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1950 MAY 17 CC MINr266 o0 r El Segundo, California. May 17, 1950• A regular meeting of the City Council of the City of El Segundo, California, was held in the Council Chamber in the City Hall of said City on the above date, having been called to order at 7:00 o'clock P. M. by William R. Selby, Mayor. ROLL CALL. Councilmen Present: Gordon, Peterson, Swanson, Thompson and Mayor Selby. Councilmen Absent: None. READING OF MINUTES OF PREVIOUS MEETING. The minutes of the regular meeting held on the 10th day of May, 1950, having been read, and no error or omission having been noted, it was moved by Councilman Peterson, seconded by Councilman Swanson, the minutes of said meeting be approved as recorded. Carried. WRITTEN COMMUNICATIONS. Written communications, received from the persons, firms or corpora- tions hereinafter named, were read to the Council and were disposed of in the manner indicated, following reference to each hereinafter: The City Clerk reported he had in his possession, in the same con- dition as when received, one bid for the purchase of City owned tax deeded property under Notice No. 9 -M of Intention to Sell City Owned Tax Deeded Property. Moved by Councilman Peterson, seconded by Councilman Thompson, the Council proceed to open, examine and publicly declare -said bid. Carried. The Council thereupon proceeded to open, examine and publicly declare said bid, which said bid was found to be as follows, to wit: Bid of Donald M. Rennie, on regular form provided therefor, bidding the sum of $1500.00 cash for Lot 13, Block 5, E1 Segundo. Said bid being the appraisal price heretofore fixed by the Council for said property, it was moved by Councilman Thompson, seconded by Councilman Peterson, that Resolution No. 1078, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ACCEPTING THE CASH BID OF DONALD M. RENNIE FOR CERTAIN CITY OWNED TAX DEEDED PROPERTY, which was read, be adopted. On roll call said motion carried and said Resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None. CHARLES CLAYTON JONES, dated May 12, 1950; HENRY PAUL STYMELSKI, dated May 11, 1950; and HERBERT J. SUMMERS, dated May 17, 1950, each being application for employment by the City of E1 Segundo. Ordered filed. -1- T�67 THE METROPOLITAN WATER DISTRICT, by Joseph Jensen, Chairman, Board of Directors, dated May 11, 1950, advising that pursuant to recommendation of its Water Problems and Public Relations Committee, the said Board of Directors, on April 28, 1950, unanimously reaffirmed its policy of keeping Lake Mathews closed to fishing, hunting and other recreational uses and setting forth its reasons therefor. Ordered filed. LOS ANGELES COUNTY DIVISION, LEAGUE.OF CALIFORNIA CITIES, dated May 15, 1950, advising that in April, the Board of Directors of said Division had received a report on rubbish disposal from its City - County Relationship Committee, which report made the following recommendations: 1. That the cities on their own account hold in abeyance the development of any projects for the handling of the disposal of their own waste products; and 2. That the cities not commit themselves to any bi- lateral agreements with the County Government for this purpose. was Mayor Selby stated that the Committee/authorized by the Sanitation Districts of Los Angeles County several months ago; that said Committee is making a very complete study re rubbish disposal, and he felt the recommendations made by it should be followed, in which the other members of the Council concurred. Thereafter the communication was ordered filed. JOHN F. BENDER, Special City Attorney, dated May 16, 1950, advising that for reasons as set forth in said letter, he recommends the City not attempt to purchase Lot 32, Tract 3012, which property is included in Public Auction Sale 65 -A, and that, therefore, Le is not preparing applica- tion for the City to purchase the tax deed. The City Council being in accord with the recommendations as made by said Special City Attorney, the communication was ordered filed. At PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, Docket No.. G -1380, being notice that said Commission has filed its "Notice of Inter - vention" in the matter of application of E1 Paso Natural Gas Company with the Federal Power Commission of the United States of America for permission to increase its rates. Ordered filed. YOUTH SYMPHONY, by Robert H. Laurell, President, Board of Directors, dated May 16, 1950, setting forth certain facts respecting the activities and future plans of said organization, and requesting the City of E1 Segundo contribute the sum of $700.00 to assist in the financing of its program. Mrs. Elmer Peterson, who was present in the Council Chamber, requested and received permission to address the Council, and she elaborated on the work being done by the Youth Symphony and the good she felt was being accomplished for-the youth of the community through the organization. Thereafter, by general consent, the matter was taken under consideration by the Council for the period of one week. R. F. MAST, dated 5 -9 -1950, requesting a permit to occupy, use and maintain a house trailer at 519 Richmond Street, for storage and sleeping purposes. Moved by Councilman Peterson, seconded by Councilman Swanson, the following resolution be adopted: , RESOLVED, that a temporary, revocable permit, in regular form, be and the same is hereby granted to R. F. Mast, to occupy, use and maintain a house trailer at 519 Richmond Street, for storage and sleeping pur- poses only, said permit to expire by limitation on August 17, 1950. -2- 1268 On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None. PETITION, undated, signed by Mrs. Janice R. Friedman and fourteen others, requesting that the Council take action to cause all horses.in the area of the 800 Block in Maryland Street to be removed. By general consent, the matter was referred to City Coordinator McCarthy and Councilman Peterson, for investigation and report. SAMUEL M. COPP, dated May 15, 1950, protesting the permitting of a certain two -story frame building, recently moved to the South side of Imperial Highway, easterly of Main Street, to remain at said location. Ordered filed. At this time, the Mayor announced the conference between the City Council, the owners of that certain building recently moved to the South side of Imperial Highway easterly of Main Street, and those persons living in the vicinity of said building, which conference had by said Council at its meeting of May 3rd, 1950, been set for this time, would be held. The Mayor inquired if the owners had the plans of the building, as same will appear after remodeling, ready for inspection by the Council and interested persons in the audience, to which Mr. Robert Brodie, one of the owners, replied in the affirmative. Thereafter, one set of such plans was presented to the City Council for its inspection and one set placed upon a table for inspection by interested property owners, and the Mayor a -sked that anyone who cared to look at said plans, should do so, which was done by a number of persons present in the Council Chamber. The Mayor then inquired if everyone who wished to look at said plans had done so. No other person expressing such desire, the Mayor stated he would now turn the matter over to the City Attorney for handling. City Attorney Woodworth then questioned the owners of the property as follows: Mr. Woodworth: It seems to me most likely that people would be interested in knowing from the owners within what time it is proposed to make the improvements as shown upon these plans. Are you in better position tonight to answer that question than you were on May 3rd? Mr. Brodie: We intend to have improvements completed within one year. Mr. Woodworth: How long will it be before the structure is taken from skids and placed upon a foundation? Mr. Brodie: Approximately 3 months. Mr. Woodworth: Would it be more than 3 months? Mr. Brodie: Possibly. Mr. Woodworth: Now when it once gets on the foundation, how long before the exterior will be made presentable? -3- 00 T- 269 Mr. Brodie: That will be done first. It has to be put on foundation before exterior can be completed. Mr. Woodworth: How long do you estimate it will take to make exterior fairly presentable, so that it will look like a respectable building in the community? Mr. Brodie: In six months. Mr. Woodworth: Do you feel that you have adequate financing now to permit you to do all the work within approximately six months? Mr. Brodie: Yes. Mr. Woodworth: Of course, you are representing these things to the Council, gentlemen, and not to me. Well, Mr. Mayor and gentlemen, in view of the fact that the plans are here and the owners have given their testimony and have indicated what they propose to do and the length of time within which they propose to do it, and taking into consideration the use to which they propose to put their structure is a lawful use in that area, and taking into further consideration the fact that a new building could be erected there of the same size and dimensions as the present building, so that size and aesthetic qualities of the building are not matters which the court would give us any relief on and that would leave only the questions of safety and sanitation to be resolved as far as the City is concerned. The Building Inspector feels that the structure can be made to comply with all requirements and regulations of the city with reference to structures of that type and under those conditions it would seem to me that adjoining and nearby owners are informed of the real situation and it might be they would care to express themselves at this time with reference to their present views, if that is agreeable. Mayor Selby then stated that if any of those present cared to make remarks and give their views on the matter, the Council would be glad to hear from them. Mr. William A. Meader then addressed the Council, stating that to him the plans of the building as proposed to be remodeled were satisfactory, but the neighbors would like some assurance that the improvement would be carried through. He further stated he felt some provision should be made in the Building Code stipulating the time in which buildings should be completed. The City Attorney advised Mr. Meader that the Council have that fact in mind and will undoubtedly in the future have such restrictions placed in the Building Code. He further stated that unfortunately in the instant case a permit has been issued, and gave his opinion, from a legal standpoint, that it would be very difficult, at this late date, for the Council to revoke such permit; that the City would be faced with a long and arduous lawsuit and even then the Court might rule that inasmuch as the building could be made to conform with building regulations, the City might not be able to win such 'a case;. that it would have been easy for the City to have refused a permit in the first instance if the Council gnd the Building Inspector had felt the building would present such a condition as it is, but under the facts the City might have a difficult time in winning any action for actual removal of the building. Mr. Allen, attorney for Mr. Meader, stated he felt one of the dangers is that the project ihight be abandoned at a later date, if the bottom fell out of real estate or the owners were not financially able to complete the building. Mr. Arthur viren suggested that the City Council, in adopting a new -4- 1 270 00 r cam; x ordinance respecting the moving of buildings into the City, take into consideration the County ordinance, also the ordinance of the City of Culver City respecting such matters, and was assured by the Mayor that the Council will look over every ordinance it can find which has to do with matters of this nature. Mr. Richard Boyle, residing at 1450 E. Palm Avenue, inquired if there is a definite limit of time fixed for the constructing of new homes. He stated that there is one home on one side of his residence that has been in process of construction for 22 years and it looks as though it would take another 22 years to complete; that he would like to see restrictions placed on the type of buildings moved into the City and cited an instance where a building was moved into the City and placed at a location on East Mariposa Avenue a number of months ago and nothing has been done to date to place said building in a presentable condition. The Mayor assured Mr. Boyle these matters would be taken into consideration by the Council when it adopts its new ordinance respecting the moving of buildings into the City. Mr. 0. H. Barber inquired if the Council intended to ask the owners to post a bond to guarantee completion of the buildigg. City Attorney Woodworth stated that at the meeting of the City Council held on May 5th, the owners had been asked to give an estimate of the cost of fixing the building in a first class condition and had also been asked if they would be able to file a bond in that amount and the answer they gave was "No ", they were not in position to do so; that after further discussion he had asked said owners if they would be willing to post a bond in a reasonable amount, which they would hate to lose if they could not post the full amount of the bond, and he believed they had reserved their reply as to whether they could furnish a bond in any sum to guarantee completion of the building within one year. Mr. Woodworth then asked the following question of the owners: Did you consider the question of a bond in any sum whatever? Mr. Brodie: We considered it. Mr. Woodworth: You feel that since you have expended some five thousand dollars, you feel that is all you can invest and you cannot see your way clear to post a bond? Mr. Brodie: That is true. Mr. Woodworth: In other words, you feel that by spending as much as you have ;,rf you do not complete the building, you are pretty badly hurt right now? Mr. Brodie: Yes. Mr. 0. H. Barber then stated that he hoped these gentlemen take into consideration the fact that the property owners here are already badly hurt and he questioned whether the building could be completed in six months. Mayor Selby stated he understood the owners to say they would have the building on its foundation within six months and completed within one year, which the owners stated was correct. Mr. Barber then requested and received permission to ask the owners a question, and he inquired of them whether they actually owned the property in question, to which the owners replied in the affirmative. -5- T- 271 Mr. Mel Seitrich then addressed the Council, stated that they had been taking one anther's words for things, and he believed they should get down to concrete facts. He then further stated he would like to ask the owners to place their names and addresses on the plans they had presented; that he had taken time to scrutinize the records as they exist on the County tax records and that the property has never changed hands, that it still belongs to Mr. Roberts and he would like to see written proof that these persons are the present owners. Mr. Brodie replied that in good faith they had come to the meeting, attempting to pacify these various and sundry protesting people, which they were not legally compelled to do; that they had bought the building in good faith, put it on the lot in good faith, owned the lot in good faith and that they refused to discuss the matter further, anything else would have to come through legal action, and he prepared to leave the Council chamber. Mayor Selby then stated: "May I ask one thing? Will you be satisfied to go ahead with the things you have told us tonight? Mr. Brodie: Absolutely. The City Attorney stated he thought as a courtesy, the owners owed it to those present to stay-until the matter is completed, and this Messrs. Brodie and Rawlings agreed to do. Mr. Allen then stated that while the records still indicate Mr. Roberts is the owner of the lot, frequently when property changes hands now it takes the Recorder some time to change the records showing that the property has changed hands and it is possible the names of the new grantees might not be shown on the records. Mr. Mel Seitrich then again addressed the Council as follows: I have a petition here which contains the names of,,eighteen property owners in the neighborhood, they would like to have the property condemned and the building removed; they have looked at the building, discussed the matter and signed the petition after so doing... In view of the fact the property owners are 100% unanimous in this request, we are asking the Council to have the City act as our agent in the matter and that the Council take under serious consideration our request. I do not believe the verbal assurance of the owners of what they will do will be satisfactory. City Attorney Woodworth then rendered his opinion as follows: If we start a lawsuit, it might even go to the Supreme Court and the building might stand in its present condition for as long as two or three years; the City would have a very difficult time in condemning the building and having it removed without in some manner responding in damages which these people would suffer. If it had been moved without a city permit, that would-be a different matter. Mr. Seitrich then requested and received permission to ask the Building Inspector a question, which he did as follows: "Inasmuch as the building in question does not conform in any way, shape or form with the Uniform Building Code, was it within your power to issue a permit under those circumstances ?" Building Inspector Smotony: "This is the first time I knew the building did not conform:rr Mr. Seitrich then inquired if the owners had submitted plans, to which the Building Inspector replied in the affirmative. Mr. Seitrich asked if these plans were the same as those submitted tonight and the Building Inspector replied in the negative, that the plans submitted to him were of the building as it now stands. ME 1272 00 Mayor Selby then stated that as far as the owners are concerned, they were granted a permit in good faith; that he believes they will do as they have stated they will and that they will put the building in presentable shape. As to who the tenants of the building might be, that is another matter. Mr. Seitrich asked permission to inquire of the petitioners how they felt about the matter and requested the Council to accept their decision, which the Mayor stated the Council would nd;agree to do, as it would make its own decision and would be as fair as possible to all concerned. Mr. Dick Maurer addressed the Council, stating that the building which has been moved in does look bad, but the owners verified they have a con- siderable amount of money invested; that he presumes they are working men and working men do not have money to lose, and he believed they will do as they say. Mrs. Elmer Peterson expressed appreciation for the patience shown by members of the City Council and the City Attorney in making explanations to the protestants. Mr. Douglas P. Walstrom stated he was one of the signers on the petition referred to by Mr. Seitrich; that perhaps the owners of the property would stand a loss if the building was not completed, but not as much as the property owners in the vicinity are losing, and he asked how the petitioners could know that the owners will go through with the improvements they have specified, and he urged some means be taken so that the plan as proposed will be carried out very faithfully. The Mayor informed Mr. Walstrom that the Building Inspector would not issue a Certificate of Occupancy unless the building is placed in condition to conform with the Building Code. Mr. Skodke stated that while he was not a signer on the petition, he was of the opinion that the owners did not intend to live in the building, but had moved it in for money making purposes only. Mr. Brodie, one of the owners of said building, thereupon stated he, his wife and two children intended to live in the building. Further lengthy discussion was had between Mr. Seitrich and the City Attorney, at the conclusion of which the Mayor asked the members of the City Council to render their opinions in the matter, which they did as follows: Councilman Thompson: Probably these people would like an expression from the Council tonight as to what we are going to do about it, unless you feel we should further consider it. Personally I would be very re- luctant to go against the advice of our Attorney, although I can see both sides of the situation. Mayor Selby stated the Attorney's advice has been good over a period of years; that the City has been kept out of trouble by following his advice. Councilman Peterson: I feel, in view of the advice given by our Attorney and the promises that the two owners have given to us as a Council as well as promise to the entire City, that they should have a chance to fulfill that promise and I have hopes they will fulfill that promise. We had considerable worry about a church building on Main Street, but we now have a very presentable building there. Councilman Gordon: I would like to address the people in front of us. I would like to confirm what has been said; they have been very patient people. I believe it resolves itself to one basic question - will these -7- T- 2E3 people conform to their agreement. I can give you this assurance as a business man in the community, that I have had the pleasure of doing business with one of the gentlemen, I have found him to be fair, considerate and a man of his word. Every bond or committment between us two, I say without any prejudice, I have found one of these men to be a man of his word. Councilman Swanson: Personally, I am sorry this thing happened, but it is something that has happened. Mr. Brodie and Mr. Rawlings, the Building Inspector and the Council all moved in good faith. Under our laws, as the Attorney states,, it is a business•mone, an apartment can go in there. The Building Inspector has vouched for the structure doming up to our Building Code. It is a sore eye, every building on blocks looks bad. We are going to adopt an ordinance which will restrict such buildings being moved into the City in the future, but as long as that building is in and under the circumstances in which it came in, I do not believe there is anything we can do. Mayor Selby: Gentlemen, that seems to be the opinion of the Council. I do not know either of the owners of the building, but they are citizens of E1 Segundo and I personally believe these gentlemen will do what they say they will do, and I beg you to be patient and give them an opportunity to keep their promise. The Attorney has gone into lengthy explanation, and presented the Cityts side very clearly. We are sorry, but feel there is nothing we can do, unless you wish to do something personally, as the Attorney has explained to you. At this point, Mrs. Richard Boyle addressed the Council, stating that when she signed the petition for the opening of certain new streets through the blocks easterly of Center Street, she had been of the opinion that the paving of said streets was included and had been quoted a price of $2.50 per foot for such improvement by Mr. Sipe, right of way agent for the City; that many other persons who had signed such petition were of the same opinion as she. ., The City Clerk explained to Mrs. Boyle that the present proceedings contemplated only the acquiring by the City of a right of way for public street purposes; that any improvements placed therein would be under a special assessment district and at the request of the property owners; that at the present time there is no- way of knowing how much the cost of acquiring the rights of way will be until the matter has been adjudicated by the Court. City Attorney Woodworth stated that on numerous occasions, when the matter was first being discussed by the property owners before the City Council, he had pleaded with the property owners to deed the necessary right of way to the City and thus save themselves considerable expense, but that they were unwilling to do this and that consequently it was necessary for the City to file condemnation suits, which were the most expensive and least desirable manner in which to acquire such rights of way. Mrs. Nina Badger then addressed the Council, stating that she also understood, when she signed the petition, that there was an agreement that the cost would be $2.50 per foot, which would take care of the cost of. the paving. The Mayor requested the City Clerk to read to the audience the petition, as filed, requesting that such street proceedings be taken, and the City Clerk thereupon read the petition which had heretofore been signed by Mrs. Boyle and which petition made no mention of any improvements to be made in " the streets when acquired by the City. Mrs. Badger then inquired how soon the City anticipated the matter would be concluded, and the City Attorney explained in detail the various steps which were necessary in such type of proceedings. -8- T 27 00 r 5e At this time, the hour being 10:00 o'clock P. M. the Mayor declared a recess. At the hour of 10:20 o'clock P. M. the Council reconvened, all members being present and answering roll call. ORAL COMMUNICATIONS. Mr. Dick Maurer, Commander of E1 Segundo Post No. 38, American Legion, addressed the Council, stating that said Post has set the date for sponsoring a circus in the City of El Segundo on July 28th, and that it is anticipated said circus will be held on one day only; that in response to request made by the City Council at its last regular meeting that he contact the contractor, who is presently constructing a new fire station for said City on a portion of Block 42, El Segundo, on the northerly portion of which Block it is desired to hold said circus, to ascertain in what condition the property desired would be, the contractor had assured him that all of said property would be surfaced within approximately five weeks, therefore the work would be completed before the date set for the circus. It was thereupon moved by Councilman Thompson, seconded by Councilman Swanson, the following resolution be adopted: WHEREAS, El Segundo Post No. 38, American Legion, Department of California, has requezted that the City Council grant permission for the use of a portion of the north half of Block 42, El Segundo Sheet No. 3, Map Book 20, Pages 22 and 23, Records of Los Angeles County, California, presently owned by the City of E1 Segundo, for the purpose of sponsoring thereon a circus, to be presented by Six Brothers Circus of 1120 Guaranty Building,6331 Hollywood Boulevard, Hollywood 28, California; AND, WHEREAS, the report is made to this Council that the said activity for the one day for whisk the same is re- quested, to wit: July 28, 1950, will not interfere with con- struction work or the activities of the contractor thereon for the new fire station building for said City on a portion of said property; AND, WHEREAS, the said applicant is a patriotic and civic body, composed of resident citizens of the City of El Segundo and engaged in civic and charitable work within said City; NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby grant the necessary license and permit to said applicant to make use of said above described real property for the purpose of sponsoring a circus as above mentioned, on the 28th day of July, 1950, upon and subject to each and all of the following conditions, to wit: First: That the said circus will be limited to the said date above mentioned except for moving in and removal operations, which may, if necessary, be accomplished upon the day preceding and following said date. Second: That there shall be submitted to the City, in form approved by the City Attorney and with an insurance carrier approved by the Mayor, a public liability and property damage Certificate of Insurance, with limits of not less than $25,000.00 for injury or damage to any one person in any single accident or occurrence; $100,000.00 damage or injury to more than one person in any single accident or occurrence and $5000.00 property damage, such certificate to be presented not later than July 15, 1950, and to be left on file with the City Clerk. TL!5 Third: That the said lessee and permittee shall hold the City of E1 Segundo, its officers, agents, servants and employees harmless from any loss or damage by virtue of the conducting of said circus at said location upon said date or from the exercise of any of the rights herein granted or which may result directly or indirectly therefrom. Fourth: That the approval of the Chief of the Fire Department of the City of E1 Segundo as to all fire safety factors must be obtained before said circus is given at said location. Fifth: That the applicant, by acceptance of this permit, agrees that the surface of the property will be cleaned up and restored to as good a condition as that in which the same existed immediately prior to the exercising of any of the licenses or authorities herein granted and to the full satisfaction of the Street Superintendent of said City, at the sole cost and expense of the permittee. Sixth: That the City Council, in view of the civic and patriotic nature of applicant, will make no charge for the use of said premises for said occasion; provided, however, that nothing herein contained shall be construed as waiving any license fee which may be required under the provisions of the business license ordinance or any other ordinance of said City, as the City Council requires that said fees be paid. Seventh: That this permit shall not be valid or convey any rights to said applicant unless and until said appli- cant shall have accepted the same, subject to the terms and conditions herein expressed, by endorsement to that effect upon a copy of this resolution filed in the office of the City Clerk of said City within fifteen days after the date of the adoption hereof. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilmen None. At this time, the hour being 10:40 o1clock P. M., Councilman Thompson was excused from further attendance at this meeting, and he immediately left the Council Chamber. Mr. William A. Meader, one of the protestants in the matter of allowing a certain building to be moved into the City of E1 Segundo and placed on the south side of Imperial Highway easterly of Main Street, addressed the Council and thanked said Council for the consideration given those presenting evidence in said matter and commended said Body for the manner in which same had been handled. REPORTS OF STANDING COMMITTEES. Public Works Commissioner Peterson, reporting in the matter of the request of W. H. Jeffrey, presented to this Council at its last regular meeting anj thereafter referred to said Commissioner, that Mr. Jeffrey be granted permission to make a sewer connection to the present sewer line in the alley between Virginia and Concord Streets southerly of Mariposa Avenue, stated that the Engineering Department has prepared plans and specifications covering the installation of such a sewer, and that the estimated cost thereof is $450.00. He recommended that Mr. Jeffrey be informed of this fact and requested to look over said plans and specifications and thereafter to advise whether or not he wishes to proceed accordingly. By general consent the Coordinator was requested to inform Mr. Jeffrey relative to the above report. Wi11iE 1.W? 6 - 00 Public Works Commissioner Peterson, reporting in connection with correct legal description of the property proposed to be dedicated by the City of E1 Segundo for public street purposes in Block 96, El Segundo, stated he had checked the said description as set forth in the resolution heretofore prepared by the City Attorney, with the Deputy City Clerk and that the property as described in said resolution is correct. It was thereupon moved by Councilman Peterson, seconded by Councilman Swanson, that Resolution No. 1079, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DEDICATING FOR PUBLIC STREET PURPOSES CERTAIN REAL PROPERTY WITHIN, AND OWNED BY, SAID CITY (TO BE KNOWN AS OAK AVENUE); AND ACCEPTING SUCH DEDICATION, which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. Public Service Commissioner Swanson reported that Mr. Clifford Smith, Water Department Foreman, had informed him that, due to the fact the City of E1 Segundo at the present time has no Water Superin- tendent or City Engineer, additional duties have been imposed upon Mr. Smith and he felt he should be paid accordingly. The matter was discussed by the Council and Councilman Peterson stated he felt the same condition would apply to Mr. Earl Morgan, Sewer Department Foreman, and he was in favor of paying said employees additional compensation during the time they are required to perform such additional duties. Other members of the-Uity Council concurring, it was moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: WHEREAS, the following employees of the City of E1 Segundo, namely: Clifford Smith, Water Department Foreman and Earl Morgan, Sewer Department Foreman, are presently performing, in their respective capacities, additional duties and will continue so to do pending the selection of a City Engineer for the City of El Segundo; NOW, THEREFORE, BE IT RESOLVED, that in addition to the compensation provided for said respective employees above.named in their respective classifications set forth in the salary Resolution No. 1017, there shall be paid as special and additional compensation for such additional services during said period the sum of $17.00 per month, payable in the same manner as their regular compensation is paid, and that this action shall take effect as of on and after the 18th day of May, 1950 and shall continue until either the further order of the City Council or the appointment and assumption of duties of a City Engineer for said City. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. - Absent: Councilman Thompson. -11- T- 277 REPORTS OF OFFICERS AND SPECIAL COMMITTEES. City Coordinator McCarthy reported as follows: 1. Requested that Irma W. Lehigh, Clerk in the Building and Planning Departments of the City of E1 Segundo, be granted her earned 1949 vacation from September 11, 1950 to September 22, 1950, both dates inclusive, and that Bert W..Dodd, employee in the Street Department, be granted one week of his earned 1949 vacation from May 16th to May 22nd, 1950, both dates inclusive. Moved by Councilman Swanson, seconded by Councilman Gordon, that Irma W. Lehigh, Clerk in the Building and Planning Departments of the City of El Segundo, be granted permission to take her earned 1949 vacation from September 11, 1950 to September 22, 1950, both dates inclusive; and that Bert W. Dodd, employee in the Street Department of said City, be granted permission to take one week of his earned 1949 vacation from May 16th, to May 22nd, 1950, both dates inclusive; it being provided, however, that said vacation dates are subject to change by the City Council, or by the head of the department, if, in his discretion, the best interests of the City of El Segundo would be served by amending the same. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes:. Councilmen None. Absent: Councilman Thompson. 2. That at its last regular meeting, the City Council had granted Mr. E. J. Grow, Mobile Equipment Superintendent, permission to take one weekts leave of absence, with pay, due to the death of his brother in Colorado; that Mr. Grow has not as yet returned to his duties with the City and he recommended he be granted an additional six days leave of absence. Moved by Councilman Swanson, seconded.by Councilman Gordon, the following resolution be adopted: RESOLVED, that in addition to the time heretofore granted E. J. Grow by this Council, at its last regular meeting, to be absent from City service, under the special and peculiar circumstances which prevail with reference to his case, said employee be and he is hereby granted an additional period of not to exceed six days leave of absence, with pay. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 3. That Mr. Roger Everly, Superintendent of El Segundo High School, had adtrised him that the school authorities are contemplating the erection of a gymnasium in the vicinity of Arena Street and Oak Avenue; that a drainage problem has presented itself at said location, and Mr. Everly had inquired whether or not the City might figure out someway to-solve the difficulty. By general consent the matter was referred to the City Coordinator and Public Works Commissioner Peterson for investigation and report. 4. That he had had a conference with Street Superintendent Gunn and Fire Chief Farrar respecting the matter of weed burning in the City where a fire hazard exists, and that the conclusion was reached that the most economical method would be to allow the matter to be handled by the Fire Department; that he had discussed the matter with Public Safety -12- I- 4178 00 w Commissioner Thompson, who had expressed satisfaction with the arrangements so made. 5. That vacations for members of E1 Segundo Fire Department will start on June lst, 1950, and that it will be necessary to hire a relief man during such vacation period; that he had discussed the matter with Public Safety Commissioner Thompson, who agrees that the employment of a man for temporary work will be necessary; that the person so hired should commence work approximately ten days before said vacation period in order that he may acquaint himself with his duties; that if the Council so authorizes, he will attempt to secure such relief help from the list of applicants who have heretofore passed the examination and been placed on the Fire Department eligible list. Moved by Councilman Peterson, seconded by Councilman Swanson, that the City Coordinator be and he is hereby authorized to employ a relief man for duty in El Segundo Fire Department during the vacation period of said Departmentts regular employees, such employment to commence on or before June 1st, 1950, and that the person, so employed, shall be compensated in accordance with the provisions of the salary resolution of the City of E1 Segundo.. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 6. That it will be necessary to employ a registered civil engineer to sign and approve certain papers in connection with the special assessment districts covering the improvement of Whiting Street and a portion of the alley in Block 15; also the improvement of Eucalyptus Drive, inasmuch as the City of El Segundo has no City Engineer at this time; that Mr. A. S. Monroe, Special Assessment Engineer for the City has agreed to do this work, without compensation. It was thereupon moved by Councilman Petersoh, seconded by Councilman Swanson, the following resolution be adopted: WHEREAS, A. S. Monroe, a registered civil engineer, duly licensed as such by the State of California, has offered to act as City Engineer of the City of E1 Segundo for the purposes hereinafter stated, and without compensation therefor; NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby appoint the said A. S. Monroe as City Engineer of the City of E1 Segundo, effective immediately, for the purposes of completing the special assessment proceedings for the improvement of a portion of Eucalyptus Drive, under Resolution of Intention No. 1040, and a portion of Whiting Street and the alley in Block 15, under Resolution of Intention No. 1042, to serve in such capacity without compensation, said appoint- ment to continue either until the further order of this Council or until the final completion of said proceedings, whichever may first occur. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 7. With reference to a bulletin received from the League of California Cities, and presented to this Council at its last regular meeting, with respect to an initiative constitutional amendment to _13- T 79 exempt all personal property from taxation, which matter was, at said meeting, referred to the Coordinator for investigation as to sponsoring organizations, etc., said Coordinator reported that the Chief Deputy City Clerk had made such investigations and discovered that the movement had been started and was being sponsored principally by East Los Angeles - Vernon industries; that some of the persons who had originally sponsored the proposed measure had withdrawn their names, but the League felt the City should adopt a resolution opposing such measure. It was thereupon moved by Councilman Gordon, seconded by Councilman Swanson, the following resolution be adopted: WHEREAS, this Council is informed that there is in circulation at this time a petition for the submission of an initiative measure, which would have for its purpose the elimination of personal property from assessment for taxation; and WHEREAS, this Council is conscious of the adverse effect which any such legislation would have upon the City of El Segundo, which has, for many years, used re- venues from such source to sustain municipal services of an essential character; and WHEREAS, this Council feels that the elimination of personal property from taxation, so far as the cities of California are concerned, can mean only one of three things, namely: Either that necessary and desirable municipal services must be withdrawn or seriously cur- tailed; or, additional burdens, through appropriate pro- ceedings, must be placed on real property, which this Council feels is presently bearing its full burden of taxation; or, other sources of municipal revenue must be discovered; and WHEREAS, this Council feels that such type.of legis- lation would provide free municipal services to owners of personal property who might not otherwise be contributing to municipal revenues through other taxing sources; NOW, THEREFORE, the City Council of the City of E1 Segundo does hereby most - respectfully suggest to the citizens of said City and does most sincerely recommend to them that they do not sign any such petition if, as and when presented. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. $. That a conference is to be held by the Los Angeles Traffic Association, respecting Freeways, on Monday, May 22nd, in Los Angeles, and that he and Councilman Peterson anticipated- attending said Conference. City Attorney Woodworth reported as follows: 1. That he had received from El Segundo Land and Improvement Company, duly signed and executed Grant of Easement from said Company to the City of El Segundo, in form as submitted to this Council at its regular meeting held May 3rd, 1950, which said Easement is now .ready for acceptance by the City Council if it so desires. -14- 1280 00 Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that a copy of that certain "Grant of Easement Agreement ", between El Segundo Land and Improvement Company, a California Corporation, and the City of El Segundo, a Municipal Corporation, dated the 10th day of May, 1950, be placed on file in the office of the City Clerk; that the City Council does hereby approve the said form of "Grant of Easement Agreement ", and does hereby authorize the Mayor and City Clerk to execute the same on behalf of the City of E1 Segundo, and to make delivery thereof in due course; AND, BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized to cause said instrument to be recorded in the office of the County Recorder of Los Angeles County, California. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 2. Presented for the Council's approval, form of "Temporary Construction Permit ", executed by El Segundo Land and Improvement Company, granting to the City of El Segundo permission to use additional parcels of land adjoining the real property covered by Grant of Easement Agreement, during construction period only. Moved by Councilman Gordon, seconded by Councilman Peterson, the following resolution be adopted: RESOLVED, that the City of E1 Segundo, through its City Council, does hereby accept the "Temporary Construction Permit, El Segundo Water Line ", dated May 10th, 1950, from El Segundo Land and Improvement Company, to the City of El Segundo, the original of which is hereby ordered placed on file in the office of the City Clerk, hereby referred to and by this reference incorporated herein and made a part hereof. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 3. Presented and read to the City Council a form of Notice to Bidders, covering proposed improvement of Main Street, from E1 Segundo Boulevard to Imperial Highway, in the City of El Segundo. Moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: f.ESOLVED, that a copy of that certain "NOTICE INVITING BIDS FOR THE IMPROVEMENT OF MAIN STREET BETWEEN EL SEGUNDO BOULEVARD AND IMPERIAL HIGHWAY. ", dated May 17, 1950, as presented to this Council at this meeting, be placed on file in the office of the City Clerk for the purposes of identification and reference; -15- T 281 AND, BE IT FURTHER RESOLVED, that this Council hereby approves the said form of notice and the contents thereof in each and every particular and does hereby find and de- termine that the prevailing rates of:.per diem wages within said City, set forth in said notice, are the prevailing rates of wages for each of the respective professions, crafts, trades, callings, and vocations therein mentioned or referred to, and that said rates are hereby fixed and established as, and shall constitute the minimum rates of.per diem wages to be paid in connection with the prosecution of the work under said notice; AND, BE IT FURTHER RESOLVED, that sealed bids be and the same are hereby invited under said notice, and that the City Clerk be and he is hereby authorized and instructed to cause said notice to be given and published in time, form and manner as required by law. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. 4. That at the request of the City Clerk, he had prepared form of Quitclaim Deed, quitclaiming the City's interest in certain water pipe lines across the Westerly 50 feet of the Easterly 114.03 feet of the Southerly 135 feet of Lot 2 in Block 106, El Segundo, which Quitclaim Deed he delivered to the City Clerk for presentation to the Council at the proper time. 5. Presented and read to the City Council a form of Notice to Bidders, which he had prepared, calling for bids on the City's requirements for gasoline, lubricants, etc. under Specificatiohs No. G.O. -2. Moved by Councilman Gordon, seconded by'Councilman Swanson, the following resolution be adopted: RESOLVED, that a copy of that certain "NOTICE TO BIDDERS ON GASOLINE, OIL, LUBRICANTS AND LIQUID ASPHALTS, TO BE FURNISHED THE CITY OF EL SEGUNDO, CALIFORNIA", be ordered placed on file in the office of the City Clerk; that the City Council does hereby approve the said form, and that the City Clerk be and he is hereby authorized and instructed to cause said Notice to be published in time, form and manner as required by law, bids under said Notice being hereby invited. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. UNFINISHED BUSINESS. The City Clerk read to the Council a letter received by him from Southwest Escrow Corporation, dated May 11, 1950, requesting that the City of E1 Segundo furnish to it, for use in its Escrow No. 9869 -1, Quitclaim Deed, quitclaiming the City's interest in a certain easement covering watbr pipe lines in a portion of Lot 2, Block 106, El Segundo. Moved by Councilman Swanson, seconded by Councilman Peterson, the following resolution be adopted: -16- WHEREAS, the City Council of the City of El Segundo, California, has received a communication in words and figures as follows: , "SOUTHWEST ESCROW CORP. Inglewood, Calif. May 11, 1950 City Council City of El Segundo E1 Segundo, Calif. Our Escrow No. 9869 -1 Gentlemen:- Our above numbered escrow involves the sale of property legally described as follows: The Westerly 50 feet of the Easterly 114.03 feet of the Southerly 135 feet of Lot 2 in Block 106 of El Segundo, as per map recorded in Book 20, Pages 22 and 23 of Maps, in the office of the County Recorder of Los Angeles County. In order to procure a clear title to this property it will be necessary for us to have a quit claim deed to all right of way easement, pipe lines and appurtenances thereto running through, across or located upon said premises, as granted by Los Angeles Trust and Savings Bank, and others, to the Arena Water Co., by deed recorded in Book 5505, Page 294 of Deeds, in the office of Los Angeles County Recorder. Mr. Smith, of the Water Department, has advised that this deed may be secured for a fee of $5.00, which we will remit to you at close of escrow. We would appreciate your favorable consideration of this request. The Quit Claim Deed in question should be in favor of Willard W. Winans and Myra Winans, his wife, as joint tenants. Very truly yours, SOUTHWEST ESCROW CORPORATION, By Marian Irwin.«; AND, WHEREAS, this Council has investigated the subject referred to in the said communication and feels that with re- ference to the particular property described in said communica- tion, the action hereinafter taken is indicated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, does hereby resolve, declare, determine and order as follows: -17- First: That said Council hereby finds and determines that the easement referred to in said communication and which is hereinafter described, is no longer needed by the City of E1 Segundo, and therefore that the City may properly quitclaim said particular easement over said particular property. Second: That the Mayor and City Clerk be and they are hereby authorized and instructed to execute a quitclaim deed from the City of El Segundo and in its name, quitclaiming to Willard W. Winans and Myra Winans, his wife as joint tenants, so far as the same affects the Westerly 50 feet of the Easterly 114.03 feet of the Southerly 135 feet of Lot 2 in Block 106 of E1 Segundo, as per map recorded in Book 20, Pages 22 and 23 of Maps, in the office of the County Re- corder of Los Angeles County, California, that certain easement over said above described property (only) for pipe lines and appurtenances, as reserved to Arena Water Company in a .deed from Los Angeles Trust and Savings Bank, a Corpora- tion, recorded in Book 5505, Page 294, of Official Records of Los Angeles County, California (of which said easement said City of E1 Segundo, by mesne assignment of record, is now the owner). Third: That the City Clerk be and he is hereby authorized to make delivery of said quitclaim deed to said grantee upon the payment to the City of E1 Segundo of the sum of $5.00, which the Council hereby finds and de- termines to be the reasonable amount to be paid to said City as the consideration of said deed. Fourth: That nothing herein contained shall be con- strued as constituting any precedent in the premises with reference to the release of the easement "above referred to as affecting any other property or properties within said City, as the City Council reserves the right to consider each application for a release of such general easement as it applies to any particular property at the time that such respective applications for such releases may be presented to said Council. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. PAYING BILLS. The following demands, having had the approval of the Committee on Finance and Records, were read: Lippincott & Rowe TOTAL Water Works Bond Election, 1948, Constr. Fund. 10,122.70 $10,122.70 -18- Recreation Fund Coll. of Internal Revenue 63.76 Hollywood Trophy Co. Inc. 84.52 Pacific Hide & Leather 10.64 Gouger Leather Co. Inc. 67.13 $166.05 T28 X84 General Fund General Fund R. N. Herman X50.00 Richardson's Printing $33.48 Earl Morgan 7.85 Walter W. Swanson 6.50 City of E1 Segundo Water City of E1 Segundo Water Department 27.40 Department 502.06 Pacific Radionics 87.85 American Public Works Assn. 10.00 TOTAL 725.14. Moved by Councilman Peterson, 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 Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. NEW BUSINESS. The City Coordinator reported that due to the death of one employee and the resignation of another in the Street Department, the Street Superintendent is in need of two men for said Department. By general consent the matter was referred to the City Coordinator for administrative handling. Moved by Councilman Peterson, seconded by Councilman Gordon, that this Council reconsider its previous action taken at this meeting, granting a temporary, revocable permit to R. F. Mast, to occupy, use and maintain a house trailer at 519 Richmond Street. Carried by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. -. Absent: Councilman Thompson. After such reconsideration, it was moved by Councilman Peterson, seconded by Councilman Gordon, the following resolution be adopted: RESOLVED, that the action taken by this Council, at this meeting, granting a temporary, revocable permit to R. F. Mast, to occupy, use and maintain a house trailer at 519 Richmond Street, El Segundo, be and the same is hereby rescinded; and BE IT FURTHER RESOLVED, that said application, of said R. F. Mast, dated 5 -9 -50, requesting a permit to occupy, use and maintain a house trailer at 519 Richmond Street, in the City of El Segundo, be and the same is hereby denied. On roll call, the foregoing resolution was adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Thompson. No further business appearing to be transacted at this meeting, it was moved by Mayor Selby, seconded by Councilman Peterson, the meeting adjourn. Carried. Approved: Respectful Mayor. .� -19- 00