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HomeMy Public PortalAboutM 1949-07-05 - CC__ _ - - -- __ ~.+ REGULAR MEETING JULY 1949 The City Council of the City oP Lynwood met in a regular session in the City Hall, 11331 Plaza Street, o n above date at 7:30 p. m. Mayor 6~illard i n th.e chair. Councilmen Bruner, Stroh, Willard and Williams answered the roll call. Councilman Jensen was absent. It was moved by Councilman Williams, seconded by Council- man Stroh, that the minutes of the previous regular meeting of June 21, 194g, be approved as written. All members present voting aye, the Mayor declared the motion duly carried. A .communication from P. Van Lunen and Frances D. Marks and Fred and Mary Meyer$ was read,~wherein they requested annexation of the property east of Atlantic as described in said communication on file in the office of the City Clerk. There was considerable `~ discussion as to the advisability of proceeding with said annexa- tion wherein. Mr. Van Luven, who was present, addressed the Council stating his wishes to ha ve his property within the corporate limits of the City of Lynwood. After additional discussion, it was moved by Councilman Stroh and seconded by Councilman Williams, that the matter be Bet over to the next meeting to allow additional time for the Council to study the request. All members present voting aye, the Mayor declared the motion duly carried. The hour of 8:00 p. m. having arrived, said hour being the time fixed to hear any and all protests or objections to the proposed assessment in the mater of the improvement of Cornish Ave., the Mayor inquired if there were any present in regard to said hearing. There was no response. ~^jereupon, RESOLUTION N0. 2220 entitled "RESOLUTION SET- TING FORTH FACTS OF HEARIIIG, AND CONFIRMING ASSESSMENT, IN THE MATTER OF THE IMPROVEMENT OF CORNISH AVENUE IN THE CITY OF LYNWOOD" was presented. It was moved by Councilman Bruner, seconded by Coun- cilman Williams, that said Resolution be adopted. Roll Call: Ayes: Councilmen Bruner, Stroh, Willard, and Williams. Noes: None. Absent: Councilman Jensen. The hour. of 8:00 p. m. having arrived, said hour being the time fixed to hear any and all protests or ob,jeetions to the pro- posed assessment for street lighting maintenance in the City of Lynwood, the Mayor inquired if there were any present in regard to said hearing. Whereupon, Mrs. Barbee addressed the Council, voicing her objection to the proposed assessment. There were also objections voiced by W. M. Koenig, 11316 Ernestine, T. F. Kendall, Ernestine Avenue, R. Betteker, 11332 Ernestine, and Mr. Hansen, 11300 Ernestine. There was considerable discussion wherein additional objections were raised by Mrs. Roy and Mr. G. H. Lynn, Atlantic Avenue property owners, based on the increase of lumens in Atlantic Avenue. During the discussion, there was an explanation by Mr. Schell of the Edison Company as to the costa involved in under- ground installation and an explanatiar~ by the City Engineer of the theory of lighting maintenance districts and the overall fairness of complete inclusion. There was further discussion wherein the Councilmen ex- plained the policy of majority interests being served. Whereupon, RESOLUTION NG. 2221 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OVERRULING PROTESTS, ORDER- ING THE WORK AND LEVYING THE PROPOSED ASSESSMENTS FOR SERVICE PIECES- SARY TO 1~.AINTAIN AND ILLUMINATE ALL STREET LIGHTS IN THE CITY OF LYNWOOD" was read. It was moved by Councilman Williams, seconded by Councilman Stroh, that said resolution be adopted. Roll Call: Ayes: Council~:en Bruner, Stroh, Willard, and tr7illiams. Noes: None. Absent: Councilman Jensen. The Mayor inquired if there were additional oral communi- cations on other matters. Whereupon, Mr. Strohmeyer of 4274 Walnut Avenue addressed the Council in regard to damages his house allegedly sustained during se ~; ~> ~~ the construction of the foundations for the water storage tank near his home, stating that he has been turned down by the contractors and their insurance company on his damage estimate. There was discussion wherein Councilman Williams stated his personal knowledge of this house and that to the beat of his inf orma- tion, it was in sound condition prior to the installation._ The City Attorney stated that the contractor is an individual agent and that the Gity is basically not responsible for any damage. There was additional discussion wherein it was moved by Councilman t~7illiams and seconded by Councilman Bruner, that the City Attorney be instructed to investigate and proceed towards settlement of the claim with the contractor and.inaurance company. All members present voting aye, the Mayor declared the motion duly carried. sirs. Roy, 1071 Atlantic Avenue, addressed the Council re- aluesting that the territory in which she lives be served by Lynwood water ~.s the South Gate rates are approximately double the Lynwood rates.' There was discussion wherein Engineer Bateman explained the problem presented and that pipe becoming more plentiful, it would be possible in the comparatively near fut~:ire to arrange to pick up those services served by outside water services. The Clerk presented a petition of several property owners in the southwest section of town ob,~ecting to the garbage and trash pick up service. The Clerk stated there had been diff ieultiea in the district mentioned during the confusion of schedule change and that at. the present, indications are that servioe is performed in a satis- factory manner. It was moved by Councilman Bruner and seconded by Councilman Williams, that said. petition be filed. A11 members present voting aye, the Mayor declared the motion duly carried. A report from the City Attorney regarding the suit of Yoerns vs the City was read, stating that the City was removed from the above entitled case, pending an appeal or review. It was moved by Councilman Williams and seconded by Councilman Bruner, that the Attorney be commended and the report filed. All members present voting aye, the Mayor declared the motion duly parried. A communication from the Oil Well Cementing Company request- ing consideration of a lease agreement for the property they are presently renting on a month to month basis, has presented. There was discussion wherein. it was moved by Councilman Williams and seconded by Councilman Bruner, that the matter be referred to the Attorney for in- vestigation and report and the Clerk instructed to obtain a rent.ap- praisal of said property. All members present voting aye, the Mayor declared the motion duly carried. At this point there was the ceremony of presentation. of cer- tificates of merit to Officer Ralph Dever and Lt. Wayne Fuller and the Police Department as a whole for their meritorious duty in the Raisin Market robbery atte mpt. Mayor Willard presented the certificates with commendatory remarks. ~~ A communication from Harvey and Marie Anderson, 3680 Cedar Avenue was read wherein they requested the reconsideration of their variance as approved by the Planning Oommission of the City of Lynwood. Whereupon, Councilman Williams explained the background of the case and additional information obtained that the Assistant Building Inspector had given Mrs. Anderson erroneous information as to the possible improvements that Bould be made to the property. Mr. Williams stated that in his opinion, the news story published in the Herald American regarding the case and its ramifications was not factual, There was further discussion by the Council wherein it was pointed out that Councilman Jensen's objection as a neighbor entered greatly in their a3nsideration and th~.t since the many points in ques- tion have been clarified, they could see no ob,~eetion.. The City Attor- ney, upon request, explained the application of the variance power and his opinion of the expediency of this case. Mrs. Anderson filed a petition of the neighbors expressing their approval of the proposed change. Whereupon, it was moved by Councilman Williams and seconded by Councilman Stroh, that based on the Attorney's opinion, the case --~^'Iriared. All members present voting aye, the Mayor declared It was further necessity for him to Council moved b - `_, +~p firmed man Stroh, that Pls,nnin Y o~ncilman &~i11i~s - "'^r.i~n All. members present Bacon Resolution'No~°O8ded b duly carried, t Y - ls~conae~. u, __ aYe, the Mayor declared the c°n- motion 6?6) _ __. pro tem. All members present voting aye, the Mayor declared the motion duly carried. A communication Prom Judge Ralph C. Dills in appreciation of the reception held in his honor was read. It was moved by Co~_zn- cilman Stroh, seconded by Councilman Williams, that said communication be Piled.. All members present voting aye, the Mayor declared the motion duly. carried. A communication from the Atlantic Avenue Body and Fender Works in regard to wreck towing procedure was read. It was moved by Councilman Stroh, seconded by Councilman Williams, that the communi- cation be referred to the Chief of Police for investigation and re- port on.the problem as a whole. All members present voting aye, the Mayor declared the motion duly carried. ORDINANCE N0. 501 entitled "ORDINANCE GRAP?TING TO SOUTHERN CALIFORNIA EDISON COP~PANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT AND USE, FOR TRANSMITTIPIG AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING C02~lUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN. THE CITY OF LYNWOOD" was read for the second time. It was moved by Councilman Williams and seconded by Councilman Stroh, that said ordinance be adopted as read for the second time, finally pass and be published as required by law, Roll Call: Ayes: Councilmen Bruner, Stroh, Willard and Williams. Noes: None. Absent: Councilman Jensen. The Clerk presented franchise bond of the Southern Calif- ornia Edison Company as required by Ordinance No. 501. ~~Thereupon, RESOLUTION N0. 2222 entit~.ed "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING A FRANCHISE BOND FILED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION" was read. It was moved by Councilman Williams, seconded by Councilman Stroh, that said resolution be adopted. Roll Call: Ayes: Councilmen Bruner, Stroh, and Williams. Noes: None. Absent: Councilmen Jensen and Willard. Ordinance No. 502 entitled "AN ORDINANCE AMENDING ORDINANCE N0. 4.22 FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN PROPERTIES AND THE ADOPTION OF AN AMENbED SECTION OF THE ZONING MAP WHICH IS A PART OF SAID ORDINANCE N0. 4.22" was read for the second time. It was moved by Councilman Williams and seconded by Councilman Stroh, that said ordinance be adopted as read for the second time, finally pass and be published as required by law. (Skolich) Roll Call: Ayes: Councilmen Bruner, Stroh, and. Williams. Noes: None. Absent: Councilmen Jensen and Willard. The Attorney presented a court summons, Dyer va Herbold and the City of Lynwood, and requested the authority to function on the City~s behalf, if necessary. It was so moved by Councilman Stroh, seconded by Councilman Williams, A 11 members present voting aye, the Mayor declared the motion duly carried. The agreement with Dr. Cecil Dunn to represent the City before the Public Utilities Commission regarding Pacific Electric Railway passenger service abandonment was presented.. It was moved by Councilman Williams, seconded by Councilman Stroh,. that the agreement be approved and the I~.ayor and City Clerk be authorized to execute same.. All members present voting aye, the Mayor declared the motion duly carried. The City Attorney presented an indemnity agreement for the City of Lynwood, Chief of Police, and all agents in regard to the Raisin Market Robbery. I.t was moved by Councilman Williams, seconded by Councilman Stroh, t~iat said indemnity agreement of the Zurich General Accident and Liability Company be approved. All members present voting aye, the Mayor declared the motion duly carried. Ambulance agreement with the County of Los Angeles as requested was presented for study. It was moved by Councilman Stroh, seconded by Councilman Williams, that action be deferred for the Council to study and the Police G~iief to make a complete report thereon. All members present voting aye, the Mayor declared the *~+, ..._.. _......__... ...... . __ __- ~~~ motion duly carried. The Glerk reported that Gertrude Stefa nowich, No. 1 on the Court Clerk eligible list, had been recommended by Judge Hemenway Por appointment effective July 1, 199, at a salary of ~1~5.00 plus the cost of living index. It was so moved by Councilman Williams, seconded by Councilman Stroh. All members present voting aye, the Mayor de- clared the motion duly carried. Councilman Williams brought up the matter oP Recreation Com- mission appointments necessary owing to expiration of terms of office for commissioners l~Roline and Saling, stating he had been unable to co n- tact Commissioner Saling in regard to his availability for service again and that less. Moline in her conversation had indicated. that Mrs. Catherine McCone would make a good commissioner. Whereupon, Councilman Williams placed Mrs. Catherine McCone's nacre in nomination for Recreation Commissioner. Mayor pro tem Bruner said his investigation resulted in his wishing to place in nomination l+lr. Arthur R. Mueller, 3666 Cedar. After additional discussion as to. commission work and activity, it was moved by councilman Williams, seconded by Councilman Stroh, that the aforementioned persons be appointed to full terms on the Recreation Commission of the Gity of Lynwood. All members present voting aye, the Mayor declared the motion duly carried. It was regularly moved by councilman Stroh, seconded by Councilman Williams, that the demands presented at the meeting of July 5, 199, having been regularly audited, are hereby allowed and approved and warrants ordered drawn on the City Treasurer therefor in accordance with and to the payees named and the funds indicated in the several de- mands hereby approved. Roll Call: Ayes: Councilmen Bruner, Stroh, and Williams. Noes: Alone. Absent: Councilmen Jensen and Willard. . GENERAL FUND Demand Register Numbers 35fl5-3573 inclusive to the respective funds: General Fund ~31,964.5fl Water Fund 3,56.31 Traffic Safety Fund 3,592.85 Lighting Fund 3.97 Capital Outlay Fund 368.55 Special Gas Tax Fund 9,609.75 Retirement Fund 2,787.3.6 X51,873.29 It was moved by Councilman Williams, seconded by Councilman Stroh, that the meeting be ad,~ourned. All members/voting aye, the Mayor declared the motion duly carried. present CI C R, OF LYNWOOD T