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1963 APR 22 CC MINX 1515 E1 Segundo, California April 22, 1963 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. Prior to calling the meeting to order, those present joined in pledging allegiance to the Flag of the United States' of America, followed by an invocation by Reverend Brock, of Community Methodist Church. The meeting was then called to order by Wilburn E. Baker, Mayor, the hour being 7:00 o'clock p.m. ROLL CALL Councilmen Present: Frederick, Swanson, Tandy and Mayor Baker; Councilman Absent: Kimport. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular meeting of the City Council of the City of E1 Segundo, California, held April 8, 1963, having been read and no error or omission having been noted, it was moved by Councilman Tandy, seconded by Councilman Swanson, the minutes of said meeting be approved as recorded. Motion carried. SPECIAL ORDERS OF BUSINESS 1. The Mayor announced that this was the time and place here- tofore fixed for the reception of bids for the Construction of a Pressure Reducing Station in the City of E1 Segundo, in accordance with City speci- fications No. 62 -4, and inquired of the Clerk if she had any bids therefor, to which the Clerk replied she had twelve bids in her possession. It was then moved by Councilman Frederick, seconded by Councilman Tandy, and unanimously carried, that said bids be opened, examined and publicly declared, which bids are as follows: Triad Piping & Construction Co. - - - $ 5419'380.00 Fontana Steel - - - - - - - - - - - - 61, 650. 00 Pylon, Inc. - - - - - - - - - - - - - 62, 400. 00 Wonderly Construction Company- - - - - 67, 380.00 West and Wiggs, Inc. - - - - - - - - - - 67, 890. 00 E. C. Losch Co.,, Inc. - - - - - - - - 69, 492.00 Bovee & Crail Construction Co. - - - - - 70, 600.00 John L. Meek Construction Co., Inc. - - - 72, 822.00 Manco Construction Company- - - - - - - 75,1586.00 Hood Corporation - - - - - - - - - - - 78,961.00 Edward R. Siple Company - - - - - - - - 80, 640. 00 James S. White - - - - - - - - - - - - - 94, 000.00 Moved by Councilman Frederick, seconded by Councilman Tandy that said bids be referred to the Director of Public Works for checking and report at the next regular Council meeting to be held May 13, 1963. Motion carried. 2. The Mayor announced that this was the time and place here- tofore fixed for the reception of bids for construction of Addition and Alteration to E1 Segundo Public Library, 608 Richmond Street, in accordance with plans and specifications prepared by Marion J. Varner, Architect, and inquired of the Clerk if she had any bids. therefor, to which the Clerk replied she had twelve bids in her possession. It was then moved by Councilman Tandy, seconded by .Councilman Frederick, and unanimously carried, that said bids be opened, examined and publicly declared, which bids are as follows: -1- X 1516 Don R. Hill Co- - - - - - - - - - - - $ 162, 475.00 William W. Dickson - - - - - - - - - 174, 500.00 Parr Contracting Company - - - - - - 178, 992.00 Robert L. Reeves - - - - - - - - - - - 179, 600.00 Capital Construction Company - - - - - 184, 118.00 Volz Construction Co., Inc -- - - - - - 186, 988.00 Richards Contractors, Inc- - - - - - - 192, 500.00 G. H. Peters Construction Company - - 193, 980.00 Cook - Thompson Construction Co. - - - - 195, 000.00 Costate Builders - - - - - - - - - - 196, 900.00 Pinner Construction Co., Inc. - - - - - 206,267.00' Ray Wilson Co- - - - - - - - - - - - - 208, 000.00 Moved by Councilman Tandy, seconded by Councilman Swanson, said bids be referred to the City Manager and Marion J. Varner, Architect, for checking and report to the City Council at its regular meeting to be held May 27, 1963. Motion carried. 3, The Mayor announced that the hour of 7 :00 o'clock p. m. having arrived, this was • the time and place fixed by the City Council of the City of El Segundo, California, for hearings on the matter of the construction of certain improvements in Imperial Avenue and other streets and rights of way in Improvement., District No. 69 in said City, under the provisions of Divisions 4 and 7 of the Streets and Highways Code of the State of California. The Clerk reported that Notice of the hearing under Division 4 was given by mail as provided for in said Division and that said Notices were mailed more than thirty (30) days prior to the date fixed for hear- ing, and also reported that the Resolution of Intention was duly published and Notice of hearing thereon and of its adoption were duly given as provided in Division 7 of the Streets and Highways Code, and that affidavits showing such compliance are on file in her office. The Mayor announced that prior to the consideration of protests it would be necessary that the Report under Division 4 of the said Code be read to the Council. Whereupon, the Report, except as to the map, plat or diagram, and the assessed valuations and true valuations of, and assessments and estimated assessments upon each parcel of land, was read to- the Council. The Mayor then inquired of the Clerk if any written protests or objections had been filed. The Clerk reported 'that certain written protests or objections had been filed with her prior to, the time set for hearing. Director of Public Works Webb added that some of the letters received did not actually protest the Assessment but were requests for modification, and that there seemed to be some uncertainty and mis- understanding on the part of the citizens. Mayor Baker asked those attending thQ Assessment Hearing if it would be helpful to them for the City Hall to remain open three nights this week to allow more time for inquiries to be answered, and , it was noted that it would be helpful. The Mayor then stated that the City Hall would remain open from 7 to 9 p, m. on Wednesday, Thursday and Friday, April 24, 25 and 26 for this purpose. It was then moved by Councilman Frederick, seconded by Councilman Swanson, the following resolution be adopted: RESOLVED, that the hearings on Assessment District No. 69 pursuant to provisions in Division 4 and Division 7 .of the Streets and Highways Code, be continued until Monday, May 6, 1963, at the hour of 7: 00 o'clock p.m. in the Council .Chamber of the City Hall of the City of E1 Segundo, California, 350 Main Street. Carried by the following vote: Ayes: Councilmen Frederick, Noes: Councilmen None; Absent: Councilman Kimport. -2- Swanson, Tandy and Mayor Baker; X Mayor Baker declared a two minute recess, the hour being l: 42 p.m. . At the hour of 7:45 p.m. the Council reconvened, the following members answering roll call: Councilmen Frederick, Swanson, Tandy and Mayor Baker. WRITTEN COMMUNICATIONS The following written communications received from persons, firms or corporations hereinafter named, were read to the Council and were disposed of in the manner indicated: 1. PUBLIC UTILITIES COMMISSION OF THE STATE OF CALI- FORNIA, being Order Dismissing Petition of Villa Vista Del Mar, Inc., for Rehearing in the matter of the Application of Southern California Edison Company for a certificate that present and future public conven- ience and necessity require construction of Generating Unit No. 4 at its El Segundo Steam Station. Ordered filed. 2. LOS ANGELES COUNTY BOUNDARY COMMISSION, being notice that the City of Inglewood has filed petition with said Commission for annexation of "Ohm" Territory; also notice that the City of Hawthorne has filed petition with said Commission for annexation of "Cotter" Annexation to said City. Ordered filed. 3. MRS. CHARLES R. POLLARD, Secretary, requesting that The Committee for the E1 Segundo Garden Festival be permitted to sell plants, candies or other such materials to help defray expenses of the festival to be held at Recreation Center July 13 and 14. Moved by Councilman Frederick, seconded by Councilman Tandy that the Committee for the E1 Segundo Garden Festival be permitted to sell plants, candies or other such materials to help defray expenses of the festival to be held at Recreation Center on July 13 and 14. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Counci lmen None. + 4. CITY OF SAN GABRIEL, transmitting copy of its Resolution No. 63 -18 urging Congress to pass and adopt House Joint Resolution 153 respecting the observance of N ational Flag Week . Ordered filed. 151'7 5. EL SEGUNDO CITIZENS AND PROPERTY OWNERS ASSOCIATION regarding the Stardust issue. The City Attorney was requested to read an answer prepared by him, which is as follows: E1 Segundo Citizens and "April 19, 1963 Property Owners Association 1 103 East <Ar auia Avenue El Segundo, California Gentlemen: Your letter of April 7, 1963, addressed to the City Council and pertaining to the Stardust, 716 Indiana Court, E1 Segundo, has been carefully reviewed. Your interest in the welvare of your community and the functions of your city government are most appreciated. Equally sincere is this effort being made to comprehensively reply .thereto. .Basically the entire transaction is controlled by Ordinance No. 507, the Zoning Ordinance of the City of E1 Segundo, and the provisions of the Government Code relating. to zoning. A Conditional Use Permit is the subject of the .Planning Commission's action as an administrative body in that respect. The City Council -3- X 1518 under our ordinance, reviews the action of the Planning Commission upon appeal within the limited period of time by persons of interest following the action of the Planning Commission upon the petition by the property owner. The action now sought by your Association is more than 3-1/2 years after the final determination taken by the Planning Commission of our city. It is extremely difficult to recapture the thoughts of persons after such period of time has passed, and for that reason the position of the city primarily must be predicated upon the records and files as they now exist. The application for a Conditional Use Permit filed by, and on behalf of, Kay D. Kay Corporation was to operate "hotel rooms" at 716 Indiana Court. At the time the appli- cation was filed, there was in possession of the city, complete plans and an• application for building permit pertain- ing to subject premises, that had been filed with the city on August 1, 1958. The record discloses that after the application for permit was filed, the City Planning Commission adopted its Resolution No. 382, which recites. that the applicant sought a permit to locate an apartment hotel at subject address; and that the City Planning Commission approved such application subject to, among other conditions, sufficient offstreet parking being maintained for maximum occupancy. The maximum occupancy of the building is forty -two. Whether the number forty two is defined as apartments or hotel rooms in terms of potential use, or whether it is termed mixed occupancy, is not compelling in • arriving -tLt a conclusion. At the time that this matter was heard by the Planning Commission and a determination made, the parking accommodations numerically were the same for either classification: Then, too, the provisions of the ord- - :L inance £urthi:r provided that in the case of mixed uses the total requirements for off - street parking facilities should be the sum of the requirements for the various uses specifically computed. It is the considered opinion of your Council, based upon its - review of the files of these proceedings and the interpretation of its legal advisors, that the right of applicant Kay D. Kay Corporation to operate an apartment hotel became established a number of years ago, and that the right of one to successfully attack the operations at that address is a right most properly to protest any violation of law. In the • event you can establish or invite the city's attention to infractions of the laws or the permit under which it now operates, your city will actively and firmly bring such violations to an abrupt termination. Again you are thanked for your interest and efforts to maintain better government in our community. I trust that in the future you will continue to unhesitantly bring your problems to your City Council. Yours very truly, AFB: ps Auten F. Bush, City Attorney. " 6. PLANNING COMMISSION, transmitting copy of its Resolu- tion No. 546 denying proposed change of zone from R -1 to R-3 for portions of Lots 2, 3, 4 and 5, Block 12, Tract 1685. The City Clerk reported that an , appeal from the decision of the Planning Commision had been received and the matter had been set for hearing before this Council on Monday, May 27, 1963. Thereafter, the communication was ordered filed pending said hearing. -4- X 1519 7. PLANNING COMMISSION, advising the Council it had set for hearing on April 24th, the matter of proposed amendment to Ordinance No. 507 (the Comprehensive Zoning Ordinance) clarifying "Bachelor Apart- ments". Ordered filed. 8. SOUTHERN CALIFORNIA VETERINARY MEDICAL ASSOCIATION, being a letter of appreciation for the cooperation of personnel conducting the Anti - Rabies Vaccination program in E1 Segundo. Ordered filed. 9. MR. AND MRS. JOSEPH RODGERSON, commending the Fire Department on its efficiency and quickness in answering their call recently when they experienced a fire in their home at 423 Kansas Street. A copy of said letter having been given the Fire Department, the communication was ordered filed. ORAL COMMUNICATIONS Mr. Charles G. Johnston, 3200 Strand, Manhattan Beach, President of Villa Vista Del Mar, Inc., addressed the Council regarding the status of the proposed 600 -unit resort motor hotel complex; that the project has not been abandoned and that their attorneys have been directed to do everything that is possible to clear the way for the building of Villa Vista Del Mar. REPORTS OF OFFICERS AND SPECIAL COMMITTEES CITY MANAGER SAILORS MADE REPORTS AS FOLLOWS: 1. That bids had been received for a new 1963 four -door sedan for use in the Police Department, and he recommended said equipment be purchased from Ira E. Escobar, Inc., Ford Agency, at a price of $2, 579. 11 less $779. 11 for tradein, said bid being the lowest bid received. Moved by Councilman Frederick, seconded by Councilman Tandy, that the bid of Ira E. Escobar, Inc, for a four -door sedan for use in the Police Department, at a cost of $2,579.11, less $779.11 for trade -in, be approved. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilmen None. 2. That bids had been received for the purchase of fire hose and he recommended the bid of Wardlow Fire Equipment Co. be approved for purchase of the following equipment, it being the lowest 'bid received: 1, 500 ft, of 2 -1 / 2" double jacket rubber lines fire hose $ 1, 710. 00 800 ft. of 1-1/2" dougle jacket rubber lines fire hose 552.00 200 ft. of 1" double jacket rubber lined fire hose 147.00 Sales Tax 96.36 TOTAL 2,505. 3 Moved by Councilman Frederick, seconded by Councilman Swanson, the bid of Wardlow Fire Equipment Company for fire hose as above set forth, amounting to $2, 505. 36 be approved. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. 3. Bids have been solicited for the resurfacing of two volleyball courts and one paddle tennis court at the Recreation Park, and he recom= mended that the bid of Robert E. Enright, in amount of $650. 00 be accepted, it being the lowest bid received.. -5- X 1520 Moved by Councilman Frederick, seconded by Councilman Swanson, the bid of Robert E. Enright in amount of $650. 00 'for re- surfacing of two volleyball courts and one paddle tennis court at the Recreation Court, be accepted. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. 4. Requested authority to engage the California State Personnel Board to conduct an entrance examination for the Police Department, proposed date of examination to be May 18, 1963, in order to establish an eligibility list of qualified candidates for this department. Moved by Councilmen Tandy, seconded by Councilman Frederick, the above request be approved. Carried by the following vote: . Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. 5. Recommended that the General Appraisal Company be employed to appraise all of the City buildings and personal property for insurance purposes, since it has been a little more than five years since an appraisal has been made, and presented a proposal from said Company for this service , with the recommendation that the City's inventory numbers be used, the total cost of such. appraisal $900.00. Moved by Councilman Tandy, seconded by Councilman Swanson, the proposal from General Appraisal Company to apparise all- of the City buildings and personal property, and to include the City's in- ventory numbers, be approved,- the cost of said services amounting to $900.00. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. 6'. Read to the Council a letter received by him from Mr. Arthur Petsch, Jr., 219 West Maple Avenue, Committee Chairman, E1 Segundo Citizens & Property Owners Association , which letter is as follows: Mr. John J. Sailors, City Manager April 7, 1.963 350 Main Street El Segundo, California Dear Sir: On March 13, 1963, a regularly scheduled meeting of the Planning Commission was :, held. Members of our organ- ization in the audience heard the Chairman call the meeting adjourned, whereupon, the members of the Commission left the platform. At the next regular meeting March 27, the same people attending were astounded to observe an approval of minutes of both March 13 and March 20th on the agenda. To assure themselves that their hearing apparatus had indeed been in order, representatives went to the building department and took a tape recorder with them. They replayed the tape from the 13th and assured themselves S9V X 1521 that the Chair had adjourned the meeting without setting publicly the time and date of any adjourned meeting. Copies of the approved minutes of the 13th record, however, that a motion to adjourn to the 20th had been made, seconded, and adopted. The importance of this inquiry stems from the fact that interested parties who attended the March 13th meeting had no idea, when they left, that an adjourned meeting was scheduled for the 20th, one week later. These interested parties have, since November 28, 1962, followed diligently the hearings on the proposed Planned Commercial Zone. The "subject" under discussion on the 20th was the P. C, zone change. Our inquiry to the City Manager is specifically. directed to a request for an investigation of these procedures cited. We feel that- the Commission has, at the least, acted unethically. Very truly yours, cc: Herald Arthur M. Petsch, Jr. Breeze Committee Chairman Tribune E1 Segundo Citizens & Property City Clerk Owners Association " A reply to Mr. Petsch's letter , was also read, which is as follows: " April 22, 1963 E1 Segundo Citizens and Property Owners Association 219 West Maple Avenue E1 Segundo, California Attention Mr. Arthur M. Petsch, Jr., Committee Chairman Gentlemen: Acknowledgment is made of the receipt of your letter of April 7, 1963, pertaining to the scheduled meeting of the Planning Commission held on March 13, 1963, and inviting my attention to the fact that the tape recording of the meeting indicated an unqualified adjournment, whereas the formal minutes therefor indicated an adjournment to March 27, 1963. My independent investigation confirms your, observances that the adjournment of March 13 was unqualified and was not an adjournment of the regular meeting to the 20th of the month. Inasmuch as this is a matter within the province of the City Council, I am forwarding a copy of this re port together with a copy of your letter of April 7, to that body. Yours very truly, JJS: ps , I John J. Sailors, City Manager cc: City Council " Mayor Baker stated that in view of the evidence, the Council had no alternative but to declare the office of the seat of Lindley A. Allen on the Planning Commission, vacant. It was then moved by Councilman Swanson, seconded by Councilman Tandy, that the action of the Mayor in declaring the office of the seat of Lindley A. Allen on the Planning Com- mission vacant be and the same is hereby ratified and confirmed. Carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. -7- X 1522 Councilman Frederick stated Mr. Allen had faithfully served the City in this capacity for many years, from the time the Planning Commission was first appointed in 1947, and he felt no one should be unmindful of the years of sincere, honest work Mr. Allen has given to the City; that he simply had made a mistake in judgment which all do at times. CITY ATTORNEY BUSH MADE REPORTS AS FOLLOWS: 1. Presented for the Council's consideration an ordinance amending the Code of the City of E1 Segundo to bring into the Code the various traffic regulations now in effect, which ordinance is entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958" BY AMENDING SECTIONS 17. 1, 17.63, 17.66, 17.69 and 17.74, (THE MOTOR VEHICLES AND TRAFFIC REGULATIONS) THEREOF, AS HEREINAFTER SET FORTH., which was read. Thereafter, said ordinance was introduced by Councilman Frederick. 2. Presented for the Council's consideration an ordinance adopting the Western Plumbing Officials Uniform Plumbing Code, 1961 Edition, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN AMEND- MENTS AND DELETIONS WHICH ARE SET FORTH IN SAID ORDINANCE, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN CODE, ENTITLED" WESTERN PLUMBING OFFICIALS UNIFORM PLUMBING CODE, 1961 EDITION "; AND REPEALING ORDINANCE NO. 485 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH., which was read. The City ,Attorney inquired of the Clerk if she had three copies of the Uniform Plumbing Code including the Appendices referred to, on file in her office and: open for in- spection by the public, to which she answered in the affirmative. The Council desiring more time to study the above ord- inance, it was moved by Councilman Tandy, seconded by Council- man Swanson, said ordinance be taken under consideration until the next regular Council meeting to be held May 13, 1963. Motion carried. 3. As requested, he had prepared an Interim Ordinance which would prohibit all construction not in conformity with said ordinance and would provide sufficient time for the Planning Commission to conduct a study and make recommendations to the City Council regarding the regulations governing bachelor apartments. Thereafter, Councilman Tandy introduced the temporary interin zoning ordinance; it was moved by Counciv.- man Tandy, seconded by Councilman Frederick, the adoption of Ordinance No. 601, entitled: A TEMPORARY INTERIM ZONING ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMEND- ING ORDINANCE NO. 507 (THE COMPREHENSIVE ZONING ORDINANCE) OF SAID CITY DEFINING "BACHELOR APARTMENT" AND PROHIBITING ALL CONSTRUCTION NOT IN CONFORMITY WITH SAID DEFINITION., which ordinance was read in full and was adopted by the follow- ing vote: we Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. UNFINISHED BUSINESS None. X 1523 PAYING BILLS The following demands having had the approval of the Com- mittee on Finance and Records, were read: General Fund - - - - - - - - - - - - $ 72, 864.68 Water Operating Fund - - - - - - - - 43, 548.99 Library Fund - - - - - - - - - - - - 1,313.82 WAt�_= Consumers= Fund- - - - - - - - 250.32 Pension Fund - - - - - - - - - - - - 4,554.91 Capital Improvement Fund - - - - - - - 4,173.36 Trust Fund - - - - - - - - - - - - - - 398.60 TOTAL - - - - - - - - - - - - - - - $ 127, 104. 68 Moved by Councilman Tandy, 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 Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. NEW BUSINESS At this time Mayor Baker announced the appointment of Mr. James G. Morgan to serve the unexpired term of Lindley A. Allen on the Planning Commission, which term will expire on February 22, 1967. Moved by Councilman Swanson, seconded by Councilman Frederick, the appointment by Mayor Baker of Mr. James G. Morgan to serve the unexpired term of Mr. Lindley A. Allen on the Planning Commission, which term will expire February 22, 1967, be and the same is hereby approved. Motion carried by the following vote: Ayes: Councilmen Frederick, Swanson, Tandy and Mayor Baker; Noes: Councilmen None; Absent: Councilman Kimport. No other business to come before the Council at this session, it was moved by Councilman Frederick, seconded by Councilman Tandy the meeting adjourn until Monday, May 6, 1963, at the hour of 7 :00 o'clock p.m., in the Council Chamber of the City Hall of the City of E1 Segundo, California. Motion carried. APPROVED: Mayor ;X Respectfully submitted, City Clerk