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Home My WebLink AboutCC Min 1944-07-20 ~ r. . ~ Seal Beach, California, July, 20, 1944. The City Council of the City of Seal Beach met in regular session and was called to order my Mayor Ashman with salute to the Flag. ROLL CALL: Present Mayor Ashman Councilmen, Reed, Shouler, Gauntner' Jaeckel Absent, None. The Minutes of regular meeting of July 6th and Special Meeting of July~ll~ere read and approved. COMMUNICATIONS: I Letter from Associated Ohamber's of Oommerce announ- cing date of their next regular monthly dinner meeting. Letter of W. W. Brunick stating that alterations on their building were completed and O. K. By the Building inspect- Housing or and asking return of their bond deposit. Moved by Reed to instruct the City Treasurer to so do, seconded by Gauntner. Bond AYES: ~~t ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None Nons Motion carried Letter of Dr. Homer E. DeSadeleer, President of the Seal Beach Chamber of Commerce, askin~ that the City lend finan- .1 cial support. Moved by Gauntner to receive and file and hold C of C over until next regular meeting, seconded by Jaeckel. AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motion carried Letter of J. P. Butler, Preeident Boy'S Club, stating_ the Club's profit for Sunday July, 16th was ~69. and thanking Club the Council for their friendly consideration of the Club. Motion by Reed,. seconded by Gauntner to recelve and file. Motion carried Boy's Car~lvl Letter of J. P. Butler, President Boy'S Club stati~g the Martin United Shows had the week of August7~~en and ask- ing permission of the Council for the Boy'S Club to sponsor show. Motion by Gauntner, seconded by Jaeckel that permit be granted, license fee waived in lieau of the $250. guaranteed by the Show's management to the Boy'S Club and the show be placed under strict subervision of the Police Department, and that the City Attorney be directed to incorporate in the new Ordinance repealing Ordi- nance 268, a special clause waiving the thirty day requirement I Boy'S before said license becomes affective. AYES: NOES: ABSEN'l': 1:)7 Shouler, Gauntner, Jaeckel, Ashman Reed None Motion carried Letter of. O. W. Shepherd announcing that Mr Sperry Knighton was elected Chie~ of the Fire Department, for the ensu- ing year. Councilman Gauntner moved that appointment be approved, seconded by Jaeckel. Fire ,.hief AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motion carried Letter from Department of Motor Vehicle acknowledging receipt of certified copy of Census returns. Filed on Mayor's motion It was moved by Oouncilman Gauntner, seconded by Jaeckel, that the Norton Subdivision map, a part Qf Tract 698, be approved. Tract 69.8 AYES: NOES: ABSENT: Reed, Shouler, ~auntner, Jaeckel, Ashman None None Motion carried Ordinance No. 289 was introduced. Motion by Gauntner, seconded by Shouler that Ordinance No. 289 be deemed as having had its first reading. I AYES: NOES: ABSElqT : Reed, None None Shouler, Gauntner, Jaeckel, Ashman Motion carried Ordinance No. 290 wae introduced. Motion by Gauntner, seconded by Shouler that Ordinance No. 290 be deemed as having had its first reading. AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None CITY OFFIOERS REPORTS: Motion carried . Report of Oity Treasurer and Oity Clerk for the month of June were read. Moved by Gauntner, seconded by Reed that the reports be approved and filed. I AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Aehman None None Motion carried Attorney Williams read lease agreement between the City of Seal Beach and Boy'& Club. Motion by Shouler, seconded by Jaeckel Lease authorizing the Mayor to execute lease on behalf of the City. Pier AYES: , NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motlon CE.rried 1~8 It was moved by Shouler, seconded by Reed to have ten minutes recess, everyone was agreeable. After the recess Ordinance ~o. 291, was introduc~d, an Ordinance repealing Ordinance No. 268, it was moved by Gauntner, seconded by Jaedkel that Ordinance No. 291, be deemed as having had its first reading. AYES: NOES: ABSENT: Shouler, Gauntner, Jaeckel, Ashman Reed None I Motion carried Tax City Assessor C. A. Miller read list of tax deeds for which City taxes remain unpaid for five (5) years, they are as follows, Lot 41 and 43, Block 107, Bay City Tract. Lot 26, Block 209 Bay View Tract. One and fifty sixth hundreth acres (1:56) Lot one (1) Traot 979. It was motioned by Shouler, seconded by Reed that the City accept the deeds. Deeds AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motion carried All Committee appointments were satisfactory to all members of the Council. I Dry It was moved by Councilman Jaeckel that an ordinance be drawn prohlbiting the dumping of dry grass, weeds and other forms of debris anywhere but in alleys back of the lots where it may be esily gathered up by the crews manning City trucks, Grass Weeds seconded by Gauntner. AYES: NOES: ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motion carried It was moved by Shouler that Dr. Ashman be removed, Ashman seconded by Jaeokel. Mayor Ashman stated motion out of order Started and refused to put to a vote. Out Leg'l City Attorney Williams renders legal opinion that the Mayor can be removed by majority vote of members of the council, Attorney Williams further states that in opinion of Attorney Gen- I Op'n eral and Legal Department of California Cities and his opinion is the Mayor oan be removed at any time by a majority vote of the Clty Counoil. City Attorney Williams suggests temporary chairman be Temp appointed to call for vote of the Council on motion. Chm'n Mayor Ashman objects, that he has heard no resigina- tion and that permanent chairman is in the chair. ~. -...... .. ~ ~ It is moved by Oouncilman Shouler to appoint Council- man Gauntner Temporary Chairman, seconded by Jaeckel. AYES: _ cReed, :Sliou;J.er:; :Gauntiler:, .Jaeckel NOES: None NOT VOTING: Ashman ABSENT: None .1 . Motion carried Mayor Ashman Questions that when office not vacant how can you appoint another member to office. It was maved by Shouler that Ashman be removed as Mayor, Ashman objected to the proceedure declaring that the office of Mayor at no time has been vacant. It was again moved by Shouler, seconded by Jaeckel that Ashman be removed as Mayor. AYES: NOES: NOT VOTING: ABSENT: Reed, Shouler, Gauntner, Jaeckel None Ashman None Motion carried I Ashman objected that temporary Chairman had no auth- ority to act. Ashman read from Robert's Rules of Order, Page 192, nIt is a general rule that no. one can vote on a question in which he has a direct personal or pecuniary interestn. Discussion of Mrs. Reed's resigination arose, Ashman stating that at that time we were a legal Council of three. Reading further on Page 169, "Votes cannot be resinded after something has been done as a result of that vote". Page 201, "No motion is in order that conflicts with the laws of the Nation, or State, or with the assembly'S constitution or by-laws, and if such a motion is adopted, even by a majority vote, it is null and void. It is moved by Shouler, seconded by Jaeckel, that W. D. Gauntner be appointed as Mayor. .1 AYES: NOES: NOT VOTING: ABSENT: Reed, Shouler, Gauntner, Jaeckel None Ashman None Motion carried Objection by Ashman, that new Mayor not justified and therefore no power to act as such. ACCOUNTS AND~BILLS Demands numbering from 95 to 144 inclusive were read, it was moved by Reed, seconded by Shouler that demands as read be approved and warrants be drawn on the Treasury for same, . '.... . 'J AYES: NOES: . ABSENT: Reed, Shouler, Gauntner, Jaeckel, Ashman None None Motion carried Councilman Ashman askes the Council's permission to read a letter. The letter is as follows. "SEAL BEACH JULY 11 194!.j. "HONORABLE CITY COUNCIL.- "DEAR COUNCIL.- "IT IS WI!!'H A FEELING OF REGRET THAT I TAKE THE LIBERTY OF INFORMING YOU THAT I CAN NO LONGER ACT IN THE CAPACITY AS MAYOR OF SEAL BEACH. PRESSING DEMANDS OF MY TIME IN THE WAR EFFORT NECESSITATE SUCH ACTION. IN SUB~ITTING MY RESIGINATION FROM THE CITY COUNCIL I HAVE THE ASSURANCE THAT OUR PRESENT COUNCIL ARE WELL QUALIFIED TO CONDUCT THE AFFAIRS OF THE CITY. I "MAyOR..,. .~, .\4. .~~P1W:tl..... It was moved by Councilwoman Reed, seconded by Shouler ( Signed) that resigination be accepted. AYES: NOES: ABSENT: Reed, Shouler, Jaeckel, Gauntner None None Motion carried I It was moved by Councilman Shouler, seconded by Reed that meeting be adjourned to 9:30 A. M., Tuesday July 25th 1944. AYES: NOI8: ABSENT: Reed, Shouler, Jaeckel, Gauntner None None Motion carried ~?f~& jCity Clerk and Ex-Offici VClerk of the City Council Approved OvRJ~ Mayor I ATTEST: