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Home My WebLink AboutCC Min 1971-02-16 2-1-71 / 2-16-71 :lfi2 I .,' . -( ... cO!'lllunica~ions', oral communications were closed. ADJOURNMENT Holden moved, second by Fuhrman, to adjourn at 10:45 p.m. I AYES: NOES: VACANCY: Baum, Fuhrman, Hogard, Holden None One Motion carried Approved: ~ ~ 'A 1< City a~x-off c 0 erk o t Seal Beach City Council - - ATTEST' 91ff.~/~";" ty erk I Seal Beach, California February 16, 1971 The City Council of the City of Seal Beach, California met in regular session at 8:00 p.m. with Mayor BaUD presiding. The meeting was called to order with the Salute to the Flag. ROLL CALL Present: Mayor Baum Councilman Fuhrman, Hogard, Holden None Absent: Vacancy: One YOUTH CITIZEN DAY PARTICIPANTS I Mayor Baum presented certificates of participation to the following students who participated in Youth Citizen Day: Shannon Murray who served as City Attorney; Dan Thom who served as Police Chief; Mari Schadee who served as Mayor; Dana Babin who served as Councilman; Joan Linn who served as Councilman, Paul Ober who served as Councilman; Jamie Knight who served as City Manager; Mary Ann Moreno who served as Fire Chief; Dan Miller who served as City Engineer; and Sheryl Fuller who served as City Clerk. AGENDA AMENDED Fuhrman moved, second by Baum, to amend the agenda to 2-16-71 l' :,,':lr3 include item IX-J, consideration of approval of Seal 'Beach Police Officer's Association; and item IX-K, discussion of Hellman Park lease and purchase of Hellman property and Bluebell Park as requested by City Attorney. AYES: NOES: VACANCY: Baum, Fuhrman, Hogard, Holden None I One Motion carried APPROVAL OF MINUTES Fuhrman moved, second by Holden; to approve the minutes of February 1,1971 as presented. AYES: NOES: VACANCY: Baum, Fuhrman, Hogard, Holden None One Motion carried APPROVAL Of DEMANDS Demands numbered '12181 through 12309, including payroll of February 1, 1971 in the amount of $59,004.49 were presented to Council as approved by the Finance Committee. Fuhrman moved, second by Holden, that the demands be allowed and warrants drawn on the Treasury for the same. AYES: NOES: VACANCY: PROCLAMATIONS I Baum, Fuhrman, Hogard, Holden None One Motion carried Mayor Baum proclaimed March 1971 as "Red Cross Month". Mayor Baum proclaimed March 1 to 7, 1971 as "Quality Week". PUBLIC HEARING - PETER TRAMA. RED CANDLE Mr. Hogard moved to postpone the public hearing until the Chief of Police had returned from vacation. The motion failed for need of a second. The public hearing concerning the appeal of Peter Trama, DBA Red Candle on decision of Planning Commission decision to deny Use Variance was opened. The City Clerk stated that notices had been mailed and posted as required by law and that no communications had been received for or against the I I matter. The City Attorney recommended denial of the appeal. Lt. Chafe reported to Council on the matter as requested. Sven Lindstrom, 215 - 14th Street spoke regarding new ownership. Margaret Klein, 1211 Marlin, spoke for the denial of the appeal. Beverly Casares, Coastline Drive, spoke regarding new ownership. Sven Lindstrom spoke for postponing action. There were no other communications, the public hearing was closed. Holden moved, second by Fuhrman, to deny the appeal of Peter Trama, DBA Red Candle, and affirmed Planning Commission Resolution Number 511. AYES: Baum, Fuhrman, Hogard, Holden NOES: None VACANCY: One Motion carried PUBLIC HEARING - POSITION OF ASSISTANT CITY MANAGER The public hearing concerning change in Position Classification Plan adding Assistant City Manager was opened. The City Clerk stated that notices had been posted as required by law and that no communications had been received for or against the matter. The City Manager recommended that the position be created with certain changes in the classification presented. Mr. Hogard spoke against the matter. Sven Lindstrom concurred with the City Manager. Gordon Shanks, 215 Surf Place, concurred with the City Manager. Jay Covington, Candleberry Avenue, spoke on the matter. Tom Blackman, 421 Beryl Cove Way spoke on the matter. There were 'no ,other communications, the public hearing was closed. ~ESOLUTION NUMBER 1953 - ASSISTANT CITY MANAGER,POSITlON_ Resolution Number 1953 was presented to, Council entitled "A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN AND RESOLUTION NUMBER 1862 BY THE ADDITION OF THE, POSITION, OF ASSISTANT CITY MANAGER, AND ESTABLISHING A SALARY RANGE FOR SUCH POSITION." Holden moved, second by Fuhrman to adopt Resolution Number 1953. 1 I 2-16-71 :':~':lr.4 2-16-71 ::If'5 AYES: NOES: VACANCY: Baun, Fuhrman, Holden Hogard One Motion carried PROPOSED ORDINANCE - CODE OF El~tC~ The proposed Ordinance establishing a code of ethics proposed by Councilman Fuhrman with the recommendation of the Law Revision Commission attached, was received by Council. Holden moved, second by Hagard, to table the matter. I AYES: NOES: VACANCY: Hog4rd, Holden BalJll, Fuhrman' One 'Motion failed Fuhrman moved, that Ordinance Number 838, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING A CODE OF ETHICS" be deemed to have had its first reading with corrections as noted, and be passed to second reading. Mr. Baun seconded the motion. Discussion followed with members of the audience taking part. The Ordinance was read in full by the City Manager with the corrections as noted. I AYES: NOES: VACANCY: Ba un, Fuhrman Hogard, Holden One Motion failed The Mayor declared a recess at 9:40 p.m. The Council reconvened at 9:55 p.m. with the Mayor calling the meeting to order. roRDINANCE NU~BER 837 - DEPUTY' CITY ATTORNEY Ordinance Number 837 was presented for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH PRESCRIBING THE SALARY AND COMPENSATION OF THE DEPUTY CITY ATTORNEY." Baum moved, second by Fuhrman, to waive the second reading of Ordinance Number 837 and pass it to adoption. I AYES: NOES: VACANCY: Baum, Fuhrman, Holden Hogard One Motion carried I PROPQSED R~SOLUT~ON - ----R.lSSOLUTION _Of.- TASC Council had taken previous action on this item by Resolution Number 1927. RESOLUTI ON NUMBER 1954' .:....@f.B BrJI!.G!T. Proposed Resolution Number 1954 was presented to Council establishing a budget for the Environmental Quality Control Board. Fuhrman moved, to adopt Resolution Number 1954. Motion failed for need of a second. RESOLUYIONIJ PRESS ,RELEASES Fuhrman moved, to adopt a Resolution establishing Council policy for press releases. Motion failed for need of a second. RESOLUTION NUMBER 1934 - ,FIRST STREET Hogard moved to rescind Resolution Number 1934 requesting the County of Orange to include within the arterial highway financing program the improvement of First Street. The motion failed for need of a second. ORDINANCE NUMBER 834 and 835 - CONCERNING OIL WELL/OCEAN AREA Hogard moved, second by Holden to direct the City Attorney to prepare an Ordinance repealing Ordinances 834 and 835. Discussion followed with members of the audience speaking to the matter. AYES: Hogard, Holden NOES: Baum, Fuhrman VACANCY: One Motion failed SPECIAL AUDIT A report from Reynolds and Associates regarding the special audit was received. Holden moved, second by Baum, that Reynolds and Associates be requested to report at the next regular meeting as requested. AYES: Baun, Fuhrman, Hogard, Holden NOES: None VACANCY:' - One 'Motion' carried l~DEX OF RESOLUTIONS It was the order of the Chair with consent of Council to receive the Index of Resolutions prepared by the City 1 I 2-16-71 :tr.6 2-16-71 ,"~,; lfi~'7 Clerk with commendations. ~~LIFORNIA REGIONAL WATER QUALITY CONTROL BOARD The communication from the California Regional Water Quality Control Board, Santa Ana Region requesting Council CONments on the Porter Cologne Water Quality Control Act was received. Holden moved, second by Baum, that this Council support the Act by,letter and that a Resolution be,brought for consideration of Council at the next meeting. I AYES: NOES: VACANCY: Baum, Fuhrman, Hq ard, Holden None One Motion carried tEISURE WORtD LIBRARY SITE The communication from Supervisor Baker and copy of order of Board of Supervisors regarding proposed Library Site in Leisure World was received. The City Attorney reported on the above matter. Holden moved, second by Baun, to approve "Si te A", that of the proposed 11 brary facil ity, ~hat the City Manager be authorized to negotiate the terms of the City's financial participation with reference to the financial alternatives outlined in a September 22, 1970 letter from Harry M. Rowe, Jr., County Librarian to the Ci ty Manager. 1 AYES: NOES: VACANCY: Baum, Fuhrman, Hogard, Holden None One Motion carried SEAL BEACH POLICE OFFICERS ASSOCIATION It was the order of the Mayor, with consent of Council to receive and file the notice of the formation of the Seal Beach Police Officers Association. HELLMAN PROPERTY - PARK SITES The City Attorney reported that the Hellman Heirs had requested certain changes in the lease/purchase agreement approved previously by the Council. Discussion followed. Members of the audience spoke on the matter. Holden moved, second by Baum, to instruct the City Attorney to inform 1 2-16-71 -,,~~8 the Hellmans that their requested changes were unacceptable and to proceed with the original agreement as approved previously by this Council. AYES: NOES: Baum, Fuhrman, Hogard, Holden None I VACANCY: One BLUEBELL PARK . ' , Motion carried The City Attorney reported on negotiations with S & S Construction Company regarding Bluebell Park. Discussion followed. Members of the audience spoke on the matter. It was the order of the Chair, with consent of Council, that the City Manager communicate with S & S Construction relative to Resolution Number'1867 and discuss the possibility of another site. RESOLUTION NUMBE~ 1955 - PRESIDENTS GUIDANCE LETTER Resolution Number 1955 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ENDORSING THE PRESIDENTS GUIDANCE LETTER. II I Baum, moved, second by Fuhrman to adopt Resolution Number 1955. AYES: NOES: VACANCY: Baum, Fuhrman, Holden Hogard One Motion carried REPORT - TOPICS PROGRAM It was the order of the Chair, with consent of Council, to receive and file the memorandum from City Engineer and the progress report from consulting engineers on the TOPICS Program. The City Engineer noted that ,this ,project should be 'completed in three (3) months. COMMUNICATION - ALBERT DEL GUERCIO " 1 Mr. Del Guercio-spoke regarding his communication questioning if the City Attorney, Bentson, should be allowed to represent the City in the suit filed in Los Angeles Superior Court by Russell Bledsoe ,for fees alleged due him in ,the recall matter. Discussion followed. The City Attorney stated that he would give a vigorous defense and made recommendations on his 2~ 16-71 . ':lR9 procedure. Mr. Holden spoke against Mr. Bentson appearing in the case. Further discussion followed with members of the audience speaking on the matter. No further action was taken on the matter. COMMUNICATIONS It was the order of the Chair with consent of Council to receive and file the following: Communication from Mrs. Beverly J. Casares regarding oil well No. 73 on Esther Island; Letter from Community Services Project expressing appreciation for cooperation during recent survey in search of a site for a pilot program; Resolution from the City of Stanton supporting the City of' Los Alamitos in opposing a conceptual plan for 2600 naval housing units at the Naval Air Station, Los Alamitos; Resolution from the City of Tustin urging the Board of Supervisors to follow and implement the recommendations of the 1970 Orange County Grand Jury Report regarding assignment of Marshal's functions to the Sheriff; Notice of Hearing on application of Western Union Telegraph Company to revise rates; and I 1 Public Utilities Commission in the matter of the investigation on the commission's own motion into the adoption of a general order'prohibiting pollution of railroad rights of way by rail- road corporations. ORAL COMMUNICATIONS' The Mayor stated that this was the time for oral communications. Bill Miller reported on the Los Alamitos School Board meeting held February 8 and requested Council support for the proposed overpass. Mr. Plumleigh spoke in support of the overpass. Mr. Roelofs spoke against the overpass. Jay Covington spoke for an additional road rather than an over- pass. ' Mr. Harding spoke for an overpass. Baum moved, second by'Hogard, that a Resolution be prepared for consideration of Council at next meeting ,supporting an overpass I I 1 I 2-16-71 / 3~1-71 r.;\S~?O from the College Park West area, that notices be given the news media. AYES: NOES: VACANCY: ABSTAIN: ADJOURNMENT Baum, Hogard, Holden None One Fuhrman Motion carried Hogard moved, second by Holden to adjourn at 1:15 a.m. AYES: NOES: VACANCY: Baum, Fuhrman, Hogard, Holden Hone One Motion carried ~J~r ~ -eft er an e,z-offic 0 clerk of the Seal Beach City Council Approved: ATTEST: G{1 ~' 'A /.5 ~ ~ Cler March 1, 1971 Seal Beach, California The City Council of the City of Seal Beach, California met in regular session at 8:40 p.m. with Mayor Baum presiding. , The meeting was called to order with the Salute to the Flag. , ROLL CALL Present: Mayor Baum Councilmen Fuhrman, Hogard, Holden None Absent: Vacancy: One RESIGNATION - CITY ATTORNEY City Attorney Jim Bentson submitted his letter of resignation ,