HomeMy WebLinkAboutMinutes - November 24, 1953 - CCS
CITY HALL AZUSA, CALIFORNIA TUESDAY, NOVEMBER 24, 1953 7:00 P.M.
Adjourned meeting
The City Council of the City of Azusa met in
regular adjourned meeting at the above time
and place.
Salute to Flag given by everyone present.
Present at Roll Call: Councilmen Barry, Ortuno,
Johnson, Memmesheimer
City Attorney, Citty Engineer, Roll Call
' City Clerk
Absent: Mayor Jackson
City Engineer Brooks asked if the attorney and council Decision not
had reached a decision on payment of his demands. Mr, made re: pay-
Tsaharner replied that a definite decision had not been ing Engineer's
reached at this time. demands
City'Attorney Tscharner reported on the demands of Mr.
Brooks in relation to the proposed Fire House and Bath Fire House and
House, which had been referred to his office. It was Bath House de -
his opinion that the fee as requested for each project mands not ap
Was not warranted upon the information supplied, and proved
that an itemized statement of work done on the projects
should be submitted.
Mr; Brooks introduced his attorney, Mr. James Nicklin,
1060.Wilshire Blvd., Los Angeles, who felt that the
matter -could best be settled by an impartial arbiter.
Mr"Nicklin pointed out that the Engineer is under con-
tract and as the things which were authorized were not
completed and payment made in regular manner, it was
necessary that bills be submitted. The questions to be Mr. Nicklin
answered are, was the work authorized and if so, what Attorney for
is a'reasonable fee. To arrive at a reasonable fee con- Mr. Brooks
sideration should be taken as to the integrity, ability,
experience, etc. of the -Engineer and the need of various
engineering staff and facilities also the practice fol-
lowed in the field of engineering under a standard form
of contract.
Mr: Memmesheimer suggested a motion should be offered Memmesheimer
that the City Attorney and Engineer with the Engineer's suggests
counsel, meet to compute data that is considered necess- Motion
ary to proceed, and therefore the council will be able
to act upon a settlement.
Mr. Nicklin suggested that perhaps one or two of the
projects could be agreed upon and not held up.
Mr, Tscharner stated that he could give a wiser op-
inion if itemized statements were submitted for study.
Mr, Nicklin stated that a more complete breakdown will
be submitted and felt that an amicable agreement could Breakdown of
be reached between all parties. Mr. Nicklin also wished bills to
to advise council that if any of the projects were to be submitted
proceed Mr. Brooks would assist and any work done by Mr.
Brooks would be credited to the city on that account.
Councilman Barry moved and Councilman Ortuno seconded
' that the motion as previously suggested be adopted. Motion carries
Ayes: Councilmen Barry and Ortuno that Attorneys
Noes:' Councilmen Johnson and Memmesheimer meet
Upon"clatification and re -reading of the motion,
Councilmen Johnson and Memmesheimer withdrew their
no vote and the motion was unanimously carried.
Absent: Councilman Jackson
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CITY HALL AZUSA, CALIFORNIA TUESDAY, NOVEMBER 2$, 1953 7:66 P.M.
Engineer Brooks presented a map of the pro-
posed -Vehicle Parking District for study by the
Map of Parking
council and explained The Debt Limit Report being
District pre -
made based on the petition which had been circulated.
sented
Brooks introduced Mr. Lindman from theioffice of
Ray Lindman from
OlMelveney and Myers who have been retained as spe-
OtMelveney and
cial counsel for the Parking District.
Myers office
The question was raised of moving the Scout Hall,
which is on one parcel of a proposed parking lot,
Question of mov-
to another location with money cushioned from the
ing Scout Hall
sale of'buildings acquired and amount set up for
'
grading.
Mr.' Lindman did not believe this to be legally pos-
sible. City owned property is not part of proceed-
ings. The district is formed to promote parking by
City land not part
levying assessments for acquiring, clearing and
of proceeding
grading. Any city owned land may be used for a park-
ing place by the passing of an Ordinance.
Mr. Brooks gave the estimated cost to the district
at $.75,290.61
Cost of district
Mr, Lindman pointed out that no land could have an
assessment against it greater than the assessed value.
In answer to further questions regarding the moving
of --the Scout Hall, Mr. Lindman said that it is probable
that the district could -'fine' grade the lots instead Way for City to
of a rough grade and by that saving to the city, the move Scout Hall
city would move the Hall.
It was pointed out by Mr. Lindman that the bonds are
levied against the district on the estimate as set up
'by the Engineer. The assessment -levied cannot exceed Levying of 355,of the total assessed value - 35% limit not nec- assessments
essarily on each parcel. The assessment plus any
other unpaid assessment against the parcel cannot ex-
ceed one half of the true value.
The spred of the assessment is made at the end of the
proceedings and at Pubbic Hearings people may protest
and the council may revise --the assessments. If a Majority may stop
majority (of assessed valuation) protest it can stop action
the action.
Forming a district is a public proceeding which the
city --carries on and if the district fails to carry City carries on
the city absorbs whatever costs have been accrued. proceedings
As the debt limit report must be signed by the City
Engineer or'Superintendent of Streets, Mr. Lindman Brooks is City
asked-if'Mr. Brooks is still considered the -City'' Engineer
Engineer. The answer of the Council was that Mr.
Brooks is the City Engineer.
It was moved by Councilman Barry, seconded by
Councilman Johnson, that the present Council indicate
their intention to go forward with the proceedings Motion carries
as the district is outlined now, persuing the course that City proceed
' as now set forth.
The motion carried by the following vote:
Ayes: Councilmen Barry, Johnson, Memmesheimer
Noes: None
Absent:. Councilman Jackson,
Councilman Ortuno disqualified himself for voting as Ortuno disqualified
possibly,being considered having an interest in some himself
of the property to be acquired.
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CITY HALL AZUSA, CALIFORNIA TUESDAY, NOVEMBER 24, 1953 7:00 P.M.
Mr;'Franklin Hamilton also from the Offices of Mr. Hamilton
O'Melveney and Myers was introduced and answered introduced
questions regarding 1911 Act proceedings.
Mr. Brooks announced that engineers from Rawn►s -
office were to meet with city officials at the sewer City Engineers in -
plant to inspect and to evaluate the use of the spect_sewer plant
plant if the county should take it ov4r if the bond
issue for the Sanitation District should be successful.
' The -City Clerk asked for clarification at to the reso-
lution passed regarding retroactive pay. It was de- Classification of
tided that the peridd to be considered would be from retroactive pay
July 1, 1953 to December 1, 1953.
Because of the completion of the probationary period
of 'four patrolmen, Acting Chief F. Williams requested
that five men be appointed from the civil service list
effective December 1, 1953 as atrolhien at the first Five patrolmen
step',1305. per month, plus as
is to be recommended
incorporated in all salary steps; The'men-recommended
are: J: E. Enhart, Charles Neer, Donald Ryle, John
Sommer and Leonard Steele. Ryle, Sommer and Steele to
be probationary patrolmen.
Moved -by Councilman Barry, seconded by Councilman Ortuno Recommendation
that the recommendation of the Acting Chief be accepted. accepted
Motion passed by the following vote:
Ayes: Barry, Ortuno, Johnson, Memmesheimer
Noes:" None
Absent:, Councilman Jackson
A communication was received signed by Acting Chief of
Police Williams regarding'an intengive and comprehensive
Police
training course -to be established for all members of the
training course
Police department. Attendance would be compulsory and
to be
the duration of the course would be approximately 72
established
weeks.
It -was moved by Barry and seconded by Ortuno, that the
training course shall continue along the lines started
and that it shall be set up as soon as possible.
The motion carried by the following vote:
Ayes: Councilmen Barry, Ortuno, Johnson, Memmesheimer
Noes: None
Absent:- Councilman Jackson
Councilman Ortuno, spoke in reference to the rezoning of
This council
certain land north of Azusa which had previously been be-
in accord
fore the -council, In checking, he had found that there
-several
against rezonirl
were people opposed to the rezoning, instead, as
land north of
he was led to believe there was no opposition.
Azusa
Moved'by Councilman Barry, seconded by Councilman Ortunol,
that this council be in accord with, and approve Resolu-
tion No. 2874 as passed by the council on October -5. 1953.
The Mo$ion carried by the following vote:
Ayes.;_ Councilmen Barry, Ortuno, Johnson, Memmesheimer
Noes: None
Ansent: 'Councilman Jackson _
Councilman Memmesheimer requested the appointment of two
sergeants for the Police department..'These appointments
had been tabled. The
Request to app -
previously men requested were J.
pcint,.two st%-
Warren -and Elkins, Councilman Memmesheimer pointed out
geants -
that"Warren is at present assigned as assistant Investigator Warren and
at sergeantts pay and it was his"recommendation that Warren Elkins
be`given'the classification of Sargeant. Elkins who has
served on the force for about seven years would be used as
an instructor in the proposed training course.
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CITY HALL AZUSA, CALIFORNIA TUESDAY, NOVEMBER 24, 1953 7:00 P.M.
Moved by Councilman Ortuno, seconded by Council-
man Johnson that the recommendation of the Police Recommendation
Commissioner be accepted and that the City Attorney for Sergeants
be -'instructed to draw up the resolution of appoint- accepted
ment effective December 1, 1953.
_Motion passed by the following vote:
-Ayes: Barry, Ortuno, Johnson, Memmesheimer
Noes: None
Absent: Councilman Jackson
' The City -Clerk reported on the contract for chlor-
ine gas which had been made with Luippold Engineer-
ing-Sales--Company
ngineer-
ing Sales Company for the previous year.)and that Chlorine gas
proposed for next year. Also presented was a bid contracts
from Topp Chemical Co. The prices quoted by both
companies were the same.
Moved by Councilman Barry, seconded by Councilman
Johnson and unanimously carried, the contract -for Contract to
supplying chlorine gas to the city for the year Luippold'Eng.
1954"shall be given to Luippold Engineering Sales Sales Co.
Company, Absent: Councilman Jackson
A letter from the Bill of Rights Commemoration Com-
mittee was received requesting the Mayor to proclaim Bill of Rights
December 9-15, 1953 as BILL OF RIGHTS WEEK. week
Moved by Councilman Barry, seconded by Councilman
Ortuno, that the Mayor be authorized to adopt and
sign the proclamation setting forth December 9-15
as BILL OF RIGHTS WEEK. Motion carried unanimously.
Absent: ^Councilman Jackson.
The -National Safety Council submitted forms to be Safety Council
filled out're: Inventory of Traffic Safety referred to Police
' Activities. _ Department
Moved by Councilman Barry, seconded by Councilman
Ortuno and duly carried that the communication from
the Safety Council be referred to the Police Depart-
ment. Absent: Councilman Jackson.
A request was received from Michael M. Schauer to Patrol Service
start a Patrol Service in Azusa. On motion of Council -business license
man Barry, seconded by Councilman Ortuno and duly referred to Atty.
carried, this request be referred to the City Attorney & Police Commis -
and the Police Commissioner for study and_recommenda- sioner
tion-. Absent: Jackson.
Letter, from County Board of Supervisors re: Smog Smog letter filed
resolution, was ordered filed.
Dave'Miranda requested additional hours of employ-
ment submitting a letter showing doctor's approval
for three months' trial period. Councilman
Memmesheimer moved, seconded by Councilman Oetuno Dave Miranda
and duly carried that the matter be referred to the
Public Works Commissioner, Absent: Councilman
Jackson.
Moved`by Councilman Memmesheimer, seconded by Council -Kaiser Engineers
man-Ortuno, and unanimously carried that the letter re: sewer plant
from Kaiser Engineers regarding sewage treatment works referred to
study' -be referred to Commissioner of Public Works, Com'nr, Pub.Wks.
Moved,by Councilman Ortuno, seconded by Councilman
Barry, and unanimously carried that the bills and Bills and
requisitions be paid. requisitions
Due to the inability to receive prices from all companies Motion to
it was -moved by Councilman Barry, seconded by Councilman advertise for
Ortuno, and duly carried that the motion to advertise for trucks rescinded
truck bids, for Light and Water Department which were to
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CITY HALL AZUSA, CALIFORNIA TUESDAY, NOVEMBER 24, 1953 7:00 P.M.
be opened December 7, be rescinded.
Moved by Councilman Ortuno, seconded by Councilman Johnson
and duly carried, meeting adjourn until December 7, 1953
at 7:30 PM,
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GENERAL
FUND
'
6593
St. Frances of Rome Church
$30;00
6594
James Miller
2:00
6595
Fred E.'Williams
9:00
6596
Elsie H. Foskett
71.00
6597
J, Arthur -Wolfe
473.80
6598
Mae A. Hynes
262.50
6599
L. G. Memmesheimer
20.11
6600
Martha M. Johnson
11:04
6601
Steel Furniture Manufacturing Company
57.36
6602
U. S. Post Office
38.98
6603
Thelma L. Saxton
11.65
Moved by Councilman Ortuno, seconded by Councilman Johnson
and duly carried, meeting adjourn until December 7, 1953
at 7:30 PM,
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