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1948 AUG 18 CC MINS 2'78 El Segundo, California. August 18, 1948. 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. Councilmen Present: Baker, Swanson, Thompson and Mayor Selby. Councilmen Absent: Peterson. READING OF MINUTES OF PREVIOUS MEETING. The minutes of the regular meeting held on the 11th day of August, 1948, having been read, without error or omission having been noted, it was moved by Councilman Baker, seconded by Councilman Thompson, the minutes of said meeting be approved as recorded. Carried. WRITTEN COMMtJrTICATIONS. Written communications, received from the persons, firms or corporations hereinafter named, were read to the Council, and were disposed of in the manner indicated, following reference to each hereinafter: LUTHER WILLIAM SNIDER, dated 8/16/48; FLOYD LEONARD MATTO%, dated Aug. 16, 184; BOB J. BRIGHTWELL, dated Aug. 16, 1944; and RUBEN C. COMPTON, dated 16 Aug. 1948, each being application for employment �y the City of E1 Segundo. Ordered filed. PACIFIC RADIONICS, by Charles C. Moore, Jr., Owner, dated August 17, 1948, being proposal for the maintenance of the E1 Segundo Police and Fire Departments radio communication equipment, all as more particularly set forth in said communication. Chief of Police Hutchins informed the Council that F. E. Dine, who has been maintaining the radio communication system for the Police Department, has been in the hands of a receiver for the past three or four months; that a representative of said F. E. Dine had informed him that the organization was no longer in a position to do radio maintenance work, and that therefore, it is necessary to Immediately employ another firm or person to perform said work; that he had requested Captain DeBerry of the Police Department to make inquiries respecting other persons or firms who might be qualified and available to do said work; that this had been done. and that in his opinion, Mr. Moore is thoroughly competent and qualified to perform the services required of a radio maintenance man. Following the report of the Chief of Police, it was moved by Councilman Baker, seconded by Councilman Thompson, the following resolution be adopted: -1- W MRAS, the Chief of Police has reported to this Council that Yx. F. E. Dine has abandoned and is not per - forming the duties required of him under contract or arrangement, under and by virtue of which said F. E. Dine,. has been servicing the radio equipment of the City of El Segundo; AND, WMEAS, it is essential that said equipment be kept in good order and first class operating condition at all times in order to preserve and protect the public peace, health. safety and convenience of said City; NOW, THEREFORE, BE IT RESOLVED, that effective at 12:00 o'clock midnight on this date, August 18, 1948, the said existing contract or agreement between the City of E1 Segundo and said F. E. Dine for the servicing of the radio equipment of the City of E1 Segundo, shall be and the same Is hereby cancelled and annulled; AND, BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby instructed to forward a certified copy of this resolution to said F. E. Dine for his information and as notice of the cancellation hereby made. On roll call the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. Thereafter, it was moved by Councilman Thompson, seconded by Councilman Baker, the following resolution be adopted: WHEREAS, tile City of E1 Segundo has received a communication in words and figures, as follows: "August 17, 1948. 'City Council City of E1 Segundo E1 Segundo, California Gentlemen: I have been requested by Captain Deberry to present this proposal for the maintenance of the E1 Segundo Police and Fire Department radio communication equipment for your consideration and approval. The service plan that is proposed is designed to include all the necessary fees and services that are normally encountered in the proper maintenance of emer- gency radio equipment. This consists of regular mainten- ance functions, periodic inspections and procedures every three months, freoueney measurements, licensing, re- installations, and operating supervision. We also re- present the city in its best interests with the Associated -2- 2 ?9 Police Communication Officers, Inc., a national organ - ization for the coordination of police communication activities. The rates for this service are as follows: Fcr each mobile unit, per month - - - - - - - $10.00 For each Mainstation unit, per month - - - - - - 20.00 For each auxiliary unit (remote controls, monitors, etc.) per mo. - - - - - - - - 3.00 Parts supplied by Pacific Radionics will be billed for at the current list price less ten per cent for the first fifty dollars and twenty per cent for all above fifty dollars for each monthly billing. Pacific Radionics assumes risks only to the extent of normal wear and tear, or damage resulting from normal operation. Damage incurred as a result of accident, fire, floods and other Acts of God will be placed in good repair at current trade rates, or by special contract as may be deemed best. The installation of the new radio equipment to be purchased by the city will not be considered a part of this proposal. Reinstallation of mobile equipment is charged for Where the equipment has not been under service agreement for a period of six months. I hope that this proposal meets with council approval and that we may receive the ,job of maintaining the City's equipment in the very near future. Very truly yours, Charles C. Moore, Jr. Owner. AND, WHEREAS, in order to preserve and protect the public peace, health, safety and convenience of the City of E1 Segundo, it is essential that the radio equipment of said City be kept in good order and first class operating condition at all times; AND, WHEREAS, the Chief of Police of said City has reported to this Council at this meeting that, as a result of investigation made by his Department, he believes the said Charles C. Moore, Jr. to be competent in all respects to perform the services required in the maintenance of the said radio equipment; NOW, THEREFORE, BE IT RESOLVED, that this Council hereby accepts the proposal therein made, on a month to month basis, subject to cancellation upon thirty days written notice one to the other, and does hereby employ the said Charles C. Moore, Jr., owner of said Pacific Radionics, for the purposes and upon the basis as set forth in the above quoted communication; -3- 281 AND, BE IT FURTHER RESOLVED, that this arrangement shall be effective as of on and after the 19th day of August, 1948. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes:_ Councilmen None. Absent: Councilman Peterson. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, dated August 9, 1948, requesting that, in connection with the proposed vacation of Palm Avenue between Center Street and California Street, El Segundo, said Company be reserved a ten -foot easement along the north and south sides of Palm Avenue, as more particularly set forth on drawing accompanying said com- munication, for the purposes of construction, operation and maintenance of telephone, telegraph and communication structures. Ordered filed. CLAUD HOLLICK, undated, stamped "Received Aug. 13, 194811, a suggested plan for a consolidated, economical and efficient organization and operation of the necessary and/or convenient public service routinesin the 44 cities of Los Angeles County, not including the City of Los Angeles. Ordered filed. BERNARD LAWLER, Attorney at Law, dated August 16th, 1948, subject: "Re: Application of Emanuel and Alma Jensen,for Zone Change ", advising that his clients, Emanuel Jensen and Alma Jensen, applicants in said referenced matter, request that their application be withdrawn from further consideration and that the property, subject of said application, remain classified as R -1. Following the reading of said communication from Mr. Lawler, by general consent same was ordered received and filed. CITY PLANNING COMMISSION, dated August 18, 1948, to which was attached copy of said Commission's Resolution No. 36, stating that said Commission has set, on its own motion, the proposal to reclassify Lots 2, 3, 4 and 5, Block 115, now classified as R -1 to the R -2 classification, and that public hearings on such proposed reclassification will be held by said Commission on Monday, September 13th, 1948 and on Monday, the 27th day of September, 1948. Ordered filed. CITY PLANNING COMMISSION, dated August 18, 1948, to which was attached copy of said Commission's Resolution No. 37, approving proposed amendment to the Zoning Map of Ordinance No. 306 (the zoning ordinance) of the City of E1 Segundo, as more particularly set forth in said Resolution, together with the Commission's complete file with reference to the same. It was thereupon moved by Councilman Thompson, seconded by Councilman Baker, the following resolution be adopted: RESOLVED, that the matter of proposed amendment to the zoning map of Ordinance No. 306 (the zoning Ordinance) of the City of E1 Segundo, and the recommendations of the Planning Commission with reference thereto, be set down for public hearing before this Council at the regular meeting of said Council to be held on Wedneaday,the 15th day of September, 1948, at the hour of 7:00 o'clock P. M. in the Council Chamber in the City Hall of the City of E1 Segundo, in said City; -4- S 282 AND, BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized and instructed to give notice of said hearing in time, form and manner as re- quired by law. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilmen Peterson. DICK DRAKE, Mayor, City of Newport Beach, dated August 11, 1948, inviting the Mayor and members of the City Council to be present at the dedication ceremony of said City's new City Hall on Tuesday, August 24, 1948, at one o'clock. It wearing that no member of the City Council will be able to attend said ceremony, the communication was ordered filed. The Mayor, at this time, stated that this was the time and place for the hearing on the application of Robert H. Dietrich for change of zone from R -3 to C -2, covering the Northerly 85 feet of Lot 6, Block 106, E1 Segundo, and which application the City Planning Commission, by its Resolution No. 32, adopted July 15, 1948, had disapproved. The City Clerk was then asked if the required notices of this hearing had been given, whereupon the City Clerk advised that such required notices had been given and that affidavits showing the fact of the giving of such notices were on file in the records relating to this matter. Such affidavits were thereupon ordered made a part of the records in this pro- ceeding. The Mayor then inquired of the City Clerk if any written communications had been received by him in connection with said hearing, and the City Clerk replied in the negative. Mayor Selby then announced that all files of the City Council and of the Planning Commission of the City of E1 Segundo with reference to said matter will be considered as evidence and have been so placed. Mayor Selby stated that it was the usual procedure of the Council to hear first from those persons in favor of granting any applications for zone change or reclassification, and that this procedure would be followed in this instance. He thereupon announced that the Council would now hear from those persons in favor of granting the application of Robert H. Dietrich for zone change of certain property as hereinbefore set forth. The following persons then testified in favor of such zone change: Robert H. Dietrich, 315 E. Maple Avenue: Naturally I am in favor of the project because it is my own. I put in for a C -2 zone purely for the reason of putting in the setback of three feet. Under the R -3 I would have to give front and rear yards, and the front of my lot on Loma Vista Street. I figure on making the motel face Imperial. That is purely my reason for zone change. We now have one house 3 feet from the east property line, where I am supposed to setback about twelve feet for rear yard purposes. -5— I now have a house thres feet from the East property line, which under the law requires five. I now want to go three feet west of the property line, which is Loma Vista, because east and west will be sides of my project. Why I put in for C -2 and also got neighbors signatures there Is because most of those fellows were under the impression that was already C -2, so at my hearing before the Planning Commission I informed them they could probably save themselves a lot of work, plus expense of my friends and neighbors out there by making the change under the one if they wished, but instead they took them up separately and I understand they had two obja- Lives. At the time I had approximately twenty names of those in favor, then before they give me a decision, they held the hearings on this other deal. Then they give disapproval of change of zone, where I think myself it is too late to disapprove since they only had two persons disapprove on the earlier hearings. My $25.00 was put up for my corner. I want to put may buildings up three feet from the property line whether they wish to change zone or not. Under C -2 I can automatically do that. Mayor Selby: This Board can only entertain change which was asked for in beginning. Mr. Dietrich. That would include variance, etc. Mayor Selby. No, we can only entertain request for change from R -3 to C -2. Am I not right, Mr. Attorney: Mr. Woodworth. Yes, one petition for one certain thing. Notices were sent out on that basis, hearings were had on that basis and in my opinion Council cannot consider anything else. If he now wishes to apply merely for variance, he would have to apply for new variance with Planning Commission. Their recommendation would come to Council and Council then might act. Mr. Dietrich: I put the $25.00 up of course for my change of zone. Now since the City acted on it and did not accept it, there is no object in me putting up $25.00 for a variance, since they took this under consideration as a whole. Mr. Woodworth. No, that is not exactly correct. You filed for a zone change, that is the way it comes before the Council at this time from a legal standpoint. Mr. Dietrich. After my two hearings should they not have given me a decision on my application! Mr. Woodworth: Yes, they should have said we recommend the Council grant it or the Council deny it. In my opinion an applicant for any relief under municipal regulations is entitled to have his matter processed on that application and it should be processed to a decision. Now if during discussions under that, it appears there is some other remedy he might have, then I think it would be necessary for him to file application for that remedy rather than try to mix up proceedings for zone changes with variances. I think if it is filed as application for zone change it should be processed clear through. If it is for variance it should be so processed and should not be mixed up. I think they are separate remedies and relate to different requests. IN 28-3, Mr. Dietrich: At the and of my two hearings should they not have advised me I should ask for variance at that time? Mr. WoodwortIo I cannot say, I was not present. It is not incumbent upon the Commission to advise an applicant what he should do. If it appeared during diazussions that you might have had a chance to get a variance, why then you might have at that time asked for permission, perhaps, to amend your application to show application for zone variance instead of zone change. If you had done so, then I at least would have recommended to the Commission that they give notice of the filing of your application and have hearings on the amended application and make their recommendation to the Council on that basis. Apparently that was not done and it is not incumbent upon the Commission to recommend what you should do in the matter you are processing before them. Mr. Diet -ich. If there were only two persons at the time who disagreed upon change to C -2, why could they not give me a decision at that time? Mr. Wocdwort:h; Me Commission's recommendation was that this application for zone change be denied. Your application has been processed as a zone change and it now stands before the Council whether the Council will over -rule the Com:mis8icn and grant a zone change or whether the Council will sustain the Commission and deny the zone change. If they take any one of these proceedings, that would terminate the application. Mr. Dietrich; Do I have to make another payment of $25.00? I should not have to if they do handle it as a whole. The Commission took it as a whole and I should not have to give another $25.00. Mr. Woodwor *,h thsn asked for information from the City Clerk as to actions of the Plar"ping Commission in the matter, which was given. Mr. 'Woodworth- Then your property has been processed twice, once Individually, for which you paid and again in combination with other properties for which you will not have to pay, but in both instances they have recommended to the Council the zone be not changed. It is left entirely up to the Council. Mr. Dietrich: All I am interested in is on my own corner, and I believe the Commission should have given me an answer on my own application. Mr. Woodworth.- You are entitled to a yes or no from the Commission on your application and a yes or no from the Council on your application. The Mayor asked Miss Wilson, Clerk for the Planning Commission, who was present in the Council Chamber, if the Zoning Commission had separate hearings and she answered in the affirmative. Mr. Dietrich explained to the Council that separate hearings were had, but no disposition was made of his and immediately thereafter another hearing was had by the Commission on its own motion. Mr. Dietrich: My sole object in having it made C -2 is to cut down the yard requirements under R -3 zone. The Mayor asked the Attorney if it is not true that motels go only in C -2 zone, and the Attorney read from the Zoning Ordinance the section wherein motels are listed in C -2 zone, , -7- S ` - 295 Mayor Selby- There seems to be some confusion as to these two hearings. All we are interested in now is Mr. Dietrich's application. We will have another hearing following this on Commission's own motion. Unless Council grant's your zone change, you would have to file for a variance. The Mayor then asked if anyone else present desired +.n testify in favor of.Mr. Dietrich's application for zone change and Mr. Joseph Powers testified as follows- I wish to try to uphold Mr. Dietrich in the change he would like out there. I may be wrong, but is that highway supposed to go through as it is scheduled? Mayor Selby- Imperial Highway, so far as I can gather, from Main Street west to sand hills, will be entirely in the City of Los Angeles. Mr. Powers. I have not seen anything on paper, but I have also heard there is supposed to be a clover leaf somewhere in the vicinity of Loma Vista Street. Mayor Selby then inquired of Mr. Hutchins if he had seen plans of new Imperial Highway. Mr. Hutchins. We have a sketch which was given us by the Street Planning Department of the City of Los Angeles. That contemplated all improvement to be done on North side of boundary line between the two cities and will ultimately result in divided highway. The roadway in E1 Segundo will not be disturbed, whatever work ie done will all be done on the Los Angeles side. There will only be three connections between Sepulveda and the sand hills, one at Center, one at Main and one at Loma Vista. No clover leaf was shown. Mr. Powers: It makes no difference. There will be a connection at Loma Vista Street unless it is changed. Is there, in your judgment, a chance any changes may be made in the plan since you have seen it? Mr. Hutchins - I know of no changes, but some could have been made. Mr. Powers- As I understand it, I have not seen the plans, there is to be a connection between this highway, or three of them, and one is at Loma Vista. The airport strip is adjacent to Imperial and it is very noisy, that I know. It is not suitable, in my judgment, for any type of residence, multiple dwelling or otherwise and as long as the airport is there, it never will be. For future use I think all of it would be much better if it was zoned C -2.. Mayor Selby- From all information I can gather, the airport strip will never go as.far west as Main Street. Mr. Powers: I think eventually that is going to be changed to C -2 anyway, whether you do it now or wait, and if there is a freeway, it is going to attract business and if there is business on that street, the people are going to make an effort to get off the highway to that business before going to the beach. We have a couple of blocks of C -2 now, on Imperial, some at Main Street, also have C -2 sprinkled all over town. I understand there were very few objectors to requested change. I have faith this town is going to ME i S 28:6 grow and you will need business. On Main Street, you might look back, a few years ago we had nothing there. There being no other persons present desiring to testify in favor of the requested change, the Mayor announced the Council would now hear from those opposed to change of zone as requested by Mr. Dietrich. Mr. Emmet Zerkie inquired if this was for a change on Imperial Highway from Cedar Street to,the sand hills? Mayor Selby informed him that would come up later, the present hearing was on Mr. Dietrich's request for change of zone between Virginia Street and Loma Vista Street on Imperial, and asked if Mr. Zerkie had any objection to Mr. Dietrich's request, and he answered in the negative. Mr. J. G. Beersr, 500 Virginia Street: I protested Mr. Dietrich's application and also the previous hearing which occurred with regard to Jenson's application. I am not directly affected by either of these applications. I purchased my home in E1 Segundo about the first of the year. I lived in Playa del Rey for eight years and began raising a family. I started looking around for a place to move to and moved to E1 Segundo because of the schools. Before I moved down here I came to see the School Board, the Planning Com- mission and the City Council in action. I was gratified at the way things were handled, particularly the Planning Commission. The general handling of that situation pleases me very much because evidently the Commission is trying to hold restrictions or lower theme as little as possible. Shortly after I moved down herd you voted bonds for the school - a very advanced thing for the school. Apparently a very elaborate study was made by the University of California on a basis of present zoning. To my mind the relaxation of any restrictions, such as dropping from an R -3 to a C -2 or R -2 to R -3, so that you get these buffer areas, will result in a more crowded condition in the City, and the present plans for the school will be largely thrarwn out. That is the reason I have protested both of these applications. I do not believe they are advantageous for the development of E1 Segundo. I do not think the C -2 will add to the desirability of the City. If this is dropped to C -2, then it adds further complications - you will have complaints that other buffer strips are needed. Mr. Zerkie: I did not quite understand it at once. I spoke against the same proposition a few weeks ago. I figured a great deal like this gentleman here and I felt if we allowed one at this particular time it would only be a short time until more would mushroom on the same street and property would depreciate as far as residences are concerned. No one can see business at the present time in that location. I am opposed to spot zoning which is what it would amount to. I have found two parties in the last two months who want to do the same thing. Mayor Selby inquired if there was anyone else who wished to testify against the proposed change zone, if not, rebuttal testimony would be heard, and that those in favor of the proposed change would first be given an opportunity to speak, Mr. Dietrich: What I am wondering is, if these gentlemen are objecting to the change as a whole or do they particularly object to my corner, because I put in for my corner and then the City took on the balance. S 287 Mr. Dietrich then inquired of Mr. Bearer if he objected to his zone change request for Imperial and Loma Vista, or whether he was objecting to the change from Cedar Street west to the sand hills, and Mr. Bearer replied he objected to any change being made. Mayor Selby stated he thought there was some confusion, in that Mr. Dietrich is asking for only at Loma Vista and Imperial, and the Planning Commission, on its own motion, made the proposed change from Cedar Street west. Mr, I:t6t i L repeated his previous testimony to the effect that the people on the street already thought it was a C -2 zone; that the property west of him is a public street, on the north side is the airport, on the east a vacant let that the owner states he wants to do the same thing, and that the owner to the south, the one that is really concerned, told him he could build anything he wanted. Mr. Powers. Speaking of disadvar +.ages of making that C -2 property out there, that it will effect the school and relaxation of restrictions on property, I have found in doing a little building around town that there are no restrictions on building, the zoning ordinance merely restricts the use of land. Now if this man owns a lot, I can go next door to him and put up a 10 a 12 garage if I want to. Why he should object to business on Imperial I cannot understand. It is not going to bother the City. One of the members of the Council told me that El Segundo was 75% industrial - this is an industrial town, not residential, and never will be anything else. There isn't the property to make it residential. It is a small town and needs business to get taxes. You get more money out of businesses than the residences. I want to see the northwest section opened up and get some residences there. Eventually there is going to be a main thoroughfare through there. I can't think of anything else I could say that would impress you people. The Mayor then asked if anyone else desired to testify in favor of the proposed change. No one so stating, the Mayor declared those against it would be given one more chance to express their views. Mr. Zerkie. About three or four weeks ago I canvassed the area. Am not effected directly from the petition we are speaking about now, but in attending those other hearings, it surprised me by the little interest shown by the property owners out there, so I canvassed the owners. Of the original people that had signed the petition, about seven had changed their original Idea. They were opposing it now. I think that petition is on file from that meeting. As I say, they were very much opposed right in that district that Mr. Dietrich is talking about. The direct neighbors in that particular area did not believe he had the size lot that would be available for a motel. This gentleman made the remark that we would never be a residential town. I have been here and worked for the Standard for about thirty years and have seen the growth of the town since that time. While we are very mach industrialized, as a residential town we are as good as any in the district. If this proposed highway is going through like it is supposed to go through, Imperial surely won't be anything but a secondary business street. Why clutter it up by one or two businesses now? That is what most of the people in that area feel. I went from Cedar to the ocean and there are very few in favor. Mr. Beerero As I stated before, I opposed both of these applications and the one of'Mr. Jensen out near Patmar's. I am opposed simply to the lifting of,any restrictions or the lowering of any zone classifications any- where in town. If you lower one, you will be called upon to lower others, and make buffer Strips. -10- S 288 The Maya, taxer sated that unless thars is someone else present who desires to testify against the proposed zone change, he would suggest the hearing be closed.. No otuev° -: n- soa expressing a desire to so testify, it was moved by Councilman the rps--rr,. seconded by Councilman Bakes, that this hearing be closed and tr.- natz..4r taken under consideration by the Council for its decision a" a fui,,x€- date after it has had a chance to study the transcript of the prcceedin;3a heretofore taken at this meeting. Carried. Mayor Selby then announced that this was the time and place heretofore set for the hearing on the matter of a proposed change of zone, on the Planning Commission's own motion, for that certain property abutting the southerly side ofimper-fal Highway, to a depth of 150 feet, between Cedar Street and thO westOr17 city limits, from an R -3 zone to C -2 zone, end which reclassiyicaticn, said Commission, by its Resolution No. 31, adopted the 15th day of J%,17, 1948, disapproved. The City Clerk was then asked if the required notices of this hearing had been given, whersupon the City Clark advised that such required notices had been given and that affidavits showing the fact of the giving of -ich notices were or, file In the records relating to this matter. Such efftdavits were thereupon ordered made a part of the records in this proceeding. The Mayor th-r, inquired of the City Clerk if any written communications had been received by him in connection with said hearing, and the City Clerk replied in the negative Mayo. Se ty taver: a.nnoun.ed that all files of the City Council and of the Planning Conmission of the City of El Segundo with reference to said matter will be considered as evidence and have been so placed. Mayor S61by tns.:n stated as follows-' I think unless you gentlemen can offer som thtag that is entirely different from what we have already heard, I assume, Mr. Avtorney, that it will be in order for the testimony heard at the p_evioue hearing had at this meeting to be made a part of the record in the hearing now before the Council. Mr. Woodworth; If the persons who desire to address the Council are the same persons who appeared before the Council in the last hearing and if their attitudes are the same with reference to the particular matter set forth in the Planning Commission's recommendation now before this Council, they could simply remark that their testimony made in the last hearing would be equally applicable here in whichever way they addressed the Council, whether in favor or against the proposition. In the absence of statements to that effect, it would be in order for them to be heard. The Mayor then polled each person who had heretofore testified, as follows: Mr. Dietrich, would you be satisfied to have your testimony in the last hearing be accepted as testimony in this case? Answer: Yes. Y--. Powers, would you be satisfied with the testimony you gave? -11- S 289 Mr. Powers; I would like to make an addition, Mayor Selby. I can see no reason for residences facing a fast highway. It would be more desirable as C -2. Otherwise it stands, Mayor Selby- Are you gentlemen who testified against the proposed zone change willing to have your testimony incorporated in this case? Mr. Beerer - Yes, Mr. Zerkie> Yes Mayor Selby then inquired if there was anyone else who would care to testify on the rezoning of the whole area from Cedar Street west who did not testify before. No one appearing to so testify, he stated he would now entertain a motion to close the hearing and take the matter under consideration. At this point Mr. Dietrich inquired if in case decision was made against him, would.he have legal right to file application for variance. The City Attorney answered Mr. Dietrich's query in the affirmative, and stated in addition that what happened to it would be up to the Planning Commission and the City Council. Thereafter it was moved by Councilman ,Swanson, seconded by Councilman Thompson, that this hearing be closed and the matter taken under consideration by the Council for its decision at a future date. Carried. ORAL COM4MCATIONS. Mr. Joseph Powers addressed the City Council at length with reference to the sluicing operations now being prosecuted by the City of Los Angeles in connection with its Hyperion sewer project. He stated that in interviews with various owners of property he felt that a great number of people desired that the sand hills be sluiced down to a point where the ocean would be visible from neighboring properties within the City of E1 Segundo. It was explained to Mr. Powers that on two or more previous occasions property owners had protested the sluicing down of said sand hills to a lower height than would effectively screen the sewage plant from locations within the City of El Segundo and that the City Council had only responded to the wishes of the property owners in insisting that the elevations be maintained at sufficient height to effectively screen the sewage works. At the close of the discussion, Mr. Powers was informed that the Council at all times desired to conform to the wishes of a majority of the citizens and that if he could lay evidence or a petition before the Council, indicating the height to which.the citizens would consent that the sand hills be sluiced down, the Council would give the matter serious consideration and would discuss the matter with the authorized representatives of the City of Los Angeles. Mr. J. G. Beerer at this time complimented the Council on various facilities provided by the City for its citizens. SPECIAL ORDER OF BUSINESS. The City Clerk at this time stated that notices had been published - -12- S 2.9 0 inviting bids or +he following dea;ribed real property owned by the City of El SeLr2ndc, to -wit: The northerly twenty -five (25) feet of Lot 5, Block 50, E1 Seg�.mdo Sheet No, 2, recorded in Book 18, page 145 of maps, Records of Los Angeles County, California, up to the hour of 7:00 o'clock P. M. this date, but that no bids had been received pursuant to said notice. The City Attornay advised that since the Council had advertised the property for sale by published notice and had received no written bids therefor, that in his opinion the Council was now in position, within a reasonable time after this date, to make sale of the advertised property to any bidder who might place a bid for the same in writing, which the Council felt represented the fair market value of the property. REPORTS OF STANDING COMMITTEES. Councilman Faker reported that the Recreation Commission had gone over, very carefully, its tentative budget heretofore submitted to the Council, and recommended that said budget be cut from $13,000.00 as originally submitted, to $9000.00. REPORTS OF OFFICERS A►`TiD SPECIAL COMMITTEES. City Clerk K✓ Carthy, on behalf of the Chief of Police, reported the appointment of Roberti. Hess Garner as a Special Police Officer of the City of El Segundo and requested approval of such appointment. Moved by Councilman Baker, seconded by Councilman Thompson, that the appointment, by the Chief of Police of the City of E1 Segundo, of Robert Hess Garner as a Special Police Officer of said City, be and the same is hereby ratified, approved and confirmed. Carried by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. City Clerk McCarthy reported he had delivered to each member of the City Council copy of survey he had recently made, pursuant to direction of the Council, of cities in the South Bay area with reference to their respective fireworks sale and discharge regulations, that from such survey it would appear that it is now in order for the Council to adopt a prohibitory ordinance, if it so desires, and he recommended this be done. Following consideration of the report, it was moved by Councilman Baker, seconded by Councilmen Thompson, that the report of the City Clerk, dated August 18, 1948, with respect to survey of fireworks sale and discharge regulations in various South Bay area cities, be received and filed; that the Council hereby approves the recommendation of the City Clerk in view of the survey made, and does hereby instruct the City Attorney to prepare and present to this Council, for its consideration, an ordinance which will have the effect of prohibiting the sale, discharge, storage and display of fireworks within the City of E1 Segundo. Carried by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: C -ounce linen None. Absenta Cr-z-.ci:).man Peterson. -13- S 291- City Clerk hYvUawthy reported that pursuant to instruction given him by this Council v'aly 28th, 1948, he had requested the Honorable Board of Trustees of El Segundo Unified School District, to indicate by letter whether or not It would be disposed to dedicate to the City of El Segundo, for public street purposes, the North 25 feet of its real property holdings in Block 110 and 4,h,3 South 25 feet of its real property holdings in Block 115, in event easterly and westerly streets are opened through these blocks in the fut ---we; that he has received in reply to his query two letters, each dated August, ?1, 1948, in one of which the School Board stated it would grant an easement along the northerly line of its property in Block 110, contingent upon a street being built in said block prior to July, 1950, and in the other letter, the said Board held some reservations over granting an easement along the southerly boundary of its real property holdings in Block 115, and suggested the problem be referred to the Planning Commission for further study regarding the desirability of opening such a street. With reference to the communication indicating a willingness to grant an easement alone thy+ northerly boundary of school property in Block 110, the Council, by gendersl consent, ordered the same filed for future reference. As to the counication questioning the desirability of opening a street through Block 115 and suggesting study of the problem by the Planning Commission, it was moved by Councilman Thompson, seconded by Councilman Swanson, that said sommunication be received and filed for the purposes of identification a:a reference; that a copy thereof be furnished the City Planning Commission and that said Body be requested to study the matter of opening an easterly and westerly street along the center line of Block 115 within the City of El Segundo and to make its recommendation with reference thereto to this Council. Carried by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes- C •u:.cilmen None. Absent: Councilman Peterson. City Attorney Woodworth reported he was delivering to the City Clerk, for presentation to the Council at the proper time, form of resolution fixing tag rates for the year 1948 -49 and ordinance setting forth the amount of money necessary to be raised by taxation to carry on the various municipal departments for the fiscal year 1948 -49. UNFINISHED BUSINESS. Mayor Selby, reporting in connection with request presented to this Council on August 4th, 1948, by El Segundo Cooperative School, that the City lease to it Lot 2, Blc--k 13, Tract 1685, stated that the City Engineer had prepared a map, slitting forth municipally owned properties, that said map had been delivered this date to Mr. Robert Feeney, with the idea that persons interested in said School would study said map to ascertain whether or not other municipally owned property than that hereinbefore set forth, might not be utilized for the purpose requested. Thereafter, by general consent, the matter was taken under further advisement pending survey and report to this Council by representativee of said El Segundo Cooperative School. City Cleric McCarthy reported that, pursuant to direction of the Council given at its meetir4 :: &ld August 4th, 1948, he had written Inglewood Humane -14- S 2,92 Society respecting complaints received by this Council relative to large number of unlicensed dogs running loose in the City of M Segundo; but that no reply had as yet been received from said Society. He further stated that on May 21, 1948 and June 18, 1948, he had written said organization respecting apparent failures on its part to perform certain acts required of it under its agreement with the City of E1 Segundo for the performance of dog pound services for said City, but no reply had been received to either of said letters. After discussion, by general consent the City Clerk was directed to again write said Inglewood Humane Society, furnishing it copies of the three hereinbefore mentioned letters, and requesting that it give same prompt attention; that the matters relative to which said letters were written would definitely come before the City Council for its attention at its meeting of August 25th, 1948, and that in the interest of future relations between said organization and the City, it is anticipated said Society will have a satisfactory reply in the hands of the City Clerk before said date or will have a representative present at said meeting. PAYING BILLS. The following demands, having had the approval of the Committee on Finance and Records, were read: General Fund Rev. Michael O'Shea $45.00 John D. Shaw 6.00 John Oliver 1.00 H & H Fountain & Grill 5.25 American Eckhart Company 121.77 Interstate Engineering Corp. 143.91 City of El Segundo Water Department 2172.25 Bill Grant Inglewood Camera George F. Cake Bell House Movers Minta Curtzwiler, 5.10 Shop 4.72 25.40 91.15 City Minta Curtzwiler, City Mints Curtzwiler, City Minta Curtzwiler, City Minta Curtzwiler, City Minta Curtzwiler, City Minta Curtzwiler, City State Employees' Ret. Hospital Service of So. William R. Selby A. J. Bayer Company M. Tellefson TOTAL State Employees' Ret. TOTAL Treas1324.43 " 1790.13 " 1513.20 " 1524.47 962.75 " 37.50 624.63 yst. 757.83 Cal. 158.50 52.50 151.43 509.75 12029.17 Pension Fund Syst. 72.9 7288.99 161.97 Water Works Fund Pay Roll Demand No. 12785 to 12794, Incl. $992.86 Minta Curtzwiler, City Treas. 84.45 Minta Curtzwiler, City 18.45 State Employees' Ret. System 97.81 State Employees' Ret. 137.65 Hospital Service of So. Cal. 4.90 R. T. Hutchins, Petty Cash 39.59 Braun Corporation 34.44 The Pacific Tel. & Tel. Co. 30.35 Southern Cal. Edison Co. 2119.58 Southern Cal. Gas Co. 2.75 Kimball Elevator Co. Ltd. 9.20 Hersey Manufacturing Co. 396.68 Pacific Area Lumber Co. 101.35 Mefford Chemical Co. 247.91 Fraser Utility Supply Co. 61.18 Industrial Stat. & Prtg. Co. 12.10 TOTAL, 391.25 V. E. H. P. Fund City of El Segundo Water Dept. $128-70 City of El Segundo, Cal. 129.37 Joslin - Alexander Company 28.54 Pacific Area Lumber Co. 7.88 TOTAL $294.49 -15- S 20 Moved by Councilman Swanson, seconded by Councilman Baker, 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, Swanson, Thompson and Mayor Selby. Noes, Councilmen None. Absent: Councilman Peterson. NEW BUSINESS. Mayor Selby reported that on this date he, together with Commissioner of Finance Swanson and City Clerk McCarthy had gone over a tentative budget for the City for the fiscal year 19+8 -49, that same met with their approval and he requested the expression of the other members of the Council with respect thereto. A copy of said tentative budget having heretofore been given to each member of the Council for study, and after such study, each Council member having expressed his approval thereof, it was moved by Councilman Thompson, seconded by Councilman Baker, the following resolution be adopted: RESOLVED, that a copy of that certain "Tentative Budget - City of E1 Segundo, California - Year 1948 -49 ", presented this Council at this meeting, be placed on file in the office of the City Clerk, open to public inspection, and that said Tentative Budget, so on file, be and the same is hereby referred to and by this reference incorporated herein and made a part hereof; AND, BE IT FURTHER RESOLVED, that the City Council of the City of E1 Segundo does hereby approve and adopt the said "Tentative Budget ", as the tentative budget of and for said City for said fiscal year. On roll call, the foregoing resolution was adopted by the vollowing vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. Councilman Baker introduced Ordinance No. 337, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY THEREIN AS A REVENUE TO CARRY ON THE VARIOUS DEPARTMENTS (INCLUDING THE EL SEGUNDO PUBLIC LIBRARY); PAY THE BONDED INDEBTED- NESS OF SAID CITY AND OF A CERTAIN DISTRICT THEREIN; AND TO MEET THE OBLIGATIONS OF SAID CITY UNDER THE CALIFORNIA STATE EMPLOYEES' RETIREMENT ACT, FOR THE CURRENT FISCAL YEAR 1948 - 19+9, which was read. City Engineer Lortz reported that, subject to the consent and approval of the,City Council, he had employed Mr. Reuben C. Compton as a draftsman -16 S 2-94 in the Engineering Department of the City of El Segundo, at a salary of $250.00 per month, such appointment effective as of August 16th, 1948. Thereafter it was moved by Councilman Thompson, seconded by Councilman Swanson, the following resolution be adopted° WHEREAS, the City Engineer of the City of F.1 Segundo has advised this Council, that subject to its consent and approval, he had employed Mr. Reuben C.'Compton as a drafts- man in the Engineering Department of said City, at a salary of $250.00 per month, to assume his duties commencing on the 16th day of August, 1948; AND, WHEREAS, the City Council feels that the said action of the said City Engineer should be approved, ratified and confirmed; NOW, THEREFORE, BE IT RESOLVED, that the employment by the City of E1 Segundo of said Reuben C. Compton for service in the Engineering Department of said City, at the monthly salary or compensation of $250.00, payable in semi- monthly installments, as other City salaries are paid, be and the same is hereby approved, ratified and confirmed by this Council, effective as of on and after the 16th day of August, 1948; AND, BE IT FURTHER RESOLVED, that the said Reuben C. Compton shall hold his said employment at and during the pleasure of said City Engineer or of said City Council. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. The Chief of Police informed the Council that it is necessary to restripe the center lines of certain streets within the City of E1 Segundo; also to repaint curb parking lines and pedestrian lanes, and that he had procured a price of $2.20 per gallon for satisfactory paint for this purpose and that the work will require approximately 150 gallons. It was thereupon moved by Councilman Baker, seconded by Councilman Swanson, that the purchase of 150 gallons of traffic paint at a cost of not to exceed $335.00, including California State Sales Tax, be and the same is hereby authorized. Carried by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. Chief of Police Hutchins reported that it is necessary to employ an additional police officer in the Police Department of the City of E1 Segundo and he requested authority to employ Mr. Edward Lawrence Hora, as a Patrolman, Grade 2, such appointment to become effective on the 23rd day of August, 1948. -17- a Thereafter it was moved by Councilman Baker, seconded by Councilman Thompson, the following resolution be adopted: RESOLVED, that Edward Lawrence Hora be employed in the Police Department of the City of E1 Segundo, as a Patrolman, Grade 2, effective on the 23rd day of August, 1948, and to continue during the pleasure and until the further order of this Council. Said employee shall perform such services as are usual to police officers of the City of E1 Segundo and which shall be designated and scheduled by the Police Department of said City, and he shall be compensated for his services rendered the City of E1 Segundo as such police officer in the manner, at the rate and at the times specified in that certain resolution of the City Council fixing the rates of compensation and hours of employment of employees of said City. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. 20 Councilman Swanson requested permission to take his vacation between the dates August 22nd to August 318t, 1948, both dates inclusive, whereupon it was moved by Councilman Baker, seconded by Councilman Thompson, that Councilman Swanson be and he is hereby granted permission to absent himself from meetings of the City Council of the City of E1 Segundo which may be held between the dates August 22nd to August 31st, 1948, both dates inclusive. Carried by the following vote: Ayes: Councilmen Baker, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Peterson. No further business appearing to be transacted at this meeting, it was moved by Mayor Selby, seconded by Councilman Thompson, the meeting adjourn. Carried. Respectfully submitted, Approved: c7d A r Mayor. -18-