HomeMy WebLinkAboutCC Min 1971-11-22
11-22-71
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Seal Beach, California
November 22, 1971
The City Council of the City of Seal Beach met in regular
session at 8:00 p.m. with Mayor Holden calling the meeting
to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Holden
Councilmen Barnes, Blackman, Sales, Smith
None
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Absent:
Also present:
Robert Myers, City Manager
Dennis Courtemarche, Assistant City Manager
Glenn Watson, City Attorney
Mayor Holden read the note of appreciation from Char1es
Wackerman, Director of the McGaugh School Band, for the
assistance given by the City relative to the Band Review
Day Parade.
PUBLIC HEARING - KAY HILLMAN - CP-1-71
Mayor Holden opened the public hearing to consider the appeal
of Kay Hillman to Planning Commission denial of Conditional
Use Permit, CP-1-71, to permit on-premises sale of beer and
wine and addition of further eating facilities. The City Clerk
stated that notices had been posted and mailed pursuant to the
City Code and further stated that written co~unications had
been received from Kay Hillman, copies of which had been
distributed to the Council prior to meeting. Mr. Neprud,
Planning Department, presented the Staff report relating to the
Conditional Use Permit and consequent appeal. Kay Hillman
spoke for granting the permit and referred to the petition
signed by local businessmen as part of the written communications
filed with the Clerk. There were no other communications either
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for or against the matter from the audience. The Mayor closed
the public hearing.
Councilman Smith referred to the letter from the Chief of Police
regarding this re~uest. Councilman Blackman and Barnes spoke
for upholding the Planning Commission denial.
Sales moved, second by BlaCkman, to uphold Planning Commission
Resolution No. 586, denying Conditional Use Permit, CP-1-71,
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(Hillman).
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AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
PUBLIC HEARING - V-26-71 - MILEK
Mayor Holden opened the public hearing to consider the appeal of
Donald L. Milek, to Planning Commission denial of Variance V-26-71,
regarding construction of a room addition with lot coverage exceeding
prescribed percentage. The City Clerk stated that notices had been
posted and mailed as required by the City Code. Mr. Neprud, Planning
Department, presented a Staff report on the matter and further stated
that the Staff would be undergoing an investigation relating to lot
coverage in this area, that would be presented to Council upon
completion. Councilman Sales asked the City Attorney what the
procedure should be relating to this Staff report and the public
hearing now in process. The City Attorney stated that this
would be new evidence and could be referred back to the
Planning Commission or the public hearing continued to
hear this new evidence, and further stated that public hearings
can be continued from 30 to 60 days. Councilman Blackman
stated that the established 40 per cent lot coyerage would
not be changed by any new evidence. Mr. Watson advised that
all evidence be considered by the Council. Mr. Milek spoke
for granting the Variance on the basis that two models in his
area, specifically Model 15 and 19, had greater lot coverage.
Councilman Barnes spoke for continuing the hearing. Barnes
moved, second by Sales to continue the hearing to December 27,
at 8:00 p.m.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
PUBLIC ,HEARING - ROBERT HIBBING - V-27-71
Mayor Holden opened the public hearing to consider the appeal
of Robert Hibbing to Planning Commission denial of Variance
V-27-71. The City Clerk stated that notices had been posted
and mailed as required by the City Code. The Mayor stated
that he had been notified that Mr. Hibbing, the appellant,
had been in an accident and therefore requested a continuance.
Blackman moved, second by Sales to continue the hearing to
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December 13. 1971, 8:00 p.m.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
PUBLIC HEARING - FOTOMAT CORPORATION - UV~5-71
The Mayor opened the public hearing to consider the appeal of
Mullins - Fotomat Corporation to consider Planning Commission
denial of Use Variance UV-5-71. The City Clerk stated that
notices had been posted and mailed as required by the City Code.
Mr. Neprud summarized the staff report. There were no
communications from the audience either for or against the
matter. Mayor Holden declared the public hearing closed.
Smith moved, second by Blackman to uphold the Planning
Commission Resolution No. 578.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
V-15-71 - STAN MILLER
Sales moved, second by Barnes to approve appeal application
No. A-4-71, subject to the conditions stated in Planning
Commission Resolution No. 587.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None ~loti on carri ed
V-21-7l - EMANUEL GYLER
The City Council reconsidered the application of Emanuel Gyler
with the report from the Planning Commission on Appeal A-6-71
and related consideration of conditional conditions.
Mr. Gyler spoke at some length for granting the appeal. Discussion
followed. Sales moved, second by Blackman to approve Planning
Commission Resolution No. 588, conditionally approving appeal
A-6-71.
AYES: Barnes, Blackman, Holden. Sales, Smith
NOES: None r~otion carried
COUNCILMANIC REDISTRICTING
Proposed Ordinance entitled "AN ORDINANCE OF THE CITY OF SEAL
BEACH, CALIFORNIA, REAPPORTIONING THE COUNCILMANIC DISTRICTS
OF THE CITY OF SEAL BEACH, AND AMENDING SECTION 2-70 OF THE
CODE OF THE CITY OF SEAL BEACH," was presented to Council'.
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The report from the Redistricting Committee with the accepted
plan attached was received by Council. The City Manager
reported on two changes in the plan presented, one, that the
Leisure World Shopping Genter be included in Councilmanic
District Three to provide a polling place, no population
involved with this change, and two, the line on the map
presented had excluded the Trailer Park from District One, but
the population figures had been correctly placed. Mayor Holden
stated that the population figures were extremely close in the
proposed plan. Discussion followed. Blackman moved, second
by Sales, to waive the first reading of the proposed ordinance,
deem that it has had first reading, and be passed to second
reading, adopting the plan as submitted by the Redistricting
Committee with the changes as noted by the City Manager.
Further discussion followed with members of the audience speaking
on the matter. Mr. Mere~ith of the Redistricting Committee spoke
regarding his dissenting vote on the plan as presented. Mr. Smith
of the Redistricting Committee spoke regarding the procedure the
Committee used to arrive at the plan presented. Mayor Holden
called a recess at 9:40 p.m.
The City Council reconvened at 10:00 p.m. with Mayor Holden
calling the meeting to order.
Mr. Dinon of the Redistricting Committee spoke regarding the
minority report he had submitted. Further discussion followed.
Mayor Holden established that the Ordinance Number would be 862
and called for the vote.
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AYES: j lackman, Holden, Sales
NOES:
Barnes, Smith
Motion carried
PUBLIC HEARING SET - CIVIL SERVICE RULES
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Sales moved, second by Barnes to set the public hearing to
consider amending Rule X of the Civil Service Board Personnel
Rules and Regulations extending the probationary period of
employment for newly hired police and fire personnel to one
year for 8:00 p.m., Monday, December 13, 1971 in Council Chambers.
AYES:
NOES:
Barnes, Blackman, Holden, Sales, Smith
None
Motion carried
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ORANGE COUNTY SANITATION DISTRICTS - PROPOSED AGREEMENT
Mayor Holden requested Council direction regarding the Joint
Board of Orange County Sanitation Districts' recommendation to
revise. fee schedules and organizational structure of County
Sanitation Districts. Discussion followed. Blackman moved,
second by Sales, that our representative be authorized to
oppose the agreement as recommended.
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AYES:
NOES:
Barnes, Blackman, Holden, Sales, Smith
None
Motion carried
RESOLUTION NUMBER 2040 - DISCHARGE IN OPEN OCEAN WATERS
Resol ution Number 2040 was presented by title "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
REQUESTING THE STATE WATER RESOURCES CONTROL BOARD TO
POSTPONE DECISIONS ON THE IMPLEMENTATION OF THE PROPOSED
STATE POLICY FOR DISCHARGE TO OPEN OCEAN WATERS UNTIL THE
CONCLUSION OF THE SOUTHERN CALIFORNIA WATER RESEARCH
PROJECT STUDIES." Holden moved, second by Sales to waive
further reading and adopt Resolution Number 2040.
AYES:
NOES:
Barnes. Blackman, Holden, Sales, Smith
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None
Motion carried
REGULAT.ION OF PARADES
It was the order of the Chair. with consent of Council to hold
this item over for consideration at a later date.
RATE INCREASE - TAXI CAB SERVICE
Sales moved, second by Barnes to approve the request for taxicab
service rate increase from Diamond Cab and Yellow Cab.
AYES:
NOES:
Barnes, BlaCkman, Holden, Sales, Smith
None
Motion carried
CONSENT CALENDAR
Blackman moved, second by Barnes to affirm the recommended
action on the Consent Calendar, as follows:
A. Approved minutes of Joint Meeting of the E.Q.C.B. and
Council, November 4; City Council regular adjourned
meeting, November 8; and regular City Council meeting,
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November 8, 1971.
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B. Approved regular demands numbered 1377 through
1549 in the amount of $92,721.42; payroll demands
numbered 1705 through 1875 in the amount of
$58,233.32, and Transfers (to 1968 water bond) in
the amount of $34,087.07 and authorized that
warrants be drawn on the Treasury for the same.
C. Approved plans and specifications and authorized
the City Manager to invite bids for Project #352,
Replacement of Two Wooden Pilings, Municipal Pier.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
COMMUNICATION - SPACE SHUTTLE PROGRAM
The letter and resolution from the City of Brea urging support
to secure Space Shuttle Program for the State of California
was received by Council. Sales requested that a similar
resolution ~e prepared for next Council Meeting, said
resolution to include specific statments regarding effectivity
on Seal Beach. It was the order of the Chair with consent of
Council that such a resolution be prepared for next meeting,
UNDERGROUND UTILITY REPORT
The report from the City Engineer regarding the Underground
Utility Advisory Committee Report was received by Council. Sales
moved, second by Blackman that the City Engineer be directed to
consult with utility companies and prepare detailed reports in
accordance with Ordinance Number 747.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: NOJlle Motion carried
CONTINUED REMODELING - POLICE FACILITIES
Smith moved, second by Sales to approve the plans and authorize
that the work be performed by City employees and purchase orders
for material and minor specialty work by others when necessary
for remodeling of existing Police Facilities.
AYES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
ORANGE COUNTY CRIMINAL JUSTICE COUNCIL
Communication regarding the Orange County Criminal Justice Council
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was received by Council. Police Chief, Lee Case, reported to
the Council on the project and requested that the City sponsor
same so that Federal Grant Funds could be received. Smith moved,
second by Blackman that Seal Beach sponsor the project and
authorize the City Manager to execute same.
AVES: Barnes, Blackman, Holden, Sales, Smith
NOES: None Motion carried
ORAL COMMUNICATIONS
Gordon Shanks, 215 Surf Place, spoke regarding open parking lots
for Parade Review Day when it is held in off-season. The Council
requested that a survey be made regarding this request prior to the
next year parade. Julie Dorr, 231 - 6th Street, asked if the
Redistricting Ordinance would be presented to LAFCO. The City
Attorney replied in the negative. Miss Dorr further requested
information regarding class action suits or taxpayer suits. The
City Attorney responded to her question. There were no further
oral communications. Oral Communications were closed.
The City Council recessed to Executive Personnel Session at 11:00 p.m.
and reconvened at 12:05 a.m.
CITY MANAGER RESIGNATION
Holden moved, second by Sales to approve the Agreement of
Resignation from Robert E. Myers. The City Attorney read the
Agreement in full. Discussion followed.
AYES: Blackman, Holden, Sales
NOES: Smith
ABSTAIN: Barnes Motion carried
Holden moved, second by Sales to appoint Dennis Courtemarche as
Acting City Manager, effective immediately.
AYES: Barnes, Blackman, Holden, Sales
NOES: None
ABSTAIN: Smith Motion carried
ADJOURNr~ENT
Sales moved, second by Holden to adjourn to November 29, 1971 at
8:00 p.m.
AYES:
NOES:
Barnes, Blackman, Holden, Sales, Smith
None Motion carried
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The meeting adjourned at 12:13 a.m.
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Approved:
JJ7G~
, M(yor
ATTEST:
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City erk
Seal Beach, California
November 29, 1971
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The City Council of the City of Seal Beach met in regular
adjourned session at 8:00 p.m. with Mayor Holden calling
the meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Holden
Councilman Barnes, Blackman, Sales, Smith
Absent: None
Also present: Dennis Courtemarche, Acting City Manager
Fritz Keeler, City Attorney
Bob Neprud. Planning Department
Jim VanDerhyden, Administrative Assistant
ORDINANCE NUMBER 862 - COUNCILMANIC DISTRICTS
At the request of the Council, Mr. Keeler affirmed the procedure
required for first and second readings of Ordinances pursuant
to the Charter, stating that on second reading an Ordinance
must be read unless a unanimous vote to waive reading was given.
Ordinance Number 862 was read in full entitled "AN ORDINANCE
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OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY,
REAPPORTIONING THE COUNCILMANIC DISTRICTS OF THE CITY OF SEAL
BEACH AND AMENDING SECTION 2-70 OF THE CODE OF THE CITY OF
SEAL BEACH." An error was noted in the third paragraph of
District One and paragraph two of District Three, Parcel B.
A member of the Engineering Department present verified that
the legal descriptions were correct as read. Discussion followed
with members of the audience speaking on the matter.