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HomeMy WebLinkAboutCC Min 1993-03-08 I I I 2-22-93/3-8-93 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, March 8th at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 10:32 p.m. Approved: - d"~r< aZ:.r-<-,. ayor Attest: Seal Beach, California March 8, 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 C.U.T, Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo Absent: None Also present: 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 to discuss Mola versus city of Seal Beach and personnel matters. The Council adjourned to Closed Session at 6:02 p.m. by unanimous consent. The Council reconvened at 7:00 p.m. with Mayor Forsythe calling the meeting to order. The city Attorney reported the council had discussed the items previously identified and noted that Judge Brickner, Orange County Superior Court has granted the city's motions and it appears there will be no trial in the Mola matter. ADJOURNMENT Brown moved, second by Hastings, to adjourn the meeting at 7:01 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried 3-8-93 Approved: ~""" ./~JjC:L' '. M yor I Attest: 9nu-lJIl1 ~ y erk / Seal Beach, California March 8, 1993 The City Council of the City of Seal Beach met in reqular session at 7:01 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 I: Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, city Clerk WAIVER OF FULL READING Hastings moved, second by Laszlo, 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. Chris Miller, College Park East resident, requested the preparation and adoption of a citywide non-smoking ordinance, as has been done in other cities, specifically citing application to restaurants and drinking establishments. She asked that this subject be placed on the next Council agenda, that a task force be formed to review information relating to this issue, and predicted future litigation as a result of second hand smoke. The city Attorney acknowledged that cities have experienced considerable legal challenge, expenses, and compromise settlements as a result of no smoking ordinances, specifically with regard to restaurant restrictions, and offered to research whether any ordinance has been upheld. Mayor Forsythe advised that the city has adopted an ordinance prohibiting smoking in City-owned facilities at which meetings are held, that to impose such restrictions on a private establishment may pose legal ramifications, noted that persons have the right to choose whether or not they frequent a business that allows smoking, also as more information becomes available I' I I I 3-8-93 the trend is towards no smoking. There was an indication to possibly consider appointment of a-task force to gather and evaluate information and actions of other cities relative to smoking. Sol John, Seal Beach, said people have to make up their own mind to stop smoking and drinking. Mr. Roger West, 1201 Electric Avenue, demanded that parking meters be installed in the downtown area before any other tax or fee is imposed on the citizens. He made reference to other shopping areas within the community that are required to provide and maintain their own parking, pay taxes on that property, yet provide the greatest percentage of sales tax to the City as compared to Main Street where landlords are granted parking and services free of charge while collecting equal rents. There being no' further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENTS - BOARDS/COMMISSIONS Archaeoloaical Advisorv Committee Councilman Laszlo asked that the District Four appointment to the Archaeological Advisory Committee be held over. Marina Center Park ImDrovement Committee Councilman Laszlo appointed Ms. Deanna Hardwick, Ironwood Avenue, to the Marina Center Park Improvement Committee. Area Aaencv on Aaina - Senior citizens Advisorv Council Doane moved, second by Brown, to appoint Mr. Ace Yeam, Fir Avenue, as the alternate representative to the Advisory Council. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PROCLAMATION Councilman Brown read in full the proclamation designating March 9th, 1993 as "Senior Legislature Day." He noted that the California Senior Legislature, representatives of the senior population, meet annually during the month of October to draft legislation for the betterment and on behalf of senior citizens living in California, and announced an election for representatives to the Senior Legislature the following day. CONSENT CALENDAR - ITEMS liD" thru "I" Doane moved, second by Brown, to approve the recommended action for items on the Consent Calendar as presented. D. Approved reqular demands numbered 1234 through 1246 in the amount of $91,369.88, regular demands numbered 1433 through 1553 in the amount of $745,805.04, payroll demands numbered 666 through 675 in the amount of $53,234.36, and payroll demands numbered 697 through 867 in the amount of $274,996.45 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Approved the minutes of the February 22, 1993 regular adjourned and regular meetings. F. Adopted Resolution Number 4207 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE APPEAL 3-8-93 OF CONDITION #5 OF CONDITIONAL USE PERMIT 92-9, ALLOWING THE DELIVERY OF MOTOR VEHICLE FUELS AND FACILITY MAINTENANCE BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. IN CONJUNCTION WITH AN EXISTING SERVICE STATION LOCATED AT 1300 PACIFIC COAST HIGHWAY, SEAL BEACH (G & MOIL COMPANY)." By unanimous consent, full reading of Resolution Number 4207 was waived. I G. Adopted Resolution Number 4208 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR CUP NO. 92-12 AND VARIANCE NO. 92-2 TO PERMIT A CAR WASH/QUICK LUBE ON A LOT NEAR THE INTERSECTION OF PACIFIC COAST HIGHWAY AND ANDERSON STREET (ORANGE COUNTY AP #178-502-46)." By unanimous consent, full reading of Resolution Number 4208 was waived. H. Concurred with the determination of the Planning commission and instructed staff to schedule a pUblic hearing to consider a Zone Text Amendment to delete Section 28-2407 (A) (4) (c) of the Municipal Code relating to the addition of bedrooms in conjunction with major remodels or expansions of nonconforming residential structures. 1. Concurred with the determination of the Planning Commission and instructed staff to schedule a pUblic hearing to consider a Zone Change request for the Grotemat property, 16 Marina Drive (Assessor's Parcel #043-172-07) from Commercial/Park (C-P) to Service Commercial (C-1). 1 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-20 - JOHNS FOOD KING - 148 MAIN STREET Mayor Forsythe declared the public hearing open to consider an appeal of Planning Commission approval of the hours of operation for Conditional Use Permit 92-20, Johns Food King, 148 Main Street. 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 matter. The Director of Development Services presented the staff report, and noted that the Planning commission approved CUP 92-20 with the condition to allow hours of operation from 6:00 a.m. until 2:00 a.m. even though those are not the hours the business currently operates, that condition now under appeal, filed by Councilmember Hastings. The Director stated also that the property has been zoned commercial since the early 1920's, has operated as a market since the 1940's, that the closing hour of the establishment is generally 8:00 or 9:00 p.m. however the 2:00 a.m. hour had been requested to allow flexibility to remain open longer if felt necessary. He noted that the Commission was initially concerned with the 2:00 a.m. hour, recommended 10:00 p.m. to which the applicant agreed, yet upon consideration of the approving Resolution the Commission granted the 2:00 a.m. closing hour. In response to Councilman Brown, Councilmember Hastings advised that policy quidelines for businesses that sell alcoholic beverages had not been adopted at the time of filing this appeal. ,I -.. I I I 3-8-93 Mayor Forsythe invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Dr. David Rosenman, 8th street, stated his acceptance of a 10:00 p.m. closing, as did the applicant, and questioned why the Commission had granted 2:00 a.m. inasmuch as no other similar Main street establishment is open until that hour. He noted also that the District One position on the Planning Commission was vacant at the time this matter was considered, and stated his understanding that once granted such condition would be difficult to reverse, therefore should this property be sold the 2:00 a.m. condition would likewise apply to another use. Sol John, Seal Beach, questioned why one would want to sell beer or wine at 6:00 a.m. In response to council, the Director explained that based upon the adopted City policy there is no requirement for review of a conditional use permit in the event of transfer of ownership of the license, yet if the business is operated in a manner that would cause it to be a nuisance in the community the conditional use permit can be reviewed at any time, also the Alcoholic Beverage Control has no restriction other than prohibiting the sale of alcohol between 2:00 a.m. and 6:00 a.m. Mr. Brent Matthews, 218 - 8th street, spoke in favor of the effort to establish guidelines and standards for alcohol sales in Old Town. He questioned the reasoning of the Commission in granting less reasonable hours than had been requested by the applicant, and offered his opinion that conditions similar to those applied to other businesses be applied in this case, specifically the closing hour. Mr. Matthews said in researching the transfer of the Green Pepper alcohol license he found that if the license is not conditioned, such as the hours of operation, it must be transferred without new conditions imposed. He expressed concern should the property be sold without the conditional use permit being conditioned. Dr. Rosenman said he believed it had been Assistant city Attorney Colantuono who indicated the difficulty involved in revoking a CUP once granted. The Director clarified that although there is a condition stating that the CUP is not transferrable that condition will not be enforced. The City Attorney explained that is the result of a recent court decision and that his firm is advising their cities to not impose or enforce the transfer condition, however in the event of a change of use or a different type of use application a new CUP would be required. Sol John, Seal Beach, spoke favorably of this particular business establishment. Mr. Don Davis, 109 Electric Avenue, owner of Johns Food King, expressed his opposition to the appeal of the Planning Commission decision. He stated his belief that the issues are the permitted use and the hours of the permitted use, however the hours of operation are basically dictated by the consumer. He noted that the current hours of operation during winter months are from 9:00 a.m. until 8:00 p.m. and until 9:00 p.m. commencing with daylight savings time, seven days a week. Mr. Davis said his understanding of a CUP is that it provides a means for the city to respond to complaints from residents regarding alcohol related problems, reported that his percentage of alcohol sales ranges from ten to fifteen percent, the beverages consumed off-site, store clerks are trained in the sale of alcoholic beverages, there is an alarm system, and the business is run in a manner that is respectful of the community. Mr. Davis noted that the allowable hours of operation had been 6:00 a.m. until 2:00 a.m. before the CUP requirement, and the intent is to merely preserve what has existed for many years. He confirmed that the market might stay open until 10:00 p.m. for a special occasion, also mentioned that the CUP will be subject to review in November along with the Papillon CUP as a result of concern regarding the shared parking. Dr. Anton Dahlman, Crestview Avenue, member of the Planning Commission, said his decision to approve the hours of 6:00 a.m. until 2:00 a.m. was basically that other establishments in the community of similar 3-8-93 type businesses have approved operational hours until 2:00 a.m. The Director confirmed that off-sale liquor stores on Main street have been granted authority to remain open until 2:00 a.m., the market is in somewhat of a different category being the only such use on the street, however markets in other areas of the community have been allowed to operate until 2:00 a.m. Dr. Dahlman said the basic reasons for his affirmative vote for the I 2:00 a.m. hour was his preference that all businesses be treated equally and new businesses coming into town afforded the same opportunity, and there are not many people that come into the downtown area until 2:00 a.m. There being no further comments, Mayor Forsythe declared the public hearing closed. Councilmember Hastings pointed out that there are other off-site establishments on Main street and in the area where alcoholic beverages may be obtained after 10:00 p.m., the location of the market is in the center of town with residential units in close proximity, one within about twenty-six feet, and alcohol should not be allowed to be sold until 2:00 a.m. She offered however that if there were a desire to operate the market a somewhat later in the evening that could possibly be considered. Councilman Doane expressed concern with the time spent in recent months reconsidering decisions of the Planning Commission, said he could see nothing that was not considered by the commission and no reason to reverse their decision. Councilman Brown concurred. Mayor Forsythe noted that this establishment is a market with the sale of off-site alcoholic beverages, it does not bring forth concerns similar to a bar, and persons who have moved into a residence next to this business should have known that there was no restriction on the hours of operation. She noted also the intent that the business continue to operate as it does now, that eighty-five percent of sales are food products, and I that there has been no desire indicated to remain open until 2:00 a.m. Councilman Laszlo criticized the action of the Planning Commission inasmuch as the applicant had accepted the 10:00 p.m. closing hour. Brown moved, second by Doane, to sustain the decision of the Planning Commission, granting the approved hours of operation, and denying the appeal. AYES: NOES: Brown, Doane, Forsythe Hastings, Laszlo Motion carried It was the consensus of the Council to declare a recess at 7:55 p.m. The Council reconvened at 8:07 p.m. with Mayor Forsythe calling the meeting to order. PROJECTED STATE BUDGET IMPACTS The city Manager presented preliminary projections related to State budget impacts, also the aerospace sales tax repayment, that the result of a California Supreme Court decision. The Manager reported the comparison of revenues and expenditures reflect real dollars, not modified for inflation, also by percentage for the past five years. The general revenue growth for fiscal years commencing 1988 until 1991/92 fairly steady, comparable to the Consumer Price Index and consistent with the cost of providing services, 1991/92 revenue of $13,491,000 reflective of the Redevelopment Agency payback of an outstanding loan in the amount of $885,000, and factoring out that one-time amount, there was an actual .4% revenue decline, and 1992/93 revenues reflect a 10.6% decline, reflected as such in the budget for that period. He pointed out a 9.5% and 10.9% increase of expenditures for fiscal years commencing 1988 through 1990, a reduction in 1991/92 by 1.4% and a further reduction in fiscal 1992/93 of 11.3% over the prior year, and noted that if inflation were factored it would be necessary to go back at least seven 'I , ...... I I I 3-8-93 years to find a budget appropriation equal to that of 1992/93. with regard to personnel levels he noted there were one hundred twenty-six budgeted positions in 1988/89 as compared to the one hundred three positions in 1992/93, a reduction of 8.6% in 1991/92 and an additional 12% reduction in 1992/93. In reference to the Governor's 1993/94 budget proposal, with many specifics yet unknown, the estimate at this point is a loss of $850,212 AB8 monies, the diversion of Redevelopment Agency tax increment monies in the amount of $153,866, and the elimination of the administrative overhead from the Agency to the city in the amount of $215,000, the loss of revenue from just those three elements equalling $1,219,078. Additionally the Manager explained that all cities and counties in the state have a legal contract with the state Board of Equalization to collect and distribute back sales tax, and several years ago the Board commenced assessing sales tax on the aerospace industry. He noted that the issue has become confused in that the federal government does not bid contracts on a fixed amount rather on a cost plus basis and when the product is sold to the federal government the transaction does not include sales tax, yet on a cost plus basis the cost of the subcontractors, suppliers, etc., are added into the cost of the product, inclUding sales tax. He reported that a Supreme Court action has determined that all jurisdictions that received sales tax must now rebate that tax back. He said it has been determined impossible to audit sufficiently to make a firm determination as to who specifically benefitted from the sales tax, therefore a formula was created on a ratio of aerospace to the total sales tax dollar. He noted that aerospace had negotiated a ten year, no interest, payback program however that was conditioned by the federal government that ,it would be taxable upon receipt rather than on the court ordered settlement amount, yet just recently the Internal Revenue Service determined that the amount would be taxable on the full award whether it be rebated in full or by installments, thus there appears to be little interest by the aerospace industry to follow the ten year plan. The Manager said the process is understood to be that the Board of Equalization will withhold sales tax receipts from the local jurisdictions and rebate back to the aerospace industries, yet the federal government has requested that the taxes be paid to them and in turn they will refund to the aerospace industry. He reported the aerospace pay back for Seal Beach is estimated to be $495,000 and that combined with the revenue loss resulting from state actions would result in a General Fund deficit of $1,714,078. The Manager reviewed two scenarios that could affect the 1993/94 projected deficit, one utilizing an assumed two percent general revenue growth for a $1,387,954 deficit, another an assumed two percent property tax growth only for a $1,635,203 deficit, both assuming expenditures of no more than 1992/93. He noted also that the Governor's budget proposal did not include monies for the state aerospace loss of $1.1 billion. He recalled that last year city revenues were reduced as a result of state actions that took nine percent, $289,000, of property tax, fifteen percent, $128,791, of Redevelopment Agency tax increment, fifty percent, $125,000, of fines and forfeitures for moving violations, $40,000 cigarette tax, allowed the County to bill for jail booking, $25,000, froze the depreciation schedule for motor vehicles, $68,000, those items totalling $675,000, in addition there was a $60,000 jail assessment, $15,000 for storm water permitting, $10,000 for AB939, plus other state and federal mandates. The Manager noted a three percent increase for the fire service contract is anticipated for the upcoming year, approximately $70,000. He advised that at this point current year revenues appear to be coming in on target, that there is a slight increase of property tax and sales tax, however noted that there would be a twenty-seven percent loss of property tax under the Governor's proposal, nearly one-third of General Fund revenues, and considering the property and sales taxes 3-8-93 collectively it would be an approximate thirty-eight percent loss. The Manager acknowledged that several proposals have been made to revise the sources of funding since Proposition 13, one being that the various jurisdictions throughout the state be analyzed to determine who should be responsible for the payment of what public service and what revenues would be appropriate for that service, as an example one proposal was to divert city sales 1- tax revenue to the state, the state then totally responsible for the support of schools, with property tax then returned in full to cities and special districts. The city Manager offered to place a budget update report on future agendas for information of the Council pending resolution of the budget issues. INITIATING PUBLIC HEARING PROCESS - UTILITY USERS TAX The city Manager requested Council authorization to commence the public hearing process to consider an increase of the Utility Users Tax as well as Council direction as to the maximum percentage to be considered, noting that the percentage is required to be set forth in the hearing notice. In view of the projected revenue losses he recommended five percent be considered initially and at such time as the State budget is better known the Council will have the opportunity to consider this and other revenue enhancements or further reduction of services. He noted that each percentage increase will generate approximately $300,000 on an annual average, that if it were the desire to cover the loss of AB8 revenue and the aerospace payback, at minimum a five and one-half or six percent increase would be needed. He reported that legislation is being proposed to also take the motor vehicle in-lieu monies, the City'S fourth highest revenue source. The Manager confirmed that the level of staff should be at minimum one hundred ten, noted that the mileage of police vehicles now exceeds what is acceptable under I State standards, mentioned that other revenue enhancements will be looked at as well, including revision of the business license tax to a gross receipts, square footage or number of employees basis, increase of oil extraction and pipeline franchise fees, utilization of the jail, etc., pointed out as well the inadequacy of the General Fund reserve and the need to be better prepared financially for future liabilities. At the conclusion of further discussion, Councilman Brown moved to establish six percent as a maximum increase of the utility Users Tax for the purpose of public notification. Mayor Forsythe seconded the motion. AYES: NOES: Brown, Doane, Forsythe, Hastings, LaSZlo None Motion carried The City Manager recalled consideration at the last meeting of an application for Measure M funding for signal synchronization of Seal BeaCh/Los Alamitos Boulevards, and clarified that the project in fact involves the hard wiring of all of the existing clocks and controllers to a master clock and controller, that the present timing schedules for each of the intersections and cross streets will remain as they presently exist, which will eliminate the Lampson Avenue signal from becoming out of synchronization with the other signals. COUNCIL CONCERNS 'I Councilmember Hastings mentioned a recent news article reporting that the Port of Long Beach is seeking land for restoration of wetlands, and requested that the City Manager forward the article to the Hellman Trust to allow them the opportunity to make a submittal to the Port for the purchase of their land in Seal Beach. She also mentioned an article relating to the closure of beaches in Long Beach and the general vicinity as a result of pollutants flowing down the San Gabriel River, and suggested that consideration be given to imposing a fee on cities upstream who pollute the waters and beaches. Councilmember Hastings spoke in I I ,-I 3-8-93 support of considering the suggestion to place parking meters on Main street as a revenue source to the city. Mayor Forsythe asked that the beach parking lots be considered as well. Councilman Brown suggested that any monies derived from such program, if implemented, be designated to resolve the parking problem rather than placed in the General Fund. Councilmember Hastings added the 8th street lot as another area to be considered for metering. Councilman Laszlo recalled the Council action to remove the parking meters from Main street, basically as a result of the associated costs, stated also that meters tend to detract from the Old Town atmosphere, and expressed doubt that revenues from meters would generate revenue in the area of $1 million a year as had been mentioned. Councilmember Laszlo declined the invitation from the last Council session to attend some of the Growth Management Area meetings, citing his schedule attending various other meetings. In reference to the financial problems facing Seal Beach he mentioned that other cities are even worse, one city likely to be broke within two years because that Council will not raise any tax. Councilman Laszlo conveyed an invitation from the Armed Forces Reserve Center for helicopter flights to observe the operation of the Base, and offered to make the necessary arrangements for interested members of the Council as well as members of the press. He noted also that the AFRC is not being proposed for closing. Councilman Brown reported Supervisor wieder's office has inquired if Seal Beach would host the upcoming Mayor'S breakfast. He expressed his feeling that the budget should be given priority consideration, and agreed that parking meters should be looked into. Councilman Doane reported that the Huntington Beach and Bolsa Chica beaches will be closing at 10:00 p.m. as of April 1st, and suggested that Seal Beach likewise give consideration to a similar closing hour. Mayor Forsythe announced that Linda Stobbe and Bob Eagle had been selected as the Man and Woman of the Year last Saturday evening, saturday also the opening day for Seal Beach Kids Baseball, March lOth the Seal Beach Animal Care Facility telethon, and that she and the City Manager would appear on the March 18th Rick Papp show. Mayor Forsythe endorsed the suggestion for a 10:00 p.m. curfew. To Councilmember Hastings suggestion that the pier also be subject to such curfew, the city Manager said he believed that the pier is subject to the conditions of a Coastal Conservancy agreement that requires the pier to be open twenty-four hours, therefore would need to be given separate consideration. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Sol John, Seal Beach, spoke for establishing a curfew and suggested that if parking meters are considered that they be placed on all streets and in the beach lots. There being no other 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, March 22nd at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 9:12 p.m. Clerk and ex-of of Seal Beach clerk of the Approved: ~H/~' Mayo 3-8-93/3-22-93 Attest: t> Seal Beach, California March 22, 1993 I- 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 Councilmembers Brown, Doane, Laszlo Councilmember Hastings Absent: Councilmember Hastings arrived at approximately 6:15 p.m. Also present: Mr. Bankston, City Manager Mrs. Yeo, City Clerk CLOSED SESSION The City Manager announced that the Council would meet in Closed Session for the purpose of labor negotiation matters. It was the consensus of the Council to adjourn to Closed Session at 6:02 p.m. The Council reconvened at 6:46 p.m. with Mayor Forsythe calling the meeting to order. The City Attorney reported the 1 Council had discussed the matter previously identified and that no action was taken. ADJOURNMENT Laszlo moved, second by Brown, to adjourn the meeting at 6:47 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried Approved: -I Attest: