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HomeMy WebLinkAboutCC Min 2002-05-28 5-21-02 / 5-28-02 Attest: Seal Beach, California I May 28, 2002 The regular adjourned meeting scheduled for 6:30 p.m. was canceled due to the lack of Closed Session items in need of d~sc~sion. it Clerk and the City of Seal Beach, California May 28, 2002 The City Council of the City of Seal Beach met in regular session at 8:30 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. I Mayor Larson noted that the Congress of the United States did not place a comma before 'under God' in the Flag Salute however twelve million people do so therefore he intends to follow the twelve million people. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Piper, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Arends-King, Director of Administrative Services Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Yost requested that Item "N" be removed from the Consent Calendar for separate consideration, Councilmember Campbell requested Item "J" removed, and Councilman Antos requested Items "M, 0, Q, and R" removed. Doane moved, second by Campbell, to approve the order of the agenda as revised. 5-28-02 AYES: NOES: Antos, Campbell, Doane, Larson,'YQst None Motion carried I ANNOUNCEMENTS Councilmember Campbell noted that the City is currently doing improvements on Lampson Avenue, there will be some disruptions from time to time where it may be down to one lane in each direction, that is due to having to remove sections of the roadway to make the repairs given its condition, at some point there may even be two way traffic on just one side of the road, to which she requested all persons to be patient. She pointed out also that the bicycle lane westward from Basswood to Seal Beach Boulevard does not exist therefore it is desirous that the area not be used for cycling, also that there is no longer a free right turn lane from Lampson onto Seal Beach Boulevard so when making a right turn one needs to yield as there are three. lanes trav~ling northward over the bridge. Mayor Larson mentioned that construction is proceeding at the Rossmoor Center for all but forty feet around the little birds, there is considerable heavy equipment in that area, Fish and Game did not close down the entire project because of the birds so demolition should be completed possibly within a month. PRESENTATIONS I SANE AWARDS Chief Sellers introduced Sydney George and Forest Watkins winners of the annual SANE essay contest. The Chief noted that the Police Department has just completed the twelfth year of sponsorship of the SANE drug education program in the schools, the curriculum has expanded to include health education, gang awareness, and juvenile law, the program ever changing as the need changes. The Chief mentioned that throughout the year there are civic groups that contribute to the SANE program, he displayed a tee shirt donated by the Police Association for all essay participants, in two weeks a luncheon hosted by the Peace Officers Association will be held for the graduating fifth graders, with the community coming together in support of what they are trying to do, the combination of partnerships, that is what has made the program a success. The Chief offered that each of the participating fifth grade students drafted an essay, submitted it for consideration, and after considerable deliberation the submittals were narrowed to the two winners. Sydney George presented her essay that reflected personal experiences as a result of someone she was close to who was into drugs, said she wished that kids could know what she does without going though an experience, SANE teaches a lot about drugs and how they destroy people. Forest Watkins read his essay that related to the importance of knowing the facts about illegal drugs, tobacco, and peer pressure for kids to make good decisions, kids are learning this through the SANE program so that they will know how to act in making difficult choices. Chief Sellers presented Sydney George with tickets to Six Flags Magic Mountain and Sea World, and to Forest Watkins tickets to Knotts Berry Farm and Sea World, the tickets donated by the Womens Club of Seal Beach. The Council extended congratulations to Sydney and Forest. I PROCLAMATION Mayor Larson read in full the Proclamation for the month of June, 2002 as "Drowning Prevention and Awareness Month" and so proclaimed. Battalion Chief Forsythe accepted the Proclamation on behalf of Chief Prather and the Orange County 5-28-02 Fire Authority. He noted that the drowning statistics are alarming, thus far in 2002 two children have drowned, twelve have been near drownings, nine of which have been under the age of five, and invited all to visit their local fire stations to obtain information and pre~ention techniques for these needless drownings. The Chief accepted the Proclamation with appreciation. Mayor ILarson mentioned having read a statistic that unfortunately in many child drowning incidents the child has had s~imming training therefore people think they could swim,! it is not necessarily little children that wander with no kndwledge. , I . I PRESENTATION - SEASIDE LIONS I Ms. Rene Shulte, President of the Seaside Lions, stated that their club budgets money annually for the purchase of a tree during Arbor Month, this is done with the assistance of Mr. Bob Eagle, he finds a location where a Itree is needed, his crew helps plant it. Ms. Shulte