Loading...
1950 DEC 06 CC MINA regular meeting of the Segundo, California, was held City Hall of said City on the to order at 7:00 o'clock P. M. E1 Segundo, California December 6, 1950 City Council of the City of El in the Council Chamber in the above date, having been called by William R. Selby, Mayor. ROLL CALL Councilmen Present: Peterson, Swanson, Thompson and Mayor Selby. Councilmen Absent: Gordon. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular meeting held on the 29th day of November, 1950, having been read, without error or omission having been noted, it was moved by Councilman Peterson, seconded by Councilman Swanson, the minutes of said meeting be approved as recorded. Carried WRITTEN COMMUNICATIONS Written communications, received from the persons, firms or corporations hereinafter named, were read to the City Council and were disposed of in the manner indicated, follow- ing reference to each hereinafter: SOUTHERN CALIFORNIA PLANNING CONGRESS, undated, being notice of its annual meeting to be held in the=-Vity of San Bernardino on Thursday, December 14, 1950. Ordered filed. J. R. LESTER BOYLE, dated December 4, 1950, transmitting his original copies of the work sheets for the plans, profiles, and cross - sections of the proposed improvement of Pepper Street and other streets in the City of El Segundo, which work was ordered abandoned by the City Council on November $, 1950, fol- lowing a hearing on said matter. Invoice covering Mr. Boylets services in connection with the survey made also was enclosed, which invoice the City Clerk announced was being presented to the Council with other bills at the proper time. Ordered filed. EVANS, CECIL WAYNE, dated December 1, 1950; and ORLATT, DOMINICK THOMAS, dated November 30, 1950, each being application for employment by the City of E1 Segundo. Ordered filed.. LEAGUE OF CALIFORNIA CITIES, its bulletin dated 5 December, 1950, giving a resume of various actions taken by the California State Disaster Council at its recent meeting held in Sacra- mento. Said bulletin also contained references to other matters affecting municipalities. Ordered filed. WESTERN OIL AND GAS ASSOCIATION, by John M. Payne, dated November 29, 1950, setting.forth various recommendations made by said association in connection with the proposed oil drill- ing ordinance for the City of E1 Segundo. By general consent same was ordered filed for future reference. During the reading of the last above mentioned communication, Councilman Gordon appeared in the Council Chamber, the hour being 7:10 o'clock P. M., and he immediately took his seat at the Council table. -1- (J DOUGLAS AIRCRAFT COMPANY, INC., dated December 1, 1950, its File No. B- 171 -HM -1, advising that for some months it has been attempting to induce the Department of the Navy to dedicate to the City of E1 Segundo a certain parcel of property lying easterly of the southerly terminus of Douglas Avenue and along the northerly boundary of E1 Segundo Boule- vard, for the purpose of widening said last mentioned high- way; that it usually takes from two to three years for Congressional legislation to be enacted to take care of such matters, and in order to avoid such delay, said company was submitting copy of a permit to the City Council for its con- sideration, which permit said company felt would, in the interim, take care of the matter of widening said E1 Segundo Boulevard. The form of permit was submitted to the City Attorney for his opinion, and after inspecting same,said Attorney rendered his opinion as follows: That it is the usual form of instrument prepared by the United States Government, the effect of which would be to grant to the City of E1 Segundo a revocable permit covering a portion of land lying imme- diately north and abutting the present E1 Segundo Boulevard from the existing southerly terminus of Douglas Street to Aviation Boulevard; that all costs and expenses in connection with the construction and maintenance of the property would have to be borne by the City; that the City, in his opinion, has the legal right to accept the permit easement and to improve the property covered thereby in any manner it sees fit for whatever municipal purposes it desires; that in this particular case the property indicated is for public street purposes, and that under existinilworld conditions the City might accept the permit and cause the property to be improved at the City's expense as its contribution to the world effort. However, he called the Council's atten- tion to the fact that it has not been said Council's policy to improve property abutting upon private property without being at least partially reimbursed for expenses in connec- tion with such improvements by such property owner. Following discussion, by general consent the matter was referred to the Director of Public Works for investigation and report to this Council at its next meeting, and in this connection Commissioner of Public Works Peterson made the following recommendations to the Director of Public Works: First: That any property to be accepted by the City for the widening of E1 Segundo Boulevard on the north thereof should be of sufficient width to allow said boulevard to be ultimately widened to a width of 100 feet; and Second: That the City should not stand the entire cost of the improvement of the subject thoroughfare. The City Clerk reported receipt from the Industrial Acci- dent Commission of the State of California, of a notice of hearing of.application for adjustment of claim, being Claim ' No. L.A. 114 -691 in the case of Emma Haddock as widow of Alexander C. Haddock, deceased, vs. City of E1 Segundo and State Fund, which hearing is scheduled for January 3, 1951, in the State Building, Los Angeles. He stated the State Com- pensation Insurance Fund will represent the City at said to ar- ing, but recommended that someone from the City Clerk's office also attend said hearing and be prepared to testify with re- spect to payrolls, etc., having bearing on said matter, in which recommendation the Council concurred. -2- U w- ORAL COMMUNICATIONS Mr. Clifford A. Smith addressed the Council, stating it is his desire to improve and fill in the lot lying immediately to the north of his present dwelling, located at 836 Center Street, with the idea in mind of eventually moving his said dwelling onto said lot when Oak Avenue is eventually constructed easterly from Center Street; that due to improvements con- structed on other lots in the vicinity, the accumulation of storm waters presently drain onto said lot, but if and when he improves same, such waters will naturally flow into Center Street, and he inquired what his rights in the matter are. Director of Public Works Short elaborated on Mr. Smith's statements, and advised that the lot Mr. Smith owns, adjoin- ing on the north his present dwelling, is a natural drainage basin for surrounding territory; that every lot in the basin has been filled in and improved, with the exception of Mr. Smith's lot, and the question is: Does this man have the right to fill that lot and build his home upon it and thereby divert storm water from his lot to the street? Mr. Short also stated that approximately 99% of all water accumulating on said lot at the present time will flow into the street. The City Attorney stated, as he understood the matter, the area was originally a drainage basin, Mr. Smith's lot being included therein, and that storm waters had accumulated on the property in such basin, which resulted in a very nominal run -off until improvements were put in; that as a result of street improvements and other;,improvements, the amount of storm. water which would normally accumulate and evaporate or percolate into the ground has been increased, due to cutting off of natural seepage, and as a result of that, Mr. Smith's property is burdened with the excess of the volume of water which the fills in adjoining properties displaced; that undoubtedly the amount of water displaced by the proposed fill would not tend to extend the periphery of the sump basin more than a few inches, unless the terrain is very low; that. in his opinion he does not think Mr. Smith should be deprived of the right to use his lot, or to combat storm water any more than his neighbors have; if the City is interested in bringing action against Mr. Smith and his neighbors for filling in a natural sump, that is another matter; that temporary incon- venience due.to inundation of highway should never interfere with allowing a person to improve his property; that he would be no more liable, in said Attorney's opinion, than his neighbors, who have already improved their properties; that unless there is a definite diversion of storm water from one water basin to another, in his opinion there is no cause for action against the property owners on the part of the City, but if such storm waters are so diverted as to cause damage to a neighbor's property, such neighbor might have cause of action against the person causing the diversion; that if the City locates a public street in a low area where, due to present or future improvements of property, storm waters may accumulate in .such street, that is an engineering problem. » REPORTS OF STANDING COMMITTEES Councilman Gordon stated he had been informed that there is evidence to the effect that the Chiistmas Tree in Library Park, which was some years ago donated to the City by the E1 Segundo Woman'.s Club, is dying, and that the removal thereof and -3- I7 'r6 replacement with another suitable tree is contemplated; that he was passing this information on to the Council so that it might be advised in the matter. The City Coordinator, in connection with the same matter, reported that he had received a telephone call from a member of E1 Segundo Woments Club, advising that if the City finds it necessary and desirable to remove the present Christmas Tree in Library Park, said Club would appreciate being granted permission to replace same with a suitable tree selected by the Park Foreman of the City of E1 Segundo. No action was taken in the matter pending further in- formation with respect thereto from Councilman Gordon and from the Park Foreman. REPORTS OF OFFICERS AND SPECIAL COMMITTEES The Chief of Police announced the appointment of George Pane as a member of E1 Segundo Police Reserve and requested approval of such appointment. Moved by Councilman Thompson, seconded by Councilman Swanson, that the appointment by the Chief of Police of the City of E1 Segundo of George Pane as a member of E1 Segundo Police Reserves be and the same is hereby ratified, con- firmed and approved. Carried by the following vote: Ayes: Councilmen Gordon, and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None, Peterson, Swanson, Thompson, Director of Public Works Short made reports as follows: 1. That Mr. McLean of the engineering firm of J. R. Lester Boyle had recently called at his office to obtain certain information in connection with the application to be made to the Housing and Home Finance Agency of the Federal Government for financial assistance-in connection with the making of a storm drain survey of the City of E1 Segundo, the filing of which application had heretofore been authorized by the City Council; that in view of the extreme urgency for the making of such survey and the fact that considerable delay would be encountered before such financial assistance is received from the Federal agency, he recommended the City advance $4,000 from the General Fund of said City, which sum is the estimated cost submitted by J. R. Lester Boyle for the making of an overall survey for storm drainage construction for the City, from which survey plans and speci- fications could be drawn at a later date. The Council concurred in the recommendation made by the Director of Public Works, and indicated it would favor pro- ceedingv&th the contemplated survey, and in the meantime the matter was.referred to the City Attorney for the preparation of any necessary resolution in connection therewith. 2. That he had heretofore discussed with members of the City Council the matter of employing an Assistant Engineer in his office; that he had investigated a number of persons who might fill the position and had in mind one individual who he felt would be competent and had all the qualifications necessary to do the required work. Commissioner of Public Works Peterson stated he had gone into the matter thoroughly with Mr. Short, and that he is in accord with Mr. Shortts recom- mendation. U Following discussion by the Council, it was moved by Councilman Gordon, seconded by Councilman Thompson, that Reso- lution No. 1118, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLU- TION NO. 1017 (THE SALARY AND COMPENSATION RESOLUTION) OF SAID CITY BY ADDING.A NEW CLASSIFICATION TO BE DESIGNATED AS "13.2 - ASSISTANT ENGINEER" TO SUBDIVISION 2 OF THE SCHEDULE OF COMPENSATION SET FORTH IN SECTION 1; AND BY AMENDING SUBDIVISION (J) OF THE RULES AND REGULATIONS SET FORTH IN SECTION 9 OF SAID RESOLUTION NO. 1017., which was read, be adopted. On roll call, said motion carried, and the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None. Peterson, Swanson, Thompson At this time, the hour being 8 :50 o'clock P. M., the Mayor declared a recess. At the hour of 8 :55 o'clock P. M. the Council reconvened, all members being present and answer- ing roll call. Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: WHEREAS, the Director of Public Works, after due consideration, has recommended to this Council that John R. Gray, a graduate civil engineer,'be ap- pointed to the position of Assistant Engineer of the City of E1 Segundo, as contemplated under the provisions of Resolution No. 1017 of said City as amended; AND, WHEREAS, this Council has duly considered the matter of said appointment and said recommenda- tion; NOW, THEREFORE, BE IT RESOLVED that the said John.R. Gray be and he is hereby appointed as Assistant Engineer of the City of E1 Segundo, Calif- ornia, at the salary or compensation as provided for in said Resolution No. 1017, as amended, and to con- tinue to serve in puch capacity until the further order of the City ',Council of said City; such Assistant Engineer to commence his service hereunder at such date as may be designated by the Director of Public Works, which date shall be reported to this Council in writing by.said Director of Public Works after the determination thereof. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None. -5- �i Peterson, Swanson, Thompson U'78 3. That in connection with the recommendation of the City Council made at its last regular meeting, the petitioner who had on said date presented to said Council a petition calling for certain improvements to be made in Bungalow Drive between Holly and Pine Avenues, be requested to in- clude in said petition the construction of sewers in said portion of Bungalow Drive and certain improvements in Holly Avenue between Bungalow Drive and Center Street. He stated he had contacted said petitioner, who indicated he is agreeable to making such inclusions, and that he would further report thereon at a later date. City Attorney Woodworth reported as follows: 1. That the City Clerkts office had advised him there is a balance remaining in the old Act of 1927 M.I.D. No. 1 Interest and Redemption Fund, and had requested a ruling as to disposition thereof. The Attorney stated that XKdAM the old Act of 1927 M.I.D.,: under_which-this *proceeding, was taken, was repealed in 1933, but it had a saving clause in it to the effect that any proceedings taken prior to such repeal should go forward according to the terms of the contract; that since the Cityts proceeding had been taken prior to such repeal, it therefore continued in full force and effect. He further stated the Clerkts office had advised him there is an unexpended residue of money raised by the City for that specific public improvement which remains in the fund; that the improvement has been completed and fully paid for, and the district has no outstanding indebtedness nor will it have further outstanding indebtedness; that while the old Act of 1927 M.I.D. provided that all surplus monies be applied to the interest and sinking fund for payment of bonds in event there were bonds outstanding; that since there are no bonds ouBtanding, that account is silent as to disposition of surplus as same now exists in the City Treasury, and that therefore in his opinion the provisions of Section 43233 of the Government Code will apply and may be authority for the transfer mentioned therein of the funds now on hand, credited to the municipal improvement district proceeding, to the General Fund of the City. Said Section 43233 reads as follows: "Payment of unexpended residue into general fund. The unexpended resi- due of any money raised by a city for a specific public improvement remaining after the improvement has been com- pleted and paid for, shall be paid into the general fund of the city." Following the foregoing report by the City Attorney, it was moved by Councilman Thompson, seconded by Councilman Gordon, the following resolution be adopted: WHEREAS, the City Clerk reports to the City Council that there remains in the Act of 1927 M.I.D. No. 1 Interest and Redemption Fund the sum of $2,957.19, and that the specific improvement provided for in the proceeding for which said .fund was created has been completed and paid for; NOW, THEREFORE, under the provisions of Section 43233 of the Political Code of the State :, 10 of California, and the authority therein granted so to do, the City Council hereby orders that the unexpended residue of money in the sum of .$2,,957. 19 now remaining in said Act of 1927 MID No•l Interest and Redemption Fund shall be and the same is hereby ordered paid into the General Fund of the City of E1 Segundo. On roll call, the foregoing resolution was adopted by the fol- lowing vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby. Noes: Councilmen None, Absent: Councilmen None, 2• That he had prepared and was delivering to the City Clerk,documents in connection with the contract heretofore awarded F. D. Foley for the collection and disposal of garbage and non - combustible rubbish in the City of El Segundo. None, UNFINISHED BUSINESS PAYING BILLS The following demands, having had the approval of the Committee on Finance and Records, were read: General Fund MintaCurtzwiler,CityTreas 1730 41 MintaCurtzwiler,CityTreas 2208 04 MintaCurtzwiler,CityTreas 1523 20 MintaCurtzwiler,CityTreas 1238 92 MintaCurtzwiler,CityTreas 1607 72 MintaCurtzwiler,CityTreas 82 $0 MintaCurtzwiler,CityTreas $70 30 MintaCurtzwiler,CityTreas 18 75 MintaCurtzwiler,Secy E1 K B & S Sporting Goods 24 Segundo City Grp 49 $0 State Emp Ret System 733 32 South Bay Publishing Co 2 85 Berkline's Watch Shop 3 00 Bob's Cleaners & Laundry 3 00 Wilson Carbon Co Inc 30 90 So Calif Disinfecting Co 13 50 F Morton Pitt 185 46. Ducommun Metals & Supply Co 9 14 Milliken Chevrolet 0 92 So Calif Gas Co 33 02 Grimes Stassforth Stat Co 72 26 Le Roi -Rix Machinery Co 11 29 J C Penney Co Inc 57 18 B & M Siren-Mfg Co 43 96 Oltmans Constr Co 6341 71 E1 Segundo Paint Center 4 54 Leiland A Irish Inc 12 53 Calif Spray Chemical Corp 35 21 Centinela Auto Glass 11 83 The Lighthouse Inc 13 34 Gordon Whitnall 100 00 Mort Brandler 60 00 E1 Segundo Chamber of Comm 50 00 OVA U,79 Water Works Fund Payroll Demands Nos Recreation Fund MintaCurtzwiler,City reas 570 93 MintaCurtzwiler;CityTreas 97 64 MintaCurtzwiler,Secy E1 6 25 Segundo City Group 8 30 Hosp Sery of So Calif 3 80 State Emp Ret System 50 08 Collector of Internal Revenue 19 74 K B & S Sporting Goods 24 57 R B Cut Rate Drug 27 45 Goliger Leather Co Inc 8 43 Burtons Leathercraft 20 19 Hollywood Trophy Co 112 3j TOTAL 9 942 4 Water Works Fund Payroll Demands Nos 14338 to 14346 1028 27 MintaCurtzwiler,CityTreas 75 20 MintaCurtzwiler,CityTreas 6 25 MintaCurtzwiler,CityTreas 16 60 State Emp Ret System 100 1$ State Emp Ret System 99 65 Mutual Electric Co 53 40 Carl Wilson 42 00 City of El Segundo, Calif 55 37 Kimball Elevator Co, Ltd 9 20 Alhambra Foundry Co, Ltd 77 25 Address Sales & Sery Agency 22 78 Grimes Stat Co 4 94 Gene U Graven 102 30 Reliable Iron Foundry 97 39 Rich Mfg Co 92 91 Ducommun Metals & Supply Co 81 94 U 80 (Cont) General Fund So Calif Humane Society 52 75 Edward D Maltby Co 9 47 Ken H Jones & Co 5 79 Rose Bowl 1 85 H & H Fount & Grill 2 70 Eckdahl Auto Parts Co 42 17 Howard Supply Co 20 49 Brachman Ignition Works 23 $2 ivision of H4ghways 15 03 aylor Wholesale Electric Co 15 63 Yankee Motor Bodies Corp 19 47 Coast Spotlight & Equip Co 3 98 John D Meschuk M D 3 00 Pacific Electric Railway Co 12 91 Rita Milligan, Matron 9 30 Master Pest-Control Inc 9 50 Alexander Haddock 279 00 Smithts Furnishings 1 40 California Rent Car -175 13 R B Cut Rate Drug 6 18 Electric Shop 26 $2 Electric Equipment Co 31 24 J R Lester Boyle 2596 00 Tobiets Shop 2 75 C V Baird Auto Supply Co 24 56 Carburetor & Elec Supply Co $6 74 Victor D McCarthy,City Clk 34 96 (Cont) Water Works Fund Water Works Engineering 4 00 Mutual Liquid Gas & Equip Co 58 75 New Pacific Lumber Co 20 95 Wm R Selby 3 98 Henry Claman 87 45 Donald R Short, Petty Cash 4 1 TOTAL 32182 51 Water Works Bond Election 1948, Construction Fund City of E S Water Dept 5 2 Barclay Surveying Co 720 00 R C Paulston 17 2 TOTAL 4742 55 Pension Fund State Emp Ret System TOTAL 4 7 (Cont) General Fund Raymond G Osborne -� 35 00 So Calif Edison Co 24 65 New Pacific Lumber Co 16 50 Victor D McCarthy,City Clk 12 49 Wm R Selby, Mayor 6 00 TOTAL 420766 1 Moved by Councilman Gordon, seconded by Councilman Peter- son 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 Gordon, and Mayor Selby, Noes: Councilmen None. Absent: Councilmen None. Peterson, Swanson, Thompson NEW BUSINESS Mayor Selby stated that it was his desire to appoint, Donald R. Short as Director of E1 Segundo Disaster Council for the City of E1 Segundo, and he requested approval for such appointment, Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that effective as of midnight, December 6, 1950, Donald R, Short be and he is hereby appointed Director of E1 Segundo Disaster Council for the City of E1 Segundo, to act in such capacity without compensation; that such Director of E1 Segundo Disaster Council shall, under the general supervision of the Commander of said Council, acquaint himself with the organizational features and program in the City of E1 Segundo as presently constituted; analyze the same and from time to time report to said Commander and the City Council such features as in his judgment should receive attention, with recommendationsk with reference thereto, to the end that the civil defense program and .activities of the City may be properly and efficiently coordinated. M On roll call, the foregoing resolution was adopted by the fol- lowing vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby, Noes: Councilmen None. Absent: Councilmen None. No further business appearing to be transacted at this meeting, it was moved by Councilman Swanson, seconded by Councilman Thompson, the meeting adjourn, Carried. Respectfully submitted, f. I.