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1952 FEB 27 CC MINU mss) t E1 Segundo, California February 27, 1952 A regular meeting of the City Council of the City of El Segundo, California, was held in the Council Chamber of the City Hall of said City on the above date, having been called to order at. 7 :00 o'clock P. M. by William R. Selby, Mayor. ROLL CALL Councilmen Present: Gordon, Peterson, Swanson, Thompson and Mayor Selby; Councilmen Absent: None. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular meeting held on the 20th day of February, 1952, having been read, and no errors or omissions having been noted, it was moved by Councilman Peterson, seconded by Council- man Gordon, the minutes of said meeting be approved as recorded. Carried. SPECIAL ORDER OF BUSINESS The hour of 7:00 o'clock P. M. having arrived, the Mayor announced that this was the time and place heretofore set for holding a hearing in the matter of a proposed amendment to Ordinance No. 306 (The Land Use Plan- Zoning Ordinance) of the City of E1 Segundo, amplifying regulations respect- ing parking requirements, as set forth.in Planning Commission Resolution No. 117. The City Clerk advised that due and regular notice of the hearing had been given and published and that the Affidavit of Publication showing that fact was on file. The Mayor then inquired whether or not any written communications or protests had been received with reference to the proposed amendment. He was advised none had been received. The City Clerk announced that the complete files of the Planning Conurission relating to the proposed amendment and also the complete files of the City Council up to this time, relating to said proposed amendment, were in possession of the City Clerk and available for use. The Mayor then ordered that the said files of the City Council and the said files of the Planning Commission up to this time with reference to the proposed amend- ment be received as evidence in the matter now pending before the Council. The Mayor then invited anyone present who desired to address the Council in favor of the proposed amendment to do so. No one responded. He then asked if anyone wished to speak in opposition to the adoption of the proposed amendment. No one responded. No written or oral protests having been received with reference to said matter, the Mayor declared the hearing closed. The City Attorney advised that the Council might introduce the Ordinance now if it so desired, adopting the recommendations of the City Planning Com- mission with respect to the matter. The City Clerk thereupon read to the Council said Ordinance, following which Councilman Swanson introduced Ordinance No. 401, entitled: A1\ ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING ORDINANCE NO. 306 (THE LAND USE PLAN - ZONING ORDINANCE) OF SAID CITY BY AMENDING ITEM 115011 OF PARAGRAPH "A. USE" OF SECTION 9; BY ADD- ING A NEW ITEM TO BE DESIGNATED AS ITEM 'Is" TO PARAGRAPH "A. USE11 OF SECTION 9.1; BY A1,1E1VDING ITEM 115111 OF PARAGRAPH "A. USE" OF SECTION 10; BY AMENDING ITEM T14411 OF PARAGRAPH "A. USE" OF SECTION 11; AND BY AMENDING PARAGRAPH "A. USE" OF SECTION 12, OF SAID ORDINANCE NC. 306., which was read. WRITTEN COMMUNICATIONS Written communications, received from the persons, firms or corporations hereinafter named, were read to the Council and were disposed of in the manner indicated, following reference to each here- inafter: L. A. ALLEN, Chairman, Planning Commission, City of El Segundo, dated February 27, 1952, resubmitting form of "Application to City Clerk for Business License" for the Councilts approval and advising it was the Commission's i ntention to have such form used only in cases where there was doubt in the mind of the persons issuing the license as to the proper zoning of such business. 2,oved by Councilman Thompson, seconded by Councilman Swanson, the following resolution be adopted: RESOLVED, that the communication from L. A. Allen, Chairman, City Planning Commission, dated February 27, 1952, and the attached form of 11Application to City Clerk for Business License ", be received and ordered placed on file in the office of the City Clerk, and as so on file be re- ferred to and made a part hereof; and BE IT FURTHER RESOLVED, that the City Council of the City of E1 Segundo does hereby approve said form of appli- cation and does hereby further approve the use thereof by the City Clerk. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. ROBERT H. DIETRICH, dated'February 27, 1952, requesting that he be granted a leave of absence from his duties as Police Officer in the Police Department of the City of El Segundo between the dates February 27, 1952 and April 15, 1952, both dates inclusive. Moved by Councilman Thompson, seconded by Councilman Swanson, the following resolution be adopted: -2- RESOLVED, that the communication from Robert H. Dietrich, dated February 27, 1952, requesting leave of absence as a Police Officer of the City of El Segundo between the dates February 27, 1952 and April 15, 1952, both dates inclusive, be received and filed in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the City Council does hereby grant the leave of absence requested, so far as the same may be necessary from this Council, provided that nothing herein contained shall be construed as in any manner affecting the employment of Mr. Dietrich with the City or his right to receive disability payments under the Workmen's Compensation laws and other laws of the State of California applicable in the premises. Carried by the following vote: Ayes: Councilmen Gordon, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Peterson, Swanson, Thompson and DUDLEY H. TROJAN, dated February 20, 1952, being an application for permit to operate a five -cent coin operated 'Williams Star Series Baseball Gamest at Fitzts Pool Hall, 139 Richmond Street, in the City of E1 Segundo. The .Chief of Police having reported that he had made an investi- gation of the amusement device proposed to be operated and having ad- vised that same conforms to ordinances of the City of E1 Segundo controlling such devices, it was moved by Councilman Thompson, seconded by Councilman Peterson, the following resolution be adopted: RESOLVED, that the application of Dudley H. Trojan; dated February 20, 1952, requesting permit to operate five -cent coin operated amusement device known as a "Williams Star Series Baseball Gamest, at Fitz's Pool Hall, 139 Ricrunond Street, in the City of E1 Segundo, presented this Council this date, be received and filed, and is hereby referred to and by this reference incorporated herein and made a part hereof; and BE IT FURTHER RESOLVED, that a temporary permit, revocable at any time by the City Council, without notice, without cause and without liability, be and the same is hereby granted to said applicant, Dudley H. Trojan, to place, maintain and operate an amusement game, known as a ??Williams Star Series Baseball Gamest, at 139 Richmond Street only; provided, however, that nothing herein con- tained shall be construed as in any manner whatsoever authorizing or permitting any gambling of any nature to be conducted or permitted in connection with the placement, use or operation of such device. Or roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Peterson, Swanson, Thompson and LEAGUE OF CALIFOR4IA CITIES, dated February 20, 1952, to which was attached statement which was submitted to the Assembly Intermit. -3- (45 U 17-76 6 Conn ittee on Finance and Insurance relative to the possible and alternative methods of financing public works. The City Clerk advised that she had delivered to each member of the City Council a copy of such statement for study, and there- after, by general consent, the communication was ordered filed for future reference. ADDIS J. JO1,ES, City Clerk of the City of Burbank, California, dated February 25, 1952, to which was attached a certified copy of a ce„t.ain resolution adopted by the City Council of said City, February 19, 1952, voicing opposition to the proposal of the County Supervisors Association with respect to a 4` State Sales Tax to be participated in by the Counties. The City Clerk advised that she had delivered to each member of the City Council a copy of said resolution for study, and thereafter, by general consent, the matter was taken under advisement until the next regular meeting of the City Council. LEAGUE OF CALIFORNIA CITIES, dated February 19, 1952, advising that under a new interpretation by the Voluntary Credit Restraint Co=,r.ittee, all bond issues, regardless of size, must be submitted to said Committee for screening. Ordered filed. Upon inquiry by the Mayor, the City Attorney stated that under the present regulations any City proposing to either issue new bonds or to sell bonds already voted must submit any such proposal to the Voluntary Credit Restraint Committee for screening, and that if the Cit-�r Council of the Ci t. of El Segundo anticipates the sale of any bonds in the future it should allow sufficient time for such screen - ing. E. A. ROWE, of the firm of Lippincott and Rowe, dated February 21, 1951, advising that all construction contracts for improvements to the CityTs water system, under the 1948 bond issue, have now been completed, and expressing appreciation to various officers of the City for their valuable advice and guidance throughout this work. The Mayor stated that in view of the expeditious and satisfactory manner in which Mr. Rowe had handled all transactions in connection with such improvement, he felt appreciation should be expressed to him on the part of the City Council. Other members of the Council concurring, it was moved by Councilman Peterson, seconded by Councilman Gordon, that the City Clerk be and she is hereby authorized and directed to forward a communication to Mr. E. A. Rowe, of the firm of Lippincott and Rowe, expressing the appreciation of the City Council and the various officers of the City of El Segundo for the expeditious and satisfactory manner in which all work in connection with the before mentioned improvements had been conducted and for the cooperation and assistance rendered personally by Mr. Rowe. Carried. ORAL COMMUNICATIONS Mr. Arthur Viren, 852 Bungalow Street, El Segundo, at this time delivered to the Director of Public Works a petition for improvement of Walnut Avenue between Maryland Street and a point 122 feet east of the east line of Bungalow Street, of Bungalow Street and Maryland Street between the north line of Tract No. 12887 and Walnut Avenue, and for the construction of a public sewer in Bungalow Street between the north line of Tract No. 12887 and Walnut Avenue, in the City of El Segundo, Californiag -4- which he stated he felt bore sufficient signatures to enable the Council to proceed with the work requested. Moved by Councilman Swanson, seconded by Councilman Thompson, that the said petition be referred to the City Engineer for check- ing and report thereon to this Council. Carried. REPORTS OF STANDING COMMITTEES Public Service Commissioner Swanson reported that he had con- ferred with the Chief of Police, the Building Inspector and the Director of Public Works respecting the present House Moving Ordi- nance; that such conference disclosed the fact that the present House Moving Ordinance of the City of El Segundo is obsolete and that he had requested the Building Inspector to obtain copies of such ordi- nances from neighboring cities, following receipt of which a further study would be made of the matter and a report thereon made to the Council at a future date. REPORTS OF OFFICERS AND SPECIAL COMMITTEES The City Clerk reported as follows: 1. That on February 21, 1952 she had received a public liability insurance policy covering the automobiles used by James H. Swisher, dba E1 Segundo Cab Company, which policy she had delivered to the City Attorney for his approval as to form. The City Attorney thereupon stated that, in his opinion, the policy was satisfactory and gave the City the coverage desired, but recommended that an endorsement be attached to said policy which would have.the effect of causing all endorsements heretofore attached to said policy and which relate particularly to the City of Inglewood and the County of Los Angeles, to likewise be effective as to the City of El Segundo. The City Clerk stated that she had requested such an endorsement and upon receipt thereof same would be attached to the policy. 2. Reported that to date she had heard nothing from the property owners on Penn Street with respect to their approval of the construction of the storm drain gutter on property easterly of said Penn Street. At this point Councilman Swanson stated that he had been informed by Mr. Arthur Petsch, chairman of the committee of property owners on said street, that said property owners are in favor of the construction of such a gutter and a letter to such effect will be forwarded to the City Clerk in the near future. 3. That she had received from the Department of Public Works of the City of Los Angeles, its invoice No. 10420 indicating an amount due from the City of El Segundo, under its contract for the construction of the Hyperion Sewage Treatment Plant, of the sum of X633.93, one copy of which report she had delivered to each the City Engineer and City Attorney. 4. That at the last regular meeting of the City Council, the Council had approved the appointment of Mrs. Maxine Thorne to the position as Stenographer -Clerk to the Building and Planning Department of the City of El Segundo; that Mrs. Thorne had been called East and was unable to con- tinue to fill such position, that on February 25, 1952 said Departments had employed Mrs. Mary E. Kessler to fill the vacancy, and she requested approval of such appointment. -5- U <<t, U _t Moved by Councilman Swanson, seconded by Councilman Peterson, the following resolution be adopted: RESOLVED, that effective from and after February 25, 1952 and until the further order of this Council, Mary E. Kessler be and she is hereby appointed to the position of Stenographer -Clerk for the Building and Planning Depart- ments of the City of El Segundo, such appointee to be com- pensated for her services in connection with such position in accordance with the provisions of the Salary Resolution of the City of El Segundo. Carried by the following vote: Ayes: Councilmen Gordon, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Peterson, Swanson, Thompson and 5. Reported for the Chief of Police the appointment of Eugene Murry Stone as a Special Police Officer of the City of El Segundo, 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 El Segundo of Eugene Murry Stone, as Special Police Officer of said City, be and the same is hereby ratified, approved and confirmed. Carried. Director of Public Works Short reported as follows: 1. That he had checked the petition heretofore presented at this meeting by Mr. Arthur Viren requesting the improvement of portions of Walnut Avenue, Bungalow Street and Maryland Street, and finds that said petition bears signatures representing 84% of the area involved. Thereupon it was moved by Councilman Peterson, seconded by Council- man Gordon, the following resolution be adopted: RESOLVED, that the City Engineer of the City of E1 Segundo be and he is hereby authorized and instructed to prepare the necessary plans, specifications, cross - sections and profiles, covering the work or improvement contemplated under the provisions of that certain petition entitled: «PETITION' (ATTD WAIVER) FOR THE IMPROVEMENT OF WALNUT AVENUE BETWEEN MARYLAND STREET AND A POINT 122 FEET EAST OF THE EAST "LINE OF BUNGALOW STREET, OF BUNGALOW STREET AND MARYLAND STREET BETWEEN THE NORTH LIVE OF TRACT NO. 12887 AND WALNUT AVENUE, AND FOR THE CONSTRUCTION OF A PUBLIC SEWER IN BUNGALOW STREET BETWFEP: THE NORTH LINE OF TRACT NO. 12887 AND WALNUT AVENUE, IN THE CITY OF EL SEGUNDO, CALIFORNIA ", and to thereafter present same to this Council for its action thereon. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. 2. That in connection with Flood Control District to provide of Los Angeles, he had submitted Peterson, Swanson, Thompson and the proposed bond issue by the County a storm drainage system for the County to said District certain projects which -b- the City of El Segundo desired to have included in such system in the event the bond issue is submitted to the voters; that while the said County Flood Control District had tenatively approved the pro - jects,it is necessary, however, that the City submit a detailed set of plans covering such projects before May lst, 1952. He further stated that in view of the fact that Mr. J. R. Lester Boyle was presently working on a MM control survey for the City of E1 Segundo and had prepared the preliminary sketches of the projects submitted to the County Flood Control District, he had consulted with Mr. Boyle as to his fee for preparing the detailed plans; that Mr. Boyle's fee would be between 1/2 to 3/4 of one per cent of the estimated cost of the projects, or between $4,000-00 to $7,000.00, which amount would be refunded to the City in event the projects are included in the over all stormn drain plan and bonds to cover same are issued, and he reco..r.;ended that Mr. Boyle be employed on the basis as hereinbefore set forth. . Moved by Councilman Peterson_, seconded by Councilman Gordon., the following resolution be adopted: RESOLVED, that this Council does hereby approve the recommendations hereinabove made by the Director of Public Works of the City of E1 Segundo, and does hereby authorize the employment of J. R. Lester Boyle at the fee hereinbefore stated by said Director of Public Works, for the purpose of preparing detailed plans covering projects which the City of El Segundo desires to have included in the over all plan for storm drain projects proposed by the County Flood Control District of the County of Los Angeles. Carried by the following vote: Ayes: Councilmen Gordon, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Peterson, Swanson, Thompson and 3. Inquired whether or not the Council desired at this time to take any action with respect to the purchase by the City of E1 Segundo, for storm: drain purposes, of Lot 25, Tract 258G,cver-�he southerly 15 feet of which the City presently holds an easement for _ewer line purposes and which lot had been offered for sale to the City. The Council being of the opinion that in event a storm water gutter is constructed easterly of Penn Street, as presently contemplated, that a portion of such .lot might be valuable for storm drain purposes, it was moved by Councilman Swanson, seconded by Councilman Gordon, that Council- man Swanson and the Director of Public Works be and they are hereby authorized and directed to enter into preliminary negotiations with the A owner of said lot for the purchase thereof, and to report back to this Council in due time. Carried. City Attorney Woodworth reported as follows: 1. That on this date the Mayor of the City of El Segundo had been served with a summons in an action instituted by Pan American World Air- ways, Inc., for the purpose of recovering taxes which said Company had paid to the County of Los Angeles and which it.felt should be recovered; that he is of the opinion that in view of the fact that the County of Los Angeles has also been named as party defendant, it is possible the County Counsel of said County may act as defense attorney for the City of El Segundo. -7- iJ `i`t9 Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that the City Attorney be and he is hereby authorized and instructed to communicate with the office of the County Counsel of the County of Los Angeles, which County is the tax assessing and collecting agency for the City of El Segundo, with reference to the rose of the City of El Segundo in that certain action bearing No. 570823 in the Superior Court of the State of California, in and for the County of "Los Angeles, entitled: 11Pan American World Airways, Inc., a Corporation, v. County of Los Angeles, a body corporate and politic, and the City of El Segundo, a municipal corporation'T, with reference to this action and request that said office make defense of the City of E1 Segundo in said action as has been done in pre - :rious actions of similar nature, and that in the event such defense is not afforded that the Cit;r Attorney be authorized to appear and represent the City of El Segundo in said action. On roll call, the foregoing resolution was adopted by the following vo_e: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby; `does: Councilmen None; Absent.: Councilmen None. 2. That there had previously been referred to the City Attorney the matter of a certain communication, a petition and a report of the Director of Public Works of the City of E1 Segundo concerning the operations of the Gordon Sand Company and Paramount Sand Company agencies; that he has examined the various documents referred to and finds a similarity in the requests contained therein and suggestions presented to the City Council with reference to the instituting of an action against said Companies; that, in his opinion, the operations of the Gordon Sand Company and Paramount Sand Company are not the same as those which were involved in the case of K. C. McIlroy, and that as a result thereof the same type of action is not indicated for the reason that the oublic nuisance as involved in the McIlroy case is not evident in the other cases in sufficient volume to justify such court action. The City Attorney further elaborated upon the possibility of violations of the Zoning Ordinance being involved and also the matter of proper business licenses being procured by the Gordon and Paramount Sand Companies, which matters he stated might eventually involve a civil action but not criminal action. At the conclusion of his report he recommended that he be author- ized to negotiate with representatives of the Gordon Sand Company, the Paramount Sand Company, and those persons who had heretofore signed a petition requesting that a similar action be taken against said companies as was taken in the case of K. C. McIlroy, in an effort to adjudicate the matters involved in a manner satisfactory to all concerned, without the necessity of resorting to court action. Following discussion by the members of the City Council and the City Attorney, it was moved by Councilman Peterson, seconded by Councilman Swanson, the following resolution be adopted: RESOLVED, that this Council does hereby approve the recommendations of the City Attorney with reference to the action to be taken in the matter of the objections hereto- fore made by certain citizens of the City of El Segundo with respect to the operations of the Gordon Sand Company and Pararno= Sand Company, and to thereafter report the result of any such conferences held in connection therewith to the M U '78 I City Council at a future date. Carried by the following vote: Ayes: Councilmen Peterson, Swanson, Thompson and mayor Selby; Noes: Councilmen None; Absent: Councilmen None; Not Voting: Councilman Gordon. None. UNFINISHED BUSINESS PAYING BILLS The following demands, having had the approval of the Committee on Finance and Records, were read: General Fund California Safety Council $ 30.00 John D. Meschuk, M. D. 5.00 Sallard & Son Furniture Shop 10.00 Title Insurance & Trust Co. 10.00 City of El Segundo Luippold Engineering Sales Water Department 36.26 Ditto, Incorporated 6.50 Pasquale Lepore 10.00 Linnea M. Snyder 16.00 J. T. Jenkins Company 2.55 Building Code Publishing Co. 30.90 Barker Bros. 274.58 South Bay Publishing Co. 1.96 South Bay Daily Breeze 3.60 Clark Trobough 121.00 Ansul Chemical Co. 45.32 Ducommun Metals & Supply Co. 11.54 Apex Steel Corporation Ltd. 367.71 H. L. Roberts- - 4,947.00 Mrs. Lyle Reid 353.00 Neva M. Elsey, City Clerk 31.94 TOTAL $ 6,314.86 Recreation Fund Goliger Leather Co., Inc. P 47.77 TOTAL $ 47.77 Water Works Fund Smith -Blair Inc. Water v45 89.24 Rich Mfg. Co. 540.96 Rensselaer Valve Company 177.47 Luippold Engineering Sales 50.99 Emsco Concrete Cutting Co. 135.00 So. Calif. Edison Co. 1.90 Reliable Iron Foundry 63.95 The El Segundo Press 84.46 Industrial Sta. & Printing 50.83 Underwocd Corporation 12.24 Hersey Mfg. Co. 655.81 Carl W. Eaton 65.00 TOTAL 1,927.85 Water Works Bond Election 1948, Construction Fund Clark Trobough $p 223.00 Lippincott and Rowe 1,028-39 TOTAL $ 1,251.39 Sewerage Facilities Department of Public Works $ 633.93 TOTAL $ 633.93 Moved by Councilman Gordon, seconded by Councilman Peterson, 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, Peterson, Swanson, Thompson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. NEW BUSINESS Moved by Councilman Thompson, seconded by Councilman Gordon, that Resolution No. 1214, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING THE COMPENSATION OR PAY OF VARIOUS MUNICIPAL OFFICERS AND EMPLOYEES OF SAID CITY, AND REPEAL- ING ALL RESOLUTIONS AND ORDERS AND PARTS OF RESOLU- TIONS AND ORDERS IN CONFLICT THEREWITH., U S2 which was read, be adopted. On roll call, said motion carried and the foregoing resolution was adopted by the following 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 Gordon, seconded by Councilman Peterson, the meeting adjourn. Carried. Respectfully submitted, Neva M. Elsey, City Cler Approved: Mayor -10- r