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HomeMy WebLinkAboutCC Min 1975-06-09 5-31-75 / 6-9-75 '::1-,116 regarding the formation of a Main Street Assessment District to purchase the vacant property located at Main and Ocean. Mrs. Barton "requested parking ,control increase in Distric~ One. ORAL COMMUN'ICATIONS George Supple, Golden Rain Foundation President, reques:ted.!IJl, exemption of the Leisure World residents from the utility users I tax. Jack Davis, Administrator for the Golden Rain Foundation, .. noted the precedent for exemption of taxes for senior citizens and noted the example of rebate on real property tax based on, annual income Qf $10,000 or less with graduation according to means concept. There were no other oral communications. ADJOURNMENT Council adjourned by unanimous vote at l:30 p~m. , Clerk and ex-officio clerk of Beach City Council Approved: ~. ~~.~~\-.-- May r " , I ATTEST: ,; , ,. Seal Beach, California June 9, 1975 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. At the request of May.or ProTempore' Sales, "Mrs. Lanning, Chairman of the Pla.nnl,ng Commission; led the Salute to I the Flag. ", ROLL CALL Present: Mayor ProTempore Sales COurlcilmembers Barton, Blackman, Holden Absent: , Mayor McKnew I O' I I 6-9-75 ~;J&:l7 Also present: Mr. Courtemarche, City Manager Mr. Morgan, City Treasurer 'Mr. Watson, City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director It was established that Mayor McKnew's absence from the meeting was excused. WAIVER OF FULL READING -. Blackman moved, second by HOlden, to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading shall be deemed to be given by all Council members after reading of the title unless specific request is made at that time for the'reading of such ordinance or resolution. AYES: NOES: ABSENI': PROCLAMATION Barton, Blackman, HOlden, Sales None McKnew Motion carried Mayor ProTempore Sales p~claimed July 4, 1975 as "Honor America Day." AGENDA AMENDED The City Manager requested that the agenda be amended to include an ordinance of the City of Seal Beach pertaining to infractions as Item VIII-D-I and a resolution of the City of Seal Beach requesting Orange County Transit District to establish a bus route along Pacific Coast Highway as Item VIII-I. Blackman moved, second by HOlden, to amend the agenda to include Item'VIII-D-I and Item VIII-I as reco/lllllended. AYES: NOES: Barton, Blackman, HOlden, Sales None ABSENT: : McKnew Motion carried PUBLIC 'HEARING -'APPEAL ~ A-l~75 - J0SEPH,DAVIS Mayor ProTempore Sales declared the public hearing open to consider Appeal A-1-75 of Joseph Davis to Planning Commission denial of Variance V~ll~75 for'a lot split of two lots of record to create three lots with variance for less than required minimum width. The City Clerk certified that notices had been published and mailed as 6-9-75 ,Jig. required by law and that a copy of the proposed.plan,for the area had been provided the Council by the a.ppellant,:Mr. Davis. Mr. Neprud, Planning Director, presented the staff report a~d actions of the Planning Commission. , -' Mayor ProTempore Sales invited members' of the audienc~ wishing to speak in favor of the appeal to come to the microphone and state his name a.nd address for the.record. Joseph Davis, l096l Bloomfield Street, Los Alamitos, spoke for granting the appeal and noted that the common I driveways preserved additional curb parking spaces and presented the lot plan to the Council. No one spoke in opposition to the appeal. Mayor ProTempore ~ales declared the public hearing closed. Councilman Holden spoke in favor of the plan and granting the appeal on the basis that it provided for single family residences rather than commercial development and moved to refer the matter back to the Planning Commission with the recommendation that they approve the' appeal because the proposed plan would provide residential street traffic and eliminate the possibility of commercial deyelopment with ingress and egress off ,:the maj or highways. Councilmember Barton seconded the motion. I AYES: Barton, Blackman, Holden, Sales NOES: None . ABSENT: McKnew Motion carried PUBLIC HEARING - APPEAL - A-2-75, - ROBERT HERRON Mayor ProTempore Sales declared the public hearing open to consider . , l Appeal A-2-75 of Robert Herron to Planning Commission,4enial ~f Variance V-8-75 for, a second level deck. extension' into the Surfs ide Colony leased land adjacent to "A" row. The City ,Clerk certified that no~ices had been published and mailed as required by law and read one communication recieved from Robert ,G. Freeman~..M.D;, in favor of the appeal and requesti.ng postponment of the appeal to late July. Councilman Holden stated that he was in favor of postponing the public hearing,until after the,~urfside Shareholders meeting, July 20th, Mr. Neprud, Planni.ng Director, presented the staff I report and recommendations of the Planning Commission. 6-9-75 ~, Mayor ProTempore Sales invited members of the audience wishing to speak to the matter under consideration ..to come to the microphone and state hiS name and address for the record. Robert Herron, A-68, I Surfside Colony, stated that he did not wish to be sworn and explained that the enlarged area of the deck would provide greater utiliiation 'of the second story living area, additional area for children to play, noted that the varied sizes -of the three-story decks provided an additional means of escape in 'case of fire, and requested approval of the variance. Dr. Ronald Smith, A-67, Surfs ide , spoke in favor'of the' improvements and stated that he did not feeliit obstructed anyone's view. Bob Stinson, A-75, Surfside, spoke in favor of the improvements and for postponement of the hearing until after the Surfs ide Shareholders meeting. Al Daly, A-69, William Siverson, Ray Grazer, A-28 and Hugh Leonard, B-68, Surfs ide , spoke in favor of the appeal. Mr. Hal Chauncey, A-l08, Surfside, spoke in'opposition to the appeal. I James Gavin, A-50, Surfside, was opposed to granting the appeal on the' basis 'that the appellant was well aware of the laws of the city and the lease of Surfs ide Colony Board requiring -limitation on decks:. Councilman Holden moved that the public hearing for consideration of Appeal A-2-75 be continued to the City Council meeting of August 11, 1975, at 8:00 o'clock p.m. Councilman Blackman seconded the motion. AYES: NOES: Barton, Blackman, Holden,' Sales " None ABSENT : McKnew Motion carried INFORMAL HEARING - RELOCATION OF ELECTRIC AVENUE 'PALM TREES I Mr. Halldin, City Engineer, presented the staff report and background data relati~g to relocation of the Electric Avenue palm trees to the First Street median. The pros and'cons of moving the palm trees was discussed at length. Sales moved, second by Holden, to authorize the transplanting of the palm trees from Electric Avenue ,to the First Street median between Pacific Coast Highway and Marina Drive. 6-9-75 ~,~.tl, ,~, or'll20 AYES: Holden, Sales NOES: ABSENI': Barton, Blackman McKn~ Motion failed ORDINANCE NUMBER 962 - SIDEWALK' EN€ROACHMENTS - MAIN STREET. . -, Ordinance'Number'962 was presented to Council for second reading I by title "AN ORDINANCE OF THE -CITY OF SEAL BEACH AMENDING THE BUILDING CODE TO ALLOW STRUCTURES AND APPENDAGES TO PROJECT BEYOND THE PROPERTY'LINE AND BE SUPPORTED-FROM PUBLIC PROPERTY BY THE ADDITION OF SEC. 5-l04.l TO ARTICLE V, CHAPTER 5 OF THE CITY CODE." By unanimous consllIlt, full reading of erdinance Number ,962 was waived. Holden moved, second'by Sales, to adopt Ordinance NI.DIlber,962 as.presented: AYES: Barton, ,Blackman, HOldllIl, Sales NOES: ABSENT: None McKnew Motion carried ORDINANCE :NUMBER 963 - MOTOR VEHCILES and TRAFFIC Ordinance Number ,963 was presented to Council for second reading I by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER l3 PERTAINING TO MOTOR, VEHICLES-AND TRAFFIC-AND'AMENDING THE CeDE OF THE CITY OF SEAL )lEACH, CALIFORNIA." ,By unanimous consent, full reading of Ordinance NI.DIlber,963 was waived. B~a~kman moved, second by Holden, to adopt Ordinance Number 963 as presented. AYES: NOES: ABSENT,: " - Barton. Blackman, HOlden,'Sales. None McKnew Motion carried ORDINANCE NUMBER 964 - CITY CLERK-COMPENSATION and, PROPOSED ORDINANCE - CITY 'TREASURER COMPENSATION" , Ordinance Number 964 was presented to Council for first read~ng by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, FIXING THE COMPENSATION OF THE CITY 'CLERK AND AMENDING THE I CODE OF THE CITY OF SEAL BEACH." Mayor ProTempore Sales moved to table Ordinance Nl.DIlber 964 and the proposed Ordinance for compensation of the City Treasurer until completion of budget study sessions. Councilmember Barton seconded the motion. 6-9-75 {~jt21 AYES: NOES: ABSENT: Barton, Blackman, HOlden, Sales None McKnew Motion carried I Councilman Sales stated that he. would like his expenses from the City reduced $25.00. Councilmember Barton stated that she would also like her expenses reduced $25.00. The City Attorney gave his advise on the matter. ORDINANCE NUMBER 965 - INFRA€TIONS Ordinance Number 965 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, PERTAINING TO INFRACTIONS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 965 was waived. Holden moved, second by Blackman, to approve the introduction of Ordinance Nl.DIlber 965 and that it be passed to second reading. AYES: Barton, Blackman, HOlden, Sales I NOES: ABSENT: None McKnew Motion carried ORDINANCE NUMBER '966 - OFFENSES'- LICENSING - ANIMALS and'FOWL Ordinance Number 966 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH IDENTIFYING CERTAIN OFFENSES PERTAINING TO ANIMALS'AND FOWL AS INFRACTIONS, BRINGING THE LICENSING REQUIREMENT INTO CONFORMITY WITH STATE LAW AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, fUll reading of Ordinance Number 966 was,waived. Blackman moved, second by Holden, to approve the introduction of Ordinance Number 966, and that it be passed to second reading: I AYES: NOES: ABSENT: Barton, Blackman, Holden, Sales None McKnew Motion carried RESOLUTION NUMBBR..2440 - REQUESTING FUNDS FOR BIKBWAY FINANCING BE ENCUMBERED Resolution Number 2440 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THAT FUNDS APPROPRIATED BY THE BOARD OF SUPERVISORS FOR COUNTYWIDE 6-9-75 ,'".,(~22 (v./' ;''' COOPERATIVE BIKEWAY FINANCING PROGRAM PROJECTS 74-l6l, PACIFIC COAST HIGHWAY,_ AND ,74-l63, SAN GABRIEL RIVER, BE ENCUMBERED FOR USE IN THE 1975:16 FISCAL YEAR." By unanimous consent, full reading of Resolution Number ,2440 was waived. Sales moved, second by Holden, to adopt Resolution Number 2440 as presented. AYES: NOES: ABSENT: Barton, Blackman, Holden, - Sales I None McKnew Motion carried RESOLUTION NUMBER ,2441 - SUPPORTING DEVELOPMENT OF NUCLEAR ENERGY IN CALIFORNIA Resolution Number 244l was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING THE DEVELOPMENT OF NUCLEAR ENERGY IN CALIFORNIA." By unanim~s consent, full reading o~ Resolution NuDiber 244l was waived. Holden moved, second by Blackman, to adopt Resolution NuDiber 2441 as presented. Councilman Holden requested that this Resolution be forwarded to the appropriate legislators. AYES: Barton, Blackman, HOlden, Sales I NOES: None ABSENT: McKnew Motion carried RESOLUTION NUMBER 2442 - ORDERING PREPARATION OF BOUNDARY MAP - ASSESSMENT DISTRICT 74-1 Resolution Number 2442 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING PREPARATION OF BOUNDARY MAP FOR SEAL BEACH ASSESSMENT DISTRICT ,74-1." By unanimous consent, full reading of Resolution Number 2442 was waived. Holden moved, second by Sales, to adopt Resolution Number 2442 as presented. AYES: NOES: Barton, Blackman, HOlden, Sales None ABSENT: McKnew Motion carried I RESOLUTION-NUMBER-2443 - ORANGE COUNTY ,TRANSIT ,DISTRICT BUS ROUTE - PACIFIC 'COAST HIGHWAY Resolution Number 2443 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING ORANGE COUNTY TRANSIT DISTRICT TO ESTABLISH A BUS ROUTE ALONG PACIFIC COAST HIGHWAY." By unanimous consent, full reading of Resolution 6-9-75 C\{'. ,. '..... t,~'3 Nl.DIlber ,2443 was waived. Discussion followed with consensus of the I Council that the City Manager inves~igate establishment of a bus roUte from the Seal'Beach area to L~ Beach State University and the Veterans Hospital' area: . Blackman moved, second by Holden, to adopt Resolution Number '2443'as'presented. AYES: Barton; Blackman, HOlden; 'Sales NOES: ABSENT:' None " McKnew Motion carried CONSENT CALENDAR The City Clerk requested that Item "A" be removed from the Consent Calendar; the City Attorney requested that Item "G" be removed from the Consent Calendar; and COIBlcilmember Barton requested that Item "L" be removed frOJll the Consent Calendar. Holden moved, second by Blaclonan, to approve the recommended action for items on the Consent Calendar except Items "A", "G" and "L" as presented. B. Approved regular demands numbered l5l67 through '15282 in the amount of $158,720.41 and payroll demands numbered 7864 through 809l in the amount of $lOl,835.76 I as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Received and filed memorandum from Intergovernmental Coordinating Council re Resolution Service. D. Denied claim of Patrick Heartt for personal injuries , ' !l!!4 re;ferred same to the city'S :i.n~urance carrier.. E-. Denied claim of Dennis Keehan for personal injuries and referred same to the city's insurance carrier. F. Denied claim of Joseph Sheridan for personal injuries and referred same to the city's insurance carrier. H. Approved agreement between City of Seal Beach and Santa I Ana College Foundation for joining the Fire Science . , , Library and authorized the Mayor and City Clerk to execute. I. Referred complaint by oil companies for recovery of Ad Valorem taxes to the City Attorney for disposition. 6-9-75 ~"."") ~""'~24: " J. Approved, request from.Seal B,each ~rt Show to use Eisenhower Park on Juiy ,27, i975 for the art show. , , K. Supported City of Huntington Beach request that Orange ,County share equally in,the cost of relocation of waterline at t~e Anaheim-Barber City Channel. I AYES: Barton, Blackma~, HOlden, Sales NOES: None ABSENT: , Motion carried McKnew Items Removed From The Consent Calendar ITEM "A" - COUN€IL MINUTES The City Clerk stated that an oversight had occurred on the vote for Ordinance NUJIlber 954 and recommended that the minutes be corrected to reflect an abstention by Councilmembers Barton and Sales because they were not present at the public hearing. Councilmembers Barton and Sales agreed that their vote should read abstain. Councilman Sales requested a change in wording of the minutes of the regular adjourned meeting of May 3l for budget study session and clarified said wording and moved to approve the Council minutes of May ,27, 1975 I and May 31, 1975 as corrected. Councilmember Barton seconded the motion. AYES: Barton, Blackman, Holden, Sales NOES: None ABSENT: Motion carried McKnew ITEM "G" - CLAIM - JOSEPH JOHN CARRI The City Attorney stated that the claim presented by Joseph John , . I." . Carri included an application,to file late claim, therefore, , . ' recommended to the Council ,~at both the application and the claim be denied within the motion. . , Blackman moved, second by S~les, to deny the application to present claim under Sectio!l 911'.4 of, the Government Code by Joseph John Carr~ and ~lso denY,the la~~ cla~ for personal injuries of Jos!lph John Carri and refer this matter to the city's I insurance carrier. AYES: Barton, Blackm~, Holden, Sales NOES: None ABSENT : Motion carried McKnew 6-9-75 " r:>~ ~'''''O "r.~\'f- J ..: ITEM "L" - DESIGNATION OF -INDIVIDUALS"- DAMAGE ASSESSME,NI' - OFFICE OF EMERGENCY SERVICES CouncilmeDiber Barton questioned the responsibilities of the , . designated individuals. The City Manager responded that the I appointees would be responsible for coordinated assessment of , , damages occurring during an emergency or disaster and stated that , in accordance with our City's em~rgency plan, he was the designated' individual responsible for the pUblic section and that another should be appointed to be responsible for the private section aS,required . . ',' 'I !. . by the State of California Office of Eme,rgency Services. Holden moved, second by Blackm~, to designate Ben Rapp as the person from the private sector to be responsibl~ for damage assessment during an emergency or disaster and authorize notification to the Office of Emergency Service of his selection. AYES: NOES: Barton, Blackman, Holden, SAles None ABSENT : McKnew Motion carried I COMMUNICATION - NATIONAL FAST FOODS, INC. The City Manager read the communication received from Mr. Sam Meyer, Presi~ent of National Fast Foods, Inc. regarding the property located at Main Street and Ocean Avenue. Discussion followed.. Councilman I ' Sales requested that the Planning Director contact Mr. Meyer and . ~ . . apprise him of the fact that the Specific Plan for Main Street was going forward',and that ~he Planning Director !eport back to Council regarding this matter. . , 'I' " REPORT - BEACH PARKING OPERATION Chief of Police, Edward Ci)lbarelli, presented the report on the proposed plan for ~he beach parking lots at lst, 8th and lOth Streets , " and recommended that the parking fee for said lots be increased to $2.00, I that all park~ng meter fees in the City be increased to 25, per hour and that the parking lots be operated by a city attendant. Discussion ,fo~lowed,. Holden moved, second by Sales, to direct the staff to negot~ate, cancel or modify th,e existing contract for operation of the beach parking lots and that the parking fees for the parking lots at 1st, 6-9-75 A "'0'''''''''' ...,., ~; . ';''1 . 8th and lOtp. ,Streets ,~e'j:i.Jlcrea~ed to $2.,00" effective, July 1, 1975. ~ JO.,of .J.'J '..._, I. : . : ~ ....- AYES: Barton, Blackman, Hold~, Sales NOES: ABSENI': None . . , McKnew Motion carried I It was the consensus of the Council that consideration be given to Seal Beach residents, fishermen and surfers utilizing these parking lots. LEASE AGREEMENT - SUMMER' BEACH SERVICE BUS The City Manager presented the report on the lease agreement with Huntington Beach High School District for use of a school bus for summer beach service to College Park East and College Park West areas. Discussion followed. Sales moved, second by Blackman to approve the lease agreement with the Huntington Beach High School District for use of school bus for summer beach service, authorized the City Manager to execute the agreement subject to the approva.l of the City Attorney. AYES: Barton, Blackman, Holden, Sales I NOES: None ABSENI': McKnew Motion carried . Councilman Holden noted that the Leisure World Lions Club were present in the audience and asked the Council to support their action for the Governor to designate the song "Let There Be Peace on Earth and Let it Begin With Me" as the California State Bicentennial song. Reed Havens, l30l Kenwood Road and President of the Seal Beach Leisure World Lions Club, spoke for support of their request. Holden moved, second by Blackman, to direct the Mayor to send a letter to the Governor and our legislators urging their support of this request. AYES: Barton, Blackman, HOlden, Sales I NOES: ABSENT: None McKnew Motion carried Councilman Sales stated that he would be voting at the City's Select Committee on Thursday, for representatives to the Orange 6-9- 75 i! n..,[tf:' j" ,L... I . "".to' County Transportation Committee and state'd that the incumbents, Mr. Hollinden and Mr. Kanel, had served well and he would support their re-election if the CoUncil concurred. Holden moved, second by Blackman, to authorize Mr. Sales to vote I as he had recommended at the City's.Selection Committee meeting. AYES: NOES: ABSENT: Barton, Blackman, Holden, Sales None McKnew Motion carried ORAL COlIIMUNICATIONS Mayor ProTempore Sales declared oral communications open. Councilmember Barton spoke regarding enforcement of the new trash ordinance for District One. The City Attorney advised that there should be no discrimination of enforcement, however, enforcement could be initiated in the area of greatest need. Discussion followed regarding State law requirements of solid waste control and the City Attorney advised that he would review this matter. EXECUTIVE PERSONNEL SESSION I The Council adjourned to Executive Personnel Session at 10:04 p.m. the meeting reconvened at 10:45 p.m. with Mayor ~roTempore Sales calling the meeting to order. Mayor ProTempore Sales stated that the Council had discussed meet and confer matters with various city employee groups and that the City Manager had been given direction. ADJOURNMENT Holden moved, second by Blackman, to adjourn the meeting to time certain, Saturday, June l4, 1975 at 8:00 o'clock ~;m.. for budget study session. I AYES: NOES: ABSENT: Barton, Blackman, HOlden, Sales None McKnew Motion carried The meeting adjourned at lO:48 p;m. of 6-9-75 I 6-14-75 (.,..,:1\ ";"428 " '. '. , . - .- ,) Approved: r I ' " " ATTEST: . ' I Seal., Beach, California June l4, 1975 The City. Council of the City of Seal Beach met in regular adjourned session at 8:00 o'clock a.m. with Mayor McKnew calling the meeting to order with the Salute' to the flag. ROLL CALL Present: Mayor McKnew Councilmembers Barton, Blackman, Holden, Sales Absent: None Also present: Mr. Courtemarche, City Manager Mr. Morgan, City Treasurer Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Thomas, Finance Director Chief Cibbarel~i. Police Department Chief Adams, Fire Department Mr. Osteen, Recreatiop Director Mr. Dorsey, Chief of Lifeguards Mr. Gaudio, Administrative Assistant I BUDGET, STUDY SESSION The City Manager presented his analysis of budget modifications subsequent to Council budget study meeting, May 31, 1975 which provided for a saving ,in the 1975-76 budget of $288,39l.if implemented.. ren additional options were presented~y the Manager for consideration of the Council as additional modifications to the budget. After deliberations on all points, the City Council gave the following directions: Unanimously opposed No. 11 of the proposed modifications I reducing trash pick-up to onc~ a week; the majority Note gave ,direction to provide an exemption for Utility Users Tax for residents over 65 years of age with an adjusted gross annual income of $3500; by majority vote the COlUlcil opposed Item B of the options; unanimously