HomeMy WebLinkAboutCC Min 1973-04-09
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Approved: ?~.l. MJl~-
Mayor
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ATTEST:
Seal Beach, California
April 9, 1973
The City Council of the City of Seal Beach met in regular
session at 8:00 o'clock p.m. with Mayor Sales calling the
meeting to order. At~the request of the Mayor, Mr. Murphy,
City Engineer. led the Salute to the Flag.
ROLL CALL
Present:
~Iayor Sa 1 es
Councilmen Barnes, Blackman, Holden, McKnew
Absent:
None
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Also present: Mr. Courtemarche. City Manager
Mr. Winfield. Assistant City Attorney
Mr. Murphy. City Engineer
Mr. Neprud, Planning Officer
Mr. VanDerhyden. Assistant to the City Manager
Mr. Gaudio, Administrative Assistant
PROCLAMATION
MaYor Sales proclaimed April 27. 1973 as "California City
Clerks' Day."
AGENDA AMENDED
The City Manager requested that the Agenda be amended to include
Item VIII-C, "Change Order No.2, Wastewater Pump Station" and
Item VIII-D. "Change Order No.8, Sewer Interceptor." Sales
moved. second by McKnew to amend the agenda to include Items
VIII-C and VIII-D as requested.
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AYES:
NOES:
Barnes. Blackman. Holden. McKnew. Sales
None
Motion carried
PUBLIC HEARING - WEEDS
Mayor Sales declared the public hearing open concerning the
abatement of weeds in the City. The Deputy City Clerk stated
that notices had been posted by the Engineering Department as
required by law and that no communications had been received for
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or against the matter. There were no commu~ications from the
audience either for or against the matter. Mayor Sales declared
the public hearing closed.
Barnes moved, second by Blackman to direct the Street Superintendent
to proceed with the abatement of weeds.
AYES:
NOES:
Barnes. Blackman, Holden. McKnew, Sales
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None
Motion carried
PUBLIC HEARING - ZONE CHANGE FROM R-l to R-3
Mayor Sales declared'the public hearing open concerning the proposed
rezoning of eight adjoining lots on 12th Street in the 300 block,
located across the street from Mary Zoeter Elementary School. from
R-l single family residential to R-3 multiple family resident~al.
The Deputy City Clerk stated that notices had been posted and mailed
as required by law and that no communications had been received
for or against the matter. Mr. Neprud presented the staff
report and stated that this action had been initiated after,
receiving a petition from property owners requesting the change
of zone. Paul U. Banks, 1610 South Flower Street, Santa Ana.
was duly sworn in by the Clerk and spoke for the change of zone
for said property. There were no further communications from
the audience; Mayor Sales declared the public hearing closed.
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ORDINANCE NUMBER 901 - ZONE CHANGE FROM R-l to R-3
Ordinance Number 901 was presented to Council by title "AN
ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ORDINANCE NO. 628
(ZONING) WITH THE AMENDMENT OF THE OFFICIAL ZONING MAP BY CHANGING
THE ZONE OF EIGHT ADJOINING LOTS IN THE 300 BLOCK OF 12th STREET
FROM R-l SINGLE FAMILY RESIDENTIAL TO R-3 MULTIPLE FAMILY RESIDENTIAL"
Holden moved. second by Me Knew to waive further reading of Ordinance
Number 901.
None
Motion carried
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AYES:
NOES:
Barnes, Blackman, Holden, McKnew. Sales
Holden moved, second by Sales to deem Ordinance Number 901 has had
first reading and that it be passed to second reading-.
AYES:
NOES:
'Blackman. Holden, 'McKnew, Sales
Barnes
Motion carried
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ORDINANCE NUMBER 900 - EMPLOYEES' RETIREMENT SYSTEM CONTRACT
Ordinance Number 900 was presented to Council for second reading
by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH. CALIFORNIA. AMENDING THE CODE OF THE CITY OF SEAL BEACH.
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
AND THE BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM." Blackman moved. second by McKnew to waive
further reading of Ordinance Number 900, deem that it has had
second reading and be passed for adoption.
AYES: Barnes. Blackman. Holden, McKnew. Sales
NOES: None Motion carried
RESOLUTION NUMBER 2194 - COMPLETION-- IMPROVEMENT PLANS - TRACT 5699
Resolution Number 2194 was presented to Council by title "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK COMPLETED
AS TO THE IMPROVEMENT PLANS, TRACT 5699. IN ACCORDANCE WITH AN
AGREEMENT BETWEEN S & S CONSTRUCTION CO. AND THE CITY OF SEAL BEACH."
Holden moved, second by Blackman to waive further reading and adopt
Resolution Number 2194.
AYES: Barnes, Blackman, Holden, McKnew. Sales
NOES: None Motion carried
RESOLUTION NUMBER 2195 - COMPLETION - IMPROVEMENT PLANS - TRACT 6415
Resolution Number 2195 was presented to Council by title "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK COMPLETED
AS TO THE IMPROVEMENT PLANS, TRACT 6415, IN ACCORDANCE WITH AN
AGREEMENT BETWEEN S & S CONSTRUCTION CO. AND THE CITY OF SEAL BEACH."
Blackman moved, second by Sales to waive further reading and adopt
Resolution Number 2195.
AYES: Barnes. Blackman, Holden. McKnew, Sales
NOES: None Motion carried
RESOLUTION NUMBER 2196 - COMPLETION - IMPROVEMENT PLANS - TRACT 6571
Resolution Number 2196 was presented to Council by title "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK COMPLETED
AS TO THE IMPROVEMENT PLANS, TRACT 6571. IN ACCORDANCE WITH AN
AGREEMENT BETWEEN S & S CONSTRUCTION CO. AND THE CITY OF SEAL BEACH."
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Holden moved. second by Barnes to waive further reading and
adopt Resolution Number 2196.
AYES: Barnes. Blackman. Holden. McKnew. Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2197 - COMMENDING FRANK SAVAGE
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Resolution Number 2197 was presented to Council and read in full
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA COMMENDING FRANK SAVAGE FOR ASSISTANCE TO THE CITY
BY PERFORMING AN ACT OF HEROISM AND OUTSTANDING CITIZENSHIP."
Lifeguard ,Chief, Tim Dorsey. introduced Mr. Savage to the Council
and audience and described the incident to them. Mayor Sales
presented Resolution Number 2197 to Mr. Savage. Councilman Holden
moved that Resolution Number 2197 be permaplaqued for Mr. Savage
and be passed for adoptio n. Councilman Barnes seconded the motion.
AYES: Barnes. Blackman. Holden. McKnew, Sales
NOES:
None
Motion carried
RESOLUTION NUMBER 2198 - COUNTY REVENUE SHARING - HEATHER/LAMPSON
PARK SITE
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Resolution Number 2198 was presented to Council by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
CALIFORNIA, REQUESTING FINANCIAL ASSISTANCE FROM THE COUNTY OF
ORANGE FOR THE PURPOSE OF ACOUIRING AND IMPROVING A PARK TO BE
USED BY COUNTY AS WELL AS CITY RESIDENTS." McKnew moved, second
by Blackman to waive further reading of Resolution Number 2198
and that it be passed for adoption.
AYES: Barnes. Blackman, Holden. McKnew. Sales
NOES:
None
Motion carried
CONSENT CALENDAR
Councilman McKnew requested that Item "0" be removed from the
Consent Calendar; a member of the audience requested that Item "K"
be removed from the Consent Calendar; and Councilman Barnes requested
that Item "P" be removed from the Consent Calendar. Holden moved,
second by Sales to approve the recommended action for items on the
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Consent Calendar excepting Items "0", "K" and "P".
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A. Approved the minutes of the regular Council meeting
of March 26, 1973 as presented.
B. Approved regular demands numbered 14225 through 14347
in the amount of $36,316.41; payroll demands numbered
7969 through 8150 in the amount of $80,597.96; and
transfers in the amount of $160.000.00 as approved by
the Finance Committee and that warrants be drawn on
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the Treasury for the same.
C. Informal bids were received and opened March 28, 1973
for construction of concrete storm drain improvements
at Edison Park, Project No. 384. Awarded informal
bid for Project No. 384, Edison Park Improvements, to
Stanich Company in the amount of $2.293 as the lowest
responsible bidder, rejected all other bids and authorized
the City Manager to execute the contract.
E. Received and filed Resolution No. C-21384 from City
of LonQ Beach urging the enactment of Senate Bill
502, "The Federal Aid Highway Act of 1973," pertainin!l
to urban public transportation.
F. Received:and filed Resolution No. 3657 from City of
Huntington Beach supporting legislation establishing
a State lottery for the benefit of public education.
G. Received and filed notices from Army Corps of Engineers
regarding Irvine Company applications for dredging in
Newport Bay.
H. Denied claim of Mrs. Gene E. Spencer for personal
expenses and referred same to the city's insurance
carrier.
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I. Received and filed notice from General Telephone
Company regarding application for authority to increase
its rates and charges for telephone service.
J. Received and filed public notice from Army Corps of
Engineers regarding revision to the area of Danger
Zone B.at Fort MacArthur, California.
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L. Bids were received and opened by the City Clerk at
2:00 o'clock p.m., March 29. 1973, for Oil Boat
Landing, Project #356 as follows:
Jenkin Construction Co.
Ferguson Construction Co.
$ 5,753.00
6,800.00
Awarded bid for Oil Boat Landing, Project No. 356
to Jenkin Construction Co. in the amount of $5,753.00
as the lowest responsible bidder. rejected all other
bids and authorized the City Manager to execute the
contract; reallocated $5,073.43 from the Capital
Project Pier Piling Account #6699-04 to Capital Project
Oil Boat Dock Account #6699-03.
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M. Denied claim of Jack W. Haley and Jeanette M. Haley for
personal damages and referred same to the city's insurance
carrier and the City Attorney.
N. Denied claim of James R. Traut and Wendy F. Traut for
personal injuries and referred same to the city's
insurance carrier and the City Attorney.
O. Approved Change Order No. 2 for Projects 381 and 382,
Water, S~ler and Paving Improvements, thus extending
the completion date by 22 calendar days.
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AVES:
NOES:
Barnes, Blackman, Holden, McKnew, Sales
None
Motion carried
Items Removed From The Consent Calendar
ITEM "0" - CONTRACT - SEWER SERVICE - NAVAL ~IEAPONS STATION
Councilman McKnew requested this item be held over pending
receipt of additional information regarding the industrial
waste being deposited on the Naval Weapons Facility in relation
to the sewer lines. The City Manager stated that the industrial
waste deposits would have no effect on the s~ler system.
Lt. Commander Bruce Edelson, Public Works Officer, /laval Weapons
Station, addressed t~e Council on the uses of the industrial
waste on the Naval Station. Mr. Jack Bryant, 217 North Lagoon
Avenue, Wilmington, spoke for the industrial waste dumping
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procedures at the Weapons Station by his company. Michael
Richmond, 4209 Dogwood Avenue, Seal Beach, spoke against the
program. Lengthy discussion followed.
Councilman Barnes moved that the City Manager forward a letter
to the Santa Ana River Basin Water Quality Control Board prior
to their meeting of April 13, 1973. stat~ng that the Seal Beach
City Council has considered this issue and requesting that they
provide this City further information regarding oil spreading
operations. Councilman Blackman seconded the motion. Mayor
Sales also requested the City Manager obtain further information
from other Orange County agencies regarding this matter.
AYES:
NOES:
Barnes. Blackman, Holden, McKnew, Sales
None
Motion carried
Mayor Sales moved to approve Contract No. N62474-71-3725 with
the Department of the Navy for Sewer Service for the Seal Beach
Naval Weapons Station and authorized the Mayor to execute the
contract. Councilman McKnew seconded the motion.
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AYES:
NOES:
Barnes, Blackman, Holden, McKn~1, Sales
None
Motion carried
ITEM "K" - DAYLIGHT SAVINGS TIME
Jay Covington, 4557 Candleberry Avenue spoke regarding this
matter and requested the Council endorse year-round daylight
savings time. Councilman Blackman requested that the staff
prepare a resolution supporting daylight savings time for
presentation at next meeting and it was so ordered by the
Chair.
ITEM "P" - AWARD OF BID - TRACTOR-MOWER
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Councilman Barnes requested further information regarding the
award of bid for the tractor-mower. The City Engin eer responded
to the question.
Bids were received and opened by the City Clerk at 2;00 o'clock
p.m., April 3, 1973 for one tracto~mower as follows:
B. Hayman Co., I nc. $ 2,796.15
(Jacobsen Commercial 60)
Barnes moved, second by Blackman to award the bid for the tractor-
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mower to B. Hayman Co., Inc. in the amount of $2,796.15 and
authorize the City Manager to purchase said equipment.
AYES:
NOES:
Barnes, Blackman, liolden, ~lcKnew, Sales
None
r~oti on carri ed
REPORT - ACQUISITION OF HEATHER/LAMPSON PARK SITE
The City Manager presented a report regarding the acquisition of
the Heather/Lampson Park Site to Council. Discussion followed.
Holden moved. second by Sales to adopt Plan B, transferring the
entire $40,000 from the Environmental Reserve Tax Fund to the
General Fund Account #5599-37, such funds to be replaced in the
Environmental Reserve Tax Fund upon receipt of $50,000 County
Revenue Sharing Funds.
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AYES:
flOES:
Barnes, Blackman. Holden, McKnew, Sales
None
Motion carried
REPORT - 7.85 ACRE BIXBY PARCEL
r~r. Neprud, Planning Officer, presented a report regarding the
highest and best use and proper zoning of the 7.85 acre' Bixby
parcel with the Planning Commission recommendation that the
zoning remain R-3 on the subject property. Discussion followed.
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No action was taken on this item.
WASTEWATER PUMP STATION - PROJECT 312 - CHANGE ORDER NO. 2
The City Engineer requested the Council approve Change Order No.
2, Project 312, Wastewater Pump Station, extending the completion
date to May 5, 1973. Holden moved. second by Blackman to approve
the Change Order as requested.
AYES:
NOES:
Barnes, Blackman. Holden, McKnew, Sales
None
Motion carried
SEWER INTERCEPTOR - PROJECT 312 - CHANGE ORDER NO. 8
The City Engineer requested the Council approve Change Order No.
8, Project 312, Sewer Interceptor, extending the completion date
eighty-two (82) calendar days, to June 30, 1973. Blackman moved,
second by Barnes to approve the Change Order as requested.
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AYES:
NOES:
Barnes, Blackman. Holden, McKnew, Sales
None
MOtion carried
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ORAL COMMUNICATIONS
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Mayor Sales stated that this was the time for oral communications.
Councilman Me Knew requested that a representative from this City
attend the League of California Cities', Mayors' and Councilmens'
Legislative Conference in Sacramento. May 14 to 16. It was the
consensus of the Council that Councilman Barnes would attend the
Conference as this City's representative.
There were no other oral communications; oral communications were
closed.
WATER METER LITIGATION - RUTAN & TUCKER
Mr. Winfield. Assis~nt City Attorney', reques~d Council d'r~ction
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regarding the Water Meter Litigation, the firm of Rutan & Tucker
representing the City. Sales moved. se cond by Blackman to autho"ize
Rutan & Tucker to dismiss the action in this suit.
AYES:
NOES:
ADJOURNMENT
Barnes. Blackman. Holden. McKnew. Sales
None
Motion carried
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Holden moved, second by Blackman to adjourn the meeting to time
certain, Monday, April 23, 1973 at 6:00 o'clock p.m. to consider
sketch plan alternatives as part of the preparation of the
Land Use Element of the General Plan.
AYES:
NOES:
Barnes, Blackman. Holden. McKnew. Sales
None
Motion carried
It was the order of the Chair with consent of Council to adjourn
the meeting at 10:12 p.m.
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Approved:
~~~or~
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ATTEST: