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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.