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Home My WebLink AboutCC Min 1975-01-27 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 1-27-75 if~ Circulation Element. Mr. Neprud'stated that the greatest modification to the Element was to:the extension'ofJFirsf'Street.behind Marina Hill. There were no written communications presented from the audience for or against the Circulation Element. There was no oral oral communications from the audience in favor of the Circulation Element. Jay Covington, 4557 Candleberry Avenue, was duly sworn by the Clerk and spoke in opposition to the Element by stating that he wished consideration of an additional item to be included in the Circulation Element, specifically, straightening of Lampson Avenue to Seal Beach Boulevard, if and when the Naval Air Station should close. At the request of the Mayor, Mr. Neprud related that the staff had contacted the Naval Air Station and had been informed that their plans were to continue operation at the present level. There were no further oral communications from the audience; Mayor McKnew declared the public hearing closed. RESOLUTION NUMBER 2394 - ADOPTING CIRUCLATION ELEMENT TO THE GENERAL PLAN Resolution Number 2394 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A REVISED CIRCULATION ELEMENT TO THE GENERAL PLAN AND REPEALING ALL PROVISIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 2394 was waived. : Council deliberated on all aspects of the Circulation Element presented and heard. It was the general consensus of the Council that it would be an asset to the City to straighten Lampson Avenue should the Naval Air Station close and in that event the Circulation Element could be amended at that time. McKnew moved, second by HOlden, to adopt Resolution Number 2394. Councilman Sales referred to page 14 under Capital Improvements Program and the priorities listed and requested that an additional priority be added to that section, specifically that First Street be extended from Pacific Coast Highway to Westminster Blvd. Mr. Sales elaborated on his request by stating that this inclusion would benefit the residents of College Park West and College Park ,I I I 1-27-75 .i~' East. Mayor,~cKnew stat~d'~hat,he.~ould~nclude the addition to his motion if it-were appropriate, The City Attorney stated that this amendment did not appear to be a significant'change and could therefore be included without,ref~rral back to the Planning Commission. I McKnew moved to amend his original motion by the addition of a , priority to the Capital Improvements Program, extending First Street from Pacific Coast Highway to Westminster Blvd. Councilman Holden seconded the amended motion. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried PUBLIC HEARING - APPLICATION - JACQUELINE F. MILLER Mayor McKnew declared the public heaTing open to consider an application from Jacqueline F. Miller for relief from conditions in City Council Resolution,Number 2052. The City Clerk stated that notices had been posted and mailed as required by law. Mr. Neprud, Planning Director, referred to communications presented to the City I Council and at the request of the Mayor, the following communications were read for the record; letter dated June 10, 1972 from Jo Shepherd; letter dated May 26, 1972 from Stan Miller; and letter dated November 26, 1971 to Stan Miller from Mr. Neprud, all relating to the subject under hearing at this time. Mr. Neprud also explained the previous requirements imposed by the City Council on the subject property and further presented the Planning Commission action of January 15, 1975 recommending denial of all three requests. There were no communications from the audience in favor of the matter before the Council. James T. Gilkerson, 1011 Electric Avenue, was duly sworn by the Clerk and spoke in opposition to the application and presented pictures to substantiate claims of parking problems caused by the activity of the applicants businesses. The pictures I presented and Mr. Gilkerson's letter dated January 13, 1975, were received for the record by the Council. Mr. Gilkerson suggested that Mrs. Miller could purchase an area for parking to alleviate the problem. Jean Dorr, 231 - 6th Street, commented that the parking facilities available to the applicant now were not being 1-27-75 '<'-<(....,. ~'........32G used as they should be. It was verified that the applicant had received notice of the public 'hearing and was not present at this time. There were no other communications for or against the matter; Mayor McKnew declared the public hearing closed. Blackman moved, second by Holden, to uphold the Planning I Commission recommendation to deny the requests of Jacqueline Miller regarding the wall partition, dry flower assembly area and beauty shop and that appropriate measures be taken by the staff to enforce this action. The Council discussed the problem of inadequate parking for businesses in the City of Seal Beach. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: Motion carried. None ORDINANCE NUMBER 950 - LICENSING OF PAWNSHOPS Ordinance Number 950 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING SEC. 11-115 OF THE CITY CODE CONCERNING THE LICENSING OF I PAWNSHOPS." By unanimous consent, full reading of Ordinance Number 950 was waived. Holden moved, second by Sales, to approve the introduction of Ordinance Number 950. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: Motion carried None ORDINANCE NUMBER 951 - and - ORDINANCE NUMBER 952 - SOLICITATION Ordinance Number 951 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, PERTAINING TO SOLICITATION ON PRIVATE PROPERTY BY ADDING A NEW SECTION TO CHAPTER 15, ENTITLED OFFENSES - MISCELLANEOUS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH" and Ordinance Number 952 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING A NEW CHAPTER TO THE CODE OF ORDINANCES I PERTAINING TO CHARITABLE AND RELIGIOUS SOLICITATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." The City Attorney reported on the legal complications of drafting both ordinances and explained these matters to the City Council. 1-27-75 .~".~. 327 4 ?,.;o.,.. Mayor McKnew spoke in opposition to the ordinance as a violation of the first amendment to the Constitution and that it was so vague as to'invite a contest as to interpretation. Councilman Kenyon commented that he was opposed to the ordinances and understood I that they were watered down by legal necessity. Councilman Holden stated that the present solicitation ordinance was effective. Blackman moved, second by Kenyon, that Ordinance Number 951 be rej ected. AYES: Blackman, Holden, Kenyon, McKnew NOES: Sales Motion ca=ied Kenyon moved, second by Blackman that Ordinance Number 952 be rejected. AYES: Blackman, Holden, Kenyon, McKnew NOES: Sales Motion carried Councilman Sales stated that he had requested this ordinance as a result of complaints from citizens about interference from solicitors. I RESOLUTION NUMBER 2395 - HONORING DAVID L. BAKER Resolution Number 2395 was presented to Council by title "A RESOLUTION OF THE CITY OF SEAL BEACH HONORING DAVID L. BAKER FOR HIS DISTINGUISHED CAREER AS A PUBLIC OFFICIAL AND OFFERING THE GRATITUDE OF THE CITIZENS OF SEAL BEACH FOR OUTSTANDING SERVICE ON BEHALF OF THE CITY." By unanimous consent, full reading of ResolutionNumber 2395 was waived. Holden moved, second by McKnew, to adopt Resolution Number 2395 as presented. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried It was the order of the Chair with consent of Council that the resolution be permaplaqued for presentation to Mr. Baker. I RESOLUTION NUMBER 2396 - OPPOSING POWERS, FUNDING and GOVERNMENT ELEMENT - SOUTH COAST REGIONAL COASTLINE COMMISSION Resolution Number 2396 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING THE PROPOSED POWERS, FUNDING AND GOVERNMENT ELEMENT OF THE SOUTH COAST REGIONAL COASTLINE COMMISSION." By unanimous consent, full reading of Resolution Number 2396 was waived. Kenyon moved, second 1-27-75 ~lis by Sales, to adopt Resolution Number 2396 as presented. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: Motion carried None RESOLUTION NUMBER 2397 - BOARD MEMBERS - ORANGE COUNTY TRANSIT DISTRICT BOARD Resolution Number 2397 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF THE PRESENT METHOD OF SELECTING DIRECTORS TO THE ORANGE COUNTY TRANSIT DISTRICT BOARD (OCTD) AND OPPOSING DIRECT ELECTION OF THE BOARD MEMBERS." By unanimous consent, full reading of Resolution NUIIlber 2397 was waived. Councilman Kenyon stated that he was in favor of the Board Members being elected by the citizens. Blackman moved, second by Sales, to adopt Resolution Number 2397 as presented. AYES: Blackman, Holden, McKnew, Sales NOES: Motion carried Kenyon RESOLUTION NUMBER 2398 - GENERAL PREVAILING RATE - PER DIEM WAGES Resolution Number 2398 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES AND THE GENERAL PREVAILING RATE FOR HOLIDAY AND OVERTIME WORK TO BE PAID ON PUBLIC WORKS PROJECTS WITH THE CITY (1974-75)." By unanimous consent, full reading of Resolution Number 2398 was waived. Mr. Coughlan, Assistant City Attorney, recommended that Section 3 of the Resolution should be amended to provide that the resolution and wage schedule be published in a newspaper of generai circulation within the City. Richard Kunz, 247 - 16th Street, requested clarification of the prevailing rate of per diem wages. Mr. Coughlan responded that Section 1773 of the Labor Code requires that the City adopt general prevailing wage rates for its area, that the rates must be reviewed annually and that union rates are considered the general prevailing rate. Holden moved, second by Sales, to adopt Resolution Number 2398 as amended. AYES: Blackman, HOlden, Kenyon, McKnew, Sales NOES: Motion carried None I I I 1-27-75 MJ RESOLUTION NUMBER 2399 - COMPLETION - PROJECT 419 - STORM DRAIN CONSTRUCTION - SEAL BEACH BLVD. and BEVERLY MANOR ROAD Resolution Number 2399 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING I WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 419, STORM DRAIN CONSTRUCTION IN THE VICINITY OF SEAL BEACH BOULEVARD AND BEVERLY MANOR ROAD, IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN KERSHAW CONSTRUCTION COMPANY AND CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 2399 was waived. Sales moved, second by Kenyon, to adopt Resolution Number 2399 as presented. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried CONSENT CALENDAR Councilman Kenyon requested that Item "G" be removed from the Consent Calendar. Holden moved, second by Blackman, to approve the recommended action for items on the Consent Calendar excepting Item "G" as presented. A. Approved minutes of the regular Council meeting of I January 13, 1975 as presented. B. Approved regular demands numbered 13831 through 13977 in the amount of $94,070.46; payroll demands numbered 5861 through 6055 in the amount of $88,687.00 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Approved agreement with the Redevelopment Agency for Administrative Services and authorized the Mayor to execute. D. Approved agreeement with the Redevelopment Agency for Improvement, Construction and Maintenance of the Pacific Electric Right-of-Way and authorized the Mayor I to execute. E. Approved plans and specifications for alley projects at 16th Street (Landing to Electric), 17th Street (Pacific Coast Highway to Electric), and 3rd Street (Central to Marina) and authorized the City Manager to obtain bids. 1-27-75 If..u30 AYES: NOES: F. Bids were received and opened by the City Clerk at 2:00 o'clock p.m., January 20, 1975 for one CJ5 Jeep Vehicle for the Lifeguard Department as follows: Don-A-Vee Motors Brian Chuchua' s Jeep Service $4,346.56 4,479.69 Awarded the bid for one CJ5 Jeep Vehicle to Don-A-Vee Motors in the amount of $4,346.56 as the lowest I responsible bidder, rejected all other bids and authorized the City Manager to purchase the vehicle. H. Denied claim of Harbour Surfboards for 'property damages and referred same to the city's insurance carrier. I . Denied claim of J. Brent Dunn for property damages and referred same to the city's insurance carrier. J. Denied claim of Toshiko Goto for personal property ~ages and referred1same'to the city's insurance carrier. " K. Received and filed memorandum from Intergovernmental I Coordinating Council of Orange County re ICC Resolution Service. L. Received and filed Notice of Hearing on Public Utilities Commission Application No. 55344 for revision rates, charges and rate structures for intrastate voice grade private line telephone service. Blackman, Holden, Kenyon, McKnew, Sales None Motion carried Items Removed From The Consent Calendar ITEM "G" - AGREEMENT - C & C BOATS, INC. Councilman Kenyon requested clarification of the increased charges as stated in the agreement with C & C Boats. The City Manager I responded. Ke~yon moved, second by Sales, to approve the agreement for lease of certain pier facilities and authorize the City Manager to enter into the agreement with C & C Boats, Inc. AYES: NOES: Blackman, Holden, Kenyon, McKnew, Sales None Motion carried 1-27-75 4JV831 MID-YEAR REPORT - CALIFORNIA ANIMAL CONTROL Dennis Smith, President, California Animal Control, reported on activities in the City of Seal Beach for animal control and announced that the spay clinic was now in operation and that 1 publicity would be forthcoming to the public relating to cost, medical staff and hours of operation. Mr. Smith stated that the animal control patrol in Seal Beach was based on needs. Mr. Smith suggested that the Seal Beach animal control ordinance be amended to conform to State law for licensing of animals at four month rather than at six months and stated that licenses would be provided at half price prior to alteration of the animal. It was the order of the Chair with consent of Council to receive and file the written report. REPORT - FLOOD DISASTER PROCEDURES Mr. Halldin, City Engineer, presented a written report on flood I' the report. It was within the City. I Mr. Halldin elaborated on " , the order of the Chair with consent of Council disaster procedures to receive and file the report. COUNCIL REPORTS and REQUESTS Councilman Holden reported as representative to the West Orange County Water Board and requested authorization for a policy statement regarding the Board's request of funds for expansion of the channel. Mr. Holden stated that the proportionate share for the City of Seal Beach would be $13,156 and understood that the other cities were opposing the project as these funds were not budgeted. Holden moved, second by Sales, that the City of Seal Beach decline to participate in the proposed project for the West Orange County Water Board on the basis that there are no funds budgeted for this I fiscal year and further that the City Council review expenditure of funds for said project for next budget study session. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried Councilman Blackman requested information on procedures for 1-27-75 / 2-10-75 "or-<" (.t...,u rl 33~ earthquake disaster in the City. The City Manager stated that a report would be available in the newsletter on the subject. Mayor McKnew announced that the Pacific Electric Right-of-Way project was scheduled Defore the Coastal Commission on Monday, February 3. I ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT Holden moved, second by Blackman, to adjourn the meeting at 10:25 p.m. AYES: Blackman, Holden, Kenyon, McKnew, Sales NOES: None Motion carried . V Cit~ lerk d ex-officio clerk of t~ Seal Beach City Council A_'~ ~'!:1di..{ Mayor (fA {", ~ j,,,; Ii Ci Clerk I ATTEST: Seal Beach, California February 10, 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 None Absent: 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. Osteen, Recreation Director I