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HomeMy WebLinkAboutCC Min 1975-01-13 1-13-75 311 Off: Seal Beach, California January 13, 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 I 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. Thomas, Finance Director Mr. Osteen, Recreation Director Mr. Little, Assistant to the City Manager Mr. Gaudio, Administrative Assistant Chief Adams, Fire Department WAIVER OF FULL READING Blackman moved, second by Kenyon, to waive the reading in full of all ordinances and resolutions, and that consent of the waiver I of reading shall be deemed to be given by all Council members after reading of the title unless specific request is made at that time by a Council member for the reading of such ordinance or resolution. AYES: Blackman, Holden, Kenyon, McKnew, SAles NOES: None Motion carried PROCLAMATIONS Mayor McKnew proclaimed the month of February, 1975 as "Heart Month" and Sunday, February 23, 1975 as "Heart Sunday." Mayor McKnew proclaimed Wednesday, January 22, 1975, as "Volunteers in Education Day." PUBLIC HEARING - APPEAL - A-5-74 (V-35-74) - TASCHNER I Mayor McKnew declared the public hearing open to consider Appeal A-5-74 of Bruce Taschner to permit a fence which exceeds maximum permitted height in the front yard setback. The City Clerk stated that notices had been posted and mailed as required by law and that a petition and letter had been received in support of the appeal, copies of which had been provided to the Council. Mr. Neprud, 1-13-75 ("1<- <li t.1i 312 Planning Director, presented the staff report and related reasons for denial of Variance V-35-74 by the Planning Commission. Mayor McKnew invited members of the audience wishing to speak in favor of the appeal to come to the microphone and state their name and address for the record. Mr. and Mrs. Bruce Taschner, 601 Beachcomber Drive, were duly sworn by the Clerk, addres~ed the Council'and requested approval of their appeal, stating that the location of their property, noise levels, privacy and property appearance were their main reasons for building the wall in.question. Mr. and Mrs. Taschner stated that they had telephone conversations with the Building Department on three different occasions, that they had inquired as to whether a building permit was required to replace their driveway and build the wall and that they were informed that it was not. Mr. Taschner presented pictures of the wall on their property and other walls within the City for the information of the Council. Discussion followed. Mr. and Mrs. Harry J. Stevens, 605 Beachcomber Drive, spoke in favor of the wall; Mr. and Mrs. Don Brown, 605 Seabreeze Drive, spoke in favor of the appearance of the wall and requested that it be allowed to remain. Councilman Kenyon questioned the accessability to the driveway and safety of street and sidewalk traffic. There were no other communications from the audience; Mayor McKnew declared the public hearing closed. Mayor McKnew noted that Mr. Knapp, member of the IHanning Commission was in the audience, and with the consent of the Council reopened the public hearing to hear testimony from Mr. Knapp. Mr. Knapp, 645 Sandpiper Drive, stated that the application for a variance had been heard by the Planning Commission on December 18, 1974 and that the request for variance was considered on the basis of the requirements of the Seal Beach City Code. Mr. Knapp further stated that upon the denial of a variance request, it was the duty of the Planning Commission to inform the applicant 'of their right of appeal to the City Council. I I I 1-13-75 313 .-, 1'\(10 o;>,.;t.,{.. There were no other communications; Mayor McKnew declared the public hearing closed. Blackman moved, second by HOlden, to refer the Taschner appeal back to the Planning Commission with the recommendation that they consider I the unusual location of the property as it relates to noise levels as grounds for approval of the variance. Discussion followed. Councilman Kenyon stated that he would prefer approval of the appeal by the City Council at this meeting. Councilman Blackman stated that he would withdraw his original motion and move for the approval of the appeal if that procedure was legal. The City Attorney advised that there is no provision in the Code for the City Council to grant an appeal without referring it back to the Planning Commission for their consideration of the Council's recommendations. Mr. Neprud clarified for Councilman Sales that 'unusual location' did comply with the definition of hardship as stated in the Code. I AYES: Blackman, Holden, Kenyon, McKnew NOES: Sales Motion carried Councilman Kenyon requested that the zoning ordinance should be amended to allow the Council to overturn the Planning Commission recommendations without undue time lost by applicants. Mayor McKnew suggested that this item be considered later in the meeting. PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - APPRENTICE FIREFIGHTER Mayor McKnew declared the public hearing open to consider amending the Position Classification Plan to include the postion of Apprentice Firefighter. The City Clerk stated that notices had been posted as required by law and that no communications had been received for or against the matter. I Mr. Courtemarche, City Manager, presented the staff report, stating that participation in an Apprentice Firefighters Program would allow the city to fill its obligations under the Joint Powers Fire Protection Agreement by constant manning of engine companies by three firemen. Mr. Courtemarche further stat~d that the apprentice firefighters would be hired through a contractual a~rangement and that C.E.T.A. Title VI 1-13-75 i;J.814 Funds could be used for the funding of the Apprentice Firefighters Program. Members of the City Council discussed the factors of these employees as it related to termination and the scholastic program required. The City Manager responded to questions regarding the number of fire personnel presently employed and the cost of the Apprentice I Program. There were no communications from the audience for or against the matter; Mayor McKnew,declared the public hearing close4. RESOLUTION NUMBER 2391 - AMENDING POSITION CLASSIFICATION PLAN - APPRENTICE FIREFIGHTER Resolution Number 2391 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 CLASS- IFICATION OF APPRENTICE FIREFIGHTER." By unanimous consent, full reading of Resolution Number 2391 was waived. Holden moved, second by Blackman, to adopt Resolution Number 2391 as presented. Councilman Kenyon requested that the public hearing be reopened to hear testimony from the Fire Chief, Ron Adams. Mayor McKnew, with I consent of the Council, reopened the public hearing as requested. , " Ron Adams, Fire Chief, 428 Marble Cove Way, spoke in support of the Apprentice Fireman Program and stated that the apprentice firemen would be utilized as relief personnel to maintain constant strength of the Fire Department during periods of time off, vacations and in case of injury. Mayor McKnew declared the public hearing closed. Roll call on the motion: AYES: Blackman, Holden, McKnew, Sales NOES: Motion carried Kenyon ORDINANCE NUMBER 949 - HOLIDAYS AND DAYS OFF AND SICK LEAVE Ordinance Number 949 was presented to Council for second reading I by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 7-38, SUBSECTIONS '(a) and (b), RELATING TO 'HOLIDAYS AND DAYS OFF' AND SECTION 7-40 RELATING TO 'SICK LEAVE' OF CHAPTER SEVEN OF THE SEAL BEACH CITY CODE." By unanimous consent, I ~/ I I 1-13-75 t. .thi5 full reading of Ordinance Number 949 was waived. Sales moved, second by Blackman, to adopt Ordinance Number 949 as presented. AYES: Blackman, HOlden, Kenyon, McKnew, Sales NOES: Motion carried None AGREEMENT - ESTABLISHMENT OF SANTA ANA RIVER FLOOD PROTECTION AGENCY Mr. Coughlan, Assistant City Attorney, reported that the proposed agreement for establishment of the Santa Ana River Flood Protection Agency had been reviewed and that the amendments, as recommended by the City Council, had been included in the final agreement. Mr. Coughlan stated that the open endedness provision of the agreement be clarified prior to second year approval. Discussion followed. It was the consensus of the Council that Councilman Sales be appointed as Commissioner of the Agency arid that Thomas I. McKnew, Jr. be appointed as alternate Commissioner of the Agency on behalf of the City of Seal Beach, said appointment to be so stated by resolution. RESOLUTION NUMBER 2392 - AFFIRMING MEMBERSHIP - SANTA ANA RIVER FLOOD PROTECTION AGENCY Resolution Number 2392 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY." By unanimous consent, full reading of Resolution Number 2392 was waived. Kenyon moved, second by Holden, to adopt Resolution Number 2392 as presented and inserting the names of Councilman Sales and Mayor McKnew as this city's representatives to the Agency. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried RESOLUTION NUMBER 2393 - ESTABLISHING SALARY RATE - APPRENTICE FIREFIGHTER Resolution Number 2393 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A SALARY RATE FOR APPRENTICI? FIREFIGHTER." By unanimous consent, fu~l, reading of Resolution Number 2393 was waived. ,~olden moved, second by Sales, to adopt Resolution Number 2393 as presented. AYES: NOES: Blackman, Holden, Kenyon, McKnew, Sales None Motion carried 1-13-75 '~'1151G CONSENT CALENDAR Councilman Sales requested that Items "C" and "I" be removed from the Consent Calendar; Councilman Blackman requested that Item ,,~, be removed from the Consent Calendar; and Mayor McKnew requested that Item "Y" be removed from the Consent Calendar. Sales moved, I second by Blackman, to approve the recommended action for items on the Consent Calendar excepting Items "C", "I", "S" and "Y" as presented. A. Approved the minutes of the regular Council meeting of December 23, 1974. B. Approved regular demands numbered 13682 through 13830 in the amount of $103,767.71 and payroll demands numbered 5658 through 5860 in the amount of $99,638.21 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. D. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., December 23, 1974 for one Tractor '",. Loader as follows: I A-I Equipment Sales Eagle Tractor Inc. Case Power Equipment $10,019.00 10,700.00 12,791.98 Awarded the bid for one Tractor Loader to A-I Equipment Sales in the amount of $10,019.00, as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. E. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., December 23, 1974 for one I-ton Cab & Chassis as follows: Beach City Chevrolet Fairway Ford Bob Johnson GMC Pacific Auto Sales, Inc. Carmenita Ford TrUck Sales International Harvester Co. $4,748.72 4,785.00 4,794.08 5,135.70 5,183.97 5,266.46 I Awarded the bid for one I-ton Cab and Chassis to Beach City Chevrolet in the amount of $4,748.72, as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. 1-13-75 u.U~17 F. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., December 23, 1974 for one Tandem Drive Rear Axles, Cab & Chassis Truck as follows: I Bob Johnson GMC Beach City Chevrolet Carmenita Ford Truck Sales S & J Chevrolet International Harvester Pacific Ford $13,448.11 15,396.23 16,343.34 18,440.90 19,367.85 No Bid Awarded the bid for one Tandem Drive Rear Axles, Cab and Chassis Truck to Bob Johnson GMC in the amount of $13,448.11, as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. G. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., December 23, 1974 for one 19,000 GVW Cab and Chassis as follows: I Beach City Chevrolet Bob Johnson GMC Fairway Ford Carmenita Ford International Harvester S & J Chevrolet Pacific Auto Sales, Inc. $6,478.17 6,566.14 6,850.00 6,932.56 6,973.26 8,080.51 8,157.76 Awarded the bid for one 19,000 G.V.W. Cab and Chassis Truck to Beac~ City Chevrolet in the amount of $6,478.17, as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. H. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., December 23, 1974, for one power Vacuum Sweeper as follows: R. J. Lison Co. Tennant Co. $5,761. 00 7,204.82 Awarded the bid for one Power Vacuum Sweeper to R. J. Lison Company in the amount of $5,761.00, as the lowest I responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. J. Received and filed notice from General Telephone Company re its application for general increases in its rates. 1-13-75 ~t,U~ ..., 318 K. Received and filed notices from the Public U~ilities Commission re applications of Gray Line Tours Co. and Pacific Telephone Company for rate increases. L. Denied claim of Ross Mariners Hotel for personal property damages and referred same to the city's I insurance carrier. M. Denied claim of Pamela Dominguez for personal property damages and referred same to the city's insurance carrier. N. Denied claim of Peter A. Loos for property damage and referred same to the city's insurance carrier. O. Denied claim of Kathy Nelson for personal property damges and referred same to the city'S insurance carrier. P. Denied claim of Charles L. Dickinson and Al Brown for personal property damages and referred same to city's insurance carrier. I' Q. Received and filed notice from Local Agency Formation Commission re public hearing on proposed annexation to City of Costa Mesa. R. Received and filed notice from Southern California Edison Company re its application to Public Utilities Commission for a change in its fuel cost adjustment billing factor. T. Received and filed notices from Army Corps of Engineers re applications for permits for construction in Long Beach and Marina del Rey Harbors. U. Received and filed Resolution No. 74-1833 from Orange County Board of Supervisors re authorizing expenditure"of $5,000 for funding of offshore oil I drilling critique and encouraging each city in Orange County to financially participate in said critique. V. Bids were received and opened by theCity Clerk at 2:00 o'clock p.m., December 23, 1974 for one I-ton Utility Truck as follows: 1-13-75 319 ~;.: t,'\'o ...........t..t.t Groth Chevrolet Carmenita Ford Truck Sales Bob Johnson GMC Beach City Chevrolet Fairway Ford International Harvester $4,652.61 6,482.00 6,209.47 6,035.51 6,075.00 6,452.35 I Awarded the bid for one I-ton Utilit)" Truck to Beach City Chevrolet in the amount of $4652.61 as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purchase the equipment. W. Bids were received and opened by the City Clerk at 2:00 o'clock p.m, January 6, 1975 for one IS-station Exercise Machine as follows: Universal Athletic Sales $3,131.45 Company Universal Sports Company 3,049.51 Awarded the bid for one IS-station Exercise Machine to Universal Athletic Sales Company in the amount of $3,131.45 as the lowest responsible bidder, I rejected all other bids and authorized the City Manager to purchase the equipment. x. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., January 6, 1975 for two sets of Murphymatic Controls as follows: Waukesha Engine Servicenter $195.57 Awarded the bid for two sets of Murphymatic Controls to Waukesha Engine Servicenter, Inc. in the amount of $195.57 including $3,259.54 trade-in allowance on surplus equipment as per specifications, as the lowest responsible bidder, rejected all other bids and authorized the City Manager to purChase the equipment. I AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried Items Removed From The Consent Calendar ITEM "C" - AGREEMENT - C & C BOATS. INC. Councilman Sales moved that the agreement between the City of Seal Beach and C & C Boats, Inc. be held over for further study and review 1-13-75 ~ of charges as set forth in the agreement. Mayor McKnew seconded the motion. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: Motion carried None ITEM "I" - RESOLUTION - CITY OF GARDEN GROVE - ORANGE COUNTY TRANSIT DISTRICT I Councilman Sales referred to the Resolution received from the City of Garden Grove 'Recommending that Orange County Transit District be elected by a vote of the people' and requested direction from the Council as he would be voting on this matter at the next League meeting. It was the consensus of the Council to support the League position on this matter, that the District Directors be comprised of two persons from the League, two members of the Board of Supervisors and one person ,being appointed by the aforementioned and that a resolution be prepared for next meeting stating this city's recommendation. ITEM "S" - RESOLUTION - CITY OF HUNTINGTON BEACH - POWERS, FUNDING, AND GOVERNMENT ELEMENT Mayor McKnew reported that another hearing would be held February 3rd II by the South Coast Regional Coastal Commission on the Powers, Funding and Government Element and noted that a revision in the Element had been provided by the Commission, but that the changes were minimal and requested that a resolution be prepared for next meeting after review of the revised Element. It was the consensus of the Council that a resolution be prepared for next meeting opposing the Powers, Funding, and Government Element of the South Coast Regional Coastal Commiss~on, after review as stated above. Kenyon moved, second by Blackman, to receive and file the resolution from the City of Huntington Beach opposing the Powers, Funding, and Government Element of the South Coast Regional Coastal Commission. I AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: Motion carried None ITEM "Y" - PROJECT #380 - MARINA DRIVE IMPROVEMENTS - TIME EXTENSION Councilman Sales questioned the need for the time extension for ,. 1-13-75 lk:m- I Project #380. Mr. Halldin, City Engineer, explained that the delay was due'to the Edison Company having to relocate certain facilities along Marina Drive; McKnew moved, second by Blackman, to grant the time extension of 42 calendar days to Sully-Miller Contracting Company for Project No. 380, Marina Drive Improvements, as requested. AYES: Blackman, HOlden, Kenyon;' McKnew, Sales .. NOES: None Motion carried REPORT - FLOOD CONDITIONS OF DECEMBER 4, 1974 Mr. Halldin, City Engineer, reported on the evaluation of storm conditions on December 4, 1974 and additional information received from the Orange County Flood Control District showing the rainfall intensity. Discussion followed regarding design of present storm drains and their capacity, proper function of equipment and design and construction of future storm drains within the City. Ron Kredell, 1615 Seal Way, spoke regarding the pumping equipment and their capability to handle such a storm and questioned responsiblity for claims for damages to personal property. Mr. Kunz, 247 - 16th Street, discussed the staff reports regarding the storm conditions and procedures for handling such a storm of this intensity. Worth Keene, 238 - 16th Street, referred to the design of the flood control system in the City. It was the order of the Chair with consent of Council that a report be prepared regarding flood procedures and presented to Council at next meeting. I REPORT - PAWNSHOPS Mr. Neprud, Planning Director, presented the staff report and recommendations of the Planning Commission to delete the provision for licensing of pawnshops from the City Code. Holden moved, second by Sales, to direct the staff to prepare an ordinance for next I meeting, deleting Section 11-115, providing for licensing of pawnshops, from the Seal Beach City Code, as recommended. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried 1-13-75 n\l~ 1 -<<;">~Uil;.,.. REPORT - C.E.T.A. FUNDS Mr. Little, Assistant to the City Manager, reported on the Comprehensive Employment and Training Act (C.E.T.A.) and that these funds would be available for public service employment. Mr. Little stated that this city's share of the funds would be $44,400 and related the requirements for employment under this I program. Discussion followed. Blackman moved, second by Holden, to designate the use of ~his city's Title VI CETA Funds for the employment of three Appr~ntice Firefighters and one Clerk/Dispatcher for the Police Department as recommended. AYES: Blackman, Holden, McKnew NOES: Kenyon, Sales Motion carried COUNCIL REPORTS and REQUESTS Councilman Kenyon reported that two of the new pier railings had been broken. Councilman Sales referred to an increase in the animal control problem and c9mplaints for non-ticketing of sweeper I violations. 'f!1e City Clerk informed the Council that forms had been received from the Secretary of State for-filing under Proposition 9 and that the forms would be forwarded t9 the proper city officials. Councilman Sales and members of the Cou~cil commended members of the city staff in dealing with the flood problem of December 4th. ORAL COMMUNICATIONS There were no oral communications from the audience. ADJOURNMENT Holden moved, second by Sales, to adjourn the meeting at 11:30 p.m. AYES: Bl~ckman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried I ex-officio clerk of City Council , 1-13-75 / 1-27-75 G.'.i;?3 , Approved: ~J~~--- l\ ~Jx'~,~ M~ 't- ATTEST: I Seal Beach, California January 27, 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 Councilmen Blackman, Holden, Kenyon, Sales Absent: None I 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 WAIVER OF FULL READING Sales moved, second by Holden, 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' after reading of the title unless specific request is made at that time by a Council member for the reading of such ordinance or resolution. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried PUBLIC HEARING - CIRCULATION ELEMENT TO THE GENERAL PLAN Mayor McKnew declared the public hearing open to consider adoption I of a Circulation Element to the City's General Plan. The City Clerk stated that notices had been posted 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 Planning Commission recommendation that the City Council adopt the revised