Loading...
CC RESOLUTION 1348667 RESOLUTION NO. 1348. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REVOKING THE PERMIT OF MILTON C. WADE TO CONDUCT, MAINTAIN AND OPERATE A DOG KENNEL AT 1310 EAST GRAND AVE- NUE WITHIN SAID CITY; SETTING FORTH THE FIND- INGS OF SAID CITY COUNCIL WITH REFERENCE TO SAID MATTER; AND ORDERING THAT SUCH REVOCA- TION SHALL BE EFFECTIVE AT MIDNIGHT ON THE 15TH DAY OF NOVEMBER, 1953. WHEREAS, pursuant to proceedings duly and regularly had, the City Council of the City of E1 Segundo, California, did at the regular meeting of said City Council held on the 16th day of June, 1948, duly and regularly adopt the following resolution, to wit: "RESOLVED, that upon and subject to each and all of the terms and conditions hereinafter set forth, permission is hereby granted to Milton C. Wade, to conduct a dog ken- nel on the premises located at No. 1310 East Grand Avenue, presently owned by him. Said terms and conditions upon and pursuant to which this permit is granted are the following, to -wit: "First: That the said kennel must at all times be kept and maintained in a clean, presentable and sanitary condition and so as not to constitute a nui- sance in any sense. "Second: That the entire portion of the premises devoted to kennel use must be enclosed with a suit- able, adequate and permanent fence, sufficient to re- strain within such property all animals confined therein; the portion of the fence surrounding said property shall be not less than six feet in height and shall be so constructed as to effectively screen the animals and activities within said kennel from public view. "Third: That said permittee shall at all times, when there are any dogs maintained within said ken- nel, have in attendance at said premises a person of proper age, capable of handling, and if necessary, of subduing the dogs which may be at such time in said kennel. - 1 - �f F.a , Ir 2. Uk° "Fourth: That not more than two hundred dogs, over the age of six months, shall be kept upon said premises at any time under this permit. "Fifth: That the said permittee shall promptly pay, as same becomes due and payable, any and all license fees, which may be applicable to the busi- ness of conducting a dog kennel within the City of E1 Segundo, and any and all license fees which may be applicable to a kennel permit, as presently pre- scribed by ordinances of the City of El Segundo, or as may be prescribed by such ordinances in the future. "Sixth: That this permit may be revoked by the City Council at any time, in the event any of the con- ditions herein set forth are broken or violated, pro- vided that no such revocation shall be made unless and until the Council shall have held a public hearing upon the question of such revocation, written notice of which hearing shall have been served upon such per - mittee, at least ten days prior to such hearing. Such notice may be served either personally or by register- ed mail, addressed to said permittee at the address in said City above set forth. "Seventh: That this permit must be accepted by the permittee upon the terms and conditions herein ex- pressed and evidence of such acceptance must be filed in the office of the City Clerk by applicant endorsing upon a copy of this resolution, over his signature, the following: +I have read the foregoing resolution. I am familiar with the terms and conditions upon which the permit therein referred to is granted and in consideration of said permit, I hereby accept the same upon said terms and conditions and agree to be bound thereby. Permittee Date it and WHEREAS, under and pursuant to the authority and permis- sion so to do as set forth and granted in said above quoted reso- lution, said Milton C. Wade did thereupon establish, conduct, main- tain and operate in said premises at 1310 East Grand Avenue, within said City, the dog kennel therein referred to, and has continued to conduct, operate and maintain the same at said address ever since said time; and WHEREAS, at the regular meeting of said City Council held on the 16th day of May, 1953, the said City Council duly and regu- larly adopted the following resolution, to wit: - 2 - <;6d "RESOLVED, that the City Council of the City of E1 Segundo, California, does hereby order Milton C. Wade, hold- er of a dog kennel permit in the City of E1 Segundo, to show cause before said Council, at its regular meeting to be held on the 20th day of May, 1953, at the hour of 7 :00 o'clock P.M. (California Daylight Saving Time) on said date, in the Council Chamber in the City Hall of said City, in said City, why his permit for the operation of a dog ken- nel in the City of E1 Segundo should not be revoked: 11(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, pre- sentable and sanitary condition and so as not to constitute in any sense a nuisance. 11(2) Because sick and diseased and other dogs are being kept in kennels without sufficient at- tendants to properly and adequately perform the work of feeding, serving, nursing, treat- ing, cleaning, ministering to and caring for the needs of such sick and diseased and other animals requiring attention in said kennel. "(3) Because certain of said animals show evidences of malnutrition. "() The failure of said permittee to properly and adequately control the breeding of flies and the accumulation of manure in and at said ken- nel premises. "BE IT FURTHER RESOLVED, that the City Clerk shall serve, or cause to be served, a certified copy of this resolution on said permittee at least ten days prior to the said 20th day of May, 1953, and that such certified copy, so served, shall be and shall constitute the notice of the action here- in taken and of the hearing upon said order to show cause. "; and WHEREAS, at the time and place appointed for the public hearing referred to in said resolution, last hereinabove quoted (on the 20th day of May, 1953), Mr. George Lawrence, an attorney at law representing said Milton C. Wade, informed the City Council that a certified copy of said resolution, last hereinabove quoted, had not been served upon the permittee at least ten (10) days prior to the 20th day of May, 1953, (the date of said public hearing) and therefore requested that the hearing be continued a sufficient time so as to allow Mr. Wade to have a proper hearing and suggested ap- proximately one month as the minimum time to enable Mr. Wade and his counsel, Mr. Lawrence, to adequately prepare for such hearing; and - 3 - ®4�'U WHEREAS, thereupon and after much discussion at said Coun- cil meeting of May 20, 1953, said City Council did grant the re- quest of said George Lawrence, and, pursuant to stipulation made by him, did duly and regularly continue said public hearing until the hour of 8:00 o'clock p.m. on the 17th day of June, 1953; and WHEREAS, said attorney George Lawrence did,on behalf of his said client and himself in open public meeting of said City Council, waive any further notice of said continued hearing to be held on said 17th day of June, 1953, beginning at the hour of $:00 otclock p.m. of said day in the Council Chamber, in the City Hall of said City; and WHEREAS, on said 17th day of June, 1953, said City Coun- cil, pursuant to said order of continuance, did duly and regularly convene in the Council Chamber of said City, being its regular place of meeting,and did beginning at the hour of 8 :00 otclock p.m. ofsaid date duly and regularly conduct said public hearing, said Milton C. Wade being personally present and also represented by his counsel attorney George Lawrence; and WHEREAS, at said public hearing said permittee and his said counsel and all other persons present who desired to give testimony or submit evidence with reference to said matter were afforded full and fair privilege and opportunity so to do; and WHEREAS, the said hearing and all of the oral testi- monies, statements and remarks made and presented at said public hearing were fully and accurately recorded by means of a tape re- corder and thereafter fully, truly, completely and accurately transcribed; and WHEREAS, said transcript of said public hearing was duly certified to said City Council by the City Clerk of said City and delivered to the individual members thereof under date of July 1, 1953, and which said complete transcript, as on file - 4 - in the office of the City Clerk of said City, was duly and regular- ly by reference incorporated in and made a part of the official minutes of the said meeting of said City Council of June 17, 1953; and WHEREAS, all of the documentary evidence presented at said public hearing was duly and regularly received and is now a part of the records of said public hearing on file in the office of the City Clerk of said City; and WHEREAS, said City Council did at the close of said public hearing (which was conducted between said hour of 8 :00 p.m. on said 17th day of June, 1953, until approximately the hour of 12 :25 a.m. on the 18th day of June, 1953) duly and regularly take the said matter under advisement until its regular meeting to be held July 1, 1953; and WHEREAS, said City Council did at its said regular meet- ing of July 1, 1953, take said matter under further consideration until the next regular meeting of said City Council to be held July 8, 1953; and WHEREAS, at its said meeting of July 8, 1953, said City Council did take said matter under further consideration until its next regular meeting to be held July 15, 1953; and WHEREAS, at its said meeting of July 15, 1953, said City Council did duly and regularly by unanimous vote of all of the members of said City Council adopt the following resolution, to wit: and "RESOLVED, it is the decision of the City Council of the City of El Segundo, in the matter of the order to show cause issued to Milton C. Wade why his permit to oper- ate a dog kennel at 1310 East Grand Avenue, in the City of El Segundo, and upon which said matter a public hearing was held before the City Council on the 17th day of June, 1953, that the permit of said Milton C. Wade to conduct and maintain a dog kennel at said address be revoked, ef- fective as of midnight on the 15th day of November, 1953, and the City Attorney is hereby instructed to prepare and present to this Council for its review, consideration and action a form of resolution setting forth the findings of the City Council in such matter and ordering such revocation. "; - 5 - WHEREAS, pursuant to the instructions given to the City Attorney, said City Attorney presented to said City Council for its consideration and study this Resolution No. 1348 at the regular meeting of said Council held on the 5th day of August, 1953; and WHEREAS, at its said meeting of August 5, 1953, said City Council did take the said form of resolution so submitted under consideration and study, and after such consideration and study is satisfied that this resolution truly and correctly sets forth the findings, determinations and decisions of said City Council in said matter; now, therefore, - THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS; SECTION 1. Said Council does hereby find that the facts recited in the preamble of this resolution are true. SECTION 2. Said City Council does hereby refer to the official minutes of each and all of the various meetings of the City Council of the City of E1 Segundo, California, hereinabove referred to in the preamble of this resolution, each and all of which official minutes are on file in the office of the City Clerk of said City of El Segundo, in the City Hall of said City, and are open to public inspection and as so on file does hereby incorporate the said official minutes of each and all of said meetings in this resolution as fully and for all intents and pur- poses as though the same were herein set forth at length. SECTION 3. Said City Council does hereby expressly refer to the certified copy of the "COMPLETE TRANSCRIPT OF TESTI- MONY GIVEN AND PROCEEDINGS HAD BEFORE THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AT ITS REGULAR MEETING ON JUNE 17, 1953, IN THE MATTER OF THE ORDER TO SHOW CAUSE TO MILTON C. WADE WHY THE PERMIT FOR THE OPERATION OF A DOG KENNEL AT 1310 EAST GRAND AVENUE IN THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHOR- IZED BY SAID CITY COUNCIL ON THE 16TH DAY OF JUNE, 1945, SHOULD - 6 - NOT BE REVOKED. ", as certified by said City Clerk under date of the 1st day of July, 1953, which is now on file in the office of said City Clerk in said City Hall of said City, and is open to public inspection and does hereby by this reference expressly in- corporate the said complete transcript in this resolution as fully and for all intents and purposes as though the same were herein set forth at length. SECTION 4. Said City Council does hereby refer to each and all of the exhibits and items of documentary evidence which were offered and received at said public hearing, which commenced as aforesaid on said 17th day of June, 1953, beginning at said hour of 8:00 p.m, of said day, and all of which are on file in the office of the City Clerk of said City in the records of the pro- ceedings of said City relating to said matter and does by this reference expressly incorporate the same in this resolution as fully and for all intents and purposes as though the same were herein set forth completely at length. SECTION 5. Said City Council does hereby further find and determine from the evidence (both oral and documentary) sub- mitted and received in said matter that the said permittee Milton C. Wade did fail and has failed on his part to keep and maintain said kennel located at 1310 East Grard 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; and said City Coun- cil further finds that he has kept and maintained the same in an unclean, unpresentable and insanitary condition and in such manner as to constitute the same a nuisance. SECTION 6. Said City Council does hereby further find that said permittee Milton C. Wade has kept in said kennel sick and diseased and other dogs without sufficient attendants to prop- erly and adequately perform the work of feeding, serving, nursing, - 7 - treating, cleaning, ministering to and caring for the needs of such sick and diseased and other animals requiring attention in said kennel. SECTION 7. Said that some of the dogs kept in said kennel were so kep SECTION g. Said that said permittee Milton trol the breeding of flies at said kennel premises. City Council does hereby further find and maintained by said Milton C. Wade t in a state of malnutrition. City Council does hereby further ffnd C. Wade has failed to adequately con - and the accumulation of manure in and SECTION 9. Said City Council does hereby further find that while the said permittee did not sign the acceptance of the permit as required under the Council's resolution of June 16, 1948, requiring the same that, nevertheless, (per stipulation, see trans- cript, page 106) said acceptance is assumed as made as of the date upon which it should have been made and returned to the City. SECTION 10. That as a result of the facts and circum- stances revealed by the evidence, both oral and documentary, pre- sented and received at said public hearing, and in view of the findings and determinations hereinabove made by said City Council in said matter, said City Council does hereby revoke the permit of said Milton C. Wade to conduct, maintain and operate a dog ken- nel on the premises located at No. 1310 East Grand Avenue, in the City of E1 Segundo, County of Los Angeles, State of California, for effective at the time designated /such revocation in the next suc- ceeding section of this resolution. SECTION 11. Said City Council believes that said per- mittee Milton C. Wade has a substantial investment in the said kennel premises and activity and for that reason he should be af- forded a reasonable period within which to terminate and end the said kennel business and within which to remove or otherwise �� dispose of the animals therein contained. Said City Council be- lieves that the period between the date of the adoption of this resolution and the 15th day of November, 1953, at midnight, is a reasonable period within which to accomplish such purposes and acts. The revocation of the said permit of said Milton C. Wade to con- duct, operate and maintain a dog kennel on the premises located at No. 1310 East Grand Avenue within said City shall therefore be effective at midnight on said 15th day of November, 1953, and such shall thereafter revocation /be and remain in full force and effect. SECTION 12. That said permittee Milton C. Wade shall be and he is hereby enjoined and restrained from conducting, operating and maintaining a dog kennel on the said premises at No. 1310 East Grand Avenue within said City after said effective date of said revocation. SECTION 13. That this resolution shall take effect im- mediately, but the order of revocation therein set forth shall not become effective until midnight on said 15th day of November, 1953, as hereinabove set forth. SECTION 14. That the City Clerk shall certify to the passage and adoption of this resolution; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the official minutes of said City Council of the meeting at which the same is passed and adopt- ed; shall forward a certified copy thereof to said Milton C. Wade and a like certified copy thereof to his said attorney, George Lawrence, as notice of the decision of the said City Council in said matter and of the revocation of permit as hereinabove set forth. Passed, approved and adopted this Ak rIL day of August, 1953. ATTEST: 1'_" City Clerk (SEAL) - 9 - Mayor of the City o E1 Segundo, pro tem California. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1348 , was passed and adopted pro tem by the said City Council, approved and signed by the Mayor/ of said City, and attested by the City Clerk of said City, all at a regu- lar meeting of the said Council held on the 26th day of August, 1953, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon. Swanson and Ma.Qr pro tem Peterson: NOES: Councilmen None: ABSENT: Councilmen Manor Selby. WITNESS my hand and the official seal of said City this 27th day of August, 1953. ity Clerk of the Cit of E1 Segundo, Californi . (SEAL)