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Home My WebLink AboutCC Min 1973-02-12 :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 2-12-73 , . . .. ':l13 Also present: Mr. Courtemarche. City Manager Mr. Winfield. Assistant City Attorney Mr. Murphy, City Engineer Mr. Neprud, Planning Director Mr. Thomas, Finance Director Mr. Gaudio, Administrative Assistant I PROCLAMATIONS Mayor Sales proclaimed the week of March 25 through March 31, 1973 as "Quality Week." Mayor Sales proclaimed the month of March. 1973 as "Easter Seal Month." , PUBLIC HEARING - EQUALIZATION OF WEED AND CLEANING TAXES I Mayor Sales declared the public hearing open to hear any protests or objections to weed or cleaning taxes on Assessor's parcels as noted in notice dated August 4, 1972 on file in the office of the City Clerk. The City Clerk stated that notices had been posted as required by law and that no protests had been received. Mr. Murphy, City Engineer, presented the staff report and stated that the property affected was approximately 20 parcels along Pacific Coast Highway, that the property owner was S. Mark Taper. There were no communications from the audience. Mayor Sales declared the public hearing closed. The City Engineer stated that since no protests had been filed. no further action was required of the Council. DISCUSSION - LOT COVERAGE - HILL AREA I Councilman Blackman stated that he had received requests from residents in the hill area who wished to improve their property by adding a room which exceeds the forty percent lot coverage rather than adding a room over the garage, and moved that the Planning Commission be requested to review lot coverage for the hill area of the City, that a special zone for the hill area be considered allowing a reasonable room addition on the floor level, providing an alternative:.to the two-story room addition over the garage and retaining the present set-back requirements. the Planning Commission to report back to the Council. Councilman Holden seconded the motion with the recommendation that there should be three districts instead of one. that separate zoning for the College Park East, College Park West and the hill area be considered. Mr. Blackman consented to 2-12-73 .. ~-t <" 1\-14 ,l~; the amendment to his motion. Councilman I1cKnew spoke in . support of the motion. AYES: NOES: AGENDA AMENDED Barnes, Blackman. Holden. McKnew, Sales None Motion carried Me Knew moved. second by Blackman to amend the agenda to bring Item VI-E out of order for consideration at this time. 'I PARK IMPROVEMENT DISTRICT The City Clerk's Certification of Signatures on petition for the formation of a Municipal Park Improvement District was received by Council. Thomas Winfield, Assistant City Attorney, presented his report summarizing the procedures and action required of the City Council relating to the Park Improvement District Bond. Mr. Winfield stated that the action required of the City Council at this time would be the adoption of the proposed ordinance with the dollar estimates and necessary dates inserted in the appropriate places. In addition. the City Council, at this time, has the power to change or modify the boundaries of the district and the nature, character or extent of the proposed public improvement or work prior to adoption. The City Manager presented his report desciribing the boundaries and acreage involved in the proposed Municipal Park District. Mayor Sales stated that several written protests to the proposed District had been received by the Council from the 1 ., property owners in the Rossmoor area and the Bixby Company and established that comments from the audience would be heard prior to consideration of the proposed ordinance. Mr. Winfield ruled that any comments made at this meeting would have no legal effect for the forthcoming public hearing. The City Manager read the ,proposed ordinance declaring the intention of the City Council of the City of Seal Beach to call an election regarding the formation of a Park Improvement District pursuant to Public Resources Code Section 5352. Holden moved, second by Sales to delete Section 2 of the proposed ordinance, that the legal description of the exterior I: 2-12-73 ; :~15 I boundaries of the proposed Municipal Park District should include College Park East only and read the legal description of that area to be included. Councilman McKnew protested the motion. Mayor Sales seconded the motion. Bernard Solomon, 3140 East Willow, Long Beach. spoke against the inclusion of the Rossmoor Center Apartments into the Park Improvement District. Gerald Mullen, Attorney for the Bixby Ranch Company, indicated that their company would protest the inclusion of the Bixby property in the Park Improvement District. Alfred Gittleson, representing Rossmoor Business Center, spoke against the inclusion of the Rossmoor area, stating that that area would not be benefited by said improvement or work, pursuant to Section 5356 of the Public Resources Code. Carolyn Seel, 4292 Dogwood Avenue, stated that the Rossmoor Center did benefit from the College Park East shoppers. Jay Covington. 4557 Candleberry Avenue, spoke for inclusion of the Bixby property and the Rossmoor Center into the Park Improvement District. Robert Hirsch, representing Rossmoor Park Apartments, stated he would protest the',inclusion of the Rossmoor area into the proposed District and filed a petition with 144 signatures of tenants at the Rossmoor Park Apartments protesting the inclusion. Robert D. Stagg. 4209 Candleberry Avenue, spoke on behalf of the Park Committee in College Park East and for inclusion of the Bixby property into the proposed District. Jerry MacIntosh, 4548 Dogwood Avenue, spoke for inclusion of the Bixby property into the proposed District. Tom Watson. apartment owner at the Rossmoor Regency, spoke for exclusion of the Rossmoor area to the Park District. Bill LaBarr, 4341 Candleberry Avenue, spoke for inclusion of both areas into the Park Improvement District. Phil Chapirson, 3670 Aster, spoke for the need of a park in the district. Councilman McKnew stated that he would support modification of the District that would include a portion of the Bixby I I 2-12-73 ~ ~i6 property. that there was a benefit and asked that the motion be withdrawn. Further discussion followed relating to the modification of the boundaries. Roll call on the motion: AYES: Blackman, Holden, Sales NOES: Barnes, McKnew Motion carried As reQuested by a member of the audience, the City Attorney stated that he would rule regarding conflict of interest in the matter relating to club membership given city officials ~v the Bixby Company. LEGAL SESSION McKnew moved, second ~y Sales to recess to Legal Session to discuss land acquisition costs. The Council recessed to Legal Session at 9:45 p.m. Council reconvened at 10:15 p.m. with Mayor Sales calling the meeting to order. Mayor Sales stated that the Council had established the estimated cost of the proposed improvement or work to be $970,000.00 with estimated incidental expense in connection therewith to be $30,000.00 and further stated that the City Attorney's opinion was that the club memberships from the Bixby Company to the city officials was not a conflict of interest. Councilman Me Knew asked that the vote be taken on the estimated cost of the improvement. Sales moved. second by Blackman that the estimated cost for the Bond issue be $1.000,000.00; $970,000.00 for the estimated cost of the property improvement or work and $30,000.00 for estimated incidental expense in connection therewith. AYES: Blackman. Holden, Sales NOES: Barnes, McKnew Motion carried Mayor Sales designated, with consent of the Council. that the date, hour and place fixed for hearing protests ~e March 12, 1973 at 8:00 o'clock p.m. in Council Chambers. I I I ORDINANCE NUMBER 896 - INTENTION OF FORMATION OF PARK IMPROVEMENT DISTRICT I The City Attorney read Ordinance Number 896 in full entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED AS AN ORDINANCE OF INTENTION TO CALL AN ELECTION RE THE FORMATION OF A PARK IMPROVEMENT DISTRICT ~ND THE ISSUANCE AND SALE OF BONDS OF THE DISTRICT PURSUANT TO PUBLIC RESOURCES CODE. SECTION 5352." Sales moved, second by Holden to affirm the introduction of Ordinance Number 896 as read. AYES: Blackman. Holden, McKnew, Sales NOES: Motion carried Barnes Sales moved, second by Holden to adopt Ordinance Number 896 as read. AYES: Blackman, Holden. McKnew, Sales NOES: Motion carried Bar.nes ORDINANCE NUMBER 892 - ZONING - LOT COVERAGE AND DEFINITION OF PATIOS 1 Ordinance Number 892 was presented to Council for second reading 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. AYES: Bar.nes, Blackman, Holden. McKnew, Sales NOES: None Motion carried tlcKnew moved. second by Blackman to adopt Ordinance Number 892 as presented. AYES: Blackman, Holden. McKnew. Sales NOES: Motion carried Barnes ORDINANCE NUMBER 893 - ZONE CHANGE FROM C-l to R-3 I Or.dinance Number 893 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ORDINANCE NO. 628 (ZONING) WITH THE AMENDMENT OF THE OFFICIAL ZONING MAP BY CHANGING THE ZONE OF A 1/2 BLOCK AREA IN THE COASTAL DISTRICT FROM C-l, SERVICE 2-12-73 :117 ., "t." i> . .' i' \., 2-12-73 ~-t8 COMMERCIAL. TO R-3, MULTIPLE FAMILY RESIDENTIAL ZONE." Barnes moved. second by Blackman to waive further reading of Ordinance Number 893, deem that it has had second reading and be passed for adoption. AYES: NOES: Barnes. Blackman, Holden, Me Knew , Sales None Motion carried 1 ORDINANCE NUMBER 894 - BUILDING CODE Ordinance Number 894 was presented to Council for second 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." Holden moved. second by McKnew to waive further reading of Ordinance Number 894. deem that it has had second reading and be passed for adoption. AYES: Barnes, Blackman, Holden, McKnew. Sales NOES: None Motion carried ORDINANCE NUMBER 895 - REVENUE SHARING TRUST FUND Ordinance Number 895 was presented to Council for second 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'." Sales 1 moved,; second by Holden to waive further reading of Ordinance Number 895, deem that it has had second reading and be passed for adoption. AYES: Barnes. Blackman, Holden, McKnew. Sales NOES: None Motion carried RESOLUTION NUMBER 2174 - LAND and WATER CONSERVATION FUNDS - LOS ALAMITOS BASIN REGIONAL PARK PROJECT Resolution Number 2174 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE LOS ALAMITOS BASIN REGIONAL PARK PROJECT." McKnew spoke in opposition to the provision of matChing funds from the City for the proposed park. Sales moved, second by Holden to waive 1 further reading of Resolution Number 2174. AYES: Barnes, Blackman. Holden. McKnew, Sales NOES: None Motion carried Sales moved, second by Holden to adopt Resolution Number 2174. I AYES: NOES: Barnes, Blackman, Holden, Sales McKnew Motion carried RESOLUTION NUMBER 2175 - DENYING APPEAL A-1-73 (V-59-72) - BRANDAU REsolution Number 2175 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING PLANNING COMMISSION RESOLUTION NO. 714 AND DENYING APPEAL A-1-73 FILED BY KENNETH L. BRANDAU." Barnes moved, second by Sales to waive further reading of Resolution Number 2175. AYES: Barnes, Blackman. Holden, McKnew, Sales NOES: Motion carried None Barnes moved, second by Holden to adopt Resolution Number 2175. 1 AYES: NOES: Barnes, Blackman. Holden, Me Knew , Sales None Motion carried RESOLUTION NUMBER 2176 - COMPLETION - PROJECT 374 - TRAFFIC SIGNAL INSTALLATION - LAMPSON and HEATHER Resolution Number 2176 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 374 - TRAFFIC SIGNAL INSTALLATION, LAMPSON AND HEATHER - IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN WILLIAM R. HAHN AND THE CITY OF SEAL BEACH." McKnew moved, second by Blackman to waive further reading of Resolution Number 2176. AYES: Bar.nes, Blackman, Holden, McKnew. Sales 1 NOES: None Motion carried McKnew moved, second by Blackman. to adopt Resolution Number 2176. AYES: Barnes, Blackman. Holden. 11cKnew, Sales NOES: Motion carried None 2-12-73 I,;"'." "'10 ...' .,..'" -..;J 2-12-73 ~20 . . RESOLUTION NUMBER 2177 - TRANSPORTATION STUDY Resolution Number 2177 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EVIDENCING INTENT TO PARTICIPATE IN A ROUTE 1 TRANSPORTATION STUDY." Me Knew moved, second by Blackman to waive further reading of Resolution Number 2177. 1 AYES: NOES: Barens, Blackman, Holden, McKnew, Sales None Motion carried Blackman moved, second by McKnew to adopt Resolution Number 2177. AYES: NOES: Barnes. Blackman. Holden. McKne1. Sales None Motion carried Councilman Holden requested that a resolution be prepared for consideration of the Council at next meeting urging deletion of the remainder of Route 1 Freeway. RESOLUTION NUMBER 2178 - EXTENSION - CRIMINAL JUSTICE INFORMATION CONCEPT FOR ORANGE COUNTY Resolution Number 2178 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 CALIFORNIA COUNCIL ON CRIMINAL JUSTICE PROPOSAL NUMBER 0986, A CRIMINAL JUSTICE INFORMATION CONCEPT FOR ORANGE COUNTY." Holden moved, 1 second by Blackman to waive further reading of Resolution Number 2178. AYES: NOES: Barnes. Blackman, Holden, McKnew, Sales None Motion carried Holden moved, second by Sales to adopt Resolution Number 2178. AYES: NOES: Barnes, Blackman, Holden, 14cKnew, Sales None r~oti on carrf ed CONSENT CALENDAR Councilman Barnes requested that Items "A" and "R"be removed from the Consent Calendar; Councilman Holden requested that 1 Item "F" be removed from the Consent Calendar; and the City Manager requested that Item "S" be removed from the Consent Calendar. Blackman moved, secorid by Sales to approve the recommended action for items on the Consent Calendar excepting Items "A", "F", "R" and "S". 1 B. Approved regular demands numbered 13705 through 13860 in the amount of $78.070.98; payroll demands numbered 7232 through 7422 in the amount of $77,246,18; and transfers in the amount of $373,943.39, as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Approved plans and specifications for modification of traffic signal installation at Seal Beach Blvd.1 Westminster Avenue and authorized the City Manager 1 to obtain bids for the project. D. Approved specifications for reconstruction of hazardous sidewalks and authorized the City Manager to obtain bids for the project. E. Approved Agreement between Stone & Youngberg and the City of Seal Beach for financial consulting services in connection with the formation and financing of a Municipal Park Improvement District and authorized the City Manager to execute the Agreement. G. Approved Grant of Easement to Southern California Edison Company to maintain power lines and poles in area adjacent to Marina Park and authorized the Mayor to execute. H. Approved Joint Use Agreement between Southern California Edison Company and the City of Seal Beach for use of Edison easement for highway purposes and authorized the Mayor to execute. I. Denied appeal of Mr. Gill for refund of a Building Permit Fee in the amount of $85~50 upon -I the recommendation of the City Engineer. J. Denied claim for personal expenses of Mrs. Patricia L. Clarke and referred claim to the city's insurance carrier. 2-12-73 ': '~.... ~~t 2-12-73 , -.f'. ~?'2 K. Approved Agreement between the County of Orange and the City of Seal Beach for a County Gas Tax Grant under the County of Orange Arterial Highw~y Financing Program for the funding of Phase 3 of the First Street construction and authorized the I City Manager to execute. L. Received and filed the communication from Orange County Division, League of California Cities, re County Reveliue Sharing Funds. M. Received and filed Resolution No. 7111 from the City of Fountain Valley, promoting employment opportunities for the handicapped. N. Received and filed Resolution No. 4853 from the City of Buena Park, "A REsolution of the City Council of the City of Buena Park Supporting the Orange County Board of Supervisors' Approval of the Establishment of Additional Air Pollution.. Monitoring Stations on a Priority Basis." I O. Received and filed Resolution No. 4857 from the City of Buena Park, "A Resolution of the City Council of the City of Buena Park in Objection to the Proposed Interim Guidelines for the preparation and evaluation of Environmental Impact Reports under the State of California Environmental Quality Act of 1970 as developed by the Office of Planning and Research and requesting modification of the proposed interim guidelines to prOVide relief from the time-consuming, costly and unwieldy administrative procedures in said Guidelines." P. Received and filed notice from the Public Utilities Commission of the State of California re investigation on the Commission's own motion into the rules pertaining to underground extensions to commercial and industrial developments. I 2-12-73 :l93 -I. Q. Received and filed notice from the Public Utilities Commission of the State of California re application of Southern California Gas Company for a general increase in its gas rates 'and authority to include a I purchased gas adjustment provision in its tariffs. T. Denied claim for personal injuries of Kelly Miller and referred claim to the city's insurance carrier. U. Denied claim for personal injuries of Suzi Shaheen and referred claim to the city's insurance carrier. V. Denied claim for personal injuries of April Miller and referred claim to the city's insurance carrier. W. Denied claim for personal injuries of Mary Shaheen and referred claim to the city's insurance carrier. AYES: NOES: Barnes, Blackman, Holden, McKnew, Sales None Motion carried I Items Removed From The Consent Calendar ITEM "A" - APPROVAL OF MINUTES Councilman Barnes stated that he had been absent at the January 15, 1973 meeting and would therefore be required to abstain. Sales moved. second by Holden to approve the minutes of the January 15, 1973 regular adjourned, meeting and the January 22, 1973 regular meeting as presented. AYES: NOES: ABSTAIN: Blackman. Holden, McKn~/, Sales None Ba rnes Motion carried ITEM "F" - GRANT OF EASEMENT - U.S.A. - UTILITY PURPOSES I At the request of Councilman Holden, the City Engineer informed the Council that there was no cost to the City involved in the execution of this agreement for the easement. Holden moved, second by Sales to authorize the Mayor to execute the Agreement for Grant of Easement by the United States of America through the Department of Health. Education and Welfare of a six foot strip of land along Lampson Avenue fronting the Southwest Regional Laboratory Facility. 2-12-73 "Otto. '~9.4 AYES: NOES: Barnes, Blackman, Holden, McKnew. Sales None Motion carried ITEM "R" - AGREEMENT - PARKING COMPANY OF AMERICA Councilman Barnes requested further information on the use of the parking lots and moved to hold consideration of the agreement with the Parking Company of America over to next meeting. Motion was seconded by Mayor Sales. I AYES: NOES: Barnes, Blackman. Holden, McKnew, Sales None Motion carried ITEM "S" - RESOLUTION NUMBER 2179 - PURCHASE OF VEHICLES The City 14anager presented Resolution Number 2179 by title "A RESOLUTION OF THE CITY OF SEAL BEACH AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE ONE 1973 STATION WAGON AND TWO 1973 FOUR DOOR SEDANS." Blackman moved, second by Sales to waive further reading of Resolution Number 2179. AYES: Barnes, Blackman, Holden. McKnew, Sales NOES: NOne Motion carried I to adopt Resolution Number 2179. Holden moved, second by Blackman AYES: Barnes, Blackman. Holden, McKnew, Sales NOES: None Motion carried CITY ENGINEER REPORT - PARKlt~ METERS ON MAIN STREET Claudia Salter, 134 Main Street, spoke for two hour parking meters instead of the one hour that are presently in use. Discussion followed. It was the order of the Chair with consent of Council that the City Engineer be directed to meet with the Downtown Businessmens Association and prepare a report with recommendations for Council action regarding parking meters on Main Street. COMMUNICATION - MRS. VERGA - ALLEY PROBLEMS The letter from Mrs. Janet K. Verga relating to the alley between 16th Street and 17th Street and between Landing Avenue and I. . Electno Avenue was received by Council. Mrs. Verga requested that remedial action be taken for the safety and health of the residents. George E. Falk, 244 - 16th Street. submitted pictures 2-12-73 / 2-26-73 ~?5 I of the alley in question. Lengthy discussion followed with members of the Council discussing possible solutions with the City Engineer. The City Engineer stated that a new priority list for alley repair would be submitted for the next fiscal budget year in the near future. It was the order of the Chair with consent of Council that the staff provide the necessary data on the particular alley in question to determine if there is a health hazard, that the County Health DepRrtment and the Mosquito Abatement District be requested to investigate and if a health hazard exists, recommend remedial action. ORAL COMMUNICATIONS Mayor Sales stated that this was the time for oral communications. Larry Marinke. 232 - 16th Street, requested that the yards in the 16th Street area be checked also. in relation to the alley problem discussed earlier. There were no other oral communications; oral communications were closed. ADJOURNMENT I Holden moved, second by Barnes to adjourn the meeting at 11:33 p.m. AYES: NOES: Barnes, Blackman, Holden, McKnew. Sales None Motion carried Approved: J;4~_.~, ,~ Mayor ATTEST: ~ rftf/(t{l:; ty er I Seal Beach. California February 26, 1973 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor Sales ca11ing the