said this year the tree was a thirty-six inch boxed sycamore tree planted on the greenbelt between the Red Car and the Library. Ms. Schulte presented a check on behalf of the Seaside Lions to Mr. Eagle for the tree and expressed appreciation for his efforts. PRESENTATION / PROCLAMATION Councilman Yost said he would dedicate the presentation to Diane Schmidt who passed away as a result of melanoma a few years ago, and to Diana Chapman who passed on a few months back. Councilman Yost noted that melanoma is increasing faster than any other cancer at a rate of six percent per year, the risk in 1960 was one in six hundred, it is now one in seventy-five, in the united States one person dies of a malignant melanoma every hour of every day. The best solution for melanoma is to detect it early and avoid sun exposure in childhood, it is actually more of a pediatric disease than an adult disease except that the result is seen in adulthood, a bad sunburn in childhood drastically increases the likelihood of getting melanoma. In countries like Australia where the increase of melanoma was even more drastic than in the United States about ten years ago they embarked on an aggressive sun exposure campaign and are finally seeing a decrease, the models in-magazines are three shades lighter in Australia than in this country, they have changed social ideas as to what is and is not attractive, if a child goes to school with a sunburn they are criticized, this is more about perception and education than medicine and treatment, there are treatments and they are advancing to some degree, but it is primarily about prevention. In Australia schools are rated as being sun safe, that means abiding by certain rules such as not allowing the children outside during maximum sun exposure times, they wear hats to school, their lunch areas are shaded, to that he had inquired at McGaugh about a shaded area and was told that the droppings from birds is more dangerous than the risk of sun exposure. Councilman Yost noted that melanoma is recognized by asymmetry, one half looks a bit different than the other, the border irregular or scalloped with possibly some redness or an inflamed area, color is varied throughout the lesion, and larger than six millimeters in diameter, about the size of a pencil eraser. He explained that melanoma does not have to occur in sun exposed areas, it can occur anywhere, Orange County has one of the highest rates of melanoma in the country probably because of its location to sun exposure, the message is to slip on a shirt, slap on a hat, and slop on sun screen. I I 5-28-02 Mayor Larson read the Proclamation of May, 2002 as "Melanoma Month" and moved its approval. Councilmember Campbell seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I PRESENTATION Mayor Larson presented Councilman Yost with a City commemorative plaque for his services as Chairman of the Redevelopment Agency for year 2.001/2002. Councilman Yost accepted with appreciation. I PUBLIC COMMENTS Mr. Gordon Shanks, Surf Place, announced that this, "past Thursday the Seal Beach Historical Society held an Old Timers Night on Anaheim Bay", were people who grew up as teenagers and young people on Anaheim Bay with the joys of living in Seal Beach and playing in the water of the Bay back in the 1920's and 1930's, there were about fifty people in attendance. He suggested that people try to attend any upcoming programs and listen to the history and past experiences. Mr. Shanks mentioned that there will be no Homeowners meetings in Mayor June as he will be out of the country. Ms. Sue Corbin, Seal Beach, made reference to the Local Coastal Plan, Item "Q", stated she contacted the Coastal Commission and they will often pay for the necessary studies to do the plan and asked if the City has made application for funds. Ms. Corbin said it appears that the rules have changed on the greenbelt as one family was allowed to place a plaque next to their tree where others have not been allowed to, the reason is said to be because of landscaping, maintenance etc., yet the people were promised they would have a plaque adjacent to their tree, maybe a local organizations will pay for plaques and then the rules can be changed, promises need to be kept. Ms. Corbin noted the corkboard bulletin board for posting public information, and requested that there be a locked board where people can look at agendas and notices, look at the one in Huntington Beach, the organizations can raise. the money to buy one. Ms. Joyce parque, 6th Street, stated she attended the last budget meeting, from what she can tell there is no way to get rid of the utility tax unless contracts, salaries, legal fees are reduced because the utility tax is necessary to make necessary payments. Anticipated revenue from the utility tax is predicted to be $3.9 million for years 2002 and 2003, property taxes of $3.2 million, the Police Department is forty-seven percent of the budget, and now there needs to be funds for fire personnel retirement starting next year of about a half million per year, there is a deficit in the water account of $290,000, the options for reduction are items such as the berm, moving the sand, do not repair the pier, do not cut the grass, reduce one Captain at $180,000 only in year 2002, this places the Council in a hard place to do what was said would be done, reduce the utility tax. She made reference to the budget reduction proposals, one being to cut the cost of the lobbyist by renegotiating the contract to a lower amount or contract with another lobbyist firm at a lesser rate, that needs to be done with the attorney's office as well, maybe renegotiate the salaries of some of the City employees, the Police Department, the Council is going to come back and say that the City can not reduce the utility users tax, that because the City can not take away cleaning the beach or having lifeguards, what is needed is a $1,000 or more reduction per day or cut back on the Police Department, I 5-28-02 there are a couple of potential savings but they will not be realized for another year. There being no further comments, Mayor Larson declared Public Comments to be closed. APPOINTMENT - ORANGE COUNTY TRANSPORTATION AUTHORITY GROWTH MANAGEMENT AREA Councilman Antos noted that he could not be appointed to this agency because he works with the OCTA and in his job he applies for grants through OCTA, all of the Growth Management Areas, besides City representatives, have County representatives, therefore the GMA's that represent Seal Beach he could not be a member or elected official, should he deal with any of the GMA's it will be those in South County. In response to the Mayor, the City Manager noted that this involves one meeting per year, the engineers meet and determine the distribution of Measure M monies. Given the schedule of one meeting a year, Mayor Larson stated he would assume that representation. I RESOLUTION NUMBER 5012 - MAYORAL APPOINTMENTS Campbell moved, second by Yost, to adopt Resolution Number 5012 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4903" as amended to reflect Councilmember Campbell as the representative to the Orange County Sanitation District Board, Councilman Yost as the alternate representative, Councilman Doane as the representative to the West Orange County Water Board, Councilman Yost as the alternate representative, Councilman Antos as the representative to the Southern California Association of Governments, Councilmember Campbell as the alternate representative, Mayor Larson as the representative to the Orange County Division of the League of California Cities, Councilmember Campbell as the alternate representative, Councilman Yost as the representative to the Santa Ana River Flood Protection Agency, Councilman Antos as the alternate representative, Mayor Larson as the representative to the Orange County Fire Authority, and Councilmember Campbell as the alternate representative. By unanimous consent, full reading of Resolution Number 5012 was waived. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried By unanimous consent of the Council, Councilman Antos was designated to sit on the Local Ad Hoc Parking Committee. CONSENT CALENDAR - ITEMS "G" thru "s" Yost moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented except for Items "J, M, N, 0, Q, and R", removed for separate consideration. G. Approved the waiver of 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 the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I ~. .,... ' 5-28-02 H. Approved regular demands numbered 37516 through 37650 in the amount of $504,856.61, payroll demands numbered 15951 through 16099 in the amount of $176,121.10, and authorized warrants to be drawn on the Treasury for same. I 1. Received and filed the Monthly Investment Report for March, 2002. K. Approved the plans and specifications for citywide Catch Basin Filters, Phase II, Project Number 50058, and authorized staff to initiate the bidding process. L. Approved the plans and specifications for the Alley Utility Replacement Program (water and sewer), 13th/14th and 14th/Dolphin Alleys from Ocean Avenue to Electric Avenue, and 15th/16th Street Alley from Electric Avenue to Pacific Coast Highway, project Number 49813C and 50062C, and authorized staff to commence the bidding process. P. Adopted Resolution Number 5016 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; and I Adopted Resolution Number 5017 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 Number 5018 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 A PUBLIC HEARING THEREON." By unanimous consent, full reading of Resolutions numbered 5016, 5017 and 5018 was waived. S. Adopted the First Addendum to the Lease and Operating Agreement between the City of Seal Beach and Michael E. Balchin (River'S End Cafe, 15 First Street, Seal Beach, 90740), City owned property, for an additional five year period, May 1, 2002 to April 30, 2007. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "J" - RESOLUTION NUMBER 5013 - BANK SIGNATURES Councilmember Campbell questioned the terms 'appointed' and 'selected' versus 'elected' in reference to the Mayor. The City Clerk stated that the proper term is selected, and the 5-28-02 Assistant City Attorney explained that an elected Mayor is one elected directly by the people, in most cities the Mayor is in fact selected by the Council through means of a Council election, the Resolution is generally accepted terminology. Campbell moved, second by Doane, to adopt Resolution Number 5013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER 4902." By unanimous consent, full reading of Resolution Number 5013 was waived. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "M" - RESOLUTION NUMBER 5014 - TREE PLANTING GRANT Councilman Antos noted the proposal to plant one hundred fifty trees on Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue, an area of two blocks, ninety- two trees on Marina Drive between First and Fifth Streets, and inquired if the Boulevard could accommodate that number of trees. The Deputy City Engineer responded that the landscape plan for Seal Beach Boulevard was done at the end of last year, most of the trees will go in the existing reconstructed median, they are smaller trees, smaller palm trees, the remainder will be placed on the east and west sides of the Boulevard, the landscaping north of Pacific Coast Highway was done with the previous grant, this grant will finish the landscaping south of the Highway, the due date for the grant application is May 31st. The Director of Public Works acknowledged that the number of trees reflected in the staff report may be in error, and offered to verify the numbers and bring this matter back to Council for approval of the plan prior to the planting of trees. I With that understood, Yost moved, second by Antos, to adopt Resolution Number 5014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FOR THE URBAN FORESTRY GRANT PROGRAM AS PROVIDED THROUGH PROPOSITION 12 FUNDING." By unanimous consent, full reading of Resolution Number 5014 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "N" - PLANNING COMMISSION - DECLARING VACANCY Councilman Yost expressed appreciation to Dr. Leonard Cutuli for his efforts as a member of the Planning Commission, a good Commissioner, and mentioned that he would be appointing Mr. Shanks at the next meting. Yost moved, second by Campbell, to accept the resignation of Dr. Cutuli as the District Three representative to the Planning Commission, and declared the position to be vacant for the unexpired term ending July, 2005. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "0" - RESOLUTION NUMBER 5015 - ADOPTING SEAL BEACH BIKEWAYS SPECIFIC PLAN Councilman Antos noted a typographical error in Section 1 of the Resolution which should read '1997', to that staff noted it had been corrected. Antos moved, second by Doane, to adopt Resolution Number 5015 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE CITY OF 5-28-02 SEAL BEACH BIKEWAYS STRATEGIC PLAN." By unanimous consent, full reading of Resolution Number 5015 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I ITEM "0" - GENERAL PLAN UPDATE / LOCAL COASTAL PLAN - REOUEST FOR PROPOSALS Councilman Antos stated he had no objection to what is being proposed yet suggested that the Local Coastal plan be moved ahead if possible, maybe have staff start with a rework of the old Coastal Plan, that because the sooner the Plan is presented to and adopted by the California Coastal Commission the sooner the City will gain control over the permitting process, his belief is that the Coastal Plan will not take as much time as the General Plan update for which there will need to be a General Plan Review Committee, a Local Coastal Plan Committee currently exists, membership needs to be looked at so that that Committee can commence its work. The Director of Development Services mentioned that the city has obtained a $30,000 grant from the California Coastal Commission to help fund the preparation of the Local Coastal Plan, agreements for that have been executed. Antos moved, second by Larson, to authorize staff to distribute the Request for proposals for the Review and Update of the City's General Plan and Local Coastal Plan, and initiate a consultant interview process to select firms to serve the City in that regard. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEM "R" - COUNCIL MINUTES Councilman Antos noted that he would abstain from approval the minutes as he was not on Council at that time. Doane moved, second by Campbell, to approve the minutes of the January 14, 2002 and January 28, 2002 regular adjourned and regular meetings. of AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Antos Motion carried I APPEAL - CODE INTERPRETATION - MASSAGE TECHNICIAN PERMIT - REFLEXOLOGY PRACTITIONER - ARENDT The Director of Administrative Services presented the staff report, explained that the appellant has requested that the Council overturn the Code interpretation of staff that the applicant must obtain a massage technician permit in order to continue her reflexology practice, noting that the appellant practices her field as an independent contractor at Wellsprings. The Director mentioned that Ms. Arendt came to the City in 1996, was issued a business license at which time staff initially classified her as a massage therapist, yet despite that classification it appeared that Ms. Arendt never obtained a massage technician permit. She noted that over the past year staff has been attempting to do an audit of all business licenses to make certain that the Code is being followed, that is how this oversight was found, at that time Ms. Arendt was contacted, she did not agree with the staff interpretation, thereafter the City Attorney was contacted for further interpretation, the City Attorney concluded that reflexology constitutes massage as the term is defined in the massage ordinance, Ms. Arendt was again informed that it was necessary to obtain a massage technician permit in order to 5-28-02 continue practicing reflexology in the City, Ms. Arendt then filed a letter of appeal. The Director mentioned that the appellant had filed a letter describing reflexology as pressure point work on spots of the feet or hands that are believed to correlate with particular organs to restore the body's flow of energy, also, that she works exclusively on precise points or reflexes of the feet or hands that radiate to all parts of the body yet she does not touch any other part of the body, the appeal letter emphasizes that the reflexology client removes footwear only and does not completely disrobe, that this is a compression technique that is not equivalent to a stroking or rubbing procedure, does not include friction, kneading, tapping or pounding, and does not involve mechanical or electrical apparatus or appliances. The Director read Section 12-1(a) of the Code which defines massage, reported having contacted the cities of Huntington Beach, Los Alamitos and Costa Mesa and found that their ordinance reads basically the same as that of Seal Beach, Huntington Beach as an example has not experienced such an application however said should there be it would likely fall under their Code in the same manner. The Director said the issue of this matter is whether reflexology, as described by the appellant, constitutes massage as defined in the Code, and to resolve this issue the Council will need to determine whether reflexology constitutes a method of treating the external parts of the body for remedial, health, or hygienic purposes, treatment by means of pressure, friction, stroking, kneading, rubbing, tapping or pounding, treatment by means of stimulating the external parts of the body with a mechanical or electrical apparatus or appliance, treatment by means of stimulating the external parts of the body with rubbing alcohol, lineaments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations, treatment by means of a bath, a vapor, shower, electric or magnetic treatment, or another type of system for treating or manipulating the human body. She noted that if the determination is that reflexology does constitute massage within the meaning of the Code then the appellant will need to obtain a massage teChnician permit in order to continue her business practice, that will also entail a background check by the Chief of Police and the need to furnish a diploma or certificate of graduation from a recognized school of massage or demonstrate that she has at least fifteen years of massage technician work experience where she would then only need to have completed a course of study involving two hundred hours of instruction. The Director reviewed the options available for Council consideration. I I Ms. Marie Arendt, appellant, confirmed that in her letter she had detailed the difference between massage and reflexology, stated her clients do not disrobe, they merely remove their footwear, there is no rubbing, friction, stroking, she uses her fingertips to work on specific points of the client's feet or hands, she submitted a brochure from Wellsprings which is where she practices, she is a certified reflexologist, does not do massage, and had also submitted a brochure on reflexology. Ms. Arendt said she was prepared to submit her reflexology certification to the Council as was requested by Mr. Antos as well as a current Wellsprings brochure. She again stated that reflexology deals with specific points of the hands or feet that correspond with the organs and other parts of the body, and requested that the Council reclassify her as a reflexologist, not a massage therapist. I \"' . 5-28-02 I Councilman Yost asked what types of courses are taken to be a reflexologist and what type of degree is the result. Ms. Arendt responded that she attended a school in Encino where she had one hundred fifty-six hours of courses to become a certified reflexologist, adding that she is a certified massage therapist as well however does not practice it. Mr. Antos said upon reading the staff report he then made some telephone calls, one was to his sister who is a nurse practitioner and has taken a number of courses similar to this, to his question as to what ought to be required for this type of license the response was that some of the northern California cities have changed their licenses to reflect more specifically what people do, acupressure is an example, they must show that they have a certificate of completion of the course work, acupressure is all that the license covers, reflexology another specific, he is aware that the City ordinance was adopted some years back, there is reference that an applicant needs to provide a diploma or certificate from a recognized school of massage, it might be well to look at the City ordinance for modifications to be specific to the practice rather than require that they first obtain a massage technician license. He added that he has no problem with the background check requirement, there were reasons for that when the ordinance was adopted, in this case he would be in favor of granting the appeal and have the license be specific as to what is being requested. Councilman Doane stated that would be consistent with option three to direct staff to draft Code amendments to regulate reflexology, that would assure that the practice be licensed. Mr. Antos agreed, and said if that is the direction perhaps at that time staff should also look at other specific practices such as physical therapy. Councilman Doane noted that new terminology and occupations come up all the time where the City needs to be flexible to recognize them. Councilman Yost mentioned the importance of having regulations for practices where people are touching other people with the intent of helping or healing, there should be some type of license, he would make sure however that there is a distinction between breaking the skin versus not breaking the skin, as an example acupuncture and tattooing should be in another class because of the necessity for sterilization, etc., he would agree with having staff develop an ordinance that would deal with this type of situation in some way so that she is credentialed to do what she is doing and do that within the community. Ms. Arendt mentioned that she has been licensed through the City since 1996. Councilmember Campbell said she believed that the initial intent was that there would be some type of umbrella where these types of practices could be classified, like the different components of massage where they are defined, this person has the credentials for a massage therapist. Ms. Arendt said she simply chooses to not practice massage. Councilmember Campbell said then the issue is whether or not a classification will be developed. Councilman Doane said with the adoption of option three his feeling is that that will provide a new classification. The Assistant City Attorney said their belief is that reflexology touches at least three of the tests under current Code which defines massage, the Code does not speak of being disrobed or other such things, it does clearly deal with treating the external parts of the body, involves pressure and arguably involves any other type of system. He concurred that the Code may very well need to be updated at this point, he was not certain that the City would want to move far from something that is this broad of an umbrella for the reason that this I I 1M ~ 5-28-02 entire area of regulation has been adopted simply because of problems with prostitution and as noted earlier new professions arise routinely and if one tries to name each profession that is regulated he would assure that within six months some other undefined illegal business that involves treating some portion of the body will come into the City. He again expressed his belief that reflexology comes within the definition of the Code but he also believes that it may be a good idea to sit back to look and see how occupations such as this ought to be regulated, for example he noted that while reflexology does not involve disrobing, the place where Ms. Arendt works does involve massage and other things that do involve disrobing, therefore the City may wish to make sure that those things do not get combined in a single session or issues such as that, plus the background check being an important issue as well. Councilman Yost said in looking at the Wellsprings brochure reflexology has the same cost structure as massage, where if one takes the dollar value definition it may not be all that different in some ways. The Assistant Attorney expressed his belief that this type of issue has been a continuing race between the cities and those who wish to evade the statute, clarifying that he is not suggesting that that is so in this case, however the latest umbrella problem involves people who are extremely licensed, which are chiropractors who front prostitution operations as chiropractic clinics, doing so under the guise that those who work for them are part of the chiropractic therapy, of course the chiropractor is not on the premises and it is staffed entirely by young ladies and the service is advertised in the more unusual parts of the newspaper, one chiropractor was advertised as servicing twenty-five different offices concurrently which is remarkable, it is things of that nature that the City wants to make sure can not happen under its ordinance. Mayor Larson offered that he did not believe things will come to an end over reflexology, the workplace is already a massage parlor, if they are going to do anything they will do it already, to allow the appellant to do just one specific thing he would not think it would be difficult to prepare an ordinance that would satisfy this practice, he would not want to suggest that there may be prostitution. Councilmember Campbell again clarified that Ms. Arendt has a certificate for massage therapy, to that Ms. Arendt stated she has never practiced massage, it just does not appeal to her, and to that Councilmember Campbell noted that if that were her desire she could practice massage without coming back to the City. I I Councilman Doane moved option three, to direct staff to draft a code amendment to regulate reflexology as deemed appropriate by the Council. Councilman Antos asked if that would also grant the appeal, if so this would be back to square one. Councilmember Campbell asked if an amendment could be drafted in a way that massage therapy could include reflexology, explaining that she was trying to avoid the City getting involved in a variety of ordinances to address other practices that may come forth. The City Manager suggested that the Council may want to defer enforcement until there are revised Code provisions. Councilman Yost said he just wants assurance that it includes regulations similar to massage therapy, that there is the same type of license, this person is essentially touching someone with the intent of improving a situation, to him massage and reflexology are relatively the same definition, thus they have the same criteria for the I 5-28-02 I privilege of practicing. The Administrative Services Director explained that at present the applicant pays a $500 fee for the background check and about $56 for fingerprinting, all non-refundable, that generally takes about ninety days, therefore requested clarification that if reflexology remains under guise of the definition of massage technician would the reflexologist then need to get the required background check. Ms. Arendt responded that she is State certified. Councilman Yost said he would not want to take a form of touching another person with the intent of healing out of the structure that it is currently in and create a separate provision, that could likely create future problems, he is merely trying to find a safe and simple way to avoid problems. Mayor Larson asked if the intent is to amend the ordinance, and seconded Councilman Doane's motion for discussion purposes. Councilmember Campbell made reference to the methodology of the Planning Commission where there was always concern with issues that ran with the land, an example is that granting a variance is not to the person but is attached to the land, in this case the issue is not the appellant but someone else seeking something similar in the future, that is why things need to be looked at carefully. I Councilman Yost moved a substitute motion to defer enforcement for the time being with direction that the City Attorney come back an ordinance that will include reflexology. Mayor Larson asked if there would be any difference in the fees. The Administrative Services Director noted the $500 background check fee, stating there is a difference between the cost of a business license and a permit, to revise the Code will require consideration as to whether a reflexologist would require a background check, or because they only touch the hands and feet possibly not need a background check. Councilman Yost said for anyone that touches another body, no matter the body location, needs to go through the process. Mayor Larson offered that he did not want to get into a position where it would be reported that the Council ignored the City Attorney who has said that at the present state of the law this is a massage function, what he believes he is hearing from the Council is that the desire is to change the ordinance so that it is not massage rather a reflexologist. Councilmember Campbell clarified her position to merely have the ordinance include this practice rather than have a separate ordinance because the City does not want to get into a situation where there are many different positions to be addressed. Councilman Doane said his understanding would be an additional classification or terminology to be covered within the existing ordinance. Mayor Larson offered that it appears the intent is to not give carte blanche to touching but if there is touching it is massage so why change the existing ordinance, to that Councilman Yost stated it appears that the desire is to have reflexology included as part of that ordinance, then Mayor Larson presumed that the ordinance would say that massage includes reflexology, Councilman Yost suggested the words 'touching another person'. Councilman Antes said his understanding of the existing ordinance is that if one wants to do something that includes touching another person one needs a diploma or certificate of graduation from a recognized school of massage, if a person does not want to do massage but under the ordinance their practice is defined as I 5-28-02 somewhat fitting into the massage category, an example is someone coming to the City with a certificate in acupressure, which does not break the skin, or reflexology, they then need to attend a school of massage although, in this case, the appellant has already done so, the person has a massage certificate but wants to do acupressure, they do not want to go to a massage school, therefore in his view the ordinance should be written to deal with getting a diploma or certificate of graduation from a recognized school for the practice for which the license is being applied, at present without having the certificate from a school of massage first she can not submit the reflexology certificate and obtain a license. Councilman Yost expressed his feeling that the ordinance should have reference to some type of healing art that involves touching another person, there should be some type of hourly requirement, some degree of accreditation with regards to the school that is providing the certificate that the person has completed the course. The Assistant Attorney stated he understands the desires of the Council, it is what he contemplated the Council would want to do. Mayor Larson clarified that this relates only to the ordinance change, does not include ignoring the present law. I Councilman Doane stated that his motion was to adopt option 3, to prepare a Code amendment, yet he concurred with Councilmen Antos and Yost that their considerations should be part of the amendment. Councilman Antos suggested a substitute motion to stay any enforcement of this matter at this point based upon the suggestion of the City Manager, that the City Attorney to draft Code amendments to regulate reflexology and/or other healing discipline that involves touching another person with the intent to heal. Councilmember Campbell asked if the intent is to regulate the practice or include reflexology under the umbrella of massage. Councilman Doane withdrew his motion to support the substitute motion. Councilman Yost said his understanding is that this would broaden the massage ordinance to include other touching arts and to specify the requirements of such with regards to the certificate, how it is obtained, the hours required to obtain such certificate, to that Councilman Antos added that the certificate be specifically for the healing art for which the license is sought. The Assistant Attorney requested that the motion be amended to include the denial of the appeal, suspension of enforcement, and instructions relating to the new ordinance. Councilman Yost seconded the motion. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Mayor Larson offered to the appellant that there is nothing negative being implied as to her practice, as was pointed out the appellant does not want to be a massage technician rather a reflexologist. I CITY ATTORNEY REPORT The Assistant City Attorney expressed appreciation to the Council for welcoming him to the meeting, an interesting experience, he would be happy to return at another time, and that there was no further report. CITY MANAGER REPORT The City Manager announced a fire drill exercise involving the pier on June 6th between 9:00 and 11:00 a.m., there will 5-28-02 be fire and police personnel on the pier, during which the pier will remain open. I It was clarified to Councilmember Campbell that there is a scheduled budget workshop the following evening at 6:00 p.m. As to the following week, Councilmember Campbell noted there are no meetings scheduled, there are workshops scheduled for June 12, 13, 19 and 20, to that she mentioned that she and Councilman Yost have conflicts with those dates and asked if they could be rescheduled for possibly June 4, 5, and 6. The City Manager advised that the 5th is Planning Commission. Councilman Yost indicated he would not be available the week of June 14th through 21st, the 6th, 7th and 11th were suggested. There appeared to be a consensus for May 29th and 30th, June 6th and 11th, with the addition of June 5th at 4:00 p.m. prior to the Planning Commission meeting. I COUNCIL COMMENTS Councilman Antos mentioned that he had passed out a booklet entitled "Redevelopment - the Unknown Government" which may be of interest to the Council and staff. He noted also that there is a continuing interest in newsracks along Main Street and other areas, the office of the City Attorney has drafted a model ordinance for the City of Buena Park which the Attorney has indicated the newspapers have now agreed to, it requires the City Engineer to issue a Public Works permit that determines that the location is appropriate, it requires a business license, insurance, maintenance, also the type of news racks, stacked and four wide, to that he requested that the Council authorize the City Manager, staff, and City Attorney to see if it could be modified to fit Seal Beach in that the City is in the process of repairing sidewalks, planting trees, etc. in the Main Street area, whatever now exists will need to be removed for those improvements, there is also a Specific Plan that calls for standardization of street furniture, so it seems this would be a good opportunity to look at newsrack regulations as well. Councilman Doane said he believed that the Chamber will also be in favor of that. There was an indicated consensus to go forward with news rack regulation review. Councilman Antos noted also that the City Manager and staff have met from time to time with the Corps of Engineers on a variety of issues that included an additional entrance at some future time to Anaheim Bay, one of the things he would request is that the sand issue paper that he distributed to Council that the city Manager be authorized to pass that along to the Corps for their review, some time back it was given to representative Harman for review, if anything is going to be done it will likely need to go through the State, Congressman Rohrabacher has had a copy however another can be forwarded. There was an indicated consensus to authorize the City Manager to distribute the issue paper. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Wednesday, May 29th at 6:00 p.m. for a budget workshop. By unanimous consent, the meeting was adjourned at 10:27 p.m. clerk 5-28-02 / 5-29-02 Attest: ~~M ~ City Clerk Approved: I Seal Beach, California May 29, 2002 The City Council of the City of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane Absent: Councilmember Yost Councilman Yost arrived at approximately 6:04 p.m. Also present: Mr. Bahorski, City Manager Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Chief Sellers, Police Department Captain Schaefer, Police Department Ms. Arends-King, Director of Administrative Services Chief Cushman, Lifeguard Department Lieutenant Pounds, Lifeguard Department Mr. Vukojevic, Deputy City Engineer Ms. Hull, Assistant Finance Director Ms. Yotsuya, Assistant to the City Manager Ms. Yeo, City Clerk I APPROVAL OF AGENDA Antos moved, second by Larson, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried ANNOUNCEMENTS In response to a request from Council, the City Manager advised that a revised press release will be issued to the newspapers advising of the changed budget workshop meeting dates and times. I PUBLIC COMMENTS There were no comments from the public. BUDGET WORKSHOP - FISCAL YEARS 2002/2003 & 2003/2004 The City Manager pointed out that the proposed budget package consists of five documents, the primary budget, budget reduction strategies, management report, the CIP, and budget