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HomeMy WebLinkAboutCC Min 1988-03-07 2-16-88 / 3-7-88 ADJOURNMENT By unanimous consent of the Council, the meeting was adjourned at 7:39 p.m. of the I Approved: gJ~ t.~ Mayo Attest: Seal Beach, California March 7, 1988 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Wilson calling the meeting to order. Councilmember Risner led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None I Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mr. Jue, Acting Director of Public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner 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. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Hunt, to consider proposed Resolution Number 3769 as the next item of business. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3769 - COMMENDING ROBERT KURKJIAN - EAGLE SCOUT ' Resolution Number 3769 was presented to Council and read by Mayor Wilson entitled "A RESOLUTION OF THE CITY COUNCIL OF 3-7-88 THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING ROBERT J. KURKJIAN FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." Risner moved, second by Clift, to adopt Resolution Number 3769 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PROCLAMATIONS Mayor Wilson proclaimed the month of March, 1988 as "Red Cross Month." Mayor Wilson proclaimed the week of April 18, 1988 as "Child Abuse Prevention Week." The Mayor proclaimed April 24th through May lst, 1988 as "Imagination Celebration", the Very Special Arts Festival for children. I PUBLIC HEARING - ZONING TEXT AMENDMENT 1-88 - SATELLITE DISH REGULATIONS Mayor Wilson declared the public hearing open to consider zoning Text Amendment 1-88 relating to satellite dish regulations. 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 action of the Planning Commission, explaining that the proposed Ordinance extends the amortization period for satellite dishes from two to seven years, an expiration date of June 10, 1992, addresses issues relating to the direction of a satellite dish, screening and height, and reconciles the role of a local agency and the FCC ruling that limits the discretion of a local government. There being no public comments, Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER 1266 - SATELLITE DISH REGULATIONS Ordinance Number 1266 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING SATELLITE DISH ANTENNAE AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1266 was waived. Risner moved, second by Clift, to approve the introduction of Ordinance Number 1266 and that it be passed to second reading. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PUBLIC HEARING - TENTATIVE PARCEL MAP 87-132 - CONDOMINIUM CONVERSION - 222 - 7th STREET - SHADDOX Mayor Wilson declared the public hearing open to consider Tentative Parcel Map 87-132, a request to convert three existing apartment units to condominium units. The City Clerk certified that notice of the public hearing had been advertised and mailed 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 actions of the Planning Commission, recommending approval 'SUbject to the conditions set forth in Planning Commission Resolution Number 1485. 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. Charles Antos, representing the applicant, advised that the conditions had been reviewed and were acceptable to the applicant. There being no further comments, Mayor Wilson declared the publiC hearing closed. 3-7-88 RESOLUTION NUMBER 3760 - APPROVING TENTATIVE PARCEL MAP 87-132 - CONDOMINIUM CONVERSION - 222 - 7th STREET - SHADDOX Resolution Number 3760 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP 87-132 (222 - 7th STREET).- By unanimous consent, full reading of Resolution Number 3760 was waived. Risner moved, second by Clift, to adopt Resolution Number 3760 as presented. Councilman Hunt noted that the subject property has only one water meter and in anticipation of a future change to the water billing I procedure, the Planning Commission should be made aware of such change as the number of meters would have an impact on City revenues. The Director explained that although separate water meters are preferred and are a requirement of new construction, the single meter in this case is covered under the CC & R's. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3761 - COMPLETION - SEAL BEACH BOULEVARD OVERLAY - PROJECT NUMBER 546 Resolution Number 3761 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 1546, SEAL BEACH BLVD. OVERLAY, FAU, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN THE CITY OF LOS ALAMITOS AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3761 was waived. Risner moved, second by Hunt, to adopt Resolution Number 3761 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3762 - COMPLETION - SLURRY SEAL MARINA DRIVE & ELECTRIC AVENUE - PROJECT NUMBER 590 Resolution Number 3762 was presented to Council entitled "A RESOLUTION OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 1590, SLURRY SEAL MARINA DRIVE & ELECTRIC AVENUE, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN DOUG MARTIN CONTRACTING COMPANY, INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3762 was waived. Risner moved, second by Clift, to adopt Resolution Number 3762 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3763 - COMPLETION - WESTMINSTER BOULEVARD OVERLAY - PROJECT NUMBER 566 Resolution Number 3763 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #566, WESTMINSTER BLVD. OVERLAY, PHASE II, IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN EXCEL PAVING COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3763 I was waived. Risner moved, second by Clift, to adopt Resolution Number 3763 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 3-7-88 I RESOLUTION NUMBER 3764 - DESIGNATING APPLICANT'S AGENT - FEMA Resolution Number 3764 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DESIGNATION OF APPLICANT'S AGENT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY AND REPEALING RESOLUTION NUMBER 3580." By unanimous consent, full reading of Resolution Number 3764 was waived. Hunt moved, second by Clift, to adopt Resolution Number 3764 as presented, designating Dennis H. Jue, Acting Public Works Director/City Engineer as the City's authorized agent. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3765 - APPROVING PARCEL MAP 87-131 - ZOETER SCHOOL SITE Resolution Number 3765 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP NO. 87-l31." By unanimous consent, full reading of Resolution Number 3765 was waived. The City Manager explained that the parcel map splits the 4.9 acre Zoeter School site into three parcels re~ognizing the manner in which each of the areas are being acquired, and that the map is substantially in compliance with applicable zoning regulations and the City's Subdivision Ordinance. Clift moved, second by Hunt, to adopt Resolution Number 3765 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PROPOSED ORDINANCE/RESOLUTIONS - SENSIBLE GROWTH and TRAFFIC CONTROL INITIATIVE The City Clerk presented the staff report and related documents with regard to the filing of the Sensible Growth and Traffic Control Initiative and the certification thereof, reporting that the signatures to the petition were deemed to be sufficient to meet the ten percent requirement of the Elections Code, thus allowing the City Council to adopt the initiative Ordinance without change or submit same to the voters. The City Clerk also reviewed a new section of the Elections Code which allows the legislative body to refer the proposed initiative to any city agency or agencies for a report on the impact of the initiative. Councilmember Risner expressed support for placing this Initiative on the June ballot, however also spoke in favor of requesting a report that would set forth the impacts of the Initiative, including safety services. Councilman Hunt stated that from an individual standpoint he agreed with the idealistic objectives of the Initiative, which most likely has the public's support as everyone wishes to alleviate traffic congestion and retain the quality of life for the future. He stated further that if the goals of the Initiative are to be achieved in Seal Beach it will require community unity, yet the Initiative as presented begins with a tone of divisiveness and is less than a best effort specific to the needs and conditions for Seal Beach. Mr. Hunt suggested that legislation be initiated, designed by and for Seal Beach, and that consideration be given to placing a measure on the June 7th ballot that would provide the voters with an alternative to the Sensible Growth Initiative as written, in general the question to read .shall the City of Seal Beach authorize and fund the formation of a committee to generate a sensible growth initiative configured to the particular conditions of this community" patterned after the Sensible Growth Initiative I 3-7-88 presently under consideration. He suggested further that the committee be comprised of two members appointed by the Council, two members appointed by the Sensible Growth proponents, with a fifth member selected by those members, and that this meeting be adjourned until Friday to take further action in order to meet the deadline to place the question on the June 7th ballot, with the intent that the initiative specific to Seal Beach would then be formulated and placed on the November ballot. Councilman Clift spoke in support of placing the Sensible Growth Initiative on the I June ballot as well as the alternative proposed by Mr. Hunt. Mayor Wilson stated she felt that the fiscal impact of the Initiative needed to be addressed, also that she could support Mr. Hunt's proposal. As a point of clarification, the City Attorney advised that if the Initiative under consideration received a majority vote it would become law, however if more than one measure relating to the same subject were placed on the ballot it should be clarified that the measure receiving the greatest number of votes would prevail. He added that in the case of the Initiative and the committee formation question both receiving greater than fifty percent of the vote, it is conceivable that the committee could organize, meet, and formulate amendments to the Sensible Growth Initiative to be placed on a future ballot. Mrs. Georgiana Brown, Sensible Growth Initiative committee member, responded to the Council that she felt the proponents of the Initiative would be willing to participate on a committee as proposed only if the Initiative is placed on the ballot for June. Councilmember Risner asked if the proponents would meet and review the impact report that will be requested of staff with regard to this Initiative. Mrs. Barbara Rountree, 319 - 12th Street, stated that prior to a response, the proponents would like to know what the impact I is expected to be, that they did not feel the Initiative was complicated nor would there be any significant impact on the City. The City Manager reported that upon initial review of the Initiative, which was written for Orange County and all Orange County cities, two principal impacts on the City have been identified. Given the fact that Seal Beach is a border city there are a number of items related to base line performance of traffic required by the Initiative that are out of the City's control, for instance traffic generated from outside impacts City traffic thus would prevent development that would generate revenue necessary to address those traffic problems. He stated that the base line provision of responding eighty-five percent of the time to emergencies within five minutes does not pose concern as the City currently meets that requirement, however there is concern with non-emergency response within fifteen minutes, citing the definition of non-emergencies and reference to "reasonable" response time. He noted that the City now has the lowest crime rate in the County, and currently has the goal to respond to all calls received within a watch period, pointing out that in order to meet the fifteen minute standard, increased expenditures would be necessary for public safety personnel to meet the non-emergency response requirement. Mr. Frank Laszlo, 4480 Candleberry Avenue, I expressed his support for placing the Sensible Growth Initiative on the June ballot, objected to any reference to _ a second initiative on that ballot or in November, and suggested that if problems arise with provisions of the Initiative in the future they can be addressed at a later date. Mr. Laszlo questioned the intent of the Council to request a report addressing the impact of the Initiative, adding that his advice to the committee would be to make no appointments to another initiative committee until after this Initiative is voted upon. 3-7-88 I ORDINANCE NUMBER 1270 - CALLING SPECIAL MUNICIPAL ELECTION - ORDERING CONSOLIDATION - JUNE 7. 1988 Ordinance Number 1270 was presented to Council entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 1988, FOR THE SUBMISSION OF A PROPOSED INITIATIVE ORDINANCE AND ORDERING THE CONSOLIDATION OF SUCH SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 7, 1988." By unanimous consent, full reading of Ordinance Number 1270 was waived. Risner moved, second by Hunt, to adopt Ordinance Number 1270 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Councilmember Risner moved to request that a report be prepared addressing the impacts of the Initiative as allowed by provision of the Elections Code, including the impact on safety services. Councilman Grgas noted that although the Initiative document is not considered to be complicated, its provisions may be far-reaching, and expressed his concern that the analysis be as thorough as possible. He stated he shared the concerns stated by the City Manager, and asked that the report clearly show what the impact would be if Seal Beach were the only city to pass the Initiative, giving specific attention to the impact as the result of development being approved in surrounding cities such as Long Beach, Westminster, Huntington Beach, and the Bolsa Chica development of five thousand residential units. He noted that if the Initiative were to pass there could be a negative impact on the City's ability to raise revenues to address and correct traffic problems that are the result of outside influences. Councilmember Risner agreed to include Councilman Grgas' request in the motion, and Councilman Clift seconded the motion. Ms. Juliana McCants, 421 Jade Cove Way, spoke in support of the Sensible Growth Initiative, the rights of the voter and the initiative process. Discussion continued. Councilmember Risner asked that potential conflicts between the Measure "A" Initiative and the Sensible Growth Initiative also be addressed in the forthcoming report in the event both were approved by the voters. Vote on the motion to request a report with regard to the impacts of the Sensible Growth Initiative: AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3766 - REQUESTING CONSOLIDATION - SPECIAL MUNICIPAL ELECTION - JUNE 7. 1988 Resolution Number 3766 was presented to the Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 1988, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE." By unanimous consent, full reading of Resolution Number 3766 was waived. Clift moved, second by Hunt, to adopt Resolution Number 3766 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 3-7-88 RESOLUTION NUMBER 3767 - AUTHORIZING WRITTEN ARGUMENTS Resolution Number 3767 was presented to the Council entitled "A 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." By unanimous consent, full reading of Resolution Number 3767 was waived. Discussion followed with regard to whether or not the Council wished to author an argument against the Initiative. It was the order of the Chair, with consent of the Council, to declare a recess at 8:36 p.m. The Council reconvened at 8:50 p.m. with Mayor Wilson calling the meeting to order. The City Attorney reviewed the Elections Code as it pertains to priorities for filing arguments, noting that if the Council chose to not author an argument, an individual voter, bona fide association of citizens, or combination thereof, would have the opportunity to file the argument within the time frame required by law, also that City staff would not be allowed to author the argument, nor could Mr. Laszlo be included on a Council argument until such time as he is officially seated on the Council. Discussion continued with members of the Council indicating they did not feel a position could be taken on the Initiative until such time as it's potential impact on the City is known. Although the forthcoming report would not be printed in the sample ballot pamphlet, the City Manager recommended that the report be made available to the public upon its completion. In response to the Council, the City Manager clarified that the County and the Seal Beach Sensible Growth Initiative are the same, however the impacts on County unincorporated territory versus the City of Seal Beach are very different. Wilson moved, second by Hunt, to not adopt proposed Resolution Number 3767. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RESOLUTION NUMBER 3768 - REBUTTAL ARGUMENTS Resolution Number 3768 was presented to Council entitled "A 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." By unanimous consent, full reading of Resolution Number 3768 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3768. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "P" THROUGH "W" Councilman Grgas requested that Item "P" be removed from the Consent Calendar. Risner moved, second by Clift, to approve the recommended action for items on the Consent Calendar, except Item "PO, as presented. Q. Approved the minutes of the regular meeting of February 16, 1988. R. Approved regular demands numbered 69023 through 69253 in the amount of $810,550.71, and payroll demands numbered 29310 through 29470 in the amount of $168,549.72 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. I I I 3-7-88 S. Denied the claim for damages of Nobest, Inc. and referred same to the City's insurance adjuster. I T. Declared certain City vehicles to be surplus and authorized their sale at public auction. U. Authorized the Mayor to transmit a letter to the appropriate legislators in support of Assembly Bill 480, proposing to increase fines and establish minimum fines for littering. V. Approved the lease agreements between the City of Seal Beach and the County of Orange for Seal Beach Fire Stations 44 and 48 for the period July 1, 1987 through June 30, 1992, and authorized the City Manager to execute said agreements on behalf of the City. w. Accepted the determination of the planning Commission and affirmed the parking requirements for a swim school at 345 - lOth Street as: I) one space for each employee, including the operator; 2) one space for each two students attending class at the same time; and 3) two spaces for drop-Offs. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "p" - CITY COUNCIL MINUTES Councilman Grgas stated he would abstain from voting on the February lst minutes as he was absent from that meeting. Clift moved, second by Hunt, to approve the minutes of the regular meeting of February 1, 1988 as presented. AYES: NOES: ABSTAIN: Clift, Hunt, Risner, Wilson None Grgas Motion carried ZOETER UPDATE The City Manager reported that it is anticipated that the deed for Parcel I of the Zoeter site will be received by the City the following day after which all documents will be delivered to escrow for Closing. INITIATIVE MEASURE "A" Councilmember Risner expressed displeasure with recent comments made by proponents of Initiative Measure "A" with regard to the City Attorney's impartial analysis of the Initiative. I APPOINTMENT - PROJECT AREA COMMITTEE Councilman Grgas requested that the District One appointment to the Project Area Committee be held over. CITY COUNCIL ITEMS Councilman Hunt stated he wished to again speak to his previous request that a measure be placed on the June 7th ballot that would allow the residents of Seal Beach to vote as to whether or not the City should fund, as necessary, to provide a committee that would develop a sensible growth 3-7-88 initiative specific to Seal Beach, with the assumption that the basis would be the Sensible Growth Initiative. He added that if the committee found some provisions of the Initiative not suited to Seal Beach or that could be improved upon, the committee could then modify and develop the best initiative, specific to Seal Beach, to be placed on a future ballot, and likewise if no provisions were found unacceptable the June Initiative would stand unchanged. Councilmember Risner indicated her agreement with the substance of Mr. Hunt's request which would provide for effective interaction and exchange of points of view with the public, however pointed out that the Councfl has the authority to establish a committee at their discretion without placing the question on the ballot. Councilman Clift stated it may be advisable to establish a committee after the June election, to include the proponents of the Initiative, to resolve any negative impacts that may be foreseeable. Councilman Hunt clarified that his only intent was to develop the best legislation possible to the benefit of Seal Beach. Councilman Hunt moved the submittal of a ballot question for the June 7th election to generally read "shall the City of Seal Beach authorize and fund the formation of a committee to generate a sensible growth initiative configured to the particular conditions of this community?" Mayor Wilson seconded the motion. Councilman Grgas stated he would abstain from voting on the motion, indicating it may not be the proper time to place such question before the voters, also suggested that the City may wish to give consideration to developing a growth management plan as has been done in a number of other cities. Mayor Wilson withdrew her second to the motion. Councilman Hunt stated he would hope his recommendation would be given consideration after the June 7th election. Mayor Wilson extended an expression of sympathy on behalf of the Council to Mr. Jim Sharp, member of the Planning Commission, on the passing of his wife. Councilman Grgas inquired as to the schedule for removal of the beach sand berm and the activation of beach cleaning equipment, and when the Zoeter School bleachers are scheduled for repair. The City Manager reported the bleacher repair would be accomplished in phases so that it would not interfere with the softball season, and the Acting City Engineer advised the sand berm is usually taken down just before Easter. I I ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Pete Arnold, l613 Seal Way, spoke at length regarding the construction of the recreational structure on the beach at the Naval Weapons Station which, he advised, blocks all view of the residents on the 1600 block of Seal Way. He reported his contacts with City staff, members of the Council, Coastal Commission, and Congressman Lungren's office which resulted in no reSOlution, also reported that the Base Commander had advised he had no authority over the I construction since the project was approved two to three years prior. Mr. Arnold requested that a designee of the Council be directed to write a letter to the Coastal Commission and the Navy, and that this matter be placed on the next Council agenda to formally take a position in opposition to this building as it currently exists. The Director of Development Services reported that in conversation with the Coastal Commission staff he was advised of their intent to make a consistency determination 3-7-88 I on this building. Mr. Knight explained that the federal government requires the State to prepare and approve a California Coastal Management Program which is primarily a Coastal Act and with that in place the Coastal Commission is able to obtain funds from the federal government. He stated that all access on the California coast must be in conformance with the Coastal Program, and requires even the federal government to have a consistency determination which must be as close as possible to the widespread environmental policy statements of the federal government. He noted however that no federal property owner is required to comply with any federal law if the mission of the agency is such that it would be disrupted by that law, thus the Naval Weapons Station could say that they do not have to comply. Mr. Knight stated that the Commission will make a consistency determination on this project and they could veto the project, which does not mean they would stop the project but they would ask, in the spirit of cooperation, that some environmental mitigation be done, they could also object to the project but propose modification to it, or the project could receive a negative determination should the Navy declare there is no negative effect on the environment. He reported that the Navy has submitted application and requested a negative determination, however the Coastal Commission does not concur with that reguest and are asking for more information, plans, etc., before making a determination with regard to visual impact, a determination that could pose some difficulty from a legal standpoint. He added that the Coastal Commission had recommended that a letter be forwarded to the Commission expressing the City's concerns regarding this project. Clift moved, second by Grgas, to amend the agenda to take action on this matter on an emergency basis, the need having arisen since the agenda was posted. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried Grgas moved, second by Risner, to authorize the City Manager to forward a letter to the Coastal Commission indicating the City's desire to have the project vetoed or if approved, with modifications that the roof be eliminated or brought down to a more reasonable level in terms of height. Councilman Clift noted that such letter would also give authority to the Base Commander to seek funds necessary to correct this situation. The motion was amended to direct that copies of said letter be forwarded to the Base Commander, the U. S. Congressman, and State representatives. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Ms. Josie Greeley" 1629 Seal Way, expressed her objection to the recreation facility being constructed and stated there is not only a visual impact on the residents of the immediate area but thousands of persons visiting and traveling in the area of Seal Beach. Mr. Gary Cannady, 1619 Seal Way, also expressed his objection to the Weapons Station project, reported his contacts with various agencies regarding the construction, and noted that after the Coastal Commission staff had stopped construction, visited the site and took photographs, the Navy proceeded to continue with the placement of the roof. Noting the direction of the Council that staff transmit the City's concerns with regard to this project to the Coastal Commission and elected representatives, Council also suggested that the residents communicate their concerns and forward photographs of the structure. 3-7-88 Mr. Bruce Stark, 204 Ocean Avenue, spoke of previous comments with regard to the community working together, preventing divisiveness, and a wave of initiatives that, he stated, were the result of inaction by elected representatives to pass legislation and protect the environment. Mr. Stark also referred to the City Attorney who, by Charter, represents the City Council and City officers, not the citizens, noting that the City Attorney prepared the purported impartial analysis of Measure "A" which is being questioned based upon the City Attorney's own I remarks from a December meeting. Councilman Grgas took exception to the comments of Mr. Stark, explaining that the City Attorney is appointed by the City Council to represent the City and the officers of the City in the affairs of City business, this City Attorney having great expertise in Municipal Law and represents a number of cities other than Seal Beach. Mr. Grgas acknowledged that the City Attorney prepared the impartial analaysis and has indicated for the record that by virtue of the analysis and California Codes he could not defend the City in the event of a lawsuit should Initiative Measure "A" be approved, the City would then be required to retain outside legal counsel for defense purposes. Councilmember Risner also expressed her objection to recent press comments with regard to the City Attorney's impartial analysis, reiterating that the City Attorney had advised that he would be unable to represent the City in the case of a legal challenge to Measure "A" due to the research and analysis that has taken place and the opinion that portions of the Initiative are invalid, illegal, and unconstitutional. Councilmember Risner voiced objection also to statements being made that she deemed to be erroneous and misleading with regard to actions of the City. Councilman Hunt added that he did not believe that the City Attorney had said he was biased as Mr. Stark claimed, however in giving the legal opinion of the Initiative, he I could not in turn defend the provisions of the Initiative. Mayor Wilson concurred with the comments regarding the City Attorney analysis, and added her displeasure with derogatory comments directed to the Council and City staff. Mr. John Schafer, 137-1/2 Dolphin, expressed his concern with the small number of cars that can proceed through the light on Seal Beach Boulevard and Pacific Coast Highway, and asked if the staff could look into the problem. Councilman Grgas noted that a phasing project at that location has been a subject of consideration. The Acting City Engineer responded that the signal timing at that location is set by Cal Trans, adding that the City's pending signal phasing project is from Westminster to the north City limits. Noting that our ancestors put forth their efforts to bring into being our type of government with officials elected to conduct the business of the citizens, Mr. Schafer stated that although there may be good points to Initiative Measure "A", other points should be looked at with caution. There being no further comments, Mayor Wilson declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT By order of meeting was the Chair, with consent adjourned at,)9-l5 p.m. of the Council, the I and ex- CJ.O clerk of the City CouncJ.l I I I 3-7-88 / 3-21-88 Approved: ~A") t,.t~;~ ~...~, dJ CJ. Y Cler I Attest: Seal Beach, California March 21, 1988 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Grgas, Hunt, Risner Absent: Councilman Clift By unanimous consent of the Council, Mr. Clift's absence from the meeting was excused. Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mrs. Yeo, City Clerk WAIVER OF FULL READING Hunt moved, second by Grgas, 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. PROCLAMATIONS Mayor Wilson proclaimed the week of April 4 through April 9, 1988 as "Week of the Disabled." The month of April, 1988 was proclaimed "Cable Television Month" by Mayor Wilson. Mayor Wilson proclaimed the month of March, 1988 as "Amnesty Month." The Mayor proclaimed the month of April, 1988 as "California Earthquake Preparedness Month." Mayor Wilson proclaimed the month of April, 1988 as "National Fair Housing Month." ORDINANCE NUMBER 1266 - SATELLITE DISH REGULATIONS Ordinance Number 1266 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING SATELLITE DISH ANTENNAE AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1266 was waived. Risner moved, second by Hunt, to adopt Ordinance Number 1266 as presented. AYES: NOES: ABSENT: Hunt, Grgas, Risner, Wilson None Clift Motion carried