1959 JUL 13 CC MINX 828
A regular meeting of
of E1 Segundo, California, was
of the City Hall of said City
calling the meeting to order,
allegiance to the Flag of the
which a prayer was offered by
Building and Safety.
El Segundo, California
July 13, 1959
the City Council of the City
held in the Council Chamber
on the above date. Prior to
those present joined in pledging
United States of America, after
Donald S. Woodford, Director of
The meeting was then called to order by Kenneth
R. Benfield, Mayor, the hour being 7 :00 otclock P.M.
ROLL CALL
Councilmen Present: Baker, Frederick, Gordon and
Mayor Benfield;
Councilmen Absent: Meschuk.
READING OF MINUTES OF PREVIOUS MEETING
The minutes of the regular meeting of the City
Council of the City of E1 Segundo, California, held June 22,
1959, and of the adjourned regular meeting of said Council
held June 29, 1959, having been read and no error or omission
having been noted, it was moved by Councilman Frederick, sec-
onded by Councilman Baker, the minutes of said meetings be
approved as recorded. Carried.
SPECIAL ORDERS OF BUSINESS
1. The Mayor announced that the first special
order of business would be the continued hearing on Amend-
ment to Ordinance No. 507 (the Comprehensive Zoning Ordinance),
and inquired if anyone present desired to be heard in the
matter. The following persons spoke in favor of adopting a
resolution placing restrictions on accessory buildings: Mr.
Donald Jaeger, 1430 East Oak Avenue, Mr. Gene Broadwater, 904
Sheldon Street, Mr. Jim Stinnett, 701 Bungalow Street, Mrs.
Tyrrell, 1450 E. Oak Avenue, Mr. Leroy Ornella, 327 E. Oak
Avenue, Mr. Carl Thomason, 1434 East Oak Avenue and Mr. Floyd
Wallace, 218 Loma Vista Street.
At this time, Councilman Meschuk entered the Council
Chamber and immediately took his seat at the Council Table,
the hour being 7 :22 o'clock P.M.
Discussion ensued between members of the Council,
Mr. Don Woodford, Director of Building and Safety, and inter-
ested citizens. The Council not being satisfied with the
intent of regulations imposed on „Accessory Buildings" in
said proposed amendment to Ordinance No. 507, it was moved by
Councilman Baker, seconded by Councilman Frederick, that the
matter be referred back to the Planning Commission for further
Study. Motion carried.
2. The Mayor announced that this was the time and
place heretofore fixed for the hearing on proposed amendments
to Ordinance No. 507, (the Comprehensive Zoning Ordinance)
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regarding the height of walls or fences, and division of lots
or parcels containing more than minimum required lot area re-
commended in Planning Commission's Resolution No. 403, and
inquired of the Clerk if proper notice of the hearing had,
been given, to which the Clerk replied that affidavit of pub-
lishing said notice is on file in her office, and that the
file of the Planning Commission as well as the file of the
City Council to date are in her possession. The Mayor stated
said files would be made a part of this hearing.
The Mayor inquired if any written protests had been
received and there being none, inquired if anyone present de-
sired to speak in favor of the proposed amendment. No one
responding, the Mayor asked if anyone present desired to
speak in opposition to said proposed amendment. No one res-
ponded. Thereafter, Councilman Frederick introduced Ordinance
No. 545 entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING ORDINANCE NO. 507,
(THE COMPREHENSIVE ZONING ORDINANCE) OF
SAID CITY IN VARIOUS PARTICULARS.
which was read.
WRITTEN COMMUNICATIONS
The following written communications received from
persons, firms or corporations hereinafter named, were read
to the Council and disposed of in the manner indicated:
CITY OF,PARAMOUNT, CALIFORNIA, being a copy of its
Resolution regarding reduction of Los Angeles County taxes.
Ordered filed.
MR. GENE JOHNSTON, Hermosa Beach, California, re-
garding Los Angeles County taxes. Ordered filed.
MR. WILLARD N. BAILEY, El Segundo,California, re-
garding cost of sewer at 304 Maryland Street. City Manager
Sailors stated he had replied to Mr. Bailey's letter, after
which the communication was ordered filed.
COUNTY BOUNDARY COMMISSION, being notice that the
City of Inglewood has filed a proposal with said Commission
for the annexation of territory known as East Lennox, to the
City of Inglewood. Ordered filed.
BOARD OF SUPERVISORS, COUNTY OF LOS ANGELES, regard-
ing plans and specifications of public buildings. Ordered filed.
DOPY OF LETTER TO BOARD OF SUPERVISORS FROM CHIEF
DEPUTY ROAD C0114ISSIONER OF LOS ANGELES COUNTY, regarding im-
provement of Aviation Boulevard between E1 Segundo Boulevard
and Rosecrans Avenue. Ordered held pending receipt of copy of
resolution necessary to effect this improvement.
PLANNING COTv1MISSION, transmitting copy of its Reso-
lution No. 405, recommending no change in the Plan of Recreation
and Parks. Ordered filed.
PLANNING COM4ISSION, Transmitting copy of its Reso-
lution No. 406 granting a Conditional Use Permit to Industrial
Asphalt of California, Inc., to locate an asphalt mixing plant
in an M -2 zone in the City of El Segundo, on Rosecrans Avenue
approximately 1,000 feet east of Sepulveda Boulevard. Ordered
filed pending expiration of, appeal period.
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WALTER N. ANDERSON, CITY ATTORNEY, CITY OF MAN -
HATTAN BEACH, CALIFORNIA, enclosing Notice of Appeal in the
matter of application of Industrial Asphalt of California,
Inc. The Clerk advised the Council the matter has been set
for hearing before the City Council on July 27, 1959•
PLANNING COMMISSION, transmitting copy of its Reso-
lution No. 404 approving lot split of portion of Lot 3, Block 99
East Walnut Avenue at Pepper Street, for Mr. Alfred M. Smith
The Council concurring in the recommendation of
the Planning Commission, it was,moved by Councilman Baker,
seconded by Councilman Gordon, that Resolution No. 1868,
entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, APPROVING
A LOT SPLIT FOR THE NORTHERLY 185 FEET OF
LOT 3, BLOCK 99, EL SEGUNDO SHEET NO. 3.
which was read, be adopted.
On roll call, said motion carried and said resolution was
adopted by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
W. A. WANDERER, DIRECTOR OF FINANCE, July 13, 1959,
requesting cancellation of Warrant No. 8215, dated June 29,
1959, in the amount of $5,122.49. Moved by Councilman Baker,
seconded by Councilman Frederick, the following,resolution be
adopted:
RESOLVED, that the.Director of Finance be
and he is hereby authorized to cancel Warrant
No. $215, payable to Oswald,Bros. and that
said Director of Finance and the City Treasurer
are hereby directed to make appropriate entry
of such cancellation in their respective books
of record.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None,
Absent: None.
RUTH HOPP, CITY TREASURER, July 13, 1959, certifying
that the following warrants:
NO.
DATE ISSUED
PAYEE
AMOUNT
L 0708
11 -3 -58
Forest Press Inc.
$30.64
W 2117
2 -24 -58
Thos. Campbell
8.00
PR 12075
5 -10 -59
Muriel Ruttinger
13.78
each of which is still outstanding, unaccounted for and unpaid.
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The City.Treasurer recommended that all said out-
standing warrants be ordered cancelled and that new warrants
be issued to replace:
L 0708 $30.64
PR 12075 13.7$
and that she be authroized to make delivery of such
new warrants to the respective payees thereof upon receiving
their written promise to immediately refund the respective
amounts represented thereby in the event said original warrants
are presented to the city properly negotiated, and to hold
said city and its officers harmless in the premises.
The City Treasurer further recommended that no new
warrant be issued to replace Warrant No. W 2117 for the reason
that the payee cannot be located. She suggested that this
cancellation be ordered on the records of the city and that
the rights of the payee of said warrant be preserved to him
to make new demands for,the amount of such warrant should he
appear and make claim in the reasonable future.
Moved by Councilman. Gordon, seconded by Councilman
Baker, the following resolution be adopted:
RESOLVED, that the Director of Finance be and he is
hereby authorized to cause the following warrants to be can-
celled:
NO. DATE ISSUED
PAYEE AMOUNT
L 0708
11 -3 -58
Forest Press Inc.
$30.64
W 2117
2 -24 -58
Thos. Campbell
8.00
PR 12075
5 -10 -59
Muriel Ruttinger
13.78
each of which is still outstanding, unaccounted for and unpaid;
and;
BE IT FURTHER RESOLVED, that the Director of Finance
be and he is hereby authorized to issue new warrants to replace
the following cancelled warrants:
L 0708 $30.64
PR 12075 13.78
and;
BE IT FURTHER RESOLVED, that the City Treasurer be
authorized to make delivery of such new warrants to the res-
pective payees thereof, upon receipt of their written promise
to immediately refund the respective amounts represented there-
by in the event said original warrants are presented to the
City property negotiated, and to hold said City and its officers
harmless in the premise; and
BE IT FURTHER RESOLVED, that no new warrant be
issued to replace Warrant No. W 2117 for the reason that the
payee cannot be located, but that cancellation of said warrant
be ordered on the records of the City and the rights of the
payees of said warrants be preserved to them to make new de-
mands for the amount of such warrant should they appear and
make claim in the reasonable future; and
BE IT FINALLY RESOLVED, that the Director of Finance
and the City Treasurer of the City of E1 Segundo be and they
are hereby directed to make appropriate entry of such cancel-
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831
X 832
lation in their respective books of record.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk ,and Mayor Benfield;
Noes: None;
Absent: None.
RUTH HOPP, CITY TREASURER, July 13, 1959, advising
the Council the following amount has been earned on the in-
vestment and deposit of public funds during the fiscal year
1958 -59:
Interest earned on investments,
U. S. Treasury Bills . . . . . . . 917,519.11
Interest earned on term deposits,
Security First National Bank . . . 16.275.33
TOTAL INTEREST . . . . . . . . . . . . .33,794.44
MR. AND MRS. JOE ADAMS and 14 others, being letter
of complaint against the noise produced by Continental, Ameri-
can and TWA Airlines in the maintenance area at Los Angeles
International Airport, and requesting the Council to investi-
gate every possible means to eliminate this undesirable con-
dition.
Mayor Benfield stated he had recently made a trip
to the maintenance area of the airport in the early morning
hours after a telephone call to his home, and had found the
suppressors were not being used at that time.
City Manager Sailors said he had been in contact
with the maintenance area of the airport, and had been advised
the sound suppressors are being repaird; that work has begun
on the sound deflecting installation; that he had also been
advised by Mr. Fox, General Manager of the Department of
Airports, that Consultants are working on the problem of
noise abatement.
ORAL COTIMUNICATIONS
Mr. Floyd Wallace reported on his mission of ex-
tending the Cityts congratulations and good wishes to the
Governor of Alaska and the Mayor of Juneau, at the Alaska
Statehood ceremonies held in Juneau, Alaska, July 4, 1959,
and brought pictures of the ceremonies.
Mayor Benfield read a letter-from William A. Egen,
Governor of Alaska, in appreciation of the greetings sent.
REPORTS OF OFFICERS AND SPECIAL COM4ITTIES
CITY MIANAGER SAILORS MADE REPORTS AS FOLLOWS:
1. That he had previously been requested to investi-
gate the possibility of change of bus route from the New Im-
perial Highway to Old Imperial Highway between Main Street
and Hillcrest Street, and reported that a reply to his inquiry
stated that Old Imperial Highway was inadequate at this time
to serve the bus line. He further stated that the Metropolitan
Bus line had been advised of plans to improve this section of
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Old Imperial Highway in the near future, after which it might
be possible to reroute the busses.
2. That he was in receipt of a letter from the
Department of Water and Power stating it would proceed with
the landscaping of the power lines right -of -way across the west
side of the City, during the month of September, in accord-
ance with plans previously submitted.
3. Reported that the conveyance of land between
Old and New Imperial Highways from the City of Los Angeles is
nearing completion, and that he was advised that the City of
El Segundo would be billed for 31,500.00 for street lights
in this area.
4. Requested authority to contract with Mr. Charles
B. Bennett for the purpose of preparing a Comprehensive Land
Use Study and Analysis of the City of E1 Segundo; that the
financing of this study is included in the budget, and that
Mr. Bennett has set forth his fee for performing the above
services in a letter to this City dated June 5, 1959•
Moved by Councilman Meschuk, seconded by Councilman
Baker, that the following resolution be adopted:
RESOLVED, that Mr. Charles B. Bennet be
and he is hereby employed as Planning Con-
sultant for the City of El Segundo to render
professional services in accordance with terms
set forth in his proposal letter of June 5, 1959.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
5. That previously the matter of questionable liter-
ature was presented and that he had been requested to check
with the Chamber of Commerce for a report of its investigation
in the matter; that the Chamber of Commerce is making an
investigation, and that its report will be ready by August 15th.
CITY ATTORNEY BUSH MADE REPORT AS FOLLOWS:
1. Reported on litigation pending for the recovery
of taxes,•paid under protest, and recommended that advise of
the County Counsel be followed, in adopting a resolution pre-
pared by said Counsel, authorizing the County Counsel not to
raise a defense of the Statute of Limitations under Section
29714.1 of the Government Code, or a Defense of Delay of
Prosecution under Section 5$1a, of the Code of Civil Procedure
respecting possessory interest tax refunds.
Moved by Councilman Frederick, seconded by Council-
man Gordon, the following resolution be adopted:
WHEREAS, there are pending before the
Los Angeles County Board of Supervisors numer-
ous claims for refund of ad valorem property
taxes paid on assessments of an asserted posses-
sory interest in intangible personal property
owned by the United States of America and held
by certain defense industry contractors in the
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833
X 834
performance of their
which said taxes were
case of General Dynam
Aerojet- General Corpo
Los Angeles, 51 Cal.
government contracts,
held to be void in
ics Corporation and
ration v. County of
2d 59; and
WHEREAS, the Board of Supervisors and
other officials have been authorized to act,
and have acted, in connection with the levy,
collection and refund of such taxes on behalf
of the City of E1 Segundo; and
WHEREAS,-the County officials will not
be able to process all of said claims -earlier
than October 1, 1959, and the time for filing
actions on said claims will expire prior to
said date and certain actions which have al-
ready been filed might be subject to dismissal
under Section 5$1a of the Code of Civil Pro-
cedure; and
WHEREAS, the County Counsel, who is
in charge of all said tax litigation, has
requested authority to enter into a stipu-
lation with the claimants not to raise a
defense.of the statute of limitations under
Section 29714.1 of the Government Code, or
a defense of delay of prosecution under Section
5$1a of the Code of Civil Procedure as to any
actions on such claims as are filed or prose-
cuted not later than October 1, 1960, in con-
nection with any refunds which may hereafter
be denied; and
WHEREAS, it is in the best interests of
the City, in order to avoid the payment of
interest on said claims, to -agree not to raise
such defenses;
NOW, THEREFORE, the City Council of the
City of E1 Segundo hereby appoints the County
Counsel of Los Angeles County to represent
the City in all actions now pending, or which
may hereafter be filed, in connection with
said tax refund claims, and in this connection
it hereby further authorizes and directs the
County Counsel not to raise a defense of the
statute of limitations under Section 29714.1
of the Government Code, or Section 5103 of the
Revenue and Taxation Code, in connection with
any litigation on said claims which may here-
after be filed, and not to raise a defense
under Section 5$1a of the Code of Civil Pro-
cedure in connection with any action now
pending, during the period ending October
1, 1960, and he is further authorized and
directed to execute on behalf of the City
Council any and all stipulations or agree-
ments necessary to carry out the purposes of
this resolution.
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Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
DIRECTOR OF PUBLIC WORKS WEBB MADE REPORTS AS FOLLOWS:
1. That Wyle Laboratories h,
ment Permit to construct a building on
wide retaining wall on Bungalow Drive,
cribed on City Engineer's Drawing File
mended granting said request, since it
effect on the street.
X 835
ad requested an Encroach -
top of a twelve inch
as delineated and des -
No. H -134, and recom-
will have no adverse
Moved by Councilman Meschuk, seconded by Councilman
Frederick, the above recommendation be approved.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
2. That Authentic Furniture Company had requested
an Encroachment Permit for parking on Nash Street, and recom-
mended that our standard Encroachment Permit be granted, allow-
ing said company the use of nine feet of the twelve foot park-
way, leaving three feet for utilities.
Moved by Councilman Frederick,.seconded by Council-
man Meschuk, the above recommendation be approved.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
UNFINISHED BUSINESS
1. City Attorney Bush read the title of Ordinance
No. 543, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING ORDINANCE NO. 507,
(THE COMPREHENSIVE ZONING ORDINANCE) OF
SAID CITY BY AMENDING THE ZONING MAP
THEREIN CONTAINED.
Upon motion duly made and unanimously carried, the
further reading of Ordinance No. 543 was waived.
Following motion duly made by Councilman Frederick,
seconded by Councilman Baker, Ordinance No. 543 was adopted
by the following vote:
Ayes: Councilmen Baker,
Meschuk and Mayor
Noes: None;
Absent: None.
Frederick, Gordon,
Benfield;
DUE
2. City Attorney Bush read the title of Ordinance
No. 544, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, APPROVING THE ANNEX-
ATION TO THE SAID CITY OF EL SEGUNDO OF CERTAIN
UNINHABITED TERRITORY DESIGNATED AS "SPACE TECH-
NOLOGY TERRITORY" IN CONFORMANCE WITH THE PRO -
VISIONS OF THE "ANNEXATION OF UNINHABITED TERRITORY
ACT OF 193911.
Upon motion duly made and unanimously carried,
the further reading of Ordinance No. 544 was waived.
Following motion duly made by Councilman Gordon,
seconded by Councilman Meschuk, Ordinance No. 544 was adopted
by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon,
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
PAYING BILLS
The following demands, having had the approval of
the Committee on Finance and Records, were read:
Demand Register - Demands Nos. 8215 to 8379 inclusive:
General Fund--- ------ - - - - -- $163,064.32
Pension Fund - - - - - - - - - - - - - - 3211$.85
Trust Fund - - - - - - - - - - - - - - - 12.00
TOTAL 4166 ,195.17
Demand Register - Water Department - Demands Nos.
2427 to 2465 inclusive:
Water Operating Fund - - - - - - - - -" -'10,006.18
TOTAL 4100006.18
Moved by Councilman Baker, seconded by Councilman
Gordon 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, Frederick, Gordon,
Meschuk and Mayor 'Benfield;
Noes: None;
Absent: None.
NEW BUSINESS
Mayor Benfield advised the Council that since the
term of Wilburn E. Baker as Trustee of the El Segundo Library
expired June 30, 1959, he had reappointed Mr. Baker to succeed
himself for a term of four years ending June 30, 1963. ::
Whereupon, it was moved by Mayor Benfield, seconded
by Councilman Frederick, the following resolution be adopted:
-= Term for E1 Segundo Library Board is three years; Mr. Baherts
term expiring June 30, 1962.
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WHEREAS, the Mayor has reappointed
Wilburn E. Baker as a member of the Board
of Trustees of E1 Segundo Public Library;
NOW, THEREFORE BE IT RESOLVED, that
said appointment is hereby confirmed as
required by ordinance.
Carried by the following vote:
Ayes: Councilmen Baker, Frederick, Gordon
Meschuk and Mayor Benfield;
Noes: None;
Absent: None.
Councilman Meschuk stated he had been advised that
unlicensed solicitation is being conducted in E1 Segundo for
window and door screens; that checks had been given for screens
to be delivered at a later date, and upon investigation, no
such company existed, and he brought it to the attention of
the Council so that the public could be informed that a sales-
man should be asked'to show an El Segundo license before placing
an order.
No further business appearing to come before the
Council at this meeting, it was moved by Councilman Meschuk,
seconded by Councilman Frederick, the meeting adjourn, the
time of adjournment being 9 :20 o'clock P.M. Motion carried.
APPROVED:
Z
Mayor
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Respectfully submitted,
City Clerk