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HomeMy WebLinkAboutCC Min 1971-12-13 12-13-71 '" ,.,.. '~4 Seal Beach, California December 13, 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 I Absent: None Also present: Dennis Courtemarche, City Manager Fritz Keeler, Deputy City Attorney Bill Murphy, City Engineer Bob Neprud, Planning Assistant Jim VanDerhyden, Administrative Assistant AGENDA AMENDED Smith ,moved, second by Sales to amend the agenda to include consideration of Leisure World water line relocation, as agenda item VII-L. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None ~lotion carried RESOLUTION NUMBER 2042 - HONORING CHARLES R. WACKERMAN Mayor Holden read Resolution Number 2042 entitled "A 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING CHARLES R. WACKERMAN FOR HIS UNSELFISH DEIOTION IN HIS WORK WITH THE SEAL BEACH ELEMENTARY SCHOOL MARCHING BAND." Blackman moved, second by Barnes to adopt Resolution Number 2042 as read. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None ~lotion carried RESOLUTION NUMBER 2043 - COMMENDING McGAUGH SCHOOL BAND AND DRILL TEAM " t~ayor Holden read Resolution Number 2043 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA COMMENDING THE J. H. McGAUGH ELEMENTARY SCHOOL MARCHING BAND AND DRILL TEAM ON THE OUTSTANDING ACCOMPLISHMENTS ACHIEVED AND THE CIVIC PRIDE ITS ACCOMPLISHMENTS HAVE BROUGHT TO THE 1 COM~1UNITY. " Bl ackman moved, second by Sal es to adopt Resolution Number 2043 as read. AYES: NOES: Barnes. Blackman, Holden, Sales, Smith None t-loti on carri ed 12-13-71 R5.. .,!J (.,... I Mr. Wackerman accepted plaques of the City from the Mayor and introduced the Drum Major, the Drill Team Leader and Robert Weaver, Principal of the School, who were present in the audience. The Clerk was directed to ,place the above R~solutions in plaque form for presentation to Mr. Wackerman. PUBLIC HEARING - ~MENDMENT TO CIVIL SERVICE BOARD RULES The public hearing was opened to consider amending Rule X of the Civil Service Board rules and regulations, extending probationary period of employment for newly hired pOlice and fire personnel to one year. The City Clerk stated that notices had been posted as required by law and no communications had been received for or against the matter. Lee Case, Police Chief, spoke in favor of the additional probationary period and added that an additional six months beyond the year would be even more satisfactory. There were no other communications: I The public hearing was closed. The Council discussed the additional six month period. Barnes moved, second by Blackman to amend proposed Resolution Number 2Q44 to extend the probationary period to eighteen months, at the Police and Fire Chief's discretion. Discussion followed with the City Attorney ruling that a Charter revision would be necessary in that case. Mr. Barnes withdrew his motion with consent of the second. RESOLUTION NUMBER 2044 - AMENDMENT TO CIVIL SERVICE BOARD RULES Resolution Number 2044 was presented to Council by title, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, 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." Smith moved, second by Barnes to waive further reading I of Resolution Number 2044. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carri ed Barnes moved, second by Sales to adopt Resolution Number 2044. AYES: NOES: Barnes, Blackman, Holden, Sales. Smith None Motion carried 12-13-71 R6 PUBLIC HEARING - APPEAL OF ROBERT HIBBING - A-9-71 Mayor Holden reopened the public hearing continued from November 22, 1971 concerning Planning Commission denial of Variance V-27-71 to permit conversion of an existing side entry garage into living quarters with encroachments into front yard setback and the construction of a new garage with less than the required width and encroachments into front yard setback on R-l property. The City Clerk stated that she had received communication from John Dodson, supporting the Planning Commission, copies of which had been provided to the Council members. Mr. Neprud, Planning Department, ,.' summarized the Staff report on the matter. Thomas Menser, architect for the appellant, was sworn i~ by the Clerk and spoke for granting the appeal and spoke at length for changing the zoning code to allow 15 foot setback instead of 18 feet. The City Attorney advised that a zone change was not the issue before the Council at this time. Mr. Hibbing was sworn in by the Clerk and spoke for granting the appeal. Members of the Council requested information from Mr. Hibbing and Mr. Neprud on this matter. There were no other communications. The public hearing was closed. Mr. Barnes spoke regarding procedures for changing the zoning code. Mr. Blackman moved to refer the appeal of Mr. Hibbing back to the Planning Commission for consideration of new information concerning the matter. Mr. Sales seconded the motion with the amendment that the referal be made on the 'I 1 grounds of hardship for the following reasons: 1. Diminish the size of the back yard, 2. Reduce the esthetic quality of the property, 3. Economic hardship on the appellant, and 4. The back yard addition would not make a feasible floor plan for the appellant. Mr. Blackman agreed to the amendment in his motion. Discussion followed. I. AYES: NOES: Blackman, Holden, Sales, Smith Barnes I~oti on carri ed DISCUSSION - PARADE REGULATIONS Deputy City Attorney Keeler reported to the Council the 12-13-71 '17 iii" I provisions of the law regulating parades. Discussion followed. Councilman Blackman requested that the City Attorney provide an ordinance for consideration of the Council that would provide maximum protection within the legal limits as stated. Police Chief Case stated that an ordinance of this type would be helpful to his Department. Further discussion followed. It was the order of the Chair that the City Attorney prepare an ordinance as stated by Councilman Blackman. DISCUSSION - REDISTRICTING ORDINANCE Mr. Barnes stated "It is no secret to anyone that I am greatly displeased about the recent redistricting ordinance that this Council adopted, and one thing that I was really remiss and didn't read as carefully as I should have, was the Charter, and I found some wording in the Charter that seems to me that possibly the ordinance that we adopted violates the spirit of that wording and maybe even the letter of it. Maybe it's because I interpreted some of the words in the Charter incorrectly, but Section Number 515 of the Charter says "upon receipt of any such Committee report and at any other time be necessary or desirable in order that the district boundaries be fair and logical, the City Council may, by ordinance change and redefine the boundaries of any or all of the districts herein established". 'the words "fair and logical" seem to me that logic implies a certain manner of not splitting up Mutuals if it's not absolutely necessary to do so and of not taking people of one particular community interest and putting them with a preponderate of another community type of interest, if it is not necessary to do so and it seems to me that the ordinance that we adopted is not fair and logical in light of that interpretati~n of those words. And then, there is one other particular area of the Charter provision that says "the boundaries so defined shall be established in such a manner that the districts shall as nearly as practicable constitute natural areas of contiguous and compact territory and provide fair representation on the City Council". The natural areas of contiguous and compact territory---once again I am very sure that the particular I I !~:.~~-71 ~8 ordinance that we adopted does not do this and in light of what the Charter says, I would like the Council to reconsider this ordinance because there is a way that we could redistrict that would be much more in line with the provisions provided in Section 515 of the Charter. So, in light of that, I would like to move that we rescind Ordinance Number 862." Smith: I second it. I would like to have that entered into the records verbatim -- the words that Mr. Barnes has so stated. AYES: Barnes, Smith NOES: Blackman, Holden, Sales Motion failed Gordon Shanks, 215 Surf Place, stated that he wished his support for Mr. Barnes statement to be a matter of record. It was the order of the Chair to do so. DISCUSSION - SURFSIDE BUILDERS BOND AGREEMENTS Marsha Kober, member of the Surfside Board of Directors, explained their corporation and provided a sample copy of their Special Bond Agreement to the City Attorney for his information. Discussion followed. It was the order of the Chair that the City Attorney report to Council regarding a similar type agreement between the City and Surfs ide Colony. RESOLUTION NUMBER 2045 - CRIMINAL JUSTICE COUNCIL APPLICATION Resolution Number 2045 ~Ias presented to Council by title lOA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR A GRANT FOR LAW ENFORCEMENT PURPOSES TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR ITS CONSIDERATION." Barnes moved. second by Smith to. waive further reading of Resolution Number 2045. I I AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried Barnes moved. second by Sales to adopt Resolution Number J045. AYES: Barnes. Blackman, Holden, Sa 1 es, Smith I NOES: None Motion carried RESOLUTION NUMBER 2046 - AHFP - FIRST STREET Resolution Number 2046 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF FIRST STREET." Smith moved, second by Sales to waive further reading of Resolution Number 2046. AYES: Barnes, Bl ackman, Holden, Sales, Smith NOES: None ~lotion carried I Smith moved, second by Sales to adopt Resolution Number 2046. AYES: Blackman, liolden, Sales, Smith NOES: Barnes Motion carried I RESOLUTION NUMBER 2047 - AHFP - SEAL BEACH BOULEVARD Resolution Number 2047 was prfi!sented to Council by title "A RESOLUTION OF THE COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPI4ENT OF SEAL BEACH BOULEVARD." Barnes moved, second by Blackman to waive further reading of Resolution Number 2047. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried Sales moved, second by Smith to adopt Resolution Number 2047. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried RESOLUTION NUMBER 2048 - SPACE SHUTTLE PROGRAM Resolution Number 2048 was read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA URGING SUPPORT TO SECURE THE SPACE SHUTTLE PROGRAM FOR THE STATE OF CALIFORNIA." Sales moved, second by Blackman to adopt Resolution Number 2048 as read and directed the City Manager to send copies to the appropriate legiSlators: A YES: Barnes, Bl ackman, Holden, Sales, Smi th NOES: None Motion carried RESOLUTION NUMBER 2049 - ACCEPTING DEED - BLUEBELL PARK Resolution Number 2049 was presented by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ACCEPTING A CORPORATION GRANT DEED FROM WOODBINE CORPORATION, A SUBSIDIARY CORPORATION OF THE S & S CONSTRUCTION COMPANY, TO CERTAIN REAL PROPERTY FOR PARK PURPOSES." Holden moved, second by Sales to waive further I 12-1~ .. ~,' r, 12,,]0-71 ~ d,tt reading of Resolution Number 2049. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None ~lotion carried Smith moved, second by Sales to adopt Resolution Number 2049. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None ~10tion carried I RESOLUTION NUMBER 2050 - APPEAL - KAY HILLMAN Resolution Number 2050 was presented by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING PLANNING COMMISSION RESOLUTION NO. 586 AND DENYING THE APPEAL OF ADELINE FECHTER/KAY HILLI4AN FROM PLANNING COMMISSION DENIAL OF CP-1-71 TO ALLOW ON-SALE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT IN THE C-2 ZONL" Sales moved, second by Holden to waive further reading of Resolution Number 2050. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Sales moved, second by Smith to adopt Resolution Number 2050. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith I None Motion carried RESOLUTION NUMBER 2051 - APPEAL - E. GYLER Resolution Number 2051 was presented by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING APPEAL APPLICATION NO. A-6-7l TO PERMIT CONSOLIDATION AND EXTENSIVE REMODELING OF TWO DUPLEXES IN THE R-3. MULTIPLE RESIDENTIAL, ZONE SUBJECT TO THE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION." Discussion followed with Mr. Gyler requesting to speak on this item. It was noted that Mr. Gyler's communication was later in the agenda. Sales moved. second by Blackman to waive further reading of Resolution Number 2051. AYES: NOES: llarnes, Blackman, Holden, Sales" Smith I None Motion carried Sales moved, second by Barnes to adopt Resolution Number 2051. AYES: NOES: Barnes, Blackman, Holden. Sales, Smith None Motion carried RESOLUTION NUMBER 2052 - STAN MILLER APPEAL Resolution Ilumber 2052 was presented by title "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING APPEAL APPLICATION A-4-71 TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION ONTO THE SIDE OF AN EXISTING COMMERCIAL STRUCTURE SUBJECT TO THE CONDITIONS RECOMMENDED IN PLANNING COMlHSSION RESOLUTION NO. 587." Smith moved, second by Sales to waive further reading of Resolution Number 2052. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Sales moved, second by Smith to adopt Resolution Number 2052. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carri ed RESOLUTION NUMBER 2053 - FOTOMAT APPEAL I Resolution Number 2053 was presented by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING PLANNING COMMISSION RESOLUTION NO. 578 AND DENYING THE APPEAL OF E. W. MULLINS/FOTOMAT CORPORATION FROM A PLANNItIG COMMISSION DENIAL OF UV-5-71 TO PERMIT A DRIVE-THRU KIOSK SELLING PHOTOGRAPHIC SUPPLIES AND FILM PROCESSING AT A SERVICE STATION SITL" Barnes moved, second by Smith to waive further reading of Resolution Number 2053. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Sales moved, second by Smith to adopt Resolution Number 2053. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried RESOLUTION NUMBER 2054 - APPEAL - C. LEDBETTER I Resolution Number 2054 was presented by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING PLANNING COMMISSION RESOLUTION NO. 567 AND DENYING APPEAL APPLICATION NO. A-5-71 FILED BY CHARLES LEDBETTER FROM P.CANNING COMMISSION DENIAL OF VARIANCE APPLICATION NO. V-18-71 TO PERMIT A STRUCTURAL ENCROACHMENT TO EXTEND INTO A PORTION OF THE REAR YARD SETBACK." Sales moved, second by Smith to 12-]3-71 , l~ , '-91 "-- . - , ,12-13-71 92 waive further reading of Resolution Number 2054. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Holden moved, second by Barnes to adopt Resolution Number 2054. AYES: NOES: Barnes, Holden, Sales, Smith Blackman Motion carried I RESOLUTION NUMBER 2055 - COMPLETION - PROJECT 359 Resolution Number 2055 I~as presented to Council by title "^ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 359 - WESTMINSTER AVENUE WIDENING - IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN JOHN B. EWLES, INC. AND CITY OF SEAL BEACH." Sales moved, second by Smith to wiave further reading of Resolution Number 2055. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Blackman moved, second by Sales to adopt Resolution Number 2055. AYES: Barnes, Blackman, Holden, Sales, Smith I, NOES: None LEISURE WORLD WATER LINE RELOCATION Motion carried City Engineer, Bill Murphy, presneted his recommendation to relocate a Leisure World water line as a emergency measure resulting from a meeting this day with the State engineers, to be 100% State financed. Smith moved, second by Blackman, to prepare plans and specifications and receive bids on the reconstruction of a water line in the northwest corner of Leisure World, and that the plans be prepared in accordance with City and State standards within a budget estimate of $22,000. AYES: NOES: CONSENT CALENDAR None Motion carried I Barnes, Blackman, Holden, Sales, Smith Councilman Barnes requested that Item "G" be removed from the Consent Calendar. Blackman moved, second by Sales to affirm I the recommended action, excepting Item "G" as fol1o~ls: A. Approved minutes of regular Council meeting of November 22, 1971. B. Approved minutes of regular adjourned Council meet i ng of November 29, 1971.' ~ C. Approved regular demands: numbered 1556 through 1724 in the amount of $50,493.85, Transfers in the amount of $589,217.76 and payroll demands numbered 1876 through 2056 in the amount of $69,985.99 and authorized that warrants be drawn on the Treasury for the same. ' D. Authorized the Mayor to sign agreement under the National Highway Traffic Safety Administration Grant. E. Bids received for Project #352: Paramount Pacific, Inc. $3,850.00 Authorized award of bid to lowest responsible bidder, Paramount Pacific, Inc. in the amount of $3,850.00 for pier piling replacement, rejecting all other bids. 1 H. Approved specifications and authorized bid call for vehicles and equipment for Public Works Department, (1) tractor loader (2) 4 to 6 ton tandem roller (3) two 3/4 ton pick-up trucks. I. Denied claim of Mrs. John Hoffman (for daughter) in the amount of $46.60 and referred same to Insurance Carr~er, claimant to be notified of same. The City Manager noted that Item "F" had been inadvertently omitted from the Agenda, to be submitted at next meeting. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried ITEM "G" - PURCHASE - LIFEGUARD JEEPS Mr. Barnes questioned budget authorization for said jeeps. The City Manager stated that funds were provided for this purchase in the vehicle depreciation fund. Barnes.moved, second by Holden to authorize the purchase of two (2) jeeps for the Lifeguard Department as requested. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried 1 COMMUNICATION - HUNTINGTON BEACH CITY COUNCIL The statement of action of the City Council of Huntington Beach was received r.eaffirming their original decision and authorizing the formation of an Assessment District under the Improvement Act of 1913 for construction of improvements at Golden West College. Discussion followed. Blackman moved, 12-13-7q3 ~ ~~~ 12-13-71 ,91 second by Sales to reaffirm this Council's previous action opposing the action of the Huntington Beach City Council on this matter. AYES: NOES: Blackman, Holden, Sales, Smith Barnes ~lotion carried COMMUNICATION - EMANUEL GYLER I Mr. Gyler spoke at length regarding his request for a Variance for extensive remodeling at 1005 and 1007 Seal Way. Discussion followed. It was the order of the Chair to receive and file the communication. REQUEST - MR. ROELOFS It was the order of the Chair to receive and file the request from P. J. Roelofs for funds for Boy Scout Troops. The City Manager noted that the City organizations had been notified of the request. MONTHLY REPORT - E.Q.C.B. It was the order of the Chair to receive and file the monthly report for November, 1971 of the Environmental Quality Control Board. I ORAL COMMUNICATIONS There were no oral communications. Council adjourned to Executive Legal Session at 10:05. The Council reconvened at 11:02 with Mayor Holden stating that the Council had discussed legal matters. ADJOURNMENT Smith moved, second by Sales to adjourn the meeting at 11:05 p.m. AYES: NOES: 1 arnes, Blackman, Holden, Sales, Smith None Motion carried :1 J Approved: Jh~~P~ I Mayor 9+trk" ATTEST: