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HomeMy WebLinkAboutCC Min 1997-07-28 7-14-97 / 7-28-97 ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn until Monday, July 28th at 6:30 p.m. to meet in Closed session if deemed necessary. The meeting was adjourned by unanimous consent at 10:42 p.m. Approved: I Attest: fUu~dlJ City Clerk Seal Beach, California July 28, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA Fulton moved, second by Brown, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the three items identified on the agenda, a conference with the City's labor negotiator 7-28-97 I pursuant to Government Code Section 54957.6 with regard to Confidential/Supervisory/Profession and Technical employees, Orange County Employees Association, and pursuant to Government Code Sections 54956.9(a) and 54956.9(c) a conference with legal counsel relating to the Stull versus Bank of America case and a liability claim, Workers' Compensation Case #AHM 0059887. By unanimous consent, the Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:13 p.m. with Mayor Hastings calling the meeting to order. The City Attorney reported that the Council gave direction to the labor negotiator, authorized intervening in the Stull versus Bank of America case, and gave direction to the City Manager with regard to Workers' Compensation Case #AHM 0059887. ADJOURNMENT By unanimous consent, the meeting was adjourned at 7:14 p.m. I Attest: C' Clerk and the City of Approved: c. , .\'\IJI~ Seal Beach, California July 28, 1997 The City Council of the City of Seal Beach met in regular session at 7:20 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Forsythe, Fulton I Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Ms. Beard, Director of Parks and Recreation Ms. Yeo, City Clerk 7-28-97 APPROVAL OF AGENDA Brown moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I PRESENTATIONS INTRODUCTION - CHIEF OF POLICE Mayor Hastings introduced the newly selected Chief of Police, Michael Sellers. Mrs. Sellers presented her husband with the Chief of Police badge. The City Manager mentioned that the recruitment for Chief resulted in sixty-five applications from within and outside the State, Chief Sellers formerly a Captain at the City of Los Alamitos and with the City of Lapalma prior to that. At the invitation of Mayor Hastings, the Chief's son, Mike, and daughter, Amanda, joined Chief Sellers and his wife at the podium. The City Clerk officially administered the Oath of Office to Chief Sellers. The Chief expressed appreciation, noted his anticipation of a long career in Seal Beach, and introduced friends and family members present in the audience. The Council congratulated the Chief and welcomed all. FOUNDERS DAY PROCLAMATION Mayor Hastings proclaimed the month of October, 1997 as "Seal Beach Days" and October 4th as "Seal Beach Founder's Day." The proclamation was accepted by the Parks and Recreation Director with appreciation and invited all to participate in the activities that will take place during the month of October, golf, bowling, and horseshoe tournaments, etc., the proceeds from which will be a Save Our Pool fund raiser, as well as the festivities on October 4th. I VECTOR CONTROL DISTRICT ANNIVERSARY Mayor Hastings proclaimed August 21st, 1997 as the fiftieth anniversary of the "Orange County Vector Control District." ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Bruce Stark, Seal Beach, requested that Item "M" be removed from the Consent Calendar. Brown moved, second by Hastings, to reconsider the approval of the agenda, removing Item "M" from the Consent Calendar for separate consideration. AYES: NOES: carried Brown, Campbell, Forsythe, Fulton, Hastings None Motion I Mr. Stark made reference to the 'nugget of truth' comment from the last meeting, commented on the Kim Lockley workers compensation case to which he urged the Council and Chief to do the right thing. He noted that recent news articles have reported that trash rates are being reduced in most cities as a result of the lowering of County dump fees, yet Seal Beach was not mentioned. He also mentioned the lack of interest in contracting for police services with the County, to which he 7-28-97 I cited local enforcement as expensive. Mr. Charles Antos, Seal Beach, noted his recommendation several years ago that the City reinstate Kim Lockley, the cost of this case is now much greater, if appealed it will be even more so, stating it is time to stop spending tax payer money and deal with this issue. Ms. Barbara Antoci, Seal Beach, also spoke for reinstatement of Mr. Lockley. She objected to the all too frequent movie shoots in Seal Beach, specifically the disturbance of her neighborhood, commencing as early as 7:00 a.m., the City makes very little money from that activity, when the Coastal Commission was contacted they had no objection in that the shoots are usually for only one day, and reported that a neighbor and their tenants have signed an agreement for the use of that property by the movie makers for an entire year. Ms. Antoci asked if the Navy pays the City for police protection, said the answer is no yet the City responds frequently, they also get animal control services for free, asked if they pay for the water usage because even though they pump their own water it is from the Seal Beach aquifer. At the request of the Mayor, the City Engineer responded that they are charged for drinking water, and to their pumping he said it must be understood that the aquifers belong to the entire County, the Navy pays the Orange County Water District for whatever is pumped from underground at an established rate for farming purposes, and noted that that money comes back in some form for maintaining the basin. There being no further comments, Mayor Hastings declared Oral Communications closed. I COUNCIL ITEMS APPOINTMENT - PLANNING COMMISSION Councilman Brown appointed Mr. John Larson as the District Two representative to the Planning Commission effective August 20th for the full term of four years expiring July, 2001. Councilman Fulton seconded the motion. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I RESOLUTION NUMBER 4551 - ARCHAEOLOGICAL ADVISORY COMMITTEE - MEMBERSHIP Resolution Number 4551 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 4186,_ DECREASING THE MEMBERSHIP OF THE ARCHAEOLOGICAL ADVISORY COMMITTEE TO FIVE MEMBERS." By unanimous consent, full reading of Resolution Number 4551 was waived. Mayor Hastings mentioned that in the past this Committee has consisted of ten members, two appointed by each Councilmember, however the feeling has been that it may be more functional with less members. In response to questions of Council, the Director" of Development Services reported that the Committee was polled, all of the current members would like to remain with the exception of Ms. Jean Frietz who has been elected chairperson of her tribal group and that her duties as such will not allow her to continue serving on this Committee. Councilman Brown suggested that Ms. Johnston, a District One appointee, then 7-28-97 become the District Two representative. It was noted that Ms. Frietz and Ms. Johnston are from two different Juaneno tribes. The Mayor inquired if Ms. Frietz could continue in an advisory capacity. The Manager suggested that in lieu of being a participating member of the Committee, Ms. Frietz and other Native American representatives could still be involved in the process by inviting their participation when there is site work, key decisions to be made, etc. The Director noted that a Research Design is being prepared for the archaeological investigations on the Hellman property, that document will be distributed to about seventeen different Native American representatives, Ms. Frietz is included in that list, which provides the opportunity to review and comment on the Research document, visit the site as those occasions arise, etc., in fact any Native American may participate, and advised that the Native Americans are representative of the Gabrielino, Juaneno, and Luiseno tribes. Brown moved, second by Fulton, to adopt Resolution Number 4551 as presented, providing for a five member Committee, and designating Ms. Johnston as the District Two representative, thus each Council district is represented. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried AUTHORIZING COMMUNICATION - DEPARTMENT OF DEFENSE - NOISE CONTOURS Councilmember Campbell noted that a letter was previously sent by the City Attorney with regard to the noise contours in the College Park East area, this is a request for a second letter for the signature of the Mayor. For the purpose of clarification, the City Attorney explained that it is understood that one of the branches of the Department of Defense is conducting a new noise study on the Armed Forces Reserve Center, some months ago the City forwarded a letter offering assistance and copies of more recent noise studies conducted for the City relating to prior Bixby proposals. He said he believed the intent is to obtain the status of that study and where the noise contours will be located. The Attorney offered that a 1987 report had considerable noise contours going over portions of College Park East, the City's two studies showed contours in that area only if the project that was withdrawn had been approved, this was cumulative noise that took into account flight patterns, noise from the project, the freeway, and Seal Beach Boulevard. Staff is interested in knowing where the noise contours are, if they are over College Park East, if they are, why, what is the source that is increasing the noise, if it happens to be flight patterns there may be a question if they should be going across College Park East or elsewhere. He mentioned that the first letter suggested that on-site noise measurements be taken as the City had done in about 1995. In response to Council, the Attorney confirmed that the City would like to be a participant in the study and to provide them with any available information. Councilmember Campbell said there will also be a request that the noise contours be moved off of the westerly portion of College Park East. It I I 7-28-97 was the consensus of the Council to authorize a letter to be sent over the signature of the Mayor as requested. I CONSENT CALENDAR - ITEMS "F" thru "Q" Brown moved, second by Fulton, to approve the recommended action for items on the Consent Calendar as presented, except Item "M", removed for separate consideration. F. 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 unless specific request is made at that time for the reading of such ordinance or resolution. G. Approved the renewal Agreement for Law Enforcement Court Liaison Services between the cities of Cypress, Los Alamitos, and Seal Beach for the term of July 1, 1997 through June 30, 1998. H. Approved Resolution Number 4552 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 1997/98." By unanimous consent, full reading of Resolution Number 4552 was waived. I I. Received and filed the staff report relating to the Receipt of Notice of Intent to Prepare A Joint Environmental Impact Statement/ Environmental Impact Report for the Disposal and Reuse of the Long Beach Naval Station and Naval Shipyard, Long Beach, California, and instructed staff to forward same to the Environmental Quality Control Board and Planning Commission for information purposes. J. Approved an Agreement between the City of Seal Beach and the State of California, Department of Boating and Waterways for grant funds for the East Beach Sand Replenishment Project, and authorized the City Manager to execute same on behalf of the City. I K. Adopted Resolution Number 4553 entitled "A . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #737, 2nd STREET WATERLINE REPLACEMENT & CENTRAL WAY ALLEY RECONSTRUCTION, CONTRACT ENTERED INTO BETWEEN VALVERDE CONSTRUCTION, INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution 7-28-97 L. Number 4553 was waived. Accepted the resignations of Ms. Shirley Benjamin and Dr. Gilbert Unatin, District Five and District Two appointees to the Archaeological Advisory Committee and declared the positions to be vacant. I N. Received and filed the Monthly Investment Report for May, 1997. O. Approved regular demands numbered 16320 through 16460 in the amount of $779,230, payroll demands numbered 22629 through 22840 in the amount of $269,065.95, and authorized warrants to be drawn on the Treasury for same. P. Q. AYES: NOES: Received and filed the staff report relating to the Receipt of the Final Environmental Assessment/Initial Study and Finding of No Significant Impact, Multiple Construction Project, Armed Forces Reserve Center, Los Alamitos, authorized the Mayor to sign the response letter, and instructed staff to forward same to the Environmental Quality Control Board and Archaeological Advisory Committee for information purposes. I Concurred with the Planning Commission recommendation to initiate a Zone Text Amendment with regard to exterior stairways from existing 2nd story kitchens, Residential Low Density Zone. Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - ORDINANCE NUMBER 1416 - ZONE TEXT AMENDMENT 97-1 - PERMITTED INTRUSIONS - REAR YARD SETBACKS - RESIDENTIAL LOW DENSITY ZONE - PLANNING DISTRICT ONE Mr. Stark, Seal Beach, stated it seems that one can submit a set of plans, receive approval, and then do what one pleases, which he claimed his neighbor is doing. Mr. Stark said his neighbor had plans prepared by a firm in Encino, the plans were sent to the Coastal Commission, submitted to the CC&R Committee, to the City, and were approved by the Coastal Commission all in 1996. He brought forth a set of plans that he claimed were the original submittals, pointed out the area that was proposed to be excavated, in August of that year a new set of plans were submitted that increased the excavation by seventy-four percent, and stated those plans were not submitted to any of the approving bodies, originally the square footage was shown as four thousand nine hundred forty- one square feet, after the increased excavation the square footage shown remained the same, there are no approvals I 7-28-97 I shown, the unexcavated area becomes a short strip, it would seem that someone would want to know why there are two sets of plans. Mr. Stark stated that the CC&R's prohibit basements, and after complaints of damage from the neighbors one would think someone would check. He said numerous requests have been submitted for copies of the permits, the retaining wall as an example, yet claimed the City does not want to comply with the Public Records Act. He noted having heard that the fees were based on some schedule rather than valuation or square footage, and what about the school fees, then charged that the square footage of the building demolished was inflated to show a lesser amount of new construction and in turn less fees. Mr. Stark said the architect was not entirely candid when he stated the five foot roof overhang was his mistake, that he did not know he could not have a five foot overhang, that is because he proposed a nine foot overhang as shown on the side elevation of the plans. Mr. Stark contended that this project was born out of a Brown Act violation, the City's CC&R Committee met in secret, no notice, minutes that no one can get, yet the City requires the Gold Coast homes to go before that Committee, also, when this matter was remanded back to the Planning Commission it should have been renoticed, the City Council as well, and further, a Commissioner whose term expired attended and voted on the item. Mr. Stark recalled someone bringing up the Crestview property at a prior meeting where the owner built a cabana on the property line, without a building permit, extended a deck onto the Hellman property, no permit, it was referred to the Attorney for prosecution yet at the Planning Commission it was tabled pending preparation of some special legislation, that item has yet to be seen. Mr. Stark asked if a ten foot deck can be glassed in to make living space, that makes the ten foot encroachment a house. He said before this legislation is approved the owners of 206 Ocean should be made to comply with their original plans and fill in the excavation. In response to Mayor Hastings, the Director of Development Services explained that the CC&R Committee mentioned was established by the homeowners of that area, it was not required by the City, the provisions indicate that plans for additions, remodels, or new construction must be approved by their o~n established committee before coming to the City, the CC&R's were established sometime in the 40's, later renewed, and still exist. Ms. Antoci offered that she is aware of a similar requirement for Huntington Harbour where plans must be stamped by the homeowners committee before they will be considered by the City. The Mayor said she wished to correct a misunderstanding in that the owner of the Crestview property referred to did appear before the Council under an appeal, at the Commission level it was correctly tabled pending development of some type of resolution so that it will not occur again. Mr. Reg Clewley, Catalina Avenue, objected to the passage of this item for many of the same reasons of the prior speaker, this item permits encroachments into rear setbacks without regard to permits that have been issued. He noted a building permit had been issued for the Crestview property and that can be used as an umbrella with the passage of this item to eliminate the need to hear it I I 7-28-97 again according to a Planning Commission report regarding ZTA 96-1, until that is resolved the City has no Building Code, things can be built to the property line, the original argument was that the Building Code was wrong, it has been years since 96-1 was sent back, nothing will be done until the property is sold again, if construction is red tagged that is meaningless. Mr. Clewley said ZTA 97-1 should be sent back to the Commission and noticed. Mayor Hastings clarified that ZTA 97-1 affects only the Gold Coast, the oceanside properties between First and Eighth Streets, and asked the City Attorney for an explanation of noticing requirements when an item needs to be revisited by the Commission. The City Attorney responded there are provisions of the Government Code and the City Code as well, when an item is referred back to the Planning Commission there is no public hearing or notice requirement, the Brown Act only requires that it be placed on the agenda, and noted that this item has had at least four noticed public hearings, two hearings at the Council level, as well as additional public testimony. Mr. Charles Antos, Seal Beach, stated that the zoning for the Gold Coast is based upon the original CC&R's, when they were about to expire he had worked with the Committee to revise them, the property owners then approved them. He noted that the City has required that CC&R's and architectural committees be in place for condos, Bridgeport, and other development, the Commission and Council approve development subject to those provisions, therefore the City. requires people to go to those committees for review before coming to the City for consideration. with regard to the Coastal Commission, once it has approved a project, in the past when there have been changes, the City has required resubmittal to the Commission, likewise with referral back to the Planning Commission, to which he said was not done in this case, rather, special legislation. To a request of Council, the City Attorney explained that the term CC&R's means Covenants, Conditions, and Restrictions. He noted that CC&R's are not unique, Bridgeport has them, Leisure World has something similar, possibly Surfside as well, the ordinance proposed is for an entire area, if adopted eaves will be allowed at the roof level to extend up to five feet with Plan~ing Commission review, and balconies at the roof line will be reduced to the edge of the building, no overhanging balconies or decks at the roof level, the ordinance has nothing to do with the plans and if necessary to go back to Coastal Commission they will. Mr. Randy JOhnson, Ocean Avenue, said this has been a confusing issue from the start in that current Code allows a ten foot deck overhang at the roof level yet only two foot eaves, if passed, this will clarify, and make uniform the Code as to what can be built. He spoke for passage of the ordinance. Mr. Stark said he had no questions of the architect, however again claimed that one of the hearings was not noticed, the item had to