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HomeMy WebLinkAboutCC Min 1999-03-08 3-2-99 I 3-8-99 expenses. ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 5:58 with consent of the Council, p.m. I t? Clerk and ex-of ~cio clerk the City of Seal Beach Approved: ~ ~",~I City Clerk ~ Attest: Seal Beach, California March 8, 1999 I The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Yost calling the meeting to order. The Salute to the Flag was led by Girl Scout Troop 1282 from College Park East. Councilmember Campbell presented a commemorative pin to each Scout and expressed appreciation for their leading of the Pledge. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I 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. Dorsey, Assistant to the City Manager Ms. Beard, Director of Recreation and Parks Mr. Dancs, Assistant City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Yost moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 3-8-99 PUBLIC COMMENTS Mayor Yost declared the Public Comment period open. Ms. Doris Wagner, Mr. John Treadway, and Ms. Cassie Treadway introduced themselves as residents of College Park East. Ms. Wagner said their purpose for being present was to petition the City on behalf of College Park East, believing it is time that the streets of their area be repaired in a way that is commensurate with.the value of the homes and the taxes they are assessed. Ms. Wagner presented petitions bearing the names of residents of the area, stated more would be forthcoming, and requested the status of the streets in College Park East, specifically the cul-de-sacs, more specifically Carnation Circle. Mrs. Treadway noted that some of the primary streets have been repaired over the years, the condition of the cul-de-sacs is an embarrassment, the residents try to maintain their homes, it is understood that such repairs have been brought up before, nothing has been done, and it is now four years later. The Mayor explained that the City now has a Pavement Management Plan where all streets in the City have been prioritized, the District Council representative could share that Plan, a recent Council workshop cited infrastructure as the number one concern, the City may shortly realize somewhat more financial stability, and a decision will need to be made as to what gets repaired first, second, and so on, again suggesting contact with the Council representative. Ms. Wagner surmised from the comments that repair would still be some two years away, however stated this has gone on too long. Mr. Clakel, Rossmoor, said he opposes extending the operating hours for Mr. K's Grill, and was advised he may wish to hold his comments for the public hearing. Mr. Ken Williams, Trailer Park, inquired if the City Manager and City Attorney were familiar with the Covenants for the Trailer Park as there is an issue coming up relating to the new Park owners attempting to raise the rents, that needs to be discussed. Mayor Yost advised that this item will likely be on the next Agency agenda. It was stated the next Agency meeting will be March 22nd, 6:45 p.m. Mr. Reg Clewley, Catalina Avenue, expressed his concern with the recent changes to the agenda, there is no longer a Consent Calendar, items are now being placed under the category of new business, this eliminates public participation on a great deal of the agenda items. He mentioned an ordinance amendment dealing with eucalyptus grove preservation, yet the amendments do not go far enough, a $100 fine for a first offense is not enough, $200 for a second, and $500 for a third infraction, apparently within a month, to which he questioned what constitutes an infraction, suggested the fines should be levied per tree, the cutting of one tree should be an infraction, and in the case of several trees, subsequent violations should carry escalating fines for each tree downed, with possibly a maximum of $10,000 per tree. He stated the public should be afforded public participation or such opportunity under the Consent Calendar process, or, the opportunity for the public to remove items from the category of new business, and there is no remedy other than under the Public Comment process which limits persons to five minutes. Mr. Clewley suggested reconsideration of the recent changes to the agenda format and a guarantee of public participation. Councilman Boyd advised that the Consent Calendar has not been eliminated, there were only a few such items therefore the Consent category was not agendized, the Consent will likely be on the agenda for next meeting even for just a few items. There being no further comments, Mayor Yost declared Public Comments closed. I I I 3-8-99 COUNCIL ITEMS I RESOLUTION NUMBER 4689 - GROUND WATER REPLENISHMENT SYSTEM - PROPOSED Councilmember Campbell requested that Resolution Number 4689 be held over pending the completion of the feasibility study by the Orange County Sanitation District in conjunction with the Orange County Water District. The Council honored the request to hold this item over. RESOLUTION NUMBER 4690 - RED IMPORTED FIRE ANT CONTROL MEASURES - SUPPORTING Councilmember Campbell requested that Resolution Number 4690 be held over as well for the reason that the State Department of Food and Agriculture has not yet determined which method of eradication will be used, once that decision has been made the Resolution will be brought back to the Council. As reported in a news article this date, people do not want aerial spraying as was done in times past, more needs to be known about the types and impacts of the pesticides that may be used. There was no objection to holding this item over. I RESOLUTION NUMBER 4694 - ORANGE COUNTY FIRE AUTHORITY REGIONAL FIRE OPERATIONS AND TRAINING CENTER - SUPPORTING REQUEST FOR FUNDING Councilman Boyd reported that the Orange County Fire Authority, with which the City contracts for fire and paramedic services, has received an offer from the Irvine Company for 16.5 acres of land on which to build a new headquarters, the land having an assessed value of $10 million, however the conveyance must occur before January 1st, 2000, and in order for the Authority to receive this land a site plan must be developed. He noted that the existing facility in the City of Orange is about fifty years old and antiquated. Councilman Boyd explained that the Resolution conveys a request to the State for $3 million to assist with the preparation of the site plan for this facility, also, inasmuch as Seal Beach pays a contract price for fire protection, the more the Fire Authority spends for its infrastructure the more the City would pay, if the State funding is realized, the less burden on the local tax dollar. To a question of Councilman Doane, stated there is no fiscal impact on the City relating to this request, there will be some impact once the facility is approved and constructed. Boyd moved, second by Yost, to adopt Resolution Number 4694 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING A REQUEST FOR STATE FUNDING FOR THE ORANGE COUNTY FIRE AUTHORITY REGIONAL FIRE OPERATIONS AND TRAINING CENTER." By unanimous consent, full reading of Resolution Number 4694 was waive~. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried WAIVER OF FULL READING Doane moved, second by Boyd, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 3-8-99 DEMANDS ON THE TREASURY Doane moved, second by Boyd, to approve regular demands numbered 22412 through 22596 in the amount of $384,077.69, payroll demands numbered 2707 through 2849 in the amount of $144,961.84, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I RESOLUTION NUMBER 4695 - BREITBURN ENERGY CORPORATION - WELL 21 - BOTTOM HOLE LOCATION - EXTENSION OF TIME Resolution Number 4695 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN EXTENSION OF TIME TO APRIL 14, 2000 TO RELOCATE THE BOTTOM HOLE LOCATION OF WELL NUMBER 21 OF THE ALAMITOS LEASE (BREITBURN)." By unanimous consent, full reading of Resolution Number 4695 was waived. Mayor Yost inquired as to the proximity to the plume, and was informed it is considerable distance, the plume nearer the NASA buildings. The City Manager noted that Mr. Anthony, member of the Orange County Water District, has offered to discuss with the City any concerns relating to the plume issue. Yost moved, second by Boyd, to adopt Resolution Number 4695 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4699 - COMPLETION - OFF MAIN STREET PARKING LOT IMPROVEMENTS I SIGNAGE - PROJECT NUMBER 801 The Assistant City Engineer presented the staff report, noted I that the original contract price was approximately $320,000, there were some change orders and deletions, the final cost is $303,000, the project is now substantially complete and any remaining minor items will be completed before the retention is released. He explained that pursuant to law the City holds ten percent of a project cost until total completion which is thirty-five days after the filing of the Notice of Completion, if the minor items are not corrected the City withholds two times the value of the corrections from the retention. Councilman Boyd noted that he had discussed his concerns with the Assistant relating to landscape, lighting, and signage issues, and was assured they would be corrected during the retention period. Councilmember Campbell said upon observing the parking lot she noted that there are no ramps from the front of the handicapped spaces to the sidewalk as there should be inasmuch as wheelchairs are not permitted to go behind cars, therefore the lot is not ADA compliant. The Assistant responded that he believed it is ADA compliant, that issue was looked into and signed off by the design engineer, offered to provide ADA language to the Council, his belief was that there was insufficient space to put in a ramp. By direction of the Council, this item was continued until the I next meeting. PROPOSED AMENDMENTS - EUCALYPTUS GROVE PRESERVATION ORDINANCE Counci1member Campbell noted the reference to the penalty as an infraction, inquired as to the corresponding fine, the response was $100 for a first violation, $200 for the second, and $500 for a third, to which Councilmember Campbell expressed her preference for greater penalties. Councilman Boyd asked if an infraction is defined and applied per grove or tree given the definition of a grove as not less than fifteen trees. The Director of Development Services pointed 3-8-99 I out that this item is submitted as was discussed by the Environmental Quality Control Board, to the issue of whether the penalty should be an infraction or greater, the option would be that it be a misdemeanor, the problem with the misdemeanor is that a penalty is assessed only by going to court, and given the over-burdened court system they typically place a very low priority on misdemeanor violations of Municipal Code provisions, it is felt that the infraction process is a more efficient method of getting the attention of someone in cases where there are violations of the Code. The Director noted that there are only two identified groves of such trees in the City on private and City property, Gum Grove Park over which the City has control, the other is the windrow on the Bixby property along Seal Beach Boulevard, that grove receives an inordinate amount of attention when tree trimming takes place, the City is usually made aware rather quickly and Bixby is aware of the process that they need to go through. He pointed out that as the Code presently exists it does not specify if a violation of those specific provisions is a misdemeanor or an infraction, therefore given the lack of specifying an infraction a violation is automatically a misdemeanor which would require going to court and have a judge impose a penalty assessment, a difficult process, time consuming, and most often a judge will attempt settlement rather appearance. The EQCB is recommending an infraction process. with regard to whether the penalty applies to a single tree or a grove of trees, a grove being fifteen trees of a certain size above ground level, the Director offered that in reading the provisions his interpretation would be that the violation would be the cutting down of one tree of the specified size in a grove. The Manager said the intent of this item is to seek Council direction as to treating a violation as an infraction or misdemeanor. Councilman Snow inquired as to what created the dimension of twelve inches at four and a half feet high, to which the Director stated he was uncertain, it was developed with the original ordinance in the mid-1970's, yet the EQCB seemed to feel that is a fairly standard means of measuring trees that the City desires to regulate. Councilman Snow stated his assumption that this would not take into consideration young trees coming up, to that the Manager responded this is a means of determining when a tree reaches protective status. I Councilman Boyd moved to direct staff to prepare an appropriate ordinance as recommended by the Environmental Quality Control Board, the ordinance to specify that each tree cut down or destroyed would be an infraction, damage to two trees, as an example, would be two infractions, in a case of damage to twenty percent of a grove that would become a misdemeanor, as defined by Section 7D-3(b). Councilmember Campbell seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4691 - AUTHORIZING DESTRUCTION - FINANCIAL RECORDS Resolution Number 4691 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN FINANCIAL RECORDS." By unanimous consent, full reading of Resolution Number 4691 was waived. The Director of Administrative Services presented the staff report, pointed out that this item is the periodic disposal of financial records that are 3-8-99 no longer needed, some records are required to be kept for twenty years, those that are permanent are retained by means of microfilm. with regard to a question as to retention times, the City Attorney confirmed that Seal Beach is in compliance with State law, that law applies to all cities and there are different retention schedules for different types of records. Councilmember Campbell noted that there is often I information on invoices that is not