HomeMy WebLinkAboutCC Min 1975-08-11
7-28-75 / 8-11-75
~. i' .
'. '.,.
26
ORAL COMMUNICATIONS
Mayor ProTempore Barton declared oral' communications open from
the audience. Jean Dorr, 231 - 6th Street, supported the local
city Fire Department and also supported change ih the four" cities
training program to include paramedics. There were no other oral
I
communications from the audience; Mayor ProTempore Barton declared
oral communications closed.
ADJOURNMENT
, ,
Barton moved, second by'Holden, to adjourn the meeting at 9:50 p.m.
AYES:
Barton, 'Blackman, Holden, Sales
NOES:
None' .
ABSENT:
McKnew
Motion carried
of
-~,~~~).
May r
ATIEST' g~ ~~J~~
/-I" ity 1erk
I
Seal Beach, California
August 11, 1975
The City Council of the City of Seal Beach met in regular session
at 8:00 o'clock p.m. with Mayor McKnew calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present:
Mayor McKnew
Councilmembers Barton, Blackman, Holden, Sales
Absent:
None
I
A-150 present: Mr. Courtemarche, City Manager
Mr. Coughlan, Assistant City Attorney.
Mr. Ha11din, City Engineer
, Mr. Neprud, Planning Director
Mr. Thomas, Finance Director
Mr. Gaudio, Assistant to the City Manager,
Mr. Little, Assistant to the City Manager
,
WAIVER OF FULL READING
Holden moved, second by Blackman, to waive the. reading in full
of all ordinances and resolutions, and that consent to the waiver
'of reading shall be deemed to be given by all Council members
I
after reading of the title ,unless specific request is made at
that time for the reading of such ordinance or resolution
AYES:
NOES:
Barton, Blackman, Holden, McKnew, Sales
None
Motion carried
APPOINTMENTS - BOARD OF APPEALS
It was the Order of the Chair with consent of Council that the
appointments to the Board of Appeals from Districts Two and Three
be held over.
APPOINTMENT - PROJECT AREA COMMITTEE
The City Manager stated that a communication had been received
from Mrs. Mae Tempest indicating that she would be unable to serve
on the Project Area Committee and requested that the Council make
I
an appointment to that Committee to fill the vacancy. Holden
moved, second by Sales, to appoint Mrs. Margaret R. Quinn to the
Project Area Committee as recommended.
AYES:
Barton, Blackman, Holden, McKnew, Sales
NOES:
None
Motion carried
CONTINUED PUBLIC HEARENG - APPEAL.A-2-75 ~ ROBERT HERRON
Mayor McKnew declared the continued public hearing open to consider
Appeal A-2-75 of Robert Herron to Planning Commission denial of
Variance V-8-75 for a porch extension at the second level of a '
single family residence at A-68, Surfside COlony. It was noted
for the record that notices were not required to be published
again as this was a continued public hearing. The City Clerk
stated that two written communications had been received: 1) a
I
letter dated July 29, '1975 from the 'Surfside.Board of Directors
opposing the Appeal, and' 2) a letter' dated ,August 8, 1975 from
R. J. Herron requesting withdrawal 'of the ,appeal. There were
no other communications; Mayor McKnew declared the public hearing
closed.
8-11-75
2?
;'t,
~ ~ ...
8-11-75
.... 28
it,} ..:.~
Sales moved, second by HOlden, to deny the Appeal A-2-75 of
Mr. Robert Herron.
AYES:
Barton, Blackman, HOlden, McKnew, Sales
NOES:
None
Motion carried
PUBLIC HEARING - NOISE ELEMENT TO THE GENERAL PLAN
I
Mayor McKnew declared the public hearing open to consider adoption
of a Noise Element to the General Plan. The City Clerk certified
that notices had been published as required by law and that no
communications had been received for or against the matter. Mr.
Neprud, Planning Director, presented the staff report and
recommendations of the Planning Commission. Mr. Neprud stated
that the Noise Element was required~y State law and was prepared
by Bio-Acoustical Engineering and the Planning ,staff. Discussion
followed on the Element. There were no other communications for
or against the matter; Mayor McKnew declared the public hearing
closed, "
RESOLUTION NUMBER 2467 - NOISE ELEMENT TO THE GENERAL PLAN '
I
Resolution Number 2467 was presented to Council by title "A
RESOLUTION OF THE CITY COUNOIL OF THE CITY OF SEAL BEACH
ADOPTING A NOISE ELEMENT TO THE GENERAL PLAN OF THE CITY OF
SEAL 'BEACH." By unanimous consent, full reading of Resolution
Number 2467 was waived. Councilmember Barton requested that on
page 18 "Policy Recommendations", No; 2 be amended to read
"Demand that local police' enforce the' ,State Motor. Vehicle Code
as it applies to excessive noise."
Holden moved, second by Sales, to adopt Resolution Number 2~67
as ,amended.
AYES:
Barton, Blackman, Holden, McKnew, Sales
NOES:'
None
, ,
Motion carried
to Council on enforcement of vehicle noise.
I
Councilmember Barton requested that Police Chief Cibbarelli report
ANNEXATION 75-1, - PUBLIO HEARING
Mayor McKnew declared the public hearing open to hear protests to
proposed annexati6n,of uninhabited territory to the City of Seal
8-11-75
H$29
Beach. The City Clerk referred to her memorandum dated August 7,
1975, certifying that all notications and publications of this
hearing as required by Resolution Number 2445 had been given and
that no protests had been received at this time.
I
Mr. Coughlan, City Attorney, outlined the procedures followed by
the City as prescribed by the Government Code for annexation of
uninhabited territory and stated that the City Clerk's certification
had been submitted to Council stating that there were less than
twelve registered voters residing in the area to be annexed pursuant
to Section 35303 of the Government Code."
Mayor McKnew asked if members of the audience wished to speak for
or against the Annexation. Jim Bentson, Attorney at Law, 711 Electric
Avenue, Seal Beach, stated that he wished to present a written protest
, ,
on behalf of his client Lloyd W. Dinke1spiel, et al, owners'of the
Hellman property and presented documents to the City Clerk entitled
"Protest to Annexation 75-1" signed by Mr. Dinke1s'pie1, a letter
I
from the office of the Orange County Assessor regarding value of
land in the proposed area to be annexed. Mr. Bentson also stated
that he represented the owners of all the mineral rights within the
Naval Weapons Station. Mr. Bentson submitted for,the record to the
City Clerk, documents from the Registrar of Voters in Orange County
with affidavits of registration attached thereto relating to
registered voters in Orange County as of April 30, 1975. The City
Clerk received all documents for the record and submitted same to
the City Council for their review.
Mr. Bentson stated that the statement submitted from the Assessors
Office was required by Section 35313 of the Government Code. Mr.
Bentson stated that the grounds for his protest of the proposed
Annexation was that more than twelve registered voters were residing
I
in the area to be annexed as of April 30, 1975. Mr. Bentson submitted
exhibits supporting his statements. The City Clerk stated that her
certification referenced documents of public record from the Registrar
of Voters in Orange County listing seventeen registered voters in the
area to be annexed and certification of the Dock Master at the Sunset
8-11-75
~
)
Aquatic Park that seven of those registered voters no long~r reside
in the area as of April 30, 1975. Mr. Bentson examined the C~ty
Clerk's Certification and documents referenced. The City Attorney
read Section 353~3 of the Government Code defining the requirements
for an uninhabited annexation. There were no other protests ~o the
annexation. Mayor McKnew declared the public hearing closed.
I
RESOLUTION NUMBER 2468 - PROTESTS - ANNEXATION 75-1
Resolution Number 2468 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
REGARDING P.ROTESTS TO CITY OF SEAL BEACH ANNEXATION NO. 75-1."
By unanimous consent, full readin~ of Resolution Number 2468 was
waived. McKnew moved, sec~nd, by Blackman, to adopt Resolution
Number 2468 as prese~ted.
AYES:
Barton, Blackman, HOlden, McKnew, Sales
NOES:
None
Motion carried
,
ORDINANCE NUMBER 974 - APPROVING ANNEXATION - UNINHABITED TERRITORY -
ANNEXATION 75-1
Ordinance Number 974 was presented to Council for first reading by
I
ti tle "AN ORDINANCE' OF TilE CITY OF SEAL BEACH APPROVING THE
ANNExATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "CITY OF
SEAL BEACH ANNEXATION NO. 75-1'.' TO TI:IE CITY OF SEAL BEACH." By
unanimous consent, full reading of Ordinance Number 974 was waived.
Sales moved, second by Blackman, to approve the introduction of
Ordinance Number 974 and that it be passed to second reading.
AYES:
, ,
Barton, Blackman, Holden, McXNew, Sales
NOES:
None
Motion carried
"
ORDINANCE NUMBER 969 - UTILITY USERS TAX EXEMPTION
. . tf . .
Ordinance Number 969 was presented to Council for second reading
by title "AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR
. . . " . . ,
SENIOR CITIZEN EXEMPTION TO THE .UTILITY USERS TAX AND AMENDING
. ,.,
" ,
consent, full reading of Ordinance Number 969 was waived, Holden
1-
THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous
moved, second by Sales, to adopt Ordinance Number 969 as presented.
AYES:
Blackman, Holden, Sales
NOES:
Barton, McKnew
Motion carried
8-11-75
Mi
I
ORDINANCE NUMBER '972 '- AMENDMENTS - ZONING ORDINANCE
Ordinance Number 972 was presented to Council for second'reading
by title "AN ORDINANCE OF THE-CITY OF 'SEAL 'BEACH AMENDING VARIOUS
SECTIONS OF CHAPTER 28 (ZONING) OF THE SEAL BEACH MUNICIPAL CODE
CONCERNING SIDE YARD SETBACKS; PARKING REQUIREMENTS, PERMITTED
USES IN'THE R-G ZONE,' FENCES, ABATEMENT,'NOTICESj PERMANENT FILES,
DATE OF GRANTING OR DENYING PERMITS, AND LIMITATIONS OF ARTICLES,"
By unanimous consent, full reading of Ordinance Number 972 'was
waived. Sales moved, second by'Holden, to adopt Ordinance Number
972 as presented.
AYES: Barton, Blackman, HOlden, McKnew, Sale's
NOES: None Motion carried
'ORDINANCE NUMBER 973 - BREEDiNG PLACES OF FLIES
I
Ordinanee Number 973 was presented to Council for second reading
by title "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING CHAPTER
14, ARTICLE II, OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA,
PERTAINING TO THE BREEDING PLACE OF FLIES." By unanimous consent,
full reading of Ordinance Number 973 was waived, Holden moved,
second by Barton, to adopt.Ord~nance Number 973 as presented.
AYES: Barton, Blackman, Holden, McKnew, Sales
NOES: None Motion carried
ORDINANCE NUMBER 975 - CHANGING ZONE OF NINE ACRE PARCEL OF LAND
Ordinance Number 975 was presented to Council for first reading
by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER
28 (ZONING) OF THE SEAL BEACH 'MUNICIPAL CODE WITH THE AMENDMENT
OF THE OFFICIAL ZONING MAP BY GHANGING THE ZONE ON A 9 ACRE PARCEL
OF LAND FROM C-2 GENERAL COMMERCIAL TO M-l LIGHT MANUFACTURING."
By unanimous consent, full reading of Ordinance Number 975 was
waived.' Mr. Neprud, Planning Director~ presented the staff report
and stated that the Planning Commission, at their July 16 meeting,
reconsidered the rezoning of the nine acre parcel and voted to
affirm their previous recommendation that'~he parcel be zoned
C-O, Professional Office. ' The City Council discussed the options
for zoning the nine acre parcel as set forth in the memorandum
from Mr. Neprud.
I
8-11-75
'..% '
"II Q
"'"
Mr. Ray Krinsky, 2732 Woodstock'Roa~, Rresident of the Rossmoor
Homeowners Association, addressed the Council and spoke in favor
of the Planning Commission recommendation for CoO, Professional
Office zoning'. Mr's. 'Peterson, 335r-Yellowtail Drive, spoke in
favor of the C-O zoning for the nine'acre parcel of property. '
Holden moved, secon~ by Brackman, to approve the first reading of
Ordinance Number 975, that it be passed to second reading and
further that the Planning Commission be directed to hold a public
hearing to amend the M-l provisions of the zoning ordinance to
eliminate certain offensive uses, require a conditional use permit
and industrial park"concept for all M-l development.
AYES:
Barton, Blackman, Holden
NOES:
McKnew, Sales
Motion carried
RESOLUTION NUMBER 2469 - APPROVING PARCEL MAP - PACIFIC COAST
HIGHWAY/SEAL BEACH BOULEVARD PROPERTY
Resolution Number 2469 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING
PARCEL MAP FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER
OF PACIFIC COAST HIGHWAY AND SEAL BEACH BOULEVARD." By unanimous
consent, full reading of Resolution Number 2469 was waived, Sales
moved, second by Barton, to adopt Resolution Number 2469 as presented.
AYES:
Barton, Blackman, Holden, McKnew, Sales
NOES:
Motion carried
None
RESOLUTION NUMBER 2470 - WITHDRAWAL FROM INTERGOVERNMENTAL
COORDINATING COUNCIL
Resolution Number 2470 was presented to Council by title "A
RESOLUTION OF THE_CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, DECLARING ITS INTENT TO WITHDRAW FROM THE
INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY. ". By
unanimous consent, full reading of Resolution Number 2470 was
waived. Mayor McKnew and Councilman Blackman spoke in favor of
the Intergovernmental Coordinating Council and requested delay
in considering the proposed resolution. Discussion followed.
Sales moved, second by Barton, to adopt Resolution Number 2470
as presented.
I
I
I
8-11-75
n.:l3
'\lO"';"
AYES:
Barton, Holden, Sales
NOES:
Blackman, McKnew
CONSENT CALENDAR
Mayor McKnew requested that Item "A" be removed from the Consent
I
Calenar; Councilmember Barton requested that Item "H" be removed
from the Consent Calendar; and the City Manager requested that
Item "M" be removed from the Consent Calel)dar. Blackman moved,
second by Holden, to approve the recommended action for items on
the Consent Calendar except Items "A", "H" and "M" as presented.
B, Approved regular demands numbered 15753 through
15883 in the amount of $264,000.42; payroll demands
numbered 8816 through 9083 in the amount of $121,746.33
as approved by the Finance Committee and that warrants
be drawn on the Treasury -for the same.
C. Received and filed notices from Local Agency Formation
Commission re proposed annexations to Stanton.
I
D. Approved agreement be~ween cities of Seal Beach and
Huntington Beach for emergency services in Sunset
Aquatic Park and authorized the Mayor to execute the
/
agreement on the City's behalf.
E. Denied claim of Mrs. Jean F. Gamblin for personal
injuries and referred same to the city's insurance
carrier.
F. Approved the bid of Santa Ana Dodge in the amount of
$23,795 for five Dodge Coronet v~hicles as the lowest
responsible bidder, rejected all other bids and authorized
the City Manager to purchase the vehicles.
G. Received and filed memorandum from Intergovernmental
Coordinating Council regarding resolution service,
I
I. ' Approved agreement between City and State of California
for use of portion of State's right-of-way for bicycle
purposes and authorized the City Manager to execute the
agreement on behalf of the City.
J. Received and filed Resolution No. 1681 from City of
8-11-75
<,..'t<
{~l.:.
34
Westminster supporting House of Representatives
Bill HR 7666 to increase amount of outside earnings
limitations under Social Security.
K. ,Received and filed letter from City of Monterey regarding
request to Governor for comprehensive tax reform legislation.
I
L. Approved specifications for one automated filing and
.. retrieving system to be used in the Police Department and
authorized the City Manager to accept bids.
N. Approved Amendment to Agreement, between' City and County
of,Orange for revenue sharing funds of $50,000 from
County and authorized the Mayor to execute the amendment
on behalf of the City.
AYES:
Barton, 'Blackman, Holden, McKnew, Sales
NOES:
None' .
Motion carried
Items Removed From The Consent Calendar,
ITEM "A" - COUNCIL MINUTES
Mayor McKnew stated t~at he was absent from the meeting of July
I
28, 1975, therefore would abstain from voting on the approval of
those minutes. Sales moved, second by Blackman, to approve the
minutes of the,regular meetlng of Juiy 28, 1975 as presented.
AYES:
Barton, Blackman, Holden, Sales
NOES:
None
ABSTAIN:
McKnew
Motion carried
ITEM "H" - AGREEMENT - LOS ANGELES DEPARTMENT of WATER & POWER
BICYCLE ROUTE
Mrs. Barton obtained information from the City Engineer regarding
processing fees for said agreement. Sales moved, second by
Blackman, to approve the agreement between the City and the Los
Angeles Department of Water and Power for use of portion of
Department's right-of-way for bicycle purposes and authorize the
I
Mayor to execute the Agreement
AYES;
Barton, Blackman, Holden, McKnew, Sales
NOES:
None
ABSENT:
None
Motion carried
8-11-75
11...
'it (~
35
ITEM "M" - AWARD OF BID - 1st STREET PARKING LOT - CATERING SERVICE
The City Manager. made correction in the recommended action
designating award to the highest bidder rather than the lowest
bidder. Bids were receiv.ed and.op,eneq.by the City ~lerk at 2:00
I
o'clock p.m., July..28, 1975, ~or the operation of a,mobile food
vending unit at F~rst,$treet parking lot as, follows: .
, Mark's Catering Service. $1,,500 minimum and/or
15% of gross receipts
Carl's Catering $ 750 minimum and/or
15% of,gross receipts
Sales moved, second by Blackman, to accept the bid of Mark's
Catering Service as the highest responsible bidder, reject all
other bids, and authorize the City,Manager to enter into an
agreement with Mark's Catering Service until July 1, 1976.
AYES:
Barton, Blackman, Holden, McKnew, Sales
NOES:
None
COMMUNICATION - ADAH WINTERS - CALIFORNIA ANIMAL CONTROL
I
Mrs. Winters voiced complaints about the California Animal
Control Services to this City as they related to cleanliness, and
showed pictures to the Counpi1 of their facilities; citations;
California Animal Control ~r~ining of ,officers;, rabies clinics;
spay/neuter clinic; and response time of the officers in the last
ten months. Mrs. Winters also expressed concern over sick and
healthy dogs being held in the same pen. City Manager responded
that the California Animal Contr~l did have trained officers and
ribies clinics were conducted in the City at specified times.
Jane McCloud, 700 Balboa Drive, expressed her concern over the
lack of Veterinarian care as required by law and stated the
California Animal Control facility was poor compared with Long
Beach and the County. Dennis Smith, California Animal Control
I
President, stated that the facilities were cleaned daily and
that a qualified Veterinarian sawall animals before they were
destroyed. Mayor McKnew requested Mrs. Winters make an
appointment with Mr. Gaudio, Assistant to the City Manager, regarding
any complaints that were left unanswered at this time.
8-11-75 I 8-25-75
· 'M
..
COUNCIL REPORTS and REQUESTS
Mayor McKnew referred to a letter directed to him from the Past
President of the College Park Homeowners Association and printed
in a local paper without his having received a copy. Mayor McKnew
requested that an item be placed on the next Council agenda
I
regarding County Fire Se~ices and that a study from the County
be requested. Councilman Blackman commented on the progress of
the Pacific Electric Right-of-Way project.
ORAL COMMUNICATIONS
There were no oral communications from the audience.
ADJOURNMENT
Holden moved, second by Blackman, to adjourn at 11:00 p.m.
AYES:
Barton, Blackman, Holden, McKnew, Sales
NOES:
None
Motion carried
/1
.' /
L /1./~
~!ItYJ Cler and ex-officio clerk of
~e Seal Beach City Council
I
Approv'd'~ ~ ~J\- ~
Mayo
A'ITEST:
~
:.J ,~
ty Clerk
Seal Beach, California
August 25, 1975
The City Council of the City of Seal Beach met in regular session
at 8:00 o'clock p.m. with Mayor McKnew calling the meeting to
ROLL CALL
Present:
I
order with the Salute to the Flag.
Mayor McKnew
Councilmembers Barton, Holden, Sales
Absent:
Councilmember Blackman
It was noted for the record that Councilman Blackman's absence
from the meeting was excused.