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HomeMy WebLinkAboutCC Min 1997-11-24 11-24-97 Seal Beach, California November 24, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Counci1members Brown, Campbell, Forsythe, Fulton I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA By unanimous consent, the Council approved the order of the agenda as presented. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the item listed on the agenda, a conference with the City's labor negotiator with regard to Executive Management/Mid-Management; Confidential/ Supervisory/Professional/Technical Employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at 6:32 p.m. and reconvened at 6:50 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported the Council had met in Closed Session to confer with the labor negotiator regarding employee negotiations, no action was taken. I ADJOURNMENT By unanimous consent, the meeting was adjourned at 6:50 p.m. Attest: clerk Approved: I 11-24-97 Seal Beach, California November 24, 1997 I The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Chief Sellers, Police Department Mr. Badum, Director of Public Works/City Engineer Mr. Dorsey, Assistant to the City Manager Ms. Beard, Recreation Director Mrs. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Campbell requested that Item "L" be removed from the Consent Calendar for separate consideration. Brown moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PRESENTATION Ms. Harmon, member of the Historical Society Board of Directors, announced the winner of the second annual Historical Society Photo Contest, Lisa Woodruff, for her photo entitled 'Red Car Next Stop Seal Beach', a black and white hand tinted print. As Chairperson of the Contest she announced that all of the photos are on display at the Red Car Museum. PROCLAMATION Mayor Hastings proclaimed the rema~n~ng holiday months of 1997 and all of 1998 as "Buckle Up For Life Challenge." I PRESENTATION - BEACH NOURISHMENT Mayor Hastings reported that a press conference had been held on Thursday with regard to the upcoming delivery of sand at which it was described how the sand acquisition was accomplished, then the Naval Weapons Station was visited to observe the transport trains, the conveyor belts, landmovers, dumping pit, etc. The Mayor introduced Mr. Chris Webb, Moffat & Nichol Engineers, an authority on sand replenishment/beach nourishment and wave actions, whom she had invited to make a presentation for the interest of the public as was done on Thursday. Mr. Webb extended congratulations to the City upon their receipt of sand, an effort to revive the condition of the beach. Mr. Webb reported the involvement of his firm with the City over a number of years to study the beaches and beach replenishment efforts as solutions to the on-going sand erosion problem. 11-24-97 The City of Seal Beach, north of Huntington, south of Los Angeles, is an area open to exposure of waves coming directly from the west, wintertime storm waves, those can cause havoc to the shoreline, particularly in the case of a narrow beach, the area also exposed to wave energy from the direct south, waves from other directions are partially sheltered by the islands therefore not quite so threatening. He noted the beach area is about a mile long, separated by the pier, the difference between the east and west beaches is significant, primarily caused by waves interacting with the jetties at the outer Anaheim Bay and the resultant movement of sand. This is referred to as a pocket beach, different from the broad sandy beaches such as Bolsa Chica or Huntington, a pocket beach receives very little sediment from outside its boundaries, primarily contained within physical boundaries, natural headlands or points, in the case of Seal Beach artificial headlands are formed by the jetty at outer Anaheim Bay and at Alamitos Bay and the San Gabriel River, explaining that Seal Beach used to receive sediment traveling along the shoreline from the Los Angeles River, the San Gabriel River and from the Santa Ana River during different seasons, yet when the harbors were put in on either side of the City the jetty structures blocked sand from moving laterally along the shoreline, therefore there is very little sand coming in from other areas, a little from the San Gabriel, but for the most part it is from beach replenishment trucked, dredged, or in this case arriving by rail from palmdale. Mr. Webb referred to the concrete structure under the pier called a groin, constructed by the federal government to help alleviate the erosion problem caused by the affects of the installation of the jetties at Anaheim Bay. He said the net effect on the east beach is a steady loss of sand every year on average, caused by the fact that as waves from the south approach Seal Beach they crest and stretch from west to east and propagate towards shore, the majority of the wave passes towards the beach unaffected by the jetties however as the portion of the wave crest to the east comes in contact with the jetty at Anaheim Bay it is then reflected by the jetty back towards the east beach, that reflective wave then, as it is moving toward the northwest, combines with the next incoming wave to create a combined wave that is higher than the regular incident wave that comes through unaffected, and produces more energy than the regular incident wave, therefore with more energy and wave height it picks up sand from east beach and carries it in the direction of the propagating reflective wave which is from southeast to northwest, after hitting the shoreline it is pushed towards the west, thus, the sand at Seal Beach moves basically from east to west along the shoreline, pushed by the reflective wave. At about the center of east beach the sand gets narrowed and carried, some trapped by the groin at the pier while a large portion goes around, under, and over the groin to west beach, it is trapped by the jetty near the San Gabriel River, which results in we~t beach receiving the nice white sand at the expense of east beach, east beach then gets narrower and lower over time, the resulting effect is that when waves come in that are higher than average, coupled with high tides, flooding then occurs over east beach, and homes along Seal Way are threatened with high water levels. Mr. Webb projected slides of wave actions, flooding, pooling and resulting impacts from the September 26th storm activity. He described what the City has done to address the problem such as bringing in sand from other sources to nourish the beach, in the 1990's there were two such projects whereby sand was brought from the Santa Ana River, a total of about thirty I I I 11-24-97 I thousand cubic yards trucked in, dumped on the 10th Street parking lot where scrapers then picked up the sand and transported it to the easterly area of the beach, even though those projects were not of a great magnitude they were timely and allowed the east beach to remain dry, free of flooding. At that same time, 1995, the City authorized application to be made to the State Department of Boating and Waterways for Beach Erosion Program funds, a seventy-five percent contribution for a worthy project to alleviate beach erosion, the State in turn awarded the City about $800,000 to do a project. He noted the City was considering taking sand from outer Anaheim Bay that generated from Surfside, that a fairly good source and the basis for the grant application, however while the State was deliberating whether to make the award there was an effort made to find other sources of sand, that with the knowledge that there was a rail line that came into the Weapons Station, a feasible way to get sand to the City from a further distance without trucking it in, to that a quarry in palmdale made contact with the City and reported they had an endless supply of sand of whatever quality desired, it was looked at and determined to be a better quality than the sand from outer Anaheim Bay. He explained that to accomplish beach replenishment the quality of sand is at least as important or more so than the quantity, the quality is basically the size of the sand grains, and since there is high wave energy on the east beach, the type of sand that would tend to remain on that beach is sand of large grain and heavy, therefore harder for waves to pick up and transport, and pointed out that the sand on east beach is quite coarse yet it is fine grain on west beach, that sand previously carried from east beach. Samples were taken from outer Anaheim Bay, Palmdale, and east beach, they were compared, what is on east beach now is between a forty to fifty grain sieve, typically medium coarse sand, that was compared to the palmdale sand, fifty percent of the sample coarser in grain size than the sample from east beach, the palmdale sand found to be a good quality for beach replenishment here, sixty percent of the sand from outer Anaheim Bay is smaller than what is referred to as a number one hundred sieve, the size on west beach now, therefore the assumption is that everything that is one hundred sieve and smaller would be picked up from east beach and carried to west beach very quickly, the other forty percent from outer Anaheim Bay is much finer than what is on east beach today, therefore that fell out of consideration for replenishment, at that point it was suggested that the City then focus on the sand from Palmdale. Another analysis was to identify how wide a beach could be created using the sand from either outer Anaheim Bay or Palmdale, determined that approximately one hundred feet of new beach width could be created by the dredging process however after about a season of being worked by waves the beach profile would drop back to almost identical to what it is today, therefore the long term additional beach width that might be gained by Bay sand would be about twenty-five feet, that does not buy much for the money spent, using the Palmdale sand about one hundred feet of new beach could be realized upon construction, after a season of wave action the beach would still be about seventy- five feet wider than what now exists. The City pursued and has now begun to receive sand from Palmdale, some of the benefits to the City by railing the sand is that it is a better quality, will last longer, realize more for the investment, also eliminates the nuisance factor of trucking the sand, the noise, vibration, pollution, street damage, also from an environmental benefit, with dredging Anaheim Bay I I 11-24-97 there is a biology element that needs to be protected which is a constraint to that project, the magnitude of which is unknown, may lessen the amount of sand and there could be mitigation requirements that would have a cost. He noted that the City also committed to improving some of the rail line at the Navy Base the result of which is access to that rail for future projects, a conveyor is in place, a rather I elaborate system to off-load rail cars. This endeavor has not only given the option of dredging and trucking sand for replenishment but now transport by rail, is a benefit to Seal Beach and possibly other cities in the vicinity, and sets a precedent. A member of the audience inquired about installation of short jetties to stop the sand flow. Mr. Webb said that would probably not be a good idea, there may be other ways, that because the east beach is short, for an effective groin you need an adequate distance between, at this point there is probably not enough distance between the groin and jetty to put another in, there would probably be a build up of sand next to it but then there would be an indentation on the beach just to the other side, it might exacerbate the problem. He noted that the groin is already there, it is about thirty years old and needs to be maintained, that done by patching the holes, possibly raise it so that sand does not come over, and maybe lengthen it, the wider the groin the wider the east beach will build out from it, another option is installing spur groins, those are rock structures that are perpendicular out from the jetty, the reflected wave would bounce off the jetty, be intercepted by the spur groin, and reflected back out to sea, the circulation of the beach would need to be looked at before and after construction, however this would be a more I expensive undertaking. He mentioned that when the grant application was submitted to the State other options such as a breakwater, an artificial reef, extension of the groin were considered however a benefit/cost analysis showed that the highest benefit/cost was simply placing good sand on the beach. The Mayor said she understood that an artificial breakwater had been constructed at the Peninsula area, it saved the area that was eroding so rapidly however it then started etching out on either side, also her understanding is that some time ago an extended groin was not the recommendation of Moffat and Nichol, and questioned if an extended groin would exacerbate the whirl pooling that there is now. Mr. Webb said he was not certain, his guess would be that it would not to any extent, it could be a little different, the extension would only be a small component of what is there, the additional effects of circulation might be very minimal, it should be looked at, there are some fairly simplistic computer models that can simulate the circulation now and duplicate what would likely happen, that kind of analysis is available and can be done, as far as past recommendations, they were likely based on available funding. Mayor Hastings expressed appreciation to Mr. Webb for his presentations on Thursday, Friday and this evening, the I intent being to provide residents as much information as possible relating to what is currently taking place on the City's beach. The City Manager added that for the benefit of those who may be viewing this effort as a response to an El Nino winter, it is not, this project has been a long time in the making, the City has looked for funds for a major sand project for some eight years, and it is somewhat coincidental that funding comes from the State in the very year that El Nino is anticipated, this project will not be of short duration, it will not be a matter of weeks until the beach is where it should be, rather, several months, the City needs to 11-24-97 I work within the Navy schedule, there can not be Base access when there is a ship with ammunition, however the rail infrastructure is in place and there is a method to replenish the beach in an environmentally acceptable way, hopefully a long term solution to the problem. Mayor Hastings mentioned too the part of the Navy, a first time ever that the Navy has allowed such operation, to which the Manager confirmed the cooperation of the Naval Weapons facility, they in fact assisted even during the high tides on September 26th. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Russ Bowman, 8th Street, said after reading the Government Code, Chapter 7, he spoke with the Fair Political Practices Commission, his concern is that Councilmembers Brown and Fulton may have a conflict of interest with respect to the new cable franchise, he 'has read the local conflict of interest resolution, believes there may be a cause of action under Section 87100 et seq or under the Commonlaw Doctrine against conflict of interest, and it is hoped this places the duty of inquiry upon the City and will be addressed before it takes further action. To inquiry of Councilman Brown, the City Attorney advised that the second reading of the cable ordinance is listed on the agenda, was requested to be removed from the Consent Calendar, and any comments may be addressed at that time. There being no further comments, Mayor Hastings declared Oral Communications closed. I CONSENT CALENDAR - ITEMS "c" thru "0" Brown moved, second by Fulton, to approve the recommended action for items on the Consent Calendar as presented, except item "L", removed for separate consideration. C. 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 unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved demands numbered 17735 through 17837 in the amount of $319,984.19, payroll demands numbered 24685 through 24839 in the amount of $223,156.22, and authorized warrants to be drawn on the Treasury for same. E. Received and filed the Monthly Investment Report ending October, 1997. F. Adopted Ordinance Number 1424 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, MOVING THE DATE OF THE 1998 PRIMARY MUNICIPAL ELECTION FROM THE LAST TUESDAY OF MARCH TO THE FOURTH TUESDAY OF MARCH"; and I Adopted Ordinance Number 1425 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 24, 1998, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED 11-24-97 BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH"; and Adopted Ordinance Number 1426 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON" TUESDAY, MARCH 24, 1998, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE VACANCY IF THE RECALL PREVAILS"; and I Adopted Resolution Number 4584 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION AND A SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 24, 1998"; and Adopted Resolution Number 4585 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION AND THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 24, 1998, AND IF NECESSARY, AT THE GENERAL (RUN- OFF) ELECTION ON MAY 12, 1998"; and I Adopted Resolution Number 4586 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ORDERING THAT THE CANVASS OF THE PRIMARY MUNICIPAL ELECTION AND THE SPECIAL MUNICIPAL ELECTION, TO BE HELD ON TUESDAY, MARCH 24, 1998, BE MADE BY THE CITY CLERI<"; and Adopted Ordinance Number 1427 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER IB OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND THE VOLUNTARY CAMPAIGN EXPENDITURE LIMIT"; and By unanimous consent, full reading of Ordinances Numbered 1424, 1425, 1426 and 1427, and Resolutions Numbered 4584, 4585 and 4586 was waived. Declared that the City offices are to be closed for public business on Friday, December 26th, 1997. I G. Adopted Resolution Number 4587 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORI< TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #665, WESTMINSTER PAVEMENT REHABILITATION PROJECT, FY 1997/98, CONTRACT ENTERED INTO BETWEEN ALL AMERICAN ASPHALT AND THE CITY I I K. 11-24-97 OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4587 was waived. H. Adopted Resolution Number 4588 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE BOLSA CHICA MITIGATION PROJECT." By unanimous consent, full reading of Resolution Number 4588 was waived. I. Received and filed the staff report relating to the response to the Notice of Preparation of a Draft EIR - Draft Program EIR for the County Sanitation Districts of Orange County Strategic Plan - County Sanitation Districts of Orange County, and authorized the Mayor to sign the response letter as presented. J. Received and filed the staff report relating to the response to Notice of Preparation of Draft EIR - Land Use Amendment to the Southeast Area Development and Improvement Plan (SEADIP) Planned Development Zoning Ordinance PD-1 - City of Long Beach, and authorized the Mayor to sign the response letter as presented. Adopted Resolution Number 4581 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CLASSIFICATION PLAN FOR CONFIDENTIAL, SUPERVISORY, PROFESSIONAL AND TECHNICAL EMPLOYEES AND REPEALING ON THE EFFECTIVE DATE SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH" and Adopted Resolution Number 4582 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE COMPENSATION PLAN FOR MANAGEMENT AND MID-MANAGEMENT EMPLOYEES." By unanimous consent, full reading of Resolutions Numbered 4581 and 4582 were waived. M. Received and filed the fourth quarterly report relating to the enforcement of the Daytime Curfew Ordinance. N. I Adopted Resolution Number 4589 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 4589 was waived. O. Adopted Resolution Number 4590 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH URGING CONTINUED FUNDING AND OPERATION OF THE LOS ALAMITOS CONTROL TOWER." By unanimous consent, full reading of Resolution Number 4590 was waived. 11-24-97 AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - ORDINANCE NUMBER 1418 - CABLE TELEVISION FRANCHISES Councilmember Campbell stated her preference to table or continue this item inasmuch as she had additional questions on the Franchise Agreement, the contract needs to be correct given the term of ten years, in the interim she would prefer to operate on a month to month basis as did Buena Park. It was pointed out that the Franchise Agreement was approved by the Council at the last meeting, the item under consideration is the second reading of the ordinance governing cable franchises. Councilmember Campbell reiterated her request, citing her need to resolve concerns. Councilman Brown explained that in Leisure World it is the Golden Rain Foundation and management that make decisions relating to their cable franchise, he is just a citizen, a resident of Leisure World as a prior speaker is a citizen in Seal Beach, that he makes no decisions in Leisure World with regard to the Comcast contract, therefore there is no conflict of interest, if that were so the same would apply to College Park East in that the Councilperson is also a resident of the area, the same with Old Town, etc. In response to the Mayor, the Council was advised that the public did have the opportunity to speak to this item, to allow further comments would be at the discretion of the Council. Councilmember Forsythe noted receiving a number of calls on this issue, stated that typically when an award is made to a vendor it is based on past performances or a guarantee of something to come, it has been said that if the City does not make Comcast do their job the fault will lie with the City, to which she claimed it should not be necessary to make Comcast do their job, why award a ten year contract to a company that has not performed in the past, there is nothing in the agreement that will guarantee any better performance. Question was raised if the ordinance is in conformity with the already approved agreement. The City Attorney advised that if the intent was a motion to table the item, with a second, it is not debatable, if it was to continue it may be discussed, then confirmed that the ordinance as proposed is in conformity with the approved agreement. I I At the conclusion of discussion, Campbell moved, second by Brown, to refer the proposed ordinance back to the committee. It was mentioned that if agreeable, the members of the Foundation will be invited to join the discussion with the committee. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried PUBLIC HEARING - ALLOCATION OF COPS FUNDS - FISCAL YEAR 1997/98 Mayor Hastings declared the public hearing open to consider the allocation of Citizens' Options for Public Safety program funds, pursuant to AB 3229, for fiscal year 1997/98, the Seal Beach portion of those funds being $60,605. The City Clerk certified that the notice of public hearing had been advertised as required by law, and reported no communications received. Chief Sellers presented the staff report and recommendation that the funds be targeted for the purchase of a crime scene photography kit, crime scene investigation kits I 11-24-97 I for patrol officers, tape-to-tape VHS recorder, overtime for community policing efforts, including bike patrol, grant development, community education and crime prevention, two patrol bicycles with appropriate safety gear to be used by regular and reserve police officers, less lethal weapons, red plastic training guns, field tape recorders, and ballistic vests. There being no public comments, Mayor Hastings declared the hearing closed. Brown moved, second by Fulton, to direct that a Supplemental Law Enforcement Services Fund (SLESF) be established and that approval be given the Chief of Police to make purchases under the allocation of State COPS funding for fiscal year 1997/98. To a question of Council, the Chief explained that the allocation of monies is based upon a population factor. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I PUBLIC HEARING - APPEAL - CUP 96-1 - LAND USE ENTITLEMENT - SEAL BEACH MARKET - LEISURE WORLD CENTER The Director of Development Services presented the staff report, noted that the request considered by the Planning Commission was basically an indefinite extension of a previously approved Conditional Use Permit to allow for the expansion of alcoholic beverage sales at the Seal Beach Market to include distilled spirits, a condition of approval of the CUP was that it be reviewed in one year to determine that it was acceptable to the City. During that period of time the Market was not able to obtain the necessary distilled spirit license from the Alcoholic Beverage Control, therefore the determination of the Commission was to deny the request for extension because the premises had never operated with distilled spirits, thus there was nothing to base a history of experience on to determine whether to grant or deny. As part of that consideration there was discussion of ways to not require the market to come back for another review, the Commission determined to simply deny the request, that would then require the Market to come to the City with a new application at the time they are able to obtain the distilled spirit license from the ABC. He noted the Market then appealed the decision in a timely manner, modified their request to allow the Council to approve a one year extension of the previously approved distilled spirit license, the one year period to begin at the time the premises is actually licensed by the ABC, that option was presented to the Commission however they determined to simply deny the request. The Director noted that unfortunately the wording of the Commission Resolution not only denied the request for the distilled spirit license but also the pre-existing beer and wine sales which has existed for about two years. The Director mentioned that the options proposed is to sustain the decision of the Planning Commission, which would prohibit the sale of any and all alcoholic beverages, or, sustain the appeal of Pacific Food Services for the Seal Beach Market. He confirmed that the attempt to spare the applicant the fee to reapply was a concern, that issue tended to refocus the Commission, however when the project was denied the Market, in their appeal process, clearly indicated no objection to paying the fee when they come back for renewal, therefore not an issue from the Market standpoint. I Mayor Hastings declared the public hearing open. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications 11-24-97 received relating to this item. Mr. Reg Clewley, Catalina Avenue, stated his opposition to consideration of CUP 96-1 on the grounds that the matter is out of order. ZTA 96-1 should be voted into law or denied prior to the Council having anything to do with what property owners can or can not do or build on their land, and ZTA 96-1 prohibits the City from enforcing the Building Code, consideration of a CUP is a waste of taxpayers money, and moved that the public hearing be continued until such time as a determination is made with regard to the appeal of ZTA 96-1. A four year owner of the Seal Beach Market said there have been no problems with their beer and wine license, with regard to distilled spirits, they are in the process to obtain that license and it should be resolved within thirty to sixty days. There being no further comments, Mayor Hastings declared the public hearing closed. I Brown moved, second by Fulton, to sustain the appeal of Pacific Food Services, Seal Beach Market, to reflect their revised request from an indefinite extension of Conditional Use Permit 96-1 to a twelve month extension from the date the State Department of Alcoholic Beverage Control issues the pending license upgrade. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS There were no City Manager reports. The City Attorney announced that notice has been received from the California Supreme Court that they have denied the application of Mola Development for review, the final appellate body would be the United States Supreme Court. I ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Gordon Shanks, Surf Place, noted that the Department of Defense budget has been cut, however it is fortunate that the Naval weapons Station has been saved. He mentioned a news article of this date relating to the California National Guard, and requested that the City Council forward a letter to either the DOD or the Governor's office requesting a greater amount of funding for the Guard, otherwise in the event of a disaster the Guard will not have the resources to provide emergency backup to the communities and cities that they should in the case of a natural or civil situation. To a question of Council, the City Attorney advised that direction could be provided the City Manager or agendize the subject for the next meeting. Mayor Hastings requested that the Manager follow through on Mr. Shanks suggestion. Mr. Russ Bowman, 8th Street, said the understanding is that the Cable Agreement was not going to be enforced until the second reading of the Ordinance as there are a number of provisions in the Agreement that stand with the Ordinance, and should the Ordinance be changed that may impact the willingness of Comcast to complete this process, then questioned if the Agreement were already signed. The City Attorney acknowledged that the approved Agreement is in fact contingent upon the Ordinance. There being no further comments, Mayor Hastings declared Oral Communications closed. I COUNCIL CONCERNS Councilman Fulton took exception to the comment that he was voting on the cable issue because he represents a district within Leisure World. He informed the speaker that Leisure I I I 11-24-97 / 12-8-97 World could in fact pullout of the cable company right now, get cable service at a lesser rate than from Comcast, five companies have approached Leisure World proposing to serve the entire area with a dish, an approximate charge of $10 per unit for eighty-six channels, yet Leisure World has chosen to support the City by using Comcast. The Mayor inquired as to the affect on PEG funds if Leisure World were to drop Comcast, to which Councilman Brown noted that the contract is based on so many homes, if one-third of those were gone there would be an impact. It was pointed out that Leisure World is under separate contract with Comcast, and again, if Comcast does not perform people will be opting for satellite dishes. Mayor Hastings made reference to the recent Readers Digest article entitled 'How To Master Your Moods' in which local resident Dr. Robert Thayer is quoted several times. She also announced her recent attendance at a celebration at the Rossmoor Elementary School in recognition of the School having been named a National Blue Ribbon School of Excellence. Councilmember Campbell mentioned that of over eighty thousand schools that apply for that award, two hundred eighty five receive it, and it is understood that the High School and McAuliff have made application. At this time of Thanksgiving, Mayor Hastings expressed her thankfulness for the right of freedom of speech. ADJOURNMENT Councilman Brown suggested that the meeting be adjourned to 6:00 p.m. on December 8th to allow a period for Assemblyman Baugh to address the City Council. By unanimous consent, the Council adjourned until December 8th at 6:00 p.m. as requested, and to meet in Closed Session thereafter if deemed necessary. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 8:31 p.m. Approved: Attest: Seal Beach, California December 8, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Forsythe, Fulton Absent: Councilmember Campbell