HomeMy WebLinkAboutMinutes - August 15, 1957 - CC (2)i
CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 3:30 P.M.
The City Council of the City of Azusa met in Special
Session at the above time and place.
Mayor Memmesheimer called to order this Special
Meeting at 3:36 P.M.
Present at Roll Call: Councilmen: Fawcett,
Ortuno, Johnson, Romero,
Memmesheimer
Councilman Johnson protested the wording of
the Notice of Special Meeting in that it was to
°approve an agreement". It was the opinion of
Mrs. Johnson that further study should be made of
the agreement.
It was moved by Councilman Johnson that this
meeting recess until Friday afternoon in order
to give further study to the agreement.
Motion died for lack of second.
The City Clerk read the following Notice of
Special Meeting:
By order of the Mayor, there will be a
SPECIAL MEETING OF THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF AZUSA, to be held in
the Council Chambers at 3:30 o'clock P.M. on
Thursday, August 15, 1957.
The business of the meeting will be for:
(a) Approve agreement settling all litiTation
in connection with Annexation Districts
15, 17, 20 and incorporation of the City
of Duarte.
(b)
Adoption of Resolution of Intention to
Provide Modification. of Benefits under
SERS in connection with Coverage under
Federal OASI.
James Miller
City Clerk of the
City of Azusa
The Notices of the Special Meeting were de-
livered to the Police Department at 3:16 P.M.
August 14, 1957 for delivery to individual
members of the City Council.
Delivery to members was made on August 14, 1957
at the time noted, by Officers Maxson and
Wilkinson.
Clarence Fawcett .................... 6:25 P.M.
Anthony Ortuno......................
Cecil Romero. .................... 5:40 P.M.
Mrs. Martha Johnson ................. 3:30 P.M.
Louis G. Memmesheimer............... 6:30 P.M.
The following Waiver of Notice of Special
Meeting was presented and signed by those
members of the City Council who did not
receive the Notice 24 hours prior to the
time of the meeting:
The undersigned, a member of the City Council
of the City of Azusa, hereby files with the
Clerk of said City Council a waiver of notice
of the special meeting of said City Council
to be held in the Council Chambers of said City
at the hour of 3:30 P.M. on Thursday, August 15,
1957 the purpose of such meeting being:
(a) Approve agreement settling all litigation
in connection with Annexation Districts 15, 17,
20 and incorporation of the City of Duarte.
Roll Call
463
m
CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 Page 2 465
i (b) Adoption of Resolution of Intention to Provide
Modification of Benefits under SERS in con-
°nection with Covera -e under Federal OASI.
This waiver is Made and filed pursuant to the
provisions of Section 54956 of the Government
Code of the State of California.
The undersigned beinr present at said meeting
at the time it is to convene, as set forth herein-
above, also dispenses with notice of said meeting
pursuant to the provisions of said Section 54956.
(signed) L. G. Memmesheimer Anthony Ortuno
Cecil Romero Clarence Fawcett
City Attorney Williams reviewed the facts of the
case leading up to court actions regarding
Annexations No. 15, No. 17 and No. 20.
The Attorney further stated that hearing of the
various suits was set to be heard before Dept.
34 of the Superior Court on Monday, August 19th.
Mr. Williams related that, several conferences had
been held by all interested parties to work out a
fair and acceptable agreement, and as of now all
principals have approved the agreement except the
Azusa City Council.
The agreement as prepared and proposed was read
by Attorney Williams.
Moved by Councilman Romero, seconded by Councilman
Fawcett, that this agreement be approved and that
the Mayor, City Clerk, and City Attorney be author-
ized to execute the same on behalf of the City Attor-
ney and that each Councilman of Auzsa be requested
personally to sign this agreement.
Moved by Councilman Johnson that the motion be
amended by amending line 19 page 2 of the agreement
to read "without prejudice".
Motion died for lack of second.
Moved by Councilman Johnson that the motion be
amended by amending item (L) line 21 pag. 2 of
the agreement to read "Azusa shall abandon and
terminate its proceedings in Annexation No. 17
and Annexation No. 20 with prejudice.'
Motion died for lack of second.
Moved by Councilman Johnson that the motion be
amended by amending the agreement as follows: item
4, commencing on line 25, page 2, item (5) commending
on line 7, page 3, item (6) on page 3 and continuing
on page 4 and item (7) on page 4 and continuing on
page 5, be stricken from this agreement.
Motion died for lack of second.
Moved by Councilman Johnson the motion be amended
and the agreement with respect to item (8) line 4
of page 5 the subject matter of this paragraph be
suspended until the same has been agreed to by the
Cities of Azusa and Duarte, each acting in their
official capacities.
Motion died for lack of second.
Moved by Councilman Johnson that the motion be
amended and the agreement referring to item (9)
line 15 of page 5, that the operation of this
paragraph be suspended until the City Council of
Duarte has been qualified and inducted into office
and is competent to subscribe to this paragraph as
City officials.
Motion died for lack of second.
466
CITY HALL AZUSA, CALIFORNIA AUGUST 15, 1957 Page 3
Moved by Councilman Johnson that the motion be amended
to amending item (9) lines 21 to 24, page 5 of the
agreement to read, "Each of said parties and their
attorneys makes this agreement with the representation
that each of them may rely upon his honor and integrity
in tarring out the terms hereof."
Motion died for lack of second.
The original motion was then passed by the following
vote:
Ayes: Councilmen: Fawcett, Ortuno, Romerq, Memmesheimer
Noes: Councilman Johnson
Moved by Councilman Romero, seconded by Councilman
Fawcett that the Mayor be authorized to address a
letter to the City of Duarte, to be delivered when
they meet to organize as a City expressing the
congratulations of the City of Azusa and welcoming
them to the family of cities and extending- to them
the hand of friendship and cooperation. Motion
carried by the following vote:
Ayes: Councilmen: Fawcett, Ortuno, Johnson, Romero,
Memmesheimer
Noes: None
Item (b ) of the Special Meeting was for the adoption
of the Resolution of Intention to Provide Modification
of Benefits under State Employees Retirement System
in connection with coverage under Federal Old Age and
Survivors Insurance.
Councilman Johnson off6red the following resolution
entitled:
RESOLUTION OF INTENTION TO PROVIDE MODIGICATIOiN OF
BENEFITS UNDER STATE EMPLOYEES' RETIREMENT SYSTEM
IN CONNECTION WITH COVERAGE UNDER FEDERAL OLD=AGE
AND SURVIVORS INSURANCE.
Moved by Councilman Johnson, seconded by Council-
man Ortuno this resolution be passed and adopted.
This resolution was then passed and adopted by the
following vote:
Ayes: Councilmen: Fawcett, Ortuno, Johnson, Romero,
Memmeshe imer
Noes: None
Absent: None and numbered resolution No. 3641.
Moved by Councilman Romero, seconded by Councilman
Fawcett, that the meeting adjourn.
Time of adjournment 4:26 P.M.
q ty larkz��
Resolution
No. 3641
OASI
467
RE,