Loading...
HomeMy WebLinkAboutCC Min 1971-04-19 4-12-7114-19-71 ,"."nn " " "......:"', Mr. Watson assumed the duties of City Attorney at this time and introduced Frederick S. Keeler, Jr.. as Deputy City Attorney. Smith moved, second by Sales. that Mr. Watson replace Mr. Bentson in the case of Bledsoe vs. City of Seal Beach in Los Angeles Superior Court. AYES: Holden, Hogard. Sales, Smith NOES: None I ABSENT: Baum Motion carried ORAL COMMUNICATIONS Mayor Pro Tem Holden stated that there were a few minutes for oral communications. There were no oral communications. ADJOURNMENT Sales moved, second by Smith. to adjourn at 7:54 p.m. AYES: Holden, Sales, Smith. Hogard NOES: None ABSENT: Baum Motion carried ,I App.."" /J~~L~ ATTEST, ~ -uJa:v Ci C erk Seal Beach, California April 19, 1971 The City Council of the City of Seal Beach. California met in regular session at 8:00 p.m. with Mayor Baum presiding. The meeting was called to order with the Salute to the Flag. I ROLL CALL Present: Mayor Baum Councilmen Hogard, Holden, Sales, Smith Absent: None 4-19-71 . 'P~~:l(,,)S APPROVAL OF MINUTES Holden moved. second by Smith, to approve the minutes of April 5, 1971 regular meeting; April 6, 1971, regular adjourned meeting; and April 12, 1971 regular adjourned meeting with corrections as noted. I AYES: NOES: Baum. Hogard, Holden. Sales, Smith None Motion carried APPROVAL OF DEMANDS Demands numbered 12802 through 12980 in the amount of $41,541.39 and payroll demands for April 16, 1971 numbered 1112 throu9h 1300 in the amount of $62,315.69 were presented to Council as approved by the Finance Committee. Discussion followed. Smith moved, second by Holden. that the demands be allowed and warrants drawn on the Treasury for the same. AYES: Baum, Hogard, Holden, Sales, Smith' NOES: None Motion carried PROCLAMATIONS I. Mayor Baum proclaimed May 1, 1971 as "Loyalty Day". Mayor Baum proclaimed May 8, 1971 as "Fire Service Recognition Day". Mayor Baum proclaimed the week of April-26 through May 3, 1971 as "Work Experience Education Week". PUBLIC HEARING - APPEAL - VARIANCE V-4-71 I The Mayor stated that this was the time for a public hearing to be held concerning the appeal to the City Council from Mr. and Mrs. Harry Milledge on Variance denied by the Planning Commission (V-4-71). The City Clerk stated that notices had been posted as required by law and notices mailed to property owners near subject property. The City Clerk stated that communications had been received from Reno Lorenz, copies of which had been provided to the Council. Sara Milledge, 4724 Dogwood, spoke for granting the appeal and presented a petition signed by homeowners in the area and filed same with the City Clerk. Mr. Campbell, 4708 Dogwood, spoke against 4-~9- ZJ , i i ':Jofl~ granting the appeal. Reno Lorenz, 4716 Dogwood, spoke against granting the appeal. A. L. Hunter, 4700 Dogwood, spoke against granting the appeal. There were no other communications from the audience. The Mayor declared the public hearing closed. Smith moved, second by Holden, to concur with Planning Commission Resolution 524 denying Variance V-4-71 and directed the City Attorney to prepare a resolution citing the facts and reasons for this action. AYES: Baum, H09ard, Holden, Sales, Smith I NOES: None Motion carried ORDINANCE NUMBER 838 - DEPUTY CITY ATTORNEY Ordinance Number 838 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, REPEALING ORDINANCE NO. 837 AND ALL OTHER ORDINANCES IN CONFLICT THEREWITH." Holden moved, second by Sales to waive the second reading of Ordinance 838, deem that it has had second reading and be passed to adoption. AYES: Baum, Hogard, Holden. Sales, Smith I NOES: Motion carried None ORDINANCE NUMBER 839 - REPEALING ORDINANCE NUMBER 834 Ordinance Number 839 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, REPEALING ORDINANCE NO. 834". Sales moved, second by Baum to table Ordinance Number 839. AYES: Baum, Holden, Sales, Smith NOES: Hogard Motion carried The Council directed the City Attorney to study Ordinance Number 834 and report his findings to Council. ORDINANCE NUMBER 840 - REPEALING ORDINANCE NUMBER 835 Ordi nance Number 840 ~Ias presented to Counci 1 enti tl ed "AN I ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, REPEALING ORDINANCE NUMBER 835." Sales moved, second by Baum to table Ordinance Number 840. 4-19-71 t :F~OO AYES: Baum, Holden, Sales, ~mith NOES: Hogard Motion carried The City Attorney was directed to study Ordinance Number 835 and report his findings to Council. ORDINANCE NUMBER 841 - BOARDS AND COMMISSIONS I Ordinance Number 841 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REVISING CERTAIN PORTIONS OF SECTIONS 7B-5 AND 10A-5,OF THE CITY CODE RELATING TO THE MEETING SCHEDULE FOR THE ENVIRONMENTAL QUALITY CONTROL BOARD AND THE LAW REVISION COMMISSION." Holden moved, second by Hogard to waive the first reading of Ordinance Number 841, deem that it has had first reading and be passed to second reading. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried RESOLUTION NUMBER 1975 - FREEWAY SOUND BARRIER Reso 1 uti on Number 1975 was presented to, Council enti tl ed "A 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING AND STRONGLY RECOMMENDING THAT THE STATE DIVISION OF HIGHWAYS CONSTRUCT A SOUND BARRIER ALONG THE NORTH SIDE OF STATE HIGHWAY 405 AS LIES BETWEEN THE EASTERL Y BOUNDARY OF THE CITY OF SEAL BEACH AND ASTER STREET." Smith moved, second by Holden to adopt Resolution Number 1975. Discussion followed with members of the audience speaking on the matter. The City Engineer gave his recommendations on the subject. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried RESOLUTION NUMBER 1976 - AGREEMENT - POPULATION ESTIMATE Resolution Number 1976 was presented to Council entitled "A , , 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING STATE POPULATION ESTIMATE FOR THE CITY OF SEAL BEACH FOR 1971." Holden moved, second by Sales to adopt Resolution Number 1976. :J~~~ AYES: Baum, Hogard, Holden, Sales, Smith NOES: None ~lotion carried PROPOSED RESOLUTION - BLUEBELL PARK Proposed Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DIRECTING THAT NO BUILDING PERMITS BE ISSUED IN THAT AREA OF COLLEGE PARK EAST KNOWN AS BLUEBELL PARK AND ESPECIALLY LOTS 116 THROUGH LOT I 125, TRACT 6177," was presented to Council. Hogard moved to table the Resolution. There was no second to the motion so the motion failed. Discussion followed concerning Bluebell Rark. Holden moved, second by Smith to consummate the previous agreement with S & S regarding Bluebell Park. Further discussion followed with members of the audience speaking to the matter. Council discussed negotiations for more park space in the College Park East area. Roll call on the motion was: AYES: Baum, Holden, Sales, Smith NOES: Hogard Motion carried I RESOLUTION NUMBER 1977 - HONORING LLOYD E. GUMMERE Resolution Number 1977 was read in full entitled "A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, RELATING TO THE HONORABLE LLOYD E. "POP" GUMMERE UPON HIS RETIREMENT FROM THE CITY COUNCIL." Smith moved, second by Hogard to adopt Resolution Number 1977. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried RESOLUTION NUMBER 1978 - RESCINDING RESOLUTION NUMBER 1885 - BUDGET Resolution Number 1978 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RESCINDING RESOLUTION NUMBER 1885, WHICH HAD PLACED CERTAIN RESTRICTIONS ON EXPENDITURES ALLOWED IN THE I 1970 - 71 BUDGET." Holden moved, second by Sales to adopt Resolution Number 1978. AYES: Baum, Hogard, Holden, Sales ". Smith NOES: None Motion carried RESOLUTION NUMBER 1979 - MEETING - ENVIRONMENTAL ISSUES Reso 1 uti on Number 1979 was presented to Council enti tl ed "A I RESOLUTION OF THE SEAL BEACH,CITY COUNCIL,REQUESTING A MEETING WITH THE CALIFORNIA STATE LANDS COMMISSION, THE ATTORNEY GENERAL'S OFFICE AND STANDARD OIL COMPANY." Hogard moved, second by Baum to adopt Resolution 1979., Discussion followed with concurrence of the Council that the City Attorney's findings regarding Ordinances 834 and 835 should be complete before a meeting be held as stated in the Resolution. AYES: Baum, Hogard, Smith NOES: Holden, Sales Motion carried The City Manager was directed to establish a date for the above subject meeting after the next Council meeting. 1 PROPOSED RESOLUTION - REPEALING RESOLUTION NUMBER 1934 - FIRST STREET Proposed Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REPEALING RESOLUTION NUMBER 1934," was presented to Counci 1 . Hogard moved to adopt the Resolution. Motion failed for need of a second. RESOLUTION NUMBER 1980 - GENERAL PLAN REVIEW COMMITTEE I Resolution Number 1980 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING THE GENERAL PLAN REVIEW COMMITTEE FOR THEIR CONSTRUCTIVE EFFORTS IN FORMULATING GOALS WHICH GUIDE THE GROWTH AND DEVELOPMENT OF THE CITY." Mr. Del Guerci 0, member of the General Plan Review Committee stated that he wished his name to be included with the minority report presented to the Council. Holden moved, second by Sales to adopt Resolution Number 1980. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried 4-19-7J f.l oq I ( '.' .. 4-19:.71 ~ ".ltO;.s The Mayor called a short recess at 9:35 p.m. Council reconvened at 9:45 p.m. with the Mayor calling the meeting to order. USE VARIANCE - UV-3-71 Planning Commission Resolution Number 528 approving UV-3-71 for light electronic component assembly in conjuction with engineering in a C-2 zone. Hogard moved, second by Holden to affirm Planning Commission Resolution Number 528. AYES: Baum, Hogard, Holden, Sales, Smith I NOES: None Motion carried REQUEST - ON-SALE BEER AND WINE - PIER The request from Frank Hale for permission to apply to the ABC for license to sellon-sale beer and wine in the restaurant located on the Municipal Pier was received. Holden moved, second by Smith to approve the request stipulating that beer and wine would be consumed only under areas covered by roof and where food is sold and consumed. AYES: NOES: Baum, Hogard, Holden, Smith I Sales Motion carried REQUEST - PATIO ROOF - PIER The request from Frank Hale for permission to construct a patio roof on the East side of the building located on the Municipal Pier was received. The City Manager's recommendation on the subject was received. Mr. Hale presented a drawing of the proposed roof to the Council. Sales moved, second by Hogard to approve the request, subject to the recommendations of the City Manager. AYES: Baum, Hogard, Holden, Sales, Smith NOES: Motion carried None IMPROVEMENT BONDS - BERNARD SOLOMON SUBDIVISION Holden moved, second by Smith to accept Improvement Bonds for public improvements at Tract Number 7264 in amounts of $6,000 faithful performance and $3,000 labor and material. AYES: Baum, Hogard, Holden, Sales, Smith I NOES: Motion carried None COUNCIL APPOINTMENTS Hogard moved, second by Holden to appoint Frank Sales as a member of the Council's Finance Committee. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried I Mr. Smith was appointed to be the City's representative to SCAG, Southern California Association of Governments, by unanimous consent of the Council. APPROVAL OF SPECIFICATIONS - POLICE VEHICLE Smith moved, second by Holden to approve the specifications for a 4-wheel drive vehicle, Police Oepartment, and authorize the City Manager to obtain bids on same. AYES: Baum, Hogard, Holden, Smith, Sales NOES: None Motion carried PLANS AND SPECIFICATIONS - CAB AND CHASSIS I Sales moved, second by Smith to approve ,the Plans and Specifications for Cab and Chassis and One-Man Aerial Tower and authorize the City Manager to advertise for bids on same. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried NOTICE - ANTI-WAR RALLY The City Manager's memorand~ to the Council informing them of a march and rally planned by the "Peoples Coalition" group to be held on Saturday, May 1st was received by Council. The memorandum from the Chief of Police concerning the rally was received. Discussion followed. I E.Q.C.B. RESOLUTION 71-6 The Environmental Quality Control Board Resolution supporting Assembly Bill #660, designated to preserve the California Mountain Lion was received. Baum moved, second by Sales that the Council concur with the E.Q.C.B. Resolution 71-6. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried 4-19-71A04 'r-, . , . , '. 4-19-.zh fliH!. 5 RESOLUTION - OPERATION ALERT It was the order of the Chair with consent of Council to defer action regarding the Resolution from City of Anaheim in support of "Operation Alert" for further information on the matter. COMMUNICATION - PETRUS J. ROELOFS I The City Manager read the communication from Petrus J. Roelofs. Holden moved, second by Sales that this letter be included verbatim in the minutes and that Mr. Roelofs be relieved of his position on the Environmental Quality Control Board. AYES: Holden, Sales, Smith NOES: 8aum ABSTAIN: Hogard Motion carried "April 19, 1971. Council Meeting of the City of Sea 1 Beach. My name is Petrus J. Roelofs, 4665 Ironwood Avenue, Seal Beach, College Park East, Seal Beach. Honourable Mayor and Councilmen: Now that the special election in Councilmanic District 4 is past, I would like to point out the following facts: 1. I thank the 166 supporters out of the 1600 supporters, who were lucky enough to have their votes acknowledged and counted. 2. I would like to point out to the Press, that this was officially a recall election on Mr. Gummere as per Registrar of Voters of Santa Ana. Regardless if Mr. Gummere did not elect to put up a fight, but made an illegal pact in the absence of Mr. Fuhrman and did not have the guts to openly make the statements to all the citizens of this City, but only to the militants. Recordings of his inflammatory remarks are available. 3. Mr. friendship with Mr. Conway J. Fuhrman has been cemented to such an extent that it is my gain and the City's loss. Together we stand for Honesty, Decency, Integrity, Pride and Guts as Citizens who have the fortitude of having run an honest campaign without breaking any laws of this City,' County, State or Country. Divided the City will suffer the loss of Mr. Fuhrman's experience as the only senior Councilman who did not quit. when the going was rough.. In that respect both Mr. Fuhrman and myself have a common motto:, namely - "Luctor Et Emergo", which means: L~trugqle and rise ~ 4. Leisure World, Seal Beach witnessed the disgraces brought upon this City, such as the American Flag being flown at half mast upside down, opposite Clubhouse 1 at Burning Tree, within sight of their Security Guards and with the knowledge of the Vice President of the Golden Rain Foundation, I I I Mr. Ed Smith, your newly elected Councilman, who was also within 100 feet of the polling booth throughout the day and encouraged flagrant violations of the Election Code. 5. College Park East witnessed what "Mob Rule" can do to a City. The night before the election, my son, Alexander was assaulted by an adult in violation of Section 240 and 242 of the California Penal Code. Public property was defaced on behalf of the other candidate, "The Attorney", who was well aware of the Laws of this City - See City Ordinance 451. Finally, I would like to take this opportunity to echo the words of the late General Douglas MacArthur when he had to vacate the Island of Corrigedor - namely: "I, Petrus J. Roelofs shall return". I request that this letter be read to the public at this Council Meeting, as I shall be present." s/s Petrus J. Roelofs COMMUNICATION - JIM BENTSON - RE ORDINANCE NUMBERS 834 and 835 It was the order of the Chair with consent of Countil to receive and file Jim Bentson's letter to the Attorney General regarding Ordinances 834 and 835. SIDEWALKS - LAMPSON AVENUE I Smith moved that funds be ~udgeted to construct sidewalks along Lampson Avenue. Discussion followed on the subject. The communication from the College Park Homeowners Association and the engineering cost estimate of the sidewalks was received. Smith withdrew his motion. Holden moved, second by Smith that the City Manager bring to the next meeting an amended budget item for the construction of sidewalks along Lampson Avenue. AYES: Baum, Hogard, Holden. Sales, Smith NOES: None Motion carried NOTICE - BOAT ANCHORAGE - U.S. COAST GUARD I The public notice from the U.S. Coast Guard pertaining to boat anchorage at entrance channel to Alamitos Bay was received. Margaret Klein, 1211 Marlin spoke against anchorage at this entrance. It was the order of the Chair with consent of Council that the City Manager direct a letter to the Coast Guard supporting their stand for a non-anchorage area at the entrance to Alamitos Bay. 4- ]~-71 , PzaOG 4-19-71 4~ l COMMUNICATION - GAMBLING Holden moved, second by Baum that the City Manager prepare a similar Resolution as that of the Orange County Chiefs and Sheriffs Association opposing the expansion of gambling , in California. AYES: NOES: Baum, Hogard, Holden, Sales, Smith I None Motion carried MEMORANDUM - GUMGROVE PARK ~EASE It was the order of the Chair with consent of Council to receive and file the memorandum from the City Manager regarding acquisition of portion of Electric Avenue Right-of-Way and lease of Gumgrove area for park purposes. COMMUNICATION - SENATE BILL #333 It was the order of the Chair with consent of Council to receive and file the Fire Chiefs of Orange County Resolution opposing Senate Bill #333. ORAL COMMUNICATIONS The Mayor stated that this was the time for oral communications. Conway J. Fuhrman, 132 Harvard Lane, spoke regarding the hiring of Mr. Watson as City Attorney. Petrus J. Roelofs, Ironwood Avenue, spoke regarding his term of service to the City. Beverly Casares, 401 Coastline, spoke regarding recall. Tom McKnew, Candleberrry Avenue, spoke concerning public hearings before the State Highway Commission and indicated that personal contact would be desirable. Mrs. Olshausen spoke concerning the May 1st rally. Jay Covington asked if there would be a Legal Session concerning negotiations for parks. John Bender, 216 - 16th Street directed his remark to Mr. Hogard. Julie Dorr spoke regarding the review of Ordinances 834 and 835. Tom Brady spoke regarding attorney fees. There I were no other oral communications. Oral communications were I closed. EXECUTIVE LEGAL SESSION Baum moved, second by Holden to amend the agenda to include an Executive Legal Session. 4-19-71 I 5-3-71 '~fil8 AYES: Baum, Hogard, Holden, Sales. Smith NOES: None Motion carried The Council recessed to Legal Session at 11:00 p.m. and reconvened at 11:42 p.m. I RESOLUTION NUMBER 1981 - EMINENT DOMAIN - PARK - COLLEGE PARK EAST . Resolution Number 1981 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR A PUBLIC IMPROVEMENT AND WORKS CONSISTING OF A PUBLIC PARK AND IMPROVEMENTS THEREON AND THE ACQUISITION OF CERTAIN REAL PROPERTY THEREFOR BY EMINENT DOMAIN PROCEEDINGS." Smith moved, second by Hogard to adopt Resolution Number 1981. AYES: Baum, Hogard, Holden, Sales, Smith NOES: None Motion carried ADJOURNMENT Holden moved, second by Hogard to adjourn the meeting at I 11 :45 p.m. AYES: Baum, Hogard. Holden, Sales, Smith NOES: None Motion carried Beach Approved: fh<WP~-~ S;4~" ~l~ y Cler ATTEST: I Seal Beach, California May 3, 1971 The City Council of the City of Seal Beach met in regular session at 8:00 p.m. with Mayor Baum presiding. The meeting was called to order with the Salute to the Flag.