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HomeMy WebLinkAbout08/20/1970393' COMMUNITY CENTER BUILDING 5050 NORTH IRWINDALE AVENUE IRWINDALE, CALIFORNIA THURSDAY AUGUST 20, 1970 7 30 O'CLOCK P M Meeting adjourned to 7 40 awaiting a quorum of the Council The City Council of the City of Irwindale met in regular session at 7 40 p m , at the above place Following the Pledge of Allegiance to the Flag of our Country, the meeting was opened with an invocation by City Manager Douglas FLautt ROLL CALL Present Councilmen Breceda, Chico, Diaz, and Mike Miranda Absent Councilmen Pat Miranda Councilman Diaz moved, seconded by Councilman Breceda to excuse Councilman Pat Miranda from this meeting, since he is out of town on vacation Also present City Manager Douglas FLautt, Attorney Jack White(replacing Attorney Martin, who is on vacation), City Engineer W J Lockman, Lieutenant Provenza, and City Clerk M Barbosa, and ex -officio Planning Commissioner E Ornelas DEPARTMENTAL REPORTS i The following departmental reports for the month of July, 1970, were received and filed a City Administrative Office 1 Absence Record of all employees, 2 Balance Sheet - all funds as of June 30, 1970, b Library, C General Government Building & Grounds, d Public Works Department, e Police Department, f Recreation Department, g Fire Department, h Service Yard APPROVAL OF MINUTES The minutes of July 30, 1970, OF PREVIOUS MEETINGS J regular adjourned meeting, were presented for approval Councilman Chico moved, seconded by Councilman Diaz to waive reading Carried unanimously Councilman Chico moved, seconded by Councilman Breceda to approve minutes, as presented Carried unanimously It was noted that the minutes of August 14, regular adjourned meeting, were pending APPROVAL OF WARRANTS Warrant Register No 235, for the & DEMANDS month of August, 1970, was presented for approval Upon question from Councilman Diaz, Warrant No 13950 to Louis W Granieri and Associates was for depositions in the election contest Tapia vs Diaz et al Upon question from Councilman Diaz regarding purchasing the uniforms from Louis the Tailor, the City Manager stated this matter was put to a vote of the officers and they wished to purchase their uniforms there Upon question from Councilman Breceda on Warrant No 13982 to the Show House, the City Manager explained this warrant was for four different occasions The biggest part being for the committee on reclamation of pits and they had had a very fruitful meeting 33: Regular Council Meeting August 20, 1970 Councilman Breceda moved, seconded by Councilman Chico to approve Warrant Register Carried unanimously PAYROLL REGISTER Payroll Register No 234, for the RATIFICATION month of August, 1970, was presented for ratification Councilman Chico moved, seconded by Councilman Breceda to approve, as presented Carried unanimously PUBLIC HEARING LANDSCAPING REQUIREMENTS ✓ Public Hearing continued from FOR INDUSTRIAL (M) AND �4 May 21, 1970, to consider an QUARRY (Q) amendment to the Irwindale Zoning Code so as to specify the Landscaping requirements for Industrial (M) and Quarry (Q), as recommended by the Planning Commission Councilman Diaz moved, seconded by Councilman Breceda to continue public hearing for 90 days, which is November 19, 1970, and that the Council be ready for the question, all necessary work be done on the quarry ordinance prior to this Carried unanimously COMMISSION CONSIDERATION PARK & RECREATION ,50 The Park & Recreation Commission COMMISSION MINUTES minutes of July 8, 1970, which were presented for information, were received and filed PLANNING COMMISSION The Planning Commission minutes MINUTES of July 28, 1970, which were presented for information, were received and filed COMMUNITY REPORTS The following notices, which were mailed to all residents and City Employees, were received and filed ✓�, a Job Opportunity for Police Officer, 4-b Carnival in the Recreation Department, jrc Disneyland Trip by the Youth Advisory Council and Recreation Department, d Beach Trip on Friday, August 21, 1970, re Cake Decoration Class, if September Fiesta Parade, "g Irwindale Library Eighth Annual Library Art Show ORAL PUBLIC APPEARANCES ORDINANCE NO 238 Joe Tintary, 15855 E Edna Place, RE GAMBLING `^ Irwindale, California Mr Tintary appeared and stated that he was in receipt of a letter dated August 19, 1970, from the City of Irwindale in reference to Ordinance No 238 He felt the Ordinance was discriminatory It was his desire to comply with all instructions to the very letter of the law He called to the Council's attention to the last paragraph of said letter which Attorney Jack White read in full, which read as follows 3`0 Regular Council Meeting August 20, 1970 "We hereby wish to inform you that it is the intent of the City Council to apply Ordinance No 238 to any and all gambling operations conducted in violation thereof, regardless of the date such operations were commenced Pursuant thereto, our office, at this time is prepared to seek any and all court relief available to enforce the provisions of Ordinance No 238 against any gambling prohibited therein which is conducted at the "Royal Lodge" or any other place within the City of Irwindale" Therefore, Mr Tintary felt the Council should adhere to those same instructions In this respect he placed attention to the local fiestas, mainly the forthcoming September City Fiesta and Our Lady of Guadalupe Church Fiesta, who will be conducting gambling and the raffling of an automobile within the boundaries of the City He felt Ordinance No 238 should be applied equally Mayor Mike Miranda assured Mr Tintary that it would be applied equally to all REQUEST FROM V F W TO -)v Councilman Breceda stated it had been SELL BEER AT SEPTEMBER - decided at a V F W meeting last CITY FIESTA Sunday to request permission to sell beer off the park grounds during the September City Fiesta Councilman Pat Miranda, who is commander, was not present to make a formal request Perle Tintary, 15855 Edna Place, Irwindale Mr Tintary, Acting Commander, appeared, in the absence of Pat Miranda, and requested the Council's permission to sell 'beer on the Burton property Mr Burton had granted his permission, and also the ABC board would grant permission, if the Council authorized it Upon question from the Council, Attorney White stated this was within the preview of the Council to grant this permit After lengthy discussion, Councilman Breceda moved, to grant permission to these people Motion died for lack of a second CITY MANAGER RENEWAL OF RENTAL The City Manager requested renewal AGREEMENT WITH POST of two five-year options with the OFFICE DEPARTMENT post office department for rental of building at 16025 Calle del Norte Councilman Chico moved, seconded by Councilman Diaz to accept the recommendation of the City Manager and approve the option for another five years Carried unanimously Upon question from Councilman Diaz, he was advised that the Postal Department paid for the utilities REPORT ON CONFERENCE The City Manager stated that the PROGRAM FOR OCTOBER program schedule had not been MEETING OF THE LEAGUE formulated and would not be until OF CALIFORNIA CITIES the last of August The League had promised to send a copy of the first available draft of the program In the meantime, choice reservations were running out Councilman Diaz moved, seconded by Mayor Mike Miranda to make ten (10) tentative reservations and advance registrations on the basis that some can be cancelled Carried unanimously Regular Council Meeting August 20, 1970 RESOLUTION FROM CITY OF The City Attorney presented a memo COVINA OPPOSING dated July 22, 1970, concerning a CONSOLIDATION OF COUNTY report on an investigation made WIDE PARKS concerning receipt of resolution from the City of Covina requesting support of their opposition to consolidation of county -wide parks and recreation facilities His conclusion was that consolidation of Local parks and recreation departments into one giant organization would be a step backward if cities were desirous of "home rule" and local control Memorandum was received and filed REPORT ON IRWINDALE The City Manager was pleased to 4 AVENUE report to the City Council that everyone had signed for the widening of Irwindale Avenue, therefore, it would become a reality Councilman Breceda stated his family would be willing to sign, except that a member of his family was on vacation PRESENTATION OF SAFETY The City Manager stated this award PLAQUE TO CITY BY AUTO ✓ had been presented at the last CLUB OF CALIFORNIA meeting for not having had any pedestrian fatalities for the past four years Since there was no quorum at the last meeting, the presentation was being made now Lieutenant Provenza accepted the award for the Chief of Police, who was on vacation PERMISSION TO PROCEED �yy✓ WITH COMPLETION OF NEW PARK AREA AND MATTER OF STAFFING FOR MAINTENANCE This matter to be discussed in a personnel session REQUEST FROM COUNTY The City Manager presented a ENGINEER ✓ letter dated July 2, 1970, from Gordon W Kriegel, regional engineer, from the County of Los Angeles, requesting that the Building and Safety Services be under his supervisor rather than under Mr Lockman, City Engineer The City Manager recommended that this request be denied and retain the same arrangement since this was a routine matters and nothing to do with the staff Councilman Chico moved, seconded by Councilman Diaz to accept the recommendation of the City Manager Carried by the following vote Ayes Councilmen Chico, Diaz and Mike Miranda, Noes Councilmen Breceda, Absent Councilmen Pat Miranda APPOINTMENT OF NEW ✓ The City Manager stated that AUDITOR Mr Rudolph F Silva, CPA, had submitted a letter of proposal for his services, and referred to his letter dated August 5, 1970 In the event that his proposal was acceptable and the City Council retained him, he would like authorization to also negotiate with him on the same basis as was authorized with Mr Charles Cruz to conduct an audit of the excavation tax Regular Council Meeting August 20, 1970 On February 11, 1970, the City Council had retained Mr Cruz at $16 per hour for three (3) days to perform a casual audit of the firms Councilman Diaz moved, seconded by Councilman Breceda to accept the proposal of Mr Rudolph Silva as auditor of the City and authorize to have Mr Silva conduct the audit for the Excavation Tax Carried unanimously AUTHORIZATION OF OVER �.'y The City Manager stated that until TIME FOR LIEUTENANT such time that the two patrolman are replaced, it will be necessary to use the Lieutenant and other officers to fill in from time to time Authorization was requested to pay the Lieutenant when he is required to work an extra shift Councilman Diaz moved, seconded by Councilman Chico to authorize over time pay for the Lieutenant only when he replaces someone for an extra shift Carried unanimously OFFER OF EXCESS PROPERTY The State Division of Highways has BY STATE DIVISION OF 75✓ declared an area, on the west side HIGHWAYS of Irwindale Avenue adjacent to the Foothill Freeway as excess to their needs and has offered to sell or lease the property The City Manager went into detail what the stipulations were if the City decided to enter into such an agreement The City Manager recommended that the City study this proposal further with the idea of considering the leasing of the area as a park strip In the event this is the wish of the City Council, the staff would pursue the matter further and come up with a more conclusive recommendation There was some discussion that it could possibly be used for a mini bike trail Councilman Chico moved, seconded by Councilman Breceda to direct the staff to make further study for acquisition of this property Carried unanimously DISPOSITION OF PROPOSED SICK LEAVE INCENTIVE PROGRAM This matter to be discussed on the November 5, 1970, meeting REQUEST FROM FORMER The City Manager presented a OFFICER FOR COSTS request from Dennis P Wright, former police officer, for costs in making a court appearance on behalf of the City Councilman Diaz moved, seconded by Councilman Chico to accept the recommendation of the City Manager and grant payment Carried unanimously PERSONNEL SESSION 3 The City Council recessed to a personnel session at 9 05 p m , meeting reconvened at 10 00 p m , with all councilmembers present, but Councilman Pat Miranda, who was absent SISTER CITY COMMITTEE The City Manager presented a memo REQUEST FOR FUNDS regarding the request from the Sister City Committee for funds to help defray their anticipated expenses, and also presented a copy of their proposed budget for 1970-71 1 3 CS Regular Council Meeting August 20, 1970 Their anticipated expenses would be $6,000, however, in the meantime they should be allocated some funds for a delegation that is expected some time in October Councilman Diaz moved, seconded by Councilman Breceda that $1500 be allocated to the Sister City Committee until further study for the remainder of the request Carried unanimously The remainder of the request to be discussed on September 17, 1970, meeting "ROYAL LODGE" RE q- ✓ Attorney Jack White read a letter GAMBLING dated August 18, 1970, in full from Joseph Tintary, which Mr Tintary claimed restricted all entities other than the "Royal Lodge" from indulging in the practices outlined in { Ordinance No 238, therefore, they would continue to operate their lodge and pursue certification of the building and other permits required The City Attorney advised the City Council that they had two courses of action, which were as follows 1) bring criminal complaint and arrest Mr Tintary, or 2) institute proceedings and go forward with injunction and declaratory relief After discussion, Councilman Diaz moved, seconded by Councilman Chico that this Council authorize Martin and Flandrick to take appropriate action against Mr Tintary and seek declaratory relief by restraining order Councilman Breceda felt the City was spending too much money for attorney's fees, therefore, would not vote for it Carried by the following vote of the Council Ayes Councilmen Chico, Diaz and Mike Miranda, Noes Councilmen Breceda, Absent Councilmen Pat Miranda � 4 - �lwl kM Upon motion, meeting adjourned at 10 20 p m 1 � Mike Miranda, Mayor ATTEST �//J,�y��/, Marga t S Barbosa, City Clerk A" Minutes approved, as presented, at meeting held i[ September 17, 1970