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HomeMy WebLinkAboutCC Min 1970-04-20 !- ., ;. (' 4-20-70 :II,,, ,. '" '\ t ~. Seal Beach, California April 20, 1970 The City Council of the City of Seal Beach, California, met in regular session at 8:00 p.m. with Mayor Anderson presiding. The meeting was called to order with the Salute to the Flag. ROLL CALL Present: Mayor Anderson Councilmembers:nreis, Fuhrman, Gunnnere, Hamilton Absent: None APPROVAL OF MINUTES Fuhrman moved, second by Dreis, to approve the minutes of April 2, 1970, regular adjourned session; April 6, 1970, regular session; April 7, 1970, re~lar adjourned session; April 10, 1970 special session; April 11, 1970, adjourned; and April 51, 1970, regular adjourned session, as presented. AYES: Anderson, Dreis, Fuhrman, Gunnnere, Hamilton NOES: None Motion carried. APPROVAL OF DEI'lANDS Regular demands numbered 9602 through 9735 of $112,622.60, includin~ payroll of .$49,784.53, was presented as approved by the Finance Committee. Fuhrman moved, second by Dreis, to allow the demands and that warrants be drawn on the Treasury for the same. AYES: Anderson, Dreis, Fuhrman, Gunnnere, Hamilton NOES: None Notion carried. PUBLIC IIEARING-APPEAL ,OF APOLLO DEVELOPMENT }Iayor Anderson stated that this was the time for R public hearing to be held and requested the City Attorney to conduct said hearin~. The City Attorney stated that public hearing concerned the appeal of Apollo Deveikopment Corporation to decision of the Planning Connnission denying R-3 zoning of property known as the Pacific Electric right of way. The City Clerk stated that notices had been posted as required byllaw. The City Attorney p,resented the communication from the appellant requesting a continuance to May 4, 1970, for consideration of Council. Gummere moved, to continue the hearing to April 22, 1970, at 6:00 p.m. Arthur D. Guy, Suite 1220 Security Building, Long Beach, Attorney representing the Environmental Control committee spoke against continuing the matter. Discussion followed with members of the Council and the City Attorney pertaining I I I I I I 4-20-70 , 1:1';1 to legal procedures. The City Manager stated for the record that the appellant had been notified of the hearing date. Further discussion followed. By order of the Chair, the motion failed for need of a second. Hamilton moved, second by Fuhrman, that the request for continuance be denied. Mr. Gummere asked if the appellant could be notified. Mr. Jack Reese, 424 Corsair Way, Seal Beach, stated that he was affiliated with Apollo Corporation and was acquainted with the project. AYES: NOES: Anderson, Dreis, Fuhrman, Hamilton Gummere Motion carried. Public Hearing - continued. The City Clerk stated that no communications, for or against the matter, had been received. The City Attorney read the communication received by the City Manager from Mr. Baum opposing the zoning appeal. The City Attorney presented evidence in receipt from the Planning Commission hearing as follows: 1) Strip map of the P.E. Right-of-Way, 2) Plans of Apollo Development for the area, 3) Tentative Tract Map 07105. The following evidence was received WAA ,aaav'ad in opposition to the zoning matter a) Resolution to the Seal Beach Planning Commission from the Seal Beach Council for Environmental Concern, b) Petition from residents opposing zoning, c) Tiiegram from Francis Dean, d) Letter from Denis Morgan, 301 14th Street, Seal Beach, e) Article relating to the matter from the Journal, f) Graph of projected population and sewage quantities by Mr. Stratford, g) The Redevelopment Plan, h) The General Plan, i) Letter from Mr. Baum, 815 Catalina Avenue, Seal Beach, j) Minutes and report of the Planning Commission on the matter, and k) Zoning map of the City. Mr. Jack Reese, 424 Corsair Way, Seal Beach, Project Manager with Apollo Develop- ment Corporation spoke for granting the appeal. Arthur D. Guy, Suite 1220, Security Building, Long Beach, Attorney representing the Council for Environmental Concern spoke in opposition to granting the appeal. A majoaity of the audience indicated they concurred w1th his statements by a show of hands. Donald Salem, 141 Dolphin Avenue, Seal Beach, spoke in opposition to granting the appeal. Eric Lindstrom 215 14th Street, Seal Beach, presented a petition signed by a majority of the 8th graders at McGaugh School. The City Atturney received the petition as evidence number "1", Julie Dorr, 231 6th Street, Seal Beach, spoke relative to the signors of petition "b", lma Jean Parko, 313 Central Avenue, Seal Beach, spoke against the zoning. Ros&lind Caraton, 312 15th Street, Seal , r." :4-20-70 , .~. 1 ::3 Beach, spoke against the zoning, Sven Lindstrom, 215 14th Street, Seal Beach, spoke against the zoning, RogertWest, 1201 Electric, Seal Beach, spoke against the zoning. A majority of the audience indicated they agreed with the above speakers by a show of hands. Mr. Guy stated t~at the proposed zoning is contrary to the development plan. The City Attorney asked if there was any rebuttals to the statements made. Jack Reese spoke in defense of the zone change proposed I and the development planned. The City Enl'iineer stated that his rcport '~as received as evidence. There were no other communications. The Mayor declared the public hearing closed. An informal period followed during which time the Council stud:l,ed the evidence presented. The Uayor.called the meeting to order. The City Attorney advised the Council as to actions that could be taken on the matter. Fuhrman moved, second py Anderson, to uphold the Planning Commission decision' and deny the appeal. Councilman Hamilton commented on the matter. AYES: Anderson, Dreis, Fuhrman, Hamilton NOES: Gummere Motion carried. I The Mayor called for a five minute recess at 9:30 p.m. The meetinB reconvened at 9:35 p.m. ORAL COMMUNICATIONS Mayor Anderson stated that this was the time for oral communications. Mrs. Frank Clinton, 1517 Seal Way, Seal Beach requested tha~ the Council pass a resolution protestinl'i the appearance of the me~bers of the Chicago 7 at the University of California Irvine. Mr. Hamilton suggested the Council support the above request individually. It was noted the al'ienda would have to be amended to include any action. IIamilton moved, second by Gummere, to amend the Agenda to include consideration of the resolution as requested. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NOES: None Motion carried. I Fuhrman moved, second by Gummere, that a similar resolution to that as proposed by Mrs. Clinton opposing the appearance of the Chicago 7 at University of California Irvine, that copies be sent to appropriate administrators and legislators. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NOES: None Motion carried. I I I 4-20-70 1:19 Oral communications continued. Julie Dorr, 231 6th Street, Kris Lindstrom, 215 14th Street, Joseph Collier, 910 Coastline Drive, Solace Jackson, 1331 Crestview, Sven Lindstrom, 215 14th Street, Rosalind Carston, 312 15th S~reet, opposed the above resolution. Mr. Bodenhaosen, 22l~ 13th Street, Mrs. Rife, 1047 Ocean Avenue, Donald Salem, 151 Dolphin Avenue, spoke in support of the resolution. Mrs. Harry L. Schuck, 933 Coastline, presented a grievance regarding the car wash in the shopping center. The City Mana~er replied to this matter and stated a report would be available at the next meeting. Jean Dorr, 231 6th Street, spoke on the matter. Sven Lindstrom 215 14th Street, requested information relative to the Ad Hoc committee on the P. E. Right-of-Way study. The Mayor declared oral communications closed. PROCJ.AMATIONS Mayor Anderson proclaimed May 1, 1970, as ''Law Day. II Mayor Anderson proclaimed May 10 through May 16, 1970, as "National Public Works Week." BEACH REFRESHMENT STAND A refreshment stand on the beach relati~e to the total pier development program was discussed by the Council. It was the consensus of the Council that the City ~Ianager prepare proposals on both these items for consideration of Council. COMMUNICATION-PLANNING COMMISSJON The communication from the Planning Commission offering their services relative to the Naval Air Station stu~y at Los Alamitos was received. Gummere moved, second by Hamilton, that the City Manager notify the Intergovernmental Study Group of this offer. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NORS: None COMMUNICATION-LAFCO It was the order of the Chair, with consent of Council to receive and file the communication from the Local Agency Formation Commission regarding proposed Garden Grove Boulevard annexation #8 to Midway City Sanitation District. Motion carried. COMMUNICATION-COASTLINE PRESERVATION It was the order of the Chair, with consent of Council, to receive and file the communication from Lieutenant Governor Ed Reineicke regarding coastline preservation. '.. t.1404-20-70 '. PUBLIC HEARING SET-SURFS IDE STREETS It was the order of the Chair, with consent of Council, to set a public hearing for May 4, 1970, at 8:00 p.m. concerning private streets in Surfside as requested by Surfside Colony, Ltd. pursuant to Section 21107.7 of the California Vehicle Code. RESOLUTION NUMBER l846-GRANT OF EASEMENT I Resolution Number 1846 was presented by title, "A RESOLUTION OF THE CITY COUNCIL OF TilE CITY OF SEAL BEACH ACCEPTING A GRANT OF EASEMENT FROM THE UNITED STATES GOVERNMENT." This easement required for the widening of Seal Beach Boulevard. Fuhrman moved, second by Gummere, to adopt Resolution Number 1846. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NOES: None Hotion carried. PROJECT 3i8-SEAL BEACU BOULEVARD '.IIDENING The Engineer's estimate of total pro~ect cost for Seal Beach Boulevard was received. Gummere moved, second by Dreis, to approve the plans and specifications for Prgject 318, Widening of Seal Beach Boulevard (AHFP 488) and authorize the City }~nager to advertise for bids. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton I NOES: None Motion carried. RESOLUTION NUMBER l848-EXTENSION OF FIRST STREET Resolution Number 1848 was presented by title, "A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF SEAL BEACIl FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR A PUBLIC IMPROVEMENT AND '~ORKS CONSISTING OF CONSTRUCTION, USE AND MAINTENANCE OF STREETS AND HIGHWAYS AND THE ACQUISI'tION OF CERTAIN REAr. PROPERTY THEREEORE BY EMINENT DOMAIN PROCEEDINGS." Dreis moved, second by Gummere, to adopt Resolution Number 1848. \ AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NOES: None Motion carried. RESOLUTION NUMBER l849-WIDENING OF SEAL BEACH BOUl.EVARD I Resolution Number 1849 was presented by title, "A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH FINDING AND DETERMIN!I;NG TIlE PUBLIC INTEREST AND NECESSITY FOR A PUBLIC IMPROVEMENT AND WORKS CONSISTING OF CONSTRUCTION, USE AND MAINTENANCE OF STREETS AND HIGHWAYS AND THE ACQUISITION OF CERTAIN REAL PROPERTY THEREFORE BY EMINENT DOMAIN PROCEEDINGS." I I I 4-20-70, ~ -141 Fuhrman moved, second by Gummere, to adopt Resolution Number 1849. AYES: Anderson, Dreis, Fuhrman, GUlllDlere, Hamilton NOF.S: None CLAIM-DOUG MARTIN MotiLon carried. The claim for reimbursement of expenses incurred by nougt~rtin, 316 16th Street, Seal Beach was received. The City Attorney recommended that the claim be denied, that the claim be referred to our Public Liability Insurance Carrier and the claimant be notified of Council action. Fuhrman moved, second by Dreis, to deny the claim of Doug Martin and refer the claim to our Liability Insurance Carrier and notify claimant of this action. AYES: Anderson, Dreis, Fuhrman, Gummere, Hamilton NOES: None RESOLUTION NUMBER l850-WEEDS Motion carried. Resolution Number 1850 was presented to Council by title, "A RESOLUTION OF TFE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WEEDS TO BE A NUISANCE." Gummere moved, second by Hamilton, to adopt Resolution Number 1850. Anderson, Dreis, Fuhrman, Gummere, Hamilton None AYES: NOES: ADJOURNMENT Anderson moved, second by Dreis, to adjourn at 10:25 p.m. Motion carried. AYES: NOES: Anderso~, Dreis, Fuhrman, Gummere, Hamilton None Motion carried. Appro ~ ATTEST: