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HomeMy Public PortalAboutM 1931-09-29 - CC_ _ ~~~~ ADJOURNED REGULAR A~EETING SEPTE~:~3ER 29th 1931. The city Council of the ~%ity of Lynwood mat in an adjourned regular session at the City Hall, 11331 Plaza Street, on above date, at 7:30 P. ~~, P~tayor ~'ecker in the chair. Councilman '~'Jillia~~s, Grayson and pecker answered the roll call. Councilmen Davies and Snyder were absent. The minutes of the previous regular meeting of September 15th and of the special meeting of September 2nd, 1931, were read. During the reading of the minutes Councilman Snyder arrived and took his seat at the table. 'the minutes were approved as read. ~fJR I TTE?iT C Ob!Pu~ITN I CA T ~ ON S ; comr.;unication ti~~as received igned by I..O.`°c.Cluskey and A. R. Liftivich, requesting that the base ball park on Irr~perial Highway be cleaned and leveled for Lynwood baseball Team ~;~hich is backed by the ~~~lorris ''+~srdrobe store, of Huntington Park, California. It was moved by Councilman +~illiams that the com~~unication be filed. There being no sec- ond, same lest for lack of a second. Thereupon, it was moved by Council- man Grayson and seconded by ~%ouncilman Snydernthat the matter be referred to ~ounc ilcnan Levies for investigation, and to .report back to the Counci 1 his recommendations. City '1ttorney iiess addressed the Council on said matter to the effect that it is beyond the authority of the City to expend any money for improving private property.. Roll call on motion: Ayes: Councilmen ~'~illiams, Grayson, Snyder, and pecker. Noes: None. Absent: Councilman Davies. A communication was received signed by ~~rs.I,.?.~rerritt and Aa.~. Tauensendt, making application to erect a tent for religious services on Long peach Boulevard at 11307-09, with petition attached signed by pro- perty owners in that ~~icinity consenting to the erection of same. Tt was moved by Councilman Snyder and seconded by Councilman Grayson that the request by turned over to the Building Tnspeetor, and if it meets with. the ~•equirements of the Building Ordinance, permission be granted.' Roll Call: Ayes: Counc ilmen ~~illi:~~s, Grayson, Snyder and-seeker. Noes: None; Absent: Councilman Davies. A communication was received from Rev. & I'~~rs. C.'r.Powell, pastors of the Four Square Church, located at 11211 Z~>ng Beach Blvd. making a~plica tion for permit to conduct street mestin~ each Friday eve- ning, between 7 P.I+d. and 8 P.~;~. on bong 'each Boulevard, on corner of Burton Ave. or Magnolia, Ave. It was moved by Councilman ~~illiams and seconded by councilman Grayson, that the request be granted. Roll Call: Ayes: Councilmen +~illia:ns, Grayson, Snyder and .seeker. Noes: None. :absent: Councilman Davies. A communication was received from L.l~.County League of .;alifor- nia, inviting ~.>ou~~~cil to attend their next meeting at Glendora on 'Thursday October 15 th, when the problem of Unemployment RelieF will be given con- sideration. 'here being no objection the Mayor ordered the oommunieation filed, suggesting that if any of the Council can attend it may be profit.- able to do so, as may obtain some helpful information how tc> handle oui; local unemployment situation. Councilman Grayson also addressed the Coun- cil urging all rnemb ers that possibly can attend, to do so, inamuch as the topic is an important one. A report of cases for week ending September l~th,1931, was re- ceived from the County Health vepar tment showing no cases for Lynwood; also an arplieation was receivec:. from Douglas ~i.Reynolds, applying for ^osition as nightman in the l''ire Der,artment. There being no objection the Mayor ordered same filed. A communication w~:s received from Joh~^ A Rush and John L.Rush Attorneys-~~r Pacific Finance Corporation, ag~;eeing to acce,t X12,000.00 in full payment of Judgment rendered in the Superior Court of ~s Angeles, California, in favor of Pacific ~inanae Corporation e~ain~t the City of Lynwood, in the case enti tled PaQifiQ Finance C©pporation vs. City of Lynwood, to be paid as follows: X7,500.00 on September 29th,1931, and X4,500.00 on or before Janurary 15th,1~32. There being no ob~eetion, the r~Rayor ordered the matter laid over until later in the evening when Councilman Davies will be present. ,i i ~' (~ 2r~~- REPORT OF SPE C IA?~ COMMITTEES Chief of o ee ailey reported for the corimittee to draft new Liquor Ordinance, that they have not completed same ~~: s yet. Councilman Williams reported on the matter of request ,from one Luella Vii. Stever of Long Beach to have water mains extended so that hEr property could be served, being Lots 7 and 8, Tract 6312, as she is desirous of plaxiting shrub~:ery, etc., to the effect that he has commun- icated with ~irs.Stever regarding said matter, but up to date has received no reply. UNFINISHED BUSINESS. cc~mmuniea on was received from Herbert G.Rehfeld, requesting refund of light assessment paid on the southerly 60 feet of Lot 960, Tract 3172, as said lot is not .split, but the division is merely '~!iattoon act district split caused by installation of the sewer system, and the lot is rightfully divided into two portions, said refund being in ', the amount of X15.45. Attorney Hess addresses. '.:he Council on said matter, stating that the Council have no legal right to make the refund requested as the hearing fixed by law was held, and the assessment n~as confirmed vaithout pr+o~teet; and the assessment therefore legally is final and con- elusive; therefore, he advised the Council that the refund would be at their own personal responsibility. City Treasurer Reed addressed the Council. on the matter to the effect that T~~r.Rehfeld,or Mr.Saathoff to whom he sold the property is entitled to the money from a moral stand- 'uoint as it was a clerical error, and that he was sure. no citizen of Lynwood would object to the refund. At this time, 8:00 o'el.odc ,P.r!f. Councilman Davies arrived, and took his chair at the table. It was moved by Co~neilman Grayson and seconded by Councilman ~'Pilliams that refund in the amount of X15.45 for lighting assessment erroneously assessed against"the so utherly 60 feet of lot 960, Tract. 3172, be refunded to Mr. Geo.Saathoff, and that a warrant be drawn on the Gity Treasurer to cover sa-1e, and that the Gity treasurer be authorizE~d to caneal assessment No.3163 on the 1929-30 Light Mainte~iance Assessment Roll. Roll Call : Ayes: Councilmen Will$ama, Grayson, Snyder and Decker. Hoes : None. Not voting: Councilman ~'avies. A communication vaas received from Herbert Rehfeld requesting refund of weed cleaning payment for year 1926, claiming that there was no weed cleaning done on the west half of lot 9&0, Tract 3172. Thereupon, it was moved by Councilman Williams, and seconded by councilman Davies, that the request for refund of weed assessment in the amount o.° X5.15 for year 1926 be disallowed. Roll Call: Ayes: Councilmen illiams, Davies, Grayson, Snyder and Decker. Noes None. `1'he matter of compromise settlement of judgment of Pacific Fin- ance Corporation against the City,. was again brought up far consideration. City attorney Hess read a Resolution prepared by Rush and Rush Attorneys for pacific ~,inance Corporation, consenting to settlement of the Judgment for damages nova totaling the sum of X19,663.19, inclusive of costs and interest to date, for X12,000.00-- X7,500.00 to be paid September 29th, and ~4,500~00 to be paid on or before January 15th,1932. It was moved by ~oux~eilman ~*rayson and seconde~_ by Councilman Snyder that said Reso- l~tion be adopted. Considerable discussion ensuBd regarding settlement on the basis stipulated in said Resolution, and the following addressed ~ the Council on the matter: Councilmen Grayson and Davies requested in- formation from ~r.E.P.Mulholland, representing ex-~'ngineer Robert B. Miller if h® would be willing to get in on a 4-party agreement,. and settle with Miller for :540.00, informing Mr.Mulho :.land that when the Resolution is finally adopted his chance for getting any money at all for ~s.Miller from the City will be out of the question, and that the City may sty t suit against ~r.Miller for the recovery of over-payment of Engineering fees in the matter of the sewer installation to be paiti`d ~~r.Schwabland. ?tFx. Mulholland declined to accept the offer. Councilman `~rayson offered X1000.00 rather than endanger the ~%i ty wi th further litigation in the matter, which was not accepted by the other members of the Council. City Attorney Hess and pity Treasurer peed addressed the Council recommending that the Council pay the eiaim of the Pacific Finance Corporation in full at an early dat® because of danger that the City may be enjoined from paying the balance which would entail further litigation. ~~Ir.John A. Rush also addressed the Council. Thereupon it was moved by Uouncilman Davies, and seconder. by Councilman Grayson that the Resolution pro~osed be amended to read that the full amount of the compromise settlement ti~12,000.00 be ~~~(~ paid on or before October 3rd, in lieu of 7500.00 to be paid on Septem- ber ~9th,1931, and the balance of X4500.00 to be paid on or before January 15th,1932. Discussion ensued regarding said matter. ~7hereupon at the consent of.Councilman Snyder who seconded Councilman Grayson's motion to adopt the Resolution as originally proposeu, Councilman Grayson with- drew his motion, and Councilman Davies also withdrew his motion to amend same at the consent of Councilman `~rayson, and httorne Rua1a was instructed to amend the resolution to provide for payment of the 12000.00 on or be- fore October 3rd,1931, and the Council will act on same later in the eve- ning. I t was moved by Councilman Davies that City ~~ttorne y mess be instructed to begin suit against e~~-Engineer Robert B.Idiller for the over- payment of engineering fee in the matter of sewer installations. There being no second, same lost for lack of a second. Councilman Grayson add- ressed the Council, favoring letting ::.r.~iller bring suit first, and then the City bring counter suit. Attorney Hess suggested. that they bring suit before January 9th, 1932, so the statute of limitation for debt does not expire. A comr~unica tion was received from Foster ~C Kleiser regar ding their advertising signs next to the business establishment of z~~r.Pinto located at 10231 Zong Beach Blvd., to the effect that if P.~r.Pinto will gQt in touch with them, and twill agree to pay his portion of the expense in relocating the structures they will be willing to have same moved. ailso communications were received from the City clerk and Buildin ln- pector to the effect that the signs meet all building re,quire~a,~n~~~ also that Southgate and Compton have the same Ordinance relative to ad- vertisin~; signs with the exception that Compton requires that the Bui~.dirig Inspector submit the application to the City Council before permit 1s granted. Inasmuch as the ;structure complies with the building require- ments, and is on private property, the ~=1ayor ordered the Clerk to oom~- unieate~ with a~1r.Pinto that we carrot give him any relief; and for him to corr~municate with Foster ~ Kleiser regarding his complaint. A communication was received from _=:. D. Crenshaw ~ Co. , making application to audit the City-Books on the same basis as heretofore, X15.00 per day for each accountant engaged upon the work,- with a guaran- tee that the total charge will not exceed an average. of ~~ 5U.00 per quar- ter, or y~1000.00 for the year, mayor pecker recommended that they con- tinue to audit for the current :.uarter as their work has been very satis- factory. Thereupon it was moved by Councilman Davies and seconded by Councilman Snyder that ''.D.Crenshaw ~ Co. be employed to audit the City Books for the first quarter of the fiscal year beginning July lst,1931, and ending September 30th,1931. Roll Call: Ayes: Councilmen ~'{illiams, Davies, Grayson, Snyder and Decker. Noes: None. NEW ~3IISIN~'SS: :, A~mmunication ryas received from ~'.h.Dunlap to the effect that he has been up to the County searching as to whether or not final ~ndgment has been filed in ~.~.I.Pis tract X0.16 (California Street) , and he finds that same has never been filed; also that City Attorney Bess has also in- vestigated and finds that no such documen-: has been filed. a.i'hereupon, it was moved by Councilman Grayson and Seconded by Councilman anyder that the City ~%lerk be instructed to eommunic to with Mr.Brewton A.Hayne, former City Attorney, and Attorney in :~ynvuood in the matter of Acquisition and Improvement Listrict F~o.16 of the City of Lynwood, and on behalf of the City that he file the final judgment in action loo. 263,069 in the Sup- erior Conn of Los -Angeles County, for which services he has received full compensation accord ng to the 3~esolution appointing him as such s~ttorney, and that the City Treasurer check up later and see that same iQ filed. Roll Call: Ayes: Councilmen Williams, Davies, Grayson, Snyder and seeker. Noes: None. Communication was received signed by John C.Helderle, H.Di. Allen, J..'~.hooney, G.H.Rowley, and ~~.P~alone, requesting the ~%ity to check carefully for-feed and -oultry supply dealers, selling from house to-house without the required Gity license. `t`here being no ob,iection the '"syor referred the matter to the Chief of ~.'olice Bailey, and instructed the Clerk to commu_~icate with the above named business m~~n, requesting them to inform the ~'oliee de~~artment when they see them selling feed and ~'oul- try supplies without a City license. A petition was received signed by . F Ilansen, and thirty other busiiness men requesti3~g the adoption of an ordinance like that ®f South- gate ;n~hich forbids the handbill distribution.'hereupon it was moved by Councilman ~t~illiams and seconded by Councilman ;rayson, that the City 2~1 Attorney be instruc ted to draft an ordinance wi th the Southgate provi- signs. contained therein and present +o the Council for their considera- tion. Rall Call: Ayes: Councilmen ~6illiams, Davies, Grayson, Snyder and decker. Noes: None. ~ Petition was received signed by Jack Meyer and 16 other busi- nes~t men and residents obieating to signs along Fong peach Boulevard, in the vicinity Qf Michigan,. Sequoia and Cherokee Avenues because of ob- structing the view o~ business places. There being no objection, the ~~ayor ordered same filed. A release of. All Claims for damage to lighting Standard No.90 ~n Long peach Boulevard, was received from the General Accident Fire and ifs Assurance Corporation, amount of damage being 121.0. Thereupon ,; it was moved by Councilman Davies and seconded by Gounoilman Snyder that the Ma;,yo~ 'be aui~orized to execute said Release of Claims for damage to fighting standard No.90 on Long Beaoh Boulevard as requested by the Gen- eral Accident Fire and Life Assurance Corporation, Ltd. Roll Call: Ayes: Councilmen Williams, Davies,Grayson,Snyder and Decker. Noes: None. An Ordinance of the City of ,,Lynwood, amending Crdinanee No.73 licensing various businesses in said. ~'ity, by .providing for liQense fee for operating peat bed at 50.00 per yew, v~.s read. It was moved by Ccrtuzoil.man navies, and seconded by 'councilman Williams that same be acc- epted as read -the first time, and passed to the second reading. ..:.Roll Call: Ayes:: Councilmen ~lilliams, Grayson, Davies, Snyder and Decker. Noeer: None . It: was moved by ,Councilman Grayson and seconded by scone ilman Davie$ that Building Inspector Collins be appointed a member of the I'o13ee Department, to perform the duties of License Oollector under the Chief of> Police t~ithout compensation: for such service other than are payable in his capacity as Building Inspector. X011 Call: ~~ ~.ye~:. CQU.ncilmen Williams, Davies, Grayson, Snyder and Decker. Noes: None. ~c~noi~lman Grayson iutredueed City Treasurer Reed, who reported on a trip they had made to San Diego to investigate the ~.4attoon Act Relief Associa;~ion,: and` Treasurer, Reed said among other things that the people are endeavoring:-'to induce the Board of Supervisors of San Diego County to make appropriations to aid in the ayment of Mattoon Act Bonds on art- erial beverds; also that they rcpt pervisor Hastings, who promoted Assembly Bill No.438, and that he stated that he felt-confident that the same will b°e held constitutional. ` `~ 'It was moved by Councilman Davies, and seconded by Councilman `~lilliams that the clerk be instructed to inform Mr. H. L.Feoick, that his appropriation from. the City of Lyrnvood as Assistant Playground Director terminated September 15th, and therefore he will not receive a.ny more eompencation f~+om the City. Ro11 Call: Ayes: Councilmen. ~ilLiams, Davies, Grayson, Snyder and Decker. NopB: None. City' Attorney Hess reported that he has had no reply to a letter sent ~©-ths Southern Development Company regarding the purchase of Lot 17 ~ ( Block ~:;, ~jI'rsat 9288, a month ago. Thereupon it was moved by ~ounoilman Snyder and ~seeonded by Councilman Grayson that the 4ity Attorney be in- structed tb notify the Southern Development Company that the City is no longer interested in the purchase of the Zot, and instru~ the Engineer to locate. a~ncther $i~tre for consideration of the Council. `~'he ~I,er~- re .a orted r egard ing a tri p to DelMonte at Monterey where the ~an~ention of the Lsue of California ~~iunicipalities convened. Ths.~sgor stated that the cas® entitled 1~~~OFFATT va. CITY OF LYN~~YOOD will come for trial Thuz°sday morning at 10:00 A.~. requesting that each member of the Council attend. ThQ following demands ware presented: GENERAI, .FUND. Lynwood ~leotric Oo. `1~t3 -dater Department 52.00 S~.Ca1.Tele.Co. 25.82 -City of Lynwood 1544.02 State Comm. for protection of M~rs.Alice Dorsey 4.00 Children ,Animals 96.98 Rush ~ Rush,Attorneys, .Sears-Roebuck gip. .87 for Pao.Fin.Corp. 12000.00 c7 /(`+~ ~4f/ !\- STREET DEPARTMENT ~ LL I:IGHTING FUPZD General Fond 491.31 National Ti 1e^IIns;Glo.- .52 Regal Oil Co 291.06 .Lynwood Electric company 59.10 A.'dY Saurxiers 10.00 MATER DEPARTMENT ,CONTINGENT RESERVE Charles R.Hadley o,. 7.71 General 8800.00 It was moved by Councilman Ravi es and seconded by Counci lean Grayson that the demands be allowed and warrants be drawn on the Gity Treasurer for eaid various amounts. Roll Call: Ayes: Councilmen Williams, Davies, Grayson, Snyder and Decker. Noes: None. At 9:45 P.M. a recess was declared by the A~ayor. At 10:00 P. M. the meeting was again called to order by the ~~ayor. Whereupon the Clerk eallec the roll, and Councilmen '1illiams Davies, Grayson, Snyder and Decker answered the roll .call. ~ 't this time Rush and Rush, Attorneys for~Pacific-'finance Cor- poration submitted a communication to the effect that they offer to acc- ept the sum of X12, 000.00 in full payment and sa tisfaction of the judg- ment in Pacific ~inanee Corporation vs. city of Lynwood, ~~i.th costs and interests to date am aunting to X19,663.19, to be paid on or before October 3rd, 1931. Thereupon Resolution No.789, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN~VOOD AUTHORIZING COPn9PR0"RISE PAYMENT OF JT7DGPJfENT RENDERED IN THE StTPERIOR COURT IN THE. CASE :?ACIFIC FINANCE CORPORA2'ION VS. CITY OF LYNtY00D", which c ompromise settlement is in the amount of ~1y2,000.00 , in full satisfaction of said judgment, provided said payment is made on or before October 3rd., 1931, ~~~~as read. It was moved by Coun- cilman Grayson and .seconded by ~'ounc ilman Davies that said ~~esolut ion IJo.789 be adopted. Roll Call: Ayes: Councilmen Williams, Davies, Grayson, Snyder and Lecker. No es : None . The Qity -Attorney addressed the Council to the effect that he advises as set forth in the Resolution, that in his opinion said offer ' should be accepted. It was thereupon moved by Councilman Snyder, and seconded by Councilman llavies that the demand for 12,000.00 to Rush & Rueh as Attor- neys for ~aeifie Finance Corportion, be included in the list of demands and that warrant be dra~~;n on the city `j`reasurer to cover same. Roll Call: Ayes: Councilmen ~~illiams,Davies, Grayson, Snyder and Lecker. Noel: None. _ RESOLUTION No. 790, entitled: "_ A RESOLUTION OF THE CITY COUN~`iL OF ~iliE CITY OF LYN'tv00D Ab'iENDING RESOLUTION No. 733 FIXING C0~1d~PENSATION OF OFFICERS AND EPv'LnLOYEES", was read. It was moved by Councilman Grayson and seconded by councilman Snyder that same be adopted... Roll Call: Ayes: Councilmen Williams, Davies, Grayson, Snyder and Decker. Noes: None. Councilman Grayson addressed the council to the effect that he has inves tigated the matter of substituting some of the regular firemen for volunteer firemen, to keep wit~.in the budget, but as yet is not pre- parec~ to report finally on the matter--the question to be considered, as the `'ommissioner of r~inance says," where is the money coming from to pro- vide for the regular firemen?". No action was taken. councilmen ~`~illiams advocated reducing salaries 10~ in all departments. Considerable dis- cussion ensued, but no action was taken. It was moved by Councilmen navies and seconded by councilman Snyder that the meeting adjourn to October 6th, 1931, at 7:30 T,.2,r[. Roll Call: Ayes Councilmen Williams, Davies, Grayson, Snyder and Decker. goes: None. ~_ `~" % ,~ .'_ of ~C ~a n . 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