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1934 JUN 06 CC MIN244\1\ n c� E1 Segundo, California. June 6th, 1934. A regular meeting of the City Council of the City of El Segundo, California, was called to order at 7:00 o'clock P. Mio on the above date, in-the Council Chamber of the City Hall of said City, by Peter E. Binder, Mayor. ' ROLL CALL. Councilmen Present: Gerow, Hesser; Selby and Mayor Binder, Councilmen Absent: Love: READING OF M M"ES OF-PREVIOIIS STINGS. The minutes of the adjourned regular meeting held on the 29th day of Mays, 1934, were read. No errors or omissions appearing, it was moved by ' Councilman Selby, seconded by Councilman Hesser, that the minutes be approved as -read. Carried. The minutes of the adjourned regular meeting held on the 4th day of June, 1934, were read, without error or omission appearing, and were approved as read upon motion of Councilman Gerow, -seconded by Councilman Hesser, which carried. WRITTEN CO.IWNICATIONS. The following communications were read and disposed of as indicated: HARRY E. BONNETS. AND ASSOCIATES, dated May 26th, 1934, -soliciting an opportunity to bid upon the annual audit of the books and'records of the City of E1 Segundo for the fiscal year ending June 30th, 1934. Ordered filed. - J. L. POLMOY, County Health Officer, dated I ay 31st, 1934, being a report of the work performed within the City of El Segundo during the month of April, 1934, by said Department as Health Officer within said City. Ordered filed. ' SHELL OIL CODWANY, dated June 6th, 1934, submitting an itemization of-its expenditures in connection with the removal, reconstruction and re -' location of a portion of its pipe line along Sepulveda Boulevard, necessitated by-the realignment, widening and improvement of said Sepulveda Boulevard, (Arizona Drive) and making demand upon the City of El Segundo for payment to said Company of the sum of $5500.00, pursuant to the provisions of a certain agreement entered into between the City of E1 Segundo and said Company, dated November 15th, 1934. Moved by Councilman Selby, seconded by Councilman Gerow, that the following resolution be adopted: NMREAS, the City of El Segundo, California, has, hereto- fore, under an agreement dated November 15th, 1933, with Shell Oil Company, agreed to pay to said Shell Oil Company the cost of the removal and relocation of certain pipe lines owned by said Company, and which such removal and relocation were made necessary on account of the widening and improvement of Arizona Drive (Sepulveda Boulevard) within said City, not exceeding, however, the sum of $5500.00; AND 10MMAS, said Shell Oil Company, pursuant to the provisions of said agreement, has caused said pipe lines to be removed and relocated, and has filed with the City Council of said City its itemized statement of the costs and expenses incurred by it in the performance of such work in the total AA -25 sum of $6305.90, which is greatly in excess of the maxitmim agreed in said-contract to be paid by said City for said work; AND WMREAS, it appears to the City Council that the said statement of said Shell Oil Company is fair and that the total sum therein set forth represents the cost to said Shell Oil Company of said work; AND WHEREAS, under the circumstances it appears that said City should pay to said Shell Oil Company, under the terms of said contract the said maximum sum agreed to be paid by said City therein, to -wit: the sum of $5500.00; AND WEERE.AS, it appears that said Shell Oil Company is entitled to immediately receive the said compensation, as said work has all been completed to the satisfaction of said City and its officials and that, therefore, said City should advance the said sum out of the General Fund of said City as an advancement to be refunded to said City when monies for the purpose contemplated in said contract are received from the State of California; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of E1 Segundo, California: l.- That in consideration of the foregoing premises and of the completion of the work referred to in said contract between said City of El Segundo and said Shell Oil Company, dated the 15th day of November, 1933, and which said contract is now on file in the office of the City Clerk of said City, open to public inspection and hereby referred to and by this reference incorporated herein and made a part hereof, that a warrant on the General Fund of the City of El Segundo, payable to said Shell Oil Company, for the sum of $5500.00, be and the same is hereby ordered drawn and paid and that the Mayor, City Clerk and City Treasurer of said City are hereby authorized and instructed to cause said warrant to be prepared and executed and that the City Attorney of said City be and he is hereby authorized and instructed to cause said warrant to be delivered to said Shell 011 Company upon receipt of proper receipt therefor and upon the disclaimer of said Shell Oil Company of.any damages which it might otherwise be entitled to for, on account or by reason of any matter, property or circumstances involved in that certain action in the Superior Court of the State of California, in and for the County of Los Angeles, entitled: "City of E1 Segundo vs. Silas T. Brock, at al, being Case No. 357580 in said Court. 2.- That this payment out of said General Fund shall be and shall be construed to be only an advancement from said General Fund and same shall be reimbursed to said General Fund out of monies to be paid said City for the purposes hereinabove referred to, immediately upon receipt of such funds from the State of California." The foregoing resolution was adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Mayor Binder. Noes: Councilmen None. Absent: Councilman Love. SERVICE MA.IMIAIS COMPANY; LTD. and others, dated.May 3rd, 1934, requesting -the adoption of a resolution by this'Council, recommending to the Board of Supervisors that during this period of employment emergency in the building industry, the use of ytransit -mixed concrete" should not be permitted on public works coming under the jurisdiction of said Board of Supervisors. Ordered filed. ARROYO VERDUGO ASSOCIATION OF GIMM. ALE, dated ! +Iay 16th, 19340 requesting the adoption of a resolution urging the President of the United States and the Senators from the State of California to use their influence in causing an appropriation of seventy -seven million dollars to be made for the 26 -1k- c ov purpose of constructing certain flood control check dams, desilting basins and cemented water courses in Los Angeles County. Ordered filed. ORAL COMMUNICATIONS. Mr. Charles E. Kenney, representing E1 Segundo Chamber of Commerce, urged the erection by the City of E1 Segundo at Sepulveda Boulevard and Imperial Highway of an advertising sign, similar to that existent at Imperial Highway and Inglewood - Redondo Road. It appearing that several of the Councilmen are opposed to the erection of large signs along public highways, no action was taken at this time. Mr. Frank Snow also addressed the Council with reference to the subject next above referred to, stating that a number of the business men had discussed the matter with him and that they favor the erection of some type of sign at the point named, to aid in the diversion of traffic through E1 Segundo. Wr. E. Coddington, representing two E1 Segundo Playground Baseball teams, which are members of an intercity League, requested permission to use the facilities of the City of E1 Segundo at L1 Segundo Aigh School Athletic Field, Friday nights of each week. Moved by councilman Hesser, seconded by Councilman Gerow that until the further order of this Council, E. Coddington be permitted to use the facilities of the city of Ll Segundo at E1 Segundo High :school Athletic Field, without charge, on Friday nights of each week, for the purpose of conducting competitive playground baseball games, between E1 Segundo Gity teams and competing teams from other cities. carried by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Mayor Binder, Noes: Councilmen !None. Absent: Councilman Love. Mr. W. E. Morgan addressed the Council relative to his employment by the City of El Segundo and was directed to confer with the Street Superin- tendent Thursday morning, June 7th, 1934. None. REPORTS OF STANDING COMMITrIMS. 3EPORTS OF OFFICIM.S AND SPECIAL, COMITTEES. The City Clerk reported that tars. 0. Be Hansen had requested permission to use the City hall Auditorium on several successive Sunday mornings, for the purpose of organizing and conducting religious services. Woved by Councilman Selby, seconded by Councilman Hesser, that lZirs. 0. Be Hansen and other citizens of the City of E1 Segundo be and they are hereby granted permission to use the city Hall Auditorium eight successive Sunday mornings, beginning June 10th, 1934, without charge, for the purpose of organizing and conducting religious services, the permission herein granted being subject to the prior paramount public use of said building and subject also to revocation at any time in the discretion of this Council. Carried by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Liayor Binder. Noes: Councilmen None. Absent: Councilman Love. The Fire Chief reported that due to the illness of H. McMillan, it was necessary to employ a-relief fire engine driver to work during the twmZz period of 111mess of said H. McMillan. It was thereupon moved by Councilman Gerow, seconded by Councilman Selby, that the employment of a. A. Callahan as relief fire engine driver for the duration of the illness of h. McMillan, one of the regular fire engine drivers, be and the same is hereby approved and ratified and that said employee be compensated in full for said services at the same rate of pay at which the employee he relieves is compensated. Carried by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Layor Binder. Noes: Councilmen None. Absent: Councilman Love. K -27 The City Clerk reported that Mr. Lyle Balmer had expressed his desire to sponsor a dance to be given in the City Hall Auditorium, June 9th, 1934, by "The Hot Spots of Rythm ", whereupon it was moved by Councilman Hesser, seconded by Councilman Gerow, that Lyle Balmer be and he is hereby granted permission to use the City Hall Auditorium on the evening of June 9th, 1934, for the purpose of conducting a public dance, provided that the rental price of $2.50 for use of said Auditorium first be paid to the City Clerk, and provided further that said Lyle Balmer supervise the conducting of said dance. Carried by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Mayor Binder. Noes: Councilmen None. Absent: Councilman Love. 01k 14 a, 0 C it - 4 WI-N �1 The matter of employing Messrs. David and Mitchell as Associate Counsel in the matter of attempting to obtain court decisions with respect to indefinite provisions of the 1915 Improvement Bond Act, all as set forth in that certain letter of the 1915 Improvement Bond Act Committee, dated May 28th, 1934, and on file in the office of the City Clerk of the City of El Segundo, which matter was taken under advisement at the last meeting of this Council until this particular order of business at this meeting, was discussed at some length, at the conclusion of which it was moved by Councilman Gerow, seconded by Councilman Hesser, that the following resolution be adopted: "FESOLVED, that the City Clerk be and he is hereby authorized and instructed to reply to the letter dated May 28th, 1934, from the Committee interested in the "Lakeport "Decision matter, that the City of E1 Segundo is interested in making a contribution to the fund referred to in said communication for the further advance of the said "Lakeport Case "., but that the City Council feels that the arbitrary assessment of a fee of $100.00 for each City, regardless of the number of districts involved, or the comparative interests of the respective cities in the outcome of said litigation should receive further con- sideration from the Committee and that a fairer method of apportionment of the costs of such litigation as between the respective cities interested should be devised; and that said Clerk should also request that said Committee further advise the City with reference to what said Committee feels would be a fair proportion for said City of E1 Segundo to advance in view of the foregoing comments." The foregoing resolution was adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Mayor Binder. Noes: Councilmen None. Absent: Councilman Love. NEVti BUSINESS. Moved by Councilman Gerow, seconded by Councilman Hesser, that the following resolution be adopted: "WHEREAS, Shell Oil Company has presented to this Council an itemized statement of all of its costs and expenses in connection with the removal and relocating of its pipe lines adjacent to Arizona Drive (Sepulveda Blvd.) within the City of E1 Segundo, necessitated by the opening, widening and improvement of said thoroughfare, which said statement has been approved as to correctness of amount by the City Engineer of the City of El Segundo; AND WHEECUS, said itemized statement shows a total ex- penditure of $6305.90; AND t'iBM AS, the agreement entered into as of November 15th, 1933, by and between Shell Oil Company and the City of E1 Segundo 3M relative to such removal and relocating of said pipe lines, fixes the consideration therefor at not to exceed $5500.00; AND TIBEREAS, this Council has advanced the said sum of $5500.00 to said Shell Oil Company in discharge of its contractual obligation, which said sum is now due the City of E1 Segundo from the Division of Highways of the State of California, pursuant to agreements heretofore had between said Division of Highways and the 8ity of El Segundo relative to financial cooperation respecting the opening, widening and improvement of said Arizona Drive; NOW THEREFORE, HE IT RESOLVED, that the City Clerk of the City of E1 Segundo be and he is hereby authorized and instructed to make demand upon the Department of Public Yorks, Division of Highways of the State of California, for the payment to the City of E1 Segundo of the sum of 45500.00, which said sum, when received, shall be paid into the General Fund of the City of IS1 Segundo to reimburse said Fund for the expendi- ture of like amount hereinbefore mentioned." The foregoing resolution was adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Selby and Mayor Binder. Noes: Councilmen None. Absent: Councilmen Love. No further business appearing to be transacted at this meeting, it was moved by Councilman Selby, seconded by Councilman Hesser, that the meeting adjourn. Carried. Respectfully submitted, Approved: / City ler . Mayor.