REPORT ON REVIEW OF VIDEO/AUDIO TAPES OF THE FEBRUARY 13, 1996 CITY COUNCIL MEETING TO ASCERTAIN ACCURACY OF MINUTES FROM THAT MEETING ON THE BEACH MARKET ITEM

Recommendation:

It is recommended that the City Council receive and file this report, as a review by the City Clerk of the February 13, 1996 meeting tape has confirmed the accuracy of the minutes from that date with regard to Municipal Matters - Agenda Item 8 - Request from Beach Market for Determination of "Public Convenience or Necessity" for ABC Off-Sale General License.

Background:

At the last City Council meeting, during public participation, Solomon Rusk, representing Hal Burger, stated that the minutes of the February 13, 1996 City Council minutes were incorrect with regard to the above-noted item, that several conditions of approval had been omitted from the minutes, including a ban on the sale of alcoholic beverages after 8 p.m. Following Mr. Rusk's comments, the City Council directed a review of the meeting tape and a report back to Council.

The "missing" conditions cited by Mr. Rusk were among 12 conditions listed in a "brief" that had been submitted by Mr. Burger at the February 13, 1996 meeting. In his submittal, Mr. Berger stated that the 12 conditions had been proposed by Beach Market in a letter dated October 17, 1995 requesting reconsideration of the protest filed with the Alcohol Beverage Control (ABC).

Although the 12 conditions were commented on at the City Council meeting during public testimony and discussion, they were not included in Council's motion to grant a notice to the ABC that the issuance of an off-sale general license for Beach Market is a "public convenience." Prior to the vote, the City Manager cited four conditions that he said were typically included in a Conditional Use Permit (CUP) and recommended incorporating the conditions into the motion. Those conditions pertained to: 1) no loitering, littering or graffiti, 2) the posting of parking hours, 3) the approval of a site plan, which he said was not necessary in this case, and 4) the recording of a CUP, which he said did not apply to this case since there was no CUP. The motion was amended to include the staff-recommended conditions and was unanimously approved. The attached minutes accurately reflect the action taken by the City Council at that meeting.