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HomeMy WebLinkAboutCC Min 1971-06-21 June 21, 1971 Seal 8each, California I 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. I 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 I 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.. 6-21-Z1 1 ,~4 2 < dU36-21-71 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 I 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 . 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 I NOES: None Motion carried PUBLIC HEARING - ROSSMOOR CENTER WALL I 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 6-21-n," 4"-4 I 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 I 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 I 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 I I I 6-21-71"'!,446 RESOLUTION OF THE CITY COUNCIL OF'"THE CITY OF SEAL BEACH ESTABLISHING POLICY RELATED TO THE CONDUCT OF COUNCIL I 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 I 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 I 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 , . .11476-21-71 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 I I I 6-21-7.1 : 448 I 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 I I . r 4496-21-71 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 I 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. I 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 I 6-21-71 450 I 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 I I ~~fl -' . 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 I 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. I ~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 I 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 I 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 " 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 I 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. I t~ ~.;K-r.<(.~ ...""., ~<~" ,,""" of ..., ...,' ATTEST' ~/y,~,p~ 6-21-71 ' ""~2