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Home My WebLink AboutCC Min 1977-12-12 12-12-77 . ~ Seal Beach, California DecembeT 12, 1977 The City Council of the City of Seal Beach met in regulaT session at 8:00 o'clock p.m. with Mayor Blackman calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Blackman Councilmen Gray, Kredell, Laszlo Absent: Councilman Weir It was the order of the Chair with consent of the Council that Councilman Weir's absence be excused. Also present: Mr. CourtemaTche, City Manager Mr. Coughlan, Assistant City Attorney Mr. Johnson, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City ManageT Mr. Dorsey, Chief of Lifeguards Ms. Shelton, Administrative Assistant WAIVER OF FULL READING Kredell moved, second by Laszlo, to waive the reading in full of all ordinance and resolutions, and that consent to the waiver of I reading shall be deemed to be given by all Council members after reading of that title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried AGENDA AMENDED Blackman moved, second by Laszlo, to amend the agenda to include an Executive Session following the regulaT Council meeting as requested by the City Attorney. AYES: Blackman, Gray, Kredell, Laszlo NOES: None I ABSENT: Weir Motion carried PRESENTATION - CHIEF OF LIFEGUARDS Mr. DOTsey, Chief of Lifeguards, commented on his visit to Hong Kong and presented gifts to members of the Council from the Hong Kong Lifeguard Club. Mr. Dorsey expressed appreciation to the Council for their support of the National Surf Lifesaving and World Lifesaving Associations activities. Mayor Blackman read a letter that he received . 12-12-77 from Mr. Henry Kwat of Hong Kong commending Mr. Dorsey for his activities. The Council accepted the gifts from the Hong Kong Club with appreciation. PROCLAMATION "Bill of Rights Week". I Mayor Blackman proclaimed December 9 through December 15, 1977 as PUBLIC HEARING - ZONING - HOME IMPROVEMENT CENTER/LUMBER YARD and PARKING REQUIREMENT Mayor Blackman declared the public hearing open to consider an amendment to the Zoning Ordinance for the "Home Improvement Center/ Lumber Yard" and establishing parking requirement for the use. The City Clerk certified that notices had been published as required by law and that no communications had been received either for or against the matter. Mr. Neprud, Planning Director, presented the staff report and recommendations of the Planning Commission. In response to Councilman Gray, Mr. Neprud clarified that there would be requirement of approximately thirty parking spaces for for or against the matter. Mayor Blackman declared the public I the lumber yard. There were no communications from the audience. hearing closed. Gray moved, second by Laszlo, to determine that the Negative Declaration is appropriate, that the amendment will not have a significant effect on the environment and that the City Clerk be directed to file a Notice of Determination. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried ORDINANCE NUMBER 1024 - ZONING - HOME IMPROVEMENT CENTER/LUMBER YARD and PARKING REQUIREMENT Ordinance Number 1024 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH I AMENDING SECTIONS 28-1400, 28-1401, AND 28-1403 OF THE CODE OF THE CITY OF SEAL BEACH TO PERMIT THE USE LUMBER YARD/HOME IMPROVEMENT CENTER AND ESTABLISH A PARKING REQUIREMENT FOR THAT TYPE OF USE." By unanimous consent, full reading of Ordinance Number 1024 was waived. Gray moved, second by Laszlo, to approve the introduction 12-12-77 I' of Ordinance Number 1024 and that it be passed to second reading. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried PUBLIC HEARING - PROTEST - SALE OF SURPLUS LAND - OLD CITY YARD SITE Mayor Blackman declared the public hearing open to consider protests regarding the sale of surplus land at the Old City Yard Site. The City Attorney stated that the purpose of the hearing was to determine if there were any objections to the sale of the land. The City Clerk certified that notices had been published in two newspapers as required by the Government Code, that the notices had been posted in public places and on the property as required by law. There were no communications from the audience for or against the matter. Mayor Blackman declared the public hearing closed. Laszlo moved, second by Kredell, that the City proceed with the sale of the city yard site property. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried ORDINANCE NUMBER 1025 - ESTABLISHING A CULTURAL HERITAGE COMMISSION Ordinance Number 1025 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 7D, ESTABLISHING A CULTURAL HERITAGE Co/.MISSION, TO THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1025 was waived. Gilbert Nelson, Chairman of the Environmental Quality Control Board, spoke at length regarding the purpose and function of a Cultural Heritage Commission and urged the Council to establish said Commission. Discussion followed. Mayor Blackman stated that the Seal Beach Historical Society. comprised of volunteer citizens has been functioning in the City for several years and spoke for that Society providing the information and services proposed for this Commission. Councilman Gray opposed establishing another level of government and the expending of city funds for its function. Mr. Gray stated he did support the Historical Society composed of interested volunteer I, I 12-12-77 co ....' citizens. The Council further discussed the methods of designating historical sites and the rights of the property owner regarding such designation. Kredell moved, second by Laszlo, to approve the introduction of Ordinance Number 1025 and that it be passed to AYES: Krede11 , Laszlo I second reading. NOES: Blackman, Gray ABSENT: Weir Motion failed RESOLUTION NUMBER 2723 - APPROVING TENTATIVE TRACT MAP NO. 10127 Resolution Number 2723 was presented to Council by title "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 10127." By unanimous consent, full reading of Resolution Number 2723 was waived. Laszlo moved, second by Gray, to approve Resolution Number 2723 as presented. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried I RESOLUTION NUMBER 2724 - APPROVING FINAL TRACT MAPS - TRACTS 10077, 10078, 10079; 10080, '10081, 10082, 10083, 10084 Resolution Number 2724 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE FINAL TRACT MAPS FOR TRACTS NOS. 10077, 10078, 10079, 10080, 10081, 10082, 10083 and 10084 AND AUTHORIZING THE CITY CLERK AND CITY ENGINEER TO CERTIFY THE MAPS ON BEHALF OF THE CITY." By unanimous consent, full reading of Resolution Number 2724 was waived. Gray moved, second by Laszlo, to approve Resolution Number 2724 as presented. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried I RESOLUTION NUMBER 2725 - REQUESTING A.H.F.P. FINANCING - DEVELOPMENT OF PACIFIC COAST'HIGHWAY Resolution Number 2725 was presented 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 DEVELOPMENT OF PACIFIC COAST HIGHWAY." By unanimous 12-12-77 C~ "- consent full reading of Resolution Number 2725 was waived. Mr. Johnson, City Engineer, presented the staff report and explained that the Arterial Highway Financing Program would provide 50% matching 1 gas tax funds for eligible projects. Mr. Johnson proposed that the funds be requested at this time for the 1978-79 fiscal year to construct sidewalks on both sides of Pacific Coast Highway from First Street to Seal Beach Boulevard, in all areas that do not presently have sidewalks. It was clarified that the request to the County for 'A.H.F.P. funds must be submitted prior to the new calendar year. Councilman Kredell stated he would not support sidewalk construction on the north side of Pacific Coast Highway, however, would support sidewalks on the south side with landscaping on the north side and also suggested sidewalk construction on the east side of Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue. Mr. Johnson clarified that only streets that qualify as arterial highways and meet certain criteria are eligible for funding under this Program. 1 Mayor Blackman stated he would support the proposed project only if sidewalks were constructed on both sides of Pacific Coast Highway. Councilman Kredell stated he would not support sidewalk construction on the north side of P.C.H. and requested that his position on this matter and that of Mayor Blackman be reflected in the minutes. It was also suggested that improvements on Pacific Coast Highway in the Surfs ide area be considered. Lengthy discussion followed. Blackman moved, second by Laszlo, to direct the City Engineer to prepare ,a request for A.H.F.P. funding to include sidewalk improvements on both sides of Pacific Coast Highway, on Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue, and on Pacific Coast Highway in the Surfside area for consideration of the Council at next meeting. AYES: Blackman, Gray, Kredell, Laszlo 1 NOES: None ABSENT: Weir Motion carried ORDINANCE NUMBER 1026 - CALLING PRIMARY MUNICIPAL ELECTION - MARCH 28, 1978 Ordinance Number 1026 was presented to Council by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, CALLING AND GIVING NOTICE OF THE HOLDING OF A c"". 12-12-77 PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 28th DAY OF ~RCH, 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1026 was waived. It was clarified that I this ordinance would take 'effect immediately. Blackman moved, second by Kredell to adopt Ordinance Number 1026 as presented. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried RESOLUTION NUMBER 2726 - CANVASS - PRIMARY MUNICIPAL ELECTION - MARCH 28, 1978 Resolution Number 2726 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ORDERING THE CANVASS OF THE PRIMARY NOMINATING MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SEAL BEACH ON THE 28th DAY OF MARCH, 1978, TO BE MADE BY THE CITY CLERK OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 2726 I was waived. Blackman moved, second by Laszlo, to adopt Resolution Number 2726 as presented. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried REPORT - REGULATIONS ALLOWED IN ELECTION CODE SECTION 10012 The City Clerk explained the options available to the City Council pursuant to Election Code Section 10012 regarding certain procedures to be followed in the March 28th Primary Municipal Election. Kredell moved, second by Gray, to authorize the City Clerk to bill each candidate who files a Candidates Statement a sum not greater than the actual prorated costs of printing and handling the Candidates Statement incurred by the City as a result of providing this service, I and that the limitation of words in such Statements be retained at 200 words, and further if the candidate requests a Candidates Statement in Spanish the candidate shall pay the cost for printing and handling of same. 12-12-77 AYES: NOES: ABSENT: Blackman, Gray, Kredell, Laszlo None Weir Motion carried 1 The City Council did not take action to allow additional materials. CONSENT CALENDAR Laszlo moved, second by Kredell, to approve the recommended action for items on the Consent Calendar as presented. A. Approved the minutes of the regular meeting of November 28, 1977 as presented. B. Approved regular demands numbered 25651 through 25833 in the amount of $344,054.87 and payroll demands numbered 24241 through 24487 in the amount of $135,373.21 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Authorized appropriation of $2,200 for the construction of a sidewalk east of the Mary Wilson Library and authorized the City Engineer to arrange for its construction. D. Set Sunday, January 29, 1978 at 1:00 p.m. at Eisenhower Park as the time and place for the auction of the lots in Tract No. 9814 (old city yard site). E. Established the Council meeting of December 27, 1977 as the time for consideration of Tentative Parcel Map for development of the Edison Triangle. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried OPTION AGREEMENT - SALE OF CITY YARD LOTS The City Manager stated that the Option Agreement provided for means for the City to buy a lot back if the owner does not proceed to develop the lot within a reasonable period to time. Councilman Gray suggested that a provision be included allowing the city to collect from the property owner for any lien upon a parcel of property. The City Attorney stated that he would provide the I I ~~ ...' 12-12-77 appropriate wording to comply with Mr. Gray's suggestion if the Council so desired. Blackman moved, second by Kredell, to approve the Option Agreement for the sale of the city yard lots to include the provision suggested by Mr. Gray. AYES: Blackman, Gray, Kredell, Laszlo 1 NOES: None ABSENT: Weir Motion carried CONDITIONS OF SALE - TRACT 9814 - CITY YARD LOTS The City Manager stated that the Conditions of Sale contained provisions concerning the method of sale, terms of the sale, escrow, breach and special conditions. Blackman moved, second by Laszlo, to adopt the Conditions of Sale for Tract 9814 as presented. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried COUNCIL REPORTS and REQUESTS Councilman Kredell spoke for exploring means of funding the purchase I of the Department of Water and Power Property and asked the City Manager to contact Supervisor Schmidt and Senator Cranston regarding funding of same. The City Manager reported that he would be meeting with the California Coastal Conservancy next week to discuss such funding. Mr. Kredell asked that a state audit be conducted on Trailer Park expenditures. The City Manager responded to Councilman Kredell's querie that a report would soon be available regarding budgeted travel and convention expenses for city staff. Councilman Laszlo asked to receive full Planning Commission minutes regarding deliberations on the Watson (Edison Triangle) improvements and the Hellman property. Councilman Kredell asked that the palm trees on 12th Street and on the beach be trimmed. Mayor Blackman asked that the staff study the cost for a trimming and maintenance program for I the eucalyptus trees in Gum Grove Park. Mayor Blackman and Mr. Lowell KOlb, 192 Harvard Lane, spoke regarding the problems caused by fishermen in the College Park East area and it was noted that a petition containing approximately 140 names would be presented to the staff requesting that the staff investigate the problems. I 12-12-77 . , Mayor Blackman and Councilman Kredell commended the Public Works Department for extra services they provide for various city functions. ORAL COMMUNICATIONS Mayor Blackman declared oral communications open from the audience. I Gilbert Nelsen, 380 Clipper Way, presented his resignation as Chairman of the Environmental Quality Control Board, effective December 16th. Adah Winters, 1507 Electric Avenue, expressed thanks to the staff for improvements to the animal runs at the Public Works Yard and complimented the Christmas decorations on Main Street. Mrs. Winters also asked that disruptive discussions outside Council Chambers during Council meetings be curtailed. There were no other oral communications; Mayor Blackman declared oral communications closed. EXECUTIVE LEGAL SESSION The Council adjourned to Executive Legal Session at 10:08 p.m. The Council reconvened at 11:22 p.m. with Mayor Blackman calling the meeting to order. The City Attorney reported that the Council I, discussed potential litigation concerning contract dispute. Kredell moved, second by Gray, to approve the minimum gross sale price of $1,750,000 for the sale of the city yard property. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried ADJOURNMENT Kredell moved, second by Blackman, to adjourn the meeting at 11:25 p.m. AYES: Blackman, Gray, Kredell, Laszlo NOES: None ABSENT: Weir Motion carried I ex-officio clerk of City Council Approved: ~e8~, ~ _ M - ayor Att t. LJ./ ~ ~/~ . es. /''' "1. y,:-{ i~ [/V.v<--'-- , G ty Clerk