The URL can be used to link to this page

Home My WebLink AboutCC Min 1971-12-27 12-27-71 tff5 Seal Beach, California December 27, 1971 I The City Council of the City of Seal Beach met in regular session at 8:00 p.m. with r~ayor Holden calling the meeting to order with the Salute to the Flag. ROLL CALL Present: ~Iayor Ho 1 den Councilmen Barnes, Blackman, Sales. Smith Absent: None Also present: Dennis Courtemarche, City Manager Fritz Keeler, Deputy City Attorney William Murphy, City Engineer Bill Little, Planning Assistant Jim VanDerhyden, Administrative Assistant Denis Thomas, Finance Director PROCLAMATION Mayor Holden proclaimed January 9 through January 15. 1971 as Veterans of Foreign Wars Week in the Second District Department of California. CONTINUED PUBLIC HEARING - MILEK - APPEAL A-8-71 1 Mayor Holden reopened the public hearing concerning the appeal of Donald Milek to Planning Commission's decision to deny a variance allowing construction of an addition to existing residence which would exceed maximum lot coverage requirements. The City Manager summarized the steps taken up to this time regarding the appeal of Mr. Milek. Mr. Milek came forward to address the Council on the matter. The City Clerk stated that Mr. Milek had been duly sworn in on November 22nd. Mr. Milek requested information regarding the staff investigation relating to excessive lot coverage in College Park East. Deputy City Attorney Keeler clarified for the applicant that the possibility of litigation existed I relating to excessive lot coverage in the area. The question before the Council at this time would be the direct relationship to the applicants property. Mr. Smith spoke for continuing the hearing for full report on the matter. Mr. Barnes requested clarification of "hardship". ~1r. Keeler stated that "hardship" is a physical characteristic of the property which is unique and gave an example of same. Mrs. Milek was duly sworn in by la-27-71 'Q6 the Clerk and stated that denial would be an economic hardship for the appellant. Gordon Shanks, 215 Surf Place, was duly sworn in by the Clerk and asked that the report relating to excessive lot coverage in College Park East be made public. Deputy City Attorney Keeler stated that he had no objections as to the facts in the matter, but the report given by the City Manager would contain certain legal information which should not be disclosed at this time. The City Manager reported that there were 360 homes with excessive lot coverage, that the total figures were not complete at this time. The Council directed the City Manager to prepare a written report with the facts on this matter to be made public as determined advisable by the City Attorney. Jay Covington, 4557 Candleberry Avenue, was duly sworn in by the Clerk and stated that':granting the appeal would only I magnify the problem. There were no other communications from the audience. The public hearing was closed by the Mayor. Councilman Blackman spoke to uphold the Planning Commission's decision. Smith moved to continue the hearing f.or a full report. Mr. Barnes seconded the motion with a statement that the facts of this matter be made public in written form. Discussion followed. 1 AYES: NOES: Barnes, Smith Blackman, Holden, Sales Motion failed Blackman moved, second by Sales that the Appeal be denied and Planning Commission Resolution 579 be upheld. AYES: NOES: ABSTAIN: Blackman, Holden, Sales None Barnes, Smith Motion carried PUBLIC HEARING - ZONING - GARAGE DIMENSIONS I Mayor Holden opened the public hearing concerning Planning Commission recommendation to amend the Zoning Code relating to garage dimensions in residential zones (P.C. Res. #589). 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. Little presented the staff report on the matter. There were no further communications for or against the matter. The public hearing was closed. ORDINANCE NUMBER 863 - ZONING - GARAGE DIMENSIONS Ordinance Number 863 was presented for first reading by title I "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE CODE OF THE CITY OF SEAL BEACH, SECTION 1713 OF ARTICLE 17 RELATING TO GARAGE DmENSIONS IN RESIDENTIAL ZONES." Sales moved, second by Smith to waive further reading of Ordinance Number 863, deem that it has had first reading and be passed to second reading. AYES: NOES: Barnes. Blackman, Holden, Sales, Smith None t,loti on carri ed PUBLIC HEARING - ZONING - FILING FEES I Mayor Holden opened the public hearing concerning Planning Commission recommendation to amend the Zoning Code by revision of Section 2203 relating to filing fees for appeals. 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. Little presented the staff report justifying the increase to $40 for the filing fee. There were no communications from the audience. The public hearing was closed. Mr. Sales spoke against the increase in filing fee. Discussion followed. ORDINANCE NUMBER 864 - ZONING - FILING FEES Ordinance Number 864 was presented to Council by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE CODE OF THE CITY OF SEAL BEACH, ARTICLE 22 OF SECTION 2203, RELATING TO FILING FEES." Barnes I moved, second by Holden to waive first reading of Ordinance Number 864, deem that it has had first reading and be passed to second reading. AYES: NOES: Barnes, Blackman, Holden, Smith Sales Motion carried PUBLIC HEARING - ZONING - REAR YARDS Mayor Holden opened the public hearing concerning Planning Commission recommendation to amend the Zoning Code relating 12-27-fi." ',1.. . 1/ ~' , 1.2-:27-71 r ,lfM~ , , to rear yards of "R" zoned lots abutting an alley (P.C. Res. #591). 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. Little presented the staff report on the matter. There were no further communications for or against the matter. The public hearing was closed. I ORDINANCE NUMBER 865 - ZONING - REAR YARDS Ordinance Number 865 was presented for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORtlIA, AMENDING THE CODE OF THE CITY OF SEAL BEACH, SECTION 1822 OF ARITCLE 18 RELATING TO REAR YARDS OF "R" ZONED LOTS ABUTTING AN ALLEY." Sales moved, second by Barnes to waive first reading of Ordinance Number 865, deem that it has had first reading and be passed to second reading. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried ORDINANCE NUMBER 866 - PRIMARY MUNICIPAL ELECTION - MARCH 28, 1972 Ordinance Number 866 was read in full entitled "AN ORDINANCE I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, CALLING AND GIVING NOTICE OF THE HOLDING OF A . PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 28th DAY OF MARCH, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH, CALIFORNIA." Discussion followed relating to the closing time for the polls. Section 4 of Ordinance Number 866 was reread stating that the polls should be closed at 8:00 p.m. Barnes moved, second by Blackman to adopt Ordinance Number 866 as read. None Motion carried I AYES: NOES: Barnes, Blackman, Holden, Sales, Smith RESOLUTION Nur~BER 2056 - PRIMARY r~UNICIPAL ELECTION - MARCH 28, 1972 SPECIFIED SERVICES Resolution Number 2056 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE 12-27-71 ~~9 COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF SEAL BEACH RELATING TO THE CONDUCT OF PRI~~RY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 28, 1972." Sales moved, second by Holden to waive further reading of Resolution Number 2056. I AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried Sales moved, second by Holden to adopt Resolution Number 2056. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried, RESOLUTION NUMBER 2057 - COMMENDING RUTH ANN (MOLLY) McGEE Resolution Number 2057 was read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING MISS RUTH ANN (MOLLY) McGEE ON BEING ELECTED TO THE CALIFORNIA STATE BOARD OF EDUCATION.u Holden moved, second by Sales to adopt Resolution Number 2057 as read. AYES: rmES: Barnes, Blackman, Holden, Sales, Smith None Motion carried I RESOLUTION NUMBER 2058 - QUITCLAIM DEED - ORANGE COUNTY FLOOD CONTROL DISTRICT Resolution Number 2058 was p~esented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONVEYING TO ORANGE, COUNTY FLOOD CONTROL ,DISTRICT A QUITCLAIM DEED." Sales moved, second by Barnes to waive further reading of Resolution Number 2058. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried Blackman moved, second by Sales to adopt Resolution Number I 2058. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried RESOLUTION NUMBER 2059 - ACCEPTING GRANT OF EASEMENT - DEPARTMENT OF THE NAVY Resolution Number 2059 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING A GRANT OF EASEMENT NO. NF(R)-13960 COVERING RIGHT OF WAY FOR WIDENING OF) OLSA CHICA BRIDGE ACROSS EDINGER 12-27-71 190 AVENUE FROM THE DEPARTMENT OF THE NAVY." Sales moved, second by Barnes to waive further reading of Resolution Number 2059. AYES: Barnes, Blackman, Holden, Sales, Smith NOES: None Motion carried Sales moved, second by Barnes to adopt Resolution Number 2059. AYES: Barnes, Blackman, Holden, Sales, Smith I NOES: None 14otion carri ed RESOLUTION NUMBER 2060 - COMPLETION - SEWER SYSTEM - ROSSMOOR CENTER WAY Resolution Number 2060 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK COMPLETED AS TO APPROVED SEWER PLANS FOR CONSTRUCTION OF SEWER SYSTEM IN ROSSMOOR CNETER WAY IN ACCORDANCE WITH AN AGREEMENT BETWEEN GOLDRICH & KEST, INC. AND THE CITY OF SEAL BEACH." Sales moved, second by Blackman to waive further reading of Resolution Number 2060. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried AYES: NOES: Barnes, Blackman, Holden, Sales, Smith I Blackman moved, second by Sales to adopt Resolution Number 2060. None Motion carried CONSENT CALENDAR Councilman Sales requested that Item "B" be removed from the Consent Calendar. Sales moved, second by Blackman to affirm the recommended action, excepting Item "B" as follows: A. Approved minutes of regular Council Meeting, December 13, 1971. C. Authorized the City Clerk to notify candidates who file Statement of Qualifications pursuant to Section 10012.5 of the Elections Code, that he shall pay his pro-rata share of the costs of printing and handling such Statement and that each candidate shall post a deposit to be applied toward such costs. D. Authorized Mayor to execute Permit Approval from Department of Water and Power for construction of sewer force main in Seal I I I AYES: NOES: Beach Boulevard under their existing railroad spur. E. Authorized Mayor to execute License Agreement with Department of Water and Power to allow City to place fill dirt within their transmission right of way. F. Received and filed Advice Letter regarding water rates from Southern California Water Company. G. Referred to Insurance Carrier, claim from John J. DuMong, Sr. for property damage in the amount of $25. H. Authorized City Manager to enter into agreement with St. Paul Fire and Marine Insurance Co., for liability insurance; and authorizing an additional appropriation of $9,964 from contingency fund to cover increased cost. Barnes, Blackman, Holden, Sales, Smith None Motion carried ITEr-' "B" - DEMANDS Demands were presented as follows: Regular demands numbered 1625 through 1838 in the amount of $48,264.49; Transfers in the amount of $925,000.00 and payroll demands numbered 2057 through 2225 in the amount of $65,530.26. Councilman Sales requested clarification of the Transfer item in the warrants. Finance Director, Denis Thomas, explained the procedure. Sales moved, second by Blackman to approve the demands as presented and authorize that warrants be drawn on the Treasury for the same. AYES: NOES: I Barnes, Blackman, Holden, Sales, Smith" None Motion carried LEAVE OF ABSENCE - GARY MAITEN Sales moved, second by Blackman to approve the request for leave of absence from Police Officer Gary Maiten from February 1st through July 1st, 1972. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried 12-27-71 1. ')1 12-27-71 1("\2 AWARD OF BID - LEISURE WORLD WATER LINE - PROJECT 364 Bids were opened by the City Clerk at 2:00 p.m., December 27th as follows: Barron & Eckhart Engineering Contractors I. B. Dixon, Inc. Pipeline Contractor J. L. Scott Company _, Bomac Construction, Inc. Gallacher Company, Inc. Robert S. Berard $12,800.00 10,478.00 . r '16,700.00 18,580.00 16,149.00 16,278.00 I The City Engineer's recommendation was received. Smith moved, second by Sales to award the bid for Project 364 to the lowest responsible bidder, I. B. Dixon, Inc" in the amount of $10,478.00 and reject all other bids. AYES: NOES: Barnes, Blackman, Holden, Sales, Smith None Motion carried ORAL CO~lUNICATIONS The Mayor stated that this was the time for oral communications. Ken Coons, 201 Ocean Avenue, spoke regarding the relation of Phase Two of the Pay Board to the appeal fee raise given. The City Attorney responded by stating that Phase Two had no effect. on the fees. Mr. Milek, College Park East, spoke for changing the zoning ordinance to provide for 50% lot coverage and requested to be advised when the report regarding lot coverage would be available. The City Attorney advised as to the procedure for changing the Zoning Code. Robert Laughlin, 601 Ocean Avenue, spoke regarding the lot coverage matter in College Park East. Jay Covington, 4557 Candleberry Avenue, spoke regarding the lot coverage in College Park East area. I ADJOURNMENT Barnes moved, second by Blackman to adjourn the meeting at 10:00 p.m. r C).;ty C erk Ji-J ~ of the Sea Al'l'roved: ~ ~AA./ I ATTEST: r