HomeMy WebLinkAboutCC Min 1974-05-28
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ADJOURNMENT
It was the order of the Mayor with consent of the Council to
adjourn the meeting at 11:16 p.m.
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Approved:
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Mayor )
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ity Clerk
ATTEST:
Seal Beach, California
May 28, 1974
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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 with the Salute to the Flag.
ROLL CALL
Present:
Mayor Blackman
Councilmen Dunn, HOlden, McKnew, Sales
Absent:
None
Also present: Mr. Courtemarche, City Manager
Mr. Morgan, City Treasurer
Mr. Watson, City Attorney
Mr. Rollston, Assistant City Attorney
Mr. Halldin, City Engineer
Mr. Neprud, Planning Director
Mr. VanDerhyden, Assistant to the City Manager
Mr. Gaudio, Administrative Assistant
AGENDA AMENDED
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Mayor Blackman moved, second by Dunn to consider Ordinance Number
930 at this time due to the capacity crowd in attendance for this
item.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
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ORDINANCE NUMBER 930 - ANIMAL CONTROL
Ordinance Number 930 was presented to Council for second reading
entitled "AN ORDINANCE OF THE CI~Y OF SEAL BEACH PERTAINING .0
ANIMAL CONTROL AND AMENDING THE CODE OF THE CITY OF SEAL BEACH."
The City Manager stated that the staff had prepared a comparison,
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cha21: of the animal control ordiilance ,:nc;>w in ef;fect.'as"opposed to
the proposed ordinance.
Dennis Smith, 8521 Edison Way, Huntington Beach, Manager of the
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California Animal Control Service, explained the procedures that
his services as animal control officer would provide to the City.
Councilman McKnew expressed concern of the twenty-four hour holding
period for cats and questioned the leashing of cats and also questioned
the provision of selling or giving away animals.
Ira Cohen, 1125 Fathom Avenue, spoke in opposition to the ordinance
and also stated concern about the reputation of ' the California
Animal Control. Mr. Ken Walker, Orange County Animal Shelter,
stated that he felt the biggest problem was beach patrol of animals
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and referred to procedures that the Orange County Animal Control
Department followed. Mr. Walker stated that there would be additional
cost for animal control services on the beach. Members of the Council
stated that the services provided by Orange County had been insufficient
thereby causing complaints.
Nancy Kredell, 1515 Seal Way, spoke in support of the ordinance;
George Stevens, College Park East, opposed the, licensing of cats;
Clyde Simmons, 205 - 2nd Street, opposed the leashing of cats;
David Sapperstein, COllege Park East, spoke for leashing cats;
Pat Gretton, 112 - 15th Street, opposed leashing cats; Mrs.
Livingood, 221 - 5th Street, supported the ordinance; Emogene
parko, 313 Central Avenue, stated that the beach was a problem
especially for dogs and supported a beach patrol; Lucil~e Steele,
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South Shore Drive, spoke in opposition of the ordinance; Joe
Hobson, 352 - 12th Street, opposed the contract with California
Animal Control; Patricia Suter, Huntington Beach, spoke in
opposition to the California Animal Control Service and the
proposed ordinance; Joanna Gatskill, 7th Street, opposed cats
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being collared or leashed; Miss Gingrich, 14th Street, opposed
the leashing of cats; Christine Agur, 11 Marina Drive, suggested
postponing the issue until submission to the voters on the November
ballot; Faye Knight, 13571 Pelham Drive, Leisure World, suggested
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Seal Beach have its own facility for animal control; Ada Winters,
1307 Electric Avenue, supported licensing for cats and ,dogs and
opposed the leashing of cats and further stated that she had
visited the California Animal Control facility and felt it was
inadequate; Clyde Rife, 1047 Ocean Avenue, requested that an
extended holding period for cats be considered in the ordinance;
Jerry Berut, 1645 Crestview, asked if the County charged to
redeem animals and asked if our taxes would still go to the County
for animal control. Further discussion followed.
Sales moved to waive further reading of Ordinance Number 930 and
that it be passed for adoption. There was no second to the
motion.
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Holden requested that Sections 3.10-18, 3.10-19 and 3.10-20 be
amended to include a longer holding period for cats.
Sales moved, second by Holden to approve Ordinance Number 930 as
amended and pass for adoption. The City Attorney. advised that
the ordinance would require first reading with the amendment.
Sales withdrew his motion with consent of the second.
Sales.moved, second by Holden to approve the first reading of
Ordinance Number 930 as amended in Sections 3.10-18, 3.10-19 and
3.10-20, that said Ordinance be passed to second reading as so
amended.
AYES:
Dunn, Holden, Sales
NOES:
Blackman, McKnew
Motion carried
The Council recessed at 10:15 p.m. and reconvened at 10:20 p.m.
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with Mayor Blackman calling the meeting to order.
PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT and TENTATIVE TRACT
MAP "8534 - BIXBY RANCH COMPANY
Mayor Blackman declared the public hearing open to consider
affirmation of an Environmental Impact Report and approval of
Tentative Tract Map No. 8534 for a 60 unit condominium project
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proposed by the Bixby Ranch Company. The City Clerk stated that
notices had been posted and mailed as required by law and that
communications had been received from William Shearer, Rossmoor
Homeowners Association, Robert C. Terhune, Jay Covington and the
Airport Land Use Commission, copies of which had been given to the
Council. Mr. Neprud, Planning Director, presented the staff report
and actions of the Planning Commission and all communications
presented to the Planning Commission at their public hearing on
May 15.
Mayor Blackman invited members of the audience wishing to speak
in support of the Tentative Tract Map 8534 to come to the
microphone, state his name and address for the record.
Gerald E. MulLen, 9107 Wilshire Blvd., Bever,ly Hills, attorney
representing the Bixby Company, spoke for approval of Tract Map
8534 and made reference to communications submitted for the record
on May 15 before the Planning Commission and spoke for approval
of Tentative Tract Map 8534. Mr. Ralph Martin, 230 East 17th
Street, Costa Mesa, planner and architect for the Bixby Company
presented the plan for the sixty dwelling units proposed.
Dr. Maurice A. Garbel, 1714 Lake ,Street, San Francisco, President
of MAG Consultants, Inc., was duly sworn in by the Clerk upon
request and proceeded to list those relevant technical qualifications
as a specialist in aircraft noise and safety and presented lengthy
testimony in support of approval of Tentative Tract 8534.
Jack Courtelyou, Dogwood Avenue, College Park East, spoke in
favor of the development. Tom Brett, 3641 Violet Avenue, spoke
in favor of the project. Orville Tien, Elder Avenue, spoke in
favor of the development.
Mayor Blackman invited members ,of the audience wishing to speak
in opposition to Tentative Tract Map 8534 to come to the microphone
state his name and address for the record.
Director of the Rossmoor Homeowners Association, residing at 1732
Woodstock Road, Rossmoor, spoke in opposition to the Tentative
Tract 8534 and referred to his letter submitted to the Council
this evening. Jim Duncan, President of the College Park East
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Homeowners Association, stated that a majority of the residents
in his area would rather have a park. Jay Covington, 4557
Candleberry Avenue, spoke in opposition to the Tentative Tract
8534. Mr. Rowan, Cypress Citizens Association, spoke in opposition
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to the development.
Capt. Gormally, 4172 Banyon Way, qualified himself as a helicopter
pilot and explained traffic patterns used at the airbase. Capt.
Blitz, Naval Air Station, Los Alamitos, read his letter dated May
15 for the record.
There were no other communications either for or against the
matter; Mayor Blackman declared the public hearing closed.
ENVIRONMENTAL IMPACT REPORT - TRACT 8534 - BIXBY RANCH COMPANY
Sales moved, second by Dunn to affirm the sufficiency of the
Environmental Impact Report for Tract 8534.
AYES:
Blackman, Dunn, Holden, Sales
NOES:
McKnew
Motion carried
TENTATIVE TRACT MAP "8534 - BIXBY RANCH COMPANY
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Holden moved, second by Dunn to approve Tentative Tract Map 8534
with the recommendation to require the dedication of land for
parksite in lieu of fees and waive the requirements under the
Subdivision Ordinance pertaining to the perimeter wall, dedication
of streets and bicycle trail system as recommended by the Planning
Commission.
AYES:
Blackman, Dunn, Holden, Sales
NOES:
McKnew
Motion carried
PUBLIC HEARING - POSITION CLASSIFICATION PLAN - POLICE STATISTICIAN/
PROPERTY CLERK (CIVILIAN)
Mayor Blackman declared the public hearing open to consider an
amendment to the Position Classification Plan to include the position
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of Police Statistician/Property Clerk (civilian). The City Clerk
stated that notices had been posted as required by law and that no
communications had been received for or against the matter. The
City Manager presented the staff report as recommended by the Civil
Service Board. There were no communications for or against the
matter; Mayor Blackman declared the public hearing closed.
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RESOLUTION NUMBER 2314 - POSITION CLASSIFICATION PLAN - POLICE
STATISTICIAN/PROPERTY CLERK (CIVILIAN)
Resolution Number 2314 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING
THE POSITION CLASSIFICATION PLAN TO INCLUDE THE JOB CLASSIFICATION
OF POLICE STATISTICIAN/PROPERTY CLERK, A NON-SWORM JOB CLASSIFICATION. II I
Sales moved, second by Dunn to waive further reading and adopt
Resolution Number 2314 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
PUBLIC HEARING - APPEAL A-1-74 - ROBERT HIRSCH - RESIDENTIAL BOARD
and CARE FACILITY
Mayor Blackman declared the public hearing open to consider Appeal
A-1-74 from Planning Commission denial of Conditional Use Permit
CP-3-74 for residential board and care facility with less than
required parking in the C-2 zone of the Rossmoor Business Center.
The City Clerk stated that notices had been posted and mailed as
required by law and that no communications had been received either
for or against the matter. Mr. Neprud, Planning Director, presented
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the staff report and actions of the Planning Commission and stated
that additional evidence had been recieved in the form of a survey
of thirty-two residential board and care facilities in Orange County
which indicated a lesser number of parking spaces used and required
for said facilities. Mr. Neprud added that his staff had made a
spot check of four residential board and care facilities located in
other communities, finding that this city's parking requirement of
one space for each two beds appeared to exceed the actual in use
parking at such facilities through their observations.
Robert Hirsch, 15233 Ventura Blvd., Sherman Oaks, spoke for approval
of his Appeal and stated that his facilities would comply with the
license would be obtained upon approval of this city for the project.
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State of California Department of Public Health Code and that said
There were no arguments opposing the appeal. Mayor Blackman declared
the public hearing closed.
Dunn moved, second by Sales that the Appeal A-1-74 for Conditional
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Use Permit for Mr. Hirsch be referred back to the Planning Commission
for their consideration of the new evidence received relating to
parking r~quirements for.~esidential board and care facilities.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
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NOES:
None
Motion carried
Dunn moved, second by Sales to recommend that the Planning Commission
reconsider the ordinance establishing parking requirements for board
and care facilities along with the review of the Zoning Code.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
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None
Motion carried
AGENDA AMENDED
Sales moved, second by Dunn to bring Item VIII-C out of order to be
considered at this time.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
REPORT - APPLICATIONS - SALE OF FIREWORKS
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The City Manager reported that the North Long Beach Kiwanis Club
had withdrawn their application and presented a memorandum listing
those organizations that had complied with Resolution Number 1769
for the sale of fireworks.
McKnew moved, second by Holden to grant permission to the applicants
as listed in the City Manager's memorandum, t~at the license fee be
waived and that the City Manager be authorized to issue business
licenses on presentation of all documents required by Resolution
Number 1769.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
ORDINANCE NUMBER 928 - ZONING - RESIDENTIAL/COMMERCIAL/PARK ZONE,
OIL EXTRACTION ZONE, CREATION OF DISTRICT VI
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Ordinance Number 928 was presented to Council for seco~d reading by
title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AMENDING ORDINANCE NO. 628, ZONING APPENDIX OF THE CITY CODE, BY THE
ADDITION OF A DISTRICT VI, AN ARTICLE 6A, R/C/P RESIDENTIAL, COMMERCIAL
PARK ZONE, AN ARTICLE l3~, O-E OIL EXTRACTION ZONE, AND REVISING SECTIONS
1801 AND 1803 OF ARTICLE 18, GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS,
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YARDS, HEIGHT, AREA, OPEN SPACE AND BULK." Holden moved, second
by Dunn to waive further reading of Ordinance Number 928, deem that
is has had second reading and be passed for adoption.
AYES:
Blackman, Dunn, HOlden, McKnew, Sales
NOES:
Motion carried
None
ORDINANCE NUMBER 929 - ZONING AMENDMENT CONFORMING TO LAND USE
ELEMENT
Ordinance Number 929 was presented to Council for second reading by
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title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ORDINANCE NO.
628 (ZONING) WITH THE AMENDMENT OF THE OFFICIAL ZONING MAP BY CHANGING
, THE ZONE OF VARIOUS PARCELS OF LAND IN CONFORMANCE WITH THE ADOPTED
LAND USE ELEMENT TO THE GENERAL PLAN." Sales moved, second by Holden
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to waive further reading of Ordinance Number 929, deem that it has
had second reading and be passed for adoption.
AYES:
Blackman, Dunn, HOlden, McKnew, Sales
NOES:
None
Motion carried
ORDINANCE NUMBER 931 - CITY CLERK COMPENSATION
The City Council discussed Ordinance Number 931 relating to compensation
for the City Clerk. The City Clerk requested that said ordinance have
first reading again. Blackman moved, second by Dunn that this ordinance
be considered in Executive Personnel Session at next meeting and that
the Executive Session be the first item of business on the agenda.
AYES:
Blackman, Dunn, HOlden, McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2315 - HONORING EATON O. BEMIS
Resolution Number 2315 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFONRIA,
HONORING EATON O. BEMIS, PAST PRESIDENT OF THE GOLDEN RAIN FOUNDATION
BOARD OF DIRECTORS, UPON HIS RETIREMENT FROM THE BOARD." Holden
moved, second by Blackman to waive further reading and adopt Resolution
Number 2315 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2316 - SUPPORTING S. B. 2133 - EMPLOYMENT
RELATIONSHIPS - CITY, COUNTY and SPECIAL DISTRICT EMPLOYEES
Resolution Number 2316 was presented to Council by title "A
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING
THE PASSAGE OF S. B. 2.33, A BILL ESTABLISHING A COMPREHENSIVE NEW
, STRUCTURE TO GOVERN THE EMPLOYMENT RELATIONSHIPS OF CITY, COUNTY
AND SPECIAL DISTRICT EMPLOYEES." Sales moved, second by Holden
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to waive further reading and adopt Resolution Number 2316 as
presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2317 - INTENTION TO VACATE - SEAL WAY ALLEY
Resolution Number 2317 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING
ITS INTENTION TO VACATE PORTIqNS OF SEAL WAY ALLEY AND SETTING A
TIME AND PLACE FOR A PUBLIC HEARING THEREON." Dunn moved, second
by Sales to waive further reading and adopt Resolution Number 2317
as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
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RESOLUTION NUMBER 2318 - SALARY RATE - POLICE STATISTICIAN/PROPERTY
CLERK
Resolution Number 2318 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
AMENDING RESOLUTION 2273 AND ESTABLISHING A SALARY RATE FOR POLICE
STATISTICIAN/PROPERTY CLERK." Holden moved, second by Sales to
waive further reading and adopt Resolution Number 2318 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2319 - APPROVING PARCEL MAP - CLUBHOUSE NO. 3 -
LEISURE WORLD
Resolution Number 2319 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING
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PARCEL MAP RST 6225." Dunn moved, second by Holden to waive further
reading and adopt Resolution Number 2319 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
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RESOLUTION NUMBER 2320 - WEEDS
Resolution Number 2320 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CREATING
A LIEN UPON CERTAIN PROPERTY FOR THE COST OF WEED ABATEMENT." Sales
moved, second by McKnew to waive further reading and adopt Resolution
Number 2320 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2321 - RIGHT-OF-WAY CERTIFICATION - A.H.F.P.
PROJECT 704 - MARINA DRIVE IMPROVEMENTS
Resolution Number 2321 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH MAKING
RIGHT-OF-WAY CERTIFICATION FOR THE ARTERIAL HIGHWAY FINANCING
PROGRAM PROJECT 704, IMPROVEMENTS TO MARINA DRIVE." McKnew
moved, second by Dunn, to waive further reading and adopt
Resolution Number 2321 as presented.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
CONSENT CALENDAR
Councilman McKnew requested that Item "A" be removed from the
Consent Calendar. Dunn moved, second by S(lles, to approve the
recommended action for items on the Consent Calendar except Item
"A" as presented.
B. Approved regular demands numbered 11611 through
11717 in the amount of $59,489.07; payroll demands
numbered 2348 through 2541 in the amount of $87,000.32;
and transfers in the amount of $692,991.32 as approved
by the Finance Committee and that warrants be drawn on
the Treasury for the same.
C. Approved Change Order No. 12, time extension for Project
No. 377, Seal Beach Blvd. Improvements.
D. Denied claim of David P. Hansen for personal injuries and
referred same to the city's insurance carrier.
E. Denied claim of Nancy Crawford for personal injuries and
store damage and referred same to the city's insurance
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carrier.
F. Received and filed public notices 74-37 and 74-71 from
Army Corps of Engineers regarding applications for
permits.
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G. Recieved and filed Resolution No. 5282 from City of
Buena Park regarding opposition to Proposition 5 on
the June 4 ballot.
H. Received and filed Resolution No. 74.41 from City
of Laguna Beach regarding need for state tax relief
to implement the conservation and open space elements
of general plans.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
Items Removed From The Consent Calendar
ITEM "A" - COUNCIL MINUTES
Councilman McKnew stated it was his understanding that the Charter
Review Committee was to review other amendments to the City Charter
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along with those previously requested by the Council. McKnew
moved, second by Sales to approve the minutes of the regular
meeting of May 11, 1974 as corrected.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY ASSESSMENT
Sales moved, second by McKnew, to table consideration of the
1974-75 assessment to the Intergovernmental Coordinating Council of
Orange County for the City of Seal Beach.
AYES:
Dunn, Holden, McKnew, Sales
NOES:
Blackman
Motion carried
CHARTER REVIEW COMMITTEE
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Councilman Sales appointed Miss Jane Pidd; Councilman Dunn
appointed Mrs. Barbara Barton; Councilman Holden appointed Mr. Hy
Sweasy; Councilman McKnew appointed Mr. Christopher D. Kelly; and
Mayor Blackman appointed Mr. Tom O. King as their respective
representatives to the Charter Review Committee.
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Sales moved, second by Dunn that the above appointments be
confirmed as members to the Ad-Hoc Charter Review Committee,
the City Clerk to serve as secretary to the Committee.
AYES:
Blackman, Dunn, Holden, McKnew, Sales
NOES:
None
Motion carried
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ORAL COMMUNICATIONS
There were no oral communications from the audience.
ADJOURNMENT
Mayor Blackman adjourned the meeting, with unanimous consent of the
Council at 2:30 A.M.
Approved:
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Mayor '
ATTEST:
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Seal Beach, California
June 10, 1974
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 with the Salute to the Flag.
ROLL CALL
Present:
Mayor Blackman
Councilmen Dunn, Holden, McKnew, Sales
Absent:
None
Also present: Mr. Morgan, City Treasurer
Mr. Courtemarche, City Manager
Mr. Watson, City Attorney
Mr. Rollston, Assistant City Attorney
Mr. VanDerhyden, Assistant to the City Manager
Mr. Halldin, City Engineer
Mr. Neprud, Planning Director
Mr. Gaudio, Administrative Assistant
Mr, Little, Administrative Assistant
Mr. Dorsey, Chief of Lifeguards
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