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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. .w P �64+7 c€ • 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 KA 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 e 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.