HomeMy WebLinkAboutMinutes - May 17, 1954 - CC (2)'CITY'HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954
The City Council of the City of Azusa met in regular
session -at the above time and place.
The meeting opened with the Salute to the Flag.
Invocation was given by Rev. Barnhardt.
Roll Call: Councilmen: Fawcett, Ortuno, Johnson,
Romero, Memmeaheimer,
City Attorney, City Engineer, City Clerk
7`:30 P.M.
Mayor Memmesheimer asked if all members had received
minutes of the previous meeting held May 3, 1954 and,if
so, were there any corrections or omissions.
The following corrections were offered: Page 2, the worn
"Eastern" should be placed before "San Gabriel Planning
Committee. Page 3, reference should be made to a "Busi-
ness License" not "Liquor License" regarding Ralph Enter-
prises, Inc. Page 5, the name H. Carpentier should appear
instead of Geo. Cook, regarding American Legion request.
Page 6 regarding the hiring of surveying crews should read
"Mr. Pack and/or others."
The minutes were then approved as corrected.
373
Roll Call
Corrections
Councilman Johnson offered the following resolution
entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, IAS
ANGELES COUNTY, CALIFORNIA, ESTABLISHING THE TEMPORARY Resolution
POSITION AND DUTIES OF A COUNCIL STENOGRAPHER AND FIXING No. 3008 -
HER SALARY. M. Cummings
Moved by Councilman Fawcett, seconded by Councilman Ortuno
-and unanimously carried that the resolution be adopted as
' read and numbered Resolution No. 3008.
The Clerk announced that one bid had been received on the
"sale of a used winch in response to the Notice Inviting Bids,
said bid being from the City of Covina.
Moved by Councilman Fawcett, seconded by Councilman Ortuno and
unanimously carried, that the bid be opened and publicly de-
-clared. Bid submitted
The Cit of Covina submitted a bid of Fifty Dollars on winch
($50.00 accompanied by a certified check in the amount
of 10% of bid ($5.00). ,
Supt. Smith of the Light and Water Department upon questioning,
said'that, in his opinion, it was a good bid as the equipment
was of no value to the City.
Moved by'Councilman Oirtuno, seconded by Councilman Johnson and
unanimously carried, that the bid of theCity of Covina be
accepted. Bid accepted
It was brought to the attention of the Council at this time
that the, contract for garbage collection would expire on June
30, 1954., After discussion it was agreed that the contract
should be for a three year period. Garbage Contra(
Moved by Councilman Fawcett, seconded by Councilman Ortuno,
that the City Clerk advertise for bids for the collection of
garbage.in the City of Azusa, contract to run for a period of
j' three (3) years. Bids to be opened on June 21, 1954.
Mayor Memmesheimer stated that the matter of the business Liquor License
license for Ralph Enterprises, Inc., 102 E. Foothill Blvd. Request
would be the next item of business. Mr. Memmeaheimer was of
the opinion that there were two things to be decided by
the Council.
374-
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375
2
CITY HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954 7:30 P.M.
1. The license that was requested is a license that
must normally be passed by Council action 46cor-
ding to our Ordinance.
2. The license was issued without its having been
property presented to the Council and for that
reason has been issued in error.
City Attorney Tscharner stated that an Order to Show Discussion
Casuse-why the license should not be revoked has been on request
i' served upon the Attorney for the applicant, said Order' of "Ralph
to Show Cause having been set for this evening at 8:00 Enterprises,
o'clock. Inc."
Attorney Wm. Sarnoff, representing Ralph Enterprises
requested a roll call of the City Council but was assured
that a roll call had been mdde at the beginning of the
meeting and a quorum of members was present.
Atty...Sarnoff stated that an Order to Show Cause was
' mailed•to him accompanied by a letter from Mr. Tscharner
affirming a telephone conversation agreeing that the time
set.for the hearing to show cause would be held at 8:00
o'clock May 17, 1954. The letter was postmarked May 11,
1954,, 8:30 A.M. Azusa, California.
Mr..Sarnoff stated that, in his opinion, the burden to show
cause should -be upon the City of Azusa as, what purports to
be a licensesbfuthebCity of Azusa bearing License No. 763
was issued to the Jet Room at 112 E. Foothill Blvd. to Ralph
Enterprises signed by James Miller. Mr. Sarnoff also stated
that,: -if the Council should decide that the license was
issued"in direct contradiction of theCity Ordinance he would
request that this City Council consider the application and
act upon it this night.
Mayor Memmesheimer was called upon to swear in the City Clerk
' as_a witness and was questioned by Atty. Sarnoff and City Atty,
Tscharner. The Clerk, upon request, produced the original of
Ordinance No. 326 after which a printed copy of the same was
allowed to be used. Also submitted and marked "Exhibit No. 1"
was a letter from the -Azusa Police Department signed by Acting
Chief Fred E. Williams regarding Transfer of ON SALE GENERAL
License -request of Ralph Enterprises, Inc. This license would
be for 112 E. Foothill Blvd., now operated as "Warren's Cafe"
Information regarding licensee was included and the notation
that no protest would be filed unless otherwise directed.
Exhibit No. 2, the executed bond form, required by the City of
Azusa for new buinesses, was introduced.
The City Clerk stated, upon questioning, that the approved
minutes of the Councul meeting of Dec. 7, 1953 contained no
reference to the request for license although it appearad as
an -item (No. 16) on the agenda for the meeting and a notation
appeared on the rough notes as taken by the stenographer at
the meeting, but whose notes showed nothing that would indicate
any action having been taken by the Council.
A letter sent to V. E. Hanson, Liquor Administrator, dated
Dec. 22, 1953 was read stating that, because of protests of the
Azusa Ministerial Association, the City Council requested that
if a hearing was to be hled, that it be held in Azusa. In a
letter dated Dec. 28, 1953 the Board of Equalization denied the
request for a hearing in Azusa, basing it's denial on the fact
that the protest was not made by the City Council.
Upon.questioning by the City Attonney, the Clerk stated that
because he had no written application nor record of official
action on the application for the permit, he must necessarily
have been in error in issuing it. It was issued, because, at
-�— the time the Notice from the Board of Equalization was mentioned
1I %
CITY HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954 7:30 P.M.
at Council meeting, there was no action taken and the Clerk
assumed that this meant consent of the Council and the
license was issued after filing of the Bond Form which
had been approved as to form by the City Attorney and Acting
Chief of Police.
Mayor Memmesheimer stated that the question :jasaWhdther==the
.Ordinance was complied with and permission granted by the City
Councilor if it was not granted by the Council and was there-
fore issued in error and is of no force and effect.
' Mayor:Memmesheimer was sworn in and was questioned about the
meeting of December 7, 1953 stating that no action was taken
on the matter at that -time. At a future meeting, because of
the'number of people represented by the Ministerial Union and
that there was a protest, he felt a letter should be sent to
the Board of Equalization asking for a hearing in Azusa, if a
hearing were held.
The Mayor also stated that his first knowledge of a license
being issued by the Clerk was in reading a report of the
hearing which had been forwarded by the Board of Equalization.
Mr.,Leon Furra was sworn in and recounted conversation held
with the aCity Clerk and being told that the application had
been approved by Council and it would be necessary to get a
bond filled out as required.
Attorney Tscharner was sworn in and stated, upon questioning,
his familiarity with the license ordinance and that he had
approved the bond as to form.
377
3
Mr. Howard Retberg, of the Park Beverage Company, Azusa, was
sworn in as a character witness for Mr. Furra.
Mr. Memmesheimer stated he would entertain a motion as to the
' legality on which the license was issued.
City Attorney suggested wording of motion which could be made
by Council; to wit; (1) After hearing the evidence on the
Order to Show Cause why License No. 763 of the City of Azusa,
to Ralph Enterprises, a Corporation, should not be cancelled
because it had been illegally issued by the City Clerk and
,without any application, therefore having been submitted to the
City Council for action, therefore I move that said license be
cancelled; or (2) the 'motion could be that said license be
permitted to stand. Request
denied.
Councilman Fawcett moved that the lst motion, as worded by the
Attorney, that the liceense be cancelled beaause of being illegally
issued, be adopted. Motion seconded by Councilman Memmesheimer
and unanimously carried.
Attorney Sarnoff requested the Council to act upon an application
if'filed previously, at the meeting of June 7th. Mayor Memme-
shiemer:stated that a properly made application would be acted
upon.
A'request for a business license to operate a cafe at 141 E.
Foothill was submitted by Gene & Clara Barnhouse. Request
Moved by Councilman Ortuno, seconded by Councilman Johnson, approved.
and unanimously carried, the license be granted subiject to ap-
proval of the Health Department and Fire Department.
A_request for a license to conduct a business of Body and
Fender -Repair at 835 W. Foothill Blvd. was submitted by Dale
L..Cline, Jr.
Moved by Councilman Romero, seconded by Councilman Ortuno and
unanimously carried, that D. Cline, Jr. be granted permission Request
to operate his body and fender repair shop, approved
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379
4
CITY HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954 7:30 P.M.
W. K. Vietsch requested permission to operate a warehouse
and to store salvaged tanks in the yard at rear of building.
Building,located at sold P. E. Substation at gth and Cres-
cent Drive -M 1 zone.
Moved by Councilman Fawcett, seconded by Councilman Ortuno,
that permission be granted if a six ft cement block wall Request -
was erected around the premises. Motion carried W. K. Viftsch
unanimously.'
Moved by Councilman Romero, seconded by Councilman Ortuno
and unanimously carried that he be given thirty (30) days
' to vacate the premises if he does not comply with the order
of building a stone wall.
Upon request of Civil Defense to purchase two flags- one for
the Civil Defense office -one for Ground Observer Tower, Council-
man Johnson moved,seconded by Councilman Romero, that the Civil
Defense Department be granted authority to purchase the flags
as requested. Motion carried unanimously. Purchase of
flags approved
The First Assembly of God Church requested permission be granted
to put directional signs on light standards.
Moved by Councilman Johnson, seconded by Councilman Fawcett and
unanimously carried, the matter be referred to the Engineer.
Request
Fire Chief Madison, speaking on behalf of the Firemen and denied
Auxiliary, asked that the Council reconsider their decision
regarding the holding of the Dog Show on August 15th as
previously requested. The Firemen's Welfare'Fund derived Request of
revenue at that time through sale of soft drinks, etc. Fire Dept.
Mr. Byron Covey, Assistant Bench Show Chairman, was intro- Aux.
duced and explained that roping off of the area is required
by the American Kennel Club. Also, two janitors are paid
to clean the grounds and a woman is hired to care for the
woman's lavatory. Public liability insurance is carried by
' the club estimated in the amount of $10,000.00. The question
of the insurance covering the City was discussed.
Moved by Councilman Fawcett,'seconded by Councilman Johnson
and unanimously carried, that permission would be granted on
acceptance of the insurance coverage by the City Attorney
and receipt of a certified copy of the Insurance form.
Discussion of the proposed rezoning of property from R-1 to
C-1 at the N. E. corner of Azusa Avenue and Gladstone Street
was held. The rezoning was recommended by the Planning Com-
mission -at their meeting of May 12, 1954•
The problem of Russell Street and wall to be required, sewer Shopping
and lighting plans were discussed. Center
The City Engineer stated that a bond would be required by discussed
the builders which would not be released until all condi-
tions set forth by the City'had been met.
Mr. Volk and Mr. Gwilliam, agents for the persons requesting
the zone change, stated that all Ordinances of the City on
sewers, lighting, would.be complied with in every way.
Moved by Councilman Romero, seconded by Councilman Fawcett,
that the question of rezoning the property to be tabled until
June 7th. Motion carried by the following vote:
Ayes: Councilmen: Fawcett, Romero, Memmesheimer
Noes: Councilmen: Ortuno, Johnson
Councilman Ortuno offered the following resolution and moved
it's adoption:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, COUNTY
OF LOS -ANGELES, CALIFORNIA, APPOINTING MARTHA JOHNSON AS ALTER-
NATE MEMBER OF AREA "D" CIVIL DEFENSE AND DISASTER BOARD FOR
THE CITY OF AZUSA. Resolution
NO -3009
M. Johnson
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CITY HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954 7:30 P.M.
Motion was seconded by Councilman Fawcett and adopted as read
by the following vote:
Ayes: Councilman: Fawcett, Ortuno, Johnson, Memmesheimer,
Romero
Noes: None
Absent: None
Resolution was adopted as read and numbered Resolution No. 3009.
Surveying equipment for the City Engineering Department was
requested at an estimated cost of $2,000 or better, to be Eng. Office
obtained from various sources. Equipment
Moved by Councilman Johnson, seconded by Councilman Ortuno Approved
and duly carried, that Mr. Williamson be granted authority
to purchase the necessary survey equipment.
Estimated cost for remodeling the Legion Hall was set up at
$500.00. City Engineer stated that a carpenter is temporarily
employed for this remodeling.
Moved by Councilman Fawcett, seconded by Councilman Johnson
and unanimously carried, that the Engineer be authorized to
expend up to $500 for remodeling of the Legion Hall to be
utilized for the best purposes of the City. Remodeling
of bldg.
The City Attorney suggested that he write a resolution approved
covering the expenditures of $2000 and $500, which was
agreed, and that the Engineer meanwhile be allowed to go
ahead with purchases.
Engineer Williamson stated he had a prospective buyer for '
a sludge grinder, now at the sewagelant and not being used Bid for
by the City. The price offered was $60.00. Sludge
Moved by Councilman Ortuno, seconded by Councilman Fawcett, Grinder
that the City Clerk advertise for bids for sale of sludge
grinder, bids to be opened June 21, 1954. Motion carried
unanimously.
' Notice of the Mayor and Councilman Institute to be held at
Santa Barbara on June 3rd and 4th was presented and discussed.
Moved by Councilman Romero, seconded by Councilman Ortuno, Institute
that the Councilmen be allowed $150.00 for expenses to the attendance
conference. Motion passed by the following vote: approved
Ayes: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer
Noes: Councilman Johnson
Absent: None
Supt. Smith of the Light and Water Department, requested repairs
be made to Pum No. 1. Estimated cost of pulling, reinstalling,
and repair at $1600 with the cost of a new foundation to be
placed by City forces at about $400 or a total of $2000.
Councilman Fawcett offered the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, IAS
ANGELES COUNTY,CBLIFORNIA, AUTHORIZING THE SUPERINTENDENT OF
LIGHT AND WATER DEPARTMENT, AND THE CITY ENGINEER, TO MAKE
NECESSARY REPAIRS ON PUMP NO. 1 AT AN EXPENDITURE NOT TO EXCEED
$2000.00.
.The City Council of the City of Azusa does hereby resolve
as follows:
' WHEREAS, it becomes necessary for repairs to be made to
Pump No. 1 of the Water Department of the City of Azusa;
THEREFORE, THE CITY COUNCIL does resolve that the Supt.
of Light and Water Department be and he is authorized to make
necessary repairs on Pump No. 1 at an expense not to exceed
$2000.00.
BE IT FURTHER RESOLVED that the Mayor shall sign this
Resolution and the City Clerk shall attest the same and certify
to the passage and adoption thereof.
382
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CITY HALL AZUSA, CALIFORNIA MONDAY MAY 17, 1954
Moved by Councilman Ortuno, seconded by Councilman
Johnson and unanimously carried that resolution be
adopted as•read and numbered Resolution No. 3010.
Request by Southern California Edison Company to
furnish electrical power.,
Moved by Councilman Ortuno, seconded by Councilman
Romero and duly carried, that the Mayor be authorized
to sign letters granting the Southern Calif. -Edison
Company permission to supply electric service at'230 S.
Irwindale Avenue and 104 S. Motor Ave.
Moved by Councilman Johnson, seconded by Councilman
Ortuno, and unanimously carried that the bills and
requisitions be paid as follows:
7:30 P.M.
Moved, seconded and duly carried, that this
meeting
shall be adjounaed until Monday, May 24th,
at 8:00 P.M.
QENERAL.FUND
7248
Albro Fire Equipment Co.
67,47
7249
The Artisan Press
51.23
7250
Azusa Cleaners & Dyers
1.25
7251
Azusa Herald
17.60
7252
Azusa Motor Parts
3,62
7253
Azusa Plumbing Co,
495.00
7254
Azusa Rock & Sand Co.
15.06
7255
Marshall S. Bacon
- 7.95
7256
Bogg-Marron Furnisture
`20.70
7257
Bowsher's-Sewing Machine Shop
5.28
7258
E. D. Bullard Company
9.27
7259
Business Develpment Systems
100.00
7260
J. E. Burke Company
285.20
7261
Canyon City Paint Store
48.20
7262
Central Market 118.14
7263
City Employee's Payroll
11,320.81
7264
City of Pomona
21.00
7265 -,City
of Pomona
120.96
7266'Clary
Multiplier Corp.
1.30
7267
Community -Ambulance
82.50
7268
County of -Los Angeles, Health Dept.
1.00
7269
R. W. Davis
995.64-
7270
Davis Photos
5.12
7271
Davidson Sporting (roods
27.04
7272
Helen.DuBois-
5.05
7273
Carl Entenmann & Son
10.30
7274
Factory Apron & Towel Supply Co.
2.50
7275
Clarence Fawcett
145,89
7276
Foothill Drug
1.41
7277
Foothill (class Service
29.81
7278
Foothill Stationers
82.46
7279
(crimes Stationery Co.
24,54
7280
Herman's Market
16.31
7281
Industrial Asphalt
182.35
7282
Martha M. Johnson
145.00
'7283
Loiiis J. Kroeger & Asso.
324.15
7284
Evelyne Lake
12.40
7285
Bud Latta's Welding Shop
48.61
7286
R. C. Lawrence, Fire Equipment
7.72
'7287
Mall Tool Company
3.80
"7288
L. Q. Memmesheimer
13.06
'7289
L. Q.Memmesheimer
170.00
7290
Thos. D. Menser, M.D.
5.00
7291
James Miller
2.25
7292
Molsberry Company
31.86
7293
W. R. Moody
2.80
7294
Anthony Ortuno
145.00
7295
P. & M. Painting Co,
60.00
7296
Pennock's
122.38
Elec.Energy
approved
230 So.
Irwindale &
104 So.Motor
-384..
GENERAL`FUND (CONT'D)
7297 Cecil V. Romero -
7298 Ralph Enterprises, Inc. -Leon Furra
7299 Shepherd Tractor &-Equipment Co.
7300 Signal 011 Co.
7301 Smith Saw & Lawn Mower Shop
7302'Southern Calif. Edison Co.
7303 Standad 011 Co. of Calif.
7304 Transport Clearings-
7305 Young's Lawn Mower'& Saw Shop
7306 Henry Trumble •Automotive Service
7307 Valley Blue Print & Supply Co.
7306 Valley Disposal Company
7309 Ward Bros.
7310 Western Auto Supply
7311 Westinghouse Electric Corp.
7312 Westinghouse Electtic Supply Co.
7313 Williams Lumber Yard
7314 Wilson's Carbon Co. Ltd.
LIGHT FUND
5643 Azusa Motor Parts
5644 Azusa Transfer Company
5645 J. H. Baxter & Co.
5646 City of Anaheim,City Auditor
5647 City Employee's Payroll
5648 Maydwell & Hartzell
5649 Mobile Radio Maintenance Company
5650 Smith Saw.& Lawn Mower Shop
5651 Stockwell•& Binney
5652 A. C. Vroman
5653 Westinghouse Electric Supply Company
5654 City Employee's Payroll Account
WATER FUND
5388 Brooks Products, Inc.
5389 Byron Jackson Co.
5390 City Employees' Payroll Acct.
5391 Leo Harlan
5392 James Jones Company
5393 Mobile Radio Maintenance Company
5394 Munselle Supp y Company, Inc.
5395 Pacific Southwest Pipe Co.
5396 Rensselaer Valve Company
539; Signal Oil Co.
539 Smith Booth -Usher Company
5399 Stockwell .& Binney
5400 Valley Cities Supply Company
5401 A. C. Vroman
5402 Westinghouse Electric Supply Co.
5403 City Employee's Payroll Acct.
156.6o
3480.37-
609.34
2629.50
267.66
33.33'
1.0
79-82-
294-17
1345.36
3237.00.
237.21
3913:o4
2625.,50-
-1.00
73.40
16.67
7.32; .
234-52.
3545:41:..
151:48,_
10.82
79.83
172-85- - . _.
294.17
7:0
,2887.5
Moved by Councilman Johnson, seconded by Councilman Fawcett
and unanimously carried to adjourn until May 24, 1954 at -
8:00 P.M.
City Clerk or the City o zusa•,
i- -
r
• c
145.00
C
6.00
=
- '3.86-
.86-680.69
680.69
" 3.74
6.90
lo.61
13.91 •
38.00
2.12
4.09
745.00
'
'15.75
4.52
403.55 '
457.33
240.28
-6:18
156.6o
3480.37-
609.34
2629.50
267.66
33.33'
1.0
79-82-
294-17
1345.36
3237.00.
237.21
3913:o4
2625.,50-
-1.00
73.40
16.67
7.32; .
234-52.
3545:41:..
151:48,_
10.82
79.83
172-85- - . _.
294.17
7:0
,2887.5
Moved by Councilman Johnson, seconded by Councilman Fawcett
and unanimously carried to adjourn until May 24, 1954 at -
8:00 P.M.
City Clerk or the City o zusa•,
i- -
r