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HomeMy Public PortalAboutM 1932-07-05 - CCREGULAR 11~ETINGr JULY 5th,1932. The Ci ty Council of the City of Lynwood met in a session at the City Hall, 11331 Plaza street, on above date, Mayor Snyder in the chair. Councilman ~'illiams, Davies, Schouten and Snyder the roll call. ~~ I~ I ~~ _ ~ ~, 3 ~ ~~- regular at 7:30 Plt2. answered The minutes of the previous adjourned regular meeting of June 28th were read and approved. ~PRI TTEN CO1~~tTNI CA TIONS : epor s v ae v es for the month of June were received from Btxild ~_ng Inspector Collins, Fire Chief ~.inlap, Judge Hemenway, and Chief of~PoTice Bailey. There being no objection, the Mayor ordered s ame a file d. The following demands were presented:- GENERAL FUND LIGHTING FUND ~~ Payroll account Los Angeles Towel der. Go. Bishops Garage Southern Cal if .Edison Co. n ~ n ~ Floyde B.Rowlee City Shop Stores Inventory Lynwood Er~ergeney Relief 'Fund EY.D. Chrisman,M.D. John T. Fairbanks X2,633.67 3.90 121.09 4.50 58.80 10.00 27.75 123.28 100.00 6.00 110.00 STREET DEPAR TMEN T ..r-.. Southern Calif Edison Co 4.00 Stores Inventory 49.20 City Shop 57.90 Payroll Account 415.62 J.';"J. Black Co. 67.60 Payroll Account 20.00 Lynwood Tribune 19.15 Roscoe R.Hess- 28.42 Southern Calif.Edison Co. 1,509.64 WATER DEPARTMENT Burroughs Adding Mach.Co90.65 Independent Addressing Machine too. 11.96 Payroll Account ~ 649.00 J.W.Black Co. 6.75 Griffith Pipe & Sup Cp. 42.26 Hudson Lumber Co. 3.20 Stores Inventory 21.60 Hercules Foundries Inc. 18.32 National Supply Co. 45.00 Southern Edisoon Co 590.45 Standard Oil Go. 6.50 Griffith Pipe & Sup Co 51.46 City ~. op 54.24 It was moved by ~'ounc ilman Williams and seconded by Cound 1- r~an'Davies that the demands be allowed, and warrants be drawn on the ity Treasurer for said various amounts. Roll Call: Ayes: Councilmen Williams, Davie, Schouten and Snyder. Noes: None. ORAL CO~~NNICATIONS: Mr.A.B. ray addressed the Council stating that he was of the opinion that the water rates should be lowered. No action was taken. Mr.Lyman Morgan addressed the Coupeil stating that the sign at the south City limits designating the City limits has not as ye t been plseed. Engineer Bateman stated that same has been placed, but that it was planed at the wrong location. Thereupon the D~~a.yor ir?- strueted Engineer Bateman to place same at the proper location. Mr.J.~rY.Denny addressed the Gouncit in behalf of the Lyn- wood AssOCiation ~r Unemployment Relief, seeking informatio~i as to why the work was cut off from the unemployed. Mayor Snyder informed Mr. De~~ng that the money will all be spent that was promised to be vs ed; but"that the City quit the cutting of weeds as they wished to do some erme.nent improvements and have the County pay for the labor and the ~ity furnish the material, and in that way the money would go much further. Thereupon it was moved by ~o uncilman Davies anc~ seconded b y Councilman Williams that the balance of X7,000.00 which was agreed to be-'spent to help the unemployed be spent in some constructive work to aid them. ~~ Roll Call: Ayes: Councilmen ~~illiams, Davies, Schouten and Snyder. Noes: None. The hour of 8:00 o'eloak having arrived, said hour being the time fixed for the hearing of protests in connection with the furnishing of service necessary to maintain and illuminate by el eetr•ie energy the suspended electric street lamps, and the lamps located on ornamental standards in the City of Lynwood. The Mayor asked the flity . c~ v~~ e~ d Clerk whether or not any written protests had been filed. The Clerk stated . that none had been filed. Thereupon the ft'ta,yor inquired of the audience if there was any one present who wished to protest to the proposed assess- ments, or to any of the proceedings_in connection therewith. ~flr.W. E.Hill addressed the Council requesting inform~-.tion whether or not said improvement called for ornamental lighting standards where same do not already exist. Mr .Hill was informed that such is not the caGe. ltir. J. V'J.Denn addressed the Council s tat iztg that there are only two lights on Barlow Meet for 91 lots, and that he would rather do without the lights that are there. Thereupon Engineer Bateman canvassed the map and found that four lights were located on said street, in eluding an intersection light, stating that the charge this year would ,' a X3.80 per 50 ft, lot in that district. ~"1r. Lyman Morgan addressed the Council requesting informs- ~. tion as to how many lights are located on his street, stating that he wished the one next to his place eliminated,rather than pay the charge. { Mr.~~.B.Gray addressed the Council,, wishing to know if the charge to lot owners on Long i3each Blvd.. and Imperial Highway, between ~._ Ce ifornia and Long ~3each 131vd., is the same as for the suspended type of light.Engineer Bateman dated that heretofore it seems that the charge has been the same, and that the present levy or assessment will be on the same basis. urs.F.Matheney addressed the Council stating that there is no light on Birch street, between d'~alnut .and FernT^,~ood Avenue, and upon investigation by Engineer Bateman it was found that lights existed only at the intersection over a distance of app oxim~tely 400 ft. at said location. L Thereupon RESOLUTIi,~N `O. $08, en titled : " A RESOLUTION ~?F Thry CITY (70UNCIIa OF THE CI~iY OF LYN~~OOD OVERRt?LING PRO~STS, ORDERING TnE ''10RK AND LEVYING TH'~, PROPOSED ASSESS-ANT ~'OR SERVICE NECESSARY ~I'0 MAINTAIN ~'~ND ILLTTI'.ZfNATE THE ,~USP~ENDED ELJCTRIC '1'REET LAMPS AND ~'HE LADS ON ORNAMENTAL STAN?aiRDS IN T~iE CITY ~~"~?~' LYN':~1OOD", was read. Ct was moved by Councilman Williams and seconded by Councilman Davies that said RESOLU~'ION N0. 808 be adopted. Ro 11 Call : Ayes:V Councilmen Williams, Davies, Schouten and Snyder. Noes: None. REPORT OF SPECIAL COP.",MI TTEES ouncilman +111 ams rep~~r a on a meeting of the Los Angeles Flood Control Development Association recently held at "~Taywood, stating that they discussed ways and means of obtaining money frrrm.,,the Board of supervisors to put the unemployed to ~Arork, and that a ~ mmittee consisting of Lieutenant-Governor jYerriman, _,~:ayor Renshaw of Signal Hills, and others will appear before the Board of supervisors to make formal application, stating that the next meeting ~*~ill be hel~~ at the ~.erry-go- round Cafe in Huntington Park, stating that the unemployed„also be re- presented, to sit in and see -.~~hat is going on. Councilman Davies suggested that three of the unemployed attend. City Attorney Hess submitted a written opinion on whether or not `~r. Gillett was duly and regularly appointed as a member of the Council by the vote taken thereon at the meeting of June 21st,1932, stating a situation was created for uthich he finds no precedent in the ~. California law, stating further that the case of Housmanv~ Earle , 98 New Jersey law 379, which was referred to him is one which is not identical! in that four out of a.council of five members were present at a meeting and one of these four resigned at that meeting, leaving only three members of the 6ouneil present, and they appointed a successor by two ayes and one not voting, which was held a good appointment; calling atten- tion to the fact that of ter one councilman resigned there were only three present, so that naturally the t~.vo affirmative votes made a majority of those present. However, in the Lynwood ease there were four "zembers present, and two does not constitute the majority of the four, reporting on quotations on the general subject, stating that he is un able to render an .pinion upon which the Council would be justified in action without a determination by the Court in view of the fact that the case has never before been passed upon by the California Courts. R?r. Hess also read a,n exerpt from the minutes of August 19th,1930, where a motion via s declared no t carried when two voted aye , and one no , and two did not vote, stating that he is still of the same opinion that said motion was not carried. Thereupon Councilman Davies presented a communication he had received from Attorney Gen::ral U. S. Webb's office, signed by Robert ~'V.Harrison,Deputy, in response to a nig~tt letter sent by Councilman Davies and Schouten, wrhich read in par# as follows. 3 l ~. ~^, i 'That while it is not the policy of their off ice to render opinions _ 'for Municipalities; but that advice should be given by the City Attorney; yet suggesting that he Dell to the City Attorney's attention the fact that .had the four:-.voted and had Gillett received b.#~two votes, he would not have received the necessary majority; b uL with the fourth refusing to vote, there were but three ballots east, and two of such votes are fo,r one individual, and the third was against him or for another, it would appear that the individual--in this case Gillett-- who received a majority of the votes cast should be deemed elected to the position, suggesting that the matter be submitted to the Qity Attorney who is your legal advisor and by whose advice you should be guided.' At this time Attorney Stanley Moff~.tt, representing A~tr. ~~~l~.tt, addressed the Council requesting ~Ir. Gillett to come forward, and made a demand on the Oity Clerk that 1~ir.Gillett be sworn in as a Cot~nai loran. The Gi ty Clerk refused to do so on the ground that he would not because of the advice of the City Attorney that i;he appoint- ment was riot carried by a majority of the Councilmen present. Thereupon Attorney Moffatt demanded of the Council that lti1r.Gillett be seated as a Councilman. City Attorney Hess suggested teat a vote be taken thereon, but Attorney Moffatt suggested that the same was not necessary anal no 'action thereupon was taken. Councilman Williams addressed the Council suggesting the adoptfon of an ordinance which will prohibit tL~ie distribution of hand bills by out of town merchants. City ~ttarney Hess ruled that he does not think that same would be legal-because of discriminating. Thereupon it was moved by `councilman ~lilliarns and seconded by Councilman Davies that the City Attorney be instr ucted to amend the hs,nd bill ordinance by raising the fee from X10.00 per day to X30.00 per 'day for distributing a~tvertising matter in the City of Lynwood. Roll Call: Ayes: Councilmen Tilliams, Davies, Schouten and Snyder. ` Noes: None. UNa~INISHED BUSINESS: Mr.Earl t. lair appease before the Council in connection with his application presented at the meeting of the Council held on Jane<~8th t© decorate the lighting standards at X1.00 per pole, stating that he would use t~~~o men from the unemployed if the City have 50 poles decorated, and three men if they decide to-have 75 poles decorated. Z'hereupori it was- moved by ~'ouneilr~an Davies, and seconded by Councilman Williams ,that TtiZr. St.Clair be authorized to decorate 75 poles for the Olympic games at the pride of X1.00 per pole, provided he used three unemployed men in the F~rection of same. Roll Call: Ayes: Councilmen "'illiams, I~,vies, Schouten and ''riyder. " Noes: None. NEW BUSINESS: ~2~as-move~c by Councilman Davies and seconded by Council- man ':Williams that the City Engineer be instructe~ to give an es timate of the+cost to widen the street on the east and west sides of bong ~Jeach Boulevard south of the Pacific Electric tight of way, and make ap plica- tion to the Board of Supervisors for an amount sufficient to pay for the labor on same. Roll gall: Ayes: Councilmen tiWilliams, Davies, Schouten and snyder. Noes: None. ` Tt was moved by ~'ouncilman Davies and seconded by Councilman William"s that the meeting adjourn to July 19th, 1932, at 7:30 P.Pd. Roll Call: Ayes: Councilmen ~~illia:~s, Davies, Schouten and Snyder. . Noes: None. ATTESTi .. ~'~ R F T C 0 D. ~' 1__..--" C , D.