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HomeMy WebLinkAboutMinutes - December 18, 1972 - CC1 u 1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, DECEMBER 18, 1972 7:30 p.m. 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 Call to Order salute to the flag. Invocation was given by Rev. Albert Duggan of St. Frances of Rome R.C. Church. Present at Roll Call: Councilmen: Decker, Snyder, Clark Solem Absent: Councilmen: Rubio (excused at 12/4/72 meeting). Also Present: City Attorney Wakefield, City Administrator Dangleis, Director of Public Works Wells, Water Utility Superintendent Grosdidier, Police Chief Elkins, Fire Chief Torrance, Director of Parks & Recreation Guarrera, Associate. Planning Director Fitzsimmons, Accounting Director Cooney, City C1e.rk�Klarr The Minutes of the meeting of December 4, 1972, were submitted to Council. City Clerk Klarr noted a correction to be made on page 6: motion to be added after third paragraph, "Moved by Councilman Clark, seconded by Councilman Rubio and unanimously carried to receive and file". The Minutes were approved as corrected. A communication was presented from Mrs. Leonard M. Tyko, 916 Citrus Edge, stating that there had been no response from the City regarding the claim against the City, submitted in September, 1972, for alleged damage due to sewer backup into their home. She further indicated that another backup had occurred since the first occasion and that the City had.dug up the street and put in new pipes. The City Clerk provided Council with a memo stating that the claims of Mr. and Mrs. Leonard Tyko and Mr. and Mrs. Blaine`E. Larsen against the City of Azusa had been rejected by Council on 9/18/72 and referred to the City's Insurance carrier. The insurance carrier had not responded to the claims, even though they had determined that the City has no responsibility. At the request of the City Clerk's Office, the insurance company had subsequently notified the parties of its determination and copies of the letters are now on file with the City. Invocation Roll Call Appvl Min. 12/4/72 as corrected Commun.re: claims vs.City for alle- ged propty.damage due to sewer water backup (reected by Cncl 9/19/72) The Director of Public Works addressed Council and explained some of the history of the problem. He indicated that the sewer backup had been caused by roots in the sewer line coming from the Larsen's trees. He stated that the City had attempted to rectify the matter after the first occasion by cutting the roots inside the sewer line. After the second occasion, they removed the section of line entirely and replaced it with a plastic pipe to prevent roots from growing back into the pipe. Leonard Tyko, 916 Citrus Edge, addressed Council and described the problem he had faced with the sewer backup. The City Administrator informed Council that Mrs. Tyko had talked with him on the phone and she had been advised that the second occasion would require a second claim against the City. The City Clerk offered to mail claims forms to the Tyko's, and Mrs. Tyko stated, from her seat in the audience, that she already had received copies. 1 AZUSA AUDITORIUM AZSUA, CALIFORNIA MONDAY, DECEMBER 18, 1972 Concern was expressed by Council with regard to the incon- venience and the expense incurred by Mr. and Mrs. Tyko and they felt that the matter should be pursued. The City Attorney stated the appropriate procedure would be to wait until the second claim is filed and, at that time; have a report from the Director of Public Works to be submitted with the claim to the insurance carrier, with a request for payment, if it appears to be the responsi= bility of the City. MEMO Moved by Councilman Clark, seconded by Councilman Decker and unanimously carried to receive and file. A Resolution was presented, designating and establish- Res. #6048 Ing a single taxation district for the fiscal year desig. Tax6- 1973-74, to include Easterly Annexation District No. 73 tion Distr. to the City, which was effective 11/6/72. for 1973-74 Councilman Decker offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DESIGNATING AND ESTABLISHING TAXATION DISTRICT FOR THE FISCAL YEAR 1973-74. Moved by Councilman Decker, seconded by Councilman Clark and unanimously carried that further reading be waived. Moved by Councilman Decker, seconded by Councilman Clark that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem Councilmen: None ' 'NOES: ABSENT: Councilmen: Rubio and numbered Resolution 6048. A Resolution was presented, withdrawing Easterly Annexa- Res. #6o49 with - tion District No. 73, effective 11/6/72, from the drawing Easterly Consolidated County Fire Protection District. Annex.Dist.#73 from Cons.County Councilman Clark offered the Resolution entitled: Fire Prot.Dist. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DESCRIBING A CERTAIN PORTION OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE CITY OF AZUSA AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried that further reading be waived. Moved by Councilman Clark, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6049. A Resolution was presented, applying to the Department Res. #6050 of Finance for an estimate of population increase in the apply.to Dept. City and authorizing the execution of an Agreement with Finance for. said Department. pop.est. & auth. exec.of Councilman Snyder offered the Resolution entitled: Agreement AZUSA AUDITORIUM AZUSA; CALIFORNIA MONDAY, DECEMBER 18, 1972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPLYING TO THE DEPARTMENT OF FINANCE FOR AN ESTIMATE OF THE INCREASE IN POPULATION OF THE CITY AND AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT WITH SAID DEPARTMENT. Moved by Councilman Snyder, seconded by Councilman Decker and unanimously carried that further reading be waived. 'Moved by Councilman Snyder, seconded by Councilman Decker that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: 1 1 AYES: Councilmen: Decker, Snyder, Clark, Solem . NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered "Resolution 6050. Notice was received from Alcoholic Beverage Control of Person -to -Person and Premises -to -Premises Transfer of an On -Sale General (Public Premises) License from E. V. & J. N, Krager to William A. Beattie, for premises at 636 N. Azusa Avenue, known as "Crown & Thistle Public House". Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried to receive and file. A recommendation was submitted by the City Clerk for the approval of the request of the Accounting Director that Mrs. Doris Moore, Account Clerk, be given additional sick leave from December 18, 1972, to January 2, 1973. Mrs. Moore has recently had major surgery, has used all of her vacation, and has received a 12 -day extension of sick leave. This additional request would complete the period of time her doctor has required for recuperation. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried to approve the request. A request was received from Accounting Director Cooney for permission to attend the annual Conference of the California Society of Municipal Finance Officers, to be held February 1-3, 1973, in San Mateo, with advance accountable expenses in the amount of $150 (funds available). Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried by roll call to approve the request. The City Treasurer's Financial Statement was submitted, showing a balance of $1,168,079.95 as of November 30, 1972. Pa ge 3 ABC Notice: 3� NAzusa Ave. (Crown & Thistle Public House) Mrs.D.Moore, Account Clerk in Acctg.Dept., granted ext.of sick leave Acctg.Dir. auth.to attend Conf.Calif. Soc.of Mun. Fin.Officers, 2/1-3, 1973, w/acct.exp.of $150 City Treas. Fin.Statement Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to receive and file. A communication was received from the Personnel Board, Step Raises recommending approval of step raises and/or permanent status for the following employees: Name To Status Effective J. Guarrera Dir. of Pks.& Rec. Perm.Status (no incr.) 12/12/72 E. Bath Secretary Perm.Status incr.) 73 i30/72 F. Diaz Civil Engr. Asst. Step F. Corrales Maint.Man I Perm.Status (Step 2) 12/29/72 J. Mejia Ther.- Team Ldr. Perm.Status (Step 2) 12/26/72 R. DeZure Ther.- Team Ldr. Perm.Status (Step 2) 12/19/72 K. Torres Comm. Wkr. Perm.Status (Step 2) 12/19/72 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, DECEMBER 18, 1972 Page 4 Moved by Councilman Snyder, seconded by Councilman Decker and unanimously carried to approve the recommendations. The City Administrator distributed copies of proposed Cncl.to study revisions to job descriptions approved by the Personnel propo.revis.to Board at its meeting of 12/12/72, for study by Council job descrip. before its next meeting. No action taken by Council. appvd.by P.B. 'Notice was given that the Planning Commission, by Resolu- P.C.Res.#1029 tion No. 1029, recommended zone change from C-3 to R -3a recom.zone on property located on the south side of Alosta Avenue, change fr.0-3 from 192 to 638 feet east of Calera Avenue (Case Z-169 to R -3a (Z-169 Frederick Moller & Azusa Pacific College); hearing F.Moller & Az. before Council has been set for 1/2/73 at 7:30 p.m. Pac.College); hrg.before Cncl. 1/2/73 Noticevas also given that the Planning Commission, by P.C.Res.#1030 Resolution No. 1030, conditionally ranted a Variance cond.grtg.Var. to permit a reduced rear yard of 16Z feet instead of (V-332 - Wm. the required 25 feet, on property located at 129 N. Rhodes) Edenfield Avenue (Case V-332 - William Rhodes). No action taken by Council. Notice was further given that the Planning Commission, P.C.Res.#1031 by Resolution No. 1031, granted a Variance to permit rtg. Var. waiver of the two -car garage requirement, on property �V-334 - M. located at 954 W. Bayless Street (Case V-334 - Manuel Magallanes) Magallanes). No action taken by Council. A memo was received from the Planning Commission re: Hrg.before prezoningg of propertyat 18331 E. Foothill Boulevard Cncl. on pre - from RA -8000 (Countyto R -3a (Case Z-170 - Monrovia zoning of Nursery Co.). After holding a public hearing, the Case Z-170 Planning Commission made no decision because it felt (18331 E. that the full area should be considered, and not just Foothill Blvd.) a portion, in prezoning. to R -3a, set for 1/15/73 @ Council discussed the matter of prezoning on the 7:30 p.m. parcel in question because this was a parcel to be annexed in the very near future. It felt that delay in the prezoning process now would be an expensive delay for the developer and would postpone the annexa- tion of the property. Mr. 0. W. Norris, representing the developer, Olympus Pacific Corporation, appeared and urged Council to expedite the matter as soon as possible. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried to set the matter of prezoning for hearing before Council on 1/15/73 at 7:30 p.m. The Planning Commission submitted, for Council considera- P.C,submitted tion, a memo relative to the adoption of certaii. standards Enforcement for Enforcement Procedures for zoning violations. Proced.(zoning violations) After discussion, no action was taken by Council. for Cncl.consid. 'The prior matter brought up the concern of Council Ltr. to be for the slow response by the District Attorney's Office signed by Mayor in prosecuting violators of the Municipal Code. This & sent to Sup - matter was emphasized by the fact that the District ervisor Schabaru Attorney's Office had not responded to a communication protesting non - from the City concerning inordinate delays in prosecut- response of D.A. ing violators of the Building Abatement Order. to communica- tions by Cty.re: M.C. violations 1 1 J AZUSA AUDITORIUM AZUSA, CALIFORNIA Discussion was held with regardto the by the District Attorney's Office and what could be done to make enforcement Ordinances more effective. MONDAY, DECEMBER 18, 1972 lack of response questions as to of Municipal Moved by Councilman Decker, seconded by Councilman Clark and unanimously carried that a letter be prepared by the City Attorney for the signature of the Mayor, to be sent to Supervisor Schabarum, protesting the non -response of the District Attorney and his staff to prior communications by the City. A Resolution was presented, asking the Board of Supervisors to approve Northern Annexation District #72 (Revised) under a separate article of the annexation laws which permits annexation of City -owned land contiguous to the City (Reservoir site). Councilman Clark offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, PETITIONING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO ANNEX TO THE CITY OF AZUSA THAT CERTAIN PROPERTY INCLUDED IN NORTHERN ANNEXATION DISTRICT 72 (REVISED) TO THE CITY OF AZUSA. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried that further reading be waived. Moved by Councilman Clark, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6051. Page 5 Res. #6051, petitioning Bd./ Superv.to annex to City propty. incl.in Northern Annex.Dist.#72 (Revised) - Reservoir Site A Resolution was presented, denying an appeal from denial Res. #6052 of a Conditional Use Permit to authorize the sale of denying CUP alcoholic beverages (beer and wine) within 300 feet of (C-124 - a residential zone on property located at 325 N. Azusa L. Ciriza) Avenue (Case C-124 - Lucille Ciriza). Councilman Clark offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING A CONDITIONAL USE PERMIT (Conditional Use Permit Cas -e No. C-124 - Lucille Ciriza). Moved by Councilman Clark, seconded by Councilman Decker and unanimously carried that further reading be waived. Moved by Councilman Clark, seconded by Councilman Decker that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6052. A Resolution was presented, denying an appeal from denial Res. x#6053 of a Variance to permit reduced parking of 10 spaces denying Var. instead of 11 spaces, on property located at 325 N. (V-328 - L. Azusa Avenue (Case V-328 - Lucille Ciriza). Ciriza) Councilman Clark offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING A VARIANCE (Variance Case No. V-328 - L. Ciriza) 1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, DECEMBER 18, 1972 Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried that further reading be waived. Moved by Councilman Clark, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6053• The Police Chief submitted a request for confirmation of the appointment of Salvador Martinez, Jr., as proba- tionary Police Officer, at Step 1 of Range 119.5, effective 1/8/73. Moved by Councilman Snyder, seconded by Councilman Clark and unanimously carried to confirm the appointment. A communication was received from the Police Chief, requesting confirmation of the appointment of James M. Hooper and Preston W. Linker as Reserve Police Officers, effective 12/19/72. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried to confirm the appointments. The Police Chief submitted the resignation of Police Officer Donald Brewton, effective 12/18/72. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to accept the resignation. A further communication was received from the Police Chief, requesting confirmation of the appointment of Raymond Lungi, Jr., probationary Police Officer, at Step 1 of Range 119.5, effective 1/1/73. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to confirm the appointment. The Police Chief submitted a request for Lt. Raymond Roth to attend an 80 -hour training course on Organized Crime Intelligence Analysis, to be held at Goleta, from 2/26/73 thru 3/9/73, which course is provided without charge to all participants. Also, P.O.S.T. will reimburse for travel to and from location and will provide for all meals and lodging while at location. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried to approve the request. A request was received from the Director of Parks & Recreation for confirmation of the promotional appoint- ment of Richard Rivera from Park Maintenance Man II to Park Maintenance Leadman, at Step 2 of Range 114.5, effective 12/18/72. 'Moved by Councilman Clark, seconded by Councilman Decker and unanimously carried to confirm the appointment. A request was received from the Director of Public Works for confirmation of the promotional appointment of Patrick Jackson from Custodian to Maintenance Man I in the Street Division, under the Emergency Emploinnent Act Program, at Step 1 of Range 110.5, effective 12/19/72. Moved by Councilman Deeker, seconded by Councilman Snyder and unanimously carried to confirm the appointment. Page 6 11-173) Confirm.appt. S.Martinez,Jr.' proba.Pol.Off., eff. 1/8/73 Confirm.apptS. J.M.Hooper & P.W.Linker as Reserve Po1.Off. eff. 12/19/72 Resig. POI.Off. D. Brewton, eff. 12/18/72 Confirm. appt. R. Lungl,Jr., proba.Pol.Off., eff. 1/1/73 Lt.R.Roth auth. to attend train. course on Organ. Crime Intell. Analysis, at Goleta, 2/26 thru 3/9/73 Confirm.promo. appt.R. Rivera to Park Maint. Leadman, eff. 12/18/72 Confirm. promo. appt. P.Jackson to Ma1nt.Man I, Street Div.,und E.E.A., eff. 12/19/72 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, DECEMBER 18, 1972 Page 7 A communication was received from the Director of Public Confirm.appt. Works, requesting confirmation of the appointment of G. Lopez as Gustavo Lopez as Custodian; at Step 1 of Range 110.0, Custodian,u6der under the E.E.A. Program, effective 12/19/72. E.E.A., eff. 12/19/72 Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to confirm the appointment. 'A Resolution was presented, accepting a Grant of Easement from Praxedes E. Running for electrical utility purposes (6 -ft. strip of land, easterly and northerly of Azusa & San Gabriel Canyon Road). Councilman Decker offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF. Moved by Councilman Decker, seconded by Councilman Snyder and unanimously carried that further reading be waived. Moved by Councilman Decker, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6054. A recommendation was received from the City Administrator for the continuation of the City's participation in the 'County Cooperative Gasoline Purchasing Program. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to approve the recommendation. The City Administrator submitted a Social Security Feasi- bility Study. He noted that the timing factor was such that Council had a month before it had to make a decision. He also noted that Councilman Rubio was interested in this matter and would like to be present when it was discussed. Moved by Councilman Decker, seconded by Councilman Clark and unanimously carried to table this item to the 1/15/73 Council meeting. A report was submitted by the City Administrator and Police Chief re: speed limit of trains operating within the City limits, with a copy of a letter from the City Attorney which explains that the City has no authority to regulate the speed of trains within the City limits, according to the Public Utilities Commission De-ision No. 67887, dated 9/22/64, which establishes a maximum speed of 65 miles per hour for passenger or freight trains operating on the Santa Fe Railway tracks within the City. 'Council informally requested the City Attorney to check out the requirements for protection devices at the crossings in Azusa. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to receive and file the report. Res. #6054 accptg.Gr.Ease. (P.E.Running) for elec.util. purposes City to cont.w/ County CDop.Gas. Purch. Program Soc.Secur. Feas. Study (tabled to 1/15/73) Report re: speed limit of trains operating within City limits AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, DECEMBER 18, 1972 Page 8 A request was submitted by the City Administrator Auth.C:Admih:'s for permission to take the remainder of his vacation time vacation from (5 days), commencing 12/22/72 thru 1/2/73, with the 12/22/72 thru recommendation that Accounting Director Cooney be ' 1/2/73 & Acctg. appointed Acting City Administrator in his absence. Dir: apptd, As Actg.C.Admin. Moved by Councilman Snyder, seconded by Councilman Clark and unanimously carried to approve the request and 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 Decker, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: 'AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6055. Moved by Councilman Decker, seconded by Councilman Snyder Adjourn and unanimously carried that the meeting be adjourned. Time of Adjournment: 9:12 p.m. 77 City Clery Nert Re ution #6056 Next Ordinance #1047 'recommendation. The City Administrator gave a verbal report regarding Report re: the acquisition of the property north of the City Yard, acquisition of for expansion of the electric substation. Negotiations propty north had been held with the owner of the property, an elderly of City Yard lady. An agreement had been reached whereby the City would purchase the property for the sum of $9,000, under certain conditions. The owner would have the right to occupy the property until she vacates or her demise. The City would have full use of the rear one-third of the property and use of the driveway for underground cables. The present owner would lease the property from the City for a token amount. It was his recommendation that the City proceed with the acquisition of the property under these conditions and for the amount specified. Moved by Councilman Clark, seconded by Councilman Snyder and unanimously carried to accept the recommendation of the City Administrator. The City Administrator gave notice of the election for Mayor designated nomination of Watermaster re: litigation entitled to cast votes San Gabriel Valley Municipal Water District, on behalf of ."Upper plaintiff, vs. City of Alhambra, et al., defendants", City at election to be held on Tuesday, 12/19/72, at 10:00 a.m. at the for nomination office of plaintiff district in E1 Monte. The City is of Watermaster entitled to cast a considerable number of votes, and (USGVMWD vs. Council was asked to designate a representative to cast City/Alhambra, the votes on behalf of the City. et al.) Moved by Councilman Clark, seconded by Councilman Decker and unanimously carried to designate Mayor Solem as representative to cast the entitled number of votes on behalf of the City. The City Clerk read in full a Resolution authorizing Res. #6055 payment -of warrants by the City.. Claims & Demands 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. Moved by Councilman Decker, seconded by Councilman Snyder that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: 'AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio and numbered Resolution 6055. Moved by Councilman Decker, seconded by Councilman Snyder Adjourn and unanimously carried that the meeting be adjourned. Time of Adjournment: 9:12 p.m. 77 City Clery Nert Re ution #6056 Next Ordinance #1047