Loading...
HomeMy WebLinkAboutCC Min 1984-10-22 10-8-84 / 10-22-84 I involved with the preschool and day care operations a statement was made that they would be included in any proposal made by the Zoeter School Cultural Center Non- profit Group regarding lease the facilities, that he had not spoken on behalf of the City. Mr. Sweeney asked if a date has been established for submittal of plans by the Cultural Group for the Zoeter site. The City Manager responded that nothing definite was forthcoming to his knowledge. There were no other oral communications; Mayor Brownell declared oral communications closed. CLOSED SESSION The City Manager reported the Closed Session was no longer necessary. ADJOURNMENT Wilson moved, at 10:45 p.m. AYES: NOES: second by Risner, to adjourn the meeting Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Approved: ~-' f', i , ~'..v ~..I' J.... _..rJ~.e _ Mayor / Attest: '/1--1 , . , ' . Seal Beach, California October 22, 1984 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brownell Councilmembers Clift, Grgas, Risner, Wilson Absent: None I Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Baucke, Director of Development Services Sgt. Stearns, Police Department Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Risner, 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 10-22-84 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: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - APPEAL 4-84 - SOUTHLAND CORPORATION 7-ELEVEN STORE) - 1200 PACIFIC COAST HIGHWAY Mayor Brownell declared the public hearing open to consider Appeal 4-84 to the Planning Commission's denial of Conditional Use Permit 14-84 for off-sale beer and wine in conjunction with an existing 7-Eleven Store located at 1200 Pacific Coast Highway. The City Clerk certified that notice of public hearing was published and mailed as required by law and that no communications had been received either for or against this matter. Mr. Baucke reported that the applicant had been delayed and was not present. Grgas moved, second by Wilson, to continue the public hearing until later in the meeting pending arrival of the applicant. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3417 - BICENTENNIAL OF RANCHO LOS ALAMITOS Resolution Number 3417 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING TWO HUNDRED YEARS OF ACCOMPLISHMENT." Risner moved, second by Grgas, to adopt Resolution Number 3417 as presented. AYES: ,... . . Brownell, Clift, Grgas, Risner, Wilson NOES: . None Motion carried I RESOLUTION NUMBER 3418 - COMMENDING CAPTAIN ALFRED "AL" CHAFE - RETIREMENT Resolution Number 3418 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING CAPTAIN ALFRED "AL" CHAFE FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AND OUR COMMUNITY." Captain Chafe and his family were introduced and members of the Council extended best wishes to Captain Chafe on his retirement. Grgas moved, second by Wilson, to adopt Resolution Number 3418 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3419 - HONORING SINGER/SONGWRITER STEVE GOODMAN - PROCLAIMING STEVE GOODMAN DAY Resolution Number 3419 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING SINGER/SONGWRITER STEVE GOODMAN AND PROCLAIMING NOVEMBER 3, 1984 AS STEVE GOODMAN DAY IN SEAL BEACH." Grgas moved, second by Clift, to adopt Resolution Number 3419 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3420 - APPROVING FINAL PARCEL MAP NO. 83-1002 - JOYCE ROSS - 127 - 2nd STREET - CONDOMINIUM CONVERSION Resolution Number 3420 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH 10-22-84 APPROVING FINAL PARCEL MAP NO. 83-1002." By unanimous consent, full reading of Resolution Number 3420 was waived. Risner moved, second by Clift, to adopt Resolution Number 3420 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried I RESOLUTION NUMBER 3421 - ESTABLISHING "NO PARKING" ZONE - PORTION OF PACIFIC COAST HIGHWAY (MARINER DRIVE) Resolution Number 3421 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF PACIFIC COAST HIGHWAY IN SEAL BEACH." By unanimous consent, full reading of Resolution Number 3421 was waived. Clift moved, second by Wilson, to adopt Resolution Number 3421 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3422 - UNITED STATES NAVAL WEAPONS STATION - FORTIETH ANNIVERSARY Resolution Number 3422 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING THE UNITED STATES NAVAL WEAPONS STATION ON ITS FORTIETH ANNIVERSARY." Risner moved, second by Clift, to adopt Resolution Number 3422 as presented. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "G" THROUGH "I" Clift moved, second by Wilson, to approve items on the Consent Calendar as presented. G. Approved the minutes of the regular City Council meeting of October 8, 1984. H. Approved regular demands numbered 53874 through 54056 in the amount of $138,855.04, and payroll demands numbered 10800 through 10960 in the amount of $122,555.26 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. I. Authorized the construction of a berm, consistent with equipment and manpower resources, and authorized preparation of a report addressing long-term needs, drainage, groin maintenance and other related beach issues, as recommended by the Moffatt and Nichol report relating to storm damage. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONTINUED PUBLIC HEARING - APPEAL 4-84 - SOUTHLAND CORPORATION (7-ELEVEN STORE) - 1200 PACIFIC COAST HIGHWAY Mayor Brownell declared the continued public hearing open. The Director of Development Services presented the staff report and explained that the applicant is appealing the Planning Commission's denial of Conditional Use Permit 14-84, a request for off-sale beer and wine in conjunction with an existing convenience store. Mr. Baucke reported that the Planning Commission denied the C.U.P. for the 10-22-84 following reasons: I) that the 7-Eleven Store is within 100 feet of residents opposing the sale of beer and wine; 2) that the Zoeter School playground is still used by children and such alcohol sales create public concerns for safety; and 3) the final disposal of the School is unknown at this time. The Director reported a number of discussions relating to the rules and procedures of the State Alcoholic Beverage Control Board, particularly Rule I 61.3, the two factors of review being 1) High Crime - when reported crimes such as warrant arrests, drunk driving, petty thefts, etc. for that reporting district exceed the citywide average for reported crimes by twenty percent or greater; and 2) Overconcentration - when the number of that type of license in the census tract exceeds the County average number of licenses per population. He stated that the ABC has explained that Rule 61.3 requires that if both of the areas are met, a detailed investigation is made and the applicant must show public convenience and/or necessity, then a determination is made to approve or deny the application based on whether the application has been found to be for public convenience and/or necessity, which then becomes a judgement decision of the ABC on a case-by-case basis. He noted that the ABC has stated that this criteria is not specifically established as a quota device or designed to establish limits within a particular area, but rather is a State departmental review process which puts the burden of proof that the application provides a public convenience and/or necessity not specifically provided by other operations within one thousand feet of the applicant. The Director stated that the staff would recommend consideration of the following: l) that the school is closed and will not be put to educational use; 2) that the Police Department has no objection to the application I since the school has been closed; and 3) that the inclusion of off-sale beer and wine to the existing twenty-four hour convenience store operation is not expected to significantly impact the neighboring community, but it can be expected that there will be a possible increase of patrons prior to the 2:00 a.m. State sales hour limitation. Mr. Baucke stated that if the Council finds that the application will provide a public convenience and/or necessity not provided by other operations within 1000 feet, staff would recommend approval of Appeal 4-84 with the following conditions: I) that no video games be allowed in the store; 2) that no alcohol be sold after 12 a.m. Sunday thru Thursday and 1:00 a.m. Friday and Saturday; 3) that the Conditional Use Permit be issued to Southland Corporation and that it be non-transferable; and 4) that staff conduct a review of the permit after a period of six months. Mayor Brownell invited members of the audience wishing to speak in favor of the Appeal to come to the microphone and state their name and address for the record. Mr. Lew Corbo, Development Manager for 7-Eleven, Southland Corporation, referred to the background facts since June 1982 when the Southland Corporation initially applied for a Conditional Use Permit, and subsequent actions leading I to this appeal. He statea he felt matters of past concern have been mitigated, noting that a determination has been made and the Zoeter School is now closed, that ,the City is pursuing a lease arrangement for that property, that the Police Department indicated they were no longer as concerned since the School is closed and because of what is going to take place at the site, that the Recreation Department did not have concerns with the sale of beer and wine in the store, that crime statistics have been addressed, and that a curfew has been addressed through 10-22-84 I a condition of approval. Mr. Corbo stated that the conditions of approval are acceptable. He reported that on this date he had personally tried to reach residents and tenants in the area immediately adjacent to the store to determine their feelings regarding the addition of beer and wine, and of those persons he spoke with, no objection was raised, additionally that a petition had been signed by numerous persons in support of the additional products. Mr. Corbo stated that the right to sell alcoholic beverages is a privilege, closely guarded, and requested Council consideration of the issuance of the permit. Mr. Roger Grover, 7-Eleven franchisee, 1200 Pacific Coast Highway, stated he has been at the location for over a year, and concurred with the previous statements. He stated his knowledge of several neighbors that would like the sale of beer and wine added to the store, and reported requests of twenty to thirty other customers per day. Mr. Grover stated there have been no problems or instances of crime since he has been at the location, that 7-Eleven is no different from any other type of store, and further, that it will surely mean an increase in business at this location. Mr. Van Tarver, 4380 Elder, referred to ABC Rule 61.3, their procedure for investigation and public protest, noted that Southland appears to have resolved previous concerns and have agreed to the conditions proposed, stated his familiarity with the sale of alcoholic beverages, and asked if Southland was being penalized in some way for previous violation of the rules by others. I Mayor Brownell invited members of the audience wishing to speak in opposition to the Appeal to come to the microphone and state their name and address for the record. Mr. Rodney Johnson, III 1 Electric, six year resident/homeowner, expressed his concern with traffic on 12th Street utilized by children visiting the beach in the summer and students going to and from school in the winter, also with respect to parents transporting children to and from the presently existing preschool at the Zoeter site. As a teacher, he expressed his knowledge of young people requesting adults to purchase alcoholic beverages for them, also referred to the number of existing liquor stores in the general locale of his residence. Rita Flint, 210 - 13th Street, spoke in opposition to granting the license, citing the existing number of liquor stores, the 7-Eleven location and increased traffic congestion, also, that she understood the Southland Corporation will sell lottery tickets if the proposition passes, which will again increase traffic. Nancy Kredell, l615 Seal Way, referred to crime statistics she had obtained in 1978 from the City of Long Beach relating to four similar type stores, voiced her objection to this type of store in Seal Beach, referred to the potential for increased police problems, referred to the Planning commission denial of the CUP, and stated the City does not need additional beer and wine outlets. Dale Heatherington, 1109 Seal Way, Los Angeles pOlice officer, referred to problems in Los Angeles relating to liquor stores, and suggested that the Council should be aware of problems that could occur in the future if the liquor license is allowed. Mr. Jim Gilkerson, 1011 Electric Avenue, referred to his letter to the Council of October 15th citing crime rate statistics based on the census tract, which he stated is the way the ABC develops their crime rate figures, that the crime rate in the downtown area constitutes 59.3 percent of the total for Seal Beach and that at present, there are two to two and one-half times more liquor stores than the ABC quota, and recommended that the Council stop the expansion of liquor stores. Mr. John Kanapka, 1885 McKinney I 10-22-84 way, referred to the five separate divisions of the City, stated COllege Park West, College Park East nor Leisure World have a place for beer and wine, and suggested that if too many liquor stores exist in a particular area, they be located in the areas he mentioned. There were no other communications; Mayor Brownell declared the pUblic hearing closed. RESOLUTION NUMBER 3416 - APPROVING APPEAL A-4-84 - SOUTHLAND I CORPORATION (7-ELEVEN) - 1200 PACIFIC COAST HIGHWAY Resolution Number 3416 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING APPEAL A-4-84 FILED ON THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 14-84." By unanimous consent, full reading of Resolution Number 3416 was waived. Councilmember Risner referred to the October 18 memorandum from the Chief of Police which stated in part that "Seal Beach is a low crime area overall, annually ranked as among the safest three cities of all communities in Orange County", noting that the downtown area is the basic business district of the City hence more of this type of activity, not only liquor stores but restaurants as well, and inquired as to the existing number of liquor stores. Mr. Baucke stated a report from the Finance Director indicated there are eight liquor stores, which includes Safeway and Skaggs, and reviewed the formula used by the ABC in determining the number of such operations in a particular area. Councilman Grgas referred to a petition in support of the CUP request which contained two hundred sixty-six Seal Beach signatures, the majority of those from the Old Town area out of a total of three hundred twenty-five signatures, and inquired as to the I date of the petition and the time frame of obtaining the signatures. Mr. Baucke responded that the petition is approximately one year old and that the applicant had stated the signatures were gathered in two weeks. He also explained the ABC's method of calculating crime figures for a census tract in which the application is located, and with regard to traffic impact, he stated an ABC license is categorically exempt from the environmental impact requirements of CEQA. A member of the audience, Mr. Heatherington, responded to Councilman Grgas that 7-Eleven does not have a higher crime rate than other outlets, that from his experience 7-Eleven tries to do a good jOb, sometimes using security devices where needed, and that they have a good reputation. Mr. Corbo also responded to Mr. Grgas that the store located on westminster Avenue near Bolsa does sell beer and wine, operates on a twenty-four hour basis, and stated he could not respond to crime statistics for a particular store, that their calculations were based upon all Orange County stores and that there was no correlation between the stores that did and did not sell beer and wine, also confirmed that the Seal Beach store is open on a twenty-four hour basis. Councilman Grgas reported concerns mentioned to him regarding young persons spending a great deal of time at the 7-Eleven location and the possibility of obtaining alcoholic beverages through an adult, stating he wished I some assurance could be made that such violations would not occur. He spoke in support of the six month review and requested close observation of the operation by the city staff and Police Department if the CUP is granted to insure that the conditions are met and if violations occur, the Council is made aware of same. Mr. Corbo reiterated that if the privilege is granted it will be duly respected, stating that not only the City but the ABC will be monitoring the operation, that safeguards are placed on the sale of alcoholic beverages, that no small 10-22-84 I containers are stocked, that at the hour alcohol sales are to cease the area in which beer and wine are stored is securely locked, and noted that the franchisee is fully aware of the impact of any violation or complaint. Councilman Grgas pointed out that should the Zoeter site be designated for commercial use, it is possible that a retail operation at that location may also request the sale of beer and wine, additionally he requested that the franchisee make every effort to control the incidence of litter. Discussion continued regarding the procedure for review of the Conditional Use Permit at the end of the six month period and extension thereof. The City Attorney revised the wording of Condition 4 to read as follows: "That the term of this permit shall be for six (6) months, after which time the Planning Commission can extend the permit for another six (6) month period of time provided that all conditions of approval have been satisfied and no serious police problems have occurred. At the end of the second six (6) month period of time, the Planning Commission may extend the permit indefinitely provided that all conditions of approval have been satisfied and no significant police problems have occurred." Grgas moved, second by Clift, to approve Resolution Number 3416 with conditions, as amended. AYES: NOES: ABSENT: Brownell, Clift, Grgas, Risner, wilson None None Motion carried I It was the order of the Chair, with consent of the Council, to recess the meeting at 8:23 p.m. The meeting reconvened at 8:38 p.m. with Mayor Brownell calling the meeting to order. REPORT - REFERENDUM - ORDINANCE NUMBER ll70 - CITY OF SEAL BEACH BIXBY OLD RANCH BUSINESS PARK SPECIFIC PLAN The City Clerk reported that pursuant to Council action of October 8th relating to Ordinance Number 1170, the Seal Beach Bixby Old Ranch Business Park Specific Plan and referendum thereto, the following options were available for Council consideration: 1) repeal Ordinance Number 1170 in its entirety; 2) call a Special Election; or 3) postpone the order of an election until a later date. The Clerk stated that should the Council choose to call an election, the appropriate documents had been provided for Council action, and further, recommended that January 29, 1985 be considered as the earliest reasonable election date, and estimated the cost of a Special Election to be $20,000, and an extra $1,OOO for each additional measure placed on the ballot. I Lengthy discussion followed with members of the Council expressing their views regarding various matters. Councilman Clift quoted a statement from the previous meeting relating to a suggested elimination of the thirty-five foot height restriction with reference made to possible replacement of obsolete Leisure World buildings with high-rise in the future, and comments made relating to low income housing as an alternative for development of the Bixby site. Mr. Clift expressed his objection to placing anything except the Bixby issue on a special election ballot, particularly an advisory question relating to the development area or height variance of the hotel complex proposed for the Department of Water and Power site. Councilmember Risner stated that comments referred to relative to low income housing had been misunderstood, and spoke in support of placing advisory measures on a special election ballot. 10-22-84 Councilman Grgas directed comments to a proposed DWP advisory measure and urged that it not be placed on the ballot due to the status of current negotiations for that project. As a point of clarification, Councilmember wilson explained that she had previously made a statement to the Council that the only conversation she was aware of regarding high- rise in Leisure World was made by an individual at a luncheon who stated he would like to tear down all offices in Leisure World and build one nine-story high-rise, which she said she understood not to be a serious statement. She stated that at a later date a Golden Rain officer had commented to her that eventually Leisure World would want high-rise, a statement to which she expressed surprise. Additionally, Mrs. Wilson reiterated that persons she has spoken with that signed the petition thought they were only supporting placing the Bixby issue on the ballot, not in opposition to the project. Councilman Clift moved to repeal Ordinance Number 1170 in its entirety. Councilman Grgas seconded the motion. Council discussed allowing members of the audience to again speak to this issue, and it was determined by majority consensus that fifteen minutes be allowed for presentation of opposing viewpoints from the audience. John Follis, 4372 Elder, asked the reasons for Councilmembers support of the Bixby Plan, and objected to placing other measures on the ballot and expenditure of funds to do so. Frank Laszlo, 4480 Candleberry Avenue, reported procedures followed while gathering petition signatures, and stated those persons signing the petition were opposed to the project, were not signing to place the issue on the ballot. Mitzi Morton, 153 - 13th Street, suggested a ballot measure setting the maximum development height at thirty-five feet and not allowing Specific Plans to take precedence. Fran Levy, 4079 Birchwood Avenue, stated none of the persons who signed her petitions did so to place the issue on the ballot, that they signed in opposition to the height, and stated her objection to limiting public comments. Robert Cook, 441 Central Avenue, made reference to the belief that some members of the Golden Rain Foundation Board may favor high rise development in that community in the future, noting that it would then be in their interest to have the Bixby height variance pass. Jay Covington, 4260 Dogwood Avenue, pointed out that the sales tax generated to the City from the 1980 approved development Plan would far exceed revenue generated from the Specific Plan proposed development. Tom White, 127 - 12th Street, President of the Seal Beach Homeowners Group, reported ninety-six percent of their membership polled supported repeal of Ordinance Number 1170. Barbara Lukinovich, 701 Marvista, expressed her objection to negative comments directed to members of the Council, and spoke in support of placing other questions on the ballot. John Broaddus, 13620 Alderwood Lane, Vice- President of the Golden Rain Board, expressed his amazement at comments relating to supposed high-rise within Leisure World, and noted that there has not nor will there be any item on their agenda relating to Bixby or high-rise. He stated that rumor of future high-rise originated with a comment by a resident of that community during a birthday party. Howard McCurdy, 13922 El Dorado, also directed his comments to remarks made relating to high-rise in Leisure World, and clarified that during informal discussions between members of the Board of Directors, comments have been made that in approximately eighteen years when the mortgages are paid, the life of the buildings will be nearly extinct and it will be necessary to build something in their place, the only thing feasible and economical would be to build I I I 10-22-84 high-rise. Rose Berg, 13681 St. Andrews Drive, stated her feeling that Leisure World residents who signed the petition were not properly informed as to what they were signing, that it is incorrect to think Leisure World wants high-rise, and expressed her support for the Bixby project. I Councilman Grgas stated he was not convinced that approval of the height variance for this project will not set a precedent, and expressed his concern that should it be granted the downtown area, at some time in the future, could ultimately be forced into higher density, revenue generating projects. He spoke to the right of citizens to the referendum process, noted that once the development commences it is irreversible, and referred to the comparison of property tax versus sales tax revenue to the City over the life of the project as a valid concern. Councilmember Risner noted the extensive review that has taken place for this project, referred to the height variance which, under a Specific Plan would not set a precedent for other areas of the City, stating that a Specific Plan allows tradeoffs for the height variance such as the fourteen percent land coverage, also noting that concerns for loss of privacy expressed by Rossmoor residents have been mitigated through the reduction of building height or relocation of the buildings toward the freeway, a block wall and dense landscaping. with regard to traffic, Mrs. Risner also stated those concerns have been mitigated with the addition of the 7th Street connector, widening of Seal Beach Boulevard at the project area, and traffic signal improvements, therefore traffic conditions would be improved. Mrs. Risner spoke to liability concerns which have previously been addressed by the City Attorney, and safety factors relating to the Reserve Center to which the Attorney General's office said there were no objections to the Bixby project. Mrs. Risner expressed her views that the project will be of substantial benefit to the entire City from an economic standpoint, spOke in support of the rights of property owners to the extent that it does not harm another, and stated her feeling that the project is superior to the plan approved in 1980. She expressed her regret that the issue appears to be divisive, stated her hope that the voters will examine the issues carefully and express their views at the polls. Councilmember Wilson stated she has voiced her opinion regarding the project in the past, and inquired as to the definition of high-rise. Mr. Baucke explained that a high-rise building is six stories or greater according to the Uniform Fire Code, that the subject buildings are considered mid-rise. Mrs. Wilson reiterated that approval of the height limitation for this property does not mean a similar variance would be approved for another area. She stated that the impression has been given that she was accommodating the wishes of the Golden Rain Foundation by voting in favor of the height variance, which she declared was untrue, that her support of the project was her own decision based upon the studies and information relating to this partiCUlar project. Mayor Brownell also referred to the extensive studies relating to the project, considered to be reputable authority, and from that information and evaluation of concerns expressed, he based his decision regarding this project, not to any interest of Leisure World. He reported, however, numerous discussions with Leisure World residents regarding the project, with only one person indicating that the project should not be approved, others expressing their feeling that it was a productive use of the land, and expressed his feeling.that the project will generate needed revenue to the City. Councilman Clift expressed his feeling as I I 10-22-84 to apparent dismissal of concerns regarding Accident Potential Zones and traffic relative to the Bixby project, stated he felt there was no lessening of the accident potential by the statement of the Attorney General's office, and stated his knowledge that the Commanding Office of the A.F.R.C. as the best qualified person who could have spoken to safety of aircraft operations at the Center. He commented on revenue that could be forthcoming to the I City through another development or the 1980 plan versus the Specific Plan, stated that the referenced fourteen percent land coverage does not include the paved areas and if taken into consideration would equate to nearly , . the same as the 1980 plan, and further, expressed h1s disbelief that traffic will be improved or congestion reduced. Vote on the motion to repeal Ordinance Number 1170: AYES: NOES: Clift, Grgas Brownell, Risner, Wilson Motion failed SPECIAL MUNICIPAL ELECTION Wilson moved, second by Risner, to call a Special Municipal Election. AYES: NOES: Brownell, Clift, Risner, Wilson Grgas Motion carried Clift moved, second by Grgas, to establish the date of the Special Election for Tuesday, January 29, 1985. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Clift moved, second by Grgas, that no additional ballot measures be included on the Special Election ballot. AYES: NOES: Clift, Grgas Brownell, Risner, Wilson Motion failed Grgas moved, second by Clift, to not place a question on the ballot relating to the Department of Water and Power site development. Discussion followed. AYES: NOES: ABSTAIN: Brownell, Clift, Grgas, Wilson None Risner Motion carried Risner moved, second by Clift, to submit an advisory ballot question to read: "Would you object to the widening of Pacific coast Highway to six (6) lanes through the City of Seal Beach?" AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried In response to a member of the audience, the City Attorney stated he would have some concern with placing a question on the ballot relating to limitation of on-site and off- site sale of beer and wine, since the ABC controls the issuance of those licenses. I It was the order of the Chair with consent of the Council to declare a brief recess at 10:54 p.m.; the meeting reconvened at 11:08 p.m. with Mayor Brownell calling the meeting to order. lO-22-84 I ORDINANCE NUMBER 1167 - CALLING SPECIAL MUNICIPAL ELECTION - JANUARY 29, 1985 With the addition of an advisory measure, the City Attorney recommended that the Ordinance be amended by adding a new Section 3 to accommodate the Council's action, and that the subsequent Sections be renumbered accordingly. The City Clerk read the proposed wording of Section 3 as follows: "Furthermore, the City Council of the City of Seal Beach is hereby ordering that the following Advisory Measure be submitted to the voters at the aforesaid Special Municipal Election as provided by California Elections Code Section 5353: Would you object to the widening of Pacific Coast Highway to six (6) lanes through the City of Seal Beach." It was the unanimous consensus of the Council that the entire text of Ordinance Number 1170, in lieu of a synopsis, be printed in the sample ballot pamphlet. By unanimous consent, full reading of Ordinance Number 1167 was waived. Wilson moved, second by Clift, to adopt Ordinance Number 1167 as amended 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 TO BE HELD IN SAID CITY ON TUESDAY, JANUARY 29, 1985, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE RELATING TO "CITY OF SEAL BEACH BIXBY OLD RANCH BUSINESS PARK SPECIFIC PLAN" AND AN ADVISORY MEASURE RELATING TO "THE WIDENING OF PACIFIC COAST HIGHWAY." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3423 - REQUESTING COUNTY SERVICES - SPECIAL MUNICIPAL ELECTION - JANUARY 29, 1985 Resolution Number 3423 was presented to 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 RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JANUARY 29, 1985." By unanimous consent, full reading of Resolution Number 3423 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3423 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3424 - AUTHORIZING ARGUMENTS - SPECIAL MUNICIPAL ELECTION - JANUARY 29, 1985 The City Attorney advised, and the City Council concurred, that a synopsis be prepared for the Advisory Measure, and that no Council arguments be authorized. By unanimous consent, full reading of Resolution Number 3424 was waived. After discussion, Risner moved, second by Wilson, to adopt Resolution Number 3424 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 A CITY MEASURE" as amended by authorizing Oscar Brownell, Joyce Risner and Edna Wilson to submit a written argument in favor of the measure relating to Ordinance Number 1170. In reponse to a question from the aUdience, the City Attorney advised he would check into whether or not there is any legal requirement as to the time an organization is formed as it relates to submittal of arguments. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried 10-22-84 RESOLUTION NUMBER 3425 - REBUTTAL ARGUMENTS Resolution Number 3425 was presented to the Council entitled "A RESOLUTIO~ 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 3425 was waived. Risner moved, second by Clift, to adopt Resolution Number 3425 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3426 - CITY ATTORNEY IMPARTIAL ANALYSIS Resolution Number 3426 was presented to Council entitled "A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." By unanimous consent, full reading of Resolution Number 3426 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3426 as presented. A member of the audience asked if the impartial analysis would address the potential liability of the citizenry. The City Attorney responded that an impartial analysis is a brief statement that would address the effect on existing law, or in this case how it would change existing land use regulations for the Bixby property. Mr. Stepanicich reported that a written opinion had been prepared and submitted to the City Council and is a public record, which addressed the liability question. He stated that under existing law there are statutory immunities for legislative actions which would make the City immune from liability. He stated that the opinion also addressed the question from the standpoint of if the law were to change in the future or if the courts made a decision that limited application of that law to the immunity of a City, the question would then be whether the City acted reasonably or not, and that in addressing the facts that the City Council had considered in making this decision, it was felt that the City had established a good record, that it acted in a reasonable fashion, therefore would not be held liable in a future case. The City Attorney stated they could not provide a guarantee, nor had they said there is no chance of liability, that the opinion stated that considering existing law in California with regard to immunities there was not a serious risk of liability to the City. Mr. Stepanicich explained that in cases where a city has been involved in construction or design of public improvements or has custody or control of some public facility, the ~aws have changed substantially in the last few years as far ~s a city's 'exposure, however where a city acts in a legislative capacity and adopts an ordinance for a general plan, specific plan, zoning, etc., there are no reported cases where a city has b~en held liable, therefore this remains an area where the courts have preserved a city's immunity. Vote on adoption of Resolution 3426: AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Risner moved, second by Wilson, to appropriate $21,000 unallocated reserve funds to the Election Account. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I I 10-22-84 There was a brief discussion relating to updating the City's General Plan and establishing City guidelines for future Specific Plans. The City Attorney acknowledged that development of Specific Plan guidelines should commence in the near future. I APPOINTMENT - SEAL BEACH CABLE TELEVISION FOUNDATION Councilman Clift appointed Mr. Jay Covington to the Cable Foundation from Councilmanic District Four for the term of two years. Mayor Brownell seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Councilmember Wilson reported receipt of a letter from Leonard Wilson, Marketing Manager, and Tom Gould, President, Rossmoor Shopping Center, expressing concern regarding revitalization of other business districts, and requesting consideration of an entry sign at Bradbury Street and Seal Beach Boulevard, a cost study for landscaped medians between Bradbury and St. Cloud, and off-site directional signs to the shopping area. Mrs. Wilson reported that the letter had been answered and the request referred to the City Engineer for cost estimates and a feasibility report. Councilman Clift reported that a suggestion had been made that a group be formed to welcome the new Navy families that will be residing on the Naval Weapons Station commencing in February 1985. Mr. Clift reported he had been asked to participate on the committee. Mrs. Risner stated she too would like to be involved in this program. In response to Council, the City Manager reported that the resolution honoring Steve Goodman will be presented to his family. There were no other oral communications; Mayor Brownell declared oral communications closed. ADJOURNMENT Grgas moved, 11:40 p.m. AYES: NOES: second by Clift, to adjourn the meeting at Brownell, Clift, Grgas, Risner, Wilson None Motion carried clerk of the Clerk Beach Approved: I Attest: