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Home My WebLink AboutCC Min 1973-08-13 ~.o 7-23-73 / 8-13-73 Approved:.' ~r..~, Mayor 'TIEST' [Lj."C;L, "'. r~7 City c{~rk I' " I Seal Beach, California August 13, 1973 I I . . .' . . The, City Council 'of the City 'of Seal 'Beach met 'in regular session at 8:00 or.clock p.in. with Mayor'Blackman calling the meeting'to .' order with.the Salute to'tne"Flag. " , ROLl; CALL Present: Mayor Blackman Councilmen Barnes, Holden, McKnew.. Sales Absent: ' None' , Also present: Mr: Courtemarche;, City 'Manager'- Mr. Winfield, Assistant City Attorney Mr. Wood, Acting City Engineer Mr. Neprud, Planning Officer .." " Mr. 'Gaudio,' Administrative Assistant ' " , I APPOINTMENT - ARCHITECTURAL REVIEW BOARD I Mayor 'Blackman 'declareli"his, appointment of Milton A. Stein, 240 Corsair Way, as a'member.of tne':Architectura! Review Board for' Tract 6346. .' : '. " " ORDINANCE NUMBER 912' - STREET' EXCAVATION STANDARDS Ordinance Number'9l2 wa~ presented ~o,Council for first reading by title "AN ORDiNANCE OF'THE CITY. COUNCIL OF THE, C-ITY OF, 'SEAL BEACH 'AMENDING CHAPTER 20, STREETS AND SIDEWALKS, OF TIlE' CODE OF THE CITY OF SEAL BEACH, CALIFORNIA ,PERTAINING.',:ro THE: " REGULATION OF EXCAVATIONS IN PUBLIC PLACES; REQUIRING A PERMIT , TIlEREFORE 'AND 'PAYMENT OF A FEE; IMPOSING REQUIREMENTS' IN ' CONNECTION WITH SUCH WORK ~NCLUDING TRAFFIC PEDESTRIAN SAFEGUARD AND THE PROTECTION OF UTILITIES AND OTHER PROPERTY; REGULATING THE BACKFILLING AND RESURFACING OF EXCAVATIONS; PRESCRIBING SURETY BOND, INSURANCE AND DEPOSIT REQUIREMENTS; AND PRESCRIBING I PENALTIES FOR VIOLATIONS OF PROVISIONS CONTAINED HEREIN." Holden moved, sec~nd by Barnes to waive further reading of Ordinance ", . I' 8-13-73 p.t I Number 912, deem'that it has had first reading and be passed to second reading. AYES: Barnes; Blackman, Holden, McKnew, Sales, . , ' NOES: None' " : Motion carried RESOLUTION NUMBER 12241 - COMMENDING LIONELL J. JANECEK Resolution Number 2241 was presented to Council and read in full entitled "A' RESOLUTION OF THE' CI,TY COUNCIL OF 'THE CITY OF SEAL ' ~ACH, CALIFORNIA, COMMENDING AND CONGRATULATING LIONELL J. JANECEK UPON HIS RETIREMENT FROM THE LOS ALAMITOS SCHOOL DISTRICT BOARD OF TRUSTEES." SaleS'nloved, second by, Blackman to adopt 'Resolution Number 2241 as presen'te'd; " ' '" - , '. ' AYES: Barnes, BlackDiari, Holden, McKJiew; 'Sales NOES: None" , " , '..' Motion carried RESOLUTION NUMBER 2242 - AGREEMENT - CITY ENGINEERING SERVICES Resolution Number 2242 was presented 'to Council' by title "A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN AGREEMENT FOR CITY ENGINEERING SERVICES~ DES[GNATING AND APPOINTING CITY ENGINEER, TRAFFIC ENGINEER~ AND SUPERINTENDENT,OF' STREETS~ ,AND RESCINDING'RESOLUTION NO: 2233.": Sa1'es moved, second by McKnew to waive furtner'reading and adopt Resolution Number 2242 as presented. AYES: Barnes, Blackman, Holden, McKnew,' Sales NOES: None " Motion carried RESOLUTION NUMBER 2243 - COMPLETION - IMPROVEMENT PLANS - TRACT' 6177 I I Resolution Number 2243 was presented to Council by tiNe "k RESOLUTION OF THE CITY COUNCIu OF THE CITY OF SEAL BEACH DECLARING WORK COMPLETED AS TO THE IMPROVEMENT PLANS, TRAGT 6177, IN ACCORDANCE WITH AN AGREEMENT BETWEEN S & S CONSTRUCTION CO. AND' THE CITY OF SEAL BEACH.'" Holden,'moved, se'concF,by McKnew to'wa-ive..further reading and adopt' 'Resolution Nunilier' 2243 as presented. AYES: Barnes, Blackman, Holden, McKnew, Sales NOES: None, Motion carried RESOLUTION 'NUMBER 2244 - COMPLETION - PIER LIGHTING - PROJECT 365 Resolution Number 2244 was presented to Council by title "A : RESOLUT.JON'OF,'THE'Cl!1lY COUNCIU OF THE.: CITY :OF SEAL BEACH'DECLARING 8-13-73 ?2 , WORK TO BE COMPLETED AS TO PLANS AND ~PECtFICATIONS FOR THE INSTALLATION OF NEW LIGHTING ON THE MUNICIPAL PIER, PROJECT 365, IN ACCORDANCE WITH CONTRACT ENTERED INTO ~ETWEEN SMITH ELECTRIC SUPPLY AND THE CITY OF SEAL BEACH." Sales moved, second by Barnes to waive ,further reading and adopt Resolution Number,2244 1 as presented. AYES: Barnes, Blackman, Holden:; McKnew, Sales " NOES: . None . Motion carried AGENDA AMENDED