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Home My WebLink AboutCC Min 1974-08-26 8-12-74 / 8-26-74 2~O ~ C' lerk and ex-officio clerk of t Seal Beach City Council Approved: 2A-l- ~ 1/ Mayor oTempore I ATTEST: Seal Beach, California August 26, 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 order with the Salute to the Flag. ROLL CALL Present: Mayor McKnew Councilmen Holden, Kenyon I Absent: Councilmen Blackman, Sales Mayor McKnew stated that the absence of'Councilman Blackman and Councilman Sales was excused. Also present: Mr. Courtemarche, City Manager Mr. Watson, City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City Manager Chief Cibbarelli, Police Department Mr. Gaudio, Administrative Assistant PROCLAMATIONS Mayor McKnew proclaimed the week of September 3 through September 8, 1974 as "Kiwanis Kids'Week." Mayor McKnew proclaimed the week of September 16 through September 21, 1974 as "Constitution Week." I Mayor McKnew proclaimed the week of August 26 through August 31, 1974 as "Womens Week." PUBLIC HEARING - APPEAL - A-2-74 - SURFSIDE COLONY, LTD. Mayor McKnew declared the public hearing open to consider Appeal A-2-74 of Surfside Colony, Ltd. to Planning Commission decision 8-26-742~t I granting Variance V-13-74 (Sosnowski), for stairway and elevated walkway extending above the first floor living area at A-79, Surfs ide ,Colony. The Deputy 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 the staff report and the conditional approval of the Variance by the Planning Conunis~ion. Mayor McKnew questioned the conditions of the Land Use Agreement with regard to limiting the property to owner occupied or single family residential. Mayor McKnew invited members of the audience wishing to speak in favor of the appeal to come to the microphone and state their name and address for the record. Karen Gavin, member of the Surfs ide Board of Directors, requested that Mr. Keith Peterson, planning consultant for the Colony, be allowed to make a presentation in favor of the appeal on behalf of Surfs ide Colony. Keith Peterson, 2601 Wilshire Blvd., Los Angeles, was duly sworn . by the Clerk, referred to Article 20 of the City Zoning CQde and questioned the specific reasons for granting ,the variance. Discussion followed. The City Attorney recommended that the matter be returned to the Planning Commission for further review and more specific findings of fact. There were no further communications from the audience; Mayor McKnew declared the public hearing closed. Holden moved, second by McKnew, to refer the matter of the Appeal, A-2-74, by Surfside Colony to Variance V-13-7.4 back to the Planning Commission for further review of more specific findings as recommended by the City Attorney. ,,"YES: "Holden, Kenyon, McKnew NOES: None ABSENT:' Blackman, Sales PUBLIC HEARING -, ,APPEAL - A- 3-74 - LES STUKALOFF , Motion carried I I Mayor McKnew declared the public hearing open to consider Appeal A-3-74 of Les Stukaloff to Planning Commi~sion denial of Variance ,V-20-74 for a building constructed in violation of cert~in provisions 8-26-74 ~~~. . .' of the zoning ordinance. The Deputy City Clerk stated that notices had been posted and mailed as required by law and that no communic~tions had been received either for or against the matter. Mr. Neprud, Planning Director, presented the staff report and related the circumstances resulting in the Planning Commission denial of the variance request. Mr. Neprud further stated that he had received a communication, this date with signatures of twelve residents of the area indicating their concern regarding this property. Mayor McKnew invited members of the audience wishing to speak in favor of the appeal to come to the microphone, state his name and address for the record. Mr. Gene Goldman, member of the law fim of DeWeese & Goldman and attorney representing Mr. Stukaloff, addressed the Council and presented photographs of the building in question for their information. Mr. Goldman made a lengthy presentation requesting approval of the appeal and indicating the hardship that would be imposed on Mr. Stukaloff by denial of the appeal. Mr. Goldman responded to questions from the City Council. Discussion followed. Mr. Bebek, 114 Ocean Avenue, spoke in favor of granting the appeal. Mayor McKnew invited members of the audience wishing to speak in opposition to the appeal to come to the microphone, state his name and address for the record. Mr. Laurence Peters, 211 Ocean Avenue, spoke against the appeal, stating violation of the zoning ordinance and requesting that the building be altered to comply with those zoning requirements. Mrs. Fleming, 209 Ocean Avenue, spoke against the appeal, stating that there was not ample turning radius in the alley and complained of damage to her property caused by inadequate room for heavy equipment and trucks using the alley. Mr. Kenneth Coombs, 201 Ocean Avenue, spoke against the appeal. There were no further communications from the audience; Mayor McKnew declared the public hearing closed. Councilman Kenyon spoke regarding the requirements of the City zoning ordinances and for maintaining those requirements th~oughout the City as set forth in the zoning ordinances. Further discussion followed. I I. ,I 8-26-74 2~3 Kenyon moved, second by Holden, to refer this matter back to the Planning ~ommission, recommending that the building in that the I area. AYES: NOES: ABSENT: question be modified to comply with the rear yard set back and steel posts be moved back to allow a larger t;urning Holden, Kenyon, McKnew None Blackman, Sales Motion carried ORDINANCE NUMBER 941 - WATER WELL STANDARDS - AMENDMENT Ordinance Number 941 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 27, WATER WELL STANDARDS, OF THE SEAL BEACH CITY CODE." Holden moved, second by Kenyon; to waive further reading of Ordinance Number 941, deem that it has had second reading and be passed for adoption. AYES: Holden, Kenyon, McKnew I NOES: None ABSENT: Blackman, Sales Motion carried I was presented to Council by title" Reconsidered and adopted at 5eptember 9. 1974 re9u 1 ar meetin9. SOLUTION NUMBER 2352 - STATE EMPLOYEE RETIREMENT SYSTEM - E LEGISLATORS E CITY COUNCIL OF THE CITY OF SEAL B ELECTION OR APPORTIONMENT." Holden move to Resolu1;ion N 235~ as presented" ' AYES: Kenyon ' McKnew Blackman, Sales Motion RESOLUTION NUMBER 2353 - "911" EMERGENCY CALL SYSTEM Resolution Number 2353 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH 8-26-74 2"l.4 t> , . INDICATING ITS INTENT TO PARTICIPATE ,IN THE DEVELOPMENT OF A PLAN FOR ESTABLISHING A "911" EMERGENCY CALL SYSTEM." Mr. Bill Little, Assistant to the City Manager, presented the staff report and stated that the City's Police Chief and Fire Plan "B". Kenyon moved, second by HOlden, to waive further I Chief had studied the plans and indicated their preference of reading and adopt Resolution Number 2353 as presented, indicating their preference of Plan "B". AYES: Holden, Kenyon, McKnew NOES: None ABSENT: Blackman, Sales Motion carried PROPOSED RESOLUTION - ADOPTING A SPECIFIC PLAN - PACIFIC ELECTRIC RIGHT-OF-WAY The proposed resolution was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A SPECIFIC PLAN FOR THE DEVELOPMENT OF THE PACIFIC ELECTRIC RIGHT-OF-WAY." Mr. Neprud, Planning Director, presented the staff report and the Planning Commission recommendation that I a bike path be placed on the Right-of-Way, that the portion of the , " roadbed that had been allocated for bike lanes be incorpora~ed into the greenbelt, thus increasing the width of the greenbelt to 116 feet and reducing the width of the roadbeds of both Electric Avenues from 30 feet to 22 feet and that provisions should be made for adequate turning radius for emergency vehicles going into and out of alleys. Mr. Neprud,further stated that memorandums had been received from the Police Chief, Fire Chief and Public Works Director, expressing their opinions regarding the recommendation of the Planning Commission. Discussion followed with members of the City Council deliberating the matter of placement of the bicycle lanes. 'I Councilman Holden moved to waive further reading and adopt the proposed resolution, that condition number 4 of the resolution read "That the bike lanes be placed on the roadbeds as in Concept 113 of the Specific, Plan" and that condition number 5 of the resolution read "That the greenbelt be 100 feet wide and the 8-26-74 2:t5 roadbeds of both Electric Avenues be 30 feet wide." Mayor McKnew seconded the motion. Councilman Kenyon requested that the proposed resolution be held over for consideration until a full Council was present. Discussion I followed. Councilman Holden withdrew his motion with consent of the second. Kenyon moved; second by'McKnew to hold over the proposed resolution for consideration at the September 9 meeting when the full Council would be present; AYES: HOlden, Kenyon, McKnew NOES: None ABSENT: ' Blackman, Sales Motion carried RESOLUTION NUMBER 2354 - COMPLETION - ADDITION TO FIRE STATION NO. 1 - PROJECT NUMBER 378 " Resolution Number 2354 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARENG WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT I NO. 378, ADDITION TO FIRE STATION NO.1, IN ACCORDANCE WITH CONTRACT ,- ENTERED INTO BETWEEN BILL FERGUSON AND CITY OF SEAL BEACH." Holden moved, second by McKnew, to waive further reading and adopt Resolution Number 2354 as presented. AYES: Holden, Kenyon, McKnew NOES: None ABSENT: Blackman, Sales Motion carried RESOLUTION NUMBER 2355 - COMPLETION - IMPROVEMENTS TO SEAL BEACH BOULEVARD ~:PROJECT NO. 379 Resolution Number 2355 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING I WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 379, IMPROVEMENTS TO SEAL BEACH BOULEVARD IN THE'VICINITY OF ST. ANDREWS DRIVE, IN ACCORDANCE WITH CONTRACT ENTERED 'INTO BETWEEN SILVERI & RUIZ CONSTRUCTION CO. AND CITY OF SEAL BEACH." Kenyon moved, second by,McKnew to waive- further reading and adopt Resolution Number 2355 as presented. AYES: Holden, Kenyon, McKnew NOES: None ABSENT: Blackman, Sales Motion carried 8-26-74 2.~~. CONSENT CALENDAR Mr. Watson, City Attorney requested that Items "G" and "L" be removed from the Consent Calendar. Holden moved, second by Kenyon, to approve the recommended action for i terns on the Consent Calendar excepting Items "G" and "L" as presented. A. Approved the minutes of the regular Council I meeting of August 12, 1974 as presented. B. Approved regular demands numbered 12382 through " 12526 in the amount of $64,671.79; payr.oll demands numbered 3650 through 3896 in the amount of $113,817.27; and transfers in the amount of $521,876.56 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Received and filed Resolution No. 1581 from City of Westminster re opposing increase in property tax assessments by the Orange County Tax Assessor. I D. Approved request from the City Manager to be excused from the September 9, 1974 City. Council meeting. E. Approved agreement between cities of Seal Beach and Huntington Beach for full use of fire training facility and authorized the Mayor to execute. F. Denied claim of Richard Earl Moore for personal injuries and referred same to the city's insurance carrier. H. Denied claim of Elaine Lesher for personal injuries and referred same'to the city's insurance carrier. I. Affirmed Use Variance UV-3-74 for on-sale beer and wine at Italian delicatessam at 1013 Pacific Coast I Highway. J. Approved plans and specifications to slurry coat additional streets in College Park East and authorize the City Manager to obtain bids. 8-26-74 *'-7 K. Approved joint powers agreement between cities of Seal Beach and Los Alamitos to install ,traffic signal at Lampson Avenue and Tulip, Street and authorized the Mayor to execute. I AYES: HOlden, Kenyon, McKnew, NOES: None ABSENT: Blackman, Sales Motion carried Items Removed From The Consent Calendar ITEM "G" - CLAIM -, MARILYN SKIDMORE The Ci~y Attorney recommended that this item be referred to the city's insurance ~arrier with no further action. McKnew moved, second by Holden, t~ refer the claim of Marilyn Skidmore for personal injur~es to the city's insurance carrier with no further actio~, as recommended by the City Attorney. AYES: _ Holden, Kenyon, McKnew NOES: None ABSENT : Blackman, Sales Motion carried I ITEM "L" - GRANT OF EASEMENT - SOUTHERN CALIFORNIA EDISON COMPANY The City Attorney requested further information regarding the Grant of Easement to, the Southern California Edison Company. McKnew moved, second by Holden, to app!ove the Grant of Easement to the Southern California Edison Company for installation and maintenance of their underground lines along Pacific Coast Highway and authorized the Mayor to execute. AYES: Holden, Keny'on, McKnew . , NOES: None ABSENT: Blackman, Sales Motion carried " REPORT - CENSUS I' , . Mr. Courtell!arche, City Manager, reported on the countywide census , ,I I scheduled, to begin January 1, 1976 and the estimated cost to , . . .... ',. this city to participate in the countywide census. ,Holden moved, . , second by McKnew, to indicate this city'S in~er~st in participating in the 1976 countywide census and that the City Manager notify the County of Orange of this city's intent. , , , 8-26-74 2.-t8 , AYES: Holden, Kenyon, McKnew NOES: None' ABSENT: Blackman, Sales Motion carried REPORT - ORANGE COUNTY FAIR_HOUSING COUNCIL Mr. Courtemarche, City Manager, reported on the communication " I received from the Orange County Fair Housing Council requesting financial aid and stated that a representative of that organization was present in the audience. Molly McGee, member of the Executive Board of the Orange County Fiar Housing Council, explained'the function of the Fair Housing Council and that their request for financial assistance was based on population, and that the requested amount from the City 'of Seal Beach was approximatelY'$750. Discussion followed with Miss McGee and Mildred Miller, Executive Director of the Fair 'Housing Council, responding to questions from Councilmen present. It was the order of the Chair with consent of Council present to receive and file the City Manager's report and to hold this matter over until a full Council would be present. I., REPORT - MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Mr. Halldin, City Engineer, presented a report to the Council regarding proposal by the Municipal Water District of Orange County for water and treatment facilities for water services to the southeasterly portion of Orange County, noting that the proposal also provided for spreading the cost of such facilities over large areas of the County that would be receiving no benefit from these facilities. Mr. Halldin stated that many Orange County cities had opposed the proposal and recommended that the cost should be based on benefit. COUNCIL REPORTS and REQUESTS Councilman Kenyon and Mayor McKnew stated that they would be unable to attend the next meeting of SCAG at the.Newporter Inn. I The City Manager was directed to designate a member of the staff to attend the meeting. Mayor McKnew reported on actions taken regarding the Los Alamitos Air Station by the Airport'Land Use Commission, stating that a - 8-26-72."t9 report from that Commission would be forthcoming and this matter would be coming before the full Council in the near future. ORAL COMMUNICATIONS Mayor McKnew declared oral communications open from the audience. I Jay Covington.. 4S57,Candleberry Avenue, requested information regarding the Orange County Airport Land Use Commission decision for the Los Alamitos Air Station and regarding the public hearing by the Commission on the 7.85 acre Bixby parcel of land. The City Manager responded to his questions. Mr. Covington also questioned the issuance of a grading permit to .the Bixby Ranch Company. Adah Winters, 1507 Electric Avenue, complained of the trash problem in the downtown area, made reference to Ordinance Number 650 with regard to specifications for trash containers and submitted pictures to the Council for their information. Councilman Kenyon informed Mrs. Winters that the staff was involved in a study of the trash and rubbish problem, that I their findings had been forwarded to the City Attorney and that the matter would be coming before the full Council in the near future. Ira Cohen, 1125 Fathom Avenue, invited the Council to attend a meeting of the Pet Owners Coalition at the Marina Community Center, August 27, at 7:30 p.m. There were no other oral communications; Mayor McKnew declared oral communications closed. ADJOURNMENT Holden moved, second by Kenyon, to adjourn the meeting at 10:30 p.m. AYES: Holden, Kenyon, McKnew NOES: None ABSENT: Blackman, Sales Motion carried I " ty Clerk and ex-o the Seal Beach Cit App....., ~ r:t- PJ ~.+ Mayor ATTEST: ,