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HomeMy WebLinkAboutCC Min 1974-05-28 5-13-74 / 5-28-74 !,): \ ,11:5 ADJOURNMENT It was the order of the Mayor with consent of the Council to adjourn the meeting at 11:16 p.m. I " o Approved: ~~~~~"rJ Mayor ) ,/I -1 ~.d~ ~ ~ ity Clerk ATTEST: Seal Beach, California May 28, 1974 I 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 I 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 5-28-74 1~6 , ; 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, , 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 I, 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 I 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, I 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 5-28-71 ~7 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 I 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. I 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. I 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 5ili84 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 I I I 5-28-74 1 ~9 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 I 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 I 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 I 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. 1"'05-28-74 I 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 I 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. I 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 5-28-74 1 "'1. 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 I 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: I 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 , " I 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 I 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, 5-28-74 1?2 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 . ' 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 . ' 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 I I I 5-28-74 ~..q "'3 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 I 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 I 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 I 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 5-28-74 1?4 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 I I I r ~ 5-28-74 1~5 carrier. F. Received and filed public notices 74-37 and 74-71 from Army Corps of Engineers regarding applications for permits. I 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 I 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 I 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. 5-28-74 / 6-10-74 1~6 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 I 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: ~r.~ Mayor ' ATTEST: I 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 I