1938 JUN 29 CC MIN141
El Segundo, California.
June 299 1938.
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A regular meeting of the City Council of the City of E1 Segundo, California,
was called to order at 7:00 o'clock P. M. on the above date, in the Council
Chamber of the City Hall of said City, by Peter E. Binder, Mayor.
ROLL CALL,
Councilmen Present: Hesser, Love, Selby and Mayor Binder,
Councilmen Absent: Gerow,
READING OF MINUTES OF PREVIOUS MEETING.
The minutes of the regular meeting held on the 22nd day of June, 1938,
were read. No errors or omissions appearing, it was moved by Councilman
Selby, seconded by Councilman Love, the minutes be approved as read. Carried.
The following communications, which were read to .the Council, were
disposed of in the manner- indicated following the reference to each hereinafter:
STATE, BOARD OF EQUALIZATION, dated June-22nd,, 1938, notification of the
application of Gladys M. Ainsworth, doing business.as Al's Coffee Shop,
for an "On Sale Beer and Wine" license, at 120 West Grand Avenue, E1 Segundo.
Ordered filed.
SMTSVEST, DISTRICT HIGIMAYS ASSOCIATION, dated June 25th, 1938, a
post card notification of the holding of its regular monthly dinner meeting
at dines Field Cafe, Thursday, June 30th, at 6:30 P..M-.
Moved by Councilman Selby,,seconded by Councilman.Love,: that Councilman
Hesser and Asst. City Engineer Frank Chil,son be authorized to .attend the
meeting of the Southwest District Highwerys Assoeiation,,.to be held at Mines
Field, Thursday, June 30th, 1938, and to file their demands for their actual
and necessary expenses .in connection therewith. Carried by the following
vote:
Ayes: Councilmen $esger,,-Love,
Noes: Councilmen.None.
Selby and Mayor Binder.
Absent. Councibian Gerow. .
APPLICATIONS.by.Herbert A.- Slater; Paul A._ Hart,.Chas: L. Mcllwaine,
Frank L.. Stanton, Glenn-A.:Lanphear, Eugene Bland, Charles E. Smith, Walter
Edwand Porter, for.amployment by the City of El Segundo. ..Ordered filed.
LEAGUE OF CALIFORNIA.MMICIPALITIES, dated June 22nd, 1938, a bulletin
respecting the Denvention of the League to be-held at Santa Barbara, California,
Sept. 6th to 9th, incl. 1938,- and. urging that reservations b; ''made at an
early date. Ordered filed.
ELSIE OIL COMPANY, dated June 21st, 1938,.adv1s1ng tfi4t in so far as
said . Company _is concerned, the owner of Lot 38,- Tract...%l2, -E1 Segundo,, not
now, included . in. the.lease known . as "El Segundo ommunity pease. No. -4-A" may
be privileged to .n lease at any time prior.to the setting of.casing
in the well :known as "Sovereign Oil Corporation Elsie No: •2 ", to be drilled
upon said lease, permit for which was granted at a regular meeting df the City
Council of the-. City. of El Segundo held June 15th, 1938.
The City Clerk t$en explained that in.cheeking the..applioation . of
Sovereign Oil Corporation for a permit to drill in the before mentioned lease,
he discovered that Lot 38, Tract 3011 was not included thereii and..that there-
for* the owner of the property had not been advised prj.or to the:time.of the
granting of the permit that the application was.,pending before the Council.
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It was thereupon moved by Councilman Hesser, seconded by Councilman Love,
that the following resolution be adopted:
WHEREAS, under date of June 15th, 1938, the City Council
of the City of E1 Segundo, California, granted a permit to
Sovereign Oil Corporation for that certain oil well known as
"Sovereign Oil Corporation -Elsie No. 2 ";
AND WHEREAS,, at the time said permit was granted it was
represented to this Council and this Council believed that all
properties reasonably affected by the said well were included
within the lease under which the same was to be drilled;
AND WHEREAS, this Council- finds that the following
described real property located iir the City of E1 Segundo,
County of Los Angeles, State of California, to -wit: Lot 38,
Tract 3012, was not and is not included within the said lease
and that the same is within the area affected by said well;
AND WHEREAS, this Council believes that the said
representation was not wilfully made so as to mislead the .
•Council in any way, but that same was due merely to inadvertence
and excusable neglect;
NOW, MMFFORE, BE IT RESOLVED by the City Council of
the City of El Segundo, California as follows:
1. That this. Council Thereby finds and determines
that the said representation was not wilfully made.
2. That said Council hereby further determines
that said permit shall not be forfeited by reason
of such representation, provided that the owners of
the real- property hereinabove described are given
the right and privilege of joining in and including
the said property in said lease at any time prior
to the setting of final casing in said well.
The foregoing resolution was adopted by the following vote : -
Ayes:- Councilmen Hesser, Love, Selby and Mayor. Binder.
Noes: Councilmen None. —"
Absent: Councilman Gerow*
• ORAL COMM MCATIONS.
Kenneth Bogan inquired of the Council how he might obtain the amount
from the-City-which was due his father! A. G. Bogart, as salary. at the time
of his father's death. It appearing as .a result of questioning by the City
Attorney that A. G. Bogan left no estate which will require:probate, and
that his son, Kenneth Bogan and one grandchild are the only heirs, he was
directed to call upon the City Clerk sometime in the nearffuture for the
execution of documents which will enable the Council to.draw a warrant in his
favor for the sum(' due his deceased father at the time-.of his death*
None.
REPORTS OF OFFICERS AND SPECIAL CO = TTEgS. .
The City Clerk reported that Safeway Stores Company softball team
desired to conduct a donkey baseball game -on the night baseball grounds on
some date which might be laade available to the.team and wished to know
whether or not the Council had any objection thereto.) The Council, by
general co�nsent,.Andicated it would have no objection'it there is-an avAilable
data. C
The City Attorney reported-that there had been-_served upon his office
a complaint filed by the Southern California Telephone Company in the case
entitled: "Southern California Telephone Company, a Corporation, vs. City of
E1 Segundo, a Municipal Corporation,, No. 428886, in the-Superior Court of
Los Angeles County ". He explained that this.action was an.action similar to
that which had been filed by the Telephone.Company in previous years.- These
actions, he explained, were filed by the Telephone Company in order to avoid
the running of the Statute of Limitations against the purported cause of zettem
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action which the Company alleges it has and also to•,avoid any claim on the
part of the defendant that the Company was guilty of latches or delay.
The suits, he stated, concerned themselves with the contention of the
Telephone Company that the State Board of Equalization, in making assessments
of public utility property, now taxable, had acted arbitrarily and had made
a discriminatory assessment of their property as campared.to other properties.
He stated that the Company had, at the time the suit was.served, furnished a
stipulation extending the City's time to demur, answer or otherwise plead
until 10 days after further written notice from the Company's attorneys , the
same as they had in the suit filed about a year-ago. He stated that a large
number of these suits had been filed, one against practically every city in
California where the Company did business or received any appreciable revenue.
After hearing the report of the City Attorney, it was moved by Council-
man Love, seconded by Councilman Selby,-the following resolution be adopted;
RESOLVED, that the City Attorney be and he is hereby
authorized and instructed to appear in-that certain action
bearing Number 428686, in the Superior Court of the State of
California, in and for the County-of Los Angeles, entitled:
"Southern California Telephone Company; a Corporation, vs.
City of El Segundo,.a Municipal Corporation", and to make
defense of,said action on behalf of said defendant City,
filing such documents and pleadings and taking such proceedings
and making such arguments as.in his opinion will best subserve
the interests of said City and protect its position in the
matter; and
BE IT FZTRTHER RESOLVED, that said City Attorney shall be
entitled to receive and there shall be paid to him an additional
compensation for his services with reference to the said action,
to tte paid upon presentation of proper demand therefor,to be
audited and approved in the usual manner.
The foregoing resolution was adopted,by the following vote:.
Ayes: Councilmen Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilman Gerow. _
The City Attorney reported that the form of contract•.,submitted by
the Health Officer of Los Angeles County covering the performance of health
services for the City.of El Segundo by the--Health Department of Los Angeles
County, referred to him for examination, is approved as to,form, whereupon
it was moved by Councilman Love, seconded by Councilman Selby, that the
following resolution be adopted:
. .RFSOLVED,-that the�City of El Segundo, California,.
enter into,an agreement with the County of Los Angeles
for.the performance of public health services in and for
the City of E1 Segundo -by the County Health Department of
said County; that the form of agreement submitted to*this
Couacil this date by the Los Angeles County Health Depart-
ment be and the same is hereby approvad: and the Mayor of
the City of E1 Segundo, in.its name and on.its•behalf be
and he is hereby authorized and instructed to sgrl the
said Agreement apd.the City Clerk to attest the same; and
BE IT F M=- RESOLVED, that the City Clerk be and
be is hereby directed to cause four copies..-of said_Agree-
ment, when so signed, to"be transmitted to. the Board of
Supervisors of Los Angeles County for execution by said
Body, one copy thereof, when returned to him duly signed
by said Board of Supervisors, to be placed on file in his
office.
The foregoing resolution was adopted by the following vote:
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-Ayes: Councilmen Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
Absent: Councilman Gerold,
SPECIAL ORDER OF BUSINESS.
The hour of 7:15 o'clock P. M.' at this meeting, having heretofore been
fixed as the time and date for considering bids heretofore received for
leasing certain real property owned by the City of El Segundo for oil
drilling purposes and said hour having arrived, the Mayor announced that
the Council would proceed with -the consideration of the bids so received.
After discussion by the Council,-it was moved by Councilman Selby,
seconded by Councilman Love, that the following resolution be adopted:
WHEREAS, this Council did heretofore, pursuant to
a notice bearing date the 18th day of tiny, 1938, receive
two bids for the leasing by said City for Qil we"
purposes of the property owned by said City and which is
commonly known as the Water Works property;
AND WHEREAS, at its meeting of June 8th; 1938, this
Council did reject the bid of Sovereign Oil Corporation as
not responsive to the published notice inviting bids and
did on said date take the remaing bid, to wit, that of
Burnoel Petroleum Company under consideration;
AND WHEREAS, this Council issnow reached a decision
with reference to the said matter;
NOW FORE, BE IT RESOLVED, that the bid of said
Burnoel Petroleum Company, which has been taken under
advisement by this Countil until this time,'be also rejected.
The foregoing resolution was adopted by the following vote:
Ayes: Councilmen Hesser, Love, Selby and Mayor Binder.
Noes:' Councilmen None,
Absent: Councilman Gerow.
UNFINISHED BUSINESS.
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Consideration was given to the matter of a contract for the
performance of public pound services for the City of El Segundo, inasmuch
as the current contract expires June 30th, 1938, during which the City
Clerk advised that the Inglewood Humane Society is willing to continue
operating on a month to month basis pending the award of a new gontract.
Discussion followed, terminating in a motion by Councilman Selby,
seconded.by Councilman Love, that the City Attorney be and he is hereby
directed to prepare the form of notice and the :City_ Clerk authorized and
directed to publish said notice, when so prepared, calling for bids for
the performance•of public pound services in and for the City of E1
Segundo. Carried by the following vote:
Ayes: Councilmen Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.' -
Absent: Councilman Gerow,
PAYING BILLS.
The following demands, having had the'•approval of the Committee on
Finance and Records, Mere read:
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Moved by Councilman Love, seconded by Councilman Selby, 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 Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
t Absent: Councilman Gerow.
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NEW BUSINESS..
Moved by Councilman Love, seconded by Councilman Selby, that K. Be
Campbell be and he is hereby granted a one week leave of absence$- without pay,-
T beginning June 27th, 1938. Carried.°
Moved by Councilman Love, seconded by Councilman Selby, that Neva M.
Elsey be granted her customary annual two weeks vacation, beginning July 11th,
1938. Carried by the following vote:
• Ayes: Councilmen Hesser, Love, Selby and Mayor.Binder.
- Noes: Councilmen None,
Absent: Councilman Gerow.
At this point Mr. Frank Smith addressed the Council relative to the
construction-of sewers -in a• portion of the City of-El Segundo lying easterly of
Center Street and northerly of Grand Avenue, explaining,his reasons.for believing
this to be a necessity. At the conclusion of his remarks, the City Engineer,
by general, consent; was instructed to work out feasible plans and to submit the
same to this Council, with his estimate `of the costofdoing -said work._..
No further business appearing to-'be transacted at.this meeting, it was
moved by Councilman Hesser, seconded by- Councilman Love,-the meeting adjourn.
Carried.
Respectfully submitted,
Approved:
City
Mayor. -
General Fund
Water Works Fund
Grimes- Stassforth State
Co. $18.55
Griffith Hardware Co.
6.23
Los Angeles Fireworks Co. 11.12
Grinnell Co.
14.18
Pacific Tin Refinery
5.50
Hacker Pipe & Supply Co.
36.02
Griffith Hardware Co.
11.45
Hersey Mfg. Co.
52.34
Victor D. McCarthy, City Clerk 9.92.
R. T. Hutchins..
44.47
-TOTAL . 56.54
Layne & Bowler
443.79.
Los Angeles Stamp & Stat-
Water Works Fund
ionery Co.
1.39
Rensselaer Valve Co.
62.14
J. G. Tucker & Son
16.05
James Hunt
11.20
0. L. Tidwell
33.60
Paul Allen
33.60
M. A. Anthony
27.30
E. R. McCartney
33.60
C. P..Grabill
33.60
Lee T. Patterson
33.60
Earl Cartland.
33.60
A. Comstock
33.60
H. L. Martz
33.60
W. H. Knapp
52.80
W. Zivalic
16.80
V. Lister
11.20
S..H. Bissell
30.45
A. L. Hoblit
28.00
H. Be Clybourn
23.00
J. Wood
22.40
E. M. Miner
17.60
TOTAL
1186.16
Moved by Councilman Love, seconded by Councilman Selby, the demands be
allowed and warrants ordered drawn on and paid out of the respective funds
covering the same. Carried by.the following vote:
Ayes: Councilmen Hesser, Love, Selby and Mayor Binder.
Noes: Councilmen None.
t Absent: Councilman Gerow.
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NEW BUSINESS..
Moved by Councilman Love, seconded by Councilman Selby, that K. Be
Campbell be and he is hereby granted a one week leave of absence$- without pay,-
T beginning June 27th, 1938. Carried.°
Moved by Councilman Love, seconded by Councilman Selby, that Neva M.
Elsey be granted her customary annual two weeks vacation, beginning July 11th,
1938. Carried by the following vote:
• Ayes: Councilmen Hesser, Love, Selby and Mayor.Binder.
- Noes: Councilmen None,
Absent: Councilman Gerow.
At this point Mr. Frank Smith addressed the Council relative to the
construction-of sewers -in a• portion of the City of-El Segundo lying easterly of
Center Street and northerly of Grand Avenue, explaining,his reasons.for believing
this to be a necessity. At the conclusion of his remarks, the City Engineer,
by general, consent; was instructed to work out feasible plans and to submit the
same to this Council, with his estimate `of the costofdoing -said work._..
No further business appearing to-'be transacted at.this meeting, it was
moved by Councilman Hesser, seconded by- Councilman Love,-the meeting adjourn.
Carried.
Respectfully submitted,
Approved:
City
Mayor. -