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HomeMy WebLinkAboutCC Min 1999-01-11 1-5-99 / 1-11-99 to adjourn the meeting until January 11th, 1999 to meet in Closed Session if deemed necessary. consent the meeting was adjourned at 6:25 p.m. at 6:30 p.m. By unanimous I Approved: Yrdr;;;./~ ~ r (j~ Ma ort Pr Attest: Seal Beach, California January 11, 1999 -f" -' The City Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane, Yost I Absent: None vacancy: One Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Boyd moved, second by Doane, to approve the order of the agenda as presented. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the item identified on the agenda pursuant to Government Code Section 54956.9(a), existing litigation, Case Number WCAB #VN0021864, et aI, Ellison versus City of Seal Beach. By unanimous consent, the Council adjourned to Closed Session at 6:33 p.m. and reconvened at 7:04 p.m. with Mayor ProTem Campbell calling the meeting to order. The City Attorney reported that the Council had met in Closed Session to discuss the item previously identified, no action was taken. I 1-11-99 ORAL COMMUNICATIONS There were no Oral Communications. ADJOURNMENT By unanimous consent, the meeting was adjourned at 7:05 p.m. I ~M Approved: --/J o1Jt~ J; () (1 .. . . . Ma~or' ~ Poem Attest: Seal Beach, California January 11, 1999 I The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane, Yost Absent: None Vacancy: One Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Ms. Stoddard, Director of Administrative Services Chief Sellers, Police Department Mr. Badum, Director of Public Works/City Engineer Mr. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Mayor ProTem Campbell requested that Item "I" be removed from the Consent Calendar for separate consideration, and a member of the audience requested to participate in consideration of Item "A". The City Attorney advised that the public has the opportunity to speak to any agenda item or make other comments under Oral Communications. Boyd moved, second by Doane, to approve the order of the agenda as revised. 1-11-99 AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried PRESENTATION - MADD AWARD Chief Sellers introduced Mr. Bob Marlow, Law Enforcement Liaison for Mothers Against Drunk Drivers of Orange County. Mr. Marlow read a resolution commending Officer Steve Staley for the apprehension of thirty-four impaired drivers between July 1, 1997 and June 30, 1998. Mr. Marlow noted that in November of each year MADD recognizes police officers in the County with more than one hundred drunk driving arrests, in fiscal year 1997/98 in Orange County there were twenty-three such officers representing the California Highway Patrol, the cities of Santa Ana and Anaheim, and there were three who did extraordinary work in the smaller cities of Costa Mesa, Stanton, and Seal Beach. Mr. Marlow recognized Officer John Scott for having one hundred thirteen drunk driving arrests within the city limits of Seal Beach. He acknowledged these officers as heroes in the community, said they have saved persons from injury and their lives, and offered congratulations to the local officers, the Chief, and the City of Seal Beach. I ORAL COMMUNICATIONS Mayor ProTem Campbell declared Oral Communications open. Mr. Doug Korthof, Marvista Avenue, said he wished to speak to the Hellman property, the wetlands and mesa areas. He stated it is known that that land was a delta for the San Gabriel River years ago, marshy and swampy, the area has been filled over this period of time, yet said it could be restored to wetlands. Mr. Korthoff asked why think of developing this land now, once it is a golf course it will never be a wetland, it could be put into a land bank, undeveloped land has a value, the delineated wetlands in the middle of the property, unless there is some way to move them, which is what the developer has proposed but can not be done, the area delineated must be preserved according to the Coastal Act unless certain conditions are met, also, a one hundred foot buffer must be maintained around the wetlands, the wetlands must be preserved, in the middle of a golf course and development is not acceptable and an alternative must be found. Mr. Korthoff proposed full restoration, that would be a valuable resource for the future, there is always time to develop as a golf course or whatever, the question is how could it be paid for. He said the Ports of Los Angeles and Long Beach have considerable money, they have 2,200 mitigation credits just in the Port of Long Beach, they must pay about $200,000 per mitigation credit, if they hold that money long enough there will be nothing in this area to save, to which he suggested talking to them as to how much they would be willing to spend, find some land trust agency to purchase the property and then the Ports restore it, it is prime property at a valuable location, restore the wetlands and make Seal Beach an environmentally conscious community. Mr. Korthoff offered that there are people who support the golf course yet are afraid there is going to be two hundred fifty condos on the mesa, some believe there are Native American resources there as revealed by an aerial photo, believed as well that the Native Americans should have this site or at least give them the respect to ask what they would like done with that land. Mr. Gordon Shanks, Surf Place, pointed out that any wetlands were isolated in about 1936 when the channel was built, there was no direct water access, if the proposal of the speaker is considered then all of I I 1-11-99 I Naples and Belmont Shore should be torn down as that was much more if a wetland area. He said that the Hellman proposal has been considered and approved at all levels, it is a decent proposal, even though there may be some Indian relics on the uplands where the housing would be developed. He said some thirty-two years ago there were some quasi-wetlands, then the silt from the channel and fill was put on the property, if there was a desire to keep this land wetlands it should have been done then, to reclaim them now would be exorbitant expensive and that is what the Ports have told the City by means of letters. Mr. Shanks said the Hellman proposal is the best of things to come, a reasonable amount of wetlands, a public golf course, some housing, the Gum Grove Park, no one is going to come forward with millions of dollars to restore wetlands in Seal Beach, people who say otherwise are too new and know not what they are talking. Mr. Reg Clewley, Catalina Avenue, made reference to agenda item "A", an appointment to the Council vacancy, to which he said his questions to one of the applicants had not been phrased as they should have been, requested that that applicant withdraw, then posed his questions as to certain decorum at a Planning Commission meeting, the applicants position with regard to oral communications, zero lot lines, development proposals, and a question of the other applicant as to how he would represent the people of District Two rather than developers. There being no further comments, Mayor ProTem Campbell declared Oral Communications closed. COUNCIL ITEMS I APPOINTMENT - DISTRICT TWO CITY COUNCIL VACANCY At the request of Council, the City Attorney clarified the procedure to make an appointment. Contrary to the previous speaker, Councilman Doane stated he was pleased with the quality of the two applicants for the City Council vacancy, in his recommendation he was looking at representation of Leisure World and College Park West as well as experience on the Golden Rain Board. Councilman Doane proposed Mr. Paul Snow as the appointee to fill the District Two City Council vacancy, a gentleman he has known for about ten years, a person of integrity, has an investigative nature, and will work hard for this City. Although a second to the motion was not necessary, Mayor ProTem Campbell did second the recommending motion of Councilman Doane. The other members of the Council added their appreciation for the interest of the applicants, both very well qualified, that it would be a pleasure to serve with either gentleman, making this a difficult decision. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I Mr. Snow was declared to be the District Two appointee. Councilman Doane noted that Mr. Snow had indicated he was pleased with the services of Mr. Larson as a Planning Commissioner and would hope he would continue in that position. It was pointed out also that the remainder of the District Two term is approximately thirteen months. Appreciation was again expressed to both applicants. The City Clerk mentioned that Mr. Show would be sworn into office at the next meeting, January 25th. 1-11-99 APPOINTMENT - WESTCOMM It was noted that the next meeting of the Westcomm Board is the upcoming Thursday. Suggestion was made that an interim appointment be made at this time with a permanent appointment made on the 25th subsequent to the swearing in of Mr. Snow and when representatives to other various agencies are selected. Yost moved, second by Campbell, to appoint Councilman Doane as the interim representative to Westcomm. I AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried CHAMBER OF COMMERCE REQUEST Councilman Boyd said he had been approached by the Director of the Chamber requesting support for a brochure that has been produced by them, a financial consideration in conjunction with the printing of the brochure, seventy-five thousand at a cost in excess of $10,000, the brochures are being placed in locations thought to be beneficial to daytime tourism. Councilman Boyd requested support of the Chamber for their interest in increasing sales tax revenue to the City with a contribution in the amount of $2,500 to be made by means of the 1999/2000 fiscal year budget, July lst, 1999, and so moved. Councilman Doane seconded the motion. Councilman Boyd encouraged the City and Chamber to work together, which they have not done to any degree in recent years, this is a quality of life issue, also, the Chamber has some influence with their businesses and can help attract business that the City would be interested in having. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One I Motion carried Councilman Boyd reported that he, the City Manager, and Public Works Director have had discussions with Captain Bernitt of the Weapons Station with regard to some directional signage or kiosk type information center to be placed on the Station, possibly a six to seven foot wooden structure with a small roof with a plexiglass enclosure for a map of Old Town showing the locations of restaurants and shops on Pacific Coast Highway and Main Street for information of visiting Naval personnel. He requested Council authorization to direct staff to develop a cost on a not to exceed basis, the initial cost thought to be a little more than $600, the greatest cost may be to produce a quality map, the Chamber has agreed to do whatever is necessary to arrange for production of the map by identifying the businesses, etc. even though the City would assume the cost, this may prove to be of benefit to sales tax revenue and improve cooperation with the Navy, the Navy is supportive of this effort, and the map could be used for other purposes. Councilman Yost noted that there is a direct relationship between the success of the businesses and sales tax return to the City, yet there is somewhat of a fine line between the businesses and the City, this mentioned merely to see if that concern is shared by the members of the Council. I Councilman Boyd finalized his motion to direct staff to develop a schematic of a moderate design, and the cost to construct same. Councilman Yost seconded the motion, suggesting also that the Chamber may consider partnering with the City in this effort as it is primarily of benefit to the businesses. The Chamber Director said she would bring it to 1-11-99 the attention of the Board. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I CONSENT CALENDAR - ITEMS "D" thru "L2" Doane moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Item "I", removed for separate consideration. with respect to Item "J", the Parking Meter Ordinance, the City Attorney explained that the Council had been provided a new copy of the Ordinance to simply reflect the Section numbers and changes made at the first reading. D. Approved the waiver of 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 E. Approved regular demands numbered 21814 through 21977 in the amount of $817,679.22, payroll demands numbered 1993 through 2274 and 27637 in the amount of $288,644.55, and authorized warrants to be drawn on the Treasury for same. F. Received and filed the Monthly Investment Report for November, 1998. G. Adopted Resolution Number 4673 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EXTENDING CONGRATULATIONS TO THE CITY OF DANA POINT ON THEIR 10th ANNIVERSARY OF CITYHOOD." By unanimous consent, full reading of Resolution Number 4673 was waived. H. Adopted Resolution Number 4674 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE 1999 MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE." By unanimous consent, full reading of Resolution Number 4674 was waived. J. Held second reading and adopted Ordinance Number 1441 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING THE USE, FEES AND HOURS OF OPERATION OF PARKING METERS IN DESIGNATED OFF-STREET MUNICIPAL PARKING LOTS AND THE PARKING AND CONTROL OF VEHICLES THEREON." By unanimous consent, full reading of Ordinance Number 1441 was waived. I K. Adopted Resolution Number 4675 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITIONS OF POLICE CORPORAL AND SECRETARY TO THE 1-11-99 POLICE CHIEF." By unanimous consent, full reading of Resolution Number 4675 was waived. L. Approved Parcel Map No. 98-126, Avalon Homes, located on property at Pacific Coast Highway and Balboa Drive, fronting Marble Cove and Crystal Cove Way, and instructed the City Engineer and City Clerk to execute said Parcel Map as required. I L2. Accepted the resignation of Mr. Marty Mahrer as the District Four representative to the Seal Beach Cable Communications Foundation, declared the position vacant, said term ending July, 2000. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - ENGINEERING SERVICES / AGREEMENT - PROJECT NUMBER 750 - SEAL BEACH BOULEVARD/405 FREEWAY BRIDGE WIDENING Mayor ProTem Campbell noted this contract for professional engineering services is being awarded to Robert Bein, William Frost and Associates, inquired as to how many other competitive bids were received, when work is anticipated to begin, if there are budgeted funds for these services, also if Measure M funds and monies from Bixby will be forthcoming for this purpose. The Director of Public Works responded that the consultant selection process is followed in accordance with State law, there were approximately forty letters of interest, the top five firms were interviewed, there were several qualified firms, however the Robert Bein, William Frost and Associates firm stood out amongst the others, they have done several similar projects for other cities, it is felt they will provide the City with a good product, they are prepared to start their work immediately, the Measure M funds are available now, a letter requesting ninety percent of the funds for this project will be forwarded tomorrow, at the end of the project the final ten percent will be received, these monies come directly from OCTA, the monies allocated for the engineering phase of this project is about $300,000. The Director noted that there will be some funds remaining, however due to the complexity of this project some outside help will be needed for the management of the project, a person specifically dedicated to this, that will be an additional cost that will likely use the remainder of the $300,000. He mentioned that it will probably cost $450,000 to get completed plans, everything that is being done is financed through Measure M and developer fees, and at the construction stage, depending upon the final cost, a small portion of gas tax may be needed, it is anticipated that ninety-nine percent of this project will be outside funding. Councilmember Campbell asked if any funds for this phase are forthcoming from Bixby, to which the Director responded that Bixby funds will be in the form of traffic impact fees and applied equally to design and construction, those fees.based upon a fixed formula that has been established by the,City, no Bixby funds for this phase, the bulk of funding is Measure M. Councilman Boyd noted that even without the Bixby project the City would still incur some costs associated with this project in that the bridge needs to be widened at some point, and to that the Director I I I I I 1-11-99 confirmed that there is necessity to widen the bridge regardless of what development may occur around the area. Boyd moved, second by Doane, to approve the Professional Services Agreement with Robert Bein, William Frost and Associates to provide planning, environmental, and preliminary engineering services in conjunction with the City's planned Seal Beach Boulevard Bridge widening over the I-405, Project Number 750, the cost of said services not to exceed $227,800, and authorized the City Manager to execute said Agreement on behalf of the City. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 98-18 - 143 MAIN STREET - HENNESSEY'S Mayor ProTem Campbell declared the public hearing open to consider an appeal of the Planning Commission approval of Conditional Use Permit 98-18, permitting an interior remodel and outdoor dining area at an existing restaurant at 143 Main Street, Hennessey's Tavern Grill. The City Clerk certified that the notice of pUblic hearing was advertised and mailed as required by law, and reported there have been no communications received. The Director of Development Services presented the staff report, explained that the Planning Commission approved Conditional Use Permit Number 98-18 on December 9th, an interior remodel of the former Papillons Restaurant, the remodel does a number of things to the interior, most significant to the Commission, and requiring a CUP is the opening of the front twelve feet of the existing building to an outdoor dining area similar to that at BJ's in the next block, as part of that the existing bar area is moved back about nine to ten feet from the current location and further away from the street with the dining area redesigned around the front of the building, a copy of the design and seating plan on display for information of the Council. Other changes involve the redesign of the kitchen area to make it more efficient for the proposed restaurant use, expansion of the restrooms to meet ADA requirements for handicapped accessibility, and once those modifications are made the actual public seating area of the restaurant decreases about fifty square feet, a fairly minor change. As stated, the Planning Commission did approve the request however with thirty-five conditions of approval, several of those conditions address the use and design of the outdoor dining area and the entrance into the front portion of the building which is proposed to be moved from the frontage on Main Street to the corner of the building at the parking lot adjacent to Main Street. The Director noted that subsequent to the action of the Commission an appeal was . filed by Mr. Don Shoemaker, a copy of which is included in the Council packet, explained that the staff report addresses the two basics of the appeal, the first the entrance to the restaurant, the appeal requests that it be relocated back to Main Street, the report goes through the conditions imposed by the Commission in response to concerns expressed to that body and the findings made in support of its determination, the second portion of the appeal was a request that any proposed change of hours of the restaurant only be approved by the ,City Council, explaining that was not an item of consideration at the Commission level as those hours were established for the restaurant in 1989 with the approval of Papillon's,.those hours have not changed nor has there been a 1-11-99 request to change them, nor has there been any complaints received by the City to warrant a rehearing at the Commission level regarding the hours of operation, and although the Commission heard testimony, they.took no action on that issue, also, it is the opinion of staff and the office of the City Attorney that the issue of hours is not one before the City Council at this meeting. The Director advised that a draft resolution in support of the action of the Planning Commission has been provided for consideration, if, at the conclusion of this hearing it is felt that the resolution is not appropriate and the decision of the Commission should not be supported, staff would request direction as to how it should be revised to reflect concerns of the Council. The City Manager said in an effort to simplify the issue before the Council it is actually a fairly simple choice, the restrooms must be made handicapped accessible, the interior of the prior restaurant was in poor condition and needed to be removed, this could be characterized as to whether the new restaurant should be built exactly as it was before, except for the restrooms, or should there be a reconfiguration of the changes proposed by the applicant. I Mayor ProTem Campbell invited members of the public wishing to speak to this item to come to the microphone and state their name and address for the record. The City Attorney questioned whether the appellant was present, advising that that person should be allowed to speak first. It was noted that the appellant was not present. Mr. Reg Clewley, Seal Beach, expressed his opinion that the Council should sustain the appeal of Mr. Shoemaker. He recalled that Hennessey's has come forth with a high priced menu claiming that it would be an eating establishment rather than a drinking establishment, similar to what was said with the original Hennessey's, which he claimed was not the case, in this case possibly there should be an additional condition requiring the purchase of a full meal, the idea of being a restaurant first and a drinking establishment second, changing the name does not make it so. Mr. Clewley claimed that this Grill will be much smaller than was Papillon's, the building configuration should be left as it was previously but with a larger kitchen to encourage the sale of food rather than enlarging the bar area. As to hours of operation he said this establishment should close fairly early. Ms. Carla Watson, Catalina Avenue, said she too is concerned with the proliferation of pubs on Main Street, there are enough of those establishments already, Papillon's had a smaller bar with the restaurant, and encouraged fine dining. There can not be everything in one City, at one time people wanted entertainment, yet a different program was established, with that comes different guarantees, those are that people are going to enjoy a different, simpler type of life, not restaurants open until all hours of the night, if that is wanted then one goes somewhere else. Mayor ProTem Campbell closed the public hearing, however the City Attorney recommended that the applicant be heard, to which Mayor ProTem Campbell reopened the hearing. I I Mr. Paul Hennessey, 143 Main Street, stated that he had spoken to Mr. Shoemaker, his understanding was that the appeal was to be withdrawn, it is believed that he was misinformed as to the entrance, that it was going to be moved off Main Street, yet in fact the entry would be at the corner with entry afforded from Main Street and the parking lot, a better configuration of the floor plan and for those walking up Main Street. He offered to respond to questions of the 1-11-99 I Council. Councilman Boyd stated he had read the application as well as the staff report, has reviewed the floor plan more than once, 'developed some questions as to the mode of operation that the intent is to bring, noting that this does seem different than the prior restaurant/tavern. Mr. Hennessey said the name of his company is Hennessey's Tavern, Incorporated, the name of the restaurant will be Hennessey's Grill, there is a Grill operating in Redondo Beach, there is another concept which is the Lighthouse Cafe, an old jazz club, he also operates a flame broiler which is rotisserie fish, chicken and seafood, this will be Hennessey's Tavern Grill. He noted that the menu was presented to the Planning Commission along with pictures of the different items, it is presumed the Council has those, also showed the different wine dinners, this establishment will not be the same concept as was across the street, as a business decision they would not open another Walt's Wharf, a pizza restaurant, or, as said, another like they had across the street, they are already there, that would not make sense for them, and they do operate other restaurant concepts. In reference to information submitted with the application, Councilman Boyd noted that the menu is much different than the past and asked if that would in fact be the restaurant menu, to which Mr. Hennessey replied that it would be a combination of those submitted for the Grills and Taverns and the wine dinners, it will be appetizers, seafood items, pasta, etc. Councilman Boyd mentioned that there was a breakfast menu submitted yet the hours of operation are from 11:00 a.m., to which Mr. Hennessey said there will be a Sunday brunch until about 3:00 p.m., possibly a Saturday lunch until 2:00 p.m., if there are a number of requests from the public for breakfasts that could prompt a request for an earlier opening hour, the public controls a restaurant to a great degree. Councilman Boyd asked if there is a development agreement and is Hennessey's subject to the parking space requirements. The City Manager responded that no development agreement is necessary, and, there is a parking impact fee requirement on this property that pre-dates this application, the unpaid fees of the prior occupant would need to be brought up to date before issuance of a permit. As to the floor plan, Councilman Boyd expressed his opinion that it is improved over Papillon's, to which Mr. Hennessey said it is believed to be more efficient for the staff to serve the food, also from a visual perspective. Councilman Boyd said his understanding is that Mr. Hennessey has made agreement to do some exterior improvements to the building, parkway, and sidewalks, which he deemed will greatly improve the appearance of that area. Councilman Yost made reference to the open patio area, an area similar to BJ's Pizza, to his knowledge it is unusual to have an open patio area at the front of nice restaurants that stay open late and serve alcohol, to that Mr. Hennessey responded that that has been driven by the desire of most towns to create a more pedestrian friendly atmosphere and what customers have requested of them for luncheon and early dinner hours, an outdoor seating arrangement yet having the ability to be closed off, there will be access by means of an entryway off to the side, the frontage the only open area and it has a low ceiling. Councilman Boyd made reference to the Planning commission condition requiring a thirty-six inch high fence or enclosure, that the area shall be capable of being completely enclosed by double-paned sliding glass doors, and completely closed at 11:00 p.m., expressed his opinion that the thirty-six inch enclosure from the ground up is good however 11:00 p.m. is too late to close that area, his I I 1-11-99 preference would be 9:00 p.m., a concern as well with the 'patio area as it relates to the uses on the rest of Main Street. Councilmember Campbell referred to condition twenty- four that requires a premise employee to be in attendance whenever the outdoor dining area is being utilized for alcoholic beverages to ensure that the area does not create a public nuisance contrary to public welfare and morals, to which she questioned if that condition can be reasonably enforced, what if an employee can not be there at all times, to that Mr. Hennessey said he believed it to mean it is being serviced by an employee at all times, that alcohol is not being brought out by someone else, a customer. Councilman Boyd again directed his comments to the patio area at the drawing on display, referred to the patio as a significantly remodeled portion of the building, pointed out that some time back State law prohibited smoking in bars and a consequence of that is that there is an excessive amount of cigarette butts that line the streets, sidewalks, alleys, curb and gutter areas immediately adjacent to the bars and restaurants that serve alcohol. He suggested that a condition be placed on this establishment that smoking is not permitted in the patio or the frontage area, he inquired of legal counsel if ,and how this establishment could be so conditioned, could smoking be restricted to an area that is cordoned off, there is a low retaining wall frontside, then envisioning a small area by the entry door with a bench of some description and a repository for cigarettes, as people and the City want to do away with such debris. The City Attorney confirmed that the patio could be conditioned for no. smoking within that area, entry seating could also be required, however with respect to preventing people from walking around and smoking, that is an enforcement issue, they can not be prohibited from smoking on Main Street, theoretically they can not drink there, the property owner would need to be vigilant in the enforcement that people not smoke and/or pass beverages across the wall. Councilman Boyd noted that should a customer choose to smoke to the front of the establishment and to also consume an alcoholic beverage, that becomes an enforcement issue for the property owner and with the Alcoholic Beverage Control. Mr. . Hennessey responded that they would not allow someone to be in the front area smoking and drinking, the main entry area was meant for someone who wished to leave and smoke there, they do not allow smoking in their establishments anyway, by restricting the patio all one is doing is pushing the people out of the building who do want to smoke, defeating what is being attempted, which is keeping them off of Main Street, that is why the design is as presented. Mr. Hennessey offered that such a condition as stated with seating and a receptacle in the entryway was acceptable, however noted that by restricting patio smoking, for those people who know that the law states smoking is allowed on a patio, it will make it difficult for the employees. Councilman Yost once again asked why a patio would be desired for a restaurant, which is said what this establishment will be. Mr. Hennessey responded it is because the public have said they like sitting outside, in fact other towns up and down the coast are encouraging outdoor seating even on city property, yet said it would be less expensive to remodel the building otherwise. Councilman Doane said he must have misunderstood as he thought the plan was to have an open air area where people could smoke, a new restaurant in the Leisure World Shopping Center has a large outdoor area specifically for the smoking customer, and business has increased for the Main Street Grill because they too have the outdoor area, therefore he misrepresented the outdoor patio as being a I I I 1-11-99 I dining area for someone who may wish to smoke. Mr. Hennessey stated it is not specifically for smokers, yet again, according to State law someone could do so, after the doors are closed they could not. Councilman Boyd said he was not suggesting that smoking be prohibited on the patio, rather his thought was that a person could smoke either on the patio or in the entry area, his concern was someone standing on the front sidewalk, leaning over the patio wall and smoking, talking, eating and drinking, in that case enforcement would fall back upon the City rather than Hennessey's. Councilman Doane inquired if this type of condition was applied to BJ's, to that Councilman Boyd said he has never observed anyone smoking on their patio, they are somewhat different in that they have benches against the enclosure wall for those who are awaiting tables. Mr. Hennessey stated he has have a number of restaurants with large outdoor patios, they do not set tables with ash trays, if a customer wishes to smoke they are provided, however that is less than five percent. Councilman Yost asked if the tables will be fixed or moveable, and could the tables be prevented from being moved on occasions such as St. patrick's Day. Mr. Hennessey responded that they are free standing, moveable to accommodate larger groups that wish to sit together. In response to Council, the Director of Development Services explained that occupancy loads for restaurants are based on square footage of public area not the number of seats and tables, that is what the Fire Authority would enforce and it is posted on the building at the time of issuance of building permits. Councilman Boyd suggested that the staff be directed to request that a Fire Authority Code Enforcement Officer be present on St. Patrick's Day for on-site inspections of possible occupancy violations. The City Manager informed the Council that staff plans to meet with the Main Street restaurant operators prior to St. patrick's Day to discuss through the Police Department what measures they plan to take to keep things calm. I I Councilman Boyd again made reference back to the patio area, the thirty-six inch wall and sliding door enclosure having been discussed, reported his intent to make a motion to require the enclosure of the patio area at 9:00 p.m. As to taking action on the various suggestions, the City Attorney explained that the public hearing remains open, questions can be posed of the applicant, and once the hearing is closed motions or one motion incorporating any changes may be acted upon. Councilmember Campbell said she too had a concern with the open seating area, and questioned how this alcohol license differs from BJ's, to which Councilman Boyd responded that BJ's has a beer and wine license, Mr. Hennessey has an alcohol license to include distilled spirits, to which Councilmember Campbell expressed concern with such spirits being in such close proximity to the Street. Councilmember Campbell inquired as to how long Hennessey's Tavern operated at its prior Main Street location, to which the response was thirteen years, she also made reference to Section 6(e) of the proposed Resolution relating to Papillon's who had no history of extraordinary demand for law enforcement services, and asked if there had ever been such a demand at Hennessey's, the response to the question was that the staff report to the Planning Commission set forth a statement that no excessive law enforcement requirements were documented. Councilmember Campbell questioned the door facing Central Avenue and it was explained that it is to be used for an emergency exit only, basically a one way door, not accessible from the outside, no lighting, no canopy. It was also 1-11-99 explained that the ABC considers beer and wine and distilled spirits the same, as alcohol, the policing issue would be the same, and again, the reason for opening the establishment up with a patio area was in response to their customers. Councilman Boyd referred to comments of Councilman Yost with regard to the patio and fine dining, stated that BJ's Pizza has approximately the same square footage and table area, they have a beer and wine license, suggesting that consideration could be given to conditioning the patio area by only allowing the service of beer and wine, not distilled spirits, the enforcement would lie with Hennessey's, that in an effort to have a consistency with BJ's and any other establishment that may wish to have a front patio area at some point. As to the enforcement issue, the City Attorney said it would be difficult for staff to enforce such a condition, Mr. Hennessey advised that only the food server would carry drinks outside, a situation could be foreseen where a patron would purchase a mixed drink and try to take it outside, it would be virtually impossible for the City to enforce such condition, to limit to beer and wine enforcement would be the primary problem, it would not be recommended that staff be involved in that, also, it would need to be tied into compatibility issues, to support such a finding the Council would need to have good rationale distinguishing between beer and wine versus distilled spirits. Mr. Hennessey confirmed that the food and alcohol ratio is part of his ABC license, sixty percent food, forty percent alcohol. Councilman Yost inquired if the City does or have ever monitored the percentages. The Development Services Director explained that the City has not done that in the past, however as a condition of approval of this project there is a provision to allow the City to audit those figures, reflected as Condition 17, it is believed that reports to the ABC are quarterly. The City Manager noted that the condition does not provide a requirement that the proprietor reimburse the City for any audit expenses incurred. Given the fact that the Planning Commission is the body that deals with conditional use permits, Councilman Yost suggested that such reports be agendized for the Commission for their information so that they are not missed, to that the Manager inquired if the quarterly report would be sufficient and should their be concerns the matter could be set for hearing, and Councilman Boyd asked that such report also be forwarded to the Council. The Manager said since this is the only establishment to which this condition would apply, asked if a certain time frame would be adequate and if there are no problems the time frame could be extended, to which Councilman Yost pointed out it is the Planning commission that handles the CUP process. Making reference to the prior entertainment at Papillon's that was not to have been amplified yet was, Councilmember Campbell concurred with a monitoring program. In an effort to be realistic, the Manager suggested that quarterly review be done diligently for the first year, periodically beyond that, under the direction of the Commission, unless there are complaints, then it could be done more often. I. I I Councilman Boyd made reference to the staff report with regard to the floor plan, improved over that of Papillon's, from a functional standpoint as a restaurant, as the applicant stated, allows an increase of the serving capacity and quality of service as well as ADA accessible restrooms. He offered that his concern is with the bar area, recalling a prior delicatessen operation of the Old Town Wine and Gourmet where there was no alcoholic beverage service, after a period 1-11-99 I of time it became Papillon's, now Hennessey's, the bar area is proposed to be thirty-two feet by eight feet as opposed to bar for Papillon's that was approved at twenty-three feet long and nine feet wide, the workable bar area was shortened to eight feet to accommodate seating, etc., currently there are fourteen seats, and inquired as to the number of bar seats at the previous Hennessey's. Mr. Hennessey responded that there were thirty-eight stools at Hennessey's, thirty- five seats at papillon's, to that a Hennessey's staff person clarified there had been eighteen actual bar seats. Councilman Boyd said if this is to actually be a restaurant he would propose the thirty-two foot bar area be reduced to twenty-three feet as was approved by CUP 92-13 for Papillon's, the additional area will allow two more tables and four chairs. Mr. Hennessey explained that the footage referenced is a service area, if people can not get served additional tables and chairs would mean nothing, typically everyone, who sits at the bar during lunch hours are eating, about fifty percent of the patrons at night, both ends of the bar are designed for computer stands and waitress service. It was clarified that Papillon's had thirty-eight seats in the establishment that were dedicated to bar service, with councilman Boyd inquiring specifically as to the number of bar seats at Papillon's, Mr. Hennessey stated there were more seats than were shown. councilman Doane pointed out that the bar runs straight across where the Papillon's bar curved at both ends accommodating additional seating, a piano bar with another eight seats, the entire front of that establishment was bar seating, there was three times as much bar area seating as with this layout, that Mr. Hennessey is limiting bar seating to the bar only where Papillon's did not. Councilman Boyd agreed that he could take that into consideration however is not, his argument is that if Mr. Hennessey is going to open a restaurant it needs to be a restaurant with tables and seating, and if this bar area is expanded from what previously existed, that is the fault of the City. Councilman Yost inquired as to how this bar is similar or different from the bar, in terms of size and configuration, of the previous Hennessey's, is it basically the same length. Mr. Hennessy responded that it is not, there were thirty-eight bar stools, this bar is shorter by about ten feet than the prior, which is believed to have been about forty-five feet. It was the consensus of the Council that Mayor ProTem Campbell declare the public hearing closed. I I Councilman Doane made reference to comparisons of this proposal to Papillon's, offered that Papillon's was a fine, gourmet restaurant when it opened, the problem was that there were not enough people who wanted that type of dining yet the people that did objected to the people from the bar walking past their tables to the restrooms, that would not happen with the proposed floor plan because of where the restrooms are located, if the applicant in this case wanted to have an extended bar he would likely have left it as it was, there was a much larger bar area in Papillon's than there is with this plan or even in comparison to the prior Hennessey's. Councilman Doane expressed his opinion that this is actually a restaurant rather than a bar, his preference would be to have a restaurant row to encourage residents to eat in town, and spoke in support of the floor plan as proposed. Councilman Boyd countered that a number of establishments have come to town, opened as a restaurant and closed as a bar, Papillon's an example, a restaurant when it opened, to which Councilman Doane explained that it had been an upscale restaurant, then the cost of the menu items was reduced, 1-11-99 linens removed, yet there was effort to make the restaurant work, in his opinion one of the reasons that Papillon's failed was that it was a bar in the front, attracted bar people, most of the food was hors d'oeuvre items served over the bar, thus the restaurant failed. Again, said his feeling is that the Hennessey's Grill will not meet the same fate because of the way it is designed, and the bar should not be further restricted because it has already been reduced. Councilman Boyd agreed that this establishment will likely be much more successful than Papillon's, it is a good floor plan, however if this establishment/location can be conditioned so that it will be a bone fide eating establishment with strengthened guidelines by allowing less eating at the bar seating area and more dining tables are required, that will benefit Mr. Hennessey if he in fact wants a restaurant, and benefit the City by ending the restaurants that then become bars because of failure, and should he approach the City at some point in the future because the restaurant is having problems, that would force him to come back to the City to request lengthening of the bar because the CUP would allow only so many feet, and the City would make the determination at that time. Councilman Boyd said this action would merely increase the dining seating area and reduce the bar seating. The City Manager suggested that there be discussion with Mr. Hennessey as to whether the shortened bar would be acceptable. I By unanimous consent of the Council, the public hearing was reopened. Mr. Hennessey explained that considerable time and effort was spent with professional architects and designers to get what is needed in equipment to serve the public, to cut the bar area back would be a great hardship, they do not want another area with a piano bar, the intent is to get away f~om that, the bar stool seating has been cut from thirty- eight to eighteen, where it has been learned from experience that when single people come in at lunch or dinner times they prefer to sit at the counter and eat, they do not want to sit at a table by themselves, the bar area has been cut down drastically from that of Papillon's, and all of the equipment is needed minimally to serve the public. It was confirmed to Councilman Yost that there are several establishments such as the Hennessey's Grill and an HT Grill, to which question was raised as to how long the actual bar is in the other upper scale eating establishments, to the HT Grill Mr. Hennessey responded that that one is totally different, a horseshoe shape having about thirty-three stools. As a point of reference, Councilman Boyd said a twenty-three foot bar would be the length of the Council dias. Mr. Hennessey again pointed out this bar is to be considerably less than was Papillon's, declaring it was not set up to be workable as a restaurant in the manner that he feels it needs to be. Councilman Boyd said the job of the Council is to either sustain, deny, or revise this appeal, and if there is an opportunity to improve the character of the community by whatever changes are made, he would like to discontinue the comparison to Papillon's as it is felt that Hennessey's is a much more upscale, desirable establishment. Mr. Hennessey said it will be successful for a number of reasons, the service that is provided, the atmosphere, and the food, yet the food could be the greatest in the world and if people can not get served they will not come back, added that he has never heard of a specific area being restricted whether it be to beer, wine, or liquor, and from a customers standpoint, an example would be if one in a party of four seated in the patio area desired a cocktail, that would not be allowed I I 1-11-99 unless the patrons were to move inside, if it were he, he would simply leave the establishment. There being no further comments, the public hearing was once again closed. I To a question of Council with regard to what actions may be taken, the City Attorney confirmed that reasonable conditions could be imposed in addition to those imposed by the Planning Commission, there is the option as well to return the matter to the 'Commission, action can be taken by one motion or on each proposed condition, and to inquiry of a closed session discussion, advised that it would require a two-thirds vote to add to the agenda however there is no evidence of the required urgency. It was the order of the Chair, with consent of the Council, to declare a recess at 9:05 p.m. and reconvened at 9:16 p.m. with Mayor ProTem Campbell calling the meeting to order. There was a consensus of the Council to consider each item discussed with regard to the appeal, revision of and new conditions separately. The City Manager stated that pre- existing conditions would need to be accepted by both parties, therefore failure of the applicant to accept the conditions would result in reverting to the conditions as they were previously for Papillon's. The City Attorney concurred that the Council could impose conditions however if they are unacceptable to the applicant he would have the choice of returning to the original floor plan. I The City Attorney made reference to Condition 26 pertaining to the outdoor dining area and enclosure, proposal was to change the hour for complete closure to the outdoors was from 11:00 p.m. to 9:00 p.m. Mr. Hennessey said 10:00 p.m. would be more reasonable especially when patrons do not arrive until 8:30 or 9:00 p.m., yet if 9:00 p.m. is what the Council desires they would accept. Boyd moved, second by Yost, to amend Condition 26 to reflect the patio area closure at 9:00 p.m. rather than 11:00 p.m. AYES: NOES: VACANCY: Boyd, Campbell, Yost Doane One Motion carried I with regard to Condition 17, the City Attorney noted discussion of quarterly audit reports, the applicant to reimburse the City for all reasonable costs associated with the audit. Mr. Hennessey expressed concern, questioned if that is standard for every other business, the manner in which he has previously seen such provision written is if the audit is different from what the establishment claims, otherwise this gives an open field for anyone doing an audit, numbers are provided, an audit is done, the cost may be $4,000, yet there is no difference in the numbers, the way this is proposed to be written he would be required to pay $4,000 or whatever amount for providing true and accurate figures, which he deemed to be unfair. The City Attorney suggested that it may be a good idea for staff to have some monetary figure in mind, it is understood the ABC does this, the cost for the City to do an independent audit is not known, to that Mr. Hennessey reported that his accountant changes thousands of dollars for a full audit. Councilman Yost cited this condition as important in that people feel this is an intensification of use of this property, and inquired if a compromise could be reached to somehow share 1-11-99 the cost. A suggestion of Council was to require quarterly reports with one annual audit in the first year, to that the Manager suggested that the cost be borne by the applicant for the first year then under the terms of the Condition. councilman Doane asked why the ABC audit could not be made available to the City. Councilman Yost said since cup's are handled by the Planning Commission it would seem appropriate that such audit be reviewed by them with possibly an informational copy to Council. Councilman Boyd said to his knowledge the City does not receive ABC audits. Councilman Doane 'suggested that they be requested. Councilman Boyd said it is doubtful that ABC will respond. The City Manager said he believed that could be done for the first year at a reasonable cost, thereafter the City could continue to monitor until such time as a discrepancy may be found. Councilman Yost suggested that the figures from the first audit could be used as a guide. Mr. Hennessey again said that the standard procedure in business, is that the City could request an audit and if it is found to not be truthful the cost of the audit then falls upon the applicant, yet if it is a true and correct audit that the City chooses not to believe, accept, or not accept, and upon audit found that accurate figures were not provided the applicant would bear the cost of the audit. Mr. Hennessey again gave his opinion that such requirement has not been imposed on any other business on Main Street, no other business that has remodeled has been requested to go through what this project has, in this case it is the remodel of the kitchen and floor plan, and to his knowledge no other restaurant that has remodeled in the past twenty years has had to do this. I The City Attorney directed attention to Condition 35, a condition applied to all CUp's for restaurants, the permit term is six months, the Planning Commission then reviews it, the applicant can then apply for a twelve month extension. With regard to the comments of the City Manager, the applicant would pay for the first audit, thereafter the City would assume the cost unless there are discrepancies. Councilman Boyd said he was uncomfortable with not citing a specific audit cost to the applicant, suggesting payment for the audit up to a certain amount. Mr. Hennessey asked if it would be helpful if they provide an audited statement to the City, prepared by a certified CPA. The City Manager noted that this would be an additional workload on a limited staff, if overtime needs to be paid to review audited statements, or pay a contract consultant to do so, that is an added cost to the City, this is an applicant that is requesting a permit to operate a business therefore for the first audit he felt this would be a reasonable expense to be reimbursed. Councilman Yost suggested a maximum amount of $3,000, to which Mr. Hennessey said is a fee that he is being charged that other businesses are not. Councilman Boyd expressed his opinion that it is incumbent upon the Council to implement a Code enforcement process in the City, for year one the City could say it will incur the cost of the audit, if there is a discrepancy the applicant would incur such cost, suggesting that if the interest is to ensure that this is a bonefide eating establishment then it should be worth $1,000 a year of the budget in the interest of health, safety and public welfare of the residents, from a business perspective this means another $3,000 or $500 a month cost to the applicant. The question is then if the City should not spend an amount on a regular basis'to assure compliance of all of the restaurants and alcohol serving establishments. Councilman Yost said he recognized the point, however when this property I I 1-11-99 I went from a gourmet food shop to a restaurant the Council struggled to assure that it was a restaurant, it is known what Hennessey's was across the Street, there needs to be a guarantee that this stays a restaurant use, his desire is to see the percentages of food to alcohol consumption, the applicant knows the numbers, he has a following, and it is not felt to be too much to ask that this stays a restaurant. He restated his intent of a not to exceed $3,000 for an audit the first year, with subsequent reports from the ABC to be agendized for Planning Commission review, then future audits depending upon how close the first audit is to the actual figures. Councilman Doane said he wanted the ABC audit reports pursued which in turn would eliminate the need for the additional $3,000. Councilman Boyd noted then that the Condition would be imposed that all costs associated with the audit will rest with the applicant, not to exceed $3,000, stipulating that if ABC will provide the City with their reports, and they are believed to be true, the applicant would then not incur the cost of an audit, yet if there are discrepancies in the future the applicant would incur the cost, and Councilman Yost asked if it would be acceptable to allow the Planning Commission to review and make the determination based upon those reports. Mr. Hennessey agreed to the Condition as stated. Yost moved, second by Boyd, to adopt a motion based upon the comments above. I AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried Next, the City Attorney mentioned discussion of ashtray receptacles and a bench or seating in the vestibule area at the northeast corner of the building. Mr. Hennessey explained the intent originally had been that this area would be a protection from cars, a pedestrian area to enhance the entrance, however if the desire is for ashtrays and benches that could be done, the short protective wall was thought to match the front wall at about thirty-six or thirty-two inches. The City Attorney directed attention to Condition 33 to which a sentence can be added to read "applicant shall provide a bench or other seating acceptable to the City and ashtrays inside this area." Boyd moved, second by Yost, to approve the additional language as stated by the City Attorney. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried I As to a new Condition numbered 36, the City Attorney provided language to read "there shall be no eating or drinking on the sidewalk", and it should be understood that this is an enforceability issue, the applicant to make every effort to inform their patrons of such. Mr. Hennessey confirmed that smoking is allowable on a patio, it is hoped that there will always be people eating at the eight tables in that area, if they choose to smoke, this is an area provided for them. He confirmed also that they do not want people standing on the adjacent sidewalk smoking as that would bother the patrons. Councilman Boyd stated that when he discussed smoking on the sidewalk outside the patio he was not aware that smoking is allowed in an open patio 1-11-99 area, to which Mr. Hennessey confirmed that they would not be allowed to smoke even on the patio once it is enclosed at 9:00 p.m. The City Attorney referred to Condition 5, suggesting additional language to the third sentence to read "consumption of alcoholic beverages is prohibited in the establishment's parking area and on the public right-of-way." Mr. Hennessey suggested the words "entirely within the building", which the City Attorney confirmed is the first sentence of that Condition. Boyd moved, second by Yost, to add the language as proposed by the City Attorney. I AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried The City Attorney said although it is not necessary, an additional condition could be added to provide that there be no smoking anywhere inside the premises after 9:00 p.m., which would cover the patio area clearly, that is State law. It was consensus to not add the condition. The City Attorney was advised by staff that the parking impact fees are required to be brought current for the location, cited as Condition 27. Mr. Hennessey agreed to the Condition. Councilman Boyd asked if a restriction to beer and wine consumption on the patio is desired. Council determined it is not enforceable. I As to the size of the bar, Councilman Boyd restated his request that it be consistent with Conditional Use Permit 92- 13, a length of twenty-three feet, and so moved. Mayor ProTem Campbell seconded the motion. Councilman Yost suggested some compromise. At the request of Council, Mr. Hennessey explained that he has cut the bar back almost in half from what was there previously and removed the piano bar, it appears obvious that he has not convinced the Council as to what he is trying to accomplish, it is believed they have the only entertainment permit downtown, there is no intent to offer entertainment and he would be willing to give up the entertainment so that he would not be creating a piano bar nor would anyone else in the future to provide an additional bar area, in order to leave the design as proposed. Councilman Yost asked if there is any way to decrease the bar size by maybe six or ten feet, to which Mr. Hennessey responded that one of the problems when this was built, and there are health laws that must be adhered to other than the handicapped, in that in the area where the glasses are washed the drain boards had to be lengthened from what was two feet to something longer and with another drain board, there is one area where some of the front equipment could be moved to the back then possibly four feet could be relinquished, other than that he is locked into the amount of equipment that is needed in accordance with the current Health Codes. Council asked if he would then give up the entertainment permit, suggesting that a special permit could be requested for specific occasions, to which Mr. Hennessey agreed. The City Attorney advised that a condition could be imposed that there shall be no entertainment, revise the language of Condition 3 whereby "the applicant has voluntarily agreed that there shall be no entertainment on the property and thus agrees to surrender all rights and I I I I 1-11-99 privileges granted by CUP 92-13", and clarified that 92-13 is believed to be just entertainment however if anything else is found the remainder of 92-13 would remain in effect. To that Mr. Hennessey agreed. The City Attorney advised that Condition 10 should also be deleted which governs the hours of non-amplified entertainment, as there will be no entertainment. Yost moved, second by Boyd, to approve the revised language of Condition 3 and deletion of Condition 10. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried The city Attorney clarified again that the bar shall now be four feet shorter, revised to reflect twenty-eight rather than thirty-two feet as shown on the floor plan, and to that Mr. Hennessey agreed. Yost moved, second by Doane, to deny the appeal and that the conditions imposed by the Planning Commission shall stand as amended by the City Council, by the adoption of Resolution Number 4677 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION APPROVAL OF CUP NO. 98-18, ALLOWING A MODIFICATION TO THE CONDITIONS OF APPROVAL ON AN EXISTING LAND USE ENTITLEMENT TO ALLOW INTERIOR REMODELING AND AN OUTDOOR DINING AREA AT AN EXISTING RESTAURANT AT 143 MAIN STREET (HENNESSEY'S TAVERN)." By unanimous consent, full reading of Resolution Number 4677 was waived. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried CITY MANAGER REPORTS The City Manager reported that the beach sand replenishment project is about ninety-eight percent complete, there will be one more train load, this project has widened the beach by about seventy feet, although there will be some back passing of sand the project is a success and is being looked at by other cities as a model, the train transport superior in terms of the environment instead of by truck. Mayor ProTem Campbell noted that there has been about nine hundred car loads, to which she inquired as to how many tons are in a train load. The Public Works Director said the number of cars vary, usually between twenty to thirty, about one hundred tons per car or two thousand tons per train load, the efficiency of the rail transport much improved in the second half of this project. Mayor ProTem Campbell pointed out that the entire project is approximately ninety thousand tons. The Manager reported also that the Shell station at the corner of Main and Pacific Coast Highway is no longer selling fuel, even though the service portion remains open, the staff and certain members of the Council have been working with the proprietor and some local land use planning consultants to obtain an appropriate tenant at that location, a use that is consistent with the Main Street Specific plan and an entry statement to Main Street, possibly something in a retail use as opposed to a gasoline station or industrial type use. Relocation of the Shore Shop was suggested. The Manager said he has received calls from tenants of the Shore Shop inquiring as to locations to relocate within the City, and as much assistance as possible will be given them. 1-11-99 ORAL COMMUNICATIONS Mayor ProTem Campbell declared Oral Communications open. Mr. Reg Clewley, Catalina Avenue, spoke to the Hellman Ranch proposal as a result of his review of the Coastal Commission revised findings, discussion of acquisition of the eight acre Southern California Edison property, to that he claimed about twenty-four percent of the proposed wetlands do not belong to Hellman, their project dependent upon acquisition by some means of that property. He suggested that people call Edison and warn them that if they sell their land so that the golf course can be built they may consider an alternative energy provider, especially since Edison has been advertising their promotion of wetland preservation. There being no further comments, Mayor ProTem Campbell declared Oral Communications closed. I COUNCIL CONCERNS Councilman Yost said he was quite familiar with the property referenced by the last speaker, that a result of his involvement with removal of the power lines. He noted the fact that the Edison Company actually condemned and took that property from the Hellmans to put in the 66KV power lines, that property did belong to Hellman and arrangements are being made to take it back. With regard to the comments of Mr. Korthof in terms of the Ports deciding to do a large scale wetland restoration, Councilman Yost explained that the City has tried, approached them more than once, the comment of Mr. Korthof is not the case, there are two letters from the Ports declining any interest, the most recent due to cost, to which he said if he were in the business of wetland restoration he would spend his dollars in a place where they are more likely to be effective as the Hellman property is a difficult site for wetland restoration, it has been cut off from the tidal flow from the Channel, it has been raised and elevated, there is little that is functioning at the present time. At the time of Coastal Commission approval there was an invitation to anyone having the money to do a wide scale restoration, they could buy the property and do so, no one has come forward, again, it is more likely that any such monies would be directed towards an area where restoration may be more successful. Councilman Yost stated there is much good about the Hellman project, it is felt that a majority of the people in the community support the project because it provides recreational facilities, provides wetland restoration on a nearly two to one ratio, a limited development of seventy homes with minimal traffic, provides a nature park, allows public access, even with that it is not perfect, he would personally like to see a large scale wetland restoration project yet that is just not feasible, this is felt to be the best compromise for that site, and that he will continue to support the project. Councilman Yost said he had spent some time walking the his Council district with Mr. Stan Anderson, a person who has given much to the City, he had some questions with regard to parking meters, fire standpipes, repairs to Main Street, etc. and to that he will try to provide him answers. Councilman Yost stated he would be on vacation for a few days returning and then leaving again, he could be reached if necessary, and will be returning by the 25th. Councilman Doane said because of his love for animals and support for the Animal Care Center, for years he has saved aluminum cans, uncrushed, to benefit the Center, this is a means of supporting the shelter and encouraged others to do so. Councilman Boyd extended congratulations and welcome to newly appointed Councilman Snow. councilman Boyd inquired as to the status of the I I 1-11-99 I request for review of the utility tax and a strategic financial plan. The City Manager responded that his request would be to provide the Council with the report to allow opportunity for review, comments, and questions prior to placing it on a Council agenda. Councilman Boyd requested that the report be placed on the January 25th agenda, a review of same could be at that meeting or a future date. He mentioned that there would be some special items on the next agenda, with the Oath of Office of Mr. Snow possibly the reorganization of the Council, Mayoral appointments to boards, the Pledge of Allegiance led by Daisy Troop 2269, and with the consent of Council, the Orange County Fire Authority has been requested to attend to offer an invocation, this something the Council has not done for a number of years, however is done in many cities and other agencies, not to occur on a regular basis but possibly at times of swearing in of Council members and reorganization. To a question of a church and state issue, the City Attorney responded that most cities have an invocation on a regular basis. Councilman Boyd noted that his contact had been with Msgr. Sammon, Chaplin for the State Fire Services, also the presiding Chaplin at A. J. Summers services. He mentioned that he would also present a revised agenda format for consideration, it will possibly provide the public a better understanding of the meeting process, the format proposes that the term Oral Communications be replaced with Public Comments, the format would need to be adopted by Resolution, proposes also to moved the Closed Session and the Redevelopment Agency meeting to the end of the meeting with the Council session commencing at 7:00 p.m., and an opportunity for reports from the Manager, Attorney, and department heads, the proposal is to also delete the use of City letterhead for the agenda as a cost savings. with reference to the attendance of the Daisy Troop, Mayor ProTem Campbell said she had wanted to start the practice last year of giving Scout troops the opportunity to periodically open the meetings with the Flag ceremony, that is helpful to them in earning their badges, and noted that Boy Scout Troop 642 has been meeting in the North Seal Beach Community Center for about twenty-five to thirty years. Suggestion was made to invite the Police Explorers Color Guard as well. Mayor ProTem Campbell suggested that the members of the Council review their City Charter for possible amendments to bring the Charter into compliance with law, possibly an election date change, etc. The City Clerk explained that there is currently flexibility within the Charter as to election dates. Councilman Yost said often when there are organizational changes a mission statement is developed to bring a group together, therefore if Charter amendments are considered he would recommend that the individual members consider preparing a brief paragraph as to what the Council is about and what is trying to be done. I I ADJOURNMENT The City Attorney clarified that the Redevelopment Agency meeting will be held at 6:45 p.m. on January 25th until such time as the Agency By-Laws are changed, however if a Closed Session is needed it can be held at the end of the regular Council meeting. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:18 p.m. 1-11-99 / 1-25-99 Approved: I Attest: Seal Beach, California January 25, 1999 The City Council of the City of Seal Beach met in regular adjourned session at 6:35 p.m. with Mayor ProTem Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Campbell Councilmembers Boyd, Doane, Yost Absent: None Vacancy: One Also present: Mr. Barrow, City Attorney Mrs. Yeo, City Clerk The City Manager joined the Council in Closed Session. I APPROVAL OF AGENDA Doane moved, second by Boyd to approve the order of the agenda as presented. AYES: NOES: VACANCY: Boyd, Campbell, r:>oane, Yost None One Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney reported that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss the three items identified on the agenda, Brendel versus Johnson, Los Alamitos versus Seal Beach, and Seal Beach versus Seal Beach Anglers. By unanimous consent, the Council adjourned to Closed Session at 6:36 p.m. and reconvened at 6:48 p.m. with Mayor ProTem Campbell calling the meeting to order. The City Attorney announced that the Council briefly discussed the items identified on the agenda, and in deference to the future Councilmember, the Council will return to Closed Session at the end of the 7:00 p.m. regular session. I ADJOURNMENT Boyd moved, second by Doane, to adjourn this session until the end of the regular meeting. AYES: NOES: VACANCY: Boyd, Campbell, Doane, Yost None One Motion carried