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HomeMy WebLinkAboutCC Min 1974-09-09 9-9-74 240 Seal Beach, California September 9, 1974 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 ROLL CALL Present: I meeting to order with the Salute to the Flag. Mayor McKnew Councilmen Blackman, Holden, Kenyon, Sales Absent:, None Also present: Mr. Little, Acting City Manager Mr. Rollston, Assistant City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Gaudio, Administrative Assistant PUBLIC HEARING - APPEAL A-4-74 (V-24-74) - AUGSBURGER Mayor McKnew declared the public hearing open to consider Appeal A-4-74 of Jack and Myrna Augsburger to Planning Commission denial of Variance V-24-74 to permit a room addition to an existing single family residence with variance for excess lot coverage at 4688 Dogwood Avenue, College Park East. The City Clerk stated that I notices had been posted and mailed as required by law and that no communications had been received either for or against the matter. Councilman Kenyon requested clarification of the requirements for lot coverage in various areas of the City. Mayor McKnew invitad members of the audience wishing to speak in favor of the appeal to come to the microphone and state his name and address for the record. Mr. Jack Augsburger, 4688 Dogwood Avenue, was duly sworn by the Clerk, and presented copies of drawings and description of the room addition to the Council for their information. Mr. Augsburger reviewed said exhibit and spoke in favor of granting the appeal. There were no members of the audience wishing to speak in opposition to the appeal; Mayor Sales moved, second by Blackman, to uphold the Planning Commission's I McKnew declared the public hearing closed. Discussion followed. denial of Variance V-24-74. Discussion followed. AYES: Blackman, Sales NOES: Holden, Kenyon, McKnew Motion failed I I I . , , 9-9-7424,1 . ~ ." 'I McKnew moved, second by Holden, to refer the matter back to the Planning Commission on the basis that the appellant's lot size and Model 12 home was different and unique to; the surrounding property and that denial of the Variance would constitute hardship on the property owner. AYES: Holden, Keny~n, McKnew NOES: . Blackman, Sales Motion carried ORDINANCE NUMBER 943 - PROCEDURES - ESTABLISHING and AMENDING EMPLOYEE BENEFITS I ~ ~ Ordinance Number 943 was presented to Council by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PERTAINING TO CITY EMPLOYEES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." Holden moved, second by Blackman, to waive further reading of Ordinance Number 943. . AYES: Bla~kman, Holden, Kenyon, McKnew, Sales () NOES: None Motion carried Councilman Sales opposed the ordinance, ,stating that the'additional time required'to pass an ordinance was valuable to the Council. " Discussion' followed, with members of the Council and the audience . speaking t9 the matter. Blackman moved, second by HOlden, to deem Ordinance Number 943 has . had first reading and be passed to second reading. AYES: Blackman, Holden NOES: Kenyon, McKnew, Sales . Motion failed ORDINANCE NUMBER 944 - OIL BUSINESSES Ordinance Number 944 was presented to Council by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 11-117 OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO OIL BUSINESSES." Mr. Little, Acting City'Manager, presented the staff report and the reco@mendation that a barrel' tax of 8~ per barrel .., . , .... -..:. . -' = .. be imposed and elimination of the 300 barrel per well per quarter .' . "-'.f , -. exemption. Discussion followed. ': .." .: r , , Blackman moved, second by McKnew, to waive further reading of Ordinance Number 944. 'f: "I ,', . 9-9-74 2L1.2 ( (' '.. AYES: Blackman, Holden, Kenyon, McKnew, Sales' NOES: None Motion carried Blackman moved, second by McKnew, to impose an 8~ per barrel tax and eliminate the 300 barrel per well'per quarter exemption, deem that Ordinance Number 943 has had first reading and be passed to I second reading. AYES: Blackman, Holden, Kenyon, McKnew NOES: Sales Motion carried PROPOSED RESOLUTION - ADOPTING SPECIFIC PLAN - PACIFIC ELECTRIC RIGHT-OF-WAY'. , The proposed resolution waS presented to'Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A SPECIFIC PLAN FOR THE DEVELOPMENT OF THE PACIFIC ELECTRIC RIGHT- OF-WAY." Mr. Neprud, Planning Director, stated that this item had been held over from the August 26, 1974 meetipg for presentation to the full Council. Mr. Neprud presented the staff report and recommendations of the Planning Commission, and memorandums from the Police Chief" Fire Chief and Public Works Director expressing opinions concerning the width of the street as recommended by the I Planning Commission. It was established that these memorandums had not been presented to the Planning Commission. Councilman Blackman moved that the Specific Plan for the Pacific Electric Right-of-Way be sent back to the Planning Commission with the memorandums from the department heads, for further consideration of the specific plan. Councilman Kenyon seconded the motion. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2356 - OPPOSING PROCEDURES - LEASING OF TRACTS FOR OIL and GAS DEVELOPMENT Resolution Number 2356 was presented to Council by title "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOEING THE PROCEDURES OF THE UNITED STATES DEPARTMENT OF THE INTERIOR LEADING TO THE LEASING OF TRACTS FOR OIL AND GAS DEVELOPMENT OFF' THE COAST OF SOUTHERN CALIFORNIA." Councilman 9-9-74 21\3 Holden moved,to receive and file the proposed Resolution. There was no second to the motion. Sales moved, second by Blackman, to waive further reading of Resolution Number 2356. , I AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried Blackman moved, second by Sales, to adopt Resolution Number 2356 as presented. AYES: Blackman, Kenyon, McKnew, Sales NOES: Holden Motion carried C::ONSENT CALENDAR Councilman Blackman, Councilman Sales and the City Clerk requested that Item "A" be removed from the Consent Calendar; Councilman Holden requested that Items "N" and "0" be removed from the Consent Calendar; Councilman Kenyon requested that Item "D" be removed from the Consent Calendar; and ~ member of the audience requested that I Items "P" and "H'~ be remove,d from the,Consent Calendar. Blackman moved, second by Holden, to approve the recommended action for items on the Consent Calendar excepting Items "A", "D", "F", "H", "N" and "0" as presented. B. Approved regular ,demands numbered 12527 ,through 12700 in the amount of $56,058.77; 'payroll' demands numbered'3897 through 4147 in the amount of $110, 812.88; and transfe;s'in the amount of $110,812;88 as approved by the Finance Committee and that warrants be drawn on the Treas~ry'for the same: C. Approved tequest 'for medical leave of absence from Charles Toolin effective'lmmediately through July 1, , 1975. I E. Approved agreement between the City and California State University, Long Beach, for work study program and authorized the City Manager to execute the contract. G. Approved agreement be~ween City and County of Orange for bikeway financing und~r the Countywide Cooperative ,9-9-74 211.4 ~ . Bikeway Financing Program and authorized the Mayor to execute the Contract. I. Denied ,claim' of Southern California Gas Company for damage to gas lines and referred same to the city's insurance'carrier. I " J. Denied claim of General Telephone Company for damage , ,to underground facili~ies and referred same'to the city's insurance carrier. '" K. Denied claim of Don Russell Alimo for personal injuries and property damage and referred same to the city's insurance carrier. :_' L;' Received and filed'Public Notices Nos. J4-l89, 74-192 and 74-i9~ from Army Corps of Engineers re applications for permits,'for construction in Newport Beach and 'Dana ','Point'. ' ":' M. Received and filed memorand~ from Intergovernmental Coordinating Council of Orange County (ICC) regarding I ,ICC resolution service. AYES: Blackman, Holden, Kenyon, McKnew, , Sales " NOES: None Motion carried Items Removed From The Consent Calendar ITEM "A" - COUNCIL MINUTES, Councilman Blackman and Councilman Sales stated that they would abstain from voting on the approval of the August 26, 1974 Council minutes as they were absent from that meeting. The City Clerk stated that Resolution Number 2352, considered at the last meeting, had not had unanimous vote to waive the reading and asked for reconsideration of the ,resolution. RESOLUTION NUMBER 2352 - STATE EMPLOYEE RETIREMENT SYSTEM - STATE LEGISLATORS I Resolution: Number 2352 was pres~~ted t~ Council by title ,iA . :' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, '. .' 0:'. _ ,. 'J':', CALIFORNIA, REQUESTING MEMBERS OF THE CALIFORNIA LEGISLATURE TO " . , REPEAL AND AMEND THOSE SECTIONS OF THE CALIFORNIA GOVERNMENT CODE '. . I" " PERTAINING TO THE STATE EMPLOYEE RETIREMENT SYSTEM FOR STATE LEGISLATORS WHO ARE NO LONGER SERVING DUE TO LOSS OF ELECTION . 9-9-74 ;.,~5 , OR APPORTIONMENT." McKnew moved, second by Holden, to waive further reading of Resolu~ion Number 2352. AYES: Blackman, Holden, Kenyon, McKnew" Sales NOES: None Motion carried I Kenyon moved, second by Holden, to adopt Resolution Number 2352 as presented. AYES: Blackman, Holden, Kenyon, Sales NOES: McKnew ,Motion carried Mc;Knew moved, second by HOlden, to approve the mil,lutes of 1;he August 26, 1974 regular meeting as corrected. ITEM "D" - TIME EXTENSION - PROJECT 395 - PIER PILING REPAIR AND REPIACEMENT Councilman Kenyon requested clarification of the reasons for the requested time extension and questioned the length of time for the completion of Project Number 395. The City Engineer responded that the delay was due to rough.seas, poor visibility for diving operations and the addition of one piling encasement. Kenyon I moved, second by Blackman, to grant the time extension of 18 calendar days to Peterson Company and approve payment for one additional pile encasement as recommended. .. , AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried ITEMS "F" and "H" - PURCHASING PROCEDURES Ira Cohen, ~125 Fathom Avenue, requested clarification of the City'S bidding procedures. Mr. Gaudio, Administrative Assistant, outlined , , the procedures for bidding and purchasing in the City. Sales moved, second by Blackman, to approve items "F" and "H" as follows: " ITEM "F" - AWARD OF BID - VACUUM LAWN SWEEPER .: :. Bids were opened by the City Clerk for one self-propelled I vacuum lawn sweeper at 2: 00 0' clock p. m., August 27, 1974 as follows: Turf Vac Sales Company $4,701.10 Awarded the bid for one self-propelled vacuum lawn sweeper to Turf Vac Sales Company in the amount of $4,701.10 as the lowest responsible bidder and authorized the City 9-9-74 21\6 Manager to purchase the equipment. i , " ITEM "H" - SPECIFICATIONS -, FIRE DEPARTMENT VEHICLE Approved specifications for purchase of one Fire Department vehicle and authorized the City Manager to. invite bids for, AYES: Blackman, Holden, Kenyon, McKnew, Sales I ,the vehicle. " NOES: None Motion carried ITEM "N" - RESOLUTION - CITY OF MODESTO - PROPQSITION 17 - NEW MELONES RESERVOIR PROJECT . Councilman Holden stated his opposition to the resolution received from the City of Modesto concerning Proposition 17. Kenyon moved, , .' second by McKnew, to receive and file the Resolution from the City of Modesto. AYI1S: NOES: Blackman, Holden, Kenyon, McKnew, Sales , , , None Motion carried ITEM "0" ,- RESOLUTION - WES1MINSTER - COUNTYWIDE 911 EMERGENCY TELEPHONE SYSTEM Councilman Holden stated that this City had previously taken action , , , on the 911 Emergency Telephone System. It was the consensus of the I Council to receive and file the resolution from the City of Westminster regarding the Countywide 911 Emergency Telephone System. AMENDMENTS - ANIMAL CONTROL AGREEMENT Mr. Rollston, Assistant City Attorney, presented amendments to the California Animal Control contract and explained that the proposed , amendments were procedural with regard to licensing fees. '. ., I . . McKnew moved, second by Blackman, to approve the amendments to the California Animal Control contract as recommended by the City Attorney. AYES: Blackman, HOlden, Kenyon, McKnew, Sales NOES: None Motion carried , ' REPORT - APPEAL - A-3-74 - LES STUKALOFF I Mr. Neprud, Planning Director, presented the staff report and actions of the Planning Commission recommending the conditions that 1) the rear of the building be modified to hold a 9-foot setback from the rear property line, and 2) that all steel posts " l 9-9-7494~ I be removed from the rear yard setback and that occupancy permits be allower for two of the four units and that the remaining two units would not be issued permits until the modifications had been made at the rear of the building and all on-site parking could be utilized. The City Attorney recommended that Councilman Sales and Councilman Blackman abstain from voting on this matter since they had been absent at the public hearing. Kenyon moved, second by McKnew to grant the appeal A-3-74 with the conditions stated by the Planning Commission including immediate occupancy for two of the units. Councilman Holden objected to the occupancy condition. Lawrence Peters, 211 Ocean Avenue, spoke against'immediate occupancy. Mr. Stukaloff spoke for granting the appeal and stated that completion of all conditions could be accomplished from two to four weeks after approval of the Coastal Commission. Roll call on the motion: I AYES: Kenyon, McKnew NOES: Holden ABSENT: None ABSTAIN: Blackman, Sales I .- 9-9-74 2t1.8 COUNCIL REPORTS ,and' REQUESTS Councilman Holden reported, as 'a representative to the Mosquito Abatement District, that Senate BiB 1553 had been approved and ' was submitted to the Governor for his signature regarding the control of rats and mice to be included under the jurisdiction I of the Mosquito Abatement District and requested that a letter be sent over the Mayor's signature to the Governor recOJJlDlending his approval of Senate Bill 1553, that there were funds available to solve the additional vector problem by the Mosquito Abatement District. It was the unanimous consensus of the Council that the letter be sent as requested. Councilman Blackman reported ,that he had visited the California Animal Control facility'and requested that the staff review the requirements for spaying animals. Mayor McKnew reported that two Seal Beach police officers had been responsible for the capture of a robber that had been the subject of a Secret Witness search in the Independent - Press I Telegram and commended the Police Department. Mayor McKnew also reported that the Airport Land Use Commission report had not been received as yet relating to the Bixby property and expected that it 'may be available for next meeting. ORAL COMMUNIOATIONS ", Mayor McKnew declared oral communications open from the audience. Gordon Shanks, ,2l5 Surf Place, asked what activity, if any, was occurring on the 7. 85 I acre' ,Bixby property. Mayor McKnew reported that a permit had been issued to the Bixby Company for grading only. Adah Winters, 1507 Electric Avenue, voiced her complaints of weeds and trash on Main Street and on sOme of the alleys and asked for enforcement of Ordinance Number 650. Mrs. Winters was I also invited to confer with the City Manager over specific areas of her complaints. Mrs. Winters stated that the California Animal Control was doing a good job. Ira Cohen, 1125 Fathom, commented on Section 2.28 of the Code 9-9-74 / 9-23-74 . 2tl9 relating to bidding procedures and listed the Huntington Beach Humane Society, the S.P.C.A. and the National Cat Protection Society as other possible animal control agencies. Mayor McKnew explained the voting procedure used by the Council for Mr. Cohen. I There were no other oral communications; Mayor McKnew declared oral communications closed. ADJOURNMENT Holden moved, second by Sales, to adjourn the meeting at 11:30 p.m. AYES: Blackman, HOlden, Kenyon, McKnew, Sales NOES: None Motion carried of Approved: ~ I ATTEST: Seal Beach, California September 23, 1974 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 Councilmen Blackman, Holden, Kenyon, Sales Absent: None I Also present: Mr. Courtemarche, City Manager Mr. Watson, City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City Manager PROCLAMATIONS Mayor McKnew proclaimed the week of September 30 through October ,.. ...