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HomeMy WebLinkAboutCC Min 1987-12-07 11-16-87 / 12-7-87 CITY COUNCIL ITEMS Councilman Clift announced that the past Saturday he had the privilege of witnessing the planting of sixty-three large trees at the community park in the College Park East area accomplished through an Eagle Scout project, those trees obtained through donations of various sources, and commended the efforts of the Troop to beautify this Park. Mr. Clift stated a plaque would be forthcoming in the future in recognition of everyone who in some manner has participated in the development and improvements to the College Park. Councilmember Risner noted that the Super Committee Report I on Transportation will again be considered at the next Orange County League meeting, and moved to support the amendments presented to the Super Committee Report. Councilman Clift seconded the motion. Councilman Hunt affirmed his position in opposition to the report due to the financing approach of the recommendations through sales tax rather than gas tax. Discussion continued. AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried ORAL COMMUNICATIONS There were no Oral Communications from the audience. CLOSED SESSION No Closed Session was held. ADJOURNMENT By unanimous consent of the Council, the meeting was adjourned at l2:l5 a.m. and ex-of io City Council of the I Approved: Attest: Seal Beach, California December 7, 1987 The City Cquncil of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Hunt, Risner Absent: Councilmember Grgas Councilman Grgas arrived at 7:10 p.m. Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Service Mrs. Yeo, City Clerk I 12-7-87 WAIVER OF FULL READING Clift moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Councilman Grgas arrived at 7:10 p.m. I PRESENTATION - UNITED WAY SAND CASTLE CONTEST - 1987 Ms. Joyce Fruhlinger, United Way, expressed appreciation to the City and residents for the cooperation and support that was afforded to and resulted in the success of the 1987 Sand Castle Event. Ms. Fruhlinger presented a commemorative flag, souvenir programs, and a photograph of completed castles to the City on behalf of United Way, the organizers, and the Sand Castle Committee. Mr. Trollin, volunteer 1987 Event Chairman, commended various City departments for their assistance in coordinating the event. Stating that the first time event in the City had been a learning process, he advised that several issues will need to be resolved for future events and include traffic, signage, scheduling, communication with the community, etc., taking into consideration a number of suggestions that have been received and those that may come forth at the public workshop. The City Manager advised that the January 12th meeting will be noticed to the general public with special notice to the property owners and residents in the vicinity of the event. In response to Council, Mr. Trollin confirmed that the 1988 event is proposed to be of size approximate to the 1987 event as opposed to the individual competition events held in the past. The City Manager noted that in the future, events taking place on the beach and in the central downtown area will be more closely monitored to insure that there will be an adequate length of time between activities, also that more public input will be sought. PROCLAMATION Mayor Wilson proclaimed December l4, 1987 through January 2, 1988 as "Red Ribbon Season." CLOSED SESSION The City Attorney advised the Council would meet in Closed Session to discuss pending litigation under Government Code Section 54956.9(b) and (c). By unanimous consent, the Council adjourned to Closed Session at 7:23 p.m. and reconvened at 7:33 p.m. with Mayor Wilson calling the meeting to order. The City Attorney stated the Council had discussed matters as previously reported. I CONTINUED PUBLIC HEARING - ZONING TEXT AMENDMENT 6-87 - CONDOMINIUM CONVERSION REGULATIONS Mayor Wilson declared the continued public hearing open to consider Zoning Text Amendment 6-87, establishing regulations for condominium conversions. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented a brief review of the staff report presented at the November 16th meeting, and recommended approval of ZTA 6-87. Mr. Knight stated he did not feel the Zoning Text Amendment would have any effect on the Leisure World community since 12-7-87 it is presently a stock cooperative with the most recently constructed units being condominiums, the only effect would be if at some point in time the stock cooperative status were to cease and another form of ownership established. Mayor Wilson invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Howard McCurdy, 1320 Mayfield Road, stated that after review of the Ordinance proposed, he did not feel it would apply to Leisure World as individual ownership presently exists rather than rental I units, and spoke in support of the intent of the Ordinance. There being no other communications, Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER 1261 - ESTABLISHING ZONING REGULATIONS - CONDOMINIUM CONVERSIONS Ordinance Number 1261 was presented to Council for first reading entitle "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING ZONING REGULATIONS FOR THE CONVERSION OF EXISTING APARTMENTS INTO CONDOMINIUMS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading of Ordinance Number 1261 was waived. The City Attorney recommended that Section ncn of the Ordinance be amended for clarification to read "...but excluding density.n Councilmember Risner requested that Section C-l and C-2 be further clarified with regard to density to read n...square feet of land per dwelling unitn so not to be confused with square feet of the unit. Councilman Hunt stated that although the Ordinance may not specifically apply to the Leisure World community at the present time, he would request that an exemption be included since it can not be foreseen what may be proposed in that community in the future. The City Attorney suggested that a provision could be added at the end of the Ordinance, designated as Section D-6-e, nExemption", to read "The I provisions of this Section shall not apply to that certain area of the City located within District Number Two commonly known as Leisure World.n Hunt moved, second by Wilson, to approve the introduction of Ordinance Number 1261 as amended to include Section D-6-e and amendments to Section C as previously stated. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PUBLIC HEARING - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR FOURTEEN Mayor Wilson declared the public hearing open to consider participation in the Housing/Community Development Block Grant Program, Year Fourteen. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report and recommendations of the Citizens Participation Committee to submit the following projects to be considered for funding: 11 renovation of Zoeter School softball field including reconstruction of bleachers, handicapped access, replacement I of perimeter fencing and back stock, and construction of dugouts~ 2) Electric Avenue alley reconstruction between 10th and 15th Streets~ 31 sidewalk reconstruction~ and 41 pier groin repairs. There being no communications from the audience, Mayor Wilson declared the public hearing closed. RESOLUTION NUMBER 3742 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR FOURTEEN 12-7-87 I Resolution Number 3742 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE COUNTY OF ORANGE FOR YEAR XIV.n By unanimous consent, full reading of Resolution Number 3742 was waived. Councilman Grgas stated he wished to add one project to the priority list, and moved that $50,000 be requested for first phase improvements to Seal Beach Boulevard in accordance with the adopted Improvement Plan. Councilman Clift seconded the motion. I Councilman Grgas noted his request was an effort to insure that proposed improvements will not be overlooked and that efforts will continue to seek funding. Councilman Hunt stated he felt that the project proposed should be considered in conjunction with the other priority projects through due process. Mr. Grgas stated that Seal Beach Boulevard would be added as a fifth project, and although chances of funding this year may be slight, he felt it should be included in the event increased H/CD funds may become available in the future. In response to the Council, the Director stated that Seal Beach Boulevard was included in projects presented to the Committee, that the staff generally recommends no more than four or five projects be presented for consideration since the chance of funding would be very small. He advised that $50,000 is currently available, from a previous year, to commence some improvements to the Boulevard. Mr. Knight acknowledged that there would be some validity in keeping the project on the priority list in regard to funding considerations in future years. He reported the average annual H/CD allocation to the City in recent years has been $200,000, usually divided between the highest priority projects. He confirmed that the Committee prioritized only those projects reported. Councilmember Risner reported complaints regarding the appearance of Bolsa Avenue where the asphalt areas were patched with tar subsequent to the removal and replacement of the street trees, and asked if improvements to that area could be a project for consideration. Discussion continued. The Director clarified that funding for public improvement projects must be related to the target area which is essentially south of Pacific Coast Highway. He advised that a project description for Seal Beach Boulevard, with minor amendments, is available for submittal to the County for H/CD consideration if desired, however suggested that should the Council desire specific projects be considered by the Committee in the future, that they be submitted to staff several months in advance. The Director confirmed that approved funding for a specific project can be held and accumulated over a number of years. vote on the motion to include Seal Beach Boulevard as priority project number five: AYES: NOES: Clift, Grgas, Wilson Hunt, Risner Motion carried I Grgas moved, second by Hunt, to adopt Resolution Number 3742 as amended. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 12-7-87 ORDINANCE NUMBER 1255 and ORDINANCE NUMBER 1262 - NONCONFORMING DISASTER CLAUSE Ordinance Number 1255 was presented to Council entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE ZONING REGULATIONS PERTAINING TO THE RECONSTRUCTION OF DAMAGED OR DESTROYED NONCONFORMING BUILDINGS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number l255 was waived. The City Attorney advised that the changes adopted by motions of the Council at the last meeting this item was considered were incorporated in the proposed Ordinance, subsequently this matter had been referred to the Planning Commission for their consideration and report. The Development Services Director reported the Planning Commission concurred with the Council recommendations regarding lot area and the provision to adopt special mitigation measures in the event of a widespread emergency with regard to reconstruction of nonconforming units, also that the Commission made a further recommendation to add the word ncoveredn for clarification to Section B-l-a and B-2-a to read "standard, open and accessible covered parking spacen, advising that staff would support that recommendation. Councilmember Risner recommended a change to Section B-1 to require an administrative review rather than a minor plan review, since the criteria for approval is specifically set forth in the Ordinance, and secondly, change B-2 from requiring a Conditional Use Permit process to a minor plan review. The Director acknowledged that such amendment would expedite the process in the case of minor plan reviews, however explained that the goal of the Planning Commission was to insure that there was notification to surrounding property owners in the event of reconstruction of a nonconforming use, noting that a minor plan review would require notice within one hundred feet as opposed to three hundred feet. Councilmember Risner moved to amend Section B-1 to read "nonconforming residential buildings may be reconstructed pursuant to administrative plan review by the Director of Development Services...n and to amend Section B-2 to read nnonconforming residential buildings may be reconstructed pursuant to a Consent Calendar plan review by the Planning Commission...", and further, that all reference thereafter in the Ordinance to Conditional Use Permit process refer 'to Consent Calendar plan review. Mayor Wilson seconded the motion. Councilman Grgas indicated some reservation with the amendments, stating his preference for Planning Commission consideration unless such reconstruction was for multiple dwellings due to a widespread instance of disaster which could warrant special disposition at that time. Discussion continued. AYES: NOES: Hunt, Risner, Wilson Clift, Grgas Motion carried Councilmember Risner moved to revise the language of Section D to make reference to an nadministrative reviewn rather than "investigation." Councilman Clift seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Councilmember Risner referred to Section C-l and the potential for reduction of square footage up to fifty percent of non-residential nonconforming buildings, noting that in the event of a major disaster an individual's business and residence could be damaged or destroyed thus I I I 12-7-87 causing substantial financial impact, and requested that consideration be given to a reduction of that percentage. Discussion continued. Risner moved, second by Hunt, to amend Section C-l to read nIn no case shall the square footage be reduced by more than twenty-five percent.n AYES: NOES: Clift, Hunt, Risner, Wilson Grgas Motion carried I With regard to the new Section F of the Ordinance, the City Attorney explained that the provisions of the Government Code that provided for the reassessment of properties that were damaged in a casualty and could not be rebuilt due to new zoning restrictions was a pre-Proposition 13 provision, afterwhich the method for assessment of property changed. He advised that with regard to the proposed Ordinance there was a need to update the method of how an assessment would be determined, also to add a provision in the event the County adopted superceding provisions which would apply to reassessment. He reported that the language contained in the Ordinance was discussed with and acceptable to the County Counsel's office. Mr. Stepanicich explained that Section F allows a property owner to seek reassessment of a property in the case where reconstruction is required to be at a lesser level of improvement, therefore the assessment reflective of the reconstructed value. He noted that Section F is a safeguard for the protection of the property owner, that the City is required to adopt such procedure by Ordinance, and that the language set forth is in compliance with changes in State law as the result of Proposition 13. It was noted that Section B-3-a of Ordinances 1255 and 1262 would be corrected to read nhabitable area.n I Risner moved, second by Wilson, to approve first reading of Ordinance Number 1255 as amended and corrected. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1262 - NONCONFORMING DISASTER CLAUSE - URGENCY Ordinance Number 1262 was presented to Council entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE ZONING REGULATIONS PERTAINING TO THE RECONSTRUCTION OF DAMAGED OR DESTROYED NONCONFORMING BUILDINGS, AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, AND DECLARING THE URGENCY THEREOF.n By unanimous consent, full reading of Ordinance Number 1262 was waived. Risner moved, second by Hunt, to adopt Ordinance Number l262 as amended and corrected. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1258 - AMENDED HELLMAN SPECIFIC PLAN Ordinance Number 1258 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, ADOPTING THE AMENDED HELLMAN SPECIFIC PLAN.n By unanimous consent, full reading of Ordinance Number 1258 was waived. Under Section III.3 - 29(b) of the Additions to the Amended Specific Plan, relating to night lighting, the word nconfern was corrected to read nconfine.n Clift moved, second by Hunt, to adopt Ordinance Number 1258 as corrected. AYES: Clift, Grgas, Hunt, Risner, Wilson 12-7-87 NOES: None Motion carried ORDINANCE NUMBER l260 - PLANNING COMMISSION TERMS Ordinance Number 1260 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH LIMITING THE NUMBER OF CONSECUTIVE TERMS FOR PLANNING COMMISSIONERS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading of Ordinance Number 1260 was waived. The City Attorney explained that, as an example under the proposed Ordinance, if a Planning Commissioner were in a third term, the I Commissioner would be allowed to finish the current term however could not be reappointed since two consecutive terms would have been served, and in the case of a Commissioner serving a short term, that individual could serve two additional full consecutive four year terms. Councilman Clift noted his opposition to this proposal, stating that in the case of the appointee to the District Four seat on the Planning Commission who will have completed two consecutive four year terms on July 1st, 1988 and with the instance of a new Council representative from that District, this proposal would restrict the Councilperson from appointing the Commissioner of his choice. Mr. Clift stated his desire that the Ordinance be modified so that those persons currently serving on the Commission are exempted from this proposal. Discussion followed. The City Attorney advised that if the Council desired, language could be added that would allow one additional four year term for those presently serving on the Planning Commission, whether or not they have served two or more consecutive terms in the past. Staff recommended against consideration of a two year term extension which would disrupt the long established sequence of terms. Councilman Grgas voiced his feeling that the experience of appointees, particularly those on the Planning Commission, is a valuable asset to the City, and that a Councilmember should have the opportunity to appoint an I individual considered to be the most qualified, noting also that the City Charter provides Council the means of removing an appointee from a Board or Commission. Risner moved, sescond by Hunt, to approve the introduction of Ordinance Number 1260 and that it be passed to second reading. AYES: NOES: Hunt, Risner, Wilson Clift, Grgas Motion carried RESOLUTION NUMBER 3743 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - COOPERATION AGREEMENT - YEARS XIV. XV. XVI Resolution Number 3743 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE.n By unanimous consent, full reading of Resolution Number 3743 was waived. Risner moved, second by Clift, to adopt Resolution Number 3743 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER l263 - REGULATING WHEELED DEVICES - I SHOPPING AREAS Ordinance Number 1263 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING WHEELED DEVICES IN SHOPPING AREAS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH.n By unanimous consent, full reading of Ordinance Number 1263 was waived. The City Manager explained that the proposed Ordinance expands 12-7-87 regulations that currently exist on Main Street and Ocean Avenue between 8th and 10th Streets to the public right of way within the Rossmoor Center and would provide for the extension of skateboard regulations within any commercial zone if the area is properly posted by the property owner and enforcement requested. Wilson moved, second by Hunt, to approve the introduction of Ordinance Number 1263 and that it be passed to second reading. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1264 - REPLICA FIREARMS - URGENCY Ordinance Number 1264 was presented to Council entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THREATS WITH REPLICA FIREARMS, AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, AND DECLARING THE URGENCY THEREOF.n By unanimous consent, full reading of Ordinance Number 1264 was waived. The City Manager advised that with the enactment of State legislation that will become effective January lst, Ordinance 1264 will be interim until that date. Risner moved, second by Clift, to adopt Ordinance Number 1264 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION. NUMBER 3744 -.COMPLETION ~ BEACH SAND.. REPLENISHMENT - PROJECT NUMBER 596 Resolution Number 3744 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL.OF THE. CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #596, BEACH SAND REPLENISHMENT IN ACCORDANCE WITH. A CONTRACT. ENTERED. INTO BETWEEN CHALLENGE ENGINEERING, INC., AND THE CITY OF SEAL BEACH. n By unanimous consent, full reading of Resolution Number 3744 was waived. Grgas moved,. second by Hunt, to adopt Resolution Number 3744 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson. None Motion carried By unanimous consent, the. Mayor declared a recess at 8:53 p.m. The Council reconvened at 9:01 p.m. with Mayor Wilson calling the meeting to order.. Mayor Wilson announced that the Christmas parade, scheduled for December 4th and cancelled due to inclement weather, has been rescheduled for Friday,. December 11th at 7:00 p.m. . I ORDINANCE NUMBER 1265 - CALLING PRIMARY MUNICIPAL ELECTION / SPECIAL MUNICIPAL ELECTION.~ MARCH 29. 1988 The City Clerk presented the staff report relating to the call of the regular Primary Municipal Election to be held March 29, 1988. for. members of the. City Council from Councilmanic Districts.Two and Four and for City Clerk. The City Clerk also presented the Certificate of Examination of the Seal Beach Preservation. and: Open Spaces Initiative,. deemed.certified to be. sufficient to meet. the. ten percent requirement of the California Elections Code,. the Council having. the option of:adopting the_Initiative without. change or by Ordinance Number 1265, call a Special Municipal Election to be consolidated with the Primary. Election for March. 29th. The.City Clerk re~iewed.the.documents presented for consideration and actions required relating to the conduct of the election. The City Clerk reported receipt of communications from Paulette M. Smith and Dave Smith, 4488 Candleberry Avenue, requesting Council adoption of the Initiative as submitted. 12-7-87 Grgas moved, second by Hunt, to allow public comments on this item. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Mr. Larry Peters, 211 Ocean Avenue, stated that given the number of signatures submitted in support of the Initiative, he would request that the Initiative Ordinance be adopted as submitted. Mr. Duane Mahlen, Rossmoor, asked for adoption of the Initiative without prolonging this issue until the March election. Mr. Howard McCurdy, 1320 Mayfield Road, made reference to the power vested in the voting community and the right to elect representatives to exercise such powers, and stated his preference to be governed by elected officials responsible to the people rather than self- appointed persons responsible to no one. He stated it would be his preference to request the Initiative group to withdraw the petition, and expressed his confidence in the ultimate decisions that may be forthcoming from the City with regard to future developments, that the eucalyptus tree forests will not be lost, and that other issues of the Initiative will be resolved in the best interest of the entire citizenry. He spoke in opposition to accepting the Initiative Ordinance as presented, therefore stated it would be appropriate that it be submitted to a vote of the people. Mr. Norm Shutzberger, 228 - 13th Street, stated he felt the Initiative was ill conceived legislation, while proposing to bring power to the people, doing the opposite, freezing the community in the past while permitting those with overbuilt and often deplorable properties to profit at the expense of the community, the interests of a few attempting to abolish representative government and suspend the rights of the citizens to determine the direction of their community through the elected process. Mr. Shutzberger strongly urged opposition to the proposed Initiative. Mr. Terry Sullivan, 123 - 2nd Street, stated he felt that the force behind the Initiative is the owners of rental property with the desire to have more control over rebuilding and expansion of their properties. He stated he did not feel the interest of the community would be served by the Initiative and that it should be rejected. Ms. Del Clark, 3351 Yellowtail, Rossmoor, recalled her appearance before the Council at the time the Bixby Park was being considered, requesting reduction of the height of the buildings proposed. She stated that more recently she has listened to discussions relating to the Hellman development, concern with constituent desires, saving eucalyptus trees, and retaining views, where Rossmoor neighbors now look onto a concrete fence and building. She noted that the two communities are neighbors, coexist, and are interdependent, and although the Rossmoor community does not have a vote they do have a voice to be heard. Ms. Clark stated decisions of Seal Beach impact the environment of the Rossmoor community and asked that if the Initiative Ordinance is not adopted as presented, that the people be allowed to speak through their vote and that the Council refrain from using the power of their office to defeat the Initiative. Mr. Brent Matthews, 218 - 8th Street, Treasurer of SPRING, requested that the Initiative be read and analyzed in detail, stating that many of the issues of the Ordinance address intensification of use, retaining what currently exists, and stated he hoped that the Initiative would not be viewed as a tenant/landlord issue as it was not conceived with that in mind. Members of the Council commented briefly as to remarks made, as well as to specific points of the Initiative. I I I 12-7-87 In response to Council, the City Attorney advised that upon notification that the Initiative had qualified to be placed upon the ballot, an initial review of the Ordinance has identified potential legal questions and problems raised by the language of the proposed Ordinance, however reported that no detailed review has been initiated to date. I Risner moved, second by Hunt, to direct the City Attorney to conduct a complete review of the Initiative proposed, including any legal ramifications associated thereto, and that the review be provided to the Council at the earliest possible date. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Councilman Clift moved to direct the City staff to prepare an administrative analysis of the proposed Initiative, including the steps that would be necessary to implement same. Councilman Grgas seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Grgas moved, second by Risner, to adopt Ordinance Number 1265 entitled nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 29, 1988, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH AND FURTHER CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION CONSOLIDATED THEREWITH.n By unanimous consent, full reading of Ordinance Number l265 was waived. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3745 - REQUESTING COUNTY SERVICES - PRIMARY MUNICIPAL ELECTION - MARCH 29. 1988 Resolution Number 3745 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION AND A SPECIAL MUNICIPAL ELECTION CONSOLIDATED THEREWITH, TO BE HELD IN THE CITY ON TUESDAY, MARCH 29, 1988.n By unanimous consent, full reading of Resolution Number 3745 was waived. Risner moved, second by Hunt, to adopt Resolution Number 3745 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3746 - CANDIDATE STATEMENT REGULATIONS - PRIMARY MUNICIPAL ELECTION - MARCH 29. 1988 Resolution Number 3746 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 29, 1988.n By unanimous consent, full reading of Resolution Number 3746 was waived. Clift moved, second by Risner, to adopt Resolution Number 3746 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 12-7-87 RESOLUTION NUMBER 3747 - AUTHORIZING ARGUMENTS - PRIMARY MUNICIPAL ELECTION - MARCH 29. 1988 Resolution Number 3747 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING AN INITIATIVE MEASURE.n By unanimous consent, full reading of Resolution Number 3747 was waived. Hunt moved, second by Wilson, to adopt Resolution Number 3747 as amended to include the names of all members of the City Council. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3748 - REBUTTAL ARGUMENTS - PRIMARY MUNICIPAL ELECTION - MARCH 29. 1988 Resolution Number 3748 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.n By unanimous consent, full reading of Resolution Number 3748 was waived. Hunt moved, second by Clift, to adopt Resolution Number 3748 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3749 - ORDERING CANVASS - PRIMARY/SPECIAL MUNICIPAL ELECTION - MARCH 29. 1988 Resolution Number 3749 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE PRIMARY MUNICIPAL ELECTION AND THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 29, 1988, BE MADE BY THE CITY CLERK.n By unanimous consent, full reading of Resolution Number 3749 was waived. Grgas moved, second by Hunt, to adopt I Resolution Number 3749 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS nSn THROUGH nZn In response to a question of Council regarding Item nZ", the City Manager advised that the existing wooden bleacher seats at Zoeter are proposed to be replaced with seats of metal construction with a wood constructed bleacher framework. Risner moved, second by Hunt, to approve the recommended action for the items on the Consent Calendar as presented. S. Approved the minutes of the regular adjourned meeting of October 27, 1987. l T. Approved the minutes of the regular meeting of November 2, 1987. U. Approved regular demands numbered 68072 through 68265 in the amount of $737,028.03, payroll demands numbered 27908 through 28080 in the amount of $168,Ol3.92, and payroll demands numbered 2808l through 28250 in the amount of $165,613.37 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. I V. Denied the claim for damages of Frank Gonzales and Teresa Gonzales, et aI, and referred same to the City's insurance adjuster. 12-7-87 W. Denied the claim for damages of Diana Marie Duncan and referred same to the City's insurance adjuster. I X. Received and filed the annual financial statement for the City of Seal Beach prepared by Diehl, Evans & Company, certified public accountants. Y. Approved the specifications for an emergency generator for the Water Department and authorized the City Manager to advertise for bids. Z. Approved the plans and specifications for refurbishment of the Zoeter School bleachers and ballfield, Project Number 584, and authorized the City Manager to advertise for bids. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried REPORT - RECREATION VEHICLE STORAGE Clift moved, second by Grgas, to receive and file the report from the Assistant City Manager advising that the City had received no proposals for the construction and operation of a recreation vehicle storage area adjacent to the City Yard. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS I proiect Area Committee Councilman Grgas requested that the District One appointment to the Project Area Committee be held over to next meeting. Citizens participation Committee Councilman Clift moved to appoint Mrs. Eulalee Siler to the Citizens participation Committee representing District Four for the unexpired term ending July, 1988. Councilman Grgas seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Mayor Wilson moved to appoint Ms. Jean Kluga to the Citizens Participation Committee representing District Two for the unexpired term ending July, 1988. Councilman Clift seconded the motion. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I GARAGE CONVERSION POLICY Councilmember Risner noted that since the residential development of the Marina Hill area there have been certain garages that have been utilized for living space, however not living units, that some of those garages were originally used as sales offices and never converted back to garage use. She asked that the Council consider establishing a policy, possibly an interim informal policy, whereby at the time of sale the garage use would be reinstated. Councilman Grgas spoke in support of the request, noting that such policy would allow the present owner continued use of the living space until sale of the property, therefore lessening any related hardship. The Development Services Director reported there are presently five such Code enforcement 12-7-87 concerns, two properties have converted the family room use back to the intended garage use, that the staff has met with the remaining three property owners and that there have been discussions of resolving the problem through a variance or conditional use permit process, having an amortization period or expiration date attached thereto. He noted some time would be required to initiate and adopt a Zoning Text Amendment to establish a formal policy regarding this issue, and offered that any processing fees required of the property owner for cases currently under consideration could be waived upon direction of the Council. The City Attorney I recommended that the current process be allowed to continue, stating that the staff recognizes the hardship that could be realized in the specific cases where the present use has existed over a period of time, also that it appears possible that an acceptable agreement may be reached in these particular cases to provide for correction of the problem at the time the property is sold, without setting a precedent for future cases. Councilmember Risner stated her desire to waive any fees that may be required of the property owners in the cases currently under consideration. The City Attorney recommended that the Council refer this matter to the staff for further review of the process and request a report with regard to a long term solution of the problem. CITY MANAGER COMPENSATION Councilman Hunt referred to the Council committee report, submitted to the Council at a previous meeting, recommending that the City Manager's compensation be established at five percent above the highest paid department head or $5867 per month, base pay, exclusive of any benefits, to be used in the calculations. Clift moved, second by Grgas, to approve the recommended compensation of the City Manager. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I DECEMBER 21st CITY COUNCIL MEETING It was the consensus of the Council to hold the December 21st City Council meeting as regularly scheduled. Wilson moved, second by Clift, to close City Hall at 1:00 p.m. on Christmas Eve. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CITY COUNCIL ITEMS Mayor Wilson reported she has received a number of requests that the City Council consider adoption of smoking regulations, and asked that the City Attorney be requested to draft an ordinance for consideration. Noting the variety of smoking ordinances that have recently been adopted, the City Attorney suggested that a report be prepared initially setting forth the various degrees of smoking regulations that the Council may wish to consider. Wilson moved, second by Clift, to request such report of the City Attorney. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Councilmember Risner referred to regulations established in recent years governing satellite dish antenna with an amortization period of two years. She noted that in a number of cases the antenna was installed prior to adoption of the regulations and now, with the expiration of the two year period, residents will be required to either remove or replace their antenna causing considerable expense. Councilmember Risner requested Council consideration of l2~7-87 / l2-2~-87 removing the amortization period for such satellite dish antenna, noting however that new installations would be required to meet Code. Council referred this matter to the staff for report. I Councilman Grgas requested that the Public Works Department investigate if the phasing of the traffic signal at Pacific Coast Highway and l2th Street could be improved. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION There was no further Closed Session held. ADJOURNMENT Grgas moved, second by Wilson, to adjourn the meeting at 10:18 p.m. AYES: Clift, Grgas, Hunt, Risner,' Wilson NOES: None Motion carried and ex-off' ~o clerk of the City Council I Attest: ~IJ)~'~~ '" Mayor \ ?JJJ 1 Clerk Approved: Seal Beach, California December 21, 1987 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mrs. Yeo, City Clerk I WAIVER OF FULL READING Clift moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution.