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HomeMy WebLinkAboutMinutes - November 16, 1970 - CC (2)AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 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. H. Paul Romeis of Calvary Lutheran Church. Present at Roll Call: Councilmen: Rubio, Decker, Snyder, Clark, Solem Also Present: City Attorney Wakefield, City Administra- tor Sandwick, Acting City Engineer Wells, Police Chief Elkins, Fire Chief Torrance, Superintendent of -Light & Power Gerharz, Associate Planning Director Fitzsimmons, Accounting Director Cooney, City Clerk Klarr. The Minutes of the meeting of November 2, 1970, were approved as submitted. Councilman Clark presented a Plaque and Resolution of Commendation (No. 5793) to Mrs. Katherine S. Zadach, former member of the Azusa Library Board of Trustees. The hour of 7:30 p.m. being the time set for the public hearing on an appeal from denial of a Conditional Use Permit by Planning Commission Resolution, No. 876 (Case C-100- Maria Salce) for the sale of alcoholic beverages (with food only) to be consumed on the prem- ises in a commercial zone, within 300 feet of a residential ,zone, on property at 300 No. Dalton Avenue, the Mayor declared the hearing open. The City Clerk presented the Affidavit of Proof of publication of the Notice of this public hearing, pub- lished on 11/4/70 in the Azusa Herald & Pomotropic, and the Affidavit of Posting of Notice of this hearing on 11/5/70. The City Clerk had received the following two communica- tions in opposition to the granting of the appeal: one from Carl Rukasin, 1018 No. Azusa Avenue, and one from Julia Juarez, 301 E. 3rd Street. He further stated that a petition containing 190 signatures requesting reversal of the Planning Commission's decision, plus a letter from Mrs. Maria Romero Salce, had been submitted to Council. He reminded Council of the receipt of a petition on 9/21/70, containing 21 signatures in opposition to the issuance of a liquor license for the cafe. A memo was received from the Planning Commission which stated that the applicant has recently constructed a small cafe at the rear of subject property. Although surrounded completly by R-3, it is zoned C-2, and the ew construction and cafe use do comply with the present oning Ordinance and Building Code, but the applicant is now requesting that she be permitted to sell alcoholic beverages. This is a permitted use within the C-2 zone but does require a Conditional Use Permit when located within 300 feet of a residential zone; the reason for this is so that each location can be reviewed and approved, or disapproved, on its own merit. At the.public hearing before the Planning Commission, the greatest concern of those testifying in opposition seemed to be that this was basically a residential district and they were afraid that, if this permit were granted, it would be less desirable as a residential area: 7:30 p.m. Call to Order Invocation Roll Call Appvl.Min. 11/2/70 Pres.Plaque & Res.of Com. to Mrs.K.Zada Pub.Hrg.-appe fr.den.of CUP (Case C -100 - Maria Salce - 300 N.Dalton) AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 2 The memo further stated that the Planning Commission felt this was a good example of spot zoning and did not feel the sale of alcoholic beverages at thi-s loca- tion would be in the best interests of the area and, there- fore the request was denied. Rafael Romero Martinez, 420 E. 2nd Street, addressed Council as a representative of the applicant who is his mother. He claimed that the persons who are complaining - against allowing beer to be served with the food are transients and "welfare persons". He re-emphasized the three "promises" stated by Mrs. Salce in her letter with regard to when beer would be served, and he asked Council's approval of the appeal. Raul Carreon, 172 No. Soldano Avenue appeared before Council, also representing the applicant. He claimed that the original petition of 21 signatures opposing the appeal, filed with the City Clerk on 9/21/70 and sub- mitted to Council, had been obtained with mis-information. He stated that the petition of 190 signatures approving the appeal, which he had circulated and submitted to Council, was taken within a one -block radius of the location. He further stated that Mrs. Salce has too much invested in the business to allow it to be destroyed by disturbances and, therefore, made the promises on how she would sell the beer. He pointed out that Mrs. Salce will have business hours in the cafe from 9:00 a.m. to 9:30 p.m., seven days a week. Julia Juarez, 301 E. 3rd Street, appeared before Council in opposition and called attention to tYe fact that she tad sent a letter in opposition. She stated that the noise from the cafe will disturb her because her house s right next door. She felt, regardless of the applicant's intentions, there will be disturbances. Crescentia V. Miranda, 334 No. Dalton Avenue, addressed Council and stated she was against granting of the beer license because it will disturb the peace and quiet of the area which they have enjoyed for the past few years since the other places which sold beer had been closed and demolished. She submitted a letter in opposition to the granting of the Conditional Use Permit, signed by Lucy R. Cervantez, and also six additional names in opposition, both of which were received by the City Clerk at the time. David M1.ranrip- 326 No. Dalton Avenue, appeared before Council and opposed having a cafe itself at that location, feeling that there were other locations in commercial areas better suited. He further stated that he would like this commercially zoned area to be rezoned back to residential. John Mendoza, 441 No. Dalton Avenue, appeared before [ouncil in favor of the appeal, stating that the business ould be conducted inside the cafe and because the beer ill be sold with food, no one person will be sold too much beer. Mrs. Sally Carreon, 172 No. Soldano Avenue, daughter of Mrs. Salce, appeared before Council in favor of approving the appeal. ' No other communications having been received and no one else in the audience wishing to be heard, it was Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried that the hearing be closed. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 3 After discussion, it was Moved by Councilman Rubio, seconded by Councilman Decker to uphold the recommendation of the Planning Commission to deny the Conditional Use Permit, and to request the City Attorney to prepare the necessary Resolution. Motion carried by the following vote of Council: AYES: Councilmen: Rubio, Decker, Clark, Solem NOES: Councilmen: Snyder ABSENT: Councilmen: None Councilman Clark stated he voted "Aye" because one of the principal concerns expressed to him by the voters during his campaign was that there be no more establishments selling alcoholic beverages. A request was received from Taylor Measom, Acting Presi- dent of the Azusa Sister City Committee, for reimbursement of $157.68 expenses incurred for hospitality accorded the official representatives from the City of Zacatecas during their visit during the Golden Days Celebration. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried by roll call to grant the request and authorize reimbursement of $157.68. The City Clerk requested Council ratification of per- mission given for a one -day auction (tax sari for a bankrupt business) by Louis Alcana, on 11/15/70 at 801 No. Alameda Avenue, (South western Imperial Corp., Fa amper manufacturers). oved by Councilman Clark, seconded by Councilman Snyder nd unanimously carried to ratify the action of the City Clerk to approve the one -day auction. A request was received from Louis T. Gilbertson, Council- man of Temple City, for adoption of a Resolution petition- ing the setting aside of the action taken by the League of California Cities. Los Angeles County Division, re: report entitled "Changing Roles for Cities". After discussion, it was Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to receive and file. A request was received from People's Lobby for adop- tion of a Resolution approving initiative "Clean Environment Act" and for support from Mayor. Moved by Councilman Snyder, seconded by Councilman Clark and unanimously carried to receive and file. The City Clerk submitted his recommendation of approval f the quotation from Book Publishing Company for the urchase of recodification and supplement services for he Azusa Municipal Code, and authorization for the Mayor to sign the proposal -contract. Since the budget sessions, the City Clerk's Office has been proceeding with steps towards recodifying the Municipal Code, which is outdated in many of its ordinances, is unwieldly and difficult to use, and costs the City in time and materials considerably more than it should to keep revised. Req.granted for reimb. of $157.68 exp. to Sister City Committee Ratif.perm. 1 -day auction, 11/15/70 by L.Alcano (S.W. Imperial Corp., 801 N.Alameda) Req. by Temple Cty.Cnclmn. for Res. to set aside LCC Action re:"Changing Roles for Cities" Report Req.fr.People's Lobby for Res. appvg.Clean Env. Act Appvl.quotation fr.Book Pub.Co. for recodificat etc. of M.C., & auth. Mayor to sign proposal - contract AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 It has been the feeling of the former City Attorney, Richard R. Terzian, and every Department Head, that the Code is greatly in need of recodification to make it much more usable. After considerable discussion, and with the. advise of the Department Heads, the City Clerk submitted a set of specifications to the following three firms: Book Publishing Company of Seattle, Washington; Municipal Code Corporation of Tallahasee, Florida; and California 'Code Corporation of Stockton, California. California Code Corp, declined to make a quotation, stating that they were too busy and could not make the one -year -from -date -of -signing -of -contract deadline. The two quotations received were as follows: Basic Rate for Recodification Division Addl.Zoning Firm (Est. Cost) Tabs Reprints Updating Service (Reprints) Page 4 Book Pub. 11.75/page $170 for $2.75/page 11.75 code page Co. $7,000) 50 sets 2.75 reprint page (Addl.sets, $1, ea.) Munic- 13.00/page ipal Code $7,050) Corp. - - - - - $3.50/page 11.65 code page 3.50 reprint page As the on-going costs will be in the updating service and the re -ordering of additional zoning reprints, the cost differ- ence can be readily seen. ,Payment would be in three parts, made during both this and the next fiscal year, which is in line with the decision of Council at the last budget sessions. It was the recommendation of the City Clerk that the specifications be approved; the quotation from Book Publish- ing Company be accepted for the basic amounts quoted, includ- ing division tabs, for the recodification and supplement service (excluding the zoning reprints); the formal bidding procedures be waived; and the Mayor be authorized to sign the proposal -contract submitted, for 150 sets, 75 of which will be bound, with a few extra binders. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to waive bidding procedures under the Municipal Code, finding it impracticable, useless and uneconomical to follow such procedures and that public welfare would be promoted by dispensing with the same. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried by roll call to approve the recom- mendation of the City Clerk and authorize the Mayor to sign the proposal -contract with Book Publishing Company. lotice was received from Alcoholic Beverage Control of a ABC Notice ew application for On -Sale Beer & Wine (Bonafide pub. (112 E.Foot- eating place) License by Paul B. Ottman, II, for premises hill -"The Town at 112 E. Foothill Boulevard, known as "The Town House". House") Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried to file. Notice was given of receipt of a claim against the City Claim vs. by F. H. Lopez for alleged property damage on 10/24/70. City by F.H. Lopez AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY,_ N.O.VZMBER 16, 1970 Moved by Councilman Clark, seconded by Councilman Decker and unanimously carried to deny the claim and refer it to the City's insurance carrier. The City Clerk presented a letter from Mr. R. Sharp of G & S Amusements, Inc., for permission to operate a children's ride called "Moon Bounce", at the Foothill 'Shopping Center, November 27-29, 1970, from 10 a.m. to 10 P.M. The City Clerk noted that in a prior instance, with the same type of business, Council found this not to be a carnival type and that the business would be licensed with the usual fee. Richard Sharp, 3321 Midsite Avenue, Covina, addressed Council, stating he has the fire certificates required. It appears this certificate covers the whole country on this non -inflammable material, and he was asked to discuss this with the Fire Department. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to grant permission. The City Treasurer's Financial Statement was submitted, showing a balance of $998,026.11 as of October 31, 1970. Moved by Councilman Rubio, seconded by Councilman Decker and unanimously carried to file. _ �:,; i After reconsideration, the Personnel Board submitted the ollowing recommended revision of Section 47, paragraph 4, f Rules & Regulations re: step raises after promotion: "When promoted, an employee is entitled to be paid the minimum rate of the appropriate pay range or a minimum of one pay step higher than his current salary. He will thereafter be eligible for step raises in accordance with the provisions of Sec- tion 47, par. 1...." Moved by Councilman Decker, seconded by Councilman Clark and unanimously carried to approve the recom- mendation, and City Attorney to prepare necessary Resolution. The Personnel Board reconsidered the revision of Sec- tion 47, paragraph 6, of Rules & Regulations re: salary increase while acting in higher capacity, and submitted the following recommended revision: "Any employee in any class, rank or position, acting temporarily in a higher classification, rank or position for the full working time of a period of more than thirty-one consecutive cal- endar days, shall, during the entire period in which such employee is acting in the higher classification, rank or position, receive an appropriate salary equal to one sten higher than his current salary. Otherwise, he shall receive no additional compensation while acting temporarily in a higher classification, rank or position, provided, however, that a person shall continue to act in a higher position which is still occupied by a person temporarily absent or on leave, while retaining his existing class- ification for more than 90 days unless and to the extent that the City Council may authorize it for good cause shown." Moved by Councilman Decker, seconded by Councilman Clark and unanimously carried to approve the recommendation. Page 5 Perm.granted to R.Sharp to operate "Moon Bounce", 11/27-29, @ Foothill Shop. Center City Tress. Fin.State. Rev.recomm. of P.B.re: step raises after pro- motion Rev.recomm.of P.B. re: salary incr.while actg. in higher capac. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 6 A communication was received from the Personnel Board Step Raises recommending the approval of step raises for the follow- ing employees: Name Effective Edward A. Cooney Accounting Director to Step 5 12/15/70 Heidtke Fireman to Step 5 12/13/70 'Paul Felix Noriega Police Sergeant to Step 5 12/7/70 Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to approve the recommendations. Notice was given that the Planning Commission, by Resolution No. 880, granted a Variance to permit a dis- tance of 5 feet between a dwelling and an accessory building, instead of the required 10 feet (Case V-258 - Edwin McGuigan) on property at 620 West 5th Street. Notice was also given that the Planning Conmission, by Resolution No. 881, disapproved a change of zone from C-2 to R -3b on property at 791 So. Azusa Avenue (Case Z-160 - M. I. Siskin); appeal from denial has been received and hearing before Council has been set for 12/7/70 at 7:30 p.m. The Planning Commission submitted a memo, together with a copy of a communication from the City Attorney relative to the new State law pertaining to the use of the Variance to permit a use otherwise prohibited in a given zone (Land Use Variances). The Planning Commission approved the amendment to Section 9231.13 (Variances) of the oning Chapter of the Municipal Code, to coincide with ttariances. he State Code which prohibits the granting of land use No longer will it be possible to authorize by variance a use of property which is not permitted in the zone in which the property is located. A change of zone proceeding will be required to rezone the prop- erty to a zone which permits the desired use. The City Attorney stated he could prepare an Ordinance for introduction at the 12/7/70 meeting if Council so desires, and it will not require a publin hearing because it does not affect the land use of any existing property. Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried to authorize the City Attorney to prepare the necessary Ordinance. An Ordinance was presented for second reading and adoption, amending Section 3200.48 of, and adding Sec- tion 3200.48a to, the Municipal Code re: blocking of vehicular traffic by railway trains or railway cross- ing signals. Councilman Decker offered for adoption the Ordinance �ntitled: 9N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 3200.48 OF, AND ADDING SECTION 3200.48a TO, THE AZUSA MUNICIPAL CODE, RELATING TO THE BLOCKING OF VEHICULAR TRAFFIC BY RAILWAY TRAINS. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried by roll call that further read- ing be waived. Moved by Councilman Decker, seconded by Councilman Snyder that the Ordinance be adopted. Ordinance passed and adopted by the following vote of Council: P.C.Res.88o rtg.Var. v-258 - E.McGuigan) P.C.Res. 881 disapp.zone change (Z-160 M.I.Siskin); appeal reed. & hrg. 12/7/70 Recom. to amend Sec. 9231.13 "Var." of MC to coinc. w/State Code (C.Atty. to prep.Ord.) Ord. #1004 amend. Sec. 3200.48 & add. 3200.48a,•MC, re: blocking of vehic.traff by rwy.trains 1 1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 7 AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Ordinance 1004. An Ordinance was presented f^r introductory first read- lst. rdg.Ord. ing, amending Sections 9100.17, 9206, 9209.10, and 9210.10 amend. Secs, ,of the Municipal Code re: condominium developments. 9100.17,ete. of MC re: con - Councilman Clark offered for introductory first reading dominium an Ordinance entitled: developments AN ORDINANCE OF THE CITY COUNCIL OF THE CTMV OF ARITeA AMENDING SECTIONS 9100.17, 9206, 9209.10 and 9210.10 OF THE AZUSA MUNICIPAL CODE RELATING TO CONDOMINIUM DEVELOP- MENTS. Moved by Councilman Clark, ^onded by Councilman Snyder and unanimously carried by roll call that further read- ing be waived. A Resolution was presented, changing the complement of Res. #5797 the Accounting Department by substituting 1 Acccunt changing Acctg. Clerk for 1 Intermediate Typist Clerk. Dept.comple.by subst. 1 Account Councilman Rubio offered the Resolution entitled: Clerk for 1 Inter.Typ.Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 4693, AS AMENDED BY RESOLUTION 5750, RELATING TO THE TABLE OF ORGANIZATION AND COMPENSA- TION IN THE SEVERAL DEPARTMENTS OF THE CITY. oved by Councilman Rubio, seconded by Councilman Decker nd unanimously carried that further reading be waived. oved by Councilman Rubio, sep.onded by Councilman Decker that the Resolution be adcpted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 5797. The monthly reports from Departrgents, Boards, and Monthly Commissions were presented by the City Administrator. Reports Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to receive and file. The City Administrator submitted his recommendation Appt. M.W.Wells of the appointment of Michael W. Wells as Director as Dir.of P.W., of Public Works, probationary, at Step 1 of Range 132, eff. 11/17/70 effective 11/17/70. Mr. Wells was #1 on the eligibility list for Director of Public Works, which list was certified by the Personnel Board. ("/7/7a) �t p.ca L 4 f.� 7K_T ,. A request was submitted by the City Administrator for C.Adm. auth. to attend the meeting of the League of to attend mtg. Cuthorization alifornia Cities Committee on Annexation, to be held LCC Com. on n San Francisco on 11/24/70. Annex., San Fr. Moved by Councilman Snyder, seconded by Councilman Clark and unanimously carried by roll call that the request be granted. A request was received from the Police Chief for Req.by Pol. introduction of an Ordinance amending Section 3400.5 Ch.for amend - by the addition of a subsection of the Municipal Code ing Ord, to set setting forth the authority to establish a curfew forth auth. to during emergency conditions. estab.curfew during emerg. conditions AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 8 The City Attorney explained thatthis simply authorizes the imposition of a curfew at times of emergency or disaster, and empowers the Director of Civil Defense and .Disaster to order this curfew. The Mayor has the sole authority to proclaim a local disaster. It was noted that the City did not have such an Ordinance, and should a disaster be declared from natural or man-made causes, this would be beneficial for the protection of property and personal life. After discussion, an Ordinance was presented for intro- ductory first reading, amending Section 3400.5 of the Municipal Code relating to the powers and duties of the Director of Civil Defense and Disaster. Councilman Decker offered for introductory first read- ing an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 3400.5 OF CHAPTER 4 OF THE AZUSA MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF CIVIL DEFENSE AND DISASTER. Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried by roll call that further read- ing be waived. The City Administrator presented a letter from Earl H. Bond, Executive Director of San Gabriel Valley Family YMCA,regarding the expansion of the YMCA program in the City and possible use of college students on.a work- tudy program, with request for approval of Council. r. Bond addressed Courpil, stating basically that the YMCA is planning to get together with the Park and Rec- reation Commission, and the School District, to see what programs could be available to the City which would not be duplicates of already existing programs. Moved by Councilman Decker, seconded by Councilman Rubio and unanimously carried to refer the letter and request to the Park & Recreation Commission and the Director of Parks and Recreation. 1st rdg. Ord. amend.Sec. 3400.5 of MC re: powers & duties of Dir. C.D. & Dis. Req.by SGV Family YMCA to expand its program in City Acting City Engineer Wells presented each Councilman Certif.apprec. with a study of the City's Bikeway System, prepared by to be pres.l2/7/7 an Eagle Scout candidate. He requested that a certificate for study of of appreciation be given to the young man at the 12/7/70 Bikeway System meeting for his study of the City's bike routes. by Eagle Scout candidate It was the consensus of Council that such a certificate be prepared, and that this be made a formal part of the Agenda at the next Council meeting on 12/7/70. he City Administrator suggested that it be called he Harry Wharton Bikeway, and Council felt this hould be presented to the Chamber of Commerce inasmuch as they are the ones who established the Bikeway. The City Clerk read in full a Resolution authorizing payment of warrants by the City. Councilman Decker 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. Suggest "Harry Wharton Bike- way" Res ., #5798 Bills & Reqs. AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 16, 1970 Page 9 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, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 579$. Laoved by Councilman Decker, seceded by Councilman Rubio Adjourn nd unanimously carried that the meeting be adjourned. Time of Adjournment: 10:22 p.m. r-Cityi -- Next Resolution #5799 Next Ordinance #1005 1 C: