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HomeMy WebLinkAboutCC Min 1993-09-27 I I .1 9-13-93 I 9-27-93 Approved: LfJAJA ~~ ~ ~JtI-~ ~. M or "" Attest: Seal Beach, California September 27, 1993 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Counci1members Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the city Council would meet in Closed Session pursuant to Government Code Section 54956.9(b) to discuss a matter of pending litigation where, in the opinion of the city Council, there is significant exposure to litigation, to also discuss labor negotiations. By unanimous consent, the . Council adjourned to Closed Session at 6:03 p.m. A majority of the City Council reconvened at 6:29 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the items previously identified, gave direction to the city Manager, and no other action was taken. ADJOURNMENT Brown moved, second by Forsythe, to adjourn the meeting at 6:30 p.m. AYES: NOES: ABSENT: Brown, Doane, Forsythe None Hastings, Laszlo Motion carried /73h of the Clerk and ex-off~c~ of Seal Beach Approved: Attest: 9-27-93 Seal Beach, California September 27, 1993 The city council of the city of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: I Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Stoddard, Director of Administrative Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Laszlo moved, second by Hastings, 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: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I AGENDA AMENDED With unanimous consent of the City council, Presentations were considered at this time. PRESENTATIONS RESOLUTION NUMBER 4258 and RESOLUTION NUMBER 4259 - COMMENDING RYAN CORBIN and CHET CORBIN - P.O.S.T. EXPLORER SCOUTS Resolution Number 4258 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RECOGNIZING AND COMMENDING RYAN CORBIN FOR HIS SERVICE TO OUR COMMUNITY" and Resolution Number 4259 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RECOGNIZING AND COMMENDING CHET CORBIN FOR HIS SERVICE TO OUR COMMUNITY" were read in full by Mayor Forsythe. Doane moved, second by Hastings, to adopt Resolutions Numbered 4258 and 4259 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The Mayor presented Ryan and Chet Corbin with copies of the Resolutions to a round of congratulatory applause from those present. ARMED FORCES RESERVE CENTER AICUZ STUDY - UPDATE REPORT I Lt. Col. Gormally introduced himself and Col. Davies and recalled having previously advised the Council of the efforts of the center to obtain a letter from the Department of the Army to authorize the use of Air Force criteria to revise the Air Installation Compatible Use Zone Study. Lt. Col. Gormally reported that the Department of Army letter has been received, the study has just been initiated, intended to be completed in a timely manner, the goal being to provide the Base, the cities and the county with a document with which everyone can live, and as the process proceeds the cities, county, developers, land owners, I I I 9-27-93 etc., will be provided copies of the revised document to seek input prior to its presentation to the Department of the Army for final approval. Lt. Col. Gormally provided each member of the Council with a copy of the authorizing letter. Mayor Forsythe expressed appreciation for the update. JUNIOR WOMEN's CLUB - DONATION Ms. Rosie Brown, President of the Junior Women's Club, and Ms. Mary Johnson, presented a donation of $8,000 towards the playground equipment at Marina Park, a check from Ms. Joan stegman as well, a supporter of all of the Junior's projects, and extended appreciation to the community for the support afforded the fund raising activities of the Junior's. The donation was accepted with appreciation to the Junior Women's Club. McGAUGH SCHOOL CARNIVAL Mayor Forsythe said an UPdate regarding this activity will be postponed until a time closer to the holding of the McGaugh School Carnival. FIRE PREVENTION WEEK PROCLAMATION Mayor Forsythe proclaimed October 3rd through October 9th, 1993 as "Fire Prevention Week." Capt. Ferdig accepted the proclamation on behalf of Chief Holms and the Orange County Fire Department, and extended an invitation to all to attend the October 9th "Open House" at the Orange County fire stations. ORAL COMMUNICATIONS Mayor Forsythe declared Oral C01\\l\\unications open. Mr. Mario Voce, 730 Catalina Avenue, said he was unable to remain at the meeting until the pUblic hearing item and wished to express his opposition to the extension of hours for the Seaside Grill and support of the appeal. Mr. Bruce Stark, Seal Beach, inquired as to the status of his suggestion to contact large chain firms to develop/locate on the property adjacent to Seal Beach Boulevard (Hellman) in an effort to generate revenue to the city. Councilman Brown advised that interest has been solicited of the Wolmart and K-Mart stores, and concurred that the interest of a home improvement facility could also be sought. Sol John, 330 - 12th Street, spoke for locating a police substation at the pier as well as at Main Street/Pacific Coast Highway, and said he was glad to return from his vacation. There being no further comments, Mayor Forsythe declared Oral communications closed. CONSENT CALENDAR - ITEMS "G" thru "0" Hastings moved, second by Brown, to approve the reco1\\l\\ended action for items on the Consent Calendar as presented. In response to an audience inquiry, the city Manager noted that Item "Q" is merely a status report from the Tobacco Control Committee and calls for the scheduling of a pUblic hearing for October 11th. G. Approved the minutes of the regular meeting of September 1~, 1993. H. Approved regular demands numbered 3252 through 3366 in the amount of $822,568.30 and payroll demands numbered 3471 through 3684 in the amount of $281,508.15 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I. Received and filed the monthly investment report as of August 31, 1993. J. Adopted Resolution Number 4260 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY '9-27-93 OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN FINANCIAL RECORDS." By unanimous consent, full reading of Resolution Number 4260 was waived. Authorized the Mayor to sign a response letter on behalf of the city relating to the 1993 Regional Mobility Discussion Document - Proposed 1993 Regional Comprehensive Plan - Southern California Association of Governments, instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes, and received and filed the staff report. L. Received and filed the status report relating to Drainage and Traffic Improvements for Pacific Coast Highway (curb, gutter and sidewalks) in the Sunset Beach area between Warner Avenue and Anderson Street. K. I M. Adopted Resolution Number 4261 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTH BOUND TURNPOCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 4261 was'waived. Rescinded Resolution Number 4222 "AUTHORIZING A. LOAN FROM THE CITY OF SEAL BEACH GENERAL FUND TO THE SEAL BEACH REDEVELOPMENT AGENCY FOR PAYMENT OF THE SEAL BEACH REDEVELOPMENT AGENCY's CONTRIBUTION TO THE EDUCATION REVENUE AUGMENTATION FUND." N. I O. Adopted Resolution Number 4262 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, RECORDING INDEBTEDNESS OF THE SEAL BEACH REDEVELOPMENT AGENCY TO THE CITY OF SEAL BEACH IN THE AMOUNT OF $215,000 PLUS ACCRUED INTEREST FOR SERVICES RENDERED AS OF JUNE 30, 1993." By unanimous consent, full reading of Resolution Number 4262 was waived. P. Proclaimed October 3rd through October 9th, 1993 as "National Mental Illness Awareness Week." Q. AYES: NOES: Received and filed the status report from the Council appointed Ad Hoc Tobacco Control Committee, the recommendation of the Committee to be scheduled for public hearing on October 11, 1993. I' Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPEAL - APPROVAL OF MODIFICATIONS OF CONDITIONS - CONDITIONAL USE PERMIT 92-2 - EXTENSION OF HOURS - 101 MAIN STREET - SEASIDE GRILL Mayor Forsythe declared the public hearing open to consider an appeal of Planning Commission approval of modification of conditions for Conditional Use Permit 92-2, the Seaside Grill. I I I , 9-27-93 The city Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported receipt of one written communication on September 13th from Mr. Jack Haley in support of the additional hours of operation. The Director of Development Services presented an overview of the staff reports and background information relating to this item, as well as the actions of the Planning Commission upon considering extension of the CUP for the Seaside Grill and the request of the applicant for an extension of hours until 1:00 a.m. daily to which the Commission recommended an increase of hours on week nights from 10:00 p.m. until 11:00 p.m. and until midnight on Friday and Saturday, special events and holidays, which is the issue of the appeal. The Director reviewed the options for Council consideration. Mr. Gordon Shanks, 215 Surf Place, said he was one of seventeen appellants who shared the cost to file this appeal, the issue under consideration felt to be important to the future of the city. Mr. Shanks recalled the January 25th, 1993 City Council rejection of a Planning Commission recommendation that the hours of operation of the Seaside Grill be extended to five additional hours per week, that action on a four to one vote, based somewhat on the fact that the original CUP approval for the period of twelve months had not lapsed, an indicated pattern of increased drinking hours on Main Street, as well as some alleged violations of operating hours at the Grill. Mr. Shanks made reference to the more recent approval of a like establishment with beer and wine service, BJ's Pizzeria, whereby it was determined to allow them the same hours of operation as currently exists for the Seaside Grill, which he said establishes reasonable hours of operation for similar types of alcohol establishments. Mr. Shanks noted that the owner has requested a 1:00 a.m. closing since his original application, and as a delicatessen/ restaurant he questioned why a 1:00 a.m. closing would be desired, suggesting that there appears to be a pattern to turn this establishment into a beer bar, and if that is the case it should be represented to the City as such. Mr. Shanks recalled Mr. Sesler's request of the Planning Commission for equity, a closing hour such as that of Walts Wharf, Hennesseys, etc., however Mr. Shanks noted that those establishments have a full liquor license and the Seaside Grill is equitable with other restaurant/delicatessen establishments. He claimed that a precedent will be set if the appeal of the hours is not upheld, and it will be difficult to deny a similar request from a like establishment in the future. Mr. Shanks noted the increase of undesirable activities in most cities, some having initiated beach and pier closings in the evenings, Seal Beach no exception to such activities, remarked that it is not bad for people to have a good time, yet questioned if it is desirable to expand the hours for alcohol consumption. He recalled the applicant having stated that his food to liquor sales are about fifty percent to fifty percent, claimed the increased hours of operation would likely increase the alcohol sales over that percentage which would not be in compliance with ABC regulations and could jeopardize his alcohol license. Mr. Shanks urged that standards be developed for uses on Main Street where guidelines are applied to like categories of use equally, and requested that the appeal be upheld. Mayor Forsythe invited members of the audience wishing to speak to this matter to come to the microphone and state their name and address for the record. Dr. David Rosenman, Old Town resident, said he felt the Council direction to the Planning Commission was clear at the time the hours of operation for BJ's Pizzeria was being determined yet the Commission appeared to disregard it, and expressed his opinion that all establishments having a Class 41 ABC license should be required to operate under the same 9-27-93 guidelines. Dr. Rosenman said although he did not have firsthand knowledge he received five telephone calls reporting that this business is for sale, one of the points of sale is the extension of operating hours, therefore this application should be looked at carefully and in terms of equity. He claimed to have observed the service of a much greater amount of alcohol to food at this establishment. Mr. Harold Rothman, Ocean Avenue, stated the I Seaside Grill is primarily a beer bar, serving a limited amount - of food, that a typical restaurant serves fifteen percent alcohol, and said if extended hours are allowed it will open up the same opportunity to other like businesses. He estimated the Grill's service of alcohol at sixty to seventy percent rather than fifty percent, three to four beers for every appetizer or sandwich served, and increased hours will only increase the service of alcohol. He questioned whether another late night beer bar is desired or needed on Main Street, and called attention to recent newspaper ads for half-price drinks on more than one night a week and the likelihood of other such establishments following that type of promotion. Mr. Rothman urged that Main Street be viewed as a shopping mall with the landlords assuring a proper tenant mix for the protection of the individual businesses and attractiveness of the area, with the Council being the overseer. He stated the current hours are standard for a restaurant, and encouraged the Council to maintain that standard. Ms. Helen Potepan, Leisure World, said given ,the problems that exist in the downtown area, she favored the appeal. Ms. Marguerite Wood, 116 Main street, owner of an apartment building across from the Seaside Grill, said that the extension of hours for the Seaside Grill would be unpleasant and annoying inasmuch as the Grill leaves their windows and doors open and the noise from within is an impact on her and her tenants. She asked that this concern be taken into consideration. Mr. Bryan Brown, I 1009 Seal Way, expressed his support of the appeal, stating the Seaside Grill looks and sounds like a bar, a nice bar, and questioned what is desired for the future of Main Street. Ms. Carla Watson, 1635 Catalina Avenue, described Main Street as a special place, and offered that even though there has been a recent increase of incidents of crime, the crime rate for Seal Beach remains low, however her preference would be that police be available to deal with those crimes rather than persons under the influence of alcohol. Ms. Watson indicated support of the appeal, maintaining the current hours of operation. Mr. Alan Shields, 1300 Catalina Avenue, said given the guidelines that will soon be developed for Main Street, his support would be with the appeal. Ms. Gail Ayres, 707 Central Avenue, favored the appeal. Ms. Wendy Rothman, presented signatures of persons who were unable to be present at this meeting in favor of the appeal. The Mayor noted there were thirty-five signatures presented. It was the order of the Chair, with consent of the Council, to declare a recess at 7:55 p.m. The Council reconvened at 8:08 p.m. with Mayor Forsythe calling the meeting to order. Mr. Ron Sesler, owner of the Seaside Grill, expressed desire that the city Council uphold the action of the Planning Commission. To the comment alleging the sale of the Seaside Grill, Mr. Sesler 1- said it is not for sale, and his request is to extend the hours of his business in order to provide service to the community. Mr. Ed Simmons, Seal Beach, noted that in the year that the Seaside Grill has been in business there have been no police related problems, the establishment is well kept, serves good food, the owners support community activities, the Grill serves alcohol, as do other like businesses, and without that service all would be out of business. He spoke favorably of the owners and the requested additional hours. Mr. Jack Smith, 1405 Seal Way, said the owners run a good business without problems and spoke in favor of extending their hours of operation. Ms. Shari I I I i I'" 9-27-93 Nemirow, President of the Chamber of Commerce, reported a poll of the Chamber Board showed support for the extended hours for the Seaside Grill and against the appeal. Mr. Harlan Kelly, Catalina Avenue, suggested that extension of the hours be allowed for a trial period of three to six months. Mr. Alan Chavez, 809 Ocean, said as the closest resident to the Grill he has encountered no problems and would support the extended hours. Mr. Dave Gaylord, 309 - 17th Street, spoke for the additional hours. Mr. John Baker, resident and business owner, said he did not feel the additional hours would be inequitable to this town, the business should be given an opportunity, it generates revenue to the city, and offered that if the business causes problems or violates the law the ABC will then become involved and the business could be closed. He stated that by regulating the operating hours of this business, no other business,will even have the opportunity to request additional hours, which he claimed is not democratically fair. Mr. Baker asked that this business be allowed to continue its operation with the additional hours. Sol John, 330 - 12th Street, said in part that people should be allowed to conduct their business as they see fit. Ms. Jane Chapman described herself as a younger Seal Beach citizen and spoke in support of the Seaside Grill. She objected to comments that the extended hours would jeopardize the quality of life in Seal Beach, claimed that the owners sponsor recreation teams, participate in community activities, generate revenue to the City, and that businesses will be hurt if such limitations are imposed. Mr. Larry Gemberling, Bridgeport, expressed his view that the Seaside Grill is a wonderful restaurant, has good food, the Grill has caused no problems, and called for a vote on this matter. Mr. Mike Jacobson, Salt Lake City, praised the Seaside Grill for its good food and coldest beer. Ms. Christina Stangeland, 6th Street at Ocean, stated her support for the Seaside Grill. She claimed that nothing said by the opposition should prevent allowing the one hour extension, in her opinion the one hour means money, tax dollars to the City and income to the owners, other businesses presently enjoy extended hours, and she felt that Council time could be better spent on more important issues. She asked that the extended hours be approved. Ms. Linda Park, Seal Beach, noting the strong feelings of people regarding this issue, charged that the same people say the same thing to everything that involves the service of alcohol, yet claimed that the extended hours provides the opportunity for those who work late to have something good to eat and drink. Ms. Park asked that the extended hours be approved for the Sesler's, their employees, and the enjoyment of their patrons. Mr. Glen Peasley, 120 College Park Drive, mentioned the amount of time spent on this issue for just an hour extension, and claimed that seventeen protesters out of the entire population were not many. He noted that the Planning Commission has already granted the extended hours, the next door establishment enjoys additional hours without the service of food, and said he felt certain the Council would make the right decision. Mr. Ron Molinari, 163 Electric Avenue, stated his support for the extended hours and opposition to the appeal. Mr. Rick Baeder, Sunset Beach restaurant owner, spoke favorably of the owners of the Seaside Grill and the quality of their food, offered that the owners are trying to work with the city yet they are the recipients of opposition from the same people who oppose everything. He claimed that small businesses can not survive on regular eight to five hours, especially during these difficult economic times, and noted that the Grill serves food until their closing as an effort to curb any alcohol problems. Mr. Dave Duran, new owners of Kinda Lahina, mentioned that his restaurant is allowed to operate until 11:00 p.m. weekdays and midnight Friday and Saturday, however if the extended hours for Seaside Grill are not approved he inquired as to what future impact that would have on his hours of operation, expressing concern that a reduction of hours would create 9-27-93 financial chaos for him. He spoke in favor of approving the extended hours for the Seaside Grill, a like business. Ms. Maria Ivanovic OWens, 13th street, expressed her feeling of obligation to patronize and support local businesses, stated the Grill should have a competitive chance with other Seal Beach eateries, the Grill an establishment that exudes the small town charm of Seal Beach, and a way of life should not be under judgement here. 1- She noted her concern with crime also, however proposed that those who come into the city with criminal intent do not do so because of anyone restaurant and its hours. Ms. OWens presented letters of support from the immediate ex-president of the Chamber of Commerce and the current president of the Business Association. At this point public comments were concluded. The appellant was offered the opportunity to present a rebuttal statement. Mr. Shanks noted that this issue has shown that much can be said for Seal Beach and Main Street given the support afforded to Ron and Patty Sesler, also recalled issues in the past that have likewise posed controversy and where people on both sides showed their care and concern for the community of Seal Beach. Mr. Shanks stated there is no intent to take back anything from anyone, whether it be Kinda Lahina or the Seaside Grill, however pointed out that a one hour extension is seven hours a week and further, the owner of the Grill still wants a 1:00 a.m. closing as he has from the beginning, BJ's will want 1:00 a.m., and there are about seven other beer and wine establishments that will then want more hours. He pointed out that the District One and Three Planning commissioners voted against the additional hours presumably because they are more aware of the impact, also noted recent problems with the Hennessey establishment. Mr. Shanks again posed the question as to what is desired for the community in the long range, and asked I that the Council listen and think carefully in making this decision. Mayor Forsythe declared the public hearing closed. councilman Brown explained that his vote against the extended hours in January was due to the fact that the one year provision of the CUP had not expired, however upon reading and hearing all of the evidence there is nothing new that would compel him to now overturn the action of the Planning Commission. councilman Doane commended the participants in the hearing for their courtesies. With regard to the recent Hennessy issue, he mentioned having been party to the prearrangements for the Police Department and ABC visitation to that establishment, and explained that he does not want intoxicated persons on the streets or any establishment causing problems. He noted that all such businesses are being looked at, on one hand the Grill is being referred to as unique, on the other it has been said that if the extended hours are granted there will be up to nine more such requests forthcoming, yet his inquiries found that Taco Surf and the Main Street Grill are the only two that have indicated any interest in requesting additional hours, and he suggested that in those cases such request should be granted. With regard to the property located at 116 Main Street he reported it carries a zoning designation for business, is presently an apartment use which is legal nonconforming, the Seaside Grill is legal conforming, and that an I apartment use in a business district will be subject to business noise. To comments of Mr. Rothman, Councilman Doane offered that if there are only beer drinkers remaining at the Grill at 10:00 p.m. they can go elsewhere for beer but there is nowhere else to obtain something to eat, emphasizing that the Seaside Grill is a restaurant. Councilman Doane stated he has heard nothing that would change his position on the extension of hours, citing the city's need for additional revenues, generated from the restaurants that are willing to remain open longer hours, in order to provide other needs of the city. Councilman Laszlo mentioned that there are seventeen Main Street establishments I I I " ". A "- 9-27-93 that serve alcohol, claimed that the increase of crime may be a direct result thereof with the attraction of a different type of clientele, and concluded with his opinion that the citizens do have a complaint in this case. Councilmember Hastinqs spoke reqardinq the lack of sales tax qenerated from the sale of alcoholic beveraqes unless factored into the sale of food. Given rebuttal comments from the audience, the City Attorney recommended that the public hearinq be reopened if additional information is to be allowed. Mayor Forsythe, with consent of the Council, declared the public hearinq reopened. Mr. Ron Sesler, owner of Seaside Grill, advised that they have cash reqister keys that separate food from alcohol sales, as an example if there is a twenty-five cent charqe for a qlass of water he said he pays 7.75 percent sales tax on that twenty-five cents, if a customer pays $2 for a drink he in turn pays the State 15 plus percent for each beveraqe served. Mayor Forsythe declared the public hearinq closed. The city Manaqer explained that upon posinq the payment of sales tax question to the State Board of Equalization and the Alcoholic Beveraqe Control Board there were conflictinq answers from those two State aqencies. Recallinq a meetinq held some months aqo, Councilmember Hastinqs reported the consensus of restaurant owners at that time was that there should be some conformity of hours, that standards and conditions should be known up front, and requests for special considerations would then be eliminated. She sympathized with Mrs. Wood as well, recoqnizinq the impact of the potential for loss of tenants. Councilmember Hastinqs indicated her intent to sustain the appeal. Mayor Forsythe mentioned efforts to attain some consistency when considerinq like issues where there has not always been equity in the past. She noted there are presently three types of liquor licenses on Main Street, the 41 License, a bonefide eatinq establishment with beer and wine as an incidental convenience, of which there are nine includinq the Seaside Grill; the 47 License, an eatinq establishment with a hard liquor license of which there are four, that type of license obtained at considerable cost; and the 48 License, which are the qrandfathered establishments of Clancy'S and the Irisher. She explained that pursuant to ABC rules sandwiches and salads do not meet the requirements of a bonefide eatinq establishment. Mayor Forsythe expressed concern that Seal Beach could become a stereotype, and althouqh councilman Doane reported that the majority of the other Class 41 Licensees do not wish to extend their hours, the fact remains that an alcohol license runs with the land use therefore if a chanqe of ownership were to occur it is quite possible there could be a request for additional hours, particularly if a precedent is set. She mentioned too that consideration must also be qiven the residents adjacent to Main Street. The Mayor conveyed concerns expressed by parents of younq children with reqard to walkinq Main Street, the noise, and the proximity of the Grill, with visible beer consumption, to Grandma's. Mayor Forsythe concluded that she did not want to inhibit businesses in the community further, on the other hand it is the responsibility of the City Council to protect the public health, safety and welfare. Hastinqs moved, second by Laszlo, to sustain the appeal of Gordon Shanks, et. al, reversinq the recommendation of the Planninq Commission and denyinq the requested modification of hours. AYES: NOES: Forsythe, Hastinqs, Laszlo Brown, Doane Motion carried 9-27-93 The city Attorney advised that a resolution reflecting the action of the council would be prepared for consideration at the next meeting. CITY MANAGER REPORTS There were no City Manager reports. COUNCIL CONCERNS Councilmember Hastings reported that a local contractor had inquired if the City would be receptive to volunteers helping to build a substation near the pier with the City paying the cost of the materials. council indicated their desire that the City Attorney look into the legalities of such offer. with regard to complaints relating to late night noise generated from local drive-through restaurants, Councilmember Hastings passed along a suggestion that orders could be placed by a telephone instrument through an intercom system. She also expressed appreciation for the deployment of police officers on Main Street and the pier, their hiqh visibility and presence generating a sense of security. In response to an inquiry of Councilman Laszlo, the City Manager reported a draft recycling proposal has been prepared, additional information is being awaited from the hauler to determine if any rate adjustment will be necessary to implement the program, information awaited as well relating to containers and financing. He said it is anticipated the proposal will be completed for Council consideration by the second meeting in October, thereafter approximately three to four months to have the equipment in place and commence the program. He noted the program is proposed to be implemented in three phases, an automated two curbside bin program commencing in college Park East, College Park west and on the Hill, thereafter in Old Town and then the commercial phase. He noted that the Leisure World recycling program is realizing, on an average, an approximate thirty-eight percent diversion, monthly reports are presently being submitted by the Surfside hauler, and discussions are being held to determine a means of integrating the program for the Navy property. With regard to the status of campaign financing legislation, Councilman Laszlo reported having requested a copy of a recently adopted ordinance by the City of Whittier and upon receipt thereof he would forward it to the City Attorney. The City Attorney noted that a draft ordinance has been prepared and forwarded to Council for information, the Whittier ordinance could be reviewed, thereafter staff will await direction from the Council. The City Manager reported that comcast Cable has indicated that the Federal Communications Commission is encouraging cable companies to not disclose the status of their negotiations with the networks, thus eliminating the potential that other cable companies may use such information to their advantage, therefore the notification of non-carries may have been premature. Mayor Forsythe wished her husband a happy birthday. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Dr. Rosenman, Seal Beach, said he believed the Council would be rece1v1ng a report from the Ad Hoc Tobacco Committee at the next meeting, and given the diversity of that Committee it may be necessary to direct the Committee to relook at the smoking issue. Mr. Dave Buchen, Belmont Shore, questioned the definition of a restaurant as it relates to the Seaside Grill, downplayed reported complaints regarding the proximity of the Grill to Grandmas, defended the Grill's record as to the lack of alcohol related police problems, and spoke favorably of the establishment in general. Ms. Gail Ayres, Central Avenue, expressed appreciation for the Seaside Grill decision. Ms. Dorothy Whyte, Seal Beach, presented an update report and described in some detail the activities planned for the Founders Day celebration, the support I I I I I I 9-27-93 I 10-11-93 of many local merchants and organizations, and relayed the need for volunteers and donations. Ms. Whyte noted that all monies remaining after payment of Founders Day expenses are to be designated for parks and park improvements. Mayor Forsythe read the ABC definition of a bonefide eating place for the benefit of Mr. Buchen. Ms. Wood, 116 Main street, thanked the Council for listening to her concerns, adding that Clancy'S Tavern has air conditioning, they close the door to that establishment at 10:00 or 10:30 p.m. therefore do not generate noise to the immediate area, yet the doors and windows of the Seaside Grill are left open and the noise is an annoyance. Mr. John Baker, Seal Beach, commended the presence of police officers on Main Street, and made specific mention of Officer Zanone who he said has taken upon himself the late night patrol of Main Street, the stores and alleys. Sol John, 330 - 12th Street, spoke for the use of volunteers to construct a substation and maintain the pier, also asked for assistance to recover his 1954 MG vehicle. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, October 11th at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 9:36 p.m. ~ lerk and ex-off1C of Seal Beach the Approved: ~,~.. (/ ./ LA -! / '- Mayor , Attest: Seal Beach, California October 11, 1993 The city Council regular adjourned session scheduled for 6:00 p.m. this date was canceled as there were no Closed Session items for discussion. ! TED :::11)/7 of o"er, e M. Yeo, Ci~~ of Seal Beach 1993.