reflected in the general ledger therefore her request would be that paid invoices not be disposed of. The Administrative services Director explained that paid invoices and checks are not the type of documents that are microfilmed prior to disposal, the payables proposed for destruction are prior to June, 1992. It was confirmed that from a historical perspective the paid invoices have no real value. Boyd moved, second by Yost to adopt Resolution Number 4691 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried AGREEMENT REVIEW - ORANGE COUNTY MARKETING COALITION - VEHICLES I TRASH RECEPTACLES The Director of Recreation and Parks noted a request of the Mayor for review of the Orange County Marketing Coalition agreements, one agreement provides five Marine Safety Chevrolet Vehicles for a period of four years, a $78,720 benefit to the City, the second is for one hundred twenty- five trash receptacles with a value of $35 each, the city receives $2,000 in the first year for placement of the receptacles on the beach, the total value to the City in the first year was $6,073, the artwork for the receptacles is reviewed by the Council with the ability to reject advertising that is not deemed to be acceptable, thus far the sponsors have been Mountain Dew, Gotcha, and the L.A. Times. Mayor Yost reported receiving complaints with regard to the trash receptacles and alleged commercialization of the beach, he noted that from first observation the receptacles seemed to be spaced about ten feet apart, to that he inquired if the city has a say as to how many cans and the spacing, also if the vehicle agreement is separate from that for the receptacles. The Director advised that the City does have a say and that the vehicle agreement is separate. Councilman Boyd reported that a bakery has offered to provide the City with blue or white heavy plastic cans that could be used for trash, stated that putting cans on the beach with the Times advertising is not a great personal issue to him however he has received a number of complaints, primarily from residents of Seal Way and Ocean. Councilman Boyd expressed concern that the City is getting one hundred twenty-five cans, there are an approximate three thousand beach visitors on a warm day, yet the City is receiving only $2,000 and compared that to a full page newspaper ad of $800 or more, suggesting that if someone wants to advertise on the beach they should pay the price for doing so, again referring to the bakery offer of plain cans, as many as the City would like. Councilmember Campbell mentioned a news article the prior day relating to the beach advertising rights sold by Huntington Beach to Coca Cola, Huntington is getting $300,000 per year and once a year for the next ten years Coke will refurbish one of the City's parks. To a question of Council, it was explained that a wave runner is similar to a jet ski, a safety vehicle that allows the lifeguards quick access to persons in the water. Councilmember Boyd inquired if it is possible and what would be the process to cancel the trash receptacle agreement. The Director stated she would need to research the question, the I I 3-8-99 I initial contract was for five years with prOV1S1on for a five year extension. Mayor Yost said he did not believe that Huntington Beach understands the full implications of their action for a number of reasons, Coke would likely be required to sponsor events such as a marathon, they will probably be required to provide drinks for City sponsored events as well, and for a cost. He spoke for removing the L.A. Times receptacles from the beach and that the agreement be researched, his preference would be to see the beach void of advertising. Councilman Doane cautioned against any breach of the contract. Councilman Boyd moved to direct staff to review the agreement and provide options for discontinuing the contract for beach trash receptacles. He noted that if the contract can be discontinued he would work with staff to provide the heavy plastic cans for refuse disposal. Mayor Yost seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I RESOLUTION NUMBER 4692 - STREET CLOSURE - PACIFIC COAST HIGHWAY/MAIN STREET - ANTIQUE CAR SHOW Resolution Number 4692 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 4692 was waived. Boyd moved, second by Doane, to adopt Resolution Number 4692 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried AGREEMENT - ARMORED CAR TRANSPORT SERVICES Boyd moved, second by Yost, to approve the agreement with Sectran Security, Inc. to provide armored car pickup service for the City's daily cash deposits and parking meter coinage, subject to approval by the City Attorney. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ORDINANCE NUMBER 1435 - REDUCED BUSINESS LICENSE FEE - PERMITTED HOME OCCUPATIONS - QUALIFIED SENIOR CITIZENS Ordinance Number 1435 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 11-33 OF CHAPTER 11, ARTICLE II OF THE CODE OF THE CITY OF SEAL BEACH REDUCING BUSINESS LICENSE FEES FOR CERTAIN QUALIFIED SENIOR CITIZENS ENGAGED IN PERMITTED HOME OCCUPATIONS." By unanimous consent, full reading of Ordinance Number 1435 was waived. Boyd moved, second by Doane, to approve the second reading and adopt Ordinance Number 1435 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried APPROVAL OF MINUTES Approved the minutes of the December 14, 1998 regular meeting and the January 5, 1999 regular adjourned meeting. 3-8-99 AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Yost None Snow Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 99-1 - HOURS OF OPERATION - MR. K's AMERICAN GRILL Mayor Yost declared the public hearing open to consider an I appeal of the Planning Commission approval of Conditional Use Permit 99-1 with regard to hours of operation for Mr. K's American Grill. The City Clerk certified that the notice of public hearing had been advertised and mailed as required by law, and reported no communications received relating to this item. The Director of Development Services presented the staff report, explained that the applicant is appealing the hours of operation that were recommended by the Planning Commission, the property in question was most recently operated as Tortilla Beach on Seal Beach Boulevard just northerly of Spaghettini's Restaurant, the site has been vacant for approximately three years, is proposed to reopen as Mr. K's American Grill, and noted the Council had been provided with the detail of proposed interior and exterior modifications/improvements to the building. The Director reported the applicant had requested to operate the restaurant from 11:30 a.m. until 1:00 a.m. daily, at the Planning Commission hearing staff recommended hours of operation from 11:00 a.m. to 11:00 p.m. daily, the reason being that those are the hours allowed by the Conditional Use Permit for Spaghettini's. He noted that the Planning Commission had basically two different thoughts as to how to treat the hours issue, one was to allow the business to operate at maximum the flexibility felt appropriate by the I Commission during the start-up period, if that became a problem then at the six month review the City could restrict the hours to something less, the other thought was basically opposite, to restrict the hours tightly for the first six months of operation then upon review if that did not seem to be an issue the Commission could consider expanding the hours of operation, the Commission ultimately determined to impose the 11:00 p.m. closing hour, the applicant feels that is too restrictive for his operation and to make the restaurant profitable for himself and the City. The Director pointed out that the report from staff provides the discussion of the Commission, and the three basic findings that are necessary for a Conditional Use Permit, the first, is the use permitted in the zone, the answer being yes or the application would not have been considered by the City, the second, is the use compatible with the General Plan, it is, the property is in a General Commercial Zone, the use of restaurant is permitted subject to the issuance of a Conditional Use Permit, and lastly, is the use compatible with the surrounding area and the community in general, that the issue that the Commission dealt with as to the hours of operation. He mentioned that no individuals spoke in opposition to the request before the Planning Commission, rather, it was primarily the concern of I the Commission as to how this business operation should be handled, somewhat of a mid-point between what the applicant is requesting and the recommendation of the Commission as to the hours of operation, possibly 11:00 a.m. until midnight, Sunday through Thursday and 11:00 a.m. to 1:00 a.m., Friday and Saturday, with additional conditions for consideration relating to landscape improvements and a contribution of funds for a City entry identification sign. It was noted further that the Resolution presented would be applicable if the determination is to support the recommendation of the Planning Commission with the 11:00 p.m. closing hour, an 3-8-99 alternate Resolution presented as well should the decision be to support the alternative position and conditions provided in the staff report. I Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Ron Bradshaw, representing the Bixby Ranch Company, the owner of the property on which the applicant has a lease. Mr. Bradshaw said he was present to speak in support of the request of the applicant, the hours of operation required by the operator to be a successful restaurant operation in an area that is catering to patrons who have other opportunities, as the property owner the desire is that this be a successful operation not only for the Bixby Office Park but also to be in keeping with the concept of the restaurants that will be incorporated into the Old Ranch Master Plan that will be forthcoming in the near future, he would trust that the City shares the same point of view for success of any business venture within the City. Mr. Bradshaw pointed out the fact that there was a lack of negative input from either written or public testimony, the fact that the Spaghettini's Restaurant has operated at that location for over twelve years with very little public comments or issues brought by the Police Department, and no creation of public nuisance that would require extraordinary enforcement. He mentioned that Bixby has long been looking for a proven operator, three years was mentioned, but actually Bixby held off on putting an operator at this location once work on the Master plan was commenced because of wanting to make sure this would be a proven operator and would fit in with the concept of development in that area, there have been a number of interested parties, some were more of a night club or bar concept, some fast food, others just did not fit. Mr. Bradshaw offered that Mr. K's does fit into the concept and is believed will be an asset to the City, to the development, support of their request is encouraged, also, because the issue is extending the hours, in terms of what has been previously approved in the area, his belief is that the concern of the Planning Commission was that they would be extending or offering to an operator hours that were not consistent with what has been granted in the past. Mr. Bradshaw suggested that a policy statement of consistency be adopted for all of the restaurants that exist and will exist in the future that lie within the Boulevard area between Old Ranch parkway and Lampson Avenue, a maximum of four restaurants, two at the Bixby Office Park and the two restaurant pads on the golf course side between Lampson and the freeway. He noted that he has been made aware that Spaghettini's has been operating beyond the limits of their 11:00 p.m. CUP yet there is no question that they operate a good, clean operation, they do not require any undue enforcement, it is believed they are an asset to the City, therefore there should not be punitive action against that business but what should be done is bring them into compliance, and this would be an opportunity to do so, approve the extended hours for Mr. K's then allow Spaghettini's the same consistency of operating hours. In defense of Spaghettini's he said the property management group has said on a number of occasions that when people are looking for the Bixby Office Park they identify with Spaghettini's, they are a top restaurant in Seal Beach, certainly in gross revenues, and they should be encouraged as long as they stay within the good grounds of operation, by staying open beyond 11:00 p.m. it is expected their break between food and alcohol sales is still within the seventy to I I 3-8-99 thirty percentage range, and may be even greater with their lunch business, in other words, first they are an eatery, secondly they serve alcoholic beverages, and for anyone who has been in that high end business they know that when it is 11:00 p.m. you do not require the patrons to leave, they are typically repeat customers, you need to take care of them so that they will come back, that has been much of the success I of Spaghettini's. In reference to their operation of the Chanteclair in Newport Beach, Mr. Bradshaw pointed out that it is known they stay open later than 11:00 p.m. yet it is one of the top eateries, it is believed that Mr. K's will bring the same kind of success to Seal Beach as Spaghettini's has. He spoke in support of approval of the hours requested by the applicant and that consideration be given to bringing the existing and future restaurants into the same compliance. Mr. George Kookootsedes, the appellant, stated that he and his family are the operators of the Chanteclair, the Trocadero, and would like to be the operators of Mr. K's American Grill in Seal Beach. Mr. Kookootsedes said he is the third generation restauranteur, one of the things that has defined the career path in the restaurant business is the desire to be clearly intertwined in the communities in which they do business, his family moved to California some fifteen years ago with the expectation of bringing what had been learned in Ohio and that which his grandfather had brought to America from Greece, that with the idea of being able to explore the opportunities that exist here, stating that they have enjoyed the time spent in California and the relationship with the communities in which they are involved. I Mr. Kookootsedes stated it took them a long time to identify where they would like to grow next, the location on Old Ranch Parkway is one that is felt to be a good choice for their kind of restaurant and operation, their principal customers are not bar customers, night club people, or dine that late as was sensed at the Planning Commission, they tend to be locals and rely on the restaurant to be open certain hours for dinner, a drink, and then go home, in addition, they appeal to business clientele, the Chanteclair is somewhat of a business restaurant, it does stay open past 11:00 p.m. on occasion because they have major customers who have dined in the restaurant and extend their evening to complete a business transaction in the restaurant, from that the restaurant benefits. Mr. Kookootsedes expressed belief that their request for hours of operation is reasonable and the closing hour will not be one that they will regularly stay open until however they want the ability to stay open when the need arises, in his opinion they will close most of the time before 1:00 a.m., yet for the customers that may be in the restaurant, for the success of the restaurant and the City, it is important that they have that opportunity. Mayor Yost invited members of the audience wishing to speak to this item to come to the microphone and state their name I and address for the record. Mr. Dick Lakle, Rossmoor, his home backs to the area under discussion, acknowledged that Spaghettini's is a good restaurant yet four to five times he has called them due to noise, they have been gracious, apologized for the inconvenience, and have taken care of the problem. Mr. Lakle said he starts work about 5:30 a.m., goes to bed somewhat early, when he hears engines and horns about 11:00 p.m. for approximately fifteen minutes that is not necessarily bothersome, however if this is going to be duplicated at 1:00 a.m. he may be upset, he has knowledge that the City does have noise abatement laws, there may be 3-8-99 I additional police services needed, it is understood that they will also have a patio where there may be music. To the comment that there had not been opposition at the Planning Commission, to his knowledge no one knew about this consideration or they may have expressed an opinion. Mr. Lakle was asked for one issue with Spaghettini's that he could site and what hour he believes they close, to that Mr. Lakle responded the periodic music or noise and about 11:00 p.m. Mr. Reg Clewley, Catalina Avenue, said he supported CUP 99-1 at the Planning Commission, then a day or two later there was an incident that made him rethink his position, the incident involved the Orange County Sheriff's Department following burglary suspects from the Rossmoor area, the suspects eventually rammed their vehicle into the proposed Mr. K's restaurant. Mr. Clewley said by allowing a 1:00 a.m. close of operations it creates an unnecessary and unwarranted risk on the people of Rossmoor, the parking situation is handy from a thiefs point of view, the cars from the restaurant may not be expected to be totally gone until 2:00 or 2:30 a.m., which is more than adequate cover for someone interested in criminal activity in Rossmoor. He spoke for denial of the appeal and that the 11:00 a.m. to 11:00 p.m. hours of operation be applied. By consensus of the Council, a brief recess was called at 8:20 p.m. The Council reconvened at 8:25 p.m. with Mayor Yost calling the meeting to order. I Mr. Walt Portman, Pansy Circle, questioned if this is to be a restaurant or a bar, after 11:00 p.m. does not seem to be a time that people are going out to dinner, and expressed his opposition to a later closing. Ms. Donna McGuire, College Park East, objected to a late closing, said she supports the restaurant however after 11:00 p.m. believes it becomes a bar. She stated she has no neighbor that wants this, Spaghettini's is known as a destination point by being just off the freeway, there are people from the area and outside that will be leaving the area that have been drinking, it is a busy intersection, one of the busiest freeways in the world, an additional hazard is not welcome, it is believed the people of College Park would prefer a 10:00 or 11:00 p.m. closing, the restaurant will profit, of concern is the potential for accidents keeping in mind the driving of her own children, there is also the unknown factor of more development, and if something should happen to the Mr. K's restaurant, another restaurant can be found, whether Bixby makes money should not be a factor. Mr. Kookoostedes responded that Mr. K's is a restaurant, offered that they have never owned a restaurant whose food sales are less than seventy percent of total revenues, hours of the Chanteclair and Trocadero have more to do with allowing the people in the restaurant the opportunity to conclude their business, the request is that there not be a mandate that patrons must leave the restaurant at a certain time. Mr. Bradshaw said with regard to progress in terms of activity that will occur relating to the Old Ranch Towne Center development, the lawsuit has slowed the process somewhat yet things are going forward, grading plans are ready, the archaeological group is reviewing the site, the Corps of Engineers has been contacted for the 404 permit for the drainage channel, meetings have been held with the tree committee, an arborist has been retained to do an assessment of the grove and all of the trees, given good weather it is predicted that there could be ground breaking in about three I 3-8-99 weeks, asbestos has been removed from the pre-1980 bank building, that building will be razed as soon as a permit can be obtained from the City. It is felt to be in the best interest of Bixby and the City and the identified tenants that are forecasting an opening to go forward, it is felt also that Mr. K's will fit in well with the overall development plan, it is uncertain that delaying action on I their request based upon what happens in the future would have any major impact. It was clarified that the proposed location of Mr. K's is in Council District Two, confirmed that no entertainment permit has been requested nor does the CUP allow dancing, reported that there is likely more than seven hundred employees at the Bixby Office Park, and as to the trees and wall that separates the Office Park from Rossmoor, the wall was reported to be twelve feet in height. Councilman Boyd noted his recent objection to the length of the bar area initially proposed for the Hennessey's remodel which was ultimately reduced from thirty-two to twenty-eight feet and will seat twenty to thirty people, and to a question of the applicant for Mr. K's reported the response was that the bar seating will be about twelve. Councilman Boyd suggested a Condition 31 to provide a reasonably small, tastefully worded sign at the entry door to request that exiting patrons be mindful of noise disturbances of neighboring residences. Mr. Kookootsedes said there would be no objection to the condition, however felt it should be applied uniformly. Noting that Hennessey's was the latest restaurant use to go through the process, Councilman Boyd mentioned that many of the conditions placed on that business have also been applied to Mr. K's, one being the requirement for audit to assure that the requirements as a bonefide I eating establishment are met, the applicant to be obligated for the cost of same not to exceed $3,000. Councilmember Campbell stated that the residents in the northerly portion of the City do not want bars as does not downtown, her preference would be an ordinance requiring a 11:00 p.m. closing, this is a residential area, it is not right for noise generated from a restaurant to wake surrounding residents, and claimed that any such operation that is open past 11:00 p.m. is a bar. Councilman Doane said he felt that some of the important problems that the City is facing are being missed. He claimed that because of past actions the City has earned the reputation of being anti-restaurants, as an example, there is a successful restaurant now operating in the Market Place that first looked to locate in Seal Beach until they learned of the City's reputation. Councilman Doane pointed out that the City still faces financial problems, restaurant business is at the top of generating revenue, the more restaurants there are the more people that will say Seal Beach is a great place to eat. He recalled hearing anti-restaurant and anti-bar discussions for years, there were those who even claimed that BJ's was a bar, this reputation must be erased. Councilman Doane cited Mr. Kookootsedes as the operator of two of the best restaurants, I he now wants to bring one to this City yet limitations are being placed on this business that would not be faced in another community, and stated he does not want to see good restaurants that want to come into town having to go elsewhere because of limitations that are not conducive to the restaurant business, the applicant knows what is needed to operate successfully, the City needs him to operate successfully so that needed revenues are generated, citing the College Park residents who just asked when their streets are going to be paved, the answer, when there is money to do so. 3-8-99 Councilman Doane moved to adopt the proposed Resolution for a 1:00 a.m. closing on Friday and Saturday and a midnight closing Sunday through Thursday. Councilman Snow seconded the motion. I The Mayor asked the hours that Spaghettini's is actually open, is there any documentation, to that the Director of Development Services responded there is nothing that staff is aware of, there have not been complaints, their closing hour is supposed to be 11:00 p.m. however there have been comments that they are open until midnight. The Mayor asked also how many complaints have been lodged with the Police Department over the past twelve years. The Director noted that the staff report reflects information relating to crimes in reporting districts, the district Spaghettini's is in is also the Office Park, most of those statistics are ones where there may be an arrest yet the crime may have taken place elsewhere, there are few crimes in that district, believed to be possibly five in the past year. Mayor Yost offered that the Council had made a decision to go forward with the Bixby project, it is essential to assure that that decision is successful, yet there needs to be respect for the people who live in College Park East and Rossmoor, his preference would be to see guidelines for all of the restaurants in the area as two new restaurants and the Towne Center are coming, there is need for the revenue they generate, that is needed if the infrastructure is going to be dealt with, agreed that it is necessary to attract businesses and be business friendly yet while being respectful of the nearby residents. Mayor Yost said his preference would be a midnight closing. Councilmember Campbell suggested a trial of a midnight closing for a period of six months. Councilman Doane said he felt what is proposed is a good package as far as what it will do for the City, and would accept a six month review as part of his original motion. Councilman Boyd pointed out that the CUP is for a period of six months therefore it will receive automatic review. To comments of Councilmember Campbell, Councilman Boyd said he wished to respectfully disagree, his feeling is that that area of the Boulevard is not a residential area, there are some Rossmoor homes that back to the Office Park, that area is considerably different from the downtown, Main Street area, it is remembered that a few years ago Main Street was an area that was nearly blighted, the occupancy rate was low with numerous vacancies, today as a restaurant or business leaves the vacancy is filled within three months at a rate of upwards of $2 per foot. He pointed out that the Seal Beach Boulevard location proposed for location of Mr. K's was vacant for three and a half years, which makes no sense, and agreed with Councilman Doane that that is due to irresponsive planning by past decision makers to not work with Bixby to fill that vacancy. His feeling is that the Office Park with its seven hundred employees is under served by restaurant services, an example, lunch hour patrons of Spaghettini's either need reservations or will face a wait. Councilmember Campbell offered that she has no problem with the restaurant, it is the closing hour, and it backs to the residential area of Rossmoor. Councilman Boyd again noted that this is a six month CUP, the same kind of conditions are being applied as was imposed on Taco Surf in Surfside where in that case the business is just sixteen feet away from residences, he made reference to the condition relating to litter and trash receptacles that prohibits outdoor dumping between the hours of 10:00 p.m. and 7:00 a.m., that the same kind of condition imposed on downtown restaurants to avoid evening noise. To a question of I I 3-8-99 Council, the City Attorney confirmed that the Council could, by separate motion, direct staff to consider the consistency matter as suggested by Mr. Bradshaw. Councilman Boyd read two additional conditions that the applicant has agreed to, a landscape improvement plan for the frontage along Seal Beach Boulevard and a contribution of $12,500 to a freeway off-ramp entry monument sign. The appellant confirmed that the estimated cost of renovation of this facility is $1 million. I Boyd moved, second by Doane, to conclude discussion of this item. AYES: NOES: Boyd, Doane Campbell, Snow, Yost Motion failed Mayor Yost said no matter what this restaurant is allowed the fact is that Spaghettini's has a 11:00 p.m. closing hour, to which he asked if the intent is to then amend their CUP to allow 1:00 a.m., also, there will be two additional restaurants across the street, will they too be allowed 1:00 a.m., allowing 1:00 a.m. would be precedent setting for the others, his preference would be midnight and applied to all. Councilman Boyd inquired of the applicant if he was willing to accept a midnight closing daily, to which Mr. Kookootsedes he was not should all other conditions remain in tact. To question of what he would desire to be changed, Mr. Kookootsedes responded that it would be the condition for contribution to the monument sign, that is something that was not disclosed initially, they are willing to make an investment in Seal Beach in consideration of the fact that they want to be successful in Seal Beach and be part of the community, adding that he did not feel their request was unreasonable for what they believe are necessary operating hours for success, which is also success for the City. Councilman Doane responded in the negative to a question of amending his motion to reflect a midnight closing hour daily if the monument sign donation condition is eliminated. Councilmember Campbell again stated that the 1:00 a.m. closing would be precedent setting, would apply to the existing and proposed for a total of four restaurants at that intersection which could mean considerable exiting traffic at 1:00 a.m., and of particular concern is the traveling through the Seal Beach Boulevard and Lampson Avenue intersection by young, teenage drivers, again supporting a midnight closing. Councilman Doane objected to the painting of a scenario of droves of vehicles leaving the restaurants at 1:00 a.m., citing the fact that restaurants are not full until either midnight or 1:00 a.m. closing. Councilman Boyd referred to his experiences as a patron of the Chanteclair, usually in late evening hours after or due to other commitments, on those occasions there have been a number of notable persons in the restaurant, it is not felt that Mr. K's will have the same type of traveler traffic yet likely business people who are enroute home at a late hour, that would be more common to Monday through Friday customers, and pointed out once again that 1:00 a.m. would be Friday and Saturday only with a midnight closing the remainder of the week. Councilman Boyd made mention of the Hellman project, the golf course area that will have a restaurant facility and most likely will host banquets and weddings from time to time, to which he inquired if they too would not be allowed to remain open until midnight or 1:00 a.m., suggesting that conditions can not be applied equally citywide as the community is different and very diverse. Councilmember Campbell argued that if there is a restaurant in the middle of the golf course that I I 3-8-99 I is sufficiently far enough away from homes, as is the Old Ranch Clubhouse, her concern is that this restaurant backs to the Rossmoor homes, complaints have been received also from residents of the condominiums to the north with regard to noise from a fast food establishment. She stated her belief in representative government, she represents her people, they have contacted her and asked that she not support the request to be open until 1:00 a.m. The City Attorney noted considerable discussion relating to other locations, advised that this item will not set a precedent, each property is unique unto itself, however if staff is directed to come back with uniform regulations that will then establish a precedent, at this point this application will have no impact on any other property. He pointed out that there was an additional condition proposed by Councilman Boyd relating to a sign at the entry/exit of the restaurant relating to control of exterior noise to be made part of the motion, and it was noted that the provision for audit was covered by Condition 16, also, the applicant has gone on record as accepting all conditions provided there is approval of hours of operation of 11:00 a.m. until midnight Sunday through Thursday and 11:00 a.m. until 1:00 a.m. on Friday and Saturday. I Vote on the motion to sustain the appeal, approving the hours of operation as stated by the City Attorney, and additional conditions proposed by staff and Councilman Boyd, by the adoption of Resolution Number 4693 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION APPROVAL OF CUP NO. 99-1 AND REVISING THE PERMITTED HOURS OF OPERATION, PERMITTING AN ALCOHOL-RELATED LAND USE AT 3001 OLD RANCH PARKWAY (MR. K's AMERICAN GRILL)" as amended. By unanimous consent, full reading of Resolution Number 4693 was waived. AYES: NOES: Boyd, Doane, Snow Campbell, Yost Motion carried I CITY MANAGER REPORT The Manager recalled a recent request of Council that the City convey to Comcast Cable requests that have been made by residents through them for added programming to their lineup, the written response of Comcast was that the three channels listed in the City's letter would result in increased costs to all Seal Beach customers whether they requested the channels or not. He said it is the intent of staff to make Comcast aware of any such requests so that they know what would be popular with some viewers, this serving to some degree as an informal customer survey, and pointed out that the City can not control programming pursuant to the Federal Communications Act. With regard to the issue of the Consent Calendar, there is a misconception as to what items public comments can be made, the Consent Calendar is merely items approved by one motion and has no effect on what the public may comment on, in fact at the discretion of the Council comment can be made to any item, Consent items are typically those that are routine and most often do not require either public or Council comments, in the future members of the Council may request that routine items be placed on Consent. PUBLIC COMMENTS Mayor Yost declared Public Comments open. Ms. Kathleen Evers, Wisteria Street, mentioned that last fall the Army Corps of Engineers provided documentation that the Balsa Channel behind their home was going to be converted to a 3-8-99 concrete channel rather than the rock channel, this in hope of reducing the potential for flooding, as happened to some properties north and northeast of the College Park East area a few years ago. In response to the notice there were comments returned to the Corp by several in objection to cementing this Channel, there was also information relating to environmental impacts and endangerment of species by disturbing their habitat, it is uncertain as to what kind of observation was made as there is multiple water foul in and around that Channel, hawks, brown pelicans, ducks, herons, terns, egrets, geese, etc., a concern also that the cementing of the Channel will provide an easy access for unwanted persons, there is concern with graffiti, the environment, safety of children, decrease of property values, etc. Ms. Evers expressed her concern that this project has been pushed through, there was no response, no further notice, at this point the adjacent residents do not know where to turn. Councilmember Campbell recalled that during the rains that had been referenced the Channel to the north of Lampson did have some flooding, south of Lampson the Channel is wider and the waters did not rise so much. There was further comment from the speaker that she had video taped portions of that rain storm, confirmed that there had been spillage northward in Garden Grove and Los Alamitos, that is where improvements need to be made, that the Channel is much wider south of Lampson and again wider on the south side of the freeway where it also goes into a dirt water bed. Councilmember Campbell inquired if there is any way of having the subject section of the Channel reviewed again. The Director of Development Services said he would need to review the matter with the City Attorney, noted that the Corps had sent information, there was a negative declaration circulated, the City commented on that document, it is uncertain at this point what steps the City could take yet offered to explore the matter. Mr. Reg Clewley, Catalina Avenue, requested clarification from the City Manager to an apparent difference of opinion. He said by placing all of the agenda items under the category of New Business gives the Council too much discretion as to whether public comments are permitted, there are items that should continue to be placed on the Consent Calendar where, until the last meeting, the public had the opportunity to remove fro~ the Calendar and speak to any item thereon, it appears that opportunity is being eliminated, claiming that on occasion there have been items that should have been placed on the Consent that intentionally were not. At this meeting he said he did not hear an invitation to the public to speak to New Business, questioned hearing the matter of Mr. K's at this meeting, suggesting that the Council should first be addressing issues that the Planning Commission proposes in the order of importance, making specific reference to the issue of rear yard decks, which he deemed to be a safety issue and should be postponed no longer. With regard to the public comment issue, the City Attorney offered that it has been traditional for this City, and required by the Brown Act, to allow any person to speak to any item on the agenda, the Brown Act requires that prior to the Council making a decision public comments be allowed, that opportunity is provided under Public Comments. With regard to the Consent Calendar items, the Attorney noted that there is no law that requires a Council to allow persons to pull items from the agenda, however because of this City's Council consideration of the public they have often honored their wishes, yet there is no legal requirement to pull items from the Consent Calendar because a member of the public wishes an item pulled, the opportunity to speak to any and I I I 3-8-99 all items on the agenda is afforded under Public Comments. There being no other speakers, Mayor Yost declared Public Comments closed. I COUNCIL ITEMS Councilmember Snow stated his agreement with some of the actions taken by the Council at this meeting, the longer he is in the organization the more it is appreciated, and he will have further comments in the future. Councilman Boyd said he felt there has been sufficient discussion regarding the return of the Consent Calendar. He announced his town hall meeting for the following day, Tuesday, March 9th, 7:30 p.m. in Council Chambers. He wished all a safe St. Patrick's Day and acknowledged Chief Sellers and Captains Maiten and Schaefer for their coordination of efforts with the business community with regard to St. Patrick's Day festivities. Councilman Boyd noted the next City election will be less than a year from this date, that will be the Statewide Primary, election for Councilmembers and Clerk, also mentioned a prior request to consider certain Charter amendments, he has two others, one is to Section 1010 relating to public works contracts, presently limited to an expenditure of $5,000 or less without formal bid, the proposal would be a limit of possibly $15,000 to $20,000, also possible amendments to Sections 406, 604(bl and (cl, 701, and 707 relating to the appointment or termination of department heads subject to City Council ratification. He suggested the appointment of a Council ad hoc committee to work with the City Attorney to review these and other Charter amendments, and report back to the Council. Councilmember Campbell thanked Girl Scout Troop 1282 for attending this meeting, also announced that it is Girl Scout cookie time and encouraged all to support their fund raising efforts. Mayor Yost noted that the $5,000 expenditure limit is not a lot of money, about half the cost of building a monument sign at the College Park East entrance, and in jest it was pointed out that it would also have to be put to bid. The Mayor announced that the rear yard deck issue will be considered in a month, thanked Mr. Gordon Duff, a marine biology teacher at Los Alamitos High School and head of an environmental club consisting of high school students that do water quality testing at the mouth of the San Gabriel River, to which Mayor Yost said he has posted the data collected from October 6th thru February 22nd on his web page, Mr. Duff had requested that a statement be made that this is not data from an official governmental agency, however mentioned with cross checking the data appears to be very accurate, to that the Mayor said the first step in trying to fix something is to determine just how bad the problem is. Mayor Yost mentioned that the City of Los Alamitos has been formally requested to provide any and all environmental information with regard to the expansion of Ganall Lumber and the relocation of Plow Boys, and said he looks forward to the completion of the Bixby Towne Center. He mentioned also the sale of the Trailer Park, one meeting has been held with the new owner, a meeting is also scheduled for March 27th at 10:30 a.m. with the Park residents, stating the Trailer Park is a special place with special people. To a question of Council, it was confirmed that the Council agendas are shown on the web page. Councilman Boyd asked if it would be possible to include the staff recommendation on the agenda for information of the public with regard to items of New Business. I I CLOSED SESSION The City Attorney announced that the Council would meet in 3-8-99 / 3-22-99 Closed Session to discuss the item identified on the agenda, a conference with legal counsel with regard to one potential case of initiation of litigation pursuant to Government Code Section 54956.9(c). By unanimous consent, the Council adjourned to Closed Session at 9:36 p.m. and reconvened at 9:49 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had discussed the item previously identified, the Council gave direction to the City Attorney, no other action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:50 p.m. clerk Approved: ~ Mayor Attest: I Seal Beach, California March 22, 1999 The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Badum, Director of Public Works/City Engineer Ms. Stoddard, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Campbell requested that Items "G, H, and I" be removed from the Consent Calendar for separate consideration. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried