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HomeMy WebLinkAboutCC Min 1992-12-14 11-23-92/12-14-92 manufacturer, yet it may be possible to identify a class of vehicle. Councilmember Hastings reported on a recent meeting of the Save Our Beach Committee at which Chief Miller and Captain Davis of the Long Beach Marine Department made a presentation ' relating basically to the nearly year old artificial reef off of a portion of the Long Beach coastline. She noted that there is insufficient information at this time to determine if such a reef would aid Seal Beach in its sand erosion problem given the difference in tidal flow and wave action, yet there was a consensus that a means to replenish sand on the east beach must be found. Councilmember Hastings mentioned that a question was raised as to whether the new Long Beach dredge, in conjunction with the Navy barge, could be rented to dredge the San Gabriel River as a source of beach sand. She suggested that more time be given an evaluation of the Long Beach reef prior to a presentation before this City Council. I ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Mario Voce, 730 Catalina Avenue, requested that the staff report relating to recycling be forwarded to the Solid Waste Committee for their review and comment. The City Manager noted that the Committee function ceased upon adoption of the Source Reduction/Recycling Element, however offered to meet with the former members and to forward the rate increase report as well. He noted that the concept of the type of recycling program and once versus twice per week refuse collection had been combined with the hearing relating to a refuse rate adjustment for calculation purposes, however indicated those issues could be separated if so desired, also that January 1st is the deadline for adoption of a recycling program. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, December 14th at 6:00 p.m. to meet in Closed Session. I The meeting was adjourned by u 'mous consent at 7:34 p.m. erk and ex-of of Seal Beach Approved: _ ~I_./ ~ AyA..J' Mayor I Attest: Seal Beach, California December 14, 1992 The regular adjourned meeting scheduled for 6:00 p.m. this date was cancelled due to the lack of Closed Session business items for discussion. I I I 12-14-92 Jo ci Seal Beach, California December 14, 1992 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: 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 Mr. Osteen, Director of Parks and Recreation Mrs. Yeo, City Clerk WAIVER OF FULL READING Brown moved, second by Doane, 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 ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Seretta Fielding, 223 Seal Beach Boulevard, spoke regarding the impact of the recent storm on the easterly portion of the downtown area. She requested that the City consider establishing a fund to which donations could be made to assist persons who lose their belongings in the event of a disaster and are uninsured. She offered her business location as a contact for donation of material items. In lieu of sending holiday greeting cards, Councilmember Hastings offered a $100 donation to the fund. Ms. Reva Olson, Seal Beach, questioned the time frame to hear the appeals to the Planning Commission approvals of extended hours and entertainment for two Main Street eateries. The city Attorney noted that the Municipal Code provides a period of forty days for the Council to hear an appeal, however mentioned there is no provision of State law governing such time frame nor is there a penalty cited in the local Code should the forty day period be missed. Given the indication to cancel the Council meeting of December 28th, discussion followed with regard to setting the hearings on an alternative date to the January 11th regular meeting and within the forty day time frame. Agreement to a January 4th adjourned meeting was indicated. Further consideration of the date of the appeal hearings was postponed until later in the meeting. Mr. Richard Jackson, Seal Beach, also spoke regarding the recent rain storm and the flooding of the easterly portion of downtown, which he cited as not a unique 12-14-92 problem to that area. Mr. Jackson mentioned receiving an abrupt conclusion to his call to the Police Department at the time of the storm even though he understood a number of emergency calls were incoming, and expressed some concern with the availability of only three pOlice officers on a Monday evening, as on the night of the storm, in the event of other emergency situations. He reported there is no contact information on the flood control I facility on Seal Beach Boulevard that is operated by the County, the Police Department did not notify the County of a potential overload problem at that facility, and no emergency response procedure was activated. He suggested that all citizens become familiar with the various types of facilities, whether it be gas, electricity, sewers, etc., the jurisdiction of same, and the appropriate contact telephone number, and as mentioned at the community meeting subsequent to the storm, all persons need to be capable of dealing with resulting problems in the event of emergency situations and where there are numerous calls for assistance. Mayor Forsythe said she had become aware that College Park East has held several seminars to make the neighborhoods aware of how they can help themselves in the case of a major event. Mr. Bruce stark, Seal Beach, claimed that clogged drains caused part of the storm flooding problem and suggested they be cleaned periodically. In reference to a news article regarding the recent automobile/bus stop accident, he noted a proposal that the Police Department commence a Leisure World patrol and issuance of warning notices to drivers for motor vehicle violations, which he alleged is for public relations purposes, and asked why such a program would be initiated rather than having the officers patrol other areas of the community where crime exists. Mr. Mark HotChkiss, Old Town, expressed his belief that the City is out of compliance with the California Environmental Quality Act by the granting of certain Conditional I Use Permits, stating that CEQA provides that any discretionary action, including a CUP, is a project and if there is a potential for cumulative impact it is not categorically exempt, in which case an initial study would need to be prepared to determine if an impact exists, which in turn would require either a negative declaration or environmental impact report for those conditional use permits for intensification of use on Main Street. Ms. Marilyn Dewitt read a December 14th communication from the League of Women Voters, Seal Beach Unit, in support of adoption'of policies that enhance and preserve the unique identity of the community and its human and natural resources, recognizing the need for an environmental impact study of the cumulative impact of granting conditional use permits for the sale of alcoholic beverages on Main Street. There was further discussion as to a date certain to consider the appeals filed to the Planning Commission approval of entertainment and extended hours for the two Main Street eateries. RESOLUTION NUMBER 4192 - HONORING JASON PAUL SAKOWSKI - EAGLE SCOUT AWARD Resolution Number 4192 was presented to Council and read in full by Mayor Forsythe entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING JASON PAUL SAKOWSKI FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE I AWARD." Laszlo moved, second by Forsythe, to adopt Resolution Number 4192. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENTS - ARCHAEOLOGICAL ADVISORY COMMITTEE Councilman Laszlo appointed Mr. Bruce Fitzpatrick, 4401 Candleberry Avenue, as the District Four representative to the Archaeological Committee, and requested that the second District Four appointment be held over. Councilman Doane asked that the I I I 12-14-92 District Five appointment be held over until next meeting pending acceptance by his nominee. Mayor Forsythe appointed Ms. Jean Frietz, Santa Ana, as the second District Three appointee to the Committee. Hastings moved, second by Laszlo, to confirm the appointments to the Archaeological Advisory Committee. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPOINTMENT - ORANGE COUNTY VECTOR CONTROL DISTRICT By unanimous consent of the Council, Councilman Laszlo was reappointed as the City's representative to the Orange County Vector Control District Board of Trustees for the two year term expiring at the end of 1994. , CONSENT CALENDAR - ITEMS "D" thru "H" Brown moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented. D. Approved regular demands numbered 89901 through 90074 in the amount of $895,369.63, payroll demands of November 24th in the amount of $192,575.76, and payroll demands of December 8th in the amount of $233,332.07 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Approved the minutes of the regular adjourned and the regular meetings of November 23, 1992. F. Bids were received for Project Number 630, Resurfacing of Guava, Fir, Elder and Dogwood Avenues and Rose Street until December 7th, 1992 at 1:30 p.m. at which time they were publicly opened by the City Clerk as follows: Boral Resources R. J. Noble Company Sully Miller Silvia Construction Excel Paving Company Industrial Asphalt $110,702.00 117,847.75 119,395.00 119,771. 60 125,755.00 126,039.05 G. Awarded the bid to Boral Resources as the low bidder in the amount of $110,702.00 and authorized the City Manager to execute the agreement on behalf of the city. Adopted Resolution Number 4193 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PERTAINING TO SEVERANCE AND SEPARATION BENEFITS." By unanimous consent, full reading of Resolution Number 4193 was waived. H. Adopted Resolution Number 4194 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR CLOSURE OF SPECIFIED CITY OFFICES AND FURLOUGH OF DESIGNATED EMPLOYEES." By unanimous consent, full reading of Resolution Number 4194 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 12-14-92 As a point of clarification, the City Manager explained that city Hall and the City Yard will be closed December 21, 22 and 23 in conjunction with the December 24th and 25th holidays, the employees furloughed for the three day period, the result being an approximate $40,000 salary and benefit savings. He noted also that the employee bargaining unit agreed to the furlough, that the Police Department, with the exception of Police I Administration, will not be participating, and that emergency services will be available. CONTINUED PUBLIC HEARING - REFUSE COLLECTION RATES / RECYCLING PROGRAM It was the order of the Chair, with consent of the Council, to continue the public hearing until the next regular meeting, as requested by staff. CONTINUED PUBLIC HEARING - FEES/CHARGES - GOODS and SERVICES Mayor Forsythe declared the continued public hearing open to consider the adjustment of fees, rates and charges for goods and services provided by the city. The city Manager presented the staff report, noted that such fees are required to be in compliance with State guidelines, equivalent to or below the cost of providing the service, pointed out that while some degree of subsidy remains for many of the goods and services the adjustment reduces the percentage of subsidy or recognizes a general public benefit in providing the service, and that the gain to the General Fund from reduced subsidy and direct revenue is estimated between $40,000 to $45,000 on a fiscal year basis. Councilman Laszlo spoke to and made recommendations with regard to Building Valuation Fees, Special Service Fees relating to aircraft hangers where no repair work is done, Recreation Fees for the use of parks by resident youth groups, and Beach Parking Fees for buses, I motorhomes, and other vehicles over twenty-five feet. There being no public comments, Mayor Forsythe declared the public hearing closed. RESOLUTION NUMBER 4195 - FEES/CHARGES - GOODS and SERVICES Resolution Number 4195 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES, RATES AND CHARGES FOR GOODS AND SERVICES PROVIDED BY THE CITY OF SEAL BEACH, AND REPEALING RESOLUTIONS NUMBERED 3960, 4083, AND 4116." By unanimous consent, full reading of Resolution Number 4195 was waived. After further discussion, Brown moved, second by Doane, to adopt Resolution Number 4195 as amended to include the requests of Councilman Laszlo as follows: 1) that the Building Valuation Table for the category of $1.00 to $500.00 be ten percent of the permit valuation rather than $50.00; 2) that the beach parking fee for buses, motorhomes, and other vehicles over twenty-five feet be increased from $10.00 to $20.00 in the 8th and 10th Street lots for the period May 1st through October 1st, the $8.00 weekday and $10.00 weekend rates for the 1st Street lot to remain unchanged; 3) that the charge for use of city parks (Edison, Zoeter, Gummere, College Park), without lighting, by resident youth groups be reduced from $5.00/hour to zero with a clarification that youth groups are defined as persons age sixteen and under I and shall consist of a minimum of twenty-five percent Seal Beach residents. The City Manager recommended that the Electrical Fee for aircraft hangers remain in the Resolution in the event an application for such use is submitted at some future time, and noted that there has been a direct General Fund subsidy of Parks and Recreation in excess of $90,000 over and above park maintenance costs. with regard to requiring out-of-town buses to parking in the lots rather than on the streets, the City Attorney cautioned that could pose an enforcement problem or an ordinance would need to be in place that would subject the parking of all buses in the City to a fee. with regard to the issue of safety 12-14-92 for bus loads of children being left at the beach, particularly during the summer months, the Manager mentioned that staff is looking into a program similar to that of Bolsa Chica state Beach where persons accompanying a group of a certain size is required to participate in a safety training program for a specified number of hours, and a fee is charged for that program. II Vote to adopt Resolution Number 4195 as amended: I I AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:12 p.m. The Council reconvened at 8:21 p.m. with Mayor Forsythe calling the meeting to order. ORDINANCE NUMBER 1363 - RECOVERY - CRIMINAL JUSTICE ADMINISTRATION FEES Ordinance Number 1363 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING THE RECOVERY OF CRIMINAL JUSTICE ADMINISTRATION FEES, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1363 was waived. Doane moved, second by Hastings, to approve the introduction of Ordinance Number 1363 and that it be passed to second reading. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AGENDA AMENDED Doane moved, second by Laszlo, to consider Item "M" at this time. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried BEACH and MARINA PARK TOT LOTS The City Manager reported that the Parks and Recreation Commission recently met to receive input and consider the replacement of playground equipment at the Beach and Marina Park Tot Lots. The recommendations of the Commission were to approve the plans for the Beach Tot Lot as presented by the Junior Women's club and direct staff to take the necessary steps to implement the project, also that the Quimby monies now available be used to enlarge the existing Marina Park Tot Lot area, purchase and install new playground equipment, install a wall along Marina Drive between the tennis courts and the community center building, and that the Marina Park Trust Fund be kept open to receive donations to complete the community center repairs/improvements consisting of new doors, heating system, enclosure of the patio area with a higher wall, and construction of a dumpster enclosure that were originally scheduled for completion with the Quimby funds, also that a Council appointed committee be created to work on fundraising programs, the selection of playground equipment and other amenities for the Marina Tot Lot. The Recreation Director noted that the Beach Tot Lot plans were modified somewhat after considerable review and resulted in the reinstatement of four standard parking spaces and the addition of two compact spaces, also that the equipment recommended by the Juniors is the best available. The Mayor pointed out that the Juniors have raised the funds for the Beach Tot Lot improvements, the area will be enlarged, a new wall will be constructed, and the equipment is accessible to the physically challenged. Representatives of the Junior Women's Club provided a sketch of the Beach Tot Lot to Councilman Laszlo for his information. 12-14-92 Doane moved, second by Hastings, to accept the recommendation of the Parks and Recreation Commission for improvements to the Beach Tot Lot. AYES: NOES: ABSTAIN: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried The Recreation Director explained that sufficient Quimby Act monies exist to purchase and replace the deteriorated playground equipment and construction of a wall at the Marina Park Tot Lot, those funds initially intended for other improvements at the Center, and that the Junior Women's Club and other organizations, through the assistance of a Council appointed committee, will continue to raise funds for donation to the trust fund for the improvements and replacement of the Quimby Act monies. Councilman Laszlo questioned the need to replace the Quimby funds. It was clarified that the intent of the Juniors was to raise sufficient funds for both projects, that the need to replace the playground equipment in a more timely manner is urgent, and at such time as the Quimby monies are replaced the other improvements to the Center can be made, also it is felt that fund raising for the Tot Lot rather than building improvements will be more successful. Councilman Doane suggested that appointments to the committee not be limited to the councilmanic districts, and offered to relinquish the District Five appointment to other interested persons. Mayor Forsythe indicated her intent to appoint Ms. Tina stevenson to the Tot Lot Committee. Hastings moved, second by Doane, to accept the recommendations of the Parks and Recreation Commission for the Marina Park Tot Lot and that a committee be created to direct fund raising programs and selection of playground equipment. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried CLOSED SESSION The city Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(b) to discuss an issue of potential litigation. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:46 p.m. The Council reconvened at 9:18 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the Council had discussed the item previously announced, and that no action was taken. I I MAIN STREET CUMULATIVE ENVIRONMENTAL IMPACT ANALYSIS The Director of Development Services presented the recommendation of the Planning Commission, the result of public comments suggesting that the City should consider the cumulative impacts that might arise from the expansion or intensification of uses on Main Street. The Commission recommended specifically that 1) staff be directed to prepare an environmental assessment pursuant to the California Environmental Quality Act regarding I expansion/intensification of uses along the Main Street commercial corridor between Pacific Coast Highway and the ocean; and 2) that the establishment of a moratorium be considered for expansion/intensification of uses in the same study area pending completion of the Environmental Assessment and implementation of appropriate measures to mitigate any significant environmental impact revealed by the analysis. He noted that the requests for extended hours and entertainment considered and approved,by the Planning Commission have been appealed to the city council, in those cases the major areas of concern expressed by the public were conflicts between commercial and residential land uses such I I I 12-14-92 as late night impacts of noise, disturbances, public safety, and inadequate parking, and potential intensification of commercial uses without adequate environmental review as part of the decision-making process. The Director reviewed the staff report that set forth in some detail the history of zoning provisions and alcohol sales in Seal Beach, land use and zoning conflicts, previous General Plan/Environmental Impact Report findings, the Main Street Specific Plan, additional Main Street studies, the request for a Cumulative Impact Analysis/Environmental Assessment, the request for a moratorium during consideration of the CUmulative Impact Analysis, and the estimated fiscal impact of various stages of additional environmental review. The city Attorney explained it is within the discretion of the council to require an environmental assessment for all expansions or intensification of uses along Main Street or adoption of an interim ordinance prohibiting the issuance of permits without the environmental documentation, or both, provide direction to staff with regard to the four pending applications, and/or provide additional direction to staff and the Planning Commission regarding the issue of concern. With regard to Alcoholic Beverage Commission criteria for the issuance of alcohol licenses, the Director made reference to ABC Rule 61.3 relating to undue concentration of licenses, that based upon the number of on-premise and off-premise liquor licenses to census tract population. He noted that in the event a community does not have a conditional use permit process, ABC can deny a license if it is located in a census tract that has an over-concentration of licenses and a crime rate that exceeds twenty percent of that of the community overall, and where there is a CUP process, as in Seal Beach, each application is reviewed on its own merit, taking into consideration the concentration and crime issues, with the ability to approve or deny a request, also experience has shown that ABC usually does not over-ride a denial under the CUP process. He mentioned that probably between eighty-five to ninety-five percent of cities have a CUP process, particularly for on-premise establishments, and in the case of an off-site premise where a CUP is not required and is a permitted use through zoning, a business license and compliance with building and fire code requirements is basically all that is necessary to open, without any concentration consideration. He recalled the concentration criteria for on-premise establishments to be one per approximately one thousand persons, and one per about twelve hundred persons for off-site. In response to Councilman Brown, the City Attorney confirmed that the Council could direct that the categorical exemption no longer be used for intensification of use applications, that further environmental assessment could be required if it is felt there is or may be a cumulative impact even if an application were categorically exempt, and in such case the applicant would assume the cost of the assessment. The Director mentioned that under the current process applications such as those currently under appeal are considered by the Planning commission, however applications of a general environmental nature with communitywide impact are reviewed by the Environmental Quality Control Board as well as the Planning Commission if so directed, and the issue of cumulative impact could be such an issue. He clarified that should the categorical exemption not be used in the future, each project application would require preparation of an initial study, review, and determination as to whether a negative declaration or environmental impact report should be prepared. Councilmember Hastings expressed concern that a directive that the categorical exemption not be used could be changed at some point in the future and suggested that a provision prohibiting use of the exemption be placed in the Municipal Code. The city Attorney mentioned that the Council could establish such directive by various methods, a policy statement, minute order, or resolution being sufficient, that once an initial study of cumulative 12-14-92 impacts is completed future applications would require either a negative declaration or environmental impact report based upon the information derived from the study as well as the need to establish findings, and given the possibility of a differing Council policy in the future without a study, the city could be open to potential litigation, thus an ordinance would not be recommended. He noted that should a directive be established by I one of the means previously mentioned, each application could be heard under public hearing to review the environmental analysis, and likewise a public hearing could be required to chanqe the council policy with regard to categorical exemptions. Discussion continued and it was noted by staff that should be moratorium be considered, it would be in effect for a period of forty-five days, could be extended, would apply to future applications for expansion or intensification of use, and could, if desired, apply to those applications presently on appeal. It was also mentioned that environmental issues are typically set forth by resolution, that there could be difficulty in addressing environmental issues in ordinance form, and reiterated that any future consideration of relaxing a Main Street environmental review policy could require a public hearing to do so, either for a specific project application or in general, likewise the CEQA guidelines allow for review where it is felt there are cumulative impacts. Mayor Forsythe stated her understanding of the Council comments to be: 1) that all projects that come before the City involving intensification for Main street be required to have an environmental review; 2) that no such permits shall be issued without an environmental assessment; and 3) that no projects are to receive a categorical exemption as allowed by CEQA. with regard to Councilmember Hastings concern relating to an application for the previous Green Pepper location, staff indicated that an application was recently filed, also that the 1- applicant has been requested to provide the basic information from which an initial environmental study can be made. The city Attorney confirmed that an environmental assessment could be required of those applications currently in the process and/or on appeal if desired, even though there had been a categorical exemption at the time of the initial hearings. Councilman Brown indicated concern with placing additional requirements on the applications previously filed. Mayor Forsythe inquired as to Council support for the guidelines previously mentioned, as well as an exemption from those guidelines for the four projects currently in process. staff noted that the Green Pepper location is proposed for a pizza restaurant, beer, wine, and variance from parking requirements. After further discussion and amendment of the initially proposed moratorium ordinance, the City Attorney recommended a proposed Resolution entitled "A RESOLUTION OF THE CITY OF SEAL BEACH DIRECTING STAFF TO REQUIRE AN INITIAL STUDY FOR THE EXPANSION OR INTENSIFICATION OF CERTAIN NONCONFORMING COMMERCIAL USES." It was clarified that the Resolution would require additional environmental assessment of all applications filed after December 14, 1992 for the intensification or expansion of any nonconforming use on Main Street or Ocean Avenue, as set forth in Exhibit A thereto, elimination of the 1 categorical exemption for same, and requirement for public hearing for any change to the Resolution. Councilman Brown moved to adopt Resolution Number 4196 as amended. Councilman Doane seconded the motion. As a point of clarification with regard to the previously mentioned Main Street restaurant site, it was noted that there would be an intensification of use if an eatery replaced a non-restaurant business, however if there were simply a transfer of ownership it would not be considered intensification provided that all conditions remained the same. I I I 12-14-92 Vote to adopt Resolution Number 4196: AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL CONCERNS Councilman Doane indicated concern to a citizen's objection to the use of the Police Department to correct a situation in Leisure World where persons should likely no longer be driving, brought to the attention of the driver through the issuance of warnings, which he said is not a public relations program. Councilman Doane expressed regrets with regard to a recent traffic incident involving a Leisure World driver that resulted in a fatality. Councilman Brown wished all a Merry Christmas and a prosperous New Year. Councilman Laszlo reported that the cost of cable service will increase as of January 1st with a charge to the consumer for the tax assessment on Comcast, which they claim is unfair. He expressed his objection to the tax assessment, the franchise fee charge, and suggested citizens voice their objection to the General Manager of Comcast. Councilman Laszlo commended the college Park Neighborhood Association for their recently held annual winter event, as well as those who performed, the neighborhood participants, and the Lions Club for their participation and assistance. councilmember Hastings concurred with the criticism of Comcast Cable, and added her displeasure with rescheduling of City Council and Planning Commission rebroadcasts. with regard to the recent storm, the city Manager reported that arrangements have been made with the refuse disposal service to pickup storm debris from certain downtown areas upon special request, and if determined to be a result of the storm the City will assume the pickup costs. Councilmember Hastings wished all a Merry Christmas and Happy Hanuka. Mayor Forsythe announced the Christmas tree recycling program, the dates and times that the trees may be delivered to the City Yard. The City Manager indicated belief that the recycling program may continue through January 2nd. The Mayor also commended the recent College Park East festivities, acknowledged their Christmas decoration contest, suggesting other areas do the same next year, and announced the commencement of a disaster preparedness program after the first of the year similar to that in College Park East. with regard to safety concerns expressed regarding the bus stop at 5th Street and Marina Drive, the City Manager said it was his understanding that the City Engineer would be on-site Wednesday morning at 7:30 a.m. to observe the area. Councilman Brown announced that a horse drawn carriage would be transporting carolers throughout Leisure World on December 20th. The city Attorney reviewed the specific changes to Resolution Number 4196, previously adopted. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Charles Antos, 17th Street, spoke regarding the Main Street cumulative impact item, and stated that the action of the Council did no more than require an environmental analysis at the time of a request to intensify a use. He said that studies from the mid- 1970's may no longer be applicable given the changes that have taken place over time, that recommendations of the Downtown Task Forces were never fully implemented, nor has the parking situation been dealt with, citing the use of in-lieu parking as an example. He offered that the city must conduct a master assessment of Main Street, all of the identified problems and uses, not just alcohol and parking. Mayor Forsythe responded that the City is aware of the concerns, however pointed out that funds are not available to conduct a master environmental study at this time, yet in the interim everything possible will be done to help the people in the area. Ms. Reva Olson, Seal Beach, said she felt the issue of in-lieu parking had not been addressed, nor 12-14-92/12-28-92 is there an adopted Main street plan, voiced her opinion tha~ cumulative impacts of intensification on Main street and in-lieu parking have already created an impact on the adjacent residential neighborhoods, and complained that there has been a lack of planning for the Main street area. Mr. David Rosenman, Seal Beach, disagreed with the Main street issue conceptually, stating that since the restaurant on Main street (Green P~pper) I ceased business there has been entertainment permits, new businesses with alcohol, and on-site alcohol requests approved, and in his opinion it would be less costly to remediate the issue properly rather than through another more costly means such as litigation. He voiced his concern with the actions of the Planning Commissioners representing Leisure World, alleging their approval of requests without due concern for the adjacent area or its residents, such actions often leading to appeals to the Council and the potential for litigation. Mr. Bruce Stark, Seal Beach, stated his perception that Main street is doomed to twenty-one liquor establishments in perpetuity. with regard to an expressed safety concern for the vicinity of 2nd Street and Marina Drive, Mr. Stark suggested that parking be eliminated for at least one hundred feet to resolve the problem. He also mentioned the announced retirement of Parks and Recreation Director, Jack Osteen, commended his services to the community, and suggested an appropriate celebration be planned in his honor. The city Attorney clarified that the Council made no decision nor took any action with regard to the application for the prior Green Pepper restaurant site, that application to be processed in the usual manner. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the consensus of the Council to cancel the regular meeting I of December 28th. It was the order of the Chair, with consent of the Council, to direct that the December 28th meeting be adjourned until Monday, January 4th, 1993 at 7:00 p.m. The meeting adjourned by unanimous consent at 10:53 p.m. C erk and ex-off1C10 f Seal Beach the Approved: ~I" / ~ ...>~L' -' , Ma or (l Attest: NOTICE OF CANCELLED / ADJOURNED MEETING NOTICE IS HEREBY GIVEN that the City Council of the city of Seal Beach did, at their regular meeting of December 14, 1992, determine that the regular City Council meeting of December 28, 1992 is hereby cancelled. I NOTICE IS HEREBY FURTHER GIVEN that the regular meeting of December 28th, 1992 is hereby adjourned until Monday, January 4, 1993 at 7:00 p.m. in City Council Chambers, 211 - 8th Street, Seal Beach.