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HomeMy WebLinkAboutMinutes - November 4, 1974 - CC (2)AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 41 1974 7:30 p.m. The City Council of the City of Azusa met in regular session at the above time and place. Mayor Decker called the meeting to order and led in the salute to the flag. Invocation was given by Rev. Paul E. Farrell, First Christian Church. Present at Roll Call: Councilmen: Rubio,Sblem,Cruz, Arkison, Decker Also Present: City Attorney Wakefield, City Adminis- trator Dangleis, Director of Public Works Wells, Director of Parks & Recrea- tion Guarrera, Superintendent of Light & Power Gerharz, Planning Director Fit.+z- simmons, Police Chief Elkins, Fire Chief Torrance, Finance Officer Cooney, Personnel Clerk Forsythe, City Clerk Solis. At the request of the Mayor, the City Administrator introduced the Department Heads who were present, for the benefit of the audience. The Minutes of the adjourned regular meeting of October 241 1974 were submitted, for Council consideration. Councilman Cruz stated that the Minutes did not contain a statement he had made regarding pornography. City Clerk Solis advised that the statement would be ' reproduced from the tape recording and be submitted as an addendum to the Minutes. Moved by Councilman Solem, seconded by Councilman Rubio and unanimously carried to approve the Minutes as sub- mitted, with the understanding that an addendum of Councilman Cruz' statement be added thereto. Call to Order Invocation Roll Call Intro.of Dept. Heads App'vl. Min. 10/24/74 w/ addendum The hour of 7:30 p.m. being the time set for the Public Pub.Hrg. re: Hearing amending the Municipal Code Chapter 15, Section Amend. AMC 15.36.020, relating to the use of mobilehomes, trailers re:Mobilehomes and coaches for temporary office, commercial or manu- facturing purposes, the Mayor declared the hearing open. The City Clerk presented the affidavit of proof of publication of the Notice of this hearing in the Azusa Herald on October 24, 1974. No one in the audience wishing to sppak, it was, Moved by Councilman Arkison, seconded by Councilman Solem and unanimously carried to close the hearing. Moved by Councilman Arkison, seconded by Councilman Solem ' and unanimously carried by roll call to have the City Attorney prepare the necessary Ordinance. The subject on "Town Meetings" that had been tabled from the 10/24/74 meeting, was brought before Council. Requested by Councilman Arkison, that the subject be tabled to the 11/18/74 meeting. "Town Meet irg s" The City Clerk announced that bids were opened in the Bid for prop. office of the City Clerk at 10:00 a.m., on Thursday, appl.for October 243 1974, for the proposal -applications for the franch.on granting of a franchise to construct, operate, and main- Cable TV in tain a CATV system within the City. City AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 41 1974 Page 2 The City Clerk presented the affidavit of proof of publication of the Notice Inviting Bids in the Azusa Herald on 9/12/74. One bid was received as follows: Ken Downes/Associates, 916 Cherrystone Drive, Los Gatos, Ca. Due to the fact that the bid was for a proposal -applica- tion for the granting of a franchise for CATV, Mr. Paul Allen addressed the Council. Mr. Allen stated that because of the context of said proposal, it had been turned over to the City Engineer for study and report to Council. He also advised that there was no time element specified in the proposal, that the actual granting of the franchise would be to a corporation and that the corporation would show financial stability at that time. It was his recommendation that the City Attorney be instructed to prepare the necessary fran- chise Ordinance. Moved by Councilman Rubio, seconded by Councilman Arkison and unanimously carried that City Attorney Wakefield prepare the necessary Ordinance with regard to CATV. The City Clerk presented the claim against the City of Claim: City Azusa by Charles Barrios Gonzales, 1204 South Mayfair, vs Charles Daly City, California; Sam Wesley Berry, 36 Henderson Gonzales,. -Sam Place, Menlo Park, California, and Henry Lee Battle, Berry, Henry 1358 Hollyburne, Menlo Park, California, for the reim- Battle bursement of fines due to arrest. The City Attorney advised the Council that the claim in ' itself was quite unusual in that it is a class action suit not covered through our insurance carrier and that it should be denied. Moved by Councilman Arkison, seconded by Councilman Solem and unanimously carried to deny the claim. The City Clerk presented the claim against the City of Claim: City vs Azusa by George Smith, 565 West °D` Street, Ontario, George Smith California, for alleged damage to property due to arrest of burglary suspects. Moved by Councilman Cruz, seconded by Councilman Arkison and unanimously carried to deny the claim and refer it to the insurance carrier. A proposed Resolution was presented withdrawing from ,Res: #6259 the Consolidated County Fire Protection District, due withdrawing fro to Annexations No. 75 and No. 76. Co. Fire Pro- tection due to Councilman Solem offered the Resolution entitled: Annex. #75 and #76 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 WITH- DRAWN FROM SAID DISTRICT. Moved by Cou!:cilman Solem, seconded by Councilman Cruz and unanimously carried that further reading be waived. Moved by Councilman Soelm, seconded by Councilman Cruz that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 43 1974 Page 3 AYES: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen. None ABSENT: Councilmen: None and numbered Resolution 6259- A proposed Resolution was presented establishing and designating taxation district for the fiscal year 1975- 76 due to Annexations No. 75 and No. 76. Councilman Rubio offered the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DESIGNATING AND ESTABLISHING TAXATION DISTRICT FOR THE FISCAL YEAR 1975-76. Moved by Councilman Rubio, seconded by Councilman Solem and unanimously carried that further reading be waived. Res. #6260 establ.taxation dist.for 1975- 76 fiscal yr., due to Annex. #75 and #76 Moved by Councilman Rubio, seconded by Councilman Solem that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution No. 6260. The City Clerk submitted for Council consideration a Contract w/ contract for the looseleaf supplement service for the Mun.Code Corp. Azusa Municipal Code from the Municipal Code Corporation, for AMC Tallahassee, Florida. supplements The City Clerk advised that there was a difference of $2.00 less per page in price from the Book Publishing Company presently supplying this service for the City. ' The City Attorney has read the contract and had recom- mended that it be executed. Moved by Councilman Arkison, seconded by Councilman Rubio and unanimously carried by roll call that the Mayor be authorized to sign the contract with Municipal Code Coip oration. A communication was received from the Personnel Board, recommending approval of step raises and/or permanent status for the following employees: Name To Status Effective Lesh, A., Equip. Mech. Step 3 11/7/74 Linden, H.,Pol. Off. Step 3 11/14/74 Saran, D., Pol. Off. Step 3 11/14/74 Pedroza, L., Maint.Man II Step 4 11/6/74 Wells, S., Fireman Step 4 11/13/74 Moved by Councilman Arkison, seconded by Councilman Cruz and unanimously carried to approve the recommendation of the Personnel Board. Notice was given that the Planning Commission, by Resolu- tion No. 1166, conditionally granted a Variance to permit a reduced rear yard of 10 feet, instead of the required 25 feet and a reduced side yard of lz feet, instead of the required 5 feet, on the property located at 1119 N. Dalton Avenue (Case No. V-401 Filiberto Arizmendi). No action taken by Council. Notice was given that the Planning Commission, by Resolu- tion No. 1167, conditionally granted a Variance to permit a reduced rear yard of 15 feet, instead of the required 25 feet, on the property located at 932 East Nearfield Street (Case No. V-402 Frank Acquazzino). No Action by Council. Step Raises/ Perm.Status P.C.Res. #1166 cond. approved Var. (Case No. V-401 Filiberto Arizmendi) P.C.Res. #1167 cond.grntg. Var.(Case No. V-402 Frank Acquazzino) AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 4, 1974 Page 4 An Ordinance was presented for second reading and adop- Ord. #1087 tion establishing the zoning of R -3b (Multi le family establishing residential) and C-2 (restricted commercial on Easterly zoning to R -3b Annexation District #77. & C-2, for Annex. #77 Councilman Solem offered for adoption the Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING THE ZONING FOR CERTAIN PREMISES PROPOSED TO BE ANNEXED TO THE CITY (Zone Change Case No. Z -180 - Easterly Annexation District No. 77 - City of Azusa and Azusa Foothill Citrus Company). Moved by Councilman Solem, seconded by Councilman Arkison and unanimously carried by roll call that further reading be waived. Moved by Councilman Solem, seconded by Councilman Arkison that the Ordinance be adopted. Ordinance passed and adopted by the following vote of Council: AYES: Councilmen: Solem, Cruz, Arkison, Decker NOES: Councilmen: Rubio ABSENT: Councilmen: None and numbered Ordinance 1087. An Ordinance was presented for introductory first read- 1st intro.rdg. ing adding Section 5.08.171 to the Azusa Municipal Code Ord.re:adding relating to the revocation and suspension of ambulance Sec. 5.08.171 operator and tow truck operator business licenses. to AMC re:susp., revocation bus. Councilman Solem offered for introductory first reading lic.for amb. & the Ordinance entitled: tow truck oper- ators AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 5.08.171 TO THE AZUSA MUNICIPAL CODE (Capping Ord.) " RELATING TO THE REVOCATION AND SUSPENSION OF AMBULANCE OPERATOR AND TOW TRUCK OPERATOR BUSINESS LICENSES. Moved by Councilman Solem, seconded by Councilman Arkison and unanimously carried by roll call that further reading be waived. A proposed Resolution was presented withdrawing from the Res. #6261 re: County SeNer Maintenance District, due to Annexations withdrawing from No. 73 and No. 76. Co.Sewer Maint.` due to Annex -#73 Councilman Arkison offered the Resolution entitled: & #76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REQUESTING THE EXCLUSION FROM THE COUNTY UNIFIED SEWER MAINTENANCE, DISTRICT OF CERTAIN TERRITORY IN THAT DISTRICT WHICH HAS BEEN ANNEXED TO THE CITY OF AZUSA. Moved by Councilman, Arkison, seconded by Councilman Rubio and unanimously carried that further reading be waived. ' Moved by Councilman. Arkison, seconded by Councilman Rubio, that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYRS: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 6261. An Ordinance was presented for introductory first reading 1st, rdg.Ord. approving the annexation of "Easterly Annexation District re: approv. No. 77" to the City of Azusa. Easterly Annex. #77 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 43 1974 Councilman Arkison offered for introductory first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE ANNEXATION TO, INCORPORATING IN, AND MARKING A PART OF SAID CITY OF AZUSA, CERTAIN TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO, KNOWN AS "EASTERLY ANNEXATION DISTRICT NO. 77 TO THE CITY OF AZUSA. ' Moved by Councilman Arkison, seconded by Councilman Cruz and unanimously carried by roll call that further reading be waived. The City Attorney presented for Council consideration an Ordinance amending the Azusa Municipal Code relating to family style billiard parlors. The City Attorney advised that the Ordinance would amend the Municipal Code so that minors under the age of 18 years, with written consent of a parent or guardian, or accompanied by a parent or guardian, could enter, or visit a family type billiard parlor. The County allows this, and prior to annexation, the establishment at the Ranch Center was operating under these guidelines. He advised that he had checked with the Police Chief and it was ascertained that no problems had been reported at the billiard parlor location and that if it proved to be unsuccessful, then the City Council could amend the section. Councilman Solem offered for introductory.first reading the Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8.16.030 OF THE AZUSA MUNICIPAL CODE, RELATING TO FAMILY STYLE BILLIARD PARLORS. Moved by Councilman Solem, seconded by Councilman Rubio and carried by roll call to waive further reading. Councilman Cruz dissenting. The City Administrator presented a report to Council with regard to termination of the Social Security Program. He advised that at present the City is paying 5.85% in contributions of the first $13,200 earned annually by all personnel other than safety. And that if the program is dropped, as is anticipated, the City would expend part of the same 5.85% in increased State retirement costs, disability income provision and sur- vivor benefits. He advised that all miscellaneous employees had been notified separately of the ramifica- tions of such termination of Social Security and that a vote would be held by all City employees prior to March 31, 1975, advising the Social Security Administra- tion whether or not we wish to terminate or not. The City Administrator requested of Council the authori- zation for himself and Finance Officer to investigate various plans and submit same to Council. He further requested that the City Council commit the City to pro- vide such benefits, if and when the Social Security Program is terminated, not to exceed the percentage amount presently being expended by the City. After discussion, it was Moved by Councilman Solem, seconded by Councilman Arkison and unanimously carried by roll call, to tenta- tively approve the program based on the results of the employees' vote and to instruct the City Administrator and Finance Officer to investigate various plans and report back to Council. Page 5 lst rdi. Ord. re:Amend.AMC Sec.8.1,6.030 Billiard Parlors Report: Social Security termination i 1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 4, 1974 Page 6 The City Administrator submitted a report from the Report:Cost Finance Officer regarding the cost of increased of increased mileage allowances. mileage allowance Councilman Cruz stated that the increased monthly rate for car allowances be given to the employees, as well as mileage reimbursement be up -graded for people who do not get monthly allowances. Moved by Councilman Arkison, seconded by Councilman Cruz to approve the recommendation of the Finance Officer. Motion failed by the following vote of Council: AYES: Councilmen: Cruz, Arkison NOES: Councilmen: Rubio, Solem, Decker ABSENT: Councilmen: None Moved by Councilman Solem., seconded by Councilman Rubio., that the increase !.n car allowances and mileage reim- bursement be brought up at Budget Hearings. Motion passed by the following vote of Council: AYES: Councilmen: Rubio, Solem, Decker NOES: Councilmen: Cruz, Arkison ABSENT: Councilmen: None The Police Chief submitted a report to Council with Rpt.from Pol regard to dance permits, and the fact that the Azusa Chief re: Municipal Code adequately covers all stipulations regard- Dance Permits ing dances. Moved by Councilman Cruz, seconded by Councilman Arkison and unanimously carried to receive and file. The Superintendent of Light and Power submitted the resignation of Rickie Hugaboom, EEA Utility Clerk - Cashier, effective October 11, 1974. Moved by Councilman Cruz, seconded by Councilman Arkison and unanimously carried to accept the resignation. The Director of Public Works presented a proposed Reso- lution accepting a Grant of Easement from the State of California dedicating the sewer easement to the City. Councilman Solem 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 Solem, seconded by Councilman Rubio and unanimously carried that further reading be waived. Moved by Councilman Solem, seconded by Councilman Rubio ' that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen: None ABSENT: Councilmen: None and numbered Resolution 6262. The Director of Public Works submitted a report with regard to street sweeping in the Hunsaker Tract. He advised that due to cars being parked in the area, the street sweeper could not do a thorough job, but that inspections revealed the streets to be fairly clean. Resig.of Rickie Hugaboom EEA Utility- Clk-Cash, eff. 10/11/74 Res. #6262 re: Grant of Easement (adjacent to Foothill Fwy.) Report from Dir.of P.W. re:Street Sweeping in the Hunsaker tract 1 AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 4, 1974 It was his recommendation that the City Council not prohibit overnight parking and that the present practice of selective day time street sweeping and street flushing be extended. No action by Council. Further discussion with regard to parked trucks was brought up, especially that of extended parking, (in excess of 72 hours). The Police Chief is to investigate and report back to Council. The Director of Public Works submitted a status report on traffic signal investigation at the intersection of Sierra Madre Avenue and Azusa Avenue -San Gabriel Avenue. It was the Director of Public Works' recommendation that the City Council authorize him to send a letter to the State assuring them that the City is interested in the traffic signal installation and that Gas Tax Funds are available to finance the City's share. Moved by Councilman Solem, seconded by Councilman Arkison and unanimously carried that the recommendation of the Director of Public Works be approved, with the addition that the State expedite installation of the signal. The City Administrator presented a request from the Planning Director and the Building Inspector to attend a Seminar on California's Noise Insulation Standards, to be held at the Holiday Inn in San Bernardino on November 12, 1974 from 4000 p.m. to 7.30 p.m. The registration fee for this seminar, is $25.00 each and is in the budget. ' Moved by Councilman Rubio, seconded by Councilman Arkison and unanimously carried by roll call to approve the requests of the Planning Director and the Building Inspector. Page 7 Status Rpt.on traffic signal @Sierra Madre & Azusa Ave. -San Gabriel Ave. Req.from Plan. Dir.& Bldg. Insp.to attend Seminar on Ca's noise insulation standards The Finance Officer presented an Amendment to Agreement CETA Amendment with the County of Los Angeles on the Comprehensive to Agreement Employment and Training Act of 1973 (CETA) program. w/ County This amendment increases the nu- er of positions the City has been allowed from five to eight. It was the recommendation that the Mayor be authorized to sign the agreement and the City Clerk to attest there- to. Moved by Councilman Cruz, seconded by Councilman Rubio and unanimously carried that the recommendation be approved. The Finance Officer presented for Council confirmation the hiring of five employees under the CETA Program as follows: Terry Shotrosky, Police Clerk, effective 11/6/74 Mary Urso, Police Clerk., effective 11/6/74 Charles Snyder, Maintenance Man I, effective 11/4/74 Michael Avalos, Maintenance Man I, effective 11/1/74 George Madrigal, Maintenance Man I. effective 11/4/74 Moved by Councilman. Cruz, seconded by Councilman Rubio and unanimously carried to approve the appointments. Planning Director Fitzsimmons addressed the Council and related his findings, to date, with regard to low cost housing Through HUD. He stated that he had contacted the Valley Association of Cities, and was advised that Apprvl.appoint. 5 employees under CETA Program Info.on low cost housing through HUD AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 4,.1974 Page 8 procedures and implementation for administering this program have not been set forth by the Federal Government and it is anticipated that these regulations are b months from being completed and distributed. However, another alternative to low cost ho>>sing that is presently available is that of Section 23 Leaseback. After further discussion, no Council action was taken. 'The City Clerk read in full a Resolution authorizing the payment of warrants by the City. Councilman Solem 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 Solem, seconded by Councilman Rubio that the Resolution be adopted. Resolution passed and adopted by the following vote of Council: AYES: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen: None ABSENT: Councilmen None and numbered Resolution 6263. The City Clerk advised Council that former City Clerk Mae Hynes had recently visited his office. She had been City Clerk for theCity of Azusa from 1921 to 1953. The City Clerk felt that it would be a nice gesture if the City Council would honor her with a Resolution or a plaque as he could find no record that this had been done. ' Moved by Councilman Solem, seconded by Councilman Rubio and unanimously carried that the recommendation of the City Clerk be approved, with the addition that he ascertain if a Resolution and plaque were presented to former City Clerk Jim Miller, and if not, to arrange that it be done. Councilman Rubio informed the Director of Public Works that the alley between 5th and 6th Streets had a number of holes and that same were getting larger and a hazard. The Director of Public Works advised that he would investigate the situation. Councilman Solem also requested information regarding a fence around the Scout Hall. The Director of Public Works is to investigate the matter. Councilman Cruz brought up for discussion the procedures for delivering Councilmen's mail. The City Clerk advised that mail was being forwarded every other day via the ' postal service. Councilman Cruz advised that at times mail forwarded this way was delayed and consequently he had been unable to attend a function as the notice was received too late. It was the consensus of the City Council that Officer Ray Davey hand deliver mail to the Councilmen every other day, in order to prevent similar occurrences. The City Clerk advised the City Council that due to Section 22932 of the Elections Code, it would be necessary to adjourn the Council meeting to November 12, 1974. Res. #6263 Claims & Demands Recognition for former City Clerk Mae Hynes Alley -bet -5th & 6th investi. for damages Fence around Scout Hall Councilmen's mail AZUSA AUDITORIUM AZUSA, CALIFORNIA MONDAY, NOVEMBER 43 1974 Page 9 Moved by Co_.ncilman Rubio, seconded by Councilman Cruz and unanimously carried to adjourn Time of Adjournment: 9:25 P.M. 1 ,j / City Clerk Next Resolution #6264 Next Ordinance #1088 L 1 Adjourn