HomeMy Public PortalAboutM 1956-05-01 - CC
REGULAR MEETING MAY 1, 1956
The City Council of the City of Lynwood met in a regular
session in the City Hall, 11330 Bu11is Road, on .above date at 7;30
p.m.
Mayor Compton in the Chair.
Councilmen Compton, Finch,. McMeekin, Pender, and Summers
answered the roll call.
It was moved by Councilwoman McMeekin, seconded by
Councilman Summers, that the minutes of the ad.,~ourned regular
meeting of April L~#,1956 be approved as written. All members
voting aye, the Mayor declared the motion duly carried.
It was moved by Councilman Summers, seconded by
Councilman Finch, that Mr. Royal M. Sorens-n be employed as
Special Counsel in the matter of the hearing scheduled for 8:00
p.m., at $100 for this hearing.
Roll Call:
Ayes: Councilmen Compton, Finch, McMeekin, Pender, and
Summers.
Noes; None.
Absent: None.
The Clerk presented a communication from the Wm. R.
Whittaker Co., Ltd., 3100 Imperial Highway, requesting additional
police protection for the public off-street parking lot located
on F'ernwood Avenue. The request was due to recent thefts of autos end
auto accessories which are becoming a morale problem for the
company. It was moved by Councilman Pander, seconded. by Council-
woman McMeekin, that said. matter be referred to the Chief of
Police for investigation. All members voting aye, the Mayor
declared the motion duly carried.
The Clerk presented a communication from Frank I. Hogan,
Attorney for the American Mission Army, informing the Council
that there is a request by said organization to solicit funds in
the City of Lynwood. The Clerk stated that the action on said.
request has already been taken and. that no action is necessary
on this communication.
The-Clerk presented a communication from the American
Legion Auxiliary, Unit No. 85, requesting permission to sell
poppies in the City of Lynwood. on May 25 and 26. It was moved
by Councilwoman McMeekin, seconded by Councilman Summers, that
said permission be granted. All members vc:ting aye, the Mayor
declared thz~ motion d~~:;~ carried..
The Clerk presEr~te:d. a communication from the American
War Mothers, Southeast Chapter No. 75, requesting the Council
to proclaim May 12 as "Carnation Day" for the American War Mothers,
and for permission to sell carnations on May 11 and 12 in con-
~unction with their annual program. It was moved by Councilwoman
McMeekin, seconded by Councilman Pender, that permission be
granted and. that May l2 be proclaimed as "Carnation Day." All
members vot~i.ng aye, t7:~a Mayor declared ~-h~ motian duly carried.
The Clork presented a communication frcm the City of
Hope requesting permission to solicit fur~d.s i_ri the Cit~r of Lynwood
on June 3, their annual "Hope Sunday," to raise funds for expansion
of medical and research facilities. It was moved. by Councilman
Pender, seconded by Councilwoman McMeekin, that said. request be
granted. All members voting aye, the Mayor declared the motion
duly carried.
-The Clerk presented. a communication from Gorernor Knight
asking the City to participate in tl:e State+s "Slow Down and Live"
traffic safety prgram tc~ b.r c<:ndL~cted f"rom May 30 to Labor Day.
It was moved by Councilman`Summers, seconded. by Councilwoman
McMeekin, that the Council support the Staters "Slow Down and Livep
program. All members voting aye, the Mayor declared. the motion
duly carried.
The Clerk presented his bond. to the Mayor for acceptance
for his term of office. It was mcvFd. by Councilwoman McMeekin,
seconded by Councilman Stunmers, that said bond be accepted. All
members vot-lne~ a4zT~e, rho Ma vox declared the motion duly carried.
The Clerk presented. a communication from the Long
Beach .Boulevard. Merchants Association requesting the Council
to proclaim the period June 1 -- 9 as "Second Annual Lynwood
Pioneer Days.." It was moved. by Councilwoman McMeekin, seconded
by Councilman Summers, that the City proclaim said period as
theSecond Annual Lynwood Pioneer Days." All members voting
aye, the Mayor d.eelared the motion duly carried.
The Clerk stated that it would. be in order to name
a Director and an .alternate to the Los Angeles County Division
of the League of California Cities Board of Directors. It was
moved by Councilman Pender, seconded by Courciltivoman McMeekin,
that Councilman Finch be named Director and Councilman Summers
alternate.
Roll Call:
.Ayes: Councilmen Compton, Finch, McMeekin, Pender,
and Summers.
Noes: None.
Absent: None.
The Clerk stated. that it is necessary that a Director
and alternate director be appointed to the Board. of Directors of
Los Angeles County.. Sanitation District No, 1, and that 3_t would
be in order to.adopt a resolution appointing the Mayor as Director
and another member as alternate.
Thereupon, RESOLUTION N0. 26~-{-e~ enti_t: ed. "RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING A MEMBER .AND
AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF GOUNTY SANITATION
DISTRICT N0. 1 OF LOS ANGELES COUNTY SANITATION DISTRICT N0. 1
OF LOS ANGELES COUNTY" was presented, naming Mayor Compton as
Director and Councilwoman McMeekin as Alternate Director.. It was
moved by Councilman Summers, seconded by Councilman Finch, that
said Resolution be adopted..
Roll Call:
.Ayes: Councilmen Compton,. Finch,.McMeekin, Pender, and
Summers.
Noes: None.
Absent: None.
The .Manager stated that Commissioner Brocl~nan~s term
on the Personnel Board. has expired and it would be in order at
this time to make an appointment fn order to comply with the
Personnel Ordinance requiring the Board to reorganize by the
fifteenth of May, It was moved by Councilman Finch,. seconded
by Councilman Pender, that Mr. Brockman be reappointed to a
full term of four years as member of the Personnel Board.
Roll Call:
Ayes: Councilmen Compton, Finch, McMeekin, Pender, and
Summers.
Noes: None.
Absent: None.
RESOLUTION N0. 26+7 entitled."A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT_OF THE CITY
ENGINEER AND AUTHORIZING THE 'LEVYING OF THE ASSESSMENT COVERING
STREET LIGHTING EXPENSES FOR THE 1956-57 FISCAL YEAR" was presented.
It was moved by Councilwoman .McMeekin, seconded by Councilman
Pender, that said resolution be adopted.
Roll Call:
.Ayes: Councilrr~en Compton, Finch, McMeekin, Pender, and.
Summers.
Noes: None.
Absent: None.
The Manager presented a petition requesting the Council
to institute proceedings for the widening of Birch Street between
Fernwood and. the City Park. The Manager stated that this petition
represented 59.2°0 of property subject to assessment, and recom-
mended that necessary proceedings be instituted. by the City Council.
Whereupon, RESOLUTION N0. 26'+8 entitled "IN THE MATTER
OF THE IMPROVEMENT OF BIRCH STREET. RESOLUTION DIRECTING PREPARA-
TION OF DEBT LIMITATION REPORT" Was presented.. It was moved by
Councilman .Finch, seconded by Councilman Summers, that said
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Resolution be .adopted..
Roll Call:
.Ayes: .Councilmen Compton, Finch, McMeekin, Pender, and
Summers,
Noes: None.
Absent: None.
The Manager presented a memorandum of agreement for the
expenditure of gas tax allocation for mayor city streets, The
Manager stated that this memorandum of agreement between the
.Division of Highways and City of Lynwood covers the installation
of traffic signals at Atlantic Avenue .and Fernwood Avenue. He
recommended approval of the agreement and. adoption of the
necessary resolution.
RESOLUTION N0. 269 entitled "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWQOD ADOPTING BUDGET AND APPROVE MEMO-
RANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR
MAJOR CITY STREETSn was presented. It was moved by Councilwoman
McMeekin, seconded by Councilman Summers, that said Resolution
be adopted.
Roll Call:
Ayes: Councilmen Compton, Finch, McMeekin, Pender,
and Summers.
Noes: None.
Absent: None.
The Manager presented. the following personnel
recommendations: .That Walter Greenslitt be advanced to $377
per month, effective April 16, as Utility Maintenance .Man in
the 4~ater Department;
That Ed Cartwright be advanced to $377 per month
effective April 26, 1956, as Utility Maintenance Man in the Park
Department.
It was moved. by Councilman Finch, seconded by Council-
woman McMeekin, that the Council concur in the Manageris recommenda-
tions. All members voting aye, the Msyor declared the motion
duly carried.
It was regularly moved by Councilwoman McMeekin,
seconded by Councilman Pender, that the demands presented at
the meeting of May 1, 1956, 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 demands hereby
approved,
GENERAL ACCOUNTS
Demand. register numbers
to the respective funds:
General Fund.
Water Fund.
Traffic Safety Fund.
Lighting Fund.
Capital Outlay Fund.
Public Park Fund.
B2815 to B2882 inclusive
$28,841.88
23,904.95
3,811.30
260.22
1,o78.4g
697.94
Total.
$58,614.88
Roll Call:
Ayes: Councilmen Compton, Finch, McMeekin, Pender,
and Summers..
Noes: None.
Absent: None.
The hour of 8:00 p.m. having arrived, said hour being
the time fixed for hearing in the matter to determine if the .letter
filed by Captain R. Y. O~Shaughnesssy d.id or did not constitute
a resignation, the Mayor asked City Attorney Hemenway and Special
Counsel Sorensen to present their legal opinion on the matter.
Mr_ Hemenway stated that at the last Council meeting
it was decided to take testimony upon the question as to whether
or not Captain O~Shaughnessy had the intent to .resign. Since
this meeting, Mr. Sorensen and Mr. Hemenway have examined the
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stenographic notes of statements, both by Captain 0-Shaughnessy
and Mr. Bateman at ti~.is meeting, and have come to the conclusion
that the taking of further testimony will be unnecessary. He
also stated they are now prepared. to give the Council their
opinion based upon Captain 0-Shaughnessy-s letter and. the
statements of Captain 0-Shaughnessy and. Mr. Bateman. Mr. Hemenway
asked Mr. Sorensen to present the opinion.
Mr, Sorensen stated that in his opinion the question
of resignation by an employee is not a matter over which the
City Council has jurisdiction, but one that is an administrative """'"`~
matter and must be determined by the supervising officer, and
in this case there was no need for the Council to make a decision
in the matter of Mr. 0-Shaughnessy-s purported resignation. He
stated that Mr. O-Shaughnessy-s letter is somewhat ambiguous and.
could be interpreted. either as a resignation or simply as a
declaration of his intention to apply for retirement, and that
the Council has no jurisdiction over the question of retirement
as that is a matter to be determined. under the state. law by the
State Retirement Board.. He further stated. that as to whether
the letter constitutes a resignation, because of its ambiguity,
must be determined. by the intent of Mr. 0-Shaughnessy. At
the meeting of April 24, 1956, Mr. 0-Shaughnessy stated that
he had not intended. it as a letter of resignation. He stated.
it was his opinion that in view of this statement and. the letter
itself, the. letter could not be treated as a resignation. Mr.
Sorensen stated. it was his conclusion that as soon as Mr. 0-Shaughnessy
is certified. as able to return to work, and in fact is able to
return to work and perform the duties ordinarily commensurate with
his employment, he is entitled. to d.o so.
Mr. Hemenway stated that he concurred in the opinion
as stated by Mr. Sorensen.
It was moved. by Councilwoman McMeekin, seconded. by
Councilman Pender, that the Attorneys- opinion be .accepted and
that the hearing be concluded. All members voting aye., the Mayor
declared the motion duly carried. --*.
The Mayor inquired. if there were any oral communications.
Mr. C. H. Hamilton, 3199 Carlin, addressed. the Council -
inquiring if any progress had been made in solving the water
problem in Belle Vernon Water District No. 5.
The City Manager explained. the situation to the Council
and. Mr. Hamilton, stating that in order for the City of Lynwood.
to take over the portion of the water system within the City of
Lynwood, the water district must be dissolved, and. this cannot
be done until the unincorporated. territory within the water district
either becomes a part of the City of Lynwood or the City of Compton.
He further stated that he has d.iseussed the matter with the County
Engineer-s office, who is requesting a legal opinion from the
County Counsel to see if there is any legal solution which would.
permit the dissolution of the district with a portion of the
water district still remaining in unincorporated. territory. He
also stated. that he has not yet received an answer from the
County Counsel and. is still attempting to find. some solution to
what he realizes is a very serious problem.
Mr. L. C. Svensen, 3163 Carlin, Mrs. W. C. Dahlke,
3126 Carlin, R. B. Milliron, 3141 Carlin, Mrs. E. R. Williams,
120-0 Santa Fe Avenue, and. Mr. Albert Englert, 11955 Peach Street,
all addressed. the Council in regard to the water service.
Mr. R. A. 0-Shaughnessy, 3656 Virginia Avenue, addressed
the Council and. expressed. his thanks for the just manner in
which the hearing regarding his father was conducted..
It was moved by Councilwoman McMeekin, seconded. by
Councilman SummErs, that the meeting b~ djourn~3.. ~1~,~nembers
voting aye, the Mayor declared. the m~t'o~.Aduly c ri ~. ~i '
APPRO Y l~ 956 ~% ~':~'"'
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