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Home My WebLink AboutCC Min 1971-04-06 4-5-71 / 4-6~71~~6 of ./..11f1:"'. 01'-" ..... of the agenda. AYES: NOES: ABSENT: YACANCY: I Baum, Hogard, Holden None Fuhrman One Motion carried The meeting was adjourned at 8:30 p.m. Approved: ATTEST: ~./~ t~~ Seal Beach, California April 6, 1971 I The City Council of the City of Seal Beach, California met in regular adjourned session at 8:00 p.m. with Mayor Baum presiding. The meeting was called to order with the Salute to the Flag. ROLL CALL Present: Absent: Vacancy: Mayor Baum Councilman Hogard, Holden Councilman Fuhrman One RESOLUTION NUMBER 1966 - RESULTS - SPECIAL MUNICIPAL ELECTION DISTRICT TWO Baum moved, second by Hogard to adopt Resolution Number 1966 entitled lOA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 30th DAY OF MARCH, 1971, IN COUNCILMANIC DISTRICT TWO, DECLARING THE RESUl TS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY 1 ,- :~~fi~7 LAW", and approving the City Clerk's Certificate of Canvass. I, Jerdys Weir, City Clerk of the City of Seal Beach, County of Orange, State of California, duly authorized by Resolution Number 1963, adopted by the City Council of said City on the 15th ~ay of March, 1971, do hereby certify that I have canvassed the returns of the Special Municipal Election in Councilmanic District II and find that the number of votes given at each precinct and the number of votes given in the City on the measure of recall and for the candidates in the event that the Councilman was recalled, are as follows: I DATED this 1st day of April, 1970. s/s Jer~s Weir City Cler of the City of Seal Beach ~ Joanne M. Yeo Deputy City Clerk of the City of Seal Beach Measure Submitted to Vote of Voters Shall Conway J. Fuhrman be recalled from the office of Member of the City Council from District 21 PRECINCTS --L -L 2......1.......L...L AV Total 218 266 339 270 289 340 62 1784 YES NO 105 43 50 34 30 26 7 2 9 6 4 4 14 1 295 40 Rejected Ballots For Member of the City Council District 2 to succeed Conway J. Fuhrman if he is recalled from office'by the recall election': I PRECINCTS --L -L -L...1.......L...L AV Total James E. Neal 92 48 52 51 39 36 5 323 Franklin B. Sales Total Votes Cast 179 242 312 231 264 302 60 1590 4032 The whole number of votes cast in Councilmanic District Two was 4;032. AYES: ' NOES: ABSENT: VACANCY: Baum, Hogard, Holden None Fuhrman One Motion carried RESOLUTION NUMBER 1967 - RESULTS - SPECIAL MUNICIPAL ELECTION DISTRICT FOUR Baum moved, second by Holden to adopt Resolution Number 1967 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS, OF THE SPECIAL I . MUNICIPAL ELECTION HELD IN SAID CITY ON THE 30th DAY OF MARCH, 1971, IN COUNCILMANIC DISTRICT FOUR, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW," 4-6-71 ",;:",":':r~s I and approving the City Clerk's Certificate of Canvass. I, Jerdys Weir, City Clerk of the City of Seal Beach, County of Orange, State of California, duly authorized by Resolution Number 1964, adopted by the City Council of said City on the 15th day of March, 1971 do hereby certify that I have canvassed the returns of the Special Municipal Election in Councilmanic District IV and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, the respective offices for which said persons were candidates, are as follows: DATED this 1st day of April, 1971. s,s Jerdys Weir C ty Clerk of the City of Seal Beach For Member of the City Council District 4 for term ending July 1, 1972 s/s Joanne M. Yeo Deputy City Clerk of the City of Seal Beach PRECINCTS ...L..1......L-1-l...L..LJL AV Total Thomas I. McKnew, Jr. 23 43 24 20 28 426 317 325 9 1215 Petrus J. Roelofs 9 16 R 15 14 44 21 39 0 166 Edward E. Smith 294 254 294 165 230 26 7 8 68 1346 Rejected Ballots 6 2 6 8 7 0 2 0 3 34 I Total Votes Cast 2761 The whole number of votes cast in Councilmanic District 4 was 2,761. AYES: Baum, Hogard, Holden NOES: None ABSENT: Fuhrman VACANCY: One Motion carried OATH OF OFFICE and OFFICIAL SEATING OF NEW COUNCILMEN The City Clerk administered the Oath of Office and presented Certificates of Election to Franklin B. Sales, Councilman, District Two and Edward E. Smith, Councilman, District Four. Mr. Sales and Mr. Smith received congratulations from fellow Council Members and applause from the audience as they took their seats at the Council table. PROCLAMATIONS I Mayor Baum proclaimed "California Ecology Week", April 18 through April 24, 1971. . Mayor Baum proclaimed "Poppy Days", May 21 and May 22, 1971. , 4-~-71 "", '. n.o9 I,. ,"".. PUBLIC HEARING SET It was the order of the Chair with consent of Council to set the date for public hearing on Planning Commission denial of a variance (V-4-71) requested by Mr. and Mrs. Harry Milledge, 4724 Dogwood Avenue, for 8:00 p.m. April 19, 1971 in Council Chambers. I PUBLIC HEARING : WEED ABATEMENT No objections were voiced from property owners on weed abatement pursuant to Resolution Number 1962. Holden moved, second by Hogard to authorize the Superintendent of Streets to proceed with weed abatement as described in Resolution Number 1962. AYES: Baum, Hogard, Holden, Sales, Smith NOES: Motion carried None RESOLUTION NUMBER 1968 - OCEAN ZONING STUDY Resolution Number 1968, was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THAT THE PLANNING COMMISSION BEGIN STUDY AND REVIEW OF ORDINANCES RELATED TO ZONING OF THAT PORTION OF THE PACIFIC OCEAN WHICH LIES WITHIN THE CITY OF SEAL BEACH". Baum moved, second by Holden to adopt Resolution Number 1968. AYES: Baum, Hogard, Holden, Sales, Smith I NOES: Motion carried None RESOLUTION NUMBER 1969 - POLLUTION OF OCEAN WATERS Resolution Number 1969 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE ENVIRONMENTAL QUALITY CONTROL BOARD TO BEGIN STUDY AND REVIEW OF ORDINANCES RELATED TO POLLUTION OF OCEAN WATERS OFFSHORE FROM SEAL BEACH". Holden moved, second by Hogard to adopt Resolution Number 1969. AYES: Baum, Hogard, Holden, Sales, Smith NOES: Motion carried I None RESOLUTION NUMBER 1970 - AGREEMENT - LAW ENFORCEMENT COMMUNICATION SYSTEM Resolution Number 1970 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT POWERS 4-6-71 e:"'i,f,.. ~)O -, ."{ ,-. ~ AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR THE CREATION OF A NEW UHF COORDINATED LAW ENFORCEMENT COMMUNICATIONS SYSTEM." Hogard moved, second by Smith to adopt Resolution Number 1970. AYES: Baum, Hogard, Holden, Sales, Smith I NOES: None Motion carried RESOLUTION NUMBER 1971 - FRANCHISE BOND - STANDARD GAS COMPANY Resolution Number 1971 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AMERICAN INSURANCE COMPANY FRANCHISE BOND NO. SL-6223041 FILED NOVEMBER 17, 1970 ON BEHALF OF STANDARD GAS COMPANY UNDER ORDINANCE NO. 474; AND EXONERATING PACIFIC INDEMNITY COMPANY FROM LIABILITY UNDER ORDINANCE NO. 474 ARISING AFTER NOVEMBER 18, 1970." Holden moved, second by Hogard to adopt Resolution Number 1971. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried I "RESOLUTION NUMBER 1972 - NAMING SECURITY PACIFIC BANK - DEPOSITORY Resolution Number 1972 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EFFECTING A CHANGE IN BANKING FACILITY." Holden moved, second by Hogard to adopt Resolution Number 1972. AYES: NOES: Baum, Hogard, Holden, Sales, Smith " None Motion carried PROPOSED RESOLUTION - AIRCRAFT NOISE POLLUTION The proposed resolution supporting the City of Buena Park's position on aircraft noise pollution was held over by Order of the Chair, with concurrence of Council. SENATE BILL NUMBER 333 - COMPULSORY ARBITRATION OF WAGES I Smith moved, second by Holden, that the Council strongly oppose Senate Bill 333 and directed the City Manager to send a letter to Senator Whetmore and our other representatives in Sacramento expressing this Council's stand on this matter. Julie Dorr, 231 - 6th Street spoke on the matter. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried 4-.k:llM ;~~ REQUEST - FRANK HALE - BEER LICENSE ON PIER The request from Frank Hale, pier lessee, for permission to apply to Alcoholic Beverage Control Board for a license to sellon-site beer in the restaurant located at the Municipal Pier, was received by Council. Discussion followed. Paul Boisvert, 405 Opal Cove Way, opposed the request. Mrs. Owens, Central Avenue, spoke in support of the request. The City Attorney recommended review of the lease with the State. Smith moved, second by Holden to hold this matter over to next meeting. AYES: Baum, Hogard, Holden, Sales, Smith I' " , NOES: None Motion carr"ied REPORT - ORANGE COUNTY LEAGUE OF CITIES - SPECIAL DISTRICTS Baum moved, second by Smith, to concur with the Oran~e County League of Cities Special Districts committee report. AYES: Baum, Hogard, Holden, Smith NOES: Sales Motion carried LAND USE CONCEPT PLAN - NAVAL AIR STATION I 1 Sales moved, second by Smith, to refer the Plan for Land Use on Naval Air Station from City of Los Alamitos to the Planning Commission, with a copy of the report to J. VanDerhyden, City representative to the Los Alamitos Education Committee. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried I, PLANNING COMMISSION RESOLUTION 525 - UV-2-71 - RANCH HOUSE CAFE Holden moved, second by Hogard, to ratify Planning Commission Resolution 525, approving Use Variance (UV-2-71) to permit the continued operation of a restaurant with cocktail lounge and entertainment in the C-l Service Commercial Zone. (Ranch House Cafe). AYES: NOES: I Baum, Hogard, Holden, Sales, Smith None Motion carried APPOINTMENT - CONSUMER REPRESENTATIVE :.: The Mayor, with concurrence of Council, appointed Mrs. Ethel P. Rauschkold, Leisure World, as our Consumer Representative to 4-6-71 'ft'" ';.'1:12 the Orange County Health Planning Council. INSURANCE CLAIMS General Telephone Company. It was the order of the Chair, with consent of Council, to hold this item over as recommended I by the City Manager. Edwin F. Hurst and Mrs. Ellen E. Christner. Holden moved, second by Hogard, to deny the claim of Edwin F. Hurst, 311 . Bayshore #14, Long Beach, and the claim of Mrs. Ellen E. Christner for vehicle damages and refer same to our insurance carrier, claimants to be notified of Council action. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried REPORTS - CITY ENGINEER I The City Council received the City Engineer's report on: (1) Signalization, Pacific Coast Highway; (2) Signalization of Beverly Manor Road and Seal Beach Blvd.; (3) Extension of Route 605 and Pacific Coast Freeway; (4) San Diego Freeway at Seal Beach Boulevard Interchange; and (5) Route 405 lane widening. The Resolution of the General Plan Review Committee recommending installation of sound barrier was considered at this time, along with a letter from the College Park Homeowners Association regarding proposed widening of San Diego Freeway. Lengthy discussion followed with members of the audience speaking on the matter. The City Engineer responded to queries from the Council regarding his report. The City Manager was directed to prepare a resolution in favor of a sound barrier by the San Diego Freeway for the next regular meeting. The City Manager was directed to negotiate with the City of Los Alamitos regarding a signal at Lampson and Tulip. REQUEST - SEAL BEACH LIONS CLUB I Holden moved, second by Hogard to permit the Seal Beach Lions Club to hold their Annual Pancake Breakfast as requested. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carr.ied . 4-6~1 ':' '~q3 COMMUNICATION - GENERAL PLAN REVIEW - NAVAL AIR STATION It was the order of the Chair to receive and file the communication from the General Plan Review Committee regarding possible future development of the U. S. Naval Air Station, Los Alamitos. RESOLUTION - GENERAL PLAN REVIEW COMMITTEE - RDA I Smith moved. second by Holden to receive and file Resolution Number 71-4 of the General Plan Review Committee recommending dissolution of the Redevelopment Agency. AYES: Baum. Holden, Sales. Smith NOES: Hogard Motion carried COMMUNICATION - LAW REVISION COMMISSION Baum moved. second by Sales that the communication from the Law Revision Commission regarding provisions of the zoning code be referred to the Planning Commission. AYES: Baum. Hogard. Holden, Sales. Smith NOES: None Motion carried RESOLUTION - GENERAL PLAN REVIEW COMMITTEE - ZONING I Sales moved. second by Hogard to refer to the Planning Commission Resolution Number 71-3 of the General Plan Review Committee recommending rezoning of land adjoining the San Gabriel River. AYES: Baum. Hogard. Holden. Sales, Smith NOES: None Motion carried COMMUNICATION - ENVIRONMENTAL QUALITY CONTROL BOARD It was the order of the Chair to receive and file the communication from the Environmental Quality Control Board regarding change in meeting dates of the Board, that action be deferred to next meeting so that all Board and Commissions could be included in an Ordinance. COMMUNIC~IION - MR. ED MISCHEL It was the order of the Chair to receive and file the communication from Mr. Ed Mischel, with consent of Council. I 4-6-71 .~~~ ORAL COMMUNICATIONS I The Mayor stated that this was th~ time for Oral Communications. Peggy Reinhold, Emerald Cove Way. informed the Council of a safety hazard on Pacific Coast Highway and Seal Beach Blvd. Jean Dorr, 231 - 6th Street requested a City Ordinance on litter. Jack Smith. 1405 Seal Way, Victor Reinhold. Emerald Cove Way, Mark Woods, Ocean Avenue. all spoke regarding the problem of litter in the City. S~L BEACH FIREFIGHTERS ASSOCIA])ON Holden moved, second by Hogard to recognize the Seal Beach Firefighters Association as'an employee representation unit. AYES: Baum. Hogard, Holden. Sales, Smith NOES: None Motion carried EXECUTIVE LEGAL AND PERSONNEL SESSION I The Council recessed to Legal and Personnel Session at 9:45 p.m. The Council reconvened at 10:15 p.m. Holden moved. second by Sales. that James Bentson, Acting City Attorney, be instructed to immediately notify the Court that all Objections to respondents proposed findings of fact and conclusions of Law in the Case of City of Seal Beach versus Barry Morgan, City Treasurer. Case #M1550. in Orange County Superior Court be dismissed. also any counter findings and counter conclusions. AYES: Hogard. Holden, Sales. Smith NOES: Baum Motion carried I Smith moved. second by Sales, that Attorney Jim Bentson be instructed to immediately dismiss the cross complaint brought by the City of Seal Beach against City Treasurer Barry Morgan in the Case of Attorney Russell Bledsoe versus the City of Seal Beach and the City of Seal Beach versus Bledsoe and Morgan in Los Angeles Superior Court Case #955310. AYES: Baum. Holden, Sales, Smith NOES: Hogard Motion carried 4-6~1 I 4-12-71 'f. . ,ft. 5 c ., .. ADJOURNMENT Holden moved. second by Sales to adjourn to Monday, April 12. 1971 at 7:00 p.m. AYES: Baum, H09ard, Holden, Sales, Smith NOES: None Motion carried The meeting was adjourned at 10:30 p.m. I Approved ~~~~ C y Clerk ATTEST: April 12. 1971 Seal Beach, California The City Council of the City of Seal Beach. California met in regular adjourned session with Mayor Pro Tempore Holden presiding.. The meeting was called to order with the Salute to the Flag. ROLL CALL I Present: Mayor Pro Tempore Holden Councilmen Hogard, Sales, Smith Absent; Mayor Baum EXECUTIVE PERSONNEL SESSION The Council recessed to executive personnel session at 7:02 p.m. The Council reconvened at 7:40 p.m. with Mayor Pro Tempore Holden calling the meeting to order. RESIGNATION - INTERIM CITY ATTORNEY BENTSON Sales moved, second by Smith to accept the resignation of Interim City Attorney James Bentson. AYES: Holden. Hogard. Sales. Smith I NOES: None ABSENT: Baum Motion carried