1954 AUG 18 CC MIN - 5210
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1 MR . TAYLOR; a ;;��x � �� �° '��"� ��{ �� �� "' � k
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2 Mr. Linton, who is
Our Chief Industrial Engineer at the
3 Los Angeles facility, who will answer that question for
4 YOU., as he knows more about that than I,do.
5 MR. H. W. LINTON*- I reside at 4440 Campbell Drive
6 Pacific Palisades,
7 In answer to Your question, we do not
currently contemplate a basement in this building. However,
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if it Is more economical to do so in the final decision
stages, we might put Our mechanical units in a basement.
That would only be from an economic standpoint. As. we
stand now, we believe it not to be economical to Put a
basement in the building.
Does I that answer Your question?
MR. BAILEY: It certainly does.
NOw,'my next question I think will be
directed to someone representing the City Engineering
Department. In the building code it simply states that a
basement constitutes one story. Now, as to a basement.,
MY impression of it is, is that it is any unit below ground
level. They have now asked for a four-storry building.
And the Code simply states they can have a four-'story
building or a building 45 feet in height, whichever is the
lesser in height.
NOW, if they ask for four Stories above the
ground., they are going to exceed 45 feet. It is
4r
1 theoretically imPOSSi--- -0 h&vs
2 put the area below ground. Nevertheless, if they have an
3 area below ground., they can only have three stories above.
4 My next question is this: Under Section
5 1800, Article 18 of the Building Code it states:
6 "This ordinance may be amended the
7 boundaries and classifications may be
8 amended -- whenever the public necessity,
9 convenience and general welfare requires
10 it.
11 Does that include the welfare of the organization that is
12 occupying this particular territory that is in quest1nn?
13 In other words, what I am driving at, at
14 the present moment is this: If Acacia Avenue is dead-
15 ended. at the present moment -- and Mr. Taylor has assured
us to the best of his ability as being a..,representative
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of the company that they have no intention of opening
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Acacia Avenue for an avenue at any time -- however, the
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19 way their property is laid out is perfect. There is a
20 perfect driveway right there. And according to this
Article 18, under Section 1800, is it within the power of
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the City Council to amend the Ordinance to such a point
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where they can put something in the agreement of the re-
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zoning, providing they can get the rezoning in any classi-
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25 fication, so they can not open Acacia Avenue at any future
26 time. Mr. Woodworth, I believe possibly you have to
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/1VID ETTLESON, C.e.R..�OFFICIAL
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answer that .
MR. WOODWORTH: Well, I have expressed the
opinion -- and it is only the opinion of one lawyer -- that
in a proceeding for change of zone, you either change it
from this zone to that zone under the regulations as
prescribed, by the Ordinance for this zone and that zone,
without any further conditions, or you deny it; one or the
other.
Now, let me distinguish. If you apply
for an exception or a conditional variance, -- not for a
zone change -- then the City Council may append. any
conditions which they may desire in the granting or the
withholding of the permit, the conditional variance or the
conditional exception which is distinguished from a zone
change proceeding.
Here we have a clearcut request for a change
from one zone to another. The Ordinance as it presently
stands and as it will stand until such time as it is
legally amended by hearing before the Commission and the
Council, states that for R-1, these regulations shall
apply; for R -2, these; for R -3, these; for C -1, these; and
for C -2, those. Until the Ordinance is changed, those
are the regulations which apply to the particular
respective properties that repose in those restrive zones.
No other or additional conditions may be applied, so far
as change of zone is concerned. It is either zone R -1, or
24 A.., vvaaca- 1RVa'%bD, 0UPPV ring LIIaL Lnat street at a future datt
is a problem of general welfare?
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one `R -2, °arid �so forth, in piniont'�
MR. BAILEY: Well, that is not the way it reads,
Mr. Woodworth.
MR. WOODWORTH: I wouldn't care to enter into
any legal argument with you,'-sir. I have expressed my
opinion.
MR. BAILEY: I am simply asking for advice because
I think this is a problem that confronts all of us, and
there is some question in our minds of what is right and
what is wrong. We don't know all the answers; we don't
pretend to. We are asking for those answers tonight before
we go any further with our opposition.
However, if we can get answers to these
questions whereby there can be amendments made to an
ordinance or a Code that would protect us to the extent
that we would get the things that we were asking for and
we would withdraw our opposition, we could work this
problem out mutually. At the present time we are not at
that stage of the game.
This simply states: "The boundaries and
classifications may be amended whenever the
public necessity, convenience or the general
welfare requires it."
In other words, supposing that that street at a future date
is a problem of general welfare? I
MR. WOODWORTH: May I explain that in this wayu
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ti
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hti '�(1► ,fi�;y s'Rip��,".t r i . t 10
tiat ,is ,now pending before this Council
every thing you are talking about. They have made
an :-application for an amendment of this ordinance, changing
their property from the zones in which it now reposes
onto Zone 2. That is what they are trying to do right now,
is to get the Ordinance amended to that extent, so far as
their property is concerned.
So that after the amendment is adopted,
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their property will be in C-2. That is exactly what they
are seeking to do in this proceeding.
MR. BAILEY: I hoped you wouldn't push me to make
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this next statement, but you already have. Mr. Taylor, `
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as I said before, has assured us to the best of his ability
of what North American's intentions are. However, it is
a matter of public record that North American at one time
sent the City Council a resolution stating that they would
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do certain things. j
Now, there was one little clincher in there
that I don't think many people here remember. It said,;;
"Whatever the necessity was." Nevertheless, they have not
complied. with the resolution which is a matter,of public
record, and that is the very thing that most of these d
people are afraid of.
I will say this much: Mr. Taylor may be
as good
as his
word, but someone asked him
if he
could
control
"Dutch"
Kinberger's parking, and he
said
simply,
a
DAVID ETTLESON, Cart., OMCIAL R[t•ORT[R„ ;' J ,, •' �:'.
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1 "No." There are many other factors that he cannot control.
2 What these people are particularly
3 interested in is: What can we do about it now? And in the
4 event that the City'Council feels that it would be well to
5 let them in there, they have a very nice plan, it sounds
6 fine, but there are certain things that have gone on in
7 these proceedings that people don't trust. The bed was
a�
8 made; now the people are lying in it. But nevertheless
9 that is the thing that we are driving at: Is there any -
10 thing in the litigation, is there anything within the
11 power of the City Council or any other legislative body to
12 make these things binding by law?
13 Now, you can't enforce a resolution; I don't
14 care who signed it. But if there is an Ordinance which
15 states that that can be enforced, then there is something
16 that is binding. And I think that much of the opinion
17 represented here is'contingent on which way this is going
18 to go. How much power has E1 Segundo as a unit got over
19 these conditions that might arise in the future?
20 Now, we know that we can't lick this noise
21 problem at the airport simply by making them conform to
22 the City Code of Los Angeles and say, "You can not exceed
23 certain regulations." We know they can't do that because
24 they are sitting inside the City limits of Los Angeles,
25 and we tried to work this problem out as a mutual problem
26 and it didn't work that way. Now they are stymied. Now
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tc TtICF6&1 ,. .1 - this out 1n �v". 3c
zo I point
In MR . W0pDWORTH: Could p
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9 If I IMAM
1 we have the light. Because now they are coming into k
2 the jurisdiction of E1 Segund.o.
3 We as taxpayers, you as City servants
4 representing the taxpayers and any other unit tax paying
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body in E1 Segundo has the right to make amendments, to
s make changes, and to protect any other taxpayer in the
7 City limits, providing it is for the welfare of the majori
8 and not for the minority, whether it represents industry
9 or the residential district.
to It takes me backto this 19+7 deal. That
11 was in the past. What we are talking about is today and
12 what is going to go on in the future. That is what we
13 are asking: Can you make this thing binding in any manner
14 whereby these promises can be enforced, in the event they
15 are violated?
16 I think if you could assure, or anybody else
17 could assure these people of those very things, then I don't
18 think that this would. be going on and making me talk as
19 long as I have. I was hoping that you wouldn't force me
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into saying these things, because it has been a long -
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drawn -out affair, and I am kind, of tired of it myself, but
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nevertheless that is a fact and that is the issue at hand.
23 Thank you very much. (Applause)
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MR. WOODWORTH: Could. I point this out in connec-
25 tion with the gentleman's request for information respecting
26 the Ordinance? Section 1800 and. 1801 which was referred to
24 1YVR, or course it has to be in C-2 before
25 they can apply to change it from C-1,1 to C -1 under a new
26 proceeding. They have that letter in the record, I believe
V.
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DAVID ETTLESON. c.s.R.. Omd &L Rsro wt:
1 say s
2 MR. BAILEY: You mean Section 1800!
3 MR. WOODWORTH: Well, 1800 and 1801 dovetail in
together.
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5 MR. BAILEY: I beg your pardon.
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MR. WOODWORTH: With regards to amendment to
7 this Ordinance -- and that is what they are seeking here
8 tonight, an amendment to change their property from their
9 zones over to the zone C -2 --
to
"Amendments may be initiated:
11 (a) by the verified application of
12 one or more owners of property proposed to
13 be changed or reclassified,
14 (b) resolution of intention of the
City Council,
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16 (c) resolution of intention of the
Planning Commission."
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18 You asked what the legal procedure might be in the event
19 a promise was not kept. There is in the record here
20 tonight, I believe, a letter from North American already
21 introduced, stating that as soon as they could lawfully
22 make application for a change from C -2, if it is rezoned,
back to C-1, they would do so.
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24 Now, of course it has to be in C-2 before
25 they can apply to change it from C -2 to C -1 under a new
26 proceeding. They have that letter in the record, I believe
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1 tonight, they introduced it. If the City Council should
2 decide and I have no way to determine what their decision
3 may b8 -- if they should decide -- and this is in answer
4 to your question - -.to accept the statement of North American'
5 put in the record under its signature here tonight and on
6 the strength of that should rezone the property C -21 it
7 would occur to me that if the Council were disappointed. in
8 any conduct on the part of North American, or if the
9 Planning Commission were dissatisfied with any conduct on
to the part of North American, which might be at variance with
11 their signed written statement, the Council could in its
12 sound discretion adopt a resolution of intention on its
13 part to rezone it from C -2 to C -1, under this Ordinance.
;14 The Planning Commission on its part could
15 also by resolution of intention institute a new proceeding
16 to zone this property from C -2 to C-1 in the event North
17 American did not keep the statement which they made here.
I believe that shows a way in which the
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19 matter could be approached.
20 Now, those hearings would, have to be held. on
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either the application of the owner on the resolution of
intention of the Council or on the resolution of intention
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23 of the Planning Commission. They would have to be held
and conducted by the Commission and. the Council in another
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25 set of proceedings, exactly the same as we are going
26 through here tonight.
area binding to the point where they could, not open it at
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any future date? That is the part that I would like to know
3 ing Ordinance, short of amendment.
Me F.
MR. BAILEY: Well, 1 am kind of like you. I have
5 had to go into quite'*a-'little-.legal matters.
6 MR. WOODWORTH: I have tried to answer your
7 question and. point out'a way that if the Council believed
8 that their action in granting a C-2 -- if that should be
9 their action, I don't know that it will be -- was based
10 somewhat upon the representation of North American; that
11 they would immediately apply for a change back to C-1;
12 that if the City Council or the Planning Commission were
13 disappointed at the failure of North American to do just
14 exactly that, they do have the right under the Ordinance
15 this Ordinance, to institute by Resolution of Intention
16 their own proceeding with reference to the matter.
17 Now, did I make myself clear?
18 MR. BAILEY: Yes. There is one other point I might
19 ask. Just take thii point of Acacia Avenue being dead-
ended.
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21 Mr. Taylor says they have no intention to
22 use it. I have no reason to believe that he is not telling
23 me the truth. Is there anything in the power of the City
24 Council, such as a cul de sac of that street to make that
25 area binding to the point where they could. not open it at
26 any future date? That is the part that I would like to know]
. Fr rl
4.
1 ' also.
2 MR. WOODWORTH: Well, the Ctty Council, in my
3 opinion, has the power .to reasonably control and make
4 reasonable regulations applying to the various streets of .
5 the City, whether it is there or any other street.
6 Now, you have seen many times where the
7 counsel has abandoned streets or portions of streets; you
8 have seen where they have abandoned. strips on sides of
9 streets and it would be entirely possible in my opinion
10 for the Council, with the assistance of a traffic expert,
11 to adopt such regulations that would be of some assistance
12 in solving practically any traffic problem that could. be
13 presented, so long as it was fair and reasonable -- a fair
14 and reasonable approach to the problem presented. I do
15 not believe the counsel could be arbitrary or capricious
16 in the matter at all. They would have to act in the manner
17 which they thought was most compatible with the public
18 interest in the matter.
19 And even to the extent of directing traffic
20 one way on one street, they have that power also. They
21 could make a one-way street if they cared. to. That is
22 merely for illustration, not that I am representing that
23 they would do it. I don't know; that is up to the Council.
24 But the Council does have the very wide latitude in the
25 fair and reasonable approach to a regulation which would
26 solve to the best advantage any traffic problem that is