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HomeMy WebLinkAboutCC Min 1993-10-11 I .1 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. 'I:J lerk and ex-off1c of Seal Beach erk of the Approved: ~,~-- (I ./ LII1-(./" 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 SeSS10n items for discussion. : TED :::JJ)iY of o?Jer, e M. Yeo, Ci~~ of Seal Beach 1993. 10-11-93 Seal Beach, California october 11, 1993 The city Council of the city of Seal Beach met in regular session at 7:02 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL C]lu. Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mr. Curtis, Administrative Assistant/planning Mr. Seymour, Recreation Director Mr. Dorsey, Chief of Lifeguards Ms. McGlynn, Recreation Supervisor Mrs. Yeo, City Clerk WAIVER OF FULL READING Brown 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: Brown, Doane, Forsythe, Hastings, Laszlo NOES: None Motion carried PRESENTATIONS LIFEGUARD DIANE ROSENKRANZ Chief Dorsey described in some detail the recent rescue by Lifeguard Diane Rosenkranz of a young man who was located in an unconscious state in four plus feet of water. He reported the victim was hospitalized on full life-support, however recovered and was subsequently released from the hospital. The Chief commended Ms. Rosenkranz for accomplishing a most difficult rescue under extreme and difficult circumstances. Mayor Forsythe presented a commendation to Ms. Rosenkranz in recognition of her extraordinary lifesaving effort. SEAL BEACH RECREATION DEPARTMENT Ms. McGlynn, Recreation Supervisor, presented the City with a mural painted by twelve local teenagers during a summer Youth Recreation Program. She explained that the intent of this particular Program was to design a mural depicting symbols of significance to Seal Beach, the mural to be used as a backdrop for the City'S portable stage, the first public display of the mural to take place at the upcoming 10K Run. The Mayor and Council accepted the mural with appreciation and commendation to the artistic teenagers and Recreation staff. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Dorothy Whyte, Seal Beach, conveyed her complaint with the early hour that the refuse pickup commences. She highlighted the status of activities planned for the Founders Day celebration, the Masquerade Ball, the parade, festivities on the greenbelt, hayride, etc. Ms. Whyte noted that in conjunction with the celebration the Lions Club has designated $1,000 for the purchase of something to benefit the Recreation Department. There being no further comments, Mayor Forsythe declared Oral Communications closed. I I. I. I I I 10-11-93 CONSENT CALENDAR - ITEMS "c" thru "I" The City Manager requested that approval of Item "I" be contingent upon the approval of the City Attorney. Doane moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented. C. Approved the minutes of the regular adjourned and regular meetings of September 27, 1993. D. Approved regular demands numbered 3367 through 3492 in the amount of $211,266.02 and payroll demands numbered 3685 through 3868 in the amount of $222,836.80 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Received and filed the status report relating to the Queensway Bay Development Plan in the city of Long Beach, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for the purpose of information. F. Received and filed the status report with regard to the Seal Beach Naval Weapons Station - Installation Restoration Program, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for the purpose of information. G. Adopted Resolution Number 4263 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING A MODIFICATION TO THE CONDITIONS OF APPROVAL OF CUP 92-2, A REQUEST TO EXTEND THE OPERATING HOURS OF A RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0 (SEASIDE GRILL)." H. Authorized the Mayor to execute the Mortgage Credit Certificate Program Cooperative Agreement (Housing Assistance) between the County of Orange and the City of Seal Beach. I. Approved the Lease Agreement by and between the City of Seal Beach and the Seal Beach Playgroup Co-Op for use of Marina Park facilities, said Agreement for the term of September 15, 1993 through June 15, 1994, and authorized the Mayor to execute the Agreement on behalf of the city, subject to approval of same by the City Attorney. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 93-10 - 12235 SEAL BEACH BOULEVARD - THE FIT STOP Mayor Forsythe declared the public hearing open to consider the appeal of Planning Commission denial of Conditional Use Permit 93-10, a request for an alcohol related land use entitlement, on- premise beer and wine, at 12235 Seal Beach Boulevard, the Fit stop. The City Clerk certified that notice of the pUblic hearing had been advertised and mailed as required by law, and reported no communications received either for or against this item. The Administrative Assistant, Mr. Curtis, presented the staff report 10-11-93 and reviewed the background relating to this item. He reported the Planing commission determined that the subject application be denied based upon the findings that: 1) the police Department has reviewed the existing records and has concerns regarding the approval due to over-concentration of alcohol-related land uses and high crime; 2) the on-sale service of alcohol is not I" compatible with the character of the subject property and, in view of the intent of the facility to primarily serve the members and guests of a private club, the necessary finding that it is in the public interest to grant this application cannot be made; and 3) CUP 93-10 is inconsistent with the provisions of the Land Use Element of the General Plan due to the inconsistency with the use of the property and surrounding uses due to the over- concentration of liquor licenses and high crime in Census Tract 1108.08. The"Assistant in turn reported that the issues of the appeal filed by Mr. Sarrouf are: 1) reduction of licenses in the area; 2) the premises were previously licensed with no prior complaints or problems; 3) crime in the area is not related to alcohol sales or the appellants business operation; and 4) the service of beer and wine would be a public service. Citing the report of high crime in the area as a basis for denial, Councilman Laszlo stated his understanding that the downtown area has a higher rate of crime and questioned why crime statistics have not been considered for those similar requests. Councilman Brown said it is not necessarily the area that bears a high crime rate rather the Rossmoor Center is basically categorized as a mall which carries a higher crime rate than residential or other areas. He also mentioned having found that similar types of athletic operations do serve beer and wine, also that many of the Australian patrons prefer such beverages after their workouts. Mayor Forsythe noted that the appellant was not present at this time, there were no comments from the audience, therefore the Mayor declared the public hearing closed. I Councilman Brown moved to sustain the appeal of Mr. Sarrouf, reversing the decision of the Planning Commission and approving the requested alcohol-related land use entitlement, subject to appropriate conditions. He explained that although generally opposed to overturning a decision of the Planning Commission, in this case he felt the action to be appropriate based upon information that may have been misleading to the Commission. Councilman Laszlo seconded the motion, explaining that he would generally be opposed to such request, however the business is somewhat isolated and alcohol is not readily available to the public at large. Councilmember Hastings voiced her opinion that the Center is large, has nine eateries that serve alcohol in the entire area, where by comparison the one hundred block of Main street has seven eateries serving alcohol, two bars and two packaged outlets, and in contrast to Main street said she felt the Center could accommodate another alcohol service, and indicated support for the appeal. Mayor Forsythe spoke of the appropriateness of the Planning Commission findings, noted that in accordance with ABC regUlations five alcohol licenses would be allowed in that Center, nine currently exist and this request would be ten, the use of this property and surrounding uses is 1- inconsistent with the Land Use Element of the General Plan due to over-concentration, the facility does not meet state regulations as a bonefide eating establishment, as a private club there does not appear to be proven evidence that it meets the demand as a public convenience, and based on such, indicated her support for the Commission and staff recommendation. Vote on the motion to sustain the appeal: AYES: NOES: Brown, Doane, Hastings, Laszlo Forsythe Motion carried I I I 10-11-93 The city Attorney advised that a resolution will be prepared reflecting the action of the Council for consideration at the next meeting. PUBLIC HEARING - PROPOSED ORDINANCE NUMBER 1376 - TOBACCO REGULATIONS Mayor Forsythe declared the public hearing open to consider regulations relative to tobacco products and smoking. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The city Manager presented the staff report relative to the recommendations of the Council appointed Ad Hoc Committee for the study of Tobacco Controls, the Committee having primarily considered tobacco controls of public places, the workplace, eating establishments, public-owned buildings, bars, vending machines, advertising, and single sales. He explained that advertising as it pertains to promotional give away and single sale is prohibited by state law, however cities are not prohibited from adopting local controls, the language of the previously adopted ordinance relating to smoking in publicly owned buildings incorporated into the proposed ordinance as well. He noted that controls are not being imposed on public places, eating establishments, or the workplace, and the ordinance as proposed by the Committee was approved by a five to three vote with one member absent. The Manager pointed out that the cost to implement and enforce the controls as proposed would be approximately $500, and reviewed the suggested actions for Council consideration, during which he mentioned two pending tobacco control bills that will likely be considered by the State legislature during the next session. In response to a question of costs if the ordinance was expanded to include restaurants, the Manager used the city of San Luis Obispo for comparison, their first year cost in the range of $6,000 to $10,000, not including potential litigation, with annual costs thereafter between $3,000 to $5,000, also stated that responses to complaints would be dealt with through the Police Department. Ms. Sally Champlain, Chairman of the Ad Hoc Committee, expressed appreciation for having had the opportunity to serve on the Committee and to the Committee members as well. Ms. Champlain requested that the proposed ordinance, having been debated at length by the Committee, be adopted as presented even though it does not address tobacco controls for restaurants and the workplace, also that the Committee be formally be disbanded as having completed its task. As a resident and health educator, Ms. Champlain stated her view that tobacco use is a public health issue, not a smokers rights issue, and all persons have the right to breathe clean air. Ms. Champlain cited disease and death rate statistics relating to smoking and second hand smoke, resulting legal problems, a number of court decisions ruling against restaurant owners pursuant to the Americans Disabilities Act and Workers Compensation, and reported recent sales tax data has shown that the claim that smoke-free restaurants will not survive is incorrect. Ms. Champlain urged the Council to be mindful of upcoming State legislation as well as regulations adopted by surrounding cities, that the ordinance as proposed be adopted, and be reconsidered within a relatively short period of time for stronger regulations. Ms. Chris Miller, College Park East, expressed disappointment with the results of the Ad Hoc Committee, claiming that the selection of the Committee members predetermined the outcome. Ms. Miller said only eighteen percent of the Orange County population are smokers, therefore restaurants are catering to that percentage to the detriment of eight-two percent of the population, also claimed that if the smoking ordinances of two hundred fifty cities nationwide posed a local negative economic impact those ordinances would be rescinded. She charged that restaurants allowing smoking are the 10-11-93 ones losing business, not those that disallow smoking, and requested council consideration of an ordinance prohibiting smoking in local restaurants. There being no further comments, Mayor Forsythe declared the public hearing closed. ORDINANCE NUMBER 1376 - SMOKING REGULATIONS 1- councilmember Hastings suggested adoption of the proposed Ordinance pending enactment of State legislation, at which time this issue can be readdressed. Ordinance Number 1376 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO TOBACCO CONTROLS. By unanimous consent, full reading of ordinance Number 1376 was waived. Hastings moved, second by Doane, to approve the introduction of Ordinance Number 1376 as presented and that it be passed to second reading. Discussion continued with members of the Council expressing their views which, in part, were that: government should not dictate to business owners how their operation(s) should be conducted; businesses should be left to make their own decisions, however could be encouraged to adopt no smoking regulations; restaurants should make their smoke-free environment known to the public; the individual business climate will eventually dictate what their policy will be; smoking and smoke-free environments are a matter of education; specific efforts should be directed to the youth; also recent court settlements will serve to change the workplace. In support of a ban of smoking in all restaurants, a member of the Council proposed that an initiative petition campaign be launched to accomplish same. Councilmembers Hastings and Doane accepted an amendment of the motion to advise the League of California cities of this city's support of proposed State legislation, AB13. Vote on the motion to approve first reading of Ordinance Number 1376 and the amendment to the motion: I AYES: NOES: Brown, Doane, Forsythe, Hastings Laszlo Motion carried Brown moved, second by Hastings, to disband the Ad Hoc Tobacco Control Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CITY MANAGER REPORTS The city Manager mentioned that a report will be forthcoming for information of the Council and the media with regard to the City's Lifeguard Department participa~ion in the State corps of Engineers/County of orange/City of Seal Beach Beach Erosion Study, the Department collecting data relative to beach measurements, wave actions, etc., all of the information gained to be presented to the corps of Engineers. He reported the recycling proposal is tentatively scheduled for the first meeting I" in November, and the refuse contractor has also been notified of the appropriate hours for residential collection. CITY COUNCIL ITEMS councilman Brown inquired as to the accuracy of a recent news article reporting that the Rossmoor wall could likely be moved into the service District. The city Manager confirmed discussions relative to the wall with the Rossmoor Homeowners Association and reported that although final cost estimates are pending it appears likely that fencing could be placed in front of the wall, with proper supports behind, that would then allow I .1 I 10-11-93 I 10-25-93 for repair of the sidewalk as well as additional time to hopefully assure that the wall will be retained, noting that the Homeowners Association is presently pursuing a petition drive to amend the Community Services District Charter to allow for maintenance of the wall, at which point a recommendation would be presented to Council to quitclaim the wall to that District. With regard to the mention of the removal of the video games from the Rossmoor Center theater and further actions for noise abatement, the Manager reported an indicated intent of the Center to submit plans to the city to reconfigure the parking area, incorporating landscaping, and islands that could be closed off, it is also understood that through a joint effort of the Center and the theater a noise study has been completed, a copy of which has been requested by the city. Councilman Laszlo recalled having been the sole councilperson several years ago in support of a slow growth initiative, the measure defeated by thirty-two votes citywide with a seventy percent vote against by Leisure World, and indicated his readiness to go forward with an initiative effort for no smoking in restaurants. The City Attorney acknowledged that the campaign reform ordinance from the City of Whittier has been reviewed, advised that a draft ordinance is scheduled for consideration of this Council at the next meeting, the ordinance includes a definition of contribution, requires a seventh day prior to election campaign report, the reporting requirement is applied to initiative, referendum and other city measures, and offered to review further the contribution requlations for a husband and wife. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn until Monday, October 25th, 1993 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent at 8:08 p.m. of the Approved: Attest: Seal Beach, california October 25, 1993 The City Council of the City of Seal Beach met in reqular adjourned session at 6:03 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag.