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1954 JAN 27 CC MINV '754 E1 Segundo, California January 27, 1954 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: Gordon, Peterson, Swanson and Mayor Selby; Councilmen Absent: Baker. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular meeting held on the 20th day of January, 1954, having been read, and no errors or omissions having been noted, it was moved by Councilman Gordon, seconded by Councilman Swanson, the minutes of said meeting be approved as recorded. Carried. SPECIAL ORDER OF BUSINESS Mayor Selby announced that this was the time and place heretofore fixed for the continued public hearing under the provisions of the Zoning Ordinance of the City of El Segundo, on the application of North American Aircraft, Inc. for approval of unclassified use in an M -2 zone of a parcel of land situated in Section 7, T3S, R14W, S.B.B. & M., bounded on the east by Douglas Street, on the west by Duley Road, on the north by Mariposa Avenue, and extending southerly therefrom a distance of 1531 feet, to be used for pro - posed construction of.a wind tunnel for the research and development of air- planes, in the City of E1 Segundo. The Mayor then stated that the sound engineer, to whom had been referred for investigation and report a certain noise design criterion chart, hereto- fore filed by North American Aircraft, Inc., had not as yet had time to com- plete such report, and he recommended the hearing be continued for another week. The Council concurring in such recommendation, it was moved by Council- man Peterson, seconded by Councilman Gordon, that the hearing on the above mentioned application of North American Aircraft, Inc. be continued until the hour of 7 :00 o'clock P. M. at the next regular meeting of the City Council, to be held February 3rd, 1954. Carried. WRITTEN COMMUNICATIONS Written communications, received,from the persons, firms or corporations, he ein f er ed were read to the C il.an were disposed of in the manner inrdlca€e�d, fo owing reference to eac�ii�reinater. T. B. DeBERRY, CHIEF OF POLICE, dated January 27, 1954, advising that North American Aircraft, Inc. has requested permission to place a 1 /21' con- duit from its property to the center of Douglas Street at a point approxi- mately 200 -feet south of Imperial Highway for the purpose of installing a portable traffic signal at this location. The communication further stated that some type of traffic control should be maintained at said location, and said Chief of Police recommended'the application of North American Aviation, Inc..be approved. Public Safety Commissioner Swanson stated he had made an investigation of the matter and said request also had his approval. It was thereupon moved by Councilman Peterson, seconded by Councilman Swanson, the following resolution be adopted: -1- s WHEREAS, there has been presented to the City Council at this meeting, a communication in words and figures as follows: "City of El Segundo INTER -DEPARTMENTAL CORRESPONDENCE Date January 27, 1954 To: Honorable City Council From: Chief of Police Subject: Traffic Control North American Aviation, Inc., has requested permission to run a half -inch conduit from their property to the center of Douglas Street at a point approximately 200 ft. south of Imperial Highway, and also permission to install a portable traffic signal at this location. The Company maintains a crossing at this location which carries a heavy load of traffic, pedestrians, trams, small trucks, etc., between two of the principal segments of their plant. A signal light of this type has proven helpful in reducing the hazard of accidents and expediting the flow of street traffic at other large industrial plants in this area. This connection can best be made by the removal of a 1 -inch strip of paving to allow for the installation of the conduit just beneath the surface of the street. They propose to install an all - weather receptacle flush with the street level so as to present no possible hazard to moving traffic when signal is not in use. If and when the signal is no longer used, they will remove the conduit and replace the pavement. It is, necessary to have some type of traffic'control at this location and it would be difficult to construct a tunnel, due to the physical surroundings. Therefore, I feel that this improvement will greatly facilitate the movement of plant traffic, as well as traffic on Douglas Street. TBD :mcb"; and Very truly yours, /s/ T. B. DeBerry T. B. DeBERRY, Chief of Police WHEREAS, the Chief of Police and the Public Safety Commissioner have recommended that the permit requested in said above quoted com- munication be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,.AS FOLLOWS: 'First: That said communication. be received and placed on file in the office of the City Clerk. Second: That North American Aviation, Inc. is hereby granted permission to place 1/211 conduit from its westerly property line to the center of Douglas Street at a point approximately 200 -feet south of Imperial Highway, and to install a portable traffic signal -2- V 755 V '756 at this location, all of such installations at the location, in the manner and of the nature as contemplated in said above quoted communication, upon and subject to the following condi- tions: (a) That all costs incident to the placement, maintenance, removal and restoration of street surface must be borne by the Permittee and must be made to the satisfaction of the Street Superintendent of the City of E1 Segundo. (b) That the traffic signal must be placed so as not to constitute undue hazard to traffic and must be main- tained at all times to the satisfaction of the Chief of Police of the City of E1 Segundo. (c) That the permission and authority herein granted shall be subject to revocation by the City Council of the City of E1 Segundo at any time, in its discretion, upon forty -eight hours written notice to the Permittee. Third: That this permit shall not become effective unless and until the Permittee shall have signed one copy of this permit, agree- ing to the conditions and provisions therein contained, and shall have filed such signed copy with the City Clerk of the City of El Segundo. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. MRS. EARL A. MOLES, dated January 26, 1954, being application for a permit to move a two - bedroom frame and stucco dwelling and garage from their present location at 832 Center Street, E1 Segundo, to a new location at 637 West Acacia Avenue, in said City. The Building Inspector had noted on said application that the buildings will conform to building ordinances of the City of E1 Segundo and that he would recommend the permit applied for be granted subject to the following conditions: (1) That sidewalks be constructed on said premises; (2) That exterior paint shall be applied to said dwelling and garage; (3) That the completion of removal and placement of said buildings on foundations, the construction of sidewalks, and the application of exterior paint to said buildings shall be completed within 120 days; and (4) That a Faithful Performance Bond in amount of $19000.00 shall be filed with the City Clerk to insure the fulfillment of the required conditions. Moved by Councilman Swanson, seconded by Councilman Peterson, the fol- lowing resolution be adopted: RESOLVED, that Mrs. Earl A. Moles be and she is hereby granted a permit to move a two - bedroom frame and stucco dwelling and garage from their present location at 832 Center Street, E1 Segundo, to the site of the permanent location thereof at 637 West Acacia Avenue, in said City, such permit being granted subject to the following con- ditions: 1. That the applicant, before moving said structure, must post a Faithful Performance Bond in amount of $1,000.00 with a surety satisfactory to the Mayor and in form approved by the - City Attorney, conditioned that each, all and every one of the improvements hereinafter indicated shall be made within a period of 120 days from date of the bond, to wit: -3- v - (a) That sidewalks shall be constructed on said premises. (b) That exterior paint shall be applied to the exteriors of said dwelling house and garage. (c) That the structures must be set down complete in place on permanent foundations and shall be made to conform in all respects to the requirements of the Building, Plumbing and Electrical Codes of the City of El Segundo, and to the satisfaction of the Building Inspector of the City of E1 Segundo. 2. That before such removal shall take place, permittee shall pay to the City of E1 Segundo the requisite fees, make the necessary deposits and file all forms and notices required under the pro- visions of the ordinance of the City relating to moving of structures. 3. That said buildings shall be moved on dollies, or other equip- ment satisfactory to the Street Superintendent of the City of E1 Segundo. 4. That said buildings shall be moved from their present location at an hour and on a date satisfactory to the Chief of Police of the City of E1 Segundo, and along a route satisfactory to the Street Superintendent of the City of E1 Segundo. 5. That the Police Department of the City of E1 Segundo shall be notified at least thirty minutes in advance of the start of such removal operations, so that police escort may be provided therefor, if necessary. .60 That such removal and all operations related thereto shall be prosecuted and completed to the satisfaction of the Street Superintendent and the Chief,of Police of the City of El Segundo. 7. That this permit shall not become effective unless and until the permittee shall have endorsed his approval of and agreement to the terms and conditions above set forth, upon a copy of this resolution and shall have filed the same in the office of the City Clerk. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. STATE BOARD OF EQUALIZATION, dated 1/22/54, being notice of application of John B. Murphy, Jr. and Paul Senjanovich, dba Rose Bowl Cafe and Bowling Alleys, 135 West Grand Avenue, E1 Segundo, for an On Sale Beer license. Ordered filed. STATE BOARD OF EQUALIZATION, dated 1/21/54, being notice of applica- tion of E1 Segundo Junior Chamber of Commerce, 142 Richmond Street, El Segundo, for.an On Sale General licpnse...Orciered filed. CITY OF SANTA ROSA, dated January 6, 1954, being notice of the holding in said City of the Sixth Annual California Recreation Conference, February 14 to 17, 1954. It appearing that Councilman Baker, the City Councilts representative on the Recreation Commission, will be unable to attend said Conference, Councilman Gordon offered to substitute for him. -4- 757 V '758 It was thereupon moved by Councilman Swanson, seconded by Council- man Peterson, the following resolution be adopted: RESOLVED, that Councilman George E. Gordon, Jr. be and he is hereby granted permission to attend the Sixth Annual California Recreation Conference to be held in the City of Santa Rosa, California, February 14th to 17th, 1954; and BE IT FURTHER RESOLVED, that said official be and he is hereby further authorized to present his demand for his actual and necessary expenses in connection with his attendance at said meeting, such demand to be audited and approved in the usual manner before payment. -On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIA, being its decision No. 49565 in Case No. 5495, entitled: "Investigation on the Commission's own motion to establish a list of grade crossings of railroads and city, county, or city and county highways urgently in need of improved protection, and to determine the nature of needed improved protection at such crossings.'f Ordered filed. JAMES JOHN MIKA, dated January 26, 1954; and RUTH EVELYN WELL, dated January 20, 1954, each being an application for employment by the City of E1 Segundo. Ordered filed. ORAL COMMUNICATIONS Mr. Kenneth Ball, residing at 838 Penn Street, addressed the Council, stating he represented Mr. Frank L. West, a property owner in the 800 block of Penn Street, and advised the Council he had filed with the City Clerk a certain document signed by himself and fourteen other property owners in the 800 block of Penn Street, which document requested that said property owners be given certain information as to problems existing on said street due to storm water and erosion. The City Clerk thereupon read to the Council the communication pre- sented by Mr. Ball, which communication reads in full as follows: "January 26, 1954 "TO: HIS HONOR, THE MAYOR, AND CITY COUNCILMEN We, the property owners in the 800 block on Penn Street would like some answers to the problems created by the erection of the hill by Marlow Burns Development Co. Since no problem existed prior to the erection of the hill and since the city engineer and the city planning commission must have approved the hill, the problems are yours to solve. 1. It is our understanding that an agreement in writing was made between Marlow Burns and the city of E1 Segundo that the top of the hill would slope in such a manner as to cause the natural drainage to be on McCarthy Court. 2. We, furthermore understand that the home owners on the west side of McCarthy Court can not alter their property in any manner what -so --ever to cause the drainage to run off the back of their lot on to Penn Street. =5= V 759 3. We also understand that the said bank was to be planted with wild oats and ice plant in suffecient amounts in order to keep the hill from sliding down into the yards below. This obviously has not been taken care of satisfactorily since a survey will show you that much of the hill may now be found in the yards of the houses on the east side of Penn Street. 4. We are all of the opinion that the drainage ditch as in- stalled by Marlow Burns is not adequate and apparently it was a great mistake on the part of the city engineer to approve the ditch as being suitable to handle the amount of drainage that we have had since the hill was built. 5. We are wondering, also, how the so called drainage ditch is to be maintained behind the houses on Penn Street since a house was allowed to be built at 834A Penn on a city easement. 6. The inadequate drainage system that was approved by the city of E1 Segundo has caused flooded conditions in the yards at 837, 841 and 845 Penn Street. 7. Two years ago we were told that when Penn Street was flooded it was necessary to open the storm drain and turn the water to the sewer. You told us that this was not legel and was only used as an emergency measure and yet, knowing well that the drain could not handle the normal water from Sheldon, Walnut, Sycamore, and Maple, will you tell us why you added the burden of the water from McCarthy Court and now the new Imperiel School? It is our understanding that the city council is suppose to act in the interest of the residents of our city so will you please give us satisfactory answers to the above questions and tell us what action you intend to take to correct these conditions. /s/ Kenneth H. Ball, Apartment Manager for West Apts. 838 Penn /s/ Irvin W. & Tessa G. Fleming /s/ Earl & Ritz Van Fleet 834A Penn St. /s/ Mr. & Mrs. Frank Springer 840 Penn St. /s/ Arthur Johnson 832 Penn St. _ /s/ Florence E. Johnson 832 Penn St. /s/ Robert L. Dearth 837 Penn St. . /s/ Florean Dearth 837 Penn St. /s/ R. B. Hamilton 845 Penn /s/ Jack L. Thornton 831 Penn St. /s/ Martha S. Thornton 831 Penn St. /s/ Anna Kenney 860 Penn St. - /s/ A. J. Smith 823 Penn St. /s/ Mrs. Helen Smith 823 Penn St. /s/ Stephen B. Doss 849 Penn St. /s/ Doris M. Clark 816 Penn St. /s/ Herbert T. Clark /s/ Morton E. Coats 818 Penn St. /s/ Beryl E. Coats 818 Penn St. /s/ Harry 0. Jones 817 Penn.St. /s/ Mrs. Alice M. Jones 817 Penn Str.tt, The Mayor referred the matter to Director of Public Works Short for answer, and Mr. Short stated he would answer each question in the order in which it appeared on the documents and thereupon stated as follows: Second paragraph (unnumbered): ttThe statement that no problem existed prior to erection of the hill may possibly be true, but at that time there —6— V '760 was no development in the area easterly of Penn Street and the ground all sloped to the low -lying grounds on Penn Street. If the Engineering Department and the Planning Commission had approved the original plans presented by the subdivider, which held to the original contour of the ground, the problem would have been much more serious in that it would have allowed all run -off to go to Penn Street." 1. "There was no agreement in writing between the City of E1 Segundo and Marlow Burns Company, the only agreement being in the form of maps and plans which the City approved and to which the subdivider conformed. At the time the subdivision was completed and accepted, such plans provided that all storm water easterly of Penn Street would drain to McCarthy Court and the only area which would drain westerly to Penn Street was the embank- ment itself.?? 2. "This is a legal question but betore referring it to the City Attorney it would be my observation that physically anyone can do anything to his own property but when he changes contours and grades, he must accept responsibility for any damage caused by such change. The trouble encountered during the recent storm was due entirely to the fact that some property owners on McCarthy Court diverted storm water over the bank to Penn Street and did not allow it to flow in accordance with the plan submitted by the subdivider." City Attorney Woodworth then stated that, in his opinion, the parties damaged might join in an action for an injunction to restrain and also to collect damages from those parties responsible. The development was in- tended to take care of its own drainage and except for interference with the plans for self- contained drainage, such plans should have worked very well. Mr. Short continued: 3. "I made a personal inspection of the area under discussion today and find that south of the inlet to the drain line which was constructed from subject ditch to Penn Street, the ice plant planted some time ago is fairly well rooted. North of that inlet the ice plant is, for all practical purposes, non - existent and the bank is comparatively bare. I was present when the bank was inspected upon completion of the subdivision and know for a fact that grass, barley and ice plant were planted over the entire slope area. I made a cursory inspection of the site from tima.to time in the interim, and noticed that children have been allowed to climb and play upon the side of the embankment and their actions undoubtedly were detrimental to the propaga- tion of the ice plant. It is manifestly impossible for the City to police this area at all times.?? 4. "As I explained previously, the plan was for all of the water to be diverted to McCarthy Court and the only water which would flow into the ditch and into pipe subsequently constructed at City expense, would be water that ran off of the slope area only. It is still my opinion, and substan- tiated by engineering calculations, that the drainage ditch and the drain Line are sufficient to carry that amount of drainage, but obviously are not sufficient to carry the amount of water diverted into it by private property owners living on the westerly side of McCarthy Court. If owners of new homes in that area had permitted original plans to remain operative, in my opinion, the ditch and line would have carried the drainage water.?? 5. "This house is not built in anyway to obstruct the drainage ditch which runs northerly and southerly along the toe of the embankment slope. The drainage ditch ends in a catch basin and the overflow goes into cast iron pipe underneath the house and is carried into Penn Street." 6. "These homes, as you all know and as I feel the Council does not know, are located on the westerly side of Penn Street. They were built exceedingly -7- V '761 low, and the reference to inadequate drainage system causing flooding conditions is, I believe, incorrect. I go back to my original state- ment that if Marlow Burns Company, or any others, had been permitted to construct homes on the natural contour of the ground, flood condi- tions at these particular places would have been much more severe than they were in the last rain. While there may be and probably are flood conditions at these particular places under conditions which obtained re- cently, the City has made every effort to keep.such damage to an absolute minimum." 7.: "There is a catch basin at the bottom of Penn Street connected to the sewer which is open at all times, but because the sanitary sewer system is designed to carry sewage and because storm waters are so much greater in volume than that for which the sewer was designed to carry or can carry, the sewer system cannot carry it all away, consequently there are flood condi- tions until the water can be taken care of by the sewer system. The City has done even.-thing it can to keep the drainage in McCarthy Court. Mr. Morgan, the Sanitary Service Supervisor for the City, informed me several weeks ago that he had observed large quantities of water from the Imperial School flow- ing down Walnut Avenue and into Penn Street. As you are aware, the school and the City are two distinct entities. At the time the school was being erected, I requested the architect to so grade the school grounds so that such grounds might take - maximum advantage of the sump. He assured me this would be done, but when the Imperial School was completed I observed that drainage from the school came down to Penn Street. I made a special trip from San Diego to attend a School Board meeting and discussed the problem with said Board, and asked it to take action to correct the situation, and I have received assur- ance that the School Board will immediately install adequate drainage facili- ties to divert water from the Imperial School site to the sump area and reduce to an absolute minimum the run -off to Walnut Avenue and onto Penn Street." Mr. Kenneth Ball, 838 Penn Street, stated there was a house being con- - structed in the rear of 840 Penn Street and the workmen had dug a deep cut out of the bank; that he observed City forces had some time ago cleaned out the drain and piled the sand removed therefrom on private property on Penn Street. He agreed with Mr. Short's remarks that children had played on the embankment and had caused damage to the planting thereon. Mrs. Frank Springer, residing at 840 Penn Street, stated that City forces had recently removed dirt from the drain in the rear of her property and had piled the sand up against her rear yard fence and she was fearful that unless same was removed, the fence might break under the load. Mr. Short stated he had observed dirt had been piled adjacent to the ditch on the property in question, and that he would instruct the Street De- partment to remove same from the west side of the ditch and place it back on the east side from which it originally came. Discussion was then had as to what action might be taken by all con- cerned, and the City Attorney stated as follows: "It is my understanding, from your report, that if the embankment was restored to the same condition as when the tract was completed, that then the properties on Penn Street would receive a minimum amount of water as compared with what they receive at this time. The only suggestion I can make is this -- the subdivider should be interviewed, the neighbors who may have.cut the embankment should be interviewed, and if the interviews are not satisfactory for restoration of the embankment as it existed and in such manner as to' restrain the storm waters from McCarthy'Court, and since the City does have drainage which was rendered useless because of sand being washed down from the embankment, it seems to me that the City has a cause for action along with the people. Manifestly, the City cannot file suit for private property owners, but the City does have the right to protect its own installation . . . . .'t Councilman Peterson stated that, in his opinion, the first move would -8- V '762 be to contact Marlow Burns Company, as he is of the opinion that said Company still ohms the property where said trench was dug; also ice plant might be replanted northerly of the drain where no ice plant presently exists. Further discussion was entered into, following which the Mayor stated two things should be done immediately. First, the City should remove sand and dirt from the west side of the ditch where it was placed by the City and put it back where it originally came from. Second, that an investigation should be made between Marlow Burns Company and the per- sons living on McCarthy Court immediately easterly of Penn Street, to see if they will cooperate and refrain from digging ditches, and the City might plant more ice plant in an endeavor to alleviate the condition. Mr. Paul, residing at the northwest corner of Center Street and Acacia Avenue, inquired whether or not ice plant would meet requirements to hold the banks, and Mr. Short replied that, in his opinion, if the ice plant is allowed to grow, then this particular embankment would cause no trouble to anyone. Mr. Paul then stated that he and his neighbors were having considerable trouble due to storm water accumulating in that vicinity from higher ground; that he realizes the City is not responsible for their hardships inasmuch as they bought the property, but that he and his neighbors are willing to sacri- fice some of their ground for the purpose of constructing a drain; that he has prepared plans for such a drain and, if approved by the City Engineering De- partment, he and his neighbors will pay for "Gunitingtl the sump area and he requested the Engineering Department to inspect such plans and give him an estimate of the cost of such "Gunitingtl, which Mr. Short stated would be done. A Mrs. Miller, who did not give her address, then inquired why a large company like the Marlow Burns Company was not required to put in adequate drainage when a subdivision is improved. Mr. Short stated that prior to approval of the subdivision plans by the City Council, the County Flood Control District had inspected the plans of Marlow Burns Company for the subdivision and had assured the Council that the drainage plans were ade- quate, and accordingly the Council had acted in good faith in approving same. Mr. Theodore Tomaszewski, 903 Lomita Street, representing home owners on the west side of Lomita Street easterly of McCarthy Court, inquired what provisions were originally made for drainage in the subdivision and if the drainage plans were altered in any way by the subdivider, who might be responsible. M&,yor Selby stated he could not answer this question as to whether the plans for drainage were altered or whether anyone could answer such question. Director of Public Works Short stated the City, in making inspection of the subdivision, was interested in public improvements only, and also that the drainage in the subdivision should be restrained entirely within the sub- division. Mr. Robert Allen, 915 Lomita Street, addressed the Council respecting the matter of controlling water on his own property and stated that he under - stands the City of Los Angeles had adopted an ordinance in October, 1953, which places control of any hillside or cut and fill under the Los Angeles Building and Safety Department, and the City Attorney agreed to obtain a copy of said ordinance for study. Mr. Earl Van Fleet, residing at 834A Penn Street, then discussed the matter of the construction of the present dwelling at said address over a City easement, and then inquired why this was allowed. -9- V 763 Mr. Short answered Mr. Van Fleet's question by stating that the pipeline constructed in said easement, and which connects to the storm drain ditch, is made of cast iron pipe and he felt the City would not have occasion to repair or replace such pipe. Mrs. Hereford, residing at 907 Lomita Street, Mr. Robert L. Dearth, 847 Penn Street, and Mr.Fred Schlendering, each then addressed the Council respecting the matter of controlling accumulated storm water. At this point Mr. Tomaszewski requested permission to present pictures and a list of names of property owners interested in the drainage problem on Lomita Street, which permission was granted and which list and pic- tures were filed with the City Clerk. The Mayor at this time stated that the City had employed a full-time Engineer who would be on the job on Monday, February lst, and that as soon as possible the problem would be presented to said -Engineer in an endeavor to work out a satisfactory solution. He then thanked those present for the courteous manner in which they had presented their problems to the City Council and assured them the City would do everything in its power to co- operate in a solution of same. _ Mr. William Keller, residing at 512 Oregon Street, at this time ad- dressed the Council respecting the present status of the installation of sewers on Oregon Street between Mariposa Avenue and Pine Avenue, stating that when the dwellings on said street were constructed, temporary cesspools were allowed and that such cesspools have become filled; that it has been necessary to have same pumped out and that during the recent rain the cess- pool on his property had started to sink; that the condition in said area is a serious one. Director of Public Works Short explained to Mr. Keller that before sewers could be installed in Oregon Street, it had -been necessary to secure easements for street purposes, inasmuch as said street was not a publicly dedicated street; that the contractor who had erected said dwellings on said street had assured him he could secure such easements in a short time, there- fore it was anticipated the sewers could be installed within approximately one year, hence the permit was granted for temporary cesspools only. However, difficulty was encountered in securing such easements and that only in Septem- ber of 1953 was the final easement secured; that due to the topography in- volved, it is necessary to construct the sewer line southerly on Oregon Street to Pine Avenue, thence westerly along Pine Avenue to the Pacific Electric track, and thence to Center Street; that Pine Avenue also is not a publicly dedicated street, and it is necessary to secure easements from all of the property owners in that portion of Pine Avenue; that such easements have all been prepared and the Engineering Department is now engaged in securing sig- natures to such easements, and that in the meantime plans for the sewer in- stallation have been completed by his Department. Mr. Keller inquired if he was liable for the expense of having his cess- pool pumped out or if the City is liable, due to an error in time estimation. City Attorney Woodworth replied to Mr. Keller's question and stated he did not believe the City was liable due to delay in obtaining easement from the owner of one parcel of property involved. Mr. Kel-Jer then inquired of Mr..Short..what length of time, in his eSti- mation, would elapse before the sewers in Oregon Street might be completed, and Mr. Short stated that in his estimation only, it would probably be four to five months. REPORTS OF STANDING COMMITTEES Public Safety Commissioner Swanson reported that he, together with Public Works Commissioner Peterson, had investigated the matter of the steep -10- V 764 bank which children are required to climb to cross the Pacific Electric tracks at Pine Avenue in order to reach the High School; that it is pos- sible and feasible to put in a wooden stairway provided the City's ease- ment from Pacific Electric Railway Company covers the entire right- of-way at this point. Director of Public Works Short stated the easement did cover the entire right- of-way at said point, whereupon the matter was referred to the Engineering Department to prepare plans for said stairway and there- after to present said plans to this Council for approval. REPORTS OF OFFICERS AND SPECIAL COMMITTEES The City Clerk made reports as follows: 1. That pursuant to direction of the City Council she had procured informal bids on a six- cylinder two -door sedan for use by the Building Department of the City, which bids she reported to be as follows: Bowlus Chevrolet 1954 Chevrolet 2 -Door Sedan, Model 1502 $1,547.87 (Price includes California State Sales Tax) Allowance for 1947 Ford 2 -Dr. Sedan 250-00 1,297.87 Ira E. Escobar 1954 Ford 6 -,Cyl. Mainline Tudor $1,480.47 (Price includes California State Sales Tax) Allowance for 1948 Ford Trade -In 250-00 1,230.47 1954 Ford V8 Mainline Tudor $1,555.92 (Price includes California State Sales Tax) Allowance for 1948 Ford Trade -In 250-00 1,305.92 It appearing that the bid of Ira E. Escobar is the lowest bid received, it was moved by Councilman Swanson, seconded by Councilman Gordon, that the following resolution be adopted: RESOLVED, that the City Clerk be and she is hereby author- ized and directed to issue a Purchase Order to Ira E. Escobar, covering the purchase for the Building Department of the City of El Segundo.of one 1954 Ford six- cylinder Mainline Tudor Sedan, at a total cost of $1,480.47, including California State Sales Tax, Tess $250.00 turn -in value on the 1948 Ford Sedan presently owned by the City of E1 Segundo. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. 2. That pursuant to the Council's instruction, she had caused a letter to be directed to each of the ministers in the City of E1 Segundo requesting their cooperation in having one of their number present at each Council Meet- ing for the purpose of offering a prayer prior to the meeting itself. Reverend Marvin A. Johnson, pastor of the Community Methodist Church in El Segundo, stated he had been requested by Mrs. Elsey to take charge of the organization of the ministers' group for this purpose, and that he would be glad to accept such assignment and would report later to the City Clerk on the matter. 13sla V 765 Director of Public Works Short made reports as follows: 1. Pursuant to instructions of the City Council, the City Engineer presented plans, profiles and drawings No. 530331, consisting of 22 sheets numbered 3 to 24 both inclusive, for the construction of certain street improvements and sanitary sewers and appurtenant work in portions of Sycamore Avenue and other streets and easement, together with specifica- tions and detailed estimate of the cost of said improvement, also a plat of the assessment district for said improvement, consisting of 2 sheets. Whereupon Councilman Peterson moved that said plans, specifications and plat be approved and that said plans and plat be filed in the office of the City Engineer, that the specifications and detailed estimate be filed in the office of the City Clerk of said city, which motion was seconded by Councilman Gordon, and carried by the following vote, to wit: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. Councilman Swanson then offered and moved the adoption of Resolution of Intention No. 1380 for the construction of certain street improvements and sanitary sewers and appurtenant work in Sycamore Avenue and other streets and easement, as particularly delineated upon the plans and specifications heretofore approved for said district, which motion was seconded by Council- man Gordon, and carried by the following vote, to wit: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. 2. The City Engineer h=x presented his report on the petition for certain street improvements in Maple Avenue, between Virginia Street and Hillcrest Street, as shown on Plan No. 530903, consisting of 2 sheets, on file in the office of the City Engineer and which report showed that the valid signatures attached to the petition, as reported by the Title Insur- ance & Trust Company, represents more than 60% of the total assessable area of the proposed assessment district, as shown on the plat attached to said petition. _ On motion duly made and carried, said petition and report of the Engineer were ordered filed with the proceedings for said improvement. Councilman Gordon then offered and moved the adoption of Resolution - No. 1381, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, IN THE MATTER OF THE IMPROVEMENT OF MAPLE AVENUE BETWEEN VIRGINIA STREET AND HILLCREST STREET AS PER PLAN & PROFILE NO. 530903 CONSISTING OF 2 SHEETS, ON FILE IN THE OFFICE OF THE CITY ENGINEER OF SAID CITY., said motion being seconded by Councilman Swanson, and upon roll call, was adopted by the following vote, to wit: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; -Noes: Councilmen None; Absent: Councilman Baker. Pursuant to instructions of the City Council, the City Engineer pre- sented plans, profiles and drawings No. 530903, consisting of 2 sheets for the -construction of certain street improvements in Maple Avenue, between Virginia Street and Hillcrest Street, together with specifications and --12- v 766 detailed estimate of the cost for said improvements, also a plat of the assessment district for said improvements as shown on Sheet 1 of said plans. Whereupon Councilman Peterson moved that said plans, specifica- tions and plat of the assessment district be approved and that said plans be filed in the office of the City Engineer and that the specifications and detailed estimate be filed in the office of the City Clerk, which motion was seconded by Councilman Gordon, and carried. Councilman Swanson then offered and moved the adoption of Resolution No. 1382, being a Resolution of Intention to make certain street improve- ments in Maple Avenue between Virginia Street and Hillcrest Street, in- cluding intersections with said Maple Avenue, as particularly delineated upon the plans heretofore approved for said improvements, which motion was seconded by Councilman Gordon, and carried by the following vote, to wit: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. 3. That Mr. Jack Allen of the Engineering Department, and Mr. Earl Morgan, Sanitation Service Supervisor, had made an investigation and had secured bids on a standby generator for use at Sewer Pump Station No. 1, which bids he read to the Council and which were as follows, to wit: Generator Equipment Co. 1 -Model 30R52, 30 KW, 37.5 K. V. A., Kohler Electric Remote Control Plant, 220 volt, 3 phase A. C., sixty cycle, together with certain accessories $3,394.80 (Plus California State Sales Tax) Smith Booth Usher Company 1- Kohler Model 30R51, 30 KW Generator, 220 Volt AC, Thre6 Phase,'Remote Starting, together with certain accessories $3,837.45 (Plus California State Sales Tax) American Construction Equipment Com a 1 -Model 50 392G6G1.8 Engenerator, Electric Power Plant rated 40 KW 80,E PF, 110/220/440 VAC, 60 cycle, 1200 RPM, 3 phase $3,370.00 (Exclusive of accessories, and not including California State Sales Tax) Mr. Short further stated that Mr. Morgan is of the opinion the genera- tor quoted by the Generator Equipment Co. will satisfactorily answer his needs, and inasmuch as said quotation is the lowest quotation received on equipment which fulfills the Cityfs needs in this connection, he recommended the purchase be made immediately as an emergency measure. City Attorney Woodworth inquired of Mr. Short if, in his opinion, this emergency action is necessary for the preservation of the general welfare of the City and also necessary for local and national defense purposes, and Mr. Short answered in the affirmative. Thereafter, it was moved by.Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: WHEREAS, the City Engineer has made his report at this meet- ing respecting his investigation of standby emergency generators for use at Sewer Pump Station No. 1, of the City of El Segundo; and WHEREAS, said Council, after reviewing all bids received on said generator, finds the bid of Generator Equipment Co., herein- after referred to, to be the lowest and best bid received for --1-3- V 767 equipment best suited for the needs and requirements of the City; and WHEREAS, said Council finds that an emergency presently exists in said City and that the purchase of such generator is necessary for the preservation of the public health, peace, welfare and safety of the City of E1 Segundo, and is also necessary in connection with local and national defense; NOW, THEREFORE, BE IT RESOLVED, that in view of the foregoing findings by this Council, it does hereby authorize the purchase of one standby emergency 30 KW generator set from Generator Equipment Co., at its quotation of $3,394.80, F.O.B. El Segundo, plus California State Sales Tax, and the City Clerk is hereby directed to issue a Purchase Order ac- cordingly. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. 4. That in the early part of 1953 he had reported to the City Council that the property owners on the north side of Oak Avenue, between Eucalyptus Drive and Sheldon Street, were desirous of having public sewers installed and thereby reduce the sanitary problem in this area; that the southerly side of Oak Avenue in this location is occupied by E1 Segundo High School, which property is lower than that on the north side and which property would be unable to use any sewer installed in said Oak Avenue, and would,therefore, not participate in the cost thereof; that he had estimated the cost of the construction of such sewer to be $2,008.00, which amount had been paid by the .property owners on the north side of Oak Avenue; that the actual cost of such - construction, including supervision and overhead, was $2,512.00, or $504.00 over the original estimate, and he recommended that the City Council authorize the absorbtion of such excessive cost by the City, es- pecially in view of the fact that the property in the area to be served by said sewer had paid an excessive amount for said sewers since their properties were the only ones involved. The Council concurring in such recommendation, it was moved by Council- man Peterson, seconded by Councilman Gordon, the following resolution be adopted: - RESOLVED, that the sum of $504.00 be and the same is hereby authorized transferred from the Sewerage Facilities Fund of the City of E1 Segundo to the General Fund of said City, to repay said latter fund the amounts heretofore expended by it in con- nection with the construction of the sewers hereinabove referred to,and that the City Clerk and the City Treasurer are hereby authorized and directed to make appropriate entries in their books of such transfer. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes Councilmen None; Absent: Councilman Baker. 5. That he had received from the Los Angeles County Flood Control District a breakdown of the bids received by it for Project No. 291, under the said District's Bond Issue Project, and that the lowest bid received on said Project No. 291 was $299,999.00, which bid is considerably under the Bond Issue estimate; that Mr. J. R. Lester Boyle, Engineer, is investi- gating as to the possibility of the City securing additional facilities . -14- v 768 for the apparent credit which exists between the amount of the bid and the amount of the estimate, but that he believes an investigation should also be made by the Legal Department of the Bond Issue Proposal, which City Attorney Woodworth agreed to do. City Attorney Woodworth reported that he had prepared an amendment to the Salary Resolution which he was delivering to the City Clerk for presentation at the proper time. UNFINISHED BUSINESS The City Clerk at this time presented and read the title of Ordinance No. 431, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO.. CALIFORNIA, REGULATING THE KEEPING OF ANIMALS AND FOWLS THEREIN; MAKING PRO- VISIONS FOR THE LICENSING OF DOGS; CREAT- ING THE POSITION OF POUND MASTER; PROVIDING FOR A PUBLIC POUND; ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT THEREWITH., which was introduced and read at a regular meeting of the City Council held January 20, 1954. Moved by Councilman Gordon, seconded by Councilman Peterson, the further reading of Ordinance No. 431 be waived. Said motion carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: - Councilmen None; Absent: Councilman Baker. Moved by Councilman Swanson, seconded by Councilman Gordon, that Ordinance No. 431, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE KEEPING OF ANIMALS AND FOWLS THEREIN; MAKING PRO- VISIONS FOR THE LICENSING OF DOGS; CREAT- ING THE POSITION OF POUND MASTER; PROVIDING FOR A PUBLIC POUND; ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- - FLICT THEREWITH., which was introduced and read at a regular meeting of the City Council held on the 20th day of January, 1954, and reread at this meeting, be adopted. On roll call, said motion carried and said ordinance was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. PAYING BILLS The following demands, having had the approval of the Committee on Finance and Records, were read: -15- General Fund T. B. DeBerry 6 5.18 Bancroft - Whitney Company 9.28 Title Insurance and & Printing Co. Trust Company 13.30 South Bay Welder's Supply 11.81 Southern Calif. Gas Co. 156.39 Los Angeles Stamp & Brown - Bevis - Industrial Stationery Co. 12.36 Jeffries Banknote Company 51.50 Howard Supply Company 37.10 Federal Laboratories, Inc. 44.65 E1 Segundo Herald 4.00 Gordon Duff, Inc. 7.40 California Safety Council 30.00 The Hapsmith Company 105.20 Mil Zillgitt 14.44 Neva M. Else y, City Clerk 45.13 Lawndale Tribune 1.40 TOTAL 54v9.14 V 769 Water Works Fund Industrial Stationery & Printing Co. 21.77 Mutual Liquid Gas & Equipment Co., Inc. 7.88 Smith -Blair Inc. 50.87 Brown - Bevis - Industrial Equipment Co. 29.64 Victor Equipment Company 5.77 Mefford Chemical Company 427.86 Luippold Engineering Sales 62-35 TOTAL $ 0 .14 Traffic Safety Fund Prismo California Co. 355-35 TOTAL 355.35 County Aid Fund County Road Dept., County of Los Angeles $ 1,561.15 TOTAL 6 1,561.15 Moved by Councilman Gordon, seconded by Councilman Peterson, the demands be allowed and warrants ordered drawn on and paid out of the re- spective funds covering the same. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. NEW BUSINESS .Moved by Councilman Peterson, seconded by Councilman Gordon, that Resolution No. 1383, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLUTION NO. 1358 OF SAID COUNCIL BY AMENDING SUBDIVI- SIONS "(D )II, "(H)" AND rf (I )1r OF SECTION 1 OF PART I OF SAID RESOLUTION NO. 1358 AND BY ADDING A NEW SUBDIVISION DESIGNATED AS "(I.1)fl TO SAID SECTION 1 OF SAID PART I OF SAID RESO- LUTION NO. 1358•0 which was read, be adopted. On roll call, said.motion carried and said resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. At this time Director of Public Works Short stated that in view of the fact the City Council anticipates employing a full-time Engineer as of February 1, 1954, he desired to present his oral resignation as Director of Public Works,.City Engineer, Water Superintendent, and .Street Superintendent, but that he would recommend that the present arrangement between the City and the engineering firm of J. R. Lester Boyle for his services on a con- sulting basis, be kept in effect. Thereafter, it was moved by Councilman Peterson, seconded by Council- man Gordon, the following resolution be adopted: -16- V 770 RESOLVED, that effective as of midnight, January 31, 1954, the resignation of Donald R. Short as Director of Public Works, City Engineer, Water Superintendent, and Street Superintendent of the City of E1 Segundo, be and the same is hereby accepted by this Council with regret; and BE IT FURTHER RESOLVED, that the present arrangement between the City of E1 Segundo and the engineering firm of J. R. Lester Boyle, covering the consulting services of said City by Donald R. Short, shall remain in effect until the _further order of this Council. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. Moved by Councilman Swanson, seconded by Councilman Gordon, that effective as of, on and after the 1st day of February, 1954, and until the-further order of this Council, Robert L. Webb, Jr. be and he is here- by appointed as City Engineer, Water Superintendent, Street Superintendent, and Sewer Superintendent for the City of E1 Segundo, and that said appointee shall be compensated for his services in said capacities in accordance with the provisions of the Salary Resolution of the City of El Segundo. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby; Noes: Councilmen None; Absent: Councilman Baker. No further business appearing to be transacted at this meeting, it was moved by Councilman Peterson, seconded by Councilman Gordon, the meeting adjourn. Carried. A nnrnvcri . Respectfully submitted, �� -ol - F�g, Neva M. Elsey, City CIr k 10