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HomeMy WebLinkAboutCC AG PKT 2009-06-08 #BAGEiV®A STAFF REP®RT DATE: June 8, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OP MINUTES -CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of May 11, 2009. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council adjourned and regular meeting of May 11, 2009. SUBMITTED BY: NOTED AND APPROVED: . 'Yl Li da Devine, City Clerk D id Carmany, ity Manag r Attachments: A. Minutes Agenda Item B Seal Beach California May 11, 2009 Mayor Shanks called the adjoumed meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Shanks Councilmembers Antos, Levitt, Miller Absent: Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Cierk With no objections, Mayor Shanks excused Mayor Pro Tem Sloan from the adjourned meeting. CLOSED SESSION The Mayor stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. The City Attorney announced that the City Council would meet in closed session to discuss the items identified on the closed session agenda. Pursuant to Government Code Section 54956.9(b) conference with legal counsel: anticipated litigation (1 case). ADJOURNMENT The City Attorney reported the Council on a 4-0 vote gave legal counsel directions regarding the matter described on the agenda and no other reportable action was taken. It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:47 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 -City Council 05/11/09 Seal Beach, California May 11, 2009 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Shanks calling the meeting to order with Councilman Antos leading the Salute to the Flag. ROLL CALL Present: Mayor Shanks; Council Members Antos, Levitt, Miller Absent: Sloan With no objections, Mayor Shanks excused Mayor Pro Tem Sloan from the regular meeting. Others present: David Carmany, Ciry Manager Quinn Barrow, City Attorney Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Chief Jeff Kirkpatrick, SB Police Department Jill Ingram, Assistant to the City Manager Captain Tim Olson, SB Police Department Jerry Olivera, Senior Planner Chief Joe Bailey, Lifeguard Department Michael Ho, City Engineer Tim Kelsey, Community Services -Program Facilitator Division Chief Jorge Camargo, OCFA Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager asked to have items "H" & "I" removed from the agenda and continued to the next meeting. Miller pulled items "B", "G", "J", and "N" from the Consent Calendar for separate consideration: Antos moved, second by Levitt, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Mayor Shanks presented the following: ~ May 10-16, 2009 -Peace Officer Memorial Week -Chief Kirkpatrick received the proclamation ~ May 18-25, 2009 -National Beach Safety Week -Chief Joe Bailey received the proclamation Y`r May 13, 2009 - 'The Day of the Teacher" - Ms Shirley Burns, retired teacher received the proclamation ~ JoAnn Adams -Seal Beach Chamber of Commerce 22nd Annual Car Show ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: Brigadier General James Combs, Joint Forces Training Base, gave a brief overview of the pilot composting program that would be located off Lampson Ave. and Arbor Park; 14 residents from College Park East spoke in opposition to the composting project stating concerns: environmental impact report, traffic impact report, vector control issues, truck pollution issues, requested to suspend process until questions are answered, felt a lack of notification to residents, no benefits to the City, heavy trucks will ruin Lampson Ave., noise and safety to CPE residents, City should have informed citizens about the project and their support, should Page - 3 City Council 05/11/09 look into an alternate site, etc.; Gail Ayres, Central Avenue, spoke on item "Q" - opposed to anymore alcohol permits; Lola Fama, Ironwood Avenue, indicated the negative impact from the light from the solar speed sign, located behind her residence on Lampson Avenue, has had on her health and would like the City to remove it; Eldon Alexander, 8th Street, spoke on items "O" (CUP 09-3 appeal) & "R" (restaurants and alcohol sales on Main Street); Mike Buhbe, Central Way, indicated his displeasure on the motto "In God We Trust" being displayed in the Council Chambers; Seth Eaker, Seal Beach Chamber / 13th Street, spoke on several agenda items on behalf of the Seal Beach Chamber; Joyce Parque, 6th Street, presented the Seal Beach Chamber (Seth Eaker) with some old photos of Seal Beach that she had and also stated her opinion on the DWP property. There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given CITY MANAGER REPORT David N. Carmany, City Manager No report given COUNCIL COMMENTS Antos -stated the compost issue is not in the City of Seal Beach but in the City of Los Alamitos and Lampson Avenue is a public street; Miller -made comments regarding the compost project stating some of his objections and asked if a City code could be adopted to restrict trucks on Lampson Avenue -there are other City projects starting that will also impact College Park East; Shanks -requested the City Manager and City Attorney should look into what truck restrictions are already on Lampson Avenue, that the City should not use City funds in the designing or upgrading of the road to Arbor Park, would like the City Manager to coordinate a meeting with General Combs, the residents in CPE, and include the City of Los Alamitos, would like staff to look into the documentations on the compost project (impacts) as well as a map of the area, requested staff to investigate the issue of the solar radar speed sign on Lampson Avenue, and clarified the statement regarding the DWP property -this is an area (entrance into 1st Street parking lot) that affects the completion of the Gold Coast sewer project. The City Attorney indicated that all the documentation on the project should be available to the public. Recess called at 8:53 p.m. - 9:01 p.m. COUNCIL ITEM A. City of Seal Beach Utility User Tax -Council discussion (Antos) Councilman Antos read a written statement indicating that one of his campaign promises was to lower the Utility User Tax (UUT) - (copies of the statement were made available for the public). With no objections Mayor Shanks so ordered staff to prepare a report on how to reduce and eventually phasing down the UUT and all the impacts to the City, as well as the services to the citizens, of any reductions of the current UUT. CONSENT CALENDAR Councilman Miller pulled items "B", "G", "J", and "N" for separate consideration. City Manager removed items "H" and "I" to be continued to the next council meeting. Antos moved, second by Levitt, to approve the recommended actions on the Consent Calendar as amended. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried Page 4 - Ciry Council 05/11/09 B. Pulled for separate consideration -Miller *B. Minutes of April 21 & 22, 2009 Adjourned Budget Study Session and the Adjourned and Regular City Council Meeting of April 27, 2009. C. Approved by Minute Order Demands on Treasury: Warrants: 76576-76802 $725,621.18 Year-to-Date: $25,907,730.62 Payroll: Direct Deposits & Cks 76536-76575 $265,301.06 Year-to-Date: $5,340,675.08 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Received and filed the Monthly Investment Report: March 2009. E. Adopted Resolution No. 5865 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO. 1"; Adopted Resolution No. 5866 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1"; and Adopted Resolution No. 5867 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON". F. Received and filed the Recreation and Parks Commission Report - Increase Recreational Programming in College Park East and Re- establish "Beach Buggy" Shuttle Program (pilot -July 2009) and directed staff to begin negotiations with the Los Alamitos Unified School District. G. Pulled for separate consideration -Miller *G. PersonneVHuman Resources Investigative Services Agreement -Adopt Resolution No. 5868 authorizing the City Manager to execute the agreement with Norman A. Traub Associates for professional services (Budget Amend No. 09-11-01). H. Item removed and continued to the June 8, 2009 Council Meeting. *H. City of Seal Beach Declaring a Public Nuisance at 509 Agua Place - Adopt Resolution No. 5869 declaring a public nuisance at 509 Agua Place. Item removed and continued to the June 8, 2009 Council Meeting. Enforcement of Existing Order to Abate a Public Nuisance at 109-117 Ocean Avenue -Authorize the City Manager to take corrective steps to enforce existing abatement order. Pulled for separate consideration -Miller *J. Inter-governmental Agreement with U.S. Department of Justice, U.S. Marshals Service - Adopt Resolution No. 5870 approving inter- governmental agreement to house federal detainees within the Seal Beach Detention Center. Page - 5 City Council 05/11/09 K. Adopted Resolution No. 5871 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ANNUAL WINTER SAND BERM CONSTRUCTION AND REMOVAL (E.C. CONSTRUCTION CO.), PHASE 3". (Budget Amendment No. 09-11-01) L. Adopted Resolution No. 5872 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE SEAL BEACH BOULEVARD RESURFACING PROJECT N0. ST0907". (All American Asphalt) M. Adopt Resolution No. 5873 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT DEED GRANTING TO THE CITY REAL PROPERTY LOCATED AT THE CORNER OF OLD RANCH PARKWAY AND SEAL BEACH BOULEVARD". (Bixby Office Park LLC is the owner of the subject property -sidewalk purposes) N. Pulled for separate consideration -Miller `N. Water Conservation Ordinance -Metropolitan Water District of Orange County (MWDOC) -Introduction and first reading of Ordinance No. 1586 amending Title 9 of the Seal Beach Municipal Code and setting a public hearing for June 8th Council meeting. O. Adopted Resolution No. 5874 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 09- 11-01 TO APPROPRIATE FUNDING FOR PROFESSIONAL SERVICES FOR CITY MANAGER'S OFFICE AND PUBLIC WORKS DEPARTMENT'. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" /APPROVAL OF MINUTES Councilman Miller pulled this item and made comments regarding the study session -for the next budget study session would Pike to have had more time to study the budget and provide the public more time to study the budget, defeats the purpose of a study session if all councilmembers talk to staff individually to get their questions answered and not discussed as a group, and give the public more time for input (dialog). Mayor Shanks requested staff to include in the policy for conducting council meetings the procedures for. holding a study session. Antos moved, second by Levitt, fo approve the Minutes of April 21 & 22, 2009 Adjourned Budget Study Session and the Adjourned and Regular City Council Meeting of April 27, 2009. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried ITEM "G" /RESOLUTION NO. 5868 /AGREEMENT FOR INVESTIGATING SERVICES /NORMAN A. TRAUB ASSOCIATES Councilman Miller pulled this item and inquired if a person had a complaint or grievance could that person contact the service directly -Response: No, they should go through the Human Resource Department. As part of the forensic audit one of the recommendations (by law) was that the City have an anonymous suggestion/comment box for anyone, employee or public, can make any concerns known to the City -staff is in the process of implementing this recommendation. The City Attorney clarified that it is standard procedure to charge a different fee rate for court related time. Antos moved, second by Levitt, to adopted Resolution No. 5868 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT Page 6 -City Council 05/11/09 FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND NORMAN A. TRAUB ASSOCIATES". (Budget Amend No. 09-11-01) AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried ITEM "J" /RESOLUTION NO. 5870 /INTER-GOVERNMENTAL AGREEMENT WITH U.S. DEPARTMENT OFJUSTICE /DETENTION SERVICES Councilman Miller pulled this item to identify a possible math error in the potential revenue that can be raised from this agreement. Levitt moved, second by Miller, to adopted Resolution No. 5870 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN A DETENTION SERVICES INTER-GOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE". (house federal detainees within the Seal Beach Detention Center) AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried ITEM "N" /ORDINANCE NO. 1586 /WATER CONSERVATION /FIRST READING Councilman Miller pulled this item and made a few statements - it was clarified that this model ordinance has the required elements to be compliant (permanent water conservation measures) -phases 1, 2, and 3 are at the discretion of the council with recommendations from staff for water rationing would come from MWDOC and/or Orange County Water District - this appears to be unenforceable. Antos moved, second by Miller to introduced first reading of Ordinance No. 1586 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE CITY'S WATER CONSERVATION PROVISIONS". The City Attorney read the title for the record and announced that a public hearing and adoption of this ordinance is scheduled for the June 8th council meeting. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried PUBLIC HEARING ITEM "P" /PROPOSED FISCAL YEARS 2009/2011 OPERATING BUDGET / REDEVELOPMENT AGENCY BUDGET/ 5-YEAR CAPITAL IMPROVEMENT PROGRAM Mayor Shanks announced this was the time and place for the public hearing for the consideration of: Fiscal Years 2009/2011 Operating Budget, Redevelopment Agency Budget and Capital Improvement Program. The City Clerk stated that the public hearing notice was published in the Sun newspaper on April 30, 2009, and no correspondence for or against the matter was received. The Director of Administrative Services provided an overview power- point presentation (copy available in the Office of the City Clerk) on the proposed budget: General Fund Undesignated Reserve - $6.2 million; Budget Assumptions and Format Changes; Revenues and Expenditures in all funds; Capital Projects; Additional Requests in proposed budget (intergovernmental expense -water and capital projects -bridge widening and tennis center court resurfacing); General Fund Revenue and Expenditure Summaries for FY 2009/10 and 2010/11; Supplemental Budget Requests (website, mobile data computers, police department furniture, and financial software). State is talking about taking the property taxes away from the cities -about 8% or about $800,000 for Seal Beach (2004 Prop 1-A). Page - 7 City Council 05/11/09 Council comments: • Identify College Park East designated funds as separate line item; • water rates will substantially increase in the future; • bridge project - 2012 or now (response: this is the City's share reserved to give to OCTA when they award the contract); • place on the unfunded items list: CPE water table issue; • park improvement program - $50,000 per year; • finish the pier project -include all the utilities; • Ruby's renovation plan not moving forward - City should finish the resurfacing of pier and include the utilities; • grant funds used to rebuild the pier mandate that the pier remain a fishing pier; and • requested Public Works check all new planks for any unevenness; and • Ruby's expansion -issue over having an area at the end of the pier for fishing. Mayor Shanks then opened the public hearing. Speakers: Robert Goldberg, Clipper Way, (handed out a page of comments) Analysis of Undesignated Fund Balances -itemize the lump sum (include in the budget the pie chart from presentation), City Council -State of the City Luncheon -was not discussed, Non-Departmental - $600,000 retiree health costs should be reduced, Police - 4% pay increase has not been negotiated yet and overtime does not appear to be reduced; Joyce Parque, 6th Street, stated she believes the pier surface is dangerous, it takes all the tax revenue to support the police department, cannot give employee increases and then try and reduce the utility tax, and the elected officials cannot be trusted to do the right thing; Seth Eaker, Seal Beach Chamber/13th Street resident, commented that staff has kept the public informed and that the public should participate in the budget process, there needs to be more dialog during the study session, there is no parking problem -laziness problem, need to shop local, finish the pier, and need to come up with more ways to grow revenue (visitor activities). The Mayor continued the public hearing to June 8, 2009. ITEM "O" /APPEAL CONDITIONAL USE PERMIT 09-3 / 210 MAIN STREET (WAKI SUSHI) Mayor Shanks announced this was the time and place for the public hearing for the consideration of: Conditional Use Permit 09-3 - 210 Main Street (Waki Sushi) - A hearing de novo to consider an application for a CUP for a proposed restaurant proposing the sale and service of beer and wine. The Council will also consider the Planning Commission's recommendation that the City Council waive the applicant's appeal fee of $1,000.00. The City Clerk stated that the public hearing notice was published in the Sun newspaper on April 23, 2009. The Senior Planner gave the staff report indicating that staff received one letter in support and one letter in opposition to the CUP (copies were given to the Council before the meeting and copies were available for the public). Full transcript of the Planning Commission public hearing of April 8th was provided to the Council in their agenda packet -Commission denied, without prejudice, CUP 09-3. The applicants have filed a Statement of Appeal. The City Attorney clarified that the appeal item is before the New Business agenda item in order for the applicants to have a fair hearing. Mayor Shanks then opened the public hearing. Mr. Yong Park, applicant for appeal, stated he was aware of the alcohol issue but believes that the characteristics of a Japanese restaurant most customers would expect saki or beer with their meals -willing to open the restaurant without alcohol license but believes reputation of the restaurant would come from the first time visitors -this would make it harder for future return customers. Speakers in support of the applicant: Gary Putnam, property owner of 210 Main Street, stated that he advised Mr. Park, in good faith, to go to the City to find out what was necessary for him to open a business on Main Street -felt this is a very good business for Page 8 -City Council 05/11/09 Main Street -believes that the City did not inform the applicant at the start of the process that there would be a problem with his application -stated that his tenants at 210 Main Street will not be disorderly -this is a long-time family owned property -was not aware that the yogurt shop was going in at Grandma's; Robert Goldberg, Clipper Way, ~ said that impact on the neighborhoods would be the amount of alcohol consumption on Main Street and parking is a problem - majority of the alcohol related incidents come from three establishments on Main Street -need public discussion on the real problem this includes parking (Main Street Specific Plan); Joyce Parque, 6th Street, commented on the parking problem -supports the idea of more restaurants on Main Street -people will come to eat and to shop -Planning Commission approved other restaurant owners to have a beer and wine license; Eldon Alexander, 8th Street, said there is not a parking problem in Seal Beach it is a convenient problem -walking is part of the beach atmosphere -number of alcohol licenses allowed in a given area is misleading -surrounding residential areas come into Seal Beach to enjoy our establishments -Main Street was always built to encourage restaurants and other tourist type establishments -opponents wanting prohibition in the past Seal Beach needed it -Seal Beach has learned to take a proactive consideration to the possible problems, like St. Patrick's Day; Seth Eaker, Seal Beach Chamber, indicated that he had submitted written communications regarding this issue stating that the Chamber supports the applicants appeal - 80% of problems come from 20% of the establishments - do not make the applicant pay the price for a moratorium -currently there are nine vacancies on Main Street -there should be a reasonable compromise to allow the applicant to open his restaurant -there appears to be a sticky wicket before the Planning Commission regarding past and future establishments and alcohol CUP's - should not create more constrainments on business owners but use what is already in place. Ms. Jane Park, co-applicant, indicated that they were excited to open a restaurant in Seal Beach -they were aware that there was a possibility of the over concentration of alcohol serving restaurants on Main Street and the parking issue but no one ever said they could not open it or they could not do it -believes that their business was jeopardized over the city's parking issue -felt the Commission wanted more retail businesses instead of restaurants -requested the Council to reconsider the denial. At 10:45 p.m. Miller moved, second by Antos, to continue the Council meeting until 11:59 p.m. to consider the remaining agenda items in accordance to Council Policy 100-03. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried Council comments: There are about 19 liquor licenses on Main Street and the licenses are subject to a Conditional Use Permit -once approved the CUP runs with the land -therefore it never goes away -this creates an over concentration of licenses in one area; o consideration of having a liquor permit instead of a CUP; ° applicant's property is under parked -restaurants require 3 times more parking spaces than retail; o the City needs to address the issue of controlling liquor licenses and parking in the downtown area; ° clarified that the parking issue for this CUP, if approved, the applicant would need to participate in the in-lieu parking program -currently grandfathered in for 3 parking spaces -with the proposed square footage (1,000) they would need 11 spaces; o the consumption of alcohol is not the problem for this issue; o parking problem is created when visitors do not park in the beach lots and walk to Main Street -this affects all the businesses; o there are several other Japanese eateries in the city; o need to keep a variety of businesses on Main Street; Page - 9 City Council 05/11/09 Antos moved, second by Levitt to refund and waive the applicant's appeal filing fee of $1,000. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried Antos moved, second by Shanks, to direct staff to draft a resolution to deny Conditional Use Permit 09-3. AYES: Antos, Shanks ABSENT: Sloan NOES: Levitt, Miller Motion failed The City Attorney explained that the public hearing de novo means that the appeal would be denied but by operation of law a resolution would be needed and that would require 3 votes. Shanks moved, second by Antos, to continue the public hearing to June 8, 2009. AYES: Antos, Levitt, Miller, Shanks ABSENT: Sloan NOES: None Motion carried UNFINISHED BUSINESS No items at this time. NEW BUSINESS ITEM "R" /RESTAURANT USES AND ALCOHOL LICENSES /MAIN STREET The Senior Planner gave a brief staff report outlining the concerns that have been expressed by the public and Commission since December 2005: Possible over-concentration of restaurant uses on Main Street; Over-concentration of liquor licenses on Main Street; Impacts on parking in residential areas due to parking for restaurant customers and/or employees; and Lack of additional parking spaces created by use of the in-lieu parking program. Staff is asking City Council to consider the staff report and provide direction to Staff regarding any future desired actions by staff, the Planning Commission and City Council to address concerns and issues that may be identified by the City Council. Councilman Antos comments: Over concentration of alcohol license rights (CUP) running with the property -need to address how to monitor approval of licenses -the non-conforming parking issue - in-lieu parking program does not alleviate the parking problem only causes other problems for all businesses and neighborhoods. The City Attorney clarified that the current alcohol licenses granted by CUP run with the land (for like establishment) and can only be used as originally approved (e.g. can not use a CUP approved for restaurant as a bar CUP) and this CUP can not be converted to a City liquor permit, staff will need to research if it is possible for the City to issue their own liquor permit that does not run with the land -there could be some issues with ABC -this is the state's jurisdiction. The City Attorney also clarified that the City has the power to revoke a CUP: 1) upon initially receiving the CUP the applicant has to exercise it within 1 year or 2) when the business ceases to exist (either by code or policy it states if electricity is turned off) staff will need to research. The Planning Commission would like direction from Council regarding the adopted Main Street Specific Plan currently stating there is a diversity of types of uses. Councilman Levitt stated the current issue should not be too many eateries it should be too many vacant store fronts. Mayor Shanks questioned that wouldn't a landlord rather lower their rents to keep their tenants rather than have a vacant building? Mayor Shanks directed staff to provide Council with an updated report on the Main Street Specific Plan that would deal with restaurants and parking, provide Page 10 -City Council 05/11/09 the number of businesses that are currently on Main Street, and the number of alcohol CUP's and type. It was suggested that staff advise any future applicant that the City Council is currently studying this issue and it may be determined that their request is not compatible with other uses on Main Street or Council may decide to not allow any Conditional Use Permits. ADJOURNMENT Mayor Shanks announced that former Planning Commissioner Jim Sharp passed away. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:37 p.m. to Monday, June 8, 2009 at 6:30 p;m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California May 26, 2009 By action taken by the City Council on April 27, 2009 the regular City Council meeting scheduled for this date was cancelled and the City Clerk adjourned to June 8, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.