HomeMy WebLinkAboutCC Min 1971-06-21
June 21, 1971
Seal 8each, California
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The City Council of the City of Seal Beach met in regular
session at 8:00 p.m. with Mayor Holden presiding. The
meeting was called to order with the Salute to the Flag.
ROLL CALL
Present: Mayor Holden
Councilmen Baum. Hogard. Sales. Smith
Absent: None
Also present: Deputy City Attorney, Fritz Keeler
City Manager. Bob Myers
Assistant City Manager, Dennis Courtemarche
City Engineer. Bill Murphy
Planning Director. Bob Neprud
APPROVAL OF MINUTES
Baum moved, second by Smith to approve the minutes of June 7,
1971 regular meeting and June 13, 1971 regular adjourned
meeting as presented.
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AYES:
NOES:
Motion carried
Baum, Hogard, Holden, Sales, Smith
None
APPROVAL OF DEMANDS
Regular demands numbered 13430 through 13588 in the amount
of $27,863.84 and payroll demands numbered 1829 through
2008 in the amount of $59.813.56 were presented as approved
by the Finance Committee. Sales moved, second by Baum that
the demands be allowed and warrants be drawn on the Treasury
for the same.
AYES: Baum, Hogard. Holden. Sales, Smith
NOES:
None
Motion carried
PRESENTATIONS
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The Mayor presented a Resolution to Stanley G. Anderson,
honoring the former Mayor and Councilman. Mr. Anderson
accepted the award.
The Mayor presented a Resolution to John B. Hamilton,
honoring the former Mayor and Councilman. Mr. Hamilton
accepted the award..
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The Mayor presented a Resolution to Mrs. Veda M. Dreis.
honoring the former Mayor ProTempore and Councilwoman.
Mrs. Dreis accepted the award.
PROCLAMATION
The Mayor proclaimed June 30, 1971 as "Anaheim Landing
Marshland Day."
PUBLIC HEARING - VARIANCE Y-9-71
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Mayor Holden opened the public hearing concerning the
appeal of J. R. Braitsch to Planning Commission decision
to deny variance from off-street parking standards (V-9-71).
The City Clerk stated that notices had been posted as
required by Ordinance Number 772 and notices mailed
pursuant to Section
of the Municipal Code.
Bob Neprud, Planning Department gave ~is report to
Council on the subject. Howard I. Smith. speaking for
the appellant requested that the appeal be granted. Earl
Lake. 119 - 6th Street. Seal Beach, Bill Lower, 120 - 6th
Street, Seal Beach and Miriam Skinner. 125 - 6th Street spoke
against granting the appeal. Howard I. Smith spoke briefly
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in rebuttal. All witnesses speaking at this hearing were
duly sworn in as to testimony given by the City Clerk.
There was no other testimony, the public hearing was declared
closed by the Mayor.
Hogard moved, second by Smith to uphold the Planning
Commission decision and deny the variance as requested. Upon
the request of Council. the Deputy City Attorney ruled that
the existing preliminary structure on the property in
question would be required to be remOved.
AYES: Baum. Hogard, Holden, Sales, Smith
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NOES:
None
Motion carried
PUBLIC HEARING - ROSSMOOR CENTER WALL
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Mayor Holden opened the public hearing concerning proposed
amendment to Ordinance Number 707 allowing an extension
of time for the construction of a wall in the Rossmoor
Center.
The City Clerk stated that notices had been mailed to the
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property owners and notices posted pursuant to Ordinance
Number 772. No communication had been received on the
subject. The City Manager gave a brief report to Council.
There were no communications from the audience. The public
hearing was declared closed by the Mayor.
ORDINANCE NUMBER 846 - ROSSMOOR CENTER WALL
Ordinance Number 846 was presented for first reading entitled
"AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING
SEAL BEACH ORDINANCE NUMBER 707 TO PERMIT A SIX YEAR EXTENSION
OF TIME." Baum moved, second by Smith to waive the first
reading of Ordinance Number 846, deem that it has had first
reading and be passed to second reading.
AYES: Baum, Hogard. Holden, Sales, Smith
NOES:
None
Motion carried
PUBLIC HEARING - AMENDING ZONING ORDINANCE - ALLEY AND STREET
INTERSECTIONS
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Mayor Holden opened the public hearing concerning proposed
amendment to Ordinance Number 628 (Zoning) which would
regulate the location of fences, walls, and shrubs at the
intersections of alleys and streets.
The City Clerk stated that notices had been posted pursuant
to Ordinance Number 772 and that no communications had been
received for or against the subject. Bob Neprud, Planning
Department, presented reports from the Staff and the Planning
Commission supporting the amendment. Councilman Hogard
requested info~tion regarding accidents attributed to
this problem. Mr. Neprud referred to Staff report. There
were no other communications. The public hearing was
declared closed by the Mayor.
ORDINANCE NUMBER 847 - ZONING REGULATIONS - ALLEY AND STREET
INTERSECTIONS
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Ordinance Number 847 was presented for first reading by
title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA,
REGULATING'THE LOCATION OF FENCES, WALLS, AND SHRUBS AT THE
INTERSECTION OF ALLEYS WITH STREETS AND ALLEYS WITH ALlEYS
IN THE CITY OF SEAL BEACH, AND AMENDING THE CODE OF THE
, : 4.:156-21-71
CITY OF SEAL BEACH. CALIFORNIA." Hogard moved to reject
Ordinance Number 847. Motion failed for need of a second.
Discussion followed regarding the regulations with members
of the Council and the Staff taking part. Smith moved,
second by Sales, to waive the first reading of Ordinance
Number 847, deem that it has had first reading and be
passed to second reading.
AYES: Baum, Holden, Sales, Smith
NOES: Hogard Motion carried
Ordinance Number 847 was given full reading as there was
not a unanimous vote. Holden moved, second by Smith to
approve Ordinance Number 847 as read, that it be passed
to second reading.
AYES: Baum. Holden, Sales. Smith
NOES: Hogard Motion carried
PUBLIC HEARING - FISCAL YEAR BUDGET 1971-72
Mayor Holden opened the public hearing concerning the
annual budget for fiscal year 1971-72. The City Clerk
stated that notices had been posted pursuant to Ordinance
Number 772. The City Manager gave a summary of operations
and costs in the proposed budget. Gordon Shanks. 215 Surf
Place. was recognized by the Chair and sworn in by the City
Clerk and questioned Section 421 of the City Charter, as
it related to the City Clerk's departmental expenses in the
proposed budget. Mr. Keeler stated that he would review
that Section of the Charter as it related to the departmental
request arid recommended that the public hearing be continued
to a later date for his opinion. Beverly Casares, 410
Coastline, was recognized by the Chair and sworn in by the
City Clerk and requested salary information of the City
Manager and Assistant City Manager. There were no other
communications from the audience. The Mayor recessed the
public hearing to Monday. June 28, 1971 at 8:00 p.m. with
consent of Council.
RESOLUTION NUMBER 1999 - CONDUCT OF COUNCIL MEETINGS
Resolution Number 1999 was read to Council entitled "A
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RESOLUTION OF THE CITY COUNCIL OF'"THE CITY OF SEAL BEACH
ESTABLISHING POLICY RELATED TO THE CONDUCT OF COUNCIL
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MEETINGS." Baum moved. second by Hogard to amend the
Resolution by substituting the word "may" for "will" in
the first sentence of Section 1. Discussion followed
with members of the audience speaking on the matter.
AYES: Baum. Hogard, Smith
NOES: Holden, Sales Motion carried
Baum moved, second by Hogard to adopt Resolution Number
1999 as amended.
AYES: Baum. Hogard, Smith
NOES: Holden, Sales Motion carried
ORDINANCE NUMBER 848 - DISSOLVING THE LAW REVISION COMMISSION
Ordinance Number 848 was presented to Council by title "AN
ORDINANCE OF THE CITY OF SEAL BEACH. CALIFORNIA DELETING
CHAPTER 10 A, ENTITLED "LAW REVISION COMMISSION," FROM THE
CODE OF THE CITY OF SEAL 8EACH, CALIFORNIA, THEREBY
AMENDING THE CODE, AND REPEALIN G ORDINANCE NO. 818 IN ITS
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ENTIRETY." Sales moved,'second by Holden to waive the first
reading of Ordinance Number 848. deem that it has had first
reading and be passed to second reading. Discussion
fol~Owed with members of the audience speaking on the matter.
AYES: Holden, Sales, Smith
NOES: Baum. Hogard Motion carried
RESOLUTION NUMBER 2000 - EXONERATING CITY TREASURER OF
CHARGES
Resolution Number 2000 was read in full entitled "A
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL 8EACH,
CALIFORNIA COMMENDING D. BARRY MORGAN FOR EXCELLENCE OF
PERFORMANCE OF HIS DUTIES AS CITY TREASURER, EXONERATING
HIM OF ALL CHARGES OF MISCONDUCT, AND REPEALING RESOLUTION
NUMBER 1921." Holden moved. secon d by Sales to adopt
Resolution Number 2000.
AYES: Holden, Sales. Smith
NOES: Baum
ABSTAIN: Hogard Motion carried
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RESOLUTION NUMBER 2001 - EXONERATING LEE RISNER OF CHARGES
Resolution Number 2001 was read in full entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
EXONERATING LEE RISNER OF ALL CHARGES OF MISCONDUCT IN THE
PERFORMANCE OF HIS DUTIES AS CITY MANAGER OF SEAL BEACH."
Sales moved, second by Holden to adopt Resolution Number
2001.
AYES: Holden, Sales, Smith
NOES: Baum. Hogard Motion carried
RESOLUTION NUMBER 2002 - HONORING LEE RISNER
Resolution Number 2002 was presented to Council entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
CALIFORNIA,'HONORING LEE RISNER FOR HIS EFFORTS AND
ACCOMPLISHMENTS AS CITY MANAGER OF SEAL BEACH." Sales moved,
second by Smith to adopt Resolution Number 2002.
AYES: Holden, Sales. Smith
NOES: Baum, Hogard Motion carried
Smith moved, second by Hogard that a Resolution commending
James Carnes for his services as City Attorney be prepared
for consfderation of this Council.
AYES: Hogard, Holden. Sales, Smith
NOES: 'Baum Motion carried
RESOLUTION NUMBER 2003 - CHARTER REVISION COMMITTEE
Resolution'Number 2003 was presented by title "A RESOLUTION
OF THE CITY COUNCIL OF SEAL BEACH. CALIFORNIA, ESTABLISHING
A CHARTER REVISION COMMITTEE AND PRESCRIBING THE DUTIES
AND POWERS THEREOF." Sa 1 es moved. second by Holden to
adopt Resolution Number 2003. deleting the last sentence
of Section 5. Discussion followed:: Upon request of
Council the City Clerk stated that news releases would
be given to the local media to fill the necessary
appointments. Mr. Hogard moved to amend the motion to '
include compensation for Committee members. The motion
failed for need of a second. Baum moved, second by Hogard
to amend the motion to delete the entire paragraph dealing
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with special meetings.
AYES: Baum, Hogard
NOES: Holden, Sales, Smith Motion failed
Baum moved, second by Hogard to table the motion.
AYES: Baum, Hogard
NOES: Holden, Sales. Smith Motion failed
The Mayor called a recess at 10:00 p.m. The Council
reconvened at 10:15 p.m.
The motion on the floor was to adopt Resolution Number
2003, deleting the last sentence of Section 5. Further
discussion followed. Hogard moved, second by Baum to
include compensation for the Committee members.
AYES: Baum. Hogard,
NOES: Holden, Sales, Smith Motion failed
Roll call on the original motion:
AYES: Baum. Hogard. Holden, Sales. Smith
NOES: None Motion carried
PROPOSAL - AUDIT SERVICES
Sales moved, second by Holden to accept the proposal from
Diehl, Evans and Company to provide the annual audit services
for the City of Seal Beach, Discussion followed.
AYES: Baum, Holden, Sales. Smith
NOES: Hogard Motion carried
CLAIM FOR PERSONAL INJURIES - JEFF ANTONE HANGS
Smith moved, second by Holden to deny the claim for personal
injuries of Jeff Antone Hangs and refer same to our insurance
carrier, claimant to be notified of Council action.
AYES: Baum, Hogard, Holden, Sales, Smith
NOES: None Motion carried
RESOlUTION NUMBER 2004 - ARTERIAL HIGHWAY MASTER PLAN
Resolution Number 2004 was presented to Council by title
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM, ADVISORY
COMMITTEE, THAT NO CHANGES HAVE BEEN MADE TO THE ARTERIAL
HIGHWAY MASTER PLAN WITHIN THE CITY OF SEAL BEACH." Discussion
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followed with members of the audience speaking on the subject
of the Highway Master Plan. The City Engineer spoke regarding
the Highway Master Plan. Holden moved. second by Sales to
adopt Resolution Number 2004.
AYES: Holden, Sales. Smith
NOES:
Baum, Hogard
Motion carried
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RESOLUTION NUMBER 2005 - ACCEPTING DEED - SEAL BEACH COUNT:RY
CLUB APARTMENTS
~esolution Number 2005 was presented entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA.
ACCEPTING FROM SEAL 8EACH COUNTRY CLUB APARTMENT, A GENERAL
PARTNERSHIP, A GRANT DEED FOR A DOMESTIC WATER SYSTEM."
Holden moved. second by Sales to adopt Resolution Number
2005.
AYES: Baum. Hogard, Holden. Sales, Smith
NOES:
Motion carried
None
AWARD OF BID - POWER VACUUM SWEEPER
Bids for the power vacuum sweeper were opened at 2:00 p.m.
,
on June 2. 1971 by the City Clerk as follows:
R. J. Lison Co. (Wayne Model 644) $3.832.50
Tennant Company (Tennant Model 86) 4,392.60
Sales moved, second by Smith to award the bid to R. J.
Lison Company in the amount of $3,832.50, including State
Sales Tax, that minor exceptions be waived and reject all
other bids and authorize the City Manager to execute the
contract.
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AYES: Baum. Hogard, Holden, Sales, Smith
NOES:
Motion carried
None
AGREEMENT - A.H.F.P. PROJECT 603
In response to Councils previous request, Deputy City
Attorney Keeler informed the Council that the Cities
contractual:agreements conformed with the proposed agreement.
Smith moved, second by Sales to authorize the City Manager
to execute the agreement with the County of Orange for
Project 603, 1st Street between Marina Drive and Pacific
Coast Highway. Discussion followed with members of the
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audience apeaking on the matter. Councilman Baum stated
for the record that he was opposed to the Project but
would vote for it to uphold the Cities contractual agreements.
AYES: Baum, Holden, Sales. Smith
NOES: Hogard Motion carried
B!9UEST - PURCHASE OF FIRE TRUCK
Smith moved. second by Hogard to approve the specifications
and authorize the City Manager to invote bids for purchase
of fire apparatus, 1500 GPM Fire Truck.
AYES: 8aum, Hogard, Holden. Sales, Smith
NOES: None Motion carried
AGENDA AMENDED
By unanimous consent of the Council the agenda was amended
to include a request from Old Ranch Country Club for fireworks
display. The City Manager stated that the request met the
requirements of the Uniform Fire Code and our Fire Department.
Sales moved. second by Smith to permit the fireworks display
at the Old Ranch Country Club as requested.
AYES: Baum, Hogard. Holden, Sales, Smith
NOES: None Motion carried
NOTICE OF HEARING - STATE LANDS COMMISSION
Notice of hearing from the State Lands Commission pertaining
to 011 well drilling on Esther Island was received by Council.
Smith moved, second by Holden that the City Council go on
record to oppose further drilling on Esther Island. Mr. Hogard
suggested that a thre-man Committee go to Sacramento,.to the
hearing and that Julio Dorr. Jim Dunn and Tom Barnes be
named to that Committee. Discussion followed. J. D. Bertino.
attorney, and Mr. Garrett from Standard Oil were present to
answer any questions that the Council may have. Mr. Willard,
State Lands Commission, spoke regarding local safety inspections.
Members of the audience spoke on the matter. Roll call.on
the motion:
AYES: Baum. Hogard. Holden, Sales. Smith
NOES: None Motion carried
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Sales moved, second by Holden that Councilman Smith attend
the public hearing in Sacramento with either the City Manager
or a member of his Staff.
AYES: Holden. Hogard, Sales
NOES: Baum
ABSTAIN: Smith
Motion carried
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COMMUNICATION - CITY OF INGLEWOOD
Communication from the City of Inglewood was received and
filed by order of the Chair concerning basketball contest.
NAVAL AIR STATION - LOS ALAMITOS
It was the order of the Chair with consent of Council to
receive and file the letters from the Orange County Grand
Jury and City of Los Alamitos relative to the Naval Air
Station.
COMMUNICATION - S. C. A. G.
It was the order of the Chair to receive and file the letter
from Southern California Association of Governments regarding
committee membership.
LEGISLATION - NATURAL RESOURCES AND WILD LIFE
It was the order of the Chair to receive and file the letter
from the Senate Committee on natural resources and wild life
concerning proposals before the Legislature on land use on
coastal zone, as previous action had been taken by this
Council.
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~QUEST - BLOCK PARTY
Holden,moved, second by Sales to grant permission to Diana
James, 117 - 14th Street, for a block party on July 17.
limited the hours from 6:00 p.m. to midnight, with the
stipulation that the City Manager negotiate regarding noise
fac tor. Miss James presented a list of the citizens agreeing
to the block party and filed same with the City Clerk.
AYES: Baum, Hogard, Holden, Sales, Smith
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NOES:
Motion carried
None
COMMUNICATION REGARDING GOLF HAZARD ON LAMPSON AVENUE
It was the order of the Chair to receive and file the
communication from Catherine Killer regarding hazard on
Lampson Avenue at the Old Ranch Golf Course. The City
Manager was directed to communicate with the Old Ranch
Club on this matter.
RECYCLING CENTER
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Sales moved, second by Holden that the Environmental
Quality Control Board direct their attention to the
problems at the Recycling Center at the Safeway Shopping
Center and referred the letter from Mr. and Mrs. Oxenrider
to the E.Q.C.B. Discussion followed.
AYES: Baum. Hogard. Holden, Sales, Smith
NOES:
None
Motion carried
COMMUNICATION FROM MR. CLOR
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It was the order of the Chair with consent of Council to
receive and file the communication from Aloysius J. Clor
regarding low-flying helicopter.
ORAL COMMUNICATIONS
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The Mayor declared Oral Communications open. Geraldine
West, 1201 Electric Avenue. requested information regarding
water polo practice at the local pool in Seal Beach. Daniel
M. Troup, 1404 Ocean Avenue spoke regarding a report he had
sent to the U. S. Attorney General. a copy of which would be
provided to the Council upon receipt of an answer.
There were no other Oral Communications. Oral Communications
were closed.
ADJOURNMENT
Hogard moved. second by Sales to adjourn to June 28, 1971 at
8:00 p.m.
AYES: Baum, Hogard, Holden, Sales, Smith
NOES:
None
Motion carried
The meeting was adjourned at midnight.
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