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HomeMy WebLinkAboutMinutes - May 2, 1955 - CC (2)CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 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 Rev. Ferrell. 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 Meeting of April 18. Councilman Johnson stated that on Page 3, Paragraph 11 should read as follows: "Austin J. Abdelnour appeared before Council and inquired if Mr. Marshall were representing Mr, and Mrs. Lowell C. Johnson or just Mr. Lowell C. Johnson. He was told that Mr. Marshall was representing Mr. Lowell C. Johnson." Also, on Page 7, Paragraph 2, the phrase "extending Angeleno`' should be changed to read "extending San Gabriel". Councilman Johnson stated that the statement of the City Attorney that he would like to see the motion carried (top of Page 3) should be inserted after the motion at the bottom of Page 2 regarding the account- ing for advance money for attendance at Regional Conference of Civil Service Assembly. Also, Page 23, 4th Paragraph should be deleted as Councilman Romero was absent from the meeting referred to. Also, 7:30 P.M. Flag Salute Invocation Corrections. Page 13, the paragraph regarding adjourning the meeting to April 26 to set a hearing date on the Easterly Annexation No. 5 as revised, the following should be added: "and other business that might come before the Council." As_there were no other corrections to be made, the Mayor announced the Minutes of the meeting of April 18, 1955, will stand approved as corrected. The Mayor asked if there were any corrections to be made in the Minutes of the Meeting of April 26, 1955. Councilman Johnson stated that the motion in Paragraph 6 authorized the "City Engineer" rather than the 'City Attorney" to attend the Governor's Industrial Safety Conference. Also, on Page 3, last paragraph, the letter received requested investigation to be made at the corner of Sunset and Foothill "late Saturday and Sunday nights" rather than "Saturday afternoons and evening". As there were no other corrections to be made, the Mayor announced that the Minutes of the Meeting of April 26, 1955, will stand approved as corrected. The Mayor asked if there were any bids received in answer to the Notice Inviting Bids for the construction of Sanitary sewers - Roland, Dixon, Mason and McKinley Streets, Azusa, Arthur, Noble, and Elliot Avenues and Noble Place, Project 7#122. City Clerk stated he had 'received 9 bids in answer to this advertisement. Moved by Councilman Ortuno, seconded by Councilman Johnson and unanimously carried that the bids on Project rr122 for construction of Sanitary Sewers be opened and publicly declared. Bids opened - Sevier Project #122. T CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. Bids were received from the following Companies: COMPANY TOTAL AMOUNT OF BID Anro Construction Co. $ 41,511.69 Los Angeles, Calif. Chas. Birch & Son 40,353.55 El Monte, Calif. Burke & Howard 43,352.00 El Monte, Calif. Frank Chutuck 44,629.94 Ontario, Calif. Martin Kordick 41,380.90 Arcadia, Calif. A. R. Milosevich & Son. 39,585.69 Arcadia, Calif. Penn Construction Co. 66,441.57 Baldwin Park, Calif. Spann -Kenton Construction 39,890.69 North Hollywood, Calif. The Stanfield Company 39,576.14 Pomona, Calif. Each bid was accompanied by Bidder's Bond in the amount of 10% of the bid submitted. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that these bids be Bids referred. referred to City Engineer, City Attorney, Supt. of Public Works, and Chairman of Public Works for study and report back to Council. The Mayor asked if there were any bids received in answer to the Notice Inviting Bids for appurtenances Well #6 (a) 18" Pipe, (b) Check Valve and (c) 2400 Bids opened for Volt Starters. City Clerk announced that he had Well #6 received one bid on the pipe, one bid on the Check appurtenances. Valve and three bids on the starters. Moved by Councilman Ortuno, seconded by Councilman Fawcett, and unanimously carried that the bids for appurtenances for Well #6 be opened and publicly declared. The following bid was received from the Southern Pipe and Casing Company: Approx. 700 ft. 18" I.D. #10 Ga. Automatic Electric Fusion Welded Steel Pipe, in 24, 36 or 48 ft, lengths, asphalt dipped and 40# felt wrapped, with plain ends for butt weld- ing or belled ends for lap welding, per ft. --- $3.64. Bid Bond for 10% of the amount of the bid was attached. Moved by Councilman Fawcett-, seconded by Councilman Ortuno and unanimously carried that the bid on the Pipe bid referred. 184 Pipe be referred to City Engineer, Supt of Water & Power, City Attorney and Chairman of Water & Power for study and report back to Council. 40 41 CITY HALL AZUSA, CALIFORNIA IONDAY, MAY 2, 1955 7:30 P.M. The following bid was received from Rennsselaer Valve Company. 1 - 18" Rennsselaer list 340 Flanged end Check Valve e uipped with lever and spring. F&D 125#r Am. Std. - - - - $ 1,064.45 Plus 3% Sales Tax - - - - 31.93 $ 1,096.38 Bid Bond in the amount of 10% attached. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that the bid on the Valve Bid referred. 18" Check Valve be referred to City Engineer, City Attorney, Supt, of Water & Power and Chairman of Water & Power for study and report back to Council. City Clerk announced that three bids were received on the Volt Starters from the following companies'; Company Total Amount of Bid Westinghouse Elec. Supply $ 10,998.00 Los Angeles, Calif. General Elec. Company 9,150.00 Los Angeles, Calif. Allis-Chalmers Mfg. Co. $ 10,275.41 (less equipment not specified - 129.91 9,145.50 Bid Bonds in the amount of 10% of the bid was attached to each. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that these bids be Starter bids referred to City Attorney, City Engineer, Supt, of referred. Power and Water and Chairman of Water and Power for study and report back to Council. Mayor Memmesheimer announced a Hearing on the request for a variance from R-2 to C-1 for Lots 1 and 2. Block 52, by Mr. Leuvanos was held by the Planning Commission on April 20, 1955, and the Planning Commission recommended to the Council that this request be denied and referred to the City Council for final decision. Moved by Councilman Fawcett to accept the recommendation of the Planning Commission. Councilman Romero stated he would like Ito have this matter tabled in order to look into it further. Variance from R-2 Mr. Leuvanos appeared before Council to speak in his to C-1, Mr. Leuvanos own behalf and answer any questions concerning this denied. that might come up. It was brought out in discussion that when he first bought this property it was zoned for business and then changed to a residential zone. The motion made by Councilman Fawcett died for lack of a second. Moved by Councilman Romero that this matter be tabled until the next regular meeting. Mr. Joe Alva of 311 N. Azusa appeared before Council to voice his objections to granting this variance on the grounds that it is the only business in a residential section. Mr. Teasley of the Planning Commission stated that they had received a written petition of 19 names objecting to the granting of the variance. In reply to this, -42 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 Mr. Leuvanos stated that this petition was started because the neighbors thought he was going to put in a pool hall and sell beer. The motion of Councilman Romero died for lack of a second. Moved by Councilman Fawcett, seconded by Councilman Memmesheimer that the recommendation of the Planning Commission to deny the variance from R-2 to C-1 to Mr. Leuvanos be accepted. Councilman Johnson asked the City Attorney if he had a written opinion on the validity of the Planning Commissions meetings. City Attorney stated that as far as he knew the meetings of the Planning Commission are legally held, but up to the present time he has no written opinion on it. Mayor Memmesheimer asked for a vote to be taken on the motion. Councilman Johnson stated she would vote "Ido" on all matters from the Planning Commission until a written opinion on the validity of the Planning Commission meetings was given by the City Attorney. Councilman Ortuno stated he would cast a "Pass" vote in view of the fact that he was in business. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Memmesheimer NOES: Councilmen: Johnson, Romero ABSENT: None Mayor Memmesheimer submitted to Council the recommenda- tion of the Planning Commission to grant the petition of the Norac Company requesting a Special Use Permit to erect, construct, operate and maintain a chemical and plastic plant to be located on Motor Avenue in Azusa. Mr. Chester M. McCloskey, 1981 Sinaloa, Altadena, appeared before Council as a representative of the Norac Company. He stated that this anticipated business consists of the manufacture of fine chemicals, meaning that these chemicals are not manufactured in large quantities, in:.drum lots not in carloads, and sold in 40# - 100# lots. He stated that refuse that could not be disposed of by burning, would have to be disposed of by a safe sewer. It was brought out in discussion that there is always some hazard involved in the operation of a plant of this type, but they felt in their case this was minimized by the fact that they have 1-4/10 acres in which to operate. The Fire Chief appeared before Council and stated that he had not had a chance to look into this matter as yet and would like to do so. In view of this the Mayor suggested tabling the matter until the next meeting to give the Fire Chief a chance to investigate, but Mr. McCloskey would rather not post- pone this too long, if possible, as the lease on the plant they are presently located in will expire on July lst and they had hoped to have their new building up and ready to operate by then. City Engineer William- son stated he had gone over the plot plan with them and they seem to be very fire conscious. Their build- ings are spaced far enough apart, their water facilities are adequate and he felt sure they would work with the Fire Chief. Moved by Councilman Fawcett, seconded by Councilman Romero that Norac Company be granted a Special Use Permit contingent upon the filing with the City Clerk a written approval from the Fire Chief, Permit to be issued at the time the written approval is filed. TI 7:30 P.M. Special Use Permit for Norac Chem. Co, to be issued after written approval of Fire Chief. 44 45 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None Mayor Memmesheimer submitted to Council the recommenda- tion of -the Planning Commission to grant a variance from C-1 to C-3 for a Pet Shop at Azusa Square. Mr. Robert E. Pettycord of 337 W. Alosta, Glendora, appeared before Council and stated he would be both proprietor C-1 to C-3 variance and manager of this pet shop, and he has a lease from for pet shop to be the San Gabriel Properties, Inc, to run this pet shop, applied for by owner Mayor M mmesheimer stated that this variance should be of business. granted to Mr. Pettycord, and inasmuch as the applica- tion was made by the San Gabriel Properties, Inc., they would be holding the variance and not Mr. Pettycord; therefore, it was his opinion that a new application should be made under the name of Mr. Pettycord. Moved by Councilman Romero, seconded by Councilman Ortuno that the request of San Gabriel Properties for variance for a Pet Shop at Azusa Square be denied, and Mr. Pettycord be advised to make application in his own name for this variance. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None Mr. Cornelius Smith of the Planning Commission appeared before Council and stated that it was his understanding that this variance dould go either to the property owner or the individual operating the business. Recommendation from the Planning Commission was sub- mitted to Council regarding the request of Ben F. Variance for Irvin for a variance R-1 to C-3 for Upholstery Shop Upholstery Shop at 235 North San Gabriel. Ben F. Irvin -- Councilman Fa*cett moved that the Council accept the tabled. recommendation of the Planning Commission conditional upon final approval by Building Department, and if repair work not completed within 90 days the variance will expire. The motiondied for lack of a second. Discussion followed as to the possibility of conducting business without a variance for a period of 90 days while the building was being put into approved condition. Moved by Councilman Fawcett, seconded by Councilman Ortuno that this matter be tabled until the next regular meeting. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None City Engineer Williamson stated he would like to*have the minutes of the Planning Commission meeting of April 20th corrected to read that in regard to the Norac Compan;r they stated the City Engineer had prepared their maps, this work was done by the former City Engineer and not by Mr. Williamson. The request for business license to operate a Kiddyland at Azusa Square was again brought before Council. This had been tabled at the Council meeting of April 18th. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the request for business license to operate Kiddyland at Azusa Square be raised from the table. Correction for Plann. Comm. Minutes of 4/20/55. Business license for Kiddyland denied. CITY HALL _ AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 In discussion of the matter, the question of insurance came up. Mayor Memmesheimer stated that it was his opinion if this business license was granted the Council should insist on insurance in the amounts of $25,000 and $50,000. Police Chief Kendrick appeared before Council stating he did not think it was his place to make a recommendation on this other than the angle of traffic conditions and safety, in this respect he felt a business of this type was just like a permanent carnival and would create the same traffic problems. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried, that the request for business license for Kiddyland at Azusa Square be denied because of the traffic hazard it would create. Mayor Memmesheimer instructed the City Clerk to notify Mr. Gates that his request for business license to operate a Kiddyland had been denied. City Clerk announced that the request for permit to exhibit Craft Shows had been withdrawn. Letter was submitted to Council from Mr. Chester A. Booth, 941 W. Foothill Blvd., Azusa, requesting business license to operate In -and -Out Burger at this location. This business had already been in existance, and this was merely a change of ownership. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that business license be granted Mr. Booth to operate the In -and -Out Burger Restaurant on the condition that he present to the City Clerk a letter of approval from the Health Department. Letter was submitted to Council from the American Legion Auxiliary, Canyon City Unit 180, requesting permission to hold annual Memorial Poppy Day on May 27, 1955. Chief of Police Kendrick stated if this permission were granted it should be on the condition that no juveniles be permitted to sell in the street. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that permission be granted American Legion Auxiliary to hold annual Memorial Poppy Day on May 27, 1955, subject to any conditions which may be imposed by the Chief of Police. Mr. Herman Carpentier, Jr. Past Commander, acting for the Commander of American Legion of Azusa, appeared before Council to inquire about the possibility of their purchasing from the City, City property recently re- zoned to R-4 on Virginia Avenue. Their written request regarding this matter was submitted to Council. In answer to the Mayor's question as to the exact amount of property they would be interested in, the City Engineer explained it extended 125 feet west of Virginia Avenue and south of the tracks and that they could use the same legal description as in the Ordinance. Mr. Carpentier was advised that this property would have to be sold on a competitive basis, the sale going to the highest bidder. Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that the City Engineer be instructed to prepare property description and the City Attorney to prepare advertisement of sale and bids to be submitted to Council. Councilman Ortuno stated he felt there should be a minimum bid stated in connection with the sale of this City -owned property. Mayor Memmesheimer stated that this would necessitate an appraisal of the property. In further discussion the City Engineer pointed out that there was.certain work to be done on certain parts of 47 7:30 PM In -and -Out Burger Business License granted upon approval of Health Dept. Poppy Day - May 27 1955 -- American Legion Auxiliary American Legion request to purchase City - owned R-4 property on Virginia Ave. CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 that parcel of land which would greatly increase its value, and he would recommend that at this time the appraisal be made only on that property in which the Legion is interested, and the commercial corner, neither of which would be affected by these improvements. Moved by Councilman Ortuno, seconded by Councilman Johnson and unanimously carried that the City Attorney be authorized to obtain the services of a land appraiser to make appraisal of the land to be put on sale at 5th and Virginia, Zoned C-1 and R-4. The matter of the refund to San Gabriel Valley Kennel Club from deposits made for clean-up and police super- vision was again brought before Council. This had been tabled at the meeting of April 26th. Moved by Councilman Johnson, seconded by Councilman Fawcett and unanimously carried that the matter of the refund to San Gabriel Valley Kennel Club be raised from the table. Letter was submitted to Council from the Supt, of Public Works recommending that $30 of the $100 deposit made by the San Gabriel Valley Kennel Club for cleanup and main- tenance at the Dog Show be refunded. Letter was also submitted from the Chief of Police advis- ing that cost for police supervision amounted to $63.00 and any money over this should be refunded. There was $72.00 deposited for police supervision. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that a refund in the amount of $39.00 be made to the San Gabriel Valley Kennel Club. City Engineer submitted a report to Council on air con- ditioning of the City Hall. He recommended complete air conditioning combined with modern forced air heating unit, to be installed for three portions of the City offices - the Light & Water Dept. area and portion of the Fire Department, the Administrative area (the Clerk's office, the Accounting Office, the Women's Rest Rooms), and the Police Department area. The estimated cost would be $13,500.00 plus an engineering cost of $1,500. Since air conditioning engineering is a specialty of its own, he recommended that a firm specializing in this type of work be retained to prepare plans and specifications to insure the best possible installation at the least cost. Moved by Councilman Ortuno, seconded by Councilman Romero that the City Engineer be authorized to investigate and report on the cost of engineering and other pertinent information. Motion passed by the following vote: AYES: Councilmen: Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: Councilman Fawcett absent from the table. Letter was submitted from the City Engineer recommending the proposed Resolutions from the East San Gabriel Valley Planning Commission (regarding area Highway Project) be given favorable attention so that the appropriate resolu- tions can be delivered to the Board of Supervisors and the State in time for consideration in next year's budgets. He reported that a committee consisting of the City Engineers of all cities within the area held meetings to formulate a unified policy regarding proposed road im- provements at the State and County level. This Committee adopted two plans - one for State and the other for County Highways, and the East San Gabriel Valley Planning Commission endorsed these plans and sent copies of the proposed resolutions to each City concerned. 7:30 P.M. Appraisal to be made. Refund of deposit to San Gabriel Valley Kennel Club Air conditioning of part of City Hall bldgs. to be surveyed. Proposed Resolu- tions from East San Gabriel Planning Comm. 50 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 Councilman Fawcett offered the following Resolution entitled: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, COUNTY OF IAS ANGELES, STATE OF CALIFORNIA, APPROVING THE PRIORITY LIST OF HIGHWAY AND THOROFARE PROJECTS IMPORTANT TO THE CITY OF AZUSA, EAST SAN GABRIEL VALLEY, AND THE COUNTY OF LOS ANGELES FOR WHICH SPECIAL LOS ANGELES COUNTY ROAD DEPARTMENT FUNDS ARE REQUESTED AS SET FORTH IN EXHIBIT A AND EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF." Councilman Ortuno man Romero. This following vote: AYES: Councilmen: NOES: None ABSENT: None moved its adoption, seconded by Council - Resolution passed and adopted by the Fawcett, Ortuno, Johnson, Romero, Memmesheimer and numbered Resolution #3204. Councilman Johnson offered the following Resolution entitled: "RESOLUTION OF THE COUNCIL, CITY OF AZUSA, COUNTY OF IAS ANGELES, STATE OF CALIFORNIA, RECOGNIZING A SERIOUS TRAFFIC PROBLEM ON AZUSA AVENUE, A STATE HIGHWAY, IMPORTANT TO THE CITY OF AZUSA, THE EAST SAN GABRIEL VALLEY, THE COUNTY OF LOS ANGELES, AND THE STATE OF CALIFORNIA FOR WHICH AN IMMEDIATE SOLUTION IS REQUESTED, NAMELY, THE WIDENING AND PAVING OF AZUSA AVENUE BETWEEN THE SAN BERNARDINO FREEWAY, A STATE FREEWAY, AND U. S. HIGHWAY NO. 66 IN THE EAST SAN GABRIEL VALLEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA." Councilman Fawcett moved its adoption, seconded by Councilman Romero. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution #3205. Councilman Fawcett offered the following Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, STATE OF CALIFORNIA, CONCURRING IN THE REQUEST OF THE CITY OF WEST COVINA, CALIFORNIA, FOR COMPLETE CLOVER- LEAF TYPE TRAFFIC INTERCHANGES ON THE SAN BERNARDINO FREEWAY." Councilman Johnson moved its adoption, seconded by Councilman Ortuno. This Resolution passed and adopted by the following vote: AYES: Councilman: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3206 Councilman Fawcett offered the following R solution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO PLACE 51 7:39 P.M. Resolution No -3204 Request for Specia Los Angeles County Road Department Funds. Resolution No -3205 Widening of Azusa Avenue Resolution No -3206 Request for Cloverleaf type traffic inter- changes on San Bernardino Freeway. Resolution No.3207 To place Azusa Ave on State Highway System. '52 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 AZUSA AVENUE IN THE EAST SAN GABRIEL VALLEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ON THE STATE HIGHWAY SYSTEM FROM THE SAN BERNARDINO FREEWAY TO STATE ROUTE 172." Councilman Fawcett moved its adoption, seconded by Councilman Ortuno. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Mommesheimer NOES: None ABSENT: None and numbered Resolution No. 3207 City Engineer presented a letter to Council submitting a resolution and project statement relative to setting up a State Gas Tax Project to cover certain paving work in Cerritos Avenue between First and Mason Street for Council's consideration. Councilman Fawcett offered the following Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, DIRECTING THE CITY ENGINEER TO TAKE THE NECESSARY STEPS TO ESTABLISH A STATE GAS TAX FUND PROJECT TO ACCOMPLISH THE PAVING OF CERRITOS AVENUE FROM FIRST STREET TO MASON STREET." Councilman Fawcett moved its adoption, seconded by Councilman Ortuno. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3208 City Engineer submitted a letter to Council reporting that the contract with A. R. Milosevich and Son of Arcadia covering the installation of Sanitary Sewers in portions of Rodecker Drive, Hanks, Second and Duell Streets, --and Cerritos Avenue, is now complete, and the work has been inspected and approved by the County Sanitation Department. City Engineer requested a motion passed to accept this contract as complete and instruct the City Clerk to file notice of completion with the County Recorder. Moved by Councilman Johnson, seconded by.Councilman Ortuno and unanimously carried that the contract with A. R. Milosevich & Son for installation of sanitary sewers be accepted as complete and City Clerk instructed to file Notice of Completion with County Recorder. City Engineer submitted a letter stating that he had been requested by the owners of property west of Motor Avenue in the Paramount Tract to ingf2ire as to the possibility of the City accepting a dedicated street 220' long west from Motor Ave., about 75' north of the center line of Roosevelt Avenue. Maps showing this proposed dedication were presented to Council members. It was stated that this street was intended to provide access to three parcels of land planned for industrial development, and that the developers of the area were willing to pay all costs of this work. 53 7:30 P.M. Resolution No -320E State Gas Tax Fund Project for Paving of Cerritos Ave. Notice of Com- pletion -- Sewer Project--�r120 Engineer to study & report on proposed dedica- tion of street (Paramount Ave. west of Irwindale) r r r � r ` � r r .V CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that City Engineer work out conditions required for dedication and report back to Council. Letter was submitted to Council from the City Engineer regarding minimum lot sizes for industrial and commercial areas. It was stated that at present vie have no minimum lot size requirement for industrial tracts. It was his recommendation that the Planning Commission be directed to make a study of the proper minimum lot sizes in industrial and commercial areas and set up a temporary interim zoning. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that the recommendation of the City Engineer be accepted and this matter be referred to the Planning Commission for study. City Engineer stated that plans and specifications for another sewer project, Project #123, had been completed by his office and would like to have the Notice Inviting Bids to be advertised. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that City Clerk be authorized to advertise for bids on Sewer Project #123, bids to be opened May lo, 1955. 55 7:30 P.M. Planning Comm, to study interim zoning for M-1, M-2 lot sizes. Advertise for bids Sevier Project #123 Letter was submitted by the Park and Recreation Commission recommending certain personnel for the swimming pool for the coming summer season. It was brought out in dis- Pool personnel cussion that nearly all the personnel were residents of 1955 Season Azusa, and that the rate of pay, in most cases, would be the same as last year. Moved by Councilman Romero, seconded by Councilman Fawcett, and unanimously carried that the recommendation of the Park and Recreation Commission be accepted regard- ing the Pool personnel to be employed for the summer season, and the City Attorney authorized to draw up Resolution setting forth rate of pay to be furnished by Park and Re- creation Commission. Park and Recreation Commission submitted a letter to Council recommending the filling in of holes, in kind, left by the removal of dead trees along all streets in the commercial zones. It was their opinion that this would be more advantageous in the commercial areas than replanting trees there. Moved by Councilman Romero, seconded by Councilman Johnson and unanimously carried that the recommendation of the Park and Recreation Commission be accepted and that holes left in the commercial areas by the removal of dead trees be filled in, in kind. Letter was submitted by the Park and Recreation Commission requesting that Council appoint a delegate to contact the Armory Board concerning any proposed improvements con- templated by them in connection with the beautification of Memorial Park. Moved by Councilman Ortuno, seconded by Councilman Fawcett that Councilman Johnson contact Armory Board as to their intentions as per letter from Park and Recreation Commission. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None Holes left by tree removal to be filled in ( commercial district). Councilman Johnson to contact Armory Board. 56 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 Councilman Johnson, after reading, filed the following statement with the City Clerk: "Mr. Mayor and members of the City Council: As the elected representatives of the citizens of Azusa this City Council is charged, under oath of office, with the high duty of protecting the constitutional rights of all the people we represent. These rights include the guaranty that neither property, nor the use of property, may be taken from the taxpayers without due process of law. The legislature has provided that the City Attorney shall advise the city officials in all legal matters pertaining to city business. There are two very important legal matters now before the City Council. One of these matters is the lawsuit in which I am the plaintiff. This lawsuit raises objections to the attempted discontinuance by the City Council of -the annexation proceeding known as "Easterly Annexation District No. 5." The other of these matters deals with the proposed amendment of the zoning ordinance with respect to minimum lot sizes. It is quite obvious that the City Council will need legal advice which is concerned only with the best interests of the taxpayers. The City Attorney was appointed in October of 1953. Individually and as a member of the firm of Tscharner and Miller, he served as City Attorney from about 1932 until April of 1950. 57 7:30 P.M. A filed statement of Councilman Johnson With respect to this annexation, there is a letter on file, dated March 7, 1955, from the Azusa Foothill Citrus Company requesting its discontinuance. Their interest in the matter is therefor plain. According to the memorandum filed by the City in the lawsuit mentioned, this company owns about half, or 75 acres of the 150 acres of land proposed to be annexed under the last action of the Council. Moreover, the City of Azusa operates its own water supply system, amply able to supply all the lands proposed to be annexed. The Azusa Valley Water Company is a privately owned water company. On the recommendation of the City Attorney and the City Engineer, February 15,_1955, the Mayor, by a letter of the same date, purported to agree on behalf of the City of Azusa that this privately owned company would furnish water service to the area to be annexed. It is my information that the Azusa Foothill Citrus Company and the Azusa Valley Water Company have an interlocking ownership and management. Public records disclose the following information: 1. The City Attorney filed the articles of incorporation 'for the Azusa Valley Water Company. 2. The law firm of O'Melveny, Milliken and Tully were the attorneys of record for the Azusa Foothill Citrus Company. It is my information that this firm is the predecessor firm of O'Melveny and Myers. T M CITY HALL AZUSA, CALIFORNIA :MONDAY, MAY 2, 1955 7:30 P.M. 3. The firm of O'Melveny and Myers has been employed by the Council to assist the City Attorney in the law suit mentioned above. 4. Mr. Hugh L. MacNeil is a Senior Associate in said firm. I am informed that he is a stockholder, officer, or director of the Azusa Foothill Citrus Company. In a recent case the court said: "The obligation to represent the client with undivided fidelity and not divulge his secrets or confidence forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to the confidence which has been reposed. "The conduct prescribed by this Canon must be considered together with the limitations stated in Rule 5 of the California Rules of Professional Conduct and Canon 37 on which Rosenthal relies. That the rule stated in Canon 6 is based on public policy is clearly evidenced by the cases. 'In Hatch v. Fogarty, (40 How Pr 492 (1871) the Court said - 'It is fundamental, in respect to the duty of an attorney towards his client, that he should not use any information, which he has derived from his client, to the prejudice or injury of his client, and especially that he shall not act in opposition to his client's interests; and the rule is laid down in Fergusons Irish Practice, 27, that lest any temptation should exist to violate pro- fessional confidence, or to make improper use of Information which an attorney has acquired confidentially, as well as upon principles of public policy, 'he will not be permitted to be concerned on one side of proceedings in which he was originally in a different interest.'' (Cf., as to public policy in such cases, Strong v. In- ternational etc. Union, 82 Ill. App. 426, 431, affd. 183 Ill. 97, 47 L.R.A. 792). "From these pronouncements its appears that an attorney is forbidden to do either of two things after severing his relationship with a former client. He may not do anything which will injuriously affect his former client in any matter in which he formerly represented him nor may he at any time use against his former client knowledge or information acquired by virtue of the previous relationship. Obviously the use of confidential information is but one of the ways in which a lawyer may act to injuriously affect a former client. "It is also an attorney's duty to protect his client in every possible way, and it is a violation of that duty for him to assume a position adverse or antago- nistic to his client without the latter's free and intelligent consent given after full knowledge of all facts and circumstances (In re Boone, 283 Fed. 944, 954, 955) By virtue of this rule an attorney is precluded from assuming any relation which would prevent him from devoting his entire energies to his client's interests. Nor does it matter that the intention and motives of the attorney are honest. The rule is designed not alone to prevent the dis- honest practitioner from fraudulent conduct, but as well to preclude the honest practitioner from putting himself in a position where he may be required to choose between conflicting duties, or be led to an attempt to reconclie conflicting interests rather than enforce to their full extent the rights of the interest which he should alone represent." 171, CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 As elected public officers representing all the taxpayers we have a special duty to require that there should not be even the appearance that the City Council is not obtaining legal advice from attorneys who can devote their full energies to the best interests of the City of Azusa and who are not embarrassed by any attempt to reconcile conflicting interests. In view of the foregoing I move as follows: That the City Attorney and O'Melveny and Myers be ordered within five days from this date to file with the City Council written statements directed to the sub- ject of any possible conflicting interests in their representing the City in these matters; and 7:30 P.M. That in the meantime and pending further action by the City Council, neither the City Attorney nor O'Melveny and Myers perform any further services in connection with either of these matters; and that this Council adjourn this meeting to an adjourned regular meeting on May 9, 1955, at 7:30 P.M. to consider said written statements and to take such action in the premises as may be proper. (sgd) Martha M. Johnson" City Attorney stated that he is not representing diverse interests at all, he has given the City Council his unbiased legal opinion in every matter that has come before it. He stated there have been no conflicting interests and when there is, he will resign as City Attorney. Answer by City Mr. Tscharner stated: "I will make Mrs. Johnson a propo- Attorney. sition right now. If she will resign from the City Council and quit tearing down the City of Azusa in the eyes of the public, i will resign as City Attorney." Mayor asked if there was a second to the motion made by Councilman Johnson. This motion died for lack of a second. City Attorney submitted letter of thanks to City Council for the wire sent to Assemblyman Geddes opposing Bill AB1934. Moved by Councilman Romero, seconded by Councilman Johnson and unanimously carried that this letter be filed. Councilman Johnson offered the following Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, ADVANCING THE SALARY OF ALBERT L. KENDRICK, CHIEF OF POLICE, FROM STEP 4 TO STEP 5 OF THE CITY PAY PLAN, EFFECTIVE AS OF MAY 1, 1955." Councilman Johnson moved its adoption, seconded by Councilman Romero. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Johnson, Memmesheimer NOES: None ABSENT: None and numbered Resolution #3209. 61 Motion died for lack of a second. Protest AB1934 acknowledged by Assemblyman Geddes. Resolution No -3209 Chief Kendrick Step 4 to 5. .62 63 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY2, 1955 7:30 P.M. Councilman Romero offered the following Resolution Resolution 110.321C entitled: City to share Area D, Civil "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Defense expense. LOS ANGELES COUNTY, CALIFORNIA, AUTHORIZING THE PAYI4ENT OF ITS PROPORTIONATE SHARE OF THE EXPENSE OF CIVIL DEFENSE AND DISASTER BOARD OF AREA "D" IN THE SUM OF $989.06 AND DIRECT11IG PAYMENT THEREOF." Councilman Romero moved its adoption, seconded by Councilman Ortuno. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution N . 3210. Councilman Romero offered the following Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF SHE CITY OF AZUSA LOS ANGELES COUNTY, CALIFORNIA, APPOINTING H. GILBERT NELSON TO THE PLANNING COMMISSION OF SAID CITY EFFECTIVE AS OF APRIL 6, 1955." Councilman Romero moved its adoption, seconded by Council- man Fawcett. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3211 Councilman Ortuno offered the following Resolution entitled: "A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF AZUSA TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS "EASTERLY ANNEXATION DISTRICT NO. 5 (REVISED)" AND GIVING NOTICE OF THE PROPOSED ANNEXATION" Councilman Ortuno moved its adoption, seconded by Councilman Romero. This Resolution was passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None and numbered Resolution No. 3212 Councilman Ortuno offered the title reading and waived the further reading of Ordinance entitled: "ADI ORDINANCE:OF THE CITY CODICIL OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 5.4 OF ARTICLE V OF ORDINANCE NUMBER 409 OF THE CITY OF AZUSA, ENTITLED "AN ORDINANCE ESTABLISHING A ZONING ARID DISTRIBUTING PLAN WITHIN THE CITY OF AZUSA, CREATING THIRTEEN USE ZONES, REGULATING THE USE OF PROPERTY, HEIGHT AND AREA OF STRUCTURES AND OPEN SPACES FOR LIGHT, AIR AND VENTILATION; ADOPTING A AIAP OF SAID ZONES; DEFINING TERMS USED; PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT, AND AMENDMENT TIEREOF; PRESCRIBING PENALTIES FOR VIOLATION; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH" AS SAID ORDINANCE IS AMENDED." Resolution No -3211 H. Gilbert Nelson to Planning Commission. Resolution Hearing re: Annexation (revised). No.3212 No. 5 Ordinance No.462 6,000 sq. ft. lot size area. CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 Councilman Ortuno moved its adoption, seconded by Councilman Romero. This Ordinance was passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None and numbered Ordinance No. 482 Councilman Romero offered the title reading, and waived the further reading of Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING PROCEDURE FOR THE OPENING OF BIDS FOR PUBLIC PROJECTS." Councilman Fawcett moved its adoption, seconded by Council- man Ortuno. This Ordinance passed and adopted by the following vote: AYES: -,Councilmen: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Ordinance No. 483 City Attorney presented to Council a partial reply to the request of Councilman Johnson for his written opinion on certain points listed in her request of April 24, 1955. His report was as follows: "City Council of City Hall Azusa, California Gentlemen: the City of Azusa I have been requested by Councilwoman Martha Johnson to give you my opinion on certain points embraced in that request which is dated April 24, 1955. I understand also that a copy of said request has been given to each of you. The first question for which an opinion is requested reads as follows: The Council may authorize attendance of City officials and employees at conferences of benefit to the City, and may advance City funds to cover the tactual and necessary' expenses of travel and attendance at such conferences, and no more." T 7:30 P.M. Ordinance No. 483 re: Opening of bids in Clerk's Office. In reply thereto, you are advised that it is my opinion that it is legal for the City Government to finance the expenses of its officials or employees to attend conferences or conventions at which matters relating to the official duties of their respective office will be discussed. That question has held the attention of courts of different states of the nation and such reports of more recent dates sustain the foregoing opinion. in the case of "INHABITANTS VS. MINER" decided in 1934 by the Supreme Court of the State of Maine, the following question was involved: "Could community funds be used to pay the expense of attendance by school superintendents at a convention?" The Court in that case stated: "The progress and advancement of our educational system demands trained superintendents, educated, experienced, and in touch with modlern school methods Vil 67 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. and practices, and it is now generally recognized that conferences of superintendents, as well as teachers, have a real educational value and tend to promote the efficiency of those attending." There can be no question but that attendance by City officials and employees at conferences at which the line of work in khich the employee or official is engaged, is under discussion, will tend to promote the efficiency of those attending. In the case of "MADDEN VS. RILEY" found in 53 California Appellate 2nd, our Court has laid down -the rule as follows: "The purpose for which a public official attends a convention must have a direct connection with the fulfillment of his public duties in order to entitle him to reimbursement for traveling expenses incidental thereto." In that case, the court recognizes the propriety and legality for paying necessary expenses for such attendance. Section 50080 of the Government Code provides as follows: "When the legislative body of a local agency orders an official or employee to attend a special training school, he may be paid from the treasury his traveling and other actual and necessary expenses incident to attendance at the school." The conferences which the officials or employees may attend, in my opinion, are in the nature of a school. The official or employee is there for the purpose of learning more and advancing his efficiency in connection with the work he or she may be doing for the local community. I call your attention to an opinion on this question written by Harold W. Kennedy, County Counsel of Los Angeles County and Arvo Van Alstyne, Deputy County Counsel, which is found in Western City publication of April, 1953, beginning an page 37, and which opinion concludes as follows: "The reported court decisions, particularly in recent years, have laid a firm legal foundation for local government to finance the expenses of official attendance at conferences and conventions at which matters relating to the official duties of their office will be discussed. In the absence of specific statutory restrictions peculiar to a particular jurisdiction, the trend of judicial decisions appears to definitely favor greater discretion upon the part of local governing bodies to determine when such expenditures will be of real bene it to local government. This tendency, it is submitted, not only is a reflection of the steady march of our industrial technology, but represents a growing realization of the greater importance of local city and county government in our increasingly urban society." Section 65433 of the Government Code relates to members of the Planning Commission only and their attendance at conferences and hearings and provides as follows: "MEMBERS OF COMMISSION TO INFORM SELVES ON FUNCTIONS AND DUTIES; ATTENDANCE AT CONFERENCES AND HEARINGS; TRAVELING EXPENSES. The members of an area, county, or city commission, including advisory members and members of its staff, shall inform themselves on matters affecting the functions and duties of the 11 lF CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. commission. For that purpose, and when authorized such members may attend planning conferences, meetings of planning executives, or hearings on planning legislation or matters affecting all or part of the master plan.. The reasonable traveling expenses incidental to such attendances shall be charges upon the funds allocated to the commission or the department. The commission or the department may when authorized pay dues -for membership in organizations engaged in the study of planning." I repeat that it is my opinion that necessary expenses of any city official or employee attending conferences which better fits them to perform the work for which they are employed or elected is proper and legal and should result in benefit to the city. The second question is "Should such expenses be accounted for in detail as to determine the actual and necessary amounts?" The decisions and statutes provide for payment of actual and necessary expenses. There is no provision that I can find which lays down a requirement for a detailed account. Just what items may be included in the expression "actual and necessary amounts" involves more or less a discretion on the part of the legislative body. Personally, I would say that which includes all traveling expenses, such as car fare, berths on trains, hotel rooms, meals, tips, cabs when your convention is in the City of considerable size and meeting places may be in distant one from another, and possibly other incidentals. In further answer to Item I of said request, I am sure you well know without relying upon a legal opinion, that the expense of spouses, relatives or friends cannot be included in an expense account against the City. Any liquor purchase, I would not include as an expense to be charged against the City. If attendance at a night club includes only a meal which would be purchased somewhere else if the night club is not attended, then a reasonable fee for such meal might be legitimate. It is my opinion that any amount in excess of the actual and necessary expense approved by the City should be returned to the City. If not so returned, it would be in effect increasing the salary of such officer, official or employee, which would be in violation of law. Relative to Item VI of your first question, I would say that the method of accountability for reasonable expenditure is entirely up to the City Council which accountability may be regulated by resolution. In further reply to Item I of your request, I have no hesitation in saying that it is my opinion that the expense account in some detail should be filed and passed upon by the Council and when so filed it is a public document. In reply to Item II of your request, as you well know, the City adopted a budget calendar for the preparation, compellation, review and adoption of an annual budget, same being Ordinance No. 479. Section 2 of said Ordinance provides "that annually on or before the first Monday in the month of May, each Commission, Board, Division or Department Head shall file with the budget officer on the TO CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 forms provided, budget reauests for all proposed operating expenditures in the succeeding fiscal year". It is exceedingly plain from the reading of said provision that it is the duty of the head of the depart- ments to comply with the provisions of that Ordinance and failure to do so is in violation of their duties. Such department heads being under the Civil Service Ordinance, the requirements of that Ordinance would be applicable in such instances, namely complaint may be filed against the head of the department for failure to comply with his duties and if found in violation, would be subject to discharge. There are many other and further requests made in your communication of April 24. Opinion on the balance of such reauests will be submitted at the next regular Council Meeting. Respectfully, (sgd.) P. J. Tscharner City Attorney" Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that the report of the City Attorney be filed. Supt, of Light and water Department appeared before Council to report on the findings of the Committee appointed at last regular Council meeting to study the bids submitted for the purchase of a new 2 -ton heavy duty truck. He stated that of the two bids submitted, the bid of Norman King, Dodge Dealer in Azusa, was approximately $91.00 less than the other. After the bids were opened, it was decided that the flat bed on the truck would not be necessary so Mr. Smith went back to each dealer and in- quired as to the price of the truck without the flat bed. The prices submitted, without the flat bed, .resulted in Clippinger Chevrolet of Covina having the lowest figure. Supt. Smith asked the City Attorney what the ruling would be in such a situation. City Attorney stated that it was his opinion that the Council should accept the bids as opened on April 18th according to the published notice for bids, which included the flat bed, then if any part was not needed, the procedure would be to return to the lowest bidder and ask for a. reduction in price for the elimination of that .certain part. Moved by Councilman Johnson, seconded by Councilman Fawcett, and unanimously carried, that the low bid of Norman King be accepted and Bidders Bond be returned to the unsuccessful bidder. 7:30 P.M. Bid for truck awarded to Norman King it The claim of J. L. McLaughlin in connection with accident involving City truck driven by Cal Garnett was presented to Council. Lrhe City Attorney stated there was a conflict of statements in the reports he obtained from the two drivers, and that it was his opinion that both were guilty of negligence and neither would be able to recover from Claim for auto the other, damages referred Moved by Councilman Johnson, seconded by Councilman to City Atty. & Romero.that the request of J. L. McLlaughlin for damages Insurance Co. be denied. After some further discussion of the matter, Councilman Johnson withdrew her motion and Councilman Romero withdrew the second. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that the claim of J. L. McLaughlin for damages resulting from accident involving a City truck be referred to the City Attorney to check with the Insurance carrier. 72 73 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY2, 1955 7:30 P.M. The subject of amendments to the Civil Service Rules and Civil Service Regulations covering sick leave as recommended by the Sick Leave Amend - Personnel Board, was left tabled until the next regular ment - tabled. Council meeting. Chief Accounting Officer submitted to each Council member a report on Insurable Values of City -owned property and requested authorization to increase insurance coverage as per report. Moved by Councilman Fawcett, seconded by Councilman Romero, and unanimously carried that the recommendation of the Chief Accounting Officer be accepted and he be authorized to increase the insurance coverage as per his report. Chief Accounting Officer submitted to Council a re- quest for authorization to send two Account Clerks, Mrs. Adelaide Johns and Mrs. Emily Adams to the National Cash Register Co. Operator's School during the week of May 16th - 20th. It was brought out in discussion that the absence of these Account Clerks from their respective offices at this particular time would create a hardship in the offices concerned, and possibly a more suitable time could be arrived at. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that Chief Accounting Officer get together with the Department Heads to decide the most appropriate time for the Account Clerks to attend the National Cash Register Company Operator's School. Letter was submitted from Chamber of Commerce advising that they had passed a resolution recommending the appointment of an additional judge to the Citrus Judicial District, and copy of this Resolution was attached. It was their feeling that the Citrus Municipal Court's facilities should be augmented. Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that this letter be filed. Chamber of Commerce submitted a letter to Council offer- ing to the City the large photomural used as the exhibit background for the Chamber of Commerce display at the Los Angeles County Fair last year. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that Council accept gift of photomural and refer this to City Engineer to in- vestigate as to best place for displaying it. Chamber of Commerce submitted Statement of Income and Expenditures for the three months period ended March 31, 1955, and for the nine months period ended March 31, 1955, as prepared by their Auditor. This matter was turned over to the City Attorney to check. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that this be tabled until report' is received from the City Attorney. The matter of the possible relocation of the Ladies Lounge was brought before Council and it was decided that this should be left tabled. The matter of the use of recreational facilities for County residents was again brought before Council. City Attorney stated he had discussed this with both Mr. Dawes and County -counsel and they had no objections. Mayor Memmesheimer stated that it was his thought that if permission were given, it would be found that fewer would actually take advantage of it than anticipated. Councilman Ortuno stated he felt the City should en- courage the friendship of those outside the -.City limits. Insurance coverage to be increased. Accounting Officer to consult with Dept. Heads re: School for machine operators Chamber of Comm. letter re: additional Judge at Citrus Court - ordered filed. City to accept photomural. Chamber of Comm. Financial Report referred to City Atty. Ladies Lounge matter remains tabled. City not to en- courage partici- pation of recrea- tionalprogram by County areas. T4 76 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. Moved by Councilman Johnson, seconded by Councilman Fawcett that the City not encourage people outside the City limits to use the recreation program of the City of Azusa. Motion passed by the following vote: AYES: Councilmen: Fawcett, Johnson, Romero NOES: Councilmen: Ortuno, Memmesheimer ABSENT: None Mayor Memmesheimer announced that there would be a meeting at the Citrus J. C. Library May 9th, at 8 P.M. School Tax increas regarding the proposed tax increase for operation of to be discussed Secondary Schools and it was his feeling that all May 9th. should attend and show public interest in what they anticipated doing with taxes in order to support the bond issue when it comes up on May 20th. The Mayor announced an invitation to the ground break- ing ceremony on the new campus of the Los Angeles Ground breaking - State College of Applied Arts and Sciences on May 5, L. A. State 1955, at 2 P.M. He stated it would be well for some- College one to attend this, and asked if anyone who would be interested to contact the City Clerk. Councilman Romero brought up the subject of the proposed repairs to the Library. It was brought out in discussion there was a possibility of a neva Library being built in Library repairs the near future, and that it would be a good idea for the Library Board Council to meet with the Library Board to see what can Meeting. be done. The next meeting of the Library Board will be Thursday, May 5th and it was suggested that as many of the Council members attend as possible. Moved by Councilman Ortuno, seconded by Councilman City Attorney to Romero and unanimously carried that City Attorney be study a per diem authorized to investigate the legality of per diem rate for rate of expenses for City officials and employees who expenses. are absent from the City on city business. Moved by Councilman Johnson, seconded by Councilman Bills and Ortuno and unanimously carried that the Bills and Requisitions Requisitions be paid. ( c.w-3a 9 -i —3113) WATER FUND 5662 Burroughs Corporation $ 7.47 5663 Hilda Eastman, Collector 1,901.04 5664 Leo Harlan 19.34 5665 Pete's Body & Fender Shop 278.45 5666 Southern Counties Gas Co, of Calif. 29.12 5667 Valley Cities Supply Company 202.20 5668 City Employees' Payroll Account 2,524.89 LIGHT FUND GENERAL FUND 9029 Curtis W. Anderson 5.30 9030 John A. Avedesian 1,784.75 9031 Azusa Camera Shop 14.20 9032 Azusa Cleaners & Dyers 5.60 9033 Carl Entenmann & Son 50.64 9034 Azusa Herald 107.51 Burroughs Corporation 7.48 '5877 5878 Hilda Eastman, Collector 43.60 5879 Southern Calif. Edison Co. 20,058.96 5880 Valley Cities Supply Co. 20.30 5881 Westinghouse Electric Supply Co. 1,102.68 5882 Zimco Electric Supply Company 1,462.64 5883 City Employees' Payroll Account 2,938.64 GENERAL FUND 9029 Curtis W. Anderson 5.30 9030 John A. Avedesian 1,784.75 9031 Azusa Camera Shop 14.20 9032 Azusa Cleaners & Dyers 5.60 9033 Carl Entenmann & Son 50.64 9034 Azusa Herald 107.51 76 77 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 2, 1955 7:30 P.M. 9035 Azusa Paint &.Wallp2per Company $ 62.80 9036 E. D. Bullard Company 23.18 9037 H. C. Burgraff, M.D. 80.50 9038 Business Systems Inc. 250.67 9039 George F. Cake Company 20.68 9040 California State Dept. of Works 112.02 9041 Canyon Drive Market 30.30 9042 J. H. Coombs 205.16 9043 Deigaard Nurseries 77,47 9044 _Hilda Eastman, Collector 1,647.00 9045 Edward's Supply Company 39.11 9046 Films, Inc. 11.83 9047 Foothill Drug 2.50 9048 Foothill Classifieds 8.40 9049 Foothill Stationers 115.88 9950 Ben Franklin Store 3.66 9051 ''9052 Glendora Press 48.40 Gregory's Drugs h L 7 9053 Grilwold & Company 9054 Thelma Gross (Thelma's Cafe) 164.66 9055 Hardison Cleaners 5.00 9056 Leo Harlan 129.70 9057 Hearne Bros. 9058 Glen E. Hummer Construction Co. 23.29 14,824.57 9059 The Independent 17.00 9060 Johnson's Plumbing & Appliance Co. 71.58 9061 Shelley F. Jones 17.42 9062 9063 A. L. Kendrick, Chief of Police Martin 15.00 9064 Kordick Evelyn 2,133.40 Lake, Personnel Clerk 12.19 9065 Marlowe R. Madison & Son 149.10 9066 Los Angeles County Dept, of Charities 13.59 9067 Southern Calif.Municipal Athletic Federation 10.00 9068 9069 Los Angeles County, Office of the Sheriff Louis 149.80 The Tailor 861.03 9070 McLees Shade & Linoleum 28.98 9071 Mel's Sporting Goods Q�).68 9072 James Miller 8.20 9073 National Fire Protection Assn. 138.50 9074 O'Shaughnessy Construction Company 22,421.74 9075 William Pacifico 25.00 9076 Patterson -Williams Mfg. Co. 420.24 9077 Progress Bulletin 1.32 9078 Railway Express Agency 10,57 9079 Richter's 3.10 9080 San Gabriel Valley Kennel Club 39,00 9081 Eugene Sillert 144.00 9082 Stockwell & Binney 16.72 9083 Valley Cities Supply Co. 1,084.23 9084 Jerry Warren 100.00 9085 Francis E. Warren 180.00 9086 Westinghouse Electric Supply Co. 4,031.63 9087 Zimco Electric Supply Company 53,16 9088 City Employees' Payroll Account 18,509.92 Mayor Memmesheimer announced a Director's Meeting on May 5th at the Huntington Hotel. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that this meeting adjourn. Time of adjournment 12:10 A.M. /74� y Clerk o Azusa Director's Meeting 5/5/55 Adjournment.