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Home My WebLink AboutCC Min 1970-07-20 7-6-70 I 7-20-70 180 APPOINTMENTS TO. BOARDS, AND COMMISSIONS It was the order of the Chair, with consent of Council, to hold these appointments over to August, that notices be posted and given , ' to the local papers regarding openings on boards and commissions. ADJOURNMENT Gummere moved, second by Fuhrman, to adjourn at 10:07 p.m. AYES: Bau~, Fuhrman, Gummere, Hogard, Holden I NOES: d ex-officio clerk Beach City Council None carried. Approved: t* Ma ATTEST:' . /?_+ ~ CJ.ty Cler ~eal~Beach, California July 20, 1970 The City'Council of the City of Seal Beach, California, met in regular session at 8:00 p.m. with Mayor Baum presiding. The I meeting was called to order with the Pledge of Allegiance. ROLL CALL Present: Mayor Baum Councilman Fuhrman, Gummere, Hogard, Holden Absent: None APPROVAL OF MINUTES Holden moved, second by Fuhrman, to approve the minutes of the regular meeting July 6, 1970, as presented. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. APPROVAL OF DEMANDS Demands numbered 10312 through 10515 of $194,821.07 including payrolls of June 30, 1970 and July 16, 1970 of $115,915.14, I were presented as approved by the Finance Committee. Fuhrman moved, second by Hogard, that the demands be allowed and warrants drawn on the Treasury for the same. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. 1 1 I 7-20-70 -g '~1 PUBLIC HEARING - VARIANCE V-12-70 (Morrow) The Mayor st~ted that this was the time and place for a public hearing to be held concerning the appeal of John C. Morrow to Planning Commission decision (Resolution Number 440) on Variance V-12-70, and asked the City Attorney to conduct the hearing. The City Attorney stated that this hearing concerned the appeal of John C. Morrow to Planning Commission decision in Resolution Number 440 denying variance application for a six foot fence in the front yard setback. The City Clerk stated that all notices had been posted as required by law and that no communications, forODr against the matter, had been received. Mr. Morrow, 247 B 17th Stre~t, Seal Beach, spoke for granting the variance and presented pictures depic~ing similar fences in the City. Mr. Reiner, 1315 Seal Way; Luther Holling, 245 A 17th Street; Jack Klempner, 213 13th Street; and Carol Hunt spoke for granting the appeal. No one from the audience spoke in opposition. Members of the Council had questions on the matter. There were no other communications, the Mayor declared the public hearing closed. Fuhrman moved, second by Holden, that the appeal of John C. Morrow to Planning Commission decision on Variance V-12-70 be returned to the Planning Commission for further study, Mr. Baum spoke for upholding the Planning Commission study and that a review be made of the zoning ordinance. Discussion followed. AYES: Fuhrman, Gummere, Hogard, Holden NOES: Baum Motion carried. ORAL COMMUNICATIONS Mayor Baum stated that this was the time for oral communications. Julie Dorr, 231 6th Street, requested to speak when items 1, 9, and 29 were considered by the Council and proceeded to read the proposed resolution in Agenda item 18 with added comments. Gordon Shanks, Surf Place,-spoke on agendas and requested to speak to item 10 and 20 of the agenda. Mrs. Owen requested to speak when items 18, 24 and 25 were considered by Council. Martha Grier, County Probation Officer, requested to speak when item 1 of the agenda was considered. Martha Schieblauer, 124 1st Street, requested to speak when item 24 was considered by Council. Kris Lindstrom, 21S 14th Street, spoke relative to sanitation districts of the County. Tom Brady, 1607 Electric Avenue, requested to 1 S;t'7-20-70 speak when items 12 and 18 were considered by Council. Harry Schuck, Coastline Drive, requested to speak when item 26 was considered by Council. Jim Bentson, Electric Avenue, requested to speak when item 27 was considered by Council. Paul Boisvert, Opal Cove Way, requested to speak when items 10, II, 23 and 24 were considered by Council. Carol Ruzgis, Central Avenue, requested to speak when item 24 of the agenda was considered by Council. Tom McKnew, President College Park Homeowners, requested to speak when item 22 of the agenda was considered by Council. Mr. McQueen, Seal Beach Car Wash, requested to speak when item 26 of the agenda was considered by Council. Jack Klempner, 13th Street, requested to speak when item 9 was considered by Council. Tom Barnes, Edwin Owen, Ima Jean Parko, Millard Marks, William Taylor, Mr. Richards all requested permission to speak when item 24 of the Agenda was considered by Council. Beverly Casares, 420 Coastline, requested to speak when item 18 was considered by Council. There were no other requests, the Mayor closed oral conununications. I AGENDA AMENDMENT Fuhrman moved, second by Hogard, to amend the Agenda to include discussion of three items prior to all other items (1) Boards and Commissions, (2) 1970-71 Budget, and (3) an executive personnel session. Mr. Gummere spo~e against the motion. Mr. Holden spoke against the motion. AYES: Baum, Fuhrman, Bogard NOES: Gummere, Holden The City Clerk stated that there was no unanimous vote. The City Attorney stated that previous Council policy required a unanimous vote to amend the Agenda. The Mayor ruled ,that the Council policy appeared to be changed by the above vote. BOARDS & COMMISSIONS Fuhrman moved, second by Hogard, that all Board members and Co~ission members required to submit their resignations to the City Council for consideration, that they shall continue to serve until their resignations have been accepted or rejected. I I I I I 7-20-7Q 1~2! The Boards and Commissions to be the Planning Commission, the Civil Service Board, the Board of Appeals, and the Building Authority. Mr. Holden and Mr. Gummere spoke againsttthe motion. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion carried. 1970-71 BUDGET Mr. Fuhrman presented proposed resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PLACING CERTAIN RESTRICTIONS ON THE 1970-71 BUDGET OF THE CITY OF SEAL BEACH;" and read the resolution in its entirety, and moved to adopt said resolution as Number 1877. Mr. Hogard seconded the motion. Discussion followed. The City Attorney recommended that contractual obligations be included in paragraph one, and requested a written copy of the resolution for recommendations on legal wording. Fuhrman moved second by Hogard, that the original motion be amended to include "existing contractual obligations" in Section One. AYES: Baum, Fuhrman', Hogard NOES: Gummere, Holden Motion carried. PERSONNEL SESSION It was the order of the Chair to recess to executive personnel session at 9:10 p.m. The meeting reconvened at 9:45 with Mayor Baum calling themmeeting to order. Baum moved, second by Fuhrman, that the hour of adjournment be fixed at 12:00 midnight. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. COUNTY COMMUNITY SERVICES-AGENDA ITEM 1 Mrs. Greier, County Probation Officer, related to the Council information regarding the proposed Community Services Project. Discussion followed. Julie Dorr, 6th Street, spoke on the matter. Holden moved, second'by Gummere, that the City of Seal Beach participate in the progect. . AYES: Baum, Fuh~an, Gummere, Hogard, Holden NOES: None Motion carried. I ~~~~'-70 CHAMBER OF COMMERCE - AGENDA ITEM 2 Gummere moved, second by Holden, to receive and file the communication from the Seal Beach Chamber of Commerce expressing their appreciation of funds allocated for Chamber use.' AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. NOTICE - CORPS OF ENGINEERS - AGENDA ITEM 3 Hogard moved, second by Holden, to receive and file the notice from the Corps of Engineers regarding harbor lines regulations. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: Motion carried. None COMMUNICATION - SCAG - AGENDA ITEM 4 Gummere moved, second by Hogard, to receive and file the communication from the Southern California Association of Govern- ments regarding open space grants. AYES: Baum, Guhrman, Gummere, Hogard, Holden NOES: None Motion carried. SANTA BARBARA OIL PROBLEM - AGENDA ITEM 5 Holden moved, second by Hogard, to receive and file the communication from the City of Newport Beach and U. S. Department of Interior r~garding the Santa Barbara oil problem. Previous I action had been taken by this Council on this matter. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: Motion carried. None LEGISLATIVE BULLETIN~AGENDA ITEM 6 Baum moved, second by Gummere, that no action be taken on SBll14. AYES: Baum, Fuhrman, Gummere, ,Hogard, Holden NOES: Motion carried. None Fuhrman moved, second...by'Gummere,..1;o"'oppose Senate Bill 2310 and appropriate letters be sent our legislators. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. Baum moved, second by Holden, to oppose all four Senate Bills 1293, 941, 695 and 601. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: Motion carried. None I 1 I I I I 7-2D~O , lA1tp_: Ijt .,. , NOTICE OF PUBLIC HEARING-ORANGE COUNTY TRANSIT-AGENDA ITEM 7 The notice of a public hearing on July 21, 1970, before the Board of Supervisors relating to the proposed formation of an Orange County Transit District was received. Discussion followed. Fuhrman moved, second by Hogard, to authorize the City Manager to be the representative at the public hearing to express the view of this Council in favor of creating an Orange County Transit Districtwwith the questions posed as to the Los Angeles Branch RTD still having a franchise in the County and as to the establishment of our own bus system in Orange County. AYES: Baum, Fuhrman, Hoga~d, Holden NOES: Gummere Motion carried. CHURCH OF RELIGIOUS SCIENCE - AGENDA ITEM 8 Gummere moved, second by Hogard, to receive and file the communication from the Church of Religious Science and directed that a note of appreciation be sent relative to their donation of One Hundred Dollars for playground equipment; AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. ORDINANCE NUMBER 814 - VACATIONS Ordinance Number 814 was presented for second reading en~itled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING SECTION 7-37, CHAPTER SEVEN, SEAL BEACH CITY CODE, RELATING TO VACATIONS." Julie Dorr and Jack Klempner spoke againsttthe ordinance. Gummere moved, second by Holden, to waive the second reading of Ordinance Number 814, deem that it has had second reading and be passed to adoption. AYES: Baum, Fuhrman, "Gummere r 'Hogard," -Holden' NOES: None Motion carried. ORDINANCE NUMBER 815 - COMPENSATI0N OF CITY CLERK Ordinance Number 81S was presented for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, FIXING THE COMPENSATION OF THE CITY CLERK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH." 7-20-70 1 '1~i? { Mr. Shanks and Mr. Boisvert spoke against the ordinance. Holden moved, second by Hogard, to waive the second reading of Ordinance Number 815, deem that it has had second reading and be passed foraddption. AYES: Fuhrman, Gummere, Hogard, Holden NOES: Baum Motion carried. I HUMBLE OIL FRANCHISE - AGENDA ITEM 11 Mr. Boisvert spoke to this item. After..'discussion the Mayor directed the City Attorney to inquire into the aspects of the Franchise with respect to legal, action and responsibility concerning abandonment, and, report to Council. AWARD OF BID-PROJECT 318 (AHFP 488) AGENDA ITEM 12 The City Engineer's memorandum recommending that the bid for project 318 (AHFP 488) be awarded the low bidder Sully Miller in the amount of $426,976.40 was received. The recommendation from the County of Orange, Road Commissioner and County Surveyor to 'award to the low bidder was noted. Holden moved, second by Gummere to accept the lowest responsible bidder, Sully Miller Co. in the amount of $426,976.40 and that the bid be awarded for the unit priee bid and all other bids be rejected, the 1 City Manager be authorized to execute the contract. Mr. Brady spoke to this item. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. ~RD SF BID - peD~eE:FACILITY - AGENDA ITEM 13 The recommendation from the City Manager regarding,bids 9pened July 15, 1970,"for;remodeling:former City Hall was received. Hogard moved, second by Gummere, to reject all bids for the remodeling of forme~.City-Ha~~ fo~'~el~ce facilities as recommended.j:>y" the City Manager. AYES: Baum, Fuhrman, Gummere, Hogard, Holden I NOES: None Motion carried. 7-20-70 1~~'. RESOLUTION NUMBER 1878 - TOPICS - AGENDA ITEM 14 Resolution Number 1878 was presented for consideration of Council entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION ON THE APPORTIONMENT OF ,TOPICS FUNDS." Gummere moved, second;,by Holden, to adopt Resolution I Number 1878. AYES: Baum, Fuhrman, Gurnrnere, Hogard, Holden NOES: None Motion carried. RESOLUTION NUMBER 1879 - TOPICS - AGENDA ITEM 15 Resolution Number 1879 was presented for consideration of Council entitled " A RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION WITH THE CALIFORNIA DIVISION OF HIGHWAYS FOR AN AREAWIDE TOPICS PLAN AND STUDY. " Holden moved, second by Gurnrnere, to adopt Resolution Number 1879. AYES: Gaurn, Gurnmere, Hogard, Holden NOES: Fuhrman ,Motion carried. AGREEMENT-COOK & BARLETTA, INC.-AGENDA ITEM 16 II Fuhrman moved, second by Hogard, to approve the agreement between the City of Seal Beach and Cook & Barletta for sewer line cleaning and authorize the City Manager to execute the contract. AYES: Baum, Fuhrman, Gumrnere, Hoga~d, Holden NOES: None Motion carried. AGREEMENT - STATE PERSONNEL BOARD - AGENDA ITEM 17 Fuhrman moved, secqnd by Hogard, to approve the agreement between the City of Seal'. Beach and the,. Cooperati ve Personnel Service, California Personnel Board and authorize 'the City Mana~er to execute same. . \,... .t' I / .. \. .''':'"'. AYES: Baum, FuhrIiian';" Gummere i Hogara;' Holden-" ....... -. NOES: None _....:.. '. ", I , Motion carried. I PROPOSED RESOLUTION - REDEVELOPMENT REVOLVING FUND Hogard moved, second by Fuhrman, to hold this item over pursuant to Resolution Number 1877 previously passed. JI::Y:ES: Baurn, Fuhrman, Gurnrnere, Hogard, Holden NOES: None Motion carried. 7-20-70 'i36~ RESOLUTION OPPOSING MODIFICATION OF SAN DIEGO EREEWAY After lengthy discussion, it was the order of the Chair, with concurrence of the Council, that members of the Council and the City Engineer attend the public hearing relative to the modifi- cation of the San Diego Freeway to be held July 29, 1970, at 7:30 p.m. RESOLUTION NUMBER 1880 - GUM GReVE AREA - AGENDA ITEM 20 Resolution Number 1880 was presented for consideration of Council entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS THEREFORF,:" with a recommendation from the City Manager. Discussion followed. Holden moved, second by Gummere, to adopt Resolution Number 1880 and approve the recommendations of the City Manager. I AYES: Baum, Gummere, Hogard, Holden NOES: Fuhrman ADJOURNMENT Gummere moved, second by Baum, to adjourn to Monday, July 27, 1970, at 8:00 p.m. AYES: Baum, Gummere, Fuhrman, Holden NOES: Hogard Motion carried. The meeting adjourned Motion carried. I Approved: . ATTEST: I