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HomeMy WebLinkAboutMinutes - November 24, 1953 - CC (2)S 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 OMJFU ;1 ( E .• l� 1 r 1 t 7 r I • 1 I w - 87 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. OMJFU _ _ _ I I 1 00 89 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. UMJFU 1 ' I r r I ® r( r 91 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 UMJFU f 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, 462'1��- M y er o e i y o zusA a 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, 462'1��- M y er o e i y o zusA a OMJFU ,_ _ u