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HomeMy WebLinkAboutCC Min 1973-01-22 1-22-73 .3(\0 , . Seal Beach. California Janua~ 22. 1973 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor Sales calling the meeting to order with the Salute to the Flag. At the request of Mayor Sales, the Council and the audience stood for a moment of silence in memory of the 36th President of the United States, Lyndon Baines Johnson. I ROLL CALL Present; ~layor Sa 1 es Councilmen Barnes. Blackman. Holden, Me Knew None Absent: Also present: Mr. Courtemarche. City Manager Mr. Winfield, Assistant City Attorney Mr. Murphy. City Engineer Mr. VanDerhyden. Assistant to the City Manager Mr. Neprud. Planning Director Mr. Gaudio. Administrative Assistant' AGENDA AMENDED Sales moved. second by Barnes to amend the agenda to include a proclamation. AYES: Barnes. Blackman, Holden, McKnew, Sales I NOES: PROCLAMATION None Motion carried Mayor Sales proclaimed the month of January. 1973 as "March of Dimes Month." PUBLIC HEARING - ZONING - LOT COVERAGE AND DEFINITION OF PATIOS Mayor Sales declared the public hearing open concerning proposed amendment to Article 2. Section 224 and Article 18. Section 1805 of Ordinance Number 628 (Zoning) relating to lot coverage and definition of patios. 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. Neprud presented the staff report relating to those actions and recommendations of the Planning Commission. Mr. Masson. 4732 Candleber~. was sworn in by the Clerk and asked for clarification of the proposed amendment. Mr. Neprud clarified the percentage of lot coverage allowed for patios under the proposed amendment. There I 1-22-73 , .' ;. :tl)t were no other communications either for or 'against the matter. Mayor Sales declared the public hearing closed. ORDINANCE NUMBER 892 - ZONING - LOT COVERAGE AND DEFINITIO N OF PATIOS I Ordinance Number 892 was presented to Council by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLE 2, SECTION 224, AND ARTICLE 18, OF THE ZONING APPENDIX OF THE SEAL BEACH CITY CODE." Me Knew moved. second by Sales to waive further reading of Ordinance Number 892 and that it be passed to second reading. Discussion followed with Mr. Barnes speaking against the motion. AYES: Blackman, Holden, McKnew. Sales NOES: Barnes Motion carried PUBLIC HEARING - ZONE CHANGE FROM C-l to R-3 I Mayor Sales declared the public hearing open concerning proposed rezoning o~ one-half block area bounded by Seal Way (sidewalk), Dolphin Avenue, Seal Way Alley and 14th Street from C-l Service Commercial to R-3 Multiple Residential. The City Clerk stated that notices had been posted and mailed as required by the Code and declared that no communications had been received either for or against the matter. Mr. Neprud presented the staff report and stated that this action had been initiated by the property owners in the area. There were no communications from the audience either for or against the matter. Mayor Sales declared the public hearing closed. ORDINANCE NUMBER 893 - ZONE CHANGE FROM C-l to R-3 I Ordinance Number 893 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ZONING MAP BY CHANGING THE ZONE OF A li2 BLOCK AREA IN THE COASTAL DISTRICT FROM C-l, SERVICE COMMERCIAL, TO R-3 MULTIPLE FAMILY RESIDENTIAL ZONE." Barnes moved. second by Holden to waive further reading of Ordinance No. 893 and that it be passed to second reading. AYES: Barnes, Blackman. Holden. McKnew, Sales NOES: None Motion carried 1-22-73 ~n2 ~_. PUBLIC HEARING - APPEAL - A-1-73 (V-59-72) - KENNETH L. BRANDAU Mayor Sales declared the pUblic hearing open concerning the Appeal (A-1-73) filed by Kenneth L. Brandau to Planning Commission decision to deny Variance V-59-72 for a patio cover and fence exceeding permitted height in Bridgeport. The City Clerk stated that notices had been posted and mailed as required by the Code. and declared that no communications had been received either for or against the matter. Mr. Neprud presented the staff report informing the Council of those actions taken by the Planning Commision. I Kenneth Brandau. 424 Corsair Way. was sworn in by the Clerk, and spoke'for allowing the fence as it was only 9 inches in excess of that required by the precise plan and requested that the patio cover be allowed for shade area. Mr. Brandau presented pictures of his fence and neighboring fences to the Council. Don Kucera, 400 Galleon Way, was sworn in by the Clerk and stated that the fence enhanced the property and urged the Council to grant the appeal. Florence Neil" 416 Corsair Way, was sworn in by the Clerk and stated that she agreed with Mr. Kucera and Mr. Brandau. Julie Dorr, 231 - 6th Street, was sworn in by the Clerk and spoke against granting the appeal on the basis of the excessive height of the fence and that no building permit had been requested. Mr. Brandau stated that he had assumed the appropriate permits had been obtained by the contractor. There were no other communications from the audience either for or against the matter. Mayor Sales declared the public hearing closed. Members of the City Council discussed the matter and requested that the City Manager prepare a report defining the responsibilities of the Architectural Review Board in the Bridgeport area. Councilman Barnes stated that the applicant had failed to demonstrate hardship and moved that the Council uphold Planning Commission Resolution Number 714, denying Variance V-59-72 and deny the appeal of Kenneth L. Brandau. Mayor Sales seconded the motion. I I 1-22-73 :', :~1)3 I, Councilman McKnew stated that he would prefer to refer this matter back to the Planning Commission for comments from the Architectural Review Board. and that attention be given the matter of the patio cover. Mr. Neprud reported that the Planning Commission in their study had conferred with the Fire Department and established that patio covers in this area were a hazard. Mr. Barnes stated that he would favor holding action on this matter over to next meeting rather than refer it back to the Planning Commission. Mr. Sales stated that he would not withdraw his second to the motion. Roll call on the motion: AYES: Barnes. Blackman. Holden, Sales NOES: Me Knew Motion carried ORDINANCE NUMBER 891 - AMENDING ZONING CODE - SURFS IDE COLONY I Ordinance Number 891 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ARTICLE 15B AND SECTION 1801.1 OF ARTICLE 18 OF THE ZONING APPENDIX OF THE SEAL BEACH CITY CODE RELATED TO SURFS IDE COLONY." Holden moved, second by Barnes to waive further reading of Ordinance Number 891, deem that it has had second reading and be passed for adoption. AYES: Barnes, Blackman. Holden. McKnew. Sales NOES: Nolie Motion carried ORDINANCE NUMBER 894 - BUILDING CODE I Ordinance Number 894 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA. AMENDING CHAPTERS 5. 8. 18A. 21A AND 24 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO BUILDING AND SAFETY." Sales moved, second by McKnew to waive further reading of Ordinance Number 894. deem that it has had first reading and be passed to second reading. AYES: Barnes, Blackman. Holden. McKnew, Sales NOES: None Motion carried 1-22-73 .1804 ORDINANCE NUMBER 895 - REVENUE SHARING TRUST FUND Ordinance Number 895 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY' OF SEAL BEACH. CALIFORNIA, AMENDING THE CODE OF THE CITY OF SEAL BEACH BY THE ESTABLISHMENT OF A 'REVENUE SHARING TRUST FUND'." Holden moved, second by Blackman to waive further reading of Ordinance Number 895. deem that it has had first reading and be passed to second reading. AYES: Barnes. Blackman. Holden. McKnew. Sales I NOES: None Motion carried RESOLUTION NUMBER 2166 - TRIBUTE TO MEMORY OF DR. RALPH ABRAMSON Resolution Number 2166 was presented to Council and read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFORNIA. PAYING TRIBUTE TO THE MEMORY OF DR. RALPH ABRAMSON." Sales moved. second by McKnew to adopt Resolution Number 2166. AYES: Barnes, Blackman, Holden, McKnew, Sales NOES: None Motion carried I RESOLUTION NUMBER 2167 - COMPLETION - FIRST STREET EXTENSION, PHASE II - PROJECT NO. 345 Resolution Number 2167 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 345 - FIRST STREET EXTENSION, PHASE II - IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN SILVERI & RUIZ CONSTRUCTION AND THE CITY OF SEAL BEACH." Holden moved. second by Sales to waive further reading of Resolution Number 2167. AYES: Barnes, Blackman, Holden. McKnew. Sales NOES: None Motion carried I Holden moved, second by Sales to adopt Resolution Number 2167. AYES: Barnes. Blackman, Holden, McKnew. Sales NOES: None Motion carried RESOLUTION NUMBER 216B - FLOOD HAZARD STUDY - SANTA ANA RIVER BASIN Resolution Number 2168 was presented to Council by title lOA 1-22-73 ('~5 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE UNITED STATES CONGRESS APPROPRIATE SUFFICIENT FUNDS FOR COMPLETION OF THE UNITED STATES CORPS OF ENGINEERS STUDY OF THE FLOOD HAZARD OF THE SANTA ANA RIVER BASIN ON AN EMERGENCY BASIS, AND FOR IMPLEMENTATION OF FLOOD CONTROL MEASURES NECESSARY TO ALLEVIATE FUTURE FLOODING." Barnes moved. second by Sales to waive further reading of Resolution Number 2168. AYES: Barnes. Blackman, Holden, McKnew. Sales NOES: None Barnes ~ved, second by Sales to adopt Resolution Number 2168. AYES: Barnes. Blackman. Holden. McKnew. Sales NOES: None Motion carried I RESOLUTION NUMBER 2169 - CONTRACT EXTENSION - RESIDENTIAL ~RIME PREVENTION Resolution Number 2169 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA. AUTHORIZING A NINETY DAY EXTENSION OF THE CONTRACT TO PERFORM PROJECT #0849, RESIDENTIAL CRIME PREVENTION." Sales moved, second by Holden to waive further reading of Resolution Number 2169. AYES: Barnes. Blackman. Holden. McKnew, Sales NOES: None Motion carried Blackman.moved, second by Holden to adopt Resolution Number 2169. AYES: Barnes. Blackman, Holden, McKnew. Sales NOES: None Motion carried RESOLUTION NUMBER 2170 - AGREEMENT AMENDMENT - COUNTY OF ORANGE - POLICE OFFICER I Resolution Number 2170 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH VERIFYING A RESOLUTION PASSED BY THE ORANGE COUNTY BOARD OF SUPERVISORS APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH.~ Holden moved, second by Me Knew to waive further reading of Resolution 1...22-73 :\06 Number 2170. AYES: Barnes, Blackman. Holden. McKnew. Sales NOES: None Motion carried Holden moved, second by Sales to adopt Resolution Number 2170. AYES: NOES: Barnes, Blackman, Holden. McKnew, Sales None Motion carried I RESOLUTION NUMBER 2171 - DENYING APPEAL - JOHN S. PALMER Resolution Number 2171 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING PLANNING COMMISSION RESOLUTION NO. 695 AND DENYING APPEAL A-7-72 FILED BY JOHN S. PALMER/RICHARD MOODY." Barnes moved. second by Sales to waive further reading of Resolution Number 2171. AYES: Barnes. Blackman, Holden, McKnew, Sales NOES: None Motion carried Barnes moved. second by Sales to adopt Resolution Number 2171. AYES: Barnes. Blackman, Holden, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2172 - REQUESTING FINANCIAL ASSISTANCE - BEACH EROSION CONTROL and SAND REPLENISHMENT I Resolution Number 2172 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,' CALIFORNIA, REqUESTING FEDERAL FINANCIAL ASSISTANCE FOR BEACH EROSION CONTROL AND SAND REPLENISHMENT AND RESPECTFULLY REQUESTING THAT CONGRESSMAN CRAIG HOSMER INTRODUCE FEDERAL LEGISLATION WHICH WOULD REIMBURSE THE CITY OF SEAL BEACH FOR EXTRAORDINARY COSTS OF SAND REPLENISHMENT IN 1970. 1971 AND 1972." Holden moved. second by Barnes to waive further reading of Resolution Number 2172. AYES: Barnes, Blackman, Holden. Me Knew , Sales NOES: None Motion carried I Holden moved, second by Barnes to adopt Resolution Number 2172. AYES: Barnes, Blackman, Holden. McKnew. Sales NOES: None Motion carried 1-22-73 . ~~ ,!14 t~. - . RESOLUTION NUMBER 2173 - SUPPORTING HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT BOND ISSUE I Resolution Number 2173 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA. SUPPORTING THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT BOND ISSUE." Mr. J. Settles, Associate Superintendent of Huntington Beach Union High School District, and his assistant Mr. Martin urged the Council to support their upcoming ~~nd issue and presented slides and statistics showing the need for additional schools. Hold~n moved. second by Sales to waive: further reading of Resolution Number 2173. ' AYES: NOES: Barnes. Blackman. Holden, McKnew, Sales None Motion carried Barnes moved, second by Holden to adopt Resolution Number 2173. AYES: NOES: Barnes. Blackman. Holden. McKnew, Sales None Motion carried I Mayor Sales declared a five minute recess at 9:00 p.m. The meeting reconvened at 9:05 p.m. CONSENT CALENDAR Mayor Sales requested that Item "A" be removed from the Consent Calendar and the