidence and report back to Council at its meeting on May 5, 1969. Motion carried by the following vote of Council: Page 2 Pub.Hrg.on Revocation of Cafe Enter- tainment Permit (Diana DiLiberto dba The Bunny Run) Mayor auth.to appt.subcom. to hear eviden & rept.back to Cnc1.5/5/69 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 3 AYES: Councilmen; Rubio, Cooney, Calvert, Solem NOES: Councilmen: Decker ABSENT: Councilmeno None Attorney Blitz stated that the permittee and one other person appointed by the permittee would be present at this sub- committee meeting., which would probably last 22 hours. Mayor Solem appointed Councilmen Rubio and Calvert to Mayor appt'd ' serve on said subcommittee., which will have its meeting on Cnclm.Rubio & 5/l/69 at 7:30 p.m., in the Azusa Library Auditorium. Calvert to Subcomm.@ its Moved by Councilman Calvert, seconded by Councilman Cooney mtg.5/1/69, to continue the public hearing on the revocation of the 7.30 p.m.Lib. Cafe Entertainment Permit to 5/5/'69 at 7:30 p.m., when Aud. further testimony will be heard. Motion carried by the following vote of Council: Hrg.Cont.to 5/5/69 AYES: Councilmen; Rubio, Cooney, Calvert., Solem NOES: Councilmen: Decker ABSENT: Councilmen: None The time of 7:30 p.m. also being the time set for a Public Pub.Hrg. on Hearing on the revocation of Cafe Entertainment Permit., revocation per Demand filed by Joseph L. Matuck, dba Pepe's., located of Entertain. at 718 North San Gabriel Avenue, pursuant to action by the Permit (Jos. Chief of Police whereby the above was found in violation L. Matuck dba of Ordinance #942 through showing of obscene films and Pepe's) other violations of the regulations of that Ordinance, the Mayor declared the hearing open. Joseph L. Matuck, whose business address is 718 North San ' Gabriel Avenue, addressed Council and stated his attorney has asked for a continuance of this hearing. The City Attorney stated Council could have both cases heard by the subcommittee on May 15 1969, and it is his intention to prepare the written findings of fact., to be presented at the continuance of the hearings. Moved by Councilman Cooney, seconded by Councilman Calvert Subcommittee that this matter be heard by the subcommittee on 5/1/69, at to hear evi- 7:30 p.m., at the Library Auditorium, and report back to dence on Council, and that this hearing be continued to 5/5/69 at 5/l/69 & rpt. 7:30 p.m. Motion carried by the following vote of Council: to Cnel. AYES: Councilmen: Rubio, Cooney., Calvert., Solem NOES: Councilmen- Decker ABSENT: Councilmen; None The hour of 7;30 p.m. also being the time set for the con- tinued Public Hearing on an appeal from denial of a Variance by Planning Commission Resolution No. 780 (Case V-225 - Mobil Oil Corp.) to construct a 280 sq. ft. sign, 70 ft. high, in the Freeway Service Zone, at 229 South Azusa Avenue, the Mayor declared the hearing open. The City Clerk presented a communication from T. W. Atkinson, Real Estate Representative of Mobil 011 Corporation, in which they requested a further continuance of the hearing to allow study by the Planning Commission of alternative methods for freeway identification of businesses within the Freeway Service Zone. Moved by Councilman. Cooney.,seconded by Councilman Calvert and unanimously carried to continue the hearing to 5/19/69 at 7:30 p.m. Hrg. cont. to 5/5/69 Cont.Pub.Hrg. re: appeal from denial of Var.(Case V-225 - Mobil Oil Corp.) (cant. to 51/19/69) AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 4 A Resolution was presented, consenting to the appointment of Mrs. Virginia Memmesheimer to the Board of Library Trus- tees for the balance of the term expiring 6/30/70. Councilman Cooney offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE APPOINTMENT OF MRS. VIRGINIA MEMME- 'SHEIMER TO THE BOARD OF LIBRARY TRUSTEES. Moved by Councilman Cooney, seconded by Councilman Calvert and unanimously carried that further reading be waived. Moved by Councilman Cooney, seconded by Councilman Calvert that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES; Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5560. The City Clerk presented a petition, containing 69 signa- Petition req. tures, requesting better traffic control at the corner of better traffic Fondale Street and Cerritos Avenue, plus a report from control at the Director of Public Works recommending that Council refer cor.Fondale & the matter to the Chief of Police and Director of Public Cerritos Works for a complete study and report, as he feels that this (referred to situation warrants full investigation. Pol.Ch. & Dir.P.W.for Moved by Councilman Calvert, seconded by Councilman Decker study & rpt.) and unanimously carried to accept the recommendation of the Director of Public Works. 'The City Clerk presented a claim against the City by Beulah Claim re: M. Boardman re: alleged property damage from auto accident propty.damage with City Street Sweeper, on 4/2/69. from auto acc. with Street Moved by Councilman Cooney, seconded by Councilman Rubio Sweeper and unanimously carried to deny the claim and refer it to City's insurance carriers. The City Clerk presented a communication from F. W. Markman, Req.by F.W. 922 Edie Drive, Duarte, to various Foothill Cities and Markman that County Supervisor Bonelli, suggesting participation in the Foothilll building of check dams in the San Gabriel River for recrea- Cities partic. tional purposes. in bldg.check dams for recre� Moved by Councilman Cooney, seconded by Councilman Calvert purposes and unanimously carried to authorize the City Administrator to notify Mr. Markman that jurisdiction of the San Gabriel River rests with the U. S. Army Corps of Engineers. A request was received from the American Legion Auxiliary American Leg. in Azusa for permission to sell poppies to the public on Aux.to sell May 23rd and 24th, 1969. poppies on 5/23 & 24 Moved by Councilman Calvert, seconded by Councilman Cooney ' and unanimously carried to grant the request. Notice was received from the Alcoholic Beverage Control of ABC Notice a Person -to -Person transfer of On -Sale Beer (food) License of trans. from D. A. Beeson and W. E. Kendall to D. A. Beeson (dropping On -Sale Beer the one partner), for premises located at 1044 West Gladstone (food)Lic.to Street, known as "E -Gee's". D.A.Beeson Moved by Councilman Cooney, seconded by Councilman Decker (E -Gee's) and unanimously carried to file. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 213 1969 The City Clerk presented a communication from the Police and Fire Association, requesting Council's review and answer to the following item: Clarification on "bargain- ing and with whom"; plus a list of the names and addresses of the current Board of Directors of said Association. Police Officer James R. Albert, 1209 Canyon View Drive, La Verne, addressed Council on behalf of the Police and ' Fire Association, requesting clarification re: discussion of salaries and fringe benefits, as to time and meeting place for such discussion, and with whom. 1 1 The Mayor informed Officer Albert that they should meet directly with Mr. Foxworthy, City Administrator, for the time being. Officer Albert announced that he will be the representative from the Police Department and that Captain Talbott will represent the Fire Department. He also requested that the safety members meet separately from the other City employees for this discussion because of the job classifications. After discussion with the City Attorney as to the inter- pretation of the Civil Service Ordinance, the Mayor told Officer Albert that the City Administrator will contact the Police and Fire Association to set up a time and place for discussion, as requested. The City Clerk notified Council of receipt of a note from Mrs. Blanche Wolfe in expression of gratitude for flowers sent on behalf of Council upon the passing of her husband, former employee Art Wolfe. The Mayor requested that the note be posted on the Bulletin Board. The City Clerk requested authorization to sign release of all claims against Michael K. Fettkether re: accident with City vehicle on 3/13/69, whereupon the City will receive $175.98• Moved by Councilman Cooney, seconded by Councilman Calvert and unanimously carried to grant request and to send letter to Mr. Fettkether's insurance company with the stipulation that the release is not effective until the money is received by the City. The City Treasurer's Financial Statement was submitted, showing a balance of $1,311,538.70 as of March 31, 1969. Moved by Councilman Cooney, seconded by Councilman Rubio and unanimously carried to file Statement. Notice was given that the Planning Commission, by Resolu- tion No. 789, conditionally granted a Conditional Use Permit to construct an automobile service station at 877 East Alosta Avenue (Case C-88 -Azusa Foothill Citrus Co., owner - Shell Oil Co., applicant). No action by Council. Notice was also given that the Planning Commission, by Resolution #790, conditionally granted a Variance for reduction of distance required for accessory buildings from 10 ft. to 6 ft. 6 inches, on property at 549 East 5th Street ( Case V-226 - Mike C. Ramirez). No action by Council. Page 5 Req.by Pol. & Fire Assn. for clarifi- cation on "bargaining & with whom" (C.Adm.to contact Assn. re:time & place for discussion) Thank -You note reed. for flowers sent upon passing of Art Wolfe Auth.to sign Release of claim re: acc.(M.K. Fettkether) City Treas. Fin.Statement P.C.Res.789 grntg.CUP (C-88 -Shell Oil & Az.Foot. Citrus Co.) P.C.Res.#790 grntg. Var. (Case V-226 - M.C.Ramirez) Notice was also given that the Planning Commission, by P.C.Res.#791 Resolution #791, recommended an amendment to Sections 9231.21 amend.M.C.re: (b), 9231.27, and 9232.80 of the Municipal Code re: Filing Filing &Appea: and Appeal Fees; hearing before Council has been set for Fees(hrg . 5/5/6( 5/5/69 at 7:30 p.m. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 6 Notice was further given that the Planning Commission, by P.C.Res.#792 Resolution #792, recommended an amendment to Section 9230-51(b)Amend M.C.re: of the Azusa Municipal Code re: Double -Car Garage Require- Double -Car ments; hearing before Council has been set for 5/5/69 at Garage Require 7:30 p.m. (Hrg•5/5/ 9) An Ordinance was presented for second reading and adoption, Ord.#966 amending the Municipal Code to rezone certain property from amending M.C. R -3a to M-1 (Case Z-154 - Avery Label Co.). to rezone prof to M-1 (Z-154- Councilman Calvert offered for adoption the Ordinance Avery Label) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE TO REZONE CERTAIN PROPERTY (Z-154 - AVERY LABEL COMPANY). Moved by Councilman Calvert, seconded by Councilman Cooney and unanimously carried by roll call that further reading be waived. Moved by Councilman Calvert, seconded by Councilman Cooney that the Ordinance be adopted. Ordinance passed and adopted by the following vote of Council: AYES: Councilmen: Cooney, Calvert, Solem NOES: Councilmen: Rubio, Decker ABSENT: Councilmen: None and numbered Ordinance 966. An Ordinance was presented for introductory first reading, 1st intro.rdg amending Sections 9230.71(b), paragraph 5 (f), and Ord.amend.Sec; 9221.20(a) of the Municipal Code re: Signs in Freeway 9230.71(b) Service Zone and Adjacent to Freeways. para. 5 (fJ,& '9221.20(a)re: Councilman Decker offered for introductory first reading Signs in Fwy. an Ordinance entitled: Serv.Zone & Adj.to Fwys. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE RELATING TO SIGNS IN THE FREEWAY SERVICE ZONE AND ADJACENT TO FREEWAYS. Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried by roll call that further reading be waived. A Resolution was presented, denying a Conditional Use Res -k5561 Permit (C-84 - Johnson, et al.). denying CUP (c-84 - Councilman Decker offered the Resolution entitled: Johnson et al A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT (Johnson, Jiminez, Hirota and Noriega). Moved by Councilman Decker, -,seconded by Councilman Rubio and unanimously carried that further reading be waived. Moved by Councilman Decker, seconded by Councilman Rubio that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Solem NOES: Councilmen: Calvert ABSENT: Councilmen: None and numbered Resolution 5561. A Resolution was presented, denying zone change from R -lc Res -#5562 to C-2 (Case Z-153 - Johnson, et al.). denying zone chng.from R-1, Councilman Cooney offered the Resolution entitled: to C -2(Z-153 Johnson, et a. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING A CHANGE OF ZONE (Johnson, Jiminez, Hirota and Noriega). Moved by Councilman Cooney, seconded by Councilman Decker and unanimously carried that further reading be waived. Moved by Councilman Cooney, seconded by Councilman Decker that the Resolution be adopted. Resolution passed and ' adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Solem NOES: Councilmen: Calvert ABSENT: Councilmen: None and numbered Resolution 5562. A Resolution was presented, amending the complement in Res -#5563 the Public Works Department by reducing Civil Engineer amend.Res. Associates from 2 to 1, and increasing Civil Engineering ¢#4693 re: Assistants from 1 to 2. P.W.Dept. complement Councilman Calvert offered the Resolution entitled: by reducing Civ.Engr.Assoc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA from 2 to 1, 8 AMENDING RESOLUTION NO. 4693 RELATING TO THE TABLE OF increas.Civ. ORGANIZATION, COMPENSATION AND CLASSIFICATION SCHEDULES Engr.Assts.frc OF THE PUBLIC WORKS DEPARTMENT AND AMENDING EXHIBIT 1 to 2 "A" ATTACHED THERETO EFFECTIVE APRIL 21, 1969. Moved by Councilman Calvert, seconded by Councilman Cooney and unanimously carried that further reading be waived. Moved by Councilman Calvert, seconded by Councilman Cooney 'that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5563. A Resolution was presented, establishing a new Schedule "M" Res 45564 amen (Municipal Service) rate for electrical service applying Res. 3874 by only to the various City Departments, at 1.5¢ per kwhr, with estab.new SchE $1.00 minimum charge, effective 5/1/69. M rate for el( serv. to City Councilman Calvert offered the Resolution entitled: Depts.,effec. 5/1/69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 3874 RELATING TO ESTABLISHMENT OF ELECTRIC RATE SCHEDULES AND ADOPTION OF RULES AND REGULATIONS FOR THE OPERATION OF THE LIGHT AND POWER DEPARTMENT, EFFECTIVE MAY 11 1969. Moved by Councilman Calvert, seconded by Councilman Cooney and unanimously carried that further reading be waived. Moved by Councilman Calvert, seconded by Councilman Cooney that the Resolution be adopted. Resolution passed and 'adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5564. Upon request of the Council on 4/7/69, the City Attorney Atty.'s rpt. gave his report on the application by the attorney for re:applica- claimant, John S. Gentry, a minor, for leave to present a tion to waive claim against the City after the 100th day from the date of amount of dayc the accrual of the cause of action, predicated upon Sec. within which 911.6 of the Government Code. After review of the applica- to bring a tion and the claim for alleged personal injury at the Claim P.S. school crossing at Citrus Avenue and Gladstone Street on Gentry) AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 8 11/18/68, it was the recommendation of the City Attorney that Council grant the application to file this late claim. Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried that the application to file a late claim be granted; that the claim be received and denied, and referred to the City's insurance carriers. The City Attorney requested that the City join in an amicus Auth.payment brief in the case Bishop vs. City of San Jose, re: wage of $50 max.for rates for electricians, prepared by Mr. Erickson, with sharing cost various cities to share in the cost of preparing the brief of printing at a cost of not more than $50 each. brief & City's name appear as Moved by Councilman Calvert, seconded by Councilman Decker amicus(Bishop and unanimously carried by roll call to authorize payment vs.City of of $50 maximum for sharing cost of printing the brief, and San Jose re: have the City's name appear as amicus. wage rates for electricians) The City Attorney notified Council of receipt of a commun- ication from Thomas C. Lynch, Attorney General, which Req.to join stated'his office is preparing to file a treble damage in treble civil antitrust action against certain manufacturers of damage civil asphaltic petroleum products used in road building and road anti-trust maintenance. The City was asked to participate in the suit vs.mfgrs. State's suit if purchases over an 11 -year period exceed of asphaltic 3500 tons. Should the City elect to be represented by the petroleum prod Attorney General's Office, a Resolution must be passed be- used in road fore May 16, 1969, authorizing them to conduct legal pro- bldg.& maint. ceedings in the City's behalf. (referred to C.Adm.& Dir.of Moved by Councilman Calvert, seconded by Councilman Decker P.W.for rpt.on and unanimously carried to refer the request to the Director 5/5/69) of Public Works and City Administrator for report at the 5/5/69 meeting. The monthly reports from Departments, Boards, and Com- Monthly missions were presented by the City Administrator. Reports Moved by Councilman Rubio, seconded by Councilman Cooney and unanimously carried to file the reports. The City Administrator presented a request by the Police Auth.attend. Chief for Sgt. Lawrence Trujillo to attend the Vice Control Vice Control Institute at California State College, Los Angeles, on Inst.,QCal. four successive Saturdays (May 3, 103 17, and 24), and State,L.A.,& authorizing payment of $18 enrollment fee. payment of $lE enrollment fee Moved by Councilman Calvert, seconded by Councilman Cooney (Sgt.L.Trujill and unanimously carried by roll call to grant the request. The City Administrator presented a request by the Director M.San Miguel of Public Works that Michael San Miguel, Civil Engineering auth.to attend Assistant, be permitted to attend a course in Technical course in Tech Report Writing, at Cal. State College in Los Angeles, and Report Writing authorizing reimbursement of $18.75.tuition upon satis- @Cal-State,L.A factory completion of the course. with reimb.of 'tuition Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried by roll call to grant the request. A Resolution was presented, accepting Director's Deed Res -#5565 No. D -B5756 from the State Division of Highways containing accepting Dir. ten parcels which provide easements for utilities and Deed #D -B5756 sewers in the vicinity of the Foothill Freeway. from Div.Hwys. re -10 parcels, Councilman Cooney offered the Resolution entitled: provid.Util.& Sewer Easement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA in vicinity of ACCEPTING A CERTAIN DIRECTOR'S DEED NO. D -B5756 AND Foothill Frwy. AUTHORIZING THE RECORDING THEREOF. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Moved by Councilman Cooney, seconded by Councilman Calvert and unanimously carried that further reading be waived. Moved by Councilman Cooney., seconded by Councilman Calvert that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen. Rubio, Decker, Cooney, Calvert, Solem 'NOES:' Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5565. The City Administrator presented a memo from the Director of Public Works which stated that the work on the construc- tion of Gladstone Street between Vernon and Vincent Avenues (Project 462) has been completed. This project was begun by So -Cal Construction Co, and, due to the rains which occurred during this time, that company was unable to finish the construction. The bonding company took over and completed the project immediately. There was more paving needed than was originally estimated, and this amount, less other minor items which were not needed, brought a total Change Order of $3,545.66. It was the recommendation of the Director of Public Works that the Change Order be authorized. It was the recom- mendation of the City Attorney that the completion date be extended to April 9, 1969, due to the inclement weather conditions which prohibited work. Moved by Councilman Calvert, seconded by Councilman Rubio to extend.the completion date on Project 462 to April 9, 1969. Motion carried by the following vote of•Council: AYES: Councilmen: Rubio, Decker, Cooney, Calvert NOES: Councilmen: Solem ABSENT. Councilmen: None Moved by Councilman Calvert, seconded by Councilman Rubio and unanimously carried by roll call to approve Change Order in the amount of $3,545.66. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to authorize the Mayor to execute the Notice of Completion and the City Clerk to record the same. The City Administrator presented a recommendation from the Director of Public Works that Richard V. Speck, 502 West Alosta Avenue, Glendora, be authorized to prepare a real estate appraisal for the right-of-way required for Tenth Street Assessment District No. 1968-1, for a fee of $300. Of the two proposals obtained from qualified real estate appraisers, Mr. Speck's was the lowest. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried by roll call to accept the recom- mendation of the Director of Public Works. The City.Administrator presented a memo from the Director of Public Works in which he states that, as a result of Resolution #5506 adopted by Council on 12/16/68, the State Division of Highways has conducted traffic studies at the intersections of Azusa Avenue and Paramount Street and has submitted an interim report recommending that further in- vestigation be made after the Foothill Freeway is opened to Grand Avenue in Glendora. They did not recommend traffic signals at this time due to the unusual traffic conditions created by the interim opening of the Freeway to Azusa Avenue. Page 9 Re:Proj.462 completion date extend. to 4/9/69 change order of $3,545.66 appvod;auth. exec.Notice of Completion for recording Auth.R.V. Speck to pre- pare R.E. appraisal for R/W required for 10th St. Assess.Distr. #1968-1, for $300 fee Interim Report of Div, of Hwys. re: Traffic study @Paramount St. & Azusa Avenue AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Moved by Councilman Calvert, seconded by Councilman Rubio and unanimously carried to file the interim report and have the Director of Public Works recheck again within three weeks after the Freeway is opened to Grand Avenue. The City Administrator presented a report from the Direc- tor of Public Works re: communication from the California Roadside Council which requested approval of proposed ' route and design decisions for freeways and Federal -aid secondary.highways. It was the recommendation of the Director of Public Works that Council not recommend the policy and procedure memorandum as set forth by the Calif- ornia Roadside Council and that their communication be filed. Moved by Councilman Cooney, seconded by Councilman Calvert and unanimously carried to accept the recommendation and file the communication. A Resolution was presented, approving an agreement for electrical distribution facilities and energy at 502 East Foothill Blvd. (Firestone Tire and Rubber Co.). Councilman Cooney offered the Resolution entitled: 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 FIRESTONE TIRE & RUBBER COMPANY AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAME. Moved by Councilman Cooney, seconded by Councilman Calvert and unanimously carried that further, reading be waived. 'Moved by Councilman Cooney, seconded by Councilman Calvert that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5566. After discussion and consent of Council, the City Attorney stated he will prepare a Resolution to empower the City Administrator to enter into Agreements for electrical distribution facilities and energy. The City Administrator presented a request from the Director of Utilities that Hugh Gerharz, Electric Utilities Superin- tendent, be permitted to attend a conference on Underground Distribution, conducted by the Institute of Electrical and Electronic Engineers, Inc., to be held in Anaheim, May 13 through 16 1969, and authorizing accountable expenses not to exceed $100. ' The City Administrator stated that funds are available in this Account, although there is nothing budgeted for this request. Moved by Councilman Decker, seconded by Councilman Cooney and unanimously carried by roll call to approve the request. Page 10 Report by Dir.P.W.& recom.to file req.by Calif.Road- side Council re:freeway route & design decisions Res.#5566 appvg.agmt. for elec. distrib. (Firestone Tire & Rubber Co.) Res.to be prep.to give blanket auth. to C.Admin.to enter into Agmts. for elec.distrib. facil. Elec.Util.Supt. auth.to attend Conf.on Under- ground Distrib: 5/13/69 thru 5/16, & accnt. exp.max $100 The City Administrator presented a communication from Appropriation Policewoman Hunter re: budget request for hosting Educa- of $200 incl.ir tional Training Institute of Women Peace Officers' Associ- 1969-70 P.D. ation in September, 1969. It was the recommendation of the budget for AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 City Administrator that an appropriation of $200 be included in the 1969-70 Budget of the Police Department to assist in defraying organizational and technical costs of hosting this Institute. Moved by Councilman Calvert, seconded by Councilman Decker and unanimously carried by roll call to appropriate $200 to be included in the 1969-70 Police Department budget, as requested. The City Administrator presented a request from Amforge, Inc., 750 North Vernon Avenue, for vacation of a 15 -ft. Utilities Easement crossing its property, and a report from the Director of Utilities recommending the release of this Easement, subject to payment of all costs and fees by Amforge, Inc. Moved by Councilman Calvert, seconded by Councilman Decker and unanimously carried to refer the request to the Plan- ning Commission. The City Administrator presented a report by Foothill Free- way Surplus Property Committee res consideration of 17 additional parcels of land adjacent to Freeway route through the City. The Committee recommended that the City acquire 6 of these parcels for landscaping, beautification, or park purposes. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to accept the recommendation of the Committee and to request that the City Administrator submit the report of the Committee to the State Division of High- ways. Report by the City Administrator that Student Government Day, sponsored by Azusa High School Key Club, is scheduled for Monday, May 5, 1969, with activities in the afternoon in- volving City Departments, and attendance at the Council meeting in the evening. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to approve the scheduled activities for Student Government Day on 5/5/69• The City Administrator presented a request by the Police Chief for confirmation of the appointment of Thomas J. Fogarty as Assistant Poundmaster (part-time), at Step 1 of Range 20A, effective 4/22/69. Moved by Councilman Decker, seconded by Councilman Calvert and unanimously carried to confirm the appointment. The City Administrator submitted a price quotation from Western Disposal for furnishing and emptying of metal trash containers of 3 cu. yd. capacity at City Buildings, Parks and Downtown Streets, for a one-year period, which was the only quotation received, although requests for quotations were sent to four firms. The prices submitted by Western Disposal are almost identical with those on the previous contract. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to accept the quotation of Western Disposal for a one-year period, and authorize the City Administrator to have a P.O. issued, to become effective 5/1/69• Page 11 hosting Educ. Trng.Inst.of Women Peace Officers'Assn. in Sept.1969 Req.by Amforge, Inc. for vacation of 15-ft.Util. Easement across their propty. (referred to P1an.Comm.) Foothill Frwy. Surplus Propty Com.report res 17 addl.parcel adja.to Frwy. route thru City Student Govt. Day,sponsored by Azusa H.S. Key Club, on 5/5/69(after- noon & evening Conf.appt. T.J.Fogarty, part-time Asst.Pound- master effec. 4/22/69 Quotation from Western Dis- posal for rubbish pick- up on City propty.& Down- town Sts.,for 1 yr. beg. 5/1/69 (accepted) -AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 12 The City Administrator notified Council of the receipt Recd $16;899.1 of a check from Southern Counties Gas Co. for $16,899.17, from So.Countie which is the City's franchise tax for the year ending Gas Co.for fran 12/31/68 under the terms of Franchise Ordinance #341, chise tax, year which item is budgeted each year. ending 12/31/6F The City Administrator presented a report from the Planning Plan.Dir.Rpt. Director re: Downtown Area, as a result of the meeting re:Mtg.on 'with representatives of HUD, Director of Public Works, City Downtown Area Administration, and Planning Director after preliminary investigation of the area involved, it was their decision that the central business district of the City would qualify for an Urban Renewal project. The City has two approaches to establishing this project: 1. a) Establish a Workable Program. b) Organize a Redevelopment Agency. c) Submit an application for the Neighborhood Develop- ment Program. d) Within one year, develop a plan and take some visible steps in the effectuation of that plan. This would be included in the cost of the total pro ect and partly covered by the Federal Government, but it would take six months to complete the planning phase.) 2. This alternative method was the one they recommended: a) Hire a marketing consulting firm to do an economic, Lather than design oriented, survey of the area to ' suggest optimum usage of the land. (This would be at the expense of the City.) b) Establish a Workable Program. c) Establish a Redevelopment Agency. d) Submit an application for the Neighborhood Develop- ment Program. The alternative was suggested since it would be almost impossible for the City to go through the planning and execution of even a portion of the plan within the one-year time period; consequently, they recommend that the planning be done prior to submission of the applicationiforms. The Federal representatives had advised there were several planning consultant firms which would put emphasis on ,economics rather than on design, and the economic survey would probably cost between $7,000 and $10,000; this esti- mated cost was based on previous experience. After discussion , it was Moved by Councilman Calvert, seconded by Councilman Cooney Plan.Dir.to that the Planning Director be requested to contact some contact mktg. marketing consulting firms and bring back a more definite consulting bid as to the cost of an economic survey. Motion carried by firms & bring the following vote of Council: back more definite idea AYES: Councilmen: Rubio, Cooney, Calvert, Solem as to cost of NOES: Councilmen: Decker econ.survey ABSENT: Councilmen: None The Mayor reactivated the Downtown Study Committee, with Downtown Study Councilman Rubio as Chairman, for an additional six -months Com.reactiv. period. I for 6 months AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 13 The City Administrator called Council's attention to Item #5 o City in oppos. on the League of California Cities Legislative Bulletin, to AB 1201 & dated 4/11/69, re: "Taxation - Publicly Owned Utilitiesfi` ACA 36 re: (AB 1201 and ACA 36), which will be heard by the Assembly Taxation, Education Subcommittee on School Finance on 5/5/69. Publicly Owned Util.,& C.Admin After discussion, it was to attend hrg. in person on Moved by Councilman Cooney, seconded by Councilman Decker 5/5/69 unanimously carried that letters in opposition to 'and AB 1201 and ACA 36 be directed to local Assemblymen and Senators, and also to the members of the Subcommittee, and authorize the City Administrator to attend the Assembly Hearing on 5/5/69, to state City's opposition in person. The Mayor called Council's attention to Item #1 on the City in oppos. Lea�ue of California Cities Bulletin teceived 4/21/69, to AB 374 re: re: Assembly Committee Approval of Policemen and Firemen Retirement of Retirement at Age 50." The League recommended opposition Policemen & to this Bill. Firemen Moved by Councilman Calvert, secohded by Councilman Decker and unanimously carried that Ofty oppose AB 374 qpd direct letters to legislators urging complete opposition to this Bill. The City Attorney mentioned Item #4 on the League of City Atty.to California Cities Bulletin received 4/21/69, re: "Brown Act- write to Sen. Misdemeanor" (SB 538). Richardson, opposing Moved by Councilman Calvert, seconded by Councilman Cooney SB 538 re -Brown and unanimously carried to authorize the City Attorney to Act write a letter to Senator Richardson in opposition to SB 538. Councilman Rubio asked that an investigation be made of a Re:possible possibly substandard house at approximately 300 North substandard Azusa Avenue. He believes Mr. Dario Munoz is the recorded house at approx owner and lives in back of the property. The City Adminis- 300 N.Azusa Ave trator said he would check into this. (D. Munoz) Councilman Rubio informed Council he had talked to Mr. Dir.of P.W. Noriega, 222 North Vernon Avenue, regarding the hazard to contact of the island at Vernon Avenue and 3rd Street. Councilman State re: Rubio stated that, after looking at the area, the island change in is too wide and is a hazard, and asked if this problem width of could be eliminated. island @ Vernon & 3rd Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried that the Director of Public Works contact the State regarding this problem. Councilman Rubio asked if the Library Board has the right C.Atty. to to do the planning for expansion of the Library, without check author. showing the plans to Council, and also to ask for Govern- of Lib.Bd.to ment funds. remodel & to enter into Moved by Councilman Rubio, seconded by Councilman Decker Agmts. with and unanimously carried to refer this matter to the City Fed. Govt. 'Attorney to look into the extent of the authority of the Library Board to remodel and the authority to enter into agreements with the Federal Government. Councilman Rubio expressed his disappointment in the Mayor9U Auth.letter and Councilmen"'9'Iegislative Institute at Sacramento. He be written, felt the Institute was not planned to get the full oppor- suggesting tunity to speak to legislators or their representatives. better plan for next Leg. Moved by Councilman Rubio, seconded by Councilman Calvert Institute and unanimously carried to authorize that a letter be written, asking the Institute to correct this problem at the next Legislative Institute. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, APRIL 21, 1969 Page 14 The Mayor asked about the locked chain across the easement Re: chain behind the Boy Scout Hall, which blocks off egress and across ease - ingress to the Scout Hall. The Director of Public Works ment behind reported that the City has utility easements there, and the Boy Scout area is subject to people dumping refuse; that the property Hall owner said he would like to have a chain put across the (referred to area and gave instructions that keys be given to Police, C.Atty. & Fire, and other Departments of the City, and to the Scouts. C.Admin.for invest. & rpt. Moved by Councilman Cooney, seconded by Councilman Rubio on 5/5/69 and unanimously carried to refer this matter to the City Attorney and City Administrator for investigation and report to Council on 5/5/69 and, in the meantime, the area is to be left open. The Mayor announced this is "D for Decency Week;"also on Mayor's Saturday, 4/26/69, there will be the Economy Run, the announcements Community Pancake Breakfast by the Sister City Committee, and the Library Book Fair. The City Clerk read in full a Resolution authorizing pay- Res.#5567- ment of warrants by the City. Bills & Reqs. Councilman Calvert offered for adoption the 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. Moved by Councilman Calvert, seconded by Councilman Cooney that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: 'AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5567. Moved by Councilman Cooney, seconded by Councilman Calvert Adjourn and unanimously carried that the meeting be adjourned. Time of adjournments 10:59 p.m. Next Resolution #5568 Next Ordinance # 967 1