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1952 NOV 19 CC MINu El Segundo, California November 19, 1952 A regular meeting of the City Council of the City of E1 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: Baker, Gordon, Peterson, Swanson and Mayor Selby; Councilmen Absent: None. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular meeting held on the 12th day of November, 1952, having been read, and no errors or omissions having been noted, it was moved by Councilman Peterson, seconded by Councilman Baker, the minutes of said meeting be approved as recorded. Carried. WRITTEN COMMUNICATIONS Written communications, received from the persons, firms or corpora- tions hereinafter named, were read to the Council and were disposed of in the manner indicated, following reference to each hereinafter: ARTHUR J. WILL, CHIEF ADMINISTRATIVE OFFICER, COUNTY OF LOS ANGELES, dated November 7, 1952, addressed to Mayor William R. Selby, advising that at the request of the Board of Supervisors of said County, he is forwarding a copy of resolution adopted by said Board on November 5, 1952, concerning the establishment of a citizens committee to assist in solving the air pollu- tion problem, and would appreciate being advised •of the name and address of the Mayor's appointee to said committee not later than November 14, 1952• Mayor Selby advised the Council that he had appointed Mr. Robert W. Frederick to said committee and that this information had been conveyed to Mr. Will. Thereafter, the communication was ordered filed. CROSS TOWN LINES, dated November 18, 1952, announcing the extension of its present Imperial Line from Hawthorne Boulevard to Sepulveda Boulevard in the City of El Segundo, and enclosing copies of its schedule covering said line which goes into effect December 1, 1952. Ordered filed. JOSEPH FRED CZARSKE, dated November 17, 1952, being application for employment by the City of El Segundo. Ordered filed. DON C. MC MILLAN, CITY MANAGER, CITY OF PASADENA, dated November 14, 1952, enclosing copy of a letter that the Board of Directors of said City had forwarded to the Board of Supervisors of the County of Los Angeles in connection with said County's request that an appointment be made by said City to an Advisory Committee on Smog, in which letter from the Board of Directors it had advised said Board of Supervisors it did not feel it was necessary to create such committee at this time inasmuch as the League of California Cities has formed such a committee for the purpose of assisting the County of Los Angeles in eliminating the smog. Ordered filed. LESTER 0. LUCE, JUDGE, MUNICIPAL COURT, INGLEWOOD JUDICIAL DISTRICT, dated November 10, 1952, enclosing copy of letter which he had forwarded to J. M. Lowery, County Auditor, County of Los Angeles, in connection with a recent check made by the Clerk's Office of said Municipal Court, calling attention to erroneous distribution of fines which had been forwarded to said County,. and which letter indicated $45.00 from the City of E1 Segundo -1- 165 V 166 had been entirely credited to the County of Los Angeles, whereas one - half of said sum should have been remitted to the City of El Segundo. Thereafter, by general consent, said communication and accompany- ing papers were ordered filed in the office of the City Clerk for the purpose of identification and reference, and the City Clerk directed to address a letter of commendation. to Judge Luce for the efforts made by his Court in attempting to secure equitable distribution of fines col- lected by said court. LEAGUE OF CALIFORNIA CITIES, dated November 10, 1952, calling atten- tion to the 1952 Annual Congress of the American Municipal Association which will be held in the City of Los Angeles from November 30th to December 3rd, inclusive. Moved by Councilmman Gordon, seconded by Councilman Peterson, the following resolution be adopted: RESOLVED, that any member of the City Council desiring so to do, the City Clerk and the Director of Public Works, be and they are hereby authorized to attend the 1952 Annual Congress of the American Municipal Association to be held in the City of Los Angeles, November 30th to December 3rd, 1952, inclusive; and BE IT FURTHER RESOLVED, that said officials who may attend said Congress be and they are hereby further authorized to file their demands for the actual and necessary expenses in connection with such attendance, such demands to be audited and approved in the usual manner before payment. On roll call, the foregoing resolution was carried by the follora ng vote: AYES: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WILMA I. NIEMAN, CLERK, CITY PLANNING COMMISSION, dated November 18, 1952, transmitting therewith copy of Resolution No. 132, adopted by said Commission at its special meeting held November 6, 1952, which resolution grants a zone variance to Kenneth C. McIlroy to permit the removal of sand from a portion of Rancho Sausal Redondo under certain conditions as more specifically set forth in said Resolution. Following the reading of said communication and said resolution, it was moved by Councilman Baker, seconded by Councilman Swanson, the follow- ing resolution be adopted: RESOLVED, that the communication from the City Planning Commission of the City of El Segundo, dated November 18, 1952, together with copy of its resolution No. 132, hereinbefore re- ferred to, be received and ordered placed on file in the office of the City Clerk for reference; and BE IT FURTHER RESOLVED, that the City Attorney of the City of E1 Segundo is hereby requested to review the contents of said Resolution and make a report thereon to the. Council at a future meeting. Carried by the following vote: Ayes: Councilmen Baker, Noes: Councilmen None; Absent: Councilmen None. Gordon, Peterson, Swanson and Mayor Selby; -2- The City Attorney at this point indicated that he would render an opinion in the very near future on the effect of the resolution adopted by said Planning Commission granting such variance to Mr. McIlroy. WALTER C. PETERSON, CITY CLERK, CITY OF LOS ANGELES, dated November 17, 1952, advising that the Public Works Committee of the City of Los Angeles had submitted recommendations to the City Council of said City at its meeting held November 17, 1952, that communications from the City of Manhattan Beach and the City of El Segundo, approving the construction of a proposed sewage treatment plant at Colorado Street and the Los Angeles River, be filed. Ordered filed. REGIONAL WATER POLLUTION CONTROL BOARD NO. 4, dated November 7, 1952, transmitting therewith copy of said Board's resolution No. 52-4, which waives the reporting of family dwelling sewage disposal system discharges in the City of El Segundo, inasmuch as said Board is of the opinion the City of El Segundo is operating under ordinances controlling the con- struction and operation of family dwelling sewage disposal installations which meet any requirements which said Board might establish. Ordered filed. None. ORAL COMMU14ICATIONS REPORTS OF STAKING COMMITTEES v __ Public Safety Commissioner Swanson, reporting in the matter of a complaint heretofore registered by Mr. James H. Van Norman that, in his opinion, persons are deliberately parking cars on the west side of Loma Vista Street in a careless manner which cuts down parking spaces on said street, advised that he and the Chief of Police had made a survey of the situation and the Chief of Police had agreed to talk to the parties who might be guilty _of careless parking, in an effort to secure their cooperation in the matter. REPORTS OF OFFICERS AND SPECIAL COMMITTEES The City Clerk reported as follows: 1. That on October 163 1952, a Police car of the City of E1 Segundo had been damaged by an auto driven by Albert M. Arnold, the cost of repairing which had amounted to $29.01; that she had received from Northwestern National Insur- ance Company a communication.dated November 13, 1952, transmitting therewith a release to be executed by the proper officials of the City of E1 Segundo, in said amount,,covering claim filed by the City against Mr. Arnold to reimburse the City for the cost of repairing said police car. Moved by Councilman Gordon, seconded by Councilman Baker, the following resolution be adopted: RESOLVED, that the City Clerk of the City of El Segundo be and she is hereby authorized and directed to execute on behalf of said City, that certain release in favor of Albert M. Arnold, releasing said Albert M. Arnold from all claims in connection with damage to a police car of the City of El Segundo incurred in a collision at 406 East Sycamore Avenue, El Segundo, on October 16., 1952, and to thereafter make delivery of said release in due course. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. 16'7 V 168 2. That on Friday, November 21, 1952, a meeting of the Municipal Finance Officers? Association of Southern California, will be held in Inglewood; that inasmuch as these meetings are primarily for City Clerks and City Treasurers, she requested permission for the City Treasurer and the City Clerk of the City of El Segundo to attend said meeting. Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that the City Treasurer and the City Clerk of the City of El Segundo be and they are hereby authorized to attend the meeting of the Municipal Finance Officers? Associa- tion of Southern California, to be held in Inglewood, Friday, November-21J. 1952; and BE IT FURTHER RESOLVED, that said officials be and they are hereby further authorized to file their demands for their actual and necessary expenses in connection with such attendance, such demands to be audited and approved in the usual manner be- fore payment. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. 3. Presented for the Councilts consideration Pipe Line License pre- pared by the Atchison,Topeka and Santa Fe Railway Company, granting per - mission to the City of El Segundo to construct one 811 pipeline at the corner of Aviation Boulevard and Rosecrans Avenue, which form of pipeline license she stated the City Attorney had approved as to form. Moved by Councilman Gordon, seconded by Councilman Swanson, the follow- ing resolution be adopted: RESOLVED, that the communication from R. M. Champion, Superintendent of The Atchison, Topeka and Santa Fe Railway Company, dated November 5, 1952, in re File 250 -3 relating to a water pipe line on the property of the Railway Company at the corner of Aviation Boulevard and Rosecrans Avenue, be re- ceived and filed in the office of the City Clerk, together with a copy of the Pipe Line License therein referred to, and that said communication and form of license so on file be referred to and by this reference incorporated herein and made a part hereof; and BE IT FURTHER RESOLVED, that the City Council of the City of El Segundo does hereby approve said form of Pipe Line License and does hereby authorize and instruct the Mayor of said City to execute the same on behalf of said City and in its name, and the City Clerk to attest the same, affix the City seal of said City thereto, and make delivery thereof in due course. Carried by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Director of Public Works Short reported as follows: 1. Presented for the Councilts consideration form of service agree- ment between the City of El Segundo and the Burroughs Adding Machine Company, =4- V 169 covering the servicing by said Company of the Burroughs Adding Machine owned by the Water Department of said City. Said agreement appearing to be in usual form, and having the approval of the City Attorney, it was moved by Councilman Baker, seconded by Council- man. Peterson, the following resolution be adopted: RESQLVED, that a copy.of that certain !'Service Agreement" between the Burroughs Adding Machine Company and the City of El Segundo, be placed on file in the office of the City Clerk; that said form is hereby approved by this Council, and the City Clerk be and she is hereby authorized to execute and make delivery thereof on behalf of the City in due course. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. City Attorney Woodworth made reports as follows: 1. "Mr. Chass of the Air Pollution District offices called me on the telephone this morning with reference to the letter we had written to the District submitting the question as to whether or not the District had jurisdiction in municipal matters. 1THe stated he was calling to let me know that the question had been referred to the office of the County Counsel for a ruling and up to this time a ruling had not been received. "He wished me, however, to assure the Council that the District was definitely in the picture and would continue to do everything within its power to bring about relief from the Hyperion odor and bubble nuisances. rtHe stated that in the past there had been some ambiguity with refer- ence to the definition of the work ttpersontt under certain sections of the Health and Safety Code as compared to the definition of the word 11persontr in the rules and regulations of the District. Notwithstanding the ambiguity, however, he stated the District fully intended to cooperate in the matter and would advise us as soon as the County Counselts opinion had been rendered. "He manifested a very cooperative attitude. I told him that if there was any ambiguity in the definitions after the County Counsel had ruled on the matter, the City of El Segundo would undoubtedly take steps to have the law amended at the coming session of the California legislature so as to remove any possible question about the right of the District to act in the premises. He then repeated his previous statement that regardless of any uncertainty, the District would nevertheless vigorously seek to eliminate the air pollution features from the Hyperion plant and that within the last few days two of their representatives had visited the plant in person in line with such action. TAI thanked him for his call and for the cooperation promised, and said we would appreciate it very much if he would advise me as soon as the County Counselts opinion was received. JfWhen I finished -my conversation, Assemblyman Chapel came in the office for a visit and I, at that time, stated to him the City might possibly, de- pending upon developments, have some legislation to introduce at the coming session. He stated he would be most happy to cooperate with the City in any- thing that it was introducing, if desired, and wished me to convey to the Mayor and Council his best regards.11 Following the rendering of the report by the City Attorney on the matter of Air Pollution, Mayor Selby stated he had on Monday of this week, had a -5- V 1'70 conference with Mr. Nash, President of the Board of Public Works of the City of Los Angeles, and Councilman Timberlake of said City, re- specting the matter of the Hyperion nuisance, and each had assured him the City of Los Angeles was doing everything in its power to alleviate the odor and smoke nuisances, and that during the recent past the-State Board of Health had had representatives at the Hyperion plant for the purpose of making a study of the contents of the bubbles emanating from said plant. Mayan Selby further stated that Mr. Nash had assured him he would keep the City of El Segundo advised of the progress being made in the matter. 2.r Presented to the City Clerk for presentation at the proper time, form of resolution amending the Salary Resolution to provide for Assistant Chief of Police. UNFINISHED BUSINESS The City Council at this time considered the matter of the amended application of the Pacific Electric Railway Company before the Public. Utilities Commission of the State of California for a further increase in its rates and which matter had come before it at its last regular meeting. City Attorney Woodworth advised the Council that he had this date checked with Mr. Lawton, Assistant City Attorney of the City of Glendale, who had previously acted as coordinator in a joint action of cities pro- testing certain increases requested by the Pacific Telephone and Telegraph Company; that Mr. Lawton had advised him that the City of Glendale had re- ceived a copy of the amended application; that said City?s rate experts had figured the said increase would average 35% over the entire system, but in some areas the increase would be as high as 75 %; that Mr. Lawton knew of no concerted action being taken by Cities at this time to resist the applica- tion. of Pacific Electric Railway Company and will not know that Cityts position until a full report from its Public Utilities division is made; that in his opinion, when the hearing is held on December 3rd before the Public Utilities Commission, additional time nay be granted protestants to study evidence and to present rebuttal at a future date. Mr. Woodworth informed the Council that this was an interim report only and following a meeting of the City Attorneys? Group to be held in the near future he would undoubtedly have further information to present to the Council on the subject. PAYING BILLS The following demands, having had the approval of the Cornittee on Finance and Records, were read: Ruth Hopp, it rr rr r► rr rr rr rr rr n rr rr General Fund City Treasurer $2,343.44 it rr 2,564-64 it rr 1,462.57 rr it 1,427.01 rr It 1,925-37 rr it 1,369.02 " it 9.75 State Employees? Retirement System 1,120.87 Hospital Service of Southern California 268.40 Pacafic Tel. & Tel. Co. 12.13 So -Cal Equipment & Supply 3.16 Taylor Wholesale Electric 2.63 A. M. Donaher & Co. 5.17 Southern Calif. Gas Co. 58.42 (Continued) iii General Fund - Cont?d City of El Segundo Water Department $140.45 Los Angeles County Health Department 21.64 G. J. Payne Company Inc. 18.35 Southern Calif. Edison Co. 1,929.99 City of E1 Segundo Water Department 883.52 Robert L. Sobraske 25.00 Glen E. Walters 24.00 E. C. Illingworth 105.00 Wesley T. Anderson 87.00 E1 Segundo Furniture Co. 11.43 Gordon Duff 10.42 Neva M. Elsey, City Clerk 11.76 Albert 0. Graves 42.00 TOTAL $ 15,888.24 Traffic Safety Fund Automobile Club of Southern California $ 58.05 TOTAL 58.05 Pension Fund State Employees' Retirement System; $847.29 TOTAL $847.29 Water Works Fund Howard Supply Company x22.53 Renssalaer Valve Company 119.07 Pacific Tel. & Tel. Co. 20.00 Clark Trobough 980.00 Howard Supply Company 96.05 West Basin Municipal Water District 5,951.40 v Water Works Fund - Cont'd Payroll Demand $ 2,172.62 Ruth Kopp, City Treasurer 304.90 it if it it 6.25 Hospital Service of Southern California 7.95 State Employees? Retirement System 145.21 State Empl6yees? Retirement System 128.94 Park.Son, Inc. 55.62 Hersey Mfg. Co. 515.00 Mefford Chemical Company 381.10 Clark Trobough 607.00 Vernon Paving Company 87.05 El Segundo Press 92.96 City of El Segundo 627.34 Donald R. Short, Petty Cash 16.17 TOTAL $ 12,337.16 Moved by Councilman Gordon, seconded by Councilman Baker, 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: Councilman Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. NEW BUSINESS Mayor Selby at this time stated that the Council felt it desirable to create the position. of Assistant Chief .of Police for the City of E1 Segundo, and that the appointee to such position might take over the work of further organizing the Civilian Defense work for the City. It was thereupon moved by Councilman Swanson, seconded by Councilman Peterson, that Resolution. No. 1266, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLUTION NO. 1214 (THE SALARY AND COMPENSA- TION RESOLUTION) OF SAID CITY BY ADDING A NEW CODE NUMBER, TO BE KNOWN AS "36.1 ASSISTANT CHIEF, POLICE DEPARTMENT?', TO SUBDIVISION 2 OF SECTION 1 OF SAID RESOLUTION NO. 1214, AS AMENDED., which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. The City Clerk thereupon read to the Council a conurunication from T. -B. DeBerry, Chief of Police of the City of E1 Segundo, dated November 19, 1952, recommending that the leave of absence heretofore granted Vernon LeRoy Wood be terminated as of midnight, November 30, 1952, and that said Vernon. LeRoy Wood be reclassified from Captain of Police to Assistant Chief of Police, effective as of, on and after the lst day of December, 1952. It was thereupon moved by Councilman Swanson, seconded by Councilman Baker, the following resolution be adopted: -7- 171 U V 1'72 RESOLVED, that the leave of absence, heretofore granted Vernon LeRoy Wood, be terminated as of midnight, November 30, 1952; and BE IT FURTHER RESOLVED, that said Vernon LeRoy Wood be reclassified from Captain of Police to Assistant Chief of Police of the City of El Segundo, such reclassification to be effective on the 1st day of December, 1952, and that said appointee shall be compensated for his services in such capacity in accordance with the provisions of the Salary Resolution of the City of E1 Segundo. Carried by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent :. Councilmen None. At this point Assistant Civilian Defense Director Donald R. Short tendered his resignation as such Assistant Director, due to the increase of work in his capacity as Director of Public Works for the City of El Segundo, and requested that such resignation be effective as of midnight, November 30, 1952• Moved bar Councilman Baker, seconded by Councilman Peterson, the following resolution be adopted: RESOLVED, that the resignation of Donald R. Short, as Assistant Civilian Defense Director of the City of El Segundo, be and the same is hereby accepted, such resignation to be ef- fective at midnight, November 30,'1952. Carried by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Moved by Councilman Peterson, seconded by Councilman Swanson., the following resolution be adopted: RESOLVED, that effective on and after the 1st day of December, 1952, Vernon LeRoy Wood be and he is hereby ap- pointed Assistant Civilian Defense Director for the City of E1 Segundo, to serve in such capacity without compensation. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen. None. Councilman Gordon stated that his attention had been called to a bad condition existing in Concord Place at Sycamore Avenue following the recent rains, and he requested that the Director of Public Works be authorized to make a survey of said condition and cause same_to be improved. Thereafter, it was moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that the Director of Public Works of the City of El Segundo, be and he is hereby authorized to make a survey of the condition of the roadway on Concord Place near Sycamore Avenue, and to take such action to cause the improvement thereof as he deems advisable, or in his discretion to make a further =8= f . n report thereon to the City Council at its next regular meeting. Carried. Water Superintendent Short reported receipt from West Basin Municipal Water District of an invoice covering water consumed by the City of El Segundo through its master meter for the month of October, 1952, which statement contained a surcharge for losses in the Metropolitan System upstream from the City's said meter. Ms. Short advised the Council that he had forwarded a letter to Mr. Carl Fossette, Executive Secretary of the West Basin Water District, advising him that the City cannot accept re- sponsibility for such loss and had informed him that it was the City's intention at this time not to pay such surcharge until the matter can be settled to the satisfaction of the City. No further business appearing to be transacted at this session, it was moved by Councilman Peterson, seconded by Councilman Gordon, that the meeting adjourn until Tuesday, November 25, 1952, at the hour of 12:00 o'clock noon. Carried. Approved: yi.i i .i✓ �i_. � mac_ �� Mayor �_ Respectfully submitted, Neva M. Elsey, City Clerk V 173