1953 AUG 19 CC MINV 545
E1 Segundo, California
August 19, 1953
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
Dave W. Peterson, Mayor pro tem.
ROLL CALL
Councilmen Present: Gordon, Swanson and Mayor pro tem Peterson;
Councilmen Absent: Baker and Mayor Selby.
READING OF MINUTES OF PREVIOUS MEETING
The minutes of the regular meeting held on the 12th day of August, 1953,
having been read, and no errors or omissions having been noted, .it was moved
by Councilman Gordon, seconded by Councilman Swanson, the minutes of said
meeting be approved as recorded. Carried.
SPECIAL ORDERS OF BUSINESS
The hour of 7 :00 o'clock P. M. having arrived, the Mayor pro tem an-
nounced that -this was the time and place heretofore set for the reception
of bids for the resurfacing of portions of Palm Avenue and Pine Avenue, in
the City of E1 Segundo, and inquired if anyone present in the Council Chamber
desired to file a bid therefor.
No one responding, the Mayor pro tem inquired of the City Clerk if she
had received any bids for the said'resurfacing of portions of Palm Avenue and
Pine Avenue, and the City Clerk announced that she had four bids in her pos-
session.-
Moved by Councilman Swanson, seconded by Councilman Gordon, that the
City Council proceed to open, examine and publicly declare said bids. Carried.
The Council thereupon proceeded to open, examine and publicly declare
said bids9 which bids were found to be as follows, to wit:
Oswald Bros. Co.
ITEM 1 ITEM 2 TOTAL
4.96 42.50 9,866.75
G. G. Fisher Paving Company 5.63 55.00 11,243.75
Warren Southwest, Inc. 5.65 42..00 11,116.75
Griffith Company 6.20 60.00 12,375.00
Moved by Councilman Gordon, seconded by Councilman Swanson, the bids be
referred to the Director of Public Works for tabulation and report to the
City Council at a later time at this meeting. Carried.
The Mayor pro tem then announced that this was the time and place here-
tofore set for the reception of bids for the improvement of Holly Avenue be-
.tweet Main �treet and- Standard Street and for the resurfacing of Standard
Street between the north line of Holly Avenue and the north curb line of
Grand Avenue, in the City of E1 Segundo, and inquired if anyone present in
the Council Chamber desired to file a bid therefor.
No one responding, the Mayor pro tem inquired of the City Clerk if she
had received any bids for said work of improvement, and the City Clerk an-
nounced that she had four bids in her possession.
V 546
Moved by Councilman Gordon, seconded
by Councilman
Swanson, that
the City Council proceed to open, examine
and publicly declare said bids.
Carried.
'-
The Council proceeded to open, examine and publicly declare said
bids, which bids were found to be as follows,
to wit:
T
ITEM PRICE
OT TAL
Oswald Bros. Co. Item No.
1
1.30
4399. 10
Item No.
2
6.60
4,884.00
Item No.
3
•93
644.84
Item No.
4
6.50
55.25
5,983.19
G. G. Fisher Paving Company
Item No.
1
$1.50
$ 460.50
Item No.
2
6.15
4,551.00
Item No.
3
1.35
936.06
Item No.
4
20.00
170-00
,117.5
Warren Southwest, Inc. Item No.
1
$2.25
690.75
Item No.
2
6.15
4,551.00
Item No.
3
1.60
1,109.41
Item No:
4
13.00
,
� ,4 1.
Griffith Company Item No.
1
$1.45
$ 445.15
Item No.
2
7.40
5,476.00
Item No.
3
1.20
832.06
Item No.
4
15.00
6,.880.71
Moved by Councilman Swanson, seconded by Councilman Gordon, that the
bids be referred to the Director of Public Works for tabulation and report
thereon at a later time atthis meeting. Carried.
The Mayor pro tem announced that this was the time and place hereto-
fore fixed for a continued hearing on the matter of the adoption of a pro-
posed comprehensive Zoning Ordinance in and for the City of E1 Segundo.
--The City Clerk reported she had received a communication from West-
chester Realty Company, dated August 19, 1953, registering protest against
any proposed rezoning of Lot 152, Tract 15692, which had heretofore been
designated as a C -2 zone.
Thereafter, it was moved by Councilman Gordon, seconded by Councilman
Swanson, the following resolution be adopted:
i
RESOLVED, that the communication from Westchester Realty
Company, dated August 19, 1953, be received and hereby in-
corporated herein and made a part of the proceedings in con-
nection with the adoption of a proposed comprehensive Zoning
Ordinance in and for the City of E1 Segundo; and
BE IT FURTHER RESOLVED, that a copy of said communica-
tion be transmitted to Gordon Whitnall, Planning Consultant,
for his information in the premises and recommendation in
connection therewith.
Carried.
The Mayor pro tem then inquired whether any person or persons in the
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Council Chamber desired to address the Council in connection with
said hearing. No one responded.
Thereupon, it was moved by Councilman Gordon, seconded by Council -
man Swanson, that this hearing be continued until the hour of 7 :00 otclock
P. M., on Wednesday, August 26th, 1953• Carried.
WRITTEN COMMUNICATIONS
Written communications, received from the persons, firms or corpor-
ations, hereinafter named, were read to the Council and were disposed of
in the manner indicated, following reference to each hereinafter:
DETROIT PRODUCTS CO., dated August 19, 1953, requesting that the
two -hour parking limit signs be removed from that portion of Concord Street
between E1 Segundo Boulevard and the alley northerly thereof due to the
fact that in the operation of its factory, located at the corner of E1
Segundo Boulevard and Concord Street, it is sometimes necessary that its
trucks remain on the street beyond the two -hour parking limit.
Mr. Floyd E. Wallace, of the said Detroit Products Co., then ad-
dressed the Council elaborating on the contents of the communication here -
inbefore mentioned.
Moved by Councilman Gordon, seconded by Mayor pro -tem Peterson, that a
copy of the communication from Detroit Products Co. with respect to the
removal of two -hour parking limit signs on Concord Street between E1 Segundo
Boulevard and the alley northerly thereof, be referred to the Chief of
Police of the City of E1 Segundo and Public Safety Commissioner Swanson for
investigation and recommendation to this Council at its next regular meet-
ing to be held Wednesday, August 26,. 1953. Carried.
DOROTHY H. MARCUS, DBA EL SEGUNDO CAB CO., dated August 18, 1953,
being an application for permit to conduct a taxicab business at 217 West
Grand Avenue, E1 Segundo, which business she has purchased from'Wayne H.
Bosse, who formerly conducted said business under the name of Blue and
White Cab Co.
The City Clerk stated that Mr. Bosse had informed her he had no
further use for his taxicab permit in the City of E1 Segundo and would bring
his license in for cancellation; also that the application form of Dorothy
H. Marcus had been completed in satisfactory manner and approved by the
Chief of Police; that an insurance policy had been filed with her covering
said business, which policy had been approved as to form by the City Attor-
ney.
Thereafter, it was moved by Councilman Swanson, seconded by Councilman
Gordon, that Resolution No. 1342, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, GRANTING A CONDI-
TIONAL PERMIT TO DOROTHY H. MARCUS, DOING
BUSINESS AS ttEL SEGUNDO CAB CO.", TO OPERATE
A TAXICAB BUSINESS IN THE CITY OF EL SEGUNDO.,
which was read; be adopted.
On roll call, said motion carried and said resolution was adopted by the
following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
PLANNING COMMISSION, CITY OF EL SEGUNDO, dated August 13, 1953, trans-
mitting, therewith, copy of its Resolution No. 157 denying an application
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for change of zone from R -1 to R -2 affecting the southerly 175 feet
of Lots 1, 2, 3, 4, 5 and 6, of Block 106, El Segundo.
Moved by Councilman Swanson, seconded by Councilman Gordon, the
following resolution be adopted:
RESOLVED, that the communication from the City Planning
Commission, dated August 13, 1953, together with copy of said
Commission's Resolution No. 157, denying an application for
rezoning from R -1 to R -2 affecting the southerly 175 feet of
Lots 1, 2, 3, 4, 5 and 6, Block 106, E1 Segundo, be received
and placed on file in the office of the City Clerk, and that
said matter be taken under consideration by this Council
until the expiration of the twenty -day period in which the
applicant for such rezoning may file an appeal from the de-
cision of said Planning Commission.
Carried.
MRS. R. T. HUTCHINS AND FAMILY, expressing appreciation for sympathy
extended by the City Council on the occasion of the recent death of Russell
T. Hutchins, former Chief of Police. Ordered filed.
ROBERT LEE HOBSON, dated August 19, 1953;
KEITH FRANCIS POEH MANN, dated August 14, 1953;
HELEN MAURINE WRIGHT, dated August 14, 1953; _
MARY MARGARET KUNZE.LMAN, dated August 12, 1953;
HERBERT EUGENE TAYLOR, dated 17 August, 1953; and
WAYNE EDWARD MOTE, dated August 3, 1953, each being an application for
employment by the City of El Segundo. Ordered filed.
ORAL COMMUNICATIONS
Mr. Alfred Oakes, 1110 East Acacia Avenue, registered complaint be-
cause of the noise emanating from the testing of jet airplanes at the North
American testing hangars northerly of new Imperial Highway. He stated the
engines are being run on a 24 -hour basis, outside of the sound tunnels dur-
ing the daylight hours but inside of the tunnels between the hours of 7 :00
P.M. and 6 :00 A.M.; that he had contacted the airport and the Company and
had been informed that so long as the planes were tested inside the tunnels
the Company had a perfect right so to do, and he inquired if the Council had
any suggestions as to what might be done to help alleviate the nuisance.
Councilman Gordon stated he would make an investigation during the
coming week, and thereafter, the entire Council might also make an investi-
gation.
Councilman Swanson stated he had received numerous complaints on the
same subject; that he had contacted Mr. Jeff O'Hearn of the North American
Aviation, Inc., and Mr. O'Hearn had advised him the Company had a large
backlog of orders; that it was running the maximum number of engines through
the testing apparatus; that he'had inquired of Mr. O'Hearn how soon the
present emergency might be over, but Mr. O'Hearn could give him no satis-
factory answer:
Mayor pro tem Peterson then advised Mr. Oakes that Mayor Selby has an
appointment-on September 15th with Mayor Poulson of Los Angeles, and this
matter would be discussed at that time.
Mr. Harry Armour, 807 Center Street, E1 Segundo, addressed the
Council, inquiring if it would look with favor upon the abandonment of
Arena Street in the 300 block, which street extends from Grand Avenue to
the Pacific Electric Railway tracks only.
Mr. Armour stated he was President of the E1 Segundo Boy Scout Associa-
-4-
tion, Inc., and that-in the proposed improvement of the Boy Scout
Building and surrounding property it is desirable to build a retaining
wall parallel with the Pacific Electric tracks for the full length of
the property but unless such wall can extend easterly into what pre-
sently is Arena Street, the construction of such wall will not have the
desired effect.
Mr. Armour then presented a written request for such abandonment,
which request was dated August 19, 1953• Thereafter; it was moved by
Councilman Swanson, seconded by Councilman Gordon, the following resolu-
tion be adopted:
RESOLVED, that the communication from Harry C. Armour,
Jr., President of the E1 Segundo Boy Scout Association, Inc.,
dated August 19, 1953, requesting the vacation by the City of
E1 Segundo of Arena Street between Grand Avenue and the
Pacific Electric tracks, be received and placed on file in
the office of the City Clerk; and
BE IT FURTHER RESOLVED, that a copy of said communi-
cation be referred to the City Planning Commission for its
consideration and report to the City Council with its recom-
mendations thereon, and that said matter also be referred to
the City Engineer for investigation as to easements which
might affect said property and the reversionary rights
thereof.
Carried.
None.
REPORTS OF STANDING COMMITTEES
REPORTS OF OFFICERS AND SPECIAL COMMITTEES
The City Clerk reported that she had received from Century Oil
Company duly executed contract between said Company and the City of E1
Segundo for the furnishing of certain petroleum products for the year
beginning August 15, 1953, and that the Faithful Performance Bond at-
tached to said contract has been approved as to form by the City Attorney
and it will now be in order for the City Council to approve said bond.
Moved by Councilman Gordon, seconded by Councilman Swanson, the
following resolution be adopted:
RESOLVED, that the Faithful Performance Bond, dated
the 13th day of August, 1953, with Century Oil Company of
Long Beach, California, as principal, and Hartford Accident
and Indemnity Company, a Connecticut corporation, as surety,
be approved by this Council and that the City Clerk be and
she is hereby authorized and instructed to endorse evidence
of this approval upon said bond.
On roll call, the foregoing resolution was adopted by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
Director of Public Works Short made reports as follows:
1. That he had tabulated the bids received by the City Council at
this meeting for the resurfacing of certain portions of Palm Avenue and
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V 549
V 550
Pine Avenue, within said City, and finds that the bid of Oswald Bros.
Co., in the total sum of $9,868.75 is the lowest firm bid received,
and he recommended a contract be awarded to said Company.
Moved by Councilman Gordon, seconded by Councilman Swanson, that
Resolution No. 1343, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, AWARDING TO OSWALD
BROS. CO. A CERTAIN CONTRACT FOR THE RESURFAC-
ING OF CERTAIN PORTIONS OF PALM AVENUE AND
PINE AVENUE, WITHIN SAID CITY.,
which was read, be adopted.
On roll call, said motion carried and said resolution was adopted by the
following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tern Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
2. That he had tabulated the bids received by the City Council at
this meeting for the improvement of Holly Avenue between Main Street and
Standard Street and for the resurfacing of Standard Street between Holly
Avenue and Grand Avenue, within said City, and finds that the bid of
Oswald Bros. Co., in the total sum of $5,983.19 is the lowest firm bid
received, and he recommended a contract be awarded to said Company.
Moved by Councilman Gordon, seconded by Councilman Swanson, that
Resolution No. 1344, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, AWARDING TO OSWALD
BROS. CO. A CERTAIN CONTRACT FOR THE IMPROVE-
MENT OF HOLLY AVENUE BETWEEN MAIN STREET AND
STANDARD STREET AND FOR THE RESURFACING OF
STANDARD STREET BETWEEN HOLLY AVENUE AND
GRAND AVENUE, WITHIN SAID CITY.,
which was read, be adopted.
On roll call, said motion carried and said resolution was adopted by
the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
3. That in connection with the present program for the extension of
primary distribution system for the Water Department of the City of El
Segundo, he had applied to the Pacific Electric Railway Company for per-
mission to cross the tracks of said Company on Pine Avenue in the vicinity
of Sierra Street, and at a certain point on Center Street, and had re-
ceived from said Company its forms of crossing permit covering such pro-
posed installations, which permits he had referred to the City Attorney
for• approval as to 'form.
The City Attorney stated he had approved said permits as to form,
whereupon it was moved by Councilman Gordon, seconded by Councilman
Swanson, the following resolution be adopted:
RESOLVED, that that certain Permit, dated the 10th day
of August, 1953, executed by Pacific Electric Railway Company,
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v
granting permission to the City of E1 Segundo to install
a certain water main under said Company's tracks-on Pine
Avenue in the vicinity of Sierra Street; and that certain
Permit dated the 10th day of August, 1953, executed by
said Pacific Electric Railway Company, granting permission
to the City of El Segundo to install a certain water main
under said Company's tracks at a certain point on Center
Street, in the City of E1 Segundo, be received and ordered
placed on file in the office of the City Clerk, and as so
on file same are hereby referred to and by this reference
incorporated herein and made a part hereof; and
BE IT FURTHER RESOLVED, that the City Council does
hereby approve the said agreements and does hereby author-
ize and direct the Mayor and City Clerk to execute the same
on behalf of said City, and that the City Clerk be further
authorized to make delivery thereof in due course.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent Councilman Baker and Mayor Selby.
4. That prior to this date the Water Department of the City of E1
Segundo had been renting gas cylinders from the Mutual Liquid Gas and
Equipment Company without any written contract respecting such rental,
but that said Company had now presented to him for execution by the City
a Consumer's Agreement, which agreement is dated the 9th day of July,
1953, and which agreement said Company had requested the City execute in
order to continue such rental service; that he had presented the agreement
to the City Attorney for approval as to form, and recommended that the City
Council accept the same.
The City Attorney thereupon stated he had approved same as to form
but called the Council's attention to certain conditions contained therein
which are very definitely in favor of the supplier, but further stated that
this appears to be the only method whereby the gas cylinders can be ob-
tained.
Thereupon, it was moved by Councilman Gordon, seconded by Councilman
Swanson, the following resolution be adopted:
RESOLVED, that that certain Consumer's Agreement, dated
the 9th day of July, covering the renting of gas cylinders by
the City of El Segundo from the Mutual Liquid Gas and Equip-
ment Company, be received and ordered placed on file in the
office of the City Clerk, and as so on file 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 does hereby
approve the said Agreement and does hereby authorize and direct
the Mayor and City Clerk to execute the same on behalf of said
City, and-that the City Clerk be further authorized to make
delivery thereof in due course.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
5. Presented for the Council's approval plans and specifications
covering the improvement of Mariposa Avenue between Sepulveda Boulevard
7—
551
V 552
and Douglas Street, in the City of E1 Segundo. He stated that the
Engineerts estimate of the cost of the project is $94,804.00, while
the commitments have been made in amount of $95,000.00•
Following consideration of said plans and specifications, it was
moved by Councilman Gordon, seconded by Councilman Swanson, the follow-
ing resolution be adopted:
RESOLVED, that a copy of that certain Plan, entitled:
t'Dwg. No. 530609; consisting of two sheets, be placed on
file in the office of the City Clerk and that said Plan be
and the same is hereby approved by this Council.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
Moved by Councilman Swanson, seconded by Councilman Gordon, that
Resolution No. 1345, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING ItCITY OF
EL SEGUNDO, CALIFORNIA SPECIFICATIONS NO.
ST -6008 FOR THE IMPROVEMENT OF MARIPOSA AVENUE
BETWEEN SEPULVEDA BOULEVARD AND DOUGLAS STREET,
IN THE CITY OF EL SEGUNDO "., IN AND FOR SAID CITY.,
which was read, be adopted.
On roll call, said motion carried and said resolution was adopted by the
following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
6. That in connection with the proposed improvement of Mariposa
Avenue, hereinbefore referred to, he had received a commitment from Santa
Fe Land Improvement Company in the sum of $46,000.00 and from North Amer-
ican Aviation, Inc. in the sum of $20,000.00; that in his opinion such
amounts should be in the City Treasury before the City advertises for bids
on said work, and he recommended the City Clerk be instructed to make de-
mand upon said Companies for the sums which they have agreed to pay toward
such improvement.
Thereafter, it was moved by Councilman Swanson, seconded by Council-
man Gordon, the following resolution be adopted:
RESOLVED, that the City Clerk be and she is hereby author-
ized to address communications to Santa Fe Land Improvement
Company and to North American Aviation, Inc., advising said
Companies that the City is now in position to advertise for
bids upon the proposed improvement of Mariposa Avenue between
Sepulveda Boulevard and Douglas.Street, and to request said
Companies to immediately forward to the City the sums which
they have agreed to contribute toward the cost of such im-
provement.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
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%. That he had received from the office of Ralph C. Flewelling,
Architect, final plans and specifications for the construction of a
new warehouse for the City of El Segundo; that said plans and speci-
fications have been carefully examined by him and that all of the
changes and corrections.which the Council desired have been made in
said new plans and specifications, and he recommended approval of same
-and that the City Attorney be instructed to prepare proper notice in-
viting bids for such construction work.
- Moved by Councilman Gordon, seconded by Councilman Swanson, the
following resolution be adopted:
RESOLVED, that a copy of that certain Plan, entitled:
"WAREHOUSES FOR THE CITY OF EL SEGUNDO, EL SEGUNDO, CALI-
FORNIA", consisting of Drawings Nos. 1 to 5, both inclusive,
be placed on file in the office of the City Clerk and that
said Plan be and the same is here approved by this Council- and
BE IT FURTHER RESOLVED, that he Director of Public Wor�s
be and he is_here y f4ANtOW authorized to sign said plans, on
behalf of the Citq:�of-El•Segundo, indicating approval thereof.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent Councilman Baker and Mayor Selby.
- Moved by Councilman Swanson, seconded by Councilman Gordon, that
Resolution No. 1346, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING "SPECIFI-
CATIONS JULY 220 1953 WAREHOUSES FOR THE CITY
OF EL SEGUNDO", IN AND FOR SAID CITY.,
which was read, be adopted.
On roll call, said motion carried and said resolution was adopted by the
following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilmen Baker and Mayor Selby.
Moved by Councilman Gordon, seconded by Councilman Swanson, the follow-
ing resolution be adopted:
RESOLVED, that the City Engineer be and he is hereby
directed to furnish the City Attorney with the necessary data
in connection with the proposed construction of a new ware-
house in and for the City of E1 Segundo, and upon receipt of
such data the City Attorney be instructed to prepare the form
of Notice Inviting Bids on such work, and the City Clerk is
hereby directed to publish such notice to bidders in time,
form and manner as required by law.
On roll call, the foregoing resolution was adopted by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
City Attorney Woodworth reported as follows:
1. That from data furnished him he had prepared Notice of Sale of
a Two - Bedroom Dwelling House presently owned by the City of E1 Segundo,
which notice he delivered to the City Clerk for presentation at the proper
time.
v 554
2. That in connection with the sale heretofore made by the City
of E1 Segundo of buildings at the Veterans? Housing Project, a dispute
had - arisen between the Building Inspector and the purchaser of said
buildings with respect to the removal of sidewalks on said Project;
that the purchaser is of the opinion that the removal of such side-
walks is not included in the contract awarded to him and the purchaser's
attorney had informed Mr. Woodworth that if the City insisted such side-
walks be removed at the purchaser's expense, the matter would be taken
to court; that the Building Inspector estimated the cost of removal of
such sidewalks would be between $75.00 and $100.00 and that said pur-
chaser's attorney had agreed to compromise the matter and the purchaser
would be willing to bear one -half of the cost of such removal.
After discussion, it was moved by Councilman Gordon, seconded by
Councilman Swanson, the following resolution be adopted:
RESOLVED, that the compromise offer made by the attorney
for Lucas Wrecking Company to bear one -half of the cost of the
removal of sidewalks at the Veterans? Housing Project, be and
the samd is hereby approved, and the Director of Public Works
be and he is hereby authorized to keep an accurate record of
such costs and thereafter the City Clerk shall deduct one -half
of such cost from the amount of the deposit heretofore made by
said Lucas Wrecking Company to guarantee the cleaning up of the
premises at the Veterans' Housing Project from which the build-
ings were removed by said Company.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
UNFINISHED BUSINESS.
The Mayor pro tem announced that the City Council would now consider
the matter of revocation of the permit heretofore held by Milton C. Wade
for conducting a dog kennel at 1310 East Grand Avenue, in the City of E1
Segundo.
The City Attorney stated he had delivered to each member of the City
- Council a copy of a proposed resolution revoking such permit and setting
forth the findings of the City Council in connection with said matter,
which resolution he presumes each member of the Council has read, and
can testify to'such fact. Each member of the City Council present at
this meeting stated he had read and studied said form of resolution.
The City Attorney then inquired of Mr. George Lawrence, Attorney
representing Mr. Milton C. Wade,who was present in the Council Chamber,
if Mr. Lawrence would waive the reading of the said resolution and Mr.
Lawrence stated he had no objection whatsoever. Mr. Woodworth stated
that in that event no point would be made to the waiving of such reading in
event of litigation.
The City Attorney then stated that the Council is familiar with the
fact that the resolution makes many different findings, and in any court
proceeding it is usual to give the opposing counsel the right to present
any statements he might care to make, and he suggested that before the
resolution is adopted, if agreeable to members of the Council, that Mr.
Lawrence be permitted to make any remarks to the Council with reference
to said resolution, if he desired so to do. By general consent, this per-
mission was granted.
Mr. Lawrence then stated that he had read the proposed resolution
which he received some two weeks ago; that he has weighed all of the evi-
V 555
dence presented at the hearing and stated he was making objection to
the findings as set forth in the proposed resolution predicated pri-
marily on the feeling that the evidence which was adduced at the hear-
ing is not sufficient to result in any of the findings in these particu-
lars; that the findings are set forth precisely on the grounds on which
Mr. Wade was cited to appear for hearing.
Mr. Lawrence thereupon took the findings in numerical order and set
forth his main objections thereto, as follows:
1. fl(1) For failure on his part to keep and maintain said
kennel located at 1310 East Grand Avenue, within
said City at all times in a clean, presentable and
sanitary..condition and so as not to constitute in
any sense a nuisance."
That it would appear to him that the standard which the Council should
apply to that particular matter would be the standard of the Health Depart-
ment, which in the case of the City of E1 Segundo is the County Health
Department; that the Council is aware that said Health Department inspects
such kennels and the testimony presented indicates it had inspected this
particular kennel; that long ago Mr. Wade had been cited to court for
failure to keep the kennel in a sanitary condition, that the probation
that had been imposed on him at that time had expired, and that apparently
at the time of this hearing the County Health Department was satisfied as
to the sanitary conditions of these premises.
2. 11(2) Because sick and diseased and other dogs are being
kept in kennels without sufficient attendants to
properly and adequately perform the work of feed -
ing, serving, nursing, treating, cleaning, minister-
ing to and caring for the needs of such sick and
diseased and other animals requiring attention in
said kennel.fe
That he does not believe there was sufficient evidence presented at
the hearing to warrant the finding as contained in Item No. 2; that he
does not recall any testimony directed toward this point; that there
was testimony that two or three dogs there had skin trouble and were shed-
ding, and testimony that several dogs, especially some chows, had an eye
condition which seemed to be diseased; that no testimony was received in-
dicating that anything of this sort was caused by lack of nursing or in-
sufficient attendents; that no evidence was given that an increase in at-
tendents would remedy such condition.
3. 11(3) Because certain of said animals show evidence of malnu-
trition."
That testimony was received that there were 85 or 86 dogs at the time
visitation was made to the premises by the Humane Society; that evidence
was presented to the Council that there were three dogs, he believes,
whose hair was certainly in bad condition but apparently from pictures and
testimony it was nothing but mange or skin condition, and the testimony of
only one person qualified to testify was received that it appeared to be
malnutrition; that out of 85 or 86 animals, all of which belonged to Mr.
Wade, two or three dogs only seemed to be suffering of malnutrition, which
would not appear to indicate what the Council had in mind when they in-
spected this kennel and saw the pictures; that in no sense did it indi-
cate the dogs were being abused or not being fed properly; that testimony
was quite clear as to the amount of food given and the fact that some 90%
of the dogs were not suffering from malnutrition would justify.-there was
not sufficient evidence to indicate the animals were not being properly
fed; that he will agree some of the dogs, because of age, should have been
destroyed but for sentimental reasons Mr. Wade was unwilling to do this.
4. 11(4) The failure of said permittee to properly and ade-
quately control the breeding of flies and the accumu-
lation of manure in and at said kennel premises."
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v
556
There was some evidence presented as to breeding of flies and
manure accumulation; but again that is a matter under the control of
the Health Department; they do make inspections, they have tried to be
conscientious and fair to both kennel owner and the public; that cer-
tain of these conditions exist at times which are almost impossible of
solution. Generally speaking, if a serious condition exists, the Health
Department has the knowledge and facilities and power to take drastic
steps, and do do it; that Mr. Wade received a citation some time ago
for this same reason, but for a period of some three years he has not
been cited again.
Mr. Lawrence then summarized his objections by stating that his
feeling is that evidence in those particulars does not justify the find-
ings the Council has made; that while it is true, on a basis of testimony,
there was no testimony on those issues but some generally reflected upon
Mr. Wade; that he had had these previous troubles and possibly that in-
fluenced the Council's decision as well as clashes of personality and
idiosyncrasies may have had something to do with it; that the City Council
had taken into consideration the matter that it would take Mr. Wade some
time to move but did not consider the concrete on the ground which will be
useless to Mr. Wade and a loss; that Mr. Wade is an ill man and has strongly
been advised by doctors as well as by Mr. Lawrence to dispose of this
property, but Mr. Lawrence does not know what Mr. Wade's position in this
regard is; that his wife is joint owner and living separate and apart from
him and, therefore, Mr. Wade cannot sell the property without her consent,
so he has many problems to overcame aside from the problem of this particu-
lar kennel.
Mr. Lawrence further stated that he feels, under the circumstances,
the Council should reconsider the matter on the basis of evidence presented
and-the findings set forth in this resolution.
City Attorney Woodworth stated the Council could take the matter
under advisement for another week in view of the statements by Mr. Lawrence,
and to review the transcript of the testimony to ascertain if his state-
ments have merit, that the findings could be modified in any way.
Councilmen Gordon and Swanson made inquiries as to whether or not the
Council must consider only the testimony had at the hearing or if other
complaints that have been received would have bearing on the case, and Mr.
Woodworth informed them no testimony other than that received at the hear -
-ing could be considered.
Following further consideration, it was moved by Councilman Gordon,
seconded by Councilman Swanson, that the matter of the revocation of per-
mit heretofore issued to Milton C. Wade to conduct a dog kennel at 1310
East Grand Avenue, in the City of El Segundo, be taken under further con-
sideration by this Council until its next regular meeting to be held
August 26, 1953, and in the meantime the Council would make a further study
of the transcript of the testimony had at the hearing and also give consider-
ation to Mr. George Lawrence's remarks made at this meeting in connection
with said matter. Carried.
The City Clerk at this time read to the Council "NOTICE OF SALE OF A
TWO BEDROOM FRAME HOUSE WITH SEPARATE SINGLE GARAGE", which form had been
prepared by the City Attorney, and thereafter, it was moved by Councilman
Swanson, seconded by Councilman Gordon, the following resolution be adopted:
RESOLVED, that a copy of that certain ''NOTICE OF SALE
OF A TWO BEDROOM FRAME HOUSE WITH SEPARATE SINGLE GARAGE. ",
dated August 19th, 1953, presented to this Council at this
meeting, be and the same is hereby ordered placed on file
in the office of the City Clerk and as so on file is hereby
referred to and by this reference incorporated herein and
made a part hereof; and
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BE IT FURTHER RESOLVED, that this Council does hereby
approve the said form of notice inviting bids and does here-
by authorize and instruct the City Clerk to cause the same to
be published in time, form and manner as required by law, bids
under -said notice being hereby invited.
Carried by the following vote:
Ayes: Councilmen Gordon, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent. Councilman Baker and Mayor Selby.
PAYING BILLS
The following demands, having had the approval of the Committee on
Finance and Records, were read:
General Fund
Ruth Hopp, City Treasurer 2,843.73
- n n tt it
3,185.45
n tt it ft
1,251.91
tt tt it it
1,753.13
tr n it it
2,007-76
tt n tt rt
1, 730.25
n n It n
6.25
Hospital Service of
State Employees'
Southern California
255.45
State Employees'
Southern California
Retirement System
1,228.75
L. A. Allen
11-93
City of E1 Segundo
Luippold Engineering
Water Department
114.35
E. J. Neville C.o., Inc.
61.60
Edith Bennett
33.80
E. C. Illingworth
105.20
Pacific Tel. & Tel. Co.
291.90
Gibson Motor Parts
56.63
Snap -On Tools
7.67
A. M. Donaher & Son
19.72
Carburetor & Elec. Supply
6.36
Title Ins. & Trust Company
29.25
George J. Cake Co.
15.35
County of L. A., Sheriff's
Business Office
25.20
L. A. Co. Health Dept.
33.36
Ira E. Escobar
141.78
John J. Mardula
76.80
Southern Calif. Edison Co.
419.33
Neva M. Elsey, City Clerk
60.15
El Segundo Herald
7.44
The El Segundo Press
175.62
South Bay Publishing Co.
7..00
TOTAL $
15,963.12
Recreation*Fund
Southern California
Edison Company $ 48.80
TOTAL 48.80
Water Works Fund
Payroll Demand
$2,297.17
Ruth Hopp, City Treasurer 329.70
ft it it It
6.25
Hospital Service of
Southern California
7.95
State Employees'
Retirement System
147.94
State Employees'
Retirement System
138.17
Southern California
Edison Company
3,055.98
Howard Supply Co.
159.04
Luippold Engineering
Sales Co.
62.35
Pacific States Cast
Iron Pipe Co.
930.71
El Segundo Press
51.95
Mutual Liquid Gas &
Equipment Co.
7.88
TOTAL
$7,195.09
Water Works Bond Election,
1948 Construction Fund
Pacific States Cast
Iron Pipe Company $ 927.00
TOTAL $ 927.00
COUNTY AID FUND
County Road Department,
County of Los Angeles 1
TOTAL 9.31
Traffic S tv Fund
J. E. Bauer Co. f 114-71
TOTAL 114.71
Pension Fund
State 4mployees'
Retirement System $ 10.77
TOTAL 6 910.77
v
Moved by Councilman Gordon, seconded by Councilman Swanson, 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, Swanson and Mayor pro tem Peterson;
Noes: Councilmen None;
Absent: Councilman Baker and Mayor Selby.
-13 --
.557
V 558
NEW BUSINESS
Councilman Gordon introduced Ordinance No. 428, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALI-
FORNIA, 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 OF SAID CITY; PAY ITS
BONDED INDEBTEDNESS; MEET ITS OBLIGATIONS
UNDER THE CALIFORNIA STATE EMPLOYEES' RETIRE-
MENT ACT; MAINTAIN THE FREE PUBLIC LIBRARY OF
SAID CITY; AND MEET AND PAY THE COSTS OF
SEWERAGE FACILITIES OF SAID CITY; FOR THE
CURRENT FISCAL YEAR 1953 - 1954.,
which was read.
No further business appearing to be transacted at this meeting, it
was moved by Councilman Gordon, seconded by Councilman Swanson, the meet-
ing adjourn. Carried. a
Approved:
r
Mayor pro tem
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Respectfully submitted,
Neva M. Elsey, City Clerk