1940 MAY 29 CC MINI • N�-�e
El Segundo, California.
1i[ap :29ih,
1940..:,
'A regular'meeting of -the City Council of =they -City 'of '!Z1 Segundo,
California,' was' herd -in the Council Chamber -of - theXity - Hall- of::said .City,
on the above date, having been called to-order at 7:00 P. M •by Peter E:
-Binder, Mayor. _.
ROLL CALL.
Councilmen Present: Gerow, Hesse r, Love, Selby and Mayor Binder.
Councilmen Absent: None.
Other Officers Present! .
Clyde Woodworth - City Attorney.
R. T. Hutchins - City Engineer.
Victor D. "XeCarthy - City Clerk.
- .READING OF MINUTES QF.PREVIOUS MEETING.
- The minutes of the regular meeting held on the 22nd day of May,
1940, were read.- No errors or omissions appearing, it was moved by
-Councilman Selby, seconded by Councilman Love, the minutes be approved
as read. Carried. --
WRITTEN COMMUNICATIONS.
The following communications, which were read to the Council, were
,disposed of in -the manner indicated following the reference :to each
hereinafter:
REVEREND RUTH K. TONES, Pastor, E1 Segundo Foursquare Gospel
Church, dated May- 29th -, -1940, requesting a permit:to use a mobile loud
speaker on the streets of the City of E1 Segundo, Saturday',-June-let.'
1940, from 3:30 P. M. to 5:00 P. M.; also on June 2nd, 1940, for the
duration of a parade which will begin -at 2:00 P. M.
Moved by Councilman Gerow, seconded -by Cotncilman Love, that Rev.
Ruth K. Tones, Pastor of E1 Segundo:Foursquare_ Gospel -'Church, be and she
is hereby granted permission to use a•mobile loud speaker -`:on the streets
of the City of $1 Segundo, June lat. 1940,'between the hours of 3:30 P. M.
and 5:00 P.4. and on- Tune - 2nd -, 1940, beginning .at- 2i0Q:P.'V. and continuing
for the duration.ot a parade -3n connadtion`'irith . a grourid:'breaking ceremony
at said Church.' -'= _ dazzled.
FAULKNER, OAKES & FAULM1ER,:dated May 24th, 19409 stating that it
would appreciate-, tli6'
ppreciate ,tlie" opportunity 'vf discussing the matter of auditingthe
City's accounts whenever the Council decides to change auditors. Ordered
filed.
J. W: STEVZNS,- Chief', Bureau of Fire Prevention of the National-
Board of Fire Underwriters, dated May 27th, 1940, recommending that the
Chief of El Segundo Fire Department and as .many of his subordinate officers
as may possibly do so, attend the course in FirB Prevention Engineering,
which will be offered by the University of Southern California while its
12th Annual Institute of Government is in session, June 10th.to 14th,
.Intl. 1940. Ordered filed.
C. L. BROADWATER, Secretary, El Segundo High School,* dated 116y
28th, 1940, transmitting in triplicate an agreement between E1 Segundo
Unified School District and the City of El Segundo, with reference to use
of the High School baseball - grounds for the period of one year beginning
May 13th, 1940.
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• The agreement having been approved as'to Form by the City Attorney
-and being satisfaetorf'in other respects to the City- Council, it was -moved
by Councilman Heiser; seconded by Councilman Love that the Mayor of the
"City-'of El � Segnitao' be and he' is hereby authorized and directed to execute,
' on- bi�hal:r "bf- the- City`of'11 Segundo,- that certain form of 'agreement
between l 5egua8o'.17niPied Sehooi'District and the City Council of the
City oP�EI'Segundo` with reference'to the use of`El'Segundo High School
• baseball grounds--by the City=-of El- Segnndo,"and the City'Clerk is hereby
authorized to attest the same and to cause two copies thereof to be
forwarded to the Secretary of E1 Segundo Unified School District. Carried
by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
C.--E. KENNEY,"dated May-29th, 1940, protesting the partial wideiiing
of Grand Avenue- from•Coneord Street to-the Westerly City"Limits and
recommending that it be widened to 100 feet through "the center of town
ao Sepulveda Boulevard. Ordered filed.
ORAL COMMUNICATIONS.'.. -
Mr. Lee Patterson addressed the Council- onbehaif of El Segundo
Foursquare Gospel Church, requesting permission to borrow or rent A'
flat body truck from the City of E1 Segundo for use in a parade to be
conducted by said Church oa Sunday, June 2nd. After consideration -of
the matter, it appearing-that the use of such equipment 'would not be:a
public use and that therefore -the City's insurance might be ineffectual
in event of accident or injury during the parade, the Council was compelled
to deny the request. '
REPORTS OF STANDING "'COMMITTEES.
Councilman Hesser of the Public Works Committee, reported that
request had been made of him for the installation of "Hospital Zone"
signs on-Palm- Avenue- easterly and westerly of Virginia Street, -in the
vicinity of a Rest Home being operated in that locality. Following
discussion, by general consent," -the matter was referred to the`Chfei of
Police for such action as-his discretion-dictates•
REPORTS OF OFFICERS AND SPECIAL COMMITTEES.
Special City Attorney Bernard Lawler caused to be presented for the
Council's consideration a-form of resolution whleh,'if adopted, would
enable-him to proceed in the matter of acquis "ition for =the City of ET
Segundo of certain tax deeded- properties within said City. The "form was
read,and explained by City Attorney Woodworth, following which it'waa
moved by' Councilman Selby, seconded by Councilman-Gerow, that Resolution
No.-4999 entitled:
A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA,
REQIIESTING THE COUNTY OF LOS ANGELES, CALIFORNIA,
TO- ENTER INTO AN AGREEMENT-`WITH THS-.CITY OF EL
SEGUNDO FOR THE SALE'OF -TAX DEEDS' ON CERTAIN
•PROPERTIES WITHIN SAID CITY,
which was read,-be adopted. "Carried`by the following vote:
Ayes: Councilmen-Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent:. Councilmen None.
National Youth Administration caused to be presented for the Council's
approval, a Project Application for the construction of a public library
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building at the Northeast corner of Richmond Street and Mariposa Avenue.
.,_After an examination of- .said- proposal. -and its accompanying documents,,_it
was moved'by Councilman Heaser,.seconded by Councilman.-Selby,,-that -the Mayor
of the City of El. Segundo.be`and-ho.is hereby authorised and directed to
sign, on behalf of the City.of.El Segundo, that- certain,Library,Building
Project Proposal; -of National -Youth Administration, - presented -to this Council
this date, and to cause the requisite .number.of - signed . copies -of said Project
Proposal to be delivered to National Youth Administration for its - approval.
Carried by the following vote:
Ayes: Councilmen Gerow, Hesser, Love,•Selby.and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
City Engineer Hutchins reported having conferred with.- Assistant Chief
Engineer Dention of Pacific Electric Railway Company, and of having submitted
drawings of,two_ proposals -for a crossing over the Pacific Electric Right of
Way at Eucalyptus•Drive. and Grand Avenue; that Mr..Denton promised-to submit
the plans to officers of the Company, who would take immediate actiou.thereon
and that after his Company has determined the cost of reconstructing its rail
and trolley lines, which reconstruction may become necessary by reason of
the City's crossing said Company's right of way in Grand Avenue, he frill advise
the amount of said estimate and which of the City's proposed crossings is
preferable to said Company. ,
R. T. Hutchins, Superintendent of the dater Department,. reported progress
in the matter of the installation of -a 6" water -,line in,Imperial Highway
easterly of Sepulveda Boulevard; that he had rented- ,a ,ditcfiing.machine and
that the ditch digging and the installation of.the line was completed this date,
and that he expected the.backfilling of the trench would be completed June
3rd, 1940. . . :. -
City Engineer Hutchins reported that the stripe painting machine has
been completed and that Assistant City Engineer Chilson and Municipal Mechanic
Grow will test the ,same June 1st. .
Chief of Police Hutchins reported having investigated.the condition
surrounding the salvage yard on California Street, between Grand Avenue and
Mariposa Avenue, operated by Whitt Hawk under a permit granted William R.
Groger, January 24th, 1940, and _.that it appears said yard is.no longer being
used but that debris remains upon the site.
Following discussion, it was moved by Councilman Selby, seconded by
Councilman Love,.that the permit granted William R. Groger, January 24th, 19409
to dump non - combustible rubbish on Lot 129,.BIock ;lg3,.E1 Segundo, for the
purpose -of .salvaging,therefrom materials which,may,have value, be and -the same
is hereby revoked,.effective this date., and;that-Whitt Hawk, who operated said
salvage yard.for said William R. Groger, be notified of the revocation of
this permit and -the City`Clerk is hereby.directed to cause -a communication to
be transmitted'to said Whitt Hawk, requesting him to:immediately clean said
premises. Carried.
The City Attorney reported having corrected Specifications SWG-1 -1940
of the City of E1 Segundo in accordance with data furnished him by the City
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Engineer and that the corrected specifications have been delivered to the City
Clerk for presentation to the Council at the proper time.
City Attorney Woodworth announce(i.receipt of.,a Summons and Complaint
in the mattes of Southern California Telephone Company,a Corporation, vs.
City of E1 Segundo, a Municipal Corporation,.and the,6ounty.of -Los Angeles,
a Body Corporate and Politic, ^Case No. 452415 in-the..Superior -Court of the
State of California in and for the County of Los Angeles,:to. recover taxes
paid under protest, said action being similar to those filed in former years.
The City Attorney explained that this action „is..taken by.,-said .Company
to avoid the running of the Statute of Limitations against the purported cause
P (629
of action, which the Company alleges it has in the matter of the payment of
taxes and to avoid any claim on the part of Defendants that the Company was
guilty of latches. The suits, he further stated, concern themselves with
the contention of the Telephone Company that the State Board of Equalization,
in making assessments on public utility property, now taxable, had acted
arbitrarily and had made a discriminatory assessment on its property as
compared to other properties. He stated further that the Company had, at
the time the Summons and copy of the Complaint were served, furnished a
stipulation extending the City's time to demur, answer or otherwise plead
until ten days after further written notice from the Company!s attorneys,
the same as they had in connection with suits filed in former years. He
added that these actions have been undertaken against practically every
City in the State of California where the Company does-business or from
which it received any appreciable revenue.
Following the report and statements by the City Attorney, it was
moved by Councilman Selby, seconded by Councilman Gerow, that the following
resolution be adopted:
.RESOLVED, THAT the City Attorney of the City of E1 Segundo,
be and he is hereby authorized and instructed to appear in
that certain action bearing No. 452415 in the Superior Court
of the State of California in and for the County of Los Angeles,
entitled: "Southern Californla.Telephone Company, a aorporation,
Plaintiff, vs. City of E1 Segundo, a Municipal Corporation,
and County of Los Angeles, a Body Corporate and Politic,
Defendants ", and to make defense- "of -said Action on behalf of
said defendant City, filing such documents, pleadings and
taking such-proceedings and.making such arguments as, in his
opinion, will best subserve the interests of said City and
protect its position in the matter;'"
AND, BE IT FURTHER RESOLVED, that said City Attorney
shall be entitled to receive and there shall be paid to him
an additional compensation for his services with reference
to the said action,,to be paid.upon presentation of proper
demand therefor, to be audited and approved in the usual manner.
The foregoing resolution was adopted by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
UNFINISHED BUSINESS.
Moved by Councilman Hesser, seconded by Councilman Selby, that the
action of this Council taken May 15th, 1940, approving Plans Nos. M- 390910A
and M 390190B, as the Plans for the widening and improving of a portion of
Grand Avenue within the City of El Segundo, which said action and approval
are recorded at Page P -617, Minutes of the Proceedings of this Council,
be and the same is hereby rescinded, and this Council does now approve
Plans Nos. M- 390910AA and M- 39021OBB, presented -to this Council this date
by the City Engineer of the City of E1,Segundo, as the plans for the
widening and improving of Grand Avenue, between Concord Street and the
Westerly City Limits of the City of E1 Segundo, and does hereby order and
.direct that the original of said plans be placed on file in the office of
the City Engineer of the City of E1 Segundo for identification and reference
and a copy thereof filed in the office of the City Clerk. Carried by the
following vote:.
Ayes: Councilmen Gerow, Hesser, Love,.Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
Moved by Councilman Selby, seconded by Councilman Love, that Resolution
No. 500, entitled:
P,.-630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING "SPECIFICATIONS
NO. SWG-1 -1940, OF THE CITY OF EL SEGUNDO, CALI-
FORNIA" FOR THE WIDENING AND IMPROVEMENT OF A
PORTION OF GRAND AVENUE IN SAID CITY,
which was read, be adopted. Carried by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
At this point the City Engineer, by general consent, was directed
to address a communication to proper authorities of the County of Los
Angeles, requesting that Body to allocate to the City of E1 Segundo out
of gas tax monies available therefor, the amount which, according to
said Engineer's estimate, will be required by•the City of E1 Segundo to
widen and improve Grand Avenue from Concord Street to the Westerly City
Limits.
PAYING BILLS.
The following demands, having had the approval of the Committee
on Finance and Records, were read:
Watbr Works Fund General Fund
R. T. Hutchins 03.79 Pacific Clay Products $248.83
Fraser Cement Products Co. 20.60 General Electric Supply 6.18
General Electric Supply Corp. 2.36 H. A. Slater .70
United States Pipe & Foundry 674.44 Blake, Moffitt & Towne 6.86
TOTAL $741.19 E. Morgan 4.20
Asphalt Paving Materials 20.39
J. L. Kruly Co. 300.00
Nymond and Aymond 218.00
Eo_uitable Steel Co. 142.68
TOTAL $947.84
Moved by Councilman Love, seconded by Councilman Hesser, the
demands be allowed and warrants ordered drawn on and paid out of the
respective funds covering the same. Carried by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
NEW BUSINESS.
Moved by Councilman Hesser, seconded by Councilman Love, that the
purchase bf four tires for E1 Segundo Police Car No. 1 be and the same is
hereby authorized at a cost of not to exceed $41.04, plus California State
Sales Tax. Carried by the following vote,
Ayes: Councilmen Gerow,- Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilmen None.
Moved by Counc.ilman Love, seconded by Councilman Hesser, that A. K.
Tennis, Janitor, be and he is hereby granted his customary annual two
weeks vacation beginning June 10th, 1940. Carried by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder,
Noes: Councilmen None.
Absent: Councilmen None.
Moved by Councilman Love, seconded by-Councilman Selby, that the
Altar Society of St. Anthony's Church be and it is hereby granted permission
to use the City Hall Auditorium, Tuesday, June llth,11940, for the purpose
of holding a benefit card party, no charge to be made for such use. Carried.
P µii _.
Moved by- Councilman Selby, seconded by Councilman Hesser, that Mayor
Binder and Park Superintendent McIlwaine be authorized and directed to make
a tour of Southern California cities on May 31st and June lst, for the
purpose of gathering data which will be useful to the City of E1 Segundo in
the matter of planting and nurturing street trees and in the care and
maintenance of its public parks, and that said officials be authorized to
file their demand for their actual and necessary expenses in'connection
therewith, such demands to be audited and approved in the usual manner
prior to payment. Carried by the following vote:
Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilman None.
No further business appearing to be transacted at this meeting, it was
moved.by Councilman Love, seconded•by Councilman Selby, the meeting adjourn.
Carried.
Respectfully submitted,
Approved:
CiMic er
Mayor.