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HomeMy WebLinkAboutMinutes - March 7, 1955 - CC (2)CITY HALL- AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 The City Council of the City of Azusa met in regular session at the above time and place, The meeting opened with the Flag Salute. Invocation was offered by Reverend Nichols. Roll Call: Councilmen: Fawcett, Ortuno, Johnson Romero, Memmesheimer City Attorney, City Engineer City Clerk Mayor Memmesheimer asked if there were any corrections to'be made in the Minutes of the meetings of Feb. 21 and Feb. 28, 1955. Councilman Johnson made the following corrections in the minutes of Feb. 21st. On Page 367 the first bid on the gasoline should be corrected to read as follows: Premium Regular Richfield 011 Corp. $ .225 $ .20 On Page 371m paragraph 4, the following addition should be made "Joe Leonetti appeared at the Council table to speak in his own behalf on this matter". On Page 375 last paragraph, the amount of the bid was omitted. "Amount of bid, $24,445.3511 should be added. On Page 385', paragraph 3, should read "and a sample of red and green velvet drapes" instead of "and a sample of red velvet drapes". There being no further corrections, the Minutes stood approved as read. 7:30 P.M. Flag Salute Invocation Roll Call Corrections 411 Mayor Memmesheimer announced that this was the time and Hearing regarding place for�the continued hearing regarding amending amending of Ord. Ordinance 409, as amended, and asked if anyone in the #409, as amended, - audience wished to be heard. City Attorney Tscharner delayed. stated that he had had a telephone call from an Attorney in Los Angeles, a Mr. Marshall, who advised that he wished to be heard on this and he would attend the Council meet- ing. As Mr. Marshall was not present in the audience at this time, City Attorney suggested that this matter be delayed Itntil his arrival. Mayor Memmesheimer announced that this is the time and place fixed for the hearing of protests, objections or appeals,in respect of the street work on Louise Avenue and other streets under resolution of intention, Resolu- tion No. 3014, and pursuant to the Improvement Act of 1911. City Clerk presented the Affidavit of Publication, Affida- vit of Mailing Notice, and Affidavit of Posting Notice. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that the Affidavits of Publication, Mailing and -Posting be approved and filed. Mayor Memmesheimer asked if any written protests had been filed. City Clerk announced that no written protests on this had'been received by his office. Mayor Memmesheimer announced "the City Council will now hear any oral protests, objections or hppeals from any interested person present in respect of said assess- ment or street work." Mr. Earl Woolery of 338 S. Jackson appeared before Council stating that the first notice he received on this assess- ment advised that the cost would be $1.25 per foot, and now he has a bill for $212.00, which would mean the cost 412 i 4!3 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. would be around $3.00 per foot, and he felt that this was out of.reason.. It was brought out in discussion that former City Engineer Brooks had pro rated this assess- ment. Oral protests to Assessment of 1911 The following also appeared before Council to protest: Act Improvements Salvador Gonzales, 308 S. Louise, Azusa Miffs. L. Jacobson 424 S. Jackson, Azusa Mr. H. Johnson, x+52 S. Jackson, Azusa Mr. Simpson, 302 S. Louise, Azusa Mr. M. Albaugh, 438 Jackson, Azusa Mrs. Albaugh, 1047 Broadway, Azusa Mr. Gonzales stated that he does this kind of work and therefore would know what it should cost, and he, too, felt the cost was out of reason. City Engineer pointed out that Mr. Gonzales had requested a wider driveway and this would account for some of the extra cost. Mr. Jacobson also complained about the condition of the street, saysng that they had finished it off with a lot of gravel and little oil, consequently there was always a lot of dust in the air. City Engineer Williamson explained that this would be just a temporary condition until after the sewers were installed. Mr. Albaugh objected to the high cost of the assessment and asked for an Vxplanation. Mayor Memmesheimer then read aloud the costs that go to making up a 1911 Act Assessment, which j nclude legal fees, engineering costs, etc. Mr. Albaugh asked about paying the assessment in full and he was told that within 30 days after the recording of the Assessment, it could be paid in full, or paid in part and the balance could go to bond. All persons having been heard and there being no other persons present indicating a desire to be heard, Councilman Ortuno offered the following Resolution: "RESOLUTION NO. 3176 RESOLUTION OF THE CITY_COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESS- MENT AND PROCEEDINGS UNDER RESOLUTION OF INTENTION, RESOLUTION NO. 3014 (Assessment District No. 1953-7) WHEREAS, the Superintendent of Streets of the City of Azusa, California, has heretofore filed in the office of the City Clerk of said city an assessment and diagram for that certain work or improvement in said city done under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of California, and resolution of intention, Resolution No. 3014, adopted by this,City'Council on the 24th day of May, 1954; and WHEREAS, after the filing of said assessment and diagram the said City Clerk has, as required by law, given notice of -the filing of said assessment and of the time fixed in said notice for hearing by this City Council, and affidavits of Publication, Posting and Mailing of such notice have been approved1by this City Council and are on file; and WHEREAS, at the time and place fixed in such notice a hearing,was duly held by this City Council at which all written appeals, protests or objections, if any, were duly 41� 'CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 .presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to said work or improvement, to any act ,or'determination of the Superintendent of Streets or the'City Engineer of said City in relation thereto, to the contract for said work or the performance of said contract, to the correctness of said assessment or said diagram, or to any other act, determination or proceed- ings of said Superintendent of Streets or said City Engineer, or to any matter relating to said work, the assessment district or the proceedings therefor; and WHEREAS, all such persons desiring to be heard have been heard by this City Council, and this City Council is fully informed in the premises; NOW, THEREFORE, the City Council of the City of Azusa, California, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows: Section 1. That said hearing has been duly held; that each and every step in the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment, the diagram, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied and this City Council does hereby confirm said proceedings and said assessment. Section 2. That this resolution shall be entered upon the minutes of this City Council. ADOPTED, SIGNED AND APPROVED this 7th day of March, 1955• Mayor of the City o Azusa, California ATTEST: City Clerk of theCity o Azusa, California" Councilman Ortuno moved its adoption, seconded by Councilman Romero. This Resolution was passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and -numbered Resolution #3176 The City Clerk announced that he had received three bids in answer to the Notice Inviting Bids for Booster Pumps. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that the bids be opened and publicly declared. Bids were received from the following companies. COMPANY Peerless Pump (Div. of Food Machinery & Chemical Corp.) Pump Sales & Service, Inc Worthington Corp. TOTAL BID $ 6,378.00 (incl. Sales Tax) $ 7,385.18 $ 7,209.00 (not incl. Sales Tax) 415 7:30 P.M. Passed and adopted Resolution No -3176 Booster Pump bids opened. 416 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 A bid bond in the amount of 10,% of the bid was enclosed with each bid. Moved by Councilman Fawcett, seconded by Councilman Romero and unanimously carried that the bids for the Booster Pumps be referred to the City Engineer, Supt. of Light and Water, Chairman of Light and Water, and City Attorney for study and report to Council. The committee consisting of Supt. of Light and Water, City Attorney, City Engineer, and Chairman of Light and Water submitted their report to Council on the bids received from three different suppliers on equip- ment for washing insulators. It was their recommenda- tion that the City Council reject these bids and purchase this equipment on the open market as this was a special- ized piece of equipment and should be examined thoroughly and the committee be given the power to act. Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that the recommendation of the Committee be accepted, bids be rejected and bid bonds be returned to all bidders. 447 7:30 P.M. Report on bid on equipment for washing insulators. The matter of the continued hearing regarding amending Ordinance #409, as amended, was again brought up before Council at 8:20 P.M. City Attorney stated he thought Council had waited a reasonable time for Attorney Marshall to appear, and as he still was not in the audience, we should go ahead with the continued hearing. Mayor Memme- sheimer asked again if anyone in the audience wished to be heard regarding this. No one in the audience came forward. In answer to the statement of ]Attorney Nicklin, submitted at the meeting of Feb. 28, 1955, City Attorney submitted the followingreport. Continued Hearing on Amending Ord. #409, as amended. "As requested by you, I hereby submit my report in answer to the statement of Attorney Nicklin made in behalf of Mr. Lowell Johnson relative to the proceedings on the petition regarding change of Minimum Lot Size Ordinance from 7,000 to 6,000 square feet and including also the proposed Amend- ment to Section 4.16 of Ordinance No. 409. The records in the Planning Commission have recently been investigated and I find the following condition existing there as revealed at the last meeting of the Planning Commission. The -Ordinance creating the Planning Commission provides substantially as follows: " The Planning Commission shall meet on the first Tuesday after the first Monday each month, provided that the Commission may by Resolution duly entered change its meeting dates." Inquiry at the Secretary's Office at that meeting disclosed that the Planning Commission had never passed a Resolution setting a meeting date and that for some years last past they have not met on Tuesday evening, but that they have met at times on Wednesday evening and also other evenings during the week. Ordinance No. 441 changing the minimum square footage of lots to 6,000 was passed in February,1952, and Ordinance No. 467 changing the minimum square footage from 6,000 to 7,000 square foot was in June, 1953. The meetings of the Planning Commission when :those matters were considered did not meet at a time provided by the Ordinance nor at a time fixed by Resolution of the Planning Commission. The date 418 419 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 for hearing on the changes were not fixed by the Planning Commission but arbitrarily evidently fixed and designated by the Clerk of the Planning Commission. If that record is as I have been informed it to be, then there is a serious doubt from the legal standpoint whether said Ordinance No. 441 and 467 are legal or whether they have changed the minimum lot size in the City of Azusa. Ordinance No. 441 does not set forth the date of the hearings of the Planning Commission, although I am advised that the meetings during that year were held on Wednesday. However; Ordinance No. 467 attempting to change the mini- mumlProm 6,000 to 7,000 square feet was held, according to the content of the Ordinance, on Wednesdays. There was no authority of record for such meeting. Attorneys would undoubtedly disagree as to the legality or illegality of such Ordinances. (Let me point out that both of said Ordinance 441 and 467 were passed not by the present Council, but by a former Council and at a time when the undersigned was not acting as City Attorney). Mr. Nicklin, in his statement before the Council, states as follows: "The Court decisions hold that a meeting held without — compliance where the statutory provisions for calling the same is no meeting at all and even hold that actions purportedly taken at such meetings cannot even be ratified as subsequent valid meetings." If Mr. Nicklin is right in his contention, then the meetings of the _City Planning Commission leading up to the adoption of Ordinance No. 441 and 467 are invalid and any Ordinance based on the same may be invalid, and there is serious doubt as to the validity of any Ordinance based upon actions taken at those meetings. There is, therefore, a very great proba- bility that said two Ordinances are illegal and that the City today is operating under the original Ordinance No. 409 with'a minimum provision for lot size of 5,000 square feet. I have further.examined the record in the Planning Commission minutes relative to the proceedings leading up to their recommendation on the proposed Ordinance reducing their minimum square footage per lot to 6,000 feet. It is true that there are some irregularities in those proceedings which may possibly effect their legality. However, I am inclined to the belief that these irregularities are not sufficient to effect the legality of their actions. 7:30 P.M. Our Court, in the case of Bradbeer vs. England, 104 California Appellate on Page 704 says: "If per chance the procedure before the Council lacks some of the formality observed by judicial tribunals the decision is none the less vital and effective." The Council is of a higher order in a judicial line than the Planning Commission so that such irregularities on the part of the Planning Commission minutes may be and may not be vital herein. I do, however, make an exception relative to the last action on the part of the]Planning Commission wherein they recommend that three zone changes be effected. In that regard, I am convinced that their action was illegal. However, that action could be corrected by sending the proceedings back to the Planning Commission for further consideration and report as provided in Ordinance No. 409. However, due to the wholly irregular meetings of the Planning Commission leading 420 421 CITY :HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. up to the adoption of Ordinance No. 441 and 467 and purported irregularities in connection with the last step which has been hereinbefore referred to, it is my recom- mendation that the whole matter be referred back to the Planning Commission for study and action and if, in its judgment, new proceedings are necessary because of the irregularities in this matter to abandon these proceed- ings and institute such other and further proceedings as may be necessary to effect a change to a minimum of 6,000 square foot lot size irrespective of whether we are presently on a 5,000 or a 7,000 square foot basis." Mr.'Tscharner also stated that he had discussed this matter with other attorneys and they differed in their opinions as to whether or not Ordinances 441 and 467 are valid,,and that it probably would require a Court action to test this matter. This would be long and expensive, so itis for this reason he recommended this matter be referred back to the]Planning Commission for study and action. He further stated it was his opinion that it would be to the advantage of all concerned if new pro- ceedings were initiated. City'Attorney read from report of Planning Commission given him'by Mr.Warren Teasley, Chairman of Planning Commission, stating that there was a regular monthly meeting held in the,, -Auditorium at 7:30 P.M. on October 5, 1948, at which meeting'the Commission agreed to a change in regular meeting dates. The Ordinance provides that this change can be legally done by Resolution only, therefore the change from Tuesday to Wednesday was not legal. If the Planning Commission desires to make this meeting date change legal, then they must adopt a like resolution at their first meet- ing.' Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that the recommendation of the Planning Commission with reference to the change of lot size from 7,000 to 6,000 sq, ft., and also amend- ing Section 4,16 of Article 4 of Ordinance 409, be denied, and that further proceedings in the matter be discontinued. Moved by Councilman Ortuno, sedonded by Councilman Romero and unanimously carried that the action of,the Council be referred to the Planning Commission with a suggestion that they initiate a new proceedings to amend Ordinance 409, 441' and 467 relative to a minimum lot size from 7,000 sq. ft, to 6,000 sq, foot per lot. Councilman Johnson stated that after consideration it was her opinion that the joint meetings with the Planning Commission set for every other month, was perhaps of questionable value. After discussion of the matter, Councilman Johnson -made Set meetings with the following motion. Planning Comm. to Moved by Councilman Johnson, seconded by Councilman be discontinued. Ortuno and unanimously carried to discontinue set meetings with Planning Commission. The Committee consisting of Supt, of Light & Water, City Engineer, City Attorney, and Chairman of Light & Water submitted their recommendation for purchase of street lighting equipment as per bids received from seven companies which were opened and read at the meeting of February 21, 1955._ It was their recommendation that the bids be awarded to the following suppliers on certain materials. Recommendation for awarding of bids on street lighting equipment, 422 i 423 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. PACIFIC UNION METAL COMPANY (1)- Street Light Standards 200 to 600 Type A. Concrete Standards: (Embedded) Marbelite Design IG36-B28-L96 26' mounting height $ 173.70 ea. Marbelite Design IG36-B28-L48, 30' mounting height 173.70 ea. 200 to 600 Type A Steel Standards, Galvanized: Union Metal SllE, 8.84" x 36' 26' or 30' mounting height 129.38 ea. Union Metal S3E, 8.84" x 36' 26' or 30' mounting height 179.80 ea. Union Metal S11E, 9.84" x 36' 26' or 30' mounting height 158.77 ea. 200,to 600 Type A Steel Standards, Painted: Union Metal S11E, 8.84" x 36' 26' x 30' mounting height 107.38 ea. = Union Metal S3E, 8.84" x 36' 26' or 30' mounting height 152.80 ea. Union Metal S11E, 9.84" x 36' 26' or 30' mounting height 131.77 ea. 200 to 600 Type B Concrete Standards: Anchor base Marbelite Design G31 -B28 -L96, 26' mounting height 173.70 ea. Marbelite Design G31 -B28 -L48, 30' mounting height 173.70 ea. 200 to 600 Type B Steel Standardb, Galvanized: Union Metal Design 400A, Cat. 1H310-C2X 26' or 30' mounting height 144.92 ea. Union Metal Design 400A, Cat. 3H310-C2X 26' or 30' mounting height 191.01 ea. ' Union Metal Design 400A, Cat. 1K310-C2X 26' or 30' mounting height 162.61 ea. ALTERNATES: Union Metal Design 400A, Cat. 1H300-C2X 26' or 30' mounting height 129.72 ea. Union Metal Design 400A, Cat. lH300-C2B 31'3" mounting height (Stock Pole) 119.72 ea. Union Metal Design 400A, Cat. 3H300-c2X, 26' or 30' mounting height 175.80 ea. Union Metal Design 400A, Cat. 3H300-C2B, 31'3" mounting height (Stock Pole) 165.80 ea. Union Metal Design 400A, Cat. lK300-C2X, 26' or 30' mounting height 161.45 ea. Union Metal Design 400A, Cat. 1K300-C2B, 31'3" mounting height 151.45 ea. Union Metal Design 9401, Cat. 1K310-C2X, 26' or 30' mounting height 200.91 ea. 424 425 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. 200 to 600 Type B Steel Standards, Painted: Union Metal Design 400A, Cat. 1H310-C2X, 26' or 30' mounting height $ 124.92 ea. Union Metal Design 400A, Cat. 3H310-C2X, 26' or 30' mounting height 166.01 ea. Union Metal Design 400A, Cat. 1K310-C2X, 26' or 30' mounting height 137,61 ea. ALTERNATES: Union Metal Design 400A, Cat. 1H300-C2X, 26' or 30' mounting height 109.72 ea. Union Metal Design 400A, Cat. lH300-C2B, 31' 3" mounting height (Stock Pole) 99.72 ea. Union Metal Design 400A, Cat. 3H300-C2X, 25 26' or 30' mounting height 150.80 ea. Union Metal Design 400A, Cat. 3H300-C2B, 617.32 31' 3" mounting height (Stock Pole) 140.80 ea. Union Metal Design 4oOA, Cat, lK300-C2X, 712 26' or 30' mounting height 136.45 ea. Union Metal Design 400A, Cat. 1K300-C2B, 10 31' 3" mounting height 126.45 ea. Union Metal Design 9401, Cat. 1K310-C2X, 705.90 26' or 30' mounting height 175.91 ea. (2) Mercury Vapor Luminaries Westinghouse Style #1568519, Type OV -20 mercury 10 - vapor street lighting luminaire. Any quantity. 43.56 ea. (3) Ballasts Remote Control Westinghouse Style #1569933, mercury vapor serial ballasts, 400 -watt, 6.6 amp series, complete with mounting brackets. Any quantity 42.68 ea. (4) Westinghouse Style #1121088, mercury vapor aerial ballasts, 250 -watt, 6.6 amp series, complete with mounting bracket. Any quantity. 42.24 ea. (5) Street Lighting Brackets Joslyn Cat. J718108 -F, 8' galvanized brackets with Type "A" Entrance "T" 14.85 ea. WESTINGHOUSE ELECTRIC SUPPLY COMPANY (1) Constant Current Regulators: Quan. West. Style Item West. Price Ea. 10 - 25 15 KW 1590 713 Regulators $ 617.32 10 - 20 10 KW'1590 712 Regulators 540.79 5 - 10 20 KW 1590 714 Regulators 705.90 (2) Control Oil Switch 10 - 40 50 amp. - 6124 Remote Control Oil Switch 160.65 426 i 427 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. -(3) Incandescent Luminaires 100 - 200 #1760392, as per sample at whse. 29.74 201 - 40o 29-74 401 - 600 29.74 LINE MATERIAL COMPANY 10 - 40 6.6 Amp. Protective 83.00 Relay Mdved by Councilman Fawcett, seconded by Councilman Recommendation for Romero and unanimously carried that the recommendation awarding pf bids of the Committee be accepted and the bid bonds be on street lighting returned to the unsuccessful bidders. equipment. -- Accepted Letter was submitted by the Chief of Police recommend- ing -that the permit of the California Bench Company Additional benches be broadened to provide for the placement of benches at bus stops to be at four additional bus stops in the City of Azusa, this installed. matter having been referred to him at the last Council meeting of February 28th. It was mentioned that City Clerk had received copies of written permission from property owners to locations requested. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that the recommendation of the Chief of Police be accepted and that permission be granted the California Bench Company to install benches at bus stops at the following locations: Foothill Blvd. $c Virginia Ave. - Southwest Corner Foothill Blvd. & VirginialAve. - Northeast Corner Foothill Blvd. & Pasadena Ave. - Northeast Corner Azusa Ave. & Fifth St. -- Northwest corner Letter was submitted from Chief of Police recommending the appointment of Ray Neville as Probationary Patrolman at Step 1, $320.00 per month, effective 3/16/55. Ray Neville Moved by Councilman Fawcett, seconded by Councilman appointed proba- Romero and duly carried that the recommendation of the tionary Patrolman. Police Chief be accepted And Ray Neville be appointed as Probationary Patrolman, at Step 1 of pay range, $320.00 per month, to be effective 3/16/55, and City Attorney to draw up Resolution accordingly. Letter was received from Robert C. Straub and Paul Business license McPhetridge requesting a business license to operate granted - R. C. a cafe at 927-929 W. Foothill Blvd. It was brought out Straub & Paul in discussion that liquor would also be served at this McPhetridge 927 - cafe. 929 W. Foothill Mr. Straub and Mr. McPhetridge appeared before Council Blvd. and.presented a sketch of their proposed building. Moved by Councilman Ortuno, seconded by Councilman Romero land duly carried that license be granted to operate a cafe at 927-929 W. Foothill Blvd., Azusa, subject to the approval of Health and Fire Departments. Request was received from the Crippled Children's Society of Los Angeles County, Inc. for permission to place coin containers in the City of Azusa during the Easter Seal Crippled Childrens campaign period, March 10 to April 10, 1955• Society granted Moved by Councilman Romero, seconded by Councilman permission for Ortuno and unanimously carried that permission be placement of coin granted the Crippled Children's Society of Los Angeles containers in County, Inc. to place coin containers in Azusa during Azusa. the Easter Seal Campaign period, March 10 to April 10th, 1955 .428 I I 1 429 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. Letter was submitted from Mr. Floyd Hayden regarding Traffic problems traffic problems in our City. Mr. Hayden was calling at 5th & Pasadena attention to the traffic problem existing at Fifth & and Azusa Avenue Pasadena, and Azusa Avenue at 5th, at 5th. Stop signs halt the North and South bound traffic on Pasadena, and he recommended traffic signs for the East and West bound traffic also to help insure safety for the children crossing here from school, park and swimming pool, among other reasons. Moved by Councilman Johnson, seconded by Councilman Fawcett and unanimously carried that this matter be referred to the City Engineer and Police Department for study and report back to Council. Letter was received from the Azusa Foot -hill Citrus Co. Azusa Foot -Hill requesting that Council terminate their presently Citrus Company proposed annexation of their land, with the thought request for that at a later date a larger parcel of their land can termination of be annexed into the City of Azusa. Mr. D. McKellar, proposed annexation Secretary and General Manager of Azusa Foothill Citrus larger parcel for Company, was in the audience and appeared before Council annexation later. to state the following: "I would be glad to give such information as Council might wish to have on this. A series of conversations with Mr. Cherry have been going on for some time and we have been quite agreeable as you know for the annexation of this particular tract, but I had no idea that the proceedings, when it came to annexa- tion, would not take in the entire property under considera- tion with the Hadley -Cherry people. The first I knew of the legal descriptions of the proposed annexation procedure was when they appeared in the AzusaiHerald.in the last issue - - - - - -- - - - - - - - - it lacked 182' of going to the lower boundary of the proposed tract and some more than that at the North. 'The proposal has no relationship at all with the lots nor the streets. I think if the Council would reflect that in view of the proceedings which have gone on here whereby I felt that an amicable settlement was agreed with the subdivider for the annexation of the whole tract, that it gets pretty difficult. I might ask, how is the Eity going to serve power to a portion of 182 feet to the south, that would have to go right through the center of the lots? - - - - - - - - - - - - - - - - - and that was what we expected would be done at the time we arrived at these amicable agreements upon this inclusion of this 74 acres, roughly, and if it is possible to do, we mean what we say in that letter, that you can be assured of our company's cooperation and anything that may be necessary to have this land annexed in one parcel. If there are any questions, I would be very glad to answer them." Councilman Fawcett: "Hadley -Cherry haven't been too Ah cooperative in the past." City Attorney: "As I said in my statement earlier, there is a question as to whether we are under a 5,000 or 7,000 sq. ft. Ordinance. In order to make it definite, you'd have to have a Court proceedings and test it out. That would take months to go through. If the Court should find we are under 5,000 sq, ft., then any tract could be taken in that has a 6,000 sq, footage. If, on the other hand, we are under the 7,000 then the tract that would come �n would have to be a 7,000 sq. ft, tract." Moved by Councilman Fawcett, seconded by Councilman Johnson that this letter be filed. Motion failed by the following vote: AYES: Councilmen: Fawcett, Johnson NOES: Councilmen: Ortuno, Romero, Memmesheimer ABSENT: None 4a® 431 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. Moved by Councilman Ortuno, seconded by Councilman Azusa Foot -Hill Romero and unanimously carried that this letter be Citrus Company referred to the City Attorney. letter referred to Attorney. Personnel Department submitted a letter of recommendation for advancement of Wm. Tannehill, Maintenance Man, Public Works Dept., from Step 1 to Step 2 at $271.00 per month, effective 3/13/55. Wm. Tannehill, Moved by Councilman Johnson, seconded by Councilman Maintenance Man, Ortuno and unanimously carried that the recommendation advanced to Step 2 of the Personnel Board to raise Wm. Tannehill, Mainten- ance Man, to Step 2 at $271.00 per month, effective 3/13/55 be -.accepted and that the City Attorney be instructed to draw Resolution accordingly. Personnel Department submitted a letter recommending Jose Estrada, the advancement of Jose Estrada, Groundsman -Gardener, Groundsman -Gardener Public Works Dept., from Step 1 to Step 2 at $256.00 advanced to per month, effective 3/20/55. Step 2. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that the recommendation of the Personnel Board be accepted and Jose Estrada, Groundsman -Gardener be raised to Step 2 at $256.00 per month, effective 3/20/55, and that City Attorney be instructed to draw Resolution accordingly. Recommendation was submitted by Personnel Department Tom Lopez, Sewer that Tom Lopez, Sewer Plant Operator be transferred to Plant Operator, former classification of Truck Driver and placed at transfer to Truck Step 5 at $338.00 per month, effective at time of trans- Driver - granted, fer of sewer plant. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that recommendation of Personnel Board be accepted and Tom Lopez be transferred to former classification of Truck Driver and placed at Step 5 of salary range at $338.00 per month, to be effective at time of transfer of sewer plant, and that City Attorney draw Resolution accordingly. Personnel Board submitted copies of a letter, a job Job specification specification for the position of Supt, of Public Works, for position of and a work organization chart for the City Engineer and Supt. of Public Public Works Department which they had received from Works and work Louis J. Kroeger & Associates, and recommended same to organization char' Council with the exception of two deletions marked on for City Engr. - the copies of the job specification. tabled. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that this be tabled until the next regular meeting for further study. Personnel Board submitted a recommendation to Council Change in Rules an to change Rule XII, Section 38634 and City Attorney's Regulations of interpretation of same in regard to granting of annual Civil Service - vacation of 15 working days for members of Police Force. tabled. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that this matter be tabled pastil the next regular meeting and the City Attorney to look into the matter with regard to other Departments. City Engineer submitted a letter requesting that Eugene Contract for draft Sillert be continued with the Engineering Department ing services of E. on a.contract basis. Sillert - Engr. Moved by Councilman Ortuno, seconded by Councilman Department. Romero and unanimously carried that City Attorney draw up a contract for drafting services of Eugene Sillert to the end of the fiscal year. 432 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 City Engineer submitted a recommendation and a sample sewer application form to insure that all owners of property had specifically authorized contractors to complete their installations before the City would issue a permit for the work. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that the City Engineer be authorized to -produce the sewer application forms and distribute them as soon as possible. City Engineerlsubmitted a letter requesting authoriza- tion for Mr. Art Cornwell to attend the Community Re- development Class given by UCLA Extension. Councilman Fawcett stated that Mr. Critchlow had called him the night before the meeting stating he would like to resign his position as Chairman of the Redevelop- ment Commission because his work didn't allow him time to attend these classes, and also that soon he would be hospitalized and unable to attend the classes. He would forward his written resignation later. Moved by Councilman Johnson, seconded by Councilman Fawcett and unanimously carried that this matter be tabled. Request was received from Southern California Edison Company for Grant of Easement of 2 ft., West of Virginia Avenue and South of Third Street for the purpose of installing a pole to be used to keep high voltage line outside of school grounds. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that the City Attorney be instructed to draw up Resolution for Grant of Easement. 433 7:30 P.M. Sewer application forms for property owners Authorization for Mr. Cornwell to attend Community Redevelopment Class -- tabled. Grant of Easement of 2 ft. west of Virginia Avenue and South of Third Street. Mayor Memmesheimer read letter to Council from Ben Paroulek who'had been delegated by the Parks and Recreation Committee to appear before the City Council to convey information Complaint that relative to proposed Park sites in the City of Azusa, Azusa Herald pub - explaining the reasons for his absence. He stated he lished misleading felt that.due to the adverse and misleading publicity information re given this matter in the Azusa Herald, it would be better proposed Park for him not to appear until such a time as proper clari- sites. - Letter fication has appeared in the public press. Then he will filed. appear before Council and submit the proposals for the park sites. Moved by Councilman Romero, seconded by Councilman Fawcett, and unanimously carried that this letter be filed. Mayor Memmesheimer announced there will be no action No action to be taken relative to the proposed Park sites under dis- taken on proposed cussion until:Council receives the recommendations of Park sites until the Planning Commission and Park & Recreation Commission. later. In regard to the proposed Resolution for a Master Plan for the City of Azusa, the Chamber of Commerce submitted a letter recommending that the matter be deferred until a later date. It was their thought that there is insuffi- cient property remaining within city limits to require new planning and as facilities appear to be for the most part adequate, the amount of work involved does sot seem to warrant the expenditure of $12,500 for this purpose. Councilman Johnson stated that probably there were other organizations who would like this matter to be deferred. Mayor Memmesheimer announced that in view of the fact that this matter had been tabled previously, it would remain on the table until more replies were received from other organizations. Resolution for Master Plan - tabled. 434 CITY HALL The Chamber of tion in regard City of Azusa. as follows: 435 AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. Commerce submitted to Council a Resolu- to street lighting improvements in the Recommendations by The four recommendations offered were Chamber in re street lighting improvement. 1.- THAT where present lighting must be replaced at intersections as a matter of maintenance, or fiaitprovements for the benefit of traffic and safety in residential neighborhoods, that city funds be used for this purpose. 2. THAT where traffic on major highways or busy ,intersections indicates that improved lighting is necessary for the public safety, that in- stallations be paid for from public funds. 3. THAT where extended lighting in new areas be required, that the property owners of those areas be charged for the installations, either as a charge against the new subdivision or properties improperly lighted, and that a lighting district be formed for that purpose if.deemed necessary. 4;' THAT where future improved lighting in business districts is found to be appropriate and necessary that the property owners adjacent to the improved lighting areas be charged for the installation, either by a direct charge or by creating a lighting district. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that this Resolution be filed. Mr. David H. Eccles, Jr., Director of Civil Defense Permission granted for the City of Azusa submitted a letter requesting to use Azusa as Councilmanic action to permit the use of Azusa as an alternate for alternate headquarters for Area Civil Defense operations Area D Civil if and when necessary during emergency conditions. Mayor Defense. Memmesheimer stated that after hearing Mr. Bolt's discussion of.last meeting, he felt Azusa should cooperate in every way possible with them. Mr. Eccles appeared before Council and stated that this would mean Azusa would be actually more of a clearing station for information, and would not entail'addition expense above what would be required for establishing an adequate Civil Defense organization for Azusa. He will soon submit to Council a recommended program and budget for establishing such Civil Defense organization. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that the request to use the City'of Azusa as an alternate headquarters for Area D Civil Defense be granted. Discussion for an alarm system in Azusa was held. Mr. Eccles stated that this becomes quite an involved thing. An engineering survey would have to be made, and also specifications would have to be written to which the system could be fabricated. Another letter was submitted by Mr. Eccles requesting that the "Handie Talkie" portables be made available for loan to the Civil Air Patrol, another Civil Defense service. These would be loaned on approval of the Police and/or Fire Chief and used in conjunction with weekend training missions (not to exceed three days) and for actual rescue missions by their ground rescue crews. Discussion of alarm system. Handie Talkies available for Civil Air Patrol. 496.1 CITY HALL AZUSA, CALIFORNIA MARCH 7, 1955 Moved by Councilman Romero and seconded by Councilman Fawcett, and duly carried that the "Handle Talkies" be made available to Civil Air Patrol as requested for the weekend training periods (not to exceed 3 days,) and to be.used for emergency rescue service. A letter from Supt. of Light and Water Dept. was sub- mitted to Council with a letter of resignation from Mrs. Dorothy Spencer, Stenographer -Clerk in the Light and Water Department. Moved by Councilman Johnson, seconded by7Councilman Ortuno and unanimously carried that the resignation, effective 3/18/55, of Mrs. Dorothy Spencer, Stenographer- Clerk'in the Light and Water Dept., be accepted, and City Attorney to draw Resolution accordingly. Letter''was submitted from Supt, of Light and Water Dept. requesting an examination be given for an Account Clerk to fill the vacancy created by the resignation of Mrs. Spencer. Discussion was held regarding whether it would be best to hire an Account Clerk or Cashier. Councilman Fawcett felt that a Cashier should be hired. It was brought out that an Account Clerk could do the work of a Cashier, but a Cashier could not do the work of an Account Clerk. Moved by Councilman Romero that Personnel Board be authorized to conduct an examination for Account Clerk. Supt, of Light & Water announced he had contacted a woman whose name was on the list of Account Clerks taken from the last examination given, and she had agreed to'give up her job to wotk for the City of Azusa. The motion made by Councilman Romero died for lack of a second. Letter was submitted from Mr. Smith asking permission to hire Mrs. Provost as Account Clerk to replace Mrs. Dorothy Spencer in the Light & Water Department. Moved by Councilman Romero, seconded by Councilman Ortuno that permission be granted Supt. of Light & Water to hire Mrs. Provost as Account Clerk in the Light and Water Department and City Attorney to draw Resolution accordingly. Motion passed by the following vote: AYES: Councilmen: Ortuno, Romero, Memmesheimer NOES: Councilmen: Fawcett, Johnson ABSENT: None Mayor Memmesheimer read a letter of Resignation from Mr. Wm. A. Desmond, Maintenance Man in the Light and Water Dept. Moved by Councilman Johnson, seconded by Councilman Romero and duly carried that resignation of Wm. A. Desmond, Maintenance Man, be accepted and that City Attorney draw Resolution accordingly. Letter was submitted from Light and Water Department requesting authorization for the Personnel Board to conduct an examination for Maintenance Man as soon as possible. Mr. Smith appeared before Council stating that the two or three names left on the list for Maintenance Man were not too good. Moved by Councilman Johnson, seconded by Councilman Fawcett and duly carried that this letter be filed. Letter was submitted from Light & Water Department requesting permission to purchase a new 2 ton truck. 437 7:30 P.M. Resignation of Steno -Clerk in Light & Water Dept. - Mrs. D. Spencer Request for exam. for Account Clerk for Light & Water Department. Permission to hire Mrs. Provost, Acct. Clerk in Light & Water Dept. Resignation of Wm. Desmond, Mainten- ance Man - accepter Letter requesting examination for Maintenance Man ordered filed. ;. r � � s F CITY CLERK- AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. Mr, Smith, Supt. of Light & Water, appeared before Permission to Council stating that they intended to mount the tower advertise for bids for insulator washing on the 22 ton truck they now for new 2 ton truck have and wanted this new 2 ton truck for more or less - granted. of a service truck. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that City Clerk be authorized to advertise for bids for 2 ton truck, specifications to be furnished by Supt, of Light and Water Dept., and bids to be opened on April 4, 1955. Supt, of Light and Water submitted a letter to Council "requesting authorization for the Personnel Board io Request for exam, hold an examination for Utility Warehouseman and Male for warehouseman Record Clerk, Supt. Smith stated that in order to - granted. maintain proper records these additions to personnel would be justified. Moved by Councilman Johnson, seconded by Councilman Fawcett that this request be denied. Councilman Johnson and Councilman Fawcett withdrew their motion and second. In further didcussion it was decided that a warehouse- man would be sufficient additional help to complete the inventory job and maintain records. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the Personnel Board be authorized to advertise and hold examination for warehouseman. Moved by Councilman Johnson, seconded by Councilman Request for exam. Romero that the request for classification and examina- & class, for Record tion for Record Clerk be denied. Clerk - denied. Motion passed by the following vote: AYES: Councilmen: Fawcett, Johnson, Romero NOES: Councilmen: Ortuno, Memmesheimer ABSENT: None Councilman Johnson offered the following Resolution Resolution No -3177 entitled: Resignation of David Miranda, "ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Dept. of Public LOS ANGELES COUNTY, CALIFORNIA, ACCEPTING THE RESIGNA- Works. TION OF DAVID MIRANDA FROM THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY OF AZUSA," Councilman Johnson moved its adoption, seconded by Councilman Ortuno. This Resolution passed and adopted by the following vote of Council: AYES:_ Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3177 Councilman Johnson offered the following Resolution Resolution No.3178 entitled: Advance of M.Brown to 2nd Step - " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Typist -Clerk in LOS ANGELES COUNTY, CALIFORNIA, ADVANCING MRS. MARION Engrg. Dept. BROWN TO SECOND STEP OF PAY PLAN AS TYPIST -CLERK IN THE ENGINEERING DEPARTMENT OF SAID CITY OF AZUSA," Councilman Johnson moved its adoption, seconded by Council- man Romero, This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and'numbered Resolution No. 3178 440 441 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. City Attorney read the new Agreement between City of Azusa,,and the Visiting Nurse Association, and stated Agreement with that this contract had not yet been signed by them, Visiting Nurse The contract was for a period of one year, Association. Moved by Councilman Ortuno, seconded by Councilman Romero and duly carried that the Mayor be authorized to sign this Agreement with the Visiting Nurses Association contingent upon signatures being affixed by officers of Visiting Nurse Association. Letter was submitted from Fire Chief, Marlowe Madison, Azusa Motor Parts ,recommending that Captain Robert Torrance and Engineer 5626 John -Littlefield be granted permission to attend the Permission granted Oil Fire Control School to be held at Bakersfield, John Littlefield, California, March 24, 25 and 26, 1955. Mayor Memme- R. Torrance and sheimer suggested that Marlowe Madison also attend Fire Chief to this instructive school. The cost of this would be attend Oil Fire 1, from $40 to $50 per man for the three days. Control School. Moved by Councilman Ortuno, seconded by Councilman 16.66 Romero, and unanimously carried that the recommenda- Supple Co., Inc. tion of the Fire Chief be accepted and that Robert 5632,, -.Williams Torrance, John Littlefield and the Fire Chief be 89.01 authorized to attend the Oil Fire Control School to FUND be held at Bakersfield, Calif., on March 24, 25 and 26 5835 1955, and to be allowed $50 expenses per man for the 14.29 three days. Hilda Eastman, Collector Mayor Memmesheimer submitted a letter from the City Treasurer, Mr. Stephen Skidmore, tendering his resigna- tion as City Treasurer to be effective April 15th. Resignation of Mr. Skidmore had previously requested additional work City Treasurer, to give him the opportunity of earning extra compensa- S. Skidmore, - tion. It was stated that both Mayor Memmesheimer and tabled. City Attorney had checked through the records and taken this matter up with State Retirement Board, but bound that this would not be possible under:the law. Mayor Memmesheimer stated he would make a recommenda- tion at the next meeting for a replacement for the position of City Treasurer. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the letter of resignation of Stephen Skidmore, City Treasurer, be tabled. Moved by Councilman Johnson, seconded by Councilman Bills and Ortuno and unanimously carried that the following Requisitions bills and requisitions (LW -3029 - LW -3033) be paid. WATER FUND 5625; Azusa Motor Parts $ 3.21 5626 ,Burroughs Corporation 14.29 5627 Hilda Eastman, Collector 1,665.50 5628, Foothill Supply Company 1.85 5629 James Jones Co. 81.32 5630 Mobile Radio, Inc. 16.66 5631 -Munselle Supple Co., Inc. 8.22 5632,, -.Williams Lumber Yard 89.01 EIGHT FUND 5835 Burroughs Corporation 14.29 5836 Hilda Eastman, Collector 57.00 5837 General Telephone Co. of Calif. 55.00 5838 Graham Electric 7.27 5839 Mobile Radio, Inc, 33.34 5840 southern Calif. Edison Co. 19,326.12 5841 Valley Cities Supply Co. 51.03 5842 Zimco Elec. Supply Co. 131.70 5843 Joslyn Pacific Co. 23.25 442 443 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 P.M. GENERAL FUND 8720 American Automobile Association $ .12 8721 American Bitumuls & Asphalt Co. 426.02 87?2-.American City Magazine 4.00 8723 Ahtisan Press 24.89 8724 John Avedesian 1,814.85 8725 Azusa Cleaners & Dyers 10.72 8726 Azusa Herald 72.94 8727 Azusa Motor Parts 36.27 $728 Azusa Paint & Wallpaper Co. 18.87 8729. Azusa Plumbing Co. 6.00 8730 Azusa Rock & Sand Co. 805.33 8731 Azusa Sign Company 54.35 8732 Butt Lumber Co., Inc. 93.96 8733: Brown, Bevis Industrial Equipment Co. 1.62 8734 State of Calif, Div. of Highways 7,644.91 8735 Canyon Drive Market 29.01 8736 S. E. Chubbuck 211.74 8737 Columbia Ribbon & Carbon Pacific, Inc. 2.83 8738 Commercial Equipment Co. 20.43 8739 J. H. Coombs 223.60 8740 Covina Equipment Co. 9.22 8741 'R. W. Davis 67.45 8742 Deigaard Nurseries 381.10 8743 Doug's Refrigeration Service 1.02 8744 Cancelled 8745 Eagleson's 10.30 8746 Hilda Eastman Collector 1,640.40 8747 Williams Lumber Co. 355.13 8748 Edwards Supply Co. 5.95 8749- C. W. Fawcett 9.56 8750• Foothill Classifieds 7.00 8751 Foothill Stationers 130.47 8752 Foothill Supply Co. 5.92 8753 Fords Cafe 107.89 8754 Halprin Supply Co. .93 8755 Haisman Hardware 9.80 '8756 Hardison Cleaners 4.12 8757 Glen Hummer Construction Co. 32,334.66 8758 Griswold & Company 103.16 8759 Hunt's Hardware 15.43 8760 Industrial Asphalt 794.10 8.7.61 A. L. Kendrick, Police Department 9.00 8762 Martin Kordick 15,648.48 8763., Leather Supply Co. 147.17 8764 Wm. J. Fox, County of Los Angeles 10.95 8765 Magneto Sales & Service Co. 23.04 8766, McLees Shade & Linoleum 52.13 8767 Molsberry Company 3.52 8768 Park Photo 83.30 _8769 Raymond G. Osborne Laboratories, Inc. 300.62 8770 Pennock's 168.18 8771 City of Pomona 21.00 8772 Pomona Brush Company 13.10 8773 Realty Tax & Service Co. 15.00 8774 Reed & Routt Automotive Service 3.67 8775 Russ Auto Repair 33.41 8776 Sam's Auto Parts & Wrecking 25.37 '8777 San Gabriel Valley Humane Society 52.00 8778 J. B. Sebrell 1.02 8779 Cornelius Smith 25.21 8780 So. Calif. Juvenile Officers Assoc. 4.50 8781 .Southern Counties Gas Co. 215.46 8782 State Compensation Insurance Fund 1,675.63 8783 Stockwell & Binney 182.93 8784 Ten Eyck Supply Co. 88.48 8785 United States Post Office 15.00 8786 Valley Blue Print & Supply Co. 153.78 444 CITY HALL AZUSA, CALIFORNIA MONDAY, MARCH 7, 1955 7:30 -P -.M. GENERAL 8787 Valley Cities Supply Co. $ 11.28 8788 Francis E. Warren 260.00 8789 Western Auto Store 8.81 8790 Western Lithograph Co. 101.55 8891 Western City 3.00, STATE RETIREMENT FUND 101 State Employees' Retirement System 2,468:38 Chief Accounting Officer Perry Scott submitted to Council a report confirming the distribution of personal property inventory_ value forms to all operating departments•for Report from completion in the month of March, in addition work is Chief Acctg. in progress for the preparation of a uniform schedule Officer of accounts, the preparation of a budget manual, and the design of control bars and accounting machine forms. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried, that this, report be filed. Councilman Ortuno asked for an opinion from Council as Street lighting to where the street lighting work should start. It was work. " his opinion it should start from the Boulevard and go both ways, and that the people in the old part of town should get their lighting first. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that this Council meeting adjourn until March 21, 1955, at 7:30 P.M. Time of Adjournment adjournment 11:16 P.M. yer c zusa