Loading...
1953 MAR 18 CC MINV 335 El Segundo, California March 18, 1953 - 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 11th day of March, 1953, having been-read,, and no errors or omissions having been noted, it was moved by Councilman Baker, seconded by Councilman Peterson, 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: IMPERIAL HIGHWAY ASSOCIATION, being notice of its next meeting to be held at Yorba Linda, on Saturday, March 28, 1953• No member of the City Council desiring to attend said meeting, the communication was ordered filed. PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIA, being amendment to Application No. 33935 of The Pacific Telephone and Telegraph Company for authority to increase certain intrastate rates and charges. Ordered filed. REUBEN G. HUNT, REFEREE IN BANKRUPTCY, UNITED STATES DISTRICT COURT, being notice of meeting of creditors in the matter of Superior Casting Company, Inc., a California corporation in bankruptcy. Ordered filed. SOUTH BAY HUMANE SOCIETY, dated March 12th, 1953, requesting it be given consideration when the City again advertises for dog pound service. By general consent, the communication was taken under consideration and the matter referred to the City Clerk with instruction to obtain cer- tain information with respect to the pound service being presently fur- nished by said Society, and to report thereon to the City Council at a later date. LEO B. FREEDMAN, CHIEF, EL SEGUNDO FIRE DEPARTMENT, dated March 17, 1953, advising that he had accepted the resignation of Robert D. Brodie as a Fireman in said Department, effective 8 :00 o'clock P. M., March 16, 1953• Moved by.Councilman Swanson, seconded•by Councilman Baker, that the. action of the Chief of the E1 Segundo Fire Department in accepting the resignation of Robert D. Brodie as a Fireman in said Department, such resignation being effective 8:00 o'clock P. M.J. March 16, 1953, be and the same is hereby ratified, confirmed and approved. Carried. ORAL COMMUNICATIONS Mr. W. M. Smith, residing at 307 East Walnut Avenue, addressed the -1- V 336 Council respecting subdivision of 185 feet of property owned by him on Pepper Street, which he desires to divide into three 45 -foot lots and one 50 -foot lot, and that it was his understanding that the Council had recently adopted an ordinance prohibiting division of lots with less than 50 -foot frontage. Mayor Selby explained to Mr. Smith the provisions of the resolution recently adopted by the City Council and stated the Building Inspector had been given instructions not to give permits for building on lots less than 50 -foot frontage. He inquired if Mr. Smith desired to place the matter before the Council for consideration at this time and Mr. Smith replied in the negative, inasmuch as he is not yet ready to build on said lots. Mayor Selby then advised Mr. Smith of the pending adoption of a new zoning ordinance which would limit lot frontage to not less than 50 feet, and stated that Mr. Smith could have his parcels recorded prior to the adoption of said ordinance. Mr. George Clark addressed the Council at this time respecting the matter of a retaining wall presently constructed on the westerly side of property at 647 West Palm Avenue, owned by his mother -in -law, Mrs. McCreary. He stated that he had, on' behalf of Mrs. McCreary, had the wall inspected by a Structural Engineer and Architect, Mr. Chester Smith, and said person had confirmed the report made by the engineer employed by the City of El Segundo to perform the same work, i.e., that the wall is not structurally safe; that the person who constructed said wall claims the wall could be replaced with earth or the wall left standing and earth placed against the wall on his side; and inquired whether or not this matter had been taken up with-the' -City Council and the Mayor replied that so far as he knew, it had not. The Building Inspector stated that Mr. Art Kastler, the person who constructed said wall, had talked with him respecting this method of handling the matter and he had advised him to consult with Mrs. McCreary respecting same, and to again take the matter up with the Building Inspector, which Mr. Kastler had not yet done. Mr. Clark then inquired whether or not the City Prosecutor will issue a complaint against the violator. Mayor Selby stated this was the first he had heard of the matter since it was presented to the Council at its meeting held February 11, 1953. Considerable discussion ensued between Mr. Clark, the City Attorney and members of the City Council respecting various methods by which the matter could be handled, and Mr. Clark read to the Council various communications and excerpts from the Building Code which he felt had bearing on the subject. It was explained to Mr. Clark that should the City issue a complaint in the matter, it would have to be issued against Mrs. McCreary inasmuch as she is the owner of the property on which the wall is constructed. Mrs. Peggy Sullivan, who is the daughter of Mrs. McCreary, stated that Mrs. McCreary's attorney, Mrs. Marjorell Diner Melaine, had stated she felt a form of release might be secured for Mrs. McCreary which would release her from any obligation in the matter. City Attorney Woodworth requested Mrs. Sullivan to have Mrs. Melaine call him and inform him as to what procedure she has in mind, and thereafter Mayor Selby stated he felt nothing further ,could be done.in the matter at this time, until the results of the conference between Mr. Woodworth and Mrs. McCreary's attorney could be made known. Mr. Russell Todd, 635 Center Street, addressed the Council, stating a wall had been constructed either on his property line or adjacent to same, a portion of which is retaining wall and some portion of which is over six feet; that no building permit was obtained and that the Building Inspector �� V had stated such wall had been erected in violation of City ordinance and should be torn down. Mr. Todd stated he had made an agreement with the person who erected the wall that he would pay one -half of the cost thereof, but when he discovered the wall did not meet specifications, he had refused to pay his portion of the cost; that a suit had been.filed against him in Small Claims Court and a judgment obtained. He stated he felt the City should compel the person who erected the wall to tear same down and if reconstructed, it should be constructed in accordance with City specifications. Thereafter, by general consent, the matter was referred back to the Building Inspector for administrative handling. REPORTS OF STANDING COMMITTEES Public Service Commissioner Baker stated he had meet with the Planning Commission on Tuesday night at which time he had taken up various changes recommended in the proposed zoning ordinance by members of the City Council, the City Clerk and the City Engineer; that at said meeting considerable work had been accomplished and that the Planning Commission was endeavoring to make corrections in the proposed zoning ordinance in accordance with recom- mendations made by Councilman Baker. Public Safety Commissioner Swanson made reports as follows: 1. That a traffic survey had been made by the Police Department at the intersection of Grand Avenue and Whiting Street during the peak traffic period of the day, which survey indicated the largest number of pedestrians crossing Grand Avenue at Whiting Street at such time ;was: fourteen; that no violations of pedestrian right-of-way by vehicles had been noted at said intersection; that he had recently talked with Mr. Lew Arnold, of the Engineer- ing Department of the City of Los Angeles, who had informed him it was the in- tention of the City of Los Angeles to straighten out Grand Avenue over the hill to Vista Del Mar and also to improve Imperial Highway to Vista Del Mar, which will take the greater portion of traffic off of Grand Avenue through the City of El Segundo; that in view of the foregoing it is recommended that no boulevard stop sign be erected on the easterly and westerly intersection of Grand Avenue with Whiting Street at this time. 2. That he had attended a meeting of city officials held at Sacramento, on Thursday, March 12th, as representative of the City of El Segundo, at which meeting Senate Bills Nos. 1575 and 1344 were discussed, which bills have for their subject the matter of a Uniform Sales Tax throughout the State of California; that as a result of said conference, it had been recom- mended that an amendment be added to Senate Bill No. 1344, known as the "Burns Bill". to provide that a uniform one -cent sales tax be levied in all cities and unincorporated areas in addition to the present three -cent State Sales Tax, the one -cent tax to be collected by the State and the entire one- cent collection to be remitted to cities and counties. Mr. Swanson further stated that it would appear that the matter of imposing a sales tax on cities and unincorporated areas was being urged by the Retail Merchants Association and that when a vote was taken of those present to ascertain their attitude with respect to the levying of such a tax, his was the only "not' vote. Councilman Gordon stated that, in his opinion, each individual city should be allowed to make its own decision as to whether it has a sales tax or not and this is a matter which he feels b e state should not enter into. Other members of the Council expressing themselves likewise, it was moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: WHEREAS, the City Council has received a report from Councilman Swanson, the City's representative at the confer- - -3- .q� 337 V 338 ence held in the City of Sacramento, March 12, 1953, on the subject of Sales and /or Use Taxes, which meeting was called by the League of California Cities; and WHEREAS, this Council has considered the subject of said Sales Taxes and pending amendments to the Sales and Use Tax Law of the State of California, and the report of its repre- sentative with reference thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, as follows: First: That said City Council does hereby most stren- uously oppose any amendment which would have the effect of imposing a sales or use tax in the City of E1 Segundo without the consent and approval of its legislative body, as the Council believes that such matter, so far as the Cities are concerned, is a matter of local option. Second: That in the event the views.-of the City of El Segundo, as hereinabove expressed, are not complied with and it appears an amendment is to be made, then and in that event, the City of E1 Segundo would favor Senate Bill No. 13". introduced by Senator Burns, provided that the same be amended as suggested at the said Conference to provide that the entire additional sum of one -cent collected within the cities be remitted without deduction to the respective cities, and that the additional amount of one -cent collected in the unincorporated areas in the Counties of the State, be remitted without deduction to the counties in which such respective unincorporated areas are located. Third: That the City Clerk is instructed to forward a certified copy of this resolution to the following: Senator Hugh M: Burns, The League of California Cities, Senator Jack B. Tenney, Assemblyman Charles E. Chapel and the California - Ret,ail6rs t Association for their information and use in the premises. 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. REPORTS OF OFFICERS AND SPECIAL COMMITTEES The City Clerk made reports as follows: 1. Reported the resignation of Wilma Nieman as Secretary of the Planning and Building Departments, effective March 20, 1953• Moved by Councilman Baker, seconded by Councilman Swanson, that the resignation of Wilma Nieman as Secretary for the Planning and Building Departments of the City of E1 Segundo, effective March 20, 1953, be and Y the same is hereby accepted. Carried. 2. Reported the appointment of Eunice Creason as Stenographer-Book- keeper in the Planning and Building Departments of the City of E1 Segundo, such appointment to be effective March 23, 1953• Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that effective March 23, 1953 and until t1}e further order of this Council, Eunice Creason be and she is hereby appointed to the position of Stenographer - Bookkeeper -4- V 339 in the Planning and Building Departments of the City of E1 Segundo, such appointee to be compensated for her services in connection with such position in accordance with the pro- visions of the Salary Resolution of the City of E1 Segundo. Carried by the following vote: Ayes: Councilmen Baker, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Gordon, Peterson, Swanson and 3. That she had been advised by a member of the Civil Air Patrol, California Wing, that it 'desired to discontinue the use of Lot 17, Block 7, presently under lease to said Patrol by the City, on March 31, 1953, and she inquired whether the Council wished to advertise said lot for sale. By general consent the Council agreed to meet at some date in the near future and make an appraisal on said lot before advertising it for sale. Moved by Councilman Baker, seconded by Councilman Swanson, the follow- ing resolution be adopted: RESOLVED, that the current lease between the City of E1 Segundo and the Civil Air Patrol, California Wing, with reference to Lot 17, Block 7, be cancelled and terminated as of midnight, March 31, 1953; and BE IT FURTHER RESOLVED, that the City Attorney be and he is hereby authorized and instructed to prepare the necessary form of mutual cancellation and termination of agreement accordingly, and that the Mayor and City Clerk be authorized and directed to execute such form of mutual cancellation and termination of agreement, and to make delivery thereof in due course. Carried by the following vote: Ayes: Councilmen Baker, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Gordon, Peterson, Swanson and 4. Read to the City Council a communication received by Leo Freedman, Chief of the E1 Segundo Fire Department, from L. N. Curtis and Sons, dated march 16, 1953, in which said Company agreed to replace the present differ- ential in the Maxim Pumper ow ned bythe City, with a new differential, which new differential has a lower gear ratio and would give the Pumper more power which is needed due to the heavy load carried thereon, the only cost of such exchange to the City being the cost of installation and the trans- portation charges. Public Safety Commissioner Swanson stated the Fire Chief had talked with him and he would recommend the exchange be made. Thereafter, it was moved by Councilman Peterson, seconded by Councilman Swanson, -the follow - ing resolution be adopted: RESOLVED, that the offer of L. N. Curtis and Sons to make an exchange of the differential gear presently in the Maxim Pumper, owned by the City of E1 Segundo, for a new gear, without . charge to the City therefor with the exception of installation _ in the truck of the new gear and transportation charges to and from Oakland, California, on the old and new gears, be and the same is hereby accepted; and _ -5- V 340 BE IT FURTHER RESOLVED, that the details in connection with such transfer be referred to the Chief of the Fire De- partment and the Superintendent of Mobile Equipment of the City of El Segundo. 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. That he had a discussion with Mr. Flewelling with respect to any proposal he might make for handling planning and supervision of con- struction of a proposed new warehouse, and Mr. Flewelling had informed him he would be willing to perform such work on either a percentage basis of six percent or on a time basis, which is the same basis on which he was employed for preparation of data and plans. Discussion was had by members of the Council, following which the Director of Public Works was authorized to inform Mr. Flewelling that the City was willing to enter into a contract with him for the performance of such work on a time basis. City Attorney Woodworth reported as follows: 1. That pursuant to understanding had between him and members of the City Council, he had prepared an "In Memoriam„ to Raymond V. Darby, which he was delivering to the City Clerk for presentation at the proper time. 2. -That to date he has heard nothing further from the City of Pasadena with respect to plans and budget it might have prepared in con- nection with the costs involved in filing a protest against the applica- tion of The Pacific Telephone and Telegraph Company for increase in rates; that one City only, the City of Beverly Hills, has indicated its desire to participate in some form of protest against such increase. UNFINISHED BUSINESS At this time consideration was given to the request of Mr. Robert KennWthat he be granted permission to divide a portion of Lot 9, Block 114, E1 Segundo, into four lots having frontage of 40.77 feet only. - Various members of the City Council indicated they had inspected the ground and indicated their ideas in connection therewith, as follows: Councilman Peterson stated he is not in favor of granting the request for the reason that the construction of four dwellings on narrow lots will not conform to existing improved property across the street, also that he feels the City Council would be creating precedent contrary to its resolu- tion heretofore adopted. Councilman Swanson stated he was sympathetic with.Mr. KenrW in that his plans had been in process of preparation when the Council's resolution was adopted and believes this factor should be'.taken into consideration. Councilman Baker stated he could see no reason .why the property should not be divided into three lots instead of four and nicer homes built thereon. Councilman Gordon stated that he was of the same opinion as that ex- pressed at the last Council meeting, and that he is in favor of granting the request. �� V 341 Mayor Selby questioned Mr. Kenr-W as to the type of homes he anticipates erecting on said lots, and Mr. Kenrty informed him the houses would be just as desirable construction as those on the opposite side of the street. Mayor Selby then stated he was inclined to agree that Mr. Kenney had been caught in a "squeezer+ at the time the City Council adopted its resolution, but he is not in favor of setting a precedent. After further discussion, it was moved by Councilman Gordon, seconded by Councilman Swanson, the following resolution be adopted: RESOLVED, that the application made to this Council by Mr. Robert KenTeyfor permission to divide the southerly portion of Lot 9, Block 114, El Segundo, into four parcels fronting on Mariposa Avenue, the frontages of said respective divided par- cels to be 40.77 feet each, be and the same is hereby approved, and the Building Inspector is authorized to issue building per- mits for structures upon said respective parcels in accordance with ordinance provisions; that in adopting and in granting this particular request the City Council does so under the special and peculiar circumstances which obtain in connection with this particular application and the steps and procedures which had been taken by the applicant in connection with said proposed division prior to the adoption by the City Council of its resolution of February 18, 1953, and this action is not to be construed as a precedent in any sense as the City Council reserves the right to consider and act upon each individual application in accordance with its own merits and facts. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Swanson and Mayor Selby; Noes: Councilmen Baker and Peterson; Absent: Councilmen None. PAYING BILLS The following demands, having had the approval of the Committee on Finance and Records, were read: General Fund Conttd - General Fund Pacific Tel. & Tel. Co. 28.35 Grimes Stassforth Sta. Co. $81.69 it n it ++ r+ 232.70 Ruth Hopp, City Treasurer 2,636.31 Bancroft Whitney Company 17.00 n n n n 2,826.08 So. Calif. Edison Co. 3.75 n ** '* " 1092.87 Imperial Highway Association 5.00 n n n ** 1,689.89 Causby L. Watson 12.00 n n ++ n 2,201.69 Walter W. Swanson 33.95 n ►+ ++ TM 1,617-70 Inglewood Citizen 10.50 rr rr n n 9.75 Evening Outlook 5.26 State Employees' National Fire Protection Retirement System 1,240.03 Association 1.00 Hospital Service of Jack T. Gee 182.50 Southern California 276.75 Title Ins. & Trust Co. 14.00 Industrial Stationery & A. M. Donaher & Son 8.18 Printing Co. 33.76 Gibson Motor Parts 22.72 TOTAL $17099.74 Bertelen Products Mfg_. Co. 106.61 ..Kelly Pipe'Company 237.08 Pension Fund Vernon L. Wood 7.15 State Employeest City of E. S. Water Dept. 18.47 Retirement System $ 945- L. A. Co. Health Dept. 24.20 TOTAL 945.99 Building Code Pub. Co. 10.96 L. E. Rabjohn, Inc. 193.13 Water Works Fund So. Calif. Edison Co. 2,014.76 Payroll Demand 2,143.82 NoxWeed 203.95 Ruth Hopp, City Treasurer 291.80 (Continued) (Continued) V 342 Conttd - Water Works Fund Transport Clearings 9.34 Ruth Hopp, City Treasurer 6.25 Hospital Service of So. Cal. 7.95 State Employees' 20.21 Retirement System 154.74 State Employees' 6.18 Retirement System 138.94 West Basin.Municipal 538.69 Water District 5,949.30 Howard Supply Co. 32.55 Reliable Iron Foundry 185.33 Donald R. Short, Petty Cash 19.76 - y (Continued) Conttd - Water Works Fund Century Oil Company $38.76 L. A. Paving Co. 87.17 Gar Wood Industries, Inc. 20.21 Booth's Garage 5.00 Kelley's Truck Parts 6.18 Park Son, Inc. 55.62 City of El Segundo, Cal. 538.69 Luippold Engineering Sales 50.99 Southern California Disinfecting Co. 13.37 Smith - Blair, Inc. 178.46 TO'T'AL 9P934.23 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 Baker, Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Gordon, Peterson, Swanson and NEW BUSINESS Councilman Baker recommended that in view of the fact that the Building Code and Fire Zoning Ordinances are being held up pending adoption of the Zoning Ordinance, that the City Attorney be authorized to prepare an ordinance requiring the owners or builders of all cement block fences to procure a permit from the Building Inspector, and to submit a design to meet the Building Code requirements. By general consent, the City Attorney was instructed to prepare such ordinance in accordance with data to be furnished by the Building Inspector, and thereafter to present same to the City Council for its consideration. Mayor Selby at this time stated he felt it would be appropriate to adjourn the meeting in memoriam Raymond V. Darby, former Supervisor of this District who passed away on March 5, 1953, and he requested a motion be made to this effect. Councilman Gordon suggested that the .usual procedure be dispensed with and Mayor Selby be requested to move the adoption of such a resolution. It was thereupon moved by Mayor Selby, seconded by Councilman Gordon, that the following resolution be adopted: '?IN MEMORIAM RAYMOND V. DARBY WHEREAS, on March 5, 1953, Raymond V. Darby, esteemed Super- visor from the 4th Supervisorial District of Los Angeles County, California, completed his tour of mortal service; and WHEREAS, by virtue of his personal friendliness, ability, understanding, integrity and his honesty and worth as a pudic official in•high office he has endeared himself, not only to the Mayor and Members of the City Council of the City of E1 Segundo, but also to its officers, employees and its citizens generally; NOW.. THEREFORE, let this memorial to Raymond V. Darby be forever chronicled upon the official records of this City: - - He came from his native State of Kansas while yet a young man and established his home in our neighbor- ing City of Inglewood where, after a short time, he -8- became a member of its City Council and then, there- after by election and re- election served as its Mayor for more than a decade. - - Observant, studious and ambitious, he invested in his municipal service, not only his very considerable native ability, but also the great store of knowledge and wisdom he acquired by diligent study, wide association and practical experience. - - Recognizing in him a trustworthy and able public servant, the electors of the 4th District of Los Angeles County, by their votes, chose him as their Supervisor and elected and re- elected him to that important and powerful office of which he was the incumbent at the time of his passing. Many magnificent features, developments and improvements, not only of his own city of Inglewood, but of the great County of Los Angeles as well, may be directly traced to the foresight, initiative and action of Raymond V. Darby. - - The members of the Masons, the Elks and the American Legion knew him as a brother and comrade whose fraternal acts, benevolences and relationships were not confined to the few, but extended to the many. - - Daily appeal to his God for wisdom and guidance was his acknowledged practice and loyalty to his church was evi- denced by more than verbal declaration. - - Courage in crisis was with him a pronounced attribute no matter what the odds or opposition. - - He was truly an active, capable, sincere and respected official and executive. - - To his bereaved wife, Ivy, his two fine sons and two devoted daughters and to his relatives, this Council extends sincere sympathy from all of the officials and people of the City of E1 Segundo. - - Of Raymond V. Darby it can truly be said, ftWell done thou good and faithful servant." Ordered In.Memoriam at E1 Segundo, California, this 16th day of March, 1953• (SEAL) ATTEST: City Clerk.?' Mayor Members of the City Council of the City of E1 Segundo, California. V 343 V 344 The foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilmen None. Following the adoption of the foregoing resolution, the City Clerk thereupon declared the meeting adjourned In Memoriam Raymond V. Darby. Respectfully submitted, Approved: Neva M. Elsey, City Cle k Mayor 1( -