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HomeMy WebLinkAboutCC Min 1973-11-12 10-29-73 / 11-12-73 ~ ORAL COMMUNICATIONS Mayor Blackman declared oral communications open. Gordon Shanks, 21S S4rf Place, commended the City for their assistance in celebrating the City's birthday on behalf of the Historical Society and presented pictures taken of members of the Council I in costume at the celebration.' There were no other oral communications; Mayor Blackman declared oral ,communications closed. EXECUTIVE PERSONNEL SESSION ' The ' Council ,recessed to Executive Personnel Session at 11:4S p.m. and reconvened at 12:00 o'clock midnight. Mayor Blackman reported that the City Manager had been given instructions relating to Meet and Confer sessions with personnel, that no formal action had been taken. ADJOURNMENT HOldenrmoved, second by Dunn to adjourn the meeting at 12:01 a.m. AYES: Black!nan, Dunn, Holden, McKnew, Sales NOES: None Motion carried I and ex-officio clerk of Beach City Council Approved: ~~ Mayor ~~""'" ,- ./ ATTEST: o Seal Beach. California November 12, 1973 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor Blackman calling the meeting to order. At the request of the Mayor, Seal Beach Girl Scout and I Brownie'Troops led the Salute to the Flag. ROLL CALL Present: Mayor Blackman Councilmen Dunn, Holden, McKnew, Sales Absent: None ! 1 11-12-73 1:5 I Also present: Mr. Courtemarche, City Manager' Mr. Winfield, Assistant City Attorney Mr. Ha11din, City Engineer Mr. Neprud. Planning Director Mr. VanDerhyden. Assistant to the City Manager Mr. Thomas, Finance Director Mr. Johnson. Civil Engineer Mr. Little, Administrative Assistant Mr. Gaudio. Administrative Assistant ) PROCLAMATION Proclamation was read by Mayor Blackman declaring Seal Beach Girl Scouts Appreciation Week, December 1 through December 7. 1973. Mayor Blackman accepted a Girl Scout Calendar presented by the Girl Scouts and encouraged the public to purchase them from the,. Girl Scouts. PRESENTATION - POW-MIA FLAG Beverly McKnew. spokesman for Girl Scout Troop 973, presented the POW-MIA flag to the Mayor. Mayor Blackman accepted the flag for the City and stated that it would be appropriately displayed. PUBLIC HEARING - APPEAL - A-3-73 - BURGESS-DONOVAN, INC. I Mayor Blackman declared the public hearing open to consider the appeal of Burgess-Donovan, Inc. to Planning Commission decision denying variance, V-32-73 (Planning Commission ReSOlution #78S). The City Clerk stated 'that notices had been posted and mailed as required by law and that no communications had been received for or against the matter. Planning Director, Mr. Neprud, presented the staff report and action of the Planning Commission denying request for variance. Mr. Neprud stated that the appeal pointed out an error in the original plans as it related to the excess height and stated that the proposed building would not exceed 3S feet. Mayor Blackman asked if any members of the audience wished ,to speak for the appeal. Don Thamer, Attorney for the appellant, I spoke for granting the appeal and referred to the zoning ordinance relating to density and asked if the size of a parcel effected the number of dwelling units permitted thereon. The City Attorney reviewed the section of the Code and stated that there was no reference as to the size of a single parcel. 11-12-73 ~6 Ken Ledeman, Architect, from San Juan Capistrano, spoke on behalf of the appellant and stated 'that to change the encroachment into the rear yard setback would make the building smaller and less desirable and further stated that he had not been requested by the builder to draw plans for a lesser number of units. I Bill Donovan, Burgess-Donovan, Inc., 789 - 20th Street, Costa Mesa, spoke for granting the appeal and stated that 1) the height limit was an error that had been corrected; 2) there was a precedent for tandem parking; and 3) the encroachment into the rear yard setback for the stairs could be reconsidered and requested that the Council recommend the number of units they would allow on this parcel and asked that it be referred back to the Planning Commission with that recommendation. Mayor B1acman asked if any members of. the audience wished to speak in opposition to the appeal. Jim Quinn, 202 - 1st Street, spoke against the appeal and the variance as it created parking difficulties and a noise problem. Approximately sixteen members I of the audience, by a show of hands, indicated their concurrence with the statements made by Mr. 