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Home My WebLink AboutCC Min 1974-07-22 7-22",z4 r ~1 ~ll9 Seal Beach, California July 22, 1974 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor McKnew calling the meeting to I order with the Salute to the Flag. ROLL CALL Present: Mayor McKnew Councilmen Blackman, Holden, Kenyon, Sales Absent: None Also present: Mr. Morgan, City Treasurer Mr. Courtemarche, City Manager Mr. Rollston, Assistant City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Osteen, Recreation Director Mr. Gaudio, Administrative Assistant The Redevelopment Agency of the City of Seal Beach reconvened with Chairman Holden calling the meeting to order. Mayor McKnew stated that the joint public hearings between the City Council and the Redevelopment Agency were to consider the proposed .. , " I amendments to the Redevelopment Plan for the Riverfront Redevelopment Project and to consider adoption of a Specific Plan for the development of the Pacific Electric Right-of-Way. PUBLIC HEARING - PROPOSED AMENDMENTS - REDEVELOPMENT PLAN FOR RIVERFRONT REDEVELOPMENT PROJECT Mayor McKnew declared the joint public hearing open to consider proposed amendments to the Redevelopment Plan for the Riverfront Redevelopment Project. The City Clerk stated that notices had been mailed, published and posted as required by law. Mr. Neprud, n Planning Director, presented the staff report and explained each of the proposed amendments to the Plan. Discussion followed. The City Clerk stated that no communications had been received either for or against the matter. There were no communications I for or against the matter from the audience; Mayor McKnew declared ~I . I.' the public hearing closed. I REDEVELOPMENT AGENCY RESOLUTION -NUMBER 74-2 - AMENDMENTS - REDEVELOPMENT PLAN FOR RIVERFRONT REDEVELOPMENT PROJECT Resolution Number 74-2 was presented to the Agency by title "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH RECOMMENDING THAT 2:di-74 THE CITY COUNCIL ADOPT AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT." Blackman moved, second by Sales, to waive further reading of Resolution Number 74-2. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried I Blackman moved, second by Holden to adopt Resolution Number 74-2 as presented. AYES: Blackman, Holden, McKnew, Sales NOES: Kenyon Motion carried ORDINANCE NUMBER 937 - ADOPTING AMENDMENTS - REDEVELOPMENT PLAN FOR RIVERFRONT REDEVELOPMENT PROJECT Ordinance Number 937 was presented to Council by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING , AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT." Sales moved, second by Blackman, to waive further reading of Ordinance Number 937. AYES: Blackman, Hol~en, Kenyon, McKnew, Sales NOES: None Motion carried I Sales moved, second by Holden, to deem Ordinance Number 937 has had first reading and be passed to second reading. AYES:, Blackman, Holden, McKnew, Sales NOES: Kenyon Motion carried PUBLIC HEARING - SPECIFIC PLAN - DEVELOPMENT OF PACIFIC ELECTRIC RIGHT-OF-WAY Mayor McKnew declared the public hearing open to consider adoption of a Specific Plan for the development of the Pacific Electric Right-of-Way. 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. Mr. Neprud, Planning Director, presented the staff report and recoDDDendations of the Planning Commission for Council and Agency consideration. Discussion followed. It was I the consensus of the Council and Agency that the matter of bicycle lane locations be referred back to the Planning Commission for further report. 7-22-742:11 Mayor McKnew invited members of the audience wishing to speak to the matter to,come to the microphone and state his name and address for the record. James Sokoloff, 241 - 5th Street, spoke for a signal at 5th Street and Marina Drive and opposed the I landscaping plan for the triangular parcel of land at 5th and Marina Drive and opposed a library. site on the P. E. Right-of-Way. Gordon Shanks, 215 Surf Place, commended the Council and the staff for the Specific Plan for the Right-of-Way. Eric Weid, 313 - 14th Street, spoke in opposition to the library site on the Right-of- Way. Neil Pinney, 136 - 13th Street, suggested a citizen plaza at the intersection of the P. E. Right-of-Way and Main Street. Jay Covington, 4557 Candleberry Avenue, spoke regarding the .,' I' library site with reference to parking for the facility and the ," II landscaping of the Right-of-Way. There were no other communications; Mayor McKnew declared the public hearing closed. REDEVELOPMENT AGENCY RESOLUTION NUMBER 74-3 - SPECIFIC PLAN - PACIFIC ELECTRIC RIGHT-OF-WAY I Resolution Number 74-3 was presented to the Agency by title "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING AND RECOMMENDING THAT THE CITY COUNCIL ADOPT A SPECIFIC PLAN FOR THE PACIFIC ELECTRIC'RIGHT-OF-WAY." Blackman moved, , . second by Holden to waive further reading and adopt Resolution Number 74-3 as presented. .. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried , : Holden moved, second by Blackman, to refer that portionoof the Specific Plan pertaining to location of bike lanes back to the Pl~ning Commission for further report. AYES: Blackman, Holden, Kenyon, McKnew, Sales , ' ',.', " ' I NOES: None Motion carried ,[ ADJOURNMENT - REDEVELOPMENT AGENCY ,," 'l . 'I Sales moved, second by Blackman, to adjourn the Redevelopment Agency meeting at 9:10 p.m. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried 2i24 APPOINTMENTS TO BOARDS AND COMMISSIONS Councilman Kenyon appointed Barbara Rountree to the Seal Beach Administration Building Authority for- term ending July 1, 1978; Mayor McKnew reappointed Peter Katzaroff to the Civil Service Board for term ending July 1, 1978 and reappointed Dr. Martin I Torem to the .Par,ks and Recreation Commission for term ending July 1, 1977; Councilman Sales requested that his appointment to the Board of Appea1s be held over to next meeting. Holden moved, second by Blackman, to confirm the above appointments as submitted. AYES: . Blackman, Holden, Kenyon, McKnew, Sales NOES: None .. :r Motion carried REPORT - REFERENDUM -' ANIMAL CONTROL The City Clerk reported the progress in certifying the animal control referendum petition filed with her July 10, 1974. The City Attorney discussed the'legal ramifications involving the referendum petition and presented alternative measures for Council consideration. Lengthy discussion followed with the Council I deliberating the alternatives. , ' ORDINANCE NUMBER 938 - ANIMAL CONTROL - URGENCY Ordinance Number 938 was presented to Council and read in full entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING ORDINANCE NUMBER 758 AND DECLARING THE URGENCY HEREOF." Holden moved, second by Sales, to adopt Ordinance Number 938 as presented. ..: Ira Cohen, 1125 Fathom Avenue, was duly sworn in by the Clerk, and spoke for a City Commission for animal control and objected to the inability to petition in the private communities within the city. Other members of the audience and the Council discussed the urgency ordinance at length. I Roll call on the motion: , , AYES: Blackman, Holden, McKnew, Sales NOES: Kenyon Motion carried , " " ' '7-22-742i3 RESOLUTION NUMBER 2341 - LICENSE FEES - ANIMAL CONTROL Resolution Number 2341 was presented to Council and read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.. CALIFORNIA,'SETTING FEES FOR ANI~L CONTROL." Sales moved, I second by Holden, to adopt Resolution Number 2341 as presented. Discussion followed. Jean Dorr, '231 '- 6th'Street, objected to the same fee for altered as well as unaltered dogs. Discussion followed. Councilman Sales 'withdrew his motion witn consent of the second. Sales moved to adopt Resolution Number 2341 as amended, providing for a license fee for altered dogs of $S and Unaltered dogs of $10. Councilman Holden seconded the motion. AYES: Blackman, Holden, McKne'w, Sales NOES: Kenyon Motion carried AGENDA AMENDED Councilman Kenyon moved to amend the agenda to include a presentation by Leisure World residents present and a resolution welcoming the I Japanese students to the City of Seal Beach. Councilman Blackman I . i.' seconded the motion. " AYES: Blackman, Holden, ,K~nyon, McKnew, Sales " NOES: None Motion carried PETITION - UTILITY USERS TAX Ed Smit~, 1660 Northwood Road, presented for the record, a petition from the Leisure World residents protesting the Utility Users Tax. , . . , , Discussion followed. It was the order of the Chair, with consent of Council to receive and file the petition. RESOLUTION NUMBER 2342 - WELCOMING JAPANESE STUDENTS 0,' Resolution Number 2342 was presented to Council and read in full entitled !'A RESOLUTION OF THE CITY OF SEAL BEACH WELCOMING THE , , STUDENT STUDY GROUP FROM KAGOSHIMA, JAPAN." Blackman moved, I .... " . :1 II' , , , secon~ by Kenyon, to adopt Resolution Number 2342 as presented. , ' AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried It was the order of the Chair, with consent of Council, that certificates of welcome be prepared for the individual students for presentation at their arrival. 7-22-74 214 ORDINANCE NUMBER 936 - ANIMAL CONTROL AMENDMENT . It was the consensus of ' the Council that no action be taken on this ordinance because of the referendum. ORDINANCE NUMBER 939 - CALLING ELECTION - CHARTER AMENDMENTS Ordinance Number 939 was presented to' Council, by title "AN I ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF ,SEAL BEACH, CALIFORNIA, A CHARTER CITY, PROPOSING AMENDMENTS, TO THE CHARTER OF THE CITY.,OF SEAL,BEAGH, PROVIDING,FOR THE..SUBMISSION OF THE SAME :ro ,THE QUALIFIED ELECTORS THEREOF FOR ADOPTION AT,A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 1974, ,CONSOLIDATED WITH THE STATE~ WIDE ' GENERAL ELECTION, AND ,DECLARING THIS QRDINANCE TO BE EFFECTIVE IMMEDIATELY." Blackman moved, second by Ke~yon, to waive further reading and adopt Ordinance Number 939 as presented. AYES: Blackman, Holden, McKnew, Sales, Kenyon NOES: None Motion carried RESOLUTION NUMBER 2343 - CONSOLIDATION - SPECIAL,MUNICIPAL ELECTION - CHARTER AMENDMENTS . I '-, Resolution Number 2343 was presented to Council by title "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, , , REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH THE STATE-WIDE GENERAL ELECTION TO BE HEW NOVEMBER 5, 1974; PURSUANT TO SECTION 505 OF THE CHARTER AND SECTION 23302 OF THE ELECTIONS CODE FOR THE PURPOSE , OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY SEVEN 'I', " AMENDMENTS TO THE CHARTER OF THE CITY OF SEAL BEACH." Holden moved, second by Blackman, to waive further reading and adopt Resolution Number 2343 as presented. .' AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2344 - ARGUMENTS - CHARTER AMENDMENTS Resolution Number 2344 was presented to Council by title "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AUTHORIZING CERTAIN OF ITS MEMBERS , ' TO FILE A WRITTEN ARGUMENT FOR CITY MEASURES." Blackman moved, J' , " 7-22-74215 - t [. ,,;. ..~, second by McKnew, to waive further reading and adopt,Resolution Number 2344 as presented. AYES: Blackman, Holden, Kenyon McKnew, Sales NOES: None , , Motion carried I RESOLUTI0N NUMBER 2345 - ESTABLISHING SALARY RATES Resolution Number 2345 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY oRATES, A SALARY' AND WAGE SCHEDULE, AND OTHER PAYMENTS FOR EMPLOYEE, BENEFITS, AND REPEALING, ON THE 'EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." ' Hoiden moved, second by Blackman, to waive further reading and adopt Resolution Number 2345 'as presented. AYES: Blackman, HOlden, Kenyon, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2346 - REQUESTING FINANCIAL ASSISTANCE - PUBLIC BEACH AREAS - COUNTY OF 0RANGE I Resolution Number 2346 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING FINANCIAL ASSISTANCE FROM THE COUNTY OF ORANGE FOR THE COST OF MAINTENANCE AND SERVICES TO PUBLIC BEACH AREAS IN THE CITY." Blackman moved, second by Holden, to waive further reading and adopt Resolution Number 2346 as presented. AYES:, ' Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2347 - EXTENSION OF TIME - ADOPTION OF CERTAIN ELEMENTS OF GENERAL PLAN Resolution Number 2347 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL' BEACH, CALIFORNIA, REQUESTING AN EXTENSION OF TIME FOR THE ADOPTION OF CERTAIN ELEMENTS I OF THE GENERAL PLAN." Holden moved, second by S'ales, to waive further reading and adopt Resolution Number 2347 as presented. AYES: , Blackman, Holden, "Kenyon', McKnew; Sales NOES: ,None' ,I , Motion carried 7-22-74 2"6 CONSENT CALENDAR A member of the audience requested that ,Item '~B" be removed f~!?m the Consent Calendar; Councilman Blac~ requested that Items "E" and "L" be removed from the Consent Calenda:r; and Councilman Sales requested that Item "F" be removed from the Consent Calendar. I Kenyon moved, second by McKnew, to approve ,the recommended action for items on the Consent Calendar excepting Items "B", "E", "F" and "L" as presented. A. Approved the minutes of the regular Council meeting of July 8, 1974, as presented. C. Approved agreement; between the County of Orange and City for financial assistance from County for costs of maintenance and operation of , City's public beaches and autho~ized the Mayor to execute. D. ' Approved agreement between the County of Orange and 1 City for extension of contract for enforcement of City's health ordinances and authorized the Mayor I to execute agreement. G. Approved extension of agreement between State of California and City for use of OES Pumper No. 158 and authorized tha Mayor to execute. H. Received and filed Resolution No. 74-971 from Orange County Board of Supervisors re Intergovernmental Coordinating Council report on growth pOlicy. I. Received and filed Public Notice No. 74-136 from Army Corps of Engineers re application for permit for construction. J. Received and filed notice re increase in passenger fares application of Continental Trailways, Ameri<;an Buslines and Continental Pacific Lipes. I K. Approved agreement betweel) City of Santa Ana and City for continuation of City's participation in the Orange County Narcotic Index and authorized the Mayor to execute. 7-22-74 '217 AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried Items Removed From The Consent Calendar ITEM "B" - DEMANDS I Edward Smith, 1660 Northwood Road, requested clarification om , ' "transfers" on the l'ist of demands on the Treasury. The City , Manager responded to his question. Blackman moved, second by Holden, to approve the 'regular de~ands numbered 12020 through 12202 in the amount of $111,674.85; payroll demands numbered . .. 3177 through 3399 in the amount of $103,633.74; and transfers in the amount of $315,633.74 as approved by the Finance Committee , , and that warrants be drawn on the Treasury for the same. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried .,. ....... ITEM "E" - RESOLUTIONS SERVICE - INTERGOVERNMENTAL COORDINATING COUNCIL .' Councilman Blackman spoke for the establishment of a.resolutions I service by the Intergovernmental Coordinating Council. McKnew moved, second by Sales, to participate in the resolution service being established by the Intergovernmental Coordinating Council. AYES: Blackman, Holden, Kenyon, McKnew NOE,S: Sales Motion carried ITEM "F" - RESOLUTION - VlL,LA PARK - qPPOSING A,.B. 3745 - BUSINESS LICENSES Councilman Sales'spoke regarding the licensing~of businesses . , located outside of a city. Sales moved, second by Blackman, to receive and file 'Resolution No. 74-346 from the City of Villa Park re expressing opposition to AB 3745 which would prohibit cities from licensing businesses located outside a city which derive less than $10,000 gross receipts from business done within a city. I AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried ITEM "L" - RESOLUTION - COSTA MESA - REQUESTING UNITED STATES DISTRICT COURTROOM FACILITY IN SANTA ANA '. 0' Councilman, Blackman spoke in support of the Resolution received from the City of Costa Mesa and requested that a similar resolution be . 7-22-74 218 ')' iI.... \:, . prepared for the City of Seal Beach. RESOLUTION NUMBER 2348 - REQUESTING CREATION OF UNITED STATES DISTRICT COURTROOM FACILITY IN SANTA ANA Resolution Number 2348 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF TlII! CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE CREATION OF A UNITED STATES DISTRICT I COURTROOM FACILITY IN SANTA ANA, C_ALIFORNIA." Blackman moved, second by Kenyon, to w~ive ~~rther reading and adopt Resolution Number 2348 as presented. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried COMMUNICATIONS, REQUESTS and;'REPORTS TO COUNCIL REQUEST - MARKET DAY Jack Osteen, Recreation Director, reported on the Parks and R~creation Commission request that the ,City Council approve the .' . 1 ' holding of Market Day on Saturday, Aug~st 10, 1974 from 10:00 a.m. ! . ....... to 4:00 p.m. at Marina Park. Sales moved; second by Blackman, 'to approve the request to hold a Market Day on August 10, 1974 and that the business license fee be I waived. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried , ' Jean Dorr, 231 - 6th Street, requested that this event be held at the North Seal Beach Center. Mayor McKn~w suggested _ that 1[he Commission consider this location in the future. YOUTH COMMISSION GUIDELINES - PARKS and RECREATION COMMISSION Jack Oste~n, Recreation Director, presented the Youth Commission ," I -.. ,r... I. Guidelines to the Council as approved by the Parks and Recreation Commission. Dil!cussion followed. It was the consensus of the Council that Item_II-B be deleted f~om the requirements. I ~ales moved, second by McKnew, to approve the Youth Commission Guidelin~s, fte~eting ~~em II-B, "Must be tenth or eleventh grade student at inception of term." AYES: Bl'ackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried 7-22-74 219 REPORT - WEST ORANGE COUNTY WATER BOARD Councilman Holden reported that the West Orange County Water Board was being required to pay the cost of relocation of a water transmission main in Edwards Street by the Orange County Flood I Control District due to the widening of the flood control channel at this location. Holden moved, second by Sales, that a letter be sent to the Orange County Board of Supervisors, over the signature of the Mayor, opposing the requirement that the West Orange County Water Board pay for the relocation of the transmission main, with copies to be forwarded to the League of California Cities and the Intergovernmental Coordinating Council. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried FINANCE COMMITTEE Councilman Kenyon requested further information regarding the , . ,'..1. ," functions of the Finance Committee. I INTERGOVERNMENTAL COORDINATING COUNCIL Councilman Blackman invited other members of the Council to attend the Intergovernmental Coordinating Council meeting, July 24, 1974 at 6:30 p.m. in the Santa Ana Council Chambers and stated that a representative of the A.P.C.D. would be the guest speaker. MAYOR REQUEST Mayor McKnew requested that his absence from the August 12, 1974 meeting be excused. ORAL COMMUNICATIONS Mayor McKnew stated that this was the time for oral communications. Adah Winters, Electric Avenue, questioned the speed limit on Electric Avenue and complained of motorcycles racing on the P. E. Right-of-Way. The City Manager was directed to investigate excessive speeds on I Electric Avenue and to further investigate the posting of signs on the Pacific Electric Right-of-Way. Jay Covington, 4557 Candleberry Avenue, spoke for the petition submitted by Leisure World residents and the suspension of the utility users tax. Ira Cohen, 1125 Fathom Avenue, questioned the " . - 7~(j / 8-12-74 , urgency ordinance for animal control. Edward Smith, 1660 Northwood Road, questioned investing of city funds and requested Council action on the petition to repeal the utility users tax. There were no other oral communications; Mayor McKnew declared oral communications closed. I ADJOURNMENT Holden moved, second by McKnew to adjourn the meeting at 12:00 midnight. AYES: Blackman, Holden, McKnew, Sales NOES: None Motion carried Approved: , , I, ATTEST: Seal Beach, California August 12, 1974 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor ProTempore Sales calling the meeting to order. Mayor ProTempore Sales commented on the speech that evening'of President of the United States, Gerald Ford, and requested that the citizens of Seal Beach join him in renewed , . dedication to this Nation. Mayor Sales led the audience in the Salute to the Flag. ROLL CALL Present: Mayor ProTempore Sales Councilmen Blackman, Holden, Kenyon I Absent: Mayor McKnew