Blackman'moved, second by Sales to amend the agenda to include two resolutions and a minute order relating to t~e w~dening of First Street as 'requested by the ,City Attorney. AYES: Barnes, Blackman, Holden, McKnew, Sales NOES: None ' Motion carried Assistant City Attorney Winfield presented Re~olution N~ber,2245 by title "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF SEAL BEACH ACCEPToING,THE DEED TO CERTAIN,PROPERTY AND,CONSENTING TO ITS RECORDATION" accepting,deed from Exxon,Corporation and Texaco, ,Inc. I, and Resolution 'Number'2'246: by ,title, "A RESOLUTION OF,THE CITY COUNCIL OF 'THE C;lY'OF SEAL'BEACH ACGEP~ING THE DEED,TO CERTAIN PROPERTY AND CONSENT TO ITS RECORDATION" ,accepting 'a deed from the East Naples Land Company. Holden moved, second by Blackman to waive further reading and adopt Resolution Number. 2245 and Resolution Number 2246 as presented. ,', ".. l AYES: 'Barnes, Blackman, Holden,: McKnew, Sales NOES: None " , ' Mot~on carr~ed LETTER OF AUTHORIZATION " , McKnew moved"second by Holden to authorize the Mayor to execute a letter of authorization for, curb cuts and driveways on Exxon/Texaco property line. I AYES: Barnes, Blackman, Holden, McKnew, Sales NOES: ' 'None Motion carried CONSENT CALENDAR Barnes moved, second by McKnew to approve the recommended action 8-13-73 ?3 for it~ms on, the .C~nl\ent Cal.~!iar !ls presel\ted." A. Approved ,the minutes of the ,regular ,meeting ,o~, July 23, 1973 as presented. B. Appr9ved regular demands numbered 15120 through 15353, I ,in- the amolDlt of $75,381.26; payroll demands numb erl1!i , 9527 through 9749 in the amount of $98,274.3~; and ~:t:anli!f!lrs :ill' :t"e amolfllt qf $333,2,74.36 ali! ',approve_d ,by ,,', ,the :Finance ,Comm~1ftee lpld that, warrant~ be,'drawn on, the Treasury for ,the same. " .:1 ", ,.. C. Re~e~ved and filed Resolution No. 1488 from ,City of West~inster requ~sting cla~ification,and investig~tion, of citizen allegations of maltrea1:ll\ent of prisoners"in the Orange"County Jai,1. ~.. I D. Received and filed Resolution No. 5017 from City ,of" Buena Park expres~ing its,opposi~ion,to public emploY!lr- employee relations legislation. E. Affirmed Planning Commission Resolution No. 766 regarding I side yard setbacks. , , " ~.. Approved agreement bet~een City of Seal,Beach:and C~liforqia S~ate Univ.ersity, Lon& ~each for work/~tudy program and authorized the City Manager to execute. " G. G:r:anted request for le~ve';!lf !lbsence ,by Jon ~.. Leigh, Maintenance Man II, Public Works Departmel1t. , AYES: " Barnes" Blackman, Hqlden, McKl).ew, Sal~s NOES: None, '. ", Motion carried AWARD OF BID - FIRST STREET IMPROVEMENT, PHASE III -,PROJECT 362 Bids for Project #362, First Street Improvement, Phase ~II,.~er~ ope!l-ed,by :the ,City, Clerk a1; '~,:OO o'cl,ock p.m.. July.,,3l, 1973 as follows: " . . '.. ". ". I Silveri & Ruiz $ 85,121.00 0. E. Henderson'" ,..,' 85',294.50'::" El Camino Contracting 87,875.00 Suny-Miller.... ..,..' 88,28'4':50 McGrew Construction Co. 91,939.75 Griffith Company '92,958'.50" " , Forex Company "... ~9,9~,O.00 Sales moved, second by McKnew to award the bid for First Street "1 . .. ". , Imp~~veme~~, Phase III to Silveri & Ruiz Construction Comp~y in, ?4 8-13-73 the amount of $85,12!.00 for the Unit 'prices Did, reject all other bids'arid autnorize the City Manager to execute the contract. AYES: ' Barnes; Blackman, H01den, McKnew, Sales' NOES:' None " Motion carried I RESIGNATION '- 'COUNCILMAN BARNES Councilman Barnes stated 'tliat'he was 'submitting liis 'reSignation effective'tliis day 'as he'would De moving'Dut of:st'ate to further his education. Mr. Barnes reviewed hiS temire"in 'office and offered an endorsement of Steven Spence as his successor for consideration of the Councir. Mr. Barnes retired, from his seat at the C01,1Jlcil table. ' Holden moved, second by Sales to accept the resignation of Councilman Barnes. ' AYES: Blackman, HOlden,' McKnew, Sales , .' NOES: None VACANCY: One Motion carried I COMMUNICATION - MRS. JANET VERGA Mrs. Verga presented a petition to the 'City Clerl(',for the 'record of ii1:~~igmltures supporting th~ appointment of Mr. Spence to succeed Mr. Barnes. Mayor Blac~an_~a~led for an~xecu~~ye Pers~nnel Session to review the matter. ' It: was 'the ora~r df the Chair' with"con'sent of Countil to recess to Executive Personnel Session to review the petition and the resign~tion,of Mr. Barnes. ,The City Council recessed at'~(28 p.m. and reconvened 'at 8:55'p.m.'with Mayor 'Blackman' calling the meeting to order. Mayor Blackman stated ,that the 'Council had made:a decision regarding the vacancy now existing on the Council and asked for a motion to . .... formalize same. Sales moved, second by Holq~n .to appoint James W. I . .' Dunn, Jr., 516 O~ean ,Avenue, as Councilmal).,:f;or District I for the , , unexpired term e~ding June 30, 1974. AYES: . " Blackman, Holden, McKnew, Sales NOES: '" None VACANCY: One Motion carried 8-13-73 95 I Mayor Blackman declared James W.' Dunn as Councilman for Councilmanic District I and referred to Mr. Dunn's two year term on the Planning Commission and listed his other'qualifications. ORAL COMMUNICATIONS ' Mayor Blackman declared oral communications open. Steve Spence, 209 - 7th Street, expressed his appreciation to those who had petitioned for his appointment. Vincent Lomonaco, 11 Marina Drive, expressed' his support of Mr. Spence. Dixie Courtney, 1520 Marine Avenue, expressed her support of Mr. Spence. Janet Verga, 1717 Harbor Way, spoke for unification and her willingness to communicate with the newly appointed councilman. Lee'Rugaliner, 1114 Ocean, Apt. C, Jim Quinn, 202 - 1st Street and Christine Ague, 11 Marina Drive, expressed their support of Mr. Spence. Tom Barnes, 431 Central, spoke at length against the appointment of Mr. Dunn. Gordon Shanks, 215 Surf Place, spoke regarding the upcoming election. Mr. Lomonaco spoke regarding problems at the bridge by the trailer park and was advised by the Mayor to contact the City Engineer. Nel Wilgus, 4809 Candle berry Avenue, commended the Council for their action in filling the vacancy. David Philips, 1309 Ocean, expressed his disagreement with the Council action relating to the Councilmanic appointment. Brenda'Silas,'2l4 - 'lith Street, spoke"regarding the appointment of Councilmen. Jean Dorr, 231 - 6th Street, spoke regarding the General Plan in relation to the Councilmanic appointment. Georgiana Brown, 212 - 14th Street, stated that she lived in Council District III but opposed the Council appointment of District I. Gail Olsen, 707 Central Avenue, requested information relating to recalling Mr. Dunn and was advised by the Mayor to contact the City Clerk on the matter. Mrs. Spence, 209A - 7th Street~ clarified the authorship of the'cartoon flyer, stating that ~ group 'of residents haa conceived it, that her husband was not the author and expressed her opposition to the Council appointment. Barbara Quinn, 202 - '1st Street, spoke for a delay in appointing a Councilman. Mr. Barnes spoke against the appointment of Mr. Dunn. Janis Thompson, 201 Ocean Avenue, spoke I I 8-13-73 / 8-27-73 ?6 ,11(''' regardi,ng the Council appointment., Mrs. Agur spoke regarding her letter to'the editor in the Journal ,and the response it received. Members of the City. Council responded to various points brought out by the members of the audience. Mayor Blackman declared oral communications closed. I EXECUTIVE PERSONNEL SESSION It was the order of the, Chair with ,consent of Council to recess to Executive Personnel Sessio~ to dis~uss meet and confer progress, at 10:15 p.m. The Council reconvened at 10:29 p.m. with Mayor Blackman calling the meeting to order and stating that no action had been taken. ' ADJOURNMENT Holden moved, second by McKnew to a4journ the meeting at lO:30,p.m. AYES: Blackman, !Iolden, McKnew, Sales NOES: None VACANCY: One Motion carried I Clerk and ex-officio clerk of Seal Beach "Ci ty Council Approved: v~ ~ ~'-r' j Mayor ATTEST: Seal Beach; California ~ugust'27" 1973, The City Council of the City of Seal Beach met'in regUlar session at 8:00 o'clock p.m. with Mayor ProTempore McKnew calling the meeting to order with the Salute to the Flag. I OATH OF OFFICE The City Clerk administered the Oath of Office to James W. Dunn, Jr.,