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HomeMy WebLinkAboutMinutes - May 16, 1955 - CC (2)CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. 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. Flag Salute Invocation was offered by Rev. Paroulek. Invocation 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 May 2, Corrections 1955. Councilman Johnson stated that on Page49, in the motion regarding the air conditioning of the City Hall, the word "appurtenant" should be corrected to read "pertinent". Also, on Page 57 "Easterly District No. 5" should be corrected to read "EasterlAnnexation District No. 5", also on page 57 the words 'the Mayor" should be inserted after "February 15, 1955". Councilman Johnson noted that on Page 75, lst paragraph, the vote on the motion was missing. This should be inserted as follows: "Motion passed by the following vote: AYES: Councilmen: Fawcett, Johnson, Romero NOES: Councilmen: Ortuno, Memmesheimer ABSENT: None" As there were no other corrections to be made, the Mayor announced the Minutes of the Meeting of May 2, 1955, will stand approved as corrected. Councilman Johnson stated it was her opinion that until the City Attorney had replied to her questions regarding his association with local companies, Council should not proceed with any other business which might require his legal opinion. Upon the advice of the City Attorney that it would be legal to proceed with the opening of the bids received for construction of sanitary sewers, the Mayor asked for a motion -for the opening of these bids. Moved by Councilman Romero, seconded by Councilman Ort no, that the bids on Project #123 for construction of Sanitary Sewers be opened and publicly declared. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman: Johnson ABSENT: None City Clerk announced that he had received six bids in answer to the Notice Inviting Bids for the construction of Sanitary Sewers in portions of Gladstone and Paramount Streets, Aspan, Virginia, and Vernon Avenues, Project #123. Bids were received from the following Companies: COMPANY TOTAL AMOUNT OF BID Bosko & Bradarich Co. $48,782.00 Pico, Calif. Chas. L. Burch & Sons 47,768.00 El Monte, Calif. Burke -Howard 65,145.00 El Monte, Calif. Statement from Councilman Johnson Bids opened Sewer Project #123 79 T CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 COMPANY TOTAL AMOUNT OF BID Martin Kordick $ 53,399.34 Arcadia, Calif. A. R. Milosevich & Company 55,486.35 Arcadia, Calif. The Stanfield Co., Inc. 69,641.42 Pomona, Calif. Each bid was accompanied by Bidder's Bond in the amount of 10% of the bid submitted. Moved by Councilman Romero, seconded by Councilman Ortuno that these bids be referred to the City Engineer, City Attorney, Supt, of Public Works, and Chairman of Public Works for study 2tnd report back to Council. Motion passed by the following vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman: Johnson ABSENT: None Mayor Memmesheimer announced that this was the time and place set for the hearing of protests in regard to Northerly Annexation No. 6, as advertised on April 14, and 21, 1955. The Mayor asked if there were any written protests received in the Office of the City Clerk. The City Clerk stated there were no written protests received in his office. The Mayor then asked if there were any persons present in the audience who wished to make protest to this Northerly Annexation. No one came forward. There being no protests, oral or written, the Mayor then asked for a motion to close the hearing. Moved by Councilman Romero, seconded by Councilman Ortuno, and unanimously carried that the hearing on Northerly Annexation No. 6 be closed. Councilman Ortuno offered for its first reading the Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "NORTHERLY ANNEXATION NO. 6" TO THE CITY OF AZUSA." The City Attorney then read Ordinance No. 484 in full. The Mayor announced the second reading of this Ordinance will be held in these Council Chambers at the next regular meeting of Council on June 'o, 1955. Planning,Commission submitted a recommendation to City Council at the meeting of May 2, 1955, granting a variance to San Gabriel Properties Inc., Ben Krems, President, from C-1 to C-3 for the purpose of operating a pet shop at 626 East 8th Street. It was the opinion of the Council that the Variance should be applied for by the operator of the business. City Clerk stated that at the Planning Commission Meeting of May 2nd City Attorney ruled that the owner of the property was the one who should apply for the variance. City Attorney stated it was his opinion that it would only be fair to reconsider the vote taken at the last Council Meeting on this question, due to his error on the ruling as to the proper applicant. City 81 7:30 P.M. Bids Referred to Committee for study. Public Hearing on Northerly Annexa- tion No. 6. First Reading of Ordinance No. 484 "Northerly Annexa- tion No. 6". Variance for Pet Shop at Azusa Square granted ca '83 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. Attorney also advised that this variance could not be limited to a period of time, but it could be limited to a particular line of business. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the Council reconsider the vote by which the variance for the Pet Shop at..626 E. 8th Street was tabled. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that a variance be granted to San Gabriel Properties, Inc, for the purpose of operating a Pet Shop at 626 E. 8th St. Azusa, and the City Attorney to draw resolution accordingly. The request for variance by Ben F. Irvin for change of zoning from R-1 to C-3 for the purpose of operating an upholstery business at 235 N. San Gabriel Avenue was again brought before Council. This matter had been tabled at the last Council meeting. Mr. Irvin appeared before Council to report that his building was now ready for the color coat, that he had made all necessary repairs, and had -it checked over by the Building Inspector and as far as he knew everything now was in order. City Engineer stated he had re- ceived a report from the Building Inspector and it was the same as Mr. Irvin had reported. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that the matter be raised from the table. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that a variance be granted Ben F. Irvin changing the zoning from R-1 to C-3 of property at 235 N. San Gabriel Avenue for the purpose of maintaining an upholstery business, and City Attorney to draw up resolution accordingly. The Planning Commission recommended the request for variance be granted to Mr. Leo LaPorte for a zone change from R-1 to C-3 for property at 965 W. Fifth Street for the purpose of making drapes and selling drapes and drape material. It was brought out in discussion that adjacent properties are zoned for business. Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that variance be granted to Mr. Leo LaPorte for a zone change from R-1 to C-3 for froperty located at 965 W. Fifth Street, Azusa, for the purpose of making drapes, and selling drapes and drape materials, and City Attorney to draw Resolutions accordingly. Fire Chief Marlowe Madison submitted to Council a re- port regarding the issuing of special use permits to various companies where dangerous chemicals are to be used. He stated that in allowing plants with a high fire hazard rating within the City limits, it was quite possible this might keep plants of a more desir- able nature from coming to our industrial area. He also stated that the Norac Company certainly shows a willingness to co-operate with the Fire Department in every respect, and if it were the desire of the Council to allow this type of :industry within our industrial area he would approve their request for a special use permit subject to all the restrictions of the Fire Department. Mr. McClaskey again appeared before Council stating that they had selected this site for their plant as it was near the same type of business and they have purdhased 1.4 acres so that they would have plenty of room to space their buildings far enough apart for greater safety, and with room for expansion later on. Variance for Upholstery Shop at 235 N. San Gabriel granted Variance for making and selling drapes at 965 w. 5th St. granted. Fire Chief's Report -- Norac Company IT, CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 He admitted that some of their chemicals were a fire hazard, but also stated that their ,crater supply was adequate. Moved by Councilman Ortuno, seconded by Councilman Johnson and unanimously carried that this matter be tabled to the next Council meeting pending further information from Mr. McCloskey and further investi- gation by Fire Chief. Planning Commission submitted to Council their Resolu- tion No. 4 recommending an emergency measure, a temporary Interim Zoning Ordinance prohibiting any use in said zones which may be detrimental to the public safety, health and welfare, and fixing a minimum size of lots in said zones. This Ordinance would be replaced later by a permanent Ordinance fixing the lot size of lots in said zones and setting forth the uses to which property therein may be put. Moved by Councilman Fawcett, seconded by Councilman Romero and unanimously carried that the recommendation of the Planning Commission for an Interim Ordinance be accepted and City Attorney prepare an emergency Ordinance establishing minimum lot sizes for M-1 and M-2 zones. Councilman Ortuno offered the following Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, GRANTING PETITION OF BEN F. IRVIN, OF PROPERTY LOCATED AT 235 NORTH SAN GABRIEL AVENUE FROM ZONE R-1 to C-3 FOR TIT, PURPOSE OF CONDUCTING UPHOLSTERY BUSINESS." Councilman Ortuno moved its adoption, seconded by Councilman Romero. This Resolution passed and adopted by the following vote: AYES: Councilman: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: None ABSENT: None and numbered Resolution No. 3213 Letter was submitted by the Personnel Board reporting that City Engineer Williamson had requested that their Board abandon further consideration of the establish- ment of a City garage until such time as it should be referred to the Board by the City Council. Moved by Councilman Fawcett, seconded by Councilman Johnson and unanimously carried that this letter be filed. Letter was submitted by Personnel Board stating that the term of office being filled by Mr. Hickory S. Jackson on the Personnel Board expired May 15, 1955. Letter was also submitted from City Clerk recommending that the expiration date of the members of the various Boards be as of June 30th of the year in which their appointment e;cpires. Mayor Memmesheimer recommended the reappointment of Hickory S. Jackson to the Personnel Board for a term of three years. Moved by Councilman Fawcett, seconded by Councilman Romero that the recommendation of the Mayor be accepted and Hickory S. Jackson be reappointed to the Personnel Board for a three year period, and the City Attorney to draw Resolution accordingly. 7:30 P.M. Interim Zoning Ordinance to be prepared. Resolution No.3213 Variance for Upholstery Business. Letter regarding establishment of City garage -- filed. Hickory- S. Jackson reappointed to Personnel Board. a CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 Motion passed by the following vote: AYES: Councilmen: Fawcett, Romero, Memmesheimer NOES: Councilmen: Ortuno, Johnson ABSENT: None The Personnel Board submitted a letter to Council containing excerpts from the minutes of their meet- ing of May 9, 1955, regarding the motion.made recom- mending Mr. Perry Scott, Chief Accounting Officer be advanced to second step of his pay schedule. Letter of recommendation on the abilities of Mr. Scott was also submitted to Council from Councilman Johnson. Moved by Councilman Romero and seconded by Council- man Ortuno that the practical job incident involving the Chief Accounting Officer and certain employees from the Engineering and Park and Recreation Depts. be stricken from the records and no further reference to the incident be made. Motion passed by the follow- ing vote: AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson ABSENT: None Moved by Councilman Johnson, seconded by Councilman Fawcett that Perry Scott, Chief Accounting Officer, be placed on permanent status as of June 1, 1955, and City Attorney to draw Resolution accordingly. Motion failed by the following vote: AYES: Councilmen: Fawcett, Johnson NOES: Councilmen: Ortuno, Romero, Memmesheimer ABSENT: None. 67 7:30 P.M. Report from Personnel Board regarding Advance of Chief Account- ing Officer Councilman Romero stated it was his opinion that the position of Chief Accounting Officer should be abolished, and was advised by the City Attorney that this could Proposal to abolish only be done by Ordinance as the position was estab- position of Chief lished by Ordinance. Further discussion disclosed Accounting Officer that considerable agitation had recently been evident in the various departments of the City Hall with re- gard to the procedure for setting up the new account- ing system. Councilman Johnson stated that budget control and inventory control is necessary for conducting the City business. The position of Chief Accounting Officer was established by Ordinance No. 475 and Mr. Scott having passed the examinations with the highest score was offered and accepted this position which necessitated his leaving his position with the City of Napa. Councilman Romero stated he would like to make a motion at this time to abolish the position of Chief Accounting Officer of the City of Azusa. Councilman Romero offered for its first reading the Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REPEALING ORDINANCE NO. 475 OF SAID CITY OF AZUSA". City Attorney then read Ordinance No. 485 in full. The Mayor announced the second reading of this Ordinance will be held in these Council Chambers at the next regular meeting of Council on June 6, 1955. First Reading Ordinance No. Repealing Ordinance No. 475. T CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. Councilman Fawcett stated that when he was elected to Better City the City Council one of the issues was better City Accounting accounting and he intends to continue campaigning for better City accounting until this is accomplished. Councilman Romero offered the following Resolution entitled: °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA RESCINDING AND DECLARING VOID RESOLUTION NO. ;109 OF THE CITY OF AZUSA AND TERMINATING THE EMPLOYMENT OF PERRY W. SCOTT AS CHIEF ACCOUNTING OFFICER, EFFECTIVE AS OF MAY 27, 1955." Councilman Romero moved its adoption, seconded by Mayor Memmesheimer. This Resolution was passed and adopted by the following vote: AYES: Councilmen: Ortuno, Romero, Memmesheimer NOES: Councilmen: Fawcett, Johnson ABSENT: None and numbered Resolution No. 3214. Mayor Memmesheimer made a statement for the records as follows: Resolution ;`3214 Termination of Chief Accounting Officer. °I feel that the decision on this matter is more important than merely the disposition of the employment of any one person. The elements are such it affects the entire set-up of City government. At the time of the establishing of the office of Chief Accountant of the City, I said that while I could see the need of some modernization of our accounting methods, I was doubtful of this particular proposition, I also said I would give it a trial of six months probationary period, and I have done so with an open mind. The comments I have to make are without prejudice against Mr. Scott personally insofar as his professional potentials are concerned. However, I must say, first, that I think we made a mistake by retaining him at a salary in excess of many of the City employees. Department Headsof many years service and of proven value are still working for smaller salaries than that which was awarded to Mr. Scott as a starting remuneration. I am inclined to think this fact alone may have planted in his mind the thought he was in a position of authority over the City personnel. This tendency has. -been evident in the manner in which Mr. Scott has worked on the preparation of this year's departmental budgets. A set of records designed to fit the needs of one depart- ment, might well be impractical for use in other depart- ments. In the preparation of budgets, which are so far the only tangible product of Mr. Scott's half-year in his office, he sets up an elaborate set of budget forms. He worked out these forms himself without ever seeking suggestions from department heads, and without attempt- ing to adopt the forms to the varying needs of the different departments. To my mind this method was both arbitrary and unrealistic. It is an approach which might be logical in a City Manager, but not in an accountant. It should be remembered that an Accountant in any business works as a subordinatt of the executive who is responsible for operations as a whole. Actually it has seemed to me that Mr,.Scott, whether consciously or not, has been acting like a potential City Manager intent on getting into that position by the back door. I am in favor of efficiency, but you cannot develop efficiency by creating discord in the ranks. We instructed Department Heads to give their cooperation, but we also had a right to expect a cooperative rather than a CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 dictatorial spirit. I feel it would be a mistake to continue this unfortunate situation by freezing Mr. Scott in this position under Civil Service. I think the sensible thing to do is to dispense with his services and then proceed to make other arrangements with regard to our accounting problems on a more practical basis." Mr. Scott then stated that the Council itself had approved the budget forms that are currently in use, form by form. Mayor Memmesheimer suggested that, if it meets with Council approval, the Personnel Board be requested to set up a position of Bookkeeper -Auditor with the assistance of the Kroeger firm, and obtain the services of a man to set up a bookkeeping system to change the present form from the cash basis to the accrual basis - a person who has the ability of assisting in preparing budgets, a person who is familiar with the National Cash Register machine, and that the duties of this bookkeeper -auditor, whoever may be appointed, cooperate with the City Clerk in maintaining records as they are required by the laws of the 6th class Cities, and suggested as a starting salary around :435,00 per month with the maximum salary to be not in excess of $540.00. Councilman Johnson then stated she was resigning as Chairman of Rinance. Moved by Councilman Romero, seconded by Mayor Memme- sheimer that the Personnel Board be authorized to set up a position of Bookkeeper -Auditor at a starting salary of $435.00 per month, and not to exceed $540.00 per month. This motion passed by the following vote: AYES: Councilmen: Ortuno, Romero, Memmesheimer NOES: Councilmen: Fawcett, Johnson ABSENT: None Moved by Councilman Johnson that the statement of the Mayor be stricken :from the records, This Motion died for lack of a second. Personnel Board again presented the matter of amend- ments to the Civil Service Rules and Regulations which had been tabled at the last meeting. It was decided by Council that this matter should be left tabled, City Engineer presented a letter in regard to the plans for air conditioning portions of the City Hall. He also presented to Council copies of a letter from Hinkston and Norcross, Consulting Engineers of Los Angeles, who are specialists in the design of air conditioning systems, explaining their proposal for preliminary study of several alternate plans to determine which would be the most economical in the long run for the City, Upon completion of these studies, the results would be referred back to the City. -for decision and then the detailed plans and specifications for the system adopted could be prepared. It was the recommendation of the City Engineer that this proposal be accepted. Moved by Councilman Romero, seconded. by Councilman Fawcett and unanimously carried that the recommenda- tion of the City Engineer be accepted, and the proposal for the engineering study of air conditioning for the City Hall be accepted subject to inspection and O.K. by City Attorney, 91 7:30 P.M. Suggested position of Bookkeeper - Auditor Johnson resigns as Chairman of Finance Position of Book- keeper -Auditor Authorized Amendments to Civil Service - tabled. Air-conditioning of City Hall engineer- ing study authorize 92 a CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 City Engineer announced that the plans and specifica- tions for Sewer Project:7124, were now ready. This was for the construction of sanitary sewers, from Sunset to Louise, and between First and Broadway. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that the City Clerk be authorized to advertise for bids for construction of sanitary sewers, Project #124, Sunset to Louise, First to Broadway, bids to be opened June 3, 1955, at 10:00 A.M. in the office of the City Clerk. City Engineer presented a letter to Council stating that the plans and specifications are now complete for the changes and additions to the Paramount Pump- ing Plant necessary to accommodate the new well. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that the City Clerk be authorized to advertise for bids for changes and additions to the Paramount Pumping Plant, bids to be opened on June 3, 1955, in the office of the City Clerk at 10:00 A.M. City Engineer submitted letter recommending that the Stanfield Company of Pomona, the low bidder, be awarded the contract for the construction of sanitary sewers in the Cerritos Park area., west of Pasadena Avenue, Project #122. This letter was signed by the members of the Committee appointed by Council to study the bids received at the last Council meeting. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that the recommendation of the Committee be accepted and the bid for construc- tion of sewers be awarded to the lowest bidder, Stanfield Company of Pomona, bid in the amount of $39,576.14, and the Mayor be authorized to return bid bonds or checks to the unsuccessful bidder. 7:30 P.M. Project #124 Sanitary Sewer Sunset to Louise between First & Broadway. Paramount Pumping Plant - Changes and additions Stanfield Co. - awarded Bid - Sanitary Sewers Project ,-;`122 It was announced that the item of approval of Map for Tract Map ;721404 Tract x}21404 and the request that the City purchase Deleted from house in order to extend 12th Street had been deleted Agenda from the agenda because of the fact there was some question as to the ownership of some of that property. City Engineer submitted letter requesting authorization to hire two men for a period of approximately two weeks in order to handle Clean-up !week more efficiently. It was stated the rate of parr would probably be $1.50 per hour. Moved by Councilman Romero, seconded by Councilman Fawcett and unanimously carried that City Engineer be authorized to hire two additional men for two weeks at $1.50 per hour and City Attorney to draw Resolution accordingly. Letter was submitted by City Engineer advising of the resignation of Harry Bond, who had been working in the Engineering Office as a temporary Civil Engineering Aide. Mr. Bond's resignation_ is to be effective as of May 16, 1955. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that the resignation of Harry Bond be accepted as of May 16, 1955 and City Attorney to draw Resolution accordingly. City Engineer announced that he had been invited by the Southern California Edison Company to attend an inspection of the power plant in the High Sierras on May 25, 26 and 27th. This would be at no cost to the 93 Additional help for Clean-up Week. Resignation of Harry Bond, Civil Engineering Aide. M, / CITY HALL AZUSA, CALIFORNIA 11ONDAY, MAY 16, 1955 City except for his time, and he would like approval to attend this affair. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that City Engineer be granted permission to attend the inspection of the Southern California Edison Company pourer plant in the High Sierras. City Attorney submitted -reply to letter from Councilman Johnson regarding his possible interest in or stock in some local companies. His reply was as follows: "may 16, 1955 Hon. City Council City of Azusa City Hall Azusa, California Gentlemen: Under date of May 12, 1955, 1 received a letter from Councilwoman Martha M. Johnson, which reads as follows: "Mr. P. J. Tscharner City Attorney Azusa, Calif. Dear Sir: 7:30 P.M. City Engr, to attend inspection o So. Calif. Edison Co. Power Plant in High Sierras. City Attorney's reply to Council- man Johnson's letter of May 2, 1955. So that the City Council and the people of Azusa may be fully informed with respect to any private interests which may appear to be in conflict with your official capacity as City Attorney of Azusa, I demand, in my official capacit% as an elected member of the City Council of the City of Azusa, that you immediately submit your sworn statement in answer to the following questions: 1. Do you own, or possess any shares of stock in the tions?: a beneficial interest in following list of corpora - a Azusa Foothill Citrus Company b Azusa Agricultural Water Company c Azusa Irrigating Company d Azusa Valley Water Company e San Gabriel River Spreading Corporation 2. Are you now, or have you been, the attorney of record, or counsel,fbr any or all of the corporations named in question 1, above? In the event that you fail or refuse to answer these questions under oath, I will take such further steps as may be required to compel your answer. Respectfully, MARTHA M. JOHNSON Martha M. Johnson, Member Azusa City Council." I was rather pleased to receive that request and am .lad to be able to advise you and the I)eople of Azusa my position in connection with the above request. In answer to questionl which reads: 97 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. "Do you now own, or possess a beneficial interest in any -shares of stock in the folloi,ring list of Corporations? a Azusa Foothill Citrus Company b Azusa Agricultural dater Company c Azusa. Irrigating Company d Azusa Valley Water Company e San Gabriel River Spreading Corporation." In reply to that question, you are advised that I do not now or have I ever in the past owned or -possessed any beneficial interest in any shares of stock in either or any of the above mentioned organizations. I can go farther and say that no member of my family now owns or ever has owned or possessed any beneficial interests in any shares of stock in any of the above organizations. The next question is: "Are you now, or have you been, the attorney of record, or counsel, for any or all of the corporations named in question 1, above?" I question seriously whether it is necessary to answer this second question, however, I have no objection whatsoever to doing it. If Mrs. Johnson had requested replies rather than make the demands in the way that she does, I would feel more inclined to submit my answers. My best recollection is that in 1950, and prior thereto, I was on a small retainer from the Azusa Foot -Hill Citrus Company and the retainer so far as I recall, paid for any work that I did for that company. It is my recollection also that if I did any work for the Azusa Agricultural Water Company it was included in the retainer that I received from the Azusa Foot -Hill Citrus Company. However, I have not been on retainer from either of said companies since 1950. There have been questions asked me by that company at different times and I have been paid for that work. I can say to you that in 1951 I received the big sum of $51.00 from those two companies. In 1952 and 1953 1 did no business or work with or for either of said companies. In 1954 I examined some papers for the Azusa Foot -Hill Citrus 'Company in connection with amendments to their Articles of Incorporation for which I was paid a reasonable sum. I am ,not and have not been under retainer with those companies 'since the end of 1950 to my best recollection. I am and for about 20 years last past have been Attorney for the Azusa Irrigating Company. I am the Attorney for the Azusa Valley Water Company and I am the Attorney for the San Gabriel River Spreading Corporation. I am rather pleased that Mrs. Johnson has asked me the question and in particular with reference to the San Gabriel River Spreading Corporation because it is frankly my opinion that organizing that company, I brought to the City of Azusa and its people, possibly the greatest benefit that anyone individual has brought to the City. I organized that company, I believe, in 1937. At that time the San Gabriel River Spreading Corporation purchased about 500 acres of land along the San Gabriel River bottoms and ever since that time have been spreading waters to feed the underground supply and to keep that supply as near the surface so as to avoid the necessity of pumping waters from great depths. The City of Azusa, by reasonlof the fact that the City pumps much of its water, has been annually saved thousands of dollars as can be well proven by the Superintendent of Light and Water of the City. These savings have been without expense to the T CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. City for quite a number of years. It unquestionably will in the future for many years, save the City thousands of dollars annually. I consider the San Gabriel River Spreading Corporation the best, generous friend that the City has ever had, and as a citizen, I appreciate the work that they have been doing. I can say further, so far as I know, there is not now and there never has been any conflict of authority or legal responsibility between the City and that corpora- tion. I amy evern go farther and say that it is my candid judgment for the years 1953 and 1954 the citizens of the City of Azusa would for a time have been deprived of water for their irrigating purposes if it had not been for the work of the San Gabriel River Spreading Corporation. I shall even go father than that and say to you frankly that in the past the irrigators of citrus groves surrounding this city and others have been paying the expense of that water spreading annually and the City of Azusa has received its share of the benefits without expense. I know of no conflict of interest between the Azusa Irrigating Company and the City of Azusa either at this time or in the past. The fact is that that Company and the City have been interchangeably helpful one to the other. The same is true of the Azusa Agricultural Water Company. For instance, as late as last week when one of the City's new pumps was out of order, the Azusa Agricultural Water Company pumped the necessary amount of water for the City at a cost less than the City could pump it from its lower basin. The same is true of the Azusa Irrigating Company. During the war we had an inter- change water agreement with that company which certainly worked to the advantage of our people as well as it did to the company. Might I say that at the present time the City of Azusa is pumping out of the upper basin about 3800 gallons per minute with a 200 horsepower and if it were not for the Spreading operation, it would be necessary to pump out of the lower basin about 4000 gallons per minute at a cost of 700 horsepower, so that it can be readily understood that the saving daily to the City is quite considerable. Referring now to the Azusa Valley Water Company. I organized that company and have been its attorney since organization several years ago. So far as I know, the Azusa Valley Water Company has never had any dealings with the City of Azusa. I am not the attorney for the Hadley -Cherry Company and have never met any of that company until the City became interested in annexing the same to the City. Any agreement that was made between the Azusa Valley Water Company and the Hadley -Cherry Company, I am advised was prior to our negotiations with Hadley -Cherry. That agreement was not a legal matter, I was never consulted by either party with reference to it and knew nothing about any agreement of any kind between the parties until, as I repeat, it came to light to all of us in connection with the proposed annexation. I notice the last statement in the request of Mrs. Johnson the following: "In the event that you fail or refuse to answer these auestions under oath, I will take such further steps as may be required to compel your answer." 100 101 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. I know of no law that compels me to make any state- ment under oath. Had the request been made ;n a civil manner, and without such threat, I shall have been glad to answer under oath. I say further at this time to the City Council, if the City Council requests me to take oath to what is herein contained, I shall be glad to do so. Respectfully submitted, (sgd.) P. J. TSCHARNER P. J. Tscharner City Attorney of the C'ty Pjt/dh of Azusa" Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that report of P. J. Tscharner be deliverd to City Clerk and filed. City Attorney presented to Council another reply to City Atty. answer the reauest of Councilwoman Johnson for his written to Councilwoman opinion on certain points listed in her request of Johnson's letter April 24, 1955. His report was as follows: of 4/28/55. "Honorable City Council of the May 11, 1955 City of Azusa Council Chambers Azusa, California Gentlemen: At your P•Iay 2, 1955 meeting, I filed with you an opinion which had been requested by Councilwoman Johnson under date of April 24, 1955. In that request, she asked that I also express opinion on the following situations, to -wit: Her question is as follows: "Another matter of great importance now before the Council is that of amending and liberalizing the Civil Service rules and regulations regarding sick leave and the accumulation thereof. In my opinion, no governmental unit, using taxpayers' funds, may be more liberal than to adopt the average prevailing' sick benefits of comparable private or municipal employment. Since this matter falls within the scope of the Initiative Civil Service Ordinance, I request that you rule upon the responsibility of the Personnel Board to investigate, take evidence, hold hearings and make q)propriate findings based thereon, before recommending to the Council any revision, extension, or liberalization of sick leave regulations, since the effect thereof is to increase the compensation of all employees." In reply to said question, you are advised that it is my opinion that it is the responsibility of the Personnel Board to investigate thoroughly any recommendation that it may make to the City Council. As to the forms of the investigation, that, is largely in the discretion of the Board. Whatever investigation is made by the Board should be sufficiently broad and thorough to give to the individual members of the Board a reasonably full situation of the facts involved so that they can express an honest and unbiased opinion on the matter before them. 102 103 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 In this respect, the duty of the Personnel Board is no different from the duty of any public official or body to acquaint itself with the circumstances surround- ing any situation so as to enable the individual members thereof to reach a conclusion based upon sufficient facts to satisfy it or them that their conclusion is correct. The next inquiry from Mrs. Johnson reads as follows: "A fourth matter which gives me concern is the question of private use of City property." In answer to this inquiry, you are advised that no one, officer or employee, are authorized to use city owned property for private use. However, if City owned property is with a City employee or a City official to be used in connection with his duty as said City employee or official then it would be legitimate for such employee or official to have the City owned property in -his charge during the period of time which it is being used in City matters. You specifically ask this question: "Can a member of the City Council have a City -owned 2 -way, Azusa Police radio installed in his private automobile; and, further, can the City Council even authorize such an expenditure of tax payers, money?" 7:30 P.M. The answer again is as stated above, that if the member of the City Council has a city owned two-way Azusa Police radio in his private automobile because his connection with the City Police Department is such that his advice or service is sometimes necessary by the Police Department, then under such circumstances, it is my opinion that such installation is legal. The next request of Councilwoman Johnson reads as follows: "A fifth matter of importance is the continued action of the Planning Commission to hold meetings on nights not fixed by Resolution as regular meetings of that Commission." In reply, you are advised that the Planning Commission has by proper Resolution fixed the dates for its meetings and so far as I know there have been no meetings other than those fixed by Resolution. It appears that some years ago, the Planning Commission in some manner desired to hold its meetings on Wednesday evenings. How ,that decision came about, I do not know, for I was at that time in no manner connected with the Planning Commission. At this time they were meeting in conformity with legal requirements. The next request of Councilwoman Johnson is as follows: "I request that you rule whether the City Hall exists for the public service, or for the comfort and con- venience of certain city employees." I anticipate, Mrs. Johnson, that you are well aware of .the fact that the City Hall exists for the public service, subject, however, to such laws as regulate the use of City Hall by City employees. In your request you state as follows: "State law provides two 15 minute rest periods for women employees." That legal requirement by State Law should be followed and it is, therefore, the duty of the City Council to establish the necessary space for such a period by woman employees. Whether or not the City Council, because of overcrowded office space in the City Hall, desire temperily 104 105 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. to ignore that legal requirement, is a matter that is entirely up to the City Council and not for me to determine. However, I understand space has been provided for that purpose. Respectfulli? submitted, (sgd.) P. J. Tscharner P. J. Tscharner, City Attorney" Moved by Councilman Johnson, seconded .by Councilman Romero and unanimously carried that this letter be filed with the City Clerk. Councilman Ortuno stated he was aware of the fact that the State provides 15 minute breaks for the employees, but it is his understanding that some employees are Abuse of 15 minute taking more than the 15 minutes, sometimes as long as a break periods. half hour. City Attorney replied that this was in violation of the lava, and that the procedure Would be to have the Department Head take up the matter, and if this did not remedy the situation, the individuals would be subject to dismissal after hearing. City Attorney presented to Council an answer in reply City Attorney's to the letter from Councilman Johnson requesting a answer to letter written opinion with regard to the transfer of the from Councilman accounting system of the Light and Water Department Johnson of 5i8/55 to the Chief Accounting Officer. His reply* was as follows: "Honorable City Council of the May 11, 1955 City of Azusa Council Chambers Azusa, California On May 8, 1955, City Councilwoman Johnson wrote to me and sent copies thereof to the Council members and Superintendent of the Light and Water Department and the Chief Accounting Officer in which letter she speaks of Ordinance No. 475, which Ordinance establishes the office of the Chief Accounting Officer. Therein she states that it is her opinion that the City Council should direct that the Chief Accounting Officer forth- with take over and operate the accounting system of the Light and Water Department and that the City Attorney should be instructed to draw a Resolution transferring the employees concerned from the Light and Water Dept. to the Accounting Department. Section 3 of said Ordinance #475, as stated in Mrs. Johnson's letter, provides that the Chief Account- ing Officer shall install and operate a complete fnunici- pal accounting system for all offices and departments of the City of Azusa. That it is the duty of the Accounting Officer to install and operate a complete municipal accounting system for all offices and depart- ments of the City, there can be no doubt. Section 4 of said Ordinance reads, as stated in Mrs. Johnson's letter, that "All other Ordinances or Resolutions or parts thereof, inconsistent with, or in conflict with, the provisions, of this Ordinance are hereby repealed." Based on those provisions, she states that the Council should instruct the City Attorney to draw a resolution transferring the employees concerned from the Light and Water Department to the Accounting Department. los CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 If it is the desire of the City Council that I prepare such a resolution, I shall certainly conform to that request. However, I find no provision in Ordinance 475 authorizing the transfer of employees of any department into the office of the Chief Account- ing Officer. The only: provision is that he shall install and operate the system. That does not mean to me, nor do I believe it was the intention of the Council at:the time said Ordinance was passed, that any employee should be transferred out of the departments in which they were at that time working. I make that statement because of the fact that Mrs. Johnson, at a meeting of the City Council in November of last year, offered a resolution transferring nine (9) employees from the Light and Water Department to the office of the Chief Accountant. That resolution failed to carry. This indicates to me that it was not the intention of the Council at the time of the passage of Ordinance #475 to transfer to the office of the Chief Accounting Officer the employees of an,,, department. Whether a transfer of the employees is to be made from the Light and Water Department to the Accounting Department is entirely_up to the City Council. I might add that if, under the reading of Ordinance #475 the employees of said department are to be transferred, then it would be equally logical to assume that the employees of all other departments are to be transferred to the Accounting Department. Respectfully submitted, (sgd.) P. J. TSCHARNER P. J. Tscharner, City Attorney." Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that this letter be filed. 7:30 P.M. 207 City Attorney submitted letter in reply to letter re- City Atty's, answer ceived from Councilman Johnson with regard to the to letter from present method of operating the various departments Councilman Johnson of the City of Azusa. His letter was as follows: of 5/8/55 "Honorable City Council City of Azusa Council Chambers Azusa, California Gentlemen: Ma;; 16, 1955 Under date of May 8, 1955, I received a request, in writing, from Councilwoman Martha M. Johnson, which re- quest reads as follows: "Mr. P. J. Tscharner City Attorney Azusa, California Dear Sir: -For some time I have been considering the present method of operating the various departments of the City of Azusa, and I have concluded that now is the time to request your advice in this matter. Specifically, I know of no authority in general law which permits a 6th class city to function under what amounts to a "Commissioner" form of government. T. E CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 We now have in Azusa: Fawcett A Commissioner of Police Mr. Memmesheimer A Chairman of Public Works Mr. Fawcett A Chairman of Finance Mrs. Johnson A Chairman of Public Utiltities Mr. Ortuno- This arrangement results in each "Chairman" or "Commissioner" assuming full responsibility for the operationof 4his" department. Any inquiry from any other member of the City Council is resented as inter- ference with the rights and perogatives of the so-called "Chairman" concerned. This is not a healthy situation. It breeds suspicion, resentment, and controversy within the City administration, and is divisive of the general powers of the entire City Council of a city of the 6th class. It is my opinion that each elected member of this City Council has co -equal statutory rights and powers with every other member and that the Council cannot, by resolution, divide these rights and powers, some to one member, some to another, and some to a third. It is my further opinion that each department head should deal publicly with the Council as a whole. I also believe that each Council member has the individual right to inquire into the day to day operations of every department, but without individually interfering there- with. Any matters requiring correction should be re- ferred to the Council for decision. I therefore reauest that you advise the City Council in these matters. In the event you conclude that the present system of "Commissioner and Chairmen of Depart- mentO is legal and proper I request that you render such an opinion in writing, citing authorities. Respectfully, 7:30 P.M. /s/ MARTHA M. JOHNSON Martha M. Johnson, Member Azusa City Council cc Councilmen: Memmesheimer, Fawcett, Ortuno, Romero City Clerk" You will observe that the first specific statement in her communication reads: "Specifically, I know of law which permits a 6th under what amounts to a government. no authority in general class city to function "Commissioner" form of A Commissioner of Police Mr. Memmesheimer A Chairman of Public Works Mr. Fawcett A Chairman of Public Utilities Mr. Ortuno A Chairman of Finance Mrs. Johnson." In answer to that specific statement, I desire to say that the City of Azusa is organized under the General Municipal Act as a City of the Sixth Class and is operating as a City of the Siy_th Class and under no other form of government and never had been such. Neither has it operated as a commissioned governed city. It is true that for a great many years last past it has been the custom with the Citi* Council to designate Chairmans. 110 III CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. for :different departments of the City government, namely Pdlice, Public Works, Public Utilities and Finance. However, those Chairmans, or if you care to call them "Commissioners", have no power as a matter of law to direct or control any of the City Departments. That power is vested strictly in the City Council and it has operated in that way ever since I have had any contact with the City, being a period of more than twenty-five years. All Councilmen undoubtedly are aware of the fact that at each meeting of the City Council when any department is under dis- cussion, the head of that department is present in the City Council and is called upon to state his version or reasons for any requests made. The Chief of Police as head of the Police Department, the Fire Chief as head of the Fire Department, the Superintendent of the Light and Water Department are invariably present at every Council meeting to present their matters to the Council. It is true that they may have discussed such matter, and rightly so, with the Councilman who has by the Council been appointed as "Chairman" of that particular department. In my opinion that is a good arrangement, for in that way, both the head of the department and the "Chairman" can convey to the whole Council their understanding of the situation so that the Council can be better informed when it takes its action. The ultimate action is always and as a matter of law must be left to the City Council. It has always been so in this City. In the book entitled "Local Government in California" by John C. Ballens and Stanley Scott, we find the following with -reference to Sixth Calss Cities, to -wit: "Although their maior officers are mayors and Councilmen, many less populous general law cities in California are functioning under a modified commission plan. In such instances, the five Councilmen, generally at their initial meeting after the local election, decided which of them shall be mayor and specify what city functions, usually public works, finance, and police and fire, shall become the special interest of individual council members. Councilmen in sixth -class cities have absolutely no power except when acting at a meeting of the city council." I repeat, that in my opinion, this method of procedure in Sixth Class Cities, not under the managerial form, is wise and in my opinion works out for the good of the City. I assume that the request was made because one of the City Councilmen, namely Mayor Memmesheimer, is some- times referred to as "Commissioner of Police." I have asked the City Clerk for a record relative to that designation, and I find the following in connection therewith, to -crit: "At the meeting of�April 20, 1954, Memmesheimer stated that he would accept the nomination of Mayor on condition that he would continue as "Chairman of Police and Fire Departments." There were no ob:iections. This is at the time when he was nominated for Mayor after the April 1954 election. Somehow, inadvertantly, on May 3, when they appointed chairmen of the various departments, Chairman of Public Works, Public Utilities, Finance and Purchasing were called 'Chairmen' and somehow the7Police and Fire was called 'Commissioner.' However, since that time it has been referred to as 'Chairman.' On January :3`„ 1955 in regard to bids on automobiles for the Police Department a motion was made and carried 112 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. that these bids be referred to the Chairman of Finance, Chairman of Police and Chairman of Fire and Police Departments." I do not agree with Councilwoman Johnson that the above setup is not a health;] condition. The Statement in the written request of Councilwoman Johnson to the effect that "each elected member of this City Council has co -equal statutory rights and powers "lith every other member and that the Council cannot, by resolution, divide these rights and powers, some to one member, and some to another, and some to a third." I agree with that statement. No member of the Council can be deprived of any rights accorded to him or her under the law, and in view of the fact that the whole Council acts upon requests of the different departments, does not depr9_ve any Councilman from individual action. In other words, it helps them more logically to determine what their action should be. The name "Conunissioner" has no different meaning than the name "Chairman" in Sixth Class Cities. Further quoting from "Local Government in California" I find this statement relative to Councilmen: "As legislative body, they have powers conferred upon them by law. As individual councilmen, they have no authority. They are not department heads and any purported exercise of administrative authority is illegally assumed and is wholly with- out a statutory basis. Since 1947, sixth -class cities (which include all general law cities with only two exceptions) can use either the mayor -council or council-manager form of government, but are unable to adopt the commission system." PJT/dh" Respectfully submitted, (sgd.) P. J. TSCHARNER P. J. Tscharner City Attorney of the City of Azusa. Moved by Councilman Johnson, seconded by Councilman Romero 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, EMPLOYING GILBERT BOSCOE, WILLIAM 0. TANNEHiLL, OLLIE WALDEN, MRS. JACKIE GATES, MRS. LOUISE BASHORE, ALBERT EATON, WRAY CALAHAN, NANCY LANG, NANCY COLE, JUDITH DOWNING, JERRY SITTON, RONALD LANDER, AND RICHARD PADILLA IN CONNECTION WITH THE SWIMMING POOL IN THE CITY PARK OF THE CITY OF AZUSA DURING THE SUIrE.IER 1955 PERIOD AND FIXING THEIR SALARIES. Councilman Johnson_ moved its adoption, seconded by Councilman Fawcett. This Resolution passed and adopted by the following vote: AYES: Councilmen: Fawcett, Ortuno, Johnson, Romero, I%jemmesheimer NOES: None ABSENT: None and numbered Resolution No. 3215. iia Resolution No.321 Swimming Pool Personnel for 1955 Period. .114 115 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. City Attorney asked Mr. Smith, Supt. of Light & Water to report to Council in connection with their meeting Enlarging of with representatives of Southern California Edison Azusa Substation. Company. Mr. Smith appeared. before Council and report- ed that he and the City Attorney had met with Southern California -Edison Company with regard to their enlarg- ing the Azusa substation. At that time the Edison Company offered to enlarge the main substation trans- former bank and necessary switches and current trans- formers, etc., *which would increase the monthly rental by $188 per month, with the extra protection of additional 3,000 hvJ transformer capacity and consider- ing the future growth of the City, it was Mr. Smith's opinion it would be well worth the ex' money. In case the City does build another substation at the other end of town then there would always be two banks of transformers working in case it would be necessary to shut one down for repair, and there would be no interruption in service. City Attorney stated it was his understanding that even if the City increased its facilities in the east end of town, the increase, by virtue of the growth of the City, would be consumed. He also stated that the records should show the state- ment of the Edison Company that they would enlarge the main-.substationm etc, for an additional $188 per month rental. Supt. Smith stated that at the present time our transformers are overloaded and this addition would be beneficial to the City. A letter was to have been ?.written Edison Company but so far it hasn't been done as the City was waiting for a reply from Edison Company as to the possibility of the City buying the utility facilities in Tract 8507 lying outside the City limits. City Attorney reported that Mr. Palo was going to bring action against the City at once for the removal of the transformer bank now located on his property. He expects to expand his business and demands that this be taken off his property. This matter has been under consideration and discussion for a number of years and the time has come now when something will have to be done about that situation. If this transformer is moved there will be a problem of furnishing power to that vicinity - this is an engineering problem stated M:f,. Tscharner. It was brought out in discussion that Palo offered space in the front of their lot for this transformer, but M:. Smith would rather have it located in the rear because it would entail less expense. Palo refused to pay any part of the expense of moving this, but they would give the City the space in the front of their property. A?ayor Memmesheimer suggested that Councilmen Ortuno and Fawcett, Supt. of Power and Water, and City Engineer go out to Palo and discuss the matter with them and report back to Council on June 6th. Councilman Johnson offered the following Resolution Resolution No. entitled: 3216 - Salary of City Attorney "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, FIXING THE SALARY OF THE CITY ATTORNEY" Councilman Johnson 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 #3216. 116 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 City Attorney stated he was not at this time prepared to answer Councilman Johnson's letter of May 13th, but he would have this ready for the next Council meeting. Councilman Romero again brought up the subject of County residents being permitted to use Azusa's recreational facilities. A motion was passed at the last Council meeting that the City not encourage people outside the City limits to use the recreation program of the City. Moved by Councilman Romero, seconded by Councilman Ortuno that the Council reconsider the motion of May 2nd regarding County's participation in recreational facilities of City of Azusa. Motion passed by the following vote: AYES: Councilmen: Ortuno, Romero, Memmesheimer NOES: Councilmen: Fawcett, Johnson ABSENT: None Moved by Councilman Romero, seconded by Councilman Ortuno that the :privileges of the City Recreational Program include the youth of the immediate surrounding territory. Motion passed by the following vote: AYES: Councilmen: Ortuno, Romero, Memmesheimer NOES: Councilmen: Fawcett, Johnson ABSENT: None The Supt, of Light and !:rater Department submitted the recommendation of the Committee appointed at the last Council meeting to study the bids received on the three induction motor starters. It was their recommendation that the low bid of Allis-Chalmers in the amount of $9,145.50 be accepted. Moved by Councilman Romero, seconded by Councilman Ortuno, and unanimously carried, that the low bid of $9,145.50 of Allis-Chalmers on three induction motor starters be accepted and the Supt, of Light and Water authorized to purchase same, and the City Clerk authorized to return the bid bonds or check to the unsuccessful bidders. iii 7:30 P.M. Previous motion reconsidered. Recreation Privi- leges for children of surrounding areas. Allis-Chalmers awarded induction starter bid. Supt, of Light and ;later Department submitted the recom- Southern Pipe & mendation of the Committee for the purchase of 700 ft, of Casing awarded 18" pipe. The low bid was received from the Southern Pipe bid. and Casing Company in the amount of $2,624.44 including tax. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that recommendation of the Com- mittee be accepted and bid be awarded to the Southern Pipe & Casing Company for 700 ft, of 18" pipe for total price of $2, 24.1 including tax, and that the Supt. of Light and Water be authorized to purchase same, and City Clerk authorized to return bid bonds or checks to unsuccessful bidders. Supt, of Light and Water submitted the recommendation of the Committee for the purchase of one 18" Check Valve. Check Valve Bid The low bid was received from the Rennsselaer Valve Co. awarded to at a total price of $1,09,:).38. Rennsselaer Co. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that the recommendation of the Committee be accepted and the bid be awarded to the Rennsselaer Valve Company for a total price of $1,096.38 that and the Supt of Light and Water be authorized to purchase same, and City Clerk authorized to return bid bonds or checks to the unsuccessful bidders. lie CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 Supt. of Light and Water submitted a letter of resigna- tion from Mrs. Zelda Maxine King, Account Clerk in the Light and Water Department, and also his recommendation that Mrs. King's name be placed on the Reinstatement List. Mrs. King was resigning due to ill health, and had been employed by the City for less than six months. Moved by Councilman Fawcett, seconded by Councilman Johnson that the resignation of Mrs. Zelda Maxine King be accepted and City Attorney to draw Resolution accord- ingly. Councilman Ortuno stated that it takes a certain amount of money to train an employee, and as Mrs. King has gone through this training period for six months, and he didn't feel justified in accepting her resignation and not putting her on the reinstatement list. Motion passed by the following vote: AYES: Councilmen: Fawcett, Johnson, Romero, NOES: Councilmen: Ortuno, Memmesheimer ABSENT: None A letter to the Southern California Edison Company granting them permission to serve electrical energy to property located approximately 200 feet west of Motor Avenue, Azusa, was presented to Council with the request that the Mayor be authorized to sign this. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that Mayor Memmesheimer be.authorized to sign the letter to the Southern Calif. Edison Company granting them permission to serve electrical energy to property approximately 200 feet west of Motor Avenue, Azusa. Letter was submitted from E. C. Snyder, President of the Board of Trustees, of the Azusa Public Library, advising that the Board of Trustees have examined the plans pre- pared by the City Engineer for the provision of a separate entrance for the Children's Department and has approved them. Moved by Councilman Fawcett, seconded by Councilman Romero and unanimously carried that this matter be tabled until next Council meeting. Letter of resignation was submitted from Hollis D. Critch- low, member of the Community Redevelopment Program. Moved by Councilman Fawcett, seconded by Councilman Johnson and unanimously carried that the resignation of Hollis D. Critchlow from the Community Redevelop- ment Program be accepted. Mayor Memmesheimer recom- mended that Arthur Cornwell be appointed to fill the vacancy on the Community Redevelopment Program. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that Arthur Cornwell be appointed as member of the Community Redevelopment Program and the City Clerk to advise accordingly. Letter was submitted from United Cerebral Palsy of Los Angeles, Inc, requesting permission to conduct a fund raising drive in Azusa during the month of May. Moved by Councilman Johnson, seconded by Councilman Ortuno and unanimously carried that United Cerebral Palsy, Inc. be granted permission to conduct a fund raising drive in Azusa in the month of May with the provision that they supply a list of the names of their workers to be cleared through the Police Department. Letter was presented from the Southern California Edison Company to which was attached a copy of tine Public Utilities Commission Opinion and Order on Third Supple- mental Application, Decision No. 51453, covering Applica- tion No. 29011 in connection with the Southern California Edison Co., and City of Azusa Service Agreement. 119 7:30 P.M. Resignation of Mrs. King - Light & Water Dept. So. Calif. Edison Co. to furnish power - Motor Ave. Library Board approve plan for Children's entrance --- tabled. Resignation of H. D. Critchlow from Committee A. Cornwell appointed to Comm. Redevelop. Committee Cerebral Palsy Drive P.U.C. approval of Supplemental Agreement with So. Calif. Edison 120 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that these papers be filed. Resolution was presented to Council from E1 Monte, endorsing a proposed new highway route into Los Angeles designated as Mill Valley Highway. Moved by Councilman Johnson, seconded. by Councilman Romero and unanimously carried that this Resolution be filed. Report of Interim Committee on a State Office of Planning for California was submitted to Council. AB58 creates such office to assist Cities in their planning activities Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that the Report of Interim Committee on a State Office of Planning for California be referred to the Planning Commission for study and recommendation. Letter was submitted to Council from Nathan S. Krems commending the Chief of Police and. the Police Department on their outstanding work in connection with the appre- hension of the bandits who held up the Waggoner's Gas Station at Azusa Square. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that this letter of commendation be filed. Letter was submitted from the Air Pollution Control District regarding certain recommendations approved by the Los Angeles County Board of Supervisors, acting as the Air Pollution Control Board, regarding the control of rubbish burning. Moved by Councilman Fawcett, seconded by Councilman Johnson and unanimously carried that this letter be filed. 121 7:30 P.M. PI 11 Valley High- way -- filed. State Office of Planning referrec to Planning Commission. Commendation for Police Department. Air Pollution letter --- filed. Letter was submitted from the San Diego Harbor Legislative Committee requesting opposition to the Allen Bill. Letter re: Allen ➢Moved by Councilman Fawcett, seconded by Councilman Bill -- filed. Romero and unanimously carried that this letter be filed. Letter was submitted from County of Los Angeles, Federa- tion of Community Coordinating Councils, commending Azusa for operating "town meeting" process in the local Community Coordinating Council. Moved by Councilman Johnson, seconded by Councilman Romero and unanimously carried that this letter be filed. Letter was submitted from County Sanitation Districts of Los Angeles County together with copy of a proposed resolution regarding rubbish transfer and disposal, and request for support of Assembly Bill No. AB1459. Moved by Councilman Ortuno, seconded by Councilman Fawcett and unanimously carried that this matter be referred to the City Attorney for study and report to Council at nest meeting. Letter was submitted from the Guadalupe Society- request- ing permission to hold a dance on June 13, 1955. Moved by Councilman Romero, seconded by Councilman Ortuno and unanimously carried that the request of the Guadalupe Society to hold a dance on June 18th be referred to the Chief of Police for whatever restrictions he deems necessary. City Clerk announced League of California Cities dinner at Culver City to be held Thursday, May 19th. Coordinating Council letter -- filed. Study of AB14 re: rubbish disposal referred to Attorney Guadalupe Society granted dance permit. 122 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 Letter was submitted from the Office of Civil Defense expressing their appreciation to Chief of Police Kendrick for excellent convoy service provided on April 19th for their°sixteen-vehicle Civil Defense caravan proceeding to the Atomic Energy Commission Nevada test site. Moved by Councilman Fawcett, seconded by Councilman Ortuno and unanimously carried that this letter be filed. Mayor Memmesheimer read Petition for Annexation submitted by Valley Sales Company of 9054 E. Garvey Avenue. City Engineer stated that this land is located at the inter- section of Arrow and Cerritos, adjacent on the South to the City of Covina, and that it would have to be a strip annexation. It would be about 10 acres of land, and commercial property. Moved by Councilman Ortuno, seconded by Councilman Romero and unanimously carried that this be referred to the City Attorney and Citi- Engineer to take the necessary steps of preparation for annexation. 123 7:30 P.M. A letter of appreciation to Police Dept. Engineer and Attorney to prepare for strip annexation. City Clerk submitted a letter from F. Nelson Baker of 5278 Clydebank commenting upon present conditions in Azusa government. F. Nelson Baker Moved by Councilman Fawcett, seconded by Councilman letter - filed. Johnson and unanimously carried that this letter be filed. Letter from the Azusa Woman's Club was presented to Coun- cil protesting the removal of the palm trees on North Azusa Avenue between 8th and 9th Streets. Moved by Councilman Ortuno, seconded by Councilman Romero that this letter be filed. Motion passed by the following vote: AYES: Councilmen::Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilmen: Johnson ABSENT: None Demand was presented from Mr. Arthur W. Cornwell for mileage expense for attendance at the Community Redevelop- ment Course given by U.C.L.A. Extension in Los Angeles. It was brought out in discussion that at the time he attended these classes he was not a recognized member of the Community Redevelopment Committee and therefore this expense could not, be paid. Mr. McCloskey of the Norac Company again appeared before Council to inauire if, in the event that some agreement with the Fire Chief could be arrived at, pertaining to the propriety of their business, the action taken at the last Council meeting would still hold, that is, would the permit be granted then? It was the opinion of the Council that action should be held up until the re- port of the Committee is submitted. Councilman Romero offered the following Resolution entitled: Woman's Club lett( filed. Mileage expense denied. Norac Company "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Variance Pet Shop LOS ANGELES COUNTY, CALIFORNIA, GRANTING A VARIANCE Resolution FROM C-1 to C-3 OF THE PROPERTY OF AZUSA PROPERTIES, No. 3217 INC., LOCATED AT 626 EAST STH STREET, AZUSA, CALIFORNIA FOR THE PURPOSE OF CONDUCTING A PET SHOP" Councilman Johnson moved its adoption, seconced 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. 3217. 124 125 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. Councilman Johnson announced that a Mrs. Marshall had 5670 telephoned her to inquire if she could sell hot dogs 684.84 and hamburgers in their living quarters in the rear Request for per - of billiard parlor they operate. Councilman Ortuno mission to sell stated that the Health Department would not allow a food from living kitchen to be used for both domestic and commercial quarters - Mrs. purposes, and that she should be advised to contact Marshall the Health Department authorities. 37,50 Moved by Councilman Johnson, seconded by Councilman City Employees' Payroll Account Romero and unanimously carried that City Clerk be 5676 instructed to contact. Mrs. Marshall and advise her 1.61 that she will need the approval of the Health Department Grimes-Stassforth Stationery Co. on this matter. 5678 Moved by Councilman Romero, seconded by Councilman Budget Meeting to Ortuno that the City Clerk contact Mr. Rulofson and be set have him get the budget information together so that 5680 we can have a meeting early in June to go over the 78.00 budget. Motion passed by the following vote: Mobile Radio, Inc. AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer NOES: Councilman Johnson Munselle Supply Co., Inc. ABSENT: None 5683 Moved by Councilman Ortuno, seconded by Councilman Bills & Fawcett and unanimously carried that the following Requisitions Bills and Requisitions (LW -3114 - LW -3133) be paid. 5685 LIGHT FUND 162.58 5884 Addressograph-Multigraph Corporation$ 11.46 5885 Azusa Motor Parts 23.89 5886 Calif. Municipal Utilities Assoc. 37,50 5887 City Employees' Payroll Account 2,604.10 5888 Foothill Supply Company 5,890.20' 5889 Getts Hardware 10.42 5890 Grimes-Sta.ssforth Stationery Co. 6,53 5891 Hunt's Hardware 3.50 5892 Inland Transportation Corp. 5893 Mobile Radio, Inc. ,78 33.34 5894 Standard Oil Company of Calif. 13,50 5895 Westinghouse Electric Supply Co. 321.16 5896 Williams Lumber Yard 58.34 5669 Addressograph-Multigraph Corp. 5.22 5670 Azusa Agricultural Water Co. 684.84 5671 Azusa Ice Company 4.20 5672 Azusa Motor Parts 15.47 5673 Brooks Products, Inc. 38.01 5674 Calif. Municipal Utilities Assoc. 37,50 5675 City Employees' Payroll Account 2,293.60 5676 Getts Hardware 1.61 5677 Grimes-Stassforth Stationery Co. 6,52 5678 James Jones Company 446.71 5679 Johnson's Plumbing & Appliance Co. 4.36 5680 Koppl Company 78.00 5681 Mobile Radio, Inc. 16.60- 5682 Munselle Supply Co., Inc. 23.06 5683 Neptune Meter Company 17,35 5684 Signal Oil Co. 144.90 5685 Southern Pipe & Casing Co. 162.58 5686 Taylor & Hoover 500.00 5687 Williams Lumber Yard 7.76 STATE RETIREMENT FUND 102 State Employees' Retirement System 2,421.16 126 227 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 7:30 P.M. GENERAL FUND 9089 A A Lock Company $ 6,00 9090 A. -G. 'Tony' Aguilar 7.79 9091 Alhambra Foundry Co., Ltd. 190.55 9092 American Bitumuls & Asphalt Co. 119.50 9093 American Right of inlay & Appraisal Contr. 525.00 9094 Arcadia Feed and Seed Store 7,32 9095 Artcra£t-Swiss Embroider;; Co. 261.85 9096 The Artisan Press 29.70 9097 Azusa Brake & Wheel Alignment 9.56 9098 Azusa City Schools 54.00 9099 Azusa Bldg. Materials 107.16 9100 Foothill Classified 8.40 9101 Entered in Minutes of June 6, 1955 9102 _„ , „ 9103 ,1 „ 9104 City Employees' Payroll Account 19,381.02 9105 Azusa. Indian Club 62.50 9106 Azusa Motor Parts 27.94 9107 Azusa Paint & Wallpaper Co. 125.00 9108 Azusa Herald 262.01: 9109 Azusa Rock & Sand Co. 679,43 9110 Azusa Rock & Sand Co. 146.88 9111. U.'S. Post Office 10.00 9112 Clyde A. Blanchard 172.70 9113 Business Systems, Inc. 346.80 9114 Brooks Products, Inc. 163.77 9115 Brown, Bevis Industrial Equipment Co. 156.58 9116 H.'L. Byram, Countlr Treasurer 76.56 9117 Canyon City Paint Store 13,84 9118 Max E. Chervin, M.D. 10.00 9119 Central Market 1.26 9120 City Employees' Payroll Account 14,231.41 9121 Clary Corp. 43.26 9122 Commercial Lighting Equipment Co. 428.71 9123 Cook -Nichols Co. 235.90 9124 J. H. Coombs 229.0'0 9125 County of Los Angeles 63,00 9126 Count- of Los Angeles, Health Dept. 1.00 9127 Crown Fence & Supply Co., Ltd. 196.60 9128 R. W. Davis 60.52 9129 The Firewater Company 59.33 9130 Clarence H. Fawcett 6.00 9131 Getts Hardware 70.00 9132 Hardison Cleaners 2.29 9133 Harris & Frank 15,45 9134 Hendley Electric 3,73 9135 Higgins Trucks, Inc. 1,31 9136 Hunt's Hardware 23.07 9137 Industrial Asphalt Company 731.24 9138 Jamison Mfg. Co. 871,96 9139 Kaag 47.11 9140 Norman King 3,256,88 9141 Louis J. Kroeger & Assoc. 209.17 9142 Lou's Foothill Glass Service 22,78 9143 Louis the Tailor 55.31 9144 Joslyn Pacific Co. 88,99 9145 Bud Latta's Welding Shop 65.07 9146 L. A. Cement:Gun Inc. 761.00 9147 Lennie's Garden Center 0,27 9148 Maydwell & Hartzell, Inc. 124.84 9149 ' McBey Products, Inc. 53,51 9150 Mel's Sproting Goods 15.32 9151 L. G. Memmesheimer 6,06 9152 James Miller 9.66 9153 James Miller 32.25 9154 Molsberry"Company 26.13 9155 R. G. Osborne Laboratories, Inc. 105.75 128 CITY HALL AZUSA, CALIFORNIA MONDAY, MAY 16, 1955 GENERAL FUND (Cont"d. 7:30 P.M. 9156 Penny's $ 3.76 9157 Pennock's 158.65 9158 City of Pomona 150.02 9159 Reed & Routt Automotive Service 1.76 9160 Sam's Auto Parts & Wrecking Co. 1.04 9161 San Gabriel Valley Humane Society 48.50 9162 San Gabriel Valley Newspapers, Inc. 2.50 9163 Signal Oil Co. 882.09 9164 Eugene Sillert 144.00 9165 Smith Saw & Lawn Mower Shop 3.64 9166 C. -D. Soiseth & Son 83.38 9167 Southern Counties Gas Company 35.83 9168 Standard Oil Co. of Calif. 45.50 9169 State of Calif, Printing Div., Documents Sec. 1.29 9170 State Compensation Insurance Fund 1,684.81 9171 StructuralsEngineering Co. 284.63 9172 Tailor Made Fence Co. 8.43 9173 Tarr's Lawn Mower & Engine Service 7.50 9174 Warren Teasley, Planning Commission 14.62 9175 Ten Eyck Supply Co. 68.84 9176 Transport Clearings 2.17 9177 Tri -City Fence Co., Inc. 7.10 9178 Valley Blueprint Co. 195.63 9179 Valley Draperies 631.04 9180 Francis E. Warren 282.50 9181 Western Auto Store 4.17 9182 Westinghouse Electric Supply Co. 1,631.52 9183 Williams Lumber Yard 837.25 9184 John Williamson 36.87 i y C -er oAzusa a The Chief. of Police appeared before Council and stated that: the school crossing guard at 10th and Azusa Ave. quit the job about 10 days ago, and accepted a position Crossing Guard elsewhere.- She told Captain Williams she was quitting quits. but dial not put it in writing. Moved by Councilman Ortuno, seconded b- Councilman Romero and unanimously carried that City Attorney draw up Resolution removing Marie Edwards, Crossing Guard, from payroll. Moved by Councilman Johnson, seconded. by Councilman Adjournment Romero and unanimously carried that this meeting adjourn. Time of adjournment 11:50.