be held over pending it being noticed. He said there has never been a problem on the Gold Coast until Mr. Johnson moved there and wanted a five foot, originally nine foot, eave, and charged that Mr. Johnson simply put up the five feet of steel for the overhang to cover up the mistake that had been made by the architect. Mr. Stark again claimed that the CC&R's prohibit I I I 7-28-97 a basement, also that the plans should have been sent back to the Coastal Commission. I Councilman Brown moved to approve second reading and adoption of Ordinance Number 1416 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING PERMITTED INTRUSIONS INTO REAR YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD) ZONE OF PLANNING DISTRICT I (28-401(2)(b) AND REGARDING PERMITTED IMPROVEMENTS TO NON-CONFORMING RESIDENTIAL BUILDINGS AND USES (28-2407.A.2)(ZONE TEXT AMENDMENT 97-1)" which reads in part, 'Walkway may extend a maximum of ten (10) feet into the rear yard. Balcony/deck may extend or project a maximum of ten (10) feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of five (5) feet over the year yard, subject to Planning Commission approval of a consent calendar plan review application.' By unanimous consent, full reading of Ordinance Number 1416 was waived. Councilmember Campbell seconded the motion. I Councilman Fulton stated he had looked at the project first hand, and at last meeting the architect admitted to having made a mistake, however questioned how an architect can make such a mistake that involves five feet of steel when it is not in the Code. The architect, Mr. Brent Sears, Long Beach, responded that it is not possible to know every code in every city he works, and the Seal Beach Code section was confusing. He noted that the preliminary design for this property was done by a firm in Encino, it had a ten foot deck at the upper level, that is assumed what happened, said it would be nice but impossible to go through the approval process and have nothing change because it is a complex problem to design within all of the rules of the various departments involved. Again, once in a while a mistake is made. Councilman Fulton noted that he read plans for thirty-five years in the midwest for various types of structures, never experienced a situation where the steel was in place before the code was addressed, this was a significant mistake. Vote on the motion to adopt Ordinance Number 1416: AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I BIKES-BLADES & BOARD JAM - 1997 - ADVANTAGE INTERNATIONAL The City Manager reported that this proposed event is similar to the event held last year with some added non-competitive activities for local youth, revenue from fees is anticipated just under $39,000, it will be shown on ESPN, and the event will be lucrative for the Lions Club who in turn donate back to local organizations and charities. Councilman Brown asked what negative impacts were realized last year, specifically with regard to the citizens. The Mayor responded that she received no calls, the Manager said there was one small fracas, and Councilman Fulton thought the event was well handled. Councilmember Forsythe clarified that the revenue derived will be less expenses. Fulton moved, second by 7-28-97 Hastings, to approve the Agreement between Advantage International and the City for the 1997 Bikes-Blades & Board Jam to be held August 29th through the 31st, with set up the four days prior. AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried I PUBLIC HEARING - APPEAL - DENIAL OF MASSAGE PERMIT The city Attorney stated this is an appeal of a decision of the police Chief denying a massage technician permit. He noted the staff report and exhibits thereto were provided the Council and are part of the record, at issue is the Code requirement of two hundred fifty hours of study if the technician has three years experience, otherwise the Code requires five hundred hours of study, in this case the applicant has seventeen to eighteen years experience however has two hundred twenty-four hours of class time, therefore short twenty-six hours. He said the Polic~ Department reported there was nothing in their investigation that would warrant denial except for the shortage of study hours, also there is nothing in the Code that allows the flexibility to deviate from the current requirements, therefore the applicant is appealing the decision. The City Attorney recommended that the Council consider the options to either affirm the decision of the Chief of Police and deny the massage technician application on the basis that the applicant does not the minimum Code education requirements, or, direct staff to study whether a Code amendment of the minimum Code education requirements is appropriate. If the Council were to consider option two, Councilmember Forsythe inquired how this would impact the appellants opportunity for employment at this time. The Attorney responded that if the Council were to direct staff to research a flexible standard based on the number of years of experience, the Council could direct that a temporary permit be issued, staff would then come back with a recommendation. Instead of revising the Code, Councilmember Forsythe asked if a temporary permit could be issued on the contingency of making up the class time. The Attorney concurred that a condition could be imposed for a refresher course of at least twenty-six hours. I Mayor Hastings declared the public hearing open to consider the appeal of the denial of a massage technician permit. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this matter. Mr. Norwood Davis, Compton, stated the place of business where he would like to work is Welsprings, the employment opportunity came to his attention by means of a co-worker at his full time employment as a Los Angeles County safety Police Officer at the Harbor UCLA Medical Center. He noted earlier this year he had left the Downey Family YMCA where he had worked part time as a massage therapist for nine years. Mr. Davis stated he visited Welsprings, was impressed with the owners and their thinking with regard to the presentation of massage. The owners provided him with a copy of the massage ordinance therefore he was aware of the shortage of study hours. Mr. I 7-28-97 I Davis said he had attended the Strom-Berg Institute of Scientific Swedish Massage in 1976, there are not a lot of regulations with regard to massage, particularly then, instruction at Strom-Berg was by two chiropractors who had been teaching for seventeen years, students were required to pass a written test, put in the class hours, as well as massage a teacher so that they were satisfied with the techniques before graduation. He explained that only two hundred twenty-five hours of class time was offered, there were no statewide licensing standards, nor was he aware of a school that offered five hundred hour courses. He noted that the hours he has were enough for him to be licensed six different times in Long Beach, Downey, Los Angeles County cities of Hacienda Heights and Marina Del Rey. Mr. Davis said when the shortage of hours was realized he decided to not pursue a permit because cities have their own standards, the owners of Welsprings called the City and it was suggested that possibly the twenty-six hours could be waived, the same suggestion was posed to him, he commenced the process with the submittal of his application, paid the $500 background investigation fee, the Lieutenant at the Police Department stated there was nothing in the background check against him, however after a period of time the Department advised that the permit would need to be denied because of the shortage of hours pursuant to the requirements of the Code and there was no provision of the Code to waive the lacking hours, even though City personnel felt it reasonable to waive the hours in this case. Mr. Davis stated he did not feel right in not having the opportunity to work here because of the shortage of hours because his school did not offer greater hours twenty-one years ago, plus his twenty years of experience. He noted that his interest in massage increased during his employment as a psychiatric nursing assistant while attending massage school, that is when he discovered how effective massage can be in helping patients sleep through the night without heavy medication, over the years he has seen positive response to massage coupled with tapes of soothing music and sounds of nature, which he said he has named Massage of Multiple Dimensions, his intent is to help people deal with their stress. There being no further comments, Mayor Hastings declared the public hearing closed. I I Councilman Brown suggested that possibly the Code could be changed to allow for a graduated education requirement for persons having more extensive experience such as Mr. Davis, as an example, maybe two hundred hours for those having ten years experience. The City Attorney confirmed that the Council could do as suggested, noted that it is important however that staff study the issue, two hundred hours of study with ten years or more of experience would be acceptable. Councilman Brown asked that staff confer with the Police Department during their study of the issue. The City Attorney advised that issuance of a temporary permit remains an option of the Council. Councilmember Campbell expressed concern with the expenditure by Mr. Davis of $500 for a background invest~gation on the presumption of a possible waiver of hours. Chief Sellers noted that the investigation fee is actually about half of what he has seen 7-28-97 in other agencies, it merely covers the costs of the investigating personnel. Given the positive results of the background investigation, Councilman Brown moved to grant a temporary massage technician permit to Mr. Davis for a period of sixty days pending a study and recommendation from staff to amend the Code to require two hundred hours of study in cases of ten years or more of experience. Councilmember Forsythe seconded the motion. I AYES: NOES: Brown, Campbell, Forsythe, Fulton, Hastings None Motion carried CITY MANAGER REPORTS At the request of the City Manager, the Parks and Recreation Director announced that the Tree Advisory Committee has sent out the first five hundred letters to randomly selected residents regarding tree planting opportunities. She explained that there are fourteen hundred vacant tree locations throughout the City, there is a grant from the ReLeaf organization for forty trees, the first forty persons contacting the City will receive at least a fifteen gallon tree, if a larger tree is desired the resident can make up the difference in cost. The Director confirmed that a larger size tree would be planted by the City at no extra expense to the homeowner. The Manager noted that the Committee plans to survey all areas of the City for locations where trees would enhance the neighborhoods. ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Gordon Shanks, Surf Place, mentioned that the City is particular about what is planted in the parkway, and that approval of the type of tree needs to be obtained from the City. Mr. Shanks complimented the reopening of the Red Car Museum by the Historical Society, attended by the Mayor and available Councilmembers, the Leisure World jazz band was excellent, expressed appreciation to the Public Works and Recreation Departments and Chamber of Commerce for their assistance. The refurbished Red Car Museum to be open the second and fourth Saturdays of each month. To a newspaper article reporting that Island Village wishes to join the City of Seal Beach, Mr. Shanks surmised that when the channel was put in during the 1930's the Edison Plant was likely in place and this property remained in Los Angeles County probably for property tax purposes, and if an annexation is considered suggested that the Edison plant be annexed too, then the channel will become the Los Angeles/Orange County dividing line. Mr. Shanks inquired as to the status of the Comcast franchise. The Manager responded that there is steady progress. Mr. Reg Clewley, Catalina Avenue, thanked the City for th~ recently constructed curb which he said are being used. He asked the status of ZTA 96-1, said he has been told a number of times it would be considered soon, and reiterated that until 96-1 is resolved there is no Building Code for Seal Beach and encroachments into the rear yard setbacks are being permitted. The Director of Dev~lopment Services offered to provide a status report to the Council by next meeting. He added that one difficulty is that as I I 7-28-97 I applications come to the City for projects on personal property they must be dealt with within a time limit or they are automatically deemed approved, staff is also dealing with the Main Street Specific Plan, the EIR, archaeological investigation, etc. for the Hellman project, there are a number of things that must be dealt with under time constraints, there is no specific time frame for a Zone Text Amendment, there is no time constraint on the referral of a legislative matter, however there is for variances, conditional use permits, etc. Councilman Brown noted a call from College Park West complaining that the streets needed repair yet sidewalks were being cut up for curb cuts. Ms. Barbara Antoci questioned why movies are only being shot at Dolphin and Ocean, the City gets only about $1,500 per day but provides services in return. The Mayor mentioned that the cost of services are recovered, and the Manager noted other revenues are realized when they utilize the parking lots, there are other residuals, the procedure when using a private residence or they are in an area that would impact others is to have the film company distribute notices of their activities for a given day. Mayor Hastings asked if a business license would be required when allowing the use of a residence for an extended period, say a year, as is required of apartment owners. The City Attorney said that would depend on how often they work in the City, if it is a one time shoot they usually come and go before the City can require them to obtain a business license. It was clarified that the owner and possibly the tenants of a property are being paid $600 a month for a year, by contract, for the use of that property by the film company, to which a question was posed if the area is zoned for such use. Ms. Antoci said although the intent to come back to the same location is understood, it is a high impact, early this morning there were about fifty sleeping on the sidewalk, golf carts back and forth, a crew on the beach, cherrypickers in the air with lights, microphones, etc., and the reason they are in Seal Beach is that it is the last City within their studio/location limit thus avoiding payment for overnight accommodations. The Manager said for a residence that is contracted by a filming company a filming license can be charged the resident, that type of license limited to a certain number of days per year. The Mayor asked if there would be need for an ordinance to impose such license fees, to which the City Attorney responded it would be looked at and determined if any new categories are necessary under fees and licenses. Mr. Dusty Shenett, said for about a year he has been trying to get on the rotation list of tow service companies, no one seems to know how many companies there are supposed to be, he has been unable to see where there is a limitation, the City Manager has said it is in a memorandum, if there are four now why not five, and requested an answer to his inquiry. The City Manager said a report came to the Council about a year ago regarding regulation and licensing of City authorized tow truck companies, the Police Department felt it was best to limit the number in order to adequately supervise and maintain quality service, at that time two were approved, later two were added, that was communicated to this tow operator in writing, and when the existing contracts I I 7-28-97 expire, which will be December, all applications would be submitted to the Council for consideration, also whether a limitation is desired, and noted two of the current companies are attempting to persuade the City to establish a two company limit. Mr. Shenett objected to a limitation, said the regulations stated that a company can not be dependent on the City for their income, if limited to two they would then be dependent on Seal Beach for their income, and if status quo for another year does the City check to assure that their equipment and yard still meet the standards, under the CHP contract they inspect the equipment, facilities, insurance, etc. once a year, and his drivers are even FBI checked. The Mayor suggested those inspection procedures could be incorporated in the City's regulations. The Manager noted that the Council recently took action to defer background checks to the County at no cost. Mr. Shenett again requested answers. Dr. Rosenman, Seal Beach, said he assumes there is some provision to deal with liability issues relating to the Bikes and Blades event. With regard to the filming complaint he agreed with the description of the area, however said it sounds as if they are making notification too late, therefore possibly the procedures need to be reviewed and enforced as to advanced notice. There being no further comments, Mayor Hastings declared Oral Communications closed. I COUNCIL CONCERNS Councilman Fulton said he believed the Chief guaranteed himself a long term position with his comment this evening that the City's fees are low, also noted having played five softball games over the weekend placing second. councilmember Campbell commended the slurry seal project of some of the College Park East streets. Councilman Brown said he is negotiating with County Flood Control to get them to Seal Beach to look at the Leisure World and College Park East area with regard to the anticipated EI Nino, he would like them to meet with staff also regarding the downtown area. The City Engineer said the intention is to schedule meetings for the month of August, City personnel are already working on the storm drains, the County has completed work on the Westminster/Seal Beach Boulevard pump which will increase its capacity by about twenty-five percent. Councilman Brown noted that a pump at the catch basin is sitting idle and it is thought to not be repairable, which is worrisome. Councilman Fulton reported that the Corps of Engineers at a recent Santa Ana Flood Protection Agency meeting were predicting heavy rains from the end of August through November, and they are working hard to complete work on the Prado and Seven Oaks dams by then. Ms. Antoci reminded all to obtain flood insurance. Ms. Audrey Kime, College Park East, stated she and her husband are FEMA inspectors and advised that FEMA is encouraging everyone to obtain flood insurance as it is predicted that this will be one of the wettest years in many throughout the country, the telephone number for a federally funded program is being shown on television. The Mayor requested that she provide that number to the Council and City Clerk for public information. Ms. Kime noted that flood damage is not covered by homeowners insurance. In response to Councilmember Campbell, the City I I 7-28-97 / 8-11-97 I Engineer advised that the City currently has a supply of sand bags. Councilmember Campbell asked if the Leisure World ditch is clean, to which Councilman Brown stated that it is clean however when the catch basin is full, it is higher, then the ditch flows back. Mayor Hastings noted that the District One Parks and Recreation representative was present at the Red Car opening as well, commended Mr. Shanks and the Historical Society for a wonderful opening celebration, after that she and Councilmember Campbell attended the Beet Factory one hundredth anniversary celebration in Los Alamitos. She thanked everyone for attending the Council meetings. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 11th at 6:30 p.m. to meet in Closed Session if deemed necessary. The meeting was adjourned by unanimous consent at 9:45 p.m. Cit C erk and ex-officio e City of Seal Beach . L of V\\hll~\\ ? . Approved: \'... . '\'" Attest: Mayor I Seal Beach, California August 11, 1997 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Campbell, Fulton Absent: Councilmember Forsythe I Brown moved, second by Fulton, to excuse the absence of Councilmember Forsythe from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Fulton, Hastings None Forsythe Motion carried Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk