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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 ~, l~ 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 ~, ~. 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 ~% ~':~'"' o~ 0 0 T TY OD k