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HomeMy WebLinkAboutCC Min 1970-11-23 11-19-70 / 11-23-70 ~ to 'I" .' \ , - :\09 ADJOURNMENT Baum moved, second by Fuhrman to adjourn at 9:45 p.m. AYES: Baum, Fuhrman, Hogard Mr. Gummere spoke on the above matter. The Council was adjourned by a majority vote. ~.. d~' C ~:X-o ~rk of the Seal Beach City Council I Approved: c ~ ATTEST, 9";'''''1<< cd <'0 ty Cl erk Seal Beach, California November 23, 1970 The City Council of the City of Seal Beach met in special session at 9:40 a.m. with Mayor Baum presiding. The meeting was called to order with the Salute to the Flag. ROLL CALL I Present: Mayor Baum Councilmen Fuhrman, Gummere, Hogard, Holden Absent: None The Mayor read the notice of special meeting as follows: CALL BY MAYOR AND NOTICE OF SPECIAL MEETING OF CITY COUNCIL OF THE CITY OF SEAL BEACH Seal Beach, California November 21, 1970 To: Morton A. Baum, 815 Catalina Avenue, Seal Beach Harold K. Holden, 1460 Pelham Road, Seal Beach Conway J. Fuhrman, 132 Harvard Lane, Seal Beach Lloyd E. Gummere, 13681 St. Andrews Drive, Seal Beach Thomas R. Hogard, 126 Sixth Street, Seal Beach You and each of you will please take notice that MORTON A. BAUM, as presiding officer of the City Council of Seal Beach hereby calls and gives notice of a Special Meeting of the City Council of the City of Seal Beach to be held and convened at the hour of 9:30 o'clock A.M. ,on Monday, November 23, 1970 in the City Council Chambers, I I 211 Eighth Street, Seal Beach, California for the purpose of considering, conducting and transacting the following business: . (1) To authorize and instruct the City Attorney to immediately institutemandamus proceedings in the Orange County Superior Court to compel D. Barry Morgan, as City Treasurer, to sign and issue proper warrants and checks for payment to Special Legal Counsel Russell W. Bledsoe for legal services rendered to the City, in amounts already audited, allowed and approved for payment by the City Council. (2) To consider and adopt a Resolution of the Seal Beach City Council requesting the Orange County Grand Jury to issue an Accusation under the provisions of Government Code Section 3060, et.seq., for the removal of D. Barry Morgan from the office of Treasurer of the City of Seal Beach for wilful and corrupt misconduct in office in refusing to perform his ministerial duty of signing and issuing warrants and checks in payment of amounts regularly audited, allowed and approved by the City Council for payment for legal services rendered to the City by Special Legal Counsel Russell W. Bledsoe. This Call and Notice is made and given pursuant to the provisions of Section 408 of the Seal Beach City Charter, and if applicable and if required, the provisions of California Government Code Section 54956. ~si2ned) MO TO A, BAUM Mayor City of Seal Beach I CITY TREASURER - MANDAMUS PROCEEDINGS r Mayor Baum moved, second by Fuhrman to authorize and instruct the City Attorney to immediately institute mandamus proceedings in the Orange County Superior Court to compel D. Barry Morgan, as City Treasurer, to sign and issue proper warrants and checks for payment to Special Legal Counsel Russell W. Bledsoe for legal services rendered to the City, in amounts already audited, allowed and approved for payment by the City Council. Mr. Gummere spoke to the motion in support of the City Treasurer's action to date. I . The City Attorney made a recommendation on the matter. AYES: Baum, Fuhrman, Hogard I NOES: Gummere, Holden Motion carried. RESOLUTION NUMBER 1921 - ORANGE COUNTY GRAND JURY REQUEST Resolution number 1921 was read by the Mayor in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH 11-23-70 ~10 " :1.: : 11-23-70 / 11-23-70 ::,~;,:ltl REQUESTING THE ORANGE COUNTY GRAND JURY TO PRESENT AN ACCUSATION AGAINST D. BARRY MORGAN, CITY TREASURER, UNDER GOVERNMENT CODE SECTION 3060." Mayor Baum moved, second by Fuhrman to adopt Resolution 1921. Mr. Holden spoke regarding legal defense for City Employees , more specifically legal defense for the City Treasurer. Mr. Bentson stated that the City Treasurer could request counsel for his defense. The roll call on the motion: AYES: Baum, Fuhrman, Hogard I NOES: ADJOURNMENT Gummere, Holden Motion carried. Mayor Baum moved, second by Fuhrman to adjourn. AYES: Baum, Fuhrman, Hogard, Holden NOES: Gummere Motion carried. The meeting was adjourned at 10:04 a.m. I Approved: ~ .... ATTEST' ~A'/~' ~ ty C er Seal Beach, California November 23, 1970 The City Council of the City of Seal Beach, California met in special session at 7:00 p.m. in the Council Chambers, 211 Eighth Street, Seal Beach, California with Mayor Baum presiding. The meeting was called to order with the Salute to the Flag. I ROLL CALL Present: Mayor Baum Councilmen Fuhrman, Gummere, Hogard, Holden None Absent: 1 The Mayor read the notice of special meeting as follows: CALL BY MAYOR AND NOTICE OF SPECIAL MEETING OF CITY COUNCIL OF THE CITY OF SEAL BEACH I' Seal Beach, California November 21, 1970 To: Morton A. Baum, 815 Catalina Avenue, Seal Beach Harold K. ,Holden, 1460 Pelham Road, Seal Beach Conway J. Fuhrman, 132 Harvard Lane, Seal Beach Lloyd E. Gummere, 13681 St. Andrews Drive, Seal Beach Thomas R. Hogard, 126 Sixth Street, Seal Beach You and each of you will please take notice that MORTON A. BAUM, as presiding officer of the City Council of the City of Seal Beach hereby calls and gives notice of a Special Meeting of the City Council of the City of Seal Beach to be held and convened at the hour of 7:00 6'clock, P.M. on Monday, November 23, 1970 in the City Council Chambers, 211 Eighth Street, Seal Beach, California, for the purpose of considering, conducting and transacting the following business: (1) To conduct an Executive Session to retain legal counsel to represent the City and its officers in Orange County Superior Court Case No. M. 1546, entitled Franklin B. Sales, et.al. v. Morton A. Baum, et.al.. ' (2) To conduct an Executive Session to receive a report from the City Attorney concerning case No. 702619 HP entitled Seal Beach Country Club Apartments, etc. et.al. v. City of Seal Beach, et.al. filed November 20, 1970 in the United States District Court for the Central District of California, and to retain legal counsel to represent the City and the Redevelopment Agency of the City of Seal Beach and their officers in said action. (3) To conduct a joint Executive Session with the Redevelopment Agency of the City of Seal Beach concerning said United States District Court case No. 702619 HP. (4) To consider a report from the City Attorney concerning the Application, scope and effectiveness of Seal Beach City Ordinance 821, and to adopt any appropriate resolutions or orders in connection therewith. This call and notice is made and given pursuant to the provisions of Section 408 of the Seal Beach City Charter, and if applicable and if required, the provisions of California Government Code Section 54956. I ~Signed) MO TON A. BAUM Mayor City of Seal Beach Mr. D. H. MacKenzie, President of the Golden Rain Foundation presented a letter to the City Clerk for consideration of the Counci l. 11-23-70 f n ~ ~t2 11-23-70 , : '!!;t,G 3 o. .. I. The Council recessed to Executive Legal Session at 7:08 p.m. COUNCIL ITEMS 2 and 3 - COURT CASE 702619 HP The City Council reconvened from Executive Session at 9:25 p.m., stating that a compromise agreement had been reached between the City Council, the Redevelopment Agency, and the Seal Beach Country Club Apartments and R & B Construction Company; that a Property Development'Tax would be proposed on December 7, 1970, imposing a new tax of 35 cents per square foot for development of property, not meeting our zoning requirements, and 15 cents per square foot for development of property meeting our zoning requirements; funds to be used for capital expenditures through the Seal Beach Environmental Reserve Fund. The City Attorney read in full'the letter of intent from the Seal Beach Country Club Apartments and R & B Construction Company. Baum moved, second by Fuhrman, to approve the letter of intent as read, and authorize each member of the Council to affix his signature thereon. Discussion followed with members of the Council speaking on the matter. AYES: Baum, Fuhrman, Gummere, Hogard, Holden I I NOES: None Motion carried. COUNCIL ITEM 4 - ORDINANCE 821 The City Attorney stated that in his opinion the application of Ordinance 821 to the property so described in the Owner Participation Agreement between the City of,Seal Beach and Dew Chemical Company would constitute an unconstitutional impairment of the obligation of contract and a breach of a participation agreement made with owners and that the Ordinance should be deemed not applicable to that parcel of property. Baum moved, second by Holden, to accept the City Attorney's opinion, and that Ordinance Number 821 be deemed not applicable to that parcel of property so described in the Owner Participation Agreement between the City of Seal Beach and Dow Chemical Company. I 11-23-70 / 11-24-70 · "n,4I4 ~. . . J~"')' AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. I Mr. Fuhrman stated that the Council should establish a cut-off date for applications for City Manager at the regular adjourned meeting scheduled for November 24, 1970. Mr. G~ere requested that Mr. MacKenzie be heard relative to his letter. ADJOURNMENT Fuhrman moved, second by Hogard to adjourn at 9:45 p.m. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion carried. Approved: C1~~f~ of th Seal Beach City Council I ATTEST: 9A/f'c' '(.(i, , Cfty erk Seal Beach, California November 24, 19~0 The City Council of the City of Seal Beach met in regular adjourned session at 7:00 p.m. with Mayor Baum presidin9. The meeting was called to order with the Salute to the Flag. ROLL CALL Present: Mayor Baum Councilmen Fuhrman, Hogard, Holden Gummere I Absent: I ENVIRONMENTAL QUALITY CONTROL BOARD Nominations were open for appointment to the Environmental Quality Control Board. Mr. Fuhrman nominated Fritz Singer as a member of the Environmental Quality Control Board, as recommended by EQCB Resolution 70-1.