City Manager requested that Items "L", "M" and "N" be removed from the Consent Calendar. Blackman moved. second by Barnes to approve the recommended action for items on the Consent Calendar excepting Items "A". "L". "M" and "N". I B. Approved regular demands numbered 13551 through 13704 in the amount of $178,057.34; payroll demands numbered 7054 through 7231 in the amount of $81.334.48; and transfers in the amount of $224.955.00, as approved by the Finance Committee and t~at warrants be drawn on the Treasury for the same. C. Approved renewal of Agreement between the City of Seal Beach and C & C Boats, Inc.. for use of tram service. pier landing facilities and parking facilities. 1-22-73 ~~n8 D. Informal proposals were received for the repainting of the steel water reservoir located in the Naval Weapons Station. Project No. 386, as follows: Wagner's Paint Service Young's Painting Service Alert Painting Service $ 2,525.00 2.541.00 3,240.00 I Awarded the bid for repainting of the steel water reservoir located in the Naval Weapons Station to Wagner's Paint Service as the lowest responsible bidder, in the amount of $2.525., rejected all other bids and authorized the City Manager to execute the contract. E. Bids were received and opened,'by the City Clerk at 2:00 p.m.. January 12, 1973 for five (5) Public WOrks vehicles for total bid. less discount, as follows: Glenn E. Thomas Co. Vern Holmes Pacific Auto Sales $ 16,401.03 17,460.64 17,483.84 Awarded the bid for the five (5) Public Works vehicles to Glenn E. Thomas Company as the lowest responsible bidder with specified stipulation. in the amount of $16,401.03, rejected all other bids and authorized the City Manager to purchase the vehicles. I F. Denied claim for alleged damages filed by Mr. O. W. August and referred claim to the city's insurance carrier. G. Denied claim for alleged damages filed by Mr. Ronald W. Rightmire and referred claim to the city's insurance carrier. H. Affirmed Environmental Quality Control Board's Environmental Impact Statement Findings for Seal Beach Boulevard widening and channelization in th~ Vicinity of St. Andrews Drive. I. Received and filed notice from Public Utilities I: Commission regarding application of Pacific I Telephone and Telegraph Company to increase certain intrastate rates and charges applicable to telephone services furnished within the State of California. J. Received and filed Resolution No. 4345-72 from the City of Garden Grove, "A Resolution of the City Council of the City of Garden Grove Opposing the Concept of the National Flood Insurance Act of 1968 and any Similar Legislation with Similar Sanctions that do not have Adequate Local Input Prior to Adoption, and' Requesting Support of other Jurisdictions and Organizations to Modify this Act and Obtain Adequate "~ 'f' Local Input Prior to the Adoption of this and any other Legislation." K. Received and filed communication from Corps of Engineers of permit request to excavate about 540.000 cubic yards of material to a depth of ten feet below mean lower low water and construct concrete bulkheads at Tract 7850 in Huntington Harbour. Orange County, California. O. Approved Agreement between Southern California Edison Company and City of Seal Beach for use of 16.5 acres of additional parkland adjacent to Edison Park in College Park West and authorized the City Manager to execute the Agreement. Barnes, Blackman, Holden, McKnew, Sales None Motion carried I AYES: NOES: I Items Removed from the Consent Calendar ITEM !'A" - APP.ROVAL OF MINUTES Mayor Sales stated that he had been absent at the last meeting and therefore would be required to abstain from voting on the minutes. Barnes moved, second by Holden to approve the minutes of January 8, 1973 meeting as presented. AYES: Barnes. Blackman, Holden, McKnew NOES: None ABSTAIN: Sales Motion carried 1-22-73 ;) ~~n9 1-22-73 ~ -:l:tO ITEM "L" - REPLACEMENT VEHICLES The City Manager stated that we were now eligible to participate with the State for purchase of vehicles and recommended that all bids be rejected and authorization ge given to receive bids for a recreation vehicle. a police station wagon and a police sedan. Mr. Gaudio. Purchasing Agent. explained that the bids that had been received were allover the amount budgeted for said vehicles. Sales moved. second by Holden to reject all bids received for the recreation vehicle. the police station wagon and police sedan and authorize the City Manager to receive bids again for said vehicles. AYES: Barnes, Blackman. Holden. McKnew, Sales NOES: None Motion carried ITEM "M" - CITY MANAGER STAFF CAR The City Manager stated that the City Manager's staff car was presently leased and recommended that authorization be given to receive bids for purchase of replaceme~t for said car. Sales moved, second by Holden to authorize the City Manager to receive bids for the purchase of the City Manager's staff car. AYES: Barnes. Blackman, Holden. McKnew. Sales NOES: None Motion carried ITEM "N" - REPLACEMENT OF SIX POLICE SEDANS Specifications were presented to Council for the replacement of six police sedans. Sales moved, second by Holden to authorize the City Manager to receive bids for the purchase of six 1973 police sedans. AYES: Barnes. Blackman, Holden. McKnew, Sales NOES: None Motion carried REALLOCATION OF FUNDS - GUMMERE PARK A report from the City Engineer requesting that $13.000.00 be reallocated from the Contingency Fund for improvements at Gummere Park was received by Council. McKnew moved, second by Blackman to reallocate $13,000 from the Contingency Fund to the Capital Project Bluebell Park (Gummere Park) Development Fund and authorize the City Engineer to proceed with improvements. AYES: Barnes, Blackman. Holden. McKnew. Sales NOES: None Motion carried I I I' 1-22-73 : 'I ~ ~',:l11- PARADE ROUTE - ANNUAL SEAL BEACH BAND REVIEW . I Mr. Van Derhyden presented a report to Council outlining the proposed route for next annual Seal Beach Band Review as requested and approved by the Downtown Businessmen's Association including Main Street in the route. Barnes moved. second by Blackman to approve the proposed route as presented. AYES: NOES: Barnes. Blackman. Holden. McKnew. Sales None Motion carried I JNTERGOVERNMENTAL COORDINATING COUNCIL AGREEMENT The revised joint powers agreement forming the Intergovernmental Coordinating Council of Orange County was presented for consideration of Council. The City Manager reported that a majority of the cities in Orange County had approved the agreement, thus putting into effect the ICC. . Lengthy discussion followed with Mayor Sales opposing the formation of the ICC, stating that SCAG, the League of Cities and ~MCO served the same purpose. Councilman Blackman stated that membership and representation from our City was important since the formation of the ICC was already approved. Holden moved, second by McKnew to approve the revised jOint powers agreement formi~g the Intergovernmental Coordinating Council of Orange County and authorized the Mayor to execute the agreement. AYES: NOES: Barnes. Blackman, Holden, McKnew Sales Motion carried Blackman moved, second by Holden to appoint Councilman McKnew as this City's representative to the ICC. I AYES: NOES: ABSTAIN: Barnes. Blackman. Holden Sales Me Knew Motion carried Barnes moved, second by Holden to appoint Councilman Blackman as the alternate representative to the ICC. AYES: NOES: ABSTAIN: Barnes. Holden. McKnew Sales Blackman Motion carried ,- :1-22-73 / 2-12-73 !:l~2 ORAL COMMUNICATIONS o Mayor Sales stated that this was the time for oral communications. Ned Wilgus. 4809 Candleberry Avenue, stated that as President of the College Park East Homeowner's Association he would support Resolution Number 2172. requesting federal assistance for sand replenishment program. Mr. Wilgus presented a petition for the formation of Park Improvement District containing over 500 signatures of registered voters to the Clerk on behalf of Jerry MacIntosh. Chairman of the Park Committee. I There were no other oral communications; oral communications were closed. ADJOURNMENT Barnes.moved, second by Holden to adjourn the meeting at 10:00 p.m. AYES: NOES: Barnes, Blackman. Holden, McKnew, Sales None Motion carried I Approved: ~.A'Lu.-lv ~ Mayor ~~ ATTEST: Seal Beach, California February 12, 1973 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor Sales calling the meeting to"order. At the request of the Mayor, the City Clerk led the Salute to the Flag. ROLL CALL I Present: Mayor Sales Councilmen Barnes, Blackman, Holden, McKnew Absent: None