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HomeMy WebLinkAboutCC Min 1978-08-14 7-24-78 / 8-14-78 . CITY ATTORNEY APPOINTMENT Gray moved, second by Weir, to appoint Mr. Patrick Coughlan as City Attorney for the City of Seal Beach and that, a resolution be prepared commending Mr. Glenn R, Watson for his serivce to the City. I AYES: Gray, Laszlo, Seitz, Weir NOES: None ABSENT: Kredell Motion carried ADJOURNMENT Weir moved, second by Laszlo, to adjourn the meeting at 12:50 a.m. AYES: Gray, Laszlo, Seitz, Weir NOES: None ABSENT: Kredell Motion carried , of I ATTEST: ~?L- c? Approved :",.75-e~---L Mayor Seal Beach, California August 14, 1978 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor ProTempore ,Krede~l calling the meeting to order with the Salute to the 'flag. ROLL CALL Present: Mayor ProTempore Kredell Councilmen Gray, Seitz, Weir I Absent: Mayor Laszlo Also present: Mr, Courtemarche, City Manager Mr. Strausz, Deputy City Attorney Mr. Johnson, City Engineer Mr. Antos, Acting Planning Director Mr. Thomas, Finance Director Mr. Kosmont, Assistant City Manager Ms. Shelton, Administrative Assistant 8-14-78 ( , WAIVER OF FULL READING Weir moved, second by Gray, 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 for the reading of such ordinance or resolution. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Environmental Quality Control Board It was the consensus of the Council to hold over appointments to the Environmental Quality Control Board for Districts Three and Five until next meeting. Parks and Recreation Commission It was the consensus of the Council to hold over the appointment to the Parks and Recreation Commission from District One until next meeting. Seal Beach Administration BuildinK Authority It was the consensus of the Council to hold over the appointments to the Seal Beach Administration Building Authority from Districts One and Four until next meeting. APPOINTMENT - ORANGE COUNTY HEALTH PLANNING COUNCIL Due to the resignation of Mrs, Margie Brown as this city's repre- sentative to the O.C.H.P.C" Councilman Weir moved to appoint Miriam Luca, 13190 Seaview Lane, to the Orange County Health Planning Council Assembly of Delegates from this City. Mayor ProTempore Kredell seconded the motion. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried I I I 8-14-78 ( , I AGENDA AMENDED Mayor ProTempore Kredell requested that Item IX-C on the agenda be considered at this time. Gray moved, second by Weir, to consider agenda Item IX-C, Densities in the Coastal District, out of order at this time as requested. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried REPORT - DENSITIES IN COASTAL DISTRICT Mr. Antos, Acting Planning Director, presented the staff report and stated that the Planning Commission had conducted public hearings and received public comments relating to densities in the Coastal District and reported the Planning Commission recommendations to the Council. Councilman Seitz expressed support for lowering the density requirements in the city to 20 units per acre, however, stated he was in favor of the Coastal Commission Guidelines remaining at 30 units per acre to allow the city flexibility in the future. Mr. Antos clarified that the Coastal Commission Interim Guidelines would no longer apply upon the adoption of the City's Local Coastal Program, to be prepared this year, Kredell moved, second by Seitz, to determine that the densities in the Coastal District should be limited to 20 units per acre and that the Planning Commission be directed to hold a public hearing to amend the City's Land Use Element to the General Plan to reflect the lower densities, AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ORDINANCE NUMBER 1049 - PUBLIC HEARINGS - SUBDIVISIONS Ordinance Number 1049 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING SECTION 21-3 OF CHAPTER 21 OF THE CITY CODE CONCERNING PUBLIC HEARINGS FOR SUBDIVISIONS." By unanimous consent, full reading or Ordinance Number 1049 was waived. Gray moved, second by Weir, to adopt Ordinance Number 1049 as presented. I I 8-14-78 ( . " , AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ORDINANCE NUMBER 1051'- ESTABLISHING PLANT and EQUIPMENT REPLACEMENT FUND title "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING A PLANT I Ordinance Number 1051 was presented to Council for second reading by AND EQUIPMENT REPLACEMENT FUND AND APPROPRIATING MONIES THERETO, AND ADDING ARTICLE XV" SECTION 2-92 TO CHAPTER 2 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1051 was waived, Councilman Gray requested that the second sentence in Seciton 2-92 be amended to read "other equipment relating to those buildings". Gray moved, second by Weir, to adopt Ordinance Number 1051 as amended. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ORDINANCE NUMBER 1053 - ZONING ~ OFF-STREET LIQUOR LICENSES I Ordinance Number 1053 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SEC. 28-1300(4) OF CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH AND AMENDING SEC. 28-l300(6)(a) OF CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1053 was waived, Kredell moved, second by Weir, to adopt Ordinance Number 1053 as presented, AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Las zlo Motion carried ORDINANCE NUMBER 1054 - ENVIRONMENTAL QUALITY CONTROL BOARD Ordinance Number 1054 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER I CITY, AMENDING CHAPTER 7B OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1054 was waived. The City Manager clarified that the proposed ordinance eliminated the compensation for members of this Board and provided 8-14-78 r for one regular monthly meeting. The Council discussed reduction of expenses for the E.Q.C.B. as it related to a member of the staff serving as secretary to the Board. The City Manager stated the proposed ordinance did not address the matter of providing staff I time to the Board, however, the Council could reduce the budget allocation for secretary to the E.Q.C.B. if they wished to do so. Weir moved, second by Gray, to approve the introduction of Ordinance Number 1054 and that it be passed to second reading. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ORDINANCE NUMBER 1055 - APPROPRIATING ADDITIONAL MONIES to CASH BASIS FUND Ordinance Number 1055 was presented~to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROPRIATING ADDITIONAL MONIES TO THE CASH BASIS FUND FROM THE UNENCUMBERED BALANCE OF THE GENERAL FUND, AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By I unanimous consent, full reading of Ordinance Number 1055 was waived. Mr. Thomas, Finance Director, presented the staff report stating that the proposed ordinance"would increase the Cash Basis Fund from $400,000 to $600,000 to strengthen the reserves of the City and insure adequate cash availability throughout the fiscal year. Discussion followed, Weir moved, second by Gray, to approve the introduction of Ordinance NUIIlber 1055 and that it be passed to second reading. AYES: Gray, Kredell, Weir NOES: Seitz ABSENT: Laszlo Motion carried RESOLUTION NUMBER 2810 - REQUESTING COUNTY OF ORANGE ADJUST ALLOCATION - A.H.F.P. PROJECT 861 Resolution NUIIlber 2810 was presented to Council by title "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE COUNTY OF ORANGE TO ADJUST THE ALLOCATION FOR ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT 861." By unanimous consent, full reading of Resolution Number 2810 was waived. Mr. Johnson, City Engineer, stated, that AHFP Project 861 was street improvements to Pacific Coast Highway west of Main Street, and that the cost of the project was based on~the 1975 pre- 8-14-78 , . liminary construction estimate, however, the improvements were not completed until 1977. Mr, Johnson further stated that the cost of construction exceeded the original estimate in excess of 15%, there- fore the city may request additional funds from the County for this project. Councilman Gray requested that the resolution be amended to include the statement' "Upon the procedures of the AHFP, if upon I filing of the final project report, the actual construction costs exceed the original:estimate in excess of 15% the local agency may request an additional allocation of County funds". Gray moved, second by Weir, to adopt Resolution Number 2810 as amended. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried RESOLUTION NUMBER 2811 - COMPENSATION - PARKS and RECREATION COMMISSION Resolution Number 2811 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, REPEALING RESOLUTION NUMBER 1904 REGARDING EXPENSES AND COMPEN- full reading of Resolution Number 2811 was waived. Gray moved, second I SAT ION FOR THE PARKS AND RECREATION COMMISSION." By unanimous consent, by Weir, to adopt Resolution Number 2811 as presented. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried RESOLUTION NUMBER 2812 - ADOPTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT - FUNDS FOR ALLEY IMPROVEMENTS Resolution Number 2812 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR FUNDS FOR ALLEY IMPROVEMENTS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974." By unanimous consent, full reading of Resolution Number 2812 was waived. Council discussed the I priority list of upcoming alley projects. The City Manager informed the Council~that the Housing and Community Development Program guidelines are presently being revised and may have some impact on future eligible projects. Gray moved, second by Weir, to adopt Resolution Number 2812 as presented. 8-14-78 r ., AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried RESOLUTION NUMBER 2813 - A.H.F.P. ARTERIAL HIGHWAY MASTER PLAN I Resolution Number 2813 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH INFORMING THE ARTIERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT NO CHANGES HAVE BEEN MADE TO THE ARTERIAL HIGHWAY MASTER PLAN WITHIN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 2813 was waived. Gray moved, second by Weir, to adopt Resolution Number 2813 as presented. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried RESOLUTION NUMBER 2814 - ADVISORY MEASURE - DEPARTMENT OF WATER AND POWER PROPERTY A memorandum to the City Council and a proposed resolution were read I in full and presented to the City Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING CITIZEN INPUT AND ADVICE REGARDING FUTURE DEVELOPMENT OF A CERTAIN PARCEL OF LAND IN SEAL BEACH, CALIFORNIA." Councilman Gray urged the Council to place the advisory questions regarding the use of the Department of Water and Power property on the November ballot for a vote of the people. Mr. Gray further stated that by placing the question on the November ballot there would be minimal cost to the city. Councilman Kredell spoke in opposition to placing the advisory measure on the ballot at this time, stating that the city should delay such action until the study and reconunendations of the I ~alifornia Coastal Conservancy have been received. Members of the audience expressed opinions regarding this item. Discussion followed. Gray moved, second by Weir, to table Resolution Number 2814. AYES: Gray, Kredell, Weir NOES: None ABSTAIN: Seitz ABSENT: Laszlo Motion carried 8-14-78 . ' CONSENT CALENDAR Councilman Gray requested that Item "C" be removed from the Consent Calendar; Councilman Seitz requested Item "B" removed from the, Consent Calendar; Councilman Weir requested Items "G" and "H" removed from the Consent Calendar; and Councilman Kredell,requested Items "I", "J" and "L" removed from the Consent Calendar. .Weir moved, second by Kredell, to approve the recommended action for items on the Consent Calendar except Items "F", "C", "G", "H", "I", "J" and "L" as presented, A, Approved the minutes of the regular meeting of July 24, 1978 as presented. D. Received and filed the memorandum from the City Manager regarding the Vietnam Veterans Memorial Fund. E. Granted permission to the Grace Brethren Church members to hold a bake sale at Eisenhower Park on Saturday, September 9, 1978, F. Established Monday, August 28, 1978 as the date to consider Tentative Tract Map 10415. K, Ratified the appointment of Gorden Shanks to the Relocation Appeals Board for the Trailer Park. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried Items Removed From The Consent Calendar ITEM "B" - DEMANDS In response to Councilman Seitz, the City Manager explained several expenditures from the payables list. Seitz moved, second by Kredell, to approve regular demands numbered 28520 through 28756 in the amount of $173,884.69 and payroll demands numbered 28333 through 28590 in the amount of $135,210.56 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same, AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried I I I I ITEM "C" - EXTENT ION OF AGREEMENT - O. E. S. PUMPER Councilman Gray questioned obligations of the city for use of this equipment. The City Manager explained one requirement was that the unit be available for mutual aid responses and affirmed that main- tenance of the unit was the city's responsibility. The cost of purchasing such equipment was discussed. Gray moved, second by Weir, to approve the extension of agreement between the State of California Office of Emergency Services and the City of Seal Beach for use of OES Pumper 158, and authorize the City Manager to execute the agreement. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ITEM "G" and ITEM "H" - TENTATIVE TRACT MAPS 10421 and 10422 Councilman Weir discussed reasons for converting existing units to condominiums. Weir moved, second by Kredell, to establish Monday, August 28, 1978 as the date to consider Tentative Tract Map 10421. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried Weir moved, second by Kredell, to establish Monday, August 28, 1978 as the date to consider Tentative Tract Map 10422. AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried ITEM "I" - LEAGUE OF CALIFORNIA CITIES CONFERENCE The City Manager affirmed that he had limited the attendance of de- partment heads and staff at the League of California Cities Conference to ten persons. Kredell moved, second by Weir, to authorize attendance at the League Conference for staff members not to exceed a total of $1. 000. AYES: NOES: ABSENT: I I Gray, Kredell, Weir Seitz Laszlo Motion carried 8-14-78 r 8-14-78 ITEM "J" - RESIGNATION - RAY DI PIAZZA - CIVIL SERVICE BOARD In response to Councilman Kredell, the City Manager stated that members of the Civil Service Board are appointed by district and serve for a term of six years. Kredell moved, second by Weir, to accept the resignation of Ray DiPiazza from the Civil Service Board effective immediately. I AYES: NOES: ABSENT: Gray, Kredell, Seitz, Weir None Laszlo Motion carried It was the order of the Chair with consent of the Council that a letter of appreciation be sent to Mr. DiPiazza for his service to the community, ITEM "L" - AWARD OF BID - ALLEY IMPROVEMENTS - PROJECT #479 It was noted that discussion of alley improvements had taken place earlier in the meeting. Bids were received and opened by the City Clerk at 2:00 o'clock p,m., August 8, 1978 for Alley Improvements, Project No. 479 as follows: Fleming Engineering, Inc. Silveri & Ruiz Constr. $107,660.00 121,833.00 I Kredell moved, second by Weir, to award the bid for Alley Improve- ments, Project No. 479, to Fleming Engineering, Inc. for the unit prices bid, reject all other bids and authorize the City Manager to execute the contract. AYES: NOES: ABSENT: Gray, Kredell, Seitz, Weir None Laszlo Motion carried REPORT - POSITION OF PLANNING DIRECTOR Councilman Kredell asked that this matter be postponed until next meeting. Councilman Gray referred to the City Manager's memorandum dated July 31, 1978, noting that as directed by the City Council, the Planning Commission had studied the matter of filling the position of Planning Director and had forwarded their recommendations to the City Council, Mr, Gray spoke in support of filling the position of Planning Director at this time. Councilman Seitz indicated he wished I 8-14-78 t " I to review applications for the position of Planning Director and was informed that Council review of applicants would be in direct' conflict with the Seal Beach City Charter. Discussion followed. Gray moved, second by Weir, to autnorize the City Manager to re- cruit applicants and to fill the position of Planning Director. AYES: Gray, Weir NOES: Kredell; Seitz ABSENT: Laszlo Motion carried It;was the consensus of the Council that this matter be considered again at the next Council meeting, REPORT - LEGAL EXPENSES The City Manager presented the staff report outlining suggestions from the City Attorney for reducing the city's legal expenses, It was noted that four of the recommendations have already been im- plemented by the city staff, The Council briefly discussed the City Attorney's suggestions. Councilman Weir left Council Chambers at 11:01 p.m, Kredell moved, second by Seitz, to receive and file the report from the City Manager regarding reduction of legal expenses. AYES: Gray, Kredell, Seitz NOES: None ABSENT: Laszlo, Weir Motion carried Councilman Weir returned to Council Chambers at 11:06 p.m. COUNCIL REPORTS and REQUESTS Councilman Gray discussed solid waste management problems and urged that a letter De forwarded over the signature of the Mayor requesting the League of California Cities, Orange County Division, appoint Councilman Weir 'as an official representative to the Solid Waste Management Technical Advisory Council. Gray moved, second by Kredell, that the letter be forwarded to the League as proposed. AYES':" Gray, Kredell, Seitz NOES: None ABSTAIN: Weir ABSENT: Laszlo Motion carried I I 8-14-78 ( .' Councilman Seitz reported the Orange County League voted in support of legislation requesting assistance for beach maintenance. Council- man ,Weir spoke regarding the effect of Proposition 13 on the Vector Control District. Councilman Seitz reported a complaint regarding air traffic patterns over Seal Beach-and requested a report on the progress of the skunk elimination program on the Hill. Councilman Kredell spoke regarding funds allocated to the volunteer firemen and complained about persons parking automobiles across sidewalks. Councilman Seitz reported a complaint about Police Department telephone serVIce. ORAL COMMUNICATIONS Mayor ProTempore Kredell declared oral communications open from the audience. Gordon Shanks, 215 Surf Place, complained about signs on vehicles and on utility poles. Mr, Kredell spoke regarding persons receiving citations for "For Sale" signs in automobiles. The City Manager stated he would investigate if it was illegal when the auto is on private property, Mr. Cook, 441 Central Avenue, stated that he had attended this meeting to speak to the matter of densities and noted that the Council had moved it to an earlier place in the agenda and that action had already been taken, however, he did express his opposition to the action taken and read a resolution which outlined a different approach to the problem. Mr, Shearer, College Park East, spoke regarding parking problems, automobile "For Sale" signs, parking stickers, parking across sidewalks and cleanliness of streets. Lawrence Peter~, Jr., Ocean Avenue, expressed concern over the Council action taken regarding the density issue in the coastal district and stated that he had attended to speak to that issue. Mr, Peters also objected to persons parking in front yards, Adah Winters, 1507 Electric Avenue, spoke regarding the animal control ordinance being finalized by the Ad Hoc Animal Control Committee. It was the consensus of the Council that the City Attorney be authorized to meet with the Ad Hoc Animal Control Committee on Thursday, August 17th, to review and finalize the ordinance, Mrs. Winters also complained about open garbage in trash bins. There were no other I I I 8-14-78 ( - oral communications; Mayor ProTempore Kredell declared oral communications closed. EXECUTIVE PERSONNEL and EXECUTIVE LEGAL SESSIONS Gray moved, second by Weir, to adjourn to Executive Legal and Executive Personnel Session at 12:23 a.m. ~ AYES: Gray, Kredell, Weir NOES: None ABSTAIN: Seitz ABSENT: Laszlo Motion carried The meeting reconvened at 12:45 a,m. with Mayor ProTempore calling the meeting to order. The City Manager reported that the Council gave direction to the City Attorney regarding litigation and had agreed to honor existing con- tracts with city employees and not to accept State funds pending further litigation. ADJOURNMENT Weir moved, second by Gray, to adjourn to Monday, August 28, 1978 at 7:00 p.m, for Executive Personnel Session; - AYES: Gray, Kredell, Seitz, Weir NOES: None ABSENT: Laszlo Motion carried The meeting adjourned at 12:48 a.m. c2-R~ 01., Cit~Clerk and x-officio clerk of tffe Seal Beach City Council APproved:~~ Mayor ATTEST: /