HomeMy WebLinkAboutMinutes - May 5, 1969 - CCAZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969
I
The City Council of the City of Azusa met in regular
session at the above time and place.
t
It being Student Government Day, the following students
from Azusa High School represented the Councilmen and
Department Heads:
Gary Hastings (Mayor Solem)
Dan Oki (Mayor Pro Tempore Calvert)
Steve Murray (Councilman Cooney)
Deanne Dickey (Councilman Decker)
Benny Flores (Councilman Rubio)
Ed Clark (City Administrator Foxworthy)
Alexis Winter (City Clerk Klarr)
Amy Worth (City Treasurer Watkins)
Steve Smith (Director of Public Works
Sandwick)
Gary Nicklaw (Director of Utilities)
Mike Orman Police Chief Elkins
Gene Quinn (Fire'Chief Torrance
Richard Negley (Recreation Director
'Dangleis)
Jim Drulensky (Planning Director Smith)
Linda Cruz Librarian, Miss Johnson)
Jim Araujo City Attorney Terzian)
Mona Underwood (Accounting Director)
Dave Barton (Prbss Reporter)
7:30 p.m.
Azusa H.S.
students
participating
in Student
Govt. Day
The above students were introduced by City Administrator
Foxworthy.
Mayor Solem called the meeting to order, and Student -Mayor Call to
F3astings led in the salute to the flag. Order
Invocation was given by Rev. Fred Dawson of Foursquare Invocation
Gospel Church.
Present at Roll Call: Councilmen: Rubio, Decker, Cooney, Roll Call
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, Librarian:
Miss Johnson, Planning Director Smith, City
Clerk Klarr
There being no corrections or additions, Minutes of the Appvl,Min.
meeting of April 21, 1969, stand approved as written. 4/21/69
An award of $100 was presented;to Mrs. Katherine Smith, Pres. of
winner of the Golden Days Themb Contest, by Mayor Solem Award for
and Mary Davis (Miss Azusa). The Mayor extended con- Golden
gratulations to Mrs. Smith, and also wished much success Days
to Miss Azusa at the Miss Calitfornia Pageant in Santa Theme
Cruz, June 15-21, 1969.
Councilman Cooney presented an`award to Mrs. Elsie Vandale, Serv.Award
Audio -Visual Director in the Library, for 5 years service E.Vandale
with the City. (Library)
Councilman Decker presented an award to Battalion Chief Serv.Award
James Redfern in the Fire Department, for 15 years service J.Redfern
with the City. (Batt.Chief)
1
1
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969
Councilman Rubio presented an award to John Luna, Equipment
Operator in the Public Works Department, for 20 years service
with the City.
The City Clerk announced that bids were opened in the
office of the City Clerk at 10:00 a.m. on Thursday, May
1969, for purchase of seven 4 -door sedan Police Patrol
Units, with seven trade-ins. Present at the bid'openin
were City Administrator Foxworthy, Police Chief Elkins
and City Clerk Klarr.
Page 2
Serv.Award
J.Luna
(Equipment
Operator)
Bids on punch.
1, 7 4-dr.sedan
Police Patrol
g Units, with
7 trade -iris
City City Clerk presented the Affidavit of Publication of
the Notice Inviting Bids.
Bids were solicited from 20 dealers, and four (4) bids
were submitted as follows:
Firm Name
Wegge Motors, Pasadena
Savage Pontiac, Monrovia
Bryant Pontiac, Covina
Davies Chevrolet, Glendon
Net 6tal Bid
$x.1,246.13
11,813.38
12,382.91
Glendora 14,998.17
Estim.Delvy.Date
6 to 8 weeks
5 to 6 weeks
6 weeks from order
8 weeks
The lowest -bidder, Wegge Motors, listed five exceptions to
the specifications, two of which, if installed, would
increase their bid to an amount above the next lowest bid.
The Police Chief and City Administrator submitted a joint
recommendation that in view of the exceptions submitted by
the low bidder, the bid of Savage Pontiac, in the net
total amount of $11,813.38, be accepted, and that the bid
securities be returned to the'unsuccessful bidders.
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried by roll call that Savage Pontiac
be found low bidder in the, amount of $11,813.38, and that
Wegge Motors did not meet bid specifications; that the
recommendation be accepted to award the bid to Savage
Pontiac, and to return bid securities to the unsuccessful
bidders after the contract has been signed.
It was the consensus of Council that a letter be sent to
Wegge Motors, explaining the action of the Council in
making the bid award, due to the exceptions to the specifi-
cations.
The hour of 7:30 p.m, being the time set for a public hear-
ing on amendment to Sections 9231.21(b), 9231.27, and 9232.80
of the Municipal Code re: Filing Fees and Appeal Fees,
recommended by Planning Commission Resolution No. 791
(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
4/23/69, in the Azusa Herald & Pomotropic; also a communi-
cation from the Planning Director which stated that the
Planning Commission would like the Variance filing fee
raised from the present $35 to $50, because it is quite
evident that the City is charging considerably less than
other cities, plus the fact that most Variances are not
requested by home -owners. The memo further stated that
the Commission recommended a filing fee for appeals in an
amount of 1/2 the original fee, which the Commission be-
lieves will cause'the applicant to make a good presenta-
tion because of the additional costfor filing an appeal,
and it will discourage the filing of appeals where there
is little justification.
(awarded to
Savage
Pontiac)
Pub.Hrg.on
amend.Secs.
9231.21(b)3
9231.27, &
9232.80 of
M.Q.re:Filing
Fees & Appeal
Fees
(referred to
P1an.Comm.)
/2/69
cont.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969
There being no persons present wishing to be heard and no
further communications received regarding this hearing, it
was
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously'carried to close the hearing.
Planning Director Smith addressed Council and explained
'the increase in cost of advertising, etc., for a public
hearing on an appeal; he also stated the most common type
of Variance reguested is that of the home -owner who wishes
to remodel or enlarge his homei'and cannot provide the
required double -car garage, which is the subject of the
next public hearing on the agenda.
Councilman Cooney suggested a sliding scale fee, based
on zoning, with $35 fee for R-1 zone, and up to $50 fee
for commercial or manufacturing zones.
After discussion, it was
Moved by Councilman Cooney, se�onded by Councilman Calvert
and unanimously carried to reopen the hearing.
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to refer back to the Planning
Commission.
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously carried to continue hearing to 6/2/69 at
7:30 p.m.
The hour of 7:30 p.m. also being the time set for a
'public hearing on amendment to Section 9230.51(b) of the
Municipal Code re: Double -Car Garage Requirements for one -
family dwellings in any zone, recommended by Plahning
Commission Resolution No. 792 (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
4/23/69 in the Azusa Herald & Pomotropic; also a communi-
cation from the Planning Director which stated the Planning
Commission is attempting to alleviate an unnecessary hard-
ship on a large number of property owners in the City who
request Variances for remodeling or enlarging their homes
and who cannot provide the required double -car garage.
On those properties where a sipgle-family dwelling exists
and the lot configuration or house location would preclude
the construction of a two -car garage,with this proposed
amendment the Planning Director may waive this requirement,
after reviewing the plans, and'a report shall be made of
each such action to the Planning Commission.
There being no persons present wishing to be heard and no
further communications received regarding this hearing,
1 it was '
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously carried to close the hearing.
Moved by Councilman Decker, seconded by Councilman Calvert
and unanimously carried by roll call that the City Attorney
prepare an Ordinance approving the recommendation of the
Planning Commission.
Page 3
Pub.Hrg.on
amend. Sec.
9230.51(b) of
M.C.re:
Double -Car
Require.for
1 -family
dwellings in
any zone
(approved)
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 53 1969 Page 4
The hour of 7:30 p.m. also being the time set for the Pub.Hrgs.on
continued Public Hearings on the revocation of Cafe Enter- revoc.Entertain
tainment Permits issued to "The Bunny Run" and to "Pepe's", Permits to The
it was Bunny Run & to
Pepe's
Moved by Councilman Decker, seconded by Councilman Calvert
and unanimously carried to delay both of these hearings to (delayed to
the end of the Agenda. end of Agenda)
The hour of 7:30 p.m. also being the time set for a con- Continued
tinued public hearing on amendment to Sections 9230.80 Pub.Hrg.on
and 9230.81 of the Municipal Code (Zoning Chapter) re: amend.Secs.
Precise Plan of Design, Purpose and When Required, recom- 9230.80 &
mended by Planning Commission Resolution No. 784 (Planning 9230.81 of
Commission initiated), the Mayor declared the hearing open. M.C.re:Precise
Plan of Design,
The City Administrator informed Council that on 4/21/69 the etc.
recommended amendment was referred to a Committee consisting
of the Director of Public Works, Planning Director, (cont. to
Building Inspector, and City Administrator, to check for 5/19/69)
alternatives and report back to Council. Unfortunately
the Committee was unable to meet, and the City Adminis-
trator suggested the hearing be continued.
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to continue the hearing to 5/19/69
at 7:30 p.m.
The City Clerk presented a report by the City Attorney re:
C.Atty's rpt.
sale of City property (abutting the alley between Angeleno
re:sale of
and San Gabriel Avenues, north;,of 11th Street). 'It has
City propty.
been the request of Mr. E. R. 4eidner and Mr. W. F.
(abutting
Christensen, whose properties abut the City property,
alley bet.
the subject property be returned to the tax rolls.
Angeleno &
'that
A report had been submitted by the Director of Utilities
San Gab .Aves.
at the 4/7/69 meeting, recommending that a portion of the
N.of 11th St.�
City property, approximately 60 ft. wide by 130 ft. long,
be considered excess property and could be disposed of at
Council's discretion.
The City Attorney's report mentioned two separate methods
of selling the subject property and in the last paragraph
of the report, the following course of action was suggested:
First, obtain some basis upon which a valuation can be
placed on the subject property and enter into an agreement
to sell same to the abutting property owners. This agree-
ment would be contingent upon the possibility of such sale
being overturned at the time of public hearing. Thereafter,
the Resolution of Intention could be adopted and a time
fixed for hearing. If there are no protests, the sale may
then proceed, with the further suggestion that conveyance
be by quitclaim deed.
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously carried by roll call that the City Admin-
istrator and City Attorney follow the procedure outlined
in the last paragraph of the City Attorney's report, in
disposing of this portion of City property.
The City Clerk presented a request from the Veterans of Appvd.req.
Foreign Wars, Azusa Post #8070; for permission to sell by VFW to
poppies on May 23rd and 24th. sell poppies
on 5/23 &
Moved by Councilman Cooney, seconded by Councilman Calvert 5/24
and unanimously carried that the request be granted.
The City Clerk presented an invitation for the City to Invit.to
participate in the Third Annual West Covina Fourth of partici ate
July Parade, with entry blank attached. in W.C.4th
of July Parade
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 5
Mr. Forest E. Hanson, Secretary -Manager of the Azusa (referred to
Chamber of Commerce, whose home address is 5317 North Golden Days
Fairvalley, Covina, addressed Council, stating he was Comm.& Mr.
in touch with the Parade Committee and was told a convertible Hanson of
or antique car, suitably decorated and carrying Miss Azusa, Ch. of Comm.)
would be acceptable if the City did not have a float, to be
used in this parade and in the Golden Days Parade; also
Valley Decorating Co. had told Mr. Hanson they will come up
'with some suggestions.
Moved by Councilman Calvert, seconded by Councilman Cooney
and unanimously carried to refer the communication to the
Golden Days Committee for consideration in conference with
Mr. Hanson.
The City Clerk presented a request from Assemblyman Harvey
Req.by
Johnson for support of his bill (AB 1339) which would allow
Assemblyman
a drug user to be treated in a community mental health
Johnson for
center.
support of
Moved by Councilman Cooney, seconded by Councilman Decker.
his Bill
(AB 1339)
and unanimously carried to ref4r to the Police Chief and
re:treatment
City Attorney for study as to the merit of the Bill and,
of drug users
if they concur it is good legislation, to authorize the
City Clerk to write a letter in support.
Councilman Rubio asked, and it was agreed by Council, that
a copy of the communication from Assemblyman Johnson be
sent to Dayton Dickey of the Azusa Unified School District,
merely for information.
The City Clerk presented a request from the City of Long Req.by City/
Beach for consideration of a Resolution urging National Long Beach
' Year -Round Daylight Savings Time. for support
of Natl.Yr-
Moved by Councilman Calvert, seconded by Councilman Rubio Round Daylight
and unanimously carried to file. Savings Time
The City Clerk presented a request from the City of Costa Res.#5568
Mesa for support of AB 1356, which will place firefighters urging
in Cities under the Employer -Employee Relations Act. adoption of
AB 1356,
Councilman Cooney offered the Resolution entitled: placing fire-
fighters in
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA cities under
URGING THE ADOPTION OF AB 1356 PLACING FIREFIGHTERS IN employer -
CITIES UNDER THE EMPLOYER-EMPLOYEE RELATIONS ACT. employee
relations act
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, Calvert, Solem
NOES: Councilmen: None
'ABSENT: Councilmen: None and numbered Resolution 5568.
Notice was received from California Water Resources Associa- Calif.Water
tion of their annual meeting and Board of Directors Meeting Resources
at 9:00 a.m., and Water Leaders' Luncheon at Noon, on Assn.Mtg.&
Friday, 5/9/69, at the Biltmore Hotel in Los Angeles, at Luncheon,
$5.00 per person. 5/9/69
Moved by Councilman Cooney, seconded by Councilman Rubio ($5.00 ea.)
and unanimously carried by roll call that any Councilmen
and the Director of Utilities be authorized to attend.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969
Page 6
For Council information and consideration,
the City Clerk
Expir.on 6/30
submitted the following list
of members of Board and
of terms of
Commissions whose terms expire,on 6/30/69 (Mayor appoint-
membrs.of Bds.
menta):
req.reappt.
& Comm. (Mayor
Quarterly Rpt.
Chamber of Commerce.
appointments)
Library Board (3 -yr. term)Alfred
G. Reidell
Moved by Councilman Cooney, seconded by Councilman Calvert
propty.within
Katherine S. Zadach
City(fiscal
Park & Recreation
ABC Notice,
'Notice
of a Person -to -Person transfer of On -Sale Beer (Food) License
' Commission (3 -yr. term)
Ralph Pedroza
On -Sale Beer
Planning Commission
= Robert G. Fry
(4 -yr. term)
Lucio D. Cruz
(Georgia's)
The City Clerk also informed
Council of the receipt of
Ltrs.rec'd.
a letter from each member of
the Library Board whose
from membrs.
term is expiring, requesting
reappointment, plus a letter
of Lib.Bd.
from the Board of Library Trustees, requesting reappoint-
req.reappoint-
ment of Dr. Reidell and Mrs.
Zadach.
ment
The Mayor requested that copies of any such letters re-
P&R Comm. &
questing a reappointment be forwarded to Councilmen upon
P1an.Comm.to
receipt by the City Clerk, and also that the Park and
be notified
Recreation Commission and Planning Commission be informed
of need for
that a letter should be directed to Council by any member
ltr. from mbr.
requesting reappointment.
req.reappt.
The City Clerk presented the Quarterly Report of the
Quarterly Rpt.
Chamber of Commerce.
of Ch.of
1969-70, recommended that Council adopt a Resolution re-
Commerce
Moved by Councilman Cooney, seconded by Councilman Calvert
propty.within
and unanimously carried to file report.
City(fiscal
was received from the Alcoholic Beverage Control
ABC Notice,
'Notice
of a Person -to -Person transfer of On -Sale Beer (Food) License
of transf.
from A. and H. Z. Bornstein to H. D. Jones, for premises
On -Sale Beer
located at 577 East Arrow Highway, known as "Georgia's".
(food)Lic.to
H.D.Jones
Moved by Councilman Cooney, seconded by Councilman Rubio
(Georgia's)
and unanimously carried to file.
The City Clerk presented an invitation for Council to
Recep.honor.
attend a reception honoring Assemblyman Harvey Johnson,
Assemblyman
to be held on 5/21/69 from 6:00 p.m. 9
to .00 p.m. at
Johnson, 5/21
California Country Club in Whittier, at 25 each. No
Q $25 each
action taken by Council.
The City Clerk informed Council that the Accounting
Res.#5569
Director, in order to ascertain more closely the estimated
req.estimate
revenues to the City of property taxes for the fiscal year
of assessed
1969-70, recommended that Council adopt a Resolution re-
valuation of
questing said estimate from the County Assessor's Office,
propty.within
according to Sec. 27421 of the'Government Code.
City(fiscal
year 1969-70)
Councilman Decker offered the Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
REQUESTING AN ESTIMATE OF THE ASSESSED VALUATION OF
PROPERTY WITHIN THE CITY.
Moved by Councilman Decker, seconded by Councilman Calvert
and unanimously carried that further reading be waived.
Moved by Councilman Decker, 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 5569•
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 7
The Mayor called attention to the League of California Ltrs.to be
Cities bulletin, dated 4/29/69, re: AB 374, providing sent to Leg.
for retirement of policemen and firemen at age 50, which opposing
was approved by the Assembly and has been referred to AB 374
Senate Committee on Government,Efficiency.
Moved by Councilman Rubio, seconded by Councilman Decker
and unanimously carried that letters be sent to local
legislators, Senate Committee on Government Efficiency,
'and League of California Cities, in opposition to AB 374.
The Personnel Board submitted a recommendation of new Recom.by
classifications and salary ranges for Water Foreman at Pers.Bd.of
Range 27, and Library Aide at Range 10, with copies of new classif.
the position specifications. of Water
Foreman &
Moved by Councilman Calvert, seconded by Councilman Cooney Lib. Aide
and unanimously carried to accept the recommendation of
the Personnel Board.
The Personnel Board submitted a recommendation that an Recom.by
appointment be made from an eligibility list within 30 Pers.Bd.re:
days after certification of the list, but subject to appts.from
approval of Council, which is an amendment to Sec. 76 of elig.lists
the Personnel Rules and Regulations re: "Appointment". within limited
time
The City Administrator submitted a report of his meeting (Atty.to re -
with the Personnel Board on,4/22/69, re: appointments from pare Res.}
eligibility list within a limited time, and suggested that
the Personnel Board recommendation be accepted.
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously carried to accept the recommendation of
Personnel Board, and direct the City Attorney to
'the
prepare the necessary Resolution to amend Sec. 76 of the
Personnel Rules and Regulations.
A communication was received from the Personnel Board that
Pers.Bd.
the policy for payment of overtime to employees, with
recom.to
regard given to classifications above the first level of
continue
supervision, was considered by the Board, as requested by
overtime
Council at its 3/3/69 meeting. A survey was conducted of
policy per
the overtime policies of other cities, which seemed to be
Res. 4709
very much in line with the present policy of the City.
Upon studying the results of the survey and the policy set
forth in Resolution No. 4709, the Board recommended that
the present Resolution No. 4709 is adequate.
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to file the communication.
A communication was received from the Personnel Board Step Raises
recommending the approval of step raises and/or permanent and/or
status for four (4) employees, as follows: Perm.Status
Name
Effective
'Walter Boyko Pub.Wks.Inspector to Step 5 5/16/69
Michael San Miguel Civ.Engr. Asst. 3 5/6/69
E. Joan Starr Cashier Clerk 4 5/7/69
Thomas Martinez Pump Operator Perm.Stat.
Repairman on Step 3 5/5/69
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to accept the recommendations of
the Personnel Board.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969
Notice was given that the Planning Commission, by Resolution
No. 793, recommended an amendment to Section 9230.70 of the
Municipal Code re: Abatement and Amortization of Non -Con-
forming Signs; hearing before Council to be set by the City
Clerk.
Notice was further given that the Planning Commission, by
Resolution No. 794, approved and recommended the proposed
Easterly Annexation No. 71 (Azusa Foot -Hill Citrus Co.).
No action taken by Council.
Notice was also given that the Planning Commission, by
Resolution No. 795, declared.its intention to initiate
hearings to amend Article IX, Chapter 2 (Zoning Chapter)
of the Municipal Code re: proper zoning for trailer parks
No action taken by Council.
Notice was further given that the Planning Commission,by
Resolution No. 796, approved the proposed vacation of a
utility easement (Amforge property). No action taken by
Council.
An Ordinance was presented for second reading and adoption,
amending Sections 9230.71(b), Paragraph 5 of subsection (f),
and 9221.20(a) of the Municipal Code re: Signs in the Free-
way Service Zone and Adjacent to Freeways.
'Councilman Calvert offered for,,adoption the Ordinance
entitled:
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 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: Rubio, Decker, Cooney, Calvert, Solem
NOES: ,Councilmen: None
ABSENT: Councilmen: None and numbered Ordinance 967.
A Resolution was presented amending Resolution No. 4693
by adding the new classification schedule of Water Foreman,
and by adding one (1) Water Foreman at Range 27 to the
Light, Power and Water Department complement.
Councilman Rubio offered the Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING RESOLUTION NO. 4693 RELATING TO THE TABLE OF
ORGANIZATION, COMPENSATION AND CLASSIFICATION SCHEDULES
OF THE LIGHT, POWER AND WATER DEPARTMENT AND AMENDING
EXHIBIT "A" ATTACHED THERETO.
Moved by Councilman Rubio, seconded by Councilman Calvert
and unanimously carried by roll call that further reading
be waived.
Page 8
P.C.Res.793
amend Sec.
9230.70 of
M.C.re:
Abatement &
Amortization
of Non -Con-
forming Signs
P.C.Res.#794
appvg. &
recom.Eastly.
Annex.#71
(Azusa Foot -
Hill Citrus)
P.C.Res.#795
init.hrgs.to
amend M.C.re:
zoning for
trailer prks.
P.C.Res.#796
appvg.proposed
vacation of
Util.Easement
(Amforge)
Ord. #967
amend. M.C.
re: Signs in
Freeway Serv.
Zone & Adjac.
to Freeways
Res.#5570
amending
complement
by adding 1
Water Foreman
to L&W Dept.
complement
(new classif.)
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 53 1969 Page 9
Moved by Councilman Rubio, 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 5570.
A Resolution was presented authorizing the Director of Res.#5571
' Utilities to enter into the standard form of agreements auth.Di.r.of
re: electrical distribution facilities and energy. Util.to
enter into
Councilman Decker offered the Resolution entitled: agmts.re:
elec.distrib.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA facil.& energy
AUTHORIZING THE DIRECTOR OF UTILITIES TO ENTER INTO
CERTAIN AGREEMENTS.
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, Calvert, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None and numbered Resolution 5571.
Moved by Councilman Decker, seconded by Councilman Calvert Inform Cncl.
and unanimously carried that Council be informed of any of any such
such agreements. Agmts.
'The City Attorney submitted his memo regarding the ruling C.Atty's. memo
of the California Supreme Court, upholding the right of re: gun regis.
Cities to legislate in the area of gun registration. (referred to
Pol.Ch.& C.Atty
Moved by Councilman Calvert, seconded by Councilman Rubio for report)
and unanimously carried to refer item to the City Attorney
and Police Chief for report to Council.
A Resolution was presented, declaring intention to vacate Res -#5572 re:
Utility Easement across Amforge property, setting the intent to vacat
hearing on 6/2/69 at 8:00 p.m. Util.Easement
(Amforge prop.)
Councilman Calvert offered the Resolution entitled: hrg.set for
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA 6/2/69 @8 p.m.
DECLARING ITS INTENTION TO VACATE CERTAIN RIGHTS AND
EASEMENTS.
Moved by Councilman Calvert, seconded by Councilman Decker
and unanimously carried by roll call that further reading
be waived.
Moved by Councilman Calvert, seconded by Councilman Decker
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 5572.
The City Attorney submitted his report on the authority C.Atty's.rept.
of the Library Board of Trustees to remodel and rebuild re: auth.of
its building, and also its authority re: entering into Lib.Bd.to
agreements with the Federal Government, which report had remodel &
been requested by Council. enter into
agmts.with
Fed. Govt.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 10
Moved by Councilman Rubio, seconded by Councilman Decker
and unanimously carried to file.
The City Administrator presented a communication from the Pres.of"Award
Director of Public Works, announcing that the City has won of Merit"from
the "Award of Merit" issued by,Park Maintenance Magazine Pk.Maint.Mag.
for the park shelter building.Constructed in Northside Park. for City's
The Director of Public Works a tered the contest for park park shelter
'shelters which were constructed during 1968, and pointed design of bldg.
out that the plans were prepared by Ralph Fitzsimmons of in Northside
the Engineering Department. Park
A plaque from the Park Maintenance Magazine was presented
to the Mayor by Director of Public Works Sandwick and
Mr. Ralph Fitzsimmons. In accepting the plaque, the Mayor
congratulated Mr. Sandwick and Mr. Fitzsimmons, and re-
quested that the plaque be hung in the entrance hall of
City Hall.
It was recommended -by the City -Administrator that the Pol.Ch.auth.
Police Chief be permitted to attend the 49th Annual to attend
Conference of the California Peace Officers' Association, Conf.of Calif.
to be held in Stockton, May 25 through 28, 1969, with Peace Officers'
authorization for reimbursed accountable expenses. This Assn.in Stock -
item has been budgeted. ton 5/25 thru
5/26, with re -
Moved by Councilman Decker, seconded by Councilman Calvert imbursed acct.
and unanimously carried by roll call to accept the recom- expenses
mendation.
The City Administrator presented a letter from the Invit.to
Recreation Director, inviting Council members to the Open- Opening Day
ing Day Ceremonies of the Azusa Pony League, at Gladstone Cere.of
' Park on Saturday, May 10, 1969, at 9:00 a.m. Azusa Pony
League
The Mayor expressed the desire that all available Council 5/10 @9:00 a.m.
members attend these ceremonies. No action taken by
Council.
The City Administrator presented
a request from the
Director
Conf.appt.of
of Public Works for confirmation
of the appointment
of James
J.A.Dominguez
A. Dominguez as Maintenance Man,
probationary, at Step 1 of
Maint.Man,
Range 10, effective 5/6/69,
and unanimously carried to grant request to confirm
prob.,effect.
The City Administrator presented a request from the Director
Auth.to
5/6/69
Moved by Councilman Calvert, seconded by Councilman
Decker
4 part-time
and unanimously carried to grant
request to confirm
appoint-
Clean -Up Cam -
ment.
paign & for
rental of addl
The City Administrator presented a request from the Director
Confirm.appt.
of Public Works for confirmation of the appointment of
of Robt.Barnes;
Robert Barnes as Equipment Mechanic, probationary, at Step 1
Equip.Mechanic
of Range 23, effective 5/6/69.
prob.,effect.
5/6/69
Moved by Councilman Rubio, seconded by Councilman Cooney
and unanimously carried to grant request to confirm
appointment.
The City Administrator presented a request from the Director
Auth.to
of Public Works for authorization to employ up to four (4)employ
up to
part-time employees for a maximum period of 3 weeks to assist
4 part-time
in Annual Clean -Ug Campaign at the salary range of Maintenance
employees for
Man, which is $2.5 per hour; also for authorization to rent
Clean -Up Cam -
any additional equipment necessary for campaign.
paign & for
rental of addl
Moved by Councilman Cooney, seconded by Councilman Calvert
equipment
and unanimously carried to grant the request.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 11
A Resolution was presented to initiate proceedings for the Res. #5573,
annual weed abatement program, setting the hearing for init.Weed
5/19/69 at 7:30 p.m. Abate.Program,
setting hrg.
Councilman Decker offered the Resolution entitled: for 5/19/69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
LOS ANGELES COUNTY, CALIFORNIA, DECLARING WEEDS, RUBBISH
'AND DIRT UPON PARKWAYS, SIDEWALKS OR PRIVATE PROPERTY IN
THE CITY OF AZUSA TO BE A PUBLIC NUISANCE, PURSUANT TO
TITLE 41 DIVISION 3, PART 2, CHAPTER 13, ARTICLE 3
(SECTION 39560 to 39587 INCLUSIVE OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA).
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, Calvert, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None and numbered Resolution 5573•
The City Administrator presented a communication from the Police &
Azusa Police and Fire Association, requesting to be formal- Fire Assn.
ly identified as a "recognized employee organization" to as recog.
represent employees of the Police and Fire Departments, employee
with Statement of Intent and Petition showing approval of organization
representation by the Association in all matters relating (approved)
to Employer -Employee relations, signed by all members.
by Councilman Cooney, seconded by Councilman Calvert
'Moved
and unanimously carried to approve the request.
The City Administrator presented a communication from
Ltr.fr.Police-
Policewoman M. Hunter, secretary of Women Peace Officers'
woman Hunter
Association of California, Inc., expressing appreciation
cancelling req:
for Council's cooperation in providing funds to host a
for funds to
one -day educational training session in September of 1969,
host Women Pce:
and at the same time advising that it would not be necessary
Off.Assn.tr.
for this year's budget consideration.
session in
Sept. 1969
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to file.
The City Administrator presented Councilmen with the Pre- Pres.of Prelim
liminary 1969-70 Operating Budget. 1969-70 Oper.
Budget
Moved by Councilman Rubio, seconded by Councilman Decker (receipt
and unanimously carried to acknowledge receipt. acknowledged)
It was recommended by the City Administrator that Council Fire Chief.autl
approve the request of Fire Chief Torrance to attend the to attend Fire
one -day Fire Administration Institute and 3 -day California Chiefs' Annual
Fire Chiefs' Annual Conference, in Sacramento, May 19 Conf., etc., it
through 23, 1969, at no expense to the City. Sacramento, 5/:
thru 5/23
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried by roll call to accept the recom-
mendation.
The City Administrator presented a request by the Police Appt.as Pol.
Chief for confirmation of the appointment, as Police Res.Officers:
Reserve Officers, effective 5/6/69, of the following: M.Goldman,
Matthew A. Goldman, Craig S. Holroyd, Michael L. Kane, C.Holroyd,
and Robert F. Barnes. M.Kane &
R.Barnes,
effec.5/6/69
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 12
Moved by Councilman Decker, seconded by Councilman Cooney
and unanimously carried to grant request for confirmation
of appointments.
The City Administrator presented a recommendation by the Policewoman
Police Chief to grant the requ§st of Policewoman M. Hunter Hunter auth.
to attend the 42nd Annual Conference of Women Peace to attend
Officers' Association of California, to be held in Stockton, Conf.Women's
' May 25 through 28, 1969, with an advance of $80 accountable Peace Off.
expenses. This item has been budgeted. Assn.,5/25
thru 28, with
Moved by Councilman Calvert, seconded by Councilman Decker $80 adv.
and unanimously carried by roll call that the request be accountable
granted. exp.
The City Administrator presented the resignation of Carol Resignation
Kirsch, Steno -Clerk in the Engineering Department, Carol Kirsch,
effective 5/16/69, with the request from the Director of Steno -Clerk
Public Works that her name be placed on the reinstatement in Engr.Dept.,
list. effec.5/16/69
Moved by Councilman Cooney, seconded by Councilman Rubio
and unanimously carried to accept the resignation and
place Mrs. Kirsch's name on the reinstatement list
The City Administrator presented a notice from Azusa Auth.payment
Agricultural Water Co. of an assessment of $1.00 per share of $4,677.to
for 4,677 shares of stock owned by the City, for repairs Az.Agric.Water
caused by the recent flood. Co.for assess-
ment due to
Moved by Councilman Rubio, seconded by Councilman Cooney flood
and unanimously carried by roll call to authorize payment
of $4,677. for City's share oflthe assessment.
'The City Administrator presented requests by 3 employees Regs.by 3
for extension of leave with pay for industrial injury. employees
The Personnel Rules & Regulations require that any such for ext.of
extensions be subject to review by Council at the end of lve.with
each 90 -day period, but not to continue beyond an aggregate pay for
period of one calendar year. indus.injury
The first request was submitted by Martin Lopez, Senior Appvd.ext.to
Maintenance Man, for an extension from 4/20/69 to 5/22/69• 5/22/69
(Martin Lopez
Moved by Councilman Rubio, seconded by Councilman Decker Sr.Maint.Manj
and unanimously carried to approve request.
The second request was submitted by Edward J. Kohout, Appvd.90-day
Lineman, for a 90 -days extension from 3/19/69. ext.fr.3/19/69
(E.J.Kohout,
Moved by Councilman Rubio, seconded by Councilman Calvert Lineman)
and unanimously carried to grant request.
The third request was submitted by Stanley Hosford, Working
Appvd.28-day
Line Foreman, for 28 days extension from 4/4/69 to 5/5/69.
ext.fr.4/4/69
to 5/5/69
Moved by Councilman Cooney, seconded by Councilman Rubio
(S.Hosford,
and unanimously carried to grant request.
Wkg.Line Fore.
The City Administrator read in full a Resolution supporting
Res. #5574,
certain State Legislation to allow the lease or conveyance
supporting
of State land which is either'excess to highway requirements
State Legis.
or undeveloped right-of-way to.the City, for creation of
to allow lease
parklets and aesthetic areas along the Foothill Freeway.
or convey.of
'
State land for
Councilman Calvert offered for adoption the Resolution
parklets, etc.,
entitled:
along Foothill
Freeway
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 53 1969 Page 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
SUPPORTING CERTAIN STATE LEGISLATION TO PERMIT LEASING
OR CONVEYING TO THE CITY OF AZUSA CERTAIN STATE LAND IN
EXCESS TO HIGHWAY REQUIREMENTS OR UNDEVELOPED RIGHT-OF-
WAY FOR USE AS PARKLETS AND AESTHETIC AREAS ALONG THE
FOOTHILL FREEWAY.
Moved by Councilman Calvert, seconded by Councilman Decker
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 5574.
The City Administrator requested authorization to purchase
Auth.P.O.
an asphalt spreader bar for $1,145.50, to be used for work
for $1,145.50
done by force account, and for which there are funds in the
to purch.
budget.
asphalt
spreader bar
Moved by Councilman Calvert, seconded by Councilman Rubio
and unanimously carried by roll call to authorize issuance
of a Purchase Order in the amount of $1,145.50 for purchase
of an asphalt spreader bar.
The City Administrator requested approval of a 5 -year agree- Appvl.& Auth.
ment between the City and the Golden Days Committee, which execution of
would authorize payment by the City of not more than $2,000 Agmt.bet.City
per fiscal year, to be allocated at such times and in such & Golden Days
lesser amounts as the City deems appropriate. As there will Committee
be expenses of operation, promotional activities, etc., the
City Attorney was asked to prepare this agreement, which also
provides that the Committee will file with the Council, on
'or before June 1 of each year, a written report of past
activities and indicate plans for activities during the
forthcoming year.
Moved by Councilman Rubio, seconded by Councilman Decker
and unanimously carried by roll call to approve the
Agreement and authorize execution of same by the Mayor and
City Clerk.
The City Clerk read in full a Resolution authorizing pay- Res. #5575
ment of warrants by the City. re:Bills &
Councilman Calvert offered for adoption the Resolution Reqs.
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 5575•
At 9:24 p.m., the Mayor called a recess, and thanked the Recess
Azusa High School students who participated in Student
Government Day, excusing them from the meeting.
Council reconvened and the Mayor called the meeting to Council
order at 9:39 p.m. reconvened
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY , MAY 53 1969
The Mayor opened the continued Public Hearing on the revo-
cation of a Cafe Entertainment Permit, per Demand filed
by Diana DiLiberto, dba The Bunny Run, located at 633 East
Foothill Blvd.
The City Attorney reported that two members of Council
viewed the film and prepared a written report for Council
which has been forwarded to them as a part of these pro-
ceedings.
Carl W. Elkins, 548 West 11th Street, Chief of Police of
the City of Azusa, after being duly sworn testified that
there were violations of Resolution No. 5+99, which con-
tains the regulations of Ordinance No. 942, prohibiting
certain types of entertainment activities as follows:
Subsection D: An entertainer which had just completed
doing a dance, left the stage and
immediately began waiting on customers.
Subsection I: Entertainers did in fact remove such
clothing as to expose the breasts.
Subsection J: Motion pictures of a lewd nature were
shown.
Subsection L: Entertainers did remove clothing, upper
garments, which exposed the breasts.
Subsection N: The lewd films are a violation of State
Law.
He further testified that after the revocation proceedings
'were begun, the Bunny Run presented "Bottomless Dancing".
These violations occurred between February 2, 1969, and
May 3, 1969, during regular business hours.
Mr. Herbert Blitz, Attorney for Mrs. DiLiberto cross-
examined the Chief of Police. Mr. Blitz requested that
due to the narrative nature of the Chief's testimony,
wherever he referred to the word "lewd" that said word
be stricken from the testimony. This being because the
Chief has not been certified as an expert on obscenity.
The Chief testified that a valid entertainment permit was
issued and that the background investigation revealed no
reason to refuse issuance of the permit. It was further
testified by the Chief that he had not qualified as an
expert on obscenity or lewdness in any court of the State
and was acting in part upon his and certain complaintants'
personal interpretation as to what was lewd.
Lawrence Trujillo, 1201 North Alameda, Police Sgt. of the
City of Azusa, upon being duly sworn, testified he had
personally observed certain violations on March 20, 1969,
at which time he observed waitresses in bikini -type
apparel alternating between serving the customers and danc-
ing. On March 21, 1969, he and officers Crosby, Russell,
and Brewton, again viewed certain films of nude women
lying on beds, and also observed two females working be-
hind the bar attired in brief costumes and alternating
between serving beer and dancing on the stage. Also on
March 30, 1969, he observed a topless dancer who herself
did not serve the customers. On May 2, 1969, he arrested
a bottomless dancer at the Bunny Run. The bottomless
dancer was on the stage and did movements to music. She
began with clothing on and removed each garment until
,she appeared completely nude.
Page 14
Cont.Pub.
Hrg.on revoc.
of Cafe
Entertainment
Permit (Diana
DiLiberto dba
The Bunny Run)
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 5, 1969 Page 15
Mr. Blitz, attorney for Mrs. DiLiberto, cross-examined Sgt.
Trujillo. He testified that the dancing and the films
could not be seen from the public sidewalk. He also testi-
fied that this establishment is clearly marked so that
persons under 21 years of agg could not enter. It was
further determined that the Sgt. was not a qualified expert
on lewdness and, therefore, it was requested that all
references to the word "lewd"�:be stricken.
' Upon the evidence submitted, the Chief of Police requested
that Council sustain the revocation of the entertainment
permit of the Bunny Run.
Mr. Blitz indicated that the report of the subcommittee
regarding the films it viewed will have to be used as
part of the consideration of these proceedings. The
City Attorney stipulated that neither Mr. Rubio or Mr.
Calvert, who were the members of the subcommittee, is an
expert on obscenity. It was also stipulated that the
contents of the report of May 1, 1969, of the subcommittee
are, in fact, the opinions of Mr. Calvert and Mr. Rubio.
Mr. Blitz stated that there have been decisions in various
courts of the State which have held that dancing in and
of itself, whether topless, bottomless, or other, is pro-
tected by the First and Fourteenth Amendments of the
United States Constitution, The State of California has
pre-empted the area of sexual activity and no local
government may make additional restrictions.
He indicated that he felt that Resolution No. 5499 is, in
fact, a restriction upon sexual activity and as such is
pre-empted by State law.
City Attorney Terzian declared that the Ordinance in
question does not purport to 'regulate sexual activity,
but is solely to regulate entertainment.
There being no further questions of the witnesses by the
Council, it was
Moved by Councilman Decker,seconded by Councilman Rubio
and unanimously carried that the hearing be closed.
Moved by Councilman Decker, seconded by Councilman Calvert
and unanimously carried by roll call that the City
Attorney be authorized to prepare findings that the Chief
of Police has sustained all the charges and proved all
the charges relating to Subsections D. E, I, J, L, and
N of Resolution No. 5499, and that the permit be revoked
based upon all or any one of those charges.
The Mayor opened the continued Public Hearing on the Cont.Pub.Hrg.
revocation of a Cafe Entertainment Permit, per Demand on revoc.of
filed by Joseph L. Matuck, dba Pepe's, located at Entertainment
718 North San Gabriel Avenue: Permit (Jos.L.
Matuck dba
Mr. Dean R. Pic11, attorney for J. L. Matuck, dba Pepe's, Pepe's)
'appeared to object to the presentation of testimony by
Police Chief Elkins in narrative form.
The City Attorney reported that this hearing was con-
tinued from 4/21/69, and a subcommittee was appointed
which was shown the film; also a report of the sub-
committee was prepared and also sent to Mr, Pic11.
Chief of Police Elkins, after being duly sworn, testified
there were violations of Resolution No. 5499, which con-
tain the regulations of Ordinance No. 942, prohibiting
certain types of entertainment activities as follows:
1
C
t
AZUSA AUDITORIUM
AZUSA, CALIFORNIA MONDAY, MAY 55 1969 Page 16
Subsection D: He personally had been served by a waitress
who subsequently mounted a stage, removed
her upper garment, and performed a topless
dance.
Subsection E: He viewed films depicting women in the
nude, lying on a bed, going through
various gyrations which were simulated
acts of intercourse.
Subsection I: As reported above, he viewed persons
disrobing so as to reveal the breasts.
Subsection J: His testimony thus far witnesses to
the immoral nature of the activities.
Subsection L: He had testiied to the fact that
clothing wasiremoved to reveal the
breasts of the performer.
Subsection N: The Penal Code of California, Sections
314.13 314.2, and 311.2, are violated
by the movies shown.
Mr. Dean Pic11, attorney for Mr. Matuck, objected to
testimony on any other grounds than those in Subsection D,
E. and N. He claimed that any other grounds filed subse-
quent to the demand for hearing are not properly a part of
this hearing.
Mr. Pic11 cross-examined the Chief of Police. It was
determined that in the letter to Mr. Matuck from the Chief,
the reference was to the films viewed by the Chief and not
to the bottomless dancing. It was also determined that the
Chief felt there was a violation of Subsection I of Resolu-
tion No. 5499 because the breasts were exposed. He further
endeavored to indicate that it was the Chief's personal
opinion, one not based upon court definitions of obscenity,
which the Chief used to judge the films as lewd.
City Attorney Terzian determined from the Chief that he had
reached his opinion on any of these activities as a result
of his belief that they were in violation of the Penal Code.
Police Sgt. Lawrence Trujillo, after being duly sworn, testi-
fied that on March 11, 1969, he observed , with Officer Malloy,
three different films of nude females on beds. On March 20,
1969, he observed two barmaids attired in bikini -type apparel
alternating between serving beer to customers and dancing on
the stage. On March 28, 1969, a bottomless dancer and the
owner were arrested. On March 30, 1969, several topless
dancers who alternated between dancing and serving customers
were observed. Upon request of the City Attorney, Sgt. Trujillo
described the actions of the bottomless dancer during her perfor-
mance. These activities described heretofore all occurred during
a time when the establishment, Pepe's, was open for business.
Upon this testimony, the Chief of Police requested that the
Council uphold the revocation of the entertainment permit of
J. L. Matuck, dba "Pepe's."
Mr. Pic11 suggested that the presentation made by the witnesses
is divided into three parts. First, the topless question.
There are a myriad of cases in the State about this, and the
State courts have declared that the individual cities may not
restrict beyond what the State has set. Secondly, the question
of Bottomless Dancing. He did not feel that it had been proven
that the entertainers were in fact completely nude. Nudity,
per se, without sexual activity has been upheld by the Courts
as not a violation of the law. Thirdly, the films themselves.
AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, MAY 53 1969
The Councilmen who issued the report on the films were not
experts and were without knowledge of the court constructions
in this matter. He challenged paragraphs 2 and 3 of the
report in that the females depicted did not touch their
pubic area at any time. Alsoy there are no adequate grounds
shown for the City to have the film in its possession.
The City Attorney indicated that the Council's concern is
not with sexual activity or conduct, but is concerned with
whether or not the regulations applied to entertainment
have been violated.
Moved by Councilman Rubio, seconded by Councilman Cooney
and unanimously carried that'the hearing be closed.
Moved by Councilman Decker, seconded by Councilman Rubio
and unanimously carried by roll call that the City Attorney
be authorized to prepare findings, that the Chief of Police
has sustained all the charges and proved all the charges
relating to Subsections D, E, I, J, L, and N, of Resolution
No. 5499, and that the permit be revoked on all or any one
of those charges.
Mr. Pic11 requested a ten -day -stay of the action.
Moved by Councilman Calvert, seconded by Councilman Cooney
and unanimously carried that the request be denied.
The City Attorney advised Mr. Pic'1 that the action will
become effective upon adoption by the Council of a Resolu-
tion.
Councilman Calvert notified Council of an invitation he
had received from L. A. County Watershed Commission to
attend joint meeting with the Watershed Fire Council of
Southern California, which will consist of a field trip
from 9:45 a.m. to approximately 4:00 p.m., on Friday,
5/16/69, to leave from County Fire Station No. 151, located
at 231 West Mountain View Avenue, Glendora. Councilman
Calvert requested that copies of said invitation be sent to
all Council members.
Councilman Calvert told Council"he will be out of town for
the next regular Council meeting and asked to be excused.
Moved by Councilman Cooney, seconded by Councilman Decker
and unanimously carried to excuse Councilman Calvert from
attendance at next regular Council meeting on May 19, 1969.
The Mayor reported that several Councilmen had attended the
Maytime Band Review at National City, and that Azusa High
School Band placed lst in Class and the Little tec Drill
Team placed 2nd.
The Mayor informed Council he had received a letter from
Mayor Swindle of La Verne regarding a meeting of the full
Mayors Committee to build up the Courts which are under-
staffed and more judges are needed. The Mayor asked that
copies of said letter be sent to all Council members.
Moved by Councilman Cooney, seconded by Councilman Calvert
and unanimously carried to adjourn meeting to Wednesday,
May 7, 1969, at 7:00 p.m., at the Azusa Auditorium.
Time of adjournment: 10:59 p.m.
Next Resolution No. 5576 c
Next Ordinance No. 968 -City r
Page 17
Invit.to
attend County
Watershed
Cbmm.Field
Trip, 5/16
Counc.Calvert
excused from
next regular
Council mtg.
Azusa H.S.Band
1st in Class
& Little Tec
Dr.Team 2nd at
National City
Letter from
Mayor of
LaVerne re:
Mtg.of full
Mayor Com.to
build up
Courts with
more judges
Adjourn