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HomeMy WebLinkAboutCC Min 1974-10-14 9-23-74 / 10-14-74 2"8 ex-o ficio clerk 0 City Council _w"' ~~..~L~~ ATIEST, a~4f~: I'f / City Clerk I Seal Beach, California October 14, 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 I Absent ;; Councilman Sales The City Clerk advised the Council that Mr. Sales had called and informed her that he would be out of state due to illness in the family and asked that his absence be excused. Mayor McKnew, with consent of the Council, excused Councilman Sales' absence. Also present: Mr. Courtemarche, City Man!\ger Mr. Watson, City Attorney Mr. Coughlan, Assistant City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City Manager Mr. Thomas, Finan<;.e Director Mr. Gaudio, Administrative Assistant PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - CEMENT FINISHER ,I Mayor McKnew declared the public hearing open to consider amending the Position Classification Plan to include the position of Cement Finisher. The City Clerk stated that notices had been posted as required by law and that no communications had been received for 10-14-74 2!'9 or against the matter. The City Manager presented the staff report and recommendations of the Civil Service Board. There were no communications from the audience for or against the matter; Mayor McKnew declared the public hearing closed. I. RESOLUTION NUMBER 2359 - AMENDING POSITION CLASSIFICATION PLAN - CEMENT FINISHER Resolution Number 2359 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE JOB CLASSIFICATION OF CEMENT FINISHER." Holden moved, second by Kenyon to waive further reading and adopt Resolution Number 2359 as presented. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried WAIVER OF FULL READING Blackman moved, second by Holden to waive reading in full of all I ordinances and resolutions adopted at this meeting. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried AGENDA AMENDED McKnew moved, second by Blackman, to bring Item "X-A", report from Planning Director regarding Appeal A-4-74, out of order for consideration at this time. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried REPORT - APPEAL A-4-74 - AUGSBURGER I Mr. Neprud, Planning Director, presented a report outlining previous actions regarding Appeal A-4-74 filed by Jack and Myrna Augsburger to Planning Commission's denial of V-24-74 and noted that the Planning Commission reconsidered A-4-74 on October 2, 1974 and voted to report back to the City Council that they would affirm their previous action, 10-14-74 2~0 . denying A-4-74. Mr. Augsburger spoke for granting the appeal, stating that the Model 12 homes were unique. Holden moved, second by McKnew, to approve Appeal A-4-74, allowing lot coverage in excess of the maximum permitted by the Code. AYES: Blackman, Holden, Kenyon, McKnew I NOES: None ABSENT: Sales Motion carried SUBDIVISION MAP - TRACT 8534 - BIXBY RANCH COMPANY Mayor McKnew stated that due to the overflow audience and the inability to procure a larger meeting place at this late date, and in order that all the people could indicate their views on this matter before the Council at this time would be heard first, then representatives of groups wishing to speak on the matter would be heard and that he would ask for a show of hands from the audience to avoid repetitive statements. The City Manager read the communication from the Airport Land Use Commission dated September 6, 1974, regarding TentativeTract #8534. The City Attorney reviewed the proceedings to date of the Planning I Commission, City Council and the Airport Land Use CODDllission. Mr. Watson stated that in view of the action taken on May 28, 1974 by the City Council, with a four-fifths vote which overruled the Airport Land Use Commission action of April 4, 1974, his opinion was that repetitive action was not necessary. Lengt~y discussion followed. It was noted that the Bixpy Company had agreed to extend consideration of the Tract Map only to October 14, 1974. Mayor McKnew stated that the Council would hear comments from the audience at this time in the order previously described but noted that he had been advised that the candidates for Congress were present to speak on this matter and invited them to come forward. Mark Hannaford, Democratic candidate, for the 34th Congressional seat, cODDllended the Mayor on his manner in chairing this meeting I and the citizens of the community for their interest in civic affairs and supported the Federal Government acquiring property such as this to preserve open areas. State Assemblyman Bill Bond, 4432 Hazelbrook Avenue, Long Beach and 10-14-74 , 2~t Republican candidate for the 34th Congress~onal District, stated that his office had been besieged by requests to oppose the development. He favored the concept to downzone the property to non-residential and had been informed that the Navy may purchase I this property under consideration for a park to be leased to the City. Mayor McKnew questioned Mr. Bond if he knew the status for Federal Government purchase of said property and if he knew there was imminent danger of flight pattern change. Mr. Bond responded in the negative to both questions. Both candidates were asked if they would favor requesting an extension of time from the Bixby Company and both candidates responded in the affirmative. Capt. Blixt, Commander of the Naval Air Station, Los Alamitos, stated that there was a ACUIZ study under way, that the Naval Air Station could expand and that the increased flights could cause sound problems and asked for deferral of action on the final tract I map. Mayor McKnew specifically questioned Capt. Blixt regarding flight pattern changes and the time frame for Navy acquisition of said property. Capt. Blixt responded that no definite offer or authority had been given to acquire said property and as to the flight patterns, he pointed out that the flight corridor over unpopulated areas would be narrowed. Capt. Blixt stated that the flight patterns had not changed since the Council had viewed them recently. Chris Kelly, President of the College Park East Homeowners Association, referred to their court action pending against the City regarding this property and asked for a delay of action on this matter. Paul Strady, Rossmoor Homeowners Association, asked that action be postponed on this matter and requested that notification be I given their Homeowners Association of any further actions. It was noted that the Environmental Quality Control Board had notified the Rossmoor Homeowners Association of their hearings and that communications had been received from that organization at the City Council hearing. 10-14-74 ~2 '. . Harry Covert, 13681 St. Andrews Drive, Legislative Chairman of the Senior Citizens Group of Leisure World, asked that the Council deny the approval of the Tract Map. Jay Covington, 4557 Candleberry Avenue, referred to previous actions on this property regarding zoning and asked the City Attorney under what conditions the City I could downzone the property. The City Attorney responded by citing a recent Court of Appeal decision ruling that down zoning must be reasonable and consistant with the General Plan or could result in inverse condemnation. Mayor McKnew asked if anyone wished to speak in favor of the Tract Map. Mr. Mullen, Attorney representing the Bixby Ranch Company, 10850 Wilshire Blvd., stated that representatives of the Bixby Company and the development were present to answer any questions the Council may have and referred to the many hearings held on this matter and asked that a decision be made. Mr. Mullen stated that the Bixby Company did not wish to extend consideration of this matter beyond this date. I At the request of the Mayor, the audience indicated by a show of hands that a vast majority of those present were opposed to the approval of the Tract Map and approximately twelve persons indicated they supported approval of the Tract Map. McKnew moved, second by Kenyon, to disapprove the subdivision map of Tract 1/8534. Mr. Holden asked the City Attorney if this would result in a legal suit against the City. The City Attorney stated that he would anticipate a Writ of Mandate from the Bixby Company, provided all the conditions of the Tentative Tract Map had been met. The fact that the City had not adopted a Housing Element to the General Plan at this time may be a factor in this case. stating that he would be willing for the City to incur additional I Councilman Kenyon urged a yes vote from the Council on the motion bonded indebtedness for the purchase of the property for a park, 10-14"o'P4t 21:3 Roll call on the motion: AYES: McKnew, Kenyon NOES: Blackman, Holden ABSENT: Sales Motion failed I McKnew moved, second by HOlden, to receive and file the communication from the Airport Land Use Commission dated September 6, 1974, regarding Tentative Tract Map #8534. AYES: Blackman, HOlden, Kenyon; McKnew NOES: None ABSENT: Sales Motion carried Mayor McKnew called a recess of the 'Council meeting at 10:45 p.m. The meeting reconvened at 11:00 p.m. with Mayor McKnew calling the meeting to order. RESOLUTION NUMBER 2360 - APPROVING SUBDIVISION MAP - TRACT NO. 8534 - BIXBY RANCH COMPANY Resolution Number 2360 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SUBDIVISION I MAP OF TRACT NO. 8534." Kenyon moved, second by Holden, to approve Resolution Number 2360, approving Tract No. 8534. AYES: Blackman, Holden NOES: Kenyon, McKnew ABSENT: Sales Motion failed ORDINANCE NUMBER 942 - WATER SERVICE RATES Ordinance Number 942 was presented to Council by title "AN ORDINANCE 'OF THE CITY OF SEAL BEACH AMENDING CHAPTER 26, WATER AND DRAINAGE, , , OF THE CITY CODE RELATING TO RATES FOR WATER SERVICE." Holden moved, second by Blackman, to adopt Ordinance Number 942 as presented. AYES: Blackman, Holden, Kenyon, McKnew NOES: None I ABSENT: Sales Motion carried RESOLUTION NUMBER 2361 - ESTABLISHING WATER SERVICE RATES Resolution Number 2361 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING WATER SERVICE RATES."" Councilman Holden requested 10-14-74 ~.4:"..: Council consideration of a lower water service rate for high volume users and moved to adopt Resolution Number 2361 as amended. Councilman Blackman seconded the motion. Councilman Kenyon stated that he was not in favor of lower rates for all high volume users but that he would be in accord with lower rates .for the Leisure World area. Mayor McKnew stated that he I would be in favor of holding ,the matter of increased water service rates over to budget study sessions. Discussion followed. Roll call on the motion: AYES: Blackman, Holden NqES: ABSENT: Kenyon, McKnew Sales Motion failed It was the order of the Chair with consent of Council to hold this it~ over for further consideration at next meeting and that the City Manager prepare an additional resolution for consideration of reinstating the present water service rates. ORDINANCE NUMBER 945 - GARBAGE and RUBBISH I Ordinance Number 945 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTIONS 10-1.1 AND 10.2 OF ARTICLE I; DELETING SECTIONS 10-9, 10-10, 10-12, 10-13, 10-14, 10-15, 10-16, 10-17 AND 10-18 OF ARTICLE II; AMENDING SECTIONS 10-20, 10-21 OF ARTICLE III; AND ADDING SECTION 10-24.1 TO ARTICLE III, CHAPTER 10 OF THE SEAL BEACH CITY CODE RELATING TO GARBAGE AND RUBBISH, COLLECTION CHARGES THEREFOR AND CLEANING, MAINTENANCE AND UNSANITARY CONDITIONS IN CONNECTION THEREWITH." Holden moved, second by McKnew, to adopt Ordinance Number 945 as presented. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried I It was the order of the Chair with consent of Council that the City Manager investigate using large trash dumpsters on a permanent basis within the City and report back to Council. 10-14-74, 2~5' ORDINANCE NUMBER 946 - HOLIDAYS, DAYS OFF and SICK LEAVE Ordinance Number 946 was presented to Council for second reading I by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 7-38, SUBSECTION (A), RELATING TO 'HOLIDAYS AND DAYS OFF' AND SECTION 7-40 RELATING TO 'SICK LEAVE' OF CHAPTER SEVEN OF THE SEAL BEACH CITY CODE." Holden moved, second by Kenyon, to adopt Ordinance Number 946 as presented. AYES: Blackman, HOlden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried RESOLUTION NUMBER 2362 - SPECIFIC PLAN - PACIFIC ELECTRIC RIGHT-OF-WAY Resolution Number 2362 was presented to Council by title "A RESOLUTION OF THE qTY 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, presented the staff report and recommendation of the Planning Commission affirming their I previous position that a bike path should be placed on the right- of-way and that the roadbeds of both Electric Avenues should be reduced in width. Mr. N~prud further stated that the Plan included a detailed landscaping layout that was deemed to be satisfactory by the staff and that only minor changes in specific placement of plants might occur. Discussion followed. Holden moved, second by McKnew, to adopt Resolution Number 2362 and that Item #4 should read "That the bike lanes be placed on the roadbeds as in Concept #3 of the Specific Plan" and that Item #5 should read "That the greenbelt be 100 feet wide and the roadbeds of both Electric Avenues be 30 feet wide each." AYES: Blackman, HOlden, McKnew NOES: Kenyon I ABSENT: Sales Motion carried RESOLUTION NUMBER 2363 - ELECTRIC AVENUE - SECONDARY ARTERIAL HIGHWAY Resolution Number 2363 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING 10-14-74 2J:6 THE COUNTY OF ORANGE TO DESIGNATE ELECTRIC AVENUE AS A SECONDARY ARTERIAL HIGHWAY ON THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS." Holden moved, second by Blackman, to adopt Resolution Number 2363 as presented. AYES: Blackman, HOlden, McKnew I NOES: Kenyon ABSENT: Sales Motion carried RESOLUTION NUMBER 2364 - DENYING APPEAL A-2-74 - (SURFS IDE COLONY) Resolution Number 2364 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING APPEAL A-2-74. (SURFS IDE CqLONY, qD.)." McKnew moved, second by Holden, to adopt Resolut~on Number 2364 as presented. AYES: Blackman, HOlden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried RESOLUTION NUMBER 2365 - SALARY RATE - CEMENT FINISHER Resolution Number 2365 was presented to Council by title "A I RESOLUTION OF THE CITY COUNCIL OF THE CIT~ OF SEAL BEACH; CALIFORNIA, AMENDING RESOLUTION 2273 AND ESTABLISHING A SALARY RATE FOR CEMENT FINISHER." Holden moved, second by Kenyon, to adopt Resolution Number 2365 as presented. AYES: Blackman, Holde!l, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried PROPOSED RESOLUTION - WATER QUALITY CONTROL PLAN REPORT - SANTA ANA RIVER BASIN The proposed resolution was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING IN CONCEPT THE WATER QUALITY CONTROL PLAN REPORT FOR THE SANTA ANA RIVER BASIN." The City Manager and the City Engineer presented the staff report regarding the Water Quality Control Plan. I Discussion followed. Blackman moved, second by Holden, to hold this item over to a later date to allow for further study of the Plan and that the City Manager be directed to forward a letter to the Regional Water Control Board requesting additional information and - ' 10-14-7~7 I time to allow further study of the Plan prior to adoption by the Regional Board. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried RESOLUTION NUMBER 2366 - BaLSA CHICA ROAD RIGHT-OF-WAY - DEANNEXATION Resolution Number 2366 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH ,THE LOCAL AGENCY FORMATION COMMISSION FOR THE SIMULTANEOUS DETACHMENT FROM SEAL BEACH AND ANNEXATION TO THE CITY OF WESTMINSTER OF A STRIP OF TERRITORY WITHIN THE BOLSA CHICA ROAD RIGHT-OF-WAY NORTHERLY OF WESTMINSTER AVENUE." Holden moved, second by Blackman, to adopt Resolution Number 2366 as presented. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales CONSENT CALENDAR Motion carried I Holde~ moved, second by McKnew, to approve the recommended action for items on the Consent Calendar as presented. A. Approved the minutes of the regular Council meeting of September 23, 1974 as presented. B. Approved regular demands numbered 12839 through 13051 in the amount of $124,623.29; payroll demands numberes 4389 through 4597 in the amount of $101,664.80; and transfers in the amount of $147,662.53 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. I C. Approved amendment to Agreement with C & C Boats, Inc. and authorized the City Manager to execute and set public hearing for Monday, October 29, J974, at 8:00 p.m. to consider establishing an annual rate for 24-hour reserved parking in the Parking District #1 lot. 10-14-74 2f.:8 , ~ D. Received and filed petitions from College Park East and Leisure World requesting City Council to organize and fund a paramedic unit in Seal Beach. E. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., September 26, 1974 for I Marina Drive Improvements, Project Number 380 as follows: Sully-Miller Coxco, Inc. E. L. White Co. Silveri & Ruiz Fleming & Clarke R. W. McClellan ,$ 162,470.43 168,414.25 169,803.75 175,089.60 190,911.10 192,850.46 Awarded the bid for Marina Drive Improvements, Project Number 380, to Sully-Miller Contracting Company in the amount of $162,470.43, as the lowest responsible bidder for the unit prices bid, rejected all other bids and authorized the City Manager to execute the contract. F. Received and filed notice from Public Utilities to increase telephone service rates to offset increased I Commission denying request from Pacific Teiephone wage, salary and associated expenses. G. Received and filed Resolution No. 1534 from City of Cypress, supporting Proposition A on the November 5, 1974 ballot in order to provide a high quality transportation program in Orange County. H. Granted additional time extension of 60 days, to December 31, 1974, for submission of Annual Audit. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried CARPOOLING PROJECT I Mr. Halldin, City Engineer, reported on a carpooling project as suggested by the Department of Transportation and requested the allocation of $1,000 from the contingency funds to finance the City costs for said project. Councilman Holden questioned the 1O~,14-74 ~ appropriation of $1,000 of city funds and Councilman Kenyon requested that this item be held over for next meeting when the full Council would be present. McKnew moved, second by Kenyon, to hcild the matter of the carpooling proj ect and the appropriation I of $1,000 for the city's cost for the project over to next meeting. AYES: Blackmari, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried APPOIN'lMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL The City Manager presented a communication from the Orange County Health Planning Council requesting the City Council appoint a local member to the Council and outlined the functions of the agency. Mayor McKnew stated that the City Clerk had indicated she would be interested in serving on this agency. Holden moved, second by Blackman, to appoint the City Clerk, Jody Weir, as this city's appointment to the Orange County Health Planning Council for a I term of one year. AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion, carried It was the order of the Chair, with consent of Council, that a letter of appreciation be sent to Mr. Lester Marshall, the previous city appointee, for his services in representing this city on the Orange County Health Planning Council. VOTING DELEGATE - ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE Holden moved, second by Blackman, that Mayor McKnew be appointed, as this city's voting delegate to the Annual League of Cities Conference and that Councilman Sales be appointed the alternate voting delegate. I AYES: Blackman, Holden, Kenyon, McKnew NOES: None ABSENT: Sales Motion carried COUNCIL REQUESTS and REPORTS Proposition X - H.B.U.H.S.D. Mayor McKnew stated that he had 10-14-74 .~O received a r~quest relating to support of Hun~ington Beach Union High School District Proposition X, directed that the matter be on the agenda for next m~eting for consideration of the Council, and that a representative from the District would be welcome. Proposition A - OCTD. Mayor McKnew also reported that an OCTD I representative had requested to speak to the Council on Proposition A and directed that this matter be placed on the agenda for next meeting. Proposition 17. Councilman Holden, reported that the West Orange County Water Board had taken a stan4 against Proposition 17, the Wild Scenic Rivers Initiative, stating that 52,million dollars had already been invested in'the project, and that the local governments were opposed to the proposition. Clarification of Action. Councilman. Kenyon asked the City Attorney to clarify the meaning of the actions taken by the City Council this meeting on Tract #8534. Mr. Watson, City Atto~ey, explained that the motions failed with a tie vote and therefore advised the City I Clerk and the City Engineer not to sign for recordation of the tract map. Mr. Watson stated that the California Legislative Counci:1 had given an opinion that a ~ousing Element must be adopted before tract maps are acted upon. ORAL COMMUNICATIONS Mayor McKnew declared oral communications open. Jay Covington, 4557 Candleberry, Aven~e, requested clarification of the vote on Tract #8534. Mr. Watson explained that his opinion was based on the resulting tie vote of the two motions made by the Council. Mr. Watson clarified the law relating to Conflict of Interest and the Rule of Necessity at the request of Mr. Covi,ngton and consent of the Mayor. I' There were no other oral communications; Mayor McKnew declared oral communications closed. ADJOURNMENT Holden moved, second by Blackman, to adjourn the meeting at 12:22 a.m. 10-14-74 / 10-29-74 ...2?1 AYES: Blackman, HOlden, Kenyon, McKnew NOES: None ABSENT: , Sales Motion carried I , Approved: ATTEST: Seal Beach, California October 29, 1974 I The City Council of the City of Seal Beach met in regular session at 8:10 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 Also present: Mr. Courtemarche, City Manager Mr. Coughlan, Assistant City Attorney Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City Manager Mr. Gaudio, Administrative Assistant Chief Cibbarelli, Police Department Chief Adams, Fire Department APPOINTMENT - ASSISTANT CITY ATTORNEY Holden moved, second by Blackman, to confirm the City Attorney's I appointment of Mr. Patrick Coughlan and the city'S Assistant City Attorney. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried