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1963 DEC 09 CC MINX 1631 E1 Segundo, California December 9, 1963 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. Prior to calling the meeting to order, those present joined in pledging allegiance to the Flag of the United States of America, following which an invocation was given by Reverend James Smythe of the Church of Christ. The meeting was then called to order by Wilburn E. Baker, Mayor, the hour being 7 :00 o'clock p. m. ROLL CALL Councilmen Present: Frederick, Kimport, Swanson, Tandy and Mayor Baker; Councilmen Absent: None. READING OF MINUTES OF PREVIOUS MEETING The minutes of the adjourned regular meeting of the City Council of the City of E1 Segundo, California, held November 26, 1963, having been read and no error or omission having been noted, it was moved by Council- man Frederick, seconded by Councilman Tandy, the minutes of said meeting be approved as recorded. Motion carried. SPECIAL, ORDER OF BUSINESS 1. The Mayor announced that this was the time and place hereto- fore fixed for the public hearing on proposed zone change from C -2 to M -2 on property located between 45th Street, westerly of Vista del Mar, and Southern California Edison Co. and inquired of the City Clerk if affidavits of publication and posting of Notice of Hearing were on file in her office and she replied in the affirmative. The Mayor then inquired of the City Clerk if any written protest or objections against the zone change had been filed with her, and none having been received, Mayor Baker inquired if anyone present desired to address the Council regarding the zone change. Mr. A. C. Warren, Real Estate and Right of Way Superintendent of Standard Oil Company, addressed the Council stating that this property had been owned by Standard Oil for some 30 or 40 years but has never been an active part of the refinery and for that reason, he felt that this use by Edison Company was proper and he hoped -it would be looked upon with favor by the Council. The Mayor inquired if anyone wished to speak in opposition to the zone change. No one responding, it was then moved by Councilman Tandy, seconded by Councilman Kimport that the hearing be closed. Motion carried. It was moved by Councilman Tandy, seconded by Councilman Swanson that the recommendation of the Planning Commission as set forth in their Resolution No. 570, be approved. Motion carried. Thereafter, Councilman Tandy introduced an ordinance effecting the above change of zone, entitled: which was read. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958, "BY AMENDING "CHAPTER 34" (THE COMPREHENSIVE ZONING LAW) OF SAID CODE AND THE ZONING MAP THEREIN CON- TAINED., -1- X 1632 WRITTEN COMMUNICATIONS The following written communications received from persons, firms or corporations hereinafter named, were read to the Council and were disposed of in the manner indicated: 1. LOS ANGELES COUNTY BOUNDARY COMMISSION, being notice that the City of Hawthorne has filed proposals with said commission for Freeman Annexation, revised, Yukon and Hindry annexations; also, City of Inglewood has filed proposal with said commission for Sixth Hindry annexation. Ordered filed. 2. CITIES OF BALDWIN PARK AND TORRANCE, enclosing resolution petitioning the Metropolitan Transportation Authority to invite proposals for private financing and construction of a mass transportation system. It appearing that the Council approved of the action taken by these cities in asking private financing of the mass transportation facility, it was moved by Councilman Frederick, seconded by Councilman Tandy that the City Attoxr}ey be ..p d to prepare a Resolution to this effect. Motion carried. '(Fc so.2060, 3. TRIDENT INDUSTRIES, requesting permission to park two office trailers on property located at 111 -115 Main Street, until April 30, 1964. Councilman Frederick stated that he had investigated the situation and concluded that these trailers would not be objectionable and since Mr. O'Bannon reported that they would not diminish the required parking facilities, it was moved by Councilman Frederick, seconded by Councilman Kimport that the Council approve the request by Trident to park these trailers on their property. Motion carried. 4. BURTON E. JONES, First Vice President, LOS ANGELES COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES, requesting the City Council to discuss proposals as outlined in their letter. Councilman Tandy, the City's representative to this committee on Intergovernmental Affairs, reported as follows: _ "Originally, this Committee was set up by some interested parties for the purpose of exploring intergovernmental cooperation, particularly in the area of one - number telephone system for emergency calls, a system of centralized fire communications, mutually agreed upon interjurisdictional response on •a day -to -day basis for difficult to serve areas, cooperative fire training programs, and central purchasing of some mutually agreed upon types of fire equipment. . . I attended a meeting of representatives from 34 cities in which it was decided it would be entirely too cumbersome if it were handled by the cities at large; that it should be considered a function of the League of California Cities, Los Angeles County Division. The formation committee decided to leave it up to the League of California Cities local Board of Directors, with the idea that the President of the Los Angeles County League would form a committee consisting of five people -- three appointed at large, one man from the City of Los Angeles and one man from the County of Los Angeles, each of these positions to be backed up by an alternate. It was felt that this smaller committee backed up by the technical personnel available would be far more effective and could ac- complish these things which are very necessary. The City of E1 Segundo has a mutual aid agreement with the City of Hawthorne in which our emergency calls go to them and are relayed back to us or to their people, whichever the.situation dictates. We feel this is an excellent thing -- it is the way cities cooperate to save money. There is also a legal area which -some people question as to whether the cities have the right to sign total mutual aid agreement if there is no law empowering the general law cities to pass these agreements. On December 5, Mayor Baker and myself attended the meeting and in your behalf, approved the action of the Los Angeles County Board of Directors of the League of California Cities in taking this action. We hope we did right, with your permission. We felt that we were all of this mind, having discussed it informally on many occasions." -2- X 1633 It was then moved by Councilman Swanson, seconded by Councilman Frederick that the action of the Committee taken at the meeting of December 5 be and the same is hereby ratified, confirmed and adopted. Motion carried. Councilman Tandy asked City Attorney Bush if he was familiar with this controversy as to whether the cities are legally permitted to make mutual aid agreements, and Mr. Bush stated he had heard the issue come up and as a matter of fact, on our mutual aid agreements to date we have justified them under joint powers provisions in the Government Code and Civil Defense and the unwritten powers, and are reasonably confident that in the issues of national emergency, etc. , there would be no question but that the Court would uphold them, but to specifically in each instance find a supporting statute, if you broaden the scope of your joint activities, it emphasizes the question you refer to. Councilman Tandy stated that Mr. Nicklin and some of the other legal minds believe it is allright and yet they would feel a lot safer if it ever came to a showdown that they would have enabling legislature from Sacramento, permitting General Law cities to do this; that there are some cities who do not understand that they cannot cross city boundaries. 5. MRS. MARGARET GUTHRIE, requesting permission for E1 Segundo Assembly No. 142, ' RAINBOW FOR GIRLS, to sell candy and calendar date books on December 18 and 19, 1963, between the hours of 6 :00 P.m. and 8 :00 p.m. Each group of Rainbow Girls would be accompanied- by an adult and the candy and calendar sales would be on a house -to -house basis. Motion made by Councilman Kimport, seconded by Councilman Swanson that this request be approved. Motion carried. 6. COMMUNITY SEVENTH DAY ADVENTIST .CHURCH, Hawthorne, requesting permission to solicit funds in E1 Segundo in its annual Christmas Caroling and Ingathering campaign from December 8 to 25, 1963. Motion made by Councilman Tandy, seconded by Councilman Kimport that the above request be approved. Motion carried. 7. MR. & MRS. ROY E. JONES, 123 Sierra Street, commending the El Segundo Police Officers Heany and Kaiser on their alertness during a recent incident at their trailer home. Copy of this correspondence having been sent to the Police Department, it was ordered filed. ORAL COMMUNICATIONS 1. MR. WILLIAM LAWSON, 730 Indiana Court, addressed the Council for clarification of a portion of the business license ordinance. Mr. Lawson has a four -unit apartment building, one unit of which he has always used for his own dwelling. He questioned whether he was required to pay the business license fee on the apartment in which he is living. After dis- cussion this was referred to the City Attorney for study and report back at the next Council meeting to be held December 23, 1963. REPORTS OF OFFICERS AND SPECIAL COMMITTEES CITY MANAGER SAILORS MADE REPORTS AS FOLLOWS: 1. Presented bids from the following companies for replacement of the Bell & Howell sound 16mm movie projector for the Police Dept. Leonard's Camera Shop $ 750.00 LaTijera Camera Shop 750.00 E1 Segundo' Camera Shop 760.00 Harry Scroggs, Inc. No bid Recommended that this piece of equipment be purchased from Leonard's Camera Shop for $750. 00, funds for which are included in the present budget. ; Motion was made by Councilman Tandy, seconded by Councilman Swanson, that the bid of Leonard's Camera Shop in the amount of $750. 00 be accepted for the Bell & Howell sound 16mm movie projector for the Police Department and a purchase order be issued for same. Motion carried by the following vote: -3- X 1634 Ayes: Councilmen Frederick, Kimport, Swanson, Tandy and Mayor Baker; Noes: Councilmen none; Absent: Councilmen none. 2. Recommended that in accordance with Ordinance No. 562, creating a Personnel Merit System for the Fire Department and other Departments, the California State Personnel Board conduct a promotional examination for Fire Engineer, Fire Captain and Battalion Chief on December 14, 1963. Motion was made by Councilman Frederick, seconded by Councilman Tandy that the recommendation of the City Manager be approved and that the California State Personnel Board be authorized to conduct promotional examination for the Fire Department on December 14, 1963. Motion carried. 3. Reported that bids had been solicited on the furniture for the Library and after traveling around to many different towns and looking over the products available in this line, it is recommended that the shelving and charge -out desk be purchased from Remington Rand for a net price of $15, 538. 30 and that the balance of the furniture needed be purchased from American Seating Co, for a net price of $11, 556. 84. Motion was made by Councilman Swanson, seconded-by Councilman Kimport that the charge -out desk and shelving be purchased from Remington Rand for $15, 538. 30 and the balance of the furniture be purchased from American Seating Co. for $11, 556. 84. Motion carried by the following vote: Ayes: Councilmen Frederick, Kimport, Swanson, Tandy and Mayor Baker; Noes: Councilmen none; Absent; Councilmen none. 4. Requested permission to take four days of his accumulated vacation, December 23, 26, 27 -and 30. Motion made by Councilman Frederick, seconded by Councilman Tandy that the above request be approved. Motion carried. CITY CLERK MADE REPORTS AS FOLLOWS: 1. As requested, the City Clerk reported on the Election Boards; that each Board works out a schedule so that all members have some time off during the day; that all members should report for duty at the opening of the polls and all should be on duty after 5 or 5 :30 in the after- noon. Section 14216 of the Election Code requires two members of the Board to be present at all times. In view of the consolidation to 15 voting precincts for the municipal election to be held April 14, 1964, no additional workers were recommended. CITY ATTORNEY BUSH MADE REPORT AS FOLLOWS: 1. 'In the matter of Experimental Specialties vs the City of E1 Segundo, the insurance carrier has employed the law firm of Dryden, Harrington', Hagan & Schwartz. The litigation is being processed toward the date of trial. The theory of the case is based on damages based on negligence and damages based on a willful taking, generally speaking. At a certain point in the case it is quite certain that the element of damages based on negligence will be removed from the case by motion of the Plaintiff's attorney, at which time it would be necessary that we continue the case on a willful taking basis. It is my recommendation that the City continue the employment of this firm of attorneys who have taken the depositions and have -done the research and preparation to date and I would most respectfully recommend that you authorize their continuing the defense in the case for and on behalf of the City, and further authorize the retainer fee of $500. 00 which they have requested. The additional fee will be $250. 00 a day in court, which is a standard fee. The depositions and other expense that have been incurred will of course be paid by the insurance carrier. Mr. Tandy asked that this is in the event the plea is amended, and was told that was the case. X 1635 Moved by Councilman Tandy, seconded by Councilman Swanson, that the recommendation of the City Attorney be approved; that the law firm of Dryden, Harrington,Il6rgan and Schwartz be authorized to continue the defense in the case of Experimental Specialties vs the City of E1 Segundo, that a retainer fee of $500. 00 be authorized, and that additional fees at the rate of $250. 00 per day in court be authorized. Motion carried by the following vote: Ayes: Councilmen Frederick, Kimport, Swanson, Tandy and Mayor Baker; Noes: Councilmen none; Absent: Councilmen none. ASSISTANT DIRECTOR OF PUBLIC WORKS ALLEN MADE REPORT AS FOLLOWS: 1.. Requested approval of Change Order No. 1 - East Imperial Storm Drain by Sully- Miller Company, in the amount of $1, 732. 00 due to complications in relocating existing underground traffic signal facilities at Douglas and Imperial. Motion made by Councilman Frederick, seconded by Councilman Swanson that Change Order #1, for Sully- Miller Company in the amount of $1, 732. 00 be approved. On roll call, motion carried by the following vote: Ayes: Councilmen Frederick, Kimport, Swanson, Tandy and Mayor Baker; Noes: Councilmen none; Absent: Councilmen none. PAYING BILLS The following demands, having had the approval of the Committee on Finance and Records, were read: Warrants No. 3792 to 3899 inclusive: General Fund - - - - -- Water Operating Fund - Library Fund - - - - -- Pension Fund - - - - -- Water Consumers Fund Trust Fund - - - - -- $ 176, 824. 14 4,323.44 2,356.96 7,569.77 302.05 2,769.90 TOTAL $ 194, 146.26 Moved by Councilman Tandy, seconded by Councilman Frederick, 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 Frederick, Kimport, Swanson, Tandy and Mayor Baker; Noes: Councilmen none; Absent: Councilmen none. No further business to come before the Council at this meeting, it was moved by Councilman Tandy, seconded by Councilman Swanson, the meeting adjourn, the hour of adjournment being 7 :45 o'clock p.m. Motion carried. Respectfully submitted, ,fAOL" 'sit r:e a-P APPROVED: City Clerk Mayor