'Quinn. Dean Dobkins, Seal Beach. spoke'against the appeal and referred to the effect,the Coastal Commission would have on this project and indicated his agreement with the statements made by Mr. Quinn. There were no other communications from the audience; Mayor Blackman declared the public hearing closed. Members of the City Council discussed the matter of the appeal and information given during the public hearing. McKnew moved. second by Holden that the appeal. A-3-75. be denied. as the proposed project does not meet with present policy of the' Council. Mr. Dunn spoke against the motion and referred to the statement by'the appellant requesting a recommendation of this'body for' I reduced'density." Further discussion followed; the'motion was withdrawn with consent of the second. Sales moved, second by Holden to refer the appeal of Burgess- > , 11-12-73 ...'.~7 Donovan, Inc.: back to the Planning Commission with the reco~endation that the number of units of the project be reduced to a number that would be consistant with the ,recently. adopted Land ,Use E1eml!!nt of the General Plan. and that tandem parking be eliminated. stating that I the encroachment into the rear yard setback should also be eliminated by the redesign of the project for the lessee. AYES: Blackman. Dunn, Holden, McKnew. Sales NOES: None Motion carried PUBLIC HEARING - PUBLIC LAND USE ZONE Mayor Blackman declared the public ,hearing open to consider an amendment to the Zoning Ordinance and the Code of the City of Seal Beach creating a Public Land Use Zone. The City Clerk stated that notices had been posted as required by law and that no communications had been received ' either for or against the matter. Planning Director, Mr. Neprud. pre~ented the Planning Commissi9!l action creating a Public Land Use c1assif~cation. There were no I communications from the audience,either for or against the matter; Mayor Blackman declared the public hearing closed. ORDINANCE NUMBER 920 - ZONING - PUBLIC LAND USE ZONE Ordinance Number 920 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF,SEAL BEACH AMENDING ARTICLE 3 AND ADDING ARTICLE lSD TO ORDINANCE NO. 628, ZONING. CREATING A PUBLIC LAND USE (PLU) ZONE." McKnew moved. second by Dunn to waive further reading of Ordinance Number 920, deem that it has had first reading and be passed to second reading. AYES: Blackman, Dunn. Holden. McKnew, Sales NOES: None Motion carried ORDINANCE NUMBER 917 - ESTABLISHING FILING FEE FOR CANDIDATES Ordinance Number 917 was presented to Council for second reading I by title "AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH, CALIFORNIA, AMENDING TIlE CODE OF THE CITY OF SEAL BEACH BY ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY." Sales moved. second by McKnew to waive further reading and adopt Ordinance Number 917 as presented. 11-12-73 ~8 AYES: Blackman, Dunn, Holden. 'McKnew, Sales, NOES: None Motion carried ORDxNANCE NUMBER 918 - POSTING LOCATIONS Ordinance Number 918 was presented to Council for second reading by title "AN ORDINANCE OF TIlE CITY OF SEAL BEACH AMENDING SECTION 2-7.1 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO THE I LOCATIONS FOR THE POSTING OF ORDINANCES AND RESOLUTIONS." McKnew moved, second by Holden to waive further reading and adopt Ordinance Number 918 as presented. AYES: Blackman, Dunn. HOlden, McKnew. Sales NOES: None Motion carried ORDINANCE NUMBER 919 - WATER WELL STANDARDS Ordinance Number 919 was presented to Council for second reading by title "AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH RELATING TO ABANDONED WELLS, SUBMITTING TO THE JURISDICTION OF THE COUNTY WELL STANDARDS ADVISORY BOARD, PROVIDING FOR PERMITS FOR THE DRILLING OF WATER WELLS, DECLARING ABANDONED WELLS TO BE PUBLIC NUISANCES, PROVIDING FOR ABATEMENT PROCEEDINGS AND COSTS AND SETTING FORTH WATER WELL STANDARDS AND AMENDING TIlE CODE OF I TIlE CITY OF SEAL BEACH." Dunn moved. second by Blackman to waive further reading and adopt Ordinance Number 919 as presented. AYES: Blackman, Dunn, Holden, McKnew, Sales NOES: None Motion carried ORDINANCE NUMBER 921 - PERMITS and REGULATIONS - FOOD HANDLING ESTABLISHMENTS Ordinance Number 921 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE ISSUANCE OF PERMITS FOR AND REGULATIONS APPLICABLE TO FOOD HANDLING ESTABLISHMENTS AND AMENDING TIlE CODE OF TIlE CITY OF SEAL BEACH." Sales moved. second by Holden to waive further reading of Ordinance Number 921, deem that it has had first reading and be passed to I second reading. AYES: Blackman. Dunn. Holden, McKnew, Sales NOES: None Motion carried 11-l2-73~9 RESOLUTION NUMBER 226S - HONORING NORMAN K. SPIELMAN Resolution Number 226S was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFORNIA, HONORING NORMAN K. SPIELMAN FOR HIS OUTSTANDING I' SERVICE TO THE CITY OF SEAL BEACH." Sales moved. second by McKnew to waive further reading and adopt Resolution Number 226S as presented. AYES: Blackman, Dunn. Holden. McKnew. Sales NOES: None Motion carried RESOLUTION NUMBER 2266 - ORANGE COUNTY DIRECTORY - PACIFIC TELEPHONE AND TELEGRAPH COMPANY Resolution Number 2266 was presented to Council by title "A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING THE APPLICATION OF THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR AUTHORITY TO SPLIT TIlE PRESENT ORANGE COUNTY TELEPHONE DIRECTORY INTO TWO SEPARATE DIRECTORIES, TO BE KNOWN AS THE ORANGE COAST TELEPHONE DIRECTORY AND TIlE ORANGE I COUNTY DIRECTORY." Holden moved. second by Dunn to waive further reading and adopt Resolution Number 2266 as presented. AYES: Blackman, Dunn, Holden, Sales NOES: McKnew Motion carried RESOLUTION NUMBER 2267 - ACCEPTING GRANT DEEDS - WATER LINES - GOLDEN RAIN FOUNDATION and SEAL BEACH MUTUAL NO. NINE Resolution Number 2267 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH ACCEPTING GRANT DEEDS FOR THE RELOCATION OF WATER LINES IN LEISURE WORLD FROM GOLDEN RAIN FOUNDATION AND SEAL BEACH MUTUAL NO. NINE." Holden moved. second by Sales to waive further reading and adopt Resolution Number 2267 as presented. AYES: Blackman, Dunn, Holden, McKnew, Sales I NOES: None Motion carried RESOLUTION NUMBER 2268 - ACCEPTING GRANT DEEDS - WATER LINE EASEMENTS - GOLDEN RAIN FOUNDATION and SEAL BEACH MUTUAL NO. NINE Resolution Number 2268 was presented to Council by title "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING ?O 11-12-73 GRANT DEEDS FOR WATER LINE EASEMENTS SERVING CLUB HOUSE NO. 3 IN LEISURE WORLD FROM GOLDEN RAIN FOUNDATION AND SEAL BEACH MUTUAL NO. NINE,." Sales moved. second by McKnew to waive further reading and adopt Resolution Number 2268 a~ presented. AYES: Blackman, Dunn, Holden, McKnew, Sales 1 NOES: None Mqtion carried PROPOSED RESOLUTION - PUBLIC HEARING PROCEDURES Councilman Sales referred to Section 1-A of the procedures presented and spoke in support of sworn testimony. COWlci1man McKnew clarified his feelings regarding optional swearing of witnesses at a public hearing. Further discussion followed. Sales moved. second by Dunn to refer this matter back to the City Attorney for modifications. AYES: Blackman, Dunn, Holden. McKnew. Sales NOES: None Motion carried RESOLUTION NUMBER 2269 - PARKING FEES AND TIME LIMITS - PARKING DISTRICT NUMBER ONE Resolution Number 2269 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH I REAFFIRMING PARKING FEES AND TIME LIMITS FOR METERED PARKING IN PARKING DISTRICT NUMBER ONE AND THE ESTABLISHMENT OF VARIABLE PARKING TIME LIMITS FOR COURTESY PARKING IN PARKING DISTRICT NUMBER ONE AND REPEALING RESOLUTION NUMBER 2186'." Administrative Assistant, Mr. Gaudio. presented his report to the Council relating the results of a poll of the downtown merchants for parking regulations and explained that the proposed resolution permitted more parking time flexibility. Dunn moved, second by McKnew to waive further reading and adopt Resolution Number 2269 as presented. AYES: Blackman. Dunn, Holden. McKnew. Sales NOES: None Motion carried CONSENT CALENDAR I Councilman Dunn requested that Item "A" be removed from the Consent Calendar. Blackman moved, second by Sales to approve the recommended action for items on the Consent Calendar excepting Item "A" as presented. B. Approved regular demands numbered 16223 through 11-12-73 71 16S63 in the amount of $66,324.S2; payroll demands in the amount of $82,810.41; and transfers in the amount of $196;7SS.06 as approved by the Finance Committee and that warrants be drawn on the Treasury I for the sa.nie. C. Approved agreement between County of Orange and City re recovery of costs to County for enforcement' of Ordinance Number'9l9 (Water Well Standards) and schedule of permit fees and authorized the Mayor to execute the agreement. Q. Apprqved ,reques~ Jly Bixby Ranch Company to pay a proportionate share of sewer conne<;tion charge pursuant to ,Ordinl!Jlce ~umber 889. ,in the amount of $164.50. ~YEs: NOES: Blackman., Dunn, Holden. McKnew. Sales None .~,'.Ild ' Motion carried , I Items Removed From The Consent Calendar ITEM "A" - COUNCIL MINUTES D~ moved. second by McK~ew to approve the Council minutes of October 29, 1973 as presented. AYES: Blackman. Dunn. Holden. McKnew. Sales NOES: None Motion carried REPORT - IMPLEMENTATION OF GENERAL PLAN Mr. Neprud. Planning Director. presented an oral report to the Council outlini;ng the staff schedule for implementation of the General Plan. The Mayor and City Co~cil expressed appreciation for the information given in the report. REPORT - REVISED FIRE INSURANCE COVERAGE I Denis Thomas, Finance Director, presented the recommendation of Hersche~l Whitmer Associates, the city's broker of record, as a resul t of their review of the city's fire, property and related insurance coverages. The memorandum from the City Manager outlining the recommendations was received by Council. Dunn moved, second by McKnew that the City Manager be authorized to 11-12-73 ?2 secure the fire and related insurance coverage as outlined in the memorandum . AYES: Blackman. Dunn. Holden, McKnew, Sales NOES: None Motion carried AWARD OF BID - REMODELING OF FIRE STATION NO.1 Bids were received and opened by the City Clerk at 2:00 o'clock I p.m., November S, 1973 for remodeling of Fire Station No.1 as follows: Ferguson Matheson $ 87,8S0 $ 89,9S0 The City Attorney stated that the' low bid by Mr. Ferguson was a proper and legitimate and acceptable bid, and stated that' the bid bond received with said low bid was in the amount of 10% of the $87,8S0 figure. Mr. Winfield recommended that the language of future specifications be clarified. The Council noted receipt of a letter of protest from Mr. Matheson and a letter of clarification received from Mr. Ferguson relating to the bids. Mr. Gordon Matheson was sworn in by the City Clerk I as requested by Mr. Matheson and protested the award of bid to Mr. Ferguson as a "non-responsive" bid. Discussion followed. McKnew moved. second by Sales to award the bid for the remodeling of Fire Station No.1. including the hose tower, to Bill Ferguson in the amount of $87,8S0. as the lowest responsible bidder. that all other bids be rejected and the City Manager be authorized to execute the contract and that the necessary funds be transferred from the Contingency Fund to construct the tower. AYES: Blackman. Dunn, Holden, McKnew, Sales NOES: None Motion carried ORAL COMMUNICATIONS Mayor Blackman announced that station K NBC would be showing the Seal Beach identification slide at their station breaks. Mayor I Blackman declared oral communications open. Jean Dorr, 231 - 6th Street, complained about the availability of parking on Electric Avenue near Main Street for the beauty shops in that area. It was 11-12-73 / 11-26-73 ~3 the ,order of the Chair with consent of Council that the staff investigate the complaint. There were no other oral communications; the Mayor declared oral communications closed. ADJOURNMENT I Sales moved, second by Dunn to adjourn the meeting at 10:00' o'clock p.m. AYES: Blackman, Dunn, Holden, McKnew. Sales NOES: Motion carried None of Approved: J~_ C M,~1#,.A. --/ Mayor Attest: 9A<{fj{~Vd,"'A: ], Clerk I Seal Beach. California November 26. 1973 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor Blackman calling the meeting to order. At the request of the Mayor, Mr. Hal1din, City Engineer, led the Salute to the Flag. ROLL CALL Present: Mayor Blackman Councilmen Dunn. Holden, McKnew, Sales Absent: None I Also present: Mr. Courtemarche. City Manager Mr. Winfield, Assistant City Attorney Mr. VanDerhyden. Assistant to the City Manager Mr. Neprud. Planning Director Mr. Ha11din. City Engineer Mr. Thomas, Finance Director Mr. Gaudio, Administrative Assistant ORDINANCE NUMBER 920 - ZONING - PUBLIC LAND USE ZONE The City Manager requested that Ordinance Number 920 be deferred ,