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1965 APR 12 CC MINX 1885 E1 Segundo, California April 12, 1965 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, following which an invocation was given by Father Gordon Yeaton of St. Michael's Episcopal Church. The meeting was then called to order by Herman L. McGill, Mayor, the hour being 7:00 o'clock p. m. ROLL CALL Councilmen Present: Frederick, Kimport, McElhaney, Nagel and Mayor McGill; Councilmen Absent: None. READING OF THE MINUTES OF THE PREVIOUS MEETING The minutes of the regular meeting of the City Council of the City of E1 Segundo, California, held March 22, 1965, having been read and no error or omission having been noted, it was moved by Councilman Frederick, seconded by Councilman McElhaney, the minutes of said meeting be approved as re- corded. Motion carried. At this time, Mayor McGill presented a 25 -year service pin to Sgt. Frank Berkline of the Police Department and commended him for his long service to the City. SPECIAL ORDER OF BUSINESS 1. The Mayor announced that this was the time and place heretofore fixed for the reception of bids on the construction of the Douglas Street Rail- road Crossing, and inquired of the Clerk if she had any bids therefor. The Clerk replied that she had received four (4) bids. Motion was made by Council- man Frederick, seconded by Councilman Kimport, that said bids be opened, examined and publicly declared, which bids were as follows: Vernon Paving, Inc. $10,995.05 Luka Milosevich $12,313.95 Leelco, Inc. $12,805.70 Sully- Miller Contracting Company $13,031.80 It was then moved by Councilman McElhaney, seconded by Council- man Kimport that said bids be referred to the Director of Public Works for checking and report at the next regular meeting to be held April 26, 1965. 2. The matter of the decision of the Council on the appeal of J. and J. Salvage Company from the decision of the Planning Commission in its Reso- lution No. 607 was then considered. The Mayor inquired of the Council if it was ready to render its decision. Councilman Kimport asked that, in view of the extreme importance of this matter, he be given more time to consider before making a final decision. Mayor McGill stated that after considering all the testimony in this matter, he was of the opinion that J. and J. Salvage Company had been given every opportunity over the years to correct the violations; that he was con- vinced that these violations do exist; that the Council should not contribute any further to these violations and that the action of the Planning Commission in revoking the Conditional Use Permit should be upheld. Councilman Frederick disagreed with the Mayor's position and stated that he did not feel that there was enough creditable evidence to support the -1- R-1-1 allegations that violations were serious enough or consistent enough to warrant such severe punishment as revocation of the Conditional Use Permit. He sug- gested that Mr. Stewart of J. and J. Salvage be permitted to continue in his business and that the City conduct monthly investigations to be sure that he is complying with the terms of the Conditional Use Permit. Councilman Nagel stated that he had reached the conclusion that enough proof had been presented at the hearing to substantiate the claims of the complainants that violations did exist regarding the stacking of wrecked cars above the maximum allowable height, that junked cars had been parked outside the fence and that several buildings had been constructed without benefit of building permits and which would not conform to the building code. Councilman Nagel then made the motion that the action of the Planning Commission in its Resolution No. 607, revoking the Conditional Use Permit of the J. and J. Salvage Company be upheld. On roll call, the following vote resulted: Ayes: Councilman Nagel and Mayor McGill; Noes: Councilmen Frederick and Kimport; Abstained: Councilman McElhaney; Absent: Councilmen None. Councilman Nagel then made the motion that, in view of the fact that Councilman Kimport had stated he was not ready to make a decision in this matter but had voted merely so as not to yield to the majority, that this matter be taken under consideration until the next regular Council meeting to be held April 26th, to give Councilman Kimport an opportunity to make his final de- cision. Motion carried. 3. The Mayor announced that this was the time for discussion re- garding the handling of juvenile problems, as suggested by the City of Signal Hill. The City Attorney read the resolution from the City of Signal Hill which was dated February 16, 1965, urging the State Legislature, Law Enforce- ment Agencies and the Public Press to take all necessary steps to rescind the policy and practice of not divulging the names and addresses of juveniles or the parents of juveniles to the extent that such information will be disclosed in all cases of serious crimes of violence and brutality committed by juveniles. This was believed by the City Council of Signal Hill to be an effective deterrent to this type of crime and a way to reawaken many parents to their responsibility to supervise and guide their children. City Attorney Bush stated that he had reviewed this resolution and was concerned with their use of the expression "juveniles identified with crimes of violence ", as there is the possibility of a juvenile becoming innocently identified with a crime of violence and brutality and it would be unfair to be given the punishment intended by this resolution. Also, he felt that there should be some indication as to who would make the determination as to when the pub- licity would be given - would it be at the time of being taken into custody or at a subsequent dater The Mayor then asked if anyone in the audience wished to speak re- garding this matter. MR. EDWARD MILLER, 1344 Elm Ave., addressed the Council, stating that he felt that the names of juveniles should not be released until either an admission of guilt or proof of guilt had been established. MR. JERRY MOORE, 612 Illinois Court, Apt. 3, addressed the Council, stating that he felt that additional adult supervision at the recreation park might be a way of minimizing the juvenile problem. MRS. ETHEL EFFLANDT, of the EL SEGUNDO HERALD, reported that she had discussed this problem with school administrators and ministers in town and it was their feeling that it was a question of "what degree of crime and who makes the decision as to when the names should be divulged ". -2- MR. JOHN FARLEY, of the DAILY BREEZE,stated that the policy of the Daily Breeze is to publish the name of the juvenile involved in the more serious crimes such as armed robbery, etc. He did not feel that it was something that could be written into the law books, but comes from the con- sensus of the community. From meetings such as these, it is determined what degree of crime is considered serious. The job of the press is made easier when the opinions of the people can be heard. JUDGE BURCH DONAHUE of the INGLEWOOD MUNICIPAL COURT, agreed basically with Mr. Bush's feeling on terminology of the Signal Hill resolution. He felt, too, as did Mr. Miller, that the names should not be divulged until either an admission of guilt or proof of guilt had been established. He stated that he would be more concerned with finding the cause of such crimes and working from that angle. In his experience he had seen many instances which would have to be declared isolated incidents which would not be likely to happen again. It would then be regrettable if they were given this publicity as the social stigma would drive the person involved away from the good boys as the parents would keep the good boys away. His associations would then be limited to undesirables and he would therefore develop into a more serious type of delinquent. In addition, many youngsters who enjoy the center of at- tention would commit crimes just to see their name in print or see themselves on television. He stated that he would rather try to look for the causes than to make it mandatory to publish the names of such juveniles. He commended the City of El Segundo on their athletic program for children and felt that this was a deterrent to juvenile delinquency. Councilman McElhaney asked Judge Donahue if he was acquainted with the work of the Montana judge who advocated such publicity and who has stated that it has been the means of reducing juvenile delinquency in his area. Judge Donahue stated that he had read the program and the results, but said that he would not want to compare the problems in Montana with those in the City of E1 Segundo as each area has its own type of problem and what might work in one area might not work in another. DEPUTY POLICE CHIEF, VERN WOOD, concurred in the feelings of Judge Donahue. MR. FLOYD CARR, 424 Hillcrest St., felt that this was not a matter for the State Legislature but should be kept on a local level. He therefore recommended that if any action is taken concerning the Signal Hill resolution, it should be to oppose such action by the State Legislature. He felt that the method now being used in E1 Segundo is the best one. Mayor McGill stated that he felt that the press should be given the choice of what to print and when, and that he was not in favor of supporting the Signal Hill resolution as he did not feel that our situation could be compared with theirs. Councilman Frederick expressed his pride in the job now being done by the Police Department in handling juveniles and felt that the Council would be remiss in their duties to turn a job over to the State which can be better handled locally. He stated that with the continued good work by the Police Department and the support of the parents, the problems in E1 Segundo should continue to diminish. Councilman Kimport said that he felt that the success of E1 Segundo in these matters is partly due to the programs which the City has put into effect for young people and that the cost involved in maintaining our recreation facilities is justified by the results. Councilman Nagel did not feel that any action should be taken at this time regarding the Signal Hill resolution, but that the City of E1 Segundo should continue with the same policy they have been following, that of allowing the newspapers to decide what they should print. Motion was then made by Councilman McElhaney, seconded by Councilman Nagel and unanimously carried, that the Signal Hill resolution be filed. -3- 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. THE CROWN IMPERIAL RESTAURANT, K &. H Corporation, being a request for an entertainment and dance permit in connection with its proposed restaurant operation at 999 Sepulveda Blvd. in view of the fact that reports from the Fire Department and the Department of Building Safety showed no objections to granting this permit, motion was made by Councilman Nagel, seconded by Councilman Frederick that this permit be granted. Motion carried. 2. MR. MORRIS ALON, being a request for a small business license. Director of Finance Weber explained that Mr. Alon would be classi- field as a peddler and would therefore require a peddler's license, the cost of which is $24. 00. He did not feel that Mr. Alon was entitled to a small business license since his business is not located in E1 Segundo but is of an itinerant nature. Motion was made by Councilman Nagel, seconded by Council- man Frederick that the request of Mr. Morris Alon for a small business license be denied. Motion carried. 3. CITY OF BALDWIN PARK, requesting Council's support of SCA -17, amendment to the State Constitution, to restore franchise tax on intrastate revenues of telephone companies doing business in California. Ordered filed. 4. CITY OF ANAHEIM, requesting Council oppose Assembly Bills No. 346 and No. 431, relating to the apportionment of construction and main- tenance expense of railroad crossings to public agencies. After discussion, motion was made by Councilman Nagel, seconded by Councilman McElhaney, that Resolution No. 2119a, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, OPPOSING ASSEMBLY BILLS 346 AND 431 RELATING TO THE APPORTIONMENT OF CONSTRUCTION AND MAINTENANCE EXPENSE OF RAILROAD CROS- SINGS TO PUBLIC AGENCIES., which was read, be adopted. On roll call said motion carried and said resolution was adopted by the fol- lowing vote: Ayes: Councilmen Frederick, Kimport, McElhaney, Nagel and Mayor McGill; Noes: Councilmen None; Absent: Councilmen None. 5. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, being application for on -sale general license for Topaz, Inc., 135 W. Grand Ave., by Raymond Garner, Donald French, and Hendrikus Benner. Ordered filed. 6. PLANNING COMMISSION, enclosing copy of its Resolution No. 613, denying variance request to divide property into three R -1 lots, 1216 E. Maple Ave., by Robert P. Black. No appeal having been received, this correspondence was ordered filed. 7. PLANNING COMMISSION, enclosing copy of its Resolution No. 614, specifying parking requirements for "Food to Go" business. Motion _ made by Councilman Frederick, seconded by Councilman McElhaney that the action of the Planning Commission be approved. Motion carried. 8. MR. HARRY WEBER, Director of Finance, being a request for permission to cancel Warrant #8597 to Officer N. W. Hingley for travel expense -4- to and from Riverside, as he will not be making this trip at this time, and Warrant #8692 to Western Governmental Research Association as this is a duplicate payment. Motion made by Councilman McElhaney, seconded by Councilman Frederick that Warrants #8597 and #8692 be cancelled. Motion carried. 9. STATE DIVISION OF HIGHWAYS, being a copy of study for planning a continuing highway program after 1972. Ordered filed. 10. CITY OF BEVERLY HILLS, being an announcement of meeting to discuss the matter of consolidating all Municipal Courts into one county -wide court district. The Council being in agreement to oppose such consolidation, motion was made by Councilman Frederick, seconded by Councilman McElhaney, that Resolution No. 2120 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO OPPOSE CONSOLIDATION OF ALL MUNICIPAL COURTS OF LOS ANGELES COUNTY INTO ONE COUNTY -WIDE MUNICIPAL COURT DISTRICT. , which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the fol- lowing vote: Ayes: Councilmen Frederick, Kimport, McElhaney, Nagel and Mayor McGill; Noes: Councilmen None; Absent: Councilmen None. City Manager Sailors was then requested to attend the meeting on this matter. 11. CITY OF REDDING, enclosing copy of its Resolution No. 3420 supporting the enactment of AB 1218, pertaining to the purchase of revenue producing facilities by local agencies, and urging Council to adopt similar resolutions. Motion was made by Councilman Nagel, seconded by Councilman McElhaney, that this matter be tabled pending receipt of a copy of AB 1218. Motion carried. 12. NATIONAL LITTLE LEAGUE, being a request for renewal of their free license to operate the concession stand at 853 Hillcrest St. Motion made by Councilman Frederick, seconded by Councilman Kimport that the above request be granted. Motion carried. 13. CITIZENS FOR DECENT LITERATURE of Ventura County, enclosing copy of resolution supporting legislation to control distribution of obscene literature. It was the consensus of the Council that this matter be tabled until the next regular meeting to be held April 26. ORAL COMMUNICATIONS Mr. JAMES MORGAN, 346 Whiting Street, announced that the Rotary - sponsored Student Government Day would be on April 22nd, and that he felt it was very important that young people understand their City Govern- ment; that this program consists of sixteen students of the High School taking the part of the Council and various City officials. Mr. Floyd Carr will be the chairman of the committee for this program. Mayor McGill stated that he was in favor of this program and would give it his full support as would the other members of the Council. REPORTS OF COMMITTEES 1. NOISE ABATEMENT COMMITTEE. Councilman Nagel re- ported that Assembly Bill 335 will a heard in the Senate Judiciary Committee on April 13th and that he would attend the session. Assembly Bill 336 will be heard in the Senate Judiciary Committee in approximately two weeks. -5- ► i•1 2. INTER -CITY HIGHWAY COMMITTEE. Councilman Nagel reported that at the April 8 meeting of this committee, the legislative program of the Rapid Transit District concerning revenue, was discussed. This pro- gram had been presented in a letter from the District, dated March 26, 1965, in which they invited comment. Without allowing sufficient time for any comment to be received, Senator Rees introduced legislation concerning cer- tain tax levies which, in view of Council's action of March 8, 1965 in adopting a resolution opposing any taxes which were not first voted on by the people, were considered to be objectionable. The Inter -City Highway Committee at the April 8 meeting, passed a resolution opposing the use of Gas Tax Funds or In -Lieu Funds for any purpose which does not directly benefit motor ve- hicles. It was then moved by Councilman Nagel, seconded by Councilman McElhaney, that Resolution No. 2121, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, OPPOSING THE USE OF GAS TAX FUNDS FOR ANY PURPOSE WHICH DOES NOT DIRECTLY BENEFIT MOTOR VEHICLES., which was read be adopted. On roll call, said motion carried and said resolution was adopted by the fol- lowing vote: Ayes: Councilmen Frederick, and Mayor McGill; Noes: Councilmen None; Absent: Councilmen. None. Kimport, McElhaney, Nagel REPORTS OF OFFICERS CITY MANAGER SAILORS MADE REPORTS AS FOLLOWS: 1. Presented for the Council's consideration the 1964 Uniform Plumbing Code. After discussion., motion was made by Councilman Nagel, seconded by Councilman Frederick that the City Attorney be authorized to prepare the ordinance adopting the 1964 Plumbing Code. Motion carried by the following vote: Ayes: Councilmen Frederick, and Mayor McGill; Noes: Councilmen None; Absent: Councilmen None. Kimport, McElhaney, Nagel 2. Requested Council's permission to solicit bids for two Police vehicles, funds for which are included in the current budget. Motion made by Councilman Kimport, seconded by Councilman McElhaney, that the City Manager be authorized to solicit bids for two Police vehicles. Motion carried. 3. Reported that he had met with property owners whose pro- perties are contiguous to Pine Avenue between California and Kansas Streets, which is one of two blocks in the City which remain unpaved. This street had not been included in any of the assessment districts which had been processed; if it had been, it would have been treated as a side street and the cost of paving would have been spread both north and south on Kansas and California Streets. The present cost of paving this street is estimated to be $3, 223. 00, the cost of installing curbs is estimated at $971. 25. It was recommended that the City not participate in any of the cost of sidewalks but that under the extenuating circumstances in this case, that the City participate in the cost of blacktopping. The four property owners had reported that they were in a position to contribute $500. 00 each toward any improvement that is made. With the $2, 000 contributed by the property owners, the remaining cost to the City X 1891 would be $2, 194. 25, and the City Manager recommended that this street improvement be approved. Motion was made by Councilman McElhaney, seconded by Council- man Frederick, that the recommendations of the City Manager regarding the improvement of Pine Avenue between California and Kansas Streets as presented above, be approved and that the same opportunity be given the property owners whose properties are contiguous to the portion of Holly Ave. which is also unpaved. Motion carried by the following vote: Ayes: Councilmen Frederick, Kimport, McElhaney, Nagel and Mayor McGill; Noes: Councilmen None; Absent: Councilmen None. 4. Presented correspondence from the Holthe Disposal Service regarding the overpayment of trash collection fees by the City of E1 Segundo, which presented a proposal for repayment of the $10, 598. 20. This proposal was as follows: Deduction of the sum of $200. 00 per month for the months of June through December, 1965, and Deduction of the sum of $400. 00 per month, com- mencing January 1, 1966 and each month there- after for the balance of the term of the franchise. This would leave a balance of $3, 998. 00 at the end of the contract in February, 1967, which amount could either be paid in the form of a bal- loon payment in February, 1967 or a continuation of payments after the close of the contract. Mayor McGill stated that although he knew it would place a burden on Mr. Holthe, he could not approve any plan that did not include payment in full by the end of the contract. Councilman Nagel concurred with Mayor McGill's views. Councilman Frederick expressed the opinion that any small business would be placed at a disadvantage if the above balance had to be paid by the end of the contract and that it would be better for all con- cerned to continue the contract until the indebtedness was paid in full. Councilmen McElhaney and Kimport expressed their willingness to accept this plan. Mr. Dexter Benson, Manager of the Chamber of Commerce asked the Council's permission to express his thoughts in the matter and permission was granted. He stated that since Mr. Holthe had entered into the agreement with the City in good faith and without knowledge of the dis- crepancy in the number of electric meters, he should be permitted to con- tinue his contract until the overpayment was absorbed. Mr. Jack Brett, 628 Penn Street, vigorously opposed anything less than payment in full by the end of the contract. After lengthy discussion, it was moved by Councilman McElhaney, seconded by Councilman Frederick, that the contract with Holthe Disposal Service be extended one year, and that payment of $400. 00 per month be continued until the balance of the overpayment has been absorbed. On roll call, motion carried by the following vote: Ayes: Councilmen Frederick, Kimport and McElhaney; Noes: Councilman Nagel and Mayor McGill; Absent: Councilmen None. City Attorney Bush was requested to prepare the contract for Mr. Holthe's approval and presentation to the Council at the next regular meeting to be held April 26, 1965. -7- X 1892 ASST. DIRECTOR OF PUBLIC WORKS ALLEN MADE REPORTS AS FOLLOWS: 1. Presented for the Council's consideration, estimates of the costs of construction of the proposed pedestrian bridge at Pine Avenue, crossing the Pacific Electric Railroad right -of -way as follows: With ramp approach With stairs approach Steel Concrete $_1_T,_70 0 16, ouu- $ 8,000 $ 10,000 The cost of this pedestrian bridge would have to be borne by the City since the State Division of Highways has indicated that Pine Avenue is not in the Select Street System of the City of E1 Segundo, but is classi- fied as a "local" street. The E1 Segundo Unified School District had furnished information as to the locations o_' residences of :ter] -,0 be in attendance at the new Junior Hig[. Sci1o:_ i •_�11 cen'er S-1-170-et -- a map of which was given to the Council, the routes that might be taken by the various students from their home to the school being marked. The map showed that approximately 39 students would utilize the bridge. In addition to these, an undetermined number of persons living easterly of the bridge and southerly of Mariposa Ave. might use the bridge for access to the Recreation Center. It was also pointed out that the railroad right -of -way, designated by the children as "Devil's Path" holds quite an attraction for them, and it was believed that at least some of the children might continue to use this route as an approach to the school. Moved by Councilman Nagel, seconded by Councilman McElhaney, that engineering design be started on the concrete type, with stairs approach, at an estimated cost of $10, 000, cost of such construction to be placed in next year's budget. Carried by the following vote: Ayes: Councilmen Frederick, Kimport, McElhaney, Nagel and Mayor McGill; Noes: Councilmen None; Absent: Councilmen None. PAYING BILLS The following bills, having had the approval of the Committee on Finance and Records, were read. Warrants Nos. 8703 thru 8967 inclusive: General Fund - - - - - - - - - - - - - - - - - - $ 85, 114.99 Water Operating Fund - - - - - - - - - - - - - 8,900.71 Library Fund - - - - - - - - - - - - - - - - - - 5,526.02 Pension Fund- - - - - - - - - - - - - - - - - - 15,567.62 Water Consumers Fund - - - - - - - - - - - - 563.98 Trust Fund- - - - - - - - - - - - - - - - - - - 2,543.00 TOTAL - -- - - - - - - - - - - - - - - - - - $118,216.32 Moved by Councilman Nagel, seconded by Councilman Kimport, 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, Kimport, McElhaney, Nagel and Mayor McGill,-- Noes: Councilmen None; Absent: Councilmen None. NEW BUSINESS 1. Councilman McElhaney suggested that Council consider having one of the reserve police officers patrol the recreation park during the evening hours to augment the present supervision. Councilman Frede- rick then suggested that the as to what would be the best under consideration and will April 26. X 1893 Director of Parks and Recreation be consulted hours for such a patrol. This matter was taken be further discussed at the next meeting on 2. Councilman Frederick suggested that reserve police officers be used in the patrol cars in instances where a regular officer might other- wise have to be alone in the car. He felt that this might be a way of decreasing the overtime in the Police Department and also eliminate the need of sometimes calling out a regular officer who might have already put in an 8 -hour shift for that day. He recommended that discussions be held with the Police Department to determine the feasibility of such a program. City Manager Sailors was requested to consult with the Police Department on this matter. 3. Councilman Nagel requested the following changes in the code be prepared by the City Attorney for consideration at a' later date: a) Changes in the sign ordinance. b) Section 34. 10,delete keeping of chickens as accepted us in R -1 zone. c) Section 34. 61, delete junk yards as accepted use. d) Delete Section 16. 35 relating to auto wrecking and dismantling. e) Delete Section 25A. 22 relating to hours of operation of auto wrecking business. f) Delete Section 16. 32 relating to sound trucks. No further business to come before the Council at this meeting, it was moved by Councilman Nagel, seconded by Councilman Kimport, the meeting adjourn, the hour of adjournment being 11 :15 o'clock p.m. Motion carried. Respectfully submitted, APPROVED: City Clerk Mayor , mom