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HomeMy WebLinkAboutCC Min 1978-11-13 10-24-78 I 11-13-78 n'" ,J AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried 'e~ C~tt'Clerk ex-officio clerk of t~ Seal Beach City Council I APproveb<~t<.~) / Mayor rdJir ATfE",O(4~ tJI City Clerk Seal Beach, California November 13, 1978 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with I the Salute to the Flag. ROLL CALL Present: Mayor Laszlo' Councilmen ~ray, Kredell, Seitz, Weir None Absent: Also present: Mr. Courtemarche, City Manager Mr. Coughlan, City Attorney Mr. Johnson, City Engineer Mr. Romaniello, Planning Director Mr. Antos, Associate Planner Mr. Osteen, Recreation Director Mr. Kosmont, Assistant City Manager Ms. Shelton, Administrative Assistant WAIVER OF FULL READING Weir moved, second by Kredell, 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 I the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried 11-13-78 ~~ .~ PUBLIC HEARING - APPEAL A-1-78 - WARNMUENDE Mayor Laszlo reopenee the continued public hearing to consider Appeal A-1-78 filed by M. James Warnmuende on Planning Commission's denial I of Variance V-14-78 to permit a fence in excess height allowed by ordinance for the Bridgeport planned unit development. The City Clerk stated that since the public hearing had been continued no further notices required publication: The City noted that one communication had been'received supporting the appeal from Mr. Thompson, 335 Clipper Way. Mr. Romaniello, Planning Director, presented the staff report and recommendations of the Planning Commission. Councilman Seitz stated that he had a petition from Mr. Warnmuende and presented a copy to each Council member indicating neighborhood support of the fence. Mayor Laszlo invited members of the audience wishing to speak to this matter to come to the microphone and state their name and address for the record. Mr. Warnmuende, 305 Clipper Way, a Seal Beach resident since 1971, spoke in favor of granting the variance and also stated that the signatures on the petition that he had given to Mr. Seitz I were in addition to those presented at the Planning Commission meeting. Members of the Council posed questions to Mr. Warnmuende regarding building permits and the Architectural Review Committee. Mr. Warnmuende said he had no knowledge of a requirement for a building permit nor that there was an Architectural Review Committee. Mr. Milt St~in, 240 Corsair Way, a member of the Architectural Review Committee, stated that he had stopped by Mr. Warnmuende's property to advise the workmen of the requirements of the CC & R's and building permit and that he later contacted Mr. Warnmuende. Mr. Stein also stated that a letter had been sent to all the homeowners in this area in 1973 to apprise them of the Architectural Review Committee. Mr. Stein reaffirmed that he had talked to Mr. Warnmuende prior to I the completion of the fence. There were no other communications; Mayor Laszlo declared the public hearing closed. Weir moved, second by Laszlo, to refer the appeal A-1-78 of Mr. Warnmuende back to the Planning Commission for further study. Discussion followed. In response to Mr. Seitz, the City Attorney stated that variances 11-13-78 r JJ ."; should not set precedent and explained that community support would not be an appropriate legal reason to grant a variance. Roll call on the motion: AYES: Kredell, Laszlo, Seitz, Weir NOES: Motion carried Gray The City Attorney advised Council that their action to return the matter to the Planning Commission without specific direction would therefore require them to make a decision when this matter is returned to Council for consideration. APPOINTMENTS - BOARDS AND COMMISSIONS Project Area Committee Kredell moved, second by Laszlo, to appoint Christine Agur, 11 Marina Drive, to the Project Area Committee for term expiring January 10, 1980. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: Motion carried None Environmental Quality Controi Board Mr. Seitz appointed Mitchell J. Grayson, 140 Coastline Drive, to the Environmental Quality Control Board from Councilmanic District Three for term expiring July 1982. Mr. Kredell seconded the motion. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: Motion carried None Councilman Weir requested that the appointment to the Environmental Quality Control Board from District Five be held over. Huntington Beach Union High School - Commission on Goals At the request of Councilman Seitz, the City Manager was directed to submit news releases to the press requesting applications from citizens interested in serving as this city's representative to the Huntington Beach Union High School District Board of Trustees, Commission on Goals. Local Coastal Program Committee Councilman Seitz nominated Gordon Shanks, 215 Surf Place; Councilman Kreaell nominated James Gilkerson, 1011 Electric Avenue; Mayor Laszlo nominated Bruce Collier, 4548 Fir Avenue; Councilman Kredell nominated Ken Hamdorf, 208 - 3rd Street; and Councilman Gray nominated Lowell Kolb, 192 Harvard Lane. Gray moved, second by Weir, to confirm the I I I 11-13-78 ,.., r- j appointment of those five persons nominated to serve as the Local Coastal Program Committee. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried I PROPOSED ORDINANCE - 90-DAY MORATORIUM - PLANNING DISTRICT ONE A proposed ordinance entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH IMPOSING A 90 DAY MORATORIUM ON THE PROCESSING OF NEW APPLICATIONS FOR RESIDENTIAL CONSTRUCTION IN EXCESS OF 20 DWELLINGS UNITS PER ACRE COASTWARD OF PACIFIC COAST HIGHWAY IN PLANNING DISTRICT ONE AND DECLARING IMMEDIATELY" was presented to Council. The City Attorney recommended that this Ordinance be tabled since the Planning Commission would have an appropriate ordinance at next meeting relating to this matter and further, there was no urgency at this time because there are no applications pending. Kredell moved, second by Laszlo, to table the proposed ordinance. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried I RESOLUTION NUMBER 2833 - LOT LINE ADJUSTMENT - EDISON TRIANGLE PROPERTY Resolution Number 2833 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROXING THE LOT LINE ADJUSTMENTS OF PARCELS 5, 6 AND 7 OF PARCEL MAP RECORDED IN BOOK 119, PAGE 40, OF RECORDS OF ORANGE COUNTY." By unanimous consent, full reading of Resolution Number 2833 was waived. Mr. Johnson, City Engineer, presented the staff report. Councilman Gray expressed concern that the Planning Commission had not studied this matter but understood the urgency due to Coastal Commission requirements and moved to adopt Resolution Number 2833. Councilman Weir seconded the motion. AYES: Gray, Kredell, Laszlo, Seitz, Weir I NOES: None Motion carried AGENDA AMENDED The City Manager requested that the agenda be amended to include a resolution regarding Housing Community Development Block Grant. Gray moved, second by Weir, to amend the agenda as requested. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried 11-13-78 rll.. s AGENDA AMENDED The City Manager requested that the agenda be amended to include a resolution regarding Housing Community Development Block Grant. Gray moved, second by Weir, to amend the agenda as requested. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried RESOLUTION NUMBER 2834 - HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - PARTICIPATION AGREEMENT and ASSURANCES - FIFTH YEAR Resolution Number 2834 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 2834 was waived. Mr. Antos, Associate Planner, presented the staff report and explained that this request was made at this time because of changes in the gui~elines which required Council approval of the Agreement and the Assurances at an earlier date than usual. Mr. Antos explained that this action did not commi t the Council to apply for the funds. Gray moved, second by Kredell, to adopt Resolution Number 2834 as presented. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried CONSENT CALENDAR Councilman Seitz requested Item "B" removed from the Consent Calendar; Councilman Gray requested Item "F" removed from the Consent Calendar; and the City Attorney requested Item "H" removed from the Consent Calendar. Weir moved, second by Kredell, to approve the recommended action for items on the Consent Calendar except Items "B", "F" and "H" as presented. A. Approved the minutes of the regular meeting of October 24, 1978 as presented. C. Bids were received and opened by the City Clerk at 2:00 p.m., November 2, 1978 for Project 488, Landscaping on Lampson Avenue, Basswood to Heather Street as follows: I I I Thomsen Landscape California Landscape, Inc. Environmental Landscape Contractors Ryco Construction, Inc. $'19,770.00 24,460.00 33,300.00 37,373.00 Awarded the bid for Project Number 488, Lampson Avenue I Landscaping to the low bidder, Thomsen Landscape, for the lump sum bid of $19,770.00, rejected all other . , bidders and authorized the City Manager to execute the contract. D.. Bids were received and opened by the City Clerk at 2:00 p.m., November 2, 1978 for Project 473, Slurry Seal of Hill Area Streets, Bolsa Avenue and Marina Park Basketball Court as follows: Roy Allen Slurry Seal Contractor (..0179/1. f.) Pavement Coastings Co. (.0199/1.f.) Ted R. Jenkins (. 0229/1. f~) $ 8,932.10 , 9,930.10 11,427.10 I Awarded the.bid for Project Number 473, Slurry Seal of Hill Area Streets, Bolsa Avenue and Marina Park Basketball Court to the low bidder, Roy Allen Slurry Seal Contractor for the unit price bid of $.0179/l.f., rejected all other bidders and authorized the City Manager to execute the contract. E. Bids were received and opened by the City Clerk at 2:00 p.m., November 1, 1978 for Heating and Ventilating Systems for the North Seal Beach Community Center as follows: I Manica Air Conditioning & Refrigeration Bear State Air Conditioning Co., Inc. Southland Heating & Air Conditioning, Inc. Skipper & Co. Los Angeles Air Conditioning, Inc. $ 6,179.00 6,932.00 10,228.00 12,999.00 13,821.00 Awarded the bid for Heating and Ventilating Systems for the North Seal Beach Community Center to Bear State Air Conditioning, Inc. in the amount of $6,932.00, rejected 11-13-78 t"":t'"" II ., 11-13-78 ,.,...... . 'J all other bids and authorized the City Manager to award the contract. G. Denied the claim of Raymond Shelton for his son, Robert Scott Shelton for personal injury and referred same to the city's insurance carrier and insurance I adjuster. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried Items Removed From The Consent Calendar ITEM "B" - APPROVAL OF DEMANDS Councilman Seitz questioned the warrant drawn to S & S Construction Company for water payment. The City Manager explained that the City had purchased the water system from S & S Construction for the College Park East area and that this payment was one of the regular payments required in the agreement. Weir moved; second by Laszlo, to approve regular demands numbere,d 29503 through 29717 in the amount of $143,613.52; payroll demands for October 26, 1978 numbered 29906 through 30169 in the amount of $138,079.98 and payroll demands I for November 9, 1978 numbered 30170 through 20411 in the amount of $133,513.68 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried ITEM "F" - PACIFIC COAST HIGHWAY IMPROVEMENTS - PROJECT 482 Bids were received and opened by the City Clerk at 2:00 p.m., November 2, 1978 for Project Number 482, Pacific Coast Highway Improvements as follows: Sully-Miller Contracting Co. $110,958.00 Councilman Gray expressed concern over the amount over the projected area and suggested rather than revise the'plans as recommended that I the engineering time be used for plan checking. Mr. Johnson, City Engineer, responded to Mr. Gray's concerns. Gray moved, second by Weir, to reject the bid of Sully-Miller Contracting Company in the amount of $110,958.00 for Pacific Coast Highway Improyements, that the plans be revised and the project be readvertised. 11-13-78 n' ' :, AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried ITEM "H" - CLAIM - LARRY GARCIA (RUTH MONOZ) I The City Attorney stated that the recommended action would not be appropriate 'for this claim and asked that it be withdrawn. Weir moved, second by Kredell, to table the claim of Larry Garcia (Ruth Monoz) for personnel injuries to next meeting as recommended by the City Attorney. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None , Motion carried REPORT - C.E.T.A. FUNDING Mr. Kosmont, Assistant City Manager, presented the staff report advising Council of the negotiations with the County which resulted in the proposed contract for C.E.T.A. funds. Mr. Kosmont explained that the $1700 requested would cover the cost for employee raises that the city had agreed upon and would comply with the ~ounty's decision regarding C.E.T!A. funding. Discussion followed with the I Council suggesting that the Department of Labor and elected officials be notified of this particular problem regarding C.E.T.A. funding and that other cities be apprised of our action. Gray moved, second by Weir, to approve the revised C.E.T.A. clause, authorize the City Manager to execute the contract and allocate the expenditure of $1700 for the 1978-79 fiscal year. AYES: Gray, Kredell, Laszlo, Weir NOES: Seitz Motion carried COUNCIL REPORTS and REQUESTS Councilman Kredell requested a stop sign be installed at Landing and 12th Streets and also speed bumps on Seal Way. The City Engineer stated the city's Traffic Committee would study the requests. I Councilman Gray left Council Chambers at 9: 28 p. m. and returned at 9:34 p.m. Mayor Laszlo presented a Mayors Resolution of the West Orange County Cities opposing S.C.A.G. action for joint use of Los Alamitos Air Station. Seitz moved, second by Kredell, to approve the Mayor's signature on the resolution as requested. 11-13-78 r'l ' . )' AYES: Kredell, Laszlo, Seitz, Weir NOES: None ABSENT: Motion carried Gray Mayor Laszlo requested the City Manager investigate the City leasing State Lands Commission property at First Street. Councilman Seitz requestea utility conservation at 911 Seal Beach Boulevard; suggested high pressure halegon lights; and requested a report of C.E.T.A. activity to include what positions are C.E.T.A., cost, length of contract and copies of t.E.T.A. agreements. Councilman Seitz also expressed concern over the zoning of the Hellman property. Mr. Seitz reported the resignation of Jane Anderson from the Ad Hoc Animal Control Committee and requested a letter of commendation be forwarded to her. Mr. Seitz also requested a letter of commendation be sent to former Environmental Quality Control ~oard member, Robert Wilkinson. Mr. Johnson, City Engineer, reported on sidewalk repair and methods of funding same. ORAL COMMUNICATIONS Mayor Laszlo declared oral communications open from the audience. Lowell Kolb, Chairman of the Environmental Quality Control Board, presented responses from the Board to Council concerns regarding SOHIO, and indicated that the E.Q.C.B. still supported the mitigation measures as before, after lengthy study. The City Manager was requested to distribute the E.Q.C.B. responses to the Council members. Dave Potter, 1007 Seal Way, member of the Environmental Quality Control Board, apprised the Council of Coastal Commission action regarding SOHIO tanks and spoke in support of alley improvements and speed bumps. There were no other oral commUnications, Mayor Laszlo declared oral communications closed. EXECUTIVE LEGAL SESSION and EXECUTIVE PERSONNEL SESSION Kredell moved, second by Weir, to adjourn to Executive Sessions at 10:00 p.m. AYES: Gray; Kredell, Laszlo, Seitz, Weir NOES: Motion carried None I I I 11-13-78 / 11-27-78 roo. . J , The Council reconvened at 11:02 p.m. with the Mayor calling the meeting to order. The City Manager reported that the Council had given direction to the City Attorney regarding legal matters and had given direction to the City Manager regarding personnel matters. Weir moved, second by Kredell, to authorize the City Manager to use I Plan Check fees to hire necessary personnel bring plan check reviews up to date and that this matter be reviewed in thirty days. AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried Gray moved, second by Weir, to disband the Ad Hoc Animal Control Committee as having performed its duty and that letters of commendation be forwarded to the members for the work done. AYES: Gray, Weir NOES: Laszlo, Seitz ABSTAIN: Krede11 Motion failed ADJOURNMENT Seitz moved, second by Laszlo, to adjourn the meeting at 11:15 p.m. I AYES: Gray, Kredell, Laszlo, Seitz, Weir NOES: None Motion carried Approved: jf~ fi-,v Mayor .... ,.J I Seal Beach, California November 27, 